Workforce Housing and Housing Preference Policies Under the Fair Housing Act

Authors

Jeffrey D. Jones, Lewis & Clark College

First Page

1413

Abstract

The workforce housing movement grew out of two urgent realities. First, the lack of affordable housing near where workers are employed has a substantial impact on local economies and local business. Second, the lack of affordable housing near where workers live undermines the twin goals of inclusive com- munities and reversing historical patterns of segregation. The latter remains a primary obstacle to equality of opportunity throughout the United States. There is no one definition of “workforce housing.” The leading definition of workforce housing is provided by the influential Urban Land Institute (ULI). The ULI defines workforce housing as housing that is affordable to households earning 60%–120% of the area median income. This Article examines work- force housing under the federal Fair Housing Act (FHA) and Oregon fair housing law. Section II details the need for affordable housing. Section III explains how housing preference policies can run afoul of the FHA and Oregon law. Section IV summarizes the relatively sparse FHA case law on housing preference policies and the lessons that can be learned from it. Section V ex- plains how demographics present challenges to housing preference policies. The Conclusion offers guidance for housing providers interested in workforce hous- ing or other housing preference policies.

Recommended Citation

Jeffrey D. Jones, Workforce Housing and Housing Preference Policies Under the Fair Housing Act, 24 Lewis & Clark L. Rev. 1413 (2020).
Available at: https://lawcommons.lclark.edu/lclr/vol24/iss4/7