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Fair Housing Advocates of Northern California
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    • April: Fair Housing Month
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  • Fair Housing Conference 2022

Fair Housing Advocates of Northern California Negotiates Settlement of Disability Discrimination Complaint on Behalf of Client

5/5/2022

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May 5, 2022
 
FOR IMMEDIATE RELEASE
 
Contact:
Caroline Peattie, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org
 
Announcing: Fair Housing Advocates of Northern California Negotiates Settlement of Disability Discrimination Complaint on Behalf of Client
 
San Rafael, CA – Just before Fair Housing Month was celebrated in April, a settlement agreement was executed in a gender and disability discrimination complaint brought by Fair Housing Advocates of Northern California (FHANC) and one of its clients against Bret Andrews. The complaint, filed in February 2021 with the Department of Fair Employment and Housing (DFEH), alleged that Mr. Andrews discriminated against her in violation of federal, state, and local fair housing laws. 
 
The client, a Mill Valley tenant of approximately ten years, alleged that Bret Andrews sexually harassed her, retaliated against her for refusing his sexual advances, and failed to accommodate her disability on multiple occasions. She alleged that the sexual harassment was not an isolated incident, but a series of incidents over the course of years during her tenancy at Mr. Andrews’ property, and that following her rejection of his sexual advances, he began retaliating against her by communicating with her in a hostile and unprofessional manner, frustrating her efforts to get repairs.
 
The client contacted FHANC in May 2020, seeking advice about her fair housing rights, sharing information about her disability and need for reasonable accommodations. FHANC requested reasonable accommodations on her behalf, which included a request that Mr. Andrews cease from engaging in any hostile, retaliatory, or unprofessional behavior toward her; that he contact her only via email, except in an emergency; give her reasonable notice for entry into her unit; refrain from sharing personal information about her with others; and refrain from entering her unit for any reason other than an emergency during the Covid-19 pandemic and, in the event of entry, take precautions to protect her health and safety, including social distancing and wearing a mask.
 
The complaint against Mr. Andrews asserted that while he agreed to grant some of her reasonable accommodation requests, he failed to grant her request to cease hostile communications and continued to act in a hostile manner toward both her and FHANC’s attorney during the negotiation process, and that he violated her fair housing rights by deliberately frustrating and delaying the reasonable accommodation process by requesting extraneous and unnecessary documentation, refusing to meaningfully engage in the interactive process as required by fair housing law, and imposing unnecessary and unduly burdensome conditions before considering her requests. FHANC also filed a complaint, asserting that the agency’s resources had been diverted and its mission frustrated by Mr. Andrews’ discriminatory actions.
 
Mediation resulted in a settlement agreement compensating FHANC’s client $60,000 and FHANC $30,000. Additionally, Mr. Andrews and all his employees and agents who have contact with residents or prospective residents at any California property he owns will attend comprehensive fair housing training with a fair housing group. In addition, he agreed not to engage in unlawful discrimination in housing.
 
The agreement was signed by all parties in March 2022.
 
“It was extremely unfortunate that our client had to suffer through such a difficult experience and ultimately felt forced to move out, incurring moving and other expenses, even after our intervention and our reasonable accommodation request on her behalf,” said Caroline Peattie, Executive Director of FHANC. “Your home should be a place where you feel safe. We hope that the fair housing training that Mr. Andrews undergoes will help him better understand his boundaries as a landlord as well as his obligation when a person with a disability requests a reasonable accommodation.”
 
FHANC’s client was represented by FHANC Housing Counselor John Froggatt, and Supervising Attorney Julia Howard-Gibbon represented FHANC.

If you feel you may have experienced housing discrimination, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101 or fill out an online intake at https://www.fairhousingnorcal.org/.
____________________________________________________________________________________________
 
Fair Housing Advocates of Northern California (FHANC) is a non-profit organization whose mission is to ensure equal housing opportunity and to educate our communities on the value of diversity in our neighborhoods. FHANC serves several Bay Area counties and provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information. Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD
DOWNLOAD PRESS RELEASE
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Virtual Fair Housing Conference 2022

4/11/2022

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April 11, 2022

FOR IMMEDIATE RELEASE

Contacts:
Caroline Peattie / peattie@fairhousingnorcal.org
Adriana Ames / adriana@fairhousingnorcal.org
 
RE: Upcoming Virtual Fair Housing Conference 2022

On Wednesday, April 20, Fair Housing Advocates of Northern California (FHANC) will celebrate Fair Housing Month and the anniversary of the passage of the Fair Housing Act by presenting a virtual conference, “Investing in Our Future: Fair Housing and Race-Conscious Policies.”
 
The presenters will address strategies and possibilities for advancing fair housing and racial equity via race-conscious housing policies, through legislative, legal, administrative, as well as media- and advocacy-driven approaches. The event will bring together community members, non-profits, advocates, real estate professionals, and municipal leaders and staff to address pressing fair housing issues affecting our communities, offering strategies to re-energize fair housing initiatives. 
 
The conference will be moderated by Jorge Andres Soto, Associate Vice President of Advocacy & Government Affairs at the National Fair Housing Alliance, and will feature the following speakers and subjects:
 
  • Andrés Ramos, Legislative Counsel - Public Advocates: Fair Housing Investigations - Two-Party Recording in the California Legislature
  • Fred Freiberg, National Field Consultant – Fair Housing Justice Center
  • Erwin Chemerinsky, Dean - University of California, Berkeley School of Law: Legal Perspectives on Race-Conscious Housing Policies
  • Nikitra Bailey, Senior Vice President of Public Policy - National Fair Housing Alliance: Utilizing Race-Conscious Housing Policies to Drive Inclusive Economic Growth
  • Julian Glover, Race, Culture & Social Justice Reporter - ABC News: Undervalued | Undefeated: Combatting Appraisal Discrimination in Black & Brown Neighborhoods
  • Margaretta Wan-Ling Lin, Executive Director - Just Cities/The Dellums Institute for Social Justice: Fair Housing in a Time of New Jim Crow and Green Gentrification
 
Panelists for the Appraisal Discrimination session include Paul Austin and Dominique Colon (FHANC Clients) and Liza Cristol-Deman (Attorney at Law, Brancart & Brancart).
 
General admission is $25, with scholarships available upon request. Visit FHANC’s conference page for more information, including presenters’ bios, or to register for the event:
https://www.fairhousingnorcal.org/fairhousingconference2022.html

For more information, to request a scholarship, or for any special needs, contact Adriana Ames, Education Director, at adriana@fairhousingnorcal.org.

The conference is presented by Fair Housing Advocates of Northern California and sponsored by:   
Mechanics Bank, Marin Community Foundation, California Association of Realtors, First Federal Savings and Loan, Westamerica Bank, Marin Association of Realtors, Marin Sanitary Service, and Marin Interfaith Council.

--------------------------------------------------------------------------------------------------------------------------

Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI210037. Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD.
Founded as a non-profit in 1986, Fair Housing Advocates of Northern California (FHANC) serves several Bay Area counties, providing fair housing counseling, investigation, intervention, and legal referrals to persons experiencing housing discrimination. FHANC conducts outreach activities and offers programs that educate the community about fair housing and the value of diversity, conducts trainings for housing providers, and offers pre-purchase and foreclosure prevention counseling and education.  FHANC is a HUD-Certified Housing Counseling Agency. Please contact FHANC at (415) 457-5025 or TDD: (800 )735-2922 for more information, or visit www.fairhousingnorcal.org. Se habla español. Wheelchair accessible.

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Fair Housing Advocates of Northern California and Other Fair Housing Groups Reach Historic Settlement with Fannie Mae Focused on Rebuilding Communities of Color

2/7/2022

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In the News: 
  • Feb. 7, 2022 - SF Chronicle "​Fannie Mae must pour $53 million in aid to settle suit over housing discrimination"
February 7, 2022

FOR IMMEDIATE RELEASE

Contact: 
Caroline Peattie, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org

Fair Housing Advocates of Northern California and Other Fair Housing Groups Reach Historic Settlement with Fannie Mae Focused on Rebuilding Communities of Color
 
The settlement will directly and immediately benefit the communities of color throughout the Richmond, Oakland, and Vallejo areas and nationwide hit hardest by the foreclosure crisis and its aftermath. 
 
San Rafael, CA — Today, Fair Housing Advocates of Northern California (FHANC), along with the National Fair Housing Alliance (NFHA) and 19 other local fair housing organizations throughout the country, reached a landmark $53 million agreement with Fannie Mae (formally known as the Federal National Mortgage Association) to resolve a case arising from allegations that Fannie Mae treated foreclosed homes in communities of color unfavorably. The settlement will help rebuild and strengthen communities of color in 39 metropolitan areas including the metro area of Vallejo – Solano County – as well as the metro area of Richmond and Oakland. In the case, FHANC and the other plaintiffs alleged that Fannie Mae maintained and marketed its foreclosed homes in predominantly White neighborhoods while allowing similar homes in communities of color to fall into disrepair and that this differential treatment exacerbated the damage caused by the 2008 mortgage crisis and impeded recovery from the crisis in neighborhoods of color. The case was the first time a federal court confirmed the nation’s fair housing laws cover the maintenance and marketing of Real Estate Owned (REO) properties. 
 
“I am really pleased that we have been able to settle this case so we can begin to apply settlement funds toward the revitalization of the Vallejo, Richmond, and Oakland communities,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “We poured a lot of time and effort into investigating the differences between the marketing and maintenance of foreclosed homes in communities of color compared to White communities, because we knew how big an impact this can have on the health and well-being – financial and otherwise – of neighborhoods with foreclosed properties. We are excited that Fannie Mae has made the commitments it has in this settlement and are looking forward to the positive changes the settlement funds can make in the areas of Solano County, Richmond, and Oakland, as well as the other metro areas across the country.” 

The plaintiffs’ 2016 allegations against Fannie Mae arose after a comprehensive, four-year investigation of more than 2,300 Fannie Mae-owned foreclosed properties in 39 metropolitan areas in the country. Of those properties, 68 were located in Vallejo and other Solano County cities and towns, and 88 in the Richmond/Oakland area. The plaintiffs collected more than 49,000 photographs revealing poorly maintained properties in Black and Latino communities, particularly as compared to properties in predominantly White neighborhoods.
 
Today’s agreement has far-reaching implications. FHANC and the other plaintiffs will invest the vast majority of the settlement monies directly back into the communities they allege were harmed by Fannie Mae’s conduct. Specifically, plaintiff organizations will use over $35 million of the settlement to promote home ownership, neighborhood stabilization, access to credit, property rehabilitation, and residential development in the 39 metropolitan areas at issue in the case. The plaintiffs will manage and disburse the settlement funds, providing much-needed grants, including for down-payment assistance for first-generation homebuyers and renovations for homes that languished in foreclosure. The grants will also include innovative programs and partnerships to promote fair housing. 
 
Fannie Mae implemented practices that will help avoid similar harmful treatment of communities of color in the future, including increasing its oversight of maintenance of properties it owns, prioritizing owner-occupants rather than investors as purchasers of REOs, and ensuring that it complies with fair housing laws, including by providing fair housing training to its employees and vendors.
 
Fair Housing Advocates of Northern California and the other fair housing groups are represented by noted civil rights law firms Relman Colfax PLLC and Dane Law LLC. The organizations were also represented by Morgan Williams, NFHA’s General Counsel, and Julia Howard-Gibbon, Supervising Attorney of Fair Housing Advocates of Northern California.
 
###
 
About Fair Housing Advocates of Northern California

Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information.

Note: The work that provided the basis for this investigation was supported in part by funding under grants from the U.S. Department of Housing and Urban Development. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD
Click Here to download the press release
Click here to download the Complaint
Click here to download the Settlement agreement
Click here to Read the original press release
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Groundbreaking Report Identifies Bias and Systemic Barriers in Real Estate Appraisals

1/19/2022

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FOR IMMEDIATE RELEASE

January 19, 2022
Media Contact: Izzy Woodruff | 202-898-1661 | IWoodruff@nationalfairhousing.org

Groundbreaking Report Identifies Bias and Systemic Barriers in Real Estate Appraisals

The federally-funded report produced by the National Fair Housing Alliance and its partners raises serious concerns about the standards and criteria related to the appraisal of residential real estate, which often represents a family’s largest asset.

Washington, D.C. — Racial discrimination in home appraisals continues to affect Black and Latino homeowners throughout our country, and a new federally-commissioned report from the National Fair Housing Alliance (NFHA) identifies recommendations to address this crisis. Documented instances of appraisal discrimination along racial lines in California, Florida, Colorado, Indiana, and other areas are reflective of practices that restrict housing and lending access for families of color nationwide. Conducted by NFHA, Dane Law LLC, and the Christensen Law Firm (the “NFHA Consortium”), the “Appraisal Standards and Appraiser Criteria report” is the most comprehensive review of bias in the appraisal industry to date, and it presents a roadmap for Congress, regulators, advocates, and the industry to address the nation’s long legacy of bias in the valuation of real estate and build a future in which a family’s most valuable asset is treated fairly.

The comprehensive and independent review by the NFHA Consortium was commissioned by the Appraisal Subcommittee (ASC) of the Federal Financial Institutions Examination Council and managed by the Council on Licensure, Enforcement and Regulation. The goals of the report included an assessment of whether the Uniform Standards of Professional Appraisal Practices (“Appraisal Standards”) and Appraiser Qualifications Criteria (“Appraiser Criteria”) encourage or systemize bias and that both consistently support or promote fairness, equity, objectivity and diversity in both appraisals and the training and credentialing of appraisers. 

“Our report details a comprehensive analysis of structural challenges in Appraisal Standards and Appraiser Criteria that impacts every homeowner in the U.S.,” said Lisa Rice, President and CEO of NFHA. “It also highlights the deep inequities and systemic issues of bias in the appraisal industry that restricts homeownership and important lending opportunities for people of color. While we’ve done the work of identifying the obstacles and outlining a number of fixes, we call on federal regulators, Congress, the industry, and fellow advocates to work together to enact the meaningful changes called for in our report. Any entity with a role in the appraisal process has a responsibility to help address these inequalities.”

The report’s recommendations are outlined below:

Governance of the Appraisal Industry
  • Due to the important role appraisals play in the residential housing market and consumers’ financial situations, the Appraisal Foundation’s legal authority should be considered for further review.
  • The Appraisal Foundation should take steps to enhance inclusiveness and ensure the voices of civil rights and consumer advocates are included in a meaningful way on their board of trustees and in their rulemaking procedures.

Gaps in Fair Housing Requirements and Training
  • The Appraisal Standards Board should revise the Uniform Standards of Professional Appraisal Practice (“Appraisal Standards”) to clearly state that discrimination in appraisals is prohibited.
  • Fair housing training ought to be required for every appraiser to obtain, and maintain, their credentials.
  • The Appraisal Foundation should work with civil rights experts to develop comprehensive fair housing training in required initial and continuing education courses. The fair housing training module in the current 2022-2023 USPAP Standards continuing education course should be revised immediately to ensure the training is comprehensive and accurate.
  • The Appraisal Foundation should work closely with the U.S. Department of Housing and Urban Development, the U.S. Department of Justice, the Federal Housing Finance Agency, and other regulators and enforcement agencies to develop, improve, and implement fair housing training. 

Barriers to Entry to the Appraisal Profession
  • The Appraiser Qualifications Board should work with civil rights experts and other stakeholders to analyze barriers to entry to the appraisal profession and identify disparate impacts on potential appraisers of color.
  • Given the deep racial and gender disparities in the industry, consideration should be given to amending the appraiser qualification requirements, including the Supervisory Appraiser criteria, to ensure women and people of color can gain the training and practical experience needed to become certified and/or licensed appraisers.
  • The Appraisal Foundation should continue and expand outreach to women and individuals of color, ensure the demographics of those entering the profession are transparent, and provide new professionals with the tools they need to be prepared for the future with respect to the use of new technologies in the field. 

Compliance and Enforcement
  • The report identified a need for additional data to help reform the appraisal industry. Government entities, Fannie Mae and Freddie Mac, along with others in the industry should work collaboratively to release appraisal data sets to help reduce bias and develop better compliance and monitoring systems.
  • Government Sponsored Enterprises (GSEs), lenders, appraisers, civil rights, and consumer advocates should use data science tools to develop more robust compliance management systems to prevent and remedy fair housing violations in appraisals.
  • The Appraisal Standards Board should consider amending USPAP Standards to require appraisers to identify mortgage borrowers as “intended users” of appraisals.
  • The Appraisal Foundation, government entities, GSEs, and lenders should develop standards and guidance for appraisers regarding the Reconsideration of Value process to provide for fairness, transparency, and accountability. 

Click here to read ASC’s statement on the report. 

Click here to read the full report.

Click here to read the Appraisal Study Overview.

For years, NFHA has led the fight against racism and other forms of discrimination in home appraisals. In February 2021, NFHA called on the Federal Housing Finance Agency to address the specific issues in appraisal policy that cause race-based discrimination. 

###

The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 200 fair housing and justice-centered organizations throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities. 
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Discrimination Lawsuits Filed Alleging Race Discrimination in Home Appraisal Process

12/2/2021

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Download PAVE report featuring the Austin case
Click here to download the Press Release
Watch the PAVE roundtable announcement Feat. the Austins
Click here to download the complaint
Click here to read about this case "In the News":
  • Dec. 3, 2021 Article in the North Bay Business Journal
  • Dec. 3, 2021 Article in the KCBS Radio All News website
  • Dec. 5, 2021 Article from the San Francisco Chronicle
  • Dec. 6, 2021 Article from the Washington Post
  • Dec. 6, 2021 Article from the Housing Wire
  • Dec. 8, 2021 Article from the Marin Independent Journal​​
  • Dec. 8, 2021 Interview with the Austins on CBS Mornings YouTube channel
December 2, 2021
 
FOR IMMEDIATE RELEASE
 
Contact:
Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org
 
Julia Howard-Gibbon, Supervising Attorney, Fair Housing Advocates of Northern California
(415) 483-7516, julia@fairhousingnorcal.org

Discrimination Lawsuits Filed Alleging Race Discrimination in Home Appraisal Process
 
San Rafael, CA – Today, Fair Housing Advocates of Northern California (FHANC), Tenisha Tate-Austin, and Paul Austin announce the filing of a fair housing lawsuit in federal district court alleging housing discrimination due to race in the appraisal process. The named defendants are Janette Miller, a licensed real estate appraiser; Miller and Perotti Real Estate Appraisals, Inc.; and AMC Links LLC, an appraisal management company. The complaint can be found here.
 
In December 2016, Tenisha Tate-Austin and Paul Austin, a Black couple, purchased a house in Marin County, California and moved into their house with their children. After spending thousands of dollars on renovations that increased the square footage of the house and upgraded many features, and beginning renovations on an accessory dwelling unit, they decided to refinance their mortgage in 2020.
 
Janette Miller was hired through AMC Links LLC to inspect the Austins’ house and prepare an appraisal report. She appraised the Austins’ house at $995,000. Suspecting that their race and the racial demographics of the unincorporated area known as Marin City – where their house is located – played a role in the appraiser’s surprisingly low estimate of value, the Austins had a second appraisal completed three weeks after the first appraisal inspection by a different appraiser. In this appraisal, the Austins erased any evidence of their racial identities inside their house, removing family photos and African-themed art. Their white friend, who replaced the Austins’ family photos with photos of her own family, was the only person present during the second inspection. That appraisal came back with a value of $1,482,500, nearly half a million dollars higher than Ms. Miller’s estimate.
 
“We believe that Ms. Miller valued our house at a lower rate because of our race and because of the current and historical racial demographics of where our house is located,” said Paul Austin. “The sales comps that the appraiser chose to use were unsuitable and were guaranteed to lower the value of our house.”
 
“Unfortunately, the Austins are not alone in their experience,” said Caroline Peattie, Executive Director of FHANC. “Discrimination in the appraisal process is something we’ve been seeing more frequently, probably because there has been more attention paid to this issue, and more homeowners of color are coming forward when they receive an unfair appraisal, particularly when it results in their loan being denied. There are studies that show that Black and Latinx applicants are more likely than white applicants to receive an appraisal value lower than the contract price of a home. These studies show that appraisers choose comparisons (comps) of other property sales located substantially closer to the property being appraised if it’s located in a Black or Latinx census tract than if it’s located in a white census tract – so we know that appraisers still view neighborhoods, and relevant comps, based on racial demographics. We believe that this is exactly what happened with the Austins’ appraisal.”  
 
The complaint maintains that using comparisons of other property sales located exclusively or primarily in Marin City results in a skewed and race-based valuation of the property, because selecting comps from areas that have been historically devalued by discrimination perpetuates and exacerbates the undervaluation of Black-owned homes in Black neighborhoods.
 
In order to reach an unbiased estimate of value, the complaint asserts, it is necessary to look outside of Marin City, particularly because Marin City has a very small number of property sales every year – most of which were not comparable to the Austins’ house. In addition, the complaint asserts that it was improper and discriminatory for Miller to decrease her estimated value of the Austins’ house based solely on its location in Marin City.  
 
Additionally, Ms. Miller’s market analysis of Marin City speaks only to market trends before the 2007 recession and ends at 2008, with no analysis of recent trends. Her appraisal notes that “during 2008… many communities in the Bay Area began to feel the effects of tightening credit and deteriorating economic conditions.” However, she uses a different period of time for her market analysis of Sausalito, noting increasing home values in the city since 2014. She writes, “values [in the City of Sausalito] have increased since 2014 with a recent stabilization of values as evidenced by MLS year-end data for all residential properties sold.” These outdated analyses of market trends resulted in, or improperly justified, a lower estimated value for the Austin’s house than was warranted.
 
Ms. Miller’s analysis relies heavily on Marin City comps – three of the five were from Marin City – even though one was a bank-owned property sold in foreclosure two years before and another was an attached dwelling that was contained within a planned unit development. In contrast, eight properties were chosen as comps for the second appraisal three weeks later, of which only two were located in Marin City, while the other six were located in the City of Sausalito, which shares a school district with Marin City. The complaint maintains that Ms. Miller’s choices of comps indicate racial bias and point to a deeper and more systemic issue in the appraisal process – the practice of considering demographic characteristics of a neighborhood rather than relying only on physical home and neighborhood characteristics other than race. This disproportionately and negatively affects Black people, the complaint asserts, because neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining.
 
Marin City is an unincorporated community located in Marin County, situated between the cities of Sausalito to the south and Mill Valley to the north. Properties located in Marin City have a Sausalito mailing address. According to the U.S. Census, as of July 2019, Marin County’s population was 85.3% white, 2.8% Black, 6.6% Asian, and 16.3% Latino. The County’s Black residents are overwhelmingly concentrated in two census tracts, one of which is in Marin City, and Black residents still accounted for approximately 35.95% of Marin City’s population as of 2019, while the City of Sausalito is 92.2% white, and Blacks comprise only 0.9% of Sausalito’s population.
 
Workforce housing was built in Marin City during World War II to house workers who came to the area from around the country to work in the shipyards as part of the war effort. Though the housing was integrated, after the war, many white residents moved away. Black families were blocked from doing so because of discriminatory practices such as redlining and restrictive covenants.
 
“Home buyers generally cannot obtain a mortgage, and homeowners cannot refinance a mortgage, without getting an appraisal,” said Caroline Peattie. “Yet neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. This ongoing undervaluation of homes in Black neighborhoods is, in effect, present-day redlining, and continues to widen the wealth gap between Black and white families.”
 
The Austins succeeded in getting a loan based on the second appraisal in March 2020, but the damage was done – they were not able to refinance on the favorable terms that had been available a month earlier. “We missed out on a better interest rate because of the unfair appraisal we received. And to prove that our civil rights had been violated, we had to erase who we were, by having our white friend pose as the homeowner and hiding the things in our home that represent who we are.” said Tenisha Tate-Austin. “Even worse, these discriminatory practices have the effect of lowering property values in Marin City which harms us and harms our community.”
 
“I really hope that this lawsuit makes appraisers and lenders start to look more carefully at their practices and policies,” said Paul Austin. “And I really want people to know that there are organizations that can help support them if they have a discrimination complaint. We feel that litigating this case is not only important for us but for our community as well.”
 
The Austins and FHANC are represented by counsel Julia Howard-Gibbon of FHANC and Liza Cristol-Deman of Brancart & Brancart.
 
If you feel you may have been discriminated against in a recent home appraisal, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101.
_____________________________________________________________________________________
 
Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information.

Note:
This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD.

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Fair Housing Advocates of Northern California Negotiates Settlement of Disability Discrimination Complaint on Behalf of Client

10/27/2021

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October 27, 2021

FOR IMMEDIATE RELEASE

Contact:
Caroline Peattie, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org

Announcing: Fair Housing Advocates of Northern California Negotiates Settlement of Disability
Discrimination Complaint on Behalf of Client


San Rafael, CA – On October 4, 2021, a settlement agreement was executed in a disability discrimination
complaint brought by Lucia Gillis, who was represented by Fair Housing Advocates of Northern
California (FHANC), against the Suisun City Housing Authority. The complaint, filed in April 2021 with the
Department of Fair Employment and Housing (DFEH) and mediated through DFEH’s Dispute Resolution
Division, alleged that the respondents discriminated against Ms. Gillis’ minor and disabled son in violation of
federal, state, and local fair housing laws.

Ms. Gillis is a single mother of two minor sons. One of her children lives with intellectual and mental health
disabilities and requires a full-time caregiver to manage symptoms. Her family had previously been granted a
voucher that accommodated her family’s needs. The discriminatory conduct occurred when her family moved
to the City of Suisun, where the Suisun City Housing Authority (the Housing Authority) refused to issue a new
voucher that would accommodate Ms. Gillis’ disabled son or his live-in attendant.

The complaint alleged that the Housing Authority discriminated against Ms. Gillis’ disabled son, by interfering
with his fair housing rights and for failing to accommodate his disability. The Housing Authority stated that
existing policies prevented Ms. Gillis’ family from receiving the accommodation, despite her having provided
medical documentation of their disability-related housing needs.

Mediations resulted in a settlement agreement in which the Housing Authority paid Ms. Gillis $75,000.
Additionally, the Housing Authority will modify policies and practices to come into compliance with the FairHousing Act, including:
  • permitting separate bedrooms for live-in attendants
  • not imposing fees for reasonable accommodations
  • accepting requests for accommodations in any verbal or written form
  • clarifying the scope of medical documentation that may be sought when considering a reasonable
  • accommodation request
  • undergoing fair housing training for Housing Authority staff and Suisun City Manager

​The agreement was unanimously approved by the Suisun City Council on September 21, 2021.

“It was extremely unfortunate that Ms. Gillis lost her voucher because the Suisun Housing Authority did not
grant her reasonable accommodation request,” said Caroline Peattie, Executive Director of FHANC.
“Nevertheless, we are encouraged by the settlement and the willingness of the Suisun City Council to enter into
a settlement agreement to do right by Ms. Gillis. We think the fair housing training that staff will undergo will
help the housing authority better understand their obligation when a person with a disability requests a
reasonable accommodation.”

Ms. Gillis was represented by FHANC Staff Attorney Ursula Lindsey. “I was upset after experiencing
discrimination," said Ms. Gillis. "When the Housing Authority ignored my family's accommodation requests, I
was afraid we would be homeless. I turned to prayer, which gave me strength. FHANC helped me fight for my
rights. I'm so thankful that Ursula Lindsey was there to advise me and advocate for our family.”
​
If you feel you may have been discriminated against, contact FHANC’s office to complete an interview.
Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101.
__________________________________________________________________________________________
Fair Housing Advocates of Northern California (FHANC) is a non-profit organization whose mission is to
ensure equal housing opportunity and to educate our communities on the value of diversity in our
neighborhoods. FHANC serves several Bay Area counties and provides free counseling, enforcement,
mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing
Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education,
seminars to help housing providers fully understand fair housing law, and education programs for tenants and
the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing
Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD:
(800) 735-2922 for more information. Note: This material is based on work supported by the Department of
Housing and Urban Development (HUD) under FHIP PEI Grant FPEI190035. Any opinion, findings, and
conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily
reflect the views of HUD.
Download a copy of the press release
Download a copy of the settlement agreement
0 Comments

Announcing: Discrimination Complaints Filed with HUD Allege Race Discrimination in Home Appraisal Process

7/15/2021

2 Comments

 

July 21, 2021

FOR IMMEDIATE RELEASE

Contact: 
Caroline Peattie, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org

Announcing: Discrimination Complaints Filed with HUD Allege Race Discrimination in Home Appraisal Process

San Rafael, CA – Today, Fair Housing Advocates of Northern California (FHANC) and Cora Robinson announce the filing of multiple fair housing complaints with the U.S. Department of Housing & Urban Development (HUD) alleging housing discrimination due to race in the appraisal and lending process. The named respondents are Thomas Kearney, an appraiser; Class Valuation LLC, an appraisal management company; Home Point Financial Corporation, a lending company; Scott Reed, an agent for Broker Solutions (aka Kind Lending), a lending company; and Broker Solutions (aka Kind Lending). The complaints can be found below.

Ms. Robinson, a Black owner of an Oakland duplex where she currently lives, became aware that refinance rates were low and decided to apply to refinance her mortgage, as she planned to retire in the next couple of years and wanted to reduce her household expenses. She applied for a refinancing loan for her property and encountered two separate instances of what she believes to be discriminatory appraisal valuation of her home; in each case her home was undervalued by more than $400,000. 

She first applied for a loan in August 2020 with Home Point Financial Corporation, which requested an appraisal of Class Valuation LLC. Class Valuation completed an appraisal of Ms. Robinson’s property and Thomas Kearney, the appraiser assigned to the property, submitted an appraisal of $800,000, using six comparable properties, or comps.

“When the first appraisal came back, the broker and I were shocked that the value was so low and he immediately let me know he was going to follow the process to ask for a Reconsideration of Value (ROV),” Ms. Robinson said. “Not only were there things in the appraisal that were just plain wrong, such as the number of bedrooms and the property classified as rent controlled when it’s not, but the sales comps that the appraiser chose to use were guaranteed to lower the value of my house. Mr. Kearney refused to change the value.” 

“Discrimination in the appraisal process is something we’re seeing more and more often,” said Caroline Peattie, Executive Director of FHANC. “It’s not that it wasn’t occurring previously, but there has been more attention paid to this issue, and more homeowners of color are coming forward when they have the experience of an unfair appraisal, particularly when it results in their loan being denied. Ms. Robinson’s experience is one that many Black homeowners have had. Mr. Kearney’s appraisals contained errors and deviations from standard appraisal procedures and his choice to use comps in neighborhoods farther away with higher Black populations indicates racial bias. But there is also a deeper and more systemic issue in the appraisal process, which is the practice of considering historical home values rather than relying only on home and neighborhood characteristics. This disproportionately and negatively affects Black people. We know that neighborhoods of color have been historically undervalued due to deliberate racist housing policies, such as redlining. This ongoing undervaluation of homes in Black neighborhoods is, in effect, present-day redlining.” 

Ms. Robinson's loan broker forwarded a statement accompanying the appraisal report, affirming that the appraisal was extremely low and that three of the comps were smaller properties than Ms. Robinson’s, with fewer bedrooms and bathrooms, but which had sold for more than the amount at which Mr. Kearney valued Ms. Robinson’s home. He requested a Reconsideration of Value (ROV) which included various alternative comps and a correction to the number of bedrooms. Mr. Kearney declined to change the appraisal value, and Home Point Financial Corporation denied her loan. 

Ms. Robinson’s first broker suggested she wait three months and apply again with a different lender, which she did in October 2020, this time through a loan officer located in the Bay Area. As luck would have it, Mr. Kearney was once again assigned to conduct the appraisal. Without contacting Ms. Robinson or re-inspecting the property, he issued another appraisal report, this time with a valuation of $825,000. In this appraisal, Mr. Kearney kept four of the six comps from the first appraisal; but rather than choosing similar properties that had recently sold that were closer to Ms. Robinson’s home, he dropped two comps from the first appraisal and chose three more that were even farther away for a total of seven comps.

“I applied again a few months later with a different company and again received a low appraisal value from Mr. Kearney, the same appraiser,” said Ms. Robinson. “After I complained first to the loan agent, then to the AMC company, and finally to the Lender directly, a ROV was submitted for this second appraisal and this time Mr. Kearney wrote in the response that the neighborhood I was suggesting for comps ‘historically demands higher value.’ That comment definitely set off some alarm bells for me. I have to ask myself, why did he choose comps from neighborhoods farther from me, with higher concentrations of Black residents than my neighborhood, where the value was less? Would he have done that if I weren’t Black?” 

At this point, Ms. Robinson began to suspect that race played a factor in Mr. Kearney’s valuation of her property. Once again, she requested a ROV, but the loan agent at the second lender refused to submit one on her behalf, saying that ROVs were not an effective tool, and that she should wait another three months to apply again with a new appraiser. It was only after she contacted the underwriter at Kind Lending who in turn communicated with the loan agent that he agreed to submit a ROV, though he never followed through. Weeks later, the underwriter submitted the ROV himself, though Mr. Kearney returned the ROV without changing the value. The lender then suggested Ms. Robinson wait three months and then reapply for a loan. 

Instead, in February 2021, Ms. Robinson applied for a refinance loan with a third lender, and this time she received an appraisal report valuing her home at $1,239,000. This was $439,000 more than the valuation of Mr. Kearney’s initial appraisal and $414,000 more than his second valuation of her property. Based on the third appraisal, Ms. Robinson was finally able to close a refinance loan in March 2021 to lower her monthly rate, six months after she began the process of trying to refinance her loan. She had filed a discrimination complaint with HUD’s Fair Housing and Equal Opportunity in December 2020 but contacted Fair Housing Advocates of Northern California in February 2021 to represent her.

When Ms. Robinson applied for a loan, she had an adjustable mortgage, under which the rate could vacillate between 6.75% and 13%. In October 2020, she was quoted a rate of 2.87% for the prospective refinance loan. When she finally succeeded in getting a loan in March, the interest rate she secured was 2.99%. “My monthly payment dropped by $769,” Ms. Robinson said. “Not only did I miss out on saving almost $4,000 during that time, I could have saved much more on the lower interest rate over the life of the loan. That’s a serious financial loss that I can’t really afford now that I’m retiring.” 

“I really hope that this complaint makes appraisers and lenders start to look more carefully at their practices and policies,” said Ms. Robinson. “And I really want people to know that there are organizations like FHANC to help support them if they have a discrimination complaint. I’m pretty sure HUD was going to close my case before FHANC became involved. I feel as though FHANC is really helping me tell my story.” 

If you feel you may have been discriminated against in a recent home appraisal, contact FHANC’s office to complete an interview. Contact FHANC at fhanc@fairhousingnorcal.org or 415-457-5025 x101.
_________________________________________________________________________________

Fair Housing Advocates of Northern California is a non-profit organization serving several Bay Area counties that provides free counseling, enforcement, mediation, and legal or administrative referrals to persons experiencing housing discrimination. Fair Housing Advocates of Northern California also offers foreclosure prevention counseling, pre-purchase education, seminars to help housing providers fully understand fair housing law, and education programs for tenants and the community at large. Fair Housing Advocates of Northern California is a HUD-Certified Housing Counseling Agency. Please call Fair Housing Advocates of Northern California at (415) 457-5025 or TDD: (800) 735-2922 for more information.

Fair Housing Advocates of Northern California Complaint 1
Fair Housing Advocates of Northern California Complaint 2
Robinson Complaint 1
Robinson Complaint 2 

Click here to download the full press release
2 Comments

RE: Report on Fair Housing Investigation Uncovers National Origin and Source ofIncome Discrimination

5/28/2021

3 Comments

 
April 26, 2021
FOR IMMEDIATE RELEASE
 
Contacts:
Caroline Peattie / peattie@fairhousingnorcal.org
 
RE: Report on Fair Housing Investigation Uncovers National Origin and Source of
Income Discrimination
 
As Fair Housing Month draws to a close, and Fair Housing Advocates of Northern California
(FHANC) gears up for its annual Fair Housing Conference on Thursday, April 29 (“Riding the
Wave of Change: Advancing Fair Housing and Equity in a New Era,”), it is releasing its
report of an investigation conducted in 2020, “National Origin and Source of Income
Discrimination in Rental Housing in Marin, Sonoma, and Solano Counties.” The
investigation was conducted after California SB329 – amending the Fair Employment and
Housing Act to expand the definition of source of income to include federal, state, and local
public assistance and housing subsidies – went into effect on January 1, 2020.
 
The investigation followed a prior audit in 2018-2019 that assessed the extent to which Housing
Choice Voucher holders experienced race discrimination, and was conducted prior to the state
law going into effect. The investigation revealed a high level of discrimination, where 67% of
tests showed at least some level of discrimination based on race and/or source of income.
 
“Given how much race and source of income discrimination we found with our earlier
investigation, we wanted to see the extent to which Latinx Housing Choice Voucher holders
experience discrimination or differential treatment in the initial stages of their home seeking
process, based on their voucher status or their national origin,” said Caroline Peattie, Executive
Director of FHANC. “We know from our clients that many landlords turn away voucher
holders, but we wanted to see to what extent this occurred, and whether it was a pretext for
discouraging Latinx renters.”
 
FHANC conducted 139 individual investigations, 48 in Marin County, 46 in Solano County,
and 45 in Sonoma County. The investigation revealed housing providers discriminated on the
basis of national origin and/or source of income in approximately seventy-nine percent (79%) of
the time. Of the tests revealing discrimination, 55% were based on source of income, 13% were
based on both source of income and national origin, and 11% were based on national origin.
Examples of the types of discrimination that investigators encountered included outright refusal
to rent to voucher holders; discriminatory policies (like minimum income requirement) that
effectively prohibit voucher holders from renting at the property; and/or inferior
terms/conditions and general treatment to Latinx voucher holders as compared to white (non-
Latinx) voucher holders.
 
“What is particularly problematic about this result is the high rate of discrimination against
voucher holders that occurred even after the passage of SB329,” said Peattie. “And though our
investigation in Marin County revealed the lowest levels of discrimination at 71% in the tricounty
area, that’s still extremely high, particularly considering that local source of income
protections had been in place since 2016 in the County and 2018 in various cities and towns.
The investigation shows that it’s still very difficult for someone with a housing subsidy to find a
place to live, and it becomes that much harder for a voucher holder who is Latinx.”
 
As a result of follow-up investigation and after receiving a complaint from a client who had
been effectively denied from renting because she had a housing voucher, FHANC recently filed
a lawsuit against a management company and the owners of two buildings in Sonoma County
for having a minimum income policy that – while neutral on its face as applied to voucher
holders – has the effect of denying them the ability to rent at the property, despite
management’s assurances that they accept vouchers.
 
“It’s not enough just to pass legislation,” said Peattie. “That’s the first, most important step. But
our results point to the need for further education, as well as follow-up investigation and
enforcement activity to ensure that landlords understand the laws and are held accountable
when they deliberately violate them. To that end we’ve sent flyers with information about the
law to properties where we found discrimination. And we’re undertaking further investigations
to retest some of the properties. But we need to go further with legislation, too.”
 
Only twelve states and the District of Columbia outlaw discrimination on the basis of source of
income. The Biden administration, in a swift reversal from the previous administration, signaled
fair housing and racial equity as priorities in its first week. This month, President Biden pledged
to restore two Obama-era fair housing rules that had been scrapped under the Trump
administration. One, the Affirmatively Furthering Fair Housing (AFFH) rule, requires local
governments receiving federal housing dollars to review their policies and actively work toward
reversing segregation.
 
“Protections against source of income discrimination are crucial in order to affirmatively
furthering fair housing, because it helps stem the tide of displacement and gentrification,”
 
Peattie continued. “We undertook this investigation and the previous one to uncover the extent
to which people with housing subsidies, particularly people of color with housing subsidies,
experienced barriers to housing choice. We now have a sense of just how great those
impediments are, despite local and state protections. This shows how important it is for the
federal government to make source of income discrimination illegal across the country, so that
the Department of Housing and Urban Development’s Office of Fair Housing and Equal
Opportunity can put its full strength toward enforcing the law, furthering housing opportunities
for people of color, families with children, people with disabilities, and others. It would be a
fitting tribute to Walter Mondale, who passed away earlier this month, and who co-authored the
Fair Housing Act of 1968 with Senator Ed Brooke.”
-------------------------------------------------------------------------------------------------------------------
Note: This material is based on work supported by the Department of Housing and Urban
Development (HUD) under FHIP EOI Grant FEOI20012. Any opinion, findings, and
conclusions or recommendations expressed in this material are those of the author(s) and do
not necessarily reflect the views of HUD.
 
Founded as a non-profit in 1986, Fair Housing Advocates of Northern California (FHANC)
serves several Bay Area counties, providing fair housing counseling, investigation, intervention,
and legal referrals to persons experiencing housing discrimination. FHANC conducts outreach
activities and offers programs that educate the community about fair housing and the value of
diversity, conducts trainings for housing providers, and offers pre-purchase and foreclosure
prevention counseling and education. FHANC is a HUD-Certified Housing Counseling
Agency. Please contact FHANC at (415) 457-5025 or TDD: (800) 735-2922 for more
information or visit www.fairhousingnorcal.org. Se habla español.
3 Comments

Upcoming Virtual Fair Housing Conference 2021

4/18/2021

0 Comments

 
April 18, 2021
FOR IMMEDIATE RELEASE
Contacts: Caroline Peattie / peattie@fairhousingnorcal.org
Adriana Ames / adriana@fairhousingnorcal.org

RE: Upcoming Virtual Fair Housing Conference 2021
In celebration of April as Fair Housing Month and the anniversary of the passage of the Fair Housing Act, Fair Housing Advocates of Northern California is pleased to present the upcoming virtual conference, “Riding the Wave of Change: Advancing Fair Housing and Equity in a New Era,” to be held on Thursday, April 29, 2021.
The conference will feature the following speakers:
 • George Lipsitz, Research Professor Emeritus of Black Studies and Sociology, University of California, Santa       Barbara
 • Gustavo Velasquez, Director, California Department of Housing and Community Development
 • Tyrone Buckley, Assistant Deputy Director of Fair Housing, California Department of Housing and Community   Development
 • Caroline Peattie, Executive Director, Fair Housing Advocates of Northern California
 • Julian Glover, Race, Culture, and Social Justice Reporter, ABC7 KGO-TV Bay Area
 • Cashauna Hill, Executive Director, Louisiana Fair Housing Action Center
 • Moderator: William R. Tisdale, President and Chief Executive Officer, Metropolitan Milwaukee Fair Housing   Council

The presenters will explore the question of how to advance fair housing and racial equity in a new era – specifically, how we can best promote affirmative policies, given a new administration that has stated in its first week that racial equity and fair housing are central priorities. The event will bring together community members, non-profits, advocates, real estate professionals, and municipal leaders and staff to address pressing fair housing issues affecting communities in the Bay Area and strategies to re-energize fair housing initiatives.

General admission is $20, with scholarships available upon request. Visit FHANC’s conference page for more information, including presenter’s bios, or to register for the event:
http://www.fairhousingnorcal.org/fairhousingconference2021.html
For more information, to request a scholarship, or for any special needs, please contact Adriana Ames, Education Director, at adriana@fairhousingnorcal.org.
​
The conference is presented by Fair Housing Advocates of Northern California and sponsored by:
Mechanics Bank, Luther Burbank Savings and Loan, Marin Community Foundation, Marin Association of Realtors, Marin Sanitary Services, First Federal Savings and Loan, United Educators for Housing and Literacy, Westamerica Bank, City of Fairfield, Marin Interfaith Council, and Mr. and Mrs. Curtis Perrott
----------------------------------------------------------------------------------------------------------------------------------
Note: This material is based on work supported by the Department of Housing and Urban Development (HUD) under FHIP EOI Grant FEOI1900399. Any opinion, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of HUD.
Founded as a non-profit in 1986, Fair Housing Advocates of Northern California (FHANC) serves several Bay Area counties, providing fair housing counseling, investigation, intervention, and legal referrals to persons experiencing housing discrimination. FHANC conducts outreach activities and offers programs that educate the community about fair housing and the value of diversity, conducts trainings for housing providers, and offers pre-purchase and foreclosure prevention counseling and education. FHANC is a HUD-Certified Housing Counseling Agency. Please contact FHANC at (415) 457-5025 or TDD: (800 )735-2922 for more information, or visit www.fairhousingnorcal.org. Se habla español. Wheelchair accessible.
0 Comments

The Biden Administration's Executive Orders on Fair Housing and Racial Equity

2/4/2021

0 Comments

 
February 4, 2021

FOR IMMEDIATE RELEASE

Contact: 
Caroline Peattie, Fair Housing Advocates of Northern California
(415) 483-7552, peattie@fairhousingnorcal.org

On his first day in office, President Biden signed an Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Six days later he addressed fair housing in his memorandum on Redressing Our Nation’s and the Federal Government’s History of Discriminatory Housing Practices and Policies, making a powerful statement that fair housing and racial equity are central priorities under his administration. This Executive Action clearly acknowledges that “… Federal, State, and local governments systematically implemented racially discriminatory housing policies that contributed to segregated neighborhoods and inhibited equal opportunity and the chance to build wealth” for BIPOC (Black, Indigenous, and People of Color), and that those legacies of residential segregation and discrimination remain in existence today – from gaps in homeownership and wealth to environmental inequalities made worse by climate change. The memo outlines multiple ways in which the federal government’s discriminatory policies affected opportunities for safe and affordable housing, jobs, transportation, particularly for Black people. It also addresses the history of the federal government’s disinvestment in communities of color, despite the passage of the Fair Housing Act in 1968.

The Executive Order also clearly outlines the return to a strong policy requiring the government and recipients of federal funding to affirmatively further fair housing, requiring actions that go beyond a commitment not to discriminate, but to address historical patterns of segregation and “promote diverse and inclusive communities” by removing barriers to housing opportunities and “and to secure equal access to housing opportunity for all.” 

The Executive Order directs HUD to examine the harmful effects of two rules disseminated under Trump’s administration, both of which eviscerated previous Obama-era rules related to disparate impact and affirmatively furthering fair housing. President Biden has clearly indicated that he will fully implement the Fair Housing Act, primarily through restoring the two rules that offered clear guidance on how to apply the Act. 

“Never before has an incoming president made fair housing and racial equity such central priorities in his first days in office,” said Caroline Peattie, Executive Director of Fair Housing Advocates of Northern California. “Fair housing groups and other civil rights advocates are encouraged by the President’s understanding and acknowledgment that HUD must address racially discriminatory federal housing policies leading to the wealth inequalities we see today, and that they must work with us to remove structural barriers to housing equity. After four long years of struggle against the erosion of civil rights, I, like many of my colleagues, am re-energized by the policies of an administration that will work in tandem with us to implement shared fair housing goals, so everyone in our communities has access to safe, affordable housing and its associated benefits – jobs, transportation, education, and other related opportunities. It is a new and exciting era.”
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