ORDINANCE NO. BL2017-833

ORDINANCE BL2017-833

An ordinance adopting the 2017 Joint Assessment of Fair Housing for the Metropolitan Government of Nashville and Davidson County and the Metropolitan Development and Housing Agency and authorizing the Metropolitan Mayor to submit the 2017 Joint Assessment of Fair Housing to the U.S. Department of Housing and Urban Development and to execute a Memorandum of Understanding with the Metropolitan Development and Housing Agency formalizing each agency’s respective responsibilities related to the 2017 Joint Assessment of Fair Housing.

WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires cities and public housing authorities that receive federal funds for housing and community development to Affirmatively Further Fair Housing (AFFH); and

WHEREAS, the requirement to affirmatively further fair housing imposes a duty to not discriminate in housing programs and to address segregation and related barriers for groups with characteristics protected by the Fair Housing Act – race, color, religion, sex, familial status, national origin, or disability; and

WHEREAS, to fulfill this requirement as recipients of HUD funds, the Metropolitan Government of Nashville and Davidson County (Metro) and the Metropolitan Development and Housing Agency (MDHA) must conduct an Assessment of Fair Housing (AFH), which includes an analysis of fair housing data, an assessment of fair housing issues and contributing factors, and an identification of fair housing priorities and goals prior to the next Five Year Consolidated Plan and Five Year Public Housing Authority (PHA) Plan; and

WHEREAS, the current Five Year Consolidated Plan ends on May 31, 2018 and the next Five Year Consolidated Plan cycle will begin on June 1, 2018; and

WHEREAS, pursuant to 24 CFR 5.160, Metro must submit an AFH to HUD no later than 270 days prior to the start of the next Five Year Consolidated Plan, which would be September 1, 2017; and

WHEREAS, by Resolution R94-1396, the Metropolitan Council designated MDHA as the lead agency responsible for the preparation and administration of the Consolidated Plan for Metro, and, as the lead agency for the Consolidated Plan, MDHA led the development of Metro’s AFH; and

WHEREAS, MDHA’s current Five Year PHA Plan expires on September 30, 2019 and the next PHA Plan cycle will begin on October 1, 2019; and

WHEREAS, even though MDHA’s PHA AFH would not be due to HUD until January 2019, MDHA wishes to be included in a joint AFH with Metro to be submitted to HUD no later than September 1, 2017; and

WHEREAS, HUD requires that each agency participating in a joint AFH enter into an agreement formalizing the collaboration and respective responsibilities related to individual goals; and

WHEREAS, the AFH was developed using the HUD-provided local government assessment tool, analyzing HUD-provided data and maps, as well as local data, and gathering community input; and

WHEREAS, community input came through a series consultations with stakeholders, community meetings; and meetings with MDHA residents at 17 different MDHA properties; and

WHEREAS, the public comment period on the draft AFH began on May 26, 2017, and concluded on July 10, 2017, and five public hearings were held throughout Davidson County and one public hearing was held before the MDHA Board of Commissioners; and

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. The Metropolitan Council adopts the 2017 Joint Assessment of Fair Housing (AFH) for the Metropolitan Government of Nashville and Davidson County and the Metropolitan Development and Housing Agency, attached hereto and made part of this Ordinance, and that the Metropolitan Mayor is authorized to submit the AFH to HUD and to execute a memorandum of understanding with MDHA formalizing the collaboration and respective responsibilities related to individual goals under the AFH; and

Section 2. The responsibilities of the Metropolitan Government under the AFH are limited to the requirements extending to local governments and do not extend to the responsibilities of public housing authorities; and

Section 3. The applicable goals and priorities identified in the AFH shall be incorporated into the next Five Year Consolidated Plan, and progress on meeting these goals shall be reported in the Consolidated Annual Performance and Evaluation Report (CAPER). MDHA is authorized pursuant to R94-1396 to prepare the next Five Year Consolidated Plan and related CAPERs on behalf of Metro.

Section 4. Any amendments to the AFH related to local government requirements shall be by Resolution.

Section 5. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

LEGISLATIVE HISTORY
Introduced:	July 18, 2017
Passed First Reading:	July 18, 2017
Referred to:	Budget & Finance Committee
Passed Second Reading:	August 1, 2017
Passed Third Reading:	August 15, 2017
Approved:	August 16, 2017
By: