PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSIONJason Reece, AICPSenior ResearcherThe Kirwan Institute for the Study of...
TODAY’S LECTURE What is fair housing? Why do we advocate for fair  housing? Understanding our history     Discriminatio...
WHAT IS FAIR HOUSING? Freedom to live anywhere you can afford to live  without fear of intimidation or discrimination Ho...
Health           Childcare             Employment                       Housing           Effective                       ...
Section 2OPPORTUNITY MATTERS:SPACE, PLACE, AND LIFE OUTCOMES   “Opportunity” is a situation or condition that places indi...
OPPORTUNITY MATTERS:     NEIGHBORHOODS & ACCESS TO OPPORTUNITY   Five decades of research    indicate that your environme...
PLACE HAS A PROFOUND IMPACT ON CHILDDEVELOPMENT, HEALTH AND WELL BEING                                       7
UNDERSTANDING OUR HISTORY:    EVENTS LEADING TO THE FAIR    HOUSING ACT8   PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLU...
THE 1960’S: URBAN UNREST AND URBAN DISTRESS                                              9
WHY DID THIS HAPPEN?     HISTORICAL POLICIES CONTRIBUTING TO RESIDENTIAL10   SEGREGATION AND ISOLATION        Segregation...
POLICIES ENFORCING INEQUITY:  HISTORICAL GOVERNMENT ROLE“If a neighborhood is to retain    stability, it is necessary that...
REDLINING MAP OF PHILADELPHIA                                12
http://www.albany.edu/jmmh/vol2no1/sugrue.htmlTHE “WAILING WALL” IN DETROIT                                               ...
THE RISE OF SUBURBIA:BUT NOT ACCESSIBLE TO EVERYONE                                                                      1...
FHA HIGHWAY CONSTRUCTION INCINCINNATI –DEMOLISHING MUCH OF THE AFRICANAMERICAN WEST SIDE                                  15
URBAN RENEWAL IN BOSTON                          16
URBAN RENEWAL & NEW ATTEMPTS AT PUBLIC HOUSING   Superblock Public Housing       Stateway Gardens in Chicago being compl...
UNPRECEDENTEDCONCENTRATEDPOVERTY:THE RISE OF                      18CONCENTRATED PUBLICHOUSING
FROM MARVEL TO DISASTER: PRUITT-IGOE IN ST. LOUIS                                                    19
THE FAIR HOUSING ACT20   PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
THE SIGNIFICANCE OF THE FAIRHOUSING ACT   Signed into law by President    Johnson on April 11th 1968       Direct result...
THE FAIR HOUSING ACT (1)   The 1968 Fair Housing Act (Title VIII of the 1968 Civil Rights    Act)       Bars discriminat...
THE FAIR HOUSING ACT (2)   1988 Amendments to the Fair Housing Act     Provided more stringent penalties for violating t...
OTHER HOUSING LAWS/TOOLS Community Reinvestment Act (CRA) – encourages  depository institutions to help meet credit needs...
OTHER LOCAL FAIR HOUSING TOOLS   e.g. State or local government fair housing laws     Ohio’s passed in 1965     The law...
HAVE WE ACHIEVED FAIR HOUSING?26   PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
HAVE WE ACHIEVED FAIR HOUSING?   Progress but no victory yet     Homeownership increases     Slight decline in segregat...
ACTS OF EXPLICIT HOUSING DISCRIMINATIONREPORTED   Only 27,000 reported in 2007     ¼ race based     ½ disability based...
RACIAL STEERING AND DISCRIMINATION Recent   studies by researchers and the federal government (HUD) found that racial ste...
CONTINUED SEGREGATION IN HOUSING:CONTEMPORARY DRIVING FACTORS   De facto segregation     Exclusionary zoning     Subtle...
EXCLUSIONARY LAND USE POLICY                               Minimum Lot Size for Single Family Home                  12,000...
RACIAL STEERING IN DETROIT                             32
33
NEW THREATS: THE CREDIT CRISIS AND    FORECLOSURE CHALLENGE   The result of the sub-prime &    foreclosure crisis in the ...
PREDATORY LENDING AND RACE: EXAMPLE(CLEVELAND)                                                             35    Maps: Pro...
PREDATORY LENDING, FORECLOSURE AND RACE:EXAMPLE (CLEVELAND)                                           36
MORE ON THOMPSON V. HUD37   A Case Study: Current Issues in Fair Housing
WHAT IS THOMPSON V. HUD?   Litigation brought on behalf of class of 14,000    African-American residents of public housin...
FAIR HOUSING IN BALTIMORE   Some facts and figures….       Baltimore is the 14th most segregated metropolitan region in ...
SEGREGATION, SUBSIDIZED HOUSING IN THEBALTIMORE REGION   Subsidized housing    opportunities in    Baltimore are    gener...
41
MORE ON THOMPSON V. HUD   In January 2005, US District Court Judge Garbis found    HUD liable for violating the federal F...
OPPORTUNITY ANALYSIS Use of 14 indicators of  neighborhood opportunity to  designate high and low  opportunity neighborho...
 AfricanAmerican’s are generally clustered in the Baltimore region’s lowest opportunity neighborhoods                    ...
 Subsidized housing opportunities in Baltimore are generally clustered in the region’s lowest opportunity neighborhoods  ...
FINAL PLAINTIFF’S PROPOSED      REMEDY Plaintiffs          propose providing desegregative housing  opportunities in the ...
TO LEARN MORE ABOUT THIS CASE OR THE INSTITUTE,PLEASE VISIT US ON-LINE AT: WWW.KIRWANINSTITUTE.ORG                        ...
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Planning for Fair Housing & Social/Racial Inclusion

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Planning for Fair Housing & Social/Racial Inclusion

  1. 1. PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSIONJason Reece, AICPSenior ResearcherThe Kirwan Institute for the Study of Race & EthnicityReece.35@osu.edu and www.kirwaninstitute.orgGuest Lecture June 1st 2009City and Regional Planning, The Ohio State University
  2. 2. TODAY’S LECTURE What is fair housing? Why do we advocate for fair housing? Understanding our history  Discrimination in housing (historical view)  Events leading to the Fair Housing Act Understanding the Fair Housing Act  Content The Fair Housing Act after four decades  Have we produced fair housing?  Outstanding challenges  Case study: Thompson v. HUD 2
  3. 3. WHAT IS FAIR HOUSING? Freedom to live anywhere you can afford to live without fear of intimidation or discrimination How can the housing market be unfair? (examples)  Discriminating by race, nationality, color, gender, age  Excluding the disabled or families with children  Policies that exclude by income/class? 3
  4. 4. Health Childcare Employment Housing Effective Education Participation Transportation WHY DO WE STILL ADVOCATE FOR FAIR HOUSING?4 Fair Housing and Access to Opportunity
  5. 5. Section 2OPPORTUNITY MATTERS:SPACE, PLACE, AND LIFE OUTCOMES “Opportunity” is a situation or condition that places individuals in a position to be more likely to succeed or excel. Opportunity structures are critical to opening pathways to success:  High-quality education  Healthy and safe environment  Stable housing  Sustainable employment  Political empowerment  Outlets for wealth-building  Positive social networks 5
  6. 6. OPPORTUNITY MATTERS: NEIGHBORHOODS & ACCESS TO OPPORTUNITY Five decades of research indicate that your environment has a profound impact on your access to opportunity and likelihood of success High poverty areas with poor employment, underperforming schools, distressed housing and public health/safety risks depress life outcomes  A system of disadvantage  Many manifestations  Urban, rural, suburban People of color are far more likely to live in opportunity deprived neighborhoods and 6 communities 6
  7. 7. PLACE HAS A PROFOUND IMPACT ON CHILDDEVELOPMENT, HEALTH AND WELL BEING 7
  8. 8. UNDERSTANDING OUR HISTORY: EVENTS LEADING TO THE FAIR HOUSING ACT8 PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
  9. 9. THE 1960’S: URBAN UNREST AND URBAN DISTRESS 9
  10. 10. WHY DID THIS HAPPEN? HISTORICAL POLICIES CONTRIBUTING TO RESIDENTIAL10 SEGREGATION AND ISOLATION  Segregation as policy  Jim Crow in the south  The Great Migration North  FHA policies upholding segregation  Redlining, discouraging mixed race neighborhoods  Blockbusting, racially restrictive covenants and other forms of discrimination in the housing industry  Urban renewal, highway construction and public housing policy  Suburban sprawl and white flight
  11. 11. POLICIES ENFORCING INEQUITY: HISTORICAL GOVERNMENT ROLE“If a neighborhood is to retain stability, it is necessary that properties shall continue to be occupied by the same social and racial classes. A change in social or racial occupancy generally contributes to instability and a decline in values.” –Excerpt from the 1947 FHA underwriting manual 11
  12. 12. REDLINING MAP OF PHILADELPHIA 12
  13. 13. http://www.albany.edu/jmmh/vol2no1/sugrue.htmlTHE “WAILING WALL” IN DETROIT 13
  14. 14. THE RISE OF SUBURBIA:BUT NOT ACCESSIBLE TO EVERYONE 14 In the suburb-shaping years (1930-1960), less than one-percent of all African Americans were able to obtain a mortgage.
  15. 15. FHA HIGHWAY CONSTRUCTION INCINCINNATI –DEMOLISHING MUCH OF THE AFRICANAMERICAN WEST SIDE 15
  16. 16. URBAN RENEWAL IN BOSTON 16
  17. 17. URBAN RENEWAL & NEW ATTEMPTS AT PUBLIC HOUSING Superblock Public Housing  Stateway Gardens in Chicago being completed in the late 1950’s  33 Acres of Public Housing  Eight High Rise Buildings  More than 1,600 Public Housing Units 17
  18. 18. UNPRECEDENTEDCONCENTRATEDPOVERTY:THE RISE OF 18CONCENTRATED PUBLICHOUSING
  19. 19. FROM MARVEL TO DISASTER: PRUITT-IGOE IN ST. LOUIS 19
  20. 20. THE FAIR HOUSING ACT20 PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
  21. 21. THE SIGNIFICANCE OF THE FAIRHOUSING ACT Signed into law by President Johnson on April 11th 1968  Direct result of the tremendous efforts of Dr. Martin Luther King in opening up segregated communities  Bill passage tied directly to Dr. King’s assassination on April 4th The last plank of significant legislation passed during the civil rights era
  22. 22. THE FAIR HOUSING ACT (1) The 1968 Fair Housing Act (Title VIII of the 1968 Civil Rights Act)  Bars discrimination in the private sector housing market (based on race, color, national origin, religion, sex, family status or disability)  In the sale and rental of housing  In mortgage lending  Illegal to coerce, intimidate or interfere with someone’s fair housing rights  Illegal to advertise limitations housing availability based on race, color, national origin, religion, sex, family status or disability  Some exemptions (owners with four units or less; private clubs, single family homes sold without a broker) Also contains provision that the U.S. Department of Housing and Urban Development has a duty to affirmatively further fair housing  “administer the programs and activities relating to housing and urban development in a manner affirmatively to further the policies of this subchapter” 22
  23. 23. THE FAIR HOUSING ACT (2) 1988 Amendments to the Fair Housing Act  Provided more stringent penalties for violating the act (financial)  Changed enforcement provisions (more involvement by HUD in enforcement)  Although Department of Justice remains the primary agency to apply punitive measures to Fair Housing cases  Expanded coverage to include the disabled and families with children 23
  24. 24. OTHER HOUSING LAWS/TOOLS Community Reinvestment Act (CRA) – encourages depository institutions to help meet credit needs for undercapitalized communities Home Mortgage Disclosure Act (HMDA) – lending institutions must report public loan data (includes data on race) 24
  25. 25. OTHER LOCAL FAIR HOUSING TOOLS e.g. State or local government fair housing laws  Ohio’s passed in 1965  The law gives all persons in the protected classes the right to live wherever they can afford to buy a home or rent an apartment.  It is unlawful on the basis of race, color, religion, sex, national origin or ancestry, disability, or familial status to:  a. refuse to rent, sell, finance, or insure housing accommodations or residential property  b. represent to any person that housing accommodations are not available for inspection, sale, rental or lease  c. refuse to lend money for the purchase, construction, repair, rehabilitation, or maintenance of housing accommodations or residential property  d. discriminate against any person in the purchase, renewal, or terms and conditions of fire, extended coverage, or home owner’s or renter’s insurance  e. refuse to consider without prejudice the combined income of both spouses.  f. print, publish, or circulate any statement or advertisement which would indicate a preference or limitation.  g. deny any person membership in any multiple listing services, or real estate broker’s organization.  Source: Ohio Civil Rights Commission 25
  26. 26. HAVE WE ACHIEVED FAIR HOUSING?26 PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
  27. 27. HAVE WE ACHIEVED FAIR HOUSING? Progress but no victory yet  Homeownership increases  Slight decline in segregation but still very prevalent  Decline in incidence of housing discrimination but still prevalent  Isolation from opportunity? New challenges in the future  Sub-prime lending and foreclosure 27
  28. 28. ACTS OF EXPLICIT HOUSING DISCRIMINATIONREPORTED Only 27,000 reported in 2007  ¼ race based  ½ disability based ¾ related to rental discrimination These figures miss unreported acts/subtle acts of discrimination, class based exclusionary housing and fair housing challenges related to subsidized housing 28
  29. 29. RACIAL STEERING AND DISCRIMINATION Recent studies by researchers and the federal government (HUD) found that racial steering, discrimination and exclusion are still prevalent in the housing market  Creating barriers to housing access outside of cost impediment  Orfield and Luce (2005); Iceland, Sharpe and Steinmetz (2005) Dawkins (2004); Pendall (2000); HUD HDS (2000) Galster (1998); Schill and Wachter (1995); Massey, Gross and Shibuya (1994) HUD HDS (1989) 29
  30. 30. CONTINUED SEGREGATION IN HOUSING:CONTEMPORARY DRIVING FACTORS De facto segregation  Exclusionary zoning  Subtle forms of housing discrimination  Racial steering, editorializing  Subsidized housing policy  Reverse redlining  Buy here pay here, rent to own, payday lending, subprime mortgage loans 30
  31. 31. EXCLUSIONARY LAND USE POLICY Minimum Lot Size for Single Family Home 12,000 11,000 11,000 10,000 10,000 10,000 10,000Square Feet 9,000 8,000 8,400 8,400 8,000 7,000 6,000 5,000 5,000 4,000 3,000 b) b) ) b) b) b) b) ) ity rb ur ur ur ur ur ur bu lC ub ub ub ub ub ub Su a (S (S (S (S (S (S tr r( en g ity na lle lin on te ur (C i C an ub gt es rv sb s ve in ah te D ch bu ld er es ro G in no um ck G W W ey Pi ol al R 31 C an C
  32. 32. RACIAL STEERING IN DETROIT 32
  33. 33. 33
  34. 34. NEW THREATS: THE CREDIT CRISIS AND FORECLOSURE CHALLENGE The result of the sub-prime & foreclosure crisis in the US may significantly erode fair housing gains and further isolate inner city neighborhoods  More than two million foreclosures expected in the next two years  Nationwide, nearly 55% of all high cost loans went to African American borrowers  Experts estimate that the loss in home Source: United for a equity to African American and Latino Fair Economy homeowners will exceed a quarter of trillion dollars  Why, direct asset loss (foreclosure) and loss in home value due to the geographic concentration of foreclosures in minority neighborhoods 34
  35. 35. PREDATORY LENDING AND RACE: EXAMPLE(CLEVELAND) 35 Maps: Produced and adapted from Charles Bromley, SAGES Presidential Fellow, Case Western University
  36. 36. PREDATORY LENDING, FORECLOSURE AND RACE:EXAMPLE (CLEVELAND) 36
  37. 37. MORE ON THOMPSON V. HUD37 A Case Study: Current Issues in Fair Housing
  38. 38. WHAT IS THOMPSON V. HUD? Litigation brought on behalf of class of 14,000 African-American residents of public housing in response to history of racial segregation of public housing and concentration in poor, distressed neighborhoods in Baltimore  Plaintiffs include Maryland ACLU and NAACP Legal Defense Fund  Originally defendants included the local public housing authority and the US Department of Housing & Urban Development Began in 1995…judge issued liability ruling in 2005 Remedial trial held in 2006  Still waiting for final remedial decision 38
  39. 39. FAIR HOUSING IN BALTIMORE Some facts and figures….  Baltimore is the 14th most segregated metropolitan region in the USA (as of 2000)  Approximately 67% of Baltimore’s African American or White population would need to relocate to integrate the region (based on the regional dissimilarity rate of .67  More than 53% of African Americans are physically segregated from jobs in the region  African American neighborhoods on average had poverty rates nearly 3 times the rate found in the average White neighborhood and vacancy rates more than double rates found in White neighborhoods  Nearly 3 out 4 African American kids would need to change schools to integrate the region’s schools  The average African American student attended a school with a 42% poverty rate in 2000, double the average for White students  In 2003, in the Baltimore City Schools:  3 out of 4 students were poor, more than 1/3 of classes were taught by non highly qualified teachers, less than a 1/3 of students passed proficiency 39 exams
  40. 40. SEGREGATION, SUBSIDIZED HOUSING IN THEBALTIMORE REGION Subsidized housing opportunities in Baltimore are generally clustered in the region’s predominately African American neighborhoods 40
  41. 41. 41
  42. 42. MORE ON THOMPSON V. HUD In January 2005, US District Court Judge Garbis found HUD liable for violating the federal Fair Housing Act, for not providing fair housing opportunities to Baltimore’s African American public housing residents  "Baltimore City should not be viewed ... as a container for all of the poor of a contiguous region“ HUD failed to affirmatively promote fair housing by failing to consider a regional approach to desegregating public housing  “[T]he failure adequately to take a regional approach to the desegregation of public housing in the region that included Baltimore City violated the Fair Housing Act and requires consideration of appropriate remedial action by the Court.”  [Hon. Marvin J. Garbis, Memorandum of Decision. Carmen Thompson et. al. vs. US Department of Housing and Urban Development et. al. January 6, 2005: 104] 42
  43. 43. OPPORTUNITY ANALYSIS Use of 14 indicators of neighborhood opportunity to designate high and low opportunity neighborhoods in the Baltimore region Indicators of Opportunity (General)  Neighborhood Quality/Health  Poverty, Crime, Vacancy, Property Values, Population Trends  Economic Opportunity  Proximity to Jobs and Job Changes, Public Transit  Educational Opportunity  School Poverty, School Test Scores, Teacher Qualifications 43
  44. 44.  AfricanAmerican’s are generally clustered in the Baltimore region’s lowest opportunity neighborhoods 44
  45. 45.  Subsidized housing opportunities in Baltimore are generally clustered in the region’s lowest opportunity neighborhoods 45
  46. 46. FINAL PLAINTIFF’S PROPOSED REMEDY Plaintiffs propose providing desegregative housing opportunities in the region’s high opportunity neighborhoods to remedy HUD’s fair housing violations  With the goal of providing nearly 7,000 affordable housing opportunities in high opportunity communities to public housing residents who volunteer to relocate in ten years  Flexibility in implementation (new construction and vouchers) Aligned with proposals to provide support services for residents who volunteer for the program 46
  47. 47. TO LEARN MORE ABOUT THIS CASE OR THE INSTITUTE,PLEASE VISIT US ON-LINE AT: WWW.KIRWANINSTITUTE.ORG 47

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