Where Municipal Activities and
Fair Housing Intersect
Jerome Mapp
Erik Kingston
Jennifer Yost
Comprehensive Plan
• Local Land Use Planning Act of Idaho - 1975
• 67-6502. PURPOSE. The purpose of this act
shall be to promote the health, safety and
general welfare of the people of the state of
Idaho as follows:
• There are 17 Elements: § 67-6508
Comprehensive Plan
(a) To protect property rights while making
accommodations for other necessary types of
development such as low-cost housing and mobile
home parks.
(b) To ensure that adequate public facilities and
services are provided to the people at reasonable cost.
(c) To ensure that the economy of the state and
localities is protected.
(d) To ensure that the important environmental
features of the state and localities are protected.
Comprehensive Plan
(e) To encourage the protection of prime agricultural,
forestry and mining lands and land uses for production
of food, fiber and minerals, as well as the economic
benefits they provide to the community.
(f) To encourage urban and urban-type development
within incorporated cities.
(g) To avoid undue concentration of population and
overcrowding of land.
(h) To ensure that the development on land is
commensurate with the physical characteristics of the
land.
Comprehensive Plan
(i) To protect life and property in areas subject to
natural hazards and disasters.
(j) To protect fish, wildlife and recreation resources.
(k) To avoid undue water and air pollution.
(l) To allow local school districts to participate in the
community planning and development process so as
to address public school needs and impacts on an
ongoing basis.
(m) To protect public airports as essential community
facilities that provide safe transportation alternatives
and contribute to the economy of the state.
Comprehensive Plan
• Foundation for all the City Land Use
Ordinances and Plan:
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Subdivision Ordinances
Zoning Ordinances
Design Review (Ordinance or Administrative Policy)
Neighborhood Plans
Downtown Revitalization Plans
Parks & Recreation Plans
Landscape Plans and others
– Enforcement/Compliance
Comprehensive Plan
• Definitions:
– Consistent throughout all plans & ordinances
• Common Concerns:
– Definition of Family, Dwelling Unit, Single Family Dwelling
(I.C.67- 6531) and Group Homes
• Family is not just: One or more persons occupying a single dwelling
unit, provided that all members are related by blood or marriage,
no such family shall contain over five per persons.
Comprehensive Plan
• One option is to define Dwelling Unit: Dwelling Unit One or more rooms
designed for or used as a residence for not more than one family,
including all necessary household employees of such family, and
constituting a separate and independent housekeeping unit, with a single
kitchen permanently installed.
• A dwelling unit may be occupied by a family (related by blood or
marriage), by up to five unrelated individuals, or by any number of
physically or mentally handicapped or elderly persons as long as the
residential character of the dwelling is preserved. The physically or
mentally handicapped term includes reference to those currently
undergoing rehabilitation for drug or alcohol addiction. The term does not
imply or include types of occupancy such as lodging or boarding house,
club, sorority, fraternity, or hotel.
Comprehensive Plan
– Definition of Single Family Dwelling(I.C.67- 6531).
• For the purpose of any zoning law, ordinance or code, the classification
"single family dwelling" shall include any group residence in which,
eight (8) or fewer unrelated persons with disabilities or elderly persons
reside and who are supervised at the group residence in connection
with their disability or age related infirmity.
• Resident staff, if employed, need not be related to each other or to any
of the persons with disabilities or elderly persons residing in the group
residence.
• No more than two (2) of such staff shall reside in the dwelling at any one
time.
– Seek legal advice
Comprehensive Plan
Group Homes
– Review Case law in reference to Group Homes
– Seek legal advice
Comprehensive Plan
– Definition of Variance (I.C. 67-6516)
• Each governing board shall provide, as part of the zoning ordinance, for
the processing of applications for variance permits. A variance is a
modification of the bulk and placement requirements of the ordinance as
to lot size, lot coverage, width, depth, front yard, side yard, rear yard,
setbacks, parking space, height of buildings, or other ordinance provision
affecting the size or shape of a structure or the placement of the
structure upon lots, or the size of lots.
• A variance shall not be considered a right or special privilege, but may
be granted to an applicant only upon a showing of undue hardship
because of characteristics of the site and that the variance is not in
conflict with the public interest.
Comprehensive Plan
• Population
• School Facilities &
Transportation*
• Economic Development
• Land Use
• Property Rights*
• Natural Resources
• Hazardous Areas
• Public Services, Facilities &
Utilities
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Transportation
Recreation
Special Areas or Sites
Housing
Community Design
Agriculture*
Implementation
National Interest Electric
Transmission Corridors*
• Public Airport Facilities*
*New elements
Comprehensive Plan
• Schools Facilities & Transportation*
– To promote collaboration with local school
districts in the development of school facilities
– Location
• Proximity to housing
• Walkability
Comprehensive Plan
• Economic Development
– To promote economic development
• Historical placement of housing
• Proximity to services (grocery stores, healthcare, gov’t
services, schools, etc.)
• Proximity to employment centers
Comprehensive Plan
• Land Use
– To provide land use choices
• Location
• Disperse of types
• Group Homes (§ 67-6531)
– Less than 8 residents
– More than 8 residents
– Training Elected Official & Staff re: Fair Housing
Comprehensive Plan
• Property Rights*
– to ensure that land use policies, restrictions,
conditions and fees do not violate private
property rights
• Allowance by right vs CUP
• Define Variance
Comprehensive Plan
• Public Services, Facilities & Utilities
– plans for sewage, drainage, utility transmission
corridors, water supply, public safety services and
facilities, social service facilities, public service
facilities, schools, and related services. The plan
may also show locations of civic centers and public
buildings.
• Fees
• Location of public facilities
Comprehensive Plan
• Transportation
– Promote coordination and collaboration of
transportation services between transportation
jurisdictions
• Availability of service
• Walkability
• Transportation Options
Comprehensive Plan
• Parks & Recreation
– Promote indoor and outdoor recreational
opportunities and provide the facilities for
community participation.
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Location
Accessibility to Parks & Trails
Proximity to Affordable housing (multi-family housing)
Variety of park types (sports complex, tot lots,
neighborhood vs regional parks, etc.)
• Inclusive Design of Parks – all ability types can play
together
Comprehensive Plan
• Housing
– Promote an adequate supply of safe, sanitary
housing that meets the needs and provides
diversity in type, density and location with
emphasis on maintaining neighborhood stability
• Identify as many housing types as possible
• Disperse housing for protected classes
• There should be policies in your Comprehensive Plan
that further Fair Housing, such as,
Comprehensive Plan
Prohibiting discrimination in the sale or rental of
housing on the basis of age, race, color, religion, sex,
familiar status, national origin or handicap.
Informing the general public of their rights and
obligations under fair-housing laws and the grievance
procedures available in case of violation.
Promoting increased fair housing awareness among
Realtors, rental property owners developers,
builders and property managers.
Housing Choice
• Informed by needs and interests of residents
• Housing types/costs should reflect
demographics
• Housing types/costs should be distributed
throughout community
• Individuals should be able to live where they
choose and can afford
• Expanding housing choice is everyone’s job
Housing Terms and Types
Determined by age/ability/policy
independent—assisted—institutional
Determined by income (% of AMI)
shelter affordable workforce market-rate
0–30% 30–80%
80–140% >140%
Housing Types
• Housing Types:
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Multifamily / duplex / tri-plex
Single family detached / attached
Condos / townhouses /patio homes
Second story housing in commercial development
Tiny / Cottage / Manufactured homes
• PUD
• Large/small lots
– Congregate living
– Shelters / Transitional housing
– Accessory Dwelling Units (In-law flats)
Housing market dynamic
• Subprime meltdown/recession cost homeowners and
working families homes and jobs; stressed
communities
• Distressed assets acquired/held by absentee investors
• Increased demand for rentals drives up rents
• Credit/convictions follow tenants, limit rental options
• Section 8/subsidy impediments and waiting lists grow
• Young people, retirees seek small-footprint homes
Vacancy Rates
• Normal/healthy rate is between 5% and 7%
• Treasure Valley rate was around 15% in mid
2000s
• Current Treasure Valley rate between 1.9%
and 3.3%
• Housing shortage drives up rents
Housing Affordability
• Housing Affordability is:
– Relative
– No more than 30% of gross family income used for
housing & utilities
– No more than 45% of gross family income used for
housing, utilities & transportation*
– Represents a perpetual wage subsidy for local
employers
*www.htaindex.org
Housing Barriers
• Low Rental Vacancy Rate – drives up rents
– lack of affordable housing in the market & household income
insufficient to afford market-rate housing prices
– Insufficient availability of housing – lack of stock
– Discrimination may occur when demand is higher
• Restriction/Lack of funding for housing development
– Section 8 Vouchers
– No state funds – Housing trust fund
– Not all federal funds can be used directly for housing
• Costs (Location, Transportation, Utilities)
• Cultural and language barriers (refugees)
Factors Influencing Cost:
– Smaller lot size / square footage
– Density
– Design (factory vs. site-built homes)
– Allowing variety of types by right rather than CUP
– Accessory Dwelling Units
– In-fill development
– Fees – waivers or pool of funds
– Greenlighting – expedite for affordable
developments
Do Current Codes Serve Needs?
• Review building codes and zoning laws that
restrict housing use and types
– Defensible
– Necessary
– Net gain for community
Reasonable Accommodation
• What is an Accommodation?
• Good Customer Service
• Meeting the needs of the community
• Waiving an established process/procedure
• What is not an Accommodation?
• Abolishment of Land Use and Zoning Codes
• Taking on extra work
• Government Expansion
Reasonable Accommodation
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Risk Management
Case Law
Staff: Roles & Responsibility
Process/Procedures
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Required, regardless of established ordinance
CUP/Variance vs Administrative Permit
Appeals
Tracking/Reporting
• Confidentiality
– Privacy vs Public Information
Reasonable Accommodation
• 3 Elements to a RA Request
– Necessary
– Provides equal opportunity
– Reasonable
Reasonable Accommodation
• Requests can be:
– Specific or vague
– Written or verbal
– Formal or informal
• Listen for key phrases:
– I need this or I will die
– I’m on disability
– I will have to move if this is not allowed
Reasonable Accommodation
• Verification of Need (necessary):
– Is the disability obvious or not?
– Verifiable third party
• Does not need to be from a medical provider
• Do not contact the third party
Reasonable Accommodation
• Document Need (equal opportunity)
– Existence of Disability
• Document obvious disability or from third party
– Nexus between disability & RA request
• Obvious relationship or from third party
Reasonable Accommodation
• Is it reasonable? Does it:
– undermine the Land Use and Zoning Code?
– alter the nature of the Community or
neighborhood?
– create an undue financial or administrative
burden?
• Does it cost a substantial amount of funds?
• Does it create an ongoing need for oversight?
• Could it create an administrative burden in the future?
Reasonable Accommodation
• Notice of Determination
– Written letter
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Facts of the case
Verification of need
Reasonableness
Identify what will trigger a revocation
– Notify appropriate staff
– Tracking & File Retention
Questions & Answers
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