Report to/Rapport au:
Health, Recreation and Social Services
Committee
Comité de la santé, des loisirs et des services sociaux
and Council /et au Conseil
28 January 2002/le 28 janvier 2002
People Services Department/Services aux citoyens
Contact/Personne-ressource : Joyce Potter, Director of Housing/Directrice
du Logement
748-4357, ext. 4162, joyce.potter@city.ottawa.on.ca
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Ref N°:
ACS2002-PEO-HOU-0001 |
SUBJECT: Affordable
Housing Strategy
objet: Stratégie du logement à prix abordable
REPORT RECOMMENDATIONS
That
Health, Recreation and Social Services Committee recommend that Council:
1.
Approve the recommendations of the Affordable Housing
Strategy, attached as Appendix A to this report and summarized in Section 6 of
the Strategy.
2.
Approve the implementation plan for the Mayor’s Task
Force recommendations on Affordable Housing, attached as Annex 1 to the
Affordable Housing Strategy.
3. Approve the draft Municipal Housing
Facilities By-Law attached as Annex 2 to the Affordable Housing Strategy.
4.
Approve the definition of “Affordable Housing” for the
purpose of the Municipal Housing Facilities By-Law.
5.
Approve a pilot project, as outlined in this report, to
assess the viability of the Municipal Housing Facilities By-Law, through a
competitive Request for Proposals process that allocates municipal resources
for affordable housing, and that individual By-Laws authorizing Facility
Agreements under the pilot program return to Council for approval.
Que le Comité de la santé, des loisirs
et des services sociaux recommande au Conseil municipal d’approuver :
1.
les
recommandations de la Stratégie du logement à prix abordable ci-jointe comme
Annexe A du présent rapport et résumée dans la section 6 de la Stratégie;
2.
le
plan de mise en œuvre des recommandations du groupe de travail du maire sur le
logement à prix abordable ci-joint comme Annexe 1 de la Stratégie du logement à
prix abordable;
3.
l’ébauche
du Règlement municipal sur les possibilités de logement municipales ci-jointe
comme Annexe 2 de la Stratégie du logement à prix abordable;
4. la
définition de « logement à prix abordable » aux fins du Règlement
municipal sur les possibilités de logement municipales;
5. un
projet pilote, tel qu’il est mentionné dans le présent rapport, en vue
d’évaluer la viabilité du Règlement municipal sur les possibilités de logement
municipales par l’intermédiaire d’une demande d’offres à commandes qui alloue
les ressources municipales pour le logement à prix abordable, et que chaque
règlement municipal autorisant les accords d’installation en vertu du projet
pilote soit renvoyé devant le Conseil municipal pour approbation.
The need for affordable housing in Ottawa has become an increasingly important issue over the last ten years as the local rental market has continued to tighten up in response to sustained demand and diminishing supply. During this period, senior levels of government withdrew from funding the development of new social housing, further exacerbating the problem. Growing waiting lists for social housing and increased shelter usage are key indicators that show this trend is not subsiding, especially for those of low or moderate income. While there is a clear need to address these historical issues and the problems they have created, there is an even more compelling reason to take action now; as the community continues to grow, the need for permanent affordable housing will grow with it.
At the same time, the role that municipalities must play in addressing housing need is changing. As a result of the Social Housing Reform Act, 2000, municipalities have been transferred responsibility for affordable housing. This includes responsibility for administering the existing stock of social housing, and also permits local Service Managers to “establish, fund and administer programs for the provision of residential accommodation” in their service areas.
The Province has also enacted a new regulation under the Municipal Act that authorizes local Councils to create affordable housing projects through a “Municipal Capital Facilities” provision.
While this responsibility for new affordable housing has been delegated from the Province to the municipality, no funding has been provided for this purpose. The federal government, however, has recently announced the provision of $680 million nationally for a new Affordable Rental Program. This program requires that federal contributions be matched, either by provinces or by third parties including municipalities and charitable or non-profit groups.
To further explore the dynamics and barriers to increasing the affordable rental housing supply in our community, the Mayor’s Task Force on Public/Private Partnerships for Affordable Housing was formed in 2001. The Task Force has recently released its final report, identifying key barriers and proposing options for eliminating them. One of the key findings was that the new federal program, when combined with actions at the municipal level, can produce more affordable housing in Ottawa.
Given this changing municipal context, the new authorities available and the pressing need to address affordability, there is clear need to take action in Ottawa now. To provide an integrated approach to addressing affordable housing issues in the community, staff have produced an Affordable Housing Strategy. This document outlines a strategy for coordinating Ottawa’s response to the growing crisis in affordable housing and recommends short, medium and long-term actions to address that need.
The strategy addresses three key and distinct but interrelated housing issues confronting the City:
To address these core issues, the Affordable Housing Strategy:
The purpose of this report is to propose to Council the Affordable Housing Strategy, an implementation plan for the Mayor’s Task Force, and some immediate actions that can be taken to create more affordable housing within the framework of a new federal initiative.
DISCUSSION
1. Affordable Housing Strategy
An Affordable Housing Strategy for the City of Ottawa is attached as Appendix A to this report with recommendations summarized in Section 6. The Strategy documents the extent of housing need in the City. It illustrates what the requirements are, both to meet the existing need for affordable housing and to deal with anticipated growth in housing needs.
The Affordable Housing Strategy demonstrates how the City has taken steps to address the growing problems of homelessness and the increasing need for affordable housing to date. It proposes a series of actions, some immediate and some longer-term, that will begin to create more affordable housing in Ottawa.
City Council has repeatedly expressed the view that the municipality alone cannot address the affordable housing crisis in the City. The need to re-engage federal and provincial governments in providing more affordable housing is a cornerstone of the Affordable Housing Strategy proposed by staff. At the same time, the Strategy recognizes that at the current time, the City has been given responsibility for Social Housing and there is an expectation that the City provide a leadership role in responding to the need in this community. As well, recent actions by the federal and provincial governments are providing tools to the City to deal with the affordable housing crisis. The Affordable Housing Strategy proposes mechanism for taking advantage of these tools in order to create more housing now and over the next four years.
2. Implementation of the Mayor’s Task Force on Affordable Housing
Recently, the Mayor’s Task Force on Affordable Housing finalized a report entitled “Creating a Legacy: An Action Plan for Affordable Housing” for the City of Ottawa. The Task Force report contains 26 recommendations, some directed to the City and some directed to the Province and the Federal Government through the City. The Task Force’s recommendations are designed to remove tax and regulatory barriers to rental development, to reduce development costs, to encourage adaptive use of the existing stock, to address persisting affordability problems and to implement the action plan.
A summary of the Task Force Recommendations and proposed actions by the City is shown in Annex 1 of the Affordable Housing Strategy.
3. Municipal Housing Facilities By-Law
Recent changes in a Municipal Act regulation allow Affordable Housing to be designated as a municipal capital facility. This category of municipal capital facility is called "municipal housing project facilities". A by-law and corresponding agreement must be entered into for each facility. The significance of this regulation is that benefits can be conveyed to private individuals or companies in exchange for commitments to provide affordable housing without violating the bonusing provisions of the Municipal Act.
In the past, incentives have been provided by the City to the non-profit and charitable sector for the purpose of creating affordable housing. Similar benefits can now be extended to the private sector, and new incentives can be offered to non-profit, charitable and private sector proponents.
The City may enter into an agreement respecting municipal housing project facilities only if:
A draft Municipal Housing Facilities By-law is included as Annex 2 to the Affordable Housing Strategy.
4. Affordable Housing Definition
In order to adopt a Municipal Capital Facilities By-Law, it is required that Council adopt a definition of affordable housing. The Affordable Housing Strategy provides a review and rationale for how affordability should be defined, within the context of the bylaw. As a result, this report recommends that the City of Ottawa use average market rents in the City of Ottawa as established by Canada Mortgage and Housing Corporation (CMHC) as the maximum affordable rent for housing funded through the Capital Facilities By-Law provision. These rents are adjusted on an annual basis and are currently at the following levels:
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Unit Type |
Average Market Rent |
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Bachelor |
$622 |
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1-Bedroom |
$762 |
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2-Bedroom |
$916 |
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3-Bedroom |
$1,059 |
These rents would represent the maximum rent levels for units to be built through the Municipal Capital Facilities By-Law provision. In order to ensure households with low incomes are served (i.e. those on the social housing waiting list) the By-Law also provides that at least 60% of the units in each project will be targeted to rent at lower levels. These lower rent levels would be in the order of 70% of the Average Market Rents shown above. Where Rent Supplements are available, the rent levels would equate with the Shelter Allowance for Social Assistance recipients, or 30% of income for working poor and elderly households. These levels are consistent with existing social housing policies.
5. Pilot Project for Action Ottawa
The Affordable Housing Strategy recommends introduction of a new municipal housing program entitled Action Ottawa: Affordable Housing Initiatives. This program would bring together a variety of tools from the various levels of government, to be accessed through a single window in order to create more affordable housing.
It is anticipated that the federal and provincial governments will finalize an agreement for the new Affordable Rental Program some time in the next few months, which will be a key element in the new Action Ottawa Program. However, Council has already allocated an amount of $1 million from the 2000 Social Housing Surplus to be spent on affordable housing. This allows for a modest pilot project of Action Ottawa: Affordable Housing Initiatives to be initiated right away in advance of the federal program. At the same time, any expenditures under this pilot project would count as part of the municipality’s contribution to the cost-shared federal program.
Introducing a pilot project would permit Council and staff to assess the proposed Capital Facilities By-Law and determine its potential effectiveness in prompting the private sector and non-profit sector to come forward with proposals for affordable housing.
It is proposed that a Request for Proposals be initiated to invite the private sector and the non-profit sector to submit bids for the following package of incentives:
It is anticipated that approximately 40 units could result from the proposed package of incentives. Consistent with the requirements of the Municipal Housing Facilities By-Law, a report to Council with the precise incentives to be awarded would be submitted for each project that is recommended to proceed.
As the Affordable Rental Program is finalized by the federal and provincial governments and the pilot project results are assessed, there will be an opportunity to fully implement the Action Ottawa: Affordable Housing Initiatives program. Staff will report back to Council on the final federal program, the status of the pilot project and the proposed roll out for the Action Ottawa initiative at that time.
CONSULTATION
The Mayor’s Task Force report was developed in consultation with members of the community who participated in three Action Groups. Members of the Development Action Group have been consulted on this Affordable Housing Strategy.
The Social Housing Supply Group, a representative body of non-profit housing developers involved in producing affordable housing, also reviewed recommendations of the Affordable Housing Strategy. Discussions were held with various departments of the City regarding recommendations that have implications broader than the mandate of the Housing Branch.
Implementation of the pilot project for Action Ottawa will involve the following costs:
Detailed costs will be provided to Council as the proposed Action Ottawa pilot project is brought forward for formal Council approval.
ATTACHMENTS
Appendix A - Affordable Housing Strategy.
DISPOSITION
Upon approval, this report and associated recommendations will be provided to City departments for implementation, as per recommendations of the Affordable Housing Strategy.
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For
the City Of Ottawa
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People Services Department
Housing Branch
Policy and Programs Division
February 2002
TABLE OF CONTENTS
2.0 The Need to
Take Action
Housing Affordability
Housing Supply
Rental Housing Demand
3.0 Addressing
Affordable Housing Issues
Housing Affordability
Increasing the Supply of Affordable Housing
Maintaining and Protecting Existing Housing Stock
4.0 Action Ottawa: Affordable Housing
Initiatives
Historical Perspective
New Federal Affordable Rental Program
Housing as a Municipal Capital Facility
Defining Affordable Housing
Action Ottawa: Affordable Housing Initiatives
Municipal Funding and The Municipal Tool Kit
5.0 Action Ottawa
Targets
6.0 Summary of
Recommendations: Affordable Housing Strategy
Annex 1 –
Mayor’s Task Force on
Public/Private Partnerships for Affordable Housing:
Summary of Recommendations and
Proposed Municipal Actions
Annex 2 –
Draft Municipal Housing
Facilities By-law
Within Ottawa, there is a clear and
demonstrated need for more affordable housing.
In the community this need is not news, although the magnitude of need
today is certainly alarming. What is
equally clear is that resources previously available to address affordable
housing needs have diminished and that more innovative approaches to meeting
today’s challenges are required.
Significant work has been undertaken over the past year to better understand local housing need and its root causes. These causes can be classified into three separate but interrelated housing issues confronting the City:
Within this backdrop, the role of
the municipality has now taken on a new prominence, both in response to
legislation and in terms of taking leadership.
In addition, shifting responsibilities, both at the local and senior
levels of government, have changed how issues are addressed. To set a framework for addressing challenges
within this new context, the City has developed an Affordable Housing Strategy.
The Mayor’s Task Force on Private/Public
Partnerships for Affordable Housing has recently issued its report, “Creating
a Legacy: An Action Plan for Affordable Housing” for the City of
Ottawa. The Housing Branch also
commissioned a detailed assessment of housing need, captured in “Assessing
Housing Need in Ottawa”, which was penned by Focus Consulting and Fuller
Information. Together these documents
articulate in detail, the underlying causes and potential remedies for
addressing housing needs facing the City.
With regard for these
two documents, the Affordable Housing Strategy is intended to build on the
findings and recommendations they provide, establishing a broad framework to
address affordable housing issues in the immediate and longer term. As such, this document:
·
Characterizes
the need and priority for affordable housing;
· Identifies recommendations for addressing these needs;
· Lays out the fundamental tools for addressing recommendations;
·
Identifies further work to be undertaken.
A fundamental element of this strategy is the introduction of a new coordinated municipal capital development program Action Ottawa: Affordable Housing Initiatives. This program is designed to:
·
Maximize available resources to address housing need in
a focused and effective manner;
·
Link
municipal policies and programs, opportunities for community action and the
strengths and resources of the private and non-profit sectors;
·
Take
advantage of new initiatives from the provincial and federal governments;
·
Reinforce
the City of Ottawa’s efforts to more fully engage these governments in
addressing the growing affordable housing crisis.
The strategy builds on successful initiatives of the new City and former municipalities in their response to the withdrawal of the provincial and federal governments from housing programs. The City and former municipalities have historically:
· Provided limited capital grants and start up loans to leverage private funding and development by community-based housing providers (through federal and municipal Homelessness funding);
· Established an innovative housing loan fund;
· Waived development fees in certain areas and provided exemptions from municipal charges for new non-profit affordable rental (and some private sector) projects;
· Provided municipal land at no cost for new affordable rental housing;
· Linked unallocated rent supplement agreements to new rental housing to enhance project viability and rental affordability.
Finally, the strategy responds to the changing landscape of housing responsibility, municipal amalgamation and the new leadership role being defined for municipalities. This change began with the cancellation of federal and provincial housing programs in the early and mid 1990s and was formalized through recent changes in provincial policy. These changes include:
Apart from context, the timing of the Affordable Housing Strategy is equally important. There is a fundamental need to move forward with solutions that address housing need but this action cannot happen in isolation, especially given the other activities which impact the Strategy. These related activities include:
Setting a course of action now will help ensure that housing
needs in the community can be better addressed in a coordinated and consistent
manner. To fully address affordable housing
requirements, the City needs an integrated and sustained approach, pulling
together a variety of measures to leverage resources and effect results. New tools to use within the new regulatory
framework must be developed and combined with existing strategies to address
issues both today and for tomorrow. New
partnerships, with both the private and non-profit sectors are essential
requirements.
Having adequate, affordable and secure housing is fundamental to the well-being of individuals, families and the community. Housing is a prerequisite for full participation in our civic culture and our economy. The availability of housing affects the success of business and is a key factor in determining demands on social and health services in our City. Emerging research also shows a strong connection between affordable housing and the success of children in school and in later life.
The withdrawal of Federal and Provincial support for social housing in the early and mid 1990s has served to highlight this connection between affordable housing and community well-being. As the housing market tightened in the post-program period, so did the use of emergency hostels and food banks.
A background report prepared for the Housing Branch, “Assessing Housing Need in Ottawa” provides a detailed analysis of the need for affordable housing in the City of Ottawa. It describes the nature of housing problems and also estimates future requirements for rental housing based on population growth projections. The findings of this research provide a compelling argument for concerted action involving all levels of government and the community, particularly for affordable rental housing.
Likewise, the report of the Mayor’s Task Force, “Creating a Legacy: An Action Plan for Affordable Housing”, documents issues related to housing need in the community. It goes on to discuss, in detail, impediments to meeting this need from the perspective of housing supply. These findings have served to inform the strategy outlined in this document and can be summarized under the following themes.
Canada Mortgage and Housing Corporation’s standardized measure of housing need (the Core Housing Need measure) indicates that there are 51,000 households in Ottawa facing significant housing problems. Core Housing Need is based on an analysis of housing suitability, housing adequacy and housing affordability. Households who are unable to meet one or more of the standards and whose income is such that they cannot obtain housing that meets these standards are considered to be in Core Housing Need.
For the 51,000 households in Ottawa in Core Housing Need, the overwhelming issue is one of affordability:
· Only 7% of core need households experience problems with adequacy and suitability;
· Overall, 77% of all households in core need are renters;
· Only 7% of all owners (11,970) are in core need, whereas 35% of all renters (39,515) are in core need;
As a result, almost four in every ten renters are defined as being in need – and almost all due to an affordability problem.
Core Housing Need analysis is based on Census data and the most recent figures utilized are from the 1996 Census. Since then:
In the face of these significant increases in rents, modest income gains and losses in income support, it is reasonable to expect that affordability problems have only worsened since 1996 and the 51,000 figure may significantly understate the dimension of the problem. A steady increase in emergency shelter usage and a sustained social housing waiting list of 14,000 households during this same period are clear indicators that affordability issues are more prevalent than in 1996.
Between 1996 and 2000, vacancy rates plummeted in Ottawa from 4.9% to 0.2%, giving the City the distinction of having the lowest vacancy rates in Canada in 2000. In 2001 the rental market eased slightly with overall rates increasing to 0.8% -- still an indication of an extraordinarily tight rental housing market. A primary part of the explanation for these low rental vacancy rates is the lack of new rental housing that has been produced in the City.
In the early 1990s, rental housing production averaged roughly 1,000 units annually, largely due to social housing programs of the day. However, since 1995 when social housing development programs were terminated by the Province, this average has dropped to less than 200 units per year, few which have been affordable.
Within this constrained market, even greater pressure is put on existing affordable housing stock as demand increases. Ironically, between 1991 and 2000, there was a net loss in rental stock of 5.6% (3,800 units) due to conversion, redevelopment and demolitions.
While there is recognition that all buildings have useful lifecycles, a shrinking rental supply in a low production market only serves to intensify the affordable housing crisis.
Rental Housing Demand
The amount of new rental housing required in Ottawa has been projected using modeling of migration and household formation patterns. These projections indicate that the new City required about 1,200 new rental housing units per year between 1996 and 2001. This number stands in sharp contrast to actual rental housing production during this period, which averaged less than 200 units per year.
Current projections indicate that Ottawa’s rental housing requirements will jump sharply upward to an average of 4,500 units per year for the period between 2001 and 2006. This threefold increase in annual requirements over the previous five-year period can be accounted for by the growth in household formation within the baby boom echo generation and pent up demand.
Within the overall rental housing requirement, a certain proportion of the new units will need to be affordable to households unable to pay market rent. This is based on an assumption that as the overall requirement for housing grows in Ottawa, so too will the number of households unable to afford market housing charges. Analysis completed for the City indicates that out of the overall rental housing demand, the new City will require 1,000 below-market rental housing units per year between 2001 and 2006.
Meeting these expected rental demands is clearly a challenge, given the production trends of the last 10-15 years. It is also acknowledged that the municipality cannot nor should it meet these demands on its own. Rather a public sector approach which enables the private marketplace to meet market needs and intervenes in more direct ways to meet the requirements of renters in core housing need is warranted. Solutions to affordability issues need to reflect this balance.
Municipalities have always maintained some role in housing, whether directly or indirectly. These roles range from advocacy and education through to policy, regulatory or direct intervention through funding or administration. With the shifting legislative environment and diminishing senior government role in housing, municipalities are being forced to consider more direct means of dealing with housing issues, in addition to the roles they may have previously performed.
It is within this backdrop that resolving affordable housing issues must be discussed, considering both traditional and new approaches, and utilizing or even establishing municipal tools not previously used. Through the Mayor’s Task Force, 26 recommendations were tabled, establishing a strong framework for working with private and non-profit sector partners. These recommendations provide a blend of new and not-so-new approaches to affordable housing.
A central part of the Task Force mandate was to identify barriers to providing more affordable housing and how these barriers could be overcome. The Task Force report recognized the need for a healthy housing market and that rental housing was one of the key elements of that market. However, it was also recognized that rental housing in Ottawa, and especially affordable housing, is simply not being produced by the private sector.
The core reasons cited for this were:
As a result, recommendations were made that are intended to stimulate the private and non-profit rental market, through partnerships. These recommendations address:
The Affordable Housing Strategy incorporates recommendations from the Task Force and augments them with additional suggestions to provide an integrated municipal approach. Given the overwhelming magnitude of need in the community, the primary focus of the current Strategy is on the supply of affordable rental housing. While addressing broader housing issues in the community is important, these issues are of a longer-term nature and as such, are not afforded the same priority.
In the Strategy, issues and recommendations have been grouped in three substantive areas, to respond to identified housing needs:
Underlying factors and the municipal role in addressing these factors is discussed in each respective area. A detailed summary of all recommendations is provided in Section 6. In addition, Task Force recommendations and proposed actions for implementation are provided in Annex 1.
The housing affordability issue is most fundamental at the household level. Where income cannot meet cost requirements for basic, appropriate housing, some form of intervention is required. Constructing new housing is not a necessary response, if a means to meet the gap between existing rents and what households can afford to pay can be met through alternative mechanisms. Either the cost of housing must be lowered (as in social housing where rent is geared to income) or the income increased through some form of supplement.
To address this issue, the Task Force identified the general need to improve tenants’ capacity to pay rent.
To address this issue, two recommendations were proposed:
· Request that the Province review existing shelter maximums in Ontario Works (OW) and Ontario Disability Support Payments (ODSP) and index this component of OW/ODSP to actual market rents, as determined in the annual Canada Mortgage and Housing Corporation (CMHC) rental survey.
· Ask the Province to increase the duration and number of rent supplement units available to facilitate integration of lower income households in new rental development or implement a shelter allowance program to assist the working poor in meeting high rent burdens.
A significant proportion of households in core housing need are currently living in housing that is suitable and adequate, but they cannot afford their rent. As a result, mechanisms such as increasing social assistance shelter maximums, rent supplements or shelter allowances, are sound ways to address these needs. However, since Ontario Works and ODSP costs are cost-shared on an 80/20 basis, the City would need to address the financial impact of such a change to the social assistance rate. At the same time, since the Province has indicated that it would include an expanded Rent Supplement or Shelter Allowance program as part of its housing strategy, the City should strongly encourage the Province to fund and act on this recommendation. Income redistribution programs, such as Rent Supplements or Shelter Allowances, most properly belong at senior government levels with access to progressive income tax revenues.
Municipalities have other options to address affordability. While these are less direct and less immediate in impact, they may result in opportunities to respond to affordability problems through municipal actions. These options include:
These options are translated into specific recommendations which promote affordability in housing and are included in Section 6.
An extremely low rate of rental housing production is not just an Ottawa problem – it’s an issue that affects communities right across Canada. This problem represents the impact of decision-making by investors who have determined that rental housing is simply not an attractive investment, given the risks and limited returns. Reducing costs or eliminating factors that have cost implications are meaningful ways to induce greater participation and increase the supply of new affordable housing.
Given the importance of addressing new supply, recommendations of the Mayor’s Task Force were most extensive in this area. The recommendations revolved around core strategies to:
Given that senior levels of government are responsible for much of the tax and regulatory barriers, a notable aspect of the municipal role in this area is to effect changes through advocacy.
The Task Force also made recommendations related to a number of municipal roles in increasing supply, such as:
Clearly there are other issues that can impact on rental housing production at the municipal level over time. To address these issues, this document recommends the City:
A number of these options have specific advocacy requirements for senior government. Others arise through amalgamation and the need to harmonize policies and procedures. Fundamental to these is a municipal capital development program which is outlined in detail in the next section. This single element is the cornerstone of the Affordable Housing Strategy since it provides an opportunity to leverage new federal funding. Options for increasing supply are translated into specific recommendations which are included in Section 6.
Maintaining and Protecting
Existing Housing Stock
A third component of the Strategy is to maintain affordable housing stock. While it is not as significant a priority as new supply, there is a key need to retain what stock exists today, especially given the tight rental market. In periods where production is slow, loss of stock through redevelopment or conversion can actually eliminate the net impact of new stock. There is also a benefit in terms of affordability since older buildings may have in-situ tenants who are still protected under the Tenant Protection Act and therefore have very affordable rents.
Given the overwhelming need for new supply, this component of the Strategy was not addressed in significant detail by the Task Force. Three recommendations were proposed to encourage the adaptive use of the existing stock:
Additional municipal roles can also be taken to address existing stock issues and these roles are consistent with policies and approaches taken by former local municipalities in the area. Building on this experience, the Strategy includes recommendations to:
Options for maintaining and protecting supply are translated into specific recommendations which are included in Section 6.
This initiative is the cornerstone of the proposed affordable housing strategy. The key objective is to target limited municipal resources to the most pressing housing-related problem – the need for a new supply of permanent, affordable housing for the lowest income people in our City, including those experiencing homelessness.
As addressed in the Mayor’s Task Force report, this initiative should:
· Provide for a coordinated, transparent approach;
· Use enabling legislation to proceed;
· Ensure equal opportunity for private and non-profit participation;
· Define affordable rents and targets, and monitor activity;
· Provide dedicated staff advice, direction and assistance to facilitate delivery.
By bundling resources and authority together under this municipal initiative, it is possible to make a significant and concerted impact on the supply of affordable housing in Ottawa.
Historical
Perspective
Since the withdrawal of provincial and federal funding for social housing in the early and mid 1990s there has been little or no affordable rental construction in Ottawa. This tailing off of development highlights the critical role of government in meeting the housing needs of the lowest income members of society. Simply put, without public intervention through programs and funding, housing for those most in need will not be built. Homelessness will continue to grow and the attendant social problems will increasingly plague communities like Ottawa.
The small number of targeted, affordable housing projects built since the mid 1990’s have been the product of unique partnerships forged between community-based groups and municipal governments. An example is the Nepean Longfields project now under construction that will provide 76 homes for low and moderate-income families. The Nepean project uses municipal land provided at no cost, a small City grant and an equity contribution from the Nepean Non-Profit Housing Corporation. Affordability in the project is further enhanced by a City of Ottawa decision to redirect existing Rent Supplements under its management to the project. While projects like Longfields will only be able to meet the needs of a small number of the families waiting for affordable housing, they serve as important examples of what can be achieved with limited public resources used in partnership with community groups.
In this report it is recommended that the Longfields model serve as a basis for a coordinated municipal housing development program, Action Ottawa: Affordable Housing Initiatives. This program will package the range of development tools being provided by the City and make these tools available through a program of regularly scheduled Requests for Proposals (RFPs). Through the RFP, community development partners (potentially both non-profit and private housing organizations) will be provided a ‘one-window’ point of access to municipal tools with additional funding and support being provided by senior levels of government, as available.
New Federal Affordable Rental Program
In November, 2001, the federal government announced its commitment to a new Affordable Rental Housing Program. The Program is to be designed in conjunction with individual provinces, and the federal government is in the midst of finalizing provincial and territorial agreements. The Province of Ontario has not yet signed an agreement.
Key elements of the federal program are as follows:
The Mayor’s Task Force Report includes an analysis of the new federal program and demonstrates that two municipal initiatives - reductions in property tax for new rental housing and waiving of development charges and municipal fees - would be sufficient to match the federal $25,000 per unit capital grant. When linked with a proposed provincial PST rebate of $2,000 per unit, capital costs could be further reduced. The combination of a $25,000 capital grant, reduced property taxes and waived development charges and fees, with a PST rebate of $2,000, would result in housing units being built at average market rent levels. However, this would not permit any of the units to be made available to lower-income families and individuals who cannot afford average market rents. In order to meet the needs of these households, additional incentives are needed.
These could take the form of:
Figure 1
The combination of one or more of these
incentives with the federal program and reduced taxes and municipal fees, would
result in at least 60% of the housing produced being made affordable to
households on the waiting list (see Figure 1).
With
the municipal contribution doubling that of the federal government, it would be
reasonable to stipulate that any housing produced be kept affordable for a minimum
of 20 years, or double the 10-year requirement of the federal program.
Housing as a Municipal Capital Facility
The City’s ability to work more closely with private sector partners has been enhanced by recent changes in regulation under the Municipal Act. Specifically, housing has now been identified as a “Municipal Capital Facility”, meaning that benefits can be conveyed to private individuals or companies in exchange for commitments to provide affordable housing without violating bonusing provisions in the Municipal Act.
In order to take advantage of these changes in regulation, municipalities are required to establish a “Municipal Housing Facilities By-Law”, that sets out the terms and conditions of any agreement between the City and a private sector partner and include the following:
· A definition of affordable housing for the purposes of the by-law;
Once the facilities by-law has been enacted by a local council, the municipality has the authority to enter into agreements with private sector interests to provide affordable housing, provided the agreements conform to the provisions of the by-law. However, legislation also requires that prior to executing an agreement, the municipality must enact an enabling by-law authorizing the municipality to enter into such agreement. In this manner, any agreement to convey benefits in exchange for affordable housing shall be clearly enunciated and subject to Council scrutiny. Once executed, there would be an on-going requirement for the municipality to monitor and administer the conditions of the agreement.
Defining Affordable Housing
In order to adopt a Municipal Housing Facilities By-Law, it is required that Council adopt a definition of affordable housing within the by-law. There are a number of considerations to be taken into account in adopting such a definition:
This report recommends that the City of Ottawa use average market rents in the City of Ottawa as established by Canada Mortgage and Housing Corporation (CMHC) as the maximum affordable rent for housing funded through the Municipal Housing Facilities By-Law. These rents are adjusted on an annual basis and are currently at the following levels:
|
Unit Type |
Average Market Rent |
|
Bachelor |
$622 |
|
1-Bedroom |
$762 |
|
2-Bedroom |
$916 |
|
3-Bedroom |
$1,059 |
These rents represent the maximum rent levels for units to be built under the Municipal Housing Facilities By-law. In order to ensure that lower income households are served (especially those on the social housing waiting list), at least 60% of the units should be targeted to below average market rent. Rent levels for these units would be in the order of 70% of the Average Market Rents, or if Rent Supplements are available, would be at the level of the shelter allowance for Social Assistance recipients or 30% of income for working poor and elderly households.
These levels are consistent with existing social housing policies and ensure that units developed under the facilities by-law address affordability in a meaningful way.
Action Ottawa: Affordable Housing Initiatives
To utilize new Housing Capital Facility authorities under the Municipal Act, capitalize on federal grant funding, and merge these resources with existing municipal tools and resources, it is proposed that the City establish a housing capital development program called Action Ottawa: Affordable Housing Initiatives. The program would be:
· Focused on providing new affordable rental units;
· Targeted to low and moderate income households;
· Eligible to private and non-profit housing providers;
· Geared to reduction of capital costs as a means of ensuring sustained affordability;
· Bundled to leverage community resources with available government resources;
· Designed for delivery through a competitive bid process.
Funding through Action Ottawa will be targeted to development of housing specifically for low and moderate-income households. This will be achieved by establishing average market rent levels affordable to moderate income households for any housing to be funded, and by requiring that at least 60% of units be made available to low income households (i.e. those on the waiting list for social housing). Furthermore, affordable rent levels will need to be guaranteed for a period of at least 20 years.
Establishing this type of targeting plan helps meet several important program objectives:
· It ensures that limited public expenditures are directed to those in greatest need and those with fewest housing options;
·
It allows the full participation of private sector
housing providers who can only receive municipal funding through a Municipal
Housing Facilities By-Law where they meet the municipal definition of
affordable housing;
· It helps maximize the development impact of public expenditures. While at least 60% of any housing being developed will be available to low income households (i.e. on the social housing waiting list), another portion of the housing will be available to moderate income households in the community. Having this type of mix reduces the average per unit subsidy requirement and consequently, allows more housing to be built with the limited public funds available;
· It will help foster the creation of balanced communities. One of the main criticisms of old style public housing is that it tended to ghettoize the lowest income members of the community. By having a portion of the housing in every development targeted to moderate-income renters, a more balanced type of community will be developed;
· It will help to reduce government expenditures by decreasing use of emergency shelter facilities.
Municipal
Funding and The Municipal Tool Kit
The success of Action Ottawa will depend on the City’s ability to use a variety of tools to impact on the economics of development and leverage federal funding. Several of the tools being proposed for the program have already become part of the municipal inventory of development incentives approved by City Council. These include the following:
· Capital funding, such as the decision of Council to authorize the use of $1 million from the Social Housing Reserve Fund for new permanent affordable housing (Item 3, Health, Recreation and Social Services - Report 11 to the Council of the City of Ottawa, 26 September 2001);
In order to capitalize on the federal program and take advantage of new
municipal authorities, additional tools are required. Recommendations to establish these tools are identified in
Section 6. These recommendations flow
from both broad recommendations of the Mayor’s Task Force and recommendations
of City staff.
The following municipal incentives for affordable housing development are proposed as components of Action Ottawa: Affordable Housing Initiatives:
Under the Action Ottawa initiative, municipal, federal and provincial resources will be made available to non-profit and private sector groups to reduce costs associated with development. In exchange, proponents will be required to provide affordable housing units to low and moderate income households. While a heavy emphasis will be placed on one-time capital funding (land, grants, loans, etc.), some on-going funding such as access to rent supplements may also be offered.
Resources will be made available through a competitive Request for Proposals (RFP) process. RFPs will be issued on a regular basis over the course of the year and be administered by Housing Branch staff. The competitive tendering process will create a level playing field for potential community partners including private, non-profit and co-operative housing groups. The competitive process will also ensure the City and other public funding partners receive maximum value for public expenditures.
The basic administrative elements of Action Ottawa are as follows:
Municipal Housing Facilities By-law – The by-law establishes the authority of the City to enter into Housing Facilities agreements. Per statute, the by-law sets out a definition of affordability (for the purposes of the by-law), the basis under which the City will make incentives available, the obligations of partners, and the provisions required for agreements. A draft by-law is attached as Annex 2 to this strategy and is recommended for approval.
Program Guidelines – These guidelines will outline the Action Ottawa program requirements, overall delivery strategy and program administration details. Once Federal grant program guidelines are formalized later this year, it will be possible to put local program guidelines in place. These will be brought forward for Council approval.
Request for Proposal Documents – RFPs will be used to outline the bidding process for potential applicants and identify incentive packages available. Under the competitive bid approach taken by the program, it is expected that RFPs will be issued in rounds at regular intervals. These documents will outline the specific incentives being offered for that proposal call, what program objectives are being emphasized and how proposals are to be evaluated. These documents will be developed on a base format and tailored to meet the requirements of the specific proposal call.
Housing Facilities Agreement – Proponents successfully chosen through the RFP process will enter into discussions with the City, based on the substance of the proposal submitted. These discussions will lead to a draft Agreement which meets the requirements of the facilities by-law. These agreements will be developed on a base format and tailored to meet the requirements of the specific proposal.
Enabling By-law – To authorize municipal approval to enter into the Agreement, Council will need to adopt an enabling by-law on a facility-by-facility basis. A base by-law will be developed and tailored to the specific needs of the Agreement, for approval by Council.
Once formal federal program requirements are clear, establishing the majority of these administrative elements would be a priority. The facilities by-law is one exception and could proceed immediately in that it secures municipal authority and is not encumbered by federal program requirements. In the interim, as housing need in our community continues to rise, using this by-law in a test scenario would be beneficial in getting units delivered while evaluating how best to address program design and the structure of facility agreements.
As noted earlier, there is a total projected demand for 1000 units of affordable rental housing per year for the 2001 to 2006 time period. Financial analysis undertaken for the Mayor’s Task Force demonstrates that for every 100 units to be provided, $2.5 million in capital contributions and an equal amount in foregone revenues (property tax reductions and waived municipal fees and development charges) is needed to produce units at average market rent levels. Further capital grants of $1 million or no-cost municipal land or Rent Supplements are needed to produce units affordable to lower-income households.
Final targets for the Federal Affordable Rental Program have not been provided to the City. However, it is the understanding of staff that an allocation of $24 million over 4 years is anticipated. This level of funding would be sufficient to produce 240 market rent units a year for the next four years, if matched by municipal foregone revenues (property tax reductions and waived municipal fees and development charges). Further capital contributions of $2.4 million, no-cost municipal land or Rent Supplement units are needed each year to produce these same units at rents affordable to lower-income households.
Thus, Action Ottawa, at anticipated levels of federal funding, creates the capacity to meet one quarter of the required annual target for affordable housing. If the Province provided a similar grant vehicle in conjunction with municipal incentives, it would be possible to meet another quarter of the annual target. It is expected that the remaining need for 500 units could be achieved through implementation of the following actions:
As requirements for the new Affordable Rental Program are not yet firm, there is a need to continue seeking program specifications which:
Recommendations of the Affordable Housing Strategy are proposed in three timeframes: Short-Term (within the next three months), Medium-Term (within the next year) and Long-Term (in future years). Recommendations incorporate an implementation strategy for the work of the Mayor’s Task Force.
In the Short Term, it is recommended that:
In the Medium Term, it is recommended that:
· Extending eligibility for the new rental multi-residential tax class from 8 years to 35 years;
· Establishing parity between the multi-residential tax class and the residential tax class, in the context of the Task Force on Property Assessment and Property Tax Issues;
· To report on the findings of this assessment to the Corporate Services and Economic Development Committee.
· “Housing First” policy for surplus municipal land;
· Alternative development standards for multi-residential development including provisions for reduced parking standards in areas serviced by public transit;
· Policies to support the creation of affordable rental units through conversion of non-residential space, adaptive re-use and intensification;
· Restrictions on rental conversions where the vacancy rate is under 3%;
· Policies to protect affordable and special needs housing;
· Policies that require affordable housing in large-scale developments.
· Permit secondary suites, as of right, in single and semi-detached houses throughout the City;
· Reduce or eliminate parking requirements for affordable housing developments at or near transit stations and at other practical locations;
· Establishing zoning by-law provisions which encourage the development of affordable housing.
· Complete a comprehensive municipal housing statement update to fully document the local housing market and establish policy approaches to respond to different types of housing need;
· Create an information service within the City of Ottawa to coordinate and provide information on funding for affordable housing and to work with other levels of government and mortgage lenders to consolidate funding and financing sources;
· Establish targets for rental housing and monitor affordable housing stock activity, including construction, conversion and demolition.
In the Long Term, it is recommended that:
Mayor’s Task Force on
Public/Private Partnerships for Affordable Housing
Summary of Recommendations and Proposed Municipal Actions
DRAFT MUNICIPAL HOUSING FACILITIES BY-LAW
BY-LAW NO. 2002 –
A by-law of the City of Ottawa to provide for municipal housing facilities.
WHEREAS the City of Ottawa is the delivery agent under the Ontario Works Act, 1997, S.O. 1997, c.25, Sch. A authorized to operate and manage housing under the Social Housing Reform Act, S.O. 2000, c.27;
AND WHEREAS subsection 210.1(2) of the Municipal Act, R.S.O. 1990, c. M.45, as amended, allows municipalities to enter into agreements for the provision of municipal capital facilities by any person;
AND WHEREAS Ontario Regulation 46/94 made under the Municipal Act allows the council of a municipality to enter into an agreement under subsection 210.1(2) of the Municipal Act for the provision of a variety of enumerated classes of municipal capital facilities;
AND WHEREAS one of those enumerated classes is municipal housing project facilities;
AND WHEREAS the said Ontario Regulation 46/94 requires that before a by-law authorizing an agreement respecting municipal housing project facilities is entered into a municipal housing facilities by-law must be enacted, which must comply with requirements set out in that Regulation;
AND WHEREAS Council is of the opinion that making use of subsection 210.1(2) of the Municipal Act is a desirable means of increasing the supply of affordable housing by providing financial or other assistance at less than fair market value to private and non-profit housing providers on the criteria set out in this by-law;
THEREFORE the Council of the City of Ottawa enacts as follows:
1. In this by-law,
“Act” means the Municipal Act, R.S.O. 1990, c. M.45, as amended, and its regulations;
“affordable housing” means affordable housing as set out in Section 4;
“average CMHC rent” for municipal housing project facilities at any one time means the average unit rent in the City of Ottawa as determined and amended from time-to-time by CMHC;
“capitalized
value of affordable housing services” means the difference between the average
aggregate
market value rents for all each units size
in a municipal housing project facility and the aggregate affordable
housing rents
charged for these for each units capitalized over
the term
of the municipal housing project facilities agreement using generally
accepted
accounting principals as they apply to social housing size;
“City” or “City of Ottawa” means the municipal corporation known as the City of Ottawa or the geographic area of the City of Ottawa, as the context requires;
“clerk” means the person appointed by Council pursuant to section 73 of the Act;
“CMHC” means the Canada Mortgage and Housing Corporation;
“Council” means the Council of the City of Ottawa;
“housing provider” means a corporation or individual legally entitled to own real property in the City of Ottawa;
“low income household” means a low income household as defined by Council by resolution from time-to-time;
“market value rent” means the rent that might reasonably be charged for units in a municipal housing facility if rented to the general public without subsidies, as determined by the City of Ottawa;
“municipal housing project facilities” means the municipal housing project facilities class of municipal capital facilities, as set out in Ontario Regulation 46/94, as amended;
“municipal housing project facilities agreement” means a municipal housing project facilities agreement as set out in Section 2.
“municipal housing project facilities by-law” means a by-law enacted by Council pursuant to paragraph 18 of section 2 of Ontario Regulation 46/94, as amended;
“rent supplement agreement” means rent supplement agreement as defined in the Social Housing Reform Act, S.O. 2000, c.27, as amended
“unit size” means the size of a unit within a municipal housing project facility or potential municipal housing project facility, measured by the number of bedrooms;
“waiting
list” means the
Social Housing Registry of Ottawa or successor waiting lista
list or lists which prioritizes access to social housing in the City.
2. Council may pass by-laws permitting the City to enter into municipal housing project facilities agreements with housing service providers, pursuant to subsection 210.1(2) of the Act, for the provision of the municipal housing project facilities.
3. Upon passing of a by-law referred to in Section 2, the clerk shall give written notice of the by-law to the Minister of Education and Training or successor, as set out in the Act.
4. The definition of affordable housing for the purpose of a municipal housing project facilities agreement shall be municipal housing project facilities in which the average rent for each unit size, inclusive of utilities but exclusive of parking, telephone, cable and other similar fees, is less than or equal to the average CMHC rent for the City of Ottawa for that unit size.
5. The City shall not enter into an agreement mentioned in Section 2 unless it has determined that:
(a) all the housing units to be provided as part of the municipal housing project facilities fall within the definition of affordable housing; and
(b) at least sixty percent of the housing units to be provided as part of the municipal housing project facilities are provided at rents targeted to low-income households.
6. (1) Subject to subsection (2), housing units
to be provided as part of the municipal housing project facilities shall be
made available only to
individuals and families on the waiting list, subject to their ability to pay the affordable rent for the available unit.
(2) If there are no individuals or families available as set out in subsection (1), housing units may be made available to individuals and families of the general public.
7. Despite subsection 6(c2),
under no circumstances shall a housing unit be made available,
(a) at rent that is not within the definition of affordable housing; or
(b)
to individuals or families who, if at the time the housing
unit was initially rented to them, would spend less than twenty -five
percent of their gross annual income on rent, inclusive of
utilities but exclusive of parking, telephone, cable and other similar fees, as
determined by the housing provider after making all reasonable inquiries.
8. The municipal housing project facilities agreements shall contain the following:
(a) the term of the agreement, which shall not be less than twenty years,
(b) each unit in the municipal housing project facilities shall meet the definition of affordable housing;
(c) provisions reflecting those matters set out in Sections 5, 6 and 7;
(d) no less than sixty percent of the units in the municipal housing project facilities shall be made available to low-income households;
(e) subject to Section 10, units subject to the agreement shall not be rented to the housing provider or shareholders or directors of the housing provider, or any individual not at arm’s length to the housing provider or shareholders or directors of the housing provider;
(f) the City may register the agreement on
title;
(g) the municipal housing project facilities agreement shall be binding on the housing provider’s heirs, successors and assigns;
(h) during the time period in which the municipal housing project facilities agreement is in force, the housing provider shall, as a condition precedent to a sale to a subsequent purchaser, require the subsequent purchaser to enter into an agreement with the City, and that agreement shall impose the terms of the municipal housing project facilities agreement on that subsequent purchaser;
(i) in addition to a general indemnity, the housing provider shall specifically indemnify the City if the provision set out in clause (h) is breached;
(j) a list of the benefits being conveyed to the housing provider under this by-law, including their monetary value;
(k) a statement that the City is satisfied
that the monetary
value of benefits being conveyed to the housing provider is reasonably offset
by the capitalized value of affordable housing services being conveyed to
the Cityis reasonably offset by
the monetary value of benefits being conveyed to the housing provider;
(l) if the housing provider does not carry out its obligations under the agreement, the housing provider shall pay to the City the entire amount of benefits conveyed under the agreement, together with any applicable costs and interest; and
(m) such other contractual provisions which are required to be inserted based on fundamental contractual drafting principles.
9. (1) As a means of partial or complete performance of the housing provider’s obligations under clause 8(d), the municipal housing project facilities agreement may require that the housing provider enter into a rent supplement agreement with the City.
(2) If the municipal housing project facilities agreement requires the housing provider to enter into a rent supplement agreement with the City as set out in subsection (1), the rent supplement agreement shall be entered into concurrently with the municipal housing project facilities agreement and shall be a condition of the City entering into the municipal housing project facilities agreement.
10. Despite clause 8(e), units subject to a municipal housing project facilities agreement may be rented to directors of the housing provider or individual not at arm’s length to directors of the housing provider if:
(a) the housing provider is a non-profit housing co-operative as defined in the Co-operative Corporations Act, R.S.O. 1990, c.C.35, as amended or a not-for-profit corporation; and
(b) the housing provider is at arm’s length to any individual or private for-profit corporation with which the director or individual not at arm’s length to the director, as the case may be, has a non-arm’s length relationship.
11. A municipal housing project facilities agreement may allow for the lease, operation or maintenance of the municipal housing project facilities by any person and, pursuant to subsection 210.1(3) of Act, for the sale or other disposition of municipal land or buildings that are still required for the purposes of the City.
12. A municipal housing project facilities agreement may, with respect to the provision, lease, operation or maintenance of the municipal housing project facilities that are subject to the agreement:
(a) provide for financial or other assistance at less than market value rent or at no cost to the housing provider with respect of the provision, lease, operation or maintenance of the facilities that are subject of the agreement, and such assistance may include:
(i) giving or lending money and charging interest;
(ii) giving, lending, leasing or selling property;
(iii) guaranteeing borrowing; and
(iv) providing the services of employees of the City;
(b) subject to subsections 210.1(15), (17), (18) and (19) of the Act, exempt from taxation for municipal and school purposes land or a portion of it on which the municipal housing project facilities are or will be located that:
(i) is subject to the municipal housing project facilities agreement;
(ii) is owned or leased by the person who has entered into the municipal project facilities agreement; and
(iii) is entirely occupied and used or intended for use for affordable housing.
13. A municipal housing project facilities agreement containing the provisions set out in clause 12(b) may provide for a full or partial exemption for the facilities from the payment of development charges imposed by the City under the Development Charges Act, 1997, S.O. 1997, c.27.
14. If a municipal housing project facilities agreement contains those provisions set out in clause 12(b), a by-law distinct from the by-law referred to in Section 2 shall be passed, and the information set out in clause 12(b) and, if applicable, Section 13 shall be inserted into that by-law.
15. The by-law referred to in Section 14 shall specify an effective date which shall be the date of passing of the by-law or a later date.
16. Upon the passing of the by-law referred to in Section 14, the clerk shall give written notice of its contents to:
(a) the assessment commissioner; and
(b) the secretary of any school board that would, but for the by-law, have had authority to require a municipality to levy rates on the assessment for the land exempted by the by-law.
17. This by-law may be cited as the Municipal Housing Facilities By-law.
ENACTED AND PASSED this day of , 2002.
CITY CLERK MAYOR