Affirmative Fair Housing -
Marketing and Resident
Selection Plan Highlights
May 2014
Fair Housing Framework
2
Classes of Persons Protected
Under Fair Housing Laws
 Race
 Color
 National Origin
 Religion
 Sex
 Disability/Handic...
Key Fair Housing Laws
Key federal statutes:
 Fair Housing Act (Title VIII of the Civil Rights Act of
1968, as amended)
 ...
Disparate Impact
HUD final rule, “Implementation of the Fair Housing
Act’s Discriminatory Effects Standard” (2013) analysi...
Disparate Impact
Examples:
 Municipal plans or zoning bylaws that prioritize 1-
bedroom units or strictly limit number of...
Obligation to Affirmatively
Further Fair Housing
“[AFFH] means taking proactive steps beyond simply
combating discriminati...
http://www.mass.gov/hed/docs/dhcd/legal/comprehensive
permitguidelines.pdf
(section III of Comprehensive Permit guidelines...
AFHMP
AFHMP:
 Must be approved by the subsidizing or funding agency
 Entity and primary individual responsible for imple...
AFHMP
AFHMP Updates:
The Developer and contractor, if any, or other delegated
entity, shall review and update the AFHMP:
...
Affirmative Marketing
11
Marketing Must be Affirmative
 An AFHMP, through its marketing and resident selection,
must attract persons protected und...
Marketing Must be Affirmative
 All marketing should be comparable in terms of
size and the description of the opportunity...
Marketing Must be Affirmative
Required listings of available units with:
 The Boston Fair Housing Commission’s Metrolist,...
Marketing Must Not Be
Discriminatory
 Marketing must comply with state and federal fair
housing laws
 Fair Housing logo ...
Marketing Must Not Be
Discriminatory
Other examples of improper advertising language:
 “Perfect for empty nesters”
 “Gre...
Resident Selection
17
Resident Selection
Fairness in application process:
 Non-discrimination statement
 Reasonable accommodation/modification...
Resident Selection
Fairness in application process:
 The advertisement must indicate that applications can be
requested a...
Resident Selection
 Wait list after the lottery: owner/agent must retain a list of
households who are not awarded a unit,...
Resident Selection
Reopening/remarketing of waiting list in rental multifamily housing:
 Generally, when a wait list, for...
Resident Selection
If the wait list is not closed and marketing is ongoing in order
to generate sufficient applicants:
 P...
Resident Selection
Preferences:
 In no event may a local preference exceed more than 70% of the
affordable units in a Pro...
Resident Selection
Examples of sources for evaluating potential discriminatory
effects and local need:
[Note: combination ...
Resident Selection
 HUD Comprehensive Affordable Housing Strategy (CHAS)
compiled data
(http://www.huduser.org/portal/dat...
Resident Selection
Allowable Preference Categories:
 Current residents
(Households in which one or more members is living...
Resident Selection
Household Size:
 Preference: within an applicant pool first preference shall be
given to households re...
Resident Selection
Accessible and Adaptable units
 First preference (regardless of applicant pool) for persons
with disab...
Resident Selection
Accessible and Adaptable units
 In addition, owners have obligations to make modifications to
units/pr...
Additional Preference or Eligibility
Criteria Considerations
 Other preferences or targeted populations not covered under...
Top 5 Reasons AFHMP is Rejected
1. Local Preference criteria
2. Marketing that does not address limited English
proficienc...
Upcoming SlideShare
Loading in …5
×

IZ Workshop 2014: B1 Affirmative Fair Housing

641 views

Published on

Published in: Real Estate, Business
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total views
641
On SlideShare
0
From Embeds
0
Number of Embeds
3
Actions
Shares
0
Downloads
2
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

IZ Workshop 2014: B1 Affirmative Fair Housing

  1. 1. Affirmative Fair Housing - Marketing and Resident Selection Plan Highlights May 2014
  2. 2. Fair Housing Framework 2
  3. 3. Classes of Persons Protected Under Fair Housing Laws  Race  Color  National Origin  Religion  Sex  Disability/Handicap  Familial Status; Children  Marital Status  Age  Sexual Orientation  Gender Identity  Military Status (veteran or member of the armed forces)  Public Assistance/Housing Subsidy Recipiency  Genetic Information  Ancestry 3
  4. 4. Key Fair Housing Laws Key federal statutes:  Fair Housing Act (Title VIII of the Civil Rights Act of 1968, as amended)  Title VI of the Civil Rights Act of 1964, as amended  Section 504 of the Rehabilitation Act of 1973, as amended  Americans with Disabilities Act of 1990, as amended Key state statutes:  Massachusetts fair housing law (M.G.L. Chapter 151B)  Massachusetts public accommodation law (M.G.L. Chapter 272, section 98)  Massachusetts lead paint law (Chapter 111, section 199A) 4
  5. 5. Disparate Impact HUD final rule, “Implementation of the Fair Housing Act’s Discriminatory Effects Standard” (2013) analysis:  Is it likely that policy or practice will negatively impact on members of a protected class compared to the general population?  Is the policy or practice necessary to achieve substantial, legitimate, non-discriminatory interests?  Is there a less discriminatory alternative that would meet the same interest?
  6. 6. Disparate Impact Examples:  Municipal plans or zoning bylaws that prioritize 1- bedroom units or strictly limit number of bedrooms by unit rather than by development or lot  Single-family or large lot size requirements  Requirements for unlimited local residency preferences in communities with limited racial/ethnic diversity [Note: Langlois v. Abington Housing Authority (D. Mass. 2002) (justification of need for local preference; measures to mitigate impact)]  Plans to fund affordable housing for elders only  Planning or zoning approval processes that mandate or prioritize townhouses 6
  7. 7. Obligation to Affirmatively Further Fair Housing “[AFFH] means taking proactive steps beyond simply combating discrimination to foster more inclusive communities…More specifically, it means taking steps proactively to address significant disparities in access to community assets, to overcome segregated living patterns and support and promote integrated communities, to end racially and ethnically concentrated areas of poverty, and to foster and maintain compliance with civil rights and fair housing laws.” Affirmatively Furthering Fair Housing Proposed Rule July 18, 2013 7
  8. 8. http://www.mass.gov/hed/docs/dhcd/legal/comprehensive permitguidelines.pdf (section III of Comprehensive Permit guidelines); also available at http://www.mass.gov/hed/docs/dhcd/hd/fair/afhmp.pdf DHCD Guidelines: Affirmative Fair Housing Marketing and Resident Selection Plans 8
  9. 9. AFHMP AFHMP:  Must be approved by the subsidizing or funding agency  Entity and primary individual responsible for implementation must have substantial, successful prior experience  Contents:  A description of the affirmative fair marketing and outreach methods that will be used, including marketing timeline  Sample advertisements to be used  List of publications where ads will be placed  Application and informational materials for applicants  A description of eligibility requirements  Lottery and resident selection procedures  A clear description of the preference system to be used and the basis/need for the preference(s)  Fair housing information (i.e., anti-discrimination, reasonable accommodation/modification, and language access statements) 9
  10. 10. AFHMP AFHMP Updates: The Developer and contractor, if any, or other delegated entity, shall review and update the AFHMP:  At least every five years, or  More frequently if relevant demographics change, or as otherwise needed in order to ensure compliance with applicable law and DHCD’s AFHMP guidelines (or successor guidelines) as they are amended 10
  11. 11. Affirmative Marketing 11
  12. 12. Marketing Must be Affirmative  An AFHMP, through its marketing and resident selection, must attract persons protected under fair housing laws that are less likely to apply  Ads must run at least twice over a 60 day period  Ads should be placed in local and regional newspapers, and newspapers that serve minority groups and other protected classes  Notices should also be sent to local fair housing commissions, religious institutions, local and regional housing agencies, local housing authorities, civic groups, lending institutions, social service agencies, and other non-profit organizations 12
  13. 13. Marketing Must be Affirmative  All marketing should be comparable in terms of size and the description of the opportunity available  Marketing should be included in non-English publications based on the prevalence of particular language groups in the regional area 13
  14. 14. Marketing Must be Affirmative Required listings of available units with:  The Boston Fair Housing Commission’s Metrolist, for units located in the Boston Metro Area (Boston-Cambridge-Quincy MSA)  CHAPA’s MassAccess Housing Registry (rental and ownership)  MAHA lottery website 14
  15. 15. Marketing Must Not Be Discriminatory  Marketing must comply with state and federal fair housing laws  Fair Housing logo and slogan (“Equal Housing Opportunity”) should be included in all marketing materials  Advertising must not indicate any preference or limitation, or otherwise discriminate based on protected class status (exception for valid age-restricted housing)  DHCD requirement: local preferences must not be advertised, as they may discourage non-local potential applicants 15
  16. 16. Marketing Must Not Be Discriminatory Other examples of improper advertising language:  “Perfect for empty nesters”  “Great opportunity for young professionals”  “Section 8 vouchers from (named) agency accepted”  “Active lifestyle community” advertising with photos only depicting non-disabled, physically active adults 16
  17. 17. Resident Selection 17
  18. 18. Resident Selection Fairness in application process:  Non-discrimination statement  Reasonable accommodation/modification statement  Language access  Language assistance statement (e.g., This is an important document. Please contact ____________ for free language assistance.”)  Translated applicant materials  Consistency with language access plan 18
  19. 19. Resident Selection Fairness in application process:  The advertisement must indicate that applications can be requested and submitted by mail and include a telephone number for application requests  Applications shall be available at public locations, including one that has some night hours  Informational meeting must be held in the evening or on weekend days in a public accessible location to reach as many potential applicants as possible  Resident selection for affordable units must generally be based on a lottery (and marketed as such) and not based on a “first come, first served” procedure 19
  20. 20. Resident Selection  Wait list after the lottery: owner/agent must retain a list of households who are not awarded a unit, in the order that they were drawn from the general pool  Term of wait list: generally appropriate for up to 1 year; may vary depending on demographic diversity of the list, consistency with regional demographics, and/or if changes to the housing (e.g., changes in tenure, occupancy restrictions, or unit types)  Updating wait list: owner/agent must continually analyze to inform the need to refresh the list through additional affirmative fair marketing over time so that the applicant pool is diverse and representative of the region 20
  21. 21. Resident Selection Reopening/remarketing of waiting list in rental multifamily housing:  Generally, when a wait list, for a project or type of unit, is re- opened or units are remarketed, a minimum application period is required (not <10 business days) in accordance with guidelines  “First-come, first-serve” method of generating waiting list order of new applicants during application period generally not allowed  Random selection or other fair and equitable procedure must generally be utilized, subject to approval of the subsidizing agency 21
  22. 22. Resident Selection If the wait list is not closed and marketing is ongoing in order to generate sufficient applicants:  Procedures still must avoid a disparate impact on persons with disabilities who require a reasonable accommodation with the application process (e.g., additional time to receive, complete and/or submit application)  Application will be date/time stamped prior to being mailed or provided, and upon submission of a complete application, the household shall be placed on the wait list based on the date/time stamp (if submitted within 30 days) 22
  23. 23. Resident Selection Preferences:  In no event may a local preference exceed more than 70% of the affordable units in a Project  If a community wishes to implement a local selection preference, it must demonstrate in the need for the local preference  Key inquiry: does demonstrated need correspond to housing type and eligibility criteria?  The AFHMP should demonstrate what efforts will be taken to prevent discriminatory effects  Race/ethnicity: see, e.g., lottery example in guidelines)  If local employment preference is the only local preference, persons with disabilities and/or 62 or older must be given benefit of preference  Local employment preference should cover all types of local jobs to prevent discriminatory effect (e.g., not exclusive of janitors, cafeteria workers, and other lower earning jobs) 23
  24. 24. Resident Selection Examples of sources for evaluating potential discriminatory effects and local need: [Note: combination of data, including comparative regional data and/or other data may be needed to justify the extent of the local preference in view of regional housing needs]  Wait lists from comparable projects Key inquiry: are local applicants from the wait lists likely to apply for the proposed housing based on factors such as housing type, income eligibility and restrictions, and occupancy restrictions (e.g., based on age or services, etc.) Housing for rent and housing for sale not considered “comparable housing”  U.S. Census data (http://www.factfinder.census.gov ) 24
  25. 25. Resident Selection  HUD Comprehensive Affordable Housing Strategy (CHAS) compiled data (http://www.huduser.org/portal/datasets/cp.html ), which provides data by income level and housing problems (e.g., rent burden); see also data complied for the community’s Consolidated Plan where applicable  Inventory of comparable subsidized or affordable housing in the community and vacancy rates of the housing  Regional (MSA) racial/ethnic minority statistics: http://www.mass.gov/hed/docs/dhcd/hd/fair/percentracial ethicminority.pdf  Applicant pools 25
  26. 26. Resident Selection Allowable Preference Categories:  Current residents (Households in which one or more members is living in the city or town at the time of application. Documentation of residency should be provided, such as rent receipts, utility bills, street listing or voter registration listing  Municipal Employees  Employees of Local Businesses  Households with children attending the locality’s schools, such as METCO students 26
  27. 27. Resident Selection Household Size:  Preference: within an applicant pool first preference shall be given to households requiring the total number of bedrooms in the unit as described in the AFHMP guidelines  Household size shall not exceed, nor may maximum allowable household size be more restrictive than, State Sanitary Code and additional fair housing considerations may apply 27
  28. 28. Resident Selection Accessible and Adaptable units  First preference (regardless of applicant pool) for persons with disabilities who need such units, including single person households  In projects that do not fully accessible units but that have adaptive features, the guidelines do not require the preference to exceed 5% (mobility adaptable) or 2% (sensory adaptable) of the units  When a person with a disability is awaiting an accessible unit and a unit with adaptive features becomes available, owner/management must offer to adapt the unit 28
  29. 29. Resident Selection Accessible and Adaptable units  In addition, owners have obligations to make modifications to units/premises and make other accommodations (e.g., grant request for a first-floor unit ) in accordance with the law See e.g., http://www.mass.gov/ago/consumer-resources/your- rights/civil-rights/disability-rights/fair-housing.html ; http://www.hud.gov/offices/fheo/library/huddojstatement.pdf (FHA only)) 29
  30. 30. Additional Preference or Eligibility Criteria Considerations  Other preferences or targeted populations not covered under the guidelines are either:  Not permitted (e.g., prior local residents, family members of local residents, particular disabilities); or  Require special review depending on the nature of the project (e.g., veterans, artists, displaced households, households in need of services) and whether there is a justifiable nexus between the type of housing offered and the restriction on eligibility 30
  31. 31. Top 5 Reasons AFHMP is Rejected 1. Local Preference criteria 2. Marketing that does not address limited English proficiency 3. Timing of marketing 4. Advertisements • Language: “empty-nesters”, local preference • Access to applications • Lottery 5. Eligibility screening policy • CORI policy • Income and Asset determination 31

×