Charles Winkleman

Burlington Politics from the Left

Burlington Affordable Housing and Tenant Laws FAQ

Apr
25

Burlington tenant laws are already strong so why would we need more?

The truth is that Burlington tenant laws may be stronger than many cities, but fall far short of helping marginalized residents (see: Fair Housing Report, VT Legal Aid Report), especially when little money is allocated towards enforcement. There are numerous ways to evict tenants, including not renewing their lease, jacking the rent up at the end of a lease, or upgrading all the units and charging a lot more thereby displacing low income residents like Bissonette. On top of this, while it is illegal to discriminate due to housing, it’s nearly impossible to prove, and because Burlington is an ‘at will’ renting community, landlords can evict you for any little reason as long as it’s not obviously discriminatory. The truth is that the current policies and laws are not helping in their intended way.

Can’t we build our way out of this problem? Isn’t it an issue of supply and demand?

Which problem? The problem of housing costing too much? Building more market housing will only lower costs on the high end of the market, since most new market-rate housing is too expensive for most renters. If you’re a renter in Burlington, odds are your rent is so unaffordable that even with the top of the market dropping, it won’t affect your own rent. Higher wages would be one way to mitigate this, but rent protections and limits would be best to keep landlords from gouging. On top of this, as long as we have two huge colleges with over 5,000 renters and they charge $1800 a month for 2 students to share a bedroom, even supply and demand won’t effect the market in a typical way.

Doesn’t inclusionary zoning help our housing crunch?

Not really. Inclusionary zoning (IZ), the idea that a certain percentage (15%-20% in Burlington) of new housing should be affordable so that a few lucky families can economically integrate, is a nicer version of trickle-down housing, particularly since our city and state are not putting serious money behind new affordable housing construction. Also, inclusionary zoning rental prices are based on area median income, which is likely 50% higher than Burlington’s renter median income – so even if you are making a ‘livable wage’, you likely cannot afford even inclusionary zoning rental prices.

Doesn’t inclusionary zoning hurt our housing situation?

For-profit developers, particularly Erik Hoekstra of Redstone, would like you to believe that IZ slows overall development in the city, because inclusionary zoning does hurt their bottom line. The truth is that numerous studies have shown that inclusionary zoning marginally affects single family home prices (by 1%), while there are minimal drawbacks to inclusionary zoning. Bigger issues for developers include the inflationary increase in land value and cost, and zoning in the city, which bans dense development throughout the south end, the new north end, and parts of the hill section. Finding a way to limit this land inflation would help developers, renters, and folks who would like to buy in Burlington but cannot afford to.

If we build more new housing, low income people can move into the older housing, right?

In theory, if the older housing is affordable, then yes. In practice, since so many people in the Burlington area make below livable wages, there will always be competition for older housing between low income residents and recent college graduates. Also, if we take that logic elsewhere, it ends up being very problematic. If we build new schools or hospitals, if we grow better food, etc, then low income people can take the cheaper and lower-quality versions, right? Everyone deserves good housing, and just because you work in a job that underpays doesn’t mean you should have to fight over wealthier folks’ crumbs.

Won’t new market-rate buildings in neighborhoods help relieve housing pressure in those neighborhoods?

As usual, in theory, yes, it should help. In practice, when new housing goes into a new neighborhood without rent limits or protections, the rental prices of surrounding properties creep upwards. Not to mention that as new, pricier housing is built, prices everywhere creep up, while new, fancier restaurants and corner stores open, pricing out the low-income families that are able to stick it out. No one wants to live in a community where all the businesses are geared towards a different class than them.

I’m a YIMBY, Yes In My Back Yard, unlike you, who is a NIMBY, No In My Back Yard.

Let me ask you a question – would you be okay with a 5 story building, with 100 new people, moving in right next door, and all the construction and noise that will come with it? Are you willing to go to your elected officials and city hall and demand zoning changes that allow for dense, market rate housing to be built everywhere in the city, even in your literal backyard? If so, great, you are one of the few YIMBYs! I hope you will also fight for greater public investment in low-income housing.

We have already built low income housing, so why do we need more?

It’s true that Burlington has more affordable housing than any other community. Yet there is such a strong need for housing for those who make so little money, and the current plan to ensure 20% of the next 3,500 units of housing to be affordable falls far short of what is needed. Imagine a pyramid of need, and then flip the pyramid and make that second pyramid one of development. We need to align new development with those who need it.

Can’t we just follow the city’s housing needs assessment?

The 2015 housing needs assessment doesn’t parse out housing data, and therefore makes it an incredibly difficult document to use as a road map. While it talks in broad strokes about housing in the community, we have no idea what % of low income residents pay more than 50% of their income to rent, from this document we do not know who needs housing the most (severely low income residents). We all believe we need more housing. But if we don’t know who needs what type of housing, which income groups and household types we should be targeting, then most of the new 1 and 2 bedroom housing will not meet the needs of the community. It’s like being asked to build a bike, deciding to build a mountain bike, then finding out that your client wanted a road bike with attachments for multiple children. And you never asked.

We have a low income Housing Trust Fund which the mayor and council doubled – that’s a really good start, right?

After 6 years in office, this administration and council have committed $160,000 more a year to affordable housing, for a total of $310,000. That will buy 1-2 units of housing a year, total. When one considers how many resources are devoted to solving parking downtown, or the mall redevelopment, it’s hard to feel like elected officials are interested in investing public funds for low income housing.

Don’t we already have housing vouchers? Isn’t that enough public support?

With federal dollars, we do have housing vouchers through BHA. Unfortunately these vouchers, which give residents ‘choice’, have failed in their original mission. Not only is the wait for a voucher around 10 years long, but often these vouchers don’t come close to covering 70% of market rate rent. On top of this, while proponents claim that vouchers give families more living flexibility, the truth is that so few apartments are affordable that their options are severely limited. Vouchers are an unsustainable way to give federal money to a handful of landlords, often slumlords, who at any time can (and do!) upgrade their units and kick out their low-income tenants who can no longer afford higher rents. A better use of funds would be to support permanent, affordable housing.

Updated: Why Are Developers and Housing Insiders Deciding Our Inclusionary Zoning Policy?

Mar
01

Correction: Councilor Knodell has let me know she is not a housing consultant and did not vote on Cambrian Rise. I stand corrected and apologize for the error.

The Inclusionary Zoning Working Group* is the sort of group that makes you want to bang your head against a wall. Approved unanimously by city council, it’s the perfect example of how our local politicians and government currently operate separately from constituents. The group consists entirely of housing developers and insiders, who meet 8 meetings during the morning when everyone is working, in class, or dropping their kids off at school. This group is a great example of a very noninclusive process decided entirely by political insiders – another example of our city using local experts for free advice instead of hiring outside experts who don’t have conflicts of interest.

Should we be worried about the the gaping conflicts of interests among participants, some of which I describe below? Should we be worried that we as a city are gladly letting insiders shape policy that will directly benefit them the most?

Who is on the committee? Local housing experts, as the council required. A City Council Member, who will chair the IZWG, 1 Representative from the Planning Commission, 2 For-Profit Developers, 2 Not-for-Profit Developers, 2 Affordable Housing Advocates, 1 CEDO Director or designee, and 1 Planning & Zoning Director or designee.

  • City Councilor Jane Knodell, a housing developer consultant with Monte and Davis (also in the group), who voted to segregate low income residents on the Burlington College development,
  • Erik Hoekstra, Redstone developer (and small personal landlord), who wants to gut inclusionary zoning,
  • Eric Farrell, Farrell Real Estate, building mega-development Cambrian Rise,
  • Michael Monte, CHT Director, housing developer consultant with Councilor Knodell and John Davis, who worked a deal with Farrell over the Burlington College Land, a deal that included entirely segregating low income residents into their own ‘ghetto’ building, supported the mall redevelopment even when it included a poor door entrance, and has advocating continuing this practice¬†across the city,
  • Nancy Owens, Housing Vermont Director,
  • Bruce Baker, Real Estate Lawyer, Planning Commissioner, who hopefully doesn’t nor has ever worked for Farrell, Redstone, CHT, or Housing Vermont,
  • Brian Pine, former affordable housing director of CEDO who worked under Michael Monte, longtime friend of several people at the table, small landlord, and supporter of the mall redevelopment even when plans included a poor door entrance,
  • John Davis, Housing developer consultant with Councilor Knodell and Monte,
  • City Representation, David White, Planning Director and Noelle MacKay, CEDO Director

Other attendees for the other 7 meetings include Erhard Mahnke, director of the Affordable Housing Coalition (and longtime friend of most folks in the room), and a visit by city councilor Karen Paul. Those are the only people so far, not working for the city, who have had any input on the inclusionary zoning working group.

This group is 100% political insiders – folks who worked together on the Burlington College project, folks who have worked together in affordable housing since the days of Bernie, folks who regularly work on public/private development together. All of them are developers or landlords or directly work with them. All of them are MUCH wealthier than the typical Burlington resident, particularly those who benefit from inclusionary zoning.

Who is not included in this discussion?

  • Renters
  • Anyone from Legal Aid
  • Any case workers from BHA or Howard Center
  • People who live in inclusionary zoning units
  • Anyone living in poverty
  • Anyone who has lived in unsafe or unaffordable housing in the past two decades
  • Anyone who has faced growing housing discrimination or segregation

This is a working group created by industry experts. We wouldn’t want a smoking law to be decided by tobacco sellers and cigarette makers. We wouldn’t want our climate action plan to be decided by oil companies. So why as a city are we allowing this to happen? Why would our city council vote for this?

Thursday, March 8th, at 8am is their final meeting, and I will be there to share my displeasure with the process and what the group has decided on thus far – I hope you can join me.

*(For those who may not know, inclusionary zoning was created so that neighborhoods and buildings would remain economically integrated – the purpose is not to significantly build more affordable housing, an issue of great contention among the developer-class in Burlington.)