APRIL 2018
ACKNOWLEDGEMENTS
New York City rightfully takes great reality that New York’s schools are
pride in its diversity. However, fifty among the most segregated in the
years after the Fair Housing Act of 1968 country, with 85 percent of black
(passed one week after Martin Luther students and 75 percent of Latino
King Jr. was killed), our city remains students attending “intensely”
more segregated than most metropolitan segregated schools (schools that are
areas in the United States. In recent less than 10 percent white). This is true
decades, many cities around the country both for geographically-zoned
became more integrated; the average elementary schools, for non-zoned high-
black-white “dissimilarity index” (the schools, and for most of what’s in-
most common measure of residential between.
segregation) fell from 73.1 to 59.4
between 1980 and 2010. New York City’s
Public transportation and infrastructure
remained stagnant at 81.6. That means
policy has also furthered segregation.
over 80% of white or black New Yorkers
While we acknowledge the history of
would have to move to a different
Robert Moses using highways and park
neighborhood in order for blacks and
construction to divide communities by
whites to be equally distributed across
race, we often ignore the ways that
NYC.
disproportionately siting waste-transfer
stations and other locally-unwanted
Like our neighborhoods, our schools are
land uses in communities of color
segregated. In 2014, the UCLA Civil
perpetuate health disparities and cycles
Rights Project exposed the
of disinvestment.
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INTRODUCTION
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INTRODUCTION
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RECOMMENDATIONS
Step 1: Make “Affirmatively Furthering 8
DESEGREGATING
Fair Housing” (AFFH) the law and ongoing
DESEGREGATING
OUR OUR
NEIGHBORHOODS
NEIGHBORHOODS practice of New York City
New York City has an extraordinarily That means that about 4.9 million New
diverse population. As of the last Census Yorkers, three quarters of us, are living
in 2010, no single racial group made up in neighborhoods that are isolated from
more than 33 percent of the city’s people of other races. 1
population. The immigrant population
has grown to 3.3 million, or nearly 40 As Richard Rothstein has described in
percent of New York City’s population as detail in his 2017 book, The Color of
of 2017. Law: A Forgotten History of How our
Government Segregated America, this
Despite this diversity, New York City segregation did not happen “naturally,”
remains more segregated than most or simply as a result of individual
metropolitan areas in the United States. choices within the marketplace.
Between 1980 and 2010, cities around Segregation was built and preserved—in
the country became more integrated; the NYC and everywhere else in America—by
average black-white dissimilarity index a long list of policies implemented by
(the most common measure of federal, state and local governments
residential segregation) fell from 73.1 to over many years: redlining, segregated
59.4. New York City remained stagnant public housing, exclusionary zoning,
at 81.6. That means 81.6 percent of neighborhood schools, and many more.
white or black New Yorkers would have
to move to a different neighborhood in Unfortunately, even before the roll-
order for blacks and whites to be backs by the Trump Administration, too
equally distributed across NYC. little has been done by the Federal
government to enforce the promise of
Put another way, only about 26 percent desegregation in the Fair Housing Act of
of New Yorkers live in meaningfully 1968, or to fulfill the promise of school
integrated neighborhoods. integration from Brown vs. Board of
Education fifteen years earlier.
1. Housing: The Paradox of Inclusion and Segregation in the Nation’s Melting Pot.” Co-authored with Maxwell
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Austensen and Jessica Yager. In Benjamin Bowser and Chelli Davedutt, Eds., Racial Inequality in New York City:
Looking Backward and Forward. Albany, NY: SUNY Press, Forthcoming
DESEGREGATING
OUR NEIGHBORHOODS
Step 1.
Fair Housing Act enforcement has been Make “Affirmatively Furthering Fair
limited to a couple hundred private and Housing” (AFFH) the law and ongoing
non-profit fair housing organizations practice of New York City.
who investigate, resolve and remedy
acts of housing discrimination across While the Fair Housing Act prohibits
the entire country; but broader patterns discrimination in housing, it has done
of residential segregation have little to combat long-standing patterns
remained shielded from policy of segregation, many of which were
intervention. created and reinforced by decades of
public policy. In response to this issue,
Residential segregation affects housing the Obama administration adopted a
options, poverty rates, school new rule in 2015 that required localities
performance, college access, levels of that receive federal funds to assess their
safety and crime, rates of asthma, and segregation patterns and develop plans
the long-run outcomes for children. As to “affirmatively further” fair housing
recently as this past spring, Mayor de and work proactively to integrate those
Blasio said in response to a question neighborhoods. The rule explicitly
about segregation that “we cannot required localities to take steps to
change the basic reality of housing in expand housing options for all
New York City.” But we simply will not households, reduce segregation and
be able to eliminate these disparities concentrated poverty and invest in high-
without reducing rates of segregation. poverty communities to expand
Here are some next steps we can and opportunities for low-income Americans.
should take. The Obama-era AFFH rule was a long-
overdue step toward ensuring we meet
the obligations and intent of the Fair
Housing Act.
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DESEGREGATING
OUR NEIGHBORHOODS
Under Donald Trump and Ben Carson, Planning for fair housing and
HUD has reversed course and announced integrated communities should be made
it will delay implementation for five the law of New York City, to build a
years (HUD has also moved backward on legally mandated, durable platform for
the enforcement of more basic types of our work to confront segregation. This
housing discrimination as well). week, the City Council will hear Intro
601-2018 (Speaker Johnson), which
Thankfully, the NYC Department of would require this process by law, and
Housing Preservation and Development insure that once completed it is
(HPD), under the leadership of updated on an annual basis, and Intro
Commissioner Maria Torres-Springer, 607-2018 (Council Member Richards),
has committed to move forward with its which would require that the city
AFFH planning process nonetheless. This review each new affordable housing
spring, Torres-Springer announced the project to make sure it furthers fair
launch of Where We Live NYC, “a housing goals.
comprehensive fair housing planning
process to study, understand, and
address patterns of residential
segregation and how these patterns
Step 2.
impact New Yorkers' access to Commit to inclusionary housing through
opportunity.” The process will include neighborhood rezonings in “high
community conversations, data and opportunity neighborhoods,” not just in
policy analysis, and will culminate with low-income communities of color.
a report in Fall 2019 that includes goals
and strategies “to foster inclusive Historically, most affordable housing
communities, promote fair housing programs have built low-income
choice, and increase access to housing in low-income neighborhoods.
opportunity for all New Yorkers.” Sometimes, the goal was explicitly
discriminatory, to keep low-income
people out of wealthier, whiter
neighborhoods.
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FAIR HOUSING TOOLS
FOR A 21ST CENTURY
NEW YORK CITY
HUD’s traditional fair housing enforcement tools were developed during a time of
disinvestment and suburbanization, rather than one of gentrification and
displacement. That means NYC will need to pilot a new set of tools.
To the limited extent that HUD officials have been concerned about segregation, they
have primarily sought to insure that cities did not concentrate new affordable housing
for low-income families in high-poverty, disinvested neighborhoods. This meant
seeking to limit the use of low-income housing tax credits in those neighborhoods,
pushing against “community preference” requirements that offered a set-aside of
affordable units to households already in those neighborhoods, and introducing “small
area fair market rents (FMR)” for housing vouchers.
New tools are needed to achieve integration. We need stronger policies that achieve
the development of significant new affordable housing in wealthier neighborhoods,
without eliminating the ability to build and preserve affordable units in poorer ones.
It is reasonable to leverage development to mandate affordable units (without
subsidy) in high-cost neighborhoods, and to balance that with deploying subsidies to
achieve affordability in neighborhoods where the market is not strong enough to
cross-subsidize. We also need to implement stronger rules to help low-income
families stay in their neighborhoods, if they choose, as gentrification increases the
rent. And we need to better connect housing, education, transportation,
infrastructure, health, and economic development policy.
NYC’s fair housing planning process must put forward a set of new, concrete,
measurable strategies that make sense for NYC at this moment. This report is an
attempt to lay out what some of those might be.
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DESEGREGATING
OUR NEIGHBORHOODS
Other times, the motive was less Community organizing efforts in these
nefarious: as New York City worked to neighborhoods have resulted in some
confront the abandonment crisis of the concrete wins through the rezoning
1970s and 1980s, the City used process, including meaningful
subsidies to renovate abandoned investments in infrastructure,
buildings in low-income communities to community services, and more deeply
combat the ravages of disinvestment. affordable units. Still, thus far,
Regardless of the motives, though, the communities of color have carried the
policies functioned to further burden of easing New York City’s
segregation. housing crisis through MIH—thought the
crisis affects neighborhoods across
Mandatory inclusionary housing (MIH)—a every borough.
core part of Mayor de Blasio’s housing
plan—has significant potential to To realize the potential of MIH to
support the intentional desegregation of increase overall housing opportunities
New York City. citywide, and to achieve integration
without displacement, the City must
The program, which requires low-income also rezone whiter, wealthier
housing units to be included in new neighborhoods to create affordable
market-rate and mixed-income housing housing opportunities all across NYC.
in areas that have been rezoned to allow
for additional development, has the The first neighborhood rezoning with
potential to increase and improve the potential to achieve this is Gowanus,
housing options across the city for low- where an integrated neighborhood could
income people and people of color. be created through new inclusionary
housing development, in-between the
However, all of the MIH neighborhood mostly white neighborhoods of Carroll
rezonings thus far have taken place in Gardens, Boerum Hill, and Park
low-income neighborhoods: East New Slope. To achieve this goal, the plan
York, Far Rockaway, East Harlem, and must not only create new affordable
Jerome Avenue in the South Bronx. housing in mixed-income development,
but must also strengthen and preserve
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DESEGREGATING
OUR NEIGHBORHOODS
strengthen and preserve the public Over the past four years, that has been
housing units in the neighborhood, and changing, with strong new leadership
insure that the residents of Wyckoff from Chair Carmelyn Malalis and
Gardens, Gowanus, and Warren Street significantly increased funding.
houses are better connected to
opportunities in the neighborhood. In 2015, the New York City Council
passed a bill requiring a fair housing
But adding one or two wealthier testing program at the NYC Commission
neighborhoods to a list that remains on Human Rights (CCHR) to identify and
predominantly communities of color is prosecute illegal housing discrimination
not sufficient. If the fair housing (including race, ethnicity, immigration
planning process is real, it must lead to status, LGBTQ, and source-of-income
comprehensive citywide planning, with discrimination). During these testing
desegregation as one of its goals, that programs, undercover “testers” from
sets the City’s agenda for growth and protected classes, and others who are
development going forward. not, apply for rental housing units in
order to uncover any differences in
treatment. In 2016, Commission testing
Step 3. found 75 incidents of housing
discrimination based on gender identity
Fight housing discrimination and source of income. The City should
in co-ops (and rentals, too). further increase funding for CCHR to
ensure the agency can proactively
Discrimination in the selling, renting, combat housing discrimination through
and leasing of housing is illegal under its testing program and effectively
local, state and federal law. For too enforce the law as the City continues to
long, however, little has been done to expand the classes protected under the
enforce these laws. For most of the City's Human Rights Law.
Giuliani and Bloomberg Administrations,
the NYC Commission on Human Rights Unfortunately, housing co-ops present a
(CCHR) was allowed to atrophy, and particular challenge in rooting out
little proactive action was taken. housing discrimination
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DESEGREGATING
OUR NEIGHBORHOODS
Step 4.
Testing programs do not work for co-op Strengthen rent regulations as a
sales, since testers do not have credit strategy for integration without
reports and equity in their bank displacement.
accounts. The application process to
purchase a co-op is notoriously onerous Rent regulations are an
and opaque, with little transparency. underappreciated, but perhaps most
While many co-ops are diverse and free important, policy for a diverse city.
of discrimination, allegations of Strong rent regulations enable low- and
discrimination in co-ops abound, but are moderate-income tenants to stay in
difficult to prove. their neighborhoods as rents rise—a
critical policy to preserving integrated
Given the staggering black/white wealth neighborhoods, especially as
gap—much greater even than the gap in gentrification continues to roll across
income—in a nation where most NYC’s neighborhoods.
people’s primary asset is their home, it
is particularly important to combat Unfortunately, loopholes in New York’s
discrimination and segregation in NYC’s rent laws cause thousands of units to be
co-op marketplace. To do so, the Council lost every year, 65 percent of which are
should pass Intro’s 1458-2017 (Council occupied by people of color. Through
Member Lander) and 1467-2017 the “preferential rent” loophole,
(Council Member Jumaane Williams) landlords are allowed to raise the
which would require co-op boards to regulated rent over many years (even
provide a reason for the rejection of an when the market will not bear it), and
applicant and insure that applicants then dramatically increase the rent
receive timely approvals and denials. when gentrification suddenly makes it
Fair housing and civil rights experts achievable. Vacancy decontrol and
agree that this simple requirement vacancy bonuses—loopholes won
would make it more difficult to hide through landlord lobbying over decades
outright discrimination. Suffolk County —incentivize landlords to harass rent-
already has such a law in place. New regulated tenants out of their homes so
York City should follow. they can dramatically increase rents for
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DESEGREGATING
OUR NEIGHBORHOODS
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DESEGREGATING
OUR SCOOLS
Sixty years after Brown v. Board of A 2017 analysis by the Center for New
Education declared that “separate York City Affairs found that our schools
but equal” schools are inherently are even more divided than our housing.
unequal, New York City’s schools Forty-five percent of New York City’s
have re-segregated. In 2014, UCLA’s elementary schools have student
Civil Rights Project published a populations that are 90% black and
report that found that New York has Latino—and nearly 20 percent of these
the most segregated schools in the schools are located in relatively
country, owing largely to New York integrated neighborhoods. This suggests
City’s deeply stratified system. Over that residential segregation is not the
the last 20 years, the uneven only factor in school segregation.
distribution of white, black, and
Latino students has increased, Middle schools and high schools are
despite growing diversity. Between highly segregated as well. In Brooklyn,
1989 and 2010, intensely segregated for example, three of the 12 middle
schools, or those that are over 90 schools in District 15 contain 81 percent
percent minority, increased by 70 of the white student population. Within
percent in NYC. Almost all of the those three middle schools, fewer than
City’s black and Latino students 30 percent of students come from low-
attended schools with 50 percent or income families. Meanwhile, the three
greater minority students. The vast middle schools at the other end of the
majority of those students were at spectrum have student bodies that are
schools with at least 90 percent only 10 percent white, and more than 90
minority students, while 30 percent percent low-income.
attended schools with less than 1
percent white students. Charter According to a report by NYU Steinhardt,
schools present even more there are nearly 7 times the number of
disturbing patterns. Seventy-three racially isolated high schools as there
percent of charter schools have less are diverse ones (192 versus 28).
than 1 percent white enrollment, and
90 percent enroll less than 10
percent white students.
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DESEGREGATING
OUR SCHOOLS
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DESEGREGATING
OUR SCHOOLS
efforts and initiatives to strengthen Now is the time for heavier lifting. The
diversity. An accompanying resolution New York Times’ to-do list for incoming
called on the DOE to officially make Chancellor Richard Carranza places
school diversity a priority in admissions action on segregation as #1. If he’s
and related policies, and to develop a looking to answer the call, here are
strategy for addressing segregation. some steps he will take.
Unfortunately, the plan falls short on Nonetheless, our high schools remain as
many fronts. The plan failed to use the segregated as our elementary schools,
words “segregation” or “integration,” with black and Latino students just as
instead relying on the more anodyne isolated in schools with dramatically
“diversity.” An analysis by the Center for higher rates of poverty. There are three
NYC Affairs found that “achieving [the key ways the DOE should reform NYC’s
plan’s numeric goals] will require little high-school admissions policies:
or no systemic changes to the
city’s schools. No heavy lifting will be
needed to meet them.”
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DESEGREGATING
OUR SCHOOLS
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DESEGREGATING
OUR SCHOOLS
Every time a new school opens, or lines impact) in response to backlash from
are adjusted to address overcrowding, white parents. School pairing is a
the DOE should take that opportunity to system in which two segregated schools
achieve greater levels of integration. are combined, with one use for lower
The DOE has done this in several recent grades (Pre-K to 2), one for upper grades
situations: at PS 130 in Kensington, PS (3 to 5). This model would work
133 in Park Slope, PS 8/PS 307 in especially well across the lines of two
Brooklyn Heights/DUMBO/Vinegar Hill, segregated community school districts.
and PS 191/PS 199/PS 452 on the Upper
West Side (with strong advocacy from Finally, the DOE must ensure that
Council Member Helen Rosenthal on the diversity seen within a integrated
UWS, and Council Members Levin, elementary school is reflected at the
Cumbo, and Lander in Brooklyn). It classroom level. In some cases,
should commit to do so every time. This elementary schools look diverse, but are
analysis by Vox’s Elvin Chang helps to segregated internally between Gifted &
point the way. Talented, General Ed, and specialized
program classrooms. DOE must ensure
When school rezonings take place in that diverse elementary schools are not
racially and economically homogeneous segregated internally.
neighborhood, the DOE should use that
opportunity to increase the diversity of
the district’s student population, leaving Step 8.
a percentage of seats available for
students outside the zone. This would Insure equity and inclusion, through the
allow for schools to engage in targeted “5Rs of real integration” (including
recruitment efforts to achieve increased culturally responsive education,”
diversity. equitable access to resources,
restorative justice, and a diverse
“School-pairing” is a model that has teaching staff).
worked well in Madison, Wisconsin and
elsewhere. It was tried briefly in NYC in The work to integrate New York City’s
the 1960s, but eliminated rapidly schools only begins with admitting a
(before any evidence of its diverse student body.
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DESEGREGATING
OUR SCHOOLS
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DESEGREGATING
OUR SCHOOLS
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DESEGREGATING
OUR INFRASTUCTURE
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pollution burdens may induce whites
to invest more political capital in
DESEGREGATING
OUR INFRASTRUCTURE
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DESEGREGATING
OUR INFRASTRUCTURE
now that they are desirable, New As part of the 1989 Charter Revision
Yorkers of color are again the ones who Commission, New York City adopted a
suffer. So part of desegregating NYC “Fair- Share” policy to promote equity in
must come through infrastructure siting municipal facilities. The new
investments that promote equity and policy aimed to require the City to plan
access. its facility sitings in a thoughtful,
deliberative manner that aims – at least
in principle – to avoid the uneven
Step 9. distribution of these essential City
facilities and services.
Fix NYC’s broken “Fair Share” system to
promote fairness in siting City Unfortunately, the city’s Fair Share
facilities. policy is broken. As a 2017 New York
City Council report shows, low-income
Environmental racism, including neighborhoods and communities of color
unfairness in siting municipal facilities, have persistently been treated unfairly
is both a cause and result of in the siting of public facilities—both in
segregation. As noted earlier in this the under-provision of necessary
report, unwanted land uses like waste- community services, and in the over-
transfer stations are disproportionately concentration of locally-unwanted land
sited in low-income communities of uses.
color, driving up asthma rates and
making those neighborhoods less Fair Share Statements—which are
attractive to households who can afford supposed to explain why a siting is fair
to live elsewhere, resulting in lower or to justify why an unfair siting is
property values, which leads to more necessary—often never see the light of
unwanted uses. Meanwhile, significant day. The City does not disclose enough
investments in signature parks (like the data about the current distribution of
High Line and Brooklyn Bridge Park) facilities for the public debate to be
have been concentrated in whiter, well-informed; as a result, claims of
wealthier communities, making those
neighborhoods greener while driving up
real estate values further.
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DESEGREGATING
OUR INFRASTRUCTURE
Step 10.
unfairness can mask NIMBYism in Turn around NYC’s bus system to
neighborhoods that are not actually connect more New Yorkers to
overburdened. The Citywide Statement opportunity.
of Needs, intended for proactive
planning, has been rendered Gaps in New York City’s public transit
meaningless by lack of information. system amplify the harms of
Most fundamentally, there is no segregation. As housing costs continue
consequence whatsoever for a City to rise and well-connected
agency that sites its facilities in neighborhoods become unaffordable,
patently unfair ways. As a result, unfair more New Yorkers—predominantly low-
sitings remain the path of least income tenants of color—are pushed out
resistance (because the land is less to neighborhoods with no subway in
expensive or because the community is sight. The closest subway stop in
perceived to be less powerful in neighborhoods in the North Bronx,
organizing against the action). Eastern Queens, South Brooklyn and of
course, all of Staten Island, are a long
The City Council proposed a bus ride away. As noted, RPA’s 2017
comprehensive Fair Share reform report, “Pushed Out,” shows that people
package in 2017, as well as a with high income are moving into more
standalone bill (Intro 157-2018, accessible neighborhoods, while those
formerly Intro 495-2014, sponsored by with low-incomes (who are less likely to
Council Members Stephen Levin and be able to afford to own a car) are
Antonio Reynoso) to limit the volume of pushed to lower-access areas.
waste transfer stations in low-income
communities of color. These reforms
would increase transparency for siting
City facilities, update the fair-share
criteria, promote proactive planning,
and limit truly unfair sitings in the most
over-concentrated neighborhoods. Most
of these reforms can be passed by the
Council as local laws. Some would
require amendment of the City Charter,
and should be considered by the
upcoming Charter Revision
Commissions.
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DESEGREGATING
OUR INFRASTRUCTURE
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OVERSIGHT AND
ACCOUNTABILITY
Half a century has passed since we At this moment, there is both need
legally prohibited housing and opportunity for the mayor to
discrimination and school take stronger leadership, and for City
segregation, yet they remain firmly Hall to coordinate agency efforts to
with us. For (at least) the next three combat segregation. The City’s
years, the federal government will “Where We Live NYC” planning
play no role in moving us forward; process presents an opportunity. The
instead, the Trump Administration stakeholder engagement, planning
will encourage segregationist and analysis, and recommendations
policies. If New York City is going to can and should take a cross-sector
take serious steps in restoring Dr. approach, to address the complex
King’s dream and moving to ways that segregation is reinforced
desegregate our city, we need by housing, education and
leadership, shared commitment, and infrastructure policy in NYC. It
mutual accountability. should consider each of the
recommendations in this report, and
Mayor de Blasio has, thus far, work closely with relevant
resisted making integration a strong stakeholders (like the School
feature of his work to combat Diversity Advisory Group and the
inequality and make NYC “the fairest NYC Commission on Gender Equity).
big city in America.” While his At the end of the process, City Hall
agencies are starting to take some (not just HPD) should adopt a
steps forward, those efforts have comprehensive plan with measurable
been disconnected, and have not had goals, and establish a clear
visible support from City Hall. The mechanism for long-term
mayor did not take part in the accountability.
announcement of the DOE’s school
diversity plan or the first meeting of
its School Diversity Advisory Group,
or HPD’s announcement of its “Where
We Live NYC” initiative.
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OVERSIGHT AND
ACCOUNTABILITY
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OVERSIGHT AND
ACCOUNTABILITY
31
CONCLUSION