SF 788

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act
  1.2             relating to metropolitan government; requiring the 
  1.3             metropolitan council to adopt guidelines allocating 
  1.4             comprehensive choice housing among cities and towns in 
  1.5             the metropolitan area; requiring metropolitan council 
  1.6             review of efforts of cities and towns to comply with 
  1.7             the allocation; proposing coding for new law in 
  1.8             Minnesota Statutes, chapter 473. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [473.202] [AFFORDABLE HOUSING.] 
  1.11     Subdivision 1.  [POLICY; GOALS.] In order to protect and 
  1.12  enhance the social and economic health of the metropolitan 
  1.13  region and each community in the region, it is the legislature's 
  1.14  policy to encourage development of a full range of housing 
  1.15  options in every community in the metropolitan area.  The 
  1.16  legislature's goals are to:  provide citizens with housing 
  1.17  choices; remove barriers to the development of a comprehensive 
  1.18  range of housing; create incentives for each community to 
  1.19  develop housing that will serve residents as their income and 
  1.20  housing needs change; reduce traffic congestion in the 
  1.21  metropolitan area by providing people opportunities to live near 
  1.22  their work in housing that is affordable to them; allow people 
  1.23  to live near where jobs are being created; allow people to 
  1.24  remain in their community as their situations and needs change; 
  1.25  and have each community implement the housing policy and goals 
  1.26  of the region. 
  1.27     Subd. 2.  [DEFINITIONS.] The definitions in this 
  2.1   subdivision apply to this section. 
  2.2      (a) "Affordable housing" means housing that requires 
  2.3   households to spend no more than 30 percent of their household 
  2.4   income on housing and housing-related expenses.  
  2.5      (b) "Comprehensive choice housing" means single-family and 
  2.6   multifamily housing that is affordable for households with 
  2.7   incomes less than or equal to 30 percent, 50 percent, and 80 
  2.8   percent of area median income. 
  2.9      (c) "Comprehensive choice housing allotment" means a city's 
  2.10  or town's allocation of comprehensive choice housing distributed 
  2.11  on a fair-share basis under subdivision 3. 
  2.12     (d) "Median income" means median household income, adjusted 
  2.13  for family size, for the Minneapolis-St. Paul metropolitan 
  2.14  statistical area, as determined by the federal Department of 
  2.15  Housing and Urban Development.  
  2.16     (e) "Substantial compliance" means that at least 75 percent 
  2.17  of the cities and towns in a sub-area of the metropolitan region 
  2.18  are certified as meeting the comprehensive choice requirements 
  2.19  under subdivision 3, paragraph (b), clause (5). 
  2.20     Subd. 3.  [COMPREHENSIVE CHOICE HOUSING ALLOTMENT; 
  2.21  GUIDELINES.] (a) Before July 1, 2002, the metropolitan council 
  2.22  shall adopt guidelines for establishing comprehensive choice 
  2.23  housing in the metropolitan urban service area and freestanding 
  2.24  growth centers.  The council shall contract with the office of 
  2.25  administrative hearings to conduct public hearings to adopt 
  2.26  guidelines under this subdivision.  The council shall give 
  2.27  notice at least 30 days before the hearing by publishing a 
  2.28  notice in the State Register and mailing a notice to persons and 
  2.29  groups who have requested notification.  At the hearing, the 
  2.30  public shall have an opportunity to give testimony and question 
  2.31  council members and council staff.  
  2.32     (b) Guidelines adopted under this subdivision must: 
  2.33     (1) analyze the metropolitan urban service area's and 
  2.34  freestanding growth centers' present and prospective need for 
  2.35  comprehensive choice housing, including the need for 
  2.36  single-family and multifamily housing for individuals and 
  3.1   households at 30 percent, 50 percent, and 80 percent of median 
  3.2   income.  Local, state, and federal agencies shall work 
  3.3   cooperatively with the council to identify, collect, and augment 
  3.4   relevant data and studies without duplicating other analytical 
  3.5   efforts; 
  3.6      (2) using the formula required by paragraph (d), allocate 
  3.7   the metropolitan urban service area's and freestanding growth 
  3.8   centers' comprehensive choice housing needs, on a fair-share 
  3.9   basis, to cities and towns in the metropolitan urban service 
  3.10  area and freestanding growth centers' areas.  
  3.11     (3) determine the extent to which each city or town has, in 
  3.12  the past, accomplished its comprehensive choice housing 
  3.13  allotment.  For the purpose of determining substantial 
  3.14  compliance with comprehensive choice housing allotment, full 
  3.15  credit shall be given for current and past efforts to provide 
  3.16  affordable housing; 
  3.17     (4) study and identify on a city-by-city basis, the 
  3.18  existing barriers to comprehensive choice housing including, but 
  3.19  not limited to, zoning requirements, development agreements, and 
  3.20  local development practices that impose barriers to the 
  3.21  development of comprehensive choice housing; 
  3.22     (5) describe actions that a city or town may take to: 
  3.23     (i) eliminate barriers to comprehensive choice housing; 
  3.24     (ii) make use of available opportunities and resources to 
  3.25  meet the objective of providing comprehensive choice housing 
  3.26  development; and 
  3.27     (iii) maintain housing affordability; 
  3.28     (6) establish annual review procedures, requirements, and 
  3.29  guidelines for council review and certification of city and town 
  3.30  compliance with the fair-share housing allocation; and 
  3.31     (7) establish procedures through which the council shall 
  3.32  adopt and execute a plan to facilitate, coordinate, and, subject 
  3.33  to its authority under sections 473.194 to 473.201, cause the 
  3.34  development of affordable housing in all cities and towns where 
  3.35  the supply of affordable housing is inadequate to meet the 
  3.36  objectives under this section.  Based on the factors in clause 
  4.1   (2), the plan shall prioritize the proposed development of 
  4.2   affordable comprehensive choice housing in inverse proportion to 
  4.3   the percentage of available low- and moderate-income affordable 
  4.4   housing in each respective city or town. 
  4.5      (c) Using the most current and reliable information 
  4.6   available, the council shall develop, as required by paragraph 
  4.7   (b), clause (2), a formula for allocating the metropolitan 
  4.8   area's comprehensive choice housing needs to cities and towns 
  4.9   within the metropolitan urban service area and to freestanding 
  4.10  growth centers. 
  4.11     (d) The formula developed by the council shall include the 
  4.12  following factors: 
  4.13     (1) distribution of housing units by value or rent and the 
  4.14  proportion of those units affordable to households with incomes 
  4.15  at or below 30 percent, 50 percent, and 80 percent of median 
  4.16  income considering housing tenure, type, and availability; 
  4.17     (2) income distribution of households considering the 
  4.18  number of households with incomes that are 30 percent, 50 
  4.19  percent, and 80 percent of median income, and the proportion of 
  4.20  those households paying more than 30 percent of their household 
  4.21  income on housing and housing-related expenses; 
  4.22     (3) job base, considering those jobs that provide 
  4.23  employment opportunities for lower-income households and the 
  4.24  ratio of jobs to households; 
  4.25     (4) future development potential considering vacant land, 
  4.26  the council's forecasts of households and employment, and the 
  4.27  annual deviation from the council's forecasts resulting from 
  4.28  variation in overall housing construction in the metropolitan 
  4.29  area; 
  4.30     (5) future redevelopment potential in cities and towns with 
  4.31  inadequate supplies of vacant land to meet their allocation 
  4.32  needs, considering age and value of housing, and redevelopment 
  4.33  plans of cities and towns; and 
  4.34     (6) cities' and towns' current and past efforts to provide 
  4.35  and sanction housing or housing assistance for low-income 
  4.36  households. 
  5.1      Sec. 2.  [APPLICATION.] 
  5.2      Section 1 applies in the counties of Anoka, Carver, Dakota, 
  5.3   Hennepin, Ramsey, Scott, and Washington. 
  5.4      Sec. 3.  [EFFECTIVE DATE.] 
  5.5      Sections 1 and 2 are effective the day following final 
  5.6   enactment.