Model Affirmative Fair Housing Marketing Plan

NATIONAL ASSOCIATION OF REALTORS® and the U.S. Department of Housing and Urban Development

Reviewed December 2004

Firm name:_______________________________________________________
Address:_____________________________________________________________
City/State/Zip:_________________________________________________________
Phone: ______________ Fax: ______________ E-mail:____________
Broker/Owner:_________________________________________________________
Local REALTOR® Association where broker/owner holds primary REALTOR® membership:
___________________________________ State _________________

Provide equal professional service without regard to the race, color, religion, sex, handicap, familial status, or national origin of any prospective client, customer, or of the residents of any community.
Keep informed about fair housing law and practices, improving my clients' and customers' opportunities and my business.
Develop advertising that indicates that everyone is welcome and no one is excluded;, expanding my client's and customer's opportunities to see, buy, or lease property.

Inform my clients and customers about their rights and responsibilities under the fair housing laws by providing brochures and other information.

Document my efforts to provide professional service, which will assist me in becoming a more responsive and successful REALTOR®. Refuse to tolerate non-compliance. Learn about those who are different from me, and celebrate those differences. Take a positive approach to fair housing practices and aspire to follow the spirit as well as the letter of the law. Develop and implement fair housing practices for my firm to carry out the spirit of this declaration.

Part II: Affirmative Fair Housing Marketing Strategies

Each signatory is responsible for the development and implementation of the Affirmative Fair Housing Marketing Plan or affirmative marketing procedures. Each signatory has the ultimate responsibility for marketing and sales/rental transactions. The employment of a sales or management agent does not relieve the Signatory of his/her responsibilities. Each signatory must assure that such agents will carry out affirmative marketing and nondiscrimination practices. Each signatory agrees to utilize the following strategies to implement the Fair Housing Declaration

A. Fair Housing Education and Training

1. Each signatory shall explain and publicize the purposes and provisions of this agreement to all associates.

2. Each signatory shall provide, either directly or through Board or Association sponsored programs, ongoing training and education to inform all associates of their responsibilities under this Agreement and under the fair housing laws, and urge associates to attend and participate in Board or Association training programs.

3. Each signatory shall obtain and make available to all associates the NAR Fair Housing Handbook.

B. Public Commitment to Fair Housing

1. Each signatory shall display, in a prominent place in the signatory's office, a fair housing poster as outlined in 24 CFR Part 110.

2. Each signatory shall use advertising policies for the sale or rental of housing that indicate to the general public that the advertised housing is open to all persons and is designed to attract buyers and renters without regard to race, color, religion, sex, familial status, handicap, or national origin.

3. Such advertising shall include an official Equal Housing Opportunity slogan or logotype as follows: a. In all display advertising, the Equal Housing Opportunity logotype, when used, shall be at least 1/2" by 1/2" in size. b. In each "classified" advertisement of six (6) column inches or larger in size, except where the HUD "Publisher's Notice" appears on the lead page of the classified advertising section of the newspaper or magazine. c. In a prominent place on all brochures, circulars, billboards, and direct mail advertising. d. In a prominent place on signs and all other forms of advertising not specifically referred to in subparagraphs 3(a), (b) and (c) above, where its inclusion does not significantly increase the cost of advertising.

4. In order to promote awareness of the fair housing laws and the equal opportunity policy of the signatory, each signatory shall encourage all associates to distribute copies of the NAR flyer entitled "What Everyone Should Know About Equal Opportunity in Housing", or its equivalent, provided a copy of the equivalent flyer is attached to this plan or otherwise provided to HUD prior to its use.

C. Fair Housing Procedures and Advertising Policies

1. Each signatory shall adopt fair housing procedures, including procedures relating to office operations, and advertising policies to implement the goals and purposes of providing fair housing for all. The signatory either shall adopt the fair housing "best practices" recommended by NAR and HUD, or shall develop written fair housing procedures and advertising policies which, at a minimum, are consistent with the recommended "best practices".

2. Each signatory shall require all associates to follow the procedures and policies adopted by the signatory's firm.

3. The fair housing procedures, including those relating to office operations, shall address the provision of equal professional service without discrimination based on race, color, religion, sex, familial status, handicap, or national origin.

4. The advertising policies shall incorporate the provisions of paragraph II B of this plan.

D. Equal Opportunity in the Real Estate Industry

1. Each signatory shall affirmatively recruit persons of all racial and ethnic groups, of both sexes, with and without disabilities, and individuals otherwise protected from discrimination by the Fair Housing Act, as salaried employees and independent contractors.

E. Association and Community Efforts

1. Each signatory shall encourage all associates to participate in community fair housing equal opportunity activities.

2. Each signatory shall endeavor to participate in Association Fair Housing Partnership activities designed to identify and remove barriers to equal opportunity in housing in the community.

F. Specific Project Considerations

1. Each signatory shall attach this REALTOR® Model Plan to its Affirmative Fair Housing Marketing Plan Application form for each project subject to the Affirmative Fair Housing Marketing Plan Regulations.

2. Each signatory shall consider, for each project submitted for HUD approval, the following:

• a. the type of project
• b. the area in which the project is to be located
• c. the groups that are least likely to apply for or be aware of the project
• d. the most effective methods to be used in marketing to group(s) that are least likely to apply for or be aware of housing in the project area and respective project. Groups are defined as white (non-Hispanic), black (non-Hispanic), Hispanic, American Indian or Alaskan Native, Asian or Pacific Islander.

3. Each applicant shall review its marketing efforts for each project to assess whether its marketing efforts have attracted a significant cross-section of the eligible population, especially significant numbers from those eligible among those population groups least likely to apply for or be aware of housing in the project area and project.

III. EVALUATING A SIGNATORY'S PERFORMANCE UNDER THIS PLAN

A signatory's performance under this plan shall be evaluated by reviewing the actions taken or not taken to carry out the provisions of this plan and related provisions of fair housing laws, executive orders and regulations. The purpose of the evaluation is to assess the following:

1. Whether the signatory carried out the elements of this Affirmative Fair Housing Marketing Plan.

2. Whether the good faith efforts of the signatory have attracted a diversified cross-section of the eligible population, especially from those identified pursuant to Part II F of this plan as least likely to apply for the housing without special outreach activities.

3. To assist in this evaluation, the signatory is encouraged to seek the input of a broad spectrum of organizations throughout the community that have a substantial interest in fair housing.

IV. ACCEPTANCE OF SIGNATORY STATUS OF MEMBER IN LIEU OF INDIVIDUAL AFFIRMATIVE FAIR HOUSING MARKETING PLAN

1. During the effectiveness of this Agreement, any signatory who hereafter applies for participation in any HUD/FHA program and would otherwise be subject to the requirement of the HUD Affirmative Fair Housing Marketing Regulations may submit this REALTOR® Model Plan in lieu of using the HUD 935.2 form.

2. Each signatory shall attach this REALTOR® Model Plan to its REALTOR® Affirmative Fair Housing Marketing Plan Application form for each project subject to the Affirmative Fair Housing Marketing Plan Regulations.

V. EFFECTIVE DATE OF PLAN

A. This Agreement shall be in effect for any signatory until:

1. A signatory advises HUD in writing that he no longer wishes to be signatory;

2. The signatory is no longer a member of the NATIONAL ASSOCIATION OF REALTORS®.

3. The expiration of the Fair Housing Partnership unless renewed by HUD and NAR.

4. The signatory is suspended as a party to this REALTOR® Model Plan, under paragraphVI.

B. During the time that a signatory is suspended as a party to this Plan, the signatory shall continue to be subject to the requirements of the HUD Affirmative Fair Housing Marketing Regulations, and shall be required to submit individual Affirmative Fair Housing Marketing Plans in connection with any new application for participation in any HUD/FHA assistance or insurance program. In addition, the suspended signatory shall have 30 days from the date of suspension to submit to HUD an individual Affirmative Fair Housing Marketing plan for each of its current projects for which an individual plan had not previously been submitted.

VI. SUSPENSION FROM THE REALTOR® MODEL PLAN

Whenever HUD has reasonable cause to believe that a signatory has failed to make good faith efforts to comply with his or her responsibilities under this REALTOR® Model Affirmative Fair Housing Marketing Plan, HUD shall contact the signatory and arrange for a meeting between HUD representatives and the signatory and any other principals of the firm to identify and discuss the area(s) of non-compliance. Either HUD or the signatory may invite representatives of the signatory's local or state REALTOR® Association (where the signatory holds primary membership) or the NATIONAL ASSOCIATION OF REALTORS® to participate in the meeting.

If the HUD representatives determine that corrective action by the signatory is needed to achieve compliance, the HUD representative shall determine the appropriate correction action needed, including a timetable for implementation. If the signatory does not agree to take the needed corrective action, or fails to take such action within the time specified, the HUD representative(s) shall make a recommendation to the Assistant Secretary for Fair Housing and Equal Opportunity on whether or not the signatory should be suspended as a party to this REALTOR® Model Plan. Written notice of this recommendation shall be given to the signatory and to NAR. The signatory may, within 30 days of receipt of the notice of recommendation, submit written arguments and/or other materials in support of his/her position to the Assistant Secretary. The Assistant Secretary shall make the final decision on the suspension of the signatory and shall notify the signatory and NAR of the decision. The suspension of a signatory as a party to this REALTOR® Model Plan shall remain in effect until the Assistant Secretary has determined that the signatory may be reinstated.

ADOPTION

The NATIONAL ASSOCIATION OF REALTORS® and the U.S. Department of Housing and Urban Development hereby approve this Model Affirmative Fair Housing Marketing Plan for use by REALTORS® to meet the requirements of submitting an affirmative fair housing marketing plan as outlined in 24 CFR Part 200.625. For the NATIONAL ASSOCIATION OF REALTORS®:
Signature:________________________________ Date:_______________
Russell K. Booth, President For the Department of Housing and Urban Development: Signature:________________________________ Date: _______________
(name), Assistant Secretary for Fair Housing and Equal Opportunity The undersigned REALTOR® affirms that he/she holds primary membership in the above named Association of REALTORS® and subscribes to the terms of this Model Affirmative Fair Housing Marketing Plan on behalf of the named firm. Signature: ________________________________ Date:_______ Name printed: ___________________________ Position: ______________________ Firm name: _______________________________

REALTOR® Affirmative Fair Housing Marketing Plan Application

Applicants for participation in FHA subsidized and unsubsidized housing programs for the development or rehabilitation of subdivisions, multifamily projects and manufactured home parks of five or more lots, units, or spaces, or dwelling units when the applicant's participation in FHA housing programs had exceeded or would exceed development of five or more such units during the previous year, are required to carry out an affirmative program to attract buyers or tenants, regardless of sex, of all minority and majority groups to the housing for initial sale or rental. (24 CFR Part 200.600 et seq). 24 CFR Part 200.625 provides that each applicant shall provide to HUD an affirmative fair housing marketing plan for that project.

The Fair Housing Partnership Resolution between the U.S. Department of Housing and Urban Development and the NATIONAL ASSOCIATION OF REALTORS® provides that REALTORS® (members of NAR) may use a model plan developed by HUD and NAR to satisfy the requirement to submit an affirmative fair housing marketing plan as outlined in 24 CFR Part 200.625. REALTORS® who adopt the Model Affirmative Fair Housing Marketing Plan containing the REALTOR® Fair Housing Declaration (Model Plan) may signify use of that plan for any covered project by attaching a copy of that plan to this form.
Each applicant using the REALTOR® Model Plan agrees, for the above identified project, to consider and use the most effective methods to market to groups that are least likely to apply for or be aware of housing in the project area and in the project. The applicant need not submit these marketing methods to HUD for approval, but should retain records of its consideration and use of marketing activities.

The applicant is subject to all remaining provisions of the Affirmative Fair Housing Marketing Regulations, and must make this form and the model plan available for public inspection at the sales and rental offices of the applicant.