“The most fundamental fact about the ideas of the political left is that they do not work. Therefore we should not be surprised to find the left concentrated in institutions where ideas do not have to work in order to survive.” — Thomas Sowell
The administrative state, the fourth branch of government, has struck again. Today the U.S. Department of Housing and Urban Development (HUD) has published a new “fair housing” regulation to ensure “every American is able to choose to live in a community they feel proud of.
The new guidelines are reportedly intended to help individual communities understand “fair housing barriers” and “establish clear goals” for “improving integrated living patterns and overcoming historic patterns of segregation.”
“This proposed rule represents a 21st century approach to fair housing, a step forward to ensuring that every American is able to choose to live in a community they feel proud of — where they have a fair shot at reaching their full potential in life,” HUD Secretary Shaun Donovan said.
Donovan continued: “For the first time ever, HUD will provide data for every neighborhood in the country, detailing the access African American, Latino, Asian, and other communities have to local assets, including schools, jobs, transportation, and other important neighborhood resources that can play a role in helping people move into the middle class.”
“According to HUD, long-term solutions include “helping people gain access to different neighborhoods and channeling investments into under-served areas.” The mapping tool may guide development and zoning decisions, for example.
In a July 16 speech to the NAACP, Donovan said the American Dream still isn’t within equal reach of all communities. He lamented the lack of diversity in America’s boardrooms, schools, and the nation’s “strongest neighborhoods.”
“We have got to shape a future where ladders of opportunity are available for all Americans,” Donovan said. “For African Americans, this is critically important. Historically, for this community, the rungs on these ladders have been too far apart -– making it harder to reach the middle class.”
Donovan said HUD’s new neighborhood mapping tool, which uses Census data, will “expand access to high opportunity neighborhoods and draw attention to investment possibilities in under-served communities.”
HUD requires grantees, including cities, that receive federal housing funds to adhere to the Fair Housing Act, which means to “affirmatively further fair housing.”
HUD, under the proposed “fair housing” rule, will be able to evaluate patterns of so-called integration and segregation, racial and ethic concentrations of poverty and access “valuable community assets,” CNSNews.com elaborates.
This is nothing but another blatant example of social engineering by the federal government and an infringement on tour property rights
According to HUD, long-term solutions include "helping people gain access to different neighborhoods and channeling investments into under-served areas." The mapping tool may guide development and zoning decisions, for example.
In a July 16 speech to the NAACP, Donovan said the American Dream still isn't within equal reach of all communities. He lamented the lack of diversity in America's boardrooms, schools, and the nation's "strongest neighborhoods."
"We have got to shape a future where ladders of opportunity are available for all Americans," Donovan said. "For African Americans, this is critically important. Historically, for this community, the rungs on these ladders have been too far apart —making it harder to reach the middle class."
Donovan said HUD's new neighborhood mapping tool, which uses Census data, will "expand access to high opportunity neighborhoods and draw attention to investment possibilities in under-served communities."
"Make no mistake, this is a big deal," Donovan said. "With the HUD budget alone, we are talking about billions of dollars. And as you know, decades ago, these funds were used to support discrimination. Now, they will be used to expand opportunity and bring communities closer to the American Dream."
Under the Fair Housing Act, HUD requires grantees, such as cities, that receive federal housing funds to "affirmatively further fair housing."
Under the proposed rule, the neighborhood data provided by HUD will be used to evaluate patterns of integration and segregation, racial and ethnic concentrations of poverty, and access to "valuable community assets." HUD wants to know if existing laws and policies — such as zoning, financing, infrastructure planning and transportation — create, perpetuate or alleviate segregation.
The proposed rule explicitly incorporates fair-housing decision-making into existing planning processes and other decision-making that influences how communities and regions grow and develop.
There is no enumerated power for Congress specified in Article I, Section 8 of the Constitution to interfere with local communities and how people decide to conduct their lives. Yet When Congress created HUD they gave them broad administrative and unchecked powers to put forth regulations that did exactly what Congress could not do according to Article I, section 8 and the Ninth and Tenth Amendments. This is the power of the administrative state.
Suppose you worked hard, saved your money, and bought your dream home in a beautiful gated community. You wanted to live here because you not only lover the amenities offered by the HOA, such as tennis courts, pools, and community meeting halls. You didn’t much care who your neighbors were and figured it they could afford to live in this community they had a right to be here and would make good neighbors. Perhaps some of your neighbors were Black or Hispanic. Perhaps they were Asian. It didn’t matter. You all had one thing in common. They qualified financially to live in the community.
I doubt if there would be any welfare recipients living in your community. Now HUD will map your community and discover that it is not “diverse” enough to suit some bureaucrat in Washington, D.C. They will notify your town council and mayor of this fact and impose sanctions if this condition is not changed to their model. They could do this through denial of block community grants and even civil rights law suits. Somehow the federal government will have to subsidize families to move in even if they have to use the power of eminent domain (see Kelo v. City of New London). Kelo was a case decided in 2005 by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.
The case arose in the context of condemnation by the city of New London, Connecticut, of privately owned real property, so that it could be used as part of a “comprehensive redevelopment plan.” However, the private developer was unable to obtain financing and abandoned the redevelopment project, leaving the land as an empty lot, which was eventually turned into a temporary dump.
The big difference this time is that the land won’t be turned into a dump as HUD will provide the money for the welfare family to obtain the house next door and pay the association dues. This will be a direct infringement on your property rights.
This HUD ruling will affect every community in the United States. HUD will control decisions of local planning commissions. They will dictate who builds what and where they build it. Land developers and home builders will be mandated to provide “diversity” in the communities they create. HUD will make sure mortgage companies follow the diversity rules when they issue mortgages, even if the mortgagor can’t financially quality.
HUD will also further step up fair housing enforcement. In the past three over $54million in compensation has been awarded to 25,000 people who were wrongly discriminated against as a result of enforcement actions, Donovan noted.
By disseminating this information, HUD believes the original Fair Housing Act, signed into law in 1968, will be modernized for the 21st century,
This inequality comes from real estate agents showing fewer available properties to minorities than to equally qualified whites, Donovan explained, adding that ‘because of the subtle nature of this discrimination, often times, they don’t even know they have been subjected to this abuse.
If you think Detroit is bad wait until the central planners in Washington, D.C. come to your neighborhood.