Shaun DonovanSecretary, 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
Why Affirmatively Further Fair Housing? "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).
What is Fair HousingPlanning? 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? 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? HUD’s Fair Housing Planning Guide Chapter 2 Preparing for Fair Housing Planning, p. 2-20 “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.”
Affirmatively Furthering Fair Housing Statute 42 U.S.C. 3608 (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;
Metrowide and Regional (Consortium of Localities) jurisdictions must follow three components of Fair Housing Planning: • The Analysis of Impediments • The actions to be taken to address the impediments • The maintenance of records • In addition to these requirements, Metrowide/Regional jurisdictions have a dual responsibility as it relates to Fair Housing Planning: • Must include an analysis that identifies both State & Entitlement jurisdictional and regional impediments to fair housing choice and the appropriate actions to remove them • 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 Responsibilities for metrowide/regional fair housing planning
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.
Getting Started: What Should Be Included/Addressed in an Analysis of Impediments?
Role of federal, state and local governments in creating segregation Slavery Black codes Jim crow laws Racial zoning Redlining
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 Concentrated Together?
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
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. 1990. “American Apartheid: Segregation and the Making of the Underclass. American Journal of Sociology 96(2): 329-357
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 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 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 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)
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.
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)
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)
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)
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)
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)
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.