Collaboration Between SHIP Program/Office and Local Government Planning/Real Estate Departments

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Dylan Hopkins
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1 Collaboration Between SHIP Program/Office and Local Government Planning/Real Estate Departments Catalyst Program Webinar December 17, 2015

2 Presenters Jaimie Ross, Florida Housing Coalition Caleena Shirley, Florida Housing Coalition

3 Topics to be Covered The role of local government in producing and preserving affordable housing in Florida The benefit of collaboration between the government offices that finance affordable housing with the government offices that direct land use planning and permitting Using the AHAC and Florida Statutes to improve that collaboration

4 Poll Which department do you work in?

5 What is the Role of Local Government in Affordable Housing? Local government is the steward of land within its jurisdiction

population, including the most vulnerable, such as those

6 State Law Every jurisdiction in Florida has the obligation to provide for housing its entire current and anticipated population, including the most vulnerable, such as those with special needs and farmworkers. Chapter (6)(f)

7 The Housing Element of the Comprehensive Plan The Housing Element requirement does not mean that local governments have to build all this housing themselves. It does mean that local government should use its police powers (to carry out laws for the health and safety of its residents), its land use authority, and its compliance with the spirit and intent of fair housing and affordable housing laws to create an environment in which affordable housing will be provided by the private sector.

8 Planning/Permitting Local Governments Role is to create an Environment Conducive for the private sector to produce Affordable Housing. Local land use planning and zoning codes can Break or Make affordable housing.

9 What is Affordable Housing? Affordable housing is defined in state statute Ch , Florida Statutes. Concept: when low income/low wealth families spend more than half their income on housing they are housing instable one missed paycheck away from crisis. Over 920,000 very low income Floridians spend more than half their monthly income on housing costs. Florida has the third highest homeless population in the nation. For more data, see The Florida Home Matters Report and the Shimberg Center Data Clearinghouse

10 Typical City Department Org Chart Office of the Director Growth Management Department Public Services Department Planning & Zoning Division Building Plan Review & Permitting Division Housing Division

11 Alternative that Facilitates Collaboration Office of the Director Growth Management Department Planning & Zoning Division Building Plan Review & Permitting Division Housing Division

12 How is Housing Made Affordable? Planning/Permitting Financing/Affordability Assurances

13 Examples that Inhibit Affordable Housing Minimum parcel/ large lot and setback requirements that prevent development of smaller homes

14 Examples that Inhibit Affordable Housing Minimum square footage regulations for the size of the house- for example: requiring that a house be no smaller than 1,400 square feet

15 Examples that Inhibit Affordable Housing Strict Euclidian zoning

16 Examples that Inhibit Affordable Housing Not allowing accessory dwelling units

17 Examples that Promote Affordable Housing Land Use Plans and Zoning Codes provide flexibility to encourage affordable housing One of my favorite examples is from Davidson, North Carolina..

18 The Bungalows Davidson, NC

19 The Bungalows Davidson, NC

20 But we don t have to leave Florida for Examples that Promote Affordable Housing There are examples of land use planning in Florida that permit mixed income and mixes use housing, attached housing, and accessory dwelling units

21 Mixed Use and Mixed Income

22 Attached Housing

23 Triplex architecturally similar to single-family homes on the street

24 Accessory Dwelling Units Florida State Statute (1) The Legislature finds that the median price of homes in this state has increased steadily over the last decade and at a greater rate of increase than the median income in many urban areas. The Legislature finds that the cost of rental housing has also increased steadily and the cost often exceeds an amount that is affordable to extremely-lowincome, very-low-income, low-income, or moderate-income persons and has resulted in a critical shortage of affordable rentals in many urban areas in the state. This shortage of affordable rentals constitutes a threat to the health, safety, and welfare of the residents of the state. Therefore, the Legislature finds that it serves an important public purpose to encourage the permitting of accessory dwelling units in single-family residential areas in order to increase the availability of affordable rentals for extremely-low-income, very-low-income, lowincome, or moderate-income persons.

25 Accessory Dwelling Units

26 Accessory Dwelling Units

27 Accessory Dwelling Units

28 Examples that Promote Affordable Housing Mixed Use and Mixed Income Housing close to employment and services (encouraged by state statute (6) (f)) Allowing accessory dwelling units in all residential zones (encouraged by state statute Inclusionary housing policies (specifically permitted by Florida Statute- next slide ) Community Land Trusts (CLT s)

29 Supported in State Statute Inclusionary Zoning Section Affordable housing. Notwithstanding any other provision of law, a municipality may adopt and maintain in effect any law, ordinance, rule, or other measure that is adopted for the purpose of increasing the supply of affordable housing using land use mechanisms such as inclusionary housing ordinances.

30 Inclusionary Housing A local land use regulation (planning tool) that requires the market rate housing developer to include a percentage of affordable housing within the market rate development Typically, to get units into the very low income range, public subsidy is also needed- good example of where planning department and housing department can work together

31 Inclusionary Housing

32 Inclusionary Housing Best Practices Needs to have long term or perpetual affordability Needs to create as little burden on market rate developer as possible- local government should provide income compliance assistance Use a CLT to provide pipeline of homebuyers or renters as well as to provide stewardship

33 How Does a CLT Work? Nonprofit (CLT) retains ownership of the land Provides a 99 year ground lease to the homebuyer Ground lease provides resale restrictions, a right of repurchase to the CLT, and a fair but not market rate return to the homebuyer

34 Key Benefits for the Public: Public Investment is retained Permanent stock of affordable housing is created

35 SHIP Funding comes with planning requirements: 1. Expedited review of ALL permits (that includes every land use approval that may be needed much more than expediting the building permit) 2. Ongoing process of review to consider the impact on affordable housing of new regulations, comp plan amendments etc.

36 SHIP The Affordable Housing Advisory Committee (AHAC) should also consider and make recommendations for implementation of other local actions that would promote affordable housing- for example, permitting ADUs in all residential zones Must have a member of LPA on AHAC Affordable Housing Advisory Committee Recording PowerPoint October 28, 2015 Summary of AHAC Report Requirements (Lunch & Learn) - Recording PowerPoint November 5, 2015

37 Planning Department Affordable Housing Finance & Housing Departments Long Term Affordability Assurances

38 More Benefits from Connecting Housing and Planning FAIR Housing Housing choice is key concept. Connection between Fair Housing and Affordable Housing. Low wealth families disproportionately people of colorrace and ethnicity are protected classes in Fair Housing Act, as is familial status (children in the family) and disability. Exclusionary land use practices may create disparate impact liability.

39 Florida Fair Housing Act Ch Additional protection for affordable housing development. Unlawful to discriminate in land use decisions based on the financing of the development. In plain English: Local government is not permitted to deny development approval of an apartment complex that is affordable (tax credit development, for example) if it would have approved a market rate complex.

40 More Benefits from Connecting Housing and Planning Surplus Lands for Affordable Housing 2006 Florida adopted Surplus Lands Bill F.S and F.S mandates local governments prepare an inventory of properties owned fee simple by the municipality and identify those properties that may be eligible for affordable housing development How can this be more successfully implemented if coordinated with the Housing Department?

41 Takeaways Local government has a robust role in producing and preserving affordable housing in Florida. When the local government offices that handle the financing of affordable housing coordinate/collaborate with the local planning department much better results are achieved. Make the most of the AHAC by embracing planning and permitting as key to fully implementing or enhancing your SHIP program.

42 QUESTIONS?

43 Survey Monkey Evaluation Please complete:

44 THANK YOU! TECHNICAL ASSISTANCE Available Daily: 1 (800) Options for Further Assistance Include Site Visits

How to Adopt an Affordable Housing Advisory Committee (AHAC) Report

How to Adopt an Affordable Housing Advisory Committee (AHAC) Report sponsored by Florida Housing Finance Corporation Catalyst Program Presenters Michael Chaney, Florida Housing Coalition Caleena Shirley,