Pittsburgh Mayor Ed Gainey is vowing to fight housing discrimination in the city, even as President Donald Trump rolls back such protections.
Gainey on Friday signed two executive orders meant to ensure everyone has equal access to housing, regardless of race, gender, religion, sexual orientation or whether the government helps pay their rent.
“Housing rights are under attack by President Trump and his allies,” Gainey said during a press conference in the City-County Building.
Gainey’s actions comes after Trump has repeatedly targeted a provision of the Federal Fair Housing Act called Affirmatively Furthering Fair Housing, or AFFH.
The rule, enacted under President Barack Obama, required cities that receive federal funding work to end segregation and expand housing choices for protected classes of people.
Trump eliminated the rule during his first term.
In a 2020 social media post, he wrote, “I am happy to inform all of the people living their Suburban Lifestyle Dream that you will no longer be bothered or financially hurt by having low income housing built in your neighborhood… Your housing prices will go up based on the market, and crime will go down. I have rescinded the Obama-Biden AFFH Rule. Enjoy!”
President Joe Biden reinstated the rule when he took office, only for Trump to again overturn it.
U.S. Department of Housing and Urban Development Secretary Scott Turner in a press release last month said the regulations amounted to a “zoning tax” that increased the cost and decreased the supply of affordable housing.
“By terminating the AFFH rule, localities will no longer be required to complete onerous paperwork and drain their budgets to comply with the extreme and restrictive demands made up by the federal government,” Turner wrote.
Gainey ridiculed the change.
“Make no mistake, Pittsburgh, they’re trying to take away our civil rights,” Gainey said.
Trump’s revocation of the rule has worried LGBTQ people, said Kaiah Scott, program coordinator of QMNTY, a group which supports that community.
The protections the Trump administration eliminated had afforded housing protections to LGBTQ people.
“This is a scary moment in our country,” Scott said, calling Trump’s actions “nothing short of devastating.”
What the orders do
Gainey Friday sought to reassure Pittsburghers that protections at the city level will still be enforced — and even expanded — regardless of Trump’s actions.
The mayor signed an executive order to prohibit landlords and developers who accept funding from the city or its agencies from discriminating against low-income people who have subsidized housing vouchers, often called Housing Choice Vouchers or Section 8 vouchers.
The non-discrimination requirement will be included in all future contracts with housing providers accepting money from the city.
That includes those who get funds through the Urban Redevelopment Authority, said Jake Pawlak, director of the Office of Management and Budget.
Because it applies only to housing providers who accept public funding, Pawlak said, officials believe it will be enforceable. A law the city passed in 2015 that would’ve barred anyone from discriminating against voucher holders was struck down by the Pennsylvania Supreme Court.
Violators will see their funding revoked, Pawlak said.
Pawlak said the city’s law department is analyzing whether the rule also could apply to developers who get tax breaks or purchase land from the city below market rate.
A separate order Gainey signed Friday will require housing providers receiving city funding to sign an agreement acknowledging they will abide by Pittsburgh’s existing anti-discrimination rules.
The city’s Commission on Human Relations already has power to enforce those regulations, but Pawlak said officials want to ensure developers and landlords recognize up front that those rules still apply even if federal regulations are scaled back.
Pawlak said some developers may be more familiar with the federal regulations. The goal of the executive order, he said, is to make sure they know about the city’s non-discrimination rules and understand the city can enforce them regardless of what the federal government does.
The commission last year took on 22 new housing discrimination cases, said Rachel Shepherd, the agency’s executive director.
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Of those, 14 ended with a settlement, four are currently in the courts and the rest were deemed to “lack probable cause,” meaning the commission didn’t find enough evidence of discrimination to move ahead with the case.
No questions
Both executive orders will go into effect in 30 days. They will apply only to new city contracts, though the city may also implement such requirements on agreements that are amended after the new regulations take effect.
Gainey did not take questions during the Friday press conference where he signed the orders.
Olga George, a Gainey spokeswoman, told TribLive the mayor was unable to discuss details of the orders he had just signed.
The city over the last three years has provided funding for 1,414 housing units, including for-sale and rentals, Pawlak said. He anticipates the city will continue funding housing at a similar pace.
“We’re monitoring as closely as we can emerging developments in D.C. and looking at what we can do to make sure we step up as the federal (government) rolls back,” he said.