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HomeMy WebLinkAbout2008 CC RESO 2008-49 CDCRESOLUTION NO. 2008 — 49 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE AFFIRMATIVE FAIR HOUSING MARKETING POLICY, PROCEDURES AND REQUIREMENTS FOR RENTAL AND HOMEBUYER PROJECTS CONTAINING FIVE OR MORE HOME -ASSISTED UNITS WHEREAS, the federal Home Investment Partnerships (HOME) Program was created by the National Affordable Housing Act of 1990; and WHEREAS, the Fair Housing Act and other laws guarantee a right to a national housing market free from discrimination based on race, color, religion, sex, handicap, familial status, and national origin; and WHEREAS, the Community Development Commission of the City of National City receives federal HOME Investment Partnership Program funds; and WHEREAS, the HOME Program requires that each participating jurisdiction adopt affirmative marketing procedures and requirements for rental and homebuyer projects containing five or more HOME -assisted housing units. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves and adopts the Affirmative Fair Housing Marketing Policy, Procedures, and Requirements. Said document entitled Affirmative Fair Housing Marketing Policy, Procedures, and Requirements is on file in the Office of the City Clerk. PASSED and ADOPTED this 18th day of M. ch, 2' i8. on orrison, Chairm APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Passed and adopted by the Community Development Commission of the City of National City, California, on March 18, 2008, by the following vote, to -wit: Ayes: Commissioners Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Chairman, Community Development Commission Secretary, rnty Development Commission By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-49 of the Community Development Commission of the City of National City, California, passed and adopted on March 18, 2008. Secretary, Community Development Commission By: Deputy City of National City N Affirmative Fair Housing Marketing Policy Procedures and Requirements OPPORT UNITY 1243 National City Boulevard National City, CA 91950 Approved March 18, 2008 Pursuant to Community Development Commission Resolution No. 2008- CITY OF NATIONAL CITY AFFIRMATIVE FAIR HOUSING MARKETING (AFHM) POLICY In accordance with the regulations of the Home Investment Partnership (HOME) Program, and in furtherance of the National City's commitment to non-discrimination and equal opportunity in housing, the HOME Program has established procedures to affirmatively market all projects resulting in five (5) or more HOME -assisted housing units. National City's HOME Program believes that individuals of similar economic levels in the same housing market area should have available to them a like range of housing choices regardless of their race, color, religion, sex, familial status, disability or national origin. National City's HOME Program is committed to meeting the goals of affirmative marketing and will therefore require all sub recipients, developers, owners, and sponsors receiving HOME funds adopt policies and procedures that inform the public, potential tenants, homebuyers, homeowners, and rental property owners of its Affirmative Fair Housing Marketing Plan. Affirmative Marketing Procedures do not apply to programs that provide tenant -based rental assistance, owner -occupied rehabilitation, or down payment assistance only (Le., down payment assistance not tied to a specific HOME project). Minimum AFHM Plan Requirements A. At a minimum, the AFHM Plan of sub recipients, developers, owners, or sponsors must: 1. Commit to including the Equal Housing Opportunity logotype in press releases and solicitations for participation in the program; 2. Have a policy for referrals of housing questions and complaints to its fair housing provider, agency or organization that can provide advice on the state and federal fair housing laws; and 3. Requirements specific to rental projects: Conduct public outreach, identifying that the rental property received HOME assistance. This information must include the address of the units and the address and phone number of the owner. 4. Requirements specific to homebuyer projects: Conduct public outreach that specifically targets residents of public housing and manufactured housing in the housing market area. B. At a minimum, the AFHM Plan will require that applicants for projects involving 5 or more HOME -assisted units will comply with the following: 2 1. Prior to sales or rental activity, the sub recipients, developers, owners, or sponsors shall identify community contacts (individuals, organizations, or agencies) actively involved with serving low-income persons who would benefit from special outreach efforts. 2. If any rental units are publicly advertised during the period of affordability, the Equal Housing Opportunity logo must accompany the advertisement. 3. The sub recipients, developers, owners, and sponsors (or its agent, if applicable) must display the HUD fair housing poster in an area accessible to the public, such as the rental office or project office. An English (Exhibit A) and Spanish (Exhibit A-1) version are attached. 4. The sub recipients, developers, owners, and sponsors (or its agent, if applicable) will collect information on the race and ethnicity of program applicants to demonstrate the results of the owner's affirmative marketing efforts. 5. For rental projects, the owner (or its agent, if applicable) will, for the entire period of affordability, maintain information demonstrating compliance with items 1, 2 and 4 above, and will make such information available to the HOME Program staff during HOME onsite inspections, or upon request. 6. Reasonable accommodations shall be offered to all disabled persons who request accommodations due to disability at any time during the application, resident selection and rent up process. Overview of Affirmative Marketing An Affirmative Fair Housing Marketing (AFHM) Plan and affirmative marketing procedures are required for sub recipients, developers, owners, and sponsors of HOME funds for all activities involving five or more HOME -assisted units. Affirmative marketing procedures must continue throughout the period of affordability. For TBRA, homebuyer assistance, homeowner rehabilitation, and single-family housing development, the plan remains in effect until HOME -funded activities are completed. Affirmative marketing is not a separate marketing program. It can be an integral part of the overall project marketing effort. Affirmative marketing typically consists of a good faith effort to attract to a project those who are identified as "least likely to apply" or under -represented in a neighborhood or community. Through an affirmative marketing plan, a developer indicates what special efforts they will make to attract racial or ethnic groups who might not normally seek housing in their project. Affirmative marketing does not limit choices; choices are expanded to include those that might not otherwise be considered because of past discrimination. Increasingly, communities which make a long-term commitment to racial and ethnic diversity have found their efforts rewarded by increasing property values. Affirmative marketing adds little to the cost of a project. Most of the cost associated with affirmative marketing is already reflected in the project's broader marketing budget. 3 Either Exhibit B (multi -family) or Exhibit B-1 (single family) is the required AFHM Plan form. The AFHM Plan must be filled out completely and signed by an authorized official of the sponsoring organization. In formatting an Affirmative Marketing Program, the applicant must do the following: 1. Targeting: Identify the segments of the eligible population which are least likely to apply for housing without special outreach efforts. 2. Outreach: Outline an outreach program which includes special measures designed to attract those groups identified as least likely to apply and other efforts designed to attract persons from the total population. 3. Indicators: State the indicators to be used to measure the success of the marketing program. The effectiveness of the marketing program can be determined by noting if the program effectively attracted buyers or renters who are: • from the majority and minority groups, regardless of gender, as represented in the population of the housing market area; • persons with disabilities and their families; and • families with children, if applicable. 4. Staff Fair Housing Training: Sub recipients, developers, owners, or sponsors agree to provide Fair Housing Training with the Fair Housing Council of San Diego, or similar agency approved by the Commission, to the property owner and staff who are engaged in the sale, rental or leasing of housing. Fair housing training must be provided to staff every other year. 5. Good Faith Effort: Grantees are required to make a good faith effort to carry out the provisions of their approved plan. Good faith efforts are recorded activities and documented outreach to those individuals identified as least likely to apply. Examples of such efforts include: • Advertising in media that. is used by those identified as least likely to apply; • Marketing housing to specific community groups or organizations frequented by those least likely to apply; • Developing a brochure or handout that describes the HOME -assisted facility or facilities and how the project will be accessible to persons with disabilities; and • Ensuring that the project/rental management staff has read and understood the Fair Housing Act, and the purpose and objectives of the AFHM Plan. • Developing a referral network with the local fair housing agency. 4 Implementation of the Affirmative Marketing Plan No later than 90 days prior to the commencement of initial occupancy the grantee shall: 1. Submit Notice of Intent The applicant of an approved AFHM Plan shall submit notice of intent to begin marketing to the HOME Program prior to the initiation of marketing activities. The notification is required by the Affirmative Fair Housing Marketing Plan Compliance Regulations (24 CFR Part 108.15). It may be submitted either orally or in writing. 2. Conduct Pre -Marketing Activities Prior to initiating general marketing, contact the commercial media, fair housing groups, civil rights organizations, employment centers and the community contacts which have been identified in the Plan as resources for attracting persons who are "least likely to apply" for the housing. 3. Conduct Fair Housing Training During the 90-day period prior to the commencement of taking rental applications, initiating sales, homebuyer assistance, or rehabilitation activities, provide training to project management or sales/rental staff in Federal, State and local fair housing laws, AFHM objectives and the approved AFHM plan. 4. Establish System for Documenting Outreach Establish a system for documenting AFHM activities and for maintaining records of such activities. At minimum, the applicant must maintain documentation pertaining to: • The special outreach activities undertaken to attract groups least likely to apply and the general public to the housing; • A copy of training materials used to train project management/rental staff on Fair Housing laws; ■ Communications with community contacts listed in the AFHM Plan; • Copies of public advertisements, brochures, leaflets; and ■ Race and ethnicity of all applicants for the housing. 5. Maintain Documentation The documentation of AFHM activities noted in Step 4 above should be maintained in a file for monitoring by the HOME Program. For rental properties, this information must be collected and maintained during the entire period of affordability. 5 Exhibits Exhibit A, HUD Form-928.1, We Do Business in Accordance With the Federal Fair Housing Law Exhibit A-1, HUD Form — 928.1A, Conducimos nuestros negocios de acuerdo a la Ley Federal de Vivienda Justa U. S. Department of Housing and Urban Development EQUAL HOUSING OPPORTUNITY We Do Business in Accordance With the Federal Fair Housing Law (The Fair I Iousing Amendments Act of 1988) r It is illegal to Discriminate Against Any Person Because of Race, Color, Religion, Sex, Handicap, Familial Status, or National Origin III In the sale or rental of housing or residential lots ■ In advertising the sale or rental of housing III In the financing of housing • • • In the provision of real estate brokerage services In the appraisal of housing Blockbusting is also illegal Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Frcc) 1-800-927-9275 (T'fY) U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410 Previous editions are obsolete form HUD-928.1 (2/2003) U.S. Department of Housing and Urban Development IQUALDAD DE OPORTUNIDAD EN LA VIVIENDA e.s air Conducimos nuestros negocios de acuerdo a Ia Ley Federal de Vivienda Justa (Acta de enmiendas de 1988 de la Ley Federal de Vivienda Justa) • En Ia yenta o renta de vivienda y terrenos residenciales ■ En los anuncios de yenta o renta de vivienda • En Ia financiacion de vivienda ■ Amenazar o interferir con la persona para que no registre su queja ■ En los servicios de corretaje que prestan vendedores de vivienda • En Ia valoracion de vivienda ■ Tambien es ilegal forzarle a vendor o rentar su vivienda diciendole que gente de otra raza, religion o grupo etnico se estan mudando en su vecindario Cualquier persona que sienta que fue discriminada debe de envier su queja de discriminacidn: 1-800-669-9777 (Ilamada gratis) 1-800-927-9275 (TDD Ilamada gratis) U.S. Department of Housing and Urban Development Assistant Secretary for Fair Housing and Equal Opportunity Washington, D.C. 20410 Previous editions are obsolete burn HUD-928.1A(8-93) Exhibits Exhibit B, HUD Form-935.2A, Affirmative Fair Housing Marketing AFHM Plan — Multifamily Housing Exhibit B-1, HUD Form-935.2B, Affirmative Fair Housing Marketing AFHM Plan — Single Family Housing Affirmative Fair Housing Marketing AFHM Plan - Multifamily Housing U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity OMB Approval No. 2529-0013 (exp. 1/31/2010) la. Applicant's Name, Address (including City, State & Zip code) & Phone Numbe 1c. Project/Contract Number d. Number of Units 1e. Rental Range From $ To $ 1f. Type of Housing I Elderly n Family []Mixed (Elderty/Disabled) 1g. Approximate Starting Dates (mm/dd/yyyy) Advertising Occupancy 1b. Development's Name, Location (including City, State and Zip code) 1 h. Housing Market Area 1 i. Census Tract 1j. Managing Agents Name & Address (including City, State and Zip Code) 2. Type of Affirmative Marketing Area (check all that apply) a. Plan New Update Reason for Update: b. Area White (non -minority) Area Mixed Area (with Minority Area % minority residents) 3. Direction of Marketing Activity (Indicate which group(s) in the housing market area are least likely to apply for the housing because of its location and other factors without special outreach efforts) I I White I i American Indian or Alaskan Native I Asian 1 Black or African American I I Native Hawaiian or Other Pacific Islander I Hispanic or Latino { I Persons with Disabilities I Families with Children I, I Other Specify (e.g. specific ethnic group, religion) 4a. Marketing Program: Commercial Media (Check the type of media to be used 10 advertise the availability of this housing) n Newspapers/Publications n Radio Name o1 Newspaper, Radio or TV Station TV n Billboards n Other (specify) Group Identification of Readers/Audience Size/Duration of Advertising 4b. Marketing Program: Brochures, Signs, and HUD's Fair Housing Poster (1) Will brochures, letters, or handouts be used to advertise?' 1 Yes No If `Yes", attach a copy or submit when available. (2) For development site sign, indicate sign size • Logo type size x . Attach a photograph of sign or submit when available, (3) I lUD's Fair Housing Poster must be conspicuously displayed wherever sales/rentals and showings take place. Fair Housing Posters wit be displayed in the I 1 Rental Office 1 Real Estate Office n Model Unit I I Other (specify) Previous editions are obsolete Page 1 of 4 ref. Handbook 8025.1 form HUD-935.2A (8/2006) 4c. Marketing Program: Community Contacts. To further inform the group(s) least likely to apply about the availability of the housing, the applicant agrees to establish and maintain contact with the groups/organizations fisted below which are located in the housing market area. If more space is needed, attach an additional sheet. Notify HUD -Housing of any changes in this list. Attach a copy of correspondence to be mailed to these groups/organizations. (Provide all requested information.) Name of Group/Organization Group Identification Approximate Date (mm/dd/yyyy) 1 Person Contacted (or to be Contacted) Address & Phone Number Method of Contact Indicate the specific function the Group/Organization will undertake in Implementing the marketing program 5. Future markeing Activities Mark the box(es) that best describe marketing activities to fill vacancies as they occur after the project been initially occupied. has Contacts 6. Experience 6a. and Staff Instructions (See instructions) Staff has affirmative marketing experience. pi No I I Yes nNewspapers/Publications [ I Radio n Community On separate sheets, indicate training to be provided to staff on Federal, State and local fair housing laws and regulations, as well as this AFHM Plan. Attach a copy of the instructions to staff regarding fair housing. r6b. I Brochures/Leatiets/Handouts _J L 1 TV II Site Signs I Other (Specify) 7. Additional Considerations Attach additional sheets as needed. 8. Review and Update By signing this form, the applicant agrees to review their AFHM Plan at least every 5 years and update as needed to ensure continued compliance with HUD's Affirmative Fair Housing Marketing Regulations (24 CFR 200.620). Signature of person submitting this Plan & Date of Submission (mm/dd/yyyy) Name (type or print) Title & Name of Company For HUD -Office of Housing Use Only Reviewing Official: For HUD -Office of Fair Housing and Equal Opportunity Use Only Approved Disapproved (Check One) Signature & Date (mm/dd/yyyy) Signature & Date (mm/dd/yyyy) Name (type or print) Title Name (type or print) Title Previous editions are obsolete Page 2 of 4 ref. Handbook 8025.1 form HUD-935.2A (a/2006) Public reporting burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget (OMB) control number. The Affirmative Fair Housing Marketing (AFHM) Plan is used to ensure that insured and subsidized multifamily housing projects are taking necessary steps to eliminate discriminatory practices and to overcome the effects of past discrimination involving Federally insured and subsidized housing. No application for any housing project insured or subsidized under the Department of Housing and Urban Development's (HUD) housing programs can be funded without a HUD approved AFIIM Plan (See the "Applicability" section in the instructions below.) Multifamily housing projects must have an updated AFHM Plan in effect for the life of HUD's mortgage insurance. The responses are required to obtain or retain benefits under the Fair Housing Act, Section 808(e)(5) & (6) and 24 CFR Part 200, Subpart M. The form contains no questions of a confidential nature. Applicability: This form is to be completed by all insured or subsidized: multifamily housing projects. Each applicant is required to carry out an affirmative program to attract prospective tenants of all minority and non -minority groups in the housing market area regardless of their race, color, religion, sex, national origin, disability, familial status, or religious affiliation. Racial groups include White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander. Other groups in the housing market area who may be subject to housing discrimination include, but are not limited to, Hispanic or Latino, persons with disabilities, families with children, or persons with dif7'crent religious affiliations. The applicant shall describe in the AFHM Plan the proposed activities to be carried out during advance marketing, where applicable, and during all rent ups.. The affirmative marketing program also should ensure that any group(s) of persons ordinarily not likely to apply for this housing without special outreach (See Part 3), know about the housing, feel welcome to apply and have the opportunity to rent. INSTRUCTIONS Send completed form to: your local IIUD Office Attention: Director, Office of Housing Part 1-Applicant and Project Identification. Blocks la thru lf--Self Explanatory. Block lg-the applicant should specify the approximate date for starting the marketing activities and the anticipated date of initial occupancy (if unoccupied). Block 1 h- the applicant should indicate the housing market area, in which the housing will be (is) located. Block li - the applicant may obtain census tract location information from local planning agencies, public libraries and other sources of census data. Block lj the applicant should complete only if a Managing Agent (the agent can not be the applicant) is implementing the AFHM Plan. Part 2-Type of Affirmative Marketing Plan: Applicants for multifamily housing projects should indicate the status of the AFIIM Plan, e.g. new or Previous editions are obsolete update. Please provide the reason for the current update. (Section 7 may be used if additional space is needed. The AFIIM Plan should also indicate the racial composition of the housing market area in which the housing will be (is) located by checking one of the three choices. Part 3-Direction of Marketing Activity. Indicate which group(s) the applicant believes are least likely to apply for this housing without special outreach. Consider factors such as rent for housing, sponsorship of housing, racial/ethnic characteristics of housing market area in which housing will be (is) located, disability, familial status, or religious affiliation of eligible population, public transportation routes, etc. Part 4-Marketing Program. The applicant shall describe the marketing program to be used to attract all segments of the eligible population, especially those groups designated in Part 3 of this AFHM Plan as present in the housing marketing area and are least likely to apply. The applicant shall state: the type of media to be used, the names of Page 3 of 4 Ref. Handbook 8025.1 form HUD-935.2A (8/2006) newspaper/call letters of radio or TV stations; the identity of the circulation or audience of the media identified in the AFHM Plan (e.g., White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander, Hispanic or Latino, persons with disabilities, families with children, and religious affiliation) and the size or duration of newspaper advertising or length and frequency of broadcast advertising. Community contacts include individuals or organizations that are well known in the housing market area or the locality, that can influence persons within groups considered least likely to apply. Such contacts may include, but need not be limited to: neighborhood, minority and women's organizations, grass roots faith -based or other community based organizations, labor unions, employers, public and private agencies, disability advocates, schools and individuals who are connected with these organizations and/or are well- known in the community. Applicants should notify their local HUD —Office of Housing of any changes to the list in Part 4c of this AFHM Plan. Part 5-Future Marketing Activities. Self- Explanatory. Part 6-Experience and Staff Instructions. 6a. The applicant should indicate whether he/she has had previous experience in marketing housing to group(s) identified as least likely to apply for the housing. 6b. Describe the instructions and training provided or to be provided to rental staff. This guidance to staff must include information regarding Federal, State and local fair housing laws and this AFHM Plan. Copies of any written materials should be submitted with the AFHM Plan, if such materials are available. Part 7-Additional Considerations. In this section describe other efforts not previously mentioned which arc planned to attract persons least likely to apply for the housing Part 8-Review and Update. By signing, the applicant assumes full responsibility for implementing the AFIIM Plan, and for reviewing and updating the Plan at least every 5 years. HUD may monitor the implementation of this AFHM Plan at any time and request modification in its format or content, where deemed necessary. Notice of Intent to Begin Marketing. No later than 90 days prior to the initiation of rental marketing activities, the applicant with an approved AFHM Plan shall submit notice of intent to begin marketing. The notification is required by the Affirmative Fair Housing Marketing Plan Compliance Regulations (24 CFR Part 108.15). It is submitted either orally or in writing to the Office of Housing in the appropriate HUD Office servicing the locality in which the proposed housing will be located. OMB approval of the Affirmative Fair Housing Plan includes approval of this notification procedure as part of the AFHM Plan. The burden hours for such notification are included in the total designated for this AFHM Plan form. Previous editions are obsolete Page 4 of 4 Ref. Handbook 8025.1 form HUD-935.2A (8/2006) Affirmative Fair Housing Marketing (AFHM) Plan - Single Family Housing U.S. Department of Housing and Urban Development Office of Fair Housing and Equal Opportunity OMB Approval No. 2529-0013 (exp. 1 /31 /2010) la. Applicant's Name, Address (including City, State & Zip code) & Phone Number 1c. Development Number 1e. Price Range To $ From $ ld. Number of Units lf. Type of Housing IDevelopment L .I Scattered Site lg. Approximate Starting Dates (mm/dd/yyyy) Advertising Occupancy lb. Development's Name, Location (including City, State and Zip code) 1h. Housing Market Area 1i. Census Tract 1j. Sales Agent's Name & Address (including City, State and Zip Code) 2. Type of Affirmative Marketing Area (check all that 3. Direction of Marketing Activity (Indicate which group(s) in the housing market area are least apply) likely to apply for the housing because of its location and other factors without special outreach efforts) White (non -minority) Area Minority Area Mixed Area (with residents) % minority White l I American Indian or Alaskan Native 1 1 Asian 1 Black or African American [ I Native Hawaiian or Other Pacific Islander I _. I Hispanic or Latino L I Persons with Disabilities L� Families with Children I-1 Other Specify (e.g. specific ethnic group, religion, etc.) 4a. Marketing Program: Commercial Media (Check the type of media to be used to advertise the availability of this housing) n Newspapers/Publications 7 Radio L ] TV [] Billboards lJ Other (specify) Name of Newspaper, Radio or TV Station Group Identification of Readers/Audience Size/Duration of Advertising 4b. Marketing Program: Brochures, Signs, and HUD's Fair Housing Poster (1) Will brochures, letters, or handouts be used to advertise?L I Yes I No If "Yes', attach a copy or submit when available. (2) For development site sign, indicate sign size x ; Logo type size x . Attach a photograph of sign or submit when available. (3) HUD's Fair Housing Poster must be conspicuously displayed wherever sales/rentals and showings take place. Fair Housing Posters will be displayed in the ' Sales Office 11 Real Estate Office I I Model Unit I 1 Other (specify) Previous editions are obsolete Page 1 of 5 ref. Handbook 8025.1 form HUD-935.2E (8/2006) 4c. Marketing Program: Community Contacts. To further inform the group(s) least likely to apply about the availability of the housing, the applicant agrees to establish and maintain contact with the groups/organizations listed below which are located in the housing market area. If more space is needed, attach an additional sheet. Notify HUD -Housing of any changes in this list. Attach a copy of correspondence to be mailed to these groups/organizations. (Provide all requested information.) Name of Group/Organization Group Identification Approximate Date (mm/dd/yyyy) Person Contacted (or to be Contacted) of Contact Address & Phone Number Method Indicate the specific function the Group/Organization will undertake in implementing the marketing program 5. Reserved 6. Experience 6a. and Staff instructions (See instructions) Staff has affirmative marketing ex erience. _INo I I Yes 6b. On separate sheets, indicate training to be provided to staff on Federal, State and local fair housing laws and regulations, as well as this AFHM Plan. Attach a copy of the instructions to staff regarding fair housing. 7. Additional Considerations Attach additional sheets as needed. 8. Compliance with AFHM Plan Regulations: By signing this form, the applicant agrees to ensure compliance with HUD's Affirmative Fair Housing Marketing Regulations (24 CFR 200.620). Signature of person submitting this Plan & Date of Submission (mm/dd/yyyy) Name (type or print) Title & Name of Company Approved For HUD -Office of Housing Use Only Disapproved (Check One) Signature & Date (mm/dd/yyyy) For HUD -Office of Fair Housing and Equal Opportunity Use Only Signature & Date (mm/dd/yyyy) Name (type or print) Name (type or print) Title Title Previous editions are obsolete Page 2 of 5 ref. Handbook 8025.1 form HUD-935.2E (8/2006) Public reporting burden for this collection of information is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid Office of Management and Budget (OMB) control number. The Affirmative Fair Ilousing Marketing (AFHM) Plan is used to ensure that Federal Housing Administration (FHA) - insured single family housing developers are taking necessary steps to eliminate discriminatory practices and to overcome the effects of past discrimination involving Federally insured housing. No application for any housing development insured under the Department of Ilousing and Urban Development's (HUD) housing programs, can be funded without a HUD -approved AFIIM Plan (See the "Applicability" section in the instructions below.) Single family housing developers complete the AFHM Plan only during the application process and the AFHM Plan is in effect until after initial occupancy. The responses are required to obtain or retain benefits under the Fair Housing Act, Section 808(e)(5) & (6) and 24 CFR Part 200, Subpart M. The form contains no questions of a confidential nature. Applicability: Single family developers should answer the following two questions to determine if they need to complete an AFIIM Plan or if they should complete block II on form IUD-92541, Builder's Certification of Plans, Specifications, & Site. [See IIUD Mortgagee Letter 1995-18 dated April 28, 1995 and 2001-09 dated April 2, 2001 j Question 1. (Check if applicable) a. Did you sell five (5) or more houses in the last twelve (12) months with HUD mortgage insurance'? b. Do you intend to sell five (5) or more houses within the next twelve (12) months with HUD mortgage insurance? If you did not check la or lb, you do not have to complete an AFHM Plan. You should complete block 11 on the HUD-92541. If you checked la and/or 1 b, you must go to Question 2. Question 2. (Check if applicable) _a. I am a signatory in good standing to a Voluntary Affirmative Marketing Agreement (VAMA). b. I have an AFHM Plan that HUD approved. c. I have contracted with a company that has an AFHM Plan or who is a signatory to a VAMA to market my houses. d. 1 certify that I will comply with the following: (a) Carry out of affirmative program to attract all minority and majority groups to the housing for initial sale. Such a program shall typically involve publicizing to minority persons the availability of housing opportunities regardless of race, color, religion, sex, disability, familial status or national origin, through the type of media customarily utilized by the applicants; (b) Maintain a nondiscriminatory hiring policy in recruiting from both minority and majority groups; (c) Instruct all employees and agents in writing and orally in the policy of nondiscrimination and fair housing; (d) Conspicuously display the Fair Housing Poster in all Sales Offices, include the Equal Housing Opportunity logo, slogan and statement in all printed material used in connection with sales, and post in a prorninent position at the project site a sign that displays the Equal Opportunity logo, slogan or statement, as listed in 24 CFR 200.620 and appendix to subpart M to part 200. 1 understand that 1 am obliged to develop and maintain records on these activities, and make them available to IIUD upon request. If you checked "a, b, c, or d" in Question 2, you do not have to complete an AFHM Plan. You should complete block 11 on the HUD-92541. Previous editions arc obsolete Page 3 of 5 Ref. Handbook 8025.1 form HUD-935.2B (8/2006) If you did not check "a, b, c or d" in Question 2, 2 must complete an AFI-IM Plan. Each applicant is required to carry out an affirmative program to attract prospective buyers of all minority and non -minority groups in the housing market area regardless of their race, color, religion, sex, national origin, disability, familial status, or religious affiliation. Racial groups include White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander. Other groups in the housing market area who may be subject to housing discrimination include, but are not limited to, Hispanic or Latino, persons with disabilities, families with children, or persons of different religious affiliations. The applicant shall describe in the AFHM Plan the proposed activities to be carried out during advance marketing, where applicable, and the initial sales period. The affirmative marketing program also should ensure that any group(s) of persons ordinarily not likely to apply for this housing without special outreach (See Part 3), know about the housing, feel welcome to apply and have the opportunity to buy. INSTRUCTIONS Send completed form to: your local IIUD Office Attention: Director, Office of Housing Part 1-Applicant and Project Identification. Blocks la thru le -Self -Explanatory. Block lf--the applicant should specify the approximate date for starting the marketing activities and the anticipated date of initial occupancy. Block lg-the applicant should indicate the housing market area, in which the housing will he located. Block lh - the applicant may obtain census tract location information from local planning agencies, public libraries and other sources of census data. Block li the applicant should complete only if a Sales Agent (the agent can not be the applicant) is implementing the AFIIM Plan. Part 2-Type of Affirmative Marketing Area: . The AFHM Plan should indicate the racial composition of the housing market area in which the housing will be located by checking one of the three choices. Single family scattered site builder should submit an AFHM Plan that reflects the racial composition of each the housing market area in which the housing will be located. For example, if a builder plans to construct units in both minority and non -minority housing market areas, a separate AFHM Plan shall he submitted for each housing market area. Part 3-Direction of Marketing Activity. Indicate which group(s) the applicant believes are least likely to apply for this housing without special outreach. Consider factors such as price or rental of housing, sponsorship of housing, racial/ethnic characteristics of housing market arca in which housing will be located, disability, familial status, or religious affiliation of eligible population, public transportation routes, etc. Part 4-Marketing Program. The applicant shall describe the marketing program to be used to attract all segments of the eligible population, especially those groups designated in Part 3 of this AFHM Plan as present in the housing marketing area and are least likely to apply. The applicant shall state: the type of media to be used, the names of newspaper/call letters of radio or TV stations; the identity of the circulation or audience of the media identified in the AFHM Plan (e.g., White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander, Hispanic or Latino, persons with disabilities, families with children, and religious affiliation) and the size or duration of newspaper advertising or length and frequency of broadcast advertising. Community contacts include individuals or organizations that are well known in the housing market area or the locality, that can influence persons within groups considered least likely to apply. Such contacts may include, but need not be limited to: neighborhood, minority and women's organizations, grass roots faith -based or other community based organizations, labor unions, employers, public and private agencies, disability advocates, schools and individuals who are connected with these organizations and/or are well- known in the community. Applicants should notify their local HUD -Office of Housing of any changes to the list in Part 4c of this AFHM Plan. Previous editions arc obsolete Page 4 of 5 Ref. Handbook g025.1 form r1UD-935.2B (5/2006) Part 5-Reserved Part 6-Experience and Staff Instructions. 6a. The applicant should indicate whether he/she has had previous experience in marketing housing to group(s) identified as least likely to apply for the housing. 6b. Describe the instructions and training provided or to be provided to sales staff. This guidance to staff must include information regarding Federal, State and local fair housing laws and this AFHM Plan. Copies of any written materials should be submitted with the AFHM Plan, if such materials are available. Part 7-Additional Considerations. In this section describe other efforts not previously mentioned which are planned to attract persons least likely to apply for the housing. Part 8-Compliance with AFHM Plan Regulation. By signing, the applicant assumes full responsibility for implementing the AFHM Plan. HUD may monitor the implementation of this AFHM Plan at any time and request modification in its format or content, where deemed necessary. Notice of Intent to Begin Marketing. No later than 90 days prior to the initiation of sales marketing activities, the applicant with an approved AFIIM Plan shall submit notice of intent to begin marketing. The notification is required by the Affirmative Fair Housing Marketing Plan Compliance Regulations (24 CFR Part 108.15). It is submitted either orally or in writing to the Office of Housing in the appropriate HUD Office servicing the locality in which the proposed housing will be located. OMB approval of the Affirmative Fair Housing Plan includes approval of this notification procedure as part of the AFHM Plan. The burden hours for such notification arc included in the total designated for this AFHM Plan form. Previous editions arc obsolete Page 5 of 5 Ref. Handbook 8025.1 form HUD-935.2B (8/2006)