HUD Will Enforce Obligation to Affirmatively Further Fair Housing!

Cities and counties that receive federal funding for housing and community development activities are required to sign a pledge to "affirmatively further fair housing." But that pledge has rarely been enforced by HUD in the roughly 40 years that it's been required. Recently, in a case brought by a fair housing enforcement group, a court found that wealthy Westchester County outside of NY city violated its pledge by allowing areas within the county to restrict development of affordable housing. The court ordered the county to develop a plan to build affordable housing in some of its more exclusive areas like Scarsdale, and to set aside $70 million in funding to assist with the development. The plan proposed late last year by the county provided for 750 units of affordable housing, but was unclear about where the housing would be located, and advocates feared that the county would continue to exclude affordable housing from wealthier neighborhoods, and that HUD would continue to look the other way.

But in a remarkable op ed piece in today's Westchester Journal News, Assistant HUD Secretary John Trasviña slammed the county for continuing to try to evade its affirmative housing pledge. This is a big step forward for HUD. From the op-ed:

"Our nation's commitment to equality can be found in many places in our society — in our history books, in our polling places and our places of employment. Among the most important places it can be found are our homes and neighborhoods, the latter of which fundamentally shape our futures by determining where our children go to school and what jobs are nearby.

"Diverse, inclusive communities offer the most educational, economic and employment opportunities to their residents. They cultivate the kind of social networks our communities and our country need to compete in today's increasingly diverse and competitive global economy. Indeed, studies have proved that students of all races and backgrounds are better prepared for the work force and engage in more complex and creative thinking when they learn in a diverse environment.
"Despite these documented benefits, we know that racially segregated neighborhoods of concentrated poverty resulted not in spite of government — but in many cases because of it. And not just at the federal level. That is why in order to receive federal funds local jurisdictions must analyze and take action to address residential segregation and discrimination. It is this obligation that the court found Westchester County failed to fulfill in a recent case brought by a civil rights organization. To ensure the county did not lose access to millions of federal dollars, the U.S. Department of Housing and Urban Development brought the parties together to reach an agreement in which Westchester would provide 750 affordable, accessible homes over the next seven years in neighborhoods with little racial diversity.

"In the settlement, Westchester agreed to use its legal and financial resources to end practices, such as exclusionary zoning, that limit diversity and follow through on its commitment to promote stable, inclusive communities. HUD expects the county to carry out the letter and the spirit of the settlement."

That's progress!