| (a) Applicability. Compliance with this section is
required for all Developments with five or more total units to further
the objectives of Title VIII of the Civil Rights Act of 1968 and Executive
Order 13166.
(b) General. A Development Owner with five or more
total Units must affirmatively market the Units to promote equal housing
choice for prospective tenants, regardless of race, color, religion,
sex, national origin, familial status, or disability and must develop
and carry out an Affirmative Fair Housing Marketing Plan (or Affirmative
Marketing Plan) to provide for marketing strategies and documentation
of outreach efforts to prospective applicants identified as "least
likely to apply." To determine the "least likely to apply" populations,
a Development Owner is encouraged to use Worksheet 1 of HUD Form 935.2A,
but at a minimum the Owner must document that they have compared the
demographic composition of the Development to the market area to determine
the populations least likely to apply. All Affirmative Marketing Plans
must provide for affirmative marketing to Persons with Disabilities.
Although not related to Affirmative Marketing requirements in this
section, some Developments may be required by their LURAs to market
units specifically to veterans or other populations as part of their
regular marketing activities. If a Development has included veterans
in the Development's Affirmative Marketing Plan it will not be cited
as noncompliance the first time the Development's Affirmative Marketing
Plan is reviewed, but the Development will be directed to revise the
Affirmative Marketing Plan to not include this subpopulation in the
plan.
(c) Plan format. A Development Owner must prepare,
have in its onsite records, and submit to the Department upon request,
a written Affirmative Marketing Plan. Owners are encouraged to use
any version of HUD Form 935.2A to meet Affirmative Marketing requirements.
An Owner participating in a HUD funded program administered by the
Department must use the version utilized by the program.
(d) Marketing and Outreach.
(1) The plan must include special outreach efforts
to the "least likely to apply" populations through specific media,
organizations, or community contacts that work with least likely to
apply populations or work in areas where least likely to apply populations
live. The outreach efforts identified in the Affirmative Marketing
Plan must be performed by the Development at least once per calendar
year.
(2) To the extent that advertisements and/or marketing
materials are utilized for the Development, those materials must contain:
(A) The Fair Housing logo;
Attached Graphic
(B) The contact information for the individual who
can assist if reasonable accommodations are needed in order to complete
the application process; and
(C) Property contact information must be provided in
both English and Spanish, and may be required to be provided in other
languages in accordance with Limited English Proficiency Requirements.
(e) Timeframes.
(1) An Owner must begin its affirmative marketing efforts
for each of the identified populations least likely to apply at least
six months prior to the anticipated date the first building is to
be available for occupancy.
(2) Once every five years, Owners must determine if
there have been any changes to the "least likely to apply" populations
by completing Worksheet 1 of HUD Form 935.2A or a written process
with equivalent information. In addition, owners must determine if
current advertising sources still exist, and if the outreach that
has been performed is still the most applicable. If the Owner determines
that the plan does not need to be updated, the backup used to complete
Worksheet 1 or its equivalent must be dated and maintained and may
be reviewed by Department staff during reviews of the Affirmative
Marketing Plan. If there have been changes to the least likely to
apply populations or if the community contacts and advertising outlets
no longer exist, the plan must be updated. Developments funded by
HUD or USDA must also update their plans in accordance with HUD or
USDA requirements that apply.
(f) Recordkeeping. Owners must maintain records of
each Affirmative Marketing Plan and specific outreach efforts completed
for the greater of three years or the recordkeeping requirement identified
in the LURA.
(g) Exception to Affirmative Marketing. If the Development
has closed its waitlist, Affirmative Marketing is not required. Affirmative
Marketing is required as long as the Owner is accepting applications,
has an open waitlist, or is marketing prior to the building being
ready for occupancy as required under subsection (e)(1) of this section.
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