Surviving a FHEO Compliance Review and Complying with AFFH

What is a Compliance Review? Compliance reviews (Audits) are HUD initiated assessments of a housing provider’s practices. Compliance reviews generally cover a number of issues and bases. Title VI, Section 109, Section 504, Section 3, ADA, AFFH & Equal Access Rule.

Review Topics for Title VI, Section 109 & Section 504 Analysis of demographic data for race, color, national origin, religion, sex and disability in the jurisdiction. Affirmative efforts to involve racial minorities, female-headed households and persons with disabilities in citizen participation process.

Review Topics for Title VI, Section 109 & Section 504 Collect and maintain records showing extent to which racial and ethnic minorities, female-headed households and persons with disabilities are participating in its federal programs. Both applicants and beneficiaries.

Review Topics for Section 3 Notification of Section 3 Residents and Businesses. Incorporation of Section 3 Clause in notices and contracts. Facilitating training and employment of Section 3 residents and award of Section 3 contracts. Documenting Actions taken to comply with Section 3. Reporting Section 3 efforts.

Equal Access Rule Review topics Housing must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. Definition of a family must include persons regardless of sexual orientation, gender identity, or marital status. Prohibit inquiries of an applicant’s or occupant’s sexual orientation or gender identity.

Review topics for Affirmatively Furthering Fair Housing Conducting an Analysis of Impediments to fair housing choice within the jurisdiction. Taking appropriate actions to overcome the effects of the impediments identified through the analysis. Maintaining records reflecting the analysis and the actions taken.

AFFH Responsibilities  The Fair Housing Act imposes an affirmative obligation by requiring recipients to do something “more than simply refrain from discriminating themselves or aiding others in not discriminating.”  HUD has interpreted the affirmative obligations of the Fair Housing Act to mean that recipients must: – Analyze and eliminate housing discrimination in the jurisdiction; – Promote fair housing choice for all persons;

AFFH Responsibilities Cont. –Provide opportunities for inclusive patterns of housing occupancy, regardless of race, color, national origin, religion, sex, familial status, or disability; –Promote housing that is structurally accessible to, and usable by, people with disabilities; and – Foster compliance with the nondiscrimination provisions of the Fair Housing Act.

Data Reviewed Conplans, AAP’s, CAPERs, and AI’s. Citizen participation plans. LEP process and LAP. Effective Communication policy. Reasonable Accommodation policy. Section 504 Grievance Procedure. Section 504 Nondiscrimination Notice.

Data Reviewed Cont. Identification of Section 504/ADA Coordinator. Section 504/ADA self-evaluation and transition plan recipient and subrecipients. Physical Accessibility using UFAS. Section 3 plans and Section 3 reports (6002’s).

Data Reviewed Cont. Section 3 notices and contracts. Beneficiaries of programs funded. Monitoring process. Copies of brochures and outreach materials. Copies of public notices. Program policy manuals.

Implementation Review of how you are implementing the Civil Rights regulations and requirements in your programs. What documentation do you have that shows you are complying.

Staff interviews, file and records reviews Interview staff responsible for each program area. Program file review. Subrecipient file review.

File and records reviews Monitoring file review. Reasonable accommodation requests and outcomes. Grievances filed.

After the on-site review Letter of Findings Preliminary finding of compliance or noncompliance. Notifies the housing provider of the results of the compliance review.

Voluntary Compliance Agreement (VCA) Accompanies Preliminary Findings of Noncompliance. Proposes remedies. Negotiable.

If Voluntary Compliance is Not Achieved Administrative hearing leading to termination of Federal assistance. Referral to Department of Justice.

What can recipients do to prepare?

Most Common Violations Not having a complete and meaningful AI. Not incorporating AI into Conplans, AAP’s and CAPER’s. Not implementing the LAP. Not implementing Citizen participation plan. Not analyzing participation rates of applicants and beneficiaries.

Most Common Violations Not having or implementing an Effective Communication policy. Not having or implementing a Reasonable Accommodation policy. Not having or implementing Grievance procedures. Not monitoring effectively for the Civil Rights requirements.

Why the Fuss over AFFH AFFH – a requirement of the Fair Housing Act. 45 years since the passage of the Fair Housing Act. Proposed rule been in works for many years. Assist local and state governments in tackling segregation in their communities and opening housing to everyone.

Quality Plans to AFFH Three-Pronged AFFH Certification [24 C.F.R. § (a)(2) (2010)] CPD recipients certify annually that they will affirmatively further fair housing by: 1) Conducting an analysis to identify impediments to fair housing choice within the jurisdiction; 2) Taking appropriate actions to overcome the effects of any impediments identified through that analysis; and 3) Maintaining records reflecting the analysis and actions in this regard.

Conducting an AI –Essential Elements of an AI  A complete review of the laws, regulations, administrative policies, procedures, and practices;  An assessment of how those laws, regulations, administrative policies, procedures, and practices affect the location, availability, and accessibility of housing;  An assessment of conditions, both public and private, affecting housing choice for people in all protected classes; and  An assessment of the availability of affordable, accessible housing in a range of unit sizes.

Conducting an AI –Six Core Components of an AI 1) Segregation and Integration 2) Racially and Ethnically Concentrated Areas of Poverty (RCAP/ECAP) 3) Access to Opportunity 4) Fair Housing Environment 5) Infrastructure Investments 6) Public Participation

Fair Housing Plan  Utilize the AI for program planning using the consolidated planning process! – Create long term action plan using the five- year consolidated plan. –Plan specific annual actions to address impediments through annual action plans. –Set realistic AFFH goals.

Fair Housing Plan  Plan specific AFFH actions: – What? Who? When? Where? – Set specific measurable goals.  Use a holistic approach: – Draw connections between planned program year activities, impediments, and actions to overcome.

Documenting Actions  Document all AFFH plans and actions within HUD submissions: – ConPlans: Document long term action plans. – Annual Action Plans: Document specific annual actions planned. –CAPERs: Document actions implemented to overcome the effects of impediments and include measurable outcomes for people in protected classes.  Maintain records that establish the connections between identified impediments, established priority housing needs, funded activities, and actions to affirmatively further fair housing.

AFFH Proposed Rule Process  Published July 19, 2013  Available for public comment:  Everyone is encouraged to participate in this rulemaking process!  MORE TO COME!

For more information contact: Michele Hutchins, Equal Opportunity Specialist Office of Fair Housing & Equal Opportunity U.S. Department of Housing & Urban Development 125 S. State Street, Room 3001 Salt Lake City, UT (801) Direct line (801) TDD line – Denver Toll Free