PRRAC Update (October 22, 2015): AFFH preparations; HUD’s new harassment rule

AFFH is coming:  After working for many years with HUD to get a final fair housing rule issued, PRRAC and other civil rights and housing advocates are now gearing up to ensure successful implementation of the rule out in the field.  One of our goals is to alert leaders and activists working in public health and education that the new planning rule is also an important tool to advance their racial equity work.  For example, we recently helped put on a national webinar with the National Collaborative on Health Equity on AFFH and housing mobility, we’ll be presenting on AFFH at the upcoming American Public Health Association conference in Chicago.  Affirmatively Furthering Fair Housing was also featured at a popular workshop at the recent national conference on school diversity, and we’ll be explaining the process at an upcoming national training conference for the Department of Education’s Magnet Schools Assistance Program. Soon the first round of jurisdictions will begin to grapple with the new rule, and we are working with other national and state advocates to ensure that these early responding cities and counties have successful and inclusive community engagement and high quality plans with meaningful action steps.

HUD issues proposed harassment rule:  Like the final AFFH rule, this proposed fair housing rule on sexual and racial harassment in housing was delayed for years inside the HUD and OMB bureaucracy, but the proposed harassment rule was definitely worth the wait.  The rule defines “‘quid pro quo” and “hostile environment” harassment, defines building owner and management responsibility for sexual harassment by building staff, neighbor on neighbor racial harassment, and other forms of harassment based on religion, disability, etc.  These types of discrimination claims have long been cognizable under the “discriminatory terms and conditions” section of the Fair Housing Act, but the new rule provides clear guidelines for both HUD administrative complaints and complaints in federal court, and resolves certain ambiguities about which aspects of Title VII harassment law should apply in the housing context.