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CC - Item 7A - Public Hearing on the Analysis of Imperdiments to Fair Housing ChoiceROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: MAY 11, 2010 SUBJECT: PUBLIC HEARING ON THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE SUMMARY The City Council will consider review and approval of the City's Five Year Analysis of Impediments to Fair Housing Choice covering the period July 1, 2010 through June 30, 2015. Localities seeking federal program funds are required to certify that they will engage in fair housing planning; namely: (1) that they will conduct at the beginning of each five-year cycle an analysis of impediments (AI) to fair housing choice; (2) that they will carry out actions to overcome the effects of identified impediments; and (3) that they will maintain records and make available information and reports, including the analysis of impediments, to document actions undertaken to eliminate identified impediments. Staff Recommendation Staff recommends that the City Council take the following actions: 1. Conduct a public hearing and take public testimony on the Analysis of Impediments to Fair Housing Choice covering the period July 1, 2010 through June 30, 2015; and 2. Approve the Analysis of Impediments to Fair Housing Choice and authorize the submittal of the document to the U.S. Department of Housing and Urban Development; ANALYSIS On January 5, 1995, with the publication of the Consolidated Submission regulations for Community Planning and Development programs, significant new program requirements were established with regard to the long-standing obligation to affirmatively further fair housing. The City's first Al was completed in 1997 by the Fair Housing Council of San Gabriel Valley and the Center year update to the City's Al was completed in 2000, and the Southern California Housing Rights Center (HRC). for Choice in Housing. A five- then again in January 2006 by ITEM NO. APPROVED FOR CITY COUNCIL AGENDA: City Council Report May 11, 2010 Page 2 of 6 The City's Al is a comprehensive review of policies, procedures, and practices within Rosemead that effect the location, availability and accessibility of housing, and the current residential patterns and conditions related to fair housing choice. Fair housing choice should be understood as the ability of persons of similar incomes to have available to them the same housing choices, regardless of race, color, religion, sex, disability, familial status, or national origin. An impediment to fair housing choice is an action, omission, or decision taken because of race, color, religion, sex, disability, familial status, or national origin, that restricts housing choices or the availability of housing choice. It is also any action, omission, or decision that has this kind of effect. Policies, practices, or procedures that appear neutral on their face, but which operate to deny or adversely affect the provision of housing to persons (in any particular protected class) may constitute such impediments. The FY 2010-2015 Al established eight (8) potential impediments that are identified below as well as the activities the City will carry out during the 2010-11 FY to address these issues. Current Fair Housing Profile Housing Complaints from the Asian Population in Rosemead Potential Impediment: According to the 2000 census the Asian population made up 48.9% of the Rosemead population. But only 23% of Rosemead residents assisted by the Housing Rights Center over the past three years were Asian. The Rosemead Asian population is reporting housing issues less frequently which may indicate a need for more fair housing outreach and education to the Asian population in Rosemead. Actions Proposed to Overcome Potential Impediment • Advertise Housing Rights Workshops in English and Chinese. • Distribute an informational newsletter in English and Chinese in • Rosemead that provides fair housing information in a Q & A format. Housing Discrimination Complaints Based on Familial Status Potential Impediment: Over the past four years the highest number of housing discrimination complaints by Rosemead residents have been based on disability. This may indicate a need for more education of landlords on housing discrimination and people with disabilities. Actions Proposed to Overcome Potential Impediment: • Highlight disability discrimination at Fair Housing Workshops in Rosemead. City Council Report May 11, 2010 Page 3 of 6 • Distribute educational materials to Rosemead property owners on fair housing and people with disabilities. Audit Testing The Housing Rights Center conducted 20 phone tests to measure levels of housing discrimination in the City of Rosemead. All 20 tests measured discrimination against people with disabilities. The HRC found that 50% of the disability phone tests showed evidence of discrimination against people with disabilities. Some examples of discrimination by property owners/agents included flat-out denials of companion dogs and requiring a "pet deposit" for companion dogs. This could indicate intentional discrimination against people with disabilities. It may also indicate a lack of awareness of the fair housing laws that protect people with disabilities from housing discrimination. Actions Proposed to Overcome Potential Impediment: • Coordinate literature mailings to property owners using an available database of property owners (the City's business license database, property search database, etc.). • Create an annual newsletter that will highlight a current fair housing topic or recent changes in housing law. Coordinate mailings to property owners using an available database of property owners (the City's business license database, property search database, etc.). Community Survey The Housing Rights Center conducted a survey of 32 Rosemead residents. Respondents were asked how familiar they were with laws that provide protection against housing discrimination. The survey showed that 47% of respondents had no knowledge of the fair housing laws and 34% had very little knowledge of the fair housing laws. The low level of awareness of the fair housing law may indicate the need for increased education and outreach activities in Rosemead. Actions Proposed to Overcome Potential Impediment: • Submit public service announcements to local cable channels regarding fair housing laws. • Publish articles on current fair housing topics in the Rosemead community newsletter. Rosemead Zoning Ordinance HRC reviewed provisions of the Rosemead Municipal Code ("RMC"), specifically Title 15 (Buildings and Construction) and Title 17 (Zoning), for compliance with state and federal fair housing laws. City Council Report May 11, 2010 Page 4 of 6 Overly Restrictive Definition of Family Potential Impedimenta Section 17.04.020 of the Rosemead Zoning Code has an overly restrictive definition of family. This definition restricts thehousing choices of individuals with disabilities because it places numerical limits on unrelated person. The definition of "family" must emphasize the functioning of the members as a cohesive household and cannot distinguish between related and unrelated persons. Actions Proposed to Overcome Potential Impediment: • Prepare a new definition of family and amend the zoning code accordingly. Definitions of Bachelor Apartment Potential Impediment: Section 17.04.020 of the Rosemead Zoning Code defines a bachelor apartment as "[A]n apartment of dwelling unit in a multiple dwelling or apartment house, occupied or suitable for occupancy as a residence for one person." This occupancy limit could lead property owners to discriminate against families with children or couples in violation of federal and state fair housing laws. Actions Proposed to Overcome Potential Impediment: • Remove the definition of a bachelor apartment from the zoning code. Reasonable Accommodations Potential Impediment: Pursuant to fair housing laws and also the Americans with Disabilities Act ("ADA"), the City of Rosemead should provide for reasonable accommodations for persons with disabilities. Actions Proposed to Overcome Potential Impediment: • Prepare a notation for the off-street parking and nuisance abatement ordinances that explains that accommodations are available to people with disabilities. • Prepare an accommodation application procedure Rosemead Home Mortgage Disclosure Act Data HMDA data indicates that as the minority population percentage at the census track level increases, the loan approval rates decrease and the denial rates increase. There is also slight evidence of racial approval gaps between Asian American and Hispanic applicants. In the higher income categories, Asian Americans have higher approval rates and lower denial rates than Hispanics. City Council Report May 11, 2010 Page 5 of 6 Actions Proposed to Overcome Potential Impediment. Distribute information materials to Rosemead residents regarding lending discrimination. Conduct a Fair Lending Workshop for Rosemead residents. The analysis of impediments to fair housing choice in any community is a delicate and tedious process. The City recognizes the effect that discrimination has in limiting housing choice and equal opportunity in renting, selling, and financing housing. During the 2010-11 FY, the City will continue to address the potential impediments identified in the City's Al. By addressing these issues, the City hopes to take incremental steps toward overcoming and eliminating all the impediments identified in the City's Al. By contracting with a Fair Housing Organization to implement a Fair Housing Program within Rosemead during the 2010-11 FY, the City hopes to provide an extensive and comprehensive community education program to inform the community about fair housing laws. This will allow the City to make a significant impact in affirmatively furthering the goal of fair housing choice. During the 2010-11 FY, the City will also make a significant impact in affirmatively furthering fair housing and eliminating impediments to fair housing choice by offering housing programs without impediments based on race, color, religion, sex, disability, familial status, or national origin. The City continually increases the awareness of the availability and benefits of City programs regarding housing choice and housing assistance through public information to the community. This information is distributed to the community in a number of ways, including notices placed in newspapers and on the City's newsletter. This proves to be a positive impact on the community by ensuring that the community is aware of the different services provided by the City. The City plans to continue making a significant effort toward affirmatively furthering fair housing and eliminate impediments to fair housing choice that are within its authority during the period of July 1, 2009 to June 30, 2010. The City has an ongoing commitment to preventing, reducing, and ultimately eliminating housing discrimination and other barriers related to equal opportunity in housing choice. PUBLIC NOTICE PROCESS Notice of the public hearing was published in the San Gabriel Valley Tribune on April 26, 2010, as well as through the regular agenda notification process. Prepared by: Michelle G. Ramirez Economic Development Administrator City Council Report May 11, 2010 Page 6 of 6 Submitted by: a ong Community Development Director Attachment A - Analysis of Impediments to Fair Housing Choice Study Analysis of Impediments to Fair Housing Choice For The City of Rosemead Prepared By: The Housing Rights Center 520 S. Virgil Avenue, Suite 400 Los Angeles, CA 90020 (213) 387-8400 (800) 477-5977 Fax (213) 381-8555 www.hrc-la.org April 2010 Table of Contents 1. Executive Summary 1 A. Purpose of Analysis 1 B. Data Sources and Methodology 2 C. Key Findings and Recommendations 3 II. Demographic Profile of Rosemead 6 A. Population Growth by Households and Families 6 B. Age 6 C. Racial Composition 7 D. Income 7 E. Poverty Rates 8 F. Employment 9 G. Education 9 H. Housing Conditions 10 III. Evaluation of Current Fair Housing Profile 12 A. Client Demographic Profile 12 B. Summary of Housing Discrimination Complaints 14 C. Requests for Assistance with General Housing Concerns 15 IV. Rental Audit Testing in Rosemead 17 A. Purpose of the Audit 17 B. Audit Methodology 17 C. Audit Results 18 D. Conclusion 26 V. Analysis of Phone Surveys 27 A. Demographic Profile of Respondents 27 B. Analysis 28 C. Conclusion 33 VI. Review of Government Policies 34 A. Direct Conflicts 34 B. Potential Conflicts 35 C. Other Relevant Considerations 36 VII. Home Mortgage Disclosure Act Data 37 A. Access to Housing Credit in Rosemead-General Background 37 B. Access to Housing Credit in Rosemead-Local Practices 39 C. Access to Housing Credit in Rosemead-Conclusion 57 I. EXECUTIVE SUMMARY A. Purpose of Analysis The Department of Housing and Urban Development (HUD) requires "actions to affirmatively further fair housing" of all jurisdictions that receive funds through the Consolidation Submission. HUD requires each jurisdiction to certify that it "will engage in fair housing planning by: (1) conducting an analysis of impediments to fair housing choice at the beginning of each five-year cycle; (2) Carrying out actions to overcome the effects of identified impediments; (3) Maintaining records and making available information and reports, including the analysis of impediments, and to document actions undertaken to eliminate identified impediments." As a result, each jurisdiction is required to develop an Analysis of Impediments to Fair Housing Choice. Thus, the City of Rosemead is required, pursuant to 34 CFR 570.904 (c), to conduct "...[an] analysis to determine the impediments to fair housing choice for its housing and community development programs and activities." The Department of Housing and Urban Development (HUD) defines "impediments" as: "any actions, omissions, or decisions taken because of race, color, religion, sex, disability, familial status or national origin that restricts housing choices or the availability of housing choices of these protected classes." The term "fair housing choice" is defined as: the ability of persons of similar income levels in the same housing market area to have a like range of choice available to them regardless of race, color, religion, sex, national origin, familial status, disability, marital status, ancestry, sexual orientation, source of income or arbitrary characteristics such as age. As a result, the City of Rosemead has contracted with the Housing Rights Center (HRC) to perform this analysis of fair housing choice. City of Rosemead page 1 of 58 Analysis of Impediments to Fair Housing Choice April 2010 B. Data Sources and Methodology The report that follows is the result of a comprehensive review of policies, procedures, and practices within the City of Rosemead that affect the location, availability, and accessibility of housing and current residential conditions related to fair housing choice. Specifically, HUD encouraged: (1) sources of relevant demographic information and data, (2) sources of authoritative studies of housing discrimination, (3) methods for obtaining diverse citizen participation in development, implementation, and evaluation of fair housing planning, and (4) corrective actions and solutions. Accordingly, this report is primarily based on the following sources of information: • Rosemead Census Data: The HRC compared census data from 1990 and 2000. • Housing Rights Center Complaint Data: HRC used housing complaint statistics for the period July 1, 2005 to June 30, 2009. • Rental Audit Testing: The HRC conducted random audit testing of Rosemead rental units to determine levels of discrimination based on disability. The HRC conducted 20 phone tests. • Phone Survey of Rosemead Residents: The HRC conducted a phone survey of Rosemead residents throughout the city. • Rosemead Zoning Code: The HRC reviewed provisions of the Rosemead Municipal Code ("RMC"), specifically Title 15 (Buildings and Construction) and Title 17 (Zoning), for compliance with state and federal fair housing laws. • Home Mortgage Disclosure Act (HMDA) data for Rosemead: The HRC compared HMDA data from 2006, 2007 and 2008. City of Rosemead page 2 of 58 Analysis of Impediments to Fair Housing Choice April 2010 C. Key Findings and Recommendations This Analysis of Impediments Study analyzed data (census, fair housing complaint), audit tests and surveys to identify barriers to fair housing choice in the City of Rosemead. This section provides a list of key potential impediments that may exist in Rosemead and recommendations to address them. For each recommendation, please also refer to the particular chapter that led to the recommendations. 1. Current Fair Housing Profile (Section III) a. Housing Complaints from the Asian Population in Rosemead According to the 2000 census the Asian population made up 48.9% of the Rosemead population. But only 23% of Rosemead residents assisted by the Housing Rights Center over the past three years were Asian. The Rosemead Asian population is reporting housing issues less frequently which may indicate a need for more fair housing outreach and education to the Asian population in Rosemead. Recommendation • Advertise Housing Rights Workshops in English and Chinese. • Distribute an informational newsletter in English and Chinese in Rosemead that Drovides fair housino information in a Q & A format. b. Housing Discrimination Complaints Based on Disability Over the past four years the highest number of housing discrimination complaints by Rosemead residents have been based on disability.' This may indicate a need for more education of landlords on housing discrimination and people with disabilities. Recommendation • Highlight disability discrimination at Fair Housing Workshops in Rosemead. • Distribute educational materials to Rosemead property owners on fair housing and people with disabilities. 2. Audit Testing (Section IV) The Housing Rights Center conducted 20 phone tests to measure levels of housing discrimination in the City of Rosemead. All 20 tests measured discrimination against people with disabilities. ' This percentage is based on Section III, Table 3.5, Housing Discrimination Complaints Reported by Rosemead Residents. The total number of complaints over the past four years is 57. Of this number 36 were based on physical or mental disability. City of Rosemead page 3 of 58 Analysis of Impediments to Fair Housing Choice April 2010 The HRC found that 50% of the disability phone tests showed evidence of discrimination against people with disabilities. Some examples of discrimination by property owners/agents included flat-out denials of companion dogs and requiring a "pet deposit" for companion dogs. This could indicate intentional discrimination against people with disabilities. It may also indicate a lack of awareness of the fair housing laws that protect people with disabilities from housing discrimination. Recommendations • Coordinate literature mailings to property owners using an available database of property owners (the City's business license database, property search database, etc.). • Create an annual newsletter that will highlight a current fair housing topic or recent changes in housing law. Coordinate mailings to property owners using an available database of property owners (the City's business license database, property search database, etc.). 3. Community Survey (Section V) The Housing Rights Center conducted a survey of 32 Rosemead residents. Respondents were asked how familiar they were with laws that provide protection against housing discrimination. The survey showed that 47% of respondents had no knowledge of the fair housing laws and 34% had very little knowledge of the fair housing laws. The low level of awareness of the fair housing law may indicate the need for increased education and outreach activities in Rosemead. Recommendations • Submit public service announcements to local cable channels regarding fair housing laws. • Publish articles on current fair housing topics in the Rosemead community newsletter. 4. Rosemead Zoning Code (Section VI) HRC reviewed provisions of the Rosemead Municipal Code ("RMC"), specifically Title 15 (Buildings and Construction) and Title 17 (Zoning), for compliance with state and federal fair housing laws. a. Overly Restrictive Definition of Family Section 17.04.020 of the Rosemead Zoning Code has an overly restrictive definition of family. This definition restricts the housing choices of individuals with disabilities because it places numerical limits on unrelated persons. The definition of "family" must emphasize the functioning of the members as a cohesive household and cannot distinguish between related and unrelated persons. Recommendation • Prepare a new definition of family and recommend that the city amend the zoning code to reflect this revised definition. City of Rosemead page 4 of 58 Analysis of Impediments to Fair Housing Choice April 2010 b. Definitions of Bachelor Apartment Section 17.04.020 of the Rosemead Zoning Code as "[A]n apartment or dwelling unit in a multiple dwelling or suitable for occupancy as a residence for one person lead property owners to discriminate against families with of federal and state fair housing laws. Recommendation defines a bachelor apartment or apartment house, occupied This occupancy limit could children or couples in violation The City should remove the definition of a bachelor apartment from the zoning code. c. Reasonable Accommodations Pursuant to fair housing laws and also the Americans with Disabilities Act ("ADA"), the City of Rosemead should provide for reasonable accommodations for persons with disabilities. Recommendation • Prepare a notation for the off-street parking and nuisance abatement ordinances that explains that accommodations are available to people with disabilities. • Prepare an accommodation application procedure. 4. Rosemead Home Mortgage Disclosure Act Data (Section VII) HMDA data indicates that as the minority population percentage at the census track level increases, the loan approval rates decrease and the denial rates increase. There is also slight evidence of racial approval gaps between Asian American and Hispanic applicants. In the higher income categories, Asian Americans have higher approval rates and lower denial rates than Hispanics. Recommendation Distribute information materials to Rosemead residents regarding lending discrimination. Conduct a Fair Lending Workshop for Rosemead residents. City of Rosemead page 5 of 58 Analysis of Impediments to Fair Housing Choice April 2010 II. DEMOGRAPHIC PROFILE OF ROSEMEAD The following analysis was constructed from 1990 and 2000 Census data. This section highlights selected demographic changes between 1990 and 2000 in order to evaluate some key demographic characteristics and what they might mean to housing access and affordability. A. Population Growth by Households and Families The City of Rosemead experienced an increase in population between 1990 and 2000. The city's population rose from 51,638 in 1990 to 53,505 in 2000 representing an increase of 3.62%. The number of total households increased slightly from 13,701 in 1990 to 13,913 in 2000 which represents an increase of 1.55%. The number of persons per household also rose slightly from 3.72 in 1990 to 3.80 in 2000. There was also an increase (3.56%) in the number of families. The number of families grew from 11,228 in 1990 to 11,628 in 2000. The number of persons per family increased as well from 4.08 in 1990 to 4.11 in 2000. There were, however, some notable changes among the above population categories. While the percentages of families (3.56%) and families with children (17.48%) increased, there was also an increase in female-headed households (14.72°/x). The number of female-headed households grew from 2,106 in 1990 to 2.416 in 2000. Table 2.1 Population. Household. and Familv Chances: 1990 and 2000 Category 1990 2000 % Change Total Population 51,638 53,505 3.62 # of Households 13,701 13,913 1.55 # of Persons per household 3.72 3.80 2.15 # of Families 11,228 11,628 3.56 # of Persons per Family 4.08 4.11 0.74 # of Families with Children 5,166 6,069 17.48 # of Female-Headed Households 2,106 2,416 14.72 B. Age The age composition of residents changed over the ten-year period between 1990 and 2000. The changes for children (under 18 years of age) were slight, however, for seniors (over the age of 65) the changes were more significant. The population of people under 18 years of age decreased from 15,677 in 1990 to 14,729 in 2000, which was a change of 6.05%. City of Rosemead page 6 of 58 Analysis of Impediments to Fair Housing Choice April 2010 In 1990, there were 4,635 people over the age of 65 years of age. In 2000, there were 5,685 people over the age of 65 years. The percentage change in the proportion of people over 65 years of age reflects an increase of 22.65%. Table 2.2 Youth and Senior Changes: 1990 and 2000 Category 1990 2000 % Change Po ulation under 18 ears 15,677 14,729 -6.05 Population over 65 ears 4,635 5,685 22.65 C. Racial Composition In 1990, 35.4% of the population was White. In 2000, however, Whites only represented 26.6% of the population. During this same period, the American Indian, Asian/Pacific Islander and Black population increased. The American Indian population increased from 0.5% in 1990 to 0.9% in 2000, people of Asian/Pacific Islander increased from 34.3% in 1990 to 48.9% in 2000 and the Black population increased from 0.6% in 1990 to 0.7% in 2000. The Hispanic Origin population decreased. The Hispanic population dropped from 49.7% in 1990 to 41.3% in 2000. The census indicates that the majority of the population of Rosemead is Asian/Pacific Islander. Table 2.3 Percentage of Racial Composition and Change: 1990 and 2000 Racial Composition 1990 2000 Difference American Indian 0.5 0.9 0.4 Asian/Pacific Islander 34.3 48.9 14.6 Black 0.6 0.7 0.1 Hispanic Origin 49.7 41.3 -8.4 White 35.4 26.6 -8.8 D. Income Overall, there were significant increases in the amount of income for Rosemead residents. The median household income increased from $29,770 to $36,181 (21.5% change) and the median family income increased from $30,905 to $36,552 (18.3% change). Similarly, the median per capita income rose from $9,796 to $12,146 (24.0% change). City of Rosemead page 7 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 2.4 Chanaes in Income for Families and Households: 1990 and 2000 Income Categories 1990 2000 % Change Median Household Income 29,770 36,181 21.5 Median Family Income 30,905 36,552 18.3 Median Per Capita 9,796 12,146 24.0 Median household incomes among all major ethnic groups increased. The median household income for people of Hispanic origin increased from $27,935 in 1990 to $35,162 in 2000 representing a 25.9% increase. Similarly, Asian/Pacific Islander and Whites also had a higher median household income. Asian/Pacific Islander increased from $32,462 in 1990 to $36,919 in 2000 representing a 13.7% increase. The median income for Whites increased from $28,791 to $36,287 in 2000 (26.0% change). The median household income for people of Black origin in 2000 was $25,357. The median household income for people of Black origin was not available for 1990. Table 2.5 Chanaes in Income By Race: 1990 and 2000 Median Household Income by Race 1990 2000 % Change Asian/Pacific Islander 32,462 36,919 13.7 Black 25,357 Hispanic Origin 27,935 35,162 25.9 White 28,791 36,287 26.0 *Indicates that 1990 census data was not available for this category. E. Poverty Rates Families making less than the poverty level increased from 16.2% in 1990 to 19.4% in 2000: The poverty rate for individuals increased from 20.0% in 1990 to 22.8% in 2000. Similarly, there was an increase in poverty rates for female-headed households from 25.2% in 1990 to 31.4% in 2000. Table 2.6 Changes In Poverty Rates for Families, Individuals, and Female-Headed Households: 1990 and 2000 Poverty Rates 1990 2000 Difference Families 16.2 19.4 3.2 Individuals 20.0 22.8 2.8 Female-Headed Households 25.2 31.4 6.2 Poverty rates by race show that the Asian/Pacific Islander population had the highest levels of poverty and the White population had the lowest poverty rates in 1990. Poverty rates for most races increased. Poverty rates dropped for Asian/Pacific Islander from 24.3% in 1990 to 24.2% in 2000 and increased for Whites by 12.8% from 1990 to 18.5% in 2000 (44.5%). Blacks poverty rates increased dramatically from 2.8% in 1990 to 36.9% in 2000. Data for people of Hispanic Origin was not available for 1990. City of Rosemead page 8 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 2.7 Chanaes In Povertv Rates by Race: 1990 and 2000 Poverty Rates 1990 2000 Difference Asian/Pacific Islander 24.3 24.2 -0.1 Black 2.8 36.9 34.1 Hispanic Origin 22.4 White 12.8 18.5 5.7 "Indicates that 1990 census data was not available for this category. Similar to national trends, there were large declines in the lowest income levels and increases in the highest income levels. It must be noted that the income figures were not adjusted for inflation and reflect increases in nominal income only and not necessarily increases in purchasing power. Table 2.8 Chances In Household Income Distribution: 1990 and 2000 Income Distribution 1990 2000 Difference Less than $5,000 5.1 Less than $10,000 9.0 9.3 0.3 $10,000 - $14,999 9.8 7.7 -2.1 $15,000 - $24,999 17.7 17.4 -0.3 $25,000 - $34,999 17.0 13.5 -3.5 $35,000 - $49,999 16.5 17.2 0.7 More than $50,000 25.0 34.9 9.9 `Indicates that 2000 census data was not available for this category. F. Employment Labor force participation rates decreased in Rosemead from 61.4% to 54.2% between 1990 and 2000. The unemployment rate also decreased from 8.4% in 1990 to 7.5% in 2000. Table 2.9.Changes in Labor Force Participation Rate & Unemployment Rate: 1990 and 2000 Labor Rates 1990 2000 Difference Labor Force Partici ation Rates 61.4 54.2 -7.2 Unemployment Rates 8.4 7.5 -0.9 G. Education Education levels for the population of Rosemead varied between 1990 and 2000. The number of residents with less than a 9th grade education rose from 26.0% in 1990 to 29.7% in 2000. High school education (no diploma) dropped from 20.1% in 1990 to 17.1% in 2000. In 1990, the proportion of high school graduates or higher was 22.0%, City of Rosemead page 9 of 58 Analysis of Impediments to Fair Housing Choice April 2010 but by 2000 had decreased to 18.9%. In 1990 10.0% of the population had a Bachelor Degree or higher and by 2000, 12.9% had a Bachelor Degree or higher. Table 2.10 Chanoes in Education: 1990 and 2000 Level of Education 1990 2000 Difference Less than 9 Grade 26.0 29.7 3.7 9 to 12 Grade (No Diploma) 20.1 17.1 -3.0 High School or Higher 22.0 18.9 -3.1 Bachelor Degree or Higher 10.0 12.9 2.9 H. Housing Conditions The number of housing units increased from 14,134 in 1990 to 14,345 in 2000 representing an increase of 1.5%. The median value of owner-occupied housing dropped from $193,900 in 1990 to $182,200 in 2000, a decrease of -6.0%. In 1990, 49.3% of housing was owner occupied and in 2000 it decreased slightly to 48.8%. Similarly, vacancy rates dropped from 3.1% in 1990 to 3.0% in 2000. Of the homes vacant in Rosemead in 1990, 1.2% were for sale and 2.1% were for rent. In 2000, 1.0% of vacant units were for sale and 2.2% were for rent. Table 2.11 Selected Housing Data: 1990 and 2000 Housing Data 1990 2000 % Change Median Owner Occupied Home Value 193,900 182,200 -6.0 Number of Housing Units 14,134 14,345 1.5 Difference %Vacant Rate 3.1 3.0 -0.1 %Vacant for Sale 1.2 1.0 -0.2 %Vacant for Rent 2.1 2.2 0.1 Owner Occupied 49.3 48.8 -0.5 % Renter Occupied 50.7 51.2 0.5 The top part of the table below reveals that 40.0% of owner occupied housing was Asian/Pacific Islander, 0.3% Black, 38.0% Hispanic Origin, and 51.6% White in 1990. In 2000, 52.7% of owner occupied housing was Asian/Pacific Islander, 23.4% Black, 37.0% Hispanic Origin and 50.1% White. The bottom part of the table reveals that Asian/Pacific Islanders occupied 11.8% of housing in 1990 and 52.3% in 2000. In 1990, 7.2% of Blacks were in owner occupied housing and 18.7% in 2000. Owner occupied housing by the Hispanic Origin population increased dramatically, 10.0% in 1990 to 36.4%. Finally, the percentage of Whites in owner occupied housing increased from 19.1 % in 1990 to 49.4% in 2000. City of Rosemead page 10 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 2.12 Occupied Housing B Race: 1990 and 2000 Percentage of Owner Occupancy by Race 1990 2000 Difference Asian/Pacific Islander 40.0 52.7 12.7 Black 0.3 23.4 23.1 Hispanic Origin 38.0 37.0 -1.0 White 51.6 50.1 -1.5 Percentage of Race in Owner Occupied Housing Asian/Pacific Islander 11.8 52.3 40.5 Black 7.2 18.7 11.5 Hispanic Origin 10.0 36.4 26.4 White 19.1 49.4 30.3 Table 13 reveals that in 2000 Rosemead homeowners are using more of their monthly income towards the mortgage payment then they did in 1990. However, Rosemead renters are using less of their monthly income toward the rent payment then they did in 1990. Table 2.13 Percentage of Income Spent on Housing: 1990 and 2000 Owner Occupied 1990 2000 % Change Less than 20.0% 3,138 2,802 -10.7 20 to 24 percent 620 715 15.3 25 to 29 percent 527 534 1.3 30 to 34 percent 420 429 2.1 35 percent or more 1,301 1,584 21.8 Renter Occupied Less than 20.0% 1,548 1,785 15.3 20 to 24 percent 933 836 -10.4 25 to 29 percent 731 715 -2.2 30 to 34 percent 553 531 -4.0 35 percent or more 2,820 2,921 3.6 City of Rosemead page 11 of 58 Analysis of Impediments to Fair Housing Choice April 2010 III. EVALUATION OF CURRENT FAIR HOUSING PROFILE All entitlement cities are required by HUD to have a pro-active and reactive fair housing program with specific actions and procedures that will have an impact on preventing, reducing, and eliminating housing discrimination and barriers to equal housing choice. The City of Rosemead has worked in conjunction with the Housing Rights Center2 to affirmatively further fair housing opportunities for over a decade. HRC was originally founded in 1968. HRC's mission is to actively support and promote fair housing through education and advocacy, to the end that all persons have the opportunity to secure the housing they desire and can afford, without discrimination based on their race, color, religion, gender, sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of income or other characteristics protected by law. The City of Rosemead contracts with the HRC to provide its residents with fair housing services that include discrimination complaint intake and investigation, education and outreach, information and counseling and legal services. A. Client Demographic Profile Overall, 84% of Rosemead residents assisted by the HRC in the past four years were extremely low or low-income individuals and families. Table 3.1 Income Level of Rosemead Clients Income Level July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Extreme) Low 97 64 74 117 352 Low 73 89 54 34 250 Moderate 30 29 28 13 100 Above Moderate 9 3 2 0 14 Total 209 185 158 164 716 In 2002 the U.S. Department of Housing and Urban Development required recipients of Community Development Block Grant funds to use new race and ethnicity categories when collecting demographic information from clients. This changed the HRC's process of collecting client information in that clients are first asked to identify their race and then to identify whether they are Hispanic. During the past three years, the highest number of Rosemead residents assisted by the HRC were Other (27%), followed by Asian (23%). The reason the percentage of clients who identified as "Other" is so high is that Hispanic/Latino is not a separate race 2 The Housing Rights Center was formerly named the Fair Housing Council of San Gabriel Valley. The name change took effect April 1, 2002. City of Rosemead page 12 of 58 Analysis of Impediments to Fair Housing Choice Apil 2010 category according to the US Census. Most often when asked their race, Hispanic Latino clients identify as "Other." According to the 2000 census the Asian population made up 48.9% of the Rosemead population. But only 23% of Rosemead residents assisted by HRC over the period July 1, 2005 to June 30, 2009 were Asian. However this is an increase when compared to the period July 1, 2002 to June 30, 2005 when only 15.6% of the clients assisted by HRC were Asian. This is likely due to HRC's increased outreach efforts to the Asian population in Rosemead. Conversely, the Hispanic population made up 41.3% of the Rosemead population and 51% of Rosemead residents assisted by the HRC over the past four years. Hispanics are overrepresented and Asians underrepresented in their reporting of housing issues as compared to their representation in the Rosemead population. Tahle A 9 Rarer of Rncemead Clients Race July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Am Ind or Alsk 17 6 0 2 25 Am Ind/Alsk & Black 11 1 15 0 27 Am In/Alsk & Wht 70 56 40 0 166 Asian 47 30 52 39 168 Asian & White 0 0 0 0 0 Black/African Am 5 5 0 0 10 Blk/African Am & Wht 0 0 0 0 0 Other 19 32 38 101 190 Pacific Islander 1 0 0 0 1 White 39 55 13 22 129 Total 209 185 158 164 716 Tnhla 3 A Fthniritv of Qn9PmPad Clients Ethnicity July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Cuban 0 0 0 0 0 Mexican/Chicano 101 70 56 44 271 Other His anic/Latino 10 27 17 39 93 Puerto Rican 0 0 0 1 1 Not His anic/Latino 98 88 85 80 351 Total 209 185 158 164 716 City of Rosemead page 13 of 58 Analysis of Impediments to Fair Housing Choice April 2010 While the number of female-headed households has gradually increased over the past four years from 11 in 2005/06 to 23 in 2008/09, the number of seniors has radically fluctuated. In 2005/06 the number of Rosemead seniors who contacted the HRC was 20, which decreased to 13 in 2006/07 and by 2008/09 had increased to 17. Not surprisingly the number of people with disabilities that contacted HRC over the past four years has remained relatively consistent. As you will also see in Table 3.5 the highest number of discrimination complaints received by the HRC in the past four years are based on disability. Table 3 d Nnmher of Female Headed Hnucahnlds_ Senior and Disabled Clients Household Info July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Female Head of Household 11 14 21 23 69 Senior 20 13 14 17 64 Disabled 20 12 19 19 70 B. Summary of Housing Discrimination Complaints From July 2005 to June 2009, the Housing Rights Center received 57 housing discrimination complaints from Rosemead residents. The highest number of complaints were based on physical and mental disability, which together made up 63% of all discrimination complaints. This is drastically different from the period July 2002 to June 2005 when the highest number of complaints was based on familial status, which made up 32% of all complaints. Table 3.5 Housina Discrimination Complaints Reported by Rosemead Residents Basis of Complaint July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Age 1 1 Arbitrary 1 1 Familial Status 6 1 1 8 Gender 1 1 Marital Status 1 1 2 Mental Disability 2 4 3 9 National Origin 1 1 2 Physical Disability 13 5 6 3 27 Race 1 1 1 3 City of Rosemead page 14 of 58 Analysis of Impediments to Fair Housing Choice April 2010 IGeneral Info. 3 1 1 Total 21 12 13 11 57 Of the 57 complaints, 31 were counseled 3, 2 were referred and 24 were investigated. The Housing Rights Center found evidence to support the allegation in 17 cases and in 7 cases the evidence was inconclusive 4. HRC successfully conciliated 14 cases, in 3 cases the client withdrew, and in 7 cases no enforcement action was possible. C. Requests for Assistance with General Housing Concerns In addition to fair housing complaint intake and investigation, the HRC assists Rosemead residents with general housing concerns particularly landlord/tenant issues. In the last four years, the HRC has received 659 requests for information or assistance with housing concerns. Tahle 3.6 Number of Rosemead Residents with General Housina Issues Year # of Complaints Jul 1, 2005 to June 20, 2006 188 Jul 1, 2006 to June 30, 2007 173 Jul 1, 2007 to June 30, 2008 145 Jul 1, 2008 to June 30, 2009 153 Total 659 While most of the tenant/landlord concerns are not directly identified as discrimination issues, many of the calls are related to concerns about displacement, harassment, or failure to provide basic services. 3 The main reason HRC counsels clients who present housing discrimination allegations is that, upon a thorough interview with the client, HRC finds that the allegation is not based on housing discrimination. Other reasons include clients who, after talking to HRC staff, do not want the agency to pursue an investigation or tell us that they only want housing discrimination educational information. 4 HRC assigns cases a disposition of "No Enforcement Action Possible" when there is inconclusive evidence of discrimination. City of Rosemead page 15 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 3.7 Types of General Housing Issues Landlord/Tenant Complaints July 1, 2005 to June 30, 2006 July 1, 2006 to June 30, 2007 July 1, 2007 to June 30, 2008 July 1, 2008 to June 30, 2009 Total Eviction 12 18 15 20 65 Harassment 3 1 0 5 9 Lease Terms 8 8 7 14 37 Notices 53 36 44 35 168 Rent Increase 24 30 18 17 89 Repairs 9 2 6 6 23 Security Deposit 10 20 10 11 51 Seeking Housing 12 10 5 9 36 Substandard Conditions 22 11 10 13 56 Generallnfo/Other 35 37 30 23 125 Total 188 173 145 153 659 City of Rosemead page 16 of 59 Analysis of Impediments to Fair Housing Choice April 2010 IV. RENTAL AUDIT TESTING IN ROSEMEAD A. Purpose of the Audit 1. Introduction To measure the extent of discrimination in the rental market, the Housing Rights Center conducted 20 phone tests within the City of Rosemead. All 20 tests measured the level of discrimination against people with disabilities. The results of the audit tests suggest that housing discrimination exists in the City of Rosemead. The discrimination rarely took the form of outright exclusion. Instead, more subtle actions emerged such as discouraging statements and a less friendly property owner/manager demeanor. 2. Goal The goal of the audit was to determine if there was a pattern or practice of steering or providing unfavorable treatment to prospective renters in the City of Rosemead based on disability or familial status. The audit examined housing agent behavior in the inquiry stage of the rental process. It is important to note that not all forms of differential treatment in the housing transaction are of equal seriousness. Nevertheless, all forms of unfavorable treatment to be documented in this audit have the potential to impede an individual's efforts to obtain housing of his or her choice. By controlling for legitimate business concerns such as income, length of employment, and length of tenancy (see methodology below), we hope to determine whether people with disabilities are given the same housing opportunity as their counterparts without disabilities in their efforts to find rental housing. B. Audit Methodology 1. Overview of Testing Testing is an enforcement tool used by the Housing Rights Center to determine whether housing professionals engage in discrimination in violation of federal and state fair housing laws5. HRC generally conducts these tests at the inquiry level when the applicant first inquires about housing. A test involves a minority group tester referred to as a "protected tester" and a majority group tester referred to as a "control tester" who both visit the same housing unit for rent or for sale. The protected tester always visits the unit first and is carefully chosen to ensure she or he is a superior applicant to the matching "control" tester with regard to income, number of years at current employer, etc. The matching of testers is extremely important because it removes any business justifications for rejecting the applicant. Once both testers view the unit, they are required to complete a standardized report documenting their experience. We are careful to ensure the two testers have no contact with one another. The test coordinator then analyzes the reports to determine if the testers have experienced discrimination based on the established criteria noted below. e The courts have repeatedly endorsed testing and recognized the important role that testers play in gathering evidence of discrimination in areas where such evidence is particularly hard to come by. Havens Realty Corp. v. Coleman. 455 U.S. 363 (1982). City of Rosemead - page 17 of 58 Analysis of Impediments to Fair Housing Choice April 2010 2. Phone Testing For protected classes such as race and national origin, it is necessary to conduct on-site tests in order to adequately measure differential treatment in the rental and sales process. Through our experience with testing, we have found that in most cases, phone testing is adequate to measure discrimination based on disability. In a fair housing phone test, a minority group tester and a majority group tester are matched on all relevant characteristics. These characteristics include age, income, employment and time at job. Characteristics are assigned to the applicant by the test coordinator. The tester merely pretends to work in a certain profession, make a certain amount of money, and/or assumes whatever characteristics have been assigned to him or her. The testers then separately call the housing provider, usually the property owner or manager, within an hour of one another. The protected tester always makes the first call. For disability tests, the protected tester is required to tell the housing provider that he or she will need a reasonable accommodation due to a disability. If these criteria aren't met, the test is incomplete. The testers are trained to carefully listen and later objectively record the details of their experiences on the standardized reporting forms. These forms include specific questions as well as a narrative. HRC designed its tester forms to ensure that each tester reports his or her experience in sufficient detail so as to determine whether the testers remained "similarly situated" during the test. A test coordinator examines the report forms to determine whether the testers were given the same information and treatment. 3. Number and Type of Tests The Housing Rights Center conducted a total of 20 phone inquiry Disability tests. Each paired test was measured for differential treatment in the housing transaction, including differences in the quantity, content and accuracy of information and quality of service given to each home seeker by a property owner or manager. 4. Target Area Selection HRC used Internet services such as www.westsiderentals.com, www.craigslist.com and local newspapers to identify rental vacancy listings. C. Audit Results The Housing Rights Center conducted 20 phone tests to measure discrimination against people with disabilities. 6 In the tests HRC conducted in Rosemead, the Protected Disabled Tester required the use of an assistance animal (companion dog to help alleviate symptoms of a mental disability). Under the disability provision of the fair housing law, an individual with a disability can request a reasonable accommodation, or change, in rules, policies, practices, or services, in order to have the same use and enjoyment of a dwelling as a person who does not have a disability. In the example of a "no pet" policy, a person with a disability can request an exemption from the policy to accommodate her need for a companion dog. City of Rosemead page 18 of 58 Analysis of Impediments to Fair Housing Choice April 2010 1. Audits Finding Evidence of Discrimination Of the 20 Disability tests conducted in Rosemead, 10 tests (50%) showed evidence of discrimination based on disability. Tests 1, 3, 5, 7, 12, 15, 16, 17, 18, and 20 produced evidence of differential treatment based on disability. In Test 1 the housing provider did not flat out reject the service animal but told the Protected Disabled Tester that she would be required to pay a pet deposit. A pet deposit is commonly charged in addition to the regular deposit when a housing provider allows pets, but wants to obtain a higher security deposit to cover damage that might be caused by the pet. This practice of collecting a pet deposit when the animal provides assistance to a person with a disability is unlawful. 7 A person with a disability can request a reasonable accommodation to a "no pet" policy and to a "pet deposit" policy. This accommodation is in the form of an exception to the rule. Housing providers often use the "flood gates" argument and claim that they will then have to allow anyone to have a pet. This argument is not correct because the "no pet" policy can remain in place for tenants that do not have disabilities. In Tests 3 and 20 the agent told the Protected Disabled Tester that she did not allow pets. In response the Protected Disabled Tester told the agent that she had a note from her doctor about the dog. In both Tests, the agent said she would look into it but never called the Protected Disabled Tester back. In Tests 5 and 7 the housing provider flat out rejected the Protected Disabled Tester after she said that the unit would be for her and her companion dog. In both tests the Protected Disabled Tester said the companion dog was prescribed by her doctor. The housing provider responded in both tests that dogs were not allowed. In Test 12 the Protected Disabled Tester told the housing provider that the unit was for her and her companion dog that was required by her doctor. The housing provider told the Protected Disabled Tester that dogs were not allowed because the previous tenant had a cat that ruined the carpet and that kids at the property would want to play with the dog. As a final rejection the housing provider stated that the dog would cause too much damage to the property. In Test 15 the housing provider didn't reject the Protected Disabled Tester upon finding out about the companion animal but insisted the Protected Disabled Tester would have to pay a $2,300 security deposit. The housing provider stated that this was because the carpet would have to be changed when the Protected Disabled Tester moved out. The Control Tester was also quoted a $2,300 security deposit but was told that amount was negotiable. In Test 16 the agent asked the Protected Disabled Tester numerous questions about the dog. The agent wanted to know if it was an indoor dog and asked about the dog's size. The Protected Disabled Tester answered the questions and added that the See Joint Statement of the Department of Housing and Urban Development and the Department of Justice, "Reasonable Accommodations Under the Fair Housing Act," p. 9, n. 11 (May 17, 2004) ("Housing providers may not require persons with disabilities to pay extra fees or deposits as a condition of receiving a reasonable accommodation.') Also in HUD v. Guenther, No. HUDALJ 08-00-0390-8, the U.S. Department of Housing and Urban Development (HUD) prosecuted a case where a landlord charged a pet deposit for service animal. HUD was able to get a consent decree that required the landlord to attend fair housing training, perform 40 hours of community service and pay the complainant $3,500. City of Rosemead page 19 of 58 Analysis of Impediments to Fair Housing Choice April 2010 dog was prescribed by her doctor. The agent stated that she would have to check with her sister who owned the house. The agent never called back. In Test 17 the Protected Disabled Tester told the agent that the unit would be for her and her companion dog. The agent stated that he was not the owner and would have to look into the matter. The Protected Disabled Tester later called back and the agent told her that the manager does not allow dogs. The Protected Disabled Tester told the agent she had a note from her doctor for the dog. The agent responded that he might allow the dog if the Protected Disabled Tester got renter's insurance. The agent then recommended another available unit that accepted tenants with cats. In Test 18 the agent told the Protected Disabled Tester that they didn't accept dogs after the Protected Disabled Tester stated that the unit would be for her and her companion dog. The Protected Disabled Tester went on to state that the dog was prescribed by her doctor. The agent then told the Tester to call the manager. The Protected Disabled Tester called the manager and told him the unit would be for her and her companion dog. The manager did not comment on the dog. In this test the agent and manager seemed to have different policies. Audit # -1 Protected: Disabled Control: Not Disabled Location Rosemead, 91770-1972 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. The agent Evidence of said that a pet deposit would need to be paid. Discrimination ♦ Both testers were quoted $895 for the rent, $895 security deposit and $30 for the credit check. They were both asked to bring their social security card and pay stubs. ♦ The control tester was told of a move in special of 2 weeks free. Audit # -3 Protected: Disabled Control: Not disabled Location Rosemead, CA 91770-3571 Finding ♦ The protected tester stated the unit would be for her and her companion dog and that she Evidence of had a note from her doctor for the dog. The Discrimination agent told the protected tester they do not allow pets. The protected tester asked the agent if she would grant an exception. The agent said she would look into it but didn't call back. ♦ The protected tester was told that the first month's rent is free. ♦ Both testers were quoted $1,000 for rent, $1,100 for the security deposit, and a $30 credit check fee. City of Rosemead page 20 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Audit # -5 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3257 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. The agent Evidence of told the protected tester that there are no pets Discrimination allowed. The protected tested told the agent that the companion dog was prescribed by her doctor. The agent repeated that no pets were allowed. ♦ Both testers were quoted $1,550 for rent, $1,550 for the security deposit, and a $30 credit check fee. Audit # -7 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-2329 Finding ♦ The protected tester stated that the unit would be for her and her companion animal that was Evidence of prescribed by her doctor. The agent said that Discrimination they do not accept dogs. The protected tester repeated that the dog was prescribed by her doctor. The agent's response was that under no circumstances do they allow dogs. ♦ Both testers were quoted $699 in rent, $900 security deposit, and a $35 credit check fee. Audit # -12 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3243 Finding ♦ The protected tester told the agent the unit would be for her and her companion dog that Evidence of was required by her doctor. The agent said Discrimination that dogs are not allowed because the previous tenant had cats that ruined the carpet. The agent also said there are also kids there that would want to play with the dog. The agent stated that the dog would cause too much damage to the property. ♦ The protected tester was quoted $1,100 for the rent and $1,200 for the security deposit. ♦ The control tester was told that there were two units available, one in the front renting for $1,200 and the other one renting for $1,100. The control tester was also told that the security deposit was negotiable and there was a $25 credit check fee per adult. City of Rosemead page 21 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Audit # -15 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3430 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. The agent Evidence of told the tester that she would need to pay a Discrimination $2,300 deposit because they would have to change the carpet when she left. ♦ The control tester was quoted $2,300 for the deposit but that it was negotiable. ♦ Both testers were quoted $2,000 for the rent and a $25 credit check fee. Audit # -16 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-2462 Finding ♦ The protected tester told the agent that the unit would be for her and her companion dog. Possible The agent asked if the dog was an indoor dog Evidence of and if it was a small dog. The protected tester Discrimination told the agent it was a small poodle and is an indoor dog but she takes it out for bathroom breaks. The agent said she didn't own the house and would need to talk to her sister who is the owner. The protected tester said the dog was prescribed by her doctor. After calling back and leaving a message for the agent, the protected tester did not receive a call back from the agent about the dog. ♦ Both testers were quoted $875 in rent and $875 for the security deposit. Audit # -17 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1305 Finding ♦ The protected tester told the agent the unit would be for her and her companion dog. The Evidence of agent said he was not the owner therefore he Discrimination would need to look into the matter. The protected tester offered to call back in order to confirm the pet policy. The protected tester waited before calling back and the agent told the tester "the manager does not allow dogs." The protected tester told the agent she had a note from the doctor for the dogs and the agent responded that he might allow it if she gets renter's insurance. The agent told the protected tester about another available unit where cats were acceptable. City of Rosemead page 22 of 58 Analysis of Impediments to Fair Housing Choice April 2010 ♦ Both testers were quoted $700 in rent, $1,000 for the security deposit and no credit check Audit # -18 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-2076 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. The agent Possible said that they didn't accept dogs. The tester Evidence of explained that the dog was prescribed by her Discrimination doctor but the agent instructed her to call the manager instead. The tester called the manager and stated the unit would be for her and her companion dog but the manager did not comment about the dog. ♦ The protected tester was quoted $1,150 in rent, a $30 credit check fee, and that the security deposit was dependent on the credit score. If she had good credit, the security deposit would be equal to one month's rent. ♦ The control tester contacted the agent but was asked to call the manager. The tester called the manager but the call went to voicemail. Audit # -20 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1227 Finding ♦ The protected tester stated the unit would be for her and her companion dog. The agent Possible said there is a "no pets" policy and she would Evidence of need to talk to the manager. The agent said Discrimination she would call the tester back. After 24 hours there was no return call from the agent or the manager ♦ Both testers were quoted $1,200 for the rent and $1,200 for the security deposit. The control tester was quoted $35 for the credit check fee. 2. Audits with No Evidence of Discrimination Of the 20 Disability tests conducted in Rosemead, 10 tests (50%) showed no evidence of discrimination based on disability. Tests 2, 4, 6, 8, 9, 10, 11, 13, 14, and 19 did not produce evidence of discrimination based on disability. In all of these Tests the housing providers allowed the companion animals. The housing providers also quoted the same rental amounts, security deposit amounts, and credit check fees to both the Protected Disabled Tester and the Control Tester. City of Rosemead page 23 of 58 Analysis of Impediments to Fair Housing Choice April 2010 The one exception was Test 11. In this test the Protected Disabled Tester told the agent the unit would be for her and her companion dog. The agent initially said no to the companion dog but then the Protected Disabled Tester told the agent that the dog was prescribed by her doctor, weighed less than 20 pounds and does not bark consistently. The agent then responded that if the Protected Disabled Tester needed the dog then it would be fine. Audit # -2 Protected: Disabled Control: Not disabled Location Rosemead, 91770-1316 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. No Evidence of ♦ Both testers were quoted $800 for rent, $800 Discrimination for the security deposit and no credit check fee. Audit # -4 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1384 Finding ♦ The protected tester stated that the unit would No Evidence of be for her and her companion dog. Discrimination ♦ Both testers were quoted $750 in rent, $750 for the security deposit and a $30 credit check fee. Audit # -6 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3019 Finding ♦ The protected tester stated that the unit would be for her and her companion dog that is No Evidence of prescribed by her doctor. Discrimination ♦ Both testers were quoted $975 in rent, $975 for the security deposit and $25-$30 credit check fee. Audit # -8 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1973 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. The agent No Evidence of told the tester that dogs were not accepted. Discrimination The tester explained that the dog was for her depression and that she had a prescription from her doctor. The agent told the tester that as long as she had the paperwork it would be fine to have the dog. ♦ Both testers quoted $835 in rent, $835 for the security deposit and a $25 credit check fee. City of Rosemead page 24 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Audit# -9 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1151 Finding ♦ The protected tester stated the unit would be for her and her companion dog that the dog No Evidence of was prescribed by her doctor. The agent made Discrimination no comment but Cp asked if there was a pet deposit and the agent said no. ♦ Both testers were quoted $1,600 for the rent, $1,600 for the security deposit a $20 credit check fee. Audit # -10 Protected: Disabled Control: Not Disabled: Location Rosemead, CA 91770-4208 Finding ♦ The protected tester stated the unit would be for her and her companion dog. The agent No Evidence of asked if it was a large dog. The protected Discrimination tester told the agent it was a little Shih Tzu that was prescribed by her doctor. The agent said that it would be fine. ♦ Both testers were quoted $700 for the rent and $1,000 for the security deposit. Audit # -11 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3320 Finding ♦ Once the protected tester told the agent that the unit would be for her and her companion No Evidence of dog the agent said no to the companion dog. Discrimination The protected tester explained to the agent that it was prescribed by her doctor, weighed less than 20 Ibs and does not bark consistently. The agent said that if she needed the companion dog that it would be fine. ♦ Both testers were quoted $1,200 for the rent and $1,200 for the security deposit. The agent told both testers that there was no charge for the credit check. Audit # -13 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-2345 Finding ♦ The protected tester stated that the unit would be for her and her companion dog. No Evidence of ♦ Both testers were quoted $1,100 in rent and a Discrimination $500 security deposit. ♦ Both testers were told that the credit check fee was $25. City of Rosemead page 25 of 57 Analysis of Impediments to Fair Housing Choice April 2010 Audit # -14 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-3656 Finding ♦ The protected tester stated that the unit would be for him and his companion dog. The agent No Evidence of said that pets were now allowed. The tester Discrimination explained that the dog was prescribed by a doctor and the agent said it would be okay. ♦ Both testers were quoted $1,195 in rent and $1,000 for the security deposit. Audit # -19 Protected: Disabled Control: Not Disabled Location Rosemead, CA 91770-1457 Finding ♦ The tester stated that the unit would be for her and her companion dog that was prescribed No Evidence of by her doctor. Discrimination ♦ Both testers were quoted $1,300 for the rent and $2,000 for the security deposit D. Conclusion Of the 20 disability phone tests conducted, 10 produced evidence of differential treatment based on disability. Overall 50% of the tests showed some evidence of discrimination. These results show that discrimination is occurring in the pre- application rental process in Rosemead. City of Rosemead page 26 of 58 Analysis of Impediments to Fair Housing Choice April 2010 V. ANALYSIS OF PHONE SURVEYS This chapter analyzes data gathered from community members through surveys conducted by the Housing Rights Center. The goal of the survey was to find out if current residents of the City of Rosemead experienced discrimination when looking.for property to rent or purchase. Respondents were asked a series of questions to measure the prevalence and type of housing discrimination, if any, that they experienced as residents of Rosemead. A. Demographic Profile of Respondents The participants of the survey were 32 individuals who are currently residents of the City of Rosemead. The respondents were randomly chosen from the Yahoo! Yellow Pages. Thirty-two (32) were taken via telephone through random selection from the Yahoo! Yellow Pages. Twenty (20) of the respondents were female and twelve (12) were male. All 32 respondents were asked to give their age. Overall, the highest number of respondents were 66 and over (31 Table 5.1 Ages of Respondents Age Male Female Percent 18-25 3 1 13% 26-35 4 3 22% 36-45 0 2 6% 46-55 2 1 9% 56-65 1 5 19% 66+ 2 8 31% Preferred not to state 0 0 0% age. Total 12 20 100% The 32 respondents were also asked to give their annual income. The highest number of respondents had annual incomes less than $20,000 (50%). Table 5.2 Income of Respondents Age Male Female Percent Less than $10,000 0 8 25% $10,001-$20,000 5 3 25% $20,001-$30,000 1 5 19% $30,001-$40,000 2 1 9% $40,001-$50,000 1 0 3% $50,001-$60,000 0 0 0% More than $60,000 1 3 13% Preferred not to state 2 0 6% income. Total 12 20 100% City of Rosemead page 27 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Of the 32 respondents, five (5) were single person households, eight (8) were from two-person households, five (5) had three in the household, nine (9) had four in the household, three (3) had five in the household, one (1) had an eight person household and one (1) had nine in the household. B. Analysis 1. Finding Housing in the City of Rosemead Respondents were first asked if they had experienced problems when trying to find housing in Rosemead. The majority of respondents stated they had never had problems finding housing in Rosemead. Sixty-nine percent (69%) of the respondents said they had 'never' experienced problems when finding housing in Rosemead, nine percent (9%) reported they had 'sometimes' had problems finding housing in Rosemead, and sixteen percent (16%) indicated that they 'always' experienced problems when looking for housing in Rosemead and (6%) refused to answer the question. Table 5.3 Problems finding housing in Rosemead Frequency Percent Never 22 69% Sometimes 3 9% Always 5 16% Did Not Answer 2 6% Total 32 100% Respondents were next asked what resources they used to find housing in Rosemead. Respondents were given a variety of different response categories including (1) newspaper rental listings, (2) driving around, (3) rental listings in magazines, (4) word of mouth, (5) internet rental listings, (6) fee-based rental listings, (7) city resources (listings), (8) Project Place-8 and (9) Other. Thirteen percent (13%) of respondents said they drove around to find housing, 13% said they heard about housing vacancies through word of mouth, and 6% used newspaper rental listing. Interesting to note is that 44% of respondents used sources not listed on the survey. The other sources identified by respondents were real estate agents, friends, and family. In addition, 3% of respondents stated they did not remember the source they used. 8 Project Place is a listing service provided to the public by the Housing Rights Center. City of Rosemead page 28 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 5.4 Resources used to find housing Frequency of "Yes" Percent Newspaper rental listings 2 6% Driving around 4 13% Rental listings in magazines 1 3% Word of mouth 4 13% Internet rental listings 1 3% Fee based rental service 3 9% City resources (listings) 2 6% Project Place 0 0% Other resource 14 44% Did not remember 1 3% Total 32 100% Sixty-three (63%) stated they found housing in Rosemead within a month of starting their search. Table 5.5 How long to find housing in Rosemead Frequency Percent Less than a week 13 41% Less than 2 weeks 2 6% Less than a month 5 16% Less than 2 months 6 19% Less than 3 months 0 0% More than 3 months 4 12% Did not remember 2 6% Total 32 100% Respondents were also asked to state the type of housing in which they lived. The majority of respondents lived in purchased single-family homes (66%) and the remaining respondents lived in rental units (34%). Table 5.6 Type of housing F Percent Rental Unit (apartment, house, 11 34% duplex, etc.) Mobile Home 0 0% Singe Family Home (purchased) 21 66% Total 32 100% 2. Prevalence of Housing Discrimination in the Rosemead Housing Market All respondents were asked whether they had ever had any language or communication difficulties when looking for housing in Rosemead and how familiar they were with the laws that provide protection against housing discrimination. If respondents stated they were familiar with the fair housing laws, they were then asked how they learned about these laws. After this series of questions, respondents were City of Rosemead page 29 of 58 Analysis of Impediments to Fair Housing Choice April 2010 asked a second set of questions that were based on their current type of housing: (1) rental housing; (2) mobile home, or (3) purchased home. This second series of questions was specifically tailored to the type of home in which the respondent stated they currently lived. First, respondents were next asked if they had ever experienced language or communication difficulties when looking for housing in Rosemead. The majority of respondents who answered this question (88%) stated they had not experienced language or communication difficulties when looking for housing in Rosemead. Table 5.7 Language or communication difficulties when looking for housing Frequency Percent Yes 3 9% No 28 88% Did not answer 1 3% Total 32 100% Respondents were also asked how familiar they were with housing laws that provide protection against housing discrimination. Fifteen (47%) indicated that they were "not at all" aware of the fair housing laws. In addition to this, eleven (34%) of respondents stated they were "a little bit" familiar with the fair housing laws and six (19%) stated they were "a lot" familiar with fair housing laws. These results indicate that the Housing Rights Center needs to increase the level of fair housing outreach to the Rosemead community. Table 5.8 Familiarity with housing laws that protect against housing discrimination Frequency Percent Not at all 15 47% A little bit 11 34% A lot 6 19% Did not answer 0 0% Total 32 100% Of the respondents who said that they were "a little bit" or "a lot" familiar with fair housing laws, fourteen (14) told surveyors where they had learned about the fair housing laws. Two (2) indicated they had received information from City Hall, two (2) received information from other tenants or friends, two (2) learned about fair housing from television public service announcements, four (4) read about fair housing in the newspaper, two (2) learned information from school, one (1) learned about fair housing by contacting a fair housing organization and one (1) learned about fair housing on the internet. a. Rental Housing As indicated in Table 5.6, eleven (11) respondents stated they lived in rental housing. Each respondent was asked a series of ten questions to uncover whether he City of Rosemead page 30 of 58 Analysis of Impediments to Fair Housing Choice April 2010 or she had ever experienced any different treatment because they belonged to a group protected by the fair housing laws. Of the 11 respondents who were asked if they had ever felt discriminated against when renting property in Rosemead, nine (82%) indicated that they had never felt discriminated against, one said he was discriminated against once or twice and one stated he was discriminated against often. Although is seems low that only two respondents out of eleven indicated they felt discriminated against, if these eleven respondents are representatives of Rosemead residents, than housing discrimination could be occurring frequently in rental housing. Table 5.9 Ever felt discriminated against when renting Frequency Once or twice 1 Often 1 Did not answer 0 Total 11 Percent b2W/o 9% 9% 0% 100% For the respondent who said that they had felt discriminated against when renting property in Rosemead, the survey next asked a follow-up question regarding how the respondent handled or dealt with the situation. The respondents were given six choice categories which were: (1) contacted City Hall, (2) contacted a fair housing organization, (3) contacted the police, (4) contacted a lawyer, (5) did nothing about it and (6) looked for another place to live. The two respondents who reported that they had experienced discrimination "once, twice or often" indicated they 'did nothing about it' and 'looked for another place to live.' Next, respondents were asked if they have ever been charged higher fees for their apartment for any reason. Of the 11 respondents who answered this question, six (55%) said they felt that they had never been charged higher fees, three (27%) said that they had been charged higher fees 'once or twice,' and two (18%) said they were often charged higher fees for their apartment. Table 5.10 Charged higher fees on apartment for no reason t-requen Never 6 Once or twice 3 Often 2 Total 11 Percent 55% 27% 18% 100% The last part of the survey asked respondents if they felt that their landlord had treated them differently for any reason including the categories that are protected under fair housing laws which include because of their racial background, gender, family size, national origin or age. For each of the reasons, respondents could answer from the following responses: (1) never, (2) sometimes or (3) always. City of Rosemead page 31 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Respondent were first asked if they had ever felt treated differently by their landlord because of their racial background. Eight (73%) respondents indicated that they had 'never' been treated differently based on their race. Only three (27%) said that they felt treated differently either 'sometimes' or'always.' Table 5.11 Ever been treated differently because of racial background Frequency ' Percent Never Sometimes Always Total 8 7.i"/o 1 9% 2 18% 11 100% Respondents were next asked if they had ever felt treated differently by their landlord because of their gender. Nine (82%) respondents said that they had 'never' been treated differently based on their gender and two (18%) indicated they had 'sometimes' been treated differently based on their gender. Table 5.12 Ever been treated differently because of gender Frequency Percerl Never 9 82% Sometimes 2 18% Always 0 0% Total 11 100% Five (45%) respondents who answered this question indicated that they felt their landlord had treated them differently either 'sometimes' or 'always' because of the size of their family. Six (55%) said that they had 'never' experienced discriminatory treatment by their landlord based on their family size. Table 5.13 Ever been treated differently because of family size Never Sometimes Always Total 4 36% 1 9% 11 100% Next, respondents were asked if they had ever felt that their landlord had treated them differently because of their national origin. Seven (64%) said that they had 'never' been treated differently based on their national origin, and four (36%) indicated they either 'sometimes' or 'always' had experienced discriminatory treatment by their landlord based on their national origin. City of Rosemead page 32 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 5.14 Ever been treated differently because of national origin Frequency Percent Sometimes Always' Total 7 b4% 2 18% 2 18% 11 100% Finally, respondents were asked if they felt their landlord treated them differently because of their age. Eight (73%) said that they 'never' had experienced differential treatment by their landlord based on their age. Only three (27%) indicated they 'sometimes' had experienced discriminatory treatment by their landlord based on their age. Table 5.15 Ever been treated differently because of age rreauen Never 8 Sometimes 3 Always 0 Total 11 C. Conclusion / 3"/0 27% 0% 100% Overall, results from the survey reveal three major findings. First, some Rosemead residents find it difficult to find housing. Twenty-five percent of all respondents indicated that they had problems securing housing in Rosemead. On average, respondents indicated that it took them more than a month to find housing. Secondly, when asked about familiarity with fair housing laws, 47% of respondents indicated that they were "not at all" aware of housing discrimination laws. Lastly, when questioned regarding experiencing discrimination, 27% of respondents indicated that they experienced racial discrimination, 18% indicated that they had experienced discrimination based on gender, 45% indicated they had experienced familial status discrimination, 36% indicated they had experienced discrimination based on their national origin, and 27% indicated that they experienced age discrimination. Percent City of Rosemead page 33 of 58 Analysis of Impediments to Fair Housing Choice April 2010 VI. REVIEW OF GOVERNMENT POLICIES HRC reviewed provisions of the Rosemead Municipal Code ("RMC"), specifically Title 15 (Buildings and Construction) and Title 17 (Zoning), for compliance with state and federal fair housing laws. We detailed any actual and potential conflicts between the RMC and the letter and spirit of the state and federal fair housing laws, analyzed the fair housing impact on protected groups of Rosemead residents, and suggested changes to bring the respective sections into compliance. This review does not include analysis of the Building Code vis-a-vis the technical accessibility requirements of the Fair Housing Act or the Americans with Disabilities Act. This section is divided into three parts. The first presents RMC sections that are in direct conflict with state or federal fair housing laws. HRC recommends that the City makes it a priority to change these sections to bring the RMC into compliance with fair housing law. The second part analyzes RMC sections that should be changed to achieve the goal of affirmatively furthering fair housing. The third part addresses other relevant considerations. A. Direct Conflicts 1. Definition of Family Under § 17.04.020, "Family" is defined as: [A] person, or persons related by blood, marriage or adoption, irrespective of number, or a group of not to exceed five persons (excluding servants) living together as a single housekeeping unit in a dwelling unit. People with disabilities may require a group living arrangement whereby they secure the support they need to live in the community. Overly restrictive definitions of family that place numerical limits on unrelated persons and occupancy standards based on familial status restrict the housing choices of individuals with disabilities in violation of federal and state fair housing laws. The definition of "family" must emphasize the functioning of the members as a cohesive household and cannot distinguish between related and unrelated persons. When a group home of individuals with disabilities functions like a family, they cannot be excluded from residential zones solely because the residents are unrelated by blood, marriage, or adoption. In 1980, the California Supreme Court, in City of Santa Barbara v. Adamson (27 Cal. 3d 123, 164 Cal. Rptr. 539 [1980]), struck down a municipal ordinance that permitted any number of related people to live in a house in an R1 zone, but limited the number of unrelated people who were allowed to do so to five. The court held that the residents of the Adamson household, although unrelated, were a single housekeeping unit that could be termed an alternative family and as such could not be excluded from the single family zone, or made to apply for a conditional use permit. City of Rosemead page 34 of 58 Analysis of Impediments to Fair Housing Choice April 2010 The Code should be amended to properly reflect the law. A proposed amendment to the code would define family as "one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit." This is a lawful, and therefore preferable, definition than the current definition. 2. Definition of Bachelor Apartment Under 17.04.020, "Bachelor apartment" is defined as [A]n apartment or dwelling unit in a multiple dwelling or apartment house, occupied or suitable for occupancy as a residence for one person. A bachelor apartment contains bath and cooking facilities and one room used for living room and sleeping with no separate bedroom. Federal and state fair housing laws protect families with children from unlawful discrimination. These laws indicate that reasonable occupancy limits may be set for dwellings, but occupancy limits may be deemed unreasonable if overly restrictive with respect to families with children, which by definition are comprised of 2 or more people. It is a violation of the federal and state fair housing laws to restrict occupancy of bachelor apartments to one person only, without taking into regard the size (square footage) of the apartment. For example, if a woman living in a bachelor apartment became pregnant and, after giving birth, resided in that apartment with her infant, this definition of bachelor apartment containing an occupancy limit of one person may be interpreted by a landlord that this tenant and her child should be evicted, even if they were able to comfortably reside there. This would cause a direct conflict with state and federal fair housing laws. B. Potential Conflicts 1. Lack of References to Accessibility and Accommodations Federal and state fair housing laws require cities and counties to provide modifications and accommodations to disabled persons where such modifications or accommodations are reasonable and necessary. The State Attorney General has stated that local governments have an affirmative duty under fair housing laws to provide reasonable accommodation and that existing variances or conditional use permit processes are not sufficient to provide such accommodations because they do not provide the correct standard for making fair housing determinations and because the public process used in making entitlement determinations fosters opposition to housing for persons with disabilities. City of Rosemead page 35 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Pursuant to fair housing laws and also the Americans with Disabilities Act ("ADA"), the City of Rosemead should provide for reasonable accommodations for persons with disabilities. 2. Off-Street Parking Regulations Chapter 17.84 contains provisions regarding off-street parking. HRC's review indicated that the Chapter contains no provisions regarding parking reserved for persons with disabilities. Pursuant to the Americans with Disabilities Act ("ADA"), building developers must include a specified number of parking spaces for persons with disabilities, depending on the total number of parking spaces provided, in particular relating to multiple family dwellings and condominium developments. Reference should be made regarding the ADA and to Part 20 of the United States Code of Federal Regulations, directing readers to the provisions regarding the required number of disabled spaces. C. Other Relevant Considerations 1. Prohibitions and Penalties for Improper Garbage and Rubbish Disposal Provisions regarding garbage and rubbish disposal are located outside of Titles 15 and 17, and, specifically, are provided in Title 8, Health and Safety. However, nuisance laws affect certain persons with disabilities and therefore we address this issue herein. Recently, mental health professionals have identified a disorder related to obsessive compulsive disorder, which causes some individuals to engage in activity labeled "hoarding." An individual who engages in "hoarding" might run afoul of the measures with regard to garbage and rubbish disposal (See 8.32.010 through 8.32.150) and need a reasonable accommodation, e.g., additional time to comply with the order to abate the nuisance or information regarding community resources to assist with the clean-up. Additionally, persons with physical disabilities who cannot sustain long periods of strenuous activity might need additional time to comply. While the right to a reasonable accommodation is available to persons with disabilities under existing fair housing laws, it would be helpful to explicitly state within this code section that persons with disabilities may request an accommodation as needed, which request will be evaluated by the appropriate agency. Such accommodation should include relief from any penalties assessed pursuant to a finding of a nuisance, or other, violation. City of Rosemead page 36 of 58 Analysis of Impediments to Fair Housing Choice Ap ril 2010 VII. HOME MORTGAGE DISCLOSURE ACT DATA The following section was constructed using 2006, 2007 and 2008 Home Mortgage Disclosure Act (HMDA) data. This section examines the impediments to fair housing choice in the City of Rosemead as they relate to credit markets, including mortgages. A. Access to Housing Credit in Rosemead-General Background 1) The legal context of barriers to credit markets In the United States, economic security and advancement are frequently based on owning a home. Acquiring a home, however, depends to a large degree on having access to credit. Credit provides a market conduit for channeling spending power to households that can use it productively. If this market channel malfunctions, only inside channels such as other family members can be tapped. For those households without this option, homeownership and the economic security this can bring become impossible. Thus, it becomes evident that equality of opportunity and fair access to markets (including credit markets) are linked. Laws passed in the 1960's and 1970's make this link clear and legally enforceable. The Civil Rights Act of 1964 mandates that institutions that control economic resources cannot legally discriminate on the basis of race, gender, age, or disability. The 1968 Fair Housing Act went further: "It shall be unlawful for any person or other entity whose business includes engaging in residential real estate-related transactions to discriminate against any person in making available such a transaction, or in the terms or conditions of such a transaction, because of race," (42 U.S.C., sec. 3601-3631 (1988)). The Equal Credit Opportunity Act (ECOA) of 1974, in turn, makes racial discrimination illegal in credit market decisions. Federal responsibility for ensuring that financial and housing markets operate equitably was strengthened in the 1970's. The 1975 Home Mortgage Disclosure Act (HMDA) requires banks and other depository institutions to provide annual data on their mortgage lending by census tract. The 1977 Community Reinvestment Act expands upon the responsibility of banks and other depository institutions to meet credit needs throughout their entire market area, no matter how income and race vary within this area, and it also requires that banks not define their market areas in a manner that discriminates against minority areas. In 1989, the HMDA was amended: as of 1990, lenders were directed to submit more detailed evidence (on applications, not just loans), and more types of lenders (including mortgage companies) were required to report under HMDA. In sum, federal law makes it illegal for lenders to practice either discrimination or City of Rosemead page 37 of 58 Analysis of Impediments to Fair Housing Choice , April 2010 redlining in credit and housing markets. Discrimination occurs whenever minorities (or any group protected by law) are more likely to be turned down in a given market transaction than are Whites or when minorities can make a given transaction only at a higher cost or worse terms than Whites. Redlining occurs when a given market transaction costs more or occurs less often in a geographic area with a high minority population (or in an inner-city location) than in a low minority (or suburban) area, even when differences in these areas' economic characteristics are considered. So discrimination disadvantages a borrower or applicant independent of her location and redlining disadvantages borrowers or applicants in a location independent of their individual characteristics. 2) Detecting evidence of credit-market barriers Numerous court cases and Congressional fine-tuning have clarified the legal meaning of discrimination. In March 1994, the federal agencies responsible for enforcing credit- market discrimination, issued a unified policy statement incorporating these clarifications. Three types of discrimination are identified: • Overt Discrimination - refusing to initiate a transaction with a person of color; • Disparate Treatment - screening minorities more harshly than Whites in application processes, or subjecting minority applications to different application processes; • Disparate Impact - conducting commercial practices that disproportionately harm a racial minority without being justified by a legitimate business need. Economists and legal experts agree that the first two types of discrimination can best be detected through well-designed, direct "tests" of whether the procedures of lenders, real-estate agents, and others are racially neutral. But detecting the third type of discrimination requires the use of indirect evidence. Experts disagree about what standard of proof for indirect evidence is required to demonstrate an "unfair" pattern of credit flow. The problem is that differences between groups (such as White and African-American loan applicants) or areas (such as minority and White neighborhoods) may arise either because of market-based reasons, such as differences in wealth, or "irrational" reasons such as racism. In general, the federal government is willing to go after race-based disparities, but not market-based disparities. In practice, the line between the two is blurry, at least in part because differences may arise from both. Redlining has not been given a precise legal meaning, since the legislation creating it is less clear in defining what behaviors constitute a failure to provide credit equitably over bank market areas. The CRA itself provides that "credit needs" should be met uniformly, but economists have no established method of determining such needs. In practice, redlining has been measured by testing for credit-market "fair share." Simply put, every neighborhood should receive its "fair share" of credit flows, adjusted for the prices of its homes. City of Rosemead page 38 of 58 Analysis of Impediments to Fair Housing Choice April 2010 3) Evidence of discrimination and redlining What kind of evidence do studies and regulators find concerning discrimination and redlining in credit and housing markets? Definitive proof of discrimination is hard to come by, because this proof would have to account for all factors that lenders may legitimately use before demonstrating- conclusively that lenders are biased. The only city for which definitive proof of discrimination in credit markets has been established is Boston, and even the various studies of Boston' still have their critics who refuse to concede the discrimination has been proven. Boston's studies were special because researchers received complete access to lenders' data files on loan applicants. In many studies elsewhere in the U.S., suggestive evidence, if not definitive proof, of credit-market discrimination has been produced using HMDA data. While experts agree that HMDA data cannot be used to "prove" discrimination by banks, experts also agree that this data can be used to determine whether discrimination may be occurring. In sum, HMDA data can be used to conduct a diagnostic analysis of whether discrimination may be a problem in any area. The detection of redlining presents fewer measurement problems than that of discrimination. Redlining may occur whenever there are significant social differences between any two sub-areas within a larger community; suburb vs. inner-city, professional vs. working class areas, largely White vs. largely minority areas. Most redlining analyses test for lending gaps between areas with differing racial compositions. Studies of racial redlining follow a three-step procedure. First, the community being analyzed is subdivided according to the percentage of minority residents in its various sub-areas (census tracts). Second, sub-area loan flows and approval/denial rates are compared. If differences are found (for example, minority areas received lower credit flows than non-minority areas), then an effort is made to determine whether these differences are attributable to economic elements. Third, further tests on loan flows and denial rates are run, taking economic factors into account. If significant racial gaps exist after accounting for economic factors, then redlining is found. Evidence of redlining is always "suggestive" and not "definitive" because so many different economic and social variables interact in communities. This study relies exclusively on suggestive evidence of discrimination and redlining in the credit market. Achieving definitive evidence of discrimination would require more detailed information than HMDA and Census data can provide. B. Access to Housing Credit in Rosemead: Local Practices 1) The evidence for Rosemead's credit markets It is important to look into the problem of discrimination because of the tremendous City of Rosemead page 39 of 58 Analysis of Impediments to Fair Housing Choice April 2010 ethnic diversity of the Los Angeles region and, indeed, of Rosemead itself. Lenders might exercise different lending practices with different ethnic groups, for example. The sections that follow will examine whether loan flows differ among different categories of Rosemead loan applicants and in different geographic areas within Rosemead. Redlining analyses tend to compare loan flow differences between broad geographic areas (inner-city versus suburban areas) within large metropolitan areas. It might seem inappropriate to examine redlining just within the city of, Rosemead. However, Rosemead is large and diverse enough that geographic variations in loan flows may be significant. This evaluation of Rosemead's credit markets is based on the 2006-2008 HMDA data for the City of Rosemead, which are the most recent years of data available. HMDA data are collected at the census-tract level. Our analysis proceeds in several steps. We first review the participants in the Rosemead residential credit markets- the most active banks and other lenders on the supply side of these markets, as well as the racial and income characteristics of the households on the demand side. We then evaluate evidence concerning discrimination and redlining in Rosemead residential-credit markets in two stages; first, a broad overview, and next, an in-depth analysis. 2) Participants in the Rosemead residential credit market The supply side. Table 1 provides summary data for 2006-2008. During this time period mortgage companies provided 49% of all residential loans in the city of Rosemead. Commercial banks and thrifts accounted for 29% and 21% of this market, respectively, and credit unions provided the remaining 1% of market share. This pattern of market share is similar to newer suburban communities. In newer communities such as Santa Clarita and Lancaster, mortgage companies account for 60% or even more of the mortgage market. In older communities and in the urban core areas, mortgage companies have a much lower market share. In the City of Los Angeles, for example, mortgage companies account for about a third of all residential loans as thrifts remain the dominant lenders. In Rosemead five lending institutions have a dominant presence: Citimortgage Inc., Bank of America, Countrywide Home Loans, JPMorgan Chase Bank, and Washington Mutual Bank. Citimortgage Inc. made 430 loans on its own in Rosemead in 2006-2008, a 9.4% of the market share. Bank of America made 399 loans, a 8.7% of the market share, Countrywide Home loans made 261 loans, a 5.7% of the market share, JPMorgan Chase Bank made 236 loans, a 5.2% of the share, and Washington Mutual made 226 loans, a 4.9% of the market share. It may be that these institutions have more established ties with the real estate industry in Rosemead, or it may be that they invest more time and energy in securing the Rosemead clientele. The demand side. Who applied for a mortgage loan on a home in Rosemead between 2006-2008? Including both conventional and VA/FHA loan applications, 10% of all applicants who identified their race are White, 38% are Hispanic, less than one percent City of Rosemead page 40 of 58 Analysis of Impediments to Fair Housing Choice April 2010 (1%) are African American, 51% are Asian American and less than one percent (1%) are American Indian. This pattern in applications is not at all similar to the racial composition of all Los Angeles County applications for both conventional and VA/FHA home loans in 2006- 2008. Of 735,906 County applicants, 553,424 identified their ethnicity. Of this total, some 0.3% were American Indian, 14% were Asian American, 8% African American, 43% Hispanic, and the remaining 34% were White. Clearly, the racial composition of Rosemead home-purchase applicant pool is very different than that for conventional home-purchase loans in the County as a whole. The applicant pool includes significantly lower proportions of African Americans, with Asian Americans having the largest population. City of Rosemead page 41 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 1: Most Active Residential-Credit Lenders in Rosemead, 2006-2008 Commercial Banks • • Lender ID # 2006-2008 Loans % of 2006-2008 market Bank of America 0000013044 399 0 8.7 JPMorgan Chase Bank 0000000008 236 • 5.2 Wells Fargo Bank, NA 0000001741 159 • 3.5 Citibank, NA 0000001461 84 • 1.8 Countrywide Bank, NA 0000024141 55 • 1.2 • Total, all 1306 28.6 commercial Banks Thrifts (Savings and Loans) • • Lender ID # 2006-2008 Loans % of 2006-2008 market Washington Mutual Bank 0000008551 226 • 4.9 Countrywide Bank, FSB 0000018039 150 • 3.3 World Savings Bank, FSB 0000012642 134 • 2.9 Indymac Bank, FSB 0000003970 123 • 2.7 First Suburban National Bank 0000014470 64 • 1.4 • Total, all Thrifts 951 20.8 Credit Unions • • Lender ID # 2006-2008 Loans % of 2006-2008 market Wescom Credit Union 0000066703 11 • 0.2 E1 Financial Credit Union 0000086059 7 • 0.2 Credit Union of Southern 0000068456 6 • 0.1 California Pentagon Federal Credit Union 0000000227 4 • 0.1 California Credit Union 0000060784 4 • 0.1 • All Credit Unions I 65 1.4 Combined Mortgage Companies • • Lender ID # 2006-2008 Loans % of 2006-2008 market Citimortgage Inc. 13-3222578 430 • 9.4 Countrywide Home Loans 0001644643 261 • 5.7 HSBC Mortgage Corporation 16-1245395 119 • 2.6 GMAC Mortgage LLC 4216200005 63 • 1.4 HFC Company LLC 0003197956 62 • 1.4 City of Rosemead page 42 of 58 Analysis of Impediments to Fair Housing Choice April 2010 • Total, Mortgage I I 2252 I 49.2 Total for 2006-2008 4574 100 Note: Only the top lenders for each category are shown 3) Redlining and Discrimination in Rosemead: Basic Statistics Redlining. According to HMDA data, all census tracts in Rosemead are comprised of high percentages of ethnic minority individuals. Tract 4322.02 has the lowest minority population percentage at 86% while tract 4825.03 has the highest minority population percentage at 97%. From these numbers, it is clear that in every single tract in Rosemead, ethnic minority individuals comprise the majority population. Since all census tracts are high in their ethnic minority population it may not be possible to determine redlining practices. There are no low ethnic minority populated census tracts to compare with the high ethnic minority tracts. Nevertheless, all census tracts were divided into three equal size census tract groups (lowest ethnic minority population tracts, medium ethnic minority population tracts, and highest ethnic minority population tracts) with the ethnic minority population ranging from 86% to 97%. Despite the limited percentage range, table 2 shows that as the percent minority population in a census tract increases, the acceptance rate decreases but only slightly (49%, 52%, and 47% respectively for the low, medium, and high ethnic minority population census tract groups) and the denial rate increases, but again, only slightly (17%, 17%, and 19% respectively for low, medium, and high ethnic minority population census tract groups). Table 2: Action by Census Tract Minority Population Percentage Rosemead, 2006-2008 Low Medium High Total minority minority minority population population population Loan Approved 649 595 561 1805 % within Action Type 36.0% 33.0% 31.1% 100.0% /o within Applicant Race 39.8% 40.7% 37.8% 39.5% Loan Approved but not accepted 143 153 129 425 within Action Type 33.6% 36.0% 30.4% 100.0% within Applicant Race 8.8% 10.5% 8.7% 9.3% Loan Denied 283 246 286 815 within Action Type 34.7% 30.2% 35.1% 100.0% within Applicant Race 17.4% 16.8% 19.3% 17.8% Other actions 555 467 507 1529 /o within Action Type 36.3% 30.5% 33.2% 100.0% /o within Applicant Race 34.0% 32.0% 34.2% 33.4% otal 1630 1461 1483 4574 % within Action Type 35.6% 31.9% 32.4% 100.0% within Applicant Race 100.0% 100.0% 100.0% 100.0% City of Rosemead page 43 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Discrimination. Table 3 shows lenders' loan actions by applicant race, for both home purchase loans and refinancing loans. In a pattern that will be followed throughout this analysis, each cell in this table contains three numbers: the first is a raw count, the second provides the row percentage, and the third provides the column percentage for each cell. For example, 74 Hispanic applicants for home-purchase mortgages were denied in 2006-2008. This figure represents 24% of all Hispanic applicants, and 40% of all loan denials. Table 3 indicates that for home-purchase loans, Asian American applicants have higher rates of loan approval than White and Hispanic applicants, who have similar rates of loan approvals. White and Hispanics have the same loan denial rates at 24%. Asians have the lowest denial rates of all groups at 12%. The gap in loan approvals is about 17% between Asian Americans and Hispanic applicants and 18% between Asian American and Whites.9 The aggregate data for refinancing loans, also set out in Table 3, tells a similar story. Here approval rates for Asian Americans are 10-13% higher than Hispanic and White applicants' approval rates. For all refinancing loans, approval rates are similar to those for home-purchase loans - 47% vs. 53%. Denial rates are a little higher for refinancing loans (at about 18%) than for home-purchase loans (at about 15%). What explains the difference in the home-purchase and home-refinancing markets? One possible explanation is that some racial groups have higher incomes and therefore have different chances of being approved for loans. If this is so, then further analyses should find some racial and/or income lending gaps. Table 3: Action by Applicant Race All lenders, Rosemead, 2006-2008 All Home Purchase Loans American Asian African White Other Total Indian Loan Originated 0 an 366 an 0 126 16 31 539 within Action Type 0% 67 9% 0% 23 4% 3.0% 5.8% 100.0 . . . . within Applicant Race .0% 55.8% .0% 41.4% 31 A% 12.7% 42.8% Application approved but not 0 75 0 28 9 9 121 accepted within Action Type 0% 62 0% 0% 23 1% 7 4% 7 4% 100.0 . . . . . . within Applicant Race .0% 11.4% .0% 9.2% 17.6% 3.7% 9.6% 9 Note that loan "approvals" includes both loans made and loans approved but not made. Most formal analysis of loan-market discrimination has examined only approval and denial outcomes. However, information from practitioners indicated that minority applicants are often encouraged to withdraw their applications rather than be formally rejected. City of Rosemead page 44 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Application denied 1 78 1 74 12 17 183 /o within Action Type 5% 42 6% 5% 40 4% 6 6% 9.3% 100.0 . . . . . within Applicant Race 50 0% 9% 11 100.0 24.3% 23.5% 6.9% 14.5% . . Application Withdrawn by 1 50 0 47 7 13 118 applicant within Action Type 8% 42 4% 0% 39 8% 5 9% 11.0% 100.0 . . . . . within Applicant Race 50.0% 7.6% .0% 15.5% 13.7% 5.3% 9.4% File Closed for Incompleteness 0 20 0 7 2 0 29 within Action Type 0% 69 0% 0% 24 1% 6 9% .0% 100.0 . . . . . within Applicant Race .0% 3.0% .0% 2.3% 3.9% .0% 2.3% Loan Purchased by the 0 67 0 22 5 175 269 institution within Action Type 0% 24 9% 0% 8 2% 1.9% 65.1% 100.0 . . . . /o within Applicant Race .0% 10.2% .0% 7.2% 9.8% 71.4% 21.4% Total 2 656 1 304 51 245 1259 within Action Type 2% 1% 24 4.1% 19.5% 100.0 . . within Applicant Race 100 0% 100.0 100.0 100.0 100.0 100.0 100.0 . City of Rosemead - page 45 of 58 Analysis of Impediments to Fair Housing Choice April 2010 All Home Refinancing Loans American Asian African Hispanic Other Total Indian American American Loan Originated 5 512 1 345 111 138 1112 % within Action Type .4% 46.0% .1% 31.00% 10.0% 12.4% 100.0% within Applicant Race 62.5% 51.5% 7.1% 38.7% 44.2% 18.3% 38.2% Application approved but 2 111 .1 98 23 40 275 not accepted % within Action Type .7% 40.4% .4% 35.6% 8.4% 14.5% 100.0% % within Applicant Race 25.0% 11.2% 7.1% 11.0% 9.2% 5.3% 9.4% Application denied by 0 143 5 229 52 90 519 financial Institution % within Action Type .0% 27.6% 1.0% 44.1% 10.0% 17.3% 100.0% within Applicant Race .0% 14.4% 35.7% 25.7% 20.7% 12.0% 17.8% Application Withdrawn by 0 82 5 111 36 80 314 applicant %within Action Type .0% 26.1% 1.6% 35.4% 11.5% 25.5% 100.0% within Applicant Race .0% 8.2% 35.7% 12.5% 14.3% 10.6% 10.8% File Closed for 0 33 1 33 3 17 87 Incompleteness %within Action Type .0% 37.9% 1.1% 37.9% 3.4% 19.5% 100.0% %within Applicant Race .0% 3.3% 7.1% 3.7% 1.2% 2.3% 3.0% Loan Purchased by the 1 114 1 75 26 388 605 institution within Action Type .2% 18.8% .2% 12.4% 4.3% 64.1% 100.0% within Applicant Race 12.5% 11.5% 7.1% 8.4% 10.4% 51.5% 20.8% Total 8 995 14 891 251 753 2912 % within Action Type .3% 34.2% .5% 30.6% 8.6% 25.9% 100.0% within Applicant Race 100.0% 100.0% 100.0% 100.0% 100.0% 100.00/ 100.0% Table 4 tests the latter part of this connection - whether lenders' approval and denial rates vary systematically for home-purchase applicants in different income brackets. Table 4 shows that approval rates increase across income groups. Loan approval rates have a positively linear association with income, the higher the income the higher the approval rates. Approval rates for the four income groups starting from the lowest to the highest incomes are 42%, 55%, 59%, and 59% respectively. Similarly, denial rates decrease across income groups with the lower income groups having higher denial rates than the higher income groups. These findings indicate that for the various income groups in Table 4, loan approval and denial rates seem to vary systematically with income level. This means that for most of Rosemead's applicants, income and approval/denial seem to be correlated. City of Rosemead page 46 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 4: Action by Applicant Income, Rosemead All Lenders, All Home Purchase Loans 1111 41 '.61 '91111 Total per year 60,000 •1 111 per per year Loan Originated 6 year 32 year 106 371 515 within Action Type 1.2% 6.2% 20.6% 72.0% 100.0% % within income categories 31.6% 35.6% 50.0% 48.2% 47.2% Application approved but not 2 17 18 82 119 accepted % within Action Type 1.7% 14.3% 15.1% 68.9% 100.0% within income categories 10.5% 18.9% 8.5% 10.7% 10.9% Application denied 5 13 25 128 171 within Action Type 2.9% 7.6% 14.6% 74.9% 100.0% within income categories 26.3% 14.4% 11.8% 16.6% 15.7% Application Withdrawn by 5 12 21 72 110 applicant % within Action Type 4.5% 10.9% 19.1% 65.5% 100.0% % within income categories 26.3% 13.3% 9.9% 9.4% 10.1% File Closed for Incompleteness 0 2 6 19 27 within Action Type .0% 7.4% 22.2% 70.4% 100.0% within income categories .0% 2.2% 2.8% 2.5% 2.5% Loan Purchased by the 1 14 36 97 148 institution within Action Type .7% 9.5% 24.3% 65.5% 100.0% % within income categories 5.3% 15.6% 17.0% 12.6% 13.6% Total 19 90 212 769 1090 within Action Type 1.7% 8.3% 19.4% 70.6% 100.0% within income categories 100.0% 100.0% 100.0% 100.0% 100.0% 4) Discrimination in Rosemead: Detailed Analysis The basic results reviewed above suggest no lending gaps due to income. We now turn to a more detailed examination of racial/income connections in Rosemead's lending data. Table 5 divides home-purchase applicants into four income levels (less than $40,000 annual income, $40-59,999 income, $60-89,999, and $90,000 income and above), and then looks at approval/denial rates. This is a way of holding income approximately constant while focusing on racial differences in approval/denial rates. This table yields some interesting patterns by applicant race. In the lowest income group, it is not possible to make comparisons across racial groups due to the very low numbers of African Americans, Hispanics, and Whites. In the next highest income group - that is, for applicants earning between $40,000 and $60,000 - Asian Americans have about a 17% higher loan approval rate than Hispanics. However, denial rates for Hispanics are 3% lower than Asian Americans. At the $60-90,000 income range, Hispanics have about a 4% higher approval rate than Asian Americans and also have a City of Rosemead page 47 of 58 Analysis of Impediments to Fair Housing Choice April 2010 denial rate that is 3% lower than Asian Americans. At the more than $90,000 income range, Asian Americans have a 20% higher loan approval rate than Hispanics and 18% higher loan approval rate than White applicants. Similarly denial rates for Asian Americans are 16% lower than Hispanics and 15% lower than White applicants. In sum, there is some indication of a racial lending gap for Hispanic and White applicants in the middle and high income range in the Rosemead home-purchase market. Another hypothesis is that borrowers in different ethnic groups systematically apply to different types of lender institutions, and these lender institutions have different loan- making policies. If this were the case, then what appears to be a racial lending gap would instead be a financial-institutions lending gap. Table 5: Action by Applicant Race and Income Level, Rosemead All lenders, All Home Purchase Loans Income of $40.000 and less American Asian African Hispanic White Other Total Indian American American Loan Approved 0 5 0 0 1 0 6 within Action Type .000 83.3% .0% .0% 16.7% .0% 100.0% within Applicant Race .0% 35.7% .0% .0% 50.0% .0% 31.6% Loan Approved but not 0 2 0 0 0 0 2 accepted within Action Type .0% 100.0% .0% .0% .0% .0% 100.0% within Applicant Race .0% 14.3% .0% .0% .0% .0% 10.5% Loan Denied 1 4 0 0 0 0 5 within Action Type 20.0% 80.0% .0% .0% .0% .0% 100.0% within Applicant Race 100.0% 28.6% .0% .0% .0% .0% 26.3% Other actions 0 3 0 1 1 1 6 within Action Type .0% 50.0% .0% 16.7% 16.7% 16.7% 100.0% within Applicant Race .0% 21.4% .0% 100.0% 50.0% 100.0% 31.6% otal 1 14 0 1 2 1 19 % within Action Type 5.3% 73.7% .0% 5.3% 10.5% 5.3% 100.0% % within Applicant Race 100.0% 100.0% .0% 100.0% 100.0%1 100.0% 100.0% Incomes of $40.000-60.000 American Asian African Hispanic Other Total Indian ' Loan Approved 0 27 0 4 1 0 32 within Action Type .0% 84.4% .0% 12.5% 3.1% .0% 100.0% within Applicant Race .0% 46.6% .0% 26.7% 12.5% .0% 35.6% Loan Approved but not 0 10 0 3 3 1 17 accepted within Action Type .0% 58.8% .0% 17.6% 17.6% 5.9% 100.0% within Applicant Race .0% 17.2% .0% 20.0% 37.5% 12.5% 18.9% Loan Denied 0 9 0 2 1 1 13 % within Action Type .0% 69.2% .0% 15.4% 7.7% 7.7% 100.0% City of Rosemead page 48 of 58 Analysis of Impediments to Fair Housing Choice April 2010 % within Applicant Race .0% 15.5% .0% 13.3% 12.5% 12.5% 14.4% Other actions 1 12 0 6 3 6 28 within Action Type 3.6% 42.9% .0% 21.4% 10.7% 21.4% 100.0% within Applicant Race 100.0% 20.7% .0% 40.0% 37.5% 75.0% 31.1% Total 1 58 0 15 8 8 90 within Action Type 1.1% 64.4% .0% 16.7% 8.9% 8.9% 100.0% /o within Applicant Race 100.0% 100.0% .0% 100.0% 100.0% 100.0% 100.0% Incomes of $60,000-90,000 American Asian African Hispanic Other Total Indian Loan Approved 0 81 0 18 4 3 106 within Action Type % 0% 76.4% 0% 17.0% 3.8% 2.8% 100.0% % within Applicant Race .0% 54.4% .0% 60.0% 44.4% 13.0% 50.0% Loan Approved but not 0 13 0 2 2 1 18 accepted %within Action Type .0% 72.2% .0% 11.1% 11.1% 5.6% 100.0% within Applicant Race .0% 8.7% .0% 6.7% 22.2% 4.3% 8.5% Loan Denied 0 15 1 2 2 5 25 within Action Type .0% 60.0% 4.0% 8.0% 8.0% 20.0% 100.0% /o within Applicant Race .0% 10.1% 100.0% 6.7% 22.2% 21.7% 11.8% Other actions 0 40 0 8 1 14 63 within Action Type .00Y0 63.5% .0% 12.7% 1.6% 22.2% 100.0% within Applicant Race .0% 26.8% .0% 26.7% 11.1% 60.9% 29.7% Total 0 149 1 30 9 23 212 /o within Action Type .0% 70.3% .5% 14.2% 4.2% 10.8% 100.0% % within Applicant Race .0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Incomes of more than $90,000 American Asian African Hispanic White Other Total Indian Loan Approved 0 239 0 97 10 25 371 within Action Type 0% 64.4% 00/0 26.1% 2.7% 6.7% 100.0% within Applicant Race 0% 58.2% 00/0 40.8% 37.0% 26.9% 48.2% Loan Approved but not 0 49 0 22 4 7 82 accepted within Action Type 0% 59.8% 0% 26.8% 4.9% 8.5% 100.0% within Applicant Race .0% 11.9% .0% 9.2% 14.8% 7.5% 10.7% Loan Denied 0 47 0 . 64 7 10 128 within Action Type .0% 36.7% .0% 50.0% 5.5% 7.8% 100.0% within Applicant Race .0% 11.4% .0% 26.9% 25.9% 10.8% 16.6% Other actions 0 76 0 55 6 51 188 within Action Type .0% 40.4% .0% 29.3% 3.2% 27.1% 100.0% within Applicant Race .0% 18.5% .0% 23.1% 22.2% 54.8% 24.4% Total 0 411 0 238 27 93 769 %within Action Type .0% 53.4% .0% 30.9% 3.5% 12.1% 100.0% City of Rosemead page 49 of 58 Analysis of Impediments to Fair Housing Choice April 2010 I% within Applicant Race 1 .0% 1100.0% 1 .0% 1100.0% 1100.0%1100.0%1100.0%I Table 6 shows that there are some systematic differences in the types of lending institutions at which White and minority home-seekers apply for mortgages. Asian Americans are more likely to apply at Commercial Banks than other borrower groups. Mortgage companies were the preferred lending institutions for all racial groups, but Hispanics were more likely to apply at a mortgage company than other borrowers. Table 6: Applicants by Lender Type and Applicant Race, Rosemead All Home-Purchase Loans, 2006-2008 Commerci Thrifts Credit Mortgage Total al Banks (S & L's) Unions .Companie American Indian 0 1 0 1 2 within Applicant Race .0% 50.0% .0% 50.0% .0% 7 within Lender type .0% .5% .0% .2% 2016 Sian American 275 88 1 292 656 % within Applicant Race 41.9% 13.4% .2% 44.5% 100.0% % within Lender type 65.8% 40.9% 33.3% 46.8% 52.1% African American 1 0 0 0 1 within Applicant Race 100.0% .0% .0% .0% 100.0% within Lender type .2% .0% .0% .0% .1% Hispanic 69 47 1 188 305 within Applicant Race 22.6% 15.4% .3% 61.6% 100.0% within Lender type 16.5% 21.9% 33.3% 30.1% 24.2% White 11 10 0 30 51 within Applicant Race 21.6% 19.6% .0% 58.8% 100.0% within Lender type 2.6% 4.7% .0% 4.8% 4.0% Other 62 69 1 113 245 within Applicant Race 25.3% 28.2% .4% 46.1% 100.0% within Lender type 14.8% 32.1% 33.3% 18.1% 19.4% Total 418 215 3 624 1260 within Applicant Race 33.2% 17.1% .2% 49.5% 100.0% within Lender type 100.0% 100.0% 100.0% 100.0% 100.0% Table 7 also indicates that across all income levels, mortgage companies dominated the Home Loan market. For the top income group, 52% of applications are registered at mortgage companies, compared to 58% for the lowest income group. Finally, for the lowest income group, 32% are registered at Savings and Loans compared to 34% for the highest income group. City of Rosemead page 50 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 7: Applicants by Lender Type and Applicant Income All Home-Purchase Loans, 2006-2008, Rosemead Commerci Thrifts (S& Credit Mortgage al Banks L's) Unions .Companie $40,000/year 6 2 0 11 19 % within income categories 31.6% 10.5% .0% 57.9% 100.0% % within Lender type 1.7% 1.3% .0% 1.9% 1.7% 40-60,000/year 24 12 1 53 90 within income categories 26.7% 13.3% 1.1% 58.9% 100.0% within Lender type 6.7% 7.6% 50.0% 9.2% 8.3% 60-90,000/year 62 35 1 114 212 within income categories 29.2% 16.5% .5% 53.8% 100.0% within Lender type 17.4% 22.3% 50.0% 19.8% 19.4% $90,000/year 264 108 0 397 769 within income categories 34.3% 14.0% .0% 51.6% 100.0% within Lender type 74.2% 68.8% .0% 69.0% 70.6% Total 356 157 2 575 1090 within income categories 32.7% 14.4% .2% 52.8% 100.0% within Lender type 100.0% 100.0% 100.0% 100.0% 100.0% Table 8 goes deeper into the question of differences among types of lenders. It shows data separately for commercial banks, thrifts, credit unions, and mortgage companies. This table shows, first, that loan approval rates are 64% for commercial banks, 39% for thrifts, and 50% for mortgage companies. Second, a racial lending gap arises between Asian American and Hispanic applicants for the Commercial Banks lender category. Asian American applicants had denial rates 17% lower and approval rates 6% higher than Hispanic applicants. Third, Hispanics had lower approval rates and higher denial rates than Asian Americans for the Savings and Loan lender category. Asian American applicants had 59% approval rates vs. 49% for Hispanic applicants. Hispanic applicants had a denial rate of 26% compared to Asian American applicants who had a 13% denial rate. Finally, a similar trend emerged in the mortgage lender category. Asian American applicants had an approval rate of 64% compared to 48% for Hispanics. The denial rate was twice as high for Hispanics at 22% compared to 11 % for Asian Americans. Table 8: Action by Applicant Race and Lender Type All Home Purchase Loans, 2006-2008, Rosemead Commercial Banks City of Rosemead page 51 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Loan Approved but not 0 39 0 9 2 3 53 accepted /o within Action Type .0% 73.6% .0% 17.0% 3.8% 5.7% 100.0% within Applicant Race .0% 14.2% .0% 13.0% 18.2% 4.8% 12.7% Loan Denied 0 34 1 20 1 6 62 within Action Type .0% 54.8% 1.6% 32.3% 1.6% 9.7% 100.0% within Applicant Race .0% 12.4% 100.0% 29.0% 9.1% 9.7% 14.8% Other actions 0 37 0 9 3 43 92 within Action Type .0% 40.2% .0% 9.8% 3.3% 46.7% 100.0% within Applicant Race .0% 13.5% .0% 13.0% 27.3% 69.4% 22.0% Total 0 275 1 69 11 62 418 within Action Type .0% 65.8% .2% 16.5% 2.6% 14.8% 100.0% within Applicant Race .0% 100.0% 100.0% 100.0% 100.0% 100.0%, 100.0% Thrifts (S&L's) Americ Asian African White Other Total Indian an an Loan Approved 0 47 0 19 2 6 74 within Action Type .0% 63.5% .0% 25.7% 2.7% 8.1% 100.0% within Applicant Race .0% 53.4% .0% 40.4% 20.0% 8.7% 34.4% Loan Approved but not 0 5 0 4 2 0 11 accepted within Action Type .0% 45.5% .0% 36.4% 18.2% .0% 100.0% within Applicant Race .0% 5.7% .0% 8.5% 20.0% .0% 5.1% Loan Denied 0 11 0 12 4 3 30 within Action Type .0% 36.7% .0% 40.0% 13.3% 10.0% 100.0% within Applicant Race .0% 12.5% .0% 25.5% 40.0% 4.3% 14.0% Other actions 1 25 0 12 2 60 100 within Action Type 1.0% 25.0% .0% 12.0% 2.0% 60.0% 100.0% within Applicant Race 100.0% 28.4% .0% 25.5% 20.0% 87.0% 46.5% Total 1 88 0 47 10 69 215 within Action Type .5% 40.9% .0% 21.9% 4.7% 32.1 % 100.0% within Applicant Race 100.0% 100.0% .0% 100.0% 100.0% 100.0% 100.0% Credit Unions American Asian African Hispanic White Other Total Indian American American Loan Approved 0 0 0 1 0 0 1 within Action Type .0% .0% .0% 100.0% .0% .0% 100.0% % within Applicant 0% .0% .0% 100.0% .0% .0% 33.3% Race Loan Approved but 0 0 0 0 0 1 1 not accepted within Action Type .0% .0% .0% .0% .0% 100.0% 100.0% %within Applicant .0% .0% .0% .0% .0% 100.0% 33.3% City of Rosemead page 52 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Race Loan Denied 0 1 0 0 0 0 1 % within Action Type .0% 100.0% .0% .0% .0% .0% 100.0% %within Applicant 0% 100.0% .0% .0% .0% .0% 33.3% Race Other actions 0 1 0 1 0 1 3 % within Action Type .0% 33.3% .0% 33.3% .0% 33.3% 100.0% % within Applicant 0% 100.0% .0% 100.0% .0% 100.0% 100.0% Race Total 0 0 0 1 0 0 1 within Action Type .0% .0% .0% 100.0% .0% .0% 100.0% % within Applicant 0% .0% .0% 100.0% .0% .0% 33.3% Race Mortaaae Comoanies American Asian African Hispanic White Other Total Indian American American Loan Approved 0 154 0 75 9 15 253 within Action Type .0% 60.9% .0% 29.6% 3.6% 5.9% 100.0% % within Applicant 0% 52.7% 0% 39.9% 30.0% 13.3% 40.5% Race . Loan Approved but 0 31 0 15 5 5 56 not accepted within Action Type .0% 55.4% .0% 26.8% 8.9% 8.9% 100.0% % within Applicant 0% 10.6% .0% 8.0% 16.7% 4.4% 9.0% Race Loan Denied 1 33 0 42 7 8 91 % within Action Type 1.1% 36.3% .0% . 46.2% 7.7% 8.8% 100.0% within Applicant 100.0% 11.3% .0% 22.3% 23.3% 7.1% 14.6% Race Other actions 0 74 0 56 9 85 224 % within Action Type .0% 33.0% .0% 25.0% 4.0% 37.9% 100.0% within Applicant 0% 25.3% .0% 29.8% 30.0% 75.2% 35.9% Race Total 1 292 0 188 30 113 624 within Action Type .2% 46.8% .0% 30.1% 4.8% 18.1% 100.0% within Applicant 100.0% 100.0% .0% 100.0% 100.0% 100.0% 100.00/( Race These statistics suggest that there may be racial lending gaps involving Asian American and Hispanic applicants. We now analyze it further by going more deeply into the links between income and race. Table 9 shows that the Hispanic applicant pool has the highest proportion of high-income households, followed by the Asian American applicant pool and finally the White applicant pool which has the lowest proportion of applicants in the high-income range. Among Hispanics, 9 out of every 10 applicants in Rosemead have incomes greater than $60,000. Similarly, among Asian Americans, just City of Rosemead page 53 of 58 Analysis of Impediments to Fair Housing Choice April 2010 below 9 out of every 10 applicants for homes in Rosemead have incomes above $60,000. The statistics shown in Table 10 indicate that in the $40,000460,000 income range Asian Americans have approval rates that are 20% higher than Hispanics and denial rates that are 16% lower. The same trend is found in the $60,000490,000 income range and also in the over $90,000 income category. Overall the loan refinance data suggest a racial lending gap in Rosemead that favors Asian American applicants over Hispanic applicants. Table 9: Applicant Income and Applicant Race, Rosemead All Home-Purchase Loan Applications, 2006-2008 Applicant White Other Total Income n Indian America America c $40,000/year 1 14 0 1 2 1 19 within Income 5.3% 73.7% .0% 5.3% 10.5% 5.3% 100.0% % within Applicant 50.0% 2.2% .0% .4% 4.3% .8% 1.7% Race 40-60,000/year 1 58 0 15 8 8 90 %within Income 1.1% 64.4% .0% 16.7% 8.9% 8.9% 100.0% % within Applicant 50.0% 9.2% .0% 5.3% 17.4% 6.4% 8.3% Race 60-90,000/year 0 149 1 30 9 23 212 within Income .0% 70.3% .5% 14.2% 4.2% 10.8% 100.0% % within Applicant 0% 23.6% 100.0% 10.6% 19.6% 18.4% 19.4% Race $90,000/year 0 411 0 238 27 93 769 %within Income .0% 53.4% .0% 30.9% 3.5% 12.1% 100.0% % within Applicant 0% 65.0% .0% 83.8% 58.7% 74.4% 70.6% Race Total 2 632 1 284 46 125 1090 %within Income .2% 58.0% .1% 26.1% 4.2% 11.5% 100.0% % within Applicant 100 0% 100 0% 100 0% 100.0% 100.0% 100.0% 100.0% Race . . . Table 10: Refinancing Loans by Applicant Income and Race All lenders, 2006-2008, Rosemead licant Income less than 40,000 American Asi Indian Amer an Approved 0 11 within Action Type .0% 20.0% within Applicant .0% 24.4% City of Rosemead Analysis of Impediments to Fair Housing Choice April 2010 0 26 6 12 55 .0% 47.3% 10.9% 21.8% 100.00/ .0% 42.6% 31.6% 25.5% 32.0% page 54 of 58 Loan Approved but 0 5 0 6 1 5 17 not accepted /o within Action Type .0% 29.4% .0% 35.3% 5.9% 29.4% 100.0% within Applicant 0% 11.1% .0% 9.8% 5.3% 10.6% 9.9% Race Loan Denied 0 12 0 18 8 10 48 within Action Type .0% 25.0% .0% 37.5% 16.7% 20.8% 100.0% within Applicant 0% 26 7% 0% 29.5% 42.1% 21.3% 27.9% Race . . . Other actions 0 17 0 11 4 20 52 within Action Type .0% 32.7% .0% 21.2% 7.7% 38.5% 100.0% within Applicant 0% 37.8% .0% 18.0% 21.1% 42.6% 30.2% Race Total 0 45 0 61 19 47 172 within Action Type .0% 26.2% .0% 35.5% 11.0% 27.3% 100.0% within Applicant 0% 100.0% .0% 100.0% 100.0% 100.0% 100.0% Race A ....1:--- 4, 1........e . f QAn nnn_cn nnn America n Asian Afri can Hisp anic W hite Oth erTotal Indian Loan Approved 0 52 0 59 14 13 138 within Action Type .0% 37.7% .0% 42.8% 10.1% 9.4% 100.0% within Applicant Race .0% 50.0% .0% 36.6% 40.0% 15.7% 36.0% Loan Approved but 0 16 0 14 4 5 39 not accepted within Action Type .0% 41.0% .0% 35.9% 10.3% 12.8% 100.0% within Applicant Race .0% 15.4% .0% 8.7% 11.4% 6.0% 10.2% Loan Denied 0 13 0 47 7 19 86 within Action Type .0% 15.1% .0% 54.7% 8.1% 22.1% 100.0% /o within Applicant Race .0% 12.5% .0% 29.2% 20.0% 22.9% 22.5% Other actions 0 23 0 41 10 46 120 within Action Type .0% 19.2% .0% 34.2% 8.3% 38.3% 100.0% within Applicant Race .0% 22.1% .0% 25.506 28.6% 55.4% 31.306 Total 0 104 0 161 35 83 383 within Action Type .0% 27.2% .0% 42.0% 9.1% 21.7% 100.0% within Applicant Race 100.0% .0% 100.0% 100.0% 100.0% 100.0% an Approved within Action Type within Applicant 3 - 140 1.0% 44.7% 75.0% 1 57.1% 0 99 30 41 313 0% 31.6% 9.6% 13.1 % 100.00 0% 36.7% 53.6% 29.1% 43.4% City of Rosemead page 55 of 58 Analysis of Impediments to Fair Housing Choice April 2010 ' Loan Approved but 0 22 1 34 6 6 69 not accepted within Action Type .0% 31.9% 1.4% 49.3% 8.7% 8.7% 100.00 within Applicant 0% 9.0% 20.0% 12 6% 10.7% 4.3% 9.6% Race . Loan Denied 0 33 2 68 6 25 134 within Action Type .0% 24.6% 1.5% 50.7% 4.5% 18.7% 100.0% within Applicant 0% 13 5% 40 0% 25 2% 10 7% 17 7% 18 6% Race . . . . . . Other actions 1 50 2 69 14 69 205 within Action Type .5% 24.4% 1.0% 33.7% 6.8% 33.7% 100.0% within Applicant 25.0% 20.4% 40.0% 25.6% 25.0% 48.9% 28.4% Race Total 4 245 5 270 56 141 721 % within Action Type .6% 34.0% .7% 37.4% 7.8% 19.6% 100.0% % within Applicant 100.0% 100 0% 100 0% 100 0% 100.0% 100.0% 100.0°/ Race . . . ADDlicant Income of over $90.000 America n As ian Afri can .Hisp anicW hite Oth erTotal Indian Ame ricanAme rican Loan Approved 2 279 1 134 50 52 518 within Action Type .4% 53.9% .2% 25.9% 9.7% 10.0% 100.0% within Applicant Race 50.0% 52.1% 20.0% 41.2% 39.4% 27.8% 43.8% Loan Approved but 2 63 0 35 12 22 134 not accepted within Action Type 1.5% 47.0% .0% 26.1% 9.0% 16.4% 100.0% within Applicant Race 50.0% 11.8% .0% 10.8% 9.4% 11.8% 11.3% Loan Denied 0 77 3 84 30 33 227 within Action Type .0% 33.9% 1.3% 37.0% 13.2% 14.5% 100.0% within Applicant Race .0% 14.4% 60.0% 25.8% 23.6% 17.6% 19.2% Other actions 0 116 1 72 35 80 304 within Action Type .0% 38.2% .3% 23.7% 11.5% 26.3% 100.0% within Applicant Race .0% 21.7% 20.0% 22.2% 27.6% 42.8% 25.7% Total 4 535 5 325 127 187 1183 within Action Type .3% 45.2% .4% 27.5% 10.7% 15.8% 100.0% within Applicant Race 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% Finally, to determine if there is a sex bias in the lending practices in Rosemead an analysis examining approval and denial rates by applicant sex was conducted. Table 11 indicates that male applicants have similar approval rates to women for home purchase loans. Males have an approval rate of 61% versus female applicants who also have a 61% approval rate. Denial rates show a different pattern with male applicants having a 15% denial rate while female applicants have a 19% denial rate. Overall, the loan approval/denial discrepancy between male and female applicants was not statistically significant. City of Rosemead page 56 of 58 Analysis of Impediments to Fair Housing Choice April 2010 Table 11: Home Purchase Loans by Applicant Sex All lenders, 2006-2008, Rosemead Male Female Total Loan Approved 346 173 519 within Action Type 66.7% 33.3% 100.0% within Applicant Sex 49.9% 49.3% 49.7% Loan Approved but not accepted 78 37 115 within Action Type 67.8% 32.2% 100.0% within Applicant Sex 11.2% 10.5% 11.0% Loan Denied 105 68 173 within Action Type 60.7% 39.3% 100.0% within Applicant Sex 15.1% 19.4% 16.6% Other actions 165 73 238 within Action Type 69.3% 30.7% 100.0% within Applicant Sex 23.8% 20.8% 22.8% Total 694 351 1045 within Action Type 66.4% 33.6% 100.0% within Applicant Sex 100.0% 100.0% 100.0% C. Access to Housing Credit in Rosemead-Conclusion From the perspective of barriers to fair housing, this detailed analysis of Rosemead HMDA lending patterns comes to three central conclusions. First, there is some evidence of "redlining." Table 2 indicates that as the minority population percentage at the census track level increases, the loan approval rates decrease and the denial rates increase. Second, there is slight evidence of racial approval gaps between Asian American and Hispanic applicants. More specifically, Tables 6-10 indicate that for home purchase loans, without controlling for income or lending institution, Asian Americans have higher approval rates and lower denial rates than Hispanics. A variety of adjustments for lender type, income areas, racial areas, and applicant incomes did no eliminate most of these gaps (see table 6). For example, after controlling for income, Table 5 shows that in the higher income categories, Asian Americans have higher approval rates and lower denial rates than Hispanics, suggesting that the gaps favoring Asian American applicants seem to arise largely in the $60,000 to $90,000 and over $90,000 income categories. Furthermore, Table 8 shows that for Commercial Bank, and Mortgage company loans, Asian American applicants have lower denial rates than Hispanic applicants. The third major finding (see table 3) indicates that Asian Americans comprise a significant percentage of Rosemead's applicant pool (51% of the home purchase market), a pattern that is not found in many other suburban cities in the Los Angeles region where Whites and Hispanics tend to dominate. Finally, African American and White applicants constitute a small percentage of all loan applications in Rosemead City of Rosemead page 57 of 58 Analysis of Impediments to Fair Housing Choice April 2010 (.4% and 10% for the home purchase loan market respectively). This is significant given the growing number of Asian Americans across many cities in Los Angeles County, including the City of Rosemead. City of Rosemead page 58 of 58 Analysis of Impediments to Fair Housing Choice April 2010