Forum partners welcome HUD training

Boise City Council member Lisa Sanchez welcomed a roomful of housing providers, city and state staff, and local nonprofits on April 26 to a fair housing workshop presented by the Department of Housing and Urban Development (HUD). Attendance was estimated at well over 200, with in-person and individuals watching via webcast throughout Idaho. This is the last workshop during April, where many different groups recognized the 50th Anniversary of the signing of the Fair Housing Act.


Featured presenter: HUD’s Kristina Miller, Office of Fair Housing and Equal Opportunity

HUD’s Deputy Northwest Regional Administrator Michael Look kicked off the day by thanking attendees for their time and interest before outlining the history and meaning of the Fair Housing Act, its roots in the U.S. Constitution, and acknowledging those who made it possible. He introduced HUD’s last remaining Idaho field office representative, Senior Management Analyst Brian Dale

HUD reps Kristina Miller, Brian Dale, and Michael Look

Mr. Look emphasized that the economic opportunities made possible through housing choice and mobility go beyond the typical civil rights focus of fair housing. Where we live determines our access to essential community services, social capital and basic amenities. He acknowledged the rights and challenges of housing providers, and his hope that through ongoing training and greater awareness, they could all take steps to avoid violations and associated costs.*

Kristina Miller with the Seattle Office of Fair Housing and Equal Opportunity conducted the day’s training, starting with an overview of fair housing basics, protected classes, prohibited actions , disparate impact and the three-step analysis of policies or practices to determine compliance. She also outlined seven fair housing design and construction standards, and the importance of accommodating our aging population—which applies to everyone.

The main point of fair housing is ‘equal access’ for all.

She also touched on recent HUD guidance on criminal history; that is, if the property involved is covered under the Fair Housing Act, they must maintain and follow a clear criminal background policy that otherwise treats all protected classes the same consideration. A *three-step analysis determines whether a policy has discriminatory effect:

  1. Does the policy result in a discriminatory effect on members of a protected class?
  2. Does the policy achieve a specific, legitimate nondisriminatory interest to the provider?
  3. If yes to #2, is there a less discriminatory alternative to achieve the same effect?

Unjustifiable policies

  • A blanket ban on criminal activity or an arrest record; unless there is a conviction, anyone could be banned without legitimate cause, thus it would be unjustifiable.
  • A blanket ban on all convictions that fails to differentiate between a legitimate threat to life, safety or property or no threat may also be unjustifiable.

View or download the presentation as a .pdf — Fair-Housing-Act-for-4-26-18-presentations

Check back for links to the webcast version.

Everyone wants a bag like Brian’s vintage FHF tote! We’ll get some made and let you how to get yours.

Facebook (Still) Letting Housing Advertisers Exclude Users by Race

Recent investigative reporting by ProPublica reveals that Facebook continues to allow discriminatory housing ads—long after the practice was exposed—and after Facebook executives vowed to correct those clear violation of the Fair Housing Act.

ProPublica is an independent, nonprofit newsroom that produces investigative journalism with moral force.

An excerpt of the article follows:

“Last week, ProPublica bought dozens of rental housing ads on Facebook, but asked that they not be shown to certain categories of users, such as African Americansmothers of high school kids, people interested in wheelchair rampsJewsexpats from Argentina and Spanish speakers.

All of these groups are protected under the federal Fair Housing Act, which makes it illegal to publish any advertisement “with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.” Violators can face tens of thousands of dollars in fines.

Every single ad was approved within minutes.”

This was despite Facebook’s own policy. View the process ProPublica used to test that policy.

See the full article here.

And for those looking for an ADA-compliant, multilingual rental listing and locator option, see www.housingidaho.com

Idaho Assessment of Fair Housing—2017 AFH

The U.S. Department of Housing and Urban Development is phasing out the Analysis of Impediments (AI) and replacing it with the Assessment of Fair Housing (AFH) model in the coming years. IHFA and Commerce commissioned a hybrid AI/AFH in early 2016. The final version of the document reflects a year-long data-gathering process involving key stakeholder interviews, statewide focus group discussions and a public comment period and public hearing.

Download the 2017 State of Idaho Assessment of Fair Housing (2017 AFH) here.

Why Economic Developers Hope That “Fair Housing Still Has a Chance Under Trump”

The most recent State of Idaho Assessment of Fair Housing takes an ‘Economic Opportunity Approach’ to what is traditionally perceived as a civil rights issue affecting minority populations and other protected classes. An excerpt follows:

“This study approaches the analysis of fair housing issues through an “opportunity lens.” This was done to:

  • Incorporate recent research that links long‐term economic gains of cities and states to advancing economic growth of residents,
  • Incorporate the latest legal developments around fair housing, and
  • Most importantly, identify where the Grantees can best intervene to improve the economic opportunities of residents and, ultimately the fiscal health, of non‐entitlement communities.”

In other words, the report shows that the overall economic health and stability of a city or state depend on the economic opportunities of all residents. When everyone can access safe, quality housing within their household budget and close to employment or other services, they have more time, energy and income to invest in neighborhoods and communities. At the same time, they are less dependent on public assistance or other social services.

Housing choice (the right to determine where we live and can afford) and stability are essential components in the development of social capital, sometimes defined as “the networks of relationships among people who live and work in a particular society, enabling that society to function effectively.”

When individuals and families feel part of a neighborhood or community, they are better able to form trusting relationships and cultivate connections that can lead to opportunities—whether in employment, education, health care or personal growth and development. From the perspective of those who stress personal responsibility and self-reliance, housing choice (aka, ‘Fair Housing’) should be seen as the best investment, hands down.

For an informative and riveting history of the origin and reason for the Fair Housing Act, this 2015 podcast from This American Life and ProPublica is one of the best introductions around. For those short on time, Act Two is particularly fascinating.

The Slate article linked below contemplates the 2015 Affirmatively Furthering Fair Housing  (AFFH) rule and how it may fare moving forward under a new administration. The AFFH rule is intended to implement the core mission of the Fair Housing Act—to increase access to economic and social opportunities through something called housing choice. Where we live determines access to essential services and resources: clean air and water, healthy food, education, employment, police and fire protection, banking and lending, health care—even things like culture and recreation.

“An important rule, enacted late in the Obama administration, is just starting to knock down barriers in some of America’s most segregated places.”

The Affirmatively Furthering Fair Housing (or AFFH) rule, promulgated by President Barack Obama’s Department of Housing and Urban Development in 2015, marked the first forward momentum for the Fair Housing Act in decades. The rule required jurisdictions that receive federal housing funding to not only document barriers to integration and opportunity, but to detail—and prioritize—policies to eradicate them.

Read more here: Fair Housing Still Has a Chance Under Trump