HomeMy WebLinkAbout06/20/2006, BUS. 10 - AFFORDABLE HOUSING STANDARDS - REVISED FORMULAS FOR RENTS/SALES PRICES J
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CITY OF SAN LUIS OBISPO
FROM: John Mandeville, Director of Community Development
Prepared By: Doug Davidson, Deputy Director of Community Development'p.J>,
SUBJECT: AFFORDABLE HOUSING STANDARDS—REVISED FORMULAS
FOR RENTS/SALES PRICES
CAO RECOMMENDATION
Amend the Affordable Housing Standards, specifically the revised formulas for determining the
maximum rents and sales prices for each income group.
Introduction
The City's Affordable Housing Standards (Standards) set maximum rental costs and sales prices
based on income level and dwelling size. The standards officially define the term "affordable
housing" and are used to determine if projects qualify for density bonuses, financial assistance,
and other incentives. They help define the housing need for low- and moderate income
households, promote development of affordable housing, and are a key ingredient in explaining
the City's housing requirements.
The City's Affordable Housing Standards are updated annually and are based on the Income
Limits published by the State Department of Housing and Community Development (HCD).
Table 1 (Exhibit A) shows the 2006 Income Limits. This year the income limits changed for the
first time in three years rising to $63,800 for a family of 4 (up from $61,700 in 2005). By law,
the upper limit for "very-low income" households is 50 percent of the County median income;
the upper limit for "lower-income" households is 80 percent of the County median income; and
the upper limit for "moderate-income" households is 120 percent of the County median income.
HCD releases the Income Limits in March of each year and staff uses this information to update
the Affordable Housing Standards by April 1.
DISCUSSION
The City has not updated its formula for calculating the Affordable Housing Standards since they
were originally adopted in 1984. Over the years two trends have emerged with a contrasting
impact on the Affordable Housing Standards. On one hand, the formula for moderate-income
rental limits has caused these rates over time to rise to market, or more recently, above-market
rents. The Housing Element specifically calls out to change moderate-income rents so that they
are more proportional to the two lower income categories. On the other hand, the formula used
for sales prices has lagged behind a normal rate of increase for "affordable" homes. The low
ceiling on sales prices has become a disincentive for developers to build affordable housing and
has resulted in a large disparity in affordable home prices with other communities in the County.
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Amended Affordable Housing Standards Page 2
In sum, the City's moderate-income rents are too high, while the sales prices for all income
groups are too low. The recent change in income limits for 2006, County-wide interest in
affordable housing standards, and continuing Housing Element implementation all point to a
timely opportunity to update the City's Affordable Housing Standards.
Methodology
Staff's main objective in the Affordable Housing Standard_s amendment is to keep it simple. A
simple adjustment to the rent and sales price formulas we now use will result in the appropriate
level of change to the maximum limits. The standards will continue to be easily understood by
staff, and in tum, the development community. Furthermore, adjusting the current methodology
allows the standard, particularly affordable sales price, to be known immediately at a given point
in time, as opposed to pegging the standard to an ever-fluctuating index, such as interest rates.
The current formulas and proposed modifications will be discussed below in the appropriate
section.
Moderate-Income Rents
The City's current formula for moderate-income rents is 30% of 110% of the annual median
County household income divided by 12 and adjusted for household/unit size. For example, the
median income for a three-person household (Table 1, Exhibit A) is $57,400; $57,400 X 1.10 =
$63,140 X .30 = $18,942 divided by 12 = $1,578. The paragraph below Table 1 equates a three-
person household to a two-bedroom unit, thus as shown on Table 2, the moderate-income rent for
a two-bedroom unit is $1,578. For the 2006 Standards, this calculation results in moderate-
income rents of $1,402, $1,578, and $1,824 for a one-bedroom, two-bedroom, and three-
bedroom, respectively. Compared to a recent survey of rental costs in the City, these moderate
rents exceeded market-rate rents. According to rent surveys conducted by staff over the last year,
market rate average rents range from $800-$900 (one-bedroom), $1,2007$1,400 (two-bedroom),
and $1,70041,800 (three-bedroom). The discrepancy grew more this year with the increase in
income limits. This situation was called out for action in the 2004 Housing Element:
Program 2.3.10
"Amend Affordable Housing Standards to modify the method of calculating maximum
moderate-income rental costs, so that moderate-income rents are proportionately consistent
with rental cost for very-low and low-income renters, to the extent allowed by State and
federal law."
The ratio of 30% of 110% of median income is based on the Affordable Housing Standards of
the State Health and Safety Code. (As are the ratios of 30% of 50% and 30% of 60% for very-
low income and lower income, respectively.) Simply changing the moderate-income formula to
30% of 100% of County median, lowers the rent maximums over $100 a month for the smaller
units sizes to over $300 a month for a four-bedroom. As shown on Table 2 in Exhibit A, the
reduced rents are $1,275 (one-bedroom), $1,435 (two-bedroom), and $1,595 (three-bedroom).
While, revising the formula still leaves the one-bedroom (and studio) units above the current
market rate rents, it lowers the rents to a more proportional level with the two lower income
16 -.� .
Amended Affordable Housing Standards Page 3
categories and gets right in line (or below) the current market rents for two, three- and four
bedroom units. Staff considered using a 30% of 90% formula further lowering the moderate-
income rents. While this would bring the rents for the smaller units (studios and one-bedrooms)
down closer to the average market rate, it also lowers the rents for the two, three and- four-
bedroom units to well below market rates. It's a balancing act. The revised calculation is most
balanced on the two bedroom unit; the most common form of apartment. Staff monitors the
Standards annually and will determine if future revisions are necessary to reflect the changing
housing market.
Another proposed change to the Affordable Housing Standards for the household sizes of three-
bedroom and four-bedroom units will further bring down the affordable rents. This change
affects both rents and sales prices and is discussed below after the sales prices section.
Affordable Sales Prices
The City uses a traditional federal HUD (Housing and Urban Development) standard from the
1980s; that is, multiply the income limit of the income group, adjusted for household size by 2.5
for the two lower income groups and 3 for the moderate-income. For example, the maximum
price for a moderate-income three-bedroom unit is $206,700; $68,900 (moderate-income limit
for a three-person household) X 3 = $206,700. Across much of the country, where the national
median home price just passed $200,000, these factors still produce a valid figure. In California,
and specifically. San Luis Obispo, where the County median home price surpassed $600,000
earlier this year, the factors of 2.5 and 3 should be adjusted. With the downturn in home prices
of the early 1990s, the median in many areas of California was generally the same in 2000 as it
was in 1990. It's this latest and steepest increase in home prices since the year 2000—that has
caused the City's affordable housing prices to remain lower in proportion to the median sales
price and with other similar jurisdictions.
The three-bedroom moderate-income unit is often used for discussion and comparison purposes.
The maximum sales price for such a unit is $238,950. Although, this is up from the $231,000
maximum of the last three years, it is still too low to encourage construction of affordable
housing and when compared to other areas in the County. Adjusting the factors to 3 for the two
lower income groups and 3.5 for the moderate-income raises the affordable sales prices from 8
percent to 17 percent. These slightly higher prices ($268,100) are still affordable to the
designated income groups and more in line with those of other jurisdictions. The proposed
increase would raise the monthly mortgage payment by approximately $100.00 for a moderate-
income three-bedroom unit.
A working group consisting of representatives from the County, each city in the County, and the
Housing Trust Fund met on a regular basis for a six-month period last year. The purpose of the
group was to better coordinate affordable housing requirements. In addition to the maximum
sales price formula, the group also looked at consistency of affordable housing agreements
among the jurisdictions.
Several cities in the County use the County formula for determining affordable sales price. The
County's formula fluctuates much more since its interest rate sensitive, and has set a sales price
Amended.Affordable Housing Standards Page 4
of approximately $300,000 for a moderate-income three-bedroom unit. This price is too high as
it limits the number of households with minimum incomes to qualify and the maximum income
to still be an eligible family. As noted above, the City's$230,000+price over time has been too
low to encourage construction of affordable housing units for sale. It was the "gut" feeling of the
working group that the proper maximum sales price was in-between the City's and County's.
Sure enough, as the parties each modified their formulas, the revised sales price for the
comparison unit was between 260,000 and $270,000. Staff believes that the City's figure of
$268,100 is appropriate and "affordable" for a moderate-income three-bedroom unit as it's
approximately 50% of a market rate unit.
Household Size and Number of Bedrooms
Table 1 of Exhibit A contains the City's assumptions for correlating the number of bedrooms to
the number of people in a household: studio unit = one-person household, one-bedroom unit =
two-person household, etc. The City has always used the average of a four and five-person
household for a three-bedroom unit and six-person household for a four-bedroom unit. In
another effort to bring down the affordable housing costs, staff is proposing that the standards be
modified to a four-person household for a three-bedroom unit and a five-person household for a
four-bedroom unit. This adjustment further lower the rents ($63 for a three-bedroom and $132
for a four-bedroom), as well as the home prices for three and four-bedroom units. This
household size change to the formula lowers the moderate-income three-bedroom unit
approximately $10,000 and the four-bedroom unit about $20,000. Although, this goes against
the overall notion of slightly raising the affordable home prices, staff would prefer to "en" on the
side of affordability. Also, the modified household size criteria is consistent with State standards
(the City's household sizes for studios, one-bedroom, and two-bedroom units are already
consistent with the State).
Allowance for Utilities
Staff proposes one more change to the Standards relating to the "allowance for utilities". This
provision has always been difficult for staff to include in the maximum rents and over the years
has not been implemented. What is a "reasonable" allowance for utilities? Utility rates fluctuate
and vary based on specific circumstances, such as construction quality/materials and lifestyle
differences. Applying a blanket reasonable rate for utilities does not take these differences into
account and has been a point of contention with property owners of affordable rentals. Utilities
are often not included in monthly rents, but what about rentals where the landlord pays one or
more of the utilities? To address this situation would require a large amount of staff time to
monitor rent agreements and establish a "reasonable allowance" for utilities under a number of
possible scenarios. For all these reasons, and to maintain the simple approach to administering
these Standards, staff proposes eliminating the utility allowance section.
Summary
The proposed amendments to the Affordable Housing Standards use the same historical formula
and maintain simplicity for staff and the public. The changes to the Standards are more
consistent with, or more restrictive, than the State Code. Staff will continue to review the
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Amended Affordable Housing Standards Page 5
Standards on an annual basis for consistency with State Income Limits and continued validity in
light of changing real estate market trends. The City's Standards and affordable housing
formulas need not be identical to other jurisdictions in the County, however, the..differing
methods of calculation result in similar affordable housing prices throughout the County. Exhibit
A of Attachment 1 includes all changes referenced in this report by stfikethfeugh and bold type.
FISCAL EWPACT
None. The affordable rents and sales prices have no impact on the General Fund.
ALTERNATIVES
Maintain existing Affordable Housing Standards — Staff argues that the Standards are outdated
and with the proposed amendments will better serve the purpose of encouraging and providing
affordable housing. The moderate-income rents are not "affordable" and the sales prices are too
low to encourage construction of affordable units.
Revise the Affordable Housing Standards to use a different formula, such as the County's or
other index-based system — These other methods are more complex and subject to change on a
regular basis. By updating the long-practiced method, the City keeps simple and constant
(reviewed on an annual basis) affordable housing standards while being internally proportional
and similar in range to other local jurisdictions.
ATTACHMENTS
Attachment 1 —Resolution No.
Exhibit A: 2006 Affordable Housing Standards
dd/J:/Housingprog=s/CC RptAffHousingStand
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Attachment 1
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RESOLUTION NO. (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2006 AFFORDABLE HOUSING STANDARDS
WHEREAS, the City of San Luis Obispo has adopted Affordable Housing Standards to
establish maximum rental costs and sales prices based on income level and dwelling size; and
WHEREAS, the City updates the Affordable Housing Standards annually based on
Income Limits published by the State Department of Housing and Community Development
HCD); and
WHEREAS, Housing Element Program 2.3.10 states that the City should amend the
Affordable Housing Standards to modify the method for calculating moderate-income rental
costs, so that moderate-income rents are proportionately consistent with rental costs for very low-
and low-income renters; and
WHEREAS, the City's sales prices are outdated and should be raised to more accurately
reflect the current real estate market and to be more consistent with those of other local
jurisdictions;
WHEREAS, in light of the above, it is appropriate for the City to amend the 2006
Affordable Housing Standards by revising the formula for maximum rents and sales prices.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Council hereby determines that the
proposed amendments to affordable housing standards are not "projects" as defined by Section
21065 of the California Environmental Quality Act (CEQA), since they will not cause a direct or
indirect physical change in the environment and do not involve the issuance of a lease, permit,
license, certificate or other entitlement. Consequently, no further environmental review is
necessary.
SECTION 2. 2006 Affordable Housing Standards. The City's 2006 Affordable
Housing Standards, as set forth in Exhibit A, attached and incorporated by reference, are hereby
approved.
Upon motion of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Atta?hment 1
Resolution No.
Page 2
The foregoing resolution was adopted this 20th day of June, 2006.
Mayor Dave Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan Lowell, City Attorney
Exhibit:
A—Amended 2006 Affordable Housing Standards
ddlUHousingPrograms/CCReso2006AffHousingStand �j
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- San WI S OBI SPO
AFFORDABLE HOUSING STANDARDS 2006
(Effective April 1, 2006)
Purpose
These standards apply to all development projects within the City. They set maximum rental costs or
sales prices based on income level and dwelling size and are used by developers, citizens, housing
groups, City staff and commissions, and housing agencies. The Community Development Director
implements the standards. Besides defining the often misunderstood term "affordable housing", the
standards promote the construction of housing which meets residents' needs and help explain the City's
housing requirements. In addition, the City uses these standards to determine if housing projects are
"affordable" and qualify for density bonuses, financial assistance or other types of incentives. For more
information about these standards, call the City's Community Development Department at (805) 781-
7170.
The City requires new development projects to provide affordable housing for very-low, low, or
moderate income households by: 1) building affordable housing in conjunction with new residential or
commercial development, or 2) by paying an "in-lieu fee" to support the development of affordable
housing citywide, or 3) by contributing real property, including land or existing dwellings, to be used
as affordable housing, or 4) by a combination of these methods. To help offset costs of providing
affordable housing, the City has adopted Affordable Housing Incentives (San Luis Obispo Municipal
Code Ch. 17.90). State and local law allows residential density bonuses and certain other incentives in
return for developers agreeing to construct affordable housing. Additional information on incentives is
available from the Community Development Department.
How the Standards Are Determined
These standards are prepared by the Community Development Department and are updated annually to
show income limits for the City and County of San Luis Obispo as published by the State Department
of Housing and Community Development (HCD). These limits are shown in Table 1. By law, the
upper income limit for "very-low income" households is 50 percent of the median County income; the
upper limit for "lower income" households is 80 percent of the median County income; and the upper
limit for "moderate-income" households is 120 percent of the median County income.
Households with more than eight persons
For all income groups, the income limits for households larger than eight persons are determined as
follows: For each person in excess of eight, add eight percent of the four-person income limit to the
eight-person income limit and round the sum to the nearest $50. For example, the nine-person very-
low income limit is .08 X $31,900 = $2,552; then $2,552 + $42,100 = $44,652; rounded to the nearest
$50=$44,650.
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2006 Affordable Housing Standards
Page 2
TABLE 1: 2006 ANNUAL INCOME LIMITS ($)
INCOME NUMBER OF PERSONS IN HOUSEHOLD
GROUP
1 2 3 4 5 6 7 8
'VERY LOW 22,350 25,500 28,700 31,900 34,450 37,000 39,550 42,100
LOWER 35,750 40,850 45,950 51,050 55,150 .59,200 63,3.00 67,400
MEDIAN 44,700 51,000 57,400 63,800 68,900 74,000 79,100 84,200
MODERATE 53,600 61,300 68,900 76,600 82,700 88,900 95,000 101,100
How to Determine Affordable Rents or Sales Prices
To determine affordable rents or sales prices, follow these three steps: 1) find the "income group" in
Table 1, based on the number or persons in the household and gross annual household income; 2)
determine the number of bedrooms in the dwelling to be bought, rented or sold; and 3) Use Table 2 to
find the maximum affordable rent or sales price based on the income group and number of bedrooms.
When the number of persons in the household is not known, the City's affordability standards for both
rent and sales prices assume the following household sizes corresponding to the number of bedrooms
in the dwelling:
• Studio unit: use the income limit for a one-person household.
• One-bedroom unit: use the income limit for a two-person household.
• Two-bedroom unit: use the income limit for a three-person household.
• Three-bedroom unit: .
use the income limit fora four-person household
e Four-bedroom unit:
use the income limit for a five-person household
Affordable Rent Limits
The maximum monthly rents, ineluding eests ef tAilifies, to qualify as affordable housing are listed in
Table 2. For example, the maximum monthly rent cost for a two-bedroom dwelling which is
affordable to a lower-income household can be found in Table 2 by reading across the row labeled
"Lower, Maximum Monthly Rent" and then finding $861 under the column heading "2-Bedroom."
Rent limits are based on formulas set by State law (H&S Code 50053) and are computed as follows:
EXMBITA
2006 Affordable Housing Standards
Page 3
• For very-low income households: Affordable monthly rents shall not exceed 30% of 50% of the
annual median County household income for the number of persons expected to reside in the unit,
divided by 12, and adjusted for household/unit size.
• For lower-income households: Affordable monthly rents shall not exceed 30% of 60% of annual
median County household income divided by 12, and adjusted for household/unit size.
• For moderate-income households: Affordable monthly rents shall not exceed 30% of
100% of the annual median County household income divided by 12, and adjusted for
household/unit size.
Affordable Sales Prices
The maximum sales prices for affordable housing are based on a formula that accounts for what a
typical very-low income, low-income or moderate-income household can afford to pay for housing,
following established guidelines. Sales price limits are determined by multiplying the annual income
limit of the income group, adjusted for household size, by 2-4 3 for very-low and lower income
households;and by-3 3.$ for moderate income households, rounded to the nearest $25. For example,
the maximum sales price for a 2-bedroom dwelling would be 2.5 X $45,950 = $114,875 for a three-
person, lower-income household; and 3 X $68,900 = $206,700 for a three-person, moderate-income
household.
TABLE 2: 2006 RENT/SALES AFFORDABILITY STANDARDS
INCOME TENURE DWELLING SIZE
GROUP
STUDIO 1-BDRM 2-BDRM 3-BDRM 4-BDRM
VERY LOW MAXIMUM $560 $638 $718 $829 $925
MONTHLY_RENT $797 $861
MAXIMUM SALES cc� $6350 $92
PRICE $67,050 $76,500 $86,100 $95,700 $103,350
LOWER MAXIMUM $670 $765 $861 $995 $1419
MONTHLY RENT $957 $1,034
MAXIMUM SALES $89,375 $1Uz�3 $1}4,573 W2,750 $}4S^909
PRICE $107,250 $122,550 $137,850 $153150 $165,450
MODERATE MAXIMUM $1229 M'402 $};5:78 M'824 $2;033
MONTHLY RENT $1,118 _. $1275 $1435 $1y595 $1722
MAXIMUM SALES $160,800 $i 83,900 $206,700 $238,959 $266,,700
PRICE $187,600 $214,500 $241,150 1 $268,100 $289,450
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2006 Affordable Housing Standards
Page 4
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Long-term Affordability
Rental housing affordability is maintained through recorded agreements between a property owner and
the City, the Housing Authority of the City of San Luis Obispo, or another housing provider approved
by the City. These agreements shall specify: a) the maximum rents based on the same formula which
established initial rent levels as a condition of City approval, or other formula approved by City; b) the
term for which rental units must remain affordable; and c) terms under which affordability is
maintained after sale or transfer of the property. Affordable dwelling units must remain affordable for
a minimum of 30 years, or as otherwise required by State law.
There are two different approaches to maintaining long-term affordability: 1) the property owner
agrees to maintain the designated dwelling unit as affordable for at least 30 years; or 2) the property
owner agrees to participate in a "shared equity purchase program" as described in the City's
Inclusionary Housing Requirement. The decision on which approach to use is up to the affordable
housing developer. Under the long-term affordability program, the housing must remain affordable
for at least 30 years from the original date of sale or rental. Affordability terms are secured by a
promissory note and deed of trust, recorded on the property prior to or concurrent with the initial
occupancy (for rental units) or sale of the property. The promissory note is based on the monetary
difference between the property's initial purchase price and its initial market value, and is an
"affordability loan" or"silent second" payable to the City. The loan accrues interest at a rate set by the
City. Repayment of the affordability loan is waived as long as affordability requirements are met. For-
sale properties must be owner-occupied, and may be sold or otherwise transferred only to eligible
buyers and at prices deemed affordable under these standards. Upon resale, the City, its Housing
Authority, or a non-profit agency approved by the City, retains the first right of refusal to purchase
affordable properties at their then current appraised value. .
Under the equity-sharing program, the buyer of an affordable dwelling enters into an agreement with
the city guaranteeing affordability for at least 6 years after the initial date of sale. Upon resale of the
property, the agreement ensures that the City's equity share returns to the City for use in other
affordable housing developments. The City's equity share is based on the difference between the
property's market value and the actual price paid by the homeowner, divided by the market value; or
the amount of subsidy provided by the city, divided by the property's market value. Affordable units
sold before the sixth year are subject to an additional "Equity Recapture Fee" ranging from 25 to 100
percent of the property's equity. (For more information, refer to the Inclusionary Housing
Requirements, Ch. 17.91 of the San Luis Obispo Municipal Code)
dd/Lhousingprograms/2006affordablehousingstandards Rev.4/06 ` /�