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Tenant Council Election ManualA Guide to Building a Duly Elected Resident Bodyprepared by The Delaware Housing Coalition and

The League of Women Voters of Delaware

Tenant Council Election ManualA Guide to Building a Duly Elected Resident Bodyprepared by the Delaware Housing Coalition and the League of Women Voters of Delaware

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CONTENTS PAGEI. Introduction 4II. The Role of the Council 7III. Why Elections Are Important 8IV. The Election Process 9V. Gaining Recognition 17

ELECTION PROCESS TIMETABLE 18VI. Federal Guidelines 19

Public Housing: 24 CFR 964 19Section 8 Housing: 24 CFR 245 28Fair Housing: 24 CFR 100 31

VII. Useful Forms 46

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EDITORIALLayout and EditingGina Miserendino, Ken Smith

ContributorsTina RileyChristine StillsonRay Ray ThompsonPatricia ToddEllen Wasfi

ÉCover GraphicsReaching for the Stars, by Khalil Bendib

The Delaware Housing Coalitionwww.housingforall.org

email: [email protected]

OfficePO Box 1633

Dover, DE 19903-1633.phone: 302/678-2286

fax: 302/678-8645È

Board of DirectorsDon Blair

Dr. Karen CurtisLorraine deMeurisse (Vice President)

Helen Drayton (Secretary)Deborah Gottschalk

Leslie HollandSheera Lipshitz

Dorothy Medeiros (President)Joe Myer

Veronica OliverRay PaylorJim PeffleyRuth Pugh

Norma Zumsteg (Treasurer)È

The MISSION of the Delaware Housing Coalition is to advocate for safe, decent, and affordable housingthroughout the state. Our goal is to affect, impact, and shape the environment relating to housing. Weare committed to fostering the growth and long-term flourishing of grass roots constituencies whichdevelop their power; nurture their own problem-solvers and leaders; and work together to change theconditions which prevent them from obtaining safe, decent, and affordable housing.

MANY THANKSThe production and publication of this manual was made possible by a grant from the Housing Capacity

Building Program, a statewide partnership among the Delaware State Housing Authority, the Center forCommunity Research and Service of the University of Delaware, and the Delaware Community InvestmentCorporation.

It was also made possible by the long days spent in Delaware by Mr. Stanley Horn of Horn & Associates(Chicago), who was our mentor us in the fundamentals of building tenant groups.

Most of all, it was made possible by the long hours of organizing work done by our early tenant organizers, allof whom came from public and assisted housing: the late B.J. Burton, Winnie Cooper, Dorothy Henry, Sadie Nance,Tina Riley, and Rhinell Weldon.

Finally, it was made possible by the Catholic Campaign for Human Development (Wilmington Diocese), theAdministrative Commission on the Speer Trust (New Castle Presbytery), the Evangelical Lutheran Church ofAmerica (ELCA), the Joshua Fund of the Episcopal Church of St. Andrew and Saint Matthew, and many othergroups who made an initial investment in the effort to increase tenant power in Delaware.

mailto:[email protected]

http://www.housingforall.org

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Tenant Council Election Manual

Contents

Tenant CouncilElection Manual

A Guide to Building aDuly Elected

Resident Body

League of Women Voters of Delaware2400 W. 17 Streetth

Clash Wing, Room 1, Lower LevelWilmington, DE 19806-1311

302/571-8948

Delaware Housing CoalitionP.O. Box 1633

Dover, DE 19903-1633302/678-2286

[email protected]

I. Introduction

II. The Role of the Council

III. Why Elections are Important

IV. The Election Process (Organizing an Election)

A. The Third Party ObserverB. Holding an Interest MeetingC. The NominationsD. The Election

V. Gaining Recognition

VI. Federal Guidelines

VII. Useful Forms

mailto:[email protected]

http://www.housingforall.org

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I.INTRODUCTION

A. This Is Your ManualB. HistoryC. Purpose and Use of this

Manual

A. This Is Your Manual

This is your manual.

It is dedicated to increasing andstrengthening the voice of Delaware tenantsat every level:

¾ your building¾ your development¾ your neighborhood¾ the county¾ state¾ national

Based on the experience of successfulgrassroots leaders, we see that a dulyelected, democratically-run tenant council isthe most important building block on theroad to achieving meaningful tenant input,decision-making power, and control overtheir own lives and communities.

Please read it and apply the knowledgetoward building grassroots democracy inyour own community.

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B.History

P Through its work with the establishmentof the Delaware State Wide Association ofTenants, the Delaware Housing Coalition(DHC) began helping tenant councils toestablish themselves in assisted housingsites in lower Delaware in 1999. The Leagueof Women Voters of Delaware (LWV) hasbeen involved in observing tenant councilelections for much longer. Between them,DHC and the LWV have aided dozens ofresident groups in assisted and unassistedhousing throughout the State to start atenant council or steering group.

P Your tenant council is a means throughwhich your many voices can be heard asone.

A duly elected tenant council gives you, thetenants, the power to act in partnershipwith management or other groups, e.g.police.

It is the first step in a process that has led tomany new forms of tenant independence,including:

¾ tenant voice in new resident selectionprocess¾ tenant management¾ tenant ownership of land andproperty¾ tenant-controlled nonprofitcommunity development corporations¾ cooperatively owned housing

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C.PurposeandUse of theElection Manual

The primary purpose of this manual is todescribe a standard process which ensuresthe legitimacy of the election of officers fora tenant council.

By having a uniform way of selecting atenant council, no one person’s voice isheard over another’s.

As the manual indicates, the initiation ofthe election process is also the beginning ofa democratic process in your buildingand/or development.

The procedures described in this manual arelegal and encourage tenant control over theprocess.

Information in this election manual will bewritten in a way that is easy to understand.The manual will be accessible to tenants.

If the steps in this election manual arefollowed, your election will be legitimate.

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II.THE

ROLE

OF

THE

COUNCIL

Some of the roles of your tenant council are:

P To represent the interests of all the tenants;

P To have a tenant organization that isindependent of management;

P To provide a mechanism through whichgrievances to management, etc. can beaddressed;

P To provide a means through which tenantsuggestions for quality of life issues in thedevelopment can be received and worked on;

P To provide a means by which tenantconcerns can be prioritized and addressed;

P To have a legitimate body speaking for, andbacking tenant concerns;

P To represent tenants to media, other tenantcouncils, and other outside groups;

P To educate and inform tenants of the natureof grievances and other issues that the tenantcouncil will undertake and keep tenants up-to-date on that process;

P To provide a legal entity representing tenantinterests which can apply for grants toimprove the quality of life ; and1

P To be a partner in the overall policydevelopment and direction of operations by a2

housing authority or to have the right to berecognized as having a voice in residentialcommunity affairs by the management.3

_____(1) This applies to certain subsidized housing

developments, but not all.

(2) 24 C.F.R. 964.135

(3) Form C, “Rights and Responsibilities,” HUD Office of

Multifamily Housing

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III. WHY

ELECTIONS

ARE

IMPORTANT

P Elections are part of the democraticprocess;

P Elections enable you, as tenants, toactively participate in choosing who willrepresent your concerns;

P Elections avoid arbitrary decisions by self-designated leaders who try to speak onbehalf of the resident body;

P Elections help to build new leadershipwithin your community and strengthenalready existing leadership;

P Elections help to build a strongercommunity by giving your communitycommon goals, a history of overcomingobstacles and adversity, and a tradition oftenant independence;

P Elections express your desire to be fullmembers of the community, working asagents for change and improvement, andrejecting the passive role of being housing“consumers” to be managed by others;

P Elections make a statement about you, thetenants, as members of the widercommunity who are acting as responsiblefellow citizens;

P Elections are the first step in a moredeliberate and planned presence by tenantsin their dealings with management and thewider community; and

P Elections can lead to more powerful formsof tenant influence and control, as describedabove.

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IV.THE

ELECTION

PROCESS

A. The Third Party ObserverB. Holding an Interest MeetingC. The NominationsD. The Election

- The election process as outlined provides a road map and step- by-step directions to organize and carry out an election in your development or building.

- The steps described are a combination of what the US Department of HUD requires and inaddition, what we have found to have worked well in Delaware.

A. The Third Party Observer

The US Department of Housing and UrbanDevelopment (HUD) requires that for1

public housing sites, all official steps of theentire election process and any recall2

procedures be observed by an independentthird party. We agree that this is a goodidea for all elections regardless of what typehousing you live in. This ensures that youas residents involved in the election benefitfrom having the process be monitored andapproved by individuals who know how theprocess should be run and have nopersonal interest in the results of theelection.

Examples of qualified third parties includethe local branches of the League of WomenVoters (LWV) and the Urban League.

In addition, for public housing sites, HUDstates that at a minimum, a tenant councilmay use local election board/commissions .3 .

After receiving preliminary instruction fromthis manual and DHC, steering groupsshould contact their local LWV contact assoon as possible in order to discuss andcoordinate the process with them.4

_____(1) 24 CFR 964.130 for Public Housing developments

(2) A recall is a post-election procedure which

allows for a party who had been elected and does not(or cannot) perform their duties to be taken out ofoffice in an organized manner.(3) 24 CFR 964.130; see Appendix

(4) For the purpose of this manual, it will be

assumed that the Third Party Observer will be thelocal branch of the League of Women Voters.

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B.Holding an Interest Meeting

Most tenant councils start with a smallcommittee of residents talking informally among themselves about the value andpotential of working together to solve aproblem, to improve a situation and/or toadd services in their building/complex.These interested tenants may be called asteering group (SG).

It is important for tenants to work towardcreating a body that is independent of themanagement/owner. This does not meanthat a tenant council has to be in anadversarial relationship with management .It does mean that your tenant council willbe treated as a legitimate body that isconsidered a partner whose voice is to besought out and seriously considered.

Tenants can contact the Delaware HousingCoalition to receive a copy of this electionmanual. DHC will meet with the steeringgroup to review the manual and givetechnical assistance. The steering groups canthen call the local branch of the League ofWomen Voters to start coordinating theelection process.

The next step is for the steering group to plan to hold an interest meeting for alltenants, making sure the LWV has agreed tothe time and place so they can observe theprocess.

It is best if the meeting can take place onthe premises, for example in a communityroom if the building/complex has one. Ifnot, a local church hall, fire hall, or similarcommunity facility may be able to donatespace. It is important that whatever facilityis reserved – that the room be as accessibleas possible to persons with handicaps.Considerations should also be made for

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those with handicaps if transportation isinvolved.

The steering group should also carefullyconsider when the meeting(s) should beheld. For example, if residents are workingvarious shifts, the time when most folkswould be available should be considered.Early evening may be best for developmentswith working people; if it is a seniordevelopment, perhaps the mid-afternoonmay be most suitable. Provisions should bemade to get information to residents whoare unable to get to the meeting.

Except for the third party observer andinvited guests such as representatives fromDHC, it is important that no outsiders,especially personnel from management, bepresent at the meeting. This includes amaintenance person or manager who liveson the premises –these individuals areconsidered to be management-related evenif they reside on the premises. Create a flier and slip it under every doorand/or post it in several conspicuous publicplaces. Fliers should be posted oneweek before the scheduled meeting. Good places to post fliers includecommunity rooms, common laundryrooms, above group mailboxes, nearelevators, etc. (Please check your lease andhouse rules to ensure no violations occur)

The flier should state that a group ofconcerned residents is holding an InterestMeeting to determine whether the residentswant to form a tenant council and toinitiate the nominations process if it isdecided that they would like to see a tenantcouncil formed. The flier should alsoinclude a phone number for questions.

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See Forms A and B.

The interest meeting may be thenominating meeting. This depends on thereadiness of your fellow tenants. If anadditional meeting just for nominations isneeded after the interest meeting, this willadd additional days and another step to theelection process (see timeline below, page18) .

If there is a pre-existing tenant council, theinterest meeting is the nominating meeting.All steps outlined above should be included.By-laws of the existing tenant council mustbe followed.

At the meeting, the purpose of themeeting, the role of a tenant council, and abrief outline of the election process andrequirements for participation should beexplained to the group. If the group decidesto form a tenant council, the number ofBoard representatives needed should bedecided, nominations for the Board of theCouncil should then be taken.

If the group decides not to form a tenantcouncil, alternatives for improvingcommunication among tenants may bediscussed.

All actions should be recorded by anagreed-upon member of the volunteersteering group.

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C.The Nominations

Whether the interest meeting becomes anominating meeting or whether there is aseparate nominating meeting held, oneperson should be designated as the recorderof the meeting that makes nominations.

Nominations are taken for the Board of theTenant Council, not for specific offices.Those decisions will be made by the electedboard at their first “organizational meeting”after the election.

Each nominee should be nominated by oneperson and seconded by another. A tenantmay nominate her/himself. Nominees mustconsent to serve.

After the close of nominations, a set timefor changes or additions should be decided.A week is sufficient to allow for changesonce the slate of nominees is posted.

Names of all persons nominated, whoconsented to serve, should be posted incommon areas as soon as possible, but nomore than three (3) days after the interestmeeting. Instructions for making changesshould be included in this posting. See FormN.

The date and time of the election may beposted immediately after the nominationmeeting, if that has been decided. See FormC.

An election reminder (Form D) may also beposted sometime after the close ofnominations.

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One option for receiving additionalnominations is to have a neutral, toll-freephone number posted to call to makechanges/additions. The time and date of theclose of nominations should be clearlywritten on this flier.

Persons calling in changes should identifythemselves and state their apartmentnumber to verify their status as a tenant inthat development. They should also affirmthat any person that they are nominatinghas consented to serve on the Board of theTenant Council.

Any deletions from the original slate shouldbe verified by the person whose name isbeing deleted.

A second option is to have “tear-off” tabs atthe bottom of the fliers announcing thenominations. On the tear-off section allpertinent information should be included.Residents could then take this tear-off andsend in their changes of nominees for theslate.

Another option is to place a marked, lockedbox in an appropriate common area wherenomination changes can be placed. See FormK.

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D.The Election

Election SlateOnce the nominations are closed, anelection slate (Form E) should be posted.After the time, date and place of theelection have been verified with the LWVand the host voting place, this should beincluded with the election slate informationand a phone number for questions.Instructions regarding types of acceptableverification of residency (if required) shouldbe included on this flier as well. This fliershould also be copied and posted at least inseveral common areas, if not delivered toeach household within seven days of theclose of the nominations.

Sample BallotA sample of the final ballot (Form G) may beposted closer to the election day in order tohelp your fellow tenants prepare to vote.This sample ballot needs to reflect the samenames that are in the posted slate ofnominees.

Room setup P Signs should be posted outside of theroom to indicate that this is the votingplace).PIt should be assured that there are enoughtables and chairs set up to accommodate theflow of voter traffic. (Voters need to registerand show identification to LWV members.)(Two (2) LWV members usually observe theelection therefore two tables for votersshould be sufficient).P Extra pens should be available for votersto use.P All voters should sign in (Form F).P A sample ballot should be posted where itcan be easily reviewed.P A sealed box with an opening for ballotsshould be provided.P One or more tables and chairs should be

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set up away from the ballot box to ensurevoters’ privacy in completing the form.

Counting and Posting After the election is over the ballots will becounted by the LWV.

The results (Form I)will be posted outsidethe election room or other appropriateplaces.

A phone number will be made available forfollow up.

The results forms will be signed by LWV. There will be three (3) originals one is givento management, one is posted, and one willbe kept by the LWV. A copy will be sent toDHC.

For public housing sites, a signed andnotarized certification and a checklist todetermine if a council is duly elected mayalso need to be signed by the LWV.

Absentee BallotsIn some cases an absentee ballot option maybe appropriate. If you believe this is thecase, please discuss with your local Leagueof Women Voter’s representative. Any tasksrelating to an absentee ballot process mustbe completed with the same time frame asother steps.

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V.Gaining Recognition

Posting the results of the election is the firststep in letting the residents know theoutcome of the election.

As soon as possible after the election, thenew council officers should meet to hold anorganizational meeting, deciding amongthemselves who shall hold which office. Theresult of this decision should be posted forall the tenants right away.

A meeting of the full tenant council shouldbe scheduled soon after the organizationalmeeting. See Form M.

The LWV and DHC, should also be notifiedof the meeting.

A media release may be considered,announcing the formation of a tenantcouncil and the election of officers.

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Election Process TimetableCountdown to Election Day Starts at least 37 Days Ahead.

(There should be no less than 30 days between the day of the nominations and electionday)

Day Step # Action Steps:

-37 Î Post Interest Notice Î Interest Meeting Notice. Fliersshould be posted one week aheadof time (Day -37) in commonareas announcing that an interestmeeting will take place. Form A(or B)

-30 Ï Hold Interest Meeting Ï Interest Meeting is conducted,nominations made, and date ofelection set. (Day -30).

-27 Ð Post Nominations Ð Results of Interest Meeting(Nominations) posted withinthree (3) days (Day -27).Instructions for changes includedin this posting. Announcement ofelection date posted. Form C

-20 Ñ Close Nominations Ñ Steering Group receivesnomination changes.Nominations are closed. (Day -20). Board slate posted. Form E

-12 Ò Post Sample Ballot Ò Sample final ballot is posted withinstructions for elections. (Day -12) Form G

Ó Election Day Ó Election Day Forms G and I

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VI.

FEDERAL

GUIDELINES

A. PUBLIC HOUSING:TITLE 24, PART 964 OF THECODE OF FEDERAL REGULATIONS(EXCERPT)

B. SECTION 8 HOUSING: TITLE 24, PART 245 OF THECODE OF FEDERAL REGULATIONS (EXCERPT)

C. FAIR HOUSING:TITLE 24, PART 100 OF THE CODE OF FEDERAL REGULATIONS (EXCERPT)

A. PUBLIC HOUSING: TITLE 24, PART 964 OF THEC O D E O F F E D E R A LREGULATIONSCONTENTS

Subpart A–General ProvisionsSubpart B–Tenant ParticipationSubpart E–Resident BoardMembers [Code of Federal Regulations][Title 24, Volume 4][Revised as of April 1, 2002]From the U.S. GovernmentPrinting Office[CITE: 24CFR964.1]

PART 964--Tenant Participation and TenantOpportunities in Public Housing

Subpart A–General Provisions§ 964.1 Purpose.The purpose of this part is torecognize the importance ofre s ide n t in v o lve m e n t increating a positive livingenvironment and in activelyparticipating in the overallmission of public housing.

§ 964.3 Applicability and scope. (a) The policies and procedurescontained in this part apply toany PHA that has a PublicHousing Annual ContributionsContract (ACC) with HUD. Thispart, except for subpart E, doesnot apply to PHAs with housingassistance payments contractswith HUD under section 8 ofthe U.S. Housing Act of 1937.

(b) Subpart B of this partc o n t a i n s H U D p o l i c i e s ,procedures, and requirementsfor the participation of residentsin public housing operations.These policies, procedures, andrequirements apply to allresidents participating underthis part.

(e) Subpart E of this partimplements section 2(b) of theUnited States Housing Act of1937 (42 U.S.C. 1437), whichp r o v i d e s f o r r e s i d e n tmembership on the board ofdirectors or similar governingbody of a PHA. Subpart Eapplies to any public housing

agency that has a publichousing annual contributionsc o n t r a c t w i t h H U D o radministers tenant-based rentalunder section 8 of the UnitedStates Housing Act of 1937 (42U.S.C. 1437f).

(f) The term "resident," as usedth roughout th is part , isinterchangeable with the term"tenant," to reflect the fact thatlocal resident organizationshave differing preferences forthe terms. Terms such as"resident council" and "tenantc o u n c i l " a n d " r e s i d e n tmanagement" and "tenantm a n a g e m e n t " a r einterchangeable. Hereafter, forease of discussion, the rule willuse the terms resident, residentc o u n c i l a n d r e s i d e n tmanagement corporation, asappropriate.

§ 964.7 Definitions.

Eligible residents for FIC. Aparticipating resident of aparticipating HA. If the HA is

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combining FIC with the FamilySelf-Sufficiency (FSS) program,the term also means PublicHousing FSS and Section 8families participating in the FSSprogram. Although Section 8FSS families are e lig ib leresidents for FIC, they do notqualify for income exclusionsthat are provided for publichousing residents participatingin employment and supportiveservice programs.

HA means the same as PublicHousing Agency (PHA).

Management. All activities forwhich the HA is responsible toHUD under the ACC, within thedefinition of "operation" underthe Act and the ACC, includingthe development of residentprograms and services.

Management contract. Awritten agreement between ar e s i d e n t m a n a g e m e n tcorporation and a HA, asprovided by subpart C.

Public Housing Agency (PHA) isdefined in 24 CFR part 5.

Public housing development(Development). The term"development" has the samemeaning as that provided for"low-income housing project"as that term is defined inSection 3(b)(1) of the Act.

Resident management. Theperformance of one or moremanagement activities for oneor more projects by a residentmanagement corporation undera management contract withthe HA.

R e s i d e n t m a n a g e m e n t

corporation. An entity thatproposes to enter into, or entersinto, a contract to manage oneor more management activitiesof a HA.

Resident-owned business. Anybusiness concern which isowned and controlled by publichousing residents. (The term"residen t-ow ned business"includes sole proprietorships.)For purposes of this part,"owned and controlled" meansa business:

(1) Which is at least 51 percentowned by one or more publichousing residents; and

(2) Whose management anddaily business operations arecontrolled by one or more suchindividuals.

Supportive services for FIC.New or significantly expandedservices that are essential toproviding families living withchildren in public housing withbetter access to educational andemployment opportunities toachieve self- sufficiency andindependence.

§ 964.11 HUD policy on tenantparticipation.H U D p r o m o t e s r e s i d e n tparticipation and the activeinvolvement of residents in allaspects of a HA's overall missionand operation. Residents havea right to organize and elect aresident council to representtheir interests. As long asproper procedures are followed,the HA shall recognize the dulyelected resident council toparticipate fully through aworking relationship with theHA. HUD encourages HAs and

residents to work together todetermine the most appropriateways to foster constructivere lat ion sh ip s , pa rt icu la r lythrough duly elected residentcouncils.

§ 964.14 HUD policy onpartnerships.HUD promotes partnershipsbetween residents and HAsw h ic h a r e a n e s se n t ia lc o m p o n e n t to b u i l d in g ,strengthening and improvingpu b lic housing. S tron gpartnerships are critical forcreating positive changes inlifestyles thus improving thequality of life for public housingresidents, and the surroundingcommunity.

§ 964.15 HUD policy onresident management.It is HUD's policy to encourageresident management. HUDencourages HAs, residentc o u n c i l s a n d r e s i d e n tmanagement corporations toexplore the various functionsinvolved in management toi d e n t i f y a p p r o p r i a t eopportunities for contractingwith a resident managementcorporation. Potential benefitsof resident-managed entitiesinclude improved quality of life,experiencing the dignity ofmeaningful work, enablingresidents to choose where theywant to live, and meaningfulp a r t i c i p a t i o n i n t h emanagement of the housingdevelopment.

§ 964.16 HUD role in activitiesunder this part. (a) General. Subject to therequirements of this part andother requirements imposed onHAs by the ACC, statute or

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regulation, the form and extento f re s id e n t pa r t ic ip a t io nincluding resident managementare local decisions to be madej o i n t l y b y r e s i d e n tcouncils/resident managementcorporations and their HAs.HUD will promote tenantpart ic ipa t io n a n d te n a n topportunities programs, andw i l l p r o v i d e a d d i t i o n a lguidance, as necessary andappropriate. In addition, HUDwill endeavor to providet e c h n i c a l a s s i s t a n c e i nc o n n e c t i o n w i t h t h e s einitiatives.

(b) Monitoring. HUD shallensure that the requirementsunder this part are operatingefficiently and effectively.

§ 964.18 HA role in activitiesunder subparts B & C.(a) HAs with 250 units or more.

(1) A HA shall officiallyrecognize a duly electedresident council as the solerepresentative of the residents itpurports to represent, andsupport its tenant participationactivities.

(2 ) W hen requested byresidents, a HA shall providea p p r o p r ia te g u id a n c e t oresidents to assist them inestablishing and maintaining aresident council.

(3) A HA may consult withresidents, or resident councils (ifthey exist), to determine theextent to which residents desireto participate in activitiesinvolving their community,including the management ofspecific functions of a publichousing development that may

be mutually agreeable to theH A a n d t h e r e s i d e n tcouncil/resident managementcorporation.

(4) A HA shall provide theresidents or any resident councilw ith current inform ationconcerning the HA's policies ont e n a n t p a r t i c i p a t i o n i nmanagement.

(5) If requested, a HA shouldprovide a duly recognizedresident council office space andmeeting facilities, free of charge,p r e f e r a b l y w i t h i n t h edevelopment it represents. Ifthere is no community or rentalspace available, a request toapprove a vacant unit for thisnon-dwelling use will beconsidered on a case-by-casebasis.

(6) If requested, a HA shallnegotiate with the duly electedresident council on all uses ofcommunity space for meetings,recreation and social servicesand other resident participationactivities pursuant to HUDguidelines. Such agreementsshall be put into a writtendocument to be signed by theHA and the resident council. Ifa HA fails to negotiate with aresident council in good faith or,after negotiations, refuses top e r m i t s u c h u s a g e o fcommunity space, the residentcouncil may file an informalappeal with HUD, setting outthe circumstances and providingcopies of relevant materialse v id e n c in g th e r e s id e n tcouncil's efforts to negotiate awritten agreement. HUD shallrequire the HA to respond witha report stating the HA's reasonsfor rejecting the request or for

refusing to negotiate. HUDshall require the parties (with orw i t h o u t d i r e c t H U Dparticipation) to undertake or toresume negotiations on anagreement. If no resolution isachieved within 90 days fromthe date HUD required theparties to undertake or resumesuch negotiations, HUD shallserve notice on both parties thatadministrative remedies havebeen exhausted (except that,pursuant to mutual agreementof the parties, the time fornegotiations may be extendedby no more than an additional30 days).

(7) In no event shall HUD or aHA recognize a competingresident council once a dulyelected resident council hasbeen established. Any fundingof resident activities andresident input into decisionsconcerning public housingoperations shall be made onlythrough the officially recognizedresident council.

(8) The HA shall ensure opencommunication and frequentm e e t i n g s b e t w e e n H Amanagement and residentcouncils and shall encouragethe formation of joint HAmanagement-resident groups towork on issues and planning.

(9) The resident council shallhold frequent meetings with theresidents to ensure thatresidents have input, and areaware and actively involved inH A m a n ag e m e n t -re s ide n tcouncil decisions and activities.

(10) The HA and residentcouncil shall put in writing inthe form of a Memorandum of

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Understanding the elements oftheir partnership agreement andit shall be updated at least onceevery three (3) years.

(11) The HA, in collaborationwith the resident councils, shallassume the lead role fora s s u r i n g m a x i m u mopportunities for skills trainingfor public housing residents. Tothe extent possible, the trainingresources should be local toensure maximum benefit andon-going access.

(b) HAs with fewer than 250units.

(1) HAs with fewer than 250units of public housing have theoption of participating inprograms under this part.

(2) HAs shall not deny residentsthe opportunity to organize. Ifthe residents decide to organizeand form a resident council, theHA shall comply with thefollowing:

(i) A HA shall officiallyrecognize a duly electedresident council as the solerepresentative of the residents itpurports to represent, andsupport its tenant participationactivities.

(ii) When requested byresidents, a HA shall providea pp ro p r ia te g u ida n ce toresidents to assist them inestablishing and maintaining aresident council.

(iii) A HA shall provide theresidents or any resident councilw ith current inform ationconcerning the HA's policies ont e n a n t p a r t i c i p a t i o n i n

management.

(iv) In no event shall HUD or aHA officially recognize acompeting resident council oncea duly elected resident councilhas been established. If a dulyelected resident council hasbeen formed, any input intochanges concerning publichousing operations shall bemade only through the officiallyrecognized resident council.

§ 964.30 Other Programrequirements. In addition to the requirementsset forth in 24 CFR part 5, thefollowing Federal requirementsapply to this program:(a) Affirmative Outreach.

(1) The Affirmative FairHousing Marketing Programrequirements of 24 CFR part200, subpart M and theimplementing regulations at 24CFR part 108; and

(2) The fair housing advertisingand poster guidelines at 24 CFRparts 109 and 110.

(b) Title II of the Americanswith Disabilities Act of 1990 (42U . S . C . 1 2 1 3 1 ) a n dimplementing regulations at 28CFR part 35.

Subpart B–Tenant Participation

§ 964.100 Role of residentcouncil. The role of a resident council isto improve the quality of lifeand resident satisfaction andp a r t i c i p a t e i n s e l f - h e l pinitiatives to enable residents tocrea te a p o s i t iv e l iv in genvironment for families livingin public housing. Resident

councils may actively participatethrough a working partnershipwith the HA to advise and assistin all aspects of public housingoperations.

§ 964.105 Role o f th eju r isd ic t ion -w ide re s ide n tcouncil. (a) Jurisdiction-wide residentcouncil. Resident councils maycome together to form ano rg a n iz a t io n w h ic h c a nrepresent the interest ofresidents residing in units undera HA's jurisdiction. This can beaccomplished by the presidentsof duly elected resident councilsforming an organization, byresident councils electing ar e p r e s e n t a t i v e t o t h eorgan iza tion , o r throughjurisdiction-wide elections. Ifduly elected resident councilsform such an organization, theHA shall recognize it as thev o ic e o f a u th o r i t y -w id eresidents for input into housingauthority policy making.

(b) Function. The jurisdiction-wide council may advise theBoard of Commissioners andexecutive director in all areas ofHA operations, including butnot limited to occupancy,g e n e r a l m a n a g e m e n t ,maintenance, security, residenttraining, resident employment,s o c i a l s e r v i c e s a n dmodernization priorities.

(c) Cooperation with othergroups. There shall be regularlyscheduled meetings betweenthe HA and the local dulyelected resident council, and theju risd ic t ion -w ide re s ide n tcouncil to discuss problems,plan activities and reviewprogress.

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§ 964.115 Resident councilrequirements. A resident council shall consistof persons residing in publichousing and must meet each ofthe following requirements inorder to rece ive of fic ia lrecognition from the HA/HUD,and be eligible to receive fundsfor resident council activities,and stipends for officers for theirrelated costs for volunteer workin public housing:

(a) It may represent residentsresiding:

(1) In scattered site buildings;

(2) In areas of contiguous rowhouses; or

(3) In one or more contiguousbuildings;

(4) In a development; or

(5) In a combination of thesebuildings or developments;

(b) It must adopt writtenprocedures such as by-laws, or aconstitution which provides forthe election of residents to thegoverning board by the votingmembership of the residentsresiding in public housing,described in paragraph (b) ofthis section, on a regular basisbut at least once every three (3)years. The written proceduresmust provide for the recall ofthe resident board by the votingmembership. These provisionsshall allow for a petition orother expression of the votingmembership's desire for a recallelection, and set the number ofp e r c e n t a g e o f v o t i n gmembership ("threshold") whomust be in agreement in order

to hold a recall election. Thisthreshold shall not be less than10 percent of the votingmembership.

( c ) I t m u s t h a v e ad e m o c r a t i c a l l y e l e c t e dgoverning board that is electedby the voting membership. At aminimum, the governing boardshould consist of five (5) electedboard members.

The voting membership mustconsist of heads of households(any age) and other residents atleast 18 years of age or olderand whose name appears on alease for the unit in the publichousing that the residentcouncil represents.

§ 964.117 Resident councilpartnerships.A resident council may formpartnerships w ith outsideorganizations, provided thats u c h r e l a t i o n s h i p s a r ecomplementary to the residentcouncil in its duty to representthe residents, and provided thatsuch outside organizations donot become the governingentity of the resident council.

§ 9 6 4 . 1 2 0 R e s i d e n tm a n a g e m e n t c o rp o ra t io nrequirements.A re s id e n t m a n a g e m e n tcorporation must consist ofresidents residing in publichousing and have each of thefollowing characteristics inorder to rece ive offic ia lrecognition by the HA andHUD:

(a) It shall be a non-profitorganization that is validlyincorporated under the laws ofthe State in which it is located;

(b) It may be established bymore than one resident council,so long as each such council:

(1) Approves the establishmentof the corporation; and

(2) Has representation on theBoard of Directors of thecorporation;

(c) It shall have an electedBoard of Directors, and electionsmust be held at least once everythree (3) years;

(d) Its by-laws shall require theBoard of Directors to includeresident representatives of eachresident council involved inestablishing the corporation;include qualifications to run foroffice, frequency of elections,procedures for recall, and termlimits if desired.

(e) Its voting members shall beheads of households (any age)and other residents at least 18years of age and whose nameappears on the lease of a unit inthe public housing representedby the resident managementcorporation;

(f) Where a resident councila l r e a d y e x i s t s f o r t h edevelopment, or a portion ofthe development, the residentmanagement corporation shallbe approved by the residentcouncil board and a majority ofthe residents. If there is noresident council, a majority ofthe residents of the publichousing development it willrepresent must approve theestab lishm ent of such acorporation for the purposes ofmanaging the project; and

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(g) It may serve as both ther e s i d e n t m a n a g e m e n tcorporation and the residentcouncil, so long as thec o r p o r a t i o n m e e t s t h erequirements of this part for aresident council.

§ 964.125 Eligibility for residentcouncil membership.(a) Any member of a publichousing household whose nameis on the lease of a unit in thepublic housing developmentand meets the requirements ofthe by- laws is eligible to be amember of a resident council.The resident council mayestablish additional criteria thatare non-discriminatory and donot infringe on rights of otherresidents in the development.Such criteria must be stated inthe by-laws or constitution asappropriate.

(b) The right to vote for residentcouncil board shall be limited todesignated heads of households(any age) and other members ofthe household who are 18 yearsor older whose name appearson the lease of a unit in thepublic housing developmentrepresented by the residentcouncil.

(c) Any qualified votingmember of a resident councilwho meets the requirementsdescribed in the by-laws and isin compliance with the leasemay seek office and serve onthe resident council governingboard.

§ 964.130 Election proceduresand standards.At a minimum, a residentcouncil may use local electionboards/commissions. The

resident council shall use anindependent third-party tooversee elections and recallprocedures.

(a) Resident councils shalladhere to the fo llowingminimum standards regardingelection procedures:

(1) All procedures must assurefair and frequent elections ofresident council members--atleast once every three years foreach member.

(2) Staggered terms for residentco u n c i l governing b oa rdmembers and term limits shallbe discretionary with theresident council.

(3) Each resident council shalladopt and issue election andrecall procedures in their by-laws.

(4) The election proceduresshall include qualifications torun for office, frequency ofelections, procedures for recall,and term limits if desired.

(5) All voting members of theresident community must begiven sufficient notice (at least30 days) for nomination andelection. The notice shouldinclude a description of electionp r o c e d u r e s , e l i g i b i l i t yrequirements, and dates ofnominations and elections.

(b) If a resident council fails tosatisfy HUD minimum standardsfor fair and frequent elections,or fails to follow its ownelection procedures as adopted,HUD shall require the HA towithdraw recognition of theresident council and to withhold

resident services funds as wella s f u n d s p r o v i d e d i nconjunction with servicesr e n d e r e d f o r r e s i d e n tparticipation in public housing.

(c) HAs shall monitor theresident council election processand shall establish a procedureto appeal any adverse decisionrelating to failure to satisfy HUDminimum standards. Suchappeal shall be submitted to ajointly selected third-partyarbitrator at the local level. Ifcosts are incurred by using athird-party arbitrator, then suchcosts should be paid from theHAs resident services fundspursuant to § 964.150.

§ 964.135 Resident involvementin HA management operations. Residents shall be involved andparticipate in the overall policydevelopment and direction ofPublic Housing operations.

(a) Resident managementcorporations (RM Cs) maycontract with HAs to performone or more managementfunctions provided the residententity has received sufficienttraining and/or has staff withthe necessary expertise toperform the managem entfunctions and provided theRMC meets bonding andlicensing requirements.

(b) Residents shall be activelyinvolved in a HA's decision-making process and give adviceo n m a t t e r s s u c h a sm o d e r n iz a t i o n , s e c u r i t y ,maintenance, resident screeningand selection, and recreation.

( c ) W h i l e a H A h a sresponsibility for management

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operations, it shall ensurestrong resident participation inall issues and facets of itsoperations through the dulyelected resident councils atpublic housing developments,and with jurisdiction-wideresident councils.

(d) A HA shall work inpartnership with the dulyelected resident councils.

(e) HAs, upon request from theduly elected resident council,shall ensure that the dulyelected resident council officersas defined in subpart B of thispart, and other residents in thedevelopment are fully trainedand involved in developing andimplementing Federal programsincluding but not limited toComprehensive ImprovementAssistance Program (CIAP),Comprehensive Grant Program,U r b a n R e v i t a l i z a t i o nD e m o n s t r a t i o n , D r u gElimination, and FIC.

(f) HAs shall involve residentcouncil officers and otherinterested residents at thedevelopment through educationand direct participation in allphases of the budgetary process.

(g) Resident council officersshall be encouraged to becomeinvolved in the residentscreening and selection processfor prospective residents at thedevelopment. Those selected toperform resident screening andselection functions must betrained by the HA in residentscreening and selection andmust sign a legal documentcommitting to confidentiality.

§ 964.140 Resident training.

( a ) R e s i d e n t t r a i n i n gopportunities. HUD encouragesa partnership between theresidents, the HA and HUD, aswell as with the public and non-profit sectors to provide trainingopportunities for public housingresidents. The categories inwhich training could occurinclude, but are not limited to:

(1) Community organizationand leadership training;

(2) Organizational developmentt r a i n i n g f o r R e s i d e n tManagement Corporations andduly elected Resident Councils;

(3) Public housing policies,p r o g r a m s , r i g h t s a n dresponsibilities training; and

(4) Business entrepreneurialtraining, planning and job skills.

(b) Local training resources.HUD encourages the use of localtraining resources to ensure theongoing access ib ility andavailability of persons to providet r a i n i n g a n d t e c h n i c a lassistance. Possible trainingresources may include:

(1) Resident organizations;

(2) Housing authorities;

(3) Local community colleges,vocational schools; and

(4) HUD and other Federalagencies and other local public,priva te and non- pro fitorganizations.

§ 964.145 Conflict of interest.Resident council officers can notse rv e a s c o n t ra c tors o remployees if they are in policy

making or supervisory positionsat the HA.

§ 964.150 Funding tenantparticipation.(a) Funding duly electedr e s i d e n t c o u n c i l s a n djurisdiction wide residentcouncils.

(1) The HA shall provide fund itreceives for this purpose to theduly elected resident council ateach development and/or thoseju r i sd ic t io n -w ide cou n c i l seligible to receive the residentportion of the tenant servicesaccount to use for residentparticipation activities. Thisshall be an addition to thePerformance Funding System(PFS), as provided by 24 CFRpart 990, to permit HAs to fund$25 per unit per year for unitsrepresented by duly electedresident councils for residentse rv ic e s , su b ject to th eavailability of appropriations.Of this amount, $15 per unitper year would be provided tofund tenant partic ipationactivities under subpart B of thispart for duly elected residentcouncils and/or jurisdiction-wide councils and $10 per unitper year would be used by theHA to pay for costs incurred inc a r r y i n g o u t t e n a n tparticipation activities undersubpart B of this part, includingthe expenses for conductingelections, recalls or arbitrationrequired under § 964.130 insubpart B. This will guaranteethe resources necessary tocreate a bona fide partnershipamong the duly elected residentcouncils, the HA and HUD.W h e r e b o t h lo c a l a n djurisdiction-wide councils exist,the distribution will be agreed

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upon by the HA and therespective councils.

(2) If funds are availablethrough appropriations, the HAmust provide tenant servicesfunding to the duly electedresident councils regardless ofthe HA's financial status. Theresident council funds shall notbe impacted or restricted by theHA financial status and all saidfunds must be used for thepurpose set forth in subparts Band C of this part.

(3) The HA and the duly electedresident council a t eachdevelopment and/or thosejurisdiction-wide councils shallcollaborate on how the fundswill be distributed for tenantparticipation activities. Ifdisputes regarding fundingdecisions arise between theparties, the matter shall bereferred to the Field Office forintervention. HUD Field Officeshall require the parties toundertake further negotiationsto resolve the dispute. If noresolution is achieved within 90days from the date of the FieldOffice intervention, the FieldOffice shall refer the matter toHUD Headquarters for finalresolution.

(b) Stipends.

(1) HUD encourages HAs toprovide stipends to residentcouncil officers who serve asvolunteers in their publichousing developments. Theamount of the stipend, up to$200 per month/per officer,shall be decided locally by theresident council and the HA.Subject to appropriations, thestipends will be funded from the

resident council's portion of theoperating subsidy funding forresident council expenses($15.00 per unit per year).

(2) Pursuant to § 913.106,stipends are not to be construedas salaries and should not bein c lu de d a s incom e forcalculation of rents, and are notsubject to conflict of interestrequirements.

(3) Funding provided by a HAto a duly elected residentcouncil may be made onlyunder a written agreementbetween the HA and a residentcouncil, which includes aresident council budget andassurance that all residentcouncil expenditures will notcontravene provisions of lawand will promote serviceability,e ff ic ie n c y , e c o n om y an dstability in the operation of thelocal development. Theagreement must require thelocal resident council to accountto the HA for the use of thefunds and permit the HA toinspect and audit the residentcouncil's financial recordsrelated to the agreement.

Subpart E–Resident BoardMembers

§ 964.405 Applicability.(a) General. Except as describedin paragraph (b) of this section,this subpart applies to anypublic housing agency that hasa public housing annualcontributions contract withHUD or administers tenant-based rental assistance undersection 8 of the United StatesHousing Act of 1937 (42 U.S.C.1437f).

( b ) E x c e p t i o n s . T h erequirements of this subpart donot apply to a public housingagency that is:

(1) Located in a State thatrequires the members of agoverning board to be salariedand to serve on a full-time basis;or

(2) Not governed by agoverning board.

§ 9 6 4 . 4 1 0 A d d i t i o n a ldefinitions.T h e fo llow in g add it ion a ldefinitions apply to this subpartonly:

Directly assisted. Directlyassisted means a public housingresident or a recipient ofhousing assistance in thetenant-based section 8 program.Direct assistance does notinclude any State financedhousing assistance or Section 8project-based assistance.

Eligible resident. An eligibleresident is a person:

(1) Who is directly assisted by apublic housing agency;(2) Whose name appears on thelease; and(3) Is eighteen years of age orolder.

Governing board. Governingboard means the board ofdirectors or similar governingbody of a public housingagency.

Resident board member. Aresident board member is amember of the governing boardwho is directly assisted by thatpublic housing agency.

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§ 964.415 Resident boardmembers.(a) General. Except as providedin §§ 964.405(b) and 964.425,th e m em b e rsh ip of th egoverning board of each publichousing agency must containnot less than one eligibleresident board member.

(b) Resident board member nolonger directly assisted.

(1) A resident board memberwho ceases to be directlyassisted by the public housingagency is no longer an "eligibleresident" as defined in §964.410.

(2) Such a board member maybe removed from the PHAboard for that cause, wheresuch action is permitted underState or local law.

(3) Alternatively, the boardmember may be allowed tocomplete his/her current termas a member of the governingboard. However, the boardmember may not be re-appointed (or re-elected) to thegoverning board for purposes ofserving as the statutorilyre q u i re d re s id e n t b o a rdmember.

(c) Minimum qualifications forboard membership. Anyg e n e r a l l y a p p l i c a b l eq u a l i f i c a t io n s fo r b o a r dmembership also apply toresidents, unless the applicationof the requirements wouldresult in the governing boardnot containing at least oneeligible resident as a member.Further, PHAs and localitiesmay not establish eligibilityr e q u i r e m e n t s fo r b o a r d

membership that are solelyapplicable to residents.

§ 964.420 Resident boardmember may be elected. (a) General. Residents directlyassisted by a public housingagency may elect a residentboard member if provided for inthe public housing agency plan,adopted in accordance with 24CFR part 903.

(b) Notice to residents. Thepublic housing agency mustprovide residents with at least30 days advance notice fornominations and elections. Thenotice shou ld inc lude adescription of the electionp r o c e d u r e s , e l i g i b i l i t yrequirements, and dates ofnominations and elections. Anyelection procedures devised bythe public housing agency mustfacilitate fair elections.

§ 964.425 Small public housingagencies.(a) General. The requirementsof this subpart do not apply toany public housing agency that:

(1) Has less than 300 publichousing units (or has no publichousing units):

(2) Has provided reasonablenotice to the resident advisoryboard of the opportunity forresidents to serve on thegoverning board;

(3) Has not been notified of theintention of any resident toparticipate on the governingboard within a reasonable time(which shall not be less than 30days) of the resident advisoryboard receiving the noticedescribed in paragraph (a)(3) of

this section; and

(4) Repeats the requirements ofparagraphs (a)(2) and (a)(3) ofthis section at least once everyyear.

(b) Public housing agencies thatonly administer Section 8assistance. A public housingagency that has no publichousing units, but administersS e c t i o n 8 t e n a n t -b a s e dassistance, is eligible for thee x c e p t i o n d e s c r i b e d i nparagraph (a) of this section,regardless of the number ofS e c t i o n 8 v o u c h e r s i tadministers.

( c ) F a i l u r e t o m e e trequirements for exception. Apublic housing agency that isotherwise eligible for thee x c e p t i o n d e s c r i b e d i nparagraphs (a) and (b) of thissection, but does not meet thethree conditions described inparagraphs (a)(2) through(a)(4) of this section, mustcomply with the requirementsof this subpart.

§ 964.430 Nondiscrimination.(a) Membership status.--

(1) General. A resident boardmember is a full member of thegoverning board.

(2) Resident participation mustinclude matters regardingFederal public housing andS e c t i o n 8 t e n a n t -b a s e dassistance. A resident boardmember must be allowed totake part in decisions related tothe administration, operation,and management of Federalpublic housing programs andSection 8 tenant-based rental

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assistance programs. This ruledoes not extend to matters that:

(i) Exclusively relate to othertypes of housing assistance(such as State financed housingassistance); or

(ii) Do not involve housingassistance (as may occur wherethe city or county governingbody also serves as the PHAboard).

(3) Public housing agency mayexpand scope of residentparticipation. A public housingagency may choose to expand

the scope of resident memberinvolvement to matters notrequired under paragraph (a)(2)of this section.

(b) Residence status. Agoverning board may notprohibit any person fromserving on the governing boardbecause that person is a residentof a public housing project or isassisted under section 8 of theUnited States Housing Act of1937 (42 U.S.C. 1437f).

(c) Conflict of interest. Agoverning board may notexclude any resident board

member from participating inany matter before the governingboard on the grounds that theresident board member's leasewith the public housing agency,or the resident board member'sstatus as a public housingresident or recipient of Section 8tenant-based assistance, eitherresults or may result in aconflict of interest, unless thematter is clearly applicable tothe resident board member onlyin a personal capacity andapplies uniquely to thatmember and not generally toresidents or to a subcategory ofresidents.

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B. SECTION 8 HOUSING: TITLE 24, PART 245.5 OF THEC O D E O F F E D E R A LREGULATIONS

Subpart A--General ProvisionsS u b p a r t B - - T e n a n tOrganizations

[Code of Federal Regulations][Title 24, Volume 2][Revised as of April 1, 2002]From the U.S. GovernmentPrinting Office [CITE: 24CFR245.5]

PART 245--T e n a n t P a r t i c i p a t i o n i nMultifamily Housing Projects--

Subpart A--General ProvisionsSec. 245.5 Purpose.The purpose of this part is torecognize the importance andbenefits of cooperation andparticipation of tenants increating a suitable livingenvironment in multifamilyhousing projects and incontributing to the successfuloperation of such projects,including their good physicalcondition, proper maintenance,security, energy efficiency, andcontrol of operating costs.

Sec. 245.10 Applicability ofpart.(a) Except as otherw iseexpressly limited in this section,this part applies in its entirety toa mortgagor of any multifamilyhousing project that meets thefollowing--(1) Project subject to HUDinsured or held mortgage underthe National Housing Act. Theproject has a mortgage that--( i ) H a s r e c e i v e d f i n a lendorsement on behalf of theSecretary and is insured or held

by the Secretary under theNational Housing Act (12 U.S.C.1701--1715z-20); and(ii) Is assisted under:(A) Section 236 of the NationalHou sing A ct (12 U .S .C.1715z-1);(B) The Section 221(d)(3) BMIRProgram;(C) The Rent SupplementProgram;(D) The Section 8 LoanManagement Set-Aside Programfollowing conversion to suchassistance from the RentSupplement Program assistance;(2) Formerly HUD-ownedproject. The project--(i) Before being acquired by theSecretary, was assisted under:(A) Section 236 of the NationalH ousing A ct (12 U .S .C .1715z-1);(B) The Section 221(d)(3) BMIRProgram;(C) The Rent SupplementProgram; or(D) The Section 8 LMSAProgram following conversionto such a ssistance fromassistance under the RentSupplement Program; and(ii) Was sold by the Secretarysubject to a mortgage insured orheld by the Secretary and anagreement to maintain the low-and moderate-income characterof the project;(3) State or local housingfinance agency project. Theproject receives assistance undersection 236 of the NationalHousing Act (12 U .S .C .1 7 1 5 z - 1 ) o r t h e R e n tS u p p l e m e n t P r o g r a madministered through a State orlocal housing finance agency,but does not have a mortgage insured under the NationalHousing Act or held by theSecretary. Subject to the further

limitation in paragraph (b) ofthis section, only the provisionsof subparts A and C of this partand of subpart D of this part forrequests for approval of aconversion of a project fromp r o j e c t - p a i d u t i l i t i e s t otenant-paid utilities or of areduction in tenant utilitya l lo w a n ce s , a pp ly to amortgagor of such a project;(4) The project rece ivesproject-based assistance undersection 8 of the United StatesHousing Act of 1937 (thisregulation does not covertenant participation in PHAst h a t a d m i n i s t e r s u c hproject-based assistance);(5) The project receivesenhanced vouchers under theL o w - I n c o m e H o u s i n gPreservation and ResidentHomeownership Act of 1990,the provisions of the EmergencyL o w I n c o m e H o u s i n gPreservation Act of 1987, or theMultifamily Assisted HousingReform and Affordability Act of1997, as amended;(6) The project rece ivesassistance under the Section202 Direct Loan program or theSection 202 Supportive Housingfor the Elderly program; or(7) The project rece ivesassistance under the Section811 Supportive Housing forPerson s w ith D isab il it ie sprogram.(b) Limitation for cooperativemortgagor. Only the provisionsof subparts A and C of this partapply to a mortgagor of anymultifamily housing projectdescribed in paragraph (a) ofthis section if the mortgagor is acooperative housing corporationor association.(c) Definitions.Rent Supplement Program

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means the assistance programauthorized by section 101 of theH o u s i n g a n d U r b a nDevelopment Act of 1965 (12U.S.C. 1701s).Section 8 LMSA Program meanst h e S e c t i o n 8 L o a nManagement Set-Aside Programimplemented under 24 CFR part886, subpart A.Se c t ion 22 1(d ) (3) B M IRP r o g r a m m e a n s t h ebelow-market interest ratemortgage insurance programunder section 221(d)(3) and theproviso of section 221(d)(5) ofthe National Housing Act (12U . S .C . 1 7 1 5 l ( d ) ( 3 ) a n d1715l(d)(5)).

Sec. 245.15 Notice to tenants.(a) Whenever a mortgagor isrequired under subparts D or Eof this part to serve notice onthe tenants of a project, thenotice must be served bydelivery, except, for a high-riseproject, the notice may beserved either by delivery or byposting. If service is made bydelivery, a copy of the noticemust be delivered directly toeach unit in the project ormailed to each tenant. If serviceis made by posting, the noticemust be posted in at least threeconspicuous places within eachbuilding in which the affecteddwelling units are located and,during any prescribed tenantperiod, in a conspicuous place atthe address stated in the noticewhere the materials in supportof the mortgagor's proposedaction are to be made availablefor inspection and copying. Posted no t ice s m ust bemaintained intact and in legibleform during any prescribednotice period.(b) For purposes of computing

time periods following service ofnotice, service is effected, in thecase of service by delivery,when all notices have beendelivered or mailed and, in thecase of service by posting, whenall notices have been initiallyposted. S u b p a r t B - - T e n a n tOrganizationsSec. 245.100 Right of tenants toorganize.

The tenants of a multifamilyhousing project covered underSec. 245.10 have the right toestablish and operate a tenantorganization for the purpose ofaddressing issues related to theirliving environment, whichin clu d e s th e te rm s an dconditions of their tenancy aswell as activities related tohou sing an d com m u n itydevelopment.

Sec. 245.105 Recognition oftenant organizations.Owners of multifamily housingprojects covered under Sec.245.10, and their agents, must:(a) Recognize legitimate tenantorganizations; and (b) Givereasonable consideration toconcerns raised by legitimatetenant organizations.

Sec. 245.110 Legitimate tenantorganizations.A tenant organization islegitimate if it has beenestablished by the tenants of amultifamily housing projectcovered under Sec. 245.10 forthe purpose described in Sec.245.100, and meets regularly,operates democratically, isrepresentative of all residents inthe development, and iscompletely independent of

owners, management, and theirrepresentatives.

Sec. 245.115 Protectedactivities.(a) Owners of multifamilyhousing projects covered underSec. 245.10, and their agents,must allow tenants and tenantorganizers to conduct thefollowing activities related tothe establishment or operationof a tenant organization:(1) Distributing leaflets in lobbyareas;(2) Placing leaflets at or undertenants' doors;(3) Distributing leaflets incommon areas;(4) Initiating contact withtenants;(5) Conducting door-to-doorsurveys of tenants to ascertaininterest in establishing a tenantorganization and to offerinformation about tenantorganizations;(6) Posting information onbulletin boards;(7) A ssist ing tenants top a r t i c i p a t e i n t e n a n torganization activities;(8 ) C on v e n in g re g u la rlyscheduled tenant organizationmeetings in a space on site andaccessible to tenants, in am a n n e r t h a t i s f u l l yindependent of managementrepresentatives. In order topreserve the independence oft e n a n t o r g a n i z a t i o n s ,management representativesmay not attend such meetingsunless invited by the tenanto r g a n iz a t io n t o s p e c i f i cmeetings to discuss a specificissue or issues; and(9) Formulating responses toowner's requests for:(i) Rent increases;(ii) Partial payment of claims;

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(iii) The conversion fromproject-based paid utilities totenant-paid utilities;(iv) A reduction in tenant utilityallowances;(v) Converting residential unitst o n o n - r e s i d e n t i a l u s e ,c o ope ra t iv e h o u s in g , o rcondominiums;(vi) Major capital additions; and(vii) Prepayment of loans.(b) In addition to the activitieslisted in paragraph (a) of thissection, owners of multifamilyhousing projects covered underSec. 245.10, and their agents,must allow tenants and tenantorganizers to conduct otherreasonable activities related tothe establishment or o p e r a t i o n o f a t e n a n torganization.(c) Owners of multifamilyhousing projects and theiragents shall not require tenantsand tenant organizers to obtainp r io r p e r m is s io n b e fo r eengaging in the activitiespermitted under paragraphs (a)and (b) of this section.

Sec. 245.120 Meeting space.(a) Owners of multifamilyhousing projects covered underSec. 245.10, and their agents,must reasonably make availablethe use of any community roomor other availab le spaceappropriate for meetings that ispart of the multifamily housingproject when requested by:(1) Tenants or a tenantorganization and used foract iv it ies re la ted to th eopera t ion of the tenantorganization; or(2) Tenants seeking to establisha tenant organization orcollectively address issuesr e l a t e d t o t h e i r l iv in genvironment.

(b ) Te n a n t a n d te n a n torganization meetings must beaccessible to persons withdisabilities, unless this isimpractical for reasons beyondthe organization's control. If thecomplex has an accessiblecommon area or areas, it willnot be impractical to makeorganizational meetings accessible to persons withdisabilities.(c) Fees. An owner of amultifamily housing projectcovered under Sec. 245.10 maycharge a reasonable, customaryand usual fee, approved by theSecretary as may normally beimposed for the use of suchfacilities in accordance withprocedures prescribed by theSecretary, for the use ofmeeting space. An owner maywaive this fee.

Sec. 245.125 Tenant organizers.(a) A tenant organizer is atenant or non-tenant whoassists tenants in establishingan d o p e ra t in g a ten an torganization, and who is not anemployee or representative ofcurrent or prospective owners,managers, or their agents.(b) Owners of multifamilyhousing projects covered underSec. 245.10, and their agents,must allow tenant organizers toassist tenants in establishing andoperating tenant organizations.( c ) N o n - t e n a n t t e n a n torganizers. (1) If a multifamilyhousing project covered underSec. 245.10 has a consistentlyenforced, written policy againstcanvassing, then a non-tenanttenant organizer must beaccompanied by a tenant whileon the property of themultifamily housing project,except in the case of recipients

o f H U D O u t re a c h a n dAssistance Training Grants(``OTAG'') or other direct HUDgrants designed to enablerecipients to provide educationand outreach to tenantsc o n c e r n i n g H U D ' smark-to-market program (see24 CFR parts 401 and 402), whoare conducting eligible activitiesas defined in the applicableNotice of Funding Availabilityfor the grant or other effectivegrant document.(2) If a multifamily housingproject covered under Sec.245.10 has a written policyfav orin g canvassin g , an ynon-tenant tenant organizermust be afforded the sameprivileges and rights of access asother uninvited outside partiesin the normal course ofoperations. If the project doesnot have a consis tentlyenforced, written policy againstcanvassing, the project shall betreated as if it has a policyfavoring canvassing.

Sec. 245.130 Tenants' rightsnot to be re-canvassed.A tenant has the right not to bere-canvassed against his or herwishes regarding participationin a tenant organization.

Sec. 245.135 Enforcement.(a) Owners of housing identifiedin Sec. 245.10, and their agents,as well as any principals thereof(as defined in 24 CFR 24.105),who violate any provision ofthis subpart so as to interferewith the organizational andparticipatory rights of tenants,may be liable for sanctionsunder 24 CFR part 24. Suchsanctions may include:(1) Debarment. A person who isdebarred is prohibited from

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future participation in Federalprograms for a period of time.T h e sp e c i f i c r u l e s a n dr e g u l a t i o n s r e l a t i n g t odebarment are found at 24 CFRpart 24, subpart C.(2) Suspension. Suspension is atemporary action with the sameeffect as debarment, to be takenw hen there is adequateevidence that a cause fordebarment may exist and

immediate action is needed toprotect the public interest. Thespecific rules and regulationsrelating to suspension are foundat 24 CFR part 24, subpart D.( 3 ) L i m i t e d D e n i a l o fParticipation. An LDP generallyexcludes a person from futureparticipation in the Federalprogram under which the causearose. The duration of an LDP is

generally up to 12 months. Thespecific rules and regulationsrelating to LDPs are found at 24CFR subpart G.(b) These sanctions may alsoapply to affiliates (as defined in24 CFR part 24) of thesepersons or entities.(c) The procedures in 24 CFRpart 24 shall apply to actionsunder this subpart.

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C. FAIR HOUSING :

TITLE 24, PART 100 OF THE

C O D E O F F E D E R A L

REGULATIONS

Subpart A--General

Subpart B--D i s c r i m i n a t o r y H o u s i n gPractices

Subpart C--Discrimination in ResidentialReal Estate-Related Transactions

Subpart D--P r o h i b i t i o n A g a i n s tDiscrim ination Because ofHandicap

Subpart E--Housing for Older Persons

Subpart F--Interference , Coercion orIntimidation

[Code of Federal Regulations][Title 24, Volume 1][Revised as of April 1, 2002]From the U.S. GovernmentPrinting Office via GPO Access[CITE: 24CFR100.1]

PART 100--Discriminatory Conduct underthe Fair Housing Act--

Subpart A--GeneralSec. 100.1 Authority.This regulation is issued underthe authority of the Secretary ofH o u s i n g a n d U r b a nDevelopment to administer andenforce title VIII of the CivilRights Act of 1968, as amendedb y t h e F a i r H o u s i n gAmendments Act of 1988 (theFair Housing Act).

Sec. 100.5 Scope.

(a) It is the policy of the UnitedStates to provide, withinconstitutional limitations, forfair housing throughout theUnited States. No person shallbe subjected to discriminationbecause of race, color, religion,sex, handicap, familial status, ornational origin in the sale,rental, or advertis ing ofdwellings, in the provision ofbrokerage services, or in theavailability of residential realestate-related transactions.(b) This part provides theDepartment's interpretation ofthe coverage of the Fair HousingAct regarding discriminationrelated to the sale or rental ofdwellings, the provision ofs e r v i c e s i n c o n n e c t i o ntherewith, and the availabilityof residential real estate-relatedtransactions.(c) Nothing in this part relievespersons participating in aFederal or Federally-assistedprogram or activity from otherrequirements applicable tobuildings and dwellings.

Sec. 100.10 Exemptions.(a) This part does not:(1) Proh ib i t a re l ig iou sorganization, association, orsociety, or any nonprofitinstitution or organizationo p e ra te d , su p e rv is e d o rcontrolled by or in conjunctionwith a religious organization,association, or society, fromlimiting the sale, rental oroccupancy of dwellings which itowns or operates for other thana commercial purpose topersons of the same religion, orfrom giving preference to suchpersons, unless membership insuch religion is restrictedbecause of race, color, ornational origin;

(2) Prohibit a private club, notin fact open to the public,which, incident to its primarypurpose or purposes, provideslodgings which it owns oroperates for other than acommercial purpose, fromlimiting the rental or occupancyof such lodgings to its membersor from giving preference to itsmembers;(3) Limit the applicability of anyreasonable local, State orFederal restrictions regardingthe maximum number ofoccupants permitted to occupy adwelling; or(4) Prohibit conduct against aperson because such person hasbeen convicted by any court ofcompetent jurisdiction of thei l l e g a l m a n u f a c t u r e o rdistribution of a controlledsubstance as defined in section1 0 2 o f t h e C o n t r o l l e dSubstances Act (21 U.S.C. 802).(b) Nothing in this partregarding discrimination basedon familial status applies withrespect to housing for olderpersons as defined in subpart Eof this part.(c) Nothing in this part, otherthan the prohibitions againstd iscrim inatory advertising,applies to:(1) The sale or rental of anysingle family house by anowner, provided the followingconditions are met:(i) The owner does not own orhave any interest in more thanthree single family houses atany one time.(ii) The house is sold or rentedwithout the use of a real estatebroker, agent or salesperson orthe facilities of any person inthe business of selling or rentingdwellings. If the owner sellingthe house does not reside in it

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at the time of the sale or wasnot the most recent resident ofthe house prior to such sale, theexemption in this paragraph(c)(1) of this section applies toonly one such sale in any24-month period.(2) Rooms or units in dwellingscontaining living quartersoccupied or intended to beoccupied by no more than fourfamilies living independently ofeach other, if the owneractually maintains and occupiesone of such living quarters ashis or her residence.

Sec. 100.20 Definitions.The terms Department, FairHousing Act, and Secretary aredefined in 24 CFR part 5.Aggrieved person includes anyperson who--(a) Claims to have been injuredby a discriminatory housingpractice; or(b) Believes that such personw i l l b e i n j u r e d b y adiscriminatory housing practicethat is about to occur.Broker or Agent includes anyperson authorized to perform anaction on behalf of anotherperson regarding any matterrelated to the sale or rental ofdwellings, including offers,solicitations or contracts and theadm inistration of m attersr e g a r d i n g s u c h o f f e r s ,solicitations or contracts or anyresidential real estate-relatedtransactions.Discriminatory housing practicemeans an act that is unlawfulunder section 804, 805, 806, or818 of the Fair Housing Act.Dwelling means any building,structure or portion thereofwhich is occupied as, ordesigned or intended foroccupancy as, a residence by

one or more families, and anyvacant land which is offered forsale or lease for the constructionor location thereon of any suchbuilding, structure or portion thereof.Familial status means one ormore individuals (who have notattained the age of 18 years)being domiciled with--(a) A parent or another personhaving legal custody of suchindividual or individuals; or(b) The designee of such parentor other person having suchcustody, with the writtenpermission of such parent orother person.The protections afforded againstdiscrimination on the basis offamilial status shall apply to anyperson who is pregnant or is inthe process of securing legalcustody of any individual whohas not attained the age of 18years.Handicap is defined in Sec.100.201.Person includes one or morein d iv id u a ls , co rpo ra t ion s ,partnerships, associations, laboro r g a n i z a t i o n s , l e g a lr e p r e s e n t a t i v e s , m u t u a lc o m p a n i e s , j o i n t - s t o c kc o m p a n i e s , t r u s t s ,unincorporated organizations,trustees, trustees in cases undertitle 11 U.S.C., receivers, andfiduciaries.Person in the business of sellingor renting dwellings means anyperson who:(a) Within the preceding twelvemonths, has participated asprincipal in three or moretransactions involving the saleor rental of any dwelling or anyinterest therein;(b) Within the preceding twelvemonths, has participated asagent, other than in the sale of

his or her own personalresidence, in providing sales orrental facilities or sales or rentalservices in two or moretransactions involving the saleor rental of any dwelling or anyinterest therein; or(c) Is the owner of any dwellingdesigned or intended foroccupancy by, or occupied by,five or more families.State means any of the severalstates, the District of Columbia,the Commonwealth of PuertoRico, or any of the territoriesand possessions of the UnitedStates.

Subpart B--D iscrim inatoryHousing PracticesSec. 100.50 Real estatepractices prohibited.(a) This subpart provides theDepartment's interpretation ofconduct that is unlawfulhousing discrimination undersection 804 and section 806 ofthe Fair Housing Act. In generalthe prohibited actions are setforth under sections of thissubpart which are m ostapplicable to the discriminatoryconduct described. However, anaction illustrated in one sectioncan constitute a violation undersections in the subpart. Forexample, the conduct describedin Sec. 100.60(b)(3) and (4)would constitute a violation ofSec. 100.65(a) as well as Sec.100.60(a).(b) It shall be unlawful to:(1) Refuse to sell or rent adwelling after a bona fide offerhas been made, or to refuse tonegotiate for the sale or rentalof a dwelling because of race,color, religion, sex, familialstatus, or national origin, or todiscriminate in the sale or rentalof a dwelling because of

35


handicap.(2) Discriminate in the terms,conditions or privileges of saleor rental of a dwelling, or in theprovision of services or facilitiesin connection with sales orrentals, because of race, color,religion, sex, handicap, familialstatus, or national origin.(3) Engage in any conductrelating to the provision ofhousing which otherwise makesunavailable or denies dwellingsto persons because of race,color, religion, sex, handicap,familial status, or nationalorigin.(4) Make, print or publish, orcause to be made, printed orp u b l i s h e d , a n y n o t i c e ,statement or advertisementwith respect to the sale or rentalof a dwelling that indicates anypre fe rence , l im ita t ion ordiscrimination because of race,color, religion, sex, handicap, familial status, or nationalorigin, or an intention to makeany such preference, limitationor discrimination.(5) Represent to any personbecause of race, color, religion,sex, handicap, familial status, ornational origin that a dwelling isnot available for sale or rentalwhen such dwelling is in factavailable.(6) Engage in blockbustingpractices in connection with thesale or rental of dwellingsbecause of race, color, religion,sex, handicap, familial status, ornational origin.(7) D e n y access to ormembership or participation in,or to discriminate against anyperson in his or her access to ormembership or participation in,any multiple-listing service, realestate brokers' assocation, orother service organization or

facility relating to the businessof selling or renting a dwellingor in the terms or conditions ormembership or participation,because of race, color, religion,sex, handicap, familial status, ornational origin.(c) The application of the FairHousing Act with respect topersons with handicaps isdiscussed in subpart D of thispart.

Sec. 100.60 Unlawful refusal tosell or rent or to negotiate forthe sale or rental.(a) It shall be unlawful for aperson to refuse to sell or rent adwelling to a person who hasmade a bona fide offer, becauseof race, color, religion, sex,familial status, or national originor to refuse to negotiate with aperson for the sale or rental of adwelling because of race, color,religion, sex, familial status, orn a t i o n a l o r i g i n , o r t odiscriminate against any personin the sale or rental of adwelling because of handicap.(b) Prohibited actions under thissection include, but are notlimited to:(1) Failing to accept or considera bona fide offer because ofrace, color, religion, sex,handicap, familial status, ornational origin.(2) Refusing to sell or rent adwelling to, or to negotiate forthe sale or rental of a dwellingwith, any person because ofrace, color, religion, sex,handicap, familial status, ornational origin.(3) Imposing different salesprices or rental charges for thesale or rental of a dwelling uponany person because of race,color, religion, sex, handicap,familial status, or national

origin.(4) Using different qualificationcriteria or applications, or saleo r re n ta l s t a n d a r d s o rprocedures, such as incomes t a n d a r d s , a p p l i c a t i o nrequirements, application fees,credit analysis or sale or rentalapproval procedures or otherrequirements, because of race,color, religion, sex, handicap,familial status, or nationalorigin.(5) Evicting tenants because oftheir race, color, religion, sex,handicap, familial status, ornational origin or because of therace, color, religion, sex,handicap, familial status, ornational origin of a tenant'sguest.

Sec. 100.65 Discrimination interms, conditions and privilegesand in services and facilities.(a) It shall be unlawful, becauseof race, color, religion, sex,handicap, familial status, ornational origin, to imposedifferent terms, conditions orprivileges relating to the sale orrental of a dwelling or to denyor limit services or facilities inconnection with the sale orrental of a dwelling.(b) Prohibited actions under thissection include, but are notlimited to:(1) Using different provisions inleases or contracts of sale, suchas those relating to rentalcharges, security deposits andthe terms of a lease and thoserelating to down payment andclosing requirements, because ofrace, color, religion, sex,handicap, familial status, ornational origin.(2 ) Fa i l in g o r de la y in gmaintenance or repairs of saleor rental dwellings because of

36


race, color, religion, sex,handicap, familial status, ornational origin.(3) Failing to process an offerfor the sale or rental of adwelling or to communicate anoffer accurately because of race,color, religion, sex, handicap,familial status, or nationalorigin.(4) Limiting the use ofprivileges, services or facilitiesassociated with a dwellingbecause of race, color, religion,sex, handicap, familial status, ornational origin of an an owner,tenant or a person associatedwith him or her.(5) Denying or limiting servicesor facilities in connection withthe sale or rental of a dwelling,because a person failed orrefused to provide sexual favors.

Sec. 100.70 Other prohibitedsale and rental conduct.(a) It shall be unlawful, becauseof race, color, religion, sex,handicap, familial status, ornational origin, to restrict orattempt to restrict the choices ofa person by word or conduct inconnection w ith seeking,negotiating for, buying orrenting a dwelling so as top e r pe tu a t e , o r t e n d t operpetuate, segregated housingpatterns, or to discourage oro b s t r u c t c h o i c e s i n acommunity, neighborhood ordevelopment. (b) It shall be unlawful,because of race, color, religion,sex, handicap, familial status, ornational origin, to engage inany conduct relating to theprovision of housing or ofservices and facil it ies inconnection therewith thatotherwise makes unavailable ordenies dwellings to persons.

(c) Prohibited actions underparagraph (a) of this section,which are generally referred toas unlawful steering practices,include, but are not limited to:(1) Discouraging any personfrom inspecting, purchasing orrenting a dwelling because ofrace, color, religion, sex,handicap, familial status, ornational origin, or because ofthe race, color, religion, sex,handicap, familial status, ornational origin of persons in acommunity, neighborhood ordevelopment.(2) Discouraging the purchaseor rental of a dwelling becauseof race, color, religion, sex,handicap, familial status, ornational origin, by exaggeratingdrawbacks or failing to informany person of desirable featuresof a dw elling or of acommunity, neighborhood, ordevelopment.(3) Communicating to anyprospective purchaser that he orshe would not be comfortable orcom patib le w ith ex ist in gresidents of a community,neighborhood or developmentbecause of race, color, religion,sex, handicap, familial status, ornational origin.(4) Assigning any person to ap a r t i cu la r se c t io n o f acommunity, neighborhood ordevelopment, or to a particularfloor of a building, because ofrace, color, religion, sex,handicap, familial status, ornational origin.(d) Prohibited activities relatingto dwellings under paragraph(b) of this section include, butare not limited to:(1) Discharging or taking otheradverse action against anemployee, broker or agentbecause he or she refused to

participate in a discriminatoryhousing practice.(2) Employing codes or otherdevices to segregate or rejectappl ican ts, purchasers orrenters, refusing to take or toshow listings of dwellings incertain areas because of race,color, religion, sex, handicap,familial status, or nationalorigin, or refusing to deal withcertain brokers or agentsbecause they or one or more oftheir clients are of a particularrace, color, religion, sex,handicap, familial status, ornational origin.(3) Denying or delaying theprocessing of an applicationmade by a purchaser or renteror refusing to approve such aperson for occupancy in acooperative or condominiumdwelling because of race, color,religion, sex, handicap, familialstatus, or national origin.(4) R e fus ing to prov idemunicipal services or propertyor hazard insurance fordwellings or providing suchservices or insurance differentlybecause of race, color, religion,sex, handicap, familial status, ornational origin.

Sec. 100.75 Discriminatoryadvertisements, statements andnotices.

(a) It shall be unlawful to make,print or publish, or cause to bemade, printed or published, anyn o t i c e , s t a t e m e n t o radvertisement with respect tothe sale or rental of a dwellingwhich indicates any preference,limitation or discriminationbecause of race, color, religion,sex, handicap, familial status, ornational origin, or an intentionto make any such preference,

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limitation or discrimination.(b) The prohibitions in thissection shall apply to all writtenor oral notices or statements bya person engaged in the sale orrental of a dwelling. Writtennotices and statements includea n y a p p l i ca t io n s , f l ie r s ,b roch u re s , d e e d s , s ig n s ,banners, posters, billboards orany documents used withrespect to the sale or rental of adwelling.(c) Discriminatory notices,statements and advertisementsinclude, but are not limited to: (1) Using words, phrases,photographs, i l lu strat ions,symbols or forms which conveythat dwellings are available ornot available to a particulargroup of persons because ofrace, color, religion, sex,handicap, familial status, ornational origin.(2) Expressing to agents,brokers, employees, prospectivesellers or renters or any otherpersons a preference for orlimitation on any purchaser orrenter because of race, color,religion, sex, handicap, familialstatus, or national origin of suchpersons.(3) Selecting media or locationsfor advertising the sale or rentalof dwellings which denyparticular segments of thehousing market informationabout housing opportunitiesbecause of race, color, religion,sex, handicap, familial status, ornational origin.(4) R e fusing to publ ishadvertising for the sale or rentalof dwellings or requiringdifferent charges or terms forsuch advertising because ofrace, color, religion, sex,handicap, familial status, ornational origin.

(d) 24 CFR part 109 providesinformation to assist persons toadvertise dwellings in anondiscriminatory manner anddescribes the matters theDepartment will review inevaluating compliance with theFair Housing Act and inin v e s t i g a t i n g c o m p l a i n t salleging discriminatory housingpractices involving advertising.

Sec. 100.80 Discriminatoryr e p r e s e n t a t i o n s o n t h eavailability of dwellings.

(a) It shall be unlawful, becauseof race, color, religion, sex,handicap, familial status, ornational origin, to providei n a c c u r a t e o r u n t r u ei n f o r m a t i o n a b o u t t h eavailability of dwellings for saleor rental.(b) Prohibited actions under thissection include, but are notlimited to:(1) Indicating through words orconduct that a dwelling which isavailable for inspection, sale, orrental has been sold or rented,because of race, color, religion,sex, handicap, familial status, ornational origin.(2) Representing that covenantsor other deed, trust or leaseprovisions which purport torestrict the sale or rental ofdwellings because of race, color,religion, sex, handicap, familialstatus, or national originpreclude the sale of rental of adwelling to a person. (3)Enforcing covenants or otherdeed, trust, or lease provisionswhich preclude the sale orrental of a dwelling to anyperson because of race, color,religion, sex, handicap, familialstatus, or national origin.(4) Limiting information, by

word or conduct, regardingsui tab ly pr iced dw ellingsavailable for inspection, sale orrental, because of race, color,religion, sex, handicap, familialstatus, or national origin.(5) Providing false or inaccurateinformation regarding theavailability of a dwelling for saleor rental to any person,including testers, regardless ofwhether such person is actuallyseeking housing, because ofrace, color, religion, sex,handicap, familial status, ornational origin.

Sec. 100.85 Blockbusting.

(a) It shall be unlawful, forprofit, to induce or attempt toinduce a person to sell or rent adwelling by representationsre g a rd in g t h e e n t ry o rprospective entry into theneighborhood of a person orpersons of a particular race,color, religion, sex, familialstatus, or national origin or witha handicap.( b ) I n e s t a b l i s h i n g adiscriminatory housing practiceunder this section it is notnecessary that there was in factprofit as long as profit was afactor for engaging in theblockbusting activity. (c)Prohibited actions under thissection include, but are notlimited to:(1) Engaging, for profit, inconduct (including uninvitedsolicitations for listings) whichconveys to a person that aneighborhood is undergoing oris about to undergo a change inthe race, color, religion, sex,handicap, familial status, ornational origin of personsresiding in it, in order toencourage the person to offer a

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dwelling for sale or rental.(2) Encouraging, for profit, anyperson to sell or rent a dwellingthrough assertions that theentry or prospective entry ofpersons of a particular race,color, religion, sex, familialstatus, or national origin, orwith handicaps, can or willr e s u l t i n u n d e s i r a b l econsequences for the project,neighborhood or community,such as a lowering of propertyvalues, an increase in criminalor antisocial behavior, or adecline in the quality of schoolsor other services or facilities.

Sec. 100.90 Discrimination inthe provision of brokerageservices.

(a) It shall be unlawful to denyany person access to ormembership or participation inany multiple listing service, realestate brokers' organization orother service, organization, orfacility relating to the businessof selling or renting dwellings,or to discriminate against anyperson in the terms orconditions of such access,membership or participation,because of race, color, religion,sex, handicap, familial status, ornational origin.(b) Prohibited actions under thissection include, but are notlimited to:(1) Setting different fees foraccess to or membership in amultiple listing service becauseof race, color, religion, sex,handicap, familial status, ornational origin.(2) Denying or limiting benefitsaccruing to members in a realestate brokers' organizationbecause of race, color, religion,sex, handicap, familial status, or

national origin.(3) Imposing different standardsor criteria for membership in areal estate sales or rentalorganization because of race,color, religion, sex, handicap,familial status, or nationalorigin.(4) Establishing geographicboundaries or office location orresidence requirements foraccess to or membership orparticipation in any multiplelisting service, real estatebrokers' organization or otherservice, organization or facilityrelating to the business ofselling or renting dwellings,because of race, color, religion,sex, handicap, familial status, ornational origin.

Sec. 100.110 Discriminatorypractices in residential realestate-related transactions.(a) This subpart provides theDepartment's interpretation ofthe conduct that is unlawfulhousing discrimination undersection 805 of the Fair HousingAct.(b) It shall be unlawful for anyperson or other entity whosebusiness includes engaging inresidential real estate-relatedtransactions to discriminateagainst any person in makingavailable such a transaction, orin the terms or conditions ofsuch a transaction, because ofrace, color, religion, sex,handicap, familial status, ornational origin.

Sec. 100.115 Residential realestate-related transactions.The term residential realesta te -re la ted transactionsmeans:(a) The making or purchasing ofloans or providing other

financial assistance--( 1 ) F o r p u r c h a s i n g ,c o n s t r u c t in g , im p r o v in g ,repairing or maintaining adwelling; or(2) Secured by residential realestate; or(b) The selling, brokering orappraising of residential realproperty.

Sec. 100.120 Discrimination inthe making of loans and in theprovision of other financialassistance.(a) It shall be unlawful for anyperson or entity whose businessincludes engaging in residentialreal estate-related transactionsto discriminate against anyperson in making availableloans or other financia lassistance for a dwelling, orwhich is or is to be secured by adwelling, because of race, color,religion, sex, handicap, familialstatus, or national origin.(b) Prohibited practices underthis section include, but are notlimited to, failing or refusing toprovide to any person, inconnection with a residentialreal estate-related transaction,information regarding theavailability of loans or otherfinancial assistance, applicationrequirements, procedures orstandards for the review andapproval of loans or financiala s s i s t a n ce , o r p ro v id in ginformation which is inaccurateor different from that providedothers, because of race, color,religion, sex, handicap, familialstatus, or national origin.

Sec. 100.125 Discrimination inthe purchasing of loans.(a) It shall be unlawful for anyperson or entity engaged in thepurchasing of loans or other

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debts or securities whichs u p p o r t t h e p u r c h a s e ,construction, improvement,repair or maintenance of adwelling, or which are securedby residential real estate, torefuse to purchase such loans,debts, or securities, or to imposedifferent terms or conditions forsuch purchases, because of race,color, religion, sex, handicap,familial status, or nationalorigin.(b) Unlawful conduct under thissection includes, but is notlimited to:(1) Purchasing loans or otherdebts or securities which relateto, or which are secured byd w e l l i n g s i n c e r t a i ncommunities or neighborhoodsbut not in others because of therace, color, religion, sex,handicap, familial status, ornational origin of persons ins u c h n e i g h b o r h o o d s o rcommunities.(2) Pooling or packaging loansor other debts or securitieswhich relate to, or which aresecured by, dwellings differentlybecause of race, color, religion,sex, handicap, familial status, ornational origin.(3) Imposing or using differentterms or conditions on themarketing or sale of securitiesissued on the basis of loans orother debts or securities whichrelate to, or which are securedby, dwellings because of race,color, religion, sex, handicap,familial status, or nationalorigin.(c) This section does not preventconsideration, in the purchasingof loans, of factors justified bybusiness necessity, includingrequirements of Federal law,relating to a transaction'sf inancia l se cu r i ty or to

protection against default orreduction of the value of thesecurity. Thus, this provisionw o u l d n o t p r e c l u d econsiderations employed inn o r m a l a n d p r u d e n ttransactions, provided that nosuch factor may in any wayrelate to race, color, religion,sex, handicap, familial status ornational origin.

Sec. 100.130 Discrimination inthe terms and conditions formaking available loans or otherfinancial assistance.(a) It shall be unlawful for anyperson or entity engaged in themaking of loans or in theprovision of other financialassistance relating to thep u r c h a s e , c o n s t r u c t i o n ,im p ro v e m e n t , r e p a i r o rmaintenance of dwellings orwhich are secured by residentialreal estate to impose differentterms or conditions for theavailability of such loans orother financial assistancebecause of race, color, religion,sex, handicap, familial status, ornational origin.(b) Unlawful conduct under thissection includes, but is notlimited to:(1) Using different policies,practices or procedures inevaluating or in determiningcreditworthiness of any personin con n ect ion w ith th eprovision of any loan or otherfinancial assistance for adwelling or for any loan orother financial assistance whichis secured by residential realestate because of race, color,religion, sex, handicap, familialstatus, or national origin.(2) Determining the type oflo a n o r o th e r f in an cia lassistance to be provided with

respect to a dwelling, or fixingthe amount, interest rate,duration or other terms for aloa n or o th e r f in anc ia lassistance for a dwelling orwhich is secured by residentialreal estate, because of race,color, religion, sex, handicap,familial status, or nationalorigin.

Sec. 100.135 Unlawful practicesin the selling, brokering, orappraising of residential realproperty.(a) It shall be unlawful for anyperson or other entity whosebusiness includes engaging inthe selling, brokering orappraising of residential realproperty to discriminate againstany person in making availablesuch services, or in theperformance of such services,because of race, color, religion,sex, handicap, familial status, ornational origin.(b) For the purposes of thissection, the term appraisalmeans an estimate or opinion ofthe value of a specifiedresidential real property madein a business context inconnection with the sale, rental,financing or refinancing of adwelling or in connection withany activity that otherwiseaffects the availability of aresidential real estate-relatedtransaction , w h eth er th eappraisal is oral or written, ort ra n s m i t t e d fo r m a l l y o rinformally.The appraisal includes allwritten comments and otherdocuments submitted as supportfor the estimate or opinion ofvalue.(c) Nothing in this sectionprohibits a person engaged in

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the business of making orfu r n i sh in g a p p ra i sa l s o fresidential real property fromtaking into consideration factorsother than race, color, religion,sex, handicap, familial status, ornational origin.(d) Practices which are unlawfulunder this section include, butare not limited to, using anappraisal of residential realproperty in connection with thesale, rental, or financing of anydwelling where the personknows or reasonably shouldknow that the appraisali m p r o p e r l y t a k e s i n t oconsidera tion race , color,religion, sex, handicap, familialstatus or national origin.

Sec. 100.140 General rules.(a) Voluntary self-testing andcorrection. The report or resultsof a self-test a lender voluntarilyconducts or authorizes areprivileged as provided in thissubpart if the lender has takenor is taking appropriatecorrective action to addresslikely violations identified bythe self-test. Data collectionrequired by law or anyg o v e r n m e n t a l a u t h o r i t y(federal, state, or local) is notvoluntary.(b) Other privileges. Thissubpart does not abrogate anyevidentiary privilege otherwiseprovided by law.

Sec. 100.141 Definitions.As used in this subpart:Lender means a person whoengages in a residential reale s t a t e - r e l a t e d l e n d i n gtransaction.Residential real estate-relatedlending transaction means themaking of a loan:( 1 ) F o r p u r c h a s i n g ,

c o n s t r u c t in g , im p r o v in g ,repairing, or maintaining adwelling; or(2) Secured by residential realestate.Self-test means any program,practice or study a lenderv o lu n ta r i l y c o n d u c t s o rauthorizes which is designedand u sed specifica lly todetermine the extent oreffectiveness of compliance withthe Fair Housing Act. Theself-test must create data orfactual information that is notavailable and cannot be derivedfrom loan files, application files,or other residentia l reale s t a t e - r e l a t e d l e n d i n gtransaction records. Self-testingincludes, but is not limited to,using fictitious credit applicants(testers) or conducting surveysof applicants or customers, nori s i t l i m i t e d t o t h epre-application stage of loanprocessing.

S e c . 1 0 0 .1 4 2 T y p e s o finformation.(a) The privilege under thissubpart covers:(1) The report or results of theself-test;(2) Data or factual informationcreated by the self-test;( 3 ) W o r k p a p e r s , d r a f td o c u m e n t s a n d f i n a ldocuments;(4) Analyses, opinions, andconclusions if they directlyresult from the self-test reportor results.(b) The privilege does not cover:(1) Information about whethera lender conducted a self-test,the methodology used or scopeof the self-test, the time periodcovered by the self-test or thedates it was conducted;(2) Loan files and application

files, or other residential reale s t a t e - r e l a t e d l e n d i n gtransact ion records (e .g .,property appraisal reports, loangroup meeting minutes or otherdocuments reflecting the basisfor a decision to approve ordeny a loan application, loanp o l i c i e s o r p r o c e d u r e s ,u n d e r w r i t i n g s t a n d a r d s ,compensation records) andinformation or data derivedfrom such files and records,even if such data has beenaggregated, summarized orreorganized to facilitate analysis.

Sec. 100.143 Appropriatecorrective action.(a) The report or results of aself-test are privileged asprovided in this subpart if thelender has taken or is takingappropriate corrective action toa ddre ss l ike ly v io la t ion sidentified by the self-test.Appropriate corrective action isrequired when a self-test showsit is more likely than not that aviolation occurred even thoughno violation was adjudicatedformally.

(b) A lender must take actionreasonably likely to remedy thecause and effect of the likelyviolation and must:(1) Identify the policies orpractices that are the likelycause of the violation, such asinadequate or improper lendingpolicies, failure to implementestablished policies, employeeconduct, or other causes; and(2) Assess the extent and scopeof any likely violation, bydetermining which areas ofoperation are likely to beaffected by those policies andpractices, such as stages of theloan application process, types

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of loans, or the particularbranch where the likelyv io l a t i o n h a s o c c u r r e d .Generally, the scope of theself-test governs the scope ofthe appropriate correctiveaction.(c) Appropriate corrective actionmay include both prospectiveand remedial relief, except thatto establish a privilege underthis subpart:(1) A lender is not required toprovide remedial relief to atester in a self-test;(2) A lender is only required toprovide remedial relief to anapplicant identified by theself-test as one whose rightswere more likely than notviolated;(3) A lender is not required toprovide remedial relief to aparticular applicant if thestatute of limitations applicableto the violation expired beforethe lender obtained the resultsof the self-test or the applicantis otherwise ineligible for suchrelief.(d) Depending on the factsinvolved, appropriate correctiveaction may include, but is notlimited to, one or more of thefollowing:(1) If the self-test identifiesindividuals whose applicationswere inappropriately processed,offering to extend credit if theapplications were improperlydenied; compensating suchpersons for any damages, botho u t - o f - p o c k e t a n dcompensatory;(2) Correcting any institutionalpolicies or procedures that mayhave contributed to the likelyviolation, and adopting newpolicies as appropriate;(3) Identifying, and thentraining and/or disciplining the

employees involved;(4) D e v e lop ing ou treachprograms, marketing strategies,or loan products to serve moreeffectively the segments of thelender's market that may havebeen affected by the likelyviolation; and(5) Improving audit andoversight systems to avoid arecurrence of the like lyviolations.( e ) D e t e r m i n a t i o n o fappropriate corrective action isfact-based. Not every correctivemeasure listed in paragraph (d)of this section need be taken foreach likely violation.(f) Taking appropriate correctiveaction is not an admission by alender that a violation occurred.

Sec. 100.144 Scope of privilege.The report or results of aself-test may not be obtained orused by an aggrieved person,complainant, department oragency in any:(a) Proceeding or civil action inwhich a violation of the FairHousing Act is alleged; or( b ) E x a m i n a t i o n o rin v e s t ig a t ion re la t in g tocompliance with the FairHousing Act.

Sec. 100.145 Loss of privilege.(a) The self-test report or resultsare not privileged under thissubpart if the lender or personwith lawful access to the reportor results:(1) Voluntarily discloses anypart of the report or results ora n y o t h e r i n f o r m a t i o nprivileged under this subpart toa n y a g g r i e v e d p e r s o n ,co m pla inan t, departm e n t ,agency, or to the public; or(2) Discloses the report orresults or any other information

privileged under this subpart asa defense to charges a lenderviolated the Fair Housing Act; or(3) Fails or is unable to produceself-test records or informationneeded to determine whetherthe privilege applies.(b) Disclosures or other actionsundertaken to carry outappropriate corrective action donot cause the lender to lose theprivilege.

Subpart C--Discrimination inResidential Real Estate-RelatedTransactionsSec. 100.146 Limited use ofprivileged information.Notwithstanding Sec. 100.145,the self-test report or resultsmay be obtained and used by anaggrieved person, applicant,department or agency solely todetermine a penalty or remedyafter the violation of the FairH o u s in g A c t h a s b e e nad ju d ica ted or adm itted .Disclosures for this limitedpurpose may be used only forthe particular proceeding inwhich the adjudication oradmission is made. Informationdisclosed under this sectionremains otherwise privilegedunder this subpart.

Sec. 100.147 Adjudication.A n a g g r i e v e d p e r s o n ,complainant, department oragency that challenges aprivilege asserted under Sec.1 0 0 . 1 4 4 m a y s e e k adetermination of the existenceand application of that privilegein:(a) A court of competentjurisdiction; or(b) An administrative lawproceeding with appropriatejurisdiction.

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Sec. 100.148 Effective date.The privilege under this subpartapplies to self-tests conductedboth before and after January30, 1998, except that a self-testconducted before January 30,1998 is not privileged:(a) If there was a court action oradm in istra t iv e p ro ce e d in gbefore January 30, 1998,including the filing of acomplaint alleging a violation ofthe Fair Housing Act with theDepartment or a substantiallyequivalent state or local agency;or(b) If any part of the report orresults were disclosed beforeJanuary 30, 1998 to anyaggrieved person, complainant,department or agency, or to thegeneral public.

Subpart D--Prohibition AgainstDiscrimination Because ofHandicapSec. 100.200 Purpose.The purpose of this subpart is toeffectuate sections 6 (a) and (b)and 15 of the Fair HousingAmendments Act of 1988.

Subpart D--Prohibition AgainstDiscrimination Because ofHandicapS e c . 1 0 0 .2 0 2 G e n e ra lp r o h i b i t i o n s a g a i n s tdiscrim ination because ofhandicap.

(a) It shall be unlawful todiscriminate in the sale orrental, or to otherwise makeunavailable or deny, a dwellingto any buyer or renter becauseof a handicap of--(1) That buyer or renter;(2) A person residing in orintending to reside in thatdwelling after it is so sold,rented, or made available; or

(3) Any person associated withthat person.(b) It shall be unlawful todiscriminate against any personin the terms, conditions, orprivileges of the sale or rental ofa dwelling, or in the provisionof services or facilities inconnection with such dwelling,because of a handicap of--(1) That buyer or renter;(2) A person residing in orintending to reside in thatdwelling after it is so sold,rented, or made available; or(3) Any person associated withthat person.(c) It shall be unlawful to makean inquiry to determinewhether an applicant for adwelling, a person intending toreside in that dwelling after it isso sold, rented or madeavailable, or any personassociated with that person, hasa handicap or to make inquiryas to the nature or severity of ahandicap of such a person.However, this paragraph doesnot prohibit the followinginquirie s, prov ided theseinquiries are made of allapplicants, whether or not theyhave handicaps:(1) Inquiry into an applicant'sability to meet the requirementsof ownership or tenancy;(2) Inquiry to determinewhether an applicant isqualified for a dwelling availableonly to persons with handicapsor to persons with a particulartype of handicap;(3) Inquiry to determinewhether an applicant for adwelling is qualified for apriority available to personswith handicaps or to personswith a particular type ofhandicap;(4) Inquiring whether an

applicant for a dwelling is acurrent illegal abuser or addictof a controlled substance;(5) Inquiring whether anapplicant has been convicted ofthe illegal manufacture ordistribution of a controlledsubstance.(d) Nothing in this subpartrequires that a dwelling bemade available to an individualwhose tenancy would constitutea direct threat to the health orsafety of other individuals orwhose tenancy would result insubstantial physical damage tothe property of others.

Sec. 100.203 Reasonablem od if ica t ion s o f ex ist in gpremises.(a) It shall be unlawful for anyperson to refuse to permit, atthe expense of a handicappedp e r s o n , r e a s o n a b l em od if ica t ion s o f ex ist in gpremises, occupied or to beoccupied by a handicappedperson , if the proposedmodifications may be necessaryto afford the handicappedperson full enjoyment of thepremises of a dwelling. In thecase of a rental, the landlordmay, where it is reasonable todo so, condition permission fora modification on the renteragreeing to restore the interiorof the premises to the conditionthat ex iste d be fo re th emodification, reasonable wearand tear excepted. The landlordm a y n o t i n c r e a s e f o rhandicapped persons anycustomarily required securitydeposit. However, where it isnecessary in order to ensurewith reasonable certainty thatfunds will be available to payfor the restorations at the end ofthe tenancy, the landlord may

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negotiate as part of such ares tora t io n ag ree m e n t aprovision requiring that thetenant pay into an interestbearing escrow account, over areasonable period, a reasonableamount of money not to exceedthe cost of the restorations. Theinterest in any such accountshall accrue to the benefit of thetenant.(b) A landlord may conditionpermission for a modification ont h e r e n t e r p r ov id in g areasonable description of theproposed modifications as wellas reasonable assurances thatthe work will be done in aworkmanlike manner and thatany required building permitswill be obtained.(c) The application of paragraph(a) of this section may beillustrated by the followingexamples:

Example (1): A tenant with ahandicap asks his or herlandlord for permission to installgrab bars in the bathroom at hisor her own expense. It isnecessary to reinforce the wallswith blocking between studs inorder to affix the grab bars. It isunlawful for the landlord torefuse to permit the tenant, atthe tenant's own expense, frommaking the m odificationsnecessary to add the grab bars.However, the landlord maycondition permission for themodification on the tenantagree in g to re s to re th ebathroom to the condition thatexisted before the modification,reasonable wear and teare x c e p te d . I t w o u ld b ereasonable for the landlord torequire the tenant to removethe grab bars at the end of thetenancy. The landlord may also

reasonably require that the wallto which the grab bars are to beattached be repaired andrestored to its original condition,reasonable wear and tearexcepted. However, it would beunreasonable for the landlord torequire the tenant to removeth e b lock ing , s in ce th ereinforced walls will notinterfere in any way with thelandlord's or the next tenant'suse and enjoyment of thepremises and may be needed bysome future tenant.Example (2): An applicant forrental housing has a child whou ses a w h ee lch a i r . T hebathroom door in the dwellingunit is too narrow to permit thew heelchair to pass. Theapplicant asks the landlord forpermission to widen thedoorway at the applicant's ownexpense. It is unlawful for thelandlord to refuse to permit thea p p l i c a n t to m a k e th emodification. Further, thelandlord may not, in usualc i r c u m s t a n ce s , co n d i t i o npermission for the modificationon the applicant paying for thedoorway to be narrowed at theend of the lease because a widerdoorway will not interfere withthe landlord's or the nexttenant's use and enjoyment ofthe premises.

Sec. 100.204 Reasonableaccommodations.(a) It shall be unlawful for anyperson to refuse to makereasonable accommodations inrules, policies, practices, ors e r v i c e s , w h e n s u c haccom m odat ions m ay ben e c e s s a r y t o a f f o r d ahandicapped person equalopportunity to use and enjoy adwelling unit, including public

and common use areas.(b) The application of thissection may be illustrated by thefollowing examples:Example (1): A blind applicantfor rental housing wants live ina dwelling unit with a seeingeye dog. The building has a nopets policy. It is a violation ofSec. 100.204 for the owner ormanager of the apartmentcomplex to refuse to permit theapplicant to live in theapartment with a seeing eyedog because, without the seeingeye dog, the blind person willnot have an equal opportunityto use and enjoy a dwelling.Example (2): Progress Gardensis a 300 unit apartment complexwith 450 parking spaces whichare available to tenants andguests of Progress Gardens on afirst come first served basis.John applies for housing inProgress Gardens. John ismobility impaired and is unableto walk more than a shortdistance and therefore requeststhat a parking space near hisunit be reserved for him so hewill not have to walk very far toget to his apartment. It is aviolation of Sec. 100.204 for theowner or manager of ProgressGardens to refuse to make thisaccommodation. Without areserved space, John might beunable to live in ProgressGardens at all or, when he hasto park in a space far from hisunit, might have great difficultygetting from his car to hisa p a r t m e n t u n i t . T h eaccommodation therefore isnecessary to afford John anequal opportunity to use ande n jo y a d w e l l in g . T h eaccommodation is reasonablebecause it is feasible andp r a c t i c a l u n d e r t h e

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circumstances.

Sec. 100.205 Design andconstruction requirements.(a ) Cov e re d m u lt i fam i lydwellings for first occupancyafter March 13, 1991 shall bedesigned and constructed tohave at least one buildingentrance on an accessible routeunless it is impractical to do sobecause of the terrain orunusual characteristics of thesite. For purposes of this section,a covered multifamily dwellingshall be deemed to be designedand constructed for firstoccupancy on or before March13, 1991, if the dwelling isoccupied by that date, or if thelast building permit or renewalthereof for the dwelling isissued by aState, County orlocal government on or beforeJune 15, 1990. The burden ofe s tab lish ing im pract ica litybecause of terrain or unusualsite characteristics is on theperson or persons who designedor constructed the housingfacility.(b) The application of paragraph(a) of this section may beillustrated by the followingexamples:Example (1): A real estatedeveloper plans to construct sixcovered multifamily dwellingunits on a site with a hillyterrain. Because of the terrain,it will be necessary to climb along and steep stairway in orderto enter the dwellings. Sincethere is no practical way toprovide an accessible route toany of the dwellings, one neednot be provided.Example (2): A real estatedeveloper plans to construct abuilding consisting of 10 unitsof multifamily housing on a

waterfront site that floodsfrequently. Because of thisunusual characteristic of thesite, the builder plans toconstruct the building on stilts.It is customary for housing inthe geographic area where thesite is located to be built onstilts. The housing may lawfullybe constructed on the proposedsite on stilts even though thismeans that there will be nopractical way to provide anaccessible route to the buildingentrance.Example (3): A real estatedeveloper plans to construct amultifamily housing facility ona particular site. The developerwould like the facility to be builton the site to contain as manyunits as possible. Because of theconfiguration and terrain of thesite, it is possible to construct abuilding with 105 units on thesite provided the site does nothave an accessible route leadingto the building entrance. It isalso possible to construct abuilding on the site with anaccessible route leading to thebuilding entrance. However,such a building would have nomore than 100 dwelling units.The building to be constructedon the site must have a buildingentrance on an accessible routebecause it is not impractical toprovide such an entrancebecause of the terrain orunusual characteristics of thesite.(c) All covered multifamilydwellings for first occupancyafter March 13, 1991 with abuilding entrance on anaccessible route shall bedesigned and constructed insuch a manner that--(1) The public and common useareas are readily accessible to

and usable by handicappedpersons;(2) All the doors designed toallow passage into and withinall premises are sufficiently widet o a l l o w p a s s a g e b yh a n d ica p p e d p e r so n s inwheelchairs; and(3) All premises within coveredmultifamily dwelling unitscontain the following featuresof adaptable design:(i) An accessible route into andthrough the covered dwellingunit;(ii) Light switches, electricaloutlets, thermostats, and otherenvironmental controls inaccessible locations;( i i i ) R e in fo r c e m e n t s i nbathroom walls to allow laterinstallation of grab bars aroundthe toilet, tub, shower, stall andshower seat, where suchfacilities are provided; and(iv) Usable kitchens andbathroom s such that anindividual in a wheelchair canmaneuver about the space.(d) The application of paragraph(c) of this section may beillustrated by the followingexamples:Example (1): A developer plansto construct a 100 unitc o n d o m in iu m a p a r t m e n tbuilding with one elevator. Inaccordance with paragraph (a),the building has at least oneaccessible route leading to anaccessible entrance. All 100units are covered multifamilydwelling units and they all mustbe designed and constructed sothat they comply with theaccessibility requirements ofparagraph (c) of this section.Example (2): A developer plansto con st ru c t 3 0 g a rd e napartments in a three storybuilding. The building will not

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have an elevator. The buildingwill have one accessibleentrance which will be on thefirst floor. Since the buildingdoes not have an elevator, onlythe ground floor units arecovered multifamily units. Theground floor is the first floorbecause that is the floor that hasan accessible entrance. All ofthe dwelling units on the firstfloor must meet the accessibilityrequirements of paragraph (c)of this section and must haveaccess to at least one of eachtype of public or common usearea available for residents inthe building.(e) Compliance with theappropriate requirements ofANSI A117.1-1986 suffices tosatisfy the requirements ofparagraph (c)(3) of this section.(f) Compliance with a dulyenacted law of a State or unit ofgeneral local government thatincludes the requirements ofparagraphs (a) and (c) of thiss e c t i o n s a t i s f i e s t h erequirements of paragraphs (a)and (c) of this section.(g)(1) It is the policy of HUD toencourage States and units ofgeneral local government toinclude, in their existingprocedures for the review andapproval of newly constructedcovered multifamily dwellings,determinations as to whetherthe design and construction ofsuch dwellings are consistentwith paragraphs (a) and (c) ofthis section.(2) A State or unit of generallocal government may reviewand approve newly constructedmultifamily dwellings for thep u r p o s e o f m a k i n gdeterminations as to whetherthe requirements of paragraphs(a) and (c) of this section are

met.( h ) D e t e r m i n a t i o n s o fcompliance or noncomplianceby a State or a unit of generallo ca l g o v e rn m e n t u n d e rparagraph (f) or (g) of thissection are not conclusive inenforcement proceedings underthe Fair Housing AmendmentsAct.(i) This subpart does notinvalidate or limit any law of aState or political subdivision of aState that requires dwellings tobe designed and constructed ina m a n n e r th a t a f f o r d shandicapped persons greateraccess than is required by thissubpart.

Subpart E--Housing for OlderPersonsSec. 100.300 Purpose.The purpose of this subpart is toeffectuate the exemption in theFair Housing Amendments Actof 1988 that relates to housingfor older persons.

Sec. 100.301 Exemption.(a) The provisions regardingfamilial status in this part do notapply to housing which satisfiesthe requirements of Secs.100.302, 100.303 or Sec.100.304.(b) Nothing in this part limitsthe app licab il i ty of anyreasonable local, State, orFederal restrictions regardingthe maximum number ofoccupants permitted to occupy adwelling.

Sec. 100.302 State and Federalelderly housing programs.Th e provisions regard in gfamilial status in this part shallnot apply to housing providedunder any Federal or Stateprogram that the Secretary

de term in es is specifica llydesigned and operated to assistelderly persons, as defined inthe State or Federal program.

Sec. 100.303 62 or overhousing.(a) The provisions regardingfamilial status in this part shallnot apply to housing intendedfor, and solely occupied by,persons 62 years of age or older.H o u s i n g s a t i s f i e s t h erequirements of this sectioneven though:(1) There are persons residing insuch housing on September 13,1988 who are under 62 years ofage, provided that all newoccupants are persons 62 yearsof age or older;(2) There are unoccupied units,provided that such units arereserved for occupancy bypersons 62 years of age or over;(3) There are units occupied byemployees of the housing (andfamily members residing in thesame unit) who are under 62years of age provided theyperform substantial dutiesd i re c t ly re la t e d t o t h emanagement or maintenance ofthe housing.(b) The following examplesillustrate the application ofparagraph (a) of this section:Example (1): John and Maryapply for housing at the VistaHeights apartment complexwhich is an elderly housingcomplex operated for persons62 years of age or older. John is62 years of age. Mary is 59 yearsof age. If Vista Heights wishes toretain its ``62 or over''exemption it must refuse to rentto John and Mary because Maryis under 62 years of age.However, if Vista Heights doesrent to John and Mary, it might

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qualify for the ``55 or over''exemption in Sec. 100.304.Example (2): The Blueberry Hillretirement community has 100dwelling units. On September13, 1988, 15 units were vacantand 35 units were occupiedwith at least one person who isunder 62 years of age. Theremaining 50 units wereoccupied by persons who wereall 62 years of age or older.Blueberry Hill can qualify forthe ``62 or over'' exemption aslong as all units that wereoccupied after September 13,1988 are occupied by personswho were 62 years of age orolder. The people under 62 inthe 35 units prev iouslydescribed need not be requiredto leave for Blueberry Hill toqualify for the ``62 or over''exemption.

Sec. 100.304 Housing forpersons who are 55 years of ageor older.(a) The provisions regardingfamilial status in this part shallnot apply to housing intendedand operated for persons 55years of age or older. Housingqualifies for this exemption if:(1) The alleged violationoccurred before December 28,1 9 9 5 a n d t h e h o u s in gcommunity or facility compliedwith the HUD regulations ineffect at the time of the allegedviolation; or(2) The alleged violationoccurred on or after December28, 1995 and the housingcommunity or facility complieswith:(i) Section 807(b)(2)(C) (42U.S.C. 3607(b)) of the FairHousing Act as amended; and(ii) 24 CFR 100.305, 100.306,and 100.307.

(b) For purposes of this subpart,housing facility or communitymeans any dwelling or group ofdwelling units governed by ac o m m o n s e t o f r u l e s ,regulations or restrictions. Aportion or portions of a singlebuilding shall not constitute ahousing facility or community.Examples of a housing facilityor community include, but arenot limited to:(1) A condominium association;(2) A cooperative;(3) A property governed by ahom eow ners' or residentassociation;(4) A municipally zoned area;(5) A leased property undercommon private ownership;(6) A mobile home park; and(7) A manufactured housingcommunity.(c) For purposes of this subpart,older person means a person 55years of age or older.

Sec. 100.305 80 percentoccupancy.(a) In order for a housingfacility or community to qualifyas housing for older personsunder Sec. 100.304, at least 80percent of its occupied unitsmust be occupied by at least oneperson 55 years of age or older.(b) For purposes of this subpart,occupied unit means:(1) A dwelling unit that isactually occupied by one ormore persons on the date thatthe exemption is claimed; or(2) A temporarily vacant unit, ifthe primary occupant hasresided in the unit during thepast year and intends to returnon a periodic basis.(c) For purposes of this subpart,occupied by at least one person55 years of age or older meansthat on the date the exemption

for housing designed for personswho are 55 years of age or olderis claimed:(1) At least one occupant of thedwelling unit is 55 years of ageor older; or(2) If the dwelling unit istemporarily vacant, at least oneof the occupants immediatelyprior to the date on which theunit was temporarily vacatedwas 55 years of age or older.(d) Newly constructed housingfor first occupancy after March12, 1989 need not comply withthe requirements of this sectionuntil at least 25 percent of theunits are occupied. For purposeso f t h i s s e c t i o n , n e w l yconstructed housing includes afacility or community that hasbeen wholly unoccupied for atleast 9 0 d a y s pr ior tore-occupancy due to renovationor rehabilitation.(e) Housing satisfies therequirements of this sectioneven though:(1) On September 13, 1988,under 80 percent of theoccupied units in the housingfacility or community wereoccupied by at least one person55 years of age or older,provided that at least 80 percentof the units occupied by newoccupants after September 13,1988 are occupied by at leastone person 55 years of age orolder.(2) There are unoccupied units,provided that at least 80 percentof the occupied units areoccupied by at least one person55 years of age or older.(3) There are units occupied byemployees of the housingfacility or community (andfamily members residing in thesame unit) who are under 55years of age, provided the

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employees perform substantiald u t i e s r e l a t e d t o t h emanagement or maintenance ofthe facility or community.(4) There are units occupied bypersons who are necessary top r o v i d e a r e a s o n a b l eaccommodation to disabledresidents as required by Sec.100.204 and who are under theage of 55.(5) For a period expiring oneyear from the effective date ofthis final regulation, there areinsufficient units occupied by atleast one person 55 years of ageor older, but the housing facilityor community, at the time theexemption is asserted:(i) Has reserved all unoccupiedunits for occupancy by at leastone person 55 years of age orolder until at least 80 percent ofthe units are occupied by atleast one person who is 55 yearsof age or older; and(ii) Meets the requirements ofSecs. 100.304, 100.306, and100.307.(f) For purposes of thetransition provision described inSec. 100.305(e)(5), a housingfacility or community may notevict, refuse to renew leases, orotherwise penalize families withchildren who reside in thefacility or community in orderto achieve occupancy of at least80 percent of the occupied unitsby at least one person 55 yearsof age or older.(g) Where application of the 80percent rule results in a fractionof a unit, that unit shall beconsidered to be included in theunits that must be occupied byat least one person 55 years ofage or older.(h) Each housing facility orcommunity may determine theage restriction, if any, for units

that are not occupied by at leastone person 55 years of age orolder, so long as the housingfacility or community complieswith the provisions of Sec.100.306.

Sec. 100.306 Intent to operateas housing designed for personswho are 55 years of age orolder.(a) In order for a housingfacility or community to qualifyas housing designed for personswho are 55 years of age orolder, it must publish anda d h e re to p o l i c ie s a n dprocedures that demonstrate itsintent to operate as housing forpersons 55 years of age or older.The following factors, amongothers, are considered relevantin determining whether thehousing facility or communityh a s com p lied w ith th isrequirement:(1) The manner in which thehousing facility or community isd e sc r ib e d to p ro sp ec t iv eresidents;(2) Any advertising designed toattract prospective residents;(3) Lease provisions;(4) Written rules, regulations,covenants, deed or otherrestrictions;(5) The maintenance andcon sisten t app lica t io n o frelevant procedures;(6) Actual practices of thehousing facility or community;and(7) Public posting in commonareas of statements describingthe facility or community ashousing for persons 55 years ofage or older.(b) Phrases such as ``adultliving'', ``adult community'', orsimilar statements in anyw ritten advertisem ent or

prospectus are not consistentwith the intent that the housingfacility or community intends tooperate as housing for persons55 years of age or older. (c) Ifthere is language in deed orother community or facilitydocuments which is inconsistentwith the intent to providehousing for persons who are 55years of age or older housing,HUD shall consider documentedevidence of a good faith attemptto remove such language indeterm in ing w hether thehousing facility or communitycomplies with the requirementsof this section in conjunctionwith other evidence of intent.(d) A housing facility orc o m m u n i t y m a y a l l o woccupancy by families withchildren as long as it meets therequirements of Secs. 100.305and 100.306(a).

Sec. 100.307 Verification ofoccupancy.(a) In order for a housingfacility or community to qualifyas housing for persons 55 yearsof age or older, it must be ableto produce, in response to acomplaint filed under this title,verification of compliance withSec. 100.305 through reliablesurveys and affidavits.(b) A facility or communityshall, within 180 days of theeffective date of this rule,d e v e l o p p r o c e d u r e s f o rroutinely determining theoccupancy of each unit,including the identification ofwhether at least one occupantof each unit is 55 years of age orolder. Such procedures may bepart of a normal leasing orpurchasing arrangement.(c) The procedures described inparagraph (b) of this section

48


must provide for regularupdates, through surveys orother means, of the initialinformation supplied by theoccupants of the housing facilityor community. Such updatesmust take place at least onceevery two years. A survey mayinclude information regardingwhether any units are occupiedby persons descr ibed inparagraphs (e)(1), (e)(3), and(e)(4) of Sec. 100.305.(d) Any of the followingdocuments are consideredreliable documentation of theage of the occupants of thehousing facility or community:(1) Driver's license;(2) Birth certificate;(3) Passport;(4) Immigration card;(5) Military identification;(6) Any other state, local,national, or international officialdocuments containing a birthdate of comparable reliability; or(7) A certification in a lease,application, affidavit, or otherdocument signed by anymember of the household age18 or older asserting that atleast one person in the unit is55 years of age or older.(e) A facility or communityshall consider any one of theforms of verification identifieda b o v e a s a d e q u a te fo rverification of age, providedth a t i t contains specificinformation about current ageor date of birth.(f) The housing facility orcommunity must establish andmaintain appropriate policies torequire that occupants complywith the age verificationprocedures required by thissection.(g) If the occupants of aparticular dwelling unit refuse

to comply with the ageverification procedures, thehousing facility or communitymay, if it has sufficientevidence, consider the unit tobe occupied by at least oneperson 55 years of age or older.Such evidence may include:(1) Government records ordocuments, such as a localhousehold census;(2) Prior forms or applications;or(3) A statement from anindividual who has personalknowledge of the age of theoccupants. The individual'sstatement must set forth thebasis for such knowledge and besigned under the penalty ofperjury.(h) Surveys and verificationprocedures which comply withthe requirements of this sections h a l l b e a d m i s s i b l e i nadministrative and judicialproceedings for the purpose ofverifying occupancy.(i) A summary of occupancysurveys shall be available forinspection upon reasonablenotice and request by anyperson.

Sec. 100.308 Good faithdefense against civil moneydamages.(a) A person shall not be heldpersonally liable for monetarydamages for discriminating onthe basis of familial status, if theperson acted with the good faithbelief that the housing facilityor community qualified for ahousing for older personsexemption under this subpart.(b)(1) A person claiming thegood faith belief defense musthave actual knowledge that thehousing facility or communityhas, through an authorized

representative, asserted inwriting that it qualifies for ahousing for older personsexemption.(2) Before the date on whichthe discrimination is claimed tohave occurred, a community orfacility, through its authorizedrepresentatives, must certify, inwriting and under oath oraffirmation, to the personsubsequently claiming thedefense that it complies withthe requirements for such anexemption as housing forpersons 55 years of age or olderin order for such person toclaim the defense.(3) For purposes of this section,an authorized representative ofa housing facility or communitymeans the individual, group,management company, owner,or other entity having theresponsibility for adherence tothe requirements established bythis subpart.(4) For purposes of this section,a person means a naturalperson.(5) A person shall not beentitled to the good faithdefense if the person has actualknowledge that the housingfacility or community does not,or will not, qualify as housingfor persons 55 years of age orolder. Such a person will beineligible for the good faithdefense regardless of whetherthe person received the writtena s s u r a n c e d e s c r i b e d i nparagraph (b) of this section.

S u b p a r t F - - I n t e r f e r e n c e ,Coercion or IntimidationSec. 100.400 Prohibitedin terference, coerc ion orintimidation.(a) This subpart provides theDepartment's interpretation of

49


the conduct that is unlawfulunder section 818 of the FairHousing Act.(b) It shall be unlawful tocoerce, intimidate, threaten, orinterfere with any person in theexercise or enjoyment of, or onaccount of that person havingexercised or enjoyed, or onaccount of that person havingaided or encouraged any otherperson in the exercise orenjoyment of, any right grantedor protected by this part.(c) Conduct made unlawfulunder this section includes, butis not limited to, the following:(1) Coercing a person, eitherorally, in writing, or by othermeans, to deny or limit thebenefits provided that person inconnection with the sale or

rental of a dwelling or inconnection with a residentialreal estate-related transactionbecause of race, color, religion,sex, handicap, familial status, ornational origin.(2) Threatening, intimidating orinterfering with persons in theirenjoyment of a dwellingbecause of the race, color,religion, sex, handicap, familialstatus, or national origin of suchpersons, or of visitors orassociates of such persons.(3) Threatening an employee oragent with dismissal or anadverse employment action, ort a k i n g s u c h a d v e r s eemployment action, for anyeffort to assist a person seekingaccess to the sale or rental of adwelling or seeking access to

a n y r e s i d e n t i a l r e a le sta te -re la te d tran sact ion ,because of the race, color,religion, sex, handicap, familialstatus, or national origin of thatperson or of any personassociated with that person.(4) Intimidating or threateningany person because that personis engaging in activities designedto make other persons aware of,or encouraging such otherpersons to exercise, rightsgranted or protected by thispart.(5) Retaliating against anyperson because that person hasmade a complaint, testified,assisted, or participated in anymanner in a proceeding underthe Fair Housing Act.

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VII.USEFUL

FORMS

Form A: Interest Meeting Flier

Form B: Nomination Meeting Flier

Form C: Election Announcement

Form D: Election Reminder

Form E: Council Board Slate Announcement

Form F: Resident Voter Sign-In Sheet

Form G: Ballot

Form H: “Duly Elected Council” Check List

Form I: Announcement of Election Results

Form J: Certification of Council Election

Form K: Nomination Box Cover

Form L: Election Box Cover

Form M: Election Celebration Flier

Form N: Nominations Results

51


Form A

TENANT COUNCIL

INTEREST MEETING

For residents of_____________________________

_________, __________day date

____________________________________place

____________time

To get information on Tenant Councils and to:

¼ Nominate a slate of board members¼ Establish a date for elections

Guests include:________________________________________________

League of Women Voters of Kent County

All are welcome! For more information:________________________

52


Form B _____________________ Community

RESIDENT MEETING

For nomination of tenant council officers

Day and date: ________________________at

______________________________

time_________________________

Help form a Tenant Council that speaks for us on housing,employment, and other community matters!

Guests include:•_______________________________________

•A representative of the League of Women Voters

All are welcome!For more information, contact:

________________________________________(name and phone)

________________________________________(name and phone)

53


Form C

Tenant Council Elections

On the date of

During the hours ofto

At this location

Conducted by

You must have I.D. in order to vote!

• drivers license• phone bill• cable bill• letter addressed to you• your lease or rent receipt

54


Form D

@O?Tenant Council Elections!

This is a Reminder to VOTE

on ____________________

between the hours of__________ and __________

at_______________________________

Make your voice heard.

@O?

55


Form E

Election of Tenant Council Officers________________________ Tenant Council

Date: _______________________________Times: from _________to___________Monitors: League of Women Voters

You must bring --1.ID (drivers license, for example) and

2. proof of address

You will have the chance to vote for FIVE people out of the followinggroup of candidates:

� ______________________________

� ______________________________

� ______________________________

� ______________________________

� ______________________________

� ______________________________

� ______________________________

� ______________________________

?

56


Form FResident Voter Sign-In

Development of ___________________________________Election of Tenant Council Board Members

Date _______________________To be eligible to vote, you must be a resident of this development who is 18 years of age or

older and be in an assisted housing unit. One vote is being cast per housing unit.

Print your name here

Print your address hereSign your name here











Page _____ of _____ Signature of Election Monitor

57


Form G Ballot for the Election of Tenant Council Officers

Tenant Council: ____________________________________Date: ______________________________________________

INSTRUCTIONS: Vote for ONLY FIVE candidates, by marking the box (�) beside each oftheir names with an “X.” If you vote for more than five, we will have to disqualify your ballot.

Name X

�

�

�

�

�

�

�

�

�

58


Form HSample Check List

Checklist To Determine If Tenant Council is Duly Elected

1. Date of Review

2. Name of Development City-State

3. Do You Have An Election Group? Y N

4. Are All Members of Election Group/Officers On The Lease? Y N

5. Date Of Last Election , Was The Election More Than 3 Years From Today’sDate? Y N

6. Was An Independent Third-Party Used In The Election Process? Y N

7. Was Election Publicly Posted And/Or Announced at Least 30 Days Prior To Election? Y NState How Publicity Was Accomplished

8. Does The RC/RMC/RO Have By-Laws Pursuant to 24 CFR 964? Y N

9. Did The Housing Authority Monitor The Election Procedures? Y NName of Housing Authority Representative

* If The RC/RO Answered “Yes” To All Questions Except #6, It Is Eligible For “DulyElected” Tenant Council Recognition.

* If The RC/RO Answered “No” To Any Of Questions and “Yes” to Question #6, TheRC/RO Is Not Eligible for “Duly Elected” Tenant Council Status.

59


Form I

Announcement of Election ResultsTenant Council Officers

Tenant Council: __________________________________Date: _________________________

The following individuals have been elected as tenant council board members in the electionsheld on this date.

1

2

3

4

5

6

7

8

9

Election Monitor Witness

Copies:� To post� To housing authority/management company� To LWV Files� To DHC

60


Form J

CERTIFICATION OF Tenant COUNCIL BOARD ELECTION

I certify that (Name of Tenant Council)

(Address) (City/State)

has duly elected all of the Tenant Council Officers as required by the U.S. Department of Housingand Urban Development, 24 Code of Federal Regulations, Part 964.

The date of the Tenant Council Board Election was:

(Signature of Certifying LHA Official) (Date)

(Title)

(Signature of Independent Third-Party Monitor) (Date)

Notary:

Subscribed and sworn before me this day of , 19 .

My Commission expires

61


Form K

üPlease place

additional nominationsfor officers in here by

__________________________(day & date)

Nominations Box


62


Form L

<Please place

your secret election ballot in thisbox. Votes will be tallied and resultsposted here at the end of the voting

period.

Ballot Box


63


Form M

Celebration of Tenant

Council

Elections

&

Award Ceremony

T TO CELEBRATE THE NEW Tenant COUNCILS

T INTRODUCE Tenant COUNCIL OFFICERS, AND

TTHANK ALL WHO HELPED FORM THE COUNCIL

PLACE: _____________________________________

TIME: _______________

DAY & DATE: ___________________________

FOR MORE INFORMATION or HELP GETTING THERE

CALL:

___________________________________

or

___________________________________

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Form N

ANNOUNCING THE RESULTS OF THE NOMINATING MEETING

____________________ Tenant Council

held on

________________________, _______________________________Day Date

T Resident Council elections to be held on ____________________________.T Until noon ______________, additional written nominations can be placed in

the nominating ballot box in the manger’s office. T All residents 18 years of age or older in good standing with no lease violations are

eligible to vote and to run for office.

Guests include:Mr. Stanley Horn, Organizer, Chicago, IL

A representative of the League of Women Voters

All are welcome!If you have questions, contact: ___________________

Addiitional residents can be nominated by using this form.Current Slate of Nominees – ______________ Tenant Council

Nominated to date Additional nominees

Jeremiah Peabody

Ephraim Zimbalist

Minnie Midgley

Farley Dickinson

Edwina McIlvaine

Rudgeon Wilensky

tenant council election manual - nlihc · tenant council election manual c. purpose and use of het...

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