Policy and Guidance

Category

Use of Recreational Facilities by Children

created on Mon, 2017-08-21   •   updated on Mon, 2017-08-21
Legal Opinion: GME-0012 Index: 9.206 Subject: Use of Recreational Facilities by Children Letter from Frank Keating, HUD General Counsel, regarding which types of restrictions on the use of swimming pools and recreation rooms by children are legal and which are illegal under the Fair Housing Act. September 29, 1992Open Publication

Standing in Accessibility Cases in Light of Ricks

created on Mon, 2017-07-31   •   updated on Mon, 2017-07-31
MEMORANDUM FOR: All Fair Housing Enforcement Center Directors All Program Operations and Compliance Center Directors (Large and Small) FROM: Sara Pratt, Director, Office of Investigations SUBJECT: Standing in Accessibility Cases in Light of Ricks v. Beta Development Co. , 1996 U.S. App. LEXIS 19743 (9th Cir. Aug. 1, 1996) This memorandum discusses standing under paragraphs 804 (f)(1) and (2) of the Fair Housing Act ("Act"). It advises that, under paragraph 804 (f)(1), complaints against respondents who allegedly failed to design and construct accessible housing should be dismissed where the...Open Publication

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

Violence Against Women Act (VAWA) Reauthorization Act of 2013 – Additional Guidance for Multifamily Owners and Management Agents

created on Fri, 2017-06-30   •   updated on Mon, 2017-08-21
Notice: H 2017-05 Issued: June 30, 2017 This notice provides guidance to owners and management agents (O/As) of HUD multifamily assisted housing on the requirements of the Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs, Final Rule, published in the Federal Register on November 16, 2016, (81 Fed. Reg. 80724 (November 16, 2016)) (VAWA Final Rule). This notice does not encompass every aspect of the VAWA Final Rule and should be used in conjunction with the VAWA Final Rule. This notice supersedes Housing Notices H 2010-23 and H 2009-15.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

Violence Against Women Reauthorization Act of 2013 Guidance

created on Fri, 2017-05-19   •   updated on Mon, 2017-08-21
Notice PIH-2017-08 (HA) Issued: May 19, 2017 This notice provides guidance to Public Housing Agencies (PHAs) and owners on the requirements of the Violence Against Women Reauthorization Act of 2013: Implementation in HUD Housing Programs, Final Rule, published in the Federal Register on November 16, 2016, (81 Fed. Reg. 80724 (November 16, 2016)) (VAWA Final Rule) with respect to the Public Housing and Housing Choice Voucher (HCV) programs. This notice does not encompass every aspect of the VAWA Final Rule and should be used in conjunction with the VAWA Final Rule. This notice supersedes HUD...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

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