HomeMy WebLinkAbout2006 08 21 Other Handout Creating Inclusive CommunitiesCREATING INCLUSIVE COMMUNITIES IN FLORIDA
A GUIDEBOOK FOR LOCAL ELECTED OFFICIALS
AND STAFF ON AVOIDING AND OVERCOMING THE
NOT IN MY BACKYARD SYNDROME
CREATING INCLUSIVE COMMUNITIES IN FLORIDA
A GUIDEBOOK FOR LOCAL ELECTED OFFICIALS
AND STAFF ON AVOIDING AND OVERCOMING THE
NOT IN My BACKYARD SYNDROME
ABOUT THIS BOOK
A MESSAGE TO LOCAL ELECTED OFFICIALS AND THEIR STAFF
Local government elected officials are the linchpin in the NIMBY battle;
it is essential that you get
the information you need
to avoid and overcome
the negative impacts of
NIMBYism.
The Not In My Backyard Syndrome (NIMBYism) presents a particularly perniCIOUS
obstacle to producing affordable housing. Local elected officials are regularly barraged
by the outcry of constituents' concerns over siting and permitting affordable housing.
Consequences of NIMBYism include: lengthy, hostile and unpleasant public proceedings,
frustration of local comprehensive plan implementation, increased costs of development,
property rights disputes, and inability to meet local housing needs. Local government elected
officials are the linchpin in the NIMBY battle; it is essential that you get the information you
need to avoid and overcome the negative impacts of NIMBYism.
ABOUT THIS BOOK:
A Message to Local Elected Officials
and Their Staff
In the context of this book, the Not In My Backyard
Syndrome refers to the objections of community
residents to siting affordable housing. The term
NIMBYism, as used in this context, connotes objections
made for reasons such as fear and prejudice. This is in
contrast, for example, to objections over the real threat
of an incompatible neighboring use, such as a hazardous
waste facility near a residential area. Affordable housing
NIMBYism is premised on ideas about the loss of
property value and quality of life due to perceptions
about the people who will be living in the affordable
housing and the affordable housing itself.
This book was created and developed by Jaimie Ross,
the Affordable Housing Director at 1000 Friends of
Florida, a statewide nonprofit growth management
membership organization. Questions may be directed to
the author, Jaimie A. Ross, Affordable Housing Director,
1000 Friends of Florida, 926 E. Park Ave., Tallahassee,
FL 32301; (850) 222-6277 or emailjlli11lieross@llo!.C011l.
TABLE
OF
CONTENTS
FEBRUARY 2005
4 CHAPTER ONE What is Affordable Housing?
10 CHAPTER TWO Who Lives in Affordable Housing?
14 CHAPTER THREE Why Include Affordable Housing in Your Community?
18 CHAPTER FOUR How is Affordable Housing Developed?
26 CHAPTER FIVE How Should Neighbors be Included in the Process?
30 CHAPTER SIX What Role does Design Play?
40 CHAPTER SEVEN What is the Connection Between Affordable Housing and Fair Housing?
46 CHAPTER EIGHT How can Local Government Avoid Legal Liability from NIMBYism?
51 APPENDIX 1 Median Incomes for Florida, 2005
53 APPENDIX 2 Financial Resources for Affordable Housing
81 APPENDIX 3 William E. Sadowski Affordable Housing Act
83 APPENDIX 4 Plans, Land Development Regulations, and Development Orders
85 APPENDIX 5 Bibliography of Property Value Studies
89 APPENDIX 6 Other Resources and Contact Information
Special thanks to Robert Koch of Fugleberg Koch Architects for his article on design in Chapter 6, to B.J. Owens
of the Florida Fair Housing Continuum and Community Legal Services of IVlid-Florida for her contributions to
Chapter 7, to the staff of the Florida Housing Finance Corporation and Wight Greger of the Florida Housing
Coalition for their contributions to Appendix 2, to Terrell K. Arline, Attorney at Law and Janet Bowman of 1000
Friends of Florida for Appendix 4, to the National Low Income Housing Coalition and Tim Iglesias for their
contributions to Appendix S.
Chapter One
Affordable housing IS safe and decent housing. It differs from market rate
housing in two ways:
1. The income of the family living in the housing.
2. The financing of the housing.
WHAT IS AFFORDABLE HOUSING?
(HUD) by county or Metropolitan Statistical Areas
(MSAs). See Appendix 1 for a list of median
incomes for all counties or MSAs in Florida as of
2005. Median incomes are updated annually by
HUD; the Florida Housing Coalition posts an
updated median income chart on its Website
www.flhollsillg.org. Go to SHIP FAQ, Income Limits.
In general, the income
INCOME RESTRICTED
eligible household is
said to be living in
Affordable housing is defined in terms of the
income of the people living in the home. The family
must be income eligible. Income eligibility is
defined in terms of area median income, adjusted
for family size.
affordable housing
Affordable housing is safe and decent housing. If the
housing stock in a community is substandard it
should not be counted as a unit of affordable housing.
In general, the income eligible household is said to
be living in affordable housing when it spends no
more than 30% of its income on either rent or mortgage
payments. There is an assumption that if a very low
to moderate income family is spending more than
30% of its income on housing costs, it will be cost
burdened and not have enough money left over to
pay for items such as utilities, transportation, food,
clothing, and healthcare.
when it spends no
more than 30% of its
· Extremely low income describes a family at or
below 30% of area median income.
. Very low income describes a family at or below
50% of area median income.
. Low income describes a family at or below 80% of
area median income.
· Moderate income describes a family at or below
120% of area median income (at or below 100% of
median income for federal programs).
income Ofl either rent
or mortgage payments.
The median income is determined by the
Department of Housing and Urban Development
The Charleston Club is a 288-unit Community developed by The CED Companies with financing from multifamily bonds and a SAIL loan
from the Florida Housing Finance Corporation (FHFC). It provides mixed income housing serving families at 50% and 60% of area
median income, as well as market rate units, in Sanford.
It follows that the concept of affordable housing is
not applicable to wealthy households. If a house-
hold earning $200,000 per year chooses to spend as
much as 50% of its income on housing cost, it could
do so without being cost burdened. The issue of
whether housing meets the technical definition of
"affordable" ceases to be a societal concern when
the income of the occu pan t exceeds 120%, or in
some jurisdictions, 80% of the area median income.
FINANCING
What makes the housing affordable is a decrease in
monthly rent or mortgage payments, so that the
income eligible family is able to pay less for the hous-
ing than it would otherwise cost at "market rate."
Lower monthly payments or down payment assis-
tance is a result of affordable housing financing. The
The issue of whether
housing meets the
technical definition of
"affordable" ceases to
be a societal concern
when the income of
the occupant exceeds
80% or 120% of the
area median income.
Affordable Housing Resources/Subsidies
financing of affordable housing is made possible
through government programs such as the Low Income
Housing Tax Credit Program (referred to as
the Housing Credit program by the Florida Housing
Finance Corporation) and the SHIP (State Housing
Initiatives Partnership) program. The major financing
programs for affordable housing are covered in
Appendix 2. You will find a summary of each program
along with contact information. You can also find
information about Florida's Affordable Housing
Finance programs by going to Florida Housing
Finance Corporation Website www.floridahousing.org.
(Above) Belmont Heights Estates, an affordable Housing
development in Tampa built by Michaels Development
Company with a variety sources.
(Left and Below), The Landings, developed by the CED Companies,
is a 336-unit community financed with local
bonds from the Orange County Housing Finance
Authority and a SAIL loan from FHFC. It serves
families at 50% and 60% of area median income in Orlando.
Flush with resident amenities including the "Monster Club"
after school program, a computer center, and move toward homeownership
program.
The Crossings is a 320-unit community in Miami, developed by the Comerstone Group, financed with $13.5 million in tax-exempt
bonds issued by the FHFC. One hundred percent of the community is set aside for residents earning less than 60% of the area median
income. The oversized 5,000+/- sq.ft. clubhouse depicted here, includes a community/social room for a variety of resident programs
and amenities, including a kitchen in which Otis Spunkmeyer cookies are baked throughout the day.
There was a time, not too long ago, when affordable
housing was synonymous with public housing.
Public housing was housing built and operated by
the government. Often times (especially in the
Northeast part of the United States) the public
housing of yesteryear was built in a large barrack
type of style, easily distinguishable from market
rate housing. Generally, the government is no
longer in the business of building and operating
affordable housing, unless it is doing so in partnership
with the private sector.
Affordable housing is now built by the private
sector, often by the very same companies who also
build luxury housing. The affordable housing is
physically indistinguishable from the market rate
housing. In summary, affordable housing is market
rate housing, built by the private sector with financial
subsidy from government, which allows the developer
to pass on savings in the form of reduced sales
prices or ren ts.
Generally, the governmellt
is no longer in the busine.ss
of building and operating
affordable housing,
unless it is doing so in
partnership with the
private sector.
Bridgewater Club Apartments,
developed by The CED Companies,
provides 192 units for low-income
families in Spring Hill. It was
financed with multifamily bonds
from the Florida Housing Finance
Corporation, and as with virtually
all rental developments financed
by FH FC, Bridgewater Club
Apartmmts provides a 5%
homeownership incentive.
Greett Gables is a 129 unit, 3 al/d 4 bedroom
coml/l1l1lity developed by Johll N. Curtis,
lowted ill Omla. Fill(Jllced u'ith Housil/g
Cn~dits from the Florida HOllsing Fil/ance
Corporatioll, Green Gables provides hOllsil/g
for lou,-il/come and extreme~)' lowi-il/come
families (15% of the units are .I'd-aside for
families earl/il/g less than 3.5% of area
median iI/come). The developmellt of GreeJI
Gables spurred economic iI/vestment in (III
area that was historiw/~y depressed al/d has
served to tum the neighborhood aroul/d.
As u,ith virtua/~)' all reI/tal developmel/ts
fil/al/ced by FH FC, Green Gables provides a
5% homeowl/ership illctlltive.
MOVING RESIDENTS TOWARD HOMEOWNERSHIP
While homeownership may be the ultimate goal for low-
income families, homeownership requires a continuum of
housing opportunities. Almost without exception, affordable
housing built for low-income families using the Florida
Housing Finance Corporation's programs, including
Housing Tax Credits and SAIL, provides programs for
moving residents into homeownership. These programs
include financial literacy, homebuyer counseling and a
lease incentive which provides the family with 5% of its
rental payments for down payment assistance should they
purchase a home.
Prospect Park provides affordable housing for 125 families
in Ft. Lauderdale. It was developed by The Carlisle Group
with multifamily bonds from Broward County HFA, 4%
tax credits, and HOME funds from Broward County.
AFFORDABLE HOUSING FACTS
The only difference between market rate housing and affordable housing is that affordable
housing uses government subsidy for construction costs in addition to its conventional
financing. The facts about affordable housing in Florida are that most new developments carry
a 50 year land use restriction agreement, which requires the development to have professional
management, substantial resident amenities and services, and meet strict compliance standards
as to the eligibility of the residents and the condition of the units. The state monitors each site
at least once a year for compliance. Developments that have both low-income units and market
rate units are identical in every way other than the income of the family living in the unit.
Resident amenities and programs commonly found in Florida's affordable
housing rental developments include on-site after school programs, computer labs,
financial literary training, and a down-payment
assistance program to move residents toward homeownership.
CHAPTER TWO
Affordable housing is sometimes referred to as "WORKFORCE HOUSING:' This is
because affordable housing serves the needs of people employed in the jobs that we rely
upon to make every communIty viable. They are people such as teachers, teachers aids,
nursing assistants, medical technologists, retail workers, government employees, emergency
services providers and law enforcement. These are some of the low and very low-income
members of your community.
WHO LIVES IN AFFORDABLE
HOUSING?
They are people such as
teachers, teachers aids,
nursing assistants,
medical technologists,
retail workers,
government employees,
emergency serVices
providers and law
enforcement.
THE WORKFORCE...
RESIDENT PROFILE
Westchester entry and clubhouse.
In the Westchester Development, owned and operated by the Wilson
Company, the resident profile is:
Home Depot - Sales
Hillsborough County Tax
Collector - Customer Service
Capital One - Acct. Support
Quest Diagnostics - Data Entry
Rooms to Go - Quality Control
Tampa General Hospital - Nurse
Walgreens - Pharmacy Tech
Kindercare - Teacher
South trust Bank - Teller
Brookwood Academy - Preschool teacher
Progressive Insurance - Underwriter
Chase Manhattan - Customer Service
RepresClltative
Casa Mariposa Senior Housing built by Community Housing &
Resources, Inc., Sanibel.
THE ELDERLY...
Built in 2004, The Villas al Hampton Park is a 48-unit
apartment providing homes to extremely low-income
seniors, with an average income of $9,150. Each floor
of the complex contains common space such as a dayroom,
library, game room, computer lab, exercise room and a
nondenominational chapel. The Orlando Housing Authority
supplemented its federal HOPE VI and public housing
funds with non-federal funds to provide the upgrades.
Approximately 18% of all elderly households In
Florida (65 years of age and older) live at or
below the poverty level (U.S. Census, 2000).
According to the Shimberg Center for Affordable
Housing, Florida Housing Finance Corporation
2004 Rental Market Study of the 174,316 lower
income, cost-burdened, renter households (renter
households paying more than 30% of their
income on housing with incomes at or below 60%
of area median) aged 55 and over in Florida, 62%
are paying more than 50% of their income toward
housing costs.
A person working a
minimum wage job
in Florida earns
approximately
$12,000 per year.
~
Affordable housing is
also needed by the
physically or mentally
disabled.
PEOPLE WITH DISABILITIES AND THOSE
WHO MIGHT OTHERWISE BE HOMELESS.
Brow'ord Coullty CDC tOW'1I home ill Pompallo Beorh orquired
through SHIP fUllds for fI lJItl/tal health rOIlSlllJler that w'as ill
the process of foredosure. FOl1l1erlya medial! doc/ol; a sillgle mom
with lJItl/tal illlless livillg 011 a fixed illwme IIOW' has fI home for
herself fllld her sou for OU~)' $178 per IJIOllth.
Affordable housing is also needed by people with
physical or mental disabilities. These populations
may be the very lowest income in your community.
For example, a person living on supplemental security
income may be living on less than $7,700 per year.
There are a number of nonprofit organizations
throughout the state of Florida in the business of
Liberty Cellter 111, (pillured above) drueloped by Liberty Cmter
for the Homeless, IIIC, a uOIIProfit wrpomtiou, is oue of four
Liberty Center develoPllletlts servillg the homeless ill Jad:sollville.
Eflrh is fillallred w'ith combillatiolls of H ousillg Credits, SAIL,
SHIp, HOME, JlIrKilllley 11a fUllds, alld convelltiollalloalls.
providing housing in partnership with others for
these "special needs" populations. The developers
of affordable housing, whether for profit or nonprofit,
will usually include a mix of units in a development
to meet the needs of a continuum of extremely low to
low-income families.
The Coalition to Assist Supported Living (CASL) in Sarasota, provides
affordable housing for people with developmental
disabilities, funded with assistance from local governments, foundations,
and the Florida Housing Finance Corporation.
Children who are homeless, live in overcrowded housing, or are
shuffled about as families search for decent housing, will suffer
substantially in school.
CHAPTER THREE
Every unit of local government in the state of Florida has a legal obligation to provide for
the housing needs of its entire community pursuant to the Local Government
Comprehensive Planning and Land Development Regulation Act of 1985 (Chapter 163, Part II,
Florida Statutes, commonly referred to as the Growth Management Act). The Growth
Management Act sets forth certain requirements for each plan element.
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WHY INCLUDE AFFORDABLE
HOUSING IN YOUR COMMUNITY?
AFFORDABLE HOUSING IS A LEGAL OBLIGATION
· Housing all Cl/tTent and
anticipated residents
· Providing adequate sites
· Eliminating
substandard housing
~
The requirements for housing are found in Section
163.3177 Florida Statutes, subsection (6)(f) as follows:
low-income, and moderate-income families,
mobile homes, and group home facilities and foster
care facilities, with supporting infrastructure and
public facilities.
A housing element consisting of standards, plans
and principles to be followed in:
1) The provision of housing for all current and
anticipated future residents of the jurisdiction.
5) Provision for relocation housing and identification
of historically significant and other housing for
purposes of conservation, rehabilitation, or
replacement.
2) The elimination of substandard dwelling
conditions.
6) The formulation of housing implementation
programs.
3) The structural and aesthetic Improvement of
existing housing.
7) The creation or preservation of affordable housing
to minimize the need for additional local services
and avoid the concentration of affordable housing
units only in specific areas of the jurisdiction.
4) The provision of adequate sites for future
housing, including housing for low-income, very
The Administrative Code requirements for the
Housing Element are found in 9J-5, Florida
Administrative Code(FAC), which states:
CITY VIEW AT HUGHES SQUARE
Hughes Square is a mixed-use, mixed income development in downtown
Orlando. It consists of City View, 266 rental apartments, 23,000 square
feet of neighborhood shopping, and associated amenities and is anchored by the
corporate headquarters of a Fortune 500 Company: Hughes Supply, Inc.
The affordable residential community at City View was jointly developed by
Banc of America Community Development Corporation and the nonprofit
Orlando Neighborhood Improvement Corporation (ONIC). It includes 14
three bedroom units, 133 two bedroom apartments, and 119 one bedroom
units. Of the total 266 untis, 10% will be reserved for very low-income
households (50% of area median household income), 30% will be reserved
for those at 60% of median income, and 10% will be held for households at
120% median. Because the debt is tax-exempt, the remainder of the
apartments must be set aside for households below 150% of median income.
The planning, funding and development of City View at Hughes Square was
certainly complex, but nonetheless a replicable model.
The state, through a
HOUSING ELEMENT DATA AND
ANALYSIS REQUIREMENTS
cOlltract with the
The housing element is to be based on data from
the latest decennial United States census or more
recent estimates, including the affordable housing
needs assessment that is provided by the state.
The purpose of this element is to provide
guidance to local governments to develop
appropriate plans and policies to demonstrate
their commitment to meet identified or projected
deficits in the supply of housing. These plans
and policies address government activities as
well as provide direction and assistance to the
efforts of the private sector.
Shimberg Cellter for
Affordable H ousillg,
provides every local
Pursuant to the requirement that the state provide
a statewide needs assessment, the Department of
Community Affairs contracts with the Shimberg
Center at the University of Florida in Gainesville,
to develop a methodology and perform the assessment.
All local governments have been provided with
the data for their jurisdiction. This has removed
the burden of complying with the laundry list of
data and analysis requirements in 9J-5.005(2), FAC.
The administrative rule basically reiterates the
statute, but clarifies that all current and anticipated
future residents include those with special needs
such as farmworkers; that local governments are
expected to partner with the private sector; and
utilize federal, state, and local subsidy programs to
meet their housing goals.
governmellt with data
showillg how mallY Ullits
of homeowllership alld
relltal units are needed
within the jurisdiction.
~
The family pictured to
tlte right had bem living
in this substandard
AFFORDABLE HOUSING
IMPROVES THE ECONOMIC
HEALTH OF THE COMMUNITY
AND ENHANCES THE LIVABILITY
OF THE COMMUNITY FOR
EVERYONE
housing. The SHIP
program in Gadsden
County assisted in the
construction of their
new home,
When a community has dilapidated housing
stock, or people living on the streets, the
entire community suffers. Those who are in
the dilapidated housing or without any housing
certainly suffer the most. But inadequate
housing effects everyone in the community.
pictured above.
~
None of us want to explain to our children why
the richest country in the world has people
living in shacks or without homes at all. Some
would argue that adequate housing is a moral
imperative as much as a legal obligation.
Aside from the legal obligation to provide housing
for the entire current and anticipated population,
every local government in Florida should provide
a mix of housing so that it can continue to grow
economically. When new industries evaluate a
prospective community, one of the factors they
consider is whether adequate workforce housing is
available. New industries provide jobs and a
substantial ad valorem tax base. To attract new
industry and raise the ad valorem tax base of your
community through the development of nonresidential
properties, you must have an adequate inventory of
affordable housing. In some communities, where
housing is extremely expensive, such as the Florida
Keys, Naples, and any number of other waterfront
communities, there is a very real threat of losing
basic services, such as teachers and police protection
due to a lack of affordable housing.
Affordable housing should be located throughout
the jurisdiction to provide maximum housing oppor-
tunities to all families. It is not necessary to avoid a
"concentration" of affordable housing in the way we
have learned to avoid a concentration of government
built housing. The premise behind avoiding a con-
centration of the public housing built and operated
HOSPITALS... SCHOOLS...
TECHNOLOGY /SUSINESS PARKS...
ALL NEED HOUSING FOR EMPLOYEES
by the government is that the public housing popu-
lation may suffer from social ills associated with
unemployment and poverty. The concentration of
extremely low-income families in poorly managed
and maintained properties has in some instances
lead to problems with drug or other criminal activity.
Affordable housing built, managed, and maintained
by the private sector is typically housing for working
families; families that should be located near job
centers, good schools and, whenever possible,
public transportation.
To attract new industry and raise the valorem tax base of your communty
through the development of nonresidential properties, you must have an
adequate inventory of affordable housing.
CHAPTER FOUR
HOW
IS
Local government has
a number of tools to
encourage and assist
the private sector in
developing affordable
housing.
The legal obligation to provide for the housing needs of the entire current and anticipated
population, as outlined in Chapter Three, does not mean that local government is
expected to develop or construct housing. Local government is expected to use its authority
and expertise to encourage and assist the private sector to produce affordable housing.
Affordable housing is developed by the private sector with the help of construction subsidy.
But oftentimes financial subsidy for construction is not enough. Local government has a
number of tools to encourage and assist the private sector in developing affordable housing.
Those tools include: (1) PLANNING, (2) FINANCING, and (3) REGULATORY REFORi\1.
AFFORDABLE HOUSING
DEVELOPED?
PLANNING FOR
AFFORDABLE
HOUSING
residents, anticipated residents, and those with special
needs such as farmworkers and people in need of
group homes. Part of comprehensive planning for
affordable housing is the designation of adequate
sites for affordable housing on the future land use
map. The future land use map is a required element
in the comprehensive plan. Another part of planning
for affordable housing is implementation of the
comprehensive plan housing element and future
land use map through consistent land development
regulations and development orders.
Planning is an essential part of producing affordable
housing. In Florida, planning for affordable housing
begins with comprehensive planning. Every local
government is required to plan, in its housing element,
for the housing needs of its entire population: existing
Railroad AVeIlue Apartmellts: The City of Winter Park provided over olle millioll dollars from a combillatiol/ of local government
fllllds gellemtedfrom a lillkage fee ordillance alld other local govertlmellt initiatives to levemge Fedeml HOil! E funds and provide
30 ullits of new construction rental for 10'lQ)-income families developed by Or/ando Neighborhoodlmprovemellt COIPomtion.
Partners ineluded the Willter Park Housillg Authority (which is leasing the land from the city), the I/onprofit developer, Or/ando
Neighborhood Developmellt COlpomtioll, the Omllge Coullty Housing Fillal/ce Authority, Florida Commul/ity Partllers, Florida
COlllmunity Capital COIPoration, and the Oral/ge COllllty SHIP program. Twelve IlIIits house very low-iI/COllie falllilies; IO-ul/its
house low-incollle families; and8 IInits are lIIarket rate, I/O iI/come restrictiol/s.
ADEQUATE SITES
employment, transportation, schools, day care, and
other community and social services. To promote
a mix of incomes and to avoid the concentration of
low-income housing, multifamily housing could be
permitted in all residential areas, subject to design
standards, as well as in mixed use areas where
neo-traditional design is encouraged.
Homeownership is what many favor for themselves
and for others. Unfortunately, the number of persons
earning wages too low to afford homeownership
means that rental housing is the type of affordable
housing most needed in Florida. Rental housing
generally takes the form of high rise apartments,
garden apartments, townhouses, and quadroplexes,
triplexes, or duplexes. Providing adequate sites for
such housing means that local government future
land use maps and local zoning codes designate sites
for multifamily housing. These sites should be
within the urban service boundary, close to major
When adequate sites are not designated for multi-
family housing the result is a deficit of housing for
residents and employees within the jurisdiction.
This is because developers are not likely to undertake
the task of comprehensive plan or zoning changes
to accommodate the multifamily housing. If the
When adequate sites are not designated for mutilfamily housing
the result is a deficit of housing for residents and employees within
the jurisdiction.
Planningfor affordable
housing includes
adequate sites zoned
for multifamily housing
and a zoning code
that creates a friendly
environment for
the development of
affordable housing.
The Villas at Hampton Park is a 48-lInit apartment providing homes to extremely low-illcome smiors, with an average iI/come of
$9,1 50. The Orlando Housillg Authority supplemented its federal HOPE J!I and public hOllsing fllnds with nOli-federal funds to
provide the upgrades.
developer does brave an application for a zoning
change he or she is often subjected to abusive
behavior. Police escorts from city and county com-
mission chambers to protect developers from the
NIMBY crowd are not atypical enough. In addition
to the emotional stress, the developer suffers sub-
stantial time delays, and increases in the cost of
development, which may result in higher costs to
the residents.
In 2004, the Florida Legislature amended Section
163.3177, Florida Statutes to encourage local
governments to allow accessory dwelling units in
any area zoned for single-family residential use for
the purpose of providing affordable rental housing.
The Department of Community Affairs will make
a report to the Legislature by January 1, 2007,
specifying the number of accessory dwelling units
that were created pursuant to ordinances that permit
accessory dwelling units in single-family areas.
IMPLEMENTATION
THROUGH LAND
DEVELOPMENT
REGULATIONS
Every local government must adopt land development
regulations (ordinances), which implement the
policies in the comprehensive plan within twelve
months from adoption of the plan or plan amendment.
These land development regulations may be as
commonplace as an impact fee waiver/reduction or
as progressive as an inclusionary zoning ordinance,
requiring all developments of a certain size to
include some percentage of affordable housing within
the development.
Even in instances of good comprehensive planning,
evidenced by a housing element with measurable
goals, objectives, and policies based on reliable data
and analysis, an affordable housing development
may be tied up in the development or permitting
process by vehement opposition from the community,
because of inadequate land development regulations.
For example, zoning codes that are so restrictive as
to necessitate a public hearing for any increase in
density or deviation from a minimum threshold will
result in NIMBY opportunities.
The adoption of a zoning code that implements the
future land use map and the goals, objectives, and
policies of the housing element is the first step in
avoiding this problem. For example, a zoning code
which provides a density bonus as a special exception
rather than as a conditional use, or a zoning code which
permits all types of residential uses within each
residentially zoned area, would go a long way toward
avoiding NIMBYism. Another progressive move
toward averting NIMBYism is to delegate to staff those
matters which are not required by local charter or
bylaws to come before the city or county commission.
Eliminating unnecessary public hearings will reduce
opportunities for nonproductive community opposition.
FINANCING
Most of the financing for affordable housing will
come directly from the federal government or
from federal and state programs administered by
the Florida Housing Finance Corporation. Those
programs are covered in Appendix 2. But in many
of these programs developers are competing in a
process that rewards those who can leverage state
dollars with local contributions. All counties and
entitlement cities in Florida have SHIP funds.
Local governments over 50,000 in population also
have federal HOME and CDBG monies to award to
local developers. Making these awards in a timely
Financing for affordable housing is available from numerous state, federal,
and conventional sources. Local governments can leverage these
funds through a variety of contributions.
Regulatory reform
should reduce costs
while maintaining
quality. Regulatory
reforms provided as
a matter of right will
increase the delivery
of affordable homes.
manner can be critical to the developer's success in
securing the private sector conventional financing
that often constitutes over half the funds needed to
finance the development. Local government can
also contribute financially though a number of other
means, such as waiver, payment, or reduction in
water and sewer, transportation or impact fees;
contribution of infrastructure, and surplus land or
use of general revenue to supplement the financial
subsidy in the development. Developing afford-
able housing is only accomplished through the joint
efforts of the private and public sectors.
granted simultaneously, such as reduced set-backs,
combined with narrow streets, and on-street parking,
the quality of the development will be reduced,
giving the neighborhood a legitimate reason for
opposing the development. But regulatory reforms
that are balanced and provided as a matter of right
will increase the delivery of affordable homes.
REGULATORY REFORM
Regulations that have no posItIve effect on the
health, safety, and welfare of the community, and
have a detrimental effect on affordability have no
legitimate place in the zoning code. An example of
this would be a minimum square footage requirement
or a requirement that all homes have two car garages.
Such an ordinance adds to the cost of housing
without providing a counter balancing public purpose.
These issues are addressed in Chapter Six on the role
of design and Chapter Seven on the connection
between affordable housing and fair housing.
Reforming regulations that add to the cost of
housing is an essential local government tool. But
housing quality must be maintained while costs are
reduced. If too many reliefs from regulation are
"Airplane" and "Camel Back" style duplexes are two of the designs
The Michaels Development Co./Torti Gallas and Partners, used in
Belmont Heights Estates, an affordable housing development in Tampa
built with a variety of funds including multifamily bond financing from the Hillsborough
County HFA.
Jones Landing provides first-time homeownership to seven familites
in this townhouse development built by Weststar Homes, Inc. with
construction financing and down payment assistance with SHIP and
HOME programs administered from the City of Orlando Housing
Department. Each unit is resale restructed for 15 years: only low
and very low-income buyers qualify. Familites paid as little as $60,000
to live in these 1,500 square foot, two care garage townhomes in
downtown Orlando.
When the SHIP program was created in 1992 (see
Appendix 3, William E. Sadowski Affordable Housing
Act), providing millions annually in grant monies
to local government for the production of affordable
housing, it came with the condition that local
government do its part to reduce the cost of housing
by expediting permits specifically for affordable
housing. "Permits" are defined in accordance with
Section 163.3164 (7),(8), Florida Statutes:
Local government planners, engi-
neers, and others in the land use per-
mitting loop, are not in the business
of administering the SHIP program,
and are frequently unfamiliar with
its legal parameters. But unless a
preference in timing is given to affordable housing
development in all aspects of land use permitting,
as defined above, the local program is not conform-
ing to the requirements of the SHIP statute. And,
if corrective action is not taken to implement expe-
dited permitting for affordable housing, the grant
of SHIP funds to the local government can be ter-
minated.
A permit is a development order which means
any order granting, denying, or granting with
conditions an application for a development
permit. A development permit includes: any
building permit, zoning permit, subdivision
approval, rezoning, certification, special
exception, variance, or any other official
action of local government having the effect
of permitting the development of land.
When local government submits its annual SHIP
report to FHFC it must include a dollar estimate
for the increase in housing costs associated with
the adoption of land development regulations during
the preceding year. To accomplish this, local
government will need a housing economic impact
assessment each time it adopts an ordinance so that
an annual tally can be made. This process does not
prevent local government from adopting ordinances
that increase the cost of housing, but it does insist
upon an awareness of the consequences for affordable
housing from a variety of land development regulations.
All local governments
receiving SHIP funds
must:
(1) expedite all permits for
affordable housing; and
(2) have an on-going
process of review of all
land development
regulations, comprehensive
plan amendments, and
ordinances that increase
the cost of housing, prior
to adoption.
Trees and landscaping enhance pride in the home, provide a sense
of community, and reduce neighborhood opposition.
THE USE OF LANDSCAPING
An example of a land development
regulation that adds to the cost of con-
struction, but is good for affordable housing is
a landscaping and tree protection ordinance.
Curb appeal is most significantly impacted by
trees and landscaping. Trees and landscaping
enhance pride in the home, provide a sense
of community, and reduce NIMBY complaints.
Trees can also provide a buffer between uses.
For example, multifamily affordable housing
can be nestled in a cluster development
adjacent to large-lot single-family neighborhood
without any break in the scenic flow, provided
adequate landscaping is used. The use of
landscaping and natural buffers will allow
the development to go forward and thrive
as a community asset. Moreover, trees
which provide shade and reduce the need
for air conditioning may render a home
more affordable due to lower utility costs.
But no ordinances, including landscaping
and tree ordinances, can apply only to
affordable housing without running afoul
of fair housing laws. See Chapter Seven on
the connection between affordable housing
and fair housing.
The use of landscaping
and natural buffers will
allow the development to
go forward and thrive
as a community asset.
~
CHAPTER FIVE
HOW SHOULD NEIGHBORS BE INCLUDED IN THE PROCESS?
Florida's Growth Management Act gives great weight to cItIzen participation and the
rights of citizens to challenge development orders for inconsistency with the local
comprehensive plan (see Appendix 4 for process). When land use changes are proposed, nearby
property owners are notified and invited to participate in the public hearing. Although
affordable housing is no different in land use type than luxury housing, it may evoke a highly
charged reaction within the neighborhood. The legitimate concerns of neighbors to a
proposed development must be addressed.
INCLUDED
Many times the developer will discover that opposition to the developement
is based on misinformation.
Prior to the Public Hearing
BEST PRACTICES
FOR ADDRESSING
COMMUNITY
OPPOSITION PRIOR TO
PUBLIC HEARING
the words and actions of its elected officials and staff.
If the community has heard positive messages about
affordable housing, is generally aware of the need
for affordable housing, and has enough evidence
that there is no reason to fear affordable housing,
community opposition need not emerge.
General education about affordable housing and its
place of importance in the community should ideally
take place long before public hearings on a specific
development. Local government is in a position to
assist in this effort by taking a leadership role through
. One school of thought is that it is best for the
developer to meet with neighbors before having a
set plan for development to give the neighbors
the opportunity to join in the planning and design
of the affordable development. In this way,
neighborhood "buy-in" is the greatest. But many
believe this is not the way to go, as it sends a message
to the neighborhood that there is something different
about affordable housing that justifies it being
treated in a different manner than market rate
housing. After all, it would be highly unlikely
that a developer of luxury or market rate housing
would ever solicit community input for the
design or plan of the proposed luxury or market
rate development.
explaining the plan for development or showing
the development plans to the neighboring property
owners. There is some difference of opinion as
to whether the developer should outreach to
neighbors. Some believe it is extremely productive,
while others find it creates a forum for building
opposition momentum.
· To avoid the NIMBY battle during a public hearing,
it is best if the developer can meet with the
neighbors ahead of time to answer any questions
they may have about the proposed development.
Many times the developer will discover that
opposition to the development is based on
misinformation. This can be rectified by
· Neighboring property owners are often concerned
that the affordable housing development will
not look good. The developer could respond best
to these concerns by taking the neighbors on a
tour of developments similar to the proposed
development and arranging for the neighbors to
speak with residents who live nearby an affordable
development. Oftentimes, if neighbors get a
To avoid the NIMBY
battle during a public
hearing, it is best if
the developer can meet
with the neighbors
ahead of time to answer
any questions they
may have about the
proposed development.
Dispelling the myth
that affordable housing
reduces property values
1S a must.
Fortunately, a great
many studies have bem
done nationwide to
provide us with the
evidence we need that
affordable housing does
not reduce property
values, and indeed, in
some instances increases
neighboring property
values.
L_
~
chance to see an affordable housing development
they are so surprised by how attractive it is that
they no longer object to the proposed development.
· A reduction in property value is usually the primary
concern heard from community opposition.
Dispelling the myth that affordable housing
reduces property values is a must. Fortunately, a
great many studies have been done nationwide to
provide us with the evidence we need that affordable
housing does not reduce property values, and
indeed, in some instances increases neighboring
property values. Appendix 5 provides a compre-
hensive bibliography of property value studies
showing that affordable housing does not reduce
neighboring real property values.
Distinguishing between legitimate concerns that
may be easily addressed and opposition based
on fear, ignorance, or bigotry is critical. A tip-
off that community opposition is not grounded
in legitimate concerns is when the developer
addresses one issue, only to find another issue is
raised; when that issue is addressed, yet another
issue is raised, and so on.
During the Public Hearing
Nearly every hearing in regard to a particular
development approval will be quasi-judicial in
nature. This means the county or city commission
must conduct the hearing in a courtroom-like
manner to ensure the due process rights of the
citizen requesting a land use permit. The quasi-
judicial nature of the proceeding requires that the
comments made to the commissioners be treated
as testimony and that decision-makers base their
decisions on substantial competent evidence.
For example:
The crowd opposing the development makes
vehement claims of traffic concerns, but does not
produce a traffic study to support its position. The
developer submits a credible traffic study which
shows the traffic impacts to be negligible. In this
case, the local government would not have substantial
competent evidence upon which to deny the
development due to traffic impacts.
It is important to encourage community participation
while defusing affordable housing NIMBYs.
BEST PRACTICES
FOR ADDRESSING
COMMUNITY
OPPOSITION
THE PUBLIC
DURING
HEARING
· Affordable housing should be treated exactly as
any other housing. There are two exceptions to
this rule: (1) Affordable housing permits must be
expedited. Delaying or continuing a land use or
permitting hearing based on neighborhood
opposition undermines the legal requirement for
expediting affordable housing permits. The most
extreme example of delaying an affordable housing
development based on neighborhood opposition
would be the adoption of a moratorium which has
the effect of stopping the development.
(2) Affordable housing should be treated as
"infrastructure like" for purposes of fiscal impact
analysis, and like schools, roads, or hospitals,
should not be subject to a fiscal impact analysis
for purposes of permitting decisions.
· Treating affordable housing as you would treat
any other housing means there should be no
consideration given to the "type" of people who
will be living in the housing when making a
land use decision. If a permitting decision is
made based on the fact that the development is
affordable, the local government will be violating
Section 760.26, Florida Statutes (see Chapter Seven,
The Connection Between Affordable Housing and
Fair Housing).
· Everyone who speaks about the development at
the public hearing should be treated as a witness.
They should state their name and address for the
record and speak into a microphone as the hearing
is taped. This means it is inappropriate to allow
anyone to yell out comments from their seats or
the back of the room. After the testimony from
the community opposition is heard, the party
requesting the development permit should have
an opportunity for response or rebuttal to that
testimony. If, for example, a public hearing is
held in a manner that allows the petitioner to
make a five or ten minute presentation and that
presentation is followed by five minutes of
community opposition testimony from 7S people,
the hearing has taken on a decidedly lopsided
flavor, where decisions appear to be made by
majority (or some might say "mob") rule rather
than a fair eval uation of the facts.
MORATORIUMS
A moratorium is to be
used in cases of emergency
to stop construction or
development for a
temporary period of time
so that local government
can adequately plan.
In the case of affordable
housing, every local
government is legally
compelled to have a local
comprehensive plan and
future land use map that
has adequately planned
for affordable housing
(see Chapter Three, Why
Include Affordable
Housing In Your
Community). It would
therefore be unlikely that a
moratorium on affordable
housing could ever fall
within legal parameters.
CHAPTER SIX
Before the community at large will embrace affordable housing, it must know that affordable
housing can be as attractive as market rate housing. The education process begins with
design. If neighborhood opposition has nothing to do with perceptions about the people who
will be living in the housing, the concern over property values is more than likely a concern over
design. The opposition is bottomed on the belief that affordable housing is somehow cheap
or ugly and does not fit within a community of market rate housing.
WHAT
ROLE
DOES
DESIGN
PLAY?
Affordable housing can and should fit aesthetically
within market rate communities
All low cost housing is not affordable housing.
WHY IS THERE A
PERCEPTION THAT
AFFORDABLE HOUSING
IS CHEAP OR UGLY?
Another reason for the perception of affordable
housing as cheap or ugly is the assumption that all
cheap and ugly housing in the community is
affordable housing. If you were to drive around a
given town and ask your passenger to point to
which developments are affordable housing, he or
she would most likely point to the unattractive and
run down housing and say "that's affordable hous-
ing." But in fact, the housing which is pointed to
as "affordable" is actually market rate housing
(housing that is built without financial subsidy) that
is rented or sold to low-income people. All low cost
housing is not affordable housing. Affordable housing
is safe and decent housing (not substandard), which
is made affordable to low-income persons
A number of Floridians moved here from the
Northeast, where they may have had personal
experience with large government housing projects
causing a deleterious effect in their area. They
have moved to Florida for its beauty and want to
make absolutely sure that what they experienced
"up north" is not going to happen here.
Parker Place has five bungalow style homes located in the
City of Lahlfwd. Developed by Keystone Challenge Fund
m,ith assisttlllce from the City of Lahlflnd SHIP program,
these homes have provided low alld moderate income fami-
lies with first-time homeowllership.
through financial subsidies in the construction or
downpayment and closing cost assistance to the
homeowner and generally requires the resident or
homeowner to spend no more than 30% of its
income on housing costs.
WE MUST DISPEL
THE MYTH THAT
AFFORDABLE
HOUSING IS
CHEAP OR UGLY
The National Low Income Housing Coalition
dedicated the Fall 2001 issue of the National
NIMBY Report to design. You can read that article
online at www.lllihc.org or order a copy of the report
from the National Low Income Housing Coalition
using the contact information provided in Appendix 6.
"Affordable housing has
acquired an important
niche in the architectural
community.... Often the
architecture of affordable
housing is better than
the architecture of the
market-rate production
housing." Interview
with Michael Pyatok,
Design and Public
Opinion,
The NI'NIBY Report,
NLIHC, Fall 2001.
Minds are loathe to change once a neighborhood opposition effort
has been launched.
Telesis Miami Corporatioll developed "Bradmtoll ViI/age," ill partllership with the Bradelltoll HOIlSillg illlthorit.1'. Olle
hlllldred alld sixty towllhomeJ, fillallced with a combillatioll of f"lldillg, illc/lIdillg FH FC Pre-Deoe!opmellt Loal/ Program
FlIl/ds (PLP) al/d FH FC 9% HOIlSillg Credits. Approximately 85% serve families at or below 60% of area mediall
illcome; 15% of the homes save families at or below 30% of area medial/ iI/come.
You will find articles and illustrations from architects,
developers, and affordable housing advocates to
assist you in allaying the negative perceptions about
what affordable housing looks like.
neighborhood support. Both strategies have been
used successfully. Nationally known architect
Michael Pyatok, one of the authors of Good
Neighbors: Affordable Family Housing, Rand
Publishing, 1996, recommends participatory design
workshops with the neighborhood to garner support
for the development. He recommends that the
developer meet with the neighbors before a plan is
developed, so the neighbors have the opportunity
to participate in the development plans. But others
vehemently disagree with this tact.
DISPELLING THE MYTH
BEGINS WITH EDUCATION
Tackling NIMBYism in general, and NIMBY design
issues in particular, is fairly new territory and as yet
unsettled among housing professionals. For example,
a common dilemma for the affordable housing
developer is whether to proceed stealthily in an
attempt to avoid neighborhood opposition, or to
boldly bring the development to the attention of
the neighborhood early on, in an effort to enlist
One thing upon which everyone can agree is that it
is never too early to educate public officials and the
public at large about affordable housing design.
Minds are loathe to change once a neighborhood
opposition effort has been launched. If the
prospect of a multifamily affordable development
conjures images of the mammoth government built
and mismanaged public housing apartments of
yesteryear and the prospect of an affordable single
family home conjures images of a bare bones house
that sticks out like a sore thumb as the "affordable
house," the private sector affordable housing
developer will be in for a difficult time from the
market rate neighborhood.
The Florida Housing Coalition and the
Department of Community Affairs have received
a great deal of positive feedback from the design
workshops we have provided using the expertise
of Florida architect Robert Koch, of Fugleberg
Koch Architects. Koch contributes the following
guidelines for designing affordable homes to
fit aesthetically within Florida's market rate
neigh borhoods.
Pinllacle Honsing Gronp, uses "ilrt ill Public
Places" to reduce NIMBY oppositioll alld
provide a more love~)' enviroflment for the
residents of their afforr/able co III III U nities, ,
Rayos Del Sol stallr/s out for its design
beuuty, topped off by vibrant colorer/metal
butte/flies and a fiber optics lighting sculpture
depicting the rays of the .lUll atop this 13
stOl~V Spanish-flavorer/ building in East
Little Havana, Pinnacle Fiew boasts a 40
foot Illural while providing apartlllellts for
186 10'lJ})-inco Ille families ill dowlltowll
111iallli, The Pillnacle Housing Group
co III III issio ns 'UO'orlr/ renowned local artists to
desigll art'UO'ork for each of its affordable
developmmts,
"People who know
contemporary affordable
housing are aware
that developers have
im'Olporated valuable
lessons from the overly
publicized failed public
housing 'projects' and
no frills aptlltment
complexes... a ne<'@ coholt
of architects has created
attractive, well functioning
buildings that are often
more attractive than
market-rate developments.
let, the broader public
and most decision-makers
are unaware of this
well-kept affordable
housing secret"
Tim Iglesias,
The Promise and
Limits of Design,
The NIMBY Report,
NLIHC, Fall 2001.
Four different designs for affordable single-family housing used in
Hampton Park Development, Orlando.
Robert Koch, AlA
Fuglebetg Koch
Architects
I am convinced of
the need to introduce
affordable choices into
areas where higher
values prevail.
HOW TRADITIONAL NEIGHBORHOOD DESIGN
CAN SUPPORT DIVERSITY
By Robert A. Koch
If families with limited incomes are to have
choices in where they live, housing they can
afford must be built in many neighborhoods.
In a perfect world, neighborhoods, developments,
and communities would have a blend of housing at
various price levels. But this approach is too
inefficient for many developers. Mass production,
with little variety and customization, permits
greater economy. Heterogeneous developments are
more expensive, regardless of size and quality.
Nonetheless, I am convinced of the need to introduce
affordable choices into areas where higher values
prevail. Here are some of the tools I recommend
for those interested in developing what I call
"inclusionary housing." These tools come from the
school of Traditional Neighborhood Design, or
TND, an urban design movement whose popularity
continues to grow. TND, rooted in American
neighborhoods of the early 20th century, emphasizes
mixed-use development, pedestrian-friendliness,
and opposition to sprawl. Front porches are a
hallmark of TND design, but the movement
extends to land use planning and balanced
development principles.
1 . VARY THE LOT SIZE
Since the 1950s, lot arrangements for residential
neighborhoods have relied on the street for all auto-
mobile and pedestrian access. Lot widths have been
diminishing, and consequently the amount of the lot
frontage dedicated to the automobile has grown
significantly. In this day of 50-foot-wide (and some-
times narrower) lots with two car garages and nominal
setbacks, street faces are dominated by the car
population. The hidden human spaces behind the
cars and garages often face away from the street.
The rediscovery of traditional patterns with service
drives and garages at the rear has prompted a surprising
discovery: Narrow lots where the garage is concealed
generate the same perceived value as wider lots with
garages dominating the street front. With this new-
found awareness we now can consider neighborhood
patterns that can offer different lot dimensions without
measurably altering street perception.
The most common lot pattern in "traditional neigh-
borhood development" designs employs the service
drive. This allows the garage to displace to the rear
increasing the "friendly face" of the dwelling on the
street. It also allows the garage to be an option for
initial buyers, one that can be added in the future.
The perception of value follows the amount of
"friendly face" oriented toward the street. \Vhen
garages are rear accessed, the whole face of the
building can be used to express dwelling size. Rear
garage massing can be as expensive-looking as larger
homes with front facing garages, as shown in
Illustration A.
PUTTING THE GARAGE IN
THE REAR RESULTS IN A
MORE APPEALING FACADE
FACING THE STREET
Since lots with rear servIce drives are most
efficiently organized on interior blocks in larger
developments, and lots with front access streets
more efficiently address boundary and rear view
oriented locations, we now have a basic pattern that
Narrow lots where
the garage is concealed
generate the same
perceived value as
wider lots with garages
dominating the street
front.
Varying lot types with rear entry arrangements permit smaller lots to
consist with wider lots while not reducing the perceived value as seen
from the public way
Illustration A
as seen from the public way. Some customers
prefer the service drive lots to the front access
lots for personal reasons unrelated to price. This
blend of taste and opinion helps to mask the
allocation of affordable occupancies within the
neigh borhood.
permits land and infrastructure adjustments within
a community without producing disturbing results.
Varying lot types with rear entry and front entry
arrangements permit smaller lots to coexist with
wider lots while not reducing the perceived value
Illustration B
TND design also positions the garage and utility to
the blind side of the street face. These amenities may
be less essential to the low-income family than the
extra bedroom or enlarged living area. In such
patterns the selective elimination of the garage
initially does not alter the street face or the resulting
neighborhood values. The garage is easily added later
when the home fulfills its completed design intent.
Also, land costs can be reduced by making lots less
deep. The width of a site is often proportionate to
the home value that occupies it, so noticeably narrow
lots will single out the affordable housing from the
others in a neighborhood. Lot depth, however, is
not as apparent. If lot depths can be varied, the
smaller lots can have a measurable impact on
development cost in areas with high land prices.
If lot depths can be
varied, the smaller lots
can have a measurable
impact on development
cost in areas with high
land prices.
.
The classic neighborhood often saw garage apartments, twin homes
(duplexes) and even estate-imaged mutilfamily housing as products
intermarried with single-family product.
2. FOLLOW
TRADITIONAL
STYLES
TND neighborhoods also invite traditional design
executions. Exterior stylings reflective of classic
and historic themes bring an added cost benefit.
Historic building types are generally simpler
designs that optimized enclosure with construc-
tion-efficient boxes. Their popularity permits this
simplicity to exist without value e~osion. The
result is that simple historic building patterns can
coexist with more animated contemporary building
types without making simplicity the result of cost
control but of accepted design preference.
Illustration B shows how the design of the classic
bungalow is centered around simple massing.
With traditional design themes, busy massing and
expensive detailing can be avoided without
appearing cheap.
TRADITIONAL DESIGN
THEMES OFTEN ARE LESS
EXPENSIVE
TO EXECUTE THAN
CONTEMPORARY ONES
3. VARY
BUILDING
TYPES
In our older neighborhoods, development often
emerged without the controls of zoning or land use
constraint. The classic neighborhood often saw
garage apartments, twin homes (duplexes), and
even estate-imaged multifamily housing as
products intermarried with single-family product.
These building types remain available choices for
designers and planners alike:
. Tandem homes
· Twin homes (in-line duplex)
. The garage apartment
. Mother-in-law suites/carriage house
. Split lot
. Corner duplex
. The big home apartment block
Erecting multiple homes on a single lot can work in
both interior and corner locations. Interior lots generally
are best employed for tandem dwelling configurations,
both attached and detached. Corner lot executions can
take the more expensive lot conditions and increase
their dwelling utility by using a variety of building
types, thus lowering the individual lot allocation per
dwelling without violating the neighborhood value
system, as shown in Illustration C.
ART IN ARCHITECTURE
Florida can boast a design initiative
that is serving as a national model:
Art in Architecture. Created by
Realtor@ Steve Chitwood, the program
involves a cooperative community service
effort between architects, builders, and
Realtors@ to produce well designed single
family affordable homes. The homes pictured
here are from the first phase of the Art in
Architecture program in the Holden Heights
area of Orlando. In a second phase to the
Art in Architecture program, the City of
Orlando will follow the lead of its neighbor,
the City of Winter Park, to provide vacant
lots acquired through foreclosure or
negotiation of tax and code liens to a be
held in a community land trust. The City
of Winter Park facilitated the development
of Hannibal Square Community Land Trust,
the first community land trust in Central
Florida. The community land trust vehicle
will ensue that these well designed homes
remain permanently affordable. Visit the
Orlando Regional Realtors Association
vVebsite www.orlrealtrJ/:colll to get more
information on Art in Architecture.
AFFORDABLE
HOUSING
DESIGN
ADVISOR
The seminal online resource for
affordable housing design is the
Affordable Housing Design Advisor.
You will find a gallery of photos from around the
country illustrating good design with a step-by-step
tutorial for developing and delivering affordable
housing that will be embraced by affordable
housing residents and the community at large,
www.designadvisor.org.
Deane Evans, FAIA, manages the Affordable
Housing Design Advisor. He is the Executive
Director of the New Jersey Institute of
Technology, Center for Architecture and Building
Science Research, and has provided training
on design for Florida's nonprofits and local
governments through the Florida Housing
Coalition's workshops.
The Affordable Housing Design Advisor is the
repository for the Campaign for Excellence in
Affordable Housing Design, a national initiative to:
. Increase the availability of affordable housing;
. Decrease resistance to affordable housing;
. Increase neighborhood stability; and
. Improve the quality of life for residents of
affordable ~ousing.
CHAPTER SEVEN
WHAT
When a governmental entity is pressured by opponents of affordable housing to make a
land use decision which treats one person or group of persons differently from another
person or group without a legitimate rationale, the issue of prohibited discrimination is
flagged. A decision is actionable whether it is an act of intentional discrimination against a
protected class or whether it is an act taken without an intent to discriminate, but which has
a disproportional impact on a protected class.
THE
CONNECTION
BETWEEN AFFORDABLE HOUSING
AND FAIR HOUSING?
It is not uncommon for
settlements and verdicts
to run as high as several
hundred thousand
dollars.
Both the Federal Fair Housing Act, 42 U.S.C.
!i!i3601-3631, and the Florida Fair Housing Act,
Chapter 760, Part II, !i!i760.20-760.37, Florida
Statutes, prohibit discrimination in housing based
on race, color, national origin, religion, sex, handicap,
and familial status. These are the "protected classes."
Each provides for sanctions, including damages,
penalties, injunctive relief, and attorneys fees,
which can be imposed for violation of fair housing
law by governmental bodies, organizations, and
individuals for fair housing violations. A person
injured by the violation may seek administrative or
judicial review. Administrative complaints filed
with HUD raising land use issues are handled by
the Federal Department of Justice, a formidable
adversary. Litigation of a fair housing claim in a
losing cause can be very expensive: it is not uncommon
for settlements and verdicts to run as high as several
hundred thousand dollars.
Effective July 2000, the Florida Fair Housing
Act was amended to create section 760.26,
Florida Statutes, as follows:
It is unlawful to discriminate in land use decisions
or in the permitting of development based on
race, color, national origin, sex, disability,
familial status, religion, or, except as otherwise
provided by law, the source of financing of a
development or proposed development. *
"That portion of the statute which states "it is unlawful
to discriminate in land use decisions... except as otherwise
provided by law" recognizes that there are some laws that
discriminate ill favur of affordable housing, such as the
requirement that all development permits be expedited
for affordable housing. The language "except as other-
wise provided by law," makes clear that this type of
. "discrimination" in expediting permits is lawful.
The genesis for the "source of financing" amendment
to the Florida Fair Housing Act was the experience
of affordable housing advocates in securing
appropriate zoning for Pueblo Bonito, a proposed
farm worker housing development intended to
draw residents primarily if not exclusively from the
Hispanic population. In this instance, the power of
the Florida and the Federal fair housing laws
protecting against discriminatory acts based on
race, national origin, and color was more than
sufficient to force a rethinking of the denial and
the resultant reversal allowing the change in zoning
and the project to proceed.
But in many instances it is not possible to know for
certain whether the prospective residents of the
affordable development will be members of the
protected classes. Prior to the enactment of
Section 760.26 in 2000, fair housing laws may not
If the only reason the
land use or permitting
request is denied is
because the housing is
affordable, the decision
will be in violation of
Section 760.26,
Florida Statutes.
If the only reason the
land use or permitting
request is denied is
because the housing is
subsidized, the decision
will be in violation of
the Florida Fair
Housing Act.
have protected the prospective low-income residents of the
development if the developer could not show that members of a
protected class would be living in the development. With this
statutory change all affordable housing is now covered by the Florida
Fair Housing Act. Action taken on the basis of the financing of the
development is in violation of the Florida Fair Housing Act. If the
only reason the land use or permitting request is denied is because
the housing is subsidized, the decision will be in violation of the
Florida Fair Housing Act. Low-income persons havc effectively
become a protected class for purposes of land use decisions which
impact affordable housing,
WHEN NIMBY PRESSURE OVERTAKES SOUND
LAND USE DECISIONS
PUEBLO BONITO - A CASE STUDY
Afaith-based nonprofit sought a rezoning in
Bonita Springs, Lee County, for a 26 acre site
that it had under contract for the purpose of
developing farm worker housing. The site was
zoned to allow mobile homes; the nonprofit,
Partnership In Housing Inc., wanted to build
duplexes. The local government comprehensive
plan detailed the need for farm worker housing,
and the rezoning was consistent with the future
land use map.
Partnership In Housing held a number of
community meetings to discuss its development
plans with the residents of the neighboring
Pueblo Bonito is a
thriving community.
Neighbors who at one
time vigorously
opposed the development
now have an entirely
new attitude.
Neighbors have
volunteered their time
and money to create a
wonderful playground
for the children of
Pueblo Bonito.
Before the matter was
heard by the county
commission, the
planning department
had been deluged with
letters from Bonita
Springs residents
decrying the horrors
which they associated
with the type of people
who would be living in
the development.
mobile home park and anyone else in the area who might
be interested. The meetings brought together a vocal
group of opponents. Before the matter was heard by the
county commission, the planning department had been
deluged with letters from Bonita Springs residents decrying
the horrors which they associated with the type of people
who would be living in the development. Substantial
pressure was brought to bear on the county commission by
the opposition; protests were held with signs promising to
oust in the next election those commissioners who would
permit the development to go forward. The county
commission gave way under the NIMBY pressure and
denied the rezoning request.
BERT HARRIS ACT
Chapter 70, Florida Statutes, "Relief
From Burdens On Real Property Rights,"
includes in Section 70.001 the "Bert J.
Harris, Jr., Private Property Rights
Protection Act" which creates a separate
and distinct cause of action from the law
of takings to provide for relief, or payment
of compensation, when a new law, rule,
regulation, or ordinance unfairly affects
real property. Section 70.51, known as
the "Florida Land Use and
Environmental Dispute Resolution Act"
provides for a special master process
when an owner of real property believes
that a development order is unreasonable
or unfairly burdens the use of the
owner's real property. "Development
order" is defined as any order, or notice
of proposed action which is or will have
the effect of granting, denying, or
granting with conditions an application
for a development permit, and includes
the rezoning of a specific parcel.
"Development permit" is defined as any
building permit, zoning permit, subdivision
approval, certification, special exception,
variance, or any other similar action of
local government...;'
Through its land use attorney, Partnership In
Housing filed a petition for relief under the Bert J.
Harris, Jr., Private Property Rights Protection Act,
~ 70.001, Florida Statutes, explaining that the
denial of the rezoning request was unreasonable
and unfairly burdened the use of the property. At
the same time, Florida Legal Services, Inc. filed a
housing discrimination administrative complaint
with the federal government on behalf of the farm-
workers. While the special master process was
underway In the property rights case, the
Department of Justice began laying the ground
work for judicial intervention through a fair hous-
ing law suit by investigatory fact finding; of partic-
ular focus in the document review was the three
inch stack of NIMBY letters and on site interviews
with the Lee County government staff and officials.
The special master report came in with findings that
the denial of the rezoning request was unreasonable
and did unfairly burden the use of the property at
issue. The Lee County Commission then wisely
settled with Partnership In Housing permitting the
development to proceed. In consideration of the
settlement, the Department of Justice closed its fair
housing file thereby alleviating the very real danger
to the county that it would be on the losing end of a
judgment for substantial damages, penalties, and
attorneys fees.
Pueblo Bonito now built
and occupied has been a
tremendous success.
CHAPTER EIGHT
NIMBYISM
AND
THE
LAW
Before denying a land use or permitting request, government planners and elected officials
should consider the following questions: 1. Is this action consistent with the adopted
local comprehensive plan? 2. Will this action be prohibited under the Federal or Florida Fair
Housing Acts? 3. Will this action be unreasonable or will it unfairly burden the use of the
property? 4. Is this action supported by substantial, competent evidence made in accordance
with the landowner's due process rights to a fair hearing? 5. Is this action in compliance with
the requirements of the State Housing Initiatives Partnership (SHIP) program?
HOW
CAN
LOCAL GOVERNMENT
AVOID
Plan amendments, land
development regulations,
and development orders
that are exclusionary are
likely to run afoul of the
the comprehensive plan.
LEGAL LIABILITY FROM
NIMBYISM?
1. IS THIS LAND USE OR
PERMITTING DECISION CONSISTENT
WITH TH E ADOPTED LOCAL
COMPREHENSIVE PLAN?
the provision of adequate sites for housing, including
housing for very low-income families, group homes,
and foster care facilities.
The Local Government Comprehensive Planning
and Land Development Regulation Act, ~~163.3161-
163.3217, Florida Statutes, requires local governments
to provide for the housing needs of all current and
anticipated populations, including special needs
populations, such as farmworkers and the disabled.
The requirements of the housing element include
HOW COULD NIMBYISM EFFECT
COMPREHENSIVE PLANNING
DECISIONS?
Plan amendments, land development regulations,
and development orders that are exclusionary are
most likely inconsistent with the adopted local
comprehensive plan. An example of exclusionary
practices is the adoption of an ordinance
that sets a minimum residential
square footage, making affordable
homes economically infeasible. Such
an ordinance is likely to be inconsistent
with the adopted comprehensive plan,
and would be grist for consideration as
a fair housing violation.
2. IS THIS LAND USE OR
PERMITTING DECISION
PROHIBITED UNDER THE
FEDERAL OR FLORIDA FAIR
HOUSING ACTS?
Both the Federal Fair Housing Act, 42
V.S.C. SS3601-3631, and the Florida
Fair Housing Act, Chapter 760, Part
II, SS760.20-760.37, Florida Statutes,
prohibit discrimination in housing
based on race, color, national origin,
religion, sex, handicap, and familial
status. The Florida law was recently
amended to protect "source of
financing" from discriminatory land
use or permitting decisions. Each Act
provides for sanctions, including
damages, penalties, injunctive relief,
and attorneys fees, which can be
imposed for violation of fair housing
law by government action. A decision
is actionable whether it is an act of
intentional discrimination against a
protected class or whether it is an act
taken without intent to discriminate
but which has a disproportional
impact on a protected class.
Both the Federal and Florida Fair Housing Acts prohibit discrimination
in housing based on race, religion, sex, handicap, and familial status.
The Florida Fair Housing Act also prohibits discrimination based on
the financing of the of the development or proposed development.
If the decision would
have bem dijfermt had
the developmmt been
market rate, rather than
affordable, the decision
runs afoul of the
Florida F air Housing
Act, Section 760.26,
Florida Statutes.
HOW COULD FAIR HOUSING LAW
BE IMPLICATED IN LAND USE OR
PERMITTING DECISIONS?
The unsubstantiated testimony from opponents of
affordable housing coupled with the inability of the
government to demonstrate a valid land use rationale
for the land use or permitting decision is strong
evidence that the challenged decision was made for
reasons of prejudice and fear, rather than for the
health, safety, and welfare of the community.
If the decision would have been different had the
development been market rate, rather than affordable,
the decision runs afoul of the prohibition on
discrimination against developments based on the
financing found In Section 760.26, Florida
Statutes, of the Florida Fair Housing Act.
3. IS THIS LAND USE OR PERMITTING
DECISION UNREASONABLE OR DOES
IT UNFAIRLY BURDEN THE USE OF
TH E PROPERTY?
The Bert J. Harris, Jr., Private Property Rights
Protection Act, S70.001, Florida Statutes, provides
a cause of action to all landowners and buyers
under a purchase and sale contract for relief from
government action that inordinately burdens the
use of real property. This is a much easier standard
for the landowner or buyer to meet than that found
in traditional takings law.
HOW COULD THE BERT HARRIS
PROPERTY RIGHTS ACT APPLY IN
THE NIMBY SITUATION?
A typical example is a rezoning request that is
consistent with the comprehensive plan, but is
opposed by the adjoining landowners. Denial of
the rezoning request may result in the inability to
build the affordable housing development or the
inability to build at the density desired. Denying
the rezoning request may be found to be unreasonable
or to have unfairly burdened the use of the real
property. A refusal to rezone must pass the Section
70.001, Florida Statutes, standard: does it create an
inordinate, unfair, or undue burden on the use of
the property?
4. IS THIS LAND USE OR PERMITTING
DECISION SUPPORTED BY SUBSTANTIAL,
COMPETENT EVIDENCE MADE IN
ACCORDANCE WITH THE LANDOWNER'S
DUE PROCESS RIGHTS TO A FAIR
HEARING?
The Florida Supreme Court in Board of County
Commissioners of Brevard County v. Snyder, 627
So. 2d 469 (Fla. 1993) held that local land use
decisions affecting a small area of the community,
such as rezoning, are quasi-judicial in nature.
Therefore, these decisions must be supported by
substantial, competent evidence rather than the
deferential "fairly debatable rule." Snyder made
clear that the landowner has constitutional due
process rights to a fair hearing. Among the elements
of that fair hearing is the prohibition of ex parte
communication with the decision-makers. lennings
v. Dade County, 589 So. 2d 75 (Fla. 1992).
HOW COULD SNYDER APPLY TO
NIMBYISM?
One response to vehement and vocal opposition
might be to deny a land use or permit request
based on the magnitude of the opposition.
Without substantial, competent evidence supported
by expert witnesses introduced by the opposition
at the hearing showing that the land use or permit
request was inconsistent with the comprehensive
plan, the local government denial is subject to
reversal upon appeal as arbitrary and capricious.
5. IS THIS LAND USE OR PERMITTING
DECISION IN COMPLIANCE WITH THE
REQUIREMENTS OF THE STATE
HOUSING INITIATIVES PARTNERSHIP
ACT (SHIP) PROGRAM?
The SHIP program, in effect in all counties and
entitlement cities within Florida, requires that
permits are to be expedited for affordable housing
to a greater degree than other projects. The definition
of permits, adopted from Section 163.3164 (7),(8),
Florida Statutes, is broad, and includes all
development orders, building permits, zoning
permits, subdivision approvals, rezoning, cer-
tifications, special exceptions, variances, or
any other official action of local government
having the effect of permitting the development
of land.
HOW COULD SHIP RULES APPLY TO
NIMBYISM?
One response to large neighborhood turnout in
opposition to a request from an affordable housing
developer, might be to postpone or delay the land
use/permitting decision. This would undermine the
SHIP rule for expedition of affordable housing permits.
Land use decisions
affecting a specific
development must be
supported by substantial,
competent evidence.
Appendix 1
Median Incomes for Florida 2005
Median Incomes for Florida 2005 Appendix 1
Appendix 2
Financial Resources for Affordable Housing
APPENDIX 2
FINANCIAL RESOURCES FOR AFFORDABLE HOUSING
Affordable hal/sing programs, especially those administered by the Florida Housing Finance Corporation, tend to be dynamic. This appendix was
prepared in January 2005. Please check the FH FC lVebsite for l/pdates to programs and contacts: www.f1oridahousing.org.
COMMUNITY CONTRIBUTION TAX CREDIT (CCTC)
AT A GLANCE:
Source:
STATE OF FLORIDA ANNUAL
The Community Contribution 'Elx Credit Program (CCTCP)
provides $10 million each year as an incentive (50 percent
tax credit) to encourage Florida corporations to make donations
toward community development and low-income housing projects.
The tax credit IS easy for a business to receive. Corporations
doing business anywhere In Florida that make donations to
approved community development projects may receive a tax
credit equal to 50 percent of the value of the donation. Businesses
may take the credit on Florida corporate income tax, franchise tax,
. .
or Insurance premIum tax.
Businesses may donate up to $400,000 per tax year and take up to
$200,000 in tax cred i t per year. Unused cred i ts maybe carried
over for up to 5 years. Donations may be made in the form of cash,
real estate, and equipment and/or supplies.
Eligible Activities/Beneficiaries: Approved sponsors of a project
may construct, Improve, or substantially rehabilitate housing,
commercial, industrial, or public facilities, or promote entrepre-
neurial or job development opportunities for low-income (80
percent or less of ami) persons.
~
Eligible Applicants/Application Process: The project must be
undertaken by an eligible sponsor which may be: A community
action program, community development corporation, neighborhood
housing services corporation, local housing authority, community
redevelopment agency, historic preservation district agency or
organization, private industry council, direct-support organization,
enterprise zone development agency, units of local government or
such other agency as the Office of Tourism, Trade, and Economic
Development (OTTED) may, from time to tIme, designate by
rule. Eligible sponsors may submit an application at any time
by contacting the OTTED.
Program Contact: Burt Yon Hoff, Executive Office of the
Governor, Office of Tourism, Trade, and Economic Development,
The Capitol, Suite 2001, Tallahassee, FL 32399-0001
Phone: (850) 487-2568 Fax: (850) 487-3014
Email: vonhofb@eog.state.fl.lls
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
SMALL CITIES AND RURAL AREAS
AT A GLANCE:
The Florida Small Cities
Community Development
Block Grant (CDBG) Program
provides grants to non-entitlement
cities with populations less than
50,000 persons and counties with
populations less than 200,000
persons to improve local housing,
streets, utilities, and public facili-
ties. The program also supports
downtown redevelopment and
creates jobs for low and moderate
income Floridians. The program is administered under four grant
categories: (1) housing; (2) neighborhood revitalization; (3) commercial
revitalization; and, (4) economic development. Twenty percent of CDBG
funds will go toward housing activities. The Department also
administers the Small Cities 108 Loan Guarantee Program which can
be used for a wide range of CDBG eligible purposes.
Source: TITLE I OF THE HOUSING
AND COMMUNITY DEVELOPMENT
ACT OF 1974 - U.S. HUD
Enacted:
1981
Regulation:
SECTION 290, FS RULE CHAPTERS
9B-43, FAC AND FEDERAL RULE
24 CFR PART 570
Eligible Activities/Beneficiaries: Small Cities CDBG housing
funds must be used to rehabilitate or reconstruct (demolish and
replace) substandard housing for very low-income (50 percent or less
of the area median income) or low-income (50.01 to 80 percent of the
area median income) persons or households. Activities may include:
(a) The rehabilitation of houses or publicly owned or acquired properties;
(b) Demolition of dilapidated housing and relocation of residents;
(c) Weatherization and energy-efficiency improvements;
(d) Code enforcement;
(e) Installation of wells or septic tanks where water or sewer serv-
ice is unavailable; and
(f) r"litigation of future natural disaster hazards.
To qualify under the Low-l'vloderate National Objective, at least 51
percent of the beneficiaries must be low and moderate income
persons. The U. S. Department of Housing and Urban Development
has defined a low and moderate income person as one whose total
Applicants:
CITIES & COUNTIES NOT IN
CDBG ENTITLEMENT PROGRAM
Finance Type:
LOANS AND GRANTS
Cycle:
ANNUAL COMPETITIVE
Housing Type:
HOMEOWNERSHIP, RENTAL
Administrator:
DEPARTMENT OF COMMUNITY
AFFAIRS
Primary Uses:
REHABILITATION, INFRASTRUCTURE
family income is at or below 80 percent of the area's median income.
Under the Slum and Blight National Objective, the area must be a
slum or blighted area as defined by state or local law. Activities funded
under the Urgent Needs National Objective must alleviate existing
conditions which pose a serious and immediate threat to those living
in the area and are 18 months or less in origin. Additionally, the local
government must demonstrate that it is unable to finance the activity
on its own and that other funding is not available.
Application Process/Eligible Applicants: 244 local governments
are eligible to apply as long as they have closed out previous developments
under housing, neighborhood and commerCial revitalization.
Application cycles are held annually and are competitive. Scoring is
based on such factors as: average cost of eDBG funds requested per
unit; percentage of very low-income persons to be served; leveraging of
funds; maintaining a Fair Housing Ordinance; establishing fair housing
training programs for the general public and local professionals; and,
performance on equal opportunity employment practices.
Program Contact: Jim Austin, Planner, Small Cities CDBG,
Florida Department of Community Affairs, 2555 Shumard Oak
Blvd., Tallahassee, FL 32399-2100; (850) 922-1880;
email: jim.austin@dca.state.fl.us
We bs i te: www.dca.state.fl.lls/fhcd/programs/cdbgp/index.htm
FEDERAL HOME LOAN BANK OF ATLANTA
AFFORDABLE HOUSING PROGRAM (AHP)
AT A GLANCE:
Source: Applicants: Finance 'l)'pe:
SALE OF CONSOLIDATED NONPROFIT SPONSORS THROUGH BELOW MARKET LOANS & GRANTS
OBLIGATIONS FHLBANK ATLANTA MEMBER BANKS
Enacted: Cycle: Housing Type:
1989 SEMI-ANNUAL, COMPETITIVE RENTAL, HOMEOWNERSHIP
Regulation: Administrator: Primary Uses:
THE FINANCIAL INSTITUTIONS REFORM, FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
RECOVERY, AND ENFORCEMENT ACT OF ATLANTA REHABILITATION, ACQUISITION
1989 (FIRREA).
rehabilitation of the following: (I)
owner-occupied housing for very
low-, low- and moderate-income
households; and, (2) rental housing,
of which a minimum of 20 percent
of the units must be occupied by
and made affordable for very low-
income households. Rental projects
are required to insure that 20
percent of the total units are for
very low income (50% or less of
ami) families. Owner-occupied
properties must remain affordable
for five years. Rental properties must remain affordable for 15 years.
The Affordable Housing Program (AHP) provides direct subsidies
(grants) and subsidized interest rates for loans to FHLBank
Atlanta member financial institutions engaged in lending to local
governments and for- and nonprofit corporations for the creation of
affordable housing. Generally, AHP funds are leveraged with other
sources of funds (such as FHL Bank Atlanta's Community Investment
Program, SHIP, I-lOr-viE, I-IC, etc.). The maximum AHP subsidy
amount available is $500,000 per project, per competitive round.
In addition to making AHP funds available by competitive application,
FHLBank Atlanta sets aside a portion of its annual AI-IP allocation
each year for the First-Time Homebuyer Program (FHP). Interested
member financial institutions, who are encouraged to involve nonprofit
organizations, can submit an application to the Bank. Subsidies under
FHP are limited to $5,000 in down payment/closing cost assistance for
households at 80 percent or less of area median income, adjusted for
family size. Homebuyers must provide at least $500 of their own funds
toward the down payment. FI-IP subsidies may not be leveraged with
AHP competitive funds.
Eligible Activities/Beneficiaries: AHP subsidized units must serve
households earning 80% or less of the area median income. Subsidies
under AHP must be used to finance the purchase, construction, and/or
~
Eligible Applicants/Application Process: FHLBank Atlanta
holds two competitive application cycles annually, with application
deadlines of tvlarch IS and September 15. Project sponsors must
register through the FHLBank Atlanta website in order to obtain a
user ID and password (required to access the AHP application).
Once the sponsor completes an application, it must be approved
and submitted for review through a FHLBank Atlanta member
financial institution. The project is scored according to nine
criteria (such as income targeting, AHP subsidy per units,
sponsorship by a nonprofit organization or government entity, etc.).
Applications are ranked by score, in descending order, and funds
are awarded until the available subsidies are exhausted.
Program Contact: David Bennett, Community Investment Services,
Federal Home Loan Bank of Atlanta, Post Office Box 105565,
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632. For addition-
al information regarding the submission and/or preparation of AHP
applications, please contact the Bank's Community Investment
Services department via email at ahpprogram@fhlbatl.com or via
telephone at (800) 536-9650, ext. 8385.
Website: www.fhlbatl.co11l
FEDERAL HOME LOAN BANK OF ATLANTA
COMMUNITY INVESTMENT PROGRAM (CIP)
AT A GLANCE:
Source: Applicallts: Fillallce 7}pe:
SALE OF CONSOLIDATED NONPROFIT SPONSORS THROUGH BELOW MARKET LOANS
OBLIGATIONS FHLB MEMBER BANKS
Ellacted: Cycle: Housillg 7}pe:
1989 AVAILABLE YEAR-RoUND RENTAL, HOMEOWNERSHIP
Regulatioll: Admillistrator: Primary Uses:
THE FINANCIAL INSTITUTIONS REFORM, FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
RECOVERY, AND ENFORCEMENT Acr OF ATLANTA REHABILITATION, ACQUISITION
1989 (FIRREA).
The Community Investment Program (Crp) is a targeted
housing and economic development loan program which
provides funds for community-oriented mortgage lending. CIP
funds are available as advances, or loans, to FHLBank Atlanta
members (financial institutions). Generally, a nonprofit, for-profit
or local government will approach a FHLBank Atlanta member to
make application on their behalf.
Eligible Applicants/Application Process: Member lending
institution applies for CIP authorization by mailing or faxing a
CIP Authorization request for to the Community Investment
Services (CIS) department. The CIS department reviews the
request and will notify the member lender if the request is
approved (along with crp authorization number if approved).
Lastly, the member faxes an Advance Application to Funding
Desk and provides authorization number.
Eligible Activities/Beneficiaries: Mortgage loans are available
for the acquisition, construction, or rehabilitation of the following:
(1) single-family, owner-occupied housing for borrowers with
incomes that do not exceed 115 percent of the area median
Income;
(2) rental housing where the rents charged will be affordable to
households with incomes under 115 percent of the area median
Income.
Program Contact: David Bennett, Commllllity /lIvestmellt Services,
Federal Home Loan Bank of Atlanta, Post Office Box 105565,
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632.
Website: www.fhlbatl.com
Loan Terms: Advances are available with fixed or adjustable
rates, terms of one month to 20 years and with interest-only or
amortizing payments
FEDERAL HOME LOAN BANK OF ATLANTA
PREDEVELOPMENT FUND
AT A GLANCE:
Source: Applicallts: NONPROFIT SPONSORS Fillallce Type:
SALE OF CONSOLIDATED THROUGH FHLBANK ATLANTA RECOVERABLE GRANTS
OBLIGATIONS MEMBER BANKS
E 'Ulcted: Cycle: H ousillg I)'pe:
2001 AVAILABLE YEAR-RoUND HOMEOWNERS HIP, RENTAL
Regulatioll: Admillistrator: Primary Uses:
THE FINANCIAL INSTITUTIONS FEDERAL HOME LOAN BANK OF NEW CONSTRUCTION,
REFORM, RECOVERY, AND ATLANTA REHABILITATION, ACQUISITION
ENFORCEMENT ACT OF 1989
(FIRREA)
PURPOSE
To provide funding for predevelopment expenses associated with
affordable housing and real estate-based community economic
development projects. This program is designed to encourage
FI-I LBA members to undertake creative efforts to increase their
participation in, and support of, these projects.
its Economic Development and Growth Enhancement (EDGE)
program. Families, businesses, or communities benefiting from a
proposed project must meet certain income requirements.
GRANT RECOVERY
Grant funds shall be recovered from construction and/or permanent
financing. If the grant is used to acquire property, and the property
is subsequently sold, proceeds of the sale must be applied to
repayment of the grant. In the event the project does not go forward,
despite the best efforts of the project sponsor, and acquisition or
construction financing is not obtained, no recovery of the grant will
be required. However, if the project sponsor fails to comply with
reporting requirements and/or, in the determination of the Bank,
has failed to make a good faith effort to proceed with the project, the
grant shall be recoverable from the sponsoring organization.
STRUCTURE
Funds will be provided through a recoverable grant to an
FI-ILBank Atlanta member financial institution. The member,
in turn, will structure the disbursement of funds to the project
sponsor as a recoverable grant. The maximum grant amount is
$100,000 per project, not to exceed 75 percent of the total eligible
predevelopment expenses. Predeve\opment Fund grants may
only be used for eligible predevelopment activities, such as
architectural services, boundary surveys, appraisals, title work,
site control, environmental surveys, property carrying costs, etc.
BENEFICIARIES
FI-ILBank Atlanta's intent is to provide assistance to the types of
projects that qualify for its Affordable I-lousing Program (AHP) or
Program Contact: David Bennett, Commullity 11lvestmellt Services,
Federal Home Loan Bank of Atlanta, Post Office Box 105565,
Atlanta, GA 30348; (404) 888-8378; Fax: (404) 888-5632.
Website: www.jMbatl.colll
Median incomes for Florida 2005 Appendix 1
Financial Resources For Affordable Housing
Community Contributuion Tax Credit (CCTC)
Community Block Grant (CDBG)
Federal Home Loan Bank of Atlanta Affordable Housing Program (AHP)
Federal Home Loan Bank of Community Investment Program (CIP)
Federal Home Loan Bank of Atlanta Predevelopment Fund
Florida Community Loan Fund
Affordable Housing Guarantee Program
Home Investment Partnerships Progam (HOME)
Home Investment Partnerships Program (HOME)
Homeownership Assistance Program (HAP)
Homeownership Assistance Program (HAP)
Homeless Housing Assistance Grant (HHAG)
Housing Credits (HC)
Housing Opportunities for People with Aids (HOPWA)
Low-Income Emergency Home Repair Program (LEHRP)
Low-Income Home Energy Assistance Program (LHEAP)
Mortage Revenue Bonds for Rental Housing (MRB)
Pre-Development Loan Program (PLP)
Section 8 Single Room Occupancy Moderate Rehabilitation (SRO)
Section 202 Supportive Housing for the Elderly
Section 811: Supportive Housing For Persons with Disabilites
Single-Family Mortgage Revenue Bond Program (SFMRB)
State Apartment Incentive Loan Program (SAIL)
State Housing Initiatives Partnership : SHIP Program
Supportive Housing (SHP)
U.S. Dept. of Agriculture, Rural Housing Services (USDA/RHS)
Multifamily housing (MFH) and Site Development Programs
Appendix 3
The William E. Sadowski Affordable Housing Act
The William E. Sadowski Affordable Housing Act
Appendix 4
Plans, Land Development Regulations, and Development Orders
Plans, Land Development Regulations, and Development Orders
Land Development Regulations
Development Orders
Appendix 5
Bibliography of Property Value Studies
Bibliography of Property Value Studies
bibliography of site studies
bibliography of site studies
Appendix 6
Other Resources and Contact Information
Other resources and Contact Information
Contact Information
With Appreciation from the Author
Florida Housing Finance Corporation
Florida Housing Coalition