6 15 15 Work Session_Voluntary Compliance Agreement & Analysis of Impediments to Action Plan Copyright 2014
City of Dubuque Work Session # 1.
ITEM TITLE: 5:15 PM - Voluntary Compliance Agreement & Analysis of Impediments
Action Plan
SUMMARY:
SUGGESTED DISPOSITION:
ATTACHMENTS:
Description Type
❑ Work Session on Voluntary Compliance Agreement-MVM Memo City Manager Memo
❑ Staff memo Staff Memo
❑ VCA Power Point Presentation Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Work Session on Voluntary Compliance Agreement and Action Plan to
Remove Impediments to Fair Housing
DATE: June 9, 2015
Housing and Community Development Department Director Alvin Nash is transmitting
information for the Work Session on Voluntary Compliance Agreement and Action Plan
to Remove Impediments to Fair Housing.
// S4-z:n='
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing and Community Development Department Director
THE CITY OF Dubuque
AII11-America CiI.ty
UB E1
Masterpiece on the Mississippi 2007-2012-2013
TO: Mike Van Milligen
FROM: Alvin Nash
DATE: June 8, 2015
RE: Work Session for Voluntary Compliance Agreement and Action Plan to
Remove Impediments to Fair Housing
It has been over one year since the City Council, Mayor, and City Manager signed the
Voluntary Compliance Agreement (VCA). During the June 15, 2015 work session, from
5:15 pm to 6:15 pm I will review the progress the City has made with regards to the
VCA. We will also review the Analysis of Impediments and the Action Plan to remove
barriers to fair housing.
Attached is a power point presentation you may follow along with during the
presentation.
Voluntary Compliance
Agreement (VCA) Update
• Introductions / History
o Crenna Brumwell
• Analysis of Impediments
o Kelly Larson
• Consistency with the Consolidated Plan
o Erica Haugen
• Action Plan / Looking Ahead
o Alvin Nash
Background
• HUD Civil Rights Compliance Audit (Section 8) June 20-24,
2011
• HUD audit analyzed changes to Section 8 Housing Choice
Voucher Program primarily between 2009-2011, including:
o Modifications to the residency preference point allotment
o Elimination of very low income preference
o Reduction in the number of housing vouchers utilized
o Waitlist purge
4
HUD Findings of Noncompliance
• HUD Letter of Findings of Noncompliance received June 19,
2013
o Summarized HUD's findings
o Reviewed the program changes
o Cited specific actions by the City determined to be in
violation of HUD regulations
Specific HUD Findings
• Dubuque is not in compliance with Civil Rights laws and
protections. The result of City actions (below) is discrimination
based on race in administration of the Section 8 program
o Improper preference point allotments
o Elimination of very low income preference
o Freezing the issuance of vouchers
o Wait list purge
o Safe Community Task Force actions targeted at Section 8
participants
o Police officer in Housing & Community Development
(H&CD) Department paid by H&CD budget
o Failure to Affirmatively Further Fair Housing
Voluntary Compliance Agreement
til
• Written settlement agreement with H U D
• Negotiated
• Avoided fines, sanctions, and other penalties
• VCA was not an admission of any liability by City that any City
policy or procedure had a discriminatory effect on a protected
class or that the City intended to discriminate against anyone
in a protected class, or that the City agrees with HUD's
findings.
Generally
• Applies to all federally funded projects, developments, and
related facilities or programs/activities of the City
• City programs and facilities required to comply with Title VI,
Section 109, obligations to AFFH, and refrain from retaliation
• Effective for seven (7) years from signature
• No creation of a private right of action for any person/class of
persons not a party to the VCA
• No impact on HUD or City's remedies under
statutory/regulatory authorities unrelated to issues not covered
by the VCA
• City required to provide a copy of reporting data to public in
accordance with law
• VCA supersedes any other guidance provided by HUD
• VCA does not supersede any court orders or settlements in
effect
• City will provide notices, communications, and
correspondence in alternate forms as requested per the CFR
• City shall hire or appoint necessary personnel to oversee
7
compliance efforts
Agreement Administrator
• Alvin Nash, Housing & Community Development Director
o Coordinate compliance with Title VI Civil Rights and
Section 109 Fair Housing laws/statutes
o Coordinate implementation of HUD regulations and the
VCA
o Submit reports, records and plans required by the VCA
o Coordinate the activities of those assisting with
implementation
Analysis of Impediments (Al)
• City required to update 2010 Al to include:
o History of race relations
o Analysis of City policies and practices that were
impediments to fair housing choice
o Fair Housing Action Plan, including steps to:
✓ Overcome identified impediments
✓ Address the discriminatory effects of the voucher
reduction
✓ Integrate affordable housing available without regard
to race or ethnicity
✓ Create equal housing opportunities
Amendments to the Section 8 Administrative
Plan (Admin Plan)
• Required submission of an amended or new plan to HUD
within ninety (90) days
• Admin Plan was approved by HUD, the Resident Adviso
Board, and the Housing Commission as required `
2015 Consolidated Plan (Con Plan)
• Required to include:
o Explanation of the decrease in vouchers
o Effects on the lack of affordable housing, loss of funds to
the community, African Americans previously eligible to
participate, the African American community in Dubuque,
and the worsening of the impediments identified in the
Analysis of Impediments to fair housing
o Tables and maps summarizing location of affordable
housing and community need
o Barriers to affordable housing
o Strategic plan to summarize priorities and objectives to
address Letter of Findings and use of federal funds
o Specific proposal to expand Section 8 Program
.=_0 €.1.0.)1.7:
.=7777777.
2015 Consolidated Plan (Con Plan)
• Manner in which City will provide assistance to the operations
of Section 8 to produce sustained and substantial benefit to
participants
• Factors affecting affordable housing
• Strategic planning to address corrective actions identified by
HUD
Consolidated Annual Performance and
Evaluation Report (CAPER)
• Must report on actions taken to address the allegations and
findings contained in the Letter of Findings
• CDBG reporting shall include race and ethnicity data for those
assisted with CDBG funds and how they are utilized to assist
the Section 8 Program
PHA Annual Plans
• We are no longer eligible to submit streamlined plans and
must submit full plans on a yearly basis
Annual Action Plan (AAP)
Required to:
• Reflect the obligations under the VCA in light of the Letter of
Findings
• Include specific affordable housing objectives to address the
diminished availability of affordable housing
• Include specific one year goals to Affirmatively Further Fair
Housing
• Provide description of activities the City will undertake to
address allegations and findings in Letter of Findings
• Include description of manner in which city will provide
financial or other assistance to improve its operations and
address the Letter of Findings
• Include actions City will take to remove/ameliorate the
negative effects of the findings
2015 PHA 5 -Year Plan
Must include:
• SEMAP rating information
• Voucher usage and history
• Timeline of events leading to the Finding of Noncompliance
• Plans to address the allegations and findings
• Include goals to ensure equal opportunity in housing to reflect
market demand, outreach programs, and marketing plans
• Analysis of availability of affordable housing in Dubuque
Employee Education and Training
• Annual three (3) hour training required for seven (7) years for:
o Mayor and City Council
o Housing Commission
o Long Range Planning Commission
o Community Development Advisory Commission
o Core Group:
✓ Housing & Community Development
✓ Human Rights
✓ Planning & Zoning
✓ Police Department
✓ City Manager's Office
• First training was in August 2014
• 2015 plan to be submitted to HUD shortly for review and
approval
Outreach Plan
• Approved by HUD
• Goal is to ensure that information regarding the Section 8 and
Homeownership Programs reach minority populations within
Dubuque and surrounding interstate areas
• Evidence of implementation submitted to H U D
• Add questions to applications to track how applicants become
aware of the program
Recordkeepinq Requirements
• Submit B i -Annual Waiting List Reports during the term of the
VCA
• Continue to maintain the data for five years after the close -f
the VCA r
Bi -Annual Status Reports (BSR)
• Submitted for duration of VCA
• Contain information on:
o Progress towards compliance with Title VI Civil Rights and
Section 109 Fair Housing laws/statutes
o Progress on VCA requirements
General Reporting
• Reports to the Office of Fair Housing and Equal Opportunity
• All plans submitted to multiple HUD offices:
o Community Planning and Development
o Public Indian Housing
o Fair Housing and Equal Opportunity
Recordkeeping Requirements
For seven (7) years maintain:
• Applicant files
• All participant files
• Racial composition statistics for Housing and Community
Development Programs
• All race -related complaints, claims, grievances, investigative
records, and grievance process materials
iiirnnnnmr
Implementation, Monitoring, and
Enforcement
• Each responsive component of the VCA to the LOF must be
submitted to HUD for review
• Meet with HUD quarterly for the first year to discuss progress
• At it's discretion, HUD may convene meetings with Agreement
Administrator, City Administration and Mayor and City Council
to discuss implementation progress, proposed modifications,
or other business related to VCA
• HUD reserves the right to conduct periodic on -sight reviews for
compliance
• City may request extension of deadlines for good cause
• Failure by HUD to enforce any provision is not a waiver of its
right to do so
Effect of Noncompliance
• HUD will provide written notice of non-compliance and
opportunity to correct or negotiate with H U D
• Further failure to comply may result in additional action as
allowed under law including:
o Declaring a breach of the annual contributions contract
o May serve as grounds for the U.S. to seek specific
performance of any or all of the provisions in Federal
Court
o May serve as grounds for additional compliance
reviews
o May serve as grounds for the U.S. to peruse an action
in Federal Court for failure to comply with Civil Rights
Authorities
• Remedies are not mutually exclusive
• HUD may pursue any or all remedies or any other remedies
available under law
Analysis of
Impediments to Fair
Housing Choice
Accomplishments
@HOME
a better way of living
Fair Housing
Intent
Impact
Fair
What is the Analysis of
Impediments?
Implement
Plan
Develop
Plan
Assess
Data
Review a
Prioritize
What Goat Areas must we
Assess and Address?
Fair Housing
Compliance
Access to
Community
Assets
Segregation a
Concentration
of Poverty
More Severe
Housing Needs
I
What Did VCA Specifically Require?
Update 2010 Al to Include:
A History of Race Relations
City Policies/Practices that Operated as
Impediments
A Detailed Action Plan to:
• Overcome Identified Impediments
• Address Discriminatory Effects of Voucher Reduction
• Integrate Affordable Housing
• Create Equal Housing Opportunities
@HOME
o bener way of living
What have we Accomplished?
► Hired outside consultants to complete the update
► Cappell Statistical Consulting to conduct the statistical analysis
► Bill Blum, prior Assistant City Attorney, to write the history of race
relations
► John Marshall Fair Housing Legal Support Center to review the
data, the Letter of Findings, the Voluntary Compliance Agreement,
and update the 2010 Al
► Staff created action plan based on consultant recommendations
and our local context
► Submitted for HUD approval
► HUD approved with a few additional recommendations for
consideration
Impediment Actions to Address
► City policies and
practices that had a
disproportionate
negative impact
► Preference points
removed
► Program participation
first come -first served
with limited exceptions
► Criminal terminations Et
denials consistent with
HUD rules
► Work with families to
stabilize housing and
comply with housing
rules and expectations
Impediment: Racial and
Ethnic Concentrations of
Poverty
• Moderate degree of
segregation
• Limited public support for
housing choice
Actions to Address:
• Increase public understanding
of affordable housing needs
and options, and dispel
negative assumptions
• Support affordable housing
development outside these
areas
• Support opportunities and
interest in using vouchers
outside of these areas
• Leverage Housing TIF as a
funding source
r
Tract 6 Block Group 2, Tract 5 Block Group 3,
and Tract 1 Block Group 3 are close to the 37.7%
level for poverty and exceed the 20% benchmark
for Racial/Ethnic concentration.
IN if
Tract 5 Block Group 4:
Estimated Racial/Ethnic
concentration of 36.4% and
a below poverty
level of 51.4%J
Tract 1:
Estimated Racial/Ethnic
concentration of 23.7%
and a below poverty
level of 43.7%.
ME
Data Source: Unit
and Urban Devel
States Department of Housing
merit (HUD) and United States Census.
aCensus Tract 1 Block Group 1
Census Tract 1 Block Group 3
Census Tract 5 Block Group 3
Census Tract 5 Block Group 4
Census Tract 6 Block Group 2
0 Dubuque City Limits
NORTH
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bad
DUB E �Ill�r
Masterpiece on the Mississivvi
Impediment Actions to Address
► Disproportionate
Housing Needs
► Limited number of
housing providers
participating in
voucher program
► Limited number of
affordable units
► Low number of
minority homeowners
► Invite and incent
broader participation in
voucher program
► Provide rental rehab
loans
► Develop additional
affordable units for
various income levels
► Increase homeownership
program outreach
► Develop affordable units
for owner occupancy for
various income levels
Impediment
► Disparities in Access to
Community Assets
► Data gaps
► Disparities in quality of
life indicators -
employment, housing,
education, health,
safety, transportation,
arts Et culture
► Limited community
supports
Actions to Address
► Inclusive Dubuque Equity
Profile &t Action Plan
► Encourage partners to
track data by
demographics
► Improve recruitment for
entry level employment
with City
► Increase neighborhood
engagement
► Police Dept. software &t
best practices review
Impediment Actions to Address
► Lack of Effective
Deterrent to
Discrimination
► Increase public
understanding of fair
housing and disparities
► Pursue independent
testing program
► Increase outreach and
access to complaint
process
► Implement equity tools
for preventative analysis
Consistency with the
2016-2020 Consolidated Plan
► Identify and assess community
needs and develop strategic
investment decisions for the use of
Community Development Block
Grant Funds.
Consolidated Planning
► Collaborative Process to establish a unified vision
for community development actions
► Required by the U.S. Department of Housing &t
Urban Development (HUD) for communities
receiving federal funding such as Community
Development Block Grant (CDBG)
► Integrates economic, physical, environmental,
community, and human services development in a
comprehensive and coordinated fashion
► Planning process allows for broad community input
through a series of public meetings, hearings, and
comment periods
► Designed to build upon local strengths and assets
to coordinate a response to meet the needs of the,,
community
Community Development Process
► Community Development Advisory Commission
• Review, planning, implementation and assessment of
CDBG program
• Identify &t Prioritize Community Needs
• Ensures Citizen Involvement in the process
► Consolidated Plan
• 5 year plan for the use of CDBG
► Housing Priorities
► Neighborhood Et Community Priorities
► Economic Development Priorities
► Planning Et Administration
► Analysis of Impediments
• Identify Barriers to Fair Housing
• Action Plan to Remove Barriers to Fair Housing
57,686
$36,7
23,623
J
57,504
What Can We Learn From
HUD CHAS 2007-2011 Data?
► HUD provides local
communities data to assist
in the Consolidated
Planning Process. This
data assists to understand
the needs of low- and
moderate income persons:
► Demographics
► Housing Needs
► Housing Problems
► Disproportionate Needs
M. Cost of Housing
$44,000.00
$43,000.00
$42,000.00
$41,000.00
$40,000.00
1)
E
8 $39,000.00
13 $38,000.00
$;7,000.00
$36,000.00
$35,000.00
$34,000.00
$33,000.00
Demographics Dubuque, IA
85.00
22,612
Base Year: 2000
Most Recent Year: 2010
• Median Income ■Population (persons) ■Households
50,000
0
40,000 0
cts
30,000
Q
20,000
HUD Data: A Focus on
Affordability
Affordable housing is necessary to support resilient
communities and individual households
► For communities - attracting and keeping employment
opportunities; quality neighborhoods
► For households - self-sufficiency, stability, and improves
life outcomes for children
When is Housing Affordable?
A household should spend no more than 30% of its total
income on housing costs, including mortgage or rent
payments and utilities
► Cost burden- monthly housing costs exceed 30% of monthly
income
► Severe cost burden- monthly housing costs exceed 50% of
monthly income
Factors Influencing Affordability:
► Income level
► Household Size
► Geographic variation (HUD uses the area's median
household income a median housing costs to determine
affordability)
Households Et Household
Composition:
10000
9000
8000
7000
6000
5000
4000
300
200
100
48%
12%
2735
1200
1450
40%
9440
5150
Su',+f 0 30% HAMFI Sum of >30 5►/ Sum of >50 80° Sum of >80-100% Sum of >100%
HAMFI
an Family Income
HAMFI
5000
4000
0
Q
3000
0
s
0
• Household contains at least one
= person age 75 or older
2000
Households
(23,620)
• Total Households *
• Household contains at least one
person 62-74 years of age
1000
0
• Households with one or more
children 6 years old or younger *
• Large Family Households *
• Small Family Households *
Housing Units
Residential Properties by Number of
Units (24,985)
20 or more
units, 1, 717
5-19 units,
2,258
2-4 units,
3,430
Mobile Home,
boat, RV, van,
etc, 932
1 -unit,
attached
structure, 832
1 -unit
detached
structure,
15,816
Owner Occupied Units
13,784
No bedroom,_,
65
edroom,
3 or more
bed rooms,
11,747
Rental Units
9,405
No bedroom, 481
3 or more
bedrooms, 1,89
2 bedrooms, 2,921
Cost Burden: Occurs when housing costs exceed
30% of households adjusted income. Cost burden makes it difficult
for households to meet their basic needs.
Cost Burdened households
spend too much of their
income on housing. As a
result, they are unable to
pay for other things such
as:
► Medical Expenses
► Food
► Education
► Savings Et Retirement
► Recreation Et Cultural
Activities
90%
80%
70%
60%
1
0
50%
0
0
+-, 40%
a)
U
d 30%
20
109
0%
820
58`
13%
Cost Burden
19%
Cost Burden <=30% Cost Burden >30% to
22%
5%
0% 1%
Cost Burden >50% Cost Burden not
<=50% available
■ Owner ■ Renter
14.75°/
?9.07
?4.22%
162.13%
of Households
Cost Burden by Race/Ethnicity
100%
90%
800'
0
70%
600'
%
500/
0
40%
30%
20%
10%
no'
0
Number and Percent of Households with Varying Housing Cost Burdens by Racial/Ethnic
Category
14.73
73.97%
74.73%
8� 71'
°
5.50%
40.28%
C El
38.06%
2.37%
54.17%
100%
0.00%
I6.83
4.95%
78.22%
Jurisdiction as a White Black 1 African Asian (HH=169) American Indian, Pacific Islander Hispanic
whole (HH=22,335) American Alaska Native (HH=4) (HH=505)
(HH=289) (HH=72)
Racial/Ethnic Category
■ .No / negative income (not
computed)
• >50%.
30 to 50%
o <=30%.
Do We Have Enough Affordable
Housing for All Income Levels?
100%
90%
80%
70%
60%
Households
7369
M
10
Units
■ > 80% HAMFI
■ 51% to 80% HA
• 31% to 50% H
■ < 30% HAMFI:
Do We Have Enough Affordable
Housing for All Income Levels?
Households
Housing Units
■ : 8 to 10 D HAMFI
■ 5136 to B:(i HAMF1
■ 31k; to 5056 HAMFI
■ < 30% HAW!
14.75°/
?9.07
?4.22%
162.13%
of Households
Cost Burden by Race/Ethnicity
100%
90%
800'
0
70%
600'
%
500/
0
40%
30%
20%
10%
no%
0
Number and Percent of Households with Varying Housing Cost Burdens by Racial/Ethnic
Category
III
14.73
73.97%
74.73%
8.65%
A ('O/
11111111
35.50%
�r
40.28%
[VOIREE1 >4:1-002b
38.06%
2.37%
54.17%
100%
4.95%
78.22%
Jurisdiction as a White Black 1 African Asian (HH=169) American Indian, Pacific Islander Hispanic
whole (HH=22,335) American Alaska Native (HH=4) (HH=505)
(HH=289) (HH=72)
Racial/Ethnic Category
■ .No / negative income (not
computed)
• >50%.
30 to 50%
o <=30%.
The Next 5 Years
► Consolidated Plan guides the use of federal funds for the next
five years
► The Consolidated Plan is a living document and can be
amended to meet changing needs of our community.
► More than just a plan for the use of CDBG funds, it is a broad
community approach designed to ensure equitable access to
resources to develop neighborhoods offering health and quality
of life benefits such as safety, walkability, open space, healthy
food, recreational activities which are often enhanced by
growing demand for housing development, preservation, and
adaptation.
► It is also a tool. Decisions regarding policy for housing,
economic development, and public services should be
vetted for consistency with the consolidated plan.
Action Plan Highlights:
C.H.A.N.G.E.
Comprehensive Housing Activities for Neighborhood Growth Et Enrichment
► Acquisition of up to 100 marginal properties
throughout targeted neighborhoods which include
vacant and/or abandoned buildings over the next
ten years.
► Expand the Washington Neighborhood Incentives
program for homeownership and rehabilitation
loans.
► First Homeowner Program.
a better way of living
Action Plan Highlights:
C.H.A.N.G.E.
Comprehensive Housing Activities for Neighborhood Growth Et Enrichment
► Rebrand Section 8 Housing Choice Voucher
Program: Employment, Training, Education
► Development of Affordable Housing Units:
► Work Force Housing
► Affordable Housing Definitions
► Homeownership Opportunities
► Officer At Home, OATH
TRAINING GOING FORWARD:
Training Staff and Volunteers
► 1964 Civil Rights Act Training
► 1974 Fair Housing Training
► Non -Discrimination Training with regard to
employment and educational opportunities for all
citizens
► Five Year Consolidated Plan
► Choice Voucher Administrative Plan
► How to Address Impediments to Fair Housing
► How to Affirmatively Further Fair Housing
New Fair Housing Videos
PARTNERSHIPS GOING FORWARD:
► The Four Mounds Program HEART project to assist at
risk youth.
► The Dubuque Board of Realtors
► Community Housing Initiatives
► Greater Dubuque Development Corporation
► Banks and Lending Institutions
► Greater Dubuque Development Corporation Concierge
Program
• Tours
• Housing
• Financial
Institutions
• Health Care
Options
• Education
• Recreation
• Child Care
• Social/Civic
Organizations
• Employment
• Worship
Opportunities
• Utility
Information
• Answer
Questions
RESOURCES:
► Housing Tax -Increment Financing Districts
► Low-income housing economic development TIF
► Generates $11.3 million over a 10 year period with
approximately $4.3 million for affordable housing
► Iowa Finance Authority Workforce Housing Program
► Community Development Block Grant
► Incentives for private sector developers to build
and create affordable opportunities for all income
groups.
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