CC Resolution No. 2169 - FHASTForm RESOLUTION NO. 2169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
ADOPTING THE CITY'S FAIR HOUSING ACTIVITY STATEMENT-TEXAS FORM
ASSOCIATED WITH THE GENERAL LAND OFFICE'S CDBG DISASTER RECOVERY
PROGRAM; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the State of Texas developed the Fair Housing Activity Statement—Texas (FHAST)
Form for jurisdictions to complete; and
WHEREAS,the FHAST Form lists the State's identified impediments and requires each jurisdiction to
provide steps that will affirmatively further fair housing;and
WHEREAS, on September 8, 2011, the Mayor appointed the existing Comt13rinity Development
Advisory Committee(CDAC),along with two Planning&.Development Services staff members as the F1[AST
Work Group; and
WHEREAS, the FHAST Work Group was assigned the responsibility for completing the Fi iAST
Form and proposing steps to address fair hortsing impediments; and
WHEREAS,to solicit public comment concerning the form,the form was posted on the City's website
on November 9,2011, and the FHAST Work Group held a public meeting on November 15, 2011;and
WHEREAS,the FRAST Work Group on November 15,2011,voted to recommend the adoption of
the FHAST Form,which has been approved by the Texas General Land Office,to be used in conjunction with
the CDBG Disaster Recovery Program;NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown hereby adopts the City's Fair Housing
Activity Statement-Texas Form associated with the General Land Offce's CDBG Disaster Recovery Program.
Such statement is attached hereto as Exhibit "A"and incorporated herein for all intents and purposes.
Section 2: This resolution shall take effect immediately from nd after its passage by the City
Council of the City of Baytown.
i
INTRODUCED, READ and PASSED, by the affirmative , t of the City Council of the City of
Baytown this the 2 l day of November, 2011.
S DONCARLOS, Major
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APPROVED M01
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,OAACIO RAMIREZ, SR., City tt rne'y
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Exhibit "A"
Fair Housing Activity Statement— Texas
Recognizing that each jurisdiction is unique, this Fair Housing Activity
Statement - Texas is intended to be used in conjunction with the Analysis of
Impediments, Phase I as a form to help the applying jurisdictions perform
assessments of their impediments to fair housing choice, plan actions to
address identified impediments, and communicate their plans to the State of
Texas and HUD.
BEFORE beginning to fill out this form, each jurisdiction should:
(1) Participate in the regional FHAST Form training. Done -August 30, 2011 8:30-1:30
(2) Review the 2010 Texas Interim Phase I Al in detail; Done
(3) Gather relevant information (see instructions in Appendix A); Done
(4) Convene a FHAST Working Group to assess the data collected in#2 and fill out the
FHAST form (see instructions in Appendix A.) Done--September 20, 2011
Impediment#1 Protected classes may experience disparities in home mortgage lending and high
cost loans.
No local action is required at this time.
Imoediment#2 There is inadequate information available to the real estate community, governments
and the public about fair housing requirements and enforcement procedures.
No local action is required at this time.
Imoediment#3 The public is not sufficiently aware of their Fair Housing rights and how to obtain the
assistance necessary to protect those rights.
1. Consistent with the Fair Housing Act, the State of Texas, and funded sub-recipients should continue
to promote and conduct events to celebrate April as Fair Housing Month, and direct sub-recipients
to do the same. These events can demonstrate support for fair housing and build awareness.
❑ We will commit to undertake Fair Housing Month activities. (Check all that apply.)
4 Passage of a resolution by our governing body.
The City of Baytown will pass a resolution and issue a proclamation identifying the month of
April as Fair Housing Month.
❑ Activities in schools.
4 Placing posters in public buildings.
The City of Baytown will post Fair Housing Month posters in public buildings, including City
Hall, the Municipal Services Center, Library, City Hall Annex, and the Baytown Housing
Authority where the public frequents.
4 Governing body will hold a special hearing to solicit input from the community.
The City of Baytown has a citizens committee, Community Development Advisory
Committee, appointed by the City Council that will hold a special public hearing to review fair
housing issues during Fair Housing Month.
❑ Other. Please specify.
1
When will you undertake these activities? ❑ 2011 4 2012 ❑ 2013
The City of Baytown passed a resolution on May 27, 2010 recognizing June as Fair Housing
Month for our jurisdiction. Starting in 2012, the City will undertake the above mentioned
activities on an annual basis. The resolution is attached in Exhibit 1.
❑ Not Applicable(Explain)
2. Consistent with the Fair Housing Act, the State of Texas and funded sub-recipients have historically
conducted fair housing activities at various times of the year and should continue to fund,
depending on sufficient appropriations, or collaborate with public and private agencies,
organizations and groups to plan and conduct fair housing activities.
We will conduct/sponsorlfund in fair housing activities at various times of the year
other than "April as Fair Housing Month".Attach a description of these activities and
identify the organizations and agencies you have worked with.
The City of Baytown funds and hosts Homebuyer Assistance Workshops every 6-8 weeks.
The curriculum includes a section on Fair Housing and discrimination, particularly in lending
practices and the location of housing. The workshop agenda and the section from the
participant handbook are attached in Exhibit 2.
The City of Baytown maintains a web page with contact information for the City's Fair
Housing Officer and an explanation of how people can submit complaints. The City also
distributes Tenant Rights brochures when conducting single-family and multi-family housing
inspections.
The City of Baytown accepts invitations from local agencies to present information about the
CDBG Programs, along with Fair Housing awareness. The City participates in at least two-
three of these awareness programs per year. Two notable events are a presentation to the
Bay Area Resource Association and an information booth at the annual Health and Safety
Fair.
When will you do this? 4 2011 ❑ 2012 0 2013
The City of Baytown has been and will continue to conduct these activities through 2013.
❑ Not Applicable (Explain)
Impediment#4 "Not in my Backyard" (NIMBY) may be an impediment to fair housing in Texas
communities.
1. NIMBY opposition needs to be anticipated and planning and outreach should occur on the front end
of projects. To mitigate defensive and reactive responses, planning should include strategies for
education, outreach and marketing that provide accurate information and promote the positive
aspects and benefits of affordable housing to build support among community residents.111
2. The Department of Housing and Urban Development(HUD) provides extensive information about
Fair Housing and examples at www.hud.gov. Generally communities should consider:
• Working with local officials, editorial boards, religious and civic organizations and other
community leaders to initiate education programs.
• Seeking opportunities to present information to community organizations by requesting to be
placed on their meeting agendas.
• Including a visit to the Group Home residence as part of an education program.
• Answering all questions.
2
• Talking with local neighborhood leaders, including elected representatives, and setting up a
neighborhood meeting.
• Setting up a liaison committee consisting of advocates, group residents, and neighborhood
residents to discuss issues.
• Identifying areas that meet AFFH targets where the community supports development, has
worked with community groups and potentially uses funds to assist the development of
multi-family affordable housing.
❑ We have developed an anti-NIMBYism action plan. [Attach a copy or description]
1f We will develop an anti-NIMBYism action plan. [Designate who will be responsible for
developing this plan.]
The City of Baytown will include an anti-NIMBYism action plan section in the City's Fair
Housing Plan. This will be developed by the Planning and Development Services
Department who is in the process of updating the City's Analysis of Impediments and Fair
Housing Plan.
When will you do this? �12011 4 2012 ; 1 2013
The City of Baytown will complete the update of the City's Analysis of Impediments and Fair
Housing Plan in the Spring of 2012.
0 Not Applicable (Explain)
Impediment#5 Certain governmental policies and practices may not meet current HUD policy
concerning affirmatively furthering fair housing. Jurisdictions should act to ensure
that their policies and procedures affirmatively further fair housing, address mal-
distribution of resources, and that they do not unnecessarily impact housing choice.
1. As part of certifying that a community is affirmatively furthering fair housing,jurisdictions that have
long-term infrastructure plans should review them to determine if the plan promotes racial
concentrations or otherwise inadvertently results in disparate treatment of members of protected
classes. While not intended to direct a community to hire a consultant, it is anticipated that a
community will review its long-term infrastructure plans as part of this recommended action. In
reviewing the project list(Appendix F of the Phase 1 Al)there are many projects that are listed as
being of community-wide benefit. The records do not indicate the actual location of projects or
provide adequate discussion of how the projects benefit the entire community.
We have a long-term infrastructure plan and will review the plan to determine if it
promotes racial concentrations or otherwise inadvertently results in disparate
treatment of members of protected classes as it relates to the availability of housing.
The City of Baytown will continue to monitor the Capital Improvement Plan to ensure that
projects do not promote racial concentration or result in disparate treatment of protected
classes.
When will you do this? 4 2011
The City of Baytown will continue this effort.
Li Not Applicable(Explain)
We have already collected information on the locations of protected populations and
have adequate information for insuring that new projects with "citywide benefits" will
not perpetuate illegal differences in treatment.
The City of Baytown has identified, via maps, concentrations of protected populations. The
City will continue to ensure that publicly-funded projects do not perpetuate illegal differences
3
in treatment. Maps displaying the locations and concentrations of protected populations are
attached in Exhibit 3.
0 We will use the information in the Al to ensure that proposed projects do not perpetuate
illegal differences in treatment.
When will you do this? U 2011
❑ Not Applicable (Explain)
2. As it has been determined under federal law that Fair Housing applies to all federal housing and
community development funds, to reduce"siloing"the fair housing component into only housing-
related programs, fair housing should be considered in all activities for all local community planning
staff.
0 We have determined that consideration of Fair Housing implications has already been
incorporated into all aspects of planning in this jurisdiction. [Please attach supporting
documentation.]
We will review and ensure that Fair Housing implications are addressed In all aspects
of planning in this jurisdiction in a manner consistent with the guidelines provided by
the state at the FHAST form training and maintain documentation of that review.
The City of Baytown will continue to review and ensure that fair housing implications are
addressed in this jurisdiction as outlined in the FHAST process and the City's Fair Housing
Plan.
When will you do this?4 2011 0 2012 0 2013
The City of Baytown has and will continue to identify and address fair housing issues in
project planning through 2013.
Not Applicable(Explain)
3. It would be beneficial for local elected officials to require senior staff of any subrecipient such as a
city or county—including managers and attorneys—to receive available Fair Housing training within
the first 12 months of their employment or engagement.
❑ We have a policy in place providing for all senior staff—including managers and attorneys—
to receive Fair Housing training within their first 12 months on the job, and for long-term
senior staff to receive regular updated training. [Attach copy of policy]
❑ We do not have such a policy and will develop and implement one.
When will you do this? F. 2011 ❑ 2012 ❑ 2013
Not Applicable(Explain)
The five staff persons responsible for administering the City of Baytown's regular
Community Development Block Grant Program and the City's Multi-Family Housing
Inspector have been trained on fair housing issues. The Staff persons participate in training
provided by the HUD Houston Field Office and other agencies multiple times per year. The
City will require the staff to complete fair housing training within the first 12 months of their
initial employment as the training is available.
The Baytown Housing Authority staff also receives Fair Housing training when made
available by HUD and/or the National Association of Housing and Redevelopment Officials.
4. As part of what is usually a common initial training by the associations that provide education
opportunities for newly-appointed board members or newly-elected council or commissioners court
4
members of cities and counties, the state should request that training include specific information
on the Fair Housing Act—with a discussion of affirmatively furthering fair housing obligations.
No local action is required at this time.
5. Local communities should consider limiting the concentration of infrastructure improvements like
wastewater treatment, solid waste disposal, or similar necessary but not desirable infrastructure
projects in residential areas where there are concentrations of protected classes.
We have an official policy that limits the concentration of certain infrastructure
Improvements. [Attach a copy.]
The City of Baytown has a zoning code that restricts the location and concentration of
certain infrastructure improvements from being located in and near residential areas.
Wastewater treatment, solid waste disposal, chemical plants, and the like are only allowed
in Light Industrial or Heavy Industrial zones. Developments in the Heavy Industrial Zone
must not abut existing residential development, unless they are separated by a major
arterial or major thoroughfare. The zoning code does not limit the concentration of
infrastructure but provides protection to all residential areas from certain infrastructure
development and improvements. The entire zoning code can be found at
www.municode.com for the City of Baytown, Texas. An excerpt with the purpose of the
zoning code is attached in Exhibit 4.
❑ We have official policies and procedures that take the location of protected classes into
account when deciding where to locate undesirable infrastructure improvements. [Attach a
copy.]
❑ We do NOT have limits on the concentration of undesirable infrastructure improvements or
policies and procedures that take the residential location of members of protected classes
into account, but will develop formal limits or official policies and procedures.
When will you do this? 2011 �-1 2012 n 2013
❑ Not Applicable(Explain)
6. Communities electing to provide publicly financed housing incentives should be requested to call for
recipients to engage in affirmative marketing.
❑ We have a policy requiring Affirmative Marketing Plans from developers seeking tax
abatements or other supports for new housing.
❑ We do not have such a policy and will develop and implement one.
When will you do this? U 2011
Not Applicable(Explain)
The City of Baytown does not provide publicly financed housing incentives. Developers may
seek assistance from the Harris County Housing Finance Corporation or Southeast Texas
Housing Finance Corporation for publicly financed housing incentives in the Baytown area.
If the City elects to provide such incentives in the future, the City will require Affirmative
Marketing Plans from developers.
7. If a jurisdiction is a non-entitlement community,when working in LMI areas to replace roads or other
infrastructure, the jurisdiction should consider making application for additional sources of funding
to provide assistance to repair substandard housing associated with the project(i.e., TDHCA or
HUD.)
(:J We formally consider accessing supplementary funds when infrastructure proposals are
developed. [Attach policies.]
5
❑ We have not consistently done this in the past and we will develop a process to formally
consider making housing funding applications when funds for infrastructure projects are
sought.
When will you do this? ❑ 2011 U 2012 U 2013
Not Applicable(Explain)
The City of Baytown is an entitlement community. The City's annual CDBG grant provides
housing rehabilitation for low to moderate-income persons regardless if whether there are
infrastructure projects planned.
8. Most infrastructure projects take into account items like curb cuts, sidewalks, hearing and visually
impaired indicators at intersections. When approving non-federally funded projects, similar special
needs construction should be required for infrastructure improvements. Projects should also
address other legacy discrimination issues, such as accessibility in public areas like courthouses,
community centers and other high traffic areas.
We currently require that applications for non-federally-funded infrastructure projects
are ADA compliant and address other legacy discrimination Issues.
Locally-funded street projects include wheelchair ramps where possible and tactile warning
systems to assists hearing and visually impaired persons. The City's Public Works
Department and Engineering Department are trained in ADA compliant design and
installation. Also. all of the city-owned public buildings are accessible.
❑ We do not have such a requirement. We will develop one.
When will you do this? ,J2011
F1 Not Applicable (Explain)
9. Each jurisdiction applying for Community Development Block Grant funds or other federal housing
and community development funds should submit a Fair Housing Activities Statement-Texas
(FHAST)with their application, reviewing their infrastructure needs and housing needs and how the
proposed activity promotes fair housing or results in more equitable treatment of protected classes.
Projects with community-wide benefits should be accompanied by explicit commitments on the part
of the local jurisdictions to undertake additional activities to affirmatively further fair housing along
with a monitoring and reporting process.
We submit a FHAST form.
The City of Baytown will submit a Fair Housing Activities Statement -Texas.
When will you begin to do this?4 2011
The City of Baytown will submit the FHAST Form with the application for Round 2.2 of
CDBG Disaster funds in December 2011.
U Not Applicable(Explain)
10.As part of the non-housing disaster recovery program,jurisdictions should consider low-income
areas and areas populated principally by members of protected classes to determine the potential
for flooding and consider making infrastructure expenditures to help protect the impacted
communities—including colonias.
We have reviewed LMI areas and areas populated principally by members of
protected classes, and prioritized infrastructure expenditures to help protect the
Impacted communities—including colonias.
6
The City of Baytown has identified areas where 51% of the persons are low to moderate-
income and those areas with minority concentrations. Maps are attached in Exhibit 3. All
infrastructure projects funded by CDBG dollars are undertaken in those areas. The projects
preliminarily identified for Round 2 of the non-housing disaster recovery program will
minimize the negative impact of flooding in the LMI areas. During Hurricane Ike. the Central
District Waste Water Treatment Plant, flooded and failed to function. This particular plant
serves the area highly populated by members of the protected classes and a majority of
those residents are low to moderate income. The disaster funds will make the necessary
repairs to prevent future flooding and failure of the treatment plant, as this is a priority for the
City
0 We have not done this in the past but will conduct such a review and consider these
infrastructure projects in the future.
When will you do this? 0 2011
0 Not Applicable(Explain)
11. If applicable, all policies should be reviewed regarding denying applicants' access to disaster
recovery CDBG funds if their residence is located in the flood plain. If the policy does not allow
participation by restricting building in flood plains, then the policy should be assessed to see if
altemative housing programs could be implemented for the residents. Local jurisdictions should
analyze the results and see if protected classes are more frequently harmed by flood plain
restrictions. This action does not apply to the GLO CDBG Disaster Relief Fund that limits property
purchase "unless TXCDBG receives satisfactory evidence that the property to be purchased was
not constructed or purchased by the current owner after the property site location was officially
mapped and included in a designated flood plain."
0 We have completed this review and analysis and will take action on our findings.
❑ We have not completed this review and analysis. We will do so and take appropriate actions
based on our findings for Round 2 programs.
When will you do this? E 2011
Not Applicable(Explain)
The City of Baytown does not administer disaster recovery CDBG funds for residential
development. This program is handled by Harris County, therefore the City has no control
of accepting or denying applicants regarding their residence in the floodplain.
12.When an entire community is in a flood plain, the community should establish clear standards that
allow for proper elevation or relocation, and that also allows for visibility/special needs
considerations consistent with state13)and federal law.
F1 We have established clear standards that allow for proper elevation of homes or for
relocation, and also allow for visibility/special needs considerations consistent with state and
federal law. [Attach documentation.)
0 We have not developed these standards but will do so for Round 2 programs.
Not Applicable(Explain)
The City of Baytown has ample developable land that is not confined to the flood plain as
evidenced in the attached CDBG Target Area and Flood Plain map in Exhibit 5.
Texas Government Code Section 2306.514
7
13. Local jurisdictions that accommodated the relocation of disaster survivors resulting in
concentrations of protected class survivors in specific areas should establish Moving to Opportunity
Programs and include renters in their Moving to Opportunity Programs as defined under Round 2.
o This action step applies to our jurisdiction. We will establish a Moving to Opportunity
Program for disaster survivors as part of our Round 2 housing recovery program.
When will you do this? ❑ 2011
Not Applicable(Explain)
The City of Baytown did not accommodate the relocation of disaster survivors.
14. Consistent with the process established in the Conciliation Agreement, local jurisdictions and state
agencies should work together to determine a demographic and economic profile of victims of the
natural disaster and establish goals for assisting these populations in no less that the proportions
they were impacted by the disaster. These goals should be performance goals and disaster
recovery funds should be extended incrementally in a manner to ensure that these populations are
equitably assisted with benefits.
We will cooperate with state agencies to carry out this action step.
When will you do this?4 2011
❑ Not Applicable (Explain)
The-City of ytowa-did-noNdentify-spesifis visti
have any-dreg-cis to -a6sistaAGe to ViGtiM6. The Gity is seeking to utilize di6asteF
fesevey fuFK'
te-uiFtims-
15.All infrastructure programs funded with disaster recovery funds should be designed so that any
publicly accessible infrastructure projects and associated facilities are fully accessible to persons
with disabilities.
D We have established clear policies and procedures to insure that all infrastructure programs
funded with disaster recovery funds will be designed so that any publicly accessible
infrastructure projects and associated facilities are fully accessible to persons with
disabilities. [Attach documentation.]
❑ We have not developed these standards and policies; we will do so for Round 2
infrastructure projects. The person or entity responsible for developing these standards will
be
When will you do this? �-j 2011
Not Applicable(Explain)
The City of Baytown seeks to use disaster funds for a wastewater treatment plant. Though it
is a public infrastructure project, it is not intended to be accessible to the public.
16. Consistent with the Conciliation Agreement, family and elderly public housing units damaged or
destroyed by the disaster should be reconstructed or repaired in a manner that affirmatively furthers
fair housing utilizing disaster recovery funds within 24 months of approval of the initial application
for disaster recovery assistance for the local jurisdiction.
We affirm that family and elderly public housing units damaged or destroyed by the
disaster will be reconstructed or repaired in a manner that affirmatively furthers fair
housing utilizing disaster recovery funds within 24 months of submission of the
initial application for disaster recovery assistance by the local iurisdiction.
8
Not Applicable(Explain)
The City of Baytown has not and does not intend to utilize disaster recovery funds for public
housing units. However, the Baytown Housing Authority, a separate entity, intends to apply
for disaster recovery funding to construct units that were lost and/or damaged within 24
months of receiving funding.
diGasteF ,, funds
SGUFGes.The"Ise Ise have not-applied bffRgo
Impediment#6 Governmental entities at all levels do not appear to have been proactive in the
enforcement of both the Fair Housing Act and the obligation to affirmatively further
fair housing. The State and subrecipients should implement a robust and effective
structure for identifying and pursuing suspected violations.
1. Given the potential for increase in Fair Housing enforcement action by federal and state agencies
and private organizations, an ongoing fair housing testing program for areas that receive federal
housing and community development funds could be beneficial to protect state agencies and sub-
recipients from potential repayment. Fair housing enforcement is a valid use of CDBG funding
and can be used to establish testing programs by agencies trained in HUD testing procedures.
The state, or local jurisdictions combining together, should consider conducting tests in areas that
include the following: steering in sales and rental; the denial of and different terms and conditions
based on race, national origin, familial status, and disability in sales and rental; predatory and
disparate terms and conditions in lending and insurance; and foreclosure modification schemes
targeting minority neighborhoods. The state should also consider education to applicable entities
on self-testing and self-correction.
❑ We currently have a testing program for Fair Housing violations. For more
information.
We do not have a testing program for Fair Housing violations and plan to
establish one.
The City of Baytown will seek opportunities to partner with larger agencies, such as
Harris County or TDHCA, to provide a testing program for Fair Housing violations in
our area. Another option is to coordinate with non-profit agencies who conduct the
testing in the greater Houston area to make visits to our jurisdiction and provide
feedback for our consideration.
When will you do this? '-! 20114 2012 D 2013
The City of Baytown will research opportunities following the completion of the
FHAST process and the City's Analysis of Impediments.
C Not Applicable (Explain)
2. TDHCA should, as a pilot program, allocate funds to independent third parties or a combined
jurisdiction team identified in point 1 of this section to provide similar testing to determine if
additional enforcement is necessary.
No local action is required at this time.
3. Impacted agencies that provide certification that they are affirmatively furthering fair housing as
required by federal law, should consider publishing a public document on enforcement that
provides the public and communities with a clear description (and chart) of the state and Federal
Fair Housing Act.
9
On documents concerning housing and community development programs that are
provided to the public, we will list fair housing enforcement contacts and procedures
consistent with the State suggested language when it is provided in 2011.
The City of Baytown maintains a web page that includes a fair housing complaint process
and lists various contacts to report fair housing violations. The process is also outlined in
the current and draft Analysis of Impediments and Fair Housing Plan. If additional language
is provided by the State, the City will revise the web page accordingly.
The Baytown Housing Authority (BHA) includes fair housinq information in its Admissions
and Continued Occupancy Policy for Public Housing residents. BHA also includes fair
housinq information in the Administrative Plan for the residents of the Housing Choice
Voucher Program. The policy manuals are available to the public during business hours in
the office lobby. BHA is in the process of updating its website and will include fair housing
information on that site as well as in the policy manuals. BHA also provides fair housing
documents to residents as part of their orientation for housing assistance.
When will you do this?4 2011
0 Not Applicable (Explain)
4. Each community should place on its website (if one is available)the contact, at the local, state,
and federal levels, for reporting a Fair Housing complaint, if citizens believe they were victims of
housing discrimination.
We have published the contact information—at the local, state and federal levels—for
reporting a Fair Housing complaint. [Attach a copy or URL.j
The City of Baytown maintains a web page that includes a fair housing complaint process
and lists various contacts to report fair housing violations. The process is also outlined in
the draft Analysis of Impediments and Fair Housing Plan. An overview of the process and
complaint form can be found at http://www.baytown.org/business/comdev/fair-housing. A
copy of the actual web page, prior to the FHAST process, is in Exhibit 6.
❑ We have not done so but will do so.
When will you do this? ❑ 2011
❑ Not Applicable (Explain)
5. Each local jurisdiction should publish on its website a clear statement, approved jointly by TDHCA,
expressing the jurisdiction's obligation to affirmatively further fair housing and providing a method
for reporting suspected noncompliance to the state and to HUD. The jurisdiction's contact person
should be able to refer to clear local Fair Housing procedures for the complaint process, keep logs
and records of all inquiries, allegations, complaints and referrals. These reports should be sent to
the appropriate funding agency. Where these reports show that a jurisdiction has administered
programs inconsistently with the Al and had the effect of discouraging applications from members
of protected classes who are deemed eligible under the plan for assistance, affirmative marketing
plans should be developed and submitted to the appropriate agency.
We have published a policy statement expressing our jurisdiction's obligation to
Affirmatively Further Fair Housing. [Attach a copy or URLJ
The City of Baytown maintains a web page that includes a fair housing complaint process
and lists various contacts to report fair housing violations. This web page, along with the
draft Analysis of Impediments and Fair Housing Plan, constitutes the City's policy statement
regarding our obligation to affirmatively further fair housing. The process and complaint
form can be found at http://www.baytown.org/business/comdevtfair-housing. The web page
10
in Exhibit 6 has been revised to include a link to the FHAST information. It is located at
http://www.baytown.org/content/cdbu-disaster-recovery-program and included in Exhibit 7.
The Baytown Housing Authority has an Admissions and Continued Occupancy Policy for
Public Housing that includes their fair housing policy and how they will make any reasonable
accommodations for those with disabilities. BHA also has a similar document for the
Housing Choice Voucher Program. The program's Administrative Plan discusses_non-
discrimination and affirmatively furthering fair housing, along with a list of the applicable
federal laws and regulations. Excerpts of both documents are attached in Exhibit 12.
n We will publish a policy statement consistent with the language the State provides in 2011.
When will you do this? _-- 2011
❑ Not Applicable (Explain)
We have developed clear procedures for the Fair Housing complaint process. [Attach a
copy]
The City of Baytown maintains a web page that includes a fair housing complaint process
and lists various contacts to report fair housing violations. A copy of the complaint form is
attached in Exhibit 8. An overview of the complaint process and complaint form can be
found at http://www baytown.org/business/comdev/fair-housing.
o We will develop clear procedures for the Fair Housing complaint process once more
guidance in given by the State in 2011.
When will you do this? 112011
Ll Not Applicable (Explain)
We keep complete logs and records of all Fair Housing Inquiries, allegations,
complaints and referrals and have a policy statement about these legal records.
Annually, the City of Baytown reports all fair housing complaints to HUD. The City also
keeps records of all fair housing inquiries, allegations, and complaints. All records involving
CDBG programs, including fair housing, is kept in accordance with the CDBG record
retention policy requiring the files to be retained for five years.
0 We will begin keeping required logs and records.
When will you do this? U 2011
U Not Applicable (Explain)
We have remedial procedures for developers, landlords, home sellers and others
whose actions may be inconsistent with Fair Housing laws and regulations.
If a complaint can not be resolved locally by the City's Fair Housing Officer, the complaint is
submitted to HUD's Fair Housing Enforcement Section.
U We do not have remedial procedures but will develop them. The agency or person who will
be responsible for developing these procedures is
When will you do this? C,' 2011
U Not Applicable(Explain)
Impediment#7 Many local jurisdictions have zoning codes, land use controls, and administrative
practices that may impede fair housing choice and fail to affirmatively further fair
housing.
1. The law anticipates that ordinances creating disparate impact should also be reviewed for
change. If a disparate impact is determined to exist by the local jurisdiction, it could repeal or
amend the restriction, use public funds to offset the cost through homebuyer assistance programs,
or waive fees or other offsets to make the home more affordable.
We recently conducted or updated a Fair Housing Review of our ordinances and
codes.
The City of Baytown has recently reviewed its ordinances and administrative policies to
determine their impact on affordable housing. The City found that there were no policies
that contributed to the concentration of racial/ethnic minorities and no city building codes or
ordinances that would lirnit the development or improvement of affordable housing in
Baytown.
❑ We have not done so but will conduct a review.
_1 We have a policy statement/guidance for those responsible for developing codes/ordinances
that reminds them to consider and document the Fair Housing/AFFH implications of any
new rule.
❑ We do not have such a policy/guidance but will develop one when suggested guidelines are
provided by the State in 2011.
When will you do this? :1 2011
o Not Applicable(Explain)
2. To help limit concentrations that could be considered impediments to affirmatively furthering fair
housing,jurisdictions that have long term planning documents for housing growth or
redevelopment, or revitalization plans, should consider allowing or encouraging mixed income
affordable housing in the plan and provide incentives for development of this type of housing in
areas that are not concentrated.
We recently conducted a Fair Housing Review and tooklare taking appropriate action
concerning our planning documents. [Attach a list of plans reviewed, a summary of
findings, and actions you will take to remove impediments]
The City of Baytown reviewed planning documents, such as the City's Comprehensive Plan,
Consolidated Plan, and a 2010 Housing Study conducted by Community Development
Strategies for the Baytown/West Chambers County Economic Development Foundation,
and has determined that there is a sufficient number of affordable housing units in Baytown.
However, there is an affordability mismatch due to a shortage of mid-priced housing. A
summary of the findings and actions to remedy identified impediments is outlined in the draft
Analysis of Impediments and Fair Housing Plan.
❑ We have not done so but will conduct a Fair Housing Review after the State provides
suggested guidelines in 2011.
When will you do this? h 2011
❑ We have identified residential areas that show concentrations or underrepresentation of
protected groups, and we encourage mixed-income affordable housing and other strategies
to widen housing choice throughout our jurisdiction.
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❑ We have not done so but will include this in our FHAST plan once guidelines are provided
by the State in 2011.
When will you do this? '1 2011 112012 ❑ 2013
0 Not Applicable(Explain)
3. Local jurisdictions seeking CDBG Disaster Recovery funds from the state should consider offering
expedited permitting and review processes for affordable housing projects within high opportunity
target zones.
0 We currently offer incentives to developers to locate affordable housing projects in high
opportunity neighborhoods and prevent over-concentration.
0 We have not done so but will.
When will you do this? E 2011 11 2012 ❑ 2013
Not Applicable(Explain)
The City of Baytown does not have high opportunity target zones, however, expedited
permitting and review is available upon request by developers.
Impediment#8 Inadequate planning for re-housing after an emergency situation creates a situation
where persons who are uninsured or under-insured, low income, or special needs
can be displaced for long periods of time.
1. Some legislators, the Sunset Commission, and communities acknowledge that while temporary
disaster housing is a federal program, Texas should continue to provide guidance to local
governments on additional planning that needs to be done as part of the emergency preparedness
planning to most efficiently work with FEMA.
No local action is required at this time.
2. As much of what FEMA has previously offered is travel trailers or manufactured housing, local
governments should review their zoning requirements or other land use provisions that restrict
temporary housing or housing on an existing lot during the building process and look at potential
waivers that do not risk or negatively impact health, safety, and welfare during a period after
disasters so that low income persons can move back to their existing communities with temporary
housing while waiting for redevelopment.
We have reviewed our zoning requirements and other land use provisions and have
provided waivers or other accommodations for post-disaster housing.
The City of Baytown passed ordinances #10.968 Post Disaster Management and#11,041
Emergency Waiver for Post Disaster Temporary Accommodations on September 22, 2008
and January 8, 2009, respectively. Both ordinances provide residents a mechanism to
utilize temporary housing units, such as travel trailers or manufactured homes, while
rebuilding their primary structures. A copy of those ordinances is included in Exhibit 9.
❑ We have not done so but will review our zoning and look at potential waivers.
When will you do this? C 2011 [1 2012 ❑ 2013
❑ Not Applicable (Explain)
Impediment#9 There are impediments in public and private actions and private attitudes to housing
choice for persons with disabilities.
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1. To meet federal Fair Housing requirements for zoning and neighborhood uses,jurisdictions
should look to determine if there are direct or indirect limitations in codes that would prevent
facilities or personal residences from providing assistance or communities of choice or service-
enriched environments that directly impact special needs persons.
2. Local jurisdictions should work to ensure that zoning or code requirements do not
unnecessarily impose stricter commercial building requirements, such as emergency access or
protection services, on group homes, thereby dramatically increasing housing costs for
persons with special needs.
We have reviewed our codes and ordinances and have addressed/are addressing any
impediments relating to special needs persons, including (1) rules that might prevent
facilities or personal residences from providing assistance or communities of choice
or service-enriched environments that directly impact special needs persons, and (2)
rules that might unfairly increase the costs to special needs persons.
The City of Baytown has recently reviewed its ordinances and administrative policies to
determine their impact on all potential fair housing issues. The City found that there were
no policies that negatively impact special needs persons and their housing choices.
o We have not done so but will conduct a review and address any impediments identified
once guidelines are provided by the State in 2011.
When will you do this? u 2011
Not Applicable(Explain)
3. Local jurisdictions should consider coordinating with the legislatively created Housing and
Health Services Coordination Council for best practices on working with supportive services.
We agree to coordinate with the legislatively created Housing and Health Services
Coordination Council staffed by TDHCA for best practices on working with supportive
services.
The City of Baytown agrees to coordinate with the State to ensure our residents have
access to appropriate supportive services.
When will you do this? :120114 2012 C] 2013
il Not Applicable(Explain)
Impediment#10 There are barriers to mobility and free housing choice for Housing Choice Voucher
holders including: inadequate tenant counseling services and mobility assistance,
failure of PHAs to apply for the FMR pilot demonstration funds, and government
policies, procedures, and regulations that tend to decrease participation by private
housing providers and to restrict available housing to "racially or low-income
populated neighborhoods"with little access to economic, educational, or other
opportunity.
No local action beyond compliance with Round 2 Housing Guidelines is currently
required but communities are encouraged to work with local public housing
authorities to understand and overcome these impediments.
Impediment#11 Loss of housing stock in Hurricanes Dolly and Ike compounded the shortage of
affordable housing in disaster recovery areas. This shortage is particularly acute in
safe, low-poverty neighborhoods with access to standard public services,job
opportunities and good schools.
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No local action is required at this time. TDHCA will develop a statewide strategic
plan including guidance for local jurisdictions on the following Action Steps in
2011.
1. To help offset the costs of developments that feature reduced rents without government
support, local jurisdictions should consider establishing density bonuses to allow for higher
levels of units per site for multifamily developments and single-family developments that
propose increased affordability.
2. TDHCA and HUD have developed programs that preserve affordable housing. Continuing in
this vein, the state and local jurisdictions should work to preserve existing affordable housing
development and discourage them from converting to market rate housing. Requirements
should be included in all publicly funded developments providing tenants with early and clear
notification of the intention of management to convert to market rate housing and providing first
right of refusal to nonprofit and public entities and organizations to purchase units to maintain
affordability.
3. The state and local jurisdictions should consider using CDBG funds to buy down the cost of
land in high-cost and high-opportunity development areas to increase affordable housing
options in these areas.
Impediment#12 Lack of financial resources for both individuals and housing providers limits Fair
Housing choice. Using an effective program under Section 3 of the Housing and
Urban Development Act of 1968 may help members of protected classes gain
economic opportunities necessary to allow them to exercise fair housing choice.
1. The state is maximizing its resources in Round 2 of the Ike/Dolly funding to affirmatively further
fair housing in single family and multi-family developments. As called for in the Conciliation
Agreement, the state is looking to provide more integrated housing options for persons in
racially concentrated or poverty concentrated neighborhood groups. In single-family programs,
the state should require subrecipients to offer the opportunity to relocate out of floodplain areas,
concentrations of racial minorities, or concentrations of poverty—through the Homeowner
Opportunity Program. Any relocation should be into an area that does not result in simply
relocating the high-concentration from one area to another.
Local jurisdictions will be responsible for complying with Section 3 as part of their
contract with the state.
2. Jurisdictions receiving federal funds from HUD, directly or indirectly, should ensure they have a
compliant Section 3 program to meet HUD requirements regarding notification to LMI eligible
persons of potential job creation at the impacted neighborhood level with federal funds.
Cl We have in place a Section 3 program that meets the requirements of federal law and
regulations regarding potential job creation at the impacted neighborhood level and the use
of federal funds to hire local LMI eligible persons. We confirm that appropriate staff persons
in this jurisdiction have already received training on Section 3, regarding job creation for
local LMI persons including members of protected classes. [Attach Section 3 plan and list of
staff names and training dates]
We have not done so but will develop a Section 3 program that meets the
requirements of federal law and regulations and that ensure appropriate staff receive
training.
The City of Baytown has a limited Local Opportunity Plan that encourages Job creation for
local low to moderate income eligible persons. However, a formal Section 3 Program will be
developed that meets the requirements of federal law. T*e-6ity-e Ba�4GwA will develop a
is
vireFnents-ef-federal-law- In the past, the City
has not issued any single contracts that exceed $100,000 for housing rehabilitation or public
infrastructure using federal funds from HUD. However, we encourage local contractors as
well as low to moderate income persons to participate in contracting opportunities with the
City. During the mandatory pre-bid conferences we hold for housing rehabilitation projects,
we educate the contractors about Section 3 and encourage them to seek Section 3 certified
employees and subcontractors.
When will you do this?4 2011
The City of Baytown will begin developing a policy in 2011.
Impediment#13 Location and lack of housing accessibility and visibility standards within political
jurisdictions limits fair housing choice for persons with disabilities.
1. Local jurisdictions should consider establishing incentives for affordable housing applicants to
create an increased set-aside of housing units for persons with disabilities or persons who are
elderly without violating the existing TDHCA integrated housing rule.
2. TDHCA and local jurisdictions should consider adding proximity to medical facilities as a scoring
incentive for competitive programs using federal funds for proximity to medical facilities.
3. TDHCA should require that all federally funded housing construction be built to accessibility
standards found in Texas Government Code§2306.514.
11 We have formally considered: 1)establishing incentives for affordable housing developers to
create an increased set-aside of housing units for persons with disabilities or persons who
are elderly without violating the existing TDHCA Integrated Housing Rule; 2) providing point
incentives for units in proximity to medical facilities for competitive programs using federal
funds; and 3)requidng new housing built with federal funds to be built with structures that
allow for accessible features, regardless of whether the original occupant needs the
features, as called for by state law. [Attach documentation of the review and resulting
actions.]
We have not undertaken the above review, but plan to do so.
When will you do this? C 20114 2012 i? 2013
The City of Baytown uses CDBG funds to rehabilitate and/or reconstruct single-family
homes. Those projects are to repair or replace the unit for the eligible low to moderate-
income resident. To administer this program, the City does not work with affordable housing
developers or utilize funds from TDHCA. If the City chooses to participate in TDHCA's
affordable housing programs, incentives will be considered to encourage the location and
lack of housing accessibility for persons with disabilities.
❑ Not Applicable (Explain)
The City of Baytown uses GD6G funds tO Fehabilitate and!OF FeGon6tFUGt single family
6 nGOme Fe6ident. Te administw this PFOgFam, the City does nOt WGFk with affgFdable hewsiAq
developers ewtilize funds-ffom-T9HGA-.
Impediment#14 Many colonias residents live in developments that have insufficient infrastructure and
protections against flooding and are impacted by flooding beyond events like
Hurricanes Dolly and Ike.
1. The state, COGs, and local jurisdictions should examine the infrastructure needs in colonias, in
particular the use of CDBG disaster recovery funds to provide drainage improvements to correct
16
flooding problems in the wake of Hurricane Dolly, and the historical provision of public infrastructure
and housing assistance to meet those needs in border and non-border colonias.
D We have identified the unserved infrastructure needs of colonias within our jurisdiction and
whether these infrastructure improvements are eligible for disaster recovery funding and, if
so, whether those projects will be funded.
D We have not undertaken the above review, but plan to do so.
When will you do this? L. 2011
Not Applicable(Explain)
The City of Baytown does not have any border or non-border colonias located within our
jurisdiction.
Impediment#16 Minority neighborhoods in disaster areas are primarily served by non-regulated
insurance companies that do not adhere to underwriting guidelines and may be
discriminated against in the provision of insurance. Texas has passed aggressive
statues to prevent insurance"redlining." National research indicates that protected
classes face unwarranted disparities in the cost of insurance, the amount of
coverage, and cancellation of policies without notice to the homeowner.
No local action is required at this time.
Impediment#16 Many jurisdictions do not have adequate Analysis of Impediments to Fair Housing or
Fair Housing Plans, and do not keep sufficient records of their activities.
1. Recipients of CDBG funds from HUD for housing should maintain records as required by the Fair
Housing Act, HUD regulations, and the Conciliation Agreement in order to document that they are
carrying out their commitments and affirmatively furthering fair housing.
We currently maintain all required records to document our AFFH actions and
compliance with Fair Housing laws, HUD and State regulations, and the Conciliation
Agreement. [Attach details of the records now kept and identify the person or entity
responsible for keeping these records.]
The City of Baytown's Planning and Development Services Department will maintain all
records that support its efforts to affirmatively further fair housing and to reduce all identified
impediments. These records include:
\t The Analysis of Impediments to Fair Housing Choice and Fair Housing Plan;
\1 The Consolidated Plan that outlines the priorities and goals for using federal funds;
J Transcripts of public hearings and citizen comments;
List of groups participating in the formulation of the Annual Action Plan;
-v' Fair Housing inquiries, allegations, complaints and their disposition and;
Publicly accessible progress reports, including the Consolidated Annual Performance and
Evaluation Report (CAPER) for HUD funding and annual progress reports regarding
actions undertaken to eliminate fair housing impediments.
o We have not done so but do so in compliance with GLO guidance.
When will you do this? Ci 2011 ❑ 2012 0 2013
0 Not Applicable (Explain)
2. As required under the Conciliation Agreement, the State will conduct a new Statewide Al after
HUD approval of the Phase 1 Al. Entitlement communities should conduct new Als or update
current Als to ensure that they address all recommended data and issues and specifically address
issues related to all protected classes under the Fair Housing Act. Race and national origin, as
17
well as the other protected classes, must be identified independent of low and moderate-income
categories in order to understand the impact of actions, practices, regulations, ordinances, and
other factors on them.
We recently completed a formal Analysis of Impediments, are currently updating an
existing Al, or are conducting our first Al. [Attach most recent Al or draft.]
The City of Baytown is in the process of updating the Analysis of Impediments and Fair
Housing Plan. The FHAST Form will be incorporated in the final version of the City's Al
once it's accepted. The goal is to complete the Al by Spring of 2012. The cover of the
existing Al is included in Exhibit 10 and the pending draft of the new Al is included in Exhibit
11.
❑ We are using the FHAST form process to analyze our impediments to fair housing and plan
how to address them.
When will you do this? 2011
Cj Not Applicable (Explain)
Alternative or additional Local Action Steps developed by this iurisdiction: To address unique
impediments to fair housing within each community, local jurisdictions are encouraged to develop
alternative action steps to be adopted in lieu of or in addition to those set out in the State of Texas Interim
Analysis of Impediments to fair housing. If your jurisdiction elects to propose alternative or additional action
steps, please describe them below.
We plan to take additional Action Steps, described in an Attachment.
The City of Baytown will take additional steps to affirmatively further fair housing as
indicated in the draft of the City's Analysis of Impediments and Fair Housing Plan.
�l We will not take additional FH Action Steps at this time.
When will you do this? i 2011 [12012 2013
i.l Not Applicable(Explain)
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