Affirmative Fair Housing Marketing Plans For USDA Rural Development Multi-family Housing Program (MFH) AHMA/ARHC Conference – Tacoma, WA April 2015

What does AFHMP stand for?

Affirmative Fair Housing Marketing Plan AFHMP

What is an AFHMP ?

A way to develop a plan for marketing to applicants who are least likely to apply.

Why do an AFHMP ?

RD Instruction 1901-E It is the policy of Rural Development to administer its housing programs affirmatively so individuals of similar income levels in the housing market area have housing choices available to them regardless of their race, color, religion, sex, national origin, disability or familial status.

(1901-E cont.) Each participant in a Rural Development housing program shall pursue affirmative fair housing marketing policies in soliciting buyers and tenants, in determining their eligibility, and in concluding sales and rental transactions.

Departmental Regulation 4330-3 It is USDA policy to ensure no person is subject to prohibited discrimination in USDA-conducted programs and activities based on race, color, national origin, gender, religion, age, disability, marital status, familial status, sexual orientation, or because all or part of an individual’s income is derived from any public assistance source.

Who Must Submit a Plan ? Borrowers with housing projects that have four or more rental units must prepare and maintain an AFHMP. The plan must comply with Affirmative Fair Housing Marketing Regulations, 24 CFR Part 108, Part 200 Subpart M. Multi-Family Housing Rental Projects

How often must an AFHMP be submitted for review/approval?

For existing borrowers, at least every 3 years, an updated AFHMP must be submitted to RD for review/approval, along with all the required attachments, however more frequently if local conditions or project demographics significantly change.

The Fair Housing Poster must be prominently displayed in all offices, plus laundry or common area in which sale or rental activity takes place (24 CFR 200.620(e)). Respondents should indicate all locations where the Fair Housing Poster will be displayed.

AFHMP Training and instructing employees engaged in the sale or rental of properties in the policy and application of nondiscrimination and fair housing. Displaying in all sales and rental offices the "Fair Housing" poster.

Continued… Posting in a conspicuous position on each property and Rural Development construction site a sign displaying the equal opportunity logo. Undertaking efforts to publicize the availability of housing opportunities to minority persons through the type of media customarily used by the applicant or participant, including minority publications and other minority outlets available in the housing market area.

To whom must an AFHMP be submitted?

USDA Rural Development Your local servicing office, MFH Loan Specialist: * Mt. Vernon (Bonny, Wes, or Sue) * Port Angeles (Trudy) * Olympia (Becki) * Brush Prairie (Joann) * Wenatchee (Carolyn or Eric) * Yakima (Kirsten or Kristina)

CENSUS DATA

Indicate which demographic group(s) in the housing market area is/are least likely to apply for your housing. Minority #’s are based on ‘census data’, not who ‘we’ think are the minority people in a housing market area. Those demographic groups with the ‘lowest’ percentage in a market area, are the least likely to apply for your housing.

Group exercise… The following slides are 2 different examples of demographic charts, to assist you in determining… WHICH GROUPS ARE LEAST LIKELY TO APPLY ??? Based on the following census data…

Methods of Advertising used to market to those least likely to apply.

When you advertise according to your AFHMP, where would you post your signs and why ? Local Paper – Chamber of Commerce Public Library– bulletin board Utility Companies Recreational Department/YMCA- community board Laundry Mat – bulletin board

What are additional places that you post your advertising?

Compliance and Enforcement Plan monitored during compliance review by Rural Development Is the most recent plan posted? Is there evidence of implementation/outreach activities? Is there evidence of advertising? Have community contacts been made? Do the printed materials have the logo? Applicant or participant can file a complaint with USDA/HUD. As we learned earlier today, monitoring your implementation of your AFHMP is part of our compliance review. This is our opportunity to review your outreach. Another method to monitor compliance is when someone files a discrimination complaint against you alleging that you did not implement your AFHMP according to the requirements. I have seen this happen. A complainant will allege discrimination based on a protected class, then add an allegation that the AFHMP was not implemented properly (didn’t post the plan at the office, didn’t conduct outreach to those least likely to apply, didn’t include EHO logo on brochures, etc).

Complaint Process Complaints can come to us from various avenues. Office of Civil Rights RD Civil Rights Staff RD State Office RD Area Office Other agencies

AFHMP Review…

AFHMP Checklist and Instructions USDA/RD Washington Use this checklist as your guide to Completing the AFHMP.

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Common AFHM Plan Mistakes  Incomplete information, i.e.: Form HUD-935.2A not filled out in places or information is incorrect, required attachments are not included  Insufficient research, i.e. all ethnic groups are considered “least likely to apply”  Failure to advertise in places used by people who have been deemed “least likely to apply”  Lack of follow-up with community contacts to ensure the housing opportunities have been advertised  Lack of current staff training on fair housing laws

Non-Discrimination Statement   The Non-Discrimination Statement must be posted in all recipient’s offices who receive Federal financial assistance, as well as on all materials regarding such recipient’s programs. This includes all printed and non-printed material distributed to the public, printed or published notices, statements, or advertisements including any applications, flyers, brochures, deeds, signs, banners, posters, billboards, or other documents used to market available units.

Non-Discrimination Statement The statement is as follows:   This institution is an equal opportunity provider and employer. If you wish to file a Civil Rights program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, found online at http://www.ascr.usda.gov/complaint_filing_cust.html, or at any USDA office, or call (866) 632-9992 to request the form. You may also write a letter containing all of the information requested in the form. Send your completed complaint form or letter to us by mail at U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410, by fax (202) 690-7442 or email at program.intake@usda.gov. If the material is too small to permit the full statement to be included, the material at a minimum includes the statement in print size no smaller than the text that “This institution is an equal opportunity provider and employer.”

QUESTIONS ?

PRESENTED BY: TRUDY TETER BONNY RIGLEY HOUSING SPECIALIST MFH LOAN SPECIALIST USDA RURAL DEVELOPMENT MOUNT VERNON AREA OFFICE TRUDY TETER HOUSING SPECIALIST USDA RURAL DEVELOPMENT PORT ANGELES AREA OFFICE

Please contact your MFH Loan Specialist for additional assistance on AFHMP’s. They will be glad to assist you.