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1 New Mexico Fair Housing Forum April 9, 2014
2014 Analysis of Impediments
to Fair Housing Choice
Sponsored by the New Mexico
Mortgage Finance Authority and the
Division of Finance and Administration
Local Government Division
Fair Housing Forum
2 New Mexico Fair Housing Forum April 9, 2014
New Mexico
Analysis of Impediments (AI)
States must:
certify that they are Affirmatively
Furthering Fair Housing (AFFH)
as a condition of receiving
federal funds from HUD
3 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI
Certification means three things:
1. Conduct an AI
2. Take action on impediments, if
impediments were found
3. Maintain records of actions
4 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI
Entire purpose of the Study:
Conduct study to identify any
impediments to fair housing
choice, then recommend actions
that address impediments
5 New Mexico Fair Housing Forum April 9, 2014
Content of an AI
Private sector transactions: rental
market (applications, interviews, etc.)
and sales markets (lending, steering,
blockbusting, foreclosure burden, etc.)
Public sector influences: land use
codes, zoning, public policy practices,
neighborhood resistance, etc.
Assessing barriers to housing choice
6 New Mexico Fair Housing Forum April 9, 2014
New Mexico
Fair Housing Forum
Present to you context, fair housing
information, and preliminary results of
analysis
Receive comment, input, and your
experiences with fair housing
7 New Mexico Fair Housing Forum April 9, 2014
Definition of Impediments to
Fair Housing Choice:
Actions, omissions, or decisions
which restrict housing choice
because of protected class
status
8 New Mexico Fair Housing Forum April 9, 2014
Who is protected?
Protected classes
under state and federal law:
Race, color, national origin, religion,
ancestry, sex age (if 40 or over),
physical and mental handicap, serious
medical condition, spousal affiliation,
sexual orientation and gender identity
9 New Mexico Fair Housing Forum April 9, 2014
Review AFFH Court Cases
National Significance:
Westchester County, NY, vs. Antidiscrimination
Center of New York City
Falsely claiming certification
Forced to pay funding back to HUD
Forced to pay legal fees
That County now has very close oversight
AI scrutiny very high throughout the U.S.
10 New Mexico Fair Housing Forum April 9, 2014
2014 New Mexico AI Study Area
Excludes:
Population of Entitlements & Native and Federal Lands
11 New Mexico Fair Housing Forum April 9, 2014
Demographic Change Population by Race and Ethnicity
Non-Entitlement Areas of New Mexico
2000 & 2010 Census SF1 Data
Race 2000 Census 2010 Census % Change
00–10 Population % of Total Population % of Total
White 727,033 63.5% 804,846 66.3% 10.7%
Black 16,650 1.5% 18,572 1.5% 11.5%
American Indian 145,732 12.7% 152,009 12.5% 4.3%
Asian 6,578 .6% 9,309 .8% 41.5%
Native Hawaiian/
Pacific Islander 834 .1% 860 .1% 3.1%
Other 209,491 18.3% 188,921 15.6% -9.8%
Two or More Races 38,042 3.3% 39,847 3.3% 4.7%
Total 1,144,360 100.0% 1,214,364 100.0% 6.1%
Non-Hispanic 647,227 56.6% 646,999 53.3% -.0%
Hispanic 497,133 43.4% 567,365 46.7% 14.1%
12 New Mexico Fair Housing Forum April 9, 2014
Distribution of Native Populations
2000 2010
13 New Mexico Fair Housing Forum April 9, 2014
Distribution of Hispanic Population
2000 2010
14 New Mexico Fair Housing Forum April 9, 2014
Economics:
Poverty in New Mexico Poverty by Age
State of New Mexico
2000 Census SF3 & 2012 Five-Year ACS Data
Age
2000 Census 2012 Five-Year ACS
Persons in
Poverty % of Total
Persons in
Poverty
% of
Total
Under 6 42,736 13.0% 54,386 13.8%
6 to 17 82,482 25.1% 86,437 22.0%
18 to 64 177,374 53.9% 219,225 55.8%
65 or Older 26,341 8.0% 33,091 8.4%
Total 328,933 100.0% 393,139 100.0%
Poverty Rate 18.4% . 19.5% .
15 New Mexico Fair Housing Forum April 9, 2014
Distribution of Poverty
2000 2012
16 New Mexico Fair Housing Forum April 9, 2014
Housing Choices
Housing Units by Tenure Non-Entitlement Areas of New Mexico
2000 & 2010 Census SF1 Data
Tenure 2000 Census 2010 Census
% Change
00–10 Units % of Total Units % of Total
Occupied Housing Units 405,005 83.6% 447,399 84.2% 10.5%
Owner-Occupied 305,790 75.5% 329,376 73.6% 7.7%
Renter-Occupied 99,215 24.5% 118,023 26.4% 19.0%
Vacant Housing Units 79,608 16.4% 83,741 15.8% 5.2%
Total Housing Units 484,613 100.0% 531,140 100.0% 9.60%
17 New Mexico Fair Housing Forum April 9, 2014
Vacant Housing
Disposition of Vacant Housing Units Non-Entitlement Areas of New Mexico
2000 & 2010 Census SF1 Data
Disposition
2000 Census 2010 Census % Change
00–10 Units % of Total Units % of Total
For Rent 14,130 17.7% 11,833 14.1% -16.26%
For Sale 7,388 9.3% 6,285 7.5% -14.93%
Rented or Sold, Not Occupied 3,795 4.8% 2,286 2.7% -39.76%
For Seasonal, Recreational,
or Occasional Use 29,220 36.7% 32,369 38.7% 10.78%
For Migrant Workers 315 0.4% 219 0.3% -30.48%
Other Vacant 24,760 31.1% 30,749 36.7% 24.19%
Total 79,608 100.0% 83,741 100.0% 5.2%
18 New Mexico Fair Housing Forum April 9, 2014
Assisted Housing Locations
LIHTC Public Low Rent & Vouchers
19 New Mexico Fair Housing Forum April 9, 2014
Housing Complaints Fair Housing Complaints
Fair Housing Complaints by Basis
Non-Entitlement Areas of New Mexico
2004–2013 HUD Data
Basis 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total
Disability 8 16 8 6 4 13 5 10 7 9 86
Race 2 7 5 9 6 4 3 2 2 4 44
National Origin 6 4 4 2 1 7 3 27
Family Status 7 4 2 1 2 1 1 1 1 1 21
Sex 2 2 2 1 3 1 2 2 15
Retaliation 2 3 2 1 8
Religion 1 1 2 4
Total Bases 33 42 29 27 21 30 20 30 23 22 277
Total Complaints 22 27 16 16 12 17 9 18 13 11 161
20 New Mexico Fair Housing Forum April 9, 2014
Housing Complaints Fair Housing Complaints
Fair Housing Complaints by Issue Non-Entitlement Areas of New Mexico
2004–2013 HUD Data Issue 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 Total
Discriminatory terms, conditions, privileges, or
services and facilities 7 11 7 8 5 5 7 11 8 8 75
Discrimination in term, conditions or privileges
relating to rental 12 14 5 5 5 4 3 3 51
Failure to make reasonable accommodation 4 8 2 3 2 10 3 2 2 36
Discriminatory refusal to rent 2 5 1 3 6 3 2 3 2 2 31
Discriminatory acts under Section 818 (coercion,
etc.) 5 11 3 2 1 3 2 2 29
Discriminatory refusal to rent and negotiate for
rental 2 4 3 1 3 2 1 1 1 18
Failure to permit reasonable modification 2 1 2 2 2 9
Discriminatory financing (includes real estate
transactions) 1 1 1 2 2 6
Otherwise deny or make housing available 1 1 2 4
All Other 3 1 9 6 0 3 2 4 0 0 29
Total Issues 35 56 29 30 21 32 14 27 22 22 288
Total Complaints 22 27 16 16 12 17 9 18 13 13 161
21 New Mexico Fair Housing Forum April 9, 2014
Housing Complaints Fair Housing Complaints
Fair Housing Complaints by Basis
State of New Mexico
2005-13 New Mexico Human Rights Bureau Data
Year Age Handicap National
Origin Race Retaliation
Serious
Medical
Condition
Other Total
Basis
Total
Complaints
2005 1 1 1
2006 1 1 1
2007 1 1 1
2008 1 1 1
2009 1 1 2 2
2010 . .
2011 1 1 1 3 3
2012 . .
2013 2 2 2 6 2
Total Basis 2 3 4 2 2 1 15 11
22 New Mexico Fair Housing Forum April 9, 2014
Mortgage Lending
Purpose of Loan by Year Non-Entitlement Areas of New Mexico
2004–2012 HMDA Data
Purpose 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total
Home Purchase 34,007 41,129 44,623 34,674 20,593 17,888 19,006 18,307 17,373 247,600
Home
Improvement 6,697 8,315 9,689 9,908 6,866 3,986 3,124 2,607 2,676 53,868
Refinancing 47,848 49,492 52,075 47,573 34,461 42,371 32,219 27,550 32,360 365,949
Total 88,552 98,936 106,387 92,155 61,920 64,245 54,349 48,464 52,409 667,417
23 New Mexico Fair Housing Forum April 9, 2014
Mortgage Lending
Denial Rates by Year Non-Entitlement Areas of New Mexico
2004–2012 HMDA Data
25.2
22.3
22.4 23.8 23.9
22.0
26.0
32.3
34.6
14.0
19.0
24.0
29.0
34.0
39.0
2004 2005 2006 2007 2008 2009 2010 2011 2012
Den
ial R
ate
24 New Mexico Fair Housing Forum April 9, 2014
Mortgage Lending – Denial Rates
2004-2011 2012
25 New Mexico Fair Housing Forum April 9, 2014
Mortgage Lending Denial Rates by Race and Ethnicity
Non-Entitlement Areas of New Mexico
2004–2012 HMDA Data
49.4
20.2
27.4
22.1
19.7
31.9
10.0
15.0
20.0
25.0
30.0
35.0
40.0
45.0
50.0
55.0
American Indian Asian Black White Non-Hispanic Hispanic
Den
ial R
ate
by R
ace
2004 2005 2006 2007 2008 2009 2010 2011 2012
52.1% 48.0% 38.0% 45.5% 41.8% 39.1% 39.1% 56.9% 68.8%
Annual American Indian Denial Rates
26 New Mexico Fair Housing Forum April 9, 2014
Native American Applications Native American Applications by Property Type
Non-Entitled Areas of New Mexico
2012 HMDA Data
Action Single Family Manufactured
Housing Total
Originated 124 114 238
Denied 30 496 526
Total 154 610 764
Denial Rate 19.5 81.3 68.8
Native American Manufactured Home Lending
Non-Entitled Areas of New Mexico
2012 HMDA Data Lender Originated Denied Total Denial Rate Regulatory Agency
Lender A 49 318 367 86.6 HUD
Lender B 38 134 172 77.9 HUD
All Other 27 44 71 62.0 Misc
Total 114 496 610 81.3 .
27 New Mexico Fair Housing Forum April 9, 2014
Native American Applications
Major Manufactured Homes Lenders by Action by Race Non-Entitled Areas of New Mexico
2012 HMDA Data
Name Action American
Indian Asian Black
Native
Hawaiian White N.A. Total
Lender A
Originated 49 1 0 1 63 65 179
Denied 318 3 9 5 330 411 1,076
Denial Rate 86.6 75.0 100.0 . 84.0 86.3 85.7
Lender B
Originated 38 2 2 0 190 113 345
Denied 134 4 10 0 277 379 804
Denial Rate 77.9 66.7 83.3 . 59.3 77.0 70.0
28 New Mexico Fair Housing Forum April 9, 2014
Native American Denial Rates
2004-2011 2012
29 New Mexico Fair Housing Forum April 9, 2014
Hispanic Denial Rates
2004-2011 2012
30 New Mexico Fair Housing Forum April 9, 2014
Predatory Mortgage Lending
Originated Owner-Occupied Loans by HAL Status Non-Entitlement Areas of New Mexico
2004–2012 HMDA Data
Loan Type 2004 2005 2006 2007 2008 2009 2010 2011 2012 Total
Other 11,946 12,193 13,334 11,193 7,484 6,932 6,861 6,010 6,012 81,965
HAL 1,893 3,347 3,499 1,873 895 549 454 561 669 13,740
Total 13,839 15,540 16,833 13,066 8,379 7,481 7,315 6,571 6,681 95,705
Percent HAL 13.7% 21.5% 20.8% 14.3% 10.7% 7.3% 6.2% 8.5% 10.0% 14.4%
31 New Mexico Fair Housing Forum April 9, 2014
Distribution of HALs
2004-2011 2012
32 New Mexico Fair Housing Forum April 9, 2014
Predatory Mortgage Lending
HAL Rates by Race and Ethnicity Non-Entitlement Areas of New Mexico
2004–2012 HMDA Data
29.2
10.4
14.8
13.4
11.5
20.3
5.0
10.0
15.0
20.0
25.0
30.0
35.0
American Indian Asian Black White Non-Hispanic Hispanic
HA
L R
ate
by R
ace
33 New Mexico Fair Housing Forum April 9, 2014
Hispanic HAL Rates
2004 - 2011 2012
34 New Mexico Fair Housing Forum April 9, 2014
Native American HAL Rates
2004-2011 2012
35 New Mexico Fair Housing Forum April 9, 2014
Native American HAL Lenders
Major Manufactured Home Lenders by Type of Loan Originated
Non-Entitled Area of New Mexico
2012 HMDA Data
Name Action American
Indian Asian Black
Native
Hawaiian White N.A. Total
Lender A
Other 319 3 9 5 333 414 1,083
HAL 48 1 0 1 60 62 172
HAL Rate 13.1 25.0 0.0 . 15.3 13.0 13.7
Lender B
Other 134 4 10 0 277 379 804
HAL 38 2 2 0 190 113 345
HAL Rate 22.1 33.3 16.7 . 40.7 23.0 30.0
36 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
https://www.research.net/s/2014-NM-FairHousingSurvey
Role of Respondent State of New Mexico
2014 Fair Housing Survey Data
Primary Role Total
Advocate/Service Provider 5
Local Government 5
Homeowner 3
Other Role 3
Service Provider 2
Renter/Tenant 1
All Other 0
Total 19
37 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
Perceptions About Fair Housing Laws State of New Mexico
2014 Fair Housing Survey
Question Yes No Don't
Know Missing Total
Do you think fair housing laws are useful? 14 2 3 19
Are fair housing laws difficult to understand or follow? 6 6 4 3 19
Do you think fair housing laws should be changed? 3 5 8 3 19
Do you thing fair housing laws are adequately enforced? 7 7 5 19
38 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
Barriers to Fair Housing in the Private Sector State of New Mexico
2014 Fair Housing Survey
Question Yes No Don't
Know Missing Total
Are you aware of any questionable practices or barriers to fair housing choice in:
The rental housing market? 6 4 4 5 19
The real estate industry? 3 4 7 5 19
The mortgage and home lending industry? 6 2 6 5 19
The housing construction or accessible housing design fields? 1 7 5 6 19
The home insurance industry? 1 4 9 5 19
The home appraisal industry? 1 4 9 5 19
Any other housing services? 4 3 6 6 19
39 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
Barriers to Fair Housing in the Public Sector State of New Mexico
2014 Fair Housing Survey
Question Yes No Don't
Know Missing Total
Are you aware of any questionable practices or barriers to fair housing choice in:
Land use policies? 4 6 4 5 19
Zoning laws? 4 5 5 5 19
Occupancy standards or health and safety codes? 5 6 3 5 19
Property tax policies? 2 6 6 5 19
Permitting process? 3 4 6 6 19
Housing construction standards? 4 3 5 7 19
Neighborhood or community development policies? 5 5 3 6 19
Limited access to government services, such as employment services? 6 6 2 5 19
Public administrative actions or regulations? 3 4 7 5 19
40 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
Local Fair Housing State of New Mexico
2014 Fair Housing Survey Data
Question Yes No Don't
Know Missing Total
Are you aware of any city or county fair housing ordinance,
regulation, or plan? 4 10 5 19
Are there any specific geographic areas that have fair housing
problems? 6 1 7 5 19
41 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Questions
Fair Housing Activities State of New Mexico
2014 Fair Housing Survey
Question Yes No Don't
Know Missing Total
Is there a training process available to learn about fair housing laws? 7 7 5 19
Have you participated in fair housing training? 8 2 9 19
Are you aware of any fair housing testing? 2 12 1 4 19f
Testing and education Too Little Right
Amount
Too
Much
Don't
Know Missing Total
Is there sufficient outreach and education activity? 10 1 3 5 19
Is there sufficient testing? 7 1 6 5 19
42 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Fair Housing Survey Comments Expressed:
Lack of fair housing education
Discrimination in the rental markets, especially
in the more rural areas of the State
Minorities being offered predatory lending
rates
Redlining and NIMBYism exists in New Mexico
Failure to follow ADA construction guidelines
Permitting forms only in English
43 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Preliminary Impediments – Private Sector:
More frequent denial of home purchase loans to
Native American and Hispanic residents
Apparent predatory lending falls more heavily on
Native American and Hispanic borrowers
Discriminatory terms, conditions, privileges, or
facilities relating to rental
Discriminatory refusal to rent
Failure to make reasonable accommodation or
modification
Insufficient understanding of Fair Housing Laws
44 New Mexico Fair Housing Forum April 9, 2014
New Mexico AI Preliminary Impediments – Public Sector:
Insufficient understanding of Fair Housing Laws
Insufficient fair housing testing and enforcement in
Non-entitled areas of New Mexico
Fair Housing infrastructure largely lacking outside of
Albuquerque and Santa Fe
Little access/use of NM Human Rights Bureau
Insufficient oversight of manufactured home lenders
regulated by HUD
NIMBYism
45 New Mexico Fair Housing Forum April 9, 2014
2014 AI
Contact Information:
Ms. Debbie Davis Programs & Initiatives Manager
New Mexico MFA
505-767-2221