1. (a) Owners of Developments with 5 or more total units must use an Affirmative Fair Housing Marketing Plan to attract prospective applicants of all minority and non-minority groups in the housing market area regardless of their race, color, religion, sex, national origin, disability, familial status, or religious affiliation. Racial groups to be marketed to may include White, African American, Native American, Alaskan Native, Asian, Native Hawaiians, or Other Pacific Islanders. Other groups in the housing market area who may be subject to housing discrimination include, but are not limited to, veterans, Hispanic or Latino groups, persons with disabilities, families with children, or persons with different religious affiliations. Owners are encouraged to use HUD Form 935.2A, and may use any version of this form as applicable.

2. (b) The Affirmative Marketing Plan must identify:

   1. (1) Which group(s) the Owner believes are least likely to apply for housing at the Development without special outreach;
   2. (2) Organizations and groups in the area that serve persons with disabilities; and
   3. (3) Certain HTC Developments must include methods for informing veterans about the availability of units.
3. (c) When identifying racial/ethnic minority groups the Development will market to, factors such as the characteristics of the housing's market area should be considered. Example 617(1): An Owner obtains census data showing that 6.5 percent of the city's total population is Asian Americans. However, the Owner's demographic data for the Development shows that zero Asian American households are represented. The Owner chooses to identify Asian American groups as one of the groups least likely to apply at the Development without special outreach.
4. (d) The Affirmative Marketing Plan must identify specific media and community contacts that reach those groups designated as least likely to apply. At minimum, contact must be made annually but more frequent contact is encouraged. Community outreach contacts may include neighborhood, minority, veteran's organizations, or women's organizations, grass roots faith-based or community-based organizations, labor unions, employers, public and private agencies, disability advocates, or other groups or individuals well known in the community that connect with the identified group(s). Example 617(2): An Owner has identified the disabled as least likely to apply and has decided to send letters on a quarterly basis to the Case Manager at a non-profit organization coordinating housing for adults with developmental disabilities. Additionally, the Owner will advertise upcoming vacancies in a monthly newsletter circulated by an organization serving the hearing impaired.
5. (e) The Owner must assess the success of Affirmative Marketing efforts by annually reviewing the Development's demographics in relation to the housing area. The plan must be updated every five (5) years to fully capture demographic changes in the housing's market area.
6. (f) Owners must maintain records of marketing efforts which will be reviewed by the Department during onsite monitoring visits. Example 617(3): The Owner keeps copies of all quarterly correspondence mailed to the contacts or community groups identified in the Affirmative Marketing Plan. The letters are dated and addressed and show that the Owner is actively marketing vacancies, or a waiting list to the groups identified in the Owner's plan. Failure to maintain a reasonable Affirmative Marketing Plan and documentation of marketing efforts on an annual basis will result in a finding of noncompliance.
7. (g) If a Development does not have any vacant units, Affirmative Marketing is still required and Owners must maintain a waiting list. If a Development does not have any vacancies and the waiting list is closed, Affirmative Marketing is not required until a new vacancy occurs or the waitlist is opened.

Source Note:The provisions of this §10.617 adopted to be effective November 28, 2013, 38 TexReg 8410.