An HOA Handout: Analysis of Impediments (AI) Accepted by a Grantee

An HOA Handout

Analysis of Impediments (AI) Accepted by Douglas County

Does your community have a similar AI?

 The 4 year old document below, “2011 Analysis of Impediments to Fair Housing Choice” by BBC RESEARCH & CONSULTING, contracted to analyze impediments to fair housing in Douglas County.  The seeds for the new HUD AFFH rule as it affects Douglas County can be traced back to this initial research supporting the HUD block grant program, CDBG.

http://www.douglas.co.us/documents/2011-analysis-of-impediments.pdf

What should be striking and get your immediate attention is impediment no. 3, “There is a lack of understanding of fair housing issues”.  Who designated these consultants as owners of the issue; and the county was forced to pay for this to receive CDBG funds?

This analysis sets the ground work for future low income housing to be mandated by the new HUD AFFH rule.  Below are the findings of the research impediments that were identified, #1 concern the controversial Light Rail extension here in Douglas County, CO.

Analysis of Impediments (AI)

Excerpts

Impediment No. 1. There is a shortage of transit opportunities for persons with disabilities, seniors and low-income residents.

Impediment No. 2. The County could be more diverse and balanced.

Impediment No. 3. There is a lack of understanding of fair housing issues.

“There is a lack of understanding of fair housing issues among residents in Douglas County. Misunderstandings about fair housing laws, including reasonable accommodations requirements, are common. Some attendees at meetings held for this study communicated misunderstandings and lack of support for reasonable accommodations provisions.

Why is this barrier? It is important that all members of a community—residents, community leaders, landlords, HOA board members—correctly understand fair housing laws so they do not intentionally or inadvertently deny a person with a disability the same housing rights as someone without a disability. A recent court case in Boise County, Idaho, where the county was ordered to pay a developer $4 million for violating the reasonable accommodations provision of the Fair Housing Act, provides further evidence of the need to properly comply with this aspect of fair housing.

Community benefit of fair housing knowledge. Incorrect decisions made by players in the real estate industry, including landlords, community leaders and HOA board members, can have legal implications as noted above. These decisions can be costly. In addition, without needed reasonable accommodations, persons with disabilities may be inadequately housed and not have equal access to the community benefits enjoyed by other residents.

• Action item 3.1. Expand the County’s exceptional efforts in fair housing education and training. Douglas County has proved itself to be a leader in fair housing education and outreach.   Expand the County’s efforts to ensure an even stronger understanding of fair housing laws by, for example, creating a model HOA Fair Housing Education and Outreach Program to provide to HOAs in Douglas County as well as surrounding suburban areas.”

Impediment No. 4. Potential barriers to fair housing choice exist in zoning regulations.