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Washington County Analysis of Impediments to Fair Housing July 28, 2011 1 of 29

Washington County Analysis of Impediments to Fair Housing (2011)

INTRODUCTION: Relative to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), the Federal Fair Housing Amendments Act of 1988, and the North Carolina State Fair Housing Act, G. S. Chapter 41A, it is unlawful for any persons in a real estate transaction to conduct discriminatory housing practices based upon race, color, sex, religion, national origin, handicapped condition, or familial status. Washington County is committed to the goal that every citizen be offered an opportunity to select the home of his or her choice. Washington County is populated by more than 10,000 persons; therefore as required by the regulations set forth by the N. C. Department of Commerce – Division of Community Investment and Assistance, for recipients of the Small Cities Community Development Block Grant (CDBG) program, the County prepare and submit an Analysis of Impediments to fair housing within the County’s jurisdiction. BACKGROUND: Demographic Data: Census 2010 data was released for North Carolina counties in March 2011. The 2010 Census population for Washington County was 13,228, a 3.6% decrease from the 2000 census data. The population ratio is 14.9% less than the overall population increase for the state at 18.5%. Census 2010 data is unavailable for deducing information specific to AOI at the County level; therefore, the 2005-2009 American Community Survey 5-Year Estimate is the best available data at the scale needed for the AOI. Washington County ACS data indicates a population of: 46% White 49.8% Black or African American 0.2% American Indian 0.3% Asian (1.6%) and 5,350 claiming some other race (18.8%). Hispanic/Latino (of any race) account for 6,992 (24.6%) of the total population. The total elderly population (persons age 62 years +) is 22.4% of the total population of Washington County or (2,963) persons. The median income for a Washington County family based on ACS statistics is $44,497. These numbers are based on 2009 inflation-adjusted estimates. Poverty status for Washington County families with children equated to 21.6% and poverty status for individuals equated to 25.8%. Based upon the ACS, Washington County’s housing tenure is 70.2% owner-occupied and 29.8% renter-occupied. Average size of households of owner-occupied dwellings in Washington County is 2.49 and the average size of households of renter-occupied dwellings is 2.72. Washington County homeowners with mortgages over 30% of their monthly earnings totaled 36.5%, 5% more than North Carolina (31.5%). Renters whose rent exceeds 30% of their gross monthly income in Washington County account for 48.1%, which is 0.2% more than North Carolina (47.9%). As indicated by ACS, 24.3% of Washington County population above 25 did not have a high school education or equivalency. Another point of concern towards impediments includes the number of grandparents that are responsible for their grandchildren. Of those, under 18, who claim their caregiver is their grandparent(s) equates to 2.8% for Washington County. Washington County does not have a large Hispanic community compared to that of the State. The Hispanic population in Washington County only accounts for 3.6% compared to 15.1% for


the State. Map 2 in Appendix D depicts the tracts with the highest concentrations of Hispanic residents. Analysis to Determine Disproportionate Housing Need: According to the ACS 5-Year Estimate, Washington County consists of 4,325 single-family dwelling units and 532 multi-family units. Mobile homes and boats/RV/van(s) accounted for 1,435 units. This data is compared to 2000 census data in which, Washington County consisted of 4,176 single-family dwelling units; 463 multi-family housing complexes; and 1,535 mobile homes and boats/RV/van(s). There are 1,473 occupied rental units; the median rental cost is $510 per month compared to $403 in the 2000 Census. Of those living in owner-occupied units, 61.59% were white, 33.63% were black, and 1.98% were Hispanic. Of those living in renter-occupied housing units, 23.32% were white, 71.15% were black, and 2.57% were Hispanic. ANALYSIS TO DETERMINE THE NATURE AND EXTENT OF DISCRIMINATION Step 1. Analysis of the Level of Segregation and Spatial Isolation: 1. Are there areas of minority concentration within your jurisdiction?

The enclosed map outlines census tracts within Washington County and their percentage of low-moderate income. Due to changes in how income is now determined by the US Census and the American Community Survey, LMI is no longer determined by the number of residents with income below 80% of the median income. Low-moderate income is now determined based upon the ratio of the median income of the census tract to the median income of Washington County. Total Black population for Washington County is 7,189 persons (25.8%) according to the 2009 ACS data. These minority concentrated areas are located in the southern portion of the County.

2. Is your community located in a County that has been identified in Residential

Segregation in North Carolina: a Barrier to African-American Opportunities as highly segregated by both the isolation and dissimilarity indexes? A copy of Residential Segregation in North Carolina: a Barrier to African-American Opportunities was not available in its entirety for review while compiling this report; however, excerpts from the book were evaluated and are quoted for reference: “As long as whites and minorities live in separate neighborhoods, the schools in those neighborhoods will have skewed racial memberships and financial resources. Despite efforts toward integration, many North Carolinians continue to live in segregated neighborhoods. In the average NC county, 74 percent of African-Americans would have to move to achieve the complete integration of neighborhoods.

”

“Government agencies tend to build public housing projects in areas that are cheap and already largely minority. Furthermore, zoning regulations often keep African-Americans or other low-income citizens out of suburban neighborhoods by requiring certain styles of homes or large lots of land for homes.

”

Freeman, Lance. April 1995. Residential Segregation in North Carolina: A Barrier to

African-American Opportunities. Raleigh, NC: The North Carolina Institute of Minority Economic Development.


Washington County has made conscious efforts in providing housing opportunities that are supportive for all income levels without the discrimination of color, race or creed. Applications for assistance under the Community Development Block Grants are ranked and rate on numerous categories including, but not limited to, persons per household, household income, disabilities, presence of children and the extent of services that can be treated under that specific grant imposed by the funding agency. Washington County has taken a proactive approach in integrating the community with all socio and economic factors and will continue to pursue equality for all eligible participants.

Step 2. Historical Incidences that Contribute to Current Housing patterns: 1. History of public policy decisions on segregation within the Community.

Historically, the Washington County economy has been primarily agricultural. There is a major wood processing firm located in Plymouth. There is no discernable pattern of public policy decisions, which would have contributed to the cluster of minority households in a particular area of the County.

2. Number of farms that utilize migrant workers and its effects on housing patterns. The 2007 Agriculture Census indicates that there are 187 farms in Washington County, compared to 193 farms in the 2002 Census. The 2007 Census indicates that there are 5 farm operations that use migrant workers. This number has not increased or decreased since the 2002 Census (Washington County, NASS, 2007 Census of Agricultural; www.nass.usda.gov).

3. Industry contributions to current housing patterns (Ex. Development of mill housing

for blacks and whites):

Like many areas of the south, Washington County had concentrations of low-income housing centered around factories, mills, and other industries utilizing low-skill labor. Pockets of substandard housing exist all over the County. Substandard housing still exists in both traditionally white and black neighborhoods; however, most industrial housing was centered around industry locations due to the lack of transportation. As family incomes and transportation improved over the years, many white families were able to afford to move into suburban developments leaving many minority families to occupy this older, lower-income housing. Washington County’s grant application pool is open to all races and does not discriminate due to race, religion or creed. All eligible applicants are ranked based on a needs assessment. Washington County has experienced an increase in the Hispanic population from the 2000 Census to the 2009 ACS data. The total Hispanic/Latino population in 2000 amounted to 311 persons (2.3%) and was reported to be 473 in 2009, slightly more the 2000 amount. The ACS indicates that 2.89% of the total population in Washington County is linguistically isolated and 100% of those individuals speak Spanish. Based on data present in the EPA’s Environmental Justice EJView Mapper, it appears that most non-English speaking individuals reside within the northern portion of the County.


Step 3. Fair Housing Enforcement 1. Do you have a fair housing ordinance?

Washington County does not have an adopted fair housing ordinance. However, the County does have a fair housing plan in place regarding Washington County CDBG activities. This plan is active and ongoing based on the availability of grant funding and as a qualification of grant conditions, these elements of fair housing are being constantly updated and reviewed on a monthly basis for compliance.

2. What mechanism exists for citizens to file complaints alleging illegal discrimination in programs or services funded by your jurisdiction?

The County has a written Fair Housing Plan and Complaint Procedure (published annually in the local newspaper), which states that persons wishing to file complaints can County Manager for Washington County. The procedure requires that the human resources director acknowledge within ten (10) days receipt of a written complaint and that the County inform the North Carolina Human Relations Commission about the complaint. The County Manager will assist the North Carolina Human Relations Commission in the investigation and reconciliation of all housing discrimination complaints, which are based on events occurring in Washington County.


3. Do you have an Affirmative Marketing Plan?

Washington County has adopted Housing Rehabilitation Guidelines for use in its CDBG project areas. This fluid document is revised accordingly as new regulations and guidelines are imposed by the funding agency.

4. The number of discrimination complaints filed against your jurisdiction within the

past two years and the results of any investigations.

Zero.

5. The number of discrimination complaints filed with North Carolina Human Relations Commission or HUD originating in your Jurisdiction and the results of this investigation: Sally Lind, Manager of Fair Housing Community Relations at NC Human Relations Commission was contacted about the number of complaints filed against Washington County. Ms. Lind reported that Washington County had not received any complaints.

6. Number of findings related to Fair Housing or Equal Opportunity issued against your Jurisdiction and the corrective action taken.

N/A

Step 4. Education and Outreach Efforts: 1. Identify all resources available for the promotion of fair housing and equal opportunity.

Fair Housing materials are distributed in government offices, through ads placed in The Fair Housing materials obtained from the NC Human Resources Commission are posted in government offices.

2. How are citizens made aware of these activities?

Fair housing posters and pamphlets are posted in each of the above locations. Fair Housing posters have periodically been handed out to local businesses that are frequented by low-income, minority persons. Notices of the County’s Fair Housing Plan and complaint procedure are published in The Roanoke Beacon.

3. List all such activities during the past two years. What were the results of these

activities?

Washington County has made educational materials relative to fair housing available at public places. A fair housing discrimination complaint procedure is annually published in The

Roanoke Beacon. The existing mailing list of housing related industries has been updated. Updated Fair housing pamphlets and posters have been obtained from the NC Human Relations Commission and are posted at County Administrative Office and in the County library. Posters have also been delivered to grocery stores, convenience stores, and laundromats located in or near low- and moderate-income areas.


Step 5. Examination of Public Policy and Programs 1. Do current site selection policies have a disproportionate impact based upon a

protected basis? If so, is there a nondiscriminatory reason for this policy and is there an alternative that would have a less discriminatory impact?

Site selection policies do not have a disproportionate impact based upon protected class status. Selection of sites for housing grant applications has been made based on extensive windshield surveys of low income areas and advertisement for and receipt of housing assistance applications.

2. Are municipal services equitably distributed throughout the community?

Every effort is made to provide all county services on an equitable basis to all citizens throughout the County.

3. Are there any zoning requirements that have the effect of limiting housing

opportunities to protected groups?

Washington County zoning map is shown in Appendix D – Map 3. Most of the County is zoned residential, except for those areas that are marked as commercial/industrial and the incorporated and extraterritorial planning jurisdictions for the three municipalities: Creswell, Plymouth, and Roper. The zoning requirements do not have an effect of limiting housing opportunities to protected groups. Single-family, multi-family, and mobile home units are all allowed within areas that are zoned residential, but not in other areas. Single-family detached is the predominant form of housing in Washington County, accounting for over seventy percent of the housing stock.

4. Are there any Community Development or Public Housing Authority activities or

programs that have the effect of perpetuating segregation?

CDBG programs have rehabilitated houses throughout the County. Low income neighborhoods, with or without minority concentration, have been targeted. These programs have not intentionally served to perpetuate segregation, but by rehabilitating homes which are located in the County’s existing low income and/or minority concentrated neighborhoods, integration may have been slowed.

5. Are the Boards and Commissions representative of the Community?

The Board of Commissioners for Washington County has five members. Three are male and two are female. Three are white and two are black. The current chair is an African-American female.

Step 6. Discrimination in the Rental Market 1. Are there any zoning requirements that have the effect of limiting the availability of

rental units within the jurisdiction?

No. The zoning in Washington County limits where residential areas are located, but not what types of housing are located in those areas or the number of housing units.


2. Where are rental units located? Are they located in areas of minority concentration?

Rental units are located throughout the three towns in Washington County: Roper, Creswell, and Plymouth. Rental units are often located in identified areas of minority concentration and in low-income neighborhoods, as property prices are lower and investment in rental property is more prevalent in these areas.

3. Where are the public housing units located?

Public housing units are located in and around the incorporated municipalities where public water and sewer are available.

4. Determine what barriers exist for protected class members in the rental market.

A shortage of rental units is the primary barrier. According to 2009 ACS data, there is a large difference in median income for owner-occupied units and renter-occupied units. The median family income for an owner-occupied unit in Washington County is $47,038 and the median family income for renter-occupied units is $11,085. This is affected by the difference in quantity of single-family detached units (4,325) and multi-family units (532). Besides income, there are various barriers for those in the rental market. For families with children, a lack of affordable three or more bedroom units is a barrier. For persons with disabilities, a shortage of accessible units is a barrier. However, according to Washington County housing providers, the greatest need in Washington County is for 2-bedroom units and more affordable rents for all size units.

5. Are vouchers and Section 8 certificate holders able to find housing throughout the

community? If not, identify the barriers that face them. Those holding vouchers and Section 8 certificates do have some choices for housing in Washington County, but not many. The local public housing authority, located in Plymouth, does not handle Section 8 vouchers. Also, there is in Washington County, as in many communities, a lack of interest in participating in the Section 8 program. Many landlords are unwilling to work with the program. Various meetings have been held throughout the area for landlords/property owners/leasing agents to meet with the Section 8 staff and discuss the program. Landlords expressed their concerns that the Section 8 administrators are now able to deny certificates to persons with a history of causing damage. As a result, new landlords are entering the program. Section 8 staff state that more rental units are still needed.

6. Is steering an issue for protected class members?

There is little evidence of steering (i.e., limited number of complaints filed with the NC Human Relations Commission). Realtors in the Washington County area rarely work in the rental market unless they have a direct interest in the properties.

7. Is housing available for families with children and persons with disabilities?

ACS 5-year estimate data is not available for the 2005-2009 data set due to changes in the disability questions in 2008. The 2000 Census was consulted and it is estimated that 19.3% of children 5 years and younger are disabled and 18.6% of the population 16 to 64 years of age are disabled. As sated above, there is a need for more 2-bedroom rental units. There are both family low-income subsidized units as well as disabled low-income subsidized units available in the County.


More rental units are being built and older units are being retrofitted to accommodate persons with disabilities. An older house or apartment built prior to the Fair Housing Act Amendment of 1988 will not necessarily be handicapped-accessible. According to the Fair Housing Act of 1988, multifamily units built for first occupancy on or after March 1, 1991 must be designed so the dwelling can be adapted for use by a person with a disability. The burden of paying for necessary adaptations falls onto the person with the disability. The requirements of the Fair Housing Act are civil rights and are not enforced by local building inspections departments. Those departments are not charged with the responsibility of enforcing fair housing. A lack of knowledge about the Act and the needs of disabled persons by builders, developers, designers, and landlords is a barrier to increasing the supply of accessible units in the County; however, as stated earlier in this document, the number of handicapped-accessible units is not currently a problem within Washington County. Under the CDBG and HOME program grants the County has received, homes occupied by the disabled are made handicapped-accessible to the greatest extent practicable during rehabilitation.

Step 7. Discrimination in the Sales Market 1. Does the Local Association of Realtors have a MLS Service?

Yes.

2. Is the Local Association of Realtors a VAMA signatory?

No. 3. Is there any evidence of racial steering or blockbusting within the local market?

No.

4. What are the relative housing values for minority and non-minority communities of similar economic composition?

The 2009 American Community Survey data suggests that there is not a large difference in housing values for minority and non-minority communities in Washington County. The median value for a home for whites in Washington County is $76,000 and the median value for a home for black families is $62,500. Due to the small population, ACS housing data was not available for the Hispanic community alone.

5. Can nondiscriminatory reasons for these differences be identified? If yes, list them.

The major nondiscriminatory reason for the minority census tracts having lower property values is that the homes are older and smaller. The lots are often small and not as desirable to homebuyers. This can be attributed to these older neighborhoods being established prior to planning, zoning, and subdivision requirements.

6. Identify any barriers to homeownership opportunities within your jurisdiction.

Lack of knowledge of the home buying process is a major barrier. This knowledge includes the actual process of applying for a loan, maintaining good credit, selecting a home, home maintenance, and financial responsibility for owning a home. Another barrier is the difference in median incomes between homeowners and renters in Washington County. The median family income for an owner-occupied unit in Washington County is $47,038 and the median family income for renter-occupied units is $11,085. Many


renters are not able to handle a mortgage and those that can meet another barrier with the lack of financial assistance for low and moderate income homebuyers. Many persons have adequate credit and are able to make mortgage payments, but simply need assistance with the down payment. Persons with disabilities may encounter additional barriers when seeking to purchase a home. Few homes can be entered by a person in a wheelchair. Another is the process of adapting a home to meet the needs of a disabled person. Adaptations can be costly depending on the home and the needs of the person. One relief for those making adaptations to homes for persons with disabilities is that tax credits are available for the property owners. This information needs to be provided to potential homebuyers. Some racial steering may occur within the County, however, this does not occur with all real estate agents. Based on the lack of complaints filed with the North Carolina Human Relations Commission, it is impossible to quantify or determine the actual extent of steering.

Step 8. Discrimination in Financing 1. Are local lenders signatories of HUD’s Best Practices Program?

Numerous banks and lending institutions have branches in Washington County. Phone calls to these institutions regarding information on HUD’s Best Practices Program were not returned. Contact with First Citizens in other counties indicates that it is a signatory.

2. Examine the Home Mortgage Disclosure Act information in your area. Is there evidence of higher denial rates for minorities and low-income individuals?

Information is not available from the Home Mortgage Disclosure Act for Washington County. The information is only available for Metropolitan Statistical Areas (MSAs) and Washington County is not associated with a MSA in North Carolina. The Community Reinvestment Act does provide aggregate tables by Washington County, but only examines the originations of small business loans. This can be seen in Appendix C. The table shows that most small business loans were from those with middle income and were less than $100,000.

3. Is there evidence of illegal redlining?

Unknown. 4. Are banking services available on an equal opportunity basis?

Banks and their branches are located throughout the County, primarily in the larger incorporated municipalities of Washington County. Not every branch has a loan officer, but each branch can accept loan payments. A trend in the area is the rise of non-traditional banking services offered by mortgage corporations, check cashing businesses and pawn shops. As banks increase their service costs, lower income persons are opting to manage their banking needs through these new types of cash management businesses. The overall costs of these types of businesses are more expensive, yet they are often more willing to work with lower income clients than banks.


5. Examine the Community Needs Assessments and Community Reinvestment Activities

of local Banks to determine the adequacy of these activities as compared to community needs as determined through the jurisdiction’s planning process. Banks in Washington County are participating with a HOME Program down payment assistance program. Homeownership has been identified as a major need in the area.

6. Do local financial institutions participate in housing projects or in the funding of housing related Services sponsored by your jurisdiction? Yes (see above).

Step 9. Discrimination in the Building and Construction Industry.

1. Do local building codes include the requirements of the Federal Fair Housing Act of 1988?

No. Washington County provides building inspections services for the County and Towns. The County has adopted the State of North Carolina Building Codes. By adopting the Fair Housing Act of 1998, the building inspections departments would be placed in the position of enforcing fair housing laws, which is seen not as a technical building code but a civil rights function.

2. If not, how are local builders and architects made aware of these requirements?

The local homebuilders association reports that it receives fair housing and accessibility information directly from HUD. The Homebuilders Association then makes the materials available as needed.

3. How many multifamily dwellings funded by local, state, or federal funds have been

built since March, 1991?

According to building permit data, there were zero permits for multifamily units constructed with private funds between 2001 and 2011 (http://socds.huduser.org/permits. Recently, developers have looked at locating multi-family apartments in areas of Washington County, such as Plymouth, using CDBG funds for water and sewer improvements. Applications were not submitted, but the use of state and federal funds for construction of multifamily dwellings are becoming more viable within the County.

4. Are they in compliance with FFHA requirements? ADA requirements? Section

504?

N/A

5. Is the local Homebuilders Association a VAMA signatory?

The local homebuilders association chapter is not a VAMA signatory. The National Homebuilders Association is a signatory which covers local chapters.

6. Is there an identified community need for housing for persons with disabilities?

Yes.


7. Is there an identified community need for the construction of more affordable housing?

Yes.

Step 10. Environmental Discrimination 1. Identify the location of hazardous materials within the community. Are they located

disproportionately in areas of minority or low-income concentration? Hazardous material sites in Washington County were those identified as sites reporting to the EPA for hazardous waste, air emissions, water dischargers, toxic releases, Superfund site, and Brownfields. The map below shows those sites reporting to the EPA in Washington County with a minority percent by census tract overlay.


As evidenced by the map, these sites are scattered throughout the County. The census tract with the highest percentage of minority residents is shown with a dark brown color. This tract does have a higher concentration of sites than the County as a whole. This is due to the fact that the census tract in the southern portion of the County does not contain any towns and is largely farmland and wetlands. A list of these sites is attached in Appendix A and B.

2. Identify any superfund sites within your jurisdiction. Are they located

disproportionately in areas of minority or low-income concentration?

There are two superfund sites located within Washington County. Both are located in Plymouth. The median family income for that census tract is 75% of the median family income for the County as a whole and has 62% minority.

3. Identify any site selection policies or procedures that may contribute to the

concentration of Environmental hazards in minority or low-income areas. There are not any site selection policies are procedures that contribute to the concentration of environmental hazards in minority or low-income areas.

4. Identify any local, State or Federal efforts to remove environmental hazards.

County operates environmental services within the unincorporated areas of the County. To eliminate hazards of contaminated wells, failing septic tanks, and areas of undersized lines, the County administers grant funds from state and federal government to extend and upgrade water services.

5. What barriers exist to the removal of environmental hazards from the community?

Lack of funding to address residents’ public water and sewer needs is a major barrier as is balancing economic development and job creation versus environmental concerns.

BARRIERS TO EQUAL HOUSING OPPORTUNITIES 1. Affordable Housing Stock – Affording a home, whether rental or owned, is a barrier to

housing choices for minority, disabled, and low-moderate income households 2. Availability of Rental Units – There is a lack of rental units for large families and persons

with disabilities. There are not enough two-bedroom units, handicapped accessible units, or affordable rents.

3. Homebuyer Education Services

It has been determined that persons wishing to purchase a home for the first time are often uneducated in the process and do not understand all of the steps or terms. Many lending institutions do no have staff to conduct education services and only provide mortgage loan applicants a handbook to read and a questionnaire to complete. A more personal touch is needed to provide education of the home purchase process and conduct credit counseling.


Washington County Analysis of Impediments 2011

Attachments

Attachment A – Hazardous Operations Sites Attachment B – Superfund Sites Attachment C – Financing in Washington County Attachment D – Maps

� Low-Moderate Income and Minority Population Map

� Hispanic Population Map


Attachment A – Hazardous Operations Sites


Appendix B – Superfund Sites


Appendix C - Financing in Washington County


Appendix D – Maps

� Low-Moderate Income and Minority Population Map

� Hispanic Population Map

� Washington County Zoning Map

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Washington County

Analysis of Impediments to Fair Housing (2011)

The Washington County Analysis of Impediments to Fair Housing is approved and submitted by Washington County. The County will use this analysis to guide CDBG fair housing for the next five years. SUBMITTED AND APPROVED BY: Washington County

__________________________________ Tracey A. Johnson, Chair ____________________________ Date

washington county analysis of impediments to fair … · relative to title viii of the civil rights...

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