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5.6. HRSR 02-04-2019 Request for Action To Item Number Housing and Redevelopment Authority 5.6 Agenda Section Meeting Date Prepared by Consent February 4, 2019 Amanda Othoudt, EDD Item Description Reviewed by Modifications/Amendments to the Municipal Cal Portner, City Administrator Housing and Redevelopment Act Reviewed by Action Requested Receive report on modifications or amendments to the Municipal Housing and Redevelopment Act. Background/Discussion The HRA attorney has provided a review of the modifications or amendments to the Municipal Housing and Redevelopment Act. These updates will be reflected in ongoing processes and policies. Financial Impact N/A Attachments  EDA attorney memo dated January 7, 2019 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Offices in 470 U.S. Bank Plaza 200 South Sixth Street Kennedy Minneapolis Minneapolis MN 55402 & (612) 337-9300 telephone Saint Paul (612) 337-9310 fax Graven www.kennedy-graven.com St. Cloud Affirmative Action Equal Opportunity Employer CHARTERED MEMORANDUM TO: Elk River HRA Chair and Commissioners FROM: Gina Fiorini DATE: January 7, 2019 RE: Housing and Redevelopment Authority Legislative Update The HRA has historically received an annual update of legislative changes to the Municipal Housing and Redevelopment Act, Minnesota Statutes, Sections 469.001 to 469.047 and other legislative changes that are relevant to the HRA. Legislative changes enacted in 2018 pertinent to the HRA are outlined below.  There were no legislative changes to the Housing and Redevelopment Act.  Tax Increment Financing (TIF). There were no modifications to Minnesota Statutes, Sections 469.174 through 469.1794 in the 2018 legislative session.  Public Housing Rehabilitation and Housing Infrastructure Bonds. Chapter 214 (HF 4425/SF 4021) is the capital investment “bonding” bill. In it, the Minnesota Housing Finance Agency (“MHFA”) was authorized to issue $10 million in general obligation bonds for public housing rehabilitation, $30 million in housing infrastructure bonds to provide financing for permanent housing for those with behavioral health needs, and $50 million in housing infrastructure bonds to provide financing for non-profit housing projects. Effective July 1, 2018.  Low Income Housing Tax Credit Priorities. Article 3, section 1 of Chapter 214 amends Minnesota Statutes, Section 462A.222, subdivision 3 to change MHFA’s low income housing tax credit award process to favor residential rental housing projects financed with multifamily housing revenue bonds. For projects eligible for MHFA’s qualified allocation plan, MHFA will now prioritize projects that have received an allocation of tax-exempt multifamily housing revenue bonds ahead of other projects to the extent possible. In addition, MHFA’s qualified allocation plan may not have selection criteria beyond what is in federal law, must exclude per-unit cost limitations, cost reasonableness, or other similar restrictions, and must not adopt or impose any additional rules, requirements, regulations, or restrictions other than those required in federal law regarding the allocation of credits. Effective July 1, 2018. 550914v2 GAF EL185-13  Developer Challenge: Article 3, section 1 of Chapter 214 amends Minnesota Statutes, Section 462A.222 to provide a residential rental housing project developer who has received an allocation of tax-exempt multifamily housing revenue bonds standing to challenge MHFA’s qualified allocation plan. Effective July 1, 2018.  New Uses for Housing Infrastructure Bonds: Article 2, section 17 of Chapter 214 broadens Minnesota Statutes, Section 462A.37, subdivision 2 to authorize MHFA to issue housing infrastructure bonds for new uses including: o Affordable housing for seniors age 55 and older with annual incomes not greater than 50% of the metropolitan median income for persons in the metropolitan area or 50% of the statewide median for persons outside the metropolitan area. 80% of units must be occupied by at least one senior per unit. Senior projects serving households at 30% of the metropolitan median will be given a priority. o Manufactured home park improvements and infrastructure for land leased by low- and moderate-income manufactured home owners. o The above uses are in addition to current uses which include preservation of federally subsidized rental housing, permanent supportive housing for persons or families experiencing or at risk of homelessness, and land acquisition by community land trusts for single family homes for homeownership. Effective May 31, 2018. 2 550914v2 GAF EL185-13