Presentation on theme: "The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services HOMELESSNESS AND SUPPORTIVE HOUSING PROGRAMS TRAINING FAIR HOUSING & CIVIL."— Presentation transcript:
The State of Ohio is an Equal Opportunity Employer and Provider of ADA Services HOMELESSNESS AND SUPPORTIVE HOUSING PROGRAMS TRAINING FAIR HOUSING & CIVIL RIGHTS DECEMBER 7, 2012
ALL RECIPIENTS OF HUD FUNDS MUST COMPLY WITH FEDERAL, STATE AND LOCAL NONDISCRIMINATION REQUIREMENTS
REQUIRED TO CERTIFY… BY SIGNING GRANT AGREEMENT, APPLICANT CERTIFIES THAT THEY WILL COMPLY WITH ALL NONDISCRIMINATION LAWS AND PROGRAM REGULATIONS
QUICK OVERVIEW Title VI of the Civil Rights Act of 1964 Title VI of the Civil Rights Act of 1964 Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance. Section 109 of Title I of the Housing and Community Development Act of 1974 Section 109 of Title I of the Housing and Community Development Act of 1974 Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
Section 504 of the Rehabilitation Act of 1973 Section 504 of the Rehabilitation Act of 1973 Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance. Title II of the Americans with Disabilities Act of 1990 Title II of the Americans with Disabilities Act of 1990 Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
DEFINITION OF PERSONS WITH DISABILTIES THE FAIR HOUSING ACT, SECTION 504 AND ADA DEFINE A PERSON WITH A DISABILTIY AS ONE WHO: 1.HAS A PHYSICAL OR MENTAL IMPAIRMENT WHICH SUBSTANTIALLY LIMITS ONE OR MORE MAJOR LIFE ACTIVITIES; 2.HAS A RECORD OF SUCH IMPAIRMENT; OR 3.IS REGARDED AS HAVING SUCH AN IMPAIRMENT DISABILITES ARE NOT ALWAYS OBVIOUS
OTHER CIVIL RIGHTS LAWS Architectural Barriers Act of 1968 Architectural Barriers Act of 1968 The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons. Age Discrimination Act of 1975 Age Discrimination Act of 1975 The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. Title IX of the Education Amendments Act of 1972 Title IX of the Education Amendments Act of 1972 Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.
Fair Housing-Related Presidential Executive Orders Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.Executive Order 11063 Executive Order 11246Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin. Executive Order 12892Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD. Executive Order 12898Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin. Executive Order 13166Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities. Executive Order 13217Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.
Fair Housing Act Fair Housing Act Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and disability. The Act covers short and long term housing.
HOUSING PROVIDED BY SHELTERS MAY BE COVERED BY THE FAIR HOUSING ACT Shelters that house persons for more than a few days- “expectation to return” Transitional housing Permanent housing Dormitory-style sleeping units as well as apartments and single room occupancy units.
The Fair Housing Act does not specifically include sexual orientation and gender identity as prohibited bases. However, a lesbian, gay, bisexual, or transgender (LGBT) person's experience with sexual orientation or gender identity housing discrimination may still be covered by the Fair Housing Act. Discrimination based on sex under the Fair Housing Act includes discrimination because of nonconformity with gender stereotypes.
Sexual orientation – used to describe a person’s emotional and sexual attraction to other people based on the gender of the other person. Includes: heterosexual (straight), lesbian, gay, bisexual, queer, other identifications. LGBT (or some combination of those): Abbreviation often used to refer to the “community” as a whole. Transgender – often used to describe those whose gender expression is nonconforming and/or whose gender identity is different from their assigned birth sex. Gender identity – a person's internal sense of being male, female, something other, or in between. This identity may or may not correspond to the person's body or designated sex at birth. Gender transition – the process through which a transgender person begins to live in a manner more consistent with their gender identity. Transition may include a change in style of dress, selection of a new name, and a request that people use the correct pronoun when referring to them. KEY TERMS
EXAMPLES OF SITUATIONS THAT MAY BE COVERED BY FHA: A gay man is evicted because his landlord believes he will infect other tenants with HIV/AIDS. That situation may constitute illegal disability discrimination under the Fair Housing Act because the man is perceived to have a disability, HIV/AIDS. A property manager refuses to rent an apartment to a prospective tenant who is transgender OR a PHA denies a voucher to a person because the person does not conform to gender stereotypes. If the housing denial is because of the prospective tenant's non-conformity with gender stereotypes, it may constitute illegal discrimination on the basis of sex under the Fair Housing Act.
SEXUAL HARASSMENT IS ILLEGAL UNDER THE FAIR HOUSING ACT Person obtains housing but then experiences discrimination in the form of sexual harassment, if actions were: Motivated by sex So severe or pervasive that it creates a hostile environment or Provision of housing or its benefits conditioned to sexual favors EXAMPLE: Harassment may be due to landlord’s view that tenant’s appearance or mannerisms fail to conform with stereotypical expectations of how a man or woman should look or act. NOTE: Housing owners may be liable for their own actions and actions of employees or other residents.
STATE AND LOCAL LAWS While the state of Ohio nondiscrimination law does not specifically include sexual orientation or gender identity as protected groups, several Ohio cities and counties, including Columbus, Cincinnati, Cleveland, Dayton, Athens, Ironton and Yellow Springs, do have non-discrimination laws that include such protection. Know your local laws!!
EQUAL ACCESS TO HOUSING IN HUD PROGRAMS REGARDLESS OF SEXUAL ORIENTATION OR GENDER IDENTITY (AKA HUD’S LGBT RULE) HUD Program Regulation – not law Final Rule Issued- February 3, 2012 Effective Date: March 5, 2012 PURPOSE: to ensure that HUD’s housing and homeownership programs remain open to all eligible persons regardless of sexual orientation, gender identity or marital status.
Provision makes clear that HUD programs are open to all. Revised Section 5.105(a)(2) expressly provides that LGBT status CANNOT be a basis for denying participation in a program funded or insured by HUD Housing that is financed or insured by HUD must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status.
CLARIFIED TERMS “FAMILY” AND “HOUSEHOLD” Added to family definition -“regardless of actual or perceived sexual orientation, gender identity, or marital status” Household in CPD programs- means all persons occupying a housing unit. The occupants may be a family, as defined in 24 CFR 5.403; two or more families living together, or any other group of related or unrelated persons who share living arrangements, regardless of actual or perceived, sexual orientation, gender identity or marital status.
BROAD COVERAGE- OWNERS OR ADMINSTRATORS OF HUD-ASSISTED OR INSURED HOUSING, AND ANY (OR ANY OTHER) RECIPIENT OR SUB-RECIPIENT OF HUD FUNDS. Prohibits inquiries about an applicant’s or occupant’s sexual orientation or gender identity for purpose of determining eligibility or otherwise making housing available OR denying housing on that basis.
DOES NOT PROHIBIT.. “Otherwise lawful inquiries of an applicant or occupant’s sex for the limited purpose of determining placement in temporary, emergency shelters that is limited to one sex because it has shared sleeping areas and/or bathrooms Or for determining the number of bedrooms the household may be entitled.”
HOWEVER… “Such inquiries are not permitted in any other homeless shelter or housing.” Does not prohibit voluntary and anonymous reporting of sexual orientation and gender identity solely for compliance with data collection requirements of state, local or other federal assistance programs. (pg 5663)
HUD RECOGNIZES THE DIFFICULTY THAT TRANSGENDER PERSONS HAVE FACED FINDING ADEQUATE EMERGENCY SHELTER With this new regulation, HUD anticipates greater access for transgender persons to shelters and other housing HUD also plans to monitor its programs to see if additional guidance is necessary
AGAIN…THE RULE CREATES ADDITIONAL PROGRAM REQUIREMENTS If a participant in a HUD-assisted or HUD-insured housing program believes that the housing provider is not complying with program requirements, they should complain to the HUD office that administers the program (i.e., Office of Community Planning and Development, Office of Public Housing, etc.) Also, certain complaints would be covered by the Fair Housing Act. A claim of discrimination based on gender nonconformity with gender stereotypes may be investigated and enforced under the FHA. If someone alleges a violation of HUD program regulations that prohibit discrimination on the basis of actual or perceived sexual orientation, gender identity and marital status, they should visit hud.gov/lgbthousingdiscrimination.hud.gov/lgbthousingdiscrimination General questions about LBGT fair housing issues or HUD regulations, email LGBTFairhousing@hud.govLGBTFairhousing@hud.gov
DID YOU KNOW… Excerpt from an article posted by HUD Secretary Shaun Donovan 40% of all homeless youth are LGBT; 50% report experiencing homelessness as a result of their gender identity or expression; The majority of them report harassment, or even sexual assault when trying to access homeless shelters. In a poll by Equality Ohio: 66% of Ohioans believe that the law should ban employment and housing discrimination based on sexual orientation or gender identity 71% of Ohioans know a member of the LBGT community 36% of Ohioans have a close relationship with a member of the LBGT community. 41% of Americans have a close relationship with a gay person. 5.1% of Americans are gay according to the US census Bureau.