An Overview of Existing and Potential Programs to Increase the Supply of Affordable Workforce Housing in the City of Cape Coral, Florida City of Cape Coral Department of Community Development Planning Division PO Box 150027 Cape Coral, Florida 33915-0027 Phone: 239-574-0776 Facsimile: 239-574-0594 TABLE OF CONTENTS Introduction Scope of Problem Housing Needs in the City of Cape Coral Current Affordable Workforce Housing Funding Resources and Programs a) State Housing Initiative Partnership Program (SHIP) b) Community Development Block Grant (CDBG) Alternative Methods of Providing Affordable Workforce Housing a) Governmental Programs i) Inclusionary Zoning ii) Density Incentive Programs iii) Linkage Fees iv) Impact Fee Deferral c) Public/Private Partnerships i) Community Land Trusts ii) Employee Assisted Housing iii) Lease Purchase Programs iv) Limited Equity Cooperatives Appendices Financial Resources for Affordable Workforce Housing Inventory of State and Federally Assisted Rental Housing Income Limits for SHIP and CDBG Programs Southwest Florida Regional Planning Council Housing Policies and Local Initiatives – 2006 INTRODUCTION Traditionally, the City’s affordable workforce housing programs have been linked directly to the two funding sources the City receives to produce affordable housing, the State Housing Initiative Partnership (SHIP) Program and the Community Development Block Grant (CDBG) Program. While the two programs have been successful in the community, as real estate prices have been rebounding from the late 2000’s, these traditional programs have been unable to meet the increased demand for affordable housing in the City of Cape Coral. These programs, funded by City of Cape Coral grant funds, must be accompanied by other mechanisms and programs provided both publicly and privately to adequately meet the need for affordable workforce housing within the community. The purpose of this paper is to provide an overview of a number of different private and public programs that can assist in increasing the City’s supply of affordable workforce housing. The paper begins with a brief discussion on the scope of the problem at hand, continues with an overview of the City’s two existing programs, and finally provides a brief discussion of affordable workforce housing programs, their advantages and disadvantages and examples of these programs in Florida and other parts of the United States. It is important to note that a plethora of research has been done regarding affordable workforce housing solutions by a multitude of organizations and the solutions discussed within this paper are just a sample of those that might be applicable to the City of Cape Coral. 1 SCOPE OF PROBLEM The affordability of housing is an issue facing communities throughout the state of Florida and the nation. Federal housing policy has primarily linked housing problems to issues of poverty and welfare dependency and has focused on the needs of very low-income households. However, there are roughly three million families in our nation who have critical housing needs despite working full time. Experts believe that the ability to meet the housing needs of these working families is among the factors that impact a community’s stability and economic well being. The ability to afford housing is a function of income and housing prices. The cost of housing in Cape Coral is affected by: • More demand for housing fueled by investors and retirees • Increasing prices for existing residential properties • A demand for moderate priced homes The City is rapidly rebounding from the economic downturn that occurred in the late 2000’s. Affordable homeownership opportunities were abundant for low/moderate income households during this time due to low housing prices and significant federal investment through the Neighborhood Stabilization and Community Development Block Grant Program. It should be noted that while there was a large inventory of homes available at affordable prices, tighter lending policies and stagnant wages made purchasing difficult for this segment of the population without assistance. The median sales price of a single family home in Cape Coral has been increasing steadily since 2009. Incomes however, have not been increasing at the same rate. According to the Florida Housing Data Clearinghouse, the 2014 median sales price for a single family home in Cape Coral was $168,000. This is an increase of slightly over 61% since 2009. In contrast, incomes have not seen a commensurate increase. In the past year the Area Median Income (AMI) remained stagnant. According to HUD, the 2013 Area Median Income (AMI) for a family of four in the Cape Coral/Fort Myers MSA was $56,300, which means that half of the households in this area had annual incomes less than this amount and half have had incomes that were more. In 2014 Area Median Income (AMI) for a family of four in the Cape Coral/Myers MSA slightly increased to $58,000. In 2015, the Area Median Income (AMI) fell to $57,600. Housing is primarily a function of the private market and is influenced by economic factors such as financial feasibility and profitability. Government has played an increasing role in housing in response to the failure of the private market to provide housing that is affordable to certain households. Affordable workforce housing is housing that does not financially cost burden a family and that is safe and in decent condition. Federal government guidelines, primarily those developed by the U.S. Department of Housing and Urban Development (HUD), define affordable housing as costing an owner or renter no more than 30% of the household’s gross monthly income for housing costs, including utilities. The relationship between housing cost and income determines how affordable a community is to live in. If the housing prices are high and incomes are low, it is more likely that people will experience difficulty in affording housing and they are more likely to spend greater than 30% of their incomes on housing. Affordable workforce housing can be market rate housing or subsidized housing and the term evokes different meanings for different people. Some mistakenly equate affordable workforce housing with public housing for very low-income households. When used in the context of housing policy, affordable housing refers to single family and multi-family housing provided by the private sector with a mix of private and public funds for the purpose of providing housing that is affordable and available to low 2 and moderate income households. It is housing built by the private sector (for-profit and nonprofit) that is just like market rate housing, but made affordable through its method of financing. There are state and federal income guidelines that serve as thresholds for various housing programs. Income limits are set in accordance with federal statutes that use four person income limits as a starting point. As stated previously, this number in the Cape Coral/Fort Myers MSA is $57,400. Federal guidelines generally define very low income as less than 30% AMI, low income as greater than 30% but no more than 50% AMI, and moderate income as greater than 50% but no more than 80% AMI. When used by the federal government, “low and moderate income” refers to all households with income at or below 80% AMI. The state uses a different definition that includes very low income as a household that does not exceed 50% AMI, low income as a household income that does not exceed 80%, AMI and moderate income as a household income that does not exceed 120% AMI. The City of Cape Coral guidelines for eligibility for various affordable housing programs uses the following income level definitions: Very Low - households with annual gross income of less than 50% of AMI Low - households with annual gross income of less than 80% of AMI Moderate - households with annual gross income of less than 120% of AMI 3 HOUSING NEEDS IN THE CITY OF CAPE CORAL The following section is an overview of housing needs/market analysis in the City from the City’s Five Year Consolidated Plan 2015-2019 prepared for the Department of Housing and Urban Development. According to the 2007-2011 American Community Survey Five Year Estimates, the City of Cape Coral had a total of 76,414 housing units, of which 56,002 or 73.3% were occupied-housing units and 20,412 or 26.7% were vacant housing units. In Cape Coral single family housing units comprised of 60,373 or 79%of the total housing units. While, 13,674 or 21% were multi-family housing units, and less than 1% [322] were mobile homes structures. The most common bedroom size for owner-occupied housing units in Cape Coral is three bedrooms at 88%of the total units. PROPERTY TYPE 1-UNIT DETACHED STRUCTURE 1-UNIT, ATTACHED STRUCTURE 2-4 UNITS 5-19 UNITS 20 OR MORE UNITS MOBILE HOME, BOAT, RV, VAN, ETC TOTAL Data Source: 2007-2011 ACS Residential Properties by Unit Number NO BEDROOM 1 BEDROOM 2 BEDROOMS 3 OR MORE BEDROOMS TOTAL Data Source: 2007-2011 ACS Unit Size by Tenure NUMBER % 60,373 2,022 4,741 6,204 2,729 345 76,414 OWNERS NUMBER 23 198 4,883 36,862 41,966 79% 3% 6% 8% 4% 0% 100% RENTERS % NUMBER 0% 0% 12% 88% 100% 72 941 4,772 8,251 14,036 % 1% 7% 34% 59% 101% There is a gap between number of affordable housing units in Cape Coral and the number of households who need affordable housing. According to 2008-2012 CHAS data twelve thousand (12,000) households (both renter and owner) report a housing cost burden greater than 50% of their income. An additional 25,705 reported a housing cost burden greater than 30% of their income. Participants in public meetings for the preparation of the City’s Consolidated Plan and the Regional Analysis of Impediments to Fair Housing Choice indicated a need for affordable rental units in Cape Coral, especially for families, the disabled and elderly. Additionally, local agencies implementing ownership oriented affordable housing programs report long waiting lists for participation in their programs. Affordable housing is needed, and varied options, whether those be single family detached or multifamily units, to meet the demands of the population as well as to address the forecasted growth. In reviewing US Census data and anecdotal evidence it is evident there is a lack of diversity in the types of housing in Cape Coral. The City of Cape Coral is a relatively young City that was developed as a pre- 4 platted subdivision, which consists of a large number 10,000 square foot single family lots. This presents a challenge when attempting to develop what would be thought of as traditional rental housing in the form of apartments. Seventy nine percent of developed housing units in Cape Coral are single family. Only 4% of the housing stock contains twenty or more units. Suffice to say, the majority of Cape Coral residents live in properties with less than twenty units. This number is consistent with the nation as a whole where 75% of all renters live in building with 19 or fewer units and of this, 52% live in buildings with one to four units. Small rental developments house the most of the nations low income renters. According to Multifamily Rental Housing, a background paper for the Millennial Housing Commission Finance Task Force, over 70 percent of all lower-income households live in one-to fourfamily properties. These small scale rental portfolios are difficult to maintain and less profitable for owners, making it more likely that these low cost properties will be permanently lost from the affordable housing stock. By introducing additional housing types, the City will be able to maintain a larger, more diverse, and more permanent affordable housing inventory. COST OF HOUSING This section provides an overall picture of housing costs within the City of Cape Coral. Information provided will detail housing cost trends, rent trends, fair market rents, and the overall affordability of the local housing market. BASE YEAR: 2000 MEDIAN HOME VALUE MEDIAN CONTRACT RENT Data Source: 2009-2013 ACS Cost of Housing RENT PAID LESS THAN $500 $500-999 $1,000-1,499 $1,500-1,999 $2,000 OR MORE TOTAL Data Source: 2009-2013 ACS Rent Paid % UNITS AFFORDABLE TO HOUSEHOLDS EARNING 30% HAMFI 50% HAMFI 80% HAMFI 100% HAMFI TOTAL 106,500 696 MOST RECENT YEAR: 2013 181,900 1,058 NUMBER % CHANGE 71% 52% % 1,190 15,826 9,950 2,599 192 29,757 RENTER OWNER 200 1,065 7,345 NO DATA 8,610 5 4% 53% 34% 8% 1% 100.0% NO DATA 2,535 7,215 12,300 22,050 % UNITS AFFORDABLE TO HOUSEHOLDS EARNING Data Source: 2007-2011 CHAS Housing Affordability RENTER MONTHLY RENT ($) EFFICIENCY 1 (NO BEDROOM BEDROOM) FAIR MARKET RENT 700 705 HIGH HOME RENT 646 693 LOW HOME RENT 512 548 Data Source: US Department of HUD Fair Market Rents Monthly Rent OWNER 2 BEDROOM 893 834 658 3 BEDROOM 1,212 956 761 4 BEDROOM 1,247 1,047 849 The City is rebounding from the economic downturn in the late 2000’s. Affordable homeownership opportunities were abundant for low/moderate income households during this time due to low housing prices and significant federal investment through the Neighborhood Stabilization and Community Development Block Grant Program. It should be noted that while there was a large inventory of homes available at affordable prices, tighter lending policies and stagnant wages made purchasing difficult for this segment of the population without assistance. The median sales price of a single family home in Cape Coral has been increasing steadily since 2008/2009. Incomes however, have not been increasing at the same rate. According to the Florida Housing Data Clearinghouse, the 2014 median sales price for a single family home in Cape Coral was $168,000. This is lower than the statewide median sales price of $185,000. Below is a chart showing the median sales price of homes in Cape Coral from 2000 through 2014 and the increase since this time and the area median income for the Cape Coral/Fort Myers MSA. Median Sales vs. Median Income Cape Coral 2000-2014 Source: Florida Housing Data Clearinghouse The increase in prices, dormant wages, poor credit history and access to financing are impacting the ability for low/moderate income households to purchase homes in Cape Coral. Using data from the Comprehensive Housing Analysis Survey, from the US Department of HUD, we are able to examine the number of properties available to low/moderate income households in Cape Coral for homeownership. For the purpose of this analysis, extremely low income (ELI) households, 6 households earning less than 30% the Area Median Income (AMI) were not included in ownership estimates, while persons making 80-100% the Area Median Income (AMI) have been included. The table below illustrates a gap in ownership units available and affordable to households earning between 3050% the Area Median Income. For every 100 Low Income Households, there are 63 units available. These numbers start to improve in the higher income levels however, as prices increase, gaps will begin to be seen in these groups as well. HOUSEHOLDS INCOME >30% - 50% AMI 63 AFFORDABLE UNITS PER 100 OWNER HOUSEHOLDS Data Source: City of Cape Coral Planning Division Affordable Units per 100 Owner Households HOUSEHOLD INCOME >50% -<80% AMI 122 >80% 100% AMI 290 Over the past five years, rents have risen while the number of renters who need moderately priced housing has increased. These two pressures make finding affordable housing even tougher for very poor households in America. According to the Urban Institute, for every 100 extremely low-income (ELI) renter households in the country, there are only 29 affordable and available rental units. In Lee County, for every 100 extremely low-income (ELI) renter households in the county, there are only 9 affordable and available rental units. As defined by the Department of Housing and Urban Development (HUD), extremely low-income households earn 30 percent or less of area median income. In Cape Coral, for every 100 extremely low-income (ELI) households, there are only 11 units of affordable rental available. From the table below, it is apparent that this gap in affordable rental is evident in renter households making less than 50% the area median income. This data is consistent with information from social service agencies at scoping meetings held with the Department of Community Developments Planning Division. At these meetings, affordable rental housing and homeless services and housing were identified as a significant problem in Cape Coral. HOUSEHOLDS INCOME <30% AMI 11 HOUSEHOLD INCOME >30% AMI - <50% AMI 46 AFFORDABLE UNITS PER 100 RENTER HOUSEHOLDS Data Source: City of Cape Coral Planning Division Affordable Units per 100 Renter Households 7 HOUSEHOLD INCOME >50% AMI - 80% AMI 214 AFFORDABLE HOUSING FUNDING RESOURCES This section will review the two primary sources of affordable housing funding utilized by the City of Cape Coral: State Housing Initiatives Partnership Program (SHIP) and the Community Development Block Grant (CDBG). While the Neighborhood Stabilization Program has been the primary funding source utilized to provide affordable housing since 2009, this program has not been included because it was a onetime grant received by the City. Potential sources of state and federal funding available to the private sector will be provided within the appendix of the document. SHIP Program Description SHIP provides funds to local governments as an incentive to create partnerships that produce and preserve affordable homeownership and multifamily housing. The program was designed to serve very low, low and moderate-income families. SHIP funds are distributed on an entitlement basis to all 67 counties and 48 Community Development Block Grant entitlement cities in Florida. The minimum allocation a local government agency can receive is $350,000. In order to participate local governments must establish a local housing assistance program by ordinance; develop a local housing assistance plan and housing incentive strategy; amend land development regulations or establish local policies to implement the incentive strategies; form partnerships and combine resources in order to reduce housing costs; and ensure that rent or mortgage payments within the targeted areas do not exceed 30 percent of the area median income limits, unless authorized by the mortgage lender. SHIP dollars may be used to fund emergency repairs, new construction, rehabilitation, down payment and closing cost assistance, impact fees, construction and gap financing, mortgage buy-downs, acquisition of property for affordable housing, matching dollars for federal housing grants and programs, and homeownership counseling. SHIP funds may not be used to assist mobile homes or manufactured housing; however, manufactured buildings with the Florida Department of Economic Opportunity insignia are eligible. A minimum of 65 percent of the funds must be spent on eligible homeownership activities; a minimum of 75 percent of funds must be spent on eligible construction activities; at least 30 percent of the funds must be reserved for very-low income households (up to 50 percent of the area median income or AMI); an additional 30 percent may be reserved for low income households (up to 80 percent of AMI); and the remaining funds may be reserved for moderate income households (up to 120 percent of AMI). In addition, recent legislative changes have included a 20 percent set-aside requirement for persons with special needs. It is important to note that no more than 5 percent of SHIP funds may be used for administrative expenses. However, if a local government makes a finding of need by resolution, a local government may use up to 10 percent for administrative expenses. The City of Cape Coral has passed such a resolution and utilizes 10% of its funds for administration. Funding for this program was established by the passage of the 1992 William E. Sadowski Affordable Housing Act. Funds are allocated to local governments each month on a population-based formula. These funds are derived from the collection of documentary stamp tax revenues, which are deposited into the Local Government Housing Trust Fund. Total actual disbursements are dependent upon these documentary stamp collections. The following graph shows the City’s historical SHIP allocation. 8 City of Cape Coral Historical SHIP Allocation $1,800,000.00 $1,600,000.00 $1,400,000.00 $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $- The City of Cape Coral Local Housing Assistance Plan The LHAP details the program activities and management plan for the use of these funds through partnerships with public and private for-profit and not-for-profit entities to produce and preserve affordable housing in the City of Cape Coral. Funding is awarded to organizations such as the Cape Coral Housing Development Corporation, Habitat for Humanity of Lee and Hendry Counties, Goodwill Industries and other eligible not-for-profits. The Local Housing Assistance Plan (LHAP) adopts ten affordable housing strategies. The following is a brief description of the primary strategies utilized. 1. Purchase Assistance New Construction The City of Cape Coral provides counseling and financial assistance to homebuyers through its Purchase Assistance New Construction strategy. This strategy allows homebuyers to purchase a newly constructed home through a program operated by a sponsor organization. The financial assistance is provided in the form of a deferred forgivable loan to income-eligible and qualified homebuyers purchasing a home only within the City. The deferred forgivable loan is subordinate to the first mortgage and is for a term of fifteen (15) years, which is issued and held by the City. The subordinate mortgage remains at full face value until its expiration or upon its recapture. Upon expiration at the end of the fifteenth year, the loan is forgiven and becomes a grant. 2. Purchase Assistance With Rehabilitation The City of Cape Coral provides counseling and financial assistance to homebuyers through its Purchase Assistance with Rehabilitation strategy. This strategy allows homebuyers to either purchase a rehabilitated home through a program operated by a sponsor organization. The financial assistance is provided in the form of a deferred forgivable loan to income-eligible and qualified homebuyers purchasing a home only 9 within the City. The forgivable loan is subordinate to the first mortgage and is for a term of fifteen (15) years, which is issued and held by the City. The subordinate mortgage remains at full face value until its expiration or upon its recapture. Upon expiration at the end of the fifteenth year, the loan is forgiven and becomes a grant. 3. Owner Occupied Rehabilitation The City of Cape Coral provides financial assistance to income eligible city residents, whose single-family homes are in need of rehabilitation through this strategy. For the purpose of this strategy, single-family homes include: free standing single-family homes, condominium units, and duplexes that have a separate strap and fee simple ownership. This strategy allows for established homeowners, who reside within city limits, and are income eligible to receive financial assistance through an established program operated by a sponsor organization. The financial assistance will be in the form of a deferred payment no interest ten-year loan, issued to a qualified property owner. The deferred payment loan will be subordinate to a first and/or second mortgage that is in good standing. At the end of the tenth-year, the loan will be forgiven and become a grant. Rehabilitation is limited to repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations and/or barrier removal for accessibility by physically challenged individuals. Under this strategy, funding assistance may also be provided for emergency repairs, including but not limited to, repairs performed by existing service providers under weatherization assistance programs under §409.509 - 409.5093 Florida Statute. 4. Down Payment/Closing Cost Assistance The City of Cape Coral provides down payment/closing cost assistance to firsttime homebuyers purchasing existing, eligible housing. This strategy differs from the homeownership strategy because clients eligible for this strategy must purchase the real estate from either a private person, through a realtor, and or through a builder. The homeownership purchase assistance strategy requires the client to purchase either a rehabilitated home or a newly constructed home through the sponsor agency only and provides a greater subsidy to the client. This strategy allows qualified applicants to receive a ten (10) year, no interest, and deferred payment loan based on income classification to assist with down payment and closing costs. The deferred payment loan will be subordinate to the first mortgage. At the end of the tenth year, the loan will be forgiven and become a grant. 5. Senior Housing Rental Assistance The City of Cape Coral provides assistance to eligible sponsor organizations for the production of affordable, senior, rental housing. This strategy will provide for partnering with for-profit developers and sponsor agencies for the construction of rental units to serve elderly persons within the City. 6. Special Needs Rental Assistance 10 Under this strategy, the City provides funding for acquisition, rehabilitation, and modification of rental housing for persons with disabilities as defined in Rule 6737.002(11). This strategy provides income eligible household modifications and/or assistive technology modifications needed to increase independence, maximize safety, reduce expenditures on equipment and allow for individual development in their homes. CDBG Program Description The City of Cape Coral is an entitlement community receiving Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development. The City has been a recipient of these funds since 1981. The Community Development Block Grant (CDBG) Program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of the program is described in 24 CFR § 570.2. The primary objective of the Title I of the Housing and Community Development Act of 1974, as amended, and of the community development program of each grantee under the title is the development of viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low and moderate income. CDBG funds can only be used incompliance with the national objectives of the program. Participating communities must certify that the projected uses of funds have been developed as to give maximum feasible priority to activities that will carry out one of the national objectives of: benefiting low and moderate income families, aiding in the prevention of slum and blight and addressing urgent needs. The CDBG program requires that 70% of all funds are used to benefit low and moderate income individuals. The City of Cape Coral exceeds this threshold; 100% of the City’s grant funds are used to benefit low and moderate income persons. The following graph shows the City’s historical CDBG allocation. City of Cape Coral Historical CDBG Allocation $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00 $1985 1990 1995 2000 2005 2010 2011 2012 2013 2014 2015 The City’s goals and objectives for the CDBG program are contained within the 2015-2019 Consolidated Plan. This five-year plan identifies the community’s affordable housing, community development and economic development needs and outlines a comprehensive and coordinated strategy for addressing 11 them. Using CDBG funds and by leveraging other public and private investment, the City of Cape Coral will: Increase Access to Affordable Housing; Increase Access to Public Services; Increase Economic Opportunity; Decrease Homelessness; and Improvements to Public Facility and Infrastructure. The identification of these strategic priorities is a product of extensive consultation with community stakeholders combined with data from the U.S. Census and other sources that indicates specific housing and community development needs in the City of Cape Coral. City’s Role in Affordable Housing The 1985 Growth Management Act, requires every local government in the state adopt a housing element that addresses adequate and affordable housing for all of its current and anticipated populations. Local governments must ensure that adequate sites are available for affordable housing including housing for those with special needs and the most vulnerable populations. The City’s role for furthering affordable housing has historically been as a facilitator for implementing the City’s Local Housing Assistance Plan’s strategies, the Community Development Block Grant program’s Action Plan, and the goals and objectives contained in the Housing Element of the City’s Comprehensive Plan. The housing providers are 501 (c) 3 not-for-profit agencies, who have formed public/private partnerships with the City to allow for the construction and rehabilitation of affordable housing units. The private sector has contributed limited amounts of affordable housing including, but not limited to, senior rental housing, multi-family and single family residential units. 12 ALTERNATIVE METHODS OF PROVIDING AFFORDABLE WORKFORCE HOUSING PUBLIC PROGRAMS There are a number of methods and programs for facilitating the production of affordable workforce housing at the public level. It is important to note that the programs discussed throughout this paper are merely a select few, of many available, that staff feels could be used in the City of Cape Coral. These programs can be utilized individually or together to facilitate the production of affordable workforce housing by the private sector. A description, examples, and the advantages and disadvantages are discussed for each program. Inclusionary Zoning Inclusionary zoning is a local zoning ordinance or land use policy that either requires or encourages housing developers to include a specified percentage (usually 10 to 20 percent) of low and/or moderate income housing in new residential developments. The ordinance must include a clear definition of the “affordable” units whose inclusion in a development will meet ordinance requirements. The ordinance should specify the household income levels for which units must be affordable. Typically, inclusionary housing programs target families at the very low (50 percent of the area median income) and low (80 percent of the area median) income levels; some programs also include units for families with moderate incomes (120 percent of the area median). In order to make the inclusionary zoning work, many communities, provide a "density bonus" to developers; that is, within local planning constraints, a builder is granted the ability to build, in most cases, 15 to 25 percent more units in the subdivision than otherwise would be allowed. The ordinance also should specify the minimum size of developments that will be subject to mandates. It is reasonable to exclude very small developments from the ordinance. However, if the inclusionary housing program is mandatory, the minimum development size should be relatively low so that the program does not simply encourage the building of slightly smaller developments. For example, setting the minimum development size at 75 units could result in a spate of 74-unit developments that do not include affordable units. Example: The City of Tallahassee, FL introduced Inclusionary Housing Ordinance in 2006 with the following main features: Applies to new developments in specified locations within the City of Tallahassee Mandatory compliance At least 10% of the housing units in the development must be priced at no higher than $159,378 and sold to eligible households or 15% of the housing units must be rented at affordable rates and rented to eligible households. A variety of development incentives, including a 25% density bonus, design flexibility, and transportation concurrency exemption are available in exchange for providing the inclusionary housing. 13 The requirements apply to all developments of 50 or more housing units in applicable areas. In addition to providing inclusionary housing within their development, additional methods of compliance will be available, including payment of a fee in-lieu into the City’s inclusionary housing trust fund, and providing inclusionary housing at “off-site” locations. Development incentives are available only when inclusionary housing is provided on site, within the “primary development.” The City of Cape Coral Planning staff recently contacted the City of Tallahassee to inquire about the implementation, challenges, and progress in creating affordable housing units via inclusionary zoning method. Tallahassee staff provided the following information: Tallahassee housing staff recognizes that the past downturn in Florida’s housing market has hampered the City’s ability to generate affordable housing using this method. In the period from 2006 to present, only two developments over fifty housing units took place in Tallahassee. As a result, in the past nine years, only ten affordable housing units were created using inclusionary zoning tool in this community. The Inclusionary Housing Ordinance is still in place and the City anticipates more affordable units will be created once construction picks up the pace. Tallahassee staff plans to revisit this ordinance to revaluate the requirement of what is considered to be the value of an affordable housing unit. Currently, the Ordinance states $159,378 is the value of one affordable housing unit, however, Tallahassee staff would like to revise this number so it better reflects current market conditions in their City. In 2007, The City of Tallahassee Inclusionary Housing Ordinance was challenged by the Florida Home Builders Association as an unlawful taking, a violation of substantive due process, and an unlawful tax. The Circuit Court of the Second Judicial Circuit granted summary judgment in favor of Tallahassee on all three counts. The trial court found the inclusionary housing ordinance to be a land use regulation under the City’s police power and not taking of any type. Advantages: Tried and true in various parts of the country. As long as compensation is provided to the developer (as in a density bonus that would allow more intensive development to enable the developer to recapture what the locality has required him/her to produce below what the market would sustain), “takings” challenges in the courts (Fifth Amendment prohibition of taking property without just compensation) can be avoided. Affordable units can be blended into market-rate developments, to minimize impact on marketrate re-sales and to avoid concentrations of lower-priced units. Inclusionary zoning programs do not generally require the expenditure of local tax dollars to fund the construction of affordable housing units Inclusionary programs avoid the problems of over concentration, isolation, and stigmatization of affordable housing units, by integrating them into housing developments located throughout the community. Disadvantages: Additional staff required and extra administrative costs. 14 Density Incentives and Other Incentive Zoning Techniques This type of ordinance allows increased density, reduction in lot size, and other incentives as quid pro quo for the provision of low and moderate income housing. A density bonus allows a developer to build more units within a project than would otherwise be permitted under normal density limits. In some jurisdictions around the country, incentive programs allow for a variation of paying an “in-lieu” fee, rather than actually constructing the affordable units within the project. This option is allowed, and sometimes encouraged, in order to provide the developer with the option of paying money rather than impacting the perceived marketability of the project by including mixed household incomes within it. The “in-lieu” fee is often set at a level necessary to serve as equity in an off-site affordable project on a per unit basis, not the entire development cost of that unit. This approach is followed because affordable housing developers can utilize the equity amount to leverage debt on the units, thereby minimizing the payments collected from the market rate developer, and maximizing the number of affordable units built elsewhere. Incentive based zoning programs do not always have to rely on additional density as the incentive. Other types of incentives include design flexibility, expedited permitting, and/or reduced bulk requirements. Key to a density incentive based program is a strong residential real estate market, where a developer desires to obtain additional market rate unit entitlements and is confident that each additional unit will be marketable and contribute the expected profit to the project. In many strong residential markets, land costs also tend to rise – the option of providing affordable units in exchange for additional market rate units at zero additional land cost can therefore be especially attractive in these cases. Currently, The City of Cape Coral has a density incentive program for two zoning districts. In the South Cape and Marketplace Residential zoning districts developers are eligible for increased density by utilizing choices from a number of categories, including affordable housing. Developers are allowed to provide the units on site, provide the units off site, or pay an in lieu fee to an affordable housing trust fund. To date, this has been utilized for one project located in the South Cape. Example: Tallahassee, FL: The City of Tallahassee utilized a variety of incentives in their affordable housing programs prior to the adoption of their inclusionary zoning ordinance. These incentives included the following: Additional Development Density. Any development providing inclusionary housing pursuant to this section is entitled to a 25% increase in allowable density above that otherwise established by the zoning district in which the development is located. Design Flexibility. The developer of inclusionary housing developments shall be eligible to obtain greater flexibility in development design through application of the following: Choice of Housing Type. Inclusionary housing units may be provided as single family, duplex, townhouse units, or cluster development within the RP-1, RP-2, and RP-MH zoning districts. In all other zoning districts, inclusionary housing units may be provided as single family, duplex, triplex, or townhouse units or as units intended for owner occupancy in a condominium, or multifamily residential structure, provided that the height, setbacks, massing and exterior appearance of the inclusionary units is consistent with other residential units within the development in which they are 15 located. Alleviation of Setback and Lot Size Requirements Internal to the Development. Housing units (both inclusionary and "non-inclusionary") shall not be subject to yard setback requirements, except for yards adjacent to the exterior boundary of the primary development. Housing units (both inclusionary and "non-inclusionary") shall not be subject to minimum lot size requirements, except where lots are located adjacent to property outside of the primary development. Alleviation of Buffering and Screening Requirements Internal to the Development. Inclusionary housing units shall not be subject to buffering and screening requirements for purpose of mitigating incompatibility within the primary development. Where adjacent to property outside of the primary development, inclusionary housing units shall be subject to those buffering and screening requirements as set out in this Code as may be applicable. Expedited Review. The developer of an inclusionary housing development shall be eligible for expedited development review. The Growth Management Department shall expedite the review of the application to the fullest extent permitted by law and shall notify other reviewing departments/agencies that the application is required to receive expedited review. Expedited applications are to be reviewed prior to other applications filed on the same date or in the same application period, except for other applications including inclusionary housing or workforce housing. This provision shall apply to site and development plan applications, subdivision applications, environmental permits, as well to building permits for individual inclusionary units. Modified Criteria for Deviations to Development Standards for Developments Incorporating Inclusionary Housing. Deviation(s) to development standards not already addressed by the Design Flexibility incentive, above, may be obtained through demonstration of compliance with the following criteria: 1. The request for deviation shall specify the standard(s) to be deviated, the extent of deviation, and where the deviation will apply (requests for deviations to setbacks should be expressed in terms of linear feet and, requests for deviations to lot sizes should be expressed in square footage; requests may provided on a graphic plan); 2. The deviation shall not result in an increase in gross residential density for the development in excess of the density bonus provided by this section; 3. The deviation shall not result in conditions detrimental to the public's health, safety, or welfare; and, 4. The granting of this deviation shall be consistent with the intent and purpose of this section and the Tallahassee-Leon County Comprehensive Plan. There is no fee for deviations requested in conjunction with the development of the inclusionary housing. 16 Transportation Concurrency Exemption. Any inclusionary units provided, less than or equal to 10% of the total number of units in the development, and any provided through use of the density bonus, shall be exempt from Transportation concurrency requirements. Additional incentives. Additional incentives inclusionary housing may be requested. The City Commission may grant additional incentives through approval of a development agreement pursuant to Section 163.3220, Florida Statutes ("163 Development Agreement") or Planned Unit Development Concept Plan. Advantages: Ordinances based on developer incentives, such as density bonus programs, offer a positive alternative to mandatory programs that may be resisted by local developers. Voluntary programs allow developers to determine for themselves whether participation will be cost effective. Disadvantages: Additional staff required and extra administrative costs Linkage Fees Commercial linkage strategies tie new economic development to the construction and maintenance of affordable housing or other community needs. Most linkage programs do this by requiring developers of new commercial properties to pay fees (usually assessed per square foot of development) to support affordable housing. Some programs give developers the option to actually construct the affordable units. In exchange for compliance, developers receive their building permits. Established by legislation or ordinance, linkage strategies are an important vehicle for ensuring that community benefit is derived from commercial development. Revenues collected under these programs are typically deposited into a trust fund or count dedicated for funding moderate-, low- and very low- income housing. Most programs include broad purpose statements when describing how the funds will be spent. This provides flexibility to address needs as they change over time. Typically, local agencies design the fund to assure total flexibility on a variety of important factors, such as the type of affordable housing (e.g. single family, multifamily), type of ownership, income targeting, acquisition and preservation needs, services (e.g. financial assistance and homeownership counseling) and potential partners (e.g. nonprofit developers, for profit developers, service providers). In metropolitan areas experiencing growth, commercial development (usually office or retail space) often outpaces affordable housing production. This can create a jobs-housing imbalance, meaning there are not enough places for workers to live in the vicinity of their jobs. A jobs-housing imbalance can drive up prices in the local housing market, forcing some people out. Low-income people and communities of color are often the most acutely affected. A jobs-housing imbalance also leads to long commutes and traffic congestion as workers live farther from jobs, which affects the entire region. Linkage programs seek to correct this imbalance by tying the construction and maintenance of the affordable housing stock to commercial growth. 17 Example: The City of Coconut Creek, FL adopted affordable housing linkage fee to be paid at the time of the issuance of building permits for all non-residential development. The amount of the fee is hereby established per the following table: Type of Use Linkage Fee Industrial Commercial Office Hotel Limited service hotel $0.37 per square foot $1.36 per square foot $0.15 per square foot $2.42 per square foot $0.70 per square foot The affordable housing linkage fee shall be assessed for all new non-residential construction, nonresidential construction within a mixed-use project, building additions and on the renovation of existing buildings and building space when the building permit value of the renovation or improvement exceeds fifty (50) percent of the replacement cost of the building or building space at the time of the construction. As an alternative to payment of the housing linkage fee, a developer of non-residential project or mixeduse project may submit a request to produce affordable housing units, which request can be granted in the form of a developer's agreement approved by the city commission. The following buildings constructed within the city shall be exempt from the affordable housing linkage fee: Non-residential building construction that constitutes the exempt use of property for education, religious, charitable or governmental use, as defined by F.S. ch. 196, or that is used for such purposes by organizations which qualify for exemption from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Interpretations or doubts as to the applicability of these exemptions shall be decided by the director of development services. Affected parties may appeal any such decision to the city commission. If a development is exempt from the fee at initial construction, but later converts to a new nonresidential development project, the converted square footage will be deemed net new nonresidential square footage and the housing impact fee paid shall be a condition of the building permit certificate of occupancy The City of Coconut Creek established affordable housing linkage fee trust fund. All linkage fees collected shall be deposited within this fund, and shall be expended only for those purposes budgeted and authorized by the city commission. The city commission shall use the funds deposited within the affordable housing linkage fee trust fund for the following purposes: Construction of affordable housing units. Acquisition of land for affordable housing unit construction. Assistance for first-time home buyers, following guidelines to be adopted and established by the city commission by resolution. Preservation of existing affordable housing supply. 18 Rental assistance and relocation assistance. Reasonable administrative costs and expenses of the program. The above list is not exhaustive, and the city commission by resolution may add or remove alternative affordable housing programs. Advantages: Linkage programs assure that major employment generators provide close-in living for the new work force, thus relieving the housing crunch and workforce commuting otherwise created Linkage programs do not generally require the expenditure of local tax dollars to fund the construction of affordable housing units Disadvantages: Could “scare-off” potential employers who can build in the same market in a different jurisdiction that has no linkage requirements. Impact Fee Deferral Program Eliminating, reducing, or deferring development fees is an incentive cities can offer to housing developers to encourage them to build lower cost housing. Impact fee deferral can reduce the cost of housing when the savings are passed on to the buyers or renters. In some states, cities can waive the fees, in others, cities collect then reimburse after compliance is determined. In some cases, all fees related to residential development are included (school and traffic impact fees, water and sewer fees, park fees, building permit fees), in other cases only some fees are waived. Example: Hillsborough County, FL: Hillsborough County offers impact fee relief from Transportation, Parks, and Fire impact fees for affordable single family homes and multi-family rental developments (multi-family projects are subject to an annual cap). This relief is available to owner occupied households or in the case of multi-family projects, units that will be set-aside, whose total annual anticipated gross income does not exceed 80% of the Median Annual Income adjusted for family size for households within the metropolitan statistical area. Up to 96% of the impact fees are paid for multi-family projects that include amenities such as on-site daycare. A seven year restrictive covenant is placed on the property in order to preserve the affordable nature of the property. The Affordable Housing Impact Fee Relief Program has been funded for the fiscal year 2014/15 at $250,000. The County uses these monies to pay impact fees for affordable housing projects. Advantages: Depending on the design of the program, may require no budget allocation. Can make affordable housing projects more attractive to developers since waivers result in fewer up-front, out-of-pocket costs by the developer, and reimbursements at least return the up-front costs to result in net savings. Provides another “layer” of subsidy to projects already benefiting from federal grants or loans, which in high-cost areas is often what is required to bring the cost of housing down to the level needed for their moderate-income residents and workers. 19 Disadvantages: Subsidy may not be deep enough to achieve significant savings in new units. Difficult to track the passing of savings on to the housing consumer. Unless applied to units receiving another subsidy, may not guarantee that units are occupied by moderate-income persons. Has no impact on the sales price of existing units, only new houses. 20 ALTERNATIVE METHODS OF PROVIDING AFFORDABLE HOUSING PRIVATE AND/OR PUBLIC PROGRAMS The following programs are strategies for providing affordable housing at the private level or through public/private partnerships. These types of programs can be utilized individually or together to facilitate the production of affordable housing by the private sector. A description, examples, and the advantages and disadvantages are discussed for each program. Community Land Trust A community land trust (CLT) is a democratically controlled nonprofit organization that owns real estate in order to provide benefits to its local community - and in particular to make land and housing available to residents who cannot otherwise afford them. Acquiring Land for the Community. Sometimes community land trusts acquire vacant land and arrange for the development of housing or other structures on it. At other times, community land trusts acquire land and buildings together. In both cases, community land trusts treat land and buildings differently. The land is held permanently by the land trust so that it will always benefit the community. Buildings can be owned by those who use them. Homeownership on Community Land. Buildings on Community land trust land may serve different needs, but, when possible, Community land trusts help people to own their own homes on this land. When a community land trust sells homes, it leases the underlying land to the homeowners through a long-term (usually 99-year) renewable lease, which gives the residents and their descendants the right to use the land for as long as they wish to live there. Still Affordable for the Next Homeowners. When community land trust homeowners decide to move out of their homes, they can sell them. However, the land lease requires that the home be sold either back to the community land trust or to another lower income household, and for an affordable price. The lease lays out a "resale formula" that determines the maximum allowable price. There are several types, but the majority of community land trusts use what are called "appraisal-based" formulas. These formulas set the maximum price as the sum of what the seller paid for the home in the first place plus a certain percentage of any increase in market value (as measured by appraisals). Variations on these and other types of formulas are possible. Community land trusts have been established by a variety of local groups, including neighborhood associations, religious coalitions, community development corporations, local governments, and groups of concerned citizens. It is common for community land trusts to work in cooperation with local governments in meeting present and future community needs. Although community land trusts are usually created “from scratch”, as newly formed, autonomous corporations, some have been established as successors, affiliates, or programs of an older nonprofit. Many community land trusts are initiated through the sponsorship of other organizations, or emerge out of other organizations. Most community land trusts, regardless of how they were created, cooperate with the efforts of other organizations in their community. Burlington, Vermont’s community land trust, for instance, works closely with a network of organizations that address the area’s housing and community development needs. In a number of communities it is common for community land 21 trusts to acquire housing (or the land beneath housing) that has been built or rehabilitated by other notfor-profit (or sometimes for-profit) organizations. Most community land trusts have the following features: Nonprofit, tax exempt corporation Dual ownership Leased Land Perpetual Affordability Perpetual Responsibility Community Base Resident Control Tripartite Governance Flexible Development Example: Monroe County, Florida: In response to a housing crisis in the Florida Keys, the Middle Keys Community Land Trust (MKCLT) was formed. The MKCLT is a grass roots, community based private, non-profit organization whose mission is to provide affordable housing homeownership and rental opportunities for the workforce in Monroe County. The all-volunteer Board of Directors consists of broad cross section of affordable housing advocates representing the City of Marathon, Department of Community Affairs, local business, community activists, Monroe County and the Sheriff’s Department. The Trust constructs homes, but retains ownership of the land. Thus, the Trust assures the availability of affordable quality housing in perpetuity. The homebuyer purchases the home and receives a 99-year renewable ground lease. The resale price of the home is determined by an indexed formula, which limits the resale price of the home, thereby keeping it affordable for future buyers. In exchange for the opportunity to own or rent a home they might not otherwise be able to afford, applicants agree to pass the opportunity along to others through the resale formula. The Land Trust model is a program to create shelter, not investment. Since the land remains in the control of the Trust, only those qualifying under the affordable housing income limits will be allowed to purchase the home at a controlled cost, therefore the land will be used for affordable housing in perpetuity. By taking the cost of the land out of the equation, the homebuyer can purchase the home at a lower cost. The homeowners or renters also must be members of the Land Trust and must make a commitment to attend meetings and assist others to achieve the same opportunity for safe, decent shelter and stability. This creates a strong sense of community and commitment to help others. The Middle Keys Community Land Trust continues to proactively partner with the City of Marathon and the Monroe County Land Authority to acquire parcels of land to construct new home or purchase existing units to preserve affordability for the workforce of the Keys-wide community. As of today, the MKCLT has 24 homeownership units and 14 rental units in its inventory. 22 Florida Housing Coalition : http://www.flhousing.org/wp-content/uploads/2012/04/2014-CLT-list.pdf Advantages: Has the effect of assuring long term affordability. The fact that profits are regulated may encourage turnover, making sure beneficiaries “buy up” when they can, freeing up land trust houses for those who truly need them. Disadvantages: Permanent affordability deprives the homebuyers of the opportunity to fulfill one of the major goals of homeownership: realizing the investment potential of owning real estate. The City has less control over a housing program administered by an independent trust. Employer Assisted Housing Housing as an employee benefit has received only sporadic attention by both employers and labor. In the 1980s, however, a number of employers began to offer housing assistance as a part of their benefit plan. Housing assistance as an employee benefit has not been standardized like the more common health insurance. Instead companies have customized their plans to meet their own cash/debt/risk preferences, to meet the corporate objectives that fostered the plan, to meet the perceived housing needs of the workers, and to meet the needs of the community. In general, companies sought to create a plan that is cost-effective and has minimum risk while enhancing the image of the organization both to the employees and the community. Employer assisted housing can be defined as the offering of one or 23 more housing benefits to non-management workers. There are a number of different examples of housing benefits: Group Mortgage Origination - Group mortgage origination plans are viewed as the starting point on which to build a more broadly based employer-assisted housing program. Group mortgage origination plans essentially are volume discount plans in which a mortgage lender agrees to reduce interest rates, points, and/or application fees in return for the expectation of increased mortgage lending activity. Closing Cost Subsidy - Closing costs, as opposed to down payment, represent one of the most difficult barriers to home ownership faced by lower-income families. Under the State Housing Incentives Partnership (SHIP) program, closing-cost subsidy is regarded as a desirable action by many local governments. In the case of employer assisted housing plans, closing-cost subsidies can be layered on top of group mortgage origination plans. The closing costs that may be the focus of an employer’s closing-cost subsidy program may include: points, title insurance, title searches, or engineering studies. Mortgage Guarantees - Employers that choose to offer a mortgage guarantee incur a financial liability but have no direct cash outlay. The company’s balance sheet may show the guarantee as a “contingent liability.” However, since the mortgage default rates are about 2 percent and since there is evidence that the default and foreclosure rate for lower-income families is even lower; the likelihood of the company having to face the liability is quite small. Another comforting fact is that the value of a property usually is sufficient to satisfy the liability. If the mortgage guarantee program is structured to be in effect only as long as the employee remains with the company, the problems and costs associated with employee turnover are reduced. In terms of the company’s “bottom line,” reduced turnover lowers costs for recruitment, training, and other hiring costs. Group Mortgage Insurance - Conventional private mortgage insurance costs from 50 to 100 basis points. It is this down payment cost that group mortgage insurance addresses. The advantage to the employer is that the contingent liability incurred in a guarantee program is transferred from the employer to the private mortgage insurance company. Employers can provide this housing assistance in several ways including a grant, a loan, or a forgivable loan. Down Payment Assistance - One form of down payment assistance is a third-party second mortgage. In this arrangement the employer enters into an agreement with the lender to provide payroll deductions for payment of the first or second mortgage. This agreement and others encourage the lender to offer second mortgage loans at or near first mortgage rates. If the second mortgage brings the loan-to-home-value ratio down to 80 percent, the first mortgage becomes readily marketable by the lender without mortgage insurance. It is worth noting that an employer organizing this form of down payment assistance may do so without funding the down payment; the benefit may, in fact, be costless. Purchase of Securities - Public or private mortgage bonds can be purchased by employers at negotiated, below-market rates. Proceeds from the sale of these bonds can be loaned to employees for first or second mortgage purposes. The rates applied to these loans would reflect the below-market rate being paid by the bond. Although the return to the company may be 24 relatively low when compared to other investment opportunities, the rate considered in combination with the savings gained by facilitating recruitment and reducing turnover may make the return more acceptable. Since other employee benefit plans have a zero return, even a low return is significantly better. Employers of all shapes and sizes have started EAH programs. Private corporations offering EAH benefits to their employees include Computer Associates, Tyson Foods, Honeywell, and Harley-Davidson. A number of large urban employers-particularly universities and hospitals-have developed EAH programs to both assist their employees and encourage reinvestment in their surrounding neighborhoods. For instance, Howard University, University of Washington at St. Louis, Yale University, and Johns Hopkins University provide EAH assistance to promote homeownership in targeted geographic areas. Health care providers with EAH programs include nationwide HMOs such as Kaiser Permanente, as well as a number of local hospitals and medical centers. Municipal and county governments in high-cost housing markets, such as Los Angeles and Charlotte, North Carolina, are using EAH to close the housing affordability gap for teachers, firefighters, and police. Example: Baltimore, MD. - The Baltimore City Employee Homeownership Program is designed to help the employees of city agencies and quasi-city agencies become homeowners in the city. In order to be eligible, the following criteria must be met: applicant must be employed and paid by the Mayor and City Council of Baltimore City for minimum of six (6) months, property must be located in eligible, Baltimore City neighborhood, and property must be owner-occupied as a primary residence and can be a single family house, one- to two- dwelling unit, or condominium. The program provides qualifying employees with a loan up to $5,000 with a 5-year term, reducing 20% for each year of occupancy. The applicant is required to invest a minimum of $1,000 from personal funds. Mortgage loan may not exceed $417,000. Live Near Your Work Program, Baltimore, MD This partnership between participating employers and the City of Baltimore is designed to encourage homeownership near place of employment. The City of Baltimore matches participating employers’ contributions between $1,000 to $2,500. Over 80 employers are currently enrolled in the program. Of special note is the Johns Hopkins Live Near Your Work Program, which now offers $36,000 and $27,000 in designated neighborhoods near the hospital and university. Lease/Purchase Option With this tool, houses are acquired or built and then leased to households unable to obtain a mortgage for income or credit reasons. The assisted household is able during the lease period to accumulate down payment funds, clear up bad credit, and receive homeownership and credit counseling. If the rent payments are at a level equivalent to a mortgage, then the ability to manage a mortgage is demonstrated to potential lenders. The Enterprise Foundation cites the following typical features: eligibility criteria usually include steady employment history, 33% mortgage-debt-to-income ratio and 40% total debt-to-income ratio. Usually the step from renter to owner requires a grant or soft second mortgage from a public agency. Under this arrangement, a renter generally pays some form of upfront deposit or fee plus a rent premium and, in return, obtains the option to purchase the property, generally for a price that is locked in upfront. In some arrangements, the renter may assume an existing mortgage; in others, the renter 25 obtains a new mortgage at the time of purchase. During the option period, the owner may not offer the property for sale to anyone else. Under this type of agreement, the owner is usually responsible for maintenance during this lease period, but some contracts require renters to cover maintenance costs. When the purchase option expires, the renter must either exercise or forfeit the purchase option. The initial deposit and the rent premium are generally applied to the purchase price if the renter exercises the option to purchase, and under some contracts, the renter forfeits both if the purchase does not take place. Example: Cleveland, OH - The Cleveland Housing Network, or CHN, a community development corporation, or CDC, operates the nation’s longest-running lease-purchase program. CHN uses Low-Income Housing Tax Credits, or LIHTC, to attract equity investors who, in exchange for the 15-year tax credits, help CHN to buy single-family rental properties. CHN then offers these homes for rent at an affordable price of about $550 per month. At the end of the 15-year period, the value of the home is usually between $30,000 and $80,000. Renters who have successfully made it through the program are then able to purchase the home below the market value, usually for less than $20,000. The organization is able to keep the home purchase price low because the LIHTC credits allow it to buy the home without going into significant debt. Moreover, the household, not the organization, keeps any home equity built during the time of the agreement. CHN also uses dollars designated for the city of Cleveland through the U.S. Department of Housing and Urban Development’s, or HUD’s, HOME program to offer lease-purchase participants an interest-free second mortgage, which only needs to be repaid upon resale or refinancing. This model makes it possible for a household to lock into a long-term affordable rental home while also creating an affordable and sustainable homeownership opportunity. When the tenants convert to homeownership, they often have significant equity in the home. The rate of foreclosure among program participants is low. Out of 539 homes purchased through the program since 2010, only one homeowner has lost a home to foreclosure, according to CHN. CHN reports that about 85 percent of participants are able to convert to homeownership through its lease-purchase program. Advantages: Allows prospective homebuyers to get on a “homeownership track” and save necessary down payment funds while learning how to manage their finances as a homeowner. Provides the housing agency the ability to “grow” their homeownership clients through a lease period that can require attendance at credit counseling seminars. Disadvantages: Requires an entity with property management experience. A renting household that does not fulfill the purchase requirements must be evicted or have its lease extended: neither a comforting prospect for public agencies. Limited Equity Cooperative Housing Limited-equity cooperative housing is a form of multi-family housing that offers residents both affordability and management control. Limited-equity co-ops are common in a number of cities and are particularly well-established in New York City and Washington, D.C., each of which has or has had citysponsored subsidy programs that support cooperative development. Limited-equity cooperatives are 26 identical, in almost all respects, to market rate cooperatives, with the fundamental difference that they restrict resale prices to maintain affordability. Market rate co-ops allow partners to buy and sell shares at whatever rate the market will bear. Limited equity co-ops set restrictions on the price at which shares may be bought and sold. This emphasis on affordability makes limited equity cooperatives a form of homeownership and resident control that is accessible to a broad range of incomes, although most limited-equity cooperatives are limited to households with moderate or low incomes. Limited-equity cooperatives are a form of cooperative ownership. Residents do not own the land or their individual units; rather, residents acquire shares in the cooperative corporation that holds title to the building. In a limited-equity cooperative, share prices are restricted to levels well below the typical down payment required for the acquisition of a single-family dwelling. While this resale price restriction means that the cooperatives are accessible to low- and moderateincome families, it also means that cooperative members cannot look to their homes as sources of substantial equity or as opportunities for capital appreciation. If asset-accumulation is a primary goal, limited-equity cooperatives may not be the optimum housing model; however, it should be noted that almost all limited-equity cooperatives have both low initial purchase prices and low maintenance payments, making them a prime vehicle for building conventional savings accounts. A primary purpose of limited-equity cooperatives is the development of a permanent stock of affordable housing. To accomplish this objective, all limited-equity cooperatives have resale restrictions. These restrictions are usually incorporated into cooperatives’ by-laws and into individual occupancy agreements. They may also be included in mortgage or regulatory documents connected to government financing or subsidy sources. Most limited-equity cooperatives have income guidelines for prospective members, restricting sale to low- and moderate- income households. Example: Mutual Housing California (MHC) (former Yolo Mutual Housing Association) Davis, California - is a nonprofit California corporation that develops and provides affordable housing in Yolo County. MHC was formed as a partnership of neighborhood residents, business representatives, housing advocates, and local government dedicated to improving housing opportunities for lower income families. The Mutual Housing founders’ major objective was to create a locally controlled nonprofit that would be a force for revitalizing low-income communities by strengthening neighborhood assets–both the housing and the neighborhood residents. By acquiring deteriorating multifamily structures, they envisioned that Mutual Housing could leverage private and public capital to renovate properties and turn them around into safe, affordable and well functioning residential communities. MHC has an active membership, and each household living in the MHC community has the right of membership. Members in good standing donate time each month to community service and community building activities, such as community gardening, participating in after-school programs, being active in the larger community, writing for the newsletter, serving on a resident council or committee, serving on the MHC board of directors, and producing community events. Each MHC community has a resident council which identifies common issues and concerns and develops strategies to meet those concerns. MHC owns and operates 1,009 homes in 18 multifamily communities in Yolo County and Sacramento area. The units in four communities (Twin Pines, Owendale, Tremont Green and Moore Village) are obtained from the City of Davis through inclusionary zoning. 27 Advantages: Control: cooperative members elect a board of directors that oversees management of the property. The membership controls the project; individual members have almost complete control over their individual units; Shared risk: particularly for larger projects, cooperatives allow members to the risks, particularly financial, of owning property. Nonprofit sponsors may also be prepared to share risk by providing interim or bridge member maintenance payments, among other support; Affordability: share purchase prices are usually significantly less than down payment costs for single-family homes; Training: nonprofit sponsors of cooperative housing can provide on-going training in a variety of areas, including homeownership skills, credit counseling and economic literacy, both to equip members with the tools to make them effective co-op members and to prepare them, if wanted, for single-family homeownership. The incentive of a home with many of the privileges of fee simple homeownership is a powerful draw: it brings individuals to training programs and keeps them in class. Security of tenure: as long as members abide by the rules of their occupancy agreements, they have the right to remain in their co-op unit. Units can be transferred to family members at will. Disadvantages: Limited return on investment: members are not permitted to sell shares at market value. Resale prices are restricted according to certain formulas; Limited use rights: cooperative ownership is shared ownership: co-op occupancy agreements can and usually do restrict use of the member’s designated unit in certain ways. For example, co-op members are generally prohibited from subletting their units for more than a total of one or two years. 28 APPENDIX A FLORIDA COMMUNITY LOAN FUND SOURCE: PRIVATE FUNDING Enacted: 1994 APPLICANTS: COMMUNITY-BASED 501 (C) (3) NONPROFITS Cycle: Open Cycle Regulation: None Administrator: Florida Community Loan Fund FINANCE TYPE: COMMERCIAL LOANS Housing Type: Rental, Homeownership, Supportive Housing, MixedUse Projects Primary Uses: New Construction, Rehabilitation, Acquisition The Florida Community Loan Fund (Loan Fund), a statewide Community Development Financial Institution, provides loan capital and technical assistance to qualifying organizations throughout Florida that have insufficient access to funding from conventional lending sources. The Loan Fund seeks lowinterest loans and Equity capital contributions from socially-concerned institutions and individuals. Contributions are then used to make below-market interest rate or flexibly-structured loans to eligible nonprofits to support affordable housing, economic development and social services in urban and rural, low-income communities. AFFORDABLE HOUSING GUARANTEE PROGRAM SOURCE: SADOWSKI ACT FUNDS, BOND ISSUE APPLICANTS: FOR-PROFIT, NONPROFIT, PUBLIC AGENCIES FINANCE TYPE: “A” RATED LOAN & BOND GUARANTEES Enacted: 1992 Regulation: Section 420.5092, FS Rule Chapter 67-39, FAC Cycle: Year Round Administrator: Florida Housing Finance Corp. through Qualified Lending Institutions Housing Type: Rental, Homeownership Primary Uses: Guarantees for Purchase, Construction, Rehabilitation, Financing and Refinancing The Florida Affordable Housing Guarantee Program (“Guarantee Program”) was created by the Florida Legislature as part of the William E. Sadowski Affordable Housing Act of 1992 for the purpose of: Stimulating creative private-sector lending activities to increase the supply and lower the cost of financing or refinancing eligible housing; Creating security mechanisms to allow lenders to sell affordable housing loans in the secondary market; and Encouraging affordable housing lending activities that would not have taken place or that serve persons who would not have been served but for the creation of this program. HOUSING CREDITS (HC) SOURCE: 1986 TAX REFORM ACT – U.S. DEPT. OF THE TREASURY Enacted: 1986 Regulation: Section 420.5099, FS Rule Chapter 67-48, FAC Section 42 Internal Revenue Code APPLICANTS: NONPROFIT, FOR-PROFIT FINANCE TYPE: FEDERAL TAX CREDIT EQUITY Cycle: Annual Competitive Administrator: Florida Housing Finance Corp. Housing Type: Rental Primary Uses: New Construction, Rehabilitation The Housing Credit (HC) Program is governed by the U.S. Department of the Treasury and Florida’s allocation is administered by the Florida Housing Finance Corporation. Under the HC Program, successful applicants are provided with a dollar-for-dollar reduction in federal tax liability in exchange for the development or rehabilitation of units to be occupied by very low- and low- income households. Developers who cannot use the tax reduction may sell credits in exchange for equity to the development. MORTGAGE REVENUE BONDS FOR RENTAL HOUSING (MRB) SOURCE: BOND ISSUES Enacted: 1986 Regulation: Section 420.508(2), FS Rule Chapter 67-21, FAC APPLICANTS: NONPROFIT, FOR-PROFIT DEVELOPERS Cycle: Year Round with Preference in Limited Cycle Administrator: Florida Housing Finance Corp. FINANCE TYPE: BELOW MARKET RATE LOANS Housing Type: Rental Primary Uses: New Construction, Rehabilitation, Acquisition The Multifamily Bond Program utilizes funds generated from the sale of both taxable and tax – exempt bonds to make below-market interest rate loans to nonprofit and for-profit developers of rental housing. Developments that receive tax exempt financing also receive automatic four percent Housing Credits directly from the federal government. PRE-DEVELOPMENT LOAN PROGRAM (PLP) SOURCE: SADOWSKI ACT FUNDS Enacted: 1992 Regulation: Section 420.521-529 , FS Rule Chapter 67-38, FAC APPLICANTS: NONPROFIT DEVELOPERS AND PUBLIC ENTITIES Cycle: Year Round Administrator: Florida Housing Finance Corp. FINANCE TYPE: BELOW MARKET RATE LOANS Housing Type: Rental, Homeownership Primary Uses: Acquisition and PreDevelopment Activities The Pre-Development Loan Program (PLP) provides below market interest rate financing and technical advisory services to nonprofit organizations and public entities for preliminary development activities necessary to obtain the requisite financing to construct homeownership or rental housing developments. SECTION 202 SUPPORTIVE HOUSING FOR THE ELDERLY SOURCE: HOUSING ACT OF 1959, 210 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974 – U.S. HUD Enacted: 1974 Regulation: 24 CFR Part 891 APPLICANTS: NONPROFIT SPONSORS FINANCE TYPE: LOANS AND RENT SUBSIDIES Cycle: Annual Competitive Administrator: HUD - Multifamily Housing Type: Rental Primary Uses: New Construction, Rental Assistance, Rehabilitation, Acquisition HUD provides capital advance to fiancé the construction, rehabilitation or acquisition with or with our rehabilitation of structures that will serve as supportive housing for very low-income elderly persons, including the frail elderly, and provides rent subsidies for the projects to help make them affordable. It provides very low-income elderly with options that allow them to live independently but in an environment that provides support activities such as cleaning, cooking, transportation, etc. the program is similar to Supportive Housing for Persons with Disabilities (Section 811). SECTION 811: SUPPORTIVE HOUSING FOR PERSONS WITH DISABILITIES SOURCE: SECTION 811 OF THE NATIONAL AFFORDABLE HOUSING ACT OF 1990 Enacted: 1990 Regulation: 24 CFR Part 891 APPLICANTS: NONPROFIT SPONSORS FINANCE TYPE: LOANS AND RENT SUBSIDIES Cycle: Annual Competitive Administrator: HUD - Multifamily Housing Type: Rental Primary Uses: New Construction, Rental Assistance, Rehabilitation, Acquisition HUD provides funding to nonprofit organizations to develop rental housing with the availability of supportive services for very low-income adults with disabilities, and provides rent subsidies for the projects to help make them affordable. The program also provides project rental assistance, which covers the difference between the HUD –approved operating costs of the project and tenants’ contribution toward rent. The program is similar to Supportive Housing for the Elderly (Section 202) STATE APARTMENT INCENTIVE LOAN PROGRAM (SAIL) SOURCE: SADOWSKI ACT FUNDS Enacted: 1988 Regulation: Section 420.5087, F.S. Rule Chapter 67-48 FAC APPLICANTS: FOR-PROFIT, NONPROFIT, PUBLIC AGENCIES Cycle: Annual Competitive Cycle Administrator: Florida Housing Finance Corporation FINANCE TYPE: GENERALLY SECOND OR BRIDGE LOANS Housing Type: Rental Primary Uses: New Construction, Substantial Rehabilitation The State Apartment Incentive Loan (SAIL) Program provides low-interest rate mortgage loans to developers who build or substantially rehabilitate rental developments, made affordable to very low (50 percent or less of area median) income households. The SAIL loan bridges the gap between a development’s primary financing and total development costs. APPENDIX B City of Cape Coral - Subsidized Housing Units DEVELOPMENT STREET ADDRESS CITY STATE ZIP TOTAL TARGET NAME CODE UNITS POPULATION CORAL VILLAGE 121 NE 10TH PL CAPE FL 33909 72 ELDERLY CORAL CORONADO PLACE 4642 CORONADO CAPE FL 33904 10 PERSONS PKWY CORAL W/DISABILITIES CROSSINGS AT 1150 HANCOCK CAPE FL 33903 168 FAMILY CAPE CORAL CREEK BLVD. CORAL SOUTH LAUREL OAKS 4626 SKYLINE BLVD CAPE FL 33914 12 PERSONS CORAL W/DISABILITIES SANTA BARBARA 3618 SANTA CAPE FL 33914 12 PERSONS VILLAGE BARBARA BLVD CORAL W/DISABILITIES COCONUT COVE I 1221 SE 8TH TER CAPE FL 33990 8 ELDERLY CORAL COCONUT COVE II 515 SE VAN LOON CAPE FL 33990 4 ELDERLY TER CORAL Data Source: University of Florida Shimberg Center for Housing Data and City of Cape Coral Planning Division APPENDIX C APPENDIX D Southwest Florida Community Housing Subcommittee Housing Policies and Local Initiatives Locally sponsored Recommendations to Increase the Supply of Workforce Housing 1. Development of Regional Impact Mitigation - Affordable housing impacts created by Developments of Regional Impact (DRI) developments in Southwest Florida may be mitigated by any one of the follow three (3) options: a. The first option would require the applicant to construct or have constructed an appropriate number of affordable housing units on a site provided by the applicant within the DRI property boundaries. b. The second option would require the developer to provide for an off-site affordable housing tract with the appropriate number of affordable housing units. c. The third alternative would require the applicant to provide a financial contribution to the local government for affordable housing. The amount of the contribution would be as negotiated between the local government and the applicant. 2. Density Bonus - Developers who commit to allotting a certain percentage of units at below market rates may be allowed to reduce lot sizes or increase the number of houses on a lot, thereby reducing land cost per unit. Density bonuses may be used in conjunction with an open space development or planned unit development where the community desires to preserve open space and have lower municipal costs (street, water, and sewer). Municipalities can also offer density bonuses in a —trade“ with developers who agree to provide additional community benefits, such as nature trails, conservation easements, additional public transportation stops, or public access to waterways. 3. Infill Construction - Development or redevelopment that makes use of vacant or underutilized land and buildings in downtown or suburban areas. Infill developments provide more affordable housing opportunities for smaller households (i.e. singles, the elderly and empty nesters), discourage sprawl, make use of existing infrastructure, encourage community revitalization, and make residents less autodependant. 4. Inclusionary Zoning - In exchange for development approval, developers must include affordable homes when they build a particular number of market-rate homes. Some communities allow building the units off-site or a contribution to a housing fund in an equivalent amount of money. 5. Lot Size and Home Size Reductions - Where the infrastructure (water and sewer) allows, reducing the lot size is a solution to lessen the cost of building housing, with savings that can be passed along to buyers. Relaxing of regulations regarding frontage or lot width requirements, allowable lot coverage, side and rear setback, and the height of structures promote smaller, more affordable lots. Additionally, the size of the structure may become more affordable as the cost of construction and materials is reduced. 6. Partnership of Government Owned Land – Identify government owned lands that could be used to produce more community housing. The program can be linked with the recipient providing lower cost, affordable housing. Local government with land or property received through tax liens can donate them to affordable housing developers who will rehabilitate them into permanently affordable housing (i.e. school districts). 7. Housing Trust Fund - A trust fund earmarked for a community‘s housing needs can be made up of developers’ contributions, repayments of CDBG loans, sale of municipal owned property, town and city capital budget appropriations, inclusionary zoning payments made in lieu of providing on-site units, and annual repayments of loans and leases made by the housing trust fund. The money in turn can be used for building or rehab, subsidizing low and moderate-income families’ mortgages and helping finance construction of new housing. Support a special tax approved by referendum for affordable housing. 8. Limiting Apartment-Condominium Conversion - Conversions to condominiums usually increases the cost of housing and often displaces residents. An ordinance that requires a conversion fee and/or requires a certain percentage of units remain in the rental market to prevent large reductions in a community‘s available rental stock. Turnover of affordable units can be prevented through deed restrictions. 9. Linkage Fee - A local government requires the provision of affordable housing in return for a permit to build certain types of development. The concept is that there is a link between the construction of offices and/or industrial facilities and the need to accommodate workers. In some cases the linkage may be in the form of a dollar payment based on a per square foot formula for non residential and residential development. 10. Impact Fee - A local government ordinance that requires the payment of a fee for homes above an established market price that would be deposited in the community’s affordable housing trust fund. 11. Encourage Non Traditional Housing Developers - Nonprofit organizations, communities and neighborhood associations are increasingly involved in the rehabilitation and upgrading of older or substandard housing for affordable housing. This private sector solution can be encouraged by reducing regulatory requirements, streamlining the approval process and waiting permit fees. Municipalities can inform these parties of federal and state subsidized housing and financial programs to serve their work. 12. Streamlining of Permit/Review Process - When governments (state and local) can better articulate the ground rules for development, strive to decrease the number of months for approvals, and can consolidate permits, and then the costs of development can be decreased. Recommend dedicated reviewers for affordable housing permits. 13. Street Right-of-Way and Pavement Width Reduction - Purpose is to reduce development costs, also including options such as reducing sidewalk requirement from two sides of the street to one and reducing the thickness of pavement. 14. Infrastructure Investment – Encourage expansion of water and sewer service areas and/or allowing community water or septic systems in appropriate areas provides alternatives for developers whose cost rise dramatically with the need for wells and private septic systems. 15. Manufactured Housing Subdivision - With improved construction quality in recent decades, manufactured housing provide viable option for people seeking affordable homeownership opportunities. Towns can develop design standards for manufactured housing to ensure quality design and siting. 16. Village/Conservation Development - a land development technique which allows buildings to be grouped more closely together, disturbing a smaller portion of the site than conventional development to preserve open space. Grouping buildings can decrease the cost of infrastructure construction, long-term maintenance costs, and hopefully reduce the per-unit cost. 17. Planned Unit Development - A comprehensively planned land development project which permits flexibility in the siting of buildings, allows a mixture of housing types and sometimes other land uses, provides useable open space, and preserves significant natural features. Similar to open space development, but also allows mixed-use development that, with sufficient density, can help create a — community within a community“. a. The first option would require the applicant to construct or have constructed an appropriate number of affordable housing units on a site provided by the applicant within the DRI property boundaries. b. The second option would require the developer to provide for an off-site affordable housing tract with the appropriate number of affordable housing units. c. The third alternative would require the applicant to provide a financial contribution to the local government for affordable housing. The amount of the contribution would be as negotiated between the local government and the applicant. 18. Mixed-Use Development - Through land use ordinances and regulations that allow mixed-use development, higher densities are allowed and thereby permit more diverse residential opportunities. Intensifying the use of a location, allowing second floor housing above retail space for example, often will create a demand for and improve the efficiency of services such as public transit. a. The first option would require the applicant to construct or have constructed an appropriate number of affordable housing units on a site provided by the applicant within the DRI property boundaries. b. The second option would require the developer to provide for an off-site affordable housing tract with the appropriate number of affordable housing units. c. The third alternative would require the applicant to provide a financial contribution to the local government for affordable housing. The amount of the contribution would be as negotiated between the local government and the applicant. 19. Home Ownership Resource Center (HORC) – A public/private partnership that provides “onestop” shopping for a broad array of housing information and services; the concept is that services are available in one location. The information and applications for the myriad of mortgage and home improvement programs are consolidated in one place. Residents can find educational assistance in preventing mortgage foreclosures, credit ratings, refinancing, energy improvements, and learn the necessary steps to become a homeowner. 20. Employer-Assisted Housing – (EAH) The employer offers the employee benefit, often in the form of a forgivable, deferred, or repayable second loan, a grant, a matched saving plan, or home-buyer education that helps the employee achieve homeownership. The employee, who is the potential home buyer, participates by applying for the benefit, meeting the criteria set by the employer to receive the benefit, and fulfilling the necessary qualifications to become a home buyer. The lender provides the first mortgage underwriting and origination, and manages the relationship with the employee. Although EAH is used mostly to help an employee buy a home, the employer also can offer an EAH benefit to help the employee with rental housing. 21. Owner-Occupied Housing Rehabilitation Program – Local government have come to learn that the extent of the incentives provided should be the basis for regulations governing the preservation of affordability. For example, indirect costs such as unit credits should require household income restrictions at the initial sale; subsidized rental units should require income restrictions and a multi-year maintenance agreement; impact fee credits or use of land trust assets should require payment in lieu. 22. Low Income Housing Tax Credit – Funds raised can be used for acquisition and substantial rehabilitation of rental units. The Tax credit attracts for-profit entities to the development of affordable housing by reducing federal income taxes in exchange for investments in low-income rental housing. A for-profit or non-profit developer partners with an investor to develop the property and often mange’s it as well. 23. Rate of Growth Ordinance - ROGO establishes a building permit allocation system for residential construction that both encourages the infill of platted lots (building upon lots already serviced by existing infrastructure (i.e. roads, water, sewage, and electrical)) and limits growth in a way that enables a safe and timely evacuation of the community in the event of a hurricane. By implementing ROGO, goals, objectives, and policies set forth in the Comprehensive Plan are implemented, including managing the rate of growth in order to deter deterioration of public facility service levels, environmental degradation and potential land use conflicts, and encouraging sound development of residential and affordable housing. 24. Comprehensive Plan Statements of Values - The community‘s visions and values on how it wants to grow is described in its Master Plan. This is a policy document that supports and validates a community‘s land use regulations and controls. When appropriate, a Master Plan should reference the growth and design concepts that encourage varied housing opportunities such as Minimum Impact Design, New Urbanism and Smart Growth. Development priorities would speak to the need to: • • • • • • • • • • Create Range of Housing Opportunities and Choices Create Walkable Neighborhoods Encourage Community and Stakeholder Collaboration Foster Distinctive, Attractive Places with a Strong Sense of Place Make Development Decisions Predictable, Fair and Cost Effective Mix Land Uses Preserve Open Space, Farmland, Natural Beauty and Critical Environmental Areas Provide a Variety of Transportation Choices Strengthen and Direct Development towards Existing Communities Take Advantage of Compact Building Design 25. Regional or Multi-Jurisdictional Contribution Agreements – The interlocal agreement allows local government jurisdictions to pay other jurisdictions to build up to half of their required affordable housing units. 26. Multi-Jurisdictional Consolidated Plan – A consortium of local governments agree to file a joint or consolidated plan for community based projects funded by the HUD Community Development Block Grant (CDBG), Home Investment Partnership Program (HOME) and Emergency Shelter Grant (ESG) programs. 27. State Legislative Support – The State of Florida established the William E. Sadowski Affordable Housing Trust Fund in 1992 using the documentary stamp to create affordable housing. Unfortunately, the State Legislature has repeatedly diverted more than $350 million from this fund for non-housing uses. Local government should support full funding of the affordable housing trust fund established under the Sadowski Act. 28. Federal Legislative Support – Local and State government need to demonstrate additional leadership by demanding that the federal government fully fund the U.S. Department of Housing and Urban Development. Local and State government need to demonstrate additional leadership by demanding that the federal government fully fund the U.S. Department of Agriculture’s (USDA’s) Rural Rental Housing Program used to finance affordable rental housing in rural areas, including farmworkers housing. 29. Local and State Support - Local initiatives should help nonprofit community development corporations, such as the Southwest Florida Resource Conservation and Development Corporation, transform distressed neighborhoods into healthy communities through loans, grants, equity investments, technical and management assistance.