Transcript Document

Community Benefits Agreements:
An Important Tool for Inclusionary Housing
Ben Beach, Legal Director
The Partnership for Working Families
Local Tools and Strategies for Achieving Inclusion Session
Solutions 2013 Conference
September 16, 2013
What Is a Community Benefits Agreement?
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Developer
Cooperation
Agreement
Community
Coalition
Community
Benefits
Cooperation
Agreement
Lease
Subsidy
Development
Agreement
Government
Agreement
Local
Government
Example 1: LA Sports and Entertainment District
• 6 million s.f., multi-developer project
surrounding Staples Center including
2100 permitted residential units
• CBA executed 2001, provides for 20%
affordable housing (on-site or off-site) at
50%, 60% and 80% AMI
• $650,000 zero-interest revolving loan
fund for local non-profit developers
Example 2: Bayview-Hunters Point
• CBA executed 2008 for massive mixed-use
project – 12,000 anticipated residential units.
• 32% of housing units on site affordable. Half of
those are rental units at 60% AMI or below.
Remainder are for sale at 80-160% AMI.
Preference for local and displaced residents.
• Provides for over $27 million in housing
assistance funds targeted to neighborhood
residents, including down payment assistance.
CBAs Can Lead to Policy
• 2005, City of Los Angeles’ (former)
Community Redevelopment Agency, after
multiple CBAs on Agency-assisted projects,
adopted inclusionary housing policy
• For projects built with CRA housing funds,
30% on-site at 50% AMI or below, with at
least 50% for 30% AMI
• 30 year affordability covenants enforceable
by tenants
Issues to Consider
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Who is “community”?
Timing of construction of affordable units
Enforceability (clarity, no encumbrances)
Enforcement (private right, coalition
capacity)
• Binding Transferees
• “Credits,” contributions and other release
valves