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PROPOSED PERMANENT LOCAL HOUSING ALLOCATION APPLICATION AND PLAN FOR YEARS 2019 – 2023

UTILIZING SB 2 FUNDS – BUILDING HOMES AND JOBS ACT

The City of Burbank is soliciting public review and comment on the proposed Permanent Local Housing Allocation (PLHA) Application and Plan for 2019-2023 utilizing SB 2 funds available here – PLHA Application and Plan.

In 2017, Governor Brown signed a 15 bill housing package aimed at addressing the state’s housing shortage and high housing costs.  Specifically, it included the Building Homes and Jobs Act (SB 2, Atkins), which establishes a $75 recording fee on real estate documents to increase the supply of affordable homes in California.  The City of Burbank is a direct grantee of funds, and has prepared an Application and Plan for utilization of the funds through 2023.  Written comments on the proposed PLHA Application and Plan should be mailed or emailed to:

City of Burbank
Community Development Department
150 N. Third St.
P.O. Box 6459
Burbank, CA.  91510
Attn:  Maribel Leyland, Housing Authority Manager
E-mail: mleyland@burbankca.gov

The City of Burbank hereby gives notice that the proposed PLHA Application and Plan for 2019-2023 will be considered for approval at a public, televised meeting of the Burbank City Council on Tuesday, July 21, 2020 at 6:00 p.m., or as soon thereafter as the matter may be heard. The City is providing alternatives to in-person attendance for viewing and participating in City Council Meetings.   Instructions on how to view the meeting and submit comments during the meeting will be provided in the meeting agenda which will be posted online prior to the meeting date at https://www.burbankca.gov/departments/city-clerk-s-office/meeting-agendas-minutes

ALL INTERESTED AGENCIES, GROUPS OR INDIVIDUALS who wish to provide comments on the proposed Application and Plan are invited view the televised meeting and provide comments as posted on the Agenda.

BURBANK EVICTION MORATORIUM EXTENDED TO JULY 31, 2020

RENT REPAYMENT URGENCY ORDINANCE ADOPTED APRIL 21, 2020;  RENT REPAYMENT DATE - NOVEMBER 30, 2020

On March 17, 2020, the Burbank City Council adopted an urgency ordinance in response to COVID-19 and the Governor’s Executive Order N. 28-20 that waived certain Statutory restrictions enabling local governments to set limitations on residential and commercial evictions.  The moratorium was extended on June 23, 2020, and will expire July 31, 2020, unless amended or extended by the City Council here

The eviction moratorium extension protects both residential and certain commercial tenants from eviction for non-payment of rent due to COVID-19 through July 2020.  The moratorium extension excludes a commercial tenant that is a multi-national company, a publicly traded company, or a company that is not eligible for the Small Business Administration’s Paycheck Protection Program.  Furthermore, the moratorium extension requires a tenant unable to pay the rent to give notice to the landlord with the reasons for non-payment.  Finally, the tenant must retain verifiable documentation of the reason for the non-payment of rent and this documentation must be provided to the landlord no later than thirty days from the rent due date.

The extended eviction moratorium does not allow tenants to forgo the payment of rent.  The rent repayment provision was amended on April 21, 2020, through the adoption of an Urgency Ordinance for the Repayment of Rent (Ordinance link https://www.burbankca.gov/home/showdocument?id=53371 ).  The adopted rent repayment ordinance amends the eviction moratorium changing the repayment of back rent due, and added the repayment of late fees and/or penalties and interest, if any, to November 30, 2020.  It will expire November 30, 2020, unless extended by the City Council.

With the new rent repayment ordinance in place, commercial and residential tenants that were not able to pay April 2020 rent; and residential or qualified commercial tenants that could not pay May, June and July 2020 rent due to COVID-19, are given until November 30, 2020 to repay amounts due.  The rent repayment ordinance allows tenants the opportunity to work out a rent repayment plan for that back due rent, penalties or fees to November 30, 2020.

Additional updates, if any, will be posted to the City’s website.

More Questions?

Assembly Bill 1482: Tenant Protection Act of 2019

Assembly Bill (AB) 1482 was signed by Governor Gavin Newsom on October 8, 2019.  This new law put in place statewide rent caps along with just cause eviction standards for specific multifamily and rental properties.  The law has an effectiveness date beginning January 1, 2020, and will run through January 1, 2030.  Attached is a Frequently Asked Questions (FAQ) on the new law, and an Applicability Tool to help you determine if the new law applies to you.

AB 1482 Rent Cap Provision Excerpt

For complete bill text, visit https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB1482

The new Tenant Protection Act of 2019, to take effect January 1, 2020, sets in place rent caps for certain properties.  If you have read the full bill text, Frequently Asked Questions (FAQ) Summary, and the Applicability Tool posted on the City’s housing webpage, and believe the rent cap provision applies to you, please review the following information. 

The law states “an owner of residential real property shall not, over the course of any 12-month period, increase the gross rental rate for a dwelling or a unit more than 5 percent plus the percentage change in the cost of living, or 10 percent, whichever is lower, of the lowest gross rental rate charged for that dwelling or unit at any time during the 12 months prior to the effective date of the increase.”  Furthermore, the law defines “Percentage change in the cost of living” as “the percentage change from April 1 of the prior year to April 1 of the current year in the regional Consumer Price Index for the region where the residential real property is located, as published by the United States Bureau of Labor Statistics. If a regional index is not available, the California Consumer Price Index for All Urban Consumers for all items, as determined by the Department of Industrial Relations, shall apply.” 

The allowable increase is based on the gross rental rate in effect on March 15, 2019.  If there have been rent increases since March 15, 2019, then on January 1, 2020, the rent is rolled back to the March 15 amount plus the allowable increase under the cap. 

The website link for the United States Bureau of Labor Statistics western region, to obtain the CPI to utilize in rent calculations, is posted here https://www.bls.gov/regions/west/news-release/consumerpriceindex_west.htm for your reference.  Should you have any further questions on calculating rent increases, please contact one of the many resource agencies as posted on the AB 1482 FAQ and again below.

Resources:

Housing Rights Center (800) 477-5977 www.housingrightscenter.org

  • Housing Rights Center Virtual Services - The Housing Rights Center is providing virtual educational workshops three times a week beginning April 1st. HRC Virtual Services

Department of Consumer Affairs (800) 952-5210 www.dca.ca.gov

Neighborhood Legal Services (800) 433-6251 www.nlsla.org/

Legal Aid Foundation (800) 399-4529 www.lafla.org/

BASTA, Tenant Rights Org (213) 736-5050 www.basta.org/

Tenants Together (888) 495-8020 www.tenantstogether.org/  Tenants Together AB 1482 Toolkit

Landlord Tenant Commission  This City Council appointed-Commission meets the first Monday of the month (unless otherwise posted), and provides information, education and mediation.

Homelessness Prevention and Diversion Programs 

There are multiple homeless prevention and diversion services available to help individuals and families who are at-risk of homelessness.  These services include landlord mediation & advocacy, temporary rental assistance, reunification assistance, transportation expenses, income and housing stabilization, counseling, and much more.  Click here (FAQ) to learn more.  In addition, a Homeless Prevention and Diversion Resource List (click here) is also available.

Burbank 2017 Housing Strategy

One of the goals of the City Council is to provide a diverse mix of housing options for all segments of the population.  The City seeks to protect single family neighborhoods while implementing projects and programs that encourage:  affordable, subsidized housing for lower-income persons and households; housing options for the Burbank workforce; and housing alternatives overall to meet the varying needs of current and future residents.  The 2017 housing strategy includes an analysis on:  housing type definitions; recommendations for limited financial resources; and seven (7) housing policies.  Action items related to the housing policies will require further Council consideration as projects and programs are developed - Housing Action Plan.


Affordable Housing in Burbank

The City of Burbank, like many communities in California, maximized the use of its former Redevelopment Agency Housing Set-Aside Funds to improve neighborhoods and to address the needs of the most vulnerable members of the community. During the life of the former Redevelopment Agency, over 1,600 affordable housing units have been created, an independent living facility for individuals with cerebral palsy was constructed, and transitional housing programs were developed for:

  • Victims of domestic violence;
  • Homeless families, and;
  • Young adults and emancipated youth who are homeless or who are at risk of becoming homeless.
  • United States Veterans who are homeless or who are at risk of homelessness (in process – December 2014 completion)

These past successes are something that the City of Burbank is very proud of. However, due to passage of Assembly Bill (AB) 1X 26, redevelopment agencies across California have been eliminated as of February 1, 2012, removing the primary local tool for creating affordable housing for hardworking families while revitalizing neighborhoods.

As a result of the dissolution of the Redevelopment, the City of Burbank’s primary funding source for affordable housing is now through the Federal HOME Investment Partnership Fund (HOME Program). Since 1992, Burbank has received approximately $15 million in HOME funds from the Federal government. Although a significantly smaller funding source than the former Redevelopment Agency Housing Fund, the City of Burbank fully utilizes its HOME entitlement to create affordable housing opportunities in Burbank.

Beginning in Fiscal Year (FY) 2014-15, the City of Burbank will have a second dedicated funding source for affordable housing. The former Redevelopment Agency accumulated roughly $50 million in debt from the City of Burbank that will begin to be reimbursed in FY 2014-15. Pursuant to AB 1484, 20 percent of these annual payments must be reserved for affordable housing purposes. It is estimated that the City of Burbank will receive approximately $10 million in the next 10 to 12 years that will be used for the specific purpose of expanding affordable housing in Burbank.   

Affordable Housing in Los Angeles County

Affordable, Low-Income, Senior, and Veteran Housing opportunities are available in Los Angeles and Ventura Counties. The lists below include contact information, type of housing, and application information on wait-list periods. Please call buildings directly to verify available vacancies, eligibility, waiting lists, and income requirements.

Regional Housing Needs Allocation and Housing Elements

Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the state). General plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and include seven elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction’s general plan is known as “housing-element law.”  California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain), housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements.

For a summary of projects that have been constructed, approved and planned for the future please click here.

Burbank Housing Authority

The Burbank Housing Authority was formed in 1975 for the purpose of administering the Federal Section 8 Rental Assistance Program. The funds for this program are provided by the U.S. Department of Housing and Urban Development on an annual basis. The Section 8 Voucher Program provides rent subsidy payments directly to landlords on behalf of very low income tenants. The Section 8 Voucher Program also provides a tremendous resource in the city for the provision of affordable housing opportunities for very low income people.

On January 31, 2012, the City Council and Housing Authority adopted resolutions designating the Housing Authority of the City of Burbank as the entity to retain without limitation, all of the housing assets (except any monies in the Low and Moderate Income Housing fund), rights, powers, duties, obligations, liabilities and functions previously performed by the former Redevelopment Agency.

Additional State and Federal Affordable Housing Resources
The following governmental links provide additional affordable housing resources:

Housing Asset Transfers List

Successor Housing Agency - Burbank Housing Authority

Equal Opportunity and Fair Housing

fairhousing_logo

Fair Housing Laws prohibit discrimination based on:

  • Race or Color
  • National Original or Ancestry
  • Religion
  • Gender
  • Sexual Orientation
  • Marital Status
  • Age / Familial Status (having children or being pregnant)
  • Mental or Physical Disability
  • Source of Income

Resources on Fair Housing:

  • Housing Rights Center (HRC) is a non-profit civil rights organization dedicated to fighting housing discrimination. For free assistance please call: Toll Free (800) 477-5977 or visit www.housingrightscenter.org 
  • The Office of Fair Housing and Equal Opportunity (FHEO)administers and enforces federal laws and establishes policies that make sure all Americans have equal access to the housing of their choice. http://portal.hud.gov/hudportal/HUD?src=/program_offices/eeo

 

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