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Home My Public Portal AboutPacket for Local Preference Information Session 08.17.20231 Local Preference Information Session Thursday August 17th at 6PM Hosted by the Brewster Housing Partnership With the Select Board, Affordable Housing Trust, Community Preservation Committee & Finance Committee 2 Welcome & Introductions Donna Kalinick, Brewster Assistant Town Manager Jill Scalise, Brewster Housing Coordinator 3 THANK YOU, THANK YOU, THANK YOU! Brewster’s Housing Plan is certified. In 2017, Brewster’s Subsidized Housing Inventory (SHI) had 250 units, 5.2% of 4,803 year-round housing units. Today, Brewster’s SHI has 372 affordable housing units. Brewster’s SHI has increased to 7.2% of 5,170 year-round housing units. The state certified the Housing Production Plan three times in five years! 4 Local Preference How does local preference work? What does local preference mean? How is local preference implemented? What is Brewster’s experience with local preference? 5 Executive Office of Housing and Livable Communities (EOHLC) Guidelines 6 Municipality Must Demonstrate Need If a municipality wishes to implement a local preference process, it must: •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. •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. •Demonstrate that the proposed local preference will not have a disparate impact on protected classes 7 Protected Classes Federal Fair Housing Act •Race •Color •National Origin •Religion •Sex •Disability/Handicap •Familial Status; Children M.G.L. 151B Marital Status Age Sexual Orientation Gender Identity Military Status Public Assistance/ Housing Subsidy/Source of Income Genetic Information Ancestry 8 “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…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 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.” *Subsidizing Agencies: EOHLC (LIHTC, LIP, LAU, etc.), MHP, MassHousing, and MassDevelopment Local Preference – How to 9 Who Qualifies for Local Preference? •Allowable Preference Categories •Current residents: a household in which one or more members is living in the city or town at the time of application. •Municipal employees: employees of the municipality •Employees of local businesses: employees of businesses located in the municipality. •Households with children attending the locality’s schools, such as METCO students and regional schools in the municipality 10 Local Preference & Schools Examples of Locality Schools •Nauset Regional High School in Eastham: Village at Nauset Green - •Local Preference for students in the Nauset Regional School District (NRSD), including school choice. •Nauset Middle School in Orleans: Cape Cod Five (Pennrose) & Main Street (HAC)- •Local preference for students in the NRSD, including school choice. •Stony Book & Eddy Elementary Schools in Brewster: Brewster Woods & 0 Millstone Road- •Brewster elementary schools are not part of the NRSD. However, families with students attending the NRSD pre-K in Brewster would qualify for Brewster local preference. 11 •When determining the preference categories, the geographic boundaries of the local resident preference area may not be smaller than the municipal boundaries. For regional preferences, generally it must be the MSA (Barnstable County not Upper Cape) •Durational requirements related to local preference, that is, how long an applicant has lived in, worked, or gone to school in a preference area are not permitted in any case. •Preferences extended to local residents should also be made available not only to applicants who live or work in the preference area, but also to applicants who have a bona fide offer to work or have a pending purchase or lease of a home in the preference area Local Preference- Guard Rails 12 Local Preference- Guard Rails •A preference for households that work in the community must not discriminate against persons with disabilities and elderly households. •Advertising must not have a discriminatory effect on eligible applicants. As such, local preference preferences must not be advertised as they may discourage non-local applicants •Local Preference only applies to the initial sale or lease up!13 •The number and type of pools will depend on the project. •For projects with approved local preference, there will be two pools: local and open. •Local applicants will be placed in both pools. Local Preference- The lottery for initial sale or leasing opportunities 14 The Percentage (%) of applicants who identify as minorities in the Local Preference pool must be equal to or greater than the % of minority residents in the Metropolitan Statistical Area(MSA). Using 2020 Census figures, the percentage of minorities in the Barnstable County MSA is 15%. Local Preference- Minority Balancing 15 •If the % of minority local resident households in local pool is less than % in the Metropolitan Statistical Area (MSA), then •Hold a preliminary lottery comprised of all minority applicants in the open pool. •Add minority applicants to local pool until the % of minorities in local pool is equal to or greater than the % of minorities in MSA •If there are not enough minority applicants in the open pool to increase the local pool to the MSA %, then additional marketing must happen to attract additional applicants Minority Applicants chosen for local pool will also be in open pool. Local Preference- Minority Balancing 16 Example of Minority Balancing: 1 forty (40) unit Comprehensive Permit (40B) Development in Barnstable County with 10 affordable units. Step 1 Sort by “open pool” and “local pool” •# Applicants in “open pool: 70, including 10 minority applicants •# Applicants in “local preference pool”: 30, including 2 minority applicants Step 2 Assess •% of minority applicants in local pool = 6.7% •% of minority population in Barnstable County = 15% •Is minority balancing needed? Yes Step 3 Balance •Hold preliminary drawing of all non-local minority applicants •Rank by order picked •Add minority applicants to local pool until % in local pool is greater than or equal to Barnstable MSA (15%). •3 applicants added to local pool. 17 Brewster’s Recent Local Preference Experience Habitat for Humanity Brewster Woods Serenity 18 Paul Hush Way: 14 homes in 2 phases •70% Local Preference request granted •$1,397,000 Town CPA funding •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 19 Brewster Woods: 30 rental apartments •70% Local Preference request granted •Housing Authority land, $550,000 Brewster CPA funds and $1.68 Million MassWorks grant to the Town •Affirmative fair housing marketing for 27 units affordable at 30 to 60% Area Median Income (AMI) •240 total applicants, 128 applicants qualified for the lottery •40 applicants in local preference pool •Fair representation, no minority balancing required 20 Serenity at Brewster: 27 affordable rentals •Renovation of the former Wingate Rehabilitation facility into 132 apartments for folks aged 55+ •50% Local Preference request granted, no Town funding in the rehabilitation •Affirmative fair marketing for 27 units affordable at 80% AMI •72 applicants, 53 qualified for the lottery •Minority balancing used in the lottery •14 applicants in the supplemented local preference pool, all offered apartments at Serenity 21 Habitat for Humanity: 2 homes on Phoebe Way •Two affordable 3-bedroom homes. •One at 60%AMI, One at 80%AMI. •$100,000 Brewster CPA funds •One veteran preference home. This will become local preference if no veterans qualify. •Application deadline ended August 14th 22 Local Preference Decision Point: 0 Millstone Road 23 Spring Rock Village: (0 Millstone Road) 45 affordable rentals •$ 285,000 CPA funds used to purchase 1.5-acre access parcel in 2018 •16.6 acres of Town land designated for Community Housing •Feasibility study & community outreach •Town led Request for Proposals 2021 •Land Disposition Agreement 2022 & Future land lease with Town •Comprehensive Permit approved 2023 •Current $500,000 CPA request •Expected $500,000 request to Housing Trust 24 Brewster may request up to 70% Local Preference •Town decision and request is made by the Select Board •The Select Board has often received input from Housing Partnership •Request must be made to EOHLC by September 14th 2023 •Request must include documentation of need. •Final decision on the approval of local preference is made by EOHLC 25 Brewster Housing & Documentation of Need Housing Production Plan 2017 Housing Plan approved and twice certified by state: April 2018- April 2019 & May 2022-May 2023. In August 2022, current Housing Plan approved by state and currently certified by the state June 14, 2023- June 13, 2023. Brewster’s Subsidized Housing Inventory (SHI) is 7.2%. Based on 2020 Census and 5,170 year-round housing units. 26 Questions? 27 Brewster Local Preference Information Session Special thanks to Laura Shufelt, Director of Community Assistance, Massachusetts Housing Partnership Part of this presentation is based on slides created and originally used by Laura Shufelt May 18, 2023 at the Barnstable HOME Consortium. For further information, contact: Jill Scalise, Housing Coordinator at jscalise@brewster-ma.gov or 508-896-3701, ext. 1169 For further information, contact: Donna Kalinick, Asst. Town Manager at dkalinick@brewster-ma.gov or 508-896-3701, ext. 1130 28 August 1, 2023 Mr. Ned Chatelain Chair, Brewster Select Board 2198 Main St. Brewster, MA 02631 Housing Production Plan – Certification Approved Dear Mr. Chatelain: The Executive Office of Housing and Livable Communities (EOHLC) has reviewed the Town of Brewster’s July 13, 2023 request for certification of compliance with its Housing Production Plan (HPP). In order for a municipality to be certified the following needs to occur: • Housing units affordable to low- and moderate-income households and eligible for inclusion on the Subsidized Housing Inventory (SHI) have been produced during one calendar year, the same year for which certification is requested during the initial year of SHI eligibility. • Units must total at least 0.5% units for Brewster of year-round housing units for a one-year of certification. A total of 1% of year-round housing units for Brewster are needed for a two-year certification. • The municipality must have a valid Housing Production Plan (HPP) at the time the units became initially eligible for the SHI. • The units were produced and are eligible in accordance with the approved HPP and EOHLC’s c. 40B Guidelines.1 EOHLC makes the following findings: 1. The project for which certification is requested is 0 Millstone Road (SHI ID # 10855). The project’s Comprehensive Permit was filed with the Brewster Town Clerk on June 14, 2023. 2. The project consists of 45 SHI-eligible units, which constitute enough units for a one-year certification period. 3. The municipality had a valid Housing Production Plan (HPP) at the time the units were produced. The HPP is valid until August 11, 2027. 4. The housing development is consistent with the production goals outlined in Brewster’s HPP. 1 https://www.mass.gov/files/documents/2017/10/10/guidecomprehensivepermit.pdf Commonwealth of Massachusetts EXECUTIVE OFFICE OF HOUSING & LIVABLE COMMUNITIES Maura T. Healey, Governor  Kimberley Driscoll, Lieutenant Governor  Edward M. Augustus, Jr., Secretary 100 Cambridge Street, Suite 300 www.mass.gov Boston, Massachusetts 02114 617.573.1100 29 This certification is effective for a one-year period from June 14, 2023 to June 13, 2024. Please note that all units must retain eligibility for the SHI for the entire certification period. If units are no longer eligible for inclusion on the SHI, they will be removed and will no longer be eligible for certification. This action may affect the term of your certification. I have included an updated list of SHI eligible units. Brewster’s current SHI stands at 7.20%. If you have any questions or need assistance, please contact Phillip DeMartino, Technical Assistance Coordinator, at (617) 573-1357 or Phillip.DeMartino@mass.gov. Sincerely, Louis Martin Director Division of Community Services cc: Senator Julian Cyr Representative Christopher Richard Flanagan Peter Lombardi, Town Administrator, Town of Brewster Donna Kalinick, Assistant Town Administrator, Town of Brewster Jill Scalise, Housing Coordinator, Town of Brewster 30 EXECUTIVE OFFOCE OF HOUSING AND LIVABLE COMMUNITIES CH40B SUBSIDIZED HOUSING INVENTORY Total SHI Units Affordability ExpiresProject Name Address Type Built w/ Comp. Permit? Subsidizing Agency Brewster DHCD ID # EOHLCn/a Frederick Court 32 NoPerpRental409 EOHLCHuckleberry Lane Huckleberry Lane 12 NoPerpRental410 EOHLCHuckleberry Lane Huckleberry Lane 12 NoPerpRental411 EOHLCBelmont Park Belmont Park Drive 20 YesPerpOwnership412 FHLBBGreat Fields Affordable Housing Great Fields Road 2 NoPerpOwnership413 MassHousingKing's Landing Underpass Road 108 No2033*Rental416 EOHLCYankee Village Signal Hill Circle 12 Yes2045Ownership417 HUDFrederick Court expansion Wells Court 24 YesperpRental3746 FHLBBYankee Drive II Yankee Drive 3 Yes2102Ownership3747 HUDEagle Point 151 Turning Mill Rd 3 No2040*Rental3748 DDSDDS Group Homes Confidential 12 NoN/ARental4223 Habitat for Humanity James Burr Road 4 YESperpOwnership8806 HUD EOHLCTubman Road/Hush Way Tubman Road, Hush Way 14 NOPerpOwnership10007 EOHLCBrewster Landing Sachemus Path 7 YESPerpOwnership10217 EOHLCBrewster Woods 141 Brewster Road 30 YESPerpRental10247 MassHousingWhite Rock 157 & 0 South Orleans Rd (Route 39)3 YESPerpOwnership10447 EOHLCSerenity Apartments at Brewster 873 Harwich Road 27 NOPerpRental10691 EOHLCRed Top Road Red Top Road 2 YESPerpOwnership10692 Brewster Page 1 of 2 This data is derived from information provided to the Executive Office of Housing and Livable Communities (EOHLC) by individual communities and is subject to change as new information is obtained and use restrictions expire. 7/28/2023 31 EXECUTIVE OFFOCE OF HOUSING AND LIVABLE COMMUNITIES CH40B SUBSIDIZED HOUSING INVENTORY Total SHI Units Affordability ExpiresProject Name Address Type Built w/ Comp. Permit? Subsidizing Agency Brewster DHCD ID # EOHLC0 Milestone Rd 0 Milestone Rd 45 NOPerpRental10855 Brewster 5,170Totals 7.20%Percent Subsidized 372 Census 2020 Year Round Housing Units Brewster Page 2 of 2 This data is derived from information provided to the Executive Office of Housing and Livable Communities (EOHLC) by individual communities and is subject to change as new information is obtained and use restrictions expire. 7/28/2023 32