Vermont HFA First to Publish LIHTC Tenant Demographic Profile.

I was very pleased to discover (thanks to an Apartment Finance Today article HERE) that the Vermont housing finance agency has posted what appears to be the first ever statewide HFA published summary of LIHTC tenant demographics in a one pager HERE. 

Kudos to the Vermont HFA for being the first HFA (to my knowledge) to publish this data.

Some highlights:

• 6% of Vermont's total renter population lived in LIHTC units.
• 40% of LIHTC renter heads of households were 62 or older.
• 50% of LIHTC households had incomes below 30% of MFI.
• 61% of LIHTC residents received housing subsidies.
• 11% of LIHTC residents were non whites vs 7% of statewide renters. 
• 12% of LIHTC residents were full time students (includes both adults and children).

One omission I noted in the Vermont profile is data on female headed households.

My prior post HERE explains that states have been reporting this information to HUD for years as a mandatory statutory requirement but that HUD has not been publishing that data. 

My  written comments HERE on the HUD affirmatively furthering fair housing proposed reg point out the omission of this LIHTC tenant demographic data from the listing of data sources from HUD.

The Vermont HFA has demonstrated statewide LIHTC profiles are possible, and since statewide profiles are built using project level data,  similar profiles are possible down to the project and local levels.


Originally created and posted on the Oregon Housing Blog.

My Submitted Comments on Affirmatively Furthering Fair Housing Proposed Regulation.

Comments are due by Tuesday September 17th; I submitted my comment on Thursday. (Docket folder for this proposed regulation is HERE).

My MS Word comment letter is on my SkyDrive HERE, and embedded below: 



Originally created and posted on the Oregon Housing Blog

Two New HUD MF Notices: Homeless Preference and Baltimore AI Demo.

HUD Housing Notices can be found HERE. 

Thanks to tip from Rob Prasch at Preserve Oregon Housing  there is a new Notice that clarifies that, subject to HUD field office approval, project based Section 8 owners have the option of developing preferences for the homeless. 

In looking at notices, also saw a new Notice that discusses the commencement of a demonstration AI in the Baltimore metro area. From the notice:

HUD proposed to offer incentives for owners and developers who agree to set aside a percentage of newly constructed or rehabilitated two- or three-bedroom units in general occupancy properties for families holding Housing Choice Vouchers, either under a project-based voucher contract or offered at rents less than or equal to the Fair Market Rent (FMR) for the Baltimore SMSA. HUD believes that the proposed incentives will encourage the construction of more affordable housing for voucher holders in areas with good schools, safe neighborhoods, and sustainable employment opportunities, and will contribute to reducing racial segregation

Both Notices are worth a read. 

Orginally created and posted on the Oregon Housing Blog. 

Proposed HUD Affirmatively Furthering Reg from Friday Federal Register.

Federal Register ink is HERE; comments due by September 17, 2013. 

Originally created and posted on the Oregon Housing Blog.

OMB Completes Review of HUD Proposed Affirmatively Furthering Fair Housing Rule.

Review was completed on last day of spring, June 20th the SAME day it was received? Looks like no changes from rule as submitted were required.

No telling when proposed rule will be published in Federal Register, especially now that Supreme Court has take a disparate impact case for review. Here is paste in from OMB regulatory review website: (Active link shows history of rule going back to 2007).

AGENCY: HUD-HUDSEC	RIN: 2501-AD33
TITLE: Affirmatively Furthering Fair Housing (FR-5173)
STAGE: Proposed Rule	ECONOMICALLY SIGNIFICANT: No
** RECEIVED DATE: 06/20/2013	LEGAL DEADLINE: None
** COMPLETED: 06/20/2013	COMPLETED ACTION: Consistent without Change

Originally created and posted on the Oregon Housing Blog. 

HUD Behind Schedule, Again.

In prior post HERE I reported the planned "Mid January" roll out of a new HUD funded Housing Transportation Affordability portal. This mid January date was an extension of a previously planned December 2012 roll out date. 

Were now at mid March, 90 days past mid December and 60 days past mid January, and the portal has not yet been announced and no updated date is provided on HUD's related website HERE. 

HUD NOFA on Time Performance Lagging
HUD acknowledges in its Summary of Performance report HERE that it badly missed its target of obligating 90% of NOFA's within 180 days of budget enactment, obligating only 46% of NOFA's within 180 days for funding enacted in FY 2012.

Glaring HUD Regulatory On Time Performance Lag Example
HUD's most glaring missed schedule is for it's proposed affirmatively furthering fair housing regulation, yet to arrive nearing 3 and 1/2 years after the initial target date of November 2009. (See prior post HERE). 

If I could offer a piece of advice that I learned, sometimes painfully, in my 30+ years at HUD it is:

 " UNDER promise, OVER deliver". 

Originally created and posted on the Oregon Housing Blog.

Update: Baltimore Regional AI Demonstration Notice Coming Tomorrow, Using FHA Multfamily Financing Incentives as Carrot.

Update: 
Have added link to Court Settlement item in NLIHC Memo to Members that provides more context for regional AI demonstration
--------
Notice will be in Federal Register on Wednesday, I have posted advance notice HERE. 

Notice indicates FHA financing incentives will be offered for projects that either project base vouchers or offer below market rents for 2 or more bedroom non elderly units. Projects participating in the demonstration will also be required to accept voucher holders (appears similar to the requirement for LIHTC projects, but all units in these projects may not have rents affordable to voucher holders).

Eligible projects will also be limited to "areas of opportunity" that are part of a prior court settlement. NLIHC Memo to Members court settlement update is HERE.

Originally created and posted on the Oregon Housing Blog. 

US Attorney Asks Court to Compel Westchester County (NY) to Comply with Settlement Agreement.

NLIHC summary (and links to more materials) is HERE. 

Originally created and posted on the Oregon Housing Blog.

OMB/HUD Delays on Fair Housing Regs and Demos Continue.

There are three regulatory fair housing actions still pending at HUD or OMB.

At HUD

A notice of a affirmatively furthering fair demonstration program in the Baltimore MSA was sent to OMB on January 17, 2012. Five months later, OMB cleared the notice on May 16, 2012, but nearly 30 days later HUD has yet to publish the notice in the Federal Register. 

AGENCY: HUD-OH  RIN: 2502-ZA13 
TITLE: Notice of Intent to Conduct Affirmatively Furthering Fair Housing Demonstration in Baltimore, Maryland, Standard Metropolitan Statistical Area (FR-5617) 
STAGE: Notice  

RECEIVED DATE: 01/17/2012    
COMPLETED: 05/16/2012  

COMPLETED ACTION: Consistent with Change 
 

At OMB

Two Rules are Pending at OMB, one a FINAL rule and the second a proposed rule. The final disparate impact rule has been at OMB for approaching two months, while the proposed affirmatively furthering fair housing reg has been at OMB for 5 months.

 

AGENCY: HUD-FHEO  RIN: 2529-AA96 
TITLE: Implementation of the Fair Housing Act--Disparate Impact (FR-5508) 
STAGE: Final Rule  

RECEIVED DATE: 04/25/2012  
Note : A meeting this past Monday (June 11) concerning this rule was held with advocates, HUD, and OMB; details about attendees are HERE.

AGENCY: HUD-HUDSEC  RIN: 2501-AD33 
TITLE: Affirmatively Furthering Fair Housing (FR-5173) 
STAGE: Proposed Rule  

RECEIVED DATE: 01/17/2012     

Originally created and posted on the Oregon Housing Blog.

National Fair Housing Alliance Webinar: What Is “Affirmatively Furthering Fair Housing” (AFFH) and Where Is It Going?

June 21st session is from 11-12:30 WEST coast time.

Advance registration required HERE and must be completed by COB 10 AM  WEST coast time June 21st.  For more background look for this date on web page HERE.

Originally created and posted on the Oregon Housing Blog.

Affirmatively Furthering Fair Housing Notice for Baltimore MSA Demo Clears OMB.

On January 17, 2012 HUD sent two affirmatively furthering regulatory items to the Office of Management and Budget for their review. 

The first item was a Notice for an AI demonstration to be conducted in the Baltimore metro area and yesterday that notice cleared OMB, setting the stage for HUD publication in the Federal Register. 

The second item was a a proposed AI Regulation, and as of this morning this still remains with OMB and has not been cleared. 

(Readers may recall a recent post HERE suggesting that the proposed regulation would significantly change the AI process).

The status of regulations under review by OMB can be checked by agency at the regulatory review website HERE.

 

Originally created and posted on the Oregon Housing Blog. 

Draft Washington County Fair Housing Plan Posted for Comment; Hearings April 5th and 12th.

Web page containing Draft Fair Housing Plan/Analysis of Impediments is HERE. Direct URL to the draft plan is HERE.

Comments can be sent through April 12th via email to cdbg@co.washington.or.us or written comments may be sent to 

Jennie Proctor, Program Manager
Washington County Office of Community Development
328 W Main Street, MS7
Hillsboro, OR 97123

Opportunity Areas:

An example of the kind of details found in the draft plan (PDF page 110)

The table below illustrates the distribution of White, Hispanic, Black, Native American and Hawaiian populations among the areas of opportunity. It appears that the distribution of residents is fairly even, with the majority of households of each race living within average to
higher than average opportunity. There is no disproportionality in the populations within each opportunity area

Click to Enlarge

Originally created and posted on the Oregon Housing Blog.

The Role of Finanical Regulators in Affirmatively Furthering Fair Housing.

A new paper from Stella J. Adams, a consultant and member of the Board of Directors of the National Community Reinvestment Coalition, is HERE.

Originally created and posted on the Oregon Housing Blog.

HUD Semi Annual Regulatory Agenda Shows Status of 63 Regulations; Affirmatively Furthering Reg Date Pushed Back AGAIN.

The "Spring" 2011 HUD Semi Annual Regulatory Agenda is out. A sortable listing of 63 HUD regulatory agenda items completed or planned can be found HERE.

My prior post about the HUD Fall 2010 Regulatory agenda is HERE.

HUD's Affirmatively Furthering Proposed Reg Now Scheduled for Publication 2 Years and 1 Month After Original Planned Date.
In the new semi annual regulatory agenda the planned date for HUD's proposed Affirmatively Furthering reg is now pushed back to December 2011, 2 years and 1 month after the originally planned date of Nov 2009 (see my prior post on this reg HERE).   

Editorial Comment: In an "over/under" bet for a scheduled publication date of a final affirmatively furthering regulation, I am taking the "over" on November 2012, and an "over" bet on even a proposed regulation by that date is not now totally out of the question.

Originally created and posted on the Oregon Housing Blog.

Fair Housing Issues in Cincinatti Suburbs Are Heating Up.

Original HUD AS for Fair Housing column in Cincinnati Enquirer is HERE; response from local official [Vice Chairman of Board of Trustees] in Green Township is HERE.  

Apparently several Cincinnati suburban communities have/are planning to withdraw from the CDBG program in hopes this will remove their affirmatively furthering fair housing obligations, including obligations to cite public housing in their communities.

Originally created and posted on the Oregon Housing Blog.

BOLI Doesn't Yet Have What it Needs to Follow Up on Portland Fair Housing Audit Cases; Two Editorial Comments.

After the public Fair Housing forum held in Portland on Friday June 10th, I followed up with Oregon BOLI staff to clarify the status of the cases referred to them as a result of the Portland Fair Housing audit and also to inquire about the status of an existing BOLI Civil Rights Council.

Two+ Weeks After City of Portland Referrals to BOLI, NO Housing Discrimination Questionnaires Have Been Filed by FHCO With BOLI to Start the Formal Complaint Process.

Part of the BOLI Fair Housing complaint process is the requirement that a Fair Housing Discrimination questionnaire be completed by a complainant. (form is HERE). The questionnaire is used by BOLI staff to draft a complaint that is sent back to the complainant. When edited/signed by the complainant and then notarized this becomes the formal complaint filed with BOLI for investigation. After the complaint has been filed BOLI arranges an interview with the complainant within a target date of 40 days. 

My understanding of information from BOLI is:

• BOLI had NOT received a completed questionnaire from Fair Housing Council of Oregon (FHCO) for any of the Fair Housing Audit cases referenced in the May 27th transmittal from the City of Portland.
• BOLI has requested, but have not yet received, a copy of the full audit from FHCO; if that audit provided sufficient evidence it might form the basis for a "Commissioner's Complaint" under ORS 659A.825.  

Editorial Comment 1: Portland/FHCO/BOLI Should Request Priority from HUD for Technical Assistance To Insure Future Fair Housing Audits Are Sufficiently Robust to Meet Statistical Standards for Validity AND Serve as Basis for Enforcement Action.
In looking through prior materials I have seen no evidence to indicate that the Portland Fair Housing Audit was structured  as a statistically valid sample of the Portland rental market. Also, it is still NOT clear to me that the Portland audit results were sufficiently documented to serve as the basis for enforcement action, particularly after the recent Oregonian story said that a FHCO email recommended that the audit not be used for that purpose. To insure future fair housing audits are properly structured to meet both valid statistical and enforcement thresholds, BOLI,the City of Portland, and FHCO may want to jointly request PRIORITY from HUD for timely receipt of technical assistance in the preparation of a testing protocol. (HUD has a now closed NOFA for testing TA HERE). This testing protocol could also be used by other Oregon HUD grantees carrying out fair housing testing programs.

Editorial Comment 2: There is Opportunity to Link the Existing BOLI Council of Civil Rights with the New Portland Fair Housing Advocacy Committee.

The last meeting minutes of a BOLI established Council on Civil Rights that I could find on the BOLI website are from a January 2010 meeting. BOLI staff have advised that the Council did meet in January of this year and that the Council is being revamped.  As Portland has indicated that they are forming a new Fair Housing Advocacy Committee, it occurs to me there there is an opportunity for someone to sit on both the Council and the Committee, acting as a liaison between the two.

Originally created and posted on the Oregon Housing Blog.

HUD's Affirmatively Furthering Fair Housing Proposed Regulation Continues in Limbo.

When the Obama administration came into power in 2009, it signalled that it intended to resurrect a proposed regulation to affirmatively further fair housing, an effort that had been orphaned during the latter stages of the Clinton Administration. (My view is that those Clinton era regs were killed by cities and counties who did now want greater oversight of the racial and ethnic dimensions of their CDBG spending).

It appears likely that the Obama Administration is encountering similar grantee resistance as it has YET to issue proposed regulations 1 1/2 years after HUD's stated initial target date of November 2009 for the publication of proposed regulations.

The table below shows the date of the Unified Agenda publication and the date that HUD said the proposed regulations were scheduled for publication.

 

Unified Agenda Period	HUD Projected Proposed Reg Date
Spring 2009	November 2009
Fall 2009	February 2010
Spring 2010	December 2010
Fall 2010	March 2011
Spring 2011	???

(The most recent [Fall 2010] Unified Agenda summary of this reg is HERE; the Spring 2011 Unified Agenda should be out later this month). 

Note that issuance of proposed regulations is only the START of the process. During the Clinton era proposed regs WERE issued, but final regs were not. 

A detailed policy summary of affirmatively furthering fair housing regulatory change from The Opportunity Agenda is HERE.

Originally created and posted on the Oregon Housing Blog.

Danville, Illinois Gets Fair Housing Suit That Includes Charge Based on Failure to Affirmatively Further Fair Housing.

Danville Commerical News story is HERE.

A primary cause for the suit are actions by the Danville Mayor:

Mayor Eisenhauer has publicly led a campaign to reduce the supply of subsidized housing in Danville over the next four years and prioritize so-called longtime residents for these housing subsidies. The Mayor’s effort to reduce the supply of subsidized housing is a key objective of the City’s 2010 Consolidated Plan, which proposes to reduce public housing by 326 units and Housing Choice Vouchers by 223, impose punitive work and community service hour requirements, and limit housing subsidies to “those who have ties to the community.” Given the fact that African-Americans make up the majority of the residents of public housing, Housing Choice Voucher holders, waitlist participants and eligible households for both subsidies, these proposed actions will have an unlawful disparate impact on African-Americans...

Actual complaint HERE is posted on Shriver National Center on Poverty Law website.

HUD Lagging On Affirmatively Furthering Fair Housing Compliance.

Thanks to NLIHC M2M item, new GAO report HERE has the details.


Report notes continued HUD failure to publish delayed proposed regulations, which HUD now says may occur by December 2010.  (Proposed regulations had been issued but never finalized during the Clinton Administration because of CDBG grantee resistance, so continuing delays now in issuing new proposed regulations is not a good sign).

Originally created and posted on the Oregon Housing Blog.

Westchester NY Fair Housing Struggle Continues; Court Appointed Monitor Again Rejects Inadequate Local Plan.

NY Times story is HERE.

HUD funded Anti Discrimination Center web page HERE includes links to various case materials, including court filings and rulings.

My prior post on this topic is HERE.

Originally created and posted on the Oregon Housing Blog.