fair housing applicant screening and tenant selection
TRANSCRIPT
Fair HousingApplicant Screening and Tenant
Selection
Civil Rights Laws
Title VI of the Civil Rights Act of 1964 (42 U.S.C.A. §2000d) ’
Title VIII of the Civil Rights Act of 1968 as Amended in 1988 - (Fair Housing Act, 42 U.S.C §3601 et seq.)
Section 504 of the Rehabilitation Act of 1973
Americans with Disabilities Act of 1990.
Programs Required to Comply with the Fair Housing Act, Title VI and Section 504
Section 221 (d)(2) Homeownership Assistance and 221(d)(3) Below-Market Interest Rate
Sections 235 and 236
Sections 232, 234(c) and 213 - Condominium and Cooperative Housing
Section 232 - Nursing Homes and Intermediate Care Facilities
Sections 207, 220, 221(d)(3) and (4) – Multifamily Rental Housing
Rental Assistance Payment (RAP) and Rent Supplement
Section 8 Project-Based Assistance
Section 202 with 162 Assistance – Project Assistance Grants (Section 202 PACs)
Section 202 with Project Rental Assistance Contracts (Section 202 PRACs)
Section 811 with Project Rental Assistance Contracts (Section 811 PRACs)
Fair Housing Act –Title VIII
Prohibits Housing Discrimination on the Basis of:
Race
Color
Religion
Sex
National Origin
Familial Status
Disability
A Federally Funded Housing Provider may not
Deny to any family the opportunity to apply for housing, nor deny to any qualified applicant the opportunity to participate in the housing choice voucher program
Provide housing that is different from that provided to others
Subject anyone to segregation or disparate treatment
Restrict anyone's access to any benefit enjoyed by others in connection with the housing program estate transactions
Discriminate against someone because they are related to or associated with a member of a protected class
Deny anyone access to the same level of services
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A Federally Funded Housing Provider may not
Treat a person differently in determining eligibility or other requirements for admission
Steer an applicant or participant toward or away from a particular area based any of these factors
Deny anyone the opportunity to participate in a planning or advisory group that is an integral part of the housing program
Discriminate in the provision of residential real class.
Publish or cause to be published an advertisement or notice indicating the availability of housing that prefers or excludes persons who are members of a protected
Section 504 and Title VI Require Program Compliance
Section 504 and Title VI provides that no qualified individual should, by reason of his or her race, color or national origin (Titile VI) or disability, (504) be:
excluded from the participation in,
denied the benefits of, or subjected to discrimination
under any program or activity receiving Federal financial assistance.
Affirmative Fair Housing Marketing Plan
What is an affirmative marketing plan>
The AFMH Plan is a marketing strategy designed to attract all eligible buyers and renters to federally funded or insured properties. The Plan is designed to reach those eligible applicants least likely to apply to a property.The Plan describes initial advertising, outreach (community contacts) and other marketing activities which inform potential buyers and renters of the existence of the units.
Who Should Create an AFHMP
All applicants for subsidized and unsubsidized multifamily projects, mobile home parks and single-family subdivisions of five or more units, spaces or lots which are funded or insured under certain HUD programs are subject to program requirements which require an AFHM Plan.
Programs Required to Create an AFHMP Include
Section 221 (d)(2) Homeownership Assistance and 221(d)(3) Below-Market Interest Rate
Sections 235 and 236
Sections 232, 234(c) and 213 - Condominium and Cooperative Housing
Section 232 - Nursing Homes and Intermediate Care Facilities
Section 207 - Mobile Home Courts
Sections 207, 220, 221(d)(3) and (4) – Multifamily Rental Housing
Rental Assistance Payment (RAP) and Rent Supplement
Section 8 Project-Based Assistance
Section 202 with 162 Assistance – Project Assistance Grants (Section 202 PACs)
Section 202 with Project Rental Assistance Contracts (Section 202 PRACs)
Section 202 without Assistance (Income Limits Only)
Section 203(b) and (1) - One-to-Four-Family Mortgage Insurance for Homeowners S
ection 811 with Project Rental Assistance Contracts (Section 811 PRACs)
How Long Does the Plan Last and When Should it be updated?
The AFHM Plan remains in force throughout the life of a multifamily project mortgage and/or the period for which the HUD subsidy is provided.
For single-family dwellings located in subdivisions of five or more units, the Plan remains in effect until all the dwelling units are sold.
AFHM Plans must be reviewed
at least every five years,
when the local Community Development jurisdiction’s Consolidated Plan is updated, or
when there are significant changes in the demographics of the project or the local housing market area.
Creating an Affirmative Fair Housing Marketing Plan
the U.S. Department of Housing and Urban Development (HUD) has developed AFHM forms which must be completed when either initially applying for funding or when the AFHM Plan is updated (HUD Form HUD-935.2A
Targeting: Least Likely to Apply
Identify the segments of the eligible population which are least likely to apply for housing without special outreach efforts. Consider the current racial
and ethnic composition of the residential area.
Also consider language barriers and income eligibility requirements.
Outreach
Outline an outreach program which includes special measures designed to attract those groups identified as least likely to apply and other efforts designed to attract persons from the total eligible population.
Community Contacts
The housing provider must list at least one community organization that serves each group determined to be least likely to apply to help the provider in their marketing efforts. In the plan include the name of the contact person, contact information, experience working with the target population as well as the number and language of materials to be provided to such agencies.
Media
The housing provider should specify the particular means of advertising utilized to reach a target group and the reasoning behind that particular type of advertising. Advertisements should include the fair housing logo.
Documenting the Effectiveness of an AFHMP
A housing provider should describe the indicators to be used to measure the success of the marketing program such as but not limited to:
Recording information on how an individual heard about the housing and why they decided to apply will provide useful data for the evaluation process.
Comparing the number of units now occupied by persons previously determined to be “least likely to apply” and the number of people least likely to apply on the waiting list prior to and after the marketing process.
Maintaining these records for the length of the AFHMP and reviewing the effectiveness of the plan at least once a year.
Common Mistakes in Developing an AFHMP
Incomplete information , i.e.: number of units, price of units, marketing area not provided
Insufficient research, i.e. all ethnic groups are considered “least likely to apply”
Failure to advertise in places used by people who have been deemed “least likely to apply”
Lack of follow-up with community contacts to ensure the housing opportunities have been advertised
No standards to ensure the marketing plan was effective
Lack of current staff training on fair housing laws
Tenant Selection PlanFor Federally Funded Properties
Elements of a Tenant Selection Plan
Right to Apply and Referrals from Public Housing Authorities
Statement of Non-discrimination Eligibility and Selection Criteria Screening for Suitability. /Screening Procedures Preferences, Priorities and Targeting Initial Rent-Up/Lottery Waiting Lists
Right to Apply and Referrals from Public Housing Authorities
In fulfilling its requirements to rent subsidized units within the Development to low income persons or families, the Housing Provider
Will accept referrals of tenants from the Public Housing Authority in the city or town in which the Development is located
Will not unreasonably refuse occupancy to any prospective tenants so referred who are otherwise determined to be eligible and suitable for tenancy
No person may be refused the right to apply for housing unless the Development’s waiting list is closed for a particular unit size or type and proper and prominent notice that the waiting list closed has occurred.
Sample Statement of Non-discrimination
In carrying out the Plan, _________shall not discriminate on the basis of race, color, religion, national or ethnic origin, sex, familial status, disability, or other basis prohibited by local, state or federal law in any aspect of tenant selection or matters related to continued occupancy. _______ shall affirmatively market to persons lease likely to apply as specified in its Affirmative Fair Housing Marketing Plan (AFHMP) as approved by ________ or HUD.
Eligibility and Selection Criteria
To be considered for selection, applicants must submit a completed application and relevant consent forms.
To determine threshold eligibility, the application may be accepted by a self-certifying statement.
Third party verification shall not be required until final screening for occupancy.
The Agent must verify the information needed to determine an applicant’s eligibility within 90 days prior to the Agent’s approval of the tenancy.
Note: Eligibility does not constitute acceptance and further screening is required to determine an applicant’s ability to maintain a successful tenancy.
Project Specific Eligibility Criteria
The number of designated units and the terms of their designation
Units designated within the Development for occupancy by a special population, such as elderly or disabled, may only be occupied by those households meeting the criteria for such designations
Subsidy Program Requirements
Subsidy Program Requirements. Units within the Development receiving federal or state housing subsidies may only be occupied by those households meeting the criteria of the subsidizing program. Requirements may include:
Maximum Income.
Household Characteristics.
Student Status
Citizenship/Immigration Status Requirements
Applicant Screening ProcessFor Federally Funded Properties
Screening for Suitability
In selecting tenants you shall consider the essential requirements of tenancy. Rejection of an applicant is appropriate if they cannot meet he essential requirements of tenancy, which may include:
Ability to pay rent and other charges under the lease in a timely manner;
Ability to care for and avoid damaging the unit and common areas, to use facilities and equipment in a reasonable way, and to not create health or safety hazards;
Not to interfere with the rights and enjoyment of others and not to damage the property of others;
Not to engage in any activity that threatens the health, safety or right to peaceful enjoyment of other residents or staff,
Not to engage in activity on or near the premises that involves illegal use of controlled substances or weapons, and not to engage in any criminal activity on or off the premises that would be detrimental to the housing should it occur on the premises; and
To comply with necessary and reasonable rules and program requirements of the housing provider.
Mitigating Factors
Severity of the potentially disqualifying conduct;
The amount of time that has elapsed since the occurrence of such conduct;
The degree of danger, if any, to the health, safety and security of others or to the security of the property of others or to the physical conditions of the Development and its common areas if the conduct recurred;
The disruption, inconvenience, or financial impact that recurrence would cause the housing provider; and
The likelihood that the applicant’s behavior will be substantially improved in the future.
Prohibited Screening Criteria
Disability Status. Except as provided in section C.3(i) above, it is unlawful to make an inquiry to determine if an applicant for a dwelling unit, a person intending to reside in that dwelling unit after it is rented or made available, or any persons associated with the applicant, has a disability or handicap, or to make inquiry as to the nature or severity of an identified disability or handicap.
Physical Examinations. The Agent shall not require physical examinations or medical testing as a condition of admission.
Meals and Other Services. The Agent shall not require tenants to participate in a meals program that has not been approved by MassHousing.
Donations or Contributions. The Agent shall not require a donation, contribution or membership fee as a condition of admission, except that cooperative housing projects may charge a membership fee. Owners may not require any payments not provided in the lease.
Waiting List ManagementFor Federally Funded Properties
Waiting Lists
Waiting lists must include the following data taken from the application: Date and time the applicant submitted the application;
Name of the head of household;
Annual income level (used to estimate levels for income-targeting i.e. extremely low-income, very low-income, low-income and moderate income);
Identification of the need for an accessible unit, including the need for accessible feature i.e. visually or hearing impaired;
Preference status; and
Unit size.
Organize Waiting Lists by Type of Unit
“Type of unit” is defined in several ways, including:
the number of bedrooms, as well as the number of bathrooms, or ancillary rooms, such as a den or dining room;
the building structure, such as a town-house versus a garden-style unit;
the physical characteristics of the unit, such as accessible features;
the type of subsidy attached to the unit, such as project-based subsidy;
the distinction between subsidy types such as interest subsidy (basic rent units) and deep subsidy (low rent units); and
units which are intended for occupancy by elderly persons.
Preferences, Priorities and Targeting
A Housing Provider must inform each applicant about available preferences, and provide an opportunity for each applicant to show that they qualify for available preferences
Preferences affect only the order of applicants on the waiting list. They do not make anyone eligible who was not otherwise eligible, and they do not change the Agent’s right to apply or modify the tenant selection criteria.
All preferences must comply with non-discrimination, equal opportunity, and Fair Housing requirements, and the Development’s Affirmative Fair Marketing Plan must demonstrate what efforts will be taken to prevent a disparate impact or discriminatory effect on non-local residents of protected classes.
Staff Training
The housing provider should provide fair housing training for all staff members on a regular basis.
The housing provider should maintain documentation of fair housing training, the documentation should include; dates, locations, agendas, and a roster of attendees.
Best Practices
Know and understand applicable fair housing and other civil rights laws.
Develop clear, written screening and tenant selection policies based on verifiable facts and compliant with fair housing laws.
Ensure all employees are informed and trained on how to enforce policies consistently and equally among applicants and tenants.
Keep thorough, complete, accurate documentation of all interactions (including oral conversations) with rental prospects, applicants, and tenants.
References
Fair Housing Act
24 CFR 100
Tenant Selection Plan 24 CFR 5.655 Owner Preferences in Selection for a Project or Unit
24 CFR 880.104, 881.104, 883.105, 884.118, 886.119, 886.318 (Applicability of 24 CFR, part 5, and responsibilities of the owner)
24 CFR 891.410, 891.610, 891.750 (Selection and admission of tenants)
Income-Targeting (These regulations are applicable only to the Section 8 project-based program except where otherwise noted.)
24 CFR 5.653 Admission – Income-eligibility and income-targeting
24 CFR 5.601, 5.603 (Occupancy Requirements for Section 8 Project Based Assistance)
Preferences 24 CFR 5.655, 880.602, 881.601, 883.701, 884.214, 886.132, 886.321, 891.230, 891.750 (Owner
preferences/requirements in selection for a project or unit)
24 CFR 236.715 Determination of Eligibility
24 CFR 880.612a, 881.601, 883.701, 884.223a, 886.329a (Preference for occupancy by elderly families)
References cont’d
Required Criminal and Drug Screening Standards 24 CFR part 5, subpart I – Preventing Crime in Federally Assisted Housing –
Denying Admission and Terminating Tenancy for Criminal Activity and Alcohol Abuse
24 CFR part 5, subpart J – Access to Criminal Records and Information
Screening for Suitability • 24 CFR 5.655 Owner Preferences in Selection for a Project or Unit
Rejecting Applicants and Denial of Rental Assistance • 24 CFR 880.603, 881.601, 883.701, 884.214, 886.121 and 132, 886.321 and
329, 891.410, 891.610, 891.750 (Tenant selection and admission)
Denial of Assistance to Noncitizens and DHS Appeal Process • 24 CFR part 5, subpart E – Restrictions on Assistance to Noncitizens
Questions?
