Affirmatively Furthering Fair Housing in Oregon - Pegge McGuire

04/10/2023 1

Affirmatively Furthering Fair Housing in Oregon

Pegge McGuire, Executive Directorwww.fhco.org

503-223-8197 x112

04/10/2023 2

The Fair Housing Council of Oregon (FHCO) is a Private, Non-Profit, Non-Partisan

Organization Serving the Entire State of Oregon

Promoting and protecting fair housing rights

(since 1990)

Providing expert testimony in fair housing litigation and in housing

policy discussions

Supporting local jurisdictions with

technical guidance on fair housing impacts of

zoning, land use, housing, policies and practices

Facilitating community conversations on fair housing impacts of laws, rules,

polices, and practices related to creating, accessing, or using housing or

housing related programs or services

04/10/2023 3

What is Fair Housing?

•The set of federal, state, and local laws that protect individuals based on their membership in a protected class from individual or systemic discrimination

•Proactive elimination of segregation and promotion of equal opportunity access to housing (intentional inclusion and strategic community investment)

•The body of case law and HUD regulations interpreting FHAA and other fair housing laws that require publicly supported housing and housing programs to proactively remove barriers to access and stability in housing

Who is Covered by Fair Housing Protections?

•Race•Color•National Origin•Religion•Sex (Gender)•Familial Status (children under 18)•Disability (broadly defined, requires barrier removal)•Marital Status•Sexual Orientation/Gender Identity•Source of Income (now including HCV participants)•Survivors of Domestic Violence

Illegal Discrimination in Housing

•Direct Discrimination•Overt and covert

•Systemic Discrimination•Disparate impact•Policies and practices that perpetuate segregation

•A few words about testing

04/10/2023 6

1 in 10 report discrimination4,000 calls per year, 400

formal intakes, 100 complaints, 65 “for cause”

charges

40% disability25% race and ethnicity

25% familial status10% religion, sexual

orientation, etc.

Fair Housing Complaints in Oregon

04/10/2023 7

The Leavening in the Recipe•Oregon Territory-20-39 stripes•80% of the Native population decimated by disease•1859-Slave vs. Free State (Eliminated from the constitution in the 1920’s)•1859 Chinese Exclusion (Repealed in the 40’s)•1920’s largest KKK this side of the Rockies•Anti-Immigrant activism through the 1940’s:• English, Germans, Scotch, Irish, Scandinavians• North Italians• Bohemians, Czechs, Poles, Lithuanians• Greeks• Russians, Jews• South Italians• Negroes• Mexicans

We’re From the Government,We’re Here to Help

•1940’s to 1980’s Institutional policies further solidify policies and practices leading to segregation

•FHA appraisal standards•VA loan policies•Transportation “improvements”•Urban Renewal/Removal•White flight

•1968 FHA enacted•2013 HUD draft rule enacted to clarify the FHA mandate to address segregated housing patterns and promote diverse, inclusive communities

04/10/2023 9

Fair Housing, Needed Housing, Affordable Housing: Fair Housing Planning

AlbanyAshland

BeavertonBend

CorvallisEugene

GreshamHillsboroMedfordPortland

SalemSpringfield

Clackamas CountyMultnomah CountyWashington County

Balance of StateGrants PassRedmond

Use federal funds to erase historic patterns of

discrimination

Prevent future segregation/Promote integration

Redress past segregation patterns

Identify elements of segregation and integration

Identify areas concentrated by poverty, race and national origin

Create access to areas of opportunity

Create an appropriate fair housing environment

Consider infrastructure investments in the past

Ensure robust public participation

04/10/2023 10

Indicators of Barriers to Equal Opportunity in Housing-Separate is Not Equal

•Education: school performance, test scores, graduation rates, teacher ratios, free school lunch percentages•Economic Development: land use policies, zoning decisions, incentives for mixed use and affordable housing, affirmative marketing•Economic Health in the Neighborhood: job opportunities, grocery stores, publicly funded economic development/infrastructure investments•Accessibility of housing: near transportation and services, barrier free, meets design and construction standards•Location, availability, accessibility of housing: unit sizes, accessible features, environmental features•Special considerations: group homes, mixed income, first time homebuyer (gentrification), foreclosures and other predatory indicators, public transportation and LIDs, environmental issues

04/10/2023 11

Oregon land use statutes in place since 1973, establishes 14 goals for land use (#10 is related to housing)

Department of Land Conservation and Development adopts policy and

reviews plans

Local governments plan and regulate land use (submit plans and

amendments to LCDC for review and approval)

Goal 10 Establishes the requirement for jurisdictions to

assess and plan for “needed housing” in a variety of price

ranges, rent levels, housing types

A few notable exceptions since adoption in 1973:

Accessibility for people with disabilities

Considerations for affirmatively furthering fair housing

Policies to help rectify the detrimental effects of

gentrification on historically underserved communities

Land Use Planning the Oregon Way

Changing the RecipeChanging the Paradigm

•Challenge our assumptions and standards•Has the decision-making process included robust input from a broad spectrum of the impacted populations and viewpoints of historically underserved communities?•What does the data tell us?•What is the legitimate business reason for the rule, policy, practice?•What are the barriers created by our current process/rule?•Is there a less discriminatory way to accomplish our goals?

A Few Opportunitiesfor this Group to Consider

•Modifications to Goal 10 to incorporate provisions of Affirmatively Furthering Fair Housing•Assign a role for OHCS to participate in the periodic review of local plan amendments for AFFH issues•Create a process for statewide housing planning across state agencies engaged in housing development and subsidy using public funds (OHCS, OHA, DHS, DOC, etc.)•Housing is part of a system that includes environment, transportation, education, quality of life, non-traditional partners (e.g. DOT, DEQ, ODOE, DOE, etc.) should be required to consider their impacts on housing opportunity

04/10/2023 14

Q & A?