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3 - MOU w/ OCSSA for Family Unification Program NOFA_2018-07-17 (2)
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3 - MOU w/ OCSSA for Family Unification Program NOFA_2018-07-17 (2)
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7/17/2018
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EXHIBIT 2 <br />2. Resolution of Civil Rights Matters. Outstanding civil rights matters must be resolved before <br />the application deadline. Applicants who after review are confirmed to have civil rights matters <br />unresolved at the application deadline will be deemed ineligible; the application will receive no <br />further review, will not be rated and ranked, and will not receive funding. <br />a. Applicants having any of the charges, cause determinations, lawsuits, or letters of findings <br />referenced in subparagraphs (1) — (5) that have not been resolved to HUD's satisfaction before or <br />on the application deadline date are ineligible for funding. Such matters include: <br />(1) Charges from HUD concerning a systemic violation of the Fair Housing Act or receipt of <br />a cause determination from a substantially equivalent state or local fair housing agency <br />concerning a systemic violation of a substantially equivalent state or local fair housing law <br />proscribing discrimination because of race, color, religion, sex, national origin, disability or <br />familial status; <br />(2) Status as a defendant in a Fair Housing Act lawsuit filed by the Department of Justice <br />alleging a pattern or practice of discrimination or denial of rights to a group of persons <br />raising an issue of general public importance under 42 U.S.C. 3614(a); <br />(3) Status as a defendant in any other lawsuit filed or joined by the Department of Justice, or <br />in which the Department of Justice has intervened, or filed an amicus brief or statement of <br />interest, alleging a pattern or practice or systemic violation of Title VI of the Civil Rights <br />Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the Housing and <br />Community Development Act of 1974, the Americans with Disabilities Act or a claim under <br />the False Claims Act related to fair housing, non-discrimination, or civil rights generally <br />including an alleged failure to affirmatively further fair housing; <br />(4) Receipt of a letter of findings identifying systemic non-compliance with Title VI of the <br />Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Section 109 of the <br />Housing and Community Development Act of 1974; or the Americans with Disabilities Act; <br />or <br />(5) Receipt of a cause determination from a substantially equivalent state or local fair <br />housing agency concerning a systemic violation of provisions of a state or local law <br />prohibiting discrimination in housing based on sexual orientation, gender identity, or lawful <br />source of income. <br />b. HUD will determine if actions to resolve the charge, cause determination, lawsuit, or letter of <br />findings taken before the application deadline date will resolve the matter. Examples of actions <br />that may be sufficient to resolve the matter include, but are not limited to: <br />• Current compliance with a voluntary compliance agreement signed by all the parties; <br />• Current compliance with a HUD -approved conciliation agreement signed by all the <br />parties; <br />• Current compliance with a conciliation agreement signed by all the parties and approved <br />by the state governmental or local administrative agency with jurisdiction over the matter; <br />• Current compliance with a consent order or consent decree; <br />• Current compliance with a final judicial ruling or administrative ruling or decision; or <br />• Dismissal of charges. <br />11 of 45 <br />3-23 <br />
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