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Fair housing is an issue of growing concern in Burlington. The City's
population is increasingly diverse, and regional market conditions have had an
increasingly significant effect on fair housing choice both within the City and
within the surrounding region.
The City has completed an Analysis of Impediments to Fair Housing Choice and
Action Plan ? a comprehensive review of policies, demographics, practices and
procedures that affect the location, availability and accessibility of housing
and current residential patterns and conditions. The Analysis of Impediments
(AI), the recommendations of which were formally adopted by the City Council on
January 25, 1999, was prepared in accnt
Office. To ensure broad representation in the AI process, the Community &
Economic Development Office convened a Fair Housing Committee consisting of the
following offices and organizations:
- Burlington Housing Authority, Paul Dettman
- City Attorney's Office, Jessica Oski
- Racial Justice and Equity Project, John Tucker
- Vermont Tenants, Inc., Ted Wimpey
The Analysis of Impediments identified a number of impediments to fair
housing choice and suggested action items, categorized by geographic area (City
of Burlington; Surrounding Chittenden County Communities), by industry (Rental
Property Management; Real Estate; Home Building; Banking, Finance and
Insurance), and by socio-economic barriers. Of the more than 20 barriers
identified in the AI, the following are those barriers and actions for which the
City of Burlington has major responsibility to address:
When the AI was conducted in 1998, seventy-four (74) housing discrimination
charges had been filed with the Vermont Human Rights Commission by Chittenden
County residents that year. A lack of quantitative proof about the number of
actual fair housing violations being made against protected classes in the City
of Burlington and in Chittenden County was identified as a key impediment to
addressing fair housing.
Action: The City should continue to support the efforts of the
Champlain Valley Office of Economic Opportunity (CVOEO)'s Fair Housing Project
to gather and analyze solid evidence.
Progress: The Community & Economic Development Office (CEDO) has
submitted letters of support for CVOEO's Fair Housing Project. CEDO participated
in a consultation process with the Vermont Department of Housing and Community
Affairs, the Vermont Human Rights Commission and CVOEO - funded by HUD - to
develop a fair housing public education program. CVOEO, with CEDO support,
successfully applied for Fair Housing Initiatives Program funding from HUD in
1998 to conduct testing and enforcement as well as education and outreach. Since
the FHP was created in 1998, there has been significant progress made on this
impediment.
In 2000, the Fair Housing Project conducted a survey of racial discrimination
among housing providers. A total of 14 tests were successfully completed. A
successfully completed test required that the property was covered under the
fair housing law, and that at least two matched testers contacted the housing
provider while the housing was still available. The tester of color was matched
with a white tester of the same gender and of a similar age. The two testers
were given characteristics that were very similar, such as income and rental
history. In 46% of the tests there was evidence of racial discrimination.
The discrimination took many forms. In 21% of the tests, the housing provider
did not inform the tester of color about all available housing. Also, in 21% of
the tests, the tester of color had difficulty in getting an appointment or
seeing the apartment. There was one test that showed evidence of different terms
for the two testers, and one test that showed a deliberate steering effort on
the part of the housing provider. Most often the tester of color experienced a
combination of these different forms of discrimination. Less favorable treatment
of the tester of color was observed in 29% of the tests. Therefore, in 33% of
the tests where there was discrimination, the tester of color was unaware that
anything was wrong. In other words, it was "discrimination with a smile."
In addition to testing for racial discrimination, the Fair Housing Project
conducted a survey of family status discrimination; 30 family status tests were
completed. A successfully completed test required that the property was covered
under fair housing law, that at least two matched testers contacted the housing
provider while the housing was still available, and that the family status of
each tester was known to the housing provider.
Discrimination against families with children occurred in 30% of the tests
conducted. Tests were conducted using married couples with children and single
parent families. One, two, and three bedroom units in four counties were tested.
30% of families seeking housing encountered discouraging statements and less
favorable treatment. Example statements include: "Are you sure you want to live
in Burlington?" and "You should think about whether or not your kids would be
happy here." The second most common barrier for families with children was
difficulty in making appointments (17% of the time). For example, this occurred
when housing providers told testers with families that they would call them back
when they were showing the apartment, while granting the tester without children
an immediate appointment. There was also one case of a direct refusal to rent an
apartment and one case of steering families with children to certain units. The
Fair Housing Project completed nine tests examining compliance with Fair Housing
Act requirements for accessibility in new multifamily construction. The federal
Fair Housing Act establishes architectural guidelines for buildings constructed
for first occupancy after March 13, 1991. The Fair Housing Project tested
buildings covered under this federal law. These guidelines were created to
afford people with disabilities greater access to housing. Buildings of four or
more units without an elevator are required to make the ground floor units
accessible. The guidelines must be incorporated into the design and construction
of all units in new multifamily buildings with four or more units and an
elevator. Two-story townhouse-type units are exempt from the federal law.
Failure to comply with these guidelines is a violation of the Fair Housing Act.
Fair Housing Act Accessibility Guidelines: · An accessible building entrance on
an accessible route · Accessible public and common use areas · Doors that allow
passage by a person in a wheelchair · An accessible route in and through the
unit · Light switches, thermostats, and other controls in accessible locations ·
Reinforcements in bathroom walls for the later installation of grab bars ·
Kitchens and bathrooms that allow a wheelchair to maneuver about the space
Of the nine units tested, three were out of compliance, four were in
compliance, and two tests were inconclusive. Violations included: high
thresholds in doorways, narrow doorways, thermostats that were too high,
kitchens that were not maneuverable for a person in a wheelchair, and bathrooms
that were so small that a person in a wheelchair could not have shut the door.
One test that was inconclusive concerned the land gradient and would have
required further testing, and the other unit had been altered by the previous
occupant in such a way that it was impossible to determine the original design.
In 2002, the Fair Housing Project conducted a survey of racial discrimination
among real estate agencies. The study looked at real estate agencies'
responsibilities to provide equal treatment to their customers under Title VIII
of the Federal Fair Housing Act and similar Vermont state statutes, and examined
consistency among realtors within the same agency. The study examined testers'
experiences walking into real estate offices. The tests took place in nine of
Vermont's largest cities including: Bennington, Brattleboro, Middlebury,
Montpelier/Barre, Springfield, St. Albans, St. Johnsbury, Rutland, and the
greater Burlington area. The real estate agencies tested were selected at random
using the yellow pages and real estate guides, but an effort was made to test
the biggest or most advertised agencies in an area. While tests were assigned
throughout the state, most tests took place in Chittenden County.
The Fair Housing Project's sales audit study found a 48% incidence of racial
discrimination and a 25% incidence of disability discrimination among major real
estate agencies in the biggest nine cities in Vermont. The discrimination took
many forms, but in many of the tests the differences in treatment the testers
experienced were related to their financial qualifications, the number of
listings they were given, and the number of personal questions they were asked.
In addition, the study found that 63% of the real estate agencies tested were
inaccessible and did not provide designated parking for people with
disabilities.
In 48% of the tests there was evidence of racial discrimination:
- In 31% of the tests only the person of color was asked about
pre-approval, compared with 7% of the tests where only the white person was
asked.
- In 24% of the tests, the tester of color was asked significantly more
personal questions, compared to 10% of the tests where the white person was
asked more questions.
- In 34% of the tests, the white tester was given more listings. This
occurred in tests where the testers requested information on houses with the
same number of bedrooms, in the same price range, in the same area.
In 25% of the tests there was evidence of disability discrimination:
- In 19% of the tests, only the tester with a disability was asked
about mortgage pre-approval or other financial qualifications. There were no
tests where only the control tester was asked about pre-approval.
- In 25% of the tests, the tester with a recognizable disability was asked
significantly more personal questions. There were no tests where the tester
without a disability was asked more personal questions.
- In 19% of the tests, the agent who met with the tester with a disability
did not respond to the accessibility request or provide accessible listings.
In addition to analyzing differing treatment, the study looked at the
accessibility of the real estate offices tested and the availability of parking
designated for people with disabilities:
- 63% of the offices visited were inaccessible and did not have parking
designated for people with disabilities .
- 25% of the offices were accessible and had parking.
- 12% of the offices were partially accessible (had a ramp but the threshold
appeared to be above ¼ inch, or had parking but building not accessible, or
vice versa).
This study provides evidence that housing discrimination exists within the
sales market in Vermont. The rate of discrimination recognizes a significant
barrier to people of color settling in Vermont and to those living here wanting
to be homeowners, and presents a barrier to people with disabilities attaining
their vision of the American dream. The results from the audit survey suggest
that more fair housing training is needed for real estate agents throughout
Vermont. Finally, it appears necessary for many real estate offices to renovate
their facilities, in order to make them accessible to people with disabilities
and to comply with the law.
Federal, state and local funding resources are needed to assist nonprofit
organizations with the production of affordable rental and home ownership
opportunities for low and moderate-income families in the City of Burlington and
surrounding Chittenden County communities.
Action: The City should continue to support the creation of affordable
housing in Burlington and surrounding communities.
Progress: The City has been a vocal supporter of increased state and
federal funding for the creation of affordable housing. In federal fiscal year
2003, the City supported a HUD Special Purpose grant of $900,000 secured by
Senator Leahy for the creation of affordable, family rental housing on the
Burlington waterfront. At the state level, the Mayor regularly testifies before
legislative committees in support of maintaining or increasing State funding for
affordable housing. As a result of these efforts along with the work of a
statewide coalition of housing advocates, the Vermont legislature has
appropriated over $10 million of past state surpluses for affordable housing.
Nonprofit projects in Chittenden County have received approximately one-half of
these surplus funds. The City supports affordable housing in the following
approximate annual amounts: $185,000 of Housing Trust Fund monies; $500,000 of
HOME funds; $300,000 of CDBG funds; for total City annual support of around
$975,000.
The City does not have sufficient resources to provide outreach, education
and enforcement of its own fair housing laws. As mentioned in the executive
summary, the small number of formal complaints to the City Attorney's Office is
not an accurate indication of the degree of fair housing violations occurring in
Burlington.
Action: The City should seek funding for education and enforcement of
its fair housing laws. In addition, the City should assist CVOEO's Fair Housing
Project with publicizing and hosting the fair housing month held annually in
April.
Progress: The City investigated the process of seeking federal funding
for education and enforcement of its own fair housing laws. After consultation
with the Vermont Human Rights Commission and CVOEO's Fair Housing Project staff,
the City determined that increased collaboration presented greater opportunities
for advancing fair housing than the City seeking funds to "go it alone". CEDO
has participated in CVOEO's fair housing events that occur each year around the
time of fair housing month in April..
With two distinct ordinances (Sec. 21-11 and Sec.18-200) governing housing
discrimination, there is the potential for confusion or incomplete understanding
of one's legal protections offered by the City. In fact, the ordinance, which is
commonly considered the only protection against housing discrimination, does not
mention race, color, national origin, religion or marital status. However, Sec.
21-11 prohibits discrimination because of race, creed, color or national origin.
In addition, both ordinances require the City to meet the criminal standard of
proof when prosecuting a housing discrimination case. This imposes a substantial
burden of proof that makes successful prosecution more difficult.
Action: The City should consolidate disparate housing discrimination
ordinances and make them substantially equivalent to federal fair housing laws.
Progress: CEDO and the City Attorney's Office have reviewed the
existing ordinances with an eye toward consolidation and making them
substantially equivalent to federal fair housing laws. Since it was decided that
the City would collaborate with the VT HRC, CVOEO and Vermont Center for
Independent Living rather than seek its own funding for fair housing education
and enforcement there has been no progress made to date on this action item.
A regional effort must begin to create long-term, fair share housing and
mobility by and between the cities of Burlington and Winooski and the
surrounding Chittenden County communities.
Action: The City should initiate a dialogue about a regional fair
share housing plan. This could be launched through both the Chittenden County
Regional Planning Commission and the Champlain Initiative. The latter is a
multi-sector collaboration organized to influence the investment of the human
and financial resources of the northeastern shores of Lake Champlain.
Progress: The City initiated dialogue about the need for more
affordable housing on a regional level with local elected officials from
communities surrounding Burlington. As a result, the Chittenden County local
elected officials formally adopted a position paper supporting the inclusion of
fair share housing in the 2000 Chittenden County Regional Plan. In addition,
both the Mayor and CEDO's Assistant Director for Housing served on the
Chittenden County Housing Task Force to develop the framework for "Workforce
Housing Allocation Plan" for the County. The City is an active participant in
the work group that will develop the allocation plan and present it to the CCRPC
for adoption in 2003. In addition, the City has contributed funds to conduct the
Northwest Vermont Housing Needs Assessment to help quantify the projected need
for additional affordable housing units in the region. Through the University of
Vermont's Community Outreach Partnership Center, the City assisted in
researching barriers to creating affordable housing in the suburbs. Once the
barriers were identified, the City worked with UVM to plan and develop
presentations to each municipality's select board and planning commission
explaining the findings and discussing ways to support affordable at the local
level.
Because low-income people are found in greater proportions among people with
disabilities and people of color, land use policies that prevent the
construction of affordable housing have been deemed to have a disparate impact
on protected classes under federal and state fair housing law and have been
overturned or corrected through court-mandated measures. The Mayor's Affordable
Housing Task Force recommended that the Chittenden County Regional Planning
Commission (CCRPC) conduct an analysis of the potential legal implications of
zoning and permitting laws and procedures in Chittenden County, especially with
regard to possible disparate impacts on protected classes under state and
federal fair housing law. In addition, the Task Force backed a Chittenden County
focused fair housing audit of business practices to determine the degree and
extent of fair housing law violations perpetrated against individuals in several
key protected classes.
The Community & Economic Development Office has actively encouraged
affirmative marketing of HOME-funded units. Recipients of HOME funds must try to
provide information to and otherwise attract eligible persons from all racial,
ethnic and gender groups in the housing market area. All correspondence, notices
and advertisements related to HOME funds must contain either the Equal Housing
Opportunity logotype or slogan. Participants in the HOME program are required to
use affirmative fair housing marketing practices in soliciting renters or
buyers, determining their eligibility, and concluding all transactions. In
addition, owners of HOME-assisted housing must comply with the following
procedures:
- Any advertising of vacant units must include the equal housing opportunity
logo or statement. Advertising media may include newspapers, radio,
television, brochures, leaflets or be simply a sign in a window;
- Outreach is expected to community organizations, employment centers,
housing agencies, social service agencies, medical centers, schools and
municipalities;
- Owners must maintain a file containing a record of all marketing efforts,
e.g., copies of newspaper ads, copies of letters, etc.
Page last updated May 13, 2003
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