Where Municipal Activities and Fair Housing Intersect

1. Where Municipal Activities and Fair Housing Intersect Jerome Mapp Erik Kingston Jennifer Yost

2. 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

3. 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.

4. 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.

5. 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.

6. 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

7. 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.

8. 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.

9. 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

10. Comprehensive Plan Group Homes • Review Case law in reference to Group Homes • Seek legal advice

11. 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.

12. 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

13. Comprehensive Plan • Schools Facilities & Transportation* • To promote collaboration with local school districts in the development of school facilities • Location • Proximity to housing • Walkability

14. Comprehensive Plan • Economic Development • To promote economic development • Historical placement of housing • Proximity to services (grocery stores, healthcare, gov’t services, schools, etc.) • Proximity to employment centers

15. 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

16. 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

17. 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

18. Comprehensive Plan • Transportation • Promote coordination and collaboration of transportation services between transportation jurisdictions • Availability of service • Walkability • Transportation Options

19. 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

20. 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,

21. 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.

22. 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 everyone’s job

23. Housing Terms and Types Determined by age/ability/policy independent—assisted—institutional Determined by income (% of AMI) shelter affordable workforce market-rate 0–30% 30–80% 80–140% >140%

24. 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)

25. 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

26. 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

27. 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

28. 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)

29. 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

30. Do Current Codes Serve Needs? • Review building codes and zoning laws that restrict housing use and types • Defensible • Necessary • Net gain for community

31. 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

32. 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

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

34. 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 • I’m on disability • I will have to move if this is not allowed

35. 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

36. 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

37. 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?

38. 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

39. Questions & Answers ????