Affirmatively Furthering Fair Housing

1. Affirmatively Furthering Fair Housing What can I do? • Dale Ellen Azaria • General Counsel • Department of Housing and Community Development

2. HUD’sprocess to Affirmatively Further Fair Housing • Conduct an analysis to identify impediments to fair housing choice within the jurisdiction • Take appropriate actions to overcome the effects of any impediments identified through the analysis • Maintain records reflecting the analysis and actions taken in this regard.

3. Analysis of Impediments, 2012 version • The total population in the State of Vermont increased 43.8% between 1970 and 2010. • Population growth throughout the State has been most rapid among non-White and Hispanic residents. • Minority households were more likely than Whites to have annual incomes of less than $25,000. • Persons with disabilities were more than twice as likely to live in poverty as persons without disabilities in 2009.

4. Impediments, Continued • Median housing value increased 42.8% in Vermont while real household income declined 3.1%. • Minimum wage earners and single-wage earning households cannot afford a housing unit renting for the HUD fair market rent in Vermont. • Individuals whose sole source of income is a $726 monthly SSI check cannot afford to rent a zero-bedroom unit in Vermont at the HUD fair market rent of $880. • Regardless of race or ethnicity, households earning the MHI in Vermont cannot afford a home selling at the median sales price of $199,000.

5. Exclusionary Zoning Practices • Large Minimum lot sizes- ex. 10 acres. • Restrictive setbacks, frontage, side yard sizes requirements. • Density restrictions • Exclusion of affordable housing choices • Prohibiting group homes

6. Bylaws cannot exclude: • Housing that meets the needs of low/mod income population (per housing element of the municipal plan; • Mobile homes, modular housing, and pre-fabricated housing; • Mobile home parks;

7. Bylaws cannot exclude (cont.): • Multiunit/multifamily housing • Accessory dwelling units; and • Residential care or group homes • licensed & serving 8 or less people • 24 V.S.A. § 4412

8. Inclusionary zoning must: • Conform to housing element of municipal plan; • Be based on a needs analysis; • Include incentives such as a density bonuses, reductions or waivers of dimensional requirements and permitting fees. • Require income verification of residents, affirmative marketing, and regulation of the price, rent and resale price.

9. “Affordable Housing” is . . . • owned or rented by residents whose incomes do not exceed 80% of the county median income • total cost of housing doesn’t exceed 30% of households gross annual income.

10. “Affordable Housing Development” is . . . • At least 20% of the units or a minimum of 5 units, whichever is greater, are affordable. • Covenants or restrictions must guarantee affordability for a minimum of 15 years.

11. Accessory Apartments • an efficiency or one-bedroom that is clearly subordinate to an owner-occupied single-family dwelling; and • Facilities for independent living and • sufficient wastewater capacity. • does not exceed 30 percent of the total habitable floor area of the single-family dwelling; and • applicable setback, coverage, and parking requirements are met.

12. Accessory Apartments • Bylaws can be less restrictive than the statute • Bylaws may require conditional use review for if: • a new accessory structure, • an increase in the height or floor area of the existing dwelling, or • an increase in the dimensions of the parking areas.

13. Video! • Planning Tools . . . Gives you some more context for many of these rules

14. Ways Municipalities can AFFH • Assess needs and impediments • Review income, population, housing cost, and home sales data • Analyze mix of housing units • Assess local population with accessibility or special needs • Research number of housing discrimination complaints

15. Ways Municipalities can AFFH • Remove Barriers to Fair Housing • Review land use regulations for impediments • Review municipal plan language and remove any statements that conflict with fair housing

16. Ways Municipalities can AFFH • Review requirements for minimum lot sizes • Review minimum densities and setbacks • Allow for planned unit developments • Review language that may discriminate against multi-family units, mobile homes and mobile home parks • Include language that allows accessory apartments

17. Ways Municipalities can AFFH • Include language consistent with state law concerning group homes • Explore language that allows reasonable accommodations in rules, policies or practices to afford equal opportunity for all persons to use and enjoy a dwelling.

18. Ways Municipalities can AFFH • Enact inclusionary provisions • Allow density bonuses for affordable units • Provide permit fee waivers and/or expedited permit review processes for developments providing affordable units

19. What can you do to AFFH? • Tomorrow • Next Month • Next Year

20. Any Questions? • Thank you for your time and attention, and thank you for bringing these issues back to your community!