Montgomery County, NC Analysis of Impediments to Fair … · Montgomery County, NC Analysis of...
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MontgomeryCounty,NCAnalysisofImpedimentstoFairHousing
Prepared by:
Piedmont Triad Regional Council
Winston‐Salem, NC
August, 2012
Montgomery County Analysis of Impediments to Fair Housing
TABLEOFCONTENTSTABLE OF CONTENTS ..................................................................................................................................... 0
INTRODUCTION & EXECUTIVE SUMMARY .................................................................................................... 1
A. The Document ................................................................................................................................... 1
B. Participants ....................................................................................................................................... 1
C. Methodology ..................................................................................................................................... 1
D. Funding ............................................................................................................................................. 1
E. Conclusions ....................................................................................................................................... 1
JURISDICTIONAL DEMOGRAPHICS AND BACKGROUND ............................................................................... 3
A. Demographics ................................................................................................................................... 3
B. Housing Characteristics ..................................................................................................................... 4
FAIR HOUSING PROFILE ................................................................................................................................ 6
A. Fair Housing Complaints & Discriminations Suits ............................................................................. 6
B. Trends and Patterns .......................................................................................................................... 6
Impediments to Fair Housing ...................................................................................................................... 11
A. Public Sector ................................................................................................................................... 11
B. Private Sector Lending Practices ..................................................................................................... 13
C. Public and Private Sector ................................................................................................................ 14
Determination of Unlawful Segregation or Other Housing Discrimination ................................................ 15
Conclusions and Recommendations ........................................................................................................... 15
A. Conclusions ..................................................................................................................................... 15
B. Recommendations .......................................................................................................................... 15
ATTACHMENT 1 ....................................................................................................................................... 17
ATTACHMENT 2 ....................................................................................................................................... 21
ATTACHMENT 3 ....................................................................................................................................... 22
Montgomery County Analysis of Impediments to Fair Housing ‐1‐
INTRODUCTION&EXECUTIVESUMMARYHUD regulations require Community Development Block Grantees that accept HUD program funds to
certify that they will affirmatively further fair housing as part of the grant obligations. HUD defines
impediments to fair housing choice as any “actions, omissions, or decisions made on the basis of race,
color, religion, sex, disability, familial status, or national origin that have the effect of restricting housing
choices or the availability of housing choices”.
The purpose of this document is to serve as a detailed plan for policy makers, administrative staff,
housing providers, lenders, and fair housing advocates to assist in building public support for fair
housing efforts in Montgomery County.
A. TheDocumentThis Analysis of Impediments to Fair Housing was conducted by the Piedmont Triad Regional Council as a
courtesy to Montgomery County and in demonstration of compliance with Department of Commerce
conditions related to County Community Development Block Group grant projects.
B. ParticipantsThis Analysis includes Montgomery County and its municipalities of Biscoe, Candor, Mt. Gilead, Star and
Troy.
C. MethodologyThe data used in this Analysis is based on the US Census Bureau’s 2010 Census and the 2006‐2010
American Community Survey 5 year estimates, along with information provided by the North Carolina
Department of Commerce Division of Employment Security and the US Bureau of Labor Statistics.
D. FundingThis Analysis was conducted by the Piedmont Triad Regional Council as a courtesy to Montgomery
County. No costs were incurred by the County to prepare this document.
E. ConclusionsThis Analysis has identified that the obstacles identified in previous fair housing plans submitted by the
County continue to exist.
Impediments Found a. Lack of adequate numbers of affordable housing units available to low and moderate
income households.
b. Lack of coordination between the public and private sector, including financial
institutions, builders, relators and fair housing advocates.
Recommended Actions to Address Impediments a. Engage public and private stakeholders through outreach activities to promote fair
housing in Montgomery County.
Montgomery County Analysis of Impediments to Fair Housing ‐2‐
b. Preserve existing affordable housing stock through the administration of federal and
state grant and loan programs.
c. Secure additional funding to support the development of additional units under existing
Public Housing Authorities operating in the County.
d. Seek partners to establish a non‐profit community housing development organization to
develop and manage new affordable housing projects.
Montgomery County Analysis of Impediments to Fair Housing ‐3‐
JURISDICTIONALDEMOGRAPHICSANDBACKGROUND
A. DemographicsMontgomery County is part of the 12‐County Piedmont Triad Region, lying in south central North
Carolina. The County is home to five municipalities, with Troy serving as the County Seat.
Figure 1. Montgomery County and the Piedmont Triad Region
Figure 2. Montgomery County Jurisdictions
Montgomery County Analysis of Impediments to Fair Housing ‐4‐
Population The current population of Montgomery County is 27,798. The racial makeup of the County is 68.9%
white, 18.8% African American, and 14.6% Hispanic (2010 Census).
Income The median household income in Montgomery County is $33,861. This is substantially lower than the
regional median household income of $44,078. In Montgomery County, 40.8% of households are at or
below 80% of the median household income and 12.3% of households are at or below 30% of median
household income (2006‐2010 American Community Survey).
Poverty The 2010 poverty rate of Montgomery County is 23.2%. This is the highest county poverty rate in the 12‐
county Piedmont Triad region, and higher than the regional poverty rate of 15.8% (2006‐2010 American
Community Survey).
Education Educational attainment is highly correlated to both poverty and income rates. In Montgomery County,
72.1% of residents 25 or older hold a High School diploma (or equivalent), as compared to 82.4% in
North Carolina as a whole (2006‐2010 American Community Survey).
Employment The 2010 annual average employment in Montgomery County was 8,482, with a total labor force of 12,
412 (2006‐2010 American Community Survey). The most common occupations are in Manufacturing,
Education and Health Services; Trade, Transportation & Utilities and Public Administration. The average
annual wage is $30,264 – below the average for the Piedmont Triad Region (NC Department of
Commerce, 2010).
The May 2012 unemployment rate for Montgomery County was 11.5% – higher than the State
unemployment rate of 9.4% (Bureau of Labor Statistics, 2012).
Commuting rates into and out of Montgomery County are relatively low in comparison to the rates of
other counties in the Piedmont Triad region (2006‐2010 American Community Survey).
B. HousingCharacteristicsAccording to the North Carolina Housing Finance Agency, 30.9% of households in Montgomery County
are experiencing housing problems, which are defined as paying more than 30% of income toward
housing, having inadequate kitchen or plumbing facilities or experiencing overcrowding (more than one
person per room), (North Carolina Housing Finance Agency, 2010).
Housing Units In 2010, the County had a total of 15,914 total housing units. 10,544 units were occupied, with a
vacancy rate of 33.7%. This unusually high vacancy rate can be attributed in part to the high number of
seasonal units (3,912) found in Montgomery County (2010 Census). 73.1% of units are owner‐occupied,
Montgomery County Analysis of Impediments to Fair Housing ‐5‐
with a median value of $83,100. 61.3% of units are single‐family, 4.2% of units are found in multi‐unit
structures, and 34% of units are manufactured homes. 53% of all housing units have been constructed
since 1980 (2006‐2010 American Community Survey).
Households Montgomery County is home to 10,544 households, with an average household size of 2.53 people
(2010 Census). The majority of households are comprised of families (69.5%), followed by individuals
living alone (27.2%). 6.18% of households have no access to a vehicle for private use (American
Community Survey, 2006‐2010).
Housing Costs The median housing costs for mortgage holders was $926, non‐mortgage owners $289, and renters
$506. 34% of owner‐occupied households and 48% of renters are spending one‐third or more of their
household income on monthly housing costs (2010 Census).
The fair market rental cost of a two‐bedroom unit in Montgomery County is $588 per month, which is
out of reach of 45% of renters in the county (North Carolina Housing Finance Agency, 2010).
Montgomery County Analysis of Impediments to Fair Housing ‐6‐
FAIRHOUSINGPROFILE
A. FairHousingComplaints&DiscriminationsSuitsState The North Carolina Human Relations Commission provides consumer education, complaint
investigation, resolution, and enforcement of fair housing law to Montgomery County, and serves to
enforce the North Carolina Human Rights Act. This agency develops state fair housing goals and policies,
assists agencies within the state in developing fair housing plans, supports local fair housing
commissions throughout the state, and serves as a clearinghouse of fair housing information and
resources for citizens of North Carolina. Additionally, the HRC accepts and mediates fair housing
complaints that are filed within the state.
The North Carolina Human Relations Commission was contacted to provide the number and type of fair
housing complaints received from Montgomery County for 2007‐2011. According to the information
provided, no complaints have been received in the past five years.
Federal The Housing and Civil Enforcement Section of the US Department of Justice is responsible for protecting
the right to access housing free from discrimination through enforcement of provisions of the 1968 Fair
Housing Act. The Department of Housing and Urban Development (HUD) accepts complaints from any
person who feels their housing rights have been violated, complaints regarding Section 504 of the 1973
Rehabilitation Action, which prohibits federal funding recipients from discrimination against persons
with disabilities.
The US Department of Justice and the Greensboro HUD Field Office were contacted to confirm that no
discrimination suits have been filed in the past five years or are pending against Montgomery County.
While no complaints or suits have been filed recently in Montgomery County, this does not necessarily
indicate that illegal housing activities do not exist in the County; it merely indicates that these activities
are not being reported. The County has an adopted plan to further fair housing, and publishes its fair
housing complain procedures (attached).
B. TrendsandPatternsLow and Moderate Income Geographic Distribution Low income is defined for CDBG purposes as a household whose income is 50% of the area median.
Similarly, moderate income households are defined as those with income is at least 50% of the area
median, but less than 80% of the area median. Concentrations of households meeting these definitions
were mapped based on 2006‐2010 American Community Survey data (Figure 3 & 4). As the maps
illustrate, households meeting these thresholds are concentrated in southwestern Montgomery County,
and to a lesser degree, in the northeastern quadrant of the County.
Montgomery County Analysis of Impediments to Fair Housing ‐7‐
Figure 3. Montgomery County Households, 50% of AMI
Montgomery County Analysis of Impediments to Fair Housing ‐8‐
Figure 4. Montgomery County Households, 80% of AMI
Montgomery County Analysis of Impediments to Fair Housing ‐9‐
Minority Geographic Distribution US DOT Order 5610.2 on Environmental Justice defines a minority as a person falling into one or more of
the following groups: Black, Hispanic, Asian American, American Indian, or Pacific Islander.
Concentrations of individuals meeting these definitions were mapped based on 2006‐2010 American
Community Survey data (Figure 5). As the map illustrates, minority populations are concentrated in the
southwestern most census tract, which includes Mt. Gilead.
Figure 5. Montgomery County Minority Concentration, by Census Tract
Montgomery County Analysis of Impediments to Fair Housing ‐10‐
Reasons for Trends There are numerous, interrelated reasons that could explain the overlapping concentrations of low to
moderate income and minority households in Montgomery County. Like many other jurisdictions in the
southeastern US, historical patterns of segregation, limited availability of essential utilities, and limited
representation of impacted groups all contribute to these trends. The substantial US National Forest
land holdings in the County also limit the availability of land for development.
While Montgomery County actively provides affordable housing assistance through state and federal
grant assistance, the County lacks external resources that could complement these programs, such as
community‐based housing advocacy groups organized to address the issues of both supply and demand
for affordable housing and aid in community education and engagement regarding fair housing issues.
Demographic trends affecting the demand for affordable housing include continued growth in the
Hispanic population and the increasing percentage of older adults in the County. Numerous barriers
exist in providing affordable housing to these growing segments of the population, including language
barriers; lack of knowledge of government housing programs and services; a distrust of government, and
the unmet demand for units with handicapped accessibility.
Other Fair Housing Concerns Though there are a limited number of public housing facilities in Montgomery County, they are well
distributed, with Public Housing Authorities located in Mt. Gilead, Star and Troy. While each authority is
independent, they are administered jointly by the Troy Housing Authority. A total of 138 units are
provided, with 5 units specifically designed for handicap accessibility. Accommodations such as ramps,
and handrails are provided in non‐handicapped accessible units to improve accessibility and visitability
as requested and as funding permits. With more than 100 applicants on the waiting list – some for more
than five years, new applications for housing are no longer being accepted. There are unmet housing
needs at both ends of the unit spectrum: with the greatest demand for the smallest (1 and 2 bedroom)
and the largest (4‐5 bedroom) units.
25 Housing Choice (Formerly Section 8) rental vouchers are currently provided by the housing
authorities, with priority for non‐elderly disabled and handicapped applicants.
An emerging concern is the growing homeless population in Montgomery County. While the 2012 Point
in Time count of homeless individuals indicates a homeless population of 7 (NC Coalition to End
Homelessness, 2012), there are currently no emergency or transitional shelter facilities to serve
individuals or families experiencing homelessness in Montgomery County.
Montgomery County Analysis of Impediments to Fair Housing ‐11‐
IMPEDIMENTSTOFAIRHOUSING
A. PublicSectorZoning & Site Selection Montgomery County first adopted a Zoning Ordinance in 1985. The Ordinance is designed to balance
protection and development interests in accordance with the County’s Land Use Plan adopted in July,
2010. These zoning regulations are designed to accommodate adequate and diverse housing options.
The vast majority of Montgomery County’s zoning jurisdiction permits the development of single family
residential units on individual lots as a use by right. The subdivision of land for the purpose of
residential development is subject to the County’s adopted Subdivision Ordinance. Multi‐family units
are permitted in the R‐2 zoning district. Zoning ordinances are also administered within each
municipality, each providing zoning districts which accommodate both single family and multi‐family
housing.
New housing development has declined Montgomery County over the past five years, primarily as a
result of the unfavorable economic conditions in North Carolina and the United States as a whole. This
general decline has impacted the provision of new affordable housing units in the County, with demand
for affordable units continuing to outpace the supply.
A review of local ordinances and policies did not reveal obstacles to low income households obtaining
adequate affordable housing.
Employment, Transportation and Supportive Services Montgomery County is experiencing a high unemployment rate, with the labor force outpacing available
jobs. Employment opportunities in the county are typically clustered in or nearby municipalities. Job
training opportunities are provided at Montgomery County Community College through the JobLink
Career Center. Services include academic vocational assessment, career planning and development, job
seeking/retention and employment referrals, and career counseling.
Montgomery County provides a wide range of supportive services as mandated by the Federal, State
and County government. These include public health services, environmental health services and social
service programs that provide assistance to qualifying low income households and older adults. Other
services of general community benefit include law enforcement, waste disposal, water and sewer, fire
protection, schools, senior services, and animal control.
In Montgomery County access to employment opportunities and supportive services for low income
households is achieved through a range of transportation options. Montgomery County is served by the
Regional Coordinated Transportation System (RCATS), which expanded services to Montgomery County
in 2003. Curb‐to‐Curb transportation services for older adults, persons with disabilities, human service
agencies, and the general public are provided within the county, along with limited out‐of‐county
medical trips. Financial subsidies are available to qualifying individuals. Networks of sidewalks provide
pedestrian accommodations within each municipality, but do not extend into the rural areas of the
County, or connect one community to the next.
Montgomery County Analysis of Impediments to Fair Housing ‐12‐
A review of these County programs and services did not reveal obstacles to low income households
obtaining adequate affordable housing, or policies that would restrict housing choice based on race,
color, religion, sex, disability, familial status or national origin.
Public Housing Authorities and Housing Choice Though there are a limited number of public housing facilities in Montgomery County, they are well
distributed, with Public Housing Authorities located in Mt. Gilead, Star and Troy. While each authority is
independent, they are administered jointly by the Troy Housing Authority. A total of 138 units are
provided, with 5 units specifically designed for handicap accessibility. Accommodations such as ramps,
and handrails are provided in non‐handicapped accessible units to improve accessibility as needed.
25 Housing Choice (Formerly Section 8) rental vouchers are currently provided by the housing
authorities, with a priority for non‐elderly disabled and handicapped applicants. With more than 100
applicants on the waiting list – some for more than five years, new applications for housing no longer
accepted. There are unmet housing needs at both ends of the unit spectrum; with the greatest demand
for the smallest (1 and 2 bedroom) and the largest (4‐5 bedroom) units.
A phone interview with PHA staff to review their programs and services did not reveal policies that
restrict housing choice based on race, color, religion, sex, disability, familial status or national origin.
Sale of Subsidized Housing and Displacements At the time of this report, there had been no sales of subsided housing units, or related displacements in
Montgomery County.
Property Tax Policy Property tax exemptions and exclusions in Montgomery County are governed by the North Carolina
State Statutes. State law provides for homestead exemptions for older adults (65+), the disabled,
disabled veterans and spouses of deceased disabled veterans. Income limits apply in some cases, and
exemptions apply only to the primary residence of a qualifying homeowner.
Planning & Zoning Boards The Montgomery County Planning and Zoning Board is made up of 5 citizens, appointed by the Board of
County Commissioners. The Planning Board serves as the statutory advisory board to the Board of
County Commissioners on all matters related to community planning, zoning and land use. Each
municipality has a similar advisory board of appointed individuals authorized to consider planning,
zoning and land use issues in their respective jurisdictions.
Building Codes and Accessibility Montgomery County enforces the 2012 North Carolina State Building Fire, Fuel Gas, Mechanical, and
Plumbing Code, the 2011 North Carolina Electrical Code, and the 2012 Residential Energy Conservation
Code. Enforcement of accessibility standards originates from Chapter 11 of the Commercial Building
Code, and the American National Standards Institute (ANSI) A117.1 Standard adopted in 2009.
Montgomery County Analysis of Impediments to Fair Housing ‐13‐
B. PrivateSectorLendingPracticesMontgomery County is served by a number of financial institutions, including banks, savings and loans
and credit unions. Home Mortgage Disclosure Act (HMDA) data reports for Montgomery County were
reviewed from 2006‐2010. Since 2006, applications for home financing have been decreasing slightly in
Montgomery County (Figure 6). The rate of loan denials also decreased over the same time period. The
most common reasons cited for loan denials were credit history, collateral and debt‐to‐income ratio.
The six Census tracts that lie in Montgomery County have been identified as distressed or underserved
according to the Federal Financial Institutions Examination Council (FFIEC).
Figure 6. Montgomery County Mortgage Loan Filing Characteristics, 2006‐2010 Mortgage Characteristic 2006 2007 2008 2009 2010
Total Mortgage Applications 1,551 1,386 1,128 1,050 828
Total Value of Applications $187,008,000 $192,924,000 $153,405,000 $167,135,000 $144,701,000
Average Loan Value $120,000 $139,000 $135,000 $159,000 $174,000
Average Applicant Income $80,000 $93,000 $92,000 $90,000 $113,000
Application Purpose
Home Purchase 617 482 287 257 245
Home Improvement 140 121 104 74 36
Refinance 794 783 737 719 547
Applications Denied by Financial Institution
436 378 360 236 184
Percentage Denied 28.11% 27.72% 31.91% 22.47% 22.22%
Source: US Federal Reserve Board, Home Mortgage Loan Application Register Disclosure Act Filings, 2006‐2010
In 2011, 101 foreclosures were filed in Montgomery County ‐ accounting for 2.6% of total mortgages
held. The number of foreclosure filings in Montgomery County increase significantly since 1998, but
appears to be leveling off since peaking in 2008 (Figure 7) (North Carolina Court System, 2012).
Figure 7. Montgomery County Foreclosure Filings, 1998‐2010
Source: North Carolina Court System, 2012
20
30
40
50
60
70
80
90
100
110
120
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Foreclosure Filings
Year
Montgomery County Analysis of Impediments to Fair Housing ‐14‐
C. PublicandPrivateSectorFair Housing Enforcement Enforcement of fair housing laws is the responsibility of all parties involved in the marketing, financing,
development, and oversight of housing in Montgomery County.
As part of the requirements for accepting Community Development Block Grant (CDBG) funding,
Montgomery County has adopted a five‐year plan to further fair housing and a fair housing complaint
procedure. The plan prescribes public outreach activities and the adoption of policies for accepting and
handling complaints regarding fair housing. As noted in the plan, the County distributes information
regarding fair housing to financial institutions, realtors and rental property managers. These materials
include brochures, posters, and public notices regarding fair housing law and complaint procedures.
The Montgomery Herald, based in Troy, is the primary newspaper published in Montgomery County. A
review of the Herald’s publication policies demonstrates that the paper does not knowingly accept or
publish discriminatory advertisements for the sale or rental of housing and regularly prints the HUD
Publisher’s Notice to the Public in the classified section.
Information and Outreach Montgomery County’s adopted five‐year plan to further fair housing includes conducting workshops in
addition to the distribution of fair housing materials as described above. Workshops are designed to
reach all parties involved in housing, including financial institutions, the public housing authorities,
realtors and the public. The workshop is intended to cover topics related to fair housing including
renter’s rights, landlord responsibilities, and the law regarding discrimination.
Visitability HUD encourages the incorporation of accessible design and construction features, in addition to those
that are required, into all housing developed with HOME program funds, in order to provide
"visitability." Housing that is "visitable" has a basic level of accessibility that enables persons with
disabilities to visit friends, relatives, and neighbors in their homes within a community.
Montgomery County has actively undertaken measures to comply with ADA accommodation
requirements in all public facilities, including the update of Section 504 policies and completion of the
self‐evaluation survey. These documents are attached (Attachment 3). The Public Housing Authorities
serving the County regularly provide ADA improvements to units that improve visitability and general
accessibility.
Coordination between public and private providers of fair housing is occurring, but is fractured and the
demand for affordable housing is higher than the supply both public and private units.
Montgomery County Analysis of Impediments to Fair Housing ‐15‐
DETERMINATION OF UNLAWFUL SEGREGATION OR OTHER HOUSINGDISCRIMINATIONAt this time, there are no known determinations of unlawful segregation or other housing discrimination
made by the Courts. Similarly, no HUD findings of non‐compliance regarding assisted housing in
Montgomery County were identified.
CONCLUSIONSANDRECOMMENDATIONS
A. ConclusionsMontgomery County is primarily rural, with population clustered in and around the municipalities and
along the lakeshore that makes up the western border of the County. High unemployment, paired with
high foreclosure rates make affordable housing difficult to obtain for many low and moderate income
households. With continued growth in the both the Hispanic population and percentage of older adults,
the demand for affordable housing continues to outpace the supply.
More than 1/3 of the households in Montgomery County are paying more than 30% of their income
toward housing, with an equal number of households experiencing housing problems related to
affordability, inadequate facilities or overcrowding.
While there are no unresolved fair housing complaints in Montgomery County at this time, this does not
mean there are no fair housing issues. Outreach programs to inform low and moderate income of their
housing rights are in place, along with procedures to address grievances locally.
B. RecommendationsThe affordable housing assistance programs available in Montgomery County are overburdened. Other
state and federal programs that address affordable housing needs should be used to bring additional
resources to the County. The following strategies should be implemented to address the housing needs
of low and moderate income households in the county:
Preserve Affordable Housing Stock A program to identify and repair qualifying homes would preserve the quality of existing affordable
homes in the County. The program could utilize federal and state funds to provide loans and grants
targeted to maintain qualifying existing homes.
Expand Housing Authority Programs The Public Housing Authorities serving Montgomery County have a demonstrated need for additional
facilities, units and vouchers. Provide additional financial support to development additional capacity to
address the demand for affordable housing.
Outreach to the Private Sector Continued work with local realtors, builders and financial institutions would enhance awareness for the
demand for affordable housing in Montgomery County and encourage the provision of conventional
Montgomery County Analysis of Impediments to Fair Housing ‐16‐
affordable housing units. This could be achieved through providing information, conducting g workshop
and attending meetings.
Outreach to the Public Continue existing programs designed to improve public awareness of fair housing issues, including the
publication of notices in the local newspaper in both English and Spanish and the distribution of
materials in both languages.
Establish a Community Housing Development Organization Working with fair housing advocates, the establishment of a non‐profit Community Housing
Development Organization (CHDO) in Montgomery County could provide a critical partner in the
development and management of affordable housing. A CHDO organized and structured according to
the standards provided in the HOME regulations would be eligible for a set‐aside of federal HOME
program funds.
Enforcement of Policies and Ordinances Existing land development policies and zoning and ordinances should be reviewed to insure that
affordable housing outcomes can be achieved in an equitable manner. Implementation of the adopted
Fair Housing Plan should continue, with updates as needed.
Montgomery County Analysis of Impediments to Fair Housing ‐17‐
ATTACHMENT1Recipient’s Plan to Further Fair Housing
Grantee: Montgomery County
Recipient’s Address: 102 E. Spring Street, PO Box 425 Troy, N.C. 27371
Contact Person: Matthew Woodard Contact Phone #: (910) 576‐4221
Contact Email: [email protected] TDD #:1‐800‐735‐8262
I. Indicate if the Recipient will be affirmatively furthering fair housing for the first time or has
implemented specific activities in the past. First Time_______ Past Activities___X___ II. Identify and analyze obstacles to affirmatively furthering fair housing in recipient’s community. (Use additional pages as necessary) This plan states how Montgomery County will continue to implement activities to affirmatively further fair housing and comply with Title VIII of the Civil Rights Act of 1968. Obstacles to fair housing include:
Lack of knowledge among housing agencies concerning Title VIII requirements III. Will the above activities apply to the total municipality or county? Yes__X___ No_____ If no, provide an explanation.
(Use additional pages as necessary) IV. Briefly describe the quarterly activities that the recipient will undertake over the active period
of the grant to affirmatively further fair housing in their community. A time schedule and estimated cost for implementation of these activities must be included. Activities must be
scheduled for implementation at least on a quarterly basis. (See attached table)
Montgomery County Analysis of Impediments to Fair Housing ‐18‐
Grantee Name: Montgomery County
Quarterly Fair Housing Activity Months Year Estimated Cost
Actual Cost
Adopt Fair Housing Plan and updated complaint procedures
July‐Sept 2012 $100
Request Fair Housing marketing materials from the North Carolina Housing Coalition to be made available to the public
July‐Sept 2012 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
July‐Sept 2012 $200
Post materials in English and Spanish in public buildings across the county, including County offices, libraries and municipal offices
Oct‐Dec 2012 $100
Distribute fair housing materials to lending institutions across the county
Oct‐Dec 2012 $200
Distribute fair housing materials to community and citizen organizations across the county
Oct‐Dec 2012 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Oct‐Dec 2012 $200
Conduct fair housing workshop regarding Title VIII
Jan‐Mar 2013 $500
Distribute fair housing materials to churches across the county
Jan‐Mar 2013 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Jan‐Mar 2013 $200
Distribute fair housing materials to community centers, senior centers and congregate meal sites
Apr‐June 2013 $100
Distribute fair housing materials to post offices
Apr‐June 2013 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Apr‐June 2013 $200
Reassess Fair Housing strategies; update as needed
July‐Sept 2013 $200
Distribute fair housing materials to post offices
July‐Sept 2013 $100
Post materials in English and Spanish in public buildings July‐Sept 2013 $100
Montgomery County Analysis of Impediments to Fair Housing ‐19‐
Quarterly Fair Housing Activity Months Year Estimated Cost
Actual Cost
across the county, including County offices, libraries and municipal offices
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
July‐Sept 2013 $200
Distribute fair housing materials to lending institutions across the county
Oct‐Dec 2013 $100
Distribute fair housing materials to community and citizen organizations across the county
Oct‐Dec 2013 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Oct‐Dec 2013 $200
Distribute fair housing materials to lending institutions across the county
Jan‐Mar 2014 $100
Conduct fair housing workshop regarding Title VIII
Jan‐Mar 2014 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Jan‐Mar 2014 $200
Distribute fair housing materials to community and citizen organizations across the county
Apr‐June 2014 $100
Distribute fair housing materials to churches across the county
Apr‐June 2014 $100
Advertisement of the Fair Housing complaint procedure in the local newspaper, including the state TDD number
Apr‐June 2014 $200
Develop updated five‐year Fair Housing Plan for consideration by the Board of commissioners
Apr‐June 2014 $500
V. Describe recipient’s method of receiving and resolving housing discrimination complaints.
This may be either a procedure currently being implemented or one to be implemented under this CDBG grant. Include a description of how the recipient informs the public about the complaint procedures. (Use additional pages as necessary)
Fair Housing complaints are received and resolved using the procedures as currently implemented by the County and updated in June, 2012. The procedure is outlined as follows:
Montgomery County Analysis of Impediments to Fair Housing ‐21‐
ATTACHMENT2
Where To Get Help and
What To Do If You Are Discriminated Against
If you feel you have been discriminated against you can:
1. Contact the Montgomery County Manager at 102 East Spring Street, Troy, NC 27371, or by
telephone at 910‐576‐4221. The County Manager will assist you with filing a complaint to the
North Carolina Human Relations Commission.
2. Contact and / or file a complaint with the North Carolina Human Relations Commission, 1318
Mail Service Center, Raleigh, NC 27699‐1318, or telephone the Commission at 919‐733‐7996.
3. Contact the North Carolina Fair Housing Center at 919‐667‐0888.
Montgomery County Analysis of Impediments to Fair Housing ‐22‐
ATTACHMENT3
504 SELF-EV504 SELF-EVALUATION SURVEY
CDBG/HUD RECIPIENT INFORMATION CDBG/HUD RECIPIENT NAME Montgomery County CDBG/HUD RECIPIENT ADDRESS PO Box 425 _____Troy, NC 27371-0425 NAME OF HR STAFF PERSON RESPONSIBLE FOR SELF-EVALUATION SURVEY: Matthew Woodard EMAIL: [email protected] PHONE NUMBER: 910-576-4221 DATE SELF-EVALUATION WAS COMPLETED: 6/1/12
Montgomery County Analysis of Impediments to Fair Housing ‐23‐
SECTION 504 COMPLIANCE SECTION 1. PROGRAM OUTREACH AND COMMUNICATION For each question in this section circle either Yes or No. If a question does not apply to your HR, then write “N/A” next to the question and explain below. If your response to a question is No, then identify what modification to policies and practices will be undertaken or what corrective action will be taken to remedy any discrimination found. In some cases, a Yes answer will also require that additional information be supplied to complete the evaluation process. NOTIFICATION
1. Has the HR taken steps to notify participants, applicants, employees, and unions or professional organizations that it does not discriminate on the basis of disability? Yes No
Yes – Briefly describe the methods used to notify the public about non-discrimination
policies. All employees and beneficiaries are notified of their rights under Section 504/ADA at hiring and as further stated in the County Personnel Policy Manual. The County strives to meet all Section 504 and ADA requirements in regard to organization and administration in its hiring and contracting practices and in the County's Personnel Policy. It is the policy of the County to assure all handicapped individuals that they will not be discriminated against in their access to employment by the County, services provided by the County, or public meetings of County boards.
No – Modification or corrective action:
2. Has the HR adopted special procedures to notify persons with disabilities, especially those with vision and hearing impairments? Yes No
Yes – Briefly describe the methods used to ensure program participation by those who
have visual or hearing impairments. The County utilizes the North Carolina TDD Relay (800) 735-2962. A public address system is available in the Commissioners meeting room to enable those with hearing impairments to participate in the meetings held there. The County Clerk makes available upon request public records in large print or a reader when necessary. Meetings are publicized through the postings in County facilities, the local newspaper, and radio in an attempt to reach both the hearing and sight impaired.
No – Modification or corrective action:
Montgomery County Analysis of Impediments to Fair Housing ‐24‐
PRINTED MATERIALS
1. Are written materials including posters with non-discrimination notices placed in physically accessible locations? Yes No
2. Can small print of posted announcements be read from a wheelchair? Yes No
3. Are all words in printed materials clearly legible? Yes No
4. Would color-blind individuals be able to distinguish all contents in printed materials?
Yes No
5. Are representations of disabled individuals free of patronizing stereotypes? Yes No
6. Do graphics in printed material permit easy reading of the contents? Yes No
7. Is all necessary program information included in printed material? Yes No
8. Are procedures for providing program access to disabled individuals stated clearly? Yes No
9. Do all appropriate HR documents now include policy statements about non-
discrimination on the basis of disabilities? Yes No
10. Are the Section 504 contact person’s name, address, and phone number listed in printed material? Yes No
No to any question above – Modification or corrective action: INFORMATION DISSEMINATION
1. Can copies of written materials be reasonably obtained by individuals with disabilities?
Yes No
2. Have disability groups been included in the dissemination process? Yes No
3. Does the HR use all available print and broadcast media to ensure that all individuals with disabilities receive appropriate notification? Yes No
4. Does the HR disseminate information to all agencies or organizations that deal with
persons with disabilities in the HR service jurisdiction? Yes No
5. Does all of the information disseminated by the HR include current non-discrimination policies? Yes No
Montgomery County Analysis of Impediments to Fair Housing ‐25‐
No to any question above – Modification or corrective action:
COMMUNICATION
1. Has the HR taken appropriate steps to ensure effective communication with applicants, program participants, and members of the public by providing auxiliary aids where necessary so that individuals with disabilities (particularly persons with impaired vision or hearing) can have the opportunity to participate in, and enjoy the benefits of HR programs and activities? Yes No
No – Modification or corrective action: 2. Has the HR installed a telecommunications device (TDD) to communicate with
hearing impaired and deaf persons? Yes No No – Modification or corrective action: 3. If the HR has a TDD, is the number listed in the commercial telephone or TDD
directories? Yes No N/A (HR does not have a TDD)
No – Modification or corrective action:
4. Has the HR installed a reader, developed Braille materials, audio recordings or other similar services and devices for persons with impaired vision? Yes No
No – Modification or corrective action:
SECTION 2. COMPLAINT PROCESSING PROCEDURES For each question in this section circle either Yes or No. If a question does not apply to your HR, then write “N/A” next to the question and explain below. If your response to a question is No, then identify what modification to policies and practices will be undertaken or what corrective action will be taken to remedy any discrimination found. In some cases, a Yes answer will also require that additional information be supplied to complete the evaluation process.
1. Does the HR have a written policy for handling complaints of discrimination based on disability? Yes No
Yes – Montgomery County officially adopted and approved a Handicapped Discrimination
Policy Statement and Grievance Procedure on June 19th, 2012 (See Attachment). No – Modification or corrective action:
Montgomery County Analysis of Impediments to Fair Housing ‐26‐
2. Has the HR adopted procedures that incorporate due process standards and allow for
prompt resolution of any complaints or alleged discrimination based on disabilities? Yes No
Yes – Montgomery County officially adopted and approved a Handicapped Discrimination
Policy Statement and Grievance Procedure on June 19th, 2012 (See Attachment).
No – Modification or corrective action: 3. Has the HR notified staff and program participants about the grievance procedures?
Yes No
No – Modification or corrective action: SECTION 3. ELIGIBILITY AND ADMISSION CRITERIA For each question in this section circle either Yes or No. If a question does not apply to your HR, then write “N/A” next to the question and explain below. If your response to a question is No, then identify what modification to policies and practices will be undertaken or what corrective action will be taken to remedy any discrimination found. In some cases, a Yes answer will also require that additional information be supplied to complete the evaluation process.
1. Has the HR examined all policies pertaining to program eligibility and admission criteria to determine if they had the purpose or effect or excluding or limiting the participation of individuals with disabilities in HR programs and activities? Yes No
No – Modification or corrective action:
2. Has the HR, in examining its policies on program eligibility and admission criteria,
paid particular attention to those incorporating or establishing: physical or mental fitness or performance requirements, safety standards, testing requirements, educational requirements, work experience requirements, income level requirements, credit rating requirements, requirements based on disability, requirements that prohibit participation because of disability, and insurability requirements? Yes No
No – Modification or corrective action:
3. Has the HR altered or eliminated policies that have the direct or indirect effect of excluding or limiting the participation of individuals with disabilities in HR programs and activities? Yes No N/A (explain below then skip to next section)
Yes- List any policies that have been altered or eliminated.
Montgomery County Analysis of Impediments to Fair Housing ‐27‐
No – Modification or corrective action: N/A: Explain: No policies have been identified as needing revision.
4. Has the HR communicated the policy changes to staff members and the public? Yes No N/A
No – Modification or corrective action:
SECTION 4. EMPLOYMENT POLICY AND PRACTICE For each question in this section, circle either Yes or No. If a question does not apply to your HR, then write “N/A” next to the question and explain below. If your response to a question is No, then identify what modification to policies and practices will be undertaken or what corrective action will be taken to remedy any discrimination found. In some cases, a Yes answer will also require that additional information be supplied to complete the evaluation process. REASONABLE ACCOMMODATION
1. Has the HR made a reasonable accommodation (an accommodation which does not impose an undue hardship on the HR operation) to the known physical or mental limitations of an otherwise qualified applicant with disabilities or employee with disabilities? Yes No N/A (explain below then skip to next section)
No – Modification or corrective action: N/A – Explain (e.g. have not had disabled applicants or employees):
IMPORTANT INFORMATION Reasonable accommodation would include making facilities used by employees accessible to and usable by individuals with disabilities, job restructuring, job relocation, part-time or modified work schedules, acquisition or modification of equipment and devices, the provision of readers or interpreters, and other similar actions. 2. In determining whether an accommodation imposed an undue hardship on the
operation of the HR program, were the following factors considered?
a) The overall size of the HR program with respect to the number of employees, number and type of facilities, and size of budget? Yes No
b) The type of the HR operation, including the composition and structure of the
work force? Yes No
c) The nature and cost of the accommodation? Yes No
Montgomery County Analysis of Impediments to Fair Housing ‐28‐
No to any question above - Modification or corrective action:
EMPLOYMENT CRITERIA
IMPORTANT INFORMATION The HR may not deny any employment opportunity to a qualified handicapped or disabled employee or applicant if the basis for the denial is the need to make reasonable accommodation to the physical or mental limitations of the employee or applicant.
1. If the HR uses an employment test or other criteria for selection that screens out or tends to screen out individuals with disabilities, can the HR show that the test score or other selection criteria is job related? Yes No N/A (explain below then skip to Q3)
No – Modification or corrective action: N/A – Explain (e.g. no such test/criteria used): 2. Has the HR obtained information from the appropriate HUD official that
demonstrates that alternative job-related tests or criteria that tend to screen out fewer individuals with disabilities are unavailable? Yes No
No – Modification or corrective action: 3. Does the HR administer tests which accurately reflect the applicant’s or employee’s
job skills or aptitude rather than the applicant’s or employee’s impaired sensory, manual, or speaking skills (except where those skills are the factors that the test is designed to measure)? Yes No
No – Modification or corrective action:
PRE-EMPLOYMENT INQUIRIES
1. Is the HR aware that it cannot make a pre-employment inquiry or conduct a medical examination of an applicant to determine whether the individual is a person with disability unless the HR is undertaking affirmative action efforts or conditioning an offer of employment on the results of a medical examination given to all prospective employees in the same job category? Yes No
Montgomery County Analysis of Impediments to Fair Housing ‐29‐
No – Modification or corrective action:
IMPORTANT INFORMATION HR may make a pre-employment inquiry into an applicant’s ability to perform job-related functions. 2. When the HR is undertaking affirmative action efforts, voluntary or otherwise, and
inviting applicants for employment to indicate whether and to what extent they are disabled, does the HR meet the following conditions:
a) State clearly either orally or in writing that the requested information is
intended for the HR’s affirmative action efforts? Yes No
b) State clearly that the information is being requested on a voluntary basis, that it will be kept confidential and that refusal to give the information will not subject the applicant or employee to any adverse treatment? Yes No
No to either question above - Modification or corrective action:
3. Has the HR informed job applicants that an employment offer may be conditioned on
the results of a medical examination if all entering employees in a job category must take an examination regardless of disability, and the examination accurately reflects the employee’s job skills? Yes No
No – Modification or corrective action:
4. Has the information obtained by the HR concerning the medical condition or history
of job applicants been collected and maintained on separate forms and accorded confidentiality as medical records? Yes No
No – Modification or corrective action:
IMPORTANT INFORMATION
Supervisors and managers may be informed of restrictions on the work or duties of individuals with disabilities and informed of necessary accommodations; first aid and safety personnel may be informed if the medical condition might require emergency treatment; and Section 504 compliance officers can have access to relevant medical information upon request.
Montgomery County Analysis of Impediments to Fair Housing ‐30‐
SECTION 5. PHYSICAL ACCESSIBILITY OF BUILDINGS AND FACILITIES
For each question in this section, circle either Yes or No. If a question does not apply to your HR, then write “N/A” next to the question and explain below. If your response to a question is No, then identify what modification to policies and practices will be undertaken or what corrective action will be taken to remedy any discrimination found. In some cases, a Yes answer will also require that additional information be supplied to complete the evaluation process.
REASONABLE ACCOMMODATION 1. Has the HR made a reasonable accommodation (any accommodation which does not
place an undue financial and administrative burden on the HR) to the known physical and mental limitations of qualified persons with disabilities to allow access to facilities, programs, and services? Yes No
No – Modification or corrective action: 2. In determining whether an accommodation imposed an undue financial or
administrative burden on the operation of the HR program, were the following factors considered:
a) The overall size of the HR’s program with respect to the number of
employees, number and type of facilities, and the size of budget? Yes No
b) The type of the HR operation, including the composition and structure of the workforce? Yes No
c) The nature and cost of the accommodation? Yes No
No to any question above – Modification or corrective action:
3. Has the HR identified the individual responsible for making the final decision about undue financial and administrative burdens? Yes No
Yes – Please identify the individual responsible for making the final decision: Final decisions regarding undue burden are made by the County Manager. No – Modification or corrective action: 4. Has the HR adopted a procedure for ensuring that decisions about undue financial and
administrative burdens are made properly and quickly? Yes No
Montgomery County Analysis of Impediments to Fair Housing ‐31‐
Yes – Montgomery County officially adopted and approved a Handicapped Discrimination Policy Statement and Grievance Procedure on June 19th, 2012 (See Attachment). No – Modification or corrective action: NON-HOUSING FACILITIES 1. Has the HR designed or constructed any new non-housing facilities since July 11,
1988? Yes No
No – Proceed to question 2. Yes – Are these new HR non-housing facilities designed and constructed to be readily accessible to and usable by individuals with disabilities? Yes No No – Modification or corrective action: 2. Has the HR otherwise altered any existing HR non-housing facilities or designed any
alterations to existing HR non-housing facilities since July 11, 1988. Yes No
No – Proceed to question 3. Yes – Have these alterations or designs for alterations to existing HR non-housing facilities, to the maximum extent feasible, been made so that the facilities are readily accessible to and usable by individuals with disabilities? Yes No No – Modification or corrective action:
IMPORTANT INFORMATION
HUD recipients are not necessarily required to make each of its existing non-housing facilities accessible to and usable by individuals with disabilities. In the case of historic preservation programs or activities, HR is not required to take any action that would result in a substantial impairment of significant historic features of a historic property. HR is not required to take any action that it can demonstrate would result in a fundamental alteration in the nature of its program or activity. HR is not required to take any action if the change would impose undue financial and administrative burdens. If the HR determines that making a facility accessible would result in significant or fundamental alterations or would cause undue financial or administrative burdens, the HR should use other methods of providing accessibility to ensure that individuals with disabilities receive program or activity benefits and services.
Montgomery County Analysis of Impediments to Fair Housing ‐32‐
3. Does the HR operate each non-housing program or activity receiving federal financial assistance so that the program or activity, when viewed in its entirety, is readily accessible to and usable by individuals with disabilities? Yes No
No – Modification or corrective action: 4. Does the HR need to make structural changes to non-housing facilities to achieve
program accessibility? Yes No No – Proceed to question 5. Yes - Has the HR developed a transition plan setting forth the steps necessary to complete such changes? Yes No
No – Modification or corrective action: Yes – Does the transition plan include the following?
a) Identification of the physical obstacles in the HR’s non-housing facilities
that limit accessibility to programs? Yes No
b) Detailed description of the methods that will be used to make the facilities accessible? Yes No
c) A schedule for taking the steps necessary to achieve compliance in making
facilities accessible? Yes No
d) A schedule for each year of the plan if the time period of the transition plan is longer than one year? Yes No
e) The name of the official responsible for implementation of the plan? Yes
No
f) The name(s) of the persons or groups who assisted with the preparation of the plan? Yes No
No to any question above – Modification or corrective action:
5. Has the HR determined that making a non-housing facility accessible to individuals
with disabilities would result in a fundamental alteration or would pose an undue financial or administrative burden? Yes No
No – Proceed to next section, Existing Housing Facilities and Programs.
Montgomery County Analysis of Impediments to Fair Housing ‐33‐
Yes - Have other methods of providing accessibility been considered? Yes No
No – Modification or corrective action: Yes – Please answer the following questions in the self evaluation.
Self Evaluation
1. Have services been reassigned to accessible facilities or accessible portions of facilities? Yes No
2. Have aides been assigned to beneficiaries? Yes No 3. Have home visits been conducted? Yes No 4. Has equipment been added or redesigned? Yes No 5. Have changes been made in management policies and procedures? Yes No 6. Have additional accessible facilities been acquired or constructed? Yes No 7. Have alterations to existing facilities on a selective basis been completed? Yes
No 8. Have other methods been employed? Yes No No to any question above – Modification or corrective action:
IMPORTANT INFORMATION HR is not required to make structural changes in existing facilities where other methods are effective in achieving compliance for program accessibility in non-housing environments. In choosing among available methods for meeting the requirements, the HR shall give priority to those methods that offer programs and activities to qualified individuals with disabilities in the most integrated setting appropriate.
Montgomery County Analysis of Impediments to Fair Housing ‐34‐
EXISTING HOUSING FACILITIES AND PROGRAMS
IMPORTANT INFORMATION
This section applies to the Rental Rehabilitation and Section 8 Moderate Rehabilitation Programs. 1. Has the HR made any substantial alterations to existing housing facilities since July
11, 1988 (that is, made to a facility with 15 or more units and costing an amount equal to 75 percent or more of the replacement cost of the completed facility?) Yes No N/A (no existing housing facilities meeting this criteria, skip to end)
Yes – Do the facilities with the substantial alterations meet the same accessibility requirements as those for new construction? Yes No No – Modification or corrective action: 2. Has the HR made other alterations to dwelling units since July 11, 1988? Yes No Yes – Have the altered units been made accessible to and usable by individuals with disabilities to the maximum extent feasible? Yes No No – Modification or corrective action: 3. Has the HR made alterations of single elements or spaces of dwelling units which,
when considered all together, amount to an alteration of the units since July 11, 1988? Yes No
Yes – In these units have the entire dwelling units been made accessible? Yes No No – Modification or corrective action:
IMPORTANT INFORMATION
HUD recipients should operate each existing housing program receiving federal financial assistance so that when viewed in its entirety, the program is readily accessible to and usable by persons with disabilities. HUD recipients are not necessarily required to make each of its existing facilities accessible. HR is not required to take any action if the change would impose undue financial and administrative burdens. If the HR determines that making a program accessible would result in significant or fundamental alterations or would cause undue financial or administrative burdens, the HR should use other methods of providing accessibility to ensure that individuals with disabilities receive program or activity benefits and services.
Montgomery County Analysis of Impediments to Fair Housing ‐35‐
4. Are a minimum of five percent of the dwelling units altered since July 11, 1988 (or more based on a higher need prescribed by HUD) readily accessible to individuals with mobility impairments? Yes No
No – Modification or corrective action: 5. Have alterations to common areas or parts of existing facilities been made (since July
11, 1988) to the maximum extent feasible, so that the areas are accessible to and usable by individuals with disabilities? Yes No
No – Modification or corrective action:
6. Has the HR determined that making an existing facility accessible to individuals with
disabilities would result in a fundamental alteration or would pose undue financial or administrative burdens? Yes No
Yes – Have the following options been considered:
a) Have services been reassigned to accessible facilities or accessible portions thereof? Yes No
b) Have aides been assigned to beneficiaries? Yes No c) Have home visits been conducted? Yes No d) Has equipment been added or redesigned? Yes No
e) Have changes been made in management policies and procedures? Yes
No
f) Have additional accessible facilities been acquired or constructed? Yes No
g) Have alterations to existing facilities on a selective basis been
completed? Yes No h) Have other methods been employed? Yes No
No to any question above – Modification or corrective action:
IMPORTANT INFORMATION HR is not required to make structural changes in existing facilities where other methods are effective in achieving compliance for program accessibility in housing environments or to provide supportive services that are not part of the program. In choosing among available methods for meeting the requirements, the HR shall give priority to those methods that offer programs and activities to qualified individuals with disabilities in the most integrated setting appropriate.
Montgomery County Analysis of Impediments to Fair Housing ‐36‐
MONTGOMERY COUNTY ADA POLICY STATEMENT AND GRIEVANCE PROCEDURE
Title II of the Americans with Disabilities Act (ADA) protects qualified individuals with disabilities. It requires accessibility for protected individuals to all programs and services offered by Montgomery County. This grievance procedure is established to efficiently settle any grievances which an individual may have concerning accessibility for protected individuals to programs and services offered by the County.
An individual alleging discrimination by the County on the basis of a disability may file a grievance with the County Manager within fifteen (15) days of the circumstances giving rise to the grievance. Such grievance shall, whenever possible with or without accommodation, be written on a form provided by County (Exhibit A).
The protected individual may request accommodation in completing the form. If requested, the County shall accommodate the grievant or arrange the proper accommodation for the grievant in filling out the form. Such accommodation shall include, but not be limited to, filling out the form for the grievant, providing the form in large print, or any other reasonable method to enable a written grievance to be filed.
If there is no way to accommodate a protected individual so that a written grievance may be filed, the individual may file an oral grievance with the County at (336-401-8201) or (800) 735-2962 (TDD) (Relay Services of NC). The grievant will be required to submit his/her name, address, and telephone number to the ADA Coordinator at the time of making the grievance. The County Manager shall fill out a grievance form for all oral grievances received and submit it to the appropriate Department Head.
A protected individual may obtain a grievance form from the County Manager’s Office at 102 East Spring Street, Troy North Carolina, or by phone (910-576-4221), (800) 735-2962 (TDD) (Relay Services of NC).
The County Manager shall review the grievance. The County Manager shall then issue a written response to the grievance within fifteen (15) days from the date of the grievant's filing. The County Manager shall, in response, suggest remedies for the grievance with the goal of resolving the grievance in a reasonable manner. Where the County Manager's suggested remedies are satisfactory to the grievant, appropriate staff shall implement the remedies. Where the County Manager's suggested remedies are unsatisfactory to the grievant, the Manager shall meet with the grievant with the goal of solving the grievance in a reasonable manner.
Montgomery County Analysis of Impediments to Fair Housing ‐38‐
EXHIBIT A
MONTGOMERY COUNTY ADA GRIEVANCE FORM ***Please notify an employee if you need assistance in filling out form.***
NAME OF GRIEVANT: ADDRESS: COUNTY DEPARTMENT SUBJECT TO THE GRIEVANCE: COUNTY EMPLOYEE TAKING GRIEVANCE FORM AND JOB TITLE: PARTICULARS OF THE GRIEVANCE: SIGNATURE OF GRIEVANT AND DATE OF GRIEVANCE: / GRIEVANT DATE OF GRIEVANCE ***This Grievance Form will be submitted to the appropriate Department Head. The County Manager will respond
in writing to the Grievant’s above stated address within fifteen (15) Days. ***
Montgomery County Analysis of Impediments to Fair Housing ‐39‐
EXHIBIT B
MONTGOMERY COUNTY INTERNAL GREIVANCE FORM
DEPARTMENT NAME:
DEPARTMENT HEAD:
NAME OF GRIEVANT:
DATE GRIEVANCE FILED:
DATE RECEIVED:
NATURE OF GRIEVANCE:
SUGGESTED REMEDY:
DATE OF RESPONSE:
SIGNATURE OF MONTGOMERY COUNTY MANAGER AND DATE:
/
MANAGER DATE
Montgomery County Analysis of Impediments to Fair Housing ‐40‐
Montgomery County Section 504 Policy Summary
Montgomery County is has evaluated of its policies, programs, and practices to determine if any are discriminatory towards the handicapped. This includes accessibility, accommodations and may result in the development of a Transition Plan related to ADA compliant modifications to buildings, programs and services. A. Organization and Administration
Montgomery County is an equal opportunity employer and does not discriminate in its employment on the basis of handicaps. Certain jobs, particularly in the Sherriff’s Department and the Public Works Department, are not open to the handicapped due to the nature and responsibilities of specific duties.
All employees and beneficiaries are notified of their rights under Section 504/ADA at hiring and as further stated in the County Personnel Policy Manual. The County strives to meet all Section 504 and ADA requirements in regard to organization and administration in its hiring and contracting practices and in the County's Personnel Policy. It is the policy of the County to assure all handicapped individuals that they will not be discriminated against in their access to employment by the County, services provided by the County, or public meetings of County boards.
All appointments and selection to planning or advisory boards are treated within the County's equal opportunity hiring practices in which reasonable accommodation is made to all persons.
Montgomery County has adopted a Handicapped Discrimination Policy Statement and Grievance Procedure to ensure fair and equal treatment of all handicapped persons.
The County’s Administrative Staff is involved in the County's Survey of Accessibility and the development of a Transition Plan.
The County requires agencies that provide aid, benefits, or services to County beneficiaries to not discriminate based on handicap.
The County staff has been instructed to assist disabled persons who may need help in gaining access to county buildings and visiting various Departments.
The ADA Coordinator makes available upon request public records in large print or reader when necessary.
B. Program Accessibility
In completing the Self-Evaluation and Transition Plan the County examines all departments, services, and buildings to determine if they are accessible to the handicapped and, if not, what changes would be required to make them accessible.
Overall, the majority of County departments and services are being found to be accessible to handicapped persons. The County utilizes the North Carolina TDD Relay (800) 735-2962. A public address system is available in the Commissioners meeting room to enable those with hearing impairments to participate in the meetings held there. The County Clerk makes available upon request public records in large print or a reader when
Montgomery County Analysis of Impediments to Fair Housing ‐41‐
necessary. Meetings are publicized through the postings in County facilities, the local newspaper, and radio in an attempt to reach both the hearing and sight impaired.
Adequate handicap accessible parking spaces are provided at all county facilities.
Existing accessible ramps at County facilities were constructed prior the recent update to ADA guidelines, and may no longer meet ADA requirements. As improvements are made to facilities, the County shall insure these ramps are upgraded to meet present guidelines.
C. Employment
The County is an equal opportunity employer and does not discriminate in its employment on the basis of handicaps. Certain jobs, particularly in the Sherriff’s Department and the Public Works Department, are not open to the handicapped due to the nature and responsibilities of these positions. Handicaps are not considered a deterrent when hiring persons for most positions with the County. This policy has been in effect for some time and shall continue to be enforced.
The County strives to meet all requirements relating to employment in job descriptions per ADA requirements. When an employee, former employee, or applicant, believes that any employment action discriminates illegally, he or she has the right to appeal such action using the grievance procedure outlined in the Montgomery County Personnel Policy.
It is the policy of the County to foster, maintain and promote equal employment opportunity. The County shall select employees on the basis of the applicant's qualifications for the job and award them, with respect to compensation and opportunity for training and advancement, including upgrading and promotion, without regard to age, sex, race, color, religion, national origin, disability, political affiliation, or marital status.
Applicants with physical disabilities shall be given equal consideration with other applicants for positions in which their disabilities do not represent an unreasonable barrier to satisfactory performance of duties. An employee who cannot perform the required duties because of physical or mental impairment may be separated for disability. Before an employee is separated for disability, a reasonable effort shall be made to locate alternate positions within the County for which the employee may be suited.
D. Grievance Procedures and Notification Required Montgomery County officially re-adopted and approved the Handicapped Discrimination
Policy Statement and Grievance Procedure on June 19th, 2012 The County Manager serves as the official representative responsible for coordination of
efforts to comply with Section 504 and ADA regulations. The County Manager is responsible for communication with Administrative Staff in carrying
out the mandates of Section 504 and ADA. The County holds public hearings from time to time to notify persons of the County policies,
Transition Plan, and Grievance Procedure, as well as to obtain public input on issues related to the ADA. All documents are made available to the public.
Montgomery County Analysis of Impediments to Fair Housing ‐42‐
E. Construction and Repair Activities All newly constructed County buildings and facilities are designed and built free of
architectural and communication barriers that restrict access by individuals with disabilities. When alterations are made to an existing County building, the altered portions must be made
handicapped accessible. New construction of County buildings and facilities must comply with the Americans with
Disabilities Act Accessibility Guidelines (ADAAG), as well as the North Carolina State Building Code in which the design requirements of the Fair Housing Act and the Americans with Disabilities Act are now part.