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Fair Housing Sexual Harassment, Domestic Violence and Other Harassment Issues.

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Presentation on theme: "Fair Housing Sexual Harassment, Domestic Violence and Other Harassment Issues."— Presentation transcript:

1 Fair Housing Sexual Harassment, Domestic Violence and Other Harassment Issues

2 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 1988 - (Fair Housing Act, 42 U.S.C §3601 et seq.)  Violence against Women Reauthorization Act of 2013

3 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 213 - Condominium and Cooperative Housing  Section 232 - 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)

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

5 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

6 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

7 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

8 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.

9 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.

10 References  Fair Housing Act  24 CFR 100  Tenant Selection Plan  24 CFR 5.655 Owner Preferences in Selection for a Project or Unit  24 CFR 880.104, 881.104, 883.105, 884.118, 886.119, 886.318 (Applicability of 24 CFR, part 5, and responsibilities of the owner)  24 CFR 891.410, 891.610, 891.750 (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 5.653 Admission – Income-eligibility and income-targeting  24 CFR 5.601, 5.603 (Occupancy Requirements for Section 8 Project Based Assistance)  Preferences  24 CFR 5.655, 880.602, 881.601, 883.701, 884.214, 886.132, 886.321, 891.230, 891.750 (Owner preferences/requirements in selection for a project or unit)  24 CFR 236.715 Determination of Eligibility  24 CFR 880.612a, 881.601, 883.701, 884.223a, 886.329a (Preference for occupancy by elderly families)

11 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 5.655 Owner Preferences in Selection for a Project or Unit  Rejecting Applicants and Denial of Rental Assistance  24 CFR 880.603, 881.601, 883.701, 884.214, 886.121 and 132, 886.321 and 329, 891.410, 891.610, 891.750 (Tenant selection and admission)  Denial of Assistance to Noncitizens and DHS Appeal Process  24 CFR part 5, subpart E – Restrictions on Assistance to Noncitizens

12 Questions?

13 For More Information: Sadams7943@aol.com 1 – 888 – 833 - 7391


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