1. The HFA Portfolio: Affirmative Fair Housing Marketing Plans
January 24, 2017 & January 26, 2017

2. Overview
HCR requires that each multifamily development receiving financial assistance carry out a marketing strategy to attract prospective renters, regardless of race, creed, color, national origin, sexual orientation, military status, sex, gender identity, age, disability, marital status, or familial status.
In addition to general marketing efforts, each development must create and execute an Affirmative Fair Housing Marketing Program (“AFHMP”), which provides the opportunity to target specific groups who require special outreach in order to be made aware of and apply for the housing.  
These affirmative fair housing marketing efforts target persons identified as least likely to apply (“LLA”) and make them aware of available affordable housing opportunities. 

3. Overview (Cont’d)
AFHMPs are reviewed by the Fair and Equitable Housing Office (“FEHO”) in order to assess their promotion of fair housing choice in housing funded by New York State.
In September 2016, HCR updated its AFHMP policy and launched a new online template for submitting marketing plans in order to streamline and standardize the process.

4. New Formal Review Process
Benefits of New Formal Review Process:
FEHO review of ALL AFHMPs allows for a more efficient and comprehensive review procedure.
Fair Housing Best Practice.
Ensures all AFHMPs are held to the same standard.

5. Areas of Significant Interest
Following are areas of significant interest to FEHO in its review and approval of marketing plans:  
Community Preferences
Assessing Applicants with Criminal Convictions
Violence Against Women Act (“VAWA”)
Fully Adapted Units
Fair Housing Training
Outreach Efforts to LLA Populations

6. Community Preferences
Should a project request a preference for applicants based on their residency or status as a municipal employee, the following additional information must be provided:
Describe the geographic scope of the community preference;
State the reason for the requested preference;
Describe the extent of the preference; and
Demographic information supporting that the proposed preference would not have a discriminatory effect on protected classes in violation of the Fair Housing Act and New York State Human Rights Law

7. Assessing Applicants With Criminal Convictions
HUD recently released guidance stating that an automatic rejection policy concerning individuals with criminal convictions could make a housing provider liable under the Fair Housing Act.
HCR’s Re-Entry Guidelines provide guidance for applying New York State’s antidiscrimination policies when assessing applicants for state-funded housing who have criminal convictions.
These guidelines require housing providers to conduct an individualized assessment when determining an applicant’s eligibility.
Education, including a webinar, are available on FEHO’s webpage.
For more information and guidance, visit the link below:

8. Assessing Applicants With Criminal Convictions (Part 2)
The housing provider may only consider prior criminal convictions or pending arrests. Prior arrests and/or accusations that did not result in a conviction may not be considered.
Any convictions that have been excused by pardon, overturned on appeal or otherwise vacated may not be considered.
The housing provider may only consider convictions or pending arrests for offenses that involved physical danger or violence to persons or property or that adversely affected the health, safety and welfare of other people.
Even where convictions for such offenses exists, those convictions cannot be an automatic bar to the applicant being selected for housing. The housing provider must do an individualized assessment of all applicants.

9. Violence Against Women Act (“VAWA”)
Potential and current tenants who are victims of domestic violence, dating violence, sexual assault, or stalking cannot be denied tenancy or evicted because of an incident of domestic violence, dating violence, sexual assault, or stalking that is reported and confirmed. 
These protections extend to women, men, and people in same-sex relationships. 
The owner/manager must provide a VAWA notice of rights to tenants at the time a person applies for housing and when an applicant signs a lease agreement. 
The owner/manager must also implement a VAWA lease addendum for all current and new tenants. 

10. Fully Adapted Units
Fully-accessible and adapted, move-in-ready units should be reserved for persons with mobility and/or hearing/visual disabilities.
The owner, developer, and/or managing agent must affirmatively identify sources of referrals and establish linkages with local agencies or groups prior to the initial project rent-up for the ongoing referral of occupants to these units.
The owner, developer, and/or managing agent will maintain a written commitment with a service agency that serves persons with a mobility, hearing and/or vision disability to refer to the project a sufficient number of prospective tenants who require these units.

11. Fair Housing Training
All management and/or sales staff must receive training on federal, New York State, and local fair housing laws.
The Developer, Marketing Consultant, Property Manager and/or Marketing Agent will instruct their employees and agents (orally and in writing) concerning nondiscrimination in housing. These employees and agents will attend workshops on fair housing.
Across the state, FEHO is hosting fair housing trainings for HCR grantees.

12. Outreach Efforts to LLA Populations
LLA Populations are those “Least Likely to Apply”
Once you have identified the groups you need to target, develop an outreach program which includes special measures designed to attract those groups.
The AFHMP must describe development and distribution of advertising materials which are to be produced in English, Spanish and other languages as reflected by the LLA populations. Distribution should include circulation to the organizations and community-based groups serving these populations.
This requires that you identify media outlets and groups that have direct contact with the LLA populations that you are trying to reach.
For each LLA Population, FEHO requires at least three (3) community contacts, and at least one (1) independent living center or other organization that services persons with mobility, hearing and/or vision impairment.
Appropriate community contacts include, but are not limited to, social service agencies, religious bodies, advocacy groups, community centers, and HCR-funded Neighborhood and Rural Preservation Companies.

13. Tenant Selection: Lottery
The initial selection process must be made on a random basis through the use of a lottery - not on a first-come first-served basis.
Lottery notice and applications must be available in English, Spanish and other languages as reflected by the LLA populations, and the application should be posted on the Owner, Developer and/or Managing Agent’s website, as well as the Housing Development-specific website, if applicable.
The lottery should be conducted at a previously announced date and time and at an accessible public/community facility that is reasonably accessible to public transportation. All applicants should be invited and encouraged to attend.
In your description of the lottery, describe the procedure to draw and announce names selected.
The AFHMP must provide for the method of notification of applicants of their lottery status (e.g., mail, , phone, etc.), as well as what will be done with applications of qualified applicants in excess of the number of available units (e.g., put on a waiting list in the order in which names were drawn).

14. Submission Deadline
All AFHMPs should be submitted to the appropriate Underwriter or Project Manager at least 30 days prior to mailing.

15. The New Fillable Form

16. New Fillable Form and Guidelines
Advantages of New Fillable Form:
Poses common questions; and
Allows for a more streamlined and substantive review.
FEHO’s revised guide will assist you in developing, implementing, and assessing your AFHMP. The guide:
Details new policies and procedures; and
Provides instructions on implementing and evaluating your AFHMP.
The Fillable Form and the Affordable Fair Housing Marketing Plan Guide can be found at the link below:

17. Affirmative Fair Housing Marketing Plan – New Fillable Form
Section 1 – Project Identification
Section 2 – Marketing Program & Direction of Marketing Activity
Section 3 – Demographics of Project & Housing Market Area
Section 4 – Special Populations
Section 5 – Community Preference
Section 6 – Tenant Selection Procedures
Section 7 – Accessibility Policies

18. Affirmative Fair Housing Marketing Plan – New Fillable Form
Section 8 – Smoking Policy
Section 9 – Affirmative Fair Housing Marketing Record Keeping
Section 10 – Evaluation of Marketing Activities
Section 11 – Fair Housing Training
Section 12 – Additional Considerations
Section 13 – Attachments
Section 14 – Continued Compliance & Modification of the Affirmative Fair Housing Marketing Plan
Section 15 – Worksheet Exhibits

19. Contact for Further Questions
Fair and Equitable Housing Office
New York State Homes & Community Renewal
38-40 State St., Hampton Plaza, Albany, NY 12207
(518) | |
HFA Portfolio AFHMP Contacts:
Lindsey Counts Dan Cracco
(212) (518)