Texas Department of Housing & Community Affairs - Building Homes and Strengthening Communities
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Contract Administrators

TDHCA relies on Contract Administrators to ensure compliance with the Fair Housing Act. Contract Administrators include city, county, and local governments, not-for-profit organizations, and for-profit entities. These groups access a variety of funding sources through TDHCA, including the HOME Investment Partnerships Program.

HOME Program Guidance

The U.S. Department of Housing and Urban Development (HUD.gov) put together several resources related to non-discrimination and equal access requirements that are useful for all Contract Administrators, particularly HOME Contract Administrators.

In addition to these resources, TDHCA recently completed the 2010 Phase 1 Analysis of Impediments to Fair Housing Choice in Texas. The Phase 1 AI covers a 62-county area of Texas, primarily along the gulf coast and in the Rio Grande valley, and can help communities understand some of the impediments to fair housing choice that may be found in their jurisdictions.

Zoning and Land Use

Contract Administrators that are governmental entities and have the ability to make zoning, land use decisions, and land use policies, should be mindful of how those decisions may impact fair housing choice, whether intentional or not. These types of decisions have the potential to impact protected persons, including individuals with disabilities, in a way that may be discriminatory.

Under the Fair Housing Act, it is not necessary to prove that governmental entities intended to discriminate against minorities in denying a specific housing project or otherwise making a land use decision. For example, fair housing issues may be raised in cases where ordinances, permitting, or land use policies restrict the abilities of persons or groups of persons with disabilities to have an equal opportunity to use and enjoy housing.

Governmental entities must also make reasonable accommodations in land use and zoning policies. What constitutes a reasonable accommodation is a case-by-case determination. Not all requests to alter rules or policies are reasonable, particularly if they impose an undue financial or administrative burden on a local government, or if it would create a fundamental alteration in a local government's land use and zoning scheme.