Tag Archives: affirmatively furthering fair housing

Reform land use, promote shared growth of new housing

– San Francisco Chronicle  http://www.sfchronicle.com/opinion/openforum/article/Reform-land-use-promote-shared-growth-of-new-9283703.php

By Jason Furman | September 25, 2016 | Updated: September 25, 2016 8:34pm

housing-constructionpicturePhoto: Michael Macor, The Chronicle

When certain government policies — like minimum lot sizes, off-street parking requirements, height limits, prohibitions on multifamily housing, or unnecessarily lengthy permitting processes — restrict the supply of housing, fewer units are available and the price rises.

It is no secret that cities like San Francisco, New York and Washington, D.C., face challenges in the availability and cost of housing. But policymakers and economists have increasingly recognized both the role that certain inappropriate land use restrictions play in raising housing costs — not just in major cities but across the country — and the opportunity for modernizing these regulations to promote shared growth.

Basic economic theory predicts that when the supply of a good is constrained, its price rises and the quantity available falls. In this respect, the market for housing is no different: When certain government policies — like minimum lot sizes, off-street parking requirements, height limits, prohibitions on multifamily housing, or unnecessarily lengthy permitting processes — restrict the supply of housing, fewer units are available and the price rises. On the other hand, more efficient policies can promote availability and affordability of housing, regional economic development, transportation options and socioeconomic diversity.

Research suggests that local barriers have become more restrictive in recent decades. One way to measure this is comparing the sale price of houses with construction costs. This gap typically reflects the cost of buying land — which increases with tighter land use restrictions. Indeed, the gap has increased in the past two decades: House prices from 2010 to 2013 were 56 percent higher than construction costs, a 23 percentage-point crease over the average gap during the 1990s.

Of course, many land use regulations can have benefits for communities. Environmental reasons in some localities may make it appropriate to limit high-density or multiuse development. Similarly, health and safety concerns — such as an area’s air traffic patterns, viability of its water supply, or its geologic stability — may merit height and lot size restrictions.

But in other cases, barriers to housing development can allow a small number of individuals to enjoy the benefits of living in a community while excluding many others, limiting diversity and economic mobility.

This upward pressure on house prices may also undermine the market forces that typically determine patterns of housing construction, leading to mismatches between household needs and available housing.

Improving land use policies can also create benefits for the U.S. economy as a whole. High- productivity cities offer higher-income jobs than low-productivity cities and often attract workers who move from other cities, naturally bringing more resources to productive areas of the country. But when unnecessary barriers restrict the supply of housing and costs increase, then workers — particularly lower-income workers who would benefit the most — are less able to move.

All told, this means slower economic growth: Some researchers have estimated that GDP could have been almost 10 percent higher in 2009 if workers and capital freely moved so that the distribution of wages across cities was the same as in 1964.

On the other hand, smarter land use and housing policy can promote both growth and equity. While most land use policies are appropriately made at the state and local level, the federal government can also play a role in encouraging smart land use regulations. Today, the Obama administration is releasing a new toolkit at http://bit.ly/2d4dVAc that highlights best practices that localities have employed — including streamlining permitting processes, eliminating off-street parking requirements, reducing minimum lot sizes, and enacting high-density and multifamily zoning policies — to reduce overly burdensome land use restrictions and promote mobility and economic growth.

Reforming land use policies can have important benefits for local residents and the nation as a whole, not only raising economic growth, but ensuring that its benefits are widely shared among all Americans.

Jason Furman is the chairman of the White House Council of Economic Advisers.

New HUD AFFH rule – the Good & Some Devils in Details

Okay dear readers, this is a wonky article but for those of you interested in HUD’s Affirmatively Furthering Fair Housing rule it is a good read. (Ted Wimpey)

The Devils in the Details: Key Issues in Implementing the New AFFH Rule

 by Dan Immergluck and Mindy Kao Rooflines post on July 5, 2016

“For most of the Fair Housing Act’s history, its requirement to “Affirmatively Further Fair Housing” has been largely dormant. With the advent of the new AFFH rules in July 2015, however, there is some promise that this provision might be taken more seriously.”

http://tinyurl.com/AFFH-rule-FHA-DetailDevils  Link to ROOFLINES, the Shelterforce Blog,

 

 

Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs

I am sharing here in full an article about a U.S. Ninth Circuit Court of Appeals decision with significant fair housing and Affirmatively Furthering Fair Housing import for planning, zoning and permitting of residential housing development that was published April 28, 2016  in the legal issue blog site, “Manatt.” Especially check out the three basic “Practice Pointers” at the end of the article for the main take away.

https://www.manatt.com/real-estate-and-land-use/Landmark-Discrimination-Case-Fair-Housing-Act-Thwarts.aspx —-

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Real Estate and Land Use

Apr 28, 2016
Landmark Discrimination Case: Fair Housing Act Thwarts NIMBYs

Avenue 6E Investments, LLC v. City of Yuma (March 25, 2016)

Author: Michael M. Berger

Why It Matters: The Ninth Circuit Court of Appeals reversed a decision in favor of the City of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the City had rejected the developer’s application for an increase in zoning density for reasons of barely disguised animus toward the expected residents of the new development. The Court held that issues of disparate treatment and disparate impact under both the 14th Amendment’s Equal Protection Clause and the federal Fair Housing Act needed to be tried.

Facts: The plaintiffs/developers acquired 42 acres of undeveloped land with the intent of building a “moderately priced” housing project. They are known in the area as a developer of Hispanic neighborhoods. Although the General Plan allowed for homes on either 6,000- or 8,000-square-foot lots, a prior owner had it zoned for 8,000-square-foot lots. Unfortunately, the economy would no longer support lots of that size and the developers sought a rezoning to the smaller size which in turn would allow increased density. The City had done some studies, concluding that its population was racially divided, with most of the low-to-moderate-income housing in the areas populated by Hispanics. These developers wanted to develop their housing on the border of a predominantly white area.

The City’s General Plan acknowledged that racial segregation is wrong and that large-lot zoning raises housing costs and impairs the ability of the City to provide housing for moderate-income buyers. The Planning Commission approved the rezoning to smaller lots and recommended that the City Council do so as well. The City Council, however, was besieged with NIMBY complaints and thinly veiled anti-Hispanic charges, complaining that these particular developers were known to “cater to” the people responsible for the vast majority of major crimes.

Two other facts had some import. First, there were similarly priced and modelled homes available elsewhere in Yuma, a fact that the City thought absolved it of any claims of disparate impact. Second, a fact that proved difficult for the City to impress on the Court was that, in the preceding three years, this was the only rezoning request that had been rejected out of 76 applications.

The developers filed suit under the federal Civil Rights Act, 42 U.S.C. § 1983, for violation of the Equal Protection guarantee, as well as for disparate impact and treatment under the Fair Housing Act. The trial court entered summary judgment for the City on the sole ground that the adequate supply of similar housing elsewhere in the City automatically foreclosed any finding of disparate impact.

The Decision: The Court of Appeals reversed. When the opinion began with a paean to the Fair Housing Act and the way it “strikes at the heart of the persistent racism that so deeply troubles our Nation,” something that the provision of more affordable housing can help to cure, it was apparent that the conclusion was foregone: judgment reversed.

The Court of Appeals was unable to disregard the bright light of the fact that out of 76 applications, the only time the City had denied a zone change in the past three years was this one. There could be no explanation for the denial other than racism, particularly in light of some of the communications made by neighbors to the City Council about the presumed criminal proclivities of the anticipated residents of the new development. Nor would the Court have anything to do with the trial court’s idea that the presence of similar developments elsewhere in Yuma obviated the problem. Indeed, it merely emphasized the fact that the City was racially divided and at least some of its residents wanted things to remain that way.

There appeared to be no principled opposition to the requested zone change. As the Court of Appeals put it, the record was replete with “code words” and “veiled references” for the Hispanic influx that the neighbors anticipated, turning the development into a “low-cost, high-crime neighborhood.” The case had no chance on appeal.

Practice Pointers:

  • Neighbors frequently oppose projects in their neighborhoods that are intended to be occupied by lower-income families. Local governments often bow to this political pressure. This decision may well serve to justify these projects, even in the face of neighbor opposition.
  • Language similar to the “code words” used by neighbors in this case is common among project opponents opposing higher-density projects. Local agencies need to be mindful of the exposure that this kind of language may impose if the projects are disapproved by the local agency.
  • At the very least, local agencies need to include sufficient data and facts in the record to support their decision as not being based on discriminatory rhetoric.

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.

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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.

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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.

With sadness – but with some hopefulness

Alas dear friends, December 31, will be the last official day of work at the FHP/Thriving Communities campaign for the wonderfully talented, informative, and entertaining Blogger and journalistic seeker of truth, Tim Johnson. Tim is one of a kind and is an irreplaceable human resource. We offer Tim our deepest felt thanks and all best wishes. Of course Tim will be missed greatly, both his personal presence in our office and his many professional  contributions to the cause of promoting Thriving Inclusive Communities in Vermont and as far and wide as our campaign is reaching beyond the state.

Our loss of funding from HUD, compounded by no forthcoming funding commitment from the Vermont Department of Housing and Community Development, is forcing CVOEO to eliminate not only Tim’s position but to substantially reduce the funded hours for my position as director at the Fair Housing Project. However, all is by no means gloom for the New Year ahead!

The hopeful part comes from the following:

  • The Thriving Communities: Building a Vibrant Inclusive Vermont campaign will continue with current, and perhaps new partner organization in the future!
  • The Fair Housing Project of CVOEO, lead organization for the Campaign will continue albeit with reduced staffing/capacity.
  • We are receiving some private and organizational contributions to the project budget and continue to welcome such generosity.
  • More people continue to be interested and involved in our Campaign’s variety of social media outreach and we will build upon that.
  • We will be planning and working toward another successful art and education oriented celebration of April – Fair Housing Month in 2016.

What you can do to help continue to build our campaign:

  • Read, write comments, and engage in discussion on this Blog page.
  • Write a guest blog for us to post!
  • Contribute money to the Campaign and suggest possible foundation or other sources of funding for us to pursue.
  • Get involved in every way possible helping promote inclusive, thriving communities, affordable housing and funding/public policies that make more affordable and better located housing possible.

Finally – HAPPY HOLIDAYS ALL!

 

Daunting affordability gaps

Here’s a seat-of-the-pants calculation that shows one dimension of Burlington’s (and Vermont’s) affordability problem for renters:

According to Vermont Housing Data, Burlington has 9,596 rental units. Of the households living in them, 61 percent are paying more than 30 percent of their income for housing — the standard threshold of unaffordability. By that standard, 5,853 rental units in Burlington are unaffordable to the people who live in them.

Lake Champlain Burlington, Vermont.

(The same source reports Vermont’s rental units at 69,581. More than half the households in those units – 52.5 percent – are paying more than 30 percent. That puts the state’s unaffordable rental units at 36,530.)

Those are just the figures for the standard housing burden. In Burlington, 35.7 percent of renters are severely burdened, paying more than 50 percent of their income on housing. That works out to 3,426 rental units that, for them, are severely unaffordable (and 18,369 such units statewide).

These are unsettling numbers, and of course there’s no easy remedy or policy panacea (although doubling public funding for affordable housing and raising the minimum wage to $15 would probably help).

Inclusionary zoning – which requires a specified percentage of units in new developments to be affordable – is among the policies that can be brought to bear. For a thorough, thoughtful treatment of the subject by Rick Jacobus, a Burlington alum, click here. He points out, among other things, that “inclusionary housing is one of the few proven strategies for locating affordable housing in asset-rich neighborhoods where residents are likely to benefit from access to quality schools, public services and better jobs.” In other words, it’s fully in keeping with the renewed national emphasis on affirmatively furthering fair housing.

He also writes that “inclusionary housing has yet to reach its full potential.” That’s an understatement in Vermont — one of 13 states that has statutes authorizing inclusionary policies that virtually no municipality except Burlington has taken advantage of – and in Burlington itself, where an inclusionary ordinance has been on the books for 25 years. Over that period, the policy has resulted in only about 260 affordable units (many of them condos).

That relatively low number reflects, in part, a lag in Burlington housing development in comparison to the rest of the county. What accounts for that, and is there any way the city’s inclusionary policy could be tweaked to make it more effective? Answers to these and other questions may be a year away. The Housing Action Plan calls for hiring a consultant to review the city’s inclusionary policy and make recommendations by next fall.

Housing notes from all over

shippingcontainers1

  • Before you dismiss the idea that shipping containers can be used for housing, consider this student-housing complex in Amsterdam, as described by The Guardian. Can you imagine something like this on the northwest corner of Burlington’s Main Street/S. Winooski intersection, which has been suggested as a possible site for privately developed UVM student housing?

 

  • The City Council in Portland, Ore., where a “housing emergency” has been declared and where rents have risen more than 20 percent over five years, boosted the city’s affordable housing fund by $64 million. The money comes from a property-tax set-aside, and the council is looking for more revenue sources.  Portlandcoliseum And one of the councilors has lofted an idea that some other cities beset by under-used mega-athletic complexes might want to seize upon: sell the Portland Coliseum for to a developer who will put affordable housing in its place.

 

 

 

  • As we’ve noted before, the nationwide initiative to affirmatively further fair housing calls for affordable housing development (at least a good share of it) in low-poverty, “high-opportunity” areas. A country club would seem to fit that description, at least generically. So we were interested to learn that the Planning Board in Mahwah, N.J., recently approved the redevelopment of a country club there for affordable housing.

mahwahclub

Before you get too excited, though, you should know about the downside: Much of the land is contaminated from years of pesticide spraying, and the cost of remediation (which includes removal of hundreds of trees) contributed to a reduction in development’s affordable capacity: down from 350 multi-family units to less than 100 single family homes.

  • Uber will deliver $1 million to Oakland’s affordable housing fund for the privilege of turning a former Sears building into an office space. oaklanduberThe deal was prompted partly by fears that Uber’s corporate arrival, with an anticipated 3,000 employees, would lead to gentrification and even higher housing prices.

 

  • Attention, City Market, Hunger Mountain, et al: A food co-op in affordability-challenged Asheville, N.C., is contemplating adding affordable housing to its expansion plans, which also (and less intriguingly) include enlarging its existing store, parking lot and office space. ashevillecoop

 

 

 

 

  • Speaking of parking, the Berkeley City Council has voted to target underused parking-lot space for affordable housing development. Berkeleyparkinglot2 Council members were reminded at the meeting that the average cost of a 1 bed-room apartment is $1,400 a month, and that’s under rent control! The average cost of an apartment not under rent control? $3,256 a month.

Segregation back on the table

Here are a couple of readings that expand on some of our previous posts on the inexorable AFFH theme:

littlerock9

Segregation 101” takes off from an August Times story on Section 8 (that is, racial) discrimination in metropolitan St. Louis. One obstacle to locating more Section 8 voucher holders in middle-class suburbs, the story notes, is a relative lack of rental apartments in such suburbs — in part because of zoning practices that favor single-family homes.

Segregation Conversation Goes National” offers another rebuttal to the controversial Edsall op-ed and advocates a dual approach to the housing affordability crisis: investing in poor neighborhoods and, on one hand, and settling more poor people in “opportunity-rich” middle-class neighborhoods, on the other. (That seems to be the strategy that Justice Kennedy implicitly endorsed in his disparate impact decision, as we noted previously.)

There’s also a reference to a regional program in Chicago that helps disperse urban Section 8-holders to outlying suburbs. (For an account in The Atlantic, click here.) Elements of that might translate well to Vermont, where the Section 8 program outside of Burlington and several other cities, is already administered by a “regional” agency (Vermont State Housing Authority) that covers the rest of the state.

Meanwhile, the Times lands another editorial today another segregation motif — racial discrimination by real estate agents around the country.

 

Once more, with feeling

 

It’s not every day that we can praise the New York Times editorial board for following in Thriving Communities’ wake. Saturday’s editorial, which borrows its headline, “The Architecture of Segregation,” from a study we posted about last month. The editorial, while noting this two summer’s “positive” developments – the Supreme Court’s disparate impact decision and HUD’s AFFH rule – rightly takes federal officials to task for failing, over many years, to enforce the Fair Housing Act. And the editorial invokes Walter Mondale’s comments at the HUD conference last week about how the act’s intent is “not fulfilled” by exclusionary land-use planning.

Sunflower on fence

While government deserves a good share of the blame for the present state of residential racial segregation, there are those in the community of fair housing advocates who contend that the real estate industry has been at fault, too. How else to account for the fact that upper-middle-income black families don’t have comparable access to the neighborhoods where their upper-middle-income white family peers live.

Indeed, one factor that may have contributed to segregated patterns is the choice of many whites to opt out of integrated communities, as Stacy Seicshnaydre pointed out in a law journal article last year, “The Fair Housing Choice Myth.” And one way to address that, Seicshnaydre argued, is to defund exclusion — as application of the AFFH rule promises to do, at least in theory.

Meanwhile, HUD conferees were reminded last week, redlining is still with us, and new cases are in the pipeline.