Our Commitment to Fair Housing Montgomery County, Pennsylvania
HUD Urban County Montgomery County is a recipient of federal Community Development Block Grant (CDBG) and Home Investment Partnership (HOME) funds from the U.S. Department of Housing and Urban Development (HUD). As a condition of receiving federal funds, the county makes a promise to HUD that it will affirmatively further fair housing (AFFH). We take this pledge seriously. As a matter of policy, we strive to undertake our housing and community development activities in a manner that expands fair housing choice.
Affirmatively further fair housing In fulfilling its pledge to AFFH, Montgomery County is obligated to: diligently address the causes and consequences of housing discrimination do more than simply refrain from discrimination limit increases in housing segregation consider the potential outcomes of our policies and procedures in terms of expanding fair housing choice do its best to make sure that residents understand the duties and protections provided by fair housing law
Expanding fair housing choice Making sure that our residents and those expected to reside in the county are fully aware of their rights under the Fair Housing Act Monitoring the activities of landlords and real estate sales agents to make sure that they live up to their responsibilities under the Fair Housing Act Striving to insure that members of the protected classes have a wide variety of accessible and affordable housing choices in various areas of the county
Our fair housing objectives 1. To be an inclusive community where everyone is made to feel welcome 2. To eliminate situations where people feel forced to live in a particular community or neighborhood 3. To promote racially, ethnically and economically diverse communities and integrated living patterns 4. To the maximum extent feasible, insure that buildings and housing units are accessible and visitable by persons with disabilities 5. To assure that housing opportunities are widely known throughout the county, including to people that are least likely to apply for the housing
Measures taken by Montgomery County to AFFH Conducted an Analysis of Impediments to Fair Housing Choice (on MCHCD web-site) Monitors fair housing complaints filed with HUD and the PA Human Rights Commission Allocates HOME funds for affordable rental housing in areas that are not racially or ethnically concentrated Summarizes AFFH accomplishments in a written report to HUD (CAPER) (on MCHCD web-site)
Municipal decision making FHA prohibits the refusal to sell, rent or otherwise make unavailable or deny a dwelling to members of the protected classes otherwise make unavailable or deny has been broadly interpreted by the courts to include municipal decisions such as tax assessments, zoning, and other regulatory functions Local units of government in the county are expected to AFFH
Penalties for failure to AFFH Withhold or restrict federal CDBG and HOME funding Legal action by HUD, the U.S. Department of Justice or private parties Claims for damages and fines Court-ordered expenditures, including opponent s legal fees
Fair housing is the law of the land 42 U.S.C. Sec. 3601 et. seq. Passed by Congress in 1968 Prohibits discrimination in the sale or rental of housing Prohibits discrimination in lending Housing discrimination includes any actions, decisions or omissions that have the effect of restricting housing choice for members of the protected classes
Protected Classes Under the Fair Housing Act, it is illegal to discriminate on the basis of: Race or color National origin Religion Gender Familial status (families with children under the age of 18) Handicap (disability)
Prohibited sale or rental activities Refuse to rent or sell housing Refuse to negotiate for housing Deny a dwelling Set different terms, conditions or privileges for sale or rental of housing Advertise or make any statement that indicates a limitation or preference based on race, color, national origin, religion, sex, familial status or handicap. Provide different housing services or facilities Falsely deny that housing is available for inspection, sale or rental For profit, persuade owners to sell or rent (blockbusting) Deny anyone access to or membership in a facility or service related to the rental or sale of housing Threaten, coerce, intimidate or interfere with anyone exercising their right to fair housing
Prohibited lending activities Refuse to make a mortgage loan Refuse to provide information regarding loans Impose different terms or conditions on a loan, such as different interest rates, points or fees Discriminate in appraising property Refuse to purchase a loan Set different terms or conditions for purchasing a loan
Persons with disabilities Includes physical or mental disabilities that substantially limit one or more major life activities Your landlord may not refuse to let you make reasonable modifications to your dwelling or common areas You must make the modifications at your own expense You must agree to restore the property to its original condition when you move Visually impaired tenants are entitled to keep a service animal
Accessibility requirements for newly constructed residential buildings Applies to all buildings with an elevator or 4 or more units occupied after March 13, 1991 Public and common areas must be accessible Doors and hallways must be wide enough to accommodate a wheelchair Individual units must have: Accessible route in and through the unit Accessible light switches, outlets & thermostats Reinforced bathroom walls for grab bars Kitchens and bathrooms that can be used by persons in wheelchairs These standards apply only to ground floor units in non-elevator buildings with 4 or more units
Protections for families with children Landlords may not discriminate against families in which one or more children under the age of 18 live with: A parent A legal custodian of the child The designee of the parent or custodian Familial status protection applies to pregnant women and anyone securing legal custody of a child under 18 Housing for older adults is exempt from this requirement
What is not protected by the FHA? Marital status Income or source of income Sexual orientation Criminal history Users of illegal substances
Activities excluded under FHA Owner-occupied buildings with up to 4 dwelling units A home rented or sold by the owner, provided that the owner does not own more than 3 homes or use a real estate agent or has not sold a home in the past 24 months A housing development for older adults A housing development operated by an organization or club
Fair housing is everybody s s right and responsibility Take the time to understand the law Be consistent. If you are offering an apartment for rent or selling a home, treat all prospective tenants or buyers the same If you feel that you have been discriminated against in the rental or sale of housing, we will assist you in contacting HUD officials so that you may file a complaint FOR MORE INFO... Contact the Fair Housing Council of Suburban Philadelphia by calling (610) 604-4411 or by e mail at berry@fhcsp.com