Category Archives: fair housing

Signs of desperation

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desparation

The housing affordability problem, which sometimes seems intractable in the current political climate, is generating some novel ideas around the country – would-be solutions and would-be explanations, among them:

  • A school district in the San Francisco Bay area is contemplating building housing for teachers who otherwise can’t afford to live there. Imagine that: A school board going into the development business just so it can hold on to the faculty.
  • NIMBYism apparently pervades wealthier suburbs outlying Chicago, which have less than their share of tax-credit supported low-income housing, according to a regional analysis. Advocates of “affordable housing” admit that the term itself can draw discriminatory, responses and that they might have more success if they called it something else. But alas, resistance to inclusiveness is more than a public relations problem.
  • Further signs of desperation in California: One county is considering a tax on Airbnb to help fund affordable housing development. Another is contemplating rent control. And a renters’ federation is complaining that the Sierra Club (the Sierra Club!) is standing in the way of needed housing density.
  • Denver’s housing crisis has been exacerbated by marijuana legalization, or so some surmise. That seems like a stretch, but the argument goes like this: (a) Legalization has pulled in a surfeit of millennials, driving up rents. (b) Growers are snapping up old industrial areas and driving out the artists who inhabit them. Mercifully, artists seem to have other options in Colorado.

Racial disparity: here we go again

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debt

ProPublica has a fine expose on racial disparities in debt-collection litigation. Reporters examined court judgments in St. Louis, Chicago and Newark and found that court judgments were twice the size in predominantly black neighborhoods compared to predominantly white neighborhoods – even controlling for income. African Americans significantly more likely than whites to be sued by debt collectors.

So what, you might ask, does this have to with housing, or more particularly, housing discrimination (AKA fair housing)?

Two things:

  • One inference from the findings is that blacks tend to have less resources – less wealth – to fall back on in hard times. Specifically, they have less wealth in the form of home equity to pass on one from one generation to the next, and that’s a legacy of housing racial discrimination that was promoted and enforced by governments at all levels – and notably, by the federal government from the 1930s on.

As the ProPublic article puts it:

“Experts cite many reasons why blacks might face more lawsuits, foremost among them the immense gap in wealth between blacks and whites in the U.S. It’s a gap that extends back to the institution of slavery and, more recently, to 20th century policies that promoted white homeownership while restricting it for blacks.”

That gap has even widened since the Great Recession, according to the Pew Foundation. The typical black household has a net worth more than 10 times less that of the typical white household:

wealthgap

 

 

 

 

 

  • The other connection to fair housing is that the racial disparity in debt-litigation cases runs parallel to the racial disparity in predatory lending that was revealed during the housing bubble years of the early 2000s. In many areas, blacks were steered to expensive home loans even when they could have qualified for standard mortgage loans. The debt collectors insist they’re treating everyone the same and not screening cases by race. That may be true, but the mass effect is similar to that produced when minorities were are targeted by predatory lenders in the years leading up to the Great Recession.

For a brief description of how a bank was called to account under the Fair Housing Act, check out this synopsis of a case that the civil rights law form Relman, Dane & Colfax filed against Wells Fargo in Baltimore, or this summary in the Baltimore Sun.

More housing-crisis dispatches

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Another of our occasional samplers on the unaffordability epidemic:

  • As Seattle wrestles with housing unaffordability, an op-ed in the local paper recommends looking to Berlin!

berlin2

Germany’s largest city, newly flooded by young people and immigrants, has a population of 85 percent renters and has introduced a new form of rent control — the “rental price brake,” which seeks to rein in rent increases. (Median rents have gone up 50 percent in six years, by one account.) And government has imposed other constraints – on renovations (can’t be too fancy without approval) and on conversion to vacation homes. Well, that may sound promising, but to what effect? Protesters are in the streets, we learn in the Wall Street Journal, as “Berlin’s Housing Problems Boil Over.”

Unicode

  • In Edina, Minn., a suburb of Minneapolis, 96 percent of the housing stock is unaffordable to a family of four earning $43,000 annually. So, the City Council is considering a form of inclusionary zoning with a buy-out provision. New developments would have to include 10 percent affordable units, or that requirement could be waived if the developer pays $220,000 per unit into a city fund to support affordable housing. Now, that’s not a new idea, but the buy-out figure looks rather high (Burlington’s is $100,000 per unit), and of course, there’s the concern that any new housing developed by the city not lump all the lower-income people together in their own blighted enclave.
  • In Columbus, Ohio’s Franklin County, more than 24,000 people applied for Section 8 vouchers from an agency that is prepared to give out … 200, followed by 70 a month. That’s in a county where 13,000 vouchers are in use.
  • In Miami, old people camped out overnight just so they could file applications to live in an affordable senior housing complex.
  • In Portland, Ore., the newly declared “housing emergency” is expected to last at least a year.
  • And in Palo Alto – we know, we know, this is Silicon Valley and expected to be unaffordable beyond  imagining – a local man and college graduate who earns a “decent salary” is living with his parents because he can’t afford an apartment. He graduated from Palo Alto High 20 years ago, so he’s too old to be a Millennial! Here’s what he told the City Council about himself and his cohorts:

“All of us went to great colleges, great grad schools, and not one of us can live in the city.”

 

Carrots and sticks

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Affirmatively furthering fair housing (AFFH) is a recurrent theme on this website, so if you’re still not conversant with the phrase, today’s post is another opportunity. Essentially, the AFFH rule issued by HUD over the summer represents a reinvigorated push to promote inclusive communities and to break up concentrated areas of segregation and poverty that the 1968 Fair Housing Act was intended to dispel.

AFFH

If for no other reason, you should become familiar with AFFH because it’s a key addition to contemporary American civil rights vocabulary. You can bone up on previous posts here,  or here, or delve in to some of this website’s Resources.

And if you’re a citizen committed to supporting affordable housing development in mixed-income, higher opportunity areas, your role may be important than you thought. Consider this excerpt from an essay by Michael Allen, a partner in the civil rights law firm of Relman, Dane & Colfax and one of the leading legal lights nationally in fair housing litigation:

“What HUD produced is a Final Rule long on ‘carrots,’ but painfully short on ‘sticks.’ To compound that problem, HUD does not currently have—and is very unlikely to acquire—sufficient resources to police the compliance of 1200 block grant recipients and 3400 public housing agencies. As a consequence, the promise of the Affirmatively Furthering Fair Housing (AFFH) mandate is likely to be realized only in communities where grassroots and legal advocates mobilize and create their own enforcement strategies. The success of the Final Rule will depend on this grassroots mobilization, on a community-by-community basis, all over the country. That means advocates, collectively, need to step up to the plate and provide the tools and resources for a sustained ‘ground game.’”

As for “carrots” that municipalities can offer for affordable housing development, the Fair Housing Project’s own Ted Wimpey offered a nice summation in his August testimony to the Vermont Advisory Committee to the U.S. Commission on Civil Rights: inclusionary zoning, density bonuses and impact-fee reductions, among others.