Section 570.601(b) sets the general requirements for Title VIII of the Civil Rights Act of 1968 and the grantee's certification that it will affirmatively further fair housing. In reviewing a recipient's actions in carrying out its housing and community development activities in a manner to affirmatively further fair housing in the private and public housing sectors, absent independent evidence to the contrary, the Department will consider that a recipient has taken such actions in accordance with its certification if the recipient meets the following review criteria:
(A) The recipient has conducted an analysis to determine the impediments to fair housing choice in its housing and community development program and activities. The term "FAIR HOUSING CHOICE" means the ability of persons, regardless of race, color, religion, sex, or national origin, of similar income levels to have available to them the same housing choices. This analysis shall include a review for impediments to fair housing choice in the following areas:
(1) The sale or rental of dwellings;
(2) The provision of housing brokerage services;
(3) The provision of financing assistance for dwellings;
(4) Public policies and actions affecting the approval of sites and other building requirements used in the approval process for the construction of publicly assisted housing;
(5) The administrative policies concerning community development and housing activities, such as urban homesteading, multi-family rehabilitation, and activities causing displacement, which affect opportunities of minority households to select housing inside or outside areas of minority concentration; and
(6) Where there is a determination of unlawful segregation or other housing discrimination by a court or a finding of noncompliance by HUD regarding assisted housing within a recipient's jurisdiction, an analysis of the actions which could be taken by the recipient to help remedy the discriminatory condition, including actions involving the expenditure of funds made available under this part.
(B) Based upon the conclusions of the analysis in division (A) above, the recipient has taken lawful steps, consistent with this part, relating to housing and community development to overcome the effects of conditions that limit fair housing choice within the recipient's jurisdiction. Such actions may include:
(1) Enactment and enforcement of an ordinance providing for fair housing consistent with the federal fair housing law;
(2) Support of the administration and enforcement of state fair housing laws providing for fair housing consistent with federal fair housing law;
(3) Participation in voluntary partnerships developed with public and private organizations to promote the achievement of the goal of fair housing choice (including implementation of a locally developed and HUD-approved New Horizons comprehensive fair housing plan);
(4) Contracting with private organizations, including private fair housing organizations, where such support will bring about actions consistent with Titles VI and VIII, to address the impediments identified in the analysis described in division (A) above;
(5) Activities which assist in remedying findings or determinations of unlawful segregation or other discrimination involving assisted housing within the recipient's jurisdiction; or
(6) Other actions consistent with law determined to be appropriate based upon the conclusions of the analysis.
(Ord. 292, passed 5-1-89)