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Supporting Inclusive Communities Through Fair Housing Planning.

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Presentation on theme: "Supporting Inclusive Communities Through Fair Housing Planning."— Presentation transcript:

1 Supporting Inclusive Communities Through Fair Housing Planning

2 Shaun Donovan Secretary, United States Department of Housing & Urban Development "With the passage of the Fair Housing Act in 1968, we acknowledged that segregation didn't happen in spite of government policy – it happened in large part because of it…And we affirmed that government has a role to play in creating integrated, inclusive, diverse communities." "Our success is measured by whether HUD is increasing the number of low-poverty, racially diverse communities in America." - HUD Secretary Shaun Donovan

3 "Simple justice requires that public funds, to which all taxpayers of all races contribute, not be spent in any fashion which encourages, entrenches, subsidizes, or results in racial discrimination. Direct discrimination by Federal, State, or local governments is prohibited by the Constitution. But indirect discrimination, through the use of Federal funds, is just as invidious; and it should not be necessary to resort to the courts to prevent each individual violation.” – John F. Kennedy (1963). Why Affirmatively Further Fair Housing?

4 What is Fair Housing Planning? Planning activities undertaken by local, state, and regional agencies and governing bodies to eradicate and prevent discrimination and segregation within and through its actions, policies, investments, and programs; including those of the public and private sectors.

5 What is Fair Housing Planning? It is not limited to Housing and Community Development matters but includes all disciplines that directly and indirectly connect to rental, real estate, advertising, home insurance, lending and land use, as well as siting of affordable housing, and the public and private services that are available to a community, including education, transportation, and health.

6 What is Fair Housing Planning? “Where the community planning and development perspective looks directly at needs for housing and possible barriers to meeting those needs, the fair housing perspective focuses as much on the causes of needs of groups or persons protected by the Fair Housing Act as it does on the needs themselves.” HUD’s Fair Housing Planning Guide Chapter 2 Preparing for Fair Housing Planning, p. 2-20

7 42 U.S.C (e)(5) (e) Functions of Secretary The Secretary of Housing and Urban Development shall— (5) administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter; Affirmatively Furthering Fair Housing Statute 7

8 RESPONSIBILITIES FOR METROWIDE/REGIONAL FAIR HOUSING PLANNING Metrowide and Regional (Consortium of Localities) jurisdictions must follow three components of Fair Housing Planning: 1.The Analysis of Impediments 2.The actions to be taken to address the impediments 3.The maintenance of records In addition to these requirements, Metrowide/Regional jurisdictions have a dual responsibility as it relates to Fair Housing Planning: a.Must include an analysis that identifies both State & Entitlement jurisdictional and regional impediments to fair housing choice and the appropriate actions to remove them b.A key aspect of metrowide/regional fair housing planning is the creation of a centralized and consolidated applicant database for all assisted housing programs operating in the metropolitan/regional area which can be metro/regionally administered

9 What is an “Impediment” to Fair Housing Choice? Impediments to fair housing choice are defined as:  Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin that restrict housing choices or the availability of housing choice  Any actions, omissions, or decisions that have this effect.

10 Getting Started: What Should Be Included/Addressed in an Analysis of Impediments? Components of an Effective AI Zoning and land use policies Fair housing complaints, public and private sector litigation, and other data that may impact upon the jurisdiction’s achievement of fair housing choice Demographic patterns supported by meaningful graphs & maps HMDA ( Home Mortgage Disclosure Act) Data Fair Housing Investigation, Testing & Relevant Research Results Results of Fair Housing Initiatives (FHIP) grants Patterns of Occupancy Recommendations

11 ✔ -List: What Barriers to Housing Choice Are You Looking For? Problems faced by immigrants, emerging populations and minorities in search of affordable housing Lack of affordable housing LGBT Issues Housing problems created by the presence of lead-based paint in older dwellings Problems faced by Section 8 certificate and voucher holders trying to exercise housing choice in a metropolitan area – Source of Income Building, safety, health, and occupancy codes Community development and housing authority policies Appraisal laws and regulations Creation of jobs and training programs Advisory boards, commissions, planning boards and committees Funding and finance mechanisms Site Selection Criteria NIMBYism Accessibility design and new construction Advertising

12 ✔ -List: “What Are You Looking For?” Lending and property insurance practices Problems faced by African Americans and Hispanics securing mortgage loans Problems associated with providing housing choice to people with disabilities Tax laws Zoning codes Banking and insurance laws and regulations Public transportation Quality of Municipal services Interdepartmental cooperation to promote integration Quality of municipal services Activities that may displace tenants Policies and procedures of financial institutions Rental and sales practices Issues identified by FHIP programs Employment, social services, and access to transportation

13 SEGREGATION

14 Role of federal, state and local governments in creating segregation Slavery Black codes Jim crow laws Racial zoning Redlining

15 Three-quarters of African- Americans live in highly segregated neighborhoods today, whereas % of other groups experience only moderate levels of segregation. Massey, Douglas S. and Mary J. Fischer “How Segregation Concentrates Poverty.” Ethnic and Racial Studies 23(4): What Happens When Poor People are Concentrated Together?

16 Impact of Segregation Concentration of existing affordable housing in central cities and older suburbs perpetuates the isolation of low-income residents and people of color from life opportunities available to suburban residents. One result is to reinforce the racial segregation, which is intimately related to the concentration of poverty in urban core areas and in older, inner-ring suburbs Racial and ethnic segregation in effect also concentrates poverty because of income gaps In today’s world, poverty and racial and ethnic segregation are linked and the face of poverty is also the face of segregation

17 When Segregation and Poverty Occur Together Loss of businesses: grocery stores, banks, etc. Loss of political power: environmental discrimination (waste processing facilities and chemical plants) Lower property values: deteriorating buildings and and unsavory facilities (jails) Loss of medical facilities and clinics Loss of revenue for public schools Massey, Douglas S “American Apartheid: Segregation and the Making of the Underclass. American Journal of Sociology 96(2):

18 Impact of Segregation cont. Poor housing Substandard schools Higher unemployment Inadequate transportation Higher crime Health care issues Diminished social capital Declining home equity

19 Segregation Empowers Discrimination Steering Blockbusting Redlining Predatory Lending Equity Stripping Discriminatory advertisements NIMBYism Community Disinvestment Gentrification Exclusionary zoning – NAACP vs. Town of Huntington Code enforcement Provision of municipal services Environmental racism

20 Does Your Community Have Segregation Challenges? One data piece that can be used to help answer this question is the “Dissimilarity Index” Metro/Micro level statistic that builds up from tract‐level (“neighborhood level”) data Used to summarize segregation or integration of two groups Index can take on a value from zero (0) to one (1), with zero representing complete integration and one representing complete segregation Can be loosely interpreted as the percentage of one group that would need to move in order for each tract to match the composition of the area

21 What are the Trends of Populations in These Areas? Increase or decrease of populations in racially and ethnically concentrated areas of poverty since 1940 is useful to show trends. Go to and click on MAP USA Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

22 Summary Once the racially and ethnically concentrated areas of poverty have been assessed, the necessary steps must be taken to identify and ameliorate the gaps in infrastructure and housing to encourage diversity and promote equal and fair access to housing, banking services, reputable education systems, transportation, etc.

23 Investing in Communities

24 A: Ivy City, Washington DC Crummell School.

25 Ivy City, Washington DC Crummell School B: Ivy City, Washington DC Crummell School.

26 C: Ivy City, Washington DC Crummell School.

27 A: Ivy City, Washington DC Capitol Avenue.

28 B: Ivy City, Washington DC Capitol Avenue.

29 C: Ivy City, Washington DC Capitol Avenue.

30 D: Ivy City, Washington DC Capitol Avenue.

31 E: Ivy City, Washington DC Capitol Avenue.

32 A: Trinidad, Washington DC Orren Street.

33 B: Trinidad, Washington DC Orren Street.

34 C: Trinidad, Washington DC Orren Street.

35 D: Trinidad, Washington DC Orren Street.

36 E: Trinidad, Washington DC Orren Street.

37 F: Trinidad, Washington DC Orren Street.

38 G: Trinidad, Washington DC Orren Street.

39 B: Trinidad, Washington DC Bladensburg Road.

40 C: Trinidad, Washington DC Bladensburg Road.

41 D: Trinidad, Washington DC Bladensburg Road.

42 E: Trinidad, Washington DC Bladensburg Road.

43 F: Trinidad, Washington DC Bladensburg Road.

44 ACCESS TO OPPORTUNITY

45 Access to Opportunity Opportunity areas have:  Access more integrated setting – ROC, HCV, RAD  Access to better than average schools  Access to jobs, especially entry level  Access to transportation options – Metro & RTA  Access to health care services  Are not areas of concentrated poverty  Are often not areas that are already integrated – Isolation (segregation) Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

46 For Each Area of Opportunity Identify elements of opportunity  Better than average schools  Jobs, especially entry level  Health care access  Commercial/retail access  Access to effective transportation  Relatively low crime rate  Availability of infrastructure  Recreational areas  Libraries Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

47 For Each Area of Opportunity Identify areas where affordable housing options are lacking  Examine existing affordable housing options and location  Examine availability of Section 8 units in area  Examine availability of accessible housing in area  Examine availability of housing for homeless persons  Availability of housing for persons with disabilities Supportive housing Other Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

48 Limited English Proficiency Are LEP individuals significantly represented? (more than 1000, greater than 5% of eligible population) What are the barriers to access to government services and housing for persons with LEP? For each participant and each sub recipient, describe existing policies and outreach to reach relevant LEP populations Describe ability to provide interpreters Describe ability to provide written translations Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

49 Creating Linkages to Areas of Opportunity Special issues to think about:  Affirmative marketing  Transportation needs of different populations  Access to services  Mobility counseling  Potential need for community supports and networks Sustained connection to new communities Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

50 Affirmative Marketing cont. Census data indicates that certain areas have been racial isolated for decades, containing high white populations. Potential AI Recommendation: The jurisdiction needs to increase its efforts to affirmatively market housing opportunities to people who are underrepresented in housing assistance programs.

51 Access for Families with Children Identify housing needs of families with children  Units with more than two bedrooms  Access to schools  Access to public transportation  Access to nearby entry level jobs Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

52 Strategies for Promoting Mixed-Income Housing Limited Equity Cooperatives Inclusionary Zoning Mixed-Use Zoning Mutual Housing Land Trusts Turn-Key Programs Foreclosure Conversion In-Law Apartments

53 Affirmatively Furthering Fair Housing for Lenders

54 Do Lending Institutions Have a Responsibility to AFFH? Lending institutions have an AFFH responsibility because their prudential regulators have AFFH obligations under the Fair Housing Act of 1968, as amended, Title VI of the 1964 Civil Rights Act, the Community Reinvestment Act and Executive Order

55 Do Lending Institutions Have a Responsibility to AFFH? (cont.) Executive Order LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL PROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSING Section 1. Administration of Programs and Activities Relating to Housing and Urban Development Section 808(d) of the Act, as amended, provides that all executive departments and agencies shall administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner affirmatively to further the purposes of the Act and shall cooperate with the Secretary of Housing and Urban Development to further such purposes

56 Do Lending Institutions Have a Responsibility to AFFH? (cont.) Executive Order (Continued) LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL PROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSING As used in this order, the phrase programs and activities shall include programs and activities operated, administered, or undertaken by the Federal Government; grants; loans; contracts; insurance; guarantees; and Federal supervision or exercise of regulatory responsibility (including regulatory or supervisory authority over financial institutions).

57 What Makes for a Healthy Community? Real Estate Schools Jobs Commerce Revenue Infrastructure Police & Fire Health Care Environment Credit and Capital

58 Lending Discrimination Where once you had a prosperous, functional community, it now becomes dysfunctional. Real Estate Schools Jobs Commerce Revenue Infrastructure Police & Fire Health Care Environment Real Estate Schools Jobs Commerce Revenue Infrastructure Police & Fire Health Care Environmen t

59 Madison, WI: Inclusionary Zoning Ordinance (IZ) Adopted in January 2004, the Inclusionary Zoning Ordinance (IZ) requires 15% of the dwelling units within new residential projects to be affordable to households at certain income levels. The program was expected to create approximately affordable units per year. During the first year of the program, sixteen projects were reviewed and approved and 311 or 15.7% were affordable.

60 Mt. Laurel, NJ: Ethel R. Lawrence Homes Ethel R. Lawrence Homes is an award-winning affordable rental apartment-housing complex located in upscale Mount Laurel Township, about 30 minutes from downtown Philadelphia. The development, which boasts spacious one-bedroom, two-bedroom and three-bedroom units on 62 attractively landscaped acres, has long been recognized for setting the gold standard for affordable housing in communities of opportunity.

61 East Greenwich, RI: Cottages on Greene Cottages on Greene is a privately financed infill development composed of mixed income housing located in the historic downtown of East Greenwich, Rhode Island. Prior to construction, Cottages on Greene’s nearly one-acre site had sat derelict for several years. In early 2009, as the recession slowed development, a team led by 620 Main Street Associates responded by providing a project concept that leveraged the site’s walk-able location and an emerging demand for scaled-down, urban-style living. As a 15-unit “cottage” development, a style influenced by the preserved cottage on the site, Cottages on Greene has contributed five deed-restricted units to the community’s supply of affordable housing. The Congress for the New Urbanism awarded the project an Honorable Mention in its 2011 Charter Awards program, which recognizes projects for excellence in walk-able and sustainable design.1 Completed in November 2010, Cottages on Greene demonstrates how innovative housing solutions can succeed, even in challenging economic times.

62 Lemoore, CA: Montgomery Crossing Apartments Montgomery Crossing is a new construction development of 57 rental units, located in Kings County, CA. The site has a mix of two, three, and four bedroom units for low-income residents. It is partially financed by the USDA-RD Section 515 loan program and the Section 538 Guaranteed Rural Rental Housing Program (GRRHP). The development design features two-story garden- style apartment buildings, with unit plans thoughtfully laid out for family interaction.

63 Bay Area, CA: Bay Area Transit-Oriented Affordable Housing Fund The $50 million Bay Area Transit-Oriented Affordable Housing (TOAH) Fund provides financing for the development of affordable housing and other vial community services near transit lines throughout the Bay Area. Through the Fund, developers can access flexible, affordable capital to purchase or improve available property near transit line for the development of affordable housing, retail space and other critical services, such as child care centers, fresh food outlets and health clinics.

64 Montgomery County, MD: Moderately Priced Dwelling Unit Ordinance Enacted in 1974, the county’s Moderately Priced Dwelling Unit (MPDU) Ordinance requires developers of 20 or more units to make 12.5% to 15% of the new units affordable to lower income households. In exchange for the affordable units, developers are granted a 22% density bonus. Since the inception of the ordinance in 1976, more than 11,800 affordable units have been developed.

65 Diversity: Oak Park, IL “The people of Oak Park choose this community, not just as a place to live, but as a way of life…Ours is a dynamic community that encourages the contributions of all citizens, regardless of race, gender, age, ethnicity, sexual orientation, disability, religion, economic status, political affiliation or any of the other distinguishing characteristics that all too often divide people in society.” ~Oak Park Diversity Statement The Village of Oak Park passed a fair housing ordinance in 1968 (in the same year as the federal Fair Housing Act) to ensure equal access to housing in the community. In 1972 the Oak Park Housing Center was founded by Roberta (Bobbie) Raymond to promote integration in the community by ensuring equal access and discouraging white flight.

66 Diversity: Columbia, MD “It is important for all of us who are selling houses or renting apartments in Columbia to understand that Columbia is truly an open city...Simply stated, we are color-blind.” - Jim Rouse, Columbia, MD Planner Columbia, Maryland is a planned community that consists of ten self-contained villages, located in Howard County, Maryland. The village concept is aimed to provide Columbia a small-town feel. Each village comprises several neighborhoods, with the village center containing both middle and high schools. All villages have a shopping center, recreational facilities, a community center, a system of bike/walking paths, and homes. Four of the villages have interfaith centers. Most of Columbia’s neighborhoods contain single-family homes, townhomes, condominiums and apartments. The original plan for the community, would have had all the children of a neighborhood attend the same school, melding neighborhoods into a community and ensuring that all of Columbia’s children would get the same high-quality education.

67 Potential AI Recommendations The AI structure should contain all elements of the community’s makeup with clear and continuous exchange of concerns, ideas, analysis, and evaluation of results. Best practices include convening public meetings with neighborhood, not for profit, and private sector and industry leaders on issues such as increasing housing choice, demographic patterns, housing profile and community needs, Home Mortgage Disclosure Act Data, testing results, and inventory of accessible housing units for persons with disabilities. Many jurisdictions are also taking advantage of emerging technologies available on the Internet to disseminate information and promote public comment and discussion. Failure to conduct an open and inclusive AI that incorporates and/or that acknowledges public and private sector stakeholder and community concerns and pertinent issues SOURCE: HUD Fair Housing Planning Guide

68 Failure to plan and implement qualified action(s) on an annual basis (by program year) to address impediments to fair housing choice with the grantee’s jurisdiction Potential AI Recommendation Once an action plan is identified, it is critical that jurisdictions report out on progress and impediments to realizing the identified goals. Sometimes, community concerns surrounding an AI may emerge that are counterproductive to fair housing choice, such as 1) community resistance when minorities, persons with disabilities and/or low-income persons first move into white and/or moderate to high income areas or 2) when housing for these residents are sited in a manner that will not promote integration, or in the alternate, 3) when local ordinances have the effect of restricting housing opportunities in violation of the Fair Housing Act. A wide variety of activities can address these concerns, ranging from education and outreach activities geared for the general public to technical training for industry representatives and organizations; Enforcement of fair housing laws, counseling, fair housing audits, and incentives to create expanded housing opportunity and mobility with the jurisdiction. Jurisdictions can even set-up or designate a commission that will work with stakeholders to develop and report on action plans. SOURCE: HUD Fair Housing Planning Guide

69 Limits on unrelated people residing together Potential AI Recommendation: The jurisdiction should add a provision to its zoning ordinance explicitly permitting unrelated individuals to live together under the same rules that apply to a family, as a reasonable accommodation. Zoning officers should be vested with the authority to grant such reasonable accommodations. Potential AI Recommendation: Occupancy limits should be brought into conformance with the state health code. Occupancy limits SOURCE: HUD Fair Housing Planning Guide

70 Lack of training for municipal staff on fair housing issues Potential AI Recommendation: Design and implement a fair housing training program. Fair housing non-profit organizations can assist with this effort. SOURCE: HUD Fair Housing Planning Guide

71 CONCLUSION Thank you for participating! Should you have additional questions or concerns please contact NCRC at: th Street NW, Suite 900 Washington, DC PHONE: FAX:


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