passed ordinance

*Adopt and authorize submission of the FY 2023-24 Action Plan application for Community Development Block Grant, HOME Investment Partnerships, Emergency Solutions Grant, and Housing Opportunities for Persons with AIDS Programs to U.S. Department of Housing and Urban Development

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  • housing
  • grant
Department
Housing Bureau
Introduced by
Former Commissioner Carmen Rubio
Status
Passed

Impact statement

Purpose & background

Since 1995, the U.S. Department of Housing and Urban Development (“HUD”) has required a single consolidated submission for the planning and applications aspects of the Community Development Block Grant (“CDBG”), Emergency Solutions Grant (“ESG”), HOME Investment Partnerships (“HOME”), and Housing Opportunities for Persons with Aids (“HOPWA”) formula grant programs (collectively the “Formula Grant programs”). The multi-year Consolidated Plan and annual Action Plans have replaced the Comprehensive Housing Affordability Strategy (CHAS), the HOME program description, the Community Development Plan and the CDBG final statement, and the ESG and HOPWA applications. The City of Portland is the lead agency for the Consolidated Plan Consortium, which also includes the City of Gresham and Multnomah County. In accordance with HUD regulations, the Consolidated Plan Consortium is required to submit a Consolidated Plan every five years as a condition of receiving grants through the Formula Grant Programs. The Consolidated Plan contains a snapshot of the community’s housing and community development needs, identifies local priorities, and establishes the strategies each jurisdiction will use to address those priority needs. The Consolidated Plan also includes five-year numeric goals; each jurisdiction will be expected to measure its progress against those goals in the Consolidated Annual Performance Report (“CAPER”) filed annually in the fall. The 2021-2025 Consolidated Plan is the sixth five-year plan that was adopted in the fall of 2021. Consolidated Plan Consortium members also submit an annual Action Plan; Action Plan 2023-2024 is the third annual plan tied to the recently adopted Consolidated Plan and will be submitted this year as an application to the HUD Formula Grant programs. HUD regulations also require each consortium receiving federal housing and community development funds to certify that it is affirmatively furthering fair housing. This requirement is guided by the Affirmatively Furthering Fair Housing (“AFFH”) rule. In 2020, HUD reduced the AFFH to simply an ongoing commitment toward fair housing for entitlement jurisdictions. Reverting that in April 2021, HUD has released two interim rules: (1) restoration of AFFH and (2) reinstatement of the disparate impact rule. These rules will determine the nature of the required update to the Fair Housing Assessment and/or Analysis of Impediment (“AI”). For the Consolidated Plan 2021-25, as per requirement, the Consolidated Plan Consortium certified a commitment to furthering fair housing. Until the time the fair housing assessment is updated, the 2011 AI that describes the barriers to fair housing choice, which remain today, and includes recommendations for actions to address and eliminate them, continues to remain the guiding document for affirmatively furthering fair housing. Most of these recommendations continue to be addressed by programs funded in the FY 2023-2024 Action Plan. The Consolidated Plan Consortium establishes local priorities, consistent with national objectives and priorities established by HUD to utilize funds allocated by the Formula Grant Programs. Over the five-year period covered by the 2021-2025 Consolidated Plan, over $75 million is expected to be available through these programs, including allocations and program income. Each federal funding source has specific program requirements that restrict eligible actions and projects. The Consolidated Plan and the annual Action Plans are required to be formatted to answer specific questions by HUD about how these federal funds will be spent. The federal program objectives and local housing goals to meet those objectives are listed below. CDBG Program Objectives : Provide decent housing; create suitable living environments; expand economic opportunity HOME Program Objectives: Expand the supply of decent, safe, sanitary, and affordable housing ESG Program Objective : Reduce and prevent homelessness HOPWA Program Objective : Provide housing for persons with HIV/AIDS Summary of the objectives and outcomes identified in the Consolidated Plan As determined in the Needs Assessment and Market Analysis included in this plan, the three broad needs and goals identified are described below: CONSORTIUM NEEDS ASSOCIATED GOALS 1. Affordable housing choice: The community needs safe housing in good condition for all residents. Projects accomplishing this goal include home repair, down payment assistance, new housing development support, affordable housing development, rental housing rehabilitation, and permanent supportive housing. 1. Increase and preserve affordable housing choice in ways that promote racial equity 2. Basic services & homeless prevention/intervention: There is a pressing need in the community to prevent and reduce homelessness and increase stability for all residents. Projects accomplishing this goal include interventions across a broad spectrum, such as: supportive and emergency services, transitional housing, shelters, homelessness prevention through service interventions, Housing First models, fair housing enforcement and education, and cultural and population appropriate program delivery and activities to increase self-sufficiency (e.g., job training, employment readiness and education). 2. Reduce and prevent homelessness in ways that can mitigate overrepresentation of BIPOC communities 3. Community and economic development: The community needs improvements to area infrastructure, facilities, economic opportunities, and economic development. Programs to improve employment outcomes and household economic stability include employment training, referral, self-sufficiency, and economic enhancement programs. Projects will also support micro-enterprises and business development, as well as public facilities, parks, and transportation improvements. 3. Improve livability through infrastructure, employment, and anti-poverty strategies

Financial impacts

This annual Action Plan FY 2023-2024 will bring just over $15 million in federal grant resources for the referenced fiscal year for housing, homelessness prevention, and community economic development. The Consolidated Plan identifies three investment goals for federal funds. These three goals are: Affordable housing choice (Need); increase and preserve affordable housing choice (Goal). Basic services & homeless prevention/intervention (Need); reduce and prevent homelessness, including mitigating the overrepresentation of Black, Indigenous, and People of Color experiencing housing instability (Goal). Community and economic development (Need); improve livability and promote economic development in low- and moderate-income areas by investing in community infrastructure, employment training, and anti-poverty strategies for area residents (Goal). Grant Amount Entitlement Area Community Development Block Grant $8,456,932 City of Portland HOME Investment Partnerships Program $4,096,810 Portland HOME Consortium Emergency Solutions Grant $ 728,121 City of Portland Housing Opportunities for Persons with AIDS $2,116,579 City of Portland for HOPWA EMSA (Clackamas, Clark, Columbia, Multnomah, Skamania, Washington, and Yamhill Counties) Matching funds estimated to equal $1,024,202.50 are required for the HOME program. The members of the HOME Consortium each contribute their pro rata share of the match. Key sources of the match include local tax increment funds; local general funds; grant funds from the State Housing Trust Fund, the value of below market financing using the Oregon Affordable Housing Tax Credit; the value of donated property and donated labor; the value of property tax exemptions for low- and moderate-income home ownership properties developed in distressed neighborhoods; the value of property tax exemptions for low‑ and moderate-income rental housing owned by charitable nonprofits and rented to income-qualified tenants; the value of property tax exemptions for low- and moderate-income housing developed under the Multiple-Unit Limited Tax Exemption (MULTE) program the value of building permit fee waivers and system development charge waivers; and the value of contributions from charitable and corporate sources. Federal regulations do not require a general fund match for the HOME grant. Notably, an excess match of $26,208,943.21 [MA1] [SA2] was carried over for FY 2023-2024 and so the City of Portland stands to have a surplus match available for the upcoming fiscal year. Dollar-for-dollar matching funds are required for the ESG program. The source of the $728,121 match is expected to be general fund allocated in the PHB budget to Housing Access & Stabilization programs benefitting people experiencing homelessness.

Community impacts

This annual Action Plan for the fiscal year 2023-2024 was prepared during a time when the Consolidated Plan Consortium was transitioning out of the COVID-19 Pandemic era. Consequently, the City of Portland has relied on hybrid (in-person & Zoom) hearings, routine advisory committee meetings, and online surveys for soliciting public comments. Additionally, the Consolidated Plan Consortium makes “comment cards” available year-round that may be used to submit comments. Further, the comment cards have been translated into four different safe harbor languages, Spanish, Simplified Chinese, Russian, and Vietnamese, based on the Consolidated Plan Consortium language access guidance. Similarly, the City of Portland has relied on over-the-phone consultations, inputs from multiple task forces convened to address the needs created by the public health emergencies, and a tailored “Consultant Survey”. In addition to the survey opportunities, the City of Portland held a hybrid Zoom hearing in Summer 2023 to share the highlights from the Consolidated Plan and Action Plan. Community residents also had an opportunity to offer comments at the respective City Council hearings for Gresham and Portland and at the Oversight Board for Multnomah County. The meetings were advertised in widely circulating dailies and through the Emma email blast platform. Draft plans were made available online along with the option to obtain paper version upon request. Calendar of events for the annual Action Plan FY 2023-2024 Activity Date City of Portland Community Needs Hearing for Action Plan FY 2023-24 Nov 8, 2022 Fall Community Needs Hearing (Gresham & Multnomah County) Nov 16, 2022 Multnomah County Hearing (CDBG Policy Advisory Board) April 27, 2023 City of Gresham Hearing (Community Development & Housing Subcommittee) May 3, 2023 City of Gresham Council June 20, 2023 City of Portland Action Plan FY 2022-2023 Community Hearing July 19, 2023 City of Portland Council August 16, 2023 This annual Action Plan responds to testimony regarding the need to protect the interests of renters, especially low-income renters, renters of color, and all other protected class groups. The majority of public comments have been about hardships imposed by the public health emergency and the ongoing economic turmoil including, but not limited to, decades of high inflation, the plight of the population experiencing homelessness, and the continued lack of affordable housing options of all types and in all locations throughout Multnomah County. As an expression of the focus on racial disparities across the nation and in the Portland metropolitan area, residents have brought up exacerbated inequities experienced by the BIPOC population. A summary of comments received thus far includes eviction risk, economic instability, decreasing supply of homes for sale, increasing rents, housing discrimination, scarcity of living wage jobs, and the lack of financial support for small businesses. Displacement risk for low-income residents to areas with fewer amenities continues to be a problem. As another impact of the COVID-19 Pandemic, area residents also noted a spike in mental health services needed, as the pandemic has negatively impacted some community members’ mental health, especially children and teens struggling with the impacts of distance learning. Strategies suggested included culturally specific housing services tailored to the needs of these populations, reducing screening barriers, and increasing household incomes. The public involvement process is contained in the Citizen Participation Plan ("CPP") and is a part of the 2021-2025 Consolidated Plan. The community participation process for this annual Action Plan follows the CPP guidelines and the HUD entitlement program waivers regarding public participation. Other Government Participation Government partners and stakeholders solicited in the creation of this plan emphasized the need for housing and services that will serve the low-income households in the jurisdiction and also emphasized the need to serve the needs of the segment of the population experiencing homelessness. Serving the needs of populations with added vulnerabilities, such as those related to physical or mental health concerns, age, children, race, sex, gender, domestic violence, ethnicity, and immigration status, was also raised. Partner agencies also noted how health, housing, and household prosperity and stability are interrelated.

Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: The City of Portland, as a local government, is eligible to receive four federal housing and community development entitlement grants (collectively “Formula Grants”) from the U.S. Department of Housing and Urban Development (“HUD”): Community Development Block Grant (“CDBG”), pursuant to Title I of the Housing and Community Development Act of 1974, as amended; HOME Investment Partnerships (“HOME”) grant, for the development of affordable housing for low and moderate-income households, as authorized by the HOME Investment Partnerships Act, as amended; Emergency Solutions Grants ("ESG") program, as authorized by Subtitle B of Title IV of the McKinney-Vento Homeless Assistance Act as amended by S.896 of the Homeless Emergency Assistance and Rapid Transition to Housing (“HEARTH”) Act of 2009 (42 U.S.C. 11371-11378); Housing Opportunities for Persons with AIDS (“HOPWA”) grant, pursuant to the AIDS Housing Opportunity Act (42 U.S.C. 12901, et seq.), as amended; Since 1995, HUD has required a single consolidated submission for the planning and applications aspects of the Formula Grant programs (a “Consolidated Plan”). The multi-year Consolidated Plan and annual Action Plans have replaced the Comprehensive Housing Affordability Strategy (CHAS), the HOME program description, the Community Development Plan and the CDBG final statement, and the ESG and HOPWA applications. The CDBG program regulations provide that jurisdictions may create a consortium to apply for Formula Grants through the submission of a multi-year Consolidated Plan and annual Action Plans. The City of Portland has formed a Consolidated Plan Consortium (also referred to as the “Portland Consortium” or the “Consortium”) with the City of Gresham and Multnomah County, Oregon, for this purpose each year since 1991. The City of Portland is the lead jurisdiction in the Consortium. The most recent Consortium agreements are effective through June 30, 2025, and this aligns with the currently adopted Consolidated Plan period of 2021-2025. The HOME program regulations provide that jurisdictions may create a consortium for the purpose of receiving and administering their HOME grants. The City of Portland has formed a HOME Consortium with the City of Gresham and Multnomah County, Oregon, for this purpose each year since 1991. The City of Portland is the lead jurisdiction in the HOME Consortium. The most recent HOME Consortium agreements are effective through FY 2023-2024 and new agreements will be executed for the period beginning July 2024. The City of Portland has been designated by HUD as the lead applicant for the HOPWA grant on behalf of the eligible metropolitan statistical area comprised of Clackamas, Clark, Columbia, Multnomah, Skamania, Washington, and Yamhill Counties (the “HOPWA EMSA”). Staff from the Portland Housing Bureau (“PHB”) and the Joint Office of Homeless Services (“JOHS”) plan for the allocation of these funds with representatives from the seven counties. Matching funds estimated to equal $1,024,202.50 are required for the HOME program. The members of the HOME Consortium will each contribute their pro rata share of the match. Key sources of the match are expected to include local tax increment funds; local general funds; grant funds from the State Housing Trust Fund, the value of below-market financing using the Oregon Affordable Housing Tax Credit; the value of donated property and donated labor; the value of property tax exemptions for low- and moderate-income home ownership properties developed under the Homebuyer Limited Tax Exemption (“HOLTE”) program; the value of property tax exemptions for low‑ and moderate-income rental housing owned by charitable nonprofits and rented to income-qualified tenants; the value of property tax exemptions for low- and moderate-income housing developed under the Multiple-Unit Limited Tax Exemption ("MULTE") program; the value of building permit fee waivers and system development charge waivers; and the value of contributions from charitable and corporate sources. Although a general fund match may be available, federal regulations do not require a general fund match for the HOME grant. Dollar-for-dollar matching funds are required for the ESG program. The source of the $728,121 match is expected to be general funds allocated in the PHB FY 2023-24 budget to Housing Access & Stabilization programs benefitting people experiencing homelessness. Federal regulations do not require a local match for the CDBG and HOPWA grants. HUD has notified the City of Portland that, with its partners in the Consolidated Plan Consortium, the HOME Consortium, and the HOPWA EMSA, it is entitled to funding for the Fiscal Year 2023-24 in the following amounts: Grant Amount Entitlement Area Community Development Block Grant (CDBG) $8,456,932 City of Portland HOME Investment Partnerships Program (HOME) $4,096,810 Portland HOME Consortium Emergency Solutions Grant (ESG) $ 728,121 City of Portland Housing Opportunities for Persons with AIDS (HOPWA) $2,116,579 City of Portland for HOPWA EMSA (Clackamas, Clark, Columbia, Multnomah, Skamania, Washington, and Yamhill Counties) The City of Portland, as the lead jurisdiction in the Consolidated Plan Consortium, has complied with public notice and hearing requirements set forth in the Consolidated Plan regulations and the Consolidated Plan Consortium’s duly adopted Citizen Participation Plan. Council has been fully apprised of the PHB budget, and the federal funding projected for the PHB program and projects. The annual Action Plan for FY 2023-2024 (see Exhibit A), and the applications and certifications for the aforementioned plan are due to be submitted to HUD on or before August 16, 2023. It is appropriate and in the public interest that the Mayor be authorized to apply for and receive these Formula Grant funds from HUD for the City of Portland and its inter-jurisdictional partners. HUD requires each local government to submit a certification with its annual Action Plan that it is Affirmatively Furthering Fair Housing ("AFFH") (24 CFR Part 91). The City of Portland has complied with public notice and hearing requirements set forth in the Consolidated Plan regulations, the Consolidated Plan Consortium’s duly adopted Citizen Participation Plan (“CPP”). Signed certifications that the City of Portland, City of Gresham, and Multnomah County are Affirmatively Furthering Fair Housing and other certifications are submitted with the annual one-year Action Plan 2023-24 grant application. NOW, THEREFORE, the Council directs: That the City of Portland adopt the Portland Action Plan FY 2023-24 as outlined in a form substantially in accordance with the document attached as Exhibit A. The Mayor is authorized to apply to HUD for the following grants in the amounts specified and on behalf of the City of Portland and all other jurisdictions identified: Grant Amount Entitlement Area Community Development Block Grant (CDBG) $8,456,932 City of Portland HOME Investment Partnerships Program (HOME) $4,096,810 Portland HOME Consortium Emergency Solutions Grant (ESG) $ 728,121 City of Portland Housing Opportunities for Persons with AIDS (HOPWA) $2,116,579 City of Portland for HOPWA EMSA (Clackamas, Clark, Columbia, Multnomah, Skamania, Washington, and Yamhill Counties) The Mayor is authorized to provide such assurances and information to HUD as may be required for the application and orderly management of the Formula Grants. This ordinance is binding City policy. Section 2. The Council declares that an emergency exists because the program funds must be obligated within their required timeframes; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay

Roll call (5)