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17)    Develop a Regional Fair Housing Compact program
Fair housing refers to the protection of people’s rights to equal housing opportunity wherever they choose to seek housing as long as they can afford it.  A Regional Fair Housing Compact program can challenge housing discrimination and help to ensure equitable distribution of housing opportunities in the region.   Such a Compact would be based on the regional housing goals and objectives of the Regional Housing Needs Assessment; and would include local production targets developed collaboratively by MAPC and individual cities and towns.  It would also incorporate non-discrimination mandates of federal and state laws.  The Regional Housing Advisory Committee (Recommendation #3A3) would steward the Compact and assess compliance with fair housing issues, regional needs, and social equity.  Similar programs have been established in other states including Connecticut, California, Delaware, Illinois, Minnesota, and Pennsylvania.  

The Regional Fair Housing Compact program will specifically resolve the following issues which may arise from the Regional Housing Needs Assessment process: target and eliminate discriminatory practices by public and private sector parties; create a diverse range of housing types; provide sufficient and ensure affordable housing opportunities are available to all; ensure employment opportunities are available in proximity to a range of housing opportunities; address the current and future need for affordable housing in the region; and, minimize concentrations of poverty.

The Federal Fair Housing Act prohibits denying anyone housing based on their race, color, sex, national origin, religion, whether they have a physical or mental disability and the presence of children under 18 in households.  Under Massachusetts law it is also illegal to discriminate based on marital status, age, sexual orientation, military or veteran status, ancestry, and public assistance, housing subsidies or rental assistance.  If over-55 or “senior” housing meets the standards set forth in the Housing for Older Persons Act of 1995, then its senior designation is not discriminatory against families with children under the Federal Fair Housing Act.  Fair housing laws regulate the actions of property owners, landlords, lenders, realtors, neighbors, and appraisers; municipalities must also comply with fair housing laws.

17.a    MAPC, FHCGB, and allied organizations should develop a proposal and seek funding for a Regional Fair Housing Compact Program.

18)    Implement a fair housing impact review process
Housing discrimination has tremendous economic and quality-of-life repercussions for the entire region and must be addressed to advance regional equity and prosperity.
Some zoning restrictions can have discriminatory effects and contribute to racial segregation in the region. Connections between certain zoning restrictions and the lack of housing affordability have been well documented nationally, and Metropolitan Boston presents a particularly egregious case.  Even though housing prices and the demand for homes are among the highest in the country, new construction (especially multifamily housing construction) has fallen dramatically over the past few decades.  Large lot zoning, single family mandates, and other development regulations, rather than a lack of land, are largely responsible for this weak supply response to rising prices.  Particularly concerning are zoning restrictions that limit housing needed by families with children, who are disproportionately people of color.  Project-by-project decisions made by local zoning boards regularly limit development to studio, one and two bedroom units, thus limiting housing choice for families with children.

18.a    The Regional Housing Advisory Committee should develop a Fair Housing Impact Review process

19)    Determine the impact of local preference policies
Municipalities may establish a preference for local residents during the selection of occupants for affordable housing.  Currently, up to 70% of the units can be for local preference based on regulations from the Department of Housing and Community Development.  Local preference criteria might be designed to address truly local housing needs -- needs that are unique to the community and perhaps not found in other areas of the region.  While local preference criteria may not include discriminatory criteria beyond an individual's location of residency, these preferences may create a disparate impact to individuals seeking affordable housing.

19.a    The Regional Housing Advisory Committee should conduct an evaluation of local preference policies

20)    Publicize and enforce federal and state anti-discrimination laws
The production of affordable units is only one component of increasing regional equity.  Repeated studies demonstrate that housing discrimination still exists in Metro Boston.  Extensive paired testing has uncovered a pattern of discrimination in the rental, purchase, and financing of properties to people of color, families with children, and people receiving housing assistance. These tests show that people of color experience discrimination in at least half of their attempts to secure housing in Greater Boston. Families with children and people receiving housing subsidies experience discrimination in roughly two-thirds of their attempts to rent in the region.

This persistent discrimination requires a combination of approaches: analysis, education, and testing.  Real estate industry professionals must be made more aware of their responsibilities under fair housing laws.  Residents should be encouraged to report instances of discrimination and valid complaints must be affirmatively pursued.  Municipalities, with assistance and support from MAPC and the Commonwealth, should establish local efforts to combat housing discrimination.

20.a    The Fair Housing Center of Greater Boston should collaborate with municipal governments to establish local fair housing centers throughout the region

20.b    The Massachusetts Realtor Association and its affiliates should expand fair housing training programs

20.c    The Fair Housing Center of Greater Boston and allied organizations should seek additional funding for fair housing testing

21)    Increase housing accessibility and adaptability
Developers and municipalities should follow the accessibility mandates of the Massachusetts Architectural Access Board (MAAB) rules and regulations and the design and construction requirements of the Federal Fair Housing Amendments Act of 1988.

When a development receives federal, state, or local government funding assistance, compliance with the accessibility standards of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 is triggered.  Compliance with these rules should be enforced.

Greater awareness and education are necessary to help builders, designers, and municipalities coordinate and balance compliance with accessible and fair housing and accessibility mandates.  MAAB requirements are not always more stringent than federal accessibility laws.  There is often a lack of full understanding on requirements and the differences in scoping and coverage between the two codes.  As a result, architects, builders, contractors, and other trades people sometimes fail to follow federal mandates.  This results in violations to federal fair housing laws and lessens the number of accessible units created.

HUD’s Fair Housing Accessibility First Program is a successful model being used to advance fair housing accessibility compliance, specifically addressing the lack of awareness and understanding of the FHAA Design and Construction Mandates.

The Citizens’ Housing and Planning Association Access Committee is currently developing an accessibility action plan.  The Committee comprises state agencies, developers, housing advocates, disability advocates, architects, attorneys, and code inspectors.  The action plan will address issues such as: resolving the code issues between MAAB and federal mandates, enforcement of accessibility laws, state housing agency oversight, and technical assistance and training on access codes.

22)    Increase the application of universal design principles
To ensure that the region’s housing is accessible, visitability and “universal design” are important issues.  Often confused as an issue limited to special needs populations, visitability and universal design include principles such as providing smooth ground surfaces at entryways, wide interior doors and hallways, and installing handles with levers rather than knobs.  The universal design movement has grown largely because of the aging U.S. population.

Municipalities must comply with federal and state regulations addressing accessibility through the Fair Housing Act, the Rehabilitation Act of 1973 and the Americans with Disabilities Act.  In Massachusetts, the Architectural Access Board rules also govern housing access issues.  Some federal and state grant programs also include these requirements.  Due in part to the changing population needs and the fact that the Americans with Disabilities Act does not cover new single family homes, 14 states have passed legislation supporting the use of visitability and universal design principles.  Various models exist.  There are varying thresholds that trigger the law.  For example some localities apply the requirements to developments containing seven or more units or if public funding is provided.

22.a    All public and quasi-public housing agencies should require visitability and universal design in all state-funded projects