(Programs Administered by FHEO)
The Assistant Secretary for Fair Housing and Equal Opportunity
(FHEO) administers and enforces major legislation that ensures equal
access to housing, guarantees equal opportunity in all HUD programs
and prohibits, to a limited extent, discrimination in employment
with respect to HUD programs.
Basic components of the Office of Fair Housing and Equal Opportunity
are as follows:
The FAIR HOUSING ACT
Title VIII of the Civil Rights Act of 1968 (Fair Housing Act) prohibits
discrimination in the sale, rental and financing of dwellings based
on race, color, religion, sex or national origin. Title VIII was amended
in 1988 (effective March 12, 1989) by the Fair Housing Amendments
Act, which:
- expanded the coverage of the Fair Housing Act to prohibit discrimination
based on disability or on familial status (presence of child under
age of 18, and pregnant women);
- established new administrative enforcement mechanisms with HUD
attorneys bringing actions before administrative law judges on
behalf of victims of housing discrimination; and
- revised and expanded Justice Department jurisdiction to bring
suit on behalf of victims in Federal district courts.
In connection with prohibitions on discrimination against individuals
with disabilities, the Act contains design and construction accessibility
provisions for certain new multifamily dwellings developed for first
occupancy on or after March 13, 1991.
HUD has had a lead role in the administering the Fair Housing
Act since its adoption in 1968. The 1988 amendments, however, have
greatly increased the Department's enforcement role. First, the
newly protected classes have proven significant sources of new complaints.
Second, HUD's expanded enforcement role took the Department beyond
investigation and conciliation into the mandatory enforcement area.
Complaints filed with HUD are investigated by the Office of Fair
Housing and Equal Opportunity (FHEO). If the complaint is not successfully
conciliated then FHEO determines whether reasonable cause exists
to believe that a discriminatory housing practice has occurred.
Where reasonable cause is found, the parties to the complaint are
notified by HUD's issuance of a Determination, as well as a Charge
of Discrimination, and a hearing is scheduled before a HUD administrative
law judge. Either party -- complainant or respondent -- may cause
the HUD-scheduled administrative proceeding to be terminated by
electing instead to have the matter litigated in Federal court.
Whenever a party has so elected, the Department of Justice takes
over HUD's role as counsel seeking resolution of the charge on behalf
of aggrieved persons, and the matter proceeds as a civil action.
Either form of action -- the ALJ proceeding or the civil action
in Federal district court -- is subject to review in the U. S. Court
of Appeals.
Significant Recent Changes
1. In addition to expanding the number of protected classes and
creating new enforcement procedures, the 1988 amendments to the
Fair Housing Act also created an exemption to the provisions baring
discrimination on the basis of familial status for those housing
developments that qualified as housing for persons age 55 or older.
The Housing for Older Persons Act of 1995 (HOPA) makes several changes
to the 55 and older exemption. First, it eliminates the requirement
that 55 and older housing have "significant facilities and services"
designed for the elderly. Second, HOPA establishes a "good faith
reliance" immunity from damages for persons who in good faith believe
that the 55 and older exemption applies to a particular property,
if they do not actually know that the property is not eligible for
the exemption and if the property has formally stated in writing
that it qualifies for the exemption.
HOPA retains the requirement that housing must have one person
who is 55 years of age or older living in at least 80% of its occupied
units. It also still requires that housing publish and follow policies
and procedures that demonstrate an intent to be housing for persons
55 and older (rather than housing for adults or for singles, for
example).
An exempt property will not violate the Fair Housing Act if it
excludes families with children, but it does not have to do so.
Of course, the property must meet the Act's requirements that at
least 80% of its occupied units have at least one occupant who is
55 or older, and that it publish and follow policies and procedures
which demonstrate an intent to be 55 and older housing.
On April 2, 1999, HUD published a final regulation implementing
the HOPA. The HOPA
final regulation became effective on May 3, 1999.
2. Changes were made to enhance law enforcement including amendments
to criminal penalties in section 901 of the Civil Rights Act of
1968 for violations of the Fair Housing Act in Title VIII. See Section
320103(e) of the Violent Crime Control and Law Enforcement Act of
1994. P.L. 103-322 (9/13/94).
3. Changes were made to provide incentives for self- testing by
lenders for discrimination under the Fair Housing Act and the Equal
Credit Opportunity Act. See Title II, subtitle D of the Omnibus
Consolidated Appropriations Act, 1997, P.L. 104- 208 (9/30/96).
Legal Authority: Fair Housing Act, 42 U.S.C. 3601, et seq;
24 CFR Parts 100, 103, and 104.
Program Status: Fair Housing Enforcement (Title VIII),
excludes grant programs, is covered by Salaries and Expense Account
appropriations.
The Fair Housing Initiatives Program (FHIP) was established by the
HCD Act of 1987 and was amended by the HCD Act of 1992. FHIP provides
funding to public and private entities formulating or carrying out
programs to prevent or eliminate discriminatory housing practices.
Through four distinct categories of funding, FHIP supports projects
and activities designed to enhance compliance with the Act and substantially
equivalent State and local laws prohibiting housing discrimination.
These activities include programs of enforcement, voluntary compliance,
and education and outreach. The program provides a coordinated approach
to:
- further the purposes of the Fair Housing Act;
- guarantee the rights of all Americans to seek housing in an
open market free of discrimination; and
- inform the American citizenry of its rights and obligations
under the Fair Housing Act.
Legal
Authority: Section 561 of the HCD Act of 1987, (42 U.S.C. 3616
note; 24 CFR Part 125).
The
Fair Housing Assistance Program (FHAP) grants are awarded annually
on a noncompetitive basis to State and local fair housing enforcement
agencies once they demonstrate a fair housing law that is substantially
equivalent to the federal Fair Housing Act.
At
the beginning of an agency's participation in the FHAP, HUD provides
a flat amount of funds for capacity building. Following the period
of capacity building, the Department will provide the agency with
contributions funds for complaint processing, administrative costs,
special enforcement efforts, training and other projects designed
to enhance the agency's administration and enforcement of its fair
housing law.
Legal
Authority: Section 817 of the Civil Rights Act of 1968 (the
Fair Housing Act) as amended (42 U.S.C. 3601). Program regulations
are at 24 CFR Part 115.
TITLE VI of the CIVIL RIGHTS ACT of 1964
The Fair Housing and Equal Opportunity, Office of Program Compliance,
investigates complaints pursuant to Title VI of the Civil Rights Act
of 1964 (Title VI). Title VI prohibits discrimination on the basis
of race, color or national origin in programs and activities receiving
Federal financial assistance. Complaints must be filed within 180
days of the alleged act of discrimination.
Legal Authority: Title VI Civil Rights Act of 1964, 42
USC 2000d; 24 CFR Part 1.
Program Status: Active.
AGE DISCRIMINATION ACT of 1975
The Age of Discrimination Act of 1975, prohibits discrimination on
the basis of age in programs or activities receiving Federal financial
assistance, directly or through contractual, licensing, or other arrangements
use age distinctions or take any other actions which have the effect,
on the basis of age of:
- excluding individuals from denying them the benefits subjecting
them to discrimination under, a program or activity receiving
Federal financial assistance; or
- denying or limiting individuals their opportunity to participate
in any program or activity receiving Federal financial assistance.
Legal Authority: Age Discrimination Act of 1975, 42 USC 6101
et seq. and HUD Regulations at 24 CFR Part 146.
Program Status: Active.
EXECUTIVE ORDER 11063, NON-DISCRIMINATION
Executive Order 11063 (Non-Discrimination and Equal Opportunity in
Housing) directs HUD and all other executive departments and agencies
to take appropriate action to promote the abandonment of discriminatory
practices with respect to property or facilities owned or operated
by the Federal Government or provided with Federal financial assistance
in the sale, leasing, rental, or other disposition of such property
or facilities.
Legal Authority: E.O. 11063, Non-Discrimination, Issued
Nov. 20, 1962, 27 FR 11527; 24 CFR Part 107.
EXECUTIVE ORDER 12892, EQUAL OPPORTUNITY in HOUSING
Executive Order 12892, as amended (Leadership and Coordination of
Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing),
provides that programs and activities relating to housing and urban
development (including any Federal agency having regulatory or supervisory
authority over financial institutions) shall be administered in a
manner affirmatively to further the purposes of the Act and shall
cooperate with the Secretary of Housing and Urban Development, who
shall be responsible for exercising leadership in furthering the design
and delivery of Federal programs and activities.
Legal Authority: E.O. 12892, Equal Opportunity in Housing,
Issued January 17, 1994, 59 FR 2939.
EXECUTIVE ORDER 12898, ENVIRONMENTAL JUSTICE
Executive Order 12898 provides that each Federal agency shall conduct
its programs, policies, and activities that substantially affect human
health or the environment, in a manner that ensures that such programs,
policies, and activities do not have the effect of excluding persons
(including populations) from participation in, denying persons (including
populations) the benefits of, or subjecting persons (including populations)
to discrimination under, such programs, policies, and activities,
because of their race, color, or national origin.
Legal Authority: E.O. 12898, Environmental Justice, Issued
February 11, 1994; 59 FR 32.
SECTION 504 of the REHABILITATION ACT of 1973, as AMENDED
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination
against persons with disabilities in any program or activity receiving
Federal financial assistance.
Legal Authority: Section 504 of the Rehabilitation Act
of 1973, as amended, 29 USC 794 and 24 CFR Parts 8 and 9
Program Status: Active.
TITLE II of the AMERICANS with DISABILITIES ACT of 1990 (ADA)
Title II of the ADA prohibits discrimination against persons with
disabilities in all services, programs, and activities made available
by State and local governments. The Department of Justice (DOJ) has
coordination authority for the ADA in accordance with Executive Order
11250.
The DOJ regulations cover all State and local governments and
extend the prohibition of discrimination in Federally- assisted
programs established by Section 504 of the Rehabilitation Act of
1973 to all activities of State and local governments, including
those that do not receive Federal financial assistance.
HUD is the designated agency for all programs, services and regulatory
activities relating to State and local public housing, and housing
assistance and referrals. In addition, HUD has jurisdiction over
a State or local government activity when HUD has jurisdiction under
Section 504 of the Rehabilitation Act of 1973.
Legal Authority: Americans with Disabilities Act of 1990
42 USC 12131; DOJ regulation; 28 CFR Part 35.
Program Status: Active.
The ARCHITECTURAL BARRIERS ACT of 1968
The Architectural Barriers Act (ABA) requires buildings and facilities
that are constructed by or on behalf of, or leased by the United States,
or buildings financed, in whole or in part, by a grant or loan made
by the United States to be accessible to persons with mobility impairments.
The Architectural and Transportation Barriers Board (ATBCB) has coordination
authority for the ABA.
Legal Authority: The Architectural Barriers Act, 42 USC
4151, et seq; 24 CFR Parts 40 and 41.
Program Status: Active.
ECONOMIC OPPORTUNITIES for LOW- and VERY LOW-INCOME PERSONS
(Section 3 of the Housing and Urban Development Act of 1968)
Employment. Under the section 3 program, HUD requires PHAs
and their contractors and subcontractors to use their best efforts
to give low- and very low-income persons the training and employment
opportunities generated by public housing development, operating
subsidies, and modernization assistance. For other programs that
provide housing and community development (CD) assistance, HUD is
required to ensure that, to the greatest extent feasible, opportunities
for training and employment arising in connection with housing rehabilitation,
housing construction, or other public construction are given to
such persons in the metropolitan area or nonmetropolitan county.
For both categories, the law establishes priorities among eligible
persons.
Contracting. Section 3 also requires PHAs and their contractors
and subcontractors to make their best efforts to award contracts
to businesses that provide economic opportunities for low- and very
low-income persons. In providing housing and CD assistance under
other programs, HUD is required to ensure that contracts awarded
for work in connection with housing rehabilitation, housing construction,
or other public construction are given to businesses that provide
economic opportunities for such persons in the metropolitan area
or nonmetropolitan county. For both categories, the law establishes
priorities among eligible families.
The objectives of Section 3 are: (1) to use HUD program funds
to provide a springboard for residents to become economically empowered
through direct participation in construction and other activities
designed to physically improve and revitalize their neighborhoods,
and (2) to anchor Departmental efforts to strengthen communities,
promote individual responsibility and reduce dependency on Federal
assistance such as welfare and housing subsidies.
Legal Authority: Section 3 of the HUD Act of 1968; 24 CFR
Part 135.
Program Status: Current program requirements are in effect.
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