Housing Opportunities Made Equal has recently completed a
study of impediments to fair housing in the City of Buffalo. The report,
which was commissioned by the City, identifies and analyzes barriers
that obstruct residents of Buffalo from obtaining and retaining the
housing of their choice. The analysis concludes with a recommended
course of action to address these barriers.
Background and methodology
In April 1968, Congress passed the Federal Fair Housing Act
which promised many Americans equal opportunity in housing. The law
required the U.S. Department of Housing and Urban Development (HUD) “to
administer the programs and activities relating to housing and urban
development in a manner affirmatively to further…[ fair housing].”
HUD regulations require that recipients of community
development funding conduct an analysis of impediments to fair housing,
take actions necessary to overcome them, and maintain records of their
progress. An impediment, in this context, is not only an intentionally
discriminatory action, but can include policies or practices that are
neutral on their face, but have the effect of limiting housing choice.
In addition to looking at current impediments, the study
serves as a sort of a “report card” of progress made on actions proposed
by an earlier study conducted in 1996 by the Economic Consultants
Organization. After reviewing the progress made on proposals
made in the previous study, researchers Scott Gehl, Andrea
Mujahid-Moore, David Wright and Kenneth Gholston analyzed updated
demographic and planning information to create the 2004 study.
The researchers discovered that,
apart from elements effectively accomplished through the settlement of
the Comer class action suit, the City had made disappointing
progress in implementing the majority of the actions recommended by the
1996 study. The settlement of the Comer case (which alleged
racial steering in government public housing programs) reorganized the
way Section 8 vouchers were administered and led to the establishment of
the Community Housing Center.
The research team engaged the larger
community to provide additional input for the 2004 study by holding
three public comment sessions. These sessions along with the new data
and interviews with leaders in legal, housing, and government services
formed the basis for the study. The authors identify 38 impediments to
housing choice for people protected by federal, state, and local fair
housing laws, and recommend a 49-point action plan to overcome these
barriers. The study’s Executive Summary and Action Plan can be found in
their entirety at www.homeny.org; this article will touch on just a few
of the impediments and their proposed solutions.
Policies and recommendations
The researchers state: “Policies and
programs to promote better living conditions in lower-income
predominately minority neighborhoods are significant parts of a
comprehensive approach to fair housing. So too are efforts to provide
housing opportunities for minority families with children and persons
with disabilities in non-minority and more economically advantaged
neighborhoods.”
Fifteen separate areas of concern were
studied: Zoning, Code Enforcement, Tax Policies, Public Services,
Revitalization Policies, Planning and Zoning Boards, Public Private, and
Assisted housing, Section 8 Administration, Group Homes, Real Estate,
Fair Housing Advertising, Lending and Appraisals, Insurance Policies and
Practices, Issues Affecting Persons with Disabilities, and Fair Housing
Education and Enforcement.
The study found that some of the City’s
policies and practices in these areas may actually have an adverse
effect on people with disabilities and the economically disadvantaged
(who, in Buffalo, are disproportionately people of color). For example,
it was noted that minorities were under-represented on both the zoning
and planning boards. To address this obstacle, the study suggested
putting in place policies and procedures to select board members who are
more representative of Buffalo’s population.
The lack of systemic code enforcement in a
city with older housing stock particularly affects low-income renters
who may be uninformed about their rights or reluctant to assert
themselves for fear of eviction. Landlords, confident that they won’t
face any consequences if fearful tenants won’t report them, have little
or no motivation to keep their property up to code. The authors
recommend systemic enforcement of codes and meaningful landlord
licensing requirements.
Adding to the problems that
disproportionately affect low-income minority neighborhoods are
abandoned or damaged homes awaiting demolition. These empty and
deteriorating structures create health and safety hazards, attract
crime, and depress the quality of life and the property values for the
surrounding neighborhood, Developers interviewed for the study reported
that even newly built homes in these neighborhoods are hard to sell and
lose their value quickly. The researchers urge that demolitions, like
inspections, be handled in a systemic way rather than being driven
primarily by residents’ requests.
Some of the homes awaiting demolition have
been lost to foreclosures. Many foreclosures in high poverty areas can
be the result of predatory lending schemes. Therefore, the study
suggests several ways in which the City could become more active in
removing some of the conditions that make the Buffalo-Niagara area
especially vulnerable to these lenders. The study also advises that the
City work to make lenders responsible for the property they have
repossessed.
When a property has been foreclosed on by the City for back
taxes, the City assesses a “foreclosure fee” which can exceed the amount
of back taxes. Homeowners are sometimes able to pay the taxes, but not
the fees which can exceed the original amount owed. The study suggests
that to enable residents to keep their homes, the city should make the
fees more proportional to the amount owed.
Zoning and Transportation
Zoning codes calling for smaller lot sizes may inhibit the
creation of housing able to accommodate the needs of people with
disabilities. Another zoning issue which is viewed by the study’s
authors as an impediment to fair housing is the City’s Restricted Use
Permit. This permit, required of organizations giving mental health,
housing and recreational services to low income consumers, has had a
disparate impact on low-income people with disabilities and people of
color.
This permit was enacted in response to
allegations that certain neighborhoods had an “over-concentration” of
services to people with mental health disabilities. In fact, the permit
has had the effect of perpetuating stereotypes and encouraging
discrimination. Prohibiting service providers from locating in
accessible areas also disproportionately affects people with low incomes
who both require services and are must walk or use public transportation
to access them. The study recommended the passage of an amended
ordinance, previously submitted by the Inclusion Task Force.
The study recommends that the City take a
strong role in advocating for the development of routes linking the City
of Buffalo to surrounding suburbs. This would not only have the effect
of increasing accessibility to advantaged neighborhoods, but would
increase the quality of life for low-income minority households. Added
mobility increases access to better schools, a larger selection of
retail establishments, and employment opportunities in the community.
The study further proposes that the City work collaboratively with the
County to develop strategies promoting residential diversity throughout
the region.
Fair Housing Education and Enforcement
in the All America City
Responsibility for barriers to fair
housing in Buffalo does not rest solely with the City. Many challenges
such as economic change, loss of federal and state resources, a
declining population, and a declining tax base, are beyond its control.
However, ultimately the City is responsible for its housing policies and
practices.
Significantly, a review of three critical
City planning documents revealed that “affirmatively furthering fair
housing” was no longer identified as a priority housing need. The
authors of the study recommend reincorporating fair housing activities
into city planning that affects housing and revitalization.
Among other things, the authors of the
study recommend that the City’s Fair Housing officer be given civil
service protection in order to be able to effectively advocate for
internal change. They also strongly suggest that the City collaborate
with HUD about education and enforcement activities. Finally, the
authors advise that a formal mechanism be put into place to consider,
respond to and monitor the progress of the actions called for in the
impediments study.
Without taking these actions, the seventh
most segregated metropolitan area in the nation is in danger of
retaining that dubious distinction. The study finds that “The city has
neither adhered to nor amended its stated Fair Housing strategy.”
However, according to the action plan portion of the study, “Buffalo is
in a position to become a powerful proponent of fair housing.”
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