Affirmatively Furthering Fair Housing
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Transcript of Affirmatively Furthering Fair Housing
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