Boulder, Colorado is the least affordable city in America that is not in California, Hawaii, or the New York City urban area. Boulder’s unaffordability is directly due to a combination of land-use policies, including a greenbelt that is nine times larger than the city itself and limits on the number of building permits that the city can issue each year.
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A new report published by Colorado’s Independence Institute argues that these land-use policies violate the Fair Housing Act and must be repealed. Thanks to these policies, the black population of Boulder is declining despite the fact that the city’s overall population is growing. Boulder also has one of the lowest homeownership rates of any city in the country, and it is especially low for blacks, who, more than whites, are increasingly forced to live in high-density, multifamily housing instead of single-family homes.
Yesterday, the Department of Housing and Urban Development (HUD) approved a new fair housing rule called Affirmatively Furthering Fair Housing. This follows the Supreme Court’s recent ruling allowing HUD to use disparate impact as a criterion for determining whether a community is guilty of unfair housing practices.
Racists. Wikimedia photo by Bernard Gagnon.
In one form of disparate impact analyses, HUD compares the racial makeup of a city or suburb with the makeup of the urban area as a whole. If the city doesn’t have enough minorities, it is presumed guilty and must take steps to attract more. Under the Affirmatively Furthering Fair Housing rule, that could mean subsidizing low-income housing or rezoning land for high-density housing.