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Baseline Assessment of Public Housing Desegregation Cases: Case Studies - Volume 2 1-2

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Baseline Assessment of Public Housing Desegregation Cases: Case Studies - Volume 2 1-2 Baseline Assessment of Public Housing Desegregation Cases: Case Studies - Volume 2 1-2 Baseline Assessment of Public Housing Desegregation Cases: Case Studies Volume 2 February 2000 Prepared By: 1-3 The Urban Institute Metropolitan Housing and Communities Washington, DC 20037 Submitted To: U.S. Department of Housing and Urban Development Washington, DC 20410-3000 Contract No. C-OPC-5929, Task Order 14 UI No. 06542-014-00 1-4 The nonpartisan Urban Institute publishes studies, reports, and books on timely topics worthy of public consideration. The views expressed are those of the authors and should not be attributed to the Urban Institute, its trustees, or its funders. 1-5 Preface Purpose of the Research The overall purpose of these Baseline Case Studies of Public Housing Desegregation Cases is to produce an assessment of the impact of using desegregation settlements to address problems of segregation and concentration in public and assisted housing. This study is to serve as a baseline for a planned long-term assessment effort and had three major objectives: · To document baseline (pre-settlement) conditions; the early desegregation program designs; implementation challenges and successes; and any adjustments in the desegregation mandates or policies since the decrees took effect. · To assess early implementation progress, and the impact of the consent decrees on the plaintiff class and then to draw implementation lessons. · To advise HUD on the best methods for conducting a long-term impact evaluation in these eight sites, including identifying requisite historical and future data and procedures for data collection and tracking. To prepare these case studies, the Urban Institute conducted site visits to each of the eight study sites between August and October of 1998. Prior to the site visits, staff reviewed background materials, including the relevant consent decrees, progress reports, and newspaper articles. During the site visit, staff conducted interviews with housing authority staff, local HUD staff, local government representatives, plaintiffs’ attorneys, staff from any mobility or fair housing programs related to the decree, and tenant leaders. We also conducted focus groups with housing authority residents affected by the decrees. 1-6 Each case study includes: a historical overview of pre-settlement conditions, current economic conditions, and racial make up of the metropolitan area; a history of the desegregation litigation; an overview of the elements of the desegregation settlement; a thorough review of implementation progress to date, including factors that have facilitated and inhibited implementation; and a summary of the results of focus groups conducted with residents at each site. These case studies were not intended to serve as an audit of compliance or a final impact analysis, but rather to highlight the early challenges and lessons of attempting to implement these ambitious desegregation decrees. All findings in the case studies represent conditions at the time of the site visit; we recognize that in some case, situations have changed dramatically since the field work was completed. These changes will be reflected in the planned long-term impact assessment. However, we do include a brief discussion of the March 1999 Fifth Circuit Court decision in the Walker case in Dallas because it has major implications for the case. 1-7 Table of Contents Allegheny (Sanders) Malcolm Drewery and George Galster Buffalo (Comer) Kenneth Temkin and Diane K. Levy Dallas (Walker) Susan J. Popkin, Elise Richer, and Carla Herbig East Texas (Young) Robin Smith and Daryl Dyer Minneapolis (Hollman) Mary K. Cunningham and Mark Turner New Haven (Christian Community Action) Mary K. Cunningham, Maria Rosario-Jackson, and Elise Richer 1-8 New York (Davis) Carla Herbig and Mary K. Cunningham Omaha (Hawkins) Diane K. Levy and Malcolm Drewery 1-9 Sanders Case Chronology of Events Date Event 1988 Sanders suit filed 1990 Talbot Towers demolished 1993 HUD admits liability for failure to eliminate racial segregation in tenant selection and assignment plan from 1984 to 1991 1994 ACHA is designated a troubled housing authority December, 1994 Sanders consent decree signed 1995 RFPs issued for Fair Housing Services Center (2 rounds) March, 1996 HUD approves ACHA’s request for demolition of 409 units located in seven Sanders communities June, 1996 Fair Housing Partnership awarded Fair Housing Services Center contract Fall, 1996 HUD suggests new acquisition policy for replacement housing because of community opposition 1996 Section 8 and public housing waiting lists merged 1996 HUD completes maintenance and amenities surveys 1-10 1996 HUD provides $1.01 million to ACHA in Drug Elimination grant targeted at Burns Heights, Blair Heights, and Ohioview Acres 1996 Police substations established at Sanders developments and two others 1996-1997 Urban Design Associates (UDA) contracted to begin work on CDBG spending plan; process is delayed by HUD, Task Force January, 1997 Fair Housing Services Center contract in effect; first Executive Director is Gus Martin 1997 UDA resigns as CDBG spending plan “architect” over dispute of scope of work July, 1997 New RFP issued for long-term CDBG spending plan October, 1997 Boston’s Policy and Management Associates (PMA) awarded contract for developing CDBG spending plan 1997 Caldwell Station development in Wilmerding approved by HUD January, 1998 Cochrandale demolished March, 1998 HUD approves 20 percent exception rents for South Fayette Township, Bethel Park, and Ross Township and smaller ones for other communites April, 1998 FHSC Executive Director resigns July, 1998 New FHSC Executive Director, Lisa Dickerson, hired Summer, 1998 PMA holds series of public meetings in Sanders communities to get input on plan 1-11 September, 1998 South Fayette Township files lawsuit to issue a temporary order to stop ACHA from buying six townhouse units there September, 1998 Blawnox, a borough in Allegheny County files suit in U.S. District Court seeking to prevent ACHA from buying townhouse unit for public housing Baseline Assessment of Public Housing Desegregation Cases: Allegheny County, PA 1-12 Baseline Case Study: Allegheny County, PA by Malcolm Drewery and George Galster 1.0 Background The Sanders Consent Decree resulted from a 1988 discrimination suit filed by Cheryl Sanders and six other residents of the Allegheny County Housing Authority’s (ACHA) 210-unit Talbot Towers complex.1 This development was located in the town of Braddock, a low-income, predominantly minority community. ACHA, with concurrence from the United States Department of Housing and Urban Development (HUD), had proposed to replace the demolished units with others in the same town. The Sanders suit argued that such replacement would perpetuate the segregated and unequal conditions that ACHA, the county, the Allegheny County Redevelopment Authority, and HUD had established and maintained, not only in and around the Braddock developments but across Allegheny County. The Sanders consent decree was signed in December, 1994, under the oversight of U.S. District Court Senior Judge Gustave Diamond. It was one of the most comprehensive and demanding public housing desegregation decrees in the nation. It required the cross-listing and merging of the public housing waiting list with the Section 8 waiting list. In addition, it required plaintiff class members on this list to 1 Sanders et al. v HUD et al. 827 F. Supp. 216 (W.D. PA 1994). Note that ACHA does not have jurisdiction over the City of Pittsburgh, which has its own housing authority. Baseline Assessment of Public Housing Desegregation Cases: Allegheny County, PA 1-13 receive 450 special Section 8 mobility certificates for use only in areas where less than one-third of the population was African-American. A housing mobility program was to be created to facilitate the desegregative movement of applicants and residents. Further, the consent decree directed that 100 units of new, scattered-site public housing be purchased or built in non-impacted areas of the county to replace Talbot Towers, which was torn down in 1990. For all residents displaced by the demolition of Talbot Towers and other public housing developments that were later demolished, 409 additional Section 8 certificates were to be issued. Sanders also required the equalization of living conditions through the improvement of facilities (amenities, maintenance, landscape, security, etc.) in ACHA public housing and in seven communities (the Sanders communities) surrounding these developments where low-income public housing historically have been concentrated.2 Funding for the improvement of the Sanders communities was to be supplied through a dedicated portion of Community Development Block Grant (CDBG) funds,3 with $25 - 30 million to be allocated to this community redevelopment effort through the year 2002. Finally, Sanders mandated that the plan for using these funds, selection of sites for replacement housing, and other implementation assignments be undertaken by a task force (Sanders Task Force or STF) made up of plaintiffs and defendants in the case, ACHA residents, and other non-profit organizations to be invited by HUD and the plaintiffs. This case study was based on interviews with key informants, focus groups with ACHA tenants and applicants, document review, and other data sources. On-site interviews and focus groups were conducted from July to September, 1998, and the conclusions presented later are based on the progress made through that
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