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Op-Ed

Will the Supreme Court Evict Fair Housing Law?

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Charlene Crowell

By Charlene Crowell
NNPA Columnist

 

Although a series of civil rights laws were enacted in the 1960s, in the 21st Century many of these victories continue to face legal challenges. On January 21, one such challenge was heard by the United States Supreme Court. By the time the Justices rule in the case of Texas Department of Housing v. Inclusive Communities Project, the nation’s Fair Housing Act of 1968 will either be gutted or strengthened.

Lawyers argued whether the Fair Housing Act was intended to apply only to intentional discrimination or whether policies and practices that lead to exclusionary racial patterns are within the scope of the law, causing “disparate impact.”

In 2008, The Inclusive Project, a nonprofit organization that advocates fair and affordable housing in the Dallas metro area, sued the Texas Department of Housing and Community Affairs. It charged the state agency with perpetuating racial disparities violating fair housing by the way it used an indirect federal subsidy called Low-Income Housing Tax Credits (LIHTCs). The tax credits, used across the country to support permanently affordable rental housing options for low-income families, were alleged in Texas to target minority areas while excluding them in predominantly White ones.

In March 2014, the U.S. Federal Fifth Circuit of Appeals agreed with The Project. Undaunted by the appellate decision, in May 2014, the Texas agency petitioned the U.S. Supreme Court.

Since then, amicus or “friend of the court” briefs have been filed by a number of diverse organizations that include AARP, Hope Enterprise Corporation, Howard University School of Law Housing Clinic, Judicial Watch, Lawyers’ Committee for Civil Rights Under Law, NAACP Legal Defense and Education Fund, National Black Law Students Association, the National Fair Housing Alliance and the Center for Responsible Lending (CRL).

Fair housing advocates have raised their voices and organized protests to mount pressure that conveys just how important fair housing is to the nation’s citizens and its economy.

Speaking at a January 21 midday rally organized by the National Fair Housing Alliance and held on the steps of the U.S. Supreme Court, Nikitra Bailey, senior vice-president with CRL said, “Today the question before the Supreme Court is a simple one: Will the court stand on the side of justice and fairness by upholding disparate impact as a critical tool under the Fair Housing Act, or will it take a step backwards in our nation’s storied history and allow rampant discrimination in housing and finance markets to go unchecked?”

“The answer for the court should be easy,” continued Bailey. “Disparate impact is a longstanding safeguard for fairness – it simply requires that policymakers, banks and other housing service providers pick the fairest option to avoid discrimination.”

Myron Orfield, a professor of law and director of the Institute on Metropolitan Opportunity at the University of Minnesota, was equally direct on the issue in a recent blog.

“If the Supreme Court holds that there is no disparate impact cause of action under the Fair Housing Act, it will remove the single most effective tool available to fight discrimination and segregation,” concluded Orfield.

In recent years, two other cases with essentially the same arguments were settled before the Roberts Court could rule. In this third case, the likelihood of a settlement appears remote.

Key federal agencies have fully embraced disparate impact as central to their work. For example, in a 2012 address before the National Community Reinvestment Coalition, Richard Cordray, director of the Consumer Financial Protection Bureau, said, “We cannot afford to tolerate practices, intentional or not, that unlawfully price out or cut off segments of the population from credit markets.”

Less than a year later in February 2013, HUD issued its own disparate impact rule holding that housing discrimination and lending occurs not only by intent; but also by effect. At the time, HUD Secretary Shaun Donovan said, “Through the issuance of this Rule, HUD is reaffirming its commitment to enforcing the Fair Housing Act in a consistent and uniform manner. This will ensure the continued strength of one of the most important tools for exposing and ending housing discrimination.”

Earlier mortgage research by CRL found that racial disparities really meant that communities of color bore a disproportionately large share of foreclosures, lost wealth, and deteriorating quality of life. African-American and Latino borrowers were, respectively, 2.8 and 2.3 times as likely to receive a mortgage loan with a prepayment penalty – even though many of these borrowers could have qualified for more affordable and sustainable loans. At the height of the foreclosure crisis, borrowers of color were also foreclosed at rates nearly double that experienced by Whites.
With such broad and strong support for disparate impact and research revealing its harms, if the Supreme Court takes the more narrow approach of intentional discrimination as it relates to the Fair Housing Act, the multiple and rippling effects may reverse fair housing’s hard-fought gains.

As Marc Morial, president and CEO of the National Urban League recently wrote, “I think all fair-minded people would agree that we should not allow these types of discriminatory outcomes to persist. Private civil rights attorneys, state Attorney Generals, federal enforcement agencies and others continue to work diligently to ensure that those practices are a part of the past – and not our future.”

 
Charlene Crowell is a communications manager with the Center for Responsible Lending. She can be reached at Charlene.crowell@responsiblelending.org.

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Commentary

California Respects the Power of Your Vote

As California Secretary of State, I do not take the progress we have made over the years lightly. My staff and I hold sacred the obligation to ensure that our elections are safe, free, fair, and accessible to all. Therefore, before certifying the results for this year’s election on Dec. 13, we have taken a number of steps to ensure that every vote is counted. We have also made sure that our ballot counting process is credible and free from interference.  

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Shirley N. Weber, Ph.D., California Secretary of State. Courtesy of California Secretary of State Office.
Shirley N. Weber, Ph.D., California Secretary of State. Courtesy of California Secretary of State Office.

By Shirley N. Weber, Ph.D.,
California Secretary of State

Californians can confidently claim this: California has made more significant reforms to our election laws and expanded voting rights than any other state.

The relevance of this accomplishment deepens as we prepare to celebrate the 60th anniversary of the Voting Rights Act next year. This landmark legislation began to undo our country’s long history of voter suppression, intimidation, and disenfranchisement that far too many Americans experienced at the polls for decades.

My own parents, who were sharecroppers, were denied their right to vote in the Jim Crow era South. Before moving to Los Angeles from Hope, Arkansas, my parents, David and Mildred Nash, could not vote. My father was an adult with six children before he registered to vote and was only able to exercise that constitutional right for the first time here in California.

As California Secretary of State, I do not take the progress we have made over the years lightly. My staff and I hold sacred the obligation to ensure that our elections are safe, free, fair, and accessible to all.

Therefore, before certifying the results for this year’s election on Dec. 13, we have taken a number of steps to ensure that every vote is counted. We have also made sure that our ballot counting process is credible and free from interference.

To meet that deadline without a hitch, California requires elections officials in all 58 counties to turn in their official results by a certain date. This year, that date was Dec. 6.

By law, every eligible voter in our state receives a vote-by-mail ballot. This ensures all registered voters can exercise their right to vote.

Whether you placed your ballot in a designated drop-off box, voted by mail, or cast your ballot at a polling center, votes are safe and secure. And we allow voters to sign up to receive text message, email, or voice call notifications about the status of their own ballots by using the Where’s My Ballot? tool. To learn more or to sign up, paste this URL in your web browser: https://california.ballottrax.net/voter/

The ballots of Californians who voted by mail are also protected. The United States Postal Service partners with the State to make sure ballots are delivered on time. All mailed-in ballots are sent by First Class mail with a postage paid envelope provided to every eligible registered voter.

Election Security is our No. 1 priority. That’s why my office designed and implemented a program to back up that commitment.  For more information, visit this URL: https://www.sos.ca.gov/elections/election-cybersecurity

Additionally, California takes preventive actions to make sure our voting technology keeps our elections safe and protects everyone’s votes.

For example, county voting systems are not connected to the internet, which protects them from cyberthreats. The State also performs regular and rigorous testing to make sure the voting systems are working optimally, and only authorized personnel are granted access.

Staff members are also given phishing and cybersecurity training.

VoteCal, the state’s centralized voter registration system, is also key. The system is regularly updated, and it is used as a resource for counties to verify voter signatures.

California also provides security at all counting locations and makes sure ballot drop-off boxes are secured and monitored.

And all election processes are open to observation during specified hours.

In my role as Secretary of State of California, there is nothing more important to me than defending our democracy.

I am committed to safeguarding voting rights, and to leading our state in upholding the highest democratic standards by implementing policies and practices that Californians and all Americans can trust and look to for instruction and hope.

You can contact the California Office of the Secretary of State at 1-800-345-Vote or elections@sos.ca.gov with inquiries or to report suspected incidents or irregularities. Additional information can be found at www.sos.ca.gov and the office’s social media platforms: 

Instagram: @californiasos_
Facebook: Facebook.com/CaliforniaSOS
X: @CASOSVote

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Activism

COMMENTARY: PEN Oakland Entices: When the News is Bad, Try Poetry

Strongman politics is not for the weak. Here in the U.S., Donald Trump is testing how strongman politics could work in the world’s model democracy.

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iStockphoto.
iStockphoto.

By Emil Guillermo

As the world falls apart, you need more poetry in your life.

I was convinced on Tuesday when a weak and unpopular president of South Korea — a free nation U.S. ally — tried to save himself by declaring martial law.

Was it a stunt? Maybe. But indicative of the South Korean president’s weakness, almost immediately, the parliament there voted down his declaration.

The takeaway: in politics, nothing quite works like it used to.

Strongman politics is not for the weak. Here in the U.S., Donald Trump is testing how strongman politics could work in the world’s model democracy.

Right now, we need more than a prayer.

NEWS ANTIDOTE? LITERATURE

As we prepare for another Trump administration, my advice: Take a deep breath, and read more poetry, essays and novels.

From “Poetry, Essays and Novels,” the acronym PEN is derived.

Which ones to read?

Register (tickets are limited) to join Tennessee Reed and myself as we host PEN OAKLAND’s award ceremony this Saturday on Zoom, in association with the Oakland Public Library.

Find out about what’s worth a read from local artists and writers like Cheryl Fabio, Jack Foley, Maw Shein Win, and Lucille Lang Day.

Hear from award winning writers like Henry Threadgill, Brent Hayes Edwards and Airea D. Matthews.

PEN Oakland is the local branch of the national PEN. Co-founded by the renowned Oakland writer, playwright, poet and novelist Ishmael Reed, Oakland PEN is special because it is a leader in fighting to include multicultural voices.

Reed is still writing. So is his wife Carla Blank, whose title essay in the new book, “A  Jew in  Ramallah, And Other Essays, (Baraka Books), provides an artist’s perspective on the conflict in Gaza.

Of all Reed’s work, it’s his poetry that I’ve found the most musical and inspiring.

It’s made me start writing and enjoying poetry more intentionally. This year, I was named poet laureate of my small San Joaquin rural town.

Now as a member of Oakland PEN, I can say, yes, I have written poetry and essays, but not a novel. One man shows I’ve written, so I have my own sub-group. My acronym: Oakland PEOMS.

Reed’s most recent book of poetry, “Why the Black Hole Sings the Blues, Poems 2007-2020” is one of my favorites. One poem especially captures the emerging xenophobia of the day. I offer you the first stanza of “The Banishment.”

We don’t want you here
Your crops grow better than ours
We don’t want you here
You’re not one of our kind
We’ll drive you out
As thou you were never here
Your names, family, and history
We’ll make them all disappear.

There’s more. But that stanza captures the anxiety many of us feel from the threat of mass deportations. The poem was written more than four years ago during the first Trump administration.

We’ve lived through all this before. And survived.

The news sometimes lulls us into acquiescence, but poetry strikes at the heart and forces us to see and feel more clearly.

About the Author

Emil Guillermo is a journalist and commentator. Join him at www.patreon.com/emilamok

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Bay Area

In the City Attorney Race, Ryan Richardson Is Better for Oakland

It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney. Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

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Members of Oaklanders Defending Democracy political action committee with Oakland Mayor Sheng Thao, center. Courtesy photo.
Members of Oaklanders Defending Democracy political action committee with Oakland Mayor Sheng Thao, center. Courtesy photo.

By Margaret Rossoff

Special to The Post

OPINION

It’s been two years since negotiations broke down between the City of Oakland and a developer who wants to build a coal terminal here, and the issue has reappeared, quietly, in the upcoming race for Oakland City attorney.

Two candidates are running for the position of Oakland City Attorney in November: current Assistant Chief City Attorney Ryan Richardson and retired judge Brenda Harbin-Forte.

Richardson has worked in the Office of the City Attorney since 2014 and is likely to continue current City Attorney Barbara Parker’s policies managing the department. He has committed not to accept campaign contributions from developers who want to store and handle coal at a proposed marine terminal in Oakland.

Retired Judge Harbin-Forte launched and has played a leading role in the campaign to recall Mayor Sheng Thao, which is also on the November ballot.  She has stepped back from the recall campaign to focus on her candidacy. The East Bay Times noted, “Harbin-Forte’s decision to lead the recall campaign against a potential future client is … troubling — and is likely to undermine her ability, if she were to win, to work effectively.”

Harbin-Forte has refused to rule out accepting campaign support from coal terminal interests or their agents. Coal terminal lobbyist Greg McConnell’s Independent Expenditure Committee “SOS Oakland” is backing her campaign.

In the 2022 mayor’s race, parties hoping to build a coal terminal made $600,000 in contributions to another of McConnell’s Independent Expenditure Committees.

In a recent interview, Harbin-Forte said she is open to “listening to both sides” and will be “fair.” However, the City Attorney’s job is not to judge fairly between the City and its legal opponents – it is to represent the City against its opponents.

She thought that the 2022 settlement negotiations ended because the City “rejected a ‘no coal’ settlement.” This is lobbyist McConnell’s narrative, in contrast to the report by City Attorney Barbara Parker. Parker has explained that the City continued to negotiate in good faith for a settlement with no “loopholes” that could have allowed coal to ship through Oakland – until would-be coal developer Phil Tagami broke off negotiations.

One of Harbin-Forte’s main priorities, listed on her website, is “reducing reliance on outside law firms,” and instead use the lawyers working in the City Attorney’s office.

However, sometimes this office doesn’t have the extensive expertise available that outside firms can provide in major litigation. In the ongoing, high stakes coal litigation, the City has benefited from collaborating with experienced, specialized attorneys who could take on the nationally prominent firms representing the City’s opponents.

The City will continue to need this expertise as it pursues an appeal of the judge’s decision that restored the developer’s lease and defends against a billion-dollar lawsuit brought by the hedge fund operator who holds the sublease on the property.

Harbin-Forte’s unwillingness to refuse campaign contributions from coal terminal interests, her opposition to using outside resources when needed, as well as her uncritical repetition of coal lobbyist McConnell’s claim that the City sabotaged the settlement talks of 2022 all raise serious concerns about how well she would represent the best interests of Oakland and Oaklanders if she is elected City Attorney.

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