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HomeMy WebLinkAboutAgenda - 01-21-2016 - 8-a - Analysis of Impediments to Fair Housing Choice 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: January 21, 2016 Action Agenda Item No. 8-a SUBJECT: Analysis of Impediments to Fair Housing Choice DEPARTMENT: Housing/Human Rights and PUBLIC HEARING: (Y/N) N Community Development ATTACHMENT(S): INFORMATION CONTACT: Summary: FY 2015-2020 Analysis of Audrey Spencer-Horsley, Director Impediments (A.I.) (919)245-2490 PURPOSE: To receive a report, approve the FY 2015-2020 Analysis of Impediments to fair housing choice (A.I.), and authorize the Manager to certify the necessary documents. BACKGROUND: As the lead agency of the Orange County HOME Consortium, the County administers funding allocated through the U.S. Department of Housing and Urban Development's (HUD's) HOME Investment Partnerships Program (HOME). The County also occasionally receives Community Development Block Grant (CDBG) funds. As such, the County is a Participating Jurisdiction (PJ). In addition to the allocation of these block grants, the County's Housing, Human Rights and Community Development Department operates as a Public Housing Authority (PHA) through its administration of the federal Housing Choice Voucher program. All PJ's and PHA's are required to engage in activities that "affirmatively further fair housing". To meet this long-standing obligation, the County completes and submits an Analysis of Impediments (A.I.) to identify barriers to fair housing choice and for planning an approach to take meaningful actions to overcome these barriers. This analysis is completed every five (5) years, consistent with the County's quinquennial submission of its Consolidated Plan for Affordable Housing. The County's objectives parallel HUD's objectives to: • Promote fair housing choice for all persons; • Provide opportunities for inclusive patterns of housing occupancy regardless of race, color, religion, sex, familial status, disability and national origin; • Promote housing that is structurally accessible to, and usable by, all persons, particularly persons with disabilities; and • Foster compliance with the nondiscrimination provisions of the Fair Housing Act. A draft A.I. was made available for public comment beginning Friday, August 14, 2015 and continuing until 5 p.m. on Monday, September 14, 2015. Electronic copies of the draft plan were available to the public via the County's website. Hardcopies were made available at the 2 County's Department of Housing, Human Rights and Community Development, the Townships of Chapel Hill, Carrboro and Hillsborough, the Chapel Hill Public Library and each branch of the Orange County Public Library. In addition, a newspaper posting soliciting comments was issued in the News of Orange, the Durham Herald Sun and La Noticia, a Spanish bi-lingual newspaper. There were additional surveys returned by non-English speaking community members and one public comment received. These surveys and the public comment were inserted in the Final A.I., which is available on-line at the following URL: http://www.orangecountync.gov/departments/hhrcd/Final Orange County 2015 Al.pdf FINANCIAL IMPACT: There is no financial impact regarding the approval and certification of the Analysis of Impediments. SOCIAL JUSTICE IMPACT: The following four (4) Orange County Social Justice Goals are applicable to this agenda item and the attached Analysis of Impediments: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIRONMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operations or policies. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION (5): The Manager recommends that the Board receive a report, approve the Orange County 2015-2020 Analysis of Impediments, and authorize the Manager to certify the same. 3 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE THE ORANGE COUNTY, NC HOME CONSORTIUM OP�rl'NVVo 11,0d� The Fair Housing Act makes it illegal to and interaction of six (6) fundamental discriminate in the sale, rental, financing, conditions within the community: or insurance of a dwelling, or in any other • type of housing related transaction on the The sale or rental of dwellings basis of race, sex, religion, national (public or private); origin, color, disability, or familial status • The provision of housing brokerage services; (the presence of children under the age The provision of financial of 18 in the household). In addition, assistance for dwellings; certain multifamily dwellings, constructed • Public policies and actions after 1991, are required to be accessible affecting the approval of sites and to persons with disabilities. other building requirements used As a HUD grantee, the Orange County in the approval process for the HOME Consortium is required to construction of publicly assisted housing; "affirmatively further fair housing." In The administrative policies order to demonstrate that the community concerning community is "affirmatively furthering fair housing," development and housing each grantee must conduct an Analysis activities, which affect of Impediments to Fair Housing Choice opportunities of minority (Al) which identifies any impediments to households to select housing fair housing choice and what steps the inside or outside areas of minority community will take to affirmatively concentration; and further fair housing. HUD advises • Where there is a determination of communities that the Analysis of unlawful segregation or other Impediments to Fair Housing should also housing discrimination by a court address "Visitability," the Section 504 or a finding of noncompliance by Rehabilitation Act, the Americans with HUD regarding assisted housing Disabilities Act, as well as the Fair in a recipient's jurisdiction, an analysis of the actions which could Housing Act. be taken by the recipient to HUD defines "fair housing choice" as: remedy the discriminatory condition, including actions involving the expenditure of funds made available under 24 CFR Part 570. ❑ METHODOLOGY The methodology employed to The Orange County HOME Consortium undertake this Analysis of has prepared an Analysis of Impediments included: Impediments to Fair Housing Choice for 2015. The analysis focuses on the status 1 4 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE THE ORANGE COUNTY, NC HOME CONSORTIUM OP�rl'NVVo 11,0d� • Research - A review of the County's Zoning Ordinance, U FINDINGS: ACS DATA Comprehensive Plan, land use policies and procedures was According to the 2007-2011 American undertaken. Community Survey (the most current - Demographic data for the complete set of census estimates): County was analyzed from the U.S. Census and the HUD- • 60.2% of households were owners CHAS data and tables. and 39.8% of households were - A review of the real estate and renters. mortgage practices was • When comparing homeowners undertaken. and renters by race, "White" households represent the largest • Interviews & Meetings percentage of homeownership - Meetings and/or interviews (84.1%) with "Black or African were conducted with County American" households comprising Staff, representatives from (9.4%) of the total homeowners. each of the members of the • Of the total number of "White" HOME Consortium, Orange households, 65.52% ° are County and the Town of homeowners and 34.48/° are Chapel Hill public housing renters. In comparison, of all providers, community and "Black and African American" social service/advocacy households, 42.85% ° are agencies for the disabled, homeowners and 57.15% are housing providers, the local renters. Board of Realtors, and real • The per capita income for the estate firms. County is $25,256. • The median household income for • Analysis of Data Orange County is $56,055, - Locations with a majority of compared to $46,291 for North low- and moderate-income Carolina. residents were identified. • 39.74% of all residents in Orange - Locations with a concentration County are considered low- to of minority populations were moderate-income. identified. • 16.9% of the population in Orange - Fair housing awareness in the County is living below the poverty community was evaluated. level. This has increased from 14.1% in 1999. • Potential Impediments • The percentage of some families - Public sector policies that may with children living below the be viewed as impediments. poverty level is as follows: - Private sector policies that may o Families with related children be viewed as impediments. under the age of 18 is 14.5%. 2 5 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE THE ORANGE COUNTY, NC HOME CONSORTIUM OP rl'NVVo 11,0d o Female-headed families with • 43A% of renter households and related children under the age 32.5% of owner-occupied of 18 is 35.2%. households experienced one of o Families with a householder the four housing problems who is White is 6.1% (incomplete kitchen facilities, o Families with a householder incomplete plumbing facilities, who is Black or African more than 1 person per room, and American is 20.6%. cost burdened by 30% or more). o Families with a householder • In Carrboro 51.1% of renter who is Asian is 15.4%. households and 30.7% of owner o Families with a householder occupied households experienced who is Hispanic or Latino is a housing problem. 29.4%. • In Chapel Hill 54.9% of renter • 44.1% of all renter households are households and 20.5% of owner- cost burdened by 30% or more, occupied households experienced and 12.1% of all owner a housing problem. households are cost burdened by • In Hillsborough 47.3% of renter 30% or more. households and 39.0% of owner- • 28.4% of all renter households are occupied households experienced cost burdened by 50% or more, a housing problem. and 7.7% of all owner households • Throughout Orange County, the are cost burdened by 50% or number of renter households more. experiencing one of the four • The median monthly rent in housing problems is greater than Orange County increased by the number of owner-occupied 22.81% between 2000 and 2011, households experiencing a from $684 to $840, respectively. housing problem. • 47% of all disabled renters have a • In the Town of Chapel Hill renter housing problem that includes households are almost three times cost burdened by 30% or more or more likely to experience a another type of housing problem. housing problem than owner- • 32% of disabled homeowners occupied households. have a housing problem that includes cost burdened by 30% or more or another type of housing ❑ FINDINGS — HMDA DATA problem. According to the Home Mortgage Disclosure Act (HMDA) data: ❑ FINDINGS — CHAS DATA • The percentage of total According to the 2006-2010 applications by Whites accounts Comprehensive Housing Affordability for almost three-quarters (74.3%) Strategy (CHAS) data (the most of the total number of applications, current complete set of the data): regardless of income. 3 6 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE THE ORANGE COUNTY, NC HOME CONSORTIUM OP�rl'NVVo 11,0d� • Loan origination rates are higher social security and public assistance. for White applicants than for Furthermore, 44.1% (8,923) of the minority applicants as a whole, total rental households are cost and minority denial rates are burdened by 30% or more of their higher than White denial rates. monthly income for housing cost. • Conventional mortgages in Orange County made up 32.4% of Impediment 3: Continuing Need for the conventional mortgages in the Accessible Housing Units Durham-Chapel Hill MSA for 2013. There is a need for more accessible housing that is decent, safe, and sound. ❑ IMPEDIMENTS Impediment 4: Economic Issues Orange County's 2015 Analysis of Affect Housing Choice Impediments to Fair Housing Choice There is a lack of economic has identified the following opportunities in the County which impediments: prevents low-income households from Impediment 1: Fair Housing improving their income and ability to Education and Outreach live outside areas with concentrations of low-income households, which There is a need to continue makes this a fair housing concern. educational and outreach programs so persons will become aware of their Impediment 5: Public Policy rights under the Fair Housing Act and There is a need to improve public to raise community awareness to policies that affirmatively further fair affirmatively further fair housing housing. choice, especially for low-income residents, minorities and the disabled population. Impediment 2: Quality of Rental Housing vs. Affordability Orange County has a large supply of rental housing that does not meet the minimum property standards, according to U.S. Census and American Community Survey Data. Over 27% (1,209) of all vacant units are not habitable and 9.9% (5,016) of all individuals are on limited incomes from social security, supplemental 4