HomeMy WebLinkAboutAgenda - Affordable Housing Committee - 04/27/2021South Burlington Affordable Housing Committee
Tuesday April 27, 2021 at 10:30 AM
AGENDA
IMPORTANT:
This will be a fully electronic meeting, consistent with recently-passed legislation. Presenters and
members of the public are invited to participate either by interactive online meeting or by telephone.
There will be no physical site at which to attend the meeting.
Please join my meeting from your computer, tablet or smartphone.
https://www.gotomeet.me/SouthBurlingtonVT/affordable-housing-committee04-27-2021
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Access Code: 146-464-661
1.Call to order, agenda review, public comment, approval of minutes, announcements (15m)
2.Communications Update (15m)
3.Review of and possible action regarding draft memo (prepared by Communications workgroup) to Planning Commission (PC) providing committee input regarding PC’s draftmemo to the City Council (45m)
4.Discussion and possible action regarding Environmental Protection Standards (30m)
5.Discussion regarding “Gray to Green Communities: Addressing Affordable Housing andSustainability” email from Councilor Emery (15m)
6.Adjourn
DRAFT AHC Memo to PC Chair, Jessica Louisos: April 27, 2021 Page 1
South Burlington Affordable Housing Committee
Members: Chris Trombly, Chair; Sandy Dooley, Vice Chair; Leslie Black-Plumeau;
Vince Bolduc; Patrick O’Brien; and John Simson
To: Jessica Louisos, Chair, South Burlington Planning Commission (PC) From: Chris Trombly, Chair, South Burlington Affordable Housing Committee
Date: April 27, 2021
Subject: Comments re “DRAFT Questions for Council [Follow-up to Joint PC/Council Meeting]”
First, we commend and appreciate your ongoing work to complete the major projects envisioned for
the City’s Interim Zoning period. Second, we provide context for our positions with respect to
proposals to confine future residential development to infill and redevelopment and prohibit future
residential development in the Southeast Quadrant (SEQ). Third, we describe the bases for our positions. Fourth, we share our comments and recommendations.
Context: Some residents propose limiting new residential development to infill and redevelopment in
previously developed areas of the City, thereby prohibiting new residential development in areas
considered suitable for residential development and served by existing infrastructure in the SEQ. The committee unanimously supports using infill and redevelopment as methods for new residential development in the City. However, the committee unanimously opposes prohibiting new residential development in the various areas considered suitable in the SEQ. We believe that adopting any land
use regulations prohibiting new SEQ residential development contradicts goals in the South
Burlington Comprehensive Plan; violates Vermont law; and disregards how zoning regulations have restricted BIPOC and lower-income households’ choices regarding where they live.
Bases: As an underlying principle, the committee asks that the PC’s options reflect the stated goals
of the Comprehensive Plan and Vermont’s “Unfair housing practices” statute (copy attached).
The Comprehensive Plan’s first goal stated under the Plan’s Vision & Goals: Here and into the
future, South Burlington is... Affordable & Community Strong. Creating a robust sense of place
and opportunity for our residents and visitors. ♦ Be affordable, with housing for people of all incomes,
lifestyles, and stages of life. (p. 1-1). Moreover, in the Plan’s Housing chapter, on page 2-10, the first
key issue and need identified is: “Preserving and promoting the development of additional housing
that is affordable to households of all income levels throughout the City.” (Emphasis added.) Further, the Comprehensive Plan includes numerical targets for new affordable housing by 2025, which we are not on track to achieve.
The Comprehensive Plan also includes a paragraph on “Affordable Housing in the SEQ.” (pp. 3-32-
33)The challenge of the high cost of SEQ land is cited as well as the fact that affordable ownerhomes are part of the Dorset Farms and South Village Master Plans. Two statements address thechallenge of SEQ affordability: “The SEQ Concept Plan has evaluated how increased ‘buildable’
densities might increase the opportunity for affordable housing as well.” (p. 3-33) “With the
completion of the SEQ planning process, there has been strong interest in building neighborhoods at
higher densities in order to conserve more of the SEQ’s priority open space lands.”
DRAFT AHC Memo to PC Chair, Jessica Louisos: April 27, 2021 Page 2
In addition, the Vermont statute relating to “unfair housing practices” disallows land use regulations
(LDRs) that would discriminate because of (among other factors) income, or receipt of public assistance (full text attached):
“(12) To discriminate in land use decisions or in the permitting of housing because of race, sex,
sexual orientation, gender identity, age, marital status, religious creed, color, national origin, disability,
the presence of one or more minor children, income, or because of the receipt of public assistance (emphasis added), or because a person is a victim of abuse, sexual assault, or stalking, except as otherwise provided by law.”
With regard to land use regulation as a vehicle for discrimination against BIPOC and lower-income households, a wide body of research documents this tragic component of our nation’s history.
Notable are the book, The Color of Law, and a recent New York Times op-ed, “The ‘New Redlining’
Is Deciding Who Lives in Your Neighborhood”, https://www.nytimes.com/2021/04/19/opinion/biden-zoning-
social-justice.html. Overly restrictive land use regulations will likely perpetuate inequities among City residents. As of the latest data available, 2.5% of South Burlington’s population was Black or African-
American, compared to 4.7% in Burlington and 8.1% in Winooski. Furthermore, the median
household income in the SEQ is higher than any other Vermont Census tract.
Comments/Recommendations: Selection of the Conservation PUD as the only vehicle for future SEQ development is among the options in the DRAFT “Questions for Council…” document. We recommend/request removal of this option as it (1) conflicts with the Comprehensive Plan and fair
housing statutes, (2) would greatly limit new residential development, and (3) provides no assurance
that homes developed would be affordable to households with low and moderate incomes.
With regard to the option of allowing both the TND and Conservation PUD as vehicles for development in the SEQ, we support this option only if Conservation PUD use is limited to suitable parcels. Conservation PUDs should be limited to parcels in which no less than 63% of the parcel
(excluding only land zoned NRP) comprises hazards or level I resources. Also, a minimum density
requirement should apply to the 30% available for development. New PUD LDRs must balance the proposed Environmental Protection Standards, which remove 974 additional acres from potential development, rendering 50% of land in the City conserved or preserved. Also, because natural resources change, “preservation” of land in a Conservation PUD should be reviewed every 25 years,
allowing the City Council to modify its status based on LDR-defined changes in the ecology of the
“preserved land.” Consequences of the option entitled “Related Consideration: Conservation” would likely be grave. The City would be supporting removal of land from availability for residential development necessary
to promote the goals of the Comprehensive Plan and a more inclusive community.
In short, SEQ land use regulation that unnecessarily decreases opportunities for housing development undermines Comprehensive Plan goals and Fair Housing statutes. Instead, we should embrace this occasion to increase LDR compatibility with important and complementary Comprehensive Plan goals, combat SEQ exclusivity, and strengthen diversity, equity and opportunity
in our City. Please “carpe diem.”
Thank you for your attention. Please attach this memo to your communication to the City Council on this subject.
The Vermont Statutes Online
Title 9 : Commerce And Trade
Chapter 139 : Discrimination; Public Accommodations; Rental And Sale Of Real Estate
(Cite as: 9 V.S.A. § 4503)
§ 4503. Unfair housing practices
(a) It shall be unlawful for any person:
(1) To refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise
make unavailable or deny, a dwelling or other real estate to any person because of the
race, sex, sexual orientation, gender identity, age, marital status, religious creed, color,
national origin, or disability of a person, or because a person intends to occupy a dwelling
with one or more minor children, or because a person is a recipient of public assistance, or
because a person is a victim of abuse, sexual assault, or stalking.
(2) To discriminate against, or to harass any person in the terms, conditions,
privileges, and protections of the sale or rental of a dwelling or other real estate, or in the
provision of services or facilities in connection therewith, because of the race, sex, sexual
orientation, gender identity, age, marital status, religious creed, color, national origin, or
disability of a person, or because a person intends to occupy a dwelling with one or more
minor children, or because a person is a recipient of public assistance, or because a person
is a victim of abuse, sexual assault, or stalking.
(3) To make, print, or publish, or cause to be made, printed, or published any notice,
statement, or advertisement, with respect to the sale or rental of a dwelling or other real
estate that indicates any preference, limitation, or discrimination based on race, sex, sexual
orientation, gender identity, age, marital status, religious creed, color, national origin, or
disability of a person, or because a person intends to occupy a dwelling with one or more
minor children, or because a person is a recipient of public assistance, or because a person
is a victim of abuse, sexual assault, or stalking.
(4) To represent to any person because of the race, sex, sexual orientation, gender
identity, age, marital status, religious creed, color, national origin, or disability of a person,
or because a person intends to occupy a dwelling with one or more minor children, or
because a person is a recipient of public assistance, or because a person is a victim of
abuse, sexual assault, or stalking, that any dwelling or other real estate is not available for
inspection, sale, or rental when the dwelling or real estate is in fact so available.
(5) To disclose to another person information regarding or relating to the status of a
tenant or occupant as a victim of abuse, sexual assault, or stalking for the purpose or intent
of:
(A) harassing or intimidating the tenant or occupant;
VERMONT GENERAL ASSEMBLY
(B) retaliating against a tenant or occupant for exercising his or her rights;
(C) influencing or coercing a tenant or occupant to vacate the dwelling; or
(D) recovering possession of the dwelling.
(6) To discriminate against any person in the making or purchasing of loans or
providing other financial assistance for real-estate-related transactions or in the selling,
brokering, or appraising of residential real property, because of the race, sex, sexual
orientation, gender identity, age, marital status, religious creed, color, national origin, or
disability of a person, or because a person intends to occupy a dwelling with one or more
minor children, or because a person is a recipient of public assistance, or because a person
is a victim of abuse, sexual assault, or stalking.
(7) To engage in blockbusting practices, for profit, which may include inducing or
attempting to induce a person to sell or rent a dwelling by representations regarding the
entry into the neighborhood of a person or persons of a particular race, sex, sexual
orientation, gender identity, age, marital status, religious creed, color, national origin, or
disability of a person, or because a person intends to occupy a dwelling with one or more
minor children, or because a person is a recipient of public assistance, or because a person
is a victim of abuse, sexual assault, or stalking.
(8) To deny any person access to or membership or participation in any multiple
listing service, real estate brokers' organization, or other service, organization, or facility
relating to the business of selling or renting dwellings, or to discriminate against any person
in the terms or conditions of such access, membership, or participation, on account of race,
sex, sexual orientation, gender identity, age, marital status, religious creed, color, national
origin, or disability of a person, or because a person is a recipient of public assistance, or
because a person is a victim of abuse, sexual assault, or stalking.
(9) To discriminate in the sale or rental of a dwelling because a person relies upon
aids such as attendants, specially trained animals, wheelchairs, or similar appliances or
devices but the owner shall not be required to modify or alter the building in any way in
order to comply with this chapter. An owner shall permit, at the expense of the person with
a disability, reasonable modifications of existing premises occupied or to be occupied by
the person with a disability if the modifications are necessary to afford the person full
enjoyment of the premises. The owner may, if reasonable, require the person to agree to
restore the premises to the condition that existed before the modification, reasonable wear
and tear excepted, but the owner may not require an additional security deposit for this
purpose.
(10) To refuse to make reasonable accommodations in rules, policies, practices, or
services when such accommodations may be necessary to afford a person with a disability
equal opportunity to use and enjoy a dwelling unit, including public and common areas.
(11) To fail to comply with provisions or rules pertaining to covered multifamily
dwellings, as defined in 20 V.S.A. § 2900(4) and pursuant to 20 V.S.A. chapter 174.
(12) To discriminate in land use decisions or in the permitting of housing because of
race, sex, sexual orientation, gender identity, age, marital status, religious creed, color,
national origin, disability, the presence of one or more minor children, income, or because
of the receipt of public assistance, or because a person is a victim of abuse, sexual assault,
or stalking, except as otherwise provided by law.
(b) The provisions of subsection (a) of this section with respect to discrimination in sales
and rentals of dwellings on the basis of age or on the basis of a person's intention to
occupy with one or more minor children shall not apply to the sale or rental of a dwelling in
a housing complex:
(1) intended for, and solely occupied by, persons 62 years of age or older;
(2) intended and operated for occupancy by at least one person 55 years of age or
older per unit. This subsection shall only apply if the following conditions are met:
(A) the housing complex has significant facilities and services specifically designed
to meet the physical or social needs of older persons, or if it is not practicable to provide
those facilities and services, that the housing complex is necessary to provide important
housing opportunities for older persons;
(B) at least 80 percent of the units are occupied by at least one person 55 years of
age or older per unit, except that a newly constructed housing complex in which first
occupancy will begin after enactment of this chapter need not comply with this subsection
until 25 percent of the units are occupied; and
(C) there are written and enforced policies and procedures that demonstrate an
intent by the owner or manager to provide housing for persons 55 years of age or older; or
(3) established under any federal or State program specifically designed and operated
to assist elders, as defined in the federal or State program.
(c) The housing exemption in subsection (b) of this section shall not fail to apply due to
persons residing in such dwellings as of July 1, 1989, who do not meet the age
requirements of subsection (b) of this section, provided that new occupants of such
dwellings meet the age requirements of that subsection, and that unoccupied units as of
July 1, 1989 are reserved for occupancy by persons who meet the age requirements of that
subsection. (Added 1987, No. 74, § 1; amended 1987, No. 253 (Adj. Sess.), § 2; 1989, No. 89,
§ 2; 1991, No. 135 (Adj. Sess.), § 12; 2007, No. 41, § 15; 2011, No. 137 (Adj. Sess.), § 6, eff. May
14, 2012; 2013, No. 31, § 11; 2013, No. 96 (Adj. Sess.), § 32; 2019, No. 48, § 4.)