[Federal Register Volume 62, Number 239 (Friday, December 12, 1997)]
[Notices]
[Pages 65574-65585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32516]
[[Page 65573]]
_______________________________________________________________________
Part III
Department of Housing and Urban Development
_______________________________________________________________________
Notice of Funding Availability for the Fair Housing Services Center in
East Texas; Notice
Federal Register / Vol. 62, No. 239 / Friday, December 12, 1997 /
Notices
[[Page 65574]]
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4127-N-03]
Notice of Fund Availability for the Fair Housing Services Center
in East Texas
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of Fund Availability (NOFA) for the Fair Housing
Services Center (FHSC) in East Texas.
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SUMMARY: This NOFA announces the availability of funds and HUD's
request for proposals (RFP) to establish a Fair Housing Services Center
in East Texas to be administered by a non-profit organization (NPO).
HUD will award to and enter into a contract with an NPO to administer
the FHSC as required by the Final Judgment and Decree (Final Judgment)
in Lucille Young v. Cuomo, CA No. P-80-8-CA, (E.D. Tex.; dated March
30, 1995). HUD has been ordered to provide $500,000 per year for a
period of at least five years to fund the FHSC to be located in
Beaumont, Texas, with branch offices within the 36 county area that
constitutes East Texas, and one mobile office unit to provide services
to remote locations throughout East Texas. Appendix A to this Notice is
a copy of the Request for Proposals (RFP) and Program Guidelines.
DATES: The deadline for proposals for the Fair Housing Services Center
NOFA is February 10, 1998, 3:00 p.m., Washington, DC time.
The above-stated deadline for proposals is firm as to date and
hour. In the interest of fairness to all competing NPOs, HUD will treat
as ineligible for consideration any proposal that is not received
before the deadline for proposals. NPOs submitting proposals should
take this practice into account and make early submission of their
materials to avoid any risk of loss of eligibility brought about by
unanticipated delays or other delivery-related problems. HUD will not
accept, at any time during the NOFA competition, proposal materials
sent via facsimile (FAX) transmission.
Preproposal Conference: A preproposal conference will be held by
HUD on Friday, December 19, 1997, at 9:00 AM, for all NPOs interested
in submitting a proposal in response to this NOFA. The preproposal
conference will be held at Lamar University (1200 Martin Luther King
Parkway), Education Building, Room 207, Georgia at Calahan Street,
Beaumont, Texas. NPOs interested in submitting an application should
contact Mr. Gerald J. Benoit, Director, Operations Division, Office of
Rental Assistance, Department of Housing and Urban Development,
Washington, D.C. at telephone number (202) 708-0477 (this is not a
toll-free number) regarding the date, time and room number for the
preproposal conference. For hearing-and speech-impaired persons, this
number may be accessed via TTY (text telephone) by calling the Federal
Information Relay Service at 1-800-877-8339.
Proposal Packet: A proposal packet containing a copy of this NOFA,
the Court Order in Lucille Young v. Cuomo, and the format for three of
the four certifications required of NPOs submitting proposals is
available by contacting the address/telephone number indicated in the
following two paragraphs entitled Addresses and For Further Information
Contact.
ADDRESSES: The original and five complete copies of the proposal should
be submitted by the deadline to Mr. Gerald J. Benoit, Director,
Operations Division, Office of Rental Assistance, Department of Housing
and Urban Development, Room 4220, 451 Seventh Street, S.W., Washington,
D.C., 20410.
FOR FURTHER INFORMATION CONTACT: Gerald J. Benoit, Director, Operations
Division Office of Rental Assistance, Department of Housing and Urban
Development, Room 4220, 451 Seventh Street, S.W., Washington, D.C.,
20410, telephone number (202) 708-0477 (this is not a toll-free
number). For hearing-and speech-impaired persons, this number may be
accessed via TTY (text telephone) by calling the Federal Information
Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act Statement
The information collection requirements contained in this Notice
have been approved by the Office of Management and Budget in accordance
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), and
assigned OMB control number 2577-0169. An agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless the collection displays a valid control number.
Request for Applications
All information related to the RFP is available in Appendix A to
this Notice. Appendix A is the only document potential bidders should
use to determine the requirements of the RFP.
The plaintiffs, African-American residents of public housing in
East Texas, filed suit in 1980 alleging that HUD had knowingly
maintained a system of segregated housing in a 36-county area of East
Texas, in violation of the U.S. Constitution and various civil rights
laws. The plaintiffs contended that there was segregation in HUD-
supported low income public housing, Section 8 Existing Housing and
other HUD-assisted multifamily housing programs.
In 1982, the U.S. District Court for the Eastern District of Texas
certified a class consisting of all African-American applicants for and
residents of HUD-funded public housing, Section 8 housing and other
assisted housing programs in the 36-county area. In 1985, the court
issued a liability decision finding that HUD had knowingly and
continually maintained a system of segregated housing in the 36-county
area.
In 1987, while an appeal was pending, HUD and the plaintiffs
reached an agreement to limit the scope of the case and the class of
plaintiffs. In 1988, the court appointed a special master and issued an
interim injunction which compelled HUD to require each of the 70
housing agencies to implement race-conscious Tenant Selection and
Assignment Plans and to provide all class members a series of notices
of desegregative opportunities in all HUD-assisted housing in East
Texas. On March 30, 1995, U.S. District Judge William Wayne Justice
issued the Final Judgment that approved the desegregation plans and the
plan amendments and required HUD to fund the FHSC.
The following is an outline of the activities of the FHSC (NPOs
submitting proposals should refer to the attached RFP for details of
the activities and responsibilities of the FHSC):
1. Familiarity with all relevant HUD regulations;
2. Outreach to landlords and assistance with exception rents;
3. Eligibility review services;
4. Counseling services and other social services support;
5. Responsibilities to Class members who receive a desegregative
voucher/certificate;
6. FHSC encouragement and assistance to class members to make
desegregative moves;
7. Information provided to Class members;
8. Quarterly and Annual Performance Reports; and
9. HUD's Right to Request Information.
NPOs submitting proposals must respond to the requirements of the
RFP attached to this NOFA and HUD encourages applicants to refer to the
[[Page 65575]]
RFP for all appropriate information concerning the Fair Housing
Services Center.
Other Matters
Environmental Impact
This NOFA provides assistance in promoting and enforcing fair
housing and nondiscrimination. Accordingly, under 24 CFR 50.19(C)(3),
this NOFA is categorically excluded from environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Federalism Impact
The General Counsel, as the Designated Official under section 6(a)
of Executive Order 12612, Federalism, has determined that the policies
contained in this notice will not have substantial direct effects on
States or their political subdivisions, or the relationship between the
Federal Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
the notice is not subject to review under the Order. This notice is a
funding notice and does not substantially alter the established roles
of the Department, the States, and local governments, including HAs.
Executive Order 13045, Protection of Children From Environmental Health
Risks and Safety Risks
This notice will not pose an environmental health risk or safety
risk to children.
Section 102 of the HUD Reform Act: Documentation and Public Access
Requirements
HUD will ensure that documentation and other information regarding
each proposal submitted pursuant to this NOFA are sufficient to
indicate the basis upon which assistance was provided or denied. This
material, including any letters of support, will be made available for
public inspection for a five-year period beginning not less than 30
calendar days after the award of the assistance. Material will be made
available in accordance with the Freedom of Information Act (5 U.S.C.
552) and HUD's implementing regulations at 24 CFR part 15. In addition,
HUD will include the recipients of assistance pursuant to this NOFA in
its Federal Register notice of all recipients of HUD assistance awarded
on a competitive basis. (See 24 CFR 12.14(a) and 12.16(b), and the
notice published in the Federal Register on January 16, 1992 (57 FR
1942), for further information on these requirements.)
Section 103 of the HUD Reform Act
HUD's regulation implementing section 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a)
(Reform Act), codified as 24 CFR part 4, applies to the funding
competition announced today. The requirements of the rule continue to
apply until the announcement of the selection of successful applicants.
HUD employees involved in the review of proposals and in the making
of funding decisions are restrained by part 4 from providing advance
information to any person (other than an authorized employee of HUD)
concerning funding decisions, or from otherwise giving any applicant an
unfair competitive advantage. Persons who apply for assistance in this
competition should confine their inquiries to the subject areas
permitted under 24 CFR part 4.
NPOs submitting proposals or employees who have ethics-related
questions should contact the HUD Ethics Law Division (202) 708-3815
(TDD/Voice) (this is not a toll-free number). Any HUD employee who has
specific program questions, such as whether particular subject matter
can be discussed with persons outside the Department, should contact
the appropriate Field Office Counsel or Headquarters counsel for the
program to which the question pertains.
Prohibition Against Lobbying Activities
The use of funds awarded under this NOFA is subject to the
disclosure requirements and prohibitions of section 319 of the
Department of Interior and Related Agencies Appropriations Act for
Fiscal Year 1990 (31 U.S.C. 1352) (the ``Byrd Amendment'') and the
implementing regulations at 24 CFR part 87. These authorities prohibit
recipients of Federal contracts, grants, or loans from using
appropriated funds for lobbying the Executive or Legislative Branches
of the Federal Government in connection with specific contract, grant,
or loan. The prohibition also covers the awarding of contracts, grants,
cooperative agreements, or loans unless the recipient has made an
acceptable certification regarding lobbying. Under 24 CFR part 87,
applicants, recipients, and subrecipients of assistance exceeding
$100,000 must certify that no Federal funds have been or will be spent
on lobbying activities in connection with the assistance. IHAs
established by an Indian tribe as a result of the exercise of the
tribe's sovereign power are excluded from coverage of the Byrd
Amendment, but IHAs established under State law are not excluded from
the statute's coverage.
Dated: December 8, 1997.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
Appendix A
Request for Proposals (RFP) and Program Guidelines for Establishing a
Fair Housing Services Center (FHSC) in East Texas
This is a request for proposals to establish an FHSC in East Texas
to be administered by a nonprofit organization (``NPO'') as required by
the Final Judgment and Decree (``Final Judgment'') in Lucille Young v.
Cuomo, CA No. P-80-8-CA (E.D. Tex.; dated March 30, 1995). HUD has been
ordered to provide $500,000 per year for a period of at least five
years to fund an FHSC for East Texas to be located in Beaumont, Texas,
with several branch offices within the 36-county area that constitutes
East Texas, and one mobile office unit to provide services to remote
locations throughout East Texas. The funding will provide for a variety
of services designed to facilitate desegregative moves of class member
applicants for and residents of public housing throughout the seventy
(70) Public Housing Authorities (``PHAs'') located in the 36-county
jurisdiction of the Young Final Judgment. The specific responsibilities
of the FHSC are enumerated in the Scope of Work below, in the Final
Judgment (copy attached), and the original desegregation plans and the
plan amendments approved by the Court. The Final Judgment is the
document that controls the activities of the FHSC. The FHSC is bound by
the terms of the Final Judgment and final desegregation plans (as
determined by the Court).
The U.S. Department of Housing and Urban Development (``HUD'') will
award to and enter into a contract with an NPO. HUD's local Field
Office will monitor the NPO's performance consistent with the
requirements of 24 CFR Section 84.51. The specific monitoring
requirements applicable to the NPO will be addressed in the contract to
be entered into between HUD and the NPO. The term of the contract shall
be for one year, renewable in one year increments, for a cumulative
total of no less than five (5) one year terms. The renewal of the
proposal is contingent upon the FHSC's ability in meeting the
conditions set forth in Section I, ``Scope of Work'' below, and in
complying with the Final Judgment. HUD will provide $500,000 for the
activities of the FHSC for each year of
[[Page 65576]]
operation, and a total of 1,000 Section 8 rental vouchers and/or
certificates (excluding incremental and turnovers) to be used toward
HUD's obligation to provide 5,134 desegregative housing opportunities
to Young class members.
The housing opportunity counseling funds will be provided to the
FHSC through HUD's contract administrator. HUD is required to award
1,000 desegregation vouchers/certificates to PHAs that have
jurisdiction in the areas where the Young class members move. The PHAs
that are awarded these vouchers/certificates are herein called
``receiving PHA(s)''.
Sections of the RFP
I. Scope of Work
A. Background and Objectives
B. Activities of the FHSC
C. Administrative Requirements
D. Monitoring
II. Contents of Proposal
A. Eligible Applicant
B. Description of Activities and Costs
C. Deficient Applications for FHSC
III. Factors for Award
A. Evaluating Rating Factors
B. Certifications
C. Cost Factor
D. Contract Award
E. Approval by HUD and Court Review
I. Scope of Work
A. Background and Objectives
The plaintiffs in Young, African-American residents of public
housing in East Texas, filed this action in 1980, alleging that HUD had
knowingly maintained a system of segregated housing in a 36-county area
of East Texas, in violation of the U.S. Constitution and various civil
rights laws. The plaintiffs contended that there was segregation in
HUD-supported low income Public Housing, Section 8 Existing Housing
Program, and other HUD-assisted multifamily programs (including HUD-
insured housing). While there are presently 70 individual public
housing authorities (``PHAs'') in the 36-county area, none of the PHAs
are included in the lawsuit as parties.
In 1982, the U.S. District Court for the Eastern District of Texas
(``Court'') certified a class consisting of all African-American
applicants for and residents of HUD-funded public housing, Section 8
housing and other assisted housing programs in the 36-county area.
In 1985, the court issued a liability decision, finding that HUD
had knowingly and continually maintained a system of segregated housing
in the 36-county area. In 1987, while an appeal was pending, HUD and
the plaintiffs reached an agreement to limit the scope of the case and
class of plaintiffs to public housing in the 36-county area. The Young
class thus consists of all African-American residents of, or applicants
for, public housing in the 36-county area.
In 1988, the court appointed a special master and issued an interim
injunction, which, among other things, compelled HUD to require each of
the 70 PHAs to implement race-conscious Tenant Selection and Assignment
Plans and to provide all class members a series of notices of
desegregative opportunities in all HUD-assisted housing in East Texas.
After settlement discussions between HUD and the plaintiffs proved
unsuccessful in 1990, the court issued an Order for Further Relief,
dated September 9, 1990, which required, among other things, that HUD
develop desegregation plans or assertions of unitary status for each of
the 70 PHAs. The court ordered HUD, in developing each plan, to provide
for the equalization of conditions between predominantly African-
American projects and the conditions in the projects and neighborhoods
where the majority of white HUD-assisted housing recipients resided.
By June 1991, HUD had submitted desegregation plans or unitary
status assertions for all 70 PHAs to the court for approval. Although
the court did not rule as to the adequacy of the plans and unitary
status assertions at that point, HUD began to implement the
desegregation plans. In October 1993, after further analysis, HUD
withdrew its submission of the plans and assertions after having
determined that they did not fully or adequately address the
requirements of the September 1990 Order.
HUD filed revised plans on February 8, 1994, along with the East
Texas Comprehensive Desegregation Plan (Comprehensive Plan). The
Comprehensive Plan reinstituted the original plans filed in 1990-91,
but amended them to provide for further actions, and replaced all
unitary status assertions with new desegregation plans (asserting that
none of the 70 PHAs had, as of yet, attained unitary status).
The Comprehensive Plan filed in February 1994 called for the
creation of 1,000 desegregative housing opportunities for class members
over a five-year period. In May 1994, after further analysis, HUD
agreed to provide for the creation of 5,134 desegregative opportunities
within seven years. On March 30, 1995, U. S. District Judge William
Wayne Justice issued the Final Judgment, that approved the original
desegregation plans and the plan amendments and required HUD to fund
the FHSC.
B. Activities of the FHSC
1. The FHSC Must Become Familiar With All Relevant HUD Regulations
(e.g., Those Governing Section 8 Assistance, Public Housing, Assisted
Housing, and Fair Housing), the Final Judgment and Applicable
Individual Desegregation Plans
The FHSC shall order and/or approve all issuances by the receiving
PHA of Section 8 rental vouchers or certificates to class members or
others pursuant to the Final Judgment Decree, Sec. II.
2. Outreach to Landlords and Assistance With Exception Rents
The FHSC shall encourage and assist in the development of
desegregative housing opportunities, including outreach to private
landlords in non-minority areas for the purpose of encouraging them to
participate in the Section 8 existing housing program, as well as
counseling and referral services to Section 8 existing housing tenants
and applicants who wish to utilize their Section 8 rental vouchers or
certificates in a manner furthering desegregation pursuant to para.
IV.5.d. of the Final Judgment.
The FHSC, along with the PHAs, shall monitor rents in desegregative
housing opportunity areas every six months to determine whether such
rents are adversely affecting housing opportunities. If so, the FHSC
shall take such steps as are necessary to overcome this adverse affect,
including requesting that HUD consider granting exception rents for
certificates or payment standards for vouchers, pursuant to the Court's
1990 Order for Further Relief, if such exception rents or payment
standards would increase the availability of desegregative housing
opportunities for class members.
Landlord Outreach Activities include, but are not limited to:
a. Identify potential landlords and market the program to them;
make special efforts to obtain the participation of owners and managers
who control a large number of units, and especially, of owners and
managers of units with three or more bedrooms;
b. Maintain a data base of available housing in desegregative
areas;
c. Carry on outreach using a variety of methods including
recruitment in person, by telephone, in writing, at meetings of
landlord associations, by special brochures, and by other economically
feasible means;
d. Seek out landlords with a prior reputation for community
involvement and civic commitment, especially those on the boards of
civil rights or fair housing organizations;
[[Page 65577]]
e. Join property management associations and attend seminars on
property management issues (especially where information about Section
8 opportunities for owners is discussed); solicit opportunities to make
presentations at property owner and manager meetings about the needs of
Section 8 families and the opportunities presented by the program; and
f. Network through personal contacts with established owners and
real estate organizations in the multifamily sector, to uncover
potential vacancies and to update listings of units in new or existing
developments.
3. Eligibility Review Services
The FHSC shall review all clients of the FHSC who have not already
undergone a determination of eligibility by the receiving PHA, to
document each client's ability and willingness to comply with an
acceptable lease and HUD program requirements pursuant to para. IV.5.a.
of the Final Judgment.
The FHSC shall determine the eligibility of families consistent
with HUD's regulatory requirements pertaining to income, family
composition, citizenship and eligible immigration status. Families who
have members who have engaged in certain activities that are grounds
for denying Section 8 assistance under the regulations, including drug-
related and violent criminal activity, will not be offered a Section 8
rental voucher or certificate.
4. Counseling Services and Other Social Services Support
Pursuant to para. IV.5.b. of the Final Judgment, the FHSC shall
provide counseling services designed to provide information and
counseling with respect to class members including the following:
a. Initial Stage of Counseling. The FHSC will provide an initial
counseling session to groups of class members. At the initial session,
the FHSC will provide essential general information, for example:
(1) Explain the terminology of the Section 8 programs;
(2) Explain the program requirements pertinent to Section 8 rental
vouchers and certificates;
(3) Inform families of the counseling services that will be
available.
(4) Meet with families to help them assess their needs and solve
problems in areas such as credit and housekeeping; and
(5) Provide training to families to enhance their housing search
skills and ability to present themselves to landlords.
b. Second-stage Counseling (Motivational Support). From the first
contact with the family, the FHSC will need to help families maintain a
consistent and high level of enthusiasm and commitment to the program.
For many families, the possibility of living in a new environment will
be sufficient to energize their activities and strengthen their
resolve. However, other families may be more timid about learning new
skills (like finding available units and dealing with prospective
landlords) or looking for units in unfamiliar locations. Keys to
maintaining a family's motivation to succeed include:
(1) Provide detailed information to individual families about
housing options in desegregative areas;
(2) Conduct individual sessions with each family about communities
of interest to the family, including educational opportunities,
housing, employment information, and transportation information;
(3) Refer each family to at least three vacancies in desegregative
areas in neighborhoods selected by the family;
(4) Assist families in their housing search, as needed, including
providing escorts and transportation to unfamiliar neighborhoods, and
arranging day care for children;
(5) Assist in lease negotiation and assist the prospective landlord
in obtaining lease approval from the local housing agency;
(6) Provide referrals to organizations that may provide assistance
with security deposits, moving costs, and the like;
(7) Provide assistance in passing landlord screening requirements.
The FHSC may also assist families by providing credit and tenant
screening reports to landlords;
(8) Address fears directly and discuss them thoroughly; and
(9) Assure the family that it has the continuing and active support
not only of the FHSC, but also of an array of service providers
available to solve particular problems.
c. Post-placement services. The FHSC will:
(1) Contact the family at move-in, again 30 days thereafter, and
again three months after that, to assist in transition and inform the
family about the availability of post-placement services.
(2) Inform the family about the Section 8 self-sufficiency program.
(3) Mediate disputes between the family and the landlords and
between the family and the neighborhood, if and when they arise, and
counsel families in resolving such disputes themselves.
(4) Facilitate support networks among families moving to nearby
areas, to the extent families express a desire for such networks.
(5) Provide information about educational and employment
opportunities; parenting skills classes, general equivalency diploma
(GED) classes, and other such services.
5. Class Members Who Receive a Desegregative Voucher/Certificate
Under the Final Judgment and Decree, HUD will provide to class
members 5,134 desegregative housing opportunities, over a seven-year
period. The actual placement of a total of 40 class members in Alba
(1), Corrigan (2), Fruitvale (2), Kirbyville (8), Mount Pleasant (22),
Talco (2), and Trinidad (3) is also required under the Final Judgment.
Two hundred (200) desegregative vouchers/certificates will be provided
in the first year of the FHSC's operation, and 200 per year thereafter
for the following four years. The class members who receive one of the
desegregative vouchers/certificates will be required to use their
vouchers/certificates in rental housing that constitutes a
desegregative opportunity as defined in the Final Judgment. The FHSC
will provide to the class members who receive a desegregative voucher/
certificate counseling services and other forms of assistance, as
necessary, to aid them in locating desegregative housing.
Pursuant to para. IV.5.g. of the Final Judgment and Decree, FHSC
will give each class member written notice, every six months, in a form
and distribution method to be approved by HUD, of all HUD-assisted and/
or HUD-subsidized low-income housing developments in the housing
markets where the class member resides that offer the class members a
desegregative housing opportunity, provide notice of the full address,
telephone number, and name of the person responsible for accepting
applications for the development, a short description of the type of
housing offered by the development, and the general eligibility
requirements for the development. The FHSC will include in the Notice
to class members, information about the mobility program, and the
opportunities available through it.
a. PHA Responsibilities. The receiving PHAs will be awarded 1,000
desegregation certificates and vouchers to be used toward HUD's
obligation to provide 5,134 desegregative housing opportunities to
Young class members; conduct the intake and initial eligibility
determination of applicants; and conduct any required Housing Quality
Standards (``HQS'') inspections of units.
[[Page 65578]]
The 1,000 desegregative vouchers/certificates are for the exclusive use
of class members. Certificates or vouchers obtained by receiving PHAs
from other East Texas Section 8 programs through turnover, recapture,
or otherwise, may be provided to non-class members when required by HUD
under subparagraph c below.
b. Award and Turn-in of Desegregative Certificates. Class members
who initially receive a desegregative voucher/certificate will have 120
days within which to enter into a lease for a unit of desegregative
housing as defined, or, if the FHSC has failed to offer a unit within
that time, until a desegregative offer is in fact received. At the
expiration of 120 days, if an offer and if a lease has not been
entered, the applicant has the option of continuing to search for
housing with no restrictions as to locations for an additional sixty
days. At the end of the sixty day period, the voucher/certificate would
revert to the receiving PHA (unless it grants an extension). (HUD
Headquarters will grant the necessary waivers to allow the receiving
PHA to grant an extension beyond the 120 day maximum currently allowed
under HUD's regulations.) Should the class member locate in a minority
neighborhood, this will not count toward HUD'S obligation to create
5,134 desegregative housing opportunities.
c. Special Procedures for Affirmative Action Waiting List
Initiatives. HUD shall provide to the FHSC the name and address of
every class member applicant who is to be offered a certificate and
counseling as an alternative to public housing when a PHA uses an
affirmative action waiting list procedure that has been approved by the
Court to offer the unit that would otherwise have been offered to the
class member, to a white applicant whose name is listed lower on the
waiting list. Paragraph III of the Final Judgment is to be followed
when implementing the Affirmative Action Waiting List initiatives. When
a class member is offered a certificate or voucher under these
circumstances:
(1) The class member is to be made an offer of alternative housing
within 60 days of the date on which the public housing unit that is to
be offered to a white applicant is available for assignment.
(2) The class member must be provided the Section 8 rental voucher
or certificate and an offer of a unit must be made within 120 days from
issuance of the certificate to the class member that meets the
requirements of Sec. II.7 of the Final Judgment and must notify HUD
within one day if the applicant accepts the offer;
(3) If the class member rejects the offer of alternative housing,
the FHSC must notify HUD within one day of the rejection, state the
reason(s) for the rejection, and provide information as to the location
of the rejected unit and evidence of its availability.
(4) If, after 120 days, an alternative housing opportunity has not
been found for the class member, the class member may opt to hold the
certificate for up to sixty additional days and to search for housing
on her or his own without restriction as to location. (HUD Headquarters
will grant the necessary waivers to allow the receiving PHA to grant an
extension beyond the 120-day maximum currently allowed under HUD's
regulations.)
HUD will provide the FHSC with the name and address of every non-
class member who is to receive a Section 8 rental voucher or
certificate as a result of the implementation of the Affirmative Action
Waiting List. The FHSC must instruct the receiving PHA to issue a
Section 8 rental voucher or certificate to the non-class member
applicant who held the highest position on the waiting list and who
would otherwise have been offered an available public housing unit but
for the advancement of a class member to the head of the waiting list
for that unit under the Affirmative Action Waiting List.
d. Priority of Offers. The FHSC will offer the desegregative
certificates to class members according to the following priority:
(1) To class members residing in predominantly African American
low-rent public housing projects;
(2) To class members who are on a waiting list for low-rent public
housing as of March 30, 1995;
(3) To class members who apply for low-rent public housing
subsequent to the date of March 30, 1995.
6. The FHSC Shall Encourage and Assist Class Members To Make
Desegregative Moves Within the Low Income Housing Program and to
Privately Owned Assisted Housing Programs Pursuant to para. IV.5.e. of
the Final Judgment
The FHSC shall develop and implement a plan to refer class members,
with or without the use of Section 8 rental vouchers or certificates,
to privately owned, HUD-assisted, or FmHA housing located in areas
which provide a desegregative housing opportunity. FHSC shall conduct
outreach to the landlords and/or owners of all such HUD-assisted, or
FmHA private housing providers located in areas which provide a
desegregative opportunity and other Section 8 existing agencies, to
encourage participation in the FHSC-developed referral plan. FHSC shall
monitor the performance of other Section 8 existing agencies in the 36-
county area in this regard, and shall also develop a system to record
all offers of and/or placements of class-members in desegregative
housing by other Section 8 agencies in East Texas.
7. Information
The FHSC shall designate specific personnel to respond to requests
for information and requests for assistance from class members desiring
to obtain a desegregative housing opportunity as defined in the Final
Judgment. The assistance to be provided shall include referrals of
interested class members to public housing developments, and to
programs other than low income public housing, that offer desegregative
housing opportunities in East Texas.
8. Quarterly Status and Annual Performance Report
The FHSC shall provide quarterly status reports on significant
activities taken under the requirements of the Final Judgment and
Decree. HUD will file each report with the court and serve it on
plaintiffs' counsel within thirty days of the end of the quarter
covered in the report.
The FHSC shall submit an annual report on their performance of
their obligations under the Final Judgment and Decree to the
plaintiffs, with a copy to go to the Court by April 30th of each year.
9. HUD's Right To Request Information
The FHSC will collect and maintain the data necessary to monitor
the program toward providing desegregative opportunities. This would
include: (a) the number of class members seeking desegregated housing
opportunities; (b) evidence of each family (class member) having been
referred to at least three vacancies in desegregative areas in
neighborhoods selected by the family; (c) the number of class members
actually leasing units in non-impacted neighborhoods; (d) the number
and name of housing providers recruited into the program; and (e) the
number of class members assisted and number of hours staff members
devoted to assisting families, and similar data as HUD may require. The
FHSC will comply with any informational requests from HUD that HUD, in
its discretion, makes from time to time during the course of the
program.
C. Administrative Requirements
The FHSC shall be required to adhere to the following three
administrative
[[Page 65579]]
requirements in performing work under this award:
1. Submission of quarterly progress reports detailing progress made
in fulfilling the tasks and sub-tasks in the approved Project
Management Plan;
2. Distribution of an Evaluation Questionnaire to all persons,
organizations, agencies, or other entities receiving services,
participating, or otherwise involved in this project and submission of
a ``Customer Satisfaction Report'' semi-annually; and
3. Preparation of a final report in a format suitable for
information transfer, exchange and dissemination to other PHA's
communities, or other entities interested in providing such services.
The final report should detail the case study of East Texas
Desegregation Counseling Project and provide insights and
recommendations for others who may wish to develop similar programs.
D. Monitoring
The FHSC shall monitor the compliance of the providers of low-
income housing in the class action area (low-income public housing and
assisted housing) with the fair housing laws and the requirements
placed upon the providers under the comprehensive plan and the
individual desegregation plans pursuant to para. IV.5.c. of the Final
Judgment. The FHSC shall coordinate all monitoring activities with HUD.
II. Contents of Application
A. Eligible Applicant
1. The application must be submitted by an NPO and must include all
information requested in this section. Any application submitted after
the due date or that does not contain the required information may be
rejected. The NPO must submit documentation as a part of the
application that verifies the 501(c)(3) and/or 501(c)(4) (IRS Code)
status of the NPO and its legal authority to operate throughout the
East Texas area.
2. Corporate documents. The NPO shall provide a copy of its
Articles of Incorporation.
B. Description of Activities and Costs
It is to an NPO's advantage if it describes its experiences, if
any, as requested in this section. In the case of an NPO that intends
to use one or more subcontractors, the NPO must also submit the
qualifications of the subcontractors and a description of the work to
be performed by the subcontractors. In the case of a newly formed NPO,
the NPO may substitute a description of experience and knowledge of its
principal officers and employees where a description of its own
experience is requested below.
1. Description of Experience
The NPO must submit a narrative description of its experience in
assisting lower-income families and/or African-Americans or other
minorities in the search for housing. The NPO should describe its
working knowledge of HUD's Section 8 programs, as well as its public
housing and assisted housing programs. The NPO should include a list of
its projects over the last two years that are relevant to this
procurement action. HUD reserves the right to request information from
any source so named.
2. Knowledge of Fair Housing and Mobility Experience
The NPO must submit a narrative description of its knowledge of,
and experience in assisting African-Americans with fair housing as well
as monitoring providers for violations of the fair housing laws. The
narrative should specifically address the NPO's knowledge of the rental
market in racially non-impacted areas and the barriers that limit
access to that housing by lower-income minority persons. The NPO shall
also describe its experience with mobility activities.
3. Description of Organizational Capacity
The NPO must submit a narrative description of its capability and
capacity to handle a project of this scope. The narrative is to include
a list of current federally funded activities. The NPO should provide
an organizational chart of key personnel to be involved in each
activity under the agreement, and the percentage of time that they will
devote to each activity. The NPO should include resumes, references, or
other documents that show that key personnel have experience in the
tasks described in the ``Scope of Work'', the Final Judgment and
Decree, and applicable individual desegregation plans. If the NPO plans
to utilize subcontractors, consultants or other agents, it should
provide the same information with respect to them.
4. Management Plan (Includes Proposed Costs)
A management plan as described below, particularly as the plan
pertains to the evaluation rating factors set out in Section III. A. of
this RFP, shall be submitted as part of each NPO's proposal. A detailed
narrative of a management plan to carry out the programs as outlined in
the Final Judgment and Decree and this RFP will be delivered to the
HUD's local Field Office within 15 days after the contract is awarded.
The Plan will include:
1. Detailed and sequential list of tasks (and sub-tasks, if
appropriate), by quarter, necessary to accomplish the work specified in
the NOFA;
2. The methodology to be used in accomplishing each task and sub-
task;
3. A list of the staff or subcontractors, consultants or other
agents who will perform each task/subtask, including their hourly rates
and the number of hours per individual to be charged to each task/
subtask;
4. Other direct costs (e.g., travel, etc.) for each task/subtask;
5. Indirect costs (e.g., projected site and rental cost of office
space and mobile unit, if applicable, telephone, postage, printing,
etc.) for each task/subtask;
6. Any other costs (general and administrative overhead) to be
charged and the method for allocating such costs;
7. Internal financial management and oversight procedures and
policies;
8. When each task/sub-task and establishment of financial oversight
procedures will be accomplished;
9. Staff and organization (including an organizational flow-chart);
and (10) the support that is expected to be required from HUD and its
contract administrator.
The costs may be more detailed than is specified above, but may not
be less detailed. In reviewing the proposals, HUD shall consider the
breakdown of the work, the list of tasks, and the level of effort and
qualifications of staff and subcontractors and other resources as
demonstrations of the NPO's understanding of the work described by the
NOFA. Only costs that are detailed in the proposal will be eligible for
billing and reimbursement. The final management plan will be submitted
by HUD to the Court for approval.
C. Deficient Proposals for FHSC
A proposal will be deemed technically ineligible if:
1. It does not fully adhere to the guidelines established herein,
including budgetary requirements;
2. The complete proposal is not received by the deadline;
3. A comprehensive line item budget is not included;
4. The project budget for costs charged against funds exceeds
$500,000; or
5. Unsigned proposal or certification forms are submitted.
6. The proposal does not include letters of commitment from the
subcontractors.
[[Page 65580]]
III. Factors for Award
A. Evaluating Rating Factors
HUD will use the following criteria to evaluate proposals received
in response to this RFP. In all cases, the number of points stated
represents the maximum. In the actual scoring, any given proposal may
receive less than the maximum for each category, based on an evaluation
of competing proposals.
1. Familiarity with housing mobility counseling and HUD housing
programs (30 points).
a. Demonstrated work experience with fair housing mobility
counseling of lower income and minority families. (10)
b. Demonstrated work experience with HUD's Section 8, public
housing or privately owned assisted housing programs. (10)
c. Demonstrated work experience in coordinating resources and
activities provided by a variety of government, private sector
agencies, and organizations for providing housing and/or fair housing
law enforcement support. (10)
2. Knowledge of fair housing laws and mobility experience. (25
points)
a. Demonstrated record of participation in fair housing activities,
particularly with respect to low income families and racial or ethnic
minorities and monitoring providers of low-income housing for
violations of the fair housing laws. (10)
b. Demonstrated knowledge of and experience in mobility services
for African-American tenants. (10)
c. Experience in rental markets in racially non-impacted areas. (5)
3. Organizational capacity. (20 points)
a. Demonstrated capability and capacity of the non-profit
organization to effectively manage a grant of this scope. (10)
b. Demonstrated capability of the non-profit's key personnel,
including officers, employees, partners, subcontractors, consultants
and other agents to accomplish the work responsibilities of the FHSC.
(10)
4. Quality of Proposal. (25 points)
a. Extent to which the proposal demonstrates an understanding of
the Final Judgment and Decree, the applicable individual desegregation
plans, and this RFP, and the extent to which the proposal proposes a
realistic approach to all the work requirements that meet the
conditions of the Final Judgment and Decree. In rating this factor, HUD
will consider such activities as the proposed number of desegregated
housing opportunities to be created with tenant-based assistance, the
degree of coordination with public housing agencies to expand
desegregated housing opportunities in each community, the types and
level of effort to provide tenant counseling and outreach to owners,
and the expected number of families to be counseled and placed in a
unit that is not located in an area of minority concentration. (15)
b. Completeness and acceptability of the overall proposal and
specific methods, procedures and steps as outlined in the Management
Plan. In rating this factor, HUD will consider such factors as the
adequacy of the staffing and other resources devoted to completing the
tasks outlined in this NOFA, direct and indirect costs for the various
subtasks, and methods for completing the tasks outlined in the NOFA.
(10)
B. Certifications
Each proposal must contain an original and five copies of the
certifications identified below. Each certification must be signed by
the Chief Executive Officer of the applicant organization unless
otherwise noted. The Proposal packet referenced at the beginning of the
NOFA contains the certification formats for the Certification Regarding
Drug-Free Workplace Requirements, Certification Regarding Lobbying, and
the Equal Opportunity Certification.
1. Drug-free Workplace Certification. The non-profit organization
must certify that it will provide a drug-free workplace and comply with
the drug-free workplace requirements at 24 CFR part 24, subpart F.
2. Certification regarding Lobbying pursuant to Section 319 of the
Department of the Interior Appropriation Act of 1989, generally
prohibiting use of appropriated funds for lobbying.
3. Certification of no outstanding violations of: Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d) and regulations pursuant
thereto (24 CFR part 1); the Fair Housing Act (42 U.S.C. 3601-19);
Executive Order 11063, as amended by Executive Order 12892 and HUD
regulations (24 CFR part 107); Section 504 of the Rehabilitation Act of
1973 (29 U.S.C. 794) and regulations issued pursuant thereto (24 CFR
part 8); Title II of the Americans with Disabilities Act of 1990 (and
applicable regulations at 28 CFR Part 36); the Age Discrimination Act
of 1975 (42 U.S.C. 6101-07) and regulations issued pursuant thereto (24
CFR part 146); Executive Order 11246 and all regulations issued
pursuant thereto (41 CFR Chapter 60-1); Section 3 of the Housing and
Urban Development Act of 1968 (12 U.S.C. 1701U) and regulations
pursuant thereto (24 CFR part 135).
4. Conflicts of Interest. The non-profit organization shall provide
a statement which describes all relevant facts concerning any past,
present or currently planned interest (financial, contractual,
organizational, or otherwise) relating to the work to be performed
which could present a possible conflict of interest with respect to:
(a) Being able to render impartial, technically sound, and objective
assistance or advice; or (b) being given an unfair competitive
advantage. The non-profit organization shall describe its current and
past relationship with HUD as it relates to a possible conflict of
interest in carrying out the counseling program.
Such conflict could arise when any employee, officer or agent of
the PHA, HUD or plaintiffs' counsel; any member of his or her immediate
family, his or her partner, or organization which employs or is about
to employ any of the above has a financial or other interest in the NPO
that is selected.
C. Cost Factor
Cost will become relevant in the case of a tie score in the
technical part of the evaluation, as stated under ``Contract Award''
below. It is the goal of the Final Judgment to provide high quality
services that will contribute substantially to the desegregation of all
federally assisted housing in East Texas. It is expected that the costs
of each task and sub-task will be addressed in the proposal, including
the costs for sub-contractors, etc. HUD reserves the right to reject
any proposal that does not adequately reflect costs.
D. Contract Award
In the event that the proposals are not sufficiently complete to
award the contract, HUD may request additional information from the
highest scoring applicants in order to make a final decision. The
additional information will be considered by HUD in establishing the
final score for each NPO. Award will be made to the NPO whose proposal
has the highest score. In the event two or more offerors have tied
scores, cost efficiency--i.e., the extent to which the NPO has a plan
that will accomplish the most desegregative placements of all kinds
within the established financial parameters--will be the determining
factor.
E. Approval by HUD and Court Review
Notwithstanding the foregoing, a contract shall not be entered into
for the FHSC without the express written approval by HUD of the entity
and
[[Page 65581]]
application selected, and of the contract with such entity. The initial
and any subsequent HUD decisions to enter into a contract with an NPO
and the initial and any subsequent HUD approvals of the proposal
selected and of the contract with the NPO are subject to judicial
review by motion of the plaintiffs under ] IV.6. of the Final Judgment
and Decree.
In the United States District Court for the Eastern District of
Texas Paris Division Lucille Young, et al., Plaintiffs, v. Henry G.
Cisneros, et al., Defendants. [P-80-8-CA, Final Judgment]
Final Judgment and Decree
In 1985, defendants in the above-entitled and numbered civil action
were found liable for knowingly and continually maintaining a system of
segregated housing in a thirty-six county area of East Texas in
violation of the constitutional and civil rights of a class of African-
Americans. Young v. Pierce, 628 F. Supp. 1037 (E.D. Tex. 1985). An
interim injunction issued in this action in 1988. Young v. Pierce, 685
F. Supp. 986 (E.D. Tex. 1985). Such interim injunction was amended by
order of this court in 1990. Order for Further Relief, September 10,
1990. After extensive briefing by the parties and a hearing on the
plaintiffs' motion for final remedy, it is Ordered, Adjudged, and
Decreed that the Honorable Henry G. Cisneros, as Secretary of the
Department of Housing and Urban Development (``HUD''), his officers,
agents, servants, employees, successors, and all persons in active
concert or participation with them shall be, and are hereby,
Permanently Enjoined, either directly, or through contractual or other
arrangements, to take the actions necessary to effectuate the relief
decreed by the provisions of this Final Judgment and Decree, as
follows:
1. The individual desegregation plans and the individual
desegregation plan amendments for each Public Housing Authority
(``PHA'') submitted by the Department of Housing and Urban Development
(``HUD'') are hereby approved, subject to the modifications contained
in this judgment and decree. As used herein, ``individual desegregation
plan'' or ``desegregation plan'' includes both the original, individual
desegregation plan filed by HUD for a particular PHA and the individual
plan amendment filed by HUD for that PHA. Within ninety days from the
issuance of this judgment and decree HUD shall re-file the individual
desegregation plans, which shall fully incorporate the amendments to
such plans, in order that a fully integrated plan for each PHA will be
on file.
2. The desegregation plans shall be implemented and interpreted in
a manner consistent with the applicable provisions of HUD's East Texas
Comprehensive Desegregation Plan (``Comprehensive Plan'') and with the
provisions of this judgment and decree. HUD shall discharge all duties
imposed upon HUD by the terms of the Comprehensive Plan and by the
provisions of this judgment and decree. In the event of any
inconsistency or conflict between the provisions of this judgment and
decree and the provisions of either the Comprehensive Plan or the
desegregation plans, the provisions of this judgment and decree shall
be controlling.
3. All orders, including the interim injunction previously issued
in this action, shall be in full force until HUD attains unitary
status, as defined in this judgment and decree, and judicial
supervision ends in accordance with this judgment and decree. All
previous orders entered in this action shall be interpreted in a manner
consistent with this judgment and decree. In the event of any
inconsistency or conflict between the provisions of this judgment and
decree and the provisions of any earlier order, the provisions of this
judgment and decree shall be controlling.
4. All provisions of this judgment and decree shall require, or be
construed as requiring, compliance with federal statutes as they now
exist, or as they may be amended or enacted.
I. Physical Improvement to Projects and Neighborhoods
1. Financial assistance for physical improvements specified in the
desegregation plans shall be provided by HUD or, in the case of
neighborhood improvements receiving financial assistance under the
Community Development Block Grant Small Cities Program (``CDBG Small
Cities Program''), by the State of Texas, within seven years of the
date of this judgment and decree. The review and approval process for
applications for financial assistance shall be conducted in accordance
with all applicable laws and regulations, including the rules governing
competitive programs, where appropriate.
2. Each such physical improvement shall be completed as soon as is
feasible and practicable after approval and funding and, in no event,
shall the time period for the completion of any such physical
improvement exceed a period of three years from the date upon which the
application is approved and funded. With respect to neighborhood
improvements being carried out by a municipal government with financial
assistance under the Community Development Block Grant Program (``CDBG
program''), it shall be the responsibility of HUD to take all
appropriate actions within HUD's control to obtain completion of those
neighborhood improvements within the time periods specified herein.
3. If any municipal government fails to take an action necessary to
complete the neighborhood improvements specified in the PHA's
desegregation plan, HUD shall take appropriate action in accordance
with the regulations governing the CDBG program. These actions may
include (i) enforcement mechanisms available to HUD under its
obligation affirmatively to further fair housing and (ii) causing the
PHA to institute against the municipal government enforcement based on
the municipality's violation of the cooperation agreement between the
PHA and the municipality.
4. If any PHA fails to take an action necessary to complete the
physical improvements specified in the PHA's desegregation plan, HUD
shall take appropriate enforcement action against the PHA. These
actions may include one or more of the actions described in the
Comprehensive Plan at p. 20 for dealing with the failure of a PHA to
follow its desegregation plan.
5. Where HUD has required improvement of neighborhood conditions as
part of the desegregation remedy for a PHA, HUD shall cause that PHA
and the responsible municipality to enter into a memorandum of
understanding under which the municipality agrees to carry out the
required neighborhood improvements. Each such memorandum of
understanding shall identify the neighborhood conditions to be
corrected or upgraded and describe the work to be done in carrying out
such correction or upgrading. If such work requires funding under the
CDBG Program, the memorandum of understanding shall also contain a
preliminary cost estimate for the required work. All such memoranda of
understanding shall be entered into by the PHAs and their respective
municipalities no later than July 1, 1995. All such memoranda of
understanding shall be submitted for the approval of the court. Upon
approval by the court, the memorandum of understanding between a PHA
and a municipality shall define the full extent of the obligation to
correct or upgrade neighborhood conditions in that PHA and in that
municipality.
6. In approving applications for the funding of physical
improvements, or the provision of amenities, to low-rent public housing
projects in the class
[[Page 65582]]
action area, HUD shall, to the extent consistent with applicable
statutory and regulatory requirements, give priority to the funding of
applications for making such improvements, or providing such
improvements, to racially identifiable African-American projects, i.e.,
low-rent public housing projects in which seventy-five percent (75%) or
more of the residents are African-Americans.
7. The amended individual desegregation plans require, and the
comprehensive plan contemplates, certain physical improvements which
include, inter alia, the provision of air conditioning equipment,
laundry facilities, community centers, and playgrounds. Plaintiffs
additionally seek the provision of carpeting, dishwashers, a utility
allowance to account for the reasonable use of air conditioning, and
garbage disposals in predominately and historically African-American
projects. Moreover, plaintiffs identify other conditions present at
predominately and historically African-American projects that are not
present at the historically and predominantly white projects, including
inadequate security and maintenance.
HUD shall satisfy the obligations of the individual desegregation
plans as they pertain to amenities and services. In addition to those
amenities and services required by the individual desegregation plans,
HUD shall provide the amenities and services available in any of the
historically and predominantly white projects at the historically and
predominately African-American projects of like or similar kind within
the PHA. The amenities and services required at the non-elderly family
units at historically and predominately African-American projects in a
given PHA are to be determined by evaluating the historically and
predominately white non-elderly family units within the same PHA. For
example, HUD must ensure that the historically and predominately
African-American non-elderly family units include carpeting if a
historically and predominately white non-elderly family unit includes
carpeting. Moreover, both projects shall be staffed with maintenance
personnel in equal numbers or such numbers as necessary to maintain the
premises in substantially similar condition.
II. Creation of Desegregated Housing Opportunities
1. Within seven years from the date of this judgment and decree,
HUD shall create a total of 5,134 desegregated housing opportunities
for elderly and non-elderly class members in non-minority census blocks
in the class action area. Desegregated housing opportunities shall be
offered, first, to class members residing in predominately African-
American low-rent public housing projects, second, to class members who
are on a waiting list for low-rent public housing as of the date of
this judgment and decree, and, third, to class members who apply for
low-rent public housing subsequent to the date of this judgment and
decree.
2.a. The term ``non-minority census block'' is defined in
accordance with the ``\1/4\ mile radius'' methodology described in the
report of the East Texas Demographic and Mapping Analysis conducted by
George Galster of the Urban Institute under a contract with HUD
(Defendants' Exhibit 116). A given census block shall be regarded as a
non-minority census block, if the area consisting of the given census
block, plus all census blocks within the PHA jurisdiction whose
centroids lie within a \1/4\ mile radius of the centroid of the given
census block (i) has a percentage of white population of more than
eighty percent (80%), or (ii) has a percentage of white population
greater than 100%, minus the PHA jurisdiction's overall percentage of
African-American population. b. Notwithstanding subsection II.2.a., a
census block will not be regarded as a non-minority census block, if
(i) more than fifty percent (50%) of the African-Americans living in
the area described by the \1/4\ mile radius methodology are
concentrated in individual census blocks with more than eighty percent
(80%) African-American population, or (ii) the population of the area
described by the \1/4\ mile methodology is more than forty percent
(40%) African-American or (iii) geographic, demographic, or social
factors, including proximity to racially impacted areas or isolation
from population centers or community services, indicate that the census
block should be regarded to be in a racially impacted area.
3. To the maximum extent feasible and practicable, HUD shall,
through the use of tenant-based housing assistance, create within each
PHA jurisdiction, the number and type (elderly and non-elderly) of
desegregated housing opportunities which HUD has determined to be
needed within each particular PHA jurisdiction, as indicated in
Defendants' Hearing Exhibit No. 119, Table 1.
4. If the number of desegregated housing opportunities needed
within a particular PHA cannot be created through the use of tenant-
based housing assistance, that PHA's unmet need shall be satisfied by
offering class members residing within that particular PHA a
desegregative housing opportunity located in an adjacent jurisdiction.
Such adjacent jurisdiction can be no more than thirty-five miles from
the PHA and must be accessible from the PHA by adequate and feasible
highway links and public transportation.
5. If the number of desegregated housing opportunities needed
within a particular PHA cannot be created through the use of tenant-
based housing assistance, either within the PHA jurisdiction or an
adjacent jurisdiction, the HUD shall, to the maximum extent feasible
and practicable, and consistent with all statutory and regulatory
requirements, satisfy that PHAs unmet need for desegregated housing
opportunities through the use of project-based Section 8 existing
housing certificates and vouchers.
6. If the number of desegregated housing opportunities needed
within a particular PHA cannot be created through the use of either
tenant-based or project-based Section 8 housing assistance, then that
PHA's unmet need shall be satisfied through the creation of
desegregative housing opportunities anywhere within the class action
area.
7. HUD shall be given credit for the creation of a desegregated
housing opportunity if:
a. A class member has been provided by HUD with a desegregative
housing voucher or housing certificate. A desegregative housing voucher
or housing certificate is a Section 8 existing housing certificate or
housing voucher, limited for the first 120 days to use in non-minority
census blocks.
b. The class member is offered mobility counseling to assist the
class member to locate an appropriate housing unit.
c. The class member has been referred by the mobility counseling
service to a landlord who is willing to accept the class member's
certificate or voucher for the rental of a housing unit.
d. The housing unit offered by the willing landlord is located in a
non-minority census block.
e. The unit offered by the willing landlord meets the applicable
Section 8 existing housing quality standards in 24 CFR Sec. 882.109,
and contains an appropriate number of bedrooms for the particular
applicant's family size and composition.
f. The unit offered by the willing landlord is located outside an
area where a reasonable African-American would perceive significant
racial hostility.
g. There must be no legitimate basis for the class member to refuse
the offered unit. Legitimate reasons to
[[Page 65583]]
refuse an offer are limited to remoteness to jobs or day care and lack
of adequate and feasible transportation. The burden is on the applicant
to demonstrate that the proffered reason is legitimate. The special
master, or some designated representative of the special master, shall
make the initial determination as to whether the applicant has carried
his or her burden in this regard.
8. HUD shall also receive credit for the creation of a desegregated
housing opportunity, whenever a class member who has been provided with
a desegregative housing certificate or housing voucher accepts an offer
of a housing unit located in any non-minority census block in the class
action area, or in any other non-minority area, but the unit was not
obtained through a referral from the housing mobility service.
9. HUD shall receive credit for the creation of a desegregated
housing opportunity, if a class member is referred by the mobility
counseling service to a landlord willing to rent the class member, with
or without the use of a Section 8 housing certificate or voucher, a
suitable housing unit in a privately owned, HUD-assisted and/or HUD-
subsidized housing development, or in a housing development assisted or
subsidized by the Farmers Home Administration, provided that the
offered housing unit meets the location requirements set forth in
Paragraph II.7.d., above, and provided that the African-American
occupancy of the project in which the unit is located does not exceed
fifty percent (50%).
10. HUD shall also receive credit for the creation of a
desegregated housing opportunity whenever a class member, with or
without the use of Section 8 housing certificate or voucher, accepts an
offer of a housing unit in a privately owned, HUD-assisted and/or HUD-
subsidized housing development, or in a housing development assisted or
subsidized by the Farmers Home Administration, where (i) the housing
unit is located in any non-minority census block in the class action
area, or in any other non-minority area, (ii) the African-American
occupancy of the project in which the unit is located does not exceed
fifty percent (50%) and (iii) the unit was not obtained through a
referral from the housing mobility service.
11. The mobility services referred to above shall be provided by
the Fair Housing Services Center, a private, non-profit organization to
be established and funded by HUD for a five-year period, as set forth
below.
12. The Fair Housing Services Center shall administer the
desegregative Section 8 housing vouchers and certificates under
contract with one or more PHAs.
III. Elimination or Reduction of Racially Identifiable Low-Rent Public
Housing Projects
1. If the individual desegregation plan for a particular PHA does
not require the use of any of the Waiting List Initiatives, that
specific PHA shall continue to use a race-conscious tenant selection
assignment plan in conformity with the requirements of Paragraph 2 of
the Interim Injunction entered in this action on March 3, 1988.
2. Any particular Waiting List Initiative specified in an
individual desegregation plan shall be fully implemented by the PHA
within six months of the date of this judgment and decree. Any PHA that
is required to implement a Waiting List Initiative shall also continue
to use a race-conscious tenant selection assignment plan in conformity
with the requirements of Paragraph 2 of the Interim Injunction entered
in this action on March 3, 1988. HUD shall provide any and all
assistance to the PHA necessary to implement the Waiting List
Initiative, such as the drafting of detailed instructions to guide the
PHA in the implementation of the Waiting List Initiative, and the
preparation of interagency agreements required for the Cross-Listing
Initiative, the Merged Waiting List Initiative, the Area-Wide Waiting
List Initiative and the Housing Opportunities Waiting List Initiative.
3. If any Waiting List Initiative, such as the Affirmative Action
Waiting List Initiative, employs race-conscious practices for the
selection of tenants for assignment to a low-rent public housing
project, an offer of alternative housing shall be made to any class
member who would otherwise have been offered a unit in the project but
for the need to achieve a desired racial balance in the project within
sixty days of the date on which the public housing unit in question
became available for assignment.
a. Such an offer of alternative housing shall be made to a class
member if (i) the class member has applied for low-rent public housing
with the PHA operating the project; (ii) the class member meets all
applicable eligibility and screening requirements for admission to
public housing operated by the PHA; and (iii) and the class member
would otherwise have been offered an available unit in the project but
for the advancement of a non-class member applicant to the head of the
waiting list for that unit under the terms of the Waiting List
Initiative, i.e., the class member held the highest position on the
waiting list above the non-class member applicant whose position on the
waiting list was advanced under the terms of the Waiting List
Initiative. A non-class member applicant may not be advanced on a
waiting list, unless it has been verified that the non-class member
applicant meets all eligibility requirements and tenant selection
criteria applicable to the low-rent public housing project.
b. In order to satisfy the requirements for an offer of alternative
housing (i) the class member must be provided with a desegregative
Section 8 housing voucher or housing certificate and (ii) all other
requirements for the creation of a desegregated housing opportunity
specified in Paragraph II.7., above, must be satisfied.
c. The public housing unit that otherwise would have been offered
to the class member shall remain vacant pending receipt by the class
member of an offer of alternative housing.
d. If the class member who would otherwise have been offered the
public housing unit rejects an offer of alternative housing HUD shall,
within seven days of such rejection, provide plaintiffs with a written
notice stating the name of the applicant and stating the basis for
HUD's determination that the applicant rejected the offer of a dwelling
unit meeting the requirements for an offer of alternative housing.
e. The plaintiffs shall have seven days from the date of notice
under the preceding subparagraph to submit to HUD, in writing, any
objections plaintiffs may have to HUD's determination. If timely
objections are submitted by the plaintiffs, the public housing unit
shall remain vacant pending a decision by the special master. Except as
provided in Paragraph III.3.b. (referring to Paragraph II.7.g.), above,
in any such proceeding, HUD shall bear the burden of proving that the
applicant has rejected an offer of alternative housing. If no objection
is made, or, upon objection, the special master determines that an
offer of alternative housing was received by the class member who would
otherwise have been offered the public housing unit, the class member
shall be placed on the waiting list in the position occupied by the
non-class member advanced in accordance with the Waiting List
Initiative, and the non-class member applicant advanced under the
Waiting List Initiative shall be assigned to the public housing unit.
Either party dissatisfied with the decision of the special master may
seek review of that decision by this court within seven days of the
special master's decision.
[[Page 65584]]
f. If a class member rejects an offer of alternative housing after
previously receiving an offer of alternative housing and rejecting such
offer, the special master shall determine whether the applicant will
again be placed on the waiting list in the position occupied by the
advanced non-class member applicant or will receive different
consideration in light of the unusual circumstances. Either party
dissatisfied with the decision of the special master may seek review of
that decision by this court, within seven days of the special master's
decision.
g. If no offer of alternative housing is made within sixty days,
HUD shall notify the special master, within seven days, of the
circumstances preventing an offer of alternative housing. The special
master shall investigate the conditions already causing HUD's failure
to make an offer of alternative housing. If the special master
determines that HUD is acting in good faith, the class member shall be
provided a desegregative housing certificate or voucher which may be
used without the geographic restriction described in Paragraph II.7.a.,
above, within the time period described in 24 CFR Sec. 882.209(d). A
finding that HUD acted in bad faith shall be evidence to be considered
in relation to any motion to hold HUD in contempt.
4. HUD shall provide a section 8 existing housing voucher to the
non-class member applicant who would otherwise have been offered an
available public housing unit but for the advancement of a class member
to the head of the waiting list for that unit under the terms of a
Waiting List Initiative, i.e., the non-class member applicant who held
the highest position on the waiting list above the class member
applicant whose position on the waiting list was advanced under the
terms of the Waiting List Initiative.
5. In determining whether to require a PHA to use the Affirmative
Action Waiting List Initiative, or any other race conscious tenant
selection and assignment plan, for a particular low-rent public housing
project, HUD shall not consider the impact of the integration of the
project on the racial composition of the neighborhood surrounding that
project.
IV. Fair Housing Services Center
1. HUD shall establish a Fair Housing Services Center (``FHSC''),
the functions of which must include providing assistance to class
members in locating and obtaining affordable desegregated housing in
areas where they choose and, additionally, providing class members with
fair housing counseling services.
2. The FHSC shall be operated by a private, non-profit
organization. HUD shall provide funding to the FHSC in an amount no
less than $500,000 per year for a period of five years.
3. Within sixty days of the date of the entry of this judgment and
decree, HUD shall serve upon the plaintiffs, and submit for approval of
the court, a proposed Request for Proposals (``RFP''), inviting
private, non-profit organizations to apply for a contract with HUD to
operate the FHSC. The plaintiffs shall have ten days from the date of
service within which to file objections to the proposed RFP. If such
objections are filed, the court shall conduct such proceedings as are
required to resolve the objections.
4. Upon approval of the RFP by the court, HUD shall publish the RFP
in the Commerce Business Daily. Within 120 days of the date of
publication of the RFP, HUD shall make its selection of the
organization to operate the FHSC.
5. The FHSC shall provide the following services:
a. Pre-screen all clients of the FHSC who have not already been
screened by a PHA, to document each client's ability and willingness to
comply with an acceptable lease and HUD program requirements;
b. Provide information and counseling with respect to housing
opportunities to class members;
c. Monitor the compliance of the providers of low-income housing in
the class action area (low-income public housing and assisted housing)
with the fair housing laws and the requirements placed upon the
providers under the Comprehensive Plan and the individual desegregation
plans;
d. Encourage and assist in the development of desegregative housing
opportunities, including outreach to private landlords in non-minority
areas, as well as counseling and referral services to Section 8
existing housing tenants and applicants who wish to utilize their
Section 8 certificates or housing vouchers in a manner furthering
desegregation;
e. Encourage and assist class members to make desegregative moves
within the low-income housing program and to privately owned assisted
housing programs;
f. Administer the desegregative housing certificates and vouchers
to be provided by HUD under contract with one or more PHAs;
g. Give each class member written notice, every six months, in a
form and distribution method to be approved by HUD, of all HUD-assisted
and/or HUD-subsidized low-income housing developments in the housing
markets where the class member resides that offer the class members a
desegregative housing opportunity, provide notice of the full address,
telephone number, and name of the person responsible for accepting
applications for the development, a short description of the type of
housing offered by the development, and the general eligibility
requirements for the development.
6. The plaintiffs may seek review, in this court, of HUD's final
selection of the organization to operate the FHSC. Such review shall be
in accordance with the standards and procedures for judicial review set
forth in the Administrative Procedure Act, 5 U.S.C. Secs. 701, et seq.
V. Racially Hostile Sites
1. HUD shall utilize its statutory and regulatory authority to
proceed against any resident who acts to deprive any other resident of
his or her civil rights under the United States Constitution or
applicable civil rights statutes.
2. HUD shall assist municipal leaders, including, but not limited
to, the city's mayor and its city counsel, in undertaking actions to
address hostility including, but not limited to, supplying trained
security officers to protect the physical safety of African-American
residents when necessary.
3. Within sixty days of issuance of this judgment and decree, HUD
shall determine in which localities class participation is limited
because of racial hostility such that it is unlikely class members will
actually use the existing public housing.
4. HUD shall develop a supplemental desegregation plan for each
site deemed by HUD to be racially hostile. The supplemental plan shall
examine all avenues available to HUD effectively to counterbalance
racial hostility, thereby facilitating class participation and the
implementation of the individual desegregation plans and this judgment
and decree. Such supplemental plan shall be submitted to the special
master for his approval within six months of the designation of a site
as racially hostile.
VI. Unitary Status
1. When HUD and each PHA have satisfied the requirements as
provided for in this judgment and decree and no racially identifiable
low-rent public housing projects exist within the class action
counties, HUD may apply to the court for a declaration of unitary
status because of the elimination of all vestiges of discrimination
attributable to HUD. See Hills v. Gautreaux, 425 U.S. 284, 297 (1976).
A project shall be regarded as non-racially identifiable if less than
[[Page 65585]]
seventy-five percent (75%) of the occupants of the project are members
of the same race.
2. Upon issuance by the court of a declaration of unitary status,
judicial supervision pursuant to this judgment and decree, or any other
order entered in this case, of HUD's activities shall terminate.
3. Ten years after the date of this judgment and decree, if the
court's jurisdiction has not been sooner terminated, the court shall
determine whether its jurisdiction over HUD's actions should be
continued or terminated. The court shall extend its jurisdiction over
HUD if it determines that any of the specific obligations to be
performed under this judgment and decree have not been accomplished
within that time period. If the court extends its jurisdiction for this
reason, its jurisdiction shall end upon fulfillment of those specific
obligations.
[FR Doc. 97-32516 Filed 12-11-97; 8:45 am]
BILLING CODE 4210-33-P
