Planning Fair: How Fair Housing Intersects with Planning

Fair housing is not just a legal requirement but the cornerstone of efforts by urban planners to foster social and economic equity in their communities. It is a critical framework that seeks to address both individual and systemic discrimination. The federal Fair Housing Act (FHA) of 1968, which was amended in 1988, provides a robust foundation that ensures individuals are protected from discrimination based on certain protected classes. It mandates that communities must affirmatively further fair housing (AFFH). This obligation requires taking meaningful actions to address significant disparities in housing needs and access to opportunities. The goal is to replace segregated living patterns with truly integrated and balanced communities, transforming racially or ethnically concentrated areas of poverty into areas of opportunity.

These protections under the FHA extend to individuals based on race, color, national origin, religion, sex (gender), familial status (those living with children under the age of 18), and disability. Furthermore, federal and state case laws, such as the Mount Laurel Doctrine in New Jersey, and regulations like the Housing and Community Development Act of 1974, require the proactive removal of barriers to accessing housing. Many states and cities have expanded these protections, introducing additional safeguards to better shield individuals from housing discrimination, including income-based discrimination. These expansions underline the importance of fair housing laws in ensuring that everyone has equal access to housing in neighborhoods with quality schools, safe streets, and essential services.

Fair housing isn’t optional; it is a legal requirement. Affirmatively furthering fair housing is not just an ethical responsibility but a humane approach to community planning.

Federal fair housing laws lay the groundwork for creating diverse and inclusive communities, improving economic mobility, and supporting overall health and well-being. However, the successful implementation of these laws requires the active participation of urban planners, land use boards, elected officials, and the wider planning community.

Why is fair housing important right now?

The current fair housing landscape is fraught with challenges. Local boards often act as gatekeepers, protecting the status quo and preventing necessary change. Public meetings frequently become platforms for individuals who are most removed from housing insecurities to voice their fears, often at the expense of those who are most vulnerable. This dynamic is exacerbated by a divisive political climate that discourages productive conversations about race, equity, and diversity. Issues such as redlining and other discriminatory practices continue to persist, often in subtler, more insidious forms. The public discourse is plagued by poor data and misinformation about communities, the use of coded language, and a pattern of ill-informed decision-making.

For planners and housing professionals, navigating this landscape can be daunting, especially when the legal framework of fair housing is dense and full of legal jargon. The tools provided by state and federal agencies often seem advisory rather than actionable. Therefore, planners must take extra steps to understand their legal obligations and how to effectively incorporate fair housing principles into their planning processes.

Every community has a responsibility to actively promote fair housing by addressing housing disparities, fostering integration, and transforming areas of concentrated poverty into opportunities for growth. At the local level, this means ensuring compliance with civil rights laws and taking concrete steps to replace segregated living patterns with more inclusive and balanced communities. Importantly, it also involves increasing housing availability by implementing zoning policies that facilitate the development of housing for people at all income levels.

In my work across Greater Boston, I have seen firsthand that meaningful actions at the municipal and regional levels are not only possible but essential. However, these efforts require sustained support, collaboration, guidance, and funding to be effective. Federal, state, and regional agencies play a critical role in supporting and amplifying successful models to improve outcomes.

Case study: fair housing action plan in Arlington

A recent example of local fair housing work that I led is in the town of Arlington, Massachusetts where we developed a Fair Housing Action Plan in collaboration with the Metropolitan Area Planning Council and the Lawyers’ Committee on Civil Rights Under Law. This plan provided the community with a deeper understanding of Arlington’s history of segregation, tracing it back to the adoption of zoning laws and the creation of Home Owners’ Loan Corporation maps. This data revealed how this legacy continues to shape local policies, laws, and practices today.

The plan was particularly valuable because it integrated the voices of people often excluded from planning processes, such as individuals experiencing discrimination and those unable to access the restricted housing market. By including these perspectives, the plan was able to highlight the systemic issues that have perpetuated housing inequality in Arlington. The plan’s detailed list of actions aimed at undoing the harm caused by these systemic issues became a catalyst for change in Arlington.

One of the key insights from the plan was how, in the 1960s and 1970s, the town’s zoning bylaws were used to oppose integration and apartment development. These exclusionary practices embedded in the town’s zoning laws still affect residential patterns today. For instance, the Office of Diversity, Equity, and Inclusion in Arlington recognized that proposed multifamily zoning to comply with a new state law could help correct some of the wrongs caused by these past practices.

This example underscores the importance of ongoing, concerted efforts to challenge entrenched practices and work toward more equitable and inclusive housing policies. By taking these steps, communities can begin to dismantle the barriers to fair housing and create environments where everyone has access to opportunity and a place to call home.

The personal impact of fair housing

Fair housing is personal; real people are deeply harmed by discriminatory practices and policies. I will never forget my entry into fair housing, which began in the mid-1990s when I was in college volunteering with a local housing organization. As we interviewed a prospective family for a new home to determine their eligibility, we learned that the youngest child suffered permanent brain damage from living in a home full of lead-based paint. The family had limited housing options, and despite having a child under a certain age, they rented the space that they could afford with deleterious consequences. The family said that they had been steered to rent in this location by a local realtor. The case morphed from a lead-based paint case (because it is illegal to rent to children under age six in Massachusetts when there is lead-based paint) into a fair housing case (because it is illegal to steer protected classes to live in specific neighborhoods). More affordable housing options across the city where this family lived, rather than all the options concentrated in one neighborhood, would have helped. And that’s where planners come into the picture; we can ensure housing is affordable, available, and attainable citywide.

Fair housing laws have a significant impact on individuals and communities, and without fair housing, we cannot have truly livable, equitable cities.

To hear more personal voices of fair housing, you can visit The Fair Housing Center for Rights and Research to listen.

What role do planners play in ensuring fair housing access?

Planners have a critical role to play in ensuring fair housing access. They are uniquely positioned to help their communities understand past actions and chart a more equitable course for the future. However, even in communities that receive federal grants, such as the Community Development Block Grant Program, getting started can be overwhelming.

To assist planners in this endeavor, I’ve outlined a step-by-step guide for how local communities and individuals can promote fair housing.

Step-by-step process to chart a path for fair housing access:

• Brush up on fair housing laws: It’s important for planners to develop a thorough understanding of federal fair housing laws and the expanded protections at state and local levels. This foundational knowledge is crucial for recognizing various forms of housing discrimination and the legal remedies available.
• Promote fair housing actively: Local jurisdictions have a responsibility to actively promote fair housing. This involves not only compliance with laws but also proactive measures to ensure equal housing opportunities.
• Wield the right tools to foster inclusivity: Land use policies and zoning regulations can either create barriers to fair housing or promote it. It’s important for local jurisdictions to both review existing policies and regulations for exclusionary zoning practices, but also identify opportunities to enact policies and regulation that encourage more inclusive communities.
• Leverage visual tools to promote equity: Visual tools such as maps can be powerful in addressing disparities in public health and access to services. In particular, they can be used to show the very real impacts of redlining and to promote equity in urban planning.
• Ensure fair housing principles are upheld through local review processes: Local review processes often present challenges to promoting fair housing. Planners must navigate these processes effectively and with purpose to ensure that fair housing principles are upheld.
• Design inclusive planning processes: Engaging diverse communities in the planning process is essential for creating representative and inclusive outcomes.
• Develop assessments and action plans: Conducting effective assessments to identify local impediments to fair housing is also a critical step. Once those impediments are identified, planners can develop actionable plans to address them and ensure tangible progress toward equity.
• Build strategies for diverse housing types: Creating diverse housing types and ensuring equitable access to resources are vitally important to ensure the success of your jurisdiction's fair housing efforts.

For those interested in delving deeper into this process — along with an introduction to the tools and guidance planners need — I cover it in more detail in my course Taking Meaningful Action Towards Fair Housing, which I recently instructed for Planetizen Courses.

Equipping planners for action on fair housing

The Fair Housing Act, coupled with our collective duty to affirmatively further fair housing, calls upon communities to dismantle land use policies that have significant, unjustified disparate impacts on people of color, regardless of intent. With the available guidance and a clear set of steps, planners can navigate local challenges, engage in fair housing action planning, and embrace the opportunity to educate, increase opportunity, improve access, and address discriminatory land use practices in their communities.

Jennifer Raitt, executive director of the Northern Middlesex Council of Governments in Lowell, Massachusetts, specializes in housing and community development, serves on state and national boards and committees focused on housing and legislative policy, and frequently contributes as a speaker, author, and trainer.