Christa Walikonis, a TCDD Policy Fellow with Disability Rights Texas, shared insights from her research into the experiences of people with DD who apply for Section 8 housing vouchers. Walikonis noted some of the barriers faced by people with DD when trying to secure housing in Austin using Section 8 Housing Choice Vouchers. Some of the barriers included high rental rates, few landlords accepting Section 8 tenants, and the lack of units that are affordable and accessible to voucher holders.
4. ■ Federal Program
■ Locally Administered
■ Periodically open waitlist and select
a number of applications on a lottery
system.
■ Income cannot exceed 50% of MFI
■ A family pays between 30 – 40% of
their monthly income toward rent,
and the housing authority covers the
rest.
■ Once approved, they have 120 days
(4 months) to find a suitable unit.
Assists low-income families,
the elderly, and the disabled to
afford decent, safe, and
sanitary housing in the private
market.
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6. Classes Protected by the Fair Housing Act
■ race
■ color
■ religion
■ national origin
■ sex
■ disability
■ familial status
■ source of income
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7. Relationship between SOI and protected classes
■ The FHA prohibits discrimination that is intentional and/or that has a
disproportionately negative effect on a protected class.
– However, a refusal to rent to a voucher holder may be a pretext for
discrimination based on a protected class,
– Or, because protected classes disproportionately represented
among HCVP participants, the refusal to accept a voucher may have
a disparate impact on them.
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8. Where Are Section 8 HousingVoucher Holders Protected by SOI Anti-Discrimination
Laws?
*Texas is the only jurisdiction to pass a law that protects a landlord’s right to discriminate
Source: Affordable Housing Online
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9. ■ 91% of landlords in Austin
refused to accept Section
8 tenants
■ 94% of units in the right
rent range were not
accessible to voucher
holders
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12. Reasons Landlords Don’t Accept HCV
■ Administrative burdens
■ Aversion to contracting with a federal program
■ Having to track down late payments from local housing authorities
■ Unnecessary standards for units
■ If a unit fails its inspection, it can take weeks to reschedule — costing them money
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13. Research Questions
For the Austin vouchers issued in 2018:
■ How many people weren’t able to find housing before their voucher
expired?
■ For those who found housing, how long did it take them?
■ In what neighborhoods were people finding housing?
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19. Benefits of Mixed-Income Neighborhoods
■ Poverty alleviation
■ Improved mental health
■ Increased tolerance for diversity
■ Improved housing quality
■ Increased accessible services
■ Improved neighborhood conditions
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20. ■ An federal subsidy used to finance the
construction and rehabilitation of affordable
rental housing.
■ Developers compete every year for this tax
credit based on a point system.
■ Owners must keep units rent restricted and
available to low-income tenants.
■ Required to accept housing vouchers
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21. 164 LIHTC Properties within Austin City Limits
0%
5%
10%
15%
20%
25%
30%
0 0.1 0.2 0.3 0.4 0.5 0.6 0.7
Distribution of LIHTC Properties by % in Poverty
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Percent in Poverty Percent of LIHTC Properties
10% 17%
20% 24%
30% 25%
40% 21%
50% 10%
60% 3%
Marked a shift in government housing assistance for the poor: moving away from building and maintaining public housing developments to handing out subsidies in the private market.
But refusing to rent to applicants who have Section 8 vouchers won't violate the FHA because source of income isn't a protected class under federal law.
While federal law sets the minimum protections, states and localities can expand the number of protected classes.
In an effort to address the affordable housing shortage, 12 states, District of Columbia, and several municipalities have made source of income a protected class. This protection is generally defined to include any lawful source of income including government assistance (such as HCVP subsidies), alimony, child support, or other compensation or benefit. Texas does not have a law prohibiting source of income discrimination.
Texas has the most restrictive laws when it comes to SOI discrimination
SB 267 says that landlords cannot be punished for discriminating against families using federal housing assistance.
This is what people with vouchers are up against.
However, voucher recipients are more financially stable than their counterparts. HCV provide consistent income to landlords.
The Housing Authority of the City of Austin (HACA) Section 8 Housing Choice Voucher waiting list is currently closed. It was last open for one week in September, 2018; and before that in October, 2014. There is no notice of when this waiting list will reopen.
83% were able to find housing within the allotted time.
Vouchers holders end up living in impoverished neighborhoods