Fair Housing and Equal Opportunity - Key Requirements

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"Fair Housing" and "Equal Opportunity" requirements prohibit discrimination based on race, color, religion, sex, age, national origin, familial status, and disability in nearly all aspects of housing transactions, including the sale, rental, and financing of housing. PJs are responsible for ensuring that all housing developed or otherwise assisted with HOME funds is made available on a nondiscriminatory basis.

Which Fair Housing and Equal Opportunity regulations should PJs and their partners consider when implementing their HOME programs?

Key fair housing regulations include the following:

• Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d et seq.)
  The Civil Rights Act defines and prohibits discrimination based on race, color, or national origin. Its protections have been greatly expanded by subsequent legislation.
  
  
• Fair Housing Act, as amended (42 U.S.C. 3601-3620)
  The Fair Housing Act was enacted to prevent discrimination in rental and homeownership housing. The Act prohibits all forms of discrimination, in public and private housing markets, that is based on race, color, sex, religion, national origin, disability, or familial status.
  
  
• Age Discrimination Act of 1975, as amended (42 U.S.C. 6101)
  The Act prohibits discrimination based on age in programs or activities receiving Federal financial assistance. Therefore, while discrimination based on age is not a protected class under the Fair Housing Act, it is unlawful to discriminate based on age in HOME-funded housing. Note: the Fair Housing Act defines circumstances in which a developer can lawfully develop housing exclusively for elderly residents.
  
  
• HOME Site and Neighborhood Standards (24 CFR Part 92.202)
  For newly constructed rental housing assisted with HOME funds, this section of the HOME final rule adopts the site and neighborhood standards defined at Site and Neighborhood Standards (24 CFR Part 983.6 (b)). These site and neighborhood standards ensure that rental housing is not concentrated in neighborhoods that already sustain a high proportion of low-income and/or minority residents, unless such development is undertaken in the context of an overall neighborhood revitalization plan. These standards further require that newly constructed rental housing be located near or accessible to appropriate educational, social, commercial, and health services. It is the responsibility of the HOME PJ to review each project funded with HOME to ensure that they conform to the site and neighborhood standards outlined at § 983.6(b) as these apply to the PJ.
  
  
• Equal Opportunity in Housing (Executive Order 11063, as amended)
  This Executive Order charges Federal agencies involved in housing programs with the responsibility of enforcing nondiscrimination laws, and empowers HUD to carry out all actions necessary to prevent discrimination in housing.

Note: PJs and their partners may be subject to additional state or local fair housing and equal opportunity laws. If that is the case, the more stringent standards apply.