About the Federal Register 3535(d) and 5301-5320. On June 10, 2021, HUD promulgated an interim final rule, Restoring Affirmatively Furthering Fair Housing Definitions and Certifications (AFFH IFR), in order to repeal the PCNC Rule and restore legally supportable definitions and certifications for program participants. Instead, the data provided by HUD, along with local data and local knowledge, should be sufficient to drive the program participant's analysis and ultimate identification of goals and strategies. The notice shall: (1) Fix a date not less than twenty days after the date of the notice for the program participant to request the administrative law judge schedule a hearing; or. Are there changes that can be made to this proposed rule that would further incentivize timely and sufficient submissions? relating to housing and urban development . (i) Which areas within the geographic area of analysis have significant concentrations of particular protected class groups, including racial/color/ethnic groups, national origin groups, particular limited English proficient (LEP) groups, individuals with disabilities, and other protected class groups? Has HUD appropriately captured the types of populationsbased on the characteristics protected by the Fair Housing Actthat have historically been underserved and continue to be underserved today in communities in the new definition of Underserved communities, and if not, which additional types of populations or groups should HUD consider adding to this definition? California Anti-Discrimination Housing Laws (3) For each PHA with a combined total number of public housing units and vouchers between 1,000 and 9,999 or PHAs that operate statewide, which includes certain Qualified PHAs, the first Equity Plan shall be submitted no later than 365 calendar days prior to the date for which a new 5-year plan is due following the start of the fiscal year that begins on or after January 1, 2026. HUD will also make the data HUD provides to program participants publicly available, including maps and other information demonstrating the existence of fair housing issues such as segregated areas, to facilitate public engagement throughout the process. HUD Equal Opportunity / Fair Housing Poster (Spanish d. Should the section on fair housing goals (5.154(g)) be modified, improved, or streamlined so that program participants can set appropriate goals for overcoming systemic issues impacting their communities? 3535(d), 12 U.S.C. Finally, the 2015 AFFH Rule's review process was not transparent enough to allow the public to know why HUD accepted or did not accept an AFH. HUD firmly believes that the benefits of this rule justify the costs of compliance. 42 U.S.C. In particular, should the final rule specify the circumstances under which a program participant necessarily will lose funding, and if so, what are those circumstances? % k. Are there areas of analysis that HUD should include for PHAs that it has not included in this proposed rule that would better assist PHAs in meeting their obligation to affirmatively further fair housing? In the first appellate decision interpreting section 3608, for example, the U.S. Court of Appeals for the Third Circuit emphasized the importance of racial and socioeconomic data to ensure that the agency's judgment was an informed one based on an institutionalized method to assess site selection and related issues. The definition of affordable housing opportunities is included in this proposed rule to assist program participants in identifying whether and in which areas of their communities members of protected class groups lack access to affordable housing opportunities. while exploring possible improvements to the existing AFFH-T Data & Mapping Tool. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. since 1990 or the three last decennial censuses, whichever is shorter)? that are not located within the same State that seek to collaborate on a joint Equity Plan must submit a written request to HUD for approval of the collaboration, stating why the collaboration is appropriate. HUD seeks comment on the extent to which it can achieve significant burden reduction for smaller program participants (and in particular small PHAs) by clarifying expectations in this manner rather than altering the proposed questions. WebWe would like to show you a description here but the site wont allow us. . (g) Publication. permitting electronic submission of responses. Paragraphs (a) and (b) of 5.154 provide the general requirement to conduct and submit an Equity Plan, including the obligation to engage the community in the development of the Equity Plan. 3501-3520). (3) The citizen participation plan shall require the jurisdiction to consider any comments or views of residents of the community received in writing, or orally at public hearings, if any, in preparing the substantial amendment of the consolidated plan. e.g.,2 CFR 200.208). WebNYS HOUSING AND ANTI-DISCRIMINATION NOTICE Rossana Rosado Secretary of State A Division of the New York Department of State Kathy Hochul Governor ALBANY OFFICE: One Commerce Plaza, 99 Washington Avenue, P.O. Proposed 5.164 sets out the minimum criteria for when an Equity Plan must be revised. (5) Program participants must employ communication methods designed to reach the broadest possible audience and should make efforts to reach members of protected class groups that have historically been denied equal opportunity and underserved communities. Both anecdotal evidence and empirical research continue to demonstrate that many low-income families in all protected class groups face barriers to obtaining or keeping housing in well-resourced, low-poverty areas that provide access to opportunity and community assets, such as desirable schools, parks, grocery stores, and reputable financial institutions, among others. Region (8) A program participant may, if practicable, combine the requirements of this section with applicable public participation requirements of consolidated plan program participants and PHAs, subject to the following requirements: (i) 3608(e)(5)) requires that HUD programs and activities be administered in a manner that affirmatively furthers the policies of the Fair Housing Act. For example, has there been an expansion or decrease in the number of R/ECAPs in the geographic area of analysis? At a minimum, the citizen participation plan shall require the State to make reasonable efforts to provide language assistance to ensure meaningful access to participation by non-English speaking persons in the development of the consolidated plan. If voluntary resolution is not achieved and a violation is found, the Responsible Civil Rights Official shall issue a Letter of Findings to the program participant and complainant, if any. (c) If you need help, there are resources available to you: The citizen participation plan shall describe the jurisdiction's procedures for ensuring effective communication with persons with disabilities, consistent with the jurisdiction's obligations under section 504 of the Rehabilitation Act and HUD's implementing regulation at 24 CFR part 8 and title II of the Americans with Disabilities Act and the implementing regulation at 28 CFR part 35. Underserved communities HUD is soliciting comment on this proposed rule and also seeks comment on specific topics in Section IV of this preamble. see also infra [10] The information about activities shall include whether the activities are for purposes of implementing the fair housing goals from the Equity Plan. (viii) Takes appropriate actions, to the satisfaction of the Responsible Civil Rights Official, to remedy known fair housing or civil rights violations. (iii)(A) Compare the locations of publicly supported housing with the areas of concentration (identified in paragraph (d)(2)(i) of this section). (h) The definition of disability in this proposed rule, as in the 2015 AFFH Rule, is intended to be consistent with other Federal civil rights laws with which program participants must comply, such as section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), as amended by the ADA Amendments Act of 2008. Executive Order 13563 also requires an agency to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.. Start Preamble Start Printed Page 8516 AGENCY: Office of the Secretary, Department of Housing and Urban Development (HUD). Some program participants, working on their own or with technical assistance from HUD, conducted successful fair housing analyses using the Assessment Tool. i.e., Start Printed Page 8528 What is the relationship of the public housing agency plans to the Consolidated Plan and a PHA's fair housing and civil rights requirements? Section 91.230 is revised to read as follows: The plan must describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan, including strategies and actions that address the fair housing issues and goals identified in the Equity Plan and that the jurisdiction will use to ensure long-term compliance with requirements of the programs involved, including civil rights related program requirements, minority business outreach, and the comprehensive planning requirements. Limited English In 91.425, paragraph (a)(1)(i) is revised to read as follows: (i) e.g., This section and 5.151 through 5.180 aim to provide publicly transparent processes, to provide flexibility and avoid unnecessary burden and confusion for program participants, and to create accountability mechanisms that ensure HUD, program participants, and the public at large, all can play a part in meeting the urgent need to ensure that local fair housing issues are fully identified and meaningfully addressed. HOUSING Information on Fair Housing. Paragraph (k)(1) requires the action plan to address the actions that the local government plans to take during the next year to address fair housing issues identified in the Equity Plan. As the Supreme Court held in Another study concluded with respect to income disparities that initiatives whose impacts cross neighborhood and class lines and increase upward mobility specifically for Black men hold the greatest promise of narrowing the [B]lack-[W]hite gap. If a Letter of Findings of Noncompliance is issued, the Responsible Civil Rights Official or Reviewing Civil Rights Official shall attempt to resolve the matter by informal means, as applicable. Auth., Facilitating access to housing can serve as a critical lifeline for these populations that have long been denied equal access in many aspects of American life. means the consistent and systematic fair, just, and nondiscriminatory treatment of all individuals, regardless of protected characteristic, including concerted actions to overcome past discrimination against underserved communities that have been denied equal opportunity or otherwise adversely affected because of their protected characteristics by public and private policies and practices that have perpetuated inequality, segregation, and poverty. Publicly supported housing 56. Paragraphs (a)(1), (a)(2)(i) and (ii), and (a)(3) and (4) are revised; c. The introductory text of paragraph (b), paragraphs (b)(1) and (2), the introductory text of paragraph (b)(3), and paragraphs (b)(4) and (5), (f), and (h) are revised. Commencing with consolidated plans submitted in or after January 1, 2018, the State shall also encourage the participation of public and private organizations, including broadband internet service providers, organizations engaged in narrowing the digital divide, agencies whose primary responsibilities include the management of flood prone areas, public land or water resources, and emergency management agencies in the process of developing the consolidated plan. The plan must also establish the State's maximum per-unit development subsidy limit for housing assisted with HTF funds. See 42 U.S.C. f. Should HUD require the community engagement process to afford a minimum amount of time for different types of engagement activities ( 3608(d)) directs other Federal agencies to administer their programs . [5] https://tcf.org/content/report/closing-americas-education-funding/. means information not provided by HUD that relates to the program participant's geographic areas of analysis, is relevant to the identification of fair housing issues in the program participant's Equity Plan and for setting of fair housing goals to overcome the effects of identified fair housing issues pursuant to 5.154, is known or becomes known to the program participant, and is necessary for the completion of the Equity Plan. (2) Comply with title VI of the Civil Rights Act of 1964 (42 U.S.C. underserved populations), that are protected classes or who share a particular characteristic, disproportionately include members of protected class groups, and have not received equitable treatment, as well as geographic communities ( available at https://www.ama-assn.org/delivering-care/patient-support-advocacy/reducing-disparities-health-care. In determining how to prioritize fair housing issues within each fair housing goal category, program participants shall give highest priority to fair housing issues that will result in the most effective fair housing goals for achieving material positive change for underserved communities, taking into account that different protected class groups may be impacted by different fair housing issues. Id. The current regime, while providing substantial flexibility, lacks a standardized mechanism to promote compliance with the statutory obligation. 4. Aided by training, technical assistance, and HUD-provided data as well as local knowledge, local data, and information from engaging with their communities and other agencies or government entities in their geographic area of analysis, program participants will develop the Equity Plan and submit to HUD for review. Supplement to Notice of Fair Housing Accessibility This burden is generally accounted for in the Consolidated Planning and PHA Plan Information Collection Requests (ICRs). (ii) A fair housing goal to overcome segregation in specific neighborhoods and promote integration and fair housing choice in others could consist of expanding mobility programs to provide more housing opportunities in well-resourced areas of opportunity for individuals or families that utilize housing vouchers. HUD is contemplating making its provision of these data more user friendly in ways that will reduce burden for smaller program participants and those with fewer resources while increasing their understandingand their communities' understandingof what those data signify. It also would provide greater accountability mechanisms and increase transparency to and participation by the public. (1) The Responsible Civil Rights Official shall investigate complaints and may periodically conduct reviews of program participants in order to ascertain whether there has been a failure to comply with this subpart or the program participant's obligation to affirmatively further fair housing under the Fair Housing Act. FAIR HOUSING The assistance need not include the provision of funds to the groups. Rather, the proposed rule is intended to empower and require program participants to meaningfully engage with their communities and confront difficult issues in order to achieve integrated living patterns, overcome historic and existing patterns of segregation, reduce racial and ethnic concentrations of poverty, increase access to homeownership, and ensure realistic and truly equal access to opportunity and community assets for members of protected class groups, including those in historically underserved communities. www.regulations.gov WebFair Housing Assistance Program ; Fair Housing Initiatives Program ; Fair Housing Accessibility FIRST PDF Reader . For questions that ask about livable wage jobs, while HUD provides several data points that relate to employment, labor participation, and proximity to jobs, it acknowledges that the data may not capture the full picture. As a result, HUD will have a clear mechanism to remedy noncompliance with the requirement to have an accepted Equity Plan, including the ability to take a range of actions (up to and including the cut-off of Federal funding where appropriate) against program participants who fail to provide or comply with such special assurances. using the HOME Investment Partnerships (HOME) program, or zoning code reform. (5)(i) Describe how the priorities and specific objectives of the jurisdiction under paragraph (a)(4) of this section will affirmatively further fair housing by setting forth fair housing strategies and meaningful actions consistent with the fair housing goals and other elements of the Equity Plan conducted in accordance with 5.150 through 5.180 of this title.
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