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Fair Housing Policy & Guidance

If you or someone you understand requires support, please visit our Help for Texans Page.

The Fair Housing Act and Related Laws

Fair Housing Laws

Title VII of the Civil Liberty Act of 1968 (the Fair Housing Act), as modified, (www.justice.gov).
restricts discrimination in the sale, leasing, and financing of houses, and in other housing-related transactions, based upon race, color, national origin, religious beliefs, sex, and familial status.

Title VI of the Civil Rights Act of 1964 (www.justice.gov).
Title VI restricts discrimination on the basis of race, color, or national origin in programs and activities getting federal financial support.

Section 504 of the Rehabilitation Act of 1973 (www.congress.gov).
Section 504 prohibits discrimination based on disability in any program or activity getting federal financial help.

Section 109 of Title I of the Housing and Community Development Act of 1974 (govinfo.gov).
Section 109 forbids discrimination on the basis of race, color, national origin, sex or faith in programs and activities receiving financial assistance from HUD's Community Development and Block Grant Program.

Title II of the Americans with Disabilities Act of 1990 (www.ada.gov).
Title II forbids discrimination based upon special needs in programs, services, and activities provided or made offered by public entities. HUD implements Title II when it connects to state and local public housing, housing support and housing recommendations.

Architectural Barriers Act of 1968 (www.access-board.gov).
The Architectural Barriers Act requires that buildings and centers developed, constructed, modified, or rented with certain federal funds after September 1969 need to be accessible to and useable by handicapped persons.

Age Discrimination Act of 1975 (www.dol.gov).
The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities getting federal financial help.

Title IX of the Education Amendments Act of 1972 (www.congress.gov).
Title IX prohibits discrimination on the basis of sex in education programs or activities that receive federal financial support.

The Violence Against Women Reauthorization Act of 2022 (www.gpo.gov).
The Violence Against Women Reauthorization Act of 2013 restricts discrimination on the basis that an individual has actually been a victim of domestic violence, dating violence, sexual assault, and stalking.

Fair Housing Related Executive Orders

Executive Order 11063 (govinfo.gov).
Executive Order 11063 prohibits discrimination in the sale, leasing, leasing, or other personality of residential or commercial properties and facilities owned or operated by the federal government or supplied with federal funds.

Executive Order 12892 (PDF).
Executive Order 12892, as changed, needs federal companies to affirmatively more reasonable housing in their programs and activities, and offers that the Secretary of HUD will be accountable for coordinating the effort. The Order likewise establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.

Executive Order 13217 (PDF).
Executive Order 13217 requires federal agencies to examine their policies and programs to identify if any can be revised or customized to enhance the schedule of community-based living plans for individuals with impairments.

Fair Housing Guidance by Federal Program

The Emergency Solutions Grant Program (" ESG")

Fair Housing assistance and ESG program guides, webinars, tools and design templates are offered on the ESG page of the OneCPD website (www.onecpd.info), the Interim ESG Rule (www.ecfr.gov), and the Interim COC Rule (www.ecfr.gov).

TDHCA receives and administers federal funds for the ESG program. Visit the TDHCA ESG Program page for more info.

The Community Development Block Grant (" CDBG") and CDBG Disaster Program

CDBG privilege, state, and program sub receivers need to evaluate HUD's CDBG page (hud.gov) for a list of suitable guidelines concerning CDBG and reasonable housing.

For training associated to CDBG Disaster, visit HUD's CDBG Disaster Recovery Assistance page (hud.gov).

TDA and TDHCA receive and administer federal funds for the CDBG program. GLO receives and administers federal funds for the CDBG Disaster program. For TDA details, go to TDA (www.texasagriculture.gov); to learn more about CDBG disaster programs, go to GLO (www.glo.texas.gov).

The HOME Investment Partnerships Program

Guidance on fair housing requirements and the HOME program is available in the HOME Final Rule at 24 CFR Part 92 (www.ecfr.gov).

TDHCA, along with other Texas Participating Jurisdictions (" PJs"), gets and administers federal funds for the HOME Single Family and Multifamily programs. Visit TDHCA HOME Single Family and HOME Multifamily pages to learn more.

The Housing Opportunities for Persons With AIDS Program (" HOPWA")

Recipients and subrecipients of Federal HOPWA funds need to embrace procedures to ensure that all persons who receive HOPWA support, despite their race, color, religion, sex, age, national origin, familial status, or impairment know of the schedule of the HOPWA program, consisting of centers and services available to individuals with disabilities, and keep proof of implementation of how they make sure these treatments. These and other non-discrimination and equivalent chance laws and regulations are described in HOPWA regulations at 24 CFR Part 574 (www.ecfr.gov) and others are integrated by recommendation, such as 24 CFR Part 5 (www.ecfr.gov), suitable provisions of the ADA (www.ada.gov), and 28 CFR Parts 35 and 36 (www.ecfr.gov).

Additional guides, tools, and webinars are offered on the OneCPD site (www.onecpd.info).

DSHS gets and administers federal funds for the HOPWA programs. Visit the DSHS HOPWA page (www.dshs.texas.gov) to find out more.