8021.1

APPENDIX J

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MODEL APARTMENT ASSOCIATION PLAN

1\. STATEMENT OF AUTHORITY AND PURPOSE

a\. Title VIII of the Civil Rights Act of 1968 (hereafter the

\"Act\") declares: \"It is the policy of the United States

to provide, within constitutional limitations, for fair

housing throughout the United States.\"

b\. Section 808 of the Act vests authority and responsibility

for its administration in the Secretary of Housing and

Urban Development. The Secretary has delegated the

authority to administer the Act, and Executive Order 11063

on Equal Opportunity in Housing, to the Assistant Secretary

for Fair Housing and Equal Opportunity.

c\. Voluntary compliance activities are mandated by Sections 808

and 809 of the Act. Section 808 requires the Secretary to

\"cooperate with and under technical assistance to Federal,

State, local other public or private agencies, organizations,

and institutions which are formulating or carrying on programs

to prevent or eliminate discriminatory housing practices\";

while, under Section 809, \"He shall call conferences of persons

in the housing industry and other interested parties \... and

shall endeavor with their advice to work out programs of

voluntary compliance and enforcement.\" The object in his so

doing is to promote a condition in which individuals of similar

income levels in the same housing market area have available to

them a like range of housing choices regardless of their race,

color, religion, sex or national origin.

d\. The Apartment Association/Council member owner/managers who

subscribe to this Plan believe that an affirmative program

going beyond the minimum requirements of the Act is essential

to achieve its broad objectives. They, therefore, commit

themselves, together with the Department of Housing and Urban

Development, to carry out this Voluntary Affirmative Fair

Housing Marketing Program.

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8021.1

APPENDIX J

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2\. PARTIES

a\. The
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(local

Apartment Association/Council) and those of its individual

members whose names and signatures appear in Part X of this

Plan.

b\. The U.S. Department of Housing and Urban Development through

the authorized signatures appearing in Part IX of this Plan.

c\. A non-signatory firm may become a signatory at any time

during the life of this Plan, provided that it first

advises the HUD Area Office Manager in writing of its

intention to become a signatory and provided that HUD

approves and accepts the offer. The new signatory shall

sign both the Apartment Association/Council and HUD\'s

copies of this Plan.

3\. DEFINITIONS

a\. Affirmative marketing is defined as a program to attract

buyers or tenants of all groups to the housing for sale

or rental, and to inform those population groups in the

community least likely to apply for housing located in

non-traditional areas of occupancy of the availability of

housing and services offered by developers, owners, and

managers to all prospective home buyers or renters.

b\. Apartment Association/Council is defined as that body

which includes as members residential apartment developers,

owners, and managers doing business in the designated

geographical area.

c\. Fair Housing Laws include both the 1866 Civil Rights Act,

interpreted by the United States Supreme Court in Jones v.

Mayer to prohibit discrimination in the acquisition or

disposition of all real property, and the 1968 Fair Housing

Act as amended by the Housing Community Development Act of

1974\. Affirmative Fair Housing Marketing Regulations have

been issued to assure that HUD-assisted housing will be

affirmatively marketed, and to provide for the voluntary

affirmative marketing of all housing.

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8021.1

APPENDIX J

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4\. SCOPE. The provisions of this Plan apply to all residential

housing constructed, marketed, sold or rented by each developer

owner or manager signatory, and its agent(s) in the area(s)

designated.

5\. APARTMENT ASSOCIATION/COUNCIL ACTIVITIES. The Apartment

Association Council signatories to this Agreement agree to

adopt and undertake the following affirmative steps designed

to implement its purposes:

a\. Develop a code of fair housing practices relevant to

apartment house rental standards and procedures, and

require affiliates to endorse the code as a condition

of continued membership in the Association/Council.

b\. Establish an Equal Opportunity Committee to:

\(1\) supervise, monitor and administer the program

encompassed by the Agreement;

\(2\) develop informational programs for employees to assure

compliance with Title VIII of the Civil Rights Act

of 1968 and all other relevant fair housing laws; and

\(3\) meet quarterly with HUD and a Community Housing

Resource Board (CHRB) to assess program progress.

c\. Display the HUD Equal Housing Opportunity slogan and logo

in newspaper ads in compliance with HUD\'s Advertising

Guidelines.

d\. Develop a fair housing advertising campaign.

e\. Develop a standard rental application form to recommend

for adoption by member firms. Said form should contain

eligibility requisites for renting an apartment, and

make provisions for an applicant\'s name, address, telephone

number, color and sex, and indicate the reason for

any applicant\'s rejection.

f\. Develop a monitoring system, in order to receive information

from the signatories concerning their programmatic

efforts and achievements.

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8021.1

APPENDIX J

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6\. INDIVIDUAL SIGNATORY RESPONSIBILITIES OF APARTMENT ASSOCIATION/

COUNCIL MEMBERS.

In order to carry out effectively the purposes of this Plan,

each member of the Apartment/Association/Council, acting

individually, agrees to:

a\. Subscribe to the Code adopted by the Apartment Association/

Council;

b\. Comply with HUD\'s Advertising Guidelines;

c\. Include the \"Equal Housing Opportunity\" logo on highway

billboards and 30-day posters so as to be clearly visable

to passing traffic.

d\. Use the \"Equal Housing Opportunity\" slogan for radio ads,

and the slogan and logo for TV ads;

e\. Imprint the Equal Opportunity slogan on all site signs;

f\. Provide office display of the fair housing poster;

g\. Imprint the EO slogan and logo on all brochures;

h\. Adopt policies and procedures to prevent steering of

applicants and blockbusting;

i\. Maintain a nondiscrimintory policy in company practices,

and affirmatively seek to employ minorities and women

for property management positions;

j\. Adopt the standard rental application form developed by the

Apartment Council. All applicants will be requested to

fill out the form, to be time and date stamped, irrespective

of immediate vacancy. All forms will be retained by the

rental office for not less than one year and be made

available to HUD upon request. Eligibility requisites for

renting an apartment will be in writing and will be provided

to all rental applicants. Rental staff will be issued

written and verbal instructions that the eligibility criteria

are to be applied uniformly to all applicants.

k\. Conduct informational programs for employees in the

requirements of all relevant fair housing laws;

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8021.1

APPENDIX J

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l\. Provide minority and women owned businesses an opportunity

to bid on such services as printing, office supplies, and

advertising needed in conjunction with normal business

operations.

m\. Designate an Equal Opportunity Officer to represent

management in supervising the development and implementation

of the aforementioned tasks, and to participate on the

Council\'s Equal Opportunity Committee in a semiannual review

of the Plan with HUD and a Community Housing Resources

Board.

7\. HUD RESPONSIBILITIES

a\. HUD, in cooperation with state or local human rights

agencies, shall establish a Community Housing Resource Board

(CHRB) in each market area composed of representatives from

all groups in the community whose participation would serve

to implement the goals of the Plan. The Equal Opportunity

Committee of the Apartment Council will meet with the CHRB

at least quarterly to inform it of efforts by the Apartment

Association/Council to implement the Plan, and to secure

CHRB assistance in accomplishing the goals of the Plan.

The CHRB may be called upon to provide housing counselling

assistance when necessary, and will maintain a current

list of community organizations and persons concerned with

open housing to be used as referral sources in each market

area.

b\. HUD shall offer its technical assistance to the Association/

Council and the signatories on a continuing basis to aid in

effectuating the Plan including:

\(1\) the development of an advertising campaign in accordance

with the Advertising Guidelines for Fair Housing;

and

\(2\) providing the Council with sources of employee

recruitment and minority and women owned business

identification.

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8021.1

APPENDIX J

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8\. TERMINATION

The Apartment Council, or any individual signatory to this

voluntary affirmative marketing Plan, may unilaterally

terminate its participation in the program by providing due

notice to the other parties. Should HUD believe, at any time

during the term of this Plan, that there are serious problems

in connection with its implementation, the Assistant Secretary

for Fair Housing and Equal Opportunity, or his designee, may

modify the Plan in whole or in part with the consent of the

Association/Council, or terminate the Plan.

9\. DURATION

a\. The Plan shall be effective when approved by the Assistant

Secretary for Fair Housing and Equal Opportunity, HUD,

shall remain in effect for two years, and may be modified

upon consent of the parties. Within sixty (60) days prior

to the annual anniversary date of the execution,

representatives of the Association/Council and HUD will meet

to evaluate the effectiveness of the Plan and to determine

whether it, or some modification thereof, should be adopted

for the following year.

10\. ADOPTION AND SIGNATORIES

Adoption by the
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at a

(Name of Apartment House Council)

special meeting held on
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19\_\_\_,

at
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(City and State)

For the
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(Name of Apartment House Council)

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Executive Secretary President

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8021.1

APPENDIX J

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For Member Firms:

Firm Name Firm Representative

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11\. HUD SIGNATORIES

This Plan has been approved by the Area Office Manager,

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at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_; by the Regional
Administrator,

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at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_; and by the Assistant
Secretary for

Equal Opportunity, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
on \_\_\_\_\_\_\_\_\_, 19\_\_\_\_,

at \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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