Friday, February 22, 2008

Unjust Housing

The City of Kyle passed ordinances in 2003 to increase the minimum requirements for a single-family home. The lot size was increased by 200 square feet to 6,825 square feet. The home size was also increased to 1,200 square feet and must have masonry on all exterior walls including garages. The National Association for the Advancement of Colored People (NAACP), the Home Builders Association of Greater Austin (HBA), and the National Association of Home Builders (NAHB) filed a lawsuit against the city. Their claim is, by the city increasing their minimum requirements on housing, they have increased the total cost of housing. Increasing the cost of housing indirectly causes minorities the inability to buy houses in Kyle; thus violating the Fair Housing Act. The Fair Housing Act states that housing cannot consist of more than 30% of a household’s income. The Plaintiffs claim that the houses went from being a $100,000 entry-level home to a $138,500 home. This would require that the yearly household income be atleast $44,282 to maintain the law of 30%. The annual income of Hispanics in the area, according to the plaintiffs, is $41,928 in the city of Kyle,$35,649 in Hays County,and $38,356 in Austin-San Marcos area. The city of Kyle would not be racist then because Hispanics make the most in the city compared to the surrounding areas. It would rather be the question of the city trying to flush out low income. They say that the average media wage for whites is,$53,813 in the city,$49,679 in Hays County,and $54,065 Austin-San Marcos. The Plaintiffs claims that 46.8% of Hispanics in Kyle will not be able to buy a new home. This figure only applies if every Hispanic that lives in Kyle want a new home from these builders. I looked up these figures and I found on HBA of Greater Austin that with Kyle's new ordinance, entry level homes would cost $120,000 rather than $138,500 HBAAustin. This is coming directly from one of the plaintiff's own sites. If the price is off by $18,500, would the other statistics on their complaint be reliable information? According to the plaintiff, this puts the average African-American and Hispanic family out of the housing market. The City of Kyle claims that the ordinance was in order to slow the growth of the city, and they deny the statistics that the plaintiffs presented. After an extensive examination of the area, done by a qualified government official, if the numbers are correct than I think the ordinance should be modified. The City of Kyle is not the only city worried about the outcome of this trial. The repercussions of this case have other small/developmental cities worried. The City of Manor, City of Round Rock, City of Pflugerville, and the City of Jonestown submitted a Trial Brief on Disparate Impact Claims. They built a form of questions that should be answered during the trail to make the case valid. I listed the link under "Trail Brief Support" below. The other two links are to the Plaintiffs' claims and the City of Kyle's defense.

Housing Article
Plaintiffs' complaint
City of Kyle's answer
Trail Brief Support

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