Where Municipal Activities and Fair Housing Intersect

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Where Municipal Activities and Fair Housing
Intersect

• Jerome Mapp
• Erik Kingston
• Jennifer Yost

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Comprehensive Plan

• Local Land Use Planning Act of Idaho - 1975
• 67-6502.  PURPOSE. The purpose of this act shall
  be to promote the health, safety and general
  welfare of the people of the state of Idaho as
  follows
• There are 17 Elements 67-6508

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Comprehensive Plan

• (a)  To protect property rights while making
  accommodations for other necessary types of
  development such as low-cost housing and mobile
  home parks.
• (b)  To ensure that adequate public facilities
  and services are provided to the people at
  reasonable cost.
• (c)  To ensure that the economy of the state and
  localities is protected.
• (d)  To ensure that the important environmental
  features of the state and localities are
  protected.

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Comprehensive Plan

• (e)  To encourage the protection of prime
  agricultural, forestry and mining lands and land
  uses for production of food, fiber and minerals,
  as well as the economic benefits they provide to
  the community.
• (f)  To encourage urban and urban-type
  development within incorporated cities.
• (g)  To avoid undue concentration of population
  and overcrowding of land.
• (h)  To ensure that the development on land is
  commensurate with the physical characteristics of
  the land.

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Comprehensive Plan

• (i)  To protect life and property in areas
  subject to natural hazards and disasters.
• (j)  To protect fish, wildlife and recreation
  resources.
• (k)  To avoid undue water and air pollution.
• (l)  To allow local school districts to
  participate in the community planning and
  development process so as to address public
  school needs and impacts on an ongoing basis.
• (m)  To protect public airports as essential
  community facilities that provide safe
  transportation alternatives and contribute to the
  economy of the state.

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Comprehensive Plan

• Foundation for all the City Land Use Ordinances
  and Plan
• Subdivision Ordinances
• Zoning Ordinances
• Design Review (Ordinance or Administrative
  Policy)
• Neighborhood Plans
• Downtown Revitalization Plans
• Parks Recreation Plans
• Landscape Plans and others
• Enforcement/Compliance

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Comprehensive Plan

• Definitions
• Consistent throughout all plans ordinances
• Common Concerns
• Definition of Family, Dwelling Unit, Single
  Family Dwelling (I.C.67- 6531) and Group Homes
• Family is not just One or more persons
  occupying a single dwelling unit, provided that
  all members are related by blood or marriage, no
  such family shall contain over five per persons.

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Comprehensive Plan

• One option is to define Dwelling Unit Dwelling
  Unit One or more rooms designed for or used as a
  residence for not more than one family, including
  all necessary household employees of such family,
  and constituting a separate and independent
  housekeeping unit, with a single kitchen
  permanently installed.
• A dwelling unit may be occupied by a family
  (related by blood or marriage), by up to five
  unrelated individuals, or by any number of
  physically or mentally handicapped or elderly
  persons as long as the residential character of
  the dwelling is preserved. The physically or
  mentally handicapped term includes reference to
  those currently undergoing rehabilitation for
  drug or alcohol addiction. The term does not
  imply or include types of occupancy such as
  lodging or boarding house, club, sorority,
  fraternity, or hotel.

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Comprehensive Plan

• Definition of Single Family Dwelling(I.C.67-
  6531).
• For the purpose of any zoning law, ordinance or
  code, the classification "single family dwelling"
  shall include any group residence in which, eight
  (8) or fewer unrelated persons with disabilities
  or elderly persons reside and who are supervised
  at the group residence in connection with their
  disability or age related infirmity.
• Resident staff, if employed, need not be related
  to each other or to any of the persons with
  disabilities or elderly persons residing in the
  group residence.
• No more than two (2) of such staff shall reside
  in the dwelling at any one time.
• Seek legal advice

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Comprehensive Plan

• Group Homes
• Review Case law in reference to Group Homes
• Seek legal advice

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Comprehensive Plan

• Definition of Variance (I.C. 67-6516)
• Each governing board shall provide, as part of
  the zoning ordinance, for the processing of
  applications for variance permits. A variance is
  a modification of the bulk and placement
  requirements of the ordinance as to lot size, lot
  coverage, width, depth, front yard, side yard,
  rear yard, setbacks, parking space, height of
  buildings, or other ordinance provision affecting
  the size or shape of a structure or the placement
  of the structure upon lots, or the size of lots.
• A variance shall not be considered a right or
  special privilege, but may be granted to an
  applicant only upon a showing of undue hardship
  because of characteristics of the site and that
  the variance is not in conflict with the public
  interest.

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Comprehensive Plan

• Population
• School Facilities Transportation
• Economic Development
• Land Use
• Property Rights
• Natural Resources
• Hazardous Areas
• Public Services, Facilities Utilities

• Transportation
• Recreation
• Special Areas or Sites
• Housing
• Community Design
• Agriculture
• Implementation
• National Interest Electric Transmission
  Corridors
• Public Airport Facilities
• New elements

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Comprehensive Plan

• Schools Facilities Transportation
• To promote collaboration with local school
  districts in the development of school facilities
• Location
• Proximity to housing
• Walkability

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Comprehensive Plan

• Economic Development
• To promote economic development
• Historical placement of housing
• Proximity to services (grocery stores,
  healthcare, govt services, schools, etc.)
• Proximity to employment centers

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Comprehensive Plan

• Land Use
• To provide land use choices
• Location
• Disperse of types
• Group Homes ( 67-6531)
• Less than 8 residents
• More than 8 residents
• Training Elected Official Staff re Fair
  Housing

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Comprehensive Plan

• Property Rights
• to ensure that land use policies, restrictions,
  conditions and fees do not violate private
  property rights
• Allowance by right vs CUP
• Define Variance

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Comprehensive Plan

• Public Services, Facilities Utilities
• plans for sewage, drainage, utility transmission
  corridors, water supply, public safety services
  and facilities, social service facilities, public
  service facilities, schools, and related
  services. The plan may also show locations of
  civic centers and public buildings.
• Fees
• Location of public facilities

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Comprehensive Plan

• Transportation
• Promote coordination and collaboration of
  transportation services between transportation
  jurisdictions
• Availability of service
• Walkability
• Transportation Options

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Comprehensive Plan

• Parks Recreation
• Promote indoor and outdoor recreational
  opportunities and provide the facilities for
  community participation.
• Location
• Accessibility to Parks Trails
• Proximity to Affordable housing (multi-family
  housing)
• Variety of park types (sports complex, tot lots,
  neighborhood vs regional parks, etc.)
• Inclusive Design of Parks all ability types can
  play together

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Comprehensive Plan

• Housing
• Promote an adequate supply of safe, sanitary
  housing that meets the needs and provides
  diversity in type, density and location with
  emphasis on maintaining neighborhood stability
• Identify as many housing types as possible
• Disperse housing for protected classes
• There should be policies in your Comprehensive
  Plan that further Fair Housing, such as,

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Comprehensive Plan

• Prohibiting discrimination in the sale or rental
  of housing on the basis of age, race, color,
  religion, sex, familiar status, national origin
  or handicap.
• Informing the general public of their rights and
  obligations under fair-housing laws and the
  grievance procedures available in case of
  violation.
• Promoting increased fair housing awareness
  among Realtors, rental property owners
  developers, builders and property managers.

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Housing Choice

• Informed by needs and interests of residents
• Housing types/costs should reflect demographics
• Housing types/costs should be distributed
  throughout community
• Individuals should be able to live where they
  choose and can afford
• Expanding housing choice is everyones job

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Housing Terms and Types

• Determined by age/ability/policy
• independentassistedinstitutional
• Determined by income ( of AMI)
• shelter affordable workforce
  market-rate
• 030 3080 80140 gt140

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Housing Types

• Housing Types
• Multifamily / duplex / tri-plex
• Single family detached / attached
• Condos / townhouses /patio homes
• Second story housing in commercial development
• Tiny / Cottage / Manufactured homes
• PUD
• Large/small lots
• Congregate living
• Shelters / Transitional housing
• Accessory Dwelling Units (In-law flats)

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Housing market dynamic

• Subprime meltdown/recession cost homeowners and
  working families homes and jobs stressed
  communities
• Distressed assets acquired/held by absentee
  investors
• Increased demand for rentals drives up rents
• Credit/convictions follow tenants, limit rental
  options
• Section 8/subsidy impediments and waiting lists
  grow
• Young people, retirees seek small-footprint homes

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Vacancy Rates

• Normal/healthy rate is between 5 and 7
• Treasure Valley rate was around 15 in mid 2000s
• Current Treasure Valley rate between 1.9 and
  3.3
• Housing shortage drives up rents

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Housing Affordability

• Housing Affordability is
• Relative
• No more than 30 of gross family income used for
  housing utilities
• No more than 45 of gross family income used for
  housing, utilities transportation
• Represents a perpetual wage subsidy for local
  employers
• www.htaindex.org

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Housing Barriers

• Low Rental Vacancy Rate drives up rents
• lack of affordable housing in the market
  household income insufficient to afford
  market-rate housing prices
• Insufficient availability of housing lack of
  stock
• Discrimination may occur when demand is higher
• Restriction/Lack of funding for housing
  development
• Section 8 Vouchers
• No state funds Housing trust fund
• Not all federal funds can be used directly for
  housing
• Costs (Location, Transportation, Utilities)
• Cultural and language barriers (refugees)

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Factors Influencing Cost

• Smaller lot size / square footage
• Density
• Design (factory vs. site-built homes)
• Allowing variety of types by right rather than
  CUP
• Accessory Dwelling Units
• In-fill development
• Fees waivers or pool of funds
• Greenlighting expedite for affordable
  developments

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Do Current Codes Serve Needs?

• Review building codes and zoning laws that
  restrict housing use and types
• Defensible
• Necessary
• Net gain for community

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Reasonable Accommodation

• What is an Accommodation?
• Good Customer Service
• Meeting the needs of the community
• Waiving an established process/procedure
• What is not an Accommodation?
• Abolishment of Land Use and Zoning Codes
• Taking on extra work
• Government Expansion

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Reasonable Accommodation

• Risk Management
• Case Law
• Staff Roles Responsibility
• Process/Procedures
• Required, regardless of established ordinance
• CUP/Variance vs Administrative Permit
• Appeals
• Tracking/Reporting
• Confidentiality
• Privacy vs Public Information

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Reasonable Accommodation

• 3 Elements to a RA Request
• Necessary
• Provides equal opportunity
• Reasonable

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Reasonable Accommodation

• Requests can be
• Specific or vague
• Written or verbal
• Formal or informal
• Listen for key phrases
• I need this or I will die
• Im on disability
• I will have to move if this is not allowed

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Reasonable Accommodation

• Verification of Need (necessary)
• Is the disability obvious or not?
• Verifiable third party
• Does not need to be from a medical provider
• Do not contact the third party

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Reasonable Accommodation

• Document Need (equal opportunity)
• Existence of Disability
• Document obvious disability or from third party
• Nexus between disability RA request
• Obvious relationship or from third party

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Reasonable Accommodation

• Is it reasonable? Does it
• undermine the Land Use and Zoning Code?
• alter the nature of the Community or
  neighborhood?
• create an undue financial or administrative
  burden?
• Does it cost a substantial amount of funds?
• Does it create an ongoing need for oversight?
• Could it create an administrative burden in the
  future?

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Reasonable Accommodation

• Notice of Determination
• Written letter
• Facts of the case
• Verification of need
• Reasonableness
• Identify what will trigger a revocation
• Notify appropriate staff
• Tracking File Retention

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• Questions Answers
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