HOUSING BARRIERS PERSIST ON LONG ISLAND:
Continued...
While both Nassau and Suffolk Counties enacted fair housing laws and administrative enforcement systems in 2007, implementation has been slow, particularly in Suffolk. It
is still ERASE Racism’s hope that the Nassau and Suffolk new enforcement systems will operate in a more effective and efficient manner, encourage more of those
suffering from housing discrimination to come forward to be heard, and that the systems will then render justice for all victims of housing discrimination in a timely
and effective manner.
In addition to finding failures by governmental entities at all levels, the study found that residential segregation on Long Island is actively maintained by some real estate
professionals. According to the data cited, 84% of African-Americans and 73% of Latinos feel it is somewhat or very likely that Long Island real estate agents practice
housing discrimination. Real estate professionals were defendants in 73% of all race-based complaints filed with NYSDHR between 1999 and 2007 in which an African-American
alleged housing discrimination on Long Island.
The lack of progress in the enforcement of fair housing laws continues the centuries-old pattern of discrimination against African-Americans. Members of other protected
groups—Latinos, people with disabilities, and others—are also victimized. As long as some Long Islanders are discriminated against in this way, we are all simultaneously
implicated and suffer a diminution in the quality of our lives.
“There have been changes in leadership at both the State and federal level since the report was written, said Ms. Gross. “I hope that this new leadership will reverse the
disgraceful inattention to fair housing and address the deficiencies detailed in the report. Reaching and sustaining racial equity in housing is an indication of a healthy
community and requires ongoing attention. Continued collaboration, cooperation and action on the part of government, the real estate community, the business community, the
legal community, nonprofits and Long Island residents are absolutely essential.”
KEY FINDINGS OF THE REPORT
New York State Division of Human Rights (NYSDHR)
• African-Americans were the vast majority of individuals who made inquiries
and filed fair housing complaints based on race on Long Island.
• African-American complainants were the least likely to have an advocate,
attorney or fair housing representative aid them in the complaints
process, compared to any other group by race.
• The most frequent reason stated for closure of a race-based fair housing
complaint by NSDHR was a finding of “no probable cause.”
• Between 1999 and 2007, 90% of the race-based fair housing complaints
generated from Long Island were determined to have a “no probable
cause”
finding.
• Of the 10% of race-based complaints where probable cause was found,
the majority resulted in the complaint being withdrawn from NYSDHR or in
a settlement by NYSDHR.; only 8% went before an Administrative Law
Judge (ALJ).
• NYSDHR continues to fail to meet the statutory deadlines for prosecuting
complaints and there have been no improvements seen in the quality of
investigations since ERASE Racism’s 2005 report.
• NYSDHR failed to provide ERASE Racism with the majority of settlements
entered into from 2000 to 2007, thereby frustrating ERASE Racism’s ability
to evaluate the effectiveness of redress offered to victims.
U.S. Department of Housing and Urban Development (HUD)
• HUD fails to provide adequate oversight of the fair housing enforcement
functions of Fair Housing Assistance Programs (FHAP) agencies.
• FHAP agencies, like (NYSDHR), mishandle fair housing cases more often
than not by not responding to complaints, ineffective investigations,
incomplete paperwork and missing statutory deadlines.
• HUD and FHAP agencies bear direct responsibility for the public’s lack of confidence in the federal and State fair housing enforcement systems.
Long Island Municipalities and HUD
• HUD has failed to ensure that municipalities receiving federal funding
through HUD- administered programs, such as Community Development
Block Grants, meet the requirements and standards set forth by the
federal government that protect against and cure the inequities of racial
segregation.
• Lack of enforcement and exclusionary planning perpetuate residential
racial segregation on Long Island and further propel racial inequity in all
sectors of life regionally.
• HUD has knowingly continued to use taxpayers’ money to fund segregated
policies implemented through a township’s Section 8 Program where HUD
itself warned the township against the continuation of such policies
because of the racially exclusionary effect.
• Since ERASE Racism’s first report on the level of segregation on Long
Island in 2005, the municipalities have failed as a whole to take any
significant steps towards drafting and implementing community development plans that address the inequities caused by racial
residential segregation.
Long Island Real Estate Professionals
• Real estate professionals were the defendants in nearly three-quarters of
fair housing complaints filed from Long Island.
• Real estate professionals made up 37% of the defendants in race-based
discrimination complaints filed with NYSDHR.
• Real estate professionals were defendants in 73% of all race-based
complaints where an African-American alleged housing discrimination on
Long Island.
• Some real estate professionals continue to brazenly commit illegal housing
discrimination violations as a matter of business practice on Long Island.
• Some real estate professionals are fully aware of the fact that they are
breaking the law and even announce that fact to some prospective clients.
• The New York State Division of Licensing (NYSDL) has failed to aggressively
punish real estate professionals for illegal housing discrimination by more
frequently revoking and suspending real estate licenses.