Supporting Inclusive Communities Supporting Inclusive Communities Through Fair Housing PlanningThrough Fair Housing Planning

Shaun DonovanShaun DonovanSecretary, United States Department of Housing & Urban Development Secretary, United States Department of Housing & Urban Development

Shaun DonovanShaun DonovanSecretary, United States Department of Housing & Urban Development 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

"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 Why Affirmatively Further Fair Housing?Housing?

What is Fair Housing Planning?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.

What is Fair Housing Planning? 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.

What is Fair Housing Planning? 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

42 U.S.C. 3608 (e)(5)(e) Functions of SecretaryThe 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 Affirmatively Furthering Fair Housing StatuteStatute

7

RESPONSIBILITIES FOR RESPONSIBILITIES FOR METROWIDE/REGIONAL FAIR METROWIDE/REGIONAL FAIR

HOUSING PLANNINGHOUSING PLANNINGMetrowide and Regional (Consortium of Localities) jurisdictions must follow three components of Fair Housing Planning:

1.The Analysis of Impediments2.The actions to be taken to address the impediments3.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

What is an “Impediment” to Fair What is an “Impediment” to Fair Housing Choice?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.

Getting Started: What Should Be Getting Started: What Should Be Included/Addressed in an Analysis of Included/Addressed in an Analysis of Impediments?Impediments?

✔✔-List: What Barriers to Housing -List: What Barriers to Housing Choice Are You Looking For?Choice Are You Looking For?

✔✔-List: “What Are You Looking For?”-List: “What Are You Looking For?”

SEGREGATIONSEGREGATION

Role of federal, state and local governments in creating segregation

SlaveryBlack codesJim crow lawsRacial zoningRedlining

Three-quarters of African-Americans live in highly

segregated neighborhoods today, whereas 90-100% of other groups experience only moderate levels

of segregation.

Massey, Douglas S. and Mary J. Fischer. 2000. “How Segregation Concentrates Poverty.” Ethnic and Racial

Studies 23(4): 670-691.

What Happens When Poor People are What Happens When Poor People are Concentrated Together?Concentrated Together?

Impact of SegregationImpact 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

When Segregation and Poverty Occur When Segregation and Poverty Occur TogetherTogether

• 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. 1990. “American Apartheid: Segregation and the Making of the Underclass. American Journal of Sociology 96(2): 329-357

Impact of Segregation cont.Impact of Segregation cont.

• Poor housing• Substandard schools• Higher unemployment • Inadequate transportation• Higher crime• Health care issues• Diminished social capital• Declining home equity

Segregation Empowers DiscriminationSegregation 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

Does Your Community Have Does Your Community Have Segregation Challenges?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

What are the Trends of What are the Trends of Populations in These Areas?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 http://www.s4.brown.edu/us2010/

• and click on MAP USA

Information for slide provided by HUD’s “Regional Fair Housing Equity Assessment” (Aug. 2011)

SummarySummary

• 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.

Investing in Investing in CommunitiesCommunities

A: A: Ivy City, Washington DCIvy City, Washington DCCrummell SchoolCrummell School

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B: Ivy City, Washington DCIvy City, Washington DCCrummell SchoolCrummell School

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C: C: Ivy City, Washington DCIvy City, Washington DCCrummell SchoolCrummell School

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A: Ivy City, Washington DCA: Ivy City, Washington DCCapitol AvenueCapitol Avenue

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B: Ivy City, Washington DCB: Ivy City, Washington DCCapitol AvenueCapitol Avenue

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C: Ivy City, Washington DCC: Ivy City, Washington DCCapitol AvenueCapitol Avenue

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D: Ivy City, Washington DCD: Ivy City, Washington DCCapitol AvenueCapitol Avenue

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E: Ivy City, Washington DCE: Ivy City, Washington DCCapitol AvenueCapitol Avenue

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A: Trinidad, Washington DCA: Trinidad, Washington DCOrren StreetOrren Street

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B: Trinidad, Washington DCB: Trinidad, Washington DCOrren StreetOrren Street

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C: Trinidad, Washington DCC: Trinidad, Washington DCOrren StreetOrren Street

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D: Trinidad, Washington DCD: Trinidad, Washington DCOrren StreetOrren Street

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E: Trinidad, Washington DCE: Trinidad, Washington DCOrren StreetOrren Street

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F: Trinidad, Washington DCF: Trinidad, Washington DCOrren StreetOrren Street

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G: Trinidad, Washington DCG: Trinidad, Washington DCOrren StreetOrren Street

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B: Trinidad, Washington DCB: Trinidad, Washington DCBladensburg RoadBladensburg Road

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C: Trinidad, Washington DCC: Trinidad, Washington DCBladensburg RoadBladensburg Road

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D: Trinidad, Washington DCD: Trinidad, Washington DCBladensburg RoadBladensburg Road

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E:E: Trinidad, Washington DC Trinidad, Washington DC

Bladensburg RoadBladensburg Road

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F: Trinidad, Washington DCF: Trinidad, Washington DCBladensburg RoadBladensburg Road

.

ACCESS TO OPPORTUNITYACCESS TO OPPORTUNITY

Access to OpportunityAccess 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)

For Each Area of OpportunityFor 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)

For Each Area of OpportunityFor 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)

Limited English ProficiencyLimited 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)

Creating Linkages to Areas of Creating Linkages to Areas of OpportunityOpportunity

• 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)

Affirmative Marketing cont.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.

Access for Families with ChildrenAccess 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)

Strategies for Promoting Strategies for Promoting Mixed-Income Housing Mixed-Income Housing

• Limited Equity Cooperatives• Inclusionary Zoning• Mixed-Use Zoning• Mutual Housing• Land Trusts• Turn-Key Programs• Foreclosure Conversion• In-Law Apartments

Affirmatively Affirmatively Furthering Fair Furthering Fair

Housing for LendersHousing for Lenders

Do Lending Institutions Have a Do Lending Institutions Have a Responsibility to AFFH?Responsibility to AFFH?

Lending institutions have an AFFH responsibility Lending institutions have an AFFH responsibility because their prudential regulators have AFFH because their prudential regulators have AFFH obligations under the Fair Housing Act of 1968, as obligations under the Fair Housing Act of 1968, as amended, Title VI of the 1964 Civil Rights Act, the amended, Title VI of the 1964 Civil Rights Act, the Community Reinvestment Act and Executive Order Community Reinvestment Act and Executive Order 12892.12892.

Do Lending Institutions Have a Do Lending Institutions Have a Responsibility to AFFH? (cont.)Responsibility to AFFH? (cont.)

Executive Order 12892Executive Order 12892LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL PROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSINGPROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSING

Section 1. Administration of Programs and Activities Relating to Section 1. Administration of Programs and Activities Relating to Housing and Urban Development. 1-101. Section 808(d) of the Act, as Housing and Urban Development. 1-101. Section 808(d) of the Act, as amended, provides that all executive departments and agencies shall amended, provides that all executive departments and agencies shall administer their programs and activities relating to housing and urban administer their programs and activities relating to housing and urban development (including any Federal agency having regulatory or development (including any Federal agency having regulatory or supervisory authority over financial institutions) in a manner supervisory authority over financial institutions) in a manner affirmatively to further the purposes of the Act and shall cooperate affirmatively to further the purposes of the Act and shall cooperate with the Secretary of Housing and Urban Development to further such with the Secretary of Housing and Urban Development to further such purposes. 1-102. purposes. 1-102.

Do Lending Institutions Have a Do Lending Institutions Have a Responsibility to AFFH? (cont.)Responsibility to AFFH? (cont.)

Executive Order 12892 (Continued)Executive Order 12892 (Continued)LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL LEADERSHIP AND COORDINATION OF FAIR HOUSING IN FEDERAL PROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSINGPROGRAMS: AFFIRMATIVELY FURTHERING FAIR HOUSING

As used in this order, the phrase programs and activities shall include As used in this order, the phrase programs and activities shall include programs and activities operated, administered, or undertaken by the programs and activities operated, administered, or undertaken by the Federal Government; grants; loans; contracts; insurance; guarantees; Federal Government; grants; loans; contracts; insurance; guarantees; and Federal supervision or exercise of regulatory responsibility and Federal supervision or exercise of regulatory responsibility (including regulatory or supervisory authority over financial (including regulatory or supervisory authority over financial institutions).institutions).

What Makes for a Healthy What Makes for a Healthy Community?Community?

Real Estate

SchoolsJobs

Commerce

Revenue

Infrastructure

Police & FireHealth Care

Environment

Credit and Capital

Lending DiscriminationLending Discrimination

Where once you had a prosperous, functional community, it now becomes dysfunctional.

Real EstateSchoolsJobs

CommerceRevenue

Infr

astr

uctu

re

Police & Fire

Health C

are

Environment

Real EstateSchoolsJobs

CommerceRevenue

Infr

astr

uctu

re

Police & Fire

Health Care Environment

Madison, WI: Inclusionary Zoning Ordinance (IZ)Madison, WI: Inclusionary Zoning Ordinance (IZ)

Mt. Laurel, NJ: Ethel R. Lawrence Homes Mt. Laurel, NJ: Ethel R. Lawrence Homes

East Greenwich, RI: Cottages on GreeneEast Greenwich, RI: Cottages on Greene

Lemoore, CA: Montgomery Crossing ApartmentsLemoore, CA: Montgomery Crossing Apartments

Bay Area, CA: Bay Area Transit-Oriented Affordable Bay Area, CA: Bay Area Transit-Oriented Affordable Housing FundHousing Fund

Montgomery County, MD: Moderately Priced Dwelling Montgomery County, MD: Moderately Priced Dwelling Unit OrdinanceUnit Ordinance

Diversity: Diversity: Oak Park, ILOak 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.

Diversity: Diversity: Columbia, MDColumbia, 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.

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

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

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

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

CONCLUSIONCONCLUSION •Thank you for participating!

•Should you have additional questions or concerns please contact NCRC at:

727 15th Street NW, Suite 900Washington, DC 20005PHONE: 202-628-8866

FAX: 202-628-9800