Archive: Housing

State by state report on the foreclosure crisis response

Last month, Pew Charitable Trusts published Defaulting on the Dream: States Respond to America’s Foreclosure Crisis, the first comprehensive report on each state’s efforts to respond to the crisis.  Based on statistics obtained from the Center for Responsible Lending, the report states that one in 33 current U.S. homeowners will end up on foreclosure.   For California, the number is 1 in 20.  Uniquely, the report offers sobering statistics with respect to the ripple effect of the crisis, such as the number of neighboring homes in each state projected to experience devaluation in 2008 and 2009 - over 7.5 million in California.  In terms of fixes or responses, the states are all over the map, so to speak.  For instance, while some states, like California and Pennsylvania, have foreclosure intervention laws and regulations, others, such as Illinois and Ohio, also have statewide counseling services and hotlines.  Some states, including Washington, Oregon and Texas, have none of the above.  As the report predicts that there will be 1 million foreclosures in 2009 if homes values continue to fall at the current pace, it urges states to act now with aggressive laws that protect homeowners at risk against scams, and laws that reform underwriting and income verification standards.   Pew also has posted on its webpage related facts sheets for each state.

Race-conscious fair housing and community development key to achieving equity say civil rights advocates

Joining Florence Wagman Roisman’s clarion call in End Racial Segregation: Build Communities that Look Like America, recently posted on this page, two other fair housing/civil rights heavyweights urge the social justice community to fully engage in strategic race-conscious fair housing and community development advocacy as the best way to fulfill the promise of the federal Fair Housing Act, now in its 40th year.

In An Unfinished Agenda: Fair Housing and Community Development To Fight the Vestiges of Segregation, recently published in the Black Agenda Report and ShelterForce Online, renown civil rights attorney Betsy Julian calls on social justice advocates to coalesce around and move forward with an agenda that demands implementation of a true anti-segregation approach in housing and community development policy at the local, state and national levels. Like Roisman, Julian reminds us of the direct connection between government-created and sanctioned housing segregation and discrimination and the ongoing “[r]acial disparities [that] exist in almost every indicator of health and well-being.” She rightly asks whether we in the justice community are complicit in maintaining structurally racist systems when we insist on “colorblindness” and “class over race” as paradigms in approaching our work when, in fact, the demographics reveal stark differences in access to opportunity and decent living conditions between poor whites and poor people of color. Citing successful examples, she urges advocates to pursue impact litigation to address disparities in housing and municipal services and to push Congress and other law-making bodies to remove from the Low Income Housing Tax Credit, HOPE IV Public Housing Program and other programs the components that perpetuate racial segregation.

In Is local housing really fair? (April 26, Press Democrat), civil rights and land use attorney David Grabill also links racially discriminatory zoning practices to school segregation in the context of a critique of Santa Rosa, California’s “inclusionary” zoning ordinance. The ordinance, states Grabill, fails to live up to its title because it allows developers to pay fees in lieu of building affordable units in affluent high opportunity areas, thus excluding low income people who are disproportionately people of color from such neighborhoods and exporting the inclusionary obligation to poorer, mostly of color areas. Grabill offers workable local solutions such as requiring that inclusionary zoning laws apply in single-family home areas and requiring jurisdictions to match their hunger for economic development with a commitment to fairly house the workers that make such development possible.

Seven federal policy recommendations to end racial segregation in America

The Harvard Law & Policy Review Online, published a note, entitled End Residential Racial Segregation: Build Communities that Look Like America, by long time housing advocate and Indiana University law professor Florence Wagman Roisman. After detailing the history of federal policies that have resegregated American cities along racial lines, the author suggests seven common sense initiatives to address the problem. We join Florence in her hope that we soon find leaders with the power, vision and courage to implement these needed changes.

Baltimore sues Wells Fargo for racially discriminatory lending practices

The City of Baltimore filed a federal lawsuit under the Federal Fair Housing Act on January 8 alleging that defendant Wells Fargo Bank intentionally targeted Baltimore’s African-American communities for predatory loans. The complaint further alleges that Wells Fargo’s “reverse redlining” practices have led to very high rates of foreclosure in the city’s African-American and other communities of color costing the city millions in lost revenues and resulting in further distressed and destabilized neighborhoods. The complaint sets forth startling statistics, e.g. a Wells Fargo loan in a predominantly African-American community in Baltimore is four times as likely to be in foreclosure as a Wells Fargo loan in a predominantly white community, and contains several maps to illustrate such disparities, among other thing. Civil rights firm Relman & Dane is representing the city. For recent press on the lawsuit, see Baltimore Is Suing Bank Over Foreclosure Crisis (NY Times, 1/8/08) and Suspect Foreclosures (Baltimore Sun, 1/10/08) or listen to/read National Public Radio’s Morning Edition report (1/11/08) (with links to more maps) Baltimore Blames Bank for Wave of Foreclosures.

GIS tutorial: identifying where low-income homeowners reside to direct foreclosure related services

LSNC and other Legal Services corporations have been inundated with foreclosure related issues in recent months. As most poverty attorneys who have handled a foreclosure case will attest, prevention and early intervention are key to preventing foreclosure. Of course, before you can deliver education and community outreach to LSC eligible homeowners you need to know were they live. You also need to identify where populations of LSC eligible homeowners of color live. In many areas, due to the greater frequency of asset accumulation of Whites, if you do not include a separate analysis of race and ethnicity you will end up serving mostly White LSC eligible homeowners and excluding homeowners of color.

Lets conduct this analysis for Los Angeles County, California, using free online mapping software and free census data extraction tools so that any Legal Services program can replicate this process for their service area if it has a computer, Microsoft Office, and an internet connection. The online mapping software we will use is DataPlace and the free census extraction tool is GIStools. For purposes of space, this tutorial assumes that you have created an account with DataPlace and have downloaded the software and relevant datasets for GIStools.

First, we need to identify what Census data to use. Since we want to identify areas where foreclosure services outreach will have the greatest impact, we need to find the areas in Los Angeles county where there is a high percentage of homeownership and where there is a high percentage of LSC eligible clients. Since we also want to make sure that our outreach effectively reaches all LSC eligible homeowners we also want to find areas where there is a high percentage of homeowners of color and a high percentage of LSC eligible persons.

My suggestion is to use three datasets from the 2000 Census, SF3, to identify areas for possible outreach - P088 (Population by ratio of income to poverty), H007 (Tenure), and H013 (Tenure, White alone not Hispanic). Since we will be using DataPlace to map the data, we need to obtain the data at the Census Tract summary level (the smallest unit of Census geography that DataPlace can map). If I was going to map the data using ArcGIS, I would probably want to obtain the data at the Block Group summary level (the smallest unit of Census geography SF3 data is available at). Using GIStools extract the P088 and H013 data for California at the Census Tract summary level. Open the dbf. files (one for P088, one for H007, and one for H013) using Excel and copy and paste the all the data sets into one Excel spreadsheet (view example). Delete all rows for Census tracts not in Los Angeles county. You can tell which rows are for tracts in Los Angeles County by looking at the FIPSCO column. The first two numbers in the entry (”06″) represent the state code for California. The next three numbers are the FIPS codes for the various coutys in California. Los Angeles county’s FIPS code is “037.” Simply delete all rows where the value of the FIPSCO entry is not “06037″ (view example).

Second, we need to combine some of the data fields to simplify our spread sheet. Columns P088001 - 10 represent the various data fields of P088. Take a look at the Cenus Bureau’s technical documentation of the 2000 Census SF3 file to see what each of these columns represent. Since we want to know the count of person’s below 200% of the poverty level (our approximation of LSC client eligibility), we will create a new column (LSCPOP) that is the sum of P088002 - 09. The values of LSCPOP give us the count of potentially LSC services eligible persons for every Census tract in Los Angeles county (view example). Since it would also be helpful to know what percentage of the population is LSC eligible, lets create a new column (PERLSC) and use Excel to divide LSCPOP by P008001 giving use the percentage of the population that is LSC eligible for every Census tract in Los Angeles county (view example).

Columns H007001 -03 and H013001-03 represent the various data fields of H007 and H013 respectively. Take a look at the Cenus Bureau’s technical documentation of the 2000 Census SF3 file to see what each of these columns represent. We are going to use these columns to calculate the count of homeowners, the count of homeowners of color, and various percentages related to these categories.

The count of homeowners in a Census tract is simply H007002. We need to create a new column (PEROWN) to calculate the percentage of the population in each Census tract that is a homeowner. The values for this column are obtained by dividing H007002 by H007001 (view example).

The count of White homeowners is simply H013002. We need to calculate a new column (PERWHITE) to calculate the percentage of homeowners who are White in a Census tract. The values for this column are obtained by dividing H013002 by H007002 (view example).

We need to create a new column (HOCOLOR) to calculate the count of homeowners of color in a given Census tract. The values for this column are obtained by subtracting H013002 from H007002 (view example). We also need a new column (PERHOCO) to calculate the percentage of homeowners who are homeowners of color in a Census tract. The values for this column are obtained by dividing HOCOLOR by H007002 (view example).

Before we move on to step three, lets “clean up” our spread sheet by deleting columns that we no longer need. Before we do this, copy the whole spreadsheet and “Paste Spacial” it into a new spreadsheet. Paste “Values” only. Take a look at our the “cleaned up” spreadsheet showing the columns that we need to keep (view example). You should also replace all “#DIV/0!” with a null value and delete any extra sheets.

Third, we are going to identify the census tracts in Los Angeles county that will likely be the best areas to provide foreclosure related services to. We need to set the a criteria for identifying the tracts. What criteria you set is, of course, fairly subjective. When I create criteria like this I tend to select criteria that are restrictive enough to eliminate the majority of tracts but not so restrictive that I the pool of identified tracts is too small to be useful. For the purpose of this tutorial, our criteria will that tracts must have (1) 200 or more units that are owner occupied and (2) have a population that is 70% or more LSC eligible.

Screen Capture of Excel document

Create a new column (IMPACT). Using the Excel “If function” calculate whether each tract meets the criteria discussed above. Our “If Function” will read “=IF(PERLSC<.7,"",IF(H007002<200,"",1))"(view example). This formula will return a one in the IMPACT field if the tract meets our criteria and a null value if it does not.

We also need to set our criteria for identifying Census tracts in Los Angeles county that will likely be the best areas to provide foreclosure related services to homeowners of color. For the purpose of this tutorial, our criteria will that tracts must have (1) have 200 or more units that are occupied by an owner of color and (2) have a population that is 70% or more LSC eligible.

Screen Capture of Excel document

Create a new column (RIMPACT). Using the Excel “If function” calculate whether each tract meets the criteria discussed above. Our “If Function” will read “=IF(PERLSC<.7,"",IF(H0COLOR<200,"",1))"(view example). This formula will return a one in the RIMPACT field if the tract meets our criteria and a null value if it does not.

Before we move on to step four, lets “clean up” our spread sheet by deleting columns that we no longer need. Before we do this, copy the whole spreadsheet and “Paste Spacial” it into a new spreadsheet. Paste “Values” only. Take a look at our the “cleaned up” spreadsheet showing the columns that we need to keep. You only need to keep the SFID (tract identifier), IMPACT, and RIMPACT. Delete any blank sheets.In order to upload your data faster to DataPlace, you may want to delete all rows that have a null value for IMPACT and RIMPACT (view example).

LA Foreclosure Outreach Map

Fourth, lets map! Save the Excel file as “Foreclosure Data.” Logon to Dataplace. Select “My Dataplace.” Select “Create New Project.” Title your project and select “Save.” Select “Upload the file from your computer.” Browse to the “Foreclosure Data” and upload it. Select “Extract Tables.” Select “Create Dataset.” Enter the required information. You may leave the default dates or enter todays date. The source of the data is “SF3 2000 Census.”Select “OK.” Select the entry “SFID.” Unselect “Indicator” and select “Part of Region.” Select “Update.” Select “Generate Indicators.” (It will take a few minutes for DataPlace to generate the indicators…be patient.) Lastly, map the indicator of your choice (IMPACT or RIMPACT) and zoom in to the appropriate level so that you can see those Census Tracts were large populations of low-income homeowners live.

Note: Due to the demographics of Los Angeles county, there is almost no difference between IMPACT and RIMPACT. This may not be the case for your service area. For instance, in Del Norte County, California, there was no overlap between IMPACT and RIMPACT.
Next steps: Your maps let you know where you need to conduct outreach and community education based on actual data. This is a much sounder method than relying on your “gut feeling” regarding what communities are likely to need foreclosure related services. Nonetheless, you still need to put on your community lawyering hat, leave the office, and work with community groups; all the analysis in the world will not alleviate the hardships that the foreclosure crisis is creating for low-income homeowners.

E-Newsletter 3.4

The REP is happy to bring you the long-awaited and much-anticipated e-newsletter exploring land use and housing issues faced by low income persons of color. We hope this e-newsletter will shed some light onto how advocates can fight structural and institutional inequity and racism through the creative use of land use and housing law.

The three contributors to this e-newsletter each bring a unique perspective to land use and housing practice. We hope that you will find their articles informative and inspiring. Enjoy.

Using California Law to Advance Race Equity in Land Use, Mike Rawson, Co-director, The Public Interest Law Project.

Public Housing Redux, Demetria McCain, Esq., Director of Advocacy & Education, Inclusive Communities Project, Inc.

Empowering Communities of Color Through Land Use Advocacy, Zenobia Lai, Senior Attorney, Greater Boston Legal Services.

We are still ruminating on the theme of the next e-newsletter. If you have a suggestion, we would love to hear from you.

Public housing redux

As reauthorization of the federal HOPE VI program garners attention from Congress, affordable housing and fair housing advocates have resurrected a broader ongoing debate. Arguments about where the program’s newly rebuilt public housing units should, can and may be placed derive from a variety of civil rights, strategic, constitutional, racist, historical, self-interested and political motivations. Affordable housing and community development advocates seek onsite- or neighborhood-only placement, a position that attempts to address issues associated with gentrifying neighborhoods. Simultaneously, fair housing and civil rights advocates argue for a national policy that takes respective local contexts into consideration and allows for placement of some of the new units in areas outside of where People of Color have been historically segregated and contained by white racist power structures.

The recent history of how the U.S. Department of Housing and Urban Development (HUD) and local public housing authorities (PHAs) have carried out the HOPE VI program is not, on the whole, positive. It is settled among most advocates that “demolition only” activities, without the rebuilding of replacement units, have harmed residents, future residents and neighborhoods in tremendous ways. The harm brought by PHA practices that have disallowed resident participation, lost track of temporarily displaced residents and disallowed them from returning to replacement units cannot be understated. However, the issue of siting shapes the HOPE VI current debate.

During the 1930s, when much of today’s public housing was first built, the reprehensible realities of this country’s documented history of racism controlled every aspect of African Americans’ and other racial and ethnic minorities’ lives; the building of public housing was no exception. Cities and public housing authorities across America used federal monies to house their poor. But while carrying out this facially noble stewardship, the white powers-that-be remained conscious of their white citizens’ interests and the necessary planning ingredients needed to attract new business to their respective cities. Their answer was easy, contain Negro public housing residents to isolated parts of town. While white public housing residents were less isolated, Negro public housing “conveniently” stood in areas that made it easy to withhold city services and ignore development of infrastructure and toxins from nearby environmental hazards. Litigation in a few of these cities has helped eradicate some of these oppressive conditions.

This same litigation (brought on behalf of residents and those on public housing waiting lists) allowed families, who desperately sought relief from oppressive conditions, the protection of their children from deadly neighborhood crime and the aid of better performing schools, to choose to break free of these containment facilities and move to other areas of their regions. This type of choice is the same type that some of these residents’ neighbors, affordable housing and community development advocates, now seek to withhold while arguing for onsite- or neighborhood-only HOPE VI replacement.

Although HOPE VI is a relatively new program, public debate about the placement of public housing has existed at least since 1949—well before the passage of the Fair Housing Act, which requires governmental agencies to administer housing programs in ways that affirmatively furthers fair housing. It was then that Representative Vito Marcantonio took to the congressional floor in support of his amendment to prohibit the use of federal funds that permitted housing segregation. Profoundly, he challenged those who were in favor of affordable housing but fearful of supporting his anti-segregation amendment because, strategically, it would kill the needed support for housing funds. His words ring today as relevant as they did then:

“. . . you have no right to use housing against civil rights. Housing and civil rights are an integral part of each other. Housing is advanced in the interest of the general welfare and in the interest of strengthening democracy. When you separate civil rights from housing you weaken that general welfare. You weaken the democracy that you pretend to strengthen.” Vito Marcantonio, I VOTE MY CONSCIENCE: DEBATES, SPEECHES AND WRITINGS OF VITO MARCANTONIO 307–08 (Annette T. Rubinstein and Associates ed., Vito Marcantonio Memorial 1956) (1935–50).

Many of today’s onsite-/neighborhood-only advocates contend that the anti-segregation argument serves as pretext for the clearing of historically African American neighborhoods of its affordable housing in preparation for the wholesale take over by white yuppies. However, the “silence on the segregation”/“housing today, desegregation tomorrow” strategy, has and continues to play into the hands of law makers’ interest in segregation forever.

For many, the cliché “home is where the heart is” resonates. A number of residents of distressed and disinvested areas understandably wish to remain in their neighborhoods because of the comfort of the familiar, a feeling of ownership, and/or the feeling of responsibility to remain and fight for improvements. However, everyone has not chosen to fight that particular fight, everyone has not realized their personal neighborhood investment, everyone has not found comfort amidst such external oppressive conditions, and for some the unknown is less frightening than that which is known.

To create a national policy that dictates communities in which poor People of Color must live, notwithstanding respective local and regional market considerations and their segregative histories, disregards the interests and rights of public housing residents who wish to presently live under higher opportunity conditions. To create a national onsite- or neighborhood-only policy, is to play a paternalistic role in the lives the public housing resident organizations’ voting minority, non-member residents and future residents. To create such a one size fits all national policy contributes to the maintenance of segregation and flies in the face of the Fair Housing Act and the Constitution.

Civil rights organizations, including the Poverty & Race Research Action Council, the Lawyers Committee for Civil Rights Under Law, the NAACP Legal Defense & Education Fund, the ACLU of Maryland, the Inclusive Communities Project, and the National Fair Housing Alliance have endorsed “A Statement of Fair Housing and Civil Rights Advocates on HOPE VI Reauthorization.” The Statement sets forth ten principles that embody an anti-segregation, pro-housing choice strategy. Additional endorsements may be sent here.

By Demetria McCain, Esq., Director of Advocacy & Education, Inclusive Communities Project, Inc. Inclusive Communities Project is an affordable fair housing organization that works for the creation and maintenance of thriving racially and economically inclusive communities, expansion of fair and affordable housing opportunities for low income families, and redress for policies and practices that perpetuate the harmful effects of discrimination and segregation.

Racial disparities in home loan pricing

A new report from the National Council of La Raza and the National Association of Hispanic Real Estate Professionals reveals that Latino home-buyers are frequently offered higher-than-normal loans. The report suggests that this fact may be due to the wide-spread problem amongst Latino home-buyers of inadequate credit histories and/or other similar documentation.

In similar news, the Los Angeles Times recently reported that African Americans and Latinos are much more likely than Whites to receive high-cost refinancing loans. The report was based on the recently released 2006 HDMA data.

Foreclosure study reveals vast racial disparities

ACORN has published Foreclosure Exposure: A study of racial and income disparities in home mortgage lending in 172 American cities. Based on fairly current home mortgage data (2005) and recent surveys of scores of lending institutions, the report breaks down foreclosure data by state, metropolitan area, race (white, African-American and Latino) and income. The report contains myriad comparative tables, e.g. cities with highest foreclosure rates, 2006; cities with greatest disparity between Latinos and whites in cost of refinance loans. The report concludes that the South is particularly hard-hit by foreclosure and that African American and Latino homeowners were twice as likely to hold a high-cost subprime loan when compared to white homeowners. ACORN make specific recommendations for legislators, lenders and consumers including that lawmakers strengthen predatory lending and fair housing laws to ameliorate the crisis for homeowners, particularly those of color.

Thirty years later….

The Supreme Court decided the seminal case Village of Arlington Heights v. Metropolitan Housing Development Cooperation, 429 U.S. 252, in January of 1977. The decision established that plaintiffs may prove intentional discrimination by showing (1) a pattern of disparate impact that can only be explained by purposive discrimination, (2) a history government actions that reveal a discriminatory decision-making process, or (3) an administrative history that reveals bias or racial animus.

My initial thoughts on Arlington Heights were that it (1) provided a useful “work-around” to the strict requirements of the Intent Doctrine and that (2) I needed to better understand the wealth of case law that applied of the Arlington Heights factors. Imagine my surprise when I discovered that I could count the federal cases applying the Arlington Heights factors on one hand….yikes!

Standing alone in the nearly empty field relevant Arlington Heights case law, Dews v. Town of Sunnyvale, Tex., 109 F. Supp. 2d 526 (2000), systematically applied of the Arlington Heights factors to find in favor of the plaintiffs intentional discrimination claim. Unfortunately, this case will not appear as citing Arlington Heights in one major legal research engine due to careless indexing. Keep your eyes open for the upcoming exhaustive analysis of the Arlington Height factors and the subsequent case law written by one of the participants in the REP seminar at UC Davis School of Law.