Fair housing program

A state or local agency may be certified as substantially equivalent after it applies for certification and HUD determines that the agency administers a law that provides substantive rights, procedures, remedies and judicial review provisions that are substantially equivalent to the Fair Housing Act.

Typically, once certified, HUD will refer complaints of housing discrimination that it receives to the state or local agency for investigation. There are two phases in determining whether an agency is substantially equivalent. In the first phase, the Assistant Secretary for Fair Housing and Equal Opportunity determines whether, "on its face," the state or local law provides rights, procedures, remedies and judicial review provisions that are substantially equivalent to the Fair Housing Act.

If so, HUD offers the agency interim certification for up to three years. During the three years of interim certification, the agency builds its capacity to operate as a fully certified substantially equivalent agency. In the second phase, the Assistant Secretary for Fair Housing and Equal Opportunity determines whether, "in operation," the state or local law provides rights, procedures, remedies and the availability of judicial review that are substantially equivalent to the Fair Housing Act.

The program offers comprehensive and detailed instruction programs, useful online web resources, and a toll-free information line for technical guidance and support. The Accessible and Usable Buildings and Facilities standard is a technical standard for the design of facilities that are accessible to persons with disabilities. The IBC is a model building code and not law, but it has been adopted as law by various states and localities.

The program is designed to build coordinated intergovernmental enforcement of fair housing laws and provide incentives for states and localities to assume a greater share of the responsibility for administering fair housing laws. For a state or local law to be certified as "substantially equivalent," the Assistant Secretary for Fair Housing and Equal Opportunity must determine that it provides substantive rights, procedures, remedies, and the availability of judicial review comparable to the federal law.

Individuals with mental health, intellectual, or developmental disabilities deserve equal housing opportunities. Annual Report Did You Know?

Did you Know?