Posted by: John Henneberger | July 14, 2009

Bo McCarver’s weekly housing news compilation – 7/14/2009

Slowly the nation realizes that banks are not in the business of financing mortgages but rather the business of making money – a lot of money. And refinancing risky mortgages and even new, solid ones does not generate enough cash to spark their interest.

One alternative, a nationalized banking system, looms closer as government returns to its traditional role of supporting unprofitable public works. Another tactic is to let the foreclosures fall as they will and return to the days when renting was the norm and homeownership was rare.

For a pdf version of the full articles, plus contextual stories in social, economic and legal areas, contact Bo McCarver at bmccarver@austin.rr.com

At Current Rate, Nine Million Homes Face Foreclosure by 2012

By Mary Kane   Washington Independent July 13, 2009

The time may be ripe for a shift in strategy as the foreclosure machine grinds on, and new foreclosure notices reach the troubling milestone of 10,000 per day.

A weak economy has added job losses and falling home values to the mix of toxic loans that prompted the crisis two years ago, making an already difficult situation even more severe. Government measures from foreclosure freezes to loan modifications have only served, so far, to stall the inevitable – and to create an ominous backlog of millions of pending foreclosures. Plus, more than one in five homeowners now owe more on their mortgages than their homes are worth, according to the real estate website Zillow.com. No one can predict with assurance whether those underwater homeowners will keep paying on their loans, or take a walk.

Tight Mortgage Rules Exclude Even Good Risks

By David Streitfeld   New York Times July 10, 2009

BOSTON — Inna Komarovskaya was ready to do her part to revive the economy: She found a “really cute” condo to buy.

Despite a good credit score, a six-figure income and an ample down payment, Dr. Komarovskaya, a recent dental school graduate, could not get a loan. Her mortgage broker told her she ran afoul of new rules requiring two years of sufficient tax returns from some home buyers, instead of only one.

“Everyone says this is a buyer’s market, but they wouldn’t let me buy,” said Dr. Komarovskaya, 30. “It’s not fair.”

From Treasury to Banks, an Ultimatum on Mortgage Relief

By Joe Nocera   New York Times July 10, 2009

Remember that infamous meeting last October at the Treasury Department, the one where then-Secretary Henry Paulson locked the chief executives of the nation’s nine largest financial institutions in a room, and wouldn’t let them out until they agreed to accept billions of dollars in government bailout money — whether they wanted it or not?

O.K., that’s a bit of an exaggeration. But I was reminded of that meeting on Thursday night when I was shown a letter that the administration had just sent out calling for yet another big meeting at Treasury with yet another sector of the financial industry. Signed by Treasury Secretary Timothy Geithner and Shaun Donovan, the housing and urban development secretary, the letter demanded that representatives from the top 25 mortgage servicers assemble in Washington on July 28. It is likely to be every bit as painful for them as that Paulson meeting last October was for the bank C.E.O.’s.

13 Indicted In $100 Million Mortgage Fraud Case

By Lisa Chow   NPR July 9, 2009

Prosecutors in New York have charged 13 people with running a massive mortgage fraud scheme. They say everyone was in on the alleged scheme: lawyers, appraisers and mortgage brokers.

According to the indictment, mortgage company AFG Financial Group, based on Long Island, targeted properties whose owners were starting to default on their mortgages.

Loan servicers deluged by homeowners seeking new terms

By Barry Schlachter   Fort Worth Star-Telegram July 13, 2009

Celina Gallegos of Arlington has taken a second, part-time job on a loading dock but still can’t afford her $930 mortgage payment.

The solution her mortgage company offered? Payments of $1,100 a month aimed at helping her get caught up on back payments.

“My income is about $1,600 a month, and I cannot afford the $930 payments,” she said.

Gallegos is one of a growing number of homeowners struggling to stay in their homes despite recent efforts by the federal government to encourage lenders to work with borrowers and renegotiate terms when possible. A backlog of cases spurred by the Obama administration’s $75 billion Making Home Affordable program has contributed to the crush of borrowers seeking help.

Gallegos, 34, a house cleaner and single mother in Arlington, was facing a foreclosure sale of her home on the courthouse steps Tuesday. It wasn’t until she called the activist group ACORN, which planned a courthouse protest, that Litton Loan Servicing, a division of Goldman Sachs, agreed at the eleventh hour to postpone the sale for 30 days and offered to negotiate a loan modification.

Most of Tarrant sees decline in June home sales

By Sandra Baker   Fort Worth Star-Telegram July 13, 2009

The area around Texas Christian University in Fort Worth and four Arlington neighborhoods were the only sections of Tarrant County that saw gains in single-family home sales in June from a year ago.

Every other area of the county saw declines in sales, though half saw slight-to-healthy gains in median home sales prices.

Southeast Arlington was the hardest-hit area, where home sales dropped 50 percent last month from June 2008, according to the most recent figures from the Real Estate Center at Texas A&M University. Grapevine was next, with a 47 percent decline.

Downtown Fort Worth was unchanged in the number of sales, yet the median sales price rose 93 percent, the highest increase. Kennedale saw the largest decline in the median sales price, which dropped 28 percent to $189,500.

Habitat for Humanity Finds Buying is Cheaper

By Josh Harkinson Mother Jones July 10, 2009

Charlotte, North Carolina, has found a silver lining in the housing crisis:

Charlotte’s Habitat is among the first in the nation to start buying up houses in troubled neighborhoods where up to a third of the homes are vacant due to foreclosure. Average cost: $38,000 to $55,000, less than half the original price.

“We’re getting them as low as $30,000, knowing we’ll put in $10,000 of repairs,” said Meg Robertson, an associate director with Habitat. “To build a new one is over $60,000 … we’re $20,000 to $30,000 cheaper per home.”

So what about Habitat’s commitment to sweat equity? To having energetic volunteers “build houses together in partnership with families in need?” Robertson told the Charlotte Observer that she thought it was more important to house as many people as possible.

Besides, subdivisions built in the boom are already falling apart on their own or at the hands of vandals, so there should be plenty of sweat required to restore and maintain them.

[End of story]

Land banks gain popularity as way to fight urban blight

By Kathleen Gray   USA Today July 13, 2009

In downtown Flint, the historic Durant Hotel sat empty for more than 30 years until a financial tool led to its current $30 million renovation.

That tool is the land bank, an idea gaining national attention for its positive impact on urban blight and abandonment at a time when most cities are dealing with more foreclosures.

Instead of selling abandoned or foreclosed structures at auction, the city or county creates a land bank of properties. Some homes are fixed up and sold. The worst of the homes are demolished, and the land is then sold to nearby homeowners or developers, explains Genesee County (Mich.) Treasurer Dan Kildee, who started that county’s land bank.

City design guide seen as threat to transit measure

By Mike Snyder   Houston Chronicle July 8, 2009

Fallout from the long-dormant Ashby high-rise development emerged Wednesday as a potential obstacle to the city’s effort to promote walkable, urban-style development along Metro’s planned light-rail lines.

Neighborhood opposition to the Ashby project, a planned 23-story mixed-use tower whose developers continue to await a permit almost two years after they first applied, inspired changes to an obscure city document known as the Infrastructure Design Manual. The changes include a review process intended to prevent high-density developments from worsening traffic congestion on surrounding streets.

Developer plans new community south of Avery Ranch

Land bought near commuter rail line at foreclosure sale planned as $250 million mixed-use project.

By Shonda Novak   Austin American-Statesman July 9, 2009

Within a few years, residents of Avery Ranch could have more than 2,000 new neighbors to the south.

Developer Bob Wunsch said Wednesday that he plans to build a $250 million project with about 700 homes and townhomes, two shopping centers and, possibly, an assisted-living or nursing-home facility on 178 acres near Lakeline Mall. International Bancshares is his partner in the project.

Local housing industry observers say the move is a sign that the housing market might be turning around.

Increase in FEMA funding saves millions locally

By Leigh Jones Galveston County Daily News July 9, 2009

Officials throughout Galveston County are breathing a sigh of relief now that the federal government has agreed to pay for 90 percent of the damage caused by Hurricane Ike.

Funding for the increased contributions was part of the supplemental appropriations bill approved by Congress and signed by President Barack Obama two weeks ago.

Until then, local officials expected to be on the hook for 25 percent of the storm repair costs.

The increased federal funding will save taxpayers throughout the county about $17 million and save some area governments from putting off repairs they couldn’t afford before.

Homelessness in suburbs, rural areas increases

By Wendy Koch USA TODAY July 11, 2009

As the recession took hold last year, homelessness shifted toward rural and suburban areas and gripped a growing number of families, the U.S. government reports today.

The number of homeless people receiving shelter, 1.6 million, was largely unchanged from 2007, but the number of those in families rose 9% from about 473,000 to 517,000, according to the Department of Housing and Urban Development report. The figures are for the fiscal year ending Sept. 30.

The number of homeless people in rural and suburban shelters jumped sharply: 32% of all people in shelters compared with 23% in 2007.

I haven’t discussed it much yet, but there’s a lot to be said about the new Low Income Housing Tax Credit Exchange Program (TCEP) recently authorized by the federal government. One of the things that needs to be said immediately is that as the state begins to structure how it is going to operate the program it needs to be careful to prevent the program from  becoming a financial windfall to developers that deprives the program of funds to build more affordable housing.

I’m not going into a lot of detail here about the TCEP. I’ll be talking a lot about it a lot in coming weeks. But I do want to lay down my marker regarding considerations for Texas Department of Housing and Community Affairs (TDHCA) should be taking to operate the program in a financially prudent manner.

TDHCA will be in a position to determine how much of a developer’s fee LIHTC housing developers are allowed to collect. In prior years, large urban LIHTC development had the potential to allow a developer to collect a $2 million-$3 million fee.

Under the TCEP program TDHCA is basically baling developers out who were unable to sell tax credits into the private market because of the recent financial downturn. A number of developers with pending applications had counted on receiving $.75 on the dollar or more by selling their housing tax credits. But nowadays nobody is buying tax credits. So the TCEP program allows TDHCA to sell the tax credits that are turned back into the state housing agency by private developers to the federal government. This is instead of private developers having to continue the fruitless effort to sell the tax credits into the private sector and the housing tax credits eventually being lost because they cannot be sold.

Once TDHCA recovers the tax credits from a developer whose application cannot go forward, TDHCA needs to carefully consider the public interest in how it utilizes these recaptured tax credits. TDHCA should not move forward under an assumption that it has a moral obligation guarantee high profit margins of housing developers who cannot make their deals work because of the current financial situation. The  state agency’s moral obligation is to maximize the effective use of the public funds and to create the highest quality and most affordable housing that it can with the limited public tax credit resources.

Therefore, TDHCA needs to tell the developers returning tax credits that it is not going to give them the same level of developer fees that were built into their applications many months ago before the current financial crisis. The economic realities of the country and the economy of the development industry has changed in profound ways. Profits that were available to housing tax credit developers two years ago should not be guaranteed by the government.

I would favor that the developer fees paid under the TCEP program be capped at a reasonable profit level of 5% to 10%. I know that’s going to make some developers scream, but that’s plenty of profit to continue to attract developers to continue to participate in the program.

The taxpayers money should not be doled out by a state agency to guarantee housing developers profits at levels that ignore the current economic reality.

Posted by: John Henneberger | July 12, 2009

It is not a proposal to build a toxic waste dump for Pete’s sake!

I came across this sign today in Austin providing a “public notice” regarding an application to build housing for the elderly. The absurdity of the extent to which state law in Texas requires notification of the public regarding proposed housing developments utilizing low income housing tax credits struck me as absurd.

The state law requiring signs like this should be repealed.

The state law requiring signs like this should be repealed.

I have pointed out previously that low income housing is one of the few activities that a private developer can undertake in the state of Texas that triggers public signage and notification processes. You can drill a gas well next door to somebody’s house and you don’t have to put up a sign to notify them in advance. And what, will somebody please tell me, is it that these notification requirements concerning affordable housing are protecting the public from?

The truth is that the signage requirements represent an official expression that the State of Texas believes that there is something for surrounding property owners and the public at large to fear from low income housing. Otherwise, what is the point of providing this extraordinary level of public notification?

Do homeowners living adjacent to this proposed elderly housing development need to live in fear that old ladies with walkers will threaten the peace of their neighborhood? Are not the protections of city ordinances and zoning powers supposed to control proposed development? If so, why is this extra level of notification necessary for affordable housing?Why are these notices required only of developments financed through the Texas Department of Housing and Community Affairs? Why are not privately financed housing developments required to provide the public the same type of notices?

As part of the sunset review process of TDHCA these inflammatory, unnecessary and absurd public notification provisions should be repealed.

Posted by: John Henneberger | July 9, 2009

Photos and costs of FEMA’s temporary housing units released

At yesterday’s hearing on the future of FEMA disaster housing before the House Homeland Security Committee the committee staff produced an interesting exhibit. It shows the various models of housing that FEMA has either purchased of is testing through the Katrina Cottage demonstration program. It is reproduced in part below.

As I blogged about a couple weeks ago, there is clearly a lot of improvement that is needed to make these structures into anything more than temporary housing.

Leveraging temporary post-disaster housing into permanent housing is essential to a rebuilding strategy for lower-income families. Whatever housing is provided to lower-income families on a temporary basis will likely represent a large portion of the total amount of government funds allocated to meeting those families’ total — temporary and permanent housing needs. We have seen in the wake of the past three hurricanes to strike Texas that we are unlikely to get enough HUD funds (or to secure local political support to spend enough of the available funds for housing) to completely rebuild the pre-disaster housing of all lower income survivors. Therefore, these rather large FEMA temporary housing investments should be leveraged as the platform for permanent rebuilding.

The $61.815 Heston model in the picture below is the one being deployed in Texas under contract with FEMA. Clearly none of these temporary housing solutions will provide a permanent housing solution.

Microsoft PowerPoint - Slides [Compatibility Mode]

Posted by: John Henneberger | July 7, 2009

Bo McCarver’s weekly housing news compilation – 7/7/2009

The word-on-the-street is that “things are going to get worse before they get better:” a massive wave of foreclosures looms as banks get tough on defaults. A new study indicates there’s not enough profit in restructuring mortgages for banks to engage in the practice.

Meanwhile, homeless shelters are brimming with families evicted by landlords who waited until the school year was over before giving final notices.

For a pdf version of the full stories, plus contextual articles in economic, social and legal issues, contact Bo McCarver at bmccarver@austin.rr.com

Did Homeowners cause the Great Recession?

By Joel Kotkin   NewGeography June 29, 2009

The person who caused the current world recession can be found not on Wall Street or the city of London, but instead could be you, and your next-door neighbor–the people who put so much of their savings and credit to buy a house.

Increasingly, conventional wisdom places the fundamental blame for the worldwide downturn on people’s desire–particularly in places like the U.K., the U.S. and Spain–to own their own home. Acceptance of the long-term serfdom of renting, the logic increasingly goes, could help restore order and the rightful balance of nature.

Another wave of foreclosures is poised to strike

By Don Lee   Los Angeles Times July 4, 2009

Reporting from Washington — Just as the nation’s housing market has begun showing signs of stabilizing, another wave of foreclosures is poised to strike, possibly as early as this summer, inflicting new punishment on families, communities and the still-troubled national economy.

Amid rising unemployment and falling home prices, mortgage defaults have surged to record levels this year. Until recently, many banks have put off launching foreclosure action on the troubled properties, in part because they had signed up for the Obama administration’s home-stability plan, which required them to consider the alternative of modifying loans to make it easier for borrowers to make payments.

Just how big the foreclosure wave will be is unclear. But loan defaults are up sharply. And with many government and banks’ self-imposed foreclosure moratoriums expiring, the biggest lenders indicate that they are likely to move more aggressively to clear up a backlog of troubled mortgages.

Lenders avoid redoing loans, Fed concludes

Study cites lack of profit in aiding the distressed

By Jennifer McKim   Boston Globe July 7, 2009

Mortgage lenders don’t try to rework most home loans held by borrowers facing foreclosure because it would probably mean losing money, a study released yesterday by the Federal Reserve Bank of Boston concludes.

The Boston Fed’s findings suggest the Obama administration’s major effort to solve the foreclosure crisis by giving the lending industry $75 billion to rewrite delinquent loans to more affordable levels is not likely to work.

One of the study’s coauthors, Boston Fed senior economist Paul S. Willen, said the government would be better off giving the money directly to struggling borrowers to help them with their payments, rather than to lenders that are averse to working out the troubled loans.

“Loan modification is not profitable for lenders,’’ Willen said. “If it were profitable, they would go out and hire staff.’’

A steady hand for troubled Freddie

Ex-Putnam chief could take reins

By Todd Wallack and Jenifer B. McKim   Boston Globe July 2, 2009

Charles “Ed’’ Haldeman Jr. keeps looking for bigger messes to clean up. Taking the helm of the embattled mortgage giant Freddie Mac fits the billHaldeman – who this week ended his seven-year tenure at Boston’s Putnam Investments – has been recommended by Freddie Mac’s board to be its chief executive, but he must be approved by the company’s US regulator, according to a person knowledgeable about the decision.

Dallas Housing Authority says most challenged payments legitimate

By Kim Horner   Dallas Morning News July 3, 2009

The Dallas Housing Authority’s new chief says the agency can now prove that most of the $20 million in questionable rental assistance payments cited in a 2008 federal audit were legitimate.

After months of examining files, the agency has found documentation to account for all but $978,701.43 of the payments, said MaryAnn Russ, the DHA’s president and chief executive officer.

“This wasn’t evil. This was incompetence,” said Russ, who was hired in January, after the critical audit. “We will repay every penny of it. We’ll probably overpay.”

The audit found that the agency spent nearly $20 million on rental assistance payments to people it did not report to the federal government and some who had either moved or died. The agency also made duplicate payments to landlords.

Beazer Homes payout over predatory lending likely limited

By Kirsten Valle   Charlotte Observer July 4, 2009

A day after Beazer Homes promised to pay $50 million to victims of its predatory lending practices, analysts say the actual payout might not be as hefty — and that not everyone who deserves money will get it.

Some say the Atlanta homebuilder is on the brink of bankruptcy and, if it files, would cease payments to the restitution fund. Even if the company stays afloat, others say, a settlement agreement that bases payments on Beazer’s earnings means the builder is unlikely to shell out the full amount.

How urban can Houston become?

Big changes to our development code loom, but some worry flooding, parking and other problems will follow

By Mike Snyder   Houston Chronicle June 28, 2009

Density hasn’t been kind to Cottage Grove, a small neighborhood with narrow streets, few sidewalks, poor drainage and scarce parking for the owners of its many new homes and their guests.

Like many neighborhoods inside Loop 610, Cottage Grove in recent years has experienced a flurry of construction of large townhomes that loom over 80-year-old cottages next door. Two or three dwellings crowd sites where one house stood previously. Streets are cluttered with vehicles parked every which way. Water stands in the streets after heavy rains.

“It was shocking to see this jewel of a neighborhood in this condition,” said former Pittsburgh Mayor Tom Murphy, a senior fellow with the nonprofit Urban Land Institute who toured Cottage Grove two years ago. “It was about the ugliest thing I’d ever seen, to be honest with you.”

High-rises on hold: What to do with empty lots?

San Francisco Chronicle July 6, 2009

The high-rise boom has gone quiet, and a new challenge faces San Francisco: deciding what to do with land cleared for towers that may not rise for another decade – if at all.

At least a dozen large development sites in the city’s South of Market district now sit empty or covered by asphalt because of the recession. If history is any guide, developers will either leave them fenced off or use them as parking lots.

But there’s another alternative – one that, if successful, could influence cities across the nation.

With ingenuity and a modest investment, San Francisco could breathe life into these voids until the demand for development returns. Some could be landscaped with fast-growing trees and shrubs that offer environmental benefits. Others could display art or offer casual spots for social interaction.

McMansions Out of Favor, for Now

Americans want smaller homes, but will the desire for less square footage outlast the recession?

By June Flecther   Wall Street Journal July 2, 2009

A new study out Monday by the American Institute of Architects shows that Americans have fallen out of love with McMansions. The 500 residential architects surveyed said that only 4% of their clients wanted more square footage in their homes this year, compared to 16% last year.

Hearing on air conditioning at Pleasant Grove apartments postponed

By Laurence Iliff   Dallas Morning News July 6, 2009

Residents of a Pleasant Grove apartment complex said they’d have to sweat out two more days with no air conditioning after a judge ruled Monday to postpone an emergency hearing on the matter.

State District Judge Gena Slaughter said she was concerned about the tenants and felt the matter was urgent. Nonetheless, she ruled that the defendants had not been given enough notice under the law.

Chinese drywall blamed for odors and corrosion in U.S. homes

By Don Lee and Alana Semuels   Los Angeles Times July 4, 2009

Reporting from Los Angeles and Wuhan, China — The final years of the U.S. housing boom and a disastrous series of Gulf Coast hurricanes created a golden opportunity for Chinese drywall manufacturers. With domestic suppliers unable to keep up with demand, imports of Chinese drywall to the U.S. jumped 17-fold in 2006 from the year before.

That imported drywall is now at the center of complaints of foul odors seeping from walls. Hundreds of homeowners, most in Florida, have also reported corrosion to their air conditioners, mirrors, electrical outlets and even jewelry.

State and federal authorities have traced the problems to Chinese-made drywall but haven’t yet fully determined the causes. Some Chinese experts, however, suspect that the culprit is a radioactive phosphorus substance — phosphogypsum — that is banned for construction use in the U.S. but has been used by Chinese manufacturers for almost a decade.

Summer Brings a Wave of Homeless Families

By Julie Bosman   New York Times July 6, 2009

As the school year sailed to a close last month, Arielle Figueras crossed the stage in her cap and gown and proudly accepted her fifth-grade diploma.

The next day, she was homeless.

Arielle, a petite 11-year-old, and her parents, brother and sister packed their belongings and arrived at the intake center for homeless families in the South Bronx. Though they had been fighting with their landlord for months and their gas and electricity had long been shut off, they refused to leave their apartment while school was in session.

“She was graduating, so we had to wait,” Arielle’s mother, Marilyn Maldonado, said. “We just didn’t want to disrupt their routines. We couldn’t do that to them.”

Many New Yorkers view summer as a time for vacations, camp and lazy days at the beach. But city officials have been preparing for quite a different summer ritual: the swelling of the population of homeless families.

I previously blogged about the fate of bills considered by the past session of the Texas Legislature that pertained to the Texas Department of Housing and Community Affairs (TDHCA). But, there were many more bills that related to the housing of lower income Texans that did not impact TDHCA. Here is a complete round-up of all the bills we worked on that we think impacted low-income Texans’ housing.

There is a color coding system to note whether we think a bill will help low-income Texans (first column) and reporting the fate of the bill (last column). If you just want to see what passed look at the bills with green in the right column.

Thanks to Robert Doggett, who did much of the work following these bills this session, for compiling this chart.

Housing Related Bills Given Attention by TxLIHIS*

KEY TO COLORS IN THE FIRST COLUMN

Bills in the first column shaded green are bills we think were good.

Bills shaded with yellow we have concerns about.

* While many more bills were filed and passed that were housing related, only bills that we worked on are listed.

Also, for simplicity, companion legislation is not separately listed (only one version of the bill is described).

Further, various issues were discussed with many offices but did not develop into filed legislation.  For example, issues relating to mobile homeowners were not taken up by the Legislature this session.  These homeowners have limited abilities and remedies, however, legislative offices did not consider these reforms to be a priority.  An estimated 2 million Texans reside in this housing, and Texas accounts for nearly 14 percent of all new manufactured housing shipments in the country.

KEY TO COLORS IN THE LAST COLUMN

Bills in the last column shaded green passed and became law.

Bill with no shading did not pass.

Bills shaded red were vetoed by the Governor.


Bill Number

Author / Sponsor

Brief description

Status

LANDLORD-TENANT BILLS

HB 882

Rep. Eddie Rodriguez / Sen. Eltife

Prohibits utilities from being interrupted unless for repairs, construction or emergency, regardless of how paid.  Allows tenant to go to JP court to get utility restored the same day if illegally cutoff.  (Eliminates need of legal aid attorney having to file suit in county/district court and obtain TRO, etc.)  Bill was agreed.

Signed by Governor

SB 83

(also HB 2577)

Sen. Nelson / Rep. Guillen

Expands right of tenant to terminate lease when non-co-tenant engages in family violence or when tenant is a victim sex assault on the premises.  Bill was agreed.

Signed by Governor

SB 1448

(also HB 1571)

Sen. West / Rep. Thompson

Enables tenants to obtain injunctive relief from JPs to remedy repair issues, and hearing is to be conducted within 6- 10 days.  (Modeled off eviction procedure.  Works for landlords.  Eliminates need of a legal aid attorney having to file suit in county/district court to obtain TRO, etc.)  Bill was agreed.

Signed by Governor

HB 1109

(also SB 716)

Rep. Anchia / Sen. Carona

An agreed fix to an error made last session by landlords in an omnibus bill that unintentionally granted tenants an extra day grace period before late fees could be charged.  Bill rolls the grace period back a day.

Signed by Governor

SB 1715

Sen. West / Rep. Giddings

Requires a smoke detector capable of alerting a hearing-impaired person be installed if requested by a hearing-impaired person.  Bill was agreed.

Signed by Governor

HB 883

Rep. Rodriguez

Eliminates additional lease penalties (“rent concessions”) for terminating early.  [Tenants are reluctant to challenge these in court for fear of paying opposing atty fees, but even the chair of committee acknowledged during the hearing that these provisions are illegal penalties.]

Reported from House B&I. Agreed to leave it there this session.

HB 881

Rep. Rodriguez

Allows a tenant to rescind the lease if the unit shown is substantially different than unit leased (e.g., tenant shown model unit in front of complex, but lease is actually for unit in back of property, less lighting, etc., and never shown unit until get the keys).

Pending in House B&I.  Agreed portion of bill relating to location of unit put in another bill but that bill did not pass..

HB 2824

Rep. Naishtat

Requires appointment of counsel for indigent parties who appeal eviction to county court.

Reported favorably from House B&I, but only enables appointment of pro bono counsel.  No opposition to amended version.

Amended bill placed into SB 408 which was signed by Governor.

HB 2427

Rep. Deshotel

Allowed tenants to terminate for loss of job or violent crime; elimination of “rent concessions”; notice before entry; reporting of debt by landlord to credit reporting agencies; right to cure rent default; reimbursement for landlord’s use of tenant’s utility services.

Assigned to House B&I.  Never seriously considered.

SB 1717

Sen. West / Rep. Y Davis

Prohibits tax credit owners from locking out or threatening to lock out tenants unless through a judicial process or if construction/repair or an emergency is ongoing.  Bill also prohibits owners from seizing personal property unless they earn the right through court or if the tenant abandons the unit.  ONLY applicable to tax credit properties.  Bill, as filed, had no opposition, and favored by Texas Department of Housing and Community Affairs.

HB 3165 laid on table subject to call of chair

SB 1717 passed Senate; passed House as amended with HB 3064 by Bohac

Not signed by Gov but allowed to become law.

HB 524

Rep. Christian

Removes tenant representatives from housing authority boards.

Reported favorably from House UA

HB 3993

Rep. Dutton

Removes protections passed previously to prevent predatory practices in lease-option contracts.

Reported favorably from House B&I

HB 3551

Rep. Bonnen

Shortens eviction timelines (Texas already has one of the fastest eviction processes in the nation).  Amended to merely require certain language be placed in the notice to vacate that was agreed and helpful to landlords and tenants.

Passed House.

SB 1398

Sen. West / Rep. Anchia

Removed city’s right to require permit to lease. Bill was agreed.

Passed Senate, reported from House Border.

HB 1931

(also SB 1869)

Rep. Thompson

Gave Section 8 voucher holders right to judicial review of terminations of assistance.

Pending in House UA.

HB 3261

Rep. Naishtat

Gave tenants notice before change in land use.

Pending in House UA.

AFFORDABLE HOUSING BILLS

HB 2450

Rep Craig Eiland / Sen. Lucio

Bill directs TDHCA to draft rules that would allow the agency to grant assistance (e.g., disaster) without having to clear title on a home whose owner is submitting an application for disaster recovery housing assistance.  (Heir property is often found in low income communities, which is often the ones in need of assistance.  The bill removes a serious impediment to getting help to those that need it most.)

Passed in House;

Passed in Senate as substituted.  (SB 2292 added)

Signed by GOVERNOR

HB 3064

Rep Dwayne Bohac

Bill requires all housing sponsors of multifamily developments who get funds from the state or the feds must submit a quarterly unit vacancy report to TDHCA and that TDHCA must supply that report to members of the Legislature if requested.

Ref. to Urban Affairs; bill language was tacked onto SB 1717 and approved by both chambers

Passed as part of SB 1717

HB 3163

(companion to SB 934)

Rep Yvonne Davis

Creates dedicated funding source for Housing Trust Fund by establishing document recording fee — $10 per document and mandates that funds be sent to TDHCA for purposes identified in statutory language on the Housing Trust Fund

Recommended for Local & Consent

HB 3168

Rep Yvonne Davis

Has TDHCA and GDEM establishing a pilot project to reconstruct or provide temporary housing for persons displaced by a natural disaster, essentially a Grow Homes, Part 2.

Rec. for Local and Consent in House; language tacked onto HB 2450 which was approved by both chambers

Signed by the GOVERNOR

HB 3540

Rep Yvonne Davis

Omnibus bill creating a Texas Housing Independence Campaign, task force, and various programs with multiple agencies designed to move elderly, disabled and homeless from state housing, to independent assisted housing.

Reported from Urban Affairs as substituted

HB 4094

Rep Yvonne Davis

A fair housing bill that creates a Governor’s Fair Housing Council with TDHCA and other state agencies and to be chaired by TDHCA.  Responsibilities include programs reviews and an annual report on the council’s progress.

Rec. for Local and Consent in the House

SB 679

(also HB 2296)

Sen Eddie Lucio

Bill makes substantial changes to the Texas Bootstrap Loan Program by changing award caps and total loan amounts, and sweat equity requirements of the owner-builder

Passed Senate; passed House as amended

Signed by the GOVERNOR

SB 950

Sen Royce West

Creates dedicated funding source for the Housing Trust Fund by establishing a document recording fee ($10) per documents dealing with real property.

PENDING in IGR

SB 2293

Sen. Lucio

Requires annual accounting statements be given to purchasers of homes, when the seller finances the sale of the home.

Ref. to Senate B&C.

SB 2288

Sen Eddie Lucio

Creates a Small Municipality and Rural Area Housing Development fund and program to be administered by ORCA.  Directs TDHCA to work with ORCA in identifying additional available funds for program. Creates a new division within TDHCA to work this initiative, includes language from SB 991, SB 1026, and SB 990, including adding a farmworker housing pilot project.

Passed Senate; Reported from House Border and Intergovernmental Affairs as substituted

SB 2291

Sen Eddie Lucio

Directs TDHCA to create a regional CDC for rural housing as a pilot program and a statewide CDC for migrant labor housing and the latter is to implement the findings from the TDHCA report issued in 2007 on migrant labor housing.

Ref. to IRT

SB 1449

Sen. West / Rep. Deshotel

New procedure established to assist cities to rehabilitate hazardous properties.  Agreed bill.

Passed Legislature.

Signed by Governor.

SB 2292

Sen Eddie Lucio

Creates a natural disaster housing reconstruction council and program of which TDHCA is an integral member both from a staffing and funding aspect.

Passed in Senate; Reported favorably from State Affairs.

Added to HB 2450 which passed and signed by Governor.

HB 2692

Rep. Rodriguez / Sen. Watson

Allows City of Austin to establish inclusionary zoning within one mile of a commuter rail station

Passed by Legislature.

Vetoed by Governor.

COLONIAS BILLS

SB 2253

(also HB 1656)

Sen. Zaffirini / Rep. Guillen

Assists colonias residents with utility connections despite failure of developers to properly plat property.

Passed by Legislature.

Signed by Governor.

HB 2833

Rep. Marquez / Sen. Shapleigh

Building codes applied to unincorporated areas.

Passed the Legislature.

Signed by Governor.

HB 2275

Rep. Raymond / Sen. Zaffirini

Task force to develop standards for subdivisions in unincorporated areas.

Passed by Legislature.

Signed by Governor.

HB 3929

Rep. Guillen

Eliminated limitations on border development which would create more colonias

Reported favorably from House Borders

FORECLOSURE AND LENDING BILLS

HB 80

Rep. Flynn

Enable Texas to regulate credit reporting bureaus

Reported favorably from House PIFS

SB 472

(also SB 439, HB 421, HB 3426, SB 475, HB 3482, HB 1471, SB 979)

Sen. Estes

Foreclosure procedure bills.  Provided better notice, longer opportunity to cure, and other improvements to foreclosure process from borrower’s perspective.

Significant time was expended on these bills – drafting, meetings, negotiations, hearings, etc.

Different versions passed House and Senate.

HB 1760

(also SB 1935)

Rep. Thompson

Extends statute of limitations for lending  claims brought in defense of foreclosure.

Pending in House B&I.

SB 1375

Sen Royce West

Creates the Texas Savvy Homeowner Program for mortgage loans administered by TDHCA or TSAHC.  Program is designed to educate homeowners on re-financing options and is mandatory prior to refi.

Passed Senate; reported favorably from Business and Industry in the House

HB 2675

Rep Yvonne Davis

Bill directs the department to create a foreclosure prevention program that offers information and assistance to homeowners in foreclosure or near to foreclosure due to adverse personal circumstances.  Directs the department to seek federal funding to run the program.

Ref. to Urban Affairs

HB 2761

Rep Trey Martinez Fischer

Bill would direct TDHCA to work with the Finance Commission to develop a foreclosure prevention assistance form that would be provided to all homeowners when they close a loan, when they default, when they receive a delinquent notice, or a right to cure letter.

PENDING in Pensions/Investments/

Financial Services

HB 2308

(also SB 1026)

Rep Yvonne Davis / Sen. Lucio

Essentially creates a single family loan program through TDHCA designed to serve low income families and designed to have extra protections against foreclosure (“Secure Loan Program”).  While legislation did not pass, Texas Department of Housing and Community Affairs favors the program and will attempt to implement it without legislative changes.

Passed in House; reported as substituted from Senate IRT

HB 2309

(duplicate of SB 980)

Rep Yvonne Davis

Creates forms to be filed by mortgage servicers with county clerks to contain information on real property foreclosure sales.  TDHCA is directed to collect and publish the data online

PENDING in Business and Industry

Bill was added to HB 3485 which was passed and then VETOED by the Governor

SB 723

(also HB 3589)

Sen. Lucio

Improved regulation of mortgage brokers

Referred to Senate B&C

SB 722

Sen. Lucio

Required counseling from independent counselor or attorney prior to closing nontraditional mortgage loan for $125,000 or less

Referred to Senate B&C

HB 10

Rep. Solomons / Sen. Averitt

Improved regulation of mortgage originators (required by federal law, but worked to ensure that borrower protections were fully included).

Passed the Legislature.

Signed by Governor.

HB 2694

Rep. Rodriguez

Mortgage servicer duties

Set on House Calendar

HB 3252

Rep. Miklos

Amended prerequisites for liability for violations of the laws related to high-cost home loans

Reported favorably from House PIFS

PROPERTY TAX ISSUES

HB 406

Rep. Rodrguez / Sen Carona

Improved protections for homeowners who lose home to tax (to the government or tax lender), and there are excess proceeds from the sale.

Passed Legislature.

Signed by Governor.

HB 1465

Rep. Paxton / Sen. Wentworth

Tax lien joinders (technical clean up).

Passed Legislature.

Signed by Governor.

HB 2897

Rep. Rodriguez

Tax exemption assistance.  Agreed bill.

Referred to House Ways and Means.

SB 2147

(also HB 4069)

Sen. Patrick

Changed the priority of tax liens consistent with other lienholders

Referred to Senate Finance

CONSUMER

HB 1572

Rep. Thompson

Placed a min statutory penalty for debt collection violations (e.g., threats of wage garnishment)

Pending in House PIFS

HB 3744

(also HB 3304, HB 3021, HB 3772)

Rep. Marquez

Regulation of payday and car title lenders (restrictions on use of credit service organization exception)

Pending in House PIFS

Posted by: John Henneberger | July 6, 2009

An interesting new, on-line look at Texas poverty

The College of Liberal Arts at the University of Texas at Austin has unveiled a very useful and interesting way to learn about Texas government on-line called Texas Politics. The website is described as a “Multimedia Textbook.”

One beta section offers an overview of poverty in Texas.

There is a useful section on colonias within the poverty area that features a couple videos of TxLIHIS co-director Karen Paup discussing the origins and general characteristics of colonias and the basic geographical and financial difficulties confronting colonia residents.

Also of interest in the poverty section are interviews about the nature of poverty in Texas with Eva Luna de Castro of the Center for Public Policy Priorities, who describes wage conditions and some reasons for low wages in Texas. Francis Deviney, also of the Center for Public Policy Priorities, discusses how poverty is defined in Texas and argues for a structural understanding of poverty.

University of Texas Social Work Professor Laura Lein, discusses in a video how poverty exists in multiple dimensions in Texas.

The poverty related videos can be accessed on the Texas Politics poverty section’s multimedia page.

Posted by: John Henneberger | July 5, 2009

Article explores causes of American Housing Foundation collapse

The Austin American-Statesman’s Eric Dexhiemer has a really good background story on the collapse of the American Housing Foundation in today’s paper.

The story attributes the economic collapse to the thin margins that the corporation operated on and the fact that they lost their property tax exemption through a series of unfavorable court rulings.

Dexhiemer reports that, “In the past 15 years, American Housing has received about $53 million worth of income tax credits for 16 projects, according to the Texas State Department of Housing and Community Affairs.”

American Housing also bought 13 apartment complexes across Texas by borrowing $128 million in tax-exempt bonds issued through the Texas State Affordable Housing Corporation (TSAHC). This was one of the factors that caused some Texas lawmakers to demonstrate their dissatisfaction with TSAHC by refusing to allow it to continue in business following a Sunset review of the agency. The Legislature reversed that decision during the special session concluded this week, at least temporarily, by granting TSAHC the ability to continue to operate through September 1, 2011.

Dexhiemer reports that the man behind American Housing Foundation, Steve Sterquell, “distributed hundreds of thousand of dollars in campaign donations to state politicians. A licensed pilot, he ferried some of them around on his private jet. He went on big-game safaris in Africa. Court documents in Amarillo show that he rewarded local private investors handsomely, paying them up to 18 percent interest to use their money.”

Sterquell is reported to have committed suicide April 1.

DeclarationJuly 4, 2009 – I’m grateful and challenged to live in the United States.

We are placed where we are today by historical events. I understand that the power of the Declaration of Independence has placed me where I am today in life. The power I feel from the Declaration is not simply inspirational. I feel the power of the Declaration on shaping what I believe most deeply and on what I feel compelled to do.

The Declaration launched our country on an experiment in self governing democracy. It demands of us that we engage actively in the experiment. If enough of our citizens give up on active engagement in the experimentation, I believe our country will die.

It is easy to superficially embrace the truth of our Declaration’s preamble declaring the self evident truth that all men are created equal. But a truth unseen is no longer a truth that is realized, and the truth of the equality of man is constantly threatened to be buried in the oppression of bigotry and poverty. I believe we are all called on to actively and aggressively fight the forces of bigotry and poverty to ensure that the equal nature of all men remains self-evident and alive in our own time.

The power I feel from the Declaration lies in the way it demands that we use the tool of government to realize the truths about the nature, rights, dignity and freedom of mankind.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

This is not a declaration that says, “Here is this new democratic system of government so sit back, celebrate and enjoy it.” Instead the Declaration pushes us to take action. To secure our rights we instituted this government and we have to actively alter or even abolish it to effect our safety and happiness. To engage with and struggle to shape our government is our ongoing calling.

I feel the special power of the Declaration of Independence to place me where I am today in my life. I see all around me others who feel and act on that power also. We fight against the oppression of poverty and work to perfect our government to positively effect the safety and happiness of the people. We do these things through the power and the duty we were endowed with by the Declaration of Independence.

Posted by: John Henneberger | July 3, 2009

TX State Affordable Housing Corporation granted a reprieve

The Texas State Affordable Housing Corporation (TSAHC) won a reprieve from the Texas Legislature yesterday. The housing agency, along with four other state agencies, failed to be reauthorized during the regular legislative session to continue to operate.

Because TSAHC was up for Sunset review in 2009, the failure of the Legislature to explicitly reauthorize TSAHC during the general session meant that the agency would be forced to close down in a year.

The Legislature reauthorized TSAHC yesterday to operate until September 1, 2011, forcing the agency to go back through Sunset review this interim.

Senate Bill 2, adopted yesterday, provides…

SECTION 1.04.  TEXAS STATE AFFORDABLE HOUSING CORPORATION.   Section 2306.5521, Government Code, is amended to read as follows:          Sec. 2306.5521.  SUNSET PROVISION. The Texas State   Affordable Housing Corporation is subject to Chapter 325 (Texas   Sunset Act). Unless continued in existence as provided by that   chapter, the corporation is abolished and this subchapter expires   September 1, 2011 [2009].

TSAHC ran into trouble during the regular legislative session over its bad judgment in awarding tax exempt mortgage bonds several years ago to a number of newly formed nonprofit organizations. The bonds were used to buy older apartment complexes. The transactions attracted the ire of local elected officials when the projects secured exemption from property taxes.

At the time of the transaction, and subsequently, TxLIHIS was critical of the transaction because we could see no public purpose in the deals and because the transactions did not result in the extent of repairs to these older apartments that were needed. A number of the apartment projects financed by TSAHC have since defaulted on their loans.

TSAHC staff testified that these transactions occurred several years ago and that the agency will not provide this type of financing again.

Yet questions about TSAHC’s lending policies will undoubtedly resurface during the upcoming reexamination by the Sunset Commission. Just last month the American Housing Foundation, a large beneficiary of TSAHC bond finance, declared bankruptcy in the wake of a financial scandal following the suicide of the nonprofit corporation’s leader.

Steve Sterquell, the one-time head of the now bankrupt Amarillo, Texas nonprofit affordable housing corporation American Housing Foundation, gave out nearly $370,000 to Texas elected officials over eight years according to the Amarillo Globe-News. This made Sterquell number 65 on the 2006 list of Texas campaign contributors according to Texans for Public Justice, a campaign watchdog group.

Sterquell died in an April 1 car crash that has been ruled a suicide. Bankruptcy proceedings for American Housing Foundation began in April of this year.

The nonprofit owns 78 apartment projects renting to low-income persons, 52 of which are in Texas. The Amarillo Globe-News has posted a list of the apartments.

This situation raises many questions.

1) Why did a Texas nonprofit housing corporation head give so much in political contributions to Texas state officials?

We will probably never know the true answer, but here is some speculation.

The largest contributions were made to the two most recent Texas Comptrollers. The Texas Comptroller’s office oversees the status of Texas corporations. According to the Amarillo newspaper…

In Texas alone, at least 160 for-profit and nonprofit limited partnerships, limited liability companies and other business entities can be tied to AHF, its office suite at 1300 S. Washington St., to Steve Sterquell or his son, Steve “Sterk” Sterquell II.

Contributions were also made to the Texas Attorney General, the state’s chief civil law enforcement official. It would be up to the attorney general to go after a statewide nonprofit corporation for violation of state law.

The governor and a local state representative also received contributions from Sterquell the paper reports. In recent years the Texas Legislature has dealt repeatedly with the question of property tax exemption for nonprofit Texas housing corporations. The Legislature also makes the ultimate decision on the amount of tax-exempt bond financing available to corporations like American Housing Foundation along with the rules on who the recipients of this state authorized bond financing can rent to as tenants and how much rent the tenants can be charged.

2) Did city and state housing officials exercise due diligence in providing bond and tax credit funding totaling in the hundreds of millions of dollars to American Housing Foundation?

This question has a simple answer is self evident — “no.”

It is clear that something was deeply wrong with the finances at the American Housing Foundation. It is unlikely that this happened overnight.

Each time AHF went to state or local officials seeking housing tax credits or tax-exempt bond financing to purchase another apartment project those officials had an obligation to examine the condition of the borrower (in this case AHF) who was asking for public funds. Whatever process state and local officials used to determine that AHF was creditworthy obviously came up with the wrong answer.

It was common knowledge in the affordable housing world that AHF was an unusual nonprofit.  It has been the subject of rumors and speculation for years. AHF was purchasing properties at a rate far greater than any other Texas nonprofit. Then there is the matter of the corporate airplanes that the nonprofit owned and operated for its executives, and occasionally giving a state official a ride too. I can’t think of another example of a nonprofit low-income housing corporation that maintains a fleet of corporate airplanes. This was no secret. It should have raised flags. But it did not.

Finally, there were the management problems which plagued AHF owned apartments.  My colleague Karen Paup worked, along with the leaders at Austin Interfaith (a grassroots community advocacy organization) to try to get government officials to force AHF to clean up deplorable substandard living conditions at the corporation’s Fairway Village apartment project in Austin. The same government officials who readily handed over millions of dollars in government authorized loans to AHF claimed to have little authority over the nonprofit so far as enforcing minimum housing property standards when the tenant’s health and safety were imperiled.

This tells me that the relationship between government officials and this large nonprofit corporation were, at the least, far too informal. American Housing Foundation is not the only nonprofit or for-profit corporation that enjoys a too trusting and too cozy relationship with public officials overseeing affordable housing programs.

3) What will become of the properties AHF owns and the the low-income tenants who live in the apartments?

Unfortunately, I fear that we know the answer to this question as well.

If the creditors are successful in the bankruptcy proceedings then the nonprofit will lose the housing. In many cases, the rent restrictions, monitoring requirements and long-term affordability covenants the corporation entered into with government housing financing entities will be erased in the bankruptcy.

If the use restrictions are wiped out by bankruptcy one of three things can happen.

  1. If it is in the creditor’s financial interest they might operate or sell the property while maintaining it as affordable housing.
  2. If the property is really nice, and a desirable place to live, then it will likely be worth more if it is operated as market rate housing. In this case the rents will go up and low income tenants will be forced out.
  3. If the property is undesirable, or if the creditor is lazy or incompetent, then the property is likely to be allowed to deteriorate in both its physical condition and its property management. In which case these properties will become a blight upon both the tenants and the surrounding community.

This bankruptcy could not have occurred at a worse time. Because of the current financial crisis gripping the country it is extremely difficult to find financing to purchase multifamily housing. This is doubly a problem for affordable housing. The lack of available capital to allow for the purchase of these apartment projects by new, responsible owners will likely consign many to a path of deterioration and decay.

There are clearly many lessons to be learned from this fiasco.

Posted by: John Henneberger | July 2, 2009

Bo McCarver’s weekly housing news compilation – 6/30/2009

Like a caboose on a wayward train, renters feel the brunt of the ongoing housing debacle. Their plights are largely undocumented by newspapers that cater to real estate advertisers and whose business stories feature flashy developments while glossing-over the grim truths of foreclosures.

In Galveston, FEMA finally responded to Hurricane Ike and placed emergency trailers on the island — but it was too little and too late: hundreds of the shelters sit empty as low-income residents have either left the island or found other shelter.

For a pdf version of the full stories, contact Bo McCarver at bmccarver@austin.rr.com

Renters Hit by Foreclosure Crisis Too

By Martha White   Washington Independent June 26, 2009

While the plight of homeowners affected by the real estate meltdown has been well-documented, renters too often fall under the radar. Although tenants’ advocacy groups credit recently passed national legislation for including some protections, they charge that the new law only scratches the surface.

The number of renters being forced from their homes is on the rise as foreclosures increase. “We’ve seen a mass increase. I would say it’s up by 50 percent,” said Arlene Bradley, housing advocacy director of Housing Rights Inc. in Berkeley, Calif., a group that provides legal advice and counseling to renters in the greater San Francisco Bay area.

Full story at: http://washingtonindependent.com/46844/renters-hit-by-foreclosure-crisis-too

KB Home chief says prices are stabilizing in some areas

Jeffrey Mezger, the CEO of KB Home, says he still sees challenging conditions ahead for builders. The company’s second-quarter revenue dropped 40% from a year earlier.

By Peter Y. Hong   Los Angeles Times June 26, 2009

The head of one of the nation’s largest home-builders said today that home prices are stabilizing in some parts of the country, but ongoing economic woes will continue to challenge the housing market.

KB Home chief executive Jeffrey Mezger said in a conference call with analysts that “in many markets we’re seeing a bottom form on price,” and that in some areas of Southern California where the company sells homes, monthly payments “are lower than rent today.”

The Los Angeles company targets first-time buyers, and in California many of its projects are in the areas hardest hit by foreclosures, where home prices have fallen most dramatically. KB Home’s average selling price for one of its homes fell to $216,200, down 4.6% from $226,600 a year earlier.

The company reported its fiscal second-quarter revenue dropped 40%, to $384.5 million from $639.1 a year earlier.

For the period ended May 31, KB Home’s loss narrowed to $78.4 million, or $1.03 a share, compared with a year-earlier loss of $255.9 million, or $3.30 a share. The company had been expected to lose 63 cents per share, according to a median estimate of 13 analysts surveyed by Bloomberg.

The company ended the quarter with $1.1 billion in cash.

KB Home has cut the size and prices of its homes to compete with low-priced foreclosed homes in many of its markets. Net new home orders were down 31% in the second quarter from the year-earlier period, to 2,910 homes. The total was up 59% from the previous quarter.

[End of story]

City’s home sales off from a year ago

By Chris Van Wagenen   Lubbock Avalanche-Journal June 25, 2009

It’s a tale of two sales and in Lubbock and it’s been all about the mending process since the depths of the recession swept through the Hub City last fall.

The bad news: sales of existing homes fell again in May when compared to figures a year ago. The good news: Lubbock-area Realtors have sold more homes each month since the year began.

Existing home sales down almost 15%

El Paso Times June 28, 2009

EL PASO — Sales of existing homes in El Paso declined almost 15 percent in May compared with sales a year ago, new data show.

Last month, 266 existing homes were sold through the El Paso Multiple Listing Service, down from 312 homes in May 2008, show data from the Greater El Paso Association of Realtors.

The median sales price of existing homes declined 10 percent in May compared to a year ago. The median sales price in May was $124,941, down from $138,841 a year ago.

[End of story]

Smart Growth Bill Vetoed

By Wendell Cox   New Geography June 25, 2009

Texas Governor Rick Perry has vetoed a bill that would have created a state level “smart growth” program. The veto message is below.

June 19, 2009

Pursuant to Article IV, Section 14, of the Texas Constitution, I, Rick Perry, Governor of Texas, do hereby disapprove of and veto Senate Bill No. 2169 of the 81st Texas Legislature, Regular Session, due to the following objections:

Senate Bill No. 2169 would create a new governmental body that would centralize the decision-making process in Austin for the planning of communities through an interagency work group on “smart growth” policy. Decisions about the growth of communities should be made by local governments closest to the people living and working in these areas. Local governments can already adopt “smart growth” policies based on the desires of the community without a state-led effort that endorses such planning. This legislation would promote a one-size-fits-all approach to land use and planning that would not work across a state as large and diverse as Texas.

IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this the 19th day of June, 2009.

RICK PERRY
Governor of Texas

Reference: http://governor.state.tx.us/news/veto/12632/

[End of story]

‘Smart growth’ begins to take root in El Paso

By Gustavo Reveles Acosta   El Paso Times June 30, 2009

EL PASO –For all their brainpower, school districts do not always plan for “smart growth.”

They have built schools on sites that are not connected to the neighborhoods they serve. This has forced parents in dozens of schools to drive their children to class, even though they live just blocks away.

“The cooperation between school districts and municipalities when it comes to developing smart communities has been lacking,” said Nathan Norris of PlaceMakers, an urban-planning firm helping the city develop better growth patterns. “Fortunately, these conversations are taking place now in El Paso, and we should soon see a change in the way our schools are built and designed.”

Mirasol suit: Complex debate over ‘complex designation’

By Carlos Guerro   San Antonio Express-News June 30, 2009

When I saw all the suits in Judge Antonia Arteaga’s State District Court on Monday — with most in spectator seats — I knew the second Mirasol lawsuit would be a doozie, pitting working-class San Antonians against some of real estate’s heaviest hitters.

But the main players were three plaintiff’s lawyers and four for the defense — led by Roger Kirstien, who faced an uphill battle against Frank Herrera’s motion to have one judge consider all the cases.

Mirasol is a 250-home project that the San Antonio Housing Authority contracted KB Home and Magi Realty to develop as affordable housing, some for sale and some for rent.

The 72 homes sold went for $60,000 to $80,000, but complaints arose almost immediately about poor design and shoddy construction, like the use of untreated wood for exterior walls, improperly anchored sole plates and missing felt and vapor barriers. There was also bad shingle work, improperly anchored brick and poorly installed roof decks.

Many FEMA trailers vacant

By Leigh Jones   Galveston County Daily News June 30, 2009

More than three months after it opened, the mobile home park at Schreiber Field in Galveston is still only half full.

And now that more apartments and rental houses are available on the island, the park’s occupancy rate is unlikely to rise, officials with the Federal Emergency Management Agency said.

On Monday, only 27 of the park’s 54 furnished mobile homes were occupied by people displaced by Hurricane Ike, Erica Lopez, a spokeswoman for the agency, said.

After the storm, island officials begged the agency for months to open the park as hundreds of Galvestonians remained in hotels, unable to find any other place to stay.

But when it opened on March 13, only 20 families had agreed to move in.

Founder kept nonprofit’s structure ‘all in his head’

160 firms in Texas can be tied to nonprofit

By Karen Smith Welch   Amarillo Globe-News   June 29, 2009

At the heart of American Housing Foundation lies a tangle of companies wired together to build, buy and run affordable housing complexes.

Like the electrical circuitry of a home, multiple strands power separate projects.

But they run through a primary fuse box, where breakers can trip to isolate an overload and prevent the whole house from burning down.

A tiered network isn’t unusual in nonprofit housing and real estate development, according to legal experts familiar with the process, though none could speak specifically about AHF.

Establishing project-specific groups of companies could assure that “each property stands on its own – and lenders like it that way because they don’t want the property that they are financing to be harmed by its relationship to other projects that might be in trouble,” Dallas attorney Daryl Robertson said.

The one man who could sketch AHF’s blueprint appears to be Steve Sterquell, who died in an April 1 car crash ruled a suicide.

Add-ons vs. scrape-offs

Group pushes for zoning code change to OK carriage houses

Peter Marcus   Denver Daily News June 22, 2009

A group of Denver residents believe the city’s new zoning code should allow for the building of so-called carriage houses.

Following implementation of the old code 53 years ago, city officials did away with residents’ ability to build what are known as accessory dwelling units. The structures carry several different names, including carriage house and granny flats, named so because many families build them to house their aging relatives.

But as city officials are preparing to finalize the new zoning code — a draft was released at the beginning of June — a group called Friends of Granny are pushing for the right to once again build carriage houses.

Vancouver Mayor’s quick fix for homeless a long-term nuisance

Gregor Robertson’s big election promise has become a PR fiasco

By Greg Mason   Vancouver News and Globe June 26, 2009

No one said solving the world’s problems would be easy. Just ask Vancouver Mayor Gregor Robertson.

When Mr. Robertson ran for mayor last fall, he said his top priority was the city’s homeless problem. He’s vowed to eradicate it completely by 2015. His plan is to build lots of social housing – or at least get the province to. Meantime, he’s set up emergency shelters as a temporary measure.

And it’s quickly turning into a PR fiasco.

Seeking solutions to city’s homeless population

By Sara Foley   Corpus Christi Caller-Times June 28, 2009

CORPUS CHRISTI — Joe Duran’s bedroom view is of Corpus Christi Bay. His bed is a concrete step near Memorial Coliseum. He’d rather not talk about the places around downtown that have been his bathroom.

Two years on the street have taught Duran that downtown and uptown Corpus Chrsiti are places he can sleep, eat and drink beer.

For the business owners who shuffle sleeping transients away from their storefronts and pressure-wash the stench of urine off their bricks, the accepted presence of the homeless is a frustrating, escalating price of doing business.

Now, after their complaints reached City Council’s attention, there is an attempt among the businesses and city to at least control the problems.

The Self-Service City

By Timothy Egan   New York Times June 29, 2009

First, they took away the cops parked at key intersections and replaced them with with mounted, overhead cameras. This idea didn’t start in my city, Seattle, but when it turned out to be a revenue-generator, even if it reduced safety, City Hall took to it with a vengeance.

Who needs a human being when you can write ten times as many tickets without overtime pay?

Then, they made us do detailed sorting of our garbage – not just paper and plastic, but all the melon rinds and apple cores favored by compost worms. Fine.

They asked us to put rain barrels under our gutters to collect runoff. Done.

Next up was a plan to force people to haul out their trash from certain city parks. These may be public spaces – the city’s shared living rooms – but the message was clear: you’re on your own.

I get it. And so do my neighbors. This spring, while planting tomatoes and squash in the terraced garden behind my house, I noticed the hillside was full of fellow urban horticulturists ripping up ornamentals to push the edges of their farmlets.

TDHCA_BoardThe Texas Department of Housing and Community Affairs (TDHCA) could not meet to conduct business yesterday because it could not get a quorum of board members. As a result the agency is compelled to schedule an “emergency” board meeting for next Monday at Dallas Love Field.

All of this could have been avoided had Governor Perry followed state and federal law and appointed someone to fill the open TDHCA board seat reserved for a consumer. The consumer seat was recommended by the Sunset Advisory Commission back in 2001. It became a legal requirement shortly after that with the passage of a federal law requiring all government boards acting as public housing authorities (TDHCA being one) to have one representative of public housing residents or Section 8 housing voucher residents be a board member. The requirement that PHAs have a consumer on their board is also a require of state law as well.

Don’t get me wrong. My observations are that Governor Perry has done a generally fine job of picking decent and caring board members for the agency. It just makes sense to me that both for efficiency and for the benefit of a board charged with making decisions about housing programs and policy, the board would be even better with the perspective of a consumer of those housing programs to advise it.

But neither Governor Perry nor Governor Bush before him see things that way. Both refused to name a low-income housing consumer to the board. To fill the seventh TDHCA board seat with someone other than a representative of low-income housing consumers would be a direct violation of the law. So, while the state law says there are supposed to be seven TDHCA board members, there have never been more than six appointed.

Which takes us back to Thursday’s quorum problem. Three board members attended the meeting. If a seventh board member has been appointed and attended today there would have been four board members present to establish a quorum and the meeting could have proceeded.

Instead, there will be next Monday’s emergency board meeting. Department staff, board members and interested members of the public will lose another day of work. The state (taxpayers) will pay thousands of dollars flying people to the emergency meeting in Dallas. All to prevent the governor from having to empower one voice of low-income consumers.

Come on Governor. Do the right thing and make the consumer appointment.

  • Homebuyers buying new houses through a CDC in Brownsville, Texas have an average income of $19,000.
  • Low-income border families, who a decade ago would have bought lots and built homes through their own labor in a colonia, have lately been buying homes from many of the former colonia developers. Lately, these former colonia developers have been selling low-income families a lot and a house with financing through an exploitative subprime loan.
  • The subprime lending problem on the Texas-Mexico border has led to a very large number of home foreclosures among lower-income families.

These are three things that stand out from an interview I conducted with Nick Mitchell-Bennett, Executive Director of the Brownsville Community Development Corporation. In the interview we talked about about the CDC’s work over the past 35 years in providing housing to low income families on the Texas-Mexico border.

Watch the video interview…

A new public opinion poll found that 37 percent Texans say their family’s economic situation is worse than one year ago and only slightly more than half are “very confident” that they can pay the rent or mortgage.

The Third Annual Texas Lyceum Poll, conducted from June 5th-June 12th, 2009, focused on Texans’ attitudes on a variety of social and economic issues. Three out of four said they are registered voters.

Housing and foreclosures tied for second place in the list of the most important economic issues facing Texas today along with health care and immigration (too many people living here illegally). The most important issue was unemployment and the lack of jobs.

When asked about the most important issue facing their family, affordable housing came in relatively high on the list. beating out the cost of education, retirement planning and gas and fuel prices.

Texans surveyed were about evenly divided about the need for increased government regulation of major financial companies.

Here are the detailed results of these questions.

Read More…

Robert Doggett worked on behalf of TxLIHIS during the past session of the Texas Legislature, One of his main focus areas was trying to gain some reasonable protections for consumers facing mortgage foreclosure.

In my first experiment with a diavolg I asked Doggett about what was proposed in the legislative session to deal with consumer protections for mortgage borrowers and what the Texas Legislature passed.

This turned out to be more of a monovolg than a diavolg.

I’m just learning the technologies and techniques of diavolgs so bear with me. They will get better. (At least I’ll know to comb my hair and shave next time).

Posted by: John Henneberger | June 23, 2009

Bo McCarver’s weekly housing news compilation – 6/23/2009

A surge of mortgage defaults is forecasted as the housing industry slowly sinks further into the general recession. The Texas market has been slower to react but now approximates national averages.

A new Harvard study suggests the “echo boomers,” children of baby boomers, will create new market demands and help lift the economy.

For a pdf version of the full stories, plus contextual articles in social, environmental and legal areas, contact Bo McCarver at bmccarver@austin.rr.com.

Worse than subprime? Other mortgages imploding slowly

By Kevin G. Hall   McClatchy Newspapers June 18, 2009

WASHINGTON — Call it son of subprime. Experts warn that a new wave of mortgage foreclosures may be coming soon and could rival the default rates for subprime mortgages and slow efforts to find bottom in a prolonged national housing slump.

The mortgages in question are $230 billion of option adjustable-rate mortgages, creative lending products that flourished at the height of the housing boom. In an option ARM, a borrower can opt to pay less than his or her monthly balance due, and the difference is tacked onto the outstanding loan balance.

Many experts had expected an explosion of defaults in the springtime on these roughly 564,000 outstanding mortgages. However, interest rates dropped to historic lows, and that delayed the detonation of what many housing analysts still see as a ticking time bomb.

“They’re probably going to default at a rate that makes subprime look like a walk in the park,” warned Rick Sharga, senior vice president for RealtyTrac, a foreclosure research firm in Irvine, Calif.

Mortgage rates fall back from 7-month high

Associated Press June 18, 2009

WASHINGTON — Rates for 30-year home loans fell back this week after soaring to the highest level in seven months a week earlier.

The average rate for a 30-year fixed mortgage was 5.38 percent this week, down from 5.59 percent a week earlier, mortgage company Freddie Mac said.

Rates had risen for three consecutive weeks after yields on long-term government debt, which are closely tied to mortgages rates, had been climbing as investors worried that the huge surplus of government debt hitting the market could trigger inflation.

But data released Wednesday suggested that inflation remains largely in check, and the yield on the 10-year Treasury note has fallen back from an 8-month high of 4.01 percent reached last week.

D-FW foreclosure postings hit new high

By Steve Brown   Dallas Morning News June 18, 2009

Dallas-Fort Worth area home foreclosure postings are hitting new highs, with more than 6,000 properties set for sale next month.

That’s a 62 percent jump from a year ago, according to Addison-based Foreclosure Listing Service.

The latest tally of foreclosure postings easily topped the last record of just over 5,500 filings for May’s auctions.

Austin area feeling the foreclosure bite

Filings lower than elsewhere, but they’re on the rise, and families are struggling.

By Jeremy Schwartz Austin American-Statesman June 21, 2009

GEORGETOWN — Alma and Adolfo Vasquez might not appear to be primecandidates for foreclosure. Their 3,100-square-foot home near two golf courses is appraised at nearly half a million dollars. They were far from irresponsible buyers, making a 20 percent down payment after selling their California home in 2006, just before the housing bubble burst.

But by early April, the Vasquez family, slammed by a double whammy of rising property taxes and tough times for Adolfo’s home-renovation business, were three days from losing their home at a foreclosure auction.

Home start surge could mean housing market has hit bottom

Building permits also increase more than expected, but inventories remain high.

By Jack Healy New York Times June 17, 2009

Construction of new homes rebounded in May after dropping sharply a month earlier, the government reported Tuesday, signaling that the housing and construction markets might be hitting a bottom.

In another report, the government said that prices received by producers for finished goods rose a smaller-than-expected 0.2 percent in May, hinting that Wall Street’s fears of inflation might be exaggerated.

Still, energy prices posted the largest increase since January, with gasoline prices up nearly 14 percent for the month.

Dallas-Fort Worth ranked 3rd best housing market in report

By Steve Brown   Dallas Morning News June 17, 2009

The Dallas-Fort Worth area is one of the top three housing markets in the country.

That’s according to a just-released economic report from the Brookings Institution.

In this comprehensive, nationwide study, the D-FW area, in this comprehensive, nationwide study, ranked third behind Houston and Buffalo among the metro areas that have been the least affected by the falling home prices.

‘Echo Boomers’ may anchor economy

By Lynn Adler   Reuters June 22, 2009

NEW YORK – The children of baby boomers will eventually resuscitate the pummeled U.S. housing market, Harvard University said on Monday, but in the meantime, limits on income and credit are sustaining the three-year bust.

The highest unemployment in almost 26 years, record foreclosures and rigid lending threaten to overcome emerging home sales progress despite unprecedented efforts by the Obama administration, Harvard’s State of the Nation’s Housing 2009 report said.

Echo boomers, the children of the post-World War Two baby boomer generation, offer a massive source of support for housing, the study said. The generation is entering the peak home buying and renting ages of 25 to 44 and numbers over five million people more than did their parents’ record-sized group in the 1970s.

Vancouver to boost building of low-cost rentals with stimulus plan

Developers to be offered everything from a fee holiday to permission to build super-small suites to bonus space

By Francis Bula   Vancouver Globe and Mail June 19, 2009

Vancouver will be offering developers everything from a fee holiday to permission to build super-small suites to bonus space if they build affordable rental units, as part of a mini-stimulus program meant to get construction going again in the city.

The program, which the city aims to start by July 6 and which will last until Dec. 15, 2011, is not just a first for Vancouver but for Canada, when it comes to a city pushing an affordable-housing agenda.

Indicted: San Antonio Housing Authority staffers, past and present

San Antonio Express-News June 18, 2009

Five current or former employees of the San Antonio Housing Authority have been indicted in a federal corruption investigation.

At least four suspects were arrested by the FBI on Thursday in connection with separate indictments alleging they took kickbacks from contractors vying to get work from the housing agency. They face charges of accepting something of value involving federal program funds.

Galveston Housing Authority hires design firm

By Leigh Jones   Galveston County Daily News June 17, 2009

GALVESTON — Galveston Housing Authority’s board of trustees on Tuesday hired Houston-based Civic Design Associates to create a plan to rebuild public housing at Cedar Terrace, Oleander Homes and Magnolia Homes.

But the company really will be acting as a facilitator in the process, project director James Hill said. “We’re not the ones who will be determining this master plan, it’s the community,” he said. “That’s the only way it will be successful.” Hill, whose firm has worked in Galveston for the past 20 years, said he understood how contentious the public housing issue had become on the island since Hurricane Ike flooded four housing authority developments and displaced 569 families.

Using a weeklong public design process, the firm hopes to get residents, business owners and public officials to come together and work out a plan that will be acceptable to the most people, Hill said.

“We continued not in a state of indolence, but hunted every day, and prepared a little cottage to defend us from the winter storms.” – Daniel Boone

Daniel Boone's cabin -New York Public Library

Daniel Boone's cabin -New York Public Library

As the Southwest Airlines flight climbed upward from the El Paso Airport it banked southeast over the area known locally as the Lower Valley. The rich soils along the Rio Grande River and the extensive network of irrigation ditches emanating from the river made the 40 miles down river from the city of El Paso one one of the most agriculturally productive areas of the state.

From a couple of thousand feet in the air it was clear that the farmland was rapidly being overtaken by an irregular scattering of growth of residential subdivisions. Beyond the boundaries of the city of El Paso these subdivisions sprang up rapidly in the 1970s.

The so-called “developers” of these colonias often did little more than buy a piece of farmland and mark out the lots with wooden stakes before selling them with low monthly payments and little or nothing down to low income families with the dream of owning a piece of land and building a home. The explosion of the growth of colonias in El Paso’s Lower Valley, when viewed from the ground were distressing for the substandard housing conditions they brought but the view from the window of the airplane was most alarming because the magnitude of the problem could be appreciated.

Sitting next to me on the plane was my late friend John Edmondson, the son of one of El Paso’s largest homebuilders, and at the time the chief of staff to El Paso State Senator Peggy Rosson. “What a mess,” I said to Edmondson. “Colonia sprawl is gobbling up all the farmland in the Lower Valley. You all need to get this under control.”

“How do you tell those families they can’t build a home in a colonia?” Edmonson replied. “They’re like Daniel Boone, going into the wilderness and building a cabin for themselves. They can’t afford to live in the city. There’s no housing for them. How do you say ‘no’ to someone with a frontier attitude of, ‘I’m going to do what I have to do to make a home for my family.’”

That 1991 plane ride and conversation has stayed in my mind as each session the Texas Legislature brings new bills to address the colonias. For me, weighing colonia legislation amounts to a balancing act between limiting inefficient urban growth, sprawl, environmental problems, dangerous substandard living conditions and transportation dilemmas on the one hand and the need to allow poor families to exercise the option of buying land and building a home they can afford and for which they have no other viable housing option.

I call this the Daniel Boone ethic of homeowner freedom.

Read More…

Posted by: John Henneberger | June 23, 2009

Fort Worth housing fund crisis shows need for more public oversight

Once again the lack of oversight of a city housing department leads to waste and abuse and puts the federal funds in jeopardy.

The Fort Worth Weekly reported on May 19 that Jerome Walker the long-time deputy director of Fort Worth’s housing and economic development department was fired on May 7. Now the city’s funding from the US Department of Housing and Urban Development (HUD) is reported to be in jeopardy.

According to the FW Weekly…

The reasons for dismissal [of Walker] ranged from “poor quality work [in new and rehabilitated houses for the low-income and the poor], poor customer service [and] inappropriate use of grant funds to an overall disregard of management oversight and control.” Walker’s biggest sin was his misuse of millions of dollars of federal funds, which threatened the city’s future federal funding.

The housing deputy director’s termination memo outlines a disturbing range of problems with the City of Fort Worth’s housing programs.

According to the CBS TV station in Dallas, the city is now racing to rescue millions of dollars the city could lose because of sloppy paperwork. The US Department of Housing and Urban Development Department informed Fort Worth in May that it has not properly filed applications for the money, despite repeated warnings from the government.

If this year’s applications aren’t ready by noon today the city’s HUD funds could be lost.

Watch the CBS TV station’s story.

Here are two things I urge the City of Fort Worth to do immediately.

1) Many cities administer owner-occupied rehabilitation programs efficiently and effectively. It is a matter of hiring the proper management and holding them accountable for cleaning up the program. If necessary an independent auditor should be hired to oversee the city’s administration of this program until it operates effectively.

2) Housing programs would be better administered and problems will be avoided when they are operated in the clear light of day with adequate public scrutiny. To accomplish this, city housing departments should maintain on the Internet an ongoing accounting showing where all housing funds are being spent, delineating the goals for each program and continuously updating the accomplishments toward meeting those goals.

Not only Fort Worth but all city councils should put this later reform in place immediately. If they do not, the Texas Legislature should make this a requirement during the next legislative session.

Posted by: John Henneberger | June 22, 2009

Texas LIHTC corruption case should embarrass us into taking action

I don’t know who, if anyone, is guilty in the Dallas Low Income Housing Tax Credit public corruption case that is set to get underway in federal court today. But I do believe that all of us who work in affordable housing in Texas are little guilty for not speaking up louder to demand a fix for the problem that lies at the root of this case.

If you aren’t not up to date on this mess, check out the summary of the cast of  characters the Dallas Morning News has prepared..

In a front-page story in today’s Dallas Morning News the Dallas corruption case was summarized as follows…

Jurors will hear how a change in state law opened the door for Hill, Lee and others to allegedly cash in on low-income housing deals.

In 2003, the Legislature passed a law that required developers wanting to build low-income apartments in cities already saturated by subsidized housing, like Dallas, to get approval from city councils and community groups before they could get tax breaks.

Ratcheting up the pressure was a ban on having two or more such complexes within one mile of each other.

Fast-forward to Oct. 27, 2004, a critical crossroads in the government’s narrative. That day’s council agenda contained proposals for dueling low-income developments from both Potashnik and Fisher [LIHTC developers]. Some of the developments were to be built on opposite sides of the road from each other.

Prosecutors contend that five days before [former Dallas Mayor Pro Tem Don]Hill led his council colleagues to favor Southwest Housing’s projects, the Potashniks cut Sheila Farrington [Hill's girlfriend] the first of a dozen $14,000 checks she allegedly funneled to her paramour, Hill.

According to prosecutors, Hill at one point had schemes involving separate groups of people hitting both Fisher and Potashnik up for cash funneled through phony contracts.

First, let me say that the Morning News is dead wrong in saying that Dallas is saturated with “subsidized housing.” Far from it. In 2009, 44% of Dallas renters can’t afford to rent a modest two-bedroom apartment. For rent to be affordable would require a full-time worker to earn $17.40 an hour. (These figures are according to the National Low Income Housing Coalition in a report entitled Out Of Reach, which is available on their website).

But it is true that state law awards critical scoring points to Low Income Housing Tax Credit developers who secure letters of support from elected officials at the state and local levels. This requirement should be repealed.

Sen. John Whitmire (D- Houston) attempted, unsuccessfully, to convince the Legislature this session to allow state elected officials the option of refusing to write letters of support without penalizing the points the developer would earn in the competition to get their development funded.

We really need to go further than Sen. Whitmire proposed however.

There is an elaborate process for assessing the worthiness of a Low Income Housing Tax Credit application already in place with the issuing entity, the Texas Department of Housing and Community Affairs. There are ways that this assessment process could be further strengthened, including making the market analyst assigned to the development completely independent of the developer.  The market analyst is responsible for preparing a report on the appropriateness of the project at its proposed location.

It is the appropriateness of the project that is the issue here. While local elected officials do have a general knowledge about the districts they represent, they are hardly experts in the intricacies of the market needs for of affordable rental housing among a narrow market share of low income renters. Thus, the letters of support from the local elected officials are not of great use in deciding whether the proposed housing development is needed or not. But because of the highly competitive nature of the LIHTC process, the scoring points awarded for a favorable letter from a public official often make or break a proposed development.

The Texas Department of Housing and Community Affairs will be reviewed by the Texas Sunset Commission over the course of the next year and a half. This is an excellent opportunity to repeal the requirement for local elected officials to write letters of support and to put in place a more sound and nonpolitical assessment of the need for a proposed LIHTC development.

In the meantime, we are all going to be treated to a sordid, painful and drawn out public accounting of just what is wrong with the current law through front page media coverage of this case. The association of affordable housing with public scandal will do much to further erode the public’s all too weak support for government efforts to assist the poor to find affordable housing.

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