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Home My WebLink About2003-04-15; Housing & Redevelopment Commission; 356 Exhibit 1; Carlsbad Public Housing Agency Annual Plan FY 2003The U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plan Annual Plan for Fiscal Year 2003 NOTE: THIS .PHA PLANS TEMPLATE (HUD 50075) IS TO BE COMPLETED IN ACCORDANCE WITH INSTRUCTIONS LOCATED IN APPLICABLE PM NOTICES HUD 50075 OMB Approval No: 2577-0226 Expires: 0313 1/2002 PHA Plan Agency Identification PHA Name: Carlsbad Housing Agency PHA Number: CA077 PHA Fiscal Year Beginning: (mdyyyy) 07/2003 Public Access to Information Information regarding any activities outlined in this plan can be obtained by contacting: (select all that apply) a Main administrative office of the PHA PHA development management offices a PHA local offices Display Locations For PHA Plans and Supporting Documents The PHA Plans' (including attachments) are available for public inspection at: (select all that apply) Main administrative office of the PHA PHA development management offices PHA local offices Main administrative office of the.loca1 government Main administrative office of the County government Main administrative office of the State government Public library - Dove and Cole: Library PHA website Other (list below) Carlsbad Senior Center Community Development Department - Faraday Building PHA Plan Supporting Documents are available for inspection at: (select all that apply) a Main business office of the PHA 0 PHA development management offices 0 Other (list below) PHA Identification Section, Page 1 HUd 50075 OM9 Approval No: 25774226 Expires: 0313 1 M002 Annual PHA Plan PHA Fiscal Year 2003 [24 CFR Part 903.71 - i. Annual Plan TvDe: Select which type of Annual Plan the PHA will submit. 0 Standard Plan Streamlined Plan: High Performing PHA 0 Small Agency (e250 Public Housing Un Administering Section 8 Only Troubled Agency Plan - ii. Executive Summary of the Annual PHA Plan [24 CFR Part 903.7 9 (r)] Provide a brief overview of the information in the Annual Plan, including highlights of major initiatives and discretionary policies the PHA has included in the Annual Plan. Not required per PIH 99-51. . Carlsbad P.HA Annual Plan - FY 2003 1 I Annual Plan Table of Contents [24 CFR Part 903.7 9 (r)] Provide a table of contents for the Annual Plan, including attachments, and a list of supporting documents available for public inspection Table of Contents Pane # Annual Plan i. Executive Summary NIA ii. Table of Contents 1. 2. 3. 4. 5. 6. 7. 8. 9. Housing Needs Financial Resources Policies on Eligibility, Selection and Admissions Rent Determination Policies Operations and Management Policies Grievance Procedures Capital Improvement Needs Demolition-and Disposition--- -- Designation of Housing 6 11 13 24 28 30 NIA NIA . NIA 10. Conversions of Public Housing NIA 1 1. Homeownership 37 12.-Community Service Programs = -- 39 13. Crime and Safety NIA 14. Pets (Inactive for January 1 Pus) ~. NIA .15. Civil Rights Certifications (included with PHA Plan Certifications)44 16. Audit 44 17. Asset Management NIA 18. Other Information NIA . . ~. ~~ "" . Attachments Indicate which attachments are provided by selecting all that apply. Provide the attachment's name (A, B, etc.) .in the space to the left of the name of the attachment. Note: If the attachment is provided as a SEPARATE file submission fkom the PHA Plans file, provide the file name in parentheses in the space to the right of the title. Required Attachments: Progress in Meeting the 5-Year Plan Mission and Goals m Resident Membership of the PHA Governing Board Membership of the Resident Advisory Board Optional Attachments: IXI PHA Management Organizational Chart [7 FY 2OOOCapital Fund Program 5-Year Action Plan 0 Public Housing Drug Elimination Program (PHDEP) Plan 0 Comments of Resident Advisory Board or Boards (must be attached if not Other (List below, providing each attachment name) included in PHA Plan text) City of Carlsbad Housing and Redevelopment Department .Mission Statement Carlsbad PHA Annual Plan - FY 2003 2 Supporting Documents Available for Review Indicate which documents are available for public review by placing a mark in the "Applicable & On Display" column in the appropriate rows. All listed documents must be on display if applicable to the program activities conducted by the PHA. r Applicable 8L On Display A B C .. . . D "- E List of Supporting Documents Available f01 Supporting Document PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations Statebcal Government Certification of Consistency with the Consolidated Plan Fair Housing Documentation: Records reflecting that the PHA has examined its programs or proposed programs, identified any impediments to fair housing choice in those programs, addressed or is addressing those impediments in a reasonable fashion in view of the resources-available, and_.worked or is working with local jurisdictions to implement any of the jurisdictions' initiatives to affirmatively further fair housing that require the PHA's involvement. Consolidated Plan for the jurisdictiods in whlch the PHA is located (which includes the Analysis of Impediments to Fair Housing Choice (AI))) and any additional backup data to support statenlent of housing needs in the jurisdiction Most recent board-approved operating budget for the public housing program Public Housing Admissions and (Continued) Occupancy Policy (A&O), which includes the Tenant Selection and Assignment Plan PSAP] Section 8 A-strative Plan Public Housing Deconcentration and Income Mixing Documentation: 1. PHA board certifications of compliance with deconcentration requirements (section 16(a) of the US Housing Act of 1937, as implemented in the 2/18/99 Quality Housing and Work Responsibility Act Initial Guidance; Notice and any further HUD guidance) and 2. Docurnentation of the required deconcentration and income mixing analysis Public housing rent determination policies, including the methodology for setting public housing flat rents 0 check here if included in the public housing A & 0 Policv Schedule of flat rents offered at each public housing development - u check here if included in the public housing teview Applicable Plan Component 5 Year and Annual Plans 5 Year and Annual Plans 5 Year and Annual Plans Annual Plan: Housing Needs Annual Plan: Financial Resources; Annual Plan: Eligibility, Selection, and Admissions Policies hual Plan: Eligibility, Selection, and Admissions Policies Annual Plan: Eligibility, Selection, and Admissions Policies Annual Plan: Rent Determination Annual Plan: Rent Determination Carlsbad PHA Annual Plan - FY 2003 3 List of Supporting Documents Available for Review Applicable Applicable Plan Supporting Document & ComDonent . On Display A & 0 Policy E Annual Plan: Rent Section 8 rent determination (payment standard) policies check here if included in Section 8 hw-mh-ttion Administrative Plan Public housing management and maintenance policy Annual Plan: Operations documents, including policies for the prevention or Annual Plan: Grievance Public housing grievance procedures infestation) eradication *of pest infestation (including cockroach and Maintenance 0 check here if included in the public housing Procedures A & 0 Policy E Section 8'infonnal review and hearing procedures check here if included in Section 8 The HUD-approved Capital FundComprehensive Grant Program Annual Statement (HUD 52837) for the active grant year Most recent CIAP Budgeflrogress Report (HUD 52825) for any active CIAP grant 'Most recent, approved 5 Year Action Plan for the Capital FundKamprehensive Grant Program, if not included as an attachment (prolided at PHA option) Approved HOPE VI applications or, if more recent, approved or submitted HOPE VI Revitalization Plans or any Adnunisttative Plan ~ Annual Plan: Grievance Procedures Annual Plan: Capital Needs Annual Plan: Capital Needs Annual Plan: Capital Needs Annual Plan: Capital Needs agency Service & Self-Sufficiency F Service & Self-Sufficiency .. Annual Plan: Community FSS Action Plank for public housing andor Section 8 Most recent self-sufficiency (ED/SS, TOP or ROSS or other (PHDEP Plan) grant and most recently submitted PHDEP application Crime Prevention (PHEDEP) semi-annual performance report for any open Annual Plan: Safety and The most recent Public Housing Drug Elimination Program Service & Self-Sufficiency resident services grant) grant program reports Annual Plan: Community Carlsbad PHA Annual Plan - FY 2003 4 List of Supporting Documents Available for Review Applicable On Display Applicable Plan Supporting Document ~~~ & Component G Annual Plan: Annual Audit The most recent fiscal year audit of the PHA conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U. S.C. 1437c(h)), the results of that audit and the PHA's response to any fmdings Troubled PHAs: MOARecovexy Plan (specify as needed) Other supporting documents (optional) Troubled PHAs I (list individually; use as many lines as necessary) I I " - Carlsbad PHA Annual Plan - FY 2003 5 1. Statement of Housing Needs [24 CFR Part 903.7 9 (a)] A. Housing Needs of Families in the Jurisdictiods Served by the PHA Based upon the information contained in the Consolidated Plan/s applicable to the jurisdiction, and/or other data available to the PHA, provide a statement of the housing needs in the jurisdiction by completing the following table. In the ‘‘Overall’’ Needs column, provide the estimated number of renter families that have housing needs. For the remaining characteristics, rate the impact of that factor on the housing needs for each family type, from 1 to 5, with 1 being “no impact” and 5 being “severe impact.” Use N/A to indicate that no information is available upon which the PHA can make this assessment. Housing Needs of Families in tbe Jurisdiction by Family Type Family Type ha- Size Access- Quality SU~PIY Afford- Overall Income <= 30% 915 5 5 3 3 NIA 3 3 3 1,779 Income >50% but <=50% of AMI ’ 5 5 NIA 5 5 .. -- 5 964 Income >30% but of AMI 5 5 NIA 5 Elderly -- - 858 - -- 5 5 3 NIA 1 1 Families with 2,336 IslanderIOther NIA NIA NIA NIA NIA NIA NIA Asian/Pacific Hispanic NIA NIA NIA NIA NIA NIA 90 Black-Non Disabilities 5 1 5 3 5 5 Hispanic 1,264 NIA NIA NIA NIA NIA NIA RaceIEthnicity ability tion ibility <80% of AMI What sources of information did the PHA use to conduct this analysis? (Check all that apply; all materials must be made available for public inspection.) Consolidated Plan of the Jurisdictiods Indicate year: 2000-2005 U.S. Census data: the Comprehensive Housing Affordability Strategy (‘THAS’’) dataset American Housing Survey data 0 Other housing market study 0 Other sources: (list and indicate year of information) Indicate year: Indicate year: Carlsbad PHA Annual Plan - FY 2003 6 B. Housing Needs of Families on the Public Housing and Section 8 Tenant- Based Assistance Waiting Lists State the housing needs of the families on the PHA's waiting list/s. Complete one table for each type of PHA-wide waiting list administered by the PHA. PHAs may provide separate tables for site-based or sub-jurisdictional public housing waiting lists at their option. Housing Needs of Families on the Waiting List Waiting list type: (select one) Section 8 tenant-based assistance 0 Public Housing 0 Combined Section 8 and Public Housing 0 Public Housing Site-Based or sub-jurisdictional waiting list (optional) If used, identify which developmentlsubjurisdiction: - ._ # of families Annual Turnover % of total families Waiting list total Unavailable 1.354 Extremely low income <=30% AMI I 815 I 60% Very low income 0% 0 Low income (>30% but <=50% 40% 536 " (>50% but <80% I Families with 32.4% 439 Elderly families children 82.7% 1,120 ' .9% 12 IndidAlaskan 12.3% 166 Black 80.7% 1,093 White Disabilities 55.1%. 746 . Families with Asidacific Hispanic 269 19.9% 53 I 3.9% Characteristics by Bedroom Size (Public Housing only) 1 BR 2 BR 1 BR I I I Carlsbad PHA Annual Plan - FY 2003 7 I Housing Needs of Families on the Waiting List I 5+ BR I Is the waiting list closed (select one)? If yes: How long has it been closed (# of months)? Does the PHA expect to reopen the list in the PHA Plan year? 0 No Yes Does the PHA permit specific categories of families onto. the waiting list, even if generally closed? 0 No 0 Yes C. Strategy for Addressing Needs Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list IN THE UPCOMING YEAR, and the Agency's reasons for choosing this strategy. (1) Stratwies Need: Shortage of affordable housing for all eligible populations Strategy 1. Maximize the number of affordable units available to the PHA within its current resources by: Select all that apply - Employ effective maintenance and management policies to minimize the number of public housing units off-line Reduce turnover time for vacated public housing units Reduce time to renovate public housing units Seek replacement of public housing units lost to the inventory through mixed finance development Seek replacement of public housing units lost to the inventory through section 8 replacement housing resources Maintain or increase section 8 lease-up rates by establishing payment standards that will enable families to rent throughout the jurisdiction Undertake measures to ensure access to affordable housing among families assisted by the PHA, regardless of unit size required Maintain or increase section 8 lease-up rates by marketing the program to owners, particularly those outside of areas of minority and poverty concentration Maintain. or increase section 8 lease-up rates by effectively screening Section 8 applicants to increase owner acceptance of program Participate in the Consolidated Plan development process to ensure coordination with broader community strategies Other (list below.) Carlsbad PHA Annual Plan - FY 2003 8 Strategy 2: Increase the number of affordable housing units by: Select all that apply Apply for additional section 8 units should they become available IX1 Leverage affordable housing resources in the community through the creation of mixed'- finance housing Pursue housing resources other than public housing or Section 8 tenant-based assistance. 0 Other: (list below) Need: Specific Family Types: Families at or below 30% of median Strategy 1: Target available assistance to families at or below 30 % of AMI Select all that apply 0 Exceed HUD federal targeting requirements for families at or below 30% of AMI in public housing Exceed HUD federal targeting requirements for families at or below 30% of AMI in tenant-based section 8 assistance - ~ploy-admissions-pMeremes-aimed at-families with economic hardships Adopt rent policies to support and encourage work Other: (list below) The Carlsbad Housing Agency has established an admissions preference for applicants who are at or below 30% of AMI. Need: Specific Family Types: Families at or below 50% of median Strategy 1: Target available assistance to families at or below 50% of AMI Select all that apply 0 Employ admissions preferences aimed at families who are working 0 Adopt rent policies to support and encourage work 0 Other: (list below) Carlsbad PHA Annual Plan - FY 2003 9 Need: Specific Family Types: The Elderly Strategy 1: Target available assistance to the elderly: Select all that apply 0 Seek designation of public housing for the elderly Apply for special-purpose vouchers targeted to the elderly, should they become available 0 Affirmatively market to local non-profit and social agencies that assist the 0 Advertise Housing Choice Voucher Rental Assistance program at the four Other: (list below) elderly. Senior apartment complexes and at the Senior Center Need: Specific Family Types: Families with Disabilities Strategy 1: Target available assistance to Families with Disabilities: Select all that apply 0 Seek designation of public housing for families with disabilities 0 Carry out the modifications needed in public housing based on the section 504 Needs Assessment for Public Housing IXI Apply for special-purpose vouchers targeted to families with disabilities, should they become available IXI Affirmatively market to local non-profit agencies that assist families with disabilities Other: (list below) .Affirmatively market to local social agencies that assist families with disabilities. Need: Specific Family Types: Races or ethnicities with disproportionate housing J needs Strategy 1: Increase awareness of PHA resources among families of races and Select if applicable ethnicities with disproportionate needs: IXI Affirmatively market to racedethnicities shown to have disproportionate housing IXI Other: (list below) needs Conduct Educational Seminars in Spanish at the Centro de Informacion 0 Attend Latino Network meetings on a quarterly basis Carlsbad PHA Annual Plan - FY 2003 10 Strategy 2: Conduct activities to affirmatively further fair housing Select all that apply w w IXI Counsel section 8 tenants as to location of units outside of areas of poverty or minority concentration and assist them to locate those units Market the section 8 program to owners outside of areas of poverty /minority concentrations Other: (list below) 0 Contract with Heartland Human Relations and Fair Housing Association to provide assistance in filing discrimination complaints and train swf, owners/managers and participants on Fair Housing laws and issues. Other Housing Needs & Strategies: (list needs and strategies below) (2) Reasons for Selecting Strategies Of the factors listed below, select all that influenced the PHA's selection of the strategies it will pursue: .~ . . -. ". - - - _____ ~ .. " ~ ." " . Funding constraints H Stasng constraints Limited availability of sites for assisted housing U VdrpaaI-homing-meeds are met by other organizations in the community Evidence of housing needs as demonstrated in the Consolidated Plan and other w Influence of the housing market on PHA programs H Community priorities regarding housing assistance Results of consultation with local or state government 0 Results of consultation with residents and the Resident Advisory Board Results of consultation with advocacy groups Other: (list below) Legislation and HUD Regulations information available to the PHA - 2. Statement of Financial Resources 124 CFR Part 903.7 9 (b)] List the financial resources that are anticipated to be available to the PHA for the support of Federal public housing and tenant-based Section 8 assistance programs administered by the PHA during the Plan year. Note: the table assumes that Federal public housing or tenant based Section 8 assistance grant funds are expended on eligible purposes; therefore, uses of these funds need not be stated. For other funds, indicate the use for .those funds as one of the following categories: public housing operations, public housing capital improvements, public housing safety/security, public housing supportive services, Section 8 tenant-based assistance, Section 8 supportive services or other. Carlsbad PHA Annual Plan - FY 2003 11 Financial Resources: Planned Sources and Uses Sources NIA c) HOPE VI Revitalization NIA b) Public Housing Capital Fund NIA a) Public Houshg Operating Fund NIA 1. Federal Grants (FY 2003 grants) Planned Uses Planned $ I d) HOPE VI Demolition e) Annual Contributions for Section 8 Tenant-Based Assistance f) Public Housing Drug Elimination Program (including any Technical Assistance funds) g) Resident Opportunity and Self- Sufficiency Grants h) Community Development Block Grant i) HOME -Other Federal Grants-(list below) - 2. Prior Year Federal Grants (unobligated funds only) (list below) NIA $5,544,729. Will apply for additional fundin I NIA I I I -7 3. Public Housing Dwelling Rental I NIA Income 4. Other income (list below) NIA 4. Non-federal sources (list below) NIA Total resources .. $5,544,729. Carlsbad PHA Annual Plan - FY 2003 12 I 3. PHA Policies Governing Eligibility, Selection, and Admissions [24 CFR Part 903.7 9 (c)] A. Public Housing - The PHA does not administer public housing. Exemptions: PHAs that do not administer public housing are not required to complete subcomponent 3A. jl) Elidbility a. When does the PHA verify eligibility for admission to public housing? (select all that When families are within a certain number of being offered a unit: (state number) 0 When families are within a certain time of being offered a unit: (state time) 0 Other: (describe) apply) b. Which non-income (screening) factors does the PHA use to establish eligibility for 0 Criminal or Drug-related activity 0 Rental history " ~ - Housekeeping 0 Other (describe) admission to public housing (select all that apply)? . . . - -. - - . . "" c. 0 Yes 0 No: Does the PHA request criminal records from local law enforcement agencies for screening purposes? d. 0 Yes No: Does the PHA request criminal records from State law enforcement agencies for screening purposes? e. 0 Yes No: Does the PHA access FBI criminal records from the FBI for screening purposes? (either directly or through an NCIC- authorized source) J2)Waiting List Organization a. Which methods does the PHA plan to use to organize its public housing waiting list 0 Community-wide list Sub-jurisdictional lists 0 Site-based waiting lists 0 Other (describe) b. Where may interested persons apply for admission to public housing? PHA main administrative office 0 PHA development site management office 0 Other (list below) (select all that apply) c. If the PHA plans to operate one or more site-based waiting lists in the coming year, answer each of the following questions; if not, skip to subse'ction (3) Assignment Carlsbad PHA Annual Plan - FY 2003 13 1. How many site-based waiting lists will the PHA operate in the coming year? 2. 0 Yes 0 No: Are any or all of the PHA's site-based waiting lists new for the upcoming year (that is, they are not part of a previously-HUD- approved site based waiting list plan)? If yes, how many lists? 3. Yes 0 No: May families be on more than one list simultaneously If yes, how many lists? 4. Where can interested persons obtain more information about and sign up to be on the site-based waiting lists (select all that apply)? 0 All PHA development management offices 0 - -Management offices at developments with site-based waiting lists 0 At the development to which they would like to apply 0 Other (list below) 0 PHA main administrative office J3) Assignment a. How many vacant unit choices are applicants ordinarily given before they fall to the 0 One 0 Two Three or More b. 0 ' 'Yes No: Is this policy consistent across all waiting list types? bottom of or are removed from the waiting list? (select one) c. If answer to b is no, list variations for any other than the primary public housing waiting list/s for the PHA: Carlsbad PHA Annual Plan - FY 2003 14 /4) Admissions Preferences a. Income targeting: 0 Yes 0 No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 40% of all new admissions to public housing to families at or below 30% of median area income? b. Transfer policies: In what circumstances will transfers take precedence over new admissions? (list below) Emergencies c] Overhoused Underhoused 0 Medical justification Administrative reasons determined by the PHA (e.g., to permit modernization 0 Resident choice: (state circumstances below) 0 Other: (list below) work) c. Preferences - . 1. 0 Yes 0 No: Has the PHA established preferences for admission to public housing (other than date and time of application)? (If "no" is selected, skip to subsection (5) Occupancy) ". " 2. Which of the following admission preferences does the PHA plan to employ in the coming' year? (select all that apply 'from either former Federal preferences or other preferences) Former Federal preferences: 0 Involuntary Displacement (Disaster, Government Action, Action of Housing [7 Victims of domestic violence 0 Substandard housing 0 Homelessness High rent burden (rent is > 50 percent of income) Owner, Inaccessibility, Property Disposition) Carlsbad PHA Annual Plan - FY 2003 15 Other preferences: (select below) Working families and those unable to work because of age or disability Veterans and veterans’ families 0 Residents who live and/or work in the jurisdiction ’ 0 Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) 0 Households that contribute to meeting income requirements (targeting) 0 Those previously enrolled in educational, training, or upward mobility 0 Victims of reprisals or hate crimes c] Other preference@) (list below) programs 3. If the PHA will employ admissions preferences, please prioritize by placing a “1” in the space that represents your first priority, a “2” in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either . through an absolute hierarchy or through a point system), place the same number next to each. That means you.can use “1” more than once, “2” more than once, etc. Date and Time ”* Involuntary Displacement (Disaster, Government Action, Action of Housing Victims of domestic violence Substandard housing Homelessness High rent burden -- -Oumer, Inaccessibility, Property Disposition) Other preferences (select all that apply) 0 Working families and those unable to work because of age or disability 0 Veterans and veterans’ families . 0 Residents who live andor work in the jurisdiction 0 Those enrolled currently in educational, training, or upward mobility programs 0 Households that contribute to meeting income goals (broad range of incomes) 0 Households that contribute to meeting income requirements (targeting) 0 Those previously enrolled in educational, training, or upward mobility 0 Victims of reprisals or hate crimes 0 Other preference(s) (list below) programs 4. Relationship .of preferences to income targeting requirements: 0 The PHA applies preferences within income tiers 0 Not applicable: the pool of applicant families ensures that the PHA will meet income-targeting requirements Carlsbad PHA Annual Plan - FY 2003 16 IS) Occupancy a. What reference materials can applicants and residents use to obtain information about the rules of occupancy of public housing (select all that apply) 0 The PHA's Admissions and (Continued) Occupancy policy PHA briefing seminars or written materials 0 Other source (list) ' 0 The PHA-resident lease b. How often must residents notify the PHA of changes in family composition? (select all that apply) At an annual reexamination and lease renewal 0 Any time family composition changes 0 At family request for revision Other (list) " .. . - . . . ". "." "" ~ " ~ ~ J6) Deconcentration and Income Mixing a. Yes No: Did the PHA's analysis of its family (general occupancy) developments to determine concentrations of poverty indicate .the need for measures to promote deconcentration of poverty or income mixing? _~_ "_ . - " . " - " b. Yes No: Did the PHA adopt any changes to its admissions policies based on the results of the required analysis of the need to promote deconcentration of poverty or to assure income mixing? 0 0 0 0 c. If the answer to b was yes, what changes were adopted? (select all that apply) Adoption of site-based waiting lists If selected, list targeted developments below: Employing waiting list "skipping'% to achieve deconcentration of poverty or income mixing goals at targeted developments If selected, list targeted developments below: Employing new admission preferences at targeted developments If selected, list targeted developments below: Other (list policies and developments targeted below) Carlsbad PHA Annual Plan - FY 2003 17 . d. Yes No: Did the PHA adopt any changes to other policies based on the results of the required analysis of the need for deconcentration of poverty and income mixing? e. If the answer to d was yes, how would you describe these changes? (select all that apply) 0 Additional affirmative marketing Actions to improve the marketability of certain developments 0 Adoption or adjustment of ceiling rents for certain developments 0 Adoption of rent incentives to encourage deconcentration of poverty and income- 0 Other (list below) mixing f. Based on the results of the required analysis, in which developments will the PHA make special efforts to attract or retain higher-income families? (select all that apply) 0 List (any applicable) developments below: --a ---Not app€icable:--resuits of analysisdid~-not indicatca need for such efforts ' I1 g. Based on the results of the required analysis, in which developments will the PHA 0 Not applicable: results of analysis did not indicate a need for such efforts 0 List (any applicable) developments below: - -make-s~-cfforts to assure access for lower-income families? (select all that apply) B. Section 8 Exemptions: PHAs that do not administer section 8 are not required to complete sub-component 3B. Unless otherwise specified, all questions in this section apply only to the tenant-based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). (1) Elieibilitv a. What is the extent of screening conducted by the PHA? (select all that apply) Criminal or drug-related activity only to the extent required by law or regulation c] Criminal and drug-related activity, more extensively than required by law or regulation 0 More general screening than criminal and drug-related activity (list factors below) Other (list below): The Housing Agency screens criminal or drug-related activity only to the extent required by law or regulation. The Housing Agency may waive the requirement prohibiting admission of persons evicted from the Section 8 program due to drug-related criminal activity for a three-year period, if the person demonstrates successful completion of a rehabilitation program approved by the Housing Agency. In addition, the Housing Agency will on a case-by-case basis determine if persons previously involved in violent Carlsbad PHA Annual Plan - FY 2003 18 criminal activity will be admitted to the Section 8 program. The Housing Agency may require a person who has previously been involved in violent criminal activity to document that rehabilitative efforts have been made. b. Yes 0 No: Does the PHA request criminal records fiom local law enforcement o NOTE: The PHA will request copies of criminal records fiom local law enforcement if a family member indicates that they have engaged in drug-related or violent criminal activity. agencies for screening purposes? c. c] Yes No: Does the PHA request criminal records fiom State law enforcement agencies for screening purposes? d. 0 Yes a No: Does the PHA access FBI criminal records fiom the FBI for screening purposes? (either directly or through an NCIC- authorized source) e. Indicate what kinds of information you share with prospective landlords? (select all 0 Criminal or drug-related activity Other (describe below): 0 Upon written authorization fi-om an applicant or participant,. the HA will provide a mitten response to a prospective owner divulging the following information, if available: o Name, address and telephone number of the current and three most recent landlords. o .Date of occupancy and the address of the three most recent units occupied. o The dollar amount of Section 8 damage claims paid in the last three years. o The number of people in the household. that apply) [2) Waiting List Organization a. With which of the following program waiting lists is the section 8 tenit-based None 0 Federal public housing Federal moderate rehabilitation 0 Federal project-based certificate program Other federal or local program (list below) assistance waiting list merged? (select all that apply) b. Where may interested persons apply for admission to section 8 tenant-based assistance? (select all that apply) Carlsbad PHA Annual Plan - FY 2003 19 PHA main administrative office Other (list below) 0 Via a voice mail system. , . Via the City of Carlsbad’s web-site Carlsbad PHA Annual Plan - FY 2003 20 (3) Search Time a. Yes 0 No: Does the PHA give extensions on standard 60-day period to search for a unit? If yes, state circumstances below: The applicantlparticipant will initially be issued a Voucher for the term of 120 days. An extension beyond 120 days may be granted as a "reasonable accommodation'' for a person with disabilities. Only one extension will be granted for an additional term of 60 days. The request for extension must be in writing. Extensions beyond 120 days, other than those for "reasonable accommodation", will only be considered for extenuating circumstances in which the applicantlparticipant was not able to search for housing. Third-party documentation will be required for extensions beyond 120 days. The extension granted would only be for the amount of time that the applicadparticipant was not able to search for housing. Examples of requests for extensions that prevented the "appIicant7'prticipant from searching for housing include hospitalization and/or serious illness. In most cases, 120 days is adequate time to locate a suitable unit. Extensions will not be granted because of credit problems or financial inability to relocate to another unit. I 14) Aarnissionsreferences a. Income targeting Yes [7 No: Does the PHA plan to exceed the federal targeting requirements by targeting more than 75% of all new admissions to the section 8 program to families at or below 30% of median area income? b. Preferences 1. Yes 0 No: Has the PHA established preferences for admission to section 8 tenant-based assistance? (other than date and time of application) (if no, skip to subcomponent (5) Special purpose section 8 assistance programs) 2. Which of the following admission preferences does the PHA plan to employ in the coming year? (select all that apply from either former Federal preferences or other preferences) Former Federal preferences Involuntary Displacement (Disaster, Government Action, Action of Housing 0 Victims of domestic violence Substandard housing 0 Homelessness 0 High rent burden (rent is > 50 percent of income) Owner, Inaccessibility, Property Disposition) Carlsbad PHA Annual Plan - FY 2003 21 Other preferences (select all that apply) 0 Working families and those unable to work because of age or disability Veterans and veterans’ families Residents who live andor work in your jurisdiction 0 Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) 0 Those previously enrolled in educational, training, or upward mobility programs 0 Victims of reprisals or hate crimes . IX1 Other preference(s) (list below) Displaced by Government Action A single person who is elderly, disabled or displaced is selected before a Applicants who are at or below 30% of AMI. single person who is not elderly, disabled, or displaced. 3. If the PHA will employ admissions preferences, please prioritize by placing a “1” in the space-that--represents your first priority, a “2”-in the box representing your second priority, and so on. If you give equal weight to one or more of these choices (either through an absolute hierarchy or through a point system), place the same number next to each. That means you can use “1” more than once, “2” more than once, etc. 1 Date and Time -___ ” Former Federal preferences .. Involuntary Displacement (Disaster, Government Action, Action of Housing Owner, Inaccessibility, Property Disposition) Victims of domestic violence Substandard housing Homelessness High rent burden Other preferences (select all that apply) 2 Veterans and veterans’ families: Working families and those unable to work because of age or disability A head of household or spouse who has been discharged from military service under honorable or general (except dishonorable) conditions, or a spouse of a deceased veteran will have preference over non-veterans. 1 Residents who live andor work in your jurisdiction Those enrolled currently in educational, training, or upward mobility programs Households that contribute to meeting income goals (broad range of incomes) Households that contribute to meeting income requirements (targeting) Those previously enrolled in educational, training, or upward mobility PWTrnS Victims of reprisals or hate crimes Other preference(s) (list below) Carlsbad PHA Annual Plan - FY 2003 22 0 Displaced by government action 0 A single person who is elderly, disabled or displaced is selected 1 Applicant who is at or below 30% of AMI before a single person who is not elderly, disabled or displaced. 4. Among applicants on the waiting list with equal preference status, how are applicants selected? (select one) (XI Date and time of application 0 Drawing (lottery) or other random choice technique 5. If the PHA plans to employ preferences for “residents who live and/or work in the jurisdiction” (select one) This preference has previously been reviewed and approved by HUD 0 The PHA requests approval for this preference through this PHA plan I 6. Relationship of preferences to income targeting requirements: (select one) 0 The PHA applies preferences within income tiers .” Not applicable: the pool of applicant families ensures that the PHA will meet income-targeting requirements (5) Special Purpose Section 8 Assistance Programs a. In which documents or other reference materials are the policies governing eligibility, selection, and admissions to any special-purpose section 8 program administered by the PHA contained? (select all that apply) The Section 8 Administrative Plan 0 Other (list below) Briefing sessions and written materials b. How does the PHA announce the availability of any special-purpose section 8 0. Through published notices Other (list below): 0 Mainstream Program - notifications and workshops to agencies that assist programs to the public? persons with disabilities. Carlsbad PHA Annual Plan - FY 2003 23 4. PHA Rent Determination Policies [24 CFR Part 903.7 9 (d)] A. Public Housing: The PHA does not administer public housing. Exemptions: PHAs that do not administer public housing are not required to complete sub-component 4A. /1) Income Based Rent Policies Describe the PHA’s income based rent setting policy/ies for public housing using, including discretionary (that is, not required by statute or regulation) income disregards and exclusions, in the appropriate spaces below. a. Use of discretionary policies: (select one) 0 The PHA will. not employ any discretionary rent-setting policies for income based rent in public housing. Income-based rents are set at the higher of 30% of adjusted monthly income, 10% of unadjusted monthly income, the welfare rent, or minimum rent (less HUD mandatory deductions and exclusions). (If selected, skip to sub-component (2)) 0 The PHA employs discretionary policies for determining income based rent (If selected, continue to question b.) b. Minimum Rent 1. What amount best reflects the PHA’s minimum rent? (select one) 0 $0 0 S1-W 0 -.$26-$50 2. 0 Yes 0 No: Has the PHA adopted any discretionary minimum rent hardship exemption policies? 3. If yes to question 2, list these policies below: c. Rents set at less than 30% than adjusted income 1.0 Yes 0 No: Does. the PHA plan to charge rents at a fixed amount or percentage less than 30% of adjusted income? 2. If yes to above, list the amounts or percentages charged and the circumstances under which these will be used below: Carlsbad PHA Annual Plan - FY 2003 24 d. Which of the discretionary (optional) deductions andor exclusions policies does the PHA plan to employ (select all that apply) CI 0 0 0 For the earned income of a previously unemployed household member For increases in earned income Fixed amount (other than general rent-setting policy) If yes, state amount/s and circumstances below: Fixed percentage'(other than general rent-setting policy) If yes, state percentageh and circumstances below: For household heads For other, family members For transportation expenses For the non-reimbursed medical expenses of non-disabled or non-elderly families Other (describe below) --e. Ceiling- rents -~ -- ". . I, 8, 1. Do you have ceiling rents? (rents set at a level lower than 30% of adjusted income) (select one) ~~~~~ 0 Yes for all developments 0 Yes but only for some developments 0 No 2. For which kinds of developments are ceiling rents in place? (select all that apply) 0 For all developments 0 For all general occupancy developments (not elderly or disabled or elderly only) 0 For specified general occupancy developments 0 For certain parts of developments; e.g., the high-rise portion [7 For certain size units; e.g., larger bedroom sizes 0 Other (list below) Carlsbad PHA Annual Plan - FY 2003 25 I 3. Select the space or spaces that best describe how you arrive at ceiling rents (select all that apply) 0 0 0 0 cl 0 Market comparability study Fair market rents (FMR) Wh percentile rents 75 percent of operating costs 100 percent of operating costs for general occupancy (family) developments Operating costs plus debt service The “rental value” of the unit Other (list below) f. Rent re-determinations: 1. Between income reexaminations, how often must tenants report changes in income ” or. family composition, to the~EHAsuch ihat~~theshanges result in an adjustment to rent? (select all that apply) 0 Never 0 At family option 0 by time the fmily-experien6esan-in~kcrease 0 Any time a family experiences an income increase above a threshold amount or 0 other (list below) percentage: (if selected, specify threshold) g. ‘0 Yes 0 No: Does the PHA plan to implement individual savings accounts for residents (ISAs). as an alternative to the required 12 month disallowance of earned income and phasing in of rent increases in the next year? j2) Flat Rents 1. In setting the market-based flat rents, what sources of information did the PHA use to 0 The section 8 rent reasonableness study of comparable housing 0 Survey of rents listed in local newspaper 0 Survey of similar unassisted’units in the neighborhood Other (listldescribe below) establish comparability? (select all that apply.) Carlsbad PHA Annual Plan - FY 2003 26 B. Section 8 Tenant-Based Assistance Exemptions: PHAs that do not administer Section 8 tenant-based assistance are not required to complete sub-component 4B. Unless otherwise specified, all questions in this section apply only to the tenant- based section 8 assistance program (vouchers, and until completely merged into the voucher program, certificates). fl) Payment Standards Describe the voucher payment standards and policies. a. What is the PHA's payment standard? (select the category that best describes your standard) 0 At or above 90% but belowl00% of FMR [3 100% OfFMR Above 100% but at or below 1 10% of FMR 0 Above 1 10% of FMR (if I"D approved; describe circumstances below) - b. -If the payment:-standard is -lowerthan- FMR, -why-has the -PHA--selected this standard? 0 FMRs are adequate to ensure success among assisted families in the PHA's segment of the FMR area 0 -The MA-has ~ -chosg to-serve-xhiitionalYfmilies ~ by lowering the payment standard' 0 Reflects market or submarket 0 Other (list below) (select all that apply) c. If the payment standard is higher than FMR, why has the PHA chosen this level? w FMRs are not adequate to ensure success among assisted families in the PHA's (select all that apply) segment of the FMR area Reflects market or submarket Other (list below) 0 FMRs are not adequate throughout the entire FMR area (San Diego County) for families to find appropriate housing at less than 40% of their Adjusted Monthly Income. E To increase housing options for families d. How often are payment standards reevaiuated for adequacy? (select one) [7 Annually Other (list below): 0 Annually or when new Fair Market Rents are published. Carlsbad PHA Annual Plan - FY 2003 27 e. What factors will the PHA consider in its assessment of the adequacy of its payment (XI Success rates of assisted families Rent burdens of assisted families (XI Other (list below) standard? (select all that apply) Rental Market conditions and vacancy rate (2) Minimum Rent a. What amount best reflects the PHA's minimum rent? (select one) - b. @ Yes 0 No: Has the PHA adopted any discretionary minimum rent hardship The HA, upon request fkom the participant, may provide an exception to the minimum rent requirement for hardship circumstances. Exceptions for financial hardship may be granted for the following situations: o The family has lost eligibility for or is awaiting an eligibility o The family would be evicted as a result of the imposition of the o The income of the family has decreased because of changed o A death in the family has occurred; and o Other circumstances determined by the HA or HUD. exemption policies? (if yes, list below) " determination for a Federal, State, or local assistance program; minimum rent requirement; circumstance, including loss of employment; 5. Operations and Manapement [24 CFR Part 903.7 9 (e)] Exemptions from Component 5: High performing and small PHAs are not required to complete this section. Section 8 only PHAs must complete parts A, B, and C(2) A. PHA Management Structure Describe the PHA's management structure and organization. (select one) An organization chart showing the PHA's management structure and organization A brief description of the management structure and organization of the PHA is attached. follows: Carlsbad PHA Annual Plan - FY 2003 28 B. HUD Programs Under PHA Management - List Federal programs administered by the PHA, number of families served at the beginning of the upcoming fiscal year, and expected turnover in each. (Use “NA” to indicate that the PHA does not operate any of the programs listed below.) Program Name Expected Units or Families Turnover Served at Year Beginning Public Housing N/A I Section 8 Vouchers I 703 I 50 1 Section 8 Certificates 8 CertificatesNouchers Special Purpose Section N/A Section 8 Mod Rehab N/A (PHDEP) Elimination Program Public Housing Drug (list individually) Other Federal Programs(1ist individually) C. Management and Maintenance Policies List the PHA’s public housing management and maintenance policy documents, manuals and handbooks that contain the Agency’s rules, standards, and policies that govern maintenance and management of public housing, including a description of any measures necessary for the prevention or eradication of pest infestation (which includes cockroach infestation) and the policies governing Section 8 management. (1) Public Housing Maintenance and Management: (list below) The PHA does not administer public housing. (2) Section 8 Management: (list below) o Section 8 Administrative Plan Carlsbad PHA Annual Plan - FY 2003 29 6. PHA Grievance Procedures 124 CFR Part 903.7 9 (r)] Exemptions fiom component 6: High performing PHAs are not required to complete component 6. Section &Only PHAs are exempt from sub-component 6A. A. Public Housing 1.0 Yes c] No: Has the PHA established ahy written grievance procedures in addition to federal requirements found at 24 CFR Part 966, Subpart B, for residents of public housing? If yes, list additions to federal requirements below: 2. Which PHA office should residents or applicants to public housing contact to initiate u PHA main administrative office 0 PHA development management offices 0 Other (list below) B. Section 8 Tenant-Based Assistance 1. Ix) Yes No: Has the PHA established informal review procedures for applicants to the Section 8 tenant-based assistance program and informal hearing procedures for families assisted by the Section 8 tenant-based assistance program in addition to federal requirements found at 24 CFR 982? the PHA grievance process?.(select .aJLthat apply)"- ~~. " .. . . " . ~ "" ~. . .~. If yes, list additions to federal requirements below: After a hearing date is agreed to, the family may request to reschedule only upon showing "good cause", which is defined as an unavoidable conflict which affects the health, safety or welfare of the family. If a family does not appear at a scheduled hearing and has not rescheduled the hearing in advance, the family must contact the HA within 24 hours, excluding weekends and holidays. The HA will reschedule the hearing only if the family can show good cause for the failure to appear. The family has the right to present written or oral objections to the HA's determination; examine the documents in the file which are the basis for the HA's action, and all documents submitted to the Hearing Officer; copy any relevant documents at the HA expense; present any information of witnesses pertinent to the issue of the hearing; request the HA staff be available or present at the hearing to answer questions pertinent to the case; and be represented by legal counsel, advocate, or other designated representative at their own expense. In no case will the family be allowed to remove the file fiom the HA's office. Carlsbad PHA Annual Plan - FY 2003 30 The HA has a right to present evidence and any information pertinent to the issue of the hearing; be notified if the family intends to be represented by legal counsel, advocate, or another party; examine and copy any documents to be used by the family prior to the hearing; have its attorney present; and have staff persons and other witnesses familiar with the case present. The Hearing Office will be a program manager from another HA or a professional mediatorhrbitrator. The Hearing Officer may ask the family for additional information andor might adjourn the Hearing in order to reconvene at a later date, before reaching a decision. The Informal Hearing will be recorded and the family may request a copy of the audio recording. This section does not apply to Informal Reviews for applicants, as no hearing packets are prepared by the HA and applicants may provide any relevant information at the Informal Review. 2. Which PHA office should applicants or assisted families contact to initiate the informal - review and informal hearing processes? (select all that apply) I H---- -PHAmain administrative office .. ~- I) 0 Other (list below) -. 7. Capital Improvement Needs [24 CFR Part 903.7 9 (g)] Exemptions from Component 7: Section 8 only PHAs are not required to complete this component and may skip to Component 8. A. Capital Fund Activities Exemptions from subcomponent 7A: PHAs that will not participate in the Capital Fund Program may skip to component 7B. All other PHAs must complete 7A as instructed. J1) Capital Fund Program Annual Statement Using parts I, 11, and 111 of the Annual Statement for the Capital Fund Program (CFP), identify capital activities the PHA is proposing for the upcoming year to ensure long-term physical and social viability of its public housing developments. This statement can be completed by using the CFP Annual Statement tables provided in the table library at the end of the PHA Plan template OR, at the PHA's option, by completing and attaching a properly updated HUD-52837. Select one: 0 The Capital Fund Program Annual Statement is provided as an attachment to the -or- PHA Plan .at Attachment (state name) 0 The Capital Fund Program Annual Statement is provided below: (if selected, copy the CFP Annual Statement from the Table Library and insert here) Carlsbad PHA Annual Plan - FY 2003 31 J2) Optional 5-Year Action Plan Agencies are encouraged to include a 5-Year Action Plan covering capital work items. This statement can be completed by using the 5 Year Action Plan table provided in the table library at the end of the PHA Plan template OR by completing and attaching a properly updated HUD-52834. a. 0 Yes 0 No: Is the PHA providing an optional 5-Year Action Plan for the Capital Fund? (if no, skip to sub-component 7B) b. If yes to question a, select one: 0 The Capital Fund Program 5-Year Action Plan is provided as an attachment to the -or- PHA Plan at Attachment (state name c] The Capital Fund Program 5-Year Action Plan is provided below: (if selected, copy the CFP optional 5 Year Action Plan from the Table Library and insert here) B. HOPE VI and Public Housing Development and Replacement Activities (Non-Capital Fund) Applicability of sub-component 7B: All PHAs administering public housing. Identify any approved HOPE VI and/or public housing development or replacement activities not described in the Capital Fund Program Annual Statement. - " 0 Yes 0 No: a) Has the PHA received a HOPE VI revitalization grant? (if no, skip to question c; if yes, provide responses to question b for each grant, copying and completing as many times as necessary) b) Status of HOPE VI revitalization grant (complete one set of questions for each grant) 1. Development name: 2. Development (project) number: 3. Status of grant: (select the statement that best describes the current status) 0 Revitalization Plan under development Revitalization Plan submitted, pending approval Revitalization Plan approved 0 Activities pursuant to an approved Revitalization Plan .. underway 0 Yes 0 No: c) Does the PHA plan to apply for a HOPE VI Revitalization grant in the Plan year? If yes, list development nameh below: Carlsbad PHA Annual Plan - FY 2003 32 0 Yes 0 No: d) Will the PHA be engaging in any mixed-finance development activities for public housing in the Plan year? If yes, list developments or activities below: 0 Yes 0 No: e) Will the PHA be conducting any other public housing development or replacement activities not discussed in the Capital Fund Program Annual Statement? If yes, list developments or activities below: - 8. Demolition and Disposition [24 CFR Part 903.7 9 (h)] Applicability of component 8: Section 8 only PHAs are not required to complete this section. 1.0 Yes c] No: Does the PHA plan to conduct any demolition or disposition activities (pursuant to section 18 of the U.S. Housing Act of 1937 (42 U.S.C. 1437~)) in the plan Fiscal Year? (If “No”, skip to component 9; if “yes”, complete one activity description for each development.) 2. Activity Description 0 Yes 0 No: Has the PHA provided the activities description information in the optional Public Housing Asset Management Table? (If “yes”, skip to component 9. If “No”, complete the Activity Description table below.) Demolition/Disposition Activity Description 1 I la. Development name: I Coverage of; action (select one) Carlstjad PHA Annual Plan - FY 2003 33 L b. Projected end date of activity: I Carlsbad PHA Annual Plan - FY 2003 34 - 8. Designation of Public Housing for Occupancy by Elderlv Families or Families with Disabilities or Elderly Families and Families with Disabilities [24 CFR Part 903.7 9 (i)] Exemptions fiom Component 9; Section 8 only PHAs are not required to complete this section. 1. Yes 0 No: Has the PHA designated or applied for approval to designate or does the PHA plan to apply to designate any public housing for occupancy only by the elderly families or only by families with disabilities, or by elderly families and families with disabilities or will apply for designation for occupancy by only elderly families or only families with disabilities, or by elderly families and families with disabilities as provided by section 7 of the U.S. Housing Act of 1937 (42 U.S.C. 1437e) in the upcoming fiscal year? (If “No”, skip to component 10. If “yes”, complete one activity description for each development, unless the PHA is eligible to complete a streamlined --submission; --Pus -completing streamlined submissions may skip to component 10.) 2. Activity Description 0 Yes 0 No: Has the PHA provided all required activity description information for this ~ cTjmponent in the -optional -Public Housing Asset Management Table? If “yes”, skip to component 10. If “No”, complete the Activity Description table below. Designation of Public Housing Activity Description 1 a. Development name: 1 b. Development (project) number: 2. Designation type: Occupancy by ,only the elderly 0 Occupancy by families with disabilities Occupancy by only elderly families and families with disabilities 0 Approved; included in the PHA’s Designation Plan Submitted, pending approval 0 Planned application 0 3. Application status (select one) 4. Date this designation approved, submitted, or planned for submission: (DD- 5. If approved, will this designation constitute a (select one) 0 New Designation Plan 0 Revision of a previously-approved Designation Plan? 6. Number of units affected: 7. Coverage of action (select one) 0 Part of the development 0 Total development Carlsbad PHA Annual.Plan - FY 2003 35 I 10. Conversion of Public Housing to Tenant-Based Assistance [24 CFR Part 903.7 9 ti)] Exemptions from Component IO; Section 8 only PHAs are not required to complete this section. A. Assessments of Reasonable Revitalization Pursuant to section 202 of the HUD FY 1996 HUD Appropriations Act 1.0 Yes No: Have any of the PHA’s developments or portions of developments been identified by HUD or the PHA as covered under section 202 of the HUD FY 1996 HUD Appropriations Act? (If “No”, skip to component 11; if ‘byes”, complete one activity description for each identified development, unless eligible to complete a streamlined submission. PHAs completing streamlined submissions may skip to component 1 1 .) 2. Activity Description -aYes-[f-No: Has the PHA provided all .required activity description information for this component in the optional Public Housing Asset Management Table? If “yes”, skip to component 11. If “No”, complete the Activity Description table below. ___ ” ” Conversion of Public Housing Activity Description 1 a. Development name: lb. Development (project) number: 2. What is the status of the required assessment? 0 Assessment underway 0 Assessment results submitted to HUD 0 ’ Assessment results approved by HUD (if marked, proceed to next 0 Other (explain below) question) 3. 0 Yes 0 No: Is a Conversion Plan required? (If yes, go to block 4; if no, go to block 5.) 4. Status of Conversion Plan (select the statement that best describes the current status) 0 Conversion Plan in development 0 Conversion Plan submitted to HUD on: (DDAWWYYYY) 0 Conversion Plan approved by HUD on: (DDMMNYYY) 0 Activities pursuant to HUD-approved Conversion Plan underway .. 5. Description of how requirements of Section 202 are being satisfied by means other than conversion (select one) 0 Units addressed in a pending or approved demolition application (date 0 Units addressed in a pending or approved HOPE VI demolition application submitted or approved: Carlsbad PHA Annual Plan - FY 2003 36 (date submitted or approved: ) (date submitted or approved: ) Units addressed in a pending or approved HOPE VI Revitalization Plan 0 Requirements no longer applicable: vacancy rates are less than 10 percent c] Requirements no longer applicable: site now has less than 300 units Other: (describe below) I I B. Reserved for Conversions pursuant to Section 22 of the U.S. Housing Act of 1937 1 1 C. reserved for Conversions pursuant to Section 33 of the U.S. Housing Act of 1937 ] 11. Homeownership Programs Administered by the PHA [24 CFR Part 903.7 9 (k)] A. Public Housing Exemptions fiom Component 1 1A: Section 8 only PHAs’are not required to complete 11A. 1. Yes 0 No: Does the PHA administer any homeownership programs administered by the PHA under an approved section 501) homeownership program (42 U.S.C. 1437c(h)), or an approved HOPE I program (42 U.S.C. 1437aaa) or has the PHA applied or plan to apply to administer any homeownership programs under section 5@), the HOPE I program, or section 32 of the U.S. Housing Act of 1937 (42 U.S.C. 14372-4). (If “Noyy, skip to component 11B; if “yes”, complete one activity description for each applicable progrdplan, unless eligible to complete a streamlined submission due to small PHA or high performing PHA status. PHAs completing streamlined submissions may skip to component 1 1B.) 2. Activity Description 0 Yes No: Has the PHA provided all required activity description information for this component in the optional Public Housing Asset Management Table? .(If “yes”, skip to component 12. If “No”, complete the Activity Description table below.) Carlsbad PHA Annual. Plan - FY 2003 37 Public Housing Homeownership Activity Description (Complete one for each development affected) la. Development name: 1 b. Development (project) number: 2. Federal Program Agency: 0 HOPE1 Turnkey III 0 Section 32 of the USHA of 1937 (effective 10/1/99) 0 Approved; included in the PHA’s Homeownership PladProgram c] Submitted, pending approval 0 Planned application F 0 501)’ 3. Application status: (select one) 4. Date Homeownership Plan/Program approved, submitted, or planned for submission: JDD/”/TYYY) 5. Number of units affected: 6. Coverage of action: (select one) Part of the development 0 Total development / B. Section 8 Tenant Based Assistance 1. Yes No: Does the PHA plan to administer a Section 8 Homeownership program pursuant to Section 8(y) of the U.S.H.A. of 1937, as implemented by 24 CFR part 982 ? (If “No”, skip to component 12; if “yes”, describe each program using the table below (copy and complete questions for each program identified), unless the PHA is eligible to complete a streamlined submission due to high performer status. High performing PHAs may skip to component 12.) Note: The PHA will, at a minimum, offer homeownership assistance if needed as a reasonable accommodation for a family member who is a person with disabilities. The PHA has analyzed implementing a Section 8 Homeownership Program and made the determination that at this time it would not be viable due to lack of funding and the high cost of housing. Carlsbad PHA Annual Plan - FY 2003 38 . 2. Program Description: a. Size of Program 0 Yes 0 No: Will the PHA limit the number of families participating in the section 8 homeownership option? If the answer to the question above was yes, which statement best describes the number of participants? (select one) 25 or fewer participants 0 26 - 50 participants 0 5 1 to 100 participants 0 more than 100 participants b. PHA-established eligibility criteria 0 Yes 0 No: Will the PHA's program have eligibility criteria for participation in its. Section 8 Homeownership .Option program in addition to HUD criteria? If yes, list criteria below: - "FHA Community Service and Self-suficiencv Proprams [24 CFR Part 903.7 9 (l)] Exemptions fiom Component 12: High performing and small PHAs are not required to complete this component. Section 8-Only PHAs are not required to complete sub-component C. A. PHA Coordination with the Welfare (TAN0 Agency 1. Cooperative agreements: 0 Yes MI No: Has the PHA has entered into a cooperative agreement with the TANF Agency, to share information and/or target supportive services (as contemplated by section 12(d)(7) of the Housing Act of 1937)? If yes, what was the date that agreement was signed? DDMIWW 2. Other coordination efforts between the PHA and TANF agency (select all that apply) Client referrals Information sharing regarding mutual clients (for rent determinations and otherwise) Coordinate the provision of specific social and self-sufficiency services ,and programs to eligible families 0 Jointly administer programs Partner to administer a HUD Welfare-to-Work voucher program MI Other (describe) Joint administration of other demonstration program Quarterly Community Agency Interchange meetings Carlsbad PHA Annual Plan - FY 2003 39 B. Services and programs offered to residents and participants J1) General a. Self-sufficiency Policies Which, if any of the following discretionary policies will the PHA employ to enhance the economic and social self-sufficiency of assisted families in the following areas? (select all that apply) 0 Public housing rent determination policies 0 Public housing admissions policies 0 Section 8 admissions policies / 0 Preference in admission to section 8 for certain public housing families 0 Preferences for families working or engaging in training or education 0 Preference!eligibility for public housing homeownership option 0 Preference/eligibility for section 8 homeownership option participation 0 Other policies (list below) programs for non-housing programs operated or coordinated by the PHA .” pdcipation-.‘. ”” ~ - ~ - . .. - ~.~ - . .- . - b. Economic and Social self-suffciency programs Yes [7 No: Does the PHA coordinate, promote or provide any programs to enhance the economic and social self-sufficiency of residents? (If “yes”, complete the following table; if “no” skip to sub-component 2, Family Self Sufficiency Programs. The position of the table may be altered to facilitate its use. ) 1 Services and Programs I Program Name & Description Size (including location, if appropriate) Estimated Community Opportunities entire Program (Regional Opportunity 500 (for county) Counseling Program) Allocation Method (waiting listhandom selectiodspecific criteridother) Specific criteria related to suitability for the program Access and public housing participants are I t I I I I Carlsbad PHA Annual Plan - FY 2003 40 J2) Family Self Sufficiency prograds a. Participation Description Family Self Sufficiency (FSS) Participation Program Actual Number of Participants Required Number of Participants Public Housing Not Applicable Section 8 30 32 (start of FY 2000 Estimate) (As of: DDIMWY) As of: 02/01/03 b. Yes 0 No: If the PHA is not maintaining the minimum program size required by HUD, does the most recent FSS Action Plan address the steps the PHA plans to take to achieve at least the minimum program size? If no, list steps the PHA will take below: C. Welfare Benefit Reductions I 1. The PHA is complying with the statutory requirements of section 12(d) of the U.S. Housing Act of 1937 (relating to the treatment of income changes resulting from welfare program requi-rements) by- (select all that apply) c] Adopting appropriate changes to the PHA’s public housing rent determination policies and train staff to carry out those policies Informing residents of new policy on admission and reexamination Actively notifylng residents of new policy at times in addition to admission and reexamination. Establishing or pursuing a cooperative agreement with all appropriate TANF agencies regarding the exchange of information and coordination of services 0 Establishing a protocol for exchange of information with all appropriate TANF agencies 0 Other: (list below) D. Reserved for Community Service Requirement pursuant to section 12(cj of the U.S. Housing Act of 1937 Carlsbad PHA Annual Plan - FY 2003 41 13. PHA Safe@ and Crime Prevention Measures [24 CFR Part 903.7 9 (m)] Exemptions From Component 13: High performing and small PHAs not participating in PHDEP and Section 8 Only PHAs may skip to component 15. High Performing and small PHAs that are participating in PHDEP and are submitting a PHDEP Plan with this PHA Plan may skip to sub-component D. A. Need for measures to ensure the safety of public housing residents 0 0 1. Describe the need for measures to ensure the safety of public housing residents (select High incidence of violent and/or drug-related crime in some or all of the PHA's all that apply) 0 0 I I 0 developments High incidence of violent and/or drug-related crime in the areas surrounding or adjacent to the PHA's developments Residents fearful for their safety and/or the safety of their children Observed lower-level crime, vandalism and/or graffiti People on waiting list unwilling to move into one or more developments due to perceived and/or actual levels of violent and/or drug-related crime Other (describe below) ". ~~- "" - __-- - L. w Xat information or data dldThe PHA used to determinie need for PHA actions to improve safety of residents (select all that apply). 0 0 0 0 o 0 Safety and security survey of residents Analysis of crime statistics over time for crimes committed "in and around" public housing Agency Analysis of cost trends over time for repair of vandalism and removal of graffiti Resident reports PHA employee reports Police reports Demonstrable, quantifiable success with previous or ongoing anticrime/anti drug programs Other (describe below) 3. Which developments are most affected? (list below) Carlsbad PHA Annual Plan - FY 2003 42 B. Crime and Drug Prevention activities the PHA has undertaken or plans to. undertake in the next PHA fiscal year 1. List the crime prevention activities the PHA has undertaken or plans to undertake: (select all that apply) Contracting with outside and/or resident organizations for the provision of crime- 0 Crime Prevention Through Environmental Design 0 Activities targeted to at-risk youth, adults, or seniors Volunteer Resident PatroVBlock Watchers Program 0 Other (describe below) andor drug-prevention activities 2. Which developments are most affected? (list below) C. Coordination between PHA and the police 1 .--Describe-*he -eeordisrtti~n-between~-~e~PHA--and-the-appropriate police precincts for carrying out crime prevention measures and activities: (select all that apply) c] Police involvement in development, implementation, and/or ongoing evaluation 0 Police provide crime data to housing Agency staff for analysis and action Police have established a physical presence on housing Agency property (e.g., Police regularly testify in and otherwise support eviction cases 0 Police regularly meet with the PHA management and residents c] Agreement between PHA and local law enforcement agency for provision of above-baseline law enforcement services 0 Other activities (list below) 2. Which developments are most affected? (list below) .--flm.iep*-~ .. __ ~- "" ~~ -. - -. - .. " . community policing office, oficer in residence) D. Additional information as required by PHDEPPHDEP Plan PHAs eligible for FY 2000 PHDEP fimds must provide a PHDEP Plan meeting specified requirements prior to receipt of PHDEP funds. 0 Yes 0 No: Is the PHA eligible to participate in the PHDEP in the fiscal year 0 Yes 0 NO: Has the PHA included the PHDEP Plan for FY 2000 in this PHA Plan? 0 Yes 0 No: This PHDEP Plan is an Attachment. (Attachment Filename: A covered by this PHA Plan? Carlsbad PHA Annual Plan - FY 2003 43 114. RESERVED FOR PET POLICY [24 CFR Part 903.7 9 (n)] 15. Civil Riphts Certifications [24 CFR Part 903.7 9 (o)] Civil rights certifications are included in the PHA Plan Certifications of Compliance with the PHA Plans and Related Regulations. 16. Fiscal Audit [24 CFR Part 903.7 9 (p)] 1. Yes 0 No: IS the PHA required to have an audit conducted under section 5(h)(2) of the U.S. Housing Act of 1937 (42 U S.C. 1437c(h))? (If no, skip to component 17.) ' "2 -fjQL-y-B>T es~ 0: Wast~oiXrece~tXscd~dGiib~ed to HUD? 1: 3. 0 Yes (XI No: Were there any findings as #e result of #at audit? 4.0 Yes 0 No: If there were any findings, do any remain unresolved? If yes, how many unresolved findings remain? HUD? If not, when are they due (state below)? By7s-.yN .. - H".. 0: ave responses -to- any unresolved findings been submitted to 17. PHA Asset Management [24 CFR Part 903.7 9 (q)] Exemptions from component 17: Section 8 Only PHAs are not required to complete this component. High performing and small PHAs are not required to complete this component. 1. 0 Yes 0 No: Is the PHA engaging in any activities that will contribute to the long- term asset management of its public housing stock , including how the Agency will plan for long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs that have not been addressed elsewhere in this PHA Plan? 2. What types of asset management activities will the PHA undertake? (select all that 0 O 0 0 0 apply) Not applicable Private management Development-based accounting Comprehensive stock assessment Other: (list below) Carlsbad PHA Annual Plan - FY 2003 44 3. Yes No: Has the PHA included descriptions of asset management activities in the optional Public Housing Asset Management Table? 18. Other Information 124 CFR Part 903.7 9 (r)] A. Resident Advisory Board Recommendations 1. Yes 0 No: Did the PHA receive any comments on the PHA Plan from the Resident Advisory Boards? 2. 0 0 If yes, the comments are: (if comments were received, the PHA MUST select one) Attached at Attachment (File name) Provided below: ' 3. In what manner did the PHA address those comments? (select all that apply) 0 Considered comments, but detennined that no changes to the PHA Plan were 0 The PHA changed portions of the PHA Plan in response to comments 0 Other: (list below) necessary. List changes below: Resident Advisorv Board Recommendations Carlsbad PHA Annual Plan - FY 2003 45 B. Description of Election process for Residents on the PHA Board 1. 0 Yes Ix) No: Does the PHA meet the exemption criteria provided section 2(b)(2) of the U.S. Housing Act of 1937? (If no, continue to question 2; if yes, skip to sub-component C.) 2.0 Yes No: Was the resident who serves on the PHA Board elected by the residents? (If yes, continue to question 3; if no, skip to sub- component C.) 3. Description of Resident Election Process a. Nomination of candidates for place on the ballot: (select all that apply) 0 Candidates were nominated by resident and assisted family organizations [7 Candidates could be nominated by any adult recipient of PHA assistance 0 Self-nomination: Candidates registered with the PHA and requested a place on 0 Other: (describe) ..ballot - :. ~ -- . ." b. Eligible candidates: (select one) Any head of household receiving PHA assistance Any adult recipient of PHA assistance 0 Any adult member of a resident or assisted family organization 0 Other (list) L 121 f.p~~,&~ .~ ~ - - - c. Eligible voters: (select all that apply) 0 All adult recipients of PHA assistance (public housing and section 8 tenant-based assistance) 0 Representatives of all PHA resident and assisted family organizations 0 Other (list) Carlsbad PHA Annual Plan - FY 2003 46 C. Statement of Consistency with the Consolidated Plan For each applicable Consolidated Plan, make the following statement (copy questions as many times as necessary). 1. Consolidated Plan jurisdiction: (provide name here) CITY OF CARLSBAD 2. The PHA has taken the following steps to ensure consistency of this PHA Plan with the Consolidated Plan for the jurisdiction: (select all that apply) IXI IXI IXI IXI 0 The PHA has based its statement of needs of families in the jurisdiction on the needs expressed in the Consolidated Plank. The PHA has participated in any consultation process organized and offered by the Consolidated Plan agency in the development of the Consolidated Plan. The PHA has consulted with the Consolidated Plan agency during the development of this PHA Plan. Activities to be undertaken by the PHA in the coming year are consistent with the 0 Provide direct benefit to lower income persons through the provision or retention of affordable housing units within Carlsbad - PHA has established a local priority to assist applicants who are at or below 30% of the AMI. " initiatives contained in the Consolidated Plan..(listbelow) .. . . ~ Qth-er: (list-below) 2. The Consolidated Plan of the jurisdiction supports the PHA Plan with the following 0 Providing HOME funds to develop an affordable housing project that will 1 actions and commitments: (describe below) increase the available housing in the jurisdiction. D. Other Information Required by HUD Use this section to provide any additional information requested by HUD. Carlsbad PHA Annual Plan - FY 2003 47 Attachments I, STATEMENT OF PROGRESS IN MEETING THE 5-YEAR PLAN AND GOALS PHA Goal: Expand the supply of assisted housing: The Carlsbad Housing Agency submitted an application for the Section 8 Housing Choice Voucher Incremental Funding Program and will continue to submit applications in response to Notices of Funding Available (NOFA). The Housing Agency has received 125 additional Vouchers since FY 2000. Through the City’s Inclusionary Housing requirement approximately 140 units have been developed, since FY 2000, providing additional opportunities for Section 8 participants especially in a tight rental market. . .. ~ . . . .. . . . . . . . PHA Goal: Leverage private or other public funds to create additional housing opportunities: The Carlsbad Housing Agency has utilized the Inclusionary Housing Ordinance, Housing Trust+nds, Redevelopment funds, CDBG funds and HOME funds to assist development of additional affordable housing opportunities. The following are in the process of development or approval: Sunny Creek 50 rental units - completed November 2002 Calavera Hills 106 rental units Villages of La Costa 180 rental units Kelly Ranch 122 rental units Also, the agency is in the process of purchasing approximately .5 acre of land within the Redevelopment area to potentially provide another 10 rental units. In addition, the following for-sale affordable units are in the process of development or approval: Jefferson Senior Condos 26 units (8 low-income, 18 moderate income) Village by the Sea Condos 10 units Rose Bay Townhomes 24 units Laguna Point Condos 3 units Bressi Ranch 100 units PHA Goal: Improve the quality of assisted housing: 0 The Carlsbad Housing Agency received a “High Performer” ranking on the SEW Certification for FY 2001. The PHA has submitted the SEW Certification for FY 2002 and is awaiting notification from HUD of the final ranking. Carlsbad PHA Annual Plan - FY 2003 48 0 Applicants, participants, property owners and members of the community continually recognize the Housing Agency as providing excellent customer service. 0 The Housing Agency is in the process of developing a rental property owner survey to: Measure the overall satisfaction of the Housing Agency’s customer service; Identify areas of service that need improvement; Determine interest in an “Electronic Deposit” system for Housing Assistance Evaluate the level of interest for Owner educational workshops; and . Identify rental owner’s reservations and/or objections to participation in the Payments; Rental Assistance Program. 0 The Housing .Agency is continually looking at areas to streamline the lease process; the majority of initial HAP checks to owners are mailed within two weeks of the effective lease date. 0 The Housing Agency is aggressively working towards increasing the utilization rate. The waiting time for a resident, whose income is less than 30% of the AMI, has been reduced to approximately 6 months to 1 year. 0 The Housing Agency developed a Rental Assistance Participant Education Enhancement Program and the following informational workshops have been conduaed or will be conducted prior to June 30,2003: o Fair Housing and Tenant’s Rights and Housing Education and Eviction o A Fair Housing and Tenant/Landlord Seminar - conducted in English and o Section 8 Rental Assistance Program - conducted in Spanish. ” - . .. - Prevention. Spanish. The Housing Agency is in the process of developing a survey to determine the educational interests andor needs of the participants. PHA Goal: Increase assisted housing choices: The Carlsbad Housing Agency continues to provide voucher mobility counseling at all briefings, intakes and move appointments. The Housing Agency conducted one Rental Property Owner informational workshop in April 2003 in collaboration with the other housing agencies in San Diego County. The payment standards were increased October 1, 2002 to 1 10% of the KUD Fair Market Rents to increase housing opportunities for Section 8 participants. A large number of contacts have been made with potential property owners who are. interested in participating in the Section 8 program and the agency has recruited 36 new owners to date. Carlsbad PHA Annual Plan - FY 2003 49 PHA Goal: Promote self-sufficiency and asset development of assisted households: 0 The Carlsbad Housing Agency continues to administer a Family Self-Sufficiency Program. Housing staff meets at least bi-annually and communicates on a regular basis with agencies that assist persons with disabilities to assist mutual clients and to obtain information about supportive services available for persons with disabilities. 0 The Carlsbad Housing Agency provides information to participants on homeownership opportunities and first-time homebuyers programs that the department offers. In fiscal year 2002, the programs offered were: Mortgage Credit Certificate Program (MCC) and Lease to Purchase Prograin. In addition, the agency provided information on the Rose Bay Town Homes and Jefferson Senior Condominiums, which are offering 50 affordable for-sale units. PHA Goal: Ensure Equal Opportunity in Housing for all Americans: The Housing Agency continues -to provide- in€ormation about equal opportunity and fair housing at all Section 8 Prograin briefings, and upon request from participants and the public. The Agency contracts with Heartland Human Relations and Fair Housing Association to provide staff and property owners fair housing training and provide fair housing assistance to Carlsbad residents. The Housing Agency provides information regarding reasonable accommodation to participants and applicants, and offers reasonable accommodation for persons with disabilities when appropriate. The Housing Agency has published a packet for persons with disabilities, including information on agencies that assist persons with disabilities, accessible units, and financial resources for making alterations to units. RESIDENT MEMBERSHIP OF THE PHA GOVERNING BOARD The Housing Commission consists of five members, two of which are participants of the Section 8 program. The Chair of the Housing and Redevelopment Commission appoints the members of the Housing Commission. The two participant members participants are: Bobbie Smith term expires: July 2003 Cunently vacant term expires: July 2003 MEMBERSHIP OF THE RESIDENT ADVISORY BOARD Use this section to provide any additional attachments referenced in the Plans. PHA Plan Table Library Carlsbad PHA Annual Plan - FY 2003 50 Component 7 Capital Fund Program Annual Statement Parts I, 11, and I1 Annual Statement Capital Fund Program (CFP) Part I: Summary Capital Fund Grant Number FFY of Grant Approval: 0 Original Annual Statement r Line No. Summary by Development Account Total Estimated cost II Total Non-CGP Funds 1406 Operations 1408 Management Improvements 114.10 Administration 5. 6 7 8 ~- 9 10 11 12 13 14 15 16 17 18 1141 1 Audit 14 15 Liquidated Damages 1430 -Fees and Costs ~~~ ~ ~~~ I 1440 Site Acquisition -~ I 1450 Site Improvement 1460 Dwelling Structures v- I 1465.1 Dwelling Equipment-Nonexpendable ~~ I 1470 Nondwelling Structures I 1 1475 Nondwelling Equipment 1485 Demolition I 1490 Replacement Reserve I 1 1492 Moving to Work Demonstration I 1 1495.1 Relocation Costs 1498 Mod Used for DeveloDment 121 ~ 1502 Contingency Amount of Annual Grant (Sum of lines 2-19) Amount of line 20 Related to LBP Activities ~ 22 Amount of line 20 Related to Section 504 Compliance 23 Amount of line 20 Related to Energy Conservation 24 Amount of line 20 Related to Security Measures Annual Statement Capital Fund Program (CFP) Part 11: Supporting Table Carlsbad PHA Annual Plan - FY 2003 51 Development VumberMame !"Wide Activities ;enera1 Description of Major Worl 2ategories levelopment 4ccoLult rJumber Capital Fund Program (CFP) Part 111: Implementation Schedule Development HA-Wide Activities (Quarter Ending Date) NumberName All Funds Obligated .. i :otal %timated Zost All Funds Expended :Quarter Ending Date) Carlsbad PHA Annual Plan - FY 2003 52 1 Carlsbad PHA Annual Plan - FY 2003 53 c1 El 3 s W 0 L t ATTACHMENT I r-" U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Certifications of Compliance with the PHA Plans and Related Regulations Board Resolution to Accompany the PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency @‘HA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the 5-y~ Plan and Annual Plan for PHA fiscal year beginning 2003, hereinafter referred to as the Plan of which this document is a part and make the following certifications and agreements with the Department ofHousing Development (HUD) in connection with the submission of the Plan and implementation thereof 1. 2. 3. 4. 5. 6. 7. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation ofan Analysis of Impediments to Fair Housing Choice, for the PHA’s jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. The PHA will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title I1 of the Americans with Disabilities Act of 1990. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impedimentsin a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction’s initiatives to affirmatively further fair housing that require the PHA’s involvement and maintain records reflecting these analyses and actions. For PHA Plan that includes a policy for site based waiting lists: The PHA regularly submits required data to HUD’s MTCS in an accurate, complete and timely manner (as specified in PIH Notice 99-2); The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units crf different sizes and types at each site; Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; 0 The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; 0 The PHA provides fcr review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(~)(1). PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 1 of 3 . .. U.S. Department of Housing and Urban Development Office of Public and Indian Housing 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low- or Very-Low Income Persons, and with its implementing regulation at 24 CFR Part 135. The PHA has submitted with the Plan a certification with regard to a drug free workplace required by 24 CFR Part 24, Subpart F. The PHA has submitted with the Plan a ceitification with regard to compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms if required by this Part, and with restrictions on payments to influence Federal Transactions, in accordance with the Byrd Amendment and implementing regulations at 49 CFR Part 24. For PHA Plan that includes a PHDEP Plan as specified in 24 CFR 76 1.2 1 : The PHDEP Plan is consistent with and conforms to the "Plan Requirements" and "Grantee Performance Requirements" as specified in 24 CFR 761.21 and 761.23 respectively and the PHA will maintain and have available for reviewhnspection (at all times), records or documentation of the following: Baseline law enforcement services for public housing developments assisted under the PHDEP Consortium agreementh between the PHAs participating in the consortium and a copy of the plan; payment agreement between the consortium and HUD (applicable only to PHAs participating in a consortium as specified under 24 CFR 761.15); providing funding, services or other in-kind resources for PHDEP-funded activities; Partnership agreements (indicating specific leveraged support) with agencies/organizations Coordination with other law enforcement efforts; Written agreement(s) with local law enforcement agencies (receiving any PHDEP funds); and . All crime statistics and other relevant data (including Part I and specified Part I1 crimes) that The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). The PHA will provide HUD or the responsible entity any documentation that the Department needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58. With respect to public housing the PHA wiil comply with Davis-Bacon or HUD determined wage rate requirements under section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. The PHA will comply with the Lead-Based Paint Poisoning Prevention Act and 24 CFR Part 35. , The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments) and 24 CFR Part 85 (Administrative Requirements for Grants.and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments.). The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. establish need for the public housing sites assisted under the PHDEP Plan. PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 2 of 3 U.S. Department of Housing and Urban Development Office of Public and Indian Housing 22. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and attachments at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business ofiice of the PHA. -Y CA07 7 PHAName PHANumber Signm3Date.d by PHA Board Chair or other authorized PHA official .. .. PHA Certifications of Compliance with the PHA Plans and Related Regulations 12/99 Page 3 of 3 U.S. Department of Housing and Urban.Development Office of Public and Indian Housing Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan 1, Deborah K. Fountain the Housing and Redevelopment Director certify that the Five Year and Annual PHA Plan of the cirY Of Housing Agency is consistent with the Consolidated Plan of City of Carlsbad prepared pursuant to 24 CFR Part 9 1. Signed / Dated by Appropriate State or Local Official Certification by State and Local Official of PHA Plans Consistency with the Consolidated Plan to Accompany the HUD 50075 OMB Approval No. 2577-0226 Expires 0313 112002 (7199) Page 1 of 1 DOCUMI&T C Regional Analysis of Impediments to Fair Housing Choice in the San Diego Area October 2000 . ._ ............. . ~ ~ ~ "" - ....... ." Analysis of Impediments to Fair Housing Choice Table of Contents Introduction ........................................................................................................................................................................... v Chapter 1 Executive Summary ...................................................................................................... 1 Background and Acknowledgements .................................................................................................................................... 1 Methodology ......................................................................................................................................................................... 2 Definitions ............................................................................................................................................................................. 1 The Public Participation Process. .......................................................................................................................................... 3 Findings of Potential Impediments to Fair Housing Choice for the Region ......................................................................... 3 Findings of Documented Impediments to Fair Housing Choice for the Region .................................................................. 4 Conclusions ........................................................................................................................................................................... 4 Recommendations ....... : ......................................................................................................................................................... 4 Expected Time Frame for Implementation ............................................................................................................................. 5 Chapter 2 Analysis of Impediments .................. ............................................................................ 7 Historical Background and Introduction of Analysis ........................................................................................................... 7 Definltlons 7 Fair Housing Choice ............................................................................................................................................................. 7 .. ............................................................................................................................................................................. Impediments to Fair Housing Choice ................................................................................................................................... 7 The Public Participation Process ........................................................................................................................................ 10 Pertinent Fair Housing Law ................................................................................................................................................ 13 Methodology ......................................................................................................................................................................... 8 Chapter 3 . Jurisdiction Profile and Data ....................................................................................... 19 Introduction ......................................................................................................................................................................... 19 Carlsbad .............................................................................................................................................................................. 19 Chula Vista ......................................................................................................................................................................... 28 El Caj on .............................................................................................................................................................................. 38 Encinitas .............................................................................................................................................................................. 51 Escondido ............................................................................................................................................................................ 60 La Mesa .............................................................................................................................................................................. 68 National city .................................................................................. i .................................................................................... 76 Oceanside ............................................................................................................................................................................ 86 San Diego (City of) ............................................................................................................................................................. 95 Santee 109 Vista ............................................................................................................................................................................ 117 Analysis of Categories with Regional Impact .................................................................................................................. 128 Employment, Education and Transportation Trends ........................................................................................................ 128 Housing Redevelopment and NIMBY (Not-In-My-Backyard) Issues ............................................................................. 130 .. ............................................................................................................................................................................ 1 . Fair Housing Council of San Diego _. "_ """I_ Chapter 4 Current Fair Housing Profile-Regional .................................................................. 131 introduction ...................................................................................................................................................................... 131 National and Regional Fair Housing Audits ....................... ; ............................................................................................ 131 Regional Issues ................................................................................................................................................................. 132 Advertising Policies and Practices ................................................................................................................................... 132 Rental Housing ................................................................................................................................................................. 135 Sale of Existing Housing .................................................................................................................................................. 136 Subprime Lending ............................................................................................................................................................ 149 Lending ........................................................................................................................................................................... 137 Homeowners Insurance .................................................................................................................................................... 151 Familial Status Testing ..................................................................................................................................................... 165 Substantially Equivalent. .................................................................................................................................................. 167 Complaints Filed with Enforcement Entities by Jurisdictio n. .......................................................................................... 168 Fair Housing Settlement Awards ..................................................................................................................................... 174 Zoning ........................................................................................................................................................................... 174 Land Use .......................................................................................................................................................................... 174 Accessibility Testing ........................................................................................................................................................ 178 Hate Crimes ...................................................................................................................................................................... 185 Affordable Housing .......................................................................................................................................................... 188 Available Housing ............................................................................................................................................................ 188 Public Assisted Housing .................................................................................................................................................. 188 School Desegregation ...................................................................................................................................................... 189 Regional Potential Impediments to Fair Housing ...................................................................................................... : ..... 190 Regional Documented impediments to Fair Housing ...................................................................................................... 192 Chapter 5 Proactive Strategies for Afirmatively Furthering Fair Housing and Implementing Fair Housing Plan .............................................................................................................................. 193 Introduction ...................................................................................................................................................................... 193 Strategy to Address Negative Effects and Guide Fair Housing Policy ............................................................................ 193 Fair Housing Outreach. Education. Technical Assistance and Complaint Processing in the Region. ............................. 200 Other Fair Housing Resources in the Region ................................................................................................................... 200 Recommendations and Conclusions ................................................................................................................................ 200 11 ". __ Analysis of impediments to Fair Housing Choice .. . Appendix A Acronyms .................................................................................................................. A-1 Appendix B Fair Housing Resource Board .Membership .............................................................. B-1 Appendix C Community Involvement Surveys ............................................................................. C- 1 Realtor Group Survey ....................................................................................................................................................... C-2 Consumer Group Survey ................................................................................................................................................... C-3 Banker Group Survey ........................................................................................................................................................ C-6 New Construction Survey ................................................................................................................................................. C-7 List of Individuals and Organizations Who Returned Survey .......................................................................................... C-9 Appendix D Appendix E Appendix F Appendix G Appendix H Appendix I Appendix J Appendix K Appendix L Appendix M Appendix N Appendix 0 Appendix P City of Vista Social Services ..................................................................................... D-1 Relevant Case Law ..................................................................................................... E-1 Advertising Task Force Membership List .................................................................. F- 1 Insurance Telephone Testing-Agencies Contacted ................................................ G- 1 Familial Status Telephone Testing-Addresses Contacted ...................................... H-1 Accessibility Testing-Addresses Visited .................................................................. 1-1 Hate Crimes and Equal Opportunity in Housing ....................................................... J- 1 Housing Affordability, Jobs/Housing Balance and Fair Housing ............................. K- 1 . Sample Activities Conducted by Government-Based Fair Housing Services .......... 1-1 Sample Activities Conducted by a Private Non-Profit Agency (HHRA) ................ M-1 Sample Activities Conducted by a Private Non-Profit Agency (FHCSD) ................ N-1 Charts and Tables ...................................................................................................... 0-1 Sources Consulted ...................................................................................................... P- 1 Fair Housing Council of San Diego " - . "- List of Figures Figures 1 and 2: Surveys of Impediments to Fair Housing Choices .................................................................. 10 Figures 3 and 4: Discrimination Complaints-Chula Vista .............................................................................. 33 Figures 5 and 6: Discrimination Complaints-Encinitas .................................................................................. 56 Figures 7 and 8: Discrimination Complaints-National City ............................................................................ 81 Figures 9 and 10: Discrimination Complaints-San Diego ............................................................................. 103 Figure 1 1 : Travel, Employment and Population .............................................................................................. 129 Figure 12: San Diego Area Rental Audit Results ............................................................................................ 136 Figure 13: San Diego Area Sales Audit Results .............................................................................................. 137 Figure 14: Census Tracts by City .................................................................................................................... 139 Figure 16: Applicant Race by Year ................................................................................................................. 141 Figure 15: Denial Rates for Minority-Defined Applicants, 1994-1998 ........................................................... 140 Figure 17: Denial Rate by Ethnic Group ......................................................................................................... 142 Figure 18: Denial Rate by Ethnic Group, Percentages .................................................................................... 142 Figure 19: Denial Reasons for 1998 ................................................................................................................ 143 Figure 20: Denial Rate by Income Level Classification and Ethnicity ............................................................ 143 Figure 21: Test Results by Degree of Disparate Treatment ............................................................................. 144 Figure 22: Racial Identity of Testers Receiving Disparate Treatment ............................................................. 145 Figure 23: Lenders Offering Disparate Treatment ........................................................................................... 145 Figure 24: House and Loan Amount Comparisons .......................................................................................... 147 Figure 25: Number of Agents in San Diego Region ........................................................................................ 153 Figure 26: Agents in San Diego versus San Diego County ............................................................................. 153 Figures 27-30: Location of Insurance Offices ................................................................................................. 154 Figures 32 and 33: Hate Crimes, 1999 (Taken from CA DOJ Report on Hate Crimes) ................................. 186 Figure 3 1: Hate Crimes in 1999 ....................................................................................................................... 187 Figure 32: Funding Support by Jurisdiction .................................................................................................... 203 Figure 33: Denial Rate of Conventional Loans .............................................................................................. 0-1 Figures 34 and 35: Loan Originations by Ethnicity ........................................................................................ 0-2 Figure 36: Loamorigination by Ethnicity, San Diego County ....................................................................... 0-3 Figure 37: Denial Rate by Ethnicity ............................................................................................................... 0-5 Figures 38 and 39: Denial Rates by Ethnicity and Median Income ................................................................ 0-6 Figure 40: Denial Rate by Ethnicity, Comparison of National and San Diego County Rates ........................ 0-7 Figure 4 1 : Population Change by RaceEthnicity ........................................................................................... 0-8 iv ~ Analysis of Impediments to Fair Housing Choice Introduction Background of Regional Approach to AI The process of a regional approach to the Analysis of Impediments (AI) to fair housing in the San Diego area was introduced under the auspices of the San Diego Fair Housing Resource Board (FHRB). For a FHRB membership list, please see Appendix B. Activities leading to the regional structure of the AI began at the regular meetings of the FHRB. At these meetings, for a period of over eight months, discussions were held about the concept, logistics, proposal process and the funding of a regional AI. Steps in the process were undertaken to insure that each of the jurisdictions invited to participate believed the regional model would meet their needs. FHRB gathered and reviewed similar documents, in the form of regional AIS completed in other jurisdictions, and made other related inquiries to the U.S. Department of Housing and Urban Development (HUD) about this unprecedented (in San Diego) approach. A guest from a neighboring jurisdiction was invited to speak to FHRB members about the process and cost of a regional AI. Consensus and cooperation among the participating cities ’ was achieved over the course of time. The FHRB next conducted a Request For Proposal (RFP) process to locate a contractor for the completion of the project. Under the RFP process, the Fair Housing Council of San Diego, Inc. was selected as the primary contractor. In the view of the FHRB membership, the AI for the San Diego Region would serve as a tool for identifying and reviewing fair housing impediments and accomplishments in the jurisdictions. The AI process should result in findings, recommendations and fair housing action plans to address the bamers, as identified. Organization of Document The AI is organized in a manner that will allow for joint (as regional) and several (by jurisdiction) presentation, based upon need. A condensed version of the AI may also be preferred for purposes of “widespread, public dissemination of the AI Findings,” per the Fair Housing Planning Guide (FHPG). A list of Acronyms can be found at Appendix A. Acknowledgements of Consultants, Contractors and Others The Fair Housing Council of San Diego (FHCSD)-Contractor, acknowledges the contribution of the persons, entities and organizations listed below. Doris Payne, Marketscape Research & Consulting-Moderator of Fair Housing Focus Groups Susan Baldwin, SANDAG-Demographics and other Data Steve Bouton, Principal, Bouton and Associates-HMDA Data Analysis Richard Marciano Ph.D., Research Scientist, UCSD- Mapping for Insurance Audit Clara Harris, Heartland Human Relations and Fair Housing Association-”Hate Crimes as Acts of Housing Discrimination.” Alfred0 Luna, Agent for Broker, Ansley Realty-Comparable Property Profiles Stanley Gentry, Broker, Real Estate Center of Southern Califomia-Comparable Property Profiles ’ Participating cities include: Carlsbad, Chula Vista. El Cajon, Encinitas, Escondido. La Mesa, National City, Oceanside. (City of) San Diego, Santee, Vista and the County of San Diego (limited to the testing portion of the Regional AI). V ""I Fair Housing Council of San Diego Myles Pomeroy, Senior Planner, City of San DiegeInformation Regarding Buildings with First Occupancy after March 13 , 199 1 Catherine Rodman, Esq.- Community Redevelopment Law Interview Shufford Swift-School Desegregation Programs in San Diego San Diego Association of Governments-Statistical Data Nico Calavita, Professor, San Diego State University Graduate Program in City Planning-Affordable Housing Summary Ann Fathy, AICP-Past Conduct of Land Use Audit and Update The Fair Housing Council of San Diego Field Investigators-Testing Regimens California State Department of Fair Employment and Housing-Statistical Data Regarding Filed Complaints California State Department of Housing and Community Development-Model Community Survey Tool U.S. Department of Housing and Urban Development-General Information City Attorneys, Participating Jurisdictions-Fair Housing Litigation Information Ron Ball, City Attorney of Carlsbad John Kaheny, City Attorney of Chula Vista Jeff Epp, City Attorney of Escondido George H. Eiser 111, City Attorney of National City Dwayne Bennett, City Attorney of Oceanside Casey Gwinn, City Attorney of San Diego Scott Smith, City Attorney of Santee Wayne Dernetz, City Attorney of Vista National Fair Housing Alliance-Testing Procedures and Hate Crimes Information, Suggested AI Format and Information Outline National Low Income Housing Coalition-Suggested AI Format and Information Outline Office of Civil Rights Monitoring, Los Angeles, CA-Mortgage Lending Tests Community Development Department Representatives-Studies and Reports for Jurisdictions Frank Boensch, Management Analyst, City of Carlsbad Lelani Hines, Community Development Specialist 11, City of Chula Vista Jim Yerdon, Senior Planner, City of El Cajon Amanda Mills, Housing and Grants Analyst, City of Encinitas Lisa Smith, Senior .Planner, City of Escondido Patricia Rutledge, Community Development Program Specialist, City of La Mesa Ben Martinez, Project Manager, City of National City Steve Jackson, Senior Housing Specialist, City of Oceanside Vicki Opeodu, Senior Program Analyst, City of San Diego vi I I I. 1 c Analysis of impediments to Fair Housing Choice .I__,_. __. -. .. . . .. . . . . . . . . .... . _. JoAnn Carpenter, Housing Program Administrator, City of Santee Larry Graff, Management Analyst, City of Vista Peggy Goldstein, Housing Program Analyst IV, County of San Diego Sharron C. Hillery, Fair Housing Consultant-AI Project Coordinator M. Kathleen Schamel, Technical Specialist-Document Preparation Irena Elveton, Paralegal-Document Proofreading All Community-Based Organizations, Government Departments, Industry Associations and others who returned fair housing surveys and/or participated in a focus group vii ,. ,_, , ~ ._._ , . .. - .. . .. , __ .. ... - .. " - ~ __ ~ -. Chapter 1 Executive Summary Background and Acknowledgements As a requirement of the Consolidated Plan and a prerequisite of hding for certain United States Department of Housing and Urban Development (HUD) programs, entitlement jurisdictions within the San Diego region must certify that they will "affirmatively further" fair housing and will conducthave conducted an analysis of impediments to fair housing choice. Each jurisdiction must take appropriate actions to overcome the effects of any impediments identified through that analysis and maintain records reflecting the analysis and actions in this regard. According to a HUD Technical Advisory letter, dated July 1 1, 1995 (Advisory), each analysis of impediments study should be a comprehensive review of policies, procedures, and practices within the. jurisdiction that affect the location, availability and accessibility of housing and the current residential patterns and conditions related to fair housing choice. Definitions Fair housing choice should be understood as: . . .the ability of persons of similar incomes to have available to them the same housing choices, regardless of ra~, color, religion, sex, disability, familial status or national origin.. . (Advisory) An impediment to fair housing choice is: . . .an action, omission, or decision taken because of race, color, religion, sex, disability, familial status or national origin that restricts housing choice or the availability of housing choice.. . (Advisory) An impediment is also: . . .any action, omission or decision that has this kind of effect. Policies, practices or procedures that appear neutral on their face, but which operate to deny or adversely affect the provision of housing to persons (in any particular protected class) may constitute such impediments.. .(Advisory) An analysis should provide an overview of the jurisdiction's demographic, employment, income, social services, transportation, educational and housing profiles. The analysis should also provide information on, but not be limited to, the following: Relevant public policies/practices regarding zoning and building codes and the impact, if any, of these policies and practices on the achievement of fair housing choice. Institutional practices in the real estate community as they relate to the purchase, sale and rental of dwellings; housing loadrental application procedures; residential residency requirements of preferences; approval procedure for mortgage loans and home insurance; types of advertising used by the real estate and lending industries; multiple listing services; and home appraisal practices. Indications of violations of fair housing practices within the jurisdiction resulting from defensible samplings or technically sound testing at the local level. Segregated housing conditions, if any. Incidents of racial violence or threats of violence associated with housing. Location of job, employment and social needs opportunities and resources in relationship to areas of residential concentration of minorities and other classes of persons protected by the Fair Housing Act. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .... .. . ... . . . . . . . . . . . . . . Fair Housing Council of San Diego ~ ~ Home Mortgage Disclosure Act (HMDA) data analysis as indicators of mortgage lending practices. The existence or extent of steering, blockbusting, deed restrictions, unreasonable occupancy quotas and designation of housing as "adult only" in local real estate practices. Unlawful real estate brokerage services. Discriminatory lending, appraisal and underwriting practices; redlining or racial credit steering practices. Exclusionary zoning and discriminatory land use practices. Unlawful real estate industry practices. Other unlawfid practices related to available or developed information as listed above. (Advisory Letter). Jurisdictions Covered: This AI region includes the cities of Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, San Diego, Santee, Vista and the County of San Diego (for Regional Testing Portion only). Expected date of completion of analysis: October 2000 Completed by: The Fair Housing Council of San Diego, Contractor Funded by: The AI was funded through a pro-rata cost sharing allocation among the participating cities of the region. Methodology This analysis was conducted within the context of federal and state fair housing law requirements, HUD regulations and case law decisions. The analysis is comprehensive, as directed by HUD, and incorporates information from other studies such as the jurisdictions' housing elements, administrative plans for public housing programs, consolidated plans, five-year responsive strategies and other related programs. Nationally accepted methodologies and approaches as outlined and recommended by HUD, the National Fair Housing Association (NFHA) and the National Low Income Housing Coalition (NLIHC), et al, were used as guidelines. Methodologies are listed below. Conducted an overview of relevant fair housing laws. Conducted a comprehensive literature search. Planned and implemented a process for community input and public participation. Reviewed the regions' demographic patterns, profile and background. Reviewed the regions' housing and fair housing profiles. Reviewed, and incorporated where applicable, past audit findings in the region and in each jurisdiction. Conducted current audit tests in four major areas, a small sampling of 20 tests in categories of mortgage lending, insurance, familial status and accessibility. Conferred with national fair housing experts. Contacted a variety of enforcement entities with requests for information. Reviewed the administrative plans for six area public housing authorities. Interviewed area attorneys and other community leaders. Commissioned study briefs on fair housing related and emerging issues of affordable housing and hate crimes. J 2 Analysis of Impediments to Fair Housing Choice ~ ... . __ . .. ." .. _. . -_.._..._.I -. . . . . ~ The Public Participation Process From March through June 2000, community, government, lender, real estate and quasi-government entities were contacted via a mail survey tool and the convening of focus groups. The letters and survey forms are incorporated herein at Appendix C. Findings of Potential Impediments to Fair Housing Choice for the Region 1. The language and cultural diversity bamers naturally associated with the region's growing population and changing demographic profile may present impediments to public outreach and education about fair housing. 2. With a growing population and predicted shortages of available, affordable housing units in the region, the potential is greater for intentional and or "disparate impact" housing discrimination. 3. Housing redevelopment and planning andor the failure to spend allocated funds as required under the Community Redevelopment Law (CDL) may impede the development of an adequate affordable housing SUPPIY. 4. The connection between income and fair, affordable housing choices is increasingly acknowledged as a bamer to fair housing choice, especially in markets where there are escalating rents and housing unit shortages. 5. Economically and racially/minority-concentrated areas are isolated from jobs, government health and social service programs and residents often live in less desirable housing. 6. Transportation systems that do not facilitate easy access to jobs and housing may impede fair housing choices throughout the region. 7. Housing advertisements in the private, public and affirmative marketing arenas that send preferential, restrictive messages to the ordinary reader act as potential impediments to fair housing choice. 8. Where supported by evidence, the failure of a housing provider to grant permission to a disabled resident for a requested disability-related, reasonable accommodatiodmodification (at the requestor's expense) amounts to a fair housing impediment and potential violation. 9. Discriminatory responses to the renterhuyer, bank loan applicant or property insurance shopper are impediments to fair housing choices and potential fair housing violations. 10. The Fair Housing Amendments Act (FHAA) exempts housing that is designated for and qualifies as senior housing. Often however, families with children are competing with seniors for the same housing opportunities, creating friction between similarly situated groups as they attempt to exercise their fair housing rights. Also, housing providers who hold themselves out as "senior housing" entities, but who do not meet such criteria, create housing bamers which may amount to discriminatory acts. 11. Hate crimes that are committed specifically against those who are exercising their fair housing rights are underreported as housing FHA civil rights violations. 12. Zoning practices or regulations that target or restrict the housing choices of persons with disabilities present a potential impediment to fair housing choice. 3 Fair Housing Council of San Diego "" - Findings of Documented Impediments to Fair Housing Choice for the Region 1. Mortgage lending rejection rates are higher for minorities, specifically Hispanics and African Americans. 2. Local audits document differential treatment of Hispanics, African Americans and families with children in the rental housing marketplace. 3. Local audits document differential treatment of Hispanics and African Americans in a citywide (San Diego) housing sales audit. 4. All studies acknowledge that housing discrimination is more pronounced among single heads of households, especially minority females. 5. Property insurance "redlining" or discriminatory coverage provisiodterms by property insurers constitutes a violation of the FHA. 6. Litigated cases in the region have documented fair housing violations based on national origin, familial status, disability and advertising violations. Conclusions The AI has covered documents, audit findings, testing, gathering of information and methodologies which have revealed measurable fair housing impediments. There are documented impediments based upon the experiences of consumers in the rental, sales, financing and property insurance arenas. Government actions (i.e. as with land use and occupancy) are potentially sources of housing impediments. Legitimate state and jurisdiction activities must be balanced with fair housing requirements. Some of the major impediments negatively impact the protected class groups, i.e. families with children, persons with disabilities, racial and ethnic groups and persons of different national origin. NIMBY issues, group home locations, affordable housing, and population concentrations are categories involving government action and such actions may pose potential fair housing impediments, when in conflict with fair housing goals. Systemic business practices involving insurance "redlining", mortgage lending denials, advertising and unlawful sub-prime lending practices are barriers to housing choice. Most allegations of housing discrimination involve disability, family status, race and ethnicity; developing trends involve sexual orientation, sexual harassment and source of income. Economic factors such as income, educational levels, job readiness and affordability present housing choice issues to be overcome. Transportation, housing and job linkages are underdeveloped thereby causing housing choice barriers. Recommendations Continue all proactive and responsive programs as outlined in housing elements and consolidated plans of the region. Solutions of a regional nature are highly desirable and will result in coordinated fair housing planning. 4 ,..,. ~ . ~ . Analysis of Impediments to Fair Housing Choice Increased funding is needed to support widespread consumer outreach and education programs in landlordtenant and housing discrimination areas. Training programs for housing industry professionals, lenders, insurers, government workers and others are needed. Many programs exist in the community which are conducted by industry associations or fair housing centers and made available for this purpose. Housing discrimination complaint intake, investigation and evidence gathering are strongly recommended. Increased enforcement activities for bona fide complaints are strongly recommended. Implementation of proactive strategies for affirmatively fkthering fair housing and implementing fair housing plans are outlined in Chapter Five. Expected Time Frame for Implementation A time frame will be developed under regional process. The FHRB is strongly recommended as a forum for developing cooperation among jurisdictions to set implementation and time schedules. This process will allow for simultaneous development of a local (by jurisdiction) and regional, yet coordinated, fair housing action plan. ""_ " 5 _. . . . ... . .. ..-.. - . .. . . . . .. .. ... - _” / I I I I Chapter 2 Analysis of Impediments Historical Background and Introduction of Analysis The new Consolidated Submission Regulations for Community Planning and Development Programs, dated January 5, 1995, set forth significant program requirements with regard to the long-standing obligations of entitlement communities under Section 808 (e)(5) of the Fair Housing Act to “affirmatively further” fair housing. Jurisdictions or entitlement localities that receive funding under the Community Development Block Grant (CDBG), Home Investment Partnership,.Emergen.cy Shelter Grant (ESG), and/or the Housing Opportunities for Persons with AIDS (HOPWA) programs are required to complete local analyses of impediments to fair housing choice. As entitlement localities, jurisdictions of the Region of San Diego are required to certify that they will affirmatively further and engage in fair housing planning. Namely, the jurisdiction must certify that it will: (1) conduct, at the beginning of each five-year cycle, an analysis of impediments to fair housing choice; (2) carry out actions to overcome the effects of identified impediments; and (3) maintain records and make available information and reports including the analysis of impediments, to document actions undertaken to eliminate identified impediments. The following Analysis of Impediments (AYAnalysis) provides a comprehensive review, in accordance with HUD’s requirements, of housing policies, procedures, and general private and public housing practices within the Region that affect the location, availability, and accessibility of housing. The Analysis also provides information regarding the current residential patterns, trends and conditions as related to fair housing choice. The AI should become the backdrop for a fair housing planning process. Definitions Fair Housing Choice The U.S. Department of Housing and Urban Development has defined fair housing choice as.. . The ability of persons of similar income levels to have available to them the same housing choices, regardless of race, color, religion, sex, disability, familial status or national origin (Advisory). Impediments to Fair Housing Choice Impediments to fair housing choice are defined as: 0 Any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status, or national origin that restrict housing choices or the availability of housing choice 0 Any actions, omissions, or decisions that have this effect. Policies, practices, or procedures that appear neutral on their face, but which operate to deny or adversely affect the availability of housing to persons because of race, ethnicity, disability and families with children may constitute such impediments. Impediments to fair housing choice include actions or omissions in the State or Entitlement jurisdiction that: 0 Constitute violations, or potential violations, of the Fair Housing Act 0 Are counter-productive to fair housing choice (U.S. Department of Housing and Urban Development Fair Housing Planning Guide, Volume 1). .. . Fair Housing Council of San Diego " Thus, a comprehensive analysis of impediments should include, but is not limited to, the following: 0 Demographic patterns analysis. 0 Relevant public policies/practices regarding zoning and building codes and the impact, if any, of said policies and practices on the achievement of fair housing choice. 0 Institutional practices in the real estate community as they relate to the purchase, sale, and rental of dwellings; housing loadrental application procedures; residential residency requirements or preferences; approval procedure for mortgage loans and home insurance; types of advertising used by the real estate and lending industries; multiple listing services; home appraisal practices. 0 Indications of violations of fair housing practices within the jurisdiction resulting from defensible samplings or technically sound testing at the local level. 0 Segregated housing conditions, if any, and incidents of racial violence or threats of violence associated with housing. Location of job opportunities in relationship to areas of residential concentration of minorities and other classes of persons protected by the Fair Housing Act. 0 Home Mortgage Disclosure Act (HMDA) data analysis. The existence or extent of steering, blockbusting, deed restrictions, unreasonable occupancy quotas and designating of housing as "adult only" in local real estate practices. 0 Unlawfbl real estate brokerage services. Discriminatory lending, appraisal and underwriting practices; redlining or racial credit steering practices. 0 Exclusionary zoning and discriminatory land use practices. 0 Unlawful real estate practices. 0 Other unlawful practices related to available or developed information as listed above. Jurisdictions Covered: The AI covers the impediments to fair housing choice within the jurisdiction of the San Diego Region. The region includes the cities of Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, San Diego, Santee, Vista and the County of San Diego (limited to the regional testing portion of the AI). Expected Date of Completion of Analysis: October 2000 Completed By: The Fair Housing Council of San Diego (FHCSD) . Funded by: The AI was funded through a pro-rata cost sharing allocation among the participating cities of the region. Methodology The methodology utilized to complete the AI was a combination of approaches and recommended activities. The activities were undertaken pursuant to the updated Fair Housing Planning Guide provided by HUD, Ofice of Fair Housing &id Equal Opportunity, the National Fair Housing Alliance (NFHA) and National Low Income Housing Coalition (NLIHC) guidelines. Methodologies included, but were not limited, to those outlined below. 8 I I 1 1 4 I E 1 s I I 1 Analysis of Impediments to Fair Housing Choice , , , . ~ . ". . . ~. ". .. ""- 0 Conducted an overview of relevant fair housing laws including but not limited to the following: Federal Law 0 The Civil Rights Act of 1866 0 The Civil Rights Act of 1964 0 The Fair Housing Act of 1968 The Equal Credit Opportunity Act 0 The Community Reinvestment Act 0 The Housing and Community Development Act 0 The Fair Housing Amendments Act 0 The Architectural Barriers Act (PL 90-480), et a1 State Law 0 Unmh Civil Rights Act of 1959 The Fair Employment and Housing Act of 1963, amended in 1993 0 The Ralph Civil Rights Act (CC 5 1.7 & 52) 0 California Civil Code; Section 54, et a1 0 Conducted a comprehensive literature search to gain needed insight into the extent, nature and incidence of fair housing problems and issues that have had direct or indirect relevance to the region. The research, literature, reports and study sources reviewed and referenced are listed in Appendix 0. Planned and implemented a process for community input utilizing a survey and focus group tool. 0 Reviewed the region's demographic patterns, profile and background including residential distribution or concentrations of minorities and Caucasians in the region, as well as the region's transportation, employment, ' income, educational and housing patterns, zoning/land use laws, among others. 0 Reviewed the region's housing and fair housing profile with specific emphasis on complaints filed in the jurisdiction to HUD, California State Department of Fair Employment and Housing (DFEH), the Depaxtment of Justice (DOJ) or private attorneys. Reviewed, and incorporated where applicable, past audit findings in the region, and for each jurisdiction, in a variety of areas concerning rentals, sales, mortgage lending, insurance redlining, accessibility and advertising. 0 Conducted current audit tests in four major areas of mortgage lending; property insurance/denial rates based upon racial or ethnic characteristics of the neighborhoods; accessibility compliance of new construction; and familial status. Sampling was limited to twenty tests in each category. 0 Conferred with national fair housing experts in the fields of accessibility, architectural design and affordable Contacted a variety of enforcement entities with requests for information including: HUD, City Attorneys for housing for background and input. each jurisdiction, DFEH, DOJ and the District Attorney's ofice. Reviewed the administrative plans for six area public housing authorities, specifically focused on the fair interviewed area attorneys and other community leaders who hive information regarding housing housing policy ofthe administrative plari. rehabilitation, school desegregation, affordable housing and other specialized areas. 9 Fair Housing Council of San Diego "" - I The Public Participation Process Community Involvement In accordance with HUD's Fair Housing Planning Guide (FHPG), ... examples of impediments studies may include an analysis of resident attitudes, based on .local survey responses from the community and adjacent areas and examination of reported rates of housing discrimination, market accessibility and attitudes toward racial integration.. . Community Survey Methodology In order to facilitate community involvement in the AI process and insure a broad cross section of responses, the FHCSD developed and implemented an analysis survey tool. Please see Appendix C for survey documents designed for consumer, real estate professional, lender and builder, as well as a list of respondents to those surveys. In ranked order of importance, responding parties identified the following issues. Of all of the people that completed the form, the following table indicates how many ranked each respective topic as among the top five in importance. Figures 1 and 2: Surveys of Impediments to Fair Housing Choices I Cultural difference factors and bias in I 4 I Economic factors I housing markets Lack of training opportunities for 2 Lack of training opportunities for lender industry 3 lender/ real estate industry professionals Levels of understanding regarding fair held by consumers housing held by industry professionals 1 Levels of understanding regarding fair housing 1 Levels of understanding of fair markets housing held by consumers 2 Cultural difference factors and bias in housing 3 ~ ~~ professionals 10 .. 1 I, i 1 1 I Analysis of lmpediments to Fair Housing Choice ... ." ~ "" ~ Focus Group Input In order to facilitate an objective and interactive process of community involvement in the AI, the FHCSD contracted with a professional consultant to conduct focus groups as part of the AI. These findings are outlined below. As part of its commitment to gathering community input regarding impediments to fair housing in the San Diego region, the Fair Housing Council of San Diego convened two focus groups on May 15, 2000 to better understand perceptions of progress that has been made toward achieving fair housing and the barriers that still exist in this regard. This research is intended to be used to complete the Fair Housing Council's contract with multiple cities in the San Diego Region in order to develop an assessment of impediments to fair housing throughout the region. The Fair Housing Council did a general mailing to social service agencies and community organizations, those working in fair housing education and advocacy, lenders, property managers and other professionals, inviting them to participate in a focus group at the Doubletree Hotel in Mission Valley. A professional moderator presided over the discussions. The groups were comprised of eleven volunteers from government, community organizations, banks, Heartland Human Relations, Sunrise Property Management and the law firm of Kimball, Tirey and St. John in San Diego. Specific objectives of this research were to gain insight into community perception regarding: progress that has been made toward achieving fair housing goals; bamers that continue to foster housing and lending discrimination; and solutions that might advance fair housing goals. Key Conclusions Progress and Challenges 0 While most respondents said there has been significant progress in fair housing, they noted that discrimination still exists in San Diego rental, shared and for-sale housing. On a ten point scale (with ten being equal access for everyone and one being outright segregation), respondents said we have achieved an average score of 5.2. 0 Discrimination was characterized as being more sophisticated and subtly manipulative as owners became more aware of the law and ways to get around it. Tenants are more aware of the law also, according to respondents, and sometimes use it as a weapon against landlords and managers. 0 The current rental and for-sale market is very competitive and enables owners to be more selective in choosing residents for available housing. .. "The economic situation sets the tone and the way people respond. I' 0 Banker respondents maintain that their business is competitively "driven by the numbers" and uniform lending policies. They say that what might appear to be discrimination is instead a lack of credit worthiness. 0 Fair housing problems are most severe in regards to race, families with minor children (especially teenagers) .. and the disabled Those who own multiple apartment homes and the larger management companies are more aware of fair housing requirements, according to respondents, and they engage in ongoing training to ensure compliance among their staff. They have taken the subjectivity out of resident screening by introducing written criteria provided to each applicant, and by using a computer model to evaluate the credit worthiness of prospective renters. .. Fair Housing Council of San Diego 0 Discrimination is more likely to occur, according to respondents, among older persons seeking shared housing, in mobile home parks, in rental 'homes, and with "Mom and Pop" rental owners who own small apartment communities which they self-manage. "" " 0 Landlords, realtors and homebuilders who are aware of the law are fearful of the "gray areas" that exist within it. These especially relate to reasonable accommodation for the disabled, fear of saying the wrong thing to families with children and uncertainty regarding occupancy regulations. 0 Respondents said that definitive answers were not always easy to come by for "gray areas'' and that fair housing advocates and sometimes city attorneys were unable to provide clear advice. "DFEH lreats landlords as 'guilty until proven innocent. ' We dread one of their inquiries because it takes weeks to accumulate the information they demand and then we don't hear anything for a year. It is very unwieldy. 'I "People recognize that there are penalties for saying or doing the wrong things. However, it isn't always clear what those are." Recent immigrants are often unaware of fair housing laws and provisions for protected classes. As a result of their inexperience with housing in this country and lack of education about fair housing issues, they flagrantly violate the law as they seek to create enclaves for particular ethnicities and cultures. "People who do not know the language or the law here are the most victimized because they do not know that discrimination is unlawful nor where to turn for help. They are more concerned with being able to stay where they are. Respondents did not single out any specific geographic areas for discriminatory practices. However, they noted that economic barriers indirectly create areas that exclude minorities, low-income persons and single parents with children. 'Yf you make enough money, you can live wherever you want. Education The greatest progress in fair housing has been made in education, according to respondents. They said that diversity training and regularly scheduled education and training sessions for rental owners and managers have been responsible for this. Bankers suggested that federal regulations have necessitated fairness in lending decision-making. "Every meeting we have with our managers has a fair housing segment. It's very important to keep this top- of-mind and to make people aware of the penalties for violations." Most rental owners educate themselves by reading newspaper articles on fair housing, attending Apartment Association programs, and by participating in police department programs, according to respondents. Larger companies have regular in-house training sessions. Ongoing education programs should focus on reasonable accommodations for the disabled, steering and subtleties of dealing with different cultures, since these are still areas where there are questions and uncertainty. Residents need training. about resident rights and responsibilities, according to respondents, perhaps through resident councils and homeowners associations. "You have the right to play your radio at IO0 decibels at 2 a.m. But ifvou do, you have some responsibilities to your neighbors, or you will have to accept the consequences.'' J 12 Analysis of Impediments to Fair Housing Choice More education is needed for legislators about the need to clarify California’s laws and to provide greater ” ., ... . . . .. ” . _. ~ ~ __ flexibility in addressing issues such as steering. “Sometimes we know we are creating problems down the road by the actions we’re taking. But we don’t have thejlexibility to do any differently. ‘I Advice to policy makers Create a database of discrimination complaints against landlords in order to establish patterns of illegal practices. Develop more affordable housing in lieu of more laws. Provide more diversity and interpersonal relations training for children so that they grow up with fewer prejudices. Eliminate impediments to developing more multi-family housing. Provide access to knowledgeable landlordtenant attorneys for use by fair housing advocates and non-profits to avoid misplaced litigation. Continue educating owners and managers. Include fair housing education in first time homebuyer and Section 8 orientations. Develop fair housing promotional pieces that could be mailed with utility bills and developed for television and the intemet. Hold people accountable so that they know there will be repercussions if they do not adhere tb fair housing laws. Provide “real-time” access to education and information that is available as the need arises. Use CDBG funds to support consumer education and training on fair housing. Establish a system for ongoing monitoring to determine the diversity of apartment communities. Create and promote a Fair Housing Week to draw more consumer attention to fair housing. * Pertinent Fair Housing Law An impediments analysis of fair housing achievement by necessity is measured against the provisions under federal, state and local laws and ordinances. These laws have expanded since the first federal law was passed (1 866), identifying race as a “protected class.” Since that time, federal legislation has been enacted to make discrimination in housing based on race, color, national origin, religion, sex, familial status and disability illegal. California State legislation has been passed which made it illegal to discriminate in housing on these same bases, and also on the basis of marital status, age, ancestry, creed or arbitrary classifications. Recent legislation in the state of California added sexual orientation and “source of income” as “protected classes.” The following is a brief overview of federal and state fair housing laws that establish specific fair housing practices in both the public .. and private sector. * Taken from a report submitted by Dons Payne. Marketscape Research and Consulting. 13 ”_ Fair Housing Council of San Diego ““1”“ ”” “- Federal Laws Civil Rights Act of 1866 The Civil Rights Act of 1866 prohibits racial discrimination and grants all citizens the same rights with regards to property. Executive Order 11063 In 1962, fourteen years after the Supreme Court outlawed restrictive covenants, the federal government made its first declaration against racial discrimination when President Kennedy issued Executive Order I1063 banning discrimination by the Veterans’ Administration (VA) and the Federal Housing Administration (FHA), and in all federally assisted programs. Civil Rights Act of 1964 The Civil Rights Act of 1964 was not a fair housing law but Title VI did prohibit discrimination in public places and it set some precedent for the legitimacy of the civil rights movement which, after 1964, began to focus more intensively on housing. The Fair Housing Act of 1968 (FHA) This Act is the only federal statue devoted exclusively to the eradication of housing discrimination. It prohibits discrimination based on race, color, religion, national origin and sex (incorporated in 1974) in the sale or rental of housing and covers private as well as public activity in the housing industry. Prohibited activities include: “blockbusting” (for a profit, convincing owners to sell property on the grounds that minorities are about to move into a neighborhood), “racial steering” (the process of directing a racial, ethnic or religious group into a neighborhood where members of the same group already live) and “redlining” (refusing to make loans or provide insurance coverage on the basis of neighborhood location or ethnicity). Other prohibited acts include: Refusal to rent or sell housing or to negotiate for the sale of housing Making housing unavailable Denying a dwelling Setting different terms, conditions, or privileges for sale or rental of a dwelling Providing different housing services or facilities Falsely denying that housing is available for inspection, sale or rental Denying anyone access to or membership in a facility or service (such as multiple listing service) related to the sale or rental of housing (HUD pamphlet). Fair Housing Amendments Act 1988 In 1988, Congress amended Title VI11 (the Fair Housing Act) of the Civil Rights Act of 1968. The Fair Housing Amendments Act expanded coverage of Title VI11 to prohibit discrimination in housing practices based on disability and familial status. The Act also established design and construction requirements for multifamily housing (consisting of four or more dwelling units) built for first occupancy after March 13, 1991. Failure to include certain features of accessibility in the design and construction of this housing constitutes unlawful discrimination. The Act also broadened Section 3605’s ban on discrimination in residential financing to cover a wide range of “realestate related transactions” (Schwemm, 5-6). . 14 I P a I 1 8' 1 I Analysis of Impediments to Fair Housing Choice , . .. -. .. . . - . .. .. Other Related Laws Equal Credit Opportunity Act The Equal Credit Opportunity Act (ECOA) is administered by the Federal Reserve Board's Regulation B. It prohibits discrimination in any extension of credit including consumer loans, extensions of credit to small businesses, corporations, partnerships and trusts. In addition, the ECOA prohibits discrimination based on race or color, religion, national origin, sex, marital status, age, the applicant's receipt of public assistance income or the applicant's good faith exercise of any right under the Consumer Credit Protection Act. The ECOA requires the provision of a reason for a loan denial, and that mortgage lenders notify applicants of their right to obtain a copy of the real estate appraisal report, if the applicant paid for this appraisal in the loan process. The Act also requires regulatory agencies to report suspected fair housing violations to HUD or the Justice Department (DOJ). Home Mortgage Disclosure Act (HMDA) The HMDA is implemented by the Board of Governors of the Federal Reserve Board. The Act requires disclosure of certain information about mortgage loan applications, including location data on housing loans in metropolitan areas by census tracts, beginning in 1976; Other data includes the race, gender, 'and income of applicants as well as information on the loan decision and sale of loans in the secondary market, beginning with applications received in 1990. The Act generally applies to depository institutions with more than $10 million in assets and other mortgage lenders that made at least 100 home purchase or refinance applications in a year. Community Reinvestment Act (CRA) 1977 The Community Reinvestment Act seeks affirmatively to encourage institutions to help meet the credit needs of their local community. It requires all federally regulated depository institutions (except credit unions) to define a local community that includes low- and moderate-income neighborhoods and to affirmatively serve all parts of this community. Each institution must prepare a CRA Statement that defines the local community served, and must list the types of loans it is prepared to make to its community. In addition, each institution is required to maintain a public CRA File with the CRA Statements and any public comments for the past two years. Housing and Community Development Act (HCD) 1992 In 1990, President George Bush signed into law the Cranston-Gonzalez National Affordable Housing Act (NAHA), Public Law 101 -625. NAHA was the result of three years of intensive hearings, debate and refinement by Congress to craft legislation designed to continue and expand the federal commitment to affordable housing, the homeless and to community development efforts at the state and local levels. State of California Fair Housing Laws Unruh Civil Rights .Act of 1959 With the adoption of the Unruh Civil Rights Act of 1959, the State of California preceded the federal government bamng discrimination. The Unruh Act protects the right to be free from arbitrary discrimination in all public accommodations including housing. This act has been interpreted by the court to include any arbitrary discrimination based on class distinction. I."". 15 Fair Housing Council of San Diego "" " I Fair Employment and Housing Act of 1963, Amended in 1993 The Fair Employment and Housing Act (FEHA) of California is the primary California state fair housing law. It is enforced by the California Department of Fair Employment and Housing (DFEH) and protects consumers from discriminatory acts by lenders, brokers, sellers, property managers, resident managers, and landlords on the basis of race, color, sex, religion, familial status, national origin, ancestry, age and disability. Federal fair housing law preempts state law when the two are not consistent. Ralph Civil Rights Act (CC 51.7 & 52) The Ralph Civil Rights Act prohibits acts of violence or intimidation by threat of violence against persons or property because of race, color, religion, ancestry, national origin, political affiliation, sex or position in a labor dispute. The Act prohibits violence or threat of violence in rental housing situations, including houses, apartments, hotels, boarding houses and condominiums. California Civil Code: Section 54 This Civil Code requires that persons with disabilities have the same rights with respect to full and free use of public places as the able-bodied. Summary of Changes and Amendments to California's Civil Rights Statutes Signed into Law by Governor Gray Davis in 1999. 0 Sexual Orientation Effective January 1, 2000, the FEHA is amended to provide that discrimination in housing on the basis of sexual orientation is unlawful and a violation of public policy. Discrimination-Free Housing as a Civil Right Effective January 1, 2000, the FEHA is amended to clarify that the opportunity to seek, obtain and hold housing without discrimination on any basis protected by the FEHA or the Unruh Act, is recognized as and declared to be a civil right, This provision was added to give housing discrimination the same level of recognition that is currently given employment discrimination. Harassment in Housing Effective January 1, 2000, the FEHA is amended to expressly provide that "discrimination" includes unlawful harassment in connection with the provision of housing. Perception and Association Effective January 1, 2000, the FEHA is amended to expressly provide that discrimination includes a perception that a person has a protected characteristic or that a person is associated with another individual who has, or who is perceived to have, any of those characteristics. Source of Income Effective January 1,2000, the FEHA is amended to add %ource of income" as a protected basis of discrimination with respect to the provision of housing accommodations. "Source of income" is defined as lawful, verifiable income paid directly to a tenant or a representative of a tenant. This amendment would now protect, for example, a person who receives AFDC. Aggregate Income Effective January 1, 2000, the FEHA is amended to require a housing, provider to "account" for the aggregate income of persons residing together or. proposing to reside together "on the same basis" as the aggregate income of married persons residing together or proposing to reside together. Restrictive Covenants Effective January 1, 2000, the FEHA is amended to provide that land use discrimination includes the existence of a restrictive covenant that makes housing opportunities unavailable. Beginning January 1,2000, a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that provides a declaration, governing document, or deed to any person must place a cover page over the document stating that any restrictive covenant contained in the document is void. 0 Expert Witness Fees Effective January 1, 2000, the FEHA is amended to expressly provide that in civil actions for discriminatory housing practices, the court may award the prevailing party, other than the State, reasonable attorneys fees and costs, including expert witness fees, against any non-State Government party. 16 Analysis of impediments to Fair Housing Choice ~ ~ ~ -. -. _. Other Related Case Law Covering Fair Housing a The Architectural Baniers Act (1968) This Act stipulates that all buildings, other than privately owned residential facilities, constructed by or on behalf of, or leased by the United States, or buildings financed in whole or in part by the United States must be physically accessible for people with disabilities. The Uniform Federal Accessibility Standards (WAS) is the applicable standard. 0 Section 504 of the Rehabilitation Act (1973) Under Section 504 of the Rehabilitation Act of 1973 as amended, no otherwise qualified individual with a disability may be discriminated against in any program or activity receiving federal financial assistance. Ordinances Human Dignity Ordinance-The City of San Diego Discrimination based on sexual orientation deprives the City of the fullest utilization of its resources and capacity for development and advancement. Such discrimination poses a substantial threat to the health, safety and welfare of the community. Existing state and federal restraints on arbitrary discrimination are inadequate to meet the particular problems of this City. It is hereby declared as the public policy of the City of San Diego that it is necessary to 'protect and safeguard the right and opportunity of all persons to be free from discrimination based on sexual orientation. Quasi-Legal Regulations Fair Housing Policies-Local Housing Authorities (Generic) . . .It is the policy of the Housing Authority to comply fully with all Federal, State and local nondiscrimination laws and with rules and regulations governing Fair Housing and Equal Opportunity in housing and employment. [The entity] shall not discriminate because of race, color, sex, religion, familial status, disability, national origin, marital status or sexual orientation in the leasing, rental or other disposition of housing or related facilities, including land, that is part of any project or projects under [the entity's] jurisdiction covered by a ' contract for annual contributions under the United States Housing Act of 1937, as amended, or in the use or occupancy thereof.. . 3 Taken from the San Diego Housing Commission Admissions and Continued Occupancy Policy, 1999. Each Public Housing Authority operating in the jurisdiction has similar policy statements. Chapter 3 Jurisdiction Profile and Data Introduction The first step of fair housing analysis is an examination of the general conditions of housing, employment, transportation, social services, publidassisted housing and a myriad of other factors contributing to, or hindering, the achievement of goals of fair housing in the region. For example, the location and availability of employment opportunities will influence housing needs and also the ability to afford housing costs. Mass transportation systems, or the lack thereof, impact employment and education opportunities as well as housing patterns. The ability to achieve equitable and affordable housing choices for all bona-fide homeseekers in the region is influenced by the severity, or relative absence of, special needs housing for disabled, senior, homeless, farm worker, single parent family and other populations. Income levels, age, and presence of children in the family impact housing search outcomes. Accessibility of newly constructed buildings, where required, is of primary importance to the disabled home seeker. Accordingly, a jurisdictional profile, with pertinent data for each of the regional participants, is incorporated herein. This profile serves as a natural backdrop for measuring fair housing needs and identifying strategies to address identified needs. Carlsbad This information has been incorporated from the City's Analysis of impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth From the 1990 Census totals to January 1, 1999, the population increased from 63,126 to 77,550 persons, which was a 22.8 percent increase. Projected Population Between 1995 and 2020, it is predicted that the population of Carlsbad will increase by 97 percent, from 67,167 to 132,232 citizens. Total housing units, for the same'time period is estimated to expand from 28,927 to 55,123 units, a 91 percent increase. Ethnic Makeup of the Population In 1998, the population of Carlsbad was 73,688, of which 79 percent were Caucasian, 1 percent African American, 17 percent Hispanic and 4 percent AsiadOther. From 1980 to 1990, the percentage of Caucasians decreased slightly from 83 to 82 percent of the total Carlsbad population. The number of Hispanic persons also slightly increased, from 13 to 14 percent (for the same time period). AsidPacific Islanders and Other, Blacks and Native Americans remained relatively constant as percentages of total population. Concentrations and/or Locations of Minorities Carlsbad, when compared with the San. Diego region as a whole, has two Census tracts that have a concentration of minority households, one that has a moderately concenpated population and one that has a a Fair Housing Council of San Diego severely concentrated population of minority households (which also has the highest percentage of low/moderate income households). The majority of the minority households are Hispanic. ” Age The median age in Carlsbad, as of January 1, 1999, was 38.6 years, up from 35.3 years in 1990. Income The median household income in 1990 was $46,226, which increased by 22 percent to $56,383 in 1999. According to 1990 Census data, of the 24,988 households residing in the City of Carlsbad, 12 percent are very low-income households. Another 12 percent of the households are classified as low-income. Seven percent are of moderate income and 69 percent earn incomes above the 95 percent of the median family income. There is one low-income census tract within the City of Carlsbad with a high percentage of minorities, Census Tract 179.00. Special Housing Needs Overcrowded Households Of the very low-income households, 85.3 percent live in overcrowded conditions (according to. the 1990 Census). This suggests that many households may be living in units that are smaller than what would be appropriate, such as a three or more bedroom unit. Farm Workers Farm workers and day laborers make up more than fifty percent of the countywide homeless population. Migrant worker populations in Carlsbad who are considered homeless have been estimated from local and state sources to be as many as 500 to 1,000 persons on a year-round basis, but can be three times as large during certain seasons of the year. Single Parents According to the 1990 Census, family households with children headed by a single adult with no spouse present comprised 22 percent of the total households. Of the single adult-headed households, a great majority (74 percent) were headed by females. Elderly Within Carlsbad, there are five apartment complexes. that provide support services to the elderly and frail elderly, with a total of 229 housing units. There are also two residential care facilities for seniors with 295 bed spaces. Approximately 3 percent of all elderly persons have incomes below the poverty line. A majority (62 percent) of the low-income elderly households is homeowners. Based on the 1990 Census data, of those elderly households renting their homes, 43 percent are estimated to pay more than 50 percent of their income for housing. The health and social needs of these elderly are significantly impacted when so much of their limited resources go toward housing. Construction of Senior Housing may qualify for a density bonus. There have been 229 units built and an additional 76 dwelling units approved for construction utilizing the residential density bonus under the Senior Housing ordinance. Some of these projects have a density to 75 units to the acre. 1 20 Analysis of Impediments to Fair Housing Choice .... . .- .. . - Military There is not a significant military population in Carlsbad, nor is there predicted to be one. Homeless Census data from 1990, through the Shelter and Street Enumeration on the Homeless in the City of Carlsbad, shows that there are 941 homeless persons. The Regional Task Force on the Homeless (RTFH) suggests that nearly all of those persons may be farm workers or day laborers and very few urban homeless have been sighted in Carlsbad. It is assumed that families comprise a relatively small percentage of the total homeless population. Persons with Disabilities Persons with Physical Disabilities The 1990 Census lists 656 persons living in Carlsbad, between the ages of 16 and 64, as. having a work, mobility or self-care limitation. This segment of the population is increasing due to lower death rates and higher longevity rates resulting from advances in medicine. Persons with Mental Illness In Carlsbad, of the estimated 496 persons potentially suffering from a serious mental illness, 50 are at risk of becoming homeless’ and in need of supportive housing. Mentally ill homeless persons require housing supported by mental health care and counseling. Persons with HIV Infection and AIDS/Other Transmittable Diseases The County’s Office of AIDS Coordination reports that there are 55 cases of ADS reported in the City of Carlsbad and estimates that there are approximately 330 with the HIV infection. Persons with Developmental Disabilities Area Board XI11 estimates that 3 percent of the total population is developmentally disabled, and warranting special education and other services. The Board also reports that one third of those developmentally disabled or 1 percent of the total population are severely developmentally disabled. Based on an adult population of 49,576, there are 496 persons with severe developmental disabilities and 50 of whom are at risk of becoming homeless in Carlsbad. Persons with Alcohol and Other Substance Addictions Alcohol and drug abusers require treatment facilities and programs, as well as medical and social support. There are no publicly funded residentiavin-patient treatment programs in Carlsbad. Lead-Based Paint Needs Currently, many federal programs have requirements for evaluating and reducing lead hazards. For those state and local housing and community development programs, the City will pursue the following activities to evaluate and reduce lead hazards: 1. Require inspection for and abatement of lead-based paint (LBP) hazards as a requirement of all residential rehabilitation programs when children under the age of seven reside in the dwelling unit and have been identified with elevated blood levels; 2. Include lead-based paint hazard abatement as an eligible activity under the City’s residential rehabilitation programs and add minimum lead-based paint abatement requirements to housing quality standards which must be met; and 21 Fair Housing Council of San Diego - .____ “ 3. Provide all eligible applicants o’f housing programs, particularly residential rehabilitation programs, with information regarding lead-based paint. Housing Market and Needs Analysis The demand for housing has been met by the residential development community as evidenced by the predominate construction of “move-up” and luxury single family homes in Carlsbad since 1980. Such constraints as the City’s coastal location, high land costs, growth management plan and significant populations of endangered animals and habitats have also contributed to the development of higher-end residential products due to the high cost of developing residential units in Carlsbad and a lack of housing affordable to lower-income households. The City’s vacancy rate in 199’5 was 7.8 percent. Recognizing the need for housing for all income groups, particularly for lower-income groups, the City has adopted goals, policies and strategies, through the adoption of the Housing Element and the Consolidated Plan to help achieve a balanced community with housing opportunities for all, which included the adoption of an Inclusionary Housing Ordinance in 1993 mandating the development of affordable housing for low-income households. Housing Needs The total housing units experienced an 18.5% increase between 1990 and 1999, fiom 27,119 to 32,129 units. Within the City of Carlsbad 2,509 new housing units (over the 1991 to 1996 period) for low income (including 1,066 for very low income) households were needed. The City’s regional “fairshare” objective makes the provision for 1,125 units of new affordable housing for lower-income households. However, the City has committed to providing a total of at least 1400 units of new housing affordable to low- and very low- income households. Accessible Housing The City’s Residential Rehabilitation Program provides no-interest loans due upon change of title to the property for accessibility improvements to homes owned by low-income households. The City also inspects new construction to ensure that it complies with accessibility requirements. Affordable Housing Carlsbad has a lack of affordable housing, particularly for lower-income households, which is caused by many factors: growth in employment opportunities; access to numerous educational, recreational and cultural facilities; managed city growth; and protected endangered animals and habitats; to name a few. The many appealing aspects of Carlsbad have attracted many affluent households to locate in Carlsbad. Home ownership opportunities are limited for most people in Carlsbad because of the very high cost of housing. Since the City has no way of altering the price of housing, removing the barrier is diffkult. However, the City has adopted an Inclusionary Housing Ordinance (as noted above) that has led to construction of 604 new affordable units, with 356 additional units under construction, and another 269 units approved or proposed for fi~ture construction. Overwhelmingly, Section 8 participants, whether Caucasian or an ethnidracial minority, choose to reside in Census Tract 179.00. This census tract is the oldest neighborhood in Carlsbad and contains the majority of the City’s multi-family housing stock. Therefore, Census Tract 179.00 is probably the most affordable housing market within Carlsbad. Although most Section 8 participants choose to reside in this area, the distribution of Section 8 participants by ethnic/racial minorities is not heavily concentrated in any one census 22 . . .. . . .. . . . . . . . . . ~ "" . . . _. " . . . - .. . .. . - . . ..... - . . ~ - Analysis of Impediments to Fair Housing Choice tract. Therefore, the distribution of Section 8 participants by ethnicityirace is related to the availability of decent and affordable housing. Public Assisted Housing In 1999, the City of Carlsbad Redevelopment Agency purchased a 75-unit senior apartment .project for affordable housing purposes. The City does not anticipate the loss of rental housing from the assisted housing inventory through public housing demolition or conversion to home ownership in the near future because the 75 unit complex has, and will continue to have a 55 year age requirement to remain affordable to very low- and extremely low-income senior households. Carlsbad currently has only one major assisted housing program, the Section 8 Rental Assistance Program. It has the ability to serve a total of 578 households. Employment, Education and Transportation Trends Employment Of the 5 1,0 13 persons 16 years of age or older in Carlsbad, 66 percent (35,455) are employed in the armed forces or civilian work (according to the 1990 Census). Approximately 29 percent of those employed are actually working within the City. Many persons commute to Carlsbad to work. The scarcity and affordability of housing may prevent them from living in Carlsbad. As would be expected in a community where the majority of households, 69 percent, earn incomes above 95 percent of the median family income, many Carlsbad residents are employed in professional-type occupations. Also, Carlsbad contains approximately 44 percent of the Recreational Goods Manufacturing cluster's total employment and has a concentration of employment in that cluster that is ten times greater than the regional average. Education Carlsbad is served by several public school districts and some children attend public schools in San Marcos and Encinitas. ' More schools will be opening as the population increases. In addition to public schools, Carlsbad has six private schools, one of them an Army-Navy academy. It also has the Gemological Institute, a $40 million dollar complex on 18 acres, which was opened in 1996 and has a large libmy open to the public. Transportation Networks The existing public transportation in Carlsbad provides all residents with adequate access to employment centers and housing. The Coaster Commuter Rail provides service from Oceanside to downtown San Diego throughout the day, five days per week. Two Coaster stops are located in both the northern and southern portions of Carlsbad. Coaster Connection, a convenient shuttle service, provides transportation from Encinitas and Sorrento Valley Coaster Rail Stations to other NCTD (North County Transit District) routes. Social Services There are a number of social services provided in Carlsbad. These services include North County Health Services, Catholic Charities (men's shelter), SER Jobs for Progress (hiring center), City of Carlsbad Senior Center, and Community Interface (advocacy services for mentally challenged individuals). Other social services are available in adjacent cities of Oceanside, Vista and Encinitas. 23 ”- Fair Housing Council of San Diego Landlord/Tenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other “protected class” status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6th Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3d. 1004. Per hotline monitoring reports, general confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases LitigateaOther Audit(s) In an attempt to evaluate discriminatory acts in Carlsbad, in September 1994 the City conducted a fair housing survey of Carlsbad residents. It should be noted that although many responses indicated that no housing discrimination has been experienced by the respondents, this survey was sent to persons already living in Carlsbad. Therefore, it does not evaluate responses of persons who were seeking housing in Carlsbad and were not able to obtain housing for various reasons4. There are no other audit updates available. Even without an indication of housing discrimination issues or the absence of a fair housing audit, the locational patterns of racial groups which has emerged is sufftcient to‘indicate integration is not occumng at the rate of minority population expansion in Carlsbad. (Ibiden) Potential Impediments General Housing and Related Demographic Issues Between 1995-2020, population is expected to increase by 97 percent; housing unit expansion is expected to increase by 91 percent; housing shortages and a growing population may present issues of housing discrimination or become barriers to fair housing choice. One moderately and one severely concentrated population, the majority of which is Hispanic. Income disparity and relatively lower rental rates account for some of these concentrations. The distribution and concentration of Section 8 participant housing in Census Tract 179.00 may become a potential fair housing problem; .: .jurisdictions are encouraged to broaden the housing choices available for ’ eligible participants’; housing mobility programs support deconcentration. / Protected Class Issues Family households with children headed by single-adult with no spouse comprised 22% of the total households; this group is “at risk” of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. City of Carlsbad Assessment of Impediments to Fair Housing Choice. August 1996, page 36. Taken from FHPG, pages 2-1 1. 24 Analysis of Impediments to Fair Housing Choice ..__._._~._____.____"._I __ . . ... ~ 0 0 0 0 0 0 0 0 0 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. Discrimination in the mortgage lending and property insurance marketplace(s) based on racehational origin (Hispanic) and raciayethnic composition of the neighborhood is documented through regonal audits. Findings may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the region is allegedly on the basis of race, disability, national origin, and familial status. The number of reported hate crimes is increasing in the region; hate crimes involving civil rights and fair housing are underreported Such crimes create bamers to housing choice. A growing number of complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits or private actions initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations of fair housing violations regarding appraisal, broker and multi-listindinternet services; these problems may be underreported It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide (FHPG), Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently contracts with Heartland Human Relation and Fair Housing Association (HHRA or Heartland) for the provision of fair housing services. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should directly relate to the findings of audits and/or the frequency and nature of anecdotal complaints received in the jurisdiction 25 “_ Fair Housing Council of San Diego - 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular “protected class groups” which are most impacted, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include but are not limited to: 0 Adoption of policies to monitor, through code enforcement processes, housing units in deteriorating condition; monitoring in conjunction with a rehabilitation program will preserve low income units Use of expedited permits and processing procedures to create incentives for low-income opportunities Six stated goals of the Housing Element, namely.. . 1. Preservation of existing housing; 2. New housing developed with a diversity of types, prices, tenures, densities and location; 3. Sufficient new, affordable housing opportunities to meet the needs of groups with special requirements; 4. Maintenance of a high quality of life and a strong local economy through a balance of residential and non-residential development; 5. New and redeveloped housing which conserves natural resources and 6. All Carkbad housing opportunities (ownership, rental, fair market and assisted) offered in conformity with open housing policies and free of discriminatory practices. 0 Inclusionary housing objectives to.. .ensure that all master planned and specific planned communities and all residential subdivisions provide a range of housing opportunities ‘for all identifiable economic segments of the population. All impediments as identified in previously completed AIS, and not covered in this process but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. 26 Analysis of Impediments to Fair Housing Choice . ," ,_ ,, - -. ." . -. Time Frame The City plans to conduct the following ongoing activities on an annual basis to address impediments to fair housing in Carlsbad. City staff will continue to participate in the San Diego Fair Housing Resource Board to assist in the development of regional efforts to address impediments to fair housing where appropriate. The City will contract with a Fair Housing Provider to act as a resource for residents needing assistance in resolving fair housing complaints, including the investigation, filing and testing of complaints in conjunction with enforcement agencies. The Fair Housing Provider and City staff will educate housing providers, tenants and homebuyers of their rights and responsibilities regarding fair housing through periodic seminars, distribution of informational material and other outreach opportunities. The Fair Housing Provider may also conduct fair housing auditdtests, as deemed necessary by the City and Fair Housing Provider. This will help the City to have a better understanding of the extent of housing discrimination and will guide the development of new fair housing strategies, if needed. The City will continue to, assist in providing affordable housing opportunities for low- and moderate-income households through various rental assistance, homebuyer and home rehabilitation programs. The City will continue to assist in the development of new affordable rental and for-sale housing units through implementation of its hclusionary Housing Ordinance and other programs. "I 27 Fair Housing Council of San Diego I Chula Vista This information has been incorporated from the City’s Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Chula Vista increased in size from 135,163 persons in I990 (according to the Census) to 166,945 persons as of January 1, 1999, which represents a growth of 23.5 percent. It is the second fastest-growing jurisdiction in the region (second only to San Marcos). Projected Population The City’s population is projected to increase to almost 275,500 by the year 2020, representing a growth rate of 82 percent since 1995. This growth rate is projected to be faster than all of its neighboring. cities (Coronado, Imperial Beach, National City and San Diego), as well as that of the County. Ethnic Makeup of the Population As of 1998, Chula Vista had the second highest proportion of Hispanics (42%) and the third highest proportion of Asians/Others (10%) among jurisdictions in the region. The City’s population was made up of 43 percent Caucasian (non-Hispanic) persons, 42 percent Hispanic (all races), IO percent Asian or Other and 5 percent were Afiican American (non-Hispanic) persons. The City is becoming more ethnically diverse, with Hispanic persons representing over one third of the City’s population in 1998, compared to less than a quarter of the City’s population in 1980. Concentrations and/or Locations of Minorities Areas of raciayethnic minority concentration are defined for the City of Chula Vista as census tracts containing a percentage of minority households higher than San Diego County’s minority households as a percent of total households, which for 1990 was 35.0 percent. Most Census tracts in Chula Vista had concentrations of minority households above the County average; two tracts had high concentrations of minority households which were more than double the County average. Census tracts are too large to evidence the segregation within the neighborhoods. Real estate developers and residents have commented on the distinction of particular blocks within neighborhoods known to be occupied by a particular ethnic group. Unfortunately, ethnic and income information broken down for each street andor block in Chula Vista is not available. Age Similar to regional and nationwide trends, the median age of the City’s residents has increased since 1980, from 30.4 years to 3 1.4 years in 1990. Income Income is one of the most important characteristics of housing need because it directly affects the range of housing prices and strongly influences housing affordability. Household income is also directly related to both housing tenure and type; as household income increases, the ratio of home ownership tends to increase. Taken from Assessment of Impediments to Fair Housing Choice in the City of Chula Vista California 1996-1997, page 15. 28 ~, ... ._. . . . __ _”_ Analysis of Impediments to Fair Housing Choice Although pay levels In Chula Vista are low relative to other metropolitan areas, pay levels have improved since 1980. In 1999, the City’s median household income was $44,201, representing a 36.2% increase from that of the 1990 Census ($32,449). Special Housing Needs Overcrowded Households Overcrowdedness is a disproportionate problem for large families of related renters. Of all related renters, 70.4 percent earn 3 1 fo 50 percent of median income and live in overcrowded conditions, compared to 17.8 of all renters in the City earning 3 1 to 50 percent of median income. According to the 1990 Census, there are 5,193 overcrowded housing units in Chula Vista, representing about 10.4 percent of the 49,849 total housing units. There is comparatively less overcrowding in Chula Vista than regionwide. Of the overcrowded units in the City, 35 percent (1,794) are owner-occupied and 65 percent (3,399) are renter-occupied. Farm Workers Due to the rapid suburbanization of Chula Vista, vexy little of the County’s agricultural employment base is left in the area. According to SANDAG’s 1995 Employment Inventory, there are only 63 agricultural workers, which is 0.2 percent of the employment base of Chula Vista. Single Parents 1990 Census data indicates that 10.3 1 percent of the City’s total households are headed by single parents as compared to 9.3 percent regionwide. Of these, 4,902 households in Chula Vista, 994 (20 percent) are headed by males and 3,908 (80 percent) by females. Of the female single-parent households, 1,411 live below the poverty level, that is three percent of total households. Elderly There are approximately 2,927 low-income elderly renter households. Based on regional percentages, 43 percent of low-income elderly renter households are estimated to pay more than 50 percent of their income for housing. The health and social needs of these elderly persons are significantly impacted when so much of their limited resources go toward housing. Military There are 200 occupied military households in Chula Vista. The majority of military personnel in this jurisdiction reside in single family detached housing. There is no on-base housing in the City. Homeless The actual extent of homelessness can only be estimated because, by definition, the homeless have no fixed residence and therefore it is very diffkult to count them. The 1990 Census shows a total count of 14 homeless persons in Chula Vista. However, the RTFH estimated that in the South Bay subregion (which includes National .City, Chula Vista, Imperial Beach and a portion of San Diego) the number of homeless persons is between 135 and 200 on any given night. Adults (including families and single adults) account for approximately 75 percent of the urban homeless. 29 P Fair Housing Council of San Diego -. Persons with Disabilities Persons with Physical Disabilities It is estimated that seven percent of the total population (4,782 households) has a physical disability in the City of Chula Vista. This segment of the population is increasing due to lower death rates and higher longevity rates resulting from advances in medicine. The special needs required for housing physically disabled individuals include not only affordability, but also special construction features to provide for access and use according to the particular disability of the occupant. The location is also important because many such households need access to a variety of social services and other specialized services throughout the county. Persons with Mental Illness There are an estimated 1,998 adults (one to two percent of the total population) who suffer from serious and persistent mental illness (based on the City’s 1990 Census) and therefore a substantial need for stable, decent housing. A substantial majority of persons in this population depend solely on Social Security Insurance payments of approximately $600 per month. Based on federal housing standards, affordable rent payments should be slightly over $200. Relative to their income, few persons in this population can afford rental housing on the open market. A lack of access to stable, decent housing often leads to mentally ill persons being homeless, near-homeless or living in unstable andor substandard housing situations. It is estimated that one-third of persons who are homeless also suffer from serious and persistent mental illness. Persons with HIV Infection and AIDWOther Transmittable Diseases The estimated number of persons in Chula Vista presently infected with HIV is estimated at 1,920. One of the inevitable consequences of AIDS is a deterioration in health, leading to an inability to work. As a result, AIDS is often regarded as an illness of impoverishment. Studies by Medical indicate that AIDS patients have extremely limited incomes which make all market-rate housing unaffordable for AIDS patients. Thus, many patients are at high risk for homelessness. Persons with Developmental Disabilities According to the San Diego County Regional Center (SDCRC), all developmentally disabled adults who are unable to live on their own should reside in group homes with no more than six persons or with their families. SDCRC reports that in the past year there were at least 49 developmentally disabled persons whose housing needs were left unmet for more than six months.’ Lead-Based Paint Needs According to the County Department of Health Services, 14 cases of childhood poisoning have been identified in Chula Vista since 1992. Approximately 16 percent of the City’s housing stock may potentially contain lead-based paint. Approximately 1,527 to 1,865 units and 1 , 168 to 1,426 renter units occupied by lower-income households may contain LBP in Chula Vista. Housing Market and Needs Analysis Overall housing vacancy rates for the City of Chula Vista are relatively low, between four and five percent in all time periods. A vacancy rate of five percent is typically considered a “stabilized” vacancy rate, I I ’ Taken from City ofChula Vista Consolidated Plan, 1995-1999. page 111-12. 30 Analysis of Impediments to Fair Housing Choice .. ...~. . - - . . ... . . representing an equilibrium between supply and demand factors. That is, a vacancy rate significantly greater than five percent (1 0 to 20 percent) indicates that the market is oversupplied, while a vacancy rate under three to four percent typically indicates that the market is undersupplied. Housing Needs Chula Vista has a vacancy rate of 4.1 percent (as of January 1 , 1999), which by 2020 will increase to 4.2 percent. There were estimated to be, in 1999, 57,344 total housing units. This number will increase to 96,5 18 by 2020. Accessible Housing The City is working to comply with the Americans with Disabilities Act (ADA). When it upgrades playground equipment, facilities and parks, the City must ensure that the location is accessible. Recommended Capital Improvements Projects for CDBG funding in fiscal year 1995-96 included ADA compliance for City Buildi.ngs and construction of pedestrian ramps. The Building Department has identified priority buildings for ADA modifications to building/facility access including restrooms, drinking fountains and pedestrian ramps. Affordable Housing Chula Vista took a leading role in the County by creating an Affordable Housing Policy which requires developers of housing projects with more than 50 units to provide that at least five percent of the units be affordable to low-income households, and five percent of the units be affordable to moderate-income households. This policy is a positive step toward ensuring a more racially and economically balanced community. Public Assisted Housing The San Diego County Housing Authority owns and manages the following three public housing projects (1 05 units) in the City: Dorothy Street Manor (22 low-income family units), Melrose Manor (24 low-income family units) and Town Centre Manor (59 low-income senior units). The public housing units in Chula Vista are less than ten years old and are in excellent condition. They also meet all ADA requirements and modifications per the County 504 Assessment. Employment, Education and Transportation Trends Employment During the 1980~~ the number of jobs in the service industry nearly doubled to 333,000 in 1992 in the County. More people are employed in the service industry than any other. The region's employment' increased during the military build-up in the mid 1980s and fell dramatically with the downsizing experienced in the early 1990s. The downsizing has affected the jobs-to-households ratio, which decreased from 1990 to 1992. Chula Vista is forecasted to be one of the fastest growing employment centers in the region because of land available for employment center development, access to major transportation corridors such as Interstates 8 and 805, and its proximity to the U.S.-Mexico International Border. Employment is projected to increase by 47 percent between 1995 and 2005, with the greatest numeric increases occurring in the services, government and retail sectors. Given that retail trade and service jobs are traditionally lower paying, the need for affordability in the local housing market may be magnified, assuming that those retail trade and service employees also reside within the community: Fair Housing Council of San Diego ___ Education Almost every year or so for the last decade, the district has opened a new school. The Chula Vista District allows individual schools to decide to a large extent where money will be spent and how the curriculum will be taught. Older students attend junior high and high school in the Sweetwater school district. Bonita Vista High fields a championship band. Chula Vista is the location of Southwestern Community College with an enrollment of 17,7 16 for the Fall of 1999. Most (70%) were part-time students and only 27 percent were new enrollees. The average age is 26.8 and 83 percent of the students are ethnic minorities. The majority of students are employed and 37 percent live in Chula Vista. There is no housing office on campus and the college administrators have not heard about housing problems from the students. It is also interesting to note that more than one out of four (26%) residents age 25 or older has a college degree. A similar proportion does not have a high school diploma. Transportation A Chula Vista Transit Study was undertaken in December of 1990 to assess public transportation access to all areas of the City, especially low income areas and areas with large employers. The study resulted in recommendations to discontinue extensions with low ridership, to re-route some existing extensions to ’ growing areas of the City and to add new extensions. West of Interstate 805, there is a transit stop or trolley station with each block. A positive relationship was discovered between housing choice, place of employment and public transportation. Social Services The City has a variety of social services programs providing an assortment of community services, many of which are utilized by low and moderate-income families. South Bay Community Services Nuestra Youth Shelter, Project Safehouse Shelter For Battered Women, Senior Adult Services, South Bay Family YMCA; Chula Vista Connection-Day Care Center and the Chula Vista Human Services Council are among many programs with locations in the Chula Vista communities. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other “protected class” status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6th Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (,Ih Cir. 1996) 96 F.3“. 1004. Per hotline monitoring reports, general confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. 3 32 I I I I I I 1 I ~ ___ ~ __ Analysis of Impediments to Fair Housing Choice Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit(s) Past preapplication audits conducted in the City revealed incidences of discrimination on the basis,of national origin (60% in 1992); familial status (50% in 1993); and race (70% in 1993). There is no other updated audit information. Potential Impediments The following charts represent the type, number and ethnic characteristics of housing discrimination complaints filed with the FHCSD by Chula Vista residents over the period of 1996 to 1999. Figures 3 and 4: Discrimination Complaints-Chula Vista I African I Hispanic I Caucasian I Asian I Native I Other I Total I American I American American 1 I I I I i 20% W Religion 0 Color I I 25% H Handicap Familial Status State 17?? "" Race Total State Familial Handicap Sex National Color Religion Origin status 33 161 33 38 28 1 28 0 0 33 Fair Housing Council of San Diego Complaint Resolution Many of the complaints that are received over the hotline are from callers who are confused about their landlordtenant and fair housing rights. These complaints are resolved through telephone counseling and education or resource referral. This lack of education serves as an impediment to assertions of choice in housing. Lack of pertinent information also leads to unfounded allegations of housing discrimination, in some cases. There is a great need for consumer education in both the landlordtenant and fair housing realms. The next highest number of complaints is resolved through a professionally conducted or limited telephone conciliation process. Under this process, complaint resolutions have resulted in: rescinded move notices; modifications and accommodations for disabled tenants; relief for families with children being subjected to differential policies and tenant privileges; corrections in unlawful advertisements; and assistance to housing mobility program participants who retained housing in low poverty areas. In the San Diego region, as compared to other jurisdictions nationally and regionally, litigation, as a response to unlawful housing discrimination, has been an “action of last resort.” Fair housing groups located in Orange County, for example, have recovered several millions of dollars in damage awards for plaintiffs, as compared to $140,000 in the San Diego region. This development is attributbble to several factors. Historically, outreach, education, industry training and collaborative efforts (early Fair .Housing Task Force and Community Housing Resources Board activities) have been the primary enforcement strategies implemented in the region. Heavy emphasis has been placed upon community education with a variety of educational services becoming available in the region. In other cases, consumers elected not to pursue the claim, due to their embarrassment or their being in denial, required time commitments or lack of faith in a quick resolution of the complaint by enforcement entities. It is recommended that additional tactics be pursued for fair housing compliance. Greater enforcement activity is needed. General Housing and Related Demographic Issues 0 Between 1995 and 2020, growth rate is expected to be faster than all neighboring cities, with the second highest proportion of Hispanics and the third highest proportion of AsidOthers. This creates a greater need for programs that build community harmony among diverse groups and also for more housing and increased affordable housing opportunities. 0 Two tracts had high concentrations of minority households, of more than double the County average. There may also be underlying reasons unrelated to income disparity; more research or anecdotal input is needed to measure discrimination, if any. 0 Overcrowded conditions are a disproportionate problem for families of related renters; some overcrowded conditions may result from families moving in who have missed a housing opportunity due to discrimination; others may be trying to move out of overcrowded situations to no avail due to low vacancy or acts of housing discrimination. 0 As a fast-growing employment center, the City will need to develop new and affordable housing opportunities, in line with the average wages of the growing employment sectors, to be developed. Protected Class Issues 0 10% of the City’s total households are headed by single parents of whom 80% are headed by females and 20% are headed by males; 3% of female-headed households live below poverty line; this pup is “at risk” of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. 34 I I I I I I I I I I I I I I I I 4 I I . _" .. . , __ . ~ . . . . ... . ." ". .. - .. . . .. . . . . - . ..... ~ ..... Analysis of Impediments to Fair Housing Choice 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. 0 Discrimination in the mortgage lending and property insurance marketplace(s) on the basis of race and national origin (Hispanic) is documented through regional audits. This finding may affect mortgage loan and property insurance applicants who live in the City (see Chapter Four). 0 Other anecdotal complaints indicate that most discrimination in the City and the region is allegedly on the basis of race, disability, national origin, and familial status. 0 The number of reported hate crimes in the region is increasing; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. 0 A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. 0 Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. 0 There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. 0 Research revealed no allegations or cases involving residential residency requirements, deed. restrictions or unreasonable occupancy quotas. 0 There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listindintmet services; these problems may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population, since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. 0 Little information on the issue of racial credit steering is available; more research or anecdotal accounts is needed. 0 Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1 , HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination ... The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify ''protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently contracts with FHCSD for the provision of fair housing services. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should directly relate to the findings of audits andor the frequency and nature of anecdotal complaints received in the jurisdiction " "_ 35 Fair Housing Council of San Diego ”” -_I_ 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular “protected class groups’’ which are most affected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are conceined (as with federal assistance housing programs, first-time homebuyer programs, affordable housing and senior housing projects and other special housing programs), should receive basic fair housing training and periodic updates. 7. It is Mher recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: 0 Eight stated goals of the Housing Element, namely 1. Conserve Existing Affordable Housing Opportunities 2. Maintain and Enhance the Quality of Residential Neighborhoods in Chula Vista 3. Ensure that an Adequate and Diverse Housing Supply is Available to Meet the City’s Existing and Future Needs 4. Help Low-Income Households Purchase a Home 5. Participate in Regional Efforts to address Homeless Needs 6. Encourage Energy and Waste Conservation 7. Promote Equal Opportunity for all Residents to Reside In Housing of Their Choice and 8. Reduction and/or Removal to the Greatest Extent Possible of Identified Constraints to the Development, Maintenance, and Improvement of Housing. Appointment of a Community Reinvestment Act subcommittee; currently a CR4 plan is being developed Housing Rehabilitation programs All impediments as identified in previo.usly completed AIS, and not covered in this process but which remain unresolved, are incorporated by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. 36 ~ .... ""I"""""" Analysis of Impediments to Fair Housing Choice Time Frame On an annual and continuing basis, the City will contract with a non-profit agency for the provision of basic services as outlined at Appendix M. The objectives, goals, and measurable expected outcomes are also outlined at Appendix M. The basic components of fair housing program services will include, but not be limited to: 0 Diverse community outreach and public education services (ongoing) 0 Intake, investigation and resolution (through enforcement referrals) of bona fide housing discrimination complaints (ongoing) 0 Maintenance of records of all activities undertaken to address and remove the impediments identified under the Regional AI (ongoing) 0 Through ongoing linkages with enforcement entities and regionalhational advocacy groups, foster and support of the general coordination of federal, state and local fair housing laws in the jurisdiction Reports of activities and other progress made toward the removal of fair housing barriers will be compiled and submitted to the jurisdiction (quarterly). Highlights of fair housing achievements will be included as part of the performance report required by the Consolidated Plan regulation (24 CFR 91.520(a)). As funding permits, housing audits will be conducted to further identify issues, trends and characteristics of continuing discrimination violations, especially in the categories of sexual harassment, disability, familial status, race/ethnicity and broker/multiple listing services. Property insurance &d hate crime violations are underreported. Efforts should continue to educate the public about fair housing legal requirements in these areas. The individuals, groups and organizations that will be involved in the carrying out of a fair housing action plan are very broad. Community-based agencies, housing industry groups, lending and insurance. professionals, ci,vic organizations, government departments (i.e. housing development) and officials, and fair housing advocates will be among the entities called upon in the implementation of a fair housing action plan. At the end of the first year after implementation of the FHP process, the jurisdiction will submit to HUD: A summary of the AI, 0 Actions taken the previous year and 0 An analysis of the impact. As part of the jurisdiction's annual performance report for its Consolidated Plan, the jurisdiction will report on its action to affirmatively further fair housing. The jurisdiction will provide a summary of its AI and a description of the actions taken during the past program year, along with an analysis of the impact of the actions (per FHPG). "- Fair Housing Council of San Diego " El Cajon This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Since 1990, the population of El Cajon has grown by 7.7 percent, from 88,693 persons to 95,546 persons in 1999. Projected Population In 1995, the population was 91,464 persons. This number is projected to increase by 14 percent by the year 2020, to 104,563 persons. Ethnic Makeup of the Population The population in El Cajon in 1998 was comprised of 75 percent non-Hispanic Caucasian persons. An estimated 10 percent of the non-Hispanic Caucasian population are Chaldeans, which are Iraqi Christians. At 18 percent of the total population, Hispanic was the second largest raciavethnic group in the City. Afiican ' Americans made up 3 percent and Asian and other raciavethnic groups constituted 4 percent of the population. Comparing this raciauethnic composition of the population with that of the total households indicates that among 32,893 households in El Cajon, 85 percent were headed by Caucasians and only IO percent by Hispanics. This reflects the typically larger household size for Hispanics as compared with Caucasian households. Concentrations and/or Locations of Minorities El Cajon has only eight block groups that experience a minority concentration greater than the County average (according to 1997 figures). The County population average for Hispanic persons is 20.4 percent; while the Hispanic minority concentration in the eight block groups is 34.0 percent. Otherwise, no one tract 'is exclusively one race or ethnic background. Age El Cajon has one of the youngest populations in the region, with 10 percent of its residents under age five. The median age of El Cajon residents in 1990 was 29.9 years of age, which increased to 3 1.9 in 1997 according to SANDAG estimates. Median age in the county increased from 30.9 in 1990 to 32.9 in 1997. Income The median household income for El Cajon residents as of 1999 was $33,369, which was a 17.6 percent increase from the 1990 figure of $28,371. In El Cajon, households with lower incomes (up to 80 percent of the County Median Family Income (MFI)) comprised 49 percent of the total households. The proportion of households with Low Income or less was higher among most ethnic and racial groups than for all City households as a group: 61 percent of Hispanic households; 59 percent of Black households; and 56 percent of Asian households. 38 . . . - Analysis of Impediments to Fair Housing Choice Special Housing Needs Overcrowded Households Overcrowding is an indicator of unaffordable housing. Unit overcrowding is typically caused by the combined effect of low. earnings and high housing costs in a community, and reflects the inability of households to buy or rent housing‘which provides a reasonable level of privacy and space. However, cultural differences also contribute to the overcrowding condition since some cultures tend to have larger households. An overcrowded household is defined as more than one person per room, excluding bathrooms, kitchens, hallways and porches. The incidence of overcrowding in El Cajon approximated that of the County (9.4 percent), according to the 1990 Census. Severely overcrowded homes are those with greater than 1.5 persons per room. In El Cajon, this percentage was 3.8 in 1990 versus 4.8 for the County. Overcrowding is typically more prevalent among renters than among owners. Of the City’s renter-households in 1990, approximately 2,477 (or 12.7 percent) lived in overcrowded situations. Only 403 (three percent) of the City’s owner-households lived in overcrowded situations. Farm Workers The urban nature of El ‘Cajon and surrounding communities does not lead to the farm worker’housing issues experienced by other portions of the County. Based on SANDAG’s 1995 Employment Inventory, El Cajon has only eight farm workers. Single Parents According to the 1990 Census, El Cajon had 6,722 female-headed households, 4,840 or 72 percent with children. El Cajon has the second highest percentage of single parents in the region. One out of three (34%) families with children is headed by a single parent. Approximately 42 percent of female-headed households with children lived below the poverty line. Service to this population is a high priority within the City’s local service providers. Services are delivered through a “continuum of care” on an “as needed‘’ basis. Elderly Similar to the County, El Cajon has a sizeable elderly population. In 1997, elderly residents comprised approximately 11 percent of both the El Cajon and County populations, who typically require lowcost housing with easy access to transit and health care facilities: Senior services are needed to address the special needs of the City’s elderly population. Military The Census revealed that about 3 percent of the town serves in the military and about 13 percent are veterans. Homeless The 1990 Census data for the homeless in the City of El Cajon showed a total count of 89 homeless persons (1 3 resided in emergency shelters and 76 were observed living on the streets). This count however may not be considered a complete or adequate indicator of homelessness in El Cajon. The 1998 Regional Homeless Profile estimates that there are 750 to 1,000 homeless persons in the East County area. According to the Profile, El Cajon has 85 to 100 chronically homeless persons. They are most visibly concentrated near El Cajon Boulevard, Magnolia Avenue, Second Street and at various locations near Main Street. 39 Fair Housing Council of San Diego ___-_ - ”___ Single adults comprise about 70 percent of the urban homeless population. Approximately 88 percent of the single adults are men. Based on this proportion, approximately 60 to 70 percent of the urban homeless persons in El Cajon are adults, which means 52 to 62 men and 7 to 8 women. Persons with Disabilities Eleven percent of the city’s 1990 population had work, transportation and/or self-care limitations, compared to 9.5 percent for the entire county of San Diego. These disabled residents require special attention relating to housing services. Improvements to the City’s public facilities are needed to comply with the accessibility requirements of the Americans with Disabilities Act (ADA). Persons with Physical Disabilities According to SANDAG’s estimate, 3.5 percent of the population in El Cajon may have a physical disability. According to the State Department of Social Services there are about 45 community care facilities in the City that provide supportive housing for physically disabled persons, providing a capacity of about 375 beds. Persons with Mental Illness The major barrier to stable, decent housing for the seriously mentally ill is the availability of affordable housing. A substantial majority of persons in this population depend solely on Social Security Insurance payment. With this limited income, few persons can afford rental housing on the open market. This often leads to homelessness, or near-homelessness, or living in unstable andor substandard housing situations. The Regional Homeless Profile by RTFH suggests that one-third of persons .who are homeless also suffer from serious and persistent mental illness. This represents 28 to.33 urban homeless persons in El Cajon. An estimated 50 percent of the homeless mentally ill also have substance abuse problems, roughly 14 to 16 persons. Persons with HIV Infection and AIDS/Other Transmittable Diseases Cumulative through September 30, 1998, 191 cases of AIDS have been recorded in the city of El Cajon. An estimated 76 persons in the City are living with AIDS and HIV and require a broad range of services, including housing, health care, transportation and food distribution. Persons with Developmental Disabilities The nationally accepted percentage of the population which can be categorized as developmentally disabled is one to three percent. Thus, with a current population of 94,490, an estimated 945 to 2,835 El Cajon residents may be considered developmentally disabled. According to the State Department of Social Services there are about 40 community care facilities in El Cajon which serve the supportive housing needs of developmentally disabled persons, with a capacity to serve about 560 clients. Persons with Alcohol and Other Substance Addictions The National Institute of Alcohol Abuse and Alcoholism estimates the number of men with drinking problems (moderate or severe abuse) at 14 to 16 percent of the adult male population, and the number of women with similar problems at 6 percent. Thus, an estimated 6,000 to 7,000 men and 2,800 women in El Cajon may be alcohol abusers. 40 Analysis of Impediments to Fair Housing Choice __ .. . , . . . - ~ . . ~. . . . -. .. -. . - - _.-- Lead-Based Paint Needs Effective September 15, 2000, all projects using CDBG or HOME funds are required to be in compliance with new HUD regulations, Title X, Section 10 12 and 1013 of the Housing and Community Development Act of 1992: The Residential Lead-Based Hazard Reduction Act of 1992. Because the regulation includes "Requirements for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in Federally-Owned Residential Property and Housing Receiving Federal Assistance," the City guidelines, processes and documents for administering its Single Family, Mobile Home Rehabilitation and First-Time Homebuyer Loan Programs have been revised substantially. In addition, the City recently recruited LBP professionals by sending out a Request for Qualifications and staff has been trained and/or certified to assist in the monitoring of projects affected by these hazards. Housing Market and Needs Analysis In 1995, there were 34,703 housing units throughout the City. This number is projected to increase to 38,534 (1 1%) by 2020. On the other hand, the vacancy rate was at 4.4 percent in 1995, which will fall to 3.8 percent, a 14 percent drop, by 2020. El Cajon is the only jurisdiction in San Diego County that has a majority (51%) of multiple family housing units. Housing Needs Overall, 25 percent of the City's owner-households and 5 1 percent of the renter-households paid more than 30 percent of their gross income for housing in 1990, exceeding the State and HUD standard for affordable housing. In 1990, 45 percent of the City's low and moderate income households experienced some kind of housing problems. The housing assistance needs among renters were greater than among owners. The problems-experienced were most severe for large families at the extremely low and very low income levels. Accessible Housing During FY 1999-2000, the City funded several ongoing projects to improve accessibility to public buildings and places. Affordable Housing El Cajon is very active in the realm of affordable housing. Over the past fiscal year, the City funded 23 mobile home rehabilitation grants, five single family rehabilitation loans and eleven first time homebuyer loans, totaling $318,847, which came from a variety of sources. All of these programs are income restricted to 80 percent or less of area median income (AMI), adjusted for family size. In addition, a program is being developed for single family rehabilitation loans for families eaming 80 to 120 percent of AM€. Additionally, the City is a member of the San Diego Finance Agency, which is in the process of creating a Lease to Purchase program with a separate hnding source. Families eaming up to 140 percent of AMI will be eligible. Public Assisted Housing There are no public ho.using projects in El Cajon. Employment, Education and Transportation Trends Employment In 1990, the majority of the residents in El Cajon were employed by the retail and service sectors. Unemployment, as estimated by the Census, was approximately 7.4 percent .. of the civilian labor force. "."_.~."."""""""I Fair Housing Council of San Diego Unemployment varied by age and ethnici,ty. Significantly fewer Caucasians were unemployed than ethnichcial minorities. Education Schools rank in the SOth to 90th percentiles for the state. Students start in the Cajon Valley district, then move up to schools in the Grossmont district, which also scores from the 50 * to 90Lh percentiles. Transportation The City contracts with County Transit Services (CTS) to provide transit services for its residents using State Transportation Development Act (TDA) funds. Under the contract, CTS operates five shuttle routes within the City and five shuttle routes connecting the City with other communities in East County. These subsidized shuttles provide much needed access for low- and moderate-income citizens by greatly increasing their ability to access necessary services and employment centers. Social Services El Cajon utilizes CDBG and non-federal fhds to provide a variety of community services including: employment training and retraining services for the City's low- and moderate-income residents, as well as to 'the homeless; supportive services for disabled persons such as independent living skills; substance abuse services; transportation services; and health services. Funds expended include: $20,000 in non-federal funds to subsidize shared housing to match elderly homeowners to low-income renters; $25,000 to Lutheran Social Services for minor home repairs to low- income seniors; $5,000 to Labor's Community Service Agency for home security improvements for low- income citizens; $7,000 in CDBG and City general funds to contribute to the County Motel Voucher Program for homeless individuals; and $33,000 for operation of the Armory as a winter shelter. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other "protected class" status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6h Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7 Ih Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordltenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit(s) Results of a fair housing audit (carried out by Heartland) show a moderate incidence of disparate treatment based on race, demonstrating a need for continued education and monitoring of fair housing issues. I P 4 Q d I d I E I 42 Analysis of lmpediments to Fair Housing Choice . ~ . ." .. . -, __ -. . . ~ ... .. .. . . . ~ ~ ~ . Otherwise, the City of El Cajon has no additional concerns with regard to other fair housing problems. HHRA conducted another audit for El Cajon in May 2000. Twenty sites were tested for each variable. The number of tests resulting in differences in treatment or information varied greatly across the variables. The sites tested for the families with children variable showed a very low incidence of disparity (two out of twenty or 10 percent in the first round). No discrepancy was found in one of those sites and the second site is waiting for a vacancy for the retest. Overall, the findings indicate no significant discrimination against families with children in the complexes tested. Sites tested for the Hispanic variable were similar. Three sites were indicated for the second round and two of them were free of discrepancies in the second tests. One site remains problematic. The Caucasian tester was shown two units and the Hispanic tester only one. This 5 percent rate is very low indeed. Sites tested for the African American variable indicated a higher rate of discrepancies. Nine of the twenty initial tests conducted resulted in differences in information or treatment. Round two results showed no discrepancies at two sites, another site was unclear (requiring a third test), two with discrepancies (one blatant, one subtle) and four sites incomplete due to lack of vacancies or inaccessibility of the manager. Until the second round of the four incomplete sites is completed, it is impossible to assess the variable. Continued education and outreach should be conduc'ted to reinforce the goals of fair housing, especially in light of the high turnover rate in apartment management. Potential Impediments General Housing and Related Demographic Issues 8 Population is expected to increase by 14 percent by the year 2020 (to 104,563 persons); the current population is primarily Caucasian (75%) (of which an estimated 10 percent are Chaldean, which are Iraqi Christian), with 18 percent Hispanic persons, 3 percent African American and 4 percent Asiadother. A strong and diverse public outreach and education program will "afftrmatively further" goals. A relatively young age group with lower median incomes and larger proportions of low-income households among ethnic and racial groups, face additional barriers to overcome when searching for housing; housing discrimination will exacerbate the problems. Overcrowding, more prevalent among renters, may be related to economic and availability factors and possibly unlawful housing discrimination. More research is needed to establish a relationship between mortgage loan rejectioxdapproval rates, homeownership rates (as between Caucasians and minorities) and overcrowded conditions, if any. El Cajon is the only jurisdiction that has a majority of multiple family units (51%). Ten percent of the population is under the age of five, which suggests a larger number of families with children reside in the City. A declining vacancy rate poses a greater potential for housing discrimination complaint filing among persons competing for such vacancies Occupancy standards which are .restrictive (i.e. allowing less than two persons per bedroom, per HUD standards) may pose a problem of "disparate impact" and also restrict housing choice. * Taken from City of El Cajon Analysis of Impediments to Fair Housing, September, 1997, page 11. Taken fmm the HHRA Housing Audit Report. March 2000. 43 Fair Housing Council of San Diego Protected Class Issues 0 The City has the second highest percentage of single parents in the region, 34 percent of whom are families with children and 42 percent of whom live below the poverty line. This group is ''at risk" of facing discrimination based upon national and local studies. 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. 0 Discrimination in the mortgage lending and property insurance marketplace(s) on the basis of race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). 0 Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly on the basis of race, disability, national origin, and familial status. 0 The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. 0 A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. 0 Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction or alleged discrimination in assisted housing programs. 0 There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. 0 Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. 0 There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listinglinternet services; these problems may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. 0 Little information on the issue of racial credit steering is available; more research is needed. 0 Tenants, and some owners, are unaware of legal differences between Iandlordknant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently contracts with Heartland Human Relation and Fair Housing Association for the provision of fair housing services. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 3 44 Analysis of impediments to Fair Housing Choice 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits andor the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular "protected class groups" which are most affected, as shown by local audits or records, by any noncompliance with. fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is fbrther recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: Provision of affordable, rehabilitation and homeownership assistance Five goals adapted under the Housing Element 1. Conserve and improve existing housing 2. Provide adequate sites to fulfill the City's share of regional housing needs ___ ~ . "" ". E 1 I m I A 1 3. Density Bonus and Shared Equity/Down Payment Assistance programs 4. Increase the supply of affordable housing through new construction and Promotion of Equal Housing Opportunities. All impediments as identified in previously completed AIS, and not covered in this process but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame City of El Cajon Fair Housing Plan" The City of El Cajon utilizes Heartland Human Relations and Fair Housing Association to provide fair housing services to its residents. In addition to informing complainants of their rights and assisting them with lo Provided by the City of El Cajon. c. Fair Housing Council of San Diego filing complaints, this agency provides tenantAandlord mediation services, community outreach, education and training services. Complaints may be filed with the State of California Department of Fair Employment and Housing, or with the U.S. Department of Housing and Urban Development. Fair housing is not a single component of any specific goal or policy within El Cajon. Instead, fair housing is viewed as a basic right of all residents. Therefore, the City’s housing goals and policies, as stated in the Combined Housing ElementKonsolidated Plan 1999-2004, are provided here: Housing Goals and Policies Goal 1 : Maintain and enhake the quality of residential neighborhoods in El Cajon Approximately 48 percent of the City’s housing stock is over 30 years old, indicating the potential need for rehabilitation and continued maintenance for a significant portion of the City’s housing stock. 0 1.1 Advocate the rehabilitation of substandard residential properties by homeowners and landlords. 1.2 Continue to utilize the City’s code enforcement program to bring substandard units into compliance with City codes and to improve overall housing quality and conditions in El Cajon. 1.3 Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. 1.4 Preserve the affordable housing stock in the City. Goal 2: Encourage the adequate provision of housing by location, type of unit, and price to meet the existing and future needs of El Cajon residents. El Cajon encourages the construction of new housing units that offer a wide range of housing types to ensure that an adequate housing supply is available to meet the City’s existing and future needs. Providing a balanced inventory of housing in terms of unit type, cost, and style will allow the City to fulfill a variety of housing needs. 2.1 Provide a variety of residential development opportunities in the City to fulfill regional housing needs. 2.2 Facilitate the production of housing for all segments of the population including those with special needs. 2.3 Require that housing constructed expressly for low-income households not be concentrated in any single portion of the City. 2.4 Implement the Downtown Specific Plan and facilitate the development of higher density housing in and around downtown. 2.5 Encourage the development of new housing units designated for the elderly and disabled persons to be in close proximity to public transportation and community services. 2.6 Pursue State and Federal hding sources to maintain the supply of affordable housing in El Cajon. 2.7 Continue to use the San Diego County Housing Authority to provide rental assistance to lower income households with special needs who are overpaying for housing. Goal 3: Provide increas,ed opportunities for home ownership. The option of homeownership in Southern California has become a privilege which is often not available to low income households or potential first time homebuyers. Rising construction and land costs have contributed to the cost of housing in El Cajon The City will continue to facilitate the creation of affordable home ownership opportunities in its jurisdiction. P 46 c Analysis of Impediments to Fair Housing Choice ”_ ~ ~ . . . .. ” . .. . . . ”” - 0 3.1 Assist in the development of affordable ownership housing for low-income residents. 0 3.2 Provide favorable home purchasing options to low and moderate income households, such as: interest rate writedowns, downpayment assistance, mortgage revenue bond financing and Mortgage Credit Certificates. 0 3.3 Facilitate the purchase of units converted to condominium ownership by existing tenants through use of ownership subsidies. Goal 4: Remove governmental constraints on housing development. Some governmental policies and market conditions can constitute constraints to housing development and affect the affordability of housing. While the City has little influence on market conditions, certain governmental constraints can be minimized to facilitate new construction. 0 4.1 Continue to allow second units, condominium conversions and residential units in offkekommercial zones as specified in the City’s Zoning Ordinance. 0 4.2 Encourage the use of density bonuses and provide other regulatory concessions to fkcilitate affordable housing development. 0 4.3 Allow manufactured housing in all residential zones. 0 4.4 Facilitate building permit and development plan processing for residential construction. Expedite project review of residential developments with an affordable housing component. - Goal 5: Promote equal opportunity for all residents to reside in housing of their choice. In order to make adequate provision for the housing needs of all economic segments of the community, the City must ensure equal and fair housing opportunities are available to all residents. 0 5.1 Prohibit discrimination in the sale or rental of housing with regard to race, ethnic background, religion, handicap, income, sex, age and household composition. 0 5.2 Provide fair housing services to El Cajon residents. 0 5.3 Encourage the dispersion of affordable housing to avoid the over-concentration of such units in any geographic areas. To achieve these goals, the City funds the following activities: Fair Housing Activities - El Cajon continues to contract with Heartland Human Relations and Fair Housing Association to provide a wide range of fair housing services to community residents. Services provided by Heartland include: 0 Serving as a fair housing resource for the area, including implementation of an affirmative fair housing marketing plan, testing and complaint verification; 0 Responding to all citizen complaints regarding violation of fair housing laws; 0 Providing tenant/landlord .. counseling to all inquiring citizens; 0 Promoting community awareness of tenandlandlord rights and responsibilities; 0 Monitoring housing legislation and reporting to the City; 0 Reporting monthly on complaint processing; and 0 Maintaining a free rental listing service of affordable housing within the City of El Cajon. 47 Fair Housine Council of San Dieeo Fair Housing Resources Board -This group consists of most of the entitlement communities within San Diego County, both fair housing non-profit providers, and representatives from the building industry, the apartment owners association, the disabled community and a few activists. This group meets monthly, and acted as the issuer of the Request for Proposals for the Regional Analysis of Impediments. Only staff time (which is supported through CDBG and HOME administrative funds) is expended in the City’s participation with this group. International Friendshiu Festival - Although not directly relating to housing, an annual event in El Cajon is worthy of mention. The International Friendship Festival is a two-day event at the end of September every year. This year is the tenth anniversary of the festival. The festival celebrates diversity through the arts, with two different stages offering free performances throughout the weekend, and an enormous variety of ethnic foods are available. The various Masters of Ceremonies are area celebrities. Attendance annually exceeds 100,000. The City allocates general funds to contribute to the festival. Mobile Home Rehabilitation Grant Program - CDBG funds are used for mobile home rehabilitation grants. These grants are available with a maximum of $5,000 per home, with an additional $1,000 available to disabled and elderly incomequalified applicants that meet minimum criteria. Between 20 and 30 mobile homes are rehabilitated annually under this program. Housing Rehabilitation Loan Program (HRLP) - HOME funds are used for rehabilitation loans for single family residences. The program was originally designed with a $50,000 maximum loan, but recently there have been several houses that required more to be able to bring them to code. The goal is to rehabilitate 10- 15 homes per year under this program. Small ADartment Complex Rehabilitation Loans - During fiscal year 2000-0 1, a new program was designed to provide below-market rate loans to owners of small apartment complexes for rehabilitation. This segment of the market has been targeted due to the nature of the problem: state law provides that apartment complexes of 16 or fewer units need not provide an on-site manager. Over time, absentee ownership and deferred maintenance have created a situation that the most problematic rental complexes within the City are those of 16 or fewer units. The specifics of this program were not fully developed at the time of this writing. Caring Neighbors - This is a program operated by Lutheran Social Services. Minor home repairs are provided to elderly homeowners using only volunteer labor. Between 40 and 60 homes are assisted annually under this program. Labor’s Community Service Agency - This activity is similar to Caring Neighbors above, but focuses on home security upgrades utilizing local labor union members to do the work and donated materials. Between 8 and 10 homes are assisted annually. Communitv Coalition - The Community Coalition is a partnership of community based organizations dedicated to the improvement of rental properties focusing on the promotion of better management and living conditions. The goals are to provide proactive assistance to property owners and managers in the areas of training, education, inspection services, mediation services and police services. The member organizations include the City of El Cajon Building Division, the City of El Cajon Community Policing Division, Heartland Human Relations and Fair Housing Association and the Residential Management Support System (RMSS). Activity 164 is the community policing activity, of which the Community Coalition is only a part (see goal 8 below). RMSS is an organization comprised of resident apartment managers throughout El Cajon. The 48 ,.. 4 I T; 8 I 1 I I Analysis of impediments to Fair Housing Choice Community Coalition also works closely with the Housing Division, and a new project has been created for the next fiscal year using HOME funds to provide below-market rate loans for apartment rehabilitation. New Housing Oortunities - The City has loaned HOME to certified CHDOs to construct new residential units to be sold to first time homebuyers. Affirmative marketing plans are required as part of the process. Section 8 Rental Assistance Pavments/Housine Vouchers - El Cajon contracts with the San Diego C,ounty Housing Authority to administer the Section 8 CertificateNoucher Program to provide affordable rents to El Cajon's low income tenants (50% or less of area median family income) in the form of housing assistance payments to property owners. The rent subsidy represents the difference between the excess of 30 percent of the monthly household income and the actual rent. Unlike the certificate program, the rent voucher program allows participants to rent units beyond the federally determined fair market rent in an area, provided the tenant pays the extra rent increment. Annually, between 1,400 and 2,000 families are assisted with this program. Large numerical fluctuation occurs due to the increased mobility available to the recipients by having the County Housing Authority provide the service. Recipients are then able to move wherever they choose within the Housing Authority's jurisdiction without having to start the assistance intake process over. First-Time Homebuver Promam - The City provides the lower of 6% of the purchase price or $10,000 of HOME funds for a downpayment/closing cost loan program. The program was new in FY 1999-2000, when 11 families were assisted. The goal of this program is to assist up to 25 families per year. This program is available citywide. Mortgage Credit Certificate Promam (MCQ - The City of El Cajon participates in the California Mortgage Credit Certificate Program through a countywide consortium. The San Diego County Department of Housing and Community Development administers this program, This is an Internal Revenue Service-sponsored program for first time homebuyers. Annually, 6-8 El Cajon families are assisted under this program. First Time Homebuvers Fair - The cities of El Cajon, La Mesa and Santee and the County of San Diego co- sponsor a first-time homebuyers fair. Between 350 and 400 prospective homebuyers attend this annual event, which typically has 25-30 participating vendors, including lenders, real estate agents, insurance companies, escrow companies, home inspection services and credit counseling services. HUD is represented by Community Builders. San Diego Area Housing Finance Aeencv - The City of El Cajon has joined together with most of the other cities in San Diego County and created a public non-profit agency, the San Diego Area Housing Finance Agency (SDAHFA). SDAHFA will utilize the bonding capability of the various jurisdictions, and issue bonds to be used in a lease-purchase program. The framework of the program has been created loosely enough to allow each jurisdiction to focus on particular aspects within the arena of homeownership. Common requirements will be a thirty three month lease of the property by the homebuyer, until homeownership counseling has been completed and credit has been improved (if necessary). The homebuyer then assumes the mortgage. FreddieMac has agreed to purchase the mortgages on the secondary market, which will repay the bondholders. It. is anticipated that there will be enough revenue from the bond issue to assist approximately 500 units within the participating jurisdictions. The City of El Cajon will utilize this program for first-time homebuyers, from low income up through 140% of area median income. The program will be available citywide. The housing delivery system in El Cajon continues to provide opportunities for increases to the housing inventory. The scarcity of vacant land does result in the need for increased levels of City development review I_ . .,. . .,, .._ .. . . . ~ . .- ." '' 49 Fair Housing Council of San Diego “ - since much of the City’s vacant land inventory involves “constrained” properties. “Constrained” properties are those land parcels that typically require more involvement, such as more complex environmental, physical design and engineering review by City Departments responsible for development review. The City has worked with the development community to adopt revisions to its condominium conversion ordinance to minimize the requirements associated with the conversion of apartments to condominiums. Limits in the availability of public finding sources also results in a “gap” in the housing delivery system. Ayailability of funds for the production of housing which is affordable to El Cajon’s lower income households generally requires some form of government subsidy, necessitating a close working relationship between the pubic and private sectors. The City has ais0 adopted revisions to the parking requirements for senior housing and certain subsidized projects. The City will implement the following strategies to overcome the gaps identified in the City’s overall housing service delivery system: 0 Continue to implement priorities as identified in the HWCP for funding the City’s subgrantees to provide better targeting of scarce CDBG and HOME resources. 0 Implement the Redevelopment Agency’s AB 1290 Implementation Plan for the 20 percent set-aside funds to provide a coordinated investment strategy to address the City’s housing needs. 50 .. . . . " . . . . . .. . .... . . ..., . _" ~ _I_ Analysis of Impediments to Fair Housing Choice Encinitas This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth From 1990 to 1999, the population grew by 9.1 percent from 55,386 to 60,426 persons. Projected Population The population is expected to increase by 25 percent from 1995 to 2020, to total 70,750 persons. Ethnic Makeup of the Population 77 percent of the population is Caucasian (non-Hispanic), 19 percent Hispanic, 1 percent African American and 4 percent Asian and other ethnic groups. Concentrations and/or Locations of Minorities The Hispanic population is the largest minority in the City. However, there is only a concentration of Hispanic households in census tracts and block groups that also have a low income concentration. Of ten block groups with a concentration of low-income households, there are seven block groups with a minority concentration higher than the County average of 15.2 percent. An area is considered to have a minority concentration if the percentage of minority households is higher than 34.6 percent. There are two block groups within Encinitas that have a concentration. Therefore, 20 percent of low-income block groups also have a minority concentration. There is no concentration of minority households at the census tract level ". The Fair Housing Assessment has concluded that the City does not have racially and ethnically segregated housing patterns". Age The median age in 1999 was 37 years, up from 33.5 years in 1990. Income The median household income in Encinitas in 1999 was $58,869, up 26.3 percent from 1990 ($58,869). Nearly 26 percent of the Encinitas population is low income.' Of the low-income residents, half (7,856 people or 2,856) qualitjl as very low income. The majority of low-income households are the working poor, with less than 35 percent of low-income households on public assistance. There is a wide disparity between the increase in income and the increase in rental costs. In 1998, the average rent in San Diego County increased by 14 percent, compared to the median income, which only increased.by 4 percent. Welfare reform has encouraged and required recipients to obtain employment within two years. However, the pay rates of jobs obtained still require many households to stay on rental assistance. The steep increase in rents along .. with the limitation of 40 percent of income for rent has squeezed many people on fixed incomes out of Encinitas. 'I City of Encinitas Consolidated Plan, page 13. City of Encinitas Fair Housing impediments Assessment. February 1995, page 5. Fair Housing Council of San Diego Special Housing Needs There is a shortage of rental housing that is priced for households at or below 80 percent of median. Rents have significantly increased and the hot rental market has taken many condominium units out of the rental market. Lower income families, particularly single-headed households and minority populations, are having hard times finding rental units that they can afford. Overcrowded Households With the cost of rental housing so high, and the number of available units so low, it is anticipated that some low-income families live in overcrowded situations to make ends meet and keep a roof over their heads. Many families of Hispanic origin live with extended families, often in overcrowded units. Farm Workers The RTFH estimates a homeless population of 300 persons in Encinitas, most of whom are farm workers and day laborers. The 1990 Census found 1,396 persons without a residence. All but seven of whom,were living outdoors. However, since then the City has consistently operated the Private Property Cleanup Assistance Program, through which visible outdoor encampments are abated weekly. As a result, farm workers and day laborers are commonly crowded into apartment units. It is not uncommon to find 15 men residing in the same unit. While these people are described as “near homeless,” they do not meet the narrow definition of being homeless. Single Parents There were a total of 2,366 single parents in the City according to the 1990 Census. Of these, 75.8 percent were female-headed. Elderly The elderly comprise approximately one third of the low-income population ( 1,908 households) and about 25 percent of low-income renters. About 80 percent of elderly households pay over 30 percent of their income for housing. There are approximately 765 frail elderly households in need of supportive housing. The CDBG program funds many services available to help this population, such as Meals on Wheels, transportation vouchers, case management and adult day care. The proposed 45 unit senior project will help a small portion of this population. Homeless The only form of shelter for homeless persons is the Community Resource Center (CRC), which has 20 beds available only to women and children fleeing domestic violence. Therefore, hundreds of farm workers and day laborers are left unsheltered. The City contributes to the County’s Regional Motel Voucher Program and the Vista Homeless Shelter, both available during the winter months. These programs give ’ priority to families with children and disabled persons., which means that they are not accessible to farm workers and day laborers. Among the urban homeless, there are sub-population groups that require housing and services unique to their special needs. These groups are the elderly, victims of domestic violence, the mentally ill, persons with AIDS, substance abusers, veterans and youth. Although these populations have very special needs, the majority of homeless persons in Encinitas are farm workers and day laborers. There is not a high need in Encinitas to provide specialized housing and services for the above mentioned special needs groups. Therefore, the traditional continuum of care activities (emergency shelter and transitional housing) are not a high priority in Encinitas. 52 Analysis of Impediments to Fair Housing Choice . . - ._ . ___ ”” Persons with Disabilities Persons with Physical Disabilities According to the 1990 Census, there was a total of 1,498 residents with a physical disability. This includes the following three categories: mobility limitation only, self-care limitation only and mobility and self-care limitations. Persons with Mental Illness There may be approximately 176 persons with severe mental illness requiring permanent supportive housing. Since persons with severe mental illness are unable to work, most receive only a disability income of approximately $700 per month. Persons in this situation need housing and supportive services. Since it is near impossible to receive both on such a limited income, many people with severe mental illness end up in the hospital or on the street. Persons with HIV Infection and AIDS/Other Transmittable Diseases The State Office of AIDS estimates higher figures, but based on Census data, approximately 143 people in Encinitas have AIDS and are in need of housing assistance. There is no facility in Encinitas for persons with AIDS, but the City continually funds a residential care facility specifically for persons with AIh. Persons with Developmental Disabilities It is estimated that there are 126 people with developmental disabilities in need of housing assistance. Persons with Alcohol and Other Substance Addictions There are approximately 3 15 individuals with substance abuse problems in need of supportive housing. People in this situation may need emergency shelter and then transitional housing, before living independently in recovery. Lead-Based Paint Needs Encinitas has a rehabilitation program available to low-income owners to deal with the LBP problem. Deferred financing is available to bring uniti into conformance with the health and safety codes. Lead testing and abatement is an eligible expense within the rehabilitation program. Housing Market and Needs Analysis The City is primarily a bedroom community, with only 6 percent of developed land used for commerciallindustrial uses. The City’s residential component is 72 percent single-family, 24 percent multi- family and 3 percent mobile home. The average rent on a two bedroom apartment in North County jumped nearly 9 percent in the last year, and vacancies remain very scarce, according to a survey released by Market Profiles, a San Diego realestate research and consulting firm. The rent survey verified that average Encinitas rents are approximately 20 to 22 percent higher than the regional average. There were a total of 22,500 housing units in the City in 1995. This is expected to increase by 20 percent by 2020 to 27,057 units. The vacancy rate is continually decreasing, from 5.9 percent in 1995 to 4.6 percent in 2020, a -22 percent change. Because of the low vacancy rate and high rents, many rental assistance clients have had to lease units within subsidized complexes. These apartments have below-market rents and are required to accept Section 8 clients. There are 18 percent of the assisted households leased-up in an assistedanit. This has been useful for rental assistance clients, but significantly limits the supply of affordable rental units to low-income _I 53 Fair Housing Council of San Diego households, not receiving rental assistance. Although these units are not federally subsidized, the act of "double-dipping" is almost necessary for the success of the City's rental assistance program. Housing Needs There is a severe shortage of rental housing overall, but particularly rental housing that is priced for households at or below 50 percent of the median. Rents have soared over the last three years, increasing almost 20 percent in one year alone. In September 1999, the business Real Estate Brokerage Company reported the average rent in North County Coastal Cities was $1,222 per month, compared to the North County average of $876. Due to the City's coastal location, rent also tends to be greater than interior cities. The City has recently received 50 Section 8 Vouchers for the newly formed Encinitas Housing Authority. The City also funds a rental assistance program with Home funds. Record high rents coupled with the record low vacancy rates (currently 0.7 percent in Encinitas) virtually drive lower-income families out of Encinitas. Because of the market conditions, property owners have increased their standards for tenant selection. It is now common to pay a non-refundable fee for a credit report, or to pay to be on a waiting list. Property owners are turning people away because of the number of people in the household, pets, or the fact that they do not want to accept Section 8 Rental Assistance. Home ownership opportunities are limited for most people in Encinitas because of the high cost of housing.. The City ked Mortgage Credit Certificates to assist individuals in purchasing a home. " ___"_" - Affordable Housing A barrier to building affordable housing in Encinitas is the lack of vacant land zoned for multi-family development, as well as the cost of developing affordable housing. Land cost is high due to the coastal location of the City. The recent boom in the building industry has increased labor and materials costs. If a proposed project is able to get past these barriers, there is still the problem of community support. In general, community members usually do not support multi-family development. Citizens complain that apartments decrease housing values, attract an undesired population and increase traffic and crime. The Fair Housing Assessment has shown that housing costs in Encinitas will cause low-income minority families to have greater difficulty in purchasing homes. In addition it has been shown that the conventional loan denial rate for census tract 177.00, which has a significant number of low-income block groups and a greater concentration of minority populations, is disproportionately greater than the rest of the City. The City has provided additional affordable housing opportunities through: the allowance of accessory units in all single family residential zones; the use of CDBG funds to build a new 10 unit multifamily housing complex and to assist with the purchase of 30 units of affordable housing at risk of conversion; bond financing to preserve existing affordable housing; assistance with the purchase of four existing units to be rented as affordable housing; and the provision of HOME funding for a rental assistance program. A fast tract processing program has been established for affordable housing projects. Public Assisted Housing There is no public assisted housing in Encinitas. Employment, Education and Transportation Trends Employment Seventy-two percent of adult residents work outside of Encinitas. The City has added approximately 500,000 square feet of retail space since the Census update. The additional retail space will require service workers Analysis of 1mDediments to Fair Housing Choice for a significant number of retail employment positions. Approximately 17 percent of adults work in retail trade and about 4 percent work in agriculture. With information technology and telecommunications becoming so prevalent, there is an opportunity to provide job training in order to transition people to higher paying jobs. Education The schools in Encinitas rank generally in the 80’ and 90* percentiles, indicating strong support for education. More schools are opening as the population increases. Teens attend schools in the San Dieguito Union High District, which has rankings fitting the’99” percentile, which is tops in the state. It serves several towns and is using a lottery to determine admissions, since it is so popular because of its high scores. Encinitas Elementary district recently passed a bond to renovate its schools and wire them for high-tech purposes. Cardiff Elementary District serves one of the coastal neighborhoods and is thinking of asking voters to approve a $5 million construction bond. Transportation Since most (72%) residents work outside of Encinitas, a majority of people drive to work, usually alone, clogging up the freeways. Traffic and the cost of fuel are major transportation issues, particularly for lower- income households. Lower-income families could benefit fiom subsidized public transportation. Special- needs populations require even more services. Social Services The City funds a taxi voucher program for low-income seniors and disabled persons, greatly increasing their ability to access necessary services. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefiont. These complaints are based upon alleged differential treatment with regard to repairs and other . rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other “protected class” status. Recently, more cases .of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit(s) An audit of seven rental sites showed that there was no discrimination on the basis of race or Hispanic origin, however two sites had discrimination against children. l3 ” Taken kom City of Encinitas Fair Housing Impediments Assessment, February 1995, page 5. - 55 Fair Housing Council of San Diego Potential Impediments The following charts represent the type, number and ethnic characteristics of housing discrimination complaints filed with the FHCSD by Encinitas residents over the period of 1996 to 1999. Discrimination Complaints by Ethnicity 57% - 14% E Afiican American H Hispanic 0 Caucasian 0 Asian American H Native American II Other - African Total Other Native Asian Caucasian Hispanic American American American 5 21 1 12 3 Figures 5 and 6: Discrimination Complaints-Encinitas Discrimination Complaints by Type I Race I Religion I Color I National Origin 5 1 0 '0 - Sex 3 E Race H Religion 0 Color 0 National Origin Sex H Handicap H Familial Status 0 State 1 Handicap Total State Familial Status I I I I 13 1271 56 Analysis of Impediments to Fair Housing Choice . ...... -- --...-- ~ . ^. .... ............................................................................. ~ ~ Complaint Resolution Many of the complaints that are received over the hotline are from callers who are conhsed about their landlordtenant and fair housing rights. These complaints are resolved through telephone counseling and education or resource referral. This lack of education serves as an impediment to housing choice. Lack of pertinent information also leads to unfounded allegations of housing discrimination, in some cases. There is a great need for consumer education in both the landlordhenant and fair housing realms. The next highest number of complaints is resolved through a professionally conducted or limited telephone conciliation process. Under this process, complaint resolutions have resulted in: rescinded move notices; modifications and accommodations for disabled tenants; relief for families with children being subjected to differential policies and tenant privileges; corrections in unlawhl advertisements; and assistance to housing mobility program participants who retained housing in low poverty areas. In the San Diego region, as compared to other jurisdictions (nationally and regionally), litigation, as a response to unlawful housing discrimination, has been an “action of last resort.” Fair housing groups, located in Orange County for example, have recovered several millions of dollars in damage awards for plaintiffs, as compared to $140,000 in the San Diego region. This development is attributable to several factors. . Historically, outreach, education, industry training and collaborative efforts (early Fair Housing Task Force, Community Housing Resources Board activities) have been the primary enforcement strategies implemented in the region. Heavy emphasis has been placed upon community education with a variety of educational services becoming available in the region. In other cases, consumers elect not to pursue the claim, due to their embarrassment or their being in denial, required time commitments or lack of faith in a qui& resolution of the complaint by enforcement entities. The time has come for additional tactics aimed at fair housing compliance. Greater enforcement activity is needed. General Housing and Related Demographic Issues 0 Population is growing and will increase by 25 percent (to 70,750 persons) by the year 2020; comprised of 77 percent Caucasian, 19 percent Hispanic, 1 percent African American and 4 percent Asidother; need consumer fair housing education programs. 0 There is a concentration of a Hispanic population in census tracts representing a low-income concentration. While disparities may exist based upon income differences, attention must continue to focus on ways to address this issue of deconcentration. 0 Wide disparities that exist between income and rental housing costs constitute barriers to housing choice. 0 Rents are 20 to 22 percent higher than the regional average and present bamers to housing choice. 0 NIMBY attitudes regarding location of affordable housing projects constitute barriers, i.e. “community members commonly do not support multi-family development in general, citizens complain that apartments decrease housing values, bring in an undesired population and increase trafEc and crime ‘‘.tr 0 Limited supply of affordable housing impacts both families receiving housing assistance and also those low- income families who do not receive assistance; both groups, consequently, face barriers to housing choice. l4 City of Encinitas Consolidated Plan, page 14. 57 Fair Housing Council of San Diego ". Protected Class Issues Property owners have increased their standards for tenant selection ... turning people away based on the number of people in the household. On case-bycase analysis, these incidents may equate to unlawful housing discrimination." 2,366 family households with children are headed by a single-adult reside' in the City, Of these 75.8 percent are female-headed. This group is at risk of facing discrimination according to national and local studies as well as anecdotal reports of familial status complaints in the region. Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. Discrimination in the mortgage lending and property insurance marketplace(s) based on race and national origin (Hispanic) is documented through regional audits. This finding may effect mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly based on race and familial status. The number of reported hate crimes in the region is increasing; hate crimes involving housing civil rights and fair housing are underreported;, such crimes create barriers to housing choice. A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listinglinternet services. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. Tenants and some owners are unaware of legal differences between landlordtenant issues and fiir housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination ... The AI structure should provide for effective, ongoing relationships with all elements of the I community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent >, resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will I I 8 Is City of Encinitas Consolidated Plan, pages 5.6. a 58 Analysis of Impediments to Fair Housing Choice encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. Housing audit findings are also reliable indicators of fair housing problem areas. The jurisdiction currently uses the model of government-sponsored fair housing services where City personnel are assigned fair housing duties. A basic fair housing service program, to "affirmatively further" fair housing in a jurisdiction, should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits and/or the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints ~ "" ~ ~ __ 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction 5. The particular "protected class groups" which are most impacted, as shown by local audits or records, by any noncompliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair houshg laws change as they are interpreted by judges or as new laws and regulations are enacted Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: 0 Realtor and housing sales personnel training efforts, 0 Public cable announcements, 0 Biweekly monitoring of newspaper advertisements, 0 Affirmative Fair Housing Marketing Plan and 0 Poster contest for school-aged children. All impediments, as identified in previously completed Ais, and not covered in this process but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning, are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame: May be provided by jurisdiction under separate cover addendum 59 Fair Housing Council of San Diego Escondido This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth As recently as 1956, there were only 10,000.people residing in Escondido. However, during the 1970s and 1980s, when California was the fastest growing state in the nation, Escondido grew nearly six times as fast. For the past several decades, Escondido has been one ofthe fastest growing jurisdictions in the region. The population increased in size from 1990 to 1999 by 15.6 percent, from 108,635 to 125,597 people. Projected Population The population is expected to continue to expand. By 2020, it is expected to reach 143,228 persons, a growth of 22 percent from 1995 (1 17,525 persons). Ethnic Makeup of the Population More than half of the people ,in Escondido are Caucasian (64%), less than 1 percent are African American. Hispanics make up 30 percent of the population and Asian and other groups make up 5 percent (as of 1998). The racial and ethnic composition 'does not appear to have substantially changed since 1990. Concentrations and/or Locations of Minorities Many of the neighborhoods in Escondido are reflections of their residents, with various cultural groups living together. The majority of the City's Hispanic population is concentrated in the downtown area. There are ten block groups in Escondido that constitute a concentration of Hispanic population, and nine of these block groups are located in lower income areas. Age The median age for Escondido residents in 1990 was 31 years. This increased to 32.4 years by January of 1999. Ten percent of the population is under age five, and 12 percent is age 65 or older. Income The median household income in 1990 was $33,279, which increaked by 20.4 percent to $40,072 in 1999. Special Housing Needs Overcrowded Households An increase in overcrowding conditions in Escondido is evidenced by the increase in average household size between 1990 and 1999, from 2.73 persons to 2.95 persons. The percentage of overcrowded households in Escondido increased significantly from 3 percent to 10 percent between 1980 and 1990. Overcrowding is more prevalent among renter-households (1 7%) than among owner-households (4%). Specifically, 6 1 percent of the overcrowded renter-households were living in severely overcrowded conditions, defined as households with more than 1.5 persons per room. 60 Analysis of Impediments to Fair Housing Choice ,... , . __ _. . . . . . ~ ”” Farm Workers Escondido has a homeless population of approximately 400 urban and 500 farm workers and day laborers. These two distinct populations live and congregate in different areas, with the urban homeless having more visibility and a greater impact on available services. Projections concerning these populations and their respective subpopulations can be determined from calculating Escondido proportions of regional figures. Single Parents Single parent households can be a target of fair housing issues since such households, particularly if they are headed by a female, have been documented to generate less disposable income on average than two-parent households. Consequently, these families would be’ forced to seek cheaper housing which might be in overcrowded conditions. Within Potential Target Areas 10 percent or less of the reported families are headed by single parents, which appears to be a common trend throughout the community. Over one out of four families with children is headed by a single parent. Two out of three (64%) Escondido parents are working parents. Elderly The CHAS indicates that over 80 percent of elderly households in Escondido have low or moderate incomes. Approximately 30 percent of the City’s lower income .elderly households pay more than 50 percent of their income for housing. The health and social needs of these persons are significantly impacted when so much of their limited financial resources are expended on housing. Homeless In 1995, sixty-one percent of the estimated 4 1 1 homeless persons in Escondido were individuals in homeless families. According to RTFH estimates, the City has a homeless population of approximately 400 urban dwellers and 500 farm workers and day laborers. Ethnically, Afican Americans and Caucasians each comprise about 40 percent of the total regional urban homeless population, with Hispanics and Asians. representing 15 percent and 5 percent respectively. Persons with Disabilities Employment opportunities and services were identified as important needs for persons with disabilities. In addition, homelessness resulting from being disabled was noted as a common phenomenon. Another critical bamer to securing housing for the disabled is standard move-in requirements that specify an advance of three months’ rent. Although many disabled individuals can afford the monthly rent payments, they find it difficult to provide the advance payments required to secure an apartment or house. Persons with Physical Disabilities Of the 4,890 residents in Escondido with a physical disability (including mobility limitations and/or self-care limitations), 61.5 percent (3,005 persons) are female. Persons with Mental Illness Treatment for mental health problems continues to be a significant need in Escondido. Service providers noted that 40 to 50 new adult referrals are made to the county agency each month. Compounding the problem is the increasing number of clients who are dually diagnosed with mental illness and alcohoVdrug addictions. 61 Fair Housing Council of San Diego Persons with HIV Infection and AIDS/Other Transmittable Diseases The National Commission on AIDS states that up to one-half of all Americans with AIDS are either homeless or in imminent danger of becoming homeless due to their illness, lack of income or other resources and inadequate support networks. The Commission estimates that 15 percent of all homeless persons are infected with HIV. The North County HIV/AIDS Assessment estimates that four North County persons are currently homeless, that 19 have been without shelter in the last three years and that seven have been at risk of homelessness in the last 30 days. According to one service provider, many in this population may live with a triplediagnosis: HIV/AIDS, homelessness and substance abuse. Using this information, approximately 60 homeless people in Escondido are HIV positive and in need of supportive housing. Persons with Alcohol and Other Substance Addictions SANDAG identifies persons being released from alcohol and drug treatment centers as persons in need of supportive housing. In Escondido, this amounts to about 400 persons per year, a significant portion of which are homeless. Addiction both initiates and sustains homelessness. Lead-Based Paint Needs The City has recognized the need to develop an action plan for evaluating and reducing LBP hazards over the next five years, especially in those census tracts which evidence concentrations of documented lead poisoning.16 Housing Market and Needs Analysis The number of housing units in the City experienced a 7 percent increase from 1990 to 1999, rising from 42,040 to 44,986. This pattern is expected to continue, to a projected total of 5 1,764 units by the year 2020. Vacancy rates continue to drop. In 1995, there was a vacancy rate of 6.6 percent, in 2020, it is projected to be 15 percent lower, at 5.6 percent. Escondido offers the lowest median cost of homes in the North County area. It also has the most mobile homes. Housing Needs Housing needs were assessed by a community survey, which was broken into nine issue areas: residential rehabilitation, improved access for the disabled, residential property maintenancehde enforcement, homeownership, rental housing, homeless/transitional housing, supportive housing, lead-based paint, and energy efficiency. Survey responses suggested that the majority of residents consider all but two issue areas, lead-based paint and energy efficiency, as high priority housing needs. Accessible Housing Disabled persons face additional challenges in accessing homeless programs or services. Homeless shelters are often not accessible and vouchers may not help if access does not exist. Moreover, many programs require participation in work programs, which may not be possible for a disabled person. In 1993 and 1994, the City allocated $100,000 and $120,000 respectively in CDBG funds to modify 1 I public buildings and perform additional curb ramping in order to accommodate physically-impaired individuals in accordance with ADA mandates. However, given the time frame and insufficient funding for completing the modifications, compliance by the mandated deadline was not achieved. In January 1995, the City Council adopted a resolution stating that total compliance with the ADA by the required deadline would impose an l6 From page 65 of City of Escondido Five-Year Consolidated Plan, FY 2000 through FY 2005. 62 Analysis of Impediments to Fair Housing Choice undue financial burden on Escondido: The City committed to completing the necessary modifications as funds allowed and to seeking sources of funding in an expeditious manner. Since that time, the City has allocated $180,000 and $200,000 in CDBG and general funds respectively, to make the necessary modifications, which include updating government and park and recreational facilities, as well as a senior and arts center. .In addition, a City ADA team composed of staff from a range of City departments meets on a regular basis to discuss and prioritize projects. s I I ~ __ Affordable Housing According to the 1990 Census, housing costs in Escondido were slightly higher than the County average. The rental market exhibited a similar situation. A limited supply of ownership housing in the City was considered affordable to low-income households in 1990; approximately 20 percent of the City’s total lower-income households (owners and renters) could afford these homes. However, the actual availability of affordable ownership units is extremely limited, with only 61 units identified as vacant for-sale. Furthermore, a portion of this affordable housing stock may be currently occupied by non-low-income households. With this limited supply of vacant for sale units, many lower-income households may overextend themselves financially in order to obtain homeowners.hip. In addition, the supply of rental units affordable to extremely low- and low-income households is limited in comparison with the number of units affordable to moderate-income households. A large portion of these affordable units may be currently occupied by non-low-income households. Approximately 79 percent of the City’s lower-income renter households were paying 30 percent or more of their gross household income on housing.” Providers indicated that a lack of affordable housing is the primary factor that contributes to homelessness among the disabled. Public Assisted Housing There are no public housing projects located in Escondido. Employment, Education and Transportation Trends Employment Inland North San Diego County, of which Escondido is at the core, is emerging as a regional economic leader in the forefront of job development and new industries. Escondido has a comprehensive mix of successful business, supplying a diverse job base and high quality life. Twenty-nine percent of employees are in the retail trade, 14.1 percent in the services industry, 1 1.1 percent in manufacturing and 10 percent in health care and medicine. Education The following districts are located in Escondido: Escondido Union School District, Escondido Union High School District. Palomar College and California State University are both in nearby San Marcos. Voters in 1996 approved a M3 million bond to improve existing high schools and to build a new one, which opened in 1998 in Valley Center. ” According to the City of Escondido Five-Year Consolidated Plan, May 2000. 63 Fair Housing Council of San Diego "- Social Services EYE Counseling and Crisis Services is the primary agency providing extensive crisis intervention and case management services in the jurisdiction. The following other social service programs are available to residents: Center for Employment Training (CET), Escondido Community Health Center, Interfaith Community Services, Metro Advisory Committee, Regional Occupation Program (ROP), Salvation Army, St. Claire's Home and Service, Employment and Redevelopment (SER)/Jobs for Progress, Inc. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other "protected class" status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6th Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7th Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. The provision of landlord/tenant education services is needed to' raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigated/Other Audit(s) Heartland conducted testing of apartment complexes during the summer of 1995 to determine the status of fair housing. Matched pairs of trained testers, one African American and one Caucasian, were sent to 21 apartment complexes throughout Escondido that had advertised rental vacancies. Of the twenty-one sites visited during the first round of testing, seven sites resulted in differences in the information andor treatment received by each tester. These differences were significant enough to warrant a second round of testing. The second round showed only one instance where differences in treatment continued. (The one instance where a difference in treatment was observed is currently being retested every three months. To date, there has not been any evidence that discrimination is occurring.) Thus, 95 percent of the sites gave equivalent responses to the African American and Caucasian testers. On May 16,2000, HHRA conducted another test. This time twenty rental sites were tested using the variable of national origin (Hispanic). In the first round of testing, agents at five sites were found to treat Hispanics in a differential manner. This is 20 percent (?), which is quite an improvement of the 35 to 70 percent differential treatment in San Diego County in the past. There were three other sites where discriminatory comments were made which didn't rise to the level of differential treatment. '* Since the implementation of the Consolidated Plan of July 1, 1995, 48 complaints have been received by the City and Heartland regarding fair housing. All 48 complaints occurred in rental housing and involved complaints by an existing tenant against a landlord or manager, or complaints by an unsuccesshl applicant against a prospective landlord or manager. Of the cases, 22 involved allegations of discrimination based on '* Taken From the Summary of Results of Fair Housing Audit for the City of Escondido. published by HHRk 64 .. -. ." - " ~ ". . ... "_ . . . . __ . .. . -. Analysis of Impediments to Fair Housing __ Choice national origin or race; I5 were based on familial status allegations; 8 were based on handicapped allegations; 2 were based on age and one was classified as "other" (financial). One major case has been litigated in the jurisdiction, as follows: "Escondido" (Press Release) A handicapped Escondido woman.who was harassed by her apartment manager and the building owners over her aid dog received a $60,000 award and a guarantee of reasonable housing accommodations under a consent order signed this week. HUD, on behalf of Delores D. Roberts, ... filed charges against Gladys Purkett, the manager; W.W. Quail Creek Partners Ltd., the owner and W. Wolf Industries, the general partner. HUD alleged that they had discriminated against the tenant by attempting to evict her because of her aid dog; had interfered with her use of the dog; had charged her a "pet deposit" to keep the dog in her apartment and had harassed her about the dog!' Potential Impediments' General Housing and Related Demographic Issues A growing population; expected to expand by 22 percent by 2020; ethnic makeup is 64 percent Caucasian, 30 percent Hispanic; 1 percent African American and 5 percent AsiadOther; there is a need for fair housing education programs for consumers. Concentration of Hispanic population in downtown areas; 10 block groups in the City that constitute a concentration of Hispanic population; there is a need for more research and analysis to determine non- economic factors for concentration which may be related to housing discrimination; more anecdotal input is needed. Overcrowded conditions are more prevalent among renter households; some living in severely overcrowded conditions. Move-ins or move-outs may be effected by cases of housing discrimination. Protected Class Issues 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination, based upon national and local studies, as well as anecdotal complaints in the region. 0 One out of four families with children is headed by a 'single parent; this group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal complaints in the region. 0 Occupancy standards of one person per room may have restrictive impact for families with children or large families and create barriers to housing choice. Discrimination in the mortgage lending and property insurance marketplace(s) on the bkis of race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the region is allegedly based on race, disability, national origin, and familial status. The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. From the San Dieeo Countv Dieesf Saturday, August 4. 1990. page B8. 65 Fair Housing Council of San Diego - ”____ 0 A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. 0 Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. 0 There are also no reported allegations of “blockbusting” or “steering” violations in the jurisdiction. 0 Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. 0 There were no anecdotal accounts or allegations regarding appraisal,’ broker and multi-listinginternet services; these problems may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many applicants are unaware of their rights in these areas. More research would help to determine the nature and extent of such discrimination, if any. 0 Little information on the issue of racial credit steering is available; more research is needed. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. HHRA continues to provide services to the City to address this barrier. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that “the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results.” Accordingly, the jurisdiction’s past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially “high risk” fair housing issues. These resource documents also identify “protected class” groups who are “at risk” because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners’ insurance. The jurisdiction currently contracts with Heartland Human Relation and Fair Housing Association for the provision of fair housing services. A basic fair housing service program to “affirmatively further” fair housing in a jurisdiction should continue to provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits and/or the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint .. intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits and/or utilizing available information to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 66 . ~ . . . . .. . . . . . . . . . . - . . . . . . . . . ... d . . .- ." . ~ _" Analysis of Impediments to Fair Housing Choice 5. The particular "protected class groups" which are most effected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic information as needed. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: 0 Citywide ongoing housing programs and 0 Affordable housing and Direct Homeownership Assistance programs. All impediments as identified in previously completed AIS, and not covered in this process, but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame: May be provided by jurisdiction under separate cover addendum Fair Housing Council of San Diego ~” - La Mesa This information has been incorporated from the City’s Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Since 1990, the population has increased in size by 10.8 percent from 52,93 1 to 58,655 persons. Projected Population The population is expected to continue to grow, to 66,828 persons by 2020. This will be a 19 percent increase from 1995 (56,254 persons). Ethnic Makeup of the Population The population of La Mesa is 80 percent Caucasian, 12 percent Hispanic, 4 percent Afiican American and 4 percent Asian and other ethnic groups. Concentrations and/or Locations of Minorities Because ethnic representation is low in this community, it doesn’t take much of an increase to create a concentration. Taken together, total ethnic representation, Caucasian, Hispanic and all other Hispanic or non- Hispanic racial designations, equals 16 percent of the total population (according to 1990 Census figures). In contrast, regionwide the figures for ethnic representation is 9.4 percent for Caucasian Hispanic and 25 percent for all other Hispanic and non-Hispanic people. A census tract would have to have ethnic representation equal to at least 38 percent before the definitions of ethnic concentration based on regional ethnic representation would begin to apply. Under these regionally based parameters, there are no areas of ethnic concentration in La Mesa. Age Young children and.teens represented the smallest proportion of the total population in both 1990 and 1999. Persons between the ages of 25 and 44 represented the predominant age group. The median age was 37.8 in 1999, up from 34.9 in 1990. In addition, there is a prominent elderly population, with persons over 65 representing almost 17 percent of the total population in 1999. This indicates that more “efficiency” units for independent living may be needed. The City’s number one ranking in the percentage of people age 65 or older (1 8%) contributes to the older median age of its residents. Income The median income for a household in La Mesa was $40,933 (as of 1999), which was up 30.0 percent fiom 1990 ($3 1,484). Approximately 20.6 percent of the households in La Mesa in 1990 were within the extremely low- and very low-income levels, while 18.5 percent were within the other low-income category. Special Housing Needs .. Overcrowded Households According to the 1990 Census, 6.9 percent of the total renter occupied units in La Mesa were overcrowded, including 3.6 percent of which were considered to be severely overcrowded. The incidence of overcrowding in La Mesa in 1990 was minimal compared to the region. La Mesa also has one of the smallest household sizes in the region, with an average of 2.38 persons per household. 68 I a I 1 I a- t c U . . ~ ”. .__ . Analysis of Impediments to Fair Housing ~ ~ Choice Farm Workers Due to the urban nature of La Mesa and its surrounding communities, housing for agricultural workers is not an issue. Single Parents Single-parent families with children often require special attention due to their need for affordable childcare, health care and housing assistance. Female-headed households with children in particular tend to have lower incomes, this limiting housing availability for this group. Regionwide, 35 percent of the female-headed households lived below the poverty level in 1990. Of all households in La Mesa in 1990, an estimated 6 percent (1,444) are female-headed households with children. Of these households, 359 (25 percent) lived below the poverty level. Elderly In 1990, persons over the age of 65 made up about 18 percent of the total population. Almost half of these elderly persons were 75 years of age or older. Students The, college student population in the area is a significant factor affecting housing demand. Typically, students are low income, and are therefore effected by a lack of affordable housing. In addition, the provision of housing to recent graduates is critical to the local and regional economies. Recent graduates provide a specialized pool of skilled labor that is vital to the economy. Lack of affordable housing often leads to their departure from the region. The 1990 Census reported a college student population of 6,905 for La Mesa (1 3 percent of the population). Military The military acquired the 56-unit La Mesa Park to be used as military housing. No change in housing stock resulted from this acquisition. There are approximately 300 occupied military households in the City, a majority of which is multi-family units with five or more units. Homeless The City has a goal of coordinating services and facilities available for the homeless as a continuum of care. This is to ensure that homeless individuals and families move from homelessness to self-sufficiency, permanent housing and independent living. La Mesa has budgeted funds to finance homeless shelters for battered women and youth. In February 1999, the La Mesa Police Department conducted a count of homeless persons in the City. They found a total of 34 homeless individuals, but no information is available on the characteristics of these * individuals. In addition, many persons and families are at-risk of becoming homeless. The “at-risk” population is comprised of lower-income families and individuals who, upon loss of employment, would lose their housing and end up residing in shelters, or becoming homeless, as well as those who are currently in foster care and may become homeless when they reach the age of 18. Persons with Disabilities According to the 1990 Census, approximately 14 percent of the La Mesa population age 16 years or older reported that they had some type of mobility or self-care limitation, or work disability. . 69 Fair Housing Council of San Diego Persons with Physical Disabilities The regionally accepted proportion of the total population having an illness or impairment that impedes his or her ability to function independently is seven percent. This would equate to approximately 4,100 persons in La Mesa. This group is increasing in size due to higher longevity and advances in medicine. Persons with Mental Illness According to national estimates, approximately 1 percent of the adult population meets the definition for severe mental illness based on diagnosis, duration and disability. This would account for approximately 475 persons in La Mesa. The major barrier to decent hoeing for the seriously mentally ill is the availability of affordable housing. A substantial majority of persons in this population depends solely on Social Security Insurance payments, which hardly cover rental housing on the open market. Persons with HIV Infection and AIDS/Other Transmittable Diseases As of December 3 1, 1999, there have been 159 adult cases of AIDS recorded in La Mesa, according to the AIDS Epidemiology Unit of the San Diego County Health and Human Services Agency. The raciavethnic breakdown of these cases is as follows: 80 percent Caucasian, 8 percent Black, 11 percent Hispanic and 1 percent AsiadPacific Islander. Persons with Developmental Disabilities The Association of Retarded Citizens reports the nationally accepted percentage of the population that can be categorized as developmentally disabled is one to three percent. This would equate to approximately 587 to 1,760 persons in La Mesa. Persons with Alcohol .and Other Substance Addictions The National Institute of Alcohol Abuse and Alcoholism estimates the number of men with drinking problems (moderate or severe abuse) at 14 to 16 percent of the adult male population, and the number of women with similar problems at 6 percent. Based on the 1990 Census, this would equate to approximately 2,872 to 3,283 males and 1,23 1 females in La Mesa who may be alcohol abusers. Abusers of alcohol and other drugs have special housing needs during treatment and recovery. Group quarters typically provide an appropriate setting for treatment and recovery. Affordable rental units provide housing during the transition to a responsible lifestyle. Lead-Based Paint Needs City staff attended a three-day training session on the proper methods for recognizing potential hazards, testing procedures and abatement. The City will use this training, the information provided by the federal government on recommended methods of abatement, and the new requirements for LBP reduction to evaluate the City's Housing Rehabilitation program and consider developing a policy in the Housing Rehabilitation program that deals with the abatement of lead-based' paint. In addition to the City staff being alert for situations where lead-based paint could present a hazard, the City will continue to provide information to residents alerting them to the potential hazards associated with exposure to LBP. New requirements to protect children from lead-based paint hazards are anticipated in September 2000. The City will implement the most recent requirements regarding LBP when the new reduction requirements are enacted. 70 - .,, , , . . , . . . . . . . .. .. -. , . .- . . .. , . . . . .."._."._."".-."_~""""""..~~..__I" _" Analysis of Impediments to Fair Housing Choice Housing Market and Needs Analysis La Mesa is an older community with virtually all of its residential land already developed. Due to the scarcity of vacant land for development, housing growth has been characterized by infill development of multi-family apartments and condominiums, and to a lesser degree single-family units of underutilized parcels. In 1999, there were 24,841 housing units in the City, this was only a 2.8 percent increase over 1990 (24,154 units). In 2020 there are expected to be 28,259 units. La Mesa's current (1 999) housing stock has a relatively even split between single-family and multi-family units. Approximately 51 percent of the units are single- family attached or detached units. Multi-family units constitute about 47 percent of the housing stock, while mobile homes comprise the remaining 2 percent. The vacancy rate in 1995 was 3.8 percent, this is expected to be as low as 3.2 percent by 2020, a 16 percent decrease. This level of vacancy indicates a tight rental housing market rate, leaving little room for mobility for renters. Housing Needs Renter households are more likely to experience housing problems than owner households are. Of renter households, small family households experienced a lower percentage of housing problems compared with elderly and large family households. In comparison, elderly-owned households experienced a lower incidence of housing problems than all owner households did. The most common housing problem identified for both owner and renter households was cost burden. Accessible Housing Very few of the housing units in La Mesa's multi-family housing stock were constructed since 1991. Housing units built before that time were not mandated by Federal and State law to be fully accessible. Most of the City's multi-family housing stock was constructed based on the building code standards in effect prior to the State and Federal mandate for accessibility. The Access Center is a social service agency dedicated to serving the disabled community. In 1998, the Access Center conducted, on behalf of La Mesa, a survey of the City's multi-family housing stock. The total number of units surveyed was 1,25 1, or approximately 5 percent of the multi-family housing stock. Over 80 percent of the units surveyed were accessible through the front door. However, only 461 of the surveyed units had accessible bathrooms and none had roll-in showers to accommodate wheelchairs. The City has developed a Transition Plan which establishes a priority list of modifications necessary to bring the City's buildings into compliance with the ADA. The City continues to provide CDBG funds for improving accessibility in public buildings and facilities. The City's Handicapped Access Public Improvements Program uses CDBG funds to provide pedestrian ramps along City streets and sidewalks. Pedestrian ramps are also provided with street intersection improvement and sidewalk projects identified as City capital improvements, and as a condition of approval for land development projects. Between fiscal years 2000 and 2005, the City will also spend approximately $230,000 on ADA compliance upgrades to curbs and sidewalks, Highwood Park playground equipment and the senior center restroom. Affordable Housing The large population of persons in the 25-34 age range may indicate a continued need for affordable housing for first-time homebuyers. Both rental housing and for-sale housing are relatively more affordable in La Mesa than in other areas of the County. 71 Fair Housing Council of San Diego -____- Public Assisted Housing There is no public housing in La Mesa. Employment, Education and Transportation Trends Employment The economic base of La Mesa is predominately service-oriented, with the majority of jobs in the retail and service sectors (58 percent of the workforce). Jobs in the retail and service sectors traditionally pay lower wages than jobs in construction or manufacturing. La Mesa’s employment base is diversified. Jobs provided by a local business present a range of opportunities for job seekers possessing varying levels of experience and expertise. SANDAG has published regional data on the day and night populations of subregions within the county. This data shows that, contrary to established reputation as a bedroom community, La Mesa has a balanced day and night population profile. Although many residents leave La Mesa to work, an equal number come to La Mesa for employment. La Mesa’s jobshousing balance is relatively equal. The number and variety of jobs available in the City are a favorable match with the characteristic of the housing stock. Education In addition to several public elementary, middle and senior high schools, the elementary school district administrative ofice is located in La Mesa. There are a number of private schools for children and trade schools for adults. Recent data from the local school district shows that La Mesa’s minority population has increased since the 1990 Census. School rankings, with exceptions, are above the 50* percentile, with many in the 60*-90” percentiles. This is an indication of solid support for education. Teens attend Grossmont, Helix and Monte Vista High Schools in the Grossmont district. Transportation La Mesa is well integrated into the urban transportation network. The majority of east-west movement within and through the City is provided by interstate 8 and State Route 94. Public transportation resources include the San Diego Trolley as well as the regional and local bus systems. Due to its central location, La Mesa is easily accessible from many parts of the region. La Mesa also provides a general public demand-response transportation service within the City limits. The La Mesa Dial-A-Ride program serves an average of 100 passengers each day. Dial-A-Ride users schedule pick-ups by telephone and can get a ride between any two points in the City. The program is in full compliance with the ADA. Social Services There are ten community services funded by the Community Service Department including parks, sports, public swimming, youth classes and senior activities Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other “protected class” status. Recently, more cases of sexual harassment have emerged which involve .. pi I I I I I a 1 I 1 I B I 72 Analysis of Impediments to Fair Housing Choice various types of renters, including 'low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7 th Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit@) There is no available audit information. Between 10 and 20 calls per year to Heartland are complaints related to housing discrimination in La Mesa. The majority of discrimination complaints are related to families with children. Potential Impediments General Housing and Related Demographic Issues ._.___"_I"__""""_ ~ "I-.... The population is expected to increase to 66,828 persons by the year 2020; current population is primarily Caucasian at 80 percent, with 12 percent Hispanic, 4 percent African American and 4 percent AsidOther; this creates a need for monitoring to insure fairness of hoking opportunity for minority applicants. 6.9 percent of the total renter-occupied units are overcrowded; this condition may result in unlawful housing discrimination as well as other economic and housing availability factors. Lack of affordable housing leads to the departure of skilled workers from the area; it also constitutes a barrier to housing choice. At the request of the City, the Access Center conducted a survey of approximately 5 percent or 135 I of the City's housing stock, finding over 80 percent accessible through the front door. However, only 461 of the surveyed units had accessible bathrooms and none had roll-in showers to accommodate wheelchairs. Protected Class Issues 0 Family households with children headed by single-adult with no spouse comprised 6% of the total households; this group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. 0 Discrimination in the mortgage lending and property insurance marketplace(s) on the basis of race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). 0 Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly on the basis of race, disability, national origin, and familial status. 0 The nmber of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. 0 A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. " " 73 Fair Housing Council of San Diego Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdrction. There are also no reported allegations of “blockbusting” or “steering” violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listinginternet. services and/or industry compliance; these may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. Student population impacts housing demand; students are typically low-income; recent graduates leave the area due to lack of affordable housing oppottunities. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair ‘Housing Planning Guide, Volume 1, HUD-FHEO recognizes that “the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results.” Accordingly, the jurisdiction’s past and current Consolidated Plan, Housing Element and AI serve as excellent documents for identifying certain potentially “high risk“ fair housing issues. These resource documents also identify “protected class’’ groups who are “at risk” because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners’ insurance. The jurisdiction currently contracts with Heartland Human Relation and Fair Housing Association for the provision of fair housing services. A basic fair housing service program to affirmatively further fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers and owners. Educational services should be directly related to the findings of audits and/or the frequency and nature of complaints received in the jurisdiction 2. Training assistance for housing industry professionals; this training may be available through many local programs provided by industry associations or fair housing agencies 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction 74 __. .” ~ .. .. Analysis of lmpediments to Fair Housing Choice 5. The particular “protected class groups” which are most impacted, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact where fair housing issues are concerned, (as with public housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive fair housing training and periodic updates. 7. It is further recommended that all programs that lend support to the achievement of fair housing goals be continued. Examples of these programs, and the City department responsible for implementation, include: Create a relatively equal jobshousing balance by providing opportunities for both housing and economic development activities (Community Development Department); Ensure that a broad range of housing types are provided to meet the needs of the existing and future residents through established housing programs (Housing and Redevelopment Division); Ensure that housing is maintained and preserved through the Housing Rehabilitation Program (Housing and Redevelopment Division); Increase opportunities for home ownership through assistance to first-time homebuyers (Housing and Redevelopment Division); Ensure the availability of housing-related Services for special needs populations and promote fair housing through ongoing partnerships with social service agencies (Housing and Redevelopment Division); Maintain and enhance the quality of existing residential neighborhoods through a focus on revitalization activities (Community Development Department). Further, impediments which are deemed regional in nature and which require regional planning are outlined . in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame: Continuing effort through the next five years and beyond " Fair Housing Council of San Diego "- ". National City This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth From 1990 to 1999, the. population grew by only 1.3 percent from 54,249 to 54,961 persons. National City had the lowest growth rate over the last nine years over any of the other jurisdictions in the region. Projected Population The population in 2020 is projected to reach 58,977 persons, which is only a 9 percent increase from 1995 (54,120 persons). Ethnic Makeup of the Population National City is the most ethnically diverse city in San Diego County. It is the only jurisdiction with a majority Hispanic population (56%). The rest of the population consists of 19 percent Caucasian (non- Hispanic) persons, 7 percent African American persons and 18 percent Asian and Other ethnic groups. Concentrations and/or Locations of Minorities Eleven of National City's eighteen census tracts (roughly 61 percent) contain concentrations of minorities greater than forty percent. Of these, six are in excess of 85 percent. Age National City has the youngest population of any jurisdiction in the region. The median age in 1998 was 25.8, more than seven years younger than the median age for the region, and 2 years younger than the next youngest jurisdiction. Income The median household income for National City was $29,389 in 1999, which was a 30.7 increase over the 1990 figures of $22,486. Special Housing Needs Overcrowded Households According to the 1990 Census, 28 percent of all occupied housing units in National City were overcrowded. Of all owner-occupied units, 18 percent are said to be overcrowded, including 9 percent that were severely overcrowded. The percentage of overcrowded renter-occupied units was higher at 35 percent, including 21 percent which were severely overcrowded. National City has one of the largest household sizes in the region, with an average of 3.34 persons per household. Data on current conditions of overcrowding is not available; however, based on the increase in household size reflected by 1999 estimates, it is likely that these conditions have slightly worsened. . . Farm Workers Of the 100 homeless persons in the City, 75 percent were considered day laborers, on the other hand, according to the Draft Regional Housing Needs Statement, only two persons living in households worked in agriculture in 1995. This is not a significant portion of the City's workforce or household population. I I f 8 I 76 Analysis of Impediments to Fair Housing Choice ~ ~ ... .- .. . .. .. . ... Single Parents According to the 1990 Census, 18 percent of households are headed by single parents. Of these, 81 percent were female-headed. More than half of the female-headed households lived below the poverty line in 1990. Elderly Slightly over 9 percent of the population are age 65 and older, according to.the 1990 Census. Nearly half of all these elderly persons were 75 years of age or over. The City has proportionately fewer elderly than other cities in San Diego County, ranking the second lowest in the region for percentage of population over 64 years of age. Students The college student population in the area is another significant factor affecting housing demand. The 1990 Census reported a college student population as 6 percent of the population or 3,463 citizens. The new, expanded National City Education Village will include Southwestern College (SWC), San Diego State University (SDSU), University of California San Diego Extension (UCSD) and the San Diego County Office of Education (SDCOE). This facility, which will be operated by SWC and SDCOE, will run diverse education programs. It will'also offer expended employment training opportunities for residents. Military Military personnel made up 8.65 percent of the total population in 1995, with 4,682 persons. This is projected to increase by only 4 percent by 2020 to 4,871 persons. Of the total employees in the City (26,462 persons), 17.5 percent are military personnel (4,618 persons). This figure is not expected to change between now and 2020. Although a large percentage of the City's workforce is employed by the military, no military housing is provided in the City. According to the Regional Housing Needs Statement, 3,391 military personnel resided in group quarters on ships in 1998. This is a decrease from the 1990 population of 5,897 iiving in group quarters. This decrease is more likely related to some of the ships being out at sea at the time of the estimate rather than due to military downsizing, as National City's naval base has not yet been substantially affected by military downsizing and no base closure activity has occurred. Homeless An estimated 100 persons were homeless in 1999. Of these, 25 percent were considered urban homeless. Nearly 50 percent of the homeless persons in the region are estimated to have substance abuse problems; while approximately 40 percent are mentally ill. Additionally, nearly 40 percent of women heading homeless families are victims of domestic violence. In addition to those that are currently homeless, there are families at risk of becoming homeless. These include extremely low-income families and those receiving public assistance. Termination of employment or public subsidies would likely render these families homeless. As of 1998, 6,029 persons in National City, or approximately 11 percent of the population, received aid from Temporary Assistance to Needy Families (TANF). National City contributes toward domestic violence and winter shelter voucher programs. Homeless shelter facilities are limited in National City, and the City primarily refers homeless people to shelters in downtown San Diego, mostly to the St. Vincent de Paul Joan Kroc Village with 160 beds. The City also works with the San Diego County Continuum of Care for the Homeless in order to address homeless issues in the area through the continuum of care model. .- " __"" 77 Fair Housing Council of San Diego " Persons with Disabilities Approximately 13 percent of the population 16 years of age or older had some type of mobility or self-care limitation, or work disability (according to the 1990 Census). Persons with Physical Disabilities Sixty percent of the 3,305 residents in National City with a physical disability (including a mobility limitation and/or a self-care limitation) are female according to the 1990 Census. Persons with Mental Illness According to national estimates, approximately one percent of the adult population meets the definition of severe mental illness based on diagnosis, duration and disability. Using this general estimate, approximately 350 adults may be developmentally ill. Persons with HIV Infection and AIDS/Other Transmittable Diseases According to the statistics provided by the AIDS Epidemiology Unit of the San Diego County Health and Human Services Agency, cumulatively through December 3 1, 19999, there have been 13 1 adult AIDS cases recorded in National City. The racial/ethnic breakdown of these cases is as follows: 27 percent Caucasian, 53 percent Hispanic, 13 percent African American and 7 percent Asian. The County recorded a case fatality rate of approximately 56 percent in National City, leaving approximately 58 persons currently living with HIV/AIDS. Most available HIV/AIDS planning documents have not attempted to estimate or project housing needs. Several reports, however, have estimated that 5 percent of all people with HIV infection may need 90 days of temporary shelter during the course of a year, and that 5 percent of persons with AIDS need group home or long-term residential placement of up to 12 months. Using estimated proportions provided by the County Department of Health Services (DHS) if can be generally estimated that 38 of the 58 AIDS patients in National City would require affordable housing assistance. Persons with Developmental Disabilities ' The Association of Retarded Citizens reports the nationally accepted percentage of the population that can be categorized as developmentally disabled is one to three percent. This would equate to approximately 500 to 1,600 persons in National City. Persons with Alcohol and Other Substance Addictions The National Institute of Alcohol Abuse and Alcoholism estimates the number of men with drinking problems (moderate or severe abuse) at 14 to 16 percent of the adult male population, and the number of women with similar problems at 6 percent. Thus, an estimated 2,900 to 3,300 men and 1,100 women in National City may be alcohol abusers. Lead-Based Paint Needs Approximately 59 percent of the City's total housing stock may potentially contain LBP. The City staff, recently trained in a lead-based paint workshop, will implement the most recent requirements regarding lead- based paint. The City continues to work with the Metropolitan Area Advisory Committee (MAAC) to provide for protection or removal of lead-based paint. Additionally, abatement of LBP is an eligible activity under the City's rehabilitation programs. Brochures regarding lead hazards are available at City Hall. " a 78 R Y I I I 8 I I a e . . . . , . . ... . ._ , . .- . . . . . ._ ... . . ~ _. "._"""""-."I__"_ Analysis of Impediments to Fair Housing Choice Housing Market and Needs Analysis In 1999, there were 15,482 housing units in the City. This was only a 1.6 percent increase over the number of units in 1990 (15,243). The vacancy rate will continue to fall, and could get as low as 2.4 percent by 2020, which would be a 23 percent drop from 1995 (3.1%). The City is an older community with virtually all of its residential land already developed. A total of six multi-family complexes with more than 100 units can be found in National City (according to ReufFacts). The majority of rental housing units available are one- and two-bedroom units. The average rent for a one-bedroom unit ranges from $435 to $498. Between 1990 and 1999, housing growth in National City has been primarily characterized by infill development of multi-family housing of five units or more and single familydetached units. Nearly half of the housing is multi-family housing. Based on building record search, 32 single-family homes were constructed between 1995 and 1999, of which 18 were CDC-assisted. In addition, the CDC assisted in the development of the 76-unit senior housing project for very low-income seniors, which was completed in 1995. Thus, a total of 108 housing units have been constructed in the Project Area since 1995. Housing Needs Assuring the availability of adequate housing for all social and economic sectors of the City's present and hture populations is a primary goal of the City. In order to implement this policy, the City must target its monetary assistance and its programs toward those households needed in National City and will serve as a guide for expenditure of redevelopment housing funds. Affordable Housing As an older built-out community, the City's priority housing goal is to preserve the existing housing stock and , to avoid a degree of physical decline that will require a larger rehabilitation effort to restore quality and value. Given the large proportion of lower income households in the City, conservation of affordable housing units in the community is important to maintain adequate housing opportunities for all residents. Between July 1, 1999 and June 30,2009, three federally assisted housing projects in National City are at risk of converting to market rate housing. A total of 614 units in the Granger Apartments, Inter City Manor and Plaza Manor are deed-restricted to remain as affordable housing and maintain Section 8 contracts with HUD. Potential phasing out of the Section 8 program may trigger the conversion of the 614 units into market rate housing. The property owners may also prepay their remaining HUD-insured loans and terminate their deed restrictions as low-income housing. Public Assisted Housing There is no public housing in National City. Employment, Education and Transportation Trends Education National School District is a pre-school through sixth grade district, with a student population of 6,000, a staff of 580, and an operating yearly budget of approximately $23 million. The district has a rich history, reaching back some 120 years, making it one of the oldest school districts in the County. Student population reflects the diverse multi-cultural local community. Sweetwater Union High School opened in 19 17 and graduated its first class in 1920. It is a comprehensive, four-year public high school with a total enrollment of 2,300. Developed in 1934, National City Adult School began with night classes to help improve the lives of adults in ' 79 __I_ Fair Housing Council of San Diego the community. Today the curriculum is nationally accredited and meets the challenges of illiteracy, limited English proficiency and unemployment. In addition, National City provides special programs for senior citizens, handicapped individuals, welfare recipients and high-risk youth. The City is currently reviewing a proposal for the expansion of the existing National City Higher Education Center to serve a maximum enrollment of between 7,000 and 10,000 students. The expansion of this Education Center would increase access to higher education and job training resources within National City. The City may pursue Section I08 loans to assist in the expansion of the Higher Education Center. Employment The economic base in National City is predominately setvice and retail trade oriented. Compared to the County, National City has a larger proportion of retail and service oriented jobs. These jobs tend to pay lower wages than other industries, generating a demand for affordable housing. A total of 24 major employers were identified in National City (in 1996), including Paradise Valley Hospital (900 employees), large retail stores at Plaza Bonita, car dealerships, City Hall and other enterprises. In addition, many local, county, state and federal job training programs are available to National City residents, including Job Training Partnership Act (JTPA), Clerical Cluster Training offered by the Metropolitan Area Advisory Committee Project., the State Employment Development -Department (EDD) and the Employment Training Panel (ETP) of the State Trade and Commerce Agency. Economic training is an integral component of economic development and anti-poverty strategies. The City hnds various employment training organizations, which support the admission and retention of under- represented groups that have limited access to education. Transportation National City Transit provides public bus service. It operates four bus routes (601, 602, 603 and 604), with frequent service (usually every thirty minuets, including rush hours) and connections to the San Diego and Chula Vista transit systems. Most of the job centers and residential areas in the City are within a convenient . distance to public transit. -____ Social Services According to the National City Police Department, there were a total of 660 juvenile arrests made in 1999; of these arrests, nearly 40 percent were felonies. The need for youth programs and services in National City was frequently listed as a high need in the Community Development Needs Survey by City residents, especially for at-risk youths. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other “protected class” status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3d. 1004. 80 ~ __ Analysis of - Impediments to Fair Housing Choice General confksion exists among consumers and owners as to the legal differences between landlordhenant matters and housing discrimination rights violations. Strong funded landlordhenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit(s) There is no available audit information. Fair Housing Counseling was ranked as the lowest unmet need in the Community Development Needs Survey; however, the provision of fair housing services is mandated by HUD. One major case has been litigated in the jurisdiction, as follows "National Discrimination Case Settles for Record S85,OOO" (Press Release) Federal Judge Napoleon A. Jones recently signed a consent decree which is believed to be the largest fair housing settlement in San Diego County history. The $85,000 settlement resolved a suit filed in July of 1993, alleging that the owners and operators of the complex violated the Fair Housing Act. The suit alleged that the 150-unit complex engaged in systematic discrimination against Hispanic persomM Potential Impediments The following charts represent the type, number and ethnic characteristics of housing discrimination complaints filed with the FHCSD by National City Residents for the period of 1996 to 1999. Discrimination Conplaints by Ethnicity 1 6% Hispanic 0 Caucasian 2 % 0% Native American 11% OAsian American 7 1 % Other African Total Other Native Asian Caucasian Hispanic American American American 6 .. 55 0 0 1 9 39 Figures 7 and 8: Discrimination Complaints-National City 20 Taken Ern the La Prensa San Diego, April 7,1995, page 3. 81 Fair Housing Council of San Diego Discrimination Complaints by Type 11% 2 Yo Ip Race Religion 0 Color ONational Ongm Sex Handicap Familial Status State Race Total State Familial Handicap Sex National Color Religion Origin status 9 56 2 32 6 1 6 0 0 Complaint Resolution Many of the complaints that are received over the hotline are from callers who are conhed about their landlordtenant and fair housing rights. These complaints are resolved through telephone counseling and education or resource referral. This lack of education serves as an impediment housing choice. Lack of pertinent information also leads to unfounded allegations of housing discrimination, in some cases. There is a great need for consumer education in both the landlordtenant and fair housing realms. The next highest number of complaints is resolved through a professionally conducted or limited telephone conciliation process. Under this process, complaint resolutions have resulted in: rescinded move notices; modifications and accommodations for disabled tenants; relief for families with children being subjected to differential policies and tenant privileges; corrections in unlawful advertisements; and assistance to housing mobility program participants who retained housing in low poverty areas. In the San Diego region, as compared to other jurisdictions, nationally and regionally, litigation, as a response to unlawful housing discrimination, has been an “action of last resort.” Fair housing groups located in Orange County, for example have recovered several millions of dollars in damage awards for plaintiffs, compared to $140,000 in the San Diego region. This development is attributable to several factors. Historically, outreach, education, industry training and collaborative efforts (early Fair Housing Task Force, Community Housing Resources Board activities) have been the primary enforcement strategies implemented in the region. Heavy emphasis has been placed upon community education with a variety of educational services becoming available in the region. In other cases, consumers elect not to pursue the claim, due to their embarrassment or their being in denial, required time commitments or lack of faith in a quick resolution of the complaint by enforcement entities. There is a need for additional tactics aimed at fair housing compliance. Greater enforcement activity is also needed a2 P) 1 m I I 1. a I I 1 I 1 1 I _..._._ ”“ ~ I__ . .. . - .... ” ~ __ Analysis of Impediments to Fair Housing Choice General Housing and Related Demographic Issues National City has the lowest growth rate of population of any of the jurisdictions in the County; it is also the only jurisdiction with a majority population (56%) Hispanic; it is the most ethnically diverse, and in need of strong bilingual consumer fair housing education programs. Eleven of eighteen census tracts’ contain concentrations of minority greater than 40 percent. Efforts are needed to bring about deconcentration over time. 28 percent of all qccupied housing units were overcrowded; overcrowded conditions may be related to housing discrimination The City has one of the largest household sizes in the region, which indicates a large number of families with children; this group is among the top four groups of “protected class” groups who are discriminated against. Protected Class Issues 0 Family households with children headed by single-adult with no spouse comprised 18% of the total households, of whom 81 percent are female-headed; this group is “at risk” of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. Approximately 13 percent of the population that is 16 years or older had some type of disability; this group is “at risk” of facing discrimination based upon national and local studies, as well as anecdotal reports of disability-related complaints in the region. Student housing needs may present future fhir housing concerns; students currently account for 6 percent of the population; an expansion of educational services is, expected through the National City Educational Center. Discrimination in the mortgage lending and property insurance marketplace(s) based on race and national origin (Hispanic) is documented through regional audits. This finding may effect mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly based on race, disability, national origin, and familial status. The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. A growing number of reported complaints of housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of “blockbusting” or “steering” violations in the jurisdiction. Research revealed no allegation or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listindinternet services and/or industry compliance with fair housing; these may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. Tenants, and some owners, are unaware of legal differences between l&dlord/knant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. - 83 - Fair Housing Council of San Diego .- Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected c1ass" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently contracts with FHCSD for the provision of fair housing services. A basic fair housing service program to "affirmatively fixther" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits and/or the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular "protected class groups" which are most effected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: Preservation and maintenance of existing housing; Home Improvement Loan Programs; 0 Conservation of affordable units at risk of converting to market rate; First Time Homebuyer Assistance Program and Acquisition, rehabilitation and new construction of affordable housing. 84 Analysis of Impediments to Fair Housing Choice All impediments, as identified in previously completed AIS, and not covered in this process but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing .. ". .. . . -. - ~" . ... . . - ~ plan. Time Frame On an annual and continuing basis, the City will contract with a non-profit agency for the provision of basic services as outlined at Appendix M. The objectives, goals, and measurable expected outcomes are also outlined at Appendix M. The basic components of fair housing program services will be, minimally: s Diverse community outreach and public education services (ongoing) s Intake, investigation and resolution (through enforcement referrals) of bona fide housing discrimination complaints (ongoing) s Maintenance of records of all activities undertaken to address and remove the impediments identified under the Regional AI (ongoing). s Through ongoing linkages with enforcement entities and regionahational advocacy groups, foster and support of the general coordination of federal, state and local fair housing laws in the jurisdiction Reports of activities and other progress made toward the removal of fair housing baniers will be compiled and submitted to the jurisdiction (quarterly). Highlights of fair housing achievements will be included as part of the performance report required by the Consolidated Plan regulation (24 CFR 91.520(a)). As funding permits, housing audits will be conducted to fiuther identify issues, trends and characteristics of . continuing discrimination violations, especially in the categories of sexual harassment, disability, familial status, race/ethnicity and broker/multiple listing services.. Property insurance and hate crime violations are underreported. Efforts should continue to educate the public about fair housing legal requirements in these areas. The individuals, groups and organizations that will be involved in the carrying out of a fair housing action plan are very broad. Community-based agencies, housing industry groups, lending and insurance professionals, civic organizations, government departments (i.e. housing development) and officials, and fair housing advocates will be among the entities called upon in the implementation of a fair housing action plan. At the end of the first year after implementation of the FHP process, the jurisdiction will submit to HUD: a summary of the AI, actions taken the previous year and an analysis of the impact. As part of the jurisdiction's annual performance report for its Consolidated Plan, the jurisdiction will report on its action to affirmatively Mer fair housing. The jurisdiction will provide a summary of its AI and a description of the actions taken during the past program year, along with an analysis of the impact of the actions (per FHPG). ” Fair Housing Council of San Diego - Oceanside This information has been incorporated from the City’s Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Since 1990, the City of Oceanside has experienced a population growth rate of 23 percent, second only to the City of San Marcos and nearly twice the growth rate of the San Diego region. By 1998, Oceanside had 153,869 residents, making it the fourth largest city in the San Diego region. Projected Population By 2020, it is expected to reach 202,592, which will be a 39 percent increase. Ethnic Makeup of the Population The ethnic breakdown of Oceanside is as follows: 57 percent Caucasian, 28 percent Hispanic, 8 percent Black and 7 percent Asidother ethnic groups. Concentrations and/or Locations of Minorities Of its 2 1 census tracts, only 10 have concentrations of forty percent or more, and only one tract has a concentration of more than 85 percent. Age The median age increased by 1.6 years from 1990 to 1999, from 30.7 to 32.3 years of age. This increase is consistent with state and nationwide trends, and can be attributed to the aging of the “baby boom” generation. Almost half (46%) of the residents in Oceanside are over the age of 35. Income The median income as of January 1, 1999 was $41,035, up 21.3 percent from 1990 ($33,830). In 1990, approximately 45 percent of households in Oceanside were paying over 30 percent of their income toward housing costs. Renters (54%) are more likely to overpay than owners (37%) are. Special Housing Needs Overcrowded Households About 10 percent (4,492 housing units) of the total occupied units in the City are defined as overcrowded, slightly higher than the region as a whole. Home ownership rates are much lower for overcrowded households in both Oceanside and the region. Farm Workers The City’s Housing Department believes that there may be between 1,000 and 3,000 homeless farmworkers and day laborers residing in the City. The housing needs of farm workers are frequently overlooked due to both the migratory nature of farm labor and the substantial number of undocumented immigrants performing agriculture-related activities. Farm workers’ needs are also difficult to quantify due to their fear of job loss and the fear of authority, which lead them to try to remain invisible. Thus, farm workers are given low priority when addressing housing needs, and often receive the least hospitable housing. , In 1995, approximately 1,080 Oceanside residents were employed in either agriculture, forestry, fishing or mining, accounting for more than 34 percent of total employment in the CiG. While these indicators do not m 1 1 I I B I 1 1 I I 1 8 1 1 86 . - .. . -. .. . . . . . . .- " ~ . . . - .. ... .. . - . . . . . . ... ~ _"____ ~ Analysis of Impediments to Fair Housing Choice directly measure farm worker population (or the housing needs of farmworkers), they do suggest the need for farm worker housing in Oceanside. Single Parents About one in four (25%) families in Oceanside are headed by a single parent. The majority (76 percent) are female-headed households. About 28 percent of single parent households lived below the poverty level, about one percent more than non-single parent households. However, nearly 32 percent of single parent households with a female head lived below the poverty level, compared to 16 person of male single parent households. Elderly Oceanside had the third highest percentage, in 1998, of elderly persons in the North County coastal area. Approximately 13 percent of residents were age 65 and over, compared to 12 percent regionwide. Of the 19,573 elderly persons in the City, 53 percent were age 75 and over. In 1989, householders over the age of 65 in Oceanside tended to have higher median incomes than those regionwide. Approximately 59 percent of elderly residents had incomes between $15,000 to $49,999, compared to 50 percent regionwide. Only about 5 percent of the elderly live below the poverty line. In Oceanside, 83 percent of householders age 65 and older owned their own homes, compared to 5 1 percent of householders age 15-64. Students Oceanside does not have a major university located within its boundaries. The largest college in the city is Mira Costa College (Oceanside Campus) with an enrollment of approximately 9,020 students in the fall of 1998. Although the college does not provide housing, it provides listings of affordable housing opportunities with the.City. Military The military population's influence on the demand for housing takes two forms: existing military households trying to find housing and former military households looking for housing. Often the housing needs of military personnel are affected by lower incomes and. an uncertain length of residency. Because Camp Pendleton3s in such close proximity to Oceanside, there is an increased demand for affordable housing within the City as the Base does not provide housing for all enlisted personnel. In 1998, there was sufficient on-base housing for only 29 percent of the 21,342 households. There is no off-Base military housing located within the City. Homeless The RTFH estimates that there were 1,300 homeless persons in Oceanside in 1998. Oceanside, in 1998, was providing shelter to 400 (3 1%) homeless persons. Oceanside leads the response to homelessness in North County, funding a variety of homeless programs, including transitional shelter for families with children and youth on their own. The City's budget for homelessness this year is $5 12,820. Persons with Disabilities Four hctors-affordability, design, location and discrimination-significantly limit the supply of housing needs for persons with disabilities. It can be estimated that approximately 15,386 residents (20%) of Oceanside had some sort of severe disability in 1998, based on national percentages. The California Right to Housing Campaign estimates that 15 percent of persons with disabilities in the State of California were living below the poverty level in 1988. 87 Fair Housing Council of San Dieeo Housing advocacy groups report that people with disabilities are often the victims of discrimination in the home buying market. People with disabilities, whether they work or receive disability income, are often perceived to be a greater financial risk than persons without disabilities with identical income amounts. The nonprofit National Home of Your Own Alliance estimates that only 2 percent of the population with disabilities own their own home compared to the overall homeownership rate of 66 percent. Persons with Physical Disabilities There are 5,73 1 persons in Oceanside with a physical disability, according to the 1990 Census. Of these, 60 percent are females. Persons with HIV Infection and AIDS/Other Transmittable Diseases The City, using HOME funds, in conjunction with the Community Development Corporation, developed a 22-unit AIDS housing project (Marisol Apartments). Facilities, available regionally, include residential units for persons with AIDS (5 units containing 50 beds), six hospices, one skilled nursing facility, two resource centers and eleven health centers. Lead-Based Paint Needs The City places a high priority on addressing lead-based paint hazards. Code enforcement will continue to . identify LBP hazards as part of their ongoing code enforcement activities. The Building Department will continue to be alert to units that may contain lead-based paint. Housing Market and Needs Analysis In 1999, there were 58,082 total housing units, of which roughly 63 percent were single family homes. The vacancy rate is extremely low (less than one percent), and is expected to continue to decline, while the number of housing units will only increase by 33 percent as the population increases by 39 percent by the year 2020. Housing Needs According to SANDAG's Preliminary 2020 Cities/County Forecast, Oceanside is expected to gain 30,269 new residents and 9,837 new households between 1998 and 2005. Accessible Housing The most obvious housing need for persons with disabilities is housing that is adapted to their needs. Most single family homes are inaccessible to people with mobility and sensory limitations. Housing may not be adaptable to widened doorways and hallways, access ramps, larger bathrooms, lowered countertops and other features necessary for accessibility. Affordable Housing There are currently 1,13 1 households receiving housing assistance in Oceanside, and 260 units administered for other PHAs. The Section 8 waiting list is currently comprised of 4,000 applicants. An additional 968 households are assisted through other federal, state and local housing programs such as Section 202,236, tax- exempt mortgage revenue bonds, deed-restricted density bonus projects, "silent second" first time homebuyer loans and mortgage credit certificates. 1 1 1 I I B I I 1 88 -. . . " ._ ... , .. . - . - ." . . . . ~ ~ Analysis of Impediments to Fair Housing Choice Public Assisted Housing The City of Oceanside has no public-assisted housing. Employment, Education and Transportation Trends Employment In Oceanside, employment increased by 8 percent between 1990 and 1995. The majority of residents 'were employed in either retail trade or services. This is significant because jobs in these industries are often part- time and/or low wage opportunities. Education School rankings for the City of Oceanside bounce from low to high. Most children attend schools in the Oceanside District, but some go to the Carlsbad and Vista school districts. More schools are opened as new tracts come in but the district has suffered from overcrowding. There are at least four private schools. Transportation Because of the increase in the economic base, employment levels and physical separation of housing and.. employment sites, the number of people commuting to work has increased. In 1990, 72 percent of residents drove alone to work. Approximately 17 percent carpooled, 2 percent walked and 4 percent used some form of public transportation. With the introduction of the Coaster, a commuter rail service, and the Metrolink, a Southern California rail system, and a new light rail service between Oceanside and Escondido, the percent of residents using public transportation can be expected to increase. Social Services Services are available regionwide through the County Mental Health Services (SDMHS) and its contracting agencies. The United Cerebral Palsy Association of San Diego County provides communication training, prevocational testing and training and social and recreational activities for developmentally disabled persons. Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other "protected class" status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6th Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7 th Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit@) The City of Oceanside conducted its first 'fair housing audit' of apartment rental practices in 1990, testing for evidence of disparate treatment of African American and Caucasian prospective tenants. The results of that study Fair Housing Council of San Diego "" were reported in An Analvsis of Impediments to Fair Housinn Choice February 1996. The study revealed disparate treatment in only one of six tests conducted. However, the small sample size limited the reliability of the findings, and . similar studies conducted in San Diego had found much higher rates of disparate treatment. In addition, anecdotal evidence suggested a greater problem in Oceanside as well. As a result, confidence in the findings of this initial study was not high. The City retained a consultant ('Consultant ') to conduct its next fair housing audit, in May/June 1997. This study was described in the Housina Audit Reoort for the City of Oceanside June 1997. Twelve tests were conducted this time, and in addition to black-white comparisons, Hispanic-white comparisons were made as disparate treatment of prospective tenants was found in nine of the twelve tests conducted. In five of those nine tests, the evidence was judged by the Consultant to be 'significant and clear'; in the remaining four, the evidence suggested 'possible or minor' disparate treatment. These findings were similar to those reported for San Diego? From June 1997 to April 2000, the City received 14 discrimination complaints. Of these, two were based on national origin; one on gender; two on familial status; two were accessibility-related; and eight were based on race/color. I Potential Impediments General Housing and Related Demographic Issues Growth rate of 23 percent since 1990, second only to San Marcos, and expected to increase by 39 percent by 2020; Ethnic breakdown as follows: 57 percent Caucasian; 28 percent Hispanic; 8 percent Afiican American and 7 percent AsidOther; large military population. There is a related need for strong consumer fair housing education programs for housing consumers. 10 of 2 1 census tracts have concentrations of minorities of 40 percent or more; need to examine underlying reasons to measure discrimination issues, if any. Renters are more likely to overpay in rents than owners are; this operates as a barrier to housing choice. Farm workers face issues of the need to remain invisible and "often receive the least hospitable housing"; need fiuther implementation of regional planning and solutions. Protected Class Issues Family households with children headed by single-adult with no spouse comprised 25% of the total households, of which 76 percent are female-headed households; 32 percent of these families live below the poverty line; this group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. Discrimination in the mortgage lending and property insurance marketplace(s) on the basis of race and national origin (Hispanic) is documented through regional audits. This finding may effect mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly based on race, disability, national origin, and familial status. An overly restrictive definition of overcrowding may pose housing choice issues. 22 Fair Housing Reportfor the Civ of Oceanside June 30, 1998; prepared by Judith S. Mcllwee, P&D. Behavioral Sciences Dept., MiraCosta College, Oceanside, CA 90 , ". . ." -_ Analysis of Impediments to Fair Housing Choice The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the I"D Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. Appraisal, broker and multi-listinghntemet services andor industry compliance with fair housing regulations are underreported It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. The presence of a military population creates increased demands for housing in the jurisdiction.. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barriet to housing choice. ~ _.. .- Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination ... The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent . resource documents for identifying certain potentially "high risk'' fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently uses the model of government-sponsored fair housing services where City personnel are assigned fair housing duties. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits andor the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake and enforcement referrals for all complaints. .___- " 91 Fair Housing Council of San Diego 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular “protected class groups” which are most effected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is fiuther recommended that all programs, projects and plans which have relevance or Iend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: 0 New construction involving Housing Revenue Bonds, Low Income Tax Credits and others; 0 Revision of density bonus ordinance to facilitate higher density development in zones designated for lower densities; the new ordinance will have an unlimited maximum density that can be granted; 0 Encourage development of a variety of types of housing for meeting the needs of large families, et a1 and Inclusionary Ordinance. All impediments, as identified in previously completed AIS and not covered in this process, but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will effect or be reflected in the City to some degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. City Plans and Assistance to Remedy Discriminatory Fair Housing Choice The City has maintained a fair housing component of its Housing and Neighborhood Services department since 1978. City staff receives resident complaints regarding fair housing choice. Staff members inform complainants of their rights and refer them to the proper fair housing agencies (DFEH and HUD). In cases where the complainants require help, City staff will assist in filling out HUD form 903. Programs and Activities under the Fair Housing Program The following annual activities are targeted to help low- and moderate-income families to secure decent, safe and sanitary housing in areas in which they choose to live. A disproportionate number of low- and moderate-income families are of ethnic minorities or fiom protected classes. These housing assistance programs, by their implementation, will assist in providing fair housing choice. Remedies The City will strive to produce opportunities for decent and affordable housing in a high quality environment . for all Oceanside citizens. The City will ensure that housing is developed in areas with adequate access to employment opportunities, .. community facilities, public services and transportation. 92 Analysis of Impediments to Fair Housing Choice __ ~ ~ .~ 0 The City will encourage development of a variety of housing opportunities, with special emphasis on providing: a broad range of housing types, with vaned levels of amenities and number of bedrooms; sufficient rental stock for all segments of the community, including families with children; and housing which meets the special needs of the elderly and the disabled. 0 The City intends to continue to provide a broad array of programs to address the housing needs of its existing and projected population. Although these programs respond to the housing needs of all economic segments of the community's population, emphasis has been given to the needs of the very low-, low-, and moderate- income households. Other Resources to Assist in Fair Housing Choice Oceanside Housing Commission: The primary advisory Commission to the City Council on housing matters is the Housing Commission. This Commission consists of nine regular members and one altemate comprised of private citizens. They have regular meetings once a month and make policy recommendations to the City CounciVCommunity Development Commission. This Commission seeks to amend City policy, provide incentives and increase opportunities for low-income housing opportunities. Consultants addressing the Commission have provided plans to help low-income families to become homebuyers though credit enhancement methods and counseling. Oceanside Communitv Development Commission: This Commission, though comprised of the same indieduals that are on the City Council, is a separate legal entity fiom the City of Oceanside City Council. It serves as both the Public Housing Agency and the Redevelopment Agency for the City. This commission administrates Oceanside's Redevelopment Agency and acts as Oceanside's Public Housing Authority (for example, the Section 8 certificatdvowher programs). Citv of Oceanside Redevelopment Department : This Department is responsible for collecting the "20% Set -aside" of the funds provided by Tax Increment funding, for lower-income housing. The Housing Department will work with the Redevelopment Department during the period of the Analysis to develop a spending plan for funds accruing to the 20% Set-aside. Citv of Oceanside Housing and Neighborhood Services Dement: The Housing and Neighborhood Services Department consists of a staff of thirty-one persons. The Department administrates the City's various housing programs and oversees the City's Resource Centers. Policies and Programs Because demographic data shows that ethnic minorities tend to have lower income and are concentrated in low- income neighborhoods, the rising cost of housing is a significant factor in limiting housing choice. City policies which increase the cost of housing: impact fees, user fees, zoning, slow processing, slow andor expensive variance processes, etc. decrease accessibility to ethnic minorities who tend to have lower income. The City has adopted the follogng programs to provide equal housing opportunity to minority households inside or outside areas of minority concentration. 0 The existing home ownership category for lower-income households is a high priority for the City. These individuals can be assisted through: 0 Communitv Develoument Block Grant Owner Occuuied Rehabilitation Propram: Oceanside's goal is to rehabilitate approximately 20 homes per year through this program. The number of homes actually rehabilitated with the funds available is dependent on the size of each rehab loan and the amount of funds 93 -" Fair Housing Council of San Diego ______- available for each fiscal year. Lead-based paint testing, assessment, monitoring, clearance and control will also impact the number of loans completed per year. 0 Mobile Home ImDrovement Program: The City has a mobile home rehabilitation program which grants up to $2,000 to eligible mobile home owners to rehabilitate their homes. The City's goal is to rehabilitate 32 mobile homes per year. 0 Rental Assistance to Very Low-Income Households: It is a top priority of the City to assist very low-income households with rental assistance. This promotes the ability of low-income families to move to areas that are more desirable and less impacted. The City will continue to apply for all Section 8 Vouchers available. . 0 HomeownershiD to Low and Moderate Families: The City has made homeownership a priority for low- and moderate-income families. Homeownership creates pride in neighborhood and encourages stability. The City has issued 2 15 Mortgage Credit Certificates (MCC) in the period of 1992 to present. These Certificates have assisted low- and moderate-income families in the purchase of homes within the City of Oceanside. The City will continue to apply for MCC whenever the opportunity is available. The City will continue to consider waivers of certain requirements that impair the development of affordable housing such as setbacks, landscape requirements and parking requirements. Waivers are reviewed on a case-by- case basis. The policy has been to fast-track affordable housing projects. Projects, which provide housing opportunities and direct benefit, assistance and delivery of housing assistance services to low- and moderate-income households, receive priority processing. Expedited processing can result in a cost saving for affordable housing developments. 0 The City will continue to require all new subdivisions of twenty or more units, to supply an Afirmative Marketing Agreement or to become a member of the Building Industry Association's (BLA) VAMA as a condition of their tentative map. The City maintains a fair housing component to its Housing and Neighborhood Services Department to counsel fair housing complaints and to refer complainants to the most appropriate enforcement agencies. The City has co-operated with the California Apartment Owners Association to initiate its Industries Standards Program in the City of Oceanside. This program stresses minimum standards for rental units and requires all participants to be equal opportunity landlords. The City will continue to work with non-profit organizations to facilitate and increase their capacity to build and manage low-income housing projects within the City. The City will continue to aggressively apply for low-income housing funds from all sources. The City will devise new outreach to make residents aware of resources available to them if they feel that they are victims of discriminatory housing choice practices. The City will continue to require inclusionary housing, or an in lieu fee from any new development of three units or more within the City. The City will target fair housing, education and outreach to lower-income communities through its four neighborhood resource centers. The City will continue. to educate landlords regarding fair housing choice at the quarterly Oceanside Crime Free Multi-Housing meetings, and will seek new avenues to educate landlords and apartment owners on the law and desirability of offering fair housing choice. . .... ... , .. _. .- __ . .. .. . . . . . . . .. -. . . __ . -. ~-.“.-...._I_ I__”_ Analysis of Impediments to Fair Housing Choice San Diego (City of) This information has been incorporated from the City’s Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Estimates indicate that in 1998, the population in the City of San Diego had increased by IO percent from 1990, to 1.22 million and accounted for almost 44 percent of the region’s population. In the 1980’s, the majority of growth was due to net in-migration. Since 1990, the majority of growth has been attributable to natural increase. This trend is expected to continue through 2020 when 60 percent of the growth is expected to be due to natural increase. Projected Population . SANDAG projects that the City’s population will grow by 19 percent between 1995 and 2005, from 1. I7 million to 1.4 million persons. The projected increase in population at both state and national levels creates concern for availability of all types of housing, especially those for people with special needs. Ethnic Makeup of the Population In 1998, the ethnic makeup of the population was as follows: 23 percent Hispanic, 55 percent Caucasian, 9 percent African American and 13 percent Asidother minorities. The Hispanic and Asi& population segments are expected to be the fastest growing in the area. The Hispanic population is expected to increase by 109 percent between 1995 and 2020 (which will be 33 percent of the region’s total population). The Asian population is expected to increase 102 percent, making up 12.2 percent of the region’s total population by 2020. Foreign in-migration and differences in fertility rates continually change the ethnic composition of the region. Concentrations and/or Locations of Minorities A review of 1980-1990 Census data suggests that the African American, Hispanic and Asian populations in San Diego live in segregated patterns with Blacks most segregated and Asians least segregated. Low-income minority families are concentrated in contiguous census tracts while Caucasian low-income families are more broadly dispersed. Sometimes segregated housing patterns are attributed to disparity in income or other socioeconomic factors or to a voluntary desire to remain separate. Other explanations include historical developments in the City leading to the formation of racially and ethnically identifiable neighborhoods. Approximately 40 percent of the 229 census tracts in San Diego contain concentrations of minorities that are greater than 40 percent. Of these, 24 have concentrations greater than 85 percent, with several reaching as high as 98 or 99 percent. Age .. The median age of the total population is expected to rise by IO percent, from 3 1.6 years in 1995 to 34.9 years in 2020. The fastest growing segment of the population is expected to be those aged 65 years and older, reflecting an 81 percent increase (through 2020). This trend is due to the aging of the “baby boomers” and will create a demand for a range of housing solutions for housing catering to the needs of the elderly categories. 95 Fair Housine Council of San Dieeo Income The median household income of San Diego residents in 1999 was $42,244, which was up 24.6 percent from 1990 ($33,910). There are approximately 160,470 low-income homeowner and renter households. Of these, approximately 67 percent (106,701 households) overpay for housing. Special Housing Needs Special Needs Housing is described as a continuum of emergency, transitional and permanent housing where people can live as independently as possible and receive supportive services as needed. It is integrated throughout a community; ‘utilizes an array of conventional and unconventional housing development and financial strategies; and is less expensive than institutionalization. Overcrowded Households Average household size is higher in San Diego than nationally and, contrary to the national trend, is increasing. It is predicted that household size in the region will continue to increase until 2005 and by 2020 will decrease back to the 1997 level of 2.81. In the near term, the trend toward larger households reflects the increasing tendency for households to “double up” as housing costs continue to outpace income. The projected decrease by 2020 likely reflects the aging of the “baby boom” population and consequent increase in “empty nesters.” In 1990, approximately IO percent of San Diego’s housing stock met with the Census Bureau’s definition of overcrowded. This is a 1 13 percent increase from the 1980 figure. This trend is likely to continue as the population has increased by 10 percent and the number of housing units by only 6.7 percent. Farm Workers There &e approximately 1,000 (900 single adult males and 100 family members and single women) farmworkers and day laborers in San Diego, many of whom live in canyons or shared apartments, creating overcrowded living situations. There are only 32 housing units (22 are city-owned and 10 are lessee owned) specifically designated for farm workers in the City (in San Pasqual Valley). In the Carmel Valley/La Jolla Valley area, several hundred farm workers and day laborers live in illegal, temporary encampments hidden in the underbrush. These encampments are typically unsanitary, lacking plumbing, heating and cooking facilities. Attempts have been made to close these areas and use Section 8 certificates to facilitate the transition of the occupants into the private housing market. Men are typically reluctant to participate in these attempts to provide housing for farm workers and day laborers primarily due to financial reasons, as many are working to earn money for their families or to purchase land in their home countries. There has been more success with relocation programs designed for families since parents are more willing to conhnt additional expenses in order to improve the living conditions for their children. Single Parents Over a quarter (29%) of families with children were headed by single parents in 1998. Families headed by single mothers are more likely to be discriminated against in the housing market because of the reluctance of some managers and owners to rent to families with children. Moreover, this group is more likely to be in the very low- or low-income categories, putting them at higher risk of housing discrimination. Elderly The elderly population is expected to increase 74 percent between 2000 and 2020 (as compared to a 19 percent increase from 1995 to 2000). This will create a demand for a variety bf housihg options ranging from ~ __ ... . . . . ... . . . ... . . . .”. . . .” __ ””. ~ ~ Analysis of Impediments to Fair Housing Choice small, low-cost housing near public transportation and health care facilities to intermediate care and assisted- living facilities offering a full complement of services, depending upon need. Students In July, 1998 there were approximately 51,455 full-time equivalent (FTE) students attending San Diego colleges and universities, plus an additional 25,778 FTE credit students enrolled in the four campuses of San Diego’s Community College District and 14,047 FTE noncredit adult school students. The majority of students attending four-year schools come fiom places outside of San Diego and relies primarily upon off- campus housing. Ideally, student housing should be located adjacent to campus and near shopping and public transportation. Additionally, it should be of higher density in order to permit generally lower rental payments by typically low-income students. However, most campuses are surrounded by lowdensity housing and three schools are located in high-rent areas (La Jolla-University of California, San Diego; Point Loma-Point Loma Nazarene; and Scripps Ranch-United States International University). The problems created by student spillover into adjacent residential areas have grown progressively worse. This has been particularly true in neighborhoods surrounding San Diego State University where a number of former single-family houses have been converted into “mini-dorms,” which do not have adequate off-street parking for students with automobiles. In response to the inadequate student housing opportunities on campus, San Diego State University is implementing a program called the “College Community Redevelopment Project,” which plans to significantly increase student housing opportunities, and improve vehicular, pedestrian circulation and parking conditions in order to reduce adverse impacts in surrounding neighborhoods. Other universities have indicated an intent to absorb potential student spillover by increasing oncampus student housing. Military In 1995, military personnel made up only 1.6 percent (18,254 persons) of the population of San Diego. This number is expected to decline to 18,073 persons (a 1 percent drop) by 2020. Of all those persons employed in the region, .6 percent (38,598 persons) are employed by the military. By 2003, total naval military personnel are projected to increase from 56,780 to 61,550 persons, with gross family housing requirements projected to increase to 37,747 families (from 35,293). The Naval Complex (NC) of San Diego consists of eleven military installations located in the San Diego region. In 1998, the Navy controlled and maintained 9,037 family housing units in the vicinity of the NC that were available for occupancy by naval families. In 2003, the Navy projects to maintain and manage.8,890 units. In the San Diego market area, the military family rental market share is relatively high because there are so many military families living in community rental units and because the Navy represents a significant portion of the regional economy. In addition to Military Family Housing WFH), some military personnel may be eligible for publicly assisted housing, public housing or rent subsidized units. However, long waiting lists prevent most lower-grade personnel who may qualify, fiom occupying significant numbers of publicly assisted housing units. Consequently, military personnel rely heavily on the private housing market to meet its housing needs. 91 ”_ Fair Housing Council of San Diego -___”“- Homeless The City of San Diego, with 52 percent of’the County’s general population and 60 percent of the County’s urban homeless population, is administering over $5 million for homeless programs this year. Approximately 51 percent of the program’s expenditures are channeled to transitional shelters through projects of the Housing Commission and the City’s Affordable Housing Trust Fund. . Approximately one-third of the homeless population suffers from a mental illness, and of those, half are believed to be abusing drugs and/or alcohol. There are only 135 shelter beds in the City specifically targeting the homeless mentally ill, which represents only 10 percent of the need. The homeless mentally ill share the condition of extreme poverty, are typically unable to work and are usually not connected to entitlement programs. There are approximately 2,000 homeless veterans (mostly all males) in the San Diego region, approximately 36 percent of the adult homeless population. The fact that the San Diego region has a strong military presence may account for these numbers, which are relatively high compared with other regions. There is also another “invisible” population of homeless individuals, not sleeping outside or in shelters, but who are in the process of becoming homeless. People without dwelling of their own frequently will live temporarily with friends or relatives before entering a shelter or sleeping outside. These individuals may represent a significant number of people, but are often not included in estimates of the homeless populations. Persons with Disabilities San Diego currently has an estimated 120,630 people with disabilities who have specialized housing needs. Many are on fixed income or are unemployed. Approximately 1,000 of the 8,500 households receiving Section 8 assistance have at least one disabled member. The ACCESS Center estimates that approximately 500 to 1,000 more persons with disabilities would qualify for Section 8 certificates if the hnds were made available. Persons with Physical Disabilities The special needs required for housing the approximate 28,000 physically disabled individuals in the San Diego region include not only affordability but also special construction features to provide for access and use according to the particular disability of the occupant. Persons with Mental Illness In the City of San Diego, there are an estimated 22,000 mentally ill and additionally 1,400 severely mentally ill homeless persons. In addition, there is a common crossover between those who are abusing substances and those who are mentally ill. Substance abuse is both a cause and a result of homelessness for the mentally ill. Persons with HIV Infection and AIDS/Other Transmittable Diseases In conjunction with the County, San Diego has set a goal to meet the needs of people living with HIV/AIDS at all points along the illness spectrum. In terms of housing, the plan is to increase permanent independent housing, maintain existing. tenant-based rental assistance programs and explore possibilities that may enable more effective targeting of resources based on levels of income and need. The City also plans to review existing mechanisms for providing emergency housing and determine if changes are needed, strengthen the effectiveness of transitional housing programs through staffing and procedural modifications and develop and maintain linkages with area skilled nursing and hospice facilities. San Diego also plans to investigate the 98 I I I I I I I I I I I I I I __ ___ ~ .. .. . . . . ... .. .” .. ”” .- . ”” Analysis of Impediments to Fair Housing Choice - - possibility of development of a facility, similar to that in North County, for residential care for the chronically ill. Persons with Developmental Disabilities About 14,000 developmentally disabled persons reside in San Diego, according to the California Developmental Disabilities Board for Area XIII. This group is looking for choices other than group living, including apartments, condominiums and houses in the community. Because a substantial majority of persons in this population depends solely on Social Security payments, the major barrier to stable, decent housing is the availability of affordable housing. Persons with Alcohol and Other Substance Addictions Within the City, it is likely that roughly 20,000 to 30,000 individuals suffer significant impairments related to alcohol and other drug use and therefore in need of treatment and likely to benefit from such treatment. Greater housing opportunities are needed for this special needs population to help maximize and consolidate the gains clients have made in their treatment and recovery programs, and to prevent additional homelessness. Lead-Based Paint Needs The City has klly integrated lead-based paint awareness-and abatement into its affordable housing programs. Each tenant, landlord and homeowner participating in these programs is informed of the dangers, symptoms, testing and treatment, and prevention of LBP poisoning. Lead-based paint hazard abatement is provided for in every rehabilitation loan process. Public housing units, and units acquired by nonprofits though Housing Commission programs, are abated of the hazard at the point of acquisition. In addition, the San Diego Housing Commission is also ensuring compliance with the Pre-Renovation Lead Information Rule (TSCA 406B) required of people performing renovation for compensation. Housing Market and Needs Analysis The vacancy rate has declined steadily from 5.3 percent in 1994 to .85 percent in September 1999. This vacancy rate falls very close to the “underbuilt” market, and is a result of the declining number of housing units being built per year since 1990, particularly multi-family units. In 1998, only about 25 percent of San Diego households could afford the median-priced home ($200,000). This homeownership affordability rate was much higher in March 1994 (during the recessionary period), reaching 40 percent, when the median priced home was $1 8 1,500. Housing Needs The need for housing is related to the relationships between population growth, household formation and age distribution. The rate of household formation nationally declined in the 1990s as the “baby boom” generation began to age and the smaller “baby bust” generation entered the household formation ages of 20-25. However, this decline was partially offset by an expected continued decline in average household size, and by an increase in the proportion of one-person households. The housing needs in San Diego can be described in two categories: the need to produce more housing for all income categories, and the need for more housing affordable to lower-income households. SANDAG’s 2020 Regionwide Forecast suggests that 53 percent or 21 8,700 of the 4 1 1,000 new homes needed in the region over the next 20 years will be single family homes. Based on their current plans, the region’s cities can only accommodate about 96,000 or 40 percent of the single family need. The average density planned for new single family homes in the region’s cities is 2.4 homes to the acre. This contrasts 99 Fair Housing Council of San Diego with an existing average density of 5.4 single-family homes per acre within the cities, a'density more than twice that planned for vacant land. If cities develop their new single family areas at the lower densities as currently planned, the region will not be able to meet the housing demands of its residents. More land also needs to be planned for multi-family homes. According to the 2020 forecast, 190,800, or 46 percent, of the 4 1 1,000 homes that need to be built in the region will be multi-family. While current land use plans indicate that most multi-family homes (94 percent) will be built in the region's cities, multi-family supply falls short of demand. Additional land needs to be planned for multi-family homes. HUD estimated that in 1995, 75,000, or 48 percent of very low-income households in the San Diego region had worst-case housing needs. Worst-case needs are defined as unassisted, very low-income renter households who pay more than half of their income for rent, live in seriously substandard housing (which includes homeless people) or have been involuntarily displaced. "" - "" Affordable Housing Consistent with adopted policy, the City of San Diego employed a multi-faceted approach in attempting to meet its affordable housing needs. Recognizing that available resources are not sufficient to meet all of its affordable housing needs, the City established a set of priorities for affordable housing in its 1996-2000 Consolidated Plan, which were continued in FY98. Those established priorities for assistance are based on several factors: the number of extremely low-, very low-, low-income families (including single-person households) paying more than 30 percent of household income to cover housing costs; the extent of that burden (30-50 percent of income dedicated to housing costs or more than 50 percent of income dedicated to housing costs); and the cost of providing affordable rental and homeownership opportunities. The City's High and Medium housing assistance priorities have been identified by ranking a vaiiety of household income and housing groups, and the activities which are targeted to those specific populations. Low Priority was designated to renter and owner overcrowded groups because these groups are to be accommodated through other programs. It should be noted that while the establishment of priorities reflects an emphasis of effort, it does not mean that a priority of High will be fully addressed before a priority of Medium will be addressed. Public Assisted Housing The San Diego Housing Commission (SDHC) was established in 1979 by the San Diego City Council as the administrative agency of the San Diego Housing Authority. It is committed to providing decent, safe and sanitary housing for low-income families, elderly and persons with disabilities in the City. The SDHC owns and manages approximately 1,409 units of Conventional Housing and specific regulations governing the administration of these units are found in the Code of Federal Regulations Title 24 and the HUD Handbook 7465.1. The SDHC owns 120 units of Section 8 New Construction, regulations for their administration may be found in the Handbook 4350.1. Additionally, the City of 'San Diego is committed to a regional approach to meeting housing needs and cooperates with San Diego County, San Diego Association of Governments (SANDAG) and with other cities in the region towards a regionwide application of Federal Housing Funds. To this end the City adopted by Resolution dated May 1984, the Housing Needs Statement for the San Diego Region, prepared by SANDAG. On September 10, 1999, the SDHC passed and adopted Resolution 10 16, required by HUD (Federal Register, Vol. 64, No. 32), to provide for deconcentration of poverty and income mixing in public * housing 100 Analysis of Impediments to Fair Housing Choice developments by bringing higher-income residents into lower-income public housing complexes and lower- income residents into higher-income public housing complexes. The Commission was also the recipient (in 1997) of a five-year grant for the establishment of a regional housing mobility program. The goal of the Community Opportunities (CO) Mobility Program is to provide counseling and housing move assistance to families who are participants in the Section 8 housing programs. Families are assisted to make housing moves to low-poverty neighborhoods. This project will help the City's housing deconcentration efforts. Another goal of the CO program is to recruit new owners who will lease properties in low-poverty neighborhoods to Section 8 tenants. Employment, Education and Transportation Trends Employment Employment in San Diego is expected to grow by 44 percent (to 1,839,400 persons) by the year 2020. However, the job growth rate is expected to grow within different employment sectors than in the past. Historically, the leading employment sectors have been manufacturing, defense and tourism. However, in the early 199Os, the local economy underwent major restructuring with the end of the Cold War resulting in significant losses of manufacturing employment, particularly defense-related manufacturing. Base closures also affected San Diego, with the closure of the Naval Training Center, although these were offset by increases in military jobs, as new military functions were brought to San Diego. .. . .... . .. . ._ -. .._ . ~ ~ ~ Education Almost all public schooIs in the City have attendance zones-the immediate neighborhood. Rankings for local schools will give some indication of the surrounding neighborhood demographics. In some instances, the schools draw from diverse neighborhoods. To encourage integration, the San Diego City school system has set up magnet schools to draw students out of their neighborhoods. These schools have enriched programs. The children that attend them often will not be the neighborhood children. This works both ways: low-income students attending "high-income" and high-scoring schools; high-income children attending schools in low-income neighborhoods. Transportation The need for public transit has increased with the growth in population and resulting traffic pressures put upon local roads and freeways. Commuting to work now takes longer as congestion has increased and workers move farther from employment areas to the suburban areas of the region. Transit use is highest in areas of relatively high residential densities surrounding transit stops. However, between 1980 and 1990, the fastest growing areas were in outlying areas which are not as accessible to transit. SANDAG's forecast data indicate that these population trends will continue through the 199Os, underscoring the need for more public information and planning efforts to reach residents in these growing areas. Social Services The City of San Diego has decentralized services and resources to conveniently located neighborhood centers. The Service Centers make it more convenient to access City services without trips downtown. Each hll service center has an on-site Manager and Customer Service Specialist who function as the links between downtown and the community. In order to provide the best possible service, these professionals are knowledgeable about the specific commuhities they serve, actively participate in community meeting and events and are eager to meet residents' needs. 101 Fair Housing Council of San Diego The locations of the Community Service Centers (CSC) are as follows: Carmel Valley CSC Mid-City CSC Piazza Carmel Retail Center 395 Fairmount Avenue 3840 Valley Center Drive Suite C San Diego, CA 92 130 San Diego, CA 92 105 Central CSC Navajo CSC 2500 Commercial Street 783 1 Jackson Drive San Diego, CA 92 1 13 San Diego, CA 92 1 10 Clairemont CSC North Park CSC Clairemont Town Square 3956-60 301h Street 473 1 Clairemont Drive San Diego, CA 92104 San Diego, CA 92 1 17 Otay MesaMestor CSC Golden Hill CSC 2985 Coronado Avenue 2469 Broadway Suite D San Diego, CA 92 102 San Diego, CA 92 154 Peninsula CSC Naval Training Center, Bldg. 200 2640 Decatur Street San Diego, CA 92106 Rancho Bemardo CSC R.B. Library, 2“6 Floor 17 1 10 Bemardo Center Drive San Diego, CA 92 128 San Ysidro CSC 663 East San Ysidro Blvd. San Diego, CA 92 173 Scripps Ranch CSC 1 1885 Cypress Canyon Road San Diego, CA 92 13 1 Market Street CSC 4690 Market Street, Suite D20 San Diego, CA 92102 Landlordmenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or othx “protected class” status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3rd. 1004. Per, hotline monitoring reports, general confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audits, Cases Litigatedother Audit(s) Past audits conducted in .the City revealed disparate treatment in the rental market on the basis of race (Afiican American) (40% in 1988 and 45% in 1991) and differential treatment in housing sales on the basis of race (43% in 1994). Mortgage Lending Audits documented differential treatment based on race at the rates of over 50% and 43% in 1994/1995. Between 1993 and 1996, 150 complaints were filed with FHCSD alleging familial status discrimination. 102 Analysis of Impediments to Fair Housing Choice - ... ~ __ ~ ___ One major case has been litigated in the jurisdiction, as follows: "FHCSD Announces $17,000 Settlement in Discrimination Case and Send Wake Up Call" (Press Release) In a precedent-setting case, a first for the Fair Housing Council of San Diego (FHCSD) acting as a plaintiff, and a first to be brought in San Diego on the basis of familial status discrimination. The case was filed in the United States District Court, Southern District of California. The case involved protracted testing over a period of several months. The testing revealed consistent statements and responses from the property owners and management that indicated that they would not accept qualified families with children in their advertised rentals. Potential Impediments The following charts represent the type, number and ethnic characteristics of housing discrimination complaints filed with the FHCSD by San Diego residents for the period of 1996 to 1999. I ". 1 African Total Other Native Asian Caucasian Hispanic American American American 278 793 19 3 14 38 1 120 Figures 9 and 10: Discrimination Complaints-San Diego 103 Fair Housing Council of San Diego ”. Discrimination Complaints by Type E4 Race =Religion 0 Color 0 National Origin W Sex S Handicap Familial Status 0 State -___ 4% 9% wb I 1 I I Origin I I 1 status I State I Total 1 Race Religion Color National Sex Handicap Familial 197 814 180 169 152 34 71 7 4 r Complaint Resolution Many of the complaints that are received over the hotline are from callers who are conhed about their landlordtenant and fair housing rights. These complaints are resolved through telephone counseling and education or resource referral. This lack of education serves as an impediment to housing choice. Lack of pertinent information also leads to unfounded allegations of housing discrimination, in some cases. There is a great need for consumer education in both the landlordtenant and fair housing realms. The next highest number of complaints is resolved through a professionally conducted or limited telephone conciliation process. Under this process, complaint resolutions have resulted in: rescinded move notices; modifications and accommodations for disabled tenants; relief for families with children being subjected to differential policies and tenant privileges; corrections in unlawhl advertisements; and assistance to housing mobility program participants who retained housing in low poverty areas. In the San Diego region, as compared to other jurisdictions, nationally and regionally, litigation, as a response to unlawful housing discrimination, has been an “action of last resort.” Fair housing groups located in Orange County, for example have recovered several millions of dollars in damage awards for plaintiffs, as compared to $140,000 in the San Diego region. This development is attributable to several factors. Historically, outreach, education, industry training and collaborative efforts (early Fair Housing Task Force, Community Housing Resources Board activities) have been the primary enforcement strategies implemented in the region. Heavy emphasis has been placed upon community education with a variety of educational services becoming available in the region. In other cases, consumers elect not to pursue the claim, due to their embarrassment or their being in denial, required time commitments or lack of faith in a quick resolution of the complaint by enforcement entities. Additional tactics aimed at fair housing compliance are needed. Greater enforcement activity is needed. 104 . . . . -. ." . - . . . . , . , .. .- _"_ ~ ~ - _____- Analysis of Impediments to Fair Housing Choice General Housing and Related Demographic Issues 0 0 0 0 0 0 0 0 0 0 0 Community opposition to higher density and affordable housing developments (NIMBYism) present barriers to housing choice. A very low housing unit vacancy rate (.85% in September 1999) poses a greater possibility of housing discrimination. Population is expected to increase by 19 percent by the year 2005 creating concern for availability of all types of housing, especially for those with special needs. In 1998, the ethnic makeup of the population was 23 percent Hispanic, 55 percent Caucasian, 9 percent African American and 13 percent AsiadOther. The 'Hispanic and Asian populations are expected to be the fastest growing; strong, diverse public fair housing programs are needed. 1980 to 1990 census data suggest that Afiican American, Hispanic and Asian populations live in segregated patterns with Afiican Americans most segregated and Asians least segregated. Pro-integrative move programs are needed; housing mobility programs respond to this need. The fastest growing age population is expected to be those aged 65 years and older; this factor will continue to contribute to a conflict between senior housing needs and those of families with children. Household sizes will continue to increase until 2005. This condition may equate to barriers to housing choice since there are limited units with larger numbers of bedrooms. Family housing requirements for the military are expected to increase creating a need for more affordable housing. In 1990, approximately 10 percent of San Diego's housing stock met with the Census Bureau's definition of overcrowded. Where overcrowded conditions exist that are related to housing discrimination, redress is needed. Housing needs are characterized, according to the City, in two categories: the need to produce more housing for all incomes and the need for more housing affordable to lower-income households. In the absence of . solutions to these housing needs, housing choices will be impeded. An aging "baby boom" segment of the population will demand a range of housing solutions for housing catering to the needs of the elderly. Protected Class Issues 0 Family households with children headed by single-adult with no spouse comprised 29% of the total households; this group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. 0 There is inadequate housing for students who report that they face discrimination. 0 There is reluctance of some managers and owners to rent to families with children 0 Fm worker housing needs are discussed in Chapter Five under regional plan. 0 Discrimination in the mortgage lending and property insurance marketplace(s) based on race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). .. 0 Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly on the basis of race, disability, national origin, and familial status. 105 Fair Housing Council of San Diego - - The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listinglinternet services andor industry compliance with fair housing; these may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination ... The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently contracts with FHCSD for the provision of fair housing services. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits andor the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professiopals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 106 ~ .. ... .. . - . " - " Analysis of Impediments to Fair Housing __ Choice ~ 5. The particular "protected class groups" which are most effected, as shown by local audits or records, by any non-compliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such programs include, but are not limited to: 0 In its adopted Consolidated Plan, the City has set forth a policy of emphasizing acquisition, rehabilitation and rent subsidies as the most effective way of meeting the housing needs of low-and very-low households and 0 Continue to work in partnership with the private and non-profit sectors to help generate affordable housing; partial implementation of Process 2000; reduction of water and sewer fees, with a further reduction for affordable housing developments; adoption of the Lkd Development Code which includes several provisions that facilitate housing affordability. All impediments, as identified in previously completed AIS and not covered in this process, but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame On an annual and continuing basis, the City will contract with a non-profit agency for the provision of basic services as outlined at Appendix M. The objectives, goals, and measurable expected outcomes are also outlined at Appendix M. The basic components of fair housing program services will be, minimally: Diverse community outreach and public education services (ongoing) 0 Intake, investigation and resolution (through enforcement referrals) of bona fide housing discrimination complaints (ongoing) Maintenance of records of all activities undertaken to address and remove the impediments identified under the Regional AI (ongoing) 0 Through ongoing linkages with enforcement entities and regionahational advocacy groups, foster and support of the general coordination of federal, state and local fair housing laws in the jurisdiction Reports of activities and other progress made toward the removal of fair housing barriers will be compiled and submitted to the jurisdiction (quarterly). Highlights of fair housing achievements will be included as part of the performance report required by the Consolidated Plan regulation (24 CFR 9 1.520(a)). As funding permits, housing audits will be conducted to further identify issues, trends and characteristics of continuing discrimination violations, especially in the categories of sexual harassment, disability, familial status, racdethnicity and broker/multiple listing services. - I."""." 107 -____ Fair Housing Council of San Diego " Property insurance and hate crime violaiions are underreported. Efforts should continue to educate the public about fair housing legal requirements in these areas. The individuals, groups and organizations that will be involved in the carrying out of a fair housing action plan are very broad. Community-based agencies, housing industry groups, lending and insurance professionals, civic organizations, government departments (i.e. housing development) and officials, and fair housing advocates will be among the entities called upon in the implementation of a fair housing action plan. At the end of the first year after implementation of the FHP process, the jurisdiction will submit to HUD: A summary of the AI, Actions taken the previous year and An analysis of the impact. As part of the jurisdiction's annual performance report for its Consolidated Plan, the jurisdiction will report on its action to affirmatively further fair housing. The jurisdiction will provide a summary of its AI and a description of the actions taken during the past program year, along with an analysis of the impact of the actions (per FHPG). 108 . .. ~. .. ., .__. .. . . . ... . ...... ..., . .. ._~....._.__~"""-.I_ ". ~ - .. -.. .. -. . . ~ ~ Analysis of impediments to Fair Housing Choice Santee This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth The population of Santee increased by 8.5 percent from 1990 to 1999, from 52,902 to 57,389 persons. Population growth in the 1990s was much slower than in the 1980s. Between 1980 and 1990, the population increased by 3 1 percent. Santee was one of the fastest growing communities in the area for this time period. However, between 1990 and 1998, Santee became one of the slowest growing cities in the area. Projected Population By the year 2020,74,856 persons are expected to be living in Santee. This will be a 40 percent increase from the 1995 figure (53,593 persons). A large proportion of these new residents will be housed in the currently undeveloped Fanita Ranch area. Ethnic Makeup of the Population The City of Santee has a relatively small number of minority households. According to 1990 Census data, only about 15.2 percent of the population claimed minority status. The breakdown for 1998 was as follows: Hispanic-12.2 percent; Caucasian-82 percent; African American-I percent; Asian and Other-3.9 percent. Concentrations and/or Locations of Minorities There are no instances of high concentrations of low-income residents and there are no census tracts with concentrations of minority populations within the City of Santee. Age The median age of Santee residents in 1999 was 34.4 years of age. This was an increase from 1990's figure of 3 1.2. In 1998, 30 percent of the residents were age 19 and under, indicating that many families with children reside in Santee. Nearly half of the City's residents are within the 25-54 age group, indicating a probable large hture population of elderly persons as this cohort ages. Income The median income in Santee in 1999 was $48,387, up from $39,506 in 1990, a 22.5 percent increase. This was the second highest median income of the cities in the East County area. Santee had a greater percentage of residents with incomes between $35,000 and $100,000 than the region as a whole. Special Housing Needs There is no public housing within the jurisdiction. There are also no over-concentrations of facilities or services. The City has a lack of parksites, senior housing and underdeveloped public facilities. Many City streets have no curb, gutter or sidewalks. This lack of sidewalks results in hazardous conditions for pedestrians, especially near City schools. Overcrowded Households Santee had the second highest household size in the area in 1998. This is reflective of the large numbers of families with children and the predominance of single family housing. - Fair Housing Council of San Diego - Approximately 4.8 percent (732 housing units) of the total housing stock in 1990 were defined as overcrowded, which is 5 percent lower than in the region as a whole. However, this data was gathered in 1990 and does not account for the lower vacancy rates and higher rental and owner costs in 1998. Given these factors, current rates of overcrowding are likely to be higher in both the City and the region as a whole. Farm Workers According to RTFH, nearly all of the Santee homeless are farm workers and day laborers. However, the City does not have a farm worker base and the Sheriffs Department has indicated that they have not encountered any rural farm workers or day laborers in their contacts with the homeless in Santee. Santee is a “bedroom community” and is a long commute from the large farms of North and South San Diego County. The City’s estimate for the homeless population is between 25 and 50 individuals. SANDAG estimates that there was only one Santee resident employed in the agricultural industry in 1995. Thus, Santee has little or no demand for farm worker housing. Single Parents In 1990, 1 1 percent of Santee households were headed by single parents. Of these, the majority (72 percent) was female-headed. The housing needs of female-headed households are of special concern because women tend to earn lower wages, which increases their need for affordable housing. In Santee, 14 percent of female- headed households lived below the poverty level in 1990, 13 percent less than regionwide. Elderly The population over the age of 65 includes approximately 5,000 persons (9.10/0). Although there is a smaller percentage of elderly residents in the City than in the region, Santee’s elderly households have lower incomes than those regionwide. The majority (62 percent) of elderly households earned between $10,000 and $35,000 annually . There are no rental buildings devoted exclusively to seniors. A large number of the aged population (approximately two-thirds) lives in one of twelve mobile home parks. Because many of these seniors are on . fixed incomes and have experienced rising space rents, the City has established a rent subsidy program to assist both the senior population and disabled persons. The City provides a space rent allowance of $75 per month for eligible seniors. Santee also has a density bonus ordinance to help encourage the development of some type of housing for this population. Additionally, an affordable senior housing project has been approved and is under construction. Military The majority of military personnel in this jurisdiction reside in multi-family housing units. The City has two Navy housing projects totaling 162 units. Homeless According to the San Diego Regional Task Force (RTF) report on the homeless dated August 1999, the current estimate for the homeless population in Santee was 150 persons. At present, there are no homeless shelters in Santee, however the East County region has several homeless service providers. Most of the City’s homeless are referred to these local agencies. Santee has allocated fUnds to a neighboring El Cajon agency for case management to homeless families. 110 ~ . . . . _. . . - , . ". . . . . ... . . . . . Analysis of Impediments to Fair Housing Choice Persons with Disabilities The most obvious housing need for persons with disabilities is housing that is adapted to their specific needs. Most single-family homes are inaccessible to people with mobility and sensory limitations. Housing may not be adaptable to widened doorways and hallways, access ramps, larger bathrooms, lowered countertops and other features necessary for accessibility. 23 Persons with Physical Disabilities Of the 1,7 I4 physically disabled residents of Santee, 64 percent were female, according to the 1990 Census. Persons with Mental Illness Residents use regional facilities for the mentally handicapped, including hospitals, medical centers, mental health centers, residential facilities, etc. Persons with HIV infection and AIDSOther Transmittable Diseases There are about 300 persons with AIDS who are unsheltered in San Diego County. This is viewed as a regionwide problem. Persons with Developmental Disabilities Specific categories of need are difficult to quantify. Regional facilities provide for Santee residents with developmental disabilities. Persons with Alcohol and Other Substance Addictions Residents of the City. use regional facilities to assist with substance abuse problems. However, there are currently waiting lists for these facilities. Lead-Based Paint Needs The City has always informed residents applying for Housing Rehabilitation Loans about the hazards of lead- based paint. It also has a large supply of the HUD brochure, "Lead-Based Paint, a Threat to Your Children," . and keeps copies in the public waiting areas at City Hall. The City will review the new federal regulations regarding LBP abatement and make changes in the existing Housing Rehabilitation Loan program to insure compliance with federal statutes. Loans are funded with State Redevelopment set-aside monies, but the issue is important' and will be addressed in accordance with more comprehensive federal regulations. Housing Market and Needs Analysis There were 19,193 housing units in the City in 1999, up only 5 percent from 1990. The overall vacancy rate will continue to fall, approximately 33 percent, between 1995 and 2020, to 1.8 percent. In 1990, approximately 64 percent of the City's total housing units were single-family homes. The vacancy rate for single family homes is expected to decrease by 75 percent. In 1990, the majority' (70%) of the residents of Santee owned their homes. This was the second highest homeownership rate in the region. This high rate of homeownership rate can be attributed to the large number of mobile homes in the City, which tend to be owner-occupied, and the relatively lower cost of the City's housing stock. Taken from City of Santee 2000-2005 Consolidated Plan, April 2000, page 10. ~ "" Ill "_ Fair Housing Council of San Diego " Average monthly rents (in the fall of 1999) in Santee ranged from $3 10 for a studio apartment to $9 15 for a three-bedroom apartment. This was significantly lower than the surrounding areas as well as the average for the San Diego Region in general. Santee has the second highest percentage of mobile homes in the region, accounting for 12 percent of all housing units. This percentage of mobile homes is nearly three times that of the region. Housing Needs It is the general policy of the City of Santee to assist very low-income groups and provide public facilities on low-income census tracts as a first priority. Further priority is given to very low-income residents paying over 50 percent of their income toward housing costs. These are the residents who would face the greatest potential for eventual homelessness. In 1990 Santee had 55 occupied housing units without plumbing, 0.3 percent of the total housing units in the Accessible Housing Affordability, design, location and discrimination significantly limit the supply of housing available to persons with disabilities. Affordable Housing Due to the potential cost advantages of manufactured housing and mobile homes, they are often considered to be a significant source of affordable housing opportunities. In recognition of this, the City Council passed an ordinance that protects the owners and residents of manufactured homes from the possibility of unreasonable space rental increases while simultaneously permitting park owners to receive a fair return. Density bonus provisions, which offer an incentive to developers to provide low-income housing, senior citizen housing, or both, are set forth in the Zoning Ordinance. These provisions are consistent with the City's long-term goal to provide a balance of housing opportunities. The construction of the remaining phases of State Route 52 (SR52) will affect the provision of housing in the City of Santee. This construction will displace housing located in the freeway rights-of-way. Federal relocation assistance is required for displaced persons under the Federal Uniform Relocation Assistance and Real Properties Acquisition Policies Act. The California Department of Transportation (CALMS) will be responsible for the relocation issues. Public Assisted Housing There is no public housing within the jurisdiction. Employment, Education and Transportation Trends Employment From 1990 to 1995, employment decreased by approximately 2 percent, resulting in total employment of 14,742 residents. Between ,1995 and 2020, Santee is projected to gain approximately 7,832 new employment opportunities, an increase of 53 percent, 8 percent higher than in the region as a whole. In the surrounding communities, only Poway is projected to have a higher percentage increase. d m " 1 I I4 Taken From the City of Santee Technical Appendix to the Housing Element, 1999-2004, page 27. 112 " - .......... ". . ... ~ .. . . . - - - - - . . -.- . - . - . -. Analysis of Impediments to Fair Housing Choice ~ The largest numerical increase in employment in Santee will be in the "Other" sector, which includes employment in agriculture, mining and construction industries and self-employed and domestic workers. Other sectors with high levels of growth will include the retail trade sector, which will add 1,493 opportunities. The manufacturing sector is the only sector that will decrease in size, losing 114 employment opportunities between 1995 and 2020. The retail trade sector was the largest employer in 1995, employing 26 percent of the residents. This is significant as retail sector employment often consists of part-time, low wage employment opportunities. Other major employment sectors included services, government and military, construction and manufacturing. Education Almost all of the City's elementary schools, on statewide comparisons, score in the 70" to 90* percentiles. This reflects a middle to upper-middle class community where education is prized. Increases in the number of families with school-aged children have resulted in overcrowding in some schools in Santee. As of 1992, the Santee School District anticipated reaching maximum capacity within the next two to three years; at which time, the District planned to apply for State funding for the construction of additional school facilities. Transportation In 1990, 79 percent of Santee residents drove alone to work, 9 percent more than in the region as a whole. Fourteen percent of residents carpooled and 2 percent used a form of public transportation. Three percent of residents worked from home. The City of Santee is the eastern terminus of the San Diego Trolley; thus transportation is more accessible to its residents. The Trolley links the Santee Transit Center to downtown San Diego. Social Services The City provides direct CDBG funds to a number of social service providers. Money is provided to Meals- on-Wheels, Santee Food Bank, Shared Housing and Caring Neighbors. Landlord/Tenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other "protected class" status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3rd. 1004. General conhion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordhenant education services are needed to raise public awareness. -" 113 Fair Housing Council of San Diego I" Summary of Impediment Findings Documented Impediments via Audit, Cases Litigated/Other Audit(s) There is no available audit information. The City contracts with HHRA to provide services relating to housing discrimination complaints. The City receives monthly reports regarding this issue. The few resident issues which have surfaced have been resolved through intervention and consulting by HHRA. None of the above mentioned resident issues have required a formal complaint, and the Secretary has not issued any charges or made any findings of discrimination. No fair housing discrimination suit has been filed by the Department of Justice or private plaintiffs. The City's major goal is to insure that future complaints are reviewed and handled in a similar manner. The contract with Heartland Human Relations Association (HI") includes a requirement for continued education of owners of rental properties as well as continued interaction with any resident who feels they have a cause for complaint of disparate treatment. The City will further continue to review information provided by the City-County Reinvestment Task Force and the San Diego Community Housing Resource Board in order to remain proactive with respect to this issue. Potential Impediments General Housing and Related Demographic Issues Between 1980 and 1990 Santee was one of the fastest growing communities; between 1990-98 became one of the slowest growing cities Ethnic makeup of the population is 15.2 percent total minority, and relatively small ; there are no instances of high concentrations of minorities Significantly lower rents than the surrounding areas; may attract applicants seeking lower rents fiom other jurisdictions May experience some dislocation of families due to the construction of State Route 52. Each of the groups above will benefit from strong education programs that are in place to counsel them in fair housing rights and responsibilities. Anticipated growth of school district with addition of schools will increase demand for housing. Protected Class Issues Has the second highest household size in the area in 1998; reflective of large families with children and the predominance of single family housing; lack of housing to met the needs for large families creates an impediment. 0 Family households with children headed by single-adult with no spouse comprised 1 1% of the total households, 72 percent of these were female-headed; this group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. 0 Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. '' Taken from the Assessment of lmpediments to Fair Housing Choice in the City of Santee, March 1996. page 8. 114 __ * __ ___ ~ _"___ Analysis of lmpediments to Fair Housing Choice Discrimination in the mortgage lending and property insurance marketplace(s) based on race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the region is allegedly based on race, disability, national origin, and familial status. The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listindinternet services; these types of complaints may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any + Little information on the issue of racial credit steering is available; more research is needed. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination.. .The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. A basic fair housing service program to "affirmatively further"'fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public .outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits andor the frequency and nature of anecdotal complaints received in the jurisdiction 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 11s Fair Housing Council of San Diego 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular “protected class groups” which are most impacted, as shown by local audits or records, by any noncompliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who.are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance’ or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: 0 Provision of assistance to low-income residents to address affordable housing needs through ‘Redevelopment Housing Set-Aside funds; 0 Housing Rehabilitation Loans; Homebuyer down payment assistance program 0 Commitment of the City’s Department of Housing and Redevelopment and Department of Development Services to work cooperatively to best meet the needs of all city residents.. .with adequate housing; 0 First time homebuyer and rehabilitation programs as part of strategies to address issues associated with neighborhood revitalization and 0 Density bonus provisions which are consistent with the City’s long term goal to provide a balance of housing opportunities in the City. All impediments, as identified in previously completed AIS and not covered in this process, but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame: May be provided by jurisdiction under separate cover addendum 116 .... ... . . ... . .. " - .. . ~_._._._."_.__""."_".""._.""I_ - ." .. . . ..- . . . . . . . . . - .. . . .. . ~ Analysis of Impediments to Fair Housing Choice Vista This information has been incorporated from the City's Analysis of Impediments, Consolidated Plan and Housing Element, as provided by the City. Demographic Data Population Growth Between 1980 and 1990, Vista's population experienced a 100.6 percent increase, growing to 71,872 persons. By 1999, the City's population had increased to 84,361 (a 17.4 percent increase). The population is projected to climb to 92,832 persons by 2005, reflecting relatively slow growth compared to some of the other rapidly expanding cities in the County. The slowing in population growth reflects that Vista is now approximately 85 percent "built out" with respect to residential development. Projected Population Between 1990 and 2020, the population is expected to increase by 30 percent, to 103,3 16 persons. The slowing in population growth reflects the fact that Vista is now approximately 85 percent "built out" with respect to residential development. Ethnic Makeup of the Population Non-Hispanic Caucasians continue to comprise the predominant ethnic group in Vista, although Caucasians have declined in relative proportion as other ethnic populations grow at a faster rate. The largest minority concentration in the City is Hispanic, making up 28 percent of the population in 1998. Black, Asian and other racial/ethnic groups constitute less than ten percent of the population, Caucasian persons make up the other 62 percent. Concentrations andor Locations of Minorities No census tract in Vista is exclusively one race or ethnic background. This indicates that there is no pattern of racial segregation within the City based on exclusionary practices in individual census tracts. Census tracts with concentrations of minority populations indicate that.choice of housing may be constricted by variables other than exclusionary practices, such as housing costs. The City has minority concentrations in six census tracts, however no one tract is exclusively one race or ethnic background. Three other census tracts are predominantly Caucasian non-Hispanic (80 percent or more). There is a high degree of correlation between high levels of unemployment, low/moderate income census tracts and areas of minority concentrations. The high percentage of Hispanic population in low/moderate income census tracts and block groups demonstrates possible impediments to choice based on income. Also, Hispanics were denied residential mortgage loans 47 percent more than Caucasian non- Hispanic individuals in Vista. The denial rates for three census tracts with minority concentrations were even higher. Age .. The median age in Vista is 3 1.9 years, slightly younger than the County median of 32.9 years (in 1997). There is a relatively high population of families with children indicated by the fact that 26.5 percent of the population is under 15 years of age. There is a balanced population of seniors and young children. Ten percent of the population is under age five and about the same percentage of population (12%) us age 65 or over. 117 Fair Housing Council of San Diego . - ”- Income In general, the income level of Vista is well below the San Diego MSA. The median family income for a family of four in 1999 was $40,786. The high percentage of the Hispanic population in low/moderate income census tracts and block groups demonstrates possible impediments to choice based on income. Black and Hispanic households have a disproportionately lower income than Caucasian families. The greatest concentration of lower income population is in the Townsite Area. Special Housing Needs Overcrowded Households Household overcrowding impacts 16 percent of the City’s renter households, with two-thirds of large-family renter households living in overcrowded conditions. This reflects the limited supply of large family rental units affordable to lower-income households, and the doubling up of households to save on housing costs. Only 3.9 percent of the owner-households lived in overcrowded situations. Farm Workers The farm workers and day laborers that predominate in Vista are likely to be documented immigrants from central or eastern Mexico or Guatemala who seek shelter in makeshift rural camps. The majority of this population is single men, with families constituting only about 5 percent of the rural homeless population. Single Parents According to the 1990 Census, Vista had 2,626 female-headed households, of which 1,897 (72%) had children. Approximately 35 percent of the City’s female-headed households with children had incomes that fell below the poverty level. Childcare can be a significant drain on disposable income and an obstacle to meaningful employment by many women. Elderly An estimated 14 percent of the population is comprised of elderly persons, who typically require low-cost housing with easy access to transit and health care facilities. Seventy-eight percent of lower-income elderly renters and 44 percent of elderly homeowners experience one or more housing problems. Many of the City’s elderly reside in one of the twenty mobile home parks located in Vista. Military In 1990, there were 46,191 Navy families in the region with only 7,100 government-owned family housing units available. In response to this need, SANDAG’s Military Family Housing Task Force made recommendations and prioritized a list of sites that could be used for off-base military family housing. Homeless Estimates of the number of homeless in Vista range from 295 to 1,000, depending on the source. The Vista City Council has recently established a subcommittee to evaluate the nature and extent of homelessness in the community. The subcommittee will also be participating in a regional Task Force to establish a regional homeless shelter in Vista or in the surrounding County area. The shelter is proposed to include a variety of supportive service components to provide for transition to self-sufficiency. 1 I8 I I t I i I I ~ . .. ". -. - ." . . . . .. .. ~ - ~ ~ _" Analysis of Impediments to Fair Housing Choice Persons with Disabilities Persons with Physical Disabilities According to the 1990 Census, 5.9 percent of Vista's population may have a physical disability of mobility and self-care limitations. This segment of the population is increasing due to lower death rates and higher longevity rates resulting from advances in medicine. Housing opportunities for individuals with disabilities can be addressed through the provision of affordable, barrier-free housing. Rehabilitation can be targeted toward disabled renters and homeowners for unit modifications to improve accessibility. Accessible housing can also be provided via senior housing development. Persons with Mental Illness According to the 1990 Census, 1,050 adults in Vista suffer from persistent and serious mental illness. These persons have a substantial need for stable, decent housing. Approximately 80 percent of these persons have an annual income of $12,000 or less (according to San Diego Mental Health Services (SDMHS)). There is a limited range of community-based rehabilitative and supportive housing options for people not in crisis needing living accommodations. Persons with HTV Infection and AIDS/Other Transmittable Diseases I I Cumulative through December 30, 1998, 124 cases of AIDS have been recorded in the City. An estimated 57 persons are living with AIDS and approximately 300 may be infected with HIV. These persons require a broad range of services, including housing, health care, transportation and food distribution. Persons with Developmental Disabilities According to the State Department of Social Services, there are 24 community care facilities in Vista which serve the supportive housing needs of developmentally disabled persons, with the capacity to serve 152 clients. i I 1 I 1 I I I Persons with Alcohol and Other Substance Addictions The 1999-2004 combined Housing Element and Community Revitalization Plan assigns a high priority to addressing the housing needs of persons with alcohol and other drug addictions. The City provides funding for various programs including Casa Raphael, a residential facility for recovering addicts. Lead-Based Paint Needs Local data has confirmed the national survey results that the percentage of units containing lead increases with the age of the structure. While only 20 cases of childhood lead poisoning have been identified in Vista between 1992 and 1998, this low level of incidence is due primarily to the limited number of tests performed on children and the general lack of awareness of the issue, according to the County Department of Health Services. Vista has two building inspectors trained in LBP testing and abatement assigned to the City's housing rehabilitation, tenant-based rental assistance and homebuyer programs. Because of the relatively low exposure to lead-based paint in Vista, the City has assigned a Medium Priority to addressing LBP hazards. 26 Provided by the City of Vista. I___" .. 119 ” Fair Housing Council of San Diego ” Housing Market and Needs Analysis Demand for all housing units, as measured by vacancy rates, varies by community. The vacancy rate in 1995 was 7.3 percent, indicating a “renter’s market.” This number is expected to fall by 18 percent to 6 percent by the year 2020. There were 28,890 housing units in the City, this is expected to increase 25 percent to 36,256 units in 2020. Housing Needs As part of the Community Revitalization Plan of 1995-2002, the City identified the Vista Townsite Area as a neighborhood with a high degree of social and physical problems. The area is a 216-acre residential neighborhood in the center of the City which suffers high unemployment and poverty, high crime rate, low residential vacancies and significant unit overcrowding. The infrastructure is aging, including the street and sewer system. Because of the magnitude of need in the Townsite, the City focuses a large portion of its community development resources and activities in this area. In 1998, the City adopted a comprehensive Revitalization Strategy for the Townsite to combat the deterioration of the neighborhood. The Vista Townsite Area Partnership plays an instrumental role in implementing the strategy. There are a total of 18 mobile home parks in Vista, totaling approximately 1,78 1 mobile home spaces. The majority of mobile home occupants are either elderly on fixed income or other low- to moderate-income residents. The City has instituted the Mobile Home Park Accord to limit annual increases in space rents and has aided non-profits and tenants in the purchase of parks to provide greater control over rent increases. Affordable Housing The median-priced single family home in Vista (estimated at $175,000 for a single family home and $1 30,000 for a condominium) is well in excess of that which is affordable to low-income households ($136,300), and is targeted more toward moderate and upper-income households. Condominiums, however, do offer an affordable home ownership alternative for many low-income households, although typically might not be as well suited to families as single family homes. Public Assisted Housing There are no publicly owned housing units in the City of Vista. Vista has a variety of assisted housing units financed through federal, redevelopment set-aside and mortgage revenue bond funds. Assisted housing is not concentrated in any particular location, and in fact for the most part is located outside low- and moderate-Income areas. The City owns and operates a mobile home park, Sycamore Creek Mobile Home Park, which consists of a total of 1 17 spaces. Under this program, the City subsidizes the cost for City-owned rental spaces to maintain affordable housing. A substantial portion of the Park population consists of elderly, but the Park does not discriminate against families with children. Two other mobile home parks, Estrella De Or0 and Vista Manor, were purchased by Caritas, a nonprofit mobile home park owner with the assistance of the City. Estrella de Or0 has 107 units of which 20 percent are income-restricted to very low-income households (50% MFI), and IO percent are rent-restricted. Vista Manor contains 159 units and will have 70 percent of the units restricted to low-income households earning less than 80% MFI. P I 1 I I I I I 120 . . _. . . . . . . . _.. ~ ~ .. ._ . ~ __._ Analysis of Impediments to Fair Housing Choice Employment, Education and Transportation Trends Employment The top four categories of employment in 1990 were retail trade, service-related industries, manufacturing and construction. As of July 1998, the State Employment Development Department estimated the City’s unemployment rate at 4.4 percent,’ compared to a countywide unemployment rate of 3.9 percent. Between 1990 and 1995, employment within Vista grew by 28.2 percent, a faster rate than any other city in the San Diego region. A large portion of the growth is occurring in the manufacturing sector in the City’s business parks, and in the retail and service sector in the Downtown area. The types of jobs generated by these industries are typically not high paying, and many of the retail and service jobs may be part-time or minimum wage. Education Many of the schools in Vista are overcrowded. The elementary schools run on a year-round schedule. The school district lost a bond effort in 1999 but will probably try to get it passed again in 2000. If successful, the bond would fund the construction of about ten schools. If the bond fails, the schools may have to start double sessions, much to the dismay of many of the parents. Transportation Public Transportation is proGided by North County Transit. Currently, there are eight routes that serve Vista that stop at the Downtown Transit Center. In addition, there is a FAST system which provides door-todoor, transit on demand service in the Shadowridge area, and ADA Paratransit service throughout North County. Community input gained in developing the Community Revitalization Plan continues to indicate a need for public transportation particularly for youth, seniors and individuals with special needs. There is -a sense that existing community resources would be better utilized if the local transportation system was improved. In particular, seniors need transportation that provides door-todoor transportation for frail elderly. There are however no transit services geared specifically to non-frail seniors, although they are able to use the FAST. system along with regular transit service. Persons with disabilities have special transportation needs also, including buses and bus shelters designed to accommodate wheelchairs. The Vista Townsite area has a population that is much more dependent on public transportation, with up to 32 percent of residents reportedly relying on public transportation. Three bus routes serve the Vista Townsite Area. Recent development in industrial areas was concentrated in the southern portion of the City away from the primary locations of multi-family housing in central and northern Vista. There is a need either for increased transportation service between these areas and/or development of more affordable housing near the employment centers to provide better access for lower-income residents to the City’s major center of employment. The impression is that Vista needs expanded services that include building more bus stop facilities to accommodate expansion. Social Services . . The City of Vista’ provides funding for non-profit agencies engaged in social services through the CDBG program. Programs are monitored annually for compliance with accessibility requirements for federally funded programs. Almost all project locations are near public transportation (Fraternity House is located in the unincorporated area of the County). For additional information on the project funding for FY 2000-2001, see Appendix D. ~- Fair Housing Council of San Diego Landlord/Tenant Issues Housing discrimination complaints that involve already existing tenancies are increasingly brought to the forefront. These complaints are based upon alleged differential treatment with.regard to repairs and other rights associated with the tenancy, based upon race, gender, national origin, presence of children, disability or other "protected class" status. Recently, more cases of sexual harassment have emerged which involve various types of renters, including low-income females living in subsidized complexes. For more information, see Shellhammer v. Lewallen (W.D. Ohio 1983) 3 Eq. Opp. In House. Rep. (P-H) par. 15,472: aff d without published opinion (6* Cir. 1985) 770 F2d 167 Law) also DiCenso v. Cisneros (7* Cir. 1996) 96 F.3d. 1004. General confusion exists among consumers and owners as to the legal differences between landlordtenant matters and housing discrimination rights violations. Strong funded landlordtenant education services are needed to raise public awareness. Summary of Impediment Findings Documented Impediments via Audit, Cases Litigatedother Audit(s) There is no available audit information. In 1995, seven discrimination complaints were documented (by Heartland); five related to iace, one to age and one to national origin. Potential Impediments General Housing and Related Demographic Issues Growth rate of 100.6 percent between 1980 to 1990; by 1999, increased an additional 17.4 percent; between 1990 and 2020, expected to increase by 30 percent, representing a slowing in population growth reflecting 85 percent "built out" sta-trong fair housing education programs are needed for all housing applicants. Non-Hispanic Caucasians comprise largest group; largest minority concentration in the City is Hispanic. Need strong bilingual fair housing education programs. , There is no census tract in Vista that is exclusively one race; this indicates that there is no pattern of racial segregation based on exclusionary practices; there are 6 census tracts with minority concentrations, but they are not identified by one race. There is a need for strategies that will encourage deconcentration over the long term. High percentages of Hispanic population in low- to moderate-income census tracts and block groups demonstrates possible impediments to choice based upon income; however, some may have faced discrimination due to source of income or other discriminatory reasons. The City-owned mobile home park has a substantial population of elderly, but the park does not discriminate against families with children. Ideally, housing complexes should reflect population, proportionately to the population of the area. .. Protected Class Issues 26.5 percent of the population is under 15 years of age, indicating a high population of families with children; there are 2,626 female-headed households, of which 1,897 (72%) had children, 35 percent of these had incomes which fell below the poverty level. This group is "at risk" of facing discrimination based upon national and local studies, as well as anecdotal reports of familial status complaints in the region. 122 ~ . -. __ ~ Analysis of Impediments to Fair Housing Choice Persons with disabilities, including physical, mental, developmental, and substance abuse (where in recovery), are "at risk" of encountering housing discrimination. Discrimination in the mortgage lending and property insurance marketplace(s) on the basis of race and national origin (Hispanic) is documented through regional audits. This finding may impact mortgage loan and property insurance applicants who live in the City (see Chapter Four). Other anecdotal complaints of discrimination in housing opportunities indicate that most discrimination in the City and the region is allegedly based on race, disability, national origin, and familial status. The number of reported hate crimes is increasing in the region; hate crimes involving housing civil rights and fair housing are underreported. Such crimes create barriers to housing choice. A growing number of reported complaints alleging housing discrimination are based upon sexual orientation, sexual harassment and source of income. Research revealed no lawsuits initiated by: the State Attorney General, DOJ, HUD or the HUD Secretary involving the jurisdiction. There are also no reported allegations of "blockbusting" or "steering" violations in the jurisdiction. Research revealed no allegations or cases involving residential residency requirements, deed, restrictions or unreasonable occupancy quotas. There were no anecdotal accounts or allegations regarding appraisal, broker and multi-listinghnternet services; these may be underreported. It is believed that a direct correlation can be made between underreported areas and an uneducated population since many homeseekers are unaware of their rights in these areas. More research is needed to determine the nature and extent of such discrimination, if any. Little information on the issue of racial credit steering is available; more research is needed. Tenants, and some owners, are unaware of legal differences between landlordtenant issues and fair housing rights. This lack of public education serves as a barrier to housing choice. Recommendations for Fair Housing Action Plan The Fair Housing Planning Guide, Volume 1, HUD-FHEO recognizes that "the subject of community planning and development relate closely or overlap with several of those that are appropriate for AI examination ... The AI structure should provide for effective, ongoing relationships with all elements of the community with clear and continuous exchange of concerns, ideas, analysis, and evaluations of results." Accordingly, the jurisdiction's past and current Consolidated Plan, Housing Element and AI serve as excellent resource documents for identifying certain potentially "high risk" fair housing issues. These resource documents also identify "protected class" groups who are "at risk" because the potential exists that they will encounter housing discrimination during their search for rental, sales or financing of housing or homeowners' insurance. The jurisdiction currently uses the model of government-sponsored fair housing services where City personnel are assigned fair housing duties. A basic fair housing service program to "affirmatively further" fair housing in a jurisdiction should provide for activities in several primary areas, namely: 1. Diverse fair housing public outreach and education programs for housing consumers. Educational services should be directly related to the findings of audits and/or the frequency and nature of anecdotal complaints received in the jurisdiction 123 Fair Housing Council of San Diego 2. Educational and technical training assistance for housing industry professionals. This training may be accessed through many local programs provided by industry associations or fair housing agencies. 3. Discrimination complaint intake services which provide for intake, investigation, conciliation and enforcement referrals for bona fide complaints. 4. Other activities to assess and meet fair housing needs in a community should include the conduct of periodic audits to measure the levels of fair housing compliance within the rental, sales, property insurance and mortgage lending marketplace(s) in the jurisdiction. 5. The particular “protected class groups” which are most impacted, as shown by local audits or records, by any noncompliance with fair housing laws should be documented. Fair housing records should be maintained. 6. Fair housing laws change as they are interpreted by judges or as new laws and regulations are enacted. Therefore, all persons who are in a decision making capacity or who interact or have responsibilities where fair housing issues are concerned, (as with federal assistance housing programs, first time homebuyer programs, affordable housing and senior housing projects and other special housing programs) should receive basic fair housing training and periodic updates. 7. It is further recommended that all programs, projects and plans which have relevance or lend support to the achievement of fair housing goals be continued. Such projects include, but are not limited to: Job training programs for targeted neighborhood (high minority concentration) revitalization; Elimination of barriers to housing development through the revision of the present inclusionary zoning policy to increase the percent of affordable units from 6 percent to 15 percent and 0 Implementation of other programs of economic revitalization in targeted areas of minority concentration. All impediments, as identified in previously completed AIS, and not covered in this process but which remain unresolved, are incorporated herein by reference. Further, impediments which are deemed regional in nature and which require regional planning are outlined in Chapter Four. Most, if not all, regional impediments will impact or be reflected in the City to a greater or lesser degree. Such regional impediments should therefore be anticipated when establishing a fair housing plan. Time Frame City Council adopted Resolution 99-69 on May 25, 1999, approving the 1999 update to the Analysis of Impediments to Fair Housing Choice (AI). The intent of the update was to review the City’s Fair Housing Program in relation to impediments and experience in implementing the Fair Housing Program. The following summary identifies the activities of the Fair Housing Program and the actions taken to implement those activities during FY 1999-2000. *’ Impediments Found and Related Actions to Address Impediments The results from the Fair Housing Assessment are as follows: 1 I I I 1 I 8 I I ” Provided by the City of Vista. 124 I I __ ~ . ..._ . . . . . . ... ____ Analysis of Impediments to Fair Housing Choice Imuediment: The City has minority concentrations in six census tracts, however no one tract is exclusively one race or ethnic background. Three other census tracts are predominantly Caucasian non-Hispanic (80% or more). Action: The City provides affordable housing opportunities for low-income residents. The City targeted an area with the greatest amount of minority concentration, called the Townsite, and implemented programs for economic revitalization and development in this geographic area. The effect of these programs, citywide and in the Townsite, should eventually result in a greater amount of racial and ethnic diversity by providing more opportunities for minorities in predominantly Caucasian non-Hispanic census tracts and by bringing economic growth to areas of minority concentration. . A potential consequence of programs and activities in the Townsite that promote economic growth will be to revitalize the area, increase the median income, and attract a more diverse population. The following is a summary of housing programs and actions the City has implemented in FY 1999-2000. The Vista Home Ownership Program was revised and a contract with SER Jobs for Progress to administer the Program was implemented. The Program assisted two low-income clients with homebuyer counseling. The Mortgage Credit assisted ten families in becoming first-time homebuyers. HOME Tenant Based Rental Assistance (TBRA) provided rental assistance to 15 new households and 34 households total. The Countywide Section 8 Program administered by the San Diego County Housing Authority assisted 346 households. A program to rehabilitate an entire block of the Townsite called Vista ROC (Revitalize Our Community) provided rehabilitation of 22 homes utilizing over 600 volunteers in a oneday event. Imuediment: With the exception of census tract 193, lower housing values are found in tracts of minority concentration. Action: The City has targeted an area with the greatest amount of minority concentration, called the Townsite, and is implementing programs for economic revitalization and development in this geographic area. Housing. programs such as homebuyer and rehabilitation assistance will increase housing values in targeted areas by improving the condition of the assisted housing. A potential consequence of pride of ownership, as a result of homebuyer programs and improved homes through rehabilitation, is to encourage other neighbors to upgrade their homes. The development of mixed income housing .projects also promotes population diversity (see above). Impediment: There is a high degree of correlation between high levels of unemployment, low/mod income census tracts, and areas of minority concentrations. Action: In an effort to revitalize the Townsite and other low-income areas, the City has' implemented a Neighborhood Revitalization Strategy that will provide employment training and opportunities. The strategy includes the activities listed below. Comdeted activities: Completed land acquisition for the Vista Village Downtown Redevelopment Project with Section 108 loan to establish new businesses and develop 700 new jobs Continued support of the Vista Townsite Community Partnership, a community-based development organization, through funding for capacity building 125 Fair Housing Council of San Diego - ”” Established the Vista Employment and Training Center (VETC), a collaboration of SER Jobs for Progress, North County Council on Aging, Barbara Brown Center, Lifeline Community Services, Vista Adult Education and employers Planned Activities: Fund the North County Council on Aging project to train and employ low-income persons in the field of homemaking and elder care Fund Lifeline Community Services Project S.A.F.E. that provides training to persons with barriers to employment, such as disabled persons Build a food court in the Townsite Park and establish a micro enterprise loan program for new business owners; this project is in coordination with the Community Services Department, Code Compliance Division and the Vista Townsite Community Partnership Establish the Jefferson Street Center as a Townsite Area community center by continuing the process to build a new senior center, moving the present senior center and fieeing up the space for a community center; social services, educational classes, and employment opportunities will be offered in the new center Immdiment: The high percentage of Hispanic population in low/mod income census tracts and block groups demonstrates possible impediments to choice based on income. Action: In an effort to revitalize the Townsite and other low-income areas, the City has implemented a Neighborhood Revitalization Strategy that will provide employment training and opportunities. It is anticipated that housing and employment opportunities in low/mod census tracts will have an aggregate effect of increasing the median income in these areas (see above). It is anticipated that an increase in the median income, in areas with a high percentage of minorities, will result in drawing a more diverse population to the area. ImDediment: Public transportation provides access to most locations within the City and does not impede housing choice. Action: No action necessary Imuediment: An audit of twenty rental sites showed a low incidence of differential treatment based on race. Four out of the twenty sites had findings of disparate treatment. Action: The City conducted a landlord training as part of a conciliation agreement with DFEH. The City also conducted a fair housing training for Community Housing of North County residents of a transitional housing program. Residents receiving housing assistance through the City’s Tenant Based Rental Assistance Program are provided with a fair housing handout that includes information on the city’s fair housing program. The fair housing program policy is that when the City discovers an initial violation, training will be offered. If training is refused, or if violations continue the City will file a complaint with DFEH or refer the complainant to a private attorney. . Action: The City investigated 24 fair housing complaints. Of the 24 complaints investigated, 12 were resolved through the City, 6 were referred to an attorney, and 6 to DFEH. 1 126 .. ~ - ...... .- ." . .... .. . . . -. . . . . - - . " ". Analysis of Impediments to Fair Housing Choice Action: The City conducted 9 training sessions through the North San Diego County Association of Realtors new member orientation seminars. Training included information on where to go if the realtor has a suspicion that any denial for a loan or insurance is based on a discriminatory practice. Imwdiment: Hispanics are denied residential mortgage loans 47% more than Caucasian non-Hispanic individuals in Vista. The denial rate for three census tracts with minority concentrations was even higher. Actions: (see actions above) ImDediment: Under zoning code development standards, Residential Care Homes with more than six occupants are required to have a Special Use Permit in residential zones. Action: The City has reviewed this issue and has no plans for a revision of this standard. However, Special Use Permits for group homes are permitted with consideration given to concentrations of group homes in the proposed area and health and safety issues. Action: The City will continue to provide information to all appropriate employees about fair housing in order to facilitate complaint processing by the City, and develop awareness of fair housing as it relates to zoning, planning, code enforcement.and community and economic development. The City completed Fair Housing Training for the Code Enforcement Department and the Building Department. The City also developed a fair housing protocol for the Civil Abatement Task Force and trained Sheriffs Department personnel involved in the Crime Free Multifamily Housing Program. The City reviewed the Sheriffs Department Crime Free Multifamily Housing Program handouts and curriculum in relation to fair housing issues. Other Actions to Address Impediments In order to provide long-range and ongoing awareness about fair housing, the City will conduct an annual fair housing poster contest for elementary school students, which will include classroom presentations and the distribution of a fair housing video. The City completed the 2000 poster contest coinciding with National Fair Housing Awareness Month. Staff provided presentations to over 1,000 students. City staff serves on the Fair Housing Resource Board (FHRB), a regional fair housing forum for agencies, organizations and interested citizens. The FHRB provides an opportunity to network with other fair housing agencies, share information, coordinate enforcement efforts, and implement regional solutions dealing with discrimination in housing. As Chairperson of the Fair Housing Resource Board, the City's Fair Housing Program Administrator was instrumental in the implementation of a Regional Analysis of Impediments to Fair Housing Choice that is inclusive of all jurisdictions in the County. 127 Fair Housing Council of San Diego ”- Analysis of Categories with Regional Impact Employment, Education and Transportation Trends Employment The following quotations are from INFO, a newsletter of SANDAGISourcePoint. “After nearly two decades of economic stability, the San Diego region experienced a recession that deeply impacted the structure of the local economy. The recession that began in 1990 turned out to be, for this region and for California, the worst recession in the last 50 years. As a result of defense industry cutbacks, the loss of numerous major financial institutions, and the real estate downturn, the San Diego region experienced a significant loss of employment opportunities and witnessed the departure of many long-time residents once employed in these industries. At the root of the local recession is the basic restructuring of the San Diego area’s economy. The restructuring, which cost the region thousands of high-paying jobs and many of the businesses that created them, continues, even as the economy recovers. The San Diego region is transitioning into what can be referred to as a modem, export-driven economy. This transition makes it clear that the San Diego region must now look deeply at the fundamental structure of its economy and determine what direction it will take into the 2 f‘ century.” “Between 1990 and 1995 the San Diego region experienced a slight net loss of nearly 9,000 jobs, for an average annual decrease of two-tenths of one percent. However, this net loss actually reflects a recovery from the recession of the early OS, when the region lost about 20,000 jobs between 1990 and 1993. The San Diego region 1995 total employment estimate is 1,186,837, including 101,890 military and 95,647 self-employed and domestic workers. Although the increase of jobs in the region surpassed the increase in the region’s population in 1995, this trend did not continue?’ In 1996, the annual increase in population (25,700 people) was slightly higher than the increase in employment (20,500 jobs).” “Jurisdiction Employment: Civilian employment for the region grew by nearly 245,000 jobs between 1980 and 1990. The region lost and then regained jobs between 1990 and 1995. This recovery was not evenly spread across the region, however, with eight jurisdictions showing a decline in employment between 1990 and 1995. Three jurisdictions-Vista; Poway and Carlsbad-showed significant gains in employment during the five-year period. Average annual increases in those jurisdictions were between four and five percent. Carlsbad and Vista (along with San Marcos) also experienced the strongest employment gains over the 15 year period between 1980 and 1995, with average annual increases of about six percent.” 30 “In the San Diego region, 16 industry clusters serve as the engines of the local “The San Diego region is restructuring into a ‘Modern Export-Driven Economy. The sixteen export-oriented industrial clusters play a fundamental role in the local economy and are emerging as the engines of economic activity, capable of providing a rising standard of living for the San Diego region. 28 INFO November - December1 997, p.2 ” July population estimates from the California Department of Finance are used in comparison with average annual employment, ’O INFO May - June 1998, p. 5 ” One of the 16 clusters is a Uniformed Military cluster. It is export-oriented because it brings in significantly more tax dollars than the region pays. Because the information we have on the Uniformed Military cluster is more limited than the other clusters. it has been excluded from further analysis in this report. In 1996 there were approximately 94,000 people employed by the Uniformed Military cluster in the San Diego region. estimates from the State of California Employment Development Department. 128