Housing Task Force

Housing Task Force Meeting #16 Thursday, August 8, 2024 7pm Village of Port Chester Conference Room Attendees: Margaret Adamson, Arley Arno, Chester Edwards, Monica Fonseca, Kathy Pandekakes, Catrina Shivers, Andrew Weiss, Ursula Winchell, Aldo Vitagliano. Absent: Lisa Cordasco, Jane Lippman, Luis Yumbla Guest Speakers: Greg Cutler: Village of Port Chester Planning Director. Curt Lavalla: Village of Port Chester Assistant Director of Planning Meeting began at 7:00 p.m. Motion passed to accept minutes from July 11, 2024 meeting, made by Aldo Vitagliano and seconded by Andrew Weiss. Summary: The group discussed various issues related to affordable housing, including the administration of inclusionary zoning units, the challenges of managing affordable housing units, and the potential for displacement due to new developments. They also explored the idea of preferences for seniors, veterans, and municipal workers, and the need for a consultant to guide them through their tasks. Lastly, they deliberated on the allocation of funds for the zoning committee and the need for volunteers to help secretarial assistance. Affordable Units Administration and Enforcement Curt Lavalla and Greg Cutler discussed the administration of affordable units in the Village. The County of Westchester will manage the affordable units through their contracted non-profit Westchester Residential Opportunities (WRO). The WRO requires a fee from the developer to carry out the Affirmative Marketing Plan and the lottery for the affordable units. It is on the developer to submit future compliance and re-certification records to Westchester County Planning for now. The discussion also touched on the enforcement of this through the zoning code, with general violations of the code, subject to fines and imprisonment. Code enforcement and the Building Department would be the arm of enforcement for those violations. The need for developers to have in-house compliance personnel was highlighted, and the balance between enforcement and the primary goal of providing affordable housing was discussed. Managing Affordable Housing and Income Challenges One member discussed managing affordable housing units, highlighting challenges like ensuring tenants maintain affordability when their income increases. Developers can adjust contracts or unit eligibility criteria based on income changes. Tenants may finish leases if ineligible due to higher income but would need to reapply after, which is more difficult for private projects. The zoning code provides that you can finish out your lease term if your income level exceeds the affordable limit and you can sign for one additional one year lease. The zoning code allows for up to a 2 year lease agreement. Rent limits are set based on the County’s 60% AMI. The rent determination process for affordable units was also discussed, which is based on 30% of gross income. Addressing Displacement and Affordable Housing Senior Preferences, Redevelopment, and Displacement One member expressed concern about the displacement of people from their apartments due to low income, credit scores, or rental history, and sought guidance on directing these individuals to suitable housing. Another member agreed to discuss offline on that issue. One member discussed the audit process for the IDA, which does not include the affordable housing portion. The IDA incentive package gives a bigger incentive if someone provides additional affordable housing above the standard 10% in the Form-Based Code. The discussion also focused on the concept of preferences for seniors, veterans, and municipal workers, and the potential for such preferences to have a discriminatory effect. It is unclear whether the Village is able to do local preferences, unless it can show that the preferences do not have a discriminatory effect against a particular ethnicity or race. If the population that you’re marketing to mirrors that of the region, then you can say that it wouldn’t have a discriminatory impact. Seniors and veterans are considered acceptable exceptions for preferences. Mr. Cutler and Mr. Lavalla clarified that the first building of the inclusionary zoning units, Tarry Lighthouse, is set to open in spring, with the county of Westchester managing the administration of the affordable housing. They also discussed ongoing redevelopment projects, including the redevelopment of 140 Westchester Avenue (23 affordable units) and 27-45 North Main Street (21 affordable units), and the issue of displacement due to these redevelopments. The speaker expressed concerns about the current code's inability to effectively address these issues. Tenants' Displacement, Affordable Housing, and HUD Policies The zoning code lacks any language addressing displacement of residential and commercial rentals. There’s no affordable unit guarantee if the tenant is evicted before redevelopment. The EIS (Environmental Impact Statement) and SEQRA states that the Village insists that the developer work with the residential and commercial renters to help them relocate. There is nothing in the zoning code to force developers to assist displaced tenants other than what is in the EIS and SEQRA findings, but enforcement for that is otherwise lacking. One member shared her experience with the North Main project, highlighting the importance of collaboration with developers to protect tenants and retail owners. The conversation also touched on the need for affordable housing in the community, with a focus on long-term solutions and the potential for changes to laws and ratios. The complexities of HUD's policies regarding local preferences and affirmative marketing plans in majority-minority communities were discussed, with a call for a cooperative approach between the Village and HUD to address these issues. The possibility of converting existing non-affordable rental properties into affordable housing was explored. There is Section 8 Project based Section 8 but it is unclear whom in the Village would do that. There are also non-profits that buy properties and convert them to affordable housing with the help of Westchester County. Consultant Selection and Allocation Concerns The group deliberated on the need for a consultant to guide them through their tasks, with Rose Noonan and Tiffany Zezusa being considered for the role. The decision to hire a consultant would be taken up by the Board of Trustees, and funding would be a significant issue. We planned to provide Trustee Joan Grangenois-Thomas with a list of specific topics for a consultant to assist with. The possibility of obtaining a consultant from the Pace Department of Works and Planning program was also discussed. The team decided to internally round table the topics before presenting them to the board. Secretary Monica Fonseca is requesting other Task Force members to take over secretarial duties for one of our two monthly meetings. Next steps All committee members to send Chairman Edwards topics and short explanations for consulting help needed. Kathy Pandekakes will find out how to effectively use AI companion for meeting notes and share with committee. Greg Cutler and Curt Lavalla to provide more details on upcoming affordable housing projects and timelines at next meeting. Committee to prepare focused questions for upcoming meeting with Rose Noonan and Tiffany Zezuza. Committee to discuss and finalize consulting proposal at next meeting before submitting to Joan. Meeting closed at 8:05pm. Next Meeting is Thursday, September 12, 2024 7pm at the Village Hall Conference Room 222 Grace Church St., Port Chester NY.