HUD Requirements for Senior Communities Session 142-D November 3, 2015 Presented by: Kathelene Williams Leslie Tucker Law Firm of Williams & Edelstein, P.C

Agenda* Waiting List Management VAWA Equal Access Regulations Language Assistance Plan Disparate Impact *Remember, we can’t give you legal advice in this program.

Waiting List Management Fair housing issues HUD Occupancy Handbook Requirements – Chapter 4 Must be described in your Tenant Selection Plan When is an applicant added to the waiting list - pre application or application?

Waiting List cont. Steps to remove an applicant from waiting list Responsibilities of applicant to remain on the waiting list Which unit is offered and how is offer communicated? Preferences Documentation of contacts with applicant

Proposed Rule for VAWA 2013 Authorization Act Final rule expected soon Rule to adopt changes to VAWA resulting from 2013 Reauthorization Act Expand VAWA to all subsidized properties and HOME properties RD and LIHTC properties also covered – LIHTC enforcement may require revisions to IRS rules Includes coverage of sexual assault added to domestic violence, dating violence, and stalking 6

VAWA Protects women and men and “affiliated individuals” = household members, family members RD has published Notice 4747 with ET model Requires expanded time to establish eligibility for remaining members of divided households 7

VAWA Notice of occupancy rights under VAWA and certification form – Time application is denied – Time of admission – Notice of termination or eviction Provide notice and certification form in language(s) as required by LEP regs 8

VAWA Remedies 1. Lease bifurcation and removal of household member for criminal activity Must comply with State Landlord Tenant Act and Occupancy Handbook when terminating a resident Landlord Tenant law does not permit “lock outs” even for criminal acts 9

VAWA Remedies cont. Resident will have to rely upon police to prevent abuser from returning by obtaining restraining order Permit victim and other affiliated individual a reasonable time (60 days) to establish eligibility assistance Or another 30 days to find alternative housing Emergency transfer to a different unit or property for a resident who is in imminent danger or if victim of sexual assault on property within 90 days HUD is to develop a model emergency transfer plan

VAWA limitations Housing providers must comply with court orders concerning access to personal property and child custody Can terminate assistance or evict if resident commits violation not premised on domestic violence, etc. but cannot apply a more demanding standard to a victim Example – drug violation If housing provider can demonstrate an actual and imminent threat to other tenants or employees Housing provider should notify victims that status will not be granted repeatedly if victim fails to take reasonable actions to protect herself 11

VAWA - What To Do Now If Section 8 (covered by former regs) change TSP and lease addendum to reflect addition of sexual assault If newly covered, include protections in TSP, prepare to provide notice of VAWA rights and certification at appropriate times in process If RD, follow Notice 4747 Await further instructions of emergency transfer plan If LIHTC (and no HUD or RD subsidy) wait for instructions Do not make it a violation of the lease to call the police to a unit 12

Not a change to FHA March 2012 HUD’s regulations prohibiting discrimination in HUD funded or insured housing based upon marital status, sexual orientation and sexual identity The reg prohibits inquiring about an applicant’s or resident’s sexual orientation or gender identity This regulation impacts only HUD funded and insured housing and not RD funded, market rate or tax credit Similar protection by many State and local FH laws Changes HUD Definition of “family” HUD’s Equal Access Regulations 13

Family includes, but is not limited to, the following, regardless of actual or perceived sexual orientation, gender identity, or marital status: (1)A single person, who may be an elderly person, displaced person, disabled person, near-elderly person, or any other single person; or (2)A group of persons residing together, and such group includes, but is not limited to (a) A family with or without children; (b) an elderly family;(c) A near-elderly family; (d) A disabled family; (e) A displaced family; and (f) The remaining member of a tenant family 14

Changes to Forms, Policies and Documentation These regs may eventually result in changes to application questions and the way information about marital status and gender is recorded It appears you can continue to ask about sex or gender on applications Does not permit modifications due to religious objections by owner These protections should be added to your TSP and applications HUD has not yet required any specific changes to form or applications 15

Do not have different rules for persons based upon marital status or sexual orientation Accept an individual’s self identification of gender Work patiently with other residents to prevent harassment or intimidation If it occurs take immediate action to make it stop Like all changes to social and sexual issues, change and acceptance occurs slowly, but the intent of the regs is to stop discrimination in HUD funded and insured housing against people who are LGBT Responsibilities of Housing Providers 16

Language Assistance Plan Limited English Proficiency regulations require you to produce an LAP FHEO is now asking to see the LAP Will likely be required during CA audit LEP – Person who does not speak English as his primary language and who has a limited ability to read, write, speak or understand English Census tables are titled “speak English less than very well” 17

LEP Requirements 1. Competent oral translations – Provide to all LEP persons – Staff, telephone relay service, volunteers, family members 2. Written document translation Use regs safe harbor = – 5% or 1,000 whichever is less property should translate essential documents – If 5% is triggered by less than 50 people, can use oral translation of written documents 18

LAP Chart Google Limited English Proficiency by county Advance Search Enter S1601 and county Click on first chart – 5 year estimate Example of Gwinnett County (handout) Create your own chart from census data Apply 5% or 1,000 safe harbor test to determine whether you must translate documents 19

US Census Bureau American FactFinder Chart S year estimate for Gwinnett County, GA Percent of language speakers who speak English less than “very well”

Create Chart 1.Use total number of persons in county as basis for your chart 2.Change percentages into numbers for language spoken 3.Change percentage into number for spoken “less than very well” 4.Then change that number into a percentage of total population 5.Compare to safe harbor percentage of 5% or Compare to knowledge of community to determine specific Asian languages since there is no known data source to determine specific languages 7.Update chart periodically as data may change 21

Language Total Persons/ Speakers # Less than “Very Well” % of Population Less than Very Well Spanish 137,492 67, % Asian and Pacific Islands 56,524 32,276 4%

LAP Format 1.Introduction 2.Goals of LAP 3.LEP Persons who need Language Assistance Use chart with census data Experience of property with LEP persons 4.Types of Assistance Needed “I Speak Cards” Handout 23

Two Types of Translations Competent oral translations – Who will perform translations, i.e., staff, contractor – How you ensure translations will be competent Written translation of essential documents – List documents (beware of “free” internet services) – Lease – Always use English Lease as primary document – Application – Notice to contact the property management office – Lease Violation Notices – Lease Termination Notices 24

LAP Format cont. If translating many documents is a financial burden include this information in LAP and describe how you will adjust process to accommodate cost – i.e., only translate most documents as needed Staff Training and Coordination Providing Notice to LEP Persons Monitoring and Updating the LAP – Keep track of contact by LEP persons – Keep track of changes in target data Print it, make sure someone is aware of that your office has a LAP, train staff, and periodically review performance to ensure LAP is being followed 25

Disparate Impact June 2015 Supreme Court decision Theories of proof in a fair housing case – Disparate treatment Similar situation, different protected categories, different outcome Assumed intent of discrimination – Disparate impact Neutral policy No intent to discriminate Significant statistical negative impact on one or more protected category

Disparate Impact cont. Most disparate impact cases filed against mortgage and insurance corporations and cities and counties because of zoning In future there will probably be more cases against property management due to – Criminal history policies – Income requirements

Thanks for Your Attention! Presented by: Kathelene Williams and Leslie Tucker Law Firm of Williams & Edelstein, P.C