Housing for All:

Western Center on Law & Povertys

Affordable Housing Manual

April 2017

Edited by
S. Lynn Martinez &
Madeline S. Howard

Made Possible With Support From

 Housing for All: Western Center on Law & Povertys Affordable Housing Manual

This Manual is for all housing advocates, grassroots organizers and community members who
believe that clean, decent, safe and available affordable housing is a right for every human. After
joining the legal services community in 1989, I was amazed atand overwhelmed bythe
number of planning and advocacy tools available to local advocates. I also was frustrated by the
absence of a user-friendly compendium that would guide effective utilization of these tools. This
Manual is the result of a long-term desire to provide an easy-to-understand, comprehensive
approach to increasing the supply of affordable housing in our communities.

This Manual is fondly dedicated to the memory of Rev. David Burgess (19172008), co-founder
of the Affordable Housing AffiliationBenicia and housing advocate extraordinaire.

Lynn Martinez
Western Center on Law & Poverty
Co-Editor, January 2017

Defending tenants facing eviction in Californias high opportunity areas is something like trying to
catch a tidal wave with a teaspoon. You can prevent some evictions, but the lack of affordable
housing means that even the wins are short-lived. With many low-income tenants paying more
than half of their income towards rent, vulnerable families are always on the brink of
displacement. I hope that this Manual will provide tools for advocates to make long-term, far
reaching changes in their communities so that we can fulfill the goal of safe, integrated, affordable
housing for all.

Madeline Howard
Western Center on Law & Poverty
Co-Editor, January 2017

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 Acknowledgements

Western Center acknowledges with gratitude the generous in-kind support of

Manatt, Phelps & Phillips, LLP, which made the development and publication of
this Manual possible.

This Manual was also made possible by the generous financial support of the
Bank of America Foundation.

Western Center also wishes to thank the following individuals for their tireless work
on this Manual:

Catherine Bishop, Jean Blanchard, Craig Castellanet, Laura Chiera, Deborah Collins,
Aleric Degrafinried, Nichol de Guzman, Navneet Grewal, Meghan Haswell, Marvin Katzoff,
Michel Kim, Deanna Kitamura, Andrea Luquetta, Michael Moynagh, Michael Rawson,
Richard Rothschild, Richard Schirtzer, Eric Shultheis, Jay Smith, Greg Spiegel, Mona Tawatao,
Ryan Wells, and the great team at Manatt, Phelps & Phillips, LLP: David Elson, Robert Eller,
Sue Shelton, Allen Riberdy, Max Gaertner, Tom Muller, Matthew Dombroski, Randall Keen,
Susan Hori, Bryan LeRoy, Roger Grable, Scot Fishman and Alexis Wesley.

Disclaimer: Although Western Center on Law and Poverty strives to ensure that the information
contained in this Manual is accurate and up-to-date, we make no warranties in that regard.
Frequent changes in this area of the law can render some sections out of date. This Manual is not
intended to be a substitute for independent legal research.

Copyright 2017 Western Center on Law & Poverty, All rights reserved. Permission is granted
to copy and share this publication with LSC- and IOLTA-funded organizations. For other
permissions, please contact us at mhoward@wclp.org.

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Table of Contents

Part I: Getting Started: The Advocates Role

Chapter 1: OverviewPlanning for Affordable Housing 1.1

I. Why is it important to plan for affordable housing? 1.2
II. Why Use This Manual? 1.8
III. The Advocates Role in Planning 1.12
A. Working with Community Organizations 1.13
B. Increasing Funding Opportunities 1.13
C. Ensuring Legal Compliance 1.13

Chapter 2: Local GovernmentThe Players and Planning Process 2.1

I. Local Government: The Players 2.2
A. The Local Planning Agency 2.4
B. The Planning Commission 2.6
C. The City Council/Board of Supervisors 2.6
D. The Redevelopment Agency 2.7
E. The Housing Authority 2.9
II. Local Government: The Process 2.9
A. Agendas and Minutes 2.9
B. Staff Reports 2.10
C. Public Hearings 2.11

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Chapter 3: The Advocates Role in the Planning Process 3.1

I. Planning and How it Impacts Affordable Housing 3.2
A. The Benefits of Advocacy in the Planning Process 3.3
1. Advocacy can increase the supply of affordable housing 3.3
2. Advocacy brings local expertise to the planning process 3.3
3. Advocacy educates elected officials, government agency staffers, and
community residents 3.4
4. Advocacy creates a record 3.4
5. Advocacy builds power for an organization or community 3.4
II. Overcoming Barriers to Advocate Participation 3.5
A. Calendar time for policy work 3.5
B. Find appropriate funds for policy work 3.5
C. Use this Manual 3.6

Chapter 4: Preparing for Successful Advocacy 4.1

Step I: Documenting the Demand for and Supply of Affordable Housing
in the Community 4.2
A. Conducting an Affordable Housing Assessment 4.3
B. Evaluating the Need for Affordable Housing 4.3
Step II: Identifying the Plan and Responsible Agency 4.5
Step III: Understanding the Planning Process 4.6
A. Compile and Review the Planning Documents 4.7
B. Who are the Decision-Makers? 4.8
C. What Advocacy Strategy Will Influence the Decision-Makers? 4.8
1. Determining How to Influence the Decision-Maker 4.9
Step IV: Choosing Your Advocacy Strategies 4.10
A. Testimony at a Public Hearing or Meeting 4.11
1. Working With Stakeholders With Shared Self-Interests 4.11
2. Knowing What is on the Agenda 4.12
3. Getting Your Issue on the Agenda 4.12
4. Obtaining Minutes, Resolutions and Other Documents From Prior Meetings 4.12
5. Getting Copies of Documents Relevant to the Upcoming Meeting 4.13
6. Testifying for the Record 4.13
B. Direct Membership on Appointed or Elected Planning Bodies 4.15
C. Participate on a Working Group 4.15
D. Additional Strategies Outside the Formal Planning Process 4.16

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Chapter 5: Using the Census Bureaus Webpage: A Hands-On Guide 5.1

I. The Bureau Website 5.3
II. Using Available Census Data 5.4
A. Steps to Access Census Block and Census Tract Data 5.4
B. Other Data Sources 5.7
III. Third-Party Mapping Applications 5.7
A. Mapping Applications 5.8
B. Secondary Sources 5.9

Chapter 6: Public Access to Government Documents 6.1

I. Purpose 6.2
A. The Freedom of Information Act 6.2
1. Entities Subject to the FOIA 6.6
B. The California Public Records Act 6.7
C. Entities Subject to the CPRA 6.10
D. Effective Use of FOIA and the CPRA 6.10
1. General Research 6.10
2. Pre-litigation Research 6.11
3. A Supplement to Discovery 6.11
4. Using FOIA and the CPRA 6.11
5. Agency Fees for Compliance with FOIA and CPRA Requests 6.14
E. Dealing with Public Records Problems 6.15
1. Informal Techniques 6.15
2. Litigation 6.16

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Part II: Californias Affordable Housing Plans

Chapter 7: Housing Element Law 7.1

I. What is Housing Element Law? 7.2
II. Housing Element Law is Useful for Advocates 7.3
III. The Housing Element is a Mandatory Element of the General Plan 7.4
IV. The Housing Element Revision Process 7.5
A. Deadlines to Revise the Housing Element 7.7
B. Contents of the Housing Element 7.7
1. An Analysis of Existing and Projected Housing Needs 7.7
2. A Site-Specific Land Inventory 7.7
3. An analysis of governmental constraints to residential development
for all incomes 7.8
4. A program to identify adequate sites 7.9
5. A program to make sites available for lower income housing by right 7.9
6. A program to zone sites to accommodate any lower income RHNA not
accounted for in the prior planning period 7.9
7. A Program to address, and where appropriate and legally possible, remove
government constraints to affordable housing 7.9
8. Programs to conserve and preserve existing private market and subsidized
affordable housing 7.10
C. HCD Review and Advocacy 7.12
D. Annual Reporting 7.14
V. Enforcement 7.14
VI. Related Legal Tools 7.15

Chapter 8: Redevelopment Plans (coming soon) 8.1

Chapter 9: Relocation Plans (coming soon) 9.1

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Part III: The Federal Planning Documents

Chapter 10: Overview of Federal Planning Programs 10.1

I. Purpose 10.2
II. Overview of Federal Housing Programs 10.3

Chapter 11: Consolidated Plan 11.1

I. History 11.2
II. Legal Overview 11.2
III. Federal Dollars in Your Community: Funds Included in the Con Plan 11.4
A. HOME: The HOME Investment Partnerships Program 11.4
1. Who are the HOME players? 11.5
2. What Can HOME Funds Be Used For? 11.6
B. Housing Trust Fund (HTF) 11.8
C. Community Development Block Grant (CDBG) 11.9
1. Who are the players? 11.10
2. What Can CDBG Be Used For? 11.12
a. All Eligible Activities Must Meet the CDBG National Objectives 11.12
b. Eligible Activities 11.12
D. The Emergency Solutions Grants Program 11.13
1. Who are the players? 11.14
2. What Can ESG Funds Be Used For? 11.14
E. Housing Opportunities for People with AIDS (HOPWA) 11.15
1. Who are the players? 11.15
2. What Can HOPWA Funds Be Used For? 11.16
a. Used to Prevent Homelessness and Provide Supportive Services 11.16
b. Eligible Activities 11.16
IV. Californias Fiscal Year 2016 Allocations 11.17
V. The Framework of the Consolidated Plan 11.17
A. Public Participation 11.18
1. Citizen Consultation 11.19
2. Citizen Participation Plan 11.21
B. The Draft Con Plan 11.22
1. Housing Needs in the Community 11.22
2. Homelessness 11.23
3. Other Special Needs 11.24

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4. Domestic Violence Issues 11.24

5. Lead Based Paint 11.24
6. Housing Market Analysis 11.25
a. Subsidized Units 11.25
b. Public Housing 11.25
c. Special Need Facilities and Services 11.26
7. Barriers to Affordable Housing 11.26
C. The Strategic Plan 11.29
D. The Annual Action Plan 11.31
E. Certifications and Sub-Plans 11.32
F. The Final Consolidated Plan 11.33
G. Con Plan Amendments 11.33
H. Consolidated Annual Performance Evaluation Report (CAPER) 11.34

Chapter 12: Public Housing Authority Plans 12.1

I. Introduction to Public Housing Plans 12.2
A. Overview and Purpose 12.2
B. Legal Overview and Structure of the Plan Process 12.3
II. Five-Year and Annual Plans 12.5
A. Five-Year Plan 12.5
B. Annual Plan 12.5
III. Program Specific Plans 12.7
A. Section 8 Administrative Plan 12.7
B. Public Housing Admission and Continued Occupancy Plan (ACOP) 12.8
C. Plan for Designation of Public Housing for Elderly and Disabled 12.10
IV. Plans to Demolish, Revitalize and Privatize Public Housing 12.11
A. Demolition and Disposition 12.11
B. HOPE VI 12.13
C. Rental Assistance Demonstration 12.13
V. The Family Self Sufficiency Action Plan 12.15

Chapter 13: Section 3 Plans 13.1

I. Purpose 13.2
II. Responsibilities of the Recipient 13.3
III. Current Issues in the Section 3 Program: HUDs Proposed Rule 13.4

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Chapter 14: Homelessness Plans (coming soon) 14.1

Chapter 15: Assessment of Fair Housing (coming soon) 15.1

Part IV: Appendices

Appendix A: Local Housing Analysis A.1

Appendix B: Sources of Housing Data and Analyses B.1
Appendix C: Conducting a Power Analysis C.1
Appendix D: Tips for Conducting Private Meetings with Decision-Makers D.1
Appendix E: Sample Community Benefits Agreement E.1
Appendix F: Sample Public Records Requests F.1
Appendix G: Sample Public Comment Letter on Housing Element G.1
Appendix H: Sample Citizen Participation Plan H.1
Appendix I: HUDs Consolidated Plan Checklist (Entitlement Jurisdictions) I.1
Appendix J: HUDs Consolidated Annual Performance and Evaluation Report
(CAPER) Checklist J.1
Appendix K: Annual Plan Checklist K.1
Appendix L: Sample Comment Letter on Administrative Plan and Admissions
and Continued Occupancy Policy L.1
Appendix M: Public Housing Authority Plan Timeline M.1
Appendix N: Housing and Land Use Glossary N.1