Representatives from Metro and various regional stakeholders are close to an agreement that would create the first regional policy on planning for affordable housing.
Whether that will be included in this year's capacity ordinance remains to be seen.
Councilor Robert Liberty, along with a subcommittee from the Metro Policy Advisory Committee, crafted a draft policy to mandate that cities plan for affordable housing in new urban reserve areas.
But the level of specificity in the proposal worried some cities, and some of the region's residents questioned whether it was even legal for Metro to establish an affordable housing mandate.
"Metro's proposed policy to support one group ahead of another appears to be in conflict with fair housing laws," said Jane Leo, lobbyist for the Portland Metropolitan Association of Realtors, at a Dec. 2 hearing on the capacity ordinance. She then proceeded to read aloud Oregon Revised Statute 197.309, which outlaws so-called inclusionary zoning.
Metro officials say the ban is narrow, and doesn't prohibit Metro's proposed requirement, that cities and counties come up with strategies for housing that's affordable to people who make less than the median income.
In fact, one proposed draft of the ordinance says specifically that the rules are “not intended to require the imposition of conditions of approval that violate the provisions of ORS 197.309 or other types of requirements to sell or rent housing at particular prices or to people within certain income ranges.”
The proposal is about the only element in the capacity ordinance that has outstanding controversy. Metro Councilor Kathryn Harrington, who represents northern and western Washington County, wants cities to have flexibility in the way they address affordable housing issues; Councilor Robert Liberty, who represents southern Portland, wants cities to have firm, realistic plans on how to create housing choices for people below the median income.
A proposal from Liberty says plans “should include implementing strategies that support the likelihood that needed housing types — including housing options for households with incomes at or below 80, 50 and 30 percent of median family incomes — will be market-feasible or provided by non-market housing developers within the 20-year UGB planning period.”
A proposal from Hillsboro officials removes the clause with the percentages, and area developers oppose the breakdowns, as well.
“We should not be imposing mandates in concept plans for UGB expansion areas to have to include housing types for low income ranges,” said Dave Nielsen, CEO of the Home Builders Association of Metropolitan Portland, at the Dec. 2 hearing. “Local jurisdictions are already struggling with Metro’s requirements for affordable housing, including in center and corridor areas where tools like urban renewal can be used.”
Advocates were also at the hearing, last week at the Hillsboro Civic Center.
"It's not about mandating inclusionary zoning. We know we can't do that," said Ramsay Weit, director of the Washington County-based nonprofit Community Housing Fund. "We need an attitude that considers the needs of people making minimum wage, that are working throughout Washington County and the region, who are driving across the region because they can't afford to live close to their job."
Hillsboro Mayor Jerry Willey says he supports affordable housing, and that the Title 11 provision on affordable housing is a good idea. He’s been working with Liberty to try and craft a proposal that is usable, as he put it, for cities.
“It’s a good idea, let's just make sure we don't put so many restrictive clauses and covenants on it that it's not functional,” Willey said.
It’s worth noting that Title 11 wouldn’t go into effect until the end of 2011, exempting South Hillsboro if it were brought into the urban growth boundary next year.
Having the provisions in Title 11, Willey said, is important because it will make affordable housing part of the conversation from the beginning of planning for an area.
“It’s not like affordable housing is going to be subliminal,” he said. “If you put it in the mindset of everyone developing housing in your community or your region, it’ll be part of their plan as well. It’ll get accomplished.”
The affordable housing changes don't have to be in the capacity ordinance; councilors can revisit them in 2011. The council is expected to decide this week whether to try and get the changes done in 2010.
The third of four public hearings on the capacity ordinance is scheduled for 5 p.m. Thursday evening at the Metro Regional Center.