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 x2118
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 MidFlorida, 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 PolicyLink)
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
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,” per 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 2nd 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