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To: Housing and Homelessness Commissioners From: Sarah Flax, Housing and Grants Administrator Savannah Clement, Housing Policy and Planning Analyst Subject: March 3, 2016 HHC Meeting Cover Memo Date: March 1, 2016 Attached please find: The meeting agenda Item 2: Draft minutes of the February 4, 2016 meeting for approval Item 4: Handyman Program request for renewal funding from the Affordable Housing Fund for 2016 Item 5: Affordable Housing and Demolition Tax Ordinance with visible track changes Considerations for demolition tax: After initial research, it seems most demolition tax examples are from other Chicago suburbs modeling the Evanston demolition tax. Two examples from outside of Chicago are Seattle, WA, and Portland, OR. Seattle’s demolition tax is lower than Evanston’s, at $5,000 for a single family home, and $2,500 per unit in a multifamily development, up to $25,000. Portland proposed a new demolition tax in 2015 that would have required $25,000 per unit for single family homes only, plus $25 for every year since the house was built, in an effort to deter teardowns. However, this proposed tax was not successful. It should also be noted that demolition taxes are not a significant source of revenue generation for housing funds. In Evanston, the demolition tax has created about $200,000 in collective revenue since 2011. Staff recommends raising Evanston’s demolition tax in order to increase revenue generation for the Affordable Housing Fund. We look forward to seeing you on March 3. Memorandum

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To: Housing and Homelessness Commissioners From: Sarah Flax, Housing and Grants Administrator Savannah Clement, Housing Policy and Planning Analyst Subject: March 3, 2016 HHC Meeting Cover Memo Date: March 1, 2016

Attached please find:

The meeting agenda

Item 2: Draft minutes of the February 4, 2016 meeting for approval

Item 4: Handyman Program request for renewal funding from the Affordable Housing Fund for 2016

Item 5: Affordable Housing and Demolition Tax Ordinance with visible track changes

Considerations for demolition tax: After initial research, it seems most demolition tax examples are from other Chicago suburbs modeling the Evanston demolition tax. Two examples from outside of Chicago are Seattle, WA, and Portland, OR. Seattle’s demolition tax is lower than Evanston’s, at $5,000 for a single family home, and $2,500 per unit in a multifamily development, up to $25,000. Portland proposed a new demolition tax in 2015 that would have required $25,000 per unit for single family homes only, plus $25 for every year since the house was built, in an effort to deter teardowns. However, this proposed tax was not successful. It should also be noted that demolition taxes are not a significant source of revenue generation for housing funds. In Evanston, the demolition tax has created about $200,000 in collective revenue since 2011. Staff recommends raising Evanston’s demolition tax in order to increase revenue generation for the Affordable Housing Fund. We look forward to seeing you on March 3.

Memorandum

Order & Agenda Items are subject to change. Information about the Housing and Homelessness Commission is available at: www.cityofevanston.org/government/boards-commissions. Questions may be directed to Sarah Flax at 847.448.8684. The City of Evanston is committed to making all public meetings accessible to persons with disabilities. Any citizen needing mobility or communications access assistance should contact Sarah Flax at 847.448.8684. La ciudad de Evanston está obligada a hacer accesibles todas las reuniones públicas a las personas minusválidas o las quines no hablan inglés. Si usted necesita ayuda, favor de ponerse en contacto con la Oficina de Administración del Centro a 847/866-2916 (voz) o 847/448-8052 (TDD).

HOUSING AND HOMELESSNESS COMMISSION

Thursday, March 3, 2016

7:00 PM

Lorraine H. Morton Civic Center, 2100 Ridge, Room 2402

1. CALL TO ORDER / DECLARATION OF QUORUM A. Introduce Savannah Clement, as Housing Policy and Planning Analyst 2. APPROVAL OF MEETING MINUTES February 4, 2016 3. PUBLIC COMMENT

4. HANDYMAN PROGRAM REQUEST FOR RENEWAL FUNDING FROM THE AFFORDABLE HOUSING FUND FOR 2016

5. AFFORDABLE HOUSING FUND PURPOSE AND USES DISCUSSION A. Use of Demolition Taxes to Fund Affordable Housing in Other Communities

6. OTHER 2016 WORK PLAN ITEMS B. Zoning Changes to Allow Rental of Coach Houses/Accessory Dwelling

Units

7. NEW BUSINESS 8. STAFF REPORTS 9. ADJOURNMENT

Next Meeting: April 7, 2016 at 7 PM in Room 2402.

J. Savannah Clement, J.D. 2245 West Barry Avenue, Apt 2B

Chicago, IL 60618 (614) 937-2080

[email protected]

EDUCATION ______ ____________ _____________________ The John Marshall Law School August 2009 – July 2012 Juris Doctor

Ohio University, Athens, Ohio September 2002 – March 2007 Major: Political Science

Minor: Spanish Study Abroad Experience Mérida, México

SKILLS_________________________________________________________________________________________ Computer – Microsoft Word, PowerPoint, Excel, Outlook, Publisher, Adobe, Salesforce

Language – Conversational Spanish Other – Meeting facilitation, community organizing, advocacy, writing, research and analysis, grant writing

WORK EXPERIENCE ____________________________ Latino Policy Forum June 2014 - Present Housing Manager Chicago, IL In addition to previous duties as Housing Policy Analyst, I now:

Manage the housing department, including the department’s budget

Foster relationships with new and existing funders; write grant proposals

Sit on various committees to provide expertise on housing issues as they relate to Latinos Latino Policy Forum March 2012 – May 2014 Housing Policy Analyst Chicago, IL

Research and analyze data around policy issue areas, and draft fact sheets and write-ups on policy areas

Advocate for housing policy changes within government agencies and systems

Manage and convene a coalition of housing organizations to achieve policy goals Predatory Home Lending Law Class HUD Grant June 2011 – September 2011 Work with Latino Policy Forum and Spanish Coalition for Housing Chicago, IL

Complete research on public housing, foreclosures, the Neighborhood Stabilization Program

Discover evidence of disparities between Latinos and non-Latinos in housing Echo Global Logistics September 2008 – January, 2010 Regional Account Manager Chicago, IL

Establish and maintain client relations

Manage accounts by performing operational and accounting processes Tribune Company January 2008 – August, 2008 Account Representative Chicago, IL

Create unique product combinations and solutions to meet each client’s individual needs

Grow client base: overcome objections and close new accounts; maintain existing accounts Ohio Department of Commerce March 2007- August 2007 Executive Administrative Assistant Columbus, OH

Accountable for corresponding with the director, legislators, and other state officials on issues and constituents

Act as liaison between department director and various government officials VOLUNTEER/INTERN EXPERIENCE______ ____________ _______________________

Law Office of the Cook County Public Defender January 2012 – May 2012 Post Conviction and Innocence Claims Externship The John Marshall Fair Housing Legal Clinic August 2011 – December 2011 Clinical Intern Lawyers’ Committee for Better Housing February 2011 – May 2011 Practicum work for Predatory Home Lending Law class Mortgage Foreclosure Mediation Program January 2011 – May 2011 JusticeCorps Volunteer Global Volunteer Network May 2010 Reforestation in the Peruvian Amazon Amnesty International September 2007 – December 2007 Midwest Regional Office Intern Ohio State Senate November 2006 – January 2007 Intern

DRAFT

Page 1

MEETING MINUTES HOUSING & HOMELESSNESS COMMISSION

Thursday, February 4, 2016, 7:00 P.M. Lorraine H. Morton Civic Center, Room 2402

Present: Chair Suzanne Calder, Sidney Caselberry, Noelle Gilbreath, Sandra Hill, Moika Long, Geri Palmer, Ald. Mark Tendam,

Absent: Vice Chair Ellen Cushing, Rick Morgan, Heather Soto

Staff: Sarah Flax, Housing and Grants Administrator ________________________________________________________________

Call to Order and Declaration of Quorum Chair Calder called the meeting to order at 7:07 PM with a quorum present.

Approve Minutes of November 20, 2015 meeting Ald. Tendam moved approval of the minutes, Sandra Hill seconded the motion and it was approved unanimously. Public Comment Willie Gregory and Vina Gerber explained that the current Leadership Evanston program has an affordable housing project that they are part of and they are here to observe relating to that work. They thanked the commission for its work to address affordable housing needs in Evanston. Affordable Housing Fund Purpose and Uses Discussion Chair Calder opened the discussion and noted that the purpose of the fund does not encompass the range of housing-related activities for which the Housing & Homelessness Commission (HHC) is responsible. It was agreed that the Purpose should mirror the current purpose of the HHC, which includes addressing homelessness. Ald. Tendam questioned if short-term rent subsidies similar to emergency assistance provided by the General Assistance office could be considered as an eligible use; it was agreed that this would fall under the broad definition as a Housing Program. A regular review of all fees should be included in the ordinance; the methodology/basis used to evaluate fees should be in the policies and procedures rather than the ordinance to facilitate this. Other revisions discussed include:

Changing title to Affordable Housing Fund, with the Demolition Tax either in a separate ordinance or identified as one funding source for the AHF

Raising the income limit to 120% of AMI, consistent with the IHO

Adding housing services, case management, acquisition, pre-development costs, homeless shelters, transitional housing, administration, compliance and reporting to the list of eligible uses

Link funding priorities to current housing plans rather than stating a percentage of funds to be used for specific income levels. This could be the 5-year

DRAFT

Page 2

Consolidated Plan, which would result in a periodic review of needs and priorities

Change percent of gross income for ownership to 31% from 33%, based on federal qualified mortgage standard

Review and better define demolition description – how is 50% or more of structure determined?

Adjust relevant household description based on IHO

Consider “demolition fee” rather than “demolition tax.”

Review and clarify section 4-18-4 (A)Tax Deferral Option

Evaluate whether section 4-18-4 (B) should be revised or eliminated based on current requirements for diversion of materials from demolished structures from landfills

Review section 4-18-4 (C) Deferral of the tax if parcel is no longer buildable Staff will work with Legal to draft revised text per the above for the commission’s review. Other 2016 Work Plan Items Chair Calder noted that additional sources of funding for affordable housing, including increasing the demolition tax, would be on the March agenda, as well as zoning changes to allow rental of coach houses/accessory dwellings. Staff will research demolition tax amounts in other communities and rental policies for coach houses/accessory dwellings. Ald. Tendam said the HHC should add revision of the City’s occupancy standards (three unrelated) to its 2016 work plan. He will follow up with Ald. Wilson regarding his work on that topic and provide information to the commission. New Business The Commission’s 2015 Report was discussed. Corrections included bullet point formatting and deletion of duplicate information. Sidney Castleberry moved approval of the report as amended, Ald. Tendam seconded the motion and it was approved unanimously. Staff will forward the corrected report to the City Manager’s office. Chair Calder reported on a meeting with Pastor Betty Landis, St Paul’s Lutheran Church, and their work with Interfaith Action to provide emergency shelter. The church opened four times when the temperature was 5 degrees, serving 28-29 people per night. More women are coming to the shelter, mirroring a report on the growth of homelessness among women overall. For the next two months, they will meet on Sunday night and determine which night that week they will be open based on weather predictions. This year, the overnight shelter is contracting out laundry services, taking the burden off volunteers. They are exploring developing a PADs program at Interfaith, working with churches in the Lake Street area and also farther north. Pastors are enthusiastic but have not discussed with their congregations. They plan to form a group to work on this, and would like a representative from the City involved, as well as someone from Northwestern University. They plan to talk with the Chamber of Commerce about getting

DRAFT

Page 3

donations such as vouchers for coffee for the homeless. Northminster Presbyterian Church reports an increase of people asking for financial support through their fund. She will stay in touch with Rev. Landis and keep the HHC apprised of work on this initiative. Staff will contact Family Promise to see if they are involved in the PADs discussion. . Staff Reports Staff reported that a renewal application for the Handyman program would be on the HHC agenda in March. In addition, staff is evaluating the HOME funded TBRA program and developing a recommendation for next steps. The City has approximately $75,000 in HOME funds that need to be committed to a project or program by June 30, 2016. Staff noted that the City expected to fill the Housing Planning and Policy Analyst position in the next month. Adjournment The meeting was adjourned at 8:27 PM. The next scheduled meeting of the commission is Thursday, March 3 at 7PM in room 2402. Respectfully submitted, Sarah K. Flax, Housing and Grants Administrator

To: Housing and Homelessness Commission From: Sarah Flax, Housing and Grants Administrator

Savannah Clement, Housing Policy and Planning Analyst Subject: Handyman Program Date: February 29, 2016 Recommended Action Staff recommends approval of a not to exceed $50,000 grant from the City’s Affordable Housing Fund for the 2016 Handyman Program. The Handyman Program makes small but important repairs to housing units occupied by low- and moderate-income seniors that enable them to live safely in their homes. The City changed the funding source for the Handyman program from Community Development Block Grant (CDBG) to the Affordable Housing Fund in 2015 due to changes in regulatory requirements of CDBG that made it infeasible for funding from that source. Funding Source: The funding source is the City’s Affordable Housing Fund, 250.21.5465.62490. The Affordable Housing Fund has an approximate cash balance of $900,000. Discussion The City of Evanston, Parks, Recreation and Community Services Department manages the Handyman program, a minor home repair and maintenance assistance program for homeowners and renters age 65 and older with incomes ≤ 80% of the area median income in Evanston, the majority of whom reside in west and south Evanston. Staff coordinates intake and determines eligibility for the program as part of the Senior Benefits Card program and contracts for the actual handyman services. Affordable Housing Fund dollars pay only for the contracted labor and materials. Evanston residents contact the City’s Senior Services office at the Levy Senior Center directly or are referred by community organizations that serve older adults, who complete a referral form that is e-mailed to the contract Handyman, Sam Goss, an Evanston-based contractor who was competitively selected. The Handyman program was CDBG-funded for over 20 years, but regulatory changes, including requiring environmental reviews for all rehabs and the disqualification of very small scale repairs as eligible expenses in the Housing category, made it infeasible to continue to fund this small but important program with CDBG. Additional information on the Handyman program may be found in the attached request for funding.

Memorandum

Page 2

2016 APPLICATION FORM

Affordable Housing Fund

AGENCY: City of Evanston

PROGRAM NAME: Handyman Program

CONTACT PERSON: Audrey Thompson

TELEPHONE: 847-448-8173

EMAIL: [email protected]

ADDRESS: 300 Dodge Ave., Evanston, IL 60030

AMOUNT REQUESTED: $50,000

PROGRAM DESCRIPTION

1. Provide a summary of your program, including the need(s) that it addresses. How long has your

program existed and how has it grown or changed? How long do you expect to continue providing

this service?

The City of Evanston Senior Services Department provides a Handyman Program for eligible seniors.

The Program provides minor repair and maintenance services in the homes or apartments of its

seniors so they may remain safely in their residences. The Handyman Program performs very

small scale housing rehab/repair jobs that increase safety, reduce energy and water usage and help

low-income seniors age in place. This program has served seniors for nearly 20 years.

Initially, after seniors met the eligibility criteria, Senior Services staff coordinated services through

an outside provider (CEDA) for scheduling and completion of repairs. For over two years, the City

has contracted with its own Handyman which eliminates an additional step in the coordination of

services. Therefore, the Handyman and Senior Services staff persons are able to have more dialogue

regarding additional needs of the senior, needs that go deeper than simple housing repairs. This

coordination continues when the Handyman is actually in the home and can see a need for other

programs and services and communicates that information back to the staff. Our goal is to ultimately

protect and keep our most vulnerable population safe.

2. Who participates in or benefits from your program or services? Describe them in terms of age,

gender, race/ethnicity, family status, income level and other relevant or defining characteristics.

Detail any eligibility requirements.

This program is limited to serving seniors, 65 years or older who are heads of households and whose

household income does not exceed 80% of the area median income. Seniors are income qualified

through the Evanston Benefit Card program. During the last reporting cycle, of the 118 seniors who

received services, 101 were females who were head of households, 99 were African American, 2

Asian, 1 Hispanic and 16 Caucasian.

3. What other agencies or programs address this need, how do you collaborate with them to avoid

duplication of services, and what successes and challenges have you experienced? What sets your

services apart from others? (Include agencies that serve Evanston residents but are not located here.)

City of Evanston Community Development Department provides larger scale rehabilitation programs

for income eligible residents through the CDBG funded Housing Rehab program. Senior services and

Housing Rehab staff communicate regularly to provide referrals when one program does not meet the

needs of residents and an appropriate referral can be made to the opposite program.

The major differences for the above programs are the following: 1) scale of projects undertaken by

the two program is very different, with the Handyman projects up to $250 while Housing Rehab

projects are substantial rehab up to $50,000; 2) paperwork and compliance processes necessary to

qualify for the programs is very different, with Housing Rehab being much more complex; 3)

Housing Rehab program uses zero percent interest loans while Handyman program is a grant; and 4)

nature of work undertaken by each program is very different because the Handyman Program also

provides services such as gutter cleaning and installation of window air conditioners that are not

eligible expenses of the Rehab program. In addition, once the senior qualifies for the Evanston

Benefit Card and meets the criteria for the Handyman Program, they do not have to be re-qualified;

CDBG requires that recipients’ incomes be qualified within six months of the time work is

undertaken.

There are no services in the surrounding areas that provide anything close to the services provided by

the Handyman Program. When staff persons have found anything resembling this Program, service

only provides referrals to a reputable Handyman but not the actual completion or payment of those

services.

4. Discuss the need for this type of service including:

existing level of services

how the need has changed over the past two to three years,

the gaps in providing this service

Due to the major mail out in October of 2015 to ensure residents are aware of the Handyman

Program, how to qualify and request services, as well as what services are provided by the Program,

Senior Services staff members have been inundated with calls. Because the City has only one

Handyman, during times when the City receives a very large number of referrals, a waiting list is

produced.

In the last year, the need for services has increased due to more seniors who want to age in place and

need simple repairs and services completed in order to remain in their homes. So many seniors do not

have anyone who can provide even simple repairs, nor can they afford these repairs. Therefore, the

City is seeing a growing demand for help in the past couple of years. In addition to this change, in

2015 the City changed the source of funding for the Handyman Program to the Affordable Housing

Fund from CDBG in order to provide critical services needed by seniors that were not eligible under

CDBG, as explained above. Finally, due to additional procedures to ensure that more seniors are able

to use the Program, the Handyman Program has seen more services provided to unduplicated numbers

of seniors rather than the same seniors requesting services over and over again. City staff will

continue to make sure that more eligible seniors are able to utilize the services of the Program.

In 2016, the City plans to install smoke and carbon monoxide detectors in all homes that receive

Handyman Services on an as needed basis. In many instances, seniors do not have one or both of

these detectors, which are required by City code. Many seniors do not prioritize these life safety

improvements and resist their installation if the cost will be counted against their $250 annual

spending cap. In order to address this, the Ombudsman will work with the Fire Department to

negotiate a bulk purchase of detectors. If a home does not have appropriate detectors, installation will

be required but the cost will not be debited from the clients’ spending cap. This will increase safety

and security for our most vulnerable residents.

5. Complete the chart below with the unduplicated total of people you expect to serve in 2016, number

that are low/moderate income, and the number of them that are Evanston residents. If an existing

program, provide the same numbers for 2015.

125 Unduplicated Evanston residents to be served in 2016

125 Unduplicated low/moderate income Evanston residents to be served in 2016

118 Unduplicated Evanston residents to be served in 2015

118 Unduplicated low/moderate Evanston residents to be served in 2015

6. Describe your program. Be specific about the activities/services provided, days/times of services and

the frequency/duration of service for the average participant. Is there a wait list? If yes, explain its

size and the length of wait time.

Handyman Services are provided 7 days a week and scheduled at a mutually convenient time for the

senior and Handyman. There is generally a wait time of 4 weeks and emergency services are not

provided. The following is a list of services provided by the Program:

Repairs/deferred maintenance (functionality/energy efficiency/safety):

Fix kitchen and bathroom cabinets and drawers

Fix doors/hinges that don’t open or close completely, including sliding doors

Repair/replace broken window panes (window replacement and thermo panes excluded)

Winterize/caulk windows to reduce drafts

Re-attach existing down spouts

Repair/replace door knobs/locks

Clean gutters, weather permitting (single story home only)

Install smoke detectors

Install carbon monoxide detectors (includes check of furnace filter)

Reattach dryer vents

Install storm or screen windows

Install or take out window air conditioners

Cover or remove cover from window air conditioners

Plumbing (water saving/safety):

Install new/flexible showerheads

Repair/replace leaking faucets, handles, stoppers in bathroom & kitchen sinks

Simple toilet repair (water not shutting off, etc.)

Caulk tub and surrounding tile/enclosure

Repair/replace loose or damaged toilet seat

Fix/replace kitchen faucet sprayer

Unclog blocked plumbing (excluding main lines)

Electrical (functionality/safety):

Repair ceiling fan

Install/check outdoor flood lights, including motion sensors

Fix/replace faulty light switches/pull chains and covers

Repair/replace outlets and covers

Replace damaged light sockets in ceiling fixtures

Troubleshoot garage door opener (excluding garage door repairs)

Adaptive/Assisted Devices (functionality/safety):

Install grab bars and/or hand railings

Secure loose carpeting (tripping hazard)

Install safety strips on stairs in bathtubs

Install bath bench

Install raised toilet seat

Procedures for the program are as follows: 1) To request Handyman Services, please contact Senior Services at 847-448-8696 or

[email protected].

2) A phone assessment will be completed by Senior Services staff and forwarded to Sam Goss and

Associates, the City of Evanston Handyman Program provider. Please note, the Handyman will

only complete minor repairs that meet the goal of providing safety and functionality for seniors

to remain in their homes. A list of these repairs is included with this letter. Only the items

provided on this list are eligible for repair, installation, etc. If you are in need of services outside

the scope of the Handyman Program, you may qualify for additional programs provided through

the City of Evanston (i.e., Housing Rehabilitation Program). Please contact 311 for more

information.

3) A representative from Sam Goss and Associates will contact the Evanston Benefit Cardholder in

order to schedule a mutually convenient time for an in-home assessment as well as a time for

completion of repairs.

4) After the in-home assessment is completed, NO additional repairs may be added to current

request. If additional repairs are needed, the cardholder MUST contact Senior Services to place

an additional request.

5) When a representative from Sam Goss and Associates arrives at the home of the Cardholder to

complete repairs, the Cardholder MUST sign the “Waiver Release” Form. In addition, when

repairs are completed, the Cardholder will be asked to sign a form stating that services have been

completed.

6) A Senior Services staff person will contact Cardholders randomly to assess the quality of service

provided by Sam Goss and Associates.

7) Each Cardholder, eligible for Handyman services, will be allotted a maximum of $250 annually

for repairs to include labor and supplies (October 15, 2015 through September 30, 2016).

8) ALL requests/inquiries must be made to City of Evanston Senior Services at 847-448-8696

or [email protected].

7. Describe the number, qualifications and experience of program staff. Will new staff be hired and is

this dependent on City funding? Will the staff be retained if City funding is not received in future

years?

The Handyman Program is managed by the full-time Ombudsman, assistant part-time Ombudsman

and Senior Services Intern. Full time and part time Ombudsmen both have a Masters Degree (Social

Work and Gerontology). The Social Services Intern is a senior undergraduate student in the field of

Social Work. The City is looking to hire an additional part-time office assistant. Funding for the

Program is solely dependent on funding received by the City of Evanston.

8. Describe program goals and outcomes you anticipate in 2016, including any change from 2015. What

data are collected and used to analyze your program and measure success? Who is responsible for

ensuring the program is implemented as planned?

The City of Evanston Ombudsman is responsible for the Handyman Program and its implementation.

The Program plans to provide services to more seniors. In addition, with the hiring of a part-time

office assistant, the Program will be able to complete random calls to seniors who have previously

used the Program to ensure its effectiveness, efficiency and overall satisfaction with the Program.

BUDGET

$50,000 2016 Affordable Housing Fund Request (not to exceed amount)

$25,000 2015 Affordable Housing Award

The only costs of the Handyman program that are charged to the Affordable Housing Fund are materials and

labor provided by the Handyman, Sam Goss, for the eligible types of work listed above. The program served

118 unduplicated households between the approval of Affordable Housing Funds for this program by City

Council on May 11, 2015 and December 31, 2015 and expended $19,820. As noted above, requests have

increased substantially based on the outreach in October 2015. We are requesting a 2016 allocation of

Affordable Housing Funds of $50,000 in order to expand the number of seniors receiving assistance and meet

the additional need of providing smoke and carbon monoxide detectors to all senior households receiving

services as needed. The cost of these detectors and installation would not be applied to the annual household

spending cap of $250.

Page 1

CHAPTER 18 - AFFORDABLE HOUSING DEMOLITION TAX AND AFFORDABLE HOUSING FUND

SECTION:

4-18-1. - PURPOSE.

The purpose of this Chapterthe Affordable Housing Fund is to provide funding for the planning,

expansion, maintenance, conservation, and rehabilitation of Evanston's housing stock and to be responsive to needs for change in housing-related matters to the end of maintaining a diverse residential environment and to conserve

property values within the community and to combat homelessness.provide a source of funding for the creation, maintenance, and improvement of safe and decent affordable housing in the City of Evanston in order to enhance preservation and maintenance of the City's cultural and economic diversity.

(Ord. No. 139-0-05; Ord. No. 8-0-12, (48-0-11(exh. A, § 4-18-1)), 1-23-2012)

4-18-2. - DEFINITIONS.

For the purposes of administering this Chapter:

AFFORDABLE

HOUSING FUND.

The fund established by City Council which can only receive and expend monies

dedicated to the creation, preservation, maintenance, and improvement of

affordable housing for households whose income is one hundred twenty

percent (100120%) or less of area median income, . Priority uses with no less

than sixty percent (60%) of all monies reserved for households that earn less

than eighty percent (80%) of area median income will be based on the City’s

Consolidated Plan that identifies housing needs and strategies to address them

and is approved by City Council. The City Manager or his/her designee may

implement programs activities including, but not limited to:

Housing development projects funded by loans or grants including, but not

limited to, acquisition, pre-development costs; construction of new housing

units; rehabilitation of existing units; adaptive re-use of non-residential

buildings for housing; construction or renovation of shelters and/or transitional

housing.

Housing programs and services funded by grants that are implemented by

nonprofits or City staff that serve households whose incomes do not exceed

120% of the area median income including, but not limited to: grants or loans to

homebuyers in the form of down payment and/or closing cost assistance;

homebuyer/credit counseling; home maintenance and management for new

homeowners; rental assistance; landlord-tenant services; landlord training and

education; building rehabilitation and/or construction loans; property

acquisition and disposition;-homesharing programs; and case management and

other needed services to enable households to access housing or shelter and/or

Page 2

maintain their housing.and grants to nonprofit organizations that serve

households that earn less than one hundred percent (100%) of area median

income.

Funds may also be used to fund staffing and other costs required to administer

and manage funded activities, monitor compliance with affordable housing

requirements, and assess and report outcomes and effectiveness at meeting

City housing related goals.

Said projects and programs shall be administered in accord with guidelines

generated by the Evanston Housing and Homelessness Commission, reviewed

by the Planning and Development Committee and/or Human Services

Committee of the City Council, and approved by the City Council.

AFFORDABLE

HOUSING, OWNER

OCCUPIED.

Decent, safe, sanitary housing that is affordable to "relevant households" as

defined herein. The cost of the mortgage payment principal and interest and

relevant expenses (a calculation of property taxes, homeowner's insurance,

private mortgage insurance and, when applicable, condominium or homeowner

association fees) of owner occupied dwelling units shall not exceed thirty three

one percent (3331%) of the relevant household's gross annual household

income (the total income of all adults over eighteen (18) years of age in the

household).

AFFORDABLE

HOUSING, RENTAL.

Decent, safe, sanitary housing that is affordable to "relevant households" as

defined herein. The cost (including a utility allotment and adjustment for

household size) of rental dwelling units shall not exceed thirty percent (30%) of

the relevant household's gross annual household income (the total income of all

adults over eighteen (18) years of age in said household).

APPLICANT. Any individual who applies for a building demolition permit under this code.

AREA MEDIAN

INCOME.

The median income level for the Chicago primary metropolitan statistical area,

as established and defined in the annual schedule published by the secretary of

the United States department of housing and urban development and adjusted

for household size.

DEMOLITION.

The removal or destruction of a structure or building in whole or in part to the

extent of fifty percent (50%) or more of such structure or building as it existed

prior to the commencement of such act or process.

DEMOLITION The building or structure to be demolished.

Comment [FS1]: Move to Demolition Tax section

Comment [FS2]: Move to Demolition tax section

Comment [FS3]: Move to demolition tax section

Page 3

STRUCTURE.

DIRECTOR.

The director of the Evanston Community and Economic Development

Department or his/her designee, or of any successor agency, unless

otherwise indicated..

DWELLING UNIT.

A room or group of contiguous rooms that include facilities used or intended to

be used for living, sleeping, cooking and eating, and that are arranged,

designed, or intended for use exclusively as living quarters.

RELEVANT

HOUSEHOLD.

A low or, moderate, or middle income household whose total income does not

exceed the relevant percent of median income for the Chicago primary

metropolitan statistical area Chicago area, as established and defined in the

annual schedule published by the secretary of housing and urban development,

and adjusted for household size. A low income household has income that does

not exceed eighty fifty percent (8050%) of HUD area median income. ; aA

moderate income household has income that does not exceed eighty percent

(80%) of HUD area median income, and a middle income household has income

that does not exceed one hundred twenty percent (100120%) of the HUD area

median income.

REPLACEMENT

STRUCTURE. Any building or structure replacing the demolition structure.

RESIDENTIAL

STRUCTURE. Any building or structure containing dwelling units.

RESIDENTIAL

STRUCTURE,

MULTI-FAMILY.

A detached residential building containing three (3) or more dwelling units,

including what is commonly known as an apartment building, but not including

group, row, or townhouses, excluding a hotel, motel, boarding house, rooming

house, dormitory, nursing home, mobile home, , or institution, or retirement

home or community.

RESIDENTIAL

STRUCTURE,

SINGLE-FAMILY

ATTACHED (Group,

Row, Or Townhouses).

Three (3) or more dwelling units joined side by side.

RESIDENTIAL A residential building containing not more than two (2) dwelling units entirely

Comment [FS4]: Separate definitions for Community Development Department and Director?

Comment [FS5]: Expand to include live-work spaces?

Comment [FS6]: Move to demolition tax section

Page 4

STRUCTURE,

SINGLE-FAMILY

ATTACHED, TWO-

FAMILY.

surrounded by open space on the same lot.

RESIDENTIAL

STRUCTURE,

SINGLE-FAMILY

DETACHED.

A residential building containing not more than one dwelling unit entirely

surrounded by open space on the same lot.

(Ord. No. 40-0-07; Ord. No. 8-0-12, (48-0-11(exh. A, § 4-18-1)), 1-23-2012; Ord. No. 61-O-12,

§ 2, 10-8-2012)

SOURCES OF FUNDING FOR THE AFFORDABLE HOUSING FUND

DEMOLITION TAX (or Fee?)

4-18-3. - TAX IMPOSED.

(A) Amount Of Tax. Any person granted a permit under this code for demolition of a residential structure shall pay an affordable housing demolition tax of: 1) ten thousand dollars ($10,000.00) for the demolition of any single-family detached residential structure, or 2) for the demolition of any multi-family, single-family attached, or two-family residential structure, either ten thousand dollars ($10,000.00) or three thousand dollars ($3,000.00) for each unit in the structure, whichever amount is more. The tax imposed pursuant to this Subsection shall be in addition to the demolition permit fee established from time to time by the City Council and all other applicable fees and charges. Payment of the tax, unless deferred as provided in Section 4 of this Chapter, shall be due upon issuance of a demolition permit by the department, and is a condition to the validity of the permit. The City shall have a lien against the property which was the subject of the demolition permit until applicable tax obligations imposed by this Chapter are satisfied. The funds received by the City for the amount imposed pursuant to this Subsection shall be dedicated to achievement of the affordable housing goals and objectives as set forth in Section 1 of this Chapter. The demolition tax funds received pursuant to the tax imposed by this Chapter shall be deposited directly into the affordable housing fund.

(Ord. No. 40-0-07)

(B) Specific Applicability Rules. Notwithstanding the general requirement set forth in Subsection (A) of this Section, the tax shall not apply under the following circumstances. This Subsection, however, shall not affect an applicant's obligation to pay the demolition permit fee.

1. If the applicant and the City enter into an agreement for the provision of "affordable housing" as defined in Section 2 of this Chapter in conjunction with the demolition that would otherwise be the subject of Subsection (A) of this Section. Any such agreement shall require prior City Council approval and shall specifically set forth the applicability of this Subsection.

Comment [FS7]: Check with Legal about use of fee instead of tax

Page 5

2. If the Director determines, pursuant to regulations enacted by the City Council, that the building or structure replacing the building or structure that is the subject of the demolition permit constitutes "affordable housing" as defined in Section 2 of this Chapter.

3. If the director or any other city department head, or their respective designees, orders a demolition for any reason, including, but not limited to, nuisance, public safety, or fire hazard, this tax shall not apply, regardless of whether the demolition work is performed by a public or private entity.

(C) General Applicability: Imposition of the tax provided for by subsection (A) of this section shall not apply to any demolition for which a perfected application for the demolition permit was on file with the city on or before the effective date hereof.

(Ord. No. 139-0-05)

(Ord. No. 139-0-05; Ord. No. 40-0-07; Ord. No. 8-0-12, (48-0-11(exh. A, § 4-18-3)), 1-23-2012)

4-18-4. - TAX DEFERRAL OPTION.

(A) A person who has been the record title holder or beneficiary of a land trust (collectively, "record title holder") and occupant of a residential structure for three (3) consecutive years, and who files or causes to be filed an application for a demolition permit for that structure, may opt for de ferral of the tax, as provided in this Subsection 4-18-4(A) or (B). In the event the demolition permit is for a multi-unit structure, the person may only defer that portion of the demolition tax attributable to his/her own dwelling unit. The demolition permit fee must be paid at the time of application. The person shall make application for deferral of the tax to the Director on a form provided for that purpose and available from the Building Permit Desk. To qualify for the deferral, the person shall provide documentation to establish that all real estate taxes on the subject property have been paid in full as of the date of application for the permit; that any and all City liens and judgments recorded on the subject property have been satisfied; and that the person has been the record title holder and occupant of the subject structure for three (3) consecutive years prior to the date of application for the permit. Documentation the Director may require to establish the person's qualification for the tax deferral option may include, but shall not be limited to, income tax records and proof of voter registration. If the Director determines that the person qualifies for the deferral option, he/she shall cause a lien to be recorded against the property with the Cook County Recorder in the amount of the tax to be deferred, to which shall be added the applicable recordation fee. Except as provided in Section 4-18-4(C), the lien shall not bear interest. The Director may, upon written request of the person, subordinate the lien to any mortgage the person may have or seek on the property. Among the factors the Director may consider in determining whether or not to grant the subordination request is whether the value of the property is adequate to ensure payment of the City's lien, and that all real estate taxes have been paid.

(B) Deferral of the Tax in the case of Recycling/Reuse of Materials. Any applicant who applies for a demolition permit and seeks to defer the demolition tax by reason that the materials generated by the demolition of a structure will be recycled and/or reused, may apply for a deferral of the tax. Evidence of such recycling/reuse shall be furnished to the Director in writing, and the Director shall determine if the applicant qualifies for this deferral option. All requirements for the application for the deferral and the release of lien as provided for in this Section 4-18-4 of this chapter shall apply.

(C) Deferral of the Tax in the case that the subject property is no longer a buildable parcel. Any applicant who applies for a demolition permit and seeks to defer the demolition tax by reason that the lot/parcel in question is no longer buildable under the City's ordinance may apply for a deferral of the tax. Evidence of such change in property characteristics must be furnished to the Director in writing and the Director shall determine if the applicant qualifies for this deferral option. All requirements for the application for the deferral and the release of lien as provided for in this Section 4-18-4 of this chapter shall apply.

Comment [FS8]: Review with Legal in light of Cook County requirements for diversion of demolition materials from landfills.

Page 6

(D) Release of lien.

(1) A person who exercised the tax deferral option provided for in Section 4-18-4(A), (B), or (C) and who has been the record title holder and occupant for three (3) consecutive years after issuance of a Final Certificate of Occupancy for the replacement structure may apply for release of the lien by making application therefor to the Director on a form provided for that purpose and available from the Building Permit Desk. Documentation the Director may require to establish the person's qualification for the release of lien may include, but shall not be limited to, income tax records and proof of voter registration for the years in question. If the Director determines that the person qualifies for the release, he/she shall provide the person with a recordable release of lien no later than thirty (30) days after he/she determines that the person qualifies for the release.

(2) A person who exercised the tax deferral option provided for in Section 4-18-4(A), (B) or (C) who sells the subject property prior to the expiration of the three (3)-consecutive-year period after issuance of the Final Certificate of Occupancy shall, as a condition to the City's release of the lien, pay the tax due, to which shall be added interest at the annualized Money Market Index rate published by the Government Finance Officers Association.

(Ord. No. 139-0-05; Ord. No. 40-0-07; Ord. No. 62-0-11, § 2, 8-8-2011; Ord. No. 8-0-12, (48-0-

11(exh. A, § 4-18-4)), 1-23-2012)

4-18-5. - STABILITY INCENTIVE.

When the tax was paid at the time of permit issuance as provided for in subsection 3(A) of this chapter, a person who has been the record title owner and occupant of a residential property demolished subsequent to the effective date of this chapter ("preexisting structure") for all of the three (3) years immediately preceding the date of the application for demolition ("prepermit period"), and remains the record titleholder and occupant of the property for three (3) consecutive years beginning immediately after the date on which the certificate of occupancy for the new residential structure is issued, may qualify for a monetary stability incentive in an amount equal to the demolition tax paid on the issuance of the permit for demolition of the preexisting structure, provided, however, that only persons whose real estate taxes on the property are paid in full at the time of application for stability incentive may apply for the incentive.

Application for the stability incentive payment shall be made to the director on a form provided for that purpose and available from the building permit desk. The person must provide the director of Community and Economic Development with such documentation as he/she may require to establish that the owner qualifies for the payment under the requirements of this section. Such documentation may include, but is not limited to, income tax returns and proof of voter registration for the years in question. The city shall pay qualifying persons an amount equal to the demolition tax, if any, imposed pursuant to this chapter on the issuance of the permit for the preexisting structure, less the amount of any liens recorded by the city against the subject property, including, but not limited to, liens for judgments entered in cases adjudicated in the city's Division Of Administrative Adjudication, no later than thirty (30) days after the Director of Community and Economic Development determines that an owner qualifies for the stability incentive.

(Ord. No. 139-0-05; Ord. No. 40-0-07; Ord. No. 8-0-12, (48-0-11(exh. A, § 4-18-5)), 1-23-2012)

4-18-6. - SEVERABILITY.

The provisions, sections, and subsections of this chapter shall be deemed separable, and the invalidity of any portion of this chapter shall not affect the validity of the remainder.

(Ord. No. 139-0-05; Ord. No. 40-0-07; Ord. No. 8-0-12, (48-0-11(exh. A, § 4-18-6)), 1-23-2012)

Page 7

DEVELOPER CONTRIBUTIONS

Including, but not limited to, fees in lieu paid in compliance with the Inclusionary Housing

Ordinance, fees for affordable housing negotiated in planned development agreements, and

impact fees that may be assessed on development projects not covered by the inclusionary

housing ordinance.

OTHER

Including, but not limited to, real estate transfer tax fees, hotel/motel taxes, a percentage of

property taxes, or other sources as approved by City Council.