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Affirmatively Furthering Fair Housing

Case Study on Collaboration: New Orleans. Affirmatively Furthering Fair Housing. University of Maryland School of Law The Fair Housing Act at 45: Actualizing the Duty to Affirmatively Further Fair Housing. April 12, 2013. Outline. Analysis of Impediments Comprehensive Zoning Ordinance

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Affirmatively Furthering Fair Housing

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  1. Case Study on Collaboration: New Orleans Affirmatively Furthering Fair Housing University of Maryland School of Law The Fair Housing Act at 45: Actualizing the Duty to Affirmatively Further Fair Housing April 12, 2013

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

  3. New Orleans’ Analysis of Impediments Sources • HUD’s Fair Housing Planning Guide • 2007 Naperville, Illinois AI (APA award)

  4. AI: Preparation

  5. AI: Necessary Data

  6. AI: Problems with New Orleans’ • 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.

  7. AI: Problems with New Orleans’ (cont.) • 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.

  8. AI: Impediments

  9. AI: Impediments (cont.)

  10. New AI: Successes and Challenges

  11. New Orleans’ Comprehensive Zoning Ordinance

  12. CZO: Actions to Overcome Impediments • 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

  13. Louisiana’s Qualified Allocation Plan Sources • Review of locations of affordable housing • Review of 36 QAPs • Interviews with housing agencies

  14. QAP: The Problem LIHTC projects in Louisiana are located near poor-performing and low-income schools

  15. QAP: The Problem (cont.) LIHTC projects in Louisiana are located in high-poverty, low-income, highly racially concentrated communities

  16. QAP: AFFH Goals • Develop affordable housing development in high-opportunity areas • Development affordable housing development in revitalizinglow-income communities • Create options for integrated and stable housing for people with disabilities

  17. QAP: Resolving Tensions 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

  18. Building an AFFH Campaign • Analyze the AI for weaknesses • Consider potential legal strategies • HUD complaint • False Claims Act • HUD’s Office of Fair Housing & Equal Opportunity cares • Determine goals • e.g., Inclusionary Zoning, LIHTC, etc. • Build a coalition • Fair housing advocates and affordable housing developers and … • Walk the line • Affordable housing developers worry about city funds • Collaborate - city, state, partners

  19. Thank you

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