September 30, 2003
SUBJECT: Recommended Guidelines for a Resident Selection Plan and Establishing Initial Rents for the Below Market Rate Housing Program
REPORT IN BRIEF
This report provides recommended guidelines for the Resident Selection Plan and for establishing initial rents in the Below Market Rate (BMR) Housing Program. After these guidelines are adopted by the City Council, it will be incorporated into the administrative procedures for implementation of the Below Market Rate Purchase and Rental Housing Programs.
BACKGROUND

Chapter 19.66 of the Sunnyvale Municipal Code, pertaining to Affordable Housing and Single Room Occupancies, contains the framework for the City’s Below Market Rate housing program. The Chapter, as amended by ordinance on February 4, 2003, contains references to "administrative procedures that more fully outline the terms and conditions of the BMR program, consistent with this Chapter."

During 2002, the Planning Commission and Housing and Human Services Commission each held two study sessions to review possible modifications to the BMR program. The Planning Commission recommended "allow development of a point system to establish the priority assignment of BMR units, and establish categories based on professions rather than employers."

At the City Council meeting of January 28, 2003, the Council discussed revision of the priority categories for future program participants and approved listing priority categories for program participants based on a point system. Council agreed with staff’s recommendation that priority categories be defined in the code, but that the specifics of the point system would best be defined in the administrative policy guidelines for the program. Section 19.66.050 of the Ordinance adopted on February 4, 2003, states: "All persons in each of the following categories of otherwise qualified persons shall receive priority placement as more fully outlined in the administrative procedures: qualified public school employees, city employees, childcare workers, persons who live in the city of Sunnyvale, and persons who work in the City of Sunnyvale." Chapter 19.66 provided that "rental prices of below market rate units shall be established at levels affordable to households at 70% or less of area median income, as more fully outlined in the administrative procedures."

Since the creation of the BMR program in 1980, the City, or in the past its designated representative the Santa Clara County Housing Authority, has maintained a waiting list for eligible households seeking to buy BMR owner units. The list was created on a first come, first served basis with two key divisions of households who met the income eligibility criteria: priority 1 list of households who live or work in Sunnyvale, and priority 2 list of households who don’t live or work in Sunnyvale. Each property owner or manager of a rental development containing BMR units has maintained waiting lists for eligible households seeking to rent BMR rental units.

Prior to the revision of the Below Market Rate Program, initial rents on new BMR rental units were established according to a formula that used a percentage (25%) of household income at 80% of Area Median Income (AMI) as defined by the Department of Housing and Urban Development (HUD). The amount was then divided by twelve months to calculate the maximum monthly rent. During the time staff spent evaluated modifications to the program, several letters and phone calls were received from current BMR renters. They were very concerned about substantial rent increases that were approved in accordance with this formula. When market rate rents dropped, BMR rents remained at the prior levels creating, in many instances, above market rents for the below market rent units. This is a result of using area median income, to set rent levels. Santa Clara County median household income has increased dramatically, however wage earners at lower income levels limited to salaried compensation have realized very limited increases. BMR rents increased 50% from 1998 to present; incomes for lower income households have not increased proportionately. Clearly there exists a need to improve the formula for establishing below market rate rents.

EXISTING POLICY

Community Development Strategy (February 2003):

Goal 8. Housing Affordability: to actively promote the provision and protection of housing which is affordable to households of low and middle income.

Housing and Community Revitalization Sub-Element: January 1999-June 2006 (January 2002):

GOAL E: Maintain and increase housing units affordable to households of all income levels and ages.

E.1.b. Comprehensively review and update the Below Market Rate programs to better address affordable housing needs.

City of Sunnyvale Consolidated Plan, 2000-2005 (April 3, 2000)

The Consolidated Plan describes the City’s strategy to be followed in carrying out grant programs funded by the Department of Housing and Urban Development. The 2001-2005 Strategic Plan includes planned activities to expand the City’s BMR program and increase the supply of affordable housing.

DISCUSSION

Resident Selection Plan

Policies adopted by the City Council indicate priorities for certain target groups among people eligible to participate in the City’s BMR program. The administration of a Resident Selection Plan would enable the City to equitably assign priority status for those types of households. Staff proposes to periodically open and close a single Waiting List and allocate a range of preference points according to the characteristics contained in the Resident Selection Plan. The total points scored will determine an applicant's position on the list.

Although similar, there are differences in the preferences of the rental vs. the ownership program. Differing preferences are noted in bold for ease of identification.

Staff recommends the following Resident Selection Plan be adopted for the City of Sunnyvale BMR Ownership Program:

Preference due to Community Contributions:

Reside in Sunnyvale Work in Sunnyvale

(Minimum requirement is to reside or work in Sunnyvale for six months prior to application submittal).

Preference due to Employment (non-probationary status)

City of Sunnyvale employee School district employee working in schools with a majority of Sunnyvale residents Certified child care teacher working at child care center in Sunnyvale or at child care center operated by school district Sunnyvale service industry worker Sunnyvale health care worker (e.g., home health care aide, staff in convalescent homes and assisted living facilities). Other non-City Public Service employee (e.g., Santa Clara County, State, federal)

Housing Characteristics

Resident of at-risk assisted unit (within 5 years of affordability expiration) Resident of BMR rental unit Resident of housing or mobile home park lost due to redevelopment or conversion Number of years on "BMR Priority 1 Waiting List" as of 9/1/03

Preference due to Household Characteristics

Single parent households Households with Children under 12 Chronically Ill Persons including those with HIV and mental illness Disabled

Staff recommend the following Resident Selection Plan be adopted for the City of Sunnyvale BMR Rental Program:

Preference due to Community Contributions:

Reside in Sunnyvale Work in Sunnyvale

(Minimum requirement to reside or work in Sunnyvale for six months prior to application submittal.)

Preference due to Employment

City of Sunnyvale employee School district employee working in schools with a majority of Sunnyvale student residents. Certified child care teacher working at child care center in Sunnyvale or at child care center operated by school district Sunnyvale service industry worker Sunnyvale health care worker e.g. home health care aide, staff in convalescent homes and assisted living facilities Other non-City Public Service employee (e.g. Santa Clara County, State, federal)

Housing Characteristics

Resident of at-risk assisted rental unit (within 5 years of affordability expiration) Resident of BMR rental unit Resident of housing or mobile home park lost due to redevelopment or conversion

Preference due to Household Characteristics

Single parent households Number of Children under 12 Chronically Ill Persons including those with HIV and mental illness Displaced teenage parents (or expectant teenage parents) Disabled Homeless or at risk of becoming homeless Seniors (over 55 years old)

Establishing Initial Rents in BMR Rental Units

The following procedures modify prior Council actions, and are recommended by staff in order to establish initial rents for Below Market Rate rental units. Chapter 19.66 does not contain a specific formula to establish initial rental rates of BMR units. The ordinance include that the income eligibility of the tenants at a maximum of 70% AMI. Base rents for the BMR units will be established at the time of initial occupancy of newly constructed units. Base rents are calculated utilizing the following methods and the lower rent calculated is the initial base rent:

Initial Rents are calculated based on HUD Area Median Income (AMI) for San Jose Metropolitan Statistical Area as follows: HUD publishes annual Area Median Income (AMI) data for 1-8 person households, and HUD has determined that 30% of income for housing costs as affordable. As previously discussed 80% AMI for Santa Clara County establishes rents significantly above current market rents. It was determined that 65% of area median income results in a more appropriate outcome. 65% AMI is recommended since it is similar to existing HUD methodology utilized to determine low income eligibility in extremely high-income areas like Santa Clara County. Monthly rents would be equal to 30% of 65% of AMI divided by twelve based upon number of bedrooms (1 Bedroom equals two-person household income, 2 Bedroom equals three person household income). Therefore, if AMI is at $95,000 for a three person household, the maximum monthly rent for a two bedroom unit would be:

$95,000 x 0.65 = $61,750 x 0.30 = $18,525

$18,525 divided by 12 months = $1,543 per month
 

Initial Rents are calculated utilizing the City of Sunnyvale Rent and Vacancy Survey Report published in July (January through June) and January (July through December). The semi-annual report surveys approximately 100 complexes containing approximately 15,000 rental units. The report contains current market median rents per unit size (number of bedrooms). The initial rents for the BMR units to be set at 80% of the median rents as contained in the most recent Rent and Vacancy Survey Report. 80% of median rents is recommended in order to insure that BMR unit rents are established significantly below market rents. Therefore if the current report contains information that median rent for a two bedroom rental is $1,335, then the base rent would be:

$1,335 x .0.80 = $1,068

The initial rent for a two-bedroom unit is established by using the lesser of the above two calculations, or $1,068.

Staff has applied the above recommended procedure for establishing initial rent and has determined that, at this time, the 80% of median rent procedure results in the lower rent for all bedroom sizes. Therefore, initial rents for units in the BMR program, based on June 2003 survey data, are calculated as follows:

Unite Size                                    Median Rent                           BMR Rent (@80%)

Studio                                         $835                                      $668

1 Bdroom                                     $1,050                                    $840

2 Bdroom                                     $1,335                                    $1,068

3 Bdroom                                     $1,840                                    $1,472

The City Council approved a requirement to limit the annual rent increase to the lesser of 5% or the percentage increase in the average market rent as published in the semi-annual Sunnyvale Vacancy and Rent Survey. Staff recommends that this criteria be incorporated into the recommended guidelines to establish the procedure for calculating permitted annual increases for below market rate rental units.

 

FISCAL IMPACT
No fiscal impact to the General Fund will result from the recommended actions.
PUBLIC CONTACT

Staff presented the proposed recommended Guidelines for a Resident Selection Plan and methodology for establishing initial rents for the Below Market Rate Housing Program to the Housing and Human Services Commission on September 24, 2003. The Commission unanimously approved the resident selection plan for the BMR program and procedures for establishing initial rents for the BMR rental units and recommended that City Council review and approve staff's recommendations.

Draft minutes of that meeting are attached. Public contact was made through posting of the council agenda on the City’s official notice bulletin board, posting of the agenda and report on the City’s web page, and the availability of the report in the Library and the City Clerk’s office

ALTERNATIVES

1. Approve the recommended Resident Selection Plan for the BMR Program and procedures for establishing initial rents of BMR rental units.

2. Alter, modify, insert or delete any or all selection criteria in the Resident Selection Plan and the procedures for establishing initial rents of BMR rental units.

3. Council may take no action.

RECOMMENDATION
Staff recommends Alternative 1.

Prepared by:

Annabel Yurutucu

Housing Officer

 

Reviewed by:

Robert Paternoster

Director, Community Development

 

Approved by:

Robert S. LaSala

City Manager

ATTACHMENTS
A. Draft Minutes – Housing and Human Services Commission, September 24, 2003