Public Hearing #1

Revisions toCitizen Participation Plan

Revisions toCitizen Participation Plan (CPP)

• CPP provides “rules of the road” for obtaining citizenparticipation in our Consolidated Plan– Role of Citizens Advisory Committee– Public Hearing frequency and type– Legal notices

• Input from public on Revised Plan• Revisions pertain to Fair Housing and the Analysis of

Impediments to Fair Housing (AI)• Key Change in Revised Plan: to plan make the AI part

of our Consolidated Plan

Public Hearing #2Background on Fair Housing Law

2010 Analysis of Impediments to Fair HousingSummary of Impediments

FAIR HOUSINGFAIR HOUSINGLAWLAW

Provided by New Hampshire Legal Assistance, withsupport from the City of Portsmouth.

January 15, 2013

Federally Protected Classes

RaceNational OriginReligionColorGenderFamilial Status (families with

children under 18 orpregnancy)Disability

Additional StateProtected Classes

Marital Status

Sexual Orientation

Age

Prohibited Practices Under theFair Housing Laws

Certain actions might be illegal if directedagainst a member of a protected class:

Refusal to sell a home, rent a unitEvictions from a unitDiscriminatory terms or conditions while in theunit and denying reasonable accommodationsSteering to specific housing units and awayfrom others (both for home sales & tenants)Possible retaliation for raising a fair housingcomplaint

Prohibited Actions Under theFair Housing Act by Municipalities

Certain actions might be illegal if directedagainst a protected class:

Exclusionary zoning and disparate impactResponding to neighbors fearsDenial of affordable housing developmentapplications and/or requests for variances/setbacks (e.g. group homes)HUD/DOJ Joint Memo on Local Land Use andFair Housing Act:http://www.justice.gov/crt/about/hce/final8_1.php

Obligation to AffirmativelyFurther Fair Housing

• “Affirmatively furthering fair housing. Each consortiummust certify that it will affirmatively further fair housing,which means that it will conduct an analysis to identifyimpediments to fair housing choice within the area, takeappropriate actions to overcome the effects of anyimpediments identified through that analysis, andmaintain records reflecting the analysis and actions inthis regard.” 24 CFR § 91.425(a)(1)(i).

• HUD Fair Housing Planning Guide:http://www.hud.gov/offices/fheo/images/fhpg.pdf

The Westchester Case• Westchester County, NY. Racial segregation in wealthy

white county outside of New York City.• Case brought under False Claims Act under false

certification of AFFH, where county simply handing in form• U.S. ex rel. Anti-Discrimination Center of Metro New York,

Inc. v. Westchester County, New York, 495 F.Supp.2d 375(S.D.N.Y. Jul 13, 2007).

• 750 units of affordable housing in overwhelmingly whitecommunities. Upwards of $40 million for development.Over $20 million to federal government and upwards of $3million in attorneys fees. Final resolution in part hung upon prohibition of landlord denials of applications to rentfrom Section 8 voucher holders in county.

Workforce Housing• State Law, RSA 674:58 - 61.• Requires all municipalities to provide ordinances and

regulations for reasonable and realistic opportunities forthe development of workforce housing, including rentalhousing.

• “Workforce housing” means rental housing which isaffordable to a household with an income of no more than60 percent of the median income for a 3-personhousehold.

• A municipality that adopts land use ordinances andregulations shall allow workforce housing to be located ina majority, but not necessarily all, of the land area that iszoned to permit residential uses within the municipality.

City of Portsmouth AI 2010

• Completed in 2010 (prev. 2004)• Impediments to Fair Housing choice identified after

analysis• Take actions, through Annual Plan, to “affirmatively

further fair housing”

Impediments in AI

• 2010 Impediment: Limited Data – Collection andDetection

• 2010 Impediment: Lack of Information about FairHousing Laws and Protections

• 2010 Impediment: Economic Factors and HousingAffordability

Potential Impediments Analyzed

• 37 in total• Building requirements for housing construction.• Requirements for provision of municipal services

(water, sewage, electricity, public transportation,roads).

• Equalization of municipal services.• Willingness of landlords to rent to families with

children

Additional Analysis for Update

• “private sector impediments”• Steering• Deed restrictions• Age restrictions (conversion of existing apts.)• Banking and insurance policies• Provision of brokerage services

Next Steps

• Heading towards a new update… Spring 2013• Input from partners (public hearing and other methods)

– Other data sources– Strategies for collecting information– Impediments you have observed– Any concerns related to Fair Housing Law intent

• New resource for research and analysis: Home MortgageDisclosure Act data (HMDA)

• Consultation with partners (NH Housing, Housing JusticeProject/NHLA others)

Public HearingJanuary 15, 2013

Community DevelopmentBlock Grant Program

Overview of Community DevelopmentBlock Grant Funding (CDBG)

• Program created in 1975, by President Ford

• Portsmouth has received funding since 1977

• All funds must be used to benefit people who earn lowor moderate incomes

• A Citizens Advisory Committee has advised the Cityon the use of these funds since the program began.

Tonight’s Public Hearing:Fourth Year Annual Plan

FY 2011-2015 – Five-Year Consolidated Plan andFY 2010-2011 – First Year Annual Plan

FY 2011-2012 – Second Year Annual Plan

FY 2012-2013 – Third Year Annual Plan

FY 2013-2014 – Fourth Year Annual Plan

FY 2014-2015 – Fifth Year Annual Plan

FY 2011-2015 Consolidated Plan Goals

5-Year Housing Goal: To support the creation and preservation of housingopportunities for people who earn very low-, low- and moderate-incomes and tosupport the ability of people with disabilities to remain in their homes and toaffirmatively further fair housing compliance by addressing the impediments to fairhousing choice, within the City of Portsmouth, that have been identified and analyzedin the City’s 2010 Updated Analysis of Impediments to Fair Housing Choice (AI)”.

5-Year Public Facility Goal: To improve infrastructure in areas where a majority ofresidents earn very low-, low-, and moderate-incomes with the objective of improvingsafety and aesthetics; and to improve accessibility for people with disabilities.

5-Year General Public Service Goal: To support public service agencies that provideservices important to the health and welfare of people who earn very low-, low-, andmoderate-incomes.

5-Year Youth Programs Goal: To support public service agencies that provideservices for children and youth from families who earn very low-, low-, and moderate-incomes that will foster their growth into healthy adults.

FY 2011-2015 Consolidated Plan Goals (continued)

5-Year Special Needs/Non-Homeless Services Goal: To support public serviceagencies that provide services to help prevent the hospitalization of the elderly andthose with disabilities by providing home care, support activities and medical care;provide programming that will support the physical and emotional health of seniorcitizens.

5-Year Homeless and HIV-AIDS Goal: To support public service agencies thatprovide emergency and transitional shelter for the homeless and facilitate theirmovement into permanent housing through life skills enhancement activities; and helpprevent the hospitalization of those living with HIV/AIDS through the provision ofsupportive services.

5-Year Administration Goal: To efficiently and effectively develop, implement andevaluate programs that primarily benefit people who earn very low-, low-, andmoderate-incomes. To ensure full compliance with federal regulatory requirements inthe carrying out Block Grant-funded activities; including Fair Housing Act and relatedlaws and regulations by affirmatively further fair housing compliance by addressing theimpediments to fair housing choice, within the City of Portsmouth, that have beenidentified and analyzed in the City’s 2010 Updated Analysis of Impediments to FairHousing Choice (AI)”.

CDBG Eligible Projects

• Public facilities projects in neighborhoods whereat least 51% of residents earn low or moderateincomes

• Activities which benefit families earning low ormoderate incomes

• Activities that remove barriers to createaccessibility

How are Portsmouth CDBG funds used to benefitpeople who earn low and moderate incomes?

• Revitalized Neighborhoods and PromotedEconomic Development

• Created and Improved Parks and Playgrounds toEnhance Quality of Life

• Supported Public Service Agencies ServingHuman Needs

• Insured Access to Quality Affordable Housing

• Provided Accessibility for Disabled Persons

Neighborhood Improvements

AtlanticHeightsArea

OspreyLandingArea

Woodbury-SpauldingTurnpike Area

SAGAM

ORE

I-95

McDonoughStreet

Neighborhood

CabotStreetNeigborhood

New Eligible Areas for CDBG FundsCompared with Previously Eligible Areas

Portsmouth, NH

These areas werepreviously eligible using1990 Census data.

These areas are noweligible for CDBG fundingusing 2000 Census data.

Eligible Areas for CDBG Funding

Atlantic Heights Parks• Hanscom Park• Big Rock Park• Hislop Park

Atlantic HeightsStreetscape Improvement Projects:

• Kearsarge Way (2000)• Saratoga Way (2002)• Falkland Place (2003)• Ranger Way, portion (2003)• Preble Way (2005)• Crescent Way (2006)• Raleigh Way (2009)• Concord & Porpoise Way (2011)• Ranger Way (2013)

Before…..

After…

Gosling Meadows Playground

Lafayette Road Pedestrian Improvements

Partnerships and Leveraging CDBG Funds

Betty’s Dream Generator Project

Cross Roads HouseRedevelopment Project

Public Service Agency Grant Program

• $78,000 in FY 2012-2013

• 12 Public Service Agencies

• Grants ranging from $5,000 to $9,500

• SEXUAL ASSAULT SUPPORT SERVICES• SEACARE HEALTH SERVICES• FAMILIES FIRST OF THE GREATER

SEACOAST• PORTSMOUTH HOUSING AUTHORITY• AREA HOMECARE• CROSS ROADS HOUSE• COMMUNITY CHILD CARE CENTER• AIDS RESPONSE-SEACOAST• A SAFE PLACE• NEW HEIGHTS ADVENTURES FOR

TEENS• NEW HAMPSHIRE LEGAL ASSISTANCE• SEACOAST MENTAL HEALTH CARE

Housing Programs

Cottage Senior Housing

Betty’s Dream Rainbow ApartmentsImprovement Project

• Redevelopment of 24 unit facility for the physically-disabled

Lafayette School Senior Apartments

Housing Rehab Program CDBG-funded grants for home repairs for households earning eligible

incomes.

Housing Endowment Fund established in late 1980s with $650,000 in private funding.

54 1st time homebuyers assisted between 1989 - 1994 with monthly mortgage subsidies.

40 1st homebuyers assisted between 1999 and 2009; downpayment/closing cost assistance.

Carried out in partnership with NHHFA, Citizens Bank and The Housing Partnership.

Reactivated this year.

HomeTown, First Time Homebuyers Program

PortsmouthHomeTown

Handicapped Accessibility

Residential Accessibility Program CDBG-funded grants for accessibility improvements.

Targeted to low and moderate income homeowners.

Funds used for ramp construction, doorway widening, and bathroommodifications.

Hovey Fountain AccessImprovements

Accessible Curb Cuts

Public HearingProject Updates

Community DevelopmentBlock Grant Program

Completed: Operation BlessingAccessibility Lift

Completed: Seacoast Repertory TheatreAccessibility Lift

In Progress: Strawbery BankeAccessibility Improvements

In Progress: Ranger WayStreetscape Improvements

In Progress: Plains Park

Senior Services

Update: Other FY 2013 Projects

- Housing Rehabilitation Program- Residential Accessibility Grant Program- First-Time Homebuyer Program