You dont hear no loud music rolling through your neighborhood. In 2014, the district hired Mike Koprowski, a young former Air Force Intelligence officer with a Harvard degree, to run the Office of Transformation and Innovation.110 Koprowski set out to create a series of new, innovative schools. My main priority was to make sure that I had a roof over my head and my kids heads. In 2016, she took classes to get her GED, but then she suffered a series of setbacks, and for a time, she and her family became homeless.152 She and her kids were staying in a shelter, and at times, had to sleep in a car because we had nowhere else to go.153 Her credit score hit 600, which is in the bottom third of Americans.154, With support from a program called Under One Roof, McGee was able to move to the Mandalay Palms Apartments, which provides affordable units in the Oak Cliff section of Dallas.155 But McGee says people were disrespectful. She continues: I actually stayed in Mandalay Palms Apartments for a year, dealt with all that drama, trafficking, prostitution, drugs, gunshots, all that.156 In addition, the apartment itself was unhealthy, she says. For decades, Dallas and its suburbs had enacted a series of policiesredlining, racially restrictive covenants, and de jure school segregationdesigned to keep Black people like McGee and her children out of wealthier, white neighborhoods. One strategy that many communities have adopted is inclusionary zoning (IZ) local government ordinances that require a certain percentage of new residential construction to be sold or rented at below-market rates. By raising the cost of entry into Sunnyvale, the Town has imposed a barrier that cannot be overcome except by a token number of black households.70, Sunnyvale argued that its exclusionary zoning was justified for the purpose of protecting the public health with septic tanks and to promote environmental protection.71 But the court rejected these arguments as pretexts for discrimination and noted, in any event, that less discriminatory alternatives exist for furthering those goals.72 The court enjoined Sunnyvale from implementing its zoning practices, and required the town to take steps to encourage the development of multifamily housing.73, In 2005, an agreement was reached between the parties to make some units available for low- and moderate-income families.74 But even after the court order, the city resisted, said McCain.75 The litigation dragged on and on for years, and it was not until 2014, some twenty-six years after the litigation began, that a set of affordable multifamily units, Riverstone Trails Townhomes, opened its doors. Highland Park Independent School District vividly illustrates the way in which Dallas schools were segregatedand remain segregated to this day. Full details of inclusionary zoning requirements and options may be found: Unified Housing Policy - inclusionary zoning policy details in Sections III and IV In 1985, Black plaintiffs sued the Dallas Housing Authority (DHA), the City of Dallas, and HUD for furthering segregation by placing public housing in mostly Black areas in the Dallas region. DC Government requires that 8-10% of units in most new or renovated apartment buildings are rented at a reduced price. McGees mother struggled with drug addiction and alcoholism, so at a young age, McGee shuffled back and forth between an aunt in Dallas (who favored her own kids over McGee) and a foster home in Longview, Texas, an oil town located two hours east of Dallas, near the Louisiana border.150, McGee dropped out of high school and over an extended period of time gave birth to her four children, two daughters (now in twelfth grade and tenth grade) and two sons (now in seventh grade and third grade. The group made policy recommendations to promote housing mobility and mixed-income neighborhoods, increase affordable housing, and create an early-warning detection (the Neighborhood Change Index) to make sure gentrification does not lead to widespread displacement and re-segregation.124 The recommendations, taken together, were meant to create what Solis calls the first comprehensive housing policy in the history of the city.125, In May 2018, the Dallas City Council passed, unanimously, a new housing policy that aims to create affordable housing throughout the city (not just concentrated in poor areas) and provides incentives for landlords to lease to Section 8 voucher holders. What they did in Minneapolis about single family housing could never happen here he says. The purpose of the program is to promote affordable housing within the City of Atlanta and is designed to keep rents . The two had three conversations about the HUD findings after Castro took over HUD and Castro concluded that HUD had overstepped its bounds and retracted the threat to withhold funds unless Dallas complied with steps laid out in the November 2013 letter.45 Castro, says former Dallas school official Mohammed Choudhury, gave Dallas a wrist slap.46 Dallas Daily Observer columnist Schutze was more blunt: In a sweetheart deal with Dallas mayor, Castro deep-sixed the investigation, threw his own investigators at HUD under the bus and let Dallas off with a kiss instead of a hammer.47 In so doing, Schutze says, he killed our best shot at overcoming racial segregation.48, Demetria McCain, who was president of ICP when interviewed in 2020 before she subsequently became an official at the Department of Housing and Urban Development, said the pattern plays out again and again in Dallas. But I tell them to look over it and keep doing what they supposed to do.213 McGee says her youngest is doing well and likes Rockwall schools better than the schools in Forney.214, Patricia McGees story illustrates what research tells us is true more generally: where you live can make a big difference in the life chances of families, particularly children. https://www.cbpp.org/blog/bbb-includes-major-investments-in-housing-affordability? She writes: the right to make that choice, and, conversely, the denial of the right to make that choice based upon race, involves fundamental civil rights that need no more basis than the Constitution.147, Likewise, McCain said she sees the work of ICP as the latest stage in the fight for civil rights to break free of limits imposed by wealthy white interests. In 2020, the children attended four different schools.182 Her first-grade son was at Lewis Elementary, her fifth-grade son was at Smith Elementary, her eighth-grade daughter was at Brown Middle, and her tenth-grade daughter was at Forney North.183, Student achievement levels are much higher in Forney than in Oak Cliff schools, or the charter school McGees children attended in Dallas. Meanwhile, developers are getting projects in before the . Just 23 percent of students are proficient in math, 23 percent in reading, and 19 percent in science.158, There were also issues of safety. T. W. Browne Middle School was particularly problematic. In the eighteenth and nineteenth centuries, she says, in the face of enslavement by advantaged white landowners, Black people courageously risked their lives to escape slavery. And today, as wealthy white people try to continue to exclude Black people from their neighborhoods, many Black people who are stuck in dangerous neighborhoods with struggling schools are taking the risk to move to wealthier areaswhich may not always be welcoming to thembecause they offer a better chance for their children.148, Ann Lott, the current executive director of ICP, puts the organizations key mission this way: ICP increases opportunities for low-income BIPOC by expanding their familys access to housing in high-opportunity neighborhoods. . Every time you turned around, there was some crime.3 Then, while searching for ways she could get assistance putting together a rental security deposit, she came across a program sponsored by the Inclusive Communities Project (ICP), a nonprofit organization dedicated to fair housing and upward mobility.4, With ICPs help, McGee was able to move to a house in Forney, Texas, a prosperous city twenty miles east of downtown Dallas, with strong schools and a safe environment. It has a student population that is 82 percent white, and a remarkable 0 percent of students are from low-income families. As we struggle to come out of a pandemic in which low-paid workers such as grocery clerks, health aides, and delivery workers have been recognized as everyday heroes, government discrimination against them must end. You dont hear fighting.192, For a time, McGee took a job as an Amazon warehouse worker, where she earned $15 an hour.193 She often worked the graveyard shift, 7:00 p.m. to 5:00 a.m., but didnt complain about the hours. Inclusionary zoning may produce affordable housing in otherwise expensive urban markets, but it is difficult to assess how effectively these policies produce it, or in which neighborhoods, in absence of robust counterfactual testing. These neighborhoods include those that are in the attendance area of an elementary school that is ranked as high performing.146, Betsy Julian argues that we should see housing mobility as a civil right. There is powerful research to suggest that low-income Black families who move to higher-opportunity neighborhoods enjoy many benefits, she says; but even if the evidence were less clear, Julian notes, as a fundamental matter of principle, Black people should not be denied the choice. 9.3.2021 Portland's inclusionary zoning requirement is a slow-motion train-wreck; apartment completions are down by two-thirds, and the development pipeline is drying up This will lead to slower housing supply growth and increasing rents for everyone over the next two to three years Under disparate impact cases, expert statistical studies are required to show the disproportionate impact on minority groups, which adds to the cost of litigation.224 Tom Loftus, president of the Equitable Housing Institute, notes, Courts routinely have dismissed disparate impact lawsuits where the plaintiffs failed to prove that minority group members were affected disproportionately by economic discrimination.225 One of the most extensive studies of disparate impact litigation, conducted by Stacy Seicshnaydre of Tulane University, found that in the 2000s, plaintiffs prevailed on appeal in disparate impact cases just 8.3 percent of the time.226 By removing a hurdle in disparate impact litigation, the Economic Fair Housing Act could help address racial segregation in housing, which has been identified as the central piece of unfinished business of the civil rights movement.227. In Dallas, civil rights activists brought two landmark lawsuitsWalker v. HUD (1990), and Inclusive Communities Project v. Texas Department of Housing & Community Affairs (2010)that exposed discriminatory behavior in the placement of subsidized housing. A landmark 2010 study of fifty metropolitan areas by Jonathan Rothwell of the Brookings Institution and Douglas Massey of Princeton University found that a change in permitted zoning from the most restrictive to the least would close 50 percent of the observed gap between the most unequal metropolitan area and the least, in terms of neighborhood inequality.52, The ugly origins of exclusionary zoning policies are based in racial discrimination. However, IZ is far . Tags: racial discrimination, exclusionary zoning, fair housing act, housing discrimination. It was prostitution at the bus stop. After passage of the 1968 Fair Housing Act, Dallas-area officials have continued to discriminate by income and race through such policies as the concentration of publicly-supported housing in high-poverty communities, and exclusionary zoning ordinances that prohibit the construction of more affordable multi-family housing. Everyone wants an opportunity to have a nice home, a nice area where people come to visit and dont have to worry about ducking and rolling. The safer neighborhoods with good schools were off limits. Now, even as explicit racial discrimination by landlords, racially restrictive covenants, and redlining had all been outlawed, new, less visible barriers prevented McGee and her children from enjoying better opportunities. https://www.urban.org/urban-wire/reconciliation-bill-funding-could-help-localities-fight-exclusionary-zoning, https://www.rismedia.com/2021/10/28/white-house-announces-framework-spending-bill/, https://www.youtube.com/watch?v=8UwSZeNSi00, https://www.mercatus.org/bridge/commentary/reconciliation-bill%E2%80%99s-%E2%80%9Czoning-reform%E2%80%9D-provision-empty-spending, https://www.housingmobility.org/8th-national-conference-on-housing-mobility-agenda/, https://tcf.org/content/report/economic-fair-housing-act, https://www.hud.gov/press/press_releases_media_advisories/HUD_No_21_132, https://www.wsj.com/articles/the-long-reach-of-racism-in-the-u-s-11591372542, Oakland International High School: Lessons for Engaging and Supporting Newcomer Students, 5 Takeaways on the Federal Governments Role in Fostering Diverse Schools. Her unit had a water leak, which created mildew, McGee says, but they wouldnt do nothing about it.157, The local public schools were not as supportive of learning as they could be. But in Texas, as in many parts of the country, upper-middle-class communities have fought Section 8 and LIHTC-supported housing and sought to exclude low-income families. (See Map 6. 4 Units priced below $1,500 are affordable to households earning $60,000, approximately the national median income in 2016. There are over 1000 inclusionary housing programs in 31 states and the District of Columbia. Recap - Voluntary Inclusionary Zoning Inclusionary zoning incentivizes housing at a wide variety of income levels. )145 ICPs Mobility Assistance Program provides housing search assistance and counseling annually to 350 families who want to move to higher-opportunity neighborhoods. The placement of public housing in mostly low-income Black areas had gone on for years as part of what Dallas journalist Jim Schutze called the accommodation. This program is called the Inclusionary Zoning Program (IZ) and is offered by the DC Department of Housing and Community Development (DHCD). It was unknown how many low-income families would apply. As some affluent white communities in Texas have opened the door to some multifamily housing, they have shifted to another tool as the primary defense to enforce segregation, says Schutze: outright discrimination against Section 8 Housing Choice Voucher holders.85 While it is illegal for a landlord to openly discriminate based on race, Texas communities do not protect Section 8 voucher holders like Patricia McGee against source-of-income discrimination. He is the author of Excluded: How Snob Zoning, NIMBYism and Class Bias Build the Walls We Dont See (PublicAffairs, 2023). Who is using it? Although the district had been losing Anglo students prior to busing, there was a five-fold increase in loss at the time of busing.17, Some integration was achieved for a time, however, and one study found that between 1980 and 1989, the achievement gap between Black and white students was reduced by more than half (from 35 percentage points to 16).18 But the school district was eventually released from desegregation, which reduced levels of integration, and in any event, white flight continued to take its toll.19 Today the districts schools are just 5 percent white.20 The desegregation plan, wrote Dana Goldstein in the New York Times in 2017, ultimately replaced one form of segregation with another.21, The story of Highland Park Independent School District vividly illustrates the way in which Dallas schools were segregatedand remain segregated to this day.22 Home to Southern Methodist University, the school district represents a separate enclave that sits in the middle of the Dallas public school system.23 As Mike Koprowski, a former DISD official notes, its nearly all rich white people, a separate district, separate town council, separate police surrounded on all sides by the city of Dallas. This donut hole, represents a simple, stark tale, he notes.24 (See Map 3.) ), One big difference is the teachers level of engagement, McGee says. Go to work. According to a Pew Research analysis in 2015: Of the 306 majority lower-income census tracts in the DallasFort Worth area, 83% are predominantly non-white. Says Miguel Solis, a former school board member who headed a local housing task force: its like the wall of Troy around some of these communities of privilege.58, In Highland Park, for example, the affluent donut hole within Dallas, only a tiny sliver on the outskirts of the community is designated for multifamily housing.59 Such housing is banned anywhere else in Highland Park. A remarkable 0 percent of students are from low-income families.28 By contrast, in the surrounding Dallas district, 69 percent of students are Hispanic, 21 percent Black, 5 percent white, and 1 percent Asian or Pacific Islanderand 86 percent of students are from low-income families.29 Highland Park, says Koprowski, is only five minutes away from the deepest concentrations of poverty.30. Why We Need to Cultivate Americas Multilingual, Multicultural Assets. In Texas, it is voluntary. Under voluntary inclusionary zoning, we would have to give up square footage to affordable [units] to get what we want the developer said, when in fact, what you dont understand is we get every goddamn thing we want now, and we dont give up anything.84. Not for a long time.79, Indeed, in 2005, state legislators in Texas passed a law that forbids localities from adopting inclusionary zoning laws that mandate developers set aside a portion of new developments for low- and moderate-income households.80 Inclusionary zoning is used in many parts of the country to provide workforce housing and promote economic and racial integration. Under the plan, the federal government would provide $1.75 billion for a competitive grants program for infrastructure in communities that agree to reduce exclusionary zoning practices.218 The proposed program, notes Brian Deese, director of the National Economic Council, is first ever federal competitive grants program aimed at reducing exclusionary zoning.219, The program is a big step forward and deserves support, but critics note it lacks some of the stronger provisions in early anti-exclusionary proposals advanced by Amy Klobuchar, Elizabeth Warren, and Cory Booker.220 Moreover, as Peggy Bailey, senior advisor to HUD Secretary Marcia Fudge, has noted, Unlocking Possibilities is aimed at neither the most progressive communities (which have already adopted inclusive policies) nor the most exclusive communities (which are unlikely to be moved by a voluntary program) and instead aims at folks in the middle.221, To address the most exclusionary communities, sticks are required to compliment carrots like the Unlocking Possibilities program. But student proficiency remained low. Eligibility Your household must meet the income requirements. Only an estimated 4 percent of Dallas public schools are diverse. The district was created in the early twentieth century, as the Highland Park town website itself notes, as a refuge from an increasingly diverse city.25 In the 1950s, when Texas schools were segregated by law, Highland Park sent the small number of Black students residing in the area to Dallas public schools.26 Highland Park did not have any Black homeowners until 2003.27. Guided by the Minneapolis 2040 Comprehensive Plan, inclusionary zoning aims to create mixed-income communities by requiring affordable units within new housing developments. If you dont understand or you want to get ahead in class, you ask for extra work.201 She continues: I stay on my kids, she says. Exclusionary practices that discriminate by incomeand indirectly, by raceare taking a significant toll on Dallas residents. 80 Inclusionary zoning is used in many parts of the country to provide workforce housing and promote economic and . The Inclusionary Zoning program was created to create more affordable housing for low-and-moderate income residents in Atlanta. Adopted by over 800 localities across the country, inclusionary zoning (also known as inclusionary housing) policies typically fall into two categories: voluntary measures that encourage the development of affordable housing by offering incentives such as increased density for the development, or mandatory programs that stipulate a percentage of units be set aside and fixed below market rents . With a metropolitan population of 7.6 million, DallasFort Worth is the nations fourth largest metropolitan area.108 Theodore Kim, Jessica Meyers, and Michael E. Young report in The Dallas Morning News that planners foresee a say when development reaches out 100 miles from Dallas. Already, commute times are rising, they note, and air quality has declined.109. A contemporary map of Dallas showing where poverty is currently concentrated overlaps considerably with the redlining maps of almost a century ago. Fort Worth Housing Solutions has teamed up with the Fort Worth Independent School District and a national organization, Urban Strategies, Inc., to develop an integrated residential community. )116 Koprowski says, we told them that the school was going to be 50 percent poor. I dont have to worry about people standing all outside my yard, smoking and [playing] loud music and all kinds of stuff. As Tyronda Minter of Urban Strategies notes: What is important is that the neighborhood and school have norms that produce strong social connections, openness to truly learning, and belongingness for all.142, By far the largest and longest-standing housing mobility program in the Dallas region is the Inclusive Communities Projects Mobility Assistance Program, which has helped more than 4,500 families like Patricia McGees move from impoverished to high-opportunity neighborhoods since 2005.143, ICP was founded in 2004 by civil rights lawyer Elizabeth (Betsy) Julian. In nineteen states, such as New York, California, Washington, Maryland, and Massachusetts, it is illegal for a landlord to discriminate based on a renters source of income.86 Austin, Texas passed such an ordinance, but in 2014, the Texas legislature preempted all local source-of-income discrimination laws, removing source-of-income discrimination protection in the state.87 Texas and Indiana are the only two states that have taken such a draconian step.88. To move the needle on communities like Sunnyvale and Highland Park, I have argued that Congress should pass a new Economic Fair Housing Act, which would create a private right of actioncomparable to the one found in the 1968 Fair Housing Actto allow victims of economically discriminatory government zoning policies to sue in federal court, just as victims of racial discrimination currently can do.222, The 1968 Fair Housing Act was a monumental advance for human freedom, and the disparate impact tool associated with it can be an important lever to address exclusionary zoning that disproportionately hurts people of color, as was demonstrated in the Sunnyvale case. It was drug-smoking in my breezeway where my door was. The apartments, presumably for the workers, are in other cities, such as Garland, Mesquite, and Northeast Dallas, a federal court later noted.65 In 1985, Sunnydale refused to permit any Section 8 housing as requested by the Dallas Housing Authority, claiming such housing would pose challenges to providing sewer and water services.66, In 1988, Mary Dews, a counselor for the Dallas Tenants Association, filed suit against Sunnyvale for its exclusionary zoning laws, and was soon joined by a real estate development corporation that wanted to develop affordable multifamily housing in the town by 1995.67 In 2000, a federal district court found Sunnyvales exclusionary zoning laws violated the Fair Housing Acts disparate treatment (intent) and disparate impact (effects) provisions.68 The Fair Housing makes it illegal to refuse to sell or rentor otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status or national origin. While local governments dont typically rent or sell apartments, zoning laws can run afoul of the prohibition to otherwise make unavailable or deny dwellings on the basis of race.69, The federal district court found that the ban on multifamily housing, and the one-acre lot minimum, produces racially discriminatory effects by increasing the cost of housing in the Town. Castro knew Dallas Mayor Mike Rawlings from the days when Castro was mayor of San Antonio. In fact, more land is allocated for the Dallas Country Club than for multifamily housing. Seeded by a $35 million HUD Choice Neighborhood grant, the groups are planning a new-mixed income development called Stop Six.141 Of course creating a mixed-income neighborhood alone is only a first step toward improving outcomes for families. The placement of public housing in mostly low-income Black areas had gone on for years as part of what Dallas journalist Jim Schutze called the accommodation. The white power structure in Dallas essentially struck a bargain with a group of Black leaders that wealthy whites would try to suppress white violence against Black people if Black leaders didnt push too hard for integration. Larger reforms, including the Biden Administrations Unlocking Possibilities program, and a federal Economic Fair Housing Act, are needed to multiply the positive experiences of families such as McGees.
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