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Affirmatively Furthering Fair Housing
in Oregon
Pegge McGuire, Executive Director
www.fhco.org
503-223-8197 x112
3/19/2014...
The Fair Housing Council of Oregon (FHCO)
is a Private, Non-Profit, Non-Partisan
Organization Serving the Entire State of
...
What is Fair Housing?
•The set of federal, state, and local laws that protect
individuals based on their membership in a p...
Who is Covered by Fair Housing Protections?
•Race
•Color
•National Origin
•Religion
•Sex (Gender)
•Familial Status (childr...
Illegal Discrimination in Housing
•Direct Discrimination
•Overt and covert
•Systemic Discrimination
•Disparate impact
•Pol...
1 in 10 report
discrimination
4,000 calls per year, 400 formal
intakes, 100 complaints, 65 “for
cause” charges
Rental
Lend...
The Leavening in the Recipe
•Oregon Territory-20-39 stripes
•80% of the Native population decimated by disease
•1859-Slave...
We’re From the Government,
We’re Here to Help
•1940’s to 1980’s Institutional policies further
solidify policies and pract...
Fair Housing, Needed Housing,
Affordable Housing: Fair Housing Planning
Albany
Ashland
Beaverton
Bend
Corvallis
Eugene
Gre...
Indicators of Barriers to
Equal Opportunity in Housing-Separate is Not Equal
•Education: school performance, test scores, ...
Oregon land use
statutes in place
since
1973, establishes
14 goals for land
use (#10 is related
to housing)
Department of
...
Changing the Recipe
Changing the Paradigm
•Challenge our assumptions and standards
•Has the decision-making process includ...
A Few Opportunities
for this Group to Consider
•Modifications to Goal 10 to incorporate
provisions of Affirmatively Furthe...
Q & A?
3/19/2014 14
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Affirmatively Furthering Fair Housing in Oregon - Pegge McGuire

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Affirmatively Furthering Fair Housing in Oregon - Pegge McGuire

  1. 1. Affirmatively Furthering Fair Housing in Oregon Pegge McGuire, Executive Director www.fhco.org 503-223-8197 x112 3/19/2014 1
  2. 2. The Fair Housing Council of Oregon (FHCO) is a Private, Non-Profit, Non-Partisan Organization Serving the Entire State of Oregon Promoting and protecting fair housing rights (since 1990) Providing expert testimony in fair housing litigation and in housing policy discussions Supporting local jurisdictions with technical guidance on fair housing impacts of zoning, land use, housing, policies and practices Facilitating community conversations on fair housing impacts of laws, rules, polices, and practices related to creating, accessing, or using housing or housing related programs or services 3/19/2014 2
  3. 3. What is Fair Housing? •The set of federal, state, and local laws that protect individuals based on their membership in a protected class from individual or systemic discrimination •Proactive elimination of segregation and promotion of equal opportunity access to housing (intentional inclusion and strategic community investment) •The body of case law and HUD regulations interpreting FHAA and other fair housing laws that require publicly supported housing and housing programs to proactively remove barriers to access and stability in housing 3/19/2014 3
  4. 4. Who is Covered by Fair Housing Protections? •Race •Color •National Origin •Religion •Sex (Gender) •Familial Status (children under 18) •Disability (broadly defined, requires barrier removal) •Marital Status •Sexual Orientation/Gender Identity •Source of Income (now including HCV participants) •Survivors of Domestic Violence
  5. 5. Illegal Discrimination in Housing •Direct Discrimination •Overt and covert •Systemic Discrimination •Disparate impact •Policies and practices that perpetuate segregation •A few words about testing
  6. 6. 1 in 10 report discrimination 4,000 calls per year, 400 formal intakes, 100 complaints, 65 “for cause” charges Rental Lending Homeowner’s Insurance Real Estate Sales Zoning, Siting, Permitting Neighbor-on-Neighbor Harassment 40% disability 25% race and ethnicity 25% familial status 10% religion, sexual orientation, etc. Fair Housing Complaints in Oregon 3/19/2014 6
  7. 7. The Leavening in the Recipe •Oregon Territory-20-39 stripes •80% of the Native population decimated by disease •1859-Slave vs. Free State (Eliminated from the constitution in the 1920’s) •1859 Chinese Exclusion (Repealed in the 40’s) •1920’s largest KKK this side of the Rockies •Anti-Immigrant activism through the 1940’s: • English, Germans, Scotch, Irish, Scandinavians • North Italians • Bohemians, Czechs, Poles, Lithuanians • Greeks • Russians, Jews • South Italians • Negroes • Mexicans3/19/2014 7
  8. 8. We’re From the Government, We’re Here to Help •1940’s to 1980’s Institutional policies further solidify policies and practices leading to segregation •FHA appraisal standards •VA loan policies •Transportation “improvements” •Urban Renewal/Removal •White flight •1968 FHA enacted •2013 HUD draft rule enacted to clarify the FHA mandate to address segregated housing patterns and promote diverse, inclusive communities
  9. 9. Fair Housing, Needed Housing, Affordable Housing: Fair Housing Planning Albany Ashland Beaverton Bend Corvallis Eugene Gresham Hillsboro Medford Portland Salem Springfield Clackamas County Multnomah County Washington County Balance of State Grants Pass Redmond Use federal funds to erase historic patterns of discrimination Prevent future segregation/ Promote integration Redress past segregation patterns Identify elements of segregation and integration Identify areas concentrated by poverty, race and national origin Create access to areas of opportunity Create an appropriate fair housing environment Consider infrastructure investments in the past Ensure robust public participation 3/19/2014 9
  10. 10. Indicators of Barriers to Equal Opportunity in Housing-Separate is Not Equal •Education: school performance, test scores, graduation rates, teacher ratios, free school lunch percentages •Economic Development: land use policies, zoning decisions, incentives for mixed use and affordable housing, affirmative marketing •Economic Health in the Neighborhood: job opportunities, grocery stores, publicly funded economic development/infrastructure investments •Accessibility of housing: near transportation and services, barrier free, meets design and construction standards •Location, availability, accessibility of housing: unit sizes, accessible features, environmental features •Special considerations: group homes, mixed income, first time homebuyer (gentrification), foreclosures and other predatory indicators, public transportation and LIDs, environmental issues 3/19/2014 10
  11. 11. Oregon land use statutes in place since 1973, establishes 14 goals for land use (#10 is related to housing) Department of Land Conservation and Development adopts policy and reviews plans Local governments plan and regulate land use (submit plans and amendments to LCDC for review Goal 10 Establishes the requirement for jurisdictions to assess and plan for “needed housing” in a variety of price ranges, rent levels, housing types A few notable exceptions since adoption in 1973: Accessibility for people with disabilities Considerations for affirmatively furthering fair housing Policies to help rectify the detrimental effects of gentrification on historically underserved communities Land Use Planning the Oregon Way 3/19/2014 11
  12. 12. Changing the Recipe Changing the Paradigm •Challenge our assumptions and standards •Has the decision-making process included robust input from a broad spectrum of the impacted populations and viewpoints of historically underserved communities? •What does the data tell us? •What is the legitimate business reason for the rule, policy, practice? •What are the barriers created by our current process/rule? •Is there a less discriminatory way to accomplish our goals?
  13. 13. A Few Opportunities for this Group to Consider •Modifications to Goal 10 to incorporate provisions of Affirmatively Furthering Fair Housing •Assign a role for OHCS to participate in the periodic review of local plan amendments for AFFH issues •Create a process for statewide housing planning across state agencies engaged in housing development and subsidy using public funds (OHCS, OHA, DHS, DOC, etc.) •Housing is part of a system that includes environment, transportation, education, quality of life, non-traditional partners (e.g. DOT, DEQ, ODOE, DOE, etc.) should be required to consider their impacts on housing opportunity
  14. 14. Q & A? 3/19/2014 14

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