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Permanently Affordable
Housing
With housing in California
becoming increasingly less affordable for people who live and work
throughout the state, there is increased interest in creating housing
that is affordable not only for the initial occupants, but for future
occupants, as well.
There are many ways to
create housing that is permanently affordable. Rental housing that
is owned and operated by housing authorities and nonprofit corporations
are good examples of permanently affordable affordable housing.
The rents for these units remain affordable because the purpose and
mission of the owners are to provide affordable housing.
There are also a number of
models for creating of
permanently affordable ownership housing. These models include
(click on the label to jump to the section on each of these models):
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Permanent Affordability vs
Subsidy Recapture
One of the ongoing debates
concerning affordable ownership housing in California and the nation is
whether newly created affordable units should be “permanently
affordable” or whether the subsidy should be recaptured and made
available to subsidize new units. Subsidy recapture can include deferred
interest or shared appreciation to increase the amount that is available
to subsidize future units.
A Flash presentation that
advocates for subsidy retention (permanent affordability) can be viewed
online at:
www.rjacobus.com/cpan/SubsidyRetention1.5.html
Information on various
models of permanently affordable housing is available below: |
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Deed Restricted
Ownership Housing
Under construction - please check back later.
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Community Land Trusts
The Community Land Trust or
CLT model is designed to make housing more affordable by dividing the
ownership of the home from ownership of the land. CLTs are
nonprofit corporations that are dedicated to creating and preserving
affordable housing. Individual home owners receive a deed for
their homes and lease the land beneath their homes from the CLT.
Learn more about CLTs at the
following websites.
General CLT
Information
Online CLT Articles
Individual CLT
Websites
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Burlington
Community Land Trust, Burlington, VT
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Sawmill Community Land Trust, Albuquerque,
NM
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Durham Community Land Trust,
Durham, NC
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OPAL
Community Land Trust, Orcas Island, WA
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Housing Land Trust Of
Sonoma County, Petaluma, CA
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Northern
California Land Trust, Berkeley, CA
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San Francisco Community Land Trust,
San Francisco, CA
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Community Land Trust
Association of West Marin (CLAM), Pt. Reyes,
CA
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Madison Area CLT, Madison, WI
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Rondo
Community Land Trust, Saint Paul, MN
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Limited Equity Housing Cooperatives
The Limited Equity Housing
Cooperative or LEHC model is a form of group home ownership that provides many
of the benefits of individual home ownership. In an LEHC, the members own stock
or shares in the corporation that owns the housing. As co-op
members, they have the right to occupy their individual unit. Like other
home owners, co-op members qualify for the home owners exemption on
their property taxes. They can also deduct their share of the co-op's mortgage
interest and property taxes on their state and federal income tax returns.
The
simple answer is that an LEHC is a housing cooperative that places
limits on the resale value of its memberships or shares.
Under
California law, co-ops are a form of real estate subdivision. They are
generally subject to the same local planning requirements (Subdivision
Map Act) and DRE disclosure requirements (Subdivided Lands Law) as
condominiums. Rather than sell individual units, co-ops sell
memberships or shares in the cooperative corporation, which owns and
operates the property. Each co-op membership includes the right to
occupy a specific unit. The deed to the whole project remains with the
co-op – members do not receive deeds for their individual units.
LEHCs
are a special form of co-op that is defined under California law. The
law limits the increase in resale value of membership in the co-op to
10% of their original sales price each year.
LEHCs typically sell memberships for
5% to 10% of the market value of the individual units. So for a unit
that has a market value of $300,000, the memberships would sell for
$15,000 to $20,000. The co-op would borrow the balance using one or
more blanket loans that are secured by the whole project.
The monthly
home owners’ dues in a cooperative generally include the mortgage
payments and property taxes as well as everything else that condo HOA
dues include – Individual co-op members can deduct their share of the
mortgage interest and property taxes on their tax returns. They
also qualify for the home owners' property tax exemption.
Under
state law, the annual appreciation for memberships can be no more than
10% of the original share value per year. This would be $1,500 per
year for a $15,000 membership or $3,000 per year for a $40,000 membership.
Some co-ops set lower increases in their bylaws.
An LEHC
that receives specified government financing and meets certain other
standards can be exempt from DRE’s white
report requirement.
Visit the following websites
to learn more about LEHCs.
Material from David Thompson's
Co-op Housing Seminar
General LEHC
Information
Individual LEHC
Websites
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Mutual Housing Associations
The Mutual Housing
Association or MHA model provides residents a high level of control over
their housing without generally having an ownership interest. MHAs
are nonprofit corporations that typically develop or purchase
multifamily housing for their resident members. In California, MHA
members are not considered home owners and therefore do not qualify for
home owner tax deductions. However, MHA projects can qualify for
Low Income Housing Tax Credits and California's Welfare Property Tax
Exemption, which more than off-set the lack of tax deductions for low
income members.
Visit the following websites
to learn more about MHAs.
General MHA
Information
Individual MHA
Websites
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