HomeMy Public PortalAboutLocal Preference and Fair Housing Educational Forum SlidesLOCAL PREFERENCE
AND FAIR HOUSING
FORUM
Thursday March 25th 6PM
Sponsored by the Brewster Housing Partnership
With the Select Board, Community Preservation Committee & Affordable Housing Trust Fund
Special thanks to Mass Housing Partnership
WELCOME &
INTRODUCTIONS
Shelly Goehring, Senior Program Manager, Mass Housing Partnership
Katharine Lacy, Senior Planner, Mass Housing Partnership
Donna Kalinick, Brewster Assistant Town Administrator
Jill Scalise, Brewster Housing Coordinator
Agenda of Presentation
•Introduction to the forum: Why are we here? Donna Kalinick & Jill Scalise
•Zoning: Obstacles and opportunities for fair housing-Katharine Lacy
•Affirmatively furthering fair housing-Shelly Goehring
•Local Preference: A general definition and how it is implemented in MA-
Katharine Lacy
•Brewster Housing-Donna Kalinick & Jill Scalise
•Recent Brewster Housing activities and fair housing
•Questions & Discussion
WHY ARE WE HERE?
An invitation from the Housing Partnership
Brewster Housing Partnership
Housing Partnership Charge:
The Brewster Housing Partnership was established to provide a local entity
interested in and advocating for local affordable housing initiatives in accordance
with the guidelines and framework of the Department of Housing and Community
Development (DHCD) and the Massachusetts Housing Partnership. The partnership
continues to provide input and coordination whenever a private comprehensive
permit application comes before the Town and frequently comments on other
projects, programs, and policies, including Community Preservation expenditures
which could affect the Town’s Subsidized Housing Inventory. The committee
consists of seven members appointed to three-year terms.
In the context of reviewing potential housing applications, questions emerged:
•What is local preference?
•How does local preference relate to fair housing?
What is Fair Housing?
In Massachusetts, it is unlawful for a
housing provider to discriminate
against a current or prospective
tenant based on:
Race, Color, National Origin,
Religion, Sex, Familial Status (i.e.
children), Disability, Source of
Income (e.g. a Section 8 voucher),
Sexual Orientation, Gender Identity,
Age, Marital Status, Veteran or
Active Military Status, Genetic
Information.
Brewster Housing Production Plan
Strategy #13
Develop a comprehensive
education plan.
Strategy #16
Recognize local
government’s
responsibility for fair &
affordable housing in
Brewster, and lead by
example: reduce the
potential for disparate
impact on protected
classes.
Brewster Vision Plan:
“Brewster is a welcoming and inclusive community that celebrates
its diversity and special character.”
Select Board & Town Administrator’s
Pledge to Enhance Diversity, Equity &
Inclusion for All
Select Board Strategic Plan
Community Character Goal #2
Develop plan to identify/address issues of diversity and
inclusion,including potential formation of task force or
advisory committee
Affordable Housing Trust Fund Mission
Statement
The Brewster Affordable Housing Trust (“BAHT”)seeks
to expand and preserve year-round rental and
ownership homes that are affordable to moderate,
low,and very low income households.Our efforts will
foster a welcoming environment for demographically
and socio-economically diverse populations.The BAHT
is committed to education,collaboration,and
community engagement.
Presentation Goal:
•To provide a common language and
understanding of fair housing and local
preference for future discussions and policy
decisions.
MASS HOUSING
PARTNERSHIP
Background & Context –Zoning: Obstacles & Opportunities for Fair Housing
Affirmatively Furthering Fair Housing
Local Preference: A General Definition and How it is Implemented in MA
MHP works with communities to create innovative policy and financing solutions that provide affordable homes and better lives for the people of Massachusetts.
Who we are
Research on housing data to support policy efforts
Community Assistance
Permanent financing for affordable rental housing
ONE Mortgage program
Community Assistance
Workshops and trainings
Resources and publications
Technical assistance
•Assessing Needs
•Local Support
•Zoning & Land Use
•Fair Housing
•Development Process
•Financing & Funding
www.housingtoolbox.org
www.mhp.net/datatown
Local Zoning:
Obstacles and Opportunities for Fair Housing
Brewster Local Preference and Fair Housing Forum
March 25, 2021
Photo Credit: Brewster Historical Society
Priority Affordable Housing Needs
Low-Income Family Housing
-Garden-style apartments
Rental Housing for Single People
-Single Room Occupancy Buildings
Subsidized Housing for the Elderly
-Affordable Senior Housing
Regulatory/Development Constraints
Infrastructure Challenges (Water, Septic)
Environmental Constraints
Open Space and Preservation Goals
Zoning Constraints
-Lack of land zoned for MF
-Land Area Requirements
-Intensity Limitations
-Special Conditions
Brewster’s HPP: A Balancing Act
1960 Zoning By-law
Five (5) pages in length
Three (3) Districts
-Residential
-Limited Business
-Business
As-of-right Residential Uses
-1 and 2 Family Dwellings
-Agricultural Uses
-Professional Practice
-Up to ten (10) borders
Area Regulations*
-Min. lot size: 15,000 sf
-Frontage: 100’
-Setbacks: 30’, 20’, 20’
-Distance between buildings: 40’
1976 Zoning By-law (Includes Changes from 1971)
More Districts
-Residential Rural
-Residential Low Density
-Residential Medium Density
-Commercial-High Density
-Commercial Seasonal
-Wetlands Conservancy
-Municipal Refuse District
New Types of Housing*
-Cluster
-Multifamily
-Townhouse
-PUD
New Types of Regulations
Off Street Parking Regulations
Signage Regulations
“Special” Regulations
Area Regulations
-Height
-Lot Coverage
-Minimum Building Size
-Distance between building
Non-Conforming Uses
Special Permits
State and National Trends in Land Use Regulation
Brewster’s Current Regulatory Framework
Lot sizes
New Districts
-Groundwater Protection District
-Floodplain District
-Village Business
-Natural Resource Protection District (Overlay
-Water Quality Protection District (Overlay)
New Uses
-Cellular facilities
-Marijuana Dispensaries
-Wind Turbines
-Solar
New Types of Housing
-Senior Affordable Housing
-Natural Resource Protection Design
-Planned Residential Development
-Major Residential Development
-Accessory Dwelling Units
-Affordable Multi-Family Housing Lot Sizes
Other
Septic Regulations > Title V
Wetlands Regulations > Wetland Protection Act
Historic Districts Commission
The Cost of Increased Regulation
The Cost of Increased Regulation
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
1960s 1970s 1980s 1990s 2000s 2010s
Annual Housing Production in Massachusetts by Decade
Multifamily
Single Family
The average lot size in Massachusetts is
now more than an acre, or the size of an
NFL football field.
Spatial Implications of Increased Regulations
Building Heights in non-urban towns have
dropped below what was built historically
Social Implications of Local Regulations
Social Implications of Local Regulations
Consequences: Intended or
Unintended?
Social Implications of Local Regulation
The Power of Local Regulations
More Regulated More Expensive Housing
More Regulated Better Services
More Regulated Higher Barriers to Entry (Exclusive)
More Regulated Less Diverse (Race and Income)
More Regulated Less Equitable (Redistributive)
The Power of Local Regulations
Zoning IS your Master Plan
Brewster’s Housing Vision
Housing Choices-New Opportunities for Zoning
Reduces Town Meeting voting threshold from 2/3 majority to simple majority for zoning articles allowing:
•Multi-family housing or mixed-use developments “as of right” in an eligible location.
•Accessory dwelling units, either within the principal dwelling or within a detached structure on the same lot, as-of-right; or detached ADUs with SP
•Reduced parking requirements (with a special permit)
•Reduced dimensional standards:
lot size
lot coverage
height
setbacks
parking
Photo Credit: Brewster Historical Society
Thank you!
Katy Lacy, MHP
katharinelacy@gmail.com
Strengtheningour communitiesby affirmatively furthering fair housingShelly GoehringSenior Program Manager
In this session:Our fair housing obligationsRecognizing barriers to fair housingBenefits of inclusive communities
Fair Housing Act of 1968
Federal & State Protected ClassesFederal (Fair Housing Act)•Race•Color•National Origin•Religion•Sex•Familial Status•DisabilityState (M.G.L. c. 151B) All federal bases plus:•Ancestry•Age •Marital Status•Source of Income/Public Assistance •Sexual Orientation•Gender Identity•Veteran History/ Military Status•Genetic Information
Two sides of the fair housing coinAnalysis of ImpedimentsAffirmatively Further Fair Housing
Obligation toAffirmatively Further Fair HousingReduce segregation patternsPromote housing choiceEradicate discriminationAddress disparities in housing needs & access to opportunity
AFFH needs to consider race“In the face of the clear legislative purpose of the Fair Housing Act…to combat racial segregation and discrimination in housing, an interpretation of “affirmatively further fair housing” that excludes consideration of race would be an absurd result…”‐‐Anti‐Discrimination Center of Metro NY Incorporated v. Westchester County
Analysis of ImpedimentsIt’s not just about how much affordable housing you have.Examine location of your affordable housing. Consider its proximity to opportunities and resources.Does the housing increase or decrease racial diversity in the neighborhood?
Strategies toAffirmatively Further Fair HousingAffirmative Fair Marketing• Follow DHCD’s marketing & resident selection plan guidelines•Market to those least likely to applyZoning•Consider ways that zoning may be creating disparate impactDiverse Housing Options• Multi‐family AND single family• Rental AND homeownership• Family AND senior
What the state is doing to AFFHInvests in communities w/ racial & ethnically concentrated poverty to improve opportunitiesInvests in affordable housing development to improve access to opportunity areas & reduce perpetuation of segregationExpand housing opportunities for families w/children by requiring three bedroom units in housing funding programsPromote Visitability, Universal Design and accessibility (beyond minimum code) to improve housing for persons w/disabilities, persons aging in place and other groups
Recognizingbarriers to fair housing
Municipal levelOften no fair housing consideration in master plansOften no fair housing consideration in master plansNo local fair housing goals & objectivesNo local fair housing goals & objectivesResistance to look regionallyResistance to look regionallyPrimarily single family zoningPrimarily single family zoningMunicipal leadership skews to home ownersMunicipal leadership skews to home owners
Tools that may excludeLocal zoning•Large lot sizes•No multi‐family “as of right” (economies of scale)•Set backs and floor‐area‐ratio (FAR)Local preference (0% vs 70% vs 100%)Resistance to public sewer and water
Acknowledging impediments to fair housing is the first step. Planning to address impediments is the NEXT step.
Inclusive communities are more resilient
Diversify age distribution
Significant decrease in young adults
Is this impacting the schools?
Increase local housing options
Very little housing diversity & development
Most housing is homeownershipHaving a healthy mix of rental and homeownership housing, as well as smaller homes, supports people in all stages of the life cycle.
Support the local economy that relies on low wage labor
LandscapersChildcare providersHousecleanersRetail workersMany municipal workersWhat does it say about us if we want the workers, but not the housing these workers can afford to live in?EQUITY
Prepare for a diverse workplace
From 1980 to 2024…•White non‐Hispanic workers expected to dip below 60%(down from 83% in 1980)Sources: Bureau of Labor Statistics, The National Center for Public Policy and Higher Education, CNN BusinessDoes it put Brewster young people at a disadvantage to live in a primarily white community?•Millennials (56% white) are more diverse than Boomers (72% white)•People of color in the workforce will have more than doubled(18% to 39%+)
It’s in your hands!Analysis of ImpedimentsAFFHMore inclusive community
Resources
Relevant data for every community in the Commonwealth to help make the case for housing.Strategies and best practices for the creation and preservation of affordable housing.www.housingtoolbox.orgwww.mhp.net/datatown
Questions?Shelly GoehringSenior Program Manager857‐317‐8525 ● sgoehring@mhp.net
Local Preference
Local Preference-WHY?
If a municipality wishes to implement a local selection process, it must:
(1)Demonstrate in the AFHMP the need for Local Preference. For instance, a
community that has a subsidized rental housing or public housing waiting list
with applicants likely to apply for the project may support a local preference.
(1)Justify the extent of the Local Preference (the percentage of units to be set
aside for local preference). That is, how does the documented local need, in the
context of the size of the community, justify the proposed size of the local
preference for a given project. Note, however, that in no event shall a local
preference exceed 70% of the affordable units in a project.
(2)Demonstrate that the proposed local preference will not have a disparate
impact on protected classes
Local Preference-HOW?
“A municipality must provide the developer ( and the subsidizing agency) the
documentation required to support a local preference within 3 months of the
issuance of the Comprehensive Permit. Failure to comply with this requirement
shall be deemed to demonstrate that there is not a need for a local preference and
shall not be approved as a part of any Affirmative Fair Housing Marketing Plan or
Use Restriction.”
“The Subsidizing Agency, and in the case of Local Action Units, DHCD as well as the
municipality, must approve a local preference scheme as part of the AFHMP.
Therefore, the nature and extent of local preferences should be approved by the
Subsidizing Agency (or DHCD in the case of LAUs) prior to including such language
in any zoning mechanism. Furthermore, a comprehensive permit shall only contain
requirements or conditions relating to local preferences to the extent permitted by
applicable law and this policy.”
Local Preference-WHO
(a) Allowable Preference Categories
(1)Current residents: a household in which one or more members is living
in the city or town at the time of application.
(2) Municipal employees: employees of the municipality, such as teachers,
janitors, firefighters, police officers, librarians, or town hall employees.
(3) Employees of local businesses: employees of businesses located in the
municipality.
(4) Households with children attending the locality’s schools, such as
METCO students.
Local Preference-Guard Rails
b. When determining the preference categories, the geographic boundaries of the
local resident preference area may not be smaller than the municipal boundaries.
c. Durational requirements related to local preference, that is, how long an
applicant have lived in or worked in a residency preference area are not permitted
in any case.
d. Preferences extended to local residents should also be made available not only to
applicants who work in the preference area, but also to applicants who have been
hired to work in the preference area because of a bona fide offer of employment,
and applicants households with children attending the locality’s schools.
e. A preference for households that work in the community must not discriminate
against persons with disabilities and elderly households.
f. Advertising must not have a discriminatory effect on eligible applicants. As such,
local residency requirements must not be advertised as they may discourage non-
local applicants
Local Preference only applies to the initial sale or lease up!
Percentage (%) of minority applicant in Local Preference pool must be equal to or greater than % minority residents in Metropolitan Statistical Area.
Example: A forty (40) unit 40B in Barnstable County with 10 affordable units
Step 1: Sort by “Open” and “Local”
# Applicants in “Open Pool” (not Local): 70, including 10 minority
# Applicants in “Local Preference Pool”: 30, including 2 minority
Step 2: Assess
% Minority Applicants in Local Pool 6.7%
%Minority Population in Barnstable County 8.4%
Minority Balancing Needed? YES
Applicants in Local
Preference Pool
Minority Applicants in
Local Preference Pool
% Minority Applicants
in Local Preference Pool
30 2 6.7%
Local Preference Guard Rail: Minority Balancing
Step 3: Balance
•Hold preliminary drawing of all non-local minority applicants
•Rank by order picked
•Add minority applicants to local pool until % of minority in local pool is greater
than or equal to
% minorities in SMSA (8.4% in Barnstable)
Minority Balancing
%Total Applicants in
Supplemented Local
Preference Pool
%Total Minority
Applicants in
Supplemented Local
Preference Pool
%Minority Applicants
in Supplemented
Local Preference Pool
31 3 10%
Partial Bibliography for Zoning Presentation
Segregation by Design Jessica Trounstein, 2018
Neighborhood Defenders, Einstein, et. al 2020
Zoning Rules, Fischel, 2015
“A New Measure of the Local Regulatory Environment for Housing Markets: The
Wharton Residential land Use Index,” Gyorko et al, 2006
“The Geography of Inequality: How Land Use Regulation Produces Segregation” in
American Political Science Review, 2020
“Residential Land Use Regulations in Eastern Massachusetts, “Amy Dain, Pioneer
Institute, 2005
“The Causes and Consequences of Land Use Regulations,”Glaser, Journal of Urban
Economics
“Zoning, Housing Costs and Access to High Quality Schools,”Glaser, Brooking
Institute, 2012,
ETC…….
BREWSTER HOUSING
Recent Housing Activities & Fair Housing
Brewster’s Housing Context
Brewster Housing Stock: 45% owner occupied, 8% renter occupied,44% seasonal/ vacant
MA Housing Stock: 56% owner occupied, 34% renter occupied, 4% seasonal/ vacant
2020 Median Brewster Home Sales Price-$470,000 (Cape & Islands Assn. of Realtors)
Affordable Housing:
•Affordable units on the Subsidized Housing Inventory (SHI) –268 units
•5.58% of year round housing, MA mandates 10% affordable of year round housing stock.
•Brewster Housing Authority-56 apartments, state subsidized housing, 2+ year wait list
•Wells Court-24 apartments, senior housing, 2+ year wait list
•King’s Landing-108 apartments, 5+ year wait list
Demographics:
Brewster,
Barnstable County,
Massachusetts
Barnstable County Demographics
Recent Housing Initiatives & Fair Housing
•White Rock Commons, Comprehensive permit neighborhood
•12 homes, 3 affordable, 70% local preference
•Lottery managed by Housing Assistance Corporation (HAC). Fair housing outreach
•2 homes-1 local preference; final home completed later, used original lottery
•Brewster Buy Down Program
•Up to $30,000 to purchase a home, requires a deed restriction
•Approximately one buy down property a year, almost exclusively affordable resales
•No local preference, fair housing outreach included with HAC resale efforts
•Community Housing Forum
•Fair housing discussion and representation at every step from planning through forum
•Broad & targeted outreach: beyond town entities, included diverse groups and social services
•Rental Assistance Program
•Habitat for Humanity Paul Hush Way
Brewster Rental Assistance Program
•Up to $600/ month ongoing assistance
or up to $6,000 emergency Covid
assistance
•HAC is managing agent
•Universal application for all available
funding. Online application
•Fair housing outreach
•Request for Quotes: “Perform
Affirmative Fair Housing Marketing of
the program”
•Quarterly reports include affirmative
marketing as well as assistance
provided
Habitat for Humanity Paul Hush Way
Paul Hush Way: 14 homes in 2 phases
•70% Local Preference
•Affirmative fair housing marketing
•157 total applicants (2 phases)
•49 applicants qualified for
drawing/lottery
•Both the lottery pool and home
ownership build selection
demonstrated a fair and diverse
representation of qualified applicants
Upcoming Housing Opportunities
Brewster Woods
30 units of affordable rental housing, 1,2 & 3 bedroom units, infrastructure construction
underway. ($550,000 CPA funding, $1.68 million MassWorks grant, $250,000 HOME funds) 70%
Local preference requested. Marketing by Preservation of Affordable Housing & HAC.
Habitat for Humanity
Request for a Local Initiative Project (LIP), home ownership, 2 homes on Red Top Road. (CPA
grant request of $105,000) Requesting one home as veteran’s preference.
Serenity Brewster
Former Wingate Skilled Rehabilitation & Assisted Living Center bought by Elevation Financial
Group, rehabilitation into age 55+ rental housing. Expected 131 units with 20% affordable. Will
have a Local Action Unit (LAU) application before the Select Board for the affordable units to be
placed on the Subsidized Housing Inventory (SHI).
Millstone Community Housing Property
16+ acres of Town owned land designated for community housing. Currently the Housing Trust is
in the initial process of developing a Request for Proposals (RFP) for the property.
QUESTIONS &
DISCUSSION
How can Brewster affirmatively further fair housing?