Copyright 2002 eMediaMillWorks, Inc.
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Document Clearing House, Inc.)
Federal Document Clearing House
Congressional Testimony
June 25, 2002 Tuesday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 2206 words
COMMITTEE:
HOUSE FINANCIAL SERVICES
SUBCOMMITTEE:
OVERSIGHT AND INVESTIGATIONS
HEADLINE: DISABLED AND
MINORITIES AND HOUSING DISCRIMINATION
TESTIMONY-BY:
KENNETH L. MARCUS, GENERAL DEPUTY
AFFILIATION: U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
BODY:
STATEMENT OF KENNETH L. MARCUS General Deputy Assistant Secretary for Fair
Housing and Equal Opportunity U.S. Department of Housing and Urban Development
COMMITTEE ON HOUSE FINANCIAL SERVICES SUBCOMMITTEE ON OVERSIGHT AND
INVESTIGATIONS
June 25, 2002
Chairwoman Roukema, Chairwoman
Kelly, and members of the subcommittees, my name is Kenneth Marcus, and I am the
General Deputy Assistant Secretary for Fair Housing and Equal Opportunity at the
United States Department of Housing and Urban Development.
I am honored
to testify before you today on HUD's efforts to enforce those laws that protect
the right of every American, including minorities and persons with disabilities,
to freely choose where they will live. No one should be precluded from seeking
the housing of their choice or purchasing the home of their dreams because of
their race, color, religion, national origin, sex, familial status or
disability. Secretary Mel Martinez has repeatedly emphasized that aggressive
enforcement of the Fair Housing Act is a high priority of the Department of
Housing and Urban Development.
In the 34 years since the Fair Housing
Act was passed, significant progress has been made in reducing barriers to fair
housing and expanding home-ownership opportunity. More minority families own
their homes today than ever before, including 48 percent of African-American
households and 47.6 percent of Hispanic households. Despite all that has been
accomplished, we recognize that much more needs to be done. While the nation's
home-ownership rate is higher than ever, a large gap still exists between
minorities and whites, 74.3 percent of whom own their homes. President Bush,
just last week, acknowledged this disparity when he urged Americans,
collectively, to work together to "close the home- ownership gap by dismantling
the barriers that prevent more minorities from owning a piece of the American
dream."
Although discrimination in mortgage lending has been illegal for
more than 30 years, a recent survey by the National Community Reinvestment
Coalition shows high numbers of Americans still believe it occurs.
The
extent to which discrimination against persons with disabilities exists today is
also distressing. Despite general awareness of the 1988 Fair Housing Amendments
Act and the types of discrimination it prohibits, as evidenced by a recent HUD
study, we are finding that the rights of people with disabilities are still
frequently ignored. Of the complaints filed with HUD and its partner state and
local agencies, the number that allege discrimination on the basis of disability
equals, and in some places surpasses, those based on race.
One of the
main contributors to the challenges facing persons with disabilities is the
acute lack of accessible housing units. Anecdotal evidence and cases
investigated by federal agencies indicate a high degree of non-compliance with
the provision of the Fair Housing Act that requires accessible design and
construction for new multifamily buildings.
Noncompliance with the
accessibility requirements combined with the failure of landlords to provide
necessary accommodations and modifications has contributed to a shortage of
housing for persons with disabilities in both private and public housing
developments.
These are the challenges HUD faces in meeting the needs of
persons with disabilities, increasing minority home-ownership, and enforcing the
Fair Housing Act for all Americans.
Secretary Martinez takes very
seriously HUD's charge as the principal federal enforcer of the Fair Housing Act
and the laws prohibiting discrimination in federally-assisted housing. HUD and
state and local agencies that enforce substantially equivalent laws receive an
average of 10,000 complaints a year alleging Fair Housing Act violations. The
most meaningful contribution HUD can make to the fight against housing
discrimination is the prompt and successful resolution of complaints from
individuals who come to us to report claims of discrimination.
HUD must
improve its track record in its enforcement of the federal fair housing laws.
During previous years, the Department developed such a bad reputation for its
delays in processing Fair Housing Act cases that today many of the Department's
constituents express reluctance to file complaints with the Department, out of a
belief that nothing will come of it. At the end of FY 2000, the percentage of
fair housing cases remaining open past the statutory deadline of 100 days was
over 80 percent. At the end of the first fiscal year of the Bush Administration,
FY 2001, we had reduced the agedcase inventory to 37.1 percent. This was the
first time since the passage of Fair Housing Act Amendments of 1988 that HUD's
aged-case backlog has dropped below 50 percent.
We are also working
diligently to assist state and local partner agencies whom HUD funds under the
Fair Housing Assistance Program (FHAP) to reduce their backlog of aged cases.
HUD is pleased that the Congress provided funds in the FY 2002 appropriation to
assist this effort.
Overall, HUD has stepped up its commitment to
prompt, meaningful resolution of these cases and aggressive enforcement when the
law has been violated.
We have examined the role that lending
discrimination may play in the disparity in home-ownership rates between whites
and some minorities. A recent HUD-commissioned study, titled All Other Things
Being Equal: A Paired Testing Study of Mortgage Lending Institutions, examined
how lenders treated blacks and Hispanics at the pre-application stage, when they
inquired about residential mortgage financing. The study revealed that while the
majority of mortgage lending transactions do not involve discrimination, blacks
and Hispanics, in the markets studied, tended to receive less information, less
assistance, and worse terms.
HUD is stepping up its efforts to combat
lending discrimination. The Department will soon provide a contract for an
enforcement project that targets mortgage lending discrimination generally, and
predatory lending in particular. This year's Fair Housing
Initiatives Program (FHIP) encouraged grant proposals from fair housing
groups who,
among their other activities, would place a special emphasis
on educating and enforcing the Fair Housing Act against
predatory
lending practices. The recent FHIP Notice for Funding Availability also
created a national campaign to educate the public on the dangers of abusive
lending practices.
The Department, through FHIP, is focusing attention
on problems faced by persons within the Colonias Southwest border area, which
may include
predatory-lending type practices. We believe that
the plight of the persons living in the Colonias is a national problem that
deserves national attention.
FHIP also reflects the Bush
Administration's commitment to tapping the potential of faith-based and other
grassroots organizations, including by partnering them with the traditional fair
housing organizations. This both honors and reflects the roots of the fair
housing movement within the community of faith- based organizers.
The
President has launched his New Freedom Initiative, an effort designed to help
persons with disabilities live more independently in all communities.
HUD has a great responsibility to make sure that its own programs are
accessible to people with disabilities and otherwise safeguard their rights
because a disproportionate share of people with disabilities rely on
federally-assisted housing.
During a recent accessibility compliance
inspection, HUD found the District of Columbia Housing Authority to be in
violation of Section 504 by failing to provide enough accessible units for
persons with disabilities. As a result, the Housing Authority signed a Voluntary
Compliance Agreement that calls for the DCHA to make 6 percent of its housing
stock (about 510 units) fully- accessible to persons with mobility impairments,
and make up to 2 percent more (about 170 units) of its housing stock accessible,
as needed, to residents who have visual or hearing disabilities. DCHA will meet
the 6 percent fully accessible requirement by November 2006.
HUD also
found the Boston Housing Authority in violation of Section 504 because it didn't
make an adequate number of accessible units available to persons with
disabilities. Under a Voluntary Compliance Agreement, the Boston Housing
Authority agreed to make five percent of its housing stock, or 700 units,
fully-accessible to persons with mobility impairments. Structural modifications
must begin no later than July 1, 2002, and must be completed by December 5,
2005.
We have increased the number of Section 504 compliance reviews
last year to 60. This year we will complete 80, and we are achieving substantial
results. The Department has put renewed effort into training its staff to
conduct these reviews effectively and prepare strong Voluntary Compliance
Agreements to resolve all findings of noncompliance. In 2002, the Department's
offices of Public and Indian Housing, Housing, and Community, Planning and
Development have also reissued four notices informing thousands of federal
funding recipients of the requirements of Section 504, Fair Housing Act, and the
Americans with Disabilities Act.
In addition, we are working to increase
the number of accessible, private housing opportunities that are available to
persons with disabilities.
HUD has awarded over $
2.5
million to KPMG to develop and conduct training and technical guidance on the
Fair Housing Act accessibility requirements for persons engaged in designing,
approving, and building multifamily housing. As part of this project, KPMG will
set up resource centers in different parts of the country where architects,
builders, and others can obtain technical guidance on specific design questions.
HUD is also working with industry and others to achieve greater
compliance. HUD and the National Association of Home Builders (NAHB) have signed
a Partnership Accord, whereby HUD and NAHB will undertake a broad training,
education and outreach effort targeted specifically at builders, property
owners, civil engineers, architects, building code officials and State and local
governments. Together, HUD and NAHB will encourage State and local jurisdictions
to adopt and implement building codes that meet the requirements of the Act.
HUD has awarded a $
900,000 grant to the International
Code Council, in partnership with the National Organization on Disability and
with support from the National Association of Home Builders, to undertake a
review of State and local building codes, and to encourage the adoption of codes
that are consistent with the Fair Housing Act, its regulations, and HUD's
accessibility guidelines. The effort calls for ensuring that more apartments,
condominiums and other housing covered by the law are built to be accessible to
people with disabilities, and to inform state and local governments about the
safe harbors for compliance with the Act's requirements.
HUD is also
implementing a Memorandum of Understanding with the Departments of Justice and
the Treasury to ensure that low- income, residential rental housing placed in
service under the IRS-administered low-income housing tax credit program is
accessible to people with disabilities. The tax-credit program is currently the
largest Federal producer of low-income housing, providing an estimated 100,000
new housing units per year, and it has led to the construction or reconstruction
of over 1.2 million units of housing since its inception in 1986.
In
addition to making sure that new housing is built correctly in the first place
and taking action against those housing providers who have failed to comply with
those provisions of the Fair Housing Act, HUD is enforcing the Fair Housing Act
against those housing providers who refuse to make reasonable and necessary
allowances in their building operation for people with disabilities.
Outside these individual cases that HUD and our partners receive,
there's little research available on the full nature and extent of the
discrimination people with disabilities face in private housing. HUD will soon
seek competitive bids on a $
1 million contract to develop
methods examining and measuring the discrimination experienced by persons with
disabilities when they search for rental housing. This nationwide report, the
first of its kind, examine the bias persons with mental and physical
disabilities experience when the seek housing as well as how housing
providers address requests for reasonable accommodations and modifications as in
the example above.
In closing, we believe that all of the foregoing
efforts, when combined with appropriate enforcement actions and timely
processing of complaints, will enable the Department and our nation to strike a
decisive blow in the fight against discrimination.
We look forward to
working with industry, community leaders, local governments, fair housing
advocates, and Capitol Hill to bring everyone in America over the threshold to
equal opportunity and justice.
This concludes my formal written
statement and I am happy to answer any questions you may have.
LOAD-DATE: June 25, 2002