Affirmatively Furthering Fair Housing Sacramento Region Affordable Housing Summit October 30, 2017 Presented by Legal Services of Northern California Adapted from National Housing Law Project materials

The Fair Housing Act of 1968 Purpose of the Fair Housing Act is to: Provide for “fair housing throughout the United States.” 42 U.S.C.A. § 3601 (1968) Prohibits discrimination in the sale or rental of housing based on: Race Color National Origin Religion Sex Familial Status Disability

The Fair Housing Act of 1968 The Act also requires that HUD administer all of its programs: “In a manner affirmatively to further the purposes” of the Act. 42 U.S.C.A § 3608(d) (1968)

AFFH RULE July 2015 - HUD regulations that: Define Affirmatively Furthering Fair Housing Mandate a new Fair Housing Planning Process for certain jurisdictions & public housing authorities

AFFH -Definition More specifically, Affirmatively Furthering Fair Housing means: Taking meaningful actions that taken together Address significant disparities in housing needs and in access to opportunity Replacing segregated living patterns with truly integrated and balanced living patterns Transforming racially and ethnically concentrated areas of poverty into areas of opportunity Affirmatively furthering fair housing means: Taking meaningful actions, in addition to combating discrimination That overcome patterns of segregation And foster inclusive communities free from barriers that restrict access to opportunity Based on protected classes

AFFH - Planning Process Assessment of Fair Housing (AFH) is a planning process and document that includes: Robust community participation Analysis of fair housing data Assessment of fair housing issues and contributing factors Identification of housing priorities and goals 24 C.F.R.§§ 5.152, 5.154

Assessment of Fair Housing (AFH) Who Must Prepare an AFH? States and jurisdictions required to submit a Consolidated Plan for CDBG, HOME, HOPWA and ESG programs Public Housing Authorities Who Reviews the AFH? AFH is submitted to HUD for approval Failure to submit to HUD can result in loss of funding

Sacramento Region AFH - Starting Now! Largest AFH in nation – due to HUD October 2019 Sacramento County, Sacramento, Elk Grove, Citrus Heights, Ranco Cordova West Sacramento, Woodland, Davis Roseville, Rocklin Housing Authorites: Sacramento City and County (SHRA), Yolo, Roseville

Sacramento Region AFH - Starting Now! BBC Research & Consulting Community participation starting in November Look for AFH website, surveys, community meetings

AFH - Community Participation To ensure meaningful community participation, local jurisdiction should “employ communications designed to reach the broadest audience.” All community participation must be done in accordance with fair housing and civil rights laws Accessible to people who are Limited English Speakers and people with disabilities. 24 C.F.R. § 5.158

AFH - Community Participation HUD’s citizen participation requirements designed to especially encourage participation by: Low and moderate-income people and residents of predominantly low and moderate income neighborhoods Racial and ethnic minorities Limited English Speakers People with disabilities 24 C.F.R § 91.105

AFH - Community Participation HUD requires at least 1 public meeting in jurisdiction during the development of the AFH (best practice is to have multiple meetings and opportunities to participate) After AFH written, 30 day public comment period required AFH must include summary of all comments received and when the comments or views not accepted in the AFH must explain why

AFH - Consultation Requirements When developing the AFH the jurisdiction must also consult with: Affordable housing developers Health and social service agencies Community based organizations that represent protected class members Organizations that enforce fair housing laws 24 C.F.R. § 91.100

What must be in the AFH? Assessment of past fair housing goals, actions and strategies Analysis of fair housing issues in region Fair housing goals and priorities

What must be in the AFH? Assessment of past fair housing goals, actions and strategies What fair housing goals did the community previously identify? What actions / strategies were used to address these problems? What were the outcomes of these actions / strategies?

What must be in the AFH? 2. Analysis of fair housing issues in region Data Specific issues required by regulation Contributing factors Data Must use HUD provided data and mapping tools Must also use local data Must also use local knowledge HUD data gaps: policing, crime and safety; health disparities; mortgage data and banking access; parks and rec opportunities What fair housing issues must be analyzed in the AFH? Segregation Disparities in housing burdens (cost, overcrowding, substandard housing) Disparities in exposure to poverty Disparities in educational, employment and transportation opportunities Access to housing for people with disabilities Publicly assisted housing (location, occupancy, access to) Fair Housing Enforcement CONTRIBUTING FACTORS What factors significantly create, contribute to, perpetuate or increase the fair housing issues identified in the data analysis? Possible contributing factors: Displacement of residents due to economic pressure Lack of community revitalization strategies Land use and zoning laws Availability, type, frequency and reliability of public transportation Source of income / voucher discrimination Admissions and occupancy policies and procedures in assisted housing Availability of housing that is affordable Lack of public investment in certain neighborhoods Access to financial services Location of environmental hazards Location of schools and school assignment policies

What must be in the AFH? 3. Fair housing goals and priorities Identify goals to address the contributing factors (causes) of the identified fair housing problems Goals should be specific enough to lead to meaningful results Must include metrics and milestones to evaluate Possible goals: Displacement due to increasing rents / gentrification = rent control & just cause tenant protections Disparity in access to affordable housing = local financial investment in building and preserving affordable housing Disparities in access to healthy and safe housing = Proactive code enforcement policies Underrepresentation of Limited Engligh Speakers in assisted housing = Implementation of Language Access Policies

Resources HUD’s Data and Mapping Tool: https://www.hudexchange.info/resource/4867/affh-data-and-mapping-tool/ HUD’s AFFH Website: https://www.hudexchange.info/programs/affh/

Contact Info Laurance Lee & Sarah Steinheimer Legal Services of Northern California 916-551-2150 llee@lsnc.net ssteinheimer@lsnc.net