Affirmatively Further Fair Housing: Beyond The Rule
HUD Notices Jan. 5, 2018 May 23, 2018 Aug.16, 2018 Suspension of AFH until 2020 (minimum) 1. Withdrawal of Suspension 2. Withdrawal of Assessment Tool 3. Responsibility to AFFH Advance Notice of Proposed Rulemaking (ANPR)
HUD Notice January 5, 2018 Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants
HUD Notice Posted January 5, 2018 Effective Friday, Jan 5, 2018. 83 FR 683 https://www.regulations.gov/document?d=hud -2018-0001-0001 Extends the deadline for AFH submission to the next deadline after October 31, 2020. Program participants still obligated to AFFH. In the meantime, submit an AI.
HUD Notice AFH Due Consolidated Plan Due Next AFH Due January, 2020 October, 2020 January, 2025
HUD Notice Given reasons for extension: Review of first 49 AFH submissions 35% initially non-accepted. Lack of meaningful goals (metrics, milestones). Collaborations weren t efficient. Additional need for TA.
HUD Notice To view comments: Regulations.gov Search for: HUD-2018-0001 (Docket ID) Scroll down Click View All
HUD Notice Organizations supporting the notice: National Community Development Association HUD should limit legal liability. Improve AFH review at HUD. AFFH Rule requires actions beyond the scope of CPD programs. Public Housing Authorities Directors Association Administrative burden. Not enough TA. Data and Mapping Tool are problematic.
HUD Notice Organizations opposing the notice: UnidosUS Law Foundation of Silicon Valley Jewish Alliance for Law and Social Action Citizens Housing and Planning Association (CHAPA) Public Law Center (PLC) Denver Metro Fair Housing Center Chicago Area Fair Housing Alliance Fair Housing Center of West Michigan Housing Equality Law Project Los Angeles Housing and Community Investment Department Long Island Housing Services, Inc. Jewish Alliance for Law & Social Action National Law Center on Homelessness & Poverty California Department of Justice Civil Rights Enforcement Section Connecticut Fair Housing Center The Kennedy Commission
HUD Notice Organizations opposing the notice: Fair Housing Advocates of Northern California Access Living of Metropolitan Chicago Housing Opportunities Made Equal of Virginia Inland Fair Housing Board Metropolitan Milwaukee Fair Housing Council National Association for Latino Community Asset Builders (NALCAB) Local Initiatives Support Corporation (LISC) National Housing Trust (NHT) Stewards of Affordable Housing for the Future (SAHF) NYU Furman Center Disability Rights Maryland Prosperity Now Corporation for Supportive Housing (CSH) Greater New Orleans Fair Housing Action Center City of Seattle Human Services Department Bay Area Legal Aid New York City Department of Housing Preservation and Development
HUD Notice Organizations opposing the notice: National Fair Housing Alliance (NFHA) Washington Lawyers Committee for Civil Rights and Urban Affairs Policylink Prevention Institute Consortium for Citizens with Disabilities Enterprise Community Partners National Housing Law Project (NHLP) National Low Income Housing Coalition (NLIHC) Boston Tenant Coalition
HUD Notices May 23, 2018 1. Withdrawal of Suspension 2. Withdrawal of Assessment Tool 3. Responsibility to AFFH
HUD May 2018 Notice 1 Withdrawal of Notice Extending the Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants 83 FR 23298 Published and Effective May 23, 2018
HUD May 2018 Notice 2 Withdrawal of the Assessment Tool for Local Governments 83 FR 23922 Published and Effective May 23, 2018 Without a Tool, the AFH cannot be submitted
HUD May 2018 Notice 3 Responsibility To Conduct Analysis of Impediments 83 FR 23927 Published and Effective May 23, 2018
Lawsuit May 8, 2018 National Fair Housing Alliance, Texas Appleseed and Texas Housers NFHA et al., v. Carson Alleges violation of the Administrative Procedure Act and the Fair Housing Act. Amended May 29
Lawsuit Administrative Procedures Act basis No comment period for notices Notices were arbitrary and capricious Notices were unlawful Fair Housing Act basis The Federal Government is obligated to affirmatively further fair housing.
HUD Notices August 16, 2018 Advance Notice of Proposed Rulemaking (ANPR) 83 FR 40713
ANPR HUD has determined that a new approach towards AFFH is required. Soliciting comments to: Minimize regulatory burden Focus on positive results rather than analyzing community characteristics Provide for greater local control Encourage actions that increase housing choice Efficiently utilize HUD resources
Affirmatively Further Fair Housing Conduct an AI Take actions to overcome the identified impediments Maintain records
AI Options Follow the AI Suggested Format HUD Fair Housing Planning Guide https://www.hud.gov/sites/documents/fhpg.pdf Include Supplemental Information Based on AFH Rule Guidebook/ Assessment Tool Template AFFH Data and Mapping Tool
AI Suggested Format Introduction and Executive Summary of the Analysis Who Conducted Participants Methodology Used How Funded Conclusions 1. Impediments Found 2. Actions to Address Impediments
AI Suggested Format cont d Jurisdictional Background Data Demographic Data Income Data Employment Data Housing Profile Maps Other Relevant Data
AI Suggested Format cont d Evaluation of Jurisdiction s Current Fair Housing Legal Status Fair Housing Complaints Fair Housing Discrimination Suit Filed by DOJ or private plaintiffs Reasons for trends or patterns Discussion of other fair housing concerns or problems
AI Suggested Format cont d Identification of Impediments to Fair Housing Choice Zoning and Site Selection Neighborhood Revitalization, Municipal and Other Services, Employment-Housing-Transportation Linkage PHA and Assisted/Insured Housing Provider Tenant Selection Procedures Housing Choices for Certificate and Voucher Holders Property Tax Policies Planning and Zoning Boards Building Codes (Accessibility)
AI Suggested Format cont d Identification of Impediments to Fair Housing Choice Lending Policies and Practices Fair Housing Enforcement Informational Programs Visitability in Housing
AI Suggested Format cont d Assessment of Current Public and Private Fair Housing Programs and Activities Conclusions and Recommendations
Supplemental Information Citizen Participation and Consultation Broad Outreach: Community meetings Stakeholder meetings Online/Paper surveys Public Hearings Key person interviews Social Service Agencies Assisted Housing Providers Community-based Organizations Regionally-based Organizations Fair Housing Organizations Landlords Developers Real Estate Professionals Lenders
Supplemental Information Assessment of Past Goals, Actions, and Strategies Process for Revisions/Amendments to AI
Supplemental Information HUD-provided data and maps https://egis.hud.gov/affht/
HUD AFFH DATA & MAPS 1. Race/Ethnicity 2. Race/Ethnicity Trends 3. National Origin 4. Limited English Proficiency 5. Publicly Supported Housing 6. Housing Choice Vouchers and Race/Ethnicity 7. Housing Burden and Race/Ethnicity 8. Housing Burden and National Origin 9. School Proficiency 10. Job Proximity 11. Labor Market 12. Transit Trips 13. Low Transportation Cost 14. Poverty 15. Environmental Health 16. Disability
Supplemental Information Segregation/Integration
Supplemental Information Disparities in Access to Opportunity
Conclusions and Recommendations SMART system for metrics and milestones Specific Measurable Action-Oriented Realistic Time-Bound Use AI as a guide for goals and objectives in the Consolidated Plan
Records to Maintain Required by HUD: The AI Actions undertaken to eliminate any identified impediments HUD Suggests: Transcripts of public hearings and citizen comments/input Progress reports Other documents: Accomplishments/CAPER Sign-in sheet or list of attendees/participants in public meetings/focus groups Fair housing brochures/publications educational material Local data on housing discrimination complaints Reports from fair housing organizations
Housing Stability Makes for a Great City
City of Gainesville 9 goals Mission Statement: To protect and serve through community involvement, education, prevention, and rapid intervention by professionals committed to excellence.
Affirmatively Furthering Fair Housing 1. Increase the production and preservation of affordable housing 2. Increase homeownership opportunities for low and moderate income 3. Increase public and private investment in East Gainesville 4. Increase access/reliability of public transportation
Affirmatively Furthering Fair Housing 5. Increase educational attainment and employment opportunities in East Gainesville 6. Enhance outreach and education regarding affordable housing 7. Enhance landlord participation in affordable housing programs 8. Increase the availability of publicly supported housing for elderly and persons with disabilities 9. Increase fair housing resources and agency participation in fair housing activities
Affirmatively Furthering Fair Housing Goal 1 Increase the production and preservation of affordable housing -Hosting a housing forum with stakeholders -Presented a plan to the public re: land development code revision -Housing programs including housing rehabilitation, down payment assistance w/repairs
Recommendations: Accessory Dwelling Units (ADUs) Policy Changes Housing + Development Allow in all zoning districts Can be detached/attached Owner occupancy required Structure 1.5 stories max (dormers + sloping roof) Consistent with architecture of primary structure Maximum of 850 square feet One parking space per ADU Accessory unit setbacks for ADUs (privacy considerations for structures more than one story) Share utilities with primary structure Detached Attached Extension Attached Interior
Policy Changes Housing + Development Recommendations: Definitions and design: Bungalow court means a series of five to ten small, residential structures, arranged around a shared courtyard that is arranged perpendicular to the street. The shared courtyard consists of private, shared open space accessible to each unit. Live/work unit means an owner occupied single dwelling unit attached to a ground floor space reserved for and used by the occupant for office, service, or retail uses.
Policy Changes Housing + Development Recommendations: Flexibility Lot standards (width, depth, minimum lot size, setbacks) Suburban vs. Urban Review process Street design (paved width, curb design, alternative materials) Low impact design: Less impervious surfaces Density and housing diversity Incentives for affordable housing and more housing options Traffic study requirements Perimeter landscape buffers Flexible parking standards and design Cottages at Oak Park Ocean Springs, MS
Recommendations: Neighborhoods What are the City s policy goals for residential development? Policy Changes Housing + Development Affordable housing Housing choice (location and type) Connectivity Protection of natural features Vision Zero Recreational opportunities for neighborhoods Water conservation and energy efficiency Architecture that supports a quality built environment Compatibility within existing neighborhoods
Recommendations: GNV RISE (Resilient, Innovative, Sustainable, Equitable) Policy Changes Housing + Development Optional subdivision standards Performance-based approach Development provides public benefits City provides flexibility Values are assigned to both incentives and public benefits Value of public benefits must meet or exceed value of incentives Subject to City review and approval
Recommendations: GNV RISE (Resilient, Innovative, Sustainable, Equitable) Incentive Flexibility Value Public Benefit Value Policy Changes Housing + Development Density 5 Swift review Subdivision lots Traffic study 5 5 4 Lot size 4 Setback 4 Contextual infrastructure 4 Housing mix 3 Parking 3 Buffers 2 Affordable Housing Enhanced connectivity Multimodal amenities Underground utility Water conservation Enhanced architecture Residential sprinklers 5 4 3 3 3 3 2
Policy Changes Comprehensive Plan Amendment: Policy 1.1.7 The Land Development Code must include regulations that incentivize the provision of affordable housing by providing density bonus allowances, which may allow densities that exceed the maximum limit of units/acre established in Policy 4.1.1. In lieu of regulating density by units/acre, such incentive provisions may regulate density through building form (such as height and lot coverage) for multi-family or mixed-use buildings or through the allowance of additional lots within subdivisions.
Goal 2 Affirmatively Furthering Fair Housing Increase homeownership opportunities for low and moderate income: Down Payment Assistance Program Assists first-time homebuyers with down payment and closing costs to purchase a new or existing home; Homebuyer must complete education and training workshop; Partner with downpayment program certified lenders and inspectors Housing Counseling Services Homebuyer Education & Training Homeowner Education & Training Credit Repair Counseling One-on-One Housing Counseling Community Outreach Housing Expos Community/Neighborhood Meetings Community Events
Preserving Current Stock Homeowner Rehabilitation Program Address health/safety housing violations and/or code violations resulting from unsafe and unsanitary housing conditions. Repair assistance is based on housing needs: (Roof, Minor, Major, or Replacement) Repairs include: roof, electrical, structural damage, plumbing, heating systems, and ADA accessibility. Mortgage Foreclosure Intervention Program Assistance provided to qualified homeowners to avoid foreclosure and save their homes. Homeowners must complete one-on-one counseling sessions. Major Rehabilitation Program Roof Program House Replacement Program
Program Downpayment Assistance Homeowner Rehabilitation House Replacement Roof Replacement Mortgage Foreclosure Intervention Housing Counseling Homeownership Opportunities Families Assisted 2014 to Present #Families 48 70 9 12 5 703 Total 847
Goal 3 Affirmatively Furthering Fair Housing Increase public and private investment in East Gainesville The Gainesville CRA is heading Gainesville East, a marketing push that informs the public of CRA and other initiatives in the area. One of the goals of the marketing initiative is to attract potential businesses and residents to the area while supporting what is already there. Heartwood Neighborhood- a new development of 34 single family homes. Up to 1/3 to be allotted as affordable housing. Residential Paint program- voucher for power washing and painting the exterior of a home, improves the curb appeal and encourages pride in homeownership.
Goal 4 Affirmatively Furthering Fair Housing Increase access/reliability of public transportation Vouchers for elderly to use Uber Putting in design for 1 st and Last mile Implement a Last Mile/First Mile transit service Improve transit service frequency on selected routes Enhance mobility by improving bus stops Install bus shelters at selected stops
Goal 5 Affirmatively Furthering Fair Housing Increase educational attainment and employment opportunities in East Gainesville City participated in the Gnv4all initiative specific work group that identified opportunities to enhance this area ID partners, programs to address unmet needs Support public service programs that provide counseling, child care, credit repair to improve self sufficiency Within 5 years ID economic development projects designed to attract higher skilled jobs to East Gainesville more info -Partners of 7 stakeholders
Goal 6 Affirmatively Furthering Fair Housing Enhance outreach and education regarding affordable housing Within 2 years conduct general public outreach to discuss importance of mixed income housing Develop and distribute handouts that discuss the benefits of affordable and mixed income housing
Affirmatively Furthering Fair Housing Goal 7 Enhance landlord participation in affordable housing programs Within 2 years conduct general public outreach to discuss importance of mixed income housing Develop and distribute handouts that discuss the benefits of affordable and mixed income housing
Affirmatively Furthering Fair Housing Goal 8 Increase the availability of publicly supported housing for elderly and persons with disabilities Planning department variance --Within 5 years designate a percentage of public housing units for the elderly --Within 5 years designate a percentage of scattered site integrated public housing for persons with disabilities Demographic Breakdown: Units: 36 1 Bed/1 Bath (3 @35% units $390) 28 2 Bed/2 Bath (4 @ 35% units $476) Race: Caucasian-32, African American-28 Hispanic-9. Other-2 Gender Male-40, Female-31 Special Needs Veterans-28 Disable-41 Vouchers: 29 (17-VASH) Arbour Valley Development-64 units
Goal 9 Affirmatively Furthering Fair Housing Increase fair housing resources and agency participation in fair housing activities Within 2 years seek additional funding from state and federal resources for non profits and housing providers so that these organizations can increase fair housing outreach, education and enforcement Within 5 years provide direct financial assistance to nonprofit organizations to provide fair housing services
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