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Fair Housing Policy & Guidance
If you or somebody you know is in need of assistance, please visit our Help for Texans Page.
The Fair Housing Act and Related Laws
Fair Housing Laws
Title VII of the Civil Liberty Act of 1968 (the Fair Housing Act), as amended, (www.justice.gov).
restricts discrimination in the sale, leasing, and funding of houses, and in other housing-related transactions, based upon race, color, nationwide origin, faith, sex, and familial status.
Title VI of the Civil Rights Act of 1964 (www.justice.gov).
Title VI forbids discrimination on the basis of race, color, or nationwide origin in programs and activities getting federal financial assistance.
Section 504 of the Rehabilitation Act of 1973 (www.congress.gov).
Section 504 forbids discrimination based upon special needs in any program or activity receiving federal financial support.
Section 109 of Title I of the Housing and Community Development Act of 1974 (govinfo.gov).
Section 109 forbids discrimination on the basis of race, color, nationwide origin, sex or religion in programs and activities receiving financial support from HUD's Community Development and Block Grant Program.
Title II of the Americans with Disabilities Act of 1990 (www.ada.gov).
Title II restricts discrimination based upon disability in programs, services, and activities provided or offered by public entities. HUD enforces Title II when it connects to state and local public housing, housing support and housing referrals.
Architectural Barriers Act of 1968 (www.access-board.gov).
The Architectural Barriers Act needs that structures and facilities designed, constructed, altered, or rented with specific federal funds after September 1969 should be available to and useable by disabled persons.
Age Discrimination Act of 1975 (www.dol.gov).
The Age Discrimination Act forbids discrimination on the basis of age in programs or activities receiving federal financial support.
Title IX of the Education Amendments Act of 1972 (www.congress.gov).
Title IX prohibits discrimination on the basis of sex in education programs or activities that get federal financial support.
The Violence Against Women Reauthorization Act of 2022 (www.gpo.gov).
The Violence Against Women Reauthorization Act of 2013 forbids discrimination on the basis that an individual has been a victim of domestic violence, dating violence, sexual attack, and stalking.
Fair Housing Related Executive Orders
Executive Order 11063 (govinfo.gov).
Executive Order 11063 prohibits discrimination in the sale, leasing, leasing, or other personality of residential or commercial properties and facilities owned or operated by the federal government or offered with federal funds.
Executive Order 12892 (PDF).
Executive Order 12892, as amended, needs federal agencies to affirmatively further fair housing in their programs and activities, and supplies that the Secretary of HUD will be accountable for coordinating the effort. The Order likewise develops the President's Fair Housing Council, which will be chaired by the Secretary of HUD.
Executive Order 13217 (PDF).
Executive Order 13217 requires federal companies to examine their policies and programs to determine if any can be revised or customized to enhance the availability of community-based living plans for persons with impairments.
Fair Housing Guidance by Federal Program
The Emergency Solutions Grant Program (" ESG")
Fair Housing guidance and ESG program guides, webinars, tools and templates are available on the ESG page of the OneCPD website (www.onecpd.info), the Interim ESG Rule (www.ecfr.gov), and the Interim COC Rule (www.ecfr.gov).
TDHCA receives and administers federal funds for the ESG program. Visit the TDHCA ESG Program page for additional information.
The Community Development Block Grant (" CDBG") and CDBG Disaster Program
CDBG privilege, state, and program sub receivers need to review HUD's CDBG page (hud.gov) for a list of relevant guidelines worrying CDBG and fair housing.
For training related to CDBG Disaster, visit HUD's CDBG Disaster Recovery Assistance page (hud.gov).
TDA and TDHCA receive and administer federal funds for the CDBG program. GLO gets and administers federal funds for the CDBG Disaster program. For TDA info, see TDA (www.texasagriculture.gov); for more info about CDBG disaster programs, see GLO (www.glo.texas.gov).
The HOME Investment Partnerships Program
Guidance on reasonable housing requirements and the HOME program is readily available in the HOME Final Rule at 24 CFR Part 92 (www.ecfr.gov).
TDHCA, together with other Texas Participating Jurisdictions (" PJs"), receives and administers federal funds for the HOME Single Family and Multifamily programs. Visit TDHCA HOME Single Family and HOME Multifamily pages for more details.
The Housing Opportunities for Persons With AIDS Program (" HOPWA")
Recipients and subrecipients of Federal HOPWA funds need to embrace treatments to ensure that all persons who receive HOPWA assistance, regardless of their race, color, religion, sex, age, national origin, familial status, or disability know of the schedule of the HOPWA program, consisting of centers and services accessible to persons with disabilities, and keep proof of implementation of how they ensure these treatments. These and other non-discrimination and equal opportunity laws and policies are referred to in HOPWA regulations at 24 CFR Part 574 (www.ecfr.gov) and others are included by reference, such as 24 CFR Part 5 (www.ecfr.gov), suitable arrangements of the ADA (www.ada.gov), and 28 CFR Parts 35 and 36 (www.ecfr.gov).
Additional guides, tools, and webinars are readily available on the OneCPD site (www.onecpd.info).
DSHS gets and administers federal funds for the HOPWA programs. Visit the DSHS HOPWA page (www.dshs.texas.gov) to learn more.
