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Fair Housing/Equal Opportunity Steed Robinson, Office of Community Development  September 10, 2015.

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Presentation on theme: "Fair Housing/Equal Opportunity Steed Robinson, Office of Community Development  September 10, 2015."— Presentation transcript:

1 Fair Housing/Equal Opportunity Steed Robinson, Office of Community Development  September 10, 2015

2 “The Georgia Department of Community Affairs is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age.”

3 What is Fair Housing/Equal Opportunity?  Ensuring non-discriminatory treatment and equal access to all recipients of federal funds (including CDBG)  Affirmatively Furthering Fair Housing

4 Applicability  Infrastructure improvements  Public Facilities  Neighborhood Revitalization  Economic Development  Down-Payment Assistance  Section 8 Rental Assistance  Any activity receiving federal funds

5 Applicable Categories  Race  Color  National origin  Religion  Sex  Familial Status  Disability Status  Age (relates to employment – Georgia Law)  Any other protected categories of persons

6 Applicable Laws and Regulations  Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits discrimination in housing-related transactions on the above basis as well as familial status and disability.  Section 104(b)(2) of the Housing and Community Development Act of 1974 – requires that each grantee certify that the grant will be administered in conformance with the Fair Housing Act and that the grantee will “affirmatively further fair housing” (AFFH).

7 Applicable Laws and Regulations  Several Federal laws protect individuals from discrimination and apply to CDBG funded activities. These include:  Section 109 of the HCD Act of 1974, Title I - Prohibits discrimination on the basis of race, color, national origin, disability, age, religion, and sex within Community Development Block Grant (CDBG) programs or activities.  Title VI of the Civil Rights Act of 1964 Prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance.

8 Applicable Laws and Regulations  Section 504 of the Rehabilitation Act of 1973 as amended – prohibits discrimination based on disability in any program or activity receiving federal financial assistance.  Title II of the Americans with Disabilities Act of 1990 (ADA) – Prohibits discrimination against persons with disabilities in all services, programs and activities made available by State and local governments.

9 Applicable Laws and Regulations  Architectural Barriers Act of 1968 – requires that buildings constructed or assisted with federal funds be accessible to and usable by handicapped persons.  Section 3 of the Housing and Urban Development Act of 1968 - requires that employment and other economic opportunities arising in connection with housing rehab, construction or other public construction projects shall be given to low- and very low-income persons, to greatest extent feasible (24 CFR Part 135 and 24 CFR 570.487).

10 Applicable Laws and Regulations New AFFH Rule  States and Local Governments receiving CDBG funds must certify that they will affirmatively further fair housing (see new AFFH Rule at 24 CFR Parts 5, 91, 92, 570, 574, 576, 903).

11 Applicable Laws and Regulations Affirmatively Furthering Fair Housing No statutory definition but HUD requires a jurisdiction to:  Conduct analysis to identify impediments to fair housing choice  Take appropriate action to overcome impediments identified  Maintain records to reflect the analysis and actions taken

12 Affirmatively Furthering Fair Housing New HUD Rule, AFFH means taking meaningful actions to:  Combat discrimination  Overcome patterns of segregation  Address disparities in housing needs and access to opportunity

13 Affirmatively Furthering Fair Housing New HUD Rule  Replaces the AI with the AFH  AFH continues to be done at the State level  DCA Recipients have record keeping requirements  No change in DCA checklist at this time

14 What Can Local Governments do to Enhance AFFH Efforts?  Distribute/post fair housing brochures and posters. See HUD’s web site at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housi ng_equal_opp/marketing http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housi ng_equal_opp/marketing  Offer referral services to fair housing advocacy groups that conduct ordinance, regulatory and/or restrictive covenant reviews  Educate code enforcement staff on accessibility requirements for newly constructed facilities  Conduct/sponsor Fair Housing Seminars or other “Housing Fair” type activities

15 What Can Local Governments do to Enhance AFFH Efforts?  Stay informed  DCA’s web page at: http://www.dca.ga.gov/main/FairHousing.asphttp://www.dca.ga.gov/main/FairHousing.asp  HUD Exchange: https://www.hudexchange.info/https://www.hudexchange.info/

16 Complaints/Violations of FHEO  Any and all citizen complaints are reported to HUD Fair Housing/Equal Opportunity (FHEO) for investigation.  Georgia Commission for Equal Opportunity  Additional information can be obtained in the CDBG Recipients’ Manual or at HUD www.hud.govwww.hud.gov

17 Summation  Protected classes  Applies broadly to our activities  Outreach/Access  Complaint process  Documentation  New AFFH Rule

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