Desvinculado y Desigual = Separate and Unequal

"Plessy marker" by Skywriter - Own work. Licensed under CC BY-SA 3.0 via Wikimedia Commons - https://commons.wikimedia.org/wiki/File:Plessy_marker.jpg#/media/File:Plessy_marker.jpg

Justin Steil, Jorge De la Roca and Ingrid Gould Ellen, researchers affiliated to the NYU Furman Center, have published Desvinculado y Desigual [Separate and Unequal]: Is Segregation Harmful to Latinos? The authors find that their research on this topic “suggests that segregation may have as negative effects for Latinos as it does for African Americans and that persistent Latino-white segregation is of serious concern as the nation’s metropolitan areas continue to become more diverse.” (74)

More specifically, their research finds that

segregation continues to be associated with significant reductions in educational attainment and labor market success for African Americans, and that the associations between segregation and outcomes for Latinos are at least as large as those for African Americans. For native-born African American and Latino young adults between the ages of 20 and 30, increases in metropolitan-area segregation are associated with significant reductions in the likelihood of high school and college graduation, with lower earnings and employment rates, and with an increase in single motherhood.

These findings are somewhat unanticipated given the long history of intense black-white segregation and the systematic disinvestment in black neighborhoods through much of the last century, when compared to the historically more moderate levels of Latino-white segregation. These findings raise the question of which mechanisms may be at play to generate these differences.

One crucial mechanism seems to be the levels of neighborhood human capital to which whites, Latinos, and African Americans are exposed; they are consistent with the negative associations for both blacks and Latinos and with the differences in the magnitude of the association between them. The white-Latino gap in neighborhood exposure to human capital increases dramatically as levels of segregation increase.

The significance of neighborhood levels of human capital is consistent with existing research on the effects of segregation for African Americans and for immigrants. (73, citations omitted)

This is an understudied and important topic, so it is great that the authors have begun to explore it. They identify a number of research questions that others can take up. Let’s hope some do.

Seeking Justice Through Litigation

AbandonedHouseDelray

Judge Caproni (SDNY) issued an Opinion and Order in Adkins v. Morgan Stanley, No. 12-CV-7667 (May 14, 2015). It opens,

This is one of many cases arising out of the collapse of the housing market. This one comes with a twist: homeowners in Detroit who received subprime loans seek to hold a single investment bank responsible under the Fair Housing Act (“FHA”) for discriminating against African-American borrowers, based on their claim that African-Americans were more likely than similarly-situated white borrowers to receive so-called “Combined-Risk loans.” Plaintiffs allege that Morgan Stanley so infected the market for residential mortgages — and for mortgages written by New Century Mortgage Company, a now defunct loan originator, in particular — that it bears responsibility for the disparate impact of New Century’s lending practices. Although Plaintiffs advance creative theories, their class action lawsuit founders on the requirements of Federal Rule of Civil Procedure 23. (1-2, footnote omitted)

Judge Caproni notes that she is “not unsympathetic to Plaintiff’s claims,” she concludes that this class action lawsuit is an inappropriate vehicle to rectify the wrong that Plaintiffs allege Morgan Stanley perpetrated.” (2) I am not an expert on the law of class actions, but the opinion does seem to identify a number of ways in which the proposed class is “unworkable.” (2)

We are now nearly ten years in from the start of the financial crisis and it seems like we can get a broad sense of whether justice has been served.  My instinct is that many people would say “No,” a resounding “No!”

At first glance that might seem odd, particularly to the shareholders and management of financial institutions who have paid tens of billions of dollars in fines and judgments. But there is a strong sense that those who have been harmed have not been able to get their day in court with those who did the harming. A case like this reveals the limitations of litigation as a means for seeking justice. Not every injustice is capable of being remedied in a court of law.

What does this tell us about preparing for the aftermath of the next crisis? How can laws be changed now to ensure that the right people and institutions are held accountable when it hits? While there are no easy answers to these questions, lawmakers should consider whether the scope of organizational liability is properly defined, whether agents of organizations are properly held accountable and whether organizations working in tandem with each other can be properly held accountable for the harms that they cause collectively. Easier said than done, I know, but still worth the effort.

Cool Mortgage Tool

The Urban Institute has created a cool interactive tool to map mortgages in the United States. Enterprise describes the tool as follows: it

maps 12 years of data on more than 100 million mortgage originations throughout the U.S. by race and ethnicity, illustrating how the housing boom and bust affected borrowers of different backgrounds by metropolitan area. According to the data, not only were African-American and Hispanic communities particularly damaged by the housing bust, but they have also been the least likely to recover since the recession. The map also shows how geographically uneven the housing recovery has been. For instance, while mortgage originations have only decreased 18 percent in San Francisco and San Jose since 2005, they have fallen by 39 percent in Detroit.

The Urban Institute argues that

For a full mortgage market recovery, we need to expand the credit box again. A number of reforms can be undertaken to encourage lending to creditworthy borrowers who would have qualified before the housing boom. A return to 2005 and 2006 lending practices would be ill-fated, but the pendulum has unquestionably swung too far. Today’s tight standards have locked out many prospective borrowers from homeownership, disproportionately preventing African American and Hispanic families from building wealth and benefiting from the recovery.

There is a growing outcry to loosen credit. It is important that those calling for that loosening also support reforms that ensure that new credit is sustainable credit.  The last thing that people need is a mortgage that has a high likelihood of ending up in default. The Urban Institute acknowledges this point, but it can get lost in the political fight over the future of housing finance.

Policy folk also need to better understand how homeownership helps households build wealth, particularly given the rapid changes in the mortgage market. If households can readily access the equity in their homes through home equity loans, homeownership’s wealth-building function becomes more of a consumption spreading one.  That is, if homeowners access equity in the present in order to supplement current income, they will not be building wealth over the long term.

The robust Consumer Financial Protection Bureau should protect consumers from predatory attempts to get them to refinance, but people may not protect their future selves from their current desires. This may just be the way it goes, but we should not make claims about wealth building until we know more about how homeownership in the 21st century actually promotes it.