Avoiding and Overcoming Neighborhood Opposition to Affordable Rental Housing

By Jaimie Ross, President and CEO, who needs rental housing, is based on research Florida Housing Coalition showing that fulltime low-income employed workers do not make enough money to pay for ot in My Backyard (NIMBY) connotes market rate apartments. Reports from credible objections made to stop the development entities that do not focus on affordable housing of affordable housing based on fear and can be used in addition to the reports prepared prejudice. NIMBY-ism presents a particularly N by housing organizations, such as the Out of pernicious obstacle to meeting local housing Reach Report and Home Matters Reports. Reports needs. The outcry from constituents expressing on housing prepared by non-housing advocacy concerns over the siting and permitting of organizations attract the attention of news affordable housing can lead to lengthy and hostile outlets and provide allies for the cause. public proceedings, frustrated Consolidated Plan implementation, increased development costs, Advocates should educate elected officials and property rights disputes. The consequence and the community at large to view affordable is less development and preservation of housing rental housing as a community asset or as at a time when the country is in desperate need infrastructure. Without an adequate supply of more rental housing. The resulting unmet of affordable rental housing, local businesses need for rental units leads to an increase in will suffer, and communities will lose essential homelessness. Overcoming opposition to workforce including teachers, first responders, affordable rental housing is key to producing and and hospital personnel. If there is a lack of preserving desperately needed affordable homes. affordable rental housing, workers will be forced to live far away from their jobs and will spend TOOLS FOR LOCAL SUCCESS more of their money on transportation and housing costs, leaving less money to invest in the Launch Education Campaigns local economy. Increased understanding of affordable rental Affordable rental housing should be viewed as housing and the positive impact it has on an essential infrastructure need for communities individuals, families, and the community at in the same vein as roads, bridges, parks, large is instrumental to gaining wide support. and sanitary water. When affordable housing The more informed the public, local government is viewed as infrastructure, it may also help staff, and elected officials are about the need advocates to gain approval for inclusionary for affordable rental housing and the benefits of housing policies, whereby affordable rentals are avoiding housing insecurity and homelessness, produced concurrent with market rate housing. the more leverage advocates will have to advance This has the double benefit of producing more the development of affordable rental homes. affordable housing and overcoming NIMBY Advocates should make use of credible research opposition, as the developer can respond to and local data to support their message. neighborhood opposition, if any, by explaining Anecdotal information about particular residents that the affordable housing component of the and the success of previous developments goes development is a local government requirement. a long way in a public education effort. There are many resources available to help in an Garner Support from a Broad Range of Interests education campaign. The ALICE Report (Asset Advocates should ask members of the business Limited, Low-Income, Constrained, Employed) community, clergy, social service agencies, and by United Way, which busts the myths about others who would be well received, to stand with

2–40 2019 ADVOCATES’ GUIDE them in advancing affordable housing goals. for employee housing, while another may be State and local business chambers and economic moved by hearing from local clergy about the development councils are increasingly adopting needs of homeless veterans, elders, and people workforce housing as a legislative priority. with disabilities. Whenever possible, advocates These supporters can be helpful in making the should invite elected officials to visit completed connection between housing development and developments and should share credit with them other community concerns. For instance, local at ribbon cuttings and when speaking with the chambers can speak to the need for workforce media. Whether advocates can meet with elected housing and members of the local school board officials regarding a pending approval depends or parent advisory committees can attest to the upon the ex parte rules in each jurisdiction. If imperative need for stable rental housing to advocates discover that community opposition support children’s success in school. Potential is meeting with elected officials about a beneficiaries of the development, including development, advocates should try to do the future residents, may also be effective advocates. same.

The media can be a crucial ally; whenever Address All Legitimate Opposition advocates foresee a potential NIMBY problem, The key to overcoming community opposition is it is best to contact the media right away so that addressing the opposition’s legitimate concerns. they understand the development plans, the Legitimate, non-discriminatory concerns public purpose, and the population to be served around issues like traffic or project design before they hear neighborhood opposition. may lead the affordable housing developer to Educate Elected Officials adjust a proposed development. For example, modifying the location of an entrance driveway Once a NIMBY battle ensues, it is often too late to or modifying the design of the building to ensure educate. Advocates should anticipate the value of that the affordable rental development fits within and the need to build relationships with elected the aesthetics of the existing community may officials and their staff members before a NIMBY be changes worth making, even if they come issue arises. It is imperative to underscore with an increase in cost. It is always wise for the importance of affordable housing and the the affordable housing developer to work with consequences of not having enough rental the neighbors and be able to report to the local housing, such as homelessness, so that elected elected body that they have done their best to officials make the connection between adequate address the concerns of the opposition. rental housing and the economic health of the entire community. Embracing affordable Property values are often at the root of rental housing as a community asset and as an neighborhood opposition. Yet, virtually without essential infrastructure need helps shape the exception, property value and affordable vision of a successful affordable housing strategy housing research finds no negative effect on and maximizes community potential. When neighboring market rate property values. In residents come out in force to oppose lower- fact, in some instances, affordable housing has priced housing in their neighborhoods, it will increased the value of neighboring property. In help elected officials overcome any opposition November 2016, Trulia released a report, There knowing that workforce housing is a critical part Doesn’t Go the Neighborhood: Low-Income Housing of the community’s infrastructure. Has No Impact on Nearby Home Values, adding fresh data to the large body of research showing Advocates should include allies in the education that affordable housing does not decrease process. Learning about elected officials’ neighboring property values. interests will help inform advocates of the best allies to bring to meetings. For example, The critical point is this: once all legitimate one elected official may be more inclined to concerns are addressed, if opposition persists, it hear from local businesses about the need can be stated with certainty that the opposition

NATIONAL LOW INCOME HOUSING COALITION 2–41 is illegitimate and is therefore inappropriate, protected class in its fair housing law. Decision arbitrary, capricious, or unlawful for the local makers and their staffs must be aware of government to consider in making its land use the law if it is to be helpful to the cause. The decision. The unlawfulness of the opposition expansion of State Fair Housing Protections to may be a violation of fair housing laws and in include affordable housing in Florida has been violation of the substantive due process rights successful because housing advocates have afforded by the 14th Amendment to the U.S been conscientious about ensuring that local Constitution, as explained below. government lawyers know about the statutory change. It is now commonplace in Florida for Know the Law and Expand Legal Protections a city or county attorney to inform the elected The federal “Fair Housing Act” is not new. body during a heated public hearing that they Advocates should view neighborhood opposition will run afoul of the state’s fair housing law if through the lens of fair housing and fundamental they deny an affordable housing developer’s rights. If all legitimate concerns have been application. addressed, it is likely that thwarting the affordable rental development violates federal Avoid Unnecessary Approvals fair housing law and/or the 14th Amendment. The greater the number of land use and development approvals that require a vote by Under 14th Amendment jurisprudence, local the elected body, the more opportunities there officials must have some rational, police will be for neighborhood opposition. Two ways power-based (public health, safety, or welfare) to avoid unnecessary approvals are (1) “by purpose for exercising development decisions. right” development and (2) approvals made at Individuals have a fundamental right to fair and the staff level rather than at a public hearing. In non-arbitrary land use decisions. Courts have Los Angeles, neighborhood opposition for siting held that the public’s negative attitude, or fear, supportive housing led advocates to push for a unsubstantiated by factors that are properly local code change to permit supportive housing cognizable in a development proceeding, are on property zoned for public facilities, removing not permissible bases for land use decisions. If the requirement for a zoning change in certain a local government denies an affordable rental circumstances, and thereby reducing the threat housing development due to illegitimate political of neighborhood opposition. or otherwise irrational motives not based on rational evidence, its decision may be challenged To encourage “by right” affordable rental under the “Civil Rights Act of 1871” (42 U.S.C. housing development, advocates should fight for § 1983) for violating the affordable housing zoning codes that contain predictable standards developer’s substantive due process rights. As for development with quick administrative advocates, we can help local elected officials review, reducing the opportunity for community avoid liability by providing education about the pushback. There must be a balance between protections provided by fair housing law and the public input at the outset while also giving affirmative duty that government must safeguard affordable housing developers the predictability fair housing. needed to carry out their projects without delay. Advocates can push for state or local Restrictive zoning, particularly single-family discrimination laws that make it harder for zoning, creates a high hurdle for affordable NIMBY-ism to prevail. For example, in 2000, the housing. In December 2018, Minneapolis, “Florida Fair Housing Act” (the state’s substantial Minnesota became the first major city in the equivalent to the federal “Fair Housing Act”) United States to adopt a plan to allow up to three was amended to include affordable housing dwelling units on a single family lot in areas as a protected class (Section 760.26, Florida zoned for single-family only housing. This will Statutes). In 2009, North Carolina adopted a allow duplex and triplex rental housing in what similar statute to add affordable housing as a would otherwise be an exclusively single-family

2–42 2019 ADVOCATES’ GUIDE homeownership area. Upzoning policies such Property Value Studies as these remove the obligation for an affordable There Doesn’t Go the Neighborhood: Low-Income housing developer to seek land use changes Housing Has No Impact on Nearby Home Values: on a case-by-case basis that typically invites https://www.trulia.com/blog/trends/low-income- NIMBY-ism. If clear and predictive development housing/ standards are implemented from the outset, there will be less NIMBY-ism on the back-end. Documents and Websites on Affordable Housing and the Relationship to Property Values: http:// FOR MORE INFORMATION www.hcd.ca.gov/community-development/ community-acceptance/index/docs/prop_value. Managing Local Opposition through Education pdf and Communication “Opposition to Affordable Housing in the Effects of Low-Income Housing on Property USA: Debate Framing and the Responses Values: https://www.nar.realtor/effects-of-low- of Local Actors”: https://www.researchgate. income-housing-on-property-values# net/publication/263225197_Opposition_to_ Additional Examples of State Laws Affordable_Housing_in_the_USA_Debate_ California law bars state-sponsored Framing_and_the_Responses_of_Local_Actors discrimination in residency, ownership, and land The Original NPH Toolkit: http:// use decisions based on the method of financing nonprofithousing.org/resources/the-original- and the intended occupancy of any residential nph-toolkit development by persons who are very low-, low-, California Department of Housing and moderate-, or middle-income. CA: Cal Gov. Code Community Development: http://www.hcd. S. 65008 (1984). ca.gov/community-development/community- Washington law provides that “A city, county, or acceptance/index.shtml other local governmental entity or agency may “Myths and Facts About Affordable and High not adopt, impose, or enforce requirements on Density Housing”: http://www.hcd.ca.gov/ an affordable housing development that are community-development/community- different than {sic} the requirements imposed acceptance/index/docs/mythsnfacts.pdf on housing developments generally.” WA: RCW 36.130.020 (2008).

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