Planning for Fair Housing & Social/Racial Inclusion
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PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
Jason Reece, AICP
Senior Researcher
The Kirwan Institute for the Study of Race & Ethnicity
Reece.35@osu.edu and www.kirwaninstitute.org
Guest Lecture June 1st 2009
City and Regional Planning, The Ohio State University
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TODAY’S LECTURE
What is fair housing? Why do we advocate for fair housing?
Understanding our history Discrimination in housing (historical view) Events leading to the Fair Housing Act
Understanding the Fair Housing Act Content
The Fair Housing Act after four decades Have we produced fair housing? Outstanding challenges Case study: Thompson v. HUD
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WHAT IS FAIR HOUSING?
Freedom to live anywhere you can afford to live without fear of intimidation or discrimination
How can the housing market be unfair? (examples) Discriminating by race, nationality, color, gender,
age Excluding the disabled or families with children Policies that exclude by income/class?
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WHY DO WE STILL ADVOCATE FOR FAIR HOUSING?Fair Housing and Access to Opportunity
Housing
Childcare Employment
Education
Health
Transportation
Effective Participation
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OPPORTUNITY 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
Section 2
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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
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PLACE HAS A PROFOUND IMPACT ON CHILD DEVELOPMENT, HEALTH AND WELL BEING
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UNDERSTANDING OUR HISTORY: EVENTS LEADING TO THE FAIR HOUSING ACTPLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
THE 1960’S: URBAN UNREST AND URBAN DISTRESS
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WHY DID THIS HAPPEN?HISTORICAL POLICIES CONTRIBUTING TO RESIDENTIAL SEGREGATION AND ISOLATION10
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
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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
REDLINING MAP OF PHILADELPHIA
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THE “WAILING WALL” IN DETROIT
http://www.albany.edu/jmmh/vol2no1/sugrue.html
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THE RISE OF SUBURBIA:BUT NOT ACCESSIBLE TO EVERYONE
In the suburb-shaping years (1930-1960), less than one-percent of all African Americans were
able to obtain a mortgage.
FHA HIGHWAY CONSTRUCTION IN CINCINNATI – DEMOLISHING MUCH OF THE AFRICAN AMERICAN WEST SIDE
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URBAN RENEWAL IN BOSTON
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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
UNPRECEDENTED CONCENTRATED POVERTY:
THE RISE OF CONCENTRATED PUBLIC HOUSING
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FROM MARVEL TO DISASTER: PRUITT-IGOE IN ST. LOUIS
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THE FAIR HOUSING ACTPLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
THE SIGNIFICANCE OF THE FAIR HOUSING ACT Signed into law by President
Johnson on April 11th 1968 Direct result of the
tremendous efforts of Dr. Martin Luther King in opening up segregated communities
Bill passage tied directly to Dr. King’s assassination on April 4th
The last plank of significant legislation passed during the civil rights era
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THE FAIR HOUSING ACT (1) The 1968 Fair Housing Act (Title VIII of the 1968 Civil Rights
Act) Bars discrimination in the private sector housing market (based on
race, color, national origin, religion, sex, family status or disability) In the sale and rental of housing In mortgage lending Illegal to coerce, intimidate or interfere with someone’s fair housing rights Illegal to advertise limitations housing availability based on race, color,
national origin, religion, sex, family status or disability Some exemptions (owners with four units or less; private clubs,
single family homes sold without a broker) Also contains provision that the U.S. Department of Housing
and Urban Development has a duty to affirmatively further fair housing “administer the programs and activities relating to
housing and urban development in a manner affirmatively to further the policies of this subchapter”
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THE FAIR HOUSING ACT (2)
1988 Amendments to the Fair Housing Act Provided more stringent penalties for violating
the act (financial) Changed enforcement provisions (more
involvement by HUD in enforcement) Although Department of Justice remains the primary
agency to apply punitive measures to Fair Housing cases
Expanded coverage to include the disabled and families with children
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OTHER HOUSING LAWS/TOOLS
Community Reinvestment Act (CRA) – encourages depository institutions to help meet credit needs for undercapitalized communities
Home Mortgage Disclosure Act (HMDA) – lending institutions must report public loan data (includes data on race)
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OTHER LOCAL FAIR HOUSING TOOLS e.g. State or local government fair housing laws
Ohio’s passed in 1965 The law gives all persons in the protected classes the right to live wherever
they can afford to buy a home or rent an apartment. It is unlawful on the basis of race, color, religion, sex, national origin or
ancestry, disability, or familial status to: a. refuse to rent, sell, finance, or insure housing accommodations or residential
property b. represent to any person that housing accommodations are not available for
inspection, sale, rental or lease c. refuse to lend money for the purchase, construction, repair, rehabilitation, or
maintenance of housing accommodations or residential property d. discriminate against any person in the purchase, renewal, or terms and conditions
of fire, extended coverage, or home owner’s or renter’s insurance e. refuse to consider without prejudice the combined income of both spouses. f. print, publish, or circulate any statement or advertisement which would indicate a
preference or limitation. g. deny any person membership in any multiple listing services, or real estate broker’s
organization. Source: Ohio Civil Rights Commission
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HAVE WE ACHIEVED FAIR HOUSING?PLANNING FOR FAIR HOUSING & SOCIAL/RACIAL INCLUSION
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HAVE WE ACHIEVED FAIR HOUSING? Progress but no victory yet
Homeownership increases Slight decline in segregation but still very
prevalent Decline in incidence of housing discrimination
but still prevalent Isolation from opportunity?
New challenges in the future Sub-prime lending and foreclosure
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ACTS OF EXPLICIT HOUSING DISCRIMINATION REPORTED
Only 27,000 reported in 2007 ¼ race based ½ disability based
¾ related to rental discrimination These figures miss unreported acts/subtle
acts of discrimination, class based exclusionary housing and fair housing challenges related to subsidized housing
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RACIAL STEERING AND DISCRIMINATION
Recent studies by researchers and the federal government (HUD) found that racial steering, discrimination and exclusion are still prevalent in the housing marketCreating barriers to housing access outside
of cost impediment Orfield and Luce (2005); Iceland, Sharpe and
Steinmetz (2005) Dawkins (2004); Pendall (2000); HUD HDS (2000) Galster (1998); Schill and Wachter (1995); Massey, Gross and Shibuya (1994) HUD HDS (1989)
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CONTINUED SEGREGATION IN HOUSING: CONTEMPORARY DRIVING FACTORS De facto segregation
Exclusionary zoning Subtle forms of housing discrimination
Racial steering, editorializing Subsidized housing policy Reverse redlining
Buy here pay here, rent to own, payday lending, subprime mortgage loans
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EXCLUSIONARY LAND USE POLICY
Minimum Lot Size for Single Family Home
5,000
8,0008,400 8,400
10,000 10,000 10,000
11,000
3,0004,0005,0006,0007,0008,0009,000
10,00011,00012,000
Sq
uar
e F
eet
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RACIAL STEERING IN DETROIT
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NEW THREATS: THE CREDIT CRISIS AND FORECLOSURE CHALLENGE
The result of the sub-prime & foreclosure crisis in the US may significantly erode fair housing gains and further isolate inner city neighborhoods More than two million foreclosures
expected in the next two years Nationwide, nearly 55% of all high cost
loans went to African American borrowers
Experts estimate that the loss in home equity to African American and Latino homeowners will exceed a quarter of trillion dollars
Why, direct asset loss (foreclosure) and loss in home value due to the geographic concentration of foreclosures in minority neighborhoods
Source: United for a Fair Economy
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PREDATORY LENDING AND RACE: EXAMPLE (CLEVELAND)
Maps: Produced and adapted from Charles Bromley, SAGES Presidential Fellow, Case Western University
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PREDATORY LENDING, FORECLOSURE AND RACE: EXAMPLE (CLEVELAND)
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MORE ON THOMPSON V. HUDA Case Study: Current Issues in Fair Housing
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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
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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
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SEGREGATION, SUBSIDIZED HOUSING IN THE BALTIMORE REGION Subsidized housing
opportunities in Baltimore are generally clustered in the region’s predominately African American neighborhoods
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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]
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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
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African American’s are generally clustered in the Baltimore region’s lowest opportunity neighborhoods
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Subsidized housing opportunities in Baltimore are generally clustered in the region’s lowest opportunity neighborhoods
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FINAL PLAINTIFF’S PROPOSED REMEDY
Plaintiffs propose 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
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TO LEARN MORE ABOUT THIS CASE OR THE INSTITUTE, PLEASE VISIT US ON-LINE AT: WWW.KIRWANINSTITUTE.ORG
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