University of Maryland School of Law The Fair Housing Act at 45: Actualizing the Duty to Affirmatively Further Fair Housing April 12, 2013

• • • •

Analysis of Impediments Comprehensive Zoning Ordinance Qualified Allocation Plan Building an AFFH Campaign

Sources

 HUD’s Fair Housing Planning Guide  2007 Naperville, Illinois AI (APA award)

Community participation – survey Assemble information about fair housing Carefully analyze data to identify impediments Adopt actions to overcome impediments

Demographics

• Population changes • Poverty • Race • Minority concentration • Schools • Transportation • Employment

Private sector compliance

• Fair housing complaints and studies • Home mortgage lending practices • Practices by appraisers, real estate firms, developers, leasing firms, and real estate advertisers • Discrimination in the rental market

Public sector compliance

• Land use controls and building codes • Zoning • Treatment of proposals to build affordable housing • Accessing information about fair housing • Interdepartmental coordination

“The lack of available and affordable housing is an important housing planning issue, but not necessarily a fair housing issue.” • • • Only one community forum held in New Orleans AI was prepared by the state.

• • • • • • • No/little data or analysis of: Concentration of affordable housing.

Housing, employment and income by race and disability.

Transit and jobs.

Homelessness.

Availability of land for multi-family housing.

Building and zoning codes.

Public sector practices.

• • • • • •

Insufficient description of impediments

Just 5 listed Lack of affordable housing.

Loan denials and predatory lending for women and minorities due to “lack of sufficient financial literacy.” NIMBYism.

Discrimination in rental market.

Total White Black Hispanic Asian

Percentage of households paying more than 30% of income for rent 2000 Census 2006-2010 ACS

43% 38% 62% 51% 45% 43% 41% 68% 59% 46%

Successes Challenges

• People’s AI Working Group  AI Working Group • Community groups at the table with the City • Shaping the AI • City wouldn’t hire a consultant • Most work done by advocates – are we doing the City’s work?

• Drawn out timeline

• • • • • •

Zoning

Inclusionary Zoning Reasonable accommodations request procedure Higher density zoning Zoning appeals procedure • • • •

Other policies

Fair share agreements Source of income non-discrimination ordinance Housing mobility program Housing trust fund

Sources

 Review of locations of affordable housing  Review of 36 QAPs  Interviews with housing agencies

LIHTC projects in Louisiana are located near poor-performing and low-income schools

In Louisiana – nearest school to LIHTC projects • 88% free and reduced price lunch • 32 nd percentile in Math and English Language Arts In New Orleans – nearest school to LIHTC projects • 91% free and reduced price lunch • 19% are in bottom 10 th percentile • 19% are in top 50 th percentile

LIHTC projects in Louisiana are located in high-poverty, low-income, highly racially concentrated communities

2007-2013 Awards

65% are in census tracts with higher poverty than city 60% are in census tracts with lower income than city 54% are in census tracts with higher non-white population than city (62% in 2011-2013) 77% are in census tracts with more than 20% poverty

1.

Develop affordable housing development in high-

opportunity areas

2.

Development affordable housing development in

revitalizing

low-income communities 3.

Create options for integrated and stable housing for people with disabilities

Fair Housing & Community Development have the same goals

: opportunity for low-income families

Different approaches

Fair housing: develop affordable housing in high opportunity communities Community development: create more opportunity in low-income communities by investing resources and developing/preserving affordable housing

Balance

: both are important for choice and families’ different priorities

1.

2.

3.

4.

5.

6.

Analyze the AI for weaknesses Consider potential legal strategies • • • HUD complaint False Claims Act HUD’s Office of Fair Housing & Equal Opportunity cares • Determine goals e.g., Inclusionary Zoning, LIHTC, etc.

• Build a coalition Fair housing advocates and affordable housing developers and … • Walk the line Affordable housing developers worry about city funds Collaborate - city, state, partners