HomeMy WebLinkAboutAgenda Packet 4-15-20 Work SessionApril 15, 2020, Work Session
EUGENE CITY COUNCIL AGENDA
April 15, 2020
12:00 p.m. CITY COUNCIL WORK SESSION Due to Governor Kate Brown’s Stay Home, Save Lives Executive Order to combat the spread of Covid-19, this meeting will be held remotely using virtual meeting technology. Information about online or other options for access and participation will be available at https://www.eugene-or.gov/3360/Webcasts-and-Meeting-Materials
Meeting of April 15, 2020;
Her Honor Mayor Lucy Vinis Presiding
Councilors Emily Semple, President Jennifer Yeh, Vice President Mike Clark Greg Evans Chris Pryor Claire Syrett Betty Taylor Alan Zelenka
12:00 p.m. CITY COUNCIL WORK SESSION
1.WORK SESSION: COVID-19 Update
2.WORK SESSION: Proposed Use of Affordable Housing Trust Fund Resources
April 15, 2020, Work Session
For the hearing impaired, an interpreter can be provided with 48 hours' notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours' notice. To arrange for these services, contact the receptionist at 541-682-5010. City Council meetings are telecast live on Metro Television, Comcast channel 21, and rebroadcast laterin the week.El consejo de la Ciudad de Eugene agradece su interés en estos asuntos de la agenda. El lugar de la reunión tiene acceso para sillas de ruedas. Se puede proveer a un intérprete para las personas con discapacidad auditiva si avisa con 48 horas de anticipación. También se puede proveer interpretación para español si avisa con 48 horas de anticipación. Para reservar estos servicios llame al 541-682-5010. Las reuniones del consejo de la ciudad se transmiten en vivo por Metro Television, Canal 21 de Comcast y son retransmitidas durante la semana.
For more information, contact the Council Coordinator at 541-682-5010 or visit us online at www.eugene-or.gov.
April 15, 2020, Work Session – Item 2
EUGENE CITY COUNCIL
AGENDA ITEM SUMMARY Work Session: Proposed Use of Affordable Housing Trust Fund Resources Meeting Date: April 15, 2020 Agenda Item Number: 2 Department: Planning and Development Staff Contact: Stephanie Jennings
www.eugene-or.gov Contact Telephone Number: 541-682-5529
ISSUE STATEMENT Eugene City Council and State Legislature both recognize traditional funding sources for affordable housing—especially federal sources—have declined over time. The reduction in resources available for affordable housing has challenged our community’s ability to meet the housing needs of Eugene residents with limited incomes. To help address this issue, Eugene City Council passed Ordinance No. 20609 (Attachment A) in April 2019 implementing a local construction excise tax that will contribute to an Affordable Housing Trust Fund. The ordinance went into effect on July 1, 2019. Eugene City Council also dedicated $500,000 in General Fund dollars through Senate Bill 1 in December 2019. During this work session, staff will provide a recommended allocation in accordance with the guidance provided by council during the work session held on July 24, 2019. At this time, a total of an estimated $800,000 in AHTF resources are available for allocation.
BACKGROUND In 2016, Oregon Legislature passed Senate Bill 1533 authorizing Oregon cities and counties to establish a construction excise tax. The law authorizes a city or county to tax new residential and commercial buildings, additions, and alterations. A CET is a one-time tax imposed on new construction where an established tax rate (percentage) is multiplied by the permit valuation of the construction permit. The CET is assessed at the time building permits are issued. On April 8, 2019, City Council passed an ordinance establishing a local CET. From July 1, 2019, through June 30, 2020, residential and commercial projects will be taxed at .33 percent of the permitted value of eligible improvements. Beginning July 1, 2020, and thereafter, the tax increases to .50 percent. During the first two years, CET charges will be offset by a reduction in System Development Charges and permit fees so that additional costs are not added to improvements subject to the tax. The revenue generated through the CET will accrue in the City’s Affordable Housing Trust Fund to support programs, incentives and services related to the housing of households earning 100 percent of area medium income and below. In addition, the City intends to designate $500,000 per year of City funds to the Affordable Housing Trust Fund. A fact sheet regarding the tax and its implementation is included as Attachment B.
CC Agenda - Page 1
April 15, 2020, Work Session – Item 2
On July 24, City Council held a work session discuss implementation of the AHTF including a proposed timeline, advisory committee structure, and potential uses for AHTF resources. During this work session, a motion passed directing that the vast majority of funds be used for direct assistance to renters and homebuyers. In October, the City Manager selected nine community residents to participate in the AHTF Advisory Committee. Five meetings occurred between October and February and included sessions on analysis of housing needs, renter housing development and assistance, homeownership housing and assistance, and lessons learned from other jurisdictions. The committee heard presentations from 10 guest speakers from area agencies, representatives of the Renter Protections Committee of the Housing Policy Board, and from the City of Bend. The Advisory Committee was unable to meet in late March due to coronavirus safety concerns. At the same time, there has been a substantial shift in the housing market and conditions and growing concerns regarding renter and homeowner stability. While significant additional federal resources are coming through direct payments and other funding, there is a significant need for renter assistance counseling and services as well as foreclosure prevention counseling in the near term. In addition, existing affordable rental housing for low-income persons may need short-term funding to maintain operations and critical resident services given expected delays and losses in rental income. Lastly, additional city staff capacity is needed to quickly create and implement entirely new programs in partnership with community agencies. There is a total of $800,000 in AHTF resources available for allocation. This includes $500,000 in General Fund dollars dedicated as a part of the Supplemental Budget process in December 2019 and an estimated $300,000 in CET revenue. The following potential allocation of AHTF resources for consideration is based on committee discussions, recommendations from the HPB Renter Protections Committee, recent discussions with affordable housing and social service providers, and a staff assessment of current conditions.
Renter Counseling and Assistance - $225,000 – Expand nonprofit agency capacity to provide renter counseling, hotline services, and support benefit applications to access rental assistance funds to maintain housing stability and prevent homelessness.
Forclosure Counseling and Assistance - $225,000 – Expand nonprofit agency capacity to provide foreclosure prevention counseling for homeowners in order to maintain housing stability and prevent homelessness.
Operating Support/Rental Assistance for Existing Affordable Housing - $350,000 – Existing affordable housing development typically have very limited reserves in order to provide low rents for residents. Many residents of affordable housing also may have greater health risks in the current environment. Project-based operating funds could be used to pay for critical operating costs and resident services due to reduced rental income. These resources would also provide an opportunity for agencies to adjust rents as needed to maintain housing stability and prevent homelessness.
CC Agenda - Page 2
April 15, 2020, Work Session – Item 2
Staff are continuing to work through how to administer this program as efficiently as possible in order to maximize impact of the AHTF. It is anticipated that some administrative costs will be shared by the AHTF.
PREVIOUS COUNCIL DIRECTION April 12, 2017 Work Session - City Council received an introductory presentation on SB 1533 and directed staff to pursue development of policy options for a CET in collaboration with HPB. December 13, 2017 Work Session – City Council reviewed a set of recommendations from the HPB for implementation of a CET. Council directed staff to continue engaging community stakeholders on implementation of a CET. April 9, 2018 Work Session – City Council continued discussion of options for a CET and directed staff to return with a process for council consideration that would identify existing barriers to housing affordability, availability and diversity of type. January 14, 2019 Council Meeting – City Council directed staff to create a draft CET ordinance and to schedule a public hearing. February 19, 2019 Public Hearing – Thirty-four people testified at the public hearing on an ordinance imposing a CET on residential and commercial improvements. April 8, 2019 Council Meeting – City Council adopted an Ordinance Concerning Imposition of a Construction Excise Tax on Commercial and Residential Improvements. July 24, 2019 Work Session – City Council discussed next steps for AHTF implementation and directed that the vast majority of funds be used for direct assistance to renters and homebuyers.
COUNCIL OPTIONS 1. Approve the allocation of Affordable Housing Trust Fund resources as outlined in the AIS. 2. Amend and approve the allocation of Affordable Housing Trust Fund resources. 3. Take no action.
CITY MANAGER’S RECOMMENDATION Approve the allocation of Affordable Housing Trust Fund resources as outlined in the AIS. Direct staff to return to council when future funds are available for allocation. Staff will continue to work with the AHTF Advisory Committee to explore possible uses.
CC Agenda - Page 3
April 15, 2020, Work Session – Item 2
SUGGESTED MOTION Move to direct the City Manager to allocate Affordable Housing Trust Fund resources as outlined in the AIS and return to Council when future funds are available for allocation.
ATTACHMENTS A. Ordinance No. 20609 B. Eugene Construction Excise Tax Overview and Frequently Asked Questions
FOR MORE INFORMATION Staff Contact: Stephanie Jennings, Community Development Division Telephone: 541-682-5529 Staff E-Mail: SJennings@eugene-or.gov
CC Agenda - Page 4
Ordinance - Page 1 of 4
ORDINANCE NO. 20609
AN ORDINANCE CONCERNING IMPOSITION OF A CONSTRUCTION EXCISE
TAX ON COMMERCIAL AND RESIDENTIAL IMPROVEMENTS AND ADDING
SECTIONS 3.730, 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 AND
3.748 TO THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Sections 3.730, 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 and
3.748 of the Eugene Code, 1971, are added to provide as follows:
Construction Excise Tax
3.730 Construction Excise Tax - Definitions. The following words and phrases as used
in 3.732, 3.734, 3.736, 3.738, 3.740, 3.742, 3.744, 3.746 and 3.748 of this code shall
have the following meanings:
Area median income. Lane County median household income by household size
as defined by the United States Department of Housing and Urban Development and
published periodically.
City Manager. The city manager or the city manager’s designee.
Commercial. Designed or intended to be used, or actually used, for other than
residential purposes.
Construct or construction. Erecting, constructing, enlarging, altering, repairing,
improving, or converting any building or structure for which the issuance of a building
permit is required by Oregon law.
Improvement. A permanent addition to, or modification of, real property resulting in
a new structure, additional square footage to an existing structure, or addition of living
space to an existing structure.
Net revenue. Revenues remaining after the administrative fees described in section
3.738 of this code are deducted from the total construction excise tax collected.
Residential. Designed or intended to be used, or actually used, for residential
purposes including any residential structure, dwelling, or dwelling unit.
Structure. Something constructed or built and having a fixed base on, or fixed to,
the ground or to another structure.
Value of improvement. The total value of the improvement as determined in the
process of issuance of the building permit.
3.732 Construction Excise Tax – Tax Imposed.
Attachment A
April 15, 2020, Work Session – Item 2CC Agenda - Page 5
Ordinance - Page 2 of 4
(1) Each person who applies to construct a commercial improvement in the city
shall pay a commercial construction excise tax in the following amounts:
(a) From July 1, 2019 through June 30, 2020: 0.33 percent of the value of
the improvement.
(b) Beginning July 1, 2020: 0.50 percent of the value of the improvement.
(2) Each person who applies to construct a residential improvement in the city shall
pay a residential construction excise tax in the following amounts:
(a) From July 1, 2019 through June 30, 2020: 0.33 percent of the value of
the improvement.
(b) Beginning July 1, 2020: 0.50 percent of the value of the improvement.
(3) The construction excise tax shall be due and payable prior to the issuance of
any building permit.
3.734 Construction Excise Tax - Exemptions.
(1) The construction excise tax shall not apply to any of the following improvements:
(a) Private school improvements;
(b) Public improvements as defined in ORS 279A.010;
(c) Residential housing that is guaranteed to be affordable, under guidelines
established by the United States Department of Housing and Urban
Development, to households that earn no more than 80 percent of the
median household income for the city of Eugene, for a period of at least
60 years following the date of construction of the residential housing;
(d) Public or private hospital improvements;
(e) Improvements to religious facilities primarily used for worship or education
associated with worship;
(f) Agricultural buildings, as defined in ORS 455.315(2)(a);
(g) Facilities that are operated by a not-for-profit corporation and that are:
1. Long term care facilities, as defined in ORS 442.015;
2. Residential care facilities, as defined in ORS 443.400; or
3. Continuing care retirement communities, as defined in ORS
101.020.
(h) Residential dwellings sold for $250,000 or less;
(i) Housing for low-income persons that is exempt from systems
development charges pursuant to section 7.725(c) of this code; and,
(j) Projects granted a multi-unit property tax exemption (MUPTE) by the city.
(2) Any person seeking an exemption may be required to demonstrate that the
improvements are eligible for an exemption and to establish all facts necessary
to support the exemption.
3.736 Construction Excise Tax – Refunds.
(1) A construction excise tax may be refunded to a person that:
(a) Establishes that the tax was paid for improvements that were otherwise
eligible for an exemption under section 3.734 of this code; or
(b) Establishes that construction of the improvements was not commenced
and the associated building permit has been cancelled by the city; or
(c) Establishes that the tax had been erroneously collected.
(2) A request for a refund shall be made within three years from the date of payment
of the construction excise tax on forms provided by the city manager. Denial of
a request for a refund may be appealed as provided for in section 3.744 of this
code.
3.738 Construction Excise Tax – Allocation.
April 15, 2020, Work Session – Item 2CC Agenda - Page 6
Ordinance - Page 3 of 4
(1) Revenues from the construction excise tax will be allocated to fund programs,
incentives, and services related to the housing of households earning 100
percent of area medium income and below, and in accordance with state law.
(2) Up to 4 percent of the taxes collected may be retained by the city for payment
toward the city’s administrative expenses related to collection and distribution
of the construction excise tax.
3.740 Construction Excise Tax – Interest and Penalties. In addition to assessing any
civil penalties, if the city manager determines that a person has failed to pay to the
city all or any part of the construction excise tax due under section 3.732 of this code,
interest shall be due on the entire unpaid amount, assessed at the rate of .833 percent
simple interest per month or fraction thereof (10 percent per annum), computed from
the original due date of the tax.
3.742 Construction Excise Tax – Implementing Rules. The city manager may adopt
administrative rules pursuant to section 2.019 of this code for implementation of
sections 3.732, 3.734, 3.736, 3.738, 3.740, 3.744, 3.746 and 3.748 of this code, the
billing and collection of the construction excise tax due thereunder, and enforcement
of those provisions.
3.744 Construction Excise Tax – Appeal. Any person aggrieved by any decision under
this code may appeal the decision in the manner provided in section 2.021 of this
code. The appeal shall be heard and determined as provided in section 2.021 of this
code.
3.746 Construction Excise Tax – Violations. No person required to pay a construction
excise tax under section 3.732 of this code may fail to state or to misstate the full
value of the improvement.
3.748 Construction Excise Tax – Program Review. Beginning in 2021, and every two
years thereafter, the city council shall review the overall management and outcomes
of the construction excise tax program.
Section 2. The System Development Charges (SDCs) of persons required to pay the
construction excise tax pursuant to Section 3.732 will be calculated in accordance with City Code
and the City’s adopted SDC Methodology. However, for the period of July 1, 2019 through June
30, 2021, the amount of the construction excise tax the person paid pursuant to Section 3.732
will be subtracted from the total amount of City-imposed SDCs the person owes. The person will
owe the total City-imposed SDC amount remaining after the construction excise tax is subtracted.
Also, the person will owe in its entirety the Regional Wastewater SDC. If the amount of the
construction excise tax the person paid pursuant to Section 3.732 exceeds the total amount of
City-imposed SDCs owed, the excess construction excise tax paid will be subtracted from a permit
fee the person owes.
April 15, 2020, Work Session – Item 2CC Agenda - Page 7
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Construction Excise Tax
What Is the Construction Excise Tax?
In 2016, Oregon Legislature passed Senate Bill
1533 authorizing Oregon cities and counties to
establish a construction excise tax (CET). In May
of 2019, the Eugene City Council passed an
ordinance establishing the tax in Eugene. The tax
will create a dedicated source of funding for
affordable housing. The law authorizes a city or
county to tax new residential and commercial
buildings, additions, and alterations. Specifically,
it applies to all improvements which result in a
new structure, additional square footage to an
existing structure, or addition of living space to
an existing structure.
Why is this tax needed?
Eugene City Council and State Legislature both
recognize traditional funding sources for
affordable housing – especially federal sources-
have declined. Because of this decline, our
community has fallen far behind in meeting the
housing needs of Eugene residents with limited
incomes. The money collected from the CET
will be put into the Affordable Housing Trust
Fund. This fund will provide critical funding and
is one part of a larger effort to help address the
housing challenge.
What does the CET pay for?
Money collected from the CET will go into the
Affordable Housing Fund, which will pay for
projects and programs that increase availability
and access to owner- and renter-occupied
housing that is affordable to lower income
community members. Examples of how these
funds may be used include:
• Gap financing for the development of new
affordable housing
• Acquisition of existing housing that will
become affordable
• Acquisition of land for future affordable
housing development
• Down payment assistance for home buyers
• Rental or security deposit assistance for
people who rent their homes.
CET resources will be used to supplement the
limited federal resources that support the City’s
existing federal affordable housing programs.
Revenues will be allocated to fund projects,
programs, incentives, and services related to the
housing of households earning 100% of area
medium income and below, and in accordance with
state law.
The City is in the process of forming a citizen
advisory committee that will advise on the use of
Affordable Housing Trust Funds resources. It is
anticipated that funds will be allocated to housing
programs and projects starting in early 2020.
Who needs to pay and when?
The CET is required to be paid by the developer or
property owner who is developing property within
Eugene city limits. The CET applies to certain
improvements to property that result in additional
square footage or improvements which create
additional living space. The CET is paid when the
permit is issued.
The CET goes into effect July 1, 2019. For the first
two years of implementation, the CET will be
offset by a reduction in system development
charges (SDC) equal to the amount of the CET. If
the SDCs are less than the total of the CET, permit
fees will be reduced to offset the total of the CET.
This means, for the first two years, there will be
no additional cost to development.
Who is exempt from paying the CET?
The following are exempt from the CET:
• Private school improvements
• Public improvements as defined
in ORS 279A.010
• Residential housing that is guaranteed
to be affordable to households that
earn no more than 80% of the median
household income for a period of at
least 60 years following the date of
construction
• Public or private hospital improvements
• Improvements to religious facilities
Attachment B
April 15, 2020, Work Session – Item 2CC Agenda - Page 9
Construction Excise Tax
primarily used for worship or
education associated with worship
• Agricultural building as
defined by ORS 455.315
• Long term care facilities operated by
a not-for- profit corporation, as
defined in ORS 442.015
• Residential care facilities
operated by a not- for-profit
corporation, as defined in ORS
443.400
• Continuing care retirement
communities operated by a not-
for-profit corporation, as defined
in ORS 101.020
• Residential dwellings sold for
$250,000 or less
• Housing for low-income persons
that is exempt from systems
development charges (SDCs)
pursuant to section 7.725c
• Projects granted a multi-unit
property tax exemption (MUPTE)
by the city.
To demonstrate a project is exempt
from the CET a Construction Excise Tax
Exemption Form must be completed,
signed, and submitted with the building
permit application identifying what
exemptions are applicable to the
project.
How much is the CET?
For the first year, the CET will be 0.33%
of the value of permitted work and will
increase to 0.5% the following year. It is
projected to remain at 0.5% for every
year thereafter.
How long is the CET active?
Based on legislation adopted in 2016, the
City can continue levying the tax for an
indefinite amount of time. Eugene City
Council will review the overall
management and outcomes of the
program every two years.
Whom can I contact for more information?
If you have additional questions, you may
contact the City of Eugene’s Building and Permit
Services by phone: (541) 682-5086.
Additional information on the affordable
housing programs and the advisory
committee can be found at:
eugene-or.gov/affordablehousingfund
What is “affordable housing” and how
can I learn more about City affordable
housing programs and resources?
Across the United States, housing costs are
considered “affordable” if the monthly rent or
mortgage, plus utilities, add up to no more
than one-third (or 30%) of gross household
earnings. Affordable housing developments
receive public subsidies in exchange for a
commitment to provide homes with limited
rents for people with limited incomes.
The City of Eugene has supported the creation
of affordable housing using both federal and
local funds for over 40 years.
www.eugene-or.gov/bps Planning & Development 99 W. 10TH Avenue, Eugene, OR 97401 Building and Permit Services P 541.682.5086 * F 541.682.5593
April 15, 2020, Work Session – Item 2CC Agenda - Page 10