AFFORDABLE HOUSING UPDATE FACT SHEET

 

CONTENTS

 

Federal Housing Programs. 2

Housing For Low Income Families and individuals. 2

Assistance Grants. 3

Programs to Improve Communities. 3

Other Programs. 3

State Housing Programs. 4

“Pass-through” of Federal Funds for Smaller Jurisdictions. 4

Examples of local programs that improve the availability or affordability of housing. 5

Rental registration and/or regular inspection of rental units. 5

Inclusionary zoning. 5

Revenue sources for affordable housing. 6

Regulations that may have the effect of limiting affordable housing. 6

TURNING INFORMATION INTO ACTION.. 6

Bibliography. 9

LWVMD Affordable Housing Committee. 9

 

 

AFFORDABLE HOUSING UPDATE FACT SHEET

September 2006

 

The 2005 League of Women Voters of Maryland Convention adopted a focus and update on affordable housing throughout the state with a local information exchange on how to achieve a greater supply of housing for low- and moderate-income households. In 2005 the need for affordable housing was listed as a priority for action and strong local, state and national positions already exist. Recently the disparity between housing costs and family income has become worse.  Our goal is the provision of safe and affordable housing in each jurisdiction that is within economic reach of all the community’s citizens, but each jurisdiction must address the problem in its own way.

 

A rapidly increasing housing affordability gap affecting a wide range of families and individuals exists in our country. According to the Center for Housing Policy of the National Housing Conference, 1 in 8 households in the U.S. pay more than 50% of their income for rent or mortgage payments and/or live in physically dilapidated housing. Various reports from the National Low Income Housing Coalition, state that existing housing programs and policies and their funding fall short of the need for housing assistance.  Less than 25% of income qualified low, very low or extremely low households receive any type of housing assistance.  Several factors have combined to create the current problem.  Wages have not kept up with housing costs.  Higher paying industrial jobs have disappeared and low paying service jobs have increased.  Many low income areas, locally and nationally, have undergone revitalization efforts that have priced current residents out of the market.  Recent budget cuts in housing programs, both nationally and locally, have escalated the crisis.

 

In Maryland and across the country, home prices and rental costs have increased, but income levels have not kept pace.  According to data reported in the Maryland Department of Housing and Community Development monthly reports, from 2000 to 2004 the median price of a home in Maryland increased by 68.2%, the median rent increased 24.8%, and the median income actually decreased by 4.9%.  This growth disparity has resulted in dramatic increases in monthly housing expenses for renters and homeowners.  According to Out of Reach, published by the National Low Income Housing Coalition, Maryland ranks as the fourth least affordable state for housing.

 

In 2005, the U.S. Department of Housing and Urban Development (HUD) updated their 1991 report “Not in My Back Yard: Removing Barriers to Affordable Housing” concluding that NIMBYISM (Not in My Back Yard) continues to prompt the implementation of regulatory barriers that pose major obstacles to rental housing, high density development, and other types of affordable housing.

 

The Campaign for Affordable Housing, a national non profit organization, reviewed public opinion polls determining that opinion poll respondents rank the need for affordable homes for low and moderate income families second only to health care and employment.

 

In a recent publication entitled The Public’s View of Affordable Housing, HUD stated:

“There is a broad consensus that government should see that everyone has access to decent and affordable housing…this year 68% of those surveyed by the National Association of Realtors agreed that government should place a higher priority on making housing-both for renters and homeowners-more affordable in my area.”

 

The Minnesota Housing Partnership (which included the LWVMN as a member) sponsored a statewide public relations campaign in the 1990s that helped obtain increased public support and state funding for affordable housing.  The campaign emphasized

  • Those who need affordable housing are important to us and our community.
  • Those living in safe, affordable housing are better able to take responsibility for themselves and raise their children to become productive citizens.
  • Our community will be stronger if it adequately meets the housing needs of its workforce.

 

Affordable Housing Defined

According to the federal government, housing is considered affordable if it costs no more than 30% of a household’s gross monthly income.  For renters, this definition includes rent and utilities.  For homeowners, the federal definition includes mortgage payment, property taxes, insurance and utilities. Housing industry standards are slightly looser, estimating a household’s home purchase affordability ratio at about 3 times its annual gross income.  Using multifamily industry standards, a renter household can afford to spend up to 30% of its gross monthly income on contract rent as opposed to 30% for rent plus utilities. 

Federal Housing Programs

We think of federal expenditures on housing as primarily money to help low and moderate-income families and individuals.  That is not the case!   Housing related tax expenditures to homeowners (tax deductions for mortgage interest, property taxes and exemptions from capital gains) dwarfs housing assistance (the money Congress budgets for various federal low/moderate income housing programs).  Federal housing assistance budget authority has decreased 48% since 1976.  Meanwhile, housing related tax expenditures increased by 260% since 1976.

  

Federal housing programs administered by HUD can broadly be divided into two categories: those that provide housing for low income families and individuals and those that are focused on improving communities.  While there are well over 100 federal housing programs, some of the more common ones include:

 

Housing For Low Income Families and individuals

Public Housing   HUD provides both operating subsidies and capital funds to Housing Authorities.

Housing Choice Vouchers Tenant-based voucher assistance provides rental subsidies for standard-quality units that are chosen by the tenant in the private market.  Seventy-five percent of newly available vouchers must go to families with incomes below 30 percent of the area median income. 

Elderly Housing (Section 202) Capital advances are made to eligible private, nonprofit sponsors to finance the development of rental housing with supportive services for the elderly.

Housing for persons with a disability (section 811) Capital advances are made to eligible nonprofit sponsors to finance the development of rental housing with the availability of supportive services for persons with disabilities. 

 

Assistance Grants

The Shelter Plus Care Program (S+C) Provides grants for rental assistance, in combination with support services to homeless persons with disabilities (primarily those with serious mental illness, chronic problems with alcohol and/or drugs, and acquired immunodeficiency syndrome (AIDS), and related diseases).

Emergency Shelter Grants (ESG) Program provides grants to help increase both the number and quality of emergency shelters for homeless individuals and families, to operate these facilities and provide essential supportive services, and to help prevent homelessness. 

Housing for Persons With AIDS This program provides grants to eligible states, cities, and nonprofit organizations to provide housing assistance and related supportive services to meet the housing needs of low-income persons with HIV/AIDS and their families.

 

Programs to Improve Communities

Community Development Block Grants (CDBG) Program provides annual grants on a formula basis to entitled communities to carry out a wide range of activities directed toward neighborhood revitalization, economic development, and improved community facilities and services. Entitlement communities develop their own programs and funding priorities and consult with local residents before making final decisions. All CDBG activities must meet one of the following national objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums and blight; or meet certain community development needs having a particular urgency. 

HOME This is a grant program available to states and local governments to support implementation of local housing strategies designed to increase homeownership and affordable housing opportunities for low- and very low-income Americans.  Participating jurisdictions may use HOME funds for a variety of housing activities, according to local housing needs. Eligible uses of funds include homeownership downpayment (American Dream Downpayment Initiative); tenant-based assistance; housing rehabilitation; assistance to homebuyers; and new construction of housing. HOME funding may also be used for site acquisition, site improvements, demolition, relocation, and other necessary and reasonable activities related to the development of non-luxury housing.

Healthy Homes and Lead Hazard Control Addresses childhood lead-based paint poisoning and other childhood diseases associated with housing. It promotes preventive measures to correct multiple safety and health hazards in the home environment.

 

Other Programs 

Fair Housing and Equal Opportunity Office This Federal office investigates, conciliates, and charges cases of housing discrimination prohibited by the Fair Housing Act. The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, national origin, disability, or familial status (includes individuals or families with children under 18 years of age and pregnant women). The Fair Housing Act applies to almost all housing in the country.

 

State Housing Programs 

The Maryland Department of Housing and Community Development operates housing programs in four broad categories.

 

 Programs funded with state bonds and general funds and administered by Community Development Administration (CDA)

 

·        Homeownership programs Funded in FY 2006 at $7.5M (state funds). 

The CDA Mortgage program provides low interest loans to eligible low- to moderate-income homebuyers through private lending institutions throughout the state.  The Department recently launched a 35-year mortgage product - More House 4 Less, with interest only payments for the first five years.

The Down Payment And Settlement Expense Loan program provides 0% deferred second mortgage loans to eligible homebuyers.  Homeownership For Individuals With Disabilities Program. Homes are listed and sold through Long and Foster.  Maryland Housing Rehabilitation Program - Single Family is to preserve owner occupied single-family properties and one to four unit rental properties.   Special Targeted Applicant Rehabilitation Program (STAR) assists in the rehabilitation of extremely low income (up to 30% area median) owner occupants of single family homes and families with incomes of less than 55% of median with unfavorable credit ratings that make them ineligible for other Department financing. 

 

·        Rental Housing Programs Funded in FY 2006 at $13.85M (state funds)

Rental Housing Production Program provides loans of up to $1.5M per project for the development of affordable multi-family housing in priority funding areas.    Partnership Rental Housing, funded in FY2006 at $6M, provides funds in partnership with local government for the rehabilitation and construction of multifamily rental housing for families with limited incomes.

 

·        Special Loan Programs Funded in FY 2006 at $8M (state funds).

Accessory, Shared And Sheltered Housing Program (ACCESS) finances the creation of accessory, shared and sheltered housing facilities.  The Historic Preservation Loan Program provides loans to nonprofits, local jurisdictions, businesses and individuals to assist in the protection of historic property

The Heritage Preservation Tax Credit Program provides Maryland income tax credits equal to 20% of the qualified capital costs expended in the rehabilitation of a “certified heritage structure”.  The credit is available for owner occupied residential property as well as income producing property.  Lead Hazard Reduction Grant And Loan Program Shelter and Transitional Housing Facilities Grant Program provides grants to improve or create transitional housing and emergency shelters.

 

 “Pass-through” of Federal Funds for Smaller Jurisdictions.  

 

Federal Low Income Housing Tax Credits to support the development of multi-family rental housing.  This is a competitive process with awards going to profit and nonprofit developers of multi-family housing. 

 

Division of Credit Assurance provides credit enhancement of bonds and mortgages for affordable housing and community development, a banking function not of primary concern to advocates.

 

Other State Programs

The Community Legacy program is designed to help urban neighborhoods, suburban communities and small towns that are experiencing decline and disinvestment. It is funded at $5M in FY 2006 and operated by the Division of Neighborhood Revitalization.   The Maryland Housing Trust Fund was created by the Maryland General Assembly to promote affordable housing and is funded by a portion of the interest generated by title company escrow accounts.  It is listed by the state with DHCD programs.  The state budget estimates that the fund will allocate $1.45M in FY 2006 for capital grants and a revolving loan program. 

 

Examples of local programs that improve the availability or affordability of housing

Rental registration and/or regular inspection of rental units

In Baltimore City, for example, registration of Rental Properties is included in the Baltimore City Code and applies to every non-owner-occupied dwelling unit, whether or not it is occupied, fit for human habitation, or revenue producing.  The owner is required to file a registration statement with the Department of Housing and Community Development annually.  The fee per unit is $30, with a maximum of $5,000 for each owner of record.   Failure to register is a misdemeanor subject to criminal fines up to $500 per day. Registration of a property does not require or trigger an inspection.  Unless the property is a multi-family dwelling interior inspections are done only after a complaint is made by a tenant.  

 

 Multi-family dwellings are licensed.  The license must be renewed annually.  The license fee is $25 per rooming unit and $35 per dwelling unit.   A license may be issued or renewed only if (1) all dwelling units are currently registered; (2) the license fee has been paid; (3) the premises  have been inspected; and new this year (4) the property is registered with Maryland Department of the Environment as required by the Reduction of Lead Risk In Housing Act - Environmental Article§6-8.  

 

Inspection programs in the Counties range from none in Calvert and Cecil Counties to Montgomery County which issues multifamily and single family licenses. Specific information about each County will be covered in more detail at the unit meetings.

 

Inclusionary zoning

 

Montgomery County was the first county to issue an MPDU (moderately priced dwelling units) law.  Since enactment in 1976, 11,000 moderately priced dwelling units have been built.  The law underwent a major revision in late 2004.Acheiving geographic dispersion of affordable housing remains an overriding objective of the program for households making no more than 65% of the county’s median household income.  The program requires that 12% of the units in a development of 20 units or more will be MPDUs.  The sale control period is 30 years for homes and 99 years for rental units.

 

The County Council adopted a Workforce Housing Ordinance on July 11, 2006. The bill states that any subdivision that would contain 35 or more market-rate dwelling units, and that would be located within a specifically defined area, must include an amount of workforce housing ( income at or below 120% of the area-wide median income), that is not less than 10% of the number of proposed market dwelling units.

 

Frederick County has recently enacted inclusionary zoning legislation.  Inclusionary zoning legislation is being proposed in Baltimore City, Calvert County, and Howard County. 

 

Revenue sources for affordable housing

In Calvert County, the Calvert County Affordable Housing Trust Fund was created with funds provided by the Board of County Commissioners with the intention of promoting affordable housing within the County.  The fund is directed toward two areas of need:  1) individual homeowners needing assistance with the purchase of a home and those needing help in rehabilitating their residence and 2) developers of affordable housing needing short-term financing for the construction of housing that, in part, serves low-to-moderate income residents. This has not worked very well.

 

Frederick  County’s annual allocation to the Affordable Housing Council Deferred Loan Program historically has averaged $200,000 annually. Affordable Housing Council is requesting (via Action Plan) a major infusion of seed money and a dedicated revenue source. 

 

Montgomery County has a Housing Initiative Fund that sets aside 2.5% of the previous year’s revenues for the fund used to finance low-cost rehabilitations and elderly housing.  In 2005 the fund received $17,000,000; the amount fluctuates as the counties revenues fluctuate.

Regulations that may have the effect of limiting affordable housing

  • Some Counties have zoning requiring substantial acreage per dwelling unit in areas without water and sewer, making the production of affordable units in more rural areas very difficult.
  • Thirteen of the twenty-four counties in Maryland have adequate public facilities ordinances that raise the price of buildable land and make the creation of more modest housing for low-income citizens more difficult.
  • Many counties put limits on where mobile homes are allowed, and this is often one of the few remaining types of affordable housing.
  • Impact fees that are not scaled to either size or cost of unit make the production of affordable housing even more costly. 

 

 

TURNING INFORMATION INTO ACTION

 The LWVUS has strong positions on affordable housing that we can use as the basis to increase the League's state and local affordable housing advocacy.

 

ADVOCACY ON THE STATE LEVEL:

 

1.  In July 2006, the Maryland Association of Realtors started a campaign to increase public awareness of the need for more affordable housing.  Should LWVMD explore the possibility of working with them on this campaign?

2. As the value of real estate throughout the state increases dramatically, homeowners face increased real estate taxes.  Renters face rent increases to cover the cost of their landlord's increased real estate taxes.  State legislation exists (referred to as circuit breaker) to limit real estate taxes for select categories of homeowners. legislation in FY 2006 expanded those categories.  Legislation also exists for select renters to limit the impact of real estate taxes on rent increases.  Is publicizing these savings for select low- and moderate-income homeowners and renters a campaign the League should consider?

 

3. In Howard and Montgomery Counties, non-discrimination legislation prohibits discrimination based on source of income.  This allows families using vouchers opportunities to be considered for many more possible rental units.  Should the League consider joining other affordable housing advocates in advocating for state legislation prohibiting discrimination based on source of income?



ADVOCACY ON A LOCAL LEVEL:


Local League positions on affordable housing vary considerably, but state and national positions can be used for local advocacy.

 

  1. Does your County have regulations that have the effect of limiting affordable housing?

 

  1. Local Leagues concerned about how the lowest income workers, and those living on fixed incomes in their communities are housed, might monitor the housing choice voucher program in their County. Information on the program in each County is included in this report.

·       Are the voucher and public housing programs serving those most in need?

·       Has your community established local priorities as to who gets vouchers (i.e. preference  for victims of domestic disputes, for families experiencing homelessness etc)?

·       Does your County use any of its vouchers for a voucher homeownership program?

·       Are voucher holders dispersed throughout the community or segregated in low income or minority communities?

·       Is this scarce resource fully utilized or are there vacancies and under-utilized vouchers?

 

3.       Does your jurisdiction have a dedicated source of revenue for housing, such as a transfer tax or recordation fee?  The annual revenue that they generate increases as the volume of housing production and the cost of housing increase.  If a local League is looking for a local source to recommend for funding local affordable housing initiatives, looking at the revenues generated by these fees over the last four or five years is a good place to begin.  Some Counties (Montgomery County is a great example) dedicate 2.5% of previous years revenue from general funds to affordable housing.

 

4.       Many jurisdictions require the payment of impact fees when new housing is developed.  This fee is to be used to pay for the additional services residents of the home will require from the jurisdiction.  The amount of these fees are added to the cost of the new housing making the production of housing affordable to moderate income families (often referred to as workforce housing) more difficult.  One option, rather than a flat impact fee per unit, is to scale the amount of the impact fee either to the square footage or the price of the unit thereby modest homes for lower income families would require a lower impact fee.  This might be a logical campaign for a local League, whose County has a high impact fee and where there is major residential building occurring, to consider.  

 

5.       Montgomery and Frederick County have inclusionary zoning legislation requiring a portion of any new residential development be affordable to specific income groups in their community.  Advocating for inclusionary zoning would be a major undertaking for a local League, but might be an effort for an affordable housing coalition of which the League is part.

 

6.       Does your jurisdiction have a master/general plan with a housing component?  Local research on recent population growth and projected population growth for each county and information on building permits can be used to explore whether each jurisdiction is providing sufficient opportunity to house all segments of their population.

 

7.       In many jurisdictions, the condition of affordable rental housing is a big concern.  Requiring the registration of all rental units, as Baltimore City does, is a means of being able to identify the owner of problem rental properties.  An annual inspection of rental units is another effective means of addressing substandard conditions in rental housing.  Is this the affordable housing issue your local League should consider working on?

 

8.       Might simple publicity of current housing  prices and their disconnect to median incomes either in local League newsletters or as letters to the editors of local newspapers, be a first step in increasing affordable housing advocacy on a local level?

 

9.       Public information campaigns about the demand for affordable housing and means to increase the supply of affordable housing are often best accomplished by coalitions.  The League resource person has nonprofit group listings in each jurisdiction.  These groups are working to increase the local supply of affordable housing.  Local Leagues could consult them about whether a coalition for affordable housing exists in the jurisdiction or if these groups are interested in working with the League to start one.  For example, Calvert County has an effective coalition in which the Calvert County League has a major role. 

Bibliography

Center for Housing Policy of the National Housing Conference                www.nhc.org/housing/chp

National Low Income Housing Coalition                                                 www.nlihc.org

Maryland Department of Housing and Community Development              www.dhcd.state.md.us

US Department of Housing and Urban Development                               www.hud.gov

Campaign for Affordable Housing                                                          www.tcah.org

National Association of Realtors                                                             www.realtor.org

Minnesota Housing Partnership                                                              www.housingpartnership.org

 

 

LWVMD Affordable Housing Committee

Ruth Crystal, Chair

Sue Buswell

Dinah DeMoss

Carol Filipczak

Jean Israel

Melpi Jeffries

Anne Lee

Chris Madro

Roberta Safer

PJ Widerman

Joyce Woodford