HUDBlast February 13, 2012
For an archive of HUDBlasts visit RBD online at www.rbdnow.com
New Federal Protections Based on Sexual Orientation, Gender Identity & Marital Status
The Fair Housing Act prohibits discrimination in rental, sales and lending on the basis of race, color, national origin, religion, sex, disability and familial status. While the Fair Housing Act has not been amended, U.S. Housing and Urban Development (HUD) Secretary Shaun Donovan announced new regulations intended to ensure that HUD's core housing programs are open to all eligible persons regardless of:
Approximately 20 states, and the District of Columbia, and more than 150 cities, towns and counties across the nation already have protections that specifically prohibit housing discrimination against Lesbian, Gay, Bi-sexual or Transgendered (LGBT) individuals.
This Final Rule identifies new program requirements for HUD’s rental assistance and homeownership programs, which include the Federal Housing Administration (FHA) mortgage insurance programs, community development programs, and public and assisted housing programs.
The new regulations were published as final in the Federal Register last week. These changes will go into effect 30 days after the rule is published.
The Final Rule published as Equal Access to Housing in HUD Programs – Regardless of Sexual Orientation or Gender Identity, makes the following provisions:
· Requires owners and operators of HUD-assisted housing, or housing whose financing is insured by HUD, to make housing available without regard to the of sexual orientation, gender identity, or marital status.
· Clarifies that all otherwise eligible families, regardless of marital status, sexual orientation, or gender identity, will have the opportunity to participate in HUD programs.
· Prohibits owners and operators of HUD-assisted housing or housing insured by HUD from asking about an applicant or occupant’s sexual orientation and gender identity for the purpose of determining eligibility or otherwise making housing available. ( Note: In response to comments on the proposed rule, HUD has clarified this final rule to state that this provision does not prohibit voluntary reporting of sexual orientation or gender identity)
HUD’s Housing division has not issued any official guidance regarding this new rule and how it will affect programs governed by HUD Handbook 4350.3 Revision 1. Please be on the lookout for any future guidance and/or clarifications.
To view the final rule, go to HUD’s web site at:
To view the press release, visit HUD’s web site at http://portal.hud.gov/hudportal/HUD?src=/press/press_releases_media_advisories/2012/HUDNo.12-014
Join RBD for Training in the Following Cities
We’ve designed an entirely new curriculum to ensure that property management professionals get the “biggest bang” for their training dollars. The new classes offer something for everyone!
In the TRACS/EIV training class, we will discuss the “secret” to successful TRACS processing. In addition, we will discuss clarifications and changes provided by HUD regarding TRACS submissions, processing new certifications using the new 50059, the new voucher submission process - including paperless voucher submission - and the new method for recording repayments. In the afternoon, we’ll provide you with a few ideas to make the use of EIV faster, easier and more consistent.
In the HUD Occupancy/Fair Housing training class, we’ll review some recent changes to HUD’s regulatory requirements including how properties may be affected by the change to the PBCA contracts. We’ll also discuss changes to the Management and Occupancy Review and go over some of the new questions on the form. In the afternoon, we will explain general fair housing requirements. We dedicate a large portion of this session to discussion about fair housing and Section 504 protections for people with disabilities. The class includes best practice tips to assist you when addressing some of the more complex fair housing concerns like complying with HUD’s requirements for live-in aides and verifying and addressing the need for companion/service animals.
Training includes sample forms, notices and policies that can be used to help you develop your own custom documents.
To sign up for the HUDBlast, visit our web site at www.rbdnow.com. Just enter your email address in the box in the center of the home page. You can view previously posted HUDBlasts from our web site at http://www.rbdnow.com/hudblasts.htm
We also encourage you to sign-up for the Listserv, so you can receive current RHIIP related information from HUD http://www.hud.gov/subscribe/mailinglist.cfm. You can view the RHIIP Tips Archives, under "Listserv-Multifamily RHIIP Tips" at http://www.hud.gov/offices/hsg/mfh/rhiip/mfhrhiip.cfm
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