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109.04.6-V. Fair Housing.

AR ADC 109.04.6-VArkansas Administrative Code

West's Arkansas Administrative Code
Title 109. Development Finance Authority
Division 04. Multi-Family Housing
Rule 6. Compliance Monitoring Policies and Procedures Manual for the Home Program
Ark. Admin. Code 109.04.6-V
109.04.6-V. Fair Housing.
No person in the United States may, on the grounds of race, color, national origin, religion, sex, handicap, or familial status, be excluded, denied benefits or subjected to discrimination under any provisions funded in whole or in part by HOME funds. HOME recipients and activities must comply with all of the following Federal laws, executive orders, and regulations pertaining to fair housing and equal opportunity. The major laws are summarized below:
Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C.2000d et.seq.) states that no person may be excluded from participation in, denied the benefits of or subjected to discrimination under any program or activity receiving Federal financial assistance on the basis of race, color or national origin.
The Fair Housing Act (42 U.S.C. 3601-3620) prohibits discrimination in the sale or rental of housing, the financing of housing, or the provision of brokerage services against any person on the basis of race, color, religion, sex, national origin, handicap, or familial status. Furthermore, section 104(b)(2) of the Act requires that each grantee certify to the secretary of HUD that it is affirmatively furthering fair housing. The certification specifically requires grantees to conduct a fair housing analysis, develop a fair housing plan, take appropriate actions to overcome the effects of any impediments identified, and maintain records on the analysis, plan, and actions in this regard.
Equal Opportunity in Housing (Executive Order 11063, as amended by Executive Order 12259) prohibits discrimination against individuals on the basis of race, color, religion, sex or national origin in the sale, rental, leasing or other disposition of residential property or in the use or occupancy of housing assisted with Federal funds.
Age Discrimination Act of 1975, as amended (42 U.S.C. 6101) prohibits age discrimination in programs receiving Federal financial assistance.
Americans with Disabilities Act (42 U.S.C.12131; 47 U.S.C., 155, 201, 218 and 225) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. The Act, also referred to as the ADA, also states that discrimination includes the failure to design and construct facilities (built for first occupancy after January 26, 1993) that are accessible to and usable by persons with disabilities. The ADA also requires the removal of architectural and communication barriers that are structural in nature in existing facilities. Removal must be carried out when readily achievable, easily accomplishable, and able to be carried out without much difficulty or expense.
Section 504 of the Rehabilitation Act of 1973 prohibits discrimination in federally assisted programs on the basis of disability.
As part of the Fair Housing element of the review, ADFA staff will review the following:
1. Recipient's methods for informing the public or potential tenants about fair housing laws. ADFA will look for the posting of the Equal Housing Opportunity symbol on all advertising and exterior property signs;
2. Availability of Equal Housing Opportunity information, and visibility of the Equal Housing Opportunity symbol on correspondence, exterior property sign, and in office where tenant applications are taken;
3. Data on the extent to which each racial and ethnic group and single-headed households (by gender of household head) have applied for, participated in, or benefitted from, any program or activity funded in whole or in part with HOME funds;
4. Records demonstrating actions taken to meet the requirements of Section 3 of the Housing Development Act of 1968, as amended (12 U.S.C. 1701u). The purpose of Section 3 is to ensure that the employment and other economic opportunities generated by Federal financial assistance or housing and community development programs be directed toward low and very low income persons, particularly those who were recipients of government assistance for housing.
5. Affirmative Fair Housing Marketing Plan (HUD form 935.2).
6. Number of handicap-accessible parking spaces and their proximity to accessible units and ramps;
7. Design of handicap-accessible units (if units are chosen as part of the random selection by ADFA staff) and placement of units. Accessible units must be distributed throughout the sites;
8. Waiting lists and sign-in sheets.
In buildings that were ready for first occupancy after March 13, 1991, and have an elevator and four (4) or more units, ADFA staff will verify that:
1. There is at least one building entrance on an accessible route;
2. Public and common areas are accessible to persons with disabilities;
3. Doors and hallways are wide enough to accommodate wheelchairs;
4. Light switches, electrical outlets, thermostats, and other environmental controls are in accessible locations;
5. Reinforced walls are built in bathrooms for later installation of grab bars; and
6. Kitchens and bathrooms are usable by persons in wheelchairs.
This list is not meant to be all-inclusive. ADFA staff may also interview tenants.
Current with amendments received through December 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 109.04.6-V, AR ADC 109.04.6-V
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