How are protected classes impacted by zoning provisions?
Do our codes and ordinances expose us to unnecessary legal risk?
What are the trouble spots in our zoning code?
Could a few simple revisions head off potential Fair Housing litigation?
Last year’s new federal regulation regarding the Fair Housing Act’s Discriminatory Effects Standard resulted in increased scrutiny and heightened implications for local governments regarding building codes and zoning ordinances. Under this regulation, local governments can find themselves challenged or faced with significant litigation, as a result of disparate impact standards.
WFN Consulting’s Zoning Risk Analysis Matrix
Utilizing a Zoning Risk Analysis Matrix, WFN Consulting evaluates land use and zoning issues and how they have or could potentially contribute to disparities in access to opportunity, segregation and racially-concentrated areas of poverty.
This tool assesses individual zoning codes against 18 separate and distinct fair housing criteria applicable to land use and zoning practice and policy. As it is analyzed and assessed against these fair housing criteria, each zoning code will be assigned a risk score representing its probability for imposing an impediment to fair housing choice [1 = low risk; 3 = medium risk; 5 = high risk].
Applying a consistent test for each zoning code allows a local government to objectively analyze the current status of applicable zoning laws and will give the subject jurisdiction or municipality a helpful guide that points out where legislative changes may be in order.
Additionally, WFN Consulting utilizes in-house counsel who has experience in both land use policy and complex Fair Housing and RLUIPA litigation to ensure this zoning analysis is consistent with current law as it relates to both local government and the requirements imposed through HUD’s Analysis of Impediments. Utilizing WFN’s in-house counsel allows our firm to pass along significant cost savings to the jurisdictions where we work.
As communities are held to standards well beyond discriminatory intent, it is imperative that other policies that might impact protected classes are addressed. WFN consultants can provide tools and techniques to create robust Fair Housing compliance protocols. Let us show you how.
Contact WFN Consulting to schedule your Fair Housing consultation today!