2019 Analysis of Impediments to Fair Housing: Phase 1 Report

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Document Translated? Notice to Housing Choice Voucher (HCV) applicants and tenants regarding the Violence Against Women Act None submitted HCV Consent for Release of Criminal Conviction Record None Form submitted HCV Right to Reasonable Accommodation Form None submitted The Rules and Regulations of the Office of Housing and Community Development for the County ofHawai '1 (2016) ("PHA Administrative Plan") describes HUD regulations and PHA policies regarding nondiscrimination, reasonable accommodation for persons with disabilities, and meaningful access by persons with limited English proficiency (LEP). This includes policies to handle discrimination complaints and requests for accommodations. 2.2.1. Nondiscrimination The PHA Administrative Plan does not fully comply with fair housing laws in the state of Hawai`i. The document does identify the appropriate relevant federal legal authorities that guide it: Title VI of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, Execute Order 11063, Section 504 of the Rehabilitation Act of 1973, The Age Discrimination Act of 1975, Title 11 of the Americans with Disability Act, and the Violence Against Women Reauthorization Act of 2005. However, state fair housing laws identify more protected classes than federal laws. Specifically, the state law prohibits discrimination "because of race, sex, including gender identity or expression, sexual orientation, color, religion, marital status, familial status, ancestry, disability, age, or human immunodeficiency virus infection." H.R.S. § 515-3. The PHA Administrative Plan includes confusing language regarding its compliance with Hawai`i state fair housing law and ultimately omits some of the protected classes. The PHA Administrative Plan states "The PHA will comply with all federal, state, and local nondiscrimination laws, and with rules and regulations governing fair housing and equal opportunity in housing and employment ...." PHA Administrative Plan at 2-3. However, it also states, under the subheading "PHA Policy": "No state or local nondiscrimination laws or ordinances apply." Id. The chapter on Nondiscrimination states: Federal regulations prohibit discrimination against certain protected classes and other groups of people. State and local requirements, as well as PHA policies, can prohibit discrimination based on other factors. The PHA shall not discriminate because of race, color, sex, religion, familial status, age, disability or national origin (called `protected classes") 28