THE LATEST ON HUD S AFFIRMATIVELY FURTHERING FAIR HOUSING RULE

Transcription

1 THE LATEST ON HUD S AFFIRMATIVELY FURTHERING FAIR HOUSING RULE Prepared for the 2016 PHADA Commissioner s By: Lisa L. Walker HDLI CEO/General Counsel January 2016 Copyright 2015 Housing and Development Law Institute. All rights reserved. 630 Eye Street, N.W., Washington, DC ; Phone: (202) ; Fax: (202) ; hdli@hdli.org

2 BIOGRAPHY OF LISA L. WALKER HDLI, 630 Eye St., NW, Washington, DC 20001; ( ); (202) (office) Since July 2002 Lisa Walker has been the Executive Director and General Counsel of the Housing and Development Law Institute ( HDLI ), a legal think tank and training organization in the public and affordable housing industry. Ms. Walker designed and implements HDLI s successful interactive fair housing training program, directed toward the unique job responsibilities and challenges of public housing and redevelopment agencies, their management companies, and development partners. She has trained more than 3,600 front-line, maintenance, managerial, executive, and legal staff of housing agencies and developers of all sizes, including The CT Group, (D.C.), Dwayne Henson Investments, Inc. (TX), KG Residential, LLC (TX), HFI Management Company (TX), LBK Limited (TX), Houston Housing Authority (TX), Dallas Housing Authority (TX), Fort Worth Housing Authority (TX), Abilene Housing Authority (TX), Candletree Apartments (TX), Denton Housing Authority (TX), Integrated Housing Solutions LLC (TX), Monarch Properties (TX), Orion Residential Properties (TX), Overton Park Townhomes (TX), Pace Realty (TX), Tarrant County Housing Assistance (TX), Seattle Housing Authority (WA), Housing Authority of the City of Los Angeles (CA), Los Angeles County Community Development Commission (CA), Housing Authority of the County of Ventura (CA), Housing Authority of the City of Ventura (CA), and Housing Authority of the City of Oxnard (CA), Orlando Housing Authority (FL), Tampa Housing Authority (FL), Sanford Housing Authority (FL), Pinellas County Housing Authority (FL), Owensboro Housing Authority (KY), Bowling Green Housing Authority (KY), Beaver Dam Housing Authority (KY), Housing Authority of Henderson (KY), Housing Authority of Madisonville (KY), Charleston Housing Authority (SC), Newark Housing Authority (NJ), NorthBend/Coos/Curry Counties Housing Authority (OR), Henry County Housing Authority (IL), Richland County Housing Authority (IL),, St. Mary s County Housing Authority (MD), Harrisburg Housing Authority (PA), Public Housing Association Directors Association (PHADA-nationwide), Pacific Northwest Regional Council, and states of Michigan (MI), Indiana (IN), and Nebraska (NE) affiliates of the National Association of Housing and Redevelopment Officials (NAHRO). Ms. Walker also has a broad knowledge of federally-assisted public and affordable housing programs, applicable federal regulations (such as those implemented by HUD and the Justice Department), and the fair housing obligations implicit therein. HDLI is certified as a fair housing trainer by the Texas Department of Housing and Community Affairs (TDHCA). Prior to joining HDLI, Ms. Walker was a partner at Whiteford, Taylor & Preston, L.L.P, a large regional law firm servicing the Washington, D.C.-Maryland-Virginia corridor. As a commercial litigator, Ms. Walker handled the business disputes of corporations, partnerships, organizations, and individuals in the areas of contracts, employment, torts, intellectual property, and product liability, among other areas. Developing a particular interest in and knowledge of fair housing issues, Ms. Walker actively represented the Housing Authority of Baltimore City and City of Baltimore in Thompson v. HUD, major federal public housing reform litigation, and with respect to a wide variety of fair housing issues. Ms. Walker is licensed to practice law before the United States Supreme Court, the federal Fourth and Fifth Circuit Courts of Appeals, and the state and federal courts of Maryland and the District of Columbia. Ms. Walker holds a Bachelor of Science degree in Finance from the University of Maryland, College Park, where she received a four-year academic scholarship from the university. She holds a Juris Doctor from the University of Maryland School of Law, where she received a three-year academic fellowship and was a member of the competitive Moot Court Board. She has been active in local and national bar associations, on nonprofit boards of directors, as well as a number of other service and civic organizations. Ms. Walker serves as pro bono counsel to the Miss Black U.S.A. Pageant & Scholarship Foundation, Inc. She also is a frequent speaker, trainer, and presenter at industry meetings across the country.

3 Today s Overview: 1 Background HUD s Final Rule & Regs Assessment of Fair Housing & AFH Tools Some AFFH Suggestions BACKGROUND January

4 AFFIRMATIVELY FURTHER FAIR HOUSING Who Has a Duty to AFFH? Every recipient of federal funds has an affirmative obligation (meaning recipients must do something) to furtherfairhousingprinciples. Local governments and states that receive Community Development Block Grants (CDBG), HOME Investment Partnerships (HOME), Emergency Solutions Grants (ESG), and Housing Opportunities for Persons With AIDS (HOPWA), as well as public housing agencies (PHAs) are required to affirmatively further the purposes of the Fair Housing Act. DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING ALREADY EXISTED... Executive Order 12892, titled Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing 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. Section 808(e)(5) of the Fair Housing Act requires that HUD programs and activities be administered in a manner affirmatively furthering the policies of the Fair Housing Act. Section 104(b)(2) of the Housing and Community Development Act (HCD Act) requires that, to receive a grant, the state or local government must certify that it will affirmatively further fair housing. DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING ALREADY EXISTED... The Cranston-Gonzalez National Affordable Housing Act (NAHA) provides that states and local governments that receive certain grants from HUD must develop a comprehensive 5-year housing affordability strategy and that these program participants certify that they will affirmatively further fair housing. The Quality Housing and Work Responsibility Act of 1998 (QHWRA) substantially modified the United States Housing Act of 1937 (1937 Act), and the 1937 Act was more recently amended by the Housing and Economic Recovery Act of 2008 (HERA). QHWRA introduced formal planning processes for PHAs a 5-Year Plan and an Annual Plan. The required contents of the Annual Plan included a certification by the PHA that the PHA will, among other things, affirmatively further fair housing. January

5 DUTY TO AFFIRMATIVELY FURTHER FAIR HOUSING The HUD Regulation - 24 CFR 903.7(o) (o) Civil rights certification. (1) The PHA must certify that it will carry out its plan in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d- 2000d-4), the Fair Housing Act (42 U.S.C ), section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), and title II of the Americans with Disabilities Act of 1990 (42 U.S.C et seq.). The PHA also must certify that it will affirmatively further fair housing. (2) The certification is applicable to both the 5-Year Plan and the Annual Plan. (3) A PHA shall be considered in compliance with the certification requirement to affirmatively further fair housing if the PHA fulfills the requirements of 903.2(b) and: (i) Examines its programs or proposed programs; (ii) Identifies any impediments to fair housing choice within those programs; (iii) Addresses those impediments in a reasonable fashion in view of the resources available; (iv) Works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and (v) Maintains records reflecting these analyses and actions. January

6 What Are You Certifying? 1. That you will conduct/have conducted an analysis to identify impediments to FH choice within your jurisdiction, using: Census data School data Surveys Other data What is an Analysis of Impediments? An extensive review of a State or Entitlement jurisdiction's laws, regulations, and administrative policies, procedures, and practices; An assessment of how those laws affect the location, availability, and accessibility of housing; An evaluation of conditions, both public and private, affecting fair housing choice for all protected classes; and An assessment of the availability of affordable, accessible housing in a range of unit sizes. ousing_equal_opp/promotingfh What Are You Certifying? 2. That you will develop an action plan and take appropriate actions to overcome the effects of any impediments: Steps to eliminate housing segregation Steps to eliminate housing desegregation Steps to provide opportunities for racially and ethnically inclusive patterns of housing occupancy Steps to promote fair housing opportunities Steps which foster voluntary compliance with FH laws January

7 What Are You Certifying? 3. That you will maintain records reflecting the analysis and actions in this regard. 1. ENSURE STAFF DEVELOPS AFFH POLICIES, PROCEDURES, & FORMS STAFF SHOULD: Identify an AFFH coordinator with sufficient authority and autonomy Do appropriate research and planning. Consider collaborating with other PHA/governmental unit/legal services Develop an AFFH policy for board approval. Develop and implement an Assessment of Fair Housing (AFH) plan. Develop detailed procedures and forms for staff direction Ensure staff is adequately trained and periodically refreshed Maintain a repository of documentation of AFFH efforts January

8 2. PASS A RESOLUTION ADOPTING AFFH POLICY RESOLUTION (Adopted by the Board of Commissioners on ) The Board of Commissioners of hereby adopts the attached policy in order to affirmatively further Fair Housing. The Housing Authority will ensure that the Housing Authority s policies, procedures, and use of its resources affirmatively further fair housing to the best of the Housing Authority s ability. 3. ENSURE AFFH POLICY IS REFRESHED IN 5 YRS Subsequent AFFH plans are due every 5 years. Is the collaboration working? Have demographics changed? Have policies worked or not? Are the procedures and forms workable? Has the PHA collected sufficient documentation of its efforts to AFFH? Have there been any challenges? January

9 AFFH RULE On July 16, 2015, HUD issued a notice in the federal register with new regulations on the duty to AFFH - 80 FR (7/16/15). Became effective on 8/17/15. The AFFH rule sets out a framework for local governments, States, and public housing agencies (PHAs) to take meaningful actions to overcome historic patterns of segregation, promote fair housing choice, and foster inclusive communities that are free from discrimination. Source: HUD s Final Rule on AFFH, accessible at AFFH RULE Why Did We Need the AFFH Rule? Because a 2010 GAO report was very critical of HUD s enforcement of current requirements to AFFH. Obama Administration tough on fair housing violations. Source: U.S. Government Accountability Office (GAO), HUD Needs to Enhance Its Requirements and Oversight of Jurisdictions Fair Housing Plans, GAO , Sept. 14, 2010, accessible at AFFH RULE What Does it Require PHAs Do? 1. Complete an Assessment of Fair Housing (AFH) every five years no longer an annual requirement (staggered schedule - 1 st due March 2017 January 2019) 2. Do your own AFH or Collaborate A. With other PHAs B. With your state/county/city Youhavetotakeallornothing 3. Use HUD s Data Tools A. Narrative Assessment Tool B. Data Maps C. Data Tables January

10 AFFH RULE What Does it Require PHAs Do? You must certify that your individual Assessment of Fair Housing (AFH) is consistent with your local government s or state agency s consolidated plan. Source: HUD s Final Rule on AFFH, accessible at AFFH RULE What Does it Require PHAs Do? Your AFH must consider all federal and local protected classes + economic status/poverty, as an additional protected characteristic. **Concentrated areas of poverty** Source: HUD s Final Rule on AFFH, accessible at January

11 DEFINITION OF AFFH AFFH 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. Source: HUD s Final Rule on AFFH, accessible at AFFH PLANNING TECHNICAL TRAINING HUD will be providing free technical training on AFFH in the future. The National Community Reinvestment Coalition (NCRC) has the HUD FHEO national contract to offer technical assistance on how to comply with AAFH. NCRC website accessible at: January

12 The Assessment of Fair Housing (AFH) What is the Assessment of Fair Housing (AFH)? PHAs and other program participants use local data and local knowledge that meets certain criteria, as well as HUD-provided maps and tables, to assess whether and the extent to which there are obstacles to fair housing in your jurisdiction and region. The Assessment of Fair Housing (AFH) Under the AFFH rule, the AFH will replace the current Analysis of Impediments (AI) process. The Instructions are near the end of the Assessment Tool (page 28). Source: HUD s Final Rule on AFFH, accessible at The Assessment of Fair Housing (AFH) Until it s time to file the AFH, you must continue to conduct an Analysis of Impediments (AI). 24 CFR 5.151, 5.160(a)(3) (Submission requirements) January

13 The Assessment of Fair Housing (AFH) Who has to do an AFH? Public Housing Agencies (PHAs) and HUD grantees that complete a Consolidated Plan for HUD s CPD block grant programs. Source: HUD s Final Rule on AFFH, accessible at The Assessment of Fair Housing (AFH) HUD says that program participants have flexibility in setting goals and priorities relating to fair housing concerns so long as those goals are designed, and are consistent with, the analysis of data and local knowledge and the obligation to affirmatively further fair housing and other fair housing and civil rights requirements. Source: HUD s Final Rule on AFFH, accessible at The Assessment of Fair Housing (AFH) HUD says that local data and local knowledge can be particularly helpful when the program participant has local data that are more up-to-date or more accurate than the HUD-provided data or when the HUDprovided data do not cover all of the protected classes that would be relevant to the program participant s analysis. Source: HUD s Final Rule on AFFH, accessible at January

14 The Assessment of Fair Housing (AFH) HUD is only able to provide data for those protected class groups for which nationally uniform data are available. For this reason, some Tool questions focus on specific protected classes based on the availability of such data. For those questions, local data and local knowledge may provide information to supplement the analysis for protected classes not covered by the HUDprovided data. AFFH PLANNING The AFH must be incorporated into subsequent consolidated plans and PHA Plans in a manner that connects housing and community development policy and investment planning with meaningful actions to AFFH. The AFFH rule links existing community participation and consultation requirements to the AFH process to ensure program participants give the public opportunities for involvement in the development of the AFH and in its incorporation into the consolidated plan and PHA plan. The Assessment of Fair Housing (AFH) When is the first AFH due? (D) For PHAs, except for qualified PHAs, the PHA s fiscal year that begins on or after January 1, 2018 for which a new 5-year plan is due, as provided in 24 CFR 903.5; and (E) For qualified PHAs, the PHA s fiscal year that begins on or after January 1, 2019 for which a new 5-year plan is due, as provided in 24 CFR CFR 5.160(a) (Submission requirements) January

15 The Assessment of Fair Housing (AFH) When are subsequent AFHs due? (d) Frequency. All program participants shall submit an AFH no less frequently than once every 5 years, or at such time agreed upon in writing by HUD and the program participant, in order to coordinate the AFH submission with time frames used for consolidated plans, participation in a regional AFH, cooperation agreements, PHA Plans, or other plans. (See 24 CFR 91.15(b)(2) and ) 24 CFR 5.160(d) (Submission requirements) The Assessment of Fair Housing (AFH) Collaboration (c) Collaborative AFHs. All collaborative program participants, whether joint participants or regionally collaborating participants, will select a lead entity and submit the AFH according to that entity s schedule. There is a major focus on collaboration to create joint/ regional AFHs. This includes sharing resources and addressing fair housing issues from a broader perspective. 24 CFR 5.156(a) January

16 The Assessment of Fair Housing (AFH) Collaboration Collaborating program participants need not be located in contiguous jurisdictions and may cross State boundaries, provided that the collaborating program participants are located within the same Core Based Statistical Area (CBSA), as defined by OMB at the time of submission of the joint or regional AFH. Need to submit a written agreement to HUD. There are procedures for withdrawal from the joint or regional collaboration. 24 CFR 5.156(a) The Assessment of Fair Housing (AFH) Collaboration A joint or regional AFH does not relieve each collaborator from its obligation to analyze and address local and regional fair housing issues and contributing factors that affect housing choice, and to set priorities and goals for its geographic area to overcome the effects of contributing factors and related fair housing issues. 24 CFR January

17 The Assessment of Fair Housing (AFH) Community Participation Members of the community must have an opportunity to provide meaningful input for the AFH. You must respond to community input in the AFH. The Assessment of Fair Housing (AFH) Community Participation The AFH must include: A concise summary of the community participation process, public comments, and efforts made to broaden community participation in the development of the AFH; A summary of the comments, views, and recommendations, received in writing, or orally at public hearings, during the community participation process; and A summary of any comments, views, and recommendations not accepted by the program participant and the reasons for nonacceptance. The Assessment of Fair Housing (AFH) AFH Certification All program participants must certify with each AFH that it will take meaningful actions to further the goals identified in its AFH. Participants will continue to file their certification that they will affirmatively further fair housing, or complete such other certification that HUD may require in accordance with applicable program regulations in effect before August 17, CFR 5.160(e) (Submission requirements) January

18 The Assessment of Fair Housing (AFH) How often do most PHAs have to an Assessment of Fair Housing (AFH)? Every five years. HUD REVIEW OF THE AFH HUD will review the AFH within 60 calendar days after the date of submission. An AFH submission is deemed accepted 61 days after submission unless HUD provides notification on or before that it is not accepted. Non-acceptance notifications will explain the reasons for non-acceptance and how a program participant may remedy deficiencies. January

19 AFH ASSESSMENT TOOL What is the Assessment Tool? A HUD form prompting narrative descriptions about historical (since 1990) and current segregation in your jurisdiction. You must demonstrate your efforts to integrate and reach out to underserved communities pdf AFH ASSESSMENT TOOL The AFH Assessment Tool includes instructions and data provided by HUD and consists of a series of questions designed to help program participants identify fair housing issues pertaining to patterns of integration and segregation; racially and ethnically concentrated areas of poverty; disparities in access to opportunity; and disproportionate housing needs, as well as the contributing factors for those issues pdf January

20 AFH ASSESSMENT TOOL What is the Assessment Tool? Incorporates the use of data maps and tables that HUD is providing pdf AFH ASSESSMENT TOOL There currently are two options under consideration for the Assessment Tool: Option A and Option B. Content is the same. Formatting is different. HUD is seeking public comment on which version to adopt. Both versions require you to answer questions about your past and present efforts to AFFH, including involvement of the community in the process pdf AFH ASSESSMENT TOOL To properly prepare to do the AFH Tool, you will need: Staff person(s) knowledgeable about: AFH Tool requirements & AFFH regulations, in general Data collection, analysis & statistics Computer programming How segregation patterns have evolved in your area since 1990 Your larger jurisdiction s AI collaboration? AFH Tool Response Template to streamline response time January

21 HUD DATA MAPS HUD is providing 16 data maps For each jurisdiction and region Found in Appendix A to the AFH Tool. HUD DATA MAPS Map 1 Race/Ethnicity Current race/ethnicity dot density map for Jurisdiction and Region with R/ECAPs Map 2 Race/Ethnicity Trends Past race/ethnicity dot density map (1990, 2000) Map 3 National Origin Map 4 LEP LEP persons (by top 5 languages) January

22 HUD DATA MAPS Map 5 Subsidized/Assisted Housing and Race/Ethnicity Housing Choice, Public Housing, Project-Based Section 8, Other Multifamily, and LIHTC locations mapped with race/ethnicity dot density map Map 6 Housing Choice Vouchers and Race/Ethnicity HUD DATA MAPS Map 7 Housing Burden and Race/Ethnicity Households experiencing one or more housing burdens Map 8 Housing Burden and National Origin Map 9 Demographics and School Proficiency School Proficiency Index for race/ethnicity, national origin, family status HUD DATA MAPS Map 10 Demographics and Job Proximity Jobs Proximity Index for race/ethnicity, national origin, family status Map 11 Demographics and Labor Market Labor Engagement Index with race/ethnicity, national origin, family status Map 12 Demographics and Transit Transit Proximity Index for race/ethnicity, national origin, family status January

23 HUD DATA MAPS Map 13 Demographics and Poverty Low Poverty Index with race/ethnicity, national origin, family status Map 14 Demographics and Environmental Health Environmental Health Index with race/ethnicity, national origin, family status HUD DATA MAPS Map 15 Disability by Type Dot density map of the population of persons with disabilities by persons with vision, hearing, cognitive, ambulatory, self-care, and independent living difficulties Map 16 Disability by Age Group All persons with disabilities by age range (5-17)(18-64)(65+) January

24 HUD TABLES 17 tables present similar Map data in tabular form. Some data differs. Found in Appendix B to the AFH Tool. HUD TABLES Table 1 Demographics Tabular demographic data for Jurisdiction and Region (including total population, the number and percentage of persons by race/ethnicity, national origin (top 10 populous), LEP (top 10), disability (by disability type), sex, age range (under 18, 18-64, 65-plus), and households with children HUD TABLES Table 2 Demographic Trends Tabular demographic trend data for Jurisdiction and Region for above categories except disability, Table 3 Racial/Ethnic Dissimilarity Table 4 Racial/Ethnic Dissimilarity Trends Table 5 LEP - Tabular data for Jurisdiction and Region for numbers and percentages of LEP persons ( top 10) January

25 HUD TABLES Table 6 R/ECAP Demographics Tabular data for the percentage of racial/ethnic groups, families with children, and national origin groups (top 10) in the Jurisdiction and Region who reside in R/ECAPs Table 7 Public Housing Units - Tabular data for total units by 4 categories of publicly supported housing Public Housing, Project- Based Section 8, Other Multifamily, and the HCV Program - in Jurisdiction HUD TABLES Table 8 Public Housing Unit by Race/Ethnicity Tabular race/ethnicity data for 4 categories of publicly supported Public Housing, Project-Based Section 8, Other Multifamily, and the HCV Program - compared to the Jurisdiction as a whole and to persons earning 30% AMI Table 9 R/ECAP and Non-R/ECAP Demographics by Public Housing Type Tabular data on Publicly Supported Units and R/ECAPs for Jurisdiction HUD TABLES Table 10 Demographics by Public Housing Developments - Development Census tract level demographics by Public Housing, Project-based Section 8, Other Multifamily Table 11 Demographics of Households with Housing Burden- total number and percentage of households experiencing one or more housing burdens by race/ethnicity and family size January

26 HUD TABLES Table 12 Demographics of Households with Severe Housing Burden Table 13 Number of Bedrooms and Presence of Children by Public Housing Type Tabular data on the number of bedrooms for units for 4 categories of publicly supported housing Public Housing, Project-Based Section 8, Other Multifamily, and the HCV Program HUD TABLES Table 14 Community Assets by Race/Ethnicity Tabular data showing opportunity indices for school proficiency, jobs proximity, labor-market engagement, transit, low transit cost, low poverty, and environmental health for Jurisdiction and Region by race/ethnicity and among poor households HUD TABLES Table 15 Disability by Type Tabular data of persons with vision, hearing, cognitive, ambulatory, self-care, and independent living difficulties Table 16 Disability by Age Group Table 17 Disability by Public Housing Type Tabular data on disability and publicly supported housing for Jurisdiction and Region January

27 Contributing Factors Descriptions Contributing Factors Descriptions Appendix C to the AFH Tool are definitions of Contributing Factors Descriptions, such as admissions and occupancy policies and procedures, the availability of affordable units, source of income discrimination, community opposition, etc. January

28 COMPONENTS OF THE AFH ASSESSMENT TOOL A Cover Sheet 1. Submission date: 2. Submitter name: 3. Type of submission (e.g., single program participant, joint submission): 4. Type of program participant(s) (e.g., consolidated plan participant, PHA): Etc pdf January

29 COMPONENTS OF THE AFH ASSESSMENT TOOL Executive Summary 1. Summarize the fair housing issues, significant contributing factors, and goals. Also include an overview of the process and analysis used to reach the goals pdf COMPONENTS OF THE AFH ASSESSMENT TOOL Community Participation Process 1. Describe outreach activities undertaken to encourage community participation in the AFH process. Identify media outlets used and include a description of efforts made to reach the public, including those representing populations that are typically underrepresented in the planning process such as persons who reside in areas identified as R/ECAPs, persons who are limited English proficient, and persons with disabilities pdf COMPONENTS OF THE AFH ASSESSMENT TOOL Community Participation Process cont d 2. How successful were those efforts at eliciting community participation? 3. Summarize all comments obtained in the community participation process. Include a summary of any comments or views not accepted and the reasons why pdf January

30 COMPONENTS OF THE AFH ASSESSMENT TOOL Assessment of Past Goals and Actions 1. Indicate what goals were selected by program participant(s) in recent Analyses of Impediments and Assessments of Fair Housing: a. Discuss what progress has been made toward their achievement; pdf COMPONENTS OF THE AFH ASSESSMENT TOOL Assessment of past Goals and Actions cont d b. Discuss how the experience of program participant(s) with past goals has influenced the selection of current goals. c. Discuss any additional policies, actions, or steps that address fair housing issues pdf COMPONENTS OF THE AFH ASSESSMENT TOOL Analysis A. Demographic Summary 1. Describe demographic patterns in the jurisdiction and region, and describe trends over time (since 1990) pdf January

31 COMPONENTS OF THE AFH ASSESSMENT TOOL B. Fair Housing Issue Analysis 1. Segregation/Integration - 1. Analysis a. Describe and compare segregation levels in the jurisdiction and region. Identify the racial/ethnic groups that experience the highest levels of segregation. b. Explain how these segregation levels have changed over time (since 1990) pdf COMPONENTS OF THE AFH ASSESSMENT TOOL B. Fair Housing Issue Analysis c. Identify areas with relatively high segregation and integration by race/ethnicity, national origin, or LEP group, and indicate the predominant groups living in each area. d. Discuss how patterns of segregation have changed over time (since 1990). e. Discuss whether there are any demographic trends, policies, or practices that could lead to higher segregation in the jurisdiction in the future pdf COMPONENTS OF THE AFH ASSESSMENT TOOL 2. Additional Information a. Beyond the HUD-provided data, provide additional relevant information, if any, about segregation in the jurisdiction and region affecting groups with other protected characteristics. The program participant may also describe other information relevant to its assessment of segregation pdf January

32 HDLI's Recommendations 1. Outreach to housing providers in nonminority and poverty concentrated areas; HDLI's Recommendations 1. Develop an Affirmatively Furthering Fair Housing Policy Statement: Example: It is the policy and intention of the ABC Housing Authority ( AHA ) to affirmatively further fair housing ( AFFH ). Toward that end, AHA will ensure that there is equal housing opportunity for all people, regardless of race, color, national origin, religion, sex, familial status, disability, sexual orientation or gender identity in all of its housing programs. January

33 HDLI's Recommendations 2. Develop Affirmatively Furthering Fair Housing procedures and forms so that staff implements the policy properly and consistently. 3. Develop your AFH, using HUD Tools and local data and knowledge. 4. Develop computer data bases necessary to implement the AFH and keep statistics. HDLI's Recommendations 6. Develop and implement an affirmative marketing plan with outreach strategies to people least likely to apply to your programs as demonstrated by your AFH. NOTE: If your program has a low representation of non-minorities, people with higher income, or other groups, then these groups may be people least likely to apply to your programs and outreach to those groups could be helpful to end the vestiges of segregation. HDLI's Recommendations 7. Identify all of your local resources for performing outreach functions, outside of PHA staff, such as community groups and agencies, elements of city and county governments, colleges and universities; Are there community housing counseling organizations that the PHA can partner with? January

34 HDLI's Recommendations 8. Review your program rules, policies, and procedures to see whether they restrict access to members of protected classes. Review PHA eligibility criteria to determine whether they have the effect of denying participation, services or benefits to members of protected classes Review PHA site selection and tenant assignment criteria to determine whether they have the effect of denying participation, services or benefits to members of protected classes; HDLI's Recommendations 9. Consider assignment policies that prevent voluntary segregation. 10. Develop affordable housing in nonimpacted areas. HDLI's Recommendations 11. Start or improve a mobility counseling program to help housing choice voucher participants find housing in low racially and economically impacted areas. January

35 HDLI's Recommendations 12. Review PHA programs to determine whether reasonable accommodations in policies, practices, and procedures are made when necessary to avoid discrimination. 13. Review where PHA services and programs are provided to determine whether they are administered in an appropriately integrated setting. HDLI's Recommendations 14. Review PHA practices to make sure that the PHA is not steering families: By race, color, ethnicity By familial status By any other protected class HDLI's Recommendations 15. Sponsor fair housing training for staff and tenants 16.Use fair housing disclosure materials logo, poster, brochures, statement, slogan January

36 AFFH RESOURCES AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources HUD s Final Rule on AFFH, 80 FR (7/16/15), accessible at ys/pkg/fr /pdf/ pdf HUD s AFFH website, accessible at /portal/affht_pt2.html January

37 AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources HUD s AFFH Fact Sheet, accessible at /portal/sites/default/files /pdf/affh-fact- Sheet.pdf Assessment of Fair Housing (AFH) Assessment Tool accessible at /publications/pdf/affh- Assessment-Tool pdf AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources HUD s AFFH webpage, accessible at: al/affht_pt.html HUD s Fair Housing Planning Guide available online at: heo/images/fhousing providerg.pdf Fair Housing Toolkit for developers, municipalities and others is available online at: x.org/kp2/cache/documents /68549.pdf AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources cont d: A Practical Guide & Toolkit for Affirmatively Furthering Fair Housing, Missouri Commission on Human Rights is available online at: anrights/forms/affhousing providerracticalguide.pdf HUD s Office of Fair Housing and Equal Opportunity (FHEO) online at: heo/promotingfh.cfm. January

38 AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources cont d: HUD s Office of Affordable Housing s Affirmatively Furthering Fair Housing (page 18) in Fair Housing for HOME Participants available online at: /affordablehousing/library/mod elguides/2005/ pdf September 2, 2004 Memorandum from HUD s Community Planning and Development Office (CPD) available online at: /library/finaljointletter.pdf AFFIRMATIVELY FURTHER FAIR HOUSING AFFH Resources cont d: February 9, 2007 Joint Memorandum from Assistant Secretaries for CPD and FHEO, /promotingfh/fairhousingcdbg.pdf. National Fair Housing Alliance: "Guideline for Evaluating the Analysis of Impediments", rg/linkclick.aspx?fileticket=zg% 2bdm9qWEuc%3d&tabid=3916& mid= AFFIRMATIVELY FURTHER FAIR HOUSING HUD s AFFH Training: National Community Reinvestment Coalition (NCRC), website accessible at: January

39 Sample AIs: Richmond, VA (2015) oadedfiles/housing/info/aip RIL2015.pdf Prince William Co. VA (2014) vernment/dept/housing/do cuments/draft %20Anaylsis%20of%20Imp ediments.pdf Washington, DC (2012) nications.com/ai/dc%20an alysis%20of%20impediments % pdf Commonwealth of Massachusetts, ommunity/planning/fairhousing-and-civil-rightsinformation.html State of California, hrc/rep/fed/ai_web.html Murfreesboro, TN, nications.com/ai/murfreesbo ro_tn_ai_2010.pdf ONLINE HDLI TRAINING OFFERINGS HDLI s Online Fair Housing Training Give Your Staff the Training They Need: Full Course Approx. 7 hours Individual Modules From 20 minutes to 1 hour Staff and Resident Development Courses Trainee takes courses at his or her own pace Assessment tests given throughout to test comprehension Printable training certificates issued at end for those who pass PHA receives final test results ON-SITE HDLI TRAINING OFFERINGS 1. ON-SITE Administrative Review Process Training Public Housing Grievances and Section 8 Reviews (approx. 7 hours) 2. ON-SITE Customized Fair Housing Trainings Basic Fair Housing Training (approx. 4 hours) Advanced Fair Housing Training (approx. 7 hours) Advanced 504 Reasonable Accommodations Training (approx. 4 hours) 3. ON-SITE One Strike Public Housing Evictions & Section 8 Terminations Training (approx. 6 hours) January

40 HDLI CONTACT INFORMATION Lisa L. Walker, Esq. CEO & General Counsel Housing and Development Law Institute 630 Eye St., N.W. Washington, DC Phone: Website: WebStore: January