April 12, 2013

University of Maryland School of LawThe Fair Housing Act at 45: Actualizing the Duty to Affirmatively Further Fair Housing

• Analysis of Impediments• Comprehensive Zoning Ordinance• Qualified Allocation Plan• Building an AFFH Campaign

Sources HUD’s Fair

Housing Planning Guide

2007 Naperville, Illinois AI (APA award)

• Only one community forum held in New Orleans • AI was prepared by the state.

• No/little data or analysis of:• Concentration of affordable housing.• Housing, employment and income by race and disability.• Transit and jobs.• Homelessness.• Availability of land for multi-family housing.• Building and zoning codes.• Public sector practices.

• Insufficient description of impediments• Just 5 listed• Lack of affordable housing.• Loan denials and predatory lending for women

and minorities due to “lack of sufficient financial literacy.”

• NIMBYism.• Discrimination in rental market.

Percentage of households paying more than 30% of

income for rent

2000 Census 2006-2010 ACS

Total 43% 62%

White 38% 51%

Black 45% 68%

Hispanic 43% 59%

Asian 41% 46%

• Zoning• Inclusionary Zoning• Reasonable accommodations request

procedure• Higher density zoning• Zoning appeals procedure

• Other policies• Fair share agreements• Source of income non-discrimination ordinance• Housing mobility program• Housing trust fund

Sources Review of

locations of affordable housing

Review of 36 QAPs

Interviews with housing agencies

LIHTC projects in Louisiana are located near

poor-performing and low-income schools

LIHTC projects in Louisiana are located in high-poverty, low-

income, highly racially concentrated communities

1. Develop affordable housing development in high-opportunity areas

2. Development affordable housing development in revitalizing low-income communities

3. Create options for integrated and stable housing for people with disabilities

Fair Housing & Community Development have the same goals: opportunity for low-income families

Different approaches

Balance: both are important for choice and families’ different priorities

Fair housing: develop affordable housing in high-opportunity communities

Community development: create more opportunity in low-income communities by investing resources and developing/preserving affordable housing

1. Analyze the AI for weaknesses2. Consider potential legal strategies

• HUD complaint• False Claims Act• HUD’s Office of Fair Housing & Equal Opportunity cares

3. Determine goals• e.g., Inclusionary Zoning, LIHTC, etc.

4. Build a coalition• Fair housing advocates and affordable housing

developers and …

5. Walk the line• Affordable housing developers worry about city funds

6. Collaborate - city, state, partners