Overview of the Council's response to the fair housing complaint filed with HUD

Similar documents
1SUPPORT TRANSPORTATION POLICY TO BUILD DIVERSE, SUSTAINABLE COMMUNITIES

DRAFT FOR PUBLIC COMMENT

Assessment of Fair Housing Tool for Local Governments. Table of Contents

CITY OF THOMASVILLE NORTH CAROLINA ANALYSIS OF IMPEDIMENTS

Rental Assistance Demonstration (RAD) 101: Public Housing Conversions. US Department of Housing & Urban Development May 14, 2018

Glendale Housing Development Project Plan

2019 QAP Content and Scoring Change Summary

Affordable Housing in SD 49 Area BRAD AHO EDEN PRAIRIE CITY COUNCILMEMBER FEBRUARY 26, 2019

Project-Based Voucher Program CHAPTER 16 PROJECT-BASED VOUCHER PROGRAM

1. General Civil Rights Obligations Applicable to the Capital Magnet Fund

PBV Request Ramsey Apartments Ramsey

BALTIMORE REGIONAL FAIR HOUSING IMPLEMENTATION PLAN 2/19/13

State: ILLINOIS Illinois Housing Development Authority

Project-Based Voucher Program CHAPTER 16 PROJECT-BASED VOUCHER PROGRAM

Comprehensive Housing Policy. City of Dallas, Texas

The New Starts Grant and Affordable Housing A Roadmap for Austin s Project Connect

sliding scale using a project's Walk Score.] No.

Guidelines for Priority Funding for Housing Performance

National Housing Trust Fund Allocation Plan

Chapter 4: Housing and Neighborhoods

DELAWARE STATEWIDE ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE

DRAFT July 2014 HOUSING POLICY PLAN

SCOPE OF WORK DEVELOPMENT OF A SOCIO-ECONOMIC IMPACT ANALYSIS FOR THE PRELIMINARY REGIONAL HOUSING PLAN FOR THE SOUTHEASTERN WISCONSIN REGION

STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL. State of California GOVERNMENT CODE. Section 65915

Low Income Housing Tax Credits 101 (and a little beyond 101) James Lehnhoff, Municipal Advisor

Chapter Three. Option One Mark-Up-To-Market. Overview. Section 3-1

MARKET WATCH: Twin Cities Trends in the unsubsidized multifamily rental market

Development & Builders Association Comments on the Implementation Tools 2009 Affordable Housing Discussion Paper

HCV Administrative Plan

CHAPTER Committee Substitute for Committee Substitute for House Bill No. 437

Residential Neighborhoods and Housing

Twin Cities Region Equitable Development Principles & Scorecard

City of Exeter Housing Element

Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN

Town of Yucca Valley GENERAL PLAN 1

Nassau County 2030 Comprehensive Plan. Housing Element (H) Goals, Objectives and Policies. Goal

HOUSING ELEMENT GOALS, OBJECTIVES, & POLICIES

PROFILE. Cultivate Hopkins Comprehensive Plan 8/21/18 DRAFT. Cultivate Hopkins Appendix B3: Housing 1

Community Development Committee For the Metropolitan Council meeting of March 25, 2015

2017 Sacramento Regional Affordable Housing Summit Monday, October 30, :35 a.m. 10:30 a.m.

Webinar Series for Comprehensive Plan Updates. Creating a Local Fair Housing Policy

The Low-Income Housing Tax Credit and the Hurricane Katrina Relief Effort

Overview of Major Rental Assistance Demonstration (RAD) Provisions

State of Rhode Island. National Housing Trust Fund Allocation Plan. July 29, 2016

New affordable housing production hits record low in 2014

HOUSING: LINKING TOOLS TO NEEDS

Connecticut Housing Finance Authority

Guidance on Amendment Procedures Updated April 3, 2014

P3 s and Affordable Housing, Implementing Mixed Income Neighborhoods:

Case 1:95-cv MJG Document 817 Filed 05/31/2006 Page 1 of 35 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

TOD and Equity. TOD Working Group. James Carras Carras Community Investment, Inc. August 7, 2015

Chapter 1 OVERVIEW OF THE PROGRAM AND PLAN

October 21, Dear Mr. Dorsey:

The Brookings Institution Metropolitan Policy Program Bruce Katz, Director

Opening Doors that Finance Fair Housing

GUIDANCE ON HUD S REVIEW OF ASSESSMENTS OF FAIR HOUSING (AFH)

4/18/2016. Preservation of Existing Affordable Housing Housing Summit Oklahoma City

GOVERNMENT CODE SECTION

10/22/2012. Growing Transit Communities. Growing Transit Communities Partnership. Partnership for Sustainable Communities

Housing Credit Modernization Becomes Law

Homeownership Work Group. May 9, 2018

CHAPTER 1 OVERVIEW OF THE PROGRAM AND PLAN

Housing Choice Vouchers Fact Sheet

ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title )

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC

March 3, 2017 Prepared by

AFFIRMATIVELY FURTHERING FAIR HOUSING

FAIR HOUSING: Serious Responsibility, Serious Liability

The Metropolitan Transportation Plan/Sustainable Communities Strategy and the SACOG Region s Housing Market. July 2013

GOAL SUMMARY Assessment of Fair Housing 2017, City of Ithaca, NY

Summary of Findings & Recommendations

The Affordable Housing Credit Improvement Act of 2016

TOWN OF LOS GATOS BELOW MARKET PRICE HOUSING PROGRAM GUIDELINES

Minnesota Housing Finance Agency Announcement in the April 19, 2008 Minnesota State Register

Community Development Committee Meeting date: November 20, 2017 For the Metropolitan Council meeting of November 29, 2017

Maintain its 10% set-aside for proposals involving the preservation and rehabilitation of existing multifamily rental housing in the final 2014 QAP.

ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title ) Table A

RECOMMENDATIONS OF SECTION 8 TASK FORCE TO TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS JULY 18, 2000

Warren Avenue - Weston Lottery Information Packet

TOPEKA HOUSING AUTHORITY 2010 SE CALIFORNIA TOPEKA, KANSAS AFFORDABLE RENTAL HOUSING PARTNERSHIP OPPORTUNITIES

Affordable Housing Case Studies: Massachusetts & Maryland

INCENTIVE POLICY FOR AFFORDABLE HOUSING

RECITALS. WHEREAS, the GMA requires counties to adopt county-wide planning policies in cooperation with cities within the County; and

INTRODUCTION REQUEST FOR PROPOSALS SUMMARY

HOUSING IMPLEMENTATION

APPENDIX B DESCRIPTION OF MAJOR FEDERAL LOW-INCOME HOUSING ASSISTANCE PROGRAMS

NORTH TEXAS REGIONAL HOUSING ASSESSMENT

2016 Vermont National Housing Trust Fund Allocation Plan

PO Box 1535 Bismarck ND Attn: Jennifer Henderson. Phone Number Mailing Address PO Box 1535, Bismarck ND

PROPOSED METRO JOINT DEVELOPMENT PROGRAM: POLICIES AND PROCESS July 2015 ATTACHMENT B

Public Housing: Rental Assistance Demonstration

Naturally Occurring Affordable Housing Preservation. March 1, 2018

Our Commitment to Fair Housing. Montgomery County, Pennsylvania

Goals, Objectives and Policies

PO Box 1535 Bismarck ND Attn: Jennifer Henderson

REQUEST FOR PROPOSALS (A )

Office of the Assistant Secretary, HUD 903.2

City of Chicago Keeping the Promise Ordinance. An ordinance concerning preserving affordable housing supported by City of Chicago funds.

Housing. Approved and Adopted by City Council November 13, City Council Resolution City Council Resolution

PLANNING AND FAIR HOUSING LAW

Transcription:

Overview of the Council's response to the fair housing complaint filed with HUD May 27, 2015 1

Overview of presentation Council s roles in housing Allegations in the fair housing complaint and Council s responses Council activities to promote affordable housing in high-opportunity communities 2

3 Council s roles in housing

Council s roles in housing Reviewing local comprehensive plans, including helping local governments define their share of the regional need for low- and moderate-income housing Funding housing development through the Metropolitan Livable Communities Act grant programs Providing rental assistance to low-income households Providing technical assistance to local governments to support orderly and economical development Collaborating with and convening partners and stakeholders to expand the regional housing dialogue 4

5 Allegations and responses

About the complaint Complainants: MICAH and the Cities of Brooklyn Center, Brooklyn Park, and Richfield Represented by Myron Orfield (local) and Michael Allen of Relman, Dane and Colfax in Washington, DC Filed with HUD on December 17, 2014 Council notified January 9, 2015 HUD is reviewing the complaint under Title VI of the Civil Rights Act and Section 109 of the Housing and Community Development Act of 1974 6

Allegation: Fair Share Housing Goals Under the Metropolitan Land Use Planning Act, the Met Council has the obligation and authority to set fair share housing goals and require communities to eliminate exclusionary zoning. Minn. Stat. 473.859 (2) (4). 7

Response: Minn. Stat. 473.859 a housing element containing standards, plans and programs for providing adequate housing opportunities to meet existing and projected local and regional housing needs, including but not limited to the use of official controls and land use planning to promote the availability of land for the development of low and moderate income housing. a housing implementation program, including official controls to implement the housing element of the land use plan, which will provide sufficient existing and new housing to meet the local unit's share of the metropolitan area need for low and moderate income housing. 8

Response: Fair Share Housing Goals Council may only require a city to modify its plan if the local comprehensive plan is more likely than not to have a substantial impact on or contain a substantial departure from metropolitan system plans. (City of Lake Elmo v. Metropolitan Council) Council reviews and comments on the consistency of the comprehensive plans with Council policy Allocation of Affordable Housing Need Cities guide adequate land at densities to support Need Cities that do not guide enough land are inconsistent with Council policy and are not eligible to participate in the Livable Communities Act programs 9

Allegation: Withholding funds It [the Council] also has the authority to withhold state and federal funds to local governments in the Twin Cities region that fail to meet such goals or that maintain exclusionary zoning communities. Minn. Stat. 473.172 Minn. Stat. 473.173 Met Council Housing Development Guide Chapter Policy 39 (1985). Despite its clear authority to withhold such funding pursuant to Policy 39, the Met Council is refusing to use its authority over the comprehensive plans of local governmental units to advance the provision of affordable housing in high opportunity communities. It [the Council] also has the authority to withhold state and federal funds to local governments in the Twin Cities region that fail to meet such goals or that maintain exclusionary zoning communities. 10 10

Response: Withholding state and federal funds Minn. Stat. 473.171 requires the Council to review other governments applications for federal grants, loans, loan guarantees, or state aid but only when review by a regional agency is required by federal or state law, or federal or state agency / program The Council is only to review and comment on applications submitted to the Council, not withhold funds. 11

Response: Withholding state and federal funds Minn. Stat. 473.173 addresses the procedure for reviewing matters of metropolitan significance: Effects on metropolitan systems (e.g., transportation / transit, wastewater treatment, regional recreation open space) Adverse effects on publicly-financed facilities Substantial physical effects on local governments other than the unit in which the proposed project is located Per state rules, metropolitan significance review is not intended to stop development but rather to work out differences among parties and arrive at consensus. 12

Response: Policy 39 Housing Development Guide (1985): In reviewing applications for funds, the Metropolitan Council will recommend priority in funding based on the local government s provision of housing opportunities for people with low and moderate incomes, and its plans and programs to provide such housing opportunities in the future. 13

Allegation: Requiring affordable housing Despite these [the Fair Housing and Equity Assessment s] findings, the Met Council continues to fail to use its authority to overcome these impediments to fair housing choice, by requiring local governmental units to provide their fair share of affordable housing 14

Response : Requiring affordable housing as the MLUPA reads currently, the Council does not have the power to compel or guarantee that cities will adopt official controls to implement housing plans that satisfy the MLUPA. it is the cities responsibility to address the need for low- and moderate-income housing. From Alliance for Metropolitan Stability v. Metropolitan Council 15

Allegation: Housing Policy Plan the Met Council released for public comment a new Housing Policy Plan that has the purpose and effect of increasing segregation by, inter alia, repealing the existing strong fair share policy, eliminating the Council s use of transportation and park funds to encourage compliance with communities statutory fair share obligations, and incentivizing affordable housing development along transit lines in areas of minority concentration and of racial transition. 16

Response: Housing Policy Plan Housing Performance Score used as a scoring criterion in the 2014 Regional Solicitation for federal transportation funding to incent local plans and policies to maintain and expand each city s stock of affordable housing. Regional parks implementing agencies: Housing never a criteria for regional parks funding By definition, regional parks serve more than one community 17

Response: Housing Policy Plan Create or preserve a mix of housing affordability around emerging transit investments (HPP, p. 37) 18

Allegation: LCA Goals under the auspices of the Livable Communities Act ( LCA ), the Met Council sets specific affordable housing goals for individual metropolitan communities. Over time, it has dramatically reduced the goals of predominately white outer-ring suburbs, while increasing the relative share borne by the heavily nonwhite and Hispanic central cities as well as by Complainant Brooklyn Park. 19

Response: LCA Goals In 1995, LCA goals were negotiated for 1996-2010: Originally defined as percentages of growth, subsequently converted to production goals In 2010, LCA goals were renegotiated for 2011-2020 to align with the Allocation of Affordable Housing Need Growth forecasts increased in the central cities 20

Allegation: LCA Funding In assigning LCA funding, the Met Council also employs a ranking system that provides additional affordable housing funds to communities that already rank highly in terms of affordable housing efforts, and holds back such funding for municipalities that rank poorly on such efforts. 21

Response: LCA Funding Competitive grant program based on applications Council can only award funds to cities and projects that apply for Livable Communities funding Local Housing Incentives Account: Preference to cities having lower Housing Performance Scores Livable Communities Demonstration Account: Held harmless for projects that help meet their affordable and life-cycle housing goals 22

Allegation: Land reverting to lower-density zoning As part of a continuing pattern and practice, the Met Council has also permitted the conversion of suburban land once zoned for high-density, affordable multifamily development to revert back to low-density zoning classifications, thereby destroying the opportunity to provide for integrative, affordable housing. 23

Response: Land reverting to lower-density zoning The Council maintains a running inventory of the land guided to meet each community s Allocation of Affordable Housing Need The Council monitors comprehensive plan amendments to assure that, even when amendments reguide land to lower densities, there continues to be more than sufficient land to meet their need. 24

Allegation: Low-Income Housing Tax Credits pursuant to authority from the State, the Met Council also exercises substantial discretion over the regional distribution of federal Low Income Housing Tax Credits, and has exercised that discretion with the purpose and predictable effect of locating a disproportionate number of LIHTC units in racially-segregated, low-income, lowopportunity communities. 25

Response: Low-Income Housing Tax Credits In 1991, per 1990 legislation, the Council convened a ten-member task force to develop a plan for allocating tax credits between Minnesota Housing and the tax credit sub-allocators that is, the Cities of Minneapolis and Saint Paul, and Dakota and Washington Counties The allocation plan neither identified specific projects nor specified areas where projects should be located. Minnesota Housing is responsible for the distribution plan; the Council does not have the authority to allocate tax credits. 26

Allegation: Concentration of affordable housing pursuant to authority from the State, the Met Council also exercises substantial discretion over the regional distribution of federal Low Income Housing Tax Credits, and has exercised that discretion with the purpose and predictable effect of locating a disproportionate number of LIHTC units in racially-segregated, low-income, lowopportunity communities. 27

Response: Concentration of subsidized affordable housing City Publiclysubsidized affordable units Share of region s publiclysubsidized affordable units Share of region s housing units Minneapolis 22,107 36.6% 15.1% Saint Paul 12,724 21.1% 10.1% Brooklyn Center 418 0.7% 1.0% Brooklyn Park 640 1.1% 2.3% Richfield 611 1.0% 1.3% 28

Response: Concentration of unsubsidized affordable housing City All affordable units Share of all affordable units Share of region s housing units Built before 1980 Minneapolis 141,055 16.6% 15.1% 83% Saint Paul 102,127 12.0% 10.1% 84% Brooklyn Center 10,919 1.3% 1.0% 81% Brooklyn Park 23,702 2.8% 2.3% 49% Richfield 14,625 1.7% 1.3% 87% 29

Response: Concentration of new affordable housing City New affordable units, 1996-2013 Share of new affordable units, 1996-2013 Share of region s housing units Share of new units, 1996-2013 Minneapolis 6,784 11.9 15.1% 8.6% Saint Paul 3,218 5.6% 10.1% 3.6% Brooklyn Center 32 0.1% 1.0% 0.05% Brooklyn Park 1,028 1.8% 2.3% 2.4% Richfield 327 0.6% 1.3% 0.4% 30

How the Council promotes affordable housing in highopportunity communities 31

Create housing options that give people in all life stages and of all economic means viable choices for safe, stable and affordable homes. 32

Council activities to promote affordable housing in highopportunity communities Funding for affordable housing development Planning an adequate supply of land Incentives for housing performance Housing Choice Vouchers Technical assistance to local governments Moral support to local governments 33 33

34 Questions?