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Presentation, discussion, and possible action to approve the 2024 State of Texas Analysis of Impediments to Fair Housing Choice
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RECOMMENDED ACTION
recommendation
WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the development and assessment of a fair housing planning document in accordance with the Interim Final Rule (IFR) for HUD Community Planning and Development (CPD) funding recipients;
WHEREAS, this assessment document requires the state’s efforts to affirmatively further fair housing as part of a component of the Consolidated Planning process regulation 24 CFR §91.520(a) and serves as a basis for fair housing planning with an aim toward increasing housing choice and identifying any patterns of fair housing complaints;
WHEREAS, this fair housing document is required because the Texas Department of Housing and Community Affairs (TDHCA or the Department) operates several HUD CPD-funded programs - the HOME Investment Partnerships Program (HOME), the National Housing Trust Fund (NHTF), and the Emergency Solutions Grant (ESG);
WHEREAS, three other state agencies, the Texas General Land Office (GLO), Texas Department of State Health Services (DSHS), and Texas Department of Agriculture (TDA) are also recipients of CPD funds from HUD, and TDHCA leads the HUD Consolidated Planning process on behalf of all Texas state agencies that receive CPD funds;
WHEREAS, under the IFR a HUD program participant may determine how best to engage in the fair housing planning process to certify and satisfy its obligation to affirmatively further fair housing consistent with the definition in the IFR;
WHEREAS, TDHCA chose to update the 2019 Analysis of Impediments to Fair Housing Choice (AI) to fulfill the intent to certify and affirmatively further the policies and purposes of the Fair Housing Act;
WHEREAS, a Draft 2024 AI was released for public comment in compliance with the State’s HUD-approved Citizen Participation Plan of the Consolidated Plan process, and the public comment period for the Draft 2024 AI was open from April 3, 2024, through May 3, 2024, with four hearings held during the public comment period; and
WHEREAS, HUD requires that a fair housing planning document be completed by July 18, 2024, or 365 days before the required submission of the state’s next five-year Consolidated Plan which is due to HUD on July 18, 2025;
NOW, therefore, it is hereby
RESOLVED, that the 2024 State of Texas Analysis of Impediments to Fair Housing Choice, in the form presented to this meeting, is hereby approved and the Executive Director and his designees are each hereby authorized, empowered and directed, for and on behalf of the Department, to publish on the Department’s website the Analysis of Impediments to Fair Housing Choice and, in connection therewith, to make such non-substantive grammatical and technical changes as they deem necessary or advisable.
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BACKGROUND
The Texas Department of Housing and Community Affairs (TDHCA) produced the 2024 Analysis of Impediments to Fair Housing Choice (AI) in conformance with the Interim Housing Rule (IHR) for HUD Community Planning and Development (CPD) funding recipients. TDHCA serves as the central coordinator of this document on behalf of all Texas state agencies that receive CPD funds. TDHCA operates several CPD-funded programs, including the HOME Investment Partnerships Program (HOME), the National Housing Trust Fund (NHTF), and the Emergency Solutions Grants (ESG) programs. Three other state agencies, the Texas General Land Office (GLO), Texas Department of State Health Services (DSHS) and Texas Department of Agriculture (TDA) are also recipients of CPD funds, and TDHCA leads the AI development on behalf of these Texas state agencies. The Texas Workforce Commission, Civil Rights Division (TWC-CRD) also participates in the process, providing training, technical assistance, and data on fair housing complaints. A planning document is required by HUD to be completed as a component of the five-year Consolidated Planning process; TDHCA last prepared an AI in the summer of 2019.
As part of this planning process, the State reviewed the 2019 AI, and then took an inventory of the actions it has taken to mitigate the identified impediments since 2019. By combining data analysis, public consultation with the work that was responsive to the 2019 AI, and a review of current Texas statute and administrative code, impediments were identified.
In addition, all chapters of the previous 2019 document were revised keeping in mind several key aspects and goals which HUD put forth in their early 2023 proposed IHR. Due to this approach, this 2024 AI has a more streamlined, less structured format. In the past five years, since the last AI was published there have been advances in available software and digital tools that enhance connectivity. Staff has chosen to replace most static charts and tables from the previous 2019 document with interactive charts, graphs, and maps using Tableau software. The intent of visualizing this geographic information is to help the reader more quickly and easily derive insights from the data and provide a more useful, interactive online document.
Because the issues addressed in the 2019 AI were broad and pervasive, the state does not consider the five impediments listed in the 2019 AI to be resolved. However, based on newer insights and input, those impediment statements have been revised to make them as current and relevant as possible. To that end, the state has now identified and added an additional impediment that it will strive to address during the next five years. These six impediments, listed in summary form below, are expanded upon in Chapter 11 of the 2024 AI.
Impediment No. 1: Not in My Backyard Syndrome (NIMBYism) limits affordable housing development, which could limit housing choice for protected classes in some communities.
Impediment No. 2: There is a lack of understanding of and awareness of resources on fair housing law, rights, and duties available to local governments, stakeholders, and the public about fair housing requirements and programs to assist low-income residents and persons with disabilities.
Impediment No. 3: Protected classes may experience obstacles in accessing homeownership and lending products.
Impediment No. 4: The scarcity and location of accessible and visitable housing units limits fair housing choice for persons with disabilities.
Impediment No. 5: There are barriers for specific protected classes that limit mobility and free housing choice.
NEW Impediment No. 6: Unexpected or otherwise unpredictable events or economic shocks, and resulting economic disruptions, have an outsized impact on certain protected groups or class members.
Consultation Process
The four state agencies in Texas that receive HUD CPD funds - TDHCA, TDA, GLO, and DSHS - collaborated on the creation of the Draft 2024 Analysis of Impediments to Fair Housing Choice. TDHCA takes the lead role in collaborating on the year-round coordination for fair housing among the agencies, and in drafting the AI. The Texas Workforce Commission, Civil Rights Division (TWC-CRD) also participates in the process, providing technical assistance and data on fair housing complaints.
In compliance with its Citizen Participation Process identified in its Consolidated Plan, the State offered multiple opportunities for consultation in order to garner input for the initial draft Analysis of Impediments. E-mail blasts were used to contact local officials, advocacy groups, and stakeholder groups inviting them to provide input on fair housing issues in their community for use in the draft Analysis of Impediments. A Google form was used to ask stakeholders to provide input. Accommodations were available upon request to individuals requiring auxiliary aids, services, or sign language interpretation in order to participate in the consultation process.
TDHCA sent e-mail blasts to the Department’s various distribution groups including: Community Affairs, Consumer News and Info, Multifamily program participants, and all Single Family sub-recipients.
Opportunities for consultation were provided at regularly-scheduled meetings with specific stakeholder groups in order to reach as many groups as possible. These consultations included meetings with the Texas Interagency Council for the Homeless (TICH), and the Housing and Health Services Coordination Council (HHSCC).
Any and all input for the AI was accepted during the online consultation period. The robust early input and participation period provided great insight in the State of Texas’ identification of impediments and in its ability to assess progress made toward previously identified impediments to fair housing choice.
Public Comment Period
At the TDHCA Board meeting of February 6, 2024, the Draft AI was given approval to be released for public comment in April. The Draft AI was posted to the TDHCA website and notification of this posting announced by email distribution to over 30,000 email addresses.
In accordance with the State’s HUD approved Citizen Participation Plan, the public comment period for the Draft AI was open from April 3, 2024, to May 3, 2024. Notification of the public comment period and public hearings were announced by email distribution and published in the Texas Register on March 29, 2024. Four public hearings were held. Notification of the public hearings were also released by TDHCA’s X (Twitter) and Facebook accounts and posted on the TDHCA Events Calendar <https://www.tdhca.texas.gov/calendar> and the TDHCA Public Comment Center <https://www.tdhca.texas.gov/tdhca-public-comment-center> webpages.
This final AI document is now being presented to the Department’s Board for consideration and final approval before submission to HUD on or before July 18, 2024. The state’s next five-year Consolidated Plan is due to HUD on July 18, 2025, and the fair housing planning document is due by July 18, 2024, or 365 days before the submission of the next Consolidated Plan.
Staff recommends approval of this document and action.
Attachment A - 2024 AI Reasoned Reponses
Attachment B - 2024 Analysis of Impediments to Fair Housing Choice