A Tale of Two Recoveries
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1 A Tale of Two Recoveries New Evidence of Bank of America s Discriminatory Failure to Maintain and Market Bank-Owned Properties in Communities of Color 1
2 One-Year Anniversary of Initial Filing September 25, 2012 Fair Housing Organizations Amend HUD Complaint to Add Denver Memphis Tucson Las Vegas Philadelphia 2
3 Introductions National Fair Housing Alliance Shanna L. Smith, President/CEO Washington, DC Mehri & Skalet Janell Byrd-Chichester Washington, DC Denver Metro Fair Housing Center Arturo Alvarado, Executive Director Denver, Colorado Miami Valley Fair Housing Center Jim McCarthy, President/CEO Dayton, Ohio Metro Fair Housing Services, Inc Gail Williams, Executive Director Atlanta, Georgia Housing Opportunities Project for Excellence (HOPE, Inc.) Keenya Robertson, President/CEO Miami, Florida 3
4 5 New Cities More Evidence in Original 16 Areas Richmond Denver Milwaukee Metro Chicago (12 Cities) Indianapolis Grand Rapids Dayton Philadelphia Prince George s County Washington Oakland Las Vegas Memphis Phoenix Atlanta Dallas Charleston Orlando Miami 4
5 Evidence New evidence in 5 cities shows a continuing pattern of discriminatory maintenance and marketing of Bank of America s Real Estate Owned (REO) homes. New evidence in 4 original cities continues to show lack of maintenance and marketing in African American and Latino neighborhoods: Atlanta, Dayton, Miami and Prince George s County. Bank of America has been on notice since 2009 about the problems. Evidence shows significant racial disparities based on the racial/ethnic make up the neighborhoods. 5
6 Methodology for Investigation Neighborhoods selected for investigations were Majority African-American Majority Latino Majority Non-White Majority White Neighborhoods selected had high number of foreclosed homes owned or under the control of Bank of America in the zip codes evaluated. 100% of Bank of America s REOs were evaluated within the zip codes. Occupied 6
7 Evaluation Measures Curb Appeal Accumulated mail, trash, overgrown or dead grass/shrubbery, invasive plants Structure Unsecured/broken doors, locks, windows, damaged roof, fence, deck, holes, wood rot Signage Trespass/warning signs, bank owned, For Sale signs, broken/discarded signs, unauthorized occupancy 7
8 Evaluation Measures Paint/Siding Graffiti, severe peeling/chipped paint, damaged siding, missing/broken shutters Gutters Missing, out of place, broken, hanging, obstructed Water Damage Mold, discoloration, water damage, erosion Utilities Tampered with or exposed 8
9 It s the Law Janell Byrd-Chichester Mehri & Skalet Washington, DC 9
10 Fair Housing Act The Fair Housing Act has two primary goals: to eliminate housing discrimination, and to promote residential integration Unlawful Acts: Actions that because of race restrict the choices of a person by word or conduct in seeking, negotiating for, buying or renting a dwelling so as to perpetuate segregated housing patterns, or to discourage or obstruct choices in a community, neighborhood or development. 10
11 Fair Housing Act Discriminatory Maintenance & Marketing Prohibited Practices HUD s Fair Housing Act regulations prohibit: failing or delaying maintenance or repairs of sale or rental dwellings because of race... or national origin. selecting media or locations for advertising the sale or rental of dwellings which deny particular segments of the housing market information about housing opportunities because of race or national origin. 11
12 Fair Housing Act Harms Caused by FHA Violations Disparities in maintenance and marketing based on race: discourage purchasers from buying homes in minority communities, reinforce differences in property values between white and minority communities, reinforce negative stereotypes about racial and ethnic minorities, tend to perpetuate and exacerbate racial segregation in the housing market, adversely affect home values and wealth of homeowners, adversely affect emotional and physical health, where the failure to maintain creates conditions ripe for mold, vermin and vandalism. 12
13 A Tale of Two Recoveries Memphis, TN Shanna L. Smith National Fair Housing Alliance 13
14 Racial Disparities In Memphis, TN, Complainants evaluated 12 Bank of America REO properties 5 located in African-American communities 7 located in predominantly White communities Memphis 14
15 15
16 Racial Disparities REO properties in African-American communities were 2.3 times as likely as REO properties in White communities to have 5 or more maintenance or marketing deficiencies. Memphis 16
17 Racial Disparities REO properties in African-American communities were 2.3 times as likely as REO properties in White communities to have damaged windows. 75% of REO properties in African-American communities had damaged windows, while only 29% of REO properties in White communities had the same problem. Memphis 17
18 Damaged/Boarded Windows Memphis 18
19 Graffiti, Broken Window, Overgrown Neighbors Memphis 19
20 NO For Sale Signs on any Home in African American Neighborhoods Memphis 20
21 Broken Mailbox, Graffiti, Trash Memphis 21
22 A Tale of Two Recoveries Denver, Colorado Arturo Alvarado Executive Director Denver Metro Fair Housing Center 22
23 Racial Disparities In Denver, CO, Complainants evaluated 44 Bank of America REO properties 3 located in predominantly African-American communities 21 located in predominantly Latino communities 3 located in predominantly non-white communities 17 located in predominantly White communities Denver 23
24 Copyright NFHA
25 Racial Disparities REO properties in communities of color were 3.4 times as likely as REO properties in White communities to have 10 or more deficiencies. 41% of REO properties in communities of color had more than 10 deficiencies while only 12% of REO properties in White communities had more than 10 deficiencies. REO properties in communities of color were 6.8 times as likely as REO properties in White communities to have accumulated mail. 41% of REO properties in communities of color had accumulated mail, while only 6% of REO properties in White communities had the same problem. Accumulated mail indicates a vacant home inviting theft, illegal occupancy or vandalism. Denver 25
26 Racial Disparities REO properties in communities of color were 5.3 times as likely as REOs in White communities to have miscellaneous curb appeal problems such as leaving sidewalks unshoveled during snowy months and unsecured and poorly maintained swimming pools. Slip and falls happen on snowy, icy sidewalks when kids are going to school. Unsecured pools are accidents waiting to happen. REO properties in communities of color were 9.3 times as likely as REO properties in White communities to have broken doors and locks. 56% of REO properties in communities of color had broken doors and locks, while only 6% of REO properties in White communities had the same problem. Denver 26
27 Nice new home neglected-feb
28 Everyone s sidewalk was shoveled except BOA homes in the neighborhood. Weeds were overgrown through the snow in the back yard. Denver 28
29 The garage door was left unlocked inviting vandalism or theft. We locked the door before leaving. The home was being sold with the front window broken. Denver 29
30 This home was evaluated in February and again in August Bank of America s maintenance did not improve. Snow was not shoveled and no For Sale sign is posted, but it gets worse. 30
31 Beers bottles are strewn around front porch and yard, front window is damaged and leaves from the fall accumulate by the broken fence. February 2013 Denver 31
32 The back door is unlocked and opened. People are using the house for parties. If Bank of America checks every week on its REOs, how can this continue? 32
33 Six months later--august The front window is completely broken out, the lawn is dirt, and shrubs are still overgrown, but it gets worse. 33
34 The front and back doors are left unlocked and the kitchen is vandalized. There are real estate company lock boxes on the security door and inside door, but no For Sale sign no one to call to complain. 34
35 August more broken windows and the back sliding door is still unlocked and left open. Now imagine having to live next door to this Bank of America foreclosure. 35
36 Bank of America claims to keep its REOs looking as nice, if not better, than neighboring homes. These are the neighboring homes and they are well maintained in summer and winter. 36
37 Compare this well maintained Bank of America REO in a predominately white neighborhood to the homes in Latino neighborhoods. Both the front and back of this home are in good condition. 37
38 The neighbor came out and said he shoveled the snow and even helped the garbage men put bags of trash into the truck so it would not continue to sit in the front driveway. The front door is boarded shut. Empty paint buckets are piled up along with mattresses and garbage bags are left in back yard. 38
39 This is the next door neighbor s house. He shovels the walkway. Denver 39
40 REO properties in communities of color were 2.5 times as likely as REO properties in White communities to have broken or hanging gutters. 40
41 A Tale of Two Recoveries Las Vegas, Nevada Shanna L. Smith National Fair Housing Alliance 41
42 Racial Disparities In Las Vegas, Complainants evaluated 15 Bank of America REO properties 7 located in predominantly Latino communities, 1 located in a predominantly non-white community 7 located in predominantly White communities 42
43 43
44 Racial Disparities REO properties in communities of color were 4.5 times as likely as REO properties in White communities to have damaged windows. 63% of REO properties in communities of color had damaged windows, while only 14% of REO properties in White communities had the same problem). Las Vegas 44
45 Boarded and Damaged Windows Las Vegas 45
46 No For Sale sign, although there is a real estate agent lock box on front door. Dead grass in the front yard and overgrown grass and weeds in the back yard. Las Vegas 46
47 Front and back yard of REO with trash, dead grass and the decaying carcass of dog? If, indeed, Bank of America checks on its REOs weekly then how do you explain the dead dog. Las Vegas 47
48 No For Sale sign, graffiti, dead grass and leaves never cleaned up. Las Vegas 48
49 A Tale of Two Recoveries Tucson, Arizona Shanna L. Smith National Fair Housing Alliance 49
50 Racial Disparities In Tucson, AZ, Complainants evaluated 18 Bank of America REO properties 15 located in predominantly Latino communities 3 located in predominantly White communities. Tucson 50
51 51
52 Racial Disparities REO properties in Latino communities were 2.8 times more likely than REO properties in White communities to not have a for sale sign. 93% of REO properties in Latino communities had NO For Sale sign, while only 33% of REO properties in White communities had the same problem. Tucson 52
53 Graffiti, trash, broken window, no For Sale sign. Tucson 53
54 Neighbors keep their homes clean, free from graffiti and trash Tucson 54
55 No For Sale sign, trash, open doors, dead shrubs Tucson 55
56 White Neighborhood Tucson 56
57 A Tale of Two Recoveries Philadelphia, PA 57
58 Racial Disparities In Philadelphia, PA, Complainants evaluated 27 Bank of America REO properties 13 located in predominantly African-American communities 5 located in predominantly non-white communities 9 of which were located in predominantly White communities 58
59 Racial Disparities REO properties in communities of color were 2 times as likely as REO properties in White communities to have substantial amounts of trash. (67% of REO properties in communities of color had substantial trash, Philadelphia 59
60 60
61 Boarded Windows, Trash, No For Sale Sign Philadelphia 61
62 Racial Disparities REO properties in communities of color were 3 times as likely as REO properties in White communities to have damaged steps and handrails. Philadelphia 62
63 While there is a For Sale sign, the yard is overgrown, leaves remain from last fall, broken gutter, No Trespassing. Philadelphia 63
64 Tiny For Sale sign in window, dead leaves, broken steps, front door unlocked. Philadelphia 64
65 A Tale of Two Recoveries Atlanta, Georgia Gail Williams Executive Director Metro Fair Housing Services Additional evidence of failure to maintain and market REOs in communities of color. 65
66 2012 Map 2013 Additional Evidence 66
67 Home completely boarded. No For Sale sign, overgrown shrubs in yard and invasive plants. Front door boarded Peeling paint Atlanta 67 Neighboring homes
68 No For Sale sign, overgrown grass, invasive plants accumulated mail, broken downspouts yet neighbors maintain their homes. Atlanta 68
69 This REO has no curb appeal. It is dirty needs power wash, leaves raked, mail removed, front door repaired. Atlanta 69
70 Utilities are supposed to be turned on. Gutters broken, downspouts missing, patio fencing broken/slats missing. Potentially nice brick home completely neglected by Bank of America. Atlanta 70
71 Tale of Two Recoveries Dayton, Ohio Jim McCarthy President/CEO Miami Valley Fair Housing Center Additional evidence of failure to maintain and market REOs in communities of color. 71
72 2012 Map 2013 Additional Evidence 72
73 No For Sale sign, but a lock box. It is not unusual to find Bank of America REOs with the front yard mowed, but the back and side yards overgrown, strewn with brush and/or trash. Dayton 73
74 Again no For Sale sign, but lock box on door. Downspout missing, plants growing in gutter and back yard overgrown and fence broken. Dayton 74
75 This Bank of America REO in a White Neighborhood has nicely mowed lawn and a professional for sale sign Dayton 75
76 Tale of Two Recoveries Miami, Florida Keenya Robertson President/CEO HOPE, INC Additional evidence of failure to maintain and market REOs in communities of color. 76
77 77
78 No For Sale sign, overgrown lawn and shrubs, damage, accumulation of trash. Neighbor s well maintained home Miami Area 78
79 No For Sale sign, accumulated mail invites vandalism, overgrown shrubs, invasive plants, broken fence. Miami Area 79
80 No For Sale sign, accumulation of trash across property, dead leaves. Neighbor s well maintained home. Neighbor Miami Area 80
81 NO For Sale sign, front door damaged and wasp nest on door jam, back door rusted out, light fixture with wiring exposed and hole is home covered with wood and concrete block not repaired. Miami Area 81
82 Tale of Two Recoveries Prince George s County, MD Washington, DC Additional evidence of failure to maintain and market REOs in communities of color. 82
83 83
84 Capital Heights, MD 84
85 Violation notice. Posting Unfit For Human Habitation Basement door wide open, trees downs, gutters missing. Capital Heights, MD 85
86 Still unfit, front security door gone and door damaged, still has trash and overgrown yard. Basement secured. Neighbors who have to live next to this Bank of America problem for 3 years now. 86
87 For Sale sign in window, warning signs, missing downspout, overgrown shrubs. Washington, DC 87
88 Rockville: White Neighborhood Rockville, MD 88
89 The work that provided the basis for this publication was supported by funding under a grant with the U.S. Department of Housing and Urban Development. The substance and findings of the work are dedicated to the public. The author and publisher are solely responsible for the accuracy of the statements and interpretations contained in this publication. Such interpretations do not necessarily reflect the views of the Federal Government. NFHA and its member partners also utilized their own resources to expand the REO investigations. Property of the National Fair Housing Alliance
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