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Incoming lawmakers, governor-elect aim to tackle housing

New homes are under construction at the new master-planned community Reserve at Red Rock sits in Mesa, Arizona USA on November 30, 2022. Housing affordability has fallen to its lowest level in 33 years, and mortgage and home prices have surged. (Photo by: Alexandra Buxbaum/Sipa USA)(Sipa via AP Images)

Republicans and Democrats want to address housing in the upcoming legislative session, and some of their proposals overlap.

Everyone in and around the Capitol is aware of the housing shortage regardless of political affiliation but agreeing on solutions is a tricky issue that pits state and local control against one another.

Earlier this year, the Legislature approved a Housing Supply Study Committee that has been meeting for the past several months to learn about Arizona’s lack of affordable housing.

The committee members are now preparing documents on the issue and how they want to address it.

Rep. Steve Kaiser, House, affordable housing
Rep. Steve Kaiser, R-Phoenix

Committee chair Rep. Steve Kaiser, R-Phoenix, will present the report within the next two weeks or so. He will also likely sponsor some legislation that will come out of the committee as he did last year.

Democrat Gov.-elect Katie Hobbs has a very detailed housing plan that includes several proposed bills. She is a former social worker and legislator with an interest in housing problems.

Land costs and building costs have increased, more people are moving into Arizona, inexpensive housing is decreasing, and new housing isn’t being built as quickly as it did in previous years, but lawmakers already have possible solutions on the table.

Lifting Zoning Restrictions

Jake Hinman, Arizona Multihousing Association director of government affairs, said, “Zoning has made it extraordinarily difficult to get through the process. NIMBYISM is a result of zoning.”

He accused cities like Scottsdale of being “downright hostile” toward affordable housing while other cities like Tempe are taking the issue full-on and ending up housing the workforce and low-income residents.

Perhaps the most commonly repeated theme in the Housing Supply Study Committee is the need to cut back on zoning “red tape” that discourages developers from wanting to build homes in Arizona.

“Twenty years ago, you could take a property from dirt and build a house within six months,” Senate President-elect Warren Petersen said in an economic proposal he released earlier this year. “Those days are long gone as a litany of hurdles have been placed in obtaining approvals for land development and housing. Now, it can take as long as four years! Let’s increase the housing supply by shortening this window. One way to accomplish this is through administrative approvals for all projects that meet existing laws and requirements.”

Kaiser has made repealing zoning restrictions a priority over the past several meetings of the Housing Supply Study Committee, but the question that remains to be tackled is which zoning regulations must go.

This is not necessarily a partisan issue.

Hobbs offers some specific deregulation proposals in her housing plan.

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Katie Hobbs

“Examples of zoning changes that lead to more housing inventory include: building an additional dwelling unit, an accessory unit or a single-room occupancy unit on a residential lot; allowing higher density zoning that can accommodate more development of moderate-income housing; permitting higher density residential projects in or near commercial and mixed-use zones, major transit investment corridors, or employment centers; reducing restrictive requirements for affordable housing projects, such as minimum parking spaces, minimum unit sizes, or common area requirements; and providing zoning and financial incentives to developers who dedicate a certain percentage of units to market or below market rate housing,” she wrote.

Increasing density and allowing non-traditional homes also came up several times in the Housing Supply Study Committee.

Inclusionary Zoning

Inclusionary zoning requires developers to devote a certain percentage of the units in a project to affordable housing and it’s banned in Arizona. Theile included the idea as a recommendation to the committee and was met with pushback from Spencer Kamps, vice president of legislative affairs of the Home Builders Association of Central Arizona.

Kamps argued that inclusionary housing essentially taxes the very developers who are trying to create needed housing. He asked where in the United States inclusionary housing has been able to fix a housing shortage, and his question wasn’t answered. Kaiser said he’s not convinced inclusionary housing can do enough to help Arizona.

The idea got a more positive reception from Tempe Mayor Corey Woods who said, “I do think an inclusionary zoning policy would be tremendously helpful.”

Glendale Community Services Director Jean Moreno asked whether inclusionary zoning funded by low-income tax credits could be a solution that keeps developers incentivized and affordable housing coming in.

In this Dec. 4, 2019, photo, the main entrance is seen of a new apartment building opened for a ceremony at the Native American Connections Urban Living on Fillmore affordable housing unit in Phoenix. Republicans and Democrats want to address housing in the upcoming legislative session and some of their proposals overlap. The legislature approved a Housing Supply Study Committee in the most recent session that has been meeting for several months to learn about Arizona’s lack of affordable housing. (AP Photo/Ross D. Franklin)

Tax Increment Financing

Several states use tax increment financing or TIF, which incentivizes developers. A city sets aside the area to be developed and when property taxes in the region increase, the added revenue – separate from the base revenue stream – is diverted to the developer as a subsidy.

Arizona allows some forms of TIF but bans others. This issue has come up several times in the Legislature and is usually pushed by cities and towns that would get the benefit of more control over development.

Income Discrimination

In Arizona, developments often don’t allow people who use housing vouchers to rent at their properties. Tucson tried to stop developers from discriminating on income source, and it is now the subject of an investigation.

Speaker of the House-elect Ben Toma, R-Peoria, filed a complaint against Tucson on Nov. 16 for blocking income source-based discrimination, which he says violates state law.

“The Arizona Legislature … has explicitly prohibited municipalities from wielding their fair housing codes to continually exact more regulatory burdens on rental property owners,” Toma wrote. State law does ban municipalities with large populations from adopting fair housing ordinances.

Moreno, of Glendale, said discrimination is a problem because vouchers allow mixed income housing and so many communities won’t accept the vouchers. Cities only get a limited number of vouchers and a tight budget for them. Residents must be at the “very low” income level to qualify for them.

Blocking income source discrimination would be a good move in her opinion. “This would provide an opportunity to support households that are at a very low income,” she said.

Housing Trust Fund

Several legislators, including Sen. David Livingston, R-Peoria, Sen. Lela Alston, D-Phoenix, and Kaiser have sponsored legislation to fund the Housing Trust Fund with the Arizona Department of Housing, which can be used for projects like homeless shelters. The HTF got a significant allocation in last year’s budget, but Hobbs wants to increase it even more – as does Alston.  

  

 

 

Uncertainty in some parts of Arizona as eviction ban ends

A rental sign is posted in front of an apartment complex Tuesday, July 14, 2020, in Phoenix.   (AP Photo/Ross D. Franklin)
A rental sign is posted in front of an apartment complex Tuesday, July 14, 2020, in Phoenix. (AP Photo/Ross D. Franklin)

The lower courts in Arizona’s largest county braced Monday for new filings allowing landlords to remove renters for failure to pay after a national eviction ban expired over the weekend, but officials said the brunt of any action isn’t expected for days.  

“Some believe there will be a large flood of case activity; others believe it will be just a light sprinkle, which builds gradually over time,” said Scott Davis, spokesman for the Maricopa County Justice Courts that oversee eviction filings in metro Phoenix. 

Davis said how quickly or dramatically things play out depends on landlords, who must follow certain legal steps before locking renters out. For a tenant previously protected by the moratorium ban who followed all the rules, a landlord had to wait until Monday to file a writ of possession, starting at least a five-day process unlikely to result in an eviction until next week, he said.  

“It can be easy to get caught up in the fear scenario that hundreds or even thousands of people suddenly will become homeless this week. This is simply not the case and the courts have taken steps to ensure this will not happen,” he said.  

Elsewhere in the Southwest, rental assistance is available in Nevada but the burden is on renters not landlords to seek help. In New Mexico, a state moratorium remains in place to prevent evictions for non-payment of rent.  

In Arizona, landlord advocacy groups like the Arizona Multihousing Association have encouraged members not to evict tenants who have applied for government funds to pay off back rent, but owners don’t have to follow that suggestion.  

The association’s president and CEO Courtney Gilstrap LeVinus said last month smaller property owners in particular have struggled for months to pay their own mortgages and taxes with many tenants not paying rent. 

“A lot of small landlords are having a very hard time,” said LeVinus.  

She said about 11% of the state’s landlords have been forced to sell at least one property and some 12% have left the rental business entirely. 

LeVinus said many landlords are working with tenants to get their back rent, waiving fees and helping them fill out government relief applications. But only about $67 million of Arizona’s nearly $900 million in rental relief funds had been distributed by late June.  

Phoenix tenant Donald Anderson said he was assisted by his own landlord and a dedicated caseworker with a nonprofit that’s helping distribute the government money. 

Anderson said working together they got more than $12,000 in government funds to pay back rent that piled up when he and his wife had to temporarily stop driving for Uber and Lyft.  

“Having a cooperative landlord really helps,” he said.