HomeMy WebLinkAboutChapter VII Fair Housing Needs City of Bakersfield
Consolidated Plan 2010 VII-1 May 2005
VII. FAIR HOUSING NEEDS ASSESSMENT
INTRODUCTION
Equal access to housing for all is fundamental to each person in meeting essential needs and
pursuing personal, educational, employment, or other goals. Recognizing this fundamental right,
the federal and State of California governments have both established fair housing as a right
protected by law.
A. FAIR HOUSING LAW
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The Civil Rights Act of 1968 and Fair Housing Amendments Act of 1988 are the primary federal
laws which prohibit discrimination in the sale, rental, lease or negotiation for property on the
basis of race, color, religion, sex, or national origin. Whereas the Civil Rights Act contained
provisions protecting people from housing discrimination, amendments enacted in 1988
extended protection to families with children and people with disabilities. The Fair Housing Act
also addresses requirements to accommodate disabled people.
The State of California has enacted a number of statutes that mirror and, in certain cases,
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extend fair housing protections in federal law. The Unruh Civil Rights Act of 1959 and
subsequent court decisions require equal access to the accommodations, advantages, facilities,
privileges or services of all business establishments regardless of protected status. The courts
have interpreted this Act to prohibit any arbitrary discrimination based in any class distinction,
regardless of whether or not that basis is enumerated in the Act.
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The Fair Employment and Housing Act of 1963 is the primary state law which prohibits
discrimination in the sale, rental, lease negotiation or financing of housing based on race, color,
religion, sex, marital status, national origin, and ancestry. The California Fair Housing Act of
1992 brought state laws into conformity with the Federal Fair Housing Act of 1988 and added
protections for people with a "mental and physical disability" and "familial status", as well as
requires housing providers to allow reasonable accommodations. State law also adds
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protections for source of income.
The Ralph Civil Rights Act of 1976 provides that all persons have the right to be free from any
violence, or intimidation by threat of violence, committed against their persons or property
because of their race, color, religion, ancestry, national origin, political affiliation, sexual
orientation, sex, age, disability, or position in a labor dispute. The Act prohibits violence or threat
of the same in rental housing situations. The Banes Civil Rights Act also forbids interference by
force or threat with an individual's constitutional or statutory rights in places of worship, housing,
and private property.
B. FAIR HOUSING NEEDS
The Economic and Community Development Department (EDCD) through its Fair Housing Office
administers the City’s Fair Housing program with non-HUD funding, but rather funded through tax
increment resources. The Fair Housing Act of 1968 provides the legal framework for this program
which is to affirmatively further fair housing choice and eliminate discriminatory practices in
housing. This section outlines the education and community outreach, technical training,
compliance activities, and counseling in meeting the fair housing needs of Bakersfield residents and
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42 U.S. Code §§ 3601 et. seq.
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California Civil Code, §§ 51 and 52
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California Government Code§§ 12900-12906
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California Government Code§§ 12955(a)
City of Bakersfield
Consolidated Plan 2010 VII-1 May 2005
housing providers. The needs assessment for this section was completed in 2004 and is called an
Analysis of Impediments.
C. DEFINING FAIR HOUSING AND IMPEDIMENTS
The concept of “fair housing” and its practical application to local governments and the housing
market has changed over time in response to state and federal laws, court decisions, and public
opinion. In light of fair housing legislation passed at the federal and state levels, as well as
consultation with HUD and professionals providing fair housing services, the following definition
of fair housing is used for this report:
Fair housing is a condition in which individuals of similar income levels in the same
housing market having a like range of housing choice available to them regardless of
race, color, ancestry, national origin, religion, sex, disability, marital status, familial
status, source of income, sexual orientation, or any other arbitrary factor.
Within the legal framework of federal and state laws and based on the guidance provided by the
U.S. Department of Housing and Urban Development (HUD) Fair Housing Planning Guide,
impediments to fair housing choice can be defined as the following:
Any actions, omissions, or decisions taken because of age, race, color, ancestry,
national origin, religion, sex, disability, marital status, familial status, source of income,
sexual orientation, or any other arbitrary factor which restrict housing choices or the
availability of housing choices; or
Any actions, omissions, or decisions which have the effect of restricting housing choices
or the availability of housing choices on the basis of age, race, color, ancestry, national
origin, religion, sex, disability, marital status, familial status, source of income, sexual
orientation or other arbitrary factor.
To affirmatively promote equal housing opportunity, a community must work to remove or
mitigate impediments to fair housing choice. Furthermore, eligibility for certain federal funds
requires the compliance with federal fair housing laws. Specifically, to receive HUD Community
Planning and Development (CPD) formula grants, a jurisdiction must:
Certify its commitment to actively further fair housing choice;
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Maintain fair housing records; and
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Conduct an analysis of impediments to fair housing.
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The City of Bakersfield is dedicated to providing fair housing opportunities to all residents and
ensuring compliance with all applicable laws.
D. FAIR HOUSING NEEDS
HUD requires jurisdictions that receive federal funding for community development activities to
assess the status of fair housing in their community. The identified fair housing needs for the
City are from staff analysis and a recent AI.
The purpose of the AI is to identify impediments to fair and equal housing opportunities in
Bakersfield. The AI provides an overview of the laws, regulations, conditions or other possible
obstacles that may affect access to housing and other services in Bakersfield. The scope,
analysis, and format used in this AI report adhere to recommendations of the Fair Housing
Planning Guide published by HUD.
City of Bakersfield
Consolidated Plan 2010 VII-2 May 2005
The AI contains these five chapters:
Introduction. This chapter defines fair housing and explains the purpose of this report.
Community Profile. This chapter presents population characteristics, housing
characteristics, and special housing needs of residents in Bakersfield. This chapter provides
a broad overview and understanding of the community so that housing needs are clearly
defined.
Public Policies. This chapter analyzes a range of public activities that may impede fair
housing choice, including governmental land use, development regulations, and community
development activities. Potential impediments to fair housing choice are discussed.
Fair Housing Status. This chapter identifies trends in the disposition of home loans in
Bakersfield, fair housing complaints, testing results, possible barriers to fair housing choice,
and public comments received from the City’s outreach efforts.
Fair Housing Plan. This chapter provides a summary of recommendations to further fair
housing opportunity in Bakersfield. These actions are specific, with implementing
timeframes. The AI concludes with a City-signed statement certifying that the AI represents
the City’s Fair Housing Plan.
1. Summary of Recommendations
Based on the conclusions of the AI, if the CDBG grantee takes lawful steps to eliminate
identified impediments to fair housing choice within its jurisdiction, the grantee will be
determined to have taken affirmative actions to further fair housing choice.
Based on the evaluations and findings contained in the AI the following recommendations were
made to further promote fair housing opportunities in the City of Bakersfield.
a. Home Lending Patterns
Overall, analysis of lending patterns revealed that loans issued to low-moderate income
and minority areas have greatly improved since the last AI was prepared, and the loan
approval rates have also dramatically improved. However, minority applicants (Asians,
Hispanics, and African-Americans) continue to have lower loan approval rates than
similarly situated White applicants. This difference could be due to differences in
employment, credit, debt-income ratios, or other factors affecting the loan approval
process. The City sponsors homebuyer and credit workshops in concert with other
groups active in the community. Nonetheless, the persistence of lower rates could
indicate a need for continued public education and outreach on the home purchase loan
process.
Recommendation:
1) Continue home buying workshops and focus on reaching Asians, Hispanics, and African
Americans. Coordinate these efforts with the City’s HOME entitlement funding process.
2) Review of Patterns of Occupancy in Public Housing and Section 8 Programs (Actions for
the Housing Authority of the County of Kern - HACK).
City of Bakersfield
Consolidated Plan 2010 VII-3 May 2005
3) Continue to promote greater housing opportunities for families outside areas of low-income
and minority concentration.
b. Public Policies and Impediments
An important part of furthering fair housing is to analyze public policies that may
contribute or detract from fair housing opportunities. Public policies refer to land use
regulations, housing policies, transit accessibility, and other factors that may potentially
impact housing opportunity in Bakersfield. This AI reviewed land use and zoning policies,
housing/administrative policies, Grand Jury reports, economic development policies, City
service policies, transit services, and other public policies and administrative practices to
identify actual and potential impediments to fair housing.
Recommendation:
1) As a prerequisite for any recipient receiving locally administered housing assistance funds
(e.g., first-time homebuyer, new construction, rehabilitation assistance), the recipients should
be required to acknowledge their understanding of fair housing law and affirm their
commitment to the law.
c. Fair Housing Discrimination
As part of this AI, rental audits were conducted to determine the prevalence of familial
and disability discrimination. Of the ten tests conducted, three showed evidence of
discrimination. However, the discrimination was very subtle and was due to differences in
information provided to the prospective renter which could discourage the renter from
proceeding with an application. The most surprising finding was that four tests showed
potential evidence of discrimination based on marital status in the use of credit check
policies and fees even though marital status was not the focus of the tests. In
discussions with the audit firm, sometimes landlords and property managers are not
aware of the added protected classes in California fair housing law and this clientele also
rarely receives fair housing brochures. To address this issue, the City could increase
efforts to market fair housing and management training to property owners and
managers in Bakersfield.
Recommendation:
1) Conduct regular workshops on the fair housing laws to educate property owners, property
managers and real estate professionals about race discrimination and familial status
protections.
2) Address discrimination through mediation. Mediation can help redress violations of the law
without having to resort to litigation.
City of Bakersfield
Consolidated Plan 2010 VII-4 May 2005
City of Bakersfield
Consolidated Plan 2010 VII-5 May 2005