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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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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? • Lease • Subsidy • Development Agreement Developer Government Agreement Cooperation Agreement Community Benefits Local Government Community Coalition Cooperation Agreement
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 2008for massive mixed-use project – 12,000 anticipated residential units. • 32% ofhousing 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 • 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