Office of Fair Housing and Equal Opportunity Training for the National Community Development Association October 29 – November 1, 2013

 This course will provide an information on the following Fair Housing Laws and Executive Orders:  1.Title VI of the Civil Rights Act of 1964  2.Executive Order  3.Title VIII of the Civil Rights Act of 1968  4.The Rehabilitation Act of 1973 (Section 504) Community Development Training Outline

 Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in programs and activities receiving Federal financial assistance.  Protected Classes:  Race  Color  National Origin Title VI of the Civil Rights Act of 1964

President John F. Kennedy 1963  Simple justice requires that public funds, to which all taxpayers of all races, colors and national origins contribute, not be spent in any fashion which encourages, entrenches, subsidizes or results in racial, color or national origin discrimination.

 All action necessary and appropriate shall be taken to prevent discrimination because of race, color, religion (creed), sex or national origin in the sale, rental, leasing or other disposition of residential property and related facilities or in the use or occupancy thereof. Specifically, properties that are owned or operated by the Federal Government, or provided with Federal assistance by the Department of Housing and Urban Development. Executive Order 11063

 No person in the United States of American shall be discriminated against in housing because of race, color, religion, sex (1974), familial status, disability (1988) or national origin.  Key components  The Act covers public and some private housing  The Act covers all housing transactions: buying, selling, renting, lending, appraising, insuring and building. Title VIII of the Civil Rights Act of 1968, as amended

 It is unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having exercised or enjoyed, or on account of that person having aided or encouraged any persons in the exercise or enjoyment of. Such conduct can also involve harassment of persons because of race, color, religion, sex, disability, familial status, or national origin. Title VIII Continued

 A person has one year to file a complaint from the time of the alleged act of discrimination  Grantees or entities receiving Federal funds charged with discriminating may: 1) may be barred from active participation in Federal program; 2) may be required to compensate the complainant; or 3) may be targeted for a Compliance Review, which could lead to termination of Federal funds. Title VIII Continued

Section 109 of the Community Development Act of 1974, as ameded

 No person in the United States shall on the ground of race, color, national origin, sex or religion, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with community development funds.  Section 109 also has a prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 and qualified persons with disabilities under Section 504 of the Rehabilitation Act of Section 109 of the Housing and Community Development Act of 1974

 No otherwise qualified individual with disabilities in the United States shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Section 504 of the Rehabilitation Act of 1973

 A change in terminology has been made in Part 9 final rule and is made in 24 CFR Part 8 is the replacement of the term “handicap” with “disability.” The Rehabilitation Amendments of 1992 (Pub.L ) approved October 29, 1992 amended the Rehabilitation Act of 1973 to make this replacement.  Disability is: Any impairment that substantially limits one or more major life activity with a history of the impairment: walking, talking, breathing, seeing What is a Disability?

A change in rules or policies to accommodate a person with a disability. Changes may include: Pet policy Making payments in person Parking on a first come first service Cash payments only Note: An accommodation does not need to be provided if it causes an undo fundamental burden to the nature of its programs. Section 504 Reasonable Accommodations

 Any structural changes to the dwelling that are needed to permit the person with a disability to live and enjoy the dwelling comfortably.  Examples:  Adding a ramp Lowering the kitchen tops  Roll-in shower Adjusting environment controls Section 504 Reasonable Modifications

 Title II of the ADA covers programs, activities, and services of public entities. (common use areas, community room).  Subtitle A is intended to protect qualified individuals with disabilities from discrimination on the basis of disability established by Section 504 of the Rehabilitation Act of 1973, as amended. Americans with Disabilities Act of 1990

 HUD programs and activities must be administered in a manner affirmatively to further the policies of the Fair Housing Act. The Act leaves it to the Secretary to define the precise scope of the AFFH obligation for HUD’s Program Participants: Participants should  1.Conduct an Analysis of Impediments  2.Take actions to overcome the impediments  3.Maintain records reflecting the analysis Affirmatively Furthering Fair Housing Title VIII (Section 808(e)(5)

 An impediment is any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin that restrict housing choices or the availability of housing choice.  Any actions that appear to be neutral on its face, but there are adverse affects for housing to protected classes.  Any violations or potential violations to the Fair Housing Act. Impediments to Fair Housing

 Segregation and Separation in waiting list for assisted housing units and occupancy  Zoning and land use issues based on any classes  Inaccessible housing units and public facilities  Housing Mortgage Disclosure Act – minorities not considered for housing loans  Pre-selection of residents by race and other characteristics Examples of Impediments

 Failure to provide systems to communicate with persons who are disabled  Failure to create ongoing fair housing planning to achieve fair housing goals  Failure to address housing trends that continue to perpetuate segregation in minority communities  Policies and Procedures that are discriminatory in nature. Impediments Continued

 Encourage and facilitate regional approaches to address housing issues (AIs)  Incorporate explicitly fair housing planning  Collaborate with a diverse group of advocacy groups to include all areas of concern  Empower and foster strength and fairness in all communities by reducing racial and ethnical concentrations of poverty and other dividing components. Successful Strategies

 Housing Discrimination is against the Law. It will not and shall not be tolerated in any programs receiving Federal funds or in housing in the private sector.  FAIR HOUSING: IT IS NOT AN OPTION, IT THE LAW.  REPORT DISCRIMINATION TO PAT GREEN  (803) OR ( Closing Comments