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Amy McCoy

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Beschreibung

With 19 years of real estate expertise, Amy McCoy is not just a seasoned Realtor and Broker; she's a dedicated Housing Advocate and Civil Rights leader. Her unwavering commitment to ensuring equitable access to housing and championing civil liberties has made her a respected voice in the industry and beyond. Amy's story is one of passion, dedication, and the relentless pursuit of justice, making her a architect of change in communities nationwide.
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Amy McCoy

Sheltered Injustice

All rights reserved

Copyright © 2023 by Amy McCoy

No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law.

Published by BooxAI

ISBN: 978-965-578-714-6

SHELTERED INJUSTICE

FROM JIM CROW TO MARTIAL LAW: THE STRUGGLE FOR FAIR HOUSING

AMY MCCOY

CONTENTS

Prelude

Foreword

Author’s Note

Introduction

1. The Legacy of Slavery and Jim Crow

2. The Necessity of Fair Housing Today

3. Methods for Furthering Fair Housing

4. Exclusionary Zoning: A Barrier to Fair Housing

5. Fair Housing and Voting Rights

6. Current Restrictions and Challenges

7. Funding and Fair Housing Initiatives

8. Martial Law and the Threat of Regression

9. Stories and Anecdotes

10. Taking Action

Conclusion

Special Remarks

PRELUDE

Venturing into a literary pursuit, I embarked on a path to trace my genealogy. I found myself deeply grateful for the genealogy Tuesdays at the National African American History Museum in Washington, DC, which helped me uncover the roots that my father had spoken of. This expedition even enabled me to pinpoint the likely slave owner of my father's bloodline.

In contrast, my mother's lineage paints me as a first-generation American born on US soil. While my research is far from over, I have managed to find the birthdate of my 3rd great-grandfather, who could have been born here or conceived along the African coast. This ancestor was thrust into a culture where dignity was dismissed solely because of skin color.

Can we say America has changed?

Combing through death certificates and census records, I started to piece together the probable experiences of my family. I've wrestled with understanding the trauma my father endured and the way its shadow still lingers in my own life. My father is typically reluctant to discuss the past, choosing to focus on the present and the possibility of a better future. Meanwhile, my mother's narratives of her foreign upbringing and tales of my grandmother surviving bomb shelters during World War II in Kent, England, present a starkly different background. Both threads weave together to depict their attempts to navigate the American experiment.

My narrative aims to illustrate why America bears an obligation. Federal, state, and local policies have altered lives, building a foundation of systemic bias and problems. As a real estate agent for nearly two decades, I have witnessed the fluctuations of the housing market. Despite promises of opportunities, policy remains a recurring impediment.

I see myself as an advocate for fair housing. From a young age, the worth of a dollar became clear out of sheer necessity. Being in the real estate profession has prompted a deeper introspection of my life. Johnny Isakson was right when he said politics and real estate are intimately linked. Your zip code can indeed dictate your life expectancy, educational attainment, and likely savings.

Unfortunately, housing reports continue to highlight a decline in Black homeownership, and the racial wealth gap has broadened.

My career has given me a front-row seat to the commendable, the disheartening, and the downright disturbing. Having been educated both in the US and abroad, I have noted the disparities in education from state to state. I attended Marshall Elementary School in California and did middle school in Germany and High School in Georgia. Upon moving to Clayton County at 14, I discovered how the US army had subtly contributed to redlining. I found myself under-stimulated at school, leading to unruly behavior. I was eventually transferred from Mount Zion High School to Lovejoy High School due to excessive fighting.

When discussing fair housing, people often forget that it was initially about preventing illegal mistreatment. Nowadays, it's often framed as an aspirational goal – something to work towards – rather than a standard that should have already been achieved. There is a pressing need for more advocacy to enforce it as a right, ensuring genuine legal protections.

It's disheartening that victims often lack equitable access in a system that seems designed for their downfall. The average person's perspectives can be skewed, as many believe they already comprehend the issue and dismiss potential biases. Unaware of their privilege, they fail to see how it perpetuates inequity in resource distribution within communities, states, and the nation.

Discrimination's legacy goes beyond today. To progress, we must acknowledge the structural and systemic issues and their lasting impact. The need for a real diversity, equity, and inclusion component should be woven into the fabric of municipal leadership curricula when training for their role to strengthen the prospects of fair housing.

Calling for reparations is not asking for handouts. A common argument against reparations is the notion that it's a handout or that one shouldn't have to pay for a past they didn't partake in. However, this overlooks the historical reality that our government has consistently subsidized the prosperity of white Americans at the expense of Black Americans.

The Homestead Act gave away land to white people, while Black Americans who had toiled on that land for generations were denied access. New Deal programs that built the white middle class ensured that 98% of federally-backed loans until 1968 went to white homeowners. State-sanctioned violence against Black people went uncompensated, as did the taxes paid for public amenities that they were barred from using.

The claim for reparations isn't only tied to slavery. The systemic anti-Black policies, racial apartheid laws, and the conditions Black people face today are the legacies of slavery. These are reparations for the ongoing impact of slavery.

FOREWORD

Andre M. Perry, Ph.D., Senior Fellow, Brookings Institution

The real estate industry is undergoing a significant awakening concerning racial issues. Homeowners, renters, banking professionals, appraisers, and civil rights groups are confronting the consequences of discrimination. Since the publication of the 2018 Brookings report on the devaluation of assets in Black neighborhoods, which revealed that homes in Black-majority areas are priced an average of $48,000 lower than comparable homes in white-majority neighborhoods, there has been a surge in research, social activism, and legislative efforts, driving a powerful movement. The real estate sector is now facing scrutiny for practices that deplete the wealth of families residing in Black neighborhoods.

Lower home prices in Black neighborhoods reflect how much we value their residents. The problem of housing devaluation requires input from a wide range of actors across multiple sectors, including the people closest to the problem, but they have fewer resources and power to engage with dominant people who influence policy. Consequently, we must financially incentivize and empower local leaders, firms, and nonprofits to work alongside well-resourced institutions to find a new generation of solutions.

In order to empower local stakeholders and address housing discrimination, it is imperative that we delve into the historical context, listen to the personal narratives of those whose families have faced discrimination, and highlight the creative thinkers whose solutions can help reclaim the value that has been eroded by racism.

What do we mean by devaluation?

After carefully attending to social conditions like education, crime, and walkability, our research found that homes in Black-majority neighborhoods across the country are priced, on average, approximately 23% or $48,000 less than similar homes in similar social conditions in mostly white areas, where the share of the Black population are less than a percent. In some specific metropolitan areas, the price difference is even more pronounced. For instance, in the Lynchburg, Va. metropolitan area, we see an -81% difference between average home prices in Black-majority and white neighborhoods. In the Rochester, N.Y. metro area, there is a -65% difference. In the metro area with the largest Black population, Detroit, Mich., there is a -37% disparity.

For the millions of residents residing in neighborhoods with a majority Black population, this devaluation translates into reduced funding for essential municipal services such as public schools and law enforcement. Diminished home equity results in fewer resources available for the ever-rising costs of college tuition, leading to an increase in student loan debt. Additionally, the lower value of our homes hinders the ability to gather capital for entrepreneurial ventures. Our research indicates that the $156 billion in lost revenue could have provided the starting capital for 4.4 million businesses, based on the average amount of capital that Black entrepreneurs typically use to launch their ventures.

Since the publication of the 2018 report, there have been congressional hearings, additional studies, and news reports that support our finding that racial bias has a significant impact on home values. The Biden Administration has recognized the research on devaluation conducted by Brookings in various memoranda, and the U.S. Department of Housing and Urban Development has established an interagency task force focused on appraisals. This initiative coincided with the release of a study by the government-sponsored enterprise Freddie Mac, which highlighted systemic racial bias among appraisers. The acknowledgment of this issue at the highest levels of government is both welcomed and encouraging. However, the most enduring solutions will need to emerge from those who directly confront and combat discrimination on a daily basis. Just as practices like redlining originated at the local level and were later codified and supported by the federal government, similarly, solutions that prioritize inclusivity will likely emerge from grassroots efforts.

Correcting home values must go beyond appraisal regulation

Following the release of our devaluation report, attention swiftly turned towards the appraisal industry. Appraisers, as the professionals responsible for explicitly determining value, naturally became the focus of scrutiny. In 2019, one of the authors of this blog testified in Congress alongside representatives from the Appraisal Institute and the Appraisal Foundation, both organizations involved in certifying and regulating appraisal professionals. When Rep. Al Green of Texas posed the question to the panel about whether we believed "discrimination contributes to the devaluation of property in neighborhoods predominantly inhabited by minorities," I was the sole individual to raise my hand.

Since then, numerous news stories have surfaced that show the intrinsic value of whiteness expressed in biased appraisals. In 2020, the New York Times reported on the Jacksonville, Fla. couple, Abena (who is Black) and Alex (who is white) Horton, who had their home appraised. They believed that the appraisal was too low. So, they got a second appraisal. However, during this second round, the couple staged the appraisal appointment so that Alex was present instead of Abena, while the couple had purposefully removed all signs of Abena and their biracial son. The second appraisal yielded a 40% higher value than the first appraisal.

In 2020 in Indianapolis, amid the pandemic, Carlette Duffy sensed that appraisals on her home in the Black-majority Flanner House Homes neighborhood, west of downtown Indianapolis, had come in too low. After removing pictures, books, and clothing—or scrubbing the Blackness from her home—and getting a white stand-in, her appraisal came in $134,000 higher. Numerous other stories have been published in places throughout the nation showing racial bias in appraisals.

While appraisals are certainly involved in lower home values, they are not the only actors influencing price. Lenders, real estate agent behavior, elected officials and public policies, biased labor markets, and other predatory housing practices also contribute to the problem of devaluation. Consequently, we need a suite of innovations based on people who are intimate with the issue. Innovators and advocates like Amy McCoy understand the depth of the problem and offer solutions that meet the demand.

Past and present exclusionary policies and practices like redlining, racial housing covenants, single-family zoning ordinances, and neighborhood-level price-comparison approaches to valuation impact today’s home values. Correcting housing markets will require initiatives that encourage inclusion rather than exclusion and seek restoration of the value extracted by racism. However, we will never value property correctly until housing markets are managed by professionals like Amy McCoy, who value all people, families, and communities.

AUTHOR’S NOTE

Equity and Shadows

The auditorium resonated with the murmur of an audience eagerly awaiting the next speaker. The walls seemed to breathe history, the whispers of countless stories from days gone by. I stood at the edge of the stage, lost in my thoughts, reflecting on my advocacy work. Work is driven by the deeply rooted issue of appraisal biases in communities of color. The recollection of last year's news report danced in my mind - tales of skewed valuations in my very own neighborhood.

Just two yards away stood the Secretary of Housing and Urban Development, Marcia Fudge, a beacon of hope in the fight against housing inequality. She began to recount her personal experience, "My own house, bigger and grander with a vast stretch of land, was valued lower than the one two doors down. And do you know what the difference was? The occupants of the house two doors down are white."

Such a stark discrepancy, right at the doorstep of the very person entrusted with leading the fight against housing inequality, epitomized the deeply ingrained problems in the system.

Yet, as the world spun on its axis and I immersed myself in these pressing matters, life behind the scenes unfolded in unexpected ways. A message buzzed in my pocket. One of my clients had taken a sudden and drastic decision. They terminated their listing agreement with me. The reason? An institutional buyer had dangled an offer before them - a whopping $100,000 below my listed price. And as if the sting of this undervaluation wasn’t enough, they flatly refused to pay a commission.

"My contract is with you, the seller," I wanted to shout into the void, "not some third-party buyer!"

Three years. For three years, I had been raising the flag, warning against this very pitfall. Entire communities were being stripped of their rightful equity. Homeownership was slipping like sand through their fingers.

As I mentally reeled from this new challenge, an article from the Georgia Institute of Technology came to mind. Its findings were a testament to my assertions. A meticulous study spanning nearly a decade had illuminated the disconcerting truths about housing in Atlanta. Major investors, like predators, preyed on minority neighborhoods, gobbling up undervalued homes. Their choices were cold and calculated, and their victims were predominantly Black families. The consequence? A loss of over $4 billion in home equity for these communities.

Brian An, the researcher behind this groundbreaking study, pointed out the manipulation of statistics by large firms. "They claim to own a mere 3% of total single-family housing in the U.S., arguing their insignificant impact on homeownership," Brian remarked. "But dive deeper, and you'll see their concentrated presence in certain neighborhoods, quashing dreams of homeownership."

As Fudge's speech drew to a close and the applause thundered around me, a chilling realization settled in my heart. The fight was far from over. With each step forward, shadows from the past and present sought to drag us back. But the power of knowledge, advocacy, and collective action would, I believe, pave the way to a more equitable future.

The resonance of the applause was short-lived. The din of the crowd mellowed into murmurs, the kind that follow after revelations are laid bare. I stepped back into the dim corridor, letting the gravity of the day's events wash over me. While the auditorium was a place of revelation and raw truth, the world outside still revolved around shadowy transactions, fast cash, and undervalued dreams.

A young proptech explorer, with a determined glint in his eye, approached me. "I heard about the client who pulled out," he began, not bothering with pleasantries, "Is it a common occurrence given the issues you highlighted today?"

Before I could respond, he continued, "Do you think this is just a mere coincidence or a part of a larger, more sinister strategy?"

I looked into his eyes, seeing a reflection of my own early days – fiery, passionate, and unyielding. "It's systemic," I replied. "Institutional investors have long played this game. The art of capitalizing on the undervalued properties in marginalized neighborhoods is not new. But what is alarming is the audacity, the boldness with which these transactions are happening now and being allowed."

Daniel, the young man, scribbled quickly. "What's the counter-strategy? How do you fight a force that seems omnipotent and everywhere?"

The question was not new, but it always weighed heavily. How do you bring light to a room that's been dark for so long?

"We educate," I began. "We raise awareness. We rely on data, like the study from Georgia Institute of Technology, to provide unassailable evidence. And above all, we forge alliances. Unity has strength that shadowy transactions cannot withstand."

As I spoke, I thought of my community, of the families with dreams of owning a slice of the world, a small corner they could call their own. These dreams were not just about brick and mortar. They were about legacy, heritage, and securing a future for the next generation.

Daniel nodded, his determination unwavering. "I want to help," he declared. "Let’s shed light on these practices; let’s expose the real faces behind these institutional buyers."

I couldn't help but smile at his enthusiasm. Here, in the face of adversity, was the future — undeterred and resolute. "Let’s do it," I agreed, "The story needs to be told."

INTRODUCTION

“Ours is not the struggle of one day, one week, or one year. Ours is not the struggle of one judicial appointment or presidential term. Ours is the struggle of a lifetime, or maybe even many lifetimes, and each one of us in every generation must do our part.”

– John Lewis

In the vast tapestry of human rights and social justice, one fundamental aspect often lies at the heart of a just society: fair housing. The concept of fair housing encompasses much more than bricks and mortar; it embodies the principles of equality, dignity, and opportunity for all individuals, regardless of their race, ethnicity, gender, or socioeconomic status. Understanding the significance and historical context of fair housing is essential in our collective journey toward a more inclusive and equitable society.

To fully grasp the imperative of fair housing, we must first set the stage by delving into the tumultuous chapters of slavery and the era of Jim Crow laws. The legacy of these dark periods in American history continues to cast a long shadow over our present-day struggles for justice. The injustices perpetrated against African Americans and other marginalized communities during this time laid the foundation for the necessity of fair housing legislation.

The 1968 Fair Housing Act emerged as a watershed moment in the fight against discrimination and segregation. Enacted in the wake of the civil rights movement, this landmark legislation aimed to dismantle the barriers that prevented marginalized groups from accessing safe, affordable, and quality housing. By outlawing housing discrimination based on race, color, religion, sex, or national origin, the Fair Housing Act sought to create a more level playing field and cultivate a society where every individual had an equal opportunity to secure a home of their choosing.

Understanding the significance of the Fair Housing Act requires recognizing the injustices it sought to rectify. It stands as a testament to the courage and perseverance of countless activists who tirelessly fought against the oppressive systems that were designed to confine and limit people based on their background. By challenging discriminatory practices and promoting equal opportunity, the Fair Housing Act represented a step forward on the path toward dismantling systemic racism and fostering a more inclusive society.

As we embark on this journey to explore the multifaceted dimensions of fair housing, it is essential to grasp its profound importance in shaping our collective future. It is not merely an abstract concept, but a tangible expression of our commitment to justice, equality, and the inherent worth of every individual. Through this exploration, we will unravel the complexities of fair housing, delve into its historical roots, and ultimately seek ways to advance its principles in our contemporary world.

Together, let us embark on this thought-provoking journey—a journey that illuminates the past challenges the present, and inspires a future where fair housing is not just an aspiration, but a lived reality for all through current law.

The United States Constitution: An Exploration of its Equality Principle

The United States Constitution, a seminal document in the annals of human rights, is lauded globally as a beacon of freedom and equality. Since its inception in 1787, the Constitution has come to represent the triumph of human dignity over tyranny, of equality over subjugation, and of the people's will over the dictatorial whim. It is universally hailed as a charter of freedom, a guarantor of equality, and an arbiter of justice. The million-dollar question is whether the Constitution truly provides an equitable platform for all. This essay aims to delve into the heart of the matter, exploring the Constitution's intricate balance between promise and performance.

The constitutional framework begins with an inspiring declaration, "We the People," signifying its commitment to the people's collective will, regardless of class, color, or creed. This proclamation forms the backbone of the Constitution's ethos, underscoring its commitment to a democratic, egalitarian society. However, as we journey through its articles and amendments, we encounter various dimensions of equality—political, economic, and social—and the question of how equitably these are dispensed becomes more complex.

On political equality, the Constitution unequivocally provides a framework for equal representation. Each citizen, regardless of socioeconomic background, possesses the right to vote and elect their representatives. The 15th, 19th, and 26th Amendments expanded this right, ensuring suffrage could not be denied on the grounds of race, sex, or age (for those 18 or older). In this dimension, the Constitution appears to have striven towards a more equitable society, rectifying earlier exclusions.

Economic equality, on the other hand, is a more convoluted arena. The Constitution implicitly promotes economic equality by empowering Congress to regulate commerce, levy taxes, and provide for the common defense and general welfare. Yet, it does not directly address wealth disparities, and the capitalist system it upholds has led to considerable inequality. This economic stratification challenges the Constitution's promise of equality, forcing us to question whether it indeed facilitates equal opportunity.

Social equality is perhaps the most contentious domain. It wasn't until the 14th Amendment, nearly a century after the Constitution's ratification, that a broader scope of social equality—extending to all races—was legally codified. Added in 1868, the amendment addresses several important aspects of civil rights and citizenship, including defining citizenship, due process, and equal protection under the law. It was a direct response to the aftermath of the Civil War, designed to protect the rights of newly freed slaves and ensure equal treatment for all citizens.

The subsequent struggle for civil rights, further entrenched through the 1964 Civil Rights Act, showcases a palpable disconnect between the Constitution's egalitarian principles and their execution in the social sphere. This disjunction has sparked critical debates about the Constitution's effectiveness in promoting social equality.

The United States Constitution, therefore, while projecting an image of equality, manifests it unevenly across different societal dimensions. Its language and spirit embody the ethos of equality, a concept deep-rooted in American identity. Its commitment to political equality is significant and mostly actualized. Yet, it treads more ambiguously in the realms of economic and social equality, where its promise often outpaces its performance.

In conclusion, it is essential to view the Constitution not as a static document, but as a living one, continually evolving through amendments and interpretations. Its strengths lie in its adaptability, its capacity to rectify past wrongs, and its potential to mold itself in accordance with the changing tenets of societal justice. It is within this framework of dynamic evolution that the Constitution's true promise of equality must be understood. While the Constitution may not be equal to all at every point in history, it carries the potential to be. It is this ceaseless striving towards the ideal of equality that underscores the Constitution's enduring relevance and its promise to the American people.

1

THE LEGACY OF SLAVERY AND JIM CROW

The echoes of history reverberate through the present, shaping the inequalities and injustices that persist within our society. Nowhere is this more evident than in the realm of housing, where the legacy of slavery and the era of Jim Crow laws have left an indelible mark.

In this chapter, we will embark on a journey to understand how centuries of racial oppression have deeply impacted housing inequality, examining the systemic barriers that limited housing options for minority communities. We will delve into the historical context of housing segregation and redlining, shedding light on the policies that perpetuated racial divisions and their lasting impact on communities today.

The Lingering Effects of Slavery: Examining Centuries of Racial Oppression

The haunting specter of slavery casts a long, indelible shadow over the tapestry of American history, leaving in its wake an enduring testament to racial disparity. As we delve deeper into this historical period, we uncover the profound influences of this dehumanizing institution on the persistent issue of housing inequality. The journey traces its roots back to the chilling days of slavery when African Americans were ruthlessly deprived of property rights and the ability to create homes. This exploration will unravel the far-reaching economic and social aftermath of this inhumane system, illuminating the deeply ingrained origins of current housing disparities that plague our society.

In her seminal work, "The History of White People1,” the distinguished historian Nell Irvin Painter embarks on an incisive exploration into the intricate maze of history and sociology that birthed the concept of "whiteness." Through her vivid narrative, she illustrates the complex metamorphosis of the term "white" over centuries, a term that has continually morphed, diversified, and cemented its place in our societal lexicon. Her book makes for a compelling read, and I wholeheartedly recommend it.

Painter commences her historical voyage in the era of antiquity, unearthing the initial perceptions of "whiteness" within the confines of Greek and Roman racial distinctions, which were primarily influenced by culture and geography rather than complexion. As the narrative shifts into the early modern period, we witness the transformation of "whiteness" as it started to wear the hues of race, spurred by the advent of the trans-Atlantic slave trade and colonization.