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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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