Opportunities Abound as Housing Authorities
Revitalize, Develop Projects
Tax Credit Advisor, July, 2009
PUBLIC HOUSING AGENCIES (PHAs) are exerting
an expanding force in housing and community development
and in improving the lives of low-income persons,
in routine and creative new things both alone and
in partnership with private developers.
PHAs large to small are undertaking or planning
much of this work using billions of extra dollars provided
by the American Recovery and Reinvestment
Act (ARRA). At the same time, several new federal
programs proposed for the U.S. Department of
Housing and Urban Development (HUD) hold the
promise of new development opportunities. In addition,
PHAs may be a way to help save some stalled
low-income housing tax credit (LIHTC) projects.
Numbering 3,300 nationwide, PHAs are the cornerstone
of affordable housing in the U.S. They own
and operate public housing – low-rent apartments
serving the poor and extremely low-income – and
administer the HUD Section 8 voucher program in
their communities. PHAs, though, have expanded
beyond these traditional activities, as the result of new
HUD programs, powers, and resources.
Under the HOPE VI program, PHAs have redeveloped
distressed existing public housing projects into
mixed-income residential communities using federal
HOPE VI grants and other resources, such as LIHTC
equity. They’ve done similar projects under HUD’s
“mixed-finance” program, combining federal public
housing dollars other than HOPE VI (e.g., capital
grants) with other public and private funds. Projects
developed under these two programs have typically had
a portion of units designated for public housing-eligible
residents; LIHTC rental units; and often market-rate
apartments. Some have also had for-sale housing units.
In these ventures, some PHAs – usually big-city
ones – have acted as their own developer, usually through
a for-profit subsidiary. Other PHAs have brought in –
partnered with – a for-profit developer. Examples of
both development models are plentiful today.
Development Examples
In Alexandria, LA, a city of about 50,000 in
Central Louisiana, the Alexandria Housing Authority
(AHA) is embarking on a two-phase affordable housing
project in its first partnership with a private developer,
for-profit Gorman & Company, of Oregon, WI.
The city has a “very high” need for additional affordable
rental housing, according to Wanda Davis, AHA
executive director, and Joseph Lewis, an outside communications
consultant.
AHA’s portfolio includes 526 public housing units
in multiple small properties, and 73 Section 8 voucher
households. AHA once had another 247 public housing
units, in a distressed multi-building 1971 development.
Using a HOPE VI demolition grant, AHA
razed the buildings in 2006, displacing nearly 400 residents,
as part of a plan to revitalize the 38-acre site.
A new $35 million mixed-income development called
Legacy Heights is to be built on the site, with construction
starting this quarter. Phase I will provide 40
new public housing units; Phase II, 47 new public
housing units, another 116 affordable rental units, and
37 single-family homes. “Legacy Heights represents
the largest affordable housing project ever built in
Central Louisiana,” says Lewis.
Davis said Legacy Heights is the first project by
AHA in partnership with a private developer. “This is
all new to me,” she said. “That’s mainly why we needed
to bring someone in with expertise.” A subsidiary
of AHA will be co-developer on the project with
Gorman.
AHA has also relied on a private firm, Baker Tilly
Virchow Krause LLP, specifically senior consultant
Carlos Guice and principal Terri Preston, to design the financing packages for the two
phases. Creativity was forced by disappointing
setbacks. The disruption
in the LIHTC and municipal bond
markets torpedoed the original
financing plan. AHA had intended
to use tax-exempt financing and 4%
housing credits to provide much of
the funding, but had to abandon
this notion after two commitments
from equity providers fell through.
“I think it was about 25 or 30 investors that we went to,” said Davis.
Preston said the deal got “very messy” after the original plans fell
apart. “So we re-tooled, and then
re-tooled again, and got to this
strategy,” she explained.
Under the revised packages,
anticipated funding sources include
regular and special ARRA public
housing capital grant funds, a bank
construction loan, a loan from
Fannie Mae (secured by a pledge of
future capital grant funds to be
received by AHA), and other
monies. Guice said consideration is
also being given to using Build
America Bonds – a new tool
authorized by the Housing and
Economic Recovery Act of 2008. “We are looking at those for leveraging,”
he noted. Build America
Bonds are taxable bonds that can be
issued to finance governmentowned
facilities; issuers get a 35%
federal subsidy they can use to buy
down the borrowing rate. If used,
Guice said AHA would issue the
bonds and use the proceeds to help
fund the public housing units in
Legacy Heights.
In Franklin, TN, the Franklin
Housing Authority (FHA) is partnering with Michaels Development
Co., a prolific for-profit developer
of HOPE VI and LIHTC projects
based in Marlton, NJ. FHA has
retained Michaels to help prepare a
master plan – and potentially to be
the developer – for the redevelopment
of FHA’s entire current portfolio
of 297 public housing units in
eight aging properties scattered
across 60 acres.
While FHA Executive Director
Derwin Jackson said this is the first
time FHA has partnered with a private
developer, he previously headed
the PHA in Meridian, MS, where
Michaels partnered with the
authority on a HOPE VI project.
“What we’re proposing to do,
and want Michaels to assist us with,”
says Jackson, “is to put together a
master plan on how we can redevelop
all of our properties on the 60
acres, and come back with 308 units
of public housing, and redevelop
the rest as homeownership or workforce
or affordable housing.”
Jackson said project funding
sources will be identified after completion
of the master plan. “We’re
hoping to tap into a little bit of
everything,” he stated.
Jackson said the city of Franklin
(pop. 60,000) has enormous need for
affordable rental housing. The city is
a suburb of Nashville in the second
richest county in Tennessee (median
family income $65,000-plus), dotted
by homes of famous country western
singers and producers.
Pennsylvania, Wisconsin
Agencies
Examples at the other end are
private sector.
Carl Greene, executive director
of the Philadelphia Housing
Authority, described several of the
authority’s current projects.
One is Warnock Street, a two phase,
95-unit development in
eastern North Philadelphia. It will
contain 50 rental units in traditional
row houses, and a three-story
building with green roof, 45 apartments
for seniors, and 33,000
square feet of ground-floor commercial
space. The commercial
space will be used for a day care
center for seniors, health care services,
community space, and a new
office for the authority’s Section 8
operation. All of the housing units
will be both public housing and
LIHTC units. Greene said funding
the Philadelphia Housing
Authority, the fourth largest PHA
in the U.S., and the Housing
Authority of the City of
Milwaukee (HACM).
“Pretty much our practice is that
we function as our own developer,”
says Greene. “We bring in construction
management companies, to
manage and mitigate our risk in the
construction phase, and we use tax
credit compliance professionals to
help us with the marketing and
lease-up” of LIHTC units and to
ensure ongoing compliance.
Philadelphia’s authority has also
begun a comprehensive new program
to make energy-efficiency
improvements to its existing public
housing units to cut energy bills.
About 2,000 units of a total 14,000
units have been completed so far
under the Maintenance WAVE initiative
(Weatherization and Value
Enhancement). Greene said the
authority has teams working seven
days a week making improvements
such as caulking around windows
and doors, wrapping hot water
tanks, installing compact fluorescent
light bulbs, and replacing light
fixtures. “Weatherization is a hot
topic,” he notes, “and we want to be
at the forefront of the emerging
topics. That’s why we’re engaging in
this in a major way.”
In Milwaukee, HACM is
developing the next phase of a project
that will produce single-family
homes on 23 scattered sites, intended
for sale to households at or
below 60% of area median income.
Project funding sources include
public housing capital grants (providing construction financing), a
HOPE VI grant, and LIHTCs.
Marsells said HACM is also
using tax credits to construct Olga
Village – 37 public housing units
for seniors – in partnership with a
nonprofit organization. “We’re
building it on the campus of the
nonprofit,” she said. “They own the
land and they’ve allowed us to
develop on it. They also have a very
enriched services program, so
they’ll be providing all of the services
for the residents.” Marsells said
the project will be on the same
campus as an existing HUD Section 202 elderly housing development.
“We’re looking at the possibility
of putting a community space between the two buildings
and connecting them,” she noted.
Steve Falek, Associate Director
of HACM, said the authority is
also partnering with a private
developer to tear down one of its
existing obsolete high-rise buildings
and replace it with a new residential
care assistance community
(i.e. assisted living for low-income
households). Falek said HACM
chose to partner with this developer
because of its experience in
developing these kinds of facilities.
Various Opportunities
Opportunities for PHAs and private developers to develop and
partner are substantial, varied, and
growing.
Pittsburgh-based Macy
Kisilinsky, Director/Public Housing
of LIHTC syndicator National
Equity Fund, Inc., estimates only
7% of all PHAs have ever partnered with a private housing developer.
Sunia Zaterman, executive
director of the Council of Large
Public Housing Authorities, whose
60 or so members are the largest
PHAs in the U.S., says PHAs
nationwide have aggregate public
housing capital needs of roughly
$32 billion – much more that the
federal government can ever fund.
“We have an under-funded operating
side, and a severely underfunded capital side,” she notes.
She said an area of consensus among PHAs is that it’s “critical”
for them “to bring new partners in”
to help them address needs in their
public housing communities. Two key needs are to help PHAs:
address the needs of their older
public housing residents so that
they can “age in place,” such as
building alterations and services
(35% of all public housing tenants
are seniors); and, “green” their public
housing properties to make
them more energy-efficient.
ARRA provided an extra $3
billion in formula public housing capital grants to all PHAs to make
capital improvements, and another
$1 billion in competitive public
housing grants in a funding round
now underway. The latter dollars
can be used by PHAs for a wide
variety of purposes, including to
rehabilitate or make energy retrofits
to public housing projects.
San Francisco consultant Eric
Olson, of CSG Advisors, Inc., said
there may be opportunities for private
developers to work with PHAs
on projects funded by the $4 billion
in ARRA public housing capital
grant dollars because of tight
expenditure and obligation deadlines
for the monies. He indicated
some PHAs might, for example,
turn to third-party developers to
help “ramp up” their construction
and rehab activities.
Sources said possible ways that private developers can partner with PHAs on housing projects include
to serve as the sole or co-developer,
as project manager, as contractor, or
to provide property management.
Traits that make for-profit
developers attractive to PHAs as
partners include familiarity with
and experience in securing private
and public sources of funding (e.g., LIHTCs, bond financing, bank
loans, soft debt); and development
and property management expertise.
On the flip side, PHAs can
offer funds (e.g., public housing
capital grants, operating subsidies),
existing properties, vacant or
under-utilized land, and relationships
with public officials.
Several sources noted PHAs
may provide a possible solution
today to developers with proposed
LIHTC deals that are stalled
because of no or insufficient tax
credit equity. For instance, a housing
authority could infuse some of
its capital dollars into a project to plug a funding cap in the project,
in exchange for having a set number
of project units designated as public housing units. Sources said
the addition of these funds might
also make stalled projects more
competitive in seeking federal Tax
Credit Assistance Program
(TCAP) funds from state credit
allocating agencies.
Proposed New Programs
Developer Bob Greer, of
Michaels Development Co., also
sees potential future opportunities
for private developers under
some of the new federal programs
proposed by the Obama
Administration in its FY 2010
budget request for HUD. These
programs will require enactment of
legislation to establish.
One program is the proposed
Sustainable Communities
Initiative, which would offer $150
million in planning grants that
cities or housing authorities could
use to better plan their growth and
to more effectively coordinate
transportation and housing development. “That planning is going to
lead to specific proposals that the
private development industry can
participate in with housing authorities,”
said Greer. Of the $150 million
in grants, $100 million would
be earmarked for planning for
transportation and housing; $40
million to encourage mixed-use
development districts.
A second proposed program is
Choice Neighborhoods, with initial
funding of $200 million. This
would build on HOPE VI, but
permit funding for a wider range of
activities that contribute to healthy and sustainable neighborhoods, including
affordable housing, economic development, etc.
In addition, eligible applicants would be broader
than just PHAs, including for-profit developers,
cities, and others.
New details of the proposed new HUD
programs have been released. (Go to http://
www.hud. gov/offices/cfo/reports/2010/cjs/pih2010
.pdf, p. 0-1 for Choice Neighborhoods; http://www.
hud.gov/offices/cfo/ reports/2010/cjs/ pih2010.pdf,
p. Q-12 for Sustainable Communities.)
Developer Tom Capp, of Gorman &
Company, a LIHTC and historic tax credit
developer, says his firm in the past two years has
diversified beyond just working “in tandem” with
housing authorities and local governments, to
also begin partnering directly with PHAs, such
as being chosen to be their development partner.
One example is the Alexandria, LA project.
Another is in Rockford, IL, where Gorman has
been picked by the housing authority to design
and redevelop a public housing project into a
mixed-finance residential community. Gorman
will also stay on to help the authority plan its
target HOPE VI areas, and to help the city
coordinate the use of new federal Neighborhood
Stabilization Program dollars.
Capp indicated that his firm’s move to
partner directly with PHAs ties into his belief
that more and more of the financial resources
provided for affordable housing over the next 5
to 10 years “will find its way through public
housing authorities.”
Capp believes “a range of relationships” will
evolve between housing authorities and private
developers. He also contends housing developers,
to be successful, will need to have “broader
tools and broader skill sets” to offer housing
authorities, such as planning expertise. “Firms
that have experience in working in larger contexts – bigger than their own project, doing
multiple projects in a revitalization area – are
going to be better positioned to work with
housing authorities as their development partner,”
says Capp.
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