Analysis of Impediments to Fair Housing Choice in Monroe County

In 1995 the U.S. Department of Housing and Urban Development (HUD) announced that entitlement communities- those communities that receive direct federal funding from Community Development Block Grant, HOME Investment Partnership and Emergency Shelter Grant programs conduct an study  of existing barriers to housing choice. The required study is referred to as the "Analysis of Impediments (AI) and is part of entitlement communities' consolidated planning process.

What was the purpose of the AI?

The purpose of the AI was to examine how state and local laws and private public and non-profit sector regulations, administrative policies, procedures, and practices impacted the location, availability and accessibility of housing in a given area. The AI is not a Fair Housing Plan, rather it looked at the current state of fair housing choice and identified specific barriers that needed to be addressed if future fair housing initiatives were to be successful. In Monroe County the AI formed the basis of information from which the Community Choice Action Plan was developed.

Click here for     AI Key Findings    
Click here for     Housing Choice Impediments
Click here for   Partners Involved in Developing the AI
Click here for   Assessment Area of AI
Click here for   Issues Addressed in AI
Click here for   Persons Protected by Housing Discrimination Laws
Click here for   Relationship between Fair Housing and Affordable Housing

Who was involved in developing the AI?

The Analysis of Impediments to Fair Housing Choice in Monroe County was jointly commissioned by the County of Monroe, City of Rochester, and the Towns of Greece and Irondequoit (the Cooperators). This analysis was conducted over a four month period (November 1995 to February 1996) by Development Planning Services, Inc. a local marketing and planning consultant under contract to the Cooperators.  The results of this research were published in the "Analysis of Impediments to Fair Housing Choice in Monroe County" (AI).

What was the AI assessment area?

The AI encompasses the 20 towns, 9 villages and city which comprise Monroe County.

What types of issues did the AI address?

In examining the data, particular attention was given to identifying patterns of segregation, concentration of poverty, and other characteristics which are indicative of the presence of impediments to housing choice.

The AI addressed such questions as:

"Are individuals impeded in their exercise of choice in selecting a home?"

"Is there discrimination in the operation of the local housing market?"

" How do transportation services and employment opportunites impact housing choice?

"Do lenders offer equal access to financing regardless of race or the location of housing?" 

How did the AI determine who is effected by barriers to housing opportunities?

The Analysis identifies impediments which restrict or have the effect of restricting housing choice among those groups who are afforded protection by Federal and State anti-discrimination laws.  Those laws prohibit housing discrimination, regardless of intent, based on nine factors:

1. Race                                                             6. Disability

2. Color                                                             7. Familial Status (families with children)

3. National Origin                                               8. Age

4. Religion                                                          9. Marital Status

5. Sex

Those categories of citizens are referred to as "protected classes". The laws apply to any party involved, directly or indirectly, in a housing transaction, e.g. the sale, rental or financing of housing. This includes landlords, property managers, real estate brokers, appraisers and mortgage lenders.  Local government and public agency policies and procedures must operate in accordance with anti-discrimination laws. Poverty is not a protected class, and it is legal to refuse housing to those who can not afford to pay. 

What's the relationship between fair housing and affordable housing?

The AI focuses on fair housing issues; housing affordability is discussed as one impediment to fair housing choice. Because poverty tends to be disproportionately represented among the protected classes, the availability of affordable housing (or the lack thereof) has an impact on fair housing choice and contributes to geographic concentrations of minorities and other protected classes. However, providing affordable housing does not necessarily eliminate impediments to fair housing: other factors impeding fair housing choice may still exist in the community.

Key Findings

1. There is a distinct concentration of racial/ethnic minorities in Monroe County. While the city accounts for about one-third of the county's population and only 5% of its land area, nearly 80% of all racial minorities and 76% if the local Hispanic population reside in the City of Rochester. Within the city, four of the ten planning sectors account for nearly 80% of all minorities.

2. There are significant disparities between the city and suburbs for virtually every measure of income available. Nearly 60% of the city's households are classified as low-income, compared to fewer than 30% of suburban households.  Even more pronounced, 73% of all Monroe County residents below poverty level reside in the city.

3. While the majority of all low-income households in Monroe County are White, minority populations have a much higher incidence of poverty and are far more likely to reside in areas of low-income concentration.  While 28% of Whites live in neighborhoods having a poverty level of 20% or higher, 70% of Hispanics and 79% of Blacks live in such areas.

4. Areas of the city with high proportions of minority and low-income populations also have a large number of households without access to a motor vehicle.  The absence of a motor vehicle effectively limits housing choice and employment opportunities to locations served by public transportation.  The greatest employment growth is projected in areas which are not served by public transportation.

5. Rental housing is concentrated in the city, where 55% of the county's occupied units are located.  A far greater proportion of the city's housing (53%) is found in buildings with more than one unit than is true of the suburbs (20%).

6. The vast majority of public and assisted housing is found in the city.  Of the 2,494 units of public housing, all but 100 units are located in the city.  Nearly two-thirds (8,103 units) of the privately-owned, assisted housing are located in Rochester.

7.  More city homes are affordable to purchase than those in the suburbs.   71% of all homes in the city are regarded as affordable to households with an income of 50% of the MSA median family income (MFI), while only 25% of the suburban homes are considered affordable.  Housing affordability indices for the suburbs vary widely by municipality , e.g. 61% of East Rochester homes are considered affordable to households at 50%  MFI, while only 33% of Mendon's homes are affordable at 100% MFI.

8. The majority of affordable rental housing is located in the City. Based on 1990 Census data, over three-quarters (77%) of rental units with rents below $300 are located in the City and 60% of rental units with rents between $300 and $499 are located in the City. Over one-half of the rental units costing more than $750 monthly gross rent are located in the suburban towns.

9. Almost two-thirds of all female-headed families with children reside in the city.

10. Public housing projects tend to be racially segregated, with Blacks comprising 72% of all tenants.  Black tenancy exceeds 80% in 8 of 10 family projects.  Elderly projects, however, have a tenancy which averages 56% White, ranging from 0% to 90% for individual projects.

11.  The Section 8 Rental Assistance program serves predominately minority households in the city (70%) and predominately White households in the suburbs (87%).

12. There are no reported minority members of municipal planning or zoning boards, except in the City of Rochester.

13. Minorities experience mortgage loan denial rates which are two to three times greater than those for White applicants.

14. While relatively few housing discrimination complaints were filed with the Department of Housing and Urban Development from Monroe County between 1986 and 1995 (an average 11 per year), the majority of those filed charge unfair treatment of protected class members on the basis of race, disability, ethnicity and sex. A significant number of fair housing inquires received locally by the Housing Council suggest discriminatory treatment of families with children.

Housing Choice Impediments

Racial and ethnic segregation, such as that in Monroe County, is an indicator of the extent to which minorities may find some neighborhoods inaccessible.  Access to housing can also be constrained by factors other than race and ethnicity,  Lack of information, attitudes and expectations, inadequate transportation linkages, and absence of accommodations for persons with disabilities can all create impediments that prevent protected class members from gaining access to neighborhoods and housing opportunities that might meet their needs.

The following conditions and practices which restrict housing choice or availability of housing choices in the community.

Household Income -- Availability of Affordable Housing --   Mobility-- Real Estate Practices  Lending Practices -- Community Understanding and Attitudes

A. Household Income

1. Housing choices are fundamentally limited by household income and purchasing power.   Cost, therefore, restricts housing choice, particularly for those with lower incomes.  As previously noted, minority households have a much higher incidence of poverty and are therefore, disproportionately impacted by housing costs. To the extent that other protected classes may have limited incomes, their housing choices are similarly restricted.

2. Given their geographic concentration and more limited access to personal transportation, the community's lowest income households are also restricted in their employment opportunities.  They are thus impeded in their ability to improve their economic status and, thereby, their ability to afford a wider range of housing choices.

B. Availability of Affordable Housing

1. There are more than twice the number of assisted rental units, which are affordable to very low-income households, located in the city (10,497 units) than in the suburbs (4,862 units).  This disparity severely restricts housing choice and has contributed to the concentration of some protected classes in the city.

2. Approximately 70% (2,611) of all Section 8 Rental Assistance Program certificates and vouchers in the metropolitan area are used within the City of Rochester. Fair market rent levels may limit the eligibility of suburban rental properties in the Section 8 program.

3. There are insufficient financing to develop the amount of affordable housing required to address the needs of lower income households as evidenced by the waiting lists for assisted housing and those for the Section 8 Rental Assistance Program. Furthermore, the number of proposed affordable housing projects far exceeds the available local resources.

4. Some suburban land use controls and processes pose barriers to the development of affordable housing.

5. The Rochester Housing Authority reports that it is precluded by State law from developing public housing in the suburbs.

C. Mobility

1. The suburban housing vacancy rate (3.3%) is below the level typical of a balanced market (5%), thus limiting housing opportunities.

2. The Section 8 Program has not significantly increased mobility among participants who remain concentrated in the City.  RHA does not provide mobility counseling to program participants.

3. Suburban Section 8 programs maintain a "resident preferred" waiting list thus limiting participation by non-residents.

4. The City of Rochester does not provide mobility counseling to households displaced by public projects.

5. The lack of adequate transportation restricts the housing choices of many lower income households. Convenient fixed route bus service is not available of most suburban Monroe County.

6. The City of Rochester targets Federal resources for use in areas with existing concentrations of minority and low-income populations.

7. A large proportion of the housing stock is not accessible for persons with disabilities and the availability of financing to fund the cost of retrofitting units is limited.

8. Buyer and renter preferences sometimes affect mobility and integration.

D. Real Estate Practices

1. There are no local testing programs to confirm or disprove discriminatory real estate practices in the sale or rental of housing.

2. There are no effective fair housing enforcement programs which operate within Monroe County. The New York State Division of Human Rights does not have "substantial equivalency" status with HUD.  Without this designation, the State does not qualify for Federal Funding to process discrimination complaints.

3. The real estate commission structure, the independent contractor status of sales associates, and property advertising policies may discourage working with lower-priced properties and, therefore lower-income buyers, thus restricting housing opportunity.

4. The rental application procedures of some landlords serve to restrict housing choices and create the opportunity for discriminatory actions.  Some landlords and rental agents will not provide applications without a personal appearance by the prospective renter.  Some will not permit a prospective tenant to remove the application from the premises.  In some instances, the information required to complete a rental application could be used to discriminate on the basis of a protected class category.

E. Lending Practices

1. Minorities experience mortgage denial rates which are from two to three times greater than those for White applicants.  This disparity persists across all income levels.  This suggests that lenders' underwriting policies or practices have the effect of restricting housing opportunities among minorities.

2. There are no testing programs to confirm or disprove discriminatory lending practices in Monroe County.

F. Community Understanding and Attitudes

1. The current amount of fair housing education and information programming is limited.

2. Public opposition to the citing of affordable rental housing, particularly in suburban communities, suggests that people misunderstand the potential benefits of such housing.

3. While attitudinal impediments are difficult (if not impossible) to measure, to the extent they do exist, prejudice, racism and other attitudinal barriers have a negative impact on housing choice and opportunity in Monroe County.

4. There are currently no reliable statistics on how many people with disabilities reside in Monroe County or what their specific housing needs are.

The results of the AI indicate that everyone does not have choice in selecting their place of residence.