Housing for Older Persons in New Hampshire

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Housing for Older Persons in New Hampshire

• April 26, 2008
• William S. Ray, Managing Director, Policy,
  Planning and Communications

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New Hampshire Housing Background

• Established by State Legislature under RSA 204-C
• Independent self-sustaining authority not a
  state agency
• Mission
• To help create housing which is affordable to low
  and moderate income people
• Continuum of services from rental assistance for
  very low income households to home ownership
  programs for low to moderate income households
• Things New Hampshire Housing does not do
• Oversee local housing authorities
• Develop property
• Own projects

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New Hampshire Housing Programs

• Home Ownership
• Single Family Mortgages
• 1,300 -1500 loans / year 200-240 Million /
  year
• Multi-Family Housing Development
• 500 units financed / year
• Tenant Assistance / Supportive Services
• 3,000 units of Tenant Based rental assistance
• 5,000 units of Project Based rental assistance
• Housing Research / Planning / Technical
  Assistance
• Housing Awareness Program

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Housing for Older Persons Legitimate Age
Discrimination?

• 42 U.S.C. 3604 Discrimination prohibited in the
  sale or rental of housing
• Familial status among other things (race,
  color, religion, sex and national origin)
• But
• 42 U.S.C. 3607(b) Familial status provision
  doesnt apply to housing for older persons

Familial status discrimination against persons
having children under 18 residing with them
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Housing for Older PersonsFederal (42 U.S.C.
3607(b))

• Assisted Housing under Federal or State program
• Occupancy restricted
• 62 and older (sole occupancy)
• 55 and older (minimum occupancy)
• 80 of units occupied by at least one person 55
• Policies and procedures demonstrate intent
• verification policies in place

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Housing for Older PersonsState (RSA 354-A)

• RSA 354-A10 Unlawful discriminatory practices in
  housingfamilial status, age (also marital
  status, physical or mental disability)
• But
• RSA 354-A15 Housing for older persons
• Same as Federal, except 55 housing requires
  significant facilities, as identified in rules
  of NH Human Rights Commission, or

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Housing for Older PersonsState (RSA 354-A)

• If facilities and services are not practicable
  the housing must be necessary to provide
  important housing opportunities for older persons

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Housing for Older PersonsState (RSA 354-A)

• 55 Significant facilities HRC 302.03
• Programs designed to provide a social life for
  residents
• Continuing education programs of interest to
  residents
• Information and counseling services
• Recreational programs
• Homemaker services
• Services designed to assist residents with the
  maintenance and upkeep of building and grounds
• MORE ?

Expired
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Housing for Older PersonsState (RSA 354-A)

• 55 Significant facilities HRC 302.03
• An accessible physical environment
• Emergency and preventative health care programs
• Congregate dining facilities
• Transportation to facilitate access to social
  services
• Referral services
• Services designed to encourage and assist
  residents to use the services and facilities
  available to them

Expired
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Housing for Older PersonsState (RSA 354-A)

• Issues with 55 Significant facilities
• Difficult to define, even with HRC rules
• Difficult to enforce, monitoring necessary
• If planning board or ZBA conditions of approval
  are used bonding for performance/maintenance may
  be warranted
• Failure of the project owner(s) to maintain
  significant facilities may jeopardize the
  ability to restrict by agepotential liability of
  municipality
• Human Rights Commission does not advise

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Housing for Older PersonsState (RSA 354-A)

• necessary to provide important housing
  opportunities for older persons
• What is the need for housing that serves an age
  restricted population?
• Need limited access to housing that is required
  to sustain a decent, safe, sanitary and
  affordable life style.
• It is the portion of demand that is not satisfied
  by the private housing market.
• Variables include the availability of services,
  income/assets of the market participants,
  willingness to move, disability level, proximity
  to family
• Need is a part of demand. Demand is want. I
  want to live next to the golf course. I dont
  need to live there.

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Municipal Adoption of Zoning Provisions for
Housing for Older Persons

• Zoning can be a means of inducing the development
  of housing for older persons
• Density bonuses, fee waivers, GMO waivers
• Should it be affordable?
• Municipalities cannot require affordability, but
  can induce developers to build it
• How do you define affordable? There is no
  single definitionyou must figure it out
  yourselves and put it into your ordinance
• You cannot restrict it to existing residents!

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Inclusionary Zoning

• Defined RSA 67421,IV(a) "Inclusionary zoning"
  means land use control regulations which provide
• a voluntary incentive or benefit to a property
  owner
• to induce the property owner
• to produce housing units
• which are affordable to persons or families of
  low and moderate income

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Issues with Elderly Housing

• What need is your municipality trying to
  address?
• Market rate or luxury retirement community?
  (demand driven)
• Akin to a commercial developmentwith voting
  power
• Can feel separated from existing residents
• Decent safe and affordable units for lower
  income/asset elderly (need driven)
• Consolidating the demand for personal services to
  allow for efficiency in their provision to an
  aging population
• Providing an interim step between independent
  living and a medical facility (nursing home)

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Issues with Elderly Housing

• Does it foster the kind of community you want? Is
  it better to have mixed-age, mixed-income
  development?
• Does it add to the local economy?
• What market area do you expect to serve?
• Local and regional housing needs assessments
• Market size needed to maintain occupancy
• Initial and future compliance
• Willingness to move
• Are there personal services available in the
  community?

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Issues with Elderly Housing

• Is most of the demand really for affordable, low
  maintenance, safe and more accessible homes? (not
  age restricted)
• For years municipalities have not wanted smaller
  units with more density
• Builders/developers have not wanted to build
  smaller units
• Why not induce development to satisfy the demand
  (and reduce the potential liability to justify
  discrimination)?
• Must a municipality induce housing for older
  persons?

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Sources of Funding for Subsidized Elderly Housing

• NHHFA
• Low Income Housing Tax Credits
• HOME
• Tax Exempt Bonds
• Affordable Housing Fund
• Other Internal Funds
• Rural Development
• 515 Program
• HUD
• 202 Program
• Community Development Finance Authority
• State Community Development Block Grant
• State Tax Credit Program

Technical Assistance Loans
Feasibility Grants
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www.nhhfa.org
New Hampshire Housing