© 2008 Nan McKay & Associates

1. © 2008 Nan McKay & Associates Managing Non-Discrimination Emily Wilcox © 2008 Nan McKay & Associates

2. Fair Housing and Reasonable Accommodation

3. We Will Cover… • Resources and Factual Overview of Laws • FHEO Civil Rights Review Documents • Reasonable Accommodation • Case studies • Verification and reporting best practices

4. We Will Cover… • Prohibitions against discrimination affecting Limited English Proficient persons • Violence Against Women Act case study scenarios • Review of select PHA Fair Housing Voluntary Compliance Agreements • Review of recent OIG PHA Audits regarding over housing/live-in aide findings

5. HUD Initiated - 2007 • HUD had 15 Secretary initiated investigations • More than in the past ten years combined. • In FY 2007, HUD awarded 88 FHIP grants of $18.1 million to groups in 37 states and the District of Columbia to conduct fair housing enforcement, education, and outreach activities. • Fair Housing Accessibility FIRST (2003)

6. Home Sweet Home

7. DOJ – Fair Housing • www.usdoj.gov/crt/housing/fairhousing/

8. Home Sweet Home • Department of Justice (DOJ)- Fair Housing Initiative • In 2007, the DOJ conducted a record number of undercover housing discrimination investigations • 30 lawsuits alleging unlawful housing discrimination • Obtained settlements and judgments requiring the payment of over $5 million in monetary damages to victims of discrimination and civil penalties

9. Home Sweet Home • 2/2006 - Operation Home Sweet Home • The initiative was inspired by the plight of large numbers of persons displaced by Hurricane Katrina, many of them minorities, seeking new housing • Fair lending • Access forums

10. The Information Super Highway

11. Google It - WHO • Domestic Violence Service Providers • Breakfast • Fair Housing councils • Lunch • Legal Aid • Snack

12. Google It - WHO • Disability rights organizations • Dinner • Nonprofits/faith based groups who work with particular immigrant communities • Dessert • Nursing homes/rehab centers/mental health institutions • Drink

13. Google It - WHAT • State and Local Fair Housing Law (“human rights commissions”) • Local housing law protections for victims of violence • City, County, State • Read the definitions of words such as “sex,” “sexual orientation,” “source of income”

14. Steal, Cheat and Use • Has your neighbor PHA developed LEP planning (LAP)? • Has your neighbor PHA developed RA forms? • Has your neighbor PHA contacted Legal Aid?

15. Before You Call…

16. Before You Call… • Have a plan • “We Want Your Help” and Education • Have specific questions • DV – How do you take referrals? • Do you work with both men and women? • How can we improve confidentiality/safety for victims at our PHA?

17. After You Meet… • Follow-up with a thank-you (even if there is not going to be a partnership) • Can you “formalize” an agreement? • Learn: What perceptions did the groups have of the PHA? How can those interactions be brought to your Board, Exec Dir? • Trust and accountability with the community

18. Helen Keller

19. Customer Service and Fair Housing Complaints • Can be filed with HUD, state/local human rights commission, state ct, federal ct • HUD has a duty to investigate and respond within 100 days • Actions can be brought against a PHA by an individual, HUD, or DOJ

20. Customer Service - Open To Change • Ask others/Ask yourself: • How can we do better? • You are a business • Approach your work with the nonprofit community on the offensive – don’t wait for a lawsuit!

21. Customer Service • Communication • Respect – nonjudgmental • Consistency • Listening (show that you have heard what has been said) • Can’t control your families – can control a process, expectations, and follow through

22. Customer Service - Language • LANGUAGE MATTERS • People with disabilities are people first • Most respectful approach – not “handicap” • Presume Competence • Presume Ability • Approach working with people with disabilities as people with different abilities

23. Supervisory Goals • Training (reception, maintenance, management) • What to listen for/when do I refer – listening between the lines • Etiquette and support around tough issues such as mental illness and domestic violence • What if I do it wrong?

24. Supervisory Goals - Attitude • How we ask is as important as what we ask • “Program participants know the regulations better than we do.” • Zero tolerance for discrimination (comments, jokes) • ACOP/Admin Plan available

25. Responding to Fair Housing Complaints 1. Is there a history with this participant? 2. What staff are involved? 3. What is it that this participant really wants? 4. Is this really just miscommunication? 5. Be eager to LEARN from complaints

26. WHAT IS DISCRIMINATION?

27. 3 Types of Discrimination • Overt – “No _____________ here.” • Disparate Treatment - Discrimination which occurs when members of a protected class are treated in a different and less favorable manner than others • Disparate Impact - adverse effect on members of a protected class in comparison to majority • Policy may be neutral as written but discriminatory as applied.

28. Even Forest… • Starts the LEP process • http://www.hud.gov/offices/fheo/promotingfh/leptranslated.cfm • Puts reasonable accommodation on applications, forms, notices • Orally explains RA at annual exams • Contacts families about rights under VAWA • Section 504 Coordinator/VAWA coordinator • Physical needs assessment

29. Fair Housing and Equal Opportunity (FHEO) • 24 CFR Part 100 (FHA) and 24 CFR Part 8 (Section 504)

30. Discrimination under the Fair Housing Act • No person shall be subjected to discrimination because of • race, color, religion, sex, handicap, familial status or national origin • in the sale, rental or advertising of dwellings, in the provision of brokerage services in or in the availability of residential real estate-related transactions. 24 CFR 100.5

31. Websites • Domestic Violence/VAWA • www.ndvh.org (365 Days/24 Hours/140 Languages) • 1-800-799-SAFE (7233)/1-800-787-3224 (TTY) • Voluntary Compliance Agreements • http://www.hud.gov./offices/fheo/library/index.cfm • Department of Justice and HUD • http://www.usdoj.gov/crt/housing/jointstatement_ra.htm • Fair Housing • http://www.fairhousing.com/index.cfm • http://www.bazelon.org/issues/housing/infosheets/13livein.htm

32. Websites • Disability • http://www.hud.gov/offices/fheo/disabilities/sect504faq.cfm • Accessibility • http://www.fairhousingfirst.org • http://www.hud.gov/offices/fheo/disabilities/fhefhag.cfm • LEP • http://www.lep.gov/selfassesstool.htm • http://www.hud.gov/offices/fheo/promotingfh/lep-faq.cfm

33. Websites • OIG • http://www.hud.gov/offices/oig/reports/oigstate.cfm • Forms – PH Occup GB • http://www.hud.gov/offices/pih/programs/ph/rhiip/phgb_app8.pdf (RA forms)

34. HUD References • Notice 2002-01-Section 504 and accessibility compliance for people with disabilities • Notice 2003-31- Fair Housing Act of 1988, Section 504, the ADA, Architectural Barriers Act. • Notice 2004-13 - Tracking vouchers for special populations (disability) on Form 50058 • Notice 2005-5 - New Freedom Initiative • 05/17/2004 - HUD and DOJ Joint Statement • PIH Notice 2006-13 - Compliance with the ADA, Section 504, the Architectural Barriers Act of 1963, and the Fair Housing Act

35. HCV Mobility Counseling • PHA has an affirmative duty to help the family find an accessible unit • Current listing of available units • Recruiting landlords • How does PHA attract new HCV owners with accessible units? • Extending voucher time • Transportation • Linkage/Partnership agreements

36. Turnover of Accessible Units and Transfers

37. Turnover of Accessible Units • PHAs shall adopt notification processes to be sure that information about the availability of accessible units reaches people with disabilities • PHAs shall take steps to maximize the utilization of accessible units by eligible individuals whose disability requires the accessibility features of the unit

38. Section 504/24 CFR 8/ Set-Asides in Public Housing • New construction and substantial rehabilitation in PH: • 5 percent of the units (or at least one unit) must be accessible for people with mobility impairments and • 2 percent of the units (or at least one unit) must be accessible for people with hearing or vision impairments.

39. Uniform Federal Accessibility Standards (UFAS) 24 CFR § 8.32 • The applicable accessibility standards for compliance under Section 504 are the Uniform Federal Accessibility Standards (UFAS). • Just because a unit meets the requirements of the Fair Housing Act does NOT mean it is an accessible unit under UFAS and Section 504. • Federally funded properties must meet both the Section 504 and FHA design requirements.

40. Turnover of Accessible Units • When an accessible unit becomes vacant: (1) First, offer the unit to a current occupant who requires the accessibility features of the vacant unit (if the current occupant does not have such accessibility features in their current unit)

41. Turnover of Accessible Units (2) Second, if there is no current resident in the same development who requires the accessible unit, PHA will offer the unit to: • current resident with disabilities residing in another development that requires the accessibility features of the vacant unit

42. Turnover of Accessible Units (3) Third, if there is no current resident who requires the accessibility features of the vacant, accessible unit: • offer the unit to an eligible, qualified applicant with disabilities on the wait list who can benefit from accessible features of the unit

43. Turnover of Accessible Units (4) Fourth, if no eligible resident or applicant with disabilities on wait list who wishes to reside in the accessible unit, offer the unit to an applicant on the wait list who: • does not need the accessible features of the unit

44. Turnover of Accessible Units • When offering an accessible unit to applicants/residents without disabilities: • PHA may require such applicants to agree to move to a non-accessible unit when the accessible unit is needed by a disabled family • At least 30 days notice • At PHA’s expense

45. Transfers • If a resident needs a transfer due to a verified medical condition or for a reasonable accommodation, what priority does that person have on your move/transfer list? • How many move/transfer offers will be given? • Hierarchy of transfers set out in ACOP • Ex. Emergency transfers, priority admin transfers, family composition transfers

46. Section 504/ADA Needs Assessments and Accessibility Plans • Initial issuance of regulations implementing Section 504 at 24 CFR Part 8 in 1988, • PHAs required to conduct needs assessments, transition plans and implementation strategies meeting the needs of applicants and residents with disabilities

47. Needs Assessment - ADA • PHA self-evaluation was required after the passage of the ADA - effective as of Jan 1992. • Many PHAs followed through w/ implementation plans in the 1990s, some did not: • Some PHAs continue to be in noncompliance with fair housing accessibility laws with non-accessible admin offices, PHA office properties, and too few public housing units which are accessible

48. PIH Notice 2006-13 • FHEO will continue to request copies of self-evaluations, needs assessments and transition plans in every compliance review and complaint investigation conducted of a HUD recipient. • To ensure compliance, PHAs are encouraged to conduct self-evaluations yearly with local advocacy groups – updating plan and units

49. Atlanta - Chicago – Seattle – Your Name Here?

50. Voluntary Compliance Agreements VCA Checklist • _________________________________ • _________________________________ • _________________________________ • _________________________________