NACCED Conference October 2012 Fair Housing Best Practices

NACCED Conference October 2012 Fair Housing: Best Practices for County Governments

NACCED Conference October 2012 Presented by Mira Tanna Program Manager Community Legal Services of Mid-Florida 122 East Colonial Drive, Suite 200 Orlando, FL 32801 407. 841. 7777 x 2118 mirat@clsmf. org

NACCED Conference October 2012 Traditional Fair Housing Activities *Fair housing education *Fair housing investigations or “testing” *Taking complaints of discrimination (FHAP / FHIP programs) *Fair housing ordinances and commissions

NACCED Conference October 2012 Importance of Collaboration HUD has increased emphasis on collaboration on fair housing activities, through its granting process. Examples are the Sustainable Communities Initiative and the Fair Housing Initiatives Program. Extra points are given if you can show collaboration between both.

NACCED Conference October 2012 “One Community, Many Faces” Regional Fair Housing Summit in Orlando The Summit brought together Orange County, City of Orlando, Community Legal Services of Mid. Florida, Fair Housing Continuum, Florida Commission on Human Relations, FAMU Law School and HUD. Speakers included HUD Assistant Secretary John Trasviña and CFPB Assistant Director Patrice Ficklin; 280 attended.

NACCED Conference October 2012 “One Community, Many Faces” Regional Fair Housing Summit in Orlando Brought together Orange County, City of Orlando, Community Legal Services of Mid-Florida, Fair Housing Continuum, Florida Commission on Human Relations, FAMU Law School and HUD. Speakers included HUD Assistant Secretary John Trasviña and CFPB Assistant Director Patrice Ficklin.

NACCED Conference October 2012 Methods to Encourage Racial Integration *Inclusionary Zoning *Affordable Housing in Neighborhoods of Opportunity *Affirmative Marketing *Incentives to Encourage Integrative Moves *Creating Inclusive Communities *Celebrating Diversity *Source of Income Protection and Mobility Counseling *Incentives for Lenders to Reinvest *Educational policies (magnet schools) *Transportation – employment – housing planning

NACCED Conference October 2012 Inclusionary Zoning Inclusionary zoning (IZ) requires developers to make a percentage of housing units in new residential developments available to low- and moderate-income households. In return, developers receive nonmonetary compensation-in the form of density bonuses, zoning variances, and/or expedited permits-that reduce construction costs. By linking the production of affordable housing to private market development, IZ expands the supply of affordable housing while dispersing affordable units throughout a city or county to broaden opportunity and foster mixed-income communities. (from Policy. Link)

NACCED Conference October 2012 Inclusionary Zoning Case Example: Montgomery County Maryland Created more than 11, 000 affordable units since 1973 Moderately priced dwelling units are scattered Affordable units not identifiable by design

NACCED Conference October 2012 Inclusionary Zoning Case Example: Montgomery County Md. Picture credit – David Rusk

NACCED Conference October 2012 Inclusionary Zoning Case Example: Fairfax County, Va. Picture credit – David Rusk

NACCED Conference October 2012 Community Land Trusts Can be used to preserve owner-occupied affordable housing in rapidly gentrifying areas and can create permanent affordability. Generally, the land trust owns the land while the homeowner owns the house and agrees to resale restrictions.

NACCED Conference October 2012 Community Land Trusts Highland Park Illinois Community Land Trust From BPIchicago. org

NACCED Conference October 2012 Affirmative Marketing *Affirmative fair housing marketing plans *Affirmative marketing in inner ring suburbs / urban areas experiencing “white flight” such as Maplewood / South Orange NJ *Rent Referrals / Housing Counseling such as Oak Park Regional Housing Alliance

NACCED Conference October 2012 Affirmative Marketing Case Example: www. movesmart. org Neighborhood finder designed to introduce potential buyers or renters to neighborhoods they would be least exposed to, based on preferences for density, educational options and services.

NACCED Conference October 2012 Incentives for Integrative Moves Case Example: Shaker Heights The Fund for the Future provides low-interest loans to home buyers who will help sustain Shaker's racially diverse neighborhoods. The loans are for down payment assistance. The home must be in a neighborhood where the purchase will enhance the neighborhood's racial diversity. The Fund matches up to 10% of purchase price, not to exceed $18, 000. The interest on the loan is half of the current rate charged for a 30 -year fixed mortgage.

NACCED Conference October 2012 Creating Inclusive Communities National League of Cities Inclusive Communities Project Events which celebrate diversity Encourages cities to post signs that they are an Inclusive Community

NACCED Conference October 2012 Providing Incentives for Reinvestment *National Community Reinvestment Coalition has drafted local CRA ordinances, to ensure that local governments are depositing funds in financial institutions which have excellent records of community reinvestment. *City of Cleveland negotiated over $10 billion since passing community reinvestment initiative in 1991.

NACCED Conference October 2012 Integration for Persons with Disabilities *Disability discrimination is highest complaint category *Promoting universal design and visitability *Visitability ordinances – concretechange. org *Promoting integrated housing choices for persons with disabilities

NACCED Conference October 2012 Integration for Immigrants *Language Bank, Montgomery County Maryland *LEP coordinators *Refugee resettlement and housing

NACCED Conference October 2012 Considering Other Protected Classes *Local / state governments can affirmatively further fair housing by identifying groups not currently protected under federal law who encounter barriers *Source of income protections

NACCED Conference October 2012 AI Study Example – Madison County IL

NACCED Conference October 2012 AI Study Example – Madison County IL Affirmative Fair Housing Marketing Plans reviewed Found that many USDA properties would not market on western side of the county

NACCED Conference October 2012 AI Study Example – Madison County IL Reviewed advertisements “ 50+ Active Adult Community, ” “quiet” building, “adult community, ” person rent charges, “perfect for girl students”, and “no SSI” Conducted testing Of twelve tests conducted, three showed a difference in treatment: two based on familial status, and one based on race. Survey / Focus Groups 31% encountered housing discrimination historical patterns of exclusion, personal preferences, location of subsidized housing, lack of affordable housing and public perception about crime/education identified as main reasons for racial segregation

NACCED Conference October 2012 AI Study Example – Madison County IL Impediment #1: Fair Housing Planning Needs Improvement Goal: Fair Housing Planning and Implementation: An Ongoing Public Process Recommendation 1: This AI will be condensed to a usable format for public dissemination and awareness. Recommendation 2: The AI will be made publicly available. Recommendation 3: The AI will spark community discussion and public awareness. Recommendation 4: A presentation for county officials will be conducted based on this AI to ensure that county officials, including building / zoning / planning / community development staff are aware of the analysis and recommendations of this AI, and to ensure that a fair housing lens is infused throughout the planning process. Recommendation 5: Comments solicited through the website and provided at public hearings will be used in the process of updating this AI study in five years. Measurable Outcomes: Flyers created, 5 public hearings, training for county officials, web access to AI

NACCED Conference October 2012 AI Study Example – Madison County IL Impediment #2: Lack of Education on Fair Housing Persists Goal: Fair Housing Education: Vital to Ending Discrimination Recommendation 1: Educate 120 persons / year on fair housing Recommendation 2: Distribute fair housing brochures to all homebuyers. Measurable Outcomes: 120 people educated, brochures distributed Impediment #3: Discrimination Persists Goal: Ensuring that the Housing Market is Open to All Regardless of Protected Class Recommendation 1: Conduct 30 tests

NACCED Conference October 2012 AI Study Example – Madison County IL Impediment #4: People Concentrated in Low-Income Minority Communities Lose Opportunities Goal: Moving to Opportunity: Ending Concentrated Poverty and Segregation Recommendation 1: Creation of 20 Opportunity Vouchers Recommendation 2: Consultant to review all AFHMP, all should advertise on ilhousing. org Recommendation 3: Security Deposit Assistance program for affirmative moves Recommendation 4: Review all plans for affordable housing for segregation impact Impediment #5: Exclusionary Residential Patterns Continue Goal: Ending Exclusionary Practices and Policies Recommendation 1: Communities identified with history of exclusion must demonstrate inclusivity before receiving county funding Recommendation 2: Four identified communities not building MF housing must create plan Recommendation 3: Forgivable 2 nd lien for $10, 000 for those moving into highly segregated areas (90+%) of other race, with networking opportunities

NACCED Conference October 2012 AI Study Example – Madison County IL Impediment #6: Educational Policies Contribute to Segregation Goal: Increasing Educational Equity, Housing Policy is School Policy Recommendation 1: Creation of Council of School Districts Impediment #7: Lack of Efforts to Support Stably Integrated Communities Goal: Supporting Stable, Integrated Communities Recommendation 1: Diversity Bonus Incentive of $2000 for Homebuyer Program Recommendation 2: CDBG application criteria awards 5 extra points to communities showing they will create or maintain stable, integrated community Impediment #8: Lack of Investment in Low-Wealth Communities Goal: Bringing Investment to Low-wealth areas Recommendation 1: CRA added to county investment policy Recommendation 2: Annual workshop on Section 3

NACCED Conference October 2012 AI Study Example – Madison County IL Impediment #9: Madison County Unprepared for Senior Boom Goal: Creating Access, Preparing for the Boom Recommendation 1: Increase funding for accessibility modifications Recommendation 2: Visitability standards for construction with county funds Recommendation 3: Support for Visitability ordinance Recommendation 4: Coordination with Money Follows the Person program Impediment #10: Persons with Disabilities Have Restricted Housing Choices Goal: Making Good on the Promises of Olmstead Recommendation 1: Identification of accessible units through ilhousing. org Recommendation 2: 10 Rental Vouchers for persons with disabilities Impediment #11: Persons with Limited English Proficiency have difficulty accessing services Goal: Equal Access for LEP Recommendation 1: Identify LEP Coordinator in county government