Affirmatively Furthering Fair Housing in Emerging HUD

Housing Programs

Philip Tegeler

Poverty & Race Research Action Council

Washington, DC

HUD National Fair Housing Conference

New Orleans, July 2010

The National Commission on Fair Housing and Equal Opportunity (2008)(NFHA, NAACP Legal Defense Fund, Lawyers Committee, and Leadership Conference)

Stresses the role of government policy in promoting segregation

…and continuing private market discrimination

Origins of the AFFH obligation in the Fair Housing Act

“Today's Federal housing official commonly inveighs againstthe evils of ghetto life even as he pushes buttons that ratify theirtriumph -- even as he ok's public housing sites in the heart of Negroslums, releases planning and urban renewal funds to cities dead-setagainst integration, and approves the financing of suburban subdivisionsfrom which Negroes will be barred. These and similar acts are committeddaily by officials who say they are unalterably opposed to segregation,and have the memos to prove it. . . . But when you ask one of thesegentlemen why, despite the 1962 fair housing Order, most public housingis still segregated, he invariably blames it on regional custom, localtraditions, personal prejudices of municipal housing officials.

--Senator Edward Brooke: 114 Cong. Rec. 2281 [1968]

The government’s role in creating and perpetuating segregation…

▪ Past government actions to promote segregation: destruction of integrated communities through urban renewal; siting of public and assisted housing to segregate and concentrate low income black populations; infrastructure spending and government financing of exclusionary white communities.

▪ Current government housing programs and policies perpetuating segregation (Section 8, LIHTC, HOPE VI, CDBG and HOME, etc).

▪ Failure to combat private market discrimination in rentals, sales, and lending.

▪ Delegation of land use/education/ taxation power to non-democratic local majorities; land use policies promoting sprawl and exclusion; abdication of state responsibility; voluntary approach to fair share housing

Harms of government sponsored racial and economic segregation: separate and unequal schools and neighborhoods

▪ schools with lower achievement, higher dropout rates, and less experienced teachers

▪ increased exposure to crime and violence

▪ higher prices for basic necessities

▪ fewer recreational opportunities

▪ decreased access to fresh, health food

▪ mental and physical health impacts

▪ lack of access to employment opportunity

▪ downward economic mobility

What is the appropriate remedy?

Place-Based Community Revitalization ?

- OR -

Metropolitan Housing Choice and Desegregation?

“We have to do both”- Secretary Shaun Donovan

What do military bases, car dealerships, public housing authorities, and fair housing organizations have in common?

Our responsibilities as fair housing advocates in monitoring federal housing policy

► Learn the mechanics!

► Engage with Congress!

► Engage with Residents!

► Engage with HUD!

Fair Housing Opportunities in HUD’s 2011 budget

▪ Transforming Rental Assistance program ($350M)

▪ Sustainable Communities Initiative ($250M)

▪ Choice Neighborhoods Initiative ($250M)

▪ Section 8 voucher reform

▪ Affirmatively Furthering Fair Housing

Transforming Rental Assistance

A profound fair housing innovation: For most HUD tenants, federal housing assistance will no longer be conditioned on living in a segregated, poverty concentrated neighborhood

But…

Pushback from PHA industry groups in Congress – threatened by resident choice and “market discipline”

Anxiety from resident groups – “privatization” claims and concerns over destabilizing projects

HUD feeling pressure too – need to take next step and make TRA a true mobility program

Choice Neighborhoods Initiative

The new HOPE VI – intended to fix many of HOPE VI’s shortcomings:

- guaranteed right to return

- 1:1 replacement of demolished units

- AFFH in initial relocation and in placement of off-site replacement housing units

But….

How much housing to rebuild back on site?

Where to build off-site replacement housing? (“within the jurisdiction?!”)

How affirmative will relocation programs be?

Sustainable Communities Initiative

A metropolitan planning

process combining housing

and transportation and AFFH

(similar to 1970s A-95 review)

“affirmative efforts to overcome the

effects of segregationist laws and

covenants; and coordination of

housing development and public

transportation to provide access to

educational and employment

opportunities”

But…

Section 8 Voucher Reform

HUD’s Small Area FMR proposal – finally fixing the program’s major segregation incentive

Addressing portability barriers: mandatory absorption?

Promoting housing mobility?

But…

Concerns about protecting Section 8 landlords

Concerns about vouchers moving to suburbs

Concerns about cost of mobility counselling

How aggressive will HUD be in fighting source of income discrimination?

Housing mobility is an effective intervention for many low income families….

Successful programs are now operating in Baltimore,Dallas,Yonkers

PRRAC 2009 report on the Baltimore program

Our responsibilities as fair housing advocates in monitoring federal housing policy

► Learn the mechanics!

► Engage with Congress!

► Engage with Residents!

► Engage with HUD!

For more information…

www.prrac.org/projects/

civilrightshousing.php