Fair Housing Policy & Guidance
The Fair Housing Act and Related Laws
Fair Housing Laws
Title VIII of the Civil Rights Act of 1968 (the Fair Housing Act), as amended, (www.justice.gov)
prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, and familial status.
Title VI of the Civil Rights Act of 1964 (www.justice.gov)
Title VI prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving federal financial assistance.
Section 504 of the Rehabilitation Act of 1973 (www.hud.gov)
Section 504 prohibits discrimination based on disability in any program or activity receiving federal financial assistance.
Section 109 of Title I of the Housing and Community Development Act of 1974 (hud.gov)
Section 109 prohibits discrimination on the basis of race, color, national origin, sex or religion in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.
Title II of the Americans with Disabilities Act of 1990 (www.ada.gov)
Title II prohibits discrimination based on disability in programs, services, and activities provided or made available by public entities. HUD enforces Title II when it relates to state and local public housing, housing assistance and housing referrals.
Architectural Barriers Act of 1968 (www.access-board.gov)
The Architectural Barriers Act requires that buildings and facilities designed, constructed, altered, or leased with certain federal funds after September 1969 must be accessible to and useable by handicapped persons.
Age Discrimination Act of 1975 (www.dol.gov)
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance.
Title IX of the Education Amendments Act of 1972 (www.justice.gov)
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial assistance.
The Violence Against Women Reauthorization Act of 2013 (PDF) (www.gpo.gov)
The Violence Against Women Reauthorization Act of 2013 prohibits discrimination on the basis that a person has been a victim of domestic violence, dating violence, sexual assault, and stalking.
Fair Housing Related Executive Orders (hud.gov)
Executive Order 11063
Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
Executive Order 11246
Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin.
Executive Order 12892
Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.
Executive Order 12898
Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.
Executive Order 13166
Executive Order 13166 eliminates, to the extent possible, limited English proficiency as a barrier to full and meaningful participation by beneficiaries in all federally-assisted and federally conducted programs and activities.
Executive Order 13217 (PDF)
Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.
The State's Analysis of Impediments (AI)
State and federal entitlement recipients are required by HUD to sign a certification to affirmatively further fair housing. As part of the state's Consolidated Plan, all state agencies that receive federal funds are required by HUD to undertake fair housing planning, which includes, as directed by HUD, completing an Analysis of Impediments ("AI") to fair housing choice, working to reduce impediments, and keeping records of efforts made.
The General Land Office ("GLO"), Department of Social and Health Services ("DSHS"), the Texas Department of Agriculture ("TDA"), and the Texas Department of Housing and Community Affairs ("TDHCA") as state recipients who disburse federal funds for the Community Development Block Grant ("CDBG"), CDBG Disaster, Housing Opportunities for Persons With AIDS ("HOPWA"), HOME, and Emergency Solutions Grant ("ESG") programs are responsible for carrying out the work of the AI.
The State of Texas AIs from 2003 forward are listed below (the most recent AI is listed first):
- Phase 1 AI - State of Texas Analysis of Impediments Phase 1 Action Steps (PDF)
Visit www.glo.texas.gov for guidance and forms specific to CDBG Disaster Recovery impacted communities, including the FHAST form
- 2003 AI (PDF)
See below for additional HUD Guidance on Affirmatively Furthering Fair Housing Choice (hud.gov):
- The Analysis of Impediments Memorandum (PDF)
- The CDBG Memorandum (PDF)
- The Fair Housing Planning Guide (PDF)
- HUD's Proposed Affirmatively Furthering Fair Housing Rule
Fair Housing Guidance by Federal Program
The Emergency Solutions Grant Program ("ESG")
Fair Housing guidance and ESG program guides, webinars, tools and templates are available on the ESG page of the OneCPD website (www.onecpd.info), the Interim ESG Rule (www.ecfr.gov), and the Interim COC Rule (www.ecfr.gov).
TDHCA receives and administers federal funds for the ESG program. Visit the TDHCA ESG Program page for more information.
The Community Development Block Grant ("CDBG") and CDBG Disaster Program
CDBG entitlement, state, and program sub recipients should review HUD's CDBG page (hud.gov) for a list of applicable regulations concerning CDBG and fair housing.
For training related to CDBG Disaster, visit HUD's CDBG Disaster Recovery Assistance page (hud.gov).
TDA and TDHCA receive and administer federal funds for the CDBG program. GLO receives and administers federal funds for the CDBG Disaster program. For TDA information, visit TDA (www.texasagriculture.gov); for more information about CDBG disaster programs, visit GLO (www.glo.texas.gov).
The HOME Investment Partnerships Program
Guidance on fair housing requirements and the HOME program is available in the HOME Final Rule at 24 CFR Part 92 (www.ecfr.gov). HUD has also published Fair Housing for HOME Participants (hud.gov), a series of series of five publications: Understanding the Basics, Promoting Fair and Accessible Housing Opportunities in Home Projects, Affirmatively Furthering Fair Housing, Administering Tenant-Based Rental Assistance, and Creating Economic Opportunity.
TDHCA, along with other Texas Participating Jurisdictions ("PJs"), receives and administers federal funds for the HOME Single Family and Multifamily programs. Visit TDHCA HOME Single Family and HOME Multifamily pages for more information.
The Housing Opportunities for Persons With AIDS Program ("HOPWA")
Recipients and subrecipients of Federal HOPWA funds must adopt procedures to ensure that all persons who qualify for HOPWA assistance, regardless of their race, color, religion, sex, age, national origin, familial status, or disability know of the availability of the HOPWA program, including facilities and services accessible to persons with disabilities, and maintain evidence of implementation of how they ensure these procedures. These and other non-discrimination and equal opportunity laws and regulations are referred to in HOPWA regulations at 24 CFR Part 574 (www.ecfr.gov) and others are incorporated by reference, such as 24 CFR Part 5 (www.ecfr.gov), applicable provisions of the ADA (www.ada.gov), and 28 CFR Parts 35 and 36 (www.ecfr.gov).
Additional guides, tools, and webinars are available on the OneCPD website (www.onecpd.info).
DSHS receives and administers federal funds for the HOPWA programs. Visit the DSHS HOPWA page (www.dshs.state.tx.us) for more information.