Category Archives: fair housing

Renters’ agenda

The Center for American Progress has put out a report that nicely ties together, in summary fashion, the current status of fair housing and unaffordable housing. These are the mainstay, overlapping concerns of the “Thriving Communities” campaign. If you’re looking for a fairly brief (33 pages) treatment of where things stand, complete with an array of federal policy recommendations, “An Opportunity Agenda for Renters” is worth a look. rent2

The report touches on many of the topics we’ve mentioned in this blog — the persistence of racial and socioeconomic segregation, the barriers to mobility from impoverished to high-opportunity areas, the growing financial burdens on the growing class of renters in the face of woefully insufficient public subsidies.

One of the policy recommendations, naturally, is that the primary federal vehicle for creating or preserving affordable housing be expanded. That’s the Low Income Housing Tax Credit, which accounts for about 110,000 residential units a year, according to the report. But even if that program were increased by 50 percent, as called for by the Bipartisan Policy Center’s Housing Commission, the total number of units created or preserved would still be way too few, considering “the current shortage of 4.5 million units that are affordable to extremely low-income households.”

As things stand, the federal tax code benefits homeowners in several ways, and disproportionately the wealthier ones. The mortgage-interest tax deduction alone costs the government about $70 billion a year. By contrast, increasing funding of the Section 8 program to cover 3 million eligible low-income renters who are shut out of the program now would cost just $22 billion.

Here’s another proposal in renters’ favor: creating a federal renters’ tax credit. A modest tax credit benefiting the lowest income renters could cost a mere $5 billion.

Vermont’s renter rebate is better than nothing, but it still doesn’t go very far. In 2012, according to a 2014 report to the Legislature, 13,541 claimants (about one-fifth of the state’s renting households) received a total of $8.7 million in rebates, for an average of $641. That $641 was not enough to unburden the typical claimant.

“On average,” the report stated, “Vermont’s renter rebate program reduces gross rent as a percent of household income from 36.7 percent to 33.6 percent.” rent1

In other words, the average renter was living in an unaffordable place even after the rebate.

 

Zoning’s link to unaffordability AND inequality

Rising income inequality has become a major public concern over the last few years. What some of us may not realize, though, is that zoning is one of the likely culprits.

Yes, zoning and other land-use restrictions can contribute to housing unaffordability, but also — by extension — to income inequality and diminishing productivity.furman2

That’s the argument that Jason Furman, chairman of the president’s Council of Economic Advisors, brought to the Urban Institute in an address last month. His remarks had scholarly underpinnings, in the form of charts and footnotes.

Here’s a compressed version of what he said: Income inequality has increased over the last several decades, as have land-use restrictions in the more productive metropolitan areas. Meanwhile, labor mobility has declined — workers are less likely to switch jobs and move around the country for higher pay — and so have annual increases in productivity. The drop in mobility ( or “fluidity”) is not well understood, but one cause appears to be the high cost of housing in high-wage, productive cities (such as Boston or San Francisco) that many would-be employees can’t afford to move to.

“Zoning and other land-use restrictions, by restricting the supply of housing and so increasing its cost, may make it difficult for individuals to move to areas with better-paying jobs and higher-quality schools,” he said. (He acknowledged that some land-use restrictions can be beneficial, but that some can be harmfully excessive, in such forms as minimum lot sizes, off-street parking requirements, height limits, prohibitions on multifamily housing, and lengthy permitting processes.)

Hampered mobility diminishes economic growth, he said, citing the same recent study we referred to in a recent post.

Generally speaking, Furman said, zoning restrictions tend to favor well-to-do property owners, who defend these restrictions so as to safeguard their assets. Stringent zoning reduces housing supply, maintains high prices, reinforces wealthy enclaves, and effectively repels people of moderate or low income. The restrictiveness of land-use regulations correlates with the gap between construction costs and house prices — the bigger the gap, the more land costs figure into the those higher prices.

“The timing of tighter land use regulations may not have been a coincidence,” Furman said. “After a turbulent decade of the 1960s in the United States that saw racial tensions flare, with rioting in many urban areas around the country that damaged or destroyed both residential and commercial structures, thousands of high income, predominantly white families moved out of many cities, spurring the continued rise of racially and socioeconomically homogeneous communities. These communities were also strictly zoned, a choice which may very well have been a part of a conscious or unconscious attempt to maintain this homogeneity through the affordability channel.”

Nowadays, there’s an increased demand for multi-family housing, but this form of housing tends to be heavily regulated, he said, and one of the nation’s challenges is to reduce regulatory barriers to increasing the supply of this housing option. In fact, the Obama administration is promoting an initiative (the Multi-family Risk Sharing Mortgage) to shore up the “limited supply of credit” for multifamily developments.

What’s more, Obama’s FY16 budget includes $300 million for Local Housing Policy Grants — a competitive program, he said, designed to provide funds “to those localities and regional coalitions” that support “new zoning and land use regulations to create an expanded, more flexible and diverse housing supply.”

Hmm, any interest in Vermont?

NIMBY notes from all over

Fresh news of NIMBY opposition to affordable housing comes out of … well, our own backyard.

From North Country Public Radio, we learn that residents in Plattsburgh managed to persuade the planning board to reject a proposed four-building residential complex, alleging familiar sorts of adverse effects that low-income people would have on traffic, safety, property values. plattsbugh Affordable housing is a permitted use in that district, but…

 “It is transient housing,” one resident complained. “ They put people in there who are just out of jail, prison whatever until they can get back on their feet … I don’t want it in my area.”

“This concept of us serving transients is so far from reality,” countered the director of the housing organization that would be referring tenants. “The majority of the people that we serve are disabled. They are the veterans in your community. There are elderly people in your community that we serve…”

She might have also cited reports, like this one, that affordable housing can have an uplifting impact on economic development and property values.

Oh well. The developer is appealing the rejection in court. “The thrust of it was, they did not want ‘these people’ moving into their neighborhood,” the developer’s lawyer said.

Plattsburgh is in good company. Upper Saddle River, a toney community in New Jersey, is being sued for rejecting a multi-family housing complex, and thus, by proxy, new residents who happen to be black or Latino. Another interesting case of NIMBY opposition to multi-family housing recently arose in Arizona, where the “backyard” in question belonged to a mortuary! Apparently the mortuary and the developer resolved their differences, though.

NIMBYism gets some of the credit, or blame, for California’s housing-affordability crisis, and it certainly comes in many forms, as this entertaining catalogue attests. Among our favorites are “mega-mansion NIMBYs.” 

Daunting affordability gaps

Here’s a seat-of-the-pants calculation that shows one dimension of Burlington’s (and Vermont’s) affordability problem for renters:

According to Vermont Housing Data, Burlington has 9,596 rental units. Of the households living in them, 61 percent are paying more than 30 percent of their income for housing — the standard threshold of unaffordability. By that standard, 5,853 rental units in Burlington are unaffordable to the people who live in them.

Lake Champlain Burlington, Vermont.

(The same source reports Vermont’s rental units at 69,581. More than half the households in those units – 52.5 percent – are paying more than 30 percent. That puts the state’s unaffordable rental units at 36,530.)

Those are just the figures for the standard housing burden. In Burlington, 35.7 percent of renters are severely burdened, paying more than 50 percent of their income on housing. That works out to 3,426 rental units that, for them, are severely unaffordable (and 18,369 such units statewide).

These are unsettling numbers, and of course there’s no easy remedy or policy panacea (although doubling public funding for affordable housing and raising the minimum wage to $15 would probably help).

Inclusionary zoning – which requires a specified percentage of units in new developments to be affordable – is among the policies that can be brought to bear. For a thorough, thoughtful treatment of the subject by Rick Jacobus, a Burlington alum, click here. He points out, among other things, that “inclusionary housing is one of the few proven strategies for locating affordable housing in asset-rich neighborhoods where residents are likely to benefit from access to quality schools, public services and better jobs.” In other words, it’s fully in keeping with the renewed national emphasis on affirmatively furthering fair housing.

He also writes that “inclusionary housing has yet to reach its full potential.” That’s an understatement in Vermont — one of 13 states that has statutes authorizing inclusionary policies that virtually no municipality except Burlington has taken advantage of – and in Burlington itself, where an inclusionary ordinance has been on the books for 25 years. Over that period, the policy has resulted in only about 260 affordable units (many of them condos).

That relatively low number reflects, in part, a lag in Burlington housing development in comparison to the rest of the county. What accounts for that, and is there any way the city’s inclusionary policy could be tweaked to make it more effective? Answers to these and other questions may be a year away. The Housing Action Plan calls for hiring a consultant to review the city’s inclusionary policy and make recommendations by next fall.

Here a crisis, there a crisis

Never mind California or the Northeast. The housing-unaffordability problem can be found lots of other places, some of them rather unlikely. If you breeze through news coverage from around the country, you can find stories from all over that use the phrase “crisis” or “crunch” or “shortage” to describe the local or regional housing-unaffordability profile:

Just in the past few days, stories have bubbled up from Taos,  Taos Jackson Hole, Aspen, Madison, Asheville, Hawaii, and Austin — all in crisis mode.

Austin is an interesting case: There’s not only an affordability shortage, most of the supposedly affordable units aren’t really affordable after all, according to a rather scathing audit that just came in. From the report summary: “The City does not have an effective strategy to meet its affordable housing needs. Neighborhood Housing and Community Development has not adopted clear goals, established timelines, or developed affordable housing numerical targets to evaluate its efforts in fulfilling the City’s adopted core values. Key information needed to evaluate program effectiveness is incomplete, inaccurate or unavailable.” Austin3  This, in the latter-day birthplace of public housing that  the mayor pronounced the most economically segregated city in the country.

Among the places you might not expect to find a housing crisis: Minot, N.D., rural Iowa, IowaNorth Platte, Neb. (Say it ain’t so, North Platte!) And to think that this is not something the presidential candidates can even be bothered to talk about!

In fact, every county in the country can be said to be in crisis when it comes to housing extremely low-income households (that is, households with less than 30 percent of median income, 11.3 million nationwide). No county has enough units for such people, according to an analysis the Urban Institute did this summer. For an interactive map that will show you how many affordable units in each county for 100 poor households, click here. In Vermont, Orange, Windsor and Windham counties come out the best, with 49 affordable units for 100 households; Caledonia, Lamoille and Orleans have the fewest, at 29. The national average: 28.

Of course, the national challenge is not just to create plenty more affordable housing but to locate it judiciously. New housing options have to be provided for low-income people in low-poverty neighborhoods, otherwise known as “high-opportunity” areas. That’s what affirmatively furthering fair housing is about — breaking up historic settlement patterns of concentrated poverty and segregation and promoting integration.

Naturally, AFFH generates pushback. So, sprinkled among the wash of “housing crisis” stories are accounts of resistance to affordable housing projects in well-healed suburbs – such as Simsbury, Conn. (median household income$104,000) , and Wilmette, Ill. ($127,000).

Affordability with an expiration date

expireIf we’re going to address the housing-affordability shortage, two things have to happen. The first is obvious: more affordable units have to be built or developed. The second is less obvious: For the affordable units that already exist, insufficient as they are, affordability has to be preserved.

Preservation is necessary because affordability typically derives from public subsidies, such has low income housing tax credits, that expire – after 15 years, in the case of LIHTC. As the expiration nears, a private owner might well be tempted to convert the units to market rate or to sell to a new owner who will have no affordability restrictions. Such a sale might be particularly tempting in hot real estate markets.

A wave of coming expirations across the country prompted this ominous Blooomberg headline last week, “A lot of cheap housing is about to get very expensive.” The story drew from an Urban Institute blog post on a review of 1.2 million project-based rental assistance units around the country that found about one-third were at risk of losing their affordability status in the next couple of years. The Urban Institute researchers recommended that local preservationists (such as housing non-profits and land trusts) focus their efforts on units in “high-opportunity” or low-poverty areas, where owners’ temptation to convert to market rates might be particularly strong.

greenhousemorgue1

Vermont, mercifully, has benefited from a concerted preservation effort since the late ‘80s – a combined initiative of state agencies (Vermont Housing Finance Agency and Vermont Housing & Conservation Board) that marshal state and federal dollars to provide and extend subsidies, and non-profit organizations, such as land trusts, that step in to acquire properties before they disappear from affordability ranks.

A survey last year turned up 822 units in privately owned apartments in Vermont with subsidies due to expire before 2020. An additional 1,649 units controlled by non-profits were found to be eligible for new investments, such as capital improvements or subsidy-extensions, before 2020.

Whether Vermont will be able to maintain its historically high rate of preservation for these units will depend, in large part, on the availability of public funds to underwrite the needed subsidies and investments, and the outlook for that, at both state and federal levels, is dubious.

burlingtonapt

And even if Vermont could preserve the affordability in perpetuity of all the current affordable units, there aren’t anywhere near enough of them to meet the demand. Many more affordable units have to be developed, and more public money will be necessary for that, too. That’s money that won’t be available until political leaders make housing a priority.

 

At the root of school segregation

It wasn’t the failure of “forced busing” that led to current racial disparities in school achievement outcomes. The problem, rather, is that the nation’s schools have become more segregated over the last three decades, as integration dropped from the agenda of education policy-makers.

So wrote a Syracuse University education professor, George Theoharis, in an interesting piece in the Washington Post Sunday. syracuse1

Two startling observations derive from his home town — which happens to be in our neck of the woods.

He notes the enormous disparities in programs, and outcomes, between a middle school with an 85 percent black and Latino student body and another middle school, 10 miles away, that’s 88 percent white. And he points out that in 1989, the city’s schools were about 60 percent white and 20 percent black/Latino, and that now, the district is 28 percent white, 55 percent black/Latino.

Theoharis goes on to discuss how a renewed emphasis on desegregation in educational policy could provide remedies: Redesigning school districts, for example, and putting them together “like pie pieces, so they cut across urban, suburban and even rural spaces”;  or creating magnet schools; or providing incentives to school districts to desegregate.

(Note: Magnet schools were the Burlington School District’s remedy for socioeconomic achievement gaps.)

But Theoharis never delves into the heart of the matter: residential segregation. This has grown worse in many cities since 2000, with an increase in the number of high-poverty neighborhoods, as we noted in an earlier blog post citing “The Architecture of Segregation,” a paper that detailed the demographic trends. In Syracuse since 2000, according to that paper, “the number of high-poverty tracts more than doubled, rising from twelve to thirty… As a result, Syracuse now has the highest level of poverty concentration among blacks and Hispanics of the one hundred largest metropolitan areas,” as shown in this table:

syracusetable

 

 

 

 

 

 

The takeaway is that addressing residential segregation iskey to addressing school segregation. Another analysis of school segregation and racial performance disparities, by the Economic Policy Institute’s Richard Rothstein, put it like this:

“Education analysts frequently wonder why a black–white achievement gap remains, even when individual poverty and family characteristics are similar. Partly it’s because of greater (and multigenerational) segregation of black children into neighborhoods of high poverty, few employment opportunities, and frequent violence….

“It is inconceivable to think that education as a civil rights issue can be addressed without addressing residential segregation … Housing policy is school policy; equality of education relies upon eliminating the exclusionary zoning ordinances of white suburbs and subsidizing dispersed housing in those suburbs for low-income African Americans now trapped in central cities.”

That’s what affirmatively furthering fair housing is all about, right? But you already knew that.

 

Right under our nose

We’ve heard a lot over the last few years, both in Vermont and nationally, about how “health care is a human right.” But what about housing as a human right?

If we haven’t been hearing much about that, it’s because we haven’t been paying attention.

UN1

Adequate housing as an international human right has been a familiar theme in the United Nations for years. In fact, it’s centerpiece of the message that the U.N.’s housing rapporteur delivers regularly to the General Assembly. The current rapporteur, appointed last year, is Leilani Farha, executive director of Canada Without Poverty, a lawyer. Her full title is “Special Rapporteur on adequate housing as a component of the right to an adequate standard of living.”

That title derives from the Universal Declaration of Human Rights, adopted in 1948, which, while not declaring housing a right per se, does say this:

Article 25.

Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services …

and this, foreshadowing the spirit of fair housing law:

Article 13.

  • (1) Everyone has the right to freedom of movement and residence within the borders of each state.

Over the years through assorted covenants and agreements, we learn by browsing U.N. documents, housing has achieved recognition as a human right.

Here we pause to note that much of the Universal Declaration of Human Rights (which is worth reading, if refresh your memory of how many rights remain unfulfilled) has been willfully ignored by many U.N. members. And of course the U.N. has negligible power to enforce compliance. (We seem to recall that the U.N. brought its “water is a human right” message to Detroit last year. How did that turn out?)

We turn now to the website of the U.N.’s High Commissioner for Human Rights:

“Increasingly viewed as a commodity, housing is most importantly a human right. Under international law, to be adequately housed means having secure tenure – not having to worry about being evicted or having your home or lands taken away. It means living somewhere that is in keeping with your culture, and having access to appropriate services, schools, and employment.

“The right to housing is interdependent with a number of other human rights: rights to health, to education, to employment, but also to non-discrimination and equality, to freedom of association or freedom from violence, and ultimately to the right to life.

Too often violations of the right to housing occur with impunity. In part, this is because at the domestic level housing is rarely treated as a human right…”

The rapporteur’s 2014 report notes that “under international human rights law, it is the State that is held responsible for the compliance with international human rights to which it is bound.” That means national governments, but also, in the case of housing, “state/provincial and municipal governments.”

She acknowledges that ”the evolving nature and diversification of the State and the multiplicity of actors who may be involved in fulfilling its obligations under international human rights law make implementation all the more complicated.”

She can say that again, in housing’s case.

 

NJ’s lessons for VT

The Times’ Sunday editorial was a ringing endorsement of affirmatively furthering fair housing as put into practice in Mount Laurel, N.J. Mount Laurel, of course, was the epicenter of a fair housing lawsuit that resulted in state supreme court rulings in 1975 and 1983 known as the Mount Laurel Doctrine.

mtlaurel1

Essentially, the doctrine held that every town must make room for people of all incomes and can’t legitimately exclude low or moderate income people through restricting planning and zoning policies. The Fair Share Housing Center, a primary litigant in the case that led to the Ethel Lawrence Homes in Mount Laurel that’s lauded by the editorial, calls it “one of the most significant civil rights cases in the United States since Brown v. Board of Education (1954).”

That statement might sound self-serving, but it has some credence, given that other states all over the country – including Vermont – have at least paid lip service to this principle. (For a quick summary of the Doctrine and how it resonates in Vermont, check out our previous blog post on this.

One thing that was missing from the editorial was any invocation of the incisive language in the New Jersey justices’ rulings. Like this, from Mount Laurel I:

“By way of summary, what we have said comes down to this. As a developing municipality, Mount Laurel must, by its land use regulations, make realistically possible the opportunity for an appropriate variety and choice of housing for all categories of people who may desire to live there, of course including those of low and moderate income. It must permit multi-family housing, without bedroom or similar restrictions, as well as small dwellings on very small lots, low cost housing of other types and, in general, high density zoning, without artificial and unjustifiable minimum requirements as to lot size, building size and the like, to meet the full panoply of these needs. Certainly when a municipality zones for industry and commerce for local tax benefit purposes, it without question must zone to permit adequate housing within the means of the employees involved in such uses…” (emphasis added)

Those guidelines are as apt today as when that opinion was written, in 1975 – 40 years ago!

Another thing missing from the editorial was anything more than a passing reference to complexities and controversies that attended efforts to implement the doctrine in municipalities across the state. It’s a long and tangled story, and while it’s true as the Times intones that “some local officials are working diligently to turn back the clock…” and that “Gov. Chris Christie and his allies in some of the state’s wealthy towns would like nothing more than to kill this remedy…” there is an added complication in many communities, and this one has resonance in Vermont, too.

newjersey2

Some of the challenges New Jersey’ Sussex County faces in providing more affordable housing, according to this New Jersey Herald account, may sound familiar here:

“ ….a shortfall of utilities — sewer, water, electric — to accommodate more housing and population; and a lack of practical public transportation in the area that limits the ability for low- and moderate-income people to get to decent-paying jobs.

“But the most glaring problem is that with the population declining and the economy volatile, the county is not an ideal place for developers to invest.”

 

What they didn’t talk about

debate2

The Democratic presidential candidates had a fair amount to say last night about the disappearing middle class, but not about where all of those fallen people can afford to live. Housing unaffordability is a “crisis” throughout the country, judging from news accounts, but it was not among the “pressing issues” deemed worthy of discussion in the debate.

One likely reason is that “pressing issues” for the purpose of this debate were defined, in part, by the volume of traffic they generate on Facebook. Perhaps housing advocates need to devote themselves more devoutly to social media.

Another reason, as we’ve suggested in previous posts, is that any substantial solution to the affordability problem will require major federal investments, in the form of subsidies, public housing and so forth. To be sure, raising wages – as the candidates pledged to do – will help alleviate the problem, but even a minimum wage of $15 will leave millions of people house-poor.

Here’s an idea that might have been introduced during the debate’s back-and-forths about capitalism, but wasn’t: Housing, like education and health care, is basic human need that requires major governmental intervention and that can’t simply be left to market forces. Don’t take our word for it –check out what an establishmentarian magazine, The Economist, has to say about housing as one of capitalism’s unmet challenges.

Another housing topic the candidates bypassed was the pronounced racial segregation that still marks residential settlement patterns in metropolitan areas all over the country, 47 years after the passage of a Fair Housing Act that was intended to undo that segregation.

They had opportunities to discuss this, when they were invited to talk about “issues of race in America” or the unrest in Baltimore, but the focus remained on reforming the criminal justice system, improving educational opportunities, and so forth. Not that these aren’t important, but there’s another perspective on the events of Baltimore and Ferguson that deserves attention. Consider this analysis by the Economic Policy Institute’s Richard Rothstein, published soon after the Baltimore riots:

“Whenever young black men riot in response to police brutality or murder, as they have done in Baltimore this week, we’re tempted to think we can address the problem by improving police quality—training officers not to use excessive force, implementing community policing, encouraging police to be more sensitive, prohibiting racial profiling, and so on. These are all good, necessary, and important things to do. But such proposals ignore the obvious reality that the protests are not really (or primarily) about policing.

“Baltimore, not at all uniquely, has experienced a century of public policy designed, consciously so, to segregate and impoverish its black population. A legacy of these policies is the rioting we have seen  ….Whether after the 1967 wave of riots that led to the Kerner Commission report, after the 1992 Los Angeles riot that followed the acquittal of police officers who beat Rodney King, or after the recent wave of confrontations and vandalism following police killings of black men, community leaders typically say, properly, that violence isn’t the answer and that after peace is restored, we can deal with the underlying problems. We never do so.

“Certainly, African American citizens of Baltimore were provoked by aggressive, hostile, even murderous policing, but … (w)ithout suburban integration, something barely on today’s public policy agenda, ghetto conditions will persist, giving rise to aggressive policing and the riots that inevitably ensue. Like Ferguson before it, Baltimore will not be the last such conflagration the nation needlessly experiences.”