HUD Handbook 4350.3 § 2-5

A.        General

                 The Fair Housing Act prohibits discrimination in most housing and housing-
                 related transactions with respect to the following bases:

                 1.     Race;

                 2.     Color;

                 3.     Religion;

4.      Sex;

                5.      Disability;

                6.      Familial status; or

                7.      National origin.

                The Act applies to all housing units subject to this handbook.

        B.      Prohibited Actions

                Under the Fair Housing Act, owners or other housing providers must not take any
                of the actions listed below based on race, color, religion, sex, disability, familial
                status, or national origin:

                1.      Deny anyone the opportunity to apply to rent housing, or deny to any
                        qualified applicant the opportunity to lease housing suitable to his or her
                        needs;

                2.      Provide anyone housing that is different from that provided to others;

                3.      Subject anyone to segregation, even if by floor or wing;

                4.      Restrict anyone’s access to any benefit enjoyed by others in connection
                        with the housing program;

                5.      Treat anyone differently in determining eligibility or other requirements for
                        admission, in use of the housing amenities, facilities or programs, or in the
                        terms and conditions of a lease. See paragraph 2-5 C for a discussion of
                        the owner’s obligation to provide reasonable accommodations to persons
                        with disabilities;

                6.      Deny anyone access to the same level of services;

                        NOTE: An owner should be certain that all services at the project are
                        supplied in a nondiscriminatory fashion. For example, there cannot be a
                        preference for providing a service to persons of a specific religion, even if
                        the agency providing the service is a faith-based organization.

                7.      Deny anyone the opportunity to participate in a planning or advisory
                        group that is an integral part of the housing program;

                8.      Publish or cause to be published an advertisement or notice indicating the
                        availability of housing that prefers or excludes persons;

                9.      Discriminate in the provision of brokerage services or in residential real
                        estate transactions;

10.    Discriminate against someone because of that person’s relation to or
                        association with another individual; or

                 11.    Retaliate against, threaten, or act in any manner to intimidate someone
                        because he or she has exercised rights under the Fair Housing Act.

       C.        Additional Protections for Persons with Disabilities

                 Although the Fair Housing Act generally requires applicants to be given equal
                 treatment and prohibits discrimination against anyone with respect to the
                 prohibited bases, there are certain limited circumstances when the Act requires a
                 housing provider to treat persons with disabilities differently to enable them to
                 have equal access to, or enjoyment of, housing and other housing-related
                 programs. Specifically, the Fair Housing Act requires housing providers to
                 provide “reasonable accommodations” to persons with disabilities. This means
                 an owner may have to modify rules, policies, practices, procedures and/or
                 services to afford a person with a disability an equal opportunity to use and enjoy
                 the housing. In addition, the Fair Housing Act contains specific accessibility
                 requirements that apply to the design and construction of new multifamily
                 housing built for first occupancy after March 13, 1991. (For further discussion
                 see paragraph 2-45.)

       D.        Obligation to Affirmatively Further Fair Housing

                 1.     The Fair Housing Act also requires HUD to administer all programs and
                        activities relating to housing and urban development in a manner that
                        affirmatively further fair housing. See paragraph 2-9 for a discussion of
                        Civil Rights Related Program Requirements which implement this
                        obligation. In addition, Subpart M of 24 CFR, part 200, sets forth HUD’s
                        equal opportunity regulations for affirmative fair housing marketing under
                        FHA subsidized and unsubsidized housing programs. Each owner who
                        participates in HUD’s multifamily housing programs to which 24 CFR, part
                        200, applies must develop and provide a description of the Affirmative
                        Fair Housing Marketing Plan for the property to comply with the
                        requirements of Subpart M of 24 CFR, part 200. For example, under the
                        requirement of affirmatively furthering fair housing, an owner must
                        engage in affirmative marketing to groups least likely to apply for the
                        owner’s housing even if this group is different from the religious or ethnic
                        group generally served by the owner organization. HUD conducts
                        periodic compliance reviews in accordance with 24 CFR 108.40 to
                        determine if owners are meeting these requirements and implementing
                        their Affirmative Fair Housing Marketing Plans. The Affirmative Fair
                        Housing Marketing Plan (AFHMP) is described in paragraph 4-12 B and
                        the form is found in Appendix 1.

                        a.      HUD does not require subsidized multifamily projects built prior to
                                February 1972 to have an Affirmative Fair Housing Marketing
                                Plan, unless the property has been substantially rehabilitated

*subsequent to February 1972 or the plan is required by a housing
                                 assistance contract. However, these owners are required to*
                                 affirmatively market their units to those least likely to apply.

                        b.       In addition, item 8 on the form HUD-935.2A, Affirmative Fair
                                 Housing Marketing AFHM Plan – Multifamily Housing, requires the
                                 owner to update the plan as the property’s circumstances change.
                                 (See paragraph 4-12 F for more information.)

        E.      Fair Housing Poster

                Owners of HUD-subsidized multifamily housing must also display the Fair
                Housing poster required by the Fair Housing Act and HUD regulations at 24 CFR,
                part 110.