HUD PRESSURES LOCAL RECIPIENTS OF FEDERAL MONEY
As you may know, ABAG and MTC were the recipients of nearly FIVE MILLION DOLLARS in HUD grants (Sustainable Communities Strategy Grant 2011) in order to create Plan Bay Area. Here's an example of the pressure HUD places on recipients of its grants--the following is a letter from HUD to ABAG's director, dated September 2012.
Ezra Rapport, Executive Director
The Association of Bay Area Governments
101 Eighth St.
Oakland, CA 94607
Dear Mr. Rapport:
I am writing to you in regards to the Sustainable Communities grant that ABAG, along with the
Metropolitan Transportation Commission and other regional agencies, was awarded by HUD in
November of 2011. As you are aware, HUD is excited about the Sustainable Communities grant
program and the opportunity it presents for agencies like ABAG to promote decent sustainable housing.
As the regional council of governments, ABAG has an influential role in housing development
throughout the Bay Area, and as a recipient of HUD funds, ABAG has an obligation to conduct its
programs in a manner that affirmatively furthers fair housing. As part of this obligation, ABAG is
required to prepare a Fair Housing and Equity Assessment (FHEA) to analyze impediments to fair
housing choice that exist in the Bay Area.
To fully analyze fair housing choice, it is imperative to consider the intersection between
housing, employment, and transportation. Indeed, the State of California in its recent Analysis of
Impediments identified inadequate access to jobs and transit as a major housing barrier for low-income
minorities and individuals with disabilities. It is our hope that ABAG uses the FHEA as an opportunity
to address the relationship between jobs and public transit and fair housing choice in the Bay Area.
While the development of a FHEA requires significant analysis, our office is here to provide technical
assistance and answer questions in order to ensure your FHEA is a comprehensive and meaningful
document.
We are aware that ABAG, as the regional council of governments, is in charge of allocating
housing needs to local jurisdictions in the Bay Area; a responsibility which carries significant influence.
We note that ABAG is considering developing a Regional Housing Needs Allocation (RHNA)
methodology which allows local jurisdictions to decide whether to be included in the majority of the
housing needs allocation by choosing to designate – or not designate – neighborhoods as Priority
Development Areas (PDAs). Therefore, when preparing your FHEA, we recommend that you look at
the RHNA methodology and the voluntary nature of the PDA program in order to ensure it is consistent
with your obligation to affirmatively further fair housing.In particular, we strongly encourage you to analyze the extent to which different local
jurisdictions are either participating in or foregoing participation in the PDA program – and the
demographic characteristics of those jurisdictions – in order to determine how this will impact the
location, availability, and accessibility of housing throughout the region. Such analysis should consider
the effect this will have on housing in general, and on housing for low-income and very low-income
families. If ABAG adopts a housing allocation which is largely contingent on the voluntary PDA
designation, efforts should be made to ensure that all jurisdictions with transit-oriented neighborhoods
are allocated housing in a manner consistent with fair housing choice. Of course, our office is more than
happy to assist here as well.
The FHEA serves many purposes, and our office considers your FHEA particularly important
because of the potential it has to help local jurisdictions in preparing their own Analyses of
Impediments. In the past, municipalities have typically only looked at problems within their own
jurisdiction when performing an Analysis of Impediments, even though many of the greatest challenges
to fair housing choice often exist on a more regional level. Therefore, it is our hope that local
jurisdictions will use your FHEA as a tool to help them address fair housing concerns both within their
own borders and throughout the region.
We believe that HUD’s Sustainable Communities grant program and Fair Housing & Equity
Assessments are great opportunities to forward HUD’s mission of affirmatively furthering fair housing,
which is why we look forward to working with you on this. Thank you very much for your time and
attention, and please do not hesitate to contact us.
Sincerely,
Chuck Hauptman, Director
U.S. Dept. of Housing & Urban Development
Office of Fair Housing & Equal Opportunity
Region IX
Cc: Steve Heminger, Executive Director
The Metropolitan Transportation Commission
101 Eighth St.
Oakland, CA 94607
As you may know, ABAG and MTC were the recipients of nearly FIVE MILLION DOLLARS in HUD grants (Sustainable Communities Strategy Grant 2011) in order to create Plan Bay Area. Here's an example of the pressure HUD places on recipients of its grants--the following is a letter from HUD to ABAG's director, dated September 2012.
Ezra Rapport, Executive Director
The Association of Bay Area Governments
101 Eighth St.
Oakland, CA 94607
Dear Mr. Rapport:
I am writing to you in regards to the Sustainable Communities grant that ABAG, along with the
Metropolitan Transportation Commission and other regional agencies, was awarded by HUD in
November of 2011. As you are aware, HUD is excited about the Sustainable Communities grant
program and the opportunity it presents for agencies like ABAG to promote decent sustainable housing.
As the regional council of governments, ABAG has an influential role in housing development
throughout the Bay Area, and as a recipient of HUD funds, ABAG has an obligation to conduct its
programs in a manner that affirmatively furthers fair housing. As part of this obligation, ABAG is
required to prepare a Fair Housing and Equity Assessment (FHEA) to analyze impediments to fair
housing choice that exist in the Bay Area.
To fully analyze fair housing choice, it is imperative to consider the intersection between
housing, employment, and transportation. Indeed, the State of California in its recent Analysis of
Impediments identified inadequate access to jobs and transit as a major housing barrier for low-income
minorities and individuals with disabilities. It is our hope that ABAG uses the FHEA as an opportunity
to address the relationship between jobs and public transit and fair housing choice in the Bay Area.
While the development of a FHEA requires significant analysis, our office is here to provide technical
assistance and answer questions in order to ensure your FHEA is a comprehensive and meaningful
document.
We are aware that ABAG, as the regional council of governments, is in charge of allocating
housing needs to local jurisdictions in the Bay Area; a responsibility which carries significant influence.
We note that ABAG is considering developing a Regional Housing Needs Allocation (RHNA)
methodology which allows local jurisdictions to decide whether to be included in the majority of the
housing needs allocation by choosing to designate – or not designate – neighborhoods as Priority
Development Areas (PDAs). Therefore, when preparing your FHEA, we recommend that you look at
the RHNA methodology and the voluntary nature of the PDA program in order to ensure it is consistent
with your obligation to affirmatively further fair housing.In particular, we strongly encourage you to analyze the extent to which different local
jurisdictions are either participating in or foregoing participation in the PDA program – and the
demographic characteristics of those jurisdictions – in order to determine how this will impact the
location, availability, and accessibility of housing throughout the region. Such analysis should consider
the effect this will have on housing in general, and on housing for low-income and very low-income
families. If ABAG adopts a housing allocation which is largely contingent on the voluntary PDA
designation, efforts should be made to ensure that all jurisdictions with transit-oriented neighborhoods
are allocated housing in a manner consistent with fair housing choice. Of course, our office is more than
happy to assist here as well.
The FHEA serves many purposes, and our office considers your FHEA particularly important
because of the potential it has to help local jurisdictions in preparing their own Analyses of
Impediments. In the past, municipalities have typically only looked at problems within their own
jurisdiction when performing an Analysis of Impediments, even though many of the greatest challenges
to fair housing choice often exist on a more regional level. Therefore, it is our hope that local
jurisdictions will use your FHEA as a tool to help them address fair housing concerns both within their
own borders and throughout the region.
We believe that HUD’s Sustainable Communities grant program and Fair Housing & Equity
Assessments are great opportunities to forward HUD’s mission of affirmatively furthering fair housing,
which is why we look forward to working with you on this. Thank you very much for your time and
attention, and please do not hesitate to contact us.
Sincerely,
Chuck Hauptman, Director
U.S. Dept. of Housing & Urban Development
Office of Fair Housing & Equal Opportunity
Region IX
Cc: Steve Heminger, Executive Director
The Metropolitan Transportation Commission
101 Eighth St.
Oakland, CA 94607
