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March 19, 2012

Via Electronic Submission

Seattle Housing Authority
Tom Tierney, Executive Director
ttierney@seattlehousing.org

Anne Fiske Zuniga
Senior Development Program Manager, Yesler Terrace
AFZuniga@seattlehousing.org

CC:    Seattle Department of Planning and Development
       Dave LaClergue, Land Use Planner II <dave.laclergue@seattle.gov>
       Gary Johnson, Land Use Planner IV <gary.johnson@seattle.gov>

Re: Yesler Terrace Public Housing Redevelopment Plan

The Yesler Terrace Redevelopment Plan is touted as a way to revitalize the oldest public housing
project in the city into a mixed-use/mixed-income development that will revitalize the Yesler
Terrace area with new economic opportunity and vitality.

Demographically, in many ways, Yesler Terrace community is a Seattle cultural landmark.
Yesler Terrace is a unique Seattle community with over 1,100 residents from diverse race, ethnic
and cultural backgrounds. Yesler Terrace is home to a much higher proportion of households
with children than most Seattle communities, and with more persons per household. There are
many immigrant families that rely on Yesler Terrace for community and cultural contacts, as
multiple languages other than English are spoken there. It is inarguable that racial, ethnic, and
economic composition of Yesler Terrace population is unique in many ways. (Yesler Terrace
Redevelopment Fact Sheet July 2011; Yesler Terrace Background Report, Prepared for Seattle
Housing Authority 2008)

1. Prolonged “Temporary” Relocation = Permanent Displacement of Vulnerable Youth

The Yesler Terrace Plan’s redevelopment-induced “temporary” relocation is part of a 5-10 year
existing unit replacement phase that, if prolonged, could result in a permanent displacement of
vulnerable Yesler Terrace youth and their families. A permanent displacement of housing, either
intentionally or by default, would violate the Seattle Housing Authority’s affirmative duty,
pursuant to the Fair Housing Act, to avoid discriminatory effects from using its HUD grant
money in the Yesler Terrace redevelopment, and would likewise violate multiple other civil
rights obligations (including, Title VI of the Civil Rights Act of 1964, Section 504 of the
Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990; See,
HUD PIH Notice: PIH-2011-31/FHEO Notice: FHEO-2011-1 Issued June 13, 2011. ) by its
permanent displacement of certain racial/ethnic/national origin resident subgroups, youth and
families, and persons with disabilities.
This is why the lack of explicit housing rights safeguards and protections within the Yesler
Terrace Redevelopment Plan (“the Plan”) presents such a threat of harm.


2. Threats of Harm to Yesler Terrace Youth from the Redevelopment Plan

The most imminent threat of harm to Yesler Terrace Youth comes from: (i)lost educational
opportunities, (ii)increased housing insecurity, and (iii)lost access to family and community
services.

                A. Lost Educational Opportunities for Yesler Terrace Youth

At the March 7, 2012, community meeting at Yesler Terrace Community Center, I addressed the
Seattle Department of Planning and Development staff, as well as Seattle of Housing Authority
official and noted my concern that there seemed to be zero plan regarding the protection of the
educational opportunity of Yesler Terrace children. I noted the significance of the absence of any
School officials or statements regarding the impact of the Yesler Terrace Plan on its school-age
children. Simply, this is unacceptable.

     B. Increased Risk of Housing Insecurity /Homelessness for Yesler Terrace Youth

A state study of Washington’s homeless youth found that generally homeless youth academically
performed worse than non-homeless youth, they achieved higher grades and performed better on
Washington Assessment of Student Learning (WASL) when they were able to stay in their
original school. [WA State Department of Transportation, Homeless Student Transportation
Project Evaluation(2006)- http://www.wsdot.wa.gov/Research/Reports/600/665.1.htm]

Likewise, youth experiencing housing insecurity and forced relocation face traumatic upheaval
comparable to that of homelessness, particularly young children.

The Seattle School district is already required by law to have a homeless education liaison.
According to Seattle Public Schools policy on Homeless Children and Youth (D-118):

Students who are homeless and are new to Seattle Public Schools may attend any available
school that non-homeless students who live in the same attendance area can attend;
....
Students who are homeless, or homeless students who move, may continue their education in
their school of origin with transportation provided. If homeless students move out of the Seattle
School District, transportation costs will be negotiated with the resident district.”

The children of displaced families from Yesler Terrace Plan’s forced relocation deserve no less
than the same guarantee from the City and Seattle Schools of similar flexible assistance to ensure
educational continuity and that no lost educational opportunity will result.
C. Lost Community Support/Childcare Services For Vulnerable Youth and Families

There should be no loss in community services due to forced “temporary” relocation. The
expected prolonged nature of the forced relocation of Yesler Terrace residents (5-10 years) will
strain families that in many cases are already at the margins and rely on community services for
childcare and additional family supports, such as after-school and adult learning. The Yesler
Terrace plan calls for up to 100 interim units, during the redevelopment process. These interim
units as well as any subsequent replacement units should have equal access to services and
amenities equal to the current site and, ultimately, the redeveloped site.

3. Guaranteed Right to Return for All Current Resident Families and their Children

The ultimate threat of harm from the redevelopment plan is the lack of an explicit guaranteed
right to return after forced relocation. All current Yesler Terrace public housing residents should
be assisted in their relocation to minimize difficulty, their guaranteed right to return to
redeveloped units should be explicitly strengthened and clarified with no heightened re-screening
for current residents to reoccupy redeveloped units, and

                      Minimize Prolonged Relocation Displacement

All public housing rental units affected by demolition or redevelopment should be replaced with
new or redeveloped public housing rental units on a one-for-one basis. In the interim, Seattle
Housing Authority should diligently provide positive, supportive relocation services with an
emphasis on relocation of displaced public housing households with vouchers assistance, rather
than the forced transfer of vulnerable families and children to other unfamiliar, public housing
sites.

               Ongoing Tracking of Relocated Current Residents, No "Lost" Families

The City/Seattle Housing Authority should identify residents before displacement, and commit to
ongoing tracking surveys of where the displaced residents relocated to and their satisfaction with
their interim housing. Frequents ongoing surveys of no later than every 6 months to displaced
residents within a pre-established schedule, up to and including the completion of the
Redevelopment Plan’s replacement housing units. This will help determine those residents who
choose not to return to Yesler Terrace versus those that are unable to return due to other
intervening exclusionary conditions, such as heightened screening policies.

                      No Heightened Unreasonable Re-Screening Criteria

The Redevelopment Plan’s implementation calls for only current Yesler Terrace residents in
“good standing” as eligible for returning to the redeveloped units. There should an explicit
definition of good standing that does not allow for unreasonable or vague criteria to act as a bar
to their return. Nor should any current residents who are considered in compliance with current
Seattle Housing Authority policies be disqualified to reoccupy due to heightened standards, such
as credit histories.
4. Race/Ethnicity/National Origin/Disability, Families, and Youth Impact Assessment

The City/Seattle Housing Authority needs to assess the Yesler Terrace Redevelopment Plan’s
Race, Ethnicity, National Origin, Disability, Families, and Youth Impact at all stages of the
Yesler Terrace Redevelopment to ensure that the residents are not disenfranchised of their rights
to fair housing opportunities and civil rights. Such an impact assessment is necessary to ensure
transparency and accountability throughout the process.

Conclusion

The primary goal of the Yesler Terrace Redevelopment Plan should be meeting the housing
needs of low income families. Failure to assess the racial and socioeconomic impact of the
Yesler Terrace Plan increases the likelihood of disproportionate discriminatory displacement and
reductions in affordable housing opportunities. Youth and their affected families should be given
full education and social services attention so that the social trauma of displacement is avoided.

At a minimum, without implementation and adherence to the aforementioned safeguards, the
implementation of the Yesler Terrace Redevelopment Plan will likely violate the Fair Housing
Act's discriminatory effects standards, multiple other civil rights obligations, as well as the Fifth
and Fourteenth Amendment Due Process Rights of existing Yesler Terrace residents unfairly
impacted by redevelopment displacement.

I appreciate your attention to these urgent matters.

Sincerely,
   /s/
Ernest Saadiq Morris, Esq.
Director, Urban Youth Justice Initiative
www.UrbanYouthJustice.org
Law Office: www.DefendMyRight.com
P.O. Box 45637
Seattle, WA 98145
Tele/Fax: (888) 938- 7770

CC:    Ron English
       Acting General Counsel
       Seattle Public Schools
       renglish@seattleschools.org

       Dinah Ladd, Coordinator
       Homelessness Office
       Seattle Public Schools
       djladd@seattleschools.org

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3.19.12.letter.yt rdvpmnt

  • 1. March 19, 2012 Via Electronic Submission Seattle Housing Authority Tom Tierney, Executive Director ttierney@seattlehousing.org Anne Fiske Zuniga Senior Development Program Manager, Yesler Terrace AFZuniga@seattlehousing.org CC: Seattle Department of Planning and Development Dave LaClergue, Land Use Planner II <dave.laclergue@seattle.gov> Gary Johnson, Land Use Planner IV <gary.johnson@seattle.gov> Re: Yesler Terrace Public Housing Redevelopment Plan The Yesler Terrace Redevelopment Plan is touted as a way to revitalize the oldest public housing project in the city into a mixed-use/mixed-income development that will revitalize the Yesler Terrace area with new economic opportunity and vitality. Demographically, in many ways, Yesler Terrace community is a Seattle cultural landmark. Yesler Terrace is a unique Seattle community with over 1,100 residents from diverse race, ethnic and cultural backgrounds. Yesler Terrace is home to a much higher proportion of households with children than most Seattle communities, and with more persons per household. There are many immigrant families that rely on Yesler Terrace for community and cultural contacts, as multiple languages other than English are spoken there. It is inarguable that racial, ethnic, and economic composition of Yesler Terrace population is unique in many ways. (Yesler Terrace Redevelopment Fact Sheet July 2011; Yesler Terrace Background Report, Prepared for Seattle Housing Authority 2008) 1. Prolonged “Temporary” Relocation = Permanent Displacement of Vulnerable Youth The Yesler Terrace Plan’s redevelopment-induced “temporary” relocation is part of a 5-10 year existing unit replacement phase that, if prolonged, could result in a permanent displacement of vulnerable Yesler Terrace youth and their families. A permanent displacement of housing, either intentionally or by default, would violate the Seattle Housing Authority’s affirmative duty, pursuant to the Fair Housing Act, to avoid discriminatory effects from using its HUD grant money in the Yesler Terrace redevelopment, and would likewise violate multiple other civil rights obligations (including, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990; See, HUD PIH Notice: PIH-2011-31/FHEO Notice: FHEO-2011-1 Issued June 13, 2011. ) by its permanent displacement of certain racial/ethnic/national origin resident subgroups, youth and families, and persons with disabilities.
  • 2. This is why the lack of explicit housing rights safeguards and protections within the Yesler Terrace Redevelopment Plan (“the Plan”) presents such a threat of harm. 2. Threats of Harm to Yesler Terrace Youth from the Redevelopment Plan The most imminent threat of harm to Yesler Terrace Youth comes from: (i)lost educational opportunities, (ii)increased housing insecurity, and (iii)lost access to family and community services. A. Lost Educational Opportunities for Yesler Terrace Youth At the March 7, 2012, community meeting at Yesler Terrace Community Center, I addressed the Seattle Department of Planning and Development staff, as well as Seattle of Housing Authority official and noted my concern that there seemed to be zero plan regarding the protection of the educational opportunity of Yesler Terrace children. I noted the significance of the absence of any School officials or statements regarding the impact of the Yesler Terrace Plan on its school-age children. Simply, this is unacceptable. B. Increased Risk of Housing Insecurity /Homelessness for Yesler Terrace Youth A state study of Washington’s homeless youth found that generally homeless youth academically performed worse than non-homeless youth, they achieved higher grades and performed better on Washington Assessment of Student Learning (WASL) when they were able to stay in their original school. [WA State Department of Transportation, Homeless Student Transportation Project Evaluation(2006)- http://www.wsdot.wa.gov/Research/Reports/600/665.1.htm] Likewise, youth experiencing housing insecurity and forced relocation face traumatic upheaval comparable to that of homelessness, particularly young children. The Seattle School district is already required by law to have a homeless education liaison. According to Seattle Public Schools policy on Homeless Children and Youth (D-118): Students who are homeless and are new to Seattle Public Schools may attend any available school that non-homeless students who live in the same attendance area can attend; .... Students who are homeless, or homeless students who move, may continue their education in their school of origin with transportation provided. If homeless students move out of the Seattle School District, transportation costs will be negotiated with the resident district.” The children of displaced families from Yesler Terrace Plan’s forced relocation deserve no less than the same guarantee from the City and Seattle Schools of similar flexible assistance to ensure educational continuity and that no lost educational opportunity will result.
  • 3. C. Lost Community Support/Childcare Services For Vulnerable Youth and Families There should be no loss in community services due to forced “temporary” relocation. The expected prolonged nature of the forced relocation of Yesler Terrace residents (5-10 years) will strain families that in many cases are already at the margins and rely on community services for childcare and additional family supports, such as after-school and adult learning. The Yesler Terrace plan calls for up to 100 interim units, during the redevelopment process. These interim units as well as any subsequent replacement units should have equal access to services and amenities equal to the current site and, ultimately, the redeveloped site. 3. Guaranteed Right to Return for All Current Resident Families and their Children The ultimate threat of harm from the redevelopment plan is the lack of an explicit guaranteed right to return after forced relocation. All current Yesler Terrace public housing residents should be assisted in their relocation to minimize difficulty, their guaranteed right to return to redeveloped units should be explicitly strengthened and clarified with no heightened re-screening for current residents to reoccupy redeveloped units, and Minimize Prolonged Relocation Displacement All public housing rental units affected by demolition or redevelopment should be replaced with new or redeveloped public housing rental units on a one-for-one basis. In the interim, Seattle Housing Authority should diligently provide positive, supportive relocation services with an emphasis on relocation of displaced public housing households with vouchers assistance, rather than the forced transfer of vulnerable families and children to other unfamiliar, public housing sites. Ongoing Tracking of Relocated Current Residents, No "Lost" Families The City/Seattle Housing Authority should identify residents before displacement, and commit to ongoing tracking surveys of where the displaced residents relocated to and their satisfaction with their interim housing. Frequents ongoing surveys of no later than every 6 months to displaced residents within a pre-established schedule, up to and including the completion of the Redevelopment Plan’s replacement housing units. This will help determine those residents who choose not to return to Yesler Terrace versus those that are unable to return due to other intervening exclusionary conditions, such as heightened screening policies. No Heightened Unreasonable Re-Screening Criteria The Redevelopment Plan’s implementation calls for only current Yesler Terrace residents in “good standing” as eligible for returning to the redeveloped units. There should an explicit definition of good standing that does not allow for unreasonable or vague criteria to act as a bar to their return. Nor should any current residents who are considered in compliance with current Seattle Housing Authority policies be disqualified to reoccupy due to heightened standards, such as credit histories.
  • 4. 4. Race/Ethnicity/National Origin/Disability, Families, and Youth Impact Assessment The City/Seattle Housing Authority needs to assess the Yesler Terrace Redevelopment Plan’s Race, Ethnicity, National Origin, Disability, Families, and Youth Impact at all stages of the Yesler Terrace Redevelopment to ensure that the residents are not disenfranchised of their rights to fair housing opportunities and civil rights. Such an impact assessment is necessary to ensure transparency and accountability throughout the process. Conclusion The primary goal of the Yesler Terrace Redevelopment Plan should be meeting the housing needs of low income families. Failure to assess the racial and socioeconomic impact of the Yesler Terrace Plan increases the likelihood of disproportionate discriminatory displacement and reductions in affordable housing opportunities. Youth and their affected families should be given full education and social services attention so that the social trauma of displacement is avoided. At a minimum, without implementation and adherence to the aforementioned safeguards, the implementation of the Yesler Terrace Redevelopment Plan will likely violate the Fair Housing Act's discriminatory effects standards, multiple other civil rights obligations, as well as the Fifth and Fourteenth Amendment Due Process Rights of existing Yesler Terrace residents unfairly impacted by redevelopment displacement. I appreciate your attention to these urgent matters. Sincerely, /s/ Ernest Saadiq Morris, Esq. Director, Urban Youth Justice Initiative www.UrbanYouthJustice.org Law Office: www.DefendMyRight.com P.O. Box 45637 Seattle, WA 98145 Tele/Fax: (888) 938- 7770 CC: Ron English Acting General Counsel Seattle Public Schools renglish@seattleschools.org Dinah Ladd, Coordinator Homelessness Office Seattle Public Schools djladd@seattleschools.org