October-December 2017 Volume 26: Number 4

Combating State Preemption Without Falling into the Local Control Trap Thomas Silverstein

In recent years, there has been a (fracking) to ridesharing to municipal preempting progressive local laws, concerted effort by well-funded con- broadband. Significantly, some types they have often targeted cities that are servative interests, led by the Ameri- of blocked ordinances attempt to ad- more heavily Black and Latino than can Legislative Exchange Council dress social equity issues for margin- their encompassing states. It is clear (ALEC), to pass state laws that pre- alized communities, either directly or that, as practiced in 2018, many state empt local governments from engag- indirectly. State legislatures have legislatures are exercising their power ing in a broad range of regulatory ac- stepped in to stop localities from broad- to preempt local laws in a manner that tivity and, at times, the provision of ening non-discrimination protections frustrates racial justice goals and re- public services. The breadth of these to include sexual orientation, gender duces the political self-determination laws is staggering, covering topics identity, and source of income, and of people of color. ranging from hydraulic fracturing have barred living wage ordinances, inclusionary zoning ordinances, and The Perils of Local Control Thomas Silverstein, tsilverstein@ other policies designed to increase ac- lawyerscommittee.org, is Counsel at cess to opportunity for low-income For those familiar with civil rights the Lawyers’ Committee for Civil people of color. When state legisla- history, however, the need for con- Rights Under Law. tures have taken the step of expressly (Please turn to page 2) Snatching Defeat from the Jaws of Victory: HUD Suspends AFFH Rule that was Delivering Meaningful Civil Rights Progress Justin Steil and Nicholas Kelly

After years of sustained pressure munity development field, the Depart- analysis that we conducted prior to the from civil rights advocates and sup- ment of Housing and Urban Develop- suspension, however, suggests that the port from across the housing and com- ment (HUD) in July of 2015 at last AFFH Rule was working. Even issued the Affirmatively Furthering though some municipalities submitted Justin Steil, [email protected], is As- Fair Housing (AFFH) Rule. On Janu- weak proposals, HUD correctly re- ary 5, 2018, however, HUD abruptly fused to accept those plans until they sistant Professor of Law and Urban announced that no new Assessments of were revised, and the majority of sub- Planning at MIT. Nicholas Kelly is a Fair Housing (AFHs) would be re- missions were a significant improve- PhD student in Urban Studies and quired until October of 2020, and ment over the prior Analysis of Im- Planning at MIT. This article is AFHs in progress would not be re- pediments to Fair Housing (AI) re- adapted from a forthcoming paper by viewed. In justification of the suspen- gime. the authors; citations have been omit- sion, HUD claimed that cities need ted. more time to comply. A research (Please turn to page 12)

Poverty & Race Research Action Council • 740 15th Street NW • Suite 300 • Washington, DC 20005 202/906-8023 • FAX: 202/842-2885 • E-mail: [email protected] • www.prrac.org Recycled Paper (STATE PREEMPTION: Cont. from p. 1) posite. In deciding whether to support with racially biased leaders and large, or oppose individual bills in state leg- diverse cities that adopt counterproduc- straints on local control is equally clear. islatures, there is no quandary here. tive and discriminatory responses to Although state laws often mandated Advocates and committed legislators crime. segregation at the local level under Jim can easily commit to preempting ex- Crow, we remember the Montgom- clusionary and discriminatory local ery Bus Boycott, not the Alabama Bus policies and practices while opposing Anti-Discrimination Law Boycott, and Brown v. Topeka Board the preemption of policies and prac- Strikes the Balance of Education, not Brown v. Kansas tices that break down barriers and in- Board of Education. To this day, the crease access to opportunity. From Under certain circumstances, fed- municipalities play at least as central a time to time, there may be disagree- eral anti-discrimination laws may have role as, and perhaps a larger role than, ment about which category a bill falls the best potential for overturning pre- states in perpetuating and exacerbat- into, but the normative consequences emption laws that undermine racial ing segregation and racial disparities of such disputes are not inherently far- equity, and with fewer unintended in housing, education, employment, reaching. consequences. Yet prevailing in cases and criminal justice. The exclusion- For legal advocates, deciding using these theories raises significant ary zoning that keeps affordable hous- whether to advance interpretations of challenges, as discussed below. ing out of predominantly white com- state law that invalidate state preemp- For example, the Equal Protection munities is largely the product of city tion is entirely more complicated. The Clause of the Fourteenth Amendment councils and county boards of super- state law doctrines that can support of the U.S. Constitution prohibits visors, not state legislatures. Police challenges to state preemption laws states from adopting laws where in- chiefs hired by local officials estab- tentional discrimination is a motivat- lish policing priorities and strategies ing factor for passage. In some in- that fuel mass incarceration. State leg- For legal advocates, stances, there may be evidence, includ- islation can, at times, be an effective deciding whether to ing circumstantial evidence, that state tool for limiting the ability of local advance interpretations legislatures acted with discriminatory governments to adopt policies that gen- of state law that intent in adopting preemption laws. erate inequality. The New Jersey Fair Equal Protection Clause challenges to Housing Act, for example, pushes invalidate state preemption laws typically rely on the municipalities to adopt inclusionary preemption is entirely framework for inferring discriminatory zoning as a means of allowing a rea- more complicated. intent from circumstantial evidence sonable opportunity for the develop- enunciated by the U.S. Supreme Court ment of their fair share of the regional in 1977 in Metropolitan Housing De- need for affordable housing. That law can, almost without exception, support velopment Corp. v. Village of Arling- is every bit as much of a constraint on challenges to good state laws just as ton Heights. In that seminal case, local authority to regulate land use as readily as attacks on bad state laws. which involved a challenge to exclu- laws in Indiana, Kansas, and other For example, state constitutional home sionary zoning in a predominantly states which prohibit local inclusionary rule protections can shield discrimina- white Chicago suburb, the Court zoning. tory at-large systems of election that looked to the disparate impact of the The civil rights movement simply may limit political representation for zoning decision, the village’s history cannot embrace local control without people of color from state regulation. of discrimination, departures from conditions. The challenge for racial Restrictions on legislation that targets procedural and substantive norms in justice advocates is differentiating be- only one municipality may stymie at- the zoning process, and contempora- tween the increasingly common state tempts to address racial equity prob- neous statements by local officials. preemption laws that undermine racial lems that arise in specific localities, Though the Court ultimately con- justice goals and those that do the op- which may include both communities cluded that the plaintiffs had not proven that discriminatory intent was a motivating factor for the zoning de- Poverty & Race (ISSN 1075-3591) is published four times a year by the Poverty and cision, the Village of Arlington Race Research Action Council, 740 15th Street NW, Suite 300, Washington, DC 20005, Heights factors have guided the adju- 202/906-8052, fax: 202/842-2885, E-mail: [email protected]. Megan Haberle, editor; Tyler Barbarin, editorial assistant. Subscriptions are $25/year, $45/two years. Foreign dication of cases of this type ever since. postage extra. Articles, article suggestions, letters and general comments are welcome, Two important current challenges as are notices of publications, conferences, job openings, etc. for our Resources Section- to state preemption laws attempt to uti- —email to [email protected]. Articles generally may be reprinted, providing PRRAC lize the Village of Arlington Heights gives advance permission. framework to prove violations of the © Copyright 2017 by the Poverty and Race Research Action Council. All rights reserved. Equal Protection Clause. First, in (Please turn to page 9)

2 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 INTERVIEW: The Cycle of Segregation Maria Krysan, Kyle Crowder, Tyler Barbarin, and Megan Haberle

Maria Krysan and Kyle Crowder’s new book, Cycle of Segregation (Russell Sage 2017), analyzes housing segrega- tion, mobility, and the ways that daily, lifelong experiences mold people’s views of the neighborhoods they should—and should not—live in before they even begin considering a move. Drawing on interviews with dozens of Chicago residents, the authors offer a new framework for understanding the persistence of housing segregation despite reductions in the most overt forms of discrimination, the expansion of the Black middle class, and liberalizing racial attitudes. Although econom- ics and discrimination are more commonly understood to drive housing segregation, this new research shows how segrega- tion is also perpetuated by the communities we live in and the ways that social networks—that have already been shaped by segregation—determine housing search processes. Tyler Barbarin and Megan Haberle at PRRAC interviewed Krysan and Crowder about their research findings and Cycle of Segregation. A modified transcript follows.

PRRAC: To begin, what inspired and ethnic groups, which translate into anticipation or perceptions of discrimi- the book and research, and what differential abilities to buy into neigh- nation. In other words, those two of prompted you to write about these borhoods; the discrimination argu- the big three are impossible to disag- findings? ment, which focuses on barriers to gregate from each other. That was one frustration with existing research. The KYLE CROWDER: Maria is mostly enter into certain kinds of neighbor- second is that there are many other fac- a social psychologist and I am mostly hoods; and third, people’s prefer- tors that are driving segregation that an urban demographer, and both of us, ences, people’s choices of where to are fully ignored when you just focus coming from very different perspec- live being incompatible with integra- on the big three. tives, realized early on that we had tion. Those are the “big three” that similar frustrations with the theoreti- get laid out in a canonical fashion. Our PRRAC: Preferences, as you said, cal arguments regarding residential frustration was that, first of all, the are shaped by experience. How segregation. We started filling in a new big three aren’t independent forces: would you address the fact that mi- theoretical argument for articulating they interact with each other. For ex- nority experiences with segregation the hidden drivers of residential seg- ample, some people argue that pref- and discrimination are sometimes a regation through which segregation is erences are race neutral, just people matter of safety? And asking people perpetuated, inspired mostly by what wanting to live with similar people. to integrate may be asking them was missing theoretically from the seg- In contrast, some of my earlier work momentarily to feel unsafe, while we regation lens. looks at how African American pref- erences, in particular, were shaped by (Please turn to page 4) MARIA KRYSAN: Traditionally, the three explanations for segregation are: economic differences between racial CONTENTS:

Interviewees: Kyle Crowder, Combating State Preemption without Falling [email protected], is Blumstein-Jor- into the Local Control Trap ...... 1 dan Endowed Professor in the Depart- Thomas Silverstein. Anti-discrimination law strikes ment of Sociology at the University of the balance. Washington; Maria Krysan, krysan@ Snatching Defeat from the Jaws of Victory ...... 1 uic.edu, is Professor and Head in the Justin Steil and Nicholas Kelly. On HUD’s AFH suspension. Department of Sociology and profes- The Cycle of Segregation ...... 3 sor in the Institute of Government and Maria Krysan, Kyle Crowder, Tyler Barbarin, and Megan Public Affairs at the University of Illi- Haberle. An interview with the authors. nois Chicago. The Constitutional Right to Education is Long Overdue .. 5 Interviewers: Tyler Barbarin is Edi- Derek Black. The 14th Amendment’s citizenship guarantee. torial Assistant for Poverty & Race, After the Superstorm ...... 7 and Megan Haberle is Director of David Rammler. Sandy’s lessons in hurricane recovery. Housing Policy at PRRAC; many PRRAC Update ...... 6 thanks to Sarah Arruda, Communica- Resources ...... 16 tions Intern, for her assistance.

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 3 (SEGREGATION: Continued from page 3) ing in that community would be like? change after they have moved and And how do you keep Latinos and encountered new neighborhoods. focus on the formal policies of inte- African Americans engaged in inte- Could you talk a bit about mutable gration? What are your thoughts grated neighborhoods in a way that preferences and what lessons can be on the best way to address these con- makes that integration sustainable? It’s drawn from that? And more gener- cerns for physical and mental safety not just about moving into a static ally, about the role of those voucher —or are we saying to people, “just neighborhood: it’s about community mobility programs as a learning hold on?” building in integrated neighborhoods. tool? For decades, the assumption in the seg- MARIA KRYSAN: One of the inter- KYLE CROWDER: One of the things regation literature was that integrated esting things in writing this book is the to keep in mind, and that we try to neighborhoods are inherently unstable, way in which voucher mobility stud- emphasize in the book, is that forces and just on their way from one brand ies came to be great examples of an that created people’s perceptions of of segregation to another. Part of the area in which we actually know a fair neighborhoods, and of safety and qual- policy answer here is correcting that amount about how people search for ity of life in various neighborhoods, assumption. housing and the related interventions is a product of forces that have been programs have used. That group has in play for decades and decades. I PRRAC: Could you also speak to really been studied more than any other think it would be a little bit foolish to the political way forward for your group of searchers and movers: we believe that we can undo all of the policy suggestions? Given the cur- don’t elsewhere have such detailed in- work that has been done for decades sights about the search experience, and and in a short time. A long term an- the related hardships and preferences. swer to your question is that as people One of the insights from Stefanie Deluca’s work looks at ac- develop exposure to various kinds of this book and the com- tual changes over time in people’s neighborhoods, expand outside of their plicated story of the preferences, in regard to housing. daily rounds, outside of their residen- drivers of segregation is Some of her insights are gleaned from tial history, some of this will erode that there are more the accounts of mobility programs naturally. The problem is that these about the things that have and have not extensions beyond the daily rounds and levers that are available worked: where they tried to change beyond residential history are hard to to us than [only] the people’s perceptions and gave them affect. Still, there are subtle ways we federal government. exposure, or gave them the resources can encourage folks to move outside they need to make a move different of their existing residential experiences rent administration, to what extent from one that all the segregative forces and to be exposed to more neighbor- can we keep our foot on the gas as we talk about in the book would oth- hoods, to find places where they feel more progressive and less progres- erwise lead them to make. One path safe and ways to facilitate that move- sive administrations come and go? forward is to look at what you learned ment in a way that allows them to feel in that context, and think about how safe. One of the things we talk about MARIA KRYSAN: One of the insights you can apply it outside of a federally in the book is the importance of being from this book and the complicated funded program for voucher holders close to kin, especially as a protective story of the drivers of segregation is and for populations that are in similar mechanism: are there ways to open up that there more levers that are avail- circumstances. residential opportunities for kinship able to us than the federal government. networks and gain new residential ex- We put ideas in the book that the neigh- KYLE CROWDER: In terms of mu- periences together? borhood could do, that the communi- tability of preferences: one of the ma- The other part of this, of course, is ties could do. For instance, we talk in jor insights from the book is that it’s community maintenance: the idea is the book about marketing campaigns not people’s preferences that need to not people moving into neighborhoods for communities: being welcoming to be addressed, it’s really their knowl- that are static, but rather that people people with all races and ethnicities. edge of actual communities. One of get into places and affect the commu- A community can insist on diverse our inspirations was the work that nity there. One theme of the book is marketing tools, diverse approaches, Maria Krysan did with Mike Bader at the disparity between the actual, on- and openness. American University that demonstrates the-ground lived experiences that that there are huge blind spots in people have and the assumptions that PRRAC: The book also explores the people’s knowledge of actual neigh- people hold. For example, how do we fluidity of preferences, in particu- borhoods, and there are big racial dif- help whites who move into integrated lar looking at some of the experi- ferences in these blind spots, so there neighborhoods engage in the commu- ences of Housing Choice Voucher are whole sections of the metropolitan nity in ways that do not just reflect movers in Baltimore and Chicago, area that people never actually consider their prior assumptions about what liv- and how people’s preferences may (Please turn to page 14)

4 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 The Constitutional Right to Education is Long Overdue

Derek Black

Public school funding has shrunk argue that students have a fundamen- Research that I began before any of over the past decade. School discipline tal right to an education that ensures these lawsuits were filed indicates they rates reached historic highs. Large ra- they are literate. Otherwise, “[t]he may be onto something remarkable— cial and socioeconomic achievement stigma of illiteracy will mark them for particularly the plaintiffs in Missis- gaps persist. And the overall perfor- the rest of their lives, deny them the sippi. While the U.S. Constitution mance of our nation’s students falls ability to live within the structure of does not explicitly mention education, well below our international peers. our civic institutions, and foreclose any a careful examination of the events These bleak numbers beg the question: realistic possibility that they will con- leading up to the enactment of the don’t students have a constitutional tribute in even the smallest way to the Fourteenth Amendment reveal that right to something better? progress of our Nation.” In the Con- education was to be an implicit guar- Most Americans understandably be- necticut case (Martinez v. Malloy), antee of citizenship. Without the gov- lieve that federal law protects their plaintiffs argue that while the U.S. ernment extending education to former right to education. Why wouldn’t it? Supreme Court has never recognized slaves and poor whites, they would All fifty state constitutions recognize a full-fledged right to education, its never fully exercise their rights as citi- a right to education. The same is true prior decisions leave open the possi- zens, and the nation could not become of the national constitution in 170 or a true democracy. so other countries. Yet the word “edu- cation” does not even appear in the A careful examination United States Constitution, and fed- Why a Federal Right to of the events leading up Education Matters eral courts (most notably in the 1973 to the enactment of the Supreme Court case San Antonio v. Rodriguez) have rejected the idea that Fourteenth Amendment A federal constitutional right to edu- education is a fundamental constitu- reveal that education cation is necessary for all students to tional right and should be protected was to be an implicit get a fair shot in life. Absent a federal anyway. guarantee of citizen- check, education policy tends to reflect While advocates and scholars have ship. politics more than an effort to deliver lamented the problem for the past fifty quality education. In many instances, years, no one has come up with a plau- states have done more to cut taxes than sible solution. Effective litigation strat- to support needy students. egies have been in such short supply bility of a federal constitutional right The delivery of education in the that advocates had all but given up on to a “minimally adequate education.” United States is extremely decentral- the federal courts by the late 1980s. It Like the Michigan plaintiffs, they ar- ized, producing inequitable results. seemed the only solution was to amend gue that a minimally adequate educa- Local districts have a much larger ef- the Constitution itself. That, of course, tion is crucial for basic citizenship. fect on the quality of education a stu- is no small undertaking. In recent de- In May 2017, the Southern Poverty dent receives than the state or federal cades, therefore, the debate over the Law Center filed a third suit in Mis- government. State government, in right to education has been primarily sissippi (Williams v. Bryant), claim- turn, has a much larger effect than the academic. ing that federal law requires Missis- federal government. The summer of 2016 marked a sur- sippi to maintain the commitment the The net result is vast funding in- prising turning point. Two indepen- state first made in education in 1869. equality among states. For instance, dent groups—Public Counsel and Stu- Following the Civil War, Congress New York spends $18,100 per pupil, dents Matter—filed lawsuits in Michi- exercised its authority to grant or deny while Idaho spends $5,800. New York gan and Connecticut. In the Michigan the readmission of southern states to is wealthier than Idaho, and its costs case (Gary B. v. Snyder), plaintiffs the Union. When Congress granted are of course higher, but New York Mississippi’s readmission, it did so only still spends a larger percentage of its under the condition that Mississippi state resources on education than Idaho. Derek Black, derekwblack@gmail. provide public education to everyone Likewise, Kentucky is slightly poorer com, is Professor of Law at the Uni- and that it never renege on that com- than Tennessee, but spends $8,500 per versity of South Carolina School mitment. Plaintiffs allege that Missis- pupil while Tennessee spends $7,300. of Law. sippi has broken that promise. (Please turn to page 6)

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 5 (EDUCATION: Continued from page 5) fused to address these educational in- could never fully become a citizen. equalities. In 1973, in San Antonio v. Congress implemented this guaran- In short, geography and wealth are Rodriguez, the Supreme Court explic- tee through a complex series of events important factors in school funding, itly rejected education as a fundamen- following the war. By 1868, Congress but so is the effort a state is willing to tal right. Later cases asked the Court was in the middle of two of our make to support education. to recognize some narrower right in nation’s most significant events: the re- States often makes things worse by education, but the Court again refused. admission of southern states to the dividing their funds unequally among These new lawsuits are seeking to Union and the ratification of the 14th school districts. In Pennsylvania, the change that at last. While none of the Amendment. While numerous schol- poorest districts have 33 percent less new lawsuits explicitly state it, all three ars have examined this history, few, if per pupil than wealthy districts. Half advance the notion that education is a any, have closely examined the inter- of the states follow a similar, although basic right of citizenship in a demo- section of public education with these less extreme, pattern. cratic society. Rich evidence to sup- events. The evidence is in plain view, These funding cuts and inequalities port this principle can be found in the but has never been properly contextu- among and within states matters. Re- history of the 14th Amendment itself. alized or pieced together. The most viewing decades of data, a 2014 study startling revelation is how central edu- found that a 20 percent increase in cation was to transformation of the school funding, when maintained, re- While none of the new south and the nation as a whole. In sults in low-income students complet- lawsuits explicitly state fact, the evidence shows, Congress ing nearly a year of additional educa- it, all three advance the demanded that southern states provide tion, wiping out roughly half of the notion that education is public education, with a direct effect graduation gap between low- and a basic right of citizen- on the rights guaranteed by the 14th middle-income students. A more re- ship in a democratic Amendment. cent study found that a 10 percent in- As I detail in the Constitutional crease in funding correlates with a 5 society. Compromise to Guarantee Education, percent jump in graduation rates in Congress placed two major conditions high-poverty districts. With a 99 per- Immediately after the Civil War, on southern states’ readmission to the cent confidence level, a Kansas study Congress needed to transform the slave- Union: Southern states had to adopt showed that “a 1 percent increase in holding South into a working democ- the 14th Amendment and rewrite their student performance was associated racy and ensure that both freedmen and state constitutions to conform to a re- with a .83 percent increase in spend- poor whites could fully participate in publican form of government. In re- ing.” These findings are just the most it. High illiteracy rates posed a serious writing their constitutions, Congress detailed recent examples of the schol- barrier. Illiteracy among whites in the expected states to guarantee education. arly consensus: money matters for edu- South was more than four times higher Anything short of this was unaccept- cational outcomes. than in the north. African American able, and Southern states got the mes- illiteracy in the South was even higher; sage. By 1868, nine of ten southern it had been a crime to teach African states seeking admission had guaran- The Original Intent to Americans to read. As my research teed education in their constitutions. Ensure Education documents, this led Congress to de- Those that were slow or reluctant were mand that all states guarantee a right the last to be readmitted. The last three While normally the refuge for civil to education. Without education, Con- states—Virginia, Mississippi and rights claims, federal courts have re- gress believed, the average person Texas—saw Congress explicitly con- dition their readmission on providing education. The intersection of southern read- missions, the rewriting of state con- stitutions, and the ratification of the PRRAC Update 14th Amendment must be understood to define the meaning of the 14th • Last month, we said goodbye focused on Housing and Livability Amendment itself. The Fourteenth to two of our valued staff members issues, and Michael Hilton, Policy Amendment could not become an of- who have moved on to new posi- Counsel (education) will be work- ficial part of the Constitution until tions: LaKeeshia Fox, our Policy ing in the General Counsel’s office southern states also adopted it. And Counsel (housing) is moving to of the New York City Department southern states could not reenter the AARP, where she will serve as an of Education. Congratulations, Union until they ratified the 14th AARP Legislative Representative LaKeeshia and Mike! Amendment and rewrote their state (Please turn to page 8)

6 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 After the Superstorm

David Rammler

Losses and costs of recovery from proportionately served people of color sult of this settlement, the road to re- 2017 hurricanes in Texas, Florida, and lower-income people and the lack covery continues to be rocky for too Puerto Rico and the U.S. Virgin Is- of initial rental funding in the rebuild- many New Jersey families. There are lands and wildfires in California have ing plan threatened to displace renters still thousands of New Jersey families been estimated in the hundreds of bil- from both higher-opportunity subur- five years later who are not finished lions of dollars. As recovery efforts ban communities and gentrifying ur- rebuilding. Many of the recovery pro- continue to take shape, fair housing ban neighborhoods. The agreement grams aimed at working families and advocates should heed the lessons of also led to the creation of a program communities of color didn’t get off the Superstorm Sandy and the New Jer- specifically designed to assist low- and ground until after the settlement was sey rebuilding process. moderate-income homeowners seeking in place—years after the storm hit. The disaster recovery process in to rebuild, after HUD found that the While there have been areas of im- New Jersey was hampered from the be- initial program serving homeowners provement, one of the lessons from ginning by both repeated administra- had not sufficiently been marketed in Sandy is that when programs are ini- tive failures and a systemic lack of in- areas with significant concentrations of tially not designed correctly, the im- terest in rebuilding in ways that were homeowners of color. pacts reverberate for years, especially fair to working families, immigrant At the same time, the settlement for lower-income people who cannot communities and communities of sought to reform a litany of failed prac- afford to wait. color. The state’s original plan almost Yet advocates seeking to ensure eq- completely ignored these deficiencies uitable rebuilding in areas hit hard by and, additionally, diverted substantial There are still thousands this year’s hurricane season are in a federal funding to projects in politi- of New Jersey families better position because of the work we cally connected communities that had five years later who are did after Sandy. Our settlement agree- seen almost no impact from Sandy. not finished rebuilding. ment with the state helped shape im- When attempts to work with state of- portant federal guidance under Title ficials to remedy these serious prob- VI of the Civil Rights Act issued in lems fell on deaf ears, the Latino Ac- tices by the state and its contractors 2016 by the Department of Justice and tion Network of New Jersey, the New that threatened to leave thousands of all major agencies involved in disaster Jersey NAACP and the Fair Share New Jersey families without recovery recovery that confirmed disaster recov- Housing Center of New Jersey filed a support. For example, serious prob- ery programs must follow federal civil civil rights complaint against the state. lems had impacted residents of lim- rights laws. The guidance called on A mediation process concluded 14 ited English proficiency, particularly states, counties and municipalities to months later with a landmark agree- Latino communities with many Span- proactively plan to respond to the ment, the largest settlement in the his- ish and Portuguese speakers. At one needs of low-income communities, tory of the federal Fair Housing Act. point, the state’s Spanish-language immigrant families and communities As part of the settlement, Gov. website listed inaccurate application of color and instructed federal agen- Chris Christie’s administration com- deadlines for state programs. As a re- cies to ensure equitable rebuilding op- mitted to addressing severe problems sult of the settlement, the state pledged portunities that respect victims’ civil in its disaster recovery plan that threat- to spend millions of dollars in cultur- rights. ened to leave thousands of renters and ally and linguistically appropriate out- Even with this meaningful federal homeowners behind. The State of New reach to communities of color and guidance, substantial additional re- Jersey allocated about a half a billion immigrant communities to ensure that forms of federal disaster recovery pro- dollars more than initially planned to eligible families knew about state as- grams remain needed. On the federal develop affordable, multifamily hous- sistance programs. Additionally, con- level, the Federal Emergency Manage- ing in communities that were most fronted by a series of state contractors ment Agency (FEMA) and the Depart- impacted by the storm along the Jer- who had systematically failed to prop- ment of Housing and Urban Develop- sey Shore and other storm-impacted erly process disaster assistance appli- ment should provide better training to communities. These rental homes dis- cations, and had improperly denied disaster personnel on the particular eligible homeowners, the settlement problems posed by storm-damaged forced the state to re-review all denied manufactured homes. Even relatively David Rammler, davidrammler@ applications and provide residents with minor water damage could cause total fairsharehousing.org, is an Attorney opportunities to appeal decisions. loss of the structures. In addition, at Fair Share New Jersey. Despite the progress made as a re- (Please turn to page 8)

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 7 (SUPERSTORM: Continued from page 7) will be able to understand. Also key (EDUCATION: Continued from page 6) to any effective response from the ad- FEMA must improve management of vocacy community is access to current constitutions. By the time the 14th private insurance companies that pro- disaster recovery data. Advocates Amendment was finally ratified in cess flood claims to ensure that people should press state, local and federal 1868, these congressional demands and receive the benefits for which they are officials for accurate and timely data state constitutional law had cemented eligible. Too many families’ claims in on recovery to track progress and education as a central pillar of citizen- New Jersey were improperly rejected quickly identify trouble spots. ship. In other words, for those who or underpaid—and there remains no Finally, if local officials are pre- wrote and ratified the 14th Amend- clear and speedy appeal process to ad- paring to implement inequitable recov- ment, the explicit right of citizenship dress these problems. ery plans, advocates must be prepared in the 14th Amendment included an On the local front, the processes for to move quickly to protect the civil implicit right to education. The rea- accepting and processing impacted rights of impacted communities. It is soning of both Congress and the state resident’s assistance applications must imperative that advocates work quickly conventions was clear: “Education is be easily understood, contain safe- to insert themselves into the process the surest guarantee of the … preser- guards to protect information, allow so that the voices of low-income com- vation of the great principles of repub- residents to track their application pro- munities and families of color are lis- lican liberty.” cessing, and guide them through an tened to and included in any final di- The rest is history. Our country unwieldy alphabet soup of aid pro- saster recovery plan. This involvement evolved from one in which fewer than grams and offices that can confound is especially critical for the longer- half of states guaranteed education ordinary families. Poorly designed prior to the war to one in which all procedures—and an over-reliance on fifty state constitutions guarantee edu- contractors with poor track records of If local officials are cation today. In fact, prior to the Civil responding to other disasters—divert preparing to implement War, the vast majority of states had resources that could be used to help inequitable recovery entered the Union without any provi- families and significantly prolong the plans, advocates must sion for education in their state con- rebuilding process. be prepared to move stitutions. But after the Civil War, While disaster recovery will involve quickly to protect the Congress would never admit another the hiring of many contractors, advo- state to the Union whose constitution cates should take care to ensure that civil rights of impacted did not provide for education. federal Section 3 diversity targets are communities. The new cases before the federal met or exceeded and that local minor- courts offer an opportunity to finish ity- and women-owned businesses have term recovery programs using Com- the work first started during Recon- a fair shot at bidding for work against munity Development Block Grant-Di- struction—to ensure that all citizens out-of-state outfits that swoop in and saster Recovery (CDBG-DR) funds receive an education that equips them seek work following a disaster. Be- administered by HUD. Federal, state to participate in democracy. The na- cause mistakes will occur, it’s impera- and local governments face pressure tion has made important progress to- tive that all disaster relief applicants to quickly initiate recovery programs, ward that goal, but so much more know about, and have access to, quick but, if the programs are flawed from work remains. The time is now for and simple appeal processes and that the beginning, valuable time is lost and federal courts to finally confirm that all aid request denials are explained to unnecessary suffering occurs in the the United States Constitution does, families in clear, simple language they many months it will undoubtedly take in fact, guarantee students the right to to correct problems and to resolve a quality education. ❏ SAVE THE DATE civil rights complaint. Time is of the essence in the weeks and months following a major hurri- Resources 2018 National cane. Advocates should be armed with The Constitutional Compromise to Housing Mobility an understanding of how federal dol- Guarantee Education, Stanford Conference lars are allocated to impacted commu- Law Review (forthcoming 2018). nities and the lessons of Superstorm Current draft available at https:// Hosted by PRRAC and Sandy, and be prepared to utilize new ssrn.com/abstract=2982509. tools, particularly the 2016 civil rights Mobility Works guidance, to win a seat at the table and ensure that any final recovery plan Chicago, IL focuses on the needs of low-income June 19, 2018 residents and communities of color. ❏

8 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 (STATE PREEMPTION: Cont. from p. 2) federal preemption, Due Process Leveraging Disparate Clause, and First Amendment argu- Impact Lewis v. Governor of Alabama, low- ments, in addition to a claim that Texas income African-American workers and intentionally discriminated against Depending on the nature of the pre- civil rights groups are challenging a Latinos by enacting the law in viola- empted local ordinances, federal civil 2016 Alabama statute that expressly tion of the Equal Protection Clause. rights statutes may provide a more ef- preempts municipalities from adopt- The evidence that the Texas Legisla- fective line of attack on these perni- ing minimum wages that are higher ture acted with discriminatory intent cious state laws than Equal Protection than the federal minimum wage. The includes the disparate impact of the claims do. That is so because, under legislature enacted the law in response law on Latinos; the state’s recent his- some federal civil rights laws, plain- to the City of Birmingham’s passage tory of intentionally discriminating tiffs can prove violations through evi- of a living wage ordinance that would against Latinos through racial gerry- dence of the unjustified disparate im- have incrementally raised the mini- mandering in the drawing of legisla- pact of a policy or practice (even if mum wage within the city to $10.10 tive districts; the legislature’s consid- they could not prevail on an intentional per hour. Following the Village of eration of the bill in a context marked discrimination theory). Under the dis- Arlington Heights’ factors, the plain- by a virulent anti-immigrant backlash parate impact framework, a plaintiff tiffs marshaled statistical evidence fueled by the campaign of President can challenge neutral policies or prac- showing that African-American work- Donald J. Trump; coded language tices that cause a disproportionate ad- ers were disproportionately likely to used by legislators who supported the verse effect or disparate impact and benefit from the city’s ordinance; cited bill; and irregularities in the legisla- either are not justified or have justifi- Alabama’s recent discriminatory en- tive process such as the bulk consider- cations that could be served through actment of a restrictive immigration ation of amendments. less discriminatory alternative policies. law (which shared co-sponsors with In August 2017, the U.S. District The disparate impact rule of the U.S. the living wage preemption bill); Court for the Western District of Texas Department of Housing and Urban De- pointed out that legislative process was velopment sets forth a burden shifting rushed and that the legislature failed framework under which the plaintiff to provide required notice of the bill Depending on the must show that the challenged policy to Birmingham residents; noted that nature of the preempted or practice has a disparate impact or the legislature did not consider any local ordinances, federal perpetuates segregation, the defendant studies or expert testimony relating to civil rights statutes may then has the opportunity to show that the subject of the bill; and referenced provide a more effective the policy or practice is necessary to statements by legislators that were line of attack on these achieve a substantial, legitimate, non- coded references to people of color. discriminatory interest, and, lastly, the Despite this substantial evidence of pernicious state laws plaintiff has the chance to show that a discriminatory intent, the U.S. Dis- than Equal Protection less discriminatory alternative policy trict Court for the Northern District Claims do. or practice could serve the defendants’ of Alabama granted the state’s motion interest (24 C.F.R. § 100.500). to dismiss. The plaintiffs appealed that One such case is Inclusive Commu- decision to the U.S. Court of Appeals granted a preliminary injunction bar- nities Project v. Abbott, a lawsuit filed for the Eleventh Circuit, where the ring enforcement of many aspects of in the U.S. District Court for the Lawyers’ Committee for Civil Rights the statute but did not address the Equal Northern District of Texas in Febru- Under Law filed an amicus curiae brief Protection Clause claims in its deci- ary 2017 by the Inclusive Communi- underscoring this evidence, alongside sion. Texas appealed that decision to ties Project (ICP), a Dallas-based or- other key arguments. the U.S. Court of Appeals for the Fifth ganization that provides mobility coun- Second, in City of El Cenizo v. Circuit, which issued a stay allowing seling to Housing Choice Voucher State of Texas, several municipalities, the state to enforce parts of the law holders seeking to move to high op- elected officials, and civil rights pending appeal. The Lawyers’ Com- portunity neighborhoods within the groups are challenging a 2017 Texas mittee filed an amicus curiae brief in Dallas-Fort Worth area. The lawsuit statute that purports to preempt mu- support of those challenging the law, claims that a 2015 Texas statute pre- nicipalities and other public entities elaborating on the Equal Protection empting municipalities from adopting with law enforcement functions, such Clause claim. protections against housing discrimi- as public universities, from adopting At the time of writing, each of these nation on the basis of source of in- sanctuary policies that limit the role cases remained pending in the Courts come, except for local ordinances that of local law police in the enforcement of Appeals. narrowly apply to veterans, violates of federal immigration laws. The the federal Fair Housing Act. ICP, plaintiffs have raised a variety of previously the successful plaintiff in claims in their complaints, including (Please turn to page 10)

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 9 (STATE PREEMPTION: Cont. from p. 9) ans Affairs Supportive Housing nities, a law blocking inclusionary Voucher program, which is also vol- zoning perpetuates segregation. The the case in which the U.S. Supreme untary, is inconsistent with this justi- design of the inclusionary zoning pro- Court upheld the viability of dispar- fication. ICP further observed that gram matters a great deal for how com- ate impact claims under the Fair Hous- there are alternative policies that a mu- pelling these arguments would be. ing Act, is alleging that the state law nicipality could incorporate into a Most inclusionary zoning programs do violates the Fair Housing Act on both source of income discrimination ordi- not serve extremely low-income and intentional discrimination and dispar- nance in order to address landlord con- very low-income tenants, and low, ate impact theories. ICP included the cerns, such as providing compensation moderate, and sometimes middle-in- City of Dallas as a defendant, as well, for delays in lease-up due to the Hous- come households served by inclus- because it had adopted a source of in- ing Quality Standards inspection pro- ionary zoning are not always dispro- come ordinance consistent with the cess for the utilization of vouchers. A portionately people of color. Thus, restrictions in the state statute. state law requiring local governments local context is important, and the pre- The Texas Legislature passed the to include similar types of provisions emption of an ordinance that reaches preemption law at issue in response to deeper levels of affordability may be two local developments. First, the City a stronger jumping off point for this of Austin adopted an ordinance pro- The state’s primary kind of a disparate impact claim. tecting voucher holders from discrimi- justification is weak: Another obstacle in using the Fair nation. Second, the City of Dallas ensuring that Housing Act’s disparate impact stan- entered into a voluntary compliance muncipalities not re- dard to overcome the preemption of agreement with the U.S. Department quire participation by inclusionary zoning is that data on the of Housing and Urban Development actual inhabitants of affordable units resolving allegations of violations of landlords in a voluntary produced through inclusionary zoning civil rights and fair laws, including the federal program. generally is not available, unlike data duty to affirmatively further fair hous- on the residents of subsidized housing. ing. As a part of that agreement, the Accordingly, in order to construct a city committed to introducing a pro- could be a less discriminatory alterna- disparate impact claim, it would be posed ordinance in the Dallas City tive to Texas’s sweeping approach. A necessary to project likely occupancy Council that would protect voucher motion to dismiss the case is pending. based on the percentage of households holders from discrimination. The within certain income ranges by race council adopted a narrow source of or ethnicity. Doing so will often re- income ordinance solely protecting Safeguarding sult in a projection of African-Ameri- veterans in a purported effort to com- Inclusionary Zoning can and Latino occupancy that is be- ply with the state law barring source low what would occur in practice. One of income protections. Inclusive Communities Project v. way to counteract this issue through In support of its disparate impact Abbott has the potential to serve as a inclusionary zoning program design claim, ICP argues that in the context guide for challenges to a broader range would be to follow the example of of Dallas where over 86% of voucher of preemption laws than just source of Montgomery County, Maryland and holders were African American as of income protections. Yet the threshold provide for the local housing author- 2013, the state law and the city’s adop- requirement of establishing statistical ity to purchase some percentage of af- tion of an ordinance consistent with proof of disparate impact may be more fordable inclusionary units to operate that law would have a disparate im- difficult to meet in connection with as public housing. That would allow pact on African Americans and would other equitable local housing policies. the use of data on the actual demo- perpetuate segregation in light of the Specifically, state laws that preempt graphic composition of public hous- greater incidence of source of income inclusionary zoning may be susceptible ing residents and individuals on the discrimination in predominantly white to challenge. In theory, the same sta- waiting list to project the occupancy areas. The state’s primary justification tistical framework as in Inclusive Com- of those units. for the law is weak: ensuring that mu- munities Project v. Abbott could ap- With respect to possible state justi- nicipalities not require participation by ply to such a case. The hypothetical fications for preempting inclusionary landlords in a voluntary federal pro- argument would be that residents of zoning and less discriminatory alter- gram. This justification is flawed for, affordable units in otherwise market natives to preemption, many of the as ICP argues, it may be a plausible rate inclusionary developments are dis- arguments marshaled by ICP in its interest for a landlord, but not for a proportionately people of color and, challenge to the state preemption of government entity. Moreover, that the because new market rate development local source of income laws appear law also effectively allows localities is disproportionately likely to be lo- relevant. Avoiding the perceived bur- to require participation in the Veter- cated in predominantly white commu- den of having to provide affordable

10 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 units would seem to be more properly the interest of a developer and not the Thank you for Making our Fall Fundraising state, particularly in light of states’ Campaign a Success! affirmatively furthering fair housing obligations as HUD grantees. Addition- Larry Adelman Ingrid Ellen Ann Owens ally, state legislation requiring munici- Margery Adams John Elson Sandra Park palities to provide incentives to devel- Sy Adler Steve & Amy Dennis Parker opers to offset the costs of providing Gregg Adler Eppler-Epstein affordable units would be a logical less Diana Pasculli Nancy Alisberg Ellen Feingold Geoff Patterson discriminatory alternative to broad Deborah Ambers Craig Flournoy preemption. Larry Pearl Dennis Andrulis Lori Gale Ted Pearson A potentially thornier justification Michelle Aronowitz William Gardiner for preemption would leverage strate- Peter Piazza Jonathan Asher Sandy Gerber Fred Pincus gically chosen studies that claim that Lois Athey Alan Glickman inclusionary zoning is ineffective and Carrie Pleasants Christine Bachrach Susan Goering Robert Pledl has unintended consequences for hous- Jon & Alice Bauer John Goering ing affordability. Although competing Alexander Polikoff Howell Baum Daniel Goldstein Brian Povolny studies may credibly rebut those as- Jamey Bell Anne Goldstein sertions, Professor Stacy Seicshnaydre Mike Rawson Chris Beneman Rachel Godsil Eric & Alison Rector of Tulane University Law School has Susan Bennett Peter Gottesman written about how difficult it is for Hilary Reyl Bethany Berger Joe Guggenheim Allan Rodgers plaintiffs to prevail in disparate im- Miriam Berkman Barbara Haley pact claims, and convincing a court to Paula Rhodes Alan Berlow Jill Hamberg Daniel Rinzler credit one study over another would Paul Birnberg Mike Hanley be difficult. The more likely route to Florence Wagman Joel Blau Stephanie Hayes Roisman success would be arguing, similar to Susan Blaustein Brett Hill the response to the first justification, William Rubenstein Lawrence Blum David Hinojosa Gabriela Sandoval that the state can guard against any Elise Boddie Camille Holmes potential unintended consequences by Barbara Sard Jack Boger Homes for America Anthony Sarmiento requiring municipalities to provide for Nicole Borghard Genethia Hudley- adequate incentives. Michael Schneider Chris Brancart Hayes Catherine Dorn Schreiber John Brittain Olati Johnson Tony Schuman The State’s Obligation to Steven Brockhouse Susanne Jonas Dick Simpson Affirmatively Further Fair Prudence Brown Rodney Jordan David Sears Housing Harriet Caner Henry Kahn James Sessions Linda Campbell Jonathon Kahn Brian Smedley A final possible avenue for arguing James Campen David Kandel Stephen Smith that preemption violates federal civil Harry Carey Kris Keniray Audrey & Ben Solnit rights laws has great normative appeal Juan Cartegena Daniel Kirk-Davidoff Gregory Squires but poses challenges with respect to Sheryll Cashin Alex Knopp James Schulman enforceability. The Fair Housing Act Lynn Cochrane Henry Korman Deborah Schwartz requires recipients of federal housing Lizabeth Cohen Maria Krysan Louise Simmons funds to affirmatively further fair Matthew Colangelo Robert Ledogar Justin Steil housing. Every state in the U.S. re- Sheila Crowley Heather Lewis David Tegeler ceives housing and community devel- Justin Cummins Spence Limbocker Marie Tegeler opment funds from HUD, as well as Carla Davidoff Warren Ludwig Rachel Telushkin similar funds from other federal agen- Susan DeJarnatt Catie Marshall Robert Tilley cies, and, as a result, has a duty to Bailey De Iongh Dwight Merriam Together We Run affirmatively further fair housing. In Stephanie DeLuca Nancy McArdle Nora Toney various contexts, HUD has held out Harry Derienzo Mike Miller Fred Underwood both source of income discrimination Itai Dinour Mark Muir Larry Vale protections and inclusionary zoning as Robin Drayer Michael Omi Peggy Wiesenberg best practices for affirmatively further- Susan Eaton Paul Ong David Williams ing fair housing. HUD’s 2015 Affir- Ron Ellis Jon Orleans Jody Yetzer matively Furthering Fair Housing rule Thomas Ellis (Please turn to page 12)

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 11 c (STATE PREEMPTION: Cont. from p. 11) forceability of federal statutory obli- (AFFH: Continued from p. 1) gations or Congress amends the Fair requires states, among other HUD Housing Act to create an express pri- Regulatory Background grantees, to certify that they will not vate right of action to enforce the duty, take action that is materially inconsis- the duty to affirmatively further fair When Congress enacted the Fair tent with the duty to affirmatively fur- housing may emerge as a stronger bul- Housing Act in 1968, it prohibited dis- ther fair housing (Affirmatively Fur- wark against state preemption laws that crimination on the basis of race, color, thering Fair Housing, 80 Fed Reg. target equitable local housing policies. religion, national origin, and sex (and 42272, 42350 (July 16, 2015). It is In an administration committed to ro- later family status and disability) in the clear that prohibiting local govern- bust civil rights enforcement, admin- provision of housing and also required ments from adopting HUD-endorsed istrative complaints alleging that pre- that federal housing and community best practices for affirmatively further- emption laws violate the duty to affir- development funding “affirmatively ing fair housing is materially incon- matively further fair housing may get further” fair housing (42 U.S.C. sistent with the duty to affirmatively some traction and present a viable non- §5304(b)(2); see also 42 U.S.C. further fair housing. Two possible litigation route to preserving the abil- §3608(e)(5); 24 C.F.R. §5.154). avenues arise from this situation: a ity of local governments to adopt hous- The policy interests underlying the Fair private right of action to enforce the ing policies that advance racial justice Housing Act and its AFFH provision duty against HUD grantees, or a False goals. are still sharply relevant today: levels Claims Act lawsuit. of residential segregation by race in Each of these avenues presents chal- the United States remain high. And lenges. Unfortunately, although the The potential for higher levels of metropolitan area seg- ultimate issue of whether there is a success of these regation continue to be associated with private right of action to enforce the theories is uncertain, worse socio-economic outcomes for duty against HUD grantees remains but the adjudication of Black and Latino young adults. Seg- unsettled, lower court precedent is not pending cases over the regation by race and by income is also conducive to claims that there is such coming years will be associated with lower levels of overall a private right of action. Despite show- socio-economic mobility, for all resi- ing some potential in U.S. ex rel. Anti- highly informative. dents of a metropolitan area. Discrimination Center of Metro New Yet although the Department of York, Inc. v. Westchester County, the Housing and Urban Development federal False Claims Act has proved Conclusion (HUD) is responsible for ensuring that to be a limited tool for enforcing the recipients of HUD funding affirma- duty in subsequent cases. It may be As advocates seek to stem the tide tively further fair housing, HUD has possible to argue that preemption laws of state preemption laws blocking a rarely enforced these provisions of the are, in turn, preempted under the Su- wide range of equitable policies, the Fair Housing Act. After Congressional premacy Clause of the U.S. Constitu- political process is and will remain the prodding, HUD in 1988 required grant tion in light of their conflict with the primary venue for fighting back. For recipients to submit an Analysis of duty to affirmatively further fair hous- some types of laws, however, there are Impediments to Fair Housing Choice ing, but the U.S. Supreme Court made legal theories grounded in both the (AI) and certify that they were fur- claims of that ilk more difficult in its Equal Protection Clause of the U.S. thering fair housing. HUD, however, 2015 decision in Armstrong v. Excep- Constitution and federal civil rights rarely if ever reviewed these AIs and tional Child Center, Inc., in which it statutes that could provide a litigation many HUD grant recipients paid little established a new and more stringent option when legislative advocacy is attention to advancing fair housing. A test for evaluating whether judicial en- unsuccessful. The potential for success 2010 Government Accountability Of- forcement of federal statutes is appro- of these theories is uncertain, but the fice report found that roughly one priate. adjudication of pending cases over the third of AIs were out of date and that If, in the future, there are shifts in coming years will be highly informa- the majority of AIs lacked any time the jurisprudence governing the en- tive. Where preemption targets types frame for implementing their recom- of local policies that implicate federal mendations. civil rights statutes that allow for dis- In contrast, the 2015 AFFH Rule Visit PRRAC’s parate impact claims, the potential to was designed to provide HUD grant fight back through the courts is at its recipients “with an effective planning website at greatest. These types of theories avoid approach to aid program participants the pitfalls of embracing local control in taking meaningful actions to over- www.prrac.org when the past and present contain come historic patterns of segregation, countless examples of discriminatory promote fair housing choice, and fos- exercises of local control. ❏ ter inclusive communities that are free

12 • Poverty & Race • Vol. 26, No.4 • October-December 2017 from discrimination” (24 C.F.R. ously under the AI process. We rec- of a goal that makes essentially no pub- §5.150). Pursuant to the AFFH Rule, ognize that introducing a new policy lic commitment to any defined action HUD now provides data about residen- or having a quantifiable metric for a and provides minimal ways to mea- tial segregation about disparities in goal is at best an imperfect measure of sure if fair housing information is be- access to opportunity (measured in the robustness of an AFH plan, but it ing effectively disseminated and what terms of local school proficiency, job is a consistently measurable character- effect that dissemination is having on access, transportation access, and ex- istic of goals that captures at least some awareness or enforcement of fair hous- posure to environmental hazards) to level of the strength of a tangible pub- ing laws. public entities receiving HUD funds. lic commitment. The AFH from Wilmington, by Those HUD grant recipients are then Of all goals in the 27 AIs we re- contrast, includes an increased num- required to engage in a community viewed (one AI was unavailable), only ber of goals (12) and a number of more process to conduct an analysis of seg- 5 percent contained a quantifiable concrete commitments. “10% of af- regation, of racially or ethnically con- metric or included a new policy. By fordable housing produced with CDBG centrated areas of poverty, of dispari- contrast, 33 percent of all goals in the and HOME participation over the next ties in access to opportunity, and of 28 AFHs contained a quantifiable met- 5 years will be targeted for persons disproportionate housing needs within ric or new policy, an increase of 28 with disabilities”; “partner with area the jurisdiction, and then to identify percentage points. Every municipal- banks to provide up to 10 mortgages what factors contribute to these fair annually through the homeownership housing issues (24 C.F.R. §5.154 Throughout the AFHs opportunities program to households (d)(1)-(3)). To address those contrib- at or below 80% of AMI” with a com- uting factors, grant recipients then set we reviewed, munici- mitment that housing authority will out goals for advancing fair housing palities made concrete enhance the existing Housing Choice and equal access to opportunity, iden- commitments to mea- Voucher homeownership program sup- tify the metrics, milestones, and par- surable goals or to the port; “fund after school programs in ties responsible for achieving those implementation of new racially or ethnically concentrated ar- goals, and, in their subsequent Con- policies. eas of poverty over the next 5 years” solidated Plans and annual Action such that “75% of youth enrolled will Plans, include strategies and actions to increase scores on end of year test at realize the Assessment of Fair Hous- ity except one (Harrisonburg, VA) had 80% or more; 90% promotion to next ing (AFH) goals (24 C.F.R. §5.154 more goals with quantifiable metrics grade level”; and a commitment to (d)(4)-(5)). Municipalities began sub- or new policies in their AFH than in making 100% of city owned available mitting their AFHs to HUD on a roll- their AI. On the one hand, advocates in-fill lots available for development ing basis in 2016. can and should ask why only a third into affordable housing, as well as re- of AFH goals included either a new visions to the zoning code to encour- policy or an easily measurable metric Research Findings: age mixed-use, mixed-income, and and should be pressing municipalities mixed-tenure status units. The goals Concrete Commitments, to make even more innovative goals in the AFH are more specific, touch Consistency with the and concrete commitments. On the on a broader range of place-based char- FHA’s and Rule’s Aims other hand, compared to the old AIs, acteristics affecting access to opportu- the new AFHs include a dramatic in- nity, and include concrete commit- To evaluate to what extent the crease in the number of goals, in the ments to measurable outcomes, from AFFH submissions differ from the ambition of those goals, and in the first-time home-buyer loans financed, prior AI submissions, we coded and share of goals with metrics the public to dwelling units that are accessible to analyzed all of the 28 AFHs that were can use to hold municipalities account- the disabled, to school performance, submitted between October 2016 (the able to their commitments. to the use of public land for afford- first submission date) and July of For instance, in the Wilmington, able housing. 2017, as well as each of these munici- North Carolina AI, one of the nine Throughout the AFHs we reviewed, palities’ AIs (their previous plans filed goals and recommendations was to municipalities made concrete commit- before the AFFH Rule came into ef- “consider soliciting an intern from a ments to measurable goals or to the fect) to examine variation in two ar- local college to institute basic practices implementation of new policies. eas. We analyzed differences in the with regard to fair housing” for the Some of those goals attempted to in- robustness of municipal goals (mea- city and the county by “disseminating crease the mobility of households re- sured as goals that set out a quantifi- fair housing information,” “develop- ceiving housing vouchers. For in- able metric or commit to a new policy) ing and monitoring a hotline,” and stance, New Orleans, Louisiana set out to address segregation between those “work[ing] with the city and county to provide landlords in the city with plans submitted pursuant to the AFH to maintain fair housing information information on how to become a Hous- process and those submitted previ- on each website”. This is an example (Please turn to page 14)

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 13 (AFFH: Continued from p. 13) vest in “transforming racially and eth- participants with the opportunity re- nically concentrated areas of poverty spond to HUD feedback and to ing Choice Voucher landlord in order into areas of opportunity” (“place- strengthen their final AFHs so as to to expand program participation and based” goals). There was a more than meet their fair housing obligations. In decrease the share of Housing Choice five-fold increase in both of these types short, the non-acceptances should be Voucher properties in racially or eth- of goals, from fewer than 20 across seen as a strength of the new rule not a nically concentrated areas of poverty all of the AIs to nearly 100 in the failure. We hope that a non-acceptance from 33% to 30% by 2021. Other goals AFHs. would be embraced by a municipality sought to reduce displacement from Of the AFHs we reviewed, roughly as an opportunity to improve their gentrification. For instance, Seattle, one out of four had initially been “not- analysis and enhance their goals and Washington proposed scaling its man- accepted” by HUD for failing to com- simultaneously embraced by HUD as datory housing affordability require- ply with the AFFH Rule and HUD has a sign of the need for further invest- ments to geographic areas of the city reported that of all 48 submissions prior ment in technical assistance to munici- based on market conditions, in an ef- to the delay in implementation just palities conducting AFHs. fort to increase the contributions to over one in three were initially not- affordable housing from areas with accepted. The primary reasons for these strong markets. Similarly, New Or- “pass-backs” were failures to suffi- Conclusion leans set out the goal of developing ciently analyze obstacles to fair hous- more than 400 affordable rental units ing or incorporate ideas from the com- Since the announcement of the in the gentrifying neighborhood of munity engagement process, failures January 5 delay, dozens of civil rights Treme over five years. Other goals to justify the prioritization of contrib- groups have expressed their opposition made commitments to increasing the uting factors for each fair housing is- to the change, urging HUD to reverse number of affordable units in neigh- sue identified, and a lack of metrics its action. If HUD will not act (or is borhoods with high levels of access to and milestones for determining when not forced to act), advocates will also opportunity. For instance, Chester fair housing results will be achieved. need to press their cities to pursue the County, Pennsylvania committed to These initial non-acceptances from our rigorous analysis and robust goals that creating 200 new affordable units in perspective represent a strength of the the AFFH rule calls for. The Fair high opportunity neighborhoods across new AFFH Rule and HUD’s implemen- Housing Act and its goal of “moving the county by 2021. Still other goals tation of it, in that the AFFH Rule has the Nation toward a more integrated focused on public housing, economic higher standards for municipalities society” require it (Texas Dep’t of development, and education. For in- than the previous AI and that HUD is Hous. & Cmty. Affairs v. Inclusive stance, Wilmington set out the aim of enforcing those standards. Addition- Communities Project, Inc., 135 S. Ct. enrolling at least 150 individuals from ally, the non-acceptances provided 2507, 2515 (2015)). ❏ public housing in a job training and placement program while New Orleans (SEGREGATION: Continued from page 4) speculate. There was a lot of pushing proposed developing new commercial people to tell us about places they sites in public housing. Perhaps the because they don’t know anything didn’t have personal knowledge of. most exciting development was the about them. And that is likely rooted And so often, a throwaway comment joint regional submission from five in their life experience, their residen- was their impression came from: “the different municipalities in the Kansas tial histories, their daily rounds. A big news of course,” “from what I have City region, collaborating across ju- part of the puzzle is how to overcome read of course,” so that in doing the risdictional lines to develop a shared those gaps in people’s knowledge of analysis you almost forgot about it, it approach to reducing place based dis- the neighborhoods and to demonstrate was so pervasive. People watch local parities in access to opportunity. the options in those blind spots. news, and local news is so driven by To assess the extent to which the coverage of crime, and all the crime AFHs were actually producing goals PRRAC: How would you character- they ever see is in the Southside of that were consistent with the AFFH ize the role of the media in all of Chicago, for instance. That’s an ex- Rule’s aim to “overcome patterns of this? In shaping current perceptions treme example but it is a window into segregation and foster inclusive com- and potentially, going forward, in the role of the media. There isn’t that munities free from barriers that restrict modifying perceptions? much data or studies that look specifi- access to opportunity based on pro- cally at the media in this regard. It is a tected characteristics,” we also coded MARIA KRYSAN: That it is incred- great area for future research, I think. goals that either proposed to increase ibly important. We conducted inter- household mobility or access to neigh- views in Chicago, in which we showed PRRAC:What other future research borhoods with low-poverty rates and people maps of the metro area and we needs do you think were exposed by other measures of opportunity (“mo- talked to them about a range of places, your research and by writing the bility” goals); or that proposed to in- asking them in many cases just to book?

14 • Poverty & Race • Vol. 26, No.4 • October-December 2017 KYLE CROWDER: This book is an exercise in taking the little clues that New on PRRAC’s Website we have about what drives residential stratification and using them to build "Fair Housing and Environmental Justice: New Strategies and Challenges," a sketch of a new theoretical argument. (Megan Haberle, Journal of Affordable Housing, January 2018) The next step is testing all aspects of "Disrupting the Reciprocal Relationship between Housing and School Seg- the theory. We have clues that things regation" (Philip Tegeler and Michael Hilton, November 2017) don’t work in the way that the “big three” theoretical arguments imply, but Court papers in Open Communities Alliance et al v. Carson (Small Area most of what we are saying requires a Fair Market Rent litigation) lot of verification. Starting at the very beginning: where do blind spots de- velop? How do people develop knowl- cluster of them that were born in the have shown significant interest in try- edge of the neighborhoods within the 1960s in different communities around ing to understand people’s neighbor- metropolitan area? What is the role of the country. It’s one of the few that hood perceptions and choices. their daily rounds? What is the role of actually have tried to intervene in the Of course, what we have been talk- the media? The news media, but also housing search process, in this case for ing about is the demand side. The sup- popular media, where stereotypes mostly middle class whites, and to ply side is the other part that metro- about the neighborhoods are baked in some extent for African Americans. politan areas need to deal with, espe- to our depictions of neighborhoods. But it is distinctive in that it has tar- cially in hot markets like Seattle. This How do kinship networks and social geted the private market, not the pub- means coming up with innovative networks influence our perception of lic sector. They too have learned a lot ways to foster integration both by so- neighborhoods? Once our knowledge of lessons about how people search for cioeconomic status, but also race and of neighborhoods is shaped, how does housing, and the efforts and strategies ethnicity. Fostering development strat- that affect how we go about searching they can use to disrupt stereotypes and egies that allow for and encourage a for housing? The on-the-ground me- perceptions. There are some great les- variety of housing types in neighbor- chanical processes of trying to iden- sons for other communities who are hoods. Making sure that development tify housing options: how are those paying more attention to Affirmatively impact fees and other funding strate- informed by knowledge, relative to Furthering Fair Housing. And that it gies are used to provide housing at a things like economic means, racial at- has to involve more than just figuring variety of income levels in neighbor- titudes, and the like? We have ideas out how to move voucher holders to hoods. In other words, we need to do from evidence about each of these opportunity areas. That’s an important things at a higher level to make sure things. But our three big theoretical piece of the puzzle, but with respect that a supply of housing is there in these arguments have been so dominant for to the larger question of integration integrated neighborhoods—but we so long that we are currently in the across a whole metropolitan area, you need to affect the demand side of it as practice of collecting data relevant to have to be thinking about ways to en- well, through developing knowledge just those three theoretical arguments. courage moves beyond that very small of these neighborhoods and affirma- A big part of the book is a call to ac- population. A population that is im- tively marketing these neighborhoods. tion to start collecting data on the other portant, but is certainly not the only kinds of hidden drivers of residential driver of segregation in our cities. That PRRAC: Concluding words? segregation, to better understand those is why the Oak Park example is so use- things and develop better policies. ful, because it’s been successful in the KYLE CROWDER: One of the take- private rental market, whereas much aways is that I would hate for policy PRRAC: Beyond the focus groups of our policy analysis is focused on makers to say: “Hey look! You know, you did in Chicago, you also talk in public housing or recipients of vouch- residential segregation is really just all the book about communities like the ers. about people’s knowledge, and their suburb of Oak Park. What lessons lived experiences, their kinship net- do you think can be gained from KYLE CROWDER: Similar kinds of work, and so you know, integrating those “experiments” of integration things are happening in Seattle. A lot metropolitan areas is beyond our con- for other communities? of our innovations in these areas start trol.” I think that would be a mistake. with public housing authorities, which There are absolutely things that met- MARIA KRYSAN: I’ve been on the have a little more control and insight ropolitan governments, city gov- board of directors of the Oak Park into the mobility process because of ernments, state governments, and the Regional Housing Center for more the voucher system, as well as an op- federal government can do to affect than a decade. It is one of the few such portunity to study what drives people’s the breadth of choices that people organizations still alive today after residential choices. King County and have. ❏ forty-some years; there were a whole other housing authorities in the area

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 15 Resources

Race/Racism • Pill, Madeleine C. "Embedding in the City? Locating Civil Society in the Philanthropy of Place." Community • Antuan M. Johnson, “Title IX Narratives, Development Journal, 2017. Intersectionality, and Male-Biased Conceptions of Racism,” 9 Geo. J. L. & Mod. Crit. Race. Persp. 57 • Ranahan, Molly E. “Planning for the Residential (2017). Needs of Lesbian, Gay, Bisexual, and Transgender Older Adults." Journal of Community Practice, April 2017.

Civil Rights History • Siegel-Hawley, Genevieve, et al. “Can Socioeco- nomic Diversity Plans Produce Racial Diversity in K-12 •“Bradley v. Milliken Desegregation Collections.” Schools?” National Coalition on School Diversity, 2017. Walter P. Reuther Library (Wayne State University). Online resource available at: reuther.wayne.edu/node/ • Spader, Johnathan, et al. “A Shared Future: Fostering 13868. Inclusion in American Neighborhoods.” Joint Center for Housing Studies, Harvard University, Nov. 2017, • Crenshaw, Kimberlé Williams, “Essay: Race Liberal- available at jchs.harvard.edu/research/publications/ ism and the Deradicalization of Racial Reform,” 130 shared-future-fostering-inclusion-american-neighbor- Harv. L. Rev. 2298 (2017). hoods.

• Whitman, Gordon. Stand Up!: How to Get Involved, Economic/Community Speak Out, and Win in a World on Fire. Oakland: Berrett- Development Koehler Publishers, 2018. • Zapata, M.A. and Bates, L.K. "Equity Planning or • Allen, Diane Jones. Lost in the Transit Desert: Race, Equitable Opportunities?: The Construction of Equity in Transit Access, and Suburban Form. Abingdon, Oxon: the HUD Sustainable Communities Regional Planning Routledge, 2018. Grants." Journal of Planning Education and Research, 37.4: 411-424. 2017. • Armborst, Tobias, Daniel D'Oca, Georgeen Theodore, and Riley Gold. The Arsenal of Exclusion & Inclusion. New York: Actar Publishers, 2017. Education

• Chetty, Raj, David Grusky, Maximilian Hell, • Bednar, Steven, and Dora Gicheva. "Workplace Nathaniel Hendren, Robert Manduca, and Jimmy Narang. Support and Diversity in the Market for Public School “The Fading American Dream: Trends in US Absolute Teachers." UNCG Economics Working Paper, November Income Mobility Since 1940.” Science, vol. 356(6336). 29, 2016. Available at https://ideas.repec.org/p/ris/ April 24, 2017. uncgec/2016_005.html.

• Galster, George. "Why Shrinking Cities Are Not • Brathwaite, Jessica. "Neoliberal Education Reform Mirror Images of Growing Cities: A Research Agenda of and the Perpetuation of Inequality." Critical Sociology, Six Testable Propositions." Urban Affairs Review, July May 2017. 17, 2017. • DiCarlo, Matthew, and Kinga Wysienska-Di Carlo. • Harper-Anderson, Elsie. "Contemporary Black "Public and Private School Segregation in the District of Entrepreneurship in the Professional Service Sector of Columbia." Shanker Institute, November 2017. Available Chicago: Intersections of Race, Entrepreneurship, and at: www.shankerinstitute.org/resource/dcsegregation. Economic Transformation." Urban Affairs Review, June 5, 2017. • Carver-Thomas, Deslree, and Linda Darling- Hammond. "Teacher Turnover: Why It Matters and What • Phillips, David C., and Hope College. “Do Low- We Can Do About It." Learning Policy Institute, August Wage Employers Discriminate Against Applicants with 2017. Available at: https://learningpolicyinstitute.org/ Long Commutes? Evidence from a Correspondence product/teacher-turnover-report. Experiment.” Center for Poverty Research, University of California at Davis. • Casey, Leo. "When Privatization Means Segregation: Setting the Record Straight on School Vouchers." Dissent Magazine, August 9, 2017. Available at:

16 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 www.dissentmagazine.org/online_articles/private-school- Pollution from Oil & Gas Facilities on African American vouchers-racist-history-milton-friedman-betsy-devos. Communities.” NAACP and Clean Air Task Force, November 2017. • Cohen, Rachel. “Desegregated, Differently.” The American Prospect, 2017. Available at: prospect.org/ • Hammer, Peter J. "The Flint Water Crisis, the article/desegregated-differently. Karegnondi Water Authority and Strategic–Structural Racism." Critical Sociology, October 6, 2017. • Egalite, Anna J., Brian Kisida, and Marcus A. Winters. "Representation in the Classroom: The Effect of • Immergluck, D. and Balam, T. “Sustainable for Own-race Teachers on Student Achievement." Economics whom? Green urban development, environmental of Education Review. January 31, 2015. https:// gentrification, and the Atlanta Beltline.” Urban Geogra- www.sciencedirect.com/science/article/pii/ phy, 2017. S0272775715000084.

• Losen, Daniel J., and Amir Whitaker. "Lost Instruc- Housing tion: The Disparate Impact of the School Discipline Gap in California.” The Civil Rights Project at UCLA, • Anacker, Katrin B., Christopher Niedt, and Chang October 2017. Kwon. "Analyzing Segregation in Mature and Develop- ing Suburbs in the United States." Journal of Urban • Luter, D. Gavin, Austin M. Mitchell, and Jr. Henry Affairs 39.6 (2017). L. Taylor. "Critical Consciousness and Schooling: The Impact of the Community as a Classroom Program on • Anacker, Katrin. "The Little Downpayment Savings Academic Indicators." MDPI. February 07, 2017. Policy That Could: Revisiting Building and Loan Societ- Available at: www.mdpi.com/2227-7102/7/1/25. ies and Their Products in times of the Tight Credit Box and the Pending Housing Finance Reform." Housing and • Orfield, Gary, et al. “New Jersey’s Segregated Society, August 25, 2015. Schools: Trends and Paths Forward.” UCLA Civil Rights Project, November 2017. • Bae, John, Kate Finley, Margaret DiZerega, and Sharon Kim. “Opening Doors: How to Develop Reentry • Quintero, Esther. Teaching in Context: The Social Programs Using Examples from Public Housing Authori- Side of Education Reform. Cambridge, MA: Harvard ties.” Vera Institute for Justice, September 2017. Education Press, 2017. • Boggs, Erin, and Lisa Dabrowski. “Out of Balance: • Richards, Meredith P. “Gerrymandering Educational Subsidized Housing, Segregation and Opportunity in Opportunity.” Phi Delta Kappan International. October Connecticut.” Open Communities Alliance, 2017. 2017. Available at: www.ctoca.org/outofbalance.

• Saunders, Marisa, Jorge Ruiz-de-Velasco, and Jeannie • Galster, George, and Patrick Sharkey. "Spatial Oakes. Learning Time: In Pursuit of Educational Equity. Foundations of Inequality: A Conceptual Model and Cambridge, MA: Harvard Education Press, 2017. Empirical Overview." The Russell Sage Foundation Journal of the Social Sciences 3, no. 2 (2017). • Stein, Samuel. “Progress for whom, toward what? Progressive politics and New York City’s Mandatory • Haberle, Megan. “Views from the Field: Health, Inclusionary Housing.” Journal of Urban Affairs, 2018. Housing, and Civil Rights Strategies.” Grant Makers in Health, Sept. 2017, available at www.gih.org/Publica- • Tegeler, Phil, and Michael Hilton. “Disrupting the tions/ViewsDetail.cfm?itemnumber=9024. Reciprocal Relationship Between Housing and School Segregation.” Joint Center for Housing Studies, 2017. • “The State of the Nation's Housing 2017.” Joint Center for Housing Studies. Available at: jchs.harvard.edu/research/publications/state-nations- Environment housing-2017.

• Anthony, Carl. The Earth, the City, and the Hidden • Roca, Jorge De La, Ingrid Gould Ellen, and Justin Narrative of Race. New York City: New Village Press, Steil. "Does Segregation Matter for Latinos?" Journal of 2017. Housing Economics, 2017.

• Fasenfest, David. “A Neoliberal Response to an Urban Crisis: Emergency Management in Flint, MI.” Health Critical Sociology, August 28, 2017. • Hahn, R.A., et al. “Civil Rights as Determinants of • Fleischman, Lesley, Marcus Franklin, and Sarah Uhl. Public Health and Racial and Ethnic Health Equity: “Fumes Across the Fence-Line: The Health Impacts of Air Health Care, Education, Employment, and Housing in the

Poverty & Race • Vol. 26, No. 4 • October-December 2017 • 17 United States.” SSM - Population Health, vol. 4, October • Frost, Amanda, “The Role and Impact of Nationwide 2017. Injunctions: Written Testimony for the House Committee on the Judiciary, Subcommittee on the Courts, Intellec- • Sandel, Megan, MD,MPH, and Matthew Desmond, tual Property, and the Internet.” November 30, 2017. PhD. “Investing in Housing for Health Improves Both Available at SSRN: https://ssrn.com/abstract=3104789. Mission and Margin.” The Jama Network, October 31, 2017. Available at: https://jamanetwork.com/journals/ • Davis, Martha F., Design Challenges for Human jama/fullarticle/2661030. Rights Cities, 49 Colum. Hum. Rts. L. Rev. 1 (2018).

• Williams, David R., and Morgan M. Medlock. • Metzger, Gillian. 1930s Redux: The Administrative “Health Effects of Dramatic Societal Events and Ramifi- State Under Siege, 131 Harv. L. Rev. 1 (2017). Available cations of the Recent Presidential Election.” New En- at: https://harvardlawreview.org/2017/11/1930s-redux- gland Journal of Medicine, vol. 376, no. 23, June 8, the-administrative-state-under-siege/. 2017. • Pacyniak, Gabriel. Making the Most of Cooperative • “The Human Rights to Water and Sanitation: An Federalism: What the Clean Power Plan has Already Annotated Selection of International and Regional Law Achieved, 29 Georgetown Environmental Law Review and Mechanisms.” WaterLex Handbook, December 2017. 301 (2017). Available at: http:// digitalrepository.unm.edu/law_facultyscholarship/512.

Criminal Justice • Pasachoff, Eloise. The President's Budget as a Source of Agency Policy Control, 47 Envtl. L. Rep. News & • Logan, John R., and Deirdre Oakley. "Black Lives Analysis 10698 (2017). and Policing: The Larger Context of Ghettoization." Journal of Urban Affairs 39, no. 8 (2017). • Pasachoff, Eloise. Two Cheers for Evidence: Law, Research, and Values in Education Policymaking and • Sharkey, Patrick, and Gerard Torrats-Espinosa. "The Beyond, 117 Colum. L. Rev. 1933 (2017) Effect of Violent Crime on Economic Mobility." Journal of Urban Economics, 2017. • Rich, Joseph. “The Robust Causality Requirement in Disparate Impact Claims Under The Fair Housing Act.” Civil Rights Insider, Winter 2018. Available at: Law www.fedbar.org/Image-Library/Sections-and-Divisions/ Civil-Rights/Civil-Rights-Winter-2018.aspx. • Briffault, Richard, Nestor Davidson, Paul A. Diller, Olatunde Johnson, and Richard C. Schragger. "The • Wiseman, Hannah Jacobs and Owen, Dave. “Federal Troubling Turn in State Preemption: The Assault on Laboratories of Democracy.” UC Hastings Research Progressive Cities and How Cities Can Respond." Paper No. 259, November 22, 2017. Available at: https:// American Constitution Society Issue Brief, September 28, ssrn.com/abstract=3076066. 2017. Available at: https://acslaw.org/preemption.

18 • Poverty & Race • Vol. 26, No. 4 • October-December 2017 PRRAC'S SOCIAL SCIENCE ADVISORY BOARD

Dolores Acevedo-Garcia Maria Krysan Brandeis Univ. Univ. of Illinois, Chicago

Raphael Bostic Roslyn Arlin Mickelson Univ. of Southern California Univ. of No. Carolina-Charlotte Sol Price School of Public Policy Pedro Noguera Camille Zubrinsky Charles UCLA Graduate chool of Education Dept. of Sociology, Univ. of Pennsylvania Paul Ong Regina Deil-Amen UCLA School of Public Policy Univ. of Arizona College of Education & Social Research

Stefanie DeLuca Gary Orfield Johns Hopkins University UCLA Civil Rights Project

Ingrid Gould Ellen Ann Owens New York Univ. University of Southern California Wagner School of Public Service Patrick Sharkey Lance Freeman New York Univ. Dept. of Sociology Columbia Univ. School of Architecture, Planning and Preservation Gregory D. Squires Dept. of Sociology, George Washington Univ. John Goering Baruch College, City Univ. of New York William Trent Univ. of Illinois at Urbana-Champaign Heidi Hartmann Inst. for Women’s Policy Research (Wash., DC) Margery Austin Turner The Urban Institute Rucker C. Johnson Univ. of California-Berkeley Margaret Weir Goldman School of Public Policy Dept. of Political Science Univ. of California, Berkeley William Kornblum CUNY Center for Social Research David Williams Harvard School of Public Health

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POVERTY and RACE RESEARCH ACTION COUNCIL Board of Directors/Staff

CHAIR John Brittain Demetria McCain Philip Tegeler Olatunde C.A. Johnson University of the District of Inclusive Communities President/Executive Director Columbia Law School Columbia School of Law Project New York, NY Washington, DC Dallas, TX Megan Haberle Sheryll Cashin S.M. Miller Director of Housing Policy VICE-CHAIR Georgetown University The Commonwealth Institute Editor, Poverty & Race José Padilla Law Center Cambridge, MA Gina Chirichigno California Rural Legal Washington, DC Dennis Parker Director, Education Policy Assistance Kristen Clarke American Civil Liberties San Francisco, CA Lawyers’ Committee for Union Kimberly Hall Civil Rights Under Law New York, NY Communications & Washington, DC SECRETARY Gabriela Sandoval Partnerships Manager john a. powell Craig Flournoy The Utility Reform Network Haas Institute for a University of Cincinnati San Francisco, CA Brian Knudsen Fair and Inclusive Society Cincinnati, OH Anthony Sarmiento Research Associate Rachel Godsil University of California- Senior Service America Peter Kye Berkeley Rutgers Law School Silver Spring, MD Law & Policy Fellow Berkeley, CA Newark, NJ Theodore M. Shaw Damon Hewitt University of North Carolina Tyler Barbarin TREASURER Open Society School of Law Administrative & Research Spence Limbocker Foundations Chapel Hill, NC Assistant Neighborhood Funders New York, NY Brian Smedley Group David Hinojosa National Collaborative Rooselie Brutus Annandale, VA Intercultural Development for Health Equity Law & Policy Intern Research Association Washington, DC Tanesha Williams Anurima Bhargava San Antonio, TX Justin Steil Law & Policy Intern Open Society Foundations Camille Holmes Massachusetts Institute of Washington, DC National Legal Aid & Technology, Dept. of City John Charles Boger Defender Assn. and Regional Planning University of North Carolina Washington, DC Cambridge, MA School of Law Elizabeth Julian Chapel Hill, NC Inclusive Communities Project [Organizations listed for Dallas, TX identification purposes only]