Housing News Network, Summer 2023

NEWS NETWORK

LEGISLATIVE ROUNDUP

Florida Legislative Session results in new affordable housing programs

LIVE LOCAL ACT

Florida debuts new Land Use Tool for affordable housing

UNSHELTERED HOMELESSNESS

Together we can solve Unsheltered Homelessness in Florida

PUBLICLY OWNED LANDS

Identifying Publicly Owned Lands for Affordable Housing

Executive Committee

Suzanne Cabrera, Chair Housing Leadership Council of Palm Beach County, Inc.

Robert Von, Vice Chair

Meridian Appraisal Group, Inc.

Ben Johnson, Treasurer Seltzer Management Group, Inc.

Leroy Moore, Secretary Tampa Housing Authority

Ed Busansky, At Large First Housing Development Corporation

Mark Hendrickson, At Large

The Hendrickson Company

Jeff Kiss, At Large

Banyan Development Group

Melvin Philpot, At Large

Duke Energy

George Romagnoli, At Large Neighborhood Lending Partners

Gladys Cook, At Large

Board Of Directors

Stephen Bender University of Florida

Marilyn Drayton Wells Fargo

Charles Elsesser Community Justice Project

Armando Fana City of West Palm Beach

Bradford Goar Florida Power and Light

David Hall Florida Realtors

Kathy Hazelwood Synovus

Cheryl Howell Hillsborough County

Jack Humburg

Boley Centers, Inc.

Aileen Pruitt

PNC Bank

Anne Ray Shimberg Center for Housing Studies

Mike Rogers Southern Advocacy Group

Manny Sarria Miami-Dade County Homeless Trust

Carmen D. Smith

Chipola Area Habitat for Humanity Advisory Council

Bob Ansley

Orlando Neighborhood Improvement Corporation

Stephanie Berman

Carrfour Supportive Housing

Helen Hough Feinberg

RBC Capital Markets

Debra Koehler

Sage Partners

Esther Marshall

Fifth Third Bank

Tammy Paycer

Truist

Christine Ruiz Bank of America

Thais Sullivan

MESSAGE FROM THE CEO

ASHON NESBITT

As we enter the second half of 2023, we find ourselves navigating seas and landscapes that look familiar and new at the same time. Our state is experiencing a population boom. This is nothing new as our state has always thrived on population growth primarily from in-migration from other states. However, this current wave of growth is different from past ones.

Instead of retirees looking to enjoy the sunset, this current boom involves corporations and workers, bringing their industry, higher incomes, and assets with them. This population influx adds a new dimension and new set of competitors for existing residents already experiencing difficulty competing in the home purchase market and expanded housing cost burden from skyrocketing rents. High housing costs are also contributing to local inflation. Indeed, our nation is dealing with inflation, affecting the cost of everything. The number of existing homes for sale, the go-to for many first-time home-buyers, remains low as high costs and rising interest rates have many existing homeowners choosing to stay put rather than sell. Higher interest rates, rising insurance, and other costs have also slowed down multifamily rental development, at least temporarily. Still, with tightening inventories, we know we need more housing production.

Enter the Live Local Act. Described as the most historic housing legislation since the passage of the William A. Sadowski Act of 1992, the Live Local Act, which went into effect on July 1st, brings record funding and a host of land use and property tax incentives for local governments and developers to accelerate the production of housing that is affordable for our state’s workforce and vulnerable populations. This Act is timely when we have seen literal homelessness increase for the first time in many years, and housing instability and risk of homelessness affecting

low-wage earners and seniors on fixed incomes at higher rates than years past. In addition to the funding is the potential of the Live Local Act to attract and perhaps permanently expand the number and type of businesses involved in the development of affordable housing. A property tax exemption for new developments that do not receive funding from Florida Housing Finance Corporation is a clear indication of this. The prospect of new players is both exciting and unnerving as local governments brace for increased responsibilities, and nonprofits prepare to adjust business practices and form new partnerships as once-overlooked properties become prime opportunities.

Though we are passing over the threshold of significant change, we must carry some things with us. Permanent and long-term affordability must remain a key policy response, as preserving what we produce is just as important as new production. Embracing a mindset that establishes affordable housing as a permanent community asset will change how we approach development from site selection through financing and construction, and prioritizing housing in recovery from disasters. Also, housing development can support many goals, including building up small and minority-owned businesses, stabilizing communities through increased homeownership and affordability, and serving as a foundation for long-term and sustainable community redevelopment.

I look forward to what the future holds as we, the staff of the Coalition, move into implementing the Live Local Act – the focus of our 2023 Annual Conference – and we come alongside you, our members and partners, to strengthen Florida’s housing ecosystem and achieve positive results for residents of our state.

LEGISLATIVE ROUNDUP

KODY GLAZER, CHIEF LEGAL AND POLICY OFFICER

The 2023 Florida Legislative Session was a big one for affordable housing. While the Live Local Act was at the fore of most of the housing industry’s minds, several other bills affected low-income Floridians. This article summarizes some of the housing-related bills signed into law from the 2023 Legislative Session.

The Florida Housing Coalition’s main legislative priority is to ensure that all funds collected in our state’s Sadowski Housing Trust Funds are utilized for affordable housing purposes, particularly for the SHIP and SAIL programs. This Session brought tremendous victories on the affordable housing funding front.

The Legislature not only appropriated all the money in the Sadowski Trust Funds for SHIP and SAIL for the third straight year but committed an extra $150 million per year for 10 years for SAIL with targeted uses and greater flexibilities than regular SAIL dollars and created a new Live Local Tax Donation Program to further fund the SAIL program. We look forward to seeing all the positive impacts these state dollars provide and to the Legislature continuing its commitment to funding affordable housing in Florida in the 2023-24 Legislative Session.

SB 102 - LIVE LOCAL ACT

This wide-ranging piece of legislation contained a variety of policies aimed at building more housing that is affordable in Florida. Here are some of the policies contained in the Act.

FUNDING

The Act provided up to $811 million for affordable housing programs, including $511 million for SHIP and SAIL – fully funding the core Sadowski Trust Fund programs. Below is a breakdown of the funding allocated in the Live Local Act compared to the two prior state fiscal years. These numbers do not include the housing funding contained in the final budget, which brought total housing funding to over $1 billion.

The Act also redirects $150 million per year for 10 years to SAIL to be used on defined projects, creates a new Live Local Corporate Tax Donation program, codifies the Hometown Heroes program in state law, increases the Community Contribution Tax Credit Program, and expands the Job Growth Grant Fund to include affordable housing-related infrastructure expenses.

ZONING, LAND USE, AND THE ROLE OF LOCAL GOVERNMENTS

The Act contained two major land use provisions for affordable housing and encouraged local governments to adopt “innovative solutions” to address the housing crisis. First, the Act creates two new subsections of Florida law (s. 125.01055(7) & s. 166.04151(7)) to facilitate affordable housing development on parcels zoned for commercial, industrial, or mixed-uses as long as at least 40% of the development is set aside as affordable housing to households up to 120% AMI. Second, the Act amends an existing land use tool at s. 125.01055(6) & s. 166.04151(6) to remove its applicability to residential parcels and the prohibition on using the tool for SAIL-funded projects.

In addition to the two land use tools in chapters 125 and 166 of the Florida Statutes for counties and cities, respectively, the Act also amends the state’s “surplus land” laws to create more transparency and accountability when utilizing publicly owned land for affordable housing. The Act now requires local governments to post their affordable housing land inventory lists online pursuant to s. 125.379 and s. 166.0451, encourages best practices when using public land for long-term affordable

housing, and extends the affordable housing land inventory requirement to all dependent special districts.

The Act also prohibits local government from enacting rent stabilization measures, requires cities and counties to post expedited permitting procedures online, and encourages jurisdictions to adopt a variety of best practices pertaining to affordable housing policy.

TAX EXEMPTIONS

The Act contained three new property tax exemptions for affordable housing. They are as follows:

1. Nonprofit land exemption (new s. 196.1978(1)(b)) – provides property tax exemption to land owned by a nonprofit organization and leased for a minimum of 99 years to predominately provide affordable housing to households at or below 120% AMI.

2. Missing middle exemption (new s. 196.1978(c)) – provides property tax exemptions to developments with 71 or more affordable units to households at or below 120% AMI.

3. Local option property tax exemption (new s. 196.1979) – authorizes local governments to adopt a property tax exemption for developments that are at least 50 units and set aside at least 20% of its units as affordable housing to households at or below 60% AMI.

The Act also contained a sales tax refund for building materials for eligible affordable housing developments.

OTHER POLICIES IN LIVE LOCAL

The Act also addressed policies pertaining to the Florida Housing Finance Corporation, the Catalyst Program, the State’s Housing Strategy, and other reforms.

HB 133 – FEES IN LIEU OF SECURITY DEPOSITS

This bill authorizes landlords to give tenants the option to pay a monthly fee in-lieu of a security deposit. Of great importance is that the fee is non-refundable and would not act as a security deposit; the tenant would still be liable for damages beyond normal wear and tear. There is also no cap on the amount of a monthly fee that can be charged. Education will need to be done to ensure that tenants understand what they are signing up for if offered a fee in-lieu of a security deposit. This option, if offered, may eliminate the barrier of an unaffordable security deposit at the beginning but would lock a tenant into a higher, nonrefundable monthly payment for the duration of the lease with the possibility of owing additional amounts at the end of the lease term.

HB 1417 – RESIDENTIAL TENANCIES

In light of the COVID-19 pandemic, communities across the state passed a variety of local tenant protections, such as increased notice provisions for month-to-month tenancies and increased notice for rental increases, among other local reforms. This bill would strike down a number of local tenant protections and preempts to the state the regulation of residential tenancies. HB 1417 effectively prohibits local governments from enacting ordinances governing notice requirements for residential tenancies, the screening process for approving tenancies, fees, terms and conditions of rental agreements, disclosures concerning the premises, security deposits, and other elements of the landlordtenant relationship. The bill also increases the notice period for terminating a month-to-month tenancy from 15 to 30 days.

SB 250 – NATURAL EMERGENCIES

This bill covers a variety of disaster-related reforms in light of Hurricanes Ian and Nicole. The bill enacts statewide standards for approving

temporary residential structures for 36 months following a natural emergency, allows “registered contractors” to work in areas covered by a state of emergency regardless of if they are registered locally, restricts local governments within 100 miles of where Hurricanes Ian and Nicole made landfall from adopting more restricting land development regulations before October 2024, and other resilience-related reforms.

HB 881 – MY SAFE FLORIDA HOME PROGRAM

This bill amends the My Safe Florida Home Program statute – a program that funds home mitigation inspections and mitigation grants for homesteaded properties. The bill removes a requirement that mitigation grants only be provided in a “wind-born debris region,” increases the grant amount for low-income homeowners to $10,000 from $5,000, and funds the program at $100 million.

SB 678 – DISPOSAL OF PROPERTY

This bill authorizes the Florida Department of Transportation (FDOT) to convey land not needed for transportation facilities to other governmental entities without consideration for affordable housing purposes. This bill could result in more land owned by FDOT being used for affordable housing.

OTHER BILLS OF INTEREST

HB 111 – Flooding and Sea Level Rise Vulnerability Studies, which revises purposes for which EP may provide grants under the Resilient Florida Grant Program to counties, municipalities, and water management districts.

SB 154 – Condominium and Cooperative Associations is legislation that revises the milestone inspection requirements for condominium and cooperative buildings.

WHAT’S NEXT?

The 2023-24 Legislative Session is right around the corner; committee weeks for the 2023-24 Legislative Session begin in October 2023, and the Regular Session begins in January 2024. The Florida Housing Coalition will continue to work with the Sadowski Coalition to ensure that the Legislature fully funds the Sadowski Trust Fund programs and provides additional affordable housing resources with General Revenue.

During our 2023 Conference in August, we will hold a special Public Policy Forum answering all your questions on the newly passed SB 102 (the Live Local Act). This open forum will feature a panel of experts who will discuss future advocacy and answer your questions regarding the act.

KODY GLAZER is the Chief Legal and Policy Officer of the Florida Housing Coalition. Kody is an expert on inclusionary housing policies, community land trusts, fair housing, land use, and the law as it relates to housing.

THE LIVE LOCAL ACT’S NEW LAND USE TOOL FOR AFFORDABLE HOUSING

The Live Local Act (the “Act” or “SB 102”) was a 96-page bill that contained a variety of affordable housing policies, from funding and tax incentives to land use and publicly owned land strategies. One of the most discussed aspects of the Act is the land use preemptions for eligible affordable housing developments in commercial, industrial, and mixed-use areas. This new tool has the potential to expedite much-needed affordable rental housing development while accomplishing local planning goals such as redevelopment of underutilized properties, encouraging economically sustainable development through mixed-use and mixed-income, and reducing auto-dependence through transitoriented development.

This provision of the Act, referred to hereinafter as subsection (7), sunsets in 2033. Local governments and developers only have ten years to utilize this tool unless the Legislature renews it. Let’s break down 1) what affordable housing developments are eligible;

2) what eligible developments are entitled to;

3) other planning criteria in subsection (7); and 4) local policy considerations and what local governments can do now.

KODY GLAZER, CHIEF LEGAL AND POLICY OFFICER ALI ANKUDOWICH, TECHNICAL ADVISOR

WHAT AFFORDABLE HOUSING DEVELOPMENTS ARE ELIGIBLE FOR SB 102 LAND USE APPROVAL?

Only multifamily and mixed-use rental residential developments are eligible for the favorable land use standards in subsection (7) – singlefamily and homeownership developments are not eligible for SB 102 land use approval. To be eligible, developments must:

1. Be in an area zoned for commercial, industrial, or mixed-use;

2. Devote at least 40% of its residential units as affordable housing to households earning at or below 120% of the Area Median Income (the 40% rule); and

3. If the development is a mixed-use residential project, set at least 65 percent of the total square footage for residential purposes.

WHAT DEVELOPMENT STANDARDS ARE ELIGIBLE DEVELOPMENTS ENTITLED TO?

In exchange for a substantial percentage of affordable units, eligible developments are entitled to favorable development standards regarding use, density, height, and in certain circumstances, administrative approval, even if those standards exceed what may be allowed on a property based on a jurisdiction’s current regulations.

There is also language requiring local governments to consider reducing parking requirements for eligible developments. Subsection (7)(a) states that a local government cannot require a “zoning or land use change, special exemption, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities” offered through the Live Local land use preemption.

1. Use: eligible developments are entitled to their proposed multifamily or mixed-use residential use in commercial, industrial, and mixed-use districts regardless of if the property’s current zoning regulations allow for residential uses. For example, consider a proposed project in a jurisdiction’s general commercial district where the regulations do not allow for residential uses. If the proposal satisfies the 40% rule and residential square footage requirements in subsection (7), it would have the right to its proposed residential use in a zoning district that would not otherwise allow for residential uses1

2. Density: in addition to the use, subsection (7) entitles eligible developments to the “highest allowed density on any land [in the jurisdiction] where residential development is allowed.” At the time of this writing, the text of subsection (7) does not specify whether “highest allowed density” refers to by-right densities or whether it includes bonus densities (another common tool used to encourage affordable housing development). Further, the text does not expressly eliminate the application of “intensity” regulations such as Floor Area Ratio (FAR) maximums. Local government and developer attorneys will need to interpret these nuances for themselves in the spirit of facilitating affordable housing development. To illustrate how this provision could work, suppose the highest density allowance anywhere in a jurisdiction is 30 units/acre. In this case, an

1. Note that at subsection (7)(f), there is language that limits the use of the tool for multifamily-only rental developments in commercial and industrial districts for certain local governments. Cities, for example, that have less than 20 percent of their total land area zoned for commercial and industrial uses can only use subsection (7) for mixed-use developments in commercial and industrial zones. Consult your planning department to analyze whether subsection (7)(f) applies to your jurisdiction.

WHERE TO FIND THESE PROVISIONS IN THE LAW

Although the language for cities and counties is almost identical, Section 3 of the Act applies to counties, whereas Section 5 applies to municipalities. These sections create two new subsections of Florida law for counties and municipalities, respectively – s. 125.01055(7) and s. 166.04151(7). Affordable housing professionals may recognize these sections of Florida law as they are titled “Affordable housing” and contain the state’s inclusionary zoning law, the state’s authorization for linkage fees, and the House Bill 1339 land use tool. This article refers to this new land use tool in the Live Local Act as “subsection (7)” and “SB 102” interchangeably.

Subsection (7) was enacted in the Live Local Act to facilitate affordable housing development on parcels zoned for commercial, industrial, or mixeduses. Eligible developments can use this new subsection to receive certain state-mandated use, density, height, and administrative approval standards, even if those development standards conflict with the local jurisdiction’s regulations.

eligible project is entitled to build up to 30 units/acre. SB 102 does not allow developments to exceed this maximum density – it simply allows an eligible development to build up to the highest density allowed in the jurisdiction.

3. Height: along with use and maximum density, subsection (7) entitles eligible development to the “highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.” This means that if within 1 mile of a proposed development, the highest currently allowed height for a commercial or residential structure is 10 stories, an eligible development would be allowed to build up to 10 stories. Though this provides great flexibility, the realities of costs associated with taller residential structures and other regulations will likely have a limiting effect on the heights of proposals.

4. Administrative Approval: aside from use, density, and height, if a proposed development meets subsection (7)’s eligibility requirements, “satisfies the [jurisdiction’s] land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan” it must be approved administratively. This provision expedites an eligible proposal’s construction by alleviating the requirement for a public hearing. At the time of this writing, it is unclear which multifamily regulations to use for proposed developments under SB 102, especially if a jurisdiction has multiple multifamily zoning districts. Here again, in the spirit of facilitating affordable housing development, this will require local government and development attorneys to negotiate on which development standards to use for a project to receive administrative approval.

5. Reduced parking: subsection (7) (e) requires local governments to “ consider reducing parking requirements for a proposed development” that utilizes the SB 102 land use preemption “if the development is located within one-half mile of a major transit stop, as defined in the [city or county’s] land development code, and the major transit stop is accessible from the development.” Note that this language does not require reduced parking near transit stops – it only requires local government to consider reducing parking. We encourage local governments to take this consideration seriously and reduce parking requirements where feasible to increase the viability of SB 102 projects. Also note that a “major transit stop” is defined by the city or county itself.

WHAT LIMITATIONS OR OTHER PLANNING CRITERIA SHOULD BE CONSIDERED?

While the Act prescribes certain standards regarding use, density, height, and administrative approval for affordable housing in commercial, industrial, and mixed-use areas, the Act is clear that all other “state and local laws and regulations” that govern development still apply. That means regulations regarding setbacks, parking, open space, environmental considerations, and other provisions that shape what can be built on a parcel may still apply to eligible developments.

Such regulations may indirectly lower the density and height allowed under the Live Local Act. We strongly encourage local governments to facilitate the use of the tool in good faith to build more affordable homes rather than stifle its potential impact.

HOW THE HOUSING INDUSTRY CAN CAPITALIZE ON SB 102’S LAND USE TOOL

At the time of this writing, actors throughout the housing ecosystem in Florida are navigating what these new land use standards mean for affordable housing development. Here are some ideas for capitalizing on this new land use tool to facilitate walkable, affordable adaptive reuse projects and expedite affordable housing development.

ANALYZE HOW MUCH LAND IS ELIGIBLE FOR THIS NEW TOOL

The SB 102 land use tool only applies to parcels zoned for commercial, industrial, or mixeduse – it does not affect land currently zoned for residential or other uses. The first step the affordable housing ecosystem can take to capitalize on this opportunity is to analyze how much land is eligible for its benefits. By visualizing the amount of local land eligible for the tool, policymakers and the community at large can get an initial understanding of how SB 102 may affect local development patterns. The image below shows a sample of what this local analysis could look like with the eligible parcels colored in.

CONDUCT A SITE-LEVEL ANALYSIS TO DETERMINE WHICH ELIGIBLE PARCELS ARE PRIMED TO CAPITALIZE ON SB 102 APPROVAL

Although SB 102 applies to all commercial, industrial, and mixed-use areas, not every parcel zoned in that manner will seek and receive SB 102 project approval. Certain parcels may be more primed than others to utilize the tool. For example, an owner of a vacant and underutilized retail property centrally located along a major transit corridor may be more likely to apply for SB 102 approval than an owner of vacant industrialzoned property lacking infrastructure and not close to other amenities. Policymakers, local advocates, and affordable housing developers can add an additional layer to the analysis proffered above and highlight the most prime parcels for SB 102 to visualize potential impacts.

GUIDE AND FACILITATE AFFORDABLE HOUSING DEVELOPMENT WITH SB 102

The Live Local land use tool poses a tremendous opportunity to revisit and reinvigorate local policies to increase the supply of affordable housing, particularly policies aimed at facilitating adaptive reuse, urban infill, and mixed-use developments that promote walkability. This tool can be a catalyst to address regulatory reform for housing at large through topics such as by-right multifamily allowances, amending setback requirements, parking, development fees, minimum lot sizes, development approval times, and other local land use standards that impact affordable housing development.

Local governments can also consider proactively incorporating SB 102 provisions in their local land development regulations to help clarify local implementation. Even more, there are innovative possibilities to utilize 2020’s House Bill 1339 land use approval (s. 125.01055(6)/s.166.04151(6) to guide growth towards certain areas more primed for housing development.

WE ARE HERE TO HELP

SB 102 provides an opportunity for communities to meet their affordable housing needs without having to spend the time and resources to rezoning parcels for housing; the SB 102 tool can become integrated into local community planning efforts.

Contact Kody Glazer at glazer@flhousing.org to schedule a time to discuss how the Live Local Act’s land use tool can work for you.

KODY GLAZER is the Chief Legal and Policy Officer of the Florida Housing Coalition. Kody is an expert on inclusionary housing policies, community land trusts, fair housing, land use, and the law as it relates to housing.

ALI ANKUDOWICH is a Technical Advisor for the Florida Housing Coalition, specializing in community planning and design within the affordable housing arena. Her experience includes research, policy analysis, community outreach, comprehensive plans, land development code, and engaging with the public and private sectors.

For more information on the Live Local Act, join us for “Live Local: The Planners Perspective” at the 2023 Affordable Housing Conference.

This interactive workshop will focus on the Act’s new land use tool for developments that set aside at least 40% of its housing as affordable in commercial, industrial, and mixed-use areas. Attendees will learn about and have the chance to discuss in break-out groups Live Local Act’s implications for local land use planning, how communities can make the most of the Act to drive housing production, and what comes next for state and local affordable housing land use policy.

LIVE LOCAL WORKSHOPS

CHECK OUT THESE LIVE LOCAL ACT FOCUSED SESSIONS THAT ARE PART OF THE FLORIDA HOUSING COALITION’S 2023 AFFORDABLE HOUSING CONFERENCE, AUGUST 28-30!

FLORIDA HOUSING FINANCE CORPORATION & LIVE LOCAL

In this workshop, Florida Housing staff will provide the latest information on how these programs on other aspects of Florida Housing’s expanded role will be operationalized.

LIVE LOCAL: AFFORDABILITY NEAR TRANSIT

This session will provide insights from recent transit corridor and transit-oriented development efforts around the state incorporating affordable and missing middle housing.

LIVE LOCAL: THE PLANNERS PERSPECTIVE

This interactive workshop will focus on the Act’s new land use tool for developments that set aside at least 40% of its housing as affordable in commercial, industrial, and mixed-use areas.

LIVE LOCAL: INCENTIVIZING PROPERTY OWNERS

This workshop will focus on how the Act’s suite of property tax incentives, land use tools, and other strategies can lead to more housing production.

IDENTIFYING PUBLICLY OWNED LANDS FOR

AFFORDABLE HOUSING

How to identify publicly owned parcels that are “appropriate” for affordable housing per s 125.379 and 166.0451

KODY GLAZER, CHIEF LEGAL AND POLICY OFFICER

Florida law at s. 125.379 and s. 166.0451 of the Florida Statutes requires counties and municipalities to identify parcels they (and their dependent special districts) own in fee simple that are “appropriate for use as affordable housing.”

Parcels identified as “appropriate” for affordable housing must be placed on a local affordable housing inventory list and adopted by the city or county commission via a resolution. The adopted inventory must then be made publicly available on the local government’s website to encourage potential development.

Parcels placed on the affordable housing inventory list may be used for affordable housing purposes, although a parcel does not need to be placed on the inventory list before using it for affordable housing. The purpose of these statutes is to increase accountability, transparency, and the number of publicly owned parcels used to address local affordable housing needs.

DEFINING “APPROPRIATE” FOR AFFORDABLE HOUSING

Florida law does not define what it means for a parcel to be “appropriate” for use as affordable housing. Therefore, it is up to each local

government to define what is “appropriate” in the context of their land inventory and local housing needs. The Florida Housing Coalition strongly recommends that local governments act in the spirit of these statutes to put as many buildable, publicly owned lots into use as affordable housing as possible. If a parcel is appropriate for market-rate housing, it is appropriate for affordable housing. We also recommend that if a publicly owned parcel is not used to build affordable housing, a portion or all of the sale proceeds be placed in a local affordable housing trust fund.

RECOMMENDED CRITERIA FOR IDENTIFYING PARCELS

It is best practice that as many parcels as possible that can be developed for residential purposes be placed on the affordable housing inventory list. Here are some additional criteria to consider when identifying publicly owned land that is appropriate for affordable housing:

1. Site characteristics. Parcels may be shaped in such a way that makes residential development infeasible. Criteria that identify buildable parcels can look at elements such as square footage, lot width, and other lot characteristics. The zoning and land use regulations of a site

can be a consideration, but should not be weighed heavily as the land development regulations can be amended by the local government to facilitate development.

2. Availability of existing infrastructure. Criteria can include a parcel’s proximity to existing infrastructure such as central sewer, electricity, and water.

3. Proximity to jobs, transit, and other amenities. Criteria can include a parcel’s proximity to schools, parks, employment centers, and other features that improve quality of life for the residents of housing on publicly owned land. In particular, criteria that consider walkability, bikeability, and public transit access reduce the potential for congestion on local roads. A quartermile to three-mile radius typically represents the “walkshed” or “bikeshed” of an area, according to U.S. Federal Highway Administration guidance.

4. Environmental considerations. Parcels may be at high-risk of flooding, close to environmentally sensitive features such as wetlands, springs, or sinkholes, or have other environmental sensitivities

such as being adjacent to heavy industrial zones or toxic activities. Criteria that consider proximity to environmental sensitivities can ensure that affordable housing is placed in areas where it can be resilient and habitable for decades to come.

UTILIZING PUBLIC PARCELS FOR AFFORDABLE HOUSING

Parcels that are placed on the affordable housing inventory list can be utilized for on-site affordable housing development either through sale or donation to local developers. If not used for affordable housing development, the sale proceeds can be placed in an affordable housing trust fund. For more information on best practices for leveraging publicly owned land for housing, contact Kody Glazer, Legal & Policy Director, at glazer@flhousing.org.

KODY GLAZER is the Chief Legal and Policy Officer of the Florida Housing Coalition. Kody is an expert on inclusionary housing policies, community land trusts, fair housing, land use, and the law as it relates to housing.

36TH ANNUAL STATEWIDE AFFORDABLE HOUSING CONFERENCE

The much-anticipated Florida Housing Coalition’s Annual Statewide Affordable Housing Conference is just around the corner, set to take place from August 28 to 30, 2023, at the Rosen Centre Resort and Conference Center in Orlando.

Continuing its commitment to the overarching theme of “Home Matters,” this year’s conference will delve into critical issues surrounding affordable housing. The spotlight will be on The Live Local Act and its potential impact on workforce housing and public land use. Additionally, experts will address various affordable housing challenges, such as ending homelessness, resiliency and disaster recovery, senior housing issues, housing finance and tax credits, and innovations in housing production.

The event promises to be insightful, with an impressive lineup of keynote speakers and presenters. Headlining the opening keynote on Monday is renowned housing activist, Majora Carter, whose contributions to the field are wellknown. Joining the lineup is Margaret Huang, CEO of the Southern Poverty Law Center, who is set to deliver Tuesday’s keynote address that will surely captivate attendees. The State of the State address will be presented by the Florida Housing Finance Corporation.

Apart from these distinguished speakers, the conference boasts over 50 additional experts in the affordable housing arena, ready to share their insights and knowledge through more than 40 education sessions, forums, and caucuses. Participants can look forward to engaging

discussions on the Live Local Act, housing finance programs, disaster resiliency, workforce housing, and senior housing, among other pressing topics.

One of the exciting new additions to this year’s event is the Construction and Design Forum, a collaborative effort with the Florida Manufactured Homes Association. This initiative aims to demonstrate affordable housing construction methods and techniques, offering valuable insights into this vital aspect of the housing industry.

Last year’s conference drew over 1,000 participants and this year, The Coalition expects more than 1,200 attendees, making it an ideal opportunity for networking and collaboration with like-minded professionals, policymakers, and advocates in the affordable housing sector.

As the conference approaches, anticipation builds for the engaging sessions, workshops, and networking opportunities that await participants. The opening night reception will kick-start the event in style, setting the tone for meaningful conversations and fruitful partnerships throughout the conference.

The Florida Housing Coalition’s Annual Statewide Affordable Housing Conference 2023 promises to be a landmark event, offering a platform to discuss pressing issues, explore innovative solutions, and work towards a future where affordable housing is accessible to all.

Majora Carter, American urban revitalization strategist, public radio host, and author of the award-winning “Reclaiming Your Community: You Don’t Have to Move Out of Your Neighborhood to Live in a Better One” will deliver the opening inspirational keynote address.

TOGETHER WE CAN SOLVE UNSHELTERED HOMELESSNESS IN FLORIDA

AMANDA WANDER, DIRECTOR OF ENDING HOMELESSNESS TIFFANY ADAMS, TECHNICAL ADVISOR

Every January, Homelessness Continuums of Care (CoCs) work with community partners and other local volunteers to conduct a census of those experiencing literal homelessness in their communities, known as the Point in Time (PIT) count.

This data collection project allows a community to understand the basic demographics of their homeless population living on the streets, in cars, in shelters, and in temporary transitional housing programs. Additionally, it allows them to track trends year to year. Following the Count, CoCs submit the aggregated data to HUD for use at the state, federal, and local levels to help plan for more comprehensive housing crisis response systems.

The data is in from all 27 CoCs in Florida. Unfortunately, it shows an increase in homelessness overall. Anecdotally, communities felt this would be the case, and the proof is in the numbers. In 2022, CoCs reported 25,959 people experiencing literal homelessness in Florida on a given night in January, meaning they were living in a place not meant for human habitation (including outdoors or in their car), emergency shelters, transitional housing, and motels paid for by a government or charitable organization.

The 2023 PIT Count demonstrated a 2.8% increase, with 30,809 individuals experiencing literal homelessness. Of particular concern

to most communities is an increase in visible homelessness, also known as unsheltered homelessness, meaning these community members are sleeping on the streets, in encampments, and in their cars rather than in a shelter, transitional program, or permanent housing of their own.

On that night, half of all people experiencing homelessness were unsheltered. For comparison, in 2018, 43% of all people experiencing homelessness were unsheltered. Additionally, the number of people experiencing unsheltered homelessness increased by nearly 20% since 2020 (PIT Count data can be found at https://www.hudexchange.info/programs/coc/ coc-homeless-populations-and-subpopulationsreports).

Since 2020, Florida has seen enormous increased rental rates, increased evictions, and reduced shelter capacity impacting communities’ ability to respond to unsheltered homelessness. Florida has also seen an influx of new residents to Florida, driving up the competition for housing.

The Coalition has worked with various communities to address their unsheltered residents’ needs. Experience teaches that a multi-pronged approach and array of solutions are critical to meet short- and long-term needs. We encourage communities to address service and housing needs by bringing together diverse

Unsheltered Homeless for the Period 2018-2023

*In 2021, CoCs could forego an unsheltered count due to the severity of the pandemic and inadequate resources to conduct a full unsheltered count. The data shown in the above graph is from CoC preliminary PIT data reported to HUD. HUD will then verify and publish the final 2023 PIT data later in the year, so this data is subject to change.

partners and developing a comprehensive housing crisis response system consisting of the following components.

Equally important to developing a system with these components, each investment in a component must be right-sized to create a system that effectively decreases unsheltered homelessness. For example, investing in street outreach alone will only be effective if permanent supportive housing options are available. Similarly, shelters and transitional housing become ineffective in their purpose as temporary solutions if a community needs more adequate, affordable housing options.

Many communities have invested in various solutions to unsheltered homelessness, such as increasing the capacity of congregate and non-congregate emergency shelters, expanding rental assistance programs like rapid rehousing and emergency rental assistance, increasing street outreach programming, and most importantly, investing in permanently affordable housing options.

1. Outreach and Coordinated Entry

2. Emergency Shelter and Short-Term Crisis Housing

3. Rapid Rehousing and Rental Subsidies

4. Long-term Tenant Based Rental Assistance Vouchers

5. Permanent Supportive Housing

6. Robust Affordable Housing Options for Extremely Low-Income and Very Low-Income households

Knowing how much to invest in specific services, subsidies, programming, and unit production seems complex, which is true. Still, communities have more data than ever to help support the decision-making and planning process. There are two key data sets that CoCs manage that help determine exactly what people need to solve their episode of homelessness; 1. Coordinated Entry Assessment Data, and 2. Gaps and Needs Assessment Data.

COORDINATED ENTRY ASSESSMENT DATA

CoCs help ensure a unified process is in place to assess and triage people for homeless services and housing programs through their local Coordinated Entry System. This process includes a standardized assessment to determine a household’s strengths, challenges, and vulnerabilities in securing and maintaining housing stability. People experiencing unsheltered homelessness often present with several of these strengths, challenges, and vulnerabilities, including vulnerability to an early death. By collecting these standardized assessments, most CoCs can tell you exactly who is experiencing homelessness on any given day and what assistance they need to secure or maintain housing stability.

GAPS AND NEEDS ASSESSMENT DATA

In addition to managing the Coordinated Entry system, CoCs are responsible for conducting a Needs and Gaps Analysis for the housing crisis response system annually. This includes analysis of Coordinated Entry and providers’ program data in combination with robust feedback from stakeholders and service providers and must include people’s lived experiences. It is important to note that people with lived experiences of homelessness are not a monolithic group, and it is important to ensure that the perspectives of a diverse range of individuals are represented and heard. Additionally, it is important to ensure that people with lived experience are given the necessary resources and support to participate in decision-making processes.

CoCs can use this data collection and analysis to deploy effective strategies, such as:

1. Sufficiently investing in affordable housing production, especially for lower income households

2. Implementing effective local policies and ordinances that promote well-being and do no harm

3. Employing a coordinated community approach informed by best practices

4. Utilizing data to determine the most impactful investments

WHAT CAN BE DONE?

Through partnerships built between local governments, service providers, funders, and the CoC, unified solutions to unsheltered homelessness can be reached, and there must be a shared vision among the community and partners about the path forward. There must be a clear, actionable plan with built-in metrics for accountability to advance solutions.

The sight of homelessness is not a measure of a person’s worth or ability to make good decisions but rather a measure of how effective we are as a community and society in meeting the needs of the most vulnerable residents in our cities and towns.

AMANDA WANDER is the Director of Ending Homelessness for the Florida Housing Coalition. She previously served as the Executive Director at the Big Bend Continuum of Care where she oversaw the homelessness and housing system of care for eight counties in Florida.

TIFFANY ADAMS is a Technical Advisor for the Florida Housing Coalition. She previously served at the CoC Lead Agency, Changing Homelessness, as the Direct Client Services Team Lead in the Duval, Clay, and Nassau counties ESG-CV implementation.

CONFERENCE FORUMS

HEAR FROM EXPERTS AND GET INVOLVED WITH THESE AMAZING FORUMS AT THE 2023 AFFORDABLE HOUSING CONFERENCE

FAITH-BASED FORUM: LEADING COMMUNITY CHANGE INSPIRED BY FAITH

This forum will highlight the work of faithbased organizations leading neighborhood revitalization efforts and other initiatives through housing that can serve as replicable models for other communities throughout the state, examples of how national partners are working faith-based institutions in Florida in affordable housing development.

HOMEOWNERSHIP FORUM: INCREASING OPPORTUNITIES IN A CHALLENGING MARKET

Experts will discuss strategies to continue increasing access to affordable homeownership, including, but not limited to, the CLT steppingstone, the Hometown Heroes program (with its improved terms for eligibility) and a fully funded SHIP program, for a blend of down payment assistance.

CONSTRUCTION AND DESIGN FORUM: THE PROMISE OF FACTORYBUILD HOUSING

In this forum, experts in finance and industry professionals will clarify terminology, such as the difference between manufactured and modular, and have an honest and open conversation about what are true challenges and what are lingering myths.

PUBLIC POLICY FORUM: LIVE LOCAL ACT

In this forum, experts will recap the 2023 Legislative Session, focusing primarily on how the Live Local Act marks a new era in housing policy, and how your community can make the most of the Live Local Act to drive housing production and preservation.

RESILIENCE AND DISASTER RECOVERY

In this session, staff with housing state and federal agencies and FHC will present on key insights of the Housing Impact Assessment, new FDEM housing programs, new best practices and case studies for housing recovery, policy recommendations and findings from the DHTF.

PARTNERING WITH PUBLIC HOUSING AUTHORITIES

This forum invites attendees to learn from some of the most active and forward-thinking PHAs and their partners throughout the state as presenters discuss best practices in affordable housing development through a PHA lens.

ENDING HOMELESSNESS: SOLVING UNSHELTERED HOMELESSNESS

Join us and add to this important and lifechanging conversation where communities will share their challenges and victories in addressing this problem effectively.

SUPPLIER DIVERSITY FOR SURPLUS LAND: WHY IT’S IMPORTANT AND HOW TO ACCOMPLISH IT

ASHON NESBITT, CHIEF EXECUTIVE OFFICER

Over the past two years, public and provide entities actively devoted and continue to devote unprecedented resources to address disparities. Much focus has been placed on economic opportunity and wealth creation as Black Americans, other people of color, and indigenous people climb the “last steep ascent” to economic equality.

Housing, particularly access to affordable homeownership, continues to play a key role in wealth creation. Recognizing this, significant action has been taken by financial institutions, nonprofits, and other stakeholders to grow the number of Black and Hispanic homeowners, which in 2020 stood at only 49% and 56%, respectively, in Florida compared to 77% white homeownership.1

The Florida Housing Coalition also took action, launching Closing the Gap in 2021, inviting local governments to take the lead in convening stakeholders and targeting resources toward closing the racial gap in homeownership.

1 Shimberg Center for Housing Studies tabulations of US Census Bureau American Community Survey data, and reported in the 2022 Home Matters Report: https://flhousing.org/z-publications/ home-matters-florida-report-2022/ Accessed: 12/12/2022

Another area of focus for building wealth is creating opportunities for minority-owned businesses. Local governments have long taken the lead in this area through supplier diversity programs, local goals, and, most recently, community benefits agreements. Housing creates a unique opportunity for local governments to benefit from both goals of increasing the number of Black homeowners and creating opportunities for minority-owned or led businesses.

One way to do so is through the disposition of public land for homeownership development. Indeed, providing low-cost or no-cost land and additional public financing to minority-owned or -led businesses helps build the capacity of those businesses while also creating additional opportunities for affordable homeownership.

Though this can be a win-win, local governments must operate within a legal framework that creates challenges for obtaining the desired results, namely federal, state, and local Fair Housing laws, and the federal Equal Protection Clause.

HOW DO FAIR HOUSING LAWS RELATE TO THE DISPOSITION OF LAND FOR AFFORDABLE HOUSING?

Fair Housing laws – federal, state, and local – prohibit discrimination in various housingrelated activities, including the sale, rental, or financing of dwellings on the basis of protected classes such as race, disability, sex, religion, and source of financing. The federal Fair Housing Act applies to the sale or lease of vacant land for the construction of housing.

Citing the United States Code, it is unlawful to 1) discriminate against any person in the terms, conditions, or privileges of a sale or rental of vacant land because of race and 2) make any notice, statement, or advertisement that indicates any preference, limitation or discrimination for the sale or rental of vacant land based on race. 2

This is very important when it comes to the disposition of public land for affordable housing, including both where the land is located and who gets the opportunity to develop on that land. For example, suppose a local government only offers land in certain neighborhoods or clearly indicates a racial preference in advertising the availability of land. In that case, it could be found to violate Fair Housing.

WHAT IS THE ROLE OF THE EQUAL PROTECTION CLAUSE?

The desire of local governments to support supplier diversity is governed by case law on the Equal Protection Clause of the Fourteenth Amendment. In simple terms, the Equal Protection Clause requires government to treat everyone the same. However, affirmative actions can be supported on two conditions: 1) there must be a compelling government interest, and 2) the means for achieving that interest must

be narrowly tailored. Eliminating or remedying racial discrimination is generally a compelling government interest.

The biggest challenge is determining the means to accomplish this interest. Perhaps the logical approach would be implementing race-conscious policies to explicitly target or prioritize racial groups. However, to do so carries risk.

So how do local governments increase supplier diversity in housing programs while addressing racial gaps in homeownership (and other housing issues)?

1. Complete a disparity study : Local governments complete disparity studies to determine if a statistical disparity exists in procurement processes and whether this is caused by active or passive discrimination. Completing a disparity study is a key means for local governments to make an argument for a compelling government interest, as it will substantiate (or not) the need for remedial action based on the proportion of qualified minority businesses compared with the availability of land and financial resources for housing development.

2. Employ race-neutral strategies first: Often, strategies can be employed that do not explicitly target particular racial groups but can remove barriers to participation often faced by minorityowned or led businesses. These may include simplifying request for proposal (RFP) procedures, lowering experience or bonding requirements, providing training and technical assistance to interested developers in the formation of partnerships, and navigating RFP processes for land disposition.

3. Use remedial (race-conscious) strategies only after documenting that race-neutral strategies have not worked: Having a disparity study that proves disparities exist based on actual data and documenting results from implementing race-neutral strategies to reduce barriers to participation will help satisfy both requirements for implementing race-conscious strategies. It will prove that a compelling government interest exists and guide the design of narrowly tailored means to achieve the goal of supplier diversity and racial equity through the disposition of land for affordable housing development.

The Support and Connect Program by Florida Housing Coalition was designed to provide local governments with training and technical assistance to work through these three steps. Research was conducted in 2022 on local governments’ public land disposition programs, resulting in model RFP language for local governments statewide. Also, Manatee County and Delray Beach were selected to receive a grant of services for this pilot program to create real opportunities for minorityowned or -led businesses serving these two areas. The systematic improvement in the disposition of land for affordable housing for the benefit of minority developers is key to addressing the racial homeownership gap and increasing the economic prosperity of communities throughout our state.

Best practices in the disposition of public land for affordable housing development will be the topic of a workshop at the Coalition’s upcoming Annual Conference. This workshop will feature presentations on model local government programs and discussion on new requirements in 2023’s Live Local Act.

ASHON NESBITT A respected community and nonprofit leader, Mr. Nesbitt is an expert in housing finance, development and program administration. As a strong advocate for permanent affordability, Nesbitt has championed the expansion and professionalization of community land trusts throughout the state, overseeing the development of the Coalition’s nationally recognized Community Land Trust Certification Program. Mr. Nesbitt has also lead many of Coalition’s other initiatives and innovations, including the new Nonprofit Capacity Building Institute and Adaptive Reuse. Mr. Nesbitt holds two master’s degrees from the University of Florida: a Masters in Urban and Regional Planning and a Masters in Real Estate. He also holds a Bachelor of Science in Architectural Studies from Florida A&M University.

WANT TO LEARN MORE? JOIN THE CONVERSATION AT THE 2023 AFFORDABLE HOUSING CONFERENCE!

Using publicly-owned land is one of the most impactful tools the public sector has to provide and produce affordable housing. The recently-passed Live Local Act recognizes the importance of publicly-owned land, requiring the coordination of local governments and dependent agencies in maximizing this resource. This workshop will explore best practices for identifying and disposing of publiclyowned land for affordable housing, including layering additional resources for heightened impact, promoting permanent or long-term affordability and incorporating supplier diversity.

We hope you will join our session “Best Practices for Surplus Land and Resilience for Long-Term Affordability” at the 2023 Affordable Housing Conference.

SUPPORTING HOUSING RESPONSE AND RECOVERY: UPDATE ON THE HURRICANE IAN DISASTER TASK FORCE

CJ REYNOLDS, DIRECTOR OF RESILIENCE AND DISASTER RECOVERY

In the fall of 2022, the Florida Division of Emergency Management (FDEM), under the Executive Office of the Governor, formed the Florida State-Led Disaster Housing Task Force (DHTF or Task Force) in partnership with the Florida Housing Coalition. The Task Force continues to provide a forum for local, state, and national disaster professionals and partners to convene and build the capacity of local and state disaster response to address short and long-term housing recovery.

The Florida Housing Coalition had the exciting opportunity to once again partner with FDEM to provide robust training at the 2023 Governor’s Hurricane Conference. Professionals focused on hurricane planning, preparedness, response, recovery, and mitigation packed the day-long training session.

Task Force members and experts, including FHC staff CJ Reynolds, Michael Chaney, and Dayna Lazarus, presented information on best practices related to housing recovery, FEMA appeals, funding programs, disaster case management, legal aid, social equity, and long-term housing recovery.

Lessons from Hurricane Ian and the State’s first Disaster Housing Task Force will be the focus of the Resilience and Disaster Recovery Forum at the Coalition’s upcoming Annual Conference. Representatives from federal and state agencies, local government, and expert Coalition staff will present key insights and new best practices

gleaned from case studies and findings from the DHTF. Panelists will also discuss the Housing Impact Assessment, state and local programs, and engage attendees in discussion about strengthening local disaster preparedness.

The Florida Housing Coalition’s Disaster Housing Task Force efforts and participation in the Governor’s Hurricane Conference were supported by a grant from Wells Fargo Foundation. DHTF meetings are recorded and are available on the FHC’s Disaster webpage. The GHC training presentations are available at conference website at www.flghc.org.

CJ REYNOLDS is the Director of Resilience and Disaster Recovery for the Florida Housing Coalition. She served as the Director of Resiliency and Engagement at the Tampa Bay Regional Planning for nearly four years and led the Regional Resilience Coalition which includes 32 local governments.

HURRICANE IAN’S HARDEST HIT: SUPPORTING OLDER ADULT HOUSING

DAYNA LAZARUS, TECHNICAL ADVISOR

Rent and housing price increases have made it difficult for seniors, many on fixed incomes, to live in Florida. The destruction of affordable homes caused by major disasters like Hurricane Ian only exacerbates this stress. As seniors are increasingly vulnerable due to inflation and the housing shortage in Florida, they should be prioritized for disaster planning, preparation, and recovery.

Southwest Florida, which bore most of Hurricane Ian’s impacts, is known as Florida’s “retirement belt.” These counties have a higher overall makeup of elderly individuals than the state’s average county. On average, Florida’s seniors comprise 27% of the population. Of the 26 declared counties, 18 have populations with an even higher percentage of seniors (Brevard, Charlotte, Collier, Desoto, Flagler, Glades, Highlands, Lake, Lee, Manatee, Monroe, Palm Beach, Pasco, Pinellas, Putnam, Sarasota, St. Johns, and Volusia).

The State’s Disaster Housing Task Force (DHTF), led by the Florida Department of Emergency Management (FDEM) and the Florida Housing Coalition, has observed and received reports on the housing challenges seniors face for both preparation and recovery.

Below are some of those challenges and some recommended responses:

Challenge: Communication. Seniors often did not receive information on disaster response steps. The individuals and entities that seniors rely on for information and assistance, such as Property Managers, nurses, and caretakers, must have the correct information to communicate to them. Poststorm, they are also more likely to be taken advantage of by scams.

Response: The key to preparing seniors for disasters is to prepare their caretakers. Providing ongoing training and thorough communication to organizations representing caretakers, nurses, and assisted living facilities would better prepare these valuable partners to prepare their clients sufficiently. Outside of caretaking facilities, many seniors live in affordable rental properties. Fortifying those properties and ensuring that property managers have strong, equitable plans and accurate information about the emergency management phases is critical.

Challenge: Temporary Housing. Seniors needed help finding affordable and available temporary housing. Financial constraints also kept many from sufficiently stocking up on food and supplies. Several cases were reported post-Ian where elderly renters had to relocate so that the landlord could perform renovations. Reports also found that these

“The key to preparing seniors for disasters is to prepare caretakers.”their

seniors often did not apply for a FEMA registration number to receive assistance.

Response: All survivors who experience disaster impacts should register with FEMA. This is a basic yet critical message that all disaster survivors should receive and an example of an improvement that could be made to ensure seniors can quickly recover from a disaster. Without a FEMA registration number, disaster survivors cannot access most FEMA and FDEM housing assistance programs, such as rental assistance and unmet needs immediate cash assistance.

Challenge: Uninsured homes. Older adults are more likely to own homes that are not insured. Many have paid off their mortgages which require homeowner’s insurance. Released from that requirement, many no longer carry insurance due to its high cost. Physical limitations can increase the difficulty of bagging sand or boarding windows before a storm.

Response: The issues underlying high insurance costs are complex. While this private resource may be difficult to access, many public resources are available pre- and post-disaster, including federal programs from HUD and

USDA, state funding through Florida Housing Finance Corporation, and local SHIP funds. Communicating information on the availability of rehabilitation, purchase, repair, mitigation, and other home and rental funding, especially those prioritizing low-income seniors, would ensure these resources are quickly mobilized and fully expended.

With an understanding of these challenges, emergency management offices can apply these recommended responses and other best practices to enhance pre- and post-disaster engagement with seniors. Partnerships with social services organizations and agencies that work with older adults and seniors, such as local Centers for Independent Living (CIL) and Area Agencies on Aging (AAA), can offer ongoing opportunities to engage with seniors to learn about their needs and use that knowledge in disaster preparation and recovery.

DAYNA LAZARUS is a Technical Advisor for the Florida Housing Coalition on the Resilience and Disaster Recovery Team. Dayna has over a decade of experience in community organizing and a Master in Urban and Regional Planning from USF.

FREQUENTLY ASKED SHIP QUESTIONS State Housing Initiatives Partnership Program

MICHAEL CHANEY, TECHNICAL ADVISOR

QUESTION: We have a question about a potential manufactured home repair client. Although we can verify that this client’s unit was built in 1994, we cannot verify which month. Eligibility rules require that such a unit be built after June 1994 to receive SHIP assistance, but we cannot find any information to verify the manufacture date by month like we typically would. Do you have any suggestions on how to proceed in this situation?

ANSWER: You cannot provide assistance unless you can document that the manufactured home was built in June 1994 or later. The improved HUD standards that started in June 1994 require a data plate which is often located in a closet or inside a kitchen cabinet door of the unit. This data plate is an 8.5 by 11 piece of paper that includes the construction date along with a list of appliances, roof loading specifications, the wind zone that the home was built to, the engineering firm involved, the serial number and more.

You might not be able to locate this documentation. This unit is almost 30 years old. While the SHIP statutory eligible housing definition does allow for repairing a 1994 unit built to the HUD standards, some communities have questioned if repairing an old unit is anything more than a Band-Aid for a unit that should be replaced. They limit repairs to manufactured housing built in 2000 or some other more recent year. SHIP communities may update the eligible housing definition with a local standard.

Those who own older manufactured homes still need assistance even if they are not eligible for SHIP rehabilitation. They often have limited incomes and cannot benefit from a local purchase assistance program. The solution may be a replacement housing strategy, an expensive option and one that you may be able to offer only to a few households each year.

QUESTION: Many applicants are using virtual accounts like Venmo, Cash App, Zelle, Google Pay, Apple Pay, PayPal, Samsung Pay, Square Cash, Xoom, and Facebook Pay. How do we document these accounts as part of the income verification process?

ANSWER: First seek to identify new annual sources of income and second ask questions about the Cash App as an asset.

1. Step 1 - Income Questions about Cash Apps: The local government must determine if money going into the Cash App account is a newly identified source of annual income not yet reported by the applicant. The applicant fills out an ‘explanation of deposits’ form for every deposit of $100 or more. If these deposits are gifts or repayments between friends, then the explanation on this form is sufficient. However, if it is business income, then the applicant must provide a profit and loss for the business. In January 2022, HUD issued guidance on this topic stating that these transfers do not need to verified: https://www.hudexchange.info/faqs/programs/housingchoice-voucher-program/calculating-income-rent-housing-assistance-payments/ income-inclusions-and-exclusions/are-phas-required-to-use-form-hud-9886-to-verify-deposits/

2. Step 2 - Asset Questions about Cash Apps: Treat these virtual accounts like savings accounts. The asset’s value is the end balance on the most current statement. However, unlike savings accounts, cash apps often do not offer a rate of return and so the ‘income from the asset’ is $0. Obtain a screenshot of the applicant’s account profile page which provides account identification. Also get screenshots that show transactions within the most recent month, which serve as the equivalent of a current statement. Here is guidance on finding this data in specific apps:

• For Cash App, the user selects Profile, then Documents, then Account Statements. The user will select the month from the statement menu. This can be emailed to the intake staff for documentation.

• For Venmo: On the website, the user logs into the account and selects Statements on the left-hand side. The user may select the month under Account History, download it as a CSV file, and email it to intake staff for documentation.

QUESTION: I am reviewing recently closed files as I prepare for a SHIP monitoring visit. Most of the files have double sources of income from a verification of employment (VOE) and pay stubs. Will the SHIP monitor double calculate the household’s income based on the VOE as well as the pay stubs? Does the monitor use the higher of the two calculations?

ANSWER: Strive to collect only one source of income verification in future files. You are asking about files that have already been closed out, however, so do not remove anything from them. Yes, the SHIP Monitor will calculate the household’s income based on both sources of income. The household’s income on the residential income certification (RIC) should reflect the higher of the two calculations. Here is more guidance when the sole source of employment income verification comes from pay stubs. Set a local policy about the amount of pay stubs to collect. Collect pay stubs for the most recent two-month period, for example. Calculate an average wage based on these pay stubs and use it to estimate annual job income.

It is important to address the topic of tax returns, which may also be a source of income. Tax returns must only be collected when a household member is self-employed. In such cases, only use the tax return to help estimate future self-employment income, not overall household income.

The Residential Rehabilitation Guide has been updated and is available at https://flhousing.org/publications/. This publication is a tool to be used by SHIP Administrators, sponsors, and partners as a guide for selecting and collaborating with Contractors under a SHIP Rehabilitation Program. It offers an overview of SHIP rehabilitation program design, administration, and operation.

The guide also provides customizable templates to create policies, procedures, forms, and rehab guidelines. Best practices are included for recruiting, selecting, and working with contractors; conducting inspections; preparing work write-ups; and creating rehabilitation standards that incorporate elements of green building, universal design/ visibility, and disaster mitigation in rehabilitation activities.

MICHAEL CHANEY is a Technical Advisor for the Florida Housing Coalition with 27 years of experience providing technical assistance. Chaney co-wrote the Coalition’s Disaster Preparedness Manual and has assisted the statewide network of SHIP administrators with disaster response. Michael has offered foreclosure prevention training and has served as a Neighborworks instructor for Florida-based 5-day certification trainings for housing counselors. Mr. Chaney holds a bachelor’s degree from Loyola University in New Orleans and a Master of Social Work Administration from Florida State University, where he has served as an adjunct faculty member of the housing department.

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2023 AFFORDABLE HOUSING CONFERENCE AGENDA

FORUMS & CAUCUSES

• Construction and Design Forum: The Promise of Factory-Built Housing

• Ending Homelessness: Solving Unsheltered Homelessness

• Faith-Based Forum: Leading Community Change, Inspired by Faith

• Homeownership Forum: Increasing Opportunities in a Challenging Market

• Partnering with Public Housing Authorities

• Public Policy Forum: Live Local Act

• Resilience and Disaster Recovery

• Facing Challenges with Innovation for a Resilient Energy Future Forum (Sponsored by Duke Energy)

• Philanthropy and Business Forum

• Preservation Forum: Planning for Permanent Affordability Recovery

• Florida Realtors Caucus

• Habitat for Humanity Caucus

• Housing counselors Caucus

CONFERENCE SESSIONS

• CDFIs and Investment Funds: Who Are They and What Do They Do?

• CRAs and Affordable Housing

• FHFC and Live Local

• Heirs Property and Legacy Neighborhoods

• Housing Property Risk and Assessment

• Seniors and Housing Security

• Bankers Can Be Your Best Partners

• Captivating Community Engagement

• Financing Available through FHLBank of Atlanta: Financing Affordable Housing and Tackling the Challenge of Heirs’ Property

• Housing Tax Credits 101

• Live Local – Affordability Near Transit

• Re-entry Housing Solutions

• Resilience of Long-Term Affordability

• Building Scale: Increasing the Value and Impact of Permanent Affordability Programs

• Developing and Preserving Housing in Rural Communities

• Hazards and Housing Mitigation

• Innovations in Housing Production and Management

• Live Local – The Planners Perspective

• Local Government Trust Funds in the Age of Live Local

• Solving Homelessness for Single Adults

• Funding Opportunities from the FHFC

• Hurricanes, Housing, and the Effectiveness of Disaster Recovery Programs

• Live Local – Incentivizing Property Owners

• Low Barrier Housing

• Overcoming NIMBY Opposition

• Resilience Through a Recession: What to Expect and How to Mitigate the Challenge

• Understanding the Capital Stack

EXPANDING OUR COMMITMENT: THE FLORIDA HOUSING COALITION CONTINUES TO GROW ITS EXPERT STAFF AND BOARD

AMANDA ROSADO, CHIEF OPERATING OFFICER

The Florida Housing Coalition continues to grow its Board and staff with a deep bench of affordable housing experts.

GLADYS COOK NAMED NEW BOARD CHAIR

We are thrilled to announce the appointment of our new Board Chair, Gladys Cook, who will lead our organization in its mission to bring together housing advocates and resources so that all Floridians have a quality, affordable home and suitable living environment. With Gladys’ extensive experience in affordable housing, problem-solving, and consensus building, we are excited to have her at the helm of our organization. Gladys expresses, “It is such a great privilege to serve the Florida Housing Coalition, and I am so excited to further the housing mission and in the

company of an extraordinary staff and Board of Directors.”

Gladys joins us with a deep understanding of our organization’s mission and vision, having previously served as a valued member of our Board’s Executive Committee and staff. As our new Board Chair, she will play a crucial role in guiding our strategic vision, providing oversight, and ensuring the effective governance of our organization. We are confident that her leadership will inspire and motivate our dedicated Board members, staff, partners, and members to continue working together towards our shared goals.

Please join us in extending a warm welcome to Gladys Cook as she transitions into this role at the end of August!

“It is such a great privilege to serve the Florida Housing Coalition, and I am so excited to further the housing mission and in the company of an extraordinary staff and Board of Directors.”

We would also like to express our deepest gratitude to our outgoing Board Chair, Suzanne Cabrera, for her exceptional leadership and dedication over the past four years. Suzanne says, “It has been my absolute honor to serve as Chair of the organization, and I will continue to serve in any capacity that will be helpful going forward.” Under her guidance, our organization has flourished, and we are immensely grateful for her invaluable contributions. Suzanne will continue to serve on the Board’s Executive Committee.

STAFF UPDATES

KODY GLAZER has been promoted to Chief Legal and Policy Officer as part of the Coalition’s executive leadership team. Since 2017, Kody has spearheaded legal and policy initiatives, providing vital training and technical assistance to local government staff and elected officials, housing developers, and other affordable housing stakeholders. Kody will continue to lead the Coalition’s policy design and housing affordability advocacy efforts in addition to leading the legal team. He will also continue heading up the Sadowski Affiliates work, funded by Wells Fargo.

ELISSA PLANCHER has been promoted to Director of Affordable Housing Development. In this role, Elissa leads the Coalition’s work in providing technical assistance to nonprofits in the Predevelopment Loan Program, a key resource for the expansion of the affordable housing stock statewide, and training on the development process provided through Catalyst and other Coalition programs. Elissa has a diversity of housing experience, ranging from HUD Community Development programs, disaster recovery and resilience, preventing and ending homelessness, and affordable housing development. Elissa holds a Master of Real Estate Development from the University of Arizona.

WILLIAM CAMPBELL joined the Coalition in April as the new Director of Communications. An experienced communications professional, he brings over 20 years of experience in organizational communication, marketing, and public relations and 15 years of experience within nonprofit organizations. William will be working to enhance the Coalition’s brand positioning while managing the public relations, marketing, and communications strategy. He holds dual bachelor’s degrees in English and Behavioral Science, a Master in Rhetoric and Communication, and is completing coursework for his doctorate.

TIFFANY ADAMS joined the Ending Homelessness team as a Technical Advisor in February. Tiffany has over a decade of experience mobilizing and cultivating skills and community knowledge. From 2011 through 2012, serving as an AmeriCorps VISTA member, the commitment to preventing and ending homelessness was realized. From there, Tiffany has served in various roles within homeless and housing programs, including emergency shelter program manager, rapid rehousing case manager, and post-care support services coordinator. In addition to work experience, Tiffany’s lived experience of homelessness helps communities foster inclusive, meaningful strategies and implementation to end homelessness.

LAUREN THORNBERG is our newest Coalition team member. Lauren recently worked on the team as an intern. Following her graduation with a Master in Urban and Regional Planning from Florida State University, she has joined the Resilience and Disaster Recovery team as a Technical Advisor. Her primary focus is the intersection of the built environment and disaster-related resilience, particularly extreme heat and flood risk issues.

The Florida Housing Coalition has a deep bench of housing professionals on the staff and board strategically located throughout Florida.

Chaney Blaise Denton

Rosado

Burton

Andujar Elissa Plancher

Spence

The Florida Housing Coalition has a deep bench of housing professionals strategically located throughout Florida.

Aida Andujar TECHNICAL ADVISOR Carter Burton TECHNICAL ADVISOR

Michael Chaney TECHNICAL ADVISOR

Kimberly Spence TECHNICAL ADVISOR

Ben Toro-Spears TECHNICAL ADVISOR

Johnitta CONFERENCE & COMMUNICATIONS MANAGER

Deidre Park CHIEF FINANCIAL OFFICER & OPERATIONS DIRECTOR

Amanda Rosado TECHNICAL ADVISOR

Elissa Plancher TECHNICAL ADVISOR

Ashon Nesbitt TECHNICAL ADVISOR & RESEARCH ANALYST

Blaise Denton TECHNICAL ADVISOR

Katherine Gray INTERNSHIP COORDINATOR

Kody Glazer LEGAL DIRECTOR

Juanita Jones TECHNICAL ADVISOR

Dan Mathis TECHNICAL ADVISOR & HOUSING EQUITY LEAD

Lisa Djahed COMMUNICATIONS DIRECTOR

KODY GLAZER

ASHON NESBITT ELISSA PLANCHER

TAMARA WEST MATTHEW WYMAN

STEVE KROPP

ALI ANKUDOWICH CJ REYNOLDS

AMANDA ROSADO AMANDA WANDER

JOHNITTA WELLS

KATHY GRAY

DAYNA LAZARUS

WIS BENOIT CARTER BURTON

CHARLENE CHEN

MICHAEL CHANEY PAM DAVIS

TIFFANY ADAMS WILLIAM CAMPBELL

LAUREN THORNBERG

MEMBERSHIP APPLICATION

PARTNERS FOR BETTER HOUSING

Your Partners for Better Housing membership supports the Florida Housing Coalition’s work by making tax deductible donation of $500 or more. Membership benefits include:

• Complimentary conference registration (Patron Level or higher only, quantity indicated)

• Unlimited membership-rate conference registrations

☐ $20,000 Platinum Sponsor (20 Comps)

☐ $10,000 Gold Sponsor (10 Comps)

☐ $5,000 Sponsor (6 Comps)

• Complimentary job vacancy posting service on the Coalition’s website

• Access to the Coalition’s e-newsletter, Member Update

☐ $2,500 Co-Sponsor (3 Comps)

☐ $1,000 Patron (1 Comp)

☐ $500 Contributor

ADDITIONAL BENEFITS FOR PLATINUM, GOLD & SPONSOR LEVELS

• Subscriptions to Housing News Network Journal (up to 20)

• Logo displayed in all conference-related publications, on the Coalition’s website and in each triennial issue of the Housing News Network Journal

• Complimentary booth at conference expo (if reserved by July 31)

• Reserved table for Keynote speeches (Platinum and Gold only)

ADDITIONAL BENEFITS FOR CO-SPONSOR, PATRON & CONTRIBUTOR LEVELS

• Subscriptions to Housing News Network Journal (up to 8)

• Name displayed in all conference-related publications, on the Coalition’s website

• Co-Sponsor and Patron Partners included in each triennial issue of the Housing News Network Journal

BASIC MEMBERSHIP

Basic membership is for anyone who wishes to subscribe to Housing News Network, post job vacancy announcements free on the Coalition’s website and receive membership-rate conference registrations. An individual member receives one subscription and one member-rate registration. Organizational members receive up to five subscriptions and five memberrate registrations. All memberships are on a unified membership cycle, memberships are due on July 1 and expire on June 30 of each year. (Please indicate additional names, addresses and phone numbers on an attached sheet.)

☐ $25 Student

☐ $75 Individual

☐ $150 Nonprofit Organization

Authorized Representative (Please Print or Type:)

☐ $200 Government Agencies

☐ $250 Private Organizations

Name: Title: Organization: Signature:

Mailing Address: City: State: ZIP: County: Phone: FAX: Email:

Make checks payable to The Florida Housing Coalition • 1311 N. Paul Russell Road, B-201, Tallahassee, FL 32301 • Phone: (850) 878-4219 • FAX: (850) 942-6312 The Florida Housing Coalition is a 501 (c) (3) organization. One hundred percent of your tax deductible contribution goes to the Florida Housing Coalition, Inc. No portion is retained by a solicitor. Registration number SC09899, Federal ID# 59-2235835.

Housing is paramount to equitable, healthy, and sustainable communities.

As Florida’s premier statewide missionbased housing expert on everything from ending homelessness to first time homeownership, we understand the housing and development challenges that communities face. Our professional

“Long-term community improvements and future affordable housing units will be directly attributable to the Coalition’s participation in our strategic plan. [The Coalition’s] effort, analysis, recommendations, and collegiality were over-the-top professional and I would absolutely recommend you for similar engagements.” --Bruce Lyon, Winter Haven

team increases your capacity to implement effective solutions embraced by public and private sector stakeholders. The Coalition assists government and community-based organizations involved in producing and preserving housing for the workforce and Florida’s most vulnerable populations.

“There is truly nothing that happens in the Florida housing space where the Coalition is not advocating, influencing, leading, partnering, and/or working on. Thank you for your leadership!”-Esther

Helping local governments, nonprofits, and businesses solve complex affordable housing issues with tried and true best practices.

EDC

Marshall, Fifth Third Bank

for the Homeless of Pasco County

FLORIDA HOUSING COALITION | FLHOUSING.ORG

THE FLORIDA HOUSING COALITION | FLHOUSING.ORG

| FLHOUSING.ORG THE FLORIDA HOUSING COALITION

THE FLORIDA HOUSING COALITION