DANIEL & BESHARA, P.c.

ATTORNEYS AT lAW

3301 Elm Street Dallas, Texas 75226 (214) 939-9230 FAX (214) 741-3596 or (214) 939-9229

Michael M. Daniel

April 8, 2013 email delivery

Barbara Deane General Counsel Texas Department of Housing and Community Affairs barbara.deane@tdhca.state.tx.us James Beau" Eccles Assistant Attorney General Deputy Chief-General Litigation Division beau.ecc1es@oag.state.tx.us Beth Klusmann Assistant Solicitor General
beth.kl usmann@texasattomeygeneral.gov OFFICE OF THE ATTORNEY GENERAL P. O. Box 12548 (MC 059) Austin, Texas 78711-2548 Re: ICP v. TDHCA, 3:08-CV-0546-D, ICP request for consideration of information on two pending applications ICP requests that TDHCA consider the following crime data in connection with the pending 9% applications for Patriot's Crossing, No. 13023, and Serenity Place, No. 13124. This includes the staff recommendation to pre-clear the community revitalization plan for both projects. Both applicants are located within the area for the same City of Dallas Community Revitalization Plan, the Lancaster Corridor/Cigarette Heights CRP. The recommendation for preclearance is on the April 10,2013 TDHCA Board meeting agenda. Patriot's Crossing is in City of Dallas Police Department Beat 726. Serenity Place is in City of Dallas Police Department Beat 722. The High Opportunity area application for the

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Summit Place 9% application, 13240, is in City of Dallas Police Department Beat 642.' The number and rate per 1,000 of reports of some significant criminal activity for the Patriots' Crossing and Serenity Place is substantially higher than the number and rates for the same criminal activity at the Summit Place location.
Beat UCR Description

# of
reports

2010 Census to populati on 3008 2992 3773 3008 2992 3773 3008 2992 3773 3008 2992 3773

rate per 1000

3/1/12
2/28/13 642 722 726 642 722 726 642 722 726 642 722 726 AGGRAVATED ASSAULT AGGRAVATED ASSAULT AGGRAVATED ASSAULT ASSAULT ASSAULT ASSAULT BURGLARY BURGLARY BURGLARY ROBBERY ROBBERY ROBBERY 10 16 25 36 58 93 33 66 115 5 16 18

3.32 5.35 6.63 11.97 19.39 24.65 10.97 22.06 30.48 1.66

5.35
4.77

The difference in reported significant crime activity between the two high crime area locations and the Summit Place location is not new. Both Patriot's Crossing and Serenity are in census tract 57. The City of Dallas violent crime data' for 2004 shows the tract had a 1.06 murder report rate per 1,000, a 18.5 aggravated assault rate, a 47 per 1000 assault rate per 1,000, and the 14.7 per 1,000 robbery rate based on the 2000 U.S. Census population for the tract. By comparison, census tract 132 - the proposed High Opportunity location for the Summit application - had a 0.0 murder report rate per 1,000, a 5 per 1,000 aggravated assault rate, a 14.4 per 1000 assault rate, and a 1.5 per 1,000 robbery rate based on the 2000 U.S. Census population

I The crime report information for these beats is from the City of Dallas Police Department web site at http://policereports.dallaspolice.net/. The beat population is based on the 2010 SFl U.S. Census block population data for the census blocks in those beats.

Plaintiffs

exhibit 220 in ICP v TDHCA. -2-

for the tract. 3 The existence of significant criminal activity in the area including both Patriot's Crossing and Serenity Place has been a documented problem for a long time. The City of Dallas 1991 Master Plan, Southeast Oak Cliff Land Use, Housing, and Economic Study stated the problem as it then existed. Of course, like any area, Southeast Oak Cliff exhibits some development constraints. These constraints include perceptions of a poor social climate due to the prevalence of drugs and crime, a past inability to attract businesses and jobs, and flooding problems. Further, the incompatibility of land uses suggests that the area has not been considered as a location for quality development. However, none of these problems are insurmountable. In fact, the key challenge of any economic development strategy is to juxtapose the strengths of a community with its weaknesses so that the weaknesses can be overcome. This requires the building of a foundation for future development which ultimately must consist of an effort to mobilize the community. Programs will be required to aggressively combat crime and drug trading, and the community will have to build a capacity to undertake these efforts. Page 15. The perceptions' of Southeast Oak Cliff as a high crime area with extensive drug trafficking presents a strong obstacle to the development of the area. This is because the quality of the surrounding neighborhood is a significant factor in business and residential location decisions. The drug problems in south Dallas have even received national television coverage, underscoring the significance of the problem is and the need to address them in order to encourage investment 'and reinvestment in the study area. Page 20. ICP does not doubt that the City of Dallas could, and should, provide the law enforcement resources necessary to reduce the rate of reported crime in the Patriot's Crossing and Serenity Place neighborhood to that which would be typical in a neighborhood that would qualify under the Opportunity Index pursuant to 11.9(c)(4) of the 2013 QAP. The City has not done so yet. There is nothing in either application to show that any planned City of Dallas activity will eliminate this undesirable area feature of other significant criminal activity that rises to the level of frequent police reports between now and TDHCA's award of tax credits. The only crime control measure in the City of Dallas community revitalization plan for the Patriot's Crossing and Serenity Place neighborhood is a reference to a community prosecutor program. The City's

323%,866, of the population in Beat 726 are children under 14. 24%, 719, ofthe population in Beat 722 are children under 14.7%,212, of the population in the low crime rate Beat 642 are children under 14. -3-

Community Prosecutor program is a good idea but it is not directed at the major felony crimes constituting significant criminal activity in these neighborhoods. The Community Prosecution's mission is to use housing code enforcement in municipal court Class C misdemeanor prosecutions and civil district court nuisance suits to address and abate code violations." The reports of significant crimes affecting the area of Patriot's Crossing and Serenity Place will not be eliminated soon if at all even by the most aggressive City of Dallas code enforcement.

Let us know ifTDHCA wants the underlying documentation for this information.
Sincerely, ~~~~ Michael M. Daniel attorney for ICP cc: Elizabeth K. Julian Demetria McCain Tom Rhodus

http://www.dalIaspolice.netidivisions/central/communityProsecution.html

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