NFHTA Fundamentals of Fair Housing - FHAP Investigation Resources

Overview

The Fundamentals of Fair Housing - FHAP Investigation course is designed to ensure that FHAP intake officers and investigators have a basic framework, which they can build upon to carry out their duties in a timely, efficient, professional, and proficient manner. These resources complement the curriculum delivered in the course.

Learn more about the Fundamentals of Fair Housing - FHAP Investigation course.

Subtopics

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This collection is a part of the NFHTA Resource Library.

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General Background

Fair Housing Laws and Regulations

Fair Housing Act 42 U.S.C. 3610 Administrative Enforcement; Preliminary Matters

Section 810 of the Fair Housing Act provides guidance on the administrative processing of complaints filed under the Act including time limits, the investigative report, the conciliation agreement, prompt judicial action, and reasonable cause determinations.

Date Published: August 2015

HUD’s Implementing Regulations – 24 C.F.R., Part 103 Complaint Processing

Part 103 details fair housing how someone who believes that they have discriminated against relative to housing because of race, color, religion, national origin, sex, disability, or familial status can report and file a claim. This resource provides additional guidance on complaint processing, referrals, investigative procedures, conciliation, issuances of charge, and prompts judicial action.

Date Published: April 2017

HUD’s Implementing Regulations – 24 C.F.R., Part 115:Certification and Funding of State and Local Agencies

Part 115 details the substantial equivalency certification including the certification procedures, performance assessments, and performance standards for Fair Housing Assistance Programs (FHAP) program participants.

Date Published: April 2017

HUD’s Implementing Regulations – 24 C.F.R., Part 125: Fair Housing Initiatives Program

Part 125 details the role of a Fair Housing Initiatives Program (FHIP) including program administration, application requirements, waivers, testers. It also describes the major FHIP funding initiatives, including the Administrative Enforcement Initiatives (AEI), Education Outreach Initiatives (EOI), Private Enforcement Initiatives (PEI), and Fair Housing Organization Initiative (FHOI).

Date Published: April 2017

Implementation of the Disparate Impact Standard, 84 Fed. Reg. 42854

This rule proposes to amend HUD's interpretation of the Fair Housing Act's disparate impact standard to better reflect the Supreme Court's 2015 ruling in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., and to provide clarification regarding the application of the standard to state laws governing the business of insurance.

Date Published: August 2019

Quid Pro Quo and Hostile Environment Harassment, 81 Fed. Reg. 63054

The final rule specifies how HUD will evaluate complaints of quid pro quo (“this for that”) harassment and hostile environment harassment under the Fair Housing Act. This rule defines “quid pro quo” and “hostile environment harassment,” and provides illustrations of discriminatory housing practices that constitute such harassment.

Date Published: September 2016

Technical Knowledge and Skills

Guidance/Handbooks

HUD Title VIII Handbook, Chapter 2, Theories of Discrimination

This chapter explores the theories of discrimination: disparate treatment cases, disparate impact cases, single motive cases, mixed-motive cases, cases with direct evidence, and indirect evidence. This resource presents the analytical structure and proof necessary to establish or rebut each type of case.

Date Published: November 1998

HUD Title VIII Handbook Chapter 7, Planning and Conducting the Investigation

This chapter focuses on planning and conducting thorough and timely investigations. The chapter explores the basic steps in an investigation; planning the investigation; conducting preliminary investigations; interviewing parties and witnesses; examining defenses; obtaining evidence through interviews, data and documents requests, and onsite inspections; and concluding the investigation in a timely manner.

Date Published: May 2005

HUD Title VIII Handbook Chapter 7, Planning and Conducting the Investigation

This chapter focuses on planning and conducting thorough and timely investigations. The chapter explores the basic steps in an investigation; planning the investigation; conducting preliminary investigations; interviewing parties and witnesses; examining defenses; obtaining evidence through interviews, data and documents requests, and onsite inspections; and concluding the investigation in a timely manner.

Date Published: May 2005

Elements of Proof

HUD Memorandum, Elements of Proof

This memorandum provides guidance in identifying the proper elements of proof/prima facie case elements when investigating Fair Housing Act complaints and writing determinations of both reasonable cause and no reasonable cause. It presents two possible frameworks: (1) McDonnell Douglas burden-shifting approach starting with a prima facie case analysis, or (2) a direct evidence analysis.

Date Published: September 2018

Protected Classes: Federal and Local

Disability

HUD/DOJ Joint Statement on Reasonable Accommodations

This joint statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers under the Act relating to reasonable accommodations. This statement addresses 19 key questions that arise in reasonable accommodations cases and provides examples and approaches to resolving these cases.

Date Published: May 2004

HUD/DOJ Joint Statement on Reasonable Modifications

This joint statement provides technical assistance regarding the rights and obligations of persons with disabilities and housing providers relating to reasonable modifications. This statement addresses 19 key questions that arise in reasonable modification cases and provides examples and approaches to resolving these cases.

Date Published: March 2008

First Amendment

HUD Notice FHEO-2015-01 Limitations on Filing Complaints that may Implicate the First Amendment

This notice guidance for handling complaints from to those, such as neighbors, who are not directly participating in a real estate transaction, but who have possibly been involved with coercing, intimidating, threatening, or interfering with any person in the “exercise off enjoyment” of rights protected under the Fair Housing Act.

Date Published: May 2015