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Housing Programs 13 Overview Ousing—And Affordable Housing Hin Particular—Is in Short Supply in Many Parts of the State

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Housing Programs 13 Overview Ousing—And Affordable Housing Hin Particular—Is in Short Supply in Many Parts of the State Statutory Authorization: 24 V.S.A. Chapter 113; Chapter 117 §§4432, 4433 Type: NONREGULATORY Related Topic Areas: Community & Economic Development; Housing Regulations Housing Programs 13 Overview ousing—and affordable housing Hin particular—is in short supply in many parts of the state. It’s becom- ing difficult for an increasing number of Vermonters, including renters and first-time home buyers, to find suit- able places to live near jobs and serv- ices. Many local employees—for example, municipal workers, teachers, and health-care and service providers—cannot afford to live in the communities where they work. Long commutes are common and, with rising fuel prices, increasingly costly. The lack of affordable housing also affects job recruitment and retention. Over much of Vermont’s history, Housing programs, such as community land trusts and dedicated funding sources, can be critical to building housing on infill sites within older neighbor- local governments were solely respon- hoods, where the complications of permitting and construction can reduce in- sible for the care and housing of the terest from the private sector. Once neighborhoods start to turn around, poor, giving rise to a statewide system developers will often jump in to build additional units. of locally funded “poor farms.” These uals who could not support them- grams, until very recently, focused on establishments housed transients and selves. Poor farms were never pleasant providing safe and sanitary housing indigent, elderly, and disabled individ- places to live but were viewed at the for low-income tenants, including the time as a humane and cost-effective elderly and disabled. Market rate way to address very real housing housing development was left to the Affordable Housing needs. The local poor farm system private sector, subject to state and Definition was phased out beginning in the local regulation. 24 V.S.A. §4303 1930s under federal and state relief Vermont’s housing market has Housing that is owned or rented programs and was eliminated by the gone through several boom and bust by its inhabitants, whose gross state in 1967 with the passage of the cycles, generally following national annual income does not exceed 80 Social Welfare Act. The last poor trends. As a result, planning has had percent of the county median farm, in Sheldon Springs, closed to address both housing shortages income, or 80 percent of the stan- dard metropolitan statistical area in 1968. and the impacts of residential devel- income (where applicable), as Interest in improving local housing opment on local communities. Af- defined by the U.S. Department of then took other forms. Beginning in fordable housing development and Housing and Urban Development, the 1950s, several larger Vermont mu- growth management are not mutually and the total annual cost of housing nicipalities undertook, with federal as- exclusive, as evidenced in the creation is not more than 30 percent of the sistance, sometimes controversial of the Vermont Housing and Conser- household’s gross income. Housing urban renewal projects to relieve vation Trust Fund in 1987. costs for homeowners include princi- pal, interest taxes, insurance, and neighborhood slums and blight. Soon Municipal plans adopted under the condominium association fees. For after state-enabling legislation went Vermont Planning and Development renters, costs include rent, utilities, into effect in 1961, local housing au- Act (24 V.S.A. Chapter 117) are re- and association fees. thorities were created to access federal quired to include a section on housing housing funds. Public housing pro- that recommends a program for Implementation Manual • Housing Programs • 2007 • www.vpic.info VERMONT LAND USE EDUCATION & TRAINING COLLABORATIVE 13-1 “addressing low and moderate income Fair-Housing Standards • Auditing and testing programs that persons’ housing needs, as identified Fair housing is defined as the right target specific parties or groups and by the regional planning commission” using trained auditors to investigate to equal opportunity in rental, sale, (§4382). Local efforts to both provide and financing of housing under and uncover discriminatory practices for possible enforcement. and regulate housing must conform federal, state, and local laws. The to the municipal plan. They must also Federal Fair Housing Act was origi- • Developing land use policies and nally enacted as part of the Civil regulations that promote affordable meet federal and state fair-housing Rights Act of 1968 and makes it illegal housing by eliminating regulatory standards that prohibit exclusionary to discriminate on the basis of race, barriers (for example, overly restric- or discriminatory practices (see side color, religion, national origin, sex, fa- tive limitations on higher-density bar). This paper describes housing milial status, and disability. Vermont’s housing development), providing in- programs that can be undertaken by centives (for example, density Fair Housing Act is similar to federal municipalities, typically in partnership law, with four additional protections: bonuses or waivers of standards and fees), requiring affordable housing with other groups. A related topic marital status, age, sexual orientation, paper provides guidance on local and receipt of public assistance. development (for example, inclusion- This act protects everyone from ary zoning), or by directly building or housing regulations. discriminatory or exclusionary housing subsidizing affordable housing de- practices. Municipal activities that velopment. Housing Task Forces affect housing, including one or more • Developing programs that increase of the following, trigger fair-housing geographic choice in housing (such and Commissions responsibilities: as regional housing listings, job and housing search assistance, and Though planning commissions are Regulatory Activities, for example, responsible for preparing housing zoning regulations and housing rental voucher programs) that codes. provide housing choices over an ex- plans and related regulations, many Provision of Services, including panded geographical area. municipalities appoint housing task routine services provided to residen- • Developing programs that promote forces or commissions that focus tial neighborhoods or individual the desegregation of public housing. more specifically on community All communities have fair-housing residents. housing issues. Local housing groups Provisions of Subsidies, including fi- responsibilities whether or not state or federal funding is involved. Any activ- generally serve in an advisory capacity nancial incentives (grants, loans, to the legislative body, planning com- loan guarantees) or special services ity that results in discrimination, re- (special infrastructure projects or gardless of intent, can be found in mission, and other local boards and housing rehabilitation services) to violation. Care must be taken in the may also conduct studies, educational residential property owners and management and administration of programs, and public awareness cam- residents. local housing programs and paigns to help address identified Proprietary Activities, for example, regulations. housing needs. Complaints under federal fair- when a municipality buys or sells Some housing task forces are residential property. housing laws may be filed with the U.S. Department of Housing and short-term, ad hoc groups appointed Municipalities that receive federal to oversee a particular housing study and state housing funds, such as Urban Development (HUD) or in law- Community Development Block suits in federal court. At the state or initiative. Others, such as the Grants, must certify that they are level, complaints may be filed with the Montpelier Housing Task Force, are acting to “affirmatively further fair Vermont Human Rights Commission. longstanding. Housing groups to be housing.” Related activities may The Fair Housing Project of the effective often draw their membership Champlain Valley Office of Economic include: from local residents, businesspeople, • Conducting public education and Opportunity (CVOEO) also provides education, outreach, and enforcement and professionals with interests or ex- outreach programs, including pro- pertise in housing issues, including grams that counteract public resist- of fair-housing laws, by conducting ance to affordable housing (for studies on rental and sales practices, housing advocates and providers, example, NIMBYism). investigating complaints, and assisting landlords, realtors, developers, and • Monitoring the practices of local victims and attorneys involved in liti- tenant and homeownership groups. lenders, housing providers, land- gation. Chapter 117 now provides for the lords, and realtors. creation of more formally constituted • Adopting a local fair-housing ordi- Source: Adapted from The Basics of Fair housing commissions or committees nance that is consistent with federal Housing and Examples of Activities to Affirma- to assist the planning commission and and state law or, in communities that tively Further Fair Housing, Vermont Association lack local resources, assisting the of Planning and Development Agencies (April legislative body to prepare, adopt, and state in the enforcement of federal 2002). implement the housing section of the and state requirements. municipal plan (§4433). A housing commission may be created at any Implementation Manual • Housing Programs • 2007 • www.vpic.info VERMONT LAND USE EDUCATION & TRAINING COLLABORATIVE 13-2 trends,
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