1. Enterprise Community Partners Title Date Fair Housing Policy Overview January 2015

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4. 4 4  Originally about LIHTC allocations in Texas but the Supreme Court considered only disparate impact as a legal argument under FHA  Disparate impact upheld  “Residential segregation by race was declared unconstitutional almost a century ago, but its vestiges remain today, intertwined with the country’s economic and social life.” – Justice Kennedy TDHCA v. The Inclusive Communities Project, Inc.

5. 5 5  Originally about LIHTC allocations in Texas but the Supreme Court considered only disparate impact as a legal argument under FHA  Disparate impact upheld  “Residential segregation by race was declared unconstitutional almost a century ago, but its vestiges remain today, intertwined with the country’s economic and social life.” – Justice Kennedy TDHCA v. The Inclusive Communities Project, Inc.

6. 6 6 Supreme Court Case: ICP v. TDHCA  “Residential segregation by race was declared unconstitutional almost a century ago, but its vestiges remain today, intertwined with the country’s economic and social life.” – Justice Kennedy

7. 7 7  The FHA does not “decree a particular vision of urban development…and it does not put housing authorities and private developers in a double bind of liability, subject to suit whether they choose to rejuvenate a city core or to promote new low-income housing in suburban communities.” – Justice Kennedy  Disparate impact can not based solely on statistical disparities; plaintiff must prove that the defendant’s policy caused disparate impact and did not have another legitimate goal. Supreme Court Decision – Both/And

8. 8 8  FHA says combating discrimination is not enough; we must also take meaningful actions that overcome patterns of segregation and foster inclusive communities Affirmatively Furthering Fair Housing Rule  HUD published long awaited AFFH final rule  Requires that entities (cities, states, PHAs) prepare Assessments of Fair Housing (AFH), to replace current Analysis of Impediments

9. 9 9 Under AFFH, entities must:  Identify patterns of segregation and disparity  Identify contributing factors - barriers to opportunity  Create strategies to overcome barriers An approved AFH is necessary for HUD funding Affirmatively Furthering Fair Housing Rule

10. 10  The Inclusive Communities Project Inc. vs. U.S. Treasury and the Office of the Comptroller et. al.  Treasury Proposed Rule on implementing Civil Rights Act (Title VI)  Small Area Fair Market Rents (FMRs) and Difficult to Develop Areas (DDAs)  President’s FY17 Budget Request Additional Fair Housing Policy Actions

11. 11 Diane Yentel Vice President, Public Policy & Government Affairs Enterprise Community Partners dyentel@enterprisecommunity.org @dianeyentel Contact Information

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14. 14  Provide for better fair housing planning  Promote better understanding by program participants of AFFH  Address issues raised by HUD grantees, civil rights advocates, other stakeholders, and the Government Accountability Office  Carry out Section 808(e)(5) of the Fair Housing Act and other related statutes. Purpose of the AFFH Rule

15. 15  Jurisdictions and Insular Areas that are required to submit consolidated plans for the following programs:  Community Development Block Grant (CDBG)  HOME Investment Partnerships Program (HOME)  Housing Opportunities for Persons With AIDS (HOPWA)  ESG (Emergency Solutions Grants)  Public Housing Agencies (PHAs) receiving assistance under sections 8 or 9 of the United States Housing Act of 1937 Which program participants are subject to the Rule?

16. 16 Program participants must:  Set goals to address identified significant contributing factors and related fair housing issues and follow through on these goals in the Consolidated Plan and/or PHA Plan. See 24 CFR § 5.154(d)(4)(iii).  Take meaningful actions that AFFH and not take any action that is inconsistent with the duty to AFFH. See 24 CFR § 5.150 and § 5.162.  Look back and make adjustments to previously established fair housing goals to ensure that progress occurs. See 24 CFR § 5.154(d)(7). AFFH Rule Highlights

17. 17  Local or regional segregation  Racially or ethnically concentrated areas of poverty  Disparities in access to opportunity  Disproportionate housing needs  Evidence of discrimination or violations of civil rights law or regulations [See 24 CFR § 5.154(d)(3)] Key Fair Housing Issues

18. 18 The AFFH rule links existing community participation, consultation, and coordination requirements to the AFH process.  Community participation as required in 24 CFR § 5.158 “means a solicitation of views and recommendations from members of the community and other interested parties, a consideration of the views and recommendations received, and a process for incorporating such views and recommendations into decisions and outcomes.” [See 24 CFR § 5.152] AFFH Process: Community Participation

19. Collaboration PHAs, units of local government, and/or States are encouraged to conduct and submit a single AFH, either a joint AFH or regional AFH Reduces burden and duplication of efforts Provides more comprehensive analysis Can lead to collaborative solutions

20. 20 Sustainable Communities Initiative (SCI)

21. Theory of Change Regardless of when AFHs and subsequent planning documents are due to HUD, the data and maps, once public, are likely to galvanize action “Advocates call on city to address disparities” – The Tallahassee Democrat, May 5, 2015 “Dayton urges business leaders to address racial disparities in jobs, income” – TwinCities.com, October 8, 2015 “Vision Duluth will work to address social concerns” – Duluth News Tribune, October 20, 2015

22. Theory of Change, Cont. Austin, TX Buffalo Niagara, NY

23. State-specific Issues The State AFH Template Timing Relationship to: – State CDBG, HOME and other HUD program Funding; – LIHTC and the QAP – Other planning processes

24. 24  https://www.hudexchange.info/ https://www.hudexchange.info/  Fill out the Requestor Information form (note that this form is available directly at the following URL: https://www.hudexchange.info/get-assistance/my- question/). https://www.hudexchange.info/get-assistance/my- question/  Once the question is successfully submitted, you will receive a confirmation email. Questions: HUD Exchange

25. 25  Adam Norlander, Office of Community Planning and Development  Adam.G.Norlander@hud.gov Adam.G.Norlander@hud.gov  (202) 230-6902 Questions: Presenter Info

26. Development in the Changing Fair Housing Environment Tracy Kaufman, National Housing Trust January 13, 2016 NCSHA HFA Institute

27. The National Housing Trust protects and improves existing affordable rental homes so that low income individuals and families can live in quality neighborhoods with access to opportunities. NHT engages in public policy development and advocacy that is informed by practice and experience through on the ground real estate development, lending, and multifamily ownership.

28. States have wide variety of definitions re: opportunity language in their QAPs An increasing number of states are encouraging developers to use LIHTC to build/preserve MF housing in opportunity neighborhoods States can invest in communities of high opportunity and preserve existing affordable housing wherever it is located. Though once identified by HUD as one of the most troubled properties in D.C., Galen Terrace has been transformed into a community asset.

29. A Balanced Approach Recognizes that a significant amount of subsidize housing is located in areas of poverty; Promotes access to high opportunity communities through mobility; and Ensures that residents who remain in neighborhoods experiencing distress and concentrated poverty benefit from investments that improve their housing and increase their access to opportunity.

30. District of Columbia OppHousing Incentives No Opportunity Housing Incentives New York City Note: 2010

31. District of Columbia OppHousing Incentives No Opportunity Housing Incentives New York City Note: 2011

32. District of Columbia OppHousing Incentives No Opportunity Housing Incentives New York City Note: 2012

33. District of Columbia OppHousing Incentives No Opportunity Housing Incentives New York City Note: 2013

34. OppHousing Incentives No Opportunity Housing Incentives Note: 2014

35. OppHousing Incentives No Opportunity Housing Incentives Note: 2015

38. Types of Incentives States incentivize the development of affordable low-income housing in opportunity areas through four categories of incentives– points, priorities, thresholds, or set-asides. Threshold: MA, NC Set-Aside: MI, PA Points: AK, AL, AZ, CT, DE, GA, IL, LA, MA, MD, ME, MN, MS, NJ, NY, OH, PA, TX, VA, WA, WI, WV Stated Priority: AZ, MD, MO, KS Basis Boost: MI, MS, MO, PA

39. Preservation Set Aside Points for Preservation Non-numerical Preservation Priority Established Preservation projects ineligible for 9% tax credits District of Columbia New York City No preference for Preservation 2014

40. www.prezcat.org Three Access points: 1.Keyword Search 2.Pre-set Categories 3.Map www.PrezCat.org

41. Search Results for LIHTC (683) Middle - main research results Left side – drill into subcategories Right side – related national resources

42. www.PrezCat.org Refine Opportunity Housing 683 records for all 9% LIHTC 60 opportunity housing-related records

44. Tracy Kaufman tkaufman@nhtinc.org 202-333-8931, ext. 129 @NatlHsgingTrust

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