ANDREW M. CUOMO
Governor
RUTHANNE VISNAUSKAS
Commissioner/CEO
Affirmative Fair Housing
Marketing Plan
Guide for Managing Agents, Owners, and
Developers
Last Modified: September 12, 2022
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Table of Contents
Understanding Affirmative Fair Housing Marketing ..................................................................... 3
Overview ......................................................................................................................................... 4
HCR AFHMP GUIDELINES ......................................................................................................... 5
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Understanding Affirmative Fair Housing Marketing
Recipients of federal funds from the U.S. Department of Housing and Urban Development
(HUD) are required to comply with the Fair Housing Act (FHA) and its requirements to
affirmatively further fair housing (AFFH). The purpose of AFFH is to reduce segregation
and encourage integration in housing by promoting fair housing choice regardless of one’s
protected characteristics under federal and New York State fair housing laws. The
Affirmative Fair Housing Marketing Plan (AFHMP) requirement is one part of that effort.
Through its AFHMP, an HCR-funded development indicates what efforts it will undertake to
advertise the development to potential applicants who might not otherwise apply for the
housing. This requires that the managing agent/owner/developer select a primary housing
market area, identify the least likely to apply target populations and design methods to reach
out to these populations.
HCR is committed to providing technical assistance to managing agents, owners, and
developers to help develop, implement and assess their AFHMP. This manual summarizes
AFHMP policy and procedures as required by HCR and provides instructions concerning
how to develop an effective AFHMP.
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Overview
NEW YORK STATE HOMES AND COMMUNITY RENEWAL
AFFIRMATIVE FAIR HOUSING MARKETING PLAN (AFHMP) POLICY
HCR requires that each multifamily development receiving financial assistance carry out a
marketing strategy to attract prospective renters, regardless of race, creed, color, national origin,
sexual orientation, military status, sex, gender identity, age, disability, marital status, or familial
status.
In addition to general marketing efforts, each development must also engage in an affirmative
fair housing marketing program, which provides the opportunity to target specific groups who
may need special outreach in order to be made aware of and apply for the housing. These
affirmative fair housing marketing efforts are meant to target persons identified as least likely to
apply (“LLA”) and make them aware of available affordable housing opportunities.
The creation of an AFHMP can be broken down into the following four (4) areas:
1. Targeting: Identify the racial and ethnic demographic groups within the primary/
secondary housing market area which are least likely to apply for housing without special
outreach efforts. The primary/secondary housing market area is the area where you will
reasonably expect to find tenants who wish to apply for units at the property. This can be
a town, village, city, or community board. Once the primary/secondary housing market
area is defined, review the demographic information to determine what groups of people
living in this area are the least likely to apply to live in the project without actively
seeking them out with this marketing plan.
2. Outreach: Once you have identified the groups you need to target, then you must
develop an outreach program which includes special measures designed to attract those
groups, in addition to other efforts designed to attract persons from the total population.
This requires that you identify media outlets and groups that have direct contact with the
LLA populations that you are trying to reach. Appropriate community contacts include,
but are not limited to, social service agencies, religious bodies, advocacy groups,
community centers, and HCR-funded Neighborhood and Rural Preservation Companies.
3. Assessment: Develop a plan for what information you are going to track that will allow
you to measure the plan’s effectiveness. Examples of methods that can be used include:
• Determining if the marketing effort effectively attracted applicants who are
from the majority and minority groups, including persons with disabilities and
families with children, as represented in the total population of the housing
market area.
• Tracking how many referrals are received from the community contact groups
you utilized.
4. Staff Training: Management and sales staff must receive training on federal, State and
local fair housing laws. HCR’s Fair and Equitable Housing Office is committed to being
a resource for project owners regarding fair housing compliance.
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HCR AFHMP GUIDELINES
The following outline identifies areas of significant interest to the agency in its review and
approval of marketing plans for finance and development projects. These areas must be
addressed by all applicants to the greatest extent applicable in the preparation of a
marketing plan for submission, review, and approval.
To submit your project’s AFHMP, download and complete the AFHMP Fillable Form,
available at https://hcr.ny.gov/fair-housing. All other forms can be found here.
I. PROJECT IDENTIFICATION & DESCRIPTION
Provide a description of the project including project name and address, number of units,
managing agent/owner/developer’s contact information, address where correspondence relating
to the project should be sent, and identify person and entity responsible for marketing.
If the project is co-funded by New York City through Housing Preservation and Development
(HPD) and/or Housing Development Corporation (HDC), consult with your HCR representative
about a different HPD-specific form before continuing.
If the project has age-restricted units, you must obtain a waiver pursuant to the New York
Human Rights Law through the New York Division of Human Rights.
Please ensure all relevant attachments are included.
II. MARKETING PROGRAM & DIRECTION OF MARKETING ACTIVITY
Projects must submit an Affirmative Fair Housing Marketing Plan (AFHMP) to their HCR
Representative to be reviewed and approved by the Fair and Equitable Housing Office (FEHO).
The AFHMP must be submitted 240 days (8 months) before anticipated occupancy. This allows
time for projects to address comments made by FEHO attorneys and to include a 60-day
marketing and application period as well as a 10-day post-application period before the lottery is
run. Relevant forms are available here: https://hcr.ny.gov/marketing-plans-policies. The most
updated form must be used.
Unless waived by HCR, before proceeding to marketing and opening the application period,
projects must have an approved AFHMP, have conducted a pre-occupancy conference with
representatives of the Asset Management Unit, and must post the availability to
NYHousingSearch.org and HCR Lottery page for at least 60 days. Work with your HCR
representative to ensure that the ad is posted to the Lottery page.
All marketing materials must include the applicable fair housing logos, including the Equal
Housing Opportunity and Accessibility logos.
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The project must be registered on www.NYHousingSearch.gov, a free service provided by New
York State to advertise and search for affordable and accessible housing. The service is also
available through a toll-free, bilingual call center at 1-877-428-8844. Representatives are
available to assist with listings and searches.
III. DEMOGRAPHICS OF PROJECT’S HOUSING MARKET AREA
Identify the housing market area (town/city/community board) from which the owner/agent
intends to draw applicants (hereinafter, “Primary Market Area”).
Identify the expanded housing market area (city/county) from which the owner/agent intends to
draw applicants to increase the diversity of individuals to be reached by its marketing efforts
(hereinafter, “Secondary Market Area”).
Use the most recent American Community Survey 5-Year Estimates
(https://data.census.gov/cedsci/table?q=United%20States&g=0100000US&tid=ACSDP5Y2018.
DP05&vintage=2018, modified to your market area) to identify those racial and ethnic
demographic groups who are “least likely to apply” (LLA), because those populations are
currently underrepresented in the project’s Primary Market Area or underrepresented on the
waiting list. Populations under 1% do not need to be listed as an LLA population.
Affirmative fair housing marketing should attract applicants outside the community who are
underrepresented in the Primary Market Area’s demographics. A good marketing strategy will
cast a wide net. HCR requires the use of Primary and Secondary Market Area civic
organizations, grassroots and religious bodies, labor unions, disability advocates, civic
organizations, HCR-funded Neighborhood and Rural Preservation Companies, and/or other
groups and individuals in the community that have direct contact with the LLA populations.
The AFHMP must describe development and distribution of leaflets and brochures which are to
be produced in English, Spanish and other languages as reflected by the LLA populations.
1
The
AFHMP shall include Spanish language marketing material to serve the Spanish-speaking
population that is Limited English Proficient (“LEP”). Distribution should include circulation to
the organizations and community-based groups serving LLA populations.
Marketing requirements may vary by development size with “small project” developments of 1-4
units and all low-cost measures. Developers of larger developments must conduct all described
marketing activities as indicated.
a. Community Contacts
The AFHMP should provide that homeownership
2
counseling agencies and/or community
1
To address the needs of Limited English Proficient (LEP) population, alternative resources should be sought to
address the need, such as opening an account with a “Language Line” or alternative provider that provides 24/7
translators which can be accessed as needed by marketing staff to assist in serving all LEP persons.
2
Any AFHMP that includes homeownership must provide that the potential home purchasers receive
homeownership counseling and education through a HUD-certified housing counseling agency and may also utilize
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contacts are to be notified through letters, emails, and/or information packets that include
leaflets/brochures and copies of the advertisement. Owners should then follow up with another
send of the outreach materials 2 weeks after the initial send.
Upon initiation of the marketing period, a letter must be sent by regular mail or email to each of
the homeownership counseling agencies and/or community contacts listed in the AFHMP
requesting that they advise their constituencies and clients of the availability of these units and
encourage them to take advantage of this housing opportunity.
The AFHMP must describe the follow-up efforts with regard to each letter, such as calls to the
contact person to explore the most effective outreach approach to their respective constituencies
and clients (i.e., community contact follow up with specific actions, community contact
providing a list of names for direct contact or community contact hosting event where the owner,
developer, and/or marketing agent may present information to potential applicants).
Correspondence (letter/emails etc.) to be sent to community contacts should be attached to the
AFHMP. The AFHMP should also provide for how the abovementioned efforts will be
documented, including for example maintenance of call logs and email correspondence.
b. Commercial and Print Media
Advertisements will describe the name and location of the housing development; number of units
available; size and purchase prices or monthly rental cost of the units; income requirements; list
of building features and amenities; a community profile with resources and features; and contact
information for obtaining an application and/or additional information.
Advertisements must include the following logos: NYSHCR, Equal Housing Opportunity, and
Accessibility. Advertisements must also state that the project is posted online at
NYHousingSearch.gov. Advertisements should also be in the proper language for the target
population. Firm date(s) and deadlines for advertising must be documented.
c. Web-based Media
In addition to NYHousingSearch.gov, free housing services sites should be utilized to advertise
the Development.
The AFHMP must anticipate that information on the development will be posted on Developer’s
or Project Owner’s website, and other social media outlets if such exist. All such materials
should be translated in the LLA language and Spanish. It is expected that NYSHCR may also
post links to such information on its social media outlets upon being provided with the materials
in electronic format. The AFHMP must provide that the Developer will request community
the housing counseling agency to provide the homeownership counseling. The Owner, Developer, and/or Managing
agent may also use the counseling agency to provide the homeownership counseling and education, so long as such
services are delivered in accordance with HUD regulations. Housing counseling staff involved in counseling and
qualifying residents shall not be involved in marketing activities and the selection of residents.
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contacts and other outlets to distribute information through their social networks.
IV. SUPPPORTIVE HOUSING & SPECIAL NEEDS PREFERENCE UNITS
“Supportive Housing Units” are units for which there is service and operating funding awarded
for supportive services through such sources as the Empire State Supportive Housing Initiative
(ESSHI) or OPWDD, or who otherwise have HCR Supportive Housing Opportunities Program
funding. Since these units are filled exclusively by a centralized referral system, it is not
required that they be publicly marketed. (“N/A” can be entered in all fields that involve public
marketing with respect to these units)
“Special Needs Preference Units” are those for which the developer committed in its application
for funding to create a priority in tenant selection for persons with specific special needs. These
are units that do not have an operating/supportive services award to fund the supportive services.
An experienced service provider shall refer prospective tenants with Special Needs to the project
and provide some level of supportive services pursuant to a written agreement approved by New
York State. Unless otherwise approved by FEHO, these units must still be marketed to the
general population since members of the public who are in the Special Needs population should
also be able to take advantage of the admissions preference.
“Accessible Units” refer to units that, pursuant to the terms of the Project’s HCR funding, are
fully accessible, adapted and move-in ready for applicants with mobility or hearing/visual
impairments. This term also refers to units that must be built pursuant to the 5% and 2%
accessibility design requirements under Section 504 of the Rehabilitation Act of 1973. These
units are subject to marketing and outreach requirements.
Records of correspondence with supportive service provider(s) must be available on-site to
document compliance with appropriate outreach for the units these units pursuant to the
approved written agreement.
V. OCCUPANCY PREFERENCES
All occupancy preferences are subject to fair housing laws and must be approved by FEHO.
a. Local Preference
Indicate if the project requests a community residency preference. If a local community
preference is sought:
i. Describe the geographic scope
3
of the community preference.
ii. State the reason for the requested preference. For example, what is the documented need
for the community preference?
iii. Describe the extent of the preference (i.e., will the preference be effective only at initial
lease-up; what percentage of units will be designated for the preference).
3
Durational requirements are not permitted under any circumstances. (i.e., applicant must be a resident for a certain
time frame.)
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iv. Provide demographic information
4
supporting that the proposed preference would not
have a discriminatory effect on protected classes in violation of the Fair Housing Act and
New York State Human Rights Law.
5
b. Other Type of Preference
Identify any other requested preference and provide responses to the following questions:
i. Describe the type and scope of the preference.
ii. State the reason for the requested preference.
iii. Describe the extent of the preference (i.e., will the preference be effective only at initial
lease-up; what percentage of units will be set aside for the preference).
iv. Provide demographic information
6
supporting that the proposed preference would not
have a disparate impact on protected classes in violation of Fair Housing Act and New
York State Human Rights Law.
7
VI. TENANT SELECTION PROCEDURES
a. Lottery
The initial selection process must be made on a random basis through the use of a lottery and not
on a first-come first-served basis, with certain exceptions that must be approved by FEHO. (e.g.,
when full rent-up of the premises is expected to take in excess of six months or if the project is
occupied and rehabilitation will occur with tenants in place.)
Lottery notice and applications must be available in English, Spanish and other languages as
reflected by the LLA populations.
The lottery should be conducted at a previously announced date and time and at an accessible
public/community facility that is reasonably accessible to public transportation.
8
Through
marketing and advertising materials, the public should be informed of the date, time, and
location of the lottery drawing, and invited and encouraged to attend. The housing provider must
advertise any housing lottery for the duration of the approved marketing period, as established by
FEHO. Ask your HCR representative about Covid-related modifications to the in-person public
4
Appropriate documentation includes, but is not limited to, the most recent American Community Survey 5-Year
Estimates for the geographic area receiving the occupancy preference and the surrounding geographic areas from
where likely applicants are reasonably expected to reside.
5
HCR’s approval of a project’s AFHMP that contains a tenant selection preference is not intended to establish or to
serve as legal advice. Through its approval of a project’s AFHMP, HCR is not providing its imprimatur of legality
concerning the project’s tenant selection preference or policies. It should be noted that local residency
preferences—even when not intentionally discriminatory—may in practice deny equal housing opportunity or
perpetuate segregation without justification and thus be prohibited by the Fair Housing Act and the New York State
Human Rights Law.
6
See above note 4.
7
See above note 5.
8
Projects that utilize the NYC Housing Connect system are exempt from the HCR requirement that the lottery take
place in a location open to the public.
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lottery requirement.
The AFHMP must include in the description of the lottery the procedure to draw and announce
those selected through the lottery. For example, each applicant’s name will be announced as
their name is drawn and their information will be entered in a lottery database in sequential
order.
The AFHMP must also provide for the method of notification of applicants of their lottery status.
For example, applicants may be notified of their lottery ranking by telephone and U.S. mail, or
whatever other means of notification has been requested by the applicant and accepted by the
Owner, Developer, or Marketing Agent.
The AFHMP must describe the steps to process the applications in lottery order, and that this
work will be conducted by trained and experienced staff of the Owner, Developer, or Marketing
Agent. This description should explain the process to identify any information or documentation
that is either missing or needs to be updated in the application, process to contact applicant to
request such information, and timeframe the applicant must respond. For example, applicants
are given seven days in which to provide this information.
Describe steps to be taken if an applicant either withdraws or is deemed ineligible. For example,
he or she will be informed of such by a letter from the Owner, Developer, or Marketing Agent of
their status as ineligible or acknowledgement of withdrawal. The AFHMP must also provide
applicants who do not submit complete applications an opportunity to cure before the lottery
takes place. The lottery must be held at least 10 business days after the application deadline. This
will allow applicants to cure any defects in their initial submissions. Additionally, this will
ensure that all applications postmarked by the deadline will have time to arrive before the lottery
is held.
Detail what will be done with the applications of any qualified applicants in excess of the
number of available units. For example, they could be put on a waiting list in the order in which
their names were selected during the lottery, and on a first come, first served basis after all the
lottery-drawn names have been exhausted, as provided in the above; or receive notification of
future marketing.
Detail efforts that will be undertaken by the Owner, Developer, or Agent to ensure the
confidentiality of the information provided by applicants, especially with respect to sensitive and
personal information (examples include credit reports, criminal records, disability status and
child support payments).
Online applications are acceptable and encouraged as long as applicants are also able to access
paper and non-electronic versions as well. Links to the application or the electronic application
form must be provided to NYSHCR so that it can be made available on NYSHCR’s website, if
appropriate. Indicate the application period and when it will close. Include instructions to
applicants of who to submit applications to, the location and deadline for application submission.
The application must be available upon initiation of the marketing program.
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In addition to the requirement to post the project on NYHousingSearch.gov set forth earlier in
this document, it is a NYSHCR requirement that all projects be listed on the NYSHCR Housing
Lotteries website for a minimum of 60 days prior to the tenant application date. The Owner,
Developer, and/or Managing Agent must ensure that the final FEHO-approved advertisement
announcing the lottery is posted on this website at least 60 days prior to the tenant application
date. Contact your HCR representative to ensure that this process is completed.
The AFHMP should anticipate posting the application on the Owner, Developer, and/or
Managing Agent’s website, as well as the Housing Development-specific website, if applicable.
b. Fees
Under New York State law, housing providers may not charge fees in connection with the
processing, review, or acceptance of a prospective tenant’s application, except for fees in
connection with a background check or credit check. Background check and credit check fees,
to the extent they are allowed pursuant to the credit policy described in Subsection e, below, are
limited to the lesser of $20, cumulatively, or the actual cost of the credit and background check.
If a prospective tenant provides the housing provider with a copy of a background check or credit
check conducted within the past 30 days, the housing provider must waive these fees. Check
with your NYSHCR program representative as even credit check fees may be prohibited in
certain NYSHCR-funded housing.
c. Tenant Eligibility
State the target income ranges as defined by HCR/HUD and adjusted for household size for all
affordable units.
Describe how tenant eligibility will be determined. (e.g., income certification, employment
verification, creditworthiness, background check.) It should be noted that when conducting a
background check of an applicant, the housing provider must use a reputable background check
company. Further, the housing provider must comply with the requirements of the New York
State Housing Stability and Tenant Protection Act of 2019, the Fair Credit Reporting Act, 15
U.S.C. Sec. 1681 et. seq. and HCR tenant selection policies including, but not limited to, the
ones described below with respect to justice involvement, credit and the Violence Against
Women Act.
Records about tenant selection or rejection (including copies of all rejection letters) must be kept
in the project file.
Detail the appeals process for an applicant who is denied admission. Specifically, how is the
tenant notified of the reason for their denial; how is the tenant notified of their right and the
process to appeal; and what is the timeline for requesting and resolving appeals.
Indicate name and staff position responsible for tenant selection and appeals process (this should
be two different staff persons/positions).
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d. Assessing Justice-Involved Applicants
HCR prohibits its housing providers from utilizing tenant selection procedures with blanket
exclusions of applicants based on their criminal history. Tenant selection procedures may only
consider convictions for offenses that involved physical danger or violence to persons or
property or that adversely affected the health, safety and welfare of other people.
Even where convictions for such offenses exists, those convictions cannot be an automatic bar to
the applicant being selected for housing. The housing provider must do an individualized
assessment of all applicants pursuant to HCR’s Guide, Worksheet and Webinar Tutorial for
Applying New York State’s Anti-Discrimination Policies When Assessing Justice-Involved
Applicants for State-Funded Housing. See https://hcr.ny.gov/marketing-plans-policies#credit-
and-justice-involvement--assessment-policies.
The individualized assessment is not an appeal process. Instead, it must be conducted prior to an
initial determination of an applicant’s eligibility. In certain instances in which a conviction was
for an offense that is deemed to involve physical danger or violence to persons or property, or
that adversely affected the health, safety and welfare of other people, the applicant will need to
be given an opportunity to provide additional information so that an individualized assessment
may be conducted. A sample request letter for additional information can be found here:
https://hcr.ny.gov/marketing-plans-policies.
More information on the Justice Involvement policy can be found at the link above. Please use
the most updated Worksheets as they are changed from time to time.
e. Assessing the Credit History of Applicants for State-Funded Housing
HCR prohibits its housing providers from utilizing tenant selection procedures with blanket
exclusions of applicants based solely on their credit scores or credit history. HCR’s credit policy
requires housing providers to individually assess applicants with low credit scores or negative
credit history. The assessment should follow the policy, worksheet, and instructions laid out in
HCR’s Individualized Assessment Credit Worksheet Applying New York State Credit Policy for
Applicants to State-Funded Housing. (https://hcr.ny.gov/FEHO-Credit-Policy-Guide.) Landlords
and housing providers are prohibited from conducting a credit check on applicants who are in
receipt of a full rental subsidy and applicants who are able to demonstrate that they have paid
their rent in full and on time during the preceding 12 months.
The worksheet to conduct an individualized assessment to determine eligibility can be found
here: https://hcr.ny.gov/FEHO-Credit-Worksheet.
The individualized assessment is not an appeal process. Instead, it must be conducted prior to an
initial determination of an applicant’s eligibility. In certain instances, the applicant will need to
provide additional information so that an individualized assessment may be conducted. A sample
request letter for additional information can be found here, https://hcr.ny.gov/marketing-plans-
policies. The applicant must be allowed 14 business days to submit relevant information or
documentation to explain or mitigate negative findings.
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Additionally, at the time the housing provider requests additional information from an applicant
with a low credit score or negative credit history, the housing provider must also provide the
applicant with an application that includes information that explains the procedures and policies
with regards to credit history. Compliance with this requirement shall be demonstrated by
providing the applicants with HCR’s “Know Your Rights” materials. (https://hcr.ny.gov/KYR-
Credit.) In the event that an applicant is denied on the basis of credit history, the applicant must
be provided with fourteen (14) business days to appeal such determination.
The following information may not be considered in this individualized assessment pursuant to
the credit policy:
• Debt to income ratios;
• Lack of credit history or rental history;
• Housing court history or past or pending landlord-tenant action;
• Guarantors or co-signers, with the exception of not-for-profits or government entities
acting on behalf of their clients;
• Home visits or representations of the applicant’s living situation; or
• Outreach to current or previous landlords, neighbors or others associated with the
Applicant’s living situation, except (1) as specifically authorized by the Applicant to obtain
a current or previous landlord’s written record of rent payment, or (2) to obtain information
from a current or previous landlord regarding Applicant’s history of major lease violations
(e.g., nonpayment of rent or use of premises for illegal purposes). Housing providers are
prohibited from seeking any additional information not specifically set forth above
regarding the Applicant’s living situation, and such additional information, if provided,
may not be used as the basis to reject an Applicant.
HCR’s policy concerning credit history requires that the housing provider maintain records
concerning (a) the number of applications where the applicant had a low credit score or negative
credit history, and (b) the number of those applicants with low credit scores or negative credit
histories accepted or denied as tenants. During your compliance monitoring site visits conducted
by AMU, the AMU staff will be verifying that the housing provider can demonstrative
compliance with HCR’s guidelines for assessing applicants with low credit scores or negative
credit histories. Please note that HCR’s credit policy does not waive any rights or responsibilities
under federal, state or local law, including, but not limited to the New York State Housing
Stability and Tenant Protection Act of 2019 and the Fair Credit Reporting Act (FCRA). Among
other provisions, FCRA requires that individuals (1) must be told if information in their credit
report has been used against them, (2) must be allowed access to their credit report, and (3) have
the right to dispute inaccurate or incomplete information contained in a credit report. For more
information on FCRA, please review the following document produced by the Federal Trade
Commission. (https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf).
f. Compliance with the Violence Against Women Act (“VAWA”)
Under VAWA, potential tenants and current tenants who are victims of domestic violence,
dating violence, sexual assault, or stalking cannot be denied tenancy or evicted as a result of an
incident of domestic violence, dating violence, sexual assault, or stalking that is reported and
confirmed. These protections extend to women, men, and people in same-sex relationships.
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The owner/manager must comply with the provisions of the VAWA final rule, published on
November 16, 2016, including adopting an emergency transfer plan and providing a VAWA
notice of occupancy rights and a certification form to tenants at the time a person applies for
housing, when a person is denied tenancy, when an applicant signs a lease agreement, with any
notification of eviction or termination of assistance and at the annual recertification or lease
renewal process. The owner/manager must also implement a VAWA lease addendum for all
current and new tenants.
Additional information concerning the owner/manager’s obligations and protections under
VAWA is available at https://hcr.ny.gov/fair-housing-marketing-plans-policies#violence-against-
women-act
VII. ACCESSIBILITY POLICIES OF MANAGEMENT
a. Reasonable Accommodations
Describe the process and timeline concerning how requests for reasonable accommodations will
be handled. Also indicate who will be authorized to approve or deny any such requests. State the
policies and procedures that will be used to verify an applicant’s disability—noting that such
information will be limited to only that which is needed to determine the reasonableness of a
particular accommodation.
Describe management’s written policy for persons with disabilities that require service animals
and/or assistance animals.
Describe any procedures established to accommodate hearing and sight impaired applicants and
tenants. (i.e., readers, sign language, interpreters, and Braille materials.) State whether the
project has a Telecommunication Device for the Deaf (TDD) or an equally effective
communication system? (Note: If the complex has Section 8 assistance from HUD, the
complex is required to have a TDD.)
b. Fully Adapted Units
Fully-accessible and adapted, move-in-ready units should be reserved for persons with mobility,
hearing and/or visual disabilities.
The AFHMP should provide that community contacts that directly serve persons with mobility,
hearing and/or visual disabilities are to be notified through letters, emails, and/or information
packets that include leaflets/brochures, followed by personal contact conducted by the developer
or marketing agent.
Upon initiation of the marketing period, a letter must be sent by regular mail or email to each of
the community contacts listed in the AFHMP requesting that they advise their constituencies and
clients of the availability of these units and encourage them to take advantage of this housing
opportunity. The letter must indicate the number and type of fully-accessible and adapted,
move-in-ready units the project will provide.
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The AFHMP must describe the follow-up efforts with regard to each letter, such as calls to the
contact person to explore the most effective outreach approach to their respective constituencies
and clients.
Correspondence (letter/emails etc.) to be sent to community contacts should be attached to the
AFHMP.
VIII. SMOKING POLICY
Indicate if the project is smoking or non-smoking. Describe the policy to be implemented and
attach a copy of any policies or written materials concerning non-smoking rules and/or any lease
addendums.
If non-smoking, indicate in all marketing and community outreach materials that this is a non-
smoking facility and add the “No Smoking” logo to all marketing materials. Also indicate if
there will be a smoking area provided outdoors.
IX. AFFIRMATIVE FAIR HOUSING MARKETING & RECORD KEEPING
All advertising and records of dates of publication shall be kept on file in the project’s
management office. A copy of the AFHMP will be kept on file for future auditing purposes
and a copy provided to the Managing Agent.
All staff Fair Housing training certificates must be kept on file for five years and should be
attached to the AFHMP submitted to FEHO for approval.
Records of outreach to special interest groups, LLA media and community contacts, and agencies
providing referrals shall be kept on file in the project s management office.
Records of complaints and resolutions by tenants and applicants alleging discrimination and/or
improper conduct shall be retained for three years in the project’s file.
All records of the Lottery Log, Applicant Wait List and Transfer Wait List (if applicable) shall
be kept on file.
Voluntary data regarding race, ethnicity, disability, and family composition should be collected
and kept in the project file.
During your compliance monitoring site visits conducted by AMU, AMU will be verifying that
the housing provider can demonstrate compliance with these recordkeeping requirements.
X. EVALUATION OF MARKETING ACTIVITIVES
AFHMPs should be reviewed on an annual basis to determine if changes should be made.
Furthermore, AFHMPs must be updated every five (5) years to fully capture demographic
changes in the housing’s primary market area.
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Describe how the success of the affirmative fair housing marketing efforts will be evaluated.
Include a discussion of corrective measures to be taken if LLA populations are poorly
represented at the project.
XI. FAIR HOUSING EXPERIENCE/TRAINING
All management or sales staff must receive training on federal, New York State, and local fair
housing laws. The Developer, Marketing Consultant, Property Manager and/or Marketing Agent
will instruct their employees and agents (orally and in writing) concerning nondiscrimination in
housing. These employees and agents will attend workshops on fair housing. Attach any
evidence of trainings. (i.e., certificates)
Identify any fair housing training conducted for, or attended by, the managing agent, owner or
developer. Also identify training regarding project’s tenant selection guidelines in accordance
with the project’s occupancy policies. If the staff has not been trained, indicate when and what
future trainings are planned (including any Section 504/reasonable accommodation trainings).
Training should include federal, New York State and local fair housing laws and regulations.
XII. CONTINUED COMPLIANCE AND MODIFICATION OF THE AFHMP
The AFHMP shall state that the Property Owner and its Agents are responsible for
implementing the entirety of the AFHMP, as approved by the HCR. The AFHMP should also
state that the Property Owner and its Agents further agree to comply with any changes
required by HCR, as it may be amended from time to time to ensure continued compliance
with federal and New York State requirements.
Any changes will require that the Property Owner or its Agents submit an amendment to the
AFHMP to HCR for approval.
XIII. ACKNOWLEDGEMENT AND CERTIFICATION
The AFHMP must be signed by an authorized official of the Property Owner and, if a
Marketing Agent or Property Management agency is to be involved, by these entities as well.
The signatories assume responsibility for the AFHMP’s implementation and agree to make
any changes which may be required to assure continued compliance with the affirmative fair
housing marketing regulations, as well as all applicable federal, New York State, and local fair
housing provisions. These obligations are to be incorporated into any future agreements
related to the sale or transfer of the housing binding a new or subsequent owner.
XIV. DISCLAIMER
The obligation to ensure that the project’s AFHMP complies with all applicable federal, New
York State, and local fair housing laws and regulations lies with the Owner, Developer, and/or
Managing Agent. HCR’s approval of the project’s AFHMP is not intended to establish or to
serve as legal advice.
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In consideration of HCR approving the project’s AFHMP allowing the Owner, Developer,
and/or Managing Agent to market the project, the Owner, Developer, and/or Managing Agent
agree to hold HCR harmless from all liabilities, damages, costs or expenses (including but not
limited to reasonable attorneys’ fees and other litigation costs and expenses) incurred for any
alleged violations of federal, New York State, and/or local fair housing laws and regulations
which arise during or result from the implementation of the project’s AFHMP, regardless of
whether or not caused in whole or part by the negligence or other fault of HCR
