HUD Increases Efforts to Reduce Source of Income Discrimination

HUD recently took an important step forward to protect families with vouchers, authorizing the use of federal Fair Housing Assistance Program (FHAP) funds by state human rights agencies for testing and investigation of source of income discrimination cases. This follows a similar 2021 memo authorizing source of income discrimination testing and investigations at HUD funded fair housing centers.

Specifically, HUD informed organizations and agencies funded under HUD’s Fair Housing Assistance Program (FHAP) that funding can be used to support "source of income testing activities, source of income testing projects that are designed to uncover discrimination that violates the Fair Housing Act or substantially equivalent state or local fair housing laws.

In addition, HUD informed Fair Housing Initiatives Program (FHIP) grantees that FHEO will approve and pay for FHIP testing activities as long as they are designed to identify violations of the Fair Housing Act, whether they be instances of intentional discrimination, discrimination with unjustified discriminatory effects or less discriminatory alternatives, refusals to grant reasonable accommodations for persons with disabilities, or cases where discrimination erodes compliance with the duty to affirmatively further fair housing. Some state and local fair housing laws, which have been deemed by HUD as substantially equivalent to the federal Fair Housing Act, may include “source of income” or the like as a protected class. Testing for discrimination because of someone’s source of income could be funded with FHIP PEI funds because such discrimination can violate the Fair Housing Act.

This memorandum also clarifies that FHAP funds can be used to conduct source of income testing activities to detect discrimination that may violate the Fair Housing Act or substantially equivalent state or local fair housing laws. 

In accordance with 24 C.F.R Part 115, FHAP agencies are permitted to use HUD funds to enforce substantially equivalent local or state laws. FHAP agencies may use FHAP funds to conduct source of income testing as an investigative tool in processing dual-filed complaints. FHAP funds may also support source of income testing activities as part of special enforcement efforts, partnerships initiatives, or other fair housing projects developed by FHAP agencies to enforce state or local fair housing laws. 

HUD said that it is doing this because one specific type of source-of-income discrimination - based on someone’s use of a Housing Choice Voucher (HCV) - remains extremely high. This is important particularly because the HCV program is HUD’s primary program to assist very low-income families, elderly persons, and individuals with disabilities to afford decent, safe, and sanitary housing in the private housing market. Under the law, HCV participants can apply to any housing meeting HCV requirements are not located in subsidized housing projects. In practice, housing providers - especially those with units in low-poverty, well-resourced neighborhoods - often refuse to rent or sell to voucher holders. And because households who use HCVs are disproportionately Black, Hispanic, people with disabilities, families with minor children, and female-headed households, discrimination against voucher holders can violate the Fair Housing Act’s prohibition on discrimination because of protected characteristics, including but not limited to race, color, national origin, sex, disability, and familial status.

HUD regards fair housing testing as a critical investigative tool because it effectively detects hidden disparate treatment in housing practices. However, the Department urges FHAP agencies to not limit their testing and enforcement programs to intentional discrimination. HUD encourages testing activities designed to identify discrimination that violates the Act - through disparate treatment or unjustified discrimination. 

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Read HUD's February 12, 2024 Source of Income Discrimination Memorandum.

Study Finds Families Leaving HUD Assisted Housing Likelier to Become Homeowners

A recently-released study conducted by University of California, Berkeley of family households with children who leave HUD’s public housing and Housing Choice Voucher (HCV) programs found that households with children that left public housing assistance saw improvements in the areas they moved to - a significant decline in their neighborhood poverty rate. Although households that exited the HCV program also experienced decreases in their neighborhood poverty, those decreases were smaller than the decline in neighborhood poverty that households remaining in HCV housing had.

"The exploratory findings suggest that when people move out of public housing, they are generally moving to new neighborhoods that have lower poverty rates than the neighborhood of the public housing. However, for voucher tenants leaving housing assistance, their unassisted units are generally in neighborhoods with a similar poverty rate to the neighborhood where they were receiving assistance. This is consistent with previous research showing public housing neighborhoods mostly to have higher poverty rates than voucher tenant neighborhoods.

The persistence of highly concentrated poverty surrounding public housing units speaks to the need for continued place-based investment in the neighborhoods where public housing projects are located, as well as ensuring that those investments do not lead to the displacement of existing residents. Although emphasis on mobility strategies has increased within HUD’s housing assistance programs, it is not realistic to assume that mobility strategies are feasible for every resident in a disinvested neighborhood, nor is it necessarily preferable for low-income people to move out of neighborhoods where they have long-term cultural connections and social ties.

It was also found that for both public housing and the Housing Choice Voucher program, participation in the HUD’s Family Self-Sufficiency (FSS) program boosted the likelihood of homeownership by approximately 25%. Overall, this research provides valuable insight into how households fare after exiting HUD-assisted housing.

The study examined exited HUD-assisted households with children in 14 U.S. counties, administrative data linked with annual residential address, and tenure data from Infogroup."

Source: HUD Office of Policy Research and Development. Examining the Housing and Neighborhood Trajectories for Former HUD-Assisted Households with Children. Prepared by Alex Ramiller & Carolina Reid, UC Berkeley. March 30, 2023.

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Read the February 22, 2024 HUD User article.

Maryland Civil Rights Gala will be on August 24, 2024

 

CLICK HERE TO PURCHASE TICKETS  Maryland Commission on Civil Rights Biennial Civil Rights & Fair Housing Gala Celebration "Celebrating Milestones: Pivotal Moments in History" Please Join Us To Celebrate Our Honorees! ​Governor Wes Moore Lt. Governor Aruna Miller Comptroller of Maryland - Brooke E. Lierman, Esq. Maryland Attorney General - Anthony G. Brown Superintendent MSP - Colonel Roland L. Butler, Jr., President and CEO of the National Fair Housing Alliance - Lisa Rice Saturday, August 24, 2024 6:00 pm until 10:00 pm at the Maryland Live! Hotel Ballroom 7002 Arundel Mills Circle #7777 Hanover, Maryland 21076

The Maryland Commission on Civil Rights is excited to announce that our Biennial Civil Rights & Fair Housing Gala Celebration will be held on August 24, 2024, from 6:00pm to 10:00pm at the Maryland Live! Hotel Ballroom in Hanover, Maryland. This year, our theme is “Celebrating Milestones: Pivotal Moments in History.” In recent years, state and local organizations have achieved crucial milestones through their diversity in leadership. The values of cultural diversity and inclusiveness involve respect for and acceptance of different philosophies and values. By incorporating different cultures, we can inspire innovations and excellence in our lives, workplaces, communities, and the world. We look forward to seeing everyone there! Ticket Prices & Sponsorship Opportunities

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Baltimore City Civil Rights Week 2024 RFP Due May 31st

 

SUBMIT A PROPOSAL! This year, the Baltimore City Office of Equity and Civil Rights is excited to be hosting the 5th annual Civil Rights Week (October 6th - October 12th) here in Baltimore as we celebrate the 60th anniversary of the historic signing of the 1964 Civil Rights Act. Civil Rights Week is a series of FREE events over seven days which bring together academics, policy makers, service providers, activists, grassroots leaders, and members of all types of communities in our city together. In many respects, Baltimore, is one of the true homes of the civil rights movement. From the founding of the Baltimore City Equal Employment Opportunity Commission in 1956 to the establishment of the Police Accountability Board in 2022, Baltimore and the beautifully diverse people that make up our communities have fearlessly stood at the front lines of this fight. The City of Baltimore and the Office of Equity and Civil Rights are honored to be the beneficiaries of that work and the guardians of that legacy.  Governor Moore has declared 2024 to be "The Year of Civil Rights". With the same energy and spirit, we are happy to share that our theme for Civil Rights Week 2024 will be "From Protest to Progress!". Put yourself in a reflective and prospective mindset as we dissect false and systemic barriers and take the opportunity to learn about and celebrate the people and ideas that have made Baltimore a more equitable place to live. You can follow the links below to learn more about the different divisions that make up OECR and how your proposal can tie into some of the amazing work they do: -Police Accountability Division -Wage Commission -Women's Commission -Commission on Disabilities -Equity Division -Community Relations Commission Proposals for programs are now open and will be accepted until May 31st, 2024, at 11:59 PM.   To submit a proposal, please complete this online form: https://forms.office.com/g/39LGUWHxtE  If you require accommodations or other assistance to submit a proposal, please contact Jumel Howard at jumel.howard@baltimorecity.gov for further assistance.  Guidelines for Proposals:   Proposal topics should be relevant to the main theme of the week, "The Year of Civil Rights: Equity, Then and Now" Proposals should be focused on the local Baltimore (City and/or County) area and how equity, civil rights, and inclusion in process have evolved in Baltimore between the signing of the 1964 Civil Rights Act and today.  Activists, service providers, policy makers, scholars, clients, artists, and other Baltimore-based change-makers are all welcome as potential panelists!  When writing the proposal description be sure to include a title and brief (roughly 100 words) description of your proposed panel, workshop, or other interactive formats. Proposed presenters must have already agreed to participate BEFORE proposal submission.  No incomplete proposals will be considered. This means all participants must be identified and their contact information provided, and all aspects of the associated program and costs are included in the proposal. Proposals with any associated costs must include a plan to cover those costs.   Individuals and organizations who have presented in prior years are more than welcome to submit proposals for this year! However, please be sure that the proposal presents different material than has been presented in the past.  We do not include panels that are solicitations or advertisements for businesses or personal services.  Preference will be given to proposals that incorporate the voices of minority, immigrant/refugee, low-income, or LGBTQIA+ communities. We will also give consideration to proposals that include presenters in multiple roles and/or from more than one organization/institution. For example: (a service provider, scholar, and client from one organization, or representatives from two or more organizations working in collaboration. Submission Timeline:   May 31, 11:59pm (EST): Deadline for proposal submission.   May 15: Notification of acceptances.  June 28: Participant and OECR Introduction/Q&A Session. August 1: General registration opens. August 1st - 15th: Venue walk-throughs. Sunday, October 6th - Saturday, October 12: Baltimore City Civil Rights Week!

20 Boston-area landlords & property companies sued for discrimination

Housing Rights Initiative (HRI), a nonprofit housing watchdog group, has sued 20 Boston-area property companies and real estate brokers for allegedly discriminating against low-income tenants. The lawsuit, brought by the Lawyers for Civil Rights (LCR) and Handley Farah & Anderson, alleges landlords and brokers refused to rent to tenants with government-subsidized housing vouchers - which is illegal in Massachusetts. This is the first of its kind in Massachusetts.

LCR said in a statement that HRI used "testers" to act as prospective tenants requesting information about apartments. The companies and brokers at first "responded positively" to the inquiries, but then allegedly refused to accept housing vouchers, often called "Section 8" vouchers. Discrimination against voucher-holders continues patterns of de facto racial segregation among Boston neighborhoods, as residents of color thus must use housing subsidies solely in low-income areas with fewer public resources than predominant white neighborhoods.

The suit, filed in Suffolk Superior Court, includes photos of alleged conversations in which landlords and property brokers appear to tell prospective tenants they do not accept the vouchers. "One takeaway from our year-long investigation is that housing discrimination is alive and well in Boston," said Aaron Carr, HRI founder and executive director. He said the defendants named in the suit represent only "the tip of a very discriminatory iceberg," claiming many other landlords and brokers engage in similar practices.

The trade association MassLandlords commented that the state should provide better training to landlords on navigating housing laws and help simplify the process of renting to those with housing vouchers. None of the defendants appear to be members of the association.

HRI has brought similar lawsuits against real estate companies in New York City. "This is a national issue," Carr said, "but in Boston it seems particularly pronounced, which makes sense because Boston has a very tight market and in tight markets a lot of times you see shenanigans like this one."

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Read the February 21, 2024 WBUR article.

Click here to download the complaint.

Maryland Commission on Civil Rights and the SCREA Are Working Together to Reduce Discriminatory Housing Appraisals

The Maryland Commission on Civil Rights (MCCR) and the Maryland State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors (SCREA) will work together regarding fair housing issues and complaints regarding real estate appraisals. The main goal of this interagency cooperation agreement is to better enforce Title 20, Subtitle 7 of the Annotated Code of Maryland concerning appraisal bias.

This is being done because recent research suggests that there are racial and ethnic differences in home valuations. According to the Federal Housing Finance Agency’s 2021 appraisal statistics, 23.3% of homes in high minority tracts (80.1-100%) were undervalued. This is compared to 13.4% of homes in White tracts (0-50%) and 19.2% in minority tracts (50.1-80%). Bias plays a major factor in this statistic. While home appraisals are supposed to be independent, fair and objective estimates of market value so lenders can accurately evaluate risk, the results depend upon the appraiser’s expertise and familiarity with the neighborhood. The appraisal industry remains one of the country’s least diverse professions; 98% of appraisers are White, according to the U.S. Bureau of Labor Statistics.

“This is one of the major economic barriers that prohibit people of color from gaining generational wealth,” said Cleveland L Horton, II, Deputy Executive Director of MCCR. “By MCCR and SCREA formally working together, we can improve the appraisal process and create an equitable system that can be used to lift all Marylanders up the proverbial economic ladder.”

A formal memorandum of understanding solidifying this interagency cooperation between MCCR and SCREA will be signed on February 26th at 10 a.m. in MCCR’s headquarters (6 St Paul Street, Suite 900, Baltimore MD 21202.)

The Maryland Commission on Civil Rights (MCCR) represents the interest of the State to ensure equal opportunity for all Marylanders through enforcement of Title 20 of the State Government Article and Title 19 of the State Finance & Procurement Article, Annotated Code of Maryland.  MCCR investigates complaints of discrimination in employment, housing, public accommodations, health services, commercial leasing, and state contracts that are filed by members of protected classes under federal and state law.

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Read the February 15, 2024 MCCR press release.

MCCR & Baltimore Leadership School for Young Women present "Artistic Expression of Black Heritage: Celebrating Creativity" on February 21st

 

MCCR, in partnership with Baltimore Leadership School for Young Women, present "Artistic Expression of Black Heritage: Celebrating Creativity" at the Enoch Pratt Central Library (400 Cathedral St, Baltimore, MD 21201) on February 21, 2024 from 5pm - 6:30pm.  Click HERE to register.     Victim of Discrimination? Training & Partnerships HOME      ABOUT MCCR      SERVICES      PUBLICATIONS      EVENTS      PRESS      CONTACT US