In order to achieve the purpose of Fair Housing Planning, it is important to take steps to involve members of the community, and particularly those who otherwise would not participate, beyond generalized outreach and participation. Community Participation elicits the participation of members of groups with characteristics protected by the Fair Housing Act, which are race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, and disability. Thus, Community Participation requires Program Participants to actively work to encourage participation of members of communities that have been historically underrepresented, underserved, or subject to discrimination. This may include (but is not limited to) communities of color; religious minorities; lesbian, gay, bisexual, transgender, queer, intersex, asexual (LGBTQIA+) persons; persons with disabilities; persons who live in rural areas; Limited English Proficiency (LEP) persons; and persons otherwise adversely affected by persistent poverty or inequality. Community Participation can be achieved by direct engagement with community members and community leaders, and by forging relationships with organizations that represent these communities. Program Participants can use Community Participation as a best practice to engage members of the public and elicit participation in the Fair Housing Planning process.

Federal nondiscrimination laws define a person with a disability to include any individual (1) with a physical or mental impairment that substantially limits one or more major life activities; (2) with a record of such impairment; or (3) who is regarded as having such an impairment. See also 24 CFR § 5.151 and FHEO’s Disability Page.

Under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act, recipients of HUD financial assistance, state and local governments, health care facilities, group homes, assisted living facilities, colleges and universities, and housing rental and sales offices, among others, have the legal obligation to take appropriate steps to ensure effective communication with individuals with disabilities. Effective communication is generally provided using appropriate auxiliary aids and services, such as interpreters, computer-assisted real time transcription (CART), captioned videos with audible video description, visual alarm devices, a talking thermostat, accessible electronic communications and websites, documents in alternative formats (e.g., Braille, large print), or assistance in reading or completing a form, etc. This requirement applies to all oral, written, audible, visual, and electronic communications, including letters, notices, emails, social media, internet websites, forms, leases, rules, and other written documents and electronic media, as well as communications that occur in person, over the telephone, over the internet, and in interviews, meetings, training classes, hearings, and public presentations, when communicating with an individual with a disability or when such communications are expected. Under the effective communication requirement, steps must be taken to ensure that communications are provided in the most integrated setting appropriate for the individual with a disability. It is also necessary to give primary consideration to the means of communication preferred by the individual with a disability. See also the Office of Fair Housing and Equal Opportunity’s (FHEO) Effective Communication page for more information.

In Executive Order 13985 Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, equity is defined as “the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as Black, Latino, and Indigenous and Native American persons, Asian Americans and Pacific Islanders and other persons of color; members of religious minorities; lesbian, gay, bisexual, transgender, and queer (LGBTQ+) persons; persons with disabilities; persons who live in rural areas; and persons otherwise adversely affected by persistent poverty or inequality.”

A fair housing goal is a goal identified through the analysis in the Fair Housing Plan, to overcome fair housing issues. Program Participants are responsible for taking meaningful actions to achieve each of the fair housing goals identified in their Fair Housing Plan. Meaningful actions are significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.

A federal protection under the Fair Housing Act prohibiting discrimination in housing against families with children under 18 years, persons who are pregnant or in the process of obtaining legal custody, or persons with the written permission of the parent or legal guardian. See also 42 U.S.C. 3602

The Fair Housing Act contains a limited exemption from the familial status prohibitions for housing for older persons. Specifically, these exemptions apply to the following types of housing:

• Provided under any state or federal program that the Secretary of HUD has determined to be specifically designed and operated to assist elderly persons (as defined in the state or federal program);
• Intended for, and solely occupied by, persons 62 years of age or older; or
• Intended and operated for occupancy by persons 55 years of age or older.

The "housing for older persons" exemption does not defend such housing facilities or communities from liability for housing discrimination because of race, color, national origin, religion, sex (including sexual orientation and gender identity), familial status, or disability.

Under Title VI of the Civil Rights Act of 1964 and in accordance with Supreme Court precedent in Lau v. Nichols, recipients of federal financial assistance are required to take reasonable steps to ensure meaningful access to their programs and activities by limited English proficient (LEP) persons. In accordance with Executive Order 13166, the meaningful access requirement of the Title VI regulations and the four-factor analysis set forth in the Department of Justice (DOJ) LEP Guidance apply to the programs and activities of federal agencies, including HUD. See also FHEO’s Limited English Proficiency Page, and LEP.gov for more information.

Abbreviation for Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Asexual, Plus.

Several federal laws require that private and federally-assisted housing be accessible to persons with disabilities. These laws and their implementing regulations set out the requirements for physical accessibility:

• Fair Housing Act
• Section 504 of the Rehabilitation Act of 1973 (Section 504)
• Americans with Disabilities Act (ADA)
• Architectural Barriers Act (ABA)

Most entities are subject to more than one federal accessibility law and architectural standard in the operation of their housing services, programs, and activities. In addition, state and local laws may also apply and provide for greater protections. Entities must be aware of all applicable laws and ensure that they and any subrecipients comply with such laws. This may require applying multiple federal accessibility laws and architectural standards to ensure physical accessibility for individuals with disabilities. Additional state and local requirements may also apply. See also FHEO’s Physical Accessibility page for more information.

Under the Fair Housing Act a reasonable accommodation is a change, exception, or adjustment to a rule, policy, practice, or service. The Fair Housing Act makes it unlawful to refuse to make reasonable accommodations to rules, policies, practices, or services when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy a dwelling and public and common use areas.

In addition, the Fair Housing Act prohibits a housing provider from refusing to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises.

Unlike the Fair Housing Act, Section 504 does not distinguish between reasonable accommodations and reasonable modifications. Instead, both are captured by the term “reasonable accommodations". Under Section 504, the requirement to make reasonable accommodations applies to any changes that may be necessary to provide equal opportunity to participate in any federally-assisted program or activity. This includes a change, adaptation or modification to a policy, program, service, facility, or workplace which will allow a qualified person with a disability to participate fully in a program, take advantage of a service, live in housing, or perform a job. Reasonable accommodations also include any structural changes that may be necessary. Reasonable accommodations may include changes which may be necessary in order for the person with a disability to use and enjoy a dwelling, including public and common use spaces, or participate in the federally-assisted program or activity. Under Section 504, reasonable accommodations must be provided and paid for by the housing provider unless providing them would be an undue financial and administrative burden or a fundamental alteration of the program. In such cases, the provider is still required to provide any other reasonable accommodation up to the point that would not result in an undue financial and administrative burden on the particular recipient and/or constitute a fundamental alteration of the program. In addition to the statutory requirement to make reasonable accommodations under Section 504, HUD's Section 504 regulation provides for making "housing adjustments" at 24 C.F.R. § 8.33.

Similar to and based upon the Section 504 reasonable accommodation requirement, Titles II and III of the ADA require public entities and public accommodations to make reasonable modifications to policies, practices, or procedures to avoid discrimination. This obligation applies unless the public entity can demonstrate that the modifications would fundamentally alter the nature of its service, program, or activity (Title II), or the public accommodation can demonstrate that making the modifications would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations (Title III). See also FHEO’s Reasonable Accommodations and Modifications page for more information.

Section 508 requires all electronic and information technology (also referred to as information and communication technology or ICT) that is developed, procured, maintained, or used by a federal agency to be accessible to people with disabilities. Examples of ICT include web sites, telephones, multimedia devices, and copiers. Access available to individuals with disabilities must be comparable to access available to others. Standards for Section 508 compliance are developed and maintained by the United States Access Board. See also 29 U.S.C. §794d, Section 508 at HUD, and Section508.gov for more information on the United States Access Board’s standards for 508 compliance.

Populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of ‘equity.’