HOUSING, OPPORTUNITY & RACE:    THE CASE OF THOMPSON V. HUD    IN BALTIMORE, MD    Jason Reece, AICP1    Senior Researcher...
TODAY’S CLASS & DISCUSSION   Thinking about our History: Planning, Housing,    Opportunity & Race       Access to Opport...
THINKING ABOUT OUR HISTORY3   Planning, Housing, Opportunity & Race
PLANNING’S EVOLUTION OF                        CONFRONTING URBAN PROBLEMS  4                                 • Euclidean  ...
URBAN PROBLEMS: VIEW FROM 1968   This finding from the 1968 Kerner Commission    (“Report of the National Advisory Commis...
URBAN PROBLEMS: VIEW FROM 2008   This description is repeated nearly 40 years later in a    recent study of concentrated ...
THE 1960’S AND TODAY:URBAN UNREST AND URBAN DISTRESS IN DETROIT                                             7
8
WHY DID THIS HAPPEN?    HISTORICAL POLICIES CONTRIBUTING TO RESIDENTIAL SEGREGATION9   AND ISOLATION       Segregation as...
POLICIES ENFORCING INEQUITY:  HISTORICAL GOVERNMENT ROLE“If a neighborhood is to retain   stability, it is necessary that ...
REDLINING MAP OF PHILADELPHIA                                11
http://www.albany.edu/jmmh/vol2no1/sugrue.htmlTHE “WAILING WALL” IN DETROIT                                               ...
THE RISE OF SUBURBIA:BUT NOT ACCESSIBLE TO EVERYONE                                                                       ...
FHA HIGHWAY CONSTRUCTION IN CINCINNATI –DEMOLISHING MUCH OF THE AFRICANAMERICAN WEST SIDE                                 ...
URBAN RENEWAL IN BOSTON                          15
URBAN RENEWAL & NEW ATTEMPTS AT PUBLIC HOUSING   Superblock Public Housing       Stateway Gardens in Chicago being compl...
UNPRECEDENTEDCONCENTRATED POVERTY:THE RISE OF CONCENTRATED                           17PUBLIC HOUSING
FROM MARVEL TO DISASTER: PRUITT-IGOE IN ST. LOUIS                                                    18
WHY DOES THIS CONTINUE?CONTEMPORARY FACTORS CONTRIBUTING TO RESIDENTIALSEGREGATION AND ISOLATION   De facto segregation a...
WHY DO WE STILL PUSH FOR FAIR     HOUSING?20   The Dynamics of Race, Place and Opportunity
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 ...
PLACE HAS A PROFOUND IMPACT ON CHILDDEVELOPMENT, HEALTH AND WELL BEING                                       23
Which community would you choose?To be safe and have positive health outcomes? For your kids to receive a qualityeducation...
WHAT ARE THE IMPLICATIONS OF OPPORTUNITYISOLATION?   Individual     Poor economic outcomes, lower educational      outco...
MORE ON THOMPSON V. HUD26   Fair Housing in the Baltimore Region Today
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, SUBSIDIZEDHOUSING IN THEBALTIMORE REGION   Subsidized housing    opportunities in    Baltimore are generally...
30
MORE ON THOMPSON V. HUD   In January 2005, US District Court Judge Garbis found HUD    liable for violating the federal F...
PLAINTIFF’S RESPONSE   “We intend to secure a remedy that will help African American    public housing residents undo the...
DIRECTOR POWELL’S REMEDIAL PROPOSAL   The remedy must provide desegregative housing units in    areas of opportunity    ...
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 Plaintiffspropose providing desegregative housing  opportunities in the region’s high o...
HUD’S RESPONSE The judge has not legal authority to impose a remedy, only the  ability to recommend a remedy The remedia...
THE CLASS AND SEGREGATIONARGUMENT:WHAT ABOUT LOW INCOMEWHITES?                            39
OPPORTUNITY, RACE AND CLASS                              40
STATUS OF THE CASE Remedial phase  trial ended in early May of 2006 Awaiting Judge Garbis’s final decision later this ye...
THE PARTIAL CONSENT DECREE PROGRAM   Approximately 14,000 have applied, smaller scale    housing mobility program (which ...
Initial Moves and Secondary Moves by Thompson Consent               Decree Program Participants                           ...
44
WHAT IF THE BALTIMORE REGION HAD DEVELOPEDDIFFERENTLY?   According to David Rusk, inclusionary zoning (e.g. the    Montgo...
SUPPORTING REGIONAL HOUSING SOLUTIONS46   Discussion
DISCUSSION: SUPPORTING REGIONAL HOUSINGSOLUTIONS   What challenges do you anticipate confronting in    implementing regio...
TO LEARN MORE ABOUT THIS CASE OR THE INSTITUTE, PLEASE VISIT USON-LINE AT: WWW.KIRWANINSTITUTE.ORG                        ...
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Housing, Opportunity & Race: The Case of Thompson v. HUD in Baltimore, MD

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Housing, Opportunity & Race: The Case of Thompson v. HUD in Baltimore, MD

  1. 1. HOUSING, OPPORTUNITY & RACE: THE CASE OF THOMPSON V. HUD IN BALTIMORE, MD Jason Reece, AICP1 Senior Researcher The Kirwan Institute for the Study of Race & Ethnicity Reece.35@osu.edu and www.kirwaninstitute.org Guest Lecture May 7th 2009 City and Regional Planning 815: Urban Planning Case Studies in Housing Case Studies in Housing
  2. 2. TODAY’S CLASS & DISCUSSION Thinking about our History: Planning, Housing, Opportunity & Race  Access to Opportunity Matters Baltimore, MD at the time of Thompson v. HUD  The Litigation & Judicial Decision  Moving Past Litigation - Crafting a response  New Housing Challenges in the Region  Discussion: How would you respond? Discussion: Supporting regional housing solutions  What are the factors driving and impeding regional housing challenges?  What role should planners play? 2
  3. 3. THINKING ABOUT OUR HISTORY3 Planning, Housing, Opportunity & Race
  4. 4. PLANNING’S EVOLUTION OF CONFRONTING URBAN PROBLEMS 4 • Euclidean Zoning • Birth of • “City Urban Advocacy Efficient” Renewal Planning Smart Opportunity City and (Davidoff) Growth Based • First LateLate/Ea Beautiful 1920’s Suburbs Modernism • The CDC New Planning and and Emerge 1950- 60’s movement Urbanism The Communityrly 19th (Burnham Birth of emerges 1990’s 1960’s and Future? Dev.Century and 1930’s • Garden Super • Regional Sustain- Others) Cities Block 1970’s Fair Share ability Planning for the Green • First Public Strategies Economy public Housing • Model housing Cities
  5. 5. URBAN PROBLEMS: VIEW FROM 1968 This finding from the 1968 Kerner Commission (“Report of the National Advisory Commission on Civil Disorders”) is still compelling and applicable to the current challenges facing marginalized urban communities of color.  “…the single overriding cause of rioting in the cities was not any one thing commonly adduced – unemployment, lack of education, poverty, exploitation – but that it was all of those things and more…”  Source: The Kerner Report. The 1968 Report of the National Advisory Commission on Civil Disorders. Introduction by Tom Wicker. Page xvii. 5
  6. 6. URBAN PROBLEMS: VIEW FROM 2008 This description is repeated nearly 40 years later in a recent study of concentrated poverty released by the U.S. Federal Reserve and The Brookings Institution:  “Each of the headline issues examined in this chapter – schools and skills, housing, lack of mainstream investment, and limited community capacity – plays a role in perpetuating the disadvantage confronting these high-poverty urban and rural areas today. Together, these issues entangle many high poverty communities in a Gordian knot….  The U.S. Federal Reserve Bank. “The Enduring Challenge of Concentrated Poverty In America.” Produced by the U.S. Federal Reserve and The Brookings Institution. page 191. Accessible online at: http://www.frbsf.org/cpreport/# History matters  We are still struggling with many of the same challenges facing urban communities and housing 6
  7. 7. THE 1960’S AND TODAY:URBAN UNREST AND URBAN DISTRESS IN DETROIT 7
  8. 8. 8
  9. 9. WHY DID THIS HAPPEN? HISTORICAL POLICIES CONTRIBUTING TO RESIDENTIAL SEGREGATION9 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
  10. 10. 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 10
  11. 11. REDLINING MAP OF PHILADELPHIA 11
  12. 12. http://www.albany.edu/jmmh/vol2no1/sugrue.htmlTHE “WAILING WALL” IN DETROIT 12
  13. 13. THE RISE OF SUBURBIA:BUT NOT ACCESSIBLE TO EVERYONE 13 In the suburb-shaping years (1930-1960), less than one-percent of all African Americans were able to obtain a mortgage.
  14. 14. FHA HIGHWAY CONSTRUCTION IN CINCINNATI –DEMOLISHING MUCH OF THE AFRICANAMERICAN WEST SIDE 14
  15. 15. URBAN RENEWAL IN BOSTON 15
  16. 16. 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 16
  17. 17. UNPRECEDENTEDCONCENTRATED POVERTY:THE RISE OF CONCENTRATED 17PUBLIC HOUSING
  18. 18. FROM MARVEL TO DISASTER: PRUITT-IGOE IN ST. LOUIS 18
  19. 19. WHY DOES THIS CONTINUE?CONTEMPORARY FACTORS CONTRIBUTING TO RESIDENTIALSEGREGATION AND ISOLATION De facto segregation and opportunity isolation  Exclusionary zoning  Subtle forms of housing discrimination  Racial steering, editorializing  Fragmented school districts and court decisions  Economic development policy, infrastructure policy and subsidized housing policy  Continued exurban sprawl and white flight  Reverse redlining  Buy here pay here, rent to own, payday lending, subprime mortgage loans 19
  20. 20. WHY DO WE STILL PUSH FOR FAIR HOUSING?20 The Dynamics of Race, Place and Opportunity
  21. 21. 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 21
  22. 22. 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 communities 22 22
  23. 23. PLACE HAS A PROFOUND IMPACT ON CHILDDEVELOPMENT, HEALTH AND WELL BEING 23
  24. 24. Which community would you choose?To be safe and have positive health outcomes? For your kids to receive a qualityeducation? Which community would be better for employment and have a moresustainable tax base? 24
  25. 25. WHAT ARE THE IMPLICATIONS OF OPPORTUNITYISOLATION? Individual  Poor economic outcomes, lower educational outcomes, degraded asset development  Poor health conditions, higher exposure and risk from crime  Psychological distress, weak social and professional networks Community/Economy  High social costs, distressed and stressed communities, fiscal challenges  Weakened civic engagement and democratic participation  Underdeveloped human capital, poor labor outlook, poor economic development prospects 25
  26. 26. MORE ON THOMPSON V. HUD26 Fair Housing in the Baltimore Region Today
  27. 27. 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 27
  28. 28. 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 exams 28
  29. 29. SEGREGATION, SUBSIDIZEDHOUSING IN THEBALTIMORE REGION Subsidized housing opportunities in Baltimore are generally clustered in the region’s predominately African American neighborhoods 29
  30. 30. 30
  31. 31. 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] 31
  32. 32. PLAINTIFF’S RESPONSE “We intend to secure a remedy that will help African American public housing residents undo the harms they have suffered for more than sixty years because of HUD’s discriminatory policies. We believe that this case, in Thurgood Marshall’s hometown, is the most important housing desegregation lawsuit in a generation.” -Theodore M. Shaw, NAACP LDF Director-Counsel and President 32
  33. 33. DIRECTOR POWELL’S REMEDIAL PROPOSAL The remedy must provide desegregative housing units in areas of opportunity  The proposal conducted an “opportunity mapping” analysis in the region to locate high opportunity census tracts The remedy must be regional in scope The remedy must be race conscious The remedial program should be a structured choice model and voluntary for P.H. residents The remedy must be goal driven, not process driven HUD must consider both vouchers and housing production to meet the remedy’s goals 33
  34. 34. 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 34
  35. 35.  AfricanAmerican’s are generally clustered in the Baltimore region’s lowest opportunity neighborhoods 35
  36. 36.  Subsidized housing opportunities in Baltimore are generally clustered in the region’s lowest opportunity neighborhoods 36
  37. 37. FINAL PLAINTIFF’S PROPOSED REMEDY Plaintiffspropose 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 37
  38. 38. HUD’S RESPONSE The judge has not legal authority to impose a remedy, only the ability to recommend a remedy The remedial proposal is infeasible  A regional remedial program is impractical and new housing production will be too costly  The selection of opportunity areas is arbitrary HUD’s experts arguments  Segregation is natural and the result of only income and personal preference, the government can do nothing about this  More African Americans are living in the suburbs therefore segregation is not a concern in our current society  The harms of living in concentrated poverty and the benefits of living near opportunity structures, are overstated and not provable  Too few public housing residents will wish to relocate  Mobility based housing programs are not sustainable and “in-place” strategies are preferable (enterprise zones in urban areas etc.) 38
  39. 39. THE CLASS AND SEGREGATIONARGUMENT:WHAT ABOUT LOW INCOMEWHITES? 39
  40. 40. OPPORTUNITY, RACE AND CLASS 40
  41. 41. STATUS OF THE CASE Remedial phase trial ended in early May of 2006 Awaiting Judge Garbis’s final decision later this year  The HUD/DOJ very likely to appeal Consortium of advocates in the Baltimore region are starting a campaign to build support for the program and aligning support services for movers Partial consent decree program is continuing and is very popular 41
  42. 42. THE PARTIAL CONSENT DECREE PROGRAM Approximately 14,000 have applied, smaller scale housing mobility program (which has moved over 1,300 families as of 2008)  It places priority on placements in non segregated and non poor communities  Includes rental and homeownership programs, includes counseling services  Also analyzing the number of movers locating to “opportunity areas” Other changes impacting the Baltimore market  The Foreclosure crisis  Widespread foreclosures in Baltimore 42  Creating an additional housing burden
  43. 43. Initial Moves and Secondary Moves by Thompson Consent Decree Program Participants 43
  44. 44. 44
  45. 45. WHAT IF THE BALTIMORE REGION HAD DEVELOPEDDIFFERENTLY? According to David Rusk, inclusionary zoning (e.g. the Montgomery County, MD model of IZ) could have transformed the housing landscape in the Baltimore region (he modeled the impact the ordinance would have had on the Baltimore region)  David Rusk’s analysis projected that had Baltimore adopted inclusionary zoning by 1980, in two decades the region would have produced 15,800 “workforce” moderate income housing units and 7,900 units for very low income households  The majority of these units 90% would have been constructed in the suburban jurisdiction’s in the metropolitan region  The policies could of resulted in the movement of at least 18,500 impoverished residents in Baltimore to non-high poverty suburban areas  It would have resulted in student poverty rates in the City of 45 Baltimore school district to drop from 83% to 53% (as of 2002)
  46. 46. SUPPORTING REGIONAL HOUSING SOLUTIONS46 Discussion
  47. 47. DISCUSSION: SUPPORTING REGIONAL HOUSINGSOLUTIONS What challenges do you anticipate confronting in implementing regional fair housing programs?  How can we address these challenges?  How do we deal with the dynamic and fluid nature of housing markets (how do we address this in program design and housing decisions) What role should planners play?  What is the “public good” and what takes priority?  What’s good for the region? What good for your community? What’s good for marginalized communities? What’s good for the housing industry?  How do you balance these things? How do planners support change in face of confronting institutional power?  Especially in the context of regional decision making or 47 upholding civil rights concerns?
  48. 48. TO LEARN MORE ABOUT THIS CASE OR THE INSTITUTE, PLEASE VISIT USON-LINE AT: WWW.KIRWANINSTITUTE.ORG 48

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