October 16, 2024

New NFHA Settlement Agreement Ensures Accessibility of Rental Housing Units in Northern Alabama

Washington, D.C. — Today, the National Fair Housing Alliance® (NFHA) announced an agreement with Breland Companies, LLC; The Lofts at Town Madison, LLC; The Lofts at Town Madison Condominium Association, Inc.; and Old Town Investments, LLC (“Breland”) to settle allegations that they developed and operated multi-family rental housing in Northern Alabama that violates the Fair Housing Act (FHA)’s accessibility requirements. Under the agreement, Breland will modify features of The Lofts at Town Madison (“The Lofts”) in Madison, AL, to ensure the 21-unit building complies with the law.

The agreement settles a housing discrimination complaint NFHA filed in April with the U.S. Department of Housing and Urban Development (HUD)’s Office of Fair Housing and Equal Opportunity. The complaint was based on an investigation NFHA conducted with support from the Fair Housing Center of Northern Alabama in Birmingham, AL. The investigation revealed a lack of an accessible route to an accessible primary entrance of the building, threshold issues at unit balconies impeding an accessible route throughout the unit, inaccessible environmental controls, and the lack of reinforced walls (blocking) in the walls around toilets and tubs to facilitate the installation of grab bars. The investigation also revealed potential violations of the Americans with Disabilities Act (ADA). A copy of the complaint is available here.

According to the settlement, Breland will:

• Install ADA-complaint thresholds at building entrances adjacent to parking lots,

• Install at least one van accessible parking space to serve each building,

• Notify tenants that Breland will cover the cost of certain interior and exterior modifications requested by tenants at the Lofts on account of their disability-related need,

• Ensure FHA-covered multi-family housing developed during the settlement term complies with the accessibility provisions of the law,

• Attend Fair Housing training, and

• Pay damages to NFHA and attorneys’ fees.

“The CDC estimates that over 1.3 million adults in Alabama have a disability—that is 1 in 3 adults in the state. While we respect Breland for working with us to resolve this issue expeditiously, federal law has made it illegal since March 13, 1991, to build inaccessible multi-family housing. We will continue to hold developers accountable for as long as it takes to ensure that people in Alabama and throughout the country can access housing regardless of how they are affected by a disability. We are also honored to be able to partner with local fair housing agencies, like the Fair Housing Center of Northern Alabama, to expand housing opportunities for all.” said Lisa Rice, President and CEO of NFHA.

“The Fair Housing Center of Northern Alabama (FHCNA) works daily to promote equal housing access to all persons in its 29 counties service area. Sadly, persons with disabilities continue to endure housing discrimination through a lack of accessible housing and facilities. This is evident through the number of disability complaints received at the center. Persons with disabilities should have the same right to enjoy access to and comfort of their living quarters,” said Lila Hackett, Executive Director of FHCNA. “We commend the National Fair Housing Alliance for helping address barriers to accessible housing in Alabama and for the subsequent settlement. We hope that this complaint and settlement will serve as a motivator for other multi-family housing providers in this area to recognize they must comply with FHA and ADA accessibility requirements.”

If you believe you have experienced housing discrimination in Alabama, contact the Fair Housing Center of Northern Alabama or your local fair housing center for counseling. If no local fair housing center services your area, report your experience to NFHA here.

NFHA is represented in the matter by Sara Pratt and Emily Curran of Relman Colfax PLLC.

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The work that provided the basis for this press release was supported by funding under a grant from the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government.

The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. Through its community development, education and outreach, responsible AI, member services, public policy and advocacy, consulting and compliance, and enforcement initiatives, NFHA works to dismantle longstanding discriminatory barriers and build inclusive, resilient, well-resourced communities where everyone can thrive.

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August 15, 2024

Contact: Janelle Brevard │ jbrevard@nationalfairhousing.org

NFHA and Civil Rights Groups File Amicus Brief Arguing Against Judge-Shopping Practice By Banking Industry

Washington, D.C. — The National Fair Housing Alliance®, National Urban League, National Coalition on Black Civic Participation, UnidosUS and Raza Development Fund filed an amicus brief in the 5th Circuit in Texas Bankers Association, et al. v. Office of the Comptroller of the Currency, et al., a case where the district judge issued an injunction enjoining federal banking regulators from enforcing changes to their rules related to the Community Reinvestment Act (CRA).

The amici argue that plaintiffs in this lawsuit, including the American Bankers Association and other industry groups, engaged in judge-shopping practices that raise questions of fairness for those who the new CRA regulations affect. The CRA regulatory updates adapt to changes in the industry and encourage banks to expand access to credit, investment, and banking services in low- and moderate-income communities.

“Random assignment of judges to cases of national interest is essential to maintaining public confidence in the impartiality of judicial proceedings,” says NFHA President and CEO, Lisa Rice. “Judge-shopping is especially popular among nationwide industry groups who seek to challenge actions by the federal government in judicial districts, such as the Northern District of Texas, that have single-judge divisions which have historically been friendly to the groups’ interests.”

“Supreme Court Justices, courts at every level, the United States Department of Justice, Senators from both parties, and legal commentators have all recently expressed concern about the effects of judge-shopping on public confidence in the courts,” said National Urban League President Marc Morial. Chief Justice John Roberts and the Judicial Conference of the United States recently issued guidance recommending that District Courts assign cases randomly among all judges in a judicial district, particularly where the matter has nationwide implications.

Judge-shopping is the disfavored practice of filing a lawsuit in a single-judge division to which the case has little-to-no connection to guarantee that the case is assigned to a favorable judge. Judge-shopping is only possible in a few judicial divisions where all cases are assigned to one judge; most judicial districts and divisions randomly assign judges to cases, for important reasons. These single-judge divisions have, in recent years, issued more than their fair share of nationwide injunctions.

The injunction stops federal regulators from proceeding with steps to implement a new Community Reinvestment Act rule that includes much needed updates. The Community Reinvestment Act rule was last amended almost 30 years ago. Since that time, the lending industry has changed dramatically with a simultaneous rise in bank closures and online banking. The new rule is designed to address 21^st century banking practices and ensure covered companies are not engaging in redlining activities and truly meeting the credit needs of the communities where they do business.

This amicus brief was drafted with assistance from Relman Colfax PLLC. The full amicus brief can be found here.

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

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National Fair Housing Alliance (NFHA) Publishes Research Study on the Chief AI Officers at the Federal Level

Washington, D.C. — Today, the  National Fair Housing Alliance® (NFHA) published a groundbreaking research study focused on the recent directive from the Office of Management and Budget (OMB) regarding the implementation of Chief AI Officers (CAIOs) within federal agencies. This initiative comes at a crucial time as federal expenditures on artificial intelligence (AI) have surged dramatically.

Last year, President Biden issued Executive Order (EO) 14110 on the Safe, Secure, and Trustworthy Development and Use of AI. Complementing this EO, the OMB released a memorandum outlining efforts to facilitate the responsible adoption of AI across federal agencies, including a directive to appoint Chief AI Officers responsible for implementing these new requirements with the goal of advancing AI innovation, AI risk management, and AI governance.

Michael Akinwumi, NFHA’s chief responsible AI officer, says the study is “aimed at gaining insights into the ongoing appointment of CAIOs and assess how their profiles align with the critical responsibilities of this pivotal role.”

“The research highlights the essential functions of CAIOs in government, emphasizes the importance of selecting candidates based on reasonable criteria, and underscores the value of transparency from public agencies regarding their AI governance initiatives,” according to Dr. Akinwumi.

Key findings of the study include:

1. A reasonable benchmark job description – NFHA developed a comprehensive job description tailored for the CAIO position within the government, serving as a benchmark to assess the status of current appointees.

2. Profile assessment – The investigation of shortlisted CAIOs demonstrated key takeaways from their public profiles relative to the responsibilities of the CAIO role. Two of the takeaways are:

• CAIOs are notably selected from senior agency leadership with data-intensive, operational, or policy backgrounds, but there is inconsistency in their areas of expertise and AI-related accomplishments.
• Many CAIOs have strong agency knowledge, but there is uncertainty about their applied knowledge of AI and the ability to meet the EO & OMB requirements.

3. Policy recommendations – In response to identified gaps and additional considerations for the success of CAIOs, NFHA presents policy recommendations focused on:

• Transparency of CAIO roles
• Role Alignment Criteria
• Development & Engagement Initiatives
• Measures of Success

NFHA hopes that these findings provide valuable insights for federal agencies to enhance transparency in their implementation of EO and OMB requirements. Lusine Petrosyan, NFHA’s AI policy researcher, says “agencies are encouraged to utilize the study’s key takeaways to assess potential CAIO appointees or enhance the suitability and readiness of existing CAIOs to lead the innovation, risk management, and governance of AI in government.”

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. Through its homeownership, credit access, tech equity, education, member services, public policy, community development, and enforcement initiatives, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

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Lee Porter, Bernie Kleina, Cat Cloud and Debby Goldberg Slated to Receive Prestigious Brooke-Mondale Fair Housing Award

Washington, D.C. —  The National Fair Housing Alliance® (NFHA) will award the prestigious Edward W. Brooke and Walter F. Mondale Fair Housing Award to four distinguished individuals whose work to advance fair housing, lending, and equitable opportunities has had a significant impact on ensuring underserved individuals and communities can access quality housing, credit, and insurance opportunities.

The 2024 recipients are Lee Porter, Executive Director of the Fair Housing Council of Northern New Jersey; renowned civil rights photographer and former director of HOPE Fair Housing Center, Bernard Kleina; Cat Cloud, NFHA’s former Chief Operating Officer and retiring Senior Advisor to the President and CEO; and Debby Goldberg, NFHA’s retired Vice President of Housing Policy and Special Projects. The four will be honored during the Fair Housing Awards Luncheon Ceremony on Monday, July 15, 2024, from 12:30–2:30 p.m. The Luncheon is part of NFHA’s 2024 National Conference, “Housing Equity Now: Building an Inclusive and Just Future,” which is taking place in Washington, D.C., at the Westin Downtown Washington, D.C.

“Lee Porter, Bernie Kleina, Debby Goldberg, and Cat Cloud embody the spirit of dedication and passion for fair housing and civil rights,” said NFHA’s President and CEO Lisa Rice. “Their tireless efforts have not only advanced our understanding of housing challenges but also transformed lives by ensuring equal access to housing and financial services for underserved people and communities. We are honored to recognize them with the Edward W. Brooke and Walter F. Mondale Fair Housing Award. Their remarkable achievements inspire us all to continue advancing housing justice and equitable opportunities so that we can achieve a more just nation.”

Considered by many as the “Mother of Fair Housing,” Lee Porter has dedicated her professional and personal life to community service, fairness, and elimination of discrimination in housing. As Executive Director of the Fair Housing Council of Northern New Jersey for over 40 years, Lee Porter directs what the U.S. Department of Housing and Urban Development describes as one of the best fair housing councils in the nation. Over the years, she has helped establish new fair housing groups and has provided expertise to other fair housing councils throughout the country. Ms. Porter’s leadership moved the Fair Housing Council of Northern New Jersey from zero funding and an all-volunteer staff to a funded agency with paid professional staff. Her work changed the life trajectory for many individuals and families, including U.S. Senator Cory Booker who describes Ms. Porter as one of the “titans in his life” for her activism and leadership in helping his family survive housing discrimination in Bergen County, NJ. Ms. Porter played a leading role in establishing the Fair Housing Initiatives Program, a permanently funded federal program that provides direct support to non-profit civil rights fair housing agencies as well as other organizations that implement fair housing programming. Ms. Porter also helped found the National Fair Housing Alliance, serving on its Board of Directors for over a decade.

After “Bloody Sunday” in March 1965, Dr. Martin Luther King, Jr. issued a national call for clergy throughout the nation to join him in Selma, Alabama, in a second attempt to cross the Edmund Pettus Bridge. Bernie Kleina answered that call and joined King, Congressman John Lewis, and other civil rights leaders in the fight for justice. As one of the first in the world to photograph Dr. Martin Luther King, Jr., in color, Bernard Kleina has used his images to remind people of Dr. King’s life and vision. In 1965 and 1966, Dr. King moved his family to Chicago to focus the nation’s attention on Open Housing, now called Fair Housing. For more than 40 years, as Director of HOPE Fair Housing Center, Mr. Kleina pursued Dr. King’s dream of housing justice. During his time with the center, he received countless threats on his life, and at one point a local newspaper displayed his picture with the statement that he was “the most disliked man in DuPage County.” These attacks did not dissuade his commitment to ensuring fair housing and equitable financial services remained elevated as core tenants of King’s vision of a beloved community.  According to Mr. Kleina, “Housing is at the heart of our struggle for equality.” Mr. Kleina is a founding member of the National Fair Housing Alliance and served on its Board of Directors for over 25 years.

Cat Cloud has been a part of the fair housing movement since 1984 and a member of the  National Fair Housing Alliance staff since 1991. Ms. Cloud began her service with HOPE Fair Housing Center in Illinois. She has served in numerous roles at NFHA including as Chief Operating Officer where she oversaw the compliance and consulting, membership services, education and outreach, national media, and community development programs as well as the finance and administration divisions. She was also responsible for developing, implementing, and creating the first curriculums for Fair Housing School®, NFHA’s comprehensive training and education program for fair housing professionals. She is lovingly referred to as Dean Cloud by the thousands of people who have received training in the program. She currently serves as the Senior Advisor to NFHA’s President and CEO, working as a member of the senior leadership team and guiding NFHA to new heights. Ms. Cloud’s leadership has helped NFHA to remain at the forefront of the fight to advance fair housing and reform the financial services industry. Throughout her many years of service, Ms. Cloud helped pioneer methodologies for investigating many forms of housing discrimination including real estate sales, lending, and insurance bias. She worked on numerous precedent-setting cases that helped expand civil rights protections and secure major remedies for millions of survivors of discrimination. Ms. Cloud also led the development and implementation of most of NFHA’s national fair housing media campaigns which have secured over $200 million in donated media and well over 5 billion audience impressions. The entire fair housing movement is stronger because of her commitment and dedicated leadership.

For 45 years, Debby Goldberg worked to increase equity in the nation’s housing and financial services systems and expand access to opportunity for people of color, low- and moderate-income people, and other underserved groups. Ms. Goldberg began her career at a local, Washington, D.C., fair housing organization where her efforts included organizing a coalition of neighborhood groups that negotiated community reinvestment agreements with the first out-of-state banks to enter D.C. in the early days of interstate banking. Ms. Goldberg worked on a major study of mortgage lending patterns in DC, which documented local banks’ failure to serve communities of color.  She also helped oversee the settlement of a landmark lawsuit against the federal banking regulators for their failure to enforce the Fair Housing Act. That suit led to the creation of the agencies’ fair lending examination systems.

Ms. Goldberg also joined the staff of the Center for Community Change where she continued her work to increase access to banking services for underserved communities. This included her service on the Federal Reserve’s Consumer Advisory Council, HUD’s predatory lending task force, and the National Association of insurance Commissioners.

In 2005, she became the director of the Hurricane Relief Project at NFHA where she worked with fair housing groups throughout the Gulf coast region to help homeowners get the resources they needed to rebuild after Hurricane Katrina. She spearheaded a precedent-setting lawsuit against HUD and the State of Louisiana alleging race discrimination in the state’s Road Home recovery program. That suit led to an additional $500 million in assistance for people of color and low-income homeowners. Ms. Goldberg has played several leadership roles at NFHA including most recently as Vice President of Housing Policy and Special Projects. She helped shape policies on foreclosure prevention, housing finance reform, homeownership expansion, disaster recovery, language access, and Affirmatively Furthering Fair Housing. Her leadership has been pivotal in many of NFHA’s policy victories, and she is highly-regarded in the broader civil rights, housing, and consumer protection advocacy communities. Ms. Goldberg retired from NFHA in 2023.

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. Through its homeownership, credit access, tech equity, education, member services, public policy, community development, and enforcement initiatives, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

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Housing Discrimination Complaints Continue to Trend Upward

NFHA’s Latest Trends Report Reveals Highest Number of Complaints to Date

Washington, D.C. — The number of fair housing complaints filed nationwide peaked to record numbers for the third year in a row, continuing an upward trend highlighting the need for adequate funding for local nonprofit fair housing agencies working to address growing housing injustices nationwide, the National Fair Housing Alliance® (NFHA) said on Wednesday.

There were 34,150 fair housing complaints received in 2023, compared to 33,007 complaints received in 2022,  according to findings in the 2024 Fair Housing Trends Report. There was a noticeably steep increase in the number of harassment complaints, particularly harassment based on color or race, which skyrocketed by 470.59 percent and 114.97 percent respectively.

“The continued increase in reports of housing discrimination means lawmakers are simply not doing enough to provide adequate resources for the organizations serving on the frontlines educating the public about fair housing laws and helping individuals and families when crucial civil rights laws are broken,” said Lisa Rice, NFHA’s President and CEO. “Fifty-six years after the enactment of the Fair Housing Act, we still have not dismantled the longstanding systems that continue to perpetuate discrimination against women, people of color, people with disabilities, and other historically marginalized groups.”

Just this week, the U.S. House of Representatives Committee on Appropriations’ Subcommittee on Transportation, Housing and Urban Development (THUD)’s spending bill only allocated $55 million for the Fair Housing Initiative Program (FHIP) despite local nonprofit agencies continuing to process over 75 percent of all fair housing complaints. The amount is far too short of the necessary $125 million fair housing organizations need to adequately serve victims of housing discrimination.

Despite recent news stories of high profile individuals facing inequities when seeking to buy a home or rent an apartment, reported cases only tell part of the story of housing discrimination. Most of the millions of housing discrimination incidents each year go unreported because they are difficult to identify or document. In other cases, individuals might fear facing retaliation or eviction if they file a complaint. Still, tracking the available data is important as it helps shine a light on where resources are most needed.

“Private nonprofit fair housing organizations (FHOs) processed 75.52 percent of complaints, a 5.68 percent increase from the previous year. These FHOs — which investigate fair housing complaints, collect data, provide fair housing counseling and education to consumers, and help clients file complaints — require significantly more funding to continue their important work. Congress must step up to ensure FHOs receive adequate funding to enforce the nation’s fair housing laws,” said Morgan Williams, NFHA’s General Counsel.

In addition, Fair Housing Assistance Program (FHAP) agencies processed 19.26 percent of complaints, while the U.S. Department of Housing and Urban Development (HUD) processed 5.10 percent of complaints, and the U.S. Department of Justice (DOJ) processed 0.12 percent of complaints. FHAP agencies, which are functions of local and state governments and enforce local and state fair housing laws; HUD, which enforces the Federal Fair Housing Act and conducts investigations throughout the nation and U.S. territories; and DOJ, which investigates and prosecutes fair housing complaints that present a pattern or practice of discrimination, must also be adequately funded by Congress to handle the increase in fair housing complaints in a timely manner.

Once again, discrimination based on disability accounted for the majority (52.61 percent) of complaints filed with FHOs, HUD, and FHAP agencies. There were 1,521 complaints of harassment reported, an increase of 66.23 percent. This number represents the highest number of harassment complaints reported since NFHA began reporting harassment-specific data in 2006.

NFHA has produced the Fair Housing Trends Report annually since the mid-1990s as part of its mission to eliminate housing discrimination and ensure equitable housing opportunities for all people and communities.

Eighty-six NFHA member organizations, either private non-profit fair housing organizations or fair housing programs of legal aid agencies, submitted data for this report. HUD’s 10 regional offices and 77 state and local government agencies in HUD’s FHAP program also provided data. In addition, the report contains information gathered from the DOJ.

Click here to read the full report and view an interactive map highlighting key findings by state. Anyone who believes they have experienced housing discrimination should file a report with their local fair housing agency, local or state government organization, and/or HUD.

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. Through its homeownership, credit access, tech equity, education, member services, public policy, community development, and enforcement initiatives, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

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National Fair Housing Alliance Announces New Chief Operating Officer

Washington, D.C. — The National Fair Housing Alliance® (NFHA) is pleased to welcome Timothy Guinan as its new Chief Operating Officer (COO).

As COO, Tim’s primary responsibilities include leading financial management, HR, IT, administration, and organizational performance. He will help NFHA’s board of directors carry out its governance responsibilities, help lead the organization’s strategic planning, and serve on the executive leadership team.

“We are thrilled to welcome Tim to our team and are confident that his decades of experience will be crucial in ensuring our organization’s success as we continue to expand the scope and reach of our advocacy efforts,” said Cat Cloud, Senior Advisor to the President and CEO.

Prior to his role at NFHA, Tim founded N Street Strategies, a consulting firm offering strategic and operational consulting services to the nonprofit sector. He also co-founded Givhero, a venture-backed social impact software platform supporting over 2 million global charities  through corporate employee engagement, well-being, and charitable giving. Tim previously served as the Chief Operating Officer and Deputy Executive Director of PeacePlayers International, a youth development and reconciliation organization with programs in the United States, Northern Ireland, South Africa, Cyprus, and the Middle East.

Tim earned his MBA from The George Washington University School of Business and his undergraduate degree from Miami University, while competing as a Division I athlete. He then spent five years as an adjunct faculty member at Georgetown University, teaching social responsibility.

Tim is a native Washingtonian and a son of social entrepreneurs, who founded multiple organizations to serve Washington’s marginalized communities (e.g., the Community for Creative Non-Violence (CCNV), Zacchaeus Community Kitchen, Rachael’s Women’s Center, and others).

NFHA also welcomes Monica Reid as Director of Advocacy and Government Affairs.

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

The post National Fair Housing Alliance Announces New Chief Operating Officer appeared first on NFHA.

FOR IMMEDIATE RELEASE
May 14, 2024
Media Contacts:
National Fair Housing Alliance: Janelle Brevard | jbrevard@nationalfairhousing.org
Fair Housing Rights Center: Angela McIver | amciver@fairhousingrights.org
Housing Equality Center: Rachel Wentworth | wentworth@equalhousing.org

NFHA and Fellow Fair Housing Advocates File Complaint Against National Tenant Screening Software Company

Complaint Alleges Discrimination Against
Housing Voucher Holders in Memphis, TN, and Philadelphia, PA

Washington, D.C. — Today, the National Fair Housing Alliance® (NFHA), the Fair Housing Rights Center in Southeastern Pennsylvania (FHRC), and the Housing Equality Center of Pennsylvania (HECP) filed a complaint with the U.S. Department of Housing and Urban Development (HUD) against Tenant Turner, Inc., for its treatment of Memphis and Philadelphia residents seeking housing opportunities.  

Tenant Turner is a Richmond, VA-based web lead management and tenant screening software that provides services for property managers nationwide including pre-qualification of prospective tenants. Tenant Turner is believed to display thousands of listings on its website from throughout the country. NFHA, FHRC, and HECP’s complaint alleges that Tenant Turner discriminates based on race by facilitating landlords to generate listings on its website that display a refusal to rent to people who use Housing Choice Vouchers (“HCV”) and designing an algorithm that prohibits voucher holders from scheduling a viewing of rental units that display that refusal in the cities of Memphis, TN, and Philadelphia, PA. The HCV program ensures that people, including veterans, whose incomes have not kept up with rising housing costs can still access stable housing by paying landlords directly for all or part of their rent.

NFHA, FHRC, and HECP’s investigation found that Tenant Turner displays listings online that are “not available for tenants with… a housing voucher,” which is language that Tenant Turner offers to landlords to indicate whether they want to rent to prospective tenants with vouchers, even in cities or counties with local ordinances that prohibit discrimination against source of income, including voucher holders. Through over 40 tests of Tenant Turner’s pre-screening survey that sets up showings of rental units on listings that display housing choice voucher restrictions, NFHA, FHRC, and HECP found that testers with housing vouchers were unable to schedule a viewing of the rental unit. The testers would reach a screen from Tenant Turner that stated, “Sorry,” and “This property is not available for tenants with… a housing voucher.” Fair housing testing is a controlled method of documenting the quality and quantity of information provided to home seekers by rental firms and their housing managers. Testing also helps uncover the nature and extent of potential housing discrimination. Through data collected from August 2022 to March 2023, NFHA’s analysis revealed more than 4,005 listings with housing choice voucher restrictions in 23 localities with source of income protections, including Memphis, TN, and Philadelphia, PA.

Tenant screening platforms, like Tenant Turner, that facilitate discrimination against HCV holders deprive families of the right to choose the housing that is best for them and increase the likelihood that people will experience housing instability, face homelessness, or suffer other harms. In 2023, the online home rental market was valued at around $18.24 billion, with significant expansions anticipated in the years to come. Consumers’ search for housing is becoming increasingly digital, and while this can make information on units and neighborhoods more broadly accessible, it can also aid in discrimination by making it easier for landlords or housing providers to choose home seekers based on their preferences or biases. With more and more housing providers using platforms, like Tenant Turner, that automate the tenant screening and rental viewing process, discrimination against HCV holders is now increasingly encoded or facilitated by algorithms and software.

The nation is in the midst of a fair and affordable housing crisis with housing experts projecting the U.S. needs at least an additional 7.3 million affordable housing units. Moreover, wages have not kept pace with rising housing costs. While housing prices have increased by roughly 160 percent since 2000, wages have only increased by about 70 percent.

“Rising rents are putting housing out of reach for millions, particularly people of color, persons living with disabilities, low- and moderate-income families, veterans, and frontline workers who have been hardest-hit by the ongoing COVID-19 health and economic crisis. When real estate companies and property managers deny voucher holders, they are denying people access to safe, affordable housing and the many opportunities that come with that. More protections are needed for renters who rely on housing vouchers, and everyone, including government, must utilize their powers to prevent the unfair practice of discrimination against those who use the vital HCV program,” said Lisa Rice, NFHA’s President and CEO. 

“Philadelphia is known for many things, including being the poorest large city in the nation. Also, the Philadelphia Fair Practices Ordinance protects people based on their source of income. However, when an online tenant screening company’s software excludes people with Housing Choice Vouchers, that is discriminatory and cruel. Denying humans access to housing violates their basic needs and civil rights. Corporations benefit from government support, and low-income persons, regardless of race, should also. As a nation, we have so many resources that offset the need for safe, discriminatory-free, and affordable housing. The HCV program is a housing solution for low- and moderate-income persons needing financial assistance. Nonetheless, discriminatory practices by online tenant screening companies’ software create barriers to housing and manufacture new social problems, including being unhoused, which could contribute to other challenges that impact us all,” said Angela McIver, FHRC’s CEO. 

“In HECP’s testing investigations over the past three years, we have found that rental housing providers in Philadelphia tell prospective tenants that Housing Choice Vouchers are not accepted at their properties 68 percent of the time. These investigations tell us that long-standing source of income protections are routinely and blatantly disregarded by landlords, property managers, and rental agents throughout the city, a practice that has a disproportionate impact on Black residents. It is apparent that voucher holders regularly face unlawful discrimination as an additional barrier in their search for a limited supply of safe and affordable rental housing in Philadelphia,” said Rachel Wentworth, HECP’s Executive Director. 

The alleged discriminatory practices of Tenant Turner are particularly harmful to Black residents who have long been impacted by inequitable policies and practices, including redlining, appraisal bias, racially restrictive covenants, racial steering, algorithmic bias, and other discriminatory practices. In both Memphis and Philadelphia, Black households are over-represented in the households participating in the HCV Program. In Philadelphia over 80 percent of HCV holders are Black whereas only 9 percent of voucher holders are White, despite the city’s renter population having similar split of Black and White renters, with 44 percent being Black and 39 percent being White. In Memphis, Black residents are similarly disproportionately represented, with 96 percent of households receiving vouchers being Black and only 1 percent of voucher holders being White. The City of Memphis’ renters are about 69 percent Black and 20.6 percent White.

The work that provided the basis for this press release was supported by funding under a grant from the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government. 

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities. 

The mission of the Fair Housing Rights Center in Southeastern Pennsylvania (FHRC) is to ensure equal access to housing opportunities for all. FHRC serves 16 counties in Pennsylvania and addresses fair housing and lending laws to achieve its mission.

The mission of the Housing Equality Center of Pennsylvania is to advance fair and equal access to housing opportunities for all Pennsylvanians. 

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Nearly 300 Civil Rights, Housing, Faith, Environmental and Industry Organizations and a Local Elected Official Urge Biden Administration to Immediately Release Fair Housing Rule

Groups implore White House to follow through on its commitments to create inclusive, resource-rich communities free of discrimination with the amenities everyone needs to thrive

Washington, DC — Nearly 300 leading civil rights, housing, faith, environmental, industry organizations and a local elected official from throughout the nation wrote to President Biden, urging his administration to immediately release the U.S. Department of Housing and Urban Development (HUD)’s final “Affirmatively Furthering Fair Housing” (AFFH) rule. AFFH, a provision of the Fair Housing Act, requires HUD or any entity that receives federal funding for housing and community development to use those funds and operate their programs in a manner that redresses inequities in the housing system and create inclusive, resource-rich communities that give everyone an opportunity to thrive. The proposed final AFFH rule will ensure a society in which everyone can live in a safe neighborhood with ample affordable and accessible housing options, fresh air, clean water, good public transportation, living-wage jobs, quality healthcare, healthy foods, affordable credit, and well-resourced schools.

HUD published a proposed rule for public comment in January 2023 that took a major step toward creating more equitable and affordable housing opportunities and stronger, more viable rural, urban, and suburban neighborhoods. After receiving over 500 public comments, most of which welcomed the rule and called for it to be strengthened, the comment period closed in April of last year. Because AFFH is one of the strongest tools to address the fair and affordable housing crisis—and can boost the economy in a way that benefits all communities—the organizations called on the White House to release the final rule immediately, writing:

“For centuries, federal, state, and local governments enacted policies and funneled investments in a way that helped and supported some in our society while denying opportunities to and harming others, especially people of color, people with disabilities, and women. These unfair policies created unjust structures that still impact millions of people, resulting in the litany of housing challenges America faces today, from skyrocketing rents to increased evictions and homelessness to barriers that prevent the dream of homeownership from becoming a reality.

“Further, failure to release the rule could undermine the Biden-Harris Administration’s goals of ensuring recent federal infrastructure funding initiatives fairly reach all communities and threaten to exacerbate existing racial wealth gaps as jurisdictions and NGOs will lack the guidance needed in administering infrastructure funds in the Bipartisan Infrastructure Law, Inflation Reduction Act, and the CHIPS and Science Act.

“As you reflected on the 55th Anniversary of the Fair Housing Act, ‘A fair housing market is critical to the fulfillment of the American dream.’ Our response is that a fair housing market cannot be realized without a strong AFFH rule. By investing in interventions that ensure that everyone can access fair, affordable, and accessible housing in thriving neighborhoods, we can create communities of opportunity. We urge the White House to immediately release the final proposed AFFH rule, so that more Americans can have their chance at the American Dream.”

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities.

The post Nearly 300 Civil Rights, Housing, Faith, Environmental and Industry Organizations and a Local Elected Official Urge Biden Administration to Immediately Release Fair Housing Rule appeared first on NFHA.

Leading Civil Rights and Consumer Advocates Urge the Biden-Harris Administration to Complete Its Important Work of Reforming the Home Valuation Process to End Appraisal Bias 

Washington, D.C. — As the Biden-Harris Administration’s Interagency Task Force on Property Appraisal and Valuation Equity (PAVE) marks the second anniversary of releasing its comprehensive Action Plan, the National Fair Housing Alliance® (NFHA) and other leading civil rights and consumer advocates issued a statement commending the Administration for its leadership in organizing the first-ever interagency task force focused on addressing appraisal bias. The advocates also called on the PAVE Agencies to finish the job of reforming the home valuation process to end appraisal bias and to prevent harm to consumers and communities of color. The full statement reads:

“Recent research and news stories highlight how appraisal bias impacts consumers and communities of color and exacerbates the racial wealth gap. The need to continue reforming the appraisal process is urgent and immediate. We commend the PAVE Task Force for taking certain initial steps toward reform. To continue this important work, we strongly urge the PAVE Agencies to prioritize the following appraisal bias reform initiatives:

1. Resolve complaints. The U.S. Department of Housing and Urban Development (HUD) should resolve the over 160 consumer complaints alleging appraisal discrimination to provide relief to harmed consumers and a resolution for accused respondents.
2. Release appraisal data. To provide advocates, researchers, and industry insight into possible causes and harms of appraisal bias, the Federal Housing Finance Agency (FHFA), the Federal Housing Administration (FHA), the U.S. Department of Veterans Affairs (VA), and the U.S. Department of Agriculture (USDA) should release the uniform appraisal dataset to the public at the property level with appropriate protections for consumer privacy. 
3. Issue examination procedures. The Consumer Financial Protection Bureau (CFPB), the Federal Deposit Insurance Corporation (FDIC), the Board of Governors of the Federal Reserve (FRB), the National Credit Union Administration (NCUA), and the Office of the Comptroller of the Currency (OCC) should issue examination procedures so examiners can supervise lenders and third-party appraisers for compliance with the Fair Housing Act and Equal Credit Opportunity Act with respect to potential appraisal discrimination.
4. Remove discriminatory barriers. The Appraisal Subcommittee (ASC) and its board should work with The Appraisal Foundation (TAF) to undertake a public, transparent review of each barrier to entry to the appraisal profession (including the Supervisory Appraiser requirement) to address the longstanding disparate impact resulting in a profession that is 95 percent White and 66 percent male.
5. Require appropriate fair housing training. The ASC and its board should work with TAF and the states to ensure that appraisers receive comprehensive and accurate fair housing training developed by fair housing experts.”

“Removing bias from the home valuation process strengthens individuals, families, communities, and the economy. All of us are harmed by practices that require Black and Latino families to ‘whitewash’ their homes to receive a fair and accurate appraisal. Fairness and accuracy in the home valuation process ensures consumers of color receive the dignity in the financial services marketplace that they deserve. We also know that we can grow the economy by $5 trillion over a five-year period just by addressing the discrimination that targets Black consumers. Completing the job will ensure people’s lives and communities are vibrant and they have access to the amenities necessary to thrive.”

This statement was issued jointly by the following organizations:

• National Fair Housing Alliance
• Community Works Consulting
• The Leadership Conference on Civil and Human Rights
• NAACP
• NAACP Legal Defense and Educational Fund, Inc.
• National Coalition for Asian Pacific American Community Development (National CAPACD)
• National Community Stabilization Trust (NCST)
• National Consumer Law Center (on behalf of our low-income clients)
• Neighborhood Housing Services of Chicago
• Prosperity Now
• UnidosUS

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The National Fair Housing Alliance (NFHA) is the country’s only national civil rights organization dedicated solely to eliminating all forms of housing and lending discrimination and ensuring equal opportunities for all people. As the trade association for over 170 fair housing and justice-centered organizations and individuals throughout the U.S. and its territories, NFHA works to dismantle longstanding barriers to equity and build diverse, inclusive, well-resourced communities. 

The post Leading Civil Rights and Consumer Advocates Urge the Biden-Harris Administration to Complete Its Important Work of Reforming the Home Valuation Process to End Appraisal Bias  appeared first on NFHA.

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National Fair Housing Alliance

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Download The Full Testimony

Chair Davidson, Ranking Member Cleaver, and members of the Subcommittee, thank you for the opportunity to testify today. I am Nikitra Bailey, Executive Vice President of the National Fair Housing Alliance® (“NFHA”). NFHA leads the fair housing movement and represents over 170 local fair housing enforcement agencies throughout the United States. NFHA’s members serve on the front lines, combatting millions of incidents of housing discrimination.

The nation is faced with a fair and affordable housing crisis that is squeezing the budgets of everyday people, particularly consumers of color. Low housing inventory, record competition from corporate investors, exclusionary zoning ordinances, high interest rates, and more are all driving prices higher. The Federal Reserve Board does not have the tools to address these housing challenges. While the Federal Reserve attempted several deflationary efforts, housing costs continued to skyrocket. And Federal Reserve Chair Powell recently stated progress on lowering inflation is “not assured.” Further, data shows housing will continue to be a major driver of inflation and its impact will not subside until the end of 2024 and beyond. Thus, Congress and the Biden Administration must act quickly to make equitable housing investments that promote financial inclusion and stimulate economic growth for everyone.

Homeownership is the primary way that most families build wealth and achieve economic stability. However, thousands of race conscious housing, banking, and other policies created systems and structures that were highly inequitable and mostly to the benefit of White Americans. Even after passage of the Fair Housing Act in 1968 and Equal Credit Opportunity Act in 1974, policies of the federal government and private actors continued to perpetuate segregation and discrimination. Explicitly race-based policies were replaced by subtler “race-neutral” methods of excluding people of color. These policies and practices created today’s persistent and growing racial homeownership and wealth gaps where the White homeownership rate is nearly 67 percent higher than the Black homeownership rate, 45 percent higher than the Latino homeownership rate, and 20 percent higher than the rate for the Asian American community.

Mortgage discrimination is not a relic of the past. The Department of Justice’s recent record settlements totaling more than $100 million in redlining cases in Black and Latino neighborhoods nationwide is a stark reminder that redlining persists and underscores the importance of using all the tools at our disposal to root it out.

Even technological homeownership decisions perpetuate bias. Researchers at UC Berkely found that algorithmic systems overcharge Black and Latino mortgage borrowers $765M more annually, and Automated Valuation Models perpetuate discrimination against homeowners of color.

People of color continue to share stories of having to “whitewash” their homes to receive a fair and accurate appraisal. Can you imagine having to remove your personhood from your home, which is also often a family’s largest asset? In 2021, homes in White neighborhoods were appraised at values nearly 250 percent higher than similar homes in similar Black neighborhoods and at values nearly 278 percent higher than similar homes in similar Latino neighborhoods within the same metropolitan areas, depriving households of color of opportunities to build wealth. Overall, White communities have access to over $15 trillion more in capital because of racialized appraisal practices.

There are solutions that are already working in forward thinking states like Minnesota, Maine, Vermont, Rhode Island, New Jersey, and North Carolina. Congress can follow their lead and remove barriers that stymie progress and center housing as the path to restorative justice and inclusive growth.

The Homeowner Assistance Fund (HAF) is an example of Congress doing just that by helping nearly 400,000 hardest hit homeowners remain housed during the COVID pandemic. HAF along with sensible mortgage servicing reforms supported broadly by the housing sector were instrumental in thwarting another foreclosure crisis like the one that occurred in 2008. Further, the addition of inclusive policies like the Equal Credit Opportunity Act’s Special Purpose Credit Programs helped to increase Black homeownership by 13 percent and Latino homeownership by seven percent between 2019-2023. NFHA partnered with MBA to create a Special Purpose Credit Program Toolkit to assist lenders with properly developing the programs.

All future net household growth will be from households of color and White homeownership is set to decline. With housing accounting for nearly 20 percent of the United State’s GDP, Congress must advance inclusive policies so that the housing market and economy are not jeopardized.

My written testimony details other solutions, and I look forward to discussing them with you. Thank you.

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