HUD Handbooks, Notices and other documents are available to print or view at HUDCLIPS. Remove the word or at the end of paragraph (a)(2); b. Even if the aggregate costs associated with compliance with this rule exceeded the net benefits, the rule would still be justified due to its distributional impacts. For example, technical assistance may include identification of racially or ethnically concentrated areas of poverty (R/ECAPs) in the jurisdiction and demographic information about the R/ECAPs' residents, making it simpler for the program participant to answer the relevant question in the required analysis. [38] 27. See, e.g., HUD believes the addition of the procedures relating to special assurances provide a stronger yet more flexible mechanism for HUD to compel compliance with the requirements of this proposed rule beyond what it could require under the 2015 AFFH Rule. HUD seeks comment on whether it should further clarify the scope of permissible complaints, including by reference to specific examples of subject matter that would or would not be the appropriate basis of a complaint. Paragraph (e) provides the specific content the Equity Plan must contain for PHAs, including the questions to which PHAs must respond. Like those in paragraph (c), the procedures in paragraph (d) are the same procedures that exist under the other Federal civil rights statutes requiring compliance by recipients in connection with the receipt of Federal funds. HUD anticipates that these opportunities for the public to participate in the Equity Plan process will reduce the need to resort to the complaint process. Technical assistance. From these data, program participants should be better able to evaluate their present environment to assess fair housing issues, identify the primary determinants that account for those issues, set forth fair housing priorities and goals, and document these activities. Program participants who collaborate and conduct a joint Equity Plan may benefit from pooling resources to overcome fair housing issues. The assistance need not include the provision of funds to the groups. Prior to HUD's 2015 AFFH Rule, beginning in 1996, HUD required program participants to undertake an Analysis of Impediments to Fair Housing Choice, (AI) which was the mechanism for supporting their AFFH-related certifications. (ii)(A) How have the demographics and location of R/ECAPs changed over time? This does not mean that program participants must be able to report changes that are occurring with statistically significant data. (d) HUD seeks comment on both the benefits of this proposal and concerns with it. If not, in what ways should access to homeownership be further incorporated? In some instances, this resulted in goals that consisted of a program participant merely continuing with actions that would maintain existing conditions rather than advancing equity for members of protected class groups and underserved communities. The Fair Housing Act (or Act) prohibits discrimination in the sale, rental, or financing of dwellings and in other housing-related Are there additional data sources that would assist in facilitating this analysis? HOPWA. 12866, 58 FR 190 (Oct. 4, 1993), 3535(d), 3601-3619, 5301-5315, 11331-11388, 12701-12711, 12741-12756, and 12901-12912. ECOA [12] This outreach is for purposes of the 5-Year Plan and Annual Plan. 484 F.2d 1122 (2d Cir. Information about this document as published in the Federal Register. WebNotice: The Fair Housing Commissions hearings have moved online. In 903.15, the section heading, introductory text of paragraph (a), and paragraphs (b) and (c) are revised to read as follows: (a) WebState of California. Program participants are encouraged to include implementation of fair housing goals from their Equity Plans in subsequent applications to HUD for discretionary funding for purposes of securing additional resources to implement such goals. The Fair Housing Rule prohibits FDIC-supervised institutions from engaging in discriminatory advertising involving residential real estate-related transactions. HUD believes this ability to account for changed circumstances will make program participants more willing to set ambitious, creative goals that may be dependent on certain contingencies, since the goals can be updated if the contingencies are not met. WebHousing Discrimination UNMASKED. In practice, although HUD rejected some program participants' fair housing plans on initial review and required them to be revised and resubmitted, HUD then accepted every resubmitted plan before the program plan was due, and thus never invoked the only available remedy of rejecting a programmatic plan. Section 91.415 is revised to read as follows: Strategies and priority needs must be described in the consolidated plan, in accordance with the provisions of 91.215, for the entire consortium. 2005). I agree to: Provide equal professional service without regard to the race, color, religion, gender affirmed in part without op. (2) Proposed 5.164 sets out the minimum criteria for when an Equity Plan must be revised. The information described in this section applies to both public housing and tenant-based assistance, except where specifically stated otherwise. within 45 days of the date the consolidated plan is submitted to HUD); if a program participant fails to provide such special assurances, HUD will initiate the disapproval of the consolidated plan. For purposes of the requirement in this paragraph (b)(2) as it relates to the PHA's fair housing goals, the PHA may rely on the progress evaluations required for purposes of the Equity Plan, conducted pursuant to 5.152, 5.154(i) and (j), 5.156(d), and 5.160(f) and (i) of this title. In addition to the statutes and court cases emphasizing the requirement of recipients of Federal housing and urban development funds and other Federal funds to affirmatively further fair housing, executive orders have also addressed the importance of complying with this requirement.[8]. Learn More >. It is HUD's intention to allow program participants to spend less time on data analysis and more time on setting meaningful fair housing goals that are based on that data and other information, including conversations with their local community regarding the most effective means of advancing fair housing and equity. This section of the consolidated plan regulations describes the State's monitoring of its activities carried out in furtherance of the consolidated plan. L. 110-289; 42 U.S.C. The citizen participation plan must be in a format accessible to persons with disabilities and shall provide meaningful access to limited English proficient persons as more fully described in paragraphs (a)(4) and (5) of this section. 14. And this segregation is perpetuated by policies that effectively preclude mobility to neighborhoods where opportunity is greater. Paragraph (k)(1) requires the action plan to address the actions that the local government plans to take during the next year to address fair housing issues identified in the Equity Plan. 32. The proposed rule would improve the fair housing planning process by providing greater clarity regarding the steps program participants must undertake to meaningfully affirmatively further fair housing, and at the same time provide better resources for program participants to use in taking such steps, thus increasing AFFH compliance more broadly. This proposed rule creates a more transparent review process, pursuant to which submitted Equity Plans will be posted on HUD's AFFH web page, the public will have the opportunity to comment on submitted plans (as described further below), and HUD will publish its decisions on Equity Plan submissions. The current framework, established by the AFFH IFR, provides program participants with flexibility to choose the method of fair housing planning that they undertake to support their certification. the area where a public housing agency is authorized to operate), the CBSA, and where necessary to identify fair housing issues, includes lower levels of geography such as neighborhoods, ZIP codes, census tracts, block groups, housing developments, or portions thereof, along with locations where vouchers administered by the PHA are or could be utilized, while also including any analysis of circumstances outside the service area that impact fair housing issues within the service area. 1970). Start Printed Page 8545 (7) Each State is required to submit a certification that it will affirmatively further fair housing, which includes engaging in fair housing planning and taking meaningful actions, in accordance with the requirements of 5.150 through 5.180, and that it will take no action that is materially inconsistent with the duty to affirmatively further fair housing throughout the period for which Federal financial assistance is extended. . Fair housing choice Affirmative marketing requirements and procedures also apply to all HOME-funded programs, including, but not limited to, tenant-based rental assistance and downpayment assistance programs. (vii) A fair housing goal to overcome the fair housing issues of segregation and disparities in access to opportunity for individuals with disabilities due to a lack of accessible, affordable housing could include the incorporation of the provision of enhanced accessibility features ( In 570.487, paragraph (b) is revised to read as follows: (b) The proposed rule allows program participants, with HUD's permission, to submit a revised Equity Plan that modifies goals or set new goals if circumstances changed or if the established goals have been accomplished. Paragraph (b) of this section would be revised to require that the PHA's deconcentration and other policies that govern eligibility, selection, and admission be consistent with the PHA's obligation to affirmatively further fair housing and the PHA's Equity Plan. HUD's experience with the implementation of the 2015 AFFH Rule highlighted some areas for improvement, including ways in which the identification of fair housing issues could be streamlined. HUD will advise PHAs by separate notice, sufficiently in advance of the first Annual Plan due date, of the information described in this section that must be part of the first Annual Plan submission, and any additional instructions or directions that may be necessary to prepare and submit the first Annual Plan. 69. Should different program participants have different required regional analyses ( See 28 CFR part 35, appendix B (addressing 28 CFR 35.130). 11063, 27 FR 11527, 3 CFR, 1958-1963 Comp., p. 652; E.O. HUD does not intend this provision to be used by program participants that simply fail to accomplish the fair housing goals they established. HUD believes it will benefit program participants and the Department to have a regular and defined administrative process for its consideration of such complaints. topics, such as general discrimination information, civil rights and teens, Children who move to low-poverty neighborhoods have increased academic achievement, greater long-term chances of success, and less intergenerational poverty. This proposed rule does not establish a HUD definition of gentrification, nor will program participants be required to precisely define the term. To the extent comments or views were received that relate to the incorporation of the Equity Plan pursuant to 5.156 of this title, the jurisdiction shall specifically note how the document was modified in response, and if not, the reasons why. Ultimately, because of this proposed rule's emphasis on outcomes, HUD believes it will be unnecessary for program participants to rely on contractors, consultants, or other experts that may be needed for a heavily data-driven written analysis. Use the PDF linked in the document sidebar for the official electronic format. HUD does not anticipate that questions relying primarily on input from local data and local knowledge, which may be obtained through the community engagement process, should pose any major additional burden. Specific examples include working with a local government to address exclusionary zoning, coordinating with local or State agencies to increase public transportation options, addressing lead contamination or other environmental hazards, ensuring appropriate emergency response coverage, or partnering with an adjacent PHA or other larger PHAs that have HCV programs to increase mobility, including through portability programs. These certifications are made in accordance with applicable program regulations, specifically 24 CFR part 91 for consolidated plan program participants and 24 CFR part 903 for PHAs. The definition also includes that the housing must comply with affordability and habitability requirements. 4. . See Secretary 12 U.S.C. Each jurisdiction is required to submit a certification that they will affirmatively further fair housing which means engaging in fair housing planning and taking meaningful actions, in accordance with the requirements of 5.150 through and 5.180 of this title, and that it will take no action that is materially inconsistent with the duty to affirmatively fair housing throughout the period for which Federal financial assistance is extended. (j) The Fair Housing Act not only prohibits discrimination, but also directs HUD to ensure that the agency and its program participants will proactively take meaningful actions to overcome patterns of segregation, promote fair housing choice, eliminate disparities in housing-related opportunities, and foster inclusive communities that are free from discrimination. Paragraph (c) of this section, which defines what is an abbreviated plan, is revised to provide that the abbreviated plan must describe how the jurisdiction will affirmatively further fair housing by addressing issues identified in an Equity Plan conducted in accordance with 24 CFR 5.154. HUD takes seriously allegations of retaliation and will investigate such claims. \J*f=$FK`ZS^b*!%f=Od3 4 Similar to the amendment to 91.225, the proposed rule would amend paragraph (a)(1) of 91.325 to require the State's certification that it will affirmatively further fair housing and that it will take no action that is materially inconsistent with fair housing and civil rights requirements throughout the period for which Federal financial assistance is extended. Current Wildfire Information: August 20, 2023 | EmergencyInfoBC (v) Describe any differences, based on local data and local knowledge, in the quality of the PHA's housing for residents residing in: (A) R/ECAPs compared to the housing the PHA offers residents residing in other parts of the PHA's service area; and. d. To what extent, if any, should small program participants have modified community engagement requirements, such as requiring fewer in-person meetings and allowing different formats for meetings? (f) 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. It is unlawful for any property owner, landlord, Start Printed Page 8523 website can be viewed by other commenters and interested members of the public. (B) Which, if any, of these geographic areas extend beyond the boundaries of Joint Equity Plans. (903.25), Regulatory Planning and ReviewExecutive Orders 12866 and 13563, 4. 3608. Section 808(d) of the Fair Housing Act requires all executive branch departments and agencies administering housing and urban development programs and activities to administer these programs in a manner that affirmatively furthers fair housing. 19. 3601 et seq. This approach also prevented HUD from engaging in effective oversight of fair housing planning. If HUD does not accept the Equity Plan, in its notification, HUD will inform the program participant in writing of the reasons why HUD has not accepted the Equity Plan and actions the program participant may take to resolve the nonacceptance. pregnancy discrimination, disability support animals, and more. Members of the community are in a unique position to provide the program participant with perspectives on the impact of fair housing issues facing the community. This statement also must describe any PHA admission preferences, and any occupancy policies that pertain to public housing units and housing units assisted under section 8(o) of the 1937 Act, as well as any unit assignment policies for public housing. infrastructure, high performing schools, economic opportunity, etc.) Executive Order 13132 (entitled Federalism) prohibits, to the extent practicable and permitted by law, an agency from promulgating a regulation that has federalism implications and either imposes substantial direct compliance costs on State and local governments and is not required by statute, or preempts State law, unless the relevant requirements of section 6 of the Executive order are met. Are there changes that can be made to this proposed rule that would further incentivize timely and sufficient submissions? The authority citation for part 576 continues to read as follows: Authority: This rule primarily focuses on establishing a regulatory framework by which program participants may more 23. The Fair Housing Act, 2. In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and community development in a manner to affirmatively further the policies of the Fair Housing Act. 3602(k). 53. e.g., . A program participant may prioritize implementation of particular goals over others but must ensure that any prioritization will result in meaningful actions that affirmatively further fair housing. HUD will continue to provide program participants datasets, including maps, and tools that contain at least as much data as is currently provided in the AFFH-T Data & Mapping Tool. In 1999, the United States Supreme Court issued the landmark decision in The citizen participation plan, for purposes of the consolidated plan, must provide residents of the community with reasonable and timely access to local meetings, consistent with accessibility and reasonable accommodation requirements, in accordance with section 504 of the Rehabilitation Act of 1973 and the regulations at 24 CFR part 8; and the Americans with Disabilities Act and the regulations at 28 CFR parts 35 and 36, as applicable. The proposed rule, therefore, provides for program participants to submit an Equity Plan to HUD. In 93.202, paragraph (e) is revised to read as follows: (e) 3601 et seq., prohibits discrimination by direct providers of housing, such as landlords and real estate companies as well as other entities, such as municipalities, banks or other lending institutions and homeowners insurance companies whose discriminatory practices make housing unavailable to Start Printed Page 8560 participants can appropriately and reasonably set. 3535(d), 12 U.S.C. means programs, infrastructure, and facilities that provide opportunity and a desirable environment. e.g., housing development, or portion thereof) relevant to the analysis required by 5.154. This Act, in addition to the Texas Fair Housing Act (www.statutes.legis.state.tx.us), protects your right to rent an apartment, buy a home, obtain a mortgage, or purchase homeowners insurance free from discrimination based Some program participants, working on their own or with technical assistance from HUD, conducted successful fair housing analyses using the Assessment Tool. However, HUD will not grant permission to alter goals if the program participant is simply choosing not to take necessary steps. (3) Special assurances and any submission of an Equity Plan, including HUD's decision to accept or not accept the Equity Plan shall be subject to the publication requirement at 5.154(j). The activities and costs are eligible only if the housing meets the property standards in 93.301, as applicable, upon project completion. Section 91.100 of HUD's consolidated plan regulations would be amended to account for the community engagement process and procedures required for the development of the Equity Plan pursuant to 5.158. e. Are there specific types of technical assistance that HUD can provide to assist program participants in conducting robust community engagement, including how community engagement can inform goal setting, implementation of goals, and progress evaluations? This notice is intended to safeguard the due process rights of recipients and is consistent with regulatory and statutory requirements of the Community Development Block Grant program. )'FG#2tjt2xxlhjtxg'5t17rzaRMM^~-%75u_?igL)y"j^Vh:WMUw=K:4:,`G=RbRRcy.Ltd%9^9~Js9Rx:9!u 8f[!Diib[ey4U+MocPl=]#R5"q#W'J>GM9'qVRQTMCF`RApaIGJi2*&6zRU?GK]WRRp]q58-Z. References to the Equity Plan would be added to paragraphs (a)(1) and (2) of this section. (iv) The jurisdiction should explore alternative public involvement techniques and quantitative ways to measure efforts that encourage citizen participation in a shared vision for change in communities and neighborhoods, and the review of program performance; Section 93.100 requires a grantee to submit a consolidated plan in order to receive HTF grants. Housing At the same time, the proposed rule provides a mechanism for program participants to seek revision of their established goals at these annual checkpoints. Actions it plans to take during the next year to address obstacles to meeting underserved needs, foster and maintain affordable housing, evaluate and reduce lead-based paint hazards, reduce the number of poverty-level families, develop institutional structure, and enhance coordination between public and private housing and social service agencies (see 91.215(a), (b), (i), (j), (k), and (l)). 2 The Act uses the term handicap instead of the term "disability." of various sizes, particularly large families; and. It is unlawful to discriminate based on certain protected Paragraph (j) provides for the publication requirement of the Equity Plan, which HUD will facilitate, in order to increase transparency and allow for program participants and the public to view all Equity Plan submissions and view the Department's decisions regarding such plans. e.g., WebThe Office of Fair Housing and Equal Opportunity (FHEO) enforces the Fair Housing Act and other civil rights authorities that prohibit discrimination in the sale, rental, or financing of dwellings because of race, color, national origin, religion, sex, familial status (families with children under the age of 18) or handicap (disability).
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