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Building Sustainable Inclusive Communities of Opportunity

Metropolitan Area Planning CouncilAnnual Spring Meeting

June 1, 2011

Tracy L. Brown, Executive Director, Fair Housing Center of Greater BostonMargaux LeClair, Counsel/Specialist

Department of Community and Housing Development

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Overview• Introduction

• Fair Housing Policy – Fair Housing Act of 1968, as amended

• HUD grant recipient agree not to discriminate

– What is Affirmatively Furthering Fair Housing?• Certification to Affirmatively Further Fair Housing• Analysis of Impediment Plan• Fair Housing Actions• Metropolitan Area Planning Council – Regional Analysis of Impediments

– What are the current trends and case law in developing Analysis of Impediments Plans?

• How can we build inclusive sustainable communities using AFFH / AI Policy and Tool?

– Community Participation– Establishing a Regional Analysis of Impediment Advisory Council– Identifying “key issues” to address (research and data analysis)– Action Items (including policy, program and funding recommendations)

• Questions and Answers

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What is Fair Housing? / Protected Classes

Fair Housing Act, 1968 Title VIII

The protection of individual’s rights to equal housing opportunity. It Fair Housing Acts prohibits discrimination in sales, renting, financing and advertising.

Protected Classes

Federal Level

Prohibits discrimination on the basis of: Race, color, national origin, families with children, disability, religion, sex.

MA State

Prohibits discrimination on the basis of: Race, color, national origin, families with children, sex, veteran status, age, source of income, sexual orientation, genetic information, ancestry, religion, and disability

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HUD Grant Recipients

It is HUD's mission to promote non-discrimination and ensure fair and equal housing opportunities for all.

HUD-funded grant recipients are obligated under various laws not to discriminate in housing or services directly or indirectly on the basis of race, color, religion, sex, national origin, age, familial status, or disability.

HUD rules further require that recipients of Federal financial assistance comply with civil rights-related program requirements that affect nearly every aspect of each program. HUD's non-discrimination requirements are compiled from several different federal laws designed to protect each individual's right to fair housing and equal opportunity.

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What is Affirmatively Furthering Fair Housing?(AFFH)

U.S. Department of Housing and Urban Development (HUD) is committed to eliminating racial and ethnic segregation, illegal physical and other barriers to persons with disabilities and other discriminatory practices in housing. A policy framework and tool to assist in achieving this is Affirmatively Furthering Fair Housing and develop and analysis of impediments.

HUD defines AFFH as requiring a grantee to:1. Conduct an analysis to identify impediments to fair housing choice within

the jurisdiction

2. Take appropriate actions to overcome the effects of any impediments identified through the analysis

3. Maintain records reflecting the analysis and actions taken in this regard.

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Certification and AFFHand Fair Housing Planning

State and Entitlement recipients are required to sign a certification to affirmatively further fair housing. As part of the jurisdiction's Consolidated Plan, these recipients are required to undertake fair housing planning. Fair Housing Planning consists of the following:

(1) an Analysis of Impediments (AI) to fair housing choice;

(2) actions to cover the effects of the identified impediments; and

(3) maintenance of records to support the affirmatively furthering fair housing certification.

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Certification and AFFHand Fair Housing Planning

The certification process includes the following:

1) Written Assertion, 2) Supporting Evidence, 3) Available for inspection by Secretary or Inspector

General and the public, 4) Deemed accurate for purpose of Fair Housing Act

unless the Secretary determines otherwise after; 5) Inspecting the evidence and 6) Provide notice and opportunity for public comment 

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Analysis of Impediments (AI) to Fair Housing Choice

Analysis of Impediments (AI) is a review of impediments or barriers that affect the rights of fair housing choice.

• It covers public and private policies, practices, and procedures affecting housing choice.

• Impediments to fair housing choice are defined as any actions, omissions, or decisions that restrict, or have the effect of restricting, the availability of housing choices, based on race, color, religion, sex, disability, familial status, or national origin.

• The AI serves as the basis for fair housing planning, provides essential information to policy makers, administrative staff, housing providers, lenders, and fair housing advocates, and assists in building public support for fair housing efforts.

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Fair Housing Actions / Analysis of Impediments

Identification of written assertion and objective

• List fair housing “actions” to be completed for each objective

• Determine time period for completion

• Identify Stakeholders to participate in “actions”

• Identify Resources to support fair housing “actions”

Examples: City of Boston, Civil Rights Commission and MA Department of

Housing and Community Development.

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Metropolitan Area Planning Council (MAPC)Regional Analysis of Impediments

• An Affirmative metro-wide/regional approach to Fair Housing Choice.

• Metro-wide/regional Fair Housing Plan that includes an analysis that identifies both State and Entitlement jurisdictional and regional impediments to fair housing choice and the appropriate actions to overcome them

• Regional Analysis of Impediments (Metro-Future and over 100 counties)

• More information to follow from MAPC.

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Current Trends – More Accountability for A.I. Analysis / Improved Oversight

Case Law UpdatesUnited States ex rel. Anti-discrimination Center v. Westchester County, 668 F. Supp. 2d

548, 563

Westchester County entitlement entity receives federal funding

Violated HUD’s Affirmatively Furthering Fair Housing Certification

August 10, 2009, Westchester County, Department of Justice (DOJ) and HUD entered into an agreement to increase the supply of affordable housing in the areas with the least racial diversity. The specific wording:

“broad and equitable distribution of affordable housing promotes sustainable and integrated residential patterns.”

Westchester County agreed revise its Analysis of Impediments to fair housing choice and take appropriate actions to overcome those impediments and the revised “AI” must be acceptable to HUD.

Westchester County did not comply with settlement terms – further actions to be determined by HUD and DOJ.

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Building Inclusive Sustainable Communities

MA State Department of Housing and Community Development

Fair Housing Choice Plan / Analysis of Impediment Process

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Thank You!

If you need help contact:

• Fair Housing Center of Greater Boston

• MA Department of Housing and Community Development

• Boston Civil Rights Commission