Small-Footprint Housing: A Path to Fair Housing Diversity

1. Get Small Think Big:Housing for a New Economy and Legal LandscapeIdaho Chapter, American Planning Association2015 Conference, Sandpoint, ID GuestsJeremy Grimm, Former Planning Director City of Sandpoint Jennifer Yost, PCED / Nampa Hilary Anderson, CdA ModeratorErik Kingston, PCED / IHFA

2. Key topics The role of small-footprint housing and shelter • Market demand—diverse market, from under- to over-housed @ many income levels • Multiple drivers—economic, lifestyle, debt • Fair housing—one option to distribute affordability and housing choice • Relationship and response to local building and planning values

3. Eco(nomic)system diversity = stability

4. Personal Shelters Conestoga Hut v communitysupportedshelters.org Sheep Wagon v rockingtsheepwagons.com Custom: varies $499.20 $250-$500 Boise Alternative Shelter Co-op ^ www.basc.space Opportunity Village 30 units + Infrastructure < $100K > www.squareonevillages.org

5. RV or House? $12+K Retirees v Maryland couple Craftsman v fourlightshouses.com Tiny Family ^ minimotives.com $18K $24,800K / $29,500K

6. Terms and definitions* • THOW – Tiny House On Wheels • Alternative to ‘Ground-Bound’ structures • Technically less than 420 s.f. (HUD) • Generally less than 250 s.f. • Wheels allow R.V. designation, DOT regulation • Wheels also limit occupancy/length of stay • Organic response to lot size/s.f. minimums *Minimotives.com

7. THOW Considerations Owner/resident Local government +/- Marketing opportunity Diversify local market Economic development Fair housing/reduce risk Permits/fees Building/zoning Adapting to change • Cost savings • No mortgage • Mobile lifestyle • DIY element • Small footprint • Modern mobile home • Disposable income/time

8. We’re in this together… Conversation starters: Jeremy Sandpoint’s planning evolution (photos N/A) Jennifer Fair Housing considerations/2015 SCOTUS decision Hilary Current regulations and thinking Time for Q&A

9. Fair Housing…wait, what? • Increased scrutiny of ‘disparate impact*’ • Housing distribution, diversity and cost matter • More diverse housing types and price points support compliance with Fair Housing Act • Compliance secures funding, limits liability • Housing and shelter diversity helps meet needs of all community residents *detailed in following slides

10. The Fair Housing Act It is unlawful to make a dwelling unavailable to any person because of race, color, religion, sex, familial status, national origin, or handicap. 42 USC § 3604(a)-(f) It is unlawful to discriminate against any person in a real estate related transaction (terms or conditions) because they are a member of a protected class. 42 USC § 3605(a)

11. What is a Disparate Impact Claim? A policy or practice that has or will have a discriminatory effect [disproportionally adverse to a protected class]. Often neutral on its face. No requirement of discriminatory intent or motive. Liability based upon consequence of actions.

12. Texas Department of Housing and Community Affairs et al. v. Inclusive Communities Project, Inc. et al. • Initial burden on Plaintiff to prove a challenged practice caused or will cause a discriminatory effect. • Statistical disparity alone is insufficient to make disparate impact case • Applies to pattern and practice, not a one-time decision/action • Shifts to Defendant to prove that the challenged practice is necessary to achieve substantial legitimate nondiscriminatory interests. • Shifts back to Plaintiff to prove that the Defendant’s nondiscriminatory interests could be served by another practice that has a less discriminatory effect.

13. Practical Implications • Review ALL “general laws, policies, rules or programs” for unintentional income segregation • Correlates with protected class segregation • Often impacts classes defined by race, ethnicity, disability, and familial status

14. Practical Implications • Before adopting any policy or practice, ask: • likelihood to negatively impact a protected class compared to the general population? • necessity to achieve substantial legitimate, non-discriminatory interest? • option of a less discriminatory alternative?

15. Data Supported Decision Making • Demographics & mapping: • Community • Neighborhoods • Tenants/Owners • Strategic & Comprehensive Planning • Subsidized/Assisted Housing Usage & Location • Proximity to services/transit/jobs • Geographic barriers • Neighborhood Affinity vs. Gentrification

16. Zoning barriers can include: • Restrictions on use • Higher quality standards for some types of facilities • Additional procedural steps for some types of facilities (allowed by-right vs. CUP) • Minimum lot & house sizes • Locating Higher Density Residential • Be aware of exclusions/limits on attached or multifamily housing and group homes

17. Resources • HUD Disparate Impact Final rule issued February 2013 - HUD 24 CFR 100.500 • http://www.huduser.gov/portal/affht_pt.html#dataTool-tab • In proposed guidance on the obligation to Affirmatively Further Fair Housing released in July 2013, HUD announced the creation of a uniform data set to assist program participants in identifying housing needs and conducting disparate impact analyses

18. Tiny Homes –built & sold locally • 500 SF or less • Sleeping area • Bathroom • Shower • Kitchenette • Living space • Storage • Mobile • Optional upgrades

19. Future Tiny Homes in Cd’A? • Potential tiny home communities • C-17 with an Auto Camp/RV Park SUP • MH-8 • PUD • Pocket Residential Development • Tiny home ADU’s

20. Tiny Home Communities? • C-17 with an Auto Camp/RV Park SUP • Tiny house on wheels • Limited by “RV” definition & size (≤ 220 SF) • MH-8 Mobile Home Park • Tiny house on a foundation • Limited by HUD standards & size (≥ 320 SF) • Planned Unit Development (PUD) • Pocket Residential Development (PRD)

21. Pocket Residential Development (PRD) * 3 units or more Zoning: R-8, R-12, R-17, C-17, C17L Site Size: >7,500 SF and <5 acres DU Min. Size: Per Bldg Code Height Maximums: 32 FT max. Lot Coverage: 50% Usable Open Space: 300 SF/DU min. Parking: 1 stall per bedroom

22. Tiny Home ADU’s? Accessory Dwelling Units * Owner Occupancy restrictions Size Limits (excluding garage): 300 SF min. 700 SF max. Height Maximums: 32 FT max (in buildable area of principal structure)14-18 FT max (in rear yard) No parking required for the ADU

23. Building Code Requirements… if it’s on a foundation • Meet D.U. definition - Living/Sleeping/Eating/Cooking/Sanitation • Meet Energy Code • Meet IRC • Meet site built, modular & manufactured home requirements • One egress: 3068 door • Smoke detector • Electric fuel source*

24. Current & Future IRC • 2012 IRC (adopted in Jan. 2015) • At least one habitable room that is 120 SF • 70 SF minimum area for other habitable rooms • 7 FT minimum horizontal dimension & 7 FT ceiling height • Bathroom with bathing facility • Kitchen area with a sink and cooking apparatus Min. size* = 150 SF or ≥ 208 SF (190 SF + bathroom) • Adoption of 2015 IRC in Idaho?? • Removes 120 SF requirement (Section R304 modifications) Min. size = 88 SF ??

25. Should we rethink / retool our ordinances?

26. Questions?