HomeMy WebLinkAbout20091187.tiffRESOLUTION
RE: ADOPTION OF AFFIRMATIVE FAIR HOUSING MARKETING GUIDE
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Affirmative Fair Housing Marketing
Guide, dated May 1, 2009, generated by the City of Greeley, Community Development Department,
Greeley Urban Renewal Authority, with terms and conditions being as stated in said guide, and
WHEREAS, after review, the Board deems it advisable to adopt said guide, a copy of which
is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Affirmative Fair Housing Marketing Guide, dated May 1, 2009, generated
by the City of Greeley, Community Development Department, Greeley Urban Renewal Authority, be,
and hereby is, adopted.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 20th day of May, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
WELD COUNIY.s. ,1P.RADO
ATTEST:
Weld County Clerk to he a
Deput Jerk to the Board
APPROVED AS TO FORM
jkCCouy Attoley'Ur w I /
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David E. Long ��((
Date of signature: 6/7/D7
2009-1187
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AFFIRMATIVE FAIR HOUSING
MARKETING GUIDE
Updated 5/1/09
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OPPORTUNITY
City of Greeley, Colorado
Community Development Department
Greeley Urban Renewal Authority
1100 10th Street, Suite 201
Greeley, CO 80631
(970) 350.9380 (phone)
(970) 350.9895 (fax)
carol.larsenna.greeleygov.com (email)
2009-1187
TABLE OF CONTENTS
Affirmative Fair Housing Marketing Policy
• Overview
• City of Greeley's Minimum Affirmative Fair Housing Marketing Plan
Requirements
• Implementation of Affirmative Fair Housing Marketing Plan
• Exhibit A - Legal Basis for Affirmative Fair Housing Marketing
• Exhibit B — Affirmative Fair Housing Marketing (AFHM) Plan — Multifamily
Housing - Form HUD -935.2A
AFFIRMATIVE FAIR HOUSING MARKETING POLICY
OVERVIEW OF AFFIRMATIVE FAIR HOUSING MARKETING
Provisions to affirmatively further fair housing (AFFH) are key, long-standing
components of the U. S. Department of Housing and Urban Development's (HUD's)
housing and community development programs. These provisions came from a mandate
of the Fair Housing Act, which requires the Secretary of HUD to administer the
Department's housing and urban development programs in a manner that "affirmatively
furthers fair housing". Affirmatively furthering fair housing means promoting access to
fair housing and housing choices for all persons equally, and without the threat of
housing discrimination.
An Affirmative Fair Housing Marketing Policy provides information, through marketing
efforts, about the availability of housing in a way that does not discriminate on the basis
of race, color, national origin, sex, religion, familial status (persons with children under
the age of 18 and pregnant women included), or disability. This marketing typically
consists of a good faith effort to attract persons identified as "least likely to apply" or
who may be under -represented in a neighborhood or community in a particular housing
development. Jurisdictions must adopt and implement such a policy and plan to address
the actions that will be taken to ensure that marketing is done in a fair and unbiased
manner, and that it provides choices to persons seeking housing. The policy and plan
must also apply to housing projects that are targeted to serve persons with special needs.
Affirmative marketing should be an integral part of the overall marketing plan for a
housing project. Through such a plan, a property owner commits to special efforts to
attract targeted populations who might not otherwise seek housing in their project and
give them greater housing choices. Affirmative marketing adds little to the cost of a
project, since most of the cost associated with affirmative marketing is already reflected
in the project's overall marketing budget.
All housing projects with, or resulting in five (5) or more federally -assisted housing units
(including projects funded by the Community Development Block Grant, HOME
Investment Partnership Program, and the Neighborhood Stabilization Program) are
required to affirmatively market their project. This requirement is intended to ensure that
Entitlement Communities and Participating Jurisdictions (PJ), as well as sub -recipients,
recipients, and project owners, design and implement a marketing plan that promotes fair
housing by ensuring outreach to all potentially eligible households, particularly those
least likely to apply for assistance
The City of Greeley, a CDBG Entitlement Community and HOME Participating
Jurisdiction, sets forth its policy and procedures in this guide to meet the requirements of
the U. S. Department of Housing and Urban Development's housing and community
development programs and support its commitment to non-discrimination and equal
opportunity in housing.
CITY OF GREELEY'S MINIMUM AFHM PLAN REQUIREMENTS
The City of Greeley and the Greeley Urban Renewal Authority are committed to meeting
the goals of affirmative marketing and will therefore require that all recipients and sub -
recipients receiving CDBG, HOME, NSP, or other federal funds adopt and implement
this policy to inform the public, potential tenants, homebuyers, homeowners, and rental
property owners of the City's Affirmative Fair Housing Marketing Plan.
All AFHM Plans are required to address and provide the following items:
1. A description of how the public, owners, and potential tenants will be informed
about Federal Fair Housing Laws and the PJ's affirmative marketing policy;
2. The requirements and practices that each project owner must adhere to in order to
carry out the PJ's affirmative marketing procedures and requirements;
3. A statement of procedures to be used by owners to inform and solicit applications
from persons in the housing market area who are least likely to apply for the
housing without special outreach;
4. A list of what records the PJ will keep and what records project owners will be
required to keep, about efforts made to affirmatively market housing, and to asses
the results of these actions; and
5. A description of how the PJ will annually assess the success of affirmative
marketing actions and what corrective actions will be taken where affirmative
marketing requirements are not met.
The City of Greeley requires that form HUD -935.2A, attached as "Exhibit A", be filled
out completely and signed by an authorized official of the sponsoring organization,
whether the project is a single-family or multi -family project. Completion of this Form
constitutes the creation of an AFHM Plan for a particular project and includes the
information in Items 1-5 above. (Note: AFHM Plans are not required for programs that
provide tenant -based rental assistance, owner -occupied rehab, or down payment
assistance where assistance is not tied to a specific HOME project).
A. At a minimum, the Greeley Urban Renewal Authority, as sub -recipient of these
funds, and any other recipient of funds where there are five (5) or more federally -
assisted units shall:
1. Commit to including the Equal Housing Opportunity logotype in press
releases and solicitations for participation in the program, including the
public advertisement of rental units throughout the period of affordability;
2. Display the HUD Fair Housing Poster (Exhibit B) in an area accessible to
the public — such as a rental office or project office;
3. Have a written policy for referrals of housing questions and complaints to its
fair housing provider, agency or organization that can provide advice on the
state and federal fair housing laws;
4. Prior to sales or rental activity (or marketing of a TBRA, homebuyer
assistance, or rehabilitation program), the recipient, sub -recipient, or owner
shall identify a minimum of three (3) community contacts (individuals,
organizations, or agencies) actively involved with serving low-income
persons who would benefit from special outreach efforts. Information on
federally -assisted units shall be provided to the identified groups upon
request throughout out any period of affordability.
a. Specific to rental projects: Conduct public outreach, identifying
that the rental property received CDBG, HOME, or NSP
assistance. This information must include the address of the units
and the address and phone number of the owner.
b. Specific to homebuyer projects: Conduct public outreach that
specifically targets residents of public housing and manufactured
housing in the housing market area.
5. Identify populations that are least likely to apply for housing without special
outreach and tailor affirmative requirements to project owners accordingly.
Because there is a growing limited English proficient (LEP) population in
Greeley, the following steps will be taken to serve the LEP population:
a. Translate marketing materials to serve LEP populations, including
populations whose primary language is Spanish or other non-
English languages;
b. Work with minority -owned print media, radio and television
stations;
c. Provide marketing materials in locations that provide free public
service announcements, such as theaters, major shopping areas,
schools, libraries, and other public locations;
d. Partner with faith -based and community organizations that serve
newly arrived immigrants; and
e. Conduct marketing activities at adult -education centers or during
"English as a second language" classes.
6. The Greeley Urban Renewal Authority, as Administrator of the federal
grants, other recipients of grants funds, and owners/developers (or its agent,
if applicable) must collect and maintain information on the sex, race, and
ethnicity of program applicants to demonstrate the results of the owner's
affirmative marketing efforts.
a. For rental projects, the owner (or its agent, if applicable) must, for
the entire period of affordability, maintain information
demonstrating compliance with items 1 and 4 (A) above, and will
make such information available to the Greeley Urban Renewal
Authority staff, as administrators of the City of Greeley's CDBG,
HOME, and NSP funds during any on -site inspections, or upon
request.
B. Each Sub -recipient, Recipient, and/or Owner receiving federal funds through City
of Greeley programs shall maintain records in compliance with the above policies,
including the following:
1. Records documenting the outreach efforts to affirmatively market assisted
units including an annual evaluation of the effectiveness of these efforts.
Minimally, this evaluation shall include a discussion with the organizations
or agencies identified in Item 4 above as to the number of referrals made on
the basis of the information provided by the owners of the assisted units.
2. Monitoring records shall be maintained that indicate the extent to which the
owner has complied with the requirements noted above, and remedies to
resolve instances of non-compliance.
C. In developing an Affirmative Marketing Plan (Form HUD -935.2A), the Greeley
Urban Renewal Authority or other recipient of the funds must accomplish the
following:
1. Tar geting: Identify the segments of the eligible population which are least likely
to apply for housing without special outreach efforts. Targeted populations may
include persons that are limited English proficient (LEP).
2. Outreach : Outline an outreach program which includes special measures
designed to attract those groups identified as least likely to apply and other
efforts designed to attract persons from the total population.
3. Indicators: State the indicators to be used to measure the success of the
marketing program. The effectiveness of the marketing program can be
determined by noting if the program effectively attracted buyers or renters who
are:
• from the majority and minority groups, regardless of gender, as
represented in the population of the housing market area;
• persons with disabilities and their families; and
• families with children, if applicable.
4. Staff Trainin g: Demonstrate the capacity to provide training and information on
fair housing laws and objectives to project or rental staff.
5. Good Faith Ef fort: Recipients are required to make a good faith effort to carry
out the provisions of their approved plan. Good faith efforts are recorded
activities and documented outreach to those individuals identified as least likely
to apply. Examples of such efforts include:
• Advertising in print and other media used by those identified as least
likely to apply, including newspapers, brochures, and other publications;
websites; radio; and television;
• Marketing housing to specific community groups or organizations
frequented by those least likely to apply, such as Weld County Social
Services, United Way of Weld County, and area non-profit agencies that
provide referral and/or other social and housing services;
• Developing brochures or handouts that describes the HOME -assisted
facility or facilities and how it will be accessible to persons with
disabilities;
• Ensuring that the project/rental management staff has read and
understood the Fair Housing Act, and the purpose and objectives of the
AFHM Plan; and
• Developing a referral network with the local fair housing agency:
Department of Housing and Urban Development Region Denver
Regional Office of FHEO
U.S. Department of Housing and Urban Development
1670 Broadway
Denver, Colorado 80202-4801
(303) 672-5437
1-800-877-7353
TTY (303) 672-5248 (specify who the local agency is - HUD?).
IMPLEMENTATION OF AFFIRMATIVE FAIR HOUSING MARKETING PLAN
No later than 90 days prior to the commencement of initial occupancy the sub -recipient,
recipient, or owner/developer shall:
1. Submit Notice of Intent
The applicant of an approved AFHM Plan shall submit notice of intent to begin
marketing to the CDBG, HOME, and/or NSP Program prior to the initiation of
marketing activities. The notification is required by the Affirmative Fair Housing
Marketing Plan Compliance Regulations (24 CFR Part 108.15). It may be
submitted either orally or in writing.
2. Conduct Pr e -Marketing Activities
Prior to initiating general marketing, contact the commercial media, fair housing
groups, civil rights organizations, employment centers and the community
contacts which have been identified in the Plan as resources for attracting persons
who are otherwise "least likely to apply" for the housing.
3. Conduct Fair Housing Training
During the 90 -day period prior to the commencement of taking rental
applications, initiating sales, homebuyer assistance, or rehabilitation activities,
provide training to project management or sales/rental staff in Federal, State and
local fair housing laws, AFHM objectives and the approved AFHM plan.
4. Establish System for Documenting Outreach
Establish a system for documenting AFHM activities and for maintaining records
of such activities. At minimum, the applicant must maintain documentation
pertaining to:
• The special outreach activities undertaken to attract groups least likely to
apply for the housing, as well as for the general public;
• A copy of training materials used to train project management/rental
staff on Fair Housing laws;
• Communications with community contacts listed in the AFHM Plan;
• Copies of public advertisements, brochures, leaflets; and
• Race, ethnicity, and disability of all applicants for the housing.
5. Main tain Documentation
The documentation of AFHM activities noted in Step 4 above, should be
maintained for monitoring by the CDBG, HOME, and/or NSP Programs. For
rental properties, this information must be collected and maintained during the
entire period of affordability.
6. Marketing Duration
For HOME -assisted units, affirmative marketing procedures must continue
throughout the period of affordability. For TBRA, homebuyer assistance,
homeowner rehabilitation, and single-family housing projects receiving HOME
funds, the plan remains in effect until HOME -funded activities are completed.
Exhibit A
LEGAL BASIS FOR AFFIRMATIVE FAIR HOUSING MARKETING
The Fair Housing Act prohibits discrimination in the sale, rental, financing, or other
services related to housing on the basis of race, color, religion, sex, disability, familial status
or national origin. Section 808(e)(5) of this law mandates that HUD administers its programs
in a manner to affirmatively further fair housing. Section 804(O of this law prohibits
discrimination because of the disability of individual buyers, renters and persons associated
with such buyers or renters; discrimination in the terms, conditions, privileges and services
connected with the sale or rental of dwelling units; refusal to allow the tenant to make
reasonable accommodations of existing dwellings to enable a disabled person to fully enjoy
the dwelling unit; refusal to make reasonable accommodations in rules, policies, practices or
services, when such accommodations may be necessary to afford such persons with equal
opportunity to use and enjoy the dwelling; and failure to make covered multi -family
dwellings first occupied after March 13, 1991 accessible to disabled persons. The law defines
"covered multi -family dwellings" as buildings consisting of four (4) or more units if such
building has one (1) or more elevators; and ground floor units in other buildings consisting of
four (4) or more units.
Executive Order 11063, as amended, provides that no person in the United States because of
race, color, religion (creed), sex or national origin, shall be denied equal opportunity in
housing or related facilities owned, operated or insured by the Federal Government or
provided with federal financial assistance; and that all Federal Executive Departments and
agencies shall take action to promote the abandonment of discriminatory practices for:
Residential property and related facilities endowed with federal financial
assistance, and
The lending practices connected with such property and facilities insofar as such
practices relate to loans insured or guaranteed by the Federal Government.
Section 504 of the Rehabilitation Act of 1973, as amended, provides that no otherwise
qualified individual with disabilities in the United States shall, solely by reason of disability,
be excluded from participation, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal assistance.
"AFHM Regulations" (24 CFR Part 200, Subpart M) sets forth requirements for AFHM
under HUD -subsidized and unsubsidized housing programs that received a conditional
commitment after February 15, 1972. These regulations require submission of a Plan and
outline the components of the AFHM Program (see Section 200.600 of the AFHM
Regulations).
City of Greeley Affirmative Fair Housing Marketing Policy. The City of Greeley has
adopted a requirement for affirmative marketing of housing of five (5) or more units
developed by utilizing CDBG, HOME, and OHCP Housing Development funds.
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