Lawmaker, lawsuit challenge new Austin apartment regulation Posted: 5:52 p.m. Thursday, Jan. 1, 2015 By Andra Lim - American-Statesman Staff A conservative state lawmaker has filed a bill that would quash a city ordinance forbidding Austin apartment owners from discriminating against low-income applicants who plan to pay part of their rent with federal housing vouchers. The bill comes on the heels of a lawsuit with the same aim that was filed by the Austin Apartment Association. The City Council in December gave final approval to rules that say landlords can’t discriminate against Housing Choice Voucher holders by turning them away because of their source of income. The ordinance is supposed to take effect Jan. 12. State Sen. Charles Perry, R-Lubbock, wants to prohibit cities and counties from enforcing such an ordinance, which he said is a governmental overreach because it requires private property owners to accept vouchers. “It’s dangerously close to fascism when the government begins to take over private enterprise,” Perry said. Perry said the proposed legislation wasn’t meant specifically as a blow to Austin and said his main goal is preventing the policy from spreading to other Texas cities. For instance, the Dallas City Council is required to consider an ordinance similar to Austin’s, under a settlement Dallas reached with the U.S. Department of Housing and Urban Development. Supporters of Austin’s ordinance say it was meant to prevent discrimination based on source of income, just as federal and local laws already prohibit discrimination on the basis of several factors, such as race, religion and disabilities. Landlords can still reject applicants based on other criteria, such as criminal history or low credit scores, supporters note. The ordinance would increase housing options for low-income residents, enabling them to live by quality schools and good jobs, said Mandy De Mayo, executive director of the nonprofit HousingWorks Austin. “We want to provide opportunities for all types of people to live all over the community,” De Mayo said. A 2012 report from the nonprofit Austin Tenants’ Council said that only 7,820 out of 109,183 apartments and rental units surveyed in Travis County accept vouchers and have rents that comply with the program. The units that accept vouchers are mostly located in Northeast, East and Southeast Austin, according to a recent draft fair housing report prepared for the city. Opponents of the ordinance might not have to wait for lawmakers to act. A judge could rule at a hearing next Monday whether to grant the Austin Apartment Association lawsuit’s request for a temporary injunction, said Kristan Arrona, the association’s executive vice president. The lawsuit contends that the ordinance goes against less-restrictive state and federal fair housing laws and that landlords should be able to decide whether to accept vouchers that could impose more paperwork and red tape. The city said in a statement it was prepared to defend itself against any legal challenge and would oppose any legislation that would prevent the ordinance from being enforced. Austin’s Housing Authority, which administers vouchers, inspects apartments to ensure they meet health and safety standards, and it can withhold rent until repairs deemed necessary are made, said Lisa Garcia, the vice president of assisted living at the authority. In addition to a lease, landlords must also fill in and sign a federal contract with the authority. To be eligible for a voucher, a participant must earn less than 50 percent of the Austin-area median family income, which is $37,700 or below for a family of four. Voucher holders pay 30 to 40 percent of their income toward the rent of a moderately priced unit, and the federally funded voucher covers the rest. The Housing Authority administers 5,719 vouchers and has 2,500 applicants on a waiting list, Garcia said. Eight percent of voucher holders in 2013 — up from 5 percent in previous years — were unable to find a property where they could use their vouchers, said Garcia, who attributes the increase to Austin’s high occupancy rate and rising rents. mystatesman/news/news/lawmaker-lawsuit-challenge-new-austin-apartment-re/njd8P/#544398d0.3351919.735600
Posted on: Fri, 02 Jan 2015 21:54:29 +0000
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