ZONING AND BUILDING CODE REQUIREMENTS

PARKING REQUIREMENTS

Meeting minimum parking requirements can be a challenge when preserving unsubsidized affordable SMMF properties, particularly for older properties that have less parking than is now required. In some instances, these requirements may mean you need a larger site to create an efficient parking arrangement.

Recognizing that this is a barrier for small-lot owners, the City of Miami has created an exemption to its parking requirements for smaller buildings (10,000 square feet and under) that are located near transit and not immediately adjacent to single-family zoned areas.xxix

Atlanta’s new zoning ordinance is also poised to reduce the burden of parking requirements. Recommendations include eliminating or reducing minimum parking requirements for “missing middle” housing types, which includes low- to medium-density buildings, and older properties, which would directly impact the city’s unsubsidized affordable SMMF supply.xxx

PERMITTED DENSITY

More substantial rehabilitation of unsubsidized affordable SMMF properties may experience issues with allowable density. For instance, if part of the preservation strategy includes creating more units to increase cash flow without raising rents, that may trigger issues with allowable units per acre (or even allowable building height, if the rehabilitation plan would expand the building envelope). This issue was raised by stakeholders in Miami, where developers noted they had to find buildings in zones with much higher allowable densities than they needed just to make their projects financially feasible.

NONCONFORMING STRUCTURES

Given the age of unsubsidized affordable SMMF properties, they may no longer conform to current zoning regulations. In other words, these properties may be a nonconforming structure, meaning the structure may have met zoning requirements when it was built, but subsequent changes to zoning requirements include new standards that the lot and/or structure do not meet. Nonconformance can be the result of wholesale updates to the zoning code or adoption of zoning overlays for specific areas. Rehabilitation of nonconforming structures often triggers a requirement to bring the property into conformance, which can be costly.

Recognizing this requirement can be a disincentive to rehabilitate deteriorating housing, some local governments have offered regulatory relief for certain types of preservation projects. For instance, much of Atlanta’s SMMF housing is in neighborhoods that have been rezoned to single-family districts. If the SMMF structures remain vacant for more than one year, they would need to be rebuilt as single-family properties. To support rehabilitation of these properties and advance local goals around diversifying the housing stock and expanding housing availability near transit, Atlanta passed an exception to its current zoning requirements for some of the most commonly affected SMMF properties (4 to 12 unit buildings built before 1946) as long as rehabilitation does not increase the building’s square footage and maintains the property as entirely residential.xxxi Atlanta also offers proactive rezoning in certain areas to address clusters of nonconforming structures that may be preventing rehabilitation.

BUILDING CODES

While building codes are often cited as a key barrier to rehabilitation of existing buildings, particularly older buildings, trends in building code reform have been favorable for unsubsidized affordable SMMF preservation. It is increasingly recognized that having the same building code standards for rehabilitation and new construction projects has prevented quality rehabilitation from taking place (or at least made them more costly). This recognition has resulted in an increasing number of specific rehabilitation codes across the country. Research has shown these differentiated code requirements have resulted in significant cost savings in rehabilitation projects, particularly for smaller projects.xxxii

Despite positive reforms, some building code requirements still create hurdles to the preservation of unsubsidized affordable SMMF properties, particularly when they trigger the same requirements as new construction. For instance, many developers interviewed for this toolkit cited building code requirements designed to increase resilience to natural disasters (e.g., hurricane codes or floodplain protections) as a financial challenge. On the other hand, more resilient buildings can result in lower insurance premiums and significant cost-savings when disasters occur, despite the higher upfront cost. See below for more discussion about resilience and unsubsidized affordable SMMF preservation.

It is important to be aware of any building code requirements during the property identification phase of your project and adjust assumptions about your costs accordingly. For instance, some developers noted the surprising cost of new fire sprinkler systems, which often need to be added to unsubsidized affordable SMMF properties but may not be accounted for during property identification.

HEALTH AND SAFETY NEEDS

ASBESTOS AND LEAD-BASED PAINT REMOVAL

Two of the most common health and safety concerns when rehabilitating a property involve asbestos and lead-based paint removal. If the property in question was built before 1978, it is likely that one or both of these will need to be remediated.

The level of rehabilitation may inform what level of mitigation to pursue. For instance, if a property has been relatively well- maintained and requires little more than refinancing to maintain affordability, encapsulation may be a suitable (albeit temporary) solution. Meanwhile, substantial internal renovations may require the complete removal of hazardous materials. Some jurisdictions offer financial assistance for hazardous material removal, such as Atlanta’s Lead-Based Paint Hazard Control (LHC) and Lead Hazard Reduction (LHR) grant programs available through Lead Safe Atlanta.

THE COST OF REMEDIATION

ASBESTOS

If a property’s tank or pipe insulation is not fiberglass, it likely has asbestos insulation. According to one estimate, asbestos inspections can cost between $500 and $1,000, and the cost of removal is usually between $10 to $15 per linear foot. Alternatively, encapsulation costs $5 per linear foot.xxxiii

LEAD-BASED PAINT

Lead-based paint inspections generally cost between $200 and $400. The cost of removal usually runs between $8 to $17 per square foot, encapsulation costs roughly $4 per square foot, and enclosing lead paint costs approximately $10 per square foot.xxxiv While removal can be more costly dollars-wise, it is the most effective approach, if it is financially feasible.

INCORPORATING ACCESSIBILITY

Nationally, one-quarter of SMMF buildings were built in the 1970s and 1980s, and some are much older.xxxv Older properties may not offer accessibility features for persons living with disabilities or others, such as seniors, that would benefit from more accessible features.

Creating more accessible homes is important in and of itself. But when older properties use public funding, they are subject to federal accessibility requirements through the Americans with Disabilities Act (ADA) of 1990 and Section 504 under the Rehabilitation Act of 1973.

Developers using federal funding and undertaking more significant rehabilitation of unsubsidized affordable SMMF properties with 15 units or more need to provide accessible units under Section 504. Developers who receive funds from federal, state or private sources will need to comply with ADA requirements in public areas of their multifamily property (parking lots, rental office and laundry and community rooms).xxxvi

ENERGY EFFICIENCY

SELECTION OF THE RIGHT PRODUCTS

Some energy efficiency measures can be incorporated into small- scale rehabilitation efforts with little to no additional cost, if you know the right products to use (e.g., which lighting fixtures reduce energy consumption). These products are generally comparably priced to other less efficient products and reduce your operating costs over time. This can be especially important if you want to use Housing Choice Vouchers, since public housing payment standards are based on both rent and utilities. A guide for selecting appropriate, energy-efficient products for smaller-scale rehabilitation efforts in the Southeast has been provided in Tools & Downloads.

TEAM EXPERTISE

Certain energy efficiency or green building measures may require specialized expertise to implement. To help you find qualified technical assistance providers, Enterprise Community Partners, Inc. has compiled a Technical Assistance Providers Database of qualified experts in topics related to the design, development, and construction of energy- efficient, environmentally friendly, and safe affordable housing.

TRANSACTION COSTS

While energy-efficient measures are not costly to incorporate, the transaction costs, such as the cost and time to conduct energy audits or measure and verify cost-savings, do not scale.xxxvii You may also lose some volume efficiency when buying energy-efficient products in smaller quantities. Pursuing a portfolio of unsubsidized affordable SMMF rehabilitation projects at the same time can address this barrier.

ENERGY EFFICIENCY FUNDING

You can obtain free energy audits and grants for implementation through existing programs. Property owners in Atlanta can receive a free energy audit through Georgia Power, and nonprofit owners or developers in Miami can be eligible for a free energy audit and grant support to implement energy efficiency upgrades through the GoodUse grant program. It is also important to note that some local jurisdictions require energy audits on a regular basis. One of these jurisdictions is Atlanta, where properties that are 25,000 square feet or larger are required to complete an energy audit every ten years, which may affect some unsubsidized affordable SMMF properties.

Energy efficiency can be more costly in older SMMF properties if they require broader systems updates (either to meet existing codes or extend the property’s lifecycle). In these instances, green rebate programs and other financing (like Property Assessed Clean Energy programs) may be available to cover the upfront capital costs. For the latest information on resources available to finance energy efficiency improvements, consult the Database of State Incentives for Renewables & Efficiency. When pursuing these resources, be aware of any requirements that may impact your broader project (e.g., caps on total preservation cost or cost-per-unit).

PROJECT SPOTLIGHT: ENERGY EFFICIENCY

Atlanta developer Civitas planned to incorporate energy-efficiency measures into a small multifamily property in the city’s Westside from the start. These measures would reduce operating and maintenance costs, access more favorable financing for the project, and improve tenants’ quality-of-life.

These improvements were also motivated by the capital needs of the property. Upon purchase, staff at Civitas found that entire systems needed to be replaced. They knew it would no longer be cost- or time- efficient to make smaller improvements over multiple development phases. Instead, they decided to upgrade the building systems and, through these upgrades, make the systems more energy-efficient.

Making these upgrades meant that Civitas needed to revisit its phased approach to rehabilitation. Initially, the phases served as a way for current residents to move into units as they were rehabilitated or provide two years for them to find housing elsewhere. However, improving the building systems meant that current tenants needed to move out more quickly. To mitigate the negative effects of this change, staff at Civitas worked closely with current tenants, community members and local elected officials to ensure a smooth relocation process, which included economic incentives for moving expenses and rent reimbursements.

Civitas used a range of energy-efficiency measures in this property. They installed water-efficiency measures, like aerators on the sinks and showers and low-flow toilets, and replaced the building’s heating system, windows and lightbulbs. Through these energy-efficiency measures, Civitas significantly reduced their operating costs and were able to access incentives through Georgia Power and lower-cost financing through Fannie Mae and Freddie Mac.

ICAST. Multifamily Green Rehabilitation Resource Guide. Available at www.icastusa.org/wp-content/uploads/2017/01/ICAST-Multifamily-Green-Reha....

DISASTER RESILIENCE MEASURES

Resilience means “the capacity of individuals, communities, housing, infrastructure, institutions and businesses within a community to survive, adapt and grow as they confront a variety of extreme and chronic stresses.”xxxviii As the number and severity of disaster events increases across the United States,xxxix resilience is not only key to maintaining the fabric of our communities; It is also a smart financial investment which can save property owners money, by promoting efficiencies, eliminating building deficiencies, and potentially reducing insurance premiums.xl

VULNERABILITY OF UNSUBSIDIZED AFFORDABLE SMMF PROPERTIES

The size and age of unsubsidized affordable SMMF properties mean they are particularly vulnerable to disasters:

• Age – Unsubsidized affordable SMMF buildings tend to be older and inconsistently maintained. As a result, properties may not meet the latest standards for disaster preparedness (e.g., hurricane codes in Miami). They can be more susceptible to leaks and structural impacts from extreme weather, like wind and flooding.

• Size – Since construction materials and methods may differ based on property size, unsubsidized affordable SMMF properties can have different risks to hazards than larger properties. Strategies for increasing the resilience of SMMF properties through rehabilitation are discussed in more detail below and in Appendix 2.

UNDERSTANDING YOUR RISK

It is important to understand the local hazards surrounding your preservation project, because different areas of a community are vulnerable to different types of disasters. The context around your project will affect how you incorporate resilience into your rehabilitation efforts, which disaster-related requirements apply to your project, and which resources are available. Appendix 2 provides a framework for assessing your project’s hazard risk. Enterprise Community Partners, Inc. is also creating a resilience portfolio assessment tool to help you understand the specific exposure rating of your building. Based on your inputs, it will create a risk score based on social vulnerability and climate risk. The tool covers those hazards most common to the United States and territories.xli

REDUCING DISASTER RISK AND MAINTAINING AFFORDABILITY IN REHABILITATION

The following strategies can help keep costs low and improve resilience during rehabilitation:

• Investing in resilience and energy efficiency – Making these improvements can reduce your operating costs, making it financially feasible to keep rents lower. These improvements can range from simpler measures like weatherization up to the replacement of full systems. The average payback on these investments is seen in less than three years, depending on the project scale.xlii There are a variety of funding and rebates available to support the upfront investment in these measures. For example, Property Assessed Clean Energy (PACE) financing is available in many markets around the country and provides low-interest loans to cover 100 percent of the hard and soft costs of energy efficiency, renewable energy or other resilience projects that you repay via assessments on your property tax bill.

  Bay Area LISC and Build It Green. Green Rehabilitation of Multifamily Rental Properties: A Resource Guide. Available at www.novoco.com/sites/default/files/atoms/files/greenrehabmultifamilyrent....

• Investing in preventative maintenance – Sealing leaks and cracks not only prevents longer term problems that protect the structure from deteriorating, such as mold, but also reduces your long-term financial exposure.

• Having redundant building systems – Having back-up systems, such as electrical and heating systems, helps a property maintain habitability and property owners repair systems with greater speed.

• Selecting materials with co-benefits – Certain materials have multiple benefits (or “co-benefits”) when used. For instance, light- colored materials, including finishings and paint, reduce heat intrusion to keep rooms cool and withstand moisture.