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The Reels brothers grew up on waterfront land that their great-grandfather bought one generation after slavery. Their family has lived there for more than a century. But because it was passed down without a will, it became heirs’ property, a form of ownership in which descendants inherit an interest, like holding stock in a company. Without a clear title, these landowners are vulnerable to laws that allow speculators and developers to acquire their property. One attorney called heirs’ property “the worst problem you never heard of.” The U.S. Department of Agriculture has recognized it as “the leading cause of Black involuntary land loss.”
What can heirs’ property owners do to protect their land?
Plan for the future.Write a will or prepare a transfer on death deed to help pass a clear title to the next generation.
Pay your property taxes. Visit your tax assessor’s office and make sure that your taxes are paid and that the address of the person responsible for coordinating bills is up to date.
Write a family tree. Find out the names on the deed for your land and lay out each generation of heirs that has followed. You can use legal documents from the county, like birth certificates and marriage licenses, as well as family letters, obituaries, information from genealogy websites and records from family reunions.
Create a paper trail to prove your ownership. If you inherited your property without a will or formal estate proceedings, many states allow for an affidavit of heirship to be filed in the property records to establish your ownership. The rules of when and how an affidavit can be filed vary by state.
Consolidate the ownership. Consider asking other heirs if they would be willing to transfer their interest in the property to those with the closest ties to the land. In many states, this can be done through a gift deed.
Manage the co-ownership. Talk to a lawyer you trust about your options, like creating a family LLC or land trust.
Track your expenses. If you pay for expenses on the property, like improvements to the homes or taxes, keep track of them. If a partition sale is started, you may be able to receive a larger share of the proceeds.
What laws affect heirs’ property owners?
Fourteen states have passed the Uniform Partition of Heirs Property Act, which expands heirs’ rights in partition actions and can help heirs’ property owners gain access to Department of Agriculture programs. States where this has not passed include North Carolina, Mississippi, Florida, Louisiana and Tennessee.
The 2018 Farm Bill created a lending program that, if funded by Congress, would support local organizations providing legal assistance to heirs’ property owners.
About half of the states have Transfer on Death Deed statutes, which allow families to file a simple deed that automatically transfers title to real property upon the owner’s death, without having to go through probate court. The Uniform Real Property Transfer on Death Act has been presented as a model for how such statutes can be written.
What do advocates see as the next steps in helping heirs’ property owners?
Advocates have supported a number of possible legislative initiatives, including:
Funding to support an increase in the number of legal aid lawyers who help families clear title and make estate plans, and to support local legal education on maintaining clear title.
Legislation that creates an easier route for heirs’ property owners to access FEMA and home repair programs by allowing for heirship affidavits, a simpler, less costly process than clearing a title through the courts.
Legislation that creates alternatives to the formal administration of estates when a homeowner dies without a will.
Legislation that allows heirs’ property owners to access exemptions from property taxes that are available to other homeowners.
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HARTFORD, Conn. — On a sweltering Saturday afternoon last June, Crystal Carter took a deep breath as she walked toward the red “for rent” sign.
Shaded by tall oak trees, the three-story duplex looked cozy. The first floor siding was painted yellow, with white railings leading to the front door. The windows appeared new, the lawn freshly cut.
Although the property was in Barry Square, on the edge of a struggling area in southern Hartford, the family outside buoyed Carter’s spirits. Four children giggled in a recliner in the front yard, singing along to the radio while their father packed a moving truck. Across the street were Trinity College’s dignified brick pillars, the entry to the elite school’s 100-acre campus.
Carter tried to tamp down her excitement, but this looked like the kind of place the 48-year-old single mother so desperately wanted for her five kids: no mouse traps, no chipped paint trying to camouflage mold.
He put down a crate and offered her a tour of the first-floor, four-bedroom unit. Inside, she marveled at the modern kitchen, finished hardwood floors and large closets.
“This is a lot of space. When are you putting this on the market?” she asked.
“It’s ready, if you want to do the application,” he told her. Rent was $1,500 a month.
“I’ll be paying with a Section 8 voucher,” she said.
“Yeah,” the man shot back. “I don’t do Section 8.”
Officially called Housing Choice Vouchers, Section 8 rent subsidies were supposed to help low-income people find decent housing outside poor communities. But, for the better part of a year, Carter had found the opposite. This was easily the 50th place she had toured since her landlord sold her last apartment and evicted her. Nearly all of them were in poor areas. They had holes in the wall, uncovered electrical outlets, even roaches and mice. When she hit upon something clean, she learned not to ask too many questions. She complimented the landlord, talked about her children and emphasized that she didn’t smoke. None of it seemed to matter, though, once she uttered two words: Section 8.
Now, as Carter showed herself out of the first-floor rental, she felt panic welling within. “There really are no doors open for people that have a voucher,” she said afterward. “It makes you feel ashamed to even have one.” Typically, vouchers come with a time limit to find housing, and Carter had already won three extensions. She wasn’t sure she’d get another.
She had just 40 days left to find a place to live.
As the federal government retreated from building new public housing in the 1970s, it envisioned Section 8 vouchers as a more efficient way of subsidizing housing for the poor in the private market. They now constitute the largest rental assistance program in the country, providing almost $23 billion in aid each year to 2.2 million households. Local housing authorities administer the program with an annual budget from Washington and are given wide latitude on how many vouchers they hand out and how much each is worth. The bulk of the vouchers are reserved for families who make 30% or less of an area’s median income. That is $30,300 or less for a family of four in Hartford.
For years, researchers and policymakers have lamented the program’s failure to achieve one of its key goals: giving families a chance at living in safer communities with better schools. Low-income people across the country struggle to use their vouchers outside of high-poverty neighborhoods.
In Connecticut, the problem is especially acute. An analysis of federal voucher data by The Connecticut Mirror and ProPublica found that 55% of the state’s nearly 35,000 voucher holders live in neighborhoods with concentrated poverty. That’s higher than the national average of 49% and the rates in 43 other states.
The segregation results, at least in part, from exclusionary zoning requirements that local officials have long used to block or limit affordable housing in prosperous areas. As the Mirror and ProPublica reported in November, state authorities have done little to challenge those practices, instead steering taxpayer money to build more subsidized developments in struggling communities.
Dozens of voucher holders in Connecticut say this concentration has left them with few housing options. Local housing authorities often provide a blue booklet of Section 8-friendly properties, but many of the ones listed are complexes that have a reputation for being rundown and are in struggling communities or have long waitlists. Many recipients call it the “Black Book” because “you are going to the dark side, for real. The apartments in that black book are nasty and disgusting,” said Janieka Lewis, a Hartford resident whose home is infested with mice.
Josh Serrano also lives in one of the state’s poorest neighborhoods. After landing a voucher in 2018, he tried to find a place in the middle-class town of West Hartford, where his son lives part time with his mother. He also looked in nearby Manchester and Simsbury. At each stop, the rent was higher than his voucher’s value or the landlord wouldn’t take a voucher.
“There is an invisible wall surrounding Hartford for those of us who are poor and particularly have black or brown skin like myself,” he said. “No community wanted me and my son.”
Nearly 80% of the state’s voucher holders are black or Hispanic and half have children. Their average income is $17,200 a year and the average amount they pay in rent out of pocket is $413 a month.
The federal government has taken a mostly hands-off approach to ensuring the Section 8 program is working as it was originally intended. The U.S. Department of Housing and Urban Development typically leaves it up to each housing authority to determine how much a voucher is worth, which essentially determines the type of neighborhood a voucher holder can afford. And when HUD assesses the work of housing authorities — to decide whether to increase federal oversight — only a tiny fraction is based on whether local officials are “expanding housing opportunities … outside areas of poverty or minority concentration.” (And even at that, nearly all housing authorities receive full credit.)
Moreover, federal law does not make it illegal for a landlord to turn down a prospective tenant if they plan to pay with a voucher, so HUD does not investigate complaints of landlords who won’t accept Section 8 vouchers.
Connecticut goes further. It is one of 14 states where it’s illegal to deny someone housing because they plan to use a Section 8 voucher. And the state allocated more than $820,000 in the last fiscal year to help pay for 10 investigators to look into complaints of all types of housing discrimination and provide legal assistance. “There has been an effort to try to change” housing segregation, said Seila Mosquera-Bruno, the commissioner of the Connecticut Department of Housing.
But those efforts have done little to prevent landlords from continuing to reject voucher holders. The groups charged with investigating housing complaints say they lack the resources to be proactive and believe they are only seeing a fraction of what’s really going on.
“Housing providers keep coming up with ways to rent to who they want to rent and find ways around housing discrimination laws,” said Erin Kemple, executive director of the Connecticut Fair Housing Center, which investigates complaints. “There is a lot more discrimination going on than what we are investigating.”
In 2018, fewer than 75 complaints were made that accused the landlord or owner of refusing to accept a voucher or some other legal source of income, such as Social Security. The Connecticut Fair Housing Center said that figure isn’t low because discrimination is scarce but rather because prospective tenants are fearful that complaining could hurt them and know that it will do nothing to help them with their immediate needs; investigations can take longer than the time they have to find a house with their vouchers.
“In order to make it a real priority and address the real effects of discrimination in society, the government should dedicate more resources to ferreting it out,” said Greg Kirschner, the group’s legal director.
A Hartford native, Carter reluctantly moved back to her hometown in 2011 to escape an abusive relationship. She had delayed relocating, she said, because she worried she’d be taking her children from a quiet neighborhood in Florida to a “war zone” in Connecticut.
“They not from the streets. Their heart is trying to be goofy-cool,” she said of her three sons, now 10, 17 and 18, and two daughters, ages 13 and 14. “They don’t have that fight in them. I do.” (Worried about her children’s privacy, Carter asked that they not be named in this story.)
The Democratic Party’s establishment is in denial about the ways in which concentrated riches are warping society and contributing to the disunity it seeks to heal.
” . . . Just as the 2008 recession ushered in the election of the first black president, a subsequent white backlash, and a rebirth of left-wing populism led by figures such as Warren and Sanders, the economic hardships of the late 1870s inspired both worker activism and racist retrenchment. In times of economic hardship, it was not a difficult matter to discredit Reconstruction as an attempt to raise ignorant black laborers above white men who were entrepreneurial, responsible, and refined. Nor was it difficult to justify government intervention on behalf of Big Business while condemning such intervention on behalf of workers. The rich, after all, had earned it, or they wouldn’t be rich.
Foner documents how former antislavery figures such as Horace White of the Chicago Tribune “condemned agrarian and labor organizations for initiating ‘a communistic war upon vested rights and property,’ and insisted that universal suffrage had ‘cheapened the ballot’ by throwing political power into the hands of those influenced by the ‘harangues of demagogues.’” Antislavery publications such as The Nation “linked the Northern poor and Southern freedmen as members of a dangerous new ‘proletariat’ as different ‘from the population by which the Republic was founded, as if they belonged to a foreign nation.’” With Reconstruction ended, capital took advantage of the stability of its aftermath to expand convict leasing, a new regime of forced labor that white southerners would impose to replace slavery and keep the region’s black labor force captive and subordinate. Big industries—lumber, railroads, mining, and others—would take eager advantage of this system of neo-slavery to boost their profit margins.
The end of Reconstruction coincided with the Republican retreat from civil rights. But that retreat was precipitated by deep-seated fears over workers in the North and South seeking labor reform, income redistribution, and regulation of industry. “The South sensed the willingness of Big Business, threatened by liberal revolt, labor upheaval and state interference, to make new alliance with organized Southern capital if assured that the tariff, banks and national debt, and above all, the new freedom of corporations, would not be subjected to mass attack,” wrote W. E. B. Du Bois in Black Reconstruction in America. “Such a double bargain was more than agreeable to Southern leaders.” Racism not only threatens democracy and prosperity; it accrues tremendous benefits for those already leading lives of plenty.
America’s political parties are now as polarized as they were at the end of Reconstruction. And just as at the end of Reconstruction, a multiracial party whose ranks include both frustrated workers and wealthy capitalists finds itself at a crossroads, with no certain options for healing the nation’s divides or its own. As ever, America’s gilded class regards the possibility of higher taxes and redistribution as a greater threat than a resurgent racist authoritarianism that imperils America’s still-young experiment in multiracial democracy. The latter, after all, does not jeopardize its profits.
Into this divide steps Patrick, a man who went from poverty on Chicago’s South Side to the heights of both business and politics, practically an avatar of the old free-labor ideal that animated the 19th-century Republican Party, an ideal whose blindness to how concentrations of wealth warp politics and society leaves it ill-equipped to deal with the threats to democracy and prosperity America currently faces. The paradox for Democrats is that the candidates who understand this appear less likely to prevail in the general election, and those who have yet to grasp it may be better positioned to unseat the president.
In Polarized America, Nolan McCarty, Keith Poole, and Howard Rosenthal argue that economic inequality and polarization reinforce each other. Economic suffering and ideology foment anger toward minorities, who are blamed for that economic suffering. The very wealthy exploit those divisions to sustain their streams of income, which in turn makes it less likely that redistributive legislation addressing that economic suffering can be passed . . .”
It is a shock to many that about 1 million Black landowners in the South of America have lost 12 million acres of farmland in the last 100 years. Even as we write this, we are shocked beyond reactions as to how a system can frustrate a people over the span of a century, without any plan to let go.
The loss of farmland of Black landowners started around the 1950s and has lasted to date. According to reports from The Atlantic, the black families which have lost their farms were victims of a war that is waged by the “deed of title” system which is said to be promoted by white racism/supremacy and local white power.
In our bid to dig into history to find the causes for Black poverty, economic and social decline, we find that Black people in America have suffered social injustice so much that it will take hard work (unity and power) for Black communities to rival white communities and businesses which are fed with finances of white privilege in America.
Our findings show that 98% of black farm owners in America have been dispossessed of their land. This is a direct indication of the systemic prejudice, and racial injustice perpetrated against the people of African descent in America.
History holds it that the vegetative and arable farmlands in the South of America, especially those along the Mississippi River, was forcefully taken from Native Americans, by the first Europeans who came to America. These Europeans would later venture into the enslavement of Africans for the cultivation of those lands. The Africans would later become owners of some of those lands after the abolishment of slavery and their emancipation.
A report by the U.S Department of Agriculture says that from the year 1900 till 1910, that there were 25,000 black farm operators. This figure increased by 20% in the space of those ten years. The report from ‘The Atlantic’ which we draw our information from, states clearly that the research was carried out on black farmland in the Mississippi area. The lands in question were found to be 2.2 million acres as of 1910. This number was about 14% of the total lands owned by Black people in America.
How Black People Lost Their Lands – The Plots And Twits
What was later realized about how Black people lost their lands was that it was somewhat a well thought out plan, and it was well executed over a long span of years. Some others would say that it was a collection of racist events that drove the wheel of white supremacy in one direction. Through legal, violent, and coercive means, the farmlands which were legally owned by people of African descent in America were transferred to white people. They started the land grab and transfer by aggregating them into large holdings, then aggregated them again, before attracting the profit-seeking eyes of ‘Wall Street.‘
The operation started with New Deal agencies in 19937. These agencies were federal agencies with white administrators, who were exceptionally targeting Black people. They denied Black landowners’ loans, and in turn channeling the sharecropping jobs to white people majorly. These agencies were systematically made to be in charge of the prices, investors, and regulation of the agricultural economy in America. This led to the failure of small farms and gave way for the rise of huge industrial mega-farms, which were formerly large plantations. The mega-farms and their new owners were then given the power to dictate and influence the policies of the agricultural sector.
The Black landowners suffered numerous illegal pressures through USDA loan programs. The USDA loan was originally designed to give rural people in America, an opportunity to take loan with zero down payment. It also offers low-interest-rate on the down payments.
Instead of these loans to be given proportionately to Black and white farmers, it was not. More white people got loans thereby frustrating the Black landowners and caused an enormous wealth transfer just after the 1950s. In a space of 19 years, black farmers had lost about 6 million acres of land by 1969. The effects were catastrophic on Black wealth. This saw a failure of half a million Black-owned farms across America. The cotton farms that were owned by Black farmers were almost non-existent at that point.
‘The Atlantic’ puts the loss of black farmers in Mississippi, to be around 800,000 acres, amounting to $3.7 billion (in today’s dollars), between 1950 and 1964.
Inside the “Most Incarcerated” Zip Code in the Country 53206, a heavily African American neighborhood north of downtown Milwaukee, suffers from all manner of ills—not least of which are the myths of criminality that continue to surround it.
Robinson’s family came to Milwaukee from Chicago in the 1980s because, as Robinson put it, “Chicago was getting out of pocket.” With crime rising and jobs disappearing in the Windy City, she told me, “my mom wanted a better place for us to live.” But Robinson’s mother could never have anticipated the crucibles awaiting her daughter in Wisconsin—the array of social and political deficits associated with the five numbers that came at the end of her listed address: 53206, now notoriously known as the most incarcerated zip code in the country.
The neighborhood’s rectangular outline sits like a brick just north of the Fiserv Forum, home of the NBA’s Milwaukee Bucks in downtown Milwaukee, where the 2020 Democratic National Convention will be held next summer. In addition to its high incarceration rates, 53206, a heavily African American district, suffers from every manner of social ill, from socioeconomic stagnation to poor health. The Democratic primary field is teeming with proposals to address these ingrained injustices, and the party’s eventual candidate will also have a personal incentive to pay attention to what is happening in 53206: Its residents, among others in Milwaukee, may well prove to be the key to Democrats’ hopes of winning the battleground state of Wisconsin and unseating Donald Trump in the presidential election.
As long as those residents can gain access to the ballot, that is.African Americans represent nearly 40 percent of Milwaukee’s population, but their political clout has been diminished by laws that suppress the black vote. There is also the problem of African Americans choosing not to vote: Black turnout in Wisconsin dropped nearly 19 percent between the 2012 to the 2016 elections—a clear sign that, despite their historic need to mobilize black voters, Democrats haven’t been meeting the challenge especially well of late.
Capitalism twists our God-given love for neighbor and world into a force of estrangement, and it transforms our God-given desire to work into forms of exploitation.
McCarraher contends that this whole story is disastrously misguided; it keeps us from seeing how capitalism functions, and why it continues to exert so much appeal. Disenchantment, he argues, never happened. Our world is still soaked with meaning, just as it was in the Middle Ages. We are not abandoned to a universe of moral relativism and nihilism, because capitalism and its prophets have offered an astonishingly stable set of alternatives. “Capitalism,” McCarraher insists, “is a love story.” What he means is that the market translates the poetry of our desire into the prose of institutions and exchange. (And isn’t this the structure of any love story, or at least those ending in marriage?) Our world, in other words, is just as “enchanted” as the one of our medieval forebears: the human frame is such that it could not survive otherwise. Capitalism offers us community, faith, ritual, nature worship, and everything else that we imagine in the enchanted worldview of the past.
The trouble is that it is black magic. It twists our God-given love for neighbor and world into a force of estrangement, and it transforms our God-given desire to work into forms of exploitation. The problem with capitalism isn’t that it lacks values, but that it values the wrong things. If McCarraher is right, the salvation we seek will not come through technological breakthroughs or even the creation of new political coalitions. The first order of business, he thinks, is to learn how to love again, and to love better.
“The takeaway is that we have a history that so many Chicagoans are really not aware of that has really shaped the city and shaped the racial politics of the city. It shaped the economy of the city. In order to move forward and address issues that confront us in terms of poverty and racial discrimination, we have to have a common understanding of what happened in the past,” said Duke University’s Bruce Orenstein, the study’s project director who is doing a documentary series on Chicago’s housing segregation.That past has roots 100 years ago with white people not understanding that they created black ghettos, he said.”
INCREASING PUBLIC POWER TO INCREASE COMPETITION: A FOUNDATION FOR AN INCLUSIVE ECONOMY
ISSUE BRIEF BY WILLIAM DARITY JR., DARRICK HAMILTON, AND RAKEEN MABUD
The United States needs an economy grounded in justice and morality, where everyone, free of undue resource constraints, can prosper. To achieve this, citizens ought to have universal access to undeniable economic rights, such as the right to employment, medical and health care, high quality education, sound banking and financial services, or a meaningful endowment at birth (Paul, Darity, Hamilton 2018). Currently, our system provides these rights primarily through the “free market” by private providers, but these private companies often fail to meet the following criteria:
• Quantity: Are goods adequately supplied?
• Quality: Are the goods high quality?
• Access: Do people have adequate access to these goods?
Because of the failure of America’s markets-first approach to policy, the federal government should intervene by introducing public options that provide these essential goods and services in direct competition with private firms. Doing so will set “floors” on wages and quality and “ceilings” on price for private actors who are intent on providing important economic rights at a cost. In employment, this might mean providing a federal jobs guarantee (FJG); in financial services, this could mean access to bank accounts and safe, nonpredatory loans. Throughout this issue brief, we explore what public options might look like in employment, health, housing, education, and financial services. We argue that in these sectors, public options are necessary to combat high-cost, low-quality provision by private actors and ensure universal and better quality access to all Americans.
Full Report here. https://rooseveltinstitute.org/wp-content/uploads/2019/04/RI_Increasing-Public-Power-to-Increase-Competition-brief-201905.pdf
“Credit reports and scores directly impact Americans’ economic security and opportunity. Credit history can affect the way Americans are treated by lenders, landlords, utility companies, hospitals and employers. Having a poor credit history or a “thin file” with insufficient credit information to generate a credit score can mean a consumer will end up paying more for loans and insurance (or have trouble even getting them in the first place). Misuses of credit history are prevalent and harmful: Job seekers can be denied work based on their credit history, and the Trump administration has even proposed using credit history to determine whether immigrants should be eligible for permanent residency. Most harmfully, our credit system is built on—and continues to reinforce and expand—deep racial inequities. Generations of discrimination in employment, lending, education and housing have produced significant racial disparities in credit history. Past discrimination is baked into current determinations of creditworthiness: Credit scores and other lending algorithms disproportionately represent black and Latino loan applicants as “riskier” customers. As a result, decisions drawing on credit data reproduce and spread existing racial inequality, making it harder to achieve true economic equity.”