# Presentation: 675390

## FHAP Performance Assessments

## Purpose of On-Site Performance Assessments

**Purpose of On-Site Performance Assessments**

- To determine whether the agency engages in timely, comprehensive and thorough fair housing complaint investigation, conciliation, and enforcement activities.
- To determine whether the agency is in compliance with the requirements for participation in the FHAP.

## Frequency of On-Site Performance Assessments §115.206 (a) & (b)

**Frequency of On-Site Performance Assessments §115.206 (a) & (b)**

- During interim certification = in first six months and in last six months
- During certification = every 24 months
- Discretion to conduct more
- On-going remote monitoring

## Performance Assessment Template

**Performance Assessment Template**

- The template serves as a standardized format and includes the standards and requirements, which must be used.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 1: Commence complaint proceedings, carry forward such proceedings, complete investigations, issue determinations, and make final administrative dispositions in a timely manner.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 2: Administrative closures only in limited and appropriate circumstances.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 3: Conciliation efforts throughout.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 4: The agency conducts compliance reviews for settlements, conciliation agreements, and orders resolving discriminatory housing practices.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 5: The agency must consistently and affirmatively seek and obtain the type of relief designed to prevent recurrences of discriminatory practices.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 6: The agency must consistently and affirmatively seek to eliminate all prohibited practices under its fair housing law.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 7:  The agency must demonstrate that it receives and processes a reasonable number of complaints cognizable under both the Fair Housing Act and the agency’s fair housing statue or ordinance.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 7 (cont.): Reasonable minimums are based on the following framework.
_**Cities/Counties**_
**	****Very Small    ****	****0 – 60,000                  ****	****2 complaints**
**	****Small             ****	****60,001-300,000         ****	****5 complaints**
**	****Medium        ****	****300,001-600,000        ****	****8 complaints**
**	****Large             ****	****600,001 -1,500,000  ****	****	****15 complaints**
**	****Very Large    ****	****1,500,001- over         ****	****25 complaints**
_**States**_
**	****Very Small****	****	****up to 1,500,000            ****	****15 complaints**
**	****Small****	****	****1,500,001 to 4,500,000      ****	****25 complaints**
**	****Medium****	****	****4,500,001 to 9,000,000      ****	****50 complaints**
**	****Large              ****	****9,000,0001 to 15,000,000 ****	****80 complaints**
**	****Very Large****	****	****15,000,0001 and over        ****	****150 complaints**

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 8: The agency must report to HUD on the final status of all dual-filed complaints where a determination of reasonable cause was made.

## Performance Standards §115.206 (e)

**Performance Standards ****§115.206 (e)**

- PS 9: The agency must conform its performance to the provisions of any written agreements executed by the agency and HUD related to substantial equivalency certification, including but not limited to the interim agreement or MOU.

## Finance-Related Requirements § 115.307

**Finance-Related Requirements ****§ 115.307**

- If agency has other anti-discrimination responsibilities, it must spend 20% of its total annual budget on fair housing activities.
- The agency may not co-mingle FHAP funds and must be used for the purpose HUD provided them.
- The agency may not unilaterally reduce financial resources committed to fair housing.

## Finance-Related Requirements § 115.307

**Finance-Related Requirements ****§ 115.307**

- The agency must comply with written agreements between HUD and the agency, related to FHAP funding.
- The agency must draw down funds in a timely manner.
- The agency must be audited and maintain copies of the audit reports.
- All files must be kept to permit audits under applicable circulars, procurement regulations and guidelines, and the Single Audit requirements (§ 115.308).

## Testing Requirements § 115.311

**Testing Requirements** **§ 115.311**

- Must be in accordance with approved testing methodology.
- Testers must receive training or be experienced in in testing procedures.
- Testers must not:
- have prior felony, fraud, or perjury convictions;
- have an economic interest in test;
- or, be the relative, acquaintance, employee or competitor of any involved party.

## Training Requirement § 115.306(b) 

**Training Requirement ****§ 115.306(b)**

- Each agency must send staff to mandatory FHAP training sponsored by HUD, including, but not necessarily limited to, the National Fair Housing Training Academy (NFHTA) and the National Fair Housing Policy Conference.

## Data Support Systems Requirement 115.307(a)(3) 

**Data Support Systems Requirement ****115.307(a)(3)**

- The agency must use the Department’s official complaint data information system and must input all relevant data and information into the system in a timely manner.

## Changes Limiting Effectiveness of Agency’s Law § 115.211

**Changes Limiting ****Effectiveness of Agency’s Law § 115.211**

- Pertains to any changes to a substantially equivalent law such as amendments, adoptions or interpretations.
- The agency must inform the Assistant Secretary of such changes within 60 days of discovery.

## Civil Rights Requirement

**Civil Rights Requirement**

- The agency must be in compliance with all relevant civil rights laws, including:
- Title VI of the Civil Rights Act of 1964;
- the Americans with Disabilities Act;
- Section 504 of the Rehabilitation Act of 1973; and,
- Section 3 of the Housing and Urban Development Act of 1968.

## FHAP and the First Amendment § 115.310

**FHAP and the First ****Amendment ****§ 115.310**

- The agency may not use funding made available under FHAP to investigate or prosecute any activity that may be protected by the First Amendment of the United States Constitution.

## In Performance Assessment Reports, be sure to:

**In Performance Assessment Reports, be sure to:**

- Conclude whether each standard and requirement is met.
- Indicate whether the agency continues to sufficiently perform as a substantially equivalent agency.
- Make a recommendation for certification or recertification.

## Send a copy of Performance Assessment Report to Headquarters

**Send a copy of Performance Assessment Report to Headquarters**

- Kenneth J. Carroll
- Director, Fair Housing Assistance Program Division
- Office of Enforcement
- Office of Fair Housing and Equal Opportunity
- U.S. Department of Housing and Urban Development
- 451 Seventh Street S.W.
- Washington, DC 20410

## Presenter’s Contact Information

- _[Kenneth.J.Carroll@hud.gov](mailto:Kenneth.J.Carroll@hud.gov)_** – (202) 402-7044**