Analysis of Impediments to Fair HousingPlanning Services Department
City Hall
50 West 13th Street
Dubuque, IA 52001 -4864
(563) 589 -4210 phone
(563) 589 -4221 fax
(563) 589 -6678 TDD
planning@Cityofdubuque.org
The Honorable Mayor and City Council
City of Dubuque
50 W.13 Street
Dubuque, IA 52001
RE: FY 2011 -2015 Analysis of Impediments to Fair Housing
Dear Mayor and City Council Members:
Introduction
The Long Range Planning Advisory Commission reviewed the recommended FY 2011-
2015 Analysis of Impediments to Fair Housing.
Background
One of the roles of the Long Range Planning Advisory Commission is to report on the
consistency of the Analysis of Impediments to Fair Housing with the adopted
Comprehensive Plan.
Recommendation
By a vote of 4 - 0, the Long Range Planning Advisory Commission finds the FY 2011-
2015 Analysis of Impediments to Fair Housing is consistent with the 2008 Dubuque
Comprehensive Plan.
Respectfully submitted,
Jim Prochaska, Chairperson
Long Range Planning Advisory Commission
cc: Michael Van Milligen, City Manager
Masterpiece on the Mississippi
February 22, 2010
Analysis of Impediments to Fair
Housing
City of Dubuque Action Plan 2010
January 2010
Authored by: Kelly Larson, Human Rights Director
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ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING
City of Dubuque Action Plan
Purpose
The purpose of the Analysis of Impediments to Fair Housing (Al) is to make sure that
local communities are partners in affirmatively furthering fair housing. The purpose of
the Fair Housing Act is to ensure that people are not denied housing opportunities
because of their race, color, national origin, religion, sex, disability, or familial status.
Fair housing impediments are those things that: 1) are done because of race, color,
national origin, religion, sex, disability or familial status, or 2) have the effect of
restricting available housing choices for people of a particular race, color, national
origin, religion, sex, disability, or family status.
Ultimately, the study should further the goal of making effective fair housing planning
strategies a part of overall community planning and development. This includes
ongoing efforts to: 1) analyze and eliminate discrimination; 2) promote fair housing
choice; 3) provide opportunities for inclusive patterns of housing occupancy regardless
of protected class status; 4) promote housing that is structurally accessible to and
usable by all kinds of people, including those with disabilities; and 5) foster compliance
with non - discrimination laws. Such steps should maximize peoples' ability to choose
where to live, as the choice of where to live affects access to schools, jobs, and the
ability to engage as an equal member of the community.
Overview of Study
The John Marshall Law School Fair Housing Legal Support Center completed an Al for
Dubuque in 2001. In 2009, Alta Vista Research conducted an Al to identify the extent to
which certain impediments identified in 2001 continue to exist and to identify additional
potential impediments. They completed a Rental Property Survey (Appendix A), an
Analysis of 2008 Home Mortgage Disclosure Act Data (Appendix B), and a
Consolidated Population, Housing, and Market Analysis (Appendix C). In addition, in
preparing this document we reviewed the 2009 Rental Market Overview for Dubuque,
completed by Real Property Research Group for the Iowa Finance Authority (Appendix
D).
The Alta Vista study found that in general, women and African - American individuals are
disproportionately represented in the homeless population in Dubuque in comparison to
their general presence in the community. Consequently, programs to address
homelessness have fair housing implications. The study also found that 60% of female
single parents with children under the age of 5 are living below the poverty level.
Similarly, 20% of people with a disability live below the poverty level, nearly 15% of the
population of Dubuque is 65 or older, and 37% of the people in this age group have a
disability and 26% of people in this age group live below the poverty level. Finally, four
of the five most racially diverse census tracts are also among the top five tracts for the
prevalence of poverty. The single most diverse census tract — Tract 1 with 16.5%
minority population — is the most impoverished with a median family income of $33,300
and a 23.9% poverty rate. A minimum wage employee in Dubuque must work 61 hours
a week in order to have a "housing wage" — one that does not require them to spend
more than 30% of their income on housing costs. If the employee has a job that pays
the estimated average wage of $10.28 per hour, they must work 43 hours a week to
meet this "housing wage" threshold. Given these current demographics of the Dubuque
community and the over - representation of protected class members amongst those
living in poverty, many of the potential fair housing problems and impediments will be
addressed by the Consolidated Plan and the numerous low- moderate income housing
programs already being planned for the community.
Impediments to Fair Housing in Dubuque
A Lack of Diverse Stock of Accessible, Affordable Housing
The first impediment identified in the 2001 study was the lack of a large stock of decent
affordable housing in Dubuque. The 2001 study specifically recommended: 1) an
increase in the development and preservation of decent, affordable and accessible
housing, 2) an increase in the amount of accessible housing, and 3) support for the
development of housing options for the more needy residents of Dubuque.
Since 2001, the City has engaged in a series of public /private partnerships to improve
the availability of accessible, affordable housing, including development of options for
residents with low and moderate incomes. These projects included a single room
occupancy development for low income women with special needs, Manasseh House.
Two more projects not only were designed for low income residents, but also included
accessibility features beyond bare minimum legal requirements and towards universal
housing design. Those projects included the 759 Bluff renovation by Step by Step, Inc.
and the Washington Court apartment complex by Gronen Restoration. A report on the
Washington Court project, compiled by the University of Iowa Law School's Legal Clinic
is included in Appendix E. The executive summary of this report was accepted for
publication in the ABA Journal of Affordable Housing and Community Development. To
an even greater degree, the 759 Bluff project includes a variety of universal design
features including roll under counters and appliances, roll -in showers, etc. The project
is the subject of a video on Universal Housing Design, which can be viewed at
www .cityofdubuque.org /humanrights. The project and video have been used
throughout the community to raise awareness of the value of universal housing design.
In addition, the City of Dubuque in 2008 added a specialized inspector position in the
Building Services Department to focus specifically on building accessibility. This
inspector conducts plan reviews for new multi - family housing in Dubuque to evaluate
compliance with the Fair Housing Act and also educates the community on the benefits
of accessible design.
Despite the work that has been accomplished in this area, it appears that the need for
decent affordable accessible housing remains. First, the Rental Market Overview
prepared for the Iowa Finance Authority indicates that, with the addition of 1,300 jobs at
IBM and the anticipated demographic changes that will follow, there will be an increased
need for a diverse stock of affordable market rate housing. According to the IFA study,
quality market rate housing, which is also affordable, is limited in the City, particularly
downtown. Given the anticipated IBM - related household growth, income restricted units
alone will not meet the needs — modern, high quality, market rate, multi - family rental
communities are needed.
Second, according to the study by Alta Vista Research, low income female headed
households will continue to rely on subsidized rental housing options, with 60% of
female single parents with children under the age of 5 living in poverty. Overall, 77% of
families below the poverty level live in renter occupied housing, and nearly 40% of
renter - occupied units house families who are spending more than 30% of their income
on housing costs. In addition, 20% of people with disabilities live at the poverty level,
and 37% of the population age 65 and older has disabilities. Two thirds of the City's
housing stock is forty years old or older, lacking accessibility features and modern
amenities that many households have come to expect. Alta Vista suggests that it is
likely Dubuque will continue to experience an increase in single - parent households, an
aging population, and those seeking housing alternatives. Alta Vista also discusses the
need for new rental housing and renovations that provide a greater variety of options to
meet diverse needs of residents, including reducing the number of renter occupied units
that have undesirable features like inadequate plumbing or kitchen facilities (currently
nearly 40% of rental units have undesirable features), and increasing the number of
units with designs and features that are more user friendly for people with disabilities.
A Limited Number of Minority Role Models
The second impediment identified in 2001 was that Dubuque is an environment where
there are few minorities to serve as role models. The study specifically recommended:
1) efforts to increase and retain the number of new residents in the community, and 2)
efforts to increase the number of qualified minorities in positions of prominence in the
community.
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Since 2001, the City of Dubuque embarked on a variety of efforts to address these
concerns. The City recognized that succeeding at the recommended actions would first
require the creation of a climate where people of diverse backgrounds are valued and
included. The City Council allocated more than $60,000 over a three year period to
undertake an Intercultural Competence Initiative. This initiative involved hiring a
consultant who worked with a broad range of City staff to: 1) assess the current climate
of the organization; 2) provide a report and recommendations for improving the
recruitment and retention of diverse candidates in particular; and 3) develop the
capacity of the City organization to continue working towards a more inclusive work
environment. The latter step included 90 hours of "train- the - trainer" work with training
team and a steering team members. The training team and subcommittees continue to
provide intercultural training opportunities and skills reminders for City staff throughout
the organization. The steering team continues to evaluate the culture of the
organization and recommend changes to policies and procedures that are likely to lead
to more effective recruiting and retention of employees of various backgrounds. The
City also has hired a full -time Training and Workforce Development Coordinator to
coordinate the ICC effort.
The City also has been actively involved in recruiting IBM to locate in the community,
bringing 1300 living wage jobs and an increasingly diverse workforce to the community.
Because Dubuque has a disproportionate number of people in protected classes living
in poverty, particularly African - Americans, it is critical that more middle -class minorities
locate and remain in Dubuque to counteract negative assumptions and stereotypes. To
assist in this regard, the City has partnered with others in the community to create
Dubuque Works — a program with specific marketing and welcoming components for
new residents who move to the community to join the workforce. The City also
recognizes its obligation to work with community members in poverty to support them in
reaching their potential. Because a disproportionate number of those in poverty are in
various protected classes (African- Americans, families with children, people with
disabilities), and because income and employment directly affect housing opportunity,
these efforts have fair housing implications. Consequently, the City partners in Project
H.O.P.E. (Helping Our People Excel). Project H.O.P.E. is focused on connecting the
unemployed and underemployed to community resources and supports various
programs that have a particular focus on improving employment skills for people in
poverty, people with disabilities, and ex- offenders.
The City also recognizes the cultural barriers many residents face in the community and
has allocated significant funding to the Multicultural Family Center, including renovating
the facility, hiring a full -time director, and part-time assistant director. The Multicultural
Family Center works to foster a welcoming Dubuque built on a foundation of
understanding and collaboration across racial, ethnic, and socioeconomic differences,
and is committed to producing engaged families and community members. The Center
serves as an inviting and safe place for community members, stimulates connections,
provides programs to foster civic engagement and social and economic success, and
works to build unity out of diversity.
There has been a demographic shift occurring since the 2001 study. The American
Communities Survey estimates that from 2000 to 2005/2007, there was a 72.3%
increase (from 700 to 1,206) in the number of African American residents, a 48.5%
increase (from 390 -579) in the number of Asian residents, a 43% increase (from 553-
791) in the number of community members of two or more races, and a 23.1% increase
(from 911 to 1,121) in the Hispanic population. In addition, minority community
members (as discussed earlier in this report) are disproportionately represented in the
lower income levels. Consequently, the impediment identified in 2001 remains, and it is
critical that the City continue the efforts listed above in order to improve retention of new
community members and development of minority role models in positions of
prominence in the community.
The Perception that Dubuque is not a Welcoming and Inclusive Community
for Minorities
The third impediment identified in 2001 was the perception that Dubuque is not a
hospitable community for outsiders and particularly minorities to locate. The study
specifically recommended: 1) working to improve the image of Dubuque as a diverse
community both internally and externally; 2) expanding fair housing enforcement by
expanding the classes protected by the Human Rights ordinance; and 3) increasing
positive interaction amongst diverse populations in housing and employment.
Since 2001, the City has engaged in the numerous activities discussed under the
preceding impediment to improve the image and the reality of Dubuque. In addition, the
City has amended its fair housing ordinance to include sexual orientation and gender
identity. The City also began offering domestic partner benefits to its employees even
before the Iowa Supreme Court's marriage equality ruling. As part of the City's ICC
initiative, the City has created the "Diverse Dubuque" web page, which markets the
City's commitment to creating a diverse and inclusive environment. In addition,
Dubuque Works has the Distinctively Dubuque program, which is a welcoming program
for new community members to connect them to one another and to the Dubuque
community as a whole. The Human Rights Department also has created a Speakers'
Bureau. This Bureau consists of community volunteers of various backgrounds who are
willing to speak to groups regarding their experiences as a minority in Dubuque. The
goal of the Speakers' Bureau is to build dialogue and understanding, thus increasing
positive interaction amongst diverse members of the community. Current speakers
focus on their experiences of race, sexual orientation, disability, and national origin in
the Dubuque community. Finally, the City's ICC training efforts are focused on
improving dialogue and understanding across cultural differences. By training people
how to recognize cultural differences that may lead to misunderstanding, the ICC efforts
are helping to improve communication and understanding across diverse groups, thus
improving positive interactions.
As indicated above, the Alta Vista study indicates that given the recent demographic
changes, this impediment remains and it is critical that the above actions be continued.
In addition, the swift demographic changes that have been experienced, the correlation
between race and poverty, and a recent series of violent crimes committed by African
American males has led to a demonstrable increase in fear and racial tension. Thus,
efforts to reduce this tension and foster increased positive interactions are imperative.
The Failure of Victims of Housing Discrimination to File Complaints and the
Absence of a Deterrent for Subtle Housing Discrimination
The fourth impediment identified in 2001 was the failure of victims of housing
discrimination to file complaints. The study specifically recommended: 1) expansion of
fair housing enforcement by having the Human Rights Commission file commission -
originated complaints when warranted; and 2) expansion of the education and outreach
program of the human rights commission. Since 2001, the Human Rights Department
has added a full -time staff member to assist with investigations and educational efforts.
The Department also undertook an accessibility audit of multi - family housing, resulting
in a series of commission - initiated complaints and resulting conciliation agreements.
On the education side, the Department has created a fair housing video, and that video
is shown to all new Section 8 rental recipients as they attend their briefings. These
individuals also are given a copy of the Department's Fair Housing booklet. Staff has
also generally increased fair housing outreach. There has been limited change in fair
housing complaint filings, and most filings have resulted in settlements or findings of no
probable cause. The Department does currently have a fair housing case involving
sexual harassment of women with disabilities in district court and will continue to
vigorously pursue the case.
The fifth impediment identified in 2001 was the related impediment of a lack of an
effective deterrent for those who engage in subtle forms of housing discrimination. The
study specifically recommended: 1) establishment of a fair housing testing and
education program; and 2) establishing a fair housing audit and enforcement program.
The City has not undertaken a housing testing or audit program other than the
accessibility audit mentioned above and an audit of Condominium Association by -laws
for facial violations. The lack of a formal housing testing program remains an
impediment to fair housing in Dubuque. Without a testing or audit program, it is
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impossible to know whether or not subtle housing discrimination is occurring in
Dubuque.
The Limited Amount of Minority Homeownership
The final impediment identified in 2001 was the small number of minority homeowners
in Dubuque. The study specifically recommended: 1) an increase in minority home
ownership; 2) guarding against predatory lending practices; and 3) an increase in
awareness of lending issues facing Dubuque. Since 2001, the Housing and Human
Rights Departments have engaged in various outreach and education initiatives with
local lending institutions. The Housing Department drafted fair lending guidelines and
accompanying certifications for lenders participating in City programs, designed to limit
abusive lending terms in City- sponsored programs. Both departments also worked with
lenders to sponsor a home -buyer seminar with a special emphasis on minority outreach
and predatory lending education. One third of the thirty participants were minorities. In
addition, the Housing Department continues to offer mod -rehab loans and homebuyer
incentives in the Washington Neighborhood, the most racially diverse neighborhood in
the community.
The current study by Alta Vista Research indicates that the single greatest reason for
denial of home purchase loans, regardless of race, ethnicity, etc, was credit history.
Denial rates are greatest for applicants in the low income categories regardless of other
factors such as race. Denial rates are more than twice as high for the lowest income
applicants (16.4% compared to 5.7% for other income categories combined). However,
individuals in the lowest income categories still are more often than not able to secure a
home purchase loan, but securing that loan is more difficult than for others. Applicants
at Tess than 50% of the median income had 75.5% origination rates, with denial rate of
16.4 %. This compares to 84% origination rate and 8.5% denial for 50 -79% median
income; 87% origination and 4.5% denial for 80 -99% median income; 87% origination
and 3.4% denial at 100 -119% median income.
HMDA data also indicates that there is limited number of non -white applicants for home
purchase loans, meaning that there is a continuing need for education, awareness,
outreach, and credit counseling. During 2008, not a single African American sought a
conventional home purchase loan. Other minorities accounted for 2.3% of the
applications, or 27 applications. Of those, 20 were originated and three were approved
but not accepted by the borrower.
The Alta Vista study noted that mortgage lending in two of the most critical census
tracts —1 and 5 — have fallen from past levels and face higher than average denials in
home purchase loans as well as significantly higher denial rates for refinances and
home improvement. Census tracts 1 and 5 have the greatest income pressures and are
key areas of concern for housing affordability and lending. These are also most
diverse, with an estimated 17% and 7% minority population respectively. During 2008
there was a high number of people trying to refinance and denial rates on refinances
were 24% across the city, with a denial rate of 45% in Census tract 5. Alta Vista was
unable to offer any conclusions regarding underlying reasons for the denials in these
high minority areas, though the correlation with both poverty and race in those areas
was noted.
Alta Vista recommends reaching out to low income households to educate and assist
with overcoming the most common mortgage lending obstacles, with a particular focus
on reaching minority families with information about the range of available home loan
options. In addition, given the disproportionate number of protected class members
living in poverty, assisting the unemployed and underemployed through activities like
Project HOPE remains a priority. Finally, with the high number of people in poverty in
census tracts 1 and 5, efforts to promoted mixed - income homeownership in those areas
is critical.
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Increase the development and
preservation of decent, affordable
and accessible housing.
1. Encourage the development of high quality, market
rate multi - family rental communities.
2. Reduce the number of rental properties with
undesirable features through improved code
enforcement and rehabilitation assistance.
Economic
Development
Housing &
Human Rights
Ongoing
B. Increase the amount of
accessible housing and housing
with universal design features.
1. Encourage inclusion of accessibility and universal
design features in all new and renovated housing,
even if not legally mandated, including in the Historic
District.
Economic
Development
Housing
g
Human Rights
Ongoing
C. Support the development and
disbursement of housing options
for the more needy residents of
Dubuque.
q
1. Provide strong, positive leadership when new
developments are challenged by neighbors in the
developing areas.
2. Encourage disbursement of developments to avoid
concentrations of poverty.
3. Apply for. HUD rent - exceptions to allow those with
Section 8 rental assistance access to a broader range
of units throughout the community.
4. Encouraged mixed income housing units in the
Historic Millwork District.
Housing
Planning
Economic
Development
Ongoing
Fair Housing Action Plan for City of Dubuque
Impediment No.1 — The Lack of a Diverse Stock of Accessible Affordable Housing Dispersed Throughout
Dubuque
2
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Increase and retain the number
1. Continue to attract new residents by increasing the
Economic
Ongoing
of new residents in the community.
economic base of the community.
Development
2. Welcome and connect new residents of all
backgrounds through the Distinctively Dubuque
program and the Multicultural Family Center.
Leisure Services
Ongoing
3. Support the efforts of Dubuque Works and encourage
a specific focus on attracting and retaining a diverse
workforce.
Human Rights,
City Manager
Ongoing
Fair Housing Action Plan for City of Dubuque
Impediment No.2 — An Environment Where There are Few Minorities to Serve as Role Models
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Continue to work to improve the
image of Dubuque as a diverse
community both internally and
externally
1. Support the work of the Multicultural Family Center.
Leisure Services
Ongoing
B. Increase positive interaction
amongst diverse populations in
housing and employment, with a
particular focus on reducing racial
tension.
1. Welcome and connect new residents of all
backgrounds through the Distinctively Dubuque
program and the Multicultural Family Center.
2. Support cross - cultural events at the Multicultural
Family Center
3. Continue the Speakers' Bureau
4. Continue the City's ICC efforts, including training
initiatives
Leisure
Services, City
Manager
Leisure Services
Human Rights
Human Rights
Personnel
Ongoing
Ongoing
Ongoing
Ongoing
Fair Housing Action Plan for City of Dubuque
Impediment No.3 - The Perception That Dubuque is not a Welcoming and Inclusive Community for Outsiders and
Particularly Minorities to Locate
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Continue and expand the
education and outreach program of
the Human Rights Commission
1. Distribute brochures and market fair housing at City
Expo.
2. Continue media outreach on fair housing issues.
3. Continue use and distribution of Fair Housing video
and Guide.
Human Rights
Human Rights
Human Rights
Every April
Every April
Ongoing
B. Establish a fair housing audit or
testing program
1. Human Rights Commission to investigate whether to
recommend that City Council establish a fair housing
testing program and, if so, under what circumstances.
Human Rights
2011
C. Take strong enforcement action
in fair housing cases where there
has been a finding of probable
cause.
1. Pursue current case involving sexual harassment of
women with disabilities that is pending in district
court.
Legal Dept.
2010
Fair Housing Action Plan for City of Dubuque
Impediment No.4 — The Failure of Victims of Housing Discrimination to File Complaints and the Absence of a
Deterrent for Subtle Discrimination
2
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Increase minority home
ownership
1. Encourage active outreach and marketing to minority
community regarding the range of available products
and the availability of assistance.
Housing
Human Rights
Ongoing
B. Promote mixed income
homeownership in the most diverse
census tracts
1. Continue the Washington Neighborhood
Revitalization efforts and home purchase incentives.
Housing
Ongoing
Fair Housing Action Plan for City of Dubuque
Impediment No.5 - The Small Number of Minority Home Owners in Dubuque
Appendix A - Insert Rental Property Housing Impediments
OBJECTIVE
ACTIVITIES
DEPARTMENT
RESPONSIBLE
TIME
FRAME
A. Increase minority home
ownership
1. Encourage active outreach and marketing to minority
community regarding the range of available products
and the availability of assistance.
Housing
Human Rights
Ongoing
B. Promote mixed income
homeownership in the most diverse
census tracts
1. Continue the Washington Neighborhood
Revitalization efforts and home purchase incentives.
Housing
Ongoing
Fair Housing Action Plan for City of Dubuque
Impediment No.5 — The Small Number of Minority Home Owners in Dubuque
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