091514CompleteAgenda CITY OF RICHFIELD, MINNESOTA
MONDAY, SEPTEMBER 15, 2014
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE
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SPECIAL CONCURRENT CITY COUNCIL AND
HOUSING AND REDEVELOPMENT AUTHORITY WORKSESSION
BARTHOLOMEW ROOM
6:00 P.M.
AGENDA
Call to order
1. Presentation from Myron Orfield, Director of the Institute on Metropolitan Opportunity,
regarding concerns about discrimination in housing and education policy
(Council Memo No. 89/HRA Memo 34)
Notes:
Adjournment
*****************�*�************�****�****�*�*�****�*�*,�***,�**,�************�***�*,�,�*�*************�****
REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
Call to order
1. Approval of the minutes of the Regular HRA Meeting of August 18, 2014
2. HRA approval of the agenda
3. Consideration of the Richfield HRA Tax Increment District status update
Staff Report No. 33
Notes:
4. Public hearing regarding approval of the HRA's Five-Year Public Housing Authority
Plan for the Section 8 Housing Assistance Program
Staff Report No. 34
Notes:
5. HRA discussion items
Notes:
6. Executive Director Report
Notes:
7. Claims and Payroll
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must
be made at least 96 hours in advance to the City Clerk at 612-861-9738.
CITY OF RICHFIELD, MINNESOTA
Office of City Manager
September 4, 2014
Council Memorandum No. 89 HRA Memorandum No. 34
Housing and Redevelopment
The Honorable Mayor Authority Commissioners
and City of Richfield
Members of the City Council
Subject: September 15 Joint City Council/HRA Worksession
Council Members and Commissioners:
A joint Worksession of the Richfield City Council and Housing and Redevefopment
Authority (HRA) has been scheduled for 6:00 p.m. on Monday, September 15 in order to
hear a presentation from Myron OrField regarding his concerns about discrimination in
housing and education policy.
In addition to being a former State Senator and Congressman, Mr. Orfield is a law
professor at the University of Minnesota and the Director of the Institute on Metropolitan
Opportunity.
With regards to housing, Mr. Orfield is concerned that current regional policy
concentrates minority population rather than providing housing opportunities throughout
the region.
Mr. Orfield is also concerned that the way in which Minnesota schools are intended to
promote racial integration (Minnesota State Statute 3535) needs to be amended in
order to achieve its results.
Attached are two documents provided by Mr. Orfield summarizing these concerns.
Re p, ly submitted,
te n . Devi
City Manager
SLD:jcs
Attachments
Email: Department Directors
Assistant City Manager
SUMMARY: Housing Discrimination Complaint
The distribution of affordable housing within the Twin Cities is heavily segregative.
The two central cities together only contain 23 percent of regional population,but 55
percent of the region's non-white residents. They also contain over half the region's subsidized
affordable housing: 37 percent in Minneapolis and 21.7 percent in Saint Paul.
Affordable housing in the central cities is typically segregated twice over: both at the
municipal level and at the neighborhood level. First, by restricting access to housing to the two
core cities, state, local, and regional governments have prevented racial minorities from
accessing the many entry-level jobs and high-quality schools found in the suburbs. Beyond that,
however, affordable housing in the cities is also far more likely to be placed in a segregated
neighborhood than affordable housing elsewhere. For example, in Minneapolis,the quartile of
census tracts with the highest minority populations contain only 17 percent of all housing units
but 49 percent of subsidized units, while the quartile with the lowest minority population
contains 30 percent of total units but a mere 1.3 percent of subsidized units. The highly
segregated neighborhoods where affordable units are located are almost universally afflicted by a
range of severe problems: extremely low incomes, low economic opportunity, poor health
outcomes, poor educational opportunity, and predatory or nonexistent lending.
Housing segregation has also led to increasing school segregation. In the early 1990s,
only about 2,000 (or 2.5 percent) of the region's non-white students were in schools that were
more than 90 percent non-white and only 3 percent of the region's population lived in majority
non-white, high poverty areas. During the next two decades,this all changed. By 2010 the
number of schools made up of more than 90 percent non-white students had increased more than
seven-fold(from 11 to 83); the number of nonwhite students in those highly segregated
environments had risen by more than 10 times (from 2,000 to 25,400), a percentage increase
from 2.5 percent to 16 percent; and the share of the regional population in majority nonwhite,
high poverty areas rose by three times to 9 percent.
Other metros of roughly the same size and with similar racial demographic histories have
not shown the same patterns of discrimination. In addition, some demographically similar cities
are showing declines in segregation, not increases. For example, in 2012, 19 percent of low-
income black residents of the Twin Cities lived in high-poverty census tracts (up from 13 percent
in 2000) compared to just 3.4 percent of low-income black residents in Seattle (down from 3.5
percent in 2000) and 1.6 percent in Portland(down from 1.9 percent in 2000). The number of
schools in the Portland metro made up of more than 90 percent non-white students was just 2 in
2009 (up from 0 in 2000); in Seattle it was only 25 (up from 14); and in Pittsburgh it was 25
(down from 27).
The Metropolitan Council, Minnesota Housing(MHFA), Minneapolis, and Saint Paul
have all played a role in creating this multilayered segregation. First,the Met Council, under the
state's Land Use Planning Act, has a statutory obligation to require that municipal
comprehensive plans adequately provide for local housing needs, including by providing land
zoned for low and moderate housing needs. Until the mid-80s, the Council enforced this
requirement and withheld funding to communities that allowed exclusionary zoning, resulting in
over 8500 acres zoned for affordable housing throughout the region. Enforcement, however,has
ceased, and 78 percent of this land has reverted to exclusionary uses, while the excluding
communities continued to receive federal and local funding. The Met Council also began setting
affordable housing goals for regional communities, assigning the highest goals to the central
cities and racially transitioning inner-ring suburbs.
In addition, several mechanisms work to direct affordable housing funding to the central
cities, and to segregated neighborhoods, instead of higher-income,higher-opportunity suburbs.
First,the single largest source of affordable funding for new construction, the Low
Income Housing Tax Credit(LIHTC), is disproportionately allocated to the cities, which receive,
on average, 45_percent of the entire region's yearly tax credit share. The same is true for all
federally supported housing programs. Section 8 vouchers are placed in an even more segregated
pattern. This is the result of policies instituted by the Met Council and Minnesota Housing.
LIHTC are provided by the federal government,but states may develop their own distribution
systems. In most of the Minnesota, MHFA serves as the primary agency for allocating tax
credits. In the metro region, however, Minneapolis, Saint Paul, Dakota County, and Washington
County are all considered"suballocators." Suballocators receive a predetermined portion of the
metro area's tax credit share each year, which their respective housing agencies can allocate
independently. By statute, the Met Council has discretionary authority to set these suballocator
shares, in collaboration with MHFA. The Met Council has chosen to distribute suballocator
shares in a highly segregative fashion: it gives Minneapolis and Saint Paul a combined 35
percent of the regional tax credits, despite the fact that the cities themselves are highly nonwhite,
and furthermore, have demonstrated a consistent pattern of funding affordable housing in
segregated neighborhoods. Through a"nonprofit set-aside," some projects in the two central
cities are eligible for another 10 percent of the metro's total tax credits. MHFA, which has the
ability to adjust the Met Council's allocations, has instead retained this segregatory policy.
After passing through the suballocator system, tax credits are assigned to individual
projects by a competitive point system, which prioritizes projects on the basis of project
characteristics. MHFA, Minneapolis, and Saint Paul all maintain point systems which heavily
emphasize characteristics likely to be satisfied by segregated developments in the urban core—
e.g., geographic proximity to light rail and bus rapid tranist, homeless housing, use of preexisting
infrastructure, single-room occupancy units, and the incorporation of a neighborhood
stabilization plan—but place very little emphasis on characteristics likely to be satisfied by
integrated or suburban developments. For example, the MHFA system assigns hundreds of
possible points,but only five are available for economic integration, and none at all for racial
integration. The central cities' point systems are similarly uneven, a factor which contributes
greatly to their highly segregative placement of units.
Other funding sources are also heavily weighted towards the central cities. For instance,
the Met Council maintains a ranked list of nearly 200 communities for housing funding priority.
Saint Paul and Minneapolis are first and second on the list, respectively; most of the inner-ring
suburbs are in the top quartile; and many white outer-ring suburbs are in the second quartile or
below. Furthermore, outside of LIHTC, MHFA maintains a diverse array of funding vehicles for
affordable housing projects. Approximately 52 percent of the units supported by this funding are
located in Minneapolis and Saint Paul.
The Twin Cities also has some of the worst lending discrimination and patterns of racial
steering in the nation, but agencies receiving federal housing dollars have done nothing thus far
to assure fair landing or equal treatment by real estate agents. For instance, very high income
black loan applicants are more likely to be denied a loan than low income white applicants. This
has led to concentrations of subprime lending—and consequently, concentrations of foreclosures
—in the Twin Cities' poorest and most heavily segregated neighborhoods, especially in
Minneapolis and Saint Paul. Rather than address lending discrimination,the cities have
continued to work with banks and housing financial organizations to acquire foreclosed
properties at a reduced price, for conversion into affordable units in the same distressed
neighborhoods.
In addition to contributing to the creation of these disparities, the Met Council has not
taken sufficient steps to identify or correct them. In its recent Fair Housing Equity Assessment
(FHEA),the Met Council was required by federal guidelines to discuss impediments to fair
housing choice, in order to make local governments "fully aware of the existence, nature, extent,
and causes of all fair housing problems, and the resources available to stop them." It was also
required to review the laws, regulations, and administrative policies affecting fair housing issues
in the region. It did neither. By failing to conduct the required analysis, it omitted from its FHEA
the primary causes of continuing housing segregation in the Twin Cities: poorly constructed
policies that prioritize affordable housing construction in the central cities, and the Council's
own refusal to carry out its statutory obligations to promote fair housing.
SUMMARY: RULE 3535 PETITION TO AMEND
In 1999, the Minnesota Department of Education released a new school integration rule, Rule
3535. In doing so, it both significantly weakened its previous integration plan, and overrode a
draft rule proposed by the State Board of Education, which had undertaken a years-long study of
the issue. The state should amend Rule 3535. Three major pieces of new evidence have arisen
since 1999, all of which suggest that the rule is no longer reasonable.
First,the 1999 rule was based on the assumption that the Supreme Court would soon eliminate
the ability of schools to use race-conscious methods (e.g., flexible racial ratios) to promote
diversity and avoid racial isolation. Instead,the opposite occurred: the Supreme Court reaffirmed
schools' right to use race-conscious methods to achieve these compelling government interests.
Second, the 1999 rule exempted the open enrollees and charter schools from its protections,
envisioning these as marginal programs for children with special needs. Since that time,the
number of open enrollees and charter enrollees has exploded(in the latter case growing sixteen-
fold) as both programs have become integral parts of Minnesota's education system. Moreover,
the U.S. Department of Education has counseled that it is unconstitutional to omit charters from
a desegregation plan.
Third,the amount of segregation in metropolitan area schools has grown rapidly. These increases
have been particularly severe in charters, in which over 80 percent of students of color now
attend a racially isolated school. Oftentimes,this outcome is by design, as many charters are
"culturally targeted." In addition, the open enrollment system has facilitated segregation, as the
bulk of students transferring from racially diverse districts into primarily-white districts have
been themselves white. Charters and open enrollment have badly undermined the ability of
districts to voluntarily desegregate, creating single-race enclaves for disgruntled parents and
otherwise serving as vehicle for white flight.
There are other objections to the existing rule. In drafting the current integration plan,the state
argued that the benefits of integrated schools are minimal, but there is in fact voluminous social
science evidence showing integration improves educational, career, and social outcomes for
white and nonwhite children alike. The state also argued that integration would cause white
flight, and it lacked the authority to implement an inter-district plan, as the Board of Education's
proposed rule would have done. Neither is true: national comparative studies show that white
flight does not occur when integration plans are metro-wide, only when they are limited to a
single core urban district—and the state has complete and untrammeled constitutional authority
to impose metro-wide, inter-district rules. The current rule narrows the constitutional definition
of discrimination, omitting conduct that would be considered discriminatory by the Supreme
Court. Finally,the current rule ignores the fact that a federal judge declared Minneapolis
segregated by law, a designation that imposes special constitutional duties to integrate, and this
determination was never lifted or reversed.
HOUSING AND REDEVELOPMENT
� AUTHORITY MEETING MINUTES
1/ ' � Richfield, Minnesota
�
Regular Meeting
August 18, 2014
CALL TO ORDER
The meeting was calied to order by Chair Sandahl at 7:00 p.m.
ROLL CALL
HRA Members Sue Sandahl, HRA Chair; Doris Rubenstein; David Gepner; Mary Supple;
Present: and Debbie Goettel.
Staff Present: Di e tor�; Cheis Reg seF nance IManarge�and Ther s Schy aDDeputy City
Clerk.
Item #1 2014 AND (2�SPEC AL HRA MEETING OF JULY 1, 201qEETING OF JUNE 16,
M/Goettel, S/Suppte to approve the minutes.
Motion carried 5-0.
Item #2 HRA APPROVAL OF AGENDA
M/Goettel, S/Rubenstein to approve the aqenda.
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of a contract with TMS Construction for the demolition of
7029 Nicol�et Avenue S.R. No. 28
B. Consideration of the approval of a resolution authorizing the purchase of real property
located at 7308-10th Avenue through the Richfield Rediscovered Program S.R. No. 29
HRA RESOLUTION NO. 1185
RESOLUTION AUTHORIZING PURCHASE OF REAL PROPERTY
LOCATED AT 7308 10TH AVENUE
This resolution appears as HRA Resolution No. 1185.
HRA Meeting -2- August 18,2014
M/Rubenstein, S/Supple to approve the Consent Calendar.
Motion carried 5-0.
Item #4 PUBLIC REGARDING A RESOLUTION AUTHORIZING THE SALE OF 7225 FIRST
AVENUE TO ENDRES CUSTOM HOMES AND A CONTRACT FOR PRIVATE
DEVELOPMENT WITH ENDRES CUSTOM HOMES FOR THE CONSTRUCTION
OF A SINGLE FAMILY HOME UNDER THE RICHFtELD REDISCOVERED
PROGRAM S.R. NO. 30
Community Development Director Stark presented HRA Staff Report No. 30.
Dustin Endres, Endres Custom Homes, was available for questions.
Community Development Director Stark stated that he did receive a call from a resident who
was concerned about the size of the house for the lot and wanted their comments to be passed
along to the HRA.
M/Gepner, S/Suppte to close the public hearinq.
Motion carried 5-0.
M/Sandahl, S/Gepner that the followinq resolution be approved:
HRA RESOLUTION NO. 1186
RESOLUTION AUTHOV NIUE TO ENDRES�CUSTOM HOMES, IN OCATED AT 7225 1 ST
Motion carried 5-0. This resolution appears as HRA Resolution No. 1186.
Item #5 CONSIDERATION OF A PROPOSAL MADE BY THE OWNER OF 7228 ALDRICH
AVENUE FOR A SETTLEMENT OF AN HRA DEFERRED LOAN S.R. NO. 31
Community Development Director Stark presented HRA Staff Report No. 31.
Community Development Director Stark stated that staff have been tracking the sale of the
home and feel a reasonable effort has been made to avoid short-sale and foreclosure.
Greg Henniker, realtor for the property owner, was available for questions. He stated that if
an agreement is not made for the property to go into short-sale then the property will go into
foreclosure.
M/Goettel, S/Sandahl to approve a proposal made bv the owner of 7228 Aldrich Avenue for
a $1000 settlement of an HRA Deferred Loan.
Motion carried 5-0.
Item #6 CONSIDERATION OF THE RESOLUTIONS APPROVING THE 2015 PROPOSED
HRA BUDGET AND TAX LEVY AND THE 2014 REVISED HRA BUDGET
S.R. NO. 32
Community Development Director Stark presented HRA Staff Report No. 32.
HRA Meeting -3- August 18,2014
Community Development Director Stark stated that staff is currently focused on trying to
identify new revenue sources to fund valuable housing programs in Richfield. He continued that
staff will be meeting with Senator Franken's and Congressman Ellison's staff to try to get some
relief from Section 8 funding.
M/Goettel, S/Gepner that the followina resolutions be adopted and made part of these
minutes:
HRA RESOLUTION NO. 1187
RESOLUTION APPROVING PROPOSED 2015 HOUSING AND REDEVELOPMENT AUTHORITY
BUDGET AND CERTIFYING THE 2015 TAX LEVY
HRA RESOLUTION NO. 1188
RESOLUTION AUTHORIZING REVISION OF THE 2014 BUDGET OF THE
HOUSING AND REDEVELOPMENT AUTHORITY OF RICHFIELD
Motion carried 5-0. These resolutions appear as HRA Resolution Nos. 1187 and 1188.
Item #7 HRA DISCUSSION ITEMS
Community Development Director Stark stated that staff speaks to approximately four
developers per month regarding senior housing development at Cedar Point. Staff does inform the
developers that ultimately the City Council and HRA have not yet decided what would be the best fit
for Cedar Point. However, it is a positive sign that there is definitely interest in the site.
Item #8 EXECUTIVE DIRECTOR REPORT
None.
Item #9 CLAIMS AND PAYROLL
M/Goettel, S/Gepner that the followina claims and pavrolls be approved:
U.S. BANK 07/21/14
Section 8 Checks: 125033-125148 $ 163,152.65
HRA Checks: 32010-32032 $ 31,013.42
TOTAL $ 194,166.07
U.S. BANK 08/18/14
Section 8 Checks: 125149-125277 158,421.90
HRA Checks: 32033-32072 � 75,276.56
TOTAL 233,698.45
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:10 p.m.
HRA Meeting -4- August 18,2014
Date Approved: September 15, 2014 Suzanne M. Sandahl
HRA Chair
Theresa Schyma Steven L. Devich
Deputy City Clerk Executive Director
AGENDA ITEM# 3
REPORT# ��
STAFF REPORT
� HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
SEPTEMBER 15, 2014
REPORT PREPARED BY: MYRT LINK, COMMUNITY DEVELOPMENT
ACCOUNTANT
NAME,TITLE
REPORT PRESENTER: JOHN STARK, COMMUNITY DEVELOPMENT
DIRECTOR
� NAME,TITLE
DEPARTMENT DIRECTOR REVIEW: � �
-�,.:��,.
` � '4S:(�NAT
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REVIEWED BY EXECUTIVE DIRECTOR:
ITEM FOR HIZA CONSIDERATION:
Consideration of the Richfield Housing and Redevelopment Authority Tax Increment District
Status Update.
I. RECOMMENDED ACTION:
By Motion: Accept the Richfield Hausing and Redevelopment
Authorit Annual Tax increment District Status Update.
II, EXECUTIVE SUMMARY
The Tax Increment District Status Update (TIF Status Update) is presented to the
Richfield Housing and Redevelopment Authority (HRA) annually for review. This
year, the TIF Status Update shows that the HRA is able to meet all of its Pay-As-
You-Go Note and General Obligation Tax Increment Bond obligations:
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The annual TIF Status Update is provided to the HRA to summarize
tax increment financial activity and comment on the status of the
HRA's ability to meet its tax increment obligations.
091514 TIF Status Update
B. PoLICY
• The TIF Status Update is presented annually to keep the HRA
informed of the ability to meet outstanding obligations.
C. CRITICAL TIMING ISSUES
• None
D. FINANCIAL
• See detailed TIF Status Update attached.
E. LEGAL
• N/A
IV. ALTERNATNE RECOMMENDATION�S)
• Reject the conclusions made in the TIF Status Update.
V. ATTACHMENTS
• Tax Increment District Status Update
• Map
VI. PRINCIl'AL PARTIES EXPECTED AT MEETING
• Rebecca Kurtz, Ehlers & Associates
Tax Increment District
Status U date
p
Richfield Housing and Redevelopment
Authority
Septem ber 15, 2014
www.ehlers-inc.com
E H L E RS Minnesota phone 651-697-8500 3060 Centre Pointe Drive
LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651-697-8555 Roseville,MN 55113-1122
toll free 800-552-1171
Tax Increment Financing District Summary
Conclusion
The Richfield Housing and Redevelopment Authority(HRA) will be able to meet all of its tax
increment Pay-as-you-go and Bond obligations. Currently it is not anticipated that the HRA will
be able to pay the full principal and interest on the Interfund Loan for the Interchange Lyndale
Gateway West (Kensington Park)project unless market values appreciate and/or the HRA pools
funds from other resources.
Richfield Redevelopment Project Area
In 2005,the boundaries of the Richfield Redevelopment Project Area were expanded and set to
be the same as the City's boundary in order to expand housing program service areas and provide
a wider area of tax increment spending authority.
The Richfield Redevelopment Project area currently contains 9 tax increment financing districts:
• Interchange
• Urban Village
• Gramercy
• Interchange West/Lyndale Gateway
• City Bella
• Lyndale Gateway West -
• Cedar Corridor
• 2010— 1 Housing
• Lyndale Gardens
Obligations
The HRA has two types of obligations associated with these districts. The first type of
obligation is the Pay-As-You-Go Revenue Note. All of these Notes pledge to the Note Holder a
certain percentage of the available tax increment from the specific district or specific parcels.
Less tax increment receipts result in lower Pay-As-You-Go payments. To the extent that the
increment is not available to make the payment,the HRA is not required to meet the obligation.
Current projections show that the HRA will be able to meet all of its Pay-As-You-Go Revenue
Note obligations.
The second type of obligation that the HRA has is Tax Increment Bonds. Currently, there are
bonds outstanding in the Interchange West(Best Buy), and Lyndale Gateway West(Kensington
Park) districts. These bonds are paid from tax increment but also have a property tax pledge.
The pledge is that if on an annual basis there is not enough tax increment to pay the payment,the
City agrees to levy a property tax to pay balance of the debt payment. This has never happened
with Richfield TIF debt.
The third type of obligation is an Interfund Loan. The HRA has provided up-front money from
various sources to assist with projects. The loans are normally repaid from tax increment or land
sale revenue.
2
Assumptions
All projections are based on the most conservative assumptions. Cash balances are as of
December 31, 2013.
The calculations do not include any interest on invested cash or inflation on property market
values with a few exceptions:
• Interchange West uses a 1.725%market value inflation
• Urban Village uses a 2% market value inflation
• Lyndale Gateway West uses a 1% inflation rate
Although Lyndale Gateway (Twin Cities Christian Homes) used a 3%market value inflation
assumption at time of closing, a 0%market value inflation rate is being used in order to be
conservative.
3
Interchange TIF District Update
The Interchange District is a commercial redevelopment project comprised of the Dick's
Sporting Goods store located along I-494. In 2004, Galyan's Trading Company became a
wholly owned subsidiary of Dick's Sporting Goods.
First Year of Increment: 1998
Estimated Decertification Date: 2023
Outstanding Obligations
• $1,747,045 Pay-as-you-go Revenue Note
The Interchange District has a cash balance of$105,576.
Conclusions
The HRA will be able to meet its debt obligation.
4
Urban Village TIF District Update
The Urban Village TIF District is a mixed-use redevelopment project located on the southeast
corner of Lyndale and 66th Street. Tax increment revenue is pledged to the project to assist
with property acquisition and excess site development expenses. Fifteen percent(15%) of the
annual tax increment is contributed to the Housing and Redevelopment Fund for use on TIF
eligible expenses.
First Year of Increment: 2000
Estimated Decertification Date: 2025
Outstanding Obligations
• $2,500,000 Pay-as-you-go Tax Exempt Tax Increment Revenue Note A
• $2,388,414 Pay-as-you-go Taxable Tax Increment Revenue Note B
The Note A TIF Bond has a reset date, and its current rate is 2.77%. The Note will be reset
February 2016.
The Urban Village District has a cash balance of$(92,366).
Conclusions
The HRA will be able to meet all of its debt obligations.
Although the cash balance was negative at the end of 2013,projections show that the District
will have a positive cash balance in the future. The negative balance is due to the timing
difference from when obligations are paid and tax increment revenue is collected.
5
Gramercy TIF District Update
The Gramercy TIF District is a redevelopment project that includes the Gramercy Park Senior
Housing Cooperative. Tax increment revenue is pledged to the project to assist with property
acquisition expenses. Fifteen percent(15%) of the annual tax increment is contributed to the
Housing and Redevelopment Fund for use on TIF eligible expenses.
First Year of Increment: 2002
Estimated Decertification Date: 2025
Outstanding Obligations
• $1,977,000 Pay-as-you-go Tax Increment Revenue Note
The Gramercy District has a cash balance of$175,537.
Conclusions
The HRA will be able to meet all of it debt obligation.
• 6
Interchange West / Lyndale Gateway TIF District Update
The Interchange West/Lyndale Gateway TIF District has two components: Interchange West
and Lyndale Gateway.
Interchange West Component
The Interchange West component is comprised of the Best Buy Corporate Headquarters
located at the intersection of I-494 and Penn Ave. Tax increments are pledged to the Best Buy
project to assist with site assembly activities. Fifteen percent(15%) of the annual tax increment
is contributed to the Housing and Redevelopment Fund for use on TIF eligible expenses.
First Year of Increment: 2004
Estimated Decertification Date: 2025
Outstanding Obligations
• $22,190,195 Pay-as-you-go Tax Increment Revenue Note
• $6,355,000 Tax Exempt General Obligation Tax Increment Refunding Bonds, Series
2010B.
The Interchange West Component has a cash balance of$1,802,412.
Conclusions
The HRA will be able to meet all of its debt obligations.
Lyndaie Gateway Component
The Lyndale Gateway component is comprised of the Richfield Senior Housing project(Main
Street Village) and the Minnstar Builders, Inc. project (Casteel Place Townhouses). Tax
increment revenue is pledged to the project to assist with site assembly expenses.
In 2002, the HRA loaned Richfield Senior Housing, Inc. $338,251.76 to assist with an
unexpected condemnation award in acquiring a portion of the redevelopment property. The loan
was paid off by the developer in December, 2004.
For the Minnstar Builders project, Casteel Place Townhomes, the Contract for Private
Redevelopment included a"look back"provision that required a review of the developer's costs.
To the extent that certain costs would go up or down under the estimate, the associated Pay-as-
you-go Revenue Note would be reduced by a like amount. The "Iook back"provision analysis
was completed in 2002, which called for a reduction in the Pay-as-you-go Revenue Note from
$100,000 to $19,985.23. The cost savings of this tax increment was then used as additional gap
funding for the Cornerstone/Kensington Park redevelopment project in the Lyndale Gateway
West District. The last increment payment to Minnstar Builders was February 1, 2005.
7
First Year of Increment: 2000
Estimated Decertification Date: 2025
Outstanding Obligations
• $3,300,000 Pay-as-you-go Tax Increment Revenue Note to Richfield Senior Housing
The Lyndale Gateway Component has a cash balance of$269,772.
Conclusions
The HRA will be able to meet all of its debt obligations.
8
City Bella TIF District Update
The City Bella project is a redevelopment district consisting of a housing project with a retail
component located at Lyndale Avenue and 66th Street. Tax increment revenue is pledged to
the project to assist with property acquisition and site improvement expenses.
The City Bella Project has a$450,000 loan from the Development Account to pay for land
owned by the HRA. This loan will be paid by using 15%of the annual tax increment. After the
loan is paid in full, 15% of the annual tax increment will be contributed to the Housing and
Redevelopment Fund for use on TIF eligible expenses.
First Year of Increment: 2006
Estimated Decertification Date: 2030
Outstanding Obligations
• $8,473,470 Pay-as-you-go Tax Increment Revenue Note
• $450,000 maximum Interfund Loan from the Development Account, which has an
outstanding balance/expenses incurred of$167,090 as of 12/31/2013.
The City Bella District has a cash balance of$644,288.
Conclusions
The HRA will be able to meet all of its debt obligations.
9
Lyndale Gateway West TIF District Update
The Lyndale Gateway West TIF District is comprised of the Cornerstone (Kensington Park)
mixed-use redevelopment project located on Lyndale Avenue. Tax increment revenue is pledged
to the project to assist with site assembly expenses.
First Year of Increment: 2006
Estimated Decertification Date: 2029
Outstanding Obligations
• $2,970,000 Taxable General Obligation Tax Increment Refunding Bonds, Series 2012B.
• $1,100,000 Interfund Loan
The $1,100,000 Interfund Loan from the ILN District was funded in part with the $1,630,000
General Obligation Tax Increment Bond, Series 2000, which utilized the Candlewood Hotel
increment. A portion of the principal and the interest was to be paid back from tax increment.
The Lyndale Gateway West District has a cash balance of$(80,554).
Conclusions
Under the current circumstances, the HRA will be able to meet its debt obligation for the Series
2012B bonds by the time the District is decertified. As in past years' projections, ultimately,
there will be money to pay the bonds solely from TIF; however,projections show a few years
where the increment will not cover the debt payments. A loan from another funding source may
be needed, and the loan could be paid off from the additional increment after the bonds mature in
2025.
Under current market values and tax rates, it is projected that there will not be sufficient tax
increment to pay the Interfund Loan in its entirety (principal and interest). To the extent that
market values increase or increment can be pooled from other TIF districts, the shortfall could be
reduced. Market values would need to increase 3.2% annually to pay the principal in full and
6.1% annually to pay the principal and interest in full.
Tax increment from the Minnstar Builders townhouse project in the Lyndale Gateway District is
also being used to pay obligations related to the Cornerstone project.
10
Cedar Corridor TIF District Update
The Cedar Corridor TIF District is a redevelopment district comprised of the commercial/retail
redevelopment in the Airport Noise Impact Area. This area is located along Cedar Avenue and
66th Street. This District was established in 2006 using Special Legislation from the Laws of
Minnesota 2005, Chapter 152, ANticle 2, Section 25.
First Year of Increment: 2008
Estimated Decertification Date: 2033
Outstanding Obligations
• $200,000 maximum Interfund Loan, which has an outstanding balance/expenses incurred
of$18,525 as of 12/31/2013.
• $780,000 Interfund Loan from the City PIR Fund for HRA assessments related to Richfield
Parkway. Payments begin in 2017.
The Cedar Corridor District has a cash balance of$0.
Conclusions
The District currently does not have any financial obligations with a third party. Development
and increment will be needed to repay the two interfund loans related to qualified costs. It is
intended that the Loan from the PIR Fund will be paid at the time the land is sold.
11
2010-1 Housing TIF District Update
The 2010-1 Housing TIF District is a housing district comprised of the Lyndale Plaza
development at the site of the former Woodlake Plaza Shopping Center site. The apartment
complex contains 94 units of rental housing, including 19 units that are affordable to families at
or below 50% of the area median income for Hennepin County, as determined annually by the
Minnesota Housing Finance Agency. These units will remain affordable for the term of the tax
increment.
First Year of Increment: 2014
Estimated Decertification Date: 2034
Outstanding Obligations
• $822,000 Pay-as-you-go Tax Increment Revenue Note A
• $85,000 HRA Property Reimbursement Note, which has an outstanding balance of
$93,847 as of 12/31/2013 due to accrued interest.
• $500,000 Pay-as-you-go Tax Increment Revenue Note B
• $200,000 maximum Interfund Loan from the HRA General Fund, which has an
outstanding balance/expenses incurred of$6,773 as of 12/31/2013.
The 2010-1 Housing District has a cash balance of$0.
Conclusions
The HRA will be able to meet its debt obligations.
12
Lyndale Gardens TIF District Update
The Lyndale Gardens TIF District is a redevelopment district comprised of the former Lyndale
Gardens site, located at 6400 Lyndale Avenue South. The development includes a 25,000
square foot grocery store; and is proposed to include 11,600 square feet of retail/restaurant space
and 151 units of market-rate and affordable rental housing. The development will also include an
open-air market/pavilion, a performance stage, splash pad, outdoor pizza oven, community
gardens and several trail connections in a quasi-public setting.
First Year of Increment: 2014
Estimated Decertification Date: 2039
Outstanding Obligations
• $200,000 maximum Interfund Loan from the Development Fund, which has an
outstanding balance/expenses incurred of$16,177 as of 12/31/2013.
Approved Obligations
The HRA has entered into a Development Agreement to issue the following obligations after the
developer submits documentation of qualified expenses and complies with the requirements in
the Agreement:
• $5,616,000 Pay-as-you-go Tax Increment Revenue Note A
• $315,000 Forgivable Loan, based on the developer meeting the requirements in Section
2.05 of the Funding Agreement by September 1, 2015
The Lyndale Gardens TIF District has a cash balance of$0.
The District currently does not have any financial obligations with a third party. Development
and increment will be needed to repay the interfund loan.
13
2014-1 TIF District Update
The 2014-1 TIF District is a redevelopment district located on the former City garage site,
includes three other parcels on the block. This area is located between 76th and 77th Streets
and Pleasant and Pillsbury Avenues. The HRA began the process to establish this District late
in 2013, and the District was adopted in February 2014. It has not been certified because a
developer has not been identified. The TIF Plan anticipates the development of multi-family
housing on the site.
The District was established in 2014 to allow for the demolition of existing buildings for public
safety reasons and to allow the expenses to be reimbursed through future tax increment. A
majority of the demolition is anticipated to be completed by October 2014, and is estimated to
cost $169,000.
First Year of Increment: 2018
Estimated Decertification Date: 2043
Outstanding Obligations
• $300,000 maximum Tnterfund Loan from the Capital Improvement Reserve Fund
Conclusions �
The District currently does not have any financial obligations with a third party. Development
and increment will be needed to repay the interfund loan.
14
Decertified Tax Increment Financing Districts
The HRA has decertified six TIF Districts:
• Interstate-Lyndale-Nicollet(ILN) TIF District (a redevelopment district)was
decertified as of December 31, 2012.
• Pre-1999 Rich�eld Rediscovered TIF District (a scattered site redevelopment district)
was closed as of December 31, 2010.
• Post-1999 Richfield Rediscovered TIF District (a scattered site redevelopment district)
was closed as of December 31, 2010.
• Lyndale-Hub-Nicollet(LHN) District (a redevelopment district) was closed as of
December 31, 2002.
• Cedar Avenue Business Area (CABA) District (an economic development district)
ended in 1996. All of the accounting transactions to close the District were completed by
December 31, 2000.
• Penn Avenue and Sixty-Sixth Street(PASSS) District (a redevelopment district)was
established in 1989 and terminated in 1996 due to a lack of feasible redevelopment
opportunities.
15
Housing and Redevelopment Fund
The Housing and Redevelopment Fund is a revenue source comprised of tax increment from the
Gramercy, Urban Village, Interchange West/Lyndale Gateway, and City Bella TIF Districts.
The purpose of the Housing and Redevelopment Fund is to fund a variety of housing needs for
the community, including but not limited to, new construction of single-family homes and town
homes; single-family home renovation and rehabilitation; and apartment rehabilitation. Funds
must be spent on eligible tax increment expenses.
Currently, a portion of the tax increment revenue from the Gramercy, Urban Village and Lyndale
Gateway/Interchange West TIF District are being transferred to the Housing and Redevelopment
Fund. The Housing and Redevelopment Fund is used to support the New Home Program,
Transformation Housing Program (a deferred loan program), the Kids at Home Program, and the
Richfield Rediscovered Loan Program. A breakdown of the fund balance follows:
Gramercy $109,027
Interchange West 1,247,710
Urban Village 337,751
Total Housing and Redevelopment Fund: $1,694,488
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AGENDA ITEM# 4
REPORT#
STAFF REPORT
,�r► � r 1 '' HOUSING AND REDEVELOPMENT
AUTHORITY MEETING
SEPTEMBER 15, 2014
REPORT PREPARED BY: LYNETTE CHAMBERS,MULTI/FAMILY
HOUSING PROGRAM COORDINATOR
NAME,TITLE
REPORT PRESENTER: ��N BARTON, ASSISTANT COMMUNITY
DEVELOPMENT DIRECTOR
Nan�rc,TIrLE
DEPARTMENT DIIZECTOR REVIEW: � -
� SIGN
% �
REVIEWED BY EXECUTNE DIRECTOR: ��
ITEM FOR HRA CONSIDERATION:
Public hearing regarding consideration of approval to the Richfield Housing and
Redevelo ment Authorit 's Five-Year Public Housin Authorit Plan.
I. RECOMMENDED ACTION:
Conduct and close the public hearing and by motion: Approve the
Housing and Redevelopment Authority's Five-Year Public Housing
Authority Plan for the Section 8 Housing Assistance Program and
authorize the Chair and Executive Director to execute program
documents.
II. EXECUTIVE SUMMARY
The Department of Housing and Urban Development (HUD) requires every Housing
Authority to develop a five-year Public Housing Authority Plan (PHA Plan) within a
required format. In order to remain compliant with HUD rules and regulations, after
development of the PHA Plan, it is reviewed by the Resident Advisory Board (RAB),
soliciting comments and feedback from tenants. A public hearing then must be held
and the PHA Plan approved by the local Housing and Redevelopment Authority
(HRA). Once the PHA Plan is approved by the HRA, it is then submitted to HUD.
091514 Section 8 Housing Plan.doc
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The Quality Housing and Work Responsibility Act of 1998 (QHWRA)
was created by Congress. The QHWRA requires the HRA, as a
Public Housing Agency (PHA) to have a five-year plan. The five-year
PHA Plan describes the housing mission of the Agency and the
Agency's long-range goals and objectives for achieving its mission
over the subsequent five-years.
• Staff has developed a PHA Plan in proper form and content.
• The QHWRA also requires the HRA to maintain a "RAB" to make
comments about the PHA Plan. The RAB is comprised of program
tenants that volunteer to provide feedback. The RAB had no
additional comments to the PHA Plan.
• The five-year PHA Plan must be consistent with the Consolidated Plan
prepared by Hennepin County. The proposed five-year PHA Plan has
been certified by a Hennepin County Official that it is consistent with
the Consolidated Plan of Hennepin County Housing Consortium.
• HUD has designated Richfield as a high performer; signaling a high
level in overall performance of administration of the program.
• The public hearing notice of 45 days has not generated any comments
or concerns.
B. PoLICY
• The Richfield HRA operates the PHA and Section 8 program to assist in
providing affordable housing for approximately 320 families in the city of
Richfield. This affordability allows families the ability to live in decent and
safe housing that might otherwise be out of reach financially for them.
• 2008 City of Richfield Comprehensive Plan:
o Policy: Promote the development, management, and maintenance of
affordable housing in the City through assistance programs;
alternative funding sources; and the creation of partnerships whose
mission is to promote low to moderate income housing.
C. CRITICAL TIMING ISSUES
• The PHA Plan must be approved by the HRA and submitted to HUD
by October 31, 2014.
• Failure to approve the PHA Plan will result in receiving a non-
compliance status with HUD. "Non-compliance" violates the contracts
that the HRA has with HUD and results in a loss of administrative and
rent assistance funds.
D. FINANCIAL
• The HRA has four contracts for administrative and rent assistance
funds with HUD.
• Annually, the HRA receives approximately $1,165,400 for rental
assistance payments and $144,250 for administrative payments. A
current PHA Plan is a requirement of these contracts.
E. LEGAL
• The Housing Assistance Program (HAP) contracts that the HRA has
with HUD have been previously reviewed and approved by legal
counsel.
• Notice was published on July 31, 2014 in the Sun Current of the
availability to review the PHA Plan and of the public hearing to be held
concerning PHA Plan approval. The publication schedule is in
compliance with HUD regulations.
• The HRA must formally adopt the PHA Plan following a public hearing.
• HUD requires the HRA Chair and Executive Director to execute
documents.
IV. ALTERNATNE RECOMMENDATION(S�
• None
V. ATTACHMENTS
• PHA Plan
VI. PRINCIl'AL PART•IES EXPECTED AT MEETING
• N/A
PHA 5-Year and U.S.Department of Housing and Urban OMB No.2577-0226
Development Expires 4/30/2011
Annual Plan Office of Public and Indian Housin
d
1.0 PHA Information
PHA Name: Richfield HRA PHA Code: MN216
PHA Type: ❑Small �High Performing ❑Standard �HCV(Section 8)
PHA Fiscal Year Beginning:(MM/YYYY):_O1/2015
2A Inventory(based on ACC units at time of FY beginning in 1.0 above)
Number of PH units: Number of HCV units: 231
3.0 Submission Type �
•�5-Year and Annual Plan ❑Annual Plan Only �5-Year Plan Only
4.0 pHA Consortia
❑PHA Consortia:(Check box if submitting a joint Plan and complete table below.)
No.of Units in Each
Participating PHAs PHA Program(s)Included in the Programs Not in the Program
Code Consortia Consortia pH HCV
PHA 1:
PHA 2:
PHA 3:
5.0 5-Year Plan.Complete items 5.1 and 5.2 only at 5-Year Plan update.
51 Mission. State the PHA's Mission for serving the needs of low-income,very low-income,and extremely low income families in the PHA's
jurisdiction for the next five years:
To promote adequate and affordable housing,economic opportunity and a suitable living environment free
from discrimination.
Page 1 of 2 form HUD-50075(4/2008)
5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very
low-income,and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals
and objectives described in the previous 5-Year Plan.
The PHA would like to expand the supply of assisted housing by applying for additional rental vouchers when
available and leverage private or other public funds to create additional housing opportunities.
During the last 5 years, Richfield HRA has continued to administer a local rental assistance program entitled
the Kids @ Home Program.This program uses local funding to help provide rental assistance to families
whose income falls under 50% of AMI and have children in the Richfield Schools.In addition to the rental
assistance component of the program,there is a supportive services component to the program where each
family is assigned a Family Counselor.The Family Counselor meets with each family on a monthly,sometimes,
bi-monthly basis,to help the family set up their individual goal setting plans as well provide counseling to the
family if needed.The family may stay on this program for up to 4 years.
In the area of affordable housing and homeownership,in 2009,Richfield HRA received$1.04 million in federal
Neighborhood Stabilization Program funds.Two foreclosed properties were purchased,rehabilitated,and sold
to Homes Within Reach(land trust agency)and households earning less than 50% of the TCAMI. One
foreclosed property was purchased, rehabilitated,and sold to Homes Within Reach and a household earning
less than 80%of the TCAMI.Four additional foreclosed homes were purchased,rehabilitated and sold to
households earning less than 115% of the TCAMI.
In 2010,Richfield HRA sold a lot to Twin Cities Habitat for Humanity for the construction of 1 new home
affordable to a household earning less than 50% of the TCAMI.
In 2014,Richfield HRA authorized the sale of two lots to Twin Cities Habitat for Humanity for the
construction of two new homes affordable to households earning less than 60°/a of the TCAMI.(2015
construction)
In 2014,Rich�eld HRA authorized the sale of two lots to the Greater Metropolitan Housing Corporation for
the construction of two new homes affordable to households earning less than 80% of the TCAMI.One of the
households will be accessible to households with physical mobility limitations.(2014 construction)
PHA Plan Update
6A �a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission:NA
(b) Identify the specific location(s)where the public may obtain copies of the 5-Year and Annual PHA Plan. For a complete list of PHA Plan
elements,see Section 6.0 of the instructions.
The PHA Plans and attachments(if any)are avaflable for public inspection at main administrative office of the
PHA(6700 Portland Avenue South,Richfield,MN.)
7A Hope VI,Mixed Finance Modernization or Development,Demolition and/or Disposition,Conversion of Public Housing,Homeownership
Programs,and Project-based Vouchers. Include statements related to these programs as applicable. NA
8.0 Capital Improvements. Please complete Parts 8.1 through 83,as applicable.
g 1 Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5-Year and Annual Plan,annually
complete and submit the Capital Fund Program Annual Statement/Performance and Evaluation Report,form HUD-50075.1,for each current and
open CFP grant and CFFP financing. NA
8 Z Capital Fund Program Five-Year Action Plan. As part of the submission of the Annual Plan,PHAs must complete and submit the Capital Fund
Program Five-Year Action Plan,form HUD-50075.2,and subsequent annual updates(on a rolling basis,e.g.,drop current year,and add latest year
for a five year period). Large capital items must be included in the Five-Year Action Plan. NA
g 3 Capital Fund Financing Program(CFFP).
❑Check if the PHA proposes to use any portion of its Capital Fund Program(CFP)/Replacement Housing Factor(RHF)to repay debt incurred to
finance capital improvements. NA
Page 2 of 2 form HUD-50075(4/2008)
Housing Needs. Based on information provided by the applicable Consolidated Plan,information provided by HUD,and other generally available
data,make a reasonable effort to identify the housing needs of the low-income,very low-income,and extremely low-income families who reside in
the jurisdiction served by the PHA,including elderly families,families with disabilities,and households of various races and ethnic groups,and
other families who are on the public housing and Section 8 tenant-based assistance waiting lists.The identification of housing needs must address
issues of affordability,supply,quality,accessibility,size of units,and location.
Housin Needs of Families on Richfield HRA's Section 8 Waitin List
# of families % of total families
Waitin List Total 105*
Extreme low income
<=30% AMI 84 80%
Very low income
>30% but<=50% AMI 21 20%
Families with children 61 58%
9.o Elderl Families 13 13%
Families with Disabilities 2 2%
Race/Ethnicity
White/Non-His anic 9 9%
Race/Ethnicity
Black/Non-His anic 93 89%
Race/Ethnicity
American Indian/His anic 3 2%
*In November 2009, Richfield HRA opened its waiting list, we had over 10,000 applications
submitted and 500 applications were randomly selected to be placed on the list, Richfield HRA
anticipates we will open again for applications in 2016.
Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the
jurisdiction and on the waiting list in the upcoming year. Note: Small,Section 8 only,and High Performing PHAs complete only for Annual
Plan submission with the 5-Year Plan.
Richfield HRA will continue to apply for vouchers when they become avaialbe.It is anticipated that due to
voucher turnover,Richfield HRA will be able to exhaust the current waiting list in the next 3.5 years.
9.i Rich�eld HRA also has its own local rental assistance program,including a supportive service component,
which helps up to 30 families.
Richfield HRA will continue to work with Homes Within Reach(a land trust agency)to provide opportunities
for homeownership to moderate and low-income households.
Richfield HRA will continue to leverage affordable housing resources in the community through the creation of
mixed-�nance housing and pursue housing resources other than public housing or Section 8 tenant-based
assistance.
Page 3 of 2 form HUD-50075(4/2008)
Additional Information. Describe the following,as well as any additional information HUD has requested.
(a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5-
Year Plan.
On a daily basis,Rich�eld HRA continues to promote adequate and affordable housing,economic opportunity
and a suitable living environment free from discrimination.This is accomplished through extensive outreach
efforts to potential voucher landlords.Since the development of the Kids @ Home Program,many new
landlords are aware of the voucher program and have been more willing to participate in the program.In some
cases,we have found landlords are not willing to participate in the voucher program,but have been willing to
allow families who receive rent assistance under the Kids @ Home Program to live in their properties.
Hopefully,this will develop stronger relationships with the landlords and the PHA,alleviating the fears the
landlords have and they may consider allowing tenant based voucher recipients into their properties.
The Kids @ Home Program provides a supportive service component to the program,where family
coordinators meets with the family to establish goal setting plans for the family based on the families needs.
10.o The family coordinators then meet with the families in their homes on a monthly basis to determine the
progress towards the goals,tweak if necessary or to change the goals as needed.This has proven to be a great
service and since 2008,5 of the families on the Kids @ Home Program purchased affordable homes,thus
successfully completing their individual goal setting plan.Due to the great success of the supportive service
component piece of the program,and on a case by case basis Rich�eld HRA has offered this service component
to the tenant based voucher family.
(b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of"significant amendmenY'and"substantial
deviation/modification"
The PHA has not had any signi�cant amendment or substantial deviation/modi�cation.
The PHA's definition of"substantial deviation/modi�cation"and"significant amendment"are:
a.Substantial Deviation/Modification from the 5-Year Plan is a decision made by the HRA Board to change the
HRA's mission statement,goals,or objectives identified in the 5-Year Plan. It is also when goals or objectives
are changed that affect the residents or have a significant impact to the HRA financial situation.
b.Signi�cant Amendment to the Annual Plan is a change in HRA plans or policies that require formal
approval by the HRA Board
Page 4 of 2 form HUD-50075(4/2008)
11. Required Submission for HUD Field Office Review. In addition to the PHA Plan template(HCJD-
0 50075), PHAs must submit the following documents. Items(a)through(g)may be submitted with
signature by mail or electronically with scanned signatures,but electronic submission is encouraged. Items
(h)through(i)must be attached electronically with the PHA Plan. Note: Faxed copies of these documents
will not be accepted by the Field Office.
(a) Form HUD-50077,PHA Certifications of Compliance with the PHA Plans and Related Regulations
(which includes all certifications relating to Civil Rights)
(b) Form HUD-50070, Certification foN a Drug-Free Workplace(PHAs receiving CFP grants only)
(c) Form H[JD-50071, CeNtification of Payments to Influence Federal Transactions(PHAs receiving CFP
grants only)
(d) Form SF-LLL,Disclosure of Lobbying Activities(PHAs receiving CFP grants only)
(e) Form SF-LLL-A,Disclosure of Lobbying Activities Continuation Sheet(PHAs receiving CFP grants
only)
(� Resident Advisory Board(RAB) comments. Comments received from the RAB must be submitted by
the PHA as an attachment to the PHA
Plan. PHAs must also include a narrative describing their analysis of the recommendations and the
decisions made on these recommendations.
(g) Challenged Elements
(h) Form HUD-50075.1, Capital Fund Progr°am Annual Statement/Performance and Evaluation Report
(PHAs receiving CFP grants only)
(i) Form HUD-50075.2, Capital Fund Program Five-Year Action Plan(PHAs receiving CFP grants only)
Page 5 of 2 form HUD-50075(4/2008)
This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act,which added a new section SA to the U.S.Housing Act
of 1937,as amended,which introduced 5-Year and Annual PHA Plans.The 5-Year and Annual PHA plans provide a ready source for interested parties to locate basic
PHA policies,rules,and requirements concerning the PHA's operations,programs,and services,and infarms HUD,families served by the PHA,and members of the
public of the PHA's mission and strategies for serving the needs of low-income and very low-income families. This form is to be used by aIl PHA types for submission
of the 5-Year and Annual Plans to HUD. Public reporting burden for this information collection is estimated to average 12.68 hours per response,including the time for
reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.HUD
may not collect this information,and respondents are not required to complete this form,unless it displays a currently valid OMB Control Number.
Privacy Act Notice. The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title
12,U.S.Code,Section 1701 et seq.,and regulations promulgated thereunder at Title 12,Code of Federal Regulations. Responses to the collection of information are
required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality
Instructions form HUD-50075
Applicability. This form is to be used by all Public Housing Agencies 2. Financial Resources. A statement of financial resources,
(PHAs)with Fiscal Year beginning April 1,2008 for the submission of their including a listing by general categories,of the PHA's
5-Year and Annual Plan in accordance with 24 CFR Part 903. The previous anticipated resources,such as PHA Operating,Capital and
version may be used only through April 30,2008. other anticipated Federal resources available to the PHA,
as well as tenant rents and other income available to
1.0 PHA Information support public housing or tenant-based assistance. The
Include the full PHA name,PHA code,PHA type,and PHA Fiscal Year statement also should include the non-Federai sources of
Beginning(MM/YYYY). funds supporting each Federal program,and state the
planned use for the resources.
2.0 Inventory
Under each program,enter the number of Annual Contributions Contract 3. Rent Determination. A statement of the policies of the
(ACC)Public Housing(PH)and Section 8 units(HCV). PHA governing rents charged for public housing and HCV
dwelling units.
3.0 Submission Type
Indicate whether this submission is for an Annual and Five Year Plan,Annual 4. Operation and Management. A statement of the rules,
Plan only,or 5-Year Plan only. standards,and policies of the PHA governing maintenance
management of housing owned,assisted,or operated by
4.0 PHA Consortia the public housing agency(which shall include measures
Check box if submitting a Joint PHA Plan and complete the table. necessary for the prevention or eradication of pest
infestation,including cockroaches),and management of
5.0 Five-Year Plan the PHA and programs of the PHA.
Identify the PHA's Mission,Goals and/or Objectives(24 CFR 903.6).
Complete only at 5-Year update. 5. Grievance Procedures. A description of the grievance
and informal hearing and review procedures that the PHA
5.1 Mission.A statement of the mission of the public housing agency makes available to its residents and applicants.
for serving the needs of low-income,vary low-income,and extremely
low-income families in the jurisdiction of the PHA during the years 6. Designated Housing for Elderly and Disabled Families.
covered under the plan. With respect to public housing projects owned,assisted,or
operated by the PHA,describe any projects(or portions
5.2 Goals and Objectives.Identify quantifiable goals and objectives thereo fl,in the upcoming fiscal year,that the PHA has
that will enable the PHA to serve the needs of low income,very low- designated or will apply for designation for occupancy by
income,and extremely low-income families. elderly and disabled families. The description shall
include the following information: 1)development name
6.0 PHA Plan UpdaYe. In addition to the items captured in the Plan and number;2)designation type;3)application status;4)
template,PHAs must have the elements listed below readily available to date the designation was approved,submitted,or planned
the public. Additionally,a PHA must: for submission,and;5)the number of units affected.
(a) Identify specifically which plan elements have been revised 7. Community Service and Self-Sufficiency. A description
since the PHA's prior plan submission. of: (1)Any programs relating to services and amenities
provided or offered to assisted families;(2)Any policies
(b) Identify where the 5-Year and Annual Plan may be obtained by or programs of the PHA for the enhancement of the
the publia At a minimum,PHAs must post PHA Plans, economic and social self-sufficiency of assisted families,
including updates,at each Asset Management Project(AMP) including programs under Section 3 and FSS;(3)How the
and main office or central off ice of the PHA. PHAs are PHA will comply with the requirements of community
strongly encouraged to post complete PHA Plans on its official service and treatment of income changes resulting from
website. PHAs are also encouraged to provide each resident welfare program requirements. (Note: applies to only
council a copy of its 5-Year and Annual Plan. public housing).
PHA Plan Elements.(24 CFR 903.7) 8. Safety and Crime Prevention. For public housing only,
describe the PHA's plan for safety and crime prevention to
1. Eligibility,Selection and Admissions Policies,including ensure the safety of the public housing residents. The
Deconcentration and Wait List Procedures. Describe statement must include: (i)A description of the need for
the PHA's policies that govern resident or tenant measures to ensure the safety of public housing residents;
eligibility,selection and admission including admission (ii)A description of any crime prevention activities
preferences for both public housing and HCV and unit conducted or to be conducted by the PHA;and(iii)A
assignment policies for public housing;and procedures for description of the coordination between the PHA and the
maintaining waiting lists for admission to public housing appropriate police precincts for carrying out crime
and address any site-based waiting lists. prevention measures and activities.
Page 1 of 3 Instructions form HUD-50075(2008)
9. Pets. A statement describing the PHAs policies and that the public housing agency plans to voluntarily convert;
requirements pertaining to the ownership of pets in public 2)An analysis of the projects or buildings required to be
housing. converted;and 3)A statement of the amount of assistance
received underthis chapterto be used for rental assistance or
10. Civil Rights Certification. A PHA will be considered in other housing assistance in connection with such conversion.
compliance with the Civil Rights and AFFH Certification See guidance on HUD's website at
if:it can document that it examines its programs and httn•//www hud gov/offices/pih/centers/sac/conversion cfm
proposed programs to identify any impediments to fair
housing choice within those programs;addresses those (d) Homeownership. A description of any homeownership
impediments in a reasonable fashion in view of the (including project number and unit count)administered by
resources available;works with the local jurisdiction to the agency or for which the PHA has applied or will apply
implement any of the jurisdiction's initiatives to for approval.
affirmatively further fair housing;and assures that the
annual plan is consistent with any applicable Consolidated (e) Project-based Vouchers.If the PHA wishes to use the
Plan for its jurisdiction. project-based voucher program,a statement of the projected
number of project-based units and general locations and how
il. Fiscal Year Audit. The results ofthe most recent fiscal project basing would be consistent with its PHA Plan.
year audit for the PHA.
8.0 Capital Improvements. This section provides information on a PHA's
12. Asset Management. A statement of how the agency will Capital Fund Program. With respect to public housing projects owned,
carry out its asset management functions with respect to assisted,or operated by the public housing agency,a plan describing the �
the public housing inventory of the agency,including how capital improvements necessary to ensure long-term physical and social
the agency will plan for the long-term operating,capital viability of the projects must be completed along with the required
investment,rehabilitation,modernization,disposition,and forms. Items identified in 8.1 through 83,must be signed where
other needs for such inventory. directed and transmitted electronically along with the PHA's Annual
Plan submission.
13. Violence Against Women Act(VAWA). A description
o£ 1)Any activities,services,or programs provided or 8.1 Capital Fund Program Annual Statement/Performance and
offered by an agency,either directly or in partnership with Evaluation Report. PHAs must complete the Capital Fund
other service providers,to child or adult victims of Program Annual Statement/Performance and Evaluation Report
domestic violence,dating violence,sexual assault,or (form HUD-50075.1),for each Capital Fund Program(CFP)to be
stalking;2)Any activities,services,or programs provided undertaken with the current year's CFP funds or with CFFP
or offered by a PHA that helps child and adult victims of proceeds. Additionally,the form shall be used for the following
domestic violence,dating violence,sexual assault,or purposes:
stalking,to obtain or maintain housing;and 3)Any
activities,services,or programs provided or offered by a (a) To submit the initial budget for a new grant or CFFP;
public housing agency to prevent domestic violence,
dating violence,sexual assault,and stalking,or to enhance (b) To report on the Performance and Evaluation Report progress
victim safety in assisted families. on any open grants previously funded or CFFP;and
7.0 Hope VI,Mixed Finance Modernization or Development, (c) To record a budget revision on a previously approved open
Demolition and/or Disposition,Conversion of Public Housing, grant or CFFP,e.g.,additions or deletions of work items,
Homeownership Programs,and Project-based Vouchers modification of budgeted amounts that ha�e been undertaken
since the submission of the last Annual Plan. The Capital
(a) Hope VI or Mixed Finance Modernization or Development. Fund Program Annual Statement/Performance and
1)A description of any housing(including project number(if Evaluation Report must be submitted annually.
known)and unit count)for which the PHA will apply for HOPE
VI or Mixed Finance Modernization or Development;and 2)A Additionally,PHAs shall complete the Performance and
timetable for the submission of applications or proposals.The Evaluation Report section(see footnote 2)of the Capital Fund
application and approval process for Hope VI,Mixed Finance Prograns Annual Statement/Performance and Evaluation(form
Modernization or Development,is a separate process.See HUD-50075.1),at the following times:
guidance on HUD's website at:
httn•//www hud gov/offices/pih/pro r� ams/ph/hope6/index cfin 1. At the end of the program year;until the program is
completed or all funds are expended;
(b) Demolition and/or Disposition. With respect to public housing
projects owned by the PHA and subject to ACCs under the Act: 2. When revisions to the Annual Statement are made,
(1)A description of any housing(including project number and which do not require prior HUD approval,(e.g.,
unit numbers[or addresses]),and the number of affected units expenditures for emergency work,revisions resulting
along with their sizes and accessibility features)for which the from the PHAs application of fungibility);and
PHA will apply or is currently pending for demolition or
disposition;and(2)A timetable for the demolition or 3. Upon completion or termination of the activities funded
disposition.The application and approval process for demolition in a specific capital fund program year.
and/or disposition is a separate process.See guidance on HUD's
website at: 8.2 Capital Fund Program Five-Year Action Plan
http•//www hud eov/oftices/pih/centers/sac/demo dispo/index c
fin PHAs must submit the Capital Fund Program Five-Year Action
Note:This statement must be submitted to the extent that Plan(form HUD-50075.2)for the entire PHA portfolio for the first
approved and/or pending demolition and/or disposition has year of participation in the CFP and annual update thereafter to
changed. eliminate the previous year and to add a new fifth year(rolling
basis)so that the form always covers the present five-year period
(c) Conversion of Public Housing. With respect to public beginning with the current year.
housing owned by a PHA: 1)A description of any building
or buildings(including project number and unit count)that 8.3 Capital Fund Financing Program(CFFP). Separate,written
the PHA is required to convert to tenant-based assistance or HUD approval is required if the PHA proposes to pledge any
Page 2 of 3 Instructions form HUD-50075(2Q08)
portion of its CFP/RHF funds to repay debt incurred to finance
capital improvements. The PHA must identify in its Annual and 5- (c) PHAs must include or reference any applicable memorandum
year capital plans the amount of the annual payments required to of agreement with HUD or any plan to improve perfortnance.
service the debt. The PHA must also submit an annual statement (Note: Standard and Troubled PHAs complete annually).
detailing the use of the CFFP proceeds. See guidance on HUD's
website at: 11.0 Required Submission for HUD Field Office Review. In order to be a
http'//www hud gov/offices/pih/�rosrams/pl�/capfund/cff�cfm complete package,PHAs must submit items(a)through(g),with
signature by mail or electronically with scanned signatures. Items(h)
9.0 Housing Needs. Provide a statement of the housing needs of families and(i)shall be submitted electronically as an attachment to the PHA
residing in the jurisdiction served by the PHA and the means by which Plan.
the PHA intends,to the maximum extent practicable,to address those
needs.(Note: Standard and Troubled PHAs complete annually;Small (a) Form HUD-50077,PHA Certifications of Compliance with
and High Performers complete only for Annual Plan submitted with the the PHA Plans and Related Regulations
5-Year Plan).
(b) Form HUD-50070,Certif:cation for a Drug-Free Workplace
9.1 Strategy for Addressing Housing Needs. Provide a description of (PHAs receiving CFP grants only)
the PHA's strategy for addressing the housing needs of families in
the jurisdiction and on the waiting list in the upcoming year. (c) Form HUD-50071,Certification of Payments to In,Jluence
(Note: Standard and Troubled PHAs complete annually;Small Federal Transactions(PHAs receiving CFP grants only)
and High Performers complete only for Annual Plan submitted
with the 5-Year Plan). (d) Form SF-LLL,Disclosure of LobbyingActivi[ies(PHAs
receiving CFP grants only)
10.0 Additional Information. Describe the following,as well as any
additional information requested by HUD: (e) Form SF-LLL-A,Disclosure of Lobbying Activities
Continuation Sheet(PHAs receiving CFP grants only)
(a) Progress in Meeting Mission and Goals. PHAs must
include(i)a statement of the PHAs progress in meeting the (f� Resident Advisory Board(RAB)comments.
mission and goa(s described in the 5-Year Plan;(ii)the basic
criteria the PHA will use for determining a significant (g) Challenged Elements.Include any element(s)of the PHA
amendment from its 5-year Plan;and a significant Plan that is challenged.
amendment or modification to its 5-Yeaz Plan and Annual
Plan. (Note: Standard and Troubled PHAs complete (h) Form HUD-50075.1,Capital Fund Program Annual
annually;Small and High PerFormers complete only for Statement/Performance and Evaluation Repart(Must be
Annual Plan submitted with the 5-Year Plan). attached electronically for PHAs receiving CFP grants
only). See instructions in 8.1.
(b) Significant Amendment and Substantial
Deviation/Modification. PHA must provide the definition (i) Form HUD-50075.2,Capital Fund Program Five-Year
of"significant amendmenY'and"substantial Action Plan(Must be attached electronically for PHAs
deviation/modification". (Note: Standard and Troubled receiving CFP grants only). See instructions in 8.2.
PHAs complete annually;Small and High Performers
complete only for Annual Plan submitted with the 5-Year
Plan.)
Page 3 of 3 Instructions form HUD-50075(2008)