LEVERAGING HOUSING RESOURCES TO GENERATE ACCESS TO OPPORTUNITY
September 17, 2020 Hebron Erin Boggs, Esq.
OPEN COMMUNITIES ALLIANCE Embracing Diversity to Strengthen Connecticut
Open Communities Alliance is a Connecticut-based civil rights non-profit working with an urban-suburban interracial coalition to advocate for access to opportunity, particularly through promoting balanced affordable housing development, including in thriving communities. 2
CT IS ONE OF THE MOST SEGREGATED STATES IN THE NATION Shaped by multiple factors: -
Zoning
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Subsidized housing locations
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Limits on housing authority jurisdiction
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Disinvestment
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History of intentional segregating policies 3
LINK TO AFFORDABLE HOUSING ¡ G r e a t i n c o m e d i s p a r i t i e s by r a c e , a n d g ov e r n m e n t p o l i c i e s i n fl u e n c i n g w h e r e a f fo r d a b l e units go, mean that CT’s a f fo r d a b l e h o u s i n g c r i s i s i s a l s o a segregation crisis. ¡ C T h a s t h e 9 th h i g h e s t h o u s i n g wa g e i n t h e n a t i o n – A f a m i l y wo u l d h av e to wo r k 9 9 h o u r s a w e e k a t m i n i m u m wa g e to a f fo r d a t wo - b e d ro o m a p a r t m e n t .
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LONG TERM ANALYSIS OF MOBILIT Y: CHETT Y ET AL. Outcomes for children who moved before age 13: ¡ Greater chance of going to college, and a higher quality college ¡ 30% higher income ¡ Girls were 26% less likely to become single parents
We estimate that [a move] out of public housing to a low-poverty area when young (at age 8 on average) … will increase the child’s total lifetime earnings by about $302,000.
Second Chetty et al. study showed that the longer a child can be in a lower poverty area the greater the positive outcomes. 5
DOES THIS MEAN EVERYONE MUST MOVE? ¡ NO! § It means we must work to make every neighborhood an area of opportunity and every school high performing.
¡ BUT… § Some low income families want to stay to revitalize struggling communities - and they can do that currently – but must be provided strategically targeted resources. § Other low income families want to move to higher-resourced communities and they currently cannot.
¡ ALSO… § In poverty-concentrated areas, voluntary decreased poverty concentration = better neighborhood and educational outcomes.
The goal is to ensure low income families have choices. 6
HARNESSING HOUSING POLICY TO BRIDGE THE OPPORTUNITY GAP
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What areas of Connecticut are thriving? Struggling? How do these neighborhood assessments interact with race and ethnicity? Is the location of government subsidized housing allowing lower income families to connect to high performing school districts? 8
IMPACT ON OPPORTUNITY
Education Opportunity Score
Economic Opportunity Score
Housing/Neig hborhood Score
Final Opportunity Score (Map)
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WHERE DO WE LIVE? OPPORTUNIT Y BY RACE AND ETHNICIT Y IN CT
% of People by Race & Ethnicity Living in Lower Opportunity Areas Blacks: Latinos: Whites: Asians:
73% 73% 26% 36%
OPPORTUNIT Y DETAIL AND RACE
Very Low
Low
Moderate
High
Very High
White
9%
17%
22%
23%
29%
Black
52%
21%
13%
9%
5%
Asian
14%
21% state.
19%
20%
25%
Hispanic Latinx
50%
22%
12%
9%
7%
2% of the land area of the
WHAT DO FAMILIES WANT? Survey of 300 tenant-based voucher holders revealed:
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WHAT DO FAMILIES WANT? Families wanted to move because…
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WHAT DO FAMILIES WANT? Families who wanted to couldn’t move because…
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CHOICES ARE LIMITED BY THE LOCATION OF PHYSICAL UNITS OF SUBSIDIZED HOUSING
The Preservation List is the most comprehensive list of subsidized housing supported with federal and state funding that OCA is aware of. Unfortunately, even thought it includes over 83,000 units of housing, it is incomplete and, to the best of our knowledge, not regularly updated.
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PRESERVATION LIST BY OPPORTUNIT Y Higher opportunity areas make up 58% of the land area of the state.
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TENANT-BASED SUBSIDIES Rental Assistance Program
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STATE RENTAL ASSISTANCE PROGRAM
93% of state RAP program outside of higher opportunity areas. 86% of people using the federal government’s Section 8 live outside of higher opportunity areas.
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HOUSEHOLDS OF COLOR AND OPPORTUNIT Y HARTFORD AREA (EAST)
OPPORTUNIT Y ACCESS AND SUBSIDIZED HOUSING
WHERE WE ARE TODAY
Town Hebron
Total Units
% Multifamily
% Affordable
% Subsidized
3564
2%
3%
2%
Glastonbury
13499
14%
6%
4%
Marlborough
2225
8%
2%
1%
Columbia
2210
4%
4%
1%
Coventry
5112
5%
5%
2%
Bolton
1915
6%
1%
0%
Colchester
6464
13%
9%
6%
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CT INCREASING RACIAL/ETHNIC DIVERSIT Y CT Population by Race/Ethnicity 2000 to 2030
2000
Orlando J. Rodriguez, 30March2016
2010
2020
Glastonbury's Demographic Future
2030
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SEGREGATION IS NOT ACCIDENTAL
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REDLINING 1930S-60S
New Haven region map – 1937
Redlining 1937: Federal officials and local lenders rated mortgage risk on neighborhood race, ethnicity & social class to assess lending risk. D5
Source: Mapping Inequality, https://dsl.richmond.edu/panorama/redlining/#loc= 5/39.1/-94.58
RACIAL BARRIERS WITH GOVERNMENT SUPPORT, 1930S-60S Redlining 1937: Federal officials and local lenders rated mortgage risk on neighborhood race, ethnicity & social class Explore map and read chapter
West Hartford - Hartford map
REDLINING: AREA D5 NEW HAVEN
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RACIAL COVENANTS ¡ The Supreme Court finally held that State courts could not enforce racial covenants under the 14 th Amendment’s Equal Protection Clause in the Shelley v. Kraemer case in 1948.
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THE ROLE OF ZONING Euclid v. Ambler Realty Co. In 1926 the U.S. Supreme Court endorsed local zoning power to design zoning schemes that designated zones for certain types of buildings and dictated restrictions on lot and building sizes. The court upheld a municipality’s right to use zoning to block multifamily development.
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ZONING AND RACE
Source: Hall, Eliza, Divide and Sprawl, Decline and Fall: A Comparative Critique of Euclidian Zoning, pg. 923, University of Pittsburg Law Review (2007). Available at http://lawreview.law.pitt.edu/issues/68/68.4/Hall.pdf.
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The core argument of [The Color of Law] is that African Americans were unconstitutionally denied the means and the right to integration in middle-class neighborhoods, and because this denial was statesponsored, the nation is obligated to remedy it. - Richard Rothstein
INCOME & WEALTH DISPARITIES ยก Blacks and Latinos earn, o n av e r a g e , half or less of w h a t w h i te s earn and, prior to t h e h o u s i n g crisis, had a 10% or less of the wealth. ยก This wealth disparity is p ro j e c te d to w i d e n to P O C h av i n g o n l y 1 % of the wealth t h a t w h i te s h av e .
Forbes, September 2017, available at https://www.forbes.com/sites/niall mccarthy/2017/09/14/racialwealth-inequality-in-the-u-s-isrampantinfographic/#1baff41734e8.
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BUSTING MY THS: CASE STUDY – MT. LAUREL, NJ ¡ For comparison: § Median income Mt. Laurel = $93,000 § Median income Hebron = $102,000 (Hartford= $34,000)
¡ Ethel Lawrence Homes – 140 units of 100% af fordable units completed in 2001 .
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BUSTING MY THS: CASE STUDY – MT. LAUREL, NJ ¡ A s s e s s e d by P ro fe s s o r D o u g l a s M a s s ey o f P r i n c e to n w h o fo u n d : § “87 percent of…residents reported access to a car and no greater difficulty accessing goods, services, or work sites.” § “Welfare use was reduced by 67 percent, employment rose by 22 percent, and income increased by 25 percent.” § “We compared trends in home values, crime rates, and tax assessments in Mount Laurel before and after 2001 with a matched set of nearby townships and found no statistical differences. Even neighborhoods immediately adjacent to the development experienced no apparent effects on property values.”
§
The most common source of income for residents in affordable housing is employment, particularly: food service/cook, retail/sales, administrative/clerical, healthcare (nurses, healthcare aides, dental assistants), housekeeping, construction, customer service, and education/teacher. 36
HOW DO WE UNWIND SEGREGATION?
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TWO WAY STREET SOLUTION: (1) ENSURE CHOICES IN AFFORDABLE HOUSING LOCATION AND (2) INVEST IN STRUGGLING COMMUNITIES 38
REAL SOLUTIONS FOR ADDRESS HOUSING SEGREGATION S t a r t i n g Po i n t - S u p p o r t a R a c i a l l y C o n s c i o u s C OV I D - 1 9 Re s p o n s e . P r ev e n t a n ev i c t i o n a n d fo r e c l o s u r e t s u n a m i , e n s u r e a p p ro p r i a te te s t i n g a n d p rote c t i v e e q u i p m e n t , p a r t i c u l a r l y i n h a r d h i t B l a c k a n d L a t i n x c o m m u n i t i e s , a n d p r i o r i t i z e t h e p rov i s i o n o f p u b l i c e d u c a t i o n i n a m a n n e r t h a t i s e q u i t a b l e , e n s u r i n g ev e r y d i s t r i c t a n d ev e r y s t u d e n t h a s t h e r e s o u r c e s n e c e s s a r y to m e e t s t u d e n t s ’ n e e d s w h i l e n ot e n d a n g e r i n g s t u d e n t s o r te a c h e r s .
( 1 ) C R E AT E A M E A N I N G F U L S TAT E A F F I R M AT I V E LY F U R T H E R I N G FA I R H O U S I N G O B L I G AT I O N I N C LU D I N G : ¡ FA I R S H A R E O B L I G AT I O N & E V E N P L AY I N G Z O N I N G P L AY I N G F I E L D : E nv i s i o n i n g a p l a n fo r ev e r y tow n i n t h e s t a te to t a ke o n i t s f a i r s h a r e o f a f fo r d a b l e h o u s i n g a n d t h e e l i m i n a t i o n o f exc l u s i o n a r y z o n i n g p o l i c i e s . ¡ B A L A N C E : B r i n g i n g b a l a n c e to t h e l o c a t i o n o f h a r d u n i t s o f g ov e r n m e n t- s u p p o r te d h o u s i n g ( L I H TC , C H A M P, ot h e r f u n d i n g ) ¡ DATA : Re q u i r i n g t h e c o l l e c t i o n a n d a n a l y s i s o f a p p ro p r i a te d a t a to m e a s u r e p ro g r e s s . ( L e g i s l a t i v e p ro p o s a l s , d a t a d e fi c i t s r e p o r t ) ¡ E X PA N D A N D E N FO RC E T H E S TAT E A F F H L AW: T h e c u r r e n t A F F H l a w i s n o t v e r y s p e c i fi c a n d a p p l i e s to o n l y t wo a g e n c i e s . T h i s s h o u l d b e ex p a n d e d a n d m a d e e n fo r c e a b l e . 39
REAL SOLUTIONS FOR ADDRESS HOUSING SEGREGATION (2) INVEST IN LOWER-RESOURCED COMMUNITIES: These investments should include supporting proven strategies to ยก Promote economic and community development, ยก Equitable school funding that recognizes disparate needs across communities, ยก Equalize property tax burdens across the state, and ยก Promote small and "minority" businesses to equitably revitalize communities.
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REAL SOLUTIONS FOR ADDRESS HOUSING SEGREGATION ( 3 ) PA S S A VO U C H E R M O B I L I T Y PAC K AG E I N C L U D I N G : ¡ E X PA N D E D H O U S I N G AU T H O R I T Y J U R I S D I C T I O N : S o m e o f t h e s t a t e ’ s m o s t r e s p e c t e d af fordable housing developers, housing authorities, are restricted to their town of origin. Allow housing authorities to operate within 15 miles of their hometown will allow them to contribute to meeting the state’s af fordable housing and segregation crises. ¡ A D O P T M A R K E T- B A S E D VO U C H E R VA L U E S : Fo r d e c a d e s , t h e v a l u e o f h o u s i n g v o u c h e r s h a v e b e e n s e t i n a m a n n e r t h a t h a s n o c o n n e c t i o n t o l o c a l m a r ke t s . A t w o - b e d r o o m i n H a r t f o r d i s v a l u e d t h e s a m e a s a t w o - b e d r o o m i n G l a s t o n b u r y. N o w, d u e t o a s u c c e s s f u l O C A 2 01 8 l a w s u i t a g a i n s t H U D , v o u c h e r s a r e s e t a t a v a l u e t h a t r e f l e c t s l o c a l m a r ke t s i n 24 a r e a s a c r o s s t h e c o u n t r y, i n c l u d i n g H a r t f o r d – b u t n o t t h e r e s t o f t h e s t a t e . T h i s needs to be changed. ¡ E X PA N D T H E S TAT E ’ S M O B I L I T Y C O U N S E L I N G P R O G R A M : T h e s t a t e h a s j u s t r e l a u n c h e d o n a pilot basis a counseling program with a proven track record in other states for helping i n t e r e s t e d v o u c h e r f a m i l i e s l e a r n a b o u t h i g h r e s o u r c e c o m m u n i t i e s t h e y m ay n o t h a v e previously considered. This program needs be expanded to the whole state. ¡ S U P P O R T S P E C I A L I Z E D VO U C H E R S : To c o u n t e r a c t t h e d e e p s e g r e g a t i o n i n h o u s i n g voucher programs, the state should create two programs using vouchers to access higher opportunity communities – one dedicated to families with children already accessing s c h o o l d e s e g r e g a t i o n p r o g r a m s t o c o m m u t e t o s u b u r b a n s c h o o l s w h o w o u l d l i ke t o m o v e t o s u c h c o m m u n i t i e s a n d o n e f o r f a m i l i e s f a c i n g e nv i r o n m e n t a l l y t r i g g e r e d h e a l t h i s s u e s i n d i s i nv e s t e d c o m m u n i t i e s .
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PROTECTIONS AGAINST DISCRIMINATION AND SEGREGATION Federal Fair Housing Act
Types of Claims
¡ Ra c e —b la c k or w hite § Intentional discrimination ¡ Color —sk in tone § Disparate impact/perpetuation of ¡ Na t iona l Or igin—c ou nt r y of a n segregation ind ivid u a l’ s or igin or t he c ou nt r y f rom w hic h t h e ind ivid u a l’ s a nc e stor s c a me § A failure to affirmatively further fair housing ¡ Re ligion —L imit a t ion b a se d on r e ligiou s for recipients of certain grant funding (APA or sp ir it u a l b e lie f s claim) ¡ S ex —ge nd e r (r e c e nt ly b e ing a p p lie d to sex u a l or ie n t a t ion too) ¡ H a nd ic a p /d isa b ilit y ¡ Fa milia l St a t u s—p r e se nc e of c hild r e n u nd e r 1 8; p r e gna nc y; p e r sons in t he CT Constitution Article First, Sec. 20 p roc e ss of get t ing le ga l c u stod y
CT State Fair Housing Act Additional Protections
§ Gender Identity or Expression § Lawful Source of Income § Age (except minors)
No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his civil or political rights because of religion, race, color, ancestry or national origin.
WHAT CAN YOU DO IN YOUR TOWN Spectrum – Entry level to advanced ¡ LEVEL 1: Educate Yourself and Friends § Book Club: § § § § §
Color of Law, Richard Rothstein Race for Profit, Keeanga-Yamahtta Taylor American Apartheid, Douglas Massey and Nancy Denton Warmth of Other Suns, Isabel Wilkerson Other ideas available at:
§ Educate Yourself: § Check out: https://www.ctoca.org/become_an_advocate.
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WHAT CAN YOU DO IN YOUR TOWN ¡ LEVEL 2: Educate Your Community § Speaker Series: Identify “trigger” issues in your town through smallscale conversations and develop a speaker series to explore each one that is frequently mentioned. Often, they are based on myths or halftruths that need to be untangled. Examples include: § Affordable housing disadvantage. § Affordable housing § Affordable housing § Affordable housing § Affordable housing
will ruin our schools and put my child at a is ugly. will destroy our property values. will increase crime rates. will mean my taxes will go up.
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WHAT CAN YOU DO IN YOUR TOWN ¡ LEVEL 3: Assess Your Town § Learn Your Stats § § § § §
Racial demographics Internal segregation/school district segregation Opportunity analysis Where is subsidized housing More?
§ Review Your Local Zoning § Central Question: Where is multifamily housing of 30 units or more allowed in town with or without a special permit? § What extra requirements are imposed on multifamily (3+ units) housing? § Where can duplexes go? § What are the rules for subdividing your property? 45
WHAT CAN YOU DO IN YOUR TOWN ¡ LEVEL 3: Assess Your Town, cont. § Review your Plan of Conservation and Development § Review your town’s performance on police stops of people of color (see resources available through the Racial Profiling Prohibition Project, http://www.ctrp3.org) § Assess the accessibility of town services and benefits – is the soccer league open to children from other towns? Are town lakes and swimming pools open to all?
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WHAT CAN YOU DO IN YOUR TOWN ¡ L ev e l 4 : Ta ke A c t i o n § Conduct focus groups to assess residents’ attitude towards diversity and affordable housing (the results can be surprising). § Conduct focus groups of residents of color (particularly Black and Latinx residents to better understand their experiences in town) – must be done sensitively and with a diverse and culturally competent team. § Advocate for changes to zoning (to accommodate your town’s fair share!) or the Plan of Conservation and Development § Identify land in areas of town that have a dearth of af fordable housing (work with Open Communities Trust!). § Recruit Housing Choice Voucher families through local housing authorities. § Make af fordable housing an election issue. § Advocate for changes at the state level. § Join OCA’s Coalition – Next Meeting – August 25 th @ 6:00 § Join other upcoming events – Creating a Home for Everyone: How can Realtors® promote integration?"– August 27 th @ 10 am 47
SMALL AREA FAIR MARKET RENTS Low caps on allowable rent is a major cause of segregation in the HCV program. The Trump administration froze a increase in higher opportunity areas required by regulation. OCA successfully challenged this in Open Communities Alliance v. Carson. SAFMR are not implemented in the Hartford area. Sample Monthly Rent Increases under SAFMR:
• • • •
South Glastonbury: $442 Parts of Farmington: $158 Avon: $248 Mansfield Center: $352
With advocacy, SAFMRs could be implemented statewide. 48
Maps provided courtesy of Professor Stefanie Deluca of Johns Hopkins University.
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8 years later
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Erin Boggs, Esq. Executive Director Open Communities Alliance 75 Charter Oak Avenue Suite 1-210 Hartford, CT 06106 Tel. 860.610-6040 eboggs@ctoca.org Check us out and join the coalition at: http://www.ctoca.org
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