Human Rights and Fair Housing Commission

City of Naperville 400 S. Eagle Street Naperville, IL 60540 Meeting Minutes - Final Monday, April 4, 2022 6:30 PM Council Chambers Human Rights and Fair Housing Commission Human Rights and Fair Housing Meeting Minutes - Final April 4, 2022 Commission Agenda Introductory Language TO SPEAK LIVE AT THE MEETING: To address the Commission, members of the public may sign up with staff immediately prior to the meeting. PUBLIC ACCOMMODATION: • Any individual who may require an accommodation to participate in the meeting should contact the Community Services Department at (630) 305-5300 by 4 p.m. on April 4. PARTICIPATION GUIDELINES: The citizen participation guidelines are outlined in 1-5-6-6: - CITIZEN PARTICIPATION of the Naperville Municipal Code. • ALL VIEWPOINTS AND OPINIONS WELCOME: All viewpoints are welcome, positive comments and constructive criticism are encouraged. Speakers must refrain from harassing or directing threats or personal attacks at Commission members, staff, other speakers or members of the public. Comments made to intentionally disrupt the meeting may be managed as necessary to maintain appropriate decorum and allow for city business to be accomplished. • SPEAKER TIME LIMITS: Speakers must limit their remarks to no more than three minutes. • IF YOU SIGNED UP TO SPEAK, staff will call your name at the appropriate time during the meeting. Once your name is called you may identify yourself for the public record and then address remarks to the Commission as a whole. Speak clearly and try to limit remarks directly to the matter under discussion. Speakers are called in the order they sign up. A. CALL TO ORDER: Miller called the meeting to order at 6:30 pm. B. ROLL CALL: Present 10 - Jim Bergeron, Sha'Ron Booker, Shree Gurusamy, Diana Hawken, Alex Jacobs, Patrick Kelly, Linda Kuhn, Bradford Miller, Brian Palm, and Nate Wilson Absent 1- Mark Rice Staff present: CDBG Administrator, Ruth Broder; Diversity, Equity and Inclusion Manager, Geneace Williams; Deputy Director-TED, Allison Laff Also present: City of Naperville Page 1 Printed on 11/10/2022 Human Rights and Fair Housing Meeting Minutes - Final April 4, 2022 Commission Fran Rood and Elena Caminer from SB Friedman and Kirk Bishop from Duncan Associates C. PUBLIC FORUM: D. OLD BUSINESS: 1. Approve the Human Rights and Fair Housing Commission meeting minutes of March 7, 2022 Attachments: HRFHC_DRAFT MeetingMinutes_March 7, 2022 A motion was made by Bergeron seconded by Palm to approve the Human Rights and Fair Housing Commission meeting minutes of March 7, 2022. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Jacobs, Kuhn, Miller, Palm, and Wilson Absent: 1- Rice E. NEW BUSINESS: 1. Receive and review Complaint #FH-012022 and direct staff accordingly Williams discussed the alleged facts of the complaint. A motion was made by Bergeron, seconded by Palm for staff to dismiss the complaint. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Jacobs, Kuhn, Miller, Palm, and Wilson Absent: 1- Rice 2. Provide feedback regarding the proposed voluntary affordable housing program as presented by SB Friedman and Duncan Associates Attachments: SB Friedman_Naperville Affordable Housing Program Human Rights and Fair Housing Presentation_Draft 2022-03-24 SPEAKERS Mary Beth Nagai (DuPage Housing Alliance) discussed quickly moving to meet the 10% AHPAA requirement, questioned how the 10% requirement will not be met if not all targeted incomes qualify under AHPAA, the number of units expected and length of time to meet 1,200 additional units required per AHPAA, and asked about program goals and how they will be monitored. Kathy Benson stated that additional affordable housing is needed, questioned how the plan will address current needs, and asked if voluntary programs have been successful in other communities. SB Friedman representatives responded that regional rental will meet AHPAA requirements, they have not done a projection on number of units to be created by this ordinance but believe that the program will be attractive to developers City of Naperville Page 2 Printed on 11/10/2022 Human Rights and Fair Housing Meeting Minutes - Final April 4, 2022 Commission given the streamlined approval process. They went on to say that in other voluntary communities an estimated 10-30 affordable units are produced annually, but it will take time to see meaningful results, that this program is intended to be one part of a housing solution, that regular monitoring will be required, that the City should consider feedback from developers regardless of participation to understand issues and adjust the program accordingly. The Commission asked questions related to ordinance applicability to vacant lots and/or redevelopment projects, single-family home teardown/replacement, how the 30-year deed restriction will be enacted, PZC recommendation, R1 zoning restrictions, financial feasibility tests, program monitoring, the process if a tenant’s income exceeds the maximum allowed, and appropriateness of offering a 200% density bonus for a local rental development. SB Friedman responded that vacant lots and redevelopment projects are eligible for program participation, that rezoning cannot be administratively approved by the ordinance, the deed restriction will be recorded against the property, and that the PZC will recommend all three levels for the program. Representatives went on to discuss the feasibility tests and detailed that they constructed a stabilized proforma for a market rate development typical to Naperville and reviewed baseline returns as the starting point for what a developer would have to achieve to attain financial feasibility and stated that the number of incentives offered per income range/% of targeted units is directly tied to the returns needed to hit the baseline. Regarding monitoring, SB Friedman explained that each developer would enter into an affordable housing agreement with the City, that the City has a role of annual monitoring and compliance, and that the property owner will be required to certify incomes annually. Regarding income, representatives stated that if the renter’s income exceeds the maximum allowed, the renter would not be required to leave the unit mid-year, but would be required to leave at the end of their annual lease. For ownership units, the sale price of the home must remain in the affordable range, even if the individual’s income increases. Lastly, SB Friedman explained that the 200% increase is what is currently being granted for market-rate developments through the variance process and that the automatic density increase ensures that at least some percentage of units will be below market rate for a 30-year period (vs. current developments that provide only market rate units). Feedback provided. 3. Receive the Naperville Affordable Housing Plan Attachments: Proposed Affordable Housing Plan April 2022 The Commission requested staff from the Transportation, Engineering and Development (TED) Business Group attend the next meeting to discuss. City of Naperville Page 3 Printed on 11/10/2022 Human Rights and Fair Housing Meeting Minutes - Final April 4, 2022 Commission Discussion of the Plan was continued. F. REPORTS: Broder reported that staff continues to work on the Single Family Home Repair program and that the Request for Proposal for a non-profit to manage the program will be issued prior to the end of the April with a targeted start date during the summer. G. ADJOURNMENT: A motion was made by Palm, seconded by Kuhn, to adjourn the Human Rights and Fair Housing Commission Meeting of April 4, 2022. The motion carried by the following vote: Aye: 9- Bergeron, Booker, Gurusamy, Hawken, Jacobs, Kuhn, Miller, Palm, and Wilson Absent: 1- Rice /S/ Geneace Williams Geneace Williams, JD, PhD Diversity, Equity, and Inclusion Manager City of Naperville Page 4 Printed on 11/10/2022