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*
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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.
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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.”
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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
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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
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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.
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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.
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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%
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- - ". -. ~ "._."""...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
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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?
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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.
" "_ -
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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
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. . . . . . .... . .... .. __ . . . . . . -. . "_ . . . .. . . . ... . . .. . . . .. ... .. _._"_."__._."_._..._".".""_.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
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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
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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
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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.
__
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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.
___"_ ""
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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
..
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-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
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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
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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
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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
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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.
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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
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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.
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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.”
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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
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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.
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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
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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.
~ -
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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
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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
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~ 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 .
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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
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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
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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
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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
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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
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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
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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