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Letter of Support re Item 60,4 Request for Approval of a Density Bonus Agreement to Allow a 552 Unit Affordable Rental Project at 2110, 2114, and 2020 East First Street August 20, 2019 p. 3 adverse impact of the Unit on public health, public safety, or historic resources, the City Council should grant the parking concession requested by the developers as a matter of right. Denying This Proiect Would Constitute Intentional Housing Discrimination A. Denial of the 552 Unit Affordable Rental Project Constitutes Intentional Land Use Discrimination against low-income people under Government Code section 65008 If the City denies the Unit, it would constitute intentional land use discrimination against low- income persons under Government Code section 65008. Section 65008 renders null and void any action that denies employment of residence, landownership, tenancy or other interest in land to individuals based on protected classes, including intended occupancy of any residential development by persons of very low, low, moderate, or middle income. This prohibition applies to any power exercised under the authority of Title 7. §§ 65008(a)(1) and (2). Additionally, Section 65008 prohibits local government agencies, including cities and counties from taking actions, including in the administration of ordinances, or approval of developments, which prohibit or discriminate against any residential development or shelter because the development is intended for occupancy by "person[s] or families of very low, low, moderate, or middle income." (Gov. Code §65008(b)(1) (Q.) B. Denial of the 552 Unit Affordable Rental Project Would Violate Santa Ana's Duty to Affirmatively Further Fair Housing Additionally, should the City Council deny the developers' request for a permit to construct the Unit, it would constitute fair housing discrimination, as it violates the City of Santa Ana's duty to affirmatively further fair housing under federal and state law.' Affirmatively furthering fair housing requires the City to take meaningful action that, taken together, addresses significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The federal Fair Housing Act prohibits practices that "actually or predictably result[] in a disparate impact on a group of persons or creates, increases, reinforces, or perpetuates segregated housing patterns.i' Further, California Fair Employment and Housing Act makes it "unlawful ... to discriminate through public or private land use practices, decisions, and authorizations `that have the effect, regardless of intent, of unlawfully discriminating on the basis of [a] protected class."' 5 Accordingly, denying the developers the opportunity to build this needed Unit will continue to reduce the amount of housing that would otherwise be available for lower -income households in the City, and therefore could be construed as having disparate negative impact on certain racial and ethnic groups. s 42 U.S.C. 3608 and Executive Order 12892 'Dept. of Housing and Urban Development Regs, Implementation of the Fair Housing Aet's Discriminatory Effects Standard, 24 C.F.R. § 100.500(a), 78 Fed. Reg. 11482 (Feb. 15, 2013). s Gov. Code §12955.8, subd. (b). 601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714) 541-1010 • Fax (714) 541-5157