Harrisburg, PA -The Pennsylvania Human Relations Commission (PHRC) disagrees with the U.S. Department of Housing and Urban Development (HUD)’s decision earlier this month to cut the Affirmatively Furthering Fair Housing (AFFH) rule of the Fair Housing Act (FHA).
The FHA has two provisions, the first is the enforcement provision that seeks to hold accountable those landlords, property owners, property managers, real estate agents, lending institutions, and government officials that act in contrast to the FHA. The second, also known as Affirmatively Furthering Fair Housing, was developed to undo the systemic segregation of housing and allow for access and opportunity for all.
“This decision undermines decades of progress in promoting equitable access to housing for all individuals, regardless of their race, ethnicity, or socioeconomic status,” said PHRC Director of Fair Housing and Commercial Property Caroline Griffin Eister. “The AFFH rule was a critical tool that encouraged communities to actively address systemic discrimination and promote inclusive practices in housing policy. By rescinding this regulation, we risk perpetuating inequalities that have long plagued our society.”
HUD Secretary Scott Turner stated taking this action will “cut expensive red tape and give state and local governments more autonomy over development and zoning decisions.” Below are some examples of what happens when autonomy is given to local governments as it relates to zoning ordinances and housing.
- 1908: Los Angeles City Council passes first municipal zoning ordinance in the U.S. It lumps laundries, mostly run by Chinese entrepreneurs, into the industrial category to keep the Chinese out of white neighborhoods. (Source: Zoning in the United States)
- 1910: Baltimore, Maryland adopts first racial zoning code. Blacks aren’t allowed to live in white neighborhoods and vice versa. (Source: Color of Law: A forgotten History of How Our Government Segregated America, Rothstein, 2018)
- 1924: The U.S. Commerce Department publishes “The Standard State Zoning Enabling Act” (SZEA), a model law for U.S. states to promote zoning regulations. Fifty-five thousand copies are sold, and 19 states pass laws based on it. (Source: Color of Law: A forgotten History of How Our Government Segregated America, Rothstein, 2018)
- 1926: Euclid v. Ambler Realty: The U.S. Supreme Court rules that municipal zoning regulations in Euclid, Ohio are constitutional. Soon after it becomes standard. Many U.S. cities eventually zone 75 percent or more of their residential land for single family homes, including Los Angeles, San Francisco, San Jose, Seattle, Portland, Minneapolis, and Charlotte. (Sources: Segregation by Design: Local Politics and Inequality in American Cities; Village of Euclid v. Ambler Realty Co.; Cities Start to Question an American Ideal: A House With a Yard on Every Lot)
“Secretary Turner’s decision is counter to the spirit of the FHA, as it seems to rely solely on the reactionary enforcement section of the act,” said PHRC Director of Enforcement Adrian Garcia. “Moreover, this action seems to ignore the historic pattern of systemic segregation within our country’s zoning practices. From its inception zoning laws have always sought to exclude individuals based on their protected class. Secretary Turner by his action to repeal AFFH rule and leave more autonomy to the local governments has therein provided permission to continue the segregation of neighborhoods and ignores the fundamentals fairness, and opportunity. It is our belief that the administration would be better well served to assemble a panel of fair housing experts to reexamine its decision to rescind the AFFH rule and to truly define what housing equality means by allowing experts to develop a well-thought-out process to ensure that systemic exclusion and segregation not be the product of their decision.”
Across the Commonwealth of Pennsylvania there exists many zoning laws that act to exacerbate exclusionary practices.
- Extensive single-family zoning, large lot sizes, setback requirements, other restrictions creating low density.
- Limits on the number of bedrooms.
- Bans and moratoria on construction of multifamily housing.
- Zoning that prohibits “public housing,” low-income housing, multifamily housing, subsidized housing.
- Zoning restrictions across a community limiting multifamily development to two family units, accessory units, and similar limitations.
- Land use practices imposing high fees or other costs for infrastructure or other improvements on multifamily developers,
- Restrictions on the siting or operation of group homes for people with disabilities.
“In Pennsylvania we remain committed to fostering inclusive communities where everyone can thrive,” said PHRC Executive Director Chad Dion Lassiter, MSW. “It is essential that we continue to advocate for fair housing policies that ensure equal access and opportunities for all. Government agencies, community organizations, and individuals must work together to combat discrimination and promote equity in our housing.”
In 2023, the PHRC released The State of Fair Housing in the Commonwealth of PA. This white paper makes actionable recommendations for PHRC staff, commissioners, legislators, and fair housing partners. The key recommendations are the following:
- PHRC Commissioners should pursue implementing source of income protection through regulatory process.
- State legislators should improve housing condition protections for tenants through strengthening the Landlord-Tenant Act of 1951 to include statewide code enforcement.
- State legislators should improve housing access for Pennsylvanians by increasing funding for affordable and middle-market housing.
- PHRC should actively monitor housing situations for issues impacting fair housing choice; identifying issues through advisory councils and local partners and pursuing agency-initiated complaints when merited.
Under the Pennsylvania Human Relations Act (PHRA), housing discrimination can happen in the process of renting, buying, selling, or obtaining a loan. The PHRC, the state’s civil rights enforcement agency, urges anyone who has experienced acts of housing discrimination to file a complaint by calling 717-787-4410. Information and resources are also available on the PHRC website. Follow the PHRC on X, Facebook, Instagram, LinkedIn, and YouTube, and subscribe to our monthly newsletter.
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