HUD HCV Guidebook § 2

This section provides more information about the fair housing and civil rights requirements introduced above.
These requirements create rights for program applicants and participants and impose responsibilities on PHAs
beyond those provided by program specific requirements. In some cases, it is possible that policies and
practices that appear compliant with program regulations violate fair housing and civil rights laws and
regulations. These fair housing and civil rights obligations take precedence over program requirements

Fair Housing and Nondiscrimination Requirements                                                           3
US Department of Housing and Urban Development                                                    April 2025

unless there is a specific statutory provision that excludes the specific action from compliance with these
laws.

All PHA policies, including Administrative Plan policies, for HCV must comply with the fair housing and civil
rights requirements discussed throughout this chapter.1 Most, if not all, of the policies and procedures
included within the Administrative Plan implicate fair housing and civil rights requirements. Some examples
include application and screening policies and waitlist policies such as opening, organizing, administering and
removing families from the waitlist, merger or separation of lists for all of a PHA’s programs (i.e., Public
Housing, HCV, and other subsidized housing programs), and the amount of information the waitlist includes
about families to allow the PHA to appropriately prioritize, apply preferences, and issue vouchers. HUD
recommends that PHAs ensure that all components of their Administrative Plans comply with and reference
applicable fair housing and civil rights requirements. PHAs are strongly encouraged to regularly review and
update their policies and procedures to ensure compliance with fair housing and civil rights requirements.

Periodic updates to marketing, waiting list, and application policies and practices ensure that PHAs continue
to promote compliance with fair housing and civil rights requirements. Changes in technology, media, and
living patterns can impact whether a PHA’s practices in these areas still operate to ensure equal access to the
program. For example, the availability of new technology that makes advertising or application submission
easier could prompt a reevaluation of existing practices. Additionally, a shift in the racial living patterns in an
area might drive a shift in marketing efforts to ensure that potential applicants of all racial groups are
reached.

HUD strongly recommends that PHAs ensure that PHA staff, as well as applicants and participants, are aware
of how the PHA’s policies, practices, and procedures comport with its fair housing and civil rights obligations.