Purpose and Overview

Housing plays a significant role in determining a person’s quality of life, and where you live affects your access to:

Social, cultural and educational opportunities Employment, medical service, recreation and

entertainment opportunities

Today you will learn about:

Fair Housing Act City Departments’ federal obligations to promote fair

housing choice City’s AI and Fair Housing Plan

What is the Fair Housing Act?

The Fair Housing Act is Title VIII of the Civil Rights Act of 1968. Fair housing prohibits discrimination in housing concerning public and private policies, practices, and procedures against any of the following protected classes:

Race Color National Origin Religion Sex (Amended in 1974) Familial Status (Amended in 1988) Handicap / Disability (Amended in 1988)

Fair Housing Act

The Fair Housing Act prohibits the following actions in both private and public housing related activities :

Discrimination in the rental or sale of housing Discrimination in the terms, conditions, privileges, services or facilities of

housing Making, printing or publishing discriminatory advertisements Representing that housing is unavailable to a protected class when housing is

actually available

The Fair Housing Act not only prohibits discrimination but directs participating jurisdictions to take significant actions to overcome historic patters of segregation, achieve truly balanced and integrated living patterns, promote fair housing choice, and foster inclusive communities that are free from discrimination.

U.S. Supreme CourtDisparate Impact –

The Supreme Court Case Texas Department of Housing and Community Affairs v. The Inclusive Communities Project is testing whether or not the Fair Housing Act allows lawsuits based on disparate impact – that a law or policy has a discriminatory effect, even though the discrimination was not on purpose. Disparate impact means that an adverse effect of a practice or standard that is neutral and non-discriminatory in its intention but, nonetheless, disproportionally affects individuals belonging to a particular group (protected classes). There must be proof that the practice or standard has a substantial adverse impact on a protected group. The Supreme Court ruled 5-4 to uphold disparate impact.

Houston Equal Rights Ordinance (HERO)

HERO bans discrimination in businesses that serve the public, private employers, housing, city employment and city contracting.HCDD responsibilities: Study the nature and extent of discriminatory housing practices

in both the private and public sectors; Evaluate and assess the city’s activities in connection with the

development of fair housing opportunities; Recommend to the mayor and city council reasonable

provisions and programs to further housing opportunities in the city; and

Investigate, process and hear fair housing complaints referred by federal or state agencies filed under state or federal housing laws.

AFFH

On July 9th HUD released the final rule to Affirmatively Further Fair Housing (AFFH). According to the final rule, AFFH means that jurisdictions must:

• Take meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity

• Replace segregated living patterns with truly integrated and balanced living patterns

• Transform racially and ethnically concentrated areas of poverty into areas of opportunity

• Foster and maintain compliance with civil rights and fair housing laws

AFFH Actions

Examples of actions that AFFH:

Develop affordable housing and remove barriers to the development of affordable housing in areas of high opportunity

Enhance opportunity through targeted investment in neighborhood revitalization or stabilization

Preserve or rehab existing affordable housing Promote greater housing choice within or outside areas

of concentrated poverty and greater access to areas of high opportunity

Improve community assets such as quality of schools, employment, and transportation

Fair Housing Choice

Fair housing choice means that individuals and families have the information, options and protection to live where they choose without unlawful discrimination and other barriers related to protected class.

Existence of realistic housing options Housing that can be accessed without discrimination Availability and realistic access to sufficient

information regarding options so that any choice is informed

AFFH

Currently, in order to comply with AFFH and ensure housing choice the City must:

Conduct a fair housing analysis Taking appropriate actions to overcome the effects

of any impediment identified through that analysis Maintain records reflecting the analysis of actions

How do we do this?

What is the AI?

An Analysis of Impediments to Fair Housing Choice (AI)* is the City’s:

Review of problems that affect the rights of fair housing choice

Review of public and private policies, practices, and procedures that affect housing choice

Basis for fair housing planning which outlines the actions that the City expects to take to enhance fair housing choice

Remember: Barriers to fair housing choice are any actions, omissions, or restrictions that restrict, or have the effect of restricting, the availability of housing choices based on protected classes

*The AFFH Rule has replaced the AI with the Assessment of Fair Housing (AFH) which will be first conducted by 2019 in Houston.

2015 AI Data: HUD Fair Housing Complaints

There were 792 fair housing complaints filed and closed against respondents in the City of Houston between 2005 and 2013

The largest amount of complaints were based on racial discrimination (33%) and disability discrimination (33%)

Most issues identified in complaints were related to discrimination in rental housing

Residents can file discrimination complaints through 3 organizations: HUD, Greater Houston Fair Housing Center and Texas Workforce Commission

Source: HUD

2015 AI Data: Private Lending Statistics 2009-2013

Race and ethnicity of all home loan applicants Race: 4% were Black, 12% were Asian, 69% White Ethnicity: 13% Hispanic and 74% non-Hispanic

The most common reasons for denial of conventional home loans were Credit History and Debt-to-Income Ratio

The average annual denial rate was 12.6%

Denial rates for upper income applicants Black/African American: 18%, Asian: 8%, and White: 8% Hispanic: 13% and Non-Hispanic: 8%

Source: FFIEC Home Mortgage Disclosure Act Raw Data 2009-2013

2015 AI Data: Maps

2015 AI Data: Maps

2015 AI Data: Public Input

Spoke with approximately 425 Houstonians: Neighborhood and Stakeholder Discussion Groups Key Stakeholder Interviews Fair Housing Forum

Challenges to find and maintain housing: Lack of income Lack of city services Lack of amenities Lack of transportation Lack of financial education

Lack of accessible housing Lack of communications

between government and residents

Lack of knowledge of programs/fair housing

2015 AI Data: Public Input

Suggested ways the City can decrease discrimination: Train City staff and residents about fair housing Provide residents with more financial literacy assistance Improve quality of existing affordable housing Educate community about available affordable housing

programs Improve condition of the neighborhood infrastructure Develop more mixed-income housing Enforce the Fair Housing Law by holding violators accountable Engage citizens in City planning efforts Invest in activities to increase educational attainment

2015 AI Fair Housing Impediments

The Analysis of Impediments to Fair Housing Choice found the following impediments:

Discrimination in housing Lack of knowledge about fair housing Lack of affordable housing options Lack of accessible housing for persons with

disabilities Affordability Imbalanced distribution of amenities, services and

infrastructure between neighborhoods Lack of income / Lack of funding

2015 AI Fair Housing Impediments

Impediments continued…

Lack of financial education NIMBY resistance Lack of transportation options Low educational attainment among minorities Increased health hazard exposure in certain

neighborhoods Lack of communication between government and

residents Segregated housing patterns based on race,

ethnicity, and economic status

2015 AI Five Year Fair Housing Actions

Selected actions to overcome impediments:

Counsel 7,500 people through the City’s Landlord /Tenant Hotline

Provide fair housing education or outreach to 500,000 citizens

Provide fair housing education or training to 200 stakeholders that partner with HCDD

Monitor private lending data and HUD fair housing complaint data annually

Partner with other organizations or City Departments to promote fair housing education, financial literacy and HCDD programs

If you have questions or need to be advised on whether or not a policy or procedure could adversely impact fair housing choice please contact:

Mary ItzMary.Itz@houstontx.gov

AFFH

On July 9th HUD released the final rule to Affirmatively Further Fair Housing (AFFH). AFFH are actions taken to overcome the legacy of segregation, unequal treatment, and historic lack of access to opportunity in housing. The key components of the final rule are:

HUD provides data to program participants related to certain key fair housing issues

HUD reviews program participants’ assessments, prioritization, and goal setting

AFFH Better able to evaluate present environment to

assess fair housing issues: Issues like: Segregation Conditions that restrict fair housing choice for all

persons Disparities in access to housing and opportunity Promote housing that is structurally accessible to,

and usable by, all persons particularly persons with disabilities

Identify the factors that primarily contribute to the creation or perpetuation of fair housing issues

Establish fair housing priorities and goals.

We need your help to Affirmatively Further Fair Housing Choice

Distribute information at health clinics and multi-service center facilities

Citizen engagement when siting or changing programs and facilities

Accessibility at all facilities Policies and training for frontline staff in non-

discrimination based on protected classes Equal access to programs despite disability or

limited English proficiency Promote fair housing education by partnering with

HCDD and other area organizations