HomeMy WebLinkAbout04-04-2005
IOWA CITY SCATTERED SITE HOUSING TASKFORCE
MEETING AGENDA
4 April 2005
Johnson County Administration Building
913 S. Dubuque Street
1 st Floor Meeting Room
4: 15 p.m.
1. Call to Order
2. Discussion of Draft Recommendations from Taskforce to City Council
3. Adjournment
Please Note the Meeting Location
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Iowa City Scattered Site Housing Taskforce
Recommendations For City Council
18 March 2005
DRAFT ONLY
The Taskforce recommends the followin[! [!eneral policy obiectives:
(1) Iowa City should maintain its commitment to assisted housing and increase opportunities
for affordable housing generally.
(2) Iowa City should adopt a scattered site policy to ensure a fair share distribution of
assisted housing throughout the community without reducing the supply of such housing.
The Taskforce recommends the followin[! specific policy obiectives:
(1) The City should neither encourage nor support additional transitional or emergency
housing within census tract 18. At present, 45 percent of all transitional housing, and 70
percent of all emergency housing, is located within tract 18. The new Shelter House
facility will result in the location of 100 percent of all emergency housing within tract 18.
The City should make land available for emergency and/or transitional housing elsewhere
in the community. (This recommendation is not intended to impact plans for the new
Shelter House facility. The Taskforce recognizes the difficulty to date associated with
finding a location for the new shelter. It also considers this issue to have been resolved
by the City.)
(2) Given the community's substantial- and growing - need for assisted housing and
services, the City should adopt a residency preference for Section 8 vouchers and/or
public housing.
(3) The City should commit resources to encourage future assisted housing to be placed in
underrepresented census block groups identified by the fair share matrix provided with
these recommendations..· This means committing additional funding (i.e. beyond current
expenditures and beyond the CDBG/HOME funding stream from HUD) to providers of
assisted housing to offset. the increased costs of developing housing in such areas.
(4) Ifit commits sufficient resources to scatter assisted housing without causing a rt:(duction
in current rates of supply, the City shóuld not support additional assisted housing in
census block groups identified as significantly overrepresented.
,
(5) The City should encourage affordabÌe housing within the private market. This may
involve changes in zoning and code regulations; permitting smaller lot sizes, row
housing, and the like; and exploring creative approaches to housing and development
policy. .
Page 1 of2
Iowa City Scattered Site Housing Taskforce
Recommendations for City Council
18 March 2005
DRAFT ONLY
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(6) The City should encourage low- and medium-density rental housing (such as duplexes,
town houses and the like) to be developed in currently-underrepresented areas of the
community. At present, almost all rental housing is confined to only 10 of 31 census
block groups. Such a policy would disperse rental housing away from the University of
Iowa student areas and make it easier for families to compete with students for such
housing.
(7) The City should take steps to increase home ownership among its low-income,
population.
(8) The City should ensure that the needs of our assisted housing population are adequately
met by the community's service providers. The City should avoid imbalances between
the level of need and the ability to meet that need through human and social services.
(9) The City should develop an inclusionary zoning policy for new housing developments.
The policy should incent developers, using hold-harmless or other appropriate "carrots,"
to include a percentage of affordable housing in new developments. Density bonuses and
similar approaches should be considered by City planners. An inclusionary zoning policy
holds great promise for affordable housing at minimal cost to taxpayers.
(10) The City should launch a campaign to educate the community about the importance of
affordable housing, the perils of allowing the status quo to continue, and the degree to
which housing and development decisions must involve all segments of the community.
(11) The City should enlist other local municipalities, as well as the county and area school
districts, for purposes of collective action to address affordable housing and services.
The issues of housing and poverty cañnot be solved by the City alone.
(12) The City should expect owners and managers of all rental housing to manage their
facilities adequately. Much public opposition to such housing results from deficient
maintenance and management oftenant populations. As a mere 1,150 of the
approximately 15,000 rental units in Iowa City are assisted, it is important to monitor
even unassisted housing facilities.
(13) In conjunction with its review of the Consolidated Plan (CITYSTEPS), the City should
provide for a yearly review of fair share data so that the matrix provided with these
recommendations is updated as conditions within block groups change. The Taskforce
recommends that City staff and HCDC coordinate this annual task.
(14)' In the event some or all of these recommendations are adopted, the City should conduct a
comprehensive review of any scattered site policies at five-year intervals. The City
should consider a sunset provision to ensure that such policies are closely monitored.
Page 2 of2
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Scattered Site Housing Taskforce
Fair Share Matrix Table
Block
Group
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Tract
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1
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Percent of
City Average
8%
94%
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*Recommendation from the Scattered Site Housing Taskforce
would target public incentives for the development of affordable housing
in Census Track\Block Groups that are "under" represented.
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CITY OF IOWA CITY
MEMORANDUM
DATE:
TO:
FROM:
RE:
03/16/05
MATTHEW J. HAYEK, CHAIR-SCATTERED SIT~USING TASKFORCE
SUSAN DULEK, ASSISTANT CITY ATTORNEY ~
CDBG/HOME FUNDS AND RESIDENCY PREFERENCES
You requested that I address the following specific questions:
Question: Can the City adopt a policy that neither encourages nor supports additional transitional or
emergency housing in Census Track 18? To "encourage" or "support" means to provide HOME and/or
CDBG funding.
Answer: Yes. In analyzing whether this policy is constiutional, it must first be determined whether it
involves a suspect class or a fundamental right. Because it does not, this policy is constitutional if it is
rationally related to a legitimate government interest ("the rational basis test"). . Johnson v. Lewis, 654
N.W.2d 886, 890 (Iowa 2002).
The question then becomes what is the government interest behind this policy. It is my understanding
that the Taskforce's rationale for this policy is to discourage future emergency or transitional housing in
Census Tract 18 because such housing is already highly concentrated within this tract. At present,
almost half of all transitional housing, and some seventy (70) percent of all emergency housing, is
located in Tract 18. Assuming a favorable outcome in the litigation involving the Shelter House, all
emergency housing will be located in Tract 18. In addition, it is my understanding that the Taskforce
believes that the impact on elementary and other schools is significant, as shown by the information
collected and by the testimony of many individuals associated with the district. Indeed, the schools
identified as most troubled draw from Tract 18. I do note that the new homeless shelter is not expected
to impact" neighborhood schools because the district intends to bus those children to other schools.
Based on my understanding of the Taskforce's conclusions, the policy, in my opinion, is rationally
related to the legitimate City interest in not increasing the concentration of emergency and transitional
housing.
Question: Can the City adopt a residency preference for Section 8 vouchers?
Answer: Although 24 C.F.R. 982.207(b)(1) allows for preferences based on residency, but not on "how
long an applicant [for assistance] has resided ... in a residency preference area," such a preference
may not survive a constitutional challenge. The issue is whether the preference unconstitutionally
impacts upon a person's right to travel from one state to another.
In Shapiro v. Thompson, 394 U.S. 618 (1969), the seminal case on this issue, the U.S. Supreme Court
held that a state durational residency requirement for receipt of welfare benefits was unconstitutional.
The Court's primary interest in Shapiro was not the physical ability to move about from one state to
another, but rather the "right to migrate, resetttle, find a new job, and start a new life." Id. at 629. "[T]he
right to travel embraces the citizen's right to be treated equally in her new State of residence...." Saenz
v. Roe, 526 U.S. 489, 505 (1999).
Matthew J. Hayek
3/16/05
Page 2
Without further analysis and further direction from you on the parameters of the preference, I cannot
offer a more definitive answer.
Question: Can the City adopt a residency preference for public housing?
Answer: My answer is the same as above with regard to Section 8 vouchers. The HUD regulation
allowing preferences in public housing can be found at C.F.R. 960.206(b)(1), and it provides the same
prohibition against basing the preference on duration of residency.
If you have any questions or if you would like for me to address additional issues, please do not
hesitate to contact me.
Copy to:
Eleanor M. Dilkes - City Attorney
Steven Nasby - Coordinator, Community and Economic Development
Doug Boothroy - Director, Housing and Inspection Services
Steven Rackis - Housing Administrator