Table of contents for A legal guide to affordable housing / edited by Rochelle E. Lento and Tim Iglesias.

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Contents
Acknowledgments
About the Contributors and Editors
Introduction: Tim Iglesias & Rochelle E. Lento
Part I: 	The Regulatory Foundation for Affordable Housing Development 
Chapter 1 - Planning for Housing Requirements
By Ngai Pindell
I.	Introduction
II.	State and Regional Planning Requirements Affecting Affordable Housing
A. 	Varying State Involvement in Local Government Planning 
B.	California: Evolving Mandatory Fair Share Requirements with Weak Enforcement
 C.	New Jersey: Strong Enforcement Fair Share Moving to ¿Growth Share¿ 
D.	Florida: Mandatory Housing Elements with a Dedicated State Affordable Housing Funding Source 
E.	Minnesota¿s Metropolitan Council: Mandatory Housing Element Planning with Regional Funding Source 
III.	Growth Management and Affordable Housing: Risks and Opportunities
IV.	Environmental Planning and Review of Affordable Housing Development
V.	Federal Housing Planning Requirements Affecting Affordable Housing
 A. 	Consolidated Plan
B. 	Certifications to ¿Affirmatively Further Fair Housing¿ and the Analysis of Impediments to Fair Housing Choice
Chapter 2: Exclusionary Zoning: Constitutional and Federal Statutory Responses
By Ken Zimmerman and Arielle Cohen
I.	Introduction
II.	Exclusionary Zoning: Background
III.	Federal Constitutional and Statutory Law
	A.	The Zoning Power
	B.	Federal Constitutional Claims
		1. 	Equal Protection
		2.	Due Process
	C.	Federal Statutes
		1. 	The Fair Housing Act
			a.	Overview
			b.	Theories of Discrimination
			c. 	Standing
		2.	Other Sources of Federal Law
IV.	State Constitutional Responses
	A.	New Jersey
	B.	Pennsylvania
	C.	New York
Chapter 3: State and Local Regulation Promoting Affordable Housing
By Peter Salsich
I. 	Introduction: The Wide Range of ¿Inclusionary¿ Responses to Exclusionary Zoning
II. 	State Statutory Responses
 A. 	Zoning Override ("AntiSnob") Legislation
 1.	Administrative Review Procedures
 a.	Massachusetts
 b.	Rhode Island 
 c.	Illinois 
 2.	Judicial Review/Burden of Proof Shift
 a.	California 
 b.	Connecticut
 B. 	Regulatory Exemptions for Affordable Housing
III. 	Local Government Responses
	A. 	Local Inclusionary Zoning
		1. 	Introduction
		2. 	Two Techniques
 a.	Set-asides
 b.	Density Bonuses
 	3. 	Current Variations
 a. 	Montgomery County, Maryland¿s Ordinance
 		b. 	California Inclusionary Ordinances
 	4. 	Constitutional Issues
	B. 	Land Banking
 C. 	Community Land Trusts
 D. 	Rent Control
Chapter 4: State and Local Regulation of Particular Types of Affordable Housing
By Tim Iglesias
I.	Introduction
II. 	Mobilehomes and Manufactured Housing
III.	Farmworker Housing
IV.	Accessory Units
V.	Single Residence Occupancy Hotels
VI.	Condominium Conversion Regulation
VII.	Emergency Shelters and Transitional Housing including Domestic Violence Shelters
Chapter 5: Federal, State, and Local Building and Housing Codes Affecting Affordable Housing
By Ronald S. Javor with Michael Allen
I. 	Introduction
II. 	Overview of General State and Local Building and Housing Codes
 A. 	Conventional Housing Construction Codes
 B. 	Preservation, Rehabilitation, and Repair
 C. 	Conventional Housing Maintenance Codes
 D. 	Special Local Government Code Requirements
 E. 	Enforcement 
III.	Overview of Federal, State, and Local Housing Codes for Special Purposes
 A.	Disability Access Requirements
 1. 	Section 504 of the Rehabilitation Act of 1973
 2. 	Fair Housing Amendments Act
 3. 	Americans with Disabilities Act
 4. 	Universal Design and Visitability
 B:	Codes Governing Manufactured and Modular Housing
 1. 	Manufactured Homes
 2. 	Modular and Panelized Homes
 C. 	Other Federal Building and Maintenance Requirements
 1. 	HUD Financing and Insurance¿General Requirements
2. 	USDA Rural Development Housing in Rural Areas or for Agricultural Workers
 D. 	Other Housing Formats
 1. 	Farmworker Housing Standards
 2. 	Mobilehome Parks and Special Occupancy Parks
 E. 	Other State and Local Building and Maintenance Requirements
 F.	Local Design Requirements
Part II:	Regulation and Provision of Affordable Housing Finance
Chapter 6: Federal Regulation of Financing for Affordable Housing 
By Maeve Elise Brown
I.	Introduction
II.	Laws That Promote Community Investment in Affordable Housing
	A.	Community Reinvestment Act
		1.	Overview
		2.	CRA Enforcement
		3.	CRA Compliance
		4.	The Impact of CRA on Investment in Affordable Housing
		5.	The Future of CRA 
	B.	Other Federal Programs Promoting Investment in Affordable Housing
1.	Office of the Comptroller of the Currency, Public Welfare Investment Regulation
2.	Federal Reserve Board, Regulation Y
3.	The FDIC¿s Affordable Housing Program
III.	Laws That Prohibit Unfair Treatment
	A.	Federal Fair Housing Act
		1.	Overview
		2.	Application to Affordable Housing Finance
		3.	Enforcement of Section 3605
		4.	General Enforcement of Section 3608 
		5. 	The Low Income Housing Tax Credit Program 
	B.	Additional Federal Provisions
		1.	Office of Thrift Supervision Anti-Discrimination Regulations
		2.	The U.S. Housing Act Duty to Affirmatively Further Fair Housing
		3.	Executive Order No. 12892
	C.	State Fair Lending Laws
IV.	Laws Governing the Secondary Market
	A.	Fannie Mae and Freddie Mac
		1.	Overview
		2.	Oversight of Fannie Mae and Freddie Mac
		3.	GSE Performance and Influence on Affordable Housing
	B.	Federal Home Loan Bank System
		1.	Overview
		2.	Oversight of the FHLB System
Chapter 7: Federal Sources of Financing
By Rochelle E. Lento
I.	Introduction 	
II.	Low Income Housing Tax Credits
 A.	Overview 
 B.	Mechanics of the LIHTC Program 
 1.	The Basics 
 2.	Compliance and Extended Use Period 
 3.	Applicable Percentages 
 4.	Calculation of the LIHTC and Basis Rules 
 5.	Rent Restrictions and Other Requirements 
 6.	Further Restrictions on Types of Housing 
 7.	State Credit Allocations 
 8.	Carryover Allocations 
 C.	Layering Other Financing Sources with LIHTCs 
 1.	Non-Recourse Loans 
 2.	Federal Grants or Subsidies
 D.	Ownership Structures for LIHTC Transactions
 E.	Current Developments in LIHTC Transactions
III.	HOME Investment Partnership Act
 A.	Purpose and Activities
 B.	Eligible Grantees and Costs
 C.	Limitations on Use of HOME Funds
 D.	Matching Requirements
 E.	Current Developments in the HOME Program
IV.	Community Development Block Grant
 A.	CDBG Generally 
 B.	Eligible Activities, Grantees and Administration
 C.	Loan Guarantees or Section 108 Loans
V.	Bond Financing of Multi-Family Housing
 A.	Bond Financing in General
 B.	Tax Exempt Bonds
 C.	Taxable Bonds
VI.	Other Sources of Federal Financing
 A.	Supportive Housing for the Elderly 
 B.	Supportive Housing for People with Disabilities
 C.	Section 8 Rental Assistance
 D.	Homeless Assistance Grants (McKinney Act)
 E.	Housing Opportunities for People with Aids
 F.	Environmental/Energy Programs
 1.	Brownfield Economic Development Initiative
 2.	Lead-Based Paint Grants 
 3.	Energy STAR Program 
 VII.	Rural Housing Programs
VIII.	Homeownership Programs 
Chapter 8: State Sources of Housing Finance
By Peter Salsich
I.	Introduction 
 A.	The Increasing Involvement of the States
 B.	State Department of Housing and Community Development Programs
C.	Housing Finance Agencies
II.	Bond-financed Programs
 A.	 Multifamily Rental Housing Programs
	B.	Single Family Mortgage Revenue Bond Programs 
III.	Housing Tax Credits
 A.	Federal Low Income Housing Tax Credit
 B.	State Tax Credit Programs
 C.	Qualified Allocation Plans
IV.	State Housing Trust Funds
 A.	Housing Trust Fund Characteristics
 B.	Allocation Procedures
V.	State Tax Expenditures
 A.	Property Tax Abatement
 B.	Tax Increment Financing
 C.	Property Tax Assessment
VI.	Practice Considerations 
Chapter 9: Local Government Financing Powers and Sources of Funding
By Richard Judd and Barbara E. Kautz
I.	Introduction
	A.	Overview
 B.	Parameters of Local Government Authority
 C.	Local Housing Trust Funds
II.	Set Asides of Local Taxes
	A.	Pennsylvania
	B.	St. Louis, MO
	C.	Seattle, WA
	D.	New Orleans, LA
	E.	Massachusetts
III.	Commercial Linkage Fees
	A.	Authority
	B.	Constitutional Issues
	C.	Applicability to Linkage Fees
	D.	Local Examples
		1.	Boston, MA
		2.	Sacramento, CA
		3.	Colorado Resort Communities 
IV.	In-lieu Fees from Inclusionary Zoning Programs
	A.	Inclusionary In-lieu Fees as Land Use Requirements
	B.	Inclusionary In-lieu Fees as Impact Fees
	C.	Local Examples
		1.	New Jersey Communities
		2.	California Communities
V.	Land Transfer Programs
	A.	Detroit, MI
	B. 	New York City, N.Y.
	C.	New Orleans, LA
VI.	Bond Proceeds
	A.	Polk County, IA
	B.	San Francisco, CA
	C.	Charlotte, NC
VII.	Fee Waiver Programs
	A.	Ft. Lauderdale, FL
	B.	Salt Lake City, UT
	C.	Tallahassee, FL
VIII.	Redevelopment Agency Tax Increment Financing
	A.	California
	B.	Oregon
	C.	Chicago
	D.	Minneapolis
Chapter 10: Mixed-Finance Development of Public Housing
By P.K. Casey & A. M. McClain
I.	Introduction
II.	Origin of the Mixed-Finance Program
III.	The Mixed-Finance Method of Development
	A.	Mixed Sources of Finance
	B.	Public-Private Partnerships
	C.	Mixed Income Developments
	D.	Advantages of the Mixed-Finance Method of Development
	E.	Challenges in Mixed-Finance Implementation
IV.	Forming Successful Public-Private Development Relationships
A.	Assessing Capacities and Defining Roles in Ownership Structure, Development and Management
1. 	Roles Permitted by State Authorizing Statutes
2.	Capacity Assessment
3.	Private Development
4.	Self-Development
B.	Key Legal Documents
C.	Critical HUD Requirements
		1.	Mix of Units
		2.	Construction Cost Limitations
		3.	Procurement
		4.	Funding Considerations
D.	Balancing the Interests
		1.	Organizational Documents
		2.	Ground Lease
		3.	Regulatory & Operating Agreement
		4.	Mixed-Finance ACC Amendment
		5.	HUD Declaration of Restrictive Covenants
		6.	Other Documents
		7.	Continued Review and Monitoring
Part III:	After Housing Is Built
Chapter 11 : Monitoring and Enforcement of Regulatory Agreements of Government-Assisted Housing
By Deborah Kenn
I.	Introduction
II.	Monitoring and Enforcement of HUD Properties
	A. 	A Brief History
	B.	Monitoring and Enforcement Where HUD is the Contract Administrator
		1. 	Introduction
		2.	Enforcement Structure
 a. 	The Real Estate Assessment Center 
 b. 	The Departmental Enforcement Center
		3. 	Application of Severe Penalties 
			a. 	Suspensions and Debarments
			b.	Foreclosure
	C.	Monitoring and Enforcement Where HUD is Not the Contract Administrator
		1.	Introduction
		2. 	Community Development Block Grant Program
		3. 	HOME Program
	D.	Hiring Practices for Government Assisted Housing
III.	Monitoring and Enforcement of Low Income Housing Tax Credit Properties 
	A.	Introduction
	B.	State Agency Monitoring Function Required by the IRS 
		1.	Recordkeeping
		2.	Certification and Review
		3.	Inspections
		4.	Notification of Noncompliance
	C.	Implementation by the States
	D.	Enforcement by the IRS	
Chapter 12: Preservation of Affordable Housing
By Paulette J. Williams
I.	Introduction
 A.	Overview of the Problem
 B.	Government Responses
 C.	The Critical Roles of Housing Advocates
 1.	Data Collection and Analysis
 2.	Using Regulatory Protections
 3.	Tenant Education, Advocacy and Organizing
 4.	Assisting with Preservation Purchases and Restructuring
 5.	Litigation
II.	Funding and Financial Restructuring Programs
 A.	Federal Programs
 	1.	ELIHPA and LIHPRHA
 	2.	Section 8 Contracts and Mark-to Market Preservation
 	3.	IRP Decoupling
 B.	State and Local Programs
III.	Regulatory Measures
 A.	Notice Requirements
 1.	Federal
 2.	State
 B.	Right of First Refusal Requirements
 C.	Other Regulatory Measures
Chapter 13: Federal Relocation and Replacement Housing Law
By Karen Tiedemann
I.	Introduction
II.	Federal Relocation Law
 A.	Overview
 B.	Applicable Law
 C.	Relocation Plans and Surveys
 D.	Notice Requirements
 1.	General Notice
 2.	Eligibility Or Non-Displacement Notice 
 3.	Ninety-Day Notice 
 4.	Post-Acquisition Tenant Notices
 5.	Landlord-Tenant Law Termination Notices
 E.	Displaced Persons
 1.	Persons Displaced by the Actions of Private Entities
 2.	Exclusions from Displaced Persons Definition
 a.	Unlawful Occupants
 b.	Post-Acquisition Tenants
 c.	Persons Not Required to Move
 d.	Owner-Occupants Who Voluntarily Sell
 e.	Code Enforcement
 f.	Temporary Displacement
 3.	Unqualified Aliens
 F.	Relocation Benefits
 1.	Business Relocatees 
 2.	Residential Relocatees
 a.	Tenants
 b.	Homeowners
 c.	Mobilehomes
G.	Last Resort Housing
 H.	Grievances and Appeal Procedures
 I.	Waiver of Benefits
III.	Replacement Housing Obligations
IV.	Civil Rights Issues Raised by Relocation Obligations and Replacement Housing
APPENDIX: Affordable Housing Law Resource List
INDEX

Library of Congress Subject Headings for this publication:

Housing -- Law and legislation -- United States.
Public housing -- Law and legislation -- United States.
Housing -- Finance -- Law and legislation -- United States.