HUD Charges Grapevine, Texas Housing Authority with Disability Discrimination

The U.S. Department of Housing and Urban Development (HUD) has charged the Grapevine Housing Authority (“GHA”); Jane Everett, Executive Director of GHA; and Bonnie McHugh, Vice-Chair of the GHA Housing Commission, with discriminating against, and failure to provide a reasonable accommodation for a tenant with a disability. Read the charge.

The Fair Housing Act prohibits discrimination based on disability. This includes prohibiting housing providers from making housing unavailable to persons based on disability. The Act also requires housing providers to make reasonable accommodation when necessary for persons with disabilities to have an equal opportunity to use and enjoy their homes.

Grapevine is located in northeast Tarrant County in the Mid-Cities suburban region between Dallas and Fort Worth and includes a larger portion of Dallas/Fort Worth International Airport than other cities. The population was 50,631 (2020).

HUD’s Charge of Discrimination alleges that the Grapevine Housing Authority, Ms. Everett, and Ms. McHugh terminated the lease of a tenant with diabetes following a medical episode caused by his blood sugar levels. They subsequently denied his reasonable accommodation request and continued eviction proceedings against him even after his doctor had provided evidence that his symptoms were managed following a change in medication and purchase of a medical alert bracelet.

A US Administrative Law Judge will hear HUD’s charge unless any party to the charge elects to have the case heard in federal district court. If a judge finds, after a hearing, that discrimination has occurred, they may award damages to the complainant for his losses as a result of the discrimination. The judge may also order injunctive relief and other equitable relief, to deter further discrimination, as well as payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the federal court hears the case, the judge may also award punitive damages to the complainant.

People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY) or file a complaint here: www.hud.gov/fairhousing/fileacomplaint.

Housing providers and others can learn more about their responsibility to provide reasonable accommodations and reasonable modifications for individuals with disabilities here. More information is available at www.hud.gov/fairhousing.

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Read the March 25, 2024 HUD release.

HUD Charges Luxury Condominium in Puerto Rico with Violating the Accessibility Requirements of the Fair Housing Act

The U.S. Department of Housing and Urban Development (HUD) has charged the architectural firm, the general contractor, and the owners for failing to design and construct Quantum Metrocenter Condominiums (“QMC”) in San Juan, Puerto Rico, in accordance with the accessibility requirements of the Fair Housing Act (“Act”) based upon a complaint started by HUD. HUD has also charged some of them with failing to approve a reasonable accommodation request made by two residents due to the inaccessible design and construction features of QMC. Read the Charge. The Act requires multifamily housing built after March 1991 to have accessible features for people with disabilities. The Act also prohibits discrimination because of disability, including refusing to allow reasonable accommodations that would otherwise permit homeowners with disabilities an equal opportunity to use and enjoy their housing. HUD’s Charge of Discrimination alleges that the charged failed to include accessible building entrances on accessible routes, accessible and usable public and common use areas, usable doors in units, accessible routes in units, accessible thermostats, reinforced walls for grab bars in bathrooms, and usable kitchens and bathrooms for persons with disabilities, especially those in wheelchairs, in the 80-residential unit two-tower buildings. The Charge also alleges they failed to approve a reasonable accommodation request for an accessible parking space, which would have allowed persons with disabilities to have better use of their units and the common area features of QMC, even while continuing to have to endure other inaccessible design and construction features. A US Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination; payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. To assist residential unit owners and professionals, HUD began its Fair Housing Accessibility FIRST (FIRST) initiative to promote compliance with the Fair Housing Act design and construction requirements. The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. Housing providers can learn more about the FIRST program here.  Anyone who believes they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). Housing providers and others can learn more about their responsibility to provide reasonable accommodations for individuals with disabilities here and about accessibility requirements for multifamily housing here. Additional information is available at www.hud.gov/fairhousing. ***** Source: Read the April 5, 2024 HUD press release.

 

HUD Commemorates April as National Fair Housing Month

 

Adrianne Todman, Acting Secretary of the U.S. Department of Housing and Urban Development (HUD), released the following statement in commemoration of Fair Housing Month and the signing of the Fair Housing Act of 1968, which prohibits discrimination on the basis of race, color, national origin, religion, sex (including sexual orientation and gender identity), disability, and familial status. “For more than half a century, the federal government has sought to end discrimination in housing through enforcement of the Fair Housing Act. Under the Biden-Harris Administration, the Department of Housing and Urban Development takes its responsibilities under that law and other civil rights laws very seriously and works diligently to ensure people have full access to housing that meets their needs,” said HUD Acting Secretary Adrianne Todman. “Everyone in this country deserves to live free from discrimination, bias, and danger. This Fair Housing Month, we are recommitting ourselves to the important work of protecting individuals and families across America from harm.” This year’s Fair Housing Month theme, Fair Housing: The ‘Act’ in Action, underscores the Biden-Harris Administration’s commitment to combating discrimination in housing, protecting fair housing rights for all who call America home, and redressing our nation’s past discriminatory policies and practices. "This April, we reflect on the hard-fought battle for fair housing and recommit efforts to eliminate discrimination and disparities in housing across our country” said Demetria L. McCain, Principal Deputy Secretary for Fair Housing and Equal Opportunity. “This month and every month, HUD is taking meaningful action to advance housing justice and protect the rights of all people to live free from discrimination in the homes of their choice, regardless of their race, color, religion, national origin, sex (including sexual orientation or gender identity), disability, or familial status.” Each April, HUD recognizes Fair Housing Month alongside communities, fair housing advocates, and fair housing organizations to underscore the significance of the Fair Housing Act, raise public awareness of fair housing rights and responsibilities, highlight fair housing enforcement efforts, and emphasize the importance of creating diverse and inclusive communities. HUD will commemorate Fair Housing Month with an Opening Ceremony on April 11, 2024, at 2:00 P.M. (EDT), that will showcase HUD’s efforts to advance and protect fair housing rights to ensure that all people have the right to obtain the housing of their choice, free from discrimination. Register to attend the Fair Housing Month Opening Ceremony here. There is no cost to register. For a complete listing of HUD Fair Housing Month events and activities, visit: https://www.hud.gov/FHM. Follow the Office of Fair Housing and Equal Opportunity on Facebook for additional news and updates. People who believe they have experienced discrimination may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay). Housing discrimination complaints may also be filed by going to hud.gov/fairhousing. For additional information including educational materials for residents, housing providers and others, visit https://www.hud.gov/fairhousing.

HUD Launches Website to Combat Source of Income Discrimination for Families Using Housing Vouchers

HUD’s new website details protections against Source of Income (SOI) discrimination for families with Housing Choice Vouchers (HCVs). SOI discrimination is the practice where landlords, owners, and real estate brokers refuse to rent to current or prospective qualified tenants with an HCV or other forms of public assistance. The Source of Income Protections website serves as a “one-stop shop” for HUD stakeholders that summarizes existing materials to explain what SOI discrimination looks like, identifies states and local jurisdictions that prohibit it, and provides resources for people who believe they have experienced this form of discrimination.

“Denying housing to Veterans, families with young children, or people trying to get off the street just because they get help to pay their rent preserves the legacy of discrimination, especially during this affordable housing crisis,” said Secretary Marcia L. Fudge. “Source of Income protections are important for families to thrive regardless of their economic status.”

HUD launches this resource in alignment with the principles laid out in the Biden-Harris Administration’s Blueprint for a Renter’s Bill of Rights, and at a time where lower income families face tremendous challenges finding safe, quality, and affordable housing. Leveraging all its resources, HUD is dedicated to ensuring that families with Housing Choice Vouchers (HCVs) have access to the housing and neighborhoods of their choice.

“There is no reason that those with vouchers should face discriminatory barriers that hinder or halt their housing search. This experience is still all too common for renters, despite having Source of Income protections in many states and jurisdictions. In order to address this issue, it is important to work with stakeholders to eliminate those practices," said Principal Deputy Assistant Secretary for Public and Indian Housing, Richard J. Monocchio. "HUD’s new webpage provides useful information to everyone -- tenants, landlords, housing authorities, and others -- with the ultimate goal of improving tenants' leasing success.”

SOI discrimination can, and often does, include other policies or practices that impact a potential renter’s ability to attain housing using vouchers. In states and jurisdictions covered by existing SOI protections, refusal to accept vouchers and other public assistance to pay rent, or adding additional requirements, can constitute as a form of housing discrimination. Thus, enforcing these protections is a critical component to ensuring people have fair access to the rental market.

“There is growing evidence that state and local laws prohibiting Source of Income discrimination improve voucher utilization rates for public housing authorities and expand housing and neighborhood choices for voucher holders,” said Solomon Greene, Principal Deputy Assistant Secretary for HUD’s Office of Policy Development and Research. “As part of our role at HUD, we believe it is imperative to support evidence-based policies that advance HUD’s mission to create strong, sustainable, inclusive communities and quality affordable homes for all.”

Local and state organizations may enforce illegal SOI discrimination and conduct fair housing testing to root it out. “Fair housing testing is an indispensable investigative tool to root out housing discrimination and FHEO encourages testing activities designed to identify discrimination that violates the Fair Housing Act,” said Demeteria McCain, Principal Deputy Assistant Secretary for the Office of Fair Housing and Equal Opportunity. “As I made clear in my February 2024 memo, Fair Housing Assistance Program (FHAP) recipients may use HUD funds to design source of income discrimination testing projects to detect discrimination that may violate the Fair Housing Act or state or local laws.”ent, all remaining residents who still need to be moved into supported housing will be.

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Read the March 13, 2024 HUD press release.

April is National Fair Housing Month! Opening Ceremony is April 11th.

 

This April, HUD is commemorating the 56th anniversary of the Fair Housing Act, the landmark civil rights law signed by President Lyndon B. Johnson on April 11, 1968, that made discrimination in housing transactions unlawful. The theme of this year’s Fair Housing Month is "Fair Housing: The ‘Act’ in Action."

Please join us virtually on Thursday, April 11, 2024, at 2:00 P.M. (EDT) for this year’s Fair Housing Month Opening Ceremony, hosted by the Office of Fair Housing and Equal Opportunity (FHEO). Please sign up to attend here.

This virtual event will highlight HUD’s progress toward protecting and expanding fair housing rights for all. Our program will include remarks from the Principal Deputy Assistant Secretary for FHEO, Demetria McCain; the Deputy Assistant Secretary for Policy, Legislative Initiatives, and Outreach, Melody Taylor; and the President and CEO of the Lawyers' Committee for Civil Rights Under Law, Damon Hewitt.

For additional information, visit the Fair Housing Month 2024 Website or follow us on X and Facebook. 

FHEO Technical Assistance 

• HUD and FHEO are continuously developing technical assistance materials, resources, and trainings to educate housing consumers and providers on their fair housing rights and responsibilities. You can view all HUD training opportunities here.

During Fair Housing Month 2024, FHEO is highlighting its efforts to provide fair housing education to our stakeholders. Click the links below to view these recently developed technical assistance resources:

• Assistance Animals and Fair Housing: Navigating Reasonable Accommodations Webinar
• Data and Fair Housing Planning: AFFH-T Video Series
• Fair Housing Act’s Familial Status Protections Webinar
• OHC and FHEO Conference - Fair Housing 2021: What Counselors Need to Know
• Preventing Sexual and Other Discriminatory Harassment in Housing
• Respondent’s Obligations Toolkit
• LGBTQIA+ Fair Housing Toolkit

HUD FHEO Talk Talks Series

The FHEO Talk Talks Series provides the Agency with the opportunity to strengthen its partnerships with leading community stakeholders and inform HUD’s mission to ensure fair housing for all.

The series was developed in accordance with President Biden’s Executive Order on Advancing Racial Equity and Support for Underserved Communities through the Federal Government. It covers topics related to fair housing and racial equity and includes discussions with experts, practitioners, leaders, and social justice activists engaged in work relevant to fair housing opportunities. To learn more or view previously recorded episodes of the FHEO Table Talks Series, please visit HUD’s YouTube channel.

HUD proudly remains committed to expanding and protecting fair housing rights for future generations to come. We hope you will join us to make our progress towards achieving housing equity for all who call America home. 

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Source: HUD email, March 19, 2024.

HUD Increases Efforts to Reduce Source of Income Discrimination

HUD recently took an important step forward to protect families with vouchers, authorizing the use of federal Fair Housing Assistance Program (FHAP) funds by state human rights agencies for testing and investigation of source of income discrimination cases. This follows a similar 2021 memo authorizing source of income discrimination testing and investigations at HUD funded fair housing centers.

Specifically, HUD informed organizations and agencies funded under HUD’s Fair Housing Assistance Program (FHAP) that funding can be used to support "source of income testing activities, source of income testing projects that are designed to uncover discrimination that violates the Fair Housing Act or substantially equivalent state or local fair housing laws.

In addition, HUD informed Fair Housing Initiatives Program (FHIP) grantees that FHEO will approve and pay for FHIP testing activities as long as they are designed to identify violations of the Fair Housing Act, whether they be instances of intentional discrimination, discrimination with unjustified discriminatory effects or less discriminatory alternatives, refusals to grant reasonable accommodations for persons with disabilities, or cases where discrimination erodes compliance with the duty to affirmatively further fair housing. Some state and local fair housing laws, which have been deemed by HUD as substantially equivalent to the federal Fair Housing Act, may include “source of income” or the like as a protected class. Testing for discrimination because of someone’s source of income could be funded with FHIP PEI funds because such discrimination can violate the Fair Housing Act.

This memorandum also clarifies that FHAP funds can be used to conduct source of income testing activities to detect discrimination that may violate the Fair Housing Act or substantially equivalent state or local fair housing laws. 

In accordance with 24 C.F.R Part 115, FHAP agencies are permitted to use HUD funds to enforce substantially equivalent local or state laws. FHAP agencies may use FHAP funds to conduct source of income testing as an investigative tool in processing dual-filed complaints. FHAP funds may also support source of income testing activities as part of special enforcement efforts, partnerships initiatives, or other fair housing projects developed by FHAP agencies to enforce state or local fair housing laws. 

HUD said that it is doing this because one specific type of source-of-income discrimination - based on someone’s use of a Housing Choice Voucher (HCV) - remains extremely high. This is important particularly because the HCV program is HUD’s primary program to assist very low-income families, elderly persons, and individuals with disabilities to afford decent, safe, and sanitary housing in the private housing market. Under the law, HCV participants can apply to any housing meeting HCV requirements are not located in subsidized housing projects. In practice, housing providers - especially those with units in low-poverty, well-resourced neighborhoods - often refuse to rent or sell to voucher holders. And because households who use HCVs are disproportionately Black, Hispanic, people with disabilities, families with minor children, and female-headed households, discrimination against voucher holders can violate the Fair Housing Act’s prohibition on discrimination because of protected characteristics, including but not limited to race, color, national origin, sex, disability, and familial status.

HUD regards fair housing testing as a critical investigative tool because it effectively detects hidden disparate treatment in housing practices. However, the Department urges FHAP agencies to not limit their testing and enforcement programs to intentional discrimination. HUD encourages testing activities designed to identify discrimination that violates the Act - through disparate treatment or unjustified discrimination. 

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Read HUD's February 12, 2024 Source of Income Discrimination Memorandum.

Study Finds Families Leaving HUD Assisted Housing Likelier to Become Homeowners

A recently-released study conducted by University of California, Berkeley of family households with children who leave HUD’s public housing and Housing Choice Voucher (HCV) programs found that households with children that left public housing assistance saw improvements in the areas they moved to - a significant decline in their neighborhood poverty rate. Although households that exited the HCV program also experienced decreases in their neighborhood poverty, those decreases were smaller than the decline in neighborhood poverty that households remaining in HCV housing had.

"The exploratory findings suggest that when people move out of public housing, they are generally moving to new neighborhoods that have lower poverty rates than the neighborhood of the public housing. However, for voucher tenants leaving housing assistance, their unassisted units are generally in neighborhoods with a similar poverty rate to the neighborhood where they were receiving assistance. This is consistent with previous research showing public housing neighborhoods mostly to have higher poverty rates than voucher tenant neighborhoods.

The persistence of highly concentrated poverty surrounding public housing units speaks to the need for continued place-based investment in the neighborhoods where public housing projects are located, as well as ensuring that those investments do not lead to the displacement of existing residents. Although emphasis on mobility strategies has increased within HUD’s housing assistance programs, it is not realistic to assume that mobility strategies are feasible for every resident in a disinvested neighborhood, nor is it necessarily preferable for low-income people to move out of neighborhoods where they have long-term cultural connections and social ties.

It was also found that for both public housing and the Housing Choice Voucher program, participation in the HUD’s Family Self-Sufficiency (FSS) program boosted the likelihood of homeownership by approximately 25%. Overall, this research provides valuable insight into how households fare after exiting HUD-assisted housing.

The study examined exited HUD-assisted households with children in 14 U.S. counties, administrative data linked with annual residential address, and tenure data from Infogroup."

Source: HUD Office of Policy Research and Development. Examining the Housing and Neighborhood Trajectories for Former HUD-Assisted Households with Children. Prepared by Alex Ramiller & Carolina Reid, UC Berkeley. March 30, 2023.

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Read the February 22, 2024 HUD User article.

HUD Settles Tennessee Apartment Violations of Americans with Disabilities Act and the Violence Against Women Act

The U.S. Department of Housing and Urban Development (HUD) has entered into a Voluntary Compliance Agreement with HUD-funded Tennessee housing providers Alco Greenbriar Partners LP, Alco Properties, Inc., and Alco Management, Inc., requiring the respondents to pay $50,000 in compensation to the aggrieved parties. The VCA resolves findings of noncompliance related to Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act, as well as findings of noncompliance related to the Violence Against Women Act (VAWA). Read the Agreement, Letter of Findings and the VAWA Memo.

The case began with a limited compliance review initiated by HUD in 2022 regarding Greenbriar Apartments, a 208-unit development in Tennessee. HUD found that the respondents effectively denied multiple reasonable accommodation/modification requests, as well as instances of VAWA noncompliance regarding two households that experienced incidents of sexual assault and/or domestic violence and were not provided the requested VAWA transfers or take any additional action to process the requests.

HUD also found that the respondents were unwilling to transfer residents from one Alco property to another when a vacancy that met the need of the requesting tenant was unavailable at Greenbriar, that 5% of the units were not accessible to individuals with mobility impairments, and 2% more of the units were not accessible to individuals with hearing or vision impairments.

Under the 2023 Agreement resolving the Section 504 findings and VAWA issues, the respondents agreed to: pay $50,000 in monetary compensation for the five aggrieved parties; amend its reasonable accommodation transfer log; revise the transfer policy; revise its VAWA policies; construct or convert 10 UFAS-accessible units, with an additional 4 units for the hearing and visually impaired and accessible common areas; designate a VAWA Coordinator; respond to VAWA-related grievances and transfer requests within 10 days; and attend VAWA training.

Anyone who feels they have experienced discrimination in housing may file a complaint by contacting HUD's Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Federal Relay Service). Housing providers' responsibilities to provide reasonable accommodations and reasonable modifications to individuals with disabilities are available here.

Read the January 25, 2023 HUD release.

HUD Charges Montana Property Manager and Apartment Complex Owner with Retaliation

The U.S. Department of Housing and Urban Development (HUD) announced it is charging an individual property manager and ownership entity in Livingston, Montana, for retaliation against a tenant for their exercise of fair housing rights, retaliatory behavior including coercion, intimidation, threats, or interference in violation of Section 818 of the Fair Housing Act. Read HUD’s Charge. The Fair Housing Act prohibits retaliation for exercising fair housing rights, as well as coercing, intimidating, threatening, or interfering with someone’s exercise of those rights. HUD’s Charge alleges that the property manager and owner of a Livingston, Montana, ten-unit apartment complex retaliated against a tenant after the tenant informed the property manager that his unwanted conduct toward her daughter was inappropriate given the property manager’s position as landlord. After the tenant confronted the property manager, the property manager took several retaliatory actions, including sending multiple threats of eviction, revoking tenancy privileges, and sending harassing text messages, ending in seeking to evict the complainant. The tenant felt forced to leave the unit and seek out alternative, less desirable housing because of the retaliation. A U. S. Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination; injunctive relief and other equitable relief to deter further discrimination and payment of attorney fees; and civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. People who believe they are the victims of housing discrimination should contact HUD at (800) 669-9777 (voice) or (800) 927-9275 (TTY). More information is available at www.hud.gov/fairhousing and www.justice.gov.

You can follow Secretary Fudge on Twitter, Facebook and Instagram. ***** Read the January 23, 2024 HUD release.

HUD Charges Hawaii Condominium Association with Disability Discrimination

The U.S. Department of Housing and Urban Development (HUD) is charging individuals and entities associated with a Kailua-Kona, Hawaii, condominium complex, including the condominium association, employees of the condominium association, the property management company, an employee of the property management company, the condominium unit’s owners, and the owners’ real estate broker with discriminating against a resident because of disability. Read HUD’s Charge. HUD’s Charge of Discrimination alleges that the property’s condominium association and its employees, the property’s management company and its employees, and the condominium unit’s owners and their real estate agent, prevented the resident from using a temporary ramp to safely access his unit, from accessing a parking space that would allow him to load and unload his wheelchair, and from replacing a toilet at the resident’s own expense to allow him complete use of his unit. Because they failed to do so, the resident was often unable to access or use his unit and forced to sleep in his vehicle. Ultimately, their actions resulted in the resident’s decision to revoke his offer to purchase the unit and move out of the unit, which he was renting while the sale was in escrow. A U.S. Administrative Law Judge will hear HUD’s charge unless any party elects to have the case heard in Federal district court. If the Administrative Law Judge finds, after a hearing, that discrimination has occurred, the judge may award damages to the resident for his losses as a result of the discrimination, order injunctive relief and other equitable relief to deter further discrimination, and payment of attorney fees. In addition, the judge may impose civil penalties to vindicate the public interest. If the Federal court hears the case, the Judge may also award punitive damages to the resident. In related news, the Pacific ADA Center recently noted that the U. S. Department of Justice just settled with some Hawaii apartment builders over disability discrimination. The developer and others were accused of not designing and building five multifamily housing complexes with the required accessible features. The agreement requires the companies to pay a fine and make changes to their properties, such as adding ramps, accessible parking, and making apartments easier for people with disabilities to enter and use. Read more about the lawsuit that is making these rental properties accessible.  Read the October 30, 2023 Pacific ADA Center article. Read the December 18, 2023 HUD press release.

Public Comment Period Extended for Proposal to Remove Criminal Conviction Restrictions for Fair Housing Testers

 

The U.S. Department of Housing and Urban Development (HUD) has extended the public comment date for its Notice of Proposed Rulemaking that would remove criminal conviction restrictions for fair housing testers by 9 days, to January 11, 2024. To do this, HUD has submitted a notice to the Federal Register, which can be found here.

This is part of the Biden administration’s government-wide initiative to give criminals a second chance.  Besides making HUD programs as inclusive as possible for criminals, HUD says the proposed rule will ensure that it can “fully investigate criminal background screening policies that are potentially discriminatory under federal civil rights laws by using testers with actual criminal backgrounds.”

HUD published its Notice of Proposed Rulemaking in the Federal Register on October 31, 2023, and provided for a 60-day public comment period. The proposed rule aims to eliminate the agency’s restrictions on the use of fair housing testers with prior felony convictions or certain other convictions - such as prior felony, fraud, or perjury convictions - by nonprofit Fair Housing agencies. Fair housing testers provide invaluable support to HUD and HUD’s fair housing partners by taking part in housing transactions to screen for discrimination. The original announcement of the proposed rule can be found here.

HUD has received feedback from multiple interested persons requesting additional time to review the rule and provide comments. For example, Judicial Watch has summarized "Even those who agree with second chances may reasonably question if convicted felons should participate in federal investigations. " In response to these requests, HUD has extended the public comment period for 9 days, to January 11, 2024. HUD continues to invite all interested parties and members of the public to submit their views, comments, and recommendations for improvement in HUD’s Notice of Proposed Rulemaking.

Comments may be submitted electronically through https://www.regulations.gov/document/HUD-2023-0091-0001 or through the methods described in the proposed rule.

Read the December 7, 2023 HUD press release.

Read the November 6, 2023 Judicial Watch article.

Photo Credit: Photo by Tia Cunningham on Unsplash.

  

HUD Settlement Requires Oklahoma Landlord to Pay $300,000 to Discrimination Victims

The U.S. Department of Housing and Urban Development (HUD) has entered into a Voluntary Compliance Agreement-Conciliation Agreement (VCA-CA) that requires Cushing Housing Inc. to pay $300,000 to individuals, including former tenants, that were subjected to housing discrimination at Cushing’s property. Read the agreement.

The agreement stems from a complaint filed by tenants alleging Cushing Housing violated civil rights laws when it failed to address serious, racially motivated harassment that denied them the ability to peacefully enjoy their housing. The harassment was so severe that it left them fearful of leaving their apartment and took a substantial toll on their mental health. The VCA-CA resolves HUD’s October 26, 2022 Letter of Findings which found respondents discriminated against the tenants in violation of Title VI of the Civil Rights Act of 1964.

HUD’s investigation found that residents began harassing the complainants, a White mother and daughter, when the daughter began dating a Black man and was seen with this man at the property. HUD’s investigation found that complainants repeatedly notified Cushing Housing of this harassment, but that Cushing Housing failed to take any steps to address it. The pervasive harassment included calling the complainants racial slurs and threatening racially motivated violence. Despite being on notice of this harassment, Cushing failed to take prompt and effect steps reasonably calculated to end it, instead ultimately issuing a notice to vacate to both the complainant mother as well as the harassers, which HUD found to be unlawful retaliation against the mother for the reporting racial harassment.

In addition to the $300,000 payment to complainants and an aggrieved individual, the agreement requires Cushing Housing: (1) to establish an anti-harassment policy as well as a fair housing and civil rights compliance policy which must be made available to all tenants and include formal grievance procedures, and (2) to obtain fair housing and civil rights training for all officers, agents, and employees.

Read the December 11, 2023 HUD press release.

Conference Assesses Positive Housing Opportunity Programs

"Connecting HUD-Assisted Renters to Opportunity"

A recent HUD report published in HUD User reports on the Bipartisan Policy Center's August, 2023 online event, “Investing in Opportunity: Rental Assistance and Neighborhoods of Choice,” featuring recent research from Opportunity Insights (OI) on the Seattle-based "Creating Moves to Opportunity" program along with a general discussion of the challenges and benefits for housing choice voucher (HCV) recipients moving to low-poverty, high-opportunity neighborhoods.

OI detailed recent research showing that children's upward economic mobility varies widely across neighborhoods nationwide. Studies have also shown that moving to higher-opportunity neighborhoods at younger ages can significantly improve outcomes later in life. Considerable research demonstrates that housing location affects essential outcomes, such as income and health, for residents, and that living in low-poverty neighborhoods with high-quality schools and low crime rates is associated with increased economic mobility and other positive effects. However, housing in these neighborhoods often is unaffordable for low-income families. 

Low-income families trying to access housing in high-opportunity neighborhoods face two big challenges: (1) finding a home to rent - one-third of high-opportunity neighborhoods are "rental deserts," many with exclusively or primarily single-family homes - and (2) being able to afford the rent. The assistance of counselors or coaches can help, especially when they are members or representatives of the community. 

For landlords, participation in the HCV program involves additional steps and paperwork, producing delays and uncertainty. Enterprise Community Partners urged policy changes to lower the regulatory burden for landlords to participate in the program and reduce the time to lease to a voucher holder.

Programs that provide housing vouchers and also ensure that the vouchers compete with market-rate rents, lower regulatory burdens for landlords, and provide additional financial supports can help low-income renters move to opportunity neighborhoods. Seattle's "Creating Moves to Opportunity" program and programs providing mobility-related services under HUD's Community Choice Demonstration are successful at increasing opportunity for HUD-assisted renters. 

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Source: Read the October 3, 2023 HUD User report.

HUD Releases Historical Analysis of Place-Based & Mobility Housing Programs

"Housing Programs and Racial Segregation: The Role of Place-Based and Mobility Programs"

by Peter J. Mateyka, Survey Statistician, Housing and Demographic Analysis Division, PD&R (2023-present).

HUD User has just released a detailed historical analysis on place-based and mobility housing programs regarding the goal of racially desegregating housing.

"Overcoming racial segregation in housing is part of the Fair Housing Act of 1968's Affirmatively Furthering Fair Housing (AFFH) mandate. Over the past 50 years, the Office of Policy Development and Research's (PD&R's) work has expanded our understanding of the relationships between HUD's housing programs and racial segregation and how HUD can design housing programs that meet the AFFH mandate of overcoming segregation, promoting fair choice, and creating inclusive communities. The research and data on HUD programs and racial segregation that PD&R produces and disseminates highlight the department's successes, failures, and challenges in the pursuit of fair housing for all. 

HUD’s housing programs include place-based programs and housing mobility programs, both of which take different approaches to connecting underserved households to quality housing. Place-based programs focus on community development through revitalizing distressed neighborhoods. Mobility programs provide subsidies to underserved households that allow them to move to high-opportunity neighborhoods with better employment and educational opportunities and lower crime rates. HUD’s proposed 2023 revisions to its AFFH rule incorporate both place-based and housing mobility approaches:

Affirmatively furthering fair housing can involve both bringing investments to improve the housing, infrastructure, and community assets in underserved communities as well as enabling families to seek greater opportunity by moving to areas of the community that already enjoy better community infrastructure and community assets.

This article reviews the history of PD&R's work on HUD's place-based and housing mobility initiatives and discusses how this work has enhanced our understanding of the relationship between housing policy and racial segregation and advanced the AFFH mandate's goal of reducing residential segregation.

Mobility programs provide subsidies to underserved households, allowing them to move to opportunity neighborhoods with better employment and educational chances, and lower crime."

The report concludes:

"PD&R’s work over the past 50 years has contributed to a better understanding of the relationship between housing programs and racial segregation, which has, in turn, helped HUD design place-based and housing mobility program designs that better adhere to its AFFH mandate to overcome segregation, promote fair choice, and create inclusive communities, However, declines in neighborhood racial segregation among all U.S. households have slowed in recent decades. Although recent HUD programs often have improved outcomes for neighborhoods and individuals, they have had mixed success at reducing racial segregation in public housing and increasing neighborhood integration for those receiving housing assistance. A promising development is HUD’s recent revisions to its AFFH mandate, which allows HUD to consider the role of race in the initial planning and design of housing programs. One of PD&R’s contributions to AFFH planning is supporting the development of a publicly released data tool that can help localities identify patterns of racial segregation and differences in neighborhood opportunity and incorporate this information into fair housing strategies."

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Source: Read the October 17, 2023 HUD User report.

HOW TO REPORT HOUSING DISCRIMINATION WITH HUD

https://www.hud.gov/fairhousing/fileacomplaint

If you believe your rights may have been violated, the U.S. Department of Housing and Urban Development (HUD) encourages you to report housing discrimination. Because there are time limits on when an allegation can be filed with HUD after an alleged violation, you should report housing discrimination as soon as possible. When reporting housing discrimination, please provide as much information as possible, including:

• Your name and address.
• The name and address of the person(s) or organization your allegation is against.
• The address or other identification of the housing or program involved.
• A short description of the event(s) that cause you to believe your rights were violated.
• The date(s) of the alleged violation.

Report Housing Discrimination Now

What is Housing Discrimination?

Discrimination under the Fair Housing Act (including housing that is privately owned and operated) is:

• Discrimination in renting or buying a home, getting a mortgage, seeking housing assistance, or engaging in other housing-related activities.
• Discrimination on the basis of: race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, disability).

Who May File an Allegation - Anyone who has been or will be harmed by a discriminatory housing practice.

Who May Have an Allegation Filed Against Them - Property owners, property managers, developers, real estate agents, mortgage lenders, homeowners associations, insurance providers, and others who affect housing opportunities.

You can Report Housing Discrimination with HUD

ONLINE in English (also available in Español, 中文, Tiếng Việt, 한국인, العربية, Русский, ខ្មែរ, and Soomaali).

BY PHONE. HUD speaks your language! Talk with a HUD intake specialist by calling: 1-800-669-9777. You can also call your regional FHEO office at the phone numbers on this list.

BY MAIL. You can print out this form (also available in Español, 繁體中文, Tiếng Việt, 한국인, عربي, Русский, ខ្មែរ, and Soomaali) and mail it to your regional HUD office at the address on this list.

Assistance for Persons with Disabilities

HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities. To learn more about how to make an accessible telephone call, please visit Telecommunications Relay Service - TRS.

Assistance for Persons with Limited English Proficiency

You can report housing discrimination in any language. For persons with limited English proficiency, HUD provides interpreters. HUD also provides a Spanish language version of the online report housing discrimination form. You can find descriptions of your fair housing rights in several languages other than English here.

Retaliation Is Illegal

It is illegal to retaliate against any person for making an allegation, testifying, assisting, or participating in any manner in a proceeding under HUD’s allegation process at any time, even after the investigation has been completed. 

It is illegal to retaliate against any person because that person reported a discriminatory practice to a housing provider or other authority. 

The Violence Against Women Act (VAWA) also makes it illegal for a public housing agency, owner, or manager of housing assisted under a VAWA covered housing program to retaliate against someone for seeking or exercising VAWA protections for themself or another. This includes protection for people who testify, assist, or participate in any VAWA matter on their own, or another’s, behalf. 

If you believe you have experienced retaliation, you should report housing discrimination!

Types of Allegations Investigated

HUD investigates allegations, which may be one or both of the following:

(1) Discrimination under the Fair Housing Act.

(2) Discrimination and other civil rights violations in housing and community development programs, including those funded by HUD.

(3) Discrimination Under the Violence Against Women Act.

Additional Resources

Learn About the Reporting Process

Get Help Before Reporting Housing Discrimination

Reporting in Languages Other than English

Housing Discrimination Under the Fair Housing Act

HUD Multifamily Housing Complaints

Housing Choice Voucher and Public Housing Complaints

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Source of Information: HUD’s Office of Fair Housing and Equal Opportunity.