April 12, 2013 University of Maryland School of Law The Fair Housing Act at 45: Actualizing the Duty to Affirmatively Further Fair Housing

Analysis of Impediments Comprehensive Zoning Ordinance Qualified Allocation Plan Building an AFFH Campaign

Sources  HUD’s Fair Housing Planning Guide  2007 Naperville, Illinois AI (APA award)

Community participation – survey Assemble information about fair housing Carefully analyze data to identify impediments Adopt actions to overcome impediments

Demographics Population changes Poverty Race Minority concentration Schools Transportation Employment Private sector compliance Fair housing complaints and studies Home mortgage lending practices Practices by appraisers, real estate firms, developers, leasing firms, and real estate advertisers Discrimination in the rental market Public sector compliance Land use controls and building codes Zoning Treatment of proposals to build affordable housing Accessing information about fair housing Interdepartmental coordination

Only one community forum held in New Orleans AI was prepared by the state. No/little data or analysis of: Concentration of affordable housing. Housing, employment and income by race and disability. Transit and jobs. Homelessness. Availability of land for multi-family housing. Building and zoning codes. Public sector practices. “The lack of available and affordable housing is an important housing planning issue, but not necessarily a fair housing issue.”

Insufficient description of impediments Just 5 listed Lack of affordable housing. Loan denials and predatory lending for women and minorities due to “lack of sufficient financial literacy.” NIMBYism. Discrimination in rental market.

Percentage of households paying more than 30% of income for rent 2000 Census ACS Total43%62% White38%51% Black45%68% Hispanic43%59% Asian41%46%

Successes People’s AI Working Group  AI Working Group Community groups at the table with the City Shaping the AI Challenges City wouldn’t hire a consultant Most work done by advocates – are we doing the City’s work? Drawn out timeline

Zoning Inclusionary Zoning Reasonable accommodations request procedure Higher density zoning Zoning appeals procedure Other policies Fair share agreements Source of income non-discrimination ordinance Housing mobility program Housing trust fund

Sources  Review of locations of affordable housing  Review of 36 QAPs  Interviews with housing agencies

In Louisiana – nearest school to LIHTC projects 88% free and reduced price lunch 32 nd percentile in Math and English Language Arts In New Orleans – nearest school to LIHTC projects 91% free and reduced price lunch 19% are in bottom 10 th percentile 19% are in top 50 th percentile LIHTC projects in Louisiana are located near poor-performing and low-income schools

LIHTC projects in Louisiana are located in high-poverty, low-income, highly racially concentrated communities

1. Develop affordable housing development in high- opportunity areas 2. Development affordable housing development in revitalizing low-income communities 3. Create options for integrated and stable housing for people with disabilities

Fair Housing & Community Development have the same goals: opportunity for low-income families Different approaches Balance: both are important for choice and families’ different priorities Fair housing: develop affordable housing in high- opportunity communities Community development: create more opportunity in low-income communities by investing resources and developing/preserving affordable housing

1. Analyze the AI for weaknesses 2. Consider potential legal strategies HUD complaint False Claims Act HUD’s Office of Fair Housing & Equal Opportunity cares 3. Determine goals e.g., Inclusionary Zoning, LIHTC, etc. 4. Build a coalition Fair housing advocates and affordable housing developers and … 5. Walk the line Affordable housing developers worry about city funds 6. Collaborate - city, state, partners