Policy and Guidance

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Treatment of Testing Evidence in Fair Housing Complaint Investigations

created on Thu, 2017-07-13   •   updated on Thu, 2017-07-13
Memorandrum for: All FHEO Field Office Staff, Office of Enforcement and Programs Staff From: Carolyn Y. Peoples, Assistant Secretary for Fair Housing and Equal Opportunity, E The purpose of this memorandum is to set forth the procedures investigators from HUD’s Office of Fair Housing and Equal Opportunity (“FHEO investigators” or “investigators”) will follow when investigating a Fair Housing Act (“Act”) complaint based in whole or in part on testing. Testing is a critical tool in the fight against housing discrimination. This guidance seeks to insure that FHEO investigators nationwide will...Open Publication

Group Homes, Local Land Use, and The Fair Housing Act - Joint Statement of DOJ and HUD

created on Wed, 2017-06-21   •   updated on Wed, 2017-06-21
Since the federal Fair Housing Act ("the Act") was amended by Congress in 1988 to add protections for persons with disabilities and families with children, there has been a great deal of litigation concerning the Act's effect on the ability of local governments to exercise control over group living arrangements, particularly for persons with disabilities. The Department of Justice has taken an active part in much of this litigation, often following referral of a matter by the Department of Housing and Urban Development ("HUD"). This joint statement provides an overview of the Fair Housing Act...Open Publication

Office of General Counsel Guidance on Fair Housing Act Protections for Persons with Limited English Proficiency

created on Mon, 2017-04-03   •   updated on Mon, 2017-04-03
The Fair Housing Act prohibits discrimination in the sale, rental or financing of dwellings, and in other housing-related transactions, because of race, color, religion, sex, disability, familial status or national origin. This guidance discusses how the Fair Housing Act applies to a housing provider’s consideration of a person’s limited ability to read, write, speak or understand English. Specifically, this guidance addresses how the disparate treatment and discriminatory effects methods of proof apply in Fair Housing Act cases in which a housing provider bases an adverse housing action –...Open Publication

Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters and Other Facilities

created on Mon, 2017-04-03   •   updated on Mon, 2017-04-03
This Notice provides guidance to recipients and subrecipients receiving Emergency Solutions Grants (ESG), Continuum of Care (CoC) or Housing Opportunities for Persons with AIDS (HOPWA) funds regarding how best to provide shelter to transgender persons in a single-sex facility. This notice also provides guidance on appropriate and inappropriate inquiries related to a potential or current client’s sex for the purposes of placing transgender persons in temporary, emergency shelters, or other facilities with shared sleeping areas or bathrooms. For entire Notice: https://www.hudexchange.info/...Open Publication

Notice of Program Eligibility for HUD Assisted and Insured Housing Programs for All People Regardless of Sexual Orientation, Gender Identity or Marital Status as Required by HUD’s Equal Access Rule

created on Mon, 2017-04-03   •   updated on Wed, 2017-04-05
Subject: Notice of Program Eligibility for HUD Assisted and Insured Housing Programs for All People Regardless of Sexual Orientation, Gender Identity or Marital Status as Required by HUD’s Equal Access Rule Purpose: The purpose of this Housing Notice (Notice) is to: Increase awareness of Office of Housing program participants and stakeholders of the requirements of the HUD Equal Access Rule for actual or perceived discrimination based on sexual orientation, gender identity, or marital status. Introduction: Changes to HUD’s General Regulations: On February 3, 2012, HUD published a final rule...Open Publication

Equal Access to Housing in HUD Programs – Regardless of Sexual Orientation or Gender Identity

created on Mon, 2017-04-03   •   updated on Mon, 2017-04-03
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 5, 200, 203, 236, 400, 570, 574, 882, 891, and 982 [Docket No. FR 5359–F–02] RIN 2501–AD49 Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity AGENCY: Office of the Secretary, HUD. ACTION: Final rule. SUMMARY: Through this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families regardless of sexual orientation, gender identity, or marital status. This rule follows a January 24, 2011, proposed rule, which noted evidence suggesting that...Open Publication

Supplement to Notice of Fair Housing Accessibility Guidelines: Questions and Answers about the Guidelines

created on Wed, 2017-03-15   •   updated on Wed, 2017-03-15
On March 6, 1991 (56 FR 9472), the Department published final Fair Housing Accessibility Guidelines (Guidelines) to provide builders and developers with technical guidance on how to comply with the accessibility requirements of the Fair Housing Amendments Act of 1988 (Fair Housing Act) that are applicable to certain multifamily dwellings designed and constructed for first occupancy after March 13, 1991. Since publication of the Guidelines, the Department has received many questions regarding the applicability of the technical specifications set forth in the Guidelines to certain types of new...Open Publication

Joint HUD/DOJ Statement: Accessibility (Design and Construction) Requirements for Covered Multifamily Dwellings Under the Fair Housing Act

created on Wed, 2017-03-15   •   updated on Wed, 2017-03-15
The Department of Justice and the Department of Housing and Urban Development are jointly responsible for enforcing the federal Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One of the types of disability discrimination prohibited by the Act is the failure to design and construct covered multifamily dwellings with certain features of accessible design. This Joint Statement provides guidance regarding the persons, entities, and types of housing and related facilities that are subject to...Open Publication

Guidance on Application of Fair Housing Act Standards to the Enforcement of Local Nuisance and Crime-Free Housing Ordinances Against Victims of Domestic Violence, Other Crime Victims, and Others Who Require Police or Emergency Services

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
HUD’s Office of General Counsel issues this guidance to explain how the Fair Housing Act applies to ensure that the growing number of local nuisance ordinances and crimefree housing ordinances do not lead to discrimination in violation of the Act. This guidance primarily focuses on the impact these ordinances may have on domestic violence victims, but the Act and the standards described herein apply equally to victims of domestic violence and other crimes and to those in need of emergency services who may be subjected to discrimination prohibited by the Act due to the operation of these...Open Publication

Questions and Answers Concerning the Final Rule Implementing the Housing for Older Persons Act of 1995 (HOPA)

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
Title VIII of the Civil Rights Act of 1968 (the Federal Fair Housing Act), as amended by the Fair Housing Amendments Act of 1988 (the Fair Housing Act), prohibits discrimination in housing and real estate-related transactions based on race, color, religion, sex, national origin, handicap and familial status (in general, the presence of children under the age of 18 in the household). The prohibition against discrimination based on familial status became effective March 12, 1989. The Act contained a provision exempting "senior" housing from the prohibition against familial status discrimination.Open Publication

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