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CC - Item 3C - Public Hearing on the Analysis of Impediments to Fair Housing NoticeROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: JEFF ALLRED, CITY MANAGER DATE: APRIL 28, 2015 SUBJECT: PUBLIC HEARING ON THE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE SUMMARY The City Council will consider the approval of the City's Five Year Analysis of Impediments to Fair Housing Choice covering the period July 1, 2015 through June 30, 2020. 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 It is recommended 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, 2015 through June 30, 2020; 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 for Choice in Housing. A five - year update to the City's Al was completed in 2000, 2006, and 2010 by the Southern California Housing Rights Center (HRC). ITEM NUMBER: City Council Report April 28, 2015 Page 2 of 7 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 2015 -2020 AI established seven (7) potential impediments that are identified below as well as the activities the City will carry out over the next five years to address these issues. Demographic Profile and Subsidized Housinq Potential Impediment. The Housing Authority of the County of Los Angeles (HACoLA) administers the Housing Choice Voucher program for those who use their Section 8 vouchers in the City of Rosemead. HUD implemented the Section 8 voucher program to promote racial and ethnic integration in its affordable housing programs. Under the Section 8 voucher program the recipient may use the subsidized housing voucher if it is accepted by a private housing provider. Similar to data for the state of California, in the Greater Los Angeles area, the majority of Section 8 voucher participants are Black/African American (36 %). Asians only represent 11% of the voucher participants in the Greater Los Angeles area. In Rosemead, however, Black/African Americans only represent 1% of Section 8 voucher holders and Asians represent 74% of the Section 8 voucher holders. Considering that Asians represent .60.7% of the total population, they are disproportionally receiving and utilizing federally subsidized housing in the City of Rosemead. It is possible that Black/African American Section 8 voucher holders have difficulty in finding a housing provider in the City of Rosemead who will rent to them. It is also possible that Black/African American Section 8 voucher holders do not attempt to rent in Rosemead out of concern that they will feel isolated in a city with so few African Americans. In addition, some housing providers are reluctant to accept government housing assistance for low- income renters. Actions Proposed to Overcome Potential Impediment. • Examine ways in which the City can work with HACoLA to encourage Rosemead housing providers to advertise available units in areas that are more racially and ethnically diverse. City Council Report April 28, 2015 Page 3 of 7 • Examine ways in which the City can work with HACoLA to provide more education and outreach to housing providers about the benefits of the Section 8 rental assistance program in an effort to avoid possible negative stereotyping of ethnic minorities, Section 8 housing subsidy recipients, and government assistance programs. Current Fair Housing Profile and Trends Potential Impediment. a. Housing Complaints from the Asian Population in Rosemead — According to the 2010 census, the Asian population made up 60.7% of the Rosemead population. In 2000, the Asian population made up 48.7% of the Rosemead residents. Approximately 20% of Rosemead residents assisted by HRC, over the past five years were Asian. Conversely, the Hispanic population made up 33.8% of the Rosemead population and approximately 60% of Rosemead residents assisted by the HRC over the past four years. 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. At the same time, a significant number of housing opportunities including home purchases tend to favor Asians numerically. This may indicate differential treatment in rentals and home purchase lending against non - Asians in Rosemead which would merit more education and outreach to the Asian housing providers and lenders about their responsibilities under fair housing laws. While various conclusions may be drawn from this data, two questions of relevance are whether discriminatory housing practices may be disproportionately impacting non -Asian populations within the City, and /or whether Asian residents may be turning to resources other than fair housing organizations for assistance with housing issues, if they do at all. The relatively low number of Asian clients seeking assistance from HRC becomes even more noteworthy in light of the relatively large number of Hispanic /Latino residents who comprised HRC's Rosemead clientele during the 10 -year period in question. One possible conclusion is that Hispanic residents of Rosemead are outpacing Asian residents in terms of their need for fair housing services. Another conclusion is that if the Asian population is significantly foreign -born or recently immigrated, it may not be using the City's public service programs such as the Housing Rights Center's (HRC) fair housing services program in a ratio proportionate with its size due to unfamiliarity with such programs. It is recommended that the City of Rosemead and the HRC work together in doing more outreach to Asian immigrant and non- immigrant tenants and housing providers to ensure that they are aware of their rights and responsibilities under fair housing law. City Council Report April 28, 2015 Page 4 of 7 Actions Proposed to Overcome Potential Impediment. • Advertise all fair housing workshops to housing providers and tenants in English and Chinese. • Work with the Rosemead Chamber of Commerce to identify businesses and housing providers for outreach and education opportunities. • Utilize publications such as the Chamber of Commerce's Rosemead Report, and the City newsletter (Rosemead Resources) and website to provide information to housing providers and Rosemead residents about fair housing services. b. Housing Discrimination Complaints Based on Disability — Over the past five years the number of housing discrimination complaints based on physical disability has remained disproportionally high making up 44 % of all housing discrimination complaints reported by Rosemead residents. This indicates a continuing need for education of landlords on laws that protect the rights of people with disabilities and fair housing laws in general. Actions Proposed to Overcome Potential Impediment. • Submit regular articles to the Rosemead Resources and Chinese language newspapers on fair housing and people with disabilities. • Highlight disability discrimination at fair housing workshops in Rosemead. • Distribute informational materials in the City that focus on fair housing and . people with disabilities. Audit Testing Potential Impediment. The HRC conducted 25 phone tests to measure levels of housing discrimination in the City of Rosemead. The tests measured discrimination against people with disabilities and families with children. The HRC found that 67% of the disability phone tests showed evidence of potential 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 from the City's business license database, property search database, etc. and work with the Rosemead Chamber of Commerce to publish information in its publications to its members. Work with other social services organizations serving Rosemead residents to educate their staff and client community about fair housing laws. 1 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 three years is 43. Of this number 30 were based on physical or mental disability. City Council Report April 28, 2015 Page 5 of 7 • Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents. Community Survey Potential Impediment: The HRC conducted a survey of 31 Rosemead residents. The survey showed that 36% of respondents had no knowledge of the fair housing laws and 45% had very little knowledge of the fair housing laws. According to the 2010 census, the population of Rosemead was 53,764 with an estimated population in 2013 of 54,561. From July 1, 2009 to June 30, 2014, the HRC assisted 626 Rosemead residents, which represents 1.6% of the total population based on 2010 census figure. 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. • Include public service announcements on the City's website regarding fair housing laws. • Submit articles to social service organizations serving Rosemead residents and in the Rosemead Resources on current fair housing topics. • Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents. Rosemead Rental Housing Conditions Potential Impediment. Tenants often experience habitability problems but do not have the ability to address the problem with their housing provider because of fear of retaliation or lack of resources to document the conditions and hold the housing provider accountable for the necessary repairs. Members of protected classes under fair housing laws including seniors, disabled persons, minorities, and female heads of households are often the most vulnerable to poor conditions and may not be or feel empowered to address the issue without government assistance. In conducting outreach, some Rosemead Mobilehome Park residents expressed concern about poor conditions at the Mobilehome Parks. The City of Rosemead has no jurisdiction over Mobilehome Parks. They are regulated by the California Department of Housing and Community Development's Manufactured Housing Program. The City does offer the Owner - Occupied Rehabilitation program to low and moderated - income residents of mobile home parks. Through these programs, the City makes funds available to assist homeowners in making needed rehabilitation improvements. Actions Proposed to Overcome Potential Impediment. The City should have information available for its Mobilehome Park residents about the State's Mobilehome Ombudsman, which receives and processes complaints related to living in mobile homes. City Council Report April 28, 2015 Page 6 of 7 Rosemead Home Mortgage Disclosure Act Data Potential Impediment: From the perspective of barriers to fair housing, a detailed analysis of Rosemead HMDA lending patterns present a stark change in lending in Rosemead since 2008. First, the evidence of redlining is not as clear as it was in the 2010 Al. The minority population in Rosemead is now a majority population throughout the City. The large majority of home purchase loans by all lenders made in Rosemead have been to Asian applicants. Of all applicants for home purchase loans and refinance loans in Rosemead in 2013, 75.5% were Asian American. This compares to 55% in 2008. For Hispanics, the percentages of market demand was 15.5% in 2013, compared to 34% in 2008. Whites consisted of 7.1 % of the market demand in 2013, compared to 11 % in 2008. The remaining groups, primarily African American and Native American, consisted of less than 3% of the market demand. While the denial of loan applications to Asians was consistent with those of other racial and ethnic categories, the sheer volume of lending applications by Asians greatly outnumbered every other racial group (963 of 1231 lender actions were for Asians) which indicates that Asians are disproportionately represented in the home purchase market as the group currently represents 60.7% of the City's population. In 2013, East West Bank, a Chinese - American owned mortgage lender headquartered in Pasadena, processed no applications for home purchase from Whites, Hispanics, or African Americans, the only non -Asian American application being from a Native American person. Asians represented 97.4% of the home purchase market with loans financed by East West Bank, the largest home purchase lender in the Rosemead market. Actions Proposed to Overcome Potential Impediment. • Distribute information materials to Rosemead residents regarding lending discrimination. • Conduct a Fair Lending Workshop for Rosemead residents. • Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents about equal access to housing opportunities, including home ownership programs and education services to lenders in regards to fair housing and fair lending laws. • Examine ways in which the City can encourage and motivate East West Bank to conduct outreach and provide lending information and opportunities to non -Asian communities in the San Gabriel Valley in an effort to diversity its lending portfolio in the City of Rosemead. The Al 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. The City is committed to addressing 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. City Council Report April 28, 2015 Page 7 of 7 It is the City's intent to continue to contract with a fair housing organization to implement a Fair Housing Program within Rosemead that will 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. Over the next five years, the City will also affirmatively further fair housing and eliminate 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 the City's newsletter and website. 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 over the next five year period (July 1, 2015 — June 30, 2020). 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 Rosemead Reader on April 16, 2015, as well as through the regular agenda notification process. Prepared by: Michelle G. Ramirez Community Development Director Attachment A — Analysis of Impediments to Fair Housing Choice Study ATTACHMENT A Analysis of Impediments To Fair Housing .Choice Prepared By: The Southern California Housing Rights Center 3255 Wilshire Boulevard, Suite 1150 Los Angeles, CA 90010 (800) 477 -5977 www.hrc- la.org April 2015 2015 — 2020 Analysis of Impediments to Fair Housing Choice, Reserved Community Development Department Page 2 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice, Table of Contents I. Executive Summary A. Purpose of Analysis B. Data Sources and Methodology C. Key Findings and Recommendations II. Demographic Profile of Rosemead A. Households and Families B. Race C. Age D. Homeowner /Renter E. Income F. Employment G. Education H. Government Subsidized Housing III. Evaluation of Current Fair Housing Profile A. Client Demographic Profile . B. Summary of Housing Discrimination Complaints C. Requests for Assistance with General Housing Concerns IV. Rental Audit Testing in Rosemead A. Purpose of the Audit B. Audit Methodology C. Audit Results D. Conclusion V. Analysis of Rosemead Resident Surveys A. Demographic Profile of Respondents B. Analysis C. Conclusion VI. Review of Government Policies A. Direct Conflicts B. Other Relevant Considerations VII. Home Mortgage Disclosure Act Data A. Access to Housing Credit in Rosemead - General Background B. Access to Housing Credit in Rosemead -Local Practices C. Access to Housing Credit in Rosemead - Conclusion 5 5 9 10 16 16 17 17 17 18 18 18 19 22 22 25 26 30 30 30 32 47 52 52 53 54 54 57 67 Community Development Department Page 3 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice, Reserved Community Development Department Page 4 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice, 0 1. EXECUTIVE SUMMARY A. Purpose of the. Analysis of Impediments (AI) to Fair Housing Choice The City of Rosemead receives annual funding from the U.S. Department of Housing and Urban Development (HUD) for its Community Development Block Grant (CDBG) program and HOME Investment Partnerships (HOME) program. The regulations of these programs require that the grantees certify that they will "affirmatively further fair housing." The CDBG program contains a regulatory requirement to affirmatively further fair housing based upon HUD's obligation under Section 808 of the Fair Housing Act. Pursuant to CDBG regulations [24 CFR Subtitle A §91.225(a)(1)], to receive CDBG funds, a jurisdiction must certify that it "actively furthers fair housing choice." HUD requires each jurisdiction to certify that it will engage in fair housing planning by: a. Conducting an Analysis of Impediments to Fair Housing Choice (Al); b. Undertaking actions to overcome the effects of identified impediments; and c. Maintaining records and make available information and reports, including the Al. The Al, presents: 1) a demographic profile of the City of Rosemead; 2) assesses the extent of fair housing issues among specific groups; 3) evaluates the availability of a range of housing choices for all residents; and 4) analyzes the conditions in the private market and public sector that may limit the range of housing choices or impede a person's access to housing. HUD requires "actions to affirmatively further fair housing" of all jurisdictions that receive funds through the submission of a five year Consolidation Plan. As a result, each jurisdiction is required to develop an Al that coincides with the five -year Consolidated Plan. 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." 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, marital status, color, religion, ancestry, sex, sexual orientation, disability, national origin or arbitrary characteristics such as age or sources of income." Community Development Department Page 5 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Fair housing is a right protected by numerous federal and State of California laws. Among these laws, every housing unit in California is subject to anti - discrimination laws and practices. Federal Laws The first federal statute enacted to give African - Americans, and subsequently all Americans, equal rights to property was Section 1982 of the Civil Rights Act of 1866. Almost 100 years later, President Kennedy signed Executive Order 11,063 prohibiting discrimination in housing that is owned, operated or assisted by the federal government. This prohibition extended to race, religion and national origin. The Civil Rights Act of 1964 prohibited the denial of benefits and discrimination by any program or activity receiving federal financial assistance. (42 U.S. Code § 2000(d)). It covered discrimination in the location and occupancy of subsidized housing and in the administration of federal urban revitalization programs. The federal Fair Housing Act of 1968 and Fair Housing Amendments Act of 1988 (collectively referred to herein as the "federal fair housing act "; 42 U.S. Code §§ 3601 -3619, 3631) are federal fair housing laws that prohibit discrimination in all aspects of housing, including the sale, rental, lease, or negotiation for real property. In 1994, President Clinton executed Executive Order No. 12,259 strengthening the government's commitment to an aggressive, expanded fair housing effort through the establishment of HUD's Fair Housing Council. The order requires all federally regulated programs to conduct their affairs in a manner that is consistent with the goal of affirmatively furthering fair housing. The federal fair housing act prohibits discrimination based on the following protected classes: • Race or color • Religion • National origin • Sex • Familial status • Disability (mental or physical) Reasonable Accommodations, Reasonable Modifications, and Accessibility - The Fair Housing Amendments Act .requires owners of housing facilities to make "reasonable accommodations" (exceptions) in their rules, policies, and operations to give people with disabilities equal opportunities to housing. For example, a landlord with a "no pets" policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence. The Fair Housing Act also requires landlords to allow tenants with disabilities to make reasonable modifications to their private living space, as well as to common use spaces in some circumstances, to improve accessibility at the tenant's own expense. Finally, the Act requires that new multi- family housing with four or more units be designed and built to allow access for persons with disabilities. This includes accessible common use areas, doors that are wide enough for wheelchairs, Community Development Department Page 6 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice kitchens and bathrooms that allow a person using a wheelchair to maneuver, and other adaptable features within the units. HUD Final Rule on Equal Access to Housing in HUD Programs - On March 5, 2012, HUD implemented the final rule on "Equal Access to Housing in HUD Programs regardless of Sexual Orientation or Gender Identity." The rule makes it explicit that eligibility determinations for HUD - assisted or HUD - insured housing must be made without regard to actual or perceived sexual orientation, gender identity (a person's internal sense of being male or female) , or marital status. The rule also states that housing assisted or insured by HUD must be made available without regard to actual or perceived sexual orientation, gender identity, or marital status. In addition to housing assisted or insured by HUD, the rule applies to all McKinney - Vento- funded homeless programs, including temporary, emergency shelters with shared bedrooms or bathrooms. Other federal laws that prohibit discrimination in housing related matters include: Equal Credit Opportunity Act, Community Reinvestment Act, Uniform Relocation Assistance Act, Section 504 of the Rehabilitation Act of 1973, Americans with Disabilities Act of 1990, Age Discrimination Act of 1975, and Home Mortgage Disclosure Act. 2. State Laws The California Fair Employment and Housing Act (FEHA) (Government Code § 12955 et seq.) prohibits discrimination and harassment in housing practices. The following categories are protected by FEHA: • Race or color • Ancestry or national origin • Sex • Marital status • Source of income (including whether the renter is receiving government aid) • Familial status (households with children under 18 years of age, foster children and pregnant mothers to be) • Religion • Mental /physical disability (including when the person is not disabled but perceived to be) • Medical condition • Age • Sexual Orientation • Gender Expression /Identity • Genetic Information In addition, the FEHA contains similar reasonable accommodations and accessibility provisions,as the federal Fair Housing Amendments Act. Community Development Department Page 7 City of Rosemead - FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Other state laws that provide protection from discrimination in housing include: • The Unruh Civil Rights Act (Unruh Act) provides protection from discrimination by all business establishments in California, including housing and accommodations because of: age, ancestry, color, disability, national origin, race, religion, sex, and sexual orientation. While the Unruh Act specifically lists "sex, race, color, religion, ancestry, national origin, disability, and medical condition" as protected classes, the California Supreme Court has held that protections under the Unruh Act are not necessarily restricted to these characteristics. • The Ralph Civil Rights Act (California Civil Code Section 51.7) forbids acts of violence or threats of violence because of a person's race, color, religion, ancestry, national origin, age, disability, sex, sexual orientation, political affiliation, or position in a labor dispute. Hate violence can be: verbal or written threats; physical assault or attempted assault; and graffiti, vandalism, or property damage. • The Bane Civil Rights Act (Bane Act) (California Civil Code Section 52.1) provides another layer of protection for fair housing choice by protecting all people in California from interference by force or threat of force with an individual's constitutional or statutory rights, including a right to equal access to housing. The Bane Act also includes criminal penalties for hate crimes; however, convictions under this Act are not allowed for speech alone unless that speech itself threatened violence. • The California Civil Code Section 1940.3 prohibits landlords from questioning potential residents about their immigration or citizenship status. In addition, this law forbids local jurisdictions from passing laws that direct landlords to make inquiries about a person's citizenship or immigration status. In addition to these acts, Government Code Sections 11135, 65008, and 65580- 65589.8 prohibit discrimination in programs funded by the State and in any land use decisions. Specifically, Sections 65580 - 65589.8 require local jurisdictions to address the provision of housing options for special needs groups, including: • Housing for persons with disabilities (SB 520) • Housing for homeless persons, including emergency shelters, transitional. housing, and supportive housing (SB 2) • Housing for extremely low income households, including single -room occupancy units (AB 2634) • Housing for persons with developmental disabilities (SB 812) Prohibited activities include or involve: Advertising • Application and selection process • Unlawful evictions Terms and conditions of tenancy • Privileges of occupancy • Mortgage loans and insurance • Public and p riv ate l use practices (zoning) Community Development Department Page 8 City of Rosemead FY 2015 72020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Unlawful restrictive covenants Specifically, it is unlawful under both federal and state law to: • Refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, disability, familial status, or national origin. • Discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith, because of race, color, religion, sex, disability, familial status, or national origin. • Make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, disability, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination. This prohibition applies to housing that would not be covered under current fair housing law - e.g., if a person is renting a second unit on the property where that person lives in the only other unit, it would be unlawful to use discriminatory language in the • Represent to any person because of his /her membership in one of the protected classes that any dwelling is not available for inspection, sale, or rental when such dwelling is in fact so available. • For profit, induce or attempt to induce any person to sell or rent any dwelling by representations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, color, religion, sex, disability, familial status, or national origin. 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 encourages:- (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 - A comparison of U.S. Census data from 2000 to 2010 with updated information from the U.S. Census American Community Survey of 2013. The Al contains occasional references to U.S. Census data from 1990 in order to evaluate some key demographic changes and what they might mean to housing availability, accessibility, and affordability. • Status of Affordable Housing Availability /Housing Conditions - Data collected from the City of Rosemead, the Housing Authority of the County of Los Angeles, and interviews of community members and non - profit agencies that serve residents of the City of Rosemead. Community Development Department Page 9 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice • Housing Rights Center Complaint Data - Housing complaint statistics for the period July 1, 2009 to June 30, 2014. • Rental Audit Testing - Random audit testing of 25 Rosemead rental units to determine levels of discrimination based on disability and familial status. • Survey of Rosemead Residents - A survey of 32 Rosemead residents. • Rosemead Zoning Code - A review of 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 - A comparison of HMDA data from 2013 to data from 2006 -2008. C. Key Findings and Recommendations This Al study analyzed data (U.S. Census, fair housing complaints, City and federal government, and HMDA), 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. Demographic profile and Subsidized Housing (Section II) Potential Impediment. The Housing Authority of the County of Los Angeles (HACoLA) administers the Housing Choice Voucher program for those who use their Section 8 vouchers in the City of Rosemead. HUD implemented the Section 8 voucher program to promote racial and ethnic integration in its affordable housing programs. Under the Section 8 voucher program the recipient may use the subsidized housing voucher if it is accepted by a private housing provider. Similar to data for the state of California, in the Greater Los Angeles area, the majority of Section 8 voucher participants are Black/African American (36 %). Asians only represent 11 % of the voucher participants in the Greater Los Angeles area. In Rosemead, however, Black/African Americans only represent 1% of Section 8 voucher holders and Asians represent 74% of the Section 8 voucher holders. Considering that Asians represent 60.7% of the total population, they are disproportionally receiving and utilizing federally subsidized housing in the City of Rosemead. It is possible that Black/African American Section 8 voucher holders have difficulty in finding a housing provider in the City of Rosemead who will rent to them. It is also possible that Black/African American Section 8 voucher holders do not attempt to rent in Rosemead out of concern that they will feel isolated in a city with so few African Americans. In addition, some housing providers are reluctant to accept government housing assistance for low- income renters. Community Development Department Page 10 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice, Actions Proposed to Overcome Potential Impediment. • Examine ways in which the City can work with HACoLA to encourage Rosemead housing providers to advertise available units in areas that are more racially and ethnically diverse. • Examine ways in which the City can work with HACoLA to provide more education and outreach to housing providers about the benefits of the Section 8 rental assistance program in an effort to avoid possible negative stereotyping of ethnic minorities, Section 8 housing subsidy recipients, and government assistance programs. Current Fair Housing Profile and Trends (Section III) Potential Impediment. a. Housing Complaints from the Asian Population in Rosemead - According to the 2010 census, the Asian population made up 60.7% of the Rosemead population. In 2000, the Asian population made up 48.7% of the Rosemead residents. Approximately 20% of Rosemead residents assisted by HRC over the past five years were Asian. Conversely, the Hispanic population made up 33.8% of the Rosemead population and approximately 60% of Rosemead residents assisted by the HRC over the past four years. 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. At the same time, a significant number of housing opportunities including home purchases tend to favor Asians numerically. This may indicate differential treatment in rentals and home purchase lending against non - Asians in Rosemead which would merit more education and outreach to the Asian housing providers and lenders about their responsibilities under fair housing laws. While various conclusions may be drawn from this data, two questions of relevance are whether discriminatory housing practices may be disproportionately impacting non -Asian populations within the City, and /or whether Asian residents may be turning to resources other than fair housing organizations for assistance with housing issues, if they do at all. The relatively low number of Asian clients seeking assistance from HRC becomes even more noteworthy in light of the relatively large number of Hispanic /Latino residents who comprised HRC's Rosemead clientele during the 10 -year period in question. One possible conclusion is that Hispanic residents of Rosemead are outpacing Asian residents in terms of their need for fair housing services. Another conclusion is that if the Asian population is significantly foreign -born or recently immigrated, it may not be using the City's public service programs such as the Housing Rights Center's (HRC) fair housing services program in a ratio proportionate with its size due to unfamiliarity with such programs. It is recommended that the City of Rosemead and the HRC work together in doing more outreach to Asian immigrant and non - immigrant tenants and housing providers to ensure that they are aware of their rights and responsibilities under fair housing law. Community Development Department Page 11 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Choice Actions Proposed to Overcome Potential Impediment: • Advertise all fair housing workshops to housing providers and tenants in English and Chinese. • Work with the Rosemead Chamber of Commerce to identify businesses and housing providers for outreach and education opportunities. • Utilize publications such as the Chamber of Commerce's Rosemead Report, and the City newsletter (Rosemead Resources) and website to provide information to housing providers and Rosemead residents about fair housing services. b. Housing Discrimination Complaints Based on Disability - Over the past five years the number of housing discrimination complaints based on physical disability has remained disproportionally high making up 44 % of all housing discrimination complaints reported by Rosemead residents. This indicates a continuing need for education of landlords on laws that protect the rights of people with disabilities and fair housing laws in general. Actions Proposed to Overcome Potential Impediment: • Submit regular articles to the Rosemead Resources and Chinese language newspapers on fair housing and people with disabilities. • Highlight disability discrimination at fair housing workshops in Rosemead. • Distribute informational materials in the City that focus on fair housing and people with disabilities. Audit Testing (Section IV) Potential Impediment: The HRC conducted 25 phone tests to measure levels of housing discrimination in the City of Rosemead. The tests measured discrimination against people with disabilities and families with children. The HRC found that 67% of the disability phone tests showed evidence of potential 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 from the City's business license database, property search database, etc. and work with the Rosemead Chamber of Commerce to publish information in its publications to its members. • Work with other social services organizations serving Rosemead residents to educate their staff and client community about fair housing laws. 1 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 three years is 43. Of this number 30 were based on physical or mental disabilitv. Community Development Department Page 12 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents. Community Survey (Section V) Potential Impediment: The HRC conducted a survey of 31 Rosemead residents. The survey showed that 36% of respondents had no knowledge of the fair housing laws and 45% had very little knowledge of the fair housing laws. According to the 2010 census, the population of Rosemead was 53,764 with an estimated population in 2013 of 54,561. From July 1, 2009 to June 30, 2014, the HRC assisted 626 Rosemead residents, which represents 1.6% of the total population based on 2010 census figure. 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. • Include public service announcements on the City's website regarding fair housing laws. • Submit articles to social service organizations serving Rosemead residents and in the Rosemead Resources on current fair housing topics. • Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents. Rosemead Rental Housing Conditions (Section VII) Potential Impediment. Tenants often experience habitability problems but do not have the ability to address the problem with their housing provider because of fear of retaliation or lack of resources to document the conditions and hold the housing provider accountable for the necessary repairs. Members of protected classes under fair housing laws including seniors, disabled persons, minorities, and female heads of households are often the most vulnerable to poor conditions and may not be or feel empowered to address the issue without government assistance. In conducting outreach, some Rosemead Mobilehome Park residents expressed concern about poor conditions at the Mobilehome Parks. The City of Rosemead has no jurisdiction over Mobilehome Parks. They are regulated by the California Department of Housing and Community Development's Manufactured Housing Program. The City does offer the Owner - Occupied Rehabilitation program to low and moderated - income residents of mobile home parks. Through these programs, the City makes funds available to assist homeowners in making needed rehabilitation improvements. Actions Proposed to Overcome Potential Impediment. The City should have information available for its Mobilehome Park residents about the State's Mobilehome Ombudsman, which receives and processes complaints related to living in mobile homes. Community Development Department Page 13 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Choice Rosemead Home Mortgage Disclosure Act Data (Section VIII) Potential Impediment. From the perspective of barriers to fair housing, a detailed analysis of Rosemead HMDA lending patterns present a stark change in lending in Rosemead since 2008. First, the evidence of redlining is not as clear as it was in the 2010 Al. The minority population in Rosemead is now a majority population throughout the City. The large majority of home purchase loans by all lenders made in Rosemead have been to Asian applicants. Of all applicants for home purchase loans and refinance loans in Rosemead in 2013, 75.5% were Asian American. This compares to 55% in 2008. For Hispanics, the percentages of market demand was 15.5% in 2013, compared to 34% in 2008. Whites consisted of 7.1 % of the market demand in 2013, compared to 11 % in 2008. The remaining groups, primarily African American and Native American, consisted of less than 3% of the market demand. While the denial of loan applications to Asians was consistent with those of other racial and ethnic categories, the sheer volume of lending applications by Asians greatly outnumbered every other racial group (963 of 1231 lender actions were for Asians) which indicates that Asians are disproportionately represented in the home purchase market as the group currently represents 60.7% of the City's population. In 20.13, East West Bank, a Chinese - American owned mortgage lender headquartered in Pasadena, processed no applications for home purchase from Whites, Hispanics, or African Americans, the only non -Asian American application being from a Native American person. Asians represented 97.4% of the home purchase market with loans financed by East West Bank, the largest home purchase lender in the Rosemead market. Actions Proposed to Overcome Potential Impediment. • Distribute information materials to Rosemead residents regarding lending discrimination. • Conduct a Fair Lending Workshop for Rosemead residents. • Maintain partnership with a fair housing provider who is able to provide fair housing services to Rosemead residents about equal access to housing opportunities, including home ownership programs and education services to lenders in regards to fair housing and fair lending laws. • Examine ways in which the City can encourage and motivate East West Bank to conduct outreach and provide lending information and opportunities to non -Asian communities in the San Gabriel Valley in an effort to diversity its lending portfolio in the City of Rosemead. Community Development Department Page 14 City of Rosemead FY 2015 -2020 2015 -2020 Analysis of Impediments to Fair Housing Choice Reserved Community Development Department Page 15 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Non sing Choice &II. DEMOGRAPHIC PROFILE OF ROSEMEAD The City of Rosemead is one of 88 incorporated cities in Los Angeles County, California. Rosemead is located in the San Gabriel Valley and is surrounded by the cities of San Gabriel to the northwest, Monterey Park to the west, Temple City to the northeast, El Monte to the East, South El Monte to the Southeast, and the unincorporated area of South San Gabriel and Montebello to the south. The City of Rosemead includes many immigrants and descendants of immigrants from Asia and Latin America. A. Households and Families The City of Rosemead experienced an increase in population between 1990 and 2000 and again between 2000 and 2010. The City's population increased from 51,638 in 1990 to 53,505 in 2000 representing an increase of 3.62 %. In 2010, the population increased slightly to 53,764. The estimated population in 2013 was 54,561, a 1.5% increase which is lower than the 2.9% increase for the state of California from 2010 to 2013. The number of total households increased from 13,701 in 1990 to 13,913 in 2000 to 14,247 in 2010. The average number of persons per household fluctuated from 3.72 in 1990, to 3.70 in 2000 to 3.74 in 2010. In 2010, there were 14,247 households while there were only 13,913 households in 2000. The number of families grew from 11,632 in 2000 to 11,903 in 2010. The number of persons per family increased as well from 3.43 in 2000 to 3.99 in 2010. The number of families with children rose from 2,416 in 2000 to 2,502 in 2010. The number of female- headed households has consistently grown from 2,106 in 1990 to 2,416 in 2000 to 2,502 in 2010. Table 2.1 Population, Household, and Family Changes 2000 and 2010 Category 2000 2010 % Change Total Population 53,505 53,764 +.48 # of Households 13,913 14,247 +2.40 # of Persons per household 3.70 3.74 +1.08 # of Families 11,632 11,903 +2.33 # of Persons per Family 4.19 3.99 -4.77 # of Families with Children 5,686 6,267 +10.22 # of Female- Headed Households 2,416 2,502 +3.56 2 A household consists of all people who occupy a housing unit regardless of relationship. A household may consist of a person living alone or multiple unrelated individuals or families living together. U.S. Census definition. 3 A family consists of two or more people (one of whom is the householder) related by birth, marriage, or adoption residing in the same housing unit. U.S. Census definition. Community Development Department Page 16 City of Rosemead FY 2015 -2020 2015 = 2020 Analysis of Impediments to Fair Noosing Cho ce According to the 2010 U.S. census, there were 14,247 households, out of which 8,028 (56.3 %) were opposite -sex married couples living together, 2,502 (17.6 %) had a female householder with no husband present, 1,373 (9.6 %) had a male householder with no wife present .4 There were 571 (4.0 %) unmarried opposite -sex partnerships, and 74 (0.5 %) same -sex married couples or partnerships. 1,739 households (12.2 %) were made up of individuals and 844 (5.9 %) had someone living alone who was 65 years of age or older. The average household size was 3.74. There were 11,903 families (83.5% of all households); the average family size was 3.99. B. Race In 2010, of the City's 53,764 residents, the racial makeup of Rosemead was 32,617 (60.7 %) Asian 5 , 11,348 (21.1%) White, (4.7% Non - Hispanic White), 396 (0.7 %) Native American, 273 (0.5 %) African American, 32 (0.1%) Pacific Islander, 7,940 (14.8 %) from other races, and 1,158 (2.2 %) from two or more races. Hispanic or Latino of any race was 18,147 persons (33.8 %). In 2000, by comparison, there were 53,505 people residing in the City. The racial makeup of the City was 48.76% Asian, 26.57% White, 0.85% Native American, 0.68% African American, 0.06% Pacific Islander, 19.69% from other races, and 3.38% from two or more races. Hispanic or Latino of any race was 41.30% of the population. For 2013, the estimated population was 54,561. C. Age The age of the population was spread out with 12,231 people (22.7 %) under the age of 18, 5,225 people (9.7 %) aged 18 to 24, 14,952 people (27.8 %) aged 25 to 44, 14,392 people (26.8 %) aged 45 to 64, and 6,964 people (13.0 %) who were 65 years of age or older. The median age was 38.1 years. For every 100 females there were 97.3 males. For every 100 females age 18 and over, there were 94.9 males. D. Homeowner /Renter . In 2010, there were 14,805 housing units of which 6,972 (48.9 %) were owner - occupied, and 7,275 (51.1 %) were occupied by renters.' The homeowner vacancy rate was 0.9 %; the rental vacancy rate was 3.2 %. 26,324 people (49.0% of the population) lived in owner - occupied housing units and 27,027 people (50.3 %) lived in rental housing units. The 2010 U.S. Census also reported that 53,351 people (99.2% of the population) lived in households, 135 (0.3 %) lived in non - institutionalized group quarters, and 278 (0.5 %) were institutionalized. 5 For the 32,617 Asians, the largest populations were Chinese (18,794 -35 %), Vietnamese at (8,268 - 15.4 %) and Filipino (816 - 1.5 %). 6 For the 18,147 Hispanics or Latinos, the largest population was Mexican (15,469 - 28.8 %). 7 A housing unit differs from a household in that it is a house, apartment, mobile home, or a single room that is occupied or vacant, and meant to serve as separate living quarters. Community Development Department Page 17 City of Rosemead FY 2015 -2020 1 2015 - 2020 Analysis of Impediments to Fair Housing Choice E. Income Even though the median household income increased in 2010 to $46,781 (in 2000, the median income for a household $44,115), the 2010 census and the 2013 American Community Survey reflected a significant increase in the percentage of the population living under the federal poverty line. 8 In 2000, 12.9% of the population lived below the federal poverty line. In 2010, 17.2% of the population lived below the federal poverty line. In 2013, 18.8% of the population lived below the federal poverty line. Table 2.2 Families /Persons under Federal Poverty Level Percentage of families and persons whose annual income is below the federal poverty level 2013 All families 16.6% With related children under 18 years 24.1% With related children under 5 years only 18% Married couple families with children under 18 years 23.5% Families with female householder w /children under 18 years 31.5% All people 18.8% F. Employment Overall, labor force participation rates increased for Rosemead by 5.8 between 2000 and 2014. The unemployment rate increased from 5.8% in 2000, to a high of 11.8% in 2010 and back down to 6.7% in 2014 with a current job growth of 2.50 %. Future job growth over the next ten years is predicted to be 38.30 %. Table 2.3 Changes in Labor Force Participation Rate & Unemployment 2000 and 2014 Labor Rates 2000 2014 Difference Labor Force Participation Rates 52.9 58.7% +5.8 Unemployment Rates 5.8 6.7 +.9 The income per capita is $17,534, which includes all adults and children. The median household income is $46,781. The median family income is $48,896. G. Education Rosemead has one public high school with 1800 students and ten public elementary and middle schools. There are 5 colleges and universities within 6 miles of Rosemead. 8 The U.S. Census Bureau uses a set of income thresholds that vary by family size and composition to determine who is in poverty. If a family's total income is less than the family's threshold, then that family and every individual in it is considered in poverty and below the federal poverty line. In 2013, the poverty threshold for a single person under 65 was at an annual income of $11,490; the threshold for a family group of four, including two children, was $23,550. Community Development Department Page 18 City of Rosemead FY 2015 -2020 2015 - 2020 Analivsis of Impediments to Fair Housing Choice, Table 2.4 Education Levels as of 2013 H. Government Subsidized Housing There are only two subsidized low- income housing properties in Rosemead and both are owned by the City and are for seniors only. Angelus Senior Apartments is made up of 50 1- bedroom units and 1 2- bedroom unit, and Garvey Senior Apartments is made up of 64 1- bedroom units and 8 2- bedroom units - for a total of 123 units. Both are fully occupied and one waiting list is being maintained for both properties. For the federally subsidized Section 8 program administered by the Housing Authority of the County of Los Angeles (HACoLA), there are the following numbers of Section 8 vouchers that are utilized in the City of Rosemead by year: 2010 - 398, 2011 - 403, 2012 - 413, 2013 - 398, and 2014 - 386. As of March, 5, 2015, the total number of Section 8 vouchers used in the City of Rosemead was 382. The most interesting statistic relates to the race and ethnicity of the Section 8 participants in the City Rosemead, especially when compared to the race and ethnicity of Section 8 participants in the Greater Los Angeles area. Similar to data for the state of California, in the Greater Los Angeles area the majority of Section 8 voucher participants are Black or African American (36 %). Asians only represent 11% of the voucher participants in the Greater Los Angeles area. In Rosemead, Black/African Americans only represent 1% of Section 8 voucher holders and Asians represent 74% of the Section 8 voucher holders. Considering that Asians represent 60.7% of the total population, their use of the federally subsidized housing in Rosemead is disproportionate to their number in the City. Table 2.5 Subsidized Housin Section 8 participants residing in Rosemead Rosemead, CA % California U.S. Total 25 Years and Over Population 37,111 100% American Indian 1 Less Than High School 14,020 37.78% 18.98% 14.28% High School Graduate 8,957 24.14% 20.68% 28.24% Some College or Associate Degree 1 8,828 23.79% 29.88% 28.99% Bachelor Degree 1 3,979 10.72% 19.35% 17.88% Master, Doctorate, or Professional De ree 1 1,327 3.58% 1 11.10% 1 10.61% H. Government Subsidized Housing There are only two subsidized low- income housing properties in Rosemead and both are owned by the City and are for seniors only. Angelus Senior Apartments is made up of 50 1- bedroom units and 1 2- bedroom unit, and Garvey Senior Apartments is made up of 64 1- bedroom units and 8 2- bedroom units - for a total of 123 units. Both are fully occupied and one waiting list is being maintained for both properties. For the federally subsidized Section 8 program administered by the Housing Authority of the County of Los Angeles (HACoLA), there are the following numbers of Section 8 vouchers that are utilized in the City of Rosemead by year: 2010 - 398, 2011 - 403, 2012 - 413, 2013 - 398, and 2014 - 386. As of March, 5, 2015, the total number of Section 8 vouchers used in the City of Rosemead was 382. The most interesting statistic relates to the race and ethnicity of the Section 8 participants in the City Rosemead, especially when compared to the race and ethnicity of Section 8 participants in the Greater Los Angeles area. Similar to data for the state of California, in the Greater Los Angeles area the majority of Section 8 voucher participants are Black or African American (36 %). Asians only represent 11% of the voucher participants in the Greater Los Angeles area. In Rosemead, Black/African Americans only represent 1% of Section 8 voucher holders and Asians represent 74% of the Section 8 voucher holders. Considering that Asians represent 60.7% of the total population, their use of the federally subsidized housing in Rosemead is disproportionate to their number in the City. Table 2.5 Subsidized Housin Section 8 participants residing in Rosemead 2015 Total Number 382 Households with an elderly person 162 Households with a disabled person 168 American Indian 1 Asian 284 White 93 Black/African American 4 Hispanic/Latino 88 Non-Hispanic/Latino 294 Community Development Department Page 19 City of Rosemead FY 2015 -2020 2015- 2020 Analysis of Impediments to Fair Housing Cho 8 Housing Choice Voucher (HCV) Program - HACoLA administers the Section 8 program for persons who chose to use their vouchers in the City of Rosemead. The HCV Program is the federal government's major program for assisting very low- income families, elderly, and disabled to afford decent, safe, and sanitary housing in the private market. Eligibility for a HCV is based on the total annual gross income and family size and is limited to US citizens and specified categories of non - citizens who have eligible immigration status. A family that is issued a voucher is responsible for finding a suitable housing unit of the family's choice where the owner agrees to rent under the program. A housing subsidy is paid to the landlord directly by the Housing Authority on behalf of the family. The family must pay 30% of its monthly adjusted gross income for rent and HACoLA pays the remainder of the contract rent. There are 20,670 vouchers allocated under this program country wide. HACoLA reports that it has received complaints from participants that housing providers are overall unwilling to accept Section 8 tenants. Community Development Department Page 20 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice Reserved Community Development Department Page 21 City of Rosemead FY 2015 -2020 2015 - 2020 Analwis of Impediments to Fair Housing Choice * 111111. 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 HRC to affirmatively further fair housing opportunities for over a decade._ The HRC was originally founded in 1968. The 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 currently contracts with the HRC to provide its residents with fair housing services that include education and outreach, counseling and legal services. A. Client Demographic Profile 1. Income Levels of Clients Served: Fiscal Year 2009 -10 — FY 2013 -14 Overall, 95.5% of Rosemead residents assisted by the HRC in the past five years were extremely low to low- income individuals and families. There was an 11.5% increase in the percentage of extremely low to low- income persons served during this period as compared to those served during FY 2005 through 2009. This increase is interesting given the fact that the overall number of extremely low to low income individuals and families decreased in the past five years. Table 3.1 Income Level of Rosemead Clients Income Level Extremely Low July 1, 2009 to June 30, 2010 July 1, 2010 to June 30, 2011 July 1, 2011 to June 30, 2012 • July 1, 2012 to June 30, 2013 July 1, 2013 to June 30, 2014 Total Above Moderate 1 1 1 1 1 Community Development Department Page 22 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice 2. Race of Clients Served: Fiscal Year 2009 -11 - FY 2013 -14 In 2002, the U.S. Department of Housing and Urban Development required recipients of CDBG 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 five years, the highest number of Rosemead residents assisted by the HRC were: Other (34.2 %), followed by American Indian /Alaskan Native (27.8 %), followed by Asian (19.6 %). The reason the percentage of clients who identified as "Other' is so high is that Hispanic /Latino is not a separate race category according to the US Census. Most often when asked their race, Hispanic Latino clients identify as "Other." In FY 2011 and 2012, the number of clients identifying as American Indian /Alaskan Native increased but the majority of those persons were Hispanics /Latinos who would have been classified as Other if not for a temporary skew in client screening due to HUD variations and clarifications of required current (Native American) tribal affiliation for inclusion in that racial category and Hispanic /Latino definitions. The number of Asian clients served remained consistent with an average of 25 Asian persons /households served per year but the overall percentage of Asians served decreased by 3.9% since the FY 2006 -09 fair housing service period. According to the 2010 census, the Asian population made up 60.7% of the Rosemead population but only 19.6% of Rosemead residents assisted by HRC over the period July 1, 2009 to June 30, 2013 were Asian. There are a few explanations for this unbalanced figure. Most of the rental housing market in Rosemead is owned and /or managed by persons of Asian descent, most of whom are Chinese. There may, therefore, be a bias in favor of Chinese rental applicants and in -place tenants. Also, language barriers may make it for difficult for non - Chinese speaking or non - Chinese language literate persons to apply for rental housing. Finally, recent immigrant landlords and managers may not have a thorough knowledge of federal and state fair housing laws. Recommendation: increase outreach to educate Chinese property owners, managers, and brokers in addition to tenants about their rights and responsibilities under federal and state fair housing laws. Conversely, the Hispanic population made up 33.8% of the Rosemead population and approximately 60% 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. Community Development Department Page 23 City of Rosemead FY 2015 -2020 F — 2015 — 2020 Analysis of Impediments to Fair Housing Choice Table 3.2 Community Development Department Page 24 City of Rosemead FY 2015 -2020 Race of Rosemead Clients 009 i i Total Race June 30, June 30 June i Total /. 0• 2010 2011 2012 , American Indian /Alaskan 0 13 75 66 20 174 3.5% 27.8% +24.3% Native American Indian /Alaskan 0 0 1 1 1 3 3.8% 0.5% -3.3% Native & Black American Indian /Alaskan 0 0 1 1 10 12 23.2% 1.9% - 21.3% Native & White Asian 29 23 22 20 29 123 23.5% 19.6% -3.9% Asian & White 0 0 1 0 1 0.0% 0.2% +0.2% Black/African 4 4 3 2 3 16 1.4% 2.6% +1.2% American Black/African 0 0 0 0 0 0 0.0% 0.0% NA American & White Native Hawaiian /Other 0 0 0 1 0 1 0.1% 0.2% +0.1% Pacific Islander White 8 11 11 21 31 82 18.0% 13.1% -4.9% Other 102 88 0 4 20 214 26.5% 34.2% +7.7% Total 143 139 1131 117 114 626 100% 100% Community Development Department Page 24 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousng Ch co e 3. Ethnicity of Clients Served: Fiscal Year 09/10 — FY 13/14 Table 3.3 4. Special Populations Served: Fiscal Year 2009 -10 — FY 2013 -14 The number of seniors and persons with disabilities increased significantly in FY 2012/13 and FY 2013/14. Not surprisingly, as indicated in Table 3.5, the highest number of discrimination complaints received by the HRC in the past five years is based on disability. Table 3.4 B. Summary of Housing Discrimination Complaints From July 2009 to June 2014, the HRC received 43 housing discrimination complaints from Rosemead residents. The highest number of complaints was based on physical and mental disability, which together made up 70% of all discrimination complaints. This is almost identical to the period July 2002 to March 2005 when the highest number of complaints was also disability, which made up 56% of all complaints. Community Development Department Page 25 City of Rosemead FY 2015 -2020 EthnicitX of Rosemead Clients 1 1 • . 2010 to 2011 to 2012 to 2013 to Total . . EthInicity June June June June June Total 05/06- 09/1 1 2010 30, 2011 30, 2012 30, 2013 1 2014 08/09 Cuban 0 0 0 1 1 2 0.0% 0.3% +0.3% Mexican /Chicano 53 59 71 47 49 279 37.8% 44.6% +6.8% 30 39 6 19 10 104 13.0% 16.6% +3.6% HispaOnic /Latino Puerto Rican 0 0 1 2 0 3 0.1% 0.5% +0.4% 60 41 35 48 54 238 49.0% 38.0% - 11.0% HispanictLatino Total 143 139 113 117 114 626 100% 100% 4. Special Populations Served: Fiscal Year 2009 -10 — FY 2013 -14 The number of seniors and persons with disabilities increased significantly in FY 2012/13 and FY 2013/14. Not surprisingly, as indicated in Table 3.5, the highest number of discrimination complaints received by the HRC in the past five years is based on disability. Table 3.4 B. Summary of Housing Discrimination Complaints From July 2009 to June 2014, the HRC received 43 housing discrimination complaints from Rosemead residents. The highest number of complaints was based on physical and mental disability, which together made up 70% of all discrimination complaints. This is almost identical to the period July 2002 to March 2005 when the highest number of complaints was also disability, which made up 56% of all complaints. Community Development Department Page 25 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nolusing Choice Table 3.5 Housinq Discrimination Com laints Reported b y Rosemead Residents Basis of Complaint July 1, 2009 to June 30, 2010 July 1, 2010 to June 30, 2011 July 1, 2011 to June 30, 2012 July 1, 2012 to June 30, 2013 July 1, 2013 to June 30, 2014 Total Age Arbitrary Familial Status 1 1 2 Gender 1 1 1 3 Marital Status 1 1 Mental Disability 10 1 11 National Origin 2 2 4 Physical Disability 5 3 2 3 6 19 Race 1 2 3 Source of Income General Info. Total 18 6 8 4 7 43 Of the 43 complaints, 20 were counseled and 23 were investigated. The HRC found evidence to support the allegation in 19 cases and in 4 cases the evidence was inconclusive HRC successfully conciliated 12 cases, in 1 case the client withdrew, and in 10 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 five years, the HRC has received 582 requests for information or assistance with housing concerns. 9 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. 10 HRC assigns cases a disposition of "No Enforcement Action Possible" when there is inconclusive evidence of discrimin Community Development Department Page 26 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Table 3.6 Number of Rosemead Residents with General Housing Issues Year Number of Complaints July 1, 2009 to June 20, 2010 124 July 1, 2010 to June 30, 2011 133 July 1, 2011 to June 30, 2012 105 July 1, 2012 to June 30, 2013 113 July 1, 2013 to June 30, 2014 107 Total 582 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. Community Development Department Page 27 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice Table 3.7 Tvpes of General Housinq Issues Landlord/Tenant Complaints July 1, 2009 to June 30, 2010 July 1, 2010 to June 30, 2011 July 1, 2011 to June 30, 2012 July 1, 2012 to June 30, 2013 July 1, 2013 to June 30, 2014 Total Eviction 6 11 12 11 3 43 Harassment 6 6 2 1 4 19 Illegal Entry 0 1 0 1 0 2 Late Fees 0 0 1 0 0 1 Lease Terms 12 7 6 9 8 42 Lockout 2 1 2 0 0 5 Notices 42 40 24 26 34 166 Parking 1 2 0 0 1 4 Pets 0 1 0 1 0 2 Relocation 0 3 0 0 0 3 Rent Increase 11 10 9 12 10 52 Repairs 11 14 11 17 11 64 Section 8 Information 2 0 0 0 2 4 Security Deposit 8 14 5 9 5 41 Seeking Housing 3 5 11 7 5 31 Substandard Conditions 10 9 14 6 9 48 Utilities 0 0 1 0 5 6 General Info /Other 11 9 7 13 10 50 Total 125 133 105 113 107 583 Community Development Department Page 28 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Choice Reserved Community Development Department Page 29 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice IV. RENTAL AUDIT TESTING IN ROSEMEAD A. Purpose of the Audit 1. Introduction To measure the extent of discrimination in the rental market, the HRC conducted 25 phone tests within the City of Rosemead. Of the 25 tests, 12 measured-the level of discrimination against people with disabilities and 13 measured the level of discrimination on the basis of familial status. The results of the audit tests indicate that discrimination in housing exists in the City of Rosemead. 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 familial status or disability. 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. With consideration of legitimate business concerns such as income, length of employment, and length of tenancy (see methodology below), the goal is to determine whether people with disabilities and families with children under the age of 18 are given the same housing opportunity as their counterparts without children and without disabilities in their efforts to find rental housing. B. Audit Methodology 1. Overview of Testing Testing is an enforcement tool used by the HRC to determine whether housing professionals engage in discrimination in violation of federal and state fair housing laws". The 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 - PT" and a majority group tester referred to as a "control tester - CT" who both visit the same housing unit for rent or for sale. The protected tester 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 legitimate business justifications for rejecting the applicant. 11 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). Community Development Department Page 30 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Choice Once both testers view the unit, they are required to complete a standardized report documenting their experience. The HRC is careful to ensure the two testers have no contact with one another until they have completed their reports. The test coordinator then analyzes the reports to determine if the testers have experienced discrimination based on the established criteria noted below. 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 its experience with testing, the HRC has 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. 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. For familial status tests, the protected tester is required to tell the housing provider that he or she has a child. If these criteria aren't met, the test is incomplete. 3. Number and Type of Tests The HRC conducted a total of 25 phone inquiry disability and familial status tests. The HRC chose to conduct disability tests because complaints based on this protected classification represented the highest number of complaints received by the HRC over the past five years. (Please see Section III Table 3.5.). HRC chose to conduct familial status discrimination testing because it is a prevalent form of discrimination that is well suited for phone testing. 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 westsiderentals.com, craigslist.com, rent.com, apartmentlist.com and socialserve.com to locate available rental units. HRC also conducted three site visits to locate potential rental opportunities. 12 In the tests HRC conducted in Rosemead, the Protected Disabled Tester required the use of a service /companion animal. 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 golicv to accommodate her need for a seeing -eve doq. Community Development Department Page 31 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Choice C. Audit Results Audits of Possible Discrimination Based on Disability The HRC conducted 12 phone tests to measure discrimination against people with disabilities. 1. Audits Finding Evidence of Discrimination and Potential Discrimination Of the 12 Disability tests conducted in Rosemead, 8 tests (67 %) showed evidence of potential discrimination based on disability (DI). Tests DI -1, DI -2, DI -5, DI -6, DI -7, DI -10, DI -11, and DI -12 produced evidence of differential treatment based on disability. In test DI -2, the housing provider told the Protected Disabled Tester that the no animal policy was strictly enforced by the owner after the Protected Disabled Tester told the provider that she had a prescription for her companion animal. Unlike the Controlled Tester, the Protected Disabled Tester was offered no information about the terms of the rental. In test DI -5, the housing provider told the Protected Disabled Testers that there were no pets allowed after the tester disclosed she had a mental disability and a prescription for a companion animal. In test DI -6 the housing provider offered the Protected Disabled Tester with a companion animal less favorable leasing terms (month to month lease vs. six month lease) and was not offered to be shown the unit unless the tester presented bank statements and paystubs or income tax returns. These conditions were not required of the Controlled Tester. In tests DI -10. DI -11 and DI -12, the housing provider flat out refused the Protected Disabled Tester because of the companion animal. In test DI -10, only the controlled tester was offered to be shown an apartment undergoing renovations that would be available within days. In DI -12, after telling the Protected Disabled Tester that the owner did not want any pets, the housing provider told the Controlled tester that no children were allowed either as "kids are too noisy." When the Controlled Tester said she had no children and no animals, the manager provided the rental information and offered to show the unit. Community Development Department Page 32 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice Audit #1 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -4334 The PT spoke with a property manager and the CT spoke with a receptionist. Evidence of ♦ The PT told the property manager that she was calling about Discrimination based the two - bedroom unit for herself and her companion animal. on Disability ♦ The property manager told PT, "We are not pet friendly ". ♦ The PT told the property manager that she has a prescription from her doctor. The property manager asked the PT if she had a service animal which the PT confirmed that it was. ♦ The property manager asked PT if her service animal wore a vest all the time which the PT confirmed that it did. The property manager asked PT if she had documentation for her service animal which PT confirmed that she does. ♦ Both testers received the same rental information for the available unit. Audit #2 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -2260 ♦ Both testers spoke with the same manager. The PT told the manager that she was calling about the one - bedroom unit for herself and her companion animal. Evidence of ♦ The manager told the PT that they don't allow animals at the Discrimination based on Disability property. ♦ The PT told the manager that she has a prescription for her companion animal. A The manager told PT that he is quoting the owner who stated that they don't allow animals at the property. s The CT told the manager that she was calling about the one - bedroom unit for herself. ♦ The manager told the CT that the rent is $999.00 per month, the security deposit is $999.00, there is a $25.00 credit check fee and the unit requires a one -year lease. Community Development Department Page 33 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair No _using Ch ®ice Audit #5 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -4104 O Both testers spoke with the same manager. ♦ The PT told the manager that she was calling about the one - bedroom unit for her sister and her sister's companion Evidence of animal. Discrimination based ♦ The manager asked the PT if her sister has a dog. on Disability ♦ The PT told the manager that her sister has a companion dog prescribed by her psychiatrist for her depression. ♦ The manager told PT, "I'm sorry but we do not allow dogs" at the property. 0 The PT told the manager that her sister has a prescription for the companion dog. ♦ The manager told PT that the contract states "No Pets ". ♦ The CT told the manager that she was calling about the one - bedroom unit for her mother. ♦ Both testers received the same rental information for the available unit. Community Development Department Page 34 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice Audit #6 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -1805 ♦ Both testers spoke with the same female assistant. ♦ The PT told the female assistant that she was calling about the two - bedroom unit for herself and her companion animal. Evidence of ♦ The female assistant told the PT that they don't allow dogs at Discrimination based the property. on Disability ♦ The PT told the female assistant that her companion animal was prescribed by her doctor. ♦ The female assistant told the PT that she would have to speak with her boss about her companion animal and then call her back. ♦ The PT asked the female assistant for the rental information for the available unit. ♦ The female assistant told the PT that the rent is $1,550.00 per month, the security deposit is $1,950.00, there is no charge for the credit check fee and the unit requires a month to month tenancy. ♦ The female assistant told the PT that the available unit can be seen by appointment but she would need to bring copies of her bank statements, paycheck stubs or tax returns. ♦ The female assistant contacted the PT and informed her that she spoke with her boss regarding her companion animal. ♦ The female assistant told the PT that she would need to come to their office to complete a rental application, submit her last two paycheck stubs and a letter from her doctor regarding her companion animal. The CT told the female assistant that she was calling about the two - bedroom unit for herself. ♦ The female assistant told the CT that the rent is $1,550.00 per month, the security deposit is $1,950.00, there is no charge for the credit check fee and the unit requires a 6- month lease. ♦ The CT asked the female assistant if she could see the unit tomorrow. ♦ The female assistant told the CT that she could and asked her for her phone number. ♦ The female assistant told the CT that when she went to the property, the handyman would let her in to view the available unit. Community Development Department Page 35 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Cholce Audit #7 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -1947 ♦ Both testers spoke with the same manager. ♦ The PT told the manager that she was calling about the one - bedroom unit. Possible Evidence of ♦ The PT told the manager that she has a very small dog which Discrimination based her physician prescribed for her depression. on Disability ♦ The manager told the PT that he was sorry. ♦ The CT told the manager she was calling about the one - bedroom unit for herself. ♦ Both testers received the same rental information for the available unit. Audit #10 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -2522 ♦ The PT spoke with the owner and the CT spoke with the manager. ♦ The PT told the owner that she was calling about the one- Evidence of bedroom unit for herself and her companion animal. Discrimination based ♦ The owner told the PT that he doesn't accept pets at the on Disability property. ♦ The PT told the owner that she has a prescription from her psychiatrist for her companion animal. ♦ The owner told the PT that he doesn't accept pets at his property. ♦ The CT told the manager that she was calling about the one - bedroom unit or herself. ♦ The manager told the CT that he was currently remodeling the unit, so the unit would be available on February 23, 2015. ♦ The manager told the CT that he doesn't allow pets or smoking at the property. ♦ The manager told the CT that the rent is $1,000.00, the security deposit is $1,000.00, there is a $30.00 credit check fee and the unit requires a one -year lease. ♦ The manager asked the CT to confirm that the unit would be just for her and she confirmed that it would be. ♦ The manager told the CT that he would gladly show her the unit before he finished remodeling it and would provide her with a rental application. Community Development Department Page 36 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair N*71n:g Choice Audit #11 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -3810 ♦ Both testers spoke with the same owner. ♦ The PT told the owner that she was calling about the two - bedroom unit for herself and her companion animal. Evidence of ♦ The owner told the PT, "no pets ". Discrimination based ♦ The PT told the owner that she has a prescription for her on Disability companion animal. ♦ The owner told the PT that "we don't allow any pets in any of our units ". ♦ The CT told the owner that she was calling about the two - bedroom unit for herself. ♦ The owner told the CT that the rent is $1,475.00 per month, the security deposit is $1,500.00, there is a $20.00 credit check fee and the unit requires a month to month tenancy. ♦ The owner told the CT that she would need to schedule an appointment to view the unit. Community Development Department Page 37 City of Rosemead FY 2015 -2020 [_ 2015 — 2020 Analysis of Impediments to Fair Housing Cho c1 e Audit #12 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -2638 s Both testers spoke with the same manager. ♦ The PT told the manager that she was calling about the two - bedroom unit for herself and her companion animal. Evidence of ♦ The manager told the PT that the owner doesn't allow any Discrimination based pets at the property. on Disability ♦ The PT told the manager that she has a prescription from her psychiatrist for her companion animal. ♦ The manager told the PT that she would have to ask the owner because the owner told her that they don't want any pets at the property. ♦ The manager asked the PT for her phone number and told her that she would call her back after she spoke with the owner. ♦ The PT received a return phone call from the manager about her companion animal. ♦ The manager told the PT that she spoke with the owner but the owner told her that they didn't want any pets at the property. ♦ The CT told the manager that she was calling about the two - bedroom unit for herself. ♦ The manager asked the CT how many people would be living in the unit. ♦ The CT told the manager that the unit would be for her. The manager asked the CT, "just yourself ?" ♦ The CT told the manager that the unit would be just for her. ♦ The manager told the CT, "if you are alone it is okay, if kids too noisy ". ♦ The CT asked the manager to clarify what she said. ♦ The manager told the CT, "only for you is good, kids too noisy ". The manager told the CT that the rent is $1,245.00 per month, the security deposit is $1,245.00, there would be a $25.00 or $35.00 application fee and the unit would require a one -year lease. ♦ The manager then asked the CT if she had a job, where she worked, where she lives now, why she was moving and if she had any pets. The CT told the manager that she works for Pasadena City College as a Financial Aid Advisor. The CT told the manager that she lives in Monrovia and was looking to move because her lease is up. ♦ The CT told the manager that she doesn't have any pets. ♦ The manager told the CT to drive by the property and then call her to schedule an appointment to view the unit. Community Development Department Page 38 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice 2. Audits with No Evidence of Discrimination Of the 12 Disability tests conducted in Rosemead, 4 tests (33.3 %) showed no evidence of discrimination against the Protected Disabled Tester. Tests DI -3, DI -4 DI -8, DI -9, did not produce evidence of discrimination. Audit #3 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -1474 Finding ♦ The PT spoke with the manager and the CT spoke with the Rosemead, 91770 -2438 owner's assistant. No Evidence of ♦ Both testers received the same rental information for the Discrimination available unit. Audit #4 Protected: with companion animal Finding Location Control: without companion animal Finding Location Rosemead, 91770 -2438 Both testers spoke with the same property owner. No Evidence of ♦ Both testers received the same rental information for the Discrimination available unit. Audit #8 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -4409 ♦ Both testers spoke with the same owner. No Evidence of ♦ Both testers received the same rental information for the Discrimination available unit. Audit #9 Protected: with companion animal Control: without companion animal Finding Location Rosemead, 91770 -2036 ♦ The PT spoke with the property manager and the CT spoke No Evidence of with the assistant property manager. Discrimination ♦ Both testers received the same rental information for the available unit. Community Development Department Page 39 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Audit of Possible Discrimination based on Familial Status The HRC conducted 13 phone tests to measure the existence of discrimination on the basis of familial status. 1. Audits Finding Evidence of Discrimination Of the 13 familial status tests conducted in Rosemead, 5 tests (38 %) showed evidence of potential discrimination based on familial status (FS). In FS -1, the Protected Tester with a minor child was only offered a ground floor unit with no mention of a one year lease. In FS -4, the Protected Tester was quoted a higher security deposit and told about only one available unit which was located in the noisy front. In FS -7, the Controlled Tester was quoted a lower rent and lower security deposit. In FS -12, the PT was told there were 12 applicants ahead of her for the unit and about a $25 security deposit for each adult. The Controlled tester was then told the apartment had been rented. There is possible discrimination, however, because the vacancy caller (and possibly the adults who were given the apartment to rent) where quoted a lower security deposit. Audit #2 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -3954 ♦ PT informed the agent she was interested in a 2 bedroom for her, her husband and 3 year old son. ♦ The agent offered PT a 2 bedroom on the ground floor 860 ft 2 . The unit comes with 1 parking space. Evidence of ♦ The unit would rent for $1,520 with a $500 deposit. The credit Discrimination check would be $44 per adult. ♦ PT asked if she needed to make an appointment. The agent told PT to call anytime M -F between 8:30 am -5:30 pm. ♦ CT informed the agent she was interested in a 2 bedroom for her, her husband and 24 year old son. ♦ The agent asked CT if she was interested in an upstairs or downstairs unit. CT asked if the rent differ, and the agent said it would be the same $1,520. The deposit would be $500. It would be a one year lease. Every adult would pay a $44 credit check fee. ♦ CT asked about parking, and was told 2 car carport. ♦ The agent offered to show the unit the next day to CT. Community Development Department Page 40 City of Rosemead FY 2015 -2020 T 2015 - 2020 Analysis of Impediments to Fair Housing C Imceh Audit #4 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -2164 ♦ PT informed the agent she was interested in a 3 bedroom for her, her husband and 4 year old son. ♦ The agent offered PT a unit located toward the front. The agent stated it could get kind of noisy. Evidence of ♦ The unit rented for $1,800 on a 12 month lease. The deposit Discrimination was 2 month's rent plus a $300 cleaning deposit. The unit (credit check) comes with 3 parking space. ♦ The credit check would be $30 for PT or $40 for both PT and herhusband. ♦ The agent told PT the unit could be viewed the following day at 4:30 pm. ♦ CT asked for a 3 bedroom unit. CT informed the agent that the unit would be for her, her husband and her mother. ♦ CT was told the unit rented for $1,800 and the deposit depended on the credit. CT told the agent that her husband had over 700 FICO score. The agent said it would be a $2,000 deposit. The credit check would be $20. The unit was on a one year lease. The agent told CT the unit came with 2 parking spaces. ♦ The agent offered to show the unit that following Saturday between 10:00 am -11:00 am. Audit #5 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -4038 PT told the agent she was interested in the 3- bedroom house for her, her husband and 5 year old son. ♦ PT asked the agent for the rental information and was told it would be $2,195. The deposit would be $2,500. The credit Possible Evidence of check would be $18 each. The minimum lease term would be Discrimination 12 months. (credit check) ♦ The agent offered to show the unit to PT. ♦ CT told the agent she was interested in the 3- bedroom house for her, her husband and mother. CT asked the agent for the rental information and was told it would be $2,195. The deposit would be $2,500. The minimum lease term would be 12 months. ♦ The agent said all appointments need to be set up. ♦ The agent told CT that if she had her credit report and score already she should provide a copy and no fee would be charged. They can also use their services for an $18 fee. Community Development Department Page 41 City of Rosemead FY 2015 -2020 2015 - 2020 Analy_s "_s of Impediments to Fair Housing Choice Audit #7 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -1947 ♦ PT told the agent she was interested in a 1- bedroom for her, her husband and 4 year old son. The agent confirmed the number of occupants and told PT that they had an application Possible Evidence of already and would have to call her in case the applicant Evidence of changed their mind. Discrimination ♦ PT provided the agent her contact number. i The agent said the unit rented for $1,150 and the deposit was the same amount. The lease would be for 1 year. ♦ The agent told PT they would call her in case the other applicant was not interested. ♦ CT told the agent she was interested in a 1- bedroom for her, her husband and mother. ♦ The agent told CT they had a 1- bedroom for $1,100 and $1,100 deposit. ♦ The agent told CT they had an application in already. The agent told CT she would call if the applicant didn't take the unit. ♦ The agent told the caller during the vacancy check that the rent was $980. Audit #12 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -1907 ♦ PT told the agent she was interested in the 2- bedroom unit. The agent told PT she was the 13t caller. There were already 12 people before her and she was taking applications. Possible Evidence of ♦ The agent told PT the rent would be $1225 and a $1200 Discrimination deposit. The lease would be for 1 year. ♦ PT told the agent the unit would be for her, her husband and 4 year old son. ♦ The agent asked for a $25 credit check fee for each adult. ♦ PT asked if she can view the unit the next day. The agent offered to show the unit from 2:15 pm -2:30 pm. ♦ CT called and asked about the 2- bedroom unit. The agent told CT the unit had been rented over the weekend. ♦ The agent told the caller during the vacancy check that the rent was $1,225 and the deposit $1,000. Community Development Department Page 42 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice 2. Audits With No Evidence of Discrimination Of the 13 tests conducted to measure the existence of discrimination on the basis of familial status, 8 (62 %) presented no evidence of discrimination. Audit #1 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -1972 ♦ PT informed the agent that the unit would be for her and her 2 year old son. ♦ The agent offered PT a studio and a 1 bedroom for rent. The studio rented for $925 and the 1 bedroom for $1050. Both No Evidence of units would have a 1 year lease. The deposit would be $700. Discrimination At the time of the appointment the PT can bring the $700 Discrimination Di scrimination deposit, copy of SS card, ID and 3 months of paystubs and a good credit rating. The credit check fee is waived. The owner would pay water and trash. ♦ CT informed the agent that the unit would be for her and her mother. ♦ The agent offered CT a 1 bedroom unit. The unit rented for $1,050. The deposit would be $700. There would be a one year lease. The owner would pay water and trash. Audit #3 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -2164 ♦ PT told the agent she was looking for a 2 bedroom for her, her husband and 3 year old son. ♦ The agent offered PT a 2 bedroom house. The house rented for $1,400. There would be a $1,000 cleaning deposit. The agent offered to show PT the house the same day. Evidence of ♦ The agent offered CT a 2 bedroom unit renting for $1,400. Discrimination Di scrimination The deposit would be $1,000. ♦ CT asked about the credit check for her, her husband and mother. ♦ CT asked to view the unit that same day. The agent asked CT to drive by first and if she liked it the agent would show CT the unit. Community Development Department Page 43 City of Rosemead FY 2015 -2020 [� 2015 - 202®Anaiysi of impediments to Farr Housing Choice Audit #6 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -4409 ♦ PT stated she was interested in the 3- bedroom house and wanted to know if it was still available. ♦ PT was told the unit rented for $1800 and the deposit was No Evidence of the same amount. The unit rents on a month to month. PT Discrimination asked about the credit check but the agent did not know the Discrimination amount. ♦ PT disclosed that she had a 4 year old son and asked about the backyard. The agent said the area had cement and was large enough for 4 cars. ♦ CT told the agent she was interested in the 3- bedroom unit for her, her husband and mother. The agent told CT that her husband had some people in mind but was not sure if it had rented out. CT asked for the rental information. CT was told $1,800 for the rent and the same for a deposit. CT asked about the credit check and was told she did not know the amount. Audit #8 Protected: With child Control: Only Adults Finding Location Rosemead, CA 91770 -1881 ♦ PT told the agent she was interested in a 2- bedroom for her, her husband and 3 year old son. ♦ The agent told PT that unit rented for $1,550. The deposit would be $1,950. No Evidence of ♦ PT asked the agent about viewing the unit. The agent told Discrimination PT, Monday- Friday from 9:00 am - 5:00 pm with an appointment. 9 CT told the agent she was interested in a 2- bedroom for her, her husband and mother. ♦ The agent told CT that unit rented for $1,550. The deposit would be $1,950. ♦ CT asked for the lease terms and was told 6 month lease term. ♦ CT asked the agent to view the unit and was told to make an appointment to view the unit. Community Development Department Page 44 City of Rosemead FY 2015 -2020 �� 2015 — 2020 Analysis of Impediments to Fair Housing Choice Audit #9 Protected: With child Control: Only Adults Finding Location Rosemead, CA 91770 -2067 ♦ PT told the agent she was interested in a 2- bedroom for her, her husband and 3 year old son. ♦ The agent told PT the unit would be ready by 2/21/15. No Evidence of ♦ The rent is $1250 with a $1200 deposit on a month to month Discrimination lease. The credit check fee is $30. ♦ CT told the agent she was interesting unit the 2 bedroom and wanted rental information. CT was told the rent would be $1250 with a $1200 deposit and a $30 credit check fee. The lease would be for 12 months. ♦ CT told the agent the unit would be for her, her husband and mother. ♦ The agent told CT the unit was not ready because they were still fixing it up. Audit #10 Protected: With child Control: Only Adults Finding Location Rosemead, CA 91770 -2522 ♦ PT told the agent she was interested in a 1- bedroom for her and 4 year old son. ♦ The agent told PT the rent and deposit would be $1000 with No Evidence of a $30 credit check fee. The lease terms are month to month. Discrimination ♦ PT asked if she can view the unit on that same day. The agent agreed to show the unit, but asked that PT call 1 /2 hour before going to the property. ♦ CT told the agent she was interested in a 1- bedroom for her and her mother. ♦ The agent told CT the rent and deposit would be $1000 with a $30 credit check fee. The lease terms are month to month. ♦ CT asked if the unit would be ready March 1 st. The agent said could be available the following week. Community Development Department Page 45 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Housing Choice Audit #11 Protected: With child Control: Only Adults Finding Location Rosemead, CA 91770 -3810 A PT told the agent she was interested in a 2- bedroom for her, her husband and 4 year old son. No Evidence of i The agent told PT the rent would be $1,475 with a $1,500 No Evidence of deposit. The credit check would be $20 or $30, the agent was Discrimination unsure. The lease term is month to month. ♦ PT asked the agent if she would show PT the unit. The agent told PT that her husband was there at the moment. PT told the agent she would call when she was ready to stop by. ♦ The agent asked PT her possible move in date. PT replied by the middle of March. The agent told PT there were several applicants who would want to move in on March 1s'. PT told the agent she would like to view the unit first. ♦ CT told the agent she was interested in the 2- bedroom for her, her husband and mother. ♦ The agent told CT she would be reviewing several applicants before making a decision. Audit #13 Protected: With child Control: Only Adults Finding Location Rosemead, 91770 -2638 ♦ PT told the agent she was interested in a 2- bedroom for her, her husband and 4 year old son. No Evidence of ♦ PT asked for the rental information. The agent replied by Discrimination saying the information was in the ad and asked PT, "Didn't you read the ad ?" O The agent told PT the rent and deposit would be $1,245. ♦ The agent asked PT if she had a copy of her credit report. PT told the agent her husband had his credit report. The woman replied by saying "You don't have a job ?" PT told the agent she did not but her husband works. The agent asked for the husband's place of employment. PT disclosed her husband's workplace. The agent then asked for her husband's position. PT answered he was an X -Ray Technician. ♦ CT told the agent that the unit would be for her, her husband and her mother. ♦ The agent asked CT if she works. PT told the agent that her husband works. ♦ The agent told CT that the rent and deposit would be $1,245. ♦ The agent told CT that she would have to bring her own credit check. Community Development Department Page 46 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousiog Choice, D. Conclusion Of the 20 phone tests conducted, 14 produced evidence of differential treatment based on disability. Overall 52% of the tests showed some evidence of potential discrimination. These results show that discrimination is occurring in the pre - application rental process in Rosemead. It is noteworthy that the tests for differential treatment based on disability produced greater evidence of discrimination than the tests for familial status discrimination (67% of tests vs. 33% of tests). This ratio is consistent with HRC's client complaint statistics. Community Development Department Page 47 City of Rosemead FY 2015 -2020 (�- 2015 — 2020 Analysis of Impediments to Fair Bolusing Choice O V. ANALYSIS OF ROSEMEAD RESIDENT SURVEYS This chapter analyzes data gathered from community members through surveys conducted by the HRC. The goal of the surveys was to find out if current residents of the City of Rosemead experienced discrimination when looking for property to rent or purchase and their familiarity or knowledge of fair housing laws. 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 31 individuals who are currently residents of the City of Rosemead. The respondents were randomly chosen from the Yahoo! Yellow Pages. Eighteen (18) were taken via telephone through random selection from the Yahoo! Yellow Pages. More than 18 residents were called but only 18 provided complete responses appropriate for reporting purposes. Thirteen (13) residents completed surveys in public area venues around the City of Rosemead. Nine (9) residents were male, twenty (20) were female and two (2) did not provide a gender. All 31 respondents were asked to give their age. Overall, the highest number of respondents were 56 and over (55 %). Notably, three (3) respondents were 80 and over. Table 5.1 Ages of Respondents Age Male I Female I No Gender given I Percent 17 -25 1 0 26 -35 1 4 36 -45 0 3 46 -55 1 2 56 -65 4 7 66+ 2 4 Total 9 20 �a 3.0% 19.5% 13.0% 10.0% 35.5% 19.0% 100.00% The 31 respondents were also asked to give their annual income. More respondents had annual incomes of less than $10,000 (22.5 %) than any other income bracket. Community Development Department Page 48 City of Rosemead FY 2015 -2020 2015 - 2020 Analnis of Impediments to Fair No js ng Choice, Age Less than $10,000 $10,001- $20,000 $20,001 - $30,000 $30,001 - $40,000 $40,001 - $50,000 $50,001 - $60,000 More than $60,000 Preferred not to state income. Total 9 20 dents No Gender given 1 1 0 Percent 22.5% 16.0% 16.0% 13.0% 10.0% 6.5% 3.0% 13.0% 100% Of the 31 respondents, only seven (7) had minor children in the household and one person was homeless. 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 -five percent (65 %) of the respondents said they had `never' experienced problems when finding housing in Rosemead and twelve percent (13 %) indicated that they `always' experienced problems when looking for housing in Rosemead. Table 5.3 Problems finding housing in Rosemead Table 5.2 Income of Respor Male Female 4 3 2 3 0 5 2 2 0 2 1 0 0 1 0 4 9 20 dents No Gender given 1 1 0 Percent 22.5% 16.0% 16.0% 13.0% 10.0% 6.5% 3.0% 13.0% 100% Of the 31 respondents, only seven (7) had minor children in the household and one person was homeless. 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 -five percent (65 %) of the respondents said they had `never' experienced problems when finding housing in Rosemead and twelve percent (13 %) indicated that they `always' experienced problems when looking for housing in Rosemead. Table 5.3 Problems finding housing in Rosemead Respondents were also asked to state the type of housing in which they lived. Community Development Department Page 49 City of Rosemead FY 2015 -2020 Frequency Percent Never 20 65% Sometimes 7 22% Always 4 13% Total 31 100% Respondents were also asked to state the type of housing in which they lived. Community Development Department Page 49 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nolusing Ch coi e Table 5.6 Type of housing Frequency I Percent Rental Unit (apartment, house, duplex, etc.) 18 58.0% Mobile Home 1 3.0% Single - Family Home (purchased) 11 36.0% Homeless 1 3.0 Total 31 100% 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 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 asked if they had ever experienced language or communication difficulties when looking for housing in Rosemead. The majority of respondents who answered this question (90 %) stated they had not experienced language or communication difficulties when looking for housing in Rosemead. The remaining 10% said they had difficulty communicating with an Asian housing provider. Table 5.7 Language or communication difficulties when looking for housing Respondents were also asked how familiar they were with housing laws that provide protection against housing discrimination. Over a third of the respondents indicated that they were "not at all" aware of the fair housing laws. A majority (45 %) of respondents stated they were "a little bit" familiar with the fair housing laws. Thus 81% of Rosemead residents have minimal, if any, knowledge of the fair housing laws. These results indicate that the City of Rosemead needs to increase services that would provide education and awareness of fair housing laws. Community Development Department Page 50 City of Rosemead FY 2015 -2020 Frequency Percent Yes 3 10% No 28 90% Total 31 100% Respondents were also asked how familiar they were with housing laws that provide protection against housing discrimination. Over a third of the respondents indicated that they were "not at all" aware of the fair housing laws. A majority (45 %) of respondents stated they were "a little bit" familiar with the fair housing laws. Thus 81% of Rosemead residents have minimal, if any, knowledge of the fair housing laws. These results indicate that the City of Rosemead needs to increase services that would provide education and awareness of fair housing laws. Community Development Department Page 50 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice Table 5.8 Familiarity with housing laws that protect against housing discrimination Frequency I Percent Not at all 11 36% A little bit 14 45% A lot 5 16% Did not answer 1 3% Total 31 100% a. Rental Housing Discrimination - As indicated above. Eighteen (18) respondents stated they lived in rental housing. Each respondent was asked a series of ten questions to uncover whether he or she had ever experienced any different treatment because they belonged to a group protected by the fair housing laws. Of the 18 respondents who were asked if they had ever felt discriminated against when renting property in Rosemead, ten (10) persons indicated that they had felt discriminated against. Thus, fifty -five (55 %) of these renters experienced discrimination at least once in their pursuit to obtain or retain housing. A few people indicated multiple forms of discrimination, in all, there were four (4) instances of discrimination due to having minor children, four (4) due to race, two (2) due to disability, two (2) due to age of which, one was 29 years old and the other was 58. One (1) instance of discrimination was reported on the basis of gender and one (1) on the basis of sexual orientation. b. Home Purchase /Mortgage Lending Discrimination - Of the eleven (11) homeowners, none reported any known instances of discrimination against them in the purchase of their home or mortgage. It should be noted, however, that at least half of the homeowners were born and raised in Rosemead and owned their homes for at least 30 years or had inherited it. C. Conclusion Overall, results from the survey reveal one major finding. When asked about how familiar respondents were with fair housing laws that provide protection against housing discrimination, a third of the respondents (36 %) indicated that they were "not at all" aware of the fair housing laws. In addition to this, 45% of respondents stated they were "a little bit" familiar with the fair housing laws. These results indicate that the City of Rosemead, through its partnership with the HRC, needs to increase the level of fair housing outreach to the Rosemead community. Community Development Department Page 51 City of Rosemead FY 2015 -2020 2015 — 2020 Analysis of Impediments to Fair Nousing Choice, S VI. REVIEW OF GOVERNMENT POLICIES In the previous Al prepared in 2010, HRC reviewed provisions of the RMC, specifically Title 15 (Buildings and Construction) and Title 17 (Zoning), for compliance with state and federal fair housing laws. HRC 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 was divided into three parts. The first presented RMC sections that are in direct conflict with state or federal fair housing laws. HRC recommended that the City make it a priority to change these sections to bring the RMC into compliance with fair housing law. The second part analyzed RMC sections that should be changed to achieve the goal of affirmatively furthering fair housing. The third part addresses other relevant considerations. To the extent that these troubling provisions in local law still exist, the City of Rosemead should undergo immediate efforts to address the issues identified in the Al. 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 R -1 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 Community Development Department Page 52 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice housekeeping unit that could be termed an alternative family and as such could not be excluded from the zone or made to apply for a conditional use permit. More recently, in November of 2014, the U.S. Supreme Court rejected the City of Newport Beach's request for a hearing on its group home law. Newport Beach had submitted a petition to the Supreme Court in August of 2014, asking the justices to reverse a 9th Circuit Court of Appeals ruling that a municipal ordinance governing group homes could be challenged for discriminatory intent against persons with disabilities in violation of the fair housing act. The ordinance effectively prohibited new group homes housing seven or more non - related residents from operating in most residential areas. 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, definitiomthan the current definition. B. Other Relevant Considerations 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. 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. Community Development Department Page 53 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice, O VIII. HOME MORTGAGE DISCLOSURE ACT DATA This section examines the impediments to fair housing choice in the City of Rosemead as they relate to credit markets, including mortgages. The study focuses on credit treatment by ethnicity because Rosemead is a changing market in that respect. The comparison charts also show the differences between the recent pre -real estate market crash and post -real estate market crash. One of the most noticeable changes in Rosemead in this time period is the increase in ethnic minorities in the housing market. In fact, many of the census tracts in Rosemead are now more than 90% minority. The largest of these groups are persons of Asian descent and, in particular, are Chinese or Chinese American. The following section was constructed using 2006, 2007, 2008, 2011, 2012 and 2013 Home Mortgage Disclosure Act (HMDA) data. The 2013 data is the most recent HMDA data available. The section uses HMDA data from the following census tracts: 4322.01, 4322.02, 4329.01, 4329.02, 4336.01, 4336.02, 4813, 4823.03, 4823.04, 4824.01, and 4824.02. These are the primary census tracts for the City of Rosemead. It is important to note that the review in this section is limited to actions in which the race/ ethnicity of the applicant is provided. Much of the HMDA data reviewed contains actions in which the race, ethnicity, gender and other human factors are not provided. The reasons for not providing the information are not given. It could be that the applicant refused to provide the information. It could also be that the applicant is a corporation or some other business entity and the information is not applicable. For that reason the totals listed in the written portions may not match the totals listed in the graphs. A. Access to Housing Credit in Rosemead - General Background 1. The legal context of barriers to credit markets Economic security and advancement are frequently based on home ownership, the most basic means of obtaining wealth in the United States and passing that accumulated wealth on to one's heirs. Home ownership provides a great deal of financial security and often becomes the basis for credit to increase wealth within a family unit. The recent foreclosure crisis contributed significantly to the greater wealth gap between Whites and African Americans, and Whites and Latinos. Acquiring a home also 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 borrowing from family members can be utilized. Often those other channels are unavailable and the result is wealth inaccessibility. For those households without this option, homeownership and the economic security this. can bring become impossible. Community Development Department Page 54 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice 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 (CRA) mandates that institutions that control economic resources cannot legally discriminate on the basis of race, gender, age, or disability. The 1968 Fair Housing Act, as amended in 1988, 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: Activities constituting discrimination. It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction - (1) on the basis of race, color, religion, national origin, sex or marital status, or age (provided the applicant has the capacity to contract); (2) because all or part of the applicant's income derives from any public assistance program; or (3). because the applicant has in good faith exercised any right under this chapter (15 U.S.C. sec.1591). Federal responsibility for ensuring that financial and housing markets operate equitably was strengthened in the 1970's. The 1975 HMDA required banks and other depository institutions to provide annual data on their mortgage Fending 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 the subject area. It also requires that banks not define their market areas in a manner that discriminates against minorities. In 1989, HMDA was amended, directing lenders to submit more detailed evidence (on applications, not just loans), and requiring more types of lenders (including mortgage companies) to report under HMDA. Required reporting information now includes loan applications (actions) and the result of the application - approved, purchased, denied, withdrawn by applicant, incomplete, approved but not accepted by the reporting institution, etc. Each action also requires the reporting institution to disclose the race /ethnicity of the applicant and any co- applicant, sex, income, type of loan, occupancy (homeowner occupied, for example) and the census tract where the subject property is located. In sum, federal law makes it illegal for lenders to practice either discrimination or 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 other similarly situated groups or when minorities can make a given transaction only at a higher cost or worse terms than other similarly situated Community Development Department Page 55 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice groups. 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. Discrimination disadvantages borrowers or applicants independent of their 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 pursue elimination of 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 not established a 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. 3. Evidence of potential 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. Several Community Development Department Page 56 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Housing Choice, cities have been targeted for studies. that indicate a strong possibility that discrimination in credit markets exists and several cities have brought suit against large mortgage lenders to resolve some of the disparities created by the discriminatory acts. In Boston, researchers received complete access to lenders' data files on loan applicants, a circumstance that does not exist in every market. In the Boston study, strong evidence of discriminatory conduct was uncovered. 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 versus inner -city, professional versus working class areas, largely white versus 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 The evidence for Rosemead's credit markets It is important to look into the problem of discrimination because of the tremendous ethnic diversity of the Los Angeles region. 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 and will also look at the lending practices of the two largest market shareholders of home purchase Community Development Department Page 57 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousingchoice, loans. 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 adequately 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 and 2013 HMDA data for the City of Rosemead. 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 Rosemead is a city in demographic transition. That transition is apparent when comparing the census and HMDA statistics from the 2008 report to the last year for which HMDA data is available, 2013. The primary lenders are completely different in 2013 as compared to the ones in 2008. Many of the mortgage lenders that were most active in the market in 2008 no longer exist. Others, like Bank of America, have a much smaller market share in 2013 than in 2008. The housing market was also different in 2013 than it was in 2008. The mortgage lending landscape changed dramatically with the collapse of the subprime loan market in 2008. Countrywide, Washington Mutual, and notable companies that were once high profile lenders in the City of Rosemead no longer exist. Those companies have been replaced by East West Bank, Cathay Bank, and T.J. Financial among others. The supply side- The tables below provides summary data from 2006 -2008. The totals in the graphs refer alternately to totals of responses given and (usually in the text) to total actions that occurred. 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 20% 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 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. Community Development Department Page 58 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing Co c For 2006 -2008, five lending institutions had a dominant presence in Rosemead: 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, an 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. Most Active Residential- Credit Lenders in Rosemead, 2006 -2008 (`nmmarr_ial Ranks "Totals refer to total number of actions in the marKet, ana will often exceea the sample size. Thrifts (Savinns and 1_nanc) Lender ID # 2006 -2008 Loans % of 2006 -2008 market Bank of America 0000013044 399 8.7 Wells Fargo Bank, NA 0000001741 236 5.2 JPMorgan Chase Bank 0000000008 159 3.5 Citibank, NA 0000001461 84 1.8 Countrywide Bank, NA 0000024141 55 1.2 . Total, all commercial Banks 1306 28.6 "Totals refer to total number of actions in the marKet, ana will often exceea the sample size. Thrifts (Savinns and 1_nanc) Community. Development Department Page 59 City of Rosemead FY 2015 -2020 2006 -2008 Loans % of 2006 -2008 market Washington Mutual Bank FLen 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 Community. Development Department Page 59 City of Rosemead FY 2015 -2020 2015 - Y020 Analysis of Impediments to Fair Housing Choice Credit Unions Mortoage Companies Lender ID # 2006 -2008 Loans % of 2006 -2008 market Wescom Credit Union 0000066703 11 0.2 E1 Financial Credit Union 0000086059 7 0.2 USC Credit Union 0000068459 6 0.1 Pentagon Federal Credit Union 0000000227 4 0.1 California Credit Union 0000060784 4 0.1 All Credit Unions Combined 65 1.4 Mortoage Companies Total for 2006 -2008 4574 100 Note: Only the top lenders for each category are shown Most Active Residential- Credit Lenders in Rosemead, 2013 In 2006 -2008, the five most popular commercial banks and mortgage companies controlled 77.8% of the credit market activity in the Rosemead area. By 2013, that market share was not only owned primarily by institutions that were not in the market in 2008, the market share for commercial banks and mortgage companies had dropped to 63.8 %. Community Development Department Page 60 City of Rosemead FY 2015 -2020 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 Total, Mortgage Companies 2152 49.2 Total for 2006 -2008 4574 100 Note: Only the top lenders for each category are shown Most Active Residential- Credit Lenders in Rosemead, 2013 In 2006 -2008, the five most popular commercial banks and mortgage companies controlled 77.8% of the credit market activity in the Rosemead area. By 2013, that market share was not only owned primarily by institutions that were not in the market in 2008, the market share for commercial banks and mortgage companies had dropped to 63.8 %. Community Development Department Page 60 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nous! Choice, Commercial Banks (Home Purchase) Mortgage Companies Lender ID # 2013 Loans % of 2013 market East West Bank 0000197478 38 13.7% Wells Fargo Bank, NA 0000001741 34 12.3 % Flagstar Bank 0000146672 22 7.9% Citibank, NA 0000001461 21 7.6% Cathay Bank, NA 0000595869 11 4.0% Total, all commercial Banks 126 45.5% Mortgage Companies Note: Only the top lenders for each category are shown The demand side - Including all loan types, of all applicants for home purchase loans and refinance loans in Rosemead in 2013, 75.5% were Asian. This compares to 55% in 2008. For Hispanics, the percentages of market demand was 15.5% in 2013, compared to 34% in 2008. Whites consisted of 7.1 % of the market demand in 2013, compared to 11 % in 2008. The remaining groups, primarily African American and Native American, consisted of less than 3% of the market demand. 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 L.A. County applicants, 553,424 identified their ethnicity. Of this total, some 0.3% were American Indian, 14% were Asian, 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 large proportions of whites and Hispanics with Asian Americans having the largest population. Community Development Department Page 61 City of Rosemead FY 2015 72020 Lender ID # 2013 Loans % of 2013 market CitiMortgage Inc. 13- 3222578 17 6.1% T.J. Financial 95- 4248183 15 5.4% PMAC Lending 95- 4539048 9 3.2% Parkside Lending 37- 1493496 6 2.1% United Shore Financial 38- 2750395 4 1.5% Total, Mortgage Companies 51, 18.3% Total for 2013 276 63.8% Note: Only the top lenders for each category are shown The demand side - Including all loan types, of all applicants for home purchase loans and refinance loans in Rosemead in 2013, 75.5% were Asian. This compares to 55% in 2008. For Hispanics, the percentages of market demand was 15.5% in 2013, compared to 34% in 2008. Whites consisted of 7.1 % of the market demand in 2013, compared to 11 % in 2008. The remaining groups, primarily African American and Native American, consisted of less than 3% of the market demand. 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 L.A. County applicants, 553,424 identified their ethnicity. Of this total, some 0.3% were American Indian, 14% were Asian, 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 large proportions of whites and Hispanics with Asian Americans having the largest population. Community Development Department Page 61 City of Rosemead FY 2015 72020 2015 - 2020 Analysis of Impediments to Fair Holusing Cho ciho e Market Demand in Rosemead by Ethnicity 2013 Race /Ethnicity Home Purchase Refinance Total Actions Asian 226 737 969" Hispanic 6 148 199* White 9 76 91 * Hawaiian /Pacific Islander 2 12 14 Native American 5 6 11 African American 3 1 4 Totals 251 980 1287 *includes home equity loans The above table divides actions into home purchases and refinancing, two of the three categories of loan purpose. The third category, home improvement, was not used so the Report could demonstrate the stark contract between groups applying for home purchase loans and refinancing. Most of the loan applications in the City of Rosemead in 2013 were for the purpose of refinance. The striking element of this table is in the left column where it shows the number of home purchase applications by race/ ethnicity. For Asians, 30.7% of the applications listed in the Table above were for home purchases. For all other races and ethnicities the percentage was much lower. Only 4% of Hispanics who submitted applications for mortgages in Rosemead were attempting a home purchase. For whites, the ratio was 11.8 %; Hawaiian/ Pacific Islanders, 16.7 %; Native Americans, 45.5 %; and African Americans, 75 %. The latter three groups, however, were not a significant portion of the market, combined making up only 2.2% of the total residential credit market for Rosemead. Lender Action in Rosemead by Ethnicity 2013 Application Application Total Applications Accepted or Rejected, Purchased By Withdrawn or Lender Not Accepted Race/ Ethnicity By Lender Asian Hispanic White Hawaiian /Pacific Islander Native American African American Totals Community Development Department City of Rosemead 620 1 343 1 963 82 72 154 68 17 85 5 9 14 7 1 4 1 11 3 1 1 1 4 785 1 446 1 1231 Page 62 FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nolusing Choice The above table shows lender actions taken in Rosemead in 2013 based on ethnicity. Lender actions taken on the applications vary between racial and ethnic lines. In this case, whites had the highest percentage approval rate at 80.0 %. African Americans were second with a 75% approval rate. Asians were third with a 64.4% approval rate, followed by Native Americans (63.6 %), Hispanics (53.2 %), and Hawaiian /Pacific Islanders (35.7 %). East West Bank v. Wells Fargo Bank A measure of the two largest market shareholders for home purchase loans in 2013 reveals some unusual comparisons. First, East West Bank, the largest market share holder in 2013, received only one refinance application which it approved. Wells Fargo received 138 refinance applications, of which it approved 93. The largest mortgage lender in home purchase loans in' Rosemead in 2013 was East West Bank. A cursory look at activity conducted by East West Bank revealed that, East West Bank processed 1900 mortgage loan applications countywide for home purchases. Reviewing the applications by race and ethnicity, 1582 actions involved Asian applicants (83.3 %). The remaining 318 actions were divided: 255 involving Whites (13.4 %), 26 involving Latinos (1.3 %), 23 Alaskan/ Native American (1.2 %), 12 Hawaiian/ Pacific Islander (0.6 %), 2 African American (0.1 %). The countywide actions involving. loan denials or approvals where the application was approved but East West Bank refused to accept were reviewed by Race and Ethnicity. For Asian applicants, 346 applications of all Asian applicants were denied or refused (21.9 %). For White applicants there were 100 refusals and denials (39.2 %). Thirteen of the 26 Latino applicants were rejected by East West Bank (50 %). One of 23 Native American/ Alaskan Native applicants was refused by East West (4.3 %). East West Bank Loan Activity Count ywide 2013 Race/ Ethnicity Applications Refusal /Denial Denials/ Refusals as % of Actions Asian 1582 346 21.9% White 255 100 39.2% Hispanic 26 13 50.0% Native American/ Alaskan 23 1 4.3% African American 2 0 0.0% Hawaiian/ Pacific Islander 2 1 50.0% Total 1900 472 24.8% Community Development Department Page 63 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nousing choice Wells Fargo Rank Lean Activity Countvwide 2013 Race/ Ethnicity Applications Refusal /Denial Denials /Refusals as %of Actions Asian 10,190 2,448 _ 24.0% White 28,314 7,516 26.5% Hispanic 13,290 4,348 32.7% Native American/ Alaskan 840 348 41.4% African American 2,622 1,082 41.3% Hawaiian/ Pacific Islander 644 254 39.4% Total 64,537 15,996 24.8% Countywide, Wells Fargo received 64,537 home loan applications. Whites submitted 28,314 of those applications which was 43.9% of the countywide total for Wells Fargo. - Hispanics submitted 13,290 applications which was 20.6% of applications countywide. Asian Americans submitted 10,190 for 15.8% of the countywide market. African Americans were 4.1% of the market with 2,622 applications. Native Americans and Native Hawaiians /Pacific Islanders were 2.3% of the market for Wells Fargo with 1,484. Hnmp Purchase Loan Activity For all Lenders_ City of Rosemead. 2013 Race/ Ethnicity Applications Refusal /Denial Denials /Refusals as %of Actions Asian 208 52 25% White 8 2 25% Hispanic 4 3 75% Native American/ Alaskan 2 2 100% African American 2 1 50% Hawaiian/ Pacific Islander 1 0 0% Total 225 60 26.7% Home purchase actions reflect the number of applications submitted to institutions for homes that are new to the applicants. These numbers most accurately reflect the change in demographic relationships between racial and ethnic groups in home ownership. In other words, it measures potential wealth producing transactions by race and ethnicity. Note, the statistics only account for those actions in which race and ethnicity was disclosed by the data. In Rosemead in 2013, 208 applications were submitted by Asian Americans, 92.4% of the market. Whites comprised 3.6% of the market: Hispanics submitted 4 applications for 1.8% of the market. Other groups comprised less than 3% of the Community Development Department Page 64 City of Rosemead FY 2015 -2020 2015 - 2020 Analysis of Impediments to Fair Nonsing Choice, home purchase loan market in Rosemead. Refusal rates were much higher for all groups other than Whites and Asian Americans. East West Bank Home Purchase Loan Activitv. Citv of Rosemead. 2013 Race/ Ethnicity Applications Refusal /Denial Denials /Refusals as %of Actions Asian 37 10 27% White 0 0 0 Hispanic 0 0 0 Native American/ Alaskan 1 0 0 African American 0 0 0 Hawaiian/ Pacific Islander 0 0 0 Total 38 10 26.3% The home purchase loan activity for the top two Rosemead market lenders show roughly the same numbers by race /ethnicity. For East West Bank, the striking statistic is that it processed no applications for home purchase from Whites, Hispanics, or African Americans, the only non -Asian American application being from a Native American. That means Asian Americans were 97.4% of the home purchase market from the largest home purchase lender in the Rosemead market in 2013. Wells Farno Rank Home Purchase Loan Activity Citv of Rosemead_ 2013 Race/ Ethnicity Applications Refusal /Denial Denials /Refusals as %of Actions Asian 27 9 33.3% White 3 0 0 Hispanic 1 1 100% Native American/ Alaskan 0 0 0 African American 0 0 0 Hawaiian/ Pacific Islander 0 0 0 Total 31 10 32.3% Wells Fargo received 27 home purchase applications from Asian Americans in Rosemead in 2013. That consisted of 87.1% of home purchase applications it received. Three applications from Whites were all approved and accepted. The only Hispanic application was denied. Community Development Department Page 65 City of Rosemead FY 2015 -2020 2015— 2020 Analysis of Impediments to Fair Dousing Choice Refinance Loan Activitv. All lenders. Citv of Rosemead. 2013 Race/ Ethnicity Applications Refusal /Denial Denials /Refusals as %of Actions Asian 727 239 32.9% White 89 28 31.5% Hispanic 149 60 40.1% Native American/ Alaskan 8 1 12.5% African American 1 0 0.0% Hawaiian/ Pacific Islander 12 7 58.3% Totals 988 335 33.9% In refinance actions in the City of Rosemead, there were 727 applications from Asian Americans which consisted of 73.6 % of refinance actions in Rosemead. Hispanics submitted 149 applications which was 15.1 % of refinance actions. Whites submitted 89 applications for 9.0% of the refinance actions. Hispanics had a greater refusal /denial rate than other groups with significant application numbers. WPllc Farnn Rank Refinance_ Loan Activitv Citv_ of Rosemead 2013 Race/ Ethnicity Applications. Refusal /Denial Denials /Refusals as %of Actions Asian 102 31 30.4% White 11 3 27.3% Hispanic 22 10 45.5% Native American/ Alaskan 1 0 0.0% African American 0 0 0.0% Hawaiian/ Pacific Islander 2 1 50.0% Total 138 45 32.6% Wells Fargo had 14% of the entire refinance market in Rosemead in 2013. In refinance actions in Rosemead, Wells Fargo received 102 applications. from Asian Americans which consisted of 73.9% of Wells Fargo's refinance actions in Rosemead. Hispanics submitted 22 applications which was 15.9% of refinance actions. Whites submitted 11 applications for 8.0% of the refinance actions. Hispanics had a greater refusal /denial rate than other groups with significant application numbers. East West Bank Refinance Loan Activity City of Rosemead 2013 East West Bank had a single refinance loan action in the City of Rosemead in 2013. That action was a loan to an Asian American family in the 4322.01 Census Tract. East West Bank had 225 refinance loan actions countywide. Of those actions, 111 involved Asian families, 86 involved Whites and 20 involved Hispanics. No other Community Development Department City of Rosemead 2015 - 2020 Analysis of Impediments to Fair Housing Choice, racial or ethnic groups were involved in refinance actions with East West Bank in 2013. In East West Bank's countywide refinance actions involving Asian Americans, 38 (34.2%) resulted in denials, refusals or withdrawals. For Whites, the denial, refusal, withdrawal rate was much higher - 45 (52.3 %). The highest rate of all was Hispanics. In refinance actions involving Hispanics, 14 (70 %) resulted in denials, refusals or withdrawals. C. Access to Housing Credit in Rosemead - Conclusion From the perspective of barriers to fair housing, this detailed analysis of Rosemead HIVIDA lending patterns come to three central conclusions. First, the evidence of redlining is not as clear as it was in the 2010 Al. The minority population in Rosemead is now a majority population throughout the city. The large majority of home purchase loans by all lenders made in Rosemead have been to Asian applicants. Second, "minorities" were, by far, the largest group who acquired home loans in Rosemead in 2013. Including all loan types, of all applicants for home purchase loans and refinance loans in Rosemead in 2013, 75.5% were Asian American. This compares to 55% in 2008. For Hispanics the percentages of market demand was 15.5% in 2013, compared to 34% in 2008. Whites consisted of 7.1% of the market demand in 2013, compared to 11% in 2008. The remaining groups, primarily African American and Native American, consisted of less than 3% of the market demand. While the denial of loan applications to Asians was consistent with those of other racial and ethnic categories, the sheer volume of lending applications by Asians greatly outnumbered every other racial group (963 of 1231 lender actions were for Asians) which indicates an imbalance that favors Asian lending applications. The third major finding is that the housing market has changed significantly in Rosemead and to the apparent advantage of Asian applicants. East West Bank, a Chinese American owned mortgage lender headquartered in Pasadena, processed no applications for home purchases from Whites, Hispanics, or African Americans, the only non -Asian American application being from a Native American. That means Asian Americans were 97.4% of the home purchase market from the largest home purchase lender in the Rosemead market in 2013. The City should encourage East West Bank to conduct outreach and provide lending information to non -Asian communities in Los Angeles County in an effort to diversity its lending portfolio. Community Development Department Page 67 City of Rosemead FY 2015 -2020