April 21, 2022

HUD: New Civil Rights Guidance Issued on Marketing and Application Requirements for Subsidized Multifamily Properties

Guidance designed to inform inclusive marketing and application practices of multifamily housing

The U.S. Department of Housing and Urban Development (HUD) Office of Fair Housing and Equal Opportunity (FHEO) today released new guidance to reinforce requirements that HUD-subsidized multifamily housing’s marketing and application processes be designed to be inclusive of persons of all races and national origins.

The two new guidance pieces, titled “Guidance on Compliance with Title VI of the Civil Rights Act in Marketing and Application Processing at Subsidized Multifamily Properties” and “Implementation Sheet for HUD’s Title VI Guidance” clarify how certain marketing, rental application processing, and waitlist management practices can perpetuate segregation or otherwise discriminate in violation of Title VI of the Civil Rights Act. The guidance is designed to assist property owners in understanding and implementing more inclusive practices less likely to produce discriminatory results.

“Housing receiving HUD subsidies must not be segregated on the basis of race, color, or national origin,” said Demetria McCain, HUD Principal Deputy Assistant Secretary for Fair Housing and Equal Opportunity. “As we conclude Fair Housing Month, we are pleased to further help our partners construct processes that are inclusive of all.”

“Today’s publication provides practical guidance to help property owners and managers to reach all members of their community,” said Ethan Handelman, HUD Deputy Assistant Secretary for Multifamily Housing Programs. “This is the latest step in the Department’s work to support our program participants in their efforts to make affordable housing available without barriers.”

This guidance applies to the more than 1.5 million HUD-subsidized multifamily units nationwide, including Project-Based Rental Assistance, Section 202, and Section 811 subsidized units. Read the new Title VI marketing guidance here and the Implementation Sheet here.

Title VI of the Civil Rights Act of 1964 prohibits intentional discrimination on the basis of race, color, and national origin in programs or activities receiving federal financial assistance, and practices that have an unjustified discriminatory effect.

The new guidance discusses marketing, rental application processing, and waitlist management practices that prevent eligible housing-seekers from accessing HUD-assisted housing opportunities. These practices may result in segregation or disparate outcomes based on race and national origin. The guidance informs housing providers about exclusionary practices to avoid and informs housing providers about inclusionary practices to employ to ensure meaningful opportunities for persons of all racial and national origin groups to learn about and participate in HUD-subsidized housing programs.

People who believe they have experienced discrimination may file a complaint by contacting HUD’s Office of Fair Housing and Equal Opportunity at (800) 669-9777 (voice) or (800) 877-8339 (Relay). Housing discrimination complaints may also be filed by going to hud.gov/fair housing.

This post was originally published here.