U.S. Dept. of Housing and Urban Development

Transcription

1 U.S. Dept. of Housing and Urban Development State of North Carolina Consolidated Plan Partners Raleigh, NC October 25, 2011 Presentation By: David C. Youngblood, Director Office of Fair Housing and Equal Opportunity Greensboro Field Office, Knoxville Field Office (Acting)

2 Social Equity is not about making everything equal. It s about striving to equalize opportunities for all residents to thrive in the community. Perhaps nothing enhances a HUD-driven geographic-based planning grant more than a significant focus on social equity issues. To be meaningful, this concept must not simply be mentioned, but must visibly permeate through all aspects of the planning process and final plan. 2

3 This presentation contains general information on social equity, civil rights and sustainability concepts from the HUD perspective. It should not be construed as technical assistance, nor should the examples given be considered mandatory. Adherence to the concepts contained in the presentation, does not dictate successful procurement of any grant from any source. Social equity and sustainability are broad concepts that are open to interpretation. Though this presentation was developed in response to recent grant programs focused on these concepts, the information contained in this presentation is meant to be easily malleable across all aspects of community development. Dissemination of these ideas is strongly encouraged. 3

4 HUD s mission is to create strong, sustainable, inclusive communities and quality affordable homes for all. 4

5 Sustainable communities are, at the end of the day, places that people want to live. These communities thrive because they are responsive to the needs of the residents. They are safe, clean and healthy places where families can raise children in homes they can afford. They are places where people want to establish businesses and where residents have access to employment opportunities. Above all, these communities are open to, inclusive of, and accessible for everyone. 5

6 We re working to change the way government works, and that means investing tax dollars wisely and well. We want to make sure that when we re building infrastructure, we re considering how housing, transportation, and the environment all impact each other. - President Barack Obama - 6

7 1. Provide more transportation choices. 2. Promote equitable, affordable housing. 3. Enhance economic competiveness. 4. Support existing communities. 5. Coordinate and leverage federal policies and investment. 6. Value communities and neighborhoods. 7

8 Community Development is an umbrella concept consisting of three major subparts. Each subpart has a conceptual overlay that guides all the activities in that subpart. The three subparts are: 1. Infrastructure Investment 2. Community Relations 3. Civil Rights Compliance 8

9 Infrastructure Investment 9

10 Infrastructure Investment should be made in a thoughtful, coordinated manner, acknowledging that there will never be enough resources to do everything we want to do in the community. High-Opportunity vs. Low-Opportunity Model for infrastructure investment: This model consists of identifying the high-opportunity and low-opportunity areas of the community, and then making strategic investments and decisions that simultaneously raise the prospects of low-opportunity areas and promote open and easy access to high-opportunity areas. 10

11 No community can thrive without an adequate degree of retail establishments (I.E. Grocery Stores). Recreation opportunities and Greenspace are critical to the well-being and development of any community. Often, the presence of these things changes a place into a community in which people want to live. Affordable housing is one of the most basic aspects of infrastructure investment and is the sole focus of some funding streams. The critical policy aspect is whether affordable housing benefits the community as a whole, and does not promote pockets of poverty and/or racial and ethnic concentration. 11

12 Thoughtfully ensuring that transportation corridors and resources are utilized appropriately to foster access to all aspects of the community is critical. Evaluating public transportation in regards to whether it links lowopportunity communities with retail and other employment generating opportunities in highopportunity communities would be an example. Often, and counterintuitively, police resources are not allocated appropriately to high-risk communities. Everyone wants to live in a safe environment. Community policing strategies and appropriate allocation of patrol resources are areas to consider. 12

13 Getting more for less has never been more important. Leveraging multiple funding sources for community planning and infrastructure investment is critical to the new age of community development. The impact of private, state & local and federal funds can be multiplied when the funding and planning are coordinated. A rethinking of any pass-through relationship is vital, and this will require significant involvement from elected officials. Without this influence and directed efforts, the pass-through" relationship often becomes little more than an accounting exercise. 13

14 There are numerous ways in which the community can leverage and engage resources that have been previously untapped, and do so in a coordinated manner. Working with local housing developers and state housing finance agencies to increase Low Income Housing Tax Credits (LIHTC) for affordable housing developments would be an example of an area to explore. Another area to explore would be pooling banking resources made available under the Community Reinvestment Act. A strong and coordinated planning effort is required to push initiatives like this in a positive direction. 14

15 Infrastructure Investment is all about producing something tangible and beneficial for the community. Fixing potholes in roads and replacing broken sidewalks are the mundane activities that residents expect from their government. Though those mundane tasks must be accomplished, substantial attention should be given to larger, innovative, systemic and visible projects that really benefit the community. These are the items that get people s attention and reflect favorably on the government entities responsible for getting them done. 15

16 Community Relations 16

17 Connecting with the community involves time and effort, and should be planned in coordinated ways to address specific community issues. Planning activities need to be actively engaged with all facets of the community. Show that your community is a cool place to live. This has more to do with branding than anything else. But the way to brand something as being unique and creative, is to actually do unique and creative things and communicate them appropriately. As an added bonus, most of the time these activities are low-cost or free and residents are generally enthusiastic about being involved! 17

18 Most HUD community development funds come with citizen participation requirements (including sustainability grants). In theory, this is done to promote grassroots planning and implementation of infrastructure investment, but often this has not been the case. What if the community development planning process embraced a strategy where dozens or hundreds of local community leaders and concerned residents helped set the priorities for infrastructure investment? Successful sustainability strategies will include and value input from all aspect of the community, especially disadvantaged and minority communities. 18

19 One of the best ways to promote economic development, especially small business entrepreneurial development is to advertise your communities hip and cool aspects. These are the types of places people want to locate or retain a business. Organizing, promoting and emphasizing the arts and cultural events is a great place to start. These are the types of things that make people say I remember that place. Doing things that address the feel of a community should not be dismissed. Again, most of these activities require very little financial investment, but can reap huge rewards in community relations and economic development. 19

20 The most critical challenge to innovative community relations is simply changing the mindset of community planners and elected officials. Activities that are innovative and creative are almost by definition different than how things have previously been done. The planning entity must have the authority to be a catalyst for real change. Social Equity begins during the initial planning stages. Significant effort should be expended to ensure a very diverse group of partners and contributors actively participate in the grant planning structure and activities. 20

21 Data collection will clearly be critical to demonstrating the extent of the problems that planners are attempting to address, and understanding the impact of proposed activities on local residents. Though data collection is critical at the beginning of the process, innovative data collection strategies throughout the planning and implementation stages of proposed activities, show a true desire to understand the nuanced impact of decisions on residents. 21

22 Community Relations must be an active process where the elected officials and/or planning team members are fully engaged with the community. Zip Code Walks - where the planning team members, together with local elected officials, community leaders and concerned residents walk through a zip code (or other identified boundary) and discuss the issues important in that community is a fantastic community relations tool. Activities such as this generally produce significant positive media coverage when they are well-planned. 22

23 Civil Rights Compliance 23

24 Community Development in general, and the new grant programs specific to sustainability and livability initiatives, along with the many millions of dollars in funding that accompany those activities, have substantial civil rights compliance requirements that are often ignored or neglected until they become very messy and public issues. Civil Rights Compliance is first and foremost about ensuring inclusive communities free from discrimination and providing real opportunities to all segments of the community. 24

25 This is a list of some of the more significant civil rights compliance issues attached to community development funds. A complaint and/or lawsuit could be filed based on the following laws, not just for intentional discrimination, but also based on disparate impact to the noted protected groups. The following list is not meant to be all inclusive or provide technical compliance information. Additional information can be requested. 1. Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color and national origin in programs or activities that receive federal financial assistance. 25

26 2.The Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973 require compliance with a myriad of accessibility issues (both physical and programmatic) for state and local governments (ADA Title II) and entities that receive federal financial assistance (Sec. 504). 3. Limited English Proficiency under Executive Order requires that entities receiving federal financial assistance must develop effective strategies and make appropriate efforts to allow non-english speaking persons to actively engage their programs and services. 26

27 4. Section 3 of the Housing and Urban Development Act of 1968 requires, among other things, that recipients of Community Development Block Grants (CDBG), Neighborhood Stabilization Program (NSP) and HOME Investment Partnership funds (and other grant sources) give preference to low-income local residents when HUD dollars create new employment opportunities. Though this is a great program, compliance has historically been very low. This is beginning to change due to a renewed interest in compliance at the federal level. 27

28 5. Affirmatively Furthering Fair Housing and other requirements of the Fair Housing Act of This provision, along with the implementing regulations, requires that recipients of most HUD community development assistance conduct an Analysis of Impediments to fair housing choice, formulate an action plan to address the impediments and document the actions and results. Complaints, violations and lawsuits under these provisions have caused some of the worst community relations issues for numerous jurisdictions throughout the United States. Discriminatory zoning and land use practices could also be actionable under the FHA. 28

29 U.S. ex rel. ADC v. Westchester County (NY, 2008): Westchester County (a pass-through entity) failed in its duty to affirmatively further fair housing. The County settled the case by returning $30 million to HUD, paying $2.5 million in Attorneys Fees and Costs and investing another $30 million in integrated affordable housing units. Section 3 Complaint against City of St. Paul, MN (2010): Over $10 million in annual HUD funding was threatened before the city voluntarily complied with the applicable provisions, a time consuming and painful process when done under the microscope of a federal compliance review. 29

30 The biggest challenge in community developmentrelated civil rights compliance is understanding the applicable provisions of often complicated requirements that are open to interpretation. Education in this area is paramount, not only for direct recipients of federal funds, but sub-recipients as well. Another challenge is that many times official compliance reviews or filed complaints can be sporadic or infrequent. This can sometimes lead to complacency. Just as someone may lie on their taxes for many years without consequence, eventually they will be caught and negative realities are sure to follow. 30

31 Civil rights compliance activities, when carried out in a proactive and appropriate manner, can not only greatly reduce the liability for the recipient, but can serve a public relations function. Everyone should want open communities free from discrimination. Everyone would rather see jobs created by government contracts go to local residents. Often these things are not only good for the community, but are already required. Few things sour public relations more than reported non-compliance with civil rights laws. 31

32 Learn HUD lingo and incorporate it throughout your community development and sustainability plans. Show that you have taken meaningful steps to evaluate your sustainability plan through a social equity lens. Be very proactive and creative in community engagement and participation activities. Ask your local HUD field office for assistance where appropriate, even if your grant is monitored from Washington. Your local HUD field office wants you to be successful, both in obtaining future grants, and in building strong, sustainable and inclusive communities. 32

33 David Youngblood, Director U.S. Dept. of Housing and Urban Development Office of Fair Housing and Equal Opportunity Greensboro Field Office Knoxville Field Office (Acting) X