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Community Benefits Agreements: An Important Tool for Inclusionary Housing

Community Benefits Agreements: An Important Tool for Inclusionary Housing Ben Beach, Legal Director The Partnership for Working Families Local Tools and Strategies for Achieving Inclusion Session Solutions 2013 Conference September 16, 2013. What Is a Community Benefits Agreement?.

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Community Benefits Agreements: An Important Tool for Inclusionary Housing

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  1. Community Benefits Agreements: An Important Tool for Inclusionary Housing Ben Beach, Legal Director The Partnership for Working Families Local Tools and Strategies for Achieving Inclusion Session Solutions 2013 Conference September 16, 2013

  2. What Is a Community Benefits Agreement? • Lease • Subsidy • Development Agreement Developer Government Agreement Cooperation Agreement Community Benefits Local Government Community Coalition Cooperation Agreement

  3. Example 1: LA Sports and Entertainment District • 6 million s.f., multi-developer project surrounding Staples Center including 2100 permitted residential units • CBA executed 2001, provides for 20% affordable housing (on-site or off-site) at 50%, 60% and 80% AMI • $650,000 zero-interest revolving loan fund for local non-profit developers

  4. Example 2: Bayview-Hunters Point • CBA executed 2008for massive mixed-use project – 12,000 anticipated residential units. • 32% ofhousing units on site affordable. Half of those are rental units at 60% AMI or below. Remainder are for sale at 80-160% AMI. Preference for local and displaced residents. • Provides for over $27 million in housing assistance funds targeted to neighborhood residents, including down payment assistance.

  5. CBAs Can Lead to Policy • 2005, City of Los Angeles’ (former) Community Redevelopment Agency, after multiple CBAs on Agency-assisted projects, adopted inclusionary housing policy • For projects built with CRA housing funds, 30% on-site at 50% AMI or below, with at least 50% for 30% AMI • 30 year affordability covenants enforceable by tenants

  6. Issues to Consider • Who is “community”? • Timing of construction of affordable units • Enforceability (clarity, no encumbrances) • Enforcement (private right, coalition capacity) • Binding Transferees • “Credits,” contributions and other release valves

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