AHAC Affordable Housing Advisory Committee

Question:
What are the responsibilities of a local Housing Advisory Committee? Is my community required to have this Committee?
Answer:
An Affordable Housing Advisory Committee (AHAC) is appointed by governing board of a local jurisdiction as required by Section 420.9076, F.S. Its purpose is to provide recommendations for strategies to reduce regulatory barriers to developing affordable housing in the community. The statute requires that the recommendations be presented to the local governing body, which must amend the Local Housing Assistance Plan (LHAP) to incorporate Local Housing Incentive Strategies. These strategies must be adopted within one year of adopting the LHAP. Furthermore, every three years, the jurisdiction’s AHAC must review the housing incentive strategies in the Local Housing Assistance Plan. They should consider that the SHIP plan may also include other regulatory reforms, such as those enumerated in s. 420.9076 or those recommended by the advisory committee, if they are adopted by the local governing body. There is one exception: local governments that receive the minimum allocation under the SHIP program shall perform an initial review and report in 2008, but may elect to not perform the triennial review thereafter. In such a minimum distribution jurisdiction, the advisory committee could be discharged from service.
Many communities, however, have chosen to maintain their advisory committees and charge them with additional responsibilities. Some committees serve to review new local policies for their impact on the development of affordable housing. Other committees may work with SHIP staff to consider ways to enhance the housing strategies outlined in the Local Housing Assistance Plan. The AHAC in some communities serves as a more formalized version of the local housing partnership of lenders, builders, contractors and citizens that advises on implementation of the LHAP. It becomes an entity that provides the SHIP administrator with input and feedback from the community so that the SHIP program is highly responsive to local needs. Another way the AHAC is used is in the creation of locally adopted guidelines, policies and procedures that the SHIP staff follow to implement the housing strategies. For example, some AHACs have participated in the development of lending guidelines for a down payment assistance program. The implementation of the guidelines and policies is the responsibility of the SHIP Administrator, however. The AHAC should be exclusively advisory, and as such, an AHAC should not play an operational role.

Question:
Please clarify the role of the local housing partnerships and distinguish it from the local affordable housing advisory committee.
Answer:
Since the SHIP statute addresses both entities, it is easy to become confused on this issue. Section 420.907, Florida Statutes-the SHIP statute- details specific information about the formation, powers and duties, and required membership of the affordable housing advisory committee. Advisory committee members must be appointed by local government resolution, must follow all laws related to government in the sunshine, and has as its specific statutory charge the recommendation of local housing incentive strategies to the local governing body. After the incentive strategies have been recommended, the duties of the Advisory Committee are fulfilled, and the statute makes no further requirements from the local government of the committee. Having no further responsibilities, the local government may sunset the advisory committee, or may elect to maintain the committee for the express purpose of reviewing the implementation of the incentive strategies and recommending additional incentive strategies to expedite the production of additional affordable units. The Florida Housing Finance Agency has stated that if the local government wishes to amend its incentives that were adopted in the original HIP, the advisory committee shall be a part of that process.
The Affordable Housing Partnership While the presence of a locally formed affordable housing partnership is an integral part of the SHIP program, the statute gives no specific powers and duties to this partnership, but does give general information as to its membership. The legislative intent is to combine local resources to the extent that the effort will reduce the cost of producing or providing decent and affordable housing. It is important to note that the statute does not intend for the partnership to be formally constituted as a corporate body. The Legislative intent is to encourage partnerships in order to secure the benefits of cooperation of the public and private sectors and to reduce the cost of housing by effectively combining all available resources and cost-saving measures. Implementation of Intent Each community utilizes its partnership differently. While providing technical assistance in communities throughout the state, I have noticed that the most successful partnerships are those in which the membership is broad and inclusive and each member brings a service or product to the table which maximizes the value while reducing the cost of affordable housing within the community. I have also noticed that in many successful communities the partnership functions in an oversight capacity only, assisting with setting the direction of the program through suggesting policy to the local governing body and making specific recommendations for improving the overall program and amending the local housing assistance plan. Many of these successful partnerships may also review the internal administrative policies and procedures of the local program, and make suggestions for improvement directly to the program administrator, as well as to the local governing board. In most cases, quarterly meetings are adequate to perform these functions. In some communities, the appointed advisory committee functions as the partnership, with expanded responsibilities such as serving as a loan committee or otherwise assisting with applicant processing and other administrative duties. This type of arrangement can be counter-productive to a program, adding another layer of bureaucracy to the process. This additional layer of review often results in a poorly-run program, less production of affordable units, potential conflict of interest issues, negative attitudes and NIMBYism by the community at large and the target population, and potential program compliance problems. I would encourage local jurisdictions who have maintained their originally constituted advisory committees to utilize the individual member expertise and enthusiasm of advisory committee members through their participation in a local partnership. No matter what name is given to this partnership, it should include appropriate representation of all related industry and community interests. The statute states that the specific participants in partnership activities may vary according to the community's resources and the nature of the local housing assistance plan. Since each community's program and resources are unique, there is no Aright way to form and utilize your partnership. The Coalition stands ready to assist you with tailoring your community partnership to best meet local needs. Should the local governing board wish to maintain the original formalized affordable housing advisory committee as constituted by local resolution, this committee should actually participate as a sub-set of the broader partnership, having the responsibility of a watchdog over efforts to reduce regulatory barriers which have a negative impact on the overall production of affordable housing. Regardless of which approach is used, having your community partners actively participate in your affordable housing program will enhance local government efforts to provide decent, safe, and affordable housing for low-income people in your community.
The SHIP Statute also addresses the role of the Advisory Committee. Section 420.9076, Florida Statutes, states that the governing board from each community which receives a direct distribution of funds from the state shall appoint the members of the affordable housing advisory committee by resolution, such members being specifically representative of certain industries related to affordable housing. The advisory committee will review all established policies, procedures, ordinances, land development regulations, and adopted local comprehensive plan and make specific recommendations of initiatives to the governing board to encourage or facilitate affordable housing. The appointment of the committee and the adoption of the housing incentive strategies must take place within 12 months after the original adoption of the Housing Assistance Plan. The Partnership: Section 420.9072, F.S., states that "the Legislature finds that affordable housing is most effectively produced by combining available public and private resources to conserve and improve existing housing and provide new housing for very low, low, and moderate income households. The Legislature intends to encourage partnerships in order to secure the benefits of cooperation of the public and private sectors and to reduce the cost of housing for the target group by effectively combining all available resources and cost-saving measures." The intent is to "achieve this combination of resources by encouraging active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low-income persons, and community groups to produce affordable housing and provide related services." Section 420.9075 (2)(a) F.S., further states that "each county and each eligible municipality participating in the SHIP program shall encourage the involvement of appropriate public sector entities as partners . . ." and details the specific representation of the partnership. Section 420.9075(2)(b) F.S., states that "The specific participants in partnership activities may vary according to the community's resources and the nature of the local housing assistance plan."

Question:
How does the Sunshine Law apply to our SHIP advisory committees?
Answer:
When dealing with advisory committees it is very important to keep in mind the requirements of Florida's open meetings laws. Any Board of County Commission appointed committee that is part of a fact finding commission, or any board or committee that has final decision making authority is covered by these laws. There is a strong legislative and judicial presumption in favor of openness. If you have any questions about these requirements, consult with your city attorney, county attorney, or other appropriate legal counsel.


Question:
Do I have to use the AHAC Report Template provided by the Housing Coalition (first developed in 2008)?
Answer:
No, this report outline is available for use, but not required. However, the FHFC staff asked that we remind everyone that the Incentive items A through K as outlined in the statute must be included in the report along with the advisory committee’s recommendation.


Question:
Our Advisory Committee report is going to the Board of County Commissioners on November 12 before a December 31st deadline. Will November 12th mark the start of our 90-day clock for the Board to adopt any incentives or do we still have until March 31 of next year?
Answer:
Your 90-day clock begins when the Advisory Committee presents their report to the Board. The last day allowed by statute to submit the report to the governing body is December 31, making the 90-day deadline March 31 of the next year. According to FS 420.9076 (6) “Within 90 days after the date of receipt of the local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction. The amendment must include, at a minimum, the local housing incentive strategies required under s. 420.9071(16). The local government must consider the strategies specified in paragraphs (4)(a)-(k) as recommended by the advisory committee.”


Question:
I am reviewing the dates that are in the timeline created by the Housing Coalition. Are the dates listed just suggested or are they required by rule and statute?
Answer:
The SHIP statute and rule are very clear regarding due dates for meeting the requirements of the AHAC committee. Some items, such as the Public Hearing, are suggested to give the AHAC members enough time to advertise, hold the public hearing and submit the final report by the statutorily defined December 31 deadline.


Question:
Our Affordable Housing Advisory Committee does not want to make any changes to the LHAP now, but wants to wait until January since we have a new LHAP due in May.
Is this acceptable?
Answer:
No. The Affordable Housing Advisory Committee is required by FS 420.9076 to meet every three years to review regulatory barriers to affordable housing. The AHAC must make recommendation on items A through K and submit a report to the governing board by December 31 on a three year cycle. Incentives shall be adopted by amending the LHAP within 90 days and then forwarded to FHFC by May 2. They should follow the statute and rule time line.


Question:
Can the County Commissioners approve the incentives and adopt the amendment to the LHAP at the same time or do they have to approve the incentives before adoption into the LHAP?
Answer:
There is nothing in the statute or rule that requires the incentives to be adopted prior to amending your LHAP. However, the incentives that will be adopted may require a Comprehensive Plan Amendment, Ordinance or policy change that will need to be approved by your Board separately. FS 420.9076 states: (6) Within 90 days after the date of receipt of the local housing incentive strategies recommendations from the advisory committee, the governing body of the appointing local government shall adopt an amendment to its local housing assistance plan to incorporate the local housing incentive strategies it will implement within its jurisdiction.


Question:
Is it the approval of the incentives that has to be by resolution or the adoption of the amendment to the LHAP that has to be the resolution?
Answer:
The amendment to the LHAP must be adopted by Resolution.


Question:
Can we split our AHAC committee into two sub-committees; one to review items a-k and another to review our LHAP since it is due on May 2 of the following year?
Answer:
The statute is clear in its intent and AHAC membership, therefore the entire committee should meet in accordance with FS 420 9076 (4),
“ ... the advisory committee shall review the established policies and procedures, ordinances, land development regulations, and adopted local government comprehensive plan of the appointing local government and shall recommend specific actions or initiatives to encourage or facilitate affordable housing while protecting the ability of the property to appreciate in value. The recommendations may include the modification or repeal of existing policies, procedures, ordinances, regulations, or plan provisions; the creation of exceptions applicable to affordable housing; or the adoption of new policies, procedures, regulations, ordinances, or plan provisions, including recommendations to amend the local government comprehensive plan and corresponding regulations, ordinances, and other policies. At a minimum, each advisory committee shall submit a report to the local governing body that includes recommendations on, and triennially thereafter evaluates the implementation of, affordable housing incentives…”
However the statute and rule do not require the LHAP to be reviewed by the AHAC. This is a local decision only. If your city/county decides that it wants the AHAC to review the new LHAP, there will be ample time since the Incentive Strategy Report is due in December and your new LHAP is due over four months later.


Question:
When my Commission approves the AHAC incentive plan, does there have to be a public hearing?
Answer:
The statute only requires a public hearing when the Advisory Committee takes its vote on the local housing incentive strategies recommendations. Section 420.9076 (5) of the SHIP Statute provides the following information regarding the public hearing:
“The approval by the advisory committee of its local housing incentive strategies recommendations and its review of local government implementation of previously recommended strategies must be made by affirmative vote of a majority of the membership of the advisory committee taken at a public hearing. Notice of the time, date, and place of the public hearing of the advisory committee to adopt final local housing incentive strategies recommendations must be published in a newspaper of general paid circulation in the county. The notice must contain a short and concise summary of the local housing incentives strategies recommendations to be considered by the advisory committee. The notice must state the public place where a copy of the tentative advisory committee recommendations can be obtained by interested persons.”
The rule and statute do not require an additional public hearing when the Commission votes on the recommendations, so unless your local policy dictates otherwise you can have the incentives adopted by an amending resolution to your Local Housing Assistance Plan during a regular board meeting.


Question:
When we advertise the public hearing for our AHAC incentives, how much notice are we required to give?
Answer:
Both the rule and the statute are silent on this issue, so check to see if you have any local policies that govern advertisement of public hearings. If not, 15 to 30 days notice would provide sufficient time for the public to review the plan and make arrangements to attend.


Question:
What will be required if the AHAC does not make recommendations on changes to the current incentives or recommends new incentives? Also, what if the Board does not adopt any new incentives and keeps the current two required incentives as they currently exist in the LHAP.
Answer:
You must produce an Advisory Committee’s report which provides evidence that the incentives listed in 420.9076(4), F.S. have at least been reviewed and the AHAC made the recommendation that no changes be made. This must be provided to FHFC and your City or County Commission. A copy of the report must be submitted to FHFC as outlined by 420.9076 (7):
“The governing board of the county or the eligible municipality shall notify the corporation by certified mail of its adoption of an amendment of its local housing assistance plan to incorporate local housing incentive strategies. The notice must include a copy of the approved amended plan” and 67-37.010 (3) “The county or eligible municipality shall transmit to the Corporation an electronic copy of the report which has been submitted to the local governing board for consideration by May 2 of the year following the report due date.”
Each local government LHAP currently includes the two required incentives. If the local government decides that no new incentives, other than the two required incentives are needed at this time, then no amendment is required. However, if there are changes to the two required incentives including policies or procedures, then a technical revision to the plan to incorporate those changes would be required. In addition, if the local governing body decides to implement any of the other incentives listed in 420.9076, F.S., then an amendment to include the new incentives in the LHAP would be required. By definition of Plan Amendment in 420.9071(22), F.S.:
(22) “Plan amendment” means the addition or deletion of a local housing assistance strategy or local housing incentive strategy. Plan amendments must at all times maintain consistency with program requirements and must be submitted to the corporation for review pursuant to s. 420.9072(3). Technical or clarifying revisions may not be considered plan amendments but must be transmitted to the corporation for purposes of notification.”