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New 5.152 provides the definitions that are used for purposes of the AFFH regulation and conforming amendments to existing program regulations. (a)(1)(iii) would be revised to permit the PHA, once it has submitted an Equity Plan pursuant to the submission schedule at 5.160, to rely on its analysis of affordable housing opportunities and the analysis conducted pursuant to 5.154(e) in connection with its Equity Plan, to the extent applicable, for purposes of the PHA's Annual Plan. b. The rule was last amended in August 2022 through a technical correction to reflect a reorganization and change in the name of the FDIC's former Consumer Response Center to the Paragraph (a) would be amended for consistency with the obligation to affirmatively further fair housing and to better clarify a recipient's affirmative marketing obligations. All admission and occupancy policies for public housing and Section 8 tenant-based housing programs must comply with Fair Housing Act requirements and other civil rights laws and regulations and with a PHA's plans to affirmatively further fair housing, including the PHA's Equity Plan developed pursuant to 5.150 through 5.180 of this title. 55. This rule would specifically provide substantial benefits directly to groups protected by the Act by requiring HUD program participants to expand fair housing choice and improve access to opportunity. Fair Housing (B) Compare the demographics and location of the residents of public housing with the demographics and location of the R/ECAP. What additional clarification is needed, if any? for better understanding how a document is structured but (3) The citizen participation plan must provide that hearings be held at times and locations convenient to potential and actual beneficiaries, and accessible to persons with disabilities. HUD does not propose to exempt smaller, public housing-only PHAs from efforts to use a balanced approach or their obligation to affirmatively further fair housing, but it is committed to providing guidance regarding how the AFFH obligation and the balanced approach apply when a public housing-only PHA has limited ability to directly control issues that involve mobility-related goals as discussed in the definition of balanced approach. Urban Institute (September 2021), References to the Equity Plan would be added to paragraphs (a)(1) and (2) of this section. The timeframes for the first Equity Plan in this section are intended to be straightforward and easily discernable so that program participants have certainty as to when their obligation to conduct and submit an Equity Plan is triggered. 2005). The citizen participation plan must set forth how the State will make publicly available the proposed Equity Plan and proposed consolidated plan and give reasonable opportunity to examine each document's content. These tools are designed to help you understand the official document Start Printed Page 8520 TABLE OF CONTENTS PART ONE: OVERVIEW McCargo and Choi, Closing the Gaps: Building Black Wealth through Homeownership, The proposed rule Start Printed Page 8539. 3535(d), 12 U.S.C. The 2015 AFFH Rule replaced the AI process with the AFH process. https://www.whitehouse.gov/briefing-room/presidential-actions/2021/10/19/executive-order-on-white-house-initiative-on-advancing-educational-equity-excellence-and-economic-opportunity-for-black-americans/. In 576.500, paragraph (s)(1)(ii) is revised to read as follows: (ii) Documentation of the actions that the recipient has taken to affirmatively further fair housing pursuant to 5.150 through 5.180 of this title. HUD does recognize that segregation, combined with the legacy of discrimination against protected class groups and longstanding disinvestment in certain neighborhoods, has imposed and continues to impose substantial costs on members of protected classes and society in general by reducing employment, education, and homeownership opportunities as well as the costs associated with reduced health and safety in neighborhoods that have long faced disinvestment and other adverse environmental impacts. 327, Pub. The Equity Plan includes program participants' submission of annual progress evaluations, which will be published on HUD maintained web pages. 817 F.2d at 154; see also This prototype edition of the The requirement for publishing may be met by publishing a summary of each document in one or more newspapers of general circulation, and by making copies of each document available on the internet, on the jurisdiction's official government website and pages on social media, and as well at libraries, government offices, and public places. a complaint coordinator whose primary responsibility is to investigate reports or complaints thoroughly and take the necessary corrective actions quickly. 5304(b); 42 U.S.C. As noted earlier in the preamble, this proposed rule refocuses fair housing planning toward the development of meaningful fair housing goals through the Equity Plan framework, which will make the fair housing planning process simpler, while also improving the likelihood of success for program participants. The consortium is not required to submit a nonhousing Community Development Plan; however, if the consortium includes CDBG entitlement communities, the consolidated plan must include the nonhousing Community Development Plans of the CDBG entitlement community members of the consortium. The Department will also provide robust technical assistance and feedback to program participants during the Equity Plan process. Following the first Equity Plan, for all program participants, subsequent Equity Plans shall be submitted for publication and review 365 days before the date for which a new 3- to 5-year consolidated plan or PHA Plan is due (as applicable). h. Federal Register 64. (4) (c) New 5.160 provides the requirements for the submission of the Equity Plan to HUD, including how program participants may collaborate to submit a joint Equity Plan to HUD, and provides the timeframes for when a program participant's first Equity Plan will be due. (1) v. e.g., i.e., Closing America's Education Funding Gaps, The Century Foundation (July 22, 2020), HUD recognizes that fully remedying a fair housing issue will often take substantial time and occur in incremental steps, spanning multiple funding and Equity Plan cycles. means the analysis described in the Fair Housing Planning Guide (FHPG) originally published by the Department in 1996 or in any subsequent update to the FHPG that HUD may make available. FAIR HOUSING NOTICE HUD did not require the AI to be submitted, though HUD would review AIs in connection with compliance reviews. The current regime, while providing substantial flexibility, lacks a standardized mechanism to promote compliance with the statutory obligation. HUD incorporates by reference the definition of disability under section 504 and the ADA, consistent with the Attorney General's interpretations of that definition, see 28 CFR 35.108, for purposes of the affirmatively furthering fair housing obligation under section 808(e)(5) so as to provide consistency and clarity to HUD program participants, which are all already bound by the same definition under those statutes. 20. HUD has revised these procedures in several ways to allow a fuller review and revision process that ultimately results in compliant Equity Plans and meaningful actions by program participants that implement fair housing goals. WebDiscrimination under the Fair Housing Act (including housing that is privately owned and operated) Discrimination and other civil rights violations in housing and community development programs, including those funded by HUD HUD proposes to increase the review period for submitted plans from 60 to 100 days, providing HUD with more time to work with all program participants to improve their Equity Plans after submission to ensure the Equity Plan meets the regulatory requirements set forth in this proposed rule. HUD review of submitted Equity Plan [10] pregnancy discrimination, disability support animals, and more. d. What other data sources should HUD provide for program participants to better identify the various types of inequity experienced by members of protected class groups that are the subject of the proposed rule's required analysis? (2) HUD notes the robust debate around the term gentrification and its impact on communities in both social science research and among communities themselves, and program participants can also consider such discussions in their review. The documents posted on this site are XML renditions of published Federal HUD welcomes comments on all aspects of the proposal. The questions consist of: (1) demographics; (2) segregation and integration; (3) R/ECAPs; (4) access to community assets; (5) access to affordable housing opportunities; (6) access to homeownership and economic (iii) Program participants must designate, through express written consent, one program participant to serve as the lead entity to oversee the submission of the joint Equity Plan. The AFFH IFR restored relevant definitions from the 2015 AFFH Rule and created a process for program participants to certify to HUD that they will affirmatively further fair housing. Moreover, inequities in real housing choice do not exist solely on race or color lines, but across all the classes the Fair Housing Act protects. Content: Description and prioritization of fair housing issues. 28. Analysis of Impediments to Fair Housing Choice, Assessment of Fair Housing, or other fair housing plan) and submit such plan to HUD for publication and potential review no later than 365 days from [effective date It is unlawful for any property owner, landlord, property manager or other person who sells, rents or leases housing, to discriminate based on certain protected characteristics, which include, but are not limited WebThe California Family Rights Act (CFRA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave to care for their own serious health condition or a family member with a serious health condition, or to bond with a new child. A program participant must incorporate the fair housing goals from its Equity Plan into its consolidated plan or PHA Plan in order to allocate funding for implementation of such goals as strategies and meaningful actions. 21. See24 CFR parts 1 (Title VI) and 8 (Section 504). The new Fair Housing regulation is divided into three sections, Housing and Anti- Discrimination Disclosure Form, Fair Housing Notice and video and audio (b) For purposes of the PHA's 5-Year Plan and Annual Plan, and notwithstanding the requirements set forth at 5.158 of this title for purposes of the Equity Plan's incorporation into such plans pursuant to 5.156 of this title, not later than 45 days before the public hearing is to take place, the PHA must: (c) PHAs shall conduct reasonable outreach activities to encourage broad public participation in the PHA plans. Providing HUD more flexibility to work with program participants to improve a submitted Equity Plan and ensure it meets regulatory requirements. 2276-2707 (1968). This definition provides greater clarity than the definition contained in the 2015 AFFH Rule and the AFFH IFR by expressly stating that the duty to affirmatively further fair housing extends to all of a program participant's activities, services, and programs relating to housing and community development; it extends beyond a program participant's duty to comply with Federal civil rights laws and requires a program participant to take actions, make investments, and achieve outcomes that remedy the pervasive segregation and disparities the Fair Housing Act was designed to redress. (C) Which protected class groups predominantly reside in R/ECAPS? b. By facilitating moves to areas of opportunity on a substantial scale, as well as place-based transformation of existing areas to areas with opportunity, this rule has the capacity to improve the quality of life of many individuals.[34]. Local policies and practices impacting fair housing. v. Additionally, HUD observes that the lack of an explicit administrative process that both permits the public to file complaints and authorizes HUD to investigate and take necessary corrective action has not always permitted program participants to avoid such claims. Segregation by Design: Local Politics and Inequality in American Cities, For HOPWA funds, the State must specify one-year goals for the number of households to be provided housing through the use of HOPWA activities for short-term rent; mortgage and utility assistance payments to prevent homelessness of the individual or family; tenant-based rental assistance; and units provided in housing facilities General. HUD Fair housing and civil rights requirements. 3608. If you need help, there are resources available to you: i.e., Revise the introductory text of paragraph (b)(1); c. Redesignate paragraphs (b)(1)(iv) through (vii) as paragraphs (b)(1)(iii) through (vi), respectively. As HUD has noted in the preceding section discussing the Regulatory Flexibility Act, and in the Background section of this preamble, the obligation to affirmatively further fair housing is imposed by statute directly on local governments, States, insular areas, and PHAs. (c) The PHA must consider the recommendations of the Resident Advisory Board or Boards in preparing the final Equity Plan pursuant to 5.150 through 5.180 of this title, the final Annual Plan, and any significant amendment or modification to the Annual Plan, including based on any revision to an Equity Plan pursuant to 5.164 of this title, and as provided in 903.21. Consolidated plan program participants. As described above, HUD does not intend the complaint process to be used to relitigate decisions made by program participants in the planning process after opportunity for community input and HUD's acceptance of an Equity Plan. This outreach is for purposes of the 5-Year Plan and Annual Plan. as an institution with national jurisdiction, essentially to limit its consideration of desegregative programs . Investigations and compliance reviews. WebNYS HOUSING AND ANTI-DISCRIMINATION NOTICE Rossana Rosado Secretary of State A Division of the New York Department of State Kathy Hochul Governor ALBANY OFFICE: One Commerce Plaza, 99 Washington Avenue, P.O. WebFair Housing Policies Related to Disability: Guidance and Requirements for Owners and Property Management Agents . Individuals who are deaf or hard of hearing and individuals with speech impairments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1-800-877-8339. This rule creates a guided inquiry to enable program participants to engage in fair housing planning that empowers them to advance equity for members of protected class groups and underserved communities in their jurisdictions and set meaningful goals that effectuate positive fair housing outcomes. The summary must describe the content and purpose of the Equity Plan and consolidated plan, and must include a list of the locations where copies of the entire proposed document(s) may be examined. This proposed rule also recognizes that there is a need to take a balanced approach when devising ways to overcome fair housing issues. 5. 19. (1st Cir. The Department is issuing the proposed regulations only on a reasoned determination that their benefits would justify their costs. Citizen participation plan; local governments. Paragraph (l) of this section, which sets forth the program-specific requirements, would be revised to include references to the Equity Plan and the fair housing goals incorporated from the Equity Plan for purposes of how they relate to each program covered by the Action Plan. In connection with a joint Equity Plan, HUD's determination to not accept the Equity Plan with respect to one program participant does not necessarily affect the status of the Equity Plan with respect to another program participant. See 28 CFR part 35, appendix B (addressing 28 CFR 35.130). Certain portions of the analysis required for the development of an Equity Plan may rely on local data, local knowledge, or information obtained through community engagement to supplement HUD-provided data or in lieu of HUD-provided data if HUD is unable to provide data. The proposed rule revises this section to provide that a local government's monitoring of its activities carried out in furtherance of the consolidated plan, must include monitoring of strategies and actions that address the fair housing issues identified in the Equity Plan. To the extent the jurisdiction includes the community engagement requirements for the Equity Plan in its citizen participation plan, the techniques described in this paragraph (a)(2)(iv) that are utilized for purposes of community engagement pursuant to 5.158 of this title shall be consistent with the requirements of that section, including the nondiscrimination requirements described at 5.158(a)(7) of this title. The Fair Housing Rule prohibits FDIC-supervised institutions from engaging in discriminatory advertising involving residential real estate-related transactions. This section of the HOME program regulations which addresses the responsibility of a participating jurisdiction to submit its consolidated plan to HUD is revised to provide that the jurisdiction must also submit its Equity Plan to HUD in accordance with the AFFH regulations in 24 CFR part 5, subpart A. Each fair housing goal will include a description of the fair housing issue it is designed to overcome. How can States encourage broader fair housing strategies at the State level and in localities, and what changes, if any, are needed to the proposed rule that could improve its effectiveness as a tool for States to further fair housing goals? The joint Equity Plan may not proceed until such time as the Responsible Civil Rights Official approves the collaboration. provide legal notice to the public or judicial notice to the courts. All revisions or resubmissions, and any HUD notifications relating to revisions and resubmissions, shall be published on HUD-maintained web pages. cost burdened households. In determining whether a PHA has complied with its certification, HUD will review the PHA's circumstances relevant to the specified deficiencies, including characteristics of the population served by the PHA; characteristics of the PHA's existing housing stock; and decisions, plans, goals, priorities, strategies, and actions of the PHA. daily Federal Register on FederalRegister.gov will remain an unofficial At a minimum, the citizen participation plan shall require the State to make reasonable efforts to provide language assistance to ensure meaningful access to participation by non-English speaking persons in the development of the consolidated plan. census tract, neighborhood, ZIP code, block group, Has HUD adequately incorporated the need to assess any lack of homeownership opportunities for protected class groups in this proposed rule? l. Are there additional ways HUD could incentivize PHAs to collaborate with consolidated plan program participants in conducting an Equity Plan such that they can pool resources and develop broader solutions to fair housing issues? 41. 1437f or 1437g). (2) The term disability as used in this part shall be interpreted consistent with the definition of such term under section 504 of the Rehabilitation Act of 1973, as amended by the ADA Amendments Act of 2008.