2132 Availability of the Commonwealth's Draft Analysis of Impediments to Fair Housing choice and summary of recommendations; public hearing

DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT

Availability of the Commonwealth's Draft Analysis of Impediments to Fair Housing Choice and Summary of Recommendations; Public Hearing

[45 Pa.B. 6889]
[Saturday, December 5, 2015]

 The Department of Community and Economic Development (Department) is requesting public comment on the proposed Commonwealth's Analysis of Impediments to Fair Housing Choice (AI) with emphasis on the regions of this Commonwealth not receiving direct Federal funding from the United States Department of Housing and Urban Development (HUD) through the Community Development Block Grant (CDBG) or Federal Home Investment Partnership (HOME) programs.

 This summary is designed to provide an opportunity for citizens, stakeholders, local governmental officials and interested organizations of this Commonwealth to comment about the AI and the recommendation to eradicate these impediments.

 As a condition of receiving Federal funding from HUD, municipalities and states must certify that they are affirmatively furthering fairness and equal opportunity in housing for individuals and groups protected by the Federal Fair Housing Act of 1968 (42 U.S.C.A. §§ 3601—3631) and its amendments. Jurisdictions must meet this obligation by performing an AI as part of their consolidated planning process for housing and community development programs under 24 CFR Part 91 (relating to consolidated submissions for community planning and development programs). The AI is used to identify barriers to fair housing and to develop and implement strategies and actions to overcome these impediments.

 The Department, as the Commonwealth's recipient HOME, Emergency Solutions Grant and CDBG program funds, has been designated as the Department responsible for the preparation of the AI.

Content

 This AI broadly analyzes actions and conditions that may have the effect of restricting housing choice for people protected under State and Federal fair housing laws. The AI not only identifies impediments to fair housing choice, but also makes recommendations to overcome the effects of those impediments and shall serve as the basis for fair housing planning, providing essential information to staff, policy makers, housing providers, lenders and fair housing advocates and assisting with garnering community support for fair housing efforts.

 To address impediments identified in the study, the report offers a set of recommendations for consideration.

Recommendation #1: Increase Public Awareness of Fair Housing Rights

 The Commonwealth could strengthen efforts to make the public aware of fair housing rights and further emphasize how reporting fair housing violations can have positive outcomes. This would include providing communities information on fair housing laws and policies, model zoning ordinances and advice from other communities that have succeeded in overcoming regulatory impediments to fair housing choice.

Recommendation #2: Improve and Better Utilize Financial Assistance for Housing

 High housing costs and cost burdens to both buyers and renters can be reduced through financial assistance programs. The variety and volume of programs available to low/moderate-income persons is large. Realtors, lenders and rental property owners often do not know what is available and what the qualifications are for the various programs. All could benefit from more information on the availability of home financing and rental subsidy programs. In addition, Federally-supported programs could be better designed and targeted. The Commonwealth could provide more information and realign its housing finance policies to more directly confront housing affordability issues.

Recommendation #3: Increase Access to Special Needs Housing

 The Commonwealth should gather more information of this emerging impediment and determine to the extent to which the available supply of supportive housing is limited. Further investigation may also be necessary of potential discriminatory practices reported in recent complaints. Promoting best practices for alternative types of special needs/elderly housing and considering policy changes may be in order. Shaping community attitudes as described in the first recommendation may also be necessary to confront this barrier.

Recommendation #4: Strengthen Linkages between Transportation and Jobs

 As stated in the findings, inadequate access to and from employment centers and the availability of job opportunities where people live remains a barrier to fair housing. To address this impediment to fair housing choice, the Commonwealth can strengthen linkages between transportation and jobs. This would first entail examining linkages between transportation, jobs and housing. Incentives for transit oriented housing development in this Commonwealth have resulted in better linkages between transportation and jobs. Various State agencies could examine similar incentives that connect to jobs as well. Efforts could be made to link all three elements using those same incentives, jobs transportation and housing. The State government could also explore and identify regional development opportunities that locate and provide access to jobs near where people live then share success stories with local governments.

Recommendation #5: Strengthen Local Zoning Ordinances

 The Commonwealth could provide assistance to local governments to strengthen zoning ordinances to further fair housing. This could include help to identify and remove regulatory impediments, to promote fair share principles articulated in the Pennsylvania Municipalities Planning Code (53 P. S. §§ 10101—11202) and in case law, and to enact regulatory best practices that further fair housing such as inclusionary zoning provisions. Also, the Commonwealth could consider amendments to the Municipalities Planning Code to provide authority, currently lacking, for enactment of mandatory inclusionary zoning provisions.

Public Review

 The Commonwealth's Draft AI is available on the Internet for public comment through January 6, 2016. The AI can be viewed at http://community.newpa.com/library/. Scroll to the bottom of the page for a quick link. The final plan will be made available again at these same locations following HUD approval. CD copies of the AI can be obtained by calling [phone].

Written Comments

 Comments may be electronically submitted to RA-DCEDcdbg&[e-mail]. Use ''2015 AI Comments'' as the subject line. Written comments should be submitted to Megan L. Snyder, Center for Community Financing, Department of Community and Economic Development, 400 North Street, 4th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120-0225. Written comments must be received by close of business at 4 p.m. on January 6, 2016, to be included as testimony in the AI.

Public Hearing

 A public hearing is scheduled for December 22, 2015, from 1:30 p.m. to 2:30 p.m. The public hearing will be conducted electronically by means of the Internet. The format will be more accessible in that persons who wish to make a comment may participate directly from their phone, personal computer or from any computer location that has Internet access, such as their public library.

 Any individual or organization may give testimony or comments by means of the Internet. Comments will be accepted about topics related to the AI. The Commonwealth encourages public participation in this process.

 Anyone who wishes to participate must register in advance. Contact Jonathan Cherry at RA-DCEDcdbg&[e-mail] to receive registration instructions for the Internet meeting at least 24 hours prior to the meeting date. During the hearing, if support is required, call [phone].

 Anyone who has a disability and wishes to attend the public hearing should contact Megan L. Snyder, 4th Floor, Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120-0225, [phone] or TDD [phone] to discuss how the Department can accommodate their needs. This must be done at least 72 hours prior to the meeting.

DENNIS M. DAVIN, 
Secretary

[Pa.B. Doc. No. 15-2132. Filed for public inspection December 4, 2015, 9:00 a.m.]