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Fair Housing Sexual Harassment, Domestic Violence and Other Harassment Issues
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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
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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)
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Fair Housing Act –Title VIII Prohibits Housing Discrimination on the Basis of: Race Color Religion Sex –including Sexual Harassment National Origin Familial Status Disability
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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
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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
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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
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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.
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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.
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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)
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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
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Questions?
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For More Information: Sadams7943@aol.com 1 – 888 – 833 - 7391
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