R-2012-153-2012-11-12 RESOLUTION NO. R2012-153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING THE CITY'S 2012-2016 ANALYSIS OF
IMPEDIMENTS TO FAIR HOUSING AND AUTHORIZING SUBMISSION TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City Council hereby approves the City's 2012-2016 Analysis
of Impediments to Fair Housing and authorizes submission of the same to the U.S.
Department of Housing and Urban Development.
PASSED, APPROVED and ADOPTED this the 12th day of November, A.D., 2012.
TOM REID
MAYOR
ATTEST:
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APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
City of Pearland, Texas
PY2012 Fair Housing Plan
Including
Analysis of Impediments to Fair Housing Choice
introduction and latent
It is the mission of the U.S. Housing and Urban Development (HUD) to promote non-
discrimination and ensure fair and equal housing opportunities for all people. In an
ongoing effort to provide services and activities on a nondiscriminatory manner and
to affirmatively further fair housing, HUD is charged by law with implementing and
enforcing a wide array of civil rights laws, not only for members of the public in
search of fair housing, but also for HUD-funded grant recipients. HUD is also charged
with ensuring the successful operation of specific housing programs. The compilation
of several laws, executive orders and regulations are collectively known as Civil
Rights Related Program Requirements (CRRPRs), and include the Fair Housing Act
and the Civil Rights Act, among other legislation to protect each individual's right to
fair housing and equal opportunity. HUD-funded grant recipients, lenders, sellers,
landlords and housing insurers are obligated under the various CRRPRs not to
discriminate in housing or services, directly or indirectly, on the basis of race, color,
religion, sex, national origin, age, familial status, or disability. Any individual
or family who are racial, ethnic, religious minorities or are disabled, female, elderly
or with children are defined as within the "protected classes" covered by the Fair
Housing Act and CRRPRs.
All Entitlement Communities, receiving at least HUD Community Development Block
Grant funds, must, by Federal law, certify that the fund recipient is affirmatively
furthering fair housing. The jurisdiction must develop an Analysis of Impediments to
Fair Housing Choice (Analysis of Impediments or AI) and its complementary Fair
Housing Plan (FHP). The Analysis of Impediments and Fair Housing Plan are to cover
the geographic and political jurisdiction of the Entitlement Community and are
combined to be an ancillary document to the multi-year Consolidated Plan for the
use of HUD funds.
The City of Pearland is an Entitlement Community, receiving Community
Development Block Grant funds from HUD each year. Therefore, it is obligated to
develop an Analysis of Impediments and a Fair Housing Plan that covers the city
limits of Pearland. In order to develop a Fair Housing Plan, the jurisdiction must
develop an Analysis of Impediments to Fair Housing Choice that involves and
addresses housing concerns of the entire community.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 1
The document consists of the Analysis of Impediments to Fair Housing Choice and
the resultant Fair Housing Plan, which details the proposed actions to overcome the
effects of identified impediments.
In 2012, HUD expanded the definition of "protected classes" that fall under the Fair
Housing Act. The Act prohibits the discrimination in housing or services, directly or
indirectly, on the basis of race, color, religion, sex, national origin, age, familial
status, or disability. The Act has defined "familial status" as families with children
and large families. In 2012, HUD ruled that providers receiving HUD funding, having
loans insured by the Federal Housing Administration (FHA) as well as lenders insured
by FHA are subject to HUD regulations intended to ensure equal access of Lesbian,
Gay, Bisexual and Transgender (LGBT) persons. The final Equal Access to Housing
Programs Regardless of Sexual Orientation or Gender Identity rule expanding the
definition of protected classes became effective March 5, 2012.
In addition to actions to reduce or eliminate housing discrimination of protected
classes, HUD has determined that affirmatively furthering fair housing includes
alleviating the concentrations of minorities and low-income housing throughout the
jurisdiction. A number of lawsuits have been filed recently around the country
regarding violations to the Fair Housing Act. The most notable one was filed against
Westchester County in New York. The claim was that the county as a whole did
provide affordable housing options to residents; however, several of the
predominately white and middle- to upper middle-income cities were not
participating in allowing affordable housing in their jurisdictions. The result of the
lawsuit was that there must be desegregation of housing and a deconcentration of
minority and low-income housing with the requirement that all localities participate
and allow programs such as Low Income Housing Tax Credit properties.
The City of Pearland must set in place recommended actions that will alleviate
concentrations of low-income and minorities as well as ensure that no neighborhoods
within the city limits impede fair housing choice. Additionally, the City must set in
place recommended actions to allow protected classes access to move to better
opportunities and to provide equal access to and equal quality of public amenities.
Below is a schematic of the areas to be analyzed for impediments to fair housing
choice and to be addressed in the FHP.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 2
Figure 1 — Focus of the City of Pearland's AI and FHP
City of Pearland
AI/FHP
Public Sector Private Sector
Impediments Impediments
Housing Community Housing Community
I
The figure below summarizes the factors influencing and driving the City of
Pearland's Analysis of Impediments and Fair Housing Plan:
City of Pearland, Texas PY 2012 Fair Housing Plan Page 3
Figure 2 - Influences Driving AI & FHP
Federal Laws
& Regulations
State of Texas
1 ,
Review of
Conciliation
Agreement & existing data
g & conditions
- II :\ iilik1/4.—
(Pearland's
AI/FHP )
It is the intent of the City of Pearland to comply with all federal, state and local laws
regarding fair housing choice and civil rights as well as to develop a set of strategies
to ensure that all residents of the City are given an equal opportunity to access the
housing of their choice. To this end, the City has reviewed the most current data
available, surveyed key stakeholders, worked with the Houston Field Office of HUD,
and reviewed the State's Conciliation Agreement and Analysis of Impediments.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 4
Explanation of Data
A variety of data have been used in the development of the Analysis of Impediments,
including Census data, secondary nationally recognized data, local data and the
results of stakeholder surveys.
Census Data: After 2000, the Census Bureau opted to provide inter-censual data
by developing a sample survey of households throughout the United States.
Beginning in 2001, the Census Bureau began conducting sample surveys of
households to determine mid-decade changes. Also, beginning in 2010, the
decennial census no longer includes the detailed sample surveys about income,
employment, education, household structure, and the like. Only information on total
population by race/ethnicity, age and citizenship was gathered through the 2010
Census. All economic and detailed demographic information must come from the
sample surveys conducted throughout the decade.
In order to assemble a large enough sample to produce valid results, the Census
Bureau conducts monthly non-duplicating surveys and averages the results over
time. The time-frame for the averages depends on the size of the community.
Cities the size of Pearland are averaged over a 36-month, or 3-year, period of time.
Therefore, the most recent city-wide totals available are based on sample surveys
conducted from January 2008 through December 2010.
For small area estimates, such as census tracts, block groups or zip codes, 5-year
averages are conducted, with the latest release of these small area estimates for
2006 through 2010. As with the city-wide estimates, these small-area/neighborhood
estimates are based in part on survey results from months prior to Hurricane Ike and
in part on post-Ike results. However, the Census data are the required data for
demographics for use by HUD and other federal agencies. Therefore, they form the
basis of demographic information for this Analysis of Impediments.
In addition, HUD works with the Census Bureau in providing Comprehensive Housing
Affordability Strategy (CHAS) data at the census tract level. CHAS data detail the
households by tenure, income and race/ethnicity that have a housing cost burden or
other housing problems such as overcrowding. The latest available CHAS data are
from the 2005-2009 ACS. The 2008-2010 and 2006-2010 American Community
Survey data have been folded into the latest CHAS data and the CHAS files have
been used in the Analysis of Impediments.
Home Mortgage Disclosure Act Data: In 1975, the federal government enacted
laws regarding the reporting of information by financial institutions. The Federal
Financial Institutions Examining Council (FFIEC) requires all lending institutions to
report on every home mortgage application with information about the demographics
of the applicant and the disposition of the loan. The applicant-level data for 2010
City of Pearland, Texas PY 2012 Fair Housing Plan Page 5
home mortgages in the City of Pearland have been reviewed and the results are
included in this AI.
Local Data: City-wide and small area data used for this Analysis of Impediments
include the Census and CHAS data outlined above, current data on rental properties,
foreclosures and housing sales, and information from Brazoria County regarding
Section 8 Housing Choice Vouchers and other subsidized housing.
Stakeholder Surveys: The City provided surveys on-line and via email and
telephone calls to the stakeholders in the community. All recipients were
encouraged to share the surveys with other interested parties. The results of the
surveys were aggregated and analyzed with every response accepted and reviewed.
Specific issues that were mentioned were investigated and addressed.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 6
Summary of the fir Housing Act
The Fair Housing Act was passed by the United States and signed into law in 1968.
The U.S. Department of Housing and Urban Development is responsible for enforcing
the Act. In summary, the Act prohibits the following:
In the Sale and Rental of Housing: No one may take any of the following actions
based on race, color, national origin, religion, sex, familial status or handicap:
• Refuse to rent or sell housing
• Refuse to negotiate for housing
• Make housing unavailable
• Deny a dwelling
• Set different terms, conditions or privileges for sale or rental of a dwelling
• Provide different housing services or facilities
• Falsely deny that housing is available for inspection, sale, or rental
• Persuade owners to sell or rent through coercion or manipulation
(blockbusting) or
• Deny anyone access to or membership in a facility or service (such as a
multiple listing service) related to the sale or rental of housing.
In Mortgage Lending: No one may take any of the following actions based on race,
color, national origin, religion, sex, familial status or handicap (disability):
• Refuse to make a mortgage loan
• Refuse to provide information regarding loans
• Impose different terms or conditions on a loan, such as different interest rates,
points, or fees
• Discriminate in appraising property
• Refuse to purchase a loan or
• Set different terms or conditions for purchasing a loan.
In Addition: No one may:
• Threaten, coerce, intimidate or interfere with anyone exercising a fair housing
right or assisting others who exercise that right
• Advertise or make any statement that indicates a limitation or preference
based on race, color, national origin, religion, sex, familial status, or
handicap. This prohibition against discriminatory advertising applies to single-
family and owner-occupied housing that is otherwise exempt from the Fair
Housing Act.
Additional Protection for those with a disability: A landlord may not:
• Refuse to let a disabled tenant make reasonable modifications to his/her
dwelling or common use areas, at the tenant's expense, if the modifications
are necessary for the disabled person to use the housing. (Where reasonable,
the landlord may permit changes only if the tenant agrees to restore the
property to its original condition when the tenant vacates the property.)
City of Pearland, Texas PY 2012 Fair Housing Plan Page 7
• Refuse to make reasonable accommodations in rules, policies, practices or
services if they are necessary for the disabled person to use the housing.
Example: A building with a "no pets" policy must allow a visually impaired
tenant to keep a guide dog.
Example: An apartment complex that offers tenants ample, unassigned
parking must honor a request from a mobility-impaired tenant for a reserved
space near her apartment if necessary to assure that she can have access to
her apartment.
This applies for someone who:
• Has a physical or mental disability (including hearing, mobility and visual
impairments, chronic alcoholism, chronic mental illness, AIDS, AIDS Related
Complex and mental retardation) that substantially limits one or more major
life activities
• Has a record of such a disability or
• Is regarded as having such a disability.
However, housing need not be made available to a person who is a direct threat to
the health or safety of others or who currently uses illegal drugs.
Requirements for New Buildings: In buildings ready for first occupancy after
March 13, 1991, and have an elevator and have four or more units:
• Public and common areas must be accessible to persons with disabilities
• Doors and hallways must be wide enough for wheelchairs
• All units must have:
o An accessible route into and through the unit
o Accessible light switches, electrical outlets, thermostats and other
environmental controls
o Reinforced bathroom walls to allow later installation of grab bars and
o Kitchens and bathrooms that can be used by people in wheelchairs.
If a building with four or more units has no elevator and became/will
become ready for first occupancy after March 13, 1991, these standards
apply to ground floor units.
These requirements for new buildings do not replace any more stringent
standards in State or local law.
Housing Opportunities for Families: Unless a building or community qualifies as
housing for older persons, it may not discriminate based on familial status. That is, it
may not discriminate against families in which one or more children under 18 years
of age live with:
• A parent
• A person who has legal custody of the child or children or
• The designee of the parent or legal custodian, with the parent or custodian's
written permission.
Familial status protection also applies to pregnant women and anyone
securing legal custody of a child who is under the age of 18.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 8
Exemption: Housing for older persons is exempt from the prohibition against familial
status discrimination if:
• The HUD Secretary has determined that it is specifically designed for and
occupied by elderly persons under a Federal, State or local government
program or
• It is occupied solely by persons who are 62 years of age or older or
• It houses at least one person who is 55 years of age or older in at least 80
percent of the occupied units, and adheres to a policy that demonstrates an
intent to house persons who are 55 years or older.
A transition period permits residents on or before September 13, 1988, to
continue living in the housing, regardless of their age, without interfering with
the exemption.
Housing Opportunities for LGBT Persons: In 2012, HUD finalized its rule
regarding protection in housing and services for lesbian, gay, bisexual and
transgender individuals and families. At this time the prohibition to discriminate
based on sexual orientation or gender identity applies to any entity receiving HUD
funding or participating in FHA mortgages.
A copy of the current Housing Discrimination Complaint Form is included in the
appendix of this document and can be downloaded from the HUD website at
http://www.hud.gov/complaints/housediscrim.cfm.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 9
Special Issues Regarding Pair Housing
Disaster Recovery: Disasters like Hurricane Ike that struck the Gulf Coast in 2008
threaten the very fabric of a community, aggravating any existing conditions and
underlying concerns. In the wake of Ike as the State of Texas began receiving
CDBG-based Disaster Recovery funds, two non-profit advocacy groups - Low Income
Housing Information Service and Texas Appleseed - sued the State over its Fair
Housing Plan and Analysis of Impediments. As a result, a Conciliation Agreement
among the State, HUD and the advocates was developed and a much more rigorous
approach to affirmatively furthering fair housing was mandated for the State of
Texas and its cities and counties. The FY 2005 Annual Report on Fair Housing by the
U.S. Department of HUD stated the following regarding the special situations/issues
and solutions brought about by Hurricanes Katrina and Rita that now must be
examined in the wake of Hurricane Ike and future natural disasters:
"In the fall of 2005, HUD came to the aid of the hundreds of thousands
of Gulf Coast residents displaced by Hurricanes Katrina and Rita.
HUD's participation in the recovery effort included deploying staff to
the region to ensure that unlawful discrimination did not prevent
displaced individuals from finding appropriate temporary or permanent
housing. To do this, HUD conducted education and outreach and
intervened on behalf of people facing discrimination to help them
obtain housing immediately. For example, HUD staff helped make a
mobile home community open to families with children after receiving
a complaint that the park was unlawfully excluding them.
In the months following the storms, HUD and organizations that HUD
funds through the Fair Housing Initiatives Program (FHIP) encouraged
displaced individuals throughout the country to report discrimination to
HUD or state and local government agencies under the Fair Housing
Assistance Program (FHAP). HUD and FHIP groups appeared on radio
shows, placed billboard and newspaper ads, and launched a
nationwide advertising campaign to inform evacuees of their fair
housing rights and how to file a housing discrimination complaint. HUD
and FHIP personnel also distributed fair housing flyers at Federal
Emergency Management Agency (FEMA) Disaster Recovery Centers
(DRC) and shelters and answered questions from DRC and shelter
workers and displaced individuals on housing discrimination.
The massive number of displaced individuals led to HUD efforts to
expand the number of temporary and permanent housing
opportunities. HUD opened up thousands of housing opportunities for
those left homeless by the hurricanes by modifying its policy for senior
housing developments. On November 14, 2005, HUD issued guidance
that allowed thousands of senior housing developments throughout the
City of Pearland, Texas PY 2012 Fair Housing Plan Page 10
country to make housing available to evacuees from Hurricanes
Katrina and Rita who are under the age of 55 and retain the
developments' privilege under the Fair Housing Act to otherwise
restrict housing to older persons. HUD expects this exemption to help
alleviate the housing crunch in areas of the country where a large
number of individuals displaced by the hurricanes have relocated.
HUD also helped increase temporary housing opportunities for persons
with disabilities who were displaced by the hurricanes. HUD met with
FEMA representatives and other government officials to educate them
on federal accessibility requirements and the kinds of modifications
needed to make trailers accessible for persons with mobility
impairments. As a result, FEMA agreed to make at least 14 percent of
manufactured housing accessible to persons with disabilities by
installing a ramp or making other reasonable modifications.
In addition, HUD is helping to make sure that persons with disabilities
are able to return to the region by taking steps to ensure that
apartment and condominium buildings that were destroyed by the
hurricanes are rebuilt in a manner that is accessible to persons with
disabilities. In November 2005, the HUD-funded Fair Housing
Accessibility FIRST program trained approximately 60 architects,
builders, state code officials, and FEMA representatives in the Gulf
Coast region on the accessibility requirements of the Fair Housing Act.
The Department of Justice joined the sessions, providing training on
the accessibility requirements under Section 504 of the Rehabilitation
Act for federally funded housing."
Various social and economic factors increase an individual's vulnerability to the
effects of disasters. Texas A&M University has been studying the spatial patterns of
social vulnerability and a community's ability to anticipate, respond to, and recover
from a natural disaster such as Hurricane Ike. Shannon Van Zandt et al. stated in
"Mapping social vulnerability to enhance housing and neighborhood resilience" that
natural disasters are not "equal opportunity events - they affect different groups in
different ways." It is vital that communities recognize the disparities among social
groups in their levels of vulnerability and resilience to disasters.
Mortgage Discrimination: The Urban Institute has published the results of its
research into mortgage lending discrimination. From their Mortgage Lending
Discrimination: A Review of the Existing Evidence (1999) that addresses two major
aspects of lending discrimination: individual access to mortgages based on race,
ethnicity, national origin or other individual identifiers; and access to mortgages
based on the location of the prospective property. The report on pages 2-4
describes the individual discrimination that can be subtle or overt:
City of Pearland, Texas PY 2012 Fair Housing Plan Page 11
"Not all Americans, however, enjoy equal access to the benefits of
homeownership. Federal law prohibits discrimination in the home buying
process, mandating that all would-be homebuyers must be treated
equally by real estate agents, lenders, appraisers, and insurance
brokers. However, existing enforcement mechanisms may not be
effective enough to guarantee equal treatment or equitable results.
Indeed, research clearly shows that minorities still face substantial
discrimination in the process of looking for a home to buy (or rent).
Many people believe that minorities also face discrimination when they try
to obtain a mortgage—a necessity for most Americans wanting to buy a
home. There is no question that minorities are less likely than whites to
obtain mortgage financing and that, if successful, they receive less
generous loan amounts and terms. But whether these differences are the
result of discrimination—rather than the inevitable result of objectively
lower creditworthiness—is the subject of a raging debate. The problem is
not that analysts or practitioners have ignored the question of
discrimination in mortgage lending. Many research and investigative
studies have addressed certain facets of it, using different data sets and
analytic techniques to study various outcomes. The problem is that
these studies have not produced a clear consensus on a set of
conclusions."
"Differential treatment discrimination occurs when equally qualified indi-
viduals are treated differently due to their race or ethnicity. In
mortgage lending, differential treatment might mean that minority
applicants are more likely than whites to be discouraged from applying
for a loan, to have their loan application rejected, or to receive
unfavorable loan terms—even after characteristics of the applicant,
property, and loan request that affect creditworthiness are taken into
account. A finding of differential treatment discrimination means that
minorities receive less favorable treatment from a given lender than
majority applicants with the same credit-related characteristics (as
observable by the lender).
Disparate impact discrimination occurs when a lending policy, which may
appear to be color blind in the way it treats mortgage loan applicants,
disqualifies a larger share of minorities than whites but cannot be justified
as a business necessity. A widely cited example is the policy of minimum
mortgage loan amounts—setting a dollar limit below which a lending
institution will not issue mortgages. More minorities than whites will be
adversely affected by any given loan cutoff because—on average—
minorities have lower incomes than whites and can only afford less costly
houses. Policies such as minimum loan amounts, which
disproportionately affect minorities, are illegal unless they serve an
explicit business necessity. If these policies do not accurately reflect
City of Pearland, Texas PY 2012 Fair Housing Plan Page 12
creditworthiness, or if they could be replaced by policies serving the
same business purpose with a less disproportionate effect on minorities,
then they are deemed under federal law to be discriminatory."
The Urban Institute report also describes its investigations into discrimination
based on location. Redlining is also a form of discrimination. In general,
discrimination involves the differential treatment of an individual based on
race, ethnicity, national origin, or other characteristics. Redlining is a form of
discrimination based on location of the property. One form of redlining occurs
when loans are denied when individuals apply to purchase a home in a minority
neighborhood rather than a majority-white neighborhood. This is illegal by the
Equal Credit Opportunity Act of 1974. Another form of redlining occurs when a
predominately minority neighborhood receives a smaller share of the mortgage
funds than comparable majority-white neighborhoods. The Community
Reinvestment Act of 1977 makes this practice illegal.
Subprime Lending: A major national concern that arose in the 1990s is subprime
lending. As early as 1998, HUD identified the disparities in subprime lending. In its
report Subprime Lending Report—Unequal Burden: Income and Racial Disparities in
Subprime Lending, the findings outlined were:
"[T]here are two sides to this story. Since subprime lending often
operates outside of the federal regulatory structure, it is a fertile
ground for predatory lending activities, such as excessive fees, the
imposition of single premium credit life insurance and prepayment
penalties. The recent acceleration in predatory lending activity has
accompanied the growth in subprime lending over the past decade.
And predatory lending can have disastrous consequences for the
unknowing borrower. At the very least, equity is stripped from the
home. In more egregious cases, homeowners may lose their home
altogether.
Prime lenders have made significant efforts and, indeed, significant
progress in reaching historically-underserved markets and
communities. However, based on disproportionate concentration, there
is still much work to be done in both the primary and secondary
markets.
Our analysis has led us to four fundamental conclusions:
• First, there has been a monumental growth in subprime lending
since 1993, suggesting that a significant number of Americans
need greater access to the prime lending market.
• Second, based on the disproportionate percentage of subprime
loans in low and very-low income neighborhoods, there are
City of Pearland, Texas PY 2012 Fair Housing Plan Page 13
significant potential benefits to increasing access to prime
lending for these communities and families.
• Third, based on the disproportionate percentage of subprime
loans in African-American neighborhoods, there needs to be
much greater attention focused on how to continue to increase
access to prime lending markets for these communities and
families.
• Fourth, based on the disproportionate percentage of subprime
loans held by homeowners in high income black neighborhoods,
these borrowers need greater access to the prime lending
market."
Foreclosure Discrimination: The National Fair Housing Alliance indicates
that there is not only discrimination in the rates of foreclosures by minorities
but that Real Estate Owned properties (foreclosed properties owned by
mortgage companies) in minority and lower-income neighborhoods are less
maintained than those in higher-income white communities. This disparity in
property maintenance results in lowered property values in the lower-income
areas.
Rental Discrimination: Just as lending practices may be individually or locationally
discriminatory, rental practices can fall into these two classifications. Landlords may
be discriminating against individuals due to their race, ethnicity, color, gender,
national origin, age or disability. Landlords may discriminate due to the prospective
tenant's source of income. Neighborhoods and municipalities may discriminate
against developers of low- to moderate-income housing, prohibiting them within
certain areas.
Discrimination Against the Disabled: In response to a report on the Chicago
rental market for disabled individuals, HUD has produced a document to assist
advocates for the disabled in assessing discriminatory practices in rental housing. In
2005, HUD released a report, Discrimination Against Persons with Disabilities:
Barriers Every Step of the Way, detailing the findings of tests conducted in Chicago.
Disabled and non-disabled individuals, otherwise comparable, applied for rental
housing to compare their treatment. It was found that "persons with disabilities who
were studied encountered significant levels of adverse treatment when they
searched for rental housing in the Chicago area, compared to comparable nondisabled
homeseekers. In fact, adverse treatment against persons with disabilities occurs even
more often than adverse treatment of African American or Hispanic renters in the
Chicago-area housing market." No research has been published based on tests in
the housing market of Pearland or the Houston Metropolitan Statistical Area (MSA).
The disabled and special populations are protected against zoning laws and deed
restrictions that prohibit single-family group homes in neighborhoods. Group homes
for the disabled cannot be prohibited in single-family neighborhoods if they do not
City of Pearland, Texas PY 2012 Fair Housing Plan Page 14
exceed the number of non-related individuals allowed for non-disabled classes. For
example, if zoning laws or deed restrictions limit the number of non-related
individuals, such as students, allowed within a single-family house to two per
bedroom, then agencies providing group homes for the disabled must be allowed to
locate in the area as long as they don't violate the limits placed on the number of
individuals.
Discrimination Against Income Source: At this time it is not explicitly illegal for
landlords to discriminate against those individuals receiving housing or living
subsidies, though there are proposals before Congress to include income source as a
protected characteristic for renters. Most subsidies, such as Section 8 Housing
Choice Vouchers, are structured such that the landlord must apply to accept the
tenants with the subsidies and agree to a Housing Quality Standards (HQS)
inspection. A landlord who does not proactively apply to accept subsidized tenants is
not necessarily being discriminatory.
Locational Discrimination: Developers seeking to place Low-Income Housing Tax
Credit (LIHTC) properties or other properties such as Section 811 apartments for the
disabled in a neighborhood often meet with resistance. The jurisdiction must send
written acknowledgement that it approves of the project and that the project
complies with the Consolidated Plan of the jurisdiction. Also, the developer must
notify the public of its intent, giving the neighbors an opportunity to voice their
opinions. Neighborhood organizations and municipalities can effectively redline
areas to prevent the development of affordable or specialized housing units.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 15
Fair limning Versus Atkordable Homing
Fair housing does not directly address the issues of affordable housing. The inability
for a household or group to afford certain housing is not in and of itself a Fair
Housing Act violation. The Fair Housing Act and Civil Rights Related Program
Requirements do not directly legislate the policies of a jurisdiction or housing market
that influence housing costs. Market realities and local land use and zoning
ordinances determine housing costs and may not be necessarily discriminatory.
However, if cost disparities are either directly or indirectly related to discriminatory
policies or actions, then the barriers to affordable housing choice can become
impediments to fair housing choice. An example of such a situation might be when
the vast majority of low- to moderate-income residents of a community are of one or
more minority groups protected by the Fair Housing Act and the only housing
available to them is unaffordable or housing affordable to them is unsafe, then there
would be a violation of the Fair Housing Act.
Despite the distinction between fair housing and affordable housing, historically, due
in large part to the disparities in income, minorities - be they racial/ethnic
minorities, disabled individuals, elderly, large families, or LGBT - are predominately
low- to moderate-income in most communities. The following graph shows the
income disparities in Pearland between Anglos (non-Hispanic whites) and
racial/ethnic minorities. While there are disparities in incomes, the greatest
percentages of households for each of the racial/ethnic groups are in the $75,000 to
$150,000 ranges, with the African American and Hispanic percentages exceeding the
Anglos in the $40,000 to $99,999 ranges. In addition, the disparities in Pearland are
far less than within the remainder of the Metropolitan Statistical Area (MSA).
City of Pearland, Texas PY 2012 Fair Housing Plan Page 16
Figure 3 - 2008-2010 Median Income by Race/Ethnicity
(2008-2010 American Community Survey)
$100,000 -V
$90,000
$80,000
$70,000
$60,000 7
$50,000
$40,000 7
$30,000
$20,000
$10,000 Ell —
White African Asian Hispanic
American
Median Income $85,090 $76,829 $95,245 $74,888
Figure 4 -- 2008-2010 American Community Survey
Ethnic Population by Income Range
20.00
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16.00 -•1
s 14.00 I
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 17
Pearland is 51% minority in racial/ethnic composition. The pie chart below shows
the ethnic distribution within Pearland.
Figure 5 — Racial/Ethnic Distribution of Pearland's Population
2006-2010 ACS
■White •African American •Asian Hispanic Other
Below are maps that show the low-income and minority concentrations in Pearland.
Due to the relative wealth of Pearland and the relative equal distribution of incomes
throughout the city, HUD has set the predominately low- to moderate-income Target
Areas at 45.61% low- to moderate-income. With the 2010 Census data and the
2006-2010 American Community Survey (ACS) data from the Census Bureau, this
exception to the "51% rule" will likely become 40.2% or less. Based on the 2006-
2010 ACS Census and HUD's 2007 database, only 5% of the City's population resides
in block groups with less than 30% minority population. Approximately half of the
minority population lives in neighborhoods that are middle to upper-middle income.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 18
Map 1 — 2007 HUD-Designated Low- Mod Income Areas
-- M City of Pearland
CDBG Target Areas
z
A/elor Roads
Bock Groups a mee or OvLrnts
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Most entitlement jurisdictions throughout the United States are required to have a
concentration of low-mod population of more than 51% for target areas. However,
the City of Pearland is an exception and its accepted minimum is 45.61%. Thus, the
map above illustrates the areas with 45.61% or more low- to moderate-income
persons, as defined by HUD.
Below are maps of the racial and ethnic distribution of the population throughout
Pearland followed by a map of income distributions and the minority distribution by
income.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 19
Map 2 -- % African American Population by Block Group
2010 Census
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 20
Map 3 -- % Hispanic Population by Block Group
2010 Census
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 21
Map 4 -- % Asian Population by Block Group
2010 Census
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 22
Map 5 - Median Household Income by Block Group
2006-2010 ACS
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City of Pearland,Texas PY 2012 Fair Housing Plan Page 23
Map 6 - % African American & Hispanic Households with Overall Median
Income Designated
2006-2010 ACS by Census Tract
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City of Pearland,Texas PY 2012 Fair Housing Plan Page 24
Analysis of Impediments to Fair Housing Choice in Pearland
An Analysis of Impediments (AI) is a broad spectrum review of private and public practices
and policies which may impact people's ability to choose housing in an environment free
from discrimination. The stated purpose of the AI is to increase housing choice, identify
problems and assemble fair housing information. (HUD Fair Housing Planning Guide, p. 2-
4) The AI:
• Serves as the substantive, logical basis for Fair Housing Planning;
• Provides essential and detailed information to policy makers, administrative staff,
housing providers, lenders and fair housing advocates; and
• Assists in building public support for fair housing efforts both within entitlement
jurisdictions' boundaries and beyond.
The U.S. Department of Housing and Urban Development (HUD) requires entitlement
jurisdictions to develop action plans to overcome the effects of identified impediments to fair
housing choice (HUD Fair Housing Planning Guide, p. 2-1). Therefore, the Analysis of
Impediments is the necessary first step in the Fair Housing Planning process.
The Analysis of Impediments includes the following elements:
• A comprehensive review of the Entitlement Community's laws, regulations and
administrative policies, procedures, and practices;
• A comprehensive review of private and environmental conditions affecting fair
housing choice for all protected classes;
• A comprehensive review of the results of resident input regarding housing needs
and fair housing; and
• A summary of public and private regulations, policies, conditions and perceptions
that create impediments to fair housing choice.
1. Comprehensive Legislative and Regulatory Review
The City of Pearland has reviewed and analyzed the public policies affecting the
development, availability, and cost of housing accessible to the protected classes. The City
found that there were no policies that contributed to the concentration of racial/ethnic
minorities or other protected populations, such as the disabled and large families. While
the zoning ordinance does limit the development of multi-family units and the vast
majority of the residential properties are zoned single-family, the city building codes do
not impede or limit the development or improvement of affordable single-family housing in
Pearland. New developments within the city are selling single-family units for $150,000 to
$400,000, however there are new homes within 5 miles of the City selling for $110,000 to
$120,000 with information for potential first-time buyers to seek first-time homebuyers
education and assistance from State of Texas, Harris County and Brazoria County CHDOs,
making the homes available to moderate-income and some low-income households.
The city has several areas zoned for maximum and high density single family, which, due
to smaller lot sizes, are more affordable than full-lot single-family units. There are few
areas zoned for multi-family, but they are surrounded on two or three sides by single
City of Pearland, Texas PY 2012 Fair Housing Plan Page 25
family areas, and are near Broadway's commercial and business districts, increasing the
heterogeneity of the housing types and the accessibility to amenities.
Minorities in Pearland have not been concentrated, for the most part, into any section of
the city. Based on the 2010 Census, Pearland's population, is 48.8% non-Hispanic White
(compared with 74.5% in 2000) with 20.5% Hispanic (compared with 16.2% in 2000),
16.1% African American (compared with 5.3% in 2000), 12.3% Asian (compared with
3.6% in 2000) and 2.3% other or multi-ethnic (compared with 0.4% in 2000). Based on
the 2010 Census data, the maps below illustrate the racial/ethnic distribution by Census
Block Group.
Figure 6 — Race & Ethnicity Based on 2010 Census
•White •African American •Asian Hispanic Other
City of Pearland, Texas PY 2012 Fair Housing Plan Page 26
Map 7 - 2010 % Predominate Minority Population
(African American & Hispanic Combined)
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 27
Other than areas on the far eastern edge of the City, only two block groups have less than
30% minority populations.
The vast majority of the residential properties were constructed after 1990 under new
building codes that ensure safer, lead-free and more accessible homes. However, the
newer the construction the more costly the purchase price or rents, making many of the
newer units unaffordable to the low- to moderate-income. The figure below shows the
distribution of housing units by the year they were built.
Figure 7 - Distribution of Housing Units by Year Built
(2010 1-Year ACS)
9.000
8.000
7.000 - '
6.000
4.000 -"
3.000
2.000 -7 1
1 A00 -7 . a .
Before 1950- 1960- 1970- 1980- 1990- 2000- 2005
1950 1959 1969 1979 1989 1999 2004 or
later
YearBullt 32 349 1.175 3.365 2.889 7.428 8.412 8.095
Zoning: The Zoning Regulations and other land use policies in the City, as outlined in the
Unified Development Code, do not appear to be a barrier to affordable housing.
Requirements for minimum street frontage, setbacks, density requirements, or off-site
improvements do not impose impediments to new or infill housing development. The
Comprehensive Plan and Zoning regulations have in place 7 levels of residential
development - estates, low-density, medium-density, high-density and maximum density
single family as well as multi-family and mobile home park district areas. There are
sufficient higher-density areas to not impede the development of affordable housing on in-
fill lots. The R-1, or highest level, usually has minimum lot and building size/type
requirements but R-1 and R-2 are off-set by less restrictive and more affordable options.
The City's zoning ordinance does not set minimum building size requirements that exceed
the local housing or health code. Specific requirements for setbacks, lot sizes, dwelling
sizes and others, such as existence and size of garages, provide a barrier to the
construction of affordable housing, but do not impede fair housing choice.
Building Codes: Pearland has adopted the following building codes: International
Building Code International Residential Code (2003 Edition); International Energy
Conservation Code International Mechanical Code (2003 Edition); and International Fuel
Code. These codes are reasonable standards for construction and rehabilitation within the
cities and do not appear to hinder the development of affordable housing but rather
City of Pearland, Texas PY 2012 Fair Housing Plan Page 28
enforce acceptable, uniform building standards to ensure the safety of residents residing
in affordable housing units.
Tax Issues: The City of Pearland has 1 Tax Increment Reinvestment Zone within the
City. A TIRZ is a specific geographic area defined by the City Council. For the duration of
a TIRZ (no more than 30 years) a portion (36%) of the property taxes from the increased
value due to development within the TIRZ is "captured" and placed in a separate fund
administered by the City. The captured tax proceeds can only be used to pay for eligible
public improvements, such as streets, drainage, utilities, and public facilities, within the
zone. The concept is that the new taxes from new development are reinvested within the
zone that created the additional value. Property owners within the zone continue to pay
the full taxes that are due, so a TIRZ does not create a tax abatement situation.
City Boards: Pearland provides opportunities for citizen input and involvement in the
planning and development process through voluntary involvement in local boards and
committees. Boards related to housing and development include:
• Building/Fire Code Board of Adjustments and Appeals
• Development Authority of Pearland
• Electrical Board
• Gas and Plumbing Code Board of Adjustments and Appeals
• Planning and Zoning Commission
• Zoning Board of Adjustments
Code Enforcement: The City recognizes that the enforcement of property codes is
essential to the maintenance of quality housing stock and neighborhoods. Inspections are
conducted on upgrading existing housing and buildings, existing signs, litter,
junk/abandoned vehicles, weeded lots and care of premises to prevent the spread of
environmental decay. One aspect of the code enforcement activities is to ensure that Real
Estate Owned (REO) properties - those foreclosed upon and owned by the mortgage
companies or developers - are maintained in accordance with City codes and that there is
not a disparity between the maintenance of REO properties in predominately minority and
predominately white neighborhoods or between REO properties in predominately low- to
moderate-income and predominately higher-income neighborhoods.
Land and Environmental Issues: The vast majority of the area inside the city limits of
Pearland is outside of a floodplain. The Pearland Regional Airport is located to the far
southeast of the City and more than 2 miles from the nearest residential core of Pearland
and the residences are not impacted by the fly zones. There are no brownfields or
Superfund sites located in Pearland. Residential areas are not impacted by hazardous
waste sites or any other environmental issues. In general, there are no land or
environmental constraints posing barriers to the development of housing in Pearland.
Public Housing Issues: The City of Pearland has no public housing agency. Brazoria
County does have a housing authority that provides Section 8 Housing Choice Vouchers.
Currently there are 4 apartment complexes in Pearland that accept Section 8 Housing
Choice Vouchers, with a total of more than 200 Section 8 residents. Tranquility Bay, Park
Place, Pearland Senior and Oakbridge all accept Section 8 residents. Additionally, there
are several single family houses that house Section 8 residents. Currently, the Brazoria
City of Pearland, Texas PY 2012 Fair Housing Plan Page 29
Housing Authority is processing an additional 30 to 40 households for residency in
Pearland.
School District and Education: The public educational system is basically equal across
all areas of the city and the district as a whole far exceeds the test results for the
remainder of Region 4 or the state as a whole, regardless of race/ethnicity. Pearland ISD
has a slightly higher percentage of African American students than the remainder of the
state and approximately half the percentage of Hispanic students, with 13 percentage
points more White students. Pearland ISD has less than half the rate of economically
disadvantaged, limited English proficiency, disciplinary placements and at-risk students of
the remainder of the state. Staffing by race/ethnicity, education and years of experience
mirrors the state.
2. Comprehensive Review of Private Conditions and Issues
Accessibility Issues: The lack of rental housing that is accessible to the disabled is
another obstacle to meeting the underserved needs in most communities. However,
Pearland is a young community with virtually all rental units being constructed in the late
1990s and early 2000s, complying with the Fair Housing Act's accessibility standards and
the International Building and Residential Codes. All of the apartment complexes have
first floor units that are accessible to the disabled and are willing to modify additional units
as needed.
Affordability Issues: The income level of the household directly influences the rental or
purchase options of any housing unit. According to the Census Bureau's 2005-2009
American Community, of the 28,583 occupied housing units within Pearland, 81% are
owner-occupied. The figure below shows the percent of households by tenure that have a
housing cost burden, spending 30% or more of the household income on housing costs.
Figure 8 — Percent of Households with Housing Cost Burden by Tenure
40.0%
35.0% ���
30.0%
25.0% oi
Elf
20.0%
15.0%
10.0% t —
5.0% __.V
0.0%
Renters Owners w/ Owners Total
Mortgage w/o
I„_ Mortgage
_
%w/Cost Burden 34.9% 36.9% I 21.9% 33.9%
City of Pearland,Texas PY 2012 Fair Housing Plan Page 30
Renter Affordability: As can be seen in the figure above, approximately one-third of
renters (34.9%%) have a housing cost burden (30% or more of income). The median
apartment rent in February 2012 was approximately $1,250, utilities not included. For
individually-owned units, the median rental price was $1,978, utilities not included. The
median apartment rent, adding utility costs, requires an income of $60,000 per year to
not have a housing cost burden, which is under the low-moderate income limit for a 4-
person household. Incomes in Pearland are higher than other suburban areas within the
Houston MSA, while rental housing is more affordable. The following 2011 information
was provided by the National Low Income Housing Coalition for the Houston-Baytown-
Sugar Land Metropolitan Area a whole:
• A very low-income household (0-30% of median) could afford a monthly rent of no
more than $495.00 while the 2011 Fair Market Rent for a two-bedroom is $830.00.
• A disabled person living on SSI could afford a rent of no more than $202.00 per
month, while the Fair Market Rent for a zero-bedroom efficiency unit is $690 and
for a one-bedroom unit is $767.00.
• A minimum wage earner can afford a monthly rent of no more than $377.00.
• A worker earning the minimum wage must work 100 hours per week in order to
afford a two-bedroom unit at the Fair Market Rent.
• The wage needed to afford a two-bedroom unit at the Fair Market Rent is $17.90
per hour.
The table below shows the area's 2012 Fair Market Rent (FMR) for the Houston-Baytown-
Sugar Land Metropolitan Area and the Pearland rents advertized in June 2012. Following
is a table that details the rent ranges by the type of units for rent as taken from
apartment guides, newspaper classifieds, forrent.com and apartmentratings.com.
Table 1 — 2012 FMRs and Actual Market Rents
Unit Size 2012 HUD Fair Actual Market
Market Rent Rent
0 bedroom ..614 Data not available
1 bedroom ..684 •.679-•.1 450
2 bedroom $786 •.795—.2 350
3 Bedroom $1 084 ..1 235-•.1 585
4 Bedroom ..1 164 Data not available
The apartments in Pearland rent from $661 for the least expensive advertised 1-bedroom
to $2,350 for the most expensive advertised 2-bedroom and $1,585 for the most
expensive 3-bedroom. No 4-bedrooms were advertised.
Figure 9 —Percent of Renters with Housing Cost Burden
City of Pearland, Texas PY 2012 Fair Housing Plan Page 31
(2005-2009 CHAS Data)
100 -77
90
80
70
60 mir
50
= 40
r..
30
20
10
0
Elderly Small Related Large Related All other
■Renters>50% 56.9 29,7 0 39.5
al Renters 30-50%0 29 31.7 100 16.7
Subsidized housing is one method to alleviate the cost burdens of low-income residents.
The City of Pearland does not have a public housing agency providing subsidized units to
the very low- and low-income. However, Brazoria County does maintain a Section 8
Housing Choice Voucher program throughout the county, including Pearland, and 4
apartment complexes and several individually-owned units participate. Currently there
are 2 Low Income Housing Tax Credit complexes in Pearland, one with 246 units serving
the general population and one with 126 units serving the elderly. These 2 complexes
have 31 units for the disabled. Additionally, there is one HUD-subsidized apartment
complex, Park Place, with 25 subsidized units and 101 total units.
Ownership Affordability: According to the 2005-2009 CHAS data, 36.9% of
owners with a mortgage and 21.9% of owners without a mortgage have a housing cost
burden, with housing costs at or exceeding 30% of their household income. The map
below shows the geographic distribution of owners with a housing cost burden.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 32
Map 8 -Percent Low-Mod Income Owners with a Housing Cost Burden
(2005-2009 CHAS by Census Tract)
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City of Pearland, Texas PY 2012 Fair Housing Plan Page 33
The vast majority of the housing for sale in Pearland costs more than $150,000. The
figure below shows the asking price of units for sale in February 2012, with a median price
of $195,000.
Figure 10 — Asking Price for Housing for Sale in February 2012
300
250
200
100 7'
50 -7.
0 � `
<$50K $50K- $75K- $100K- $125K- $150K- $200- $225K- $250K- $300K- >_
$74.9K $99.9K $124.9K $149.9K $174.9K $224.9K $249.9K $299.9K $499.9K $500K
For Sale 1 4 20 45 115 289 98 96 91 98 16
The asking price and average square footage varies by location. Looking at the two
primary zip codes in Pearland, and noting that the zip codes do extend outside the city
limits, it can be seen that housing in 77581 to the east/northeast is costlier on the low and
high ends than in 77584, which covers the majority of the city and west/southwest.
Table 2 — Average Asking Price of For-Sale Housing by Zip Code &
Number of Bedrooms in Februar 2012
Zip Avg Avg
Code Bedrooms Avg Price Avg SQFT Price/SQFT Price/BDRM
77581 2 $153,532.14 1,753.29 $86.01 $76,766.14
77581 3 $165,374.65 2,050.60 $79.93 $55,124.91
77581 4 $226,119.72 2,872.20 $77.71 $56,529.98
77581 5 $296,921.86 3,620.57 $78.31 $59,384.36
77581 6 $864,500.00 6,206.50 $134.64 $144,083.50
77584 2 $133,544.44 1,601.11 $84.37 $66,772.22
77584 3 $163,486.11 2,011.69 $81.61 $54,495.34
77584 4 $230,161.76 2,914.63 $79.76 $57,540.48
77584 5 $306,023.97 3,724.57 $80.31 $61,204.80
77584 6 $555,575.00 4,882.00 $109.68 $92,595.75
City of Pearland, Texas PY 2012 Fair Housing Plan Page 34
The 2010 home mortgage loan applications reported in the Loan Application Register
(LAR) from the Federal Financial Institutions Examination Council has been analyzed.
African Americans comprised 16.7% of the home loan applications and Hispanics
comprised 13.4% of applications. Of all valid loan applications 12.8% were denied for
various reasons. The denial rate for African Americans was 16.6% and for Hispanics was
17.1%, both considerably lower than in past years. In many locales, "other" is the stated
reason for denying the loan application of a minority and is suspect in analyzing
impediments to fair housing choice. For Pearland, both African Americans and Hispanics
have a significantly lower rate of being denied with a cause stated as "other" than do
whites and other races. African Americans and Hispanics do have a higher rate of denials
than whites and others, with the main reasons being credit history for both groups and
debt:income ratio for Hispanics. The table below summarizes the LAR data for Pearland.
Table 3 — 2010 Mortgage Loan Applications by Race/Ethnicity
& Application Denials
Loan A A. •lication Re•ister
%Denied for %Denied for %Denied
Total Total % Debt:lncome Credit Stated as
Applicant Applications Denied Denied Ratio History "Other"
African American 1,854 308 16.6% 22.7% 30.5% 8.8%
Hispanic 1,483 254 17.1% 27.6% 29.5% 9.1%
White&Other 7,771 859 11.1% 21.8% 21.7% 12.2%
Total 11,108 1,421 12.8% 23.0% 25.0% 10.9%
The residents completing the on-line survey gave a medium priority to down payment
assistance and housing/credit counseling. However, insufficient cash for down payments
and closing costs was not a major reason for denying a home loan. Loan denials due to
insufficient cash comprised less than 5% of all denials and there were no differences due
to race or ethnicity. First-time homebuyers education and credit repair are needed to
prepare low- to moderate-income, particularly minorities for purchasing a house.
Owner-Renter Comparisons: While households with lower incomes are most
likely to be renters, there are significant numbers of owners, particularly elderly owners
on fixed income in Pearland. The following figure shows the tenure of the households by
income.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 35
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As expected, those households with the lowest incomes, especially the elderly, have the
greatest housing needs. The chart below shows the distribution of households by size and
tenure. Additional charts show the cost burden first for renters and then owners by
household size. In figures 14 and 15, the red represents the percent of the households
within each type and income that have more than a 50% cost burden, meaning they are
paying more than 50% of their income on housing. The gold indicates the percent paying
between 30% and 50% of their income on housing.
Figure 13 - Households by Size and Tenure
(2005-2009 CHAS Data)
- --- - ---------
loo.o
80.0
g 60.0
2 40.0
20.0
0.0
Elderly Small Large All other
Related Related
a Rent 16.0 30.0 5.1 58.7
■Own 84.0 70.0 94.9 41.3
City of Pearland, Texas PY 2012 Fair Housing Plan Page 37
Figure 14 — Housing Cost Burden for Low-Mod Income Renters
(2005-2009 CHAS Data)
100
90
80
70
e
60
50
= 40
30
20
10 /
0
Elderly Small Related Large Related All other
•Renters>50% 56.9 29.7 0 39.5
Renters 30-50% 29 31.7 100 16.7
Figure 15 — Housing Cost Burden for Low-Mod Income Home Owners
(2005-2009 CHAS Data)
100
90
80 /
2 70
60
50 _
= 40 _
30
20
10
0
Elderly Small Large All other
Related Related
▪owners>50% 22.1 47.8 32.3 53.9
•Owners 30-50% 26.6 30,7 32.3 30.7
With the exception of "all other" households (single individuals and non-family
households), the majority of households by household size are owner occupied. Though
only 16% of elderly households were renters, elderly renters had a significantly higher
rate of cost burden of more than 50% of income than elderly owners, with a slightly
higher rate of cost burden of 30% to 50%. Likewise, 94.9% of large families own their
homes, but large related renter households had 3 times the rate of those with cost
burdens of 30% to 50% than owner households. All other groups had higher rates of cost
burden for owners than renters.
The Census Bureau no longer assesses the structural quality of housing units.
Overcrowding, lacking some plumbing or kitchen facilities and lacking heating are the only
determinates of housing units with problems. In 2000 before the advent of cell phones
City of Pearland, Texas PY 2012 Fair Housing Plan Page 38
replacing land lines, the lack of a telephone was proxy for housing potentially in need of
upgrades and rehabilitation. In Pearland, very few houses have housing problems
identified by Census ACS surveys. Additionally, it would not be accurate to aggregate the
number of units for each housing deficiency, as there is likely to be considerable overlap
with one sub-standard housing unit having more than one problem. Overcrowding often
results in greater wear and tear on housing units, requiring greater than average
maintenance, particularly in rental units. Overcrowding and age of housing are the most
relevant proxies for housing units with potential structural problems.
Table 4 — Indicators of Potential Need for Housing Rehabilitation
2006-2010 ACS Data
Housin p Units Renter Owner
Built Before 1970 416 1,804
Overcrowding 289 79
Lacking Some
Plumbing 0 31
Lacking Kitchen
Facilities 49 120
Lacking Heating 0 65
HUD provides information on the affordability mismatch for owners and renters. An
affordability mismatch occurs when residents are renting or owning units affordable to
those in lower income brackets, forcing the lower-income residents to seek housing that is
outside of their price range. The data provided by HUD is based on 2000 Census,
however, using 2006-2010 ACS data, the table has been updated. Below is the updated
table for those variables for which ACS data are available.
Table 5 — Estimated Market Analysis/Affordability Mismatch
from 2006-2010 ACS
Vacancy 0&1 3+ Substandard
Housing Stock Inventory Rate Bedroom 2 Bedrooms Bedrooms Total Units
Affordabili Mismatch
Occupied Units: Renter 1 738 1 926 1 756 5 420 338*
Occupied Units: Owner 70 887 22 206 23 163 264*
Vacant Units: For Rent 11.2% 550 228 97 N/A
Vacant Units: For Sale 2.6% 8 105 1 222 N/A
Total Units Occupied &Vacant 2 366 3 146 25 281 30 793 602*
Rents: Applicable FMRs in •.s 649 786 1 124
Rent Affordable at 30%of
50%of MFI in •.s ** $777 ..1 050 Mg
Public Housin. Units
Occupied Units 0 0 0 0 0
Vacant Units 0 0 0 0 0
Total Units Occupied &Vacant 0 0 0 0 0
Rehabilitation Needs in •,s 200 000 550 000 4 500 000 5 250 000
* lacking kitchen (and/or plumbing), or lacking heating, or overcrowded
** FMRs & affordability based on 2012 HUD data combined with 2006-2010 ACS in 2010
dollars
City of Pearland, Texas PY 2012 Fair Housing Plan Page 39
Economic Conditions: According to the 2006-2010 ACS data from the Census Bureau,
the City of Pearland has a much higher median household income than the Metropolitan
Statistical Area (MSA) as a whole. Pearland's median household income, in 2010 dollars
was $85,452 compared with Brazoria County's of $65,607 and the MSA's of $55,207. The
racial/ethnic income disparities in Pearland are much less than in the county or MSA. The
graph below shows the 2006-2010 median household income by race/ethnicity for
Pearland, Brazoria County and the Houston MSA, followed by a table showing the
differences between the median incomes by race/ethnicity and the median incomes for all
households.
Figure 16 — 2006-2010 Median Household Income by Race/Ethnicity for
Pearland, Brazoria County and Houston MSA
(in 2010 Dollars)
S100,000 -7
$90,000
$80,000
$70,000
$60,000 I ■ ■
$50,000 �' ■ ■
$40,000 ■ ■
$30,000
$20,000 ■ ■
$10,000 -V
■ ■
$-
All Non- African Asian Hispanic
Households Hispanic American
White
■Pearland $85,452 $88,398 $83,453 $91,575 $80,152
•Brazoria County $65,607 $69,301 $61,926 $92,113 $52,777
•Houston MSA $55,207 $74,466 $39,368 $67,566 $40,480
Table 6 -- 2006-2010 Percent Difference between Median Incomes by
Race/Ethnicity and All Households
Brazoria
Pearland Count Houston MSA
Non-Hispanic White 103.45% 105.63% 134.89%
African American 97.66% 94.39% 71.31%
Asian 107.17% 140.40% 122.39%
Hispanic 93.80% 80.44% 73.32%
The income variations by race/ethnicity are much less in Pearland than either Brazoria
County or the overall Houston MSA. This greater income equity makes housing choice and
location choice much easier in Pearland than in the surrounding areas and has resulted in
a much more integrated and equally dispersed population.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 40
The table below shows the number of employees and average income among the various
occupations in Pearland:
Table 7 — 2006-2010 Pearland Employees & Income by Occupations
Occupation Number of Median Income
Employees
Total Civilian Employment 42,482 $58,708
Management, business, and science occupations 22,012 _ $ 76,166
Service occupations 4,261 $ 19,170
Sales and office occupations 9,934 $ 33,663
Construction, extraction, maintenance, and repair
occupations 2,807 $45,534
Production, transportation and material moving
occupations 3,468 $ 51,971
Depending on household size and the number of employees per household, there would
appear to be some employees who may qualify for Section 3 consideration. Section 3 is a
Federal regulation that mandates those using Federal funds for construction make every
effort possible to hire very low- and low-income companies or companies that employ very
low- and low-income residents, particularly public housing, Section 8 residents and those
living in the neighborhoods in which the work is to be carried out. Though there are 2,807
employees in the construction, extraction, maintenance and repair occupations, within the
types of construction for which CDBG and other federal funds would be used in Pearland,
there are only about 600 employees, many of whom may qualify as Section 3 employees,
though they are dependent upon their employers to bid on Pearland contracts.
3. Assessment of the results of resident and stakeholder input regarding
housing needs and fair housing
The City of Pearland posted a comprehensive survey regarding fair housing issues on its
website. The survey was posted in English and Spanish and the public was notified
through the newspaper, in the public hearings for the Consolidated and Action Plans and
on the City's website as part of the notice of the 30-day public comment period. In
addition, several stakeholders, including advocacy groups and social service agencies were
notified by telephone. A copy of the survey in both languages is included in the
attachments. The City received 146 responses to the survey, including the following:
• Realtor 2.8%
• HOA board member 4.2%
• Member of a protected class,
advocacy group member or non- 14.0%
profit representative of a protected
class
• Elected official 2.1%
• Interested resident of Pearland 76.9%
City of Pearland, Texas PY 2012 Fair Housing Plan Page 41
In general, the respondents did not indicate impediments to fair housing choice. Open
ended responses were solicited for those stating any form of impediment. Below is a list
of all of the responses received. No comments were excluded or edited.
Instances where there is a refusal to show/sell/rent/insure
• When looking on the west side for a single family house to
rent the owner said he would rent to us because we were a
nice white family and that he would never rent to Mexicans
again
• Some landlords can't rent to the disabled because the older
homes don't have modifications
• The insurance company would not insure my mother's home
because of the neighborhood it is in
Ordinances/restrictions that put undue burden on residents
• In newer subdivisions there are a lot of costly restrictions put
on owners by the HOA
• There should be more restrictions in some neighborhoods
• Most subdivisions in Pearland are single family
Lack of infrastructure, parks, facilities, services
• The older affordable apartments are in the older side of
Pearland
• There are places along Broadway and Cullen where one
cannot bike or walk safely, especially the handicapped
• Affordable health care and transportation are not available
and that makes it not a viable living option for the protected
classes and lower income
• There is no public transportation in Pearland
• Limited sidewalks in Shadow Creek and all of the amenities
are along 518 which is congested and dangerous to walk
along or try to cross
High crime areas
• Apartment complexes have the highest crime in the city and
lower income families don't want their children raised in that
environment; there is a high turnover rate in apartments and
we need to determine the causes - is it crime or other factors
• Not enough speed bumps in neighborhoods and people speed
down the streets and that is very unsafe for children playing
In addition to the general survey for any interested party, several stakeholders in the
community were contacted by telephone and interviewed. A copy of the questionnaire is
in the attachments. In general, the comments included:
City of Pearland, Texas PY 2012 Fair Housing Plan Page 42
Instances where there is a refusal to show/sell/rent/insure
• No one indicated a problem in this area
Ordinances/restrictions that put undue burden on residents
• Zoning ordinance limits mobile homes and multi-family in Pearland
• Some of the building codes can drive up the price of construction
• Some of the HOA requirements drive up the cost as a way to keep lower-
and middle-income out of the neighborhood
• Some elderly in Brazoria County and perhaps Pearland can't maintain
property taxes, maintain their houses but can't sell because they inherited
the house and never put the title in their name
• In the beginning, there were issues with some HOAs not allowing group
homes for the mentally and physically disabled, but now there doesn't seem
to be an issue (Forgotten Angels has 13 single family homes in
neighborhoods)
• Brazoria County Appraisal District is difficult to work with in getting
disability deferments retroactively, resulting in property tax delinquencies
Lack of infrastructure, parks, facilities, services
• Lack of public transportation is the biggest issue, though ActionS provides
transportation for seniors
• Most social service agencies are located in Houston or Angleton and don't
have offices in Pearland - not enough clients to justify offices in Pearland
Housing issues
• Not enough rental units that are fully accessible to people with disabilities
• Not enough Section 8 Housing Choice Vouchers in Brazoria County and
difficult for Pearland residents to get to Angleton to sign up for Section 8
• Section 8 has a waiting list and applicants move and can't be located when
their name comes up for a voucher
• Some landlords have refused to allow people in wheelchairs to remove
doors or make other modifications to their apartments, even at the tenant's
expense and the "pet-free" apartments won't allow service dogs
• Apartments in Pearland don't take Section 8 anymore (this statement was
refuted by Brazoria Housing Authority which stated that 4 complexes in
Pearland accept Section 8 and all have Section 8 tenants with more than 30
applications in process to move to Pearland)
• Even landlords who accept the disabled won't accept mentally ill applicants
because of their potential behavioral issues or past criminal records
• In today's economy so many previously self-sufficient people can't pay their
rent or mortgages and there isn't enough money to provide multi-month
assistance to renters and HUD programs like HPRP don't allow mortgage
payments
City of Pearland, Texas PY 2012 Fair Housing Plan Page 43
4. Summary of Impediments to Fair Housing Choice
In summary, the biggest impediment to housing choice in general is economic - there are
is a lack of affordable units and with the minorities and disabled having the lowest
incomes, they are facing the greatest obstacles and impediments. However, it should be
noted that minorities in Pearland have a much greater income equity than in the region as
a whole.
Public Impediments
1. Codes, Ordinances and Policies:
a. The City does not have a Fair Housing Ordinance that would be beneficial in
addressing fair housing issues.
b. Zoning in Pearland limits the number of apartment complexes within the
municipal boundaries, though there are a number of complexes currently and a
number immediately outside of the city limits.
c. Currently the City does not sufficiently advertise the fair housing act and
avenues for fair housing enforcement.
d. Currently the City does not have a clear set of policies and procedures for
addressing fair housing complaints.
2. Public Facilities and Infrastructure:
a. Currently there is no public fixed-route transportation in Pearland.
b. Currently there are no restrictions on the concentration of undesirable
infrastructure improvements or policies and procedures that take the residential
location of protected classes into account.
3. Housing:
a. Pearland does not receive HOME funds to provide support to the development
of affordable housing and first-time homebuyer's assistance.
b. Pearland's CDBG allocation is too small each year to be used for the
construction or rehabilitation of multi-family housing.
c. Pearland is not a Public Housing Authority and no public housing exists in
Brazoria County or the non-Houston areas of Harris County.
d. Currently there is a waiting list for the Section 8 Housing Choice Voucher
program in Brazoria County that can serve Pearland.
Private Impediments
1. Housing Affordability
a. Lack of sufficient number of private subsidized rental units, such as Section
202, Section 811, project-based Section 8, and Low Income Housing Tax Credit
properties results in insufficient affordable rental housing for the low- to
moderate-income.
b. A comprehensive review of all deed restrictions is needed to ensure all are in
compliance with City, State and Federal regulations, particularly the Civil Right
Act and Fair Housing Act.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 44
Fair Noosing Plan to Overcame impediments
The City of Pearland is committed to affirmatively furthering fair housing choice
throughout its jurisdiction. Title VIII of the Civil Rights Act of 1968 makes discrimination
based on race, color, religion, sex, national origin, familial status or handicap illegal in
connection with the sale or rental of housing and any vacant land offered for residential
construction or use.
Controlling for income, minority individuals and households and special needs individuals
do not have any greater barriers for affordable housing or housing of their choice than
non-disabled Anglos. Pearland is a diverse community that is majority minority, with 51%
of the population being a racial/ethnic minority. There is some disparity in income
between the racial/ethnic groups in Pearland, though the disparity is considerably less
than the remainder of the Metropolitan Statistical Area. African American and Hispanic
households in Pearland have median incomes that are twice that of the Houston-Baytown-
Sugar Land MSA as a whole, while non-Hispanic whites in Pearland have a median income
of only 54% higher than that of the MSA.
The vast majority of the city is well integrated with at least 30% Hispanic and African
American population. The areas north of Broadway (FM 518) between Mykawa and Cullen
generally have higher minority concentrations, while the area northeast of Highway 35 has
the lowest concentration of minorities.
As part of the City's plan to utilize Community Development Block Grant funds, the City is
committed to addressing issues of fair housing choice. All of the CDBG funds for
infrastructure and public facilities are being spent in ways that meet HUD National
Objectives and assist low-moderate income residents and/or the CDBG Target Area in
Pearland. The City has devoted the majority of its infrastructure and facility funding to
sidewalks, making mobility for low-income and disabled easier, and
renovations/expansions to the Forgotten Angels Day Habitation Center that serves
physically and mentally disabled adults. The City has also funded the transportation
program of Forgotten Angels that supports its group homes within the city limits that
house the disabled adults.
Addressing Public Impediments
Local Codes, Ordinances and Policies:
1. During 2014, the City of Pearland will review fair housing ordinances of other Texas
cities and determine the benefits of developing such an ordinance.
2. The City of Pearland will continue to maintain a Fair Housing Officer in the Finance
Department who will be responsible for receiving and responding to complaints and
inquiries about fair housing issues and violations.
3. The City will continue to include fair housing information on its website and provide
fair housing information to all subrecipients.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 45
4. During 2013, the City of Pearland will continue to maintain a log of all of its
activities aimed at affirmatively furthering fair housing, including the development
and maintenance of a log of fair housing complaints and information requests
which will include the date, individual complainant/ inquirer, detailed information,
City referral actions, and recommendations.
5. The City of Pearland will maintain a log of all fair housing activities carried out by
subrecipient non-profits as part of the documentation for the certification of
affirmatively furthering fair housing choice.
Public Facilities and Infrastructure:
1. The City of Pearland will continue to work with Brazoria County and Houston-
Galveston Area Council in the development of a regional transportation plan.
2. The City of Pearland will continue to provide infrastructure and facility
improvements and upgrades to CDBG Target Areas, which are those neighborhoods
of lowest income; some of which may have high concentrations or protected
classes.
3. The City of Pearland will continue to provide assistance to Forgotten Angles as it
serves and houses physically and mentally disabled adults in Pearland.
Housing:
1. The City of Pearland will work with Brazoria Housing Authority and Pearland
landlords - both multi-family and single-family - and will make referrals to the
Brazoria Housing Authority for any resident wishing Section 8 and any landlord
wishing to accept Section 8 vouchers.
Addressing Private Impediments
Housing:
1. The City of Pearland will participate in the development process of private
subsidized units for the elderly and disabled, and will certify those which are
consistent with the Consolidated Plan, zoning ordinance and building codes.
2. In the event that any complaints involving deed restrictions come to the City's
attention, the Fair Housing Officer will assist the complainant in completing HUD's
Fair Housing Complaint form and will refer the complainant to the Houston Field
Office of HUD.
Public Awareness and Involvement: The Fair Housing Act is a federal law and the City
of Pearland is not the entity ultimately responsible for addressing violations to the Fair
Housing Act. The Houston office of the U.S. Department of Housing and Urban
Development (HUD) is the agency responsible for receiving fair housing complaints and
addressing the issues. Additionally, Lawyers Care and Lone Star Legal Aid represent
tenants in actions regarding violations to the Fair Housing Act.
1. The City of Pearland and various local social service agencies will continue to refer
individuals with fair housing complaints to either the Houston office of HUD, Lone
Star Legal Aid or other applicable pro bono legal services and advocacy groups.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 46
2. The City of Pearland will continue to provide Fair Housing information to the
various social service agencies in the area.
3. During 2012, the City of Pearland will ensure that Fair Housing information is
available at the public library, at the City's Fair Housing Officer's office in the
Finance Department, subrecipient offices and on the City's website.
4. Each year during the Annual Action Plan process, the City of Pearland will review
the current Analysis of Impediments and Fair Housing Plan and will determine if
new issues have arisen that require City attention.
5. Every five years the City will include an analysis of barriers to affordable housing
choice in its HUD Consolidated Plan and will develop a new Fair Housing Plan,
including an Analysis of Impediments to Fair Housing Choice.
6. The City will assist complainants regarding fair housing violations in completing the
official complaint forms and will direct them to the Fair Housing division of the
Houston field office of the U.S. Department of Housing and Urban Development.
Economic:
1. The City of Pearland will continue to encourage Section 3 businesses to bid on
construction and other jobs with the City and utilize its existing HUB (Historically
Underutilized Business) policies to encourage compliance with Section 3 regulations
when they are able to meet the other qualifications of capacity, quality
workmanship, insurance, bonding, and equipment.
2. During 2013, the City of Pearland will continue to provide information on Section 3
regulations to CDBG subrecipients to educate them about methods they and their
Section 3 program participants can take to secure employment at a livable wage.
3. The City of Pearland will refer to HUD's list of all Section 3 businesses and all
employers who hire Section 3 employees when considering the need to make
necessary and applicable efforts to improve participation of minority businesses.
4. The City of Pearland will continue to support the efforts of the Adult Reading
Center, Pearland Neighborhood Center, or similar agencies that provide social
services work as they provide literacy education, GED training and specialized job
training to improve the employability and incomes of its program participants.
City of Pearland, Texas PY 2012 Fair Housing Plan Page 47