Fair Housing/Equal Opportunity Glenn Misner  September 10, 2015

FHEO  “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.”

FHEO 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.

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

FHEO Applicable Categories  Race  Color  National origin  Religion  Gender  Familial Status  Disability Status  Age  Any other protected categories of persons

FHEO Applicable Laws and Regulations  Several Federal laws protect individuals from discrimination and apply to CDBG funded activities. These include:  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.  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.

FHEO 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).

FHEO 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.

FHEO 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 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 ).

FHEO Applicable Laws and Regulations  States and Local Governments receiving CDBG funds must certify that they will affirmatively further fair housing (24 CFR and 24 CFR Part (a)(1)).

FHEO 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

The New AFFH Rule  Proposed rule change occurred in July of 2013  HUD announced the final rule on July 8, 2015 (Effective 8/17/15)  The new rule replaces the AI with the Assessment of Fair Housing (AFH)  New format and data will be provided by HUD  Designed to be more integrated in the Consolidated Planning Process  Must be submitted to HUD 270 days before the start of the planning year  HUD will not accept the Consolidated Plan without an acceptable AFH

The New AFFH Rule  For purposes of the rule, affirmatively furthering fair housing “means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a program participant’s activities and programs relating to housing and urban development.”

The New AFFH Rule  For purposes of the rule, meaningful actions “means significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.”

FHEO Affirmatively Furthering Fair Housing These objectives mean jurisdictions should take action to:  Analyze and eliminate housing discrimination  Promote fair housing choice for all persons  Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability and national origin  Promote housing that is structurally accessible to, and useable by, all persons, particularly persons with disabilities  Foster compliance with the nondiscrimination provisions of the Fair Housing Act

FHEO State Government Responsibilities  Identifying impediments to fair housing choice  Conducting fair housing planning  Taking actions to overcome the identified impediments  Maintaining records  Assuring that local governments comply with certifications.

FHEO What Has DCA Done to Enhance AFFH Efforts?  FHEO Audit  In process of completing a new Analysis of Impediments (AI)  Hired independent contractor to assist with development of AI  Held several public meetings throughout the state to gather citizen input  Solicited survey input regarding Fair Housing from stakeholders, grantees and general public

FHEO What Has DCA Done to Enhance AFFH Efforts?  Affirmatively Furthering Fair Housing  Develop Department-wide Effective Communication Policy Outlines DCA’s policies to ensure equal access to programs for: Persons who are disabled Provide Reasonable Accommodations Appoint 504/ADA Coordinator Complete “Self-Assessment”

FHEO What Has DCA Done to Enhance AFFH Efforts? Develop Department-wide Effective Communication Policy (Cont.) Outlined DCA’s policies to ensure equal access to programs for: Persons who are disabled Provide alternate formats (where feasible) Enhance outreach efforts Develop grievance procedures (internal and external)

FHEO What Has DCA Done to Enhance AFFH Efforts? Develop Department-wide Effective Communication Policy (Cont.) Limited English Proficient (LEP) persons Develop a Language Access Plan (LAP)  Complete analysis to identify who may need assistance  18 Georgia counties meet the DOJ threshold of 5% of population who speak a language at home other than English as their primary language and speak English “not well” or “not at all” (Spanish).

FHEO September 2014 What Has DCA Done to Enhance AFFH Efforts? Develop Department-wide Effective Communication Policy (Cont.) Limited English Proficient (LEP) persons Require that grantees in those 18 counties provide outreach and public notices in Spanish as well as English Atkinson CountyEvans CountyHall County Clayton CountyGilmer CountyMurray County Cobb CountyGordon CountyPolk County Colquitt CountyGrady CountyTelfair County DeKalb CountyGwinnett CountyTift County Echols CountyHabersham CountyWhitfield County

FHEO Local Government Responsibilities  Develop proposed action to AFFH for state review and approval  Develop complaint procedure  Develop method for documenting efforts to promote and monitor activities  Other requirements may be imposed by state

FHEO What Can Local Governments do to Enhance AFFH Efforts?  Post Fair Housing posters/flyers in public places  Pass resolution supporting Fair Housing  Discuss Fair Housing at Public Hearings  Conduct a Public Information Campaign on Fair Housing  Advertising the availability of housing directly to populations “less likely to apply”  Outreach to advocacy groups  Train elected officials and staff on Fair Housing Laws and the complaint process

FHEO What Can Local Governments do to Enhance AFFH Efforts?  Identify/enlist organizations that provide housing services (housing counseling agencies, etc.)  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

FHEO Complaints/Violations of FHEO  Any and all citizen complaints are reported to HUD Fair Housing/Equal Opportunity (FHEO) for investigation.  Additional information can be obtained in the CDBG Recipient Manual or at HUD

Contact Information Pam Truitt, Grants Consultant Phone: (404) Michael Casper, Compliance Manager Phone: (404) Steed Robinson, Office of Community Development Director Phone: (404) Glenn Misner, Office of Field Services Director Phone: