Are you a victim of Housing Discrimination?

Fair Housing is Your Right!

If you have been denied your housing rights… you may have experienced unlawful discrimination.

It is Unlawful to Discriminate in Housing based on these factors…

·         Race

·         Color

·         National origin

·         Religion

·         Sex

·         Familial status (families with children under the age of 18, or who are expecting a child)

·         Handicap ( if you or someone close to you has a disability

Are You A Victim Of Housing Discrimination?

Under Fair Housing laws, every citizen is assured the opportunity to build a better life in the home

Or apartment of their choice –regardless of their race , color, religion, sex, national origin, family status or disability.

How Do You recognize Housing Discrimination?

Under the fair Housing Act, it is Against the Law to:

·         Refuse to rent to you or sell you housing

·         Tell you housing is unavailable when in fact it is available

·         Show you apartments or homes in certain neighborhoods

·         Set different terms, conditions, or privileges for sale or rental of a swelling

·         Provide different housing services or facilities

·         Advertise housing to preferred groups of people only

·         Refuse to provide you with information regarding

Mortgage loans, deny you a mortgage loan, or impose different

Terms or conditions on a mortgage loan

·         Deny you property insurance

·         Conduct property appraisals in a discriminatory manner

·         Refuse to make reasonable accommodations for persons with a disability if the accommodations may be necessary to

 afford such a person a reasonable and equal opportunity to use and enjoy a dwelling

·         Fail to design and construct housing in an accessible manner

·         Harass , coerce, intimidate, or interfere with anyone exercising or assisting someone else with his/her fair housing rights

If You Believe Your Rights Have been violated…

Contact HUD or a State or local fair housing agency to file a complaint

HUD handles complaints in several categories:

Housing discrimination:

Federal law prohibits housing discrimination based on your race, color, religion, sex, national origin, family status or disability.

If you have been trying to buy or rent a home or apartment and you believe your rights have been violated, you can file a fair housing complaint.

Bad landlords in federal housing:

Hundreds of landlords have been fined and/or debarred from doing business with the federal government as a result of failing to provide safe and

Decent housing for the poor, while enforcing themselves on taxpayer-funded subsidies.

Manufactured housing:

If you have a problem with your manufactured home, report it to HUD

Land Sales:

The Interstate Land Sales Full Disclosure Act protects consumers from fraud and abuse when buying or leasing

Land from developers. If you believe your rights have been violated, you can file a complaint by writing to HUD.

Deceptive contractors:

HUD insures loans to help people renovate and repair their homes through a program called title 1 . If you have problems with a contractor

who is performing work for you under this program, report it to HUD.

Fraud, waste, and abuse:

If you are aware of fraud, wastes, and abuse in HUD programs and operations, report it to HUD’s Inspector General Hot line!

Fact Sheet for HUD Assisted Residents

 “HOW IS YOUR RENT DETERMINED”

Project – Based Section 8

Why Determining Income and Rent correctly is important

Many resident families pay incorrect rent;

The main causes of this problem are:

·         Under reporting of income by resident families

·         Owner/Management Agents not granting exclusions and deductions to which resident families are entitled.

Owner/Management Agents and residents have responsibility in ensuring that the correct rent is paid.

Income Determinations

A family’s anticipated gross income determines not only eligibility for assistance, but also determines the rent a family

Will pay and the subsidy required, the anticipated income, subject to exclusions and deductions the family receive during the next twelve (12)

Months, is used to determine the family’s rent.

What is Annual income?

Gross income-Income Exclusions= Annual Income

What is Adjusted Income?

Annual income –Deductions = Adjusted Income

Determining Tenant rent-- Project Based Section 8 rent Formula

The rent a family will pay is the highest of the following amounts:

·         30% of the family’s monthly adjusted income

·         10% of the family’s monthly income

·         Welfare rent or welfare payment form agency to assist family in paying housing costs.

OR

·         $25.00 Minimum rent

HUD assisted residents are required to report all income from all sources to the Owner or Agent.

Exclusions to income and deductions are part of the tenant rent process.

Reference Materials

Legislation:

·         Quality Housing and Work Responsibility Act of

1998, Public Law 105-276, 112 Stat. 2518 which amended the United States Housing Act of 1937,

42 USC 2437, et. seq.

Regulations:

·         General HUD program Requirements , 24 CFR part 5

Handbook:

·         4350.3 Occupancy Requirements of Subsidized Multifamily Housing Programs

For More Information:

Find out more about HUD’s programs on HUD’s Internet homepage at http://www.hud.gov

Resident Rights & Responsibilities

Dear Neighbor:

My name is Martha Hood and I live in a neighborhood near you, where the stench of poverty and homicide is overwhelming.As part of my dedication to maintaining the best possible living environments for all residents, living in toxic public Housing,Multifamily housing projects, and subsidized housing; I encourage you to play an important role in decisions that affect the neighborhood you reside in

Please help me to eradicate contagious housing in a neighborhood near you.

This information is being distributed to you because the United States Department of Housing and Urban Development, Which has ultimate Jurisdiction over the project in which you live has provided some form of assistance or subsidy for your apartment building or home. You play an important role In making your place of residence ---the unit (apartment), the grounds, and other common areas--- a better place to live in creating a community you can be proud of.

As a resident of a HUD – assisted multifamily housing project, you should be aware of your rights.

You, as a resident (tenant), have rights and responsibilities that help make your HUD –assisted housing a better home for you and your family.

Involving Your Apartment

·         The right to live in a decent, safe, and sanitary housing that is free from environmental hazards such as lead – based paint hazards.

·         The right to have repairs performed in a timely manner, upon request, and to have a quality maintenance program run by management.

·         The right to be given reasonable notice, in writing, of any nonemergency inspection or other entry into your apartment.

Involving Resident Organizations

·         The right to organize as residents without obstruction, harassment, or retaliation from property owners or management.

·         The right to post materials in common areas and provide leaflets informing other residents of their rights and of opportunities

to involve themselves in their project.

·         The right, which may be subject to a reasonable, HUD – approved fee, to use appropriate common space or meeting facilities to

 organize or to consider any issue affecting the condition or management of the property.

·         The right to meet without the owner/manager present.

·         The right to be recognized by property owners and managers as having a voice in residential community affairs.

Involving Nondiscrimination

The right to equal and fair treatment and use of your building’s services and facilities without regard to race, color, religion , gender , disability ,

 familial status (children under 18), national origin (ethnicity or language), or in some circumstances, age.

As a resident of a HUD- assisted multifamily housing project, you also have certain responsibilities to ensure that your building remains a suitable home

for you and your neighbors. By signing your lease, you and the owner/ Management Company have entered into a legal, enforceable contract. You and the owner/management

company have entered into a legal, enforceable contract. You and the owner/management company are responsible for complying with your lease, house rules,

and local laws governing your property. If you have any questions about your lease or do not have a copy of it, contact your management agent or local HUD field office.

To your Property Owner or Management Agent

·         Complying with the rules and guidelines that govern your lease.

·         Paying the correct amount of rent on a timely basis each month.

·         Providing accurate information to the owner at the certification or re-certification interview to determine your total tenant payment,

And consenting to the release of information by a third party to allow for verification.

·         Reporting changes in the family’s income.

To the project and to your fellow residents

·         Conducting yourself in manner that will not disturb your neighbors.

·         Not engaging in criminal activity in the unit, common area, or grounds.

·         Keeping your unit clean and not littering the grounds or common areas.

·         Disposing of garbage and waste in a proper manner.

·         Complying with local codes that affect the health or safety of the residence.

·         Maintaining your apartment and common areas in the same general physical condition as when you moved in.

·         Reporting any apparent environmental hazards to the management , such as peeling paint--- which is a hazard if it is a lead – based paint—and any

defects in building systems, fixtures, appliances, or other parts of the unit, the grounds, or related facilities.

Is important

Residents in HUD – assisted multifamily housing can play an important role in decisions that affect their project. Different HUD programs provide for specific

Resident rights. You have the right to know which under which HUD program your building is assisted. To find out if your apartment building is covered under

Any of the following categories, contact your management agent. If your building is funded by HUD you have the right to participate or be notified of, and comment on the following.

·         An increase in the maximum permissible rent.

·         Conversion of a project from project-paid utilities to tenant –paid utilities or a reduction in tenant utility allowance.

·         Conversion of residential units in a multifamily housing project to a nonresidential use or to condominiums, or the transfer of the project

to a cooperative housing mortgagor corporation or association.

·         Partial release of mortgage security,

·         Capital improvements that represent a substantial addition to the project.

·         Nonrenewal of a project –based Section 8 contract.

·         Any other action which could ultimately lead to involuntarily temporary or permanent relocation of residents.

Prepayment of mortgage.

Is important

If you live in a building that is owned by HUD and is being sold, you have the right to be notified of, and comment on, HUD’s plans for disposing of the building.

If your unit has a project –based Section 8 contract that is expiring or being terminated and will not be renewed, the assisted family may elect to remain in the

 same project in which the family was residing on the dated of the eligibility event for the project. The family residing in an assisted unit may be eligible for an

enhanced voucher. Owners must provide a 1 – year notification of their intent to opt out of Section 8 contract. Residents may use the Section 8 voucher in any

building with rents in the allowable range. Eligible tenants can receive enhanced vouchers only if they remain in the same project in which they resided on the date

 the Section 8 contact was terminated. If an eligible tenant moves, they are eligible for a Section 8 voucher that is not enhanced. You also have the right to relocation

 counseling, where you can learn about housing options available to you.

 If you need help or more information, you may contact:

Your local HUD field office- http://www.hud.gov/local/index.cfm

HUD’s Office of Inspector General Hot line at 1-800-347-3735 to report fraud, waste, or mismanagement.

“Residents of HUD –assisted housing are our partners and partners in their communities, HUD regulations give residents the right to press for improved conditions

By organizing independent resident associations, these associations encourage residents to become involved in the decisions that affect their homes without harassment

Or retaliation by property owners or management.” ----Secretary of HUD 

Martha Hood Fair Housing Coach

 

APPLYING FOR HUD HOUSING ASSISTANCE?

Think About This…Is Fraud Worth it?

Do You Realize…         

If you commit fraud to obtain assisted housing from HUD, you could be:

·         Evicted from your apartment or house.

·         Required to repay all overpaid rental assistance you received.

·         Fined up to $10,000

·         Imprisoned for up to five years.

·         Prohibited from receiving future assistance.

·         Subject to State and local government penalties.

Do You Know…                             

You are committing fraud if you sign a form knowing that you provided false or misleading information.

The information you provide on housing assistance application and re-certification forms will be checked. The local housing agency, HUD, or the office of Inspector General

Will check the income and assets information you provide with other Federal, State or local governments and with private agencies. Certifying false information is fraud.

So Be Careful!

When you fill out your application and yearly recertification for assisted housing from HUD make sure answers to the questions are accurate and honest. You must include:

·         All sources of income and changes in income you or any members of your household receive,

Such as wages, welfare payments, social security and veteran’s benefits, pensions, retirement, etc.

·         Any money you receive on behalf of your children , such as child support , AFDC payments,

Social security for children, etc.

·         Any increase in income, such as wages from a new job or an expected pay raise or bonus.

·         All assets, such as back accounts , saving bonds, certificates of deposit, stocks real estate , etc., that are owned by you or any member of your household.

·         All income from assets, such as interest from savings and checking accounts, stock dividends, etc.

·         Any business or asset (your home) that you sold in the last two years at less than full value.

·         The names of everyone, adults or children, relatives and non-relatives, who are living with you and make up your household.

Important Notice for Hurricane Katrina and Hurricane Rita evacuees: HUD reporting requirements may be temporarily waived or suspended because

 of your circumstances. Contact the local housing agency before you complete the housing assistance application.

Ask Questions

If you don’t understand something on the application or recertification forms, always ask questions. It’s better to be safe than sorry.

Watch Out for Housing Assistance Scams!

·         Don’t pay money to have someone fill out housing assistance application and recertification forms for you.

·         Don’t pay money to move up on a waiting list.

·         Don’t pay for anything that is not covered by your lease.

·         Get a receipt for any money you pay.

·         Get a written explanation if you are required to pay for anything other than rent (maintenance or utility charges).

Report Fraud

If you know of anyone who provided false information on a HUD housing assistance

application or re-certification or if anyone tells you to provide false information, report that

person to the HUD Office of Inspector general Hotline, You can call the Hotline toll-free

 Monday through Friday, from 10:00 a.m. to 4:00p.m., Eastern Time, at 1-800-347-3735.

You can fax information to (202) 708-4829 or e-mail it to Hotline@hudoig.gov. You can write the Hotline at:

HUD OIG Hotline, GFI

451 7^th Street SW

Washington, DC 20410

www.hud.gov