City Council - Civil Rights, Racial Equity, and Immigrant Advancement Committee Hearing on Docket #1339

Chair Miniard Culpepper called the hearing to order at 10:02 AM. The hearing addressed Docket #1339, an order regarding housing voucher discrimination and fair housing civil rights enforcement.

• Sponsors: Councilors Miniard Culpepper and Brian Worrell.
• Key Context: Chair Culpepper cited the Suffolk University Law School report, Qualified Renters Need Not Apply, which documented:
  1. Voucher discrimination in 80% of tests.
  2. Race-based discrimination in 71% of tests.
  3. White market-rate renters viewed apartments 80% of the time, compared to 48% for Black market-rate renters.
  4. For voucher holders, viewing rates dropped to 12% for white holders and 18% for Black holders.
• Budget Action: The City secured $100,000 in the FY27 budget to continue the fair housing testing program.

Jillian Lenson, Senior Attorney at LCR, testified via Zoom regarding the pervasiveness of voucher discrimination.

• Legal Action: LCR filed a lawsuit in 2024 against over 20 Boston-area landlords and real estate brokers for explicit voucher discrimination. Though the case was dismissed on a procedural motion, LCR continues to seek enforcement avenues.
• Recommendations:
  1. Prioritize training and public education for housing providers.
  2. Increase penalties for real estate providers who discriminate.
  3. Implement 'fast-acting enforcement' to protect time-limited subsidies.
  4. Create a 'strike force' of advocates to quickly place tenants facing discrimination.

Chief of Equity and Inclusion, Chief Severa, and investigators from the Office of Fair Housing and Equity (OFHE) provided updates on city-level enforcement.

• Complaint Statistics: Since July 1, 2020, the OFHE has handled 412 complaints.
• Staffing: The city is in the process of hiring a new Executive Director for Fair Housing and a Director of Investigations.
• Investigation Process: Investigator Julio explained that as a Fair Housing Assistance Program (FAP) contracted with HUD, the goal is to issue findings within 100 days.
• Outcomes: Most cases settle through conciliation or mediation. If probable cause is found, cases can move to an administrative hearing before the Boston Fair Housing Commission or to civil action via the Attorney General's Office.

Virginia Albert, Assistant Director of Civil Rights for the BHA, discussed the authority's role in protecting the 16,000 voucher households in its portfolio.

• Referral Protocol: BHA refers voucher discrimination complaints against private landlords to the OFHE, as BHA lacks jurisdiction to investigate private owners.
• Support Mechanisms: BHA provides voucher extensions for residents experiencing documented discrimination.
• ECHO Program: The Expanding Choice and Housing Opportunity (ECHO) program conducts workshops for landlords to reduce the stigma associated with vouchers.

Experts from Suffolk University Law School's Center for Housing Justice and Policy (CHJP) and the Boston Foundation presented findings from recent testing cycles.

• Paired Testing Results: Kelly Vieira (Suffolk) reported on 100 tests conducted between 2020-2022. Findings included 'ghosting' of voucher holders and racial bias where white testers were offered incentives (e.g., free parking, rent specials totaling $4,440) that were withheld from Black testers with identical financial profiles.
• Legal Advocacy: Ashley Grant (CHJP) highlighted that federal HUD funding cannot be used for voucher discrimination enforcement, making city and state funding 'foundational' for this work.
• Funding Crisis: Panelists noted that the Commonwealth recently ended funding for the Fair Housing Alliance of Massachusetts, threatening future enforcement efforts.

Andrew Espinoza, Deputy Chief of Investigations at the Massachusetts Commission Against Discrimination (MCAD), provided state-wide context.

• MCAD Data (FY26):
  • Total Fair Housing Claims: 655.
  • Public Assistance (Voucher) Claims: 70 (4th most common claim type).
  • 30% of all state-wide public assistance claims originated in Boston.
• Legislative Action: Sonia Gupta (Boston Foundation) spoke in support of Senate Bill S-2947, which would mandate fair housing training for real estate professionals and allow the Boston Fair Housing Commission to refer cases for license suspension.

Chair Culpepper concluded the hearing by proposing a coordinated effort between the Council, MCAD, and Suffolk Law to host community education events. He emphasized that the city must move beyond acknowledging discrimination to holding bad actors accountable.

• Action Item: Chair Culpepper requested data from MCAD on the specific outcomes (hearings vs. settlements) of the 655 claims filed in FY26.
• Adjournment: The hearing on Docket #1339 was adjourned.