November 9, 2015 at 6 pm November 12, 2015 at 12 pm THE PARTNERS - - PowerPoint PPT Presentation

November 9, 2015 at 6 pm November 12, 2015 at 12 pm

THE PARTNERS

• Three tools: shared goals, different histories
• Functions and applications often overlap
• Focus on Fair Housing Act (FHA)

HOUSING FOR EVERYONE

Fair Housing Building Codes Inclusionary Zoning

SO MANY LAWS – SO LITTLE TIME

• SUBDIVISION & LAND DEVELOPMENT (PA Muncipalities

Planning Code

• Division of land
• Arrangement of structures, infrastructure and utilities as

the relate to environmental and topographic features, and

• ffsite conditions

SO MANY LAWS – SO LITTLE TIME

• ZONING (PA Municipalities Planning Code)
• Uses of land and water
• Size, height, bulk, location, external alteration and removal
• f structures
• Areas and dimensions of land and water, including open

space

• Density of population and intensity of use
• Protection and preservation of natural and historic features

and prime agricultural land and activities

SO MANY LAWS – SO LITTLE TIME

• BUILDING CODE (PA Act 45/UCC)
• Minimum standards for constructed objects such as buildings and non-building

structures

• Alterations, minor and major, to existing structures

SO MANY LAWS – SO LITTLE TIME

• Subdivision, land development, zoning and building codes are interelated

FAIR HOUSING ACT

• Primary acts of housing discrimination

Covenants Redlining Blockbust- ing Civil Rights Response

• It is unlawful to refuse to sell or rent, or to make housing unavailable

to people based on the following fundamental characteristics:

PROTECTED CLASSES

Race Color Religion National Origin Sex Handicap* (Disability) Familial Status (Children under 18, Pregnancy)

NOT THE SAME AS AFFORDABLE HOUSING.

APPLICABLE LAWS

• Civil Rights Act of 1866
• Fair Housing Act
• Pennsylvania Human Relations Act
• Municipal Ordinances

CIVIL RIGHTS ACT OF 1866

• Prohibits discrimination on the basis of race and

color in the sale and rental of property Jones v. Alfred H. Mayer Co., 392 U.S. 409 (1968)

• Race discrimination is always illegal because no

exemptions in this law

FAIR HOUSING ACT

• Congress passed FHA in 1968, amended in 1974 &

1988, Title VIII of the Civil Rights Act of 1968

PA HUMAN RELATIONS ACT

PHRA provides additional protections covering:

• Owner-occupied buildings with more than 2 units
• Individuals 40 years old and older
• Individuals using guide or support animals due to blindness, deafness
• r physical handicap
• Individuals handling or training support or guide animals
• Individuals related to or associated with individuals with disabilities

MUNICIPAL ORDINANCES

• Municipalities may pass
• rdinances that cover

additional protected classes

• Allentown, Bethlehem

and Easton added the protected classes of:

• Sexual orientation
• Gender identity and

gender expression

• Marital status

OTHER RELATED LAWS

• Americans with Disabilities Act (ADA) of 1990
• Laws applying to recipients of federal funding:
• Title VI of the Civil Rights Act of 1964

(protected classes: race, color, national origin)

• Section 504 of the Rehabilitation Act of 1974 (protected class:

disability)

• Age Discrimination Act of 1975

• With regards to the protected classes, it is illegal to…

PROHIBITED ACTIONS

• Refuse to rent, sell or negotiate for housing
• Set different terms, conditions or privileges in the sale or rental of a dwelling, or in terms
• f a mortgage loan
• Falsely state that housing is unavailable for inspections, sale or rental
• Steer families with children or people with disabilities to the first floor
• Steer groups away from a neighborhood dominated by a certain racial or ethnic group
• Refuse to rent to an individual because of the presence of a guide dog or support animal
• Refuse to allow an individual with disabilities to make reasonable modifications to a

dwelling or common use area if necessary for the individual to use/access the housing

• Threaten, coerce, intimidate or interfere with anyone exercising or assisting others in

exercising a fair housing right

• Engage in other actions, policies, or the administrations of policies that have the effect of

restricting housing opportunities on the basis of one of the seven protected classes

• Otherwise make unavailable or deny housing

• Title 24, Part 100 of the Code of Federal Regulations:

ZONING AND LAND USE

Prohibited activities relating to dwellings. . .include, but are not limited to: (5) Enacting or implementing land-use rules, ordinances, policies or procedures that restrict or deny housing opportunities or otherwise make unavailable or deny dwellings to persons because of race, color, religion, sex, handicap, familial status or national origin.

ZONING AND LAND USE

• What does this mean for municipalities?
• They CANNOT impose distinct spacing requirements on nontraditional housing targeting

protected classes, which could include the following: group homes for persons with disabilities; permanent supportive housing; transitional housing for individuals who are recovering from substance abuse

• They CANNOT require additional studies or procedures when considering a development that

may be occupied by members of the protected classes—i.e., studies that do not get imposed on

• ther types of development
• They CANNOT require notification or a public hearing only for the development of homes which

might target protected classes, but not other types of development

• They CANNOT reject a proposed housing development in response to neighbors’ fears that

certain protected classes will occupy such housing

• They CANNOT refuse to allow an exception or variance to an setback requirement as a

reasonable accommodation for a disabled resident who must build some redesign of the structure (e.g, a wheelchair ramp or modified doorway) in order to access the housing

TYPES OF HOUSING

Apart- ments Single- Family Homes Condomin

• iums

Manufact- ured Homes C o m m o n U s e A r e a s ( w i t h i n e x i s t i n g h o u s i n g c o m p l e x e s )

Covered under the Fair Housing Act and the Americans with Disabilities Act

• “Mrs. Murphy”: owner-occupied and

four units or less

• Religious organizations: preferences

for non-commercial transactions

• Private club: non-commercial

transactions

• Private individual w/ three single-

family homes or less if w/o broker

• Age-restricted communities: 80% at

55+ or 100% at 62+

EXEMPTIONS

• Also a person is not a protected

class if:

• Juvenile or sex offenders
• Currently illegally using controlled

substances

• Persons w/ disabilities who pose

significant danger to others

• May discriminate by sex in seeking a

roommate, when shared housing w/ communal kitchen facilities

• Advertisements cannot discriminate against protected classes –

nullifies the exemption

• Civil Rights Act of 1866: protections for race and color
• Age (over 40) is a protected class in Pennsylvania
• Roommates not exempt if there is a clear physical separation

between units

OTHER STATUTES

ENFORCEMENT

• Lawsuit Filed in State or Federal Court: 2 years
• Complaint Filed with:
• Dept. of Housing & Urban Development (HUD): 1 year
• PA Human Relations Commission (PHRC): 180 days
• City Human Relations Commission:
• Allentown & Bethlehem: 180 days
• Easton: 300 days

CONSEQUENCES TO VIOLATIONS

Types of Relief Ordered by Courts:

• Money Damages to Victims
• Fines
• Injunctive Relief
• Mandatory Fair Housing Training for Defendant
• Defendant paying Victim’s Attorney’s Fees

WAYS TO VIOLATE FAIR HOUSING LAWS

1) Discriminatory Intent (Disparate Treatment) 2) Discriminatory Effects (Disparate Impact) 3) Refusal to grant reasonable accommodation or reasonable modification (Disability discrimination)

DISCRIMINATORY INTENT (DISPARATE TREATMENT)

• Writing discrimination into the ordinance, code,

procedure or policy

• Treating a member of a protected class differently

than someone who is not a member of that protected class (different treatment because of membership in the protected class)

Familial Status Discrimination

2015 Settlement

• WRO alleged that Village of Bronxville in Westchester County, NY

wanted to attract residents without children to a new development in the village

• In 2006, Village amended its zoning code to allow for special use

permit for age-targeted multiple residence facilities

• Developer must show that residence “designed to appeal primarily to

individuals and couples without children” to receive special use permit

DISCRIMINATORY INTENT (DISPARATE TREATMENT)

Westchester (cont.)

• Environmental impact study stated that development was designed

to deter families with children from buying the condos, stated that “worst-case scenario being if non-empty nesters occupied 50%” of units

• Village’s mayor promoted the development to “empty-nesters” &

indicated in newspaper articles the worst case scenario was 6 new students for the school district from condo development

• 2015: Village of Bronxville paid $95,000 to settle a lawsuit file by a

fair housing organization (WRO)

Familial Status Discrimination

DISCRIMINATORY INTENT (DISPARATE TREATMENT)

Other Examples:

• Ordinance prohibiting Latinos from buying a home in the municipality
• Requiring public hearings before petitions for exemptions to zoning
• rdinance if the requester is an individual with a disability or an
• rganization providing housing for individuals with disabilities
• Ordinance requiring minimum spacing of 1000’ between group homes
• Special parking requirements for group homes but not other

residences

• Granting a variance to allow a group home for individuals with

cognitive impairments to be sited in a residential neighborhood but requiring as a condition that no residents of the group home can have a mental health diagnosis

DISCRIMINATORY INTENT (DISPARATE TREATMENT)

DISCRIMINATORY EFFECTS

(DISPARATE IMPACT)

• Ordinance, policy or practice that is not overtly

discriminatory but has the effect of discriminating against people of a protected class

• Some think of discriminatory effects as

“unintentional” discrimination

2008 Settlement

• St. Bernard Parish outside of New Orleans passed an ordinance in

2006 prohibiting rentals of single-family houses to anyone except the

• wner’s blood relatives
• Whites were 88% of the Parish population & owned 93% of owner-
• ccupied housing in St. Bernard Parish
• Ordinance had the discriminatory effect of preventing renters of color

from renting single-family homes

• St. Bernard Parish paid $152,271 to settle after fair housing
• rganization sued, later additional settlement for $900,000

DISCRIMINATORY EFFECTS

(DISPARATE IMPACT)

Other Examples:

• Ordinance defining the number of unrelated individuals who can live

together (discriminatory effect on individuals with disabilities who are more likely to need to live in a group setting with people to whom they aren’t related)

• Burdensome or expensive process for resident to apply for a

conditional use (discriminatory effect on individuals with disabilities who are more likely to need to request a conditional use)

DISCRIMINATORY EFFECTS

(DISPARATE IMPACT)

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015)

• ICP community organization challenging in

which Dallas neighborhoods Low-Income Housing Tax Credits developments were approved

• ICP argued that Department approving LIHTC

properties in non-white neighborhoods (rather than majority white neighborhoods) had a discriminatory effect by perpetuating racial segregation.

SOURCE: Forbes.com

DISCRIMINATORY EFFECTS

(DISPARATE IMPACT)

Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc. (2015)

• Court agreed that plaintiffs could sue under

the FHA if a neutral policy had a discriminatory effect

• First time Supreme Court said a plaintiff could

do so, though all nine Courts of Appeal had approved disparate impact claims since 1988.

• Case remanded to lower court: if Plaintiff

makes their case, housing provider could defend by showing valid interest served by policy that is not “artificial, arbitrary and unnecessary barrier..”

SOURCE: Forbes.com

DISCRIMINATORY EFFECTS

(DISPARATE IMPACT)

DEFINING DISABILITY

• Individual with a physical or mental impairment that

substantially limits one or more major life activities, or

• Individual who is regarded as having such an impairment, or
• Individual with a record of such an impairment

Major life activities include activities of central importance to daily life:

• Seeing
• Hearing
• Speaking
• Walking
• Caring for one’s self
• Performing manual tasks
• Learning

REASONABLE MODIFICATION

Structural change to:

• Exterior
• Interior
• Common areas

REASONABLE ACCOMMODATION

Change or exception to an ordinance, policy or practice

DISABILITY – ADDITIONAL PROTECTIONS

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

Goal of RA/RM:

• Equal enjoyment of housing

for individuals with disabilities

• Allowing individuals with

disabilities to use and enjoy their housing in the same way as individuals without disabilities

• Allowing individuals with

disabilities to live in the community

Wheelchair accessible apartments with Bethlehem Housing Authority. SOURCE: LVPC

Municipalities must grant reasonable accommodations to

• rdinances, policies and procedures if:
• Individual has a disability
• Individual asks for change or exception
• Change or exception is related to his or her disability (nexus)
• Change or exception necessary for equal enjoyment

Municipalities may deny reasonable accommodation requests if they would create:

• Undue financial burden and administrative burden,
• Undue hardship, or
• Fundamental alteration of the zoning scheme

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

Factors considered for whether RA to zoning ordinance is reasonable:

• Scope of modification
• Magnitude of modification
• Features of surrounding neighborhood

Refusal to Grant Reasonable Accommodation/Modification:

• Case-by-case determination by court or agency about whether

reasonable accommodation should have been granted

• Municipality’s “inordinate delay” or not responding to reasonable

accommodation request is considered a denial of the request

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

Neighbors’ Concerns

• Municipal officials cannot make decisions in reaction to

neighbors’ concerns or complaints based on fear or stereotypes of individuals with disabilities

• Example: Testimony from neighbor that his niece is diagnosed

with autism and she has behavioral problems so the residents

• f a group home for individuals with autism would present a

danger to neighborhood children

• Municipal officials cannot use as a defense that they

themselves are not prejudiced

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

Anderson v. City of Blue Ash (6th Cir. 2015)

• Homeowner wanted to keep a miniature horse as service animal for

her daughter, daughter has disabilities that affect her balance, horse allows daughter to exercise by stabilizing her as she walks

• Municipality prohibits horses from residential homes
• Zoning Hearing Board & Council denied homeowner’s requests to

keep the horse, homeowner cited

• 6th Circuit Court of Appeals found that allowing horse was not a

fundamental alteration of zoning scheme so municipality had to grant RA of allowing horse if lower court found horse was necessary for the daughter to use and enjoy housing

RM/RA FOR SERVICE ANIMALS

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION) Examples of Reasonable Accommodations:

• Waive setback requirement so resident can install a wheelchair-

accessible front walk

• Grant exception for group home to ordinance prohibiting more than

five unrelated people from living together

• Allow installation of higher fence for individual with mental health

disability to relieve anxiety from outside stimulation

• Grant request for curb cut for front driveway for individual with mobility

impairment even though ordinance usually only allows front driveways when at least 50% of the houses on the street have front or side driveways or there is a hardship

• Assistance animals include
• Service animals
• Emotional support animals (ESAs)
• Different rules for service animals

under fair housing laws & Americans with Disabilities Act (ADA)

• ADA covers public accommodations,

such as public buildings, restaurants, real estate and rental offices, etc.

• Fair housing laws cover the person’s

dwelling, common areas, entrances/exits, etc.

SOURCE: Care2.com

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

Assistance Animals under FHA:

• Person with disability may request accommodation for assistance

animal, if person can show relationship between needing animal & disability

• Requester must show relationship to disability
• Example: Wheelchair bound tenant who does not need service animal

must show emotional support animal assists him with mental disability, not physical disability

• Example: Tenant with PTSD must have supporting documentation that

ESA calms him

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

SOURCE: Animalwellnessmagazine.com

• Assistance animals do not need to have

special training

• Assistance animals can be any type of

animal, not just a dog

• Assistance animals are not “pets” – they

are a reasonable accommodation request to a municipality’s ordinance

• HUD guidelines allow all dogs to be

assistance animals, even if breed is considered dangerous by ordinance for pet dogs

DISABILITY DISCRIMINATION

(REASONABLE ACCOMODATION/MODIFICATION)

• Fair housing laws do not prevent municipalities from setting

reasonable occupancy maximums on the number of people living in a residence to prevent overcrowding

• Occupancy codes must apply to everyone, not just to group homes or

treatment facilities

OCCUPANCY MAXIMUMS

Familial Status Discrimination Occupancy Codes

• HUD’s default rule is 2 people per bedroom but it recognizes a lot of exceptions

to this rule, such as:

• Size of unit
• Configuration of unit
• Age of children

HUD “Keating Memo” (1991)

HUD/DOJ Joint Statements

• “Group Homes, Local Land Use & the Fair Housing Act”
• “Reasonable Accommodations Under the Fair Housing Act”
• “Reasonable Modifications Under the Fair Housing Act”
• “Accessibility (Design & Construction) Requirements for Covered

Multifamily Dwellings Under the Fair Housing Act” All four publications available at http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_ equal_opp/library More information on accessible design at www.FairHousingFIRST.org

FAIR HOUSING RESOURCES

ACCOMODATIONS/MODIFICATIONS FOR PROTECTED CLASSES

Fair Housing Building Codes Inclusionary Zoning

BUILDING CODES

• In Pennsylvania, application of the Uniform Construction

Code (UCC)

• Dwellings, affordable and market-rate
• Other non-residential structures
• Spaces of public accommodation within a residential facility
• Universalization of access for individuals with disabilities (ADA)

STATEWIDE BUILDING CODES

Pennsylvania Legislature enacted a statewide system of building codes (Act 45 of 1999)

• Fully effective April 2004
• Established:
• Consistent suite of building codes across the entire

Commonwealth:

• New Construction
• Building Rehabilitation
• Adoption and Enforcement Procedures
• Training and Certification of Inspectors
• Exemptions, Applications and Penalties

STATEWIDE BUILDING CODES

• Utilizes the Code Development Councils of the International Code Council series
• f standards
• Suite of Codes:
• International Building Code 2012
• International Building Code 2009
• International Energy Conservation Code 2009
• International Existing Building Code 2009
• International Fire Code 2009
• International Fuel Gas Code 2009
• International Mechanical Code 2009
• International Performance Code for Buildings and Facilities 2009
• International Plumbing Code 2009
• International Residential Code 2009
• International Wildland-Urban Interface Code 2009

STATEWIDE BUILDING CODES

• Over 90% of Pennsylvania's 2,562 municipalities have elected to administer and

enforce the UCC locally

• How many in the Lehigh Valley?

ADMINSTERING CODE LOCALLY

LEHIGH ALBURTIS BOROUGH OPT-IN 06/ 30/ 2004 AMENDMENTS MATTHEW WALTER 610-391-2160 LEHIGH ALLENTOWN CITY OPT-IN 06/ 14/ 2004 AMENDMENTS WILLIAM HARVEY 610-437-7591 LEHIGH CATASAUQUA BOROUGH OPT-IN 06/ 12/ 2004 AMENDMENTS DAVID SHIELDS 610-866-9663 LEHIGH COOPERSBURG BOROUGH OPT-IN 05/ 11/ 2004 NO AMENDMENTS MATTHEW WALTER 610-391-2160 LEHIGH COPLAY BOROUGH OPT-IN 05/ 11/ 2004 AMENDMENTS RONALD HELMAN 610-262-6088 LEHIGH EMMAUS BOROUGH OPT-IN 05/ 17/ 2004 AMENDMENTS JAMES L FARNSWORTH JR 610-965-4581 LEHIGH FOUNTAIN HILL BOROUGH OPT-IN 07/ 06/ 2004 NO AMENDMENTS DAVID SHIELDS 610-867-0301 LEHIGH HANOVER TOWNSHIP OPT-IN 06/ 06/ 2004 AMENDMENTS TINO NOCCHI 610-437-0978 LEHIGH HEIDELBERG TOWNSHIP OPT-IN 06/ 15/ 2004 AMENDMENTS SHERWIN MILLER 484-239-6088 LEHIGH LOWER MACUNGIE TOWNSHIP OPT-IN 4/ 22/ 2004 AMENDMENTS BRYAN K GEIST 610-966-4343 LEHIGH LOWER MILFORD TOWNSHIP OPT-IN 06/ 22/ 2004 NO AMENDMENTS MICHAEL R SMITH 215-536-7075 LEHIGH LOWHILL TOWNSHIP OPT-IN 07/ 06/ 2004 NO AMENDMENTS MATT WALTER 610-398-0904 LEHIGH LYNN TOWNSHIP OPT-IN 06/ 09/ 2004 NO AMENDMENTS KATHY A HERMANY 610-298-2645 LEHIGH MACUNGIE BOROUGH OPT-IN 07/ 06/ 2004 AMENDMENTS MATTHEW WALTER 610-398-0904 LEHIGH NORTH WHITEHALL TOWNSHIP OPT-IN 07/ 07/ 2004 NO AMENDMENTS MATTHEW WALTER 610-398-0904 LEHIGH SALISBURY TOWNSHIP OPT-IN 04/ 10/ 2004 AMENDMENTS ALESSANDRO NICOLO 610-797-4000 LEHIGH SLATINGTON BOROUGH OPT-IN 07/ 01/ 2004 NO AMENDMENTS DUANE DELLECKER 610-767-2131 LEHIGH SOUTH WHITEHALL TOWNSHIP OPT-IN 06/ 21/ 2004 AMENDMENTS JOHN FRANTZ 610-398-0401 LEHIGH UPPER MACUNGIE TOWNSHIP OPT-IN 05/ 11/ 2004 NO AMENDMENTS TINO NOCCHI 570-401-2657 LEHIGH UPPER MILFORD TOWNSHIP OPT-IN 07/ 07/ 2004 AMENDMENTS ALAN BROKATE 610-966-3223 LEHIGH UPPER SAUCON TOWNSHIP OPT-IN 05/ 25/ 2004 NO AMENDMENTS DAVID SHIELDS 610-866-9663 LEHIGH WASHINGTON TOWNSHIP OPT-IN 06/ 13/ 2004 NO AMENDMENTS MATTHEW WALTER 610-398-0904 LEHIGH WEISENBERG TOWNSHIP OPT-IN 07/ 01/ 2004 NO AMENDMENTS MATTHEW C WALTER 610-398-0904

ADMINSTERING CODE LOCALLY

• Inspectors are REQUIRED to be

certified

• 20 certifications possible
• Certifications are required to be

maintained

• Grandfathering expired in 2009
• Communities are audited

NUMBER CERTIFICATION CATEGORY

10 Residential Building Inspector 11 Residential Electrical Inspector 12 Residential Mechanical Inspector 13 Residential Plumbing Inspector 14 Residential Energy Inspector 15 Building Inspector 18 Fire Inspector 19 Electrical Inspector 20 Mechanical Inspector 21 Plumbing Inspector 22 Energy Inspector 23 Accessibility Inspector/ Plans Examiner 24 Building Plans Examiner 25 Electrical Plans Examiner 26 Mechanical Plans Examiner 27 Plumbing Plans Examiner 28 Energy Plans Examiner 29 Building Code Official 30 Elevator Inspector 31 Passenger Ropeway Inspector

APPEALS AND FAIR HOUSING

• Local “exceptions” to Accessibility Provisions in Act 45, as amended are NOT

allowed to made

• Appeals can only be made to the Pennsylvania Accessibility Advisory Board
• 11 members appointed by the Secretary of the Pennsylvania Department of

Labor and Industry

• 3 people with physical disabilities
• 1 registered architect
• 1 business person
• 1 person from the multi-family housing industry
• 1 municipal official
• Chairman and minority chairman of the Labor and Industry Committee of

the Senate

• Chairman and minority chairman of the Labor Relations Committee of the

House of Representatives

PA ACCESSIBILITY ADVISORY BOARD

• Reviews all applications from individual projects for modifications of the

provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code

• Advises the Secretary regarding whether modification should be granted or

whether compliance by existing facilities with provisions of Chapter 11 (Accessibility) of the Uniform Construction Code and any other accessibility requirements contained in or referenced by the Uniform Construction Code is technically infeasible.

ANY OTHER EXCEPTIONS IN ACT 45?

• EXEMPTIONS:
• Manufactured Housing
• Religious Beliefs
• Electrical, lumber and wood, plumbing
• APPLICABILITY:
• Historic Buildings, Structures and Sites
• Uncertified buildings under the Department of Labor and Industry’s

jurisdiction

• Many conditions including several relating to accessibility
• VIOLATIONS
• Fine up to $1000 plus costs
• Each day is a separate violation
• Fines go to the entity with jurisdiction

HOUSING ACCESS AND ABILITY TO PAY

Fair Housing Building Codes Inclusionary Zoning

• 1. Means of countering Exclusionary

Zoning, the use of zoning ordinances to prevent certain types of people from entering a community

• 2. Burdens are imposed on people based
• n their income level, thus = Affordable

Housing

a. Minimum lot/unit size b. Building materials c. Design features d. Market forces

• 3. Promoted in PA by Section 603 & 604 of

the Municipalities Planning Code (MPC)

INCLUSIONARY ZONING

INCLUSIONARY ZONING

A variety of techniques to encourage or require developers to incorporate a certain percentage of affordable units—thus, a means for the private sector to participate in affordable housing.

Key Considerations:

• 1. Mandatory versus Voluntary
• 2. On-site versus Off-site Provisions
• 3. Targeted income for affordable housing supply (% Area Median

Income)

• 4. Percentage of Affordable Units within Total Development
• 5. Linkages to Other Land Uses

IZ INCENTIVES

• Density bonuses
• Review fee waivers
• Impact fee waivers
• Reduced infrastructure requirements
• Funding assistance
• Tax abatements
• Permission to build otherwise prohibited

housing types

• Increased maximums for non-residential

components

• Introduction of otherwise prohibited uses

• Correlating Income and Protected

Classes

• Source of Income as a Protected

Class

• HUD’s Regional Analysis of

Impediments

• SCOTUS Inclusionary Communities

and Disparate Impacts

• Reasonable Accommodations
• Service Animals
• Americans with Disabilities Act
• Maximum Occupancy versus

Occupants Per Bedroom

• Design, Aesthetic and Architectural

Consistency Regulations

• Density Bonuses

BRINGING THE THREE TOOLS TOGETHER

Fair Housing Building Codes Inclusionary Zoning

COMING SOON…