Fair Housing Policy & Guidance

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Fair Housing Policy & Guidance

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The Fair Housing Act and Related Laws

Fair Housing Laws

Title VII of the Civil Liberty Act of 1968 (the Fair Housing Act), as changed, (www.justice.gov).
prohibits discrimination in the sale, rental, and funding of dwellings, and in other housing-related transactions, based upon race, color, national origin, religion, sex, and familial status.

Title VI of the Civil Rights Act of 1964 (www.justice.gov).
Title VI restricts discrimination on the basis of race, color, or national origin in programs and activities receiving federal monetary assistance.

Section 504 of the Rehabilitation Act of 1973 (www.congress.gov).
Section 504 prohibits discrimination based on special needs in any program or activity receiving federal financial assistance.

Section 109 of Title I of the Housing and Community Development Act of 1974 (govinfo.gov).
Section 109 restricts discrimination on the basis of race, color, nationwide origin, sex or religious beliefs in programs and activities getting financial support from HUD's Community Development and Block Grant Program.

Title II of the Americans with Disabilities Act of 1990 (www.ada.gov).
Title II forbids discrimination based on special needs in programs, services, and activities provided or made offered by public entities. HUD enforces Title II when it relates to state and local public housing, housing help and housing recommendations.

Architectural Barriers Act of 1968 (www.access-board.gov).
The Architectural Barriers Act needs that buildings and centers developed, constructed, modified, or leased with certain federal funds after September 1969 need to be accessible to and useable by handicapped individuals.

Age Discrimination Act of 1975 (www.dol.gov).
The Age Discrimination Act restricts discrimination on the basis of age in programs or activities receiving federal monetary help.

Title IX of the Education Amendments Act of 1972 (www.congress.gov).
Title IX prohibits discrimination on the basis of sex in education programs or activities that get federal monetary support.

The Violence Against Women Reauthorization Act of 2022 (www.gpo.gov).
The Violence Against Women Reauthorization Act of 2013 restricts discrimination on the basis that an individual has been a victim of domestic violence, dating violence, sexual attack, and stalking.

Fair Housing Related Executive Orders

Executive Order 11063 (govinfo.gov).
Executive Order 11063 prohibits discrimination in the sale, leasing, leasing, or other disposition of residential or commercial properties and centers owned or operated by the federal government or offered with federal funds.

Executive Order 12892 (PDF).
Executive Order 12892, as amended, requires federal companies to affirmatively further reasonable housing in their programs and activities, and supplies that the Secretary of HUD will be accountable for collaborating the effort. The Order also develops the President's Fair Housing Council, which will be chaired by the Secretary of HUD.

Executive Order 13217 (PDF).
Executive Order 13217 needs federal agencies to assess their policies and programs to identify if any can be revised or customized to improve the availability of community-based living plans for persons with impairments.

Fair Housing Guidance by Federal Program

The Emergency Solutions Grant Program (" ESG")

Fair Housing guidance and ESG program guides, webinars, tools and design templates are available on the ESG page of the OneCPD website (www.onecpd.info), the Interim ESG Rule (www.ecfr.gov), and the Interim COC Rule (www.ecfr.gov).

TDHCA receives and administers federal funds for the ESG program. Visit the TDHCA ESG Program page for more information.

The Community Development Block Grant (" CDBG") and CDBG Disaster Program

CDBG entitlement, state, and program sub receivers ought to evaluate HUD's CDBG page (hud.gov) for a list of applicable guidelines worrying CDBG and reasonable housing.

For training related to CDBG Disaster, see HUD's CDBG Disaster Recovery Assistance page (hud.gov).

TDA and TDHCA get and administer federal funds for the CDBG program. GLO receives and administers federal funds for the CDBG Disaster program. For TDA info, go to TDA (www.texasagriculture.gov); for more information about CDBG disaster programs, check out GLO (www.glo.texas.gov).

The HOME Investment Partnerships Program

Guidance on fair housing requirements and the HOME program is readily available in the HOME Final Rule at 24 CFR Part 92 (www.ecfr.gov).

TDHCA, together with other Texas Participating Jurisdictions (" PJs"), gets and administers federal funds for the HOME Single Family and Multifamily programs. Visit TDHCA HOME Single Family and HOME Multifamily pages to learn more.

The Housing Opportunities for Persons With AIDS Program (" HOPWA")

Recipients and subrecipients of Federal HOPWA funds should adopt procedures to ensure that all individuals who get approved for HOPWA support, no matter their race, color, religion, sex, age, national origin, familial status, or disability understand of the schedule of the HOPWA program, including centers and services accessible to individuals with specials needs, and keep proof of implementation of how they guarantee these treatments. These and other non-discrimination and equivalent chance laws and regulations are described in HOPWA guidelines at 24 CFR Part 574 (www.ecfr.gov) and others are integrated by reference, such as 24 CFR Part 5 (www.ecfr.gov), appropriate provisions of the ADA (www.ada.gov), and 28 CFR Parts 35 and 36 (www.ecfr.gov).