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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.