The U.S. Department of Housing and Urban Development is investigating aldermanic power over affordable housing and has asked Chicago City Council members to answer questions about the longtime tradition that gives them major control over matters in their wards.
Housing activists and lawyers filed a complaint over aldermanic prerogative with HUD in 2018, alleging that allowing aldermen de facto veto power over most development proposals in their wards promotes housing discrimination by keeping low-income minorities from moving into affluent white neighborhoods.
The complaint against the city alleges that “aldermanic prerogative” helps residents who fear racial change pressure aldermen to block affordable housing projects by publicly raising concerns over school overcrowding, declining property values and other “camouflaged racial expressions.”
HUD officials continue investigating the matter and sent a letter to aldermen Dec. 1 asking them a series of questions about aldermanic prerogative, including how they define the term.
Other questions include, “How do you use aldermanic prerogative? In what circumstances is it a useful tool? Do you support eliminating or restricting aldermanic prerogative over decisions affecting the siting and development of affordable housing? Why or why not? How would such restrictions best be implemented?”
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Aldermen are also being asked, “How have you seen aldermanic prerogative affect the viability and placement of affordable housing in your ward and throughout the City?” and “What factors other than aldermanic prerogative do you see affecting the viability and placement of affordable housing in your ward and throughout the City?”
Chicago aldermen applaud during a budget speech in September. HUD has asked each City Council member to answer questions about "aldermanic prerogative." (Antonio Perez / Chicago Tribune)
Are affordable housing issues “more or less likely than these other circumstances to lead to alderpersons invoking prerogative to stop a rezoning?”
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The survey also asks what effect Mayor Lori Lightfoot’s executive order aimed at curbing aldermanic prerogative has had on aldermanic control. The mayor implemented a largely symbolic ban on aldermanic prerogative shortly after her May 2019 inauguration, though she has since failed to introduce key reforms she promised to curb aldermanic power over zoning matters.
HUD wants aldermen to provide the agency with answers by Dec. 17, according to the letter, which was obtained by the Tribune.
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A HUD official declined to comment, citing agency protocol on pending investigations.
Affordable housing has been a key flashpoint in city politics for decades. Recently, the Northwest Side has seen a number of disputes over affordable housing. Ald. John Arena, 45th, faced significant criticism over an affordable housing development in Jefferson Park.
Another affordable housing development at 8535 W. Higgins Road is coming before the City Council Zoning Committee soon and will likely be a source of contention between project supporters and Ald. Anthony Napolitano, 41st.
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