Tag Archives: fair housing

Borrowed from “SHELTERFORCE” -10 Ways to Talk About Inclusionary Housing, Differently

Shelterforce blog by Sasha Hauswald – September 20, 2017

…  Number 4 is one of my favorite. (Thriving Communities Editor)

” 4.  Streamline barriers to development

Many jurisdictions have zoning code requirements that are so complex that it is nearly impossible to build anything without lengthy and unpredictable approval processes for special exceptions to the zoning code. Inclusionary done right can greatly reduce procedural barriers to new development.

Affordable housing requirements are often adopted in combination with area-wide up-zoning or enhanced flexibility to build, by right, a reasonably profitable multifamily building. In these cases, inclusionary housing programs can actually increase development activity. Most importantly, inclusionary housing policies establish clear and predictable expectations that local developers can plan around. “

“Changes to Tax Credit Criteria Breaking Up Concentrated Poverty in New Jersey”

Important steps for affirmatively furthering fair housing – good work by the New Jersey Housing and Mortgage Finance Agency (NJHMFA)
“These Changes to Tax Credit Criteria Are Breaking Up Concentrated Poverty” [a New Jersey example]

Posted by Tim Evans in Rooflines, The Shelterforce blog, June 13, 2017 edition. This excerpt copied with permission of the National Housing Institute

While recent news reports have highlighted the low number of affordable housing projects using federal tax credits that are built in high-opportunity areas, a recent examination by New Jersey Future has found that strategic changes in the way federal funds are allocated for affordable housing in the state have meant that many more affordable housing projects have been directed away from high-poverty neighborhoods and toward areas that offer greater economic opportunity.

To evaluate whether those changes had their intended effect, New Jersey Future compared affordable housing projects that received federal Low Income Housing Tax Credits between 2005 and 2012 with projects that received credits between 2013 and 2015, after the New Jersey Housing and Mortgage Finance Agency (NJHMFA), which administers the tax credits in the state, made significant changes to the criteria it uses to award them. The agency made the changes with the specific goal of steering new construction of affordable housing away from areas of concentrated poverty and toward areas where public transit and major job centers existed, and that have higher-performing school districts.

Before the adjustment, a full two-thirds of projects near transit were located in . . .

Read More

Connecting the dots: Housing cost- community economic development – JOBS! Part 1

The insufficient supply of housing at a range of affordable prices, especially for rental housing, has important negative impacts on local economic development. Housing costs and availability impacts adequate workforce availability. The causes of high housing costs are multiple but a few factors are controllable by local municipalities, counties and regions with the understanding and political will. Exclusionary housing development zoning regulations for example fall into that category. Housing supply constraints affect local employment opportunities and wage dynamics especially in areas where the degree of zoning regulation barriers are more severe.

n1

It’s getting much tougher to find good jobs in areas with adequate affordable housing opportunities. Even when job markets improve, the absence of strong sustained real income growth means that for more and more communities, the relative cost of housing will continue to climb at the same time the availability of adequately affordable housing is decreasing.

Research shows (see, “The Role of Affordable Housing in Creating Jobs and Stimulating Local Economic Development: A Review of the Literature” Center for Housing Policy) that adequate affordable housing in communities has benefits extending beyond its occupants to the community at large. Without a sufficient supply of affordable housing, employers and entire regional economies can be at a competitive disadvantage because of their increased difficulty attracting and retaining workers.

N2

The excellent study referenced above provides a clear discussion of this issue. The primary thesis of the study is that developing more affordable housing in communities creates jobs — both during construction and through new consumer spending after the homes have been occupied. The positive impacts of building affordable rental housing are on par with and in many respects exceed the impacts of developing comparable market-rate units.

The take away from this is that housing affordability, inclusive communities and vibrant economic development, are intertwined in substantial ways. Communities can positively change the dynamics with various policies including favoring appropriate density in zoning laws.

 

And another thing

This is the last grant-funded post, so we’ll try to keep it snappy, not sappy. What do we know about housing, anyway? Not a lot, but a good deal more than when we signed on to this gig 10 months ago.

For what they’re worth, we’ll leave you with a gratuitous thought and an anti-climactic ranking.endgame1

Housing can’t simply be left to the private market, any more than health care or education. It’s time for people to accept that resolving the housing-affordability crisis will require significant new governmental investment; and alleviating the socioeconomic and racial segregation that continue to stand in the way of fair housing choice, all across the country, will require concerted government intervention. Why shouldn’t the right to decent housing and fair housing choice be a public policy priority commensurate with the right to health care or the right to receive an education?

Rankings abound at New Year, so here’s one with an ancillary question: Rent or buy? 504 counties around the country are listed in order of rental affordability — that is, the percentage of local median income that’s required to pay median rent of three-bedroom apartment in that county. Also listed is the affordability percentage of a median priced home. Compare the percentages to see whether it’s more affordable to rent or buy.

No. 1 in rental affordability (or unaffordability) is Honolulu, at 73 percent. Buy. No. 505 is Huntsville, Ala., at 23 percent. Buy.

You can get  to the Excel table by clicking here.

The only Vermont county in the table is Chittenden (listed as Burlington/South Burlington). Sorry, Bellows Falls, Bennington, et al, but that’s the way of these national surveys.

Burlington/South Burlington comes in at No. 152 in rental affordability, at 40 percent. Buying affordability: 46 percent. The recommendation: Rent.

Lake Champlain Burlington, Vermont.
 

That’s despite the fact that, according to the table, the cost of a 3 BR apartment in Burlington/South Burlington went up 12.2 percent in the last year.

Sounds a little high to us (so much for the 3.3 percent figure we’ve been hearing) but again, what do we know?

Could be worse.

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.”

 

We’re full, so go somewhere else

density1When someone says that a town or a city is “built out,” what does that mean? It often means simply that the speaker doesn’t want any more people moving in – even though it might be possible to design more space, in keeping with local standards, that would accommodate more people.

The common claim that a city has run out of room reflects not a physical reality, but rather, an exclusionary prejudice, as Emily Badger suggests in a thought-provoking piece in the Washington Post. She points to widely varying population densities of major “First World” cities (Seattle, 3,000 people per square mile; New York, 4,500; Paris, 9,500; London, 14,600). How can anyone in San Francisco, even with its topographical challenges, argue that that city is “built out” at a mere 5,400 people per square mile? In fact, according a Berkeley economist, the city could accommodate 30-40 percent more people without losing its character.

Building higher and shrinking parking lots can seem reasonable as planning options, but there are limits. In Burlington (2,730 people per square mile), for example, any building higher than about 12 stories would likely be seen as excessive, and no one is ready to enforce a dramatic reduction in vehicles plying the city’s roads. There is such a thing as overcrowding, too (HUD’s so-called Keating memo calls for a limit of two people per bedroom), but of course most American communities are nowhere near their limit.

The most densely populated municipality in Vermont is undoubtedly Winooski , about 4,800 people per square mile.

winooski

And Winooski, when you meander through it, doesn’t come across as particularly dense – much of its 1.5 square miles is occupied by single-family lots, after all. It could get denser and still be less so than LA (6,000 people per square mile) or Madrid (12,100) – never mind Mexico City (25,100) or Jakarta (24,500).

Nationally, exclusionary land-use practices have had the effect of holding down housing supply and pushing up housing prices. Consider California, where housing prices began to soar above those in the rest of the country starting around 1970. One reason California diverged, according to an legislative analysis that came out earlier this year, is housing construction has been limited – by community resistance, environmental policies and other factors – in coastal urban areas. That has driven up prices there and inland as well.

The legislative analyst called for policy changes that would lead to significantly more housing along the coast. Here again, the suggested remedy for unaffordability was a familiar one: increase the housing supply. But does anyone believe that can be left simply to market forces?

Moreover, merely eliminating exclusionary policies and increasing density, while favoring more affordability, aren’t necessarily sufficient to promote inclusiveness, or integration. The pro-density strategy has to be combined with affirmatively fair housing, as Jamaal Green argues in this Shelterforce article.

 

Carrots and sticks

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.

 

A non-presidential candidate gets to the point

 

Elizabeth Warren, the Massachusetts senator, gave a speech Sunday in Boston that the website “Salon” called “the realest talk on race by any American politician.” She delivered her remarks at the Edward M. Kennedy Institute for the United States Senate as part of a “Getting to the Point” lecture series.

Congressional Oversight Panel for TARP Chairman Elizabeth Warren briefs reporters on the latest news of her agency, which oversees the government's disbursement of billions of dollars to U.S. banks and the auto industry by the Troubled Assets Relief Program, at the Reuters Financial Regulation Summit in Washington, April 27, 2009. REUTERS/Mike Theiler (UNITED STATES POLITICS BUSINESS)

She had something to say about violence, about voting, and about economic justice – and economic justice as it relates to housing. Some excerpts:

“For most middle class families in America, buying a home is the number one way to build wealth. It’s a retirement plan-pay off the house and live on Social Security. An investment option-mortgage the house to start a business. It’s a way to help the kids get through college, a safety net if someone gets really sick, and, if all goes well and Grandma and Grandpa can hang on to the house until they die, it’s a way to give the next generation a boost-extra money to move the family up the ladder.

“For much of the 20th Century, that’s how it worked for generation after generation of white Americans – but not black Americans. Entire legal structures were created to prevent African Americans from building economic security through home ownership. Legally-enforced segregation. Restrictive deeds. Redlining. Land contracts. Coming out of the Great Depression, America built a middle class, but systematic discrimination kept most African-American families from being part of it.

“State-sanctioned discrimination wasn’t limited to homeownership. The government enforced discrimination in public accommodations, discrimination in schools, discrimination in credit-it was a long and spiteful list.”

Here we interject that she’s just scratching the surface of the federal government’s tawdry history of promoting residential segregation by race. For an eye-opening summation, check out what Richard Rothstein, of the Economic Policy Institute, had to say at the recent HUD conference in Washington. See the video we posted previously.

We note also the racial disparity in home ownership. In 2010,  in Vermont, according to the 2012 “Analysis of Impediments to Fair Housing Choice,” the home-ownership for whites (71.4 percent) was nearly twice that for blacks (32.5 percent).

Warren went on to talk inequality over the last few decades, including the disparate effects of predatory lending that preceded the housing crash:

“Research shows that the legal changes in the civil rights era created new employment and housing opportunities. In the 1960s and the 1970s, African-American men and women began to close the wage gap with white workers, giving millions of black families hope that they might build real wealth.

“But then, Republicans’ trickle-down economic theory arrived. Just as this country was taking the first steps toward economic justice, the Republicans pushed a theory that meant helping the richest people and the most powerful corporations get richer and more powerful. I’ll just do one statistic on this: From 1980 to 2012, GDP continued to rise, but how much of the income growth went to the 90% of America – everyone outside the top 10% – black, white, Latino? None. Zero. Nothing. 100% of all the new income produced in this country over the past 30 years has gone to the top ten percent.

“Today, 90% of Americans see no real wage growth. For African-Americans, who were so far behind earlier in the 20th Century, this means that since the 1980s they have been hit particularly hard. In January of this year, African-American unemployment was 10.3% – more than twice the rate of white unemployment. And, after beginning to make progress during the civil rights era to close the wealth gap between black and white families, in the 1980s the wealth gap exploded, so that from 1984 to 2009, the wealth gap between black and white families tripled.

“The 2008 housing collapse destroyed trillions in family wealth across the country, but the crash hit African-Americans like a punch in the gut. Because middle class black families’ wealth was disproportionately tied up in homeownership and not other forms of savings, these families were hit harder by the housing collapse. But they also got hit harder because of discriminatory lending practices-yes, discriminatory lending practices in the 21st Century. Recently several big banks and other mortgage lenders paid hundreds of millions in fines, admitting that they illegally steered black and Latino borrowers into more expensive mortgages than white borrowers who had similar credit. Tom Perez, who at the time was the Assistant Attorney General for Civil Rights, called it a “racial surtax.” And it’s still happening – earlier this month, the National Fair Housing alliance filed a discrimination complaint against real estate agents in Mississippi after an investigation showed those agents consistently steering white buyers away from interracial neighborhoods and black buyers away from affluent ones. Another investigation showed similar results across our nation’s cities. Housing discrimination alive and well in 2015.”

Highlights from fair housing conference

Here’s Fritz Mondale, former VP and co-sponsor of the Fair Housing Act, speaking yesterday about what it took to get the bill through Congress. Among other things, it required support from “Lincoln Republicans” and a nudge from President Johnson.

The venue was HUD’s National Fair Housing Conference, in Washington, for which Mondale was the keynoter.

//

And here’s Richard Rothstein, of the Economic Policy Institute, debunking the national myth of “de facto segregation” — and explaining how residential racial segregation has been a result of conscious public policy on the part of federal, state and local governments.

http://

Housing Action Plan revisited

The latest draft of Burlington’s Housing Action Plan, out last week, deserves a few pointed comments. Aside from two additional proposals (bringing the total to 20), there aren’t many substantial changes, but we noticed a few subtle revisions worth noting.

burlingtonapt

We all know there are no simple remedies for the housing affordability problem, which the action plan declares to be one of the city’s “most significant challenges.” The two new proposals certainly don’t qualify as silver bullets.

One is for Burlington to take the lead in “regional housing initiatives that strengthen transportation corridors.” Clustering new housing near transportation nodes or corridors makes sense and is being pushed in various metro areas around the country. Certainly, if any municipality around here is going to take the lead in this sort of planning, it might as well be Burlington. On the other hand, in the absence of county government or targeted oversight by the legislature, regional planning in these parts is largely a hand-waving exercise.

The other new proposal, to improve home energy efficiency of rental units, could help diminish some of the prevailing housing burden (58 percent of Burlingtonians are renters, and they pay an average of 44 percent of their income on housing, the report states), but not the lion’s share of that burden –monthly rents.

The new draft adds language in its first paragraph acknowledging the need to “continue supporting efforts to protect tenants’ rights, prevent displacement, and ensure fair housing” — a commendable revision. Granted, the action plan doesn’t have much to say about fair housing, but that’s OK, because Burlington will be giving fair housing a detailed look in its forthcoming “assessment” mandated by HUD’s affirmatively furthering fair housing regulation.

As before, the plan recommends considering revisions in the inclusionary zoning ordinance. The new draft adds “triggering thresholds” to the provisions to be rethought, but in any case, all the serious rethinking of this ordinance is being deferred to a consultancy-to-be-named later. Ultimately, we’ll be looking for recommendations on how the ordinance can produce affordable units at a higher rate than it has in the past (fewer than 250 units in 25 years).

Another pending review (or moving target) focuses on Plan BTV South End, which we mentioned in a previous post and is in a comment phase now.

Here’s one area where the action plan draft comes up short: addressing the housing burdens of middle-class people, including the proverbial young professionals. The plan’s introduction lays out the affordability “challenge” for “residents across much of the income spectrum, and in particular those who make enough money that they are not eligible for subsidized housing, but struggle to compete in an unhealthy housing market where demand has far outstripped available supply.” What does the plan offer for these residents in particular? Not much, beyond vague references to “workforce housing” and the familiar argument that increasing the housing supply (in part by pulling students out of the rental market and into new residence halls) will ameliorate upward pressure on rents.