Policy and Guidance

Category

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

Final Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons; Notice

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
EO 13166 directs federal agencies that extend assistance, subject to the requirements of Title VI, to publish Guidance to clarify recipients’ obligations to LEP persons. This final Guidance follows publication of the proposed Guidance on Dec. 19, 2003. Effective Date: Feb. 21, 2007Open Publication

Guidance for Public Housing Agencies and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-29
The purpose of this Notice is to inform PHAs and owners of other federally-assisted housing that arrest records may not be the basis for denying admission, terminating assistance or evicting tenants, to remind PHAs and owners that HUD does not require their adoption of “One Strike” policies, and to remind them of their obligation to safeguard the due process rights of applicants and tenants. The Notice also reminds PHAs and owners of their obligation to ensure that any admissions and occupancy requirements they impose comply with applicable civil rights requirements contained in the Fair...Open Publication

Frequently Asked Questions (FAQs) on Equal Treatment and the Faith-Based and Community Initiative

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
Many organizations seek guidance as to whether they can continue the religious component of their total service delivery if they receive HUD funding. This question generally falls under the heading of "Equal Treatment." HUD, along with other Federal Agencies, has put Equal Treatment Regulations in place to insure that faith-based and secular non-profit organizations are aware of their rights and are treated equally in the grants process. Below you will find some frequently asked questions on this topic, with general answers. If you have any doubt or need specific information after reading...Open Publication

Guidance on Non-Discrimination and Equal Opportunity Requirements for Public Housing Authorities

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
The purpose of this notice is to remind public housing agencies (PHAs), including those in the Moving to Work (MTW) demonstration, of their obligation to comply with key non-discrimination and equal opportunity laws and implementing regulations, including those in 24 CFR § 5.105(a). Specific laws and regulations must be viewed in their entirety for full compliance, as the notice does not incorporate a complete discussion of all legal authorities.Open Publication

FAQs: Excluding the Use of Arrest Records in Housing Decisions

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-08
These FAQs are issued by HUD’s Office of Public and Indian Housing (“PIH”), Office of Housing, and Office of General Counsel to address questions raised by Notice PIH 2015-19 / H 2015-10, which was issued on November 2, 2015, and is entitled Guidance for Public Housing Agencies (PHAs) and Owners of Federally-Assisted Housing on Excluding the Use of Arrest Records in Housing Decisions. These FAQs are intended as a supplemental resource to Notice PIH 2015-19 / H 2015-10.Open Publication

Fair Housing Enforcement—Occupancy Standards (Keating Memo)

created on Wed, 2017-03-08   •   updated on Wed, 2017-03-29
See Appendix A for the "Keating Memo" (Fair Housing Enforcement Policy: Occupancy Cases) SUMMARY: This statement of policy advises the public of the factors that HUD will consider when evaluating a housing provider’s occupancy policies to determine whether actions under the provider’s policies may constitute discriminatory conduct under the Fair Housing Act on the basis of familial status (the presence of children in a family). Publication of this notice meets the requirements of the Quality Housing and Work Responsibility Act of 1998. DATES: Effective date: December 18, 1998. [Docket No. FR–...Open Publication

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