The Fair Housing Act Today: Current Context and Challenges at 50

ABSTRACT

As is true for most legislation, the Fair Housing Act (FHA) was a product of its time; the legislation’s content, and even passage, was formed by dominant issues in housing markets and the country at that time. The context shaped the goals of the FHA and the strategies and tools employed under its auspices. Fifty years after the passage of the FHA, much of that context has changed. This commentary argues that changes in the context not only raise new fair housing challenges and create new gaps in our knowledge, but also may necessitate a fresh look at fair housing strategies and tools if they are to be effective at achieving the goals of the act. This commentary begins with a brief background on the FHA itself, the social context at the time of its writing, and its main goals. Next it lays out a few key changes in housing markets relevant for fair housing, highlighting challenges they may create and where research could be of greatest value. It then considers challenges arising from threats to two specific U.S. Department of Housing and Urban Development (HUD) fair housing rules seen by many as critical fair housing tools. The commentary ends with two examples of a “refresh,” where current context has shaped, or reshaped, a strategy to address today’s fair housing challenges.     

Legacy of the Housing Act of 1949: The Past,Present, and Future of Federal Housing and Urban Policy

Abstract

This article summarizes a special issue of Housing Policy Debate, which commemorates the 50th anniversary of the Housing Act of 1949. The act is best remembered for its declaration that every American deserves a “decent home and a suitable living environment.” The articles in this collection offer varying perspectives on how this act helped shape the postwar metropolis. The authors—urban planners, historians, and public officials—each consider a different part of the legacy.

The first three articles deal primarily with the act's creation and social and political ramifications, while the next three look at how Titles I, II, and III have influenced the past 50 years of housing and urban policy. The record of the Housing Act of 1949 is mixed, and so are its lessons. There remains an ongoing struggle to find the right mix of housing support to reach the goals first expressed in this landmark legislation.     

The Capital Budget: History and Future Directions

While there is a substantial body of literature concerning capital programming and budgeting in the private sector, there is only a modest literature on this subject in the public sector. Government researchers and public administration scholars have, for about seventy-five years, recognized the value of budgeting for operating expenses and have tried to develop theoretical frameworks for the public budgeting process. However, very little of this attention has been devoted to capital budgeting. As Alan Steiss has stated," The theory of capital budgeting has not been set forth; rather the emphasis... has been on devising and improving the techniques of capital budgeting." Michael White has called capital budgeting an "elusive subject" that "lacks clear definitions, organized traditions of inquiry, conceptual boundaries, standard questions, and reliable data sets."     

The FIRRE Act and Housing for Low-Income Families

During the 1980s, federal government real, direct expendituresfor low-income housing increased modestly, budget authorityfor future housing spending fell dramatically, and subsidiesshifted from primarily construction to tenant aid. These changesreflect the delicate balance struck between Reagan's "decentralizedfederalism" as it applied to low-income housing and the muchmore pro-active, centralized positions often advocated by theCongress. Although Congress did not win the budget battle, itdid add new resources to low-income housing in less direct ways.One of those less direct initiatives is the low-income housingprograms contained in FIRREA, which add both money and institutionsto the delivery of housing services for the poor. This articleevaluates these new FIRREA programs in expanding the supplyof housing for the poor. The article concludes that their successwill largely depend on the ability of the low-income housingdelivery system to integrate these new institutions and joinwith them in an active partnership to make efficient use ofthese new housing resources.     

The State and International Development Management: Shifting Tides,Changing Boundaries,and Future Directions

Today’s global concerns with poverty, instability, and terrorism link international development and security in unprecedented ways and assemble new actors in the foreign policy arena. The lessons of past experience need to better inform current policy and practice. The evolution of thinking on the role of the state, the citizen, and international development management provides clues regarding what works and what research questions remain to be answered. Institutional barriers to cooperation and shared learning need to be overcome, along with tendencies to revert to earlier, simplistic management approaches to solving international development problems.     

Public Service Motivation Research: Achievements,Challenges, and Future Directions

This article takes stock of public service motivation research to identify achievements, challenges, and an agenda for research to build on progress made since 1990. After enumerating achievements and challenges, the authors take stock of progress on extant proposals to strengthen research. In addition, several new proposals are offered, among them conducting more research on the disaggregated construct, developing grounded theory of public service motivation to understand contextual variations across cultures and political institutions, and improving current measures to better capture loyalty to governance regime as an institutional dimension of the public service motivation construct.     

Gentrification and Fair Housing: Does Gentrification Further Integration?

ABSTRACT

On the 50th anniversary of the Fair Housing Act, long-time residents of cities across the country feel increasingly anxious that they will be priced out of their homes and communities, as growing numbers of higher-income, college-educated households opt for downtown neighborhoods. These fears are particularly acute among black and Latino residents. Yet when looking through the lens of fair housing, gentrification also offers a potential opportunity, as the moves that higher-income, white households make into predominantly minority, lower-income neighborhoods are moves that help to integrate those neighborhoods, at least in the near term. We explore the long-term trajectory of predominantly minority, low-income neighborhoods that gentrified over the 1980s and 1990s. On average, these neighborhoods experienced little racial change while they gentrified, but a significant minority became racially integrated during the decade of gentrification, and over the longer term, many of these neighborhoods remained racially stable. That said, some gentrifying neighborhoods that were predominantly minority in 1980 appeared to be on the path to becoming predominantly white. Policies, such as investments in place-based, subsidized housing, are needed in many gentrifying neighborhoods to ensure racial and economic diversity over the longer term.     

Environmental Impact Analysis (EIA) : Origins, Evolution, and Future Directions

The technique of environmental impact analysis (EIA) was developed initially in the United States in response to a requirement of the National 15nvironmental Policy Act of 1969. Now adopted with variations in at least 3 0 countries antf by the European Community, EIA has proved to be a va1ua't)le component of a group of related techniques for discovering and projectirig the probable consequences of proposed action. In pursuit of iriprovenicnt in analytic technique, however, the policy rationale for EIA has too oftcii been obscured. EIA depends for full effectiveness upon in- tcgration into the policy-making process. Separated from commitment to environmental policy objectives, El.4 IS at risk of becoming redundant paperwork.     

25 Years of Transparency Research: Evidence and Future Directions

This article synthesizes the cross‐disciplinary literature on government transparency. It systematically reviews research addressing the topic of government transparency published between 1990 and 2015. The review uses 187 studies to address three questions: (1) What forms of transparency has the literature identified? (2) What outcomes does the literature attribute to transparency? and (3) How successful is transparency in achieving those goals? In addressing these questions, the authors review six interrelated types of transparency and nine governance‐ and citizen‐related outcomes of transparency. Based on the findings of the analysis, the authors outline an agenda for future research on government transparency and its effects that calls for more systematically investigating the ways in which contextual conditions shape transparency outcomes, replicating studies with varying methodologies, investigating transparency in neglected countries, and paying greater attention to understudied claims of transparency such as improved decision making and management.     

Emergency Management Research and Practice in Public Administration: Emergence,Evolution, Expansion,and Future Directions

In 1984, the Federal Emergency Management Agency (FEMA) and the National Association of Schools of Public Affairs and Administration (NASPAA) collaborated to foster a community of scholars focused on research and professional practice in emergency management. The intent was to build a community of researchers and professional practitioners who would support improved performance for an increasingly challenging set of problems confronting emergency managers at all levels of jurisdiction. The financial investment was small, but the NASPAA/FEMA initiative led to the evolution of a community of scholars engaged in emergency management research and professional practice. The authors review changes in FEMA since the 1984 workshop and the impact of the NASPAA/FEMA fellows on research and practice in emergency management, placing this initiative in the wider context of public administration.     

Past and Future Directions of the APS: Some Personal Reflections

Reform of the public service has not been just some management fad, nor is it even driven by purely management considerations. Fundamentally, public service reform, both in the last decade and in the future, is being driven by basic changes in our society, economy and technology, which in turn influence what the public expects from government.
The reforms of the last decade or so have concentrated on changing the management framework and culture. Future reforms are likely to impact more heavily on the responsibilities of the APS and what it actually does. However, the underlying rationale will continue to be to ensure the delivery of services which respond more effectively to the needs of the community.     

Congress,Lawmaking, and the Fair Labor Standards Act, 1971–2000

Lawmaking studies and evaluations of competing accounts of policy change cannot easily assess the nature of policy change due to the difficulty of locating the status quo and proposals relative to the preferences of critical political actors. Focusing on activity involving the Fair Labor Standards Act, I investigate how the attempted and successful policy change between the 92nd Congress (1971–72) and the 106th Congress (1999–2000) compares to the predicted lawmaking activity according to dominant lawmaking models. Characterizing the incidence and magnitude of policy change over nearly 30 years reveals that policy change is rarer and smaller than current theories predict. Change occurs when the status quo is more extreme than the preferences of the pivot most supportive of the status quo according to supermajoritarian models, but there are many instances where similarly extreme status quos are left unchanged. Moreover, when change occurs, it exhibits a strong status quo bias and the outcome is often indistinguishable from the preferences of the pivot who most prefers the status quo.     

New Matching Requirements for Housing Programs: Intergovernmental Conflict and the National Affordable Housing Act of 1990

This article describes the surprisingly diverse matching requirements for new federal housing programs that were introduced by the National Affordable Housing Act of 1990 and analyzes their development through the political compromise of the federal legislative process. It explains how the matching requirements reflect the divergent interests of the federal government and state and local governments in the policy outcomes of the new programs.