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HomeMy WebLinkAbout2003-04-15; Housing & Redevelopment Commission; 356 Exhibit 2; Carlsbad Public Housing Agency Annual Plan FY 2003.... .. . _. " .._. . . ." ... . ". ..... - ... ~ Analysis of Impediments to Fair Housing Choice Transportation Networks The 2020 RTP is based on the 2020 CitiesKounty Forecast, which extends to the year 2020. Through the year 2020, the region's total population will increase from 2.9 to nearly 3.85 million residents. Housing will total approximately 1.4 million units and civilian employment will exceed 1.6 million jobs. As shown in the figure below, travel is projected to grow at a higher rate than either population or employment. Over sixty percent of the population growth is forecasted to come from natural increase - more births than deaths. In the 198Os, only one-third of the region's population growth was the result of natural increase. Per capita income is expected to increase over the next two decades to more closely mirror the national figure. 300 250 0 1975 1980 1985 1990 1995 2000 2005 2010 2015 2020 *Travel "0- Employment "0- Population Figure 11: Travel, Employment and Populatiod* .. Travel Behavior Over the next 20 years, the region will grow by another one million people. This growth will inevitably result in more traffic. The current RTP, adopted in December 1996, sets forth various objectives designed to preserve the region's quality of life and maintain the mobility needed for a strong economy. These include achieving an average home-to-work travel time of less than 30 minutes and insuring that no more than 50 miles of the region's 300-plus mile freeway system is heavily congested by the year 2020. However, despite the addition of new capacity to our transportation system, worsening traffic congestion appears to be a continuing trend. Over the past 20 years, demographic and economic changes have resulted in more trips, more vehicle miles traveled and longer commutes. No one or two solutions can keep pace with the region's population growth, the desire to drive and the expanding regional economy. In addition, as the region develops, there will be less flexibility to build new freeways and transit routes as the primary response to the demands for increased travel capacity. Meeting the region's travel needs should involve other strategies that help to influence travel behavior and can help minimize peak period traffic congestion. 3- 32 Travel is measured as daily vehicle miles traveled. Source: SANDAG Regional Information System. " , 129 ___ - Fair Housing Council of San Diego “ ”_ Regional Transportation Planning Goals Transit trips are forecast to more than double between 1998 and the year 2020, but still comprise about two percent of the total trips made in the region. However, transit travel is significant in some areas, with transit trips into Centre City approaching 15 percent of the total Centre City person trips during peak hours. The connecting factors between employment, transportatiodtraffic and fair housing trends are best articulated in a Needs Assessment conducted by SANDAG. In the fall of 1998, SANDAG conducted a public opinion survey to assess attitudes on a variety of topics. When asked to name the biggest problems facing the region, more people ranked growth or traffic as the number one’ problem than any other topic. There is a growing awareness that the conventional way in which we locate our homes, businesses and public building has been a major contributor to traffic congestion. The design of all but our oldest neighborhoods has forced most of us to make nearly all of our trips, and our children’s trips, by car. Out of this awareness has come the idea that congestion could be reduced if there were a better balance of jobs and housing and a mixture of uses in each community. This is the essence of smart growth. Housing Redevelopment and NIMBY (Not-In-My-Backyard) Issues The opinions expressed below are those of a local attorney and housing redevelopment advocate, Catherine Rodman, Esq., who monitors Community Redevelopment Law’s (CRL) affordable housing obligations in San Diego and who was interviewed as part of this analysis. Excerpts from that interview follow. PROMPT: Please describe the availability and level of participation in programs sponsored by the County of San Diego that are designed to rehabilitate the current stock of multi-family and single family units. ANSWER: “The restrictions placed on land use, allowable density and product type have severely .limited housing opportunity. City planners and elected officials have created a model of suburban planning that does not include new multi-family units. As a result, a social mind-set has developed among suburban residents that disfavors building new units in their communities. It is assumed among suburban residents.that the introduction of new units will automatically and unavoidably increase crime and traffic while lowering property values. This NIMBY reaction contradicts the findings of numerous studies that disprove NIMBY assumptions. Healthy urban development must include preservatiodconservation of the current housing stock. Upgrading of the current stock should also take place while at the same time adding new construction. Currently, the only available tools for improvement are rehabilitation programs. These programs do not increase housing opportunity. The programs are targeted for traditionally low-income communities. The rehabilitation programs do not increase the availability of new units, the programs simply maintain the same traditional housing patterns. Rehabilitation is a mechanism to avoid the integration of new construction into suburbia.” 130 . " . - - . .. .. . ._ .. .... - ._ ... ". .. __ ~ ". " .. . . .. ... . .. . . . . . . . - ... ". Chapter 4 Current Fair Housing Profile-Regional Introduction A jurisdiction's or region's fair housing profile, according to the HUD Advisory Letter, should provide information on the existence of fair housing complaints filed in the jurisdictiodregion and also the discrimination suits filed by the Department of Justice or other enforcement entities, including HUD. Fair Housing audits and testing regimens conducted in,the jurisdiction also provide insights regarding the levels of fair housing compliance, or lack thereof, in the region.. The analysis presented here will incorporate discrimination complaint data from sources including the fair housing records of Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, the City of San Diego, Santee and Vista. The following terms may be helpful in a review of the audit findings being discussed herein. Glossary: Audit Test: Geographical areas or randomly selected housing providers who are targeted to have testers monitor general compliance with fair housing law through the conduct of field site visits. Complaint-Based Test Specific sites selected to collect evidence in connection with a complaint filed by a bona-fide homeseeker. Methodology: Activities, studies, testing document review and a range of other inquiries undertaken to measure levels of fair housing impediments. Paired Test A paired test consists of a "protected class" (i.e. minority) tester and a control tester (i.e. Caucasian) who are portraying identical housing needs. Protected Class: Federallydefined groups including: Race, Color, National Origin, Religion, Sex, Disabled, ' Familial Status, et al, who are "protected" under law against housing discrimination. Disparate and/or Differential Treatment Actions that clearly show a difference in treatment between the control tester and the tester who is a member of a protected class. Conciliation: A process of bringing complainant and respondent together for the purpose of resolving a bona fide housing discrimination complaint. A conciliation should be conducted by trained, knowledgeable fair housing professionals. National and Regional Fair Housing Audits "On August 29, 1991, the Department of Housing and Urban Development (HUD) released the Housing Discrimination Study, the first national audit of housing discrimination since 1979. Secretary Jack Kemp praised the report, which was completed prior to the final implementation of the Fair Housing Amendments Act of 1988, as 'an important benchmark in the Bush Administration's efforts to eliminate racial and ethnic discrimination in the Nation's housing market.' 'The study will be a valuable tool in measuring our success in vigorously enforcing the new Fair Housing Act, which is one of HUD's top priorities under President Bush,' Kemp said. ”_ Fair Housing Council of San Diego ” ” The study, conducted for HUD by the Urban Institute and Syracuse University, examines the level and forms of discrimination experienced by black and Hispanic Americans in purchasing and renting housing in metropolitan areas, It is the first nationwide measurement of housing discrimination against Hispanic Americans. Overall, the incidence of housing discrimination was estimated at 56% for black renters; 50% for Hispanic renters; 59% for black homebuyers; and 56% for Hispanic homebuyers. Other key findings include: 0 ‘Door slamming’ - the outright refusal by real estate agents to show an advertised house or apartment to a minority tester-ccurred in only 6 to 7 percent of the cases; ‘Steering’-referring minority homeseekers only to predominantly minority neighborhoods was almost non- existent. The results are based on 3,800 audit conducted in 25 metropolitan areasduring the late spring and early summer of 1989. The study focuses on unfavorable treatment of black and Hispanic Americans at various stages in the housing search, from housing availability to final negotiation of lease or purchase “Since 1993, HUD has received nearly 44,000 fair housing complaints and has helped obtain over 51 50 million in settlements and court judgments in housing discrimination cases. This year HUD has also obtained commitments from lenders to make over $3 billion in home mortgage loans to minorities and low-income families to settle accusations of housing discrimination. As part of his One America Initiative, President Clinton directed Cuomo to double enforcement efforts brought against perpetrators of housing discrimination by the year 2001. HUD has already doubled its enforcement actions to a rate of 60 to 70 a month, compared with less than 30 enforcement actions per month during the Clinton Administration’s first term. Cuomo said HUD will be able to continue moving aggressively against housing discrimination as the result of an increase in the budget of its Office of Fair Housing and Equal Opportunity from 530 million in the 1998 fiscal year to $40 million in the current fiscal year.”” Regional Issues Advertising Policies and Practices Background Advertising is a threshold issue of fair housing. Housing consumers rely heavily upon advertisements, and their interpretations of what appears in print or images, when making housing choices. Afirming the significance of advertising policies and practices to fair housing, Section 3604 (c) of the Fair Housing Act makes it unlawful ... to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. .. What is prohibited? . 0 Discriminatory advertising by owners or realtors who place ads, by companies that design ads, by newspapers that publish ads ” Housing Discrimination Studv, prepared by The Urban Institute and Syracuse University, June 1991 34 HUD Press Release No. 98-628. November 25, 1998 132 Analysis of Impediments to Fair Housing Choice e Discriminatory statements by housing providers, realtors and managers, including verbal as well as written .............................................. ~ .. - - -. . . . "_ statements, steering and restrictive covenants Exemptions: There are no exemptions for the discriminatory advertising prohibitions under 3604 (c). The exemptions for owner-occupied dwellings of four units or less found in 3604 (b) do not apply to discriminatory advertising. Types of Discriminatory Advertising: Words or phrases, logos, symbols, human models of one race, advertising in selected media. For a review of case law covering fair housing advertising, see Appendix E. Advertising Audits Proactively, in 1995, the Fair Housing Council of San Diego conducted a survey of real estate publications in San Diego County to determine the level of compliance with federal and state advertising laws. The survey covered the period from April through August 1995 and included five major publications that advertise housing for rental andor sale in San Diego County. Researchers examined 2,393 pages of real estate advertisements that included 9,015 photographs. Although discrimination-free advertising in the area is yet a goal to achieve, the survey results showed that there was an increase in compliance with the mandates of federal and state fair housing laws over previous reports. For example, the survey results indicated that some publishers were using equal opportunity logos in many of their ads. They revealed also that most advertisers were not using photographic models in their real estate advertisements and, when they were used, they were approaching a proportional relationship to the ethnic diversity of San Diego at the time. In 1995, under a HUD-funded Fair Housing Initiatives (FHIP) grant, the Fair Housing Council of San Diego established the San Diego Advertising Task Force, which is a voluntary coalition of professionals in advertising and housing industries committed to promoting equal-opportunity housing advertising throughout San Diego County. The mission of the Task Force is to: Encourage advertisers and housing professionals to implement creative marketing strategies directed toward attracting greater minority participation in the local housing market by demonstrating how to employ marketing techniques known to successfully attract minority consumers and illuminating the economic benefit of doing so The Task Force meets quarterly to discuss fair housing advertising practices and to participate in training activities on issues of diversity and other topics. See Appendix F for the Advertising Task Force Roster. Since the establishment of the San Diego Advertising Taskforce, there has been an abatement in discriminatory advertising for housing. Professionals in the advertising and housing industries are recognizing not only the dire financial consequences of violating Section 3604 (c), but also the good business aspects of tapping into the complete population of potential housing consumers. They are thus increasingly seeking out information on how to reach diverse markets, and are adjusting their policies and practices accordingly. Affirmative Marketing Agreements Voluntary Affirmative Marketing Agreement (VAMA)" Building Industry Association Background Section 809 of Title VI11 of the Fair Housing Act states that "(The HUD Secretary) shall call conferences of persons in the housing industry and other interested parties to acquaint them with the provisioxk of this title and suggested means of implementing it, and shall endeavor with their advice to work out programs of 133 ~ Fair Housing Council of San Diego ”- - voluntary compliance and enforcement” (42 U.S.C. Sec. 3609). Under this authority, HUD entered into a Volunteer Affirmative Marketing Agreement with the National Association of Home Builders WAHB) in January of 1995. The agreement states its commitment to further fair housing for all through programs of affirmative marketing, outreach and education. In addition to I”D and the NAHB, the parties to the agreement include those Builders Associations who elect to adopt it, and the signatories include individual members and member firms of those Builders Associations who wish to participate. The NAHB is responsible for publicizing the. purpose and provisions of the VAMA, for promoting the adoption of the agreement by Builders Associations and their members, and for engaging in ongoing dialogue with national associations of minority real estate agents and brokers. Under the VAMA, the NAHB is also committed to develop training andor educational materials pertaining to fair housing for Builders Associations and for protected classes, as well as to distribute publications to assist in implementing affirmative marketing, fair housing training programs and programs designed to attract persons of protected classes into the building industry. The Building Industry Association of San Diego County has elected to participate in the Volunteer Affirmative Marketing Agreement. As a signatory, the BIA commits to the following: a. b. C. d. e. f. g. h. To include an official Fair Housing and Equal Opportunity logo at least %” x X” on all brochures, pamphlets, posters, billboards and classified advertising of four column-inches or larger. Advertising less than four columns should use the Equal Opportunity slogan. To represent both majority and minority groups whenever models are used in display advertising, brochures, pamphlets, etc. To display and maintain the HUD Fair Housing Poster in all places of business where a dwelling is offered for sale or rent, including model homes. To assure that affirmative marketing activity is directed toward all segments of the population, and that efforts are directed toward those that are not likely to seek the marketed housing without special outreach: e.g., to racial minority groups for housing in predominantly non-minority areas. To maintain a record of advertising and outreach actions taken that demonstrate efforts to increase sales or rentals to members of minority groups. To maintain a non-discriminatory policy in the recruitment and employment of staff engaged in the sale and rental of properties. To designate an Equal Opportunity Officer charged with administering the activities required of the Signatory by VAMA. To report to the BIA concerning affirmative marketing efforts and results. Other Affirmative Marketing Programs Under Housing and Community Development programs of the County of San Diego, the Affirmative Fair Housing Marketing Program (AFHMP) operates to assure affirmative marketing by area developers. The Affirmative Fair Housing Marketing Program (AFHMP) was established by Resolution No. 76, adopted by the San Diego County Board of Supervisors on December 13,1977. The purpose of the AFHMP is to promote a condition in which individuals of similar income levels in the same housing market area have available to them a like range of choices in housing, regardless of race, color, sex, religion, national origin, ancestry or marital status. To attract prospective buyers or tenants, who normally would not apply for housing because of factors such as neighborhood racial barriers, developers should conduct a special kind of marketing called outreach. 134 Analysis of Impediments to Fair Housing Choice , . , __ ___ , , . , ,,.. . ,,. . _.. . ". __. ~ ... .. Rental Housing The Civil Rights Act of 1866 (supra), The Civil Rights Act of 1871 (supra), and The Civil Rights Act of 1968 (Title VII) and the Fair Housing (Amendments) Act of 1988 These are laws which prohibit discrimination in the rental of housing accommodations, and in terms, conditions, privileges, services Qr facilities based on: race, color, religion, sex, national origin, familial status or disability (including physical and mental disability, alcoholism and drug addiction not resulting from current abuse of controlled substances). There are, according to documents reviewed for each jurisdiction, approximately 404,710 rentersccupied units in the region, versus 382,480 owner-occupied units. Most reported allegations of housing discrimination originate from renters. The methodology used to determine the levels of housing discrimination among renters is outlined below. Methodology (for Rental Testing) Definition Testing is an objective means of determining how individuals are treated in the housing marketplace. Paired individuals, called testers, simulate a housing search in order to collect data about that experience. Paired testers are identical in their qualifications; they have comparable careers, incomes and rental histories, except that testers who are members of a protected class are slightly more qualified. A paired test consists of a protected category tester and a control tester who are portraying identical housing needs. Testing is designed to hold all variables constant except for a person's membership in a protected class. By holding all other variables constant, testing eliminates other variables that might lead to difference in treatment, except for the tester's membership in a protected category. The use of testing as an investigative method has been upheld by the United States Supreme Court (Havens Realty Corp. et. al. v. Coleman et. al., 1981). Past Audits The following table displays the type, location and results of audits involving rental housing in the San Diego area. " " 135 Fair Housing Council of San Diego Figure 12: San Diego Area Rental Audit Results Audit Date City Protected Class Results General Carlsbad Residents were polled, no conclusive results for discrimination La Mesa No available audit results National City No available audit results Santee No available audit results . . ~ _-_ ~ ~ Urban League Rental 1988 San Diego African American 40% disparate treatment FHCSD Rental 199 1 San Diego African American 45% disparate treatment FHCSD Rental 1992 Chula Vista National Origin (Hispanic) 60% disparate treatment FHCSD Rental 1993 Chula Vista African AmericanFamilial 70% African American, 50% ." - - ". -. ~ "._."""...I ~ "_ _. . ". "_ Status Familial Status disparate treatment HHRA Rental 1994 Vista African American 20% disparate treatment HHRA Rental 1995 Encinitas Familial status 29% disparate treatment HHRA Rental 1995, Escondido African American 5% disparate treatment City of Oceanside 1997 Oceanside HispanidAfrican American 70% disparate treatment 1998 Oceanside HispanidAfrican American 58% disparate treatment . __ ." ~ __ __ . - - - ... . "" - - "" .- ~". " ..~ - "_ ~ - "_ HHRA Rental 1999 El Cajon Hispanic/Familial 10% Familial status, 5% Hispanic, StatusRace 45% African American disparate treatment . __ - "_ ~ "_ ~ ~ HHRA Rental 2000 Escondido Hispanic Low incidence of differential treatment Sale of Existing Housing The Civil Rights Act of 1968 (Title VII) and the Fair Housing (Amendments) Act of 1988 ... prohibit discrimination in the sale of housing accommodations, and in terms, conditions, privileges, services or facilities based on: race, color, religion, sex, national origin, familial status or disability (Includes physical and mental disability, alcoholism, drug addiction not resulting from current abuse of controlled substances) ... Except for the information below concerning the City of San Diego, no data was found to measure discrimination in sales from any other jurisdiction. As part of the 1993-1994 contractual agreement between the FHCSD and the San Diego Housing Commission, the FHCSD conducted a fair housing sales audit. The purpose of this audit was to examine, for the first time in this city, the experience of African American individuals ostensibly pursuing the initial steps of purchasing a home. Methodology .. Testing was conducted at both independent real estate ofices and new home development sales offices, selected throughout various areas in San Diego. The comparison of experiences of protectedclass testers (African American persons) against control testers (Caucasian persons) sought to measure consistency of treatment during the initial stages of home purchasing. Thirty-five sites were selected within the San Diego communities immediately north and south of Interstate 8, extending westward from the college area. Additionally, coastal areas north of Interstate 8 and northern 1 I I 1 I I 136 . . . . . . .. . . . . . , - .” -. .. . .. .. , .. __ ~. __ Analysis of Impediments to Fair Housing Choice central areas were also selected for the tester teams to visit. All independent real estate companies selected were members of the San Diego Realtor’s Association. The site size does not warrant definitive conclusions regarding a statistical representation of housing discrimination. However, measuring housing discrimination is not like gathering other statistical data, which is judged to be significant once it reaches a certain incidence rate; rather, it should be recognized. that any incidence rate of discrimination is important to document. Each act of verified discrimination constitutes a violation of law and the civil rights of the consumer. All of the agencies found to be discriminating were contacted for follow up and offered training. Figure 13: San Diego Area Sales Audit Results Audit Date City Protected Class Results FHCSD Sales 1994 San Diego African American 43% disparate treatment Lending Fair Housing Act Also known as the Fair Housing Amendments Act, Title VIII of the Civil Rights Act of I968 prohibits discrimination in lending (24 C.F.R. $100 et seq.; 42 US. C. $3601 et seq.) According to a recent report published in the Sun Diego Union-Tribune ... Discrimination against black and Hispanic homebuyers has worsened as the economy has strengthened, two reports released by the Clinton administration show. In the face of ‘a great economy, a great Dow Jones, discrimination is getting worse,’ said Housing Secretary Andrew Cuomo at a new conference earlier this month where he introduced the reports. Blacks were twice as likely as whites, and Hispanic-Americans were 1% times as likely, to be denied a conventional, 30-year home loan last year, according to one of the two studies, by the Association of Community Organizations for Refonn Now, a housing advocacy group with branches in most big cities. ACORN, as it is known, reported that disparities in rejections have worsened.since 1995. The second study, by the Urban Institute, a nonpartisan research organization based in Washington, showed that discrimination was the reason for the disparity, said Cuomo, whose agency commissioned the study. The institute looked at testing done by the National Fair Housing Alliance, which focused on the cities of Atlanta, Chicago, Dallas, Denver, Detroit, Oakland and Richmond, Va. Pairs of whites and minority group members, each pair with the same incomes, assets and jobs, credit histories and neighborhoods, were sent out to seek mortgages from lenders throughout the nation. ‘Overall, minorities were less likely to receive information about loan products, received less time and information from loan officers and were quoted higher interest rates in most of the cities where tests were conducted,’ the study said. ‘And the only difference is the color of their skin,’ said Cuomo, who presented the studies as part of an effort to press his case for increases in money to enforce the Fair Housing and Equal Opportunity law? 35 ,The Son Diego Union-Tribune Sunday, September 26, 1999 by Peter T. Kilborn, New York Times News Service. 137 I_ Fair Housing Council of San Diego " "_.__ Mortgage Lending Testing Audit In order to facilitate the objective and reliable analysis of Home Mortgage Disclosure Act (HMDA) data and provide a backdrop for the desired mortgage lending test. The FHCSD contracted with a professional with expertise in the field. The report follows. Study Objectives The Fair Housing Council of San Diego commissioned this study in order to evaluate I"DA reportable lending activity within San Diego County. Eleven cities served as the focus of the analysis: Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, the City of San Diego, Santee and Vista. Data analysis for the Urban County of San Diego from a recent study was also incorporated. The analysis spanned five years of data (19941998). The study objectives included: Analysis of the denial rates by ethnicity; 0 Analysis of the denial rates by ethnicity and income; 0 Report of total dollars originated by lender and top lenders by city; Analysis of total dollars originated by ethnicity. Generally, the analysis will provide a review of the private sector home mortgage lending to minorities and low-income residents throughout the region. HMDA Data HMDA Loan Application Register (LAR) data was supplied by the City-County Reinvestment Task Force for the years 1994 through 1998. There are two categories of institutions that are required to report HMDA data: Depository institutions such as banks, savings associations, and credit unions; and Nondepository institutions like for-profit mortgage lending institutions (other than banks, savings associations, or credit unions). The depository and nondepository institutions must meet certain reporting criteria before they are required to complete a HMDA Loan Application Register listing data about loan applications received, loans originated and loans purchased. If a nondepository institution responds 'YES' to questions 1 and 2 below, and 'YES' to at least one question in 3 and 4, then HMDA applies to the institution's loan originations, purchases, and applications in the current calendar year. A negative response to either questions 1 or 2, or to all the questions in 3 or 4 exempts the institution from filing HMDA data for the current calendar year. 1. 2. 3. 4. Is the nondepository institution a for-profit lender? In the preceding calendar year, did the institution's home purchase loan originations (including refinancing of home purchase loans) equal or exceed 10 percent of its total loan originations, measured in dollars? Did the nondepository institution either: (a) have a home or branch office in an MSA on the preceding December 31 or (b) receive applications for, originate or purchase five or more home purchase or home improvement loans on property located in an MSA in the preceding calendar year? Did the nondepository institution either: (a) have assets (when combined wjth the assets of any parent corporation) exceeding $'lo million on the preceding December 3 1 or (b) originate 100 or more home purchase loans (including refinancing of home purchase loans) in the preceding calendar year? 138 . ... . . . - - .. -. . . . . .- ._ - __ ~ ~ Analysis of Impediments to Fair Housing Choice Geographic Definitions Data from the HMDA LAR is supplied at the census tract level. To calculate the HMDA lending activity for a specific city, the census tracts are selected when the centroid falls within the city boundary. Additional census tracts are then selected to create contiguous areas. The following map highlights the selected census tracts by city used in the study. Figure 14: Census Tracts by City Individual HMDA LAR records for the years 1994, 1995, 1996, 1997 and 1998 were geocoded based on the census tract. Once geocoded, the application records were selected if the census tract fell within the city boundary. " "_ - 139 Fair Housing Council of San Diego "- "_ Key Findings 1. From 1994 through 1998, denial rates for minority-defined applicants (all non-Caucasian) declined. El Cajon was the only city to remain at or increase in the percent of loans denied to minority applicants in 1998. The following chart summarizes these findings. I The following chart summarizes these findings. 60% 20% 10% 0 T I- " Figure 15: Denial Rates for Minority-Defined Applicants, 1994-1998 San Carlsbad Chula El Cajon Escondido La Mesa National Oceanside Santee Vista Diego Vista City I Figure 15: Denial Rates for Minority-Defined Applicants, 1994-1998 I- " 140 Analysis of Imuediments to Fair Housine Choice 2. The percent of denials to African Americans and Hispanics declined, while the percent of denials to "Others," Asians and Native Americans increased from 1994 to 1998, as shown in the following table. Figure 16: Applicant Race by Year Applicant Race *Year Cross Tabulation I I 19951 'Tot; 19981 19971 19961 Applicant Native American . Coun 115 Race 65 281 108 153 0.8% 0.99 1.2% 0.6% 0.8% Asian 1,007 7.09 7.1% 7.0% 6.9% 6.71 % within counl Year 5,22 1,721 1,211 1,290 1995 Race 65 281 108 153 Applicant Native American . Count 115 Tot; 1998 1997 1996 Yo within Year 0.8% % within Year 100% 100% 100% 100% 100' Total Count 15,016 18,568 17,305 24,341 75,23 % within Year 2.0% 2.4% 4.1% 5.5% 3.71 Other count 307 45 1 71 1 1,348 2,81 67.39 65.9% 67.2% 68.6% 68.0% % within Year 50,61 16,042 1 1,627 12,742 10,207 Caucasian count 16.14 15.5% 16.2% 16.0% 17.0% YO within Year 12,11 3,785 2,795 2,974 2,557 Hispanic Count 5.04 4.8% 4.9% 5.2% 5.5% % within Year 3,79 1,164 853 958 823 African American Count 7.09 7.1% 7.0% 6.9% 6.7% % within Year 5,22 1,721 1,211 1,290 1,007 Asian Count 0.99 1.2% 0.6% 0.8% African American Count 67.39 65.9% 67.2% 68.6% 68.0% % within Year 50,61 16,042 1 1,627 12,742 10,207 Caucasian count 16.14 15.5% 16.2% 16.0% 17.0% YO within Year 12,11 3,785 2,795 2,974 2,557 Hispanic Count 5.04 4.8% 4.9% 5.2% 5.5% % within Year 3,79 1,164 853 958 823 Other Total Count 15,016 18,568 17,305 24,341 75,23 % within Year 100% 100% I 100% 100% 100' 141 Fair Housing Council of San Diego 3. Statistically there are significant differences between the number of loans approved and those denied when comparisons are made between Caucasian borrowers and minority borrowers. The following chart and table summarize the 1998 Percent of Loan Applications Denied, by race. As shown in the following chart, Native Americans, Hispanics, African Americans and ''Others'' applicants are consistently denied proportionately more then the other groups. Figure 17: Denial Rate by Ethnic Group " I-"'" I 70% 60% Carlsbad Chula El Cajon Encinitas Escondido La Mesa , National Oceanside Santee san Diego vista Vista City - Native American I1 Asian Afican American - Hispanic - White - Otha - Total Denied Figure 18: Denial Rate by Ethnic Group, Percentages .. Carlsbad Chula El Cajon Encinitas Escondido La Mesa National Oceanside Santee San Vista Vista City Diego Native American Asian . 11.2 17.9 17.6 9.8 17.2 14.1 18.5 18.9 17.4 16.4 17.1 African American .. Hispanic 19.7 24.0 25.4 21.6 19.5 16.9 35.5 18.1 19.5 25.0 24.7 Caucasian 1 1.2 15.9 17.7 12.7 13.6 12.2 28.5 13.0 14.5 12.7 15.5 Other 21.0 45.8 47.1 26.6 ' 40.2 17.8 68.0 39.0 45.5 37.0 40.7 15.0 54.3 20.7 26.1 26.7 30.0 71.4 29.2 53.3 32.9 33.3 19.2 23.0 29.0 20.0 24.7 24.4 44.4 20.6 17.4 29.4 27.6 I I I 1 I I I I 142 . - .... . -. . ". " ." . - " _- "- ~ I"."-. Analysis of Impediments to Fair Housing Choice 4. Based on the HMDA data available from 1994 to 1998, over 52 percent of loans denied Countywide were denied for debit-to-income ratios or credit history reasons. The following chart summarizes the denial reasons for 1998. " Figure 19: Denial Reasons for 1998 Total Applications E3 17.2 E Employment History rn COllltcnl Insufficient Cash-Down Payment or Closlng Costs E Undiable Infoinwion Credit Application Incomplete 5. Low- and moderate- income non-Caucasian applicants are denied loans at a higher rate compared with Caucasian applicants within the same income level classification as shown in the following graph. 90 " "" Native Asian African Hispanic Caucasian Other Total American American Applicants .. 1 Low-Income Moderate-Income Figure 20: Denial Rate by Income Level Classification and Ethnicity Fair Housing Council of San Diego This research does not suggest [standing alone] that there is any broad-based discrimination by lenders in San Diego County. It is important to note that lenders often have very complex and different underwriting standards that would suggest that broad-based conclusions regarding discrimination may be misleading and should be studied at the individual lender Past Testing for Mortgage Lending- Neighborhood vs. Racial Discrimination The FHCSD was the recipient of two FHIP Grants to support the formation of the FHCSD Mortgage Lending and Property Insurance Component. As a part of the programs, the FHCSD staff and volunteers received mortgage lending and insurance audit training from national experts provided by the NFHA staff. In accordance with the objectives under the grant, the FHCSD was to conduct, for the first time in the region, a mortgage lending audit for purposes of measuring the level of fair housing compliance of the industry. Methodology The two individual testing regimens included kalyses of HDMA data to identify high mortgage loan rejection rates and reasons offered for rejection, and a review of complaints of lending discrimination which might assist in designing the tests and choosing lenders. The final list of institutions to be tested was chosen using rejection rates for minority applicants, pro-active efforts taken to reach minority communities, lender size (to assure enough minority applicants for credible tests), and anecdotal reports of discrimination. The two testing programs included a total of thirteen lenders, five of which were tested in both programs. The methodology involved training and assigning paired testers using nationally accepted standards and techniques in accordance with the National Fair Housing Alliance’s (NFHA) training program. Overview of Results Figure 21 describes the results of the two programs using nationally accepted categories for disparate treatment. Tests were considered indeterminate if testers were treated differently but no conclusion could reasonably be drawn about the reason for the differential treatment. -_._ ” Figure 21: Test Results by Degree of Disparate Treatment i Caucasian i Caucasian Minority Minority Total Significantly Somewhat Similar Somewhat Significantly Undetermined i Favored Favored Favored Favored : 31+30 i 5+3 13+10 12+12 O+O OM I +5 61 j 8 23 24 0 0 6. Significantly, Figure 21 shows that, in 61 tests, there were no instances of favoritism toward a minority tester. This result is consistent with test results in other cities and with the results of tests done to discover disparate treatment in apartment rental. The table below identifies the racial identity of the testers receiving less favorable treatment. Although half of the testers were treated less favorably, and all of those were members of racial minorities, there are obvious differences between the treatment of African Americans and Hispanics. 36 Report provided by Steve Bouton. Bouton and Associates. 144 ~ - "" ~ -. "_ - - - - - ........ Analysis of Impediments to Fair Housing Choice . Figure 22: Racial Identity of Testers Receiving Disparate Treatment 7 African American (40) i Hispanic (2 1) Total (6 1 ) 7+6+12 3+2+1 10+8+13 25 6 31 Thirteen lenders were selected for testing in the two series of tests. Five of these were tested in both tests. Specific lender identities are not included in this report, which is the reason for the alphabetic coding for lender. Figure 23: Lenders Offering Disparate Treatment Caucasian . Caucasian j Minority Total Significantly Somewhat Similar ! Somewhat Favored . Favored i Favored A 0+I " - 0+I i B 6+4 2+ 1 3+ I 1+1 ; " C 0+3 " - 0+l j " D 4+2 " 2+0 2+1 i I E 6+2 2+ 1 2+1 2+0 i " F 2+4 " 1 +2 1+2 j " G 0+4 0+1 o+ I 0+2 .; " H 6+3 1+0 3+ I 2+2 ; " I0+2 " 0+2 " " J 0+l " o+ I " I K 0+4 " 0+l 0+2 ; - ..... .. .- ....... .............. - ........... -. .. ........... .- .. _...._.-"___I_"_"_ " .: ........ - ..... __ .......... .. - " .. ." ........ .... __ .... .. - .... -. .. __ ..... -. .. . ........... ._ ..... .. - .... ..... ._ -. . . Y 5+0 " I+0 3+0 1 - 1+0 ; " ,I 2 2+0 " I+0 31+30 5+3 13+10 12+12 1 Dto 61 8 23 24 ; 0 ._ - " - ... ... .. ..... ... I Minority i Favored j Significantly j Undetermined " " ... ". . _. .............. ". . ." ...... - ..... - " .. " &I " 0+2 " 0+l .._ ._ .... " _. ........................ " ............. " - " . - .... ." -. ...... .............. I " - " - - - .. - .......... " ....... - .._" ................. " O+I " 1+0 " ._ .. . .... - o+o 1+5 0 6 Only two of the thirteen lenders [A, C] offered no disparate treatment to prospective mortgagors. Three of the lenders [B,E,H) involved in both tests offered disparate treatment in both of those tests, while two lenders [D,F] offered disparate treatment in one of the two series. The overall average for disparate treatment was half of the applicants, but lenders B, E, H, I and J offered disparate treatment to more than half of the applicant testers. San Diego Mortgage Lending Testing Project-May 22,2000 In order to facilitate the objective and expert testing which is required when conducting a pre-application mortgage lending test, the FHCSD contracted with the Office of Civil Rights Monitoring, a Los Angeles- based firm. Their report follows. Methodology The lenders tested in this project were chosen from lists provided by the Fair Housing Council of San Diego. Tests were conducted at fourteen different lenders and a total of nineteen different locations. Contact information for these sites is available in the San Diego yellow pages and is readily available to potential first- time homebuyers. Testers called the lenders and made appointmenti prior 'to their visits. During these " . 145 Fair Housing Council of San Diego conversations, testers avoided sharing any financial information about themselves. If asked to do so, the tester indicated that she would prefer to share this information in a face-to-face meeting. ”- I The eight testers included an African American man, an African American woman, two Hispanic men, three Caucasian men and a Caucasian woman. Testers presented themselves as first-time homebuyers at the beginning of the mortgage lending process. Without applying for a loan or discussing a specific property, testers asked lenders two basic questions: How much of a house can I afford? and, What kind of loans do I qua& for? These two questions are foremost in the minds of first-time homebuyers, and these questions formed the core of each test. Results In sixteen of the tests, both testers were able to obtain loan information from a lending specialist at the test site. In four tests, the minority tester was unable to obtain an in-person meeting. In the twenty tests completed, significant differential treatment in five areas was found. First, Caucasian testers were frequently offered substantially higher loan amounts or house amounts. Second, Caucasian testers were often quoted a large number of loan options. Third, Caucasian testers were frequently offered more and better advice or coaching about how to qualify for the largest loan possible. Fourth, significant differences existed in the way lending specialists discussed special programs such as FHA loans with Caucasian and minority testers. Fifth, minority testers experienced greater difficulties in obtaining face-to-face meetings with lending specialists. What follows is a discussion of each of these five areas. 1. House or Loan Amounts In five tests, the Caucasian tester was quoted a loan amount or house amount37 that was at least $25,000 larger than the minority tester. A comparison of the highest loan or house amounts quoted to testers reveals the following: In test 600, the Caucasian tester was quoted a home price of $356,000, and the African American tester was quoted a home price of $225,000. In test 602, the Caucasian tester was quoted a loan of $330,000, and the African American tester was quoted a loan of $237,000. In test 615, the Caucasian tester was quoted a home amount of $355,000, and the Hispanic tester was quoted a home amount of $300,000. In test 617, the Caucasian tester was quoted a loan of $350,000, and the African American tester was quoted a loan amount of $324,000. In test 613, the Caucasian tester was quoted a house amount of $417,000 and the Hispanic tester was quoted a house amount of $367,000. However, in this same test, the Hispanic tester was quoted a larger loan amount of $367,000 compared to $335,000 for the Caucasian tester. In two tests, the minority tester was quoted a larger loan and house price: in test 61 1, the African American tester was quoted a home price of $400,000, and the Caucasian tester was quoted a house price of $350,000. In test 621, the Hispanic tester was quoted a loan amount of $378,000 and the Caucasian tester was quoted a loan amount of $340,000. In four out of five of the previously described tests in which Caucasian testers were quoted a higher amount, the difference was $50,000 or greater, with two cases being close to, or over, $100,000 in difference. In the two cases where the minority tester was quoted a larger amount, the difference was $50,000 in one, and $44,000 in the other. .. See Figure 24 for a comparison of these figures. 37 Home amounts discussed here and elsewhere in the report do not refer to quotes for actual properties. The quotes cited In this report describe the high end of what the tester was told she or he could afford. 146 - .. - .. - _" ."" ~ ~ ." ". . . _. . . . . - .. . .... . - .. . . .____ ~ Analysis of Impediments to Fair Housing Choice Figure 24: House and Loan Amount Comparisons House or Loan Test Number Afiican American 1 1 Amounts Caucasian 600 $237,000 $330,000 L 602 $225,000 $356,000 H I 615 . I H I $355,000 1 617 $4 17,000 H 613 $324,000 $350,000 L I 613 I L I $335,000 I ~ 61 1 $340,000 L 62 1 $400,000 $350,000 H Hispanic 4 $300,000 $367,000 $378,000 I 2. Number of Loan Options In seven tests, the Caucasian tester was offered more loan options than the minority tester. For instance, in test 609, both testers were quoted home prices up to the amount of $425,000. However, the Caucasian tester was presented with five different loan scenarios, while the Hispanic tester was offered two loan scenarios. In test 613, the Caucasian tester was again offered five possible loan options for which he could qualify, while the Hispanic tester was quoted three possible loan options. In test 6 16, the Caucasian tester was presented with four options, and the minority tester was presented with one option. This disparity is significant because each meeting was intended to be the first contact that a tester had with the mortgage lending industry, and the lending specialist was in a position to define the universe of lending options open to the tester. In only one test was the minority tester offered more options than the Caucasian tester. In test 61 1, the minority tester was offered three loan options while the Caucasian tester was not offered any loan options. 3. Coaching Caucasian testers were frequently given more detailed advice about how to obtain the highest loan mount possible. This coaching on the part of the lending specialist greatly expanded the Caucasian tester's sense of what he or she could afford. In nine tests, the Caucasian tester was coached about using gifts From family, or negotiating closing costs with the seller, paying down debts, or the advantages of prequalification letters. All of these issues and strategies can enable the borrower to maximize his or her borrowing power. In test 603, for example, the lending specialist told the Caucasian tester that he could obtain more money for the down payment by getting a loan from family members or friends and.disguising it as a gift. The lending specialist further discussed selling personal property as a source of cash. The lending specialist advised the Caucasian tester about tax returns, related forms and documents, prequalification letters, and negotiating with the seller to pay closing costs' When the African American tester visited this site, he did not learn about any of these issues. In only three tests were the minority testers provided with similar information not shared with the Caucasian tester. 4. Special Programs In five tests minority testers were encouraged to consider loan programs.for which they may have been over- qualified. In test 617, the minority tester was encouraged to consider Community Redevelopment Act loans " - 147 Fair Housing Council of San Diego ” -____ and was given information about an Economic Opportunity Mortgage (EOM) program. The maximum loan amount in the EOM program is $240,000, which is $84,000 less than the highest amount suggested to the minority tester by the same lending specialist. In test 609, the lending specialist stated that the minority tester could qualify for a loan of more than $400,000, but the lending specialist suggested FHA products to the minority tester, even though the ceiling for FHA products is $2 19,000. In test 601, the lending specialist described a “Friends and Neighbors” program sponsored by HUD designed to assist people in low-income areas to the minority tester, but did not mention the same program to the Caucasian tester. In test 612, the lending specialist described the, “Community Redevelopment Investment” areas to the minority tester. The lending specialist told the minority tester that there were two types of programs: one for low-income people, and the other for selected geographic areas. The lending specialist told the minority tester that he would not qualify for the low-income program because he made too much money. For the program that the minority tester could participate in, the lending specialist stated that a few of the “CRI” areas were desirable, but most were “unappealing.” The lending specialist did not discuss the “CRY programs with the Caucasian tester. In test 603, FHA products were described very differently to the Caucasian and African American testers. In this test, the lending specialist described FHA loans in negative terms to the Caucasian tester by indicating that the loan amounts were limited, there were higher interest rates, and mortgage insurance continued for the duration of the loan. The lending specialist described FHA loans in positive terms to the African American tester by indicating that an FHA loan would enable him to retain some savings for other uses. The lending specialist did not mention any potential FHA disadvantages to the minority tester. 5. Obtaining a Meeting with a Lending Specialist In four tests, the minority tester was unable to meet with a lending specialist to obtain information in a face- to-face meeting. In test 605, the lending specialist did not appear for the meeting scheduled with the Hispanic tester. The tester spoke directly with the lending specialist when he made the appointment. The lending specialist never contacted the Hispanic tester to follow up or to explain her absence. In test 614, the Hispanic tester arrived for his scheduled meeting, but the lending specialist told him that he was too busy to meet with the tester. The Hispanic tester had spoken directly with the lending specialist when he first arranged the appointment. The lending specialist explained that it was the end of the month, and he was under pressure to close loans started during the preceding month. The lending specialist arranged for another employee to meet with the tester the following day, but the tester was not told that this meeting had been arranged for him. The Hispanic tester was notified of the meeting 30 minutes after it was supposed to take place. In test 604, the lending specialist called to confirm the time and new location of the meeting with the Caucasian tester, but not with the Hispanic tester. Both testers called the same address and phone number, but in both cases, their call was transferred to another location. The lending specialist explained this to the Caucasian tester, but not to the Hispanic tester. The Hispanic tester proceeded to the assigned branch, but the lending specialist was working elsewhere, and the tester was unable to meet with the lending specialist in person. In test 620, the African. American tester arrived at the site for her scheduled appointment, but the site’s lending specialist was at another branch. The receptionist who made the appointment stated that she had assumed that the lending specialist would be present when she made the appointment. The tester was unable to meet in person with the lending specialist, although the lending specialist attempted to accommodate her by phone. 148 Analysis of Impediments to Fair Housing Choice ~ ~ ,,_,_,_ . ... . . ... ...".""_.."..."...I ..... ~ Subprime Lending Predatory Lendin$' Also known 0s the Fair Housing Amendments Act, Title VIII of the Civil Rights Act of I968 prohibits discrimination in lending (24 C.F.R. $100 et seq.; 42 U.S.C. $3601 et seq.) Predatory lending is any unfair credit practice that harms the borrower or supports a credit system that promotes inequality and poverty. Predatory lenders may engage in any or all of the practices listed below. The result of the practices is to drain away the equity that borrowers have built in their homes over the years. Predatory lending is wealth depleting instead of wealth building. Predatory lending is a subset of what is known as "subprime" or "B and C" lending. Subprime lending is any lending made at rates higher than the prime rate. There has not been a definitive study to determine how widespread predatory lending is within the subprime industry. Because it is so difficult to quantify predatory lending, most studies have focused on subprime lending. It is important to understand, however, that not all subprime lending is predatory, and not all predatory lending is illegal. Following is a list of some of the more common predatory lending practices, broken out by those prohibited by law and those'that are not illegal but still unethical. Good Subprime Lending The ideal of good subprime lending is lending that makes credit available to borrowers with impaired credit fairly, and at a cost reasonably related to credit risk. It should reward consumers trying to get out of debt and improve their credit by allowing them to build equity in their homes and to transition into prime loans as their credit improves. Good subprime lending should be regulated by periodic evaluation for compliance with consumer protection laws. It should include rates that are based on rational models, which are fairly applied to all borrowers. Good subprime loans should contain the same terms and conditions as prime'loans. Good subprime lending is a theoretical ideal that is yet to be realized by most lenders. Bad Subprime Lending Some abusive lending practices are prohibited by consumer protection laws. What follows is a brief introduction to the currently available tools for combating predatory lending. Federal Truth in Lending Act (TILA) 15 U.S.C. § 1601; Reg Z 12 CFR 226 TILA prohibits: Failure to disclose loan terns. The law provides for recovery of attorney's fees and up to $2,000.00 in damages. The Real Estate Settlement Procedures Act (RESPA) 12 USC 2601; Reg X, 24 CFR 3500 RESPA prohibits: 1. Failure to provide .Good Faith Estimate 2. Failure to provide a HUD- 1 Settlement Sheet 3. Failure to itemize all charges on HUD-1 '* Taken from The Communi@ Guide to Predatory Lending Research, prepared by the Community Reinvestment Association for North Carolina, Jeanette Bradley. June 2000. 149 "___""".""-I_" Fair Housing Council of San Diego - 4. Kickback and referral fees to mortgage brokers, real estate agents, or contractors. This covers the issue of Yield Spread Premiums (YSP). If a client did not agree to the total amount of compensation for the broker, or the payment is not reasonable for services rendered, the YSP may be in violation is RESPA. Under RESPA, consumers are entitled to treble damages and attorney fees. Home Ownership and Equity Protection Act of 1994 (HOEPA) HOEPA only applies to "high cost," "high rate" or "high fee" mortgages. This is currently defined as an interest rate 10 percent above the prime rate, or fees in excess of 8 percent of the total loan amount. HOEPA requires additional disclosures and prohibits the following practices: I 1 I Balloon payments on loans with terms of less than five years Negative amortization loans Advance payments Interest rates that increase after default Rebates structured in unfavorable terms Prepayment penalties (with exceptions). I State Unfair and Deceptive Trade Practice Laws (UDAP) Depending in the statute in each state, the UDAP may cover: 0 Purposely structuring loans with payments the borrower cannot afford Falsifying loan applications Forging signatures on loan documents 0 Negative amortization loans Unbundling costs (itemizing duplicate services and charging separately for them) or charging fees in gross excess of the going market rate Requiring credit insurance Bait and switch (changing the loan terms at closing) Acting unconscionably, including taking advantage of persons who because of age or infirmity are unable to protect their own interest Home improvement scams. The Fair Housing Act The Fair Housing Act calls for equal treatment in terms and conditions of housing opportunities and credit regardless of race, religion, color, national origin, family status or disability. The Equal Credit Opportunity Act required equal treatment in loan terms and availability of credit for ail of these categories as well as age, sex and marital status. Violations of the Fair Housing Act and Equal Credit Opportunity Act include such things as: having policies and practices that have a disparate impact on protected classes, such as targeting Afiican American, Hispanic or elderly households for marketing of higher-priced and unequal loan products; treating individuals of protected classes differently than comparably credit-worthy Caucasians in the loan process; and purchasing or securitizing loans made in violation of the Fair Housing and Fair Lending laws. 150 ~ . ,. . . . ." .. . . .. ... -. __ Analysis of Impediments to Fair Housing Choice Ugly Subprime Lending Many predatory loans are unethical but not illegal. What follows is a list of abusive lending practices currently not specifically prohibited by law. These abusive practices should be outlawed. 1. Adding insincere co-signers to a credit application 2. Paying off lower-income mortgages 3. Shifting unsecured consumer debt into mortgages 4. Loans in excess of 100 percent LTV 5. Excessively high annual interest rates, points and closing costs 6. Single-premium credit insurance 7. Balloon payments 8. Mandatory arbitration clauses 9. Flipping (repeated refinancing, often after high-pressure sales) 10. Daily interest when loan payments are late 1 1. Abusive collection practices 12. Prepayment penalties (currently illegal for certain HOEPA loans) 13. Failure to report good payment of borrowers' credit reports 14. Failure to provide accurate loan balance payoff amount. Homeowners Insurance HUD's interpretation of §3604(a) is that ... it extends to "discrimination in the provision of those services and facilities which are prerequisites to obtaining dwellings, including refusals to provide ... adequate property or hazard insurance." The legislative history provides: (a) The Congress finds that (I) the vitality of many American cities LF being threatened by the deterioration of their inner city area; responsible owners of well-maintained residential, business and other properties in many of these areas are unable to obtain adequate property insurance coverage against fire, crime and other perils; the lack of such insurance coverage accelerated the deterioration of these areas by discouraging private investment and restricting the availability of credit to repair and improve property therein, and this deterioration poses a serious threat to the national economy. Background Property insurance "redlining" is a discriminatory failure or refusal to provide property insurance in violation of the FHA. In Dunn v. Midwestern Indemnity Mid-American Fire and Casualty Company, 472 F. Supp. 1 106 (S. D. Ohio 1979)' ... the fact that defendant insurance company terminated business portfolio based upon the fact that portfolio contained a significant portion of Black homeowners ador persons . residing in predominantly Black neighborhoods stated a claim upon which relief could be granted. Insurance ""- .__"" 151 Fair HousinR Council of San Dieao “redlining I’ by insurance companies which deprives persons of homeowner’s insurance, does violale lhe proteclions afforded under lhe e FHA, despite Mercy v. Nationwide because without insurance, mortgage financing will be unavailable and without mortgage financing, homes cannot be purchased. McDiarmid v. Economy Fire & Casualty Company, 604 F. Supp. 10s (SO. Ohio 1984). See also cases lisled at Appendix. Research should also focus upon office locations to analyze relative proximity of offices to Caucasian and non-Caucasian residential ,areas. Any long-term trends of moving office locations to coincide with the racial composition of the neighborhoods (abandoning minority neighborhoods in favor of locating ofices in Caucasian neighborhoods) may constitute fair housing violations. Past Audit Findings In 1996, using the methodology as defined, the FHCSD undertook a special project fhded through a HUD- FHIP grant. The project objective was to audit the insurance industry to determine the levels of fair housing compliance in the San Diego area. Although some indicators pointed to discriminatory findings with respect to African American testers not being provided information regarding earthquake coverage (as required under law), result findings were inconclusive. The 1996 insurance tests were administered under conditions of close proximity to: a recent earthquake disaster; insurance litigation and settlements nationally involving State Farm Insurance Company; a moratorium on insurance sales in California; and an inability to obtain statistical data from the California Department of Insurance. All of these factors impacted the marketplace. Consequently, test results had limited reliability. More research was recommended. Under the same FHIP grant, the FHCSD subcontracted with the San Diego City-County Reinvestment Task Force to conduct further inquiry into the issue of potential insurance redlining. The Task Force, in a joint effort with the City Heights Community Development Corporation, conducted a study of recent homebuyers to gain insight about their experiences in purchasing homeowners’ insurance. The study was implemented in the neighborhoods of Escondido and City’Heights. Their objectives and findings for discussion were as follows. Assess homeowners’ perceptions and experience in purchasing and using homeowners’ insurance; Compare experience in two distinct communities, City Heights and Escondido, as examples of low/moderate and middle income areas to document differences, if any; Assess the impact of the January 1994 Northridge earthquake on the availability of homeowners’ insurance in these two San Diego communities; Assess the performance of insurance carriers in each community; Investigate, to a limited extent, some general aspects of buyer behavior with respect to homeowners’ insurance; Only one of 568 respondents indicated they did not currently have a homeowners’ insurance policy; The four major carriers (Farmers, State Farm, A4 Plus and Allstate) had a combined market share of 67 percent in both communities in 1993; The market share of these caniers dropped substantially in City Heights, while Farmers showed improvement in 1996; AA Plus increased its City Heights .market share between 1993 and 1996; .. ’’ Market share characterizations are based only on data in this sample. 152 . . . . . , . . . . __ . .... ~. - ". . . .. . . ___ "" Analysis of Impediments to Fair Housing Choice _" Homeowners in City Heights experienced greater difficulty in obtaining insurance and were much more likely to be rejected The Northridge earthquake prompted no meaningful 'increase in new F.A.I.R. plan policies in either community. The study determined that, "the bottom line conclusion is that over a period of four years, the top four insurance companies used the earthquake scare to exit from the low-income community of City Heights." Current Insurance Testing Regimen Methodology for Mapping Location of Agents: The approach taken was to look at larger aggregation blocks: the so-called neighborhood areas. There are eight of them: Northern, Northeastern, Eastern, Southeastern, Central, Western, Southern and Mid-City. The case for San Diego: The numbers show that 41 percent of all agents in the County are in the City of San Diego. This segment was chosen as the focus. Scenario: A clustering analysis was conducted for all three insurance companies according to 8 Neighborhood Areas of San Diego (San Diego only in this case, not the rest of the county). This was done using the GIS tool's spatial querying capabilities. The results can be found in the following table: Figure Figure 26: Agents in San Diego versus San Diego County Presence in San Diego versus in San Diego County AllState State Farm Farmers In San Diego 41% 39%. 41% 43% Percent agents in San Diego 138 302 141 In San Diego County 54 125 60 153 Fair Housing Council of San Diego Mapping the main table: Four maps were constructed to show the presence or absence of the three companies across all 8 areas of San Diego. A summary of all three insurance companies combined is given first. Figures 27-30: Location of Insurance Offices 154 +- I Nottheastorn Eastern Mid-City Southeastern Southern Map 1 of 4 Less than 3.8% of all agents have offices in the Mid-City, Southeastern, Central and Southern areas. 9 1 YO of all agents are based in four San Diego areas only (Northern, Northeastern, Eastern and Western). Map 2 of 4 Allstate has fewer than 4.9% of agents in the Mid-City, Central and Southeastern areas. ~ " ~ ____ Analysis of Impediments to Fair Housing Choice u\ I Map3of4 Farmers Insurance has less than 4% of agents in the Mid- City, Central, Southeastern and Southern areas. Actually it has 0% in the Central and Southeastern areas! Map 4 of 4 State Farm has less than 3.7% of agents in the Mid-City, Central, Southeastern and Southern areas. Actually, it has 0% in the Southeastern and Southern areas! Report provided by Richard Marciano, PbD., UCSD. ""_ 155 Fair Housine Council of San Diego Current Testing During May and June 2000, the FHSCD conducted twenty paired property insurance tests. One objective of the tests was to determine if applicants, who are inquiring via telephone about property insurance for property located in minority andor mixed neighborhoods, receive different responses fiom those given to applicants purchasing property in Caucasian neighborhoods. Methodology 0 Reviewed telephone directories to learn which property insurers are doing business in the region and the location of offices of larger insurance companies; 0 Reviewed available data as background, including insurance testing project completed by the FHCSD in 1995-96, for targeting companies to be audited; 0 Set criteria to be followed in selection of companies to be tested largest property insurance companies doing the highest volume of business in the San Diego region and physical location(s) of identified companies; 0 Reviewed recent changes in underwriting policies in the industry; 0 Conducted pre-test screening to insure that companies listed at address cited actually existed at said location; 0 Based upon these steps, State Farm, Farmers and AllState Insurance companies were selected for testing. For a list of individual agencies tested, see Appendix G. Two testers per test: each Caucasian tester used an individual applicant profile naming a Caucasian neighborhood and surname and was paired with a tester using an Hispanic neighborhoodsurname or an African American neighborhood/surname. Each tester used his own telephone number and address and a property profile provided for each "for sale" property through a local broker company's listing. Calls were made to the insurance company/agent on the same or successive days. 0 The African American tester utilized a "for sale" profile in a racially identifiable neighborhood (African American). The Caucasian tester presented a profile in a neighborhood known to be primarily Caucasian. The Hispanic tester used a neighborhood profile perceived to be Hispanic. Neighborhoods were selected that are integrated, or identifiable, based upon race and ethnicity. Selected "for-sale" properties according to neighborhoods as identified above. 0 Licensed brokers provided properties, which were comparable in characteristics of size, cost, age, amenities and other points on which insurance risk and cost can be measured. All properties provided were no more than two-week-old listings. Results were measured in terms of compared responses and information received. The Agencies' ownership and identities are not included here; instead, alphanumeric coding is used to identify individual agencies. Boldface indicates a measurable, different response. 156 . .. .. .. . . . . .. - Analysis of Impediments ~ to Fair ~ Housing Choice - State Farm Insurance A025 Type of Coverage: $344 or $4021yr. . $3441~. Amount of Premium: Hispanic African American Caucasian Replacement Cost $1,000 or $500 $250 Deductible $100,000 $100,000 Liability $89,500 $107,000 Personal Property $80,250 $67,125 Additional Information: "Will you reside on premises?" I State Farm Insurance 1 I A026 I Caucasian I African American I Hispanic I Amount of Premium: Type of Coverage: No quotes given. $307 or $362lyr. Structure Replacement Cost Other $1000 - $500 Deductible $300,000 Liability $98,800 Additional Information: Agent wanted to know why Asked tester if coming to her area would be a problem but tester was calling her - I I was not referred. I referred to onlce near him. I I State Farm Insurance I I I I I 1 A027 Caucasian I African American I Hispanic I I I Amount of Premium: $3841~. $3471~. I Type of Coverage: Structure $92,100 $97,600 I I I Replacement Cost Sll0,520 - $92,100 $117,120 Liability Deductible $300,000 $300,000 Other $500 $500 Additional Information: Asked source of referral: 10% discount off auto +$6.00 off HO policy "Why did you call my ... " Fair Housing Council of San Diego - State Farm Insurance I I Caucasian African American I Hispanic A028 Amount of Premium: Type of Coverage: Structure Replacement Cost Liability Deductible Other Additional Information: I $393 or $330/yr. $356lyr. $ 130,OOO $ 100,000 $ 100.000 $1 oo.Oo0 I I $500 - $1,000 I $500 I $ 13,000 Agent told tester he should shop around, but his prices would be competitive. Agent said: "Good, your rates didn't go up in that area," and "You may get a cheaper quote, but you'll get more bang for your buck with State Farm." State Farm Insurance 1 A029 Caucasian African American I Hispanic I I I Amount of Premium: $435/yr. $328/yr. Type of Coverage: Structure Replacement Cost $98,500 $92,000 Liability $500 $500 Deductible $1 00,000 $ 100,000 I I I Other Additional Information: State Farm Insurance + Amount of Premium: Caucasian Hispanic African American No quotes given. No quotes given. Type of Coverage: I Structure I Replacement Cost Additional Information: Recommended 3 agents specific agent closer to closer to the property. Recommended another property. 158 Analysis of Impediments to Fair Housing Choice ." ............... .................. O!.." ~ _- ......... State Farm Insurance A03 1 S602Iyr. $4461~. Amount of Premium: Hispanic African American Caucasian Type of Coverage: Structure Replacement Cost $500 $ 1,000 Deductible $300,000 $300,000 Liability $ 150,000 $140,000 Other Additional Information: State Farm Insurance A032 $2871~. S347lyr. Amount of Premium: Hispanic African American Caucasian Type of Coverage: Structure Replacement Cost Liability $ 100,800 $ 108,000 Deductible $1,000 with $62 CR $ 1,000 with $49 CR Personal Property $8 1,000 $75,600 Additional Information: State Farm Insurance A033 Hispanic African American Caucasian Amount of Premium: Type of Coverage: $295 $441, $400 or $341/yr. Structure Replacement Cost $500 $250, $500 or $1000 Deductible $ 100,000 $300,000 Liability $90,800 $102,800 Other Additional Information: Agent asked where he got Agent made a follow up phone call the following redd only one quote. No week. phone number fiom and follow-up call " 159 Fair Housing Council of San Diego " State Farm Insurance A034 Hispanic African American Caucasian 1 I Amount of Premium: I $383lyr. I S378lyr. I I Type of Coverage: I Structure Replacement Cost $500 $500 Deductible $300,000 $300,000 Liability $95,400 $ 100,000 Other Earthquake insurance: $100,000 for $ 1 85/yr. Additional Information: Agency will insure home Agency will insure min. of for a min. of $100,000 of structure. based on info given. $95,400. Extra 25% for age State Farm Insurance A03 5 ~~ ~ ~~~~ 1 Caucasian I African American I Hispanic I I I I Amount of Premium: $4 12lyr. $343 or $258lyr. Type of Coverage: Structure Replacement Cost Liability 100,000 + 20% for total $ 102,000 $500 $500 or $ 1,000 Deductible $ 100,000 structure Other Additional Information: Agent wanted tester to contact office in another Farmer's Insurance A036 $446.42, $392.02 or Amount of Premium: Hispanic African American Caucasian Type of Coverage: $446.42, $392.02 or $341.81 $341.81 Structure Replacement Cost Identical Quotes Identical Quotes Additional Information: Earthquake and car insurance Earthquake $ 123.00 Other $250 or $500 or $lo00 $250 or $500 or $1000 Deductible $300,000 $300,000 Liability $ 107,000 .. $1 07,000 Offered. 160 . . ._ .. - . - -. . . . . . . . - . . . . . .. . . . . - .- . -. - . . - ~ ". ._.. Analysis of Impediments to Fair Housing Choice A037 Amount of Premium: Type of Coverage: Structure Replacement Cost Liability Deductible Other Additional Information: Farmer's Insurance Caucasian Hispanic African American $442.59 or $385.681yr. I I $354.871~. $1 25,000 I I $103,000 + 25% extended $500,000 I 100.000 $500 or $ 1000 Earthquake $144 Iyr. I 500 I Fire Insurance $ 1 181~. Agent made follow-up call Earthquake insurance offered. Farmer A038 Type of Coverage: $393.37, $344.83 or Amount of Premium: Caucasian $300.03/yr. Structure Replacement Cost $250, $500 or $1000 Deductible $ 100,000 Liability $1 12,000 Other Additional Information: Earthquake insurance offered, extended replacement and content replacement offered. ; Insurance African American Hispanic $383.93, $336.62 or $9 1.000 I $ 100,000 $500 or $ 1000 I I Earthquake insurance offered, extended replacement and content replacement offered. Farmer's Insurance I I I I 1 I A039 I Caucasian African American Hispanic 161 Fair Housing Council of San Diego " " " Farmer' A040 Amount of Premium: Caucasian Type of Coverage: Structure Replacement Cost Liability Deductible Other Additional Information: Wouldn't be able to insure since it was more than 30 yrs. old (w/ original roof). Insurance African American Hispanic $378.82 or $425.50/yr. $300,000 I $500 or $250 I I Earthquake: $ 123 Farmer's Insurance ~~ A04 1 Caucasian African American 1 Hispanic I I I Amount of Premium: S406.67Jyr. $ 383.86lyr. I Type of Coverage: Structure Replacement Cost $117,000 $111,000 Liabilitv I $300.000 I $300.000 I I I I I Deductible I $500 I $500 I Other Additional Information: Earthquake: $ 164 Earthquake: $156 AllState Insurance A042 Hispanic African American Caucasian I I I Amount of Premium: No quotes given. $7 1 Uyr. Type of Coverage: Structure Replacement Cost $ 100,000 Liability $1 19,556 $250 Deductible Other Additional Information: two times. back. Same response When tester gave zip Asked where the fire dept. is located. code, he was told to call 162 Analvsis of ImDediments to Fair Housine Choice AIlState Insurance I 1 A043 Amount of Premium: Type of Coverage: Structure Replacement Cost Liability Deductible Other Additional Information: Caucasian African American Tried two times - no return call. AllState Insurance Hispanic $2561~. $103,141 $ 100,000 $500 Discounted to $2531~. w/ car insurance On phone gave quote of $3 15lyr. Mailed quote was different. A044 Caucasian I . African American 1 Hispanic Amount of Premium: I $518 or $456/yr. I I $495 or S4361yr. Type of Coverage: Structure Replacement Cost s 100,000 $ 100,000 Liability $145,778 $152,165 Deductible I $250 or $500 I I $250 or $500 Other Additional Information: AllState Insurance A045 S477lyr. $378 or $3061~. Amount of Premium: Hispanic African American Caucasian Type of Coverage: structure Replacement Cost $132,365 $1 20,463 Liability $500 $ 1,000 Deductible $ 1 00,000 s 100,000 Other Auto insurance offered, but no $306/yr. is with auto Additional Information: 20% discount for auto insurance. quote included. I I Fair Housing Council of San Diego _" "____ " I AllState Insurance A046 Amount of Premium: Type of Coverage: Structure Replacement Cost Liability Other Caucasian Hispanic African American $508 or $5731~. $544 or $4391~. S 152,000 $152,000 $300,000 $1 00,000 $500 4250 $500 - $ 500 Auto insurance his payment-by S 105tyr. 544 - and declined. Car insurance would reduce Auto insurance offered Auto insurance 439lyr. Insurance Test Findings Test A026 Afiican AmericadCaucasian - The agent asked the African American tester why he was calling her office, and referred him to an office she said was closer to him. The Caucasian tester was asked if coming to her office would present a problem for him and given a quote. He was not given a referral to an office closer to his home. Test A030 African AmericadCaucasian - Both testers' homes were located in the same zip code, but the two were referred to two distinctly different agencies. The agent asked both testers to contact another agency that would be closer to their homes. She explained that it would be easier for the insurance agent to inspect the homes. Test A035 HispanidCaucasian - The Hispanic tester was told to contact an agency in his area. The Caucasian tester was given no such referral. In addition, the Hispanic tester was asked where he got the agent's telephone number. His quote was very different from the Caucasian tester's. Test A039 African AmencadCaucasian - The Caucasian tester was told that he would receive full replacement for his belongings, and a full quote was mailed to him. The AfTcan American tester was given no such information, and no quote was sent to him. Test A042 Hispanic/Caucasian - The agent answered the telephone, and upon hearing the Hispanic tester's zip code, advised him that he would have to call him back. The tester called back the next day. The agent said the same thing and never called the tester back. This occurred on three different occasions, with no resolution. The Caucasian tester was given more favorable treatment and a mailed quote was received the next day. Test A043 Hispanic/Caucasian - Agent was Hispanic, and made a concerted effort to explain the programs to the Hispanic tester. He even offered him a special deal for his insurance business and mailed him a quote. The Caucasian tester was not even given a return phone call, even though he left his name and phone number. 1 I I I I I I I I 164 Analysis of Impediments to Fair Housing Choice . .. ... . . .. . . . . .- . .. . ." . . ." . .. . . . -. ". . - Test A036 HispanidCaucasian - This was the only test that showed no differential treatment. Both testers were greeted by the same agent and received identical quotes. Both testers were also offered quotes for earthquake insurance. It is interesting to note that in tests A033 and A037 the Caucasian testers received a follow-up phone call from the insurance agents. The agent wanted to know if she could answer any additional questions regarding the quotes they received. Different agencies were involved in these two tests. Conclusions The conclusions to be drawn from past and current audit regimens are: The lack of insurance ofices located in minority neighborhoods supports a finding of questionable and possibly discrimiliatory actions of local property insurance providers, specifically, State Farm, AllState and Farmers Insurance. 0 Differential responses, with respect to premium cost associated with coverage, offering of full replacement coverage, follow up with provision of written quotes or otherwise differential quality and quantity of offered services on the basis of racial or ethnic identification of neighborhoods, supports the finding of potential housing discrimination. It is noted that testers who were perceived to be Hispanic callers received the lowest quality and quantity of information from insurers contacted. Test results from the current tests indicate a variety of responses, not all of which are discriminatory. The relatively limited sampling (twenty tests) should be considered as overall more of a continuum of information being gathered on insurance practices in the region. Nationally, major insurance companies (i.e. State Fk), in the aftermath of litigation brought by NFHA and others, have revised their underwriting policies, set up centers for services in metropolitan neighborhoods and worked with advocate groups to alleviate the problems. Locally, these trends may be activities which are either systemic or the isolated actions of individual agents (which does not absolve blame). More investigation and information is needed, even though the sum total of all studiedtests, etc., to date, supports a finding of discriminatory responses. Familial Status Testing The Civil Rights Act of 1968 (Title VII) and the Fair Housing (Amendments) Act of 1988 These laws prohibit discrimination in the rental, lease, sale or negotiation for housing accommodations, and in terms, conditions, privileges, services or facilities based on familial status. Background A fair housing rental .audit is a testing process focused on detecting measurable differences in the quality, content and accuracy of information given, as well as the overall quality of service provided, to rental homeseekers by owners and managers. Through the testing process, differential treatment is measured in four basic categories: availability, terms and conditions, tenant qualifications and overall contribution. In testing for familial status discrimination, generally a tester with a child or children (protected class tester) would be paired with a tester without children (control tester). Both would be of the same gender, similar age and manner and employed, earning at or above the median family income for the targeted community. The protected class tester would be provided with a slightly higher income and more time on the job, theoretically making them a slightly more appealing candidate. Thus, any differential treatment by a housing provider would likely be attributable to the fact that there is a child or children in the family. 165 Fair Housing Council of San Diego Methodology In the months of June and July 2000, FHCSD conducted random telephone audits of available rental units in the Sari Diego region to determine the nature and extent of discrimination against families with children. Discrimination based on familial status involves disparate treatment of families based on the presence of individuals under the age of 18 years in the household. Initially the testing project was to involve 20 paired site visits. However, the first attempts at the conduct of field visits were frustrated due to the current fast pace of the rental housing marketplace. Often, there were very limited vacancies to be tested or the necessary timing required between the advance call and the actual site visit resulted in the vacancy being rented before the field visit could occur. This being the case, the design of the test was changed to telephone testing and the number of tests was increased. For sites tested, refer to Appendix H. The profiles for the testers were established by the FHCSD. The audits consisted of three groups of females posing as applicants for apartments. Each tester was presented with a profile that presented an adult female seeking housing for herself, her spouse and her two children. All of the testers were Caucasian. Copies of the individual test results are on file at the FHCSD ofice. The audit vas limited to two bedroom, unfurnished apartments, randomly selected using a variety of sources including newspapers, rental magazines, the internet and scouting for vacancy signs. The test sites were spread geographically throughout the San Diego region. Results There were fifty-five randomly selected sites to be telephone tested, all of which were successfully tested. Of these, evidence was found of differential treatment because there was a child in the family at fourteen of the test sites, or 25 percent. It is significant to note that prior to the 1988 Fair Housing Amendment Act being passed, there was a major national study conducted in the late 1970's and published by HUD in 1980. This study found that 25 percent of the 79,000 rental units surveyed banned families with children entirely and that another 50 percent imposed at least some restrictions, such as assigning families to certain areas or limiting the number or ages of children allowed. These conditions contributed to the passage of the 1988,Fair Housing Amendments Act. The results of these pre-application audits were indicative of the national norm: families with children may face greater obstacles to finding housing in the San Diego region than individuals without children. In a few cases however, our testers found apartment managers eager to rent to a mamed couple with one child. However, it is possible that larger families with children have experienced more difficulty. There can also be an implied finding that the housing providers are more savvy, with respect to fair housing laws, thereby being certain not to say anything which can be sited as discriminatory on the telephone. Actual discrimination may not occur until the final selection process. This suspicion may be confirmed or denied through the conduct of full application testing Examples of some of the housing providers' reactions to the testers, when they learned there were children in the household, follow. "Oh no, it is too small for that many people. It is a two bedroom, but it is only for two people. It's a very tiny apartment, not big enough." "I don't have anything, but call VI 166 I . . . . . ~ . . .. .. .". .. . . . , . . ~ ~ Analysis of Impediments to Fair Housing Choice "Let me tell you before we go through all that, the last people I took through there were a larger family and they didn't like that it only had one bathroom." "No one is allowed to play on the property, and children are to be supervised at all times." "Its quite peaceful here.. . this used to be an adult-type complex. They changed that, but there's still nothing for kids." "This is an adult type place, we have all adults and college students here. I wouldn't suggest you live here if you have kids, we have nothing for kids here, there's nothing for th& to do. The kids would have to stay inside all the time." "I'm sorry but, I won't rent to you because it is on the second floor and my husband won't rent to anymore children." The internet is fast becoming a place for renters to search for housing. As research indicates, some of the information on the internet is not always favorable. An example of one of the advertisements found follows: "This place has it all, prefer 1 to 2 adults and prefer no kids.D4' Further study is needed to better understand the many obstacles to finding decent, affordable housing which can accommodate low-income single mothers with one or two children and large families, regardless of income, The latter situations may be related both to affordability and discrimination issues, and is a subject that needs to be addressed in a different set of audits. The design of such audits may be based upon family size and may be full application Further auditing and analyses of complaint data regarding familial status should be done in future studies. For example, head-of-household status and family size may correlate with incidence of discrimination or rate of subsequent homelessness. This hypothesis is reflected in complaints from apartment seekers. This statistic is evident in the amount of familial status-based discrimination inquiries from complainants to fair housing offices. Substantially Equivalent The State of California is deemed substantially equivalent to federal authority for fair housing enforcement purposes. All information regarding filed complaints originates from DFEH, as shown below. . .. 4' Taken from Rent.Net Apartments and Rentals. 167 ~ Fair Housing Council of San Diego ""- "- Complaints Filed with Enforcement Entities by Jurisdiction County of San Diego 1996 49 Total Number of Cases Filed 1997 1998 1999 71 59 106 Total 285 Basis of Complaints* 1999 1998 1997 1996 Familial Status I 19 I 16 1 19 I 27 1 Race 14 4 12 6 National Origin 41 22 22 . 8 Disability 28 19 21 15 Marital Status I 2 13 16 13 Retaliation 11 13 14 18 Association Religion 11 lo 11 13 L Total I 60 I 87 I 86 I 143 ] Alleged Acts* 1999 1998 1997 1996 Refusal to Rent 48 22 32 20 Eviction 28 22 21 17 A pent Increase lo lo lo 13 I Refusal to Sell lo 11 13 14 Refusal to Show 11 lo lo 11 Occupancy Standard 23 13 18 6 Harassment 22 6 19 4 Unequal Terms 3 1 1 0 Unequal Access 16 I 10 I 10 I 15 Total I 54 I 102 I 77 I 147 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. Carlsbad 1996 0 Total Number of Cases Filed 1997 1998 1999 3 2 5 Total 10 I Basis of I 1996 I 1997 I 1998 I 1999 I I Alleged Acts* I 1996 I 1997 I 1998 [ 1999 1 Complaints* Refusal to Rent 0 210- 1 Familial Status 0 1 0 2 I Race lo1 2 Io Io Disability lo1 0 I1 12 Eviction 10111014 Rent Increase lololo12 National Origin 4 0 0 0 Uneaual Access 0 0 '0 0 Relieion 0 2 0 0 Harassment 0 0 0 0 Association 1 0 0 0 Unequal Terms 2 1 0 0 Sex 0 0 0 0 Occupancy Standard 2 0 0 0 Retaliation 0 0 0 0 Refusal to Show 0 1 0 0 Marital Status 01 0. 0 0 Rehal to Sell 0 0 0 0 1 Total 1013 13 181 I Total 1013121~2~ *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. 168 . ~ ~ . . .. . . . . . . .... .. . . . . . . - . . .. ... . . . . . . . . .. . . _. ~ ~ ~ - Analysis of Impediments to Fair Housing Choice Chula Vista Total Number of Cases Filed 1996 1997 1998 1999 2 6 3 6 Total 17 I Basis of I 1996 I 1997 I 1998 I 1999 1 I I I I Familial Status I 0 11 12 12 Race 1 0 2 2 National Origin 2 3 5 0 Disability 1 1 0 0 A I Marital Status 1 I 1 i. 1 i 1 i 1 ' Retaliation Sex Association 0 0 0 0 Religion 0 0 0 0 Alleged Acts* 1999 1998 1997 1996 Unequal Terms Harassment lo 11 lo lo Unequal Access lo lo lo 12 Total 12 17 (4 I 10 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. El Cajon 1996 7 Total Number of Cases Filed 1997 1998 1999 10 9 13 Total 39 Basis of Complaints* 1999 1998 1997 1996 Alleged Acts* 1999 1998 1997 1996 1 Total 171131111181 I Total *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. -"" 169 Fair Housing Council of San Diego "- ___ "" Encinitas 1996 0 ____~~~~ ~~~~ ~~ ~~~~ Total Number of Cases Filed 1997 1998 1999 2 2 1 Total 5 I *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. Escondido Total Number of Cases Filed 1996 1997 1998 1999 Total 2 8 2 8 20 I Basis of Complaints* 1999 1998 1997 1996 Retaliation 0 0 Association 0 0 0 0 Sex 1 1 2 0 0 0 Religion lo1 0 Io 10 Total 1211214 2 Alleged Acts* 2 0 1 2 Refusal to Rent 1999 1998 1997 1996 1 Eviction Io1412l3~ Rent Increase Refusal to Sell Refusal to Show 0 0 0 Harassment 1 Unequal Access 10121110 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. I 8 170 Analysis of Impediments to Fair Housing Choice . . . . . _. . . . .. ~ ~ ~" . . ... . . . . . ~ La Mesa 1996 4 Total Number of Cases Filed 1997 1998 1999 7 5 4 Total 20 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. National City Total Number of Cases Filed 1996 1997 1998 1999 Total 0 2 1 0 3 8 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be , filed on more than one basis or act. Fair Housing Council of San Diego "" -. ~- Oceanside 1996 , Total Number of Cases Filed 1997 1998 1999 3 4 8 Total 15 Complaints* Familial Status Alleged Acts* 1996 1999 1998 1997 Refusal to Rent 1 0. 0 Occupancy Standard 0 0 0 Refusal to Show 0' 0 0 Refusal to Sell 0 0 0 Rent Increase 4 0 2 Eviction 1 2 1 Unequal Terms I 12 11 11 Harassment II lo 12 ~~ 1 Unequal Access I II I *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. (City of) San Diego Total Number of Cases Filed 1996 1997 1998 1999 Total 23 34 21 39 117 I *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. 172 Analysis of Impediments to Fair Housing Choice , _. -. . - . . . . . . - . - . - . . . . . . .. ". . _" ~ Santee Total Number of Cases Filed 1996 1997 1998 1999 Total 1 4 1 1 7 - I Basis of 1 :996 1 1997 I r8 I 1999 Complaints* Familial Status Race 0 0 '0 0 Sex 0 0 0 0 Retaliation 0 0 0 0 Marital Status 0 0 0 0 National Origin 0 0 0 0 Disability 0 1 1 0 . Alleged Acts* 1996 1997 1998 1999 ' Refusal to Rent 0 Eviction 1 0 1 1 0 0 0 0 Rent Increase 0 1 2 Refusal to Show Occupancy Standard I 0 lo lo lo I I Unequal Terms lo lo 11 lo I Harassment lo 11 lo lo Unequal Access lo lo lo lo I Total 11 14 11 11 *The number of bases and acts may be greater than the total number of complaints tiled because a complaint can be filed on more than om basis or act. Vista Total Number of Cases Filed 1996 1997 19.98 1999 Total 0 2 3 3 8 I I I Basis of I 1996 I 1997 I 1998 I 1999 I I Alleged Acts* I 1996 I 1997 I 1998 I 1999 I Complaints* Familial Status Race 0 2 0 0 0 1 1 0 Disability lo1 0 Io I3 National Origin I 0 I 0 I 0 I 0 Marital Status Retaliation 1 1 0 0 1 1 1 0 Sex .o 0 0 0 Refusal to Rent 2 1 2 0 Eviction 0 2 0 0 Rent Increase lololol 1' ' Refusal to Sell lolololo Association 4 5 3 0 Total 6 5 2 0 Total 0 1 0 0 Unequal Access 0 0 0 0 Religion 1 1 1 0 Harassment 1 0 0 0 *The number of bases and acts may be greater than the total number of complaints filed because a complaint can be filed on more than one basis or act. 173 Fair Housing Council of San Diego "" Fair Housing Settlement Awards Amount of Plaintiff Financial Recovery in all Closed Fair Housing Lawsuits is $160,000,000 According to $160,000,000 and Counting, during a five-year period the amount of financial recovery for plaintiffs (including the cost of affirmative relief provisions) has risen from $23,557,405 (for the years 1990- 1994) to the current total of $1 15,914,565 (for the years 1990-1 998). Zoning Federal courts have applied the Act's prohibitive phrase '(to otherwise make unavailable" to discriminatory land use decisions made by cities. The federal regulations that implement the Fair Housing Act state that its fundamental purpose is to prohibit practices that "restrict the choices" of people with disabilities to live where they wish or that "discourage or obstruct choices in a community, neighborhood or development." 24 C.F.R. tj 100.70(a) (1994). The legislative history is precise in identifying discriminatory land use practices: The Act is intended to prohibit the application of restrictive covenants, and conditional or special use permits that have the eflect of limiting the ability of such individuals to live in the residence of their choice in the communiv. (54 Fed. Reg. 3246 citing House of Representatives Report No. 100-71 I, IO@ Congress, Td Session at page 24.) The protections afforded people with disabilities under the FHAA extend to those who are associated with them, including providers and developers of housing for people with disabilities. California Fair Housing Law In 1994, the strongest fair housing legislation in the nation went into eflect in California. Government Code JJ I2900 elsea. This state's law explicitly prohibits discriminatory ')public or private land use practices, decisions and authorizations" including, but not limited to, '?zoning laws, denial of use permits and other [land use] actio ns... that make housing opportunities unavailable" to people with disabilities. Section I2955(1). In enacting §12955(1) and adopting other amendments to the Fair Housing and Employment Act, Cal. Govt. Code JJ1290&rseo.. The Legislature recognized that land use practices have discriminated against group housing for people with disabilities. In a statement of legislative intent that accompanied the amendments, the following conclusions were made. a. Public and private land use practices, decisions and authorizations have restricted, in residentiallv zoned areas. the establishment and operation of mou~ housing. and other uses. b. People with disabilities.. .are significantly more likely than other people to live with unrelated people in group housing. c. . This act covers unlawfd discriminatory restrictions against group housing for these people. Stats. 1993 ch. 1277,g 18 (emphasis added). Land Use Indicators of Potential Fair Housing Violations in the City of San Diego or Other Jurisdiction with Similar Provisions In September 1996, a Land Use Fair Housing Audit Tool was completed for the City of San Diego. The audit tool was developed under a collaborated effort of the Fair Housing Congress of Southern California, Protection and Advocacy, Inc., and Mental Health Advocacy Services. The findings of potential fair housing issues highlighted by the audit follows. 174 Analysis of Impediments to Fair Housing Choice . , . . . . . . . . . . . .. . ., . ~ . ,. . . . ..... ..... _."._I_ ~ ~ CUP (Conditional Use Permit) No CUP provided at all for group or supported housing for people with disabilities. CUP specifically required for group housing for people with disabilities and not for other types of housing. CUP required for certain types ofgroup housing which could include people with disabilities. CUP used in discriminatory manner to block or close group housing for people with disabilities. Restrictive Definition of "Family" Restrictive definition of 'family" excludes group housing for people with disabilities (e.g. numbers, related individuals). Residential location limited or prohibited if group does not meet definition of ''family." Limits on unrelated adults living in residential neighborhoods which could be used to block group housing for people with disabilities. Public Notice and Hearings Public notice notification to neighbors required prior to'siting of group housing for people with disabilities. Public notice processhearing used to justify denial of siting of housing for people with disabilities. Funding Procedures for Housing for People with Disabilities Public notice or notification to neighbors required prior to siting /approval of publicly hnded projects, including housing. In competing for public funds, different application requirements are imposed upon providers of housing for people with disabilities from those that are imposed on providers of comparably sized housing for people without disabilities. The criteria for the awarding of public funds changes in response to community pressure. Limits on Supportive/Special Needs Housing Treatment of housinglfacilities that provide supports and/or services differently than other housing of same size or type. Reasonable Accommodations Specific provisions for providing reasonable accommodations to rules, policies or practices to permit housing for people with disabilities are not available. Actual denials of requests for reasonable accommodations to rules, policies or practices to permit housing for people with disabilities. Spacing Concentration/Density Places spacing (e.g., distance, minimal feet apart) requirements specifically or generally on group housing for people with disabilities. Places other limits on location of group housing based on controlling overcrowding (e.g. dispersal, requirements) **The Centre City Community Plan no longer allows new community and human care facilities in its residential districts, not even by CUP, because of the overconcentration of such facilities in the area. "_ - 175 Fair Housing Council of San Diego ~ Moratoria Places moratorium on group homes for people with disabilities Places moratorium on housing with supports for people with disabilities Places moratorium on low income housing or other housing, which may affect people with disabilities Licensing Issues Overly restrictive licensing requirements that prohibit group housing for persons with disabilities from operating. Actual denials of requests for reasonable accommodations to rules, policies or practices to permit housing for people with disabilities. Fire Marshall Overly intrusive Fire Marshall requirements, not required of similar housing for nondisabled people, which prohibit housing for people with disabilities from opening. Actual denials of requests for reasonable accommodations to rules, policies or practices to permit housing for people with disabilities. Building Permit Process Actions by land usehoninglplanning departments denying building permits to housing for persons with disabilities (e.g. renovatioils, home modifications). Private Restrictive Covenants Existence of private restrictive covenants used to prohibit group housing for people with disabilities (e.g. prohibit businesses or limited definitions of families) Actual denial of requests for reasonable accommodations to rules, policies or practices to permit housing for people with disabilities Self-Evaluation/Housing ElementdConsolidated Plans Covenants Failure to conduct selfevaluation of land use and zoning under ADA. Failure to implement ADA selfevaluation plan. Failure to meet housing element requirements re: fair housing Failure to implementlfollow housing element plan. **Housing Element ruled legally inadequate by Judge W. Peterson. City has appealed the ruling. Terms and ConditiodOther Restrictions Social or other restrictions on people with disabilities in group housing which do not apply to nondisabled people (e.g., curfews, restricted use of outside property area) Non-profitlcharitable providers of housing are subject to different procedures than for profit providers. Occupancy Standards Occupancy standards are more restrictive than HDC requirements (i.e., 199 1 federal standards). 176 Analysis of impediments to Fair Housing Choice Occupancy/size limits apply to unrelated adults, but not to families (which impacts on group housing for people with disabilities) (per Audit completed by Ann Fathy, AICP). A local advocate, knowledgeable on these issues offered the following information when contacted for an update (of the September 1996 audit) on audit findings. Changes which the City has implemented since that time are the following: 0 Amended the Municipal CodeLand Development Code to create two new classifications which previously had been classified under Residential Care Facilities. The new classifications are: Transitional Housing Facilities, Municipal Code section 14 1.03 13 and Homeless Facilities, Municipal Code section 14 1.04 1 2. ______"___ . . . . . .. . .. . . . __ ~ 0 Amended the Municipal CodeiLand Development Code conditional use permit requirements for transitional housing facilities and emergency shelter by removing the 1/4 mile separation requirement and changing the permit decision process from Process Four to Process Five, so that the permit would go directly to the City Council for decision. The City Council adopted these changes to satisfy the Court in the housing element lawsuit Hoflmuster v. Ci& of San Diego. Continuing Potential Fair Housing Violations In reviewing the current version of the Municipal Codenand Development Code, it was found that the City continues to define "family" in a way that may be deemed discriminatory against persons with disabilities. Specifically, "family" is defined in such a way that it excludes most congregate living arrangements of persons with disabilities. This means that such group homes serving more than six persons would not be allowed by right in single-family neighborhoods. Group homes serving more than six persons generally would be classified as Residential Care Facilities and required to obtain a conditional use permit and meet the specific conditions of Municipal Code section 14 1.03 12, including the 114 mile separation requirement. California Government Code section 12955 states in part: It shall be unlawful: (I) To discriminate through public or private land use practices, decisions and authorizations because of race, color, religion, sex, sexual orientation, familial status, marital status, disability, national origin, source of income or ancestry. Discrimination includes, but is not limited to, restrictive covenants, zoning laws, denials of use permits and other actions authorized under the Planning and Zoning Law (Title 7 (commencing with Section 65000)), that make housing opportunities unavailable.. . Other Examples of Potential Findings of Discrimination The majority of persons with disabilities live on SSI and have incomes classified as very low-income. Additionally, persons with some form of disability are the largest subgroup of the homeless population. Agencies serving the needs of very low-income people are required to obtain a conditional use permit, either because they are classified as Social Service Institutions or because the use is classified as Transitional Housing Facilities, Emergency Shelters, Congregate Meal Facilities or Homeless Day Centers. California Government Code section 65008 (Planning and Zoning Law) prohibits discrimination based on the lower income level of the persons served or intended to occupy a residential development or emergency shelter. .. 177 "" Fair Housing Council of San Diego - - Conclusion So long as the City requires a conditional use permit for uses that would house or otherwise serve persons with disabilities or low-income persons, and does not require a conditional use permit for similar uses serving or housing non-protected classes, it impedes fair housing choice and may be deemed discriminatory. The conditional use permit process requires noticed public hearing. With regard to the uses mentioned above, the end result is frequently organized vocal opposition to '?hose people" being allowed into their neighborhood. In the face of such opposition, decision makers are usually reluctant to grant the permit. 42 Accessibility Testing To gain insight in to the level of "new construction" compliance with fair housing laws which require accessibility for disabled persons for certain properties with first occupancy after March 13, 1991, an audit was implemented. Background The Fair Housing Act As a protected class, people with disabilities are unique in at least one respect because they are the only minority that can be discriminated against solely by the design of the built environment. The Fair Housing Act remedies that in part by establishing design and construction requirements for multifamily housing built for first occupancy after March 13, 199 1. The law provides that a failure to design and construct certain multifamily dwellings to include certain features of accessible design will be regarded as unlawful discrimination. The design and construction requirements of the Fair Housing Act apply to all new multifamily housing consisting of four or more dwelling units. Such buildings must meet specific design requirements so public and common use spaces and facilities are accessible to people with disabilities. In addition, the interior of dwelling units covered by the Fair Housing Act must be designed so they too meet certain accessibility requirements. The Fair Housing Act is intended to place "modest accessibility requirements on covered multifamily dwellings.. .These modest requirements will be incorporated into the design of new buildings, resulting in features which do not look unusual and will not add significant additional costs" (House Report 71 1 43 at 25 and 1 8). Methodology As a preparatory step to the implementation of site visits for accessibility audits, the FHCSb contacted various resources to locate and identify appropriate properties, having first occupancy after March 13, 199 1. Accordingly, the Planning Department for each participating city was contacted and asked to provide a list of appropriate properties. .. There were considerable hindrances to completion of this phase of the analysis, most often because there were not many properties to visit due to the lack of available multi-family units in the area. 42 Report submitted by Ann Fathy, AICP 43 House Report No. 7 1 1, lOO* Congress, 2" Session 178 .I . . . . . . .... . .... .. __ . . . . . . -. . "_ . . . .. . . . ... . . .. . . . .. ... .. _._"_."__._."_._..._".".""_.I ~ .. Analysis of Impediments to Fair Housing Choice During May, June, July and August' 2000, accessibility audit-type site visits were completed at twenty residential buildings throughout the region. The audit was conducted to measure, using a limited and random sampling, the level of compliance with the accessibility factors stated in the Fair Housing Act (FHA). The Act requires that all buildings constructed for first occupancy after March, 199 1 must meet seven accessibility factors as follows: The seven requirements of the Fair Housing Act-Accessibility Guidelines are: Accessible Building entrance on an accessible route 0 Accessible and usable public and common use areas Useable doors Accessible route into and through the covered dwelling unit 0 Light switches, electrical outlets, thermostats and other environmental controls in accessible locations Reinforced bathroom walls for grab bars Useable kitchens and bathrooms. The audits were conducted by trained testers, in wheel chairs, or as the able bodied relatives of mobility- impaired relatives. The audit objective was to conduct the site visit and be shown a two bedroom residential unit. The visit included a tour of the unit and noted observations andor questions relating to accessibility were posed and answered. Some specific measurements were conducted. See Appendix I for a list of sites that were tested. .. .. .. "~ 179 e 0 v) L a a .I E 8 w e .I Y v) h Y .I I .I .I s VI u z Y a t 1 rA 9, e z" z" v) L >" i? rn rn Q * E $ $ u rn e m 00 c I I I 1 I I I I I Analysis of Impediments to Fair Housing Choice . . ... . . -. ,. , , , , -. __ . . . . " " . . -". . -_ - - ~ ." -. . .. . - "- . .. . . .. . . . Hate Crimes 42 U.S.C. Section, 3617 makes it unlawful ... to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment oJ; or on account of his having exercised or enjoyed, or on account of his having aided or encouraged any other person in lhe exercise or enjoyment ox any right granted or protected by section 3603, 3604, 3605 or 3606 of this title ...(4 2 U.S.C. Section 361 7 Title VIII of the Civil Rights Act of 1968). Professor Robert Schwemm's treatise on fair housing, Housing Discrimination Law and Litigation explains. For example, Section 3617 would be violated by a person who firebombs the home of a new black family in a white neighborhood in order to drive them from the area. In addition, Section 3617's protection extends to persons who have "aided or encouraged" others in the exercise of their Title VI11 rights. Thus, for example, an employee of an apartment complex who is fired for renting a dwelling to a minority applicant would have a cause of action against his former employer under Section 36 17.. . California State laws also prohibit violence in housing. Hate Crime Data (for the State of California) In 1999: 0 The Department of Justice received reports from 244 law enforcement agencies detailing 1,962 hate crime events. included in these events were 2,001 offenses, 2,436 victims, and 2,02 1 known suspects. 0 Sixty percent of the offenses were motivated by the race/ethnicity of the victim. 0 Violent crime accounted for 67.6 percent of known offenses. 0 Most hate crimes occurred at a residence, home, or driveway (30.9 percent), or on a highway, rod, alley, street, or sidewalk (26.2 percent). In 1999, of 1,962 reported hate crime events: 0 59.8 percent (1,173) were motivated by the race/ethnicity of the victim. 0 22.2 percent (436) were motivated by the sexual orientation of the victim. 0 17.2 percent (338) were motivated by the religion of the victim. 0 . 1 percent (2) were motivated by the physicaymental disability of the victim. 0 .7 percent (1 3) were motivated by the gender of the victim. In 1999, of the 1,173 events motivated by the race/ethnicity of the victim: 0 5 1.1 percent (599) were anti-African American. 0 10.8 percent (1 27) were anti-caucasian. 0 6.1 percent (72) were anti-multi-racial group. 0 10.7 percent (126) were 'anti-Asidacific Islander. 0 13.8 percent (162) were anti-Hispanic. 0 7.0 percent (82) were antisther racelethnic group. 0 .4 percent (5) were anti-American IndiardAlaskan native. .. " 185 Fair Housing Council of San Diepro r Hate Crimes, 1999 6% 8 Religion Sexual Orientation 0 Physical/Mental Disability OGenda "thnicity Figures 32 and 33,: Hate Crimes, 1999 (Taken from CA DOJ Report on Hate Crimes) Race/Ethnicity Breakdow anti-white W anti-black 0 anti-Hispanic 0 anti-American W anti-AsiadPacific W anti-multi-racial group IndidAlaskan Native Islander W anti-other race/ethnic mouv 1 186 Analysis of Impediments to Fair Housing Choice ... .. ~ ~ . . . . . .. . .. . ... ... . . . ~ ~ - - Prosecutorial Data (for the State of California) In 1999: 0 There were a total of 372 hate crime complaints filed by district attorneys and elected city attorneys. 0 There were a total of 174 hate crime convictions. 0 The conviction rate (174B72) for hate crime convictions was 46.8 percent. Hate Crimes, 1999 1 Events 1 Offences 1 Victims 1 Known Suspects ChulaVista I 2 I 2 I 2 I 2 El Cajon 5 11 11 11 Escondido 7 5 5 5 Encinitas* 4 3 3 3 Figure 31: Hate Crimes in 1999 1 La Mesa I7 171111 3 National City 1 1 218 299 240 237 Sin Diego 120 182 142 141 San Diego 7 16 8 8 Oceanside 2 1 County ~~ ~ ~ Sheriffs Dept. * Contracts with San Diego County Sheriffs Department. 2 9 8 8 Vista* 8 10 9 9 Santee* 34 34 30 29 The following articles illustrate problems which are increasing in the region, and which are the purest examples of hate crimes in housing. Woman Accused in Attack on Neighbor Ordered to Trial (Press Release) A white San Diego woman was held for trial yesterday on charges of trying to bum her black neighbor's apartment and leaving him racist'notes, including one that said, "KKK, the real Boyz in the Hood." The complainant, a 40-year-old male, testified that his neighbor, Mary Brandelius, also routinely hurled racial slurs in his direction and once threw a bike down a flight of stairs at him? .. ",From the San Dieeo Union Tribune, July 13,2000. 187 " Fair Housing Council of San Diego " " "Hate Crime Charged In Flame-Thrower Attack on Escondido Neighbor" (Press Release) A 21-year-old Escondido man was ordered held on $200,000 bail yesterday over what prosecutors said was a hate crime against a neighbor involving a home-made flame thrower early Sunday. A prosecutor said Williams, who is white, shot flames 1 to 2 feet long at bushes in front of the neighbor's house and car and, when the neighbor came outside, at him. The neighbor is black. Prosecutor Hector Jimenez said witnesses reported that Williams yelled, "I'm going to blow up your car, nigger," at the neighbor, who recently moved into Williams' Rock Springs Road neighborhoodl'' See Appendix J for Clara Harris' report on Hate Crimes. Affordable Housing See Appendix K for Nico Calavita's report on Affordable Housing. Available Housing According to Market Profiles of San Diego for September 1998, "Although 383 new units entered the San Diego County rental marketplace over the past six months, the quote that has become the mantra for Rental Trends still holds. 'I Though some would not call it a crisis, those with their name on an ever lengthening waiting list and those seeing their monthly rental rate payments climbing by os much as a hundred dollars a month may disagree. I' As San Diego's economy has recovered over the past few years the rental market has gotten extremely tight and has turned once again from a renters to a landlords market. The apartment market after years of giving away incentives and realizing flat rental rates is reaping the rewards of an under built supply and demand imbalance. Key contributing factors to the rental housing crisis are significant job and population expansion; reverse boomeranging, as those who left home and then came back when the economy turned down are once again leaving home; and the splitting up of those friends who doubled up to save money years ago. For the fourth consecutive year, the countywide vacancy rate has been declining and as of our September 1998 audit, the vacancy rate registered at .50 percent. This 'denotes the first time in history we can note that the vacancy rate has dipped below one percent. Continued low vacancy rates have allowed apartment complexes to continue reducing concessions, as well as raising rents which have increased to a countywide average of $785 per month." Since rents started moving upward in the beginning of 1996, rental rate averages countywide have climbed nearly 33 percent to an average of $887 per month. Thanks to the continued introduction of new units, the countywide vacancy rate has risen to the low of 30 percent seetiin early 1998. However, even with the 3,569 units added to the rental market the countywide vacancy rate remains below 2.0 percent (September 1999). Public Assisted Housing There are six public housing authorities operating in the region; in the cities of National City, Carlsbad, Oceanside, Encinitas, the City of San Diego (San Diego Housing Commission) and the County of San Diego. Only one agency, the San Diego Housing Commission, operates a housing voucher program and publicly owned housing. The remaining cities have no public assisted housing-they do have housing voucher programs. '' From the San Dieeo Union Tribune, March 30,2000. 188 .. .. .. . . . . . . . -. , . . . . -. . - .- ... ._ " . _. . . . " . . .... ~ ~ - Analysis of impediments to Fair Housing Choice Each of the public housing authorities includes fair housing policy statements in their administrative plans. Direct housing discrimination and disparate impact on fair housing choice for HUD voucher holders is most pronounced when individual owners discriminate against otherwise qualified applicants who happen to fit other protected class groups. The recent, developing trends in the region of escalating rents and low vacancy rates weigh most heavily upon low income, raciavethnic groups, single, female-headed and disabled families. Each of these groups is at "high risk" and is more likely to become the victim of housing discrimination. The City of San Diego has extensive housing programs as discussed below. The SDHC owns and manages approximately 1,209 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. In addition to serving nearly 40,000 households each year through Public Housing and Rental Assistance Programs, the City, through its Housing Commission, has also helped neighborhood revitalization by facilitating below-market-rate loans to rental property owners who wish to improve and rehabilitate deteriorating properties. In addition, the Commission has administered programs designed to be a catalyst to private sector development of affordable housing through favorable financing programs as well as land use incentives. Rental assistance programs include families, mobile home tenants, persons with disabilities, persons with AIDS, as well as'low-income seniors and families. Help for first-time homebuyers and existing homeowners needing housing rehabilitation are among the many programs supported by the City. School Desegregation School and residential segregation have been the historical impetus of fair housing laws passage. The legislative history for the passage of the Civil Rights Act of 1968 is outlined in Housing Discrimination Law and Litigation, by Professor Robert G. Schwemm. In Chapter 5, the connection between racially segregated housing and schools is noted: 'I.. .the vast majority of inner-city schools are rigidly segregated [. . .R]acial isolation in the urban public schools is the result principally of residential segregation and widespread employment of the 'neighborhood school policy' which transfers segregation from housing to education." Desegregation Plans In 1965, the San Diego Unified School District Board of Education appointed the 41-member blue ribbon Citizens Committee on Equal Educational Opportunities. This committee, chaired by Judge Byron Lindsley, was to determine the effect of racial imbalance on the educational opportunities of minority students and recommend changes to overcome barriers. The committee's report in 1966 recommended redrawing boundaries, pairing schools, eliminating optional zones, and other changes. Frustrated by failure of the board to take effective action, parents of nine children, Caucasian, African American, Hispanic and Asian, filed a suit, the Carlin case, in December 1967. The suit was delayed until 1976 pending resolution of other suits and legislative acts. In June 1976, the State Supreme Court reaffirmed in the Los Angeles Crawford case its previous decision in Jackson v. Pasadena (1 963) that school boards have a constitutional duty to alleviate segregation regardless of its cause. "_. 189 Fair Housing Council of San Diego The Carlin trial began on November 3, 1976, and ended on January 26, 1977. Judge Louis Welsh found the schools to be segregated and ordered the District to present the Court with an integration plan by June. The plan the District submitted ignored a number of recommendations by the district-appointed Citizens Advisory Committee on Racial Integration, such as mandatory assignments that might be needed. The Court found the initial plan did not take all reasonable and feasible steps and ordered the district to submit a revised plan. The plan approved by the Court relied on the Voluntary Ethnic Enrollment Plan, which allowed students to transfer to another school as long as the transfer reduced segregation. Only non-Anglo students took advantage of this opportunity. The other major component was magnet schools with special programs to attract students to integrate schools. The plan also called for racehuman relations training for students and employees, attention to academic achievement, and other efforts to promote equality of opportunities. ”” ”- In 1978, the Court appointed the Integration Task Force, chaired by Police Chief Bill Kolendar, to monitor the program. In 1979 and 198 1 , the Court appointed outside experts to review the District’s performance. In December 1980, the Court granted Groundswell, a group that opposed mandatory assignments and the use of race as a criterion for participation in magnet programs, intervenor status. Judge Franklin Orfield replaced Judge Welsh on Welsh’s retirement in October 1981. Until 1985, when the Court issued a final order, annual hearings were held in September, progress was reviewed and additional orders issued as appropriate. After 1985, informal meetings were held over lunch with the parties. The plan did not achieve the results intended. In 1976 the district was about 34% non-Anglo. In 1999, it was about 72% non-Anglo. In 1976 there were 20 schools over 90% non-Anglo. In 1999, 43 schools were over 90% non-Anglo. The School of Creative and Performing Arts is a successfully integrated school with good academic performance. Individual students have benefited from the various programs. However, there are questions about the effectiveness of some magnet schools and there is still a very significant academic achievement gap between Anglo and Asian students and other non-Anglo groups. Judge Arthur Jones replaced Judge Orfield when he retirement in October 1987. On August 16, 1996, the Court issued its Final Order Terminating Court Jurisdiction with jurisdiction to end on January I, 2000. After the passage of Proposition 209, the California Civil Rights Initiative-which prohibited the use of race as a criterion in decisions- Intervenor Groundswell sought to bring Proposition 209 to bear. Citing Proposition 209, the Court modified its final order to end jurisdiction on July 1, 1998. Since Proposition 209 specifically exempted districts previously under a court order, the District and Plaintiffs appealed this modification. However, the Fourth Appellate District denied the appeal and Court jurisdiction ended on July 1, 1998. While the Court no longer has jurisdiction, the court -ordered plan is still in effect and the district is being reimbursed for implementing the plan. In September 1999, the Superintendent proposed changes in the criteria for participation in integration programs that would not be based on race. Action on proposed changes was scheduled for January 2000. Regional Potential Impediments to Fair Housing 1. The language and cultural diversity barriers naturally associated with the region’s growing population and changing demographic profile may present impediments to public outreach and education about fair housing. Fair housing education is of vital importance for understanding fair housing rights and responsibilities, as well 190 .~ __ ~ ". . ... " . ." . ... . .- .- .. . . . . . . ... .... _" .... Analysis of Impediments to Fair Housing Choice as identifying remedies to discrimination in housing. Self-compliance, advocacy and resolution are also fostered through public education. 2. With a growing population and predicted shortages .of available, affordable units in the region, the potential is greater for intentional housing discrimination or for that which is based upon unintentional but disparate impact discrimination. 3. Housing redevelopment and planning and/or the failure to spend allocated funds as required under the CRL may impede the development of an adequate affordable housing supply. 4. The connection between income and fair and affordable housing choices is increasingly advocated as an issue of relevance to fair housing choice, since these issues are interrelated, whether examining the causes of or remedial strategies. An inadequate supply of affordable housing choices will potentially operate as a fair housing impediment for those protected groups most in need-seniors, families with children, low- and moderate-income families. More education is needed to highlight where "fair" and "affordable" should be distinguished, and how they are interrelated within the context of fair housing in the region. 5. Economically and racially/minority concentrated areas are isolated fiom jobs, government health and social, service programs and residents often live in less desirable housing. Preventive measures such as plans for inclusionary housing, mobility programs for federal housing participants, and planning for jobs, housing and transportation balance will positively impact future housing choices in the region. 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 in the region. 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 requestor's expense) amounts to . a fair housing impediment and potential violation. Further, the law provides that failure to design and construct certain multi-family dwellings (built for first occupancy after March 1991) to include certain features of accessible design will be regarded as unlawful discrimination. 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 FHA 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 based upon cost, type and availability factors. In addition, owners sometimes prefer older renters, believing them to be better tenants. This may result in increased discrimination against families with children and is therefore, a potential impediment in the region. Also, housing providers who hold themselves out as "senior housing" entities, but who do not meet such criteria, create housing barriers which may amount to discriminatory acts. 1 1. Hate crimes that are committed specifically against those who are exercising their fair housing rights are underreported as housing FWcivil rights violations. Where documented, hate crimes in housing constitute a serious impediment to housing choice. More research is needed about the incidence of hate in housing to determine nature and extent of the impediment to fair housing choice. 12. Zoning practices or regulations that target or restrict the housing choices of persons with' disabilities present a potential impediment to fair housing choice in the region. __ , 191 Fair Housing Council of San Dieao Regional Documented Impediments to Fair Housing 1. Mortgage lending rejection rates are higher for minorities, especially Hispanics and African Americans; local testing supports the conclusion of disparate treatment in the pre-application process. 2. National, regional and local audits document differential treatment of Hispanics, African Americans and families with children in the rental housing marketplace. 3. Discriminatory outcomes were documented during local sales audit. National, regional and local audits document differential treatment of Hispanics and Blacks in the housing sales market. 4. All studies acknowledge that housing discrimination is more pronounced among single heads of households, especially minority females. There are also noted fair housing impediments faced by farm workers, elderly homeseekers, students, homeless and disabled populations; these are typically reported on a case-by-case, anecdotal basis. 5. Property insurance "redlining" or discriminatory coverage provisiodterms by property insurers constitutes a violation of the Fair Housing Act. Initial test-audit findings point to the possible existence of property insurance redlining. More research is needed; current testing indicates differential responses based upon racial/ethnic composition of neighborhoods. 6. Litigated cases in the region have documented fair housing violations based on national origin, familial status, disability and advertising violations. 192 Chapter 5 Proactive Strategies for Affirmatively Furthering Fair Housing and Implementing Fair Housing Plan Introduction The strategies and plans outlined in this chapter are presented as recommendations. These recommendations are modeled after those provided by one of the oldest civil rights and fair housing centers in the nation, Housing Opportunities Made Equal (HOME), of Richmond, Virginia. Suggested activities are adaptable to the operations of “affirmative” fair housing programs. ,The recommendations should serve as a guide for the formation of a regional approach to future fair housing planning for the San Diego region. In some jurisdictions, strategies similar to those being recommended are already in progress. When fully implemented and incorporated into the jurisdiction’s existing fair housing activities, these strategies will operate as the jurisdiction’s total and integrated plan of action. See individual action plans for each jurisdiction. Specific proactive strategies, programs, services and special initiatives are also articulated in the Consolidated Plan, Housing Element or past AI of each jurisdiction. The regional AI results, based upon audit findings and litigated cases, document areas in which discrimination in housing exist in the region. These areas are: mortgage lending; property insurance coverage and availability; rental housing (involving familial status, national origin, disability and race); housing sales (involving race and national origin-Hispanic) and in some cases, design and accessibility of new construction (first occupancy after March 13, 1991). The regional AI has identified certain other housing and housing-related conditions in each jurisdiction which, when taken on an individual basis might not rise to the level of an enforceable fair housing right. However, when reviewed in relationship to other study findings and recommendations, these same issues become global fair housing impediments for which planning and solutions are required. Regional (and global) conditions and current trends are namely those affecting: homelessness; families with children (including single parent female-headed households); farm worker housing; senior housing exemptions; lack of affordable and available housing and special needs housing. It is clear that the unmet needs for housing for these special needs groups will simply exacerbate the deficiencies of fair housing For certain housing conditions which are ancillary to fair housing enforcement, such as farm worker, homeless, lead-based paint, location of social services and housing assistance programs, there is a need for regional solutions. For other problems unique to a particular jurisdiction, local solutions must be established. Where a problem of significant import occurs in more than four jurisdictions, it is treated as a regional issue and is discussed in the section dealing with regional recommendations, infra. The AI also identified several programs, approaches and commitments already in existence, which when fully implemented, will lend significant support to the achievement of fair housing objectives in the region. One such program is the Regional Opportunity Housing Mobility Program (locally, the Community Opportunities Program). Strategy to Address Negative Effects and Guide Fair Housing Policy Impediments Common to Each Jurisdiction and Requiring Regional Solutions . 0 Lead-based paint issues limit housing choice. Fair Housing Council of San Diego - - ” __-~ Homelessness status, due to inadequacy of housing shelters limits housing choice. More regional solutions are required to meet needs; research is needed on the relationship between housing discrimination (as directed against the disabled, families with children and single females) and homeless status, in general, and on a case-by-case basis. Many housing owners currently opt not to rent to families who are receiving HUD housing assistance; due to economic/other factors. Local or county public housing authorities need to assist voucher holders in finding suitable rental housing throughout the jurisdiction and not just in concentrated locations. The creation of a regional approach to the administration of HUD voucher programs and the implementation of housing mobility programs will help to alleviate this barrier to housing choice . Assistance should also include tenant- based rental assistance in the form of security deposits and first-time homebuyer assistance. Lack of minority membership on official and other community planning and zoning boards limits participation of the full community in the decision making process. There is a need for recruitment and other procedures to insure minority participation on community planning and zoning boards. Lack ofjobs, housing and transportation linkages throughout the jurisdictions, especially near centers of new job developments north of the interstate highway and other developing areas, creates housing bamers. Affordable and available housing units are currently inadequate in housing type (i.e. large number of bedrooms for large families) and supply. New job development trends ari not producing the type of jobs needed which pay enough to afford median priced homes. There is a high risk of new job development and relocation of new companies being curtailed or stopped by high housing costs. Fair Housing Plan This is a condensed version of the bamers to housing choice which were identified in the study, and the actions recommended to overcome them. 1. There is a need for more regional cooperation. The lack of any formal mechanism for cooperation among the jurisdictions which constitute the regionwide area discourages regional solutions to fair housing problems which are regional in nature. Plan: Elected officials in all jurisdictions should acknowledge the need for regional cooperation to eliminate barriers to housing choice, and should actively support the development of whatever cooperative mechanisms are necessary to make open housing a reality. 2. Public Transportation is not available throughout the region. Severe limitations are placed on housing choice by the lack of a metropolitan area-wide public transportation system, and by the limited availability of paratransit services for persons with disabilities. Plan: Adequate public transportation should be provided throughout the entire region. The region should make improvements in its paratransit services a high priority. 3. Illegal housing discrimination limits housing choice. A substantial number of fair housing violations occur every year based on race, national origin, disability and the presence of children in the family, in almost all types of housing or housing-related transactions and in every jurisdiction. Plan: Provide sufficient fhding for fkir housing enforcement services (including testing) to support 111 investigation of claims and assistance for victims of housing discrimination. 194 ... e 0 4. - - .... - "_ . Analysis of Impediments to Fair Housing Choice Provide sufficient funding for fair housing education and training of housing consumers and providers of housing-related services to assist them to increase compliance with the fair housing laws. Make communications resources available to provide fair housing information to the community. For example: Allow or promote use of cable television and other public channels as a source of fair housing information. Make a few minutes available at every formal televised City Council meeting for the provision of fair housing inforination. Print and distribute fair housing information on a regular basis to all City employees, at the expense of the jurisdictions. African Americans and Hispanics are not treated equally in the making of mortgage loans. African Americans and Hispanics have disproportionately less access to home purchase and refinance loans than do Caucasians of similar income levels; and Afiican Americans and Hispanics are steered to FHA loans more often than Caucasian applicants are. FHA loans are concentrated in minority neighborhoods, increasing the likelihood of problems associated with such a concentration: a higher percentage of foreclosures and subsequent neighborhood blight. Plan: Support enforcement of the fair housing laws (including pre-application testing) to ensure that African Americans and Hispanics are treated equally in the home purchase and refinance loan markets. Publish and distribute fair housing educational materials to potential and existing homeowners to help them to recognize problems which may be the result of discrimination in lending. Support individual pre-purchase counseling to assist low- and moderate-income families in gaining access to home purchase loans. Support community homebuyer education programs to enhance the ability of low- and moderate-income families to gain access to the mortgage loan market. Encourage local lenders to undertake programs of self-testing to detect unequal treatment in the pre- application stage, and to review their underwriting standards, policies and procedures, and employee training programs to eliminate possible sources of bias in lending. J. Insurance companies discriminate by race andor racial or ethnic identity of the neighborhood in the provision of homeowners' insurance. Insurance companies use a variety of techniques (such as underwriting standards or differential treatment) which deny adequate homeowners' insurance to African American and other minority neighborhoods. Major companies offering coverage are also noticeably absent from neighborhoods identified by raciavethnic characteristics. Plan: 0 Provide adequate. financial support for fair housing enforcement (including testing) to detect and eliminate discriminatory practices in the provision of homeowners' insurance. 0 Support fair housing education programs and informational materials to help homeowners recognize and challenge discriminatory practices. Support federal legislation requiring disclosure of the types and locations of insurance policies sold, similar to that required of lenders for disclosure under the Home Mortgage Data Act. . Support similar disclosure requirements in state law. -" 195 Fair Housing Council of San Diego 6. Consumer finance companies and other lenders practice predatory lending in minority neighborhoods. A disproportionate number of high cost, high equity loans are made in lower-income minority neighborhoods by consumer finance companies, increasing the risk of delinquency and default and ultimately depressing the neighborhood as a whole. Plan: 0 Support fair housing enforcement to identify and take action against potentially illegal lending practices (both - "- by consumer finance companies and by mainstream lenders). lenders to help homeowners protect themselves against high-pressure business practices. 0 Support extensive community education programs in neighborhoods which may be targets of predatory 0 Support a program of home ownership counseling which includes assisting in repairing credit to allow access to mainstream lenders and assistance in dealing with contractors and lenders. 0 Print and distribute informational materials for consumers to help them identify and protect themselves against high-pressure business tactics by home improvement contractors and consumer finance companies. 0 Support regulatory changes on the state level to increase the information submitted by consumer finance companies to the Bureau ofFinancia1 Institutions, and make that information available to the public. 7. Lack of information interferes with the ability of low- and moderate-income individuals and families to purchase homes and become successful homeowners; there are insufficient resources to meet the demand for pre-purchase counseling. Plan: 0 Continue to provide financial support for individual pre-purchase counseling for low- and moderate-income homebuyers, expand that support as feasible. 0 Work to develop additional resources to support an expansion of counseling programs. 8. Lack of funds for down payments, security deposits and closing costs limit the ability of many households to purchase or rent the home of their choice. Low- and moderate-income families are unable to rent purchase homes because they lack the necessary funds for security deposits or down payments and closing costs, or have access to a limited number of neighborhoods because of the price of houses. Plan: 0 Continue financial support for down payment and closing cost assistance to increase number of neighborhoods in which potential homebuyers are able to purchase; expand when feasible; establish tenant- based rental assistance (security deposit) programs. 0 Provide financial support for comprehensive brochure describing financing options available for low- and moderate-income homeseekers through a variety of sources. 9. The existing segregated housing market encourages segregated housing decisions. The existence of a strongly segregated housing market itself creates barriers to housing choice, regardless of whether discrimination is occurring. It requires homeseekers to overcome powerfir1 personal and community expectations that they will live in neighborhoods with people like themselves. Plan: Provide financial incentives to encourage pro-integrative moves, both within each jurisdiction and on a regional basis. These might be in the form of additional funds for down payment assistance, the use of special rate loan funds or security deposit assistance. 196 . . . .. . . . . . . .. .. . . .. "" . ." . ." . . - "_.-."""."-~.".-.__I Analysis of Impediments to Fair Housing Choice 10. Some redevelopment does not work to overcome segregated housing patterns. Segregated housing patterns are sometimes confirmed, rather than diluted, by redevelopment in the City. Plan: 0 Require CDCs receiving city funds to develop and implement affirmative marketing plans which reach and appeal to all segments of the community (thus expanding their markets). 0 Provide technical assistance and training in affirmative marketing to recipients of City funds. 0 Emphasize mixed 'income housing in all neighborhoods being targeted for redevelopment (including downtown), to create racially and economically diverse neighborhoods. 11. Public and assisted housing may concentrate residents by race and income, depriving lower-income families of access to the opportunities available in more diverse neighborhoods. Plan: 0 Establish a regional housing authority or adapt some regionwide practices that would be able to work throughout the metropolitan area. 0 Review zoning ordinances to ensure that multi-family housing is an approved use in .a variety of neighborhoods throughout the jurisdictions. 0 Encourage mixed income and mixed tenure (homeownership and rental) developments, especially when tax credits or other public subsidies are used. 0 Support the establishment of a regionwide consolidated waiting list for assisted housing, in which applications could be made to one central repository, and applicants encouraged to consider a variety of options. 0 Require that all developments using public funds or tax credits undertake a comprehensive affirmative marketing program that reaches the widest possible community. 0 Support local housing mobility programs to facilitate regionwide housing mobility programs to facilitate regionwide housing moves of assisted housing participants. 12. There ,are severe limitations on where Section 8 cert'ificate holders are able to live. Housing choices for lower-income families who qualify for Section 8 certificates and vouchers are severely limited because of the number of certificates, program restrictions, landlord resistance, discrimination and lack of information about housing options. Plan: Develop or continue a regionwide mobility program (which includes housing search assistaqce and support) for voucher holders; apply for federal funds when available (i.e. see local Community Opportunities Program as model). 0 Develop incentives to encourage landlords to accept Section 8 certificates. 0 Provide information and counseling to current voucher holders about the full range of their housing options. 13. City officials may not be sufficiently familiar with the fair housing laws and how those laws affect their responsibilities and decision making. Plan: 0 Identify categories of city employees for whom fair housing training should be mandatory; design and implement a fair housing training plan or attend programs already in existence. ~ __. 197 ""- Fair Housing Council of San Diego a Provide optional fair housing training for all other city employees. 14. There is not enough affordable, accessible housing. An insufficient number of affordable, accessible housing units are available which meet the needs of persons with disabilities in the region.; there is no process in place to ensure that the law governing the accessibility of multi-family housing is enforced. Plan: Make the region a national leader in the effort to increase housing accessibility: make a highly visible public commitment to enhancing accessibility in housing and incorporate this goal into as many regional activities as possible. Incorporate a review of multi-family accessibility requirements into the building permit process. For example: include information about the accessibility requirements of the Fair Housing Act in application packets for multi-family housing approvals; provide building inspectors with training on accessibility requirements; refer buildings not in compliance to local fair housing centers or DFEH for .fair housing enforcement. Develop and distribute informational material on universal design features to all local architects, builders and contractors. Strongly encourage all housing providers to use universal design features in new construction and rehabilitation wherever possible. Sponsor a fair housing symposium and product showcase on universal design for architects, builders, contractors and others to promote the use of universal design generally. 15. The commonly used income to rent ratio excludes many persons with disabilities. Housing providers require a higher income to rent ratio than many persons with disabilities can afford. Plan: Support development of innovative programs to help persons with disabilities guarantee rent payments andor security deposits. 16. Economics and political pressures confine group homes for persons with disabilities to a relatively small number of neighborhoods; the current zoning ordinance limits the location of any home for more than six people to a small number of districts. Plan: 0 Revise the zoning ordinance to expand the number of neighborhoods in which special needs housing is permitted. 0 Provide an incentive (perhaps a simpler process) for service providers to locate neighborhoods in which group homes are not already concentrated. 0 Develop a formal process which encourages the use of alternative dispute resolution to help service providers and neighborhoods reconcile differences over group home issues. 17. The location of housing for the homeless is severely restricted. The region's current zoning ordinance severely restricts the location of housing for the homeless; those choices are further restricted by the reluctance of most neighborhoods to accept housing and services for the homeless or a service provider. The lack of housing and services for the homeless itself further limits the housing choices for this segment of the population. 198 I, Analysis of Impediments to Fair Housing Choice .. . ., .,. ,. . ._ . .- . . . . .. ._ . . .* .... ... . .. Plan: 0 Revise the zoning ordinance to expand the number of neighborhoods in which special needs housing is permitted; ensure that expansion includes both majority Caucasian and majority African American neighborhoods. .. 0 Work with RTFH to study the feasibility of operating three or four smaller facilities in various p& of the region to help lessen the intensity of need. 0 Provide facilitators, or persons trained in alternative dispute resolution, to help resolve conflicts between neighborhoods and service providers in areas where transitional housing is planned. 0 Establish a small, regional task force which would include representatives from service providers and the homeless (selected by those groups rather than appointed). This group would identify areas that might be appropriate sites for transitional housing and would develop a plan to create the necessary zoning, transportation and service delivery. 18. Local advertising practices do not emphasize diversity or encourage housing choice. Advertising practices in the region do little to emphasize that housing is available on an equal basis and to encourage housing choice. Plan: 0 Support continued fair housing enforcement and education to ensure compliance with the fair housing laws; .. support the local San Diego Advertising Task Force. 0 Ensure that the region's advertising continues to reflect and appeal to a diverse community through a monitoring process. 0 Work with industry professionals, realtors and apartment management associations to provide training and information to housing providers and advertising agencies on how to increase the return on their advertising dollar by marketing for diversity. 0 Institute an annual award for the housing advertisement which most successfully markets the strengths of a diverse community. 19. Fair housing enforcement is not adequately funded. The availability of comprehensive fair housing enforcement services is dependent on continued federal fimding; budgetary constraints limit outreach, education and enforcement (lack of funds for investigational testing) for housing consumers. Plan: Provide adequate funding for fair housing enforcement and outreach. 0 Provide adequate funding in order to maintain a comprehensive fair housing enforcement program. 0 Provide adequate funding to hire fair housing workers to meet the needs of a population of 2.8 million people. Make City communications resources, such as a few minutes before televised City Council meetings, available for fair hoking education and outreach. 20. Additional outreach is needed for private enforcement efforts. There are few experienced fair housing plaintiffs (or respondent) attorneys, which can hinder prompt representation of victims of housing discrimination. Plan: Develop andor support efforts to expand outreach to the private bar, i.e. may utilize already existing Laws and Litigation conference which is offered annually in February in the San Diego region. ___"_ "" 199 Fair Housing Council of San Diego - Fair Housing Outreach, Education, Technical Assistance and Complaint Processing in the Region Two models of fair housing service delivery are currently in place in the region. In one model, the entitlement entity provides fair housing services utilizing internal staff and programs. The cities of Vista and Oceanside operate fair housing programs utilizing this government agency-based model. For additional information regarding this type of service, see Appendix L. Another model is that where the entitlement city contracts with local private groups to provide fair housing services. Under this model, the cities of La Mesa, El Cajon, Santee, Carlsbad and Escondido contract with Heartland Human Relations and Fair Housing Association. For additional information regarding these services, see Appendix M. The FHCSD provides services to the cities of San Diego, Chula Vista, National City, and the San Diego Urban County. The Urban County includes the unincorporated areas of San Diego County as well as the cities of Coronado, Del Mar, Imperial Beach, Lemon Grove, Poway, Solana Beach and San Macros. For additional infonnation regarding these services, see Appendix N. Other Fair Housing Resources in the Region’ Various industry association groups operate in the jurisdiction and are prominent players in fair housing. Included among these groups, who regularly offer fair housing training for their members, are: 0 The San Diego Association of Realtors 0 The Pacific Southwest Association of Realtors 0 The San Diego County Apartment Owners Association 0 The Building Industry Association 0 Local Banker Associations 0 The San Diego Advertising Task Force and 0 The Fair Housing Resources Board. Certification of fair housing training has become a mandatory process associated with the renewal of a California-issued real estate license. The FHCSD operates a DRE (Department of Real Estate)-approved fair housing course accredited for three hours of instruction. Since 1992, the FHCSD has also sponsored the annual twoday Fair Housing Laws and Litigation Conference. Recommendations and Conclusions Analyses by way of document review, audit findings, current testing activities, gathering of pertinent information and other methodologies reveal that the national trends of housing discrimination are also reflected in measurable ways in the San Diego region. Impediments to housing choice in each jurisdiction within the region exist based upon documentation of unlawful andor potentially unlawful responses to housing consumers who are seeking to rent, buy, finance and/or insure housing units. Moreover, government decision making, both historically and currently, is potentially the source of housing baniers (i.e. land use issues or occupancy standards). The challenge is to develop and balance other legitimate housing program goals for the jurisdiction or region, congruently with fair housing mandates. 200 Analysis of Impediments to Fair Housing Choice , ,, , .. . . . .. . . Some of the major impediments in the region involve FHA violations, which in effect deny individuals and families their civil rights to housing. Examples of this type of impediment include hate crimes, and other housinfloan applicant denials based upon race, disability, familial status, national origin and other impermissible bases. Government decisions and other developments regarding the issues of land use and community development, especially as they relate to group home housing opportunities for the disabled population andor affordable housing opportunities, sometimes result in establishing and continuing barriers to housing choice. A Not In My Backyard andor District approach, (articulated by some that disfavor concentration of such housing units) fuels the resistance to advancing these needs. Other areas of concern involve the impediments caused by systemic business practices known as insurance “redlining,” unlawful mortgage lendinglsub-prime lending practices and advertising infiactions, which negatively impact the region globally as well as locally. Most discrimination in the region mirrors national statistics and is alleged based on race, familial status, national origin and disability. More trends showing discrimination based on sexual orientation, gender (sexual harassment) and source of income are emerging regionally. Some anecdotal indication of intra-group discrimination (new owners who rent only to members oftheir ethnic groups) is also emerging. Economic factors concerning income and educational levels in relationship to employability and job readiness naturally influence housing choice and affordability. Low-income and minority concentrations in the region present issues of impediments to housing choice. Transportation, housing and jobs linkages (or the lack thereof) influence where people live and work. Recommendations All of the jurisdictions in the region are engaged in many proactive, affirmative and preventive activities and programs which, when fully implemented, will go a long way toward addressing the issues of housing choice . impediments. Some of the positive responses include, but are not limited to: inclusionary housing; support to first time homebuyers, housing rehabilitation and affordable housing development. It is recommended that activities outlined under Strategies to Address Negative Effects and Guide Fair Housing Policy and Planning, in Chapter Five (supra) be undertaken to the extent possible and feasible in the jurisdictions and the region. Since many of the issues of housing impediments are common to each jurisdiction, it is strongly recommended that a regional approach to solutions be undertaken. Jurisdictions should work cooperatively and in collaboration to address and remove fair housing barriers, to the extent possible. While no formal mechanism currently exists, the informal organization already embodied in the FHRB could become strengthened for this purpose. The FHRB could operate as an ongoing forum for setting a regional plan, establishing timeframes and evaluating progress under the plan. In essence, this process will begin the next consolidated planning cycle. For the more intractable issues of blatant or uninformed violations of the FHA, more direct remedies are recommended. Increased funding to provide for effective public education through proactive outreach and education is recommended; such programs should be substantive and appropriately funded for both landlordtenant and housing discrimination educational services. While it is recognized that landlordtenant education is not a Consolidated Plan mandate (as is fair housing), this area is extremely important for purposes of addressing in-place tenancy violations as well as the issue of an undereducated (about their rights and responsibilities) consumer, and sometimes ownedgovemment worker. There is a strong correlation ’ 201 __. Fair Housing CoUncil of San Diego I__._ between the levels of fair housing education and the quality and quantity of bona fide housing discrimination, which are reported by housing consumers in the region. Each jurisdiction is obligated to ensure that adequate intake and investigation of bona fide complaints of housing discrimination occur within the jurisdiction. Stronger and more persistent enforcement activity is needed to ensure proper referral to enforcement resources for individuals and families whose civil rights have been violated. Housing industry professionals, responsible government officials and others involved in fair housing work must become more educated about and more committed to the achievement of fair housing goals in the region. Recommendations and Expected Time Frame for Implementation The first important step in the establishment and implementation of a regional Fair Housing Action Plan will be to achieve consensus among the participating cities. As recommended above, jurisdictions must agree that the FHRB is an acceptable forum for planning and establishing a viable fair housing action plan for the region. Since each participating jurisdiction is affiliated with FHRB and regularly attends FHRB meetings, they (the meetings) seem naturally well suited for this purpose. According to the Fair Housing Planning Guide, pages 2-14 to 2-1 5, "State and Entitlement jurisdictions may establish a body made up of representatives from diverse population groups, housing industry, and fair housing groups to assist in FHP.. . A community might begin with a working group that identifies and analyzes impediments and develops a plan. Once this is accomplished, elements of the working group might evolve into an ongoing committee or commission to oversee the implementation of the FHP.. . ." Once consensus is reached and FHRB is the lead entity, follow up activity is recommended as follows. On a regional and jurisdictional level, conduct follow up activities to: 0 Publish, disseminate and communicate conclusions and recommendations to top policy makers, key government staff, community organizations and the general public. This will ensure that diverse pups in the community are provided with an opportunity to have ongoing input (per FHPG). 0 Prioritize those impediments which are clearly regional in nature and which require regional approaches. 0 Set time fiames that reflect quarterly and annual milestones to be achieved. 0 Other specific steps to be taken are outlined in the FHPG (page 2-22) as follows: 0 List fair housing action@) to be completed for each objective. 0 Determine the time period for completion. Identify resources from local, State and Federal agencies or programs as well as from financial, nonprofit and other organizations that have agreed to finance or otherwise support fair housing actions. 0 Identify individuals, groups and organizations to be involved in each action and define their responsibilities; Obtain written commitments from all involved, as a formal recognition of their agreement to participate in the effort in the manner indicated. HUD recommends that jurisdictions specify these commitments in the appropriate contracts that may arise in connection with the fiir housing actions. 0 Set priorities. Schedule actions for a time period which is consistent with the Consolidated Plan cycle. 202 . _" .. . . . .. . .. .. .. . . . . . .. -. . . . . . . ~ . ~ Analysis of Impediments to Fair Housing Choice Funding Support Provided by Jurisdictions in the Region for 2000-2001 Total Amount of CDBG Total Amount of Total Population and HOME Funds. Allocation for Fair (Persons in 1999) Allocation Housing County of San Diego $10,330,333 $32,000 2,853,258 Carlsbad $622,000 $4,500 77,550 Chula Vista $2,879,000 $38,000 166,945 El Cajon $2,000,000 $37,400 95,546 ~~~~ ~ (CDBG" 19,000; HOME- $18,400) Encinitas $587,000 $5,000 60,426 Escondido $2,338,000 $24,000 125,597 La Mesa $589,000 $24,000 58,655 National City $2,044,000 $12,000 5496 1 Oceanside $2,584,000 $12,000 157,869 (City of) San Diego $28,29 1,OOO $88,000 1,254,28 1 Santee $463,000 $6,500 57,389 Vista . $1,143,000 $30,000 84,361 203 . " . . __. ~ _" _. __ .. . .. . . , . .. . . . .._ . . ... __ . . . . . . . , _. . ._ . . " Appendix A Acronyms AFFH CRA CRL DRE ECOA FHA FHAA FEHA FHCSD FHIP FHP FHPG FHRB HCD HHRA HMDA HOEPA HOME LAR LBP NAHA NCTD NIMBY RESPA RTFH TILA UDAP VAMA Affirmatively Furthering Fair Housing Community Reinvestment Act Community.Redevelopment Law Department of Real Estate Equal Credit Opportunity Act Fair Housing Act Fair Housing Amendments Act Fair Employment and Housing Act Fair Housing Council of San Diego Fair Housing Initiative Program Fair Housing Planning Fair Housing Planning Guide Fair Housing Resource Board Housing and Community Development Heartland Human Relations and Fair Housing Association Home Mortgage Disclosure Act Home Ownership and Equity Protection Act of 1994 Housing Opportunities Made Equal Loan Application Register Lead-Based Paint National Affordable Housing Act North County Transit District Not In My Back Yard Real Estate Settlement Procedures Act Regional .Task Force on the Homeless Truth In Lending Act Unfair and Deceptive Trade Practice Voluntary Affirmative Marketing Agreement .. . -. . .. . . . . . . . . . . -. . . . . . . - -. . .. . ._ - __ "_ " - -. . , . . . .. . . . . . . . . . . . . . . . . Appendix B Fair Housing Resource Board Membership ARC San Diego Regional Center Development Non-Profit Federation for HCD Lifeline Community Services San Diego Home Loan Counseling South Bay Community Services Market Research and Consulting City of Carlsbad U.S. Dept. of Housing & Urban Development Melroy Property Management Credit Counselors of California Caring Residents of Carlsbad San Diego Neighborhood Housing Services San Diego Friends of Legal Aid Ann Fathy Community Housing of North County San Diego Housing Commission San Diego. Service Center for the Blind Habitat for Humanity Community Interface Services Access Center North County Council on Aging Office of Community Builders (HUD) Richard Howell California Reinvestment Committee Telecare Corporation-San Diego Region Heartland Human Relations Fair Housing Council of San Diego BIA of San Diego California Western School of Law City of National City Community Development Department, City of Escondido Housing Department City of Chula Vista Community Development Department City of Oceanside Housing Department San Diego Association of Realtors San Diego FHRB Shuf Swift Jim Varnadore Neighborhood House Association Department of Fair Employment and Housing City of Encinitas Community Development City of El Cajon Planning Department City of La Mesa Planning Department North County Association of Realtors Pacific Southwest Association of Realtors League of Women Voters San Diego Apartment Association Community Housing of North County Regional Task Force on the Homeless County of San Diego HCD Chicano Federation East San Diego Association of Realtors North Coast County Mental Health City of Santee Doris Payne . .. -. B- 1 Appendix C Community Involvement Surveys Survey of Impediments to Fair Housing Choices Conducted on Behalf of a San Diego Regional Collaboration Participating cities: County of San Diego, Carlsbad, Chula Vista, El Cajon, Encinitas, Escondido, La Mesa, National City, Oceanside, San Diego, Santee and Vista In partial fulfillment of the U.S. Department of Housing and Urban Development’s (HUD) requirements for fair housing planning, the Fair Housing Council of San Diego is preparing an Analysis of Impediments (AI) to fair housing choice. Under Title I of the National Affordable Housing Act of 1990 (NAHA), state and local governments that receive certain federal monies are required to establish a “Consolidated Plan.” This plan identifies the jurisdiction’s overall needs pertaining to fair housing and outlines a strategy to address those needs. The Analysis of Impediments report is a central component of such fair housing planning; its thorough completion affects the allocation of resources to many important community programs. In an effort to establish a database that includes of various institutional and community perspectives, we are soliciting the opinions, advice and expertise of community organizations pertaining to matters of fair housing. Please assist our efforts by completing and returning this survey as soon as possible, in the self-addressed envelope provided. If you do not return the survey by October 15, 1999, our ofice will contact your organization to conduct a survey by phone. You may also fax your survey response to (619) 699-5885 We urge you to consider this an opportunity to participate in identifying the fair housing needs of your community and your constituency, and we thank you for your time. If you have any questions, please direct them to Mary Scott Knoll at (619) 699-5888 x 201. Name/Organization: Contact Name: Telephone: Fax: Address: Best time to call for Telephone Survey Responses: Definition of Fair Housing Choice According to the U.S. Department of Housing and Urban Development, fair housing choice is: “the ability of persons of similar incomes who are seeking housing in similar housing markets to have available to them the same housing choices, regardless of race, color, religion, sex, disability, familial status or national origin. ’’ c- 1 Fair Housing Council of San Diego "" Realtor Group Survey Fair Housing Analysis Impediments Survey 1. In your view, what are the most favorable aspects of fair housing laws as they relate to your business operations? 2. In your view, what are the least favorable aspects of fair housing laws as they relate to your business operations? 3. Do you have any other comments regarding the fair housing in the San Diego region? 4. Please rank in order, from the largest and most significant (8) to the smallest and least significant (l), the following potential barriers to fair housing based upon your business experiences. For example, if you believe that Lack of training has the greatest impact on the status of fair housing, and that Economic factors has the least impact, assign a "8" to Lack of training and a "1" to Economics. Assign number 2-7 to the rest of the items accordingly. - Inadequate enforcement resources - Levels of understanding of fair housing held by real estateAenders/property insurance/industry professionals (apartment managers and other staff) - Economic factors - Lack of training opportunities for real estate industry professionals - Levels of understanding regarding fair housing held by housing consumers (i.e. unable to differentiate between landlordhenant and housing discrimination) - Cultural difference factors and bias in housing markets - Lack of adequate housing supply; affordable housing - Lack of the integration of fair housing principles into day to day business operations Focus Group Invitation . Are you willing to attend a focus group discussion hosted by the Fair Housing Council where we could continue this process as scheduled below? PLACE: Doubletree Hotel, Mission Valley - Santa Barbara Room, 7450 Hazard Center Drive, San Diego, CA 92108 Phone: (619) 297-5466 DATE: March 29,2000 TIME: Morning Session(s): 1O:OO a.m. Group I: Housing consumers, community based organizations, affordable housing groups, public housing programslothers. DATE: March 29,2000 TIME: Afternoon Session(s): 2:OO p.m. Group 11: Government and quasi government, housing groups, real estate industry associations, lenders, .. appraiserslothers. RESPONSE: 0 Yes, I would like to attend morning session. 0 Yes, I would like to attend afternoon session. 0 No, I am unable to attend. c-2 - Analysis of Impediments to Fair Housing Choice Consumer Group Sur-ve:; Fair Housing Analysis Impediments Survey 1.Please rank the list of potential impediments to fair housing in San Diego region in order, fiom the largest and most significant (IO) to the smallest and least significant (1). For example, if you believe that Lending issues and practices have the greatest impact on the status of fair housing, and that Advertising has the least impact, assign a “10” to Lending and a “I” to Advertising. Assign number 2-9 to the rest of the items accordingly. A. - ADVERTISING 0 Lack of affirmative marketing or promotional materials that are inclusive of diverse groups (i.e., depicting different racial, ethnic, and other minorities in advertising images) and targeted to all potential renters or buyers, regardless of race, color religion, sex, familial status, marital status, disability, national origin, or ancestry. 0 Unlawfid printed advertisements indicating discriminatory preferences (i.e., no children). B. .- DEVELOPMENT AND SALE AND/OR NEW CONSTRUCTION OF SINGLE AND MULTI-, FAMILY HOUSING, Inadequate supply. of housing Prohibitive locations of new housing developments *i.e., limited access to public transportation) Discrimination in home sales. 0 Inconvenient or far away location of lending branches and offices 0 Discriminatory practices by appraisers; brokers 0 Lack of Community Reinvestment Compliance (i.e., Lending institutions reinvesting in the . neighborhoods where they do business) Higher rejection rates for minority and women borrowers 0 Predatory sub-prime lending practices. D. - HOMEOWNER’S INSURANCE 0 Inconvenient, far away, or no location of agents and offices 0 Discriminatory underwriting policies that provide for coverage based upon racial or ethnic make- up of neighborhood, age of housing and other “non-risk” based factors. ’ 0 Refusals to rent, steering (being sent to other neighborhooddbuildings), evictions, differential treatment, or other illegal practices based upon presence of children in family, race, religion, national’origin, color, or other protected class status. F. - ACCESSIBILITY AND ACCOMMODATIONS FOR PERSONS WITH DISABILITIES, INCLUDING GROUP HOMES FOR PERSONS LIVING WITH AIDS, AND/OR FOR RECOVERING SUBSTANCE ABUSERS General lack of compliance in new construction projects with federal laws regarding building accessibility. c-3 Fair Housing Council of San Diego " - - Unwillingness of owners andor managers to make reasonable accommodations and modifications to allow persons with disabilities to equally use and enjoy housing opportunities and facilities. G. - ZONING AND LAND USE ISSUES issues (NIMBY responses) involving group home location, public housing, homelessness, and rural housing. 0 Zoning which restricts group homes. H. - COMMUNITY AWARENESS 0 Lack of education regarding fair housing on the part of housing consumers (renters/buyers), providers (ownedmanagers), and/or lack of trainingleducation of other related housing industry professionals (insurance companies, lenders, etc.). 0 Lack of knowledge regarding where and how to file a complaint. 1. - ATTITUDES AND IDEOLOGIES 0 Attitudes andor ideologies held by community leaden and politicians 0 NIMBY-'Not In My Backyard" issues. 0 Human relations issues involving bigotry, prejudice, fear and lack of acceptancdrespect of others. 0 Crimes associated with hate crimes in housing or neighborhood choice. J. - ISSUES ASSOCIATED WITH CHANGMG DEMOGRAPHICS OF THE AREA Language and/or cultural barriers. Issues of immigration Other Issues impacting Fair Housing Choice Rate the following three categories as high, medium or low importance and relevance to fair housing choice. (1) Employment Issues: 0 Lack of employment opportunities to provide income sufficient to obtain adequate housing. 0 Lack of incentives for corporate relocation which would create jobs 0 Lack of jobs and housing balance 0 Others (2) Educational Opportunities: .. 0 Success or impact of school desegregation plans 0 Busing 0 Quality of public schools in relationship to housing opportunities. (3) Transportation Networks: 0 Availability of transportation in relationship to location of housing and jobs. C-4 1 2. 3. 4. 5. 6. 7. Focus Group Invitation Are you willing to attend a focus group discussion hosted by the Fair Housing Council where we could continue.this process as scheduled below? PLACE: Doubletree Hotel, Mission Valley - Santa Barbara Room, 7450 Hazard Center Drive, San Diego, CA 92 108 Phone: (6 19) 297-5466 DATE: March 29,2000 TIME: Morning Session(s): 1O:OO a.m. Group I: . Housing consumers, community based organizations, affordable housing groups, public housing programslothers. DATE: March 29,2000 TIME: Afternoon Session(s): 2:OO p.m. Group 11: Government and quasi government, housing groups, real estate industry associations, lenders, appraisedothers. RESPONSE: o Yes, I would like to attend morning session. o Yes, I would like to attend afternoon session. a No, I am unable to attend. . . ~. . . . . ... " . .... "" Analysis of Impediments to Fair Housing Choice Please feel fiee to comment below on your above responses. You may wish to provide specific examples supporting the order in which you have ranked the above possible impediments, and/or you may wish to add categories and/or issues not included. Please list and describe any training, outreach, or educational activities conducted by your organizatiodcity to promote fair housing in the last three years. Generally speaking, during the past three years have you observed or received any anecdotal accounts of and problematic activities or patterns relating to fair housing issues? In your opinion, what actions are needed to address these problems? Does your organization conduct fair housing audits or tests? If so, how many audits were conducted in the past year and what were the general findings? Is there a report that you can fax or mail to us? Does your organization collect or analyze Home Mortgage Disclosure Act (HMDA) or Community Reinvestment Act (CRA) data? If yes, is there a report that you can fax or mail to us? Are you aware of any significant court decisions involving fair housing andor relating to zoning, occupancy standards, low-income households, and/or people with disabilities? If yes, please describe: Do you have any other comments regarding fair housing in San Diego region? c-5 “” Fair Housing Council of San Diego ”“ Banker Group Survey Fair Housing Analysis Impediments Survey 1. In your view, what are the most favorable aspects of fair housing laws as the): relate to your business operations? 2. In your view, what are the least favorable aspects of fair housing laws as they relate to your business operations. 3. Do you have any other comments regarding the fair housing in the San Diego region? 4. Please rank in order, from the largest and most significant (8) to the smallest and least significant (I), the following potential barriers to fair housing based upon your business experiences. For example, if you believe that Lack of training has the’greatest impact on the status of fair housing, and that Economic factors has the least impact, assign a “8” to Lack of training and a “1” to Economics. Assign number 2-7 to the rest of the items accordingly. - Inadequate enforcement resources - Levels of understanding of fair housing held by real estateAenders/property insurance/industry professionals (apartment managers and other staff) - Economic factors - Lack of training opportunities for lender industry professionals - Levels of understanding regarding fair housing held by housing consumers (i.e. Lack of consumer understanding of the mortgage loan process) - Cultural difference factors and bias in housing markets - lnsurance redlining practices - Lack of the integration of fair housing principles into day to day business operations Focus Group Invitation Are you willing to attend a focus group discussion hosted by the Fair Housing Council where we could continue this process as scheduled below? PLACE: Doubletree Hotel, Mission Valley - Santa Barbara Room, 7450 Hazard Center Drive, San Diego, CA 92108 Phone: (619) 297-5466 DATE: March 29,2000 TIME: Morning Session(s): 1O:OO a.m. Group I: Housing consumers, community based organizations, affordable housing groups, public housing programs/others. DATE: March 29,2000 TIME: Afternoon Session(s): 2:OO p.m. Group 11: Government and quasi government, housing groups, real estate industry associations, lenders, appraiserdothers. RESPONSE: 0 Yes, 1 would like to attend morning session. 0 Yes, I would like to attend afternoon session. 0 No, I am unable to attend. C-6 r. . . ... - . . . . . . . ....... . . .. . ."...""."._._."".."-.-.-.-.""""".~."-~.~I~ ~ Analysis of Impediments to Fair Housing Choice New Construction Survey Fair Housing Analysis Impediments Survey March 14,2000 0 RE:Multi-Family Accessibility in New Construction Survey ATTN: [Contact Person] Dear [Contact Person]: The Fair Housing Council of San Diego (FHCSD) is a community based, non-profit fair housing agency established in 1989 to eliminate unlawful housing discrimination the San Diego Area. Our organization offers countywide services and is under contractual agreements to provide fair housing services for the City of San Diego, the City of Chula Vista, the City of Encinitas, the City of National City and the County of San Diego. In partial fulfillment of the U.S. Department of Housing and Urban Development's requirements for fair housing planning, the Fair Housing Council of San Diego has been contracted to prepare a regional Analysis of Impediments (AI) to fair housing choice. The AI is an information gathering tool that assists local jurisdictions in addressing their overall needs assessment pertaining to fair housing and to outline a strategy and programs to address those needs. The following jurisdictions are participating in this process: City of San Diego; City of Carlsbad, City of Chula Vista, City of Encinitas, City of El Cajon, City of Escondido, City of La Mesa, City of National City, City of Oceanside, City of Santee, City of Vista and the County of San Diego All new multifamily construction built for first occupancy after March 13, 1991, must meet the accessibility design and construction requirements of the Federal Fair Housing Act, 42 U.S.C. $3604 (f)(3)(C). These requirements are separate and apart from the requirements of the Americans with Disabilities Act. Owners of the project, architects, contractors and anyone else involved in the project itself are responsible for the inclusion of these requirements in the design. Please find enclosed a survey entitled, "Multi-Family Accessibility in New Construction Survey." The survey questions are based on the design requirements of the Fair Housing Act. The survey allows the AI jurisdictions to determine if local developments are in compliance with the accessibility requirements of the Act. Please assist our efforts by completing and returning this survey, in the self-addressed envelope provided. If you do not return the survey by April 15, 2000, our ofice will contact your organization to conduct a survey by phone. You may also fax your survey response to (619) 699-5885. If you have any questions or require any further assistance, please contact Mary Scott Knoll at (61 9) 699-5888 ext. 203. Thank you for your attention to this matter. Sincerely, Mary Scott Knoll, Executive Director . c-7 “_ Fair Housing Council of San Diego ___.- - ” - Focus Group Invitation On behalf of a Regional Collaborative including San Diego, Carlsbad, Chula Vista, Encinitas, El Cajon, Escondido, La Mesa, National City, Oceanside, Santee, Vista & County of San Diego In partial fulfillment of the U.S. Department of Housing and Urban Development’s (HUD) requirements for fair housing planning, the Fair Housing Council of San Diego is preparing an Analysis of Impediments (AI) to fair housing choice. Under Title I of the National .Affordable Housing Act of 1990 (NAHA), states and local governments that receive certain federal monies are required to establish a “Consolidated Plan” that identifies the jurisdiction’s overall needs pertaining to fair housing and to outline strategies and programs to address those needs. The Analysis of Impediments report is a central component of such fair housing planning. In an effort to gather opinions and insights that are inclusive of various institutional and community perspectives on fair housing needs assessment, we are soliciting the opinions, advice and expertise of community organizations, individuals and others pertaining to matters of fair housing. We are asking you to please assist our efforts by attending a focus group that we have scheduled for May 15,2000. We urge you to consider this an opportunity to participate in identifying the fair housing needs of your community and your constituency, and we thank you for your time. If you have any questions, please direct them to Mary Scott Knoll or Sharron Hillery at (619) 699-5888 x 201. NamdOrgaaization: Telephone: Are you willing to attend a focus grow discussion hosted by the Fair Housing Council where we could continue this process as scheduled below? PLACE: Doubletree Hotel, Mission Valley - 7450 Hazard Center Drive, San Diego, CA 92 I08 Phone: (6 19) 297-5466 DATE: May 15,2000 TIME: Morning Session: 1O:OO a.m. Group I: Housing consumers, community based organizations, affordable housing groups, public housing programdothers. DATE: May 15,2000 TIME: Afternoon Session: 2:OO p.m. Group II: Government and quasi government, housing groups, real estate industry associations, lenders, appraisers/others. Please respond via fax at: (619) 699-5885 RESPONSE: 0 Yes, I will attend morning session. 0 Yes, I will attend afternoon session. 0 No, I am unable to attend. ” c-8 . ". , . . . .. ". ~ .. . . . .. ". . .. . " .. ... "_ ___ Analysis of Impediments to Fair Housing Choice List of Individuals and Organizations Who Returned Survey Able-Disabled Advocacy Access Center of San Diego Aging and Independence Services American Heritage Properties Bank of Coronado Beacon Family Resource Center Being Alive, San Diego Being Alive, Women, Children and Family Center Birth Choice Borrego Springs School District Butler Property Management Capital Bank of North County Central Adult Mental Health Chase Management Services and Brokerage Chicano Federation of San Diego Children's Home Society of California Children's Services; Health and Human Services Agency City of Carlsbad City of Chula Vista City of El Cajon City of Encinitas . City of Escondido City of La Mesa City of National City .. City of National City, Department of Parks and Recreation City of Santee City of Vista Coldwell Banker Property Management College Avenue Senior Center/ Jewish Family Service Community Housing of North County Community Interface Services Con Am Management Corporation Cuyamaca Bank Cuyamaca College Denwood Apartments Elderhelp of San Diego / Home Share Connection Episcopal Community Services Eye Counseling & Crisis Services Family Enrichment Center Friends of Lakeside Library Homecomings Financial Network, Inc. Indian Human Resource Center Kinsella and Associates Lakeside Community Planning Lakeside Garden Club La Mesa Unified School District Linda Vista Leaders Luther Tower Apartments MAAC Project MAAC Project Head Start MAAC Project Head Start Vista 2 Melroy Property Management Neighborhood House Association /.Inner City Youth Services Center New Directions Family Resource NOCCOA (North County Council on Aging) Nonprofit Federation North County Lifeline, Inc. Pacific Southwest Association of Realtors Palavra Tree Palomar College Partners for Healthy Neighborhoods Project Obana Janii Reach Out to Families Resource Center San Diego Home Loan Counseling San Diego Legal Aid Society San Diego Sheriff San Diego Union Tribune San Diego Union Tribune Real Estate ' ' Sin Diego Volunteer Lawyer Program ." " c-9 Fair Housing Council of San Diego San Diego Youth Community Services-East Say San Diego SDUSD Shuf Swift South Bay Community Services Southern Health Services Sunrise Management Company The Legal Aid Society of San Diego Tokai Bank-San Diego Branch Tri-City Prevention Collaborative United Cerebral Palsy Jim Varnadore "_ c-10 Appendix D City of Vista Social Services46 2000-2001 CDBG Projects Social Service Agency Name Project Catholic Charities Children's Shelter Meals Casa de Amparo Emergency Services Case Management Medical services Vista Community Clinic Transitional Housing Case Management St Clare's Home Case Management Palomar Family Counseling Out and About - Senior Transportation City of Vista Senior Transportation & Support Services NoCCoA Senior Travel Solutions Lifeline Project Success - Case Management Girls Inc. Meals for HIV/AIDS Patients Fraternity House Club 2000 - At-risk youth City of ViskdCommunity Services YMCA - 02 Homeless Youth Shelter Economic Development Activities Girls Inc and VTCP I Worm Farm Business Lifeline 1 Project SAFE - Job Placement Vista Townsite Comm. Partnership Capacity Building Community-Based Development Organization ~~ 1 Capital Projects Alpha Project Take Back the Streets North County Solutions for Change Regional Family Center 46 Provided by the City of Vista. . .. .. . .. - ~ . . ... . - . . . .... . . . .. . ~ . ,.. . Appendix E Relevant Case Law Redevelopment Litigation Case Inventory Carlsbad-Sahagun et al. v. City of Carkrbad et al., San Diego Superior Court, Case No. N43834 Escondido-Hogar Duke Hogar v. Community Development Commission of the City of Escondido, San Diego Superior Court, Case No. NO78859 Escondido-Craig et al. v. City of Escondido et al., San Diego Superior Court, Case No. 625859,4' District Court of Appeal, Case Nos. DO 16608; DO2492 1 and DO3 1364. Rake-Smith et al. v. All Persons Interested et al., San Diego Superior Court, Case No. 667691 4' District Court of Appeal, Case No. DO23366. La Mesa-Leitch et al. v. All Persons Interested et al., San Diego Superior Court, Case No. N44744. Papineau et al., v. City of La Mesa et al., San Diego Superior Court, Case No. N50418. National City-Mackay et al.. v. All Persons Interested et al., San Diego Superior Court, Case No. N48644. The People of the State of Calif: v. Per1 et al., San Diego Superior Court, Case No. NC149427. Cases Litigated in the San Diego Region Race-Mould v. Investment Concepts, Case No. LASC CA-001 201 ($5,026 Recovered). Familial Status-FHCSD v. Mattia, Case No. 96- 1474 1 B-LSP (FHO Case No. 950223)($17,000 Recovered). Familial Status-Collie, et a1 V. Booth, Case No. 93-0140EG(POR) ($22,500 Recovered). Race-Hilario v. BLB Enterprises, Case No. CV93-1118-5 ($85,000 Recovered). Mortgage Lending Cases USA v. Decatur Federal Savings and Loan Association, announced September 17, 1992 USA v. Shawmut Mortgage Company, announced December 13, 1993 USA v. Chevy Chase Federal Savings Bank and B. F. Saul Mortgage Company, announced June 1994 USA v. Northern Trust Bank, announced March 1995 Insurance Redlining Cases Dunn v. Midwestern fhdemnity Co., 472 F. Supp.1106 (S.D. Ohio 1979) Mucky v. Nationwide Insurance Companies, 724 F.2d 419 (4' Cir. 1984) McDiannid v. Economy Fire & Casualty Co., 604 F. Supp. 105 (S.D. Ohio 1984) NAACP v. American Family Mutual Insurance Co., 978 F. 2d 287 (7' Cir. 1992) . E-1 Fair Housing Co,uncil of San Diego Toledo Fair Housing Center v. Nationwide Mutual Insurance Co., Fair Housing-Fair Lending (P-H), 71 8,143 (Lucas County, Ohio, C.P. 1993) United Farm Bureau Mutual Insurance Company, Inc. V. Metropolitan Human Relations Commiwion, 24 F.3dlOO8 (71h Cir. 1994) Strange v. Nationwide Mutual Insurance Company, 867 F. Supp. 1209 (E.D. Penn. 1994) Duane v. GEICO, 37 F.3d 136 (4* Cir. 1994) Nationwide Mutual Insurance Company v. Cisneros, 52 F.3d 1351 (6' Cir. 1995) Nationwide Mutual Insurance Co. v. Housing Opportunities Made Equal, No. 9909733 (Va. 4-19-00) Advertising Cases Fair Housing Council of Suburban Philadelphia v. Montgomery Newspapers, (3d Cir. 1998). The Court held no standing because frustration of mission and diversion of resources no injury in fact; litigation expenses alone not sufficient. However, in 1999, the District Court held the same group had standing to sue newspapers; specific evidence that resources diverted because of discriminatory ads ($160,000 judgement). Ragin v. New York Times, (2nd Cir. 1991). The Court held human models can convey a racial preference. Needs to be based on specific ads, not just a twenty-year history of not publishing ads with African American models. Spann v. Colonial Village, (D.D.C., 1987). Need intent; but case where both African American and Caucasian models were used. Home v. Cincinnati Enquirer, (6* Cir, 1991). No violation where single ad, small number of models. U.S. v. Hunter, 1972 Fourth Circuit case held no violation of first amendment because it is commercial speech and therefore entitled to less constitutional protection. Linmark Assoc. v. Township of Willingboro, 1988 Supreme Court. Some courts have held posting "For Sale" signs is protected speech, even if banning them seeks to promote stable, integrated neighborhoods. Accessibility US. v. J&G Consfruction Co., No. 99C-4403 (N.D. Ill. 12-10-99) Hate Crimes HUD v. Wilson, No. HUDALJ 03-98-0692-8 (HUD Office of Admin. Law Judges 7-19-00) Sexual Harassment Smith v. Irongate, No. 3 99-5 18 (S.D. Ohio 10-8-99) consent orders and settlement agreements filed E-2 L . . . . . . . . .. " - ~ " .. . - . . .. . - .. . . .. . . . . . . .. . . . . - Appendix F Advertising Task Force Membership List Apartment Magazine Apartment Owner.com Building Industry Association DFEH El Informador Filipino Press For Rent Magazine Gay & Lesbian Times Greater San Diego Apartment Guide Harmon Publishing Heartland Human Relations HUD, San Diego Office Mathew, Mark, MacCraken & McGraugh North County Lifeline North County Times Pacific Southwest Assoc. of Realtors Pennysaver Property Management Network San Diego Asian Journal San Diego Association of Realtors San Diego County Apartment Assoc. San Diego Reader San Diego Union Tribune San Diego Union Tribune, Real Estate Section Stoona Ziegaus & Metzger Inc. Sunrise Management Co. The Eastlake Company Voice & Viewpoint 2425 Camino del Rio South, Ste. 230, S.D. CA 92108 ' 655 G St., Suite F, San Diego, CA 92 10 1 6336 Greenwich Drive Suite A, San Diego, CA 92101 1.10 West C St. Suite 1702, San Diego, CA 92101 12 12 Third Avenue, Chula Vista, CA 9 19 1 1 P.O. Box 2226, National City, CA 91 950 9682 Via Excelencia # 100, San Di ego,' CA 92 126 391 1 Normal St., San Diego, CA 92 103 5075 Shoreham Place Suite 100, San Diego, CA 92122 9682 Via Excellencia #I 00, San Diego, CA 92 126 47 10 4h Street #500, La Mesa, CA 9 194 1 2365 Northside Dr. Ste. 300, San Diego, CA 92108 620 C St., 6" floor, San Diego, CA 92101 200 Michigan Ave., Vista, CA 92084 207 East Pennsylvania Ave., Escondido, CA 92025 880 Canaroius Ct., Chula Vista, CA 9 19 10 1300 Specialty Dr., Vista, CA 92083 P.O. Box 902, Bonita, CA 91 908 550 East 8" St. #6, National City, CA 91 950 P.O. Box 80981, San Diego, CA 92138 2727 Camino del Rio South #327, San Diego, CA 92108 1703 India St., San Diego, CA 92101 ' P.O. Box 12019, San Diego, CA 921 12 P.O. Box 12019, San Diego, Ca 92 1 12 225 Broadway 16" floor, San Diego, CA 92101 8787 Complex Drive, San Diego, Ca 92 123 900 Lane Ave. #loo, Chula Vista, CA 91914 P.O. Box 95, San Diego, CA 92054 -__ F- 1 . . .. . .. . ._ _" ... . . -. . -. . . . . .. . . . -. ... . . . - ... Appendix G Insurance Telephone Testing- AllState Insurance 687 Turquoise Street La Jolla, CA 92037 AllState Insurance 4655 College Avenue San Diego, CA 92 1 15 AllState Insurance 12245 World Trade Drive, Suite A San Diego, CA 92 128 AllState Insurance 801 Washington Street San Diego, CA 92 103 AllState Insurance 4698 Convoy Street, Suite C204 San Diego, CA 92 1 1 1 Farmers Insurance 25 15 Camino del Rio South, San Diego Farmers Insurance 15805 Bemardo Center Drive, Suite 1 16 San Diego, CA 92 127 (Rancho Bernardo) Farmers Insurance 128 12 Rancho Penasquitos Boulevard, Suite S San Diego, CA 92 129-2936 (Rancho Penasquitos) Farmers Insurance 71 85 Navato Road, 2K San Diego, CA 92 1 19 (San Carlos) Farmers Insurance 6755 Mira Mesa Boulevard, Scripps Ranch Farmers Insurance . 680 Telegraph Canyon Road #203 Chula Vista, CA 9 191 0-6552 .. ~ . . . . . . . . .. .- . . . . . -Agencies Contacted State Farm Insurance 241 North El Camino Real Encinitas, CA 92024 State Farin Insurance 7040 Avenida Encinas #202 Poinsettia Village Center Carlsbad, CA 92009 State Farm Insurance 3520 College Boulevard ## 105 Oceanside, CA 92056 State Farm Insurance 3232 Governor Drive, Suite G San Diego, CA 92 122 State Farm Insurance 1255 East Vista Way, Vista State Farm Insurance 993C Lomas Santa Fe Drive Lomas Santa Fe Plaza Solana Beach, CA 92075 State Farm Insurance 100 1 B Avenue #2 1 3 Coronado, CA 92 1 18 State Farm Insurance 3264 Rosecrans Street (Point Loma) San Diego, CA 92 1 10-4837 State Farm Insurance 9535 Mission Gorge Road, Suite K Santee, CA 9207 1 State Farm Insurance 9470 Cuyamaca Street, Suite 150 Santee, CA 9207 1-5905 State Farm Insurance 366 1 Avocado Boulevard Rancho San Diego Village Center La Mesa, CA 91941 G1 . . .... . . . ~ _. .. . ." "_ . __ Appendix H Familial Status Telephone Testing-Addresses Contacted Casa Grande 455 East Washington Avenue Escondido 760 745 7766 Flower Fields 2666 Flower Fields Way Carlsbad 760434 1060 River Colony 2090 Camino de la Reina . Mission Valley 877 261 4314 Park East Apartments 11 1 West Pennsylvania Ave Hillcrest 6192983225 Canterwood El Camino Real Encinitas 8884919714 Comache Hills La Mesa 619 697 8713 Maya Linda Apartments 9646 Carroll Canyon Road Mira Mesa 8585665350 La Jolla Village Apartments 8460 Via Mallorca Drive La Jolla 8882169911 City Villas 845 16* Street .. Downtown San Diego 6192336346 Pine View 864-9 10 Philips Street Vista 760 758 0407 Seawind Apartment 1067 4* Avenue Chula Vista 619 426 6640 Villa La Jolla 8540 Villa Mallorca La Jolla 8584523632 Aspen Park Hillcrest 6196839239 Arcadia at Stonecrest San Diego 888 836 3432 Harbor Ridge 3303 Clairemont Drive Clairemont 8582761188 The Terraces at Del Mar Camino del Mar Del Mar 8587554721 Eagles Point 1501 East Grand Escondido 7604899272 La Jolla Canyon Apartments 95 15 Genessee Avenue La Jolla 858 452 3620 San Carlos Apartments 6867 Golfcrest Drive La Mesa 6194608343 Loma Portal Bluffs 3950 Leland Street Point Loma 619223 1390 Park Ridge Village 5252 Orange Avenue 'San Diego 6195827980 Pepperwood Apartments 2 144 University Drive Vista 760 724 2 144 Summerwind 1580 Shadowridge Drive Vista 7605980988 WinchesterNest Park 8294 Flanders Drive Mira Mesa 858 271 1985 5 152 Towle East San Diego 619 640 3100 5565 Hardy Avenue College 6195182431 244 Palomar Chula Vista 6194268060 Rising Glen 2300 Rising Glen Way Carlsbad 760 434 0200 14 1 Hemlock Carlsbad 760 729 1815 22 10 Montgomery Avenue Cardiff 760 753 4096 3 15 Pomelo 7607268832 . Escondido H- 1 P I_” Fair Housing Council of San Diego 600 Front Street Downtown San Diego 619 231 9600 369 K Street Chula Vista 619 691 8168 Coronado Bay Club 15 I 5 znd Street Coronado 619 435 2254 545 Park Way Chula Vista 619422 1519 452 F Street Chula Vista 619 426 3200 330 Telegraph Canyon Road Chula Vista 6196917658 Park Rosemont 619 465 3444 5 170 Orange Avenue College 6192853822 5550 Adelaide Avenue College 619 286 8700 5252 Balboa Arms Clairemont 8582773562 3421 36* Street City Heights 6 19 234 2239 3558 Landis Street City Heights 6192963189 .. 5802 University Avenue College 619 582 8588 I - 4457 Temecula at West Point Lorna Blvd. Ocean Beach 619223 1353 Mesa Ridge 5639 Jackson Drive La Mesa 619 462 3447 58 10 Amaya Drive La Mesa. 6196973285 Archstone Seabridge 820 West G Street San Diego 8887586967 Mission Beach 858 272 3 I 15 3 17 Thome Hillcrest 6192994769 Essex Heights 404 Encinitas Blvd. Encinitas 760 944 0780 Ivanhoe 2675 Fletcher Parkway Fletcher Hills (El Cajon) 619 469 2344 H-2 ~ Appendix I Accessibility Alta Vista 1245 Morning View Drive Escondido, CA 92026 7607967966 The Villas of Renaissance 5280 Fiore Temce San Diego, CA 92 122 858 453 7368 Mirabella at Aviara 66 10 Ambrosia Lane Carlsbad, CA 92009 760930 1203 Teresina at Lomas Verde 1250 Santa Cara Avenue Chula Vista, CA 9 19 1 1 619 216 8884 Jefferson at Mission Valley 2507 Northside Drive San Diego, CA 92 108 619 516 1300 Cambridge Park 3394 Daley Center Drive San Diego, CA 92 123 858 505 0760 665 Ascot Drive Vista 62 1 South Mollison Avenue El Cajon . . . ~. , . . . , .~ . ... . . - ~ ... ~ ~ . . .. . .. Testing-Addresses Visited Nitsa's Villas 361 North First Street El Cajon 1377 Oakdale El Cajon 900 1-9003 Prospect Avenue Santee CedarINettleton Apartments 245 Cedar Road1 60 Nettleton Vista, CA 92083 Del Mar Ridge 12629 El Camino Real San Diego, CA 92 I30 6197557969 Pinnacle at Carmel Creek 1 1724 Carmel Creek Road San Diego, CA 92 130 858481 7229 Regents Park Place 9253 Regents Road La Jolla, CA 92037 877 734 3687 Little Italy Family Housing 1528 India Street San Diego 619 236 9353 I- 1 I R I 1E I Appendix J Hate Crimes and Equal Opportunity in Housing BY Clara H~II-~S Heartland Human Relations & Fair Housing Association San Diego County is home to people from many ethnic groups, nationalities, faith groups and lifestyles. The community’s rich and wonderful diversity should be conducive to harmony and acceptance that would lead to an appreciation of each other’s differences. Unfortunately, because of ignorance, fear or a sense of entitlement, these differences sometimes result in violence known as hate crimes or hate incidents. Frequently this activity occurs when a person of color moves into or visits a neighborhood where someone perceives they don’t belong. The impact of a hate crime goes beyond the victim and the target community. The act tears at the very fabric of the entire community and the society as a whole. Hate crimes attack the basic values of American society by targeting the right of everyone to live safely and freely as they choose, with whom they choose and wherever they choose. There is a difference bekeen a hate crime and a hate incident as defined by federal and state statutes. A hate crime is any unlawful action designed to frighten, harm, injure, intimidate, or harass an individual, in whole or in part because of a bias motivation against the actual or perceived, race, religion, ethnichational origin, sexual orientation, gender, or disability of the victim. Some examples include: acts resulting in injury, even if the injury is slight, threats of violence that look like they can be carried out, acts which result in property damage, any criminal act or attempted criminal act, including property damage, directed against public or private agencies. A hate incident is not classified as a criminal act. Not all expressions of hate or group bias rise to the level of a hate crime, Derogatory words or epithets directed against a member of a protected class, as listed above, if . not accompanied by a threat of harm with the ability to carry it out, are considered protected speech and not a hate crime. Some examples include: circulating offensive material such as hate fliers, posting hate material that does not result in property damage, displaying hate graffiti in public places which is not directed against a specific target, such as an epithet on a vacant building or a freeway overpass, (although this is a crime of vandalism). Namecalling is a common hate incident. Some communities are looking at these activities as precursors of hate crimes and taking them seriously. California has the most comprehensive hate crime laws in the country both civil and criminal. Civil Remedies 1) The Ralph Civil Rights Act, Civil Code sections 51.7 & 52 (1976)-provides that it is a civil right for a person to be free of violence or its threat against the person or their property because of a person’s race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute, or because a person is perceived to have one or more of these characteristics. Enforced by the Department of Fair Employment and Housing, which prosecutes, and the Fair Employment and Housing Commission, which adjudicates, and by the Attorney General, any District or City Attorney and by private attorneys. Provides for civil penalties of up to $25,000 for perpetrators, civil remedies to victims of “hate violence” three times actual damages, but no less than $1,000, punitive damages, injunctive relief and attorneys fees. J- I “” Fair Housing Council of San Diego 2) “The Bane Act.” Civil Code section 52.1 (1987)-provides protection from interference by threats, intimidation, or coercion or for attempts to interfere with someone’s state or federal statutory or constitutional rights (these include association, assembly, due process, education, employment, equal protection, expression, formation and enforcement of contracts, holding of public ofice, housing, privacy, speech, travel, use of public facilities, voting, worship, and protection from bodily restraint or harm, from personal insult, from defamation, and from injury to personal relations)--proof of hate motivation required, according to a 1994 Court of Appeal decision in Boccato v. City of Hermosa Beach. ”_ “ This Act is enforced by the Attorney General, any district attorney or city attorney, or a private attorney. Provides for civil penalties for perpetrators, civil remedies for victims of “hate violence,” three times actual damages, but no less than $1,000, punitive damages, injunctive and other equitable relief (violation of injunctive relief is punishable by a criminal contempt action, with a penalty of six months in jail andor a fine not exceeding $1,000 and attorney’s fees). Speech alone is not sufficient to support an action under the Bane Act, unless the speech itself threatens violence against a specific person or group of persons against whom the threat is directed reasonably fears that, because of the speech, violence will be committed against them or their property and that the person threatening the violence has the ability to carry out the threat. The Bane Act was enacted to address an increase in hate crimes. Plaintiffs must allege they are members of the protected classes specified in Civil Code 5 1.7. Penal code 186.2 1 : Legislature finds and declares that it is the right of every person regardless of race, color, creed, religion, national origin, gender, age, sexual orientation or disability to be secure and protected from fear, intimidation, and physical harm, caused by the activities of violent groups and individuals. (This is part of the “California Street Terrorism Enforcement and Prevention Act,” enacted in 1988). Applicable Penal Code Statutes (part of the Bane Act) Penal Code section 422.6 (a & b): Provides it is a misdemeanor to interfere by force or threat of force with a person’s state or federal statutory or constitutional rights because they are, or are perceived to be a member of the aforementioned protected classes. Various other penal codes are in place to more effectively enforce and strengthen the above statutes. Actions which are normally misdemeanors can become felonies if committed because of bigotry based on the protected classes and sentence enhancements of one to three years may be added for certain bias-motivated felonies against the aforementioned protected classes. Most criminal hate crime prosecutions result from violations of state law. Federal laws which relate to equal housing include the following: a) 18 U.S. Code section 241: Conspiracy Against Rights protects against conspiracies to oppress, threaten or intimidate any person in the free exercise of federally granted rights. Targets the right to vote, own property, use public accommodations, and occupy a home, without regard to race. b) 42 U.S. Code section 3631: Willful Interference with Civil Rights under the Fair Housing Act prohibits interference with a person’s buying, selling, or renting of a dwelling due to race, color, religion, disability, familial status,’or national origin. Commonly included acts are cross-burnings and threats. The state of California and the County of San Diego are models of cooperation in terns of tracking hate crimes and collecting data. In 1988, a countywide Hate Crimes Registry was created under the auspices of the County Human Relations Commission. ,When the commission lost its funding the Antidefamation League (ADL) formed the San Diego City and County Hate Crimes Registry to fill the gap. Working with I 1 II I E I I I 1 J-2 Analysis of Impediments to Fair Housing Choice . ~ ~ . . . . ... . . . . . ..... . . . . . . .. ” . .. ” _. - . ” law enforcement, the District Attorney, the City Human Relations Commission, and others the registry collects, analyzes data and issues reports on hate crimes annually. At the state level, the Attorney General’s Hate Crime Program was implemented in 1994. Their fifth year publication of “Hate Crimes in California,” 1998 is available. Hate crimes must be reported to the Department of Justice (DOJ) by law enforcement agencies on a monthly basis. Information about bias motivation, type of crime, location of crime, number of victims, and number of known suspects is included in each report. All law enforcement agencies in California participate in this program. In cooperation with DOJ, agencies in California have initiated local data collection programs, the results are included in the above publication. Attorney General Bill Lockyer has launched a number of initiatives to crack down on crimes of hate. He established a special section in his ofice dedicated to civil rights enforcement, and more than doubled the staff resources. He also created the California Civil Rights‘ Commission on Hate Crimes to recommend methods to improve hate crime prevention; tolerance and appreciation for diversity; suppression of organized extremist hate groups. Additionally he developed a Department of Justice Hate Crime Rapid Response Protocol for Combating Hate Crime to bring state resources to local efforts in the wake of a hate crime. Over the last ten years state and local law enforcement, including the justice system has become more aware and sensitive to the issue of hate crimes and their impact on the community. The Police Officers Standards and Training Commission (POST) has led the way in the effort to provide the necessary training to equip the officers to identify a hate crime and understand the special needs of the victim. The statistical data for 1999 is being processed by ADL and the AG and not ready for release. Therefore, this portion of the report will be based on AG 1998 statistical data and Heartland Human Relations & Fair Housing Association cases. A total of 361 hate crime offenses were reported by San Diego County law enforcement agencies. The offenses were evenly distributed around the county with the largest number 106 in . San Diego which is to be expected because of its size. Oceanside had seventeen, Poway and Vista each had seven, with the other cities ranging from one to five. Twenty of these offenses went to the prosecutor, nine cases were filed with the result of eight convictions. The perpetrators of hate crimes generally are not identified or arrested because they operate under cover of darkness. San Diego has experienced some very serious hate crimes in 1998 and 1999. An African American’Marine was attacked and paralyzed as a result of his injuries because he attended a party in the “wong” neighborhood. A Mexican Immigrant was robbed and beaten to death. An African American male was attacked by a Caucasian man with a homemade flame- thrower. In these three high profile cases the perpetrators were apprehended and prosecuted. Three teenagers followed an African American male down the street with a rope tied into a noose. Many, in fact the majority, of hate crimes are never reported because of fear especially among the immigrant population. They are vulnerable and fearful of bringing attention to themselves even if they are legal. They are fearful of law enforcement .. and the judicial system. There is also fear of reprisal from the perpetrators from most victims. Frequently tenanaandlord problems have racial implications where managers or other tenants engage in namecalling and other abusive behavior. At one complex the Security guard called the children “niglets” and “nigger brats” and told them he would have his homeboys come and take care of them. At another a mixed race (Caucasian and Native American) couple being harassed by the manager and neighbors who are Caucasian supremacists with lightening bolts tattooed on their necks. These cases were referred as hate incidents. Fair Housing Council of San Diego At a third complex the manager served an eviction notice to a lesbian couple complete with a lecture on their “lifestyle” with lewd remarks. - The resources for combating hate crimes are increasing as the problem grows in numbers and intensity. The most valuable is education at all levels. The National Conference on Community and Justice’s (NCCJ) Mini- town Camp and ADL’s A World of Difference are two great resources. The best line of defense is state and local law enforcement entities. As outlined in this report they are well trained and have the resources to investigate and prosecute. We need to support these efforts. Our agency continues to support East County victims of hate crimes through the trauma and accompany them to court when needed. ADL is conducting a similar program in San Diego. Hate crimes are a major problem and require a unified community to resolve them. J-4 Appendix K Housing Affordability, JobdHousing Balance and Fair Housing By Nico Calavita San Diego State University Program in City Planning Reduced to its essence, fair housing seeks to expand housing choices on the part of minorities and other protected classes. It does so at the project, neighborhood, and city levels. Well known to the public are the typical fair-housing audit studies, with matched pairs of individuals or couples (usually Caucasians and African-Americans) sent to rent or buy housing to study the treatment they receive. The studies almost invariably find some discrimination. In about 50 percent of the visits, African-Americans receive worse treatment than Caucasians. However, fair housing goes beyond addressing these blatant discriminatory practices. It attempts to foster integration at the neighborhood and city levels by creating a constellation of communities that are balanced racially and economically. Unfortunately, the reality falls far short of what fair housing advocates seek to engender. If we look at this country’s expanding metropolitan regions, we are struck by a worsening pattem of urban decline and suburban prosperity. Growth, lack of affordable housing and segregation in the San Diego region The San Diego region is in the midst of a growth spurt, raising concerns about traffic congestion, lack of affordable housing, environmental degradation and a decline in our renowned quality of life. A recent poll indicated that only 18 percent of respondents believe that the county will be a better place to live in 10 years, with “too fast” growth being one of the principal causes for the problems in the county. The debate is intensifying about how to accommodate this growth. The intensity of the debate, however, obscures its narrowness; it hides the fact that the debate is taking place only within the most fortunate strata of our city. The others, at least one third of our population, are not involved in this debate at all. They are too preoccupied with day-today survival and do not have the luxury of becoming involved in this issue. Unfortunately, they are the ones who suffer from the existing pattern of development. The discussion about growth should include, as Anthony Downs, a well-known urban economist, has pointed out, a much deeper issue connected with metropolitan growth, and that is the continued exclusion of the poor from the suburbs, and thus from nearly all the benefits of suburban growth. This is true for the nation, and it is especially true for San Diego, where the poor and minorities remain concentrated in a few pockets of development mostly south of I- 52, at the same time that the suburban areas of the region - namely North County - have grown extensively. Well-paying manufacturing jobs were lost during the early and mid-nineties, many of them located south of I- 52. In their place, mostly lower-paying jobs have been created, almost entirely in the northern area of the region, and the vast majority of new housing being built there - or elsewhere for that matter - is not available to these households. This jobshousing imbalance had already been observed in a report, “An Examination of Jobs Housing Balance.by Income Level,” prepared by Keyser Marston Associates for the City of San Diego in 199 1. Its main conclusions were: Most jobs being produced in the city are lower paying jobs and workers will be from lower-income Since large numbers of lower-paying jobs are being generated in each area of the city, and some areas are not producing affordable housing at all, there is a growing jobhousing imbalance from an income perspective. households. The great majority of new housing units are not affordable to these households. ” I-” K-1 Fair Housing Council of San Diego 0 The northern areas in particular will continue to produce large numbers of new lower- income jobs, largely in retail stores and services. Since this area is not producing affordable housing, workers will be forced to commute from elsewhere in ever increasing numbers. - ” While this study was prepared for the City of San Diego, its conclusions are applicable to the entire region. It is north of 52 that the majority of new jobs are being created, with practically no housing affordable to low- wage earners being provided there. Being separate from job opportunities results is a “spatial” and “social*’ mismatch for minority workers. First, when people live far from work, in part because the suburbanization of employment has depleted their neighborhoods of job opportunities, finding and keeping jobs is bound to be difficult. Second, segregation robs minority workers of’the contacts and networks that may limit their success in their job search, in terms of finding work, or finding more lucrative positions. The problems the Kaiser Marston report identified in 1991 worsened during the 1990s. An economic boom in the region as a whole, but north of 52 in particular, has added thousand of jobs, many low-paying, but no housing affordable to those job holders. Beyond the problem of affordable housing, the “urbanized” neighborhoods of the City of San Diego, mostly located south of 52, do not enjoy the same level of public facilities and infrastructure that the “urbanizing communities*’ enjoy. It has been calculated that it would cost at least $2 billion to bring the public facilities in the older neighborhoods up to the city’s public facility standards. People living in those areas, then, are not only negated the opportunity to move to the suburbs because of a lack of affordable housing there, but are forced to live in areas with less than adequate services. Over 30 years after the passage of the Fair Housing Act, San Diego is more segregated than before, and the benefits of the growing suburbs are more out of reach for those living in the urbanized communities of the City of San Diego, its eastern suburbs, and the South Bay communities (excluding Coronado), places identified in a recent report, “San Diego Metropolitics,” as experiencing the highest concentration of social need. If no affordable housing is being provided outside of those areas - even though it would provide significant public benefits - the question is, why not? While blatant exclusionary practices of the type that prompted the Supreme Court of New Jersey to mandate “affirmative governmental devices ... including lower-income density bonuses and mandatory set-asides*’ might have become a thing of the past, more subtle governmental devices remain that limit the amount of housing affordable to low-income households. They are the result of a tightly woven web of class and racial prejudices and insular local controls. The most important impediments to the provision of affordable housing is the insignificant amount of land dedicated to attached housing in the localities’ General Plans, in spite of California General Plan Law that requires that five-year plan be prepared that “shall make adequate provisions for the existing and projected needs of all segments of the community*’ and identi@ potential housing sites “for all income levels.” While the state Department of Housing and Community Development has review powers and identifies elements that do not meet state law, it lacks the power to mandate changes. Even when a locality’s housing element meets state requirements, there are no mechanisms to ensure that its provisions are implemented. Furthermore, land that is zoned for multifamily housing does not necessarily mean that, when built, it .. will be affordable to low-income households. In fact, during the past few years, almost all multifamily housing built in the region was luxury apartments. For example, the Construction Industry Research Board for San Diego County has recently reported that during the first half of 2000, “permits were pulled for 4,049 multifamily units ... fueled by luxury apartments and some upscale condominiums.” K-2 ~ .. . . __ ,. . . . . . . . .... . . . - .. . . Analysis to Impediments to Fair Housing Choice Mitigation measures How can more affordable housing be provided, especially in the growing suburban communities of North County? More generally, how can socially and economically balanced and self-contained communities be fostered in the region? Regional Planning The San Diego Association of Governments (SANDAG) forecasts that one million people will be added to the region by 2020. ’ Current plans of the 19 localities that make up the region cannot accommodate the projected growth. If land use plans and policies are not changed, the region will exhaust its supply of residential land by 201 5 at the latest. To accommodate the projected growth, SANDAG, in its Region 2020 strategy, has proposed that: 1) Future residential developments occur at the top ends of the density ranges expressed in the current land use plans and, 2) Transit oriented developments be strategically located throughout the region with higher densities than current plans allow. Such “smart growth” approach would accommodate the projected population and encourage mass transit while saving thousands of acres from development. SANDAG’s plan would have an additional advantage that is not mentioned in their reports: increasing densities would make’housing more affordable and “open up” the suburbs more than existing plans allow. Hence, Region 2020 furthers fair housing. There is a catch though: while SANDAG as a whole has endorsed the plan, individual localities, where land use power still resides, have not changed their plans. Even if the plans are changed, the improvement over existing practices would be minimal, and. not lead to the wholesale changes necessary to modify existing patterns of development. To accomplish that, the intervention of higher levels of government may be necessary. For example, the State of Oregon established as early as 1973 a mandatory planning program that has led to a requirement in the Portland region that every jurisdiction zone at least half of its vacant residential land for apartments or row houses. According to Carl Abbott, a professor of urban planning at Portland State University: “In effect, the rule enacts a version of a fair-share program that hopes to reduce socioeconomic disparities between city and suburbs by manipulating density and urban fom.” (Housing Policy Debate, Vol. 8, # 1) Inclusionary Housing Inclusionary Housing (IH) requires of developers that a portion of their newly built residential developments be affordable to low- and moderate-income families. IH is a unique planning mechanism that not only increases the supply of affordable housing but also fosters balanced communities. Moreover, it does the job in a way that actually minimizes disruption, community opposition, political risk aod development uncertainties. Under an M program, affordable units (usually 15 to 20 percent) are constructed and occupied concurrently with market-rate units, avoiding the stigma associated with lower-priced housing and reducing most NIMBY (Not In My Backyard!) responses. The benefits of reducing the spatial mismatch between jobs and housing for low-wage earners are manifold, ranging from improved access to jobs for all workers, to equal educational opportunities for students, to reduction in commuting time and traffic congestion, to stable, safe and vital communities. It should not be surprising, then, to learn that at least 75 localities in California have established IH policies, some dating back to the early 1970s. Eleven (out of 19) localities in San Diego County have chosen M as part of their housing strategy. These include Carlsbad, Chula Vista, Coronado, Oceansi de, Vista and Solana K-3 Fair Housing Council of San Diego Beach. The City of San Diego has IH, but only for the Future Urbanized area of the city. They all vary in their effectiveness, with Carlsbad’s program generally considered the most productive. Although IH programs may vary widely in details, characteristics, and distribution (a reflection of the highly political nature of any public policy response to the affordable housing shortage), M remains the most effective strategy for local govemments to increase the supply of affordable housing and promote balanced communities. In San Diego County, IH should be extended to all jurisdictions to make it effective at the regional level, and its requirements strengthened. Utilization,of Publicly Owned Land. Although the City of San Diego has been selling city-owned land to meet its budgetary shortfalls, it still owns land in suburban locations such as University City. Given the housing crisis and the segregational patterns of the City, consideration should be given to the utilization of some of the remaining land for affordable housing. Employer Assisted Housing: Locating housing close to job sites benefits not only the public at large, but employees and employers as well. Much is written about the stress and waste of time, and hence of productivity, associated with long commutes. Past planning practices have separated places of employment from housing. It is time to change zoning regulations to bring jobs and housing closer together. Major employers, when creating new places of employment, should plan for housing as well, and provide their employers with assistance, such as rental subsidies or second loans, low-interest mortgages and closing cost, Mobility Programs. -__- “ Last but not least, are those programs that enable, low-income, mostly non-Caucasian families to move to higher income and often racially integrated neighborhoods. The widely known Guutreuux program in Chicago provided Section 8 rental subsidies to low-income residents of public housing who moved to rental housing in new neighborhoods. Those who chose to move to the suburbs were provided with intensive counseling and other forms of assistance. The program is well known because there is strong evidence that the Guulreuwr.fami1ies benefited significantly from the change of residence. Research has shown that the “suburbanites” were more likely to be employed and to gain better wages, and their children did better in school. For example, their children went to college at a rate of 54 percent, compared with 21 percent for those who stayed in the city. The belief that housing mobility programs will promote the education and employment outcomes of low-income families has led to other tenant-based mobility programs, including HUD’s Moving to Opportunity (MTO) program. The importance of education for upward mobility in the “new economy” in general and for the economic prosperity of San Diego in particular, makes it clear how important “opening up the suburbs” is for the future of our region. Given HUD’s shift from developer subsidies to rent subsidies in the form of vouchers and certificates, there is a need .. to transform existing programs for low and moderate income homeseekers into mechanisms that foster deconcentration, providing financial incentives (at least moving costs and/or security deposits) and intensive counseling to those willing to make the move to the suburbs. Conclusion A commitment to providing affordable housing in the developing parts of San Diego County should be an essential component of the “smart growth” strategy for the region. While calls for bringing together housing, jobs, community facilities and services in a way that restores a sense of community abound, little is said about K-4 I I I R I I I I 8 I' B J I . .. . . . . ._ .. - I.- - - . ~ . . . .. . .. . . . . . . Analysis to Impediments to Fair Housing Choice the need to make these new communities socially and economically balanced. Affordable housing close to jobs and community facilities relieves congestion on the highways, reduces air pollution, energy costs and might make owning a second car unnecessary, creating more disposable income for working families and homeownership more of a possibility. The economy would benefit from the increased productivity and higher educational achievement of students and a readily available labor force. By providing increased opportunities for those left behind, and by fostering balanced and self-contained communities at the regional level, the entire community will ultimately benefit. K-5 .. ... . ~ " .. . . .. . . . . . . . -. -.- .. . . . . . . . - . -. - _" I ~ . .. .~ .. ... . . .. . . . . . . _. .. Appendix L Sample Activities Conducted by Government-Based Fair Housing As part of this update, staff reviewed the Fair Housing Program established in the 1996 AI. Below are the 1996 AI programs and activities. The City will conduct realtor training, through the North San Diego County Association of Realtors new member orientation seminars. The City will provide advice, counseling and assistance with fair housing complaint processing. The City will seek to do community outreach through presentations to social service agencies and community service groups. The City will monitor newspaper classified advertisements monthly for Section 504 compliance. The City will conduct landlord training when directed by HUD or DFEH as part of a conciliation agreement, or as means of conciliation negotiated by the City. 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. City staff will serve 'on the Community Housing Resource Board, and will seek participation on the City- County Reinvestment Task Force. The City will investigate the possibility of implementing an ongoing testing program on a year-round basis, which will include testing for discrimination based on familial status. The City will work with MAAC Project to affirmatively market the Vista Home Ownership Program and provide fair housing information as a part of their housing counseling. The City will affirmatively market or require contract agencies to affirmatively market housing programs funded by the City. The City will monitor subgrantees for Section 504 compliance and insure that, in housing programs funded. by the City, staff is trained in fair housing. Staff will review zoning regulations for residential care facilities and make recommendations. The City will 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 and community and economic development. The City will implement the Section 3 Plan for the hiring of new employees on all appropriate projects. '' Taken from the City of Vista Analysis of Impediments to Fair Housing Choice, Updated April 1999. L-1 Appendix M Sample Activities Conducted by a Private Non-Profit Agency (HHRA148 Since 1969, Heartland Human Relations and Fair Housing Association has developed a sound and positive reputation for serving those segments of the population who may be unable or unwilling to seek fair treatment and affordable housing. Heartland offers a program that provides comprehensive services to foster fair housing and makes adequate provisions for the housing needs of all economic segments of the community. They provide these services to the four cities of East County: El Cajon, La Mesa, Lemon Grove and Santee as well as the cities of Escondido and Carlsbad. Their services include: Fair housing resources to implement an affirmative fair housing marketing plan, provide testing services and complaint verification. Response to all citizen complaints regarding violation of fair housing laws. Provision of landlordhenant counseling for all inquiring citizens of contracted cities. Promotion of rights and responsibilities of both tenants and landlords through outreach education programs designed to enhance public awareness. Monitoring of housing legislation with periodic updates to contracted cities. Processing of monthly reports with documentation on number and type of complaints in categorical order. Maintenance and distribution of affordable housing listings free to clients within East County. Heartland provides advocacy for extremely low- and low-income households and diverse minority residents who may not have the knowledge or language capability to comprehend that they are entitled to live in a habitable dwelling. Additionally, those who are physically disabled, mentally ill or substance abusers have . needs for specialized services which are provided by HHRA housing counselors. By publishing two hand books, Fair Housing Handbook and Handbook on Renting, Your Rights and Responsibilities (which are distributed at select locations in contracted cities), Heartland has gone a long way in providing access to these populations as an adjunct to personal counseling. Lastly, HHRA .provides extensive mediation services, actively participates in testing for discrimination and acts as a community lead agency in the participation in and provision of human relations for high school students, law enforcement and other organizations and community groups on a collaborative basis. Sampling provided by Heartland Human Relations and Fair Housing Association. ., - ,. . . . . . . . . . .. . - . . . . . . . _" ~ ~ .. . . . . . . . . . . . . . -. I .. . ." - Appendix N Sample Activities Conducted by a Private Non-Profit Agency The FHCSD will perform comprehensive fair housing services for contracting cities. All activities will directly or indirectly support an ongoing fair housing planning process and the implementation of recommendations as outlined in the AI Regional and Jurisdiction-based findings. (FHCSD)49 Services will be offered in the component areas of: advocacy; outreach and education; technical training opportunities for members of the housing provider, lender and insurance industries and others; and the maintenance of a fair housing discrimination investigative, intake and enforcement referral process. These fair housing services are offered primarily in an effort to overcome the identified barriers to fair housing as highlighted in the AI Regional findings. Contractual fair housing services will include, but will not be limited to, the services outlined by component area( s) below. Advocacy Goals: To serve as a community voice and advocate for the issues associated with individual, family and community fair housing rights Objectives: To raise consciousness regarding, and foster positive commitment to, ensuring legal fairness in regionwide housing opportunities. Activities: In appropriate settings such as public events, meetings and gatherings, or before government funding entities, FHCSD staff will offer educational and informational support to enhance public understanding of the benefits of fair housing. This advocacy will serve to foster wholesale adaptation of fair housing practices in the housing market@). Education and Outreach Goals: To foster, promote and increase consumerhomeseeker, providerhomeowner and property manager awareness of fair housing rights and responsibilities in the rental, sales, lending and property insurance marketplace(s); to broaden the base of community fair housing knowledge toward the objective of achieving greater understanding of and compliance with fair housing laws. Objectives: Staff will plan, coordinate, implement and evaluate outreach and educational activities, which are designed to impart information about all aspects of fair housing laws. Activities: 0 Operate telephone hotline service daily as a quick response to inquiries from the public about: fair housing rights and responsibilities; landlordtenant issues which may have risen to the level of a housing discrimination complaint; options for resolution when discrimination allegation is verified; consumer rights and responsibilities under fair housing laws; and other questions requiring outside referrals 0 Prepare and distribute multi-lingual and diverse printed materials concerning fair housing laws, rights and responsibilities, including materials in English, Chinese, Filipino, Hmong, Vietnamese, Lao, Samoan, Spanish and African languages 49 Sampling provided by Fair Housing Council of San Diego. ~ - N-1 a Fair Housing Council of San Diego "_ - Prepare and utilize radio (and TV where possible) public service announcements as part of an ongoing education campaign Collaborate and coordinate, where possible, with major social service providers to conduct fair housing events; work with agencies like Access Center, Urban League, Center for Womenk Studies, NAACP, Neighborhood House, South Bay Community Services, National City Collaborative, Union of Pan Asian Communities, Townspeople and many others Continue recruitment and development of multi-lingual fair housing-trained Speakers Bureau presenters; Speakers will be trained to make user-friendly community presentations where limited English speaking audiences are involved Note: Language barriers have been identified as an impediment to the achievement of fair housing goals in the region. Conduct outreach to providers, consumers and community-based organizations and government groups to continuously develop and respond to presentation requests Some Specific Activities will include: 0 Collaborations with appropriate community-based or government entity to a.) Conduct one major workshop per quarter. for targeted populations in the area(s) of fair housing advertising, familial status, gender disparities in housing and housing discrimination on the basis of physical and mental disabilities or other "protected" bases; Initiate fair housing essay and poster contest at public schools and colleges Conduct regular mail outcampaigns to disseminate written information on fair housing Conduct major fair housing events during National Fair Housing Month (in April) and throughout the fiscal year Technical Assistance and Industry Professional Training Goals: To help property managers, lenders and property industry professionals achieve increased levels of . voluntary compliance with fair housing requirements; provide them with preventive measures designed to decrease their zone of potential liability for housing discrimination complaints. Objectives: Staff will plan, coordinate, implement and evaluate workshops, seminars, presentations and educational opportunities for housing providers. Activities: 0 Conduct telephone hotline services in response to owner/manager inquiries regarding technical compliance with required fair housing business procedures and practices a Conduct activities of the San Diego Advertising Task Force, to increase fair housing compliance of advertisers, publishers, builders and developers who advertise housing opportunities 0 Assist with implementation of fair housing plan under auspices of the jurisdiction's Consolidated Plan 0 Conduct minimum of one Department of Real Estate approved (3 credit hrs.) training seminar per operating year to be offered to property management companies, owners and managers at a minimal cost 0 Prepare and disseminate printed materials for members of the housing industry As part of conciliation component activities, provide technical information regarding the Federal Fair Housing Act and other state laws for complainants and respondents in alleged discrimination compliant matters 1 I I I I 1 1 a 1 I I I I E I 8 8 N-2 , __ .. . . .. . ._ -. . . . ..._ .. . -__ ~ . -. .. -. " - -. ... . . . . . . ... . . .. . ... . - _. . _"._.-...._-"".__."""""~""I Analysis to Impediments to Fair Housing Choice Continue annual participation in area trade shows such as the Apartment Associations Expo and the San Diego Area Homebuyer and other community fair(s) Conduct annual Fair Housing Laws and Litigation conference for attorneys, advocates, public housing authorities, entitlement cities and others Conduct tests and audits as fimding permits; Note: Per AI findings, additional testing is needed in the areas of discrimination against families with children and the disabled, multiple listings services, brokers, appraisers, and others. Conduct conciliation activities to resolve housing discrimination complaints Fair Housing Rights Enforcement Goals: To provide and facilitate access to enforcement assistance where a bona-fide complaint of fair housing is received through the intake process and verified Objectives: Staff will receive (intake), investigate (test where appropriate), process and resolve (educate or refer) bona fide fair housing discrimination complaints. Process: Where discrimination has been alleged, but there is no current verifying documentation, the complainant is counseled and educated about the issues of fair housing. Conversely, when the complaint is supported by substantive evidence, intake is completed, investigation or testing is completed and a plan of enforcement or referral action, on a complaint-by-complaint basis is formulated and implemented. Activities: 0 Receive and process all discrimination complaints as alleged by the complainant 0 Conduct investigative activities designed to provide supporting evidence in connection with bona-fide complaint of housing discrimination; 0 Provide conciliation services as a means of resolution to complaints or refer the complainant to an enforcement entity such as DFEH or a private attorney for further enforcement assistance; conduct case management and follow-up activities where appropriate Administrative Activities: 0 Implement ongoing plan to recruit a broad base of board of directors and committee members who will set Fair Housing Council Agency policy and provide governance activities 0 Hire staff to implement agency policies and complete other administrative tasks as assigned; provide staff training and conference attendance activities to insure that staff keeps abreast of developing legal and regulatory guidelines within the fair housing arena 0 Prepare reports and maintain records of all activities. .. " N-3 Appendix 0 Charts and Tables Figure 33: Denial Rate of Conventional Loans Denial Rate of Conventional Loans by Ethnieity San Diego County 1992 -1998 2 5% 20% 15% 1 0% 5 % 0% AMERICAN ASlANlPAClFlC BLACK HISPANIC WHITE OTH IND/ALASKAN ISLANDER NATIVE IER (WHITE"N0RIN) AVAILABLE JOINT RACE NOT 0-1 Fair Housine Council of San Dieeo Figures 34 and 35: Loan Originations by Ethnicity Lwn Origin8tionr by Ethnicity Conventid Loamr n VMFHA Loans Sm Dkgo County 1998 BLACK HISPANIC Dollar Value of Conventional hn Originations by Etbaicity San Dwo County 1!PM BLACK 0-2 I I I 1 I 1 I ~ Analysis to Impediments to Fair Housing " ~ ~ ~ ~ ~ Choice Figure 36: Loan Origination by Ethnicity, San Diego County Convential Loan Originations by Ethnieity San Diego County 1997 - 1998 90% 80?h 70% 60% SO?? 40% 30% 20% 1 oo? 0% BLACK HISPANIC WHITE -. "" 0-3 I 1997 Originations 1998 Originations 0 1998 Population ~__ h I! Y u S .I .I e W h " s s s n m 0 VI m e4 s s s 2 s 0 N n 0 VI 0 - - Fair Housing Council or San Diego ”” __ ” -. Figures 38 and 39: Denial Rates by Ethnisity and Median Income 30% 25% 20% 15% 10% 5% 0% Denial Rate of Conventlonal Loans by Ethnlclty San Dlego County 1998 8O-gOK of MSA Medhn Income . I 1 Dcmiml Rate of Cnnvcntbul Lrm by Ethmicity IW-ll9Y. nfMSAMcdiu Imcomc S8m Dkgo County I998 22% 0-6 5 m I dl Y Appendix P Sources Consulted $160.000.000 and Counting. A Summary of Housing Discrimination Lawsuits. Compiled for the National Fair Housing Alliance. Fair Housing Center of Metropolitan Detroit: 2000. Administrative Guide for the Section 8 Certificate and Voucher Programs-Housing Authority of the County of San Diego, September 1997. "Advertising: The Fair Housing Act Prohibits Discrimination in Advertising." Cohen, Nadine: 2000. The California Land Use and Zoning CamDaign: An Assessment of Local ComDliance with State and Federal Fair Housing Laws Droviding " Drotections for housing for ueoule with disabilities. Savage, Kim, J.D. Los Angeles: 2000. The Community Guide to Predatorv Lending Research. The Community Reinvestment Association of North Carolina. Jeanette Bradley. North Carolina: June, 2000. County of San Diego Consortium Consolidated Plan: Annual Funding Plan. Fiscal Year 1999/2000. County of San Diego, Department of Housing and Community Development: 1999. Discrimination Against Children: A Manual on Fair Housing Law for Families With Children. Palamountain, Chris, et al. San Francisco: 1998. Discrimination Study: HUD, 1991 Fair Housing Act Design Manual: A Manual to Assist Desimers and Builders in Meeting the Accessibility Reauirements of the Fair Housing Act. U.S. Department of Housing and Urban Development, Office of Fair Housing and Equal Opportunity, Office of Housing. Washington, D.C.: 1996. The Fair Housing Advocate-a National Publication. . FHCSD Housing Audit (Rental-Race) 1991 FHCSD Housing Audit (Rental-National Origin, Hispanic) 1992 FHCSD Housing Audit (Rental-Familial Status, Race) 1993 FHCSD Housing Audit (Sales-Race) 1994 FHCSD Housing Audit (Mortgage Lending-Majority-Minority) 1996-97 FHCSD Housing Audit (Insurance) 1997 Fair Housing and Fair.Lending.. Aspen Publishers. Fair Housing Law: ZoninP and Land Use Issues. Part 11. Fathy, Ann T., AICP. Portland: 1995. k Fair Housing Planning Guide. Volume 1. U.S. Department of Hbusing and Equal Opportunity. Washington, D.C.: 1998. Fair Housing Planning Guide. Volume 2-Grantee Activities. U.S. Department of Housing and Urban .. Development, Office of Fair Housing and Equal Opportunity. Washington, D.C.: 1996. P- I Fair ~ Housing Council of San Diego Fair Housing Regional Analysis of ImDediments. Metropolitan Washington Council of Governments. Washington, D.C.: 1997. "Guideline for Evaluating the Analysis of Impediments.'' National Low Income Housing Coalition / LIHIS. Washington, D.C.: 1999. "Hate Crimes in California, 1999." Bill Lockyer, Attorney General, California Department of Justice and the Division of Criminal Justice Information Services. California: 2000. HHRA Housing Audit (Rental-Familial Status) 1995 HHRA Housing Audit (Rental-Familial Status, Race) 1999 HHRA Housing Audit (Rental-Race) 2000 Housing Discrimination Law and Litigation. Schwemm, Robert. St. Paul, MN: 1997. "Housing Discrimination Study." The Urban Institute and Syracuse Univ. for the Office of Housing and Urban Development, June 1991. HousinP Element 1999-2004: General Plan. Part IX. County of San Diego Housing. San Diego: 1999. Market Profiles of San Diego: Rental Trends Executive Summary ReDort. Marketpoint Realty Advisors. San Diego: 2000. Practical TiDS on Litigating Mortgage Lending and Insurance Discrimination Cases. The John Marshall Law School Fair Housing Legal Support Center: 1997. San Diego Regional Economic ProsDeritv Straterrv: Toward A Shared Economic Vision for the San Diego Region. SANDAG. San Diego: May, 1998. San Diego Urban Countv and Home Consortium. 2000-2005 Consolidated Plan. County of San Diego Department of Housing and Community Development. San Diego: 2000. San Diego Urban League Housing Audit (Rental-Race) 1988 What We Know About Mortgage Lending Discrimination In America. The Urban Institute. Washington, D.C.: 1999. "Who Really Gets Home Loans? Year Six: A Home Mortgage Report on California's Largest Lenders." California Reinvestment Committee. San Francisco: 1999. P-2 DOCUMENT D CITY OF CARLSBAD CONSOLIDATED PLAN JULY 1,2000 to JUNE 30, 2005 CITY OF CARLSBAD HOUSING AND REDEVELOPlMENT DEPARTlMENT .. .. City of Carlsbad Consolidated Plan July 1, 2000 to June 30,2005 Prepared By Housing and Redevelopment Department City of Carlsbad 1200 CarlsbadVillage Drive Carlsbad CA 92008 (619) 434-2811 This page is intentionally blank. . CITY OF CARLSBAD CONSOLIDATED PLAN TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. i LIST OF APPENDICES ................................................................................................. v LIST OF TABLES.. ..................................................................................................... vii EXECUTIVE SUMMARY ............................................................................................. ix SUMMARY OF DEVELOPMENT PROCESS .................................................................... xi INTRODUCTION xi11 ... ..................................................................................................... SECTION 1. COMMUNITY PROFILE A. Market and Inventory Characteristics ................................................... 1 1. Community Description ................................................ 1 . 2. Market and Inventory Conditions .................................. 12 B. Needs Assessment ......................................................................... 27 1. Current EstimateFive-Year Projections .......................... 27 2. Nature and Extent of Homelessness ............................... 40 3. Populations with Special Needs - Other Than Homeless ...... 44 C. . Available Resources ...................................................................... 49 SECTION 11. FIVE YEAR STRATEGIC PLAN A. Summary of Five-Year Strategy .......................................................... 1 1. Priorities for Providing Housing Assistance ....................... 1 . 2. Strategies to Meet Identified Housing Needs ...................... 2 3. Strategies to Meet Economic Development Needs.. ............. .4 B. Priority Analysis for Housing Needs .................................................... 8 1. Priority High: Very Low-Income (0 to 50% MFI) Non-Elderly, Large Family Renter Households ................... 8 2. Priority High : Very Low-Income (0 to 50% MFI) Non-Elderly, Small Family Renter Households.. ................. 9 3. Priority High: All Other Very Low-Income (0 to 50% MFI) Renter Households ................................. 9 4. Priority High: Very Low-Income (0 to 50% MFI) Elderly Renter Households .......................................... 10 5. Priority Medium: Existing Very Low-Income (0 to 50% MFI) Home Owner. ..................................... 11 6. Priority Low: First Time Very Low-Income (0 to 50% MFI) Home Buyers.. .................................... 11 7. Priority Medium: Low-Income Non-Elderly, Large Related Renter Households ................................. 11 8. Priority Medium: Low-Income Non-Elderly, Small Family Renter Households .................................. 12 9. Priority Medium: All Other Low-Income Renter Households13 10. Priority Medium: Low-Income Elderly Renter Households . 14 Table of Contents Page i CITY OF CARLSBAD C . D . E . F . G . H . I . J . K . L . M . N . 0 . P . Q * 1 1 . Priority Medium: Existing Low-Income Home Owner ....... 14 12 . Priority Medium: First Time Low-Income Home Buyers ... 15 13 . Priority Medium: Lower-Income (0 to 80 MFI) Homeless Persons and Documented Migrant Farm workers . and Day Laborers .. ... ................................................. 15 14 . Priority Low: Lower-Income Homeless Persons With Special Needs ................. .._... ................................... 16 15 . Priority Medium: Lower-Income " At-Risk" Households ..... 16 16 . Priority Low: Other Lower-Income Households With Special Needs .......................................................... 16 Specific Objectives to Meet Identified Housing Needs ............................. 20 1 . New Housing Production ............................................ 21 2 . Acquisition of Housing Units ....................................... 22 3 . Moderate or Substantial Rehabilitation of Housing Units ..... 23 4 . Provide Rental Assistance ........................................... 23 5 . Provide Home Buyer Assistance ................................... 24 6 . Provide Support Facilities and Services .......................... 24 Programs, Services and Special Initiative Strategies ............................... 25 Proposed Accomplishment for Specific Objectives ................................. 28 Non-Housing Community Development Plan ....................................... 30 1 . Community Development Needs Assessment .................... 30 2 . Specific Objectives to Meet Identified Community Development Needs ................................... 34 Geographic Distribution - All Priorities .............................................. 35 Relevant Public Policies, Court Orders, and HUD Sanctions as Institutional Structure and Intergovernmental Cooperation ....................... 36 Barriers to Affordable Housing ......................................................... 35 1 . Description ............................................................. 36 2 . Overcoming Gaps ..................................................... 37 Coordination Efforts ...................................................................... 38 Leverage Plan for the Use of Funds and Matching Funds Requirement ........ 38 Support of Applications From Other Entities for Federal and State Program Funds ............................................................................ 39 Denial of Support For Application ..................................................... 39 Strategies for Lead Based Paint Hazard Reduction ................................. 41 Anti-Poverty Strategy .................................................................... 42 Public Resident Initiatives ............................................................... 43 Monitoring Standards and Procedures ................................................ 43 SECTION III . ACTION PLAN A . Standard Form 424: Form Application ................................................ 1 B . Projected Financial Resources to be Available ........................................ 5 C ... Activities to be Undertaken ............................................................... 8 1 . Affordable Housing Activities ........................................... 10 2 . Community Development Activities .................................... 12 3 . Housing Activities for the Homeless ................................... 36 D . Geographic Distribution - All Priorities .............................................. 37 E . Institutional Structure ..................................................................... 37 1 . Funding and Incentives for Affordable Housing ................ 37 Page ii CITY OF CARLSBAD CONSOLIDATED PLAN 2 . Network Building Activities ......................................... 38 F . Public Housing Improvements .......................................................... 38 G . Public Housing Resident Initiatives .................................................... 38 H . Lead Based Paint Hazard Reduction ................................................... 38 I . Fair Housing and Other Coordination Efforts ....................................... 40 SECTION N . CERTlFICATIONS ................................................................................... 1 Affirmatively Further Fair Housing ......................................................................... 1 Anti-displacement and Relocation Plan ..................................................................... 1 Drug Free Workplace .......................................................................................... 1 Anti-Lobbying ................................................................................................... 2 Authority of Jurisdiction ....................................................................................... 2 Consistency with Plan. ......................................................................................... 2 Section 3 .......................................................................................................... 3 Specific CDBG Certifications ................................................................................. 5 Citizen Participation Plan ............................................................................ 5 Community Development Plan ..................................................................... 5 . Following a Plan ....................................................................................... 5 Use of Funds ........................................................................................... 5 Excessive Force ....................................................................................... 6 Lead-Based Paint ................................................. : .................................... 6 APPENDIX TO CERTIFICATIONS ....................................................................... 7 Compliance with Anti-Discrimination Laws ..................................................... 6 Compliance with Laws ............................................................................... 6 Table of Contents Page iii CITY OF CARLSBAD CONSOLIDATED PLAN This page is intentionally blank. Page iv CITY OF CARLSBAD CONSOLIDATED PLAN LIST OF APPENDICES APPENDIX A - Definitions APPENDIX B - Housing Element Section 3 APPENDIX C - Summary of Public Comments List of Appendices Page Y CITY OF CARLSBAD CONSOLIDATED PLAN This page is intentionally blank. Page vi CITY OF CARLSBAD CONSOLIDATED PLAN Table 1: Table 2: Figure 1. Table 3: Figure 2. Figure 3: Table 4: Table 5: Table 6: Table 7: Table 8: Table 9: Table 10: Table 11 : Table 12: Table 13: Table 14: Table 15: Table 16: Table 17: Table 18: Table 19: Table 20: Table 21: Table 22: Table 23: Table 24: LIST OF TABLES Race and Ethnicity of Population Race, Ethnicity and Income of Households City of Carlsbad Low/Moderate Income Census Tracts Ethnicity/Race of Population by Census Tract City of Carlsbad Map City of Carlsbad Census Tract Map Housing Stock Inventory Estimated Units Occupied by Lower-Income Households With Lead Based Paint Hazards Estimated Number of Units With Lead Based Paint Hazardsby Census Tract Shelters for the Homeless Serving San Diego - North County Coastal Homeless Programs and Services by City Churches and Other Local Organizations Regional Homeless Programs and Services Housing Assistance Needs of Low and Moderate-Income Households Percentage of Income Group by Tenure Experiencing Overcrowding Comparison of Very Low-Income Renter Households by Race/Ethnicity Comparison of Very Low-Income Owner Households By Race/Ethnicity Comparison of Low-Income Renter Households by Race/Ethnicity Comparison of Low-Income Owner Households by Race/Ethnicity Homeownership by Income Group Homeless Populations Homeless Subpopuiations Non-Homeless Special Needs Populations Frail Elderly Lower-Income Households Estimated Persons with AIDS and HIV Infection in Need of Housing Assistance Public and Private Resources Available for Housing and Community Development Needs Priorities for Assistance 5-Year Plan Need for Rental Housing by Bedroom Size Table 25; Affordability of Occupied Rental Housing By Income Category Table 26: Affordability of Occupied Dwelling Units By Unit Size and Tenure Table 27: Affordability of Vacant Dwelling Unit5 By Unit Size and Tenure Table 28: Estimate of Households to be Assisted Over Five-Year Period Figure 4: Map of the Village Redevelopment Area Figure 5: Map of the Barrio Study Area Table 29: Support of Applications by Other Entities Report Table 30: Poverty Status of Population by Age/Family Table 3 1 : Projected Financial Resources for 2000-2001 Table 32: Funding Sources Report Table 33: Listing of Proposed Projects Table 34: Listing of Proposed Housing and/or Housing Related Projects for 2000-2001 List of Tables Page vii CITY OF CARLSBAD CONSOLIDATED PLAN This page is intentionally blank. Page viii CITY OF CARLSBAD CONSOLIDATED PLAN EXECUTIVE SUMMARY The Consolidated Plan is a five-year housing and community development plan covering the period from July 1, 2000 to June 30, 2005. The purpose of the Consolidated Plan is to provide States and local units of government with: 1) a comprehensive assessment of housing and community development needs over a five year period; 2) a coordinated housing and community development plan incorporating Federal, State and local public and private resources; and 3) an annual implementation plan. The Consolidated Plan is comprised of four major sections, each of which represents a step in creating a plan to address local affordable housing and community development needs for the five year period. In the first section, a community profile is given with an estimate of the housing assistance needs of its extremely low income, low income and moderate income families, including the needs of homeless individuals and families and non-homeless persons with special needs. The availability of unassisted housing, assisted housing and other resources for addressing the needs are also included in the first section. The second section describes a strategy for meeting these housing assistance and the community development needs of the City over the next five years. The third section describes an action plan on how the available resources will be used to provide affordable housing for needy individuals and families and provides descriptions of the activities proposed for funding. In the last section, the City certifies to it's commitment to comply with various federal regulations such as furthering fair housing and consistency of housing activities with the strategic plan. Citizen participation in the process of developing, implementing, and reviewing the Consolidated Plan is highly encouraged. The City has developed and follows a detailed citizen participation plan that encourages participation of citizens, emphasizing the involvement of low, very low, and extremely low- income residents where housing and community development funds may be spent. As required, a public review period of thirty (30) days is provided to obtain the views of citizens, public agencies, and other interested parties. Citizen comments and the jurisdiction's responses are included in the final draft of the Consolidated Plan. This Consolidated Plan is prepared with the assistance, of the San Diego Association of Governments (SANDAG) and the U.S. Department of Housing and Urban Development (HUD). SANDAG and HUD provided guidance and census data required to complete the Consolidated Plan. Comments and/or questions regarding this Consolidated Plan and its implementation should be directed to: CITY OF CARLSBAD HOUSING AND REDEVELOPMENT DEPARTMENT 2965 ROOSEVELT STREET, SUITE B CARLSBAD, CALIFORNIA, 92008 (760) 434-281 1 ~ Executive Summary Page ix CITY OF CARLSBAD CONSOLIDATED PLAN This page is intentionally blank. Page x CITY OF CARLSBAD CONSOLIDATED PLAN SUMMARY OF DEVELOPMENT PROCESS The City of Carlsbad's Consolidated Plan has been prepared by the City's Housing and Redevelopment Department in accordance with federal regulations and guidance from the U.S. Department of Housing and Urban Development. The City of Carlsbad will amend its Consolidated Plan as required to remain in compliance with federal regulations for the Community Development Block Grant Program. In preparing the City's Consolidated Plan, four general tasks were undertaken: 1. Assemble information regarding the requirements of the Consolidated Plan and information for the housing assistance needs analysis and the inventory of housing and housing related support facilities; development process; 2. Organize public forums to solicit public participation in the Consolidated Plan 3. Prepare a draft document for public review and comment; and 4. Prepare and submit a final Consolidated Plan. Assembling Information To develop this Consolidated Plan, the City of Carlsbad was provided assistance from the U.S. Department of Housing and.Urban Development (HUD) and the San Diego Association of Governments (SANDAG). HUD provided much of the necessary 1990 U.S. Census data and manuals to help guide the City in the specific contents required for the Consolidated Plan. The City also requested technical assistance from SANDAG. SANDAG provided some needed housing and income data by census tract from the 1990 U.S. Census and to determine the housing or supportive housing needs of the homeless and others with special needs. In addition, organizations were contacted to provide estimates of the number of homeless persons and other. persons with special needs in need of housing assistance. The various organizations contacted by staff include: the County of San Diego's Department of Environmental Health, Epidemiology, and the Regional Task Force on the Homeless. An inqentory of the housing and social service agencies providing services to the City of Carlsbad has been obtained by the San Diego Regional Task Force on the Homeless. Public Forums Consistent with citizen participation and involvement requirements of the Consolidated Plan process, as established within the City's Citizen Participation Plan the City accepted verbal and written comments during the development of the Consolidated Plan to obtain the views of citizens, governmental officials, developers, non-profit organizations, and other interested parties on the City's housing needs and priorities and strategies for addressing these identified needs. Any comments or questions were to be directed to : CITY OF CARLSBAD HOUSING AND REDEVELOPMENT DEPARTMENT 2965 ROOSEVELT STREET, SUITE B CARLSBAD, CALIFORNIA, 92008 (619) 434-281 1 Summary of Development Process Page xi CITY OF CARLSBAD CONSOLIDATED PLAN A public hearing before the City Council was held on November 9, 1999 to accept comments on the the City's CDBG Funding Plan and Strategy. City Council held another public hearing on March 7, 2000 to again solicit comments on the needs of low and moderate-income persons and to accept comments on the various proposals submitted for funding consideration under the City's CDBG 2000- 2001 program. An additional public hearing is to be held after the public review period is completed for the 2000-2005 Consolidated Plan. Notices in a local newspaper, the North County Blade Citizen, were published annauncing these public hearings. Initial Draft Consolidated Plan Upon receiving information from HUD, SANDAG, appropriate social service organizations and citizens, city staff completed an analysis of the housing needs of the low and moderate income households within Carlsbad and drafted a plan for implementing programs which would assist the City in meeting the identified needs. The draft plan was reviewed by City staff and appropriate revisions were made to the document prior to releasing it to the public for review and comment. Public Comment Period Consistent with citizen participation and involvement requirements of the Consolidated Plan process, the City made the draft Consolidated Plan available for public review and comment for the required 30 day period from March 7 to April 6, 2000. A notice was also published in the local newspaper to inform the general public that the City of Carlsbad's 2000-2005 Consolidated Plan was available for public review and comment and copies of the document were available at City facilities located throughout the community. In addition, the draft Consolidated Plan document was distributed for review to persons and/or organizations requesting a copy of the Consolidated Plan. Citizen comments are outlined in Appendix C of this Consolidated Plan. Preparation of Final Draft Consolidated Plan and Submittal Following the City Council meeting and the end of the public review and comment period, the draft Consolidated Plan was revised to address comments made during this review and comment period and comments made at the public hearings. The approved final draft Consolidated Plan was submitted to the U.S. Department of Housing and Urban Development and the State Department of Housing and Community Development for review and a determination of compliance with applicable federal regulations. Page xii CITY OF CARLSBAD CONSOLIDATED PLAN INTRODUCTION In 1994, The U.S. Department of Housing and Urban Development (HUD) consolidated the application and reporting processes for four housing and community development formula-based programs: Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), Emergency Shelter Grants (ESG) and Housing Opportunities for Persons with AIDS (HOPWA). The application process for these programs requires the establishment of a Consolidated Plan for Housing and Community Development (Consolidated Plan). Submission of an approved Consolidated Plan satisfies the regulatory requirements for the four HUD formula programs. Consolidating the submission requirements offers local jurisdictions a better chance to shape these various HUD programs into a more effective, coordinated, and comprehensive housing and community development strategy which reduces duplication of effort at the local level. The Consolidated Plan creates the impetus for a jurisdiction to examine its housing and community development needs in a holistic way, establish goals and develop a plan for carrying out those activities. In the Consolidated Plan, a state or local government estimates the housing assistance needs of its very low income, low income and moderate income families, including the needs of homeless individuals and families and non-homeless persons with special needs, and assesses the availability of unassisted housing, assisted housing and other resources for addressing the needs. On the basis of this information, a strategy is developed for meeting these housing assistance and the community development needs over the next five years. Each year, jurisdictions decide how the available resources will be used to provide affordable housing for needy individuals and families and provide descriptions of activities to be funded. The format for the Consolidated Plan consists of five parts and is divided into four major sections. These four sections and their component parts are: COMMUNITY PROFILE 1. Population Characteristics 2. Housing Market and Inventory Conditions 3. Needs Assessment 4. Available Resources FIVE YEAR STRATEGIC PLAN 1. Housing and Non-Housing Priorities Analysis 2. Objectives to Meet the Needs ONE YEAR PLAN/ACTION PLAN 1. Available Resources 2. Activities to Be Pursued CERTIFICATIONS 1. Compliance with Applicable Federal Regulations. Each part of the Consolidated Plan contains narrative discussions of affordable housing and supportive housing for homeless persons and others with special needs, supported by tables and other documentation. Introduction Page xiii CITY OF CARLSBAD CONSOLIDATEDPLAN . ' The "Population Characteristics" section of the Consolidated Plan summarizes the essential demographic data describing the general population, including any trends in population, household, and racial and ethnic characteristics for Carlsbad. It also provides the percentages of households who are of very low, low, moderate, or upper-income. In addition, the narrative for this section includes an analysis of areas of racial/ethnic and low-income concentration. The "Housing Market and Inventory Conditions'' section of the Consolidated Plan summarizes local housing market and inventory characteristics, including trends in population, household formation and housing, as well as information on the assisted housing and public housing stock. It also summarizes the facilities and services available for homeless persons and other non-homeless persons with special needs. -The narratives for this section include a description of the most significant market and inventory conditions in the jurisdiction as well as the nature and extent of the cost burden and severe cost burden experienced by renters within Carlsbad. This section discusses the housing market in Carlsbad in terms of supply, demand and cost of housing and highlight any adverse effects these market conditions have on producing rental housing, promoting new home ownership opportunities, alleviating overcrowding and meeting the needs of under-served population groups, such as large families. In addition, the City analyzes the potential of lead based paint hazards in Carlsbad. The "Needs Assessment" summarizes available data on the most significant current housing needs of very low income, low income and moderate income families in Carlsbad and projects those needs over the five year Consolidated Plan period. This part also summarizes the most significant current supportive housing needs of homeless persons and other non-homeless persons with special needs. The narrative for this section describes the City of Carlsbad's assessment of the most significant current housing/shelter needs as presented in the various tables, as well as our projected needs. A five year projection of supportive housing needs of homeless persons or others with special needs is not required. However, where the City anticipates there will be a significant change in supportive housing needs in the foreseeable future, we will discuss those future needs in the narrative sections which address current needs. The "Resources" section of the Consolidated Plan describes the various federal, non-federal, and private resources and programs the City anticipates will be available. The programs and resources are listed by activity type (i.e. acquisition, rehabilitation, new construction, home buyer assistance, rental assistance, homeless assistance, homeless prevention). The "Five Year Strategic Plan" states the City of Carlsbad's general plans and priorities to be pursued over the five-year period of the Consolidated Plan (July 1, 2000 - June 30, 2005). The strategy is based on the City's overall analysis of the needs and market and inventory conditions, as outlined within the first three sections noted above. Basically, the five-year strategy describes the City's action plan for addressing imbalances between its needs for housing assistance and its affordable housing and supportive housing and services inventory. The City is required to summarize our investment priorities for very low income and other low income housing and discuss our reasons for setting the priorities. The determination of priorities is to flow logically from analysis of how the size, distribution, condition and cost of the housing inventory matches up with the needs and types of housing problems of various income, racial, family and tenure groups. In addition, strategies for the reduction in lead based paint hazards are discussed. The "One Year PladAction Plan" translates the City's five-year strategy and anticipated available resources into a one year action plan and goals which will guide the City's resource allocation and investment decisio& during the coming year. The City is required to describe our investment plans Page xiv CITY OF CARLSBAD * CONSOLIDATED PLAN and goals and the specific actions we will take to achieve those commitment levels and goals. Also, the City has described the actions to be taken to remove or ameliorate the negative effects on housing affordability created by public policies. The City will also outline how we intend to monitor our programs for compliance with our strategy. The final section, "Certifications", contains the certifications required for the City's annual submission to the U.S. Department of HUD. The certifications state the City's commitment to comply with . various regulations, such as: 1) Affirmatively furthering fair housing; 2) A residential anti- displacement and relocation assistance plan; 3) Drug-free workplace; 4) Anti-lobbying; 5) Authority of jurisdiction to carry out programs; 6)Consistency of housing activities with the strategic plan; 7) Acquisition of real property and relocation assistance; 9) Establishment and compliance with a Citizen Participation Plan; 10) Community Development Plan; etc. Introduction Page xv SECTION I. COMMUNITY PROFILE A. Market and Inventory Characteristics 1. Community Description '!The City of Carlsbad, California, incorporated in 1952, is approximately 42 square miles of beautiful coastal San Diego County. Known as the "Village by the Sea", Carisbad has the cham of a quaint seaside community together with the contemporary feel and look of a progressive business environment. Named for a famous spa in Karlsbad, Bohemia (because of the similarity' of the mineral water), Carlsbad is bordered on the west 'by uncrowded Pacific beaches and on the east by rolling hills and chaparral covered mesas. Carlsbad has evolved in the past decade as a focal point in North San Diego County for business and cultural activity. The City welcomes progressive and creative businesses to explore some of San Diego County's most prime industrial land and commercial opportunities. Its progressive city government legislates a unique balance of public services and planning strategies to meet the current and future needs of the citizenry. Though committed to economic growth, the city is critically sensitive to Carlsbad's unique ecological position as a coastal city of beaches, fragile lagoons, and unspoiled canyons. .. Carlsbad is strategically located between .two of California's largest metropolitan areas, Los hgeles 90 miles to the north and San Diego 35 miles to the south. A major freeway, Interstate 5, traverses the city from the north to south, providing easy access and transportation to all points of Southern California. Carlsbad boasts one of the most attractive climates in Southern California. Virtually smog-free, the air is regularly cleansed by the cool ocean breezes of the Pacific. Its vivid blue slues, low humidity, and light rainfall make the Carlsbad area delightful for living, working, and playing. Temperatures range from an average of 58 degrees in January to an average of 73 degrees in July. Annual rainfall averages about 7 inches, most of it falling between October and February."' a. Background and Trends Carlsbad is considered a highly desirable place to live and has attracted many households from around San Diego County, as well as the state and the nation. People are attracted to Carlsbad not only for its desirable physical assets, such as an attractive climate, proximity to large urban cities and coastal location, but also for its variety of educational and community facilities, low crime rate, progressive city government, and employment opportunities. Numerous opportunities for education are provided to Carlsbad households . There are four school districts serving the City and higher education can be sought in various public or private colleges and universities around San Diego County. The social needs of Carlsbad residents are met through a spectrum of recreational and cultural facilities. Within Carlsbad, residents enjoy a Cultural Arts Center, Legoland California, art galleries, movie theaters, libraries and churches. For recreation, residents have access to natural recreational areas such as the miles of public beaches, three lagoons, parks, a public swimming facility, and three community/recreation centers. Carlsbad Chamber of Commerce, Community Overview Citv of Carlsbad - Consolidated Stratem & Plan Section I. Community Profile Page 1 While the social and academic environment may attract households to locate in Carlsbad, the relatively safe environment of Carlsbad also serves as an inducement to locate in Carlsbad. In comparison to' other cities within San Diego County, Carlsbad has one of the lowest FBI Index Crime Rates in the County according to the San Diego Association of Governments. On the economic front, Carlsbad's location and abundance of undeveloped commercial and industrial acreage has brought about a conducive environment for business in the community. Carlsbad has evolved as a focal point in North San Diego County for business activity. The City not only enjoys a healthy retail base but also a solid manufacturing base. The major employment centers continue to be in the regional shopping center (Plaza Camino Real) and the office industrial corridor that surrounds the Palomar- McClellan Axport. Major manufacturing. employers in Carlsbad include Callaway/Odyssey Golf, Mallenclaodt Medical, and Smith & Nephew Donjoy. La Costa Hotel and Spa, Four Seasons Aviara and Plaza Camino Real Shopping Center dominate as major non-manufacturing employers. With significant amounts of undeveloped acreage designated for commercial and industrial development, it is expected that opportunities for employment will only increase. Currently, the City, with its major employment centers and access to major transportation corridors such as Interstate 5 and State Highway 78, has been one of the fastest growing employment centers in the San Diego region. Many persons find that the careful planning of the city by its government has been the key to the preservation of a safe and prosperous environment in Carlsbad. The City's adherence to a growth management plan has effectively managed the residential and commercial growth and ensuring the development of a well balanced community. It is the great many attractive aspects of Carlsbad, such as its growth in employment opportunities, access to numerous educational, recreational and cultural facilities, and managed city growth, that has also contributed to the lack of affordable housing, particularly for lower-income households. The many appealing aspects of Carlsbad has attracted many affluent households to locate in Carlsbad. As shown in the 1990 U.S. Census data, the median annual household income for Carlsbad is $45,739. The 1999 Median Family Income for a family of four in San Diego County is $52,500. This demand for housing has been met by the residential development community as evidenced by the predominate construction of "move-upl' and luxury single family homes in Carlsbad. Such constraints as the City's coastal location and growth management plan 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. 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 its Housing Element and this Consolidated Plan to help achieve a balanced community with housing opportunities for all. b. DemographicsLow-income and RaciaVEthnic Concentrations Population and Minority Data. Table 1, "Race and Ethnicity of Population," provides 1990 U.S. Census data for the City of Carlsbad on the total population, and the numbers classified as White (Non-Hispanic), Black (Non-Hispanic), Hispanic (all races), Native American (Non-Hispanic), Asiaflacific Islander and Other (Non-Hispanic); It provides similar information fiom the 1980 U.S. Census. City of Cailsbad - Consolidated Strategy & Plan Section I. Community Profile Page 2 The 1990 population totals 63,126 persons, of which 82 percent are White, 1 percent are Black, 14 percent are Hispanic, less than 1 percent are Native American and Other, and 3 percent are AsianE'acific Islanders. Of the total 1990 population, 2 percent (1,423 persons) live in group quarters. Of those persons, 300 persons live in institutional quarters and 1,123 live in non-institutional quarters. Table 1: Race and Ethnicity of Population Population 1980 Census 1990 Census O/o Change I Data 1 Data White (nan-Hirpanic) 29,450 51,555 7 5 '/o (non-Hispanic) 213 702 230% Hispanic (all races) 4,790 8,700 82% Native American 53 205 287% Asian & Pacific Islands 984 1,964 100% &Others (oon-Hispanic) TOTAL POPULATION 37,470 ' I 63,126 I 68% HOUSEHOLD POPULATION I 13,510 I 24,988 I .85% NON-HOUSEHOLD POPULATION Source: 1990 U.S. Census From 1980 to 1990, the percentage of whites 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. Asiaflacific Islanders and Other, Blacks and Native Americans remained relatively constant as percentages of total population. Incomes and Income Definitions. Income is one of the most important characteristics defining housing need. It directly affects the range of housing available and influences the affordability of such housing. Housing also relates to housing tenure; as income increases, the ratio of home ownership tends to increase. 1990 Census data utilizes the following definitions for income categories. Very Low-Income Households: Households whose gross income is 50 percent or less of the area median family income. Low-Income Households: Households whose gross income is between 5 1 percent and 80 percent of the area median family income. .. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 3 Moderate-Income Household: Households whose gross income is between 81 percent and 95 percent of the area median family income. According to 1990 U.S. Census data, of the 24,988 households residing in the City of Carlsbad, 12 percent of the households are very low-income households. Another 12 percent of the households are classified as low-income households. A small percentage of Carlsbad households, 7 percent, are of moderate-income. The majority of Carlsbad households, 69 percent, earn incomes above 95 percent of the median family income. For a four person household in FY 1999, extremely low-income is estimated at $15,750 per year; low- income is estimated at $26,250 per year; and the moderate-income is estimated at $42,000. Income estimates for other household sizes are derived from the $52,500 median income for a four person household. Income bv RaceEthnicitv. As shown in Table 2, of all Carlsbad households, native american and hispanic households have the largest percentage of households who are of lower-income (0 to 80 percent of the MFI). The percentage of whites and asiadpacifk islanders who are of lower income is comparable to the average 24 percent of all Carlsbad households classified as lower-income. Very few black households, 5 . percent, are earning incomes in the lower income ranges. Nearly all of the 152 black households in Carlsbad, 95 percent, are earning above 95 percent of the median family income. The majority of white and asidpacific islanders households are also earning above 95 percent of the MFI. Table 2: Race, Ethnicity and Income of Households Race and Ethnicity Income 010 Very O/O of Total Total Households Low Households (1990) (0-50% MFI) white (non-Hispanic) 0 o/o 1 o/o 152 B1 a (non-Hispanic) 1 1 o/o 8 9 O/o 22,125 Hispanic 3 0 O/o 1 o/o 169 Native American 2 1 o/o 7 '/o 1,868 (non-Hispanic) Asian & Pacific Islands 1 3 O/o 3 o/o 674 &Others (non-Hispanic) ~~ "~~ TOTAL HOUSEHOLDS 12% lOO~/O 24,988 Source: 1990 U.S. Census O!O Low Above Moderate Income 010 010 (5140% M FI) MFI) (81 -95% MFI) (95%+ I~~~~~ 1 1 o/o 7 1 O/o 7 '/o 5 '10 3 7 O/o 1 6 O/O 1 7 O/o 45 O/o 1 1 o/o 2 3 O/o 9 5% 0 Yo 8 O/o 77 O/o 2% 12% 6 9 O/o 7 O/o City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 4 Concentrations of lower-income households. Federal regulations for the Community Development Block Grant (CDBG) program allow CDBG entitlement cities to undertake area benefit activities in any residential area where the proportion of low and moderate-income persons falls within the upper quartile (25 percent) of all areas within the community's jurisdiction in terms of the degree of concentration of low and moderate- income persons. As a Community Development Block Grant Entitlement City, Carlsbad census tracts by block group are considered low/moderate-income if 29.39 percent of the families in the census block have incomes below 80 percent of the San Diego County median income. Household income information was obtained from the 1990 Census. A small number of census tracts overlap with neighboring jurisdictions. AS shown in Figure 1, there are eleven low/moderate-income concentrated census blocks in Carlsbad (176.01 Block Group 3,178.05 Block Group 1, all of 179.00 and 180.00, 198.02 Block Group 7, and 200.12 Block Group 1). Census Tract 179.00 has the highest concentration oflow/moderate-income households in Carlsbad. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 5 Figure 1. City of Carlsbad Low/Moderate Income Census Tracts City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 6 Concentrations of racial/ethnic minoritv households. For purposes of this Consolidated Plan, a racial/ethnic concentration is defined as a census tract where the total minority population, as a percent of all households, exceeds 38 percent (10 percent hgher than the regional average). A moderate concentration is defined as a census tract where the minority population, as a percent of all households, exceeds 43 percent (25 percent higher than the regional average). A severe concentration is defined as a census tract where the minority population, as a percent of all households, exceeds 52 percent (50 percent higher than the regional average). According to the 1990 Census, the regional population averages for raciavethnic minority groups were 6 percent Black (Non-Hispanic), 7.4 percent Asidacific Islander (Non-Hispanic), 0.7 percent Native American (Non-Hispanic), 0.1 percent Other won-Hispanic) and 20.4 percent Hispanic. Therefore, the region's total minority population as a percent of total population is 34.6 percent. One census tract (176.01) in Carlsbad exceeds the regional average of raciaUminority groups but the number of minority households within this census tract (35.4 percent) does not meet the definition of a concentration for the purposes of this Consolidated Plan. As shown in Table 3, in the City of Carlsbad, there art two census tracts that have a concentration of minority households, when compared to the San Diego region as a whole. There is one census tract in the City (200.05) that has a moderately concentrated population of minority households and one census tract (179.00) that has a severely concentrated population of minority households. Census Tract 179.00 not only has the most severely concentrated population of minority households but also has the highest percentage of low/moderate-income households in Carlsbad, as discussed previously. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 7 Table 3: Ethnicity/Race of Population by Census Tract Zensus Ethnicity - As Percentag'e of Total Population Tract Population White I 1 Non,"anic 171.03 171.05 176.01 177.00 178.01 178.03 178.05 178.06 178.07 100.0 88.3 64.6 100.0 78.7 87.4 93.4 69.7 85.4 178.08 I 3,322 I 92.3 180.00 I 3,593 I 84.8 198.01 I 8,234 I 86.7 198.02 2,373 ,',.,. ;;; 200;0_5 78.6 56.3 32 200.121 . 9,7161 :::: 6,839 I 89.9 rOTAL 63,126 . . . . .. ..ij ... . . . . . - .~. 179.001 . ._.... 7,6221 ... 47.~ .. .. . .. .. 200.11 I Hispanic (%I 0 6.0 34.3 0 14.9 8.6 4.4 29.3 10.5 . .. 4.0 ., 48.6 11.6 8.4 19.6 - 43.8 5.2 6.5 13.8 Other Total Non-Hispanic Mi no ("/.I (%> .. 0.11 10.1 0 18.3 0.1 11.7 0 11.7 35.4 C 21.3 12.6 6.6 30.3 14.6 7.7 52.9 15.2 13.3 .. Source: 1990 U.S. Census In an analysis of each census tract, the 1990 U.S. Census data shows that the majority, if not all, of the minority households are Hispanic. For the three census tracts with concentrations of minority households, 91 to 100 percent of minority households are Hispanic. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 8 c. Employment Of the 5 1,013 persons 16 years of age or older in Carlsbad, 35,455 or 66 percent are employed in the armed forces or civilian work, according to the 1990 US. Census. Only 30 percent of those civilian employed are actually working within the City. Many persons are commuting to Carlsbad to work. The scarcity and affordability of housing may prevent them from living in Carlsbad. The 1990 Census further shows that the retail trade employs the highest percentage (1 6.4 percent) of these civilian workers. The finance, insurance, and real estate industry employs 1 1.4 percent of Carlsbad 'workers and the manufacturing (durable) industry employs.9.7 percent. 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. The 1990 Census indicates that the occupations with the highest percentage of Carlsbad workers are: 1) Executive, administrative, or managerial (20.4 percent); 2) Professional specialty (17.4 percent); and 3) Sales (16.8 percent). The major employment centers in Carlsbad continue to be in the regional shopping center (Plaza Camino Real) and the office industrial comdor that surrounds the Palomar-McClellan Airport. Major manufacturing employers in Carlsbad include Callaway/Odyssey Golf, Malleinckrodt Medical and Smith & . Nephew Donjoy. La Costa Hotel and Spa, Four Seasons Aviara, and Plaza Camino Real Shopping Center dominate as major non-manufacturing employers. With significant amounts of undeveloped acreage designated for commercial and industrial development, it is expected that opportunities for employment will only increase. Currently, the City, with its major employment centers and access to major transportation comdors such as Interstate 5 and State Highway 78, has been one of the fastest growing employment centers in the San Diego region. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 9 Figure 2. City Of Carlsbad Map CITY OF CARLSBAD \ City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 10 Figure 2: City of Carlsbad Census Tract Map City of Carlsbad - Consolidated Strategy& Plan Section I. Community Profile .. .. Page 11 2. Market and Inventory Conditions This section summarizes local housing market and inventory characteristics, including the supply and demand of housing, condition of housing stock, as well as information on the assisted andor public housing stock. It also Summarizes the facilities and services available for.homeless persons and other non-homeless persons with special needs. The market and inventory conditions of Carlsbad, as discussed below, will be further analyzed later in Section IIb of the Five-Year Strategy. The following general discussion of the size, distribution, condition, and cost of Carlsbad's housing inventory and the inventory of facilities and services available for homeless persons and other non-homeless persons with special needs provides the basis for the analysis used to determine the City's priorities for housing assistance and the strategies needed to meet such needs. a. General Market and Inventory (1) Supply of Housing Table 4, "Housing Stock Inventory," provides data for the City of Carlsbad on the total number of year- round housing units by occupancy status and housing condition. According to the 1990 U.S. Census, there are a total of 27,235 dwelling units, of which 92 percent are occupied and 8 percent are vacant. Of the 24,995 occupied units, 9,437 dwelling units (38 percent) are renter occupied. The remainder, 15,558 dwelling units (62 percent), are owner occupied units. Of the 2,240 vacant units, 793 (35 percent) are available for rent and 386 (1 7 percent) are available for sale. Table 4: Housing Stock Inventory CATEGORY TOTAL YEAR ROUND 3,491 9,930 13,814 27,235 HOUSING Source: 1990 U.S. Census 4 VACANCY City of Carlsbad - Consolidated Strategy & Pian Section I. Community Profile Page 12 Demand for all housing units, as measured by vacancy rates, varies by community. According to the 1990 Census, the vacancy rate for the City was 7.8 percent. Official state estimates from the San Diego Association of Governments effective on January 1, 1999 report a 8.22 vacancy rate The San Diego Apartment Association reports that the vacancy rates for apartments in 1999 were 2.9% in the San Diego region and .5% in the City of Carlsbad. Significant Market and Inventory Conditions. According to the 1990 U.S. Census data, the median value of owner occupied housing in Carlsbad at that time was $255,869 and nearly all (90 percent) owner occupied housing was valued at $150,000 or more. Approximately 52 percent of owner occupied housing was valued at $250,000 or more. The median value of owner occupied housing for San Diego County was $186,700 and 70 percent of owner occupied housing was valued at $150,000 or more. The California Association of Realtors estimates that only 21 percent of all households in the San Diego region could afford to buy the median priced home in 1990. That estimate has increased to 29 percent as of August of 1999. According to a July 1999 survey conducted by the San Diego Union Tribune, the median price of 97 single family homes sold in Carlsbad was $322,000, and the median price of 88 condominiums sold was $180,000. For the San Diego Region, the median price of single family homes in July of 1999 was $217,000 and $138,000 for condominiums. The 1990 U.S. Census data also shows the median contract rent for renter occupied units in Carlsbad was $7 1 1. The majority of renter occupied units (69 percent) were rented for $600 or more a month. For San Diego County, the median contract rent was $564 and only 41 percent were rented for $600 per month or more. According to a spring 1998 survey by the San Diego County Apartment Association, average rents in Carlsbad ranged from $480 for a studio unit to $2,500 for a 3 bedroom unit. The same survey found overall average rents in San Diego County to range from $448 for studio units to $916 for 3 bedroom units. The vacancy factor for the total units surveyed in San Diego County market region was 2.9 percent. The vacancy factor in Carlsbad is approximately .5 percent, which is one of the lowest in the County. (2) Condition of Housing Stock According to the 1990 Census, of the total housing stock which is either occupied or available for rent or sale, only 27 units are "needing rehabilitation", as defined by the lack of complete plumbing facilities. The lack of complete plumbing facilities is used as an indicator of substandard conditions because no other data is available to determine the number of units that are in substandard conditions. The lack of complete plumbing facilities is only one indicator of substandard conditions, as defined by the Section 8 Housing Quality Standards. It is estimated that there are many more units that are in substandard condition due to other problems such as repairs needed to the roof, foundation, or electrical wiring. Of the units determined to be in need of rehabilitation, due to plumbing deficiencies, 24 or.89 percent are rental units and 3 units are owner occupied. According to the definition of suitable for rehabilitation and not suitable for rehabilitation used by the County of San Diego's Residential Rehabilitation program, all of the units are suitable for rehabilitation. Typically, dwelling units in need of rehabilitation are only considered not suitable for rehabilitation if such rehabilitation needs are cosmetic only and do not have at least one incipient health and .safety or building code violation. The County of San Diego estimates that only 1 to 2 percent of dwelling units needing rehabilitation could be characterized as not suitable for rehabilitation. City of Carisbad - Consolidated Strategy & Plan Section I. Community Profile Page 13 (3) Unit Appropriateness There are a number of units in Carlsbad that are suitable for occupancy by elderly families, disabled families, and families with children. Since September 15, 1984, the California Building, Plumbing and Electrical Codes (Title 24, California Code of Regulations) requires minimum adaptations for newly constructed, privately-funded apartment buildings having three or more units, condominium buildings containing four or more dwelling units, and privately-funded shelters for homeless persons. These regulations allow for the adaptability and accessibility of dwelling units by persons with mobility or sensory impairments, including many elderly persons. In addition, Carlsbad has a Senior Housing ordinance that permits a density bonus for senior citizen housing projects. Families with children usually require units with two or more bedrooms, particularly three or more bedrooms. The 1990 Census indicates that there are 9,930 two bedroom units and 13,814 three bedroom or more units in Carlsbad. Approximately 5 1 percent of the total number of units in Carlsbad are three or more bedroom units. Many of the two bedroom units (50 percent) are rental units. However, only 17 percent of the three bedroom units in Carlsbad are rental units. Three bedroom units are not common in most rental markets for any income range. (4) Environmental Quality A housing related environmental concern is the hazard of lead based paint poisoning. In 1978, legislation was adopted that banned the use of lead based residential paint due to the adverse human health effects of lead. Therefore, it can be assumed that dwelling units built prior to 1980, are more likely to contain lead based paint hazards. As required by Section 1004 of the Residential Lead Based Paint Hazard Reduction Act of 1992, the City of Carlsbad has estimated the number of dwelling units occupied by very low and low-income households that may contain lead based paint hazards. This estimate was derived by using the 1990 U.S. Census data for dwelling units built prior to 1980 and the national average for the percentage of units containing lead based paint hazards. Nationally, the percentage of units containing lead based paint hazards is as follows: 1) 62 percent of dwelling units built between 1960 to 1979, 2) 80 percent of dwelling units built between 1940 to 1959, and 3) 90 percent of dwelling units built prior to 1940. In the City of Carlsbad, there are a total of 12,729 dwelling units built prior to 1980 and may contain lead based paint hazards. It is estimated that 1,770 of the total 12,729 dwelling units (14 percent) are occupied by lower-income households. Of the dwelling units occupied by lower-income households, 81 percent are occupied by low-income households and 19 percent are occupied by very low-income households (see Table 5). The greater the percentage of such housing being occupied by lower-income households, the greater possibility of lead-based paint hazards. The financial conditions of lower-income households, particularly very low-income households, are barriers to maintaining the housing in decent condition. The result is often deteriorated housing and greater lead-based paint hazards. As shown in Table 5, approximately, 85 percent of the units estimated are renter occupied and 15 percent are ownef occupied. Communities with a large percentage of the estimated dwelling units being rented, such as Carlsbad, have. a higher rate of lead poisoning than similar communities with a larger percentage of owner occupied units. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 14 Table 5: Estimated Number of Units Occupied by Lower-Income Households With Lead Based Paint Hazards Occupancy Status TOTAL Source: 1990 U.S. Census As shown in Table 6 below, census tracts 178.03, 179.00, and 200.12 have the highest risk of lead based paint hazards as indicated by the age of the structure. Approximately 15 percent of the housing units identified with possible lead based paint hazards are located in these three census tracts. Census tract 179.00 is the highest at risk. It is estimated that this census tract contains the largest concentration (61 percent) of lower-income households in Caflsbad. According to the San Diego County Assessor's Office, 54 percent of the parcels in census tract 179.00 are not occupied by the owner and are considered rental properties. As discussed earlier, both lower-income households and renter occupied dwelling units are at greater risk of containing lead based paint hazards. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 15 Table 6: Estimated Number of Units With Lead Based Paint Hazards by Census Tract I Census 1 UNITS BUILT PRIOR TO 1980 I Tract - 1939 or Earlier Units Total Hazard Units w/Lead 171.05 176.01 0 0 ;' 61 68 ' lj8.03 65 72 178.01 0 0 177.00 0 0 . . .. , 178.05 I 0 I 0 I I 178.06 0 0 200.11 0 0 200.05 0 0 198.02 0 0 198.01 66 73 180.00 . 133 148 179.00 0 0 178.08 0 0 178.07 0 0 .. . '2oO.'i2 .o 0' TOTAL 325 361 - 194c - Total Units - 0 0 0 437 ,319 116 0 16 0 ,533. 47 1 42 0 6 13 0 1,953 -~ - 1959 1960 - 1979 I Units Units Total w/Lead Total w/Lead Total Units Hazard Units Hazard Units w/Lead Hazards 0 14 9 14 9 0 39 24 39 24 0 10 6 10 6 Source: 1990 U.S. Census While there are a significant number of dwelling units built prior to 1979 which could possibly contain lead based paint hazards, according to the County of San Diego Health Services Epidemiology Department, there have been four cases of lead poisoning from paint sources in Carlsbad between 1993 and 1999. City of Carlsbad - Consolidated Strategy.& Plan Section I. Community Profile Page 16 (5) Impediments/Opportunities Potential constraints on the maintenance, improvement, or development of housing is discussed in two contexts: governmental and non-governmental. These constraints and mitigating opportunities are discussed in more detail in Section Three of the Carlsbad Housing Element, included as Appendix B to this Consolidated Plan. Governmental constraints include Article 34 of the California Constitution, land use controls, building codes, site improvements, development fees, and processing and permit procedures. These constraints can be mitigated by the City through a variety of means, including: designation of large amounts of land for all types of residential development, particularly high density residential development, waiving or subsidizing development fees for affordable housing, modifying design standards and expedited permit processing. Non-governmental constraints include land costs, construction costs, and financing. All three of these costs tend to be determined at the regional, state and national levels by a variety of private and public actors. Local jurisdictions, therefore, often have little influence or control over these cost constraints. In recent years, lower 'interest rates have made property purchases and rehabilitation financing more affordable; thereby providing opportunities for new home ownership and maintenance and improvements on existing residential units. b. Assisted Housing Inventory (1) Public Housing The City of Carlsbad Redevelopment Agency purchased a 75 unit senior apartment facility in 1999. A majority of residents in the apartments participate in the Section 8 CertificateNoucher Program. The City does not anticipate the loss of rental housing from the assisted housing inventory through public housing demolition or conversion to home ownership during the time frame of this Consolidated Plan. (2) Section 8 The City of Carlsbad provides tenant-based assistance through the Section 8 CertificateNoucher program and has 503 such certificates/vouchers to assist very low-income renter households. The City does not have any project based tenant assistance program. Therefore, the City does not anticipate the loss of rental housing from the assisted housing inventory through public housing demolition or conversion to home ownership during the time frame of this Consolidated Plan. (3) Other An additional 297 units are assisted through non-federally assisted housing programs such as mortgage revenue bonds, City senior housing ordinance and density bonuses. The City of Carlsbad does not anticipate the loss of rental housing from the assisted housing inventory through public housing demolition or conversion to home ownership during the time frame of this Consolidated Plan, C. Inventory of Facilities and Services for the Homeless. and Persons Threatened with Homelessness The narrative for this section is reflective of the homeless facilities and services currently operating in'the City of Carlsbad or providing services to Carlsbad residents. As the homeless population is a regional issue and not confined to the boundaries of one city in particular, many organizations located in other cities offer shelter and services for Carlsbad's homeless population, as well as the homeless in the entire region. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 17 (1) Emergency Shelters and Transitional Housing Facilities Catholic Charities and Caring Residents of Carlsbad operate La Posada de Guadalupe, a homeless shelter in Carlsbad. This shelter provides 50 beds for homeless males, with many being farm workers and day laborers, for a maximum of 90 days. La Posada de Guadalupe is strategically located near the center of the City, close to employment centers, and mass transportation. This project is funded in part with Community Development Block Grant funds. As the homeless population is a regional issue and not confined to the boundaries of one city in particular, many organizations located in other cities offer shelter for the homeless population currently residing in Carlsbad, as well as the homeless in the entire region. A list of such organizations is listed in Table 7. During the five-year period covered by this document, some of the shelters or facilities identified below may cease operation, change the scope of their services provided, or change locations. Many shelters and facilities providing services to the homeless population and others in need have limited financial resources and rely heavily upon volunteers. Such circumstances do not ensure the permanency of organizations or agencies providing services to the homeless and others threatened with homelessness nor do they ensure the scope of services offered. In addition, during the five year period covered by this document, other shelters or facilities may be come into operation that provide the needed services and facilities for the homeless and others threatened with homelessness. Citv of Carlsbad - Consolidated Stratem & Plan Section I. Community Profde Page 18 Table 7: Shelters for the Homeless Serving San Diego - North County Coastal AGENCIES PROGRAM TARGET SPECIAL BED CITY NAME POPULATION NEEDS SPACES DAY SHELTER Brother Benno Brother General General Foundation Benno Population Homeless Oceanside Episcopal Community Safe Havens Adult.Men SMI/Subs. Oceanside Services and/or Women Abuse E.Y.E Options-Day Family w/ Substance Oceanside Treatment Children Abuse M.1.T.E Regional General SMI/Subs. Oceanside Recovery Population Abuse Center M.I.TE. Center Sobering General Substance Oceanside Service Population Abuse Brother Benno Foundation Community Research Foundation Community Resource Center M.I.TE. Women’s Resource Center EMERGENCY SHELTER Good Adult Men Only General 12 Samaritan Homeless Turning Men and Severely 5 Point Crisis Women Mentally Center I11 Li bre! Women with Victims of 10 Services for Children Domestic Women and Violence Children North County 6 Alcohol/ Adult Men and Drug Women Detox Abuse Women’s Adult Women Victims of Domestic Only . Reso u rce 26 Center Violence Oceanside Oceanside Encinitas Oceanside Oceanside PERMANENT SUPPORTIVE HOUSING Case de Amparo Shelter for Violence Children Domestic Abused Oceanside 25 Victims of Homeless Youth community Housing Marisol General HIV/AIDS 28 Population Apartments of North County Oceanside .. SEASONAL EMERGENCY SHELTER Solutions for Change Vista 65 General General Vista Winter Shelter Population Polulation Ecumenical Council of Polulation Population Shelter -NC SD County Regional 12 General General Rotational City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 19 AGENCIES PROGRAM TARGET SPECIAL BED CITY NAME POPULATION NEEDS SPACES Alpha Project Brother Benno’s Brother Benno’s Brother Benno’s Community Housing of North County Catholic Charities Episcopal Community Services E.Y.E. E.Y.E. Women’s Resource Center YMCA ~~ 1 Casa Raphael House of James and John House of Brother Benno’s House of Dorothy, Barbara and Rosemary Centro La Posada de Guadalupe Safe Havens Family Resource Center Transitional House Transition House Oz North Coast ANSITIONALSHELTER Adult Men Only Adult Men Only General General Homeless Homeless Adult Men Only General Homeless Adult Women Substance Adult Men Only General Families with Recovery General Only Abuse Children Homeless Homeless Adult Men and General Women Abuse Children Substance Women with Homeless Treatment Families with General Children Homeless Women with Domestic Children Homeless General Homeless Youth Violence 1 TOTAL BEDS I I I 90 12 9 6 70 50 12 90 24 61 10 623 d i Vista Oceanside I Oceanside Vista Carlsbad Oceanisde Oceanside Oceanside Oceanside Oceanside Definitions: Day Shelter A facility with daytime support services in a safe environment that often includes showers, storage, Emergency Shelter Basic, temporary overnight sleeping accommodations. Sometimes includes a meal. Perm Support Housing Permanent housing where persons need supportive services (e.g. - child care) to maintain their permanency. Seasonal Emergency Shelter A program which provides shelter and support services during a limited portion of late Fall and Winter Transitional Housing Temporary housing and support services to return people to independent living as soon as possible, and not messages, and laundry services. months. longer than 24 months. Source: Regional Task Force on the Homeless 1999 Homeless Services Profile City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 20 (2) Day Shelters, Soup Kitchens and Other Facilities The City of Carlsbad currently has a number of churches that provide food, clothing, emergency shelter and transportation to the homeless. In addition, many of the churches also refer the homeless, as well as those in need of assistance, to the Community Resource Center in Encinitas, La Posada de Guadalupe shelter for men in Carlsbad, Brother Benno in Oceanside, and other service providers. During the five year period covered by this document, some of the churches identified below may cease operation of outreach programs to the homeless and others threatened with homeless or may change the scope of their services provided. Many churches providing services to the homeless population and others in need have limited financial resources and rely heavily upon volunteers. Such circumstances do not ensure the permanency of programs providing the homeless and others in need with food, clothing or shelter nor do such circumstances ensure the continued scope of services offered. In addition, other community outreach programs providing food, clothing, emergency shelter and transportation to the homeless and others in need of assistance may come into operation during the five year period covered by this document. Table 8: Homeless Services by City Churches St. Patrick's Church in need of Source: City of Carlsbad Housing and Redevelopment Department As the homeless population is a regional issue and not confined to the boundaries of one city in particular, many organizations located in other cities offer services for the homeless population in Carlsbad and other Carlsbad residents in need of assistance, as well as the homeless in the entire region. A list of such organizations is listed in Table 9. During the five-year period covered by this document, some of the organizations or agencies identified below may cease operation, change the scope of their services provided, or change locations. Many organizations or agencies providing services to the homeless population and others threatened with homelessness have limited financial resources and rely heavily upon volunteers. Such circumstances do not ensure the permanency of organizations, agencies, or programs providing food, clothing, or shelter assistance to the homeless and others in need of assistance nor do they ensure the continued scope of services provided. .In addition, other organizations, agencies or programs providing services to the homeless and others threatened with homelessness may come into existence during the five-year period covered by this Consolidated Plan. City of Carlsbad - Consolidated Strategy 8z Plan Section I. Community Profile Page 21 Table 9: Regional Homeless Programs and Se.wices Brother Temporary bed and board for Brother Transitional shelter for men. Benno’s/House of Services and transitional shelter for Foundation emergency shelter for the I14 day maximum stay. LOCATION OF ORGANIZATION Carlsbad ~ ~~ Carlsbad Carlsbad Encinitas Encinitas Oceanside Oceanside Oceanside Oceanside Oceanside HOMELESS POPULATION SERVED Males All Women AI I Women and Children AI I AI I Males Men AI I AI I City of Carlsbad - Consolidated Strategy & Plan ’ Section I. Community Profile Page 22 ORGANIZATION Community Housing of North County Community Housing of North County Casa de Amparo E.Y.E/Family Recovery Center E.Y.E/Transitional House E.Y.E/Options Day Treatment M.I.T.E. - Sobering Services Center M.I.T.E. - North County Detox M.I.T.E. -- North County Regional Recovery Center North Coastal Service Center The Salvation Army Corps and Community Center/Social Services M.I.T.E/No County Detox North County Health Services TYPE OF SERVICE LOCATION OF ORGANIZATION Marisol Apartments - Permanent support housing for those with Oceanside 28. HIV/AIDS needs. Capacity for Centro - Transitional shelter for Oceanside up to 20 families with total capacity for 70 persons with a 24 month maximum stay. Emergency Shelter and day Oceanside treatment for children in crisis and their families. Transitional housing for women Oceanside and children dealing with substance abuse or domestic violence. Transitional housing for women Oceanside and children. Day shelter for families with Oceanside children who need substance abuse treatment. Day shelter for those needing Oceanside substance abuse treatment with 24 hr. max. stay. Emergency shelter for those Oceanside needing substance abuse treatment. Capacity for 6 'persons with a 10 day maximum stay. Day shelter for those with Oceanside substance abuse treatment needs. Child care available. Zase management and other Oceanside homeless services. Food, clothing, shelter referrals, Oceanside 3us passes when available, and Droblem solving. Zmergency shelter for those with 3lcohol or drug addictions. Oceanside Oceanside 3utpatient health care. HOMELESS POPULATION SERVED All AI I Children Families w/Children Women w/Children Families w/Children Men and Women AI I All All All Men and women All t I I ity of Carlsbad - Consolidated Strategy & Plan xtion I. Community Profde Page 23 ORGANIZATION Women's Resource Center YMCA - OZ North Coast Casa Raphael Lifeline Community Services Vista Community Clinic Vista Community Clinic Migrant Services Vista Community Clinic Tri-City Clinic Vista Emergency Shelter TYPE OF SERVICE LOCATION OF POPULATION ORGANIZATION HOMELESS SERVED Emergency shelter, food, housing and employment. parenting advocacy, and locating children individual and group counseling, Women and Oceanside Temporary shelter to house Oceanside Youths runaways, counseling, and foster home placement Short term shelter for men Vista Males Case management services. Vista AI I Emergency food and clothing. Shared housing. Outpatient health care. Vista AI I Outpatient health care. Farm workers Vista and day laborers Outpatient health care. AI I Vista Emergency shelter open to weather. homeless during inclement All Vista Source: Regional Taskforce on the Homeless 1999 Homeless Services Profile (3) Voucher Programs Facilities offering voucher programs are listed in Table 9 above. (4) Social Service Programs for the Homeless Facilities offering social service programs are listed in Table 9 above. (5) Homeless Prevention Programs and Services The City continues to provide CDBG funds for a homeless prevention program operated by the Community Resource Center. The organization operates from an office located in Encinitas. The program offers assistance to persons who are "near homeless" through coordination of available services and financial resources and counseling in such matters as financial management and family support. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 24 For those persons or households who may be threatened with homelessness due to financial difficulties, Consumer Credit Counselors of San Diego is a non-profit organization that helps persons or households in financial difficulties. A San Diego North County Coastal office is ‘located in Vista. They provide educational classes teaching the wise use of credit and money management, and using community resources, counseling, and debt management programs for those who want to avoid bankruptcy. d. Inventory of Supportive Housing for Non-Homeless Persons with The narrative for this section is reflective of the supportive housing, facilities, and services currently operating in Carlsbad or available to its residents. Special Needs (1) Elderly and Frail Elderly A wide variety of facilities and services are presently available to serve the elderly population. Facilities for the elderly include licensed long-term care facilities, intermediate care facilities, unassisted living facilities, and senior centers through both the public and private sectors. Among services for the elderly are: adult day care, basic needs and resources (help for those temporarily unable to help themselves), crimehictim and legal services, education services, employment and training, emergency services, financial aid and benefits, health information, health services (in-patient and out- patient), housing services, in-home services, mental health services, protective and placement services, substance abuse services, and transportation services. The majority of elderly in the City of Carlsbad have access to these programs which operate either in the City or in neighboring jurisdictions. Supportive services for households of the elderly and frail elderly are provided, in part, by the North County Council on Aging. The major goals of the organization is to secure maximum independence for the elderly, to prevent unnecessary institutionalization, to reduce isolation and loneliness, to improve health and well being, and to assist the vulnerable or frail elderly. Within Carlsbad, there are five apartment complexes that provide independent living for the elderly and frail elderly, with a total of 229 housing units. There are also four residential care facilities for the elderly . and the frail elderly. Regionwide, facilities for the mentally disabled include hospitals, medical centers, outpatient clinics, mental health centers, counseling and treatment centers, socialization centers, residential facilities for children, crisis centers, and adolescent and adult day treatment offices., (2) Mentally Disabled Services available regionwide through the County Mental Health Services (SDMHS) and its contracting agencies include: screening and emergency, in-patient, partial day treatment, 24-hour residential treatment, out-patient, case management, and homeless outreach. At present, there is a limited range of community-based rehabilitative and supportive housing options for persons not in crisis who need living accommodations. Current SDMHS housing resources for the region include the Supplemental Rate Program (providing board and care with supplemental service), Long tedransitional Residential Program (group living with supportive services beds), and Semi-supervised Living Program (transitional living fiom the streets to group housing). City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 25 An additional resource outside the SDMHS system that is potentially available for referrals is Community Care Network (board and care). (3) Developmentally Disabled The San Diego Regional Center for the Developmentally Disabled is an information clearinghouse and provider of services for developmentally disabled persons. It is responsible for providing diagnostic counseling and coordination services. Regional centers serve as a focal point within the community through which persons with developmental disabilities and their families receive comprehensive services. The San Diego Regional Center is responsible for providing preventive services, including genetic counseling to persons who have or may be at risk of having a child with a developmental disability. They are also responsible for planning and developing services for persons with developmental disabilities to ensure that a full continuum of services are available. (4) Physically Disabled Persons The majority of the supportive services and housing assistance for physically disabled person are provided through non-profit organizations. The primary provider is the Access Center of San Diego, which help provide for independence, dignity and access to physically disabled persons. The Access Center provides the following services: Intake and Referral services are set up to meet individual's needs and to seek appropriate services from the Access Center or from other community agencies; Personal Assistance helps disabled indiyiduals to obtain personal care attendants or homemakers, thus enabling them to live independently in their homes; Housing Referral assists individuals to obtain accessible andor appropriate housing that meets their individual needs; Benefits Counseling helps disabled individuals apply for public benefits to which they may be entitled, such as Supplemental Security Income (SSI), Medicare and Medi-Cal; Employment Services are provided through the Job Club that focuses on pre-employment preparation skills; Community Living Program offers case management services to help individuals move out of institutional environments; Peer Counseling furnishes services and opportunities for social contact and involves areas such as individual, marital, family and sexual counseling; Public Relations and Development provides public information to the community, manages public relations events, produces fund development special projects, supervises volunteer coordination and membership recruitment. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 26 (5) Persons with HIV Infection and with AIDS Residential facilities available regionally include 5 facilities for persons with AIDS containing 50 beds, 6 'hospices with 51 beds, and 1 slulled nursing facility. These facilities serve AIDS patients exclusively or in conjunction with other segments of the population. AIDS services are funded by the County of San Diego Department of Health Services through Title I of the Comprehensive AIDS Resources Emergency (CARE) Act of 1990, and include primary health care, mental health counseling, in-home care and treatment services, dental, case management, recreatiodsocial, outreach and education and transportation services. The following organizations also provide services for persons infected with HJV and AlDS in San Diego county: Office of AIDS Coordination, San Diego County Department of Health Services 0 American Red Cross 0 Community Housing of North County B. Needs Assessment This part summarizes available data on the most significant current housing needs of very low-income, low- income and moderate-income families and projects those needs over the five year Consolidated Plan period, July 2000 to September 2005. This part also summarizes the most significant current supportive housing needs of homeless persons and non-homeless persons with special needs. The needs of the different income groups, homeless persons, and non-homeless persons with special needs residing in Carlsbad will be analyzed in greater detail later in Section IrO of the Five-Year Strategy. The following general discussion of the need for affordable housing, housing of appropriate size, and rental versus for-sale housing for Carlsbad residents by income group and tenure provides the basis for the analysis used to determine the City's priorities for housing assistance and the strategies needed to meet such needs. 1. Current EstimateEive-Year Projections Current estimates. Table 10, "Housing Assistance Needs of Low and Moderate-Income Households", provides 1990 Census data for the City of Carlsbad on housing needs of households of very low-income (0 to 50 percent of county median income), other low-income (51 to 80 percent of county median income), and moderate-income (81 to 95 percent of county median income). The housing needs of the various income groups are further analyzed by household characteristics (elderly or non-elderly small and large family) and by occupancy status (renter or owner occupied). These housing needs are also evaluated by incidences of a housing problem, housing cost burden, severe housing cost burden, overcrowding, and the disproportionate need of raciayethnic groups. For the purpose of the Consolidated Plan, a housing problem includes occupancy of a unit with physical defects, an overcrowded living situation, or a cost burden of greater than 30 percent. A housing cost burden is defined as paying more than 30 percent of the household income for housing costs. Severe housing cost burden is further defined as paying more than 50 percent of the household income towards housing costs. Overcrowding is defined as more than one person per room. A disproportionate need is considered to be any need that is lower or higher than five percentage points of the need demonstrated for the same income category, family type, or tenure type. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 27 1 L m h s h a L Q, 5 a 0 - - L - a5 0 m d- h s In h s or l-l - s 7-l or s 0 0 rl rl 0 a - x W Lu L E! I I a. Very Low-Income Overall, 1990 Census data indicates that very low-income households account for 2 1 percent of the 9,239 total number of renter households. The majority of all very low-income households, 62 percent (1,879 households), rent rather than own their home. Of the very low-income renter households, 86 percent are experiencing a housing problem and 83 percent of the households are facing a cost burden of paying more than 30 percent of their income towards housing rents. A great majority of those households facing a housing cost burden, 84 percent, are actually facing a severe cost burden of paying more than 50 percent of their income towards housing costs. Of all very low-income renters, 590 households (31 percent) are elderly one or two member households. In comparison to the overall very low-income renter population, elderly very low-income households are experiencing relatively the same housing cost burden problems. There are 63 1 very low-income renter households categorized as small related households (34 percent of all very low-income renters). In comparison to the overall very low-income renter population, small related households are experiencing relatively the same housing cost burden problems. There are 179 very low-income households categorized as large related households (10 percent of all very low-income renters). In comparison to the total renter population in all income groups, large related households earning between 0 to 30 percent of the median family income (extremely low-income) are experiencing the greatest housing problems with all 39 households experiencing some type of housing problem and paying more than 50 percent of their income for housing costs. Of the 179 very low-income households, 86 percent (155 households) are facing a housing cost burden and 53 percent of the 155 households are actually facing a severe housing cost burden. According to the 1990 Census as shown in Table 11 , of all renter households, 7.7 percent live in overcrowded conditions. For very low-income renter households, the incidence of overcrowding is greater, 17.9 percent of these very low-income households. When comparing very low-income large related households with total large related households, the majority (85.3 percent) face overcrowding while only half of the total large related renter households are in overcrowded living situations. City of Carlsbad - Consolidated Strategy & Pian Section I - Community Profile Page 30 Table 11: Percentage of Income Group by Tenure Experiencing Overcrowding Renters Income Group Large Renters Extremely Low-Income 77.7% 15.6% Low-Income 57.1% 14.1% Very Low-Income 28.2% 3.8% (51 to 80% MFI) Total Households 7.7% 52.2% . (0 to 30% MFI) (31 to 50% MFI) Source: 1990 U.S. Census Owners AI I Elderly Other than Owners Owners 0.0% 0.0% 0.6% 1.4% 2.0% 4.4% 1.0% 1.3% City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile .. Page 31 .. The following table represents the housing needs of very low-income minority headed renter households in comparison to the housing needs of all households within the same income category. Table 12: Comparison of Very Low-Income Renter Households by Race/Ethnicity RENTERS TYPE OF HOUSEHOLD All All Minority Black Hispanic Households Headed Households Households Total of All Households 100~!0 0% 9 6 O/o 95% With Any Housing Problem 1 7 O/o 0 O?O 15% lOO!O Very Low-Income Households to 30% of MFI) 7 4 O/o 0 O!O 7 5 O/o 77% With Any Housing Problem (0 1 1 O!o 0% lOO/O lOO!O Extremely Low-Income Households 1,264 90 1,659 9,239 (0 to 30% of MFI) (31 to 50% of MFI) (31 to 50% of MFI) Elderly Households 10 0% ,O%o 9 3 O/o 9 4 O/o With Any Housing Problem 3 2% 0 010 3 4 O/o 10~?0 Large Related Households 9 4 O/o 0 O/O 94% 9 0% With Any Housing Problem 4 9 O/o 0 010 4 6 O/o 34% Small related Households 7 1 o/o 0 O!o 71% 8 2 O/O With Any Housing Problem 8 O/o 0 Yo 7 O/o 3 1 O!o Source: 1990 U.S. Census In the above comparison of very low-income renter households by race/ethnicity, minority headed renter households are more likely to be very low-income households than the general renter household. Approximately 25 percent of all minority headed renter households and 28 percent of all Hispanic households are of very low-income in comparison to the 20 percent of all renter households who are of very low-income. The same percentages of all households, all minority headed, and Hispanic households are .experiencing some type of housing problems. However, all Hispanic households with incomes between 3 1 to 51 percent of the median family income are facing some type of housing problem. A significant number of the total very low-income renter households are elderly households. Very few of the all minority headed and Hispanic households are categorized as elderly households, 7 percent and 8 percent respectively. While. 82 percent of elderly households overall experienced a housing problem, only 71 percent of all minority headed and Hispanic households faced a housing problem. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 32 Very low-income minority headed renter households have more households categorized as small and large related than very low-income renter households in general. However, the number of all minority headed households and all Hispanic households experiencing housing problems is relatively the same as those small and large related households in general, with the exception of large related Hispanic households. All large related Hispanic households are experiencing a housing problem. (6) Homeowners Data from the 1990 Census indicates that only 7 percent of the 15,749 total households who own their home are of very low-income. However, of all very low-income households, approximately 38 percent (1,172 households) are residing in a dwelling unit that they own. The large percentage of low-income households owning their home may be attributable to the large percentage (60 percent) of very low- income households who are elderly. Typically, these homes may have been purchased years ago when housing prices where lower and their incomes were significantly higher to be able to afford a home. Of the total very low-income owner households, 64 percent of these households are experiencing some type of housing problem and a cost burden regarding housing costs. Of those paying more than 30 percent of their income for housing rents, 74 percent of those households are paying more than 50 percent of their income towards housing rents. According to the 1990 U.S. Census, 705 households of all very low-income homeowners are elderly one or two member households. In comparison to the total very low-income homeowner population, elderly households are experiencing a relatively lower percentage of housing cost burden problems. For elderly homeowners, 58 percent are experiencing a housing problem. In all instances, a housing cost burden is one of the housing problems being experienced. Many of those elderly homeowners with incomes at or below 30 percent of the median family income (85 percent) are facing a severe housing cost burden. Table 11 shows that of the total very low-income owner households, other than elderly households, 0.6 percent live in overcrowded conditions. For the very low-income households who own their home, the incidence of overcrowding is similar to the incidence of overcrowding for the total homeowner population, 1 percent. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 33 The following table represents the housing needs of low-income minority headed renter households in comparison to the housing needs of all households within the same income category. Table 14: Comparison of Low-Income Renter Households by Race/Ethnicity RENTERS CHARACTERISTIC Total No. of Households 9239 1659 90 Low-Income Households 19% 24% 9 ?Lo With Any Housing 8 9 O/o 9 3 O/o 100% Problem Hispanic Households Source: 1990 U.S. Census In the above comparison of low-income renter households by race/ethnicity, there is a disproportionate number of minority headed renter households who are of low-income. Only 1 9 percent of the total renter households are low-income while 28 percent of Hispanic renters and 9 percent of black renters are of low-income. More black and Hispanic renter households in the low-income category seem to have a housing problem than low-income renter households overall. (2) Homeowners The 1990 Census indicates that only 7 percent of the 15,749 total households who own their home are of low-income. However, of all low-income households, approximately 40 percent (1,165 households) of low-income households are residing in a dwelling unit that they own. The large percentage of low- income households owning their home may be attributable to the large percentage (56 percent) of low- income households who are elderly. Typically, these homes may have been purchased years ago when housing prices where lower and their incomes were significantly higher to be able to afford a home. The percentage of low-income homeowners who are experiencing some type of housing problem is 42 percent; Housing cost burdens affects 41 percent of these households. For those households experiencing some housing cost burden, 50 percent are actually facing a severe housing cost burden. Elderly low-income households d3 not experience the same proportion of housing problems as do other low-income households. Only 29 percent of elderly low-income households face any housing problem and a cost burden of paying more than 30 percent of their income for housing expenses. In very few cases, 3 1 percent of the households, such households are dealing with a severe housing cost burden. The relatively few instances of housing cost burden problems for elderly households may be explained by the lower purchase price of a home bought by an elderly household years ago. According to the 1990 Census as shown in Table 11, of the total owner households, other than elderly households, 1.3 percent live in overcrowded conditions. For low-income households who own their home, the incidence of.overcrowding is much greater, 4.4 percent of the households. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 36 The following table represents the 'housing needs of low-income minority headed households who own their home in comparison to the housing needs of all households within the same income category. Table 15: Comparison of Low-Income Owner Households by Race/Ethnicity OWNERS CHARACTERISTIC Households, Low-Income With Any Housing 4 2 O/o Problem All Minority Black Hispanic Households (Non-HisPanic) Headed Households Households 10% 14% 28% 2 1 o/o Source: 1990 U.S. Census In the above comparison, a greater percentage of minority homeowners are low-income than all households in general. Fewer all minority headed and Hispanic households in the low-income category seem to have a housing problem than low-income households overall. C. Moderate-Income (1) Renter Households According to the 1990 Census, the majority of moderate-income households, 50 percent (874 households), are renters. However, moderate-income households represent only 10 percent (964 households) of the 9,239 total number of renter households. Of the moderate-income renter households, 63 percent of these households are experiencing some type of housing problem and 54 percent are paying more than 30 percent of their income towards housing rents. Unlike very low and low-income renters, a smaller portion of the moderate-income households are paying 'more than 50 percent of their income towards housing rents. Of those moderate-income households suffering from a housing cost burden, only 13 percent of those households are facing a severe housing cost burden. Of all moderate-income renters, 58 households (7 percent) are elderly one or two member households. Typically, elderly persons are retired persons with fixed incomes. Therefore, the number of elderly households that can be categorized as moderate-income is relatively low in comparison to those elderly households who are categorized as lower-income. In comparison to the overall moderate-income renter population, there are a greater portion of elderly moderate-income households experiencing some type of housing problem. All the elderly households ryorie:; some type of housing problem and a housing cost burden. However, only 12 percent of these elderly households are experiencing a severe cost burden of paying more than 50 percent of their income towards housing rents. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 37 Of all moderate-income renters, 402 households (46 percent) are small related households. In comparison to the overall moderate-income renter population, small related moderate-income households are experiencing relatively the same housing cost burden problems. Of all moderate-income renters, 75 households (9 percent) are large related five or more member households. In comparison to the overall moderate-income renter population, there are a greater portion of large related moderate-income households experiencing some type of housing problem. Almost all 75 households are experiencing a housing problem. However, only 18 households of those moderate- income renter households experiencing any housing problem are facing a housing cost burden. The housing problem most typically associated with large related households is overcrowding rather than a housing cost burden. (2) Homeowners According to the 1990 Census, only 6 percent of the total households who own their home are of moderate-income. Of all moderate-income households, approximately 49 percent (867 households) of moderate-income households are residing in a dwelling unit that they own. Approximately 5 1 percent of moderate-income homeowners are experiencing some type of housing problem and 50 percent suffer a cost burden of paying more than 30 percent of their income for housing expenses. For those households experiencing some housing cost burden, 40 percent are facing a severe cost burden of paying more than 50 percent of their income towards housing expenses. Much like very low-income and low-income homeowners, a significant number of moderate-income homeowners are elderly. Of all moderate-income households who own their home, 368 households (42 percent) are elderly one or two member households. In comparison to the overall moderate-income homeowner population, elderly moderate-income households do not experience the same proportion of housing problems. Only 27 percent of elderly moderate-income households face any housing problem. In all cases, the housing problem can be attributed to a housing cost burden. However, 41 percent of these elderly households are reporting a severe housing cost burden. The relatively few number of households suffering from a cost burden in terms of housing costs may be explained by the lower purchase price of a home bought by an elderly household years ago. d. Assisted Housing Needs The City of Carlsbad Redevelopment Agency owns a 75 unit apartment affordable housing complex for seniors and provides tenant-based rental assistance through the Section 8 Rental Assistance program. Carlsbad has a total of 503 Section 8 certificateshouchers. The length of the City's waiting list for the Section' 8 rental vouchershertificates program is approximately two to five years long. On average, there are usually approximately 20 unused Section 8 rental certificateshouchers due to the short time period between households dropping out of the Section 8 program and the processing of the required paperwork for the new household to receive the rental assistance. ' Rental Assistance Program priority is given to extremely low income households where the head of the household or spouse is: 1) A resident of Carlsbad or homeless and worlung with a social service agency; or 2) 'A veteran or family of a veteran. e. Home Ownership for First-Time Home Buyers According to the 1980 Census data, 56 percent of the 15,352 housing units in Carlsbad were owner occupied. In 1990,59 percent of the 27,235 housing units were owner occupied. The Census data shows that the number of housing units increased by 77 percent and that the number of owner occupied housing increased by 4 percent. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 38 The 1990 Census data shows that approximately 4 1 percent of those owner occupied dwelling units are owned by households between 25 to 44 years of age. Elderly homeowners, 65 years of age or older, own 25.5 percent of the owner occupied homes in Carlsbad. While this census data indicates that home ownership in Carlsbad has been attained by the majority of the Carlsbad population, it does not tell the complete story. As shown in Table 16, for those households in the upper income ranges, above 95 percent of the median family income, home ownership has been attained by the majority of these households. However, for very low, low, and moderate-income households, home ownership has eluded the majority of such households. Just over 25 percent of the very low and low-income households have been able to attain home ownership in Carlsbad. While moderate-income households have had a better success than lower-income households, the majority of moderate-income households are still renters. Table 16: Homeownership by Income Group INCOME GROUP Upper-Income (96% + MFI) 24,326 12,716 11,610 Total Households 19,226 11,232 I 58 7,994 I 42 Source: 1990 U.S. Census f. Housing Needs of the Elderly and Persons with Disabilities The housing needs of the elderly and persons with disabilities not requiring supportive services require architectural design features that accommodate physical disabilities, access to health care, grocery stores/pharmacies, and a convenient, economical means of transportation. Location, planning and design of these facilities should facilitate social communication and independence. g. Five-year Projections The current Regional Housing Needs Statement prepared by the San Diego Association of Governments (SNAG) has identified a housing need for Carlsbad of 6,214 units during the 1999-2004 period. The income distribution of this 6,2 14 unit need is as follows: Extremely low and very low income (0-50°/o median area income) 1,304 units Low income (51-80% median area income) 1,057 units Moderate income (80-120°/0 median area income) 1,430 units Above moderate income (>121% median area income 2,423 units Total 6,214 units City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 39 h. Anticipated Changes Foreseeable changes in housing needs that may result from those employed or expected to be employed in the City, but not currently residing here, are incorporated into the San Diego Association of Government's (SANDAG) regional fair share calculation. Foreseeable changes therefore would be reflected in the City's total regional share of 6,214 housing units for the 1999-2004 period 2. Nature and Extent of Homelessness a. Needs of Sheltered and Unsheltered Homeless According to the U.S. Department of Housing and Urban Development (HUD), homeless persons are those people who lack a fixed and adequate night-time shelter and spend the night "in a public or private emergency shelter ... or in the streets, parks, canyons, outdoor camps, bus terminals, railroad stations, under bridges or aqueducts, abandoned buildings, cars, trucks or any of the public or private space that is not designed for shelter."' The actual extent of homeless can only be estimated because by definition those who are homeless have no fixed residence and therefore, it is difficult to accurately provide a number count. Table 17, "Homeless Populations", provides 1990 U.S. Census data collected from the Shelter and Street Enumeration on the homeless in the City of Carlsbad. It shows a total count of 94 1 homeless persons. Current estimates. The Regional Task Force on the Homeless' 1999 Regional Homeless Profile estimates that there are approximately 15,000 homeless persons in San Diego County. Approximately 8,000 are considered urban homeless ' and 7,000 are considered day laborers or farm workers. The Task Force estimates that there are approximately 700 homeless day laborers/farm workers and 25 urban homeless in Carlsbad. The Regional Task Force on Homeless estimates that in San Diego County families account for approximately 2,100 of the homeless population in the region and probably represent the fastest growing segment of this population. These families tend to be resident homeless families or transient, intact families headed by a single parent, usually the female. Single adults account for approximately 5,100 percent of the urban homeless. This homeless category includes families and single adults. The majority of single adults are between 27 and 40 years old. The facility and service needs of homeless families and individuals are many and varied. These needs include emergency shelter, transitional housing, social services (i.e., job counselinghaining), mental health services and general health services. Existing service agencies indicate that a growing need exists for limited-term shelter or transitional facilities for homeless individuals and families. The rural homeless are generally farm workers and other day laborers, many of whom became legal residents after the passage of the Immigration Reform and Control Act of 1986 (IRCA). The majority (95 percent) of these are males living alone, although families are beginning to join them. The single workers live frugally so that they can send money to their families in their native countries. They need safe and sanitary housing, which could be a congregate living arrangement. The growing number of families need family housing, 2 U.S. Department of Housing and Urban Development, Report to the Secretary on the Homeless and Emergency Shelters, U.S. Government Printing Office, Washington, D.C. 1984. City of Carlsbad - Consolidated Strategy & Plan Section I - Community Profile Page 40 00 000 mom 00 000 m P QI 0 b d-. rl om mod- In Q, - .- .- E n e + m + N L .- c In C 0 a a r Y- 0 (c 0 v) QI E .- z' rl r; d- This page is intentionally blank. City of Carlsbad - Consolidated Strategy & Plan Section I: Community Profile Page 42 Table 18: Homeless Subpopulations U.S. Department of Housing and Urban Development CPD Consolidated Plan O!o of Homeless Persons with Special Needs Related to: Tota I Number 1. Severe Mental Illness (SMI) Only 8.4 79 2. Alcohol/Other Drug Abuse Only 35.8- 337 3. SMI and Alcohol/Other Drug Abuse 4. Domestic Violence 13.7 129 13.7 , 129 5. AIDS/Related Diseases 15.0 141 6. Other (Specify) Migrant farm workers and day laborers 95.0 894 b. Subpopulations of the Homeless Population The data used to estimate the portion of the .homeless population who are: (1) severely mentally ill (SMI) only; (2) alcohoVother drug addicted only; (3) severely mentally ill and alcohoVother drug addicted; (4) fleeing domestic violence; (5) homeless youth; and (6) diagnosed with AIDS and related diseases is based on data from the 1990 Census, the Regional Task Force on the Homeless, and national statistics. The estimated number of homeless within these subpopulations are indicated in Table 18. In Carlsbad, it is noted that the homeless population is a rural homeless population comprised mostly of farm workers and day laborers. Very few urban homeless have been sighted in Carlsbad. Due to a rural homeless population in Carlsbad, with a predominance of farm workers and day laborers, the prevalence of homeless persons who are severely mentally ill only, alcohoVother drug addicted only, severely mentally ill and alcohollother drug addicted, fleeing domestic violence, homeless youth, or diagnosed with AIDS and related diseases is not as significant as its prevalence in the urban homeless population. The special needs of homeless mentally ill, alcohol and drug abusers, victims of domestic violence and runaway and throwaway youth are group specific. Mentally ill homeless persons require housing supported by mental health care and counseling. Alcohol and drug abusers require treatment facilities and programs, as well as medical and social support. Victims of domestic violence need shelter and social services, related to making the transition to independent living. Runaway and rejected youths required shelter and counseling and social services related to reintegrating them with their families or enabling them to live independently. For those homeless who are dually diagnosed (i.e., mentally ill and substance abuser), special treatment programs are needed. (I) Mentally Ill Only and Mentally Ill and Alcohol/Drug According to the Regional Task Force on the Homeless, it is estimated that there are about 1,900 severely mentally ill homeless persons in San Diego County, representing 24 percent of the urban homeless. Such major mental disorders as schizophrenia, bipolar and major depressive disorders can be so disabling that the end result is homelessness. The Regional Task Force on the Homeless also estimates that approximately 50 percent of the homeless mentally ill population also have a substance abuse problem. Addicted City of Carlsbad - Consolidated Stratepy & Plan Section I. Community Profile Page 43 (2) AlcohoVDrug Addicted Only and AlcohoVDrug Addicted Abuse of alcohol or other drugs is prevalent among the homeless population. The Regional Task Force on the Homeless estimates that 30 to 40 percent of the urban homeless adults actively abuse alcohol or other drugs. Of the homeless youths on their own, 70 to 75 percent use alcohol or other drugs to help them deal with their circumstances. and Mentally I11 (3) Fleeing Domestic Violence Fleeing domestic violence, along with abandonment by spouses, male friend, and families, are regularly cited as reasons for homelessness for women. It is estimated that approximately half of all homeless women have been battered women. Once women are homeless and living on the streets, they become particularly susceptible to rape and battery. Homeless women, therefore, often require additional counseling to work through psychological 'impairment from physical abuse to transition into the mainstream. The National Commission on Aids states that AIDS can lead to circumstances of homelessness. Up to 50 percent of all Americans with AIDS are homeless and many more are likely to be facing circumstances of homelessness. Persons with AIDS are at risk of becoming homeless because of their illness, lack of income or other financial resources, and a weak support network. The Commission also estimates that 15 percent of the urban homeless are HIV. infected. Those homeless persons most at risk of AIDS or HIV infection are teens whose primary means of support is prostitution and those who abuse intravenous drugs and share needles. (4) Persons Diagnosed With AIDS and Related Diseases c. Needs of Persons Threatened with Homelessness At-risk DoDulation. The ''at-risk'' population are low-income families and individuals who, upon loss of employment, would lose their housing and end up residing in shelters or being homeless. Lower income families, especially those that earn less than 30 percent of the regional median income, are at risk of becoming homeless. These families generally are experiencing a cost burden of paying more than 30 percent of their income for housing or more likely, a severe cost burden of paying more than 50 percent of their income for housing. According to the 1990 Census, there were 1,899 lower-income households or 52 percent of all lower-income households who pay more than 50 percent of their income on housing and are at risk of becoming homeless. The at-risk population also includes individuals who are in imminent danger of residing in shelters or being unsheltered because they lack access to permanent housing and do not have an adequate support network, such as parental family or relatives into whose homes they could temporarily reside. These individuals, especially those being released from penal, mental or substance abuse facilities, require social services that help them make the transition back into society and remain off the streets. Needed services include counseling, rental assistance and job training/assistance. 3. Populations with Special Needs - Other Than Homeless a. Need for Supportive Housing Current estimates. Table 19 "Non-Homeless Special Needs Popblations" provides data for the City of Carlsbad on the number of households with supportive housing needs, such as elderly, frail elderly, developmentally disabled, and other special needs populations. This information was gathered from a variety of expert sources. It is typically regional in scope due to the lack of more specific local data. .. Citv of Carlsbad - Consolidated Stratem & Plan Section I. Community Profile Page 44 Those persons with special needs who are in need of supportive housing or housing assistance is not limited to the specific special needs populations listed in Table 19 of this document. The City recognizes that there are other special needs populations other than those specifically identified within this document, such as victims of terminal illnesses other than AIDS, who may be in need of housing assistance. The City will consider the housing assistance needs of any population group with special needs. Table 19: Non-Homeless Special Needs Populations SPECIAL NEED CATEGORY IN NEED OF s with Alcohol/Other Drug ith AIDS and R (1) Elderly and Frail Elderly According to the San Diego County Area Agency on Aging, the population over 65 years of age has four main concerns: .( 1) Income - people over 65 are usually retired and living on a fixed income which is typically half that of those under 65. (2) Health Care - because the elderly have a higher rate of illness, easy access to health care facilities is crucial. (3) Transportation - many seniors utilize public transportation. However, 13.8 percent of individuals age 65+ have a public transportation disability which necessitates the use of other modes of transportation. (4) Housing - of those over 65 years of age, 40 percent rent and 25 percent live alone (county-wide figure). These characteristics indicate the need for smaller, low cost housing units that have easy access to public transportation and health care facilities. These factors should guide the development of new housing for low-income elderly households. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 45 The housing needs of the elderly include supportive housing, such as intermediate care facilities, group homes, Single Room Occupancy (SRO) housing and other housing that includes a planned service component. Needed services to help compensate for frailty of elderly households due to one or more Limitations to Activities of Daily Living (ADL's) or Instrumental Activities to Daily Living (IADL's) include personal care, housekeeping, meals, personal emergency response and transportation. A social worker should assist the elderly returning to the community from a health care institution. Supportive housing for elderly households who are of lower-income and suffering from one or more ADL's or IADL's is needed to compensate for frailty as well as financial assistance to offset low- incomes. Table 20 provides 1990 Census data for the City on elderly households who are of lower- income. It shows that there are approximately 2,210 lower-income elderly households, 27 percent of all elderly Carlsbad households (8,271 households). A majority (62 percent) of the low-income elderly households are homeowners. Based on the 1990 Census data, of those elderly households renting their home, 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 to housing. Those elderly Carlsbad households who are of lower-income but also suffer from one or more ADL's or IADL's, such as difficulty eating, bathing, doing light housework, or shopping by oneself, is reflected in Table 20. According to a report entitled The Needs of the Elderly in the 21st Centurv, 14.4 percent of all . elderly persons 65 years of age and older are considered frail. Table 20: Frail Elderly Lower-Income Households Age Range Lower-Income Number of Households " All Elderly 2,210 p5+) Source: 1990 U.S. Census Percent Lower-Income Frail Number of Frail Households Based on the 1990 U.S. Census data, there are 5,417 persons aged 62 to 74 in Carlsbad. According to survey results from the Area Agency on Aging, it is estimated that 3 percent of those aged 62-74 experience serious housing problems and are in need of supportive housing. Of the 2,793 persons 75 years of age or older in Carlsbad, 279 (10 percent) experienced serious housing problems or serious problems of self care and are in need of supportive housing. (2) Persons with Developmental Disabilities The following section provides conservative estimates of the housing need for persons with developmental disabilities. This estimate of need is based on a California State Council on the Developmentally Disabled standard that the prevalence of the California population meeting the federal definition of developmentally disabled is 1.86. 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. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 46 Area Board XIII and the Regional Center for the Disabled believe that it is the severely developmentally disabled that are the greatest at riik of becoming homeless and in need of supportive housing. They have estimated that 10 percent of the severely developmentally disabled are at risk and in need of supportive housing. Based on 1990 Census estimates, there are 496 persons with severe developmental disabilities and 50 of whom are at risk of becoming homeless. (3) Persons with Physical Disabilities The 1990 U.S. 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 fiom advances in medicine. The Regional Center for the Disabled estimates that 5 percent of the disabled population using wheelchairs are at risk of becoming homeless due to the lack of housing with accessible features. Believing that this population are as much at risk becoming homeless as those with severe mental illness or a developmental disability, SANDAG also estimates that 10 percent of the those with physical disabilities are at risk of becoming homeless and in need of supportive housing. Based on the SANDAG factor of 10 percent, there are 66 persons with a physical disability that are in need of supportive housing. The special needs required for housing physically disabled individuals include not only special construction features to provide for access and use according to the particular disability of the occupant but also affordability. The location of housing for disabled persons is also important because many such households need access to a variety of social services and to specialized disabled access facilities throughout the County. . ' In addition to the housing needs of physically disabled persons described above, there should be support services designed to meet the needs of the particular individual. A social worker should assist persons returning to the community from a health care institution. (4) Persons with Mental Illness The following section provides conservative estimates of need based on the International City Managers Association standard that 10 percent of the total population suffers fiom mental illness at any given time and on the California Department of Mental Health standard that one to two percent of persons in the general population suffer a serious mental illness (SMI). There are an estimated 4,958 who suffer fiom a mental illness and an estimated 496 to 990 adults who suffer from serious and persistent mental illness in ' Carlsbad, based.on the City's 1990 Census adult population of 49,576. Among' persons who suffer from serious and persistent mental illness, there is a substantial need for stable, decent housing. The lack of access to this basic need often leads to mentally ill persons being homeless, near-homeless, or living in unstable and/or substandard housing situations. The County Department of Health Services estimates that 10 percent of those persons suffering from a serious or persistent mental illness are at risk of homelessness. For Carlsbad, of the estimated 496 persons potentially suffering from a SMI, 50 are at risk of becoming homeless and in need of supportive housing. 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 payments for rental costs. Relative to their income, few persons in this population can afford rental housing on the open market. Of those persons living in the urban San Diego County area who are being served by San Diego Mental Health Services (SDMHS), nearly all of the clients have annual incomes considered to be at 30 percent or less of the San Diego County median income and are considered of extremely low-income. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 47 (5) Persons with Alcohol or Other Drug Addictions Alcohol/other drug abuse is defined as excessive and impairing use of alcohol or other drugs, including addiction. The National Institute on Alcohol Abuse and Alcoholism estimates that 14-16% of the adult male population and 6% of adult women moderately or severely abuse alcohol. Abusers of alcohoVother drug abuse have special housing needs during treatment and recovery. Group quarters typically provide appropriate settings for treatment and recovery. Affordable housing rental units provide housing during transition to a responsible lifestyle. , (6) Persons with HIV Infection and with AIDS According to statistics provided by the AIDS Epidemiology Unit of the San Diego County Health and Human Services Agency, there have been 1 13 reported cases of AIDS cumulatively through December 3 1, 1999. The County has a recorded a case-fatality rate of approximately 44 percent in Carlsbad, leaving approximately 66 persons currently living in the City with AIDS. The number of persons with the HIV infection is based on the estimate that there are six times as many persons infected with HIV than have actually contracted AIDS. Research by the Office of AIDS Coordination shows that 66 percent of those with AIDS and 11 percent of those with HIV have a need for affordable housing assistance (see Table 21). Table 21: Estimated Persons with AIDS and HIV Infection in Need of Housing Assistance Type of Affordable Housing Assistance AIDS Cases Needing Affordable Housing Assistance IV Cases Needing Affordable Housing Assistance Rent Subsidy/Subsidized 44.2% 7.3% Units Adult Foster Care 3.1% 0.5% Emergency/Transitional 4.6% 0.8% Housinq Congregate Independent 10.8% 1.8% Housinq Congregate Supportive 3.1% 0.5% Housing TOTAL 6 5.8% 10.9% Source : County of San Diego Office of AIDS Coordination As shown above in Table 2 1, those with AIDS or HIV infection have a great desire and need (47 percent) for long-term independent housing. Assistance for long term independent housing includes rent subsidies, subsidized units, and adult foster care. There is also a significant desire and need for congregate housing (14 percent for those with AIDS). Congregate housing includes housing for those who are able to live independently, but do not wish to live alone, and housing for those who require supportive services and supervision. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 48 Short term shelter or transitional housing is the least needed or desired form of housing assistance. Of those persons with AIDS and HIV and in need of housing assistance, only 7 percent have a need for this type of housing. C. Available Resources The purpose of this section is educational and will assist interested citizens and other interested parties to understand the resources that are available to assist in housing and supportive service needs. Table 22 lists available resources by program with 'a description of eligible activities for each program. It is expected that the provision of housing assistance and supportive services will occur as a public/private partnership with proviate entities, non-profit organizations, or other public agencies assuming the role of primary provider of affordable housing or supportive services. Therefore, the City of Carlsbad 'will generally support applications from eligible non-profits and other entities for all programs and resources listed as available for acquisition, rehabilitation, new construction, home buyer assistance, rental assistaance, homeless assistance, and homeless preventtion activities. However, if the City determines that it will be the primary provider of housing assistance or supporive services, the City will take the lead and apply directly for funding. In the production of affordable housing, the City of Carlsbad cannot rely on a single source of funding. To be successful in our efforts, affordable housing must be produced through the utilization of a number of different funding sources. These sources include, but are not limited to, Community Reinvestment funds (financial institutions), non-profit partnerships, ' private developer partnerships, tax-exempt financing, tax credits, federal Community Development Block Grant funds, federal Section 8 Rental Assistance funds, Redevelopment Housing Set-Aside funds. The City of Carlsbad will use these and/or other sources of funding to assist other' non-profit organizations and other private entities in the construction of affordable housing and development of related services, depending on the opportunities and constraints of each particular project. City of Carisbad - Consolidated Strategy & Plan Section I. Community Profile Page 49 Table 22 Public and Private Resources Available for Housing and Community Development Activities PROGRAMNAME ELIGIBLE ACTIVITIES DESCRIPTION la. Federal Proqrams - HOME Community Development Block Grant Federal Emergency Management Agency Homeless Grants lb. Federal Proqrams - Supportive Housing Grant Section 8 Rental Assistance Program Section 202 ~ ~~ Section 81 1 Section 108 Loan ~ ~~~ ormula/Entitlement Flexible grant program awarded to the City as part of a county consortium on a formula basis for housing activities. Grants awarded to the City on a formula basis for housing and community development activities. Grants to City as a CDBG entitlement jurisdiction to provide emergency homeless services. City contributes its allocation to County‘s FEMA Homeless Proqram. New Construction Acquisition Rehabilitation Home Buyer Assistance Rental Assistance Acquisition Rehabilitation Home Buyer Assistance Economic Development Homeless Assistance Public Services Shelter Voucher Food Voucher Transportation Utility Emergency Rent and Mortqage Payment lompetitive Grants to improve quality of Homeless Assistance existing shelters and transitional Construction, Rehabilitation, housing; increase shelters and (Acquisition, New the homeless. Conversion, Support Services) transitional housing facilities for Rental assistance payments to Rental Assistance owners of private market rate units on behalf of very low income tenants (administered by ~~~ ~ ~~~ Grants to non-profit developers elderly. of supportive housing for the ~~ ~~ a Grants to non-profit developers facilities and intermediate care homes, independent living with disabilities, including group of supportive housing for persons facilities. Provides loan guarantee to CDBG entitlement jurisdictions for pursuing large capital improvement or other projects. The jurisdictions must pledge its future CDBG allocations for repayment of the loan. Maximum loan amount can be up to five times the entitlement jurisdiction’s most recent approved annual allocation. Maximum loan term is 20 vears. Acquisition Rehabilitation New Construction Rental Assistance Support Services Acquisition Rehabilitation New Construction Rental Assistance I Acquisition Rehabilitation Home Buyer Assistance Economic Development Homeless Assistance Public Services City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 50 PROGRAM NAME ELIGIBLE ACTIVITIES DESCRIPTION 2. State Programs Proposition 1A Emergency Shelter Program Mobile Home Park Conversion Program (M Prop). California Housing Finance Agency (CHFA) Multiple Rental Housing Programs. California Housing Finance Agency Home Mortgage Purchase Program Mortgage Credit Certificate Program ~~~ ~ Low Income Housing Tax Credit (LIHTC) California Housing. ' Rehabilitation Program - Owner Component (CHRP-0) Proposition 1A includes provisions to establish a Downpayment Assistance Program and a Rent Assistance Program using school fees collected from affordable housing projects. Potential buyers or tenants of affordable housing projects are eligible to receive assistance in the form of downpayment assistance or rent subsidies from the State at amounts equivalent to the school fees paid by the affordable housing developer for that project in question. This is a new program and the State has yet to define the program structure and implementation strateqy. Grants awarded to non-profit organizations for shelter support services. Funds awarded to mobilehome park tenant organizations to convert mobile-home parks to resident ownership. Below market rate financing offered to builders and developers of multiple-family and elderly rental housing. Tax exempt bonds provide below- market mottqaqe money. CHFA sells tax-exempt bonds to make below market loans to first time homebuyers. Program operates through participating lenders who originate loans for CHFA purchase. Income tax credits available to first-time homebuyers for the purchase of new or existing single-family housing. Local agencies (County) make certificates available. Tax credits available to individuals and corporations that invest in low income rental housing. Tax credits sold to corporations and people with high tax liability, and proceeds are used to create housinq. Low interest loans for the rehabilitation of substandard homes owned and occupied by lower-income households. City and non-profits sponsor housing rehabilitation projects. Downpayment Assistance Rental Assistance Support Services Acquisition Rehabilitation New Construction Rehabilitation Acquisition of Properties from 20 to 150 units Home Buyer Assistance Home Buyer Assistance New Construction Rehabilitation Acquisition Rehabilitation Repair of Code Violations,Accessibility Improvements, Room Additions, General Property Improvements City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 51 PROGRAM NAME ELIGIBLE .ACTIVITIES DESCRIPTION , 3. Local Proqrams Carlsbad Redevelopment Rehabilitation set aside for affordable housing Agency. Acquisition 20 percent of Agency funds are activities qoverned by state law. New Construction Mortgage Association (Fannie Mae) Mortgage Company Inc. (SAMCO) California Community Reinvestment Corporation (CCRC) Federal Home Loan Bank Affordable Housing Program lancing Programs Loan applicants apply to following programs: participating lenders for the Home Buyer Assistance Fixed rate mortgages issued by private mortgage insurers. purchase and rehabilitation Rehabilitation of a home. Mortgages for Single-Family Homes in underserved low- income and minority communities. Mortgages which fund the Home Buyer Assistance Low Down-Payment Home Buyer Assistance Pooling process to fund loans for shelters, and group homes for member institutions. help housing, homeless for profit developers contact rentals, cooperatives, self housing projects. Non-profit and family and multiple family affordable ownership and rental New Construction of single Non-profit mortgage banking New Construction consortium designed to provide Rehabilitation long term debt financing for Acquisition affordable multi-family rental housing. Non-profit and for profit developers contact member banks. Direct Subsidies to non-profit New Construction and for-profit developers and public agencies for affordable low income ownership and rental projects. ~~ the disabled. City of Carlsbad - Consolidated Strategy & Plan Section I. Community Profile Page 52 SECTION 11. FIVE YEAR STRATEGIC PLAN This section states the City of Carlsbad's general plans and priorities to be pursued over the five year period (2000-2005) of the Consolidated Plan. The five year strategic plan describes the City of Carlsbad's action plan for addressing imbalances between its needs for housing assistance and its affordable housing, supportive housing and supportive services inventory, as well as non-housing community development needs and resources. Carlsbad's priorities for providing assistance and the strategies developed "to satisfy the housing and non-housing community development needs of its residents is based upon the availability of funding and the overall analysis of the City's housing needs, market and inventory conditions, as described earlier in Sections 1.a and 1.b and discussed in greater detail below. A. Summary of Five-Year Strategy 1. Priorities for Providing Housing Assistance In establishing its priorities for providing affordable housing, the City of Carlsbad has considered the need for housing assistance among all subgroups of low and very low-income persons, homeless persons and non-homeless persons with special needs. The priorities emerged from many considerations, among them the City's analysis of its housing stock and market conditions, its analysis of the relative housing needs of its low and very low-income families and its assessment of the resources likely to be available over the five year period (2000-2005) of this Consolidated Plan. The various subpopulations of very low and low-income groups, homeless persons, and non-homeless persons with special needs have been assigned priority numbers which reflect the City of Carlsbad's general assessment of its overall priorities for the next five years and the focus of its investment strategy (see Table 23). Each category of residents is assigned a High, Medium, or Low priority. This priority assessment will serve as a guide only. The City will consider any project or program providing housing assistance to very low and low-income households, homeless persons, or non-homeless persons with special needs irrespective of the priority level assigned to the particular category of residents as long as funding sources are available. However, in the event that funding sources are limited and projects or programs are competing for the same funding source, consideration will be given to the project or program providing housing assistance to the highest priority group. It is tine general policy of the City of Carlsbad 10 assist very low-income residents as a high priority through the use of available Federal, State and local resources due to the ability of the market to provide more easily affordable housing opportunities for low-income households and the availability of specific resources for homeless persons and those with special needs. It is very low-income households who have a difficult time obtaining and maintaining affordable housing because of their lack of significant financial resources and the small supply of housing that is affordable to households at this income level. In accordance with state law, a very low-income household is one whose gross household income does not exceed 50 percent of the median income for San Diego County, which for 1999 is $52,500 for a family of four. A low-income household is one whose gross household income is between 50 and 80 percent of the median income for San Diego County. Lower-income households are households whose gross household income does not exceed 80 percent of the median income for San Diego County and is inclusive of very low and low-income households. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 1 Consistent with the City's "Village Redevelopment Project Area Housing Strategy and Proposed Use of Low and Moderate-Income Housing Funds", it is also the general policy of the City of Carlsbad to assist large related households and renter households as a first priority as the focus of the City's investment strategy. Large related households are given the highest priority because of the significant shortage of three or more bedroom units affordable to lower-income households. Lower-Income renter households (0 to 80% of the Median Family Income for the area) are also given a high priority because of the great majority, 61 percent, of the lower-income households who rent their home rather than own their home. Therefore, existing home owners and first-time home buyers are given a medium priority in relation to renter households. Of lower-income renters, small related households are given a medium priority and elderly households are given the lowest priority. Small related renter households comprise a more significant percentage (34 percent) of the total lower-income renter population than elderly households (23.5 percent). 2. Strategies to Meet Identified Housing Needs The City has considered not only who among the various categories of lower-income hous'eholds are most in need of housing assistance but also which of the general assistance strategies outlined below will best meet the housing needs of the identified households. While an analysis of Carlsbad's needs for housing assistance and its affordable housing, supportive housing and supportive services inventory, as described earlier in Sections 1.a and 1.b and discussed in greater detail later in this Section, may allude to other strategies being pursued, it is the. general policy of the City of Carlsbad to encourage the construction or creation of new affordable housing units. The construction or creation of new housing units is considered the primary strategy due to State regulations requiring the City to demonstrate progress towards meeting its lower-income households' need for new housing units, as identified by the Regional Housing Nee& Statement and SANDAG's regional fair share objective. The Regional Housing Needs Statement and SNAG'S regional fair share objective was discussed earlier in Section I.b.l.viii of this Consolidated Plan. The Regional Housing Neea's Statement indicates that within the City of Carlsbad 2,361 new housing units over the 1999 to 2004 five year period for lower-income households will need to be provided. The City has committed to providing a total of at least 629 units of new housing affordable to lower-income households. The City of Carlsbad does not intend to be the primary provider of affordable housing, supportive housing, homeless shelters, or supportive services. It is expected that the provision of housing assistance and supportive services will occur as a public/private partnership with private entities, non-profit organizations, or other public agencies assuming the role of primary provider of affordable housing or supportive services with some financial assistance from the City. However, the City will continue to implement housing assistance programs where the City has expertise or such programs have already been established, such as rental assistance. Where appropriate and consistent with federal regulations for the Community Development Block Grant Program and State regulations for the use of Redevelopment Tax Increment funds, these financing sources will be used to .. help private entities, non-profit organizations, or other public agencies create City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 2 additional housing units for low and very low-income households through 1) new housing production, 2) substantial and moderate rehabilitation, 3) provide rental assistance programs, 4) home buyer assistance programs, and/or 5) acquisition of property. The City will also fund public service agencies which provide programs related to and supporting physical community revitalization, housing development activities, andlor support facilities and services. Outlined below are the general strategies to be financed by the City of Carlsbad during the next five years in an effort to assist in the provision of affordable housing for low and very low-income households. The specific programs to implement these strategies is discussed later in Section 1I.c. 1) Develop new construction of affordable housing "New construction" refers to the acquisition of land and the development of housing units, either single family or multi-family. 2) Acquisition of facilities/housing units. "Acquisition of facilitieshousing units" refers to City participation with other private entities and non-profit organizations in the acquisition of existing housing units, such as apartments, .condominiums or townhomes, or other buildings suitable for temporary shelter. The units purchased would provide affordable housing for moderate, low and very low-income households (with particular emphasis on low and very low-income households). 3) Provide moderate or substantial rehabilitation. "Moderate Rehabilitation" means rehabilitation involving a minimum expenditure of $1,000 per unit to upgrade substandard units to a decent, safe and sanitary condition in compliance with the Housing Quality Standards, or other standards acceptable to the U.S. Department of Housing and Urban Development. "Substantial rehabilitation" refers to the improvement of a property (housing units) in accordance with Section 8 Housing Quality Standards. The City will complete substantial rehabilitation when necessary to provide housing to low and very low-iacome househoids that is decznt, safe, sanitary and affcrdable. 4) Provide rental assistance. "Rental assistance" may mean providing a tenant with financial assistance (tenant-based) (project-based). - or restricting the rent of a given rental unit to no more than 30 percent of gross income 5) Provide home buyer assistance. A "home buyer assistance" program may include counseling on various topics such as 1) family budget planning, 2) the home purchase market and 3) methods of financing a home, . Also, the program may include various forms of financial assistance, perhaps in the form of interest subsidies. City of Carlsbad - Consolidated Strategy & Plan Section II. Five Year Strategic Plan Page 3 6) Provide support facilities and services. "Support facilities and services" are defined as those facilities/services which either assist residents to obtaidmaintain affordable housing in Carlsbad andor provide temporary shelter for the homeless, near homeless andor migrant farm workers. The City considers that the strategies outlined above will best meet the housing needs of the identified category of residents. The City will consider any strategy for providing housing assistance to very ,low and low-income households, homeless persons, or non-homeless persons with special needs, as long as funding sources are available. The strategy to be pursued or encouraged by the City will be generally determined by the availability of funding. 3. Strategies to Meet Economic Development Needs The Carlsbad City Council adopted a five-year Economic Development Strategic Plan in 1996 to help formulate policies for organizing and promoting economic development and business growth in Carlsbad. The Plan has been successful in helping to bring numerous companies to the City and allowing other Carlsbad based businesses to expand their operations. Staff is exploring alternative . methods for utilizing Community Development Block Grant funds to help in economic development efforts while assisting lower income households. Economic Development Programs utilizing Community Development Block Grant funds will be developed which may include one or more of the following types of projects: 1. 2. 3. 4. 5. 6. Job Creation Programs - Funds may be provided to companies for each new job they create for low income residents of Carlsbad. Acquisition, construction, rehabilitation or installation of commercial or industrial structures. Partnership program with private sector to provide loans and/or grants to lower income residents to start new businesses after successfully completir,g Small Business Association sponsored or other appropriate business educztion programs. Job Training - Funds may be used to prodde training for low income residents through Small business Association educational programs or other educational institutions. Job Placement - Funds may be provided for organizations to help lower income residents obtain employment. Microenterprise Program - Loan and/or grant program for lower income residents to start new businesses which will employ up to 4 low income residents. (Those participating in the program would be required to show that they have completed Small Business Association sponsored educational program or other appropriate educational program to be eligible for loans or grants.) City of Carlsbad - Consolidated Strategy & Plan Section JI: Five-Year Strategic Plan Page 4 Table 23: ,Priorities for Assistance 5-Year Plan Priority Need Level ESTIMATED ESl"ATED (households) TO ADDRESS PRIORITY HOUSNG NEEDS High. Medium, Low. No Such Need UMTS DOLLARS NEEDED 0-30% i 31-50% i 5140% Cost Burden > 30% HiHiM 114 413,000 Cost Burden > 50% HiHiM 627 4,200,000 Small I Physical Defecls L,! L ; L 76 450,000 Overcrowded L i.M i M 10 36,000 Cosr Burden > 30% HjHiM I 25,000 Cost Burden > 50% HiHiM 29 1 1,900.ooo Physical Defects L;L:L 1 1 Overcrowded MiHiH 7 25,000 Cost.Burden > 30% HiHiL 19 122,000 Cost Burden > 50% .HiHiM 93 598,000 Physical Defects LjLiL 1 1 Overcrowded LiL!L 1 1 Cost Burden > 30% MiMjM 56 .941,000 ~ Renter Large Elderly Owner PRIORITY HOMJZLESS MEEDS rr PRIORITY COM” DEVELOPhfENT TO ADDRESS ESl“ATED Priority Need Level ’ MEEDS High, Medium. Law. No Such Need DOLLARS NEEDED PUBLIC FACILITY NEEDS Senior Cenrers 0 L ~~- -~ ~ ~~ ~~ Youth Centers 0 N Other Public Facilities 0 L Parking Facilities 0 L Health Facilities 20.000 L Parks andlor Recreation Facilities 0 L Child Care Cenws , 0 L Neighborhood Facilities 350,000 L INFRASTRUCTURE IhlPROVEMENT Solid Waste Disposal Improvements 0 L Water Improvements 0 L Flood Drain Improvements 0 L Street Improvements 100,000 L Sidewalk Improvements 0 L ~~ ~ . Ocher Infrastrucwrt Improvement Needs 0 L Asbestos Removal 0 L Sewer Improvemenrs ! ItL.”- - - L 0 1, _- - PUBLIC SERVICE NEEDS Senior Services 0 N Other Public Service Needs 0 M Health Services 0 L. Child Care Services 22,500 L TcnantlLandlord Counseling 20,000 M Fair Housing Counseling Crime Awareness , 75,000 M Employment Training 0 L Substance Abuse Services 0 L Transportation Services 300,000 H Youth Services 0 L Handicapped Services 3 15,000 H .. L 0 PRIORITY C0hX”TY DEVELOPMENT TO ADDRESS =”J3WTED Priority Need Level NEEDS High. Medium, Low. No Such Need NEEDED ACCESSXBILITY NEEDS Accessibility Needs 367,000 M HISTOFUC PRESERVATION NEEDS ~~ Residential Historic Preservation Ne:ds ‘0 L Non-Residenaal Historic Preservaaon Needs 0 L ECONOMIC DEVELOPMENT NEEDS ~~ Commercial-Indusmal Rehabiliwtion 0 L Commercial-Industrial Infrastructure 0 N Other Economic Development Needs 0 L Technical Assistance 0 L Other Businesses 0 L Micro-Business 0 N Other Commercial-Industrial Improvemenrs 0 L OTHER COh.fMUNITY DEVELOPAMENT NEEDS ~~ Energy Efficiency Improvements 0 L Lead Based PainuHazards 0 L Code Enforcement 0 L- PLAh%TSG - B. Priority Analysis for Housing Needs Below is the narrative analysis of Consolidated Plan Table 23-Priorities for Assistance. These sections discuss each category of residents to be assisted in the following format. First, the section states the category of residents to be assisted and the assigned priority. An analysis will follow discussing how the size, distribution, condition, and cost of Carlsbad's housing inventory matches up with the severity of needs and types of housing problems being experienced, as previously discussed in Sections 1.a and 1.b. This analysis provides the basis for establishing the priority. For each category of residents assigned a priority, a specific objective is gwen for how the City hopes to meet the housing needs of these residents. Objectives were developed based on the Affordable Housing Goals identified in the San Diego Association of Government's 1999 Regional Housing Needs Statement and may be adjusted based on future Needs Statements or availability of resources to meet affordable housing needs. 1. Priority High: Very Low-Income (0 to 50% MFI) Non-Elderly, Large Family Renter Households Objective: Assist 63 Households. According to the 1990 Census, there are approximately 179 large related renter households within this very low-income category in the City of Carlsbad. Large related households represent an estimated 10 percent of the very low-income (0 to 30% MFI) renter households. In addition, large related households are least likely to have incomes below 50 percent of median than any of the other household types, such as elderly or small related households. Relatively the same percentage of large related very low-income households face some type of housing problem as the other household types for this income range but are the least likely of all household types to have severe housing cost burden problems. It is estimated that 94 percent (169 households) of the large related households have housing problems and that 87 percent (155 households) pay more than 30 percent of their income towards housing rents. However, only 53 percent of the 155 households paying more than 30 percent of their income for rents are paying more than 50 percent. The high cost of housing has a particularly severe impact on very low-income families who are left, following rent payment, with little disposable income to cover vital daily living expenses. In addition, the great majority of very low-income households are paying more than 50 percent of their income towards housing costs and are more likely to face these severe cost burdens regarding rent than low- income households. A sudden loss of employment would very likely pose a homeless situation on these f;ous5-iolds. An analysis of the housing stock and market conditions shows that there is a need for four or more bedroom units, which would adequately house large related households of five or more persons (see Table 24). In comparing the affordability of occupied and vacant units, there is an even greater shortage of dwelling units affordable to very low-income households. As shown in Tables 27 and 28, only 5 percent of the occupied three or more bedroom units and none of the three or more bedroom units available for rent are offered at rents affordable to very low-income (0 to 50% MFI) households. The 1990 Census also shows that 85.3 percent of these very low-income households live in overcrowded conditions. The percentage of large related very low-income households living in overcrowded conditions suggests that many households may be living in units that are smaller in size than what would be appropriate, such as a three or more bedroom unit. They may be living in smaller units because smaller sized units are affordable to them while larger units are not affordable. It can be assumed that larger units unaffordable to very low-income households are being occupied by higher income households, who may be smaller in household size and prefer larger homes. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 8 The relatively small percentage of very low-income households who are categorized as large related households, the risk of homelessness due to mismatches between housing rents and ability to pay, and significant instances of overcrowding lead to assigning a High priority to large related households in the 0 to 50 percent income category. 2. Priority High : Very Low-Income (0 to 50% MFI) Non-Elderly, Small Family Renter Households Objective: Assist 63 Households The 19990 Census reports that there are 631 very low-income, small family (2-4 persons), renter households in Carlsbad. Small related households represent 34 percent of the total number of very low- income renter households. In addition, small related households are more unlikely to have incomes below 30 percent of median and between 31 to 50 percent of median than any of the other household types, except for "all other" households. Small related households are just as likely to face some type of housing problem in comparison to the other household types and are experiencing relatively the same housing cost burden problems. It is estimated that 90 percent of these small related households have housing problems, 85 percent pay more than 30 percent of their income towards housing rents. Of those paying more than 30 percent of their income towards housing rents, 83 percent are actually paying more than 50 percent. The high cost of housing has a particularly severe impact on very low-income families who, following rent payment, are left with little disposable income to cover such vital daily living expenses as food, clothing, transportation, and health care. In addition, the great majority of very low-income households are paying more than 50 percent of their income towards housing costs and are more likely to face these severe cost burdens regarding rent than low-income households. A sudden loss of employment would very likely pose a homeless situation on these households. When examining the housing stock's ability to house such households, an analysis of the housing stock and market conditions shows that there is a significant number of two-bedroom units available to adequately house small related households of two to four persons but not enough one-bedroom units would be available (see Table 24). In comparing tile affordability of occupied and vacant units, there is a . severe shortage of dwelling units of any size affordable to very low-income households. As shown in Tabks 27 and 28, only 3 percat ofthe occupied two btdroorn units arid none of the tiyo bedroom units 2vailaSle for rent are offered at rents affordable to very low-income (0 to 50% MFI) households. The relatively large percentage of very low-income households who are categorized as small related households and the threat of homelessness due to great mismatches between housing rents and ability to pay, lead to assigning a High priority to small related households in the 0 to 50 percent income category. 3. Priority High: All Other Very Low-Income (0 to 50% MFI) Renter Households Objective: Assist 60 Households The 1990 Census shows that there are approximately 479 very low-income renter households comprised of non-elderly single persons or groups of unrelated individuals in Carlsbad that earn between 0 to 50 percent of the median family income. These households represent 25 percent of the total number of very low-income renter households. However, only a small percentage of the total "all other" households have incomes below 50 percent of median. In comparison to the other household types within this income group, "all other" very low-income (0 to 30% MFI) households are just as likely to face some type of housing problem and are experiencing relatively the same housing cost burden problems. It is estimated that 84 percent of these households have housing problems. Furthermore, 81 percent pay more than 30 percent of their income .towards housing rents, of which, 97 percent actually pay more than 50 percent of their income for rents. City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 9 The high cost of housing has a particularly severe impact on very low-income families who are left, following rent payment, with little disposable income to cover vital daily living expenses. In addition, the great majority of very low-income households are paying more than 50 percent of their income towards housing costs and are more likely to face these severe housing cost burdens than low-income households. A sudden loss of employment would very likely pose a homeless situation on these households. When examining the housing stock's ability to house such households, an analysis of the City's housing stock and market conditions shows that efficiency or one-bedroom units typically needed by these small households are greatly lacking in relation to the number of households needing this unit size (see Table 24). According to Table 28, of the 178 efficiency or one-bedroom units available for rent, only 7 units are affordable to persons with an income below 50 percent of the median. The relatively large percentage of very low-income households who are categorized as non-elderly single persons or groups of unrelated individuals, the risk of homelessness due to mismatches between housing rents and ability to pay, and the high demand and small supply of efficiency and one-.bedroom units lead to assigning a High priority to "all other" households in the 0 to 50 percent income category. 4. Priority High: Very Low-Income (0 to 50% MFl) Elderly Renter Households Objective: Assist 62 Households The 1990 Census shows that there are approximately 284 very low-income (0 to 30 percent MFI) and 306 very low-income (3 1 to $0 percent MFI) elderly renter households in Carlsbad. This represents 3 1 percent of the total number of very low-income renter households, relatively the same percentage as small related households and all other households. In addition, elderly households are more likely to have incomes below 30 percent of median and between 31 to 50 percent of median than any of the other household types. In comparison to the other household types within this income group, elderly households are just as likely to face some type of housing problem and are experiencing relatively the same housing cost burden problems. It is estimated that 96 percent of these elderly households have housing problems, 82 percent pay more than 30 percent of their income towards housing rents. Of those paying more than 30 percent of their income for housing costs, 83 percent actually pay more than 50 percent. The high cost of housing has a particularly severe impact on very low-income elderly families who, following rent payment, are left with little disposable income to cover such vital daily living expenses as food, clothing, transportation, and health care. In addition, the great majority of very low-income elderly households are paying more than 50 percent of their income towards housing costs and are more likely to face these severe cost burdens regarding rent than low-income households. A sudden loss of employment would very likely pose a homeless situation on these households. When examining the housing stock's ability to house such households, an analysis of the housing stock and market conditions shows that efficiency or one-bedroom units typically needed by these small elderly households are greatly lacking in the City of Carlsbad in relation to the number of 1 and 2 person households needing this unit size (see Table 24). According to Table 28, of the 178 efficiency or one- bedroom units available for rent, only 7 units are affordable to persons with incomes below 50 percent of the median. .. The relatively large percentage of elderIy households within the very low-income range versus other income ranges, the relatively large percentage of very low-income households who are elderly, the risk of homelessness due to great mismatches between housing rents and ability to pay, and the high demand and small supply of efficiency and one-bedroom units lead to assigning a High priority to elderly households in the 0 to 50 percent of MFI income category. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 10 * 5. Priority Medium: Existing Very Low-Income (0 to 50% MFI) Home Owner The 1990 Census shows that there are approximately 1,172 very low-income households in Carlsbad who own their home. -Home owners represent 38 percent of the 3,051 total number of very low-income households. A small percentage (7 percent) of all home owners have incomes below 50 percent of median. In comparison to households in other income categories, very low-income households are most likely to face some type of housingproblem or cost burden problem. Objective: Assist 10 Households The relatively large percentage of very low-income households who are home owners and the risk of homelessness due to. a mismatch between housing costs and ability to pay but the relatively small percentage of owner households who are of very low-income leads to the assignment of a Medium priority for existing home owners in the 0 to 50 percent income category. 6. Priority Low: First Time Very Low-Income (0 to 50% MFI) Home Buyers Objective: None (Households in this category are realistically unable to generate downpaymeats and closing costs for the purchase of homes in Carlsbad.) The 1990 Census shows that there are approximately 1,879 very low-income households in Carlsbad who are currently renting a dwelling unit and could perhaps buy a home. This represents 62 percent of the 3,05 1 total number of very low-income households. Of the 1,879 very low-income renter households, 1,560 households (83 percent) are experiencing a cost burden of paying more than 30 percent of their income towards housing. Most of these households (85 percent) are actually paying more than 50 percent of their income for housing. Very low-income households are more likely than households in other income categories to pay more than 50 percent of their income for housing costs. With so many of the potential very low-income home owners paying more than half their income for housing costs, households in this income category are realistically unable to come up with the required downpayment and closing costs associated with the purchase of a home and many do not have sufficient incomes to purchase a home. Therefore, a Low priority is assigned to first-time home buyers in the 0 to 50 percent income category. 7. Priority Medium: Low-Income (51-80Y0 MFI) Non-Elderly, Large Related Renter Households Objective: Assist 143 Households The 1990 Census reports that there are approximately 247 large related renter households within the low- income category in the City of Carlsbad. Large related households represent an estimated 14 percent of the low-income renter households. The percentage of low-income households who are large related households is comparable to the percentage of low-income households who are elderly but less than the percentage who are characterized as small related or "all other". In addition, a significant percentage of all large related households (3 1 percent) have incomes between 5 1 and 80 percent of median. Relatively the same .percentage of large related low-income households face some type of housing problem as the other household types for this income range but are the least likely of all household types to have housing cost burden problems. Incidences of housing cost burden problems are significantly lower for large related households within this income group. It is estimated that 91 percent of the large related households have housing problems and that only 28 percent (71 households) pay more than 30 percent of their income towards housing rents. Of those paying more than 30 percent, 42 percent of the households are paying more than 50 percent of their income for housing rFnt. . City of Carlsbad - Consolidated Strategy & Plan Section 11: Five-Year Strategic Plan Page 11 Low-income large related households do not experience as great a cost burden of paying more than 50 percent of their income towards housing rents than their very low-income counterparts. In addition, low- income households have more disposable income remaining after covering the cost housing than do households earning 50 percent or less of median income. Therefore, due to the anticipated lack of adequate funds, very low-income households are given priority over low-income households. When examining the housing stock's ability to house such households, an analysis of the City's housing stock and market conditions shows that there is a need for four or more bedroom units, which would adequately house large related households of five or more persons (see Table 24). In comparing the affordability of occupied and vacant units, there is a severe shortage of dwelling units affordable to low- income households. As shown in Tables 27 and 28, only 8 percent of the occupied three or more bedroom units and 26 percent of the three or more bedroom units available for rent are offered at rents affordable to households with an income between 0 to 80 percent of the median. The 1990 Census also shows that 78 percent of these low-income households live in overcrowded conditions. The great percentage of large related low-income households living in overcrowded conditions suggests that many households may be living in units that are smaller in size than .what would be appropriate, a three or more bedroom unit. They may be living in smaller units because smaller sized units are affordable to them while larger units are not affordable. It can be assumed that larger units unaffordable to low-income households are being occupied by higher income households, who may be smaller in household size and prefer larger homes. The relatively significant percentage of low-income households who are categorized as large related households, the mismatches between housing rents and ability to pay, and priority given to very low- income households over low-income households lead to assigning a Medium priority to large related households in the 3 1 to 50 percent income category. 8. Priority Medium: Low-Income (51-80% MFI) Non-Elderly, Small Family Renter Households Objective: Assist 52 Households According to the 1990 Census, there are 601 low-income, small family (2-4 persons), renter households in Carlsbad. Small related households represent 34 percent of the total number of low-income renter have incomes betweer~ 5 1 to 80 percent of median. 1"..:?-.1- Li..t-..,~~.~d&. In addition, snail related househc!ds are the least likely cf all the other howehold types to Small related households are just as likely to face some type of housing problem as other household types with the exception of large related households and are experiencing relatively the same housing cost burden problems. It is estimated that 90 percent of these small related households have housing problems and 81 percent of the households pay more than 30 percent of their income towards housing rents. Of those paying more than 30 percent of their income towards housing rents, 39 percent are actually paying more than 50 percent. Low-income small related households do not experience as great a cost burden of paying more than 50 percent of their income towards housing rents than their very low-income counterparts. In addition, low- income households have more disposable income remaining after covering the cost housing than do households earning 50 percent or less of median income. Therefore, due to the anticipated lack of adequate funds, very low-income households are given priority over low-income households. City of Carlsbad - Consolidated Strategy & Plan Section II: Five-Year Strategic Plan Page 12 When examining the housing stock's ability to house such households, an analysis of the City's housing stock and market conditions shows that there is a significant number of tsvo-bedroom units available to adequately house small related households of two to four persons but not enough one-bedroom units would be available (see Table 24). In comparing the affordability of occupied and vacant units, there is a severe shortage of dwelling units of any size affordable to low-income households. As shown in Tables 27 and 28, only 31 percent of the occupied two-bedroom units and 29 percent of the 494 two-bedroom units available for rent are offered at rents affordable to households earning between 0 to 80 percent of the median. The relatively large percentage of low-income households who are categorized as small related households, the mismatches between housing rents and ability to pay, and the priority of very low- income over low-income households, lead to assigning a Medium priority to small related households in the 5 1 to 80 percent income category. 9. Priority Medium: All Other Low-Income (51-80% MFI) Renter Households Objective: Assist 52 Households The 1990 Census shows that there are approximately 663 low-income renter households containing non- elderly single persons or groups of unrelated individuals in Carlsbad that earn between 5 1 to 80 percent of the median family income. These households represent 37 percent of the total number of low-income renter households, the largest household type within this income group. "All other" households are more likely to have incomes between 5 1 to 80 percent of median than incomes below 50 percent of median. In comparison to the other household types with the exception of large, related households, "all other" low-income households are just as likely to face some type of housing problem or a housing cost burden problem. It is estimated that 91 percent (606 households) have housing problems. Of the 591 households paying more than 30 percent of their income towards housing rents, 258 households pay more thzn 50 percent. Low-income "all other" households do not experience as great a cost burden of paying more than 50 percent of their income towards housing rents than their very low-income counterparts. In addition, low- income households have more disposable income remaining after covering the cost housing than do !-,cusc:lo!ds easing 5'3 pxcent or iess of median income. Therefore, due to the anticipated lack of adequate funds, very low-income households are given piiority over low-income households. When examining the housing stock's ability to house such households, an analysis of the City's housing stock and market conditions shows that efficiency or one-bedroom units typically needed by these small households are greatly lacking in the City of Carlsbad in relation to the number of households needing this unit size (see Table 24). According to Table 28, of the 178 efficiency or one-bedroom units available for rent, only 36 percent of the units are affordable to persons with an income between 0 to 80 percent of the median. The relatively large percentage of low-income households who are categorized as non-elderly single persons or groups of unrelated individuals, the mismatches between housing rents and ability to pay, the high demand and small scpply of efficiency and one-bedroom units, and the priority given to very low- income households over iow-income households lead to assigning a Medium priority to "all other" households in the 5 1 to 80 percent income category. Citv of Carlsbad - Consolidated Stratem & Plan Section II: Five-Year Strategic Plan Page 13