2006 Consolidated Annual Performance & Evaluation Report
Housing Overview

Affordable housing continues to be the City’s highest community development priority. In 2005, the City Council identified affordable housing as one of its top three priorities. CEDO has continued working closely with the City Council Community Development and Neighborhood Revitalization Committee to amend existing ordinances and launch new initiatives to address the housing crisis. Vermont Interfaith Action has also brought an organized group of citizens into the debate over how to create housing that is affordable to low-income residents. As part of the comprehensive revision of the City’s zoning ordinance, CEDO has advocated policies to encourage housing development and rehabilitation.

With declining CDBG funding for the City overall and reductions in CDBG funds for housing programs, CEDO is no longer able to provide an acceptable level of service and funding for Burlington’s low and moderate-income households. Due to persistent funding reductions to the Housing Division, CEDO could make only one home accessible to a person with disabilities and our free paint program is serving about half the number of homes in the areas targeted for improvement. In years past, CEDO was able to fund physical improvements to one of the City’s homeless shelters – that is no longer possible with such meager amounts of CDBG funding for our housing programs. So, while housing continues to be the City’s highest community development priority, the resources available to address the housing needs of our low and moderate-income residents are woefully inadequate. This deficiency must be addressed if we are to avoid moving backward.

The City uses its CDBG funds in the housing arena principally to support the operating and predevelopment costs of nonprofit housing developers. This use of funds best fits the City’s housing objectives because (1) there are other, larger fund sources available for “hard” project costs, i.e., bricks and mortar; (2) there often are not other, or are insufficient, fund sources available to pay for program delivery costs; and (3) the amount of CDBG funds available is not large enough to accomplish much if used for hard project costs. The City does use CDBG funds for hard project costs on small housing rehab projects and for special projects (such as shelter renovations), where other funds are often not available.

Funding for “hard” project costs for new construction and rehab of affordable housing comes principally through the HOME program; the Low Income Housing Tax Credit (allocated through the Vermont Housing Finance Agency); the Vermont Housing & Conservation Board; the state Community Development Block Grant program; special needs HUD programs such as the 202 and 811 programs (for housing for the elderly and disabled); and/or bank debt. CDBG is only used in new construction projects that also involve the use of HOME funds.

Champlain Housing Trust, the Burlington Housing Authority, YouthBuild, Burlington Co-Housing and CEDO expended $167,059 in CDBG funds and $725,561 in HOME funds during Program Year 2006 to rehabilitate and increase the supply of affordable housing in the City. The accomplishments of each program are described in the Goals, Strategies and Funded Activities section of this Report, as they relate to each housing priority. Overall, housing projects leveraged $7,210,336 this year in other public and private funds for operating costs and costs for completed projects – a ratio of 8:1 of leveraged to CDBG and HOME funds.

In 2005, the U.S. Department of Housing & Urban Development recognized Burlington as a model for removing regulatory barriers that drive up housing costs. HUD acknowledged that our community is working to create a more inclusive environment for families struggling to afford decent homes.

Much of the funding and staff effort this year in our Housing Division has gone into preserving Low Income Housing Tax Credit apartment complexes as affordable housing and acquiring and rehabilitating substandard rental properties in the Old North End. In addition, we have provided significant technical assistance to several private sector housing developers to navigate the development review and permit appeal process. Unfortunately, the vast majority of market-rate and affordable housing projects that have been approved by the City wind up under appeal by adjacent property owners. Legislative changes that were intended to make the appeal process more fair and timely have not yet proven to ameliorate a permit process that often takes years to negotiate and is both very costly and risky for developers.

On the nonprofit development side, several major projects are just now coming to fruition. For example, the structure of the Banknorth redevelopment project has undergone yet another change and is now proceeding in several phases. Redstone Development Company will create 16 market rate loft units in the former Hinds Building on the northwest corner of St. Paul and King Streets. Champlain Housing Trust and Housing Vermont are developing a 20-unit Low Income Housing Tax Credit project that will be managed as a co-op. These same two partner organizations have completed the renovations of six rental properties scattered through the Old North End – now called the Callahan Housing Project. This project involved major rehabilitation and lead hazard reduction of 28 existing apartments in the Old North End in support of the North Street Revitalization Project.

Other projects worthy of mention here are the Burlington Housing Authority’s acquisition and development of transitional housing near Franklin Square public housing, and Burlington Co-Housing’s East Avenue project. BHA has purchased a single-family house and will add 10 transitional apartments for women leaving the battered women’s shelter. Co-Housing is nearing completion on construction of 30 new condos on East Avenue. As part of this project, 11 units will be sold to households earning less than median income. This project is benefiting from the flexibility created by HUD’s designation of the Burlington Neighborhood Revitalization Strategy Area (NRSA), which allows the City to aggregate all housing units assisted with CDBG and located in the NRSA for purposes of meeting the federal requirement that at least 51% of CDBG be used to benefit low- and moderate-income households.

The local nonprofit housing sector saw a major institutional change in late 2006. After a lengthy collaborative process, the Boards of Directors for the Burlington Community Land Trust and Lake Champlain Housing Development Corporation decided to merge the organizations into one nonprofit corporation – the Champlain Housing Trust. They determined that now is an “opportune time to create a single, strong professional organization to ensure the longevity of [their] ability to serve many more Vermonters with their continuing and expanding need for affordable housing.” By most accounts, the merger process is going well and will position the organization for new opportunities.

City Housing Ordinances

Since the early 1980s, the City has adopted various ordinances intended to protect vulnerable residents, preserve the existing affordable housing stock and produce new affordable housing. CEDO’s Assistant Director for Housing administers numerous housing ordinances and has been instrumental in several zoning amendments designed to encourage high quality affordable and market rate infill housing. CEDO and the Code Enforcement Office are developing a local lead paint safety ordinance. The City Council identified housing as one their three priorities for last year, and CEDO continues to pursue the following new ordinances and ordinance amendments to accomplish various local housing goals:

• Exempt certain rental properties from the requirements of the City’s Condo Conversion ordinance.
• Amend Inclusionary Zoning to discourage building affordable units off site.
• Require that contractors and property owners perform renovations according to standard lead safe work practices.
• Create capacity for the City to promote fair housing education and enforcement.

Fair Housing

The City’s Assistant Director for Housing served as the co-convener of the Housing Action Group of the Racism Study Circles. The City has set the following fair housing goals for the next year:

• Modernize the City’s fair housing ordinances and make them substantially equivalent with federal fair housing law.
• Expand local fair housing enforcement capacity.
• Maintain and augment local fair housing education and outreach capacity.

As with previous applications for federal funding, the City provided certification this year that the grant application submitted to the U.S. Department of Housing & Urban Development by the Champlain Valley Office of Economic Opportunity is consistent with the City’s Consolidated Plan.

The Community & Economic Development Office actively encourages affirmative marketing of HOME-funded units. Recipients of HOME funds must try to provide information to and otherwise attract eligible persons from all racial, ethnic and gender groups in the housing market area. All correspondence, notices and advertisements related to HOME funds must contain either the Equal Housing Opportunity logotype or slogan. Participants in the HOME program are required to use affirmative fair housing marketing practices in soliciting renters or buyers, determining their eligibility, and concluding all transactions. In addition, owners of HOME-assisted housing must comply with the following procedures:

• Any advertising of vacant units must include the equal housing opportunity logo or statement. Advertising media may include newspapers, radio, television, brochures, leaflets or be simply a sign in a window;
• Outreach is expected to community organizations, employment centers, housing agencies, social service agencies, medical centers, schools and municipalities;
• Owners must maintain a file containing a record of all marketing efforts, e.g., copies of newspaper ads, copies of letters, etc.

Continuum of Care

The City has a very active Homeless Alliance (Continuum of Care) which meets monthly and covers the greater Burlington metropolitan area. It has existed since the late 1980s. The City sends a representative to the monthly Continuum meetings. The Alliance was awarded $766,163 in the last round of HUD’s Continuum of Care Super NOFA, and applied for $758,015 in the current round. Continuum services are delivered through a consortium of nonprofit organizations, housing developers, and the Burlington Housing Authority. Continuum nonprofits are funded through a combination of federal, state, local, private and United Way funds. In this program year, the City provided CDBG grants for a number of local Continuum programs; information on those grants can be found under the “Protecting the Vulnerable” affordable housing priority section of the CAPER.

Burlington was the first city in New England, and the first small city in the nation, to develop a 10-Year Plan to End Homelessness. The Plan outlines a series of steps designed to make permanent housing available to everyone (including the chronically homeless), affordable and in a form appropriate to their needs, with services also available to ensure stable tenure.

This year, we did see a number of advances on 10-Year Plan action items. Members of our Continuum of Care worked diligently with the Agency of Human Services to pass H.449, a bill which expands services to those youth transitioning out of state custody through age 22. A new transitional housing project for women exiting the corrections system, called Northern Lights, is complete and beginning occupancy. Another transitional housing project, for victims of domestic violence, is in the predevelopment stage. This project will provide 12 new units for those who are at less risk from their abusers and therefore can afford lessened confidentiality in a new housing situation.

An Offender Re-entry Housing Plan in Burlington ensures that offenders are not discharged early without a housing plan. Our local correctional facility and probation and parole office have entered into a Memorandum of Understanding with the Burlington Housing Authority to work together to ensure that housing is available upon release. In addition, prior to exiting prison, inmates are already engaged in the housing search, obtaining proper identification and applying for mainstream resources, such as food stamps. The Department of Corrections (DOC) has also implemented case planning services called Offender Responsibility Planning (ORP). The purpose of this is to ensure that designated offenders receive high quality case planning services (Offender Responsibility Planning. This plan provides opportunities for victim input and participation if the victim is interested, provides opportunities for community involvement, connects offenders to appropriate resources, builds upon offender strengths and assets, and requires case co-management for incarcerated offenders.

Continuum action plans for the upcoming year include:

• Implement a “Hard to House Initiative” that will convert 10 Champlain Housing Trust units (20 beds) into service-enriched permanent housing for hard to house families.
• Develop an advocacy plan to increase funding to provide additional support services to households in permanent housing with complex issues beyond 6 months.
• Increase private prevention fund resources by 10% to shore up precariously housed families.
• Collaborate with VT Legal Aid, COTS, CVOEO and other continuum agencies to develop an Early Intervention Plan for persons in permanent housing on the brink of homelessness that will include financial education, back-rent assistance and additional legal support services
• Implement a required case management plan for families receiving Family Unification Vouchers.
• Apply for SAMSHA funds to support homeless persons in permanent housing beyond 6 months who have complex mental health and substance abuse issues.
• Work with the State to increase eligibility under the General Assistance Back Rent program to provide individuals in permanent housing with the financial support necessary to sustain housing during a period of crisis.
• Collaborate with Opportunities Credit Union and the Federal Credit Union to develop a financial training program for homeless individuals and families before they move into permanent housing
• Propose that the State Qualified Allocation Plan (QAP) require 10% of all units in any tax credit development be dedicated to permanent supportive housing
• Pursue Veterans funding to create transitional housing similar to the privately funded COTS Smith House, which has a 65% success rate of moving chronically homeless individuals into permanent housing.
• Train 10 case managers to utilize the new online Directory of Affordable Housing resource to find permanent housing for consumers
• Expand affordable housing opportunities for CRT eligible individuals leaving state hospitals through newly developed “Recovery Housing”.
• Hold a Housing Summit with Chittenden County housing managers to explore supportive housing models that could lead to new permanent housing opportunities for homeless and marginally housed individuals and families.
• Continue to increase percentage of homeless persons employed at exit through collaborative efforts with Department of Labor and VocRehab Vermont.
• Continue to pursue increased funding for state Back Rent Program through advocacy.
• Continue to advocate for increased funding for state homeless programs, so HUD McKinney/Vento funding can be used for permanent supported housing.

Lead Paint

The City manages a 42-month $1,567,019 Lead-Based Paint Hazard Control grant from HUD which ends in March 2007. (The City has applied for another grant to continue funding, which HUD will announce by October 1, 2006). With this funding, the Community & Economic Development Office has developed the Burlington Lead Program and has accomplished the following:

• Reduced lead-based paint hazards in 90 low-income housing units housing children
• Enrolled another 24 units that are awaiting HUD grant award expected by September 30, 2007.
• Performed risk assessments/lead-based paint inspections in 148 units
• Sponsored 318 community outreach events
• Conducted 25 Essential Maintenance Practices (EMPs) classes to educate 639 property owners and managers about keeping their properties in a lead-safe condition.

The Burlington Lead Program offers the following additional services for free to Burlington residents:

• Lead testing for all resident children under 6
• Home visits to educate tenants about sound cleaning techniques, recommended nutrition and steps to take to reduce lead paint hazards
• Technical assistance for property owners to help identify and contain lead paint hazards
• Use of special HEPA vacuums to help tenants properly clean their homes of lead paint hazards

The Burlington Lead Program is partnering with the Community Health Center of Burlington to test all children under age 6 and educate residents about lead poisoning and the services the City offers. This is accomplished through an aggressive door-to-door outreach and education campaign.

The City's nonprofit housing partners collaborate with the Burlington Lead Program to test the properties they rehabilitate for lead paint hazards and to mitigate lead paint hazards. All owners of multiple unit properties and contractors working on these properties are required to provide evidence that they have taken the Essential Maintenance Practices class to learn about the health effects of lead poisoning, requirements of Vermont’s lead law and lead safe work practices. They also need to provide evidence that they have undertaken EMP work on their rental units. CEDO and the Director of Code Enforcement are in the early stages of developing a local lead paint safety ordinance.

The City continues to undertake the following additional activities to address lead paint hazards in the City's housing units:

• For housing assisted with public funds from the City's Housing Initiatives Program, the Community & Economic Development Office (CEDO) requires a plan for mitigating lead paint hazards in cases where that housing is occupied by children under six years of age.
• CEDO requires all recipients of free exterior paint to participate in a lead paint safety training course offered free of charge by the Lead Program.

The 2001 HUD Lead Safe Housing Rule applies to federally subsidized housing and requires that any loose/deteriorating paint in a housing unit with a child age six years or under must be corrected by appropriately trained maintenance people, and that the unit must subsequently pass a clearance test. With the creation of the Burlington Lead Program, the City has ensured that this potentially serious hurdle for recruiting private landlords to participate in the Section 8 program is overcome. The availability of the Lead Program helps to prevent discrimination against families with young children - a group that already encounters great difficulty in a tight housing market.

Property Standards and HOME Unit Inspections

The City ensures that HOME-funded housing units are in compliance with City code and federal Housing Quality Standards (HQS) at project completion in one of two ways. In cases where an architect is developing the Scope of Work and overseeing construction, we require that the architect certify that the work was performed to all applicable codes. In cases where an architect is not involved, then HOME staff verify that all permits for the new construction or rehab have been closed out.

Subsequent to completion, on-site unit inspections are done to ensure that HOME-assisted units are in compliance with the HQS. All HOME-assisted rental units housing Section 8 tenants and/or managed by one of our non-profit partners are inspected on a periodic basis by BHA. In addition all rental units in the City of Burlington are inspected annually by the inspectors from the City's Code Enforcement Office. Pursuant to a Memorandum of Understanding between the City of Burlington and the Burlington Housing Authority (BHA), the City's minimum housing code is considered to be substantially equivalent to HQS. HOME-assisted units in private homes which are not occupied by Section 8 voucher holders are inspected by CEDO housing staff. As these private properties are invariably less than 5-unit buildings, they are inspected every three years.

The results of non-CEDO on-site inspections are gleaned from BHA's quarterly inspection reports which contain the tenant name, address, unit #, move-in date, inspection date, landlord and Pass/Fail determination of almost every unit managed by one of our HOME landlords. Any units with a status of "Annual Fail" are routinely found to pass upon re-examination. The “Re-exam Pass” status most often appears in the same quarterly report as the “Annual Fail”. In those few instances where it doesn’t, our experience has been that it appears in the next report. This office receives the report via e-mail every quarter directly from BHA.

Public Housing

Page last updated April 04, 2008