Fair Housing Sexual Harassment, Domestic Violence and Other Harassment Issues

Civil Rights Laws  Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §2000d) ’  Title VIII of the Civil Rights Act of 1968 as Amended in (Fair Housing Act, 42 U.S.C §3601 et seq.)  Violence against Women Reauthorization Act of 2013

Programs Required to Comply with the Fair Housing Act and other civil rights laws  Section 221 (d)(2) Homeownership Assistance and 221(d)(3) Below- Market Interest Rate  Sections 235 and 236  Sections 232, 234(c) and Condominium and Cooperative Housing  Section Nursing Homes and Intermediate Care Facilities  Sections 207, 220, 221(d)(3) and (4) – Multifamily Rental Housing  Rental Assistance Payment (RAP) and Rent Supplement  Section 8 Project-Based Assistance  Section 202 with 162 Assistance – Project Assistance Grants (Section 202 PACs)   Section 202 with Project Rental Assistance Contracts (Section 202 PRACs)   Section 811 with Project Rental Assistance Contracts (Section 811 PRACs)

Fair Housing Act –Title VIII Prohibits Housing Discrimination on the Basis of:  Race  Color  Religion  Sex –including Sexual Harassment  National Origin  Familial Status  Disability

A Federally Funded Housing Provider may not  Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program  Provide housing that is different from that provided to others  Subject anyone to segregation or disparate treatment  Restrict anyone's access to any benefit enjoyed by others in connection with the housing program estate transactions  Discriminate against someone because they are related to or associated with a member of a protected class  Deny anyone access to the same level of services Your text here

A Federally Funded Housing Provider may not  Treat a person differently in determining eligibility or other requirements for admission  Steer an applicant or participant toward or away from a particular area based any of these factors  Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program  Discriminate in the provision of residential real class.  Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected

Provisions of the Law Related to Sexual Harassment Sexual Harassment is found where  a tenant is subjected to a demand for a sexual favor in exchange for any housing benefit, privilege or service because of his or her sex ( Quid Quo Pro) or,  Where the tenant is subjected to sexual conduct of a physical or verbal nature and the conduct was unwelcomed and severe enough to alter the use and enjoyment of the home or creates a Hostile Environment

Staff Training  The housing provider should provide fair housing training for all staff members on a regular basis.  The housing provider should maintain documentation of fair housing training, the documentation should include; dates, locations, agendas, and a roster of attendees.

Best Practices  Know and understand applicable fair housing and other civil rights laws.  Develop clear, written screening and tenant selection policies based on verifiable facts and compliant with fair housing laws.  Ensure all employees are informed and trained on how to enforce policies consistently and equally among applicants and tenants.  Keep thorough, complete, accurate documentation of all interactions (including oral conversations) with rental prospects, applicants, and tenants.

References  Fair Housing Act  24 CFR 100  Tenant Selection Plan  24 CFR Owner Preferences in Selection for a Project or Unit  24 CFR , , , , , (Applicability of 24 CFR, part 5, and responsibilities of the owner)  24 CFR , , (Selection and admission of tenants)  Income-Targeting (These regulations are applicable only to the Section 8 project-based program except where otherwise noted.)  24 CFR Admission – Income-eligibility and income-targeting  24 CFR 5.601, (Occupancy Requirements for Section 8 Project Based Assistance)  Preferences  24 CFR 5.655, , , , , , , , (Owner preferences/requirements in selection for a project or unit)  24 CFR Determination of Eligibility  24 CFR a, , , a, a (Preference for occupancy by elderly families)

References cont’d  Required Criminal and Drug Screening Standards  24 CFR part 5, subpart I – Preventing Crime in Federally Assisted Housing – Denying Admission and Terminating Tenancy for Criminal Activity and Alcohol Abuse  24 CFR part 5, subpart J – Access to Criminal Records and Information  Screening for Suitability  24 CFR Owner Preferences in Selection for a Project or Unit  Rejecting Applicants and Denial of Rental Assistance  24 CFR , , , , and 132, and 329, , , (Tenant selection and admission)  Denial of Assistance to Noncitizens and DHS Appeal Process  24 CFR part 5, subpart E – Restrictions on Assistance to Noncitizens

Questions?

For More Information: 1 – 888 –