Conclusion

Despite a historical failure to comply with fair housing law and its affirmative obligation, previous experiences provide us with successes and innovative groundwork to address racial segregation, concentrated poverty, and inequalities in community assets. The proposed regulation on affirmatively furthering fair housing advances and strengthens the legal obligation for municipalities to act,254 and there are multiple policy recommendations that municipalities can utilize in order to expand opportunity for all.

Endnotes

1. De Souza Briggs, Xavier, ed., The Geography of Opportunity: Race and Housing Choice in Metropolitan America. Washington, D.C.: Brookings Institution Press, 2005, pp. 129-30 (quoting Pettigrew, Thomas, Racially Separate or Together. New York: McGraw-Hill, 1971, p. 21).

2. Report of the National Advisory Commission on Civil Disorders. New York: Bantam Books, 1968, pp. 1-29.

3. Massey, Douglas S., and Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass. Cambridge, Massachusetts: Harvard U. Press, 1993, pp. 58-59.

4. 42 U.S.C. § 3601 (1968).

5. 42 U.S.C. § 3604 (1968).

6. 42 U.S.C. §§ 3608(d); 3608(e)(5).

7. N.A.A.C.P. v. Sec’y of Hous. and Urban Dev., 817 F.2d 149, 155 (1st Cir. 1987) (quoting Otero v. N.Y. City Hous. Auth., 484 F.2d 1122, 1134 (2d Cir. 1973)).

8. Thompson v. Hous. and Urban Dev., Civ. Act. No. MJG-95-309, at 143 (D. Md. 2006) (“HUD must take an approach to its obligation to promote fair housing that adequately considers the entire Baltimore Region.”); Gautreaux v. Chi. Hous. Auth., 503 F.2d 930, 937 (7th Cir.  1974) (“To  solve problems of the ‘real city,’  only metropolitan-wide solutions will do”), aff ’d, 425 U.S. 284, 299 (1976) (“The relevant geographic area for purposes of the respondents’ housing options is the Chicago housing market (including the Chicago suburbs), not the Chicago city limits”).

9. Langlois v. Abington Hous. Auth., 234 F.Supp. 2d 33, 73, 75 (D. Mass. 2002) (“When viewed in the larger context of Title VIII, the legislative history,  and the case law,  there is no way—at least no way that makes sense—to construe the boundary of the duty to [AFFH] as ending with the Secretary. . . . [t]hese regulations unambiguously impose mandatory requirements on the [public housing authorities] not only to certify their compliance with federal housing laws, but actually to comply”); Massachusetts Dep’t of Hous. and Comm. Dev., Affirmative Fair Housing and Civil Rights Policy 9 (2009) (“[F]ederal executive orders indicate that HUD is to extend its duty to affirmatively further fair housing to the recipients of its funding. Federal Executive Order 12259 followed by Executive Order 12892 provide that federal agencies shall require applicants or participants of federal agency programs relating to housing and urban development to affirmatively further fair housing”), available at http://www.mass.gov/Ehed/docs/dhcd/hd/ fair/affirmativefairhousingp.pdf.

10. 114 Cong. Rec. 2273 (1968) (“[D]iscrimination in housing forces its victims to live in segregated areas,  or “ghettos,” and the benefits of government are less available in ghettos. That the benefits of government are less available in ghettos can be amply documented. The ghetto child is more likely to go to an inferior school. His parents are more likely to lack adequate public transportation facilities to commute to and from places of work, and so will miss employment opportunities); 114 Cong. Rec. 2276 (1968) (“At the heart of the educational problem is the deeply seated and growing pattern of racially segregated  housing throughout the land”); 114 Cong. Rec. 3421 (1968) (“Without fair housing legislation, however, it will become increasingly difficult for Negroes to obtain a decent education and to find employment. The Negro will not be able to escape the ghetto, nor will he be able to find jobs or integrated schools within the ghetto

. . . . Jobs can move to the suburbs, but housing discrimination prevents Negroes from following . . . . De facto segregation is directly traceable to the existing patterns of racially segregated housing . . . . The soundest, long-range way to attack segregated schools is to attack the segregated neighborhood”); U.S. Commission on Civil Rights, A Time to Listen . . . A Time to Act: Voices from the Ghettos of the Nation’s Cities, p. 60 (1967) (“To many slum residents, just as to other Americans, moving to a better neighborhood may mean more than obtaining better housing. For one thing, it may give their children the opportunity to grow up in a healthier atmosphere . . . . The opportunity to move outside the ghetto also may mean the opportunity to send children to better schools. And it may bring one closer to job opportunities; the flight of jobs from central cities would not present a barrier to employment opportunity for Negroes if they were able to live in the areas where the jobs were being relocated.”).

11. De Souza Briggs, Xavier, et al., Moving to Opportunity: The Story of an American Experiment to Fight Ghetto Poverty. New York: Oxford U. Press, 2010, p. 93.

12. Kahlenberg, Richard D., “Can Separate Be Equal? The Overlooked Flawatthe Center of No Child Left Behind,” The Century Foundation, 2004, http://tcf.org/assets/downloads/tcf-kahlenberg_separaterc.pdf; Mickelson, Rosyln Arlin,“Exploring the School-Housing Nexus: A Synthesis of Social Science Evidence,” National Coalition on School Diversity, October 2011, http://school-diversity.org/pdf/DiversityResearchBriefNo7. pdf.

13. Stoll, Michael A., “Job Sprawl and the Spatial Mismatch between Blacks and Jobs,” Brookings Institute, February 2005, http://www.brookings.edu/~/media/research/files/reports/2005/2/metropolitanpolicy%20 stoll/20050214_jobsprawl; Robinson, Lisa, and Andrew Grant-Thomas, Race, Place, and Home: A Civil Rights and Metropolitan Opportunity Agenda. Cambridge, Masschusetts: Civil Rights Project, Harvard University, 2004, p. 25; Massey, American Apartheid: Segregation, pp. 109, 161-62.

14. Bullard, Robert D., and Glenn Johnson, Just Transportation: Dismantling Race and Class Barriers to Mobility. Gabriola Island, BC: New Society Publishers, 1997, p. 10.

15. Williams, David R., and Chiquita Collins, “Racial Residential Segregation: A Fundamental Cause of Racial Disparities in Health,” Public Health Reports Online, September-October 2001, http://www. publichealthreports.org/issueopen.cfm?articleID=1121.

16. Turner,   Margery   Austin,   and   Lynette   Rawlings, “Promoting Neighborhood Diversity:   Benefits, Barriers, and Strategies,” Urban Institute, August 2009, p. 4, http://www.urban.org/ uploadedpdf/411955promotingneighborhooddiversity.pdf.

17. Molinari, Susan, et al., “Meeting Our Nation’s Housing Challenges: Report of the Bipartisan Millennial Housing Commission,” Bipartisan Millennial Housing Commission, May 20, 2002, p. 10, http://govinfo. library.unt.edu/mhc/MHCReport.pdf.

18. 24 C.F.R. § 570.487(b) (1992).

19. 24 C.F.R. § 91.225(a)(1).

20. Cisneros, Henry, et al., “The Future of Fair Housing: Report of the National Commission on Fair Housing and Equal Opportunity,” National Commission on Fair Housing and Equal Opportunity, December 2008, p. 44, http://www.civilrights.org/publications/reports/fairhousing/future_of_fair_housing_report.pdf.

21. Ibid.

22. “Reforming HUD’s Regulations to Affirmatively Further Fair Housing,” The Opportunity Agenda, March 2010, p. 8, http://opportunityagenda.org/files/field_file/2010.03ReformingHUDRegulations.pdf.

23. Khadduri, Dr. Jill, Former Director of the Division of Policy Development at HUD, Testimony in Support of Thompson v. Hous. and Urban Dev., Civ. Act. No. MJG-95-309 (D. Md. 2006), p. 3, available at http:// www.prrac.org/projects/fair_housing_commission/atlanta/khadduri.pdf.

24. 24 C.F.R. § 570.487(b) (1992).

25. Ibid.; 42 U.S.C. § 3608(e)(5) (1968); “Reforming HUD’s Regulations to Affirmatively Further Fair Housing,”The Opportunity Agenda, p. 9.

26. Craig Gurianand Michael Allen, Making Realthe Desegregating Promiseofthe Fair Housing Act: “Affirmatively Furthering Fair Housing” Comes of Age, 43 CLEARINGHOUSE REV. 560, 561 (2010).

27. “The Future of Fair Housing: Report on the National Commission on Fair Housing and Equal Opportunity,” The Leadership Conference on Civil and Human Rights, December 2008, http://www.civilrights.org/ publications/reports/fairhousing/obligations.html.

28. Ibid.

29. Dawkins, Casey J. “Exploring the Spatial Distribution of Low Income Housing Tax Credit Properties,” U.S. Department of Housing and Urban Development, Office of Policy Development and Research, February 2011, p. vii, http://www.prrac.org/pdf/dawkins_LIHTC%20spatial-distribution_081111.pdf.

30.  Kawitzy, Simon, et al., “Choice Constrained, Segregation Maintained: Using Federal Tax Credits to Provide Affordable Housing,” Fair Housing Justice Center, August 2013, http://www.fairhousingjustice.org/wp- content/uploads/2013/08/FHJC-LIHTCREPORT-Aug13-Fullv1-7-WEB.pdf.

31. Ibid. at 1.

32. Massey, American Apartheid: Segregation, pp. 51-59; Clark, Kenneth B., Dark Ghetto: Dilemmas of Social Power. Hanover, New Hampshire: Wesleyan U. Press, 1965, p. 22.

33. Massey, American Apartheid: Segregation, p. 58; Rothstein, Richard, “Modern Segregation,” Economic Policy Institute, March 6, 2014, http://www.epi.org/publication/modern-segregation/

34. Massey, American Apartheid: Segregation, p. 58.

35. Ibid., pp. 51-52; Rothstein, Richard, “Modern Segregation.”

36. Jackson, Kenneth T., Crabgrass Frontier: The Suburbanization of the United States. New York: Oxford U. Press, 1985, pp. 190-218; Katznelson, Ira, When Affirmative Action Was White: An Untold History of Racial Inequality in Twentieth-Century America. New York: W.W. Norton, 2005, pp. 115-41.

37. Katznelson, When Affirmative Action Was White, pp. 115, 139-40.

38. Kruse, Kevin M., and Thomas J. Sugrue, eds., The New Suburban History. Chicago, Illinois: U. of Chicago Press, 2006, p. 16.

39. Ibid.

40. Ibid.

41. Massey, American Apartheid: Segregation, p. 58.

42. John A. Powell, Reflections on the Past, Looking to the Future: The Fair Housing Act at 40, 41 IND. L. REV. 605, 614, 619 (2008).

43. Jeffrey D. Dillman, New Strategies in Fair Housing: New Strategies for Old Problems: The Fair Housing Act at 40, 57 CLEV. ST. L. REV. 197, 200 (2009).

44. De Souza Briggs, Geography of Opportunity, p. 51.

45. Frey, William H., “Census Data: Blacks and Hispanics Take Different Segregation Paths,” Brookings Institute, December 16, 2010, http://www.brookings.edu/research/opinions/2010/12/16-census-frey; Humes, Karen R., et al., “Overview of Race and Hispanic Origin: 2010,” U.S. Census Bureau, March 2011, http://www. census.gov/prod/cen2010/briefs/c2010br-02.pdf.

46. DeNavas-Walt,  Carmen, and Bernadette D.  Proctor,  “Income and Poverty in the United States:    2013,” U.S. Census Bureau, September 2014, p. 12, https://www.census.gov/content/dam/Census/library/ publications/2014/demo/p60-249.pdf.

47. “Child Poverty in America 2013: National Analysis,” Children’s Defense Fund, September 17, 2014, http:// www.childrensdefense.org/child-research-data-publications/child-poverty-in-america-2013.pdf.

48. Ibid.

49. Irwin, Neil, “America’s Racial Divide,” New York Times, August 19, 2014, http://www.nytimes. com/2014/08/20/upshot/americas-racial-divide-charted.html?_r=1&abt=0002&abg=0.

50. Ibid.

51. Treuhaft,  Sarah, and Allison Karpyn, “The Grocery Gap: Who Has  Access to Healthy Food and Why it Matters,” PolicyLink and The Food Trust, p. 7, 2010, http://thefoodtrust.org/uploads/media_items/ grocerygap.original.pdf; Bullard, Robert D., et al., “Toxic Wastes and Race at Twenty: 1987-2007,” United Church of Christ Justice and Witness Ministries, March 2007, pp. x-4, http://www.ucc.org/justice/pdfs/ toxic20.pdf.

52. Affirmatively Furthering Fair Housing, 78 Fed. Reg. 43,710 (proposed July 19, 2013) (to be codified at 24 C.F.R. pts. 5, 91, 92, et. al.), http://www.gpo.gov/fdsys/pkg/FR-2013-07-19/pdf/2013-16751.pdf.

53. Ibid. at 43,729.

54. Ibid. at 43,717, 43,730 (“HUD has determined that the current process for affirmatively furthering fair housing is insufficient to ensure that program participants are meeting their obligation in a purposeful manner as contemplated by law”).

55. Ibid. at 43,717, 43,730-32.

56. Ibid. at 43,731.

57. Ibid. at 43,718, 43,733.

58. Affirmatively Furthering Fair Housing, 78 Fed. Reg. 43,710 at 43,730-733.

59. Ibid.  at 43,734-37.

60. Ibid. at 43,719-20.

61. Ibid. at 43,715. A recipient of federal funds is required to submit a consolidated plan if it is receiving funds from, and thus, participating in the Community Development Block Grant programs; the Emergency Solutions Grants program; the HOME Investment Partnerships program; or the Housing Opportunities for Persons with AIDS program. Ibid. at 43,730-31. Any public housing agency receiving funds under Section 8 and Section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437f and 42 U.S.C. 1437g) must also use its required AFH to inform its general plan. Ibid. at 43,715, 43,731.

62. Ibid. at 43,715.

63. “Responses to HUD’s ‘Affirmatively Furthering Fair Housing’ Proposed Rule,” Poverty & Race Research Action Council, accessed August 18, 2014, http://www.prrac.org/full_text.php?item_id=14252&newsletter_ id=0&header=Current%20Projects.

64. Hills v. Gautreaux, 425 U.S. 284 (1976).

65. Ibid.

66. Ibid. at 288-89 (citing Gautreaux v. Chicago Housing Authority, 304 F. Supp. 736, 738-39 (N.D. Ill. 1969)).

67. Ibid. at 288-90 (citing Gautreaux v. Chicago Housing Authority, 304 at 739-41; Gautreaux v. Romney, 448 F.2d 731 (7th Cir. 1971); Gautreaux v. Chicago Housing Authority, 503 F.2d 930 (7th Cir.  1974)).

68. De Souza Briggs, Geography of Opportunity, p. 182.

69. James E. Rosenbaum and Stefanie DeLuca, What Kinds of Neighborhoods Change Lives? The Chicago Gautreaux and Recent Mobility Programs, 41 IND. L.J. 653, 655 (2008).

70. Greg J. Duncan and Anita Zuberi, Mobility Lessons from Gautreaux and Moving to Opportunity, 1 NW. J.L. & SOC. POL’Y 100, 113-14 (2006).

71. De Souza Briggs, Geography of Opportunity, p. 158.

72. Ibid.

73. Duncan and Zuberi, Mobility Lessons from Gautreaux and Moving to Opportunity, p. 114.

74. Ibid.

75. Ibid. at 113.

76. Ibid. at 115.

77. Breymaier, Rob, and Mandie Schmid, “The 2008 State of Fair Housing in the Six-County Chicago Region: 40 Years after the Fair Housing Act and a Blueprint for Change for the Next Five Years,” Chicago Area Fair Housing Alliance, p. 21, http://cafha.net/wp-content/uploads/2011/03/State-of-Fair-Housing-2008-Final. Pdf.

78. “Consulting for Public Housing Authorities, Non Profits, Municipalities or Other Entitlement Jurisdictions,” Housing Choice Partners, accessed October 2, 2014, http://www.hcp-chicago.org/2014/program/ consulting/.

79. Duncan and Zuberi, Mobility Lessons from Gautreaux and Moving to Opportunity.

80. De Souza Briggs, Geography of Opportunity, pp. 128-34.

81. “Moving to Opportunity for Fair Housing,” U.S. Department of Housing and Urban Development, accessed August 25, 2014, http://portal.hud.gov/hudportal/HUD?src=/programdescription/mto.

82. Comey, Jennifer, et al., “Struggling to Stay Out of High-Poverty Neighborhoods: Lessons from the Moving to Opportunity Experiment,” The Urban Institute, March 2008, p. 2, http://www.urban.org/ UploadedPDF/411635_high-poverty_neighborhoods.pdf.

83. De Souza Briggs, Geography of Opportunity, p. 157.

84. Ibid. at 138.

85. Ibid.

86. Goering, John, and Judith Feins, Choosing a Better Life? Evaluating the Moving to Opportunity Social Experiment. Washington, D.C.: Urban Institute Press, 2003, pp. 26-28.

87. Comey, “Struggling to Stay Out of High-Poverty Neighborhoods,” p. 2.

88. Ibid. at 2.

89. Ibid.

90. Ibid.

91. Ibid. at 4-5.

92. Comey, “Struggling to Stay out of High-Poverty Neighborhoods,” p. 5.

93. Ibid. at 2.

94. Housing Act of 1937, 42 U.S.C. § 1437 (1937), amended by 42 U.S.C. § 1437v (1992).

95. De Souza Briggs, Geography of Opportunity, pp. 178-79. An analysis of HUD administrative data shows that, of former residents at 73 HOPE VI sites in 48 cities, one-third received vouchers, half relocated to other public housing developments, and the remainder of former residents left subsidized housing. In addition to the displacement of former low-income residents, only 13 percent of participants moved to low-poverty neighborhoods; 40 percent of participants were still living in high-poverty tracts; and the majority of families were still living in neighborhoods that were segregated. Ibid.

96. De Souza Briggs, Geography of Opportunity, pp. 178-79; Popkin, Susan J., et al., “A Decade of HOPE VI: Research Findings and Policy Challenges,” The Urban Institute and Brookings Institute, May 2004, pp. 3-4, http://www.urban.org/UploadedPDF/411002_HOPEVI.pdf.

97. Thompson v. U.S. Dep’t of Hous. and Urban Dev., 348 F. Supp. 2d 398, 404-07 (D. Md. 2005).

98. Ibid.

99. Ibid. at 408-09.

100. DeLuca, Stefanie, and Jessi Stafford, “Finding Home: Voices of the Baltimore Housing Mobility Program,” The Century Foundation, March 2014, http://apps.tcf.org/finding-home.

101. Ibid.

102. Ibid.

103. Goodwin, Carole, The Oak Park Strategy: Community Control of Racial Change. Chicago, Illinois: U. of Chicago Press, 1979.

104. Moberg, David, “Our Town,” American Prospect, March 9, 2011, http://prospect.org/article/our-town.

105. Ibid.

106. Ibid.

107. Ibid.; “Looking for the Best Oak Park Apartments? Start Here at the Housing Center,” Oak Park Regional Housing Center, accessed September 29, 2014, http://www.liveinoakpark.com/.

108. “Housing Programs,” Village of Oak Park, accessed September 29, 2014, http://oak-park.us/village- services/housing-programs; McKenzie, Evan, and Jay Ruby,  “Reconsidering  the  Oak  Park  Strategy:  The Conundrums of Integration,” Temple University, 2002, pp. 19-22, http://astro.temple.edu/~ruby/opp/3qrpt02/finalversion.pdf.

109. “Landlord Training,” Oak Park Regional Housing Center, accessed September 29, 2014, http://www.oprhc. org/programs/landlords/.

110. Moberg, “Our Town”; Logan, John R., and Brian J. Stults, “The Persistence of Segregation in the Metropolis: New Findings from the 2010 Census,” American Communities Project and Russell Sage Foundation, March 24, 2011, http://www.s4.brown.edu/us2010/Data/Report/report2.pdf.

111. Moberg, “Our Town.”

112. Bibbs, Rebecca, “Oak Park Should Seek More Hispanics, Advocates Say,” Sun-Times, August 15, 2014, http://oakpark.suntimes.com/2014/08/15/oak-park-hispanic-residents/.

113. U.S. ex rel. Anti-Discrimination Ctr. of Metro N.Y. v. Westchester County¸ 495 F. Supp. 2d 375, 377-78 (S.D.N.Y. 2007).

114. Ibid. at 376-77.

115. Ibid. at 378.

116. Ibid.

117. U.S. ex rel. Anti-Discrimination Ctr. of Metro N.Y. v. Westchester County¸ 668 F. Supp. 2d 548 (S.D.N.Y. 2009).

118. “Cheating on Every Level: Anatomy of the Demise of a Civil Rights Consent Decree,” Anti-Discrimination Center, May 2014, p. 2, http://www.antibiaslaw.com/sites/default/files/Cheating_On_Every_Level.pdf.

119. Ibid.

120. Ibid. at 3.

121. Ibid. at 8-9.

122. Ibid. at 9.

123. Ibid. at 10-11.

124. “Cheating on Every Level,” Anti-Discrimination Center, pp. 20-21.

125. Ibid. at 4, 21-22.

126. Southern Burlington County NAACP v. Township of Mt. Laurel, 336 A.2d 713, 717 (N.J. Sup. Ct.  1975).

127. Ibid. at 719-22.

128. Ibid. at 731-35.

129. Southern Burlington County NAACP v. Township of Mt. Laurel, 456 A.2d 390, 409-10 (N.J. Sup. Ct. 1983).

130. New Jersey Fair Housing Act, N.J. STAT. ANN. § 52:27D-301 et seq. (1985); Matthews Shiers Sternman, Integrating the Suburbs: Harnessing the Benefits of Mixed-Income Housing in Westchester County and Other Low-Poverty Areas, 44 COLUM. J.L. & SOC. PROB. 1, 4 (2010); “What is the Mount Laurel Doctrine?,” Fair Share Housing Center, accessed September 15, 2014, http://fairsharehousing.org/mount-laurel-doctrine/.

131. In re Adoption of N.J.A.C. 5:96 & 5:97 by New Jersey Council on Affordable Housing, No. 067126, (N.J. Sup. Ct. September 26, 2013).

132. New York Times Editorial Board, “The Mount Laurel Doctrine,” New York Times, January 28, 2013, http://www.nytimes.com/2013/01/29/opinion/the-mount-laurel-doctrine.html.

133. N.J. STAT. ANN. §§ 52:27D-312, 52:27D-321.1, 5:43-1.4(c) (1985).

134. N.J. STAT. ANN. § 52:27D-302(j) (2008).

135. N.J. STAT. ANN. §§ 52:27D-302-05 (2008); “Bill A-500,” Fair Share Housing Center, accessed September 29, 2014, http://fairsharehousing.org/advocacy/bill-a-500/.

136. Florence Wagman Roisman, Opening the Suburbs to Racial Integration: Lessons for the 21st Century, 23 W. NEW ENG. L. REV. 65, 70 (2001) (citing Montgomery, Md. Code 25A (2000)).

137. Ibid. at 78 (citing Montgomery, Md. Code 25A-8(b)); “40 Years Ago: Montgomery County, Maryland Pioneers Inclusionary Zoning,” National Low-Income Housing Coalition, 2014, http://nlihc.org/article/40- years-ago-montgomery-county-maryland-pioneers-inclusionary-zoning (“In 2014, a household must earn between a minimum of $30,000 and a maximum of $81,000” (in order to rent a “moderately priced” unit)).

138. “40 Years Ago,” National Low-Income Housing Coalition.

139. Ibid.; Roisman, Opening the Suburbs, pp. 78-79.

140. “40 Years Ago,” National Low-Income Housing Coalition; Roisman, Opening the Suburbs, pp. 78-79.

141. MASS. GEN. LAWS ch. 40B, § 20-23 (1969).

142. Roisman, Opening the Suburbs, pp. 72-77.

143. Ibid.

144. Ibid. at 85.

145. “40 Years Ago,” National Low-Income Housing Coalition.

146. Brown, Karen Destorel, “Expanding Affordable Housing Through Inclusionary Zoning: Lessons from the Washington Metropolitan Area,” Brooking Institution Center on Urban and Metropolitan Policy, October 2001, http://www.brookings.edu/~/media/research/files/reports/2001/10/metropolitanpolicy%20brown/ inclusionary.pdf; Levy, Diane K., “Expanding Housing Opportunities Through Inclusionary Zoning: Lessons from Two Counties,” Urban Institute, December 2012, http://www.huduser.org/portal/publications/ HUD-496_new.pdf; Read, Dustin C., “Inclusionary Zoning: A Framework for Assessing the Advantages and Disadvantages,” Center for Real Estate, UNC Charlotte and Center for Metropolitan Studies, May 2008, http://community-wealth.org/_pdfs/articles-publications/cdcs/report-read.pdf .

147. 1973 Or. Laws 127.

148. “Land Use Planning in Oregon,” Housing Land Advocates, accessed September 1, 2014, http:// housinglandadvocates.org/resources/land-use-and-housing/land-use-planning-in-oregon/.

149. OR. REV. STAT. § 197.309 (1999).

150. Ibid.

151. Berube, Alan, and Natalie Holmes, “Affirmatively Furthering Fair Housing: Considerations for the New Geography of Poverty,” Poverty & Race Research Action Council, November/December 2013, p. 11, http:// www.prrac.org/pdf/NovDec2013PRRAC_Orfield_Berube.pdf.

152. Ibid.; “Urban Growth Boundary,” Oregon Metro, August 4, 2014, http://www.oregonmetro.gov/urban- growth-boundary.

153. Orfield, Myron, “Distributing the Benefits and Burdens of Growth: Metropolitan Equity in the Portland Region,” Institute on Race & Poverty, October 2009, pp. 1-4, http://www.law.umn.edu/uploads/7d/ c4/7dc4904f37d4973055e6f9b1121f8637/36_Portland_Metropatterns.pdf.

154. Berube, “Affirmatively Furthering Fair Housing,” p. 11.

155. Florida, Richard, “The U.S. Cities Where the Poor Are Most Segregated from Everyone Else,” The Atlantic, March 24, 2014, http://www.citylab.com/housing/2014/03/us-cities-where-poor-are-most- segregated/8655/.

156. “City of Portland, Bureau of Planning and Sustainability, 2011-2013 Strategic Plan,” Bureau of Planning and Sustainability, accessed September 1, 2014, http://www.portlandoregon.gov/bps/article/336131.

157. Schmidt, Brad, “Failure  to Support Fair Housing Act Leads to Subsidized Segregation: Locked Out,     Part 1,” Oregonian, June 5, 2012, http://www.oregonlive.com/portland/index.ssf/2012/06/subsidizing_ segregation_locked.html.

158. Ibid.

159. Ibid. (“Poverty areas are those where at least 20 percent live below the federal poverty line, according to federal definitions. Minority areas have nonwhite populations that exceed the metro average by at least 20 percentage points; locally, that’s nearly 44 percent, a high bar for a metro area that’s more than 76 percent white.”).

160. Ibid.

161. Ibid.

162. “The Seattle Open Housing Campaign, 1959-1968,” City of Seattle, accessed September 2, 2014, http://www.seattle.gov/cityarchives/exhibits-and-education/digital-document-libraries/the-seattle-open-housing- campaign.

163. Ibid.

164. “Seattle Open Housing Campaign” City of Seattle; “Ending Housing Discrimination Against Lesbian, Gay, Bisexual, and Transgender Individuals and their Families: Enriching and Strengthening our Nation,” U.S. Department of Housing and Urban Development, accessed September 2, 2014, http://portal.hud.gov/ hudportal/HUD?src=/program_offices/fair_housing_equal_opp/LGBT_Housing_Discrimination.

165. “Seattle Open Housing Campaign,” City of Seattle; “Ending Housing Discrimination,” HUD.

166. “Policy Brief: Banning Housing Discrimination Based on Source of Income,” Center for Popular Democracy, accessed September 2, 2014, http://populardemocracy.org/sites/default/files/housing_11162013.pdf.

167. David Zisser and Brenda Shum, Housing and Education Advocates Work Together to Improve Education, 47 CLEARINGHOUSE REV. 373, 377 (2014) (citing Seattle, Wash., Municipal Code, Housing Code § 22.214.050, 22.214.086 (2013)).

168. Martin, Matthew, and Tim Parham, “Equity, Opportunity & Sustainability in the Central Puget Sound Region: Geography of Opportunity in the Central Puget Sound Region,” Kirwan Institute and Puget Sound Regional Council, May 2012, pp. 6-8, http://www.kirwaninstitute.osu.edu/reports/2012/05_2012_ PugetSoundOppMapping.pdf.

169. Cunningham, Mary, “Improving Neighborhood Location Outcomes in the Housing Choice Voucher Program: A Scan of Mobility Assistance Programs,” What Works Collaborative, September 2010, p. 1, http://www.urban.org/uploadedpdf/412230-Improving-Neighborhood-Location.pdf.

170. Martin, “Equity, Opportunity & Sustainability,” p. 9.

171. Ibid. at 7.

172. Ibid. at 10.

173. Ibid. at 1-3.

174. Ibid. at 1.

175. Ibid.

176. Martin, “Equity, Opportunity & Sustainability,” p. 6.

177. Ibid. at 6, 20-45.

178. Ibid. at 7.

179. Ibid. at 11-12.

180. Ibid. at 13-14.

181. Ibid. at 6.

182. Fernandez, Frank, et al., “The Geography of Opportunity in Austin and How It Is Changing,” Capital Area Council of Governments, Green Doors and Kirwan Institute, April 2013, http://www.kirwaninstitute.osu. edu/reports/2013/04_2013_Austin-reported.pdf.

183. Ibid. at 3.

184. Ibid. at 23, 32.

185. Ibid. at 32.

186. Ibid.

187. Ibid.

188. Fernandez, “Geography of Opportunity in Austin,” p. 32.

189.    Ibid.

190. De Souza Briggs, Geography of Opportunity, pp. 138, 158; Goering, Choosing a Better Life?, pp. 26-28.

191. Duncan and Zuberi, Mobility Lessons from Gautreaux and Moving to Opportunity, pp. 113-115; Comey, “Struggling to Stay Out of High-Poverty Neighborhoods.”

192. DeLuca “Finding Home.”

193. Goodwin, The Oak Park Strategy; Moberg, “Our Town.”

194. Moberg, “Our Town.”

195. NYT Editorial Board, “Mount Laurel Doctrine.”

196. N.J. STAT. ANN. §§ 52:27D-302-05 (2008); “Bill A-500,” Fair Share Housing Center; Roisman, Opening the Suburbs, pp. 72-77.

197. Berube, “Affirmatively Furthering Fair Housing.”

198. “Seattle Open Housing Campaign,” City of Seattle; “Ending Housing Discrimination,” HUD; “Policy Brief: Banning Housing Discrimination,” Center for Popular Democracy.

199. Affirmatively Furthering Fair Housing, 78 Fed. Reg. 43,710 at 43,731.

200. Martin, “Equity, Opportunity & Sustainability;” Fernandez, “Geography of Opportunity in Austin..

201. “Strategies to Affirmatively Further Fair Housing: Proposals for the City of New Orleans Comprehensive Zoning Ordinance (CZO) and Beyond,” Greater New Orleans Fair Housing Action Center and the Lawyers’ Committee for Civil Rights Under Law, April 28, 2011, p. 10, http://www.lawyerscommittee.org/admin/ community_development/documents/files/4-28-11_Strategies_to_Affirmatively_Further_Fair_Housing.Pdf.

202. Ibid.; Levy, “Expanding Housing Opportunities.”

203. “Strategies to Affirmatively Further Fair Housing: Proposals for the City of New Orleans Comprehensive Zoning Ordinance (CZO) and Beyond,” Greater New Orleans Fair Housing Action Center and the Lawyers’ Committee for Civil Rights Under Law, pp. 10-11.

204. Goldman, Henry, “New York’s De Blasio Unveils $41 Billion Plan for Affordable Housing,” Bloomberg, May 5, 2014, http://www.bloomberg.com/news/2014-05-05/de-blasio-unveils-41-billion-plan-for-affordable- housing.html.

205. Ibid.; Wishnia, Steven, “De Blasio’s Housing Plan: Too Little, Too Late?,” Metropolitan Council on Housing, May 2014, http://metcouncilonhousing.org/news_and_issues/tenant_newspaper/2014/may/ de_blasio%E2%80%99s_housing_plan_too_little_too_late.

206. Real Affordability for All Campaign, “Statement by Real Affordability for All Coalition on Mayor De Blasio’s Housing New York Plan,” press release, accessed September 2, 2014, http://www.vocal-ny.org/ press-release/statement-by-real-affordability-for-all-coalition-on-mayor-de-blasios-housing-new-york- plan/; Gonzalez, Juan, “Gonzalez: East Harlem Luxury Tower Plan is Becoming De Blasio’s Affordable Housing Test,” New York Daily News, August 20, 2014, http://www.nydailynews.com/new-york/gonzalez- e-harlem-luxury-tower-de-blasio-affordable-housing-test-article-1.1909820.

207. Wishnia, Steven, “How NYC Can Solve its Affordable Housing Crisis,” Gothamist, April 23, 2014, http:// gothamist.com/2014/04/23/nyc_high_rent_crisis.php.

208. Ibid.

209. Comments from the Greater New Orleans Fair Housing Action Center, et al., to New Orleans City Planning Commission (November 19, 2013) (on file with author), available at http://www.gnofairhousing.org/wp- content/uploads/2013/11/Comments-to-CZO-11-19-13.pdf.

210. Ibid.

211. “Strategies to Affirmatively Further Fair Housing: Proposals for the City of New Orleans,” Greater New Orleans Fair Housing Action Center, p. 10.

212. DeLuca, “Finding Home.”

213. “Mobility Works,” Inclusive Communities Project, April 2013, p. 7, http://www.inclusivecommunities.net/ MobilityWorks.pdf.

214. Kruckenberg, Kami, et al., “Connecting Families to Opportunity: A Resource Guide for Housing Choice Voucher Program Administrators,” Poverty & Race Research Action Council, July 2009, http://www.prrac. org/pdf/connectingfamilies.pdf.

215. Ibid. at 12. Higher standards beyond HUD’s Housing Quality Standards could benefit persons with asthma and other medical problems and increase the overall health of residents. Stronger guidance is available. Ibid.

216. Ibid. at 13-14.

217. Ibid. at 21-22.

218. Ibid. at 26-27.

219. Breymaier, Rob, et al., “Fair Housing and Equity Assessment: Metropolitan Chicago,” Chicago Metropolitan Agency for Planning and Chicago Area Fair Housing Alliance, November 2013, p. 110, http://cafha.net/wp- content/uploads/2014/01/Chicago-Region-FHEA-November-2013.pdf.

220. Ibid. at 111.

221. Ibid. at 110-11.

222. Ibid.

223. Moberg, “Our Town.”

224. Haberle, Megan, et al., “Accessing Opportunity: Affirmative Marketing and Tenant Selection in the LIHTC and Other Housing Programs,” Poverty & Race Research Action Council, December 2012, http://www.prrac. org/pdf/affirmativemarketing.pdf.

225. “Overview: Community Land Trusts,” Community-Wealth.org, accessed September 3, 2014, http:// community-wealth.org/strategies/panel/clts/index.html.

226. Ibid.; “Equitable Development Toolkit: Community Land Trusts,” PolicyLink, June 2001, http://www. policylink.org/sites/default/files/community-land-trusts.pdf.

227. “Overview: Community Land Trusts,” Community-Wealth.org.

228. “History,” Dudley Street Neighborhood Initiative, accessed September 3, 2014, http://www.dsni.org/history.

229. U.S. Department of Housing and Urban Development, “HUD Announces First-Ever Same Sex Housing Discrimination Study,” press release, June 18, 2013, http://portal.hud.gov/hudportal/HUD?src=/press/ press_releases_media_advisories/2013/HUDNo.13-096.

230. “Policy Brief: Banning Housing Discrimination,” Center for Popular Democracy.

231. “Ending Housing Discrimination,” HUD.

232. Samara, Tony Roshan, et al., “Rise of the Renter Nation: Solutions to the Housing Affordability Crisis,” Right to the City Alliance, June 2014, p. 34, http://homesforall.org/campaign/wp-content/uploads/2014/06/ RENTER_NATION_FULL_REPORT_WEB.pdf.

233. “Policy for Local Progress: Case Studies & Best Practices from Around the Country,” Local Progress and Center for Popular Democracy, accessed September 3, 2014, p. 18, http://populardemocracy.org/sites/ default/files/local%20progress%20briefs%20booklet%20v8.pdf.

234. Ibid. at 19.

235. Ibid.

236. Levy, Diane K., et al., “Keeping the Neighborhood Affordable: A Handbook of Housing Strategies for Gentrifying Areas,” Urban Institute, 2006, http://www.urban.org/uploadedPDF/411295_gentrifying_areas. pdf; Navarro, Mireya, “Tenants Living Amid Rubble in Rent-Regulated Apartment War,” New York Times, February 24, 2014, http://www.nytimes.com/2014/02/25/nyregion/in-new-york-push-for-market-rate- housing-pits-landlords-against-tenants.html.

237. “Our City, Our Homes Platform,” Make the Road New York, accessed September 3, 2014, http://www.maketheroad.org/report.php?ID=2775&limit=500&limit2=1000&page=2; Dias, Marika, et al., “The Roof Over our Heads: The Case for Stronger Enforcement of New York City’s Housing Maintenance Code,” Make the Road New York, October 2013, pp. 4, 37-38, http://www.maketheroad.org/pix_reports/MRNY_ Report_Roof_Over_Our_Heads_Oct_2013.pdf.

238. Samara, “Rise of the Renter Nation,” p. 35; Breymaier, “Fair Housing and Equity Assessment,” p. 110.

239. New York Times Editorial Board, “Hurricane Sandy and New Jersey’s Poor,” New York Times, December 23, 2013, http://www.nytimes.com/2013/12/24/opinion/hurricane-sandy-and-new-jerseys-poor.html?_ r=0; McGeehan, Patrick, “New Jersey Reaches Deal on Hurricane Sandy Aid,” New York Times, May 30, 2014, http://www.nytimes.com/2014/05/31/nyregion/new-jersey-reaches-deal-on-hurricane-sandy-aid. html?_r=0.

240. “State Amends Problematic Hurricane Relief Program,” Greater New Orleans Fair Housing Action Center, July 7, 2011, http://www.gnofairhousing.org/2011/07/07/state-ammends-problematic-hurricane-relief- program/.

241. New York Times Editorial Board, “HUD Steps Up in Texas,” New York Times, June 2010, http://www. nytimes.com/2010/06/14/opinion/14mon3.html?_r=0.

242. Letter from V. Elaine Gross, President, ERASE Racism to The Governor’s Office of Storm Recovery (March 2014) (on file with author), available at http://www.eraseracismny.org/storage/documents/ERASE_ Racism_Comments_to_Amendment6_-_Revised_Edit_March_28_2014_2.pdf.

243. Axt, Deborah, et al., “Unmet Needs: Superstorm Sandy and Immigrant Communities in Metro New York Area,”  Make  the Road New  York,  December 2012, pp.  10-11, http://www.maketheroad.org/pix_reports/MRNY_Unmet_Needs_Superstorm_Sandy_and_Immigrant_Communities_121812_fin.pdf.

244. Price, David, “Home Matters! Seven Policies That Could Prevent Roxbury’s Gentrification,” Nuestra Comunidad Development Corporation, April 14, 2014, http://www.nuestracdc.org/blog/2014/04/14/15- home-matters-seven-policies-that-could-prevent-roxburys-gentrification.

245. Samara, “Rise of the Renter Nation,” pp. 35-36.

246. Oakland, Cal., Ordinance 12537 (Nov. 5, 2012).

247. Been, Vicki, et al., “The Role of Community Benefit Agreements in New York City’s Land Use Process,” New York City Bar, March 8, 2010, http://www.nycbar.org/pdf/report/uploads/20071844-TheRoleofCom munityBenefitAgreementsinNYCLandUseProcess.pdf; “Community Benefits Agreements,” Good Jobs New York, accessed October 7, 2014, http://www.goodjobsny.org/resources-tools/community-benefits- agreements; “Community Benefits Agreements,” Rockaway Wildfire, accessed October 7, 2014, http:// rockawaywildfire.org/?page_id=18.

248. “6 Big Wins for Social Equity Network,” Public Advocates, accessed September 3, 2014, http://www. publicadvocates.org/6-big-wins-for-social-equity-network.

249. “A Bay Area Agenda for Investment without Displacement,” Asian Pacific Environmental Network, Causa Justa :: Just Cause, Council of Community Housing Organizations, PolicyLink, Public Advocates and Urban Habitat, September 13, 2011, p. 1, http://www.publicadvocates.org/sites/default/files/library/bay_area_ agenda_for_investment_without_displacement_0.pdf.

250. Ibid.

251. Ibid. at 2.

252. Ibid.

253. Ibid. at 1.

254. Affirmatively Furthering Fair Housing, 78 Fed. Reg. 43,710.