Housing
Association of Delaware Valley
Legislative Update October 18, 2006
National
Update:
New Legislation:
The House of Representatives has earmarked $30 million to keep HOPE VI alive through 2011. The Senate approved $100 million for HOPE VI in its version of the FY2007 appropriations bill. Differences in the two versions of the bill will be ironed out in Conference Committee. The Bush Administration had slated the program for elimination. HOPE VI has approximately $3 billion in unspent money.
The full appropriations spending did not pass both houses before the October recess. The federal government is being funded on the basis of a Continuing Resolution (CR) through November 17th. Up until 2006, when the government operated under CR, funding continued at the previous year’s level. The 2005 change funds CRs at the LOWEST rate among the Senate-passed funding level, the House-passed funding level or the current program funding, so if either house voted to cut funding for program, that cut is effective immediately upon funding by CR.
An omnibus spending bill funding all federal programs is expected to come out of Congress after the elections. Across the board spending cuts are expected because Congress reallocated $5 billion to the FY07 Defense Appropriations Bill that had originally been targeted for housing, community development, and health & human services.
Congress passed the FY07
Homeland Security Appropriations bill (H.R. 5441). H.R.5441 amends current law to explicitly
allow disaster victims to use their cash assistance for security deposits and
utility bills, alleviating a significant burden for displaced low-income
families in maintaining stable temporary housing without increasing the overall
costs of disaster assistance.
The bill also eliminates ceilings within this $26,000 of assistance available, such as the cap of $5,200 for the repair of a damaged unit and $10,400 for its replacement, and gives FEMA the flexibility to provide modular housing units, such as Katrina Cottages, after a disaster.
Other
Legislation
H.R. 5121 Federal Housing Administration Reform Bill: would promote homeownership by giving the FHA flexibility in setting mortgage insurance premiums according to the borrower’s risk, and authorizing no-downpayment loans. The companion bill is S.3535, introduced in the Senate and referred to the Banking Committee.
H.R. 1561 GSE Reform—Affordable Housing Trust Fund was passed in the House, and the
companion bill S. 190 awaits action in the Senate. The Senate Banking Committee reported the
bill out favorably in July of 2005. The
legislation would require Fannie Mae and Freddie Mac to use a portion of their
after-tax earnings to finance an Affordable Housing Trust Fund. The Senate version requires that a new
regulator for GSEs establish portfolio limits.
GSEs want voluntary portfolio limits, not mandatory ones.
Before adjourning for midterm elections, the House passed two housing affordability bills supported by NAR - H.R. 6115 and H.R. 5503.
H.R. 6115, the "Market-to-Market Extension Act," sponsored by
Deborah Pryce (R-OH), would extend the Mark-to-Market program for Section 8
project-based housing for one year. Essentially the program decreases rents in
Section 8 properties by allowing property owners to restructure their debt. The
Mark-to-Market program was established in 1997 to preserve project-based
Section 8 housing, while reducing costs to the federal government. More than 2,200
properties have gone through the Mark-to-Market process, preserving units for
more than 188,000 families. Housing & Urban Development (HUD) estimates
additional properties could be preserved through this process. Also passed, H.R.
5503, the "FHA Multifamily Loan Limit Adjustment Act," sponsored
by Gary Miller (R-CA), would increase the multifamily loan limits in high-cost
areas to 170 percent above the base limit and give HUD the discretion to
increase the limit to 215 percent on a case-by-case basis. H.R. 5503 provides
adequate assistance to families who do not have access to subsidized
housing. Both bills now move to the
Senate where action is uncertain.
Calls from Congress for HUD Secretary Resignation
In light of revelations that HUD Secretary Jackson illegally awarded contracts on the basis of contractor support for Administration policies, the Ranking Member of the House appropriations subcommittee with jurisdiction over HUD, Representative John Olver (D-MA), called on President Bush to ask for Secretary Alphonso Jackson’s resignation immediately. No resignations are expected until after the elections.
State Update:
HR 4772 is being pushed through the House as a
property protection bill that would severely limit the use of eminent
domain to address cities' and counties' revitalization needs. HR 4772 amends
federal statutes that govern the federal courts, giving them precedence over
state courts in eminent domain cases, even though the power of eminent domain
is exercised under state law. The
Pennsylvania Association of Housing and Redevelopment Agencies (PAHRA) is
strongly opposed to this bill. PAHRA
and the Housing Alliance ask you to call your Congressman immediately and ask
for him/her to vote against SB 4772.
S.B. 1158 – allows tax credits for homeowners who make
improvements to their homes to meet visitability standards.
House Bill 2799 (Taylor, R), which enhances the Neighborhood Assistance Program (NAP), was unanimously approved by the PA House of Representative in June 2006. Now it needs to be moved forward in the Senate before it can become law. NAP provides state tax credits to businesses that invest capital to generate or establish projects that improve lower income neighborhoods. The proposed legislation improves the program in several ways.
1) It
makes the tax credits more valuable and competitive:
· It increases the tax credits for 5-year investments made in “comprehensive service projects” to 80% (up from 70%).
· For investments in the comprehensive services projects that are longer than 5 years, the credit goes to 90% up from 70%.
· For “special program priorities” it increases the tax credit value to 80% (up from 70%).
2) It increases the cap on credits which can be granted annually to a for profit business to $2 million. This will allow businesses with a regional or statewide footprint, such as banks, to make NAP contributions throughout their footprint.
3) It allows for the sale, or assignment, in whole or in part, of tax credits subject
to guidelines established by the Secretary of DCED.
HB2799 is currently in the Senate Finance Committee chaired by Senator
Jane Earll (R, Erie). In order for it to become law, it needs to move out of
committee and be approved by the Senate. It then needs to go back to the House
for concurrence before the end of legislative session (mid November).
The Senate Urban Affairs and Housing Committee is currently considering a bill that would regulate and standardize the disposition of tenant possessions if they abandon the property. Senator Jim Ferlo's office is seeking feedback on the bill from housing advocates.
Bill to Create
a State Historic Preservation Grant Program Introduced
In June, State Senator Piccola (R-Dauphin) introduced legislation that would create a state historic preservation grant program to allow up to $15,000 for rehabilitation of a residential property and $500,000 for a commercial property (including multifamily residential). Through the Growing Greener bond initiative, up to $10 million annually has already been secured for the program, but legislation is needed to establish the program as an independent preservation and rehabilitation grant.
Commonwealth
Sues Payday Lender
On September 28th, the Commonwealth sued one
of the nation's largest payday lenders to stop it from offering its short-term,
high-cost loans in Pennsylvania. The
suit against Advance America, which operates 100 offices in the state,
including several dozen in the Pittsburgh area, was filed in Commonwealth Court
in Philadelphia by the Department of Banking in order to protect
consumers. The suit accuses Advance
America of operating without a state license and charging illegally high
interest rates and fees. It asks for an injunction to stop the company from making
the loans. As a result of pressure from
consumer advocates earlier this year, Advance America and other payday lenders
stopped making traditional payday loans in Pennsylvania earlier this year. In June, Advance America renewed its efforts
with a new type of loan that the state banking department considers a disguised
payday loan, because borrowers agree to repay the loans in one or two weeks
with their next paycheck.
Easton PHA Gets $20 Million To Slash Public Housing In Half
The Easton Housing Authority will receive $20 million in HOPE VI funding to demolish the 250 unit Delaware Terrace public housing complex. In its place, single-family homes, duplexes and townhouses will be built for 126 families. Eighty-three units will be for homeownership and 43 will be affordable rentals. Since 1992, 150,000 homes have been demolished under the HOPE VI program.
Mechanics
Lien Law Changes Go Into Effect January 2007
On June 29, 2006, Governor Rendell signed House Bill 1637, which significantly changes the Pennsylvania Mechanics Lien Law. When the bill, now known as Act 52 of 2006, becomes effective on January 1, 2007, it will prohibit a contractor from waiving both its right and the right of its subcontractors to file mechanic’s and materialman’s liens against a project. An exception is made for residential construction projects if the contract is valued at less than $1 million.
Mechanic’s liens and materialman’s liens are a
special problem for owners, lenders, bonding companies and title insurers. A
lien provides a subcontractor with the means of compelling payment directly
from an owner, who usually is under no contractual obligation to a
subcontractor. This is a problem for an owner, because the owner, in most
instances, already has paid the contractor and expects the contractor to pay
its subcontractors. Also, in the case of new construction, mechanic’s and
materialman’s liens take priority from the “date of the visible commencement
upon the ground of the work of erecting or constructing the improvement” This
creates another problem – the possibility that the lien’s filing will not only
result in an increase of the project’s cost, but also will jeopardize the
lender’s position as the holder of the first lien.
To address these problems, owners, lenders, bonding companies and title companies previously had a contractor waive both its rights and its subcontractors’ rights to liens. It remains to be seen what changes in practice will occur after January 1, 2007, when such waivers will not be permitted. The Act affords some protection to a lender’s lien position in it provides that the lien of either a purchase money mortgage or an open end mortgage securing a loan to finance construction will be prior to a mechanic’s lien or materialman’s lien.
Such protection, however, does not help with increased project costs due to subcontractor’s liens for amounts which were paid to contractors but not passed along to subcontractors. When the Act becomes effective, it may become more common for lenders to issue draws by two-party checks to be signed by both the contractor and the subcontractor. Two-party checks, however, often create practical problems.
Local Update:
Bill No. 060732: “An Ordinance amending Title 14 of The Philadelphia Code, entitled, ‘Zoning and Planning,’ by adding a new Chapter establishing inclusionary affordable housing, by requiring that developments receiving city funding, tax abatements, or zoning approval, consisting of a 20 or more dwelling units, provide at least ten percent (10%) of those units for affordable housing or provide other options for affordable housing, all under certain terms and conditions.”
Bill
No. 060699 Proposes an amendment to the Philadelphia
Home Rule Charter to create an independent Philadelphia Zoning Code Commission,
which would recommend amendments to the Philadelphia Zoning Code to make the
Code consistent and easy to understand, and to enhance and improve Philadelphia’s
city planning process while encouraging development6 and protecting the
character of Philadelphia’s neighborhoods.
Introduced by Councilmen DiCicco and Kenny and referred to the Committee
on Law and Government.
Bill No 060683
proposing an amendment to the Home Rule Charter to provide for the
composition of the Zoning Board of Adjustment.
The proposal is to provide that the five appointed members of the ZBA
include an architect, an urban planner, a traffic engineer, a land use
attorney, and a representative of Philadelphia community groups.
L&I
Institutes New Certificate of Rental Suitability for Landlords
In March 2006, City Council passed a
Certificate of Rental Suitability bill requiring all property owners to provide
a Certificate of Rental Suitability issued by the Department of Licenses and
Inspections (L&I) to new tenants. City
Council Bill No. 060010-A. L&I
has created an on-line application system to allow licensed property owners to
apply for a Certificate of Rental Suitability directly through the L&I web site,
http://www.phila.gov/li/faq/rental/rental.html. There is a $25.00 fee for the Certificate,
and a $3 service charge for on-line processing.
At the start of each new
tenancy, an investment property owner must:
·
Provide
the new tenant with a Certificate of Rental Suitability issued by the
Department of Licenses and Inspections.
·
Provide
the new tenant with copy of the publication, City of
Philadelphia Partners for Good Housing.
·
Attest
that all fire and smoke detection equipment required for the premises is
present and in proper working order, and that the operating systems and
property are free of defects which affect the health and safety of the
occupants.
Election preview:
Strong housing advocates are in line to take key
roles in the House of Representatives.
If Democrats take control of the House, Rep. Barney Frank (D-MA) would
chair the House Financial Services Committee and Rep. Charles Rangel (N-NY)
would head the House Ways and Means Committee.
California’s Proposition 1C would create an affordable housing funding stream with $2.85 billion in bond sales. The funds would finance infill development, brownfield cleanup needed for infill, housing related parks, and other housing programs. The City of Los Angeles also has an affordable housing trust fund measure on the ballot.
Arizona, California, Florida, Georgia, Idaho,
Louisiana, Michigan, Montana, Nevada, New Hampshire, Oregon, South Carolina and
Washington have ballot measures to curb the ability of municipalities to take
private property by eminent domain.
Election Day is Tuesday,
November 7th. Vote!
Housing Association of
Delaware Valley
Legislative Update September 20, 2006
National Update:
HUD Cuts:
Section 8
terminations to begin in January.
The Passaic Housing Authority in NJ announced that it will be removing 385 families from Section 8 assistance at the end of the year because of HUD subsidy cuts. Nationwide, HUD announced earlier this year that PHAs would have to make due with 92% of FY 2005 funding. In June, HUD revised those figures and required PHAs to operate with 85% of 2005 funding, and made the order retroactive to January 1, 2006.
As PHAs across the country deal with a combination of less federal funding and higher operating costs, particularly utility bills, more residents will be pushed out of subsidized housing programs.
New Legislation:
Senator Jim Talent (R-MO) introduced S. 3535, the "Expanding American Homeownership Act of 2006." Cosponsoring are Senators Martinez (R-FL), Isaakson (R-GA) and Chambliss (R-GA). The legislation is the companion to H.R. 5121, the bill that passed the House Financial Services Committee in May, and was largely incorporated into the HUD Appropriations bill. S. 3535 would increase the FHA loan limits, eliminate the downpayment requirement, extend the loan term from 30years to 40 years, allow FHA to risk-based price their loans, move the condo insurance program into the single-family fund, and eliminate restrictions on reverse mortgages. The bill also makes some changes to the FHA manufactured housing insurance program.
Representative Todd Tiahrt (R-KS) introduced H.R. 5766, a bill providing for sunset commissions to make proposals on the future of all federal programs. The House Leadership promised the Republican Study Committee, that in exchange for RSC support of the FY07 House budget resolution, the RSC would be given an opportunity to bring a sunset commission bill to the House floor. Under H.R. 5766, the president and Congress would establish sunset commissions focused on various areas of government programs. The president would appoint all seven members of each commission. Commissions would submit recommendations and legislative proposals on whether programs and policies are achieving their missions and goals and whether there is duplication or conflict with other federal, state and local agencies or with the private sector. A commission’s proposal would also recommend whether the programs should be reorganized, consolidated, abolished, expanded or transferred to another agency. Sunset Commission recommendations would go to the House floor for consideration without hearings and without public participation. The bills establishing sunset commissions were pulled from the House floor during the summer and will no longer be considered.
Homelessness:
The Advancement Project, a group of civil rights activists, has filed suit to stop HUD from demolishing 5000 units of public housing in New Orleans and replace them with mixed-income housing. The lawsuit asserts that the defendants’ actions have had a disproportionate impact on low-income African Americans. The plaintiffs claim that abuses occurred when HUD intentionally failed to reopen undamaged public housing units whose residents were African American, when they failed to repair damaged units, and when they announced the plan to demolish 5,000 public housing units in the City of New Orleans.
The Advancement Project claims that the proposed demolition is designed to keep low-income African Americans from returning to the city in violation of fair housing laws, equal protection guarantees and international law law concerning internally displaced persons’ right to return. HUD believes the homes were damaged beyond repair by Hurricane Katrina. www.justiceforneworleans.org
Homeless
and Low-Income Voter Registration
July 27th was designated as National Homeless and Low Income Voter Registration Day. Local housing and related organizations around the country organized voter registration events for the people they work with on that day. National Homeless and Low Income Voter Registration Day is co-sponsored by NLIHC, the National Coalition for the Homeless, and the National Law Center on Homelessness & Poverty. National Homeless and Low Income Voter Registration Week will be held September 25th through the 29th. October 10th is the deadline for Voter Registration.
Earmarked
Homelessness Funding Ties the Hands of Service Providers
The President's FY 2007 budget includes a proposal to add $209 million to HUD's homeless assistance programs. These funds would be earmarked, however, for the "Samaritan Permanent Housing Bonus," a currently unauthorized program that would provide permanent housing and case management services for the long-term or "chronic" homeless population. Service providers and advocates feel that the proposed increase in funds should not be earmarked.
The combination of housing and case management that is contemplated under the Samaritan Permanent Housing Bonus is already an eligible activity under the McKinney-Vento program. Therefore, a new program is not needed. By earmarking the funds for the President’s “Samaritan” program, the administration ties the hands of current grantees, as funds could not be used for supportive services beyond case management such as mental health and substance abuse treatment, or job training assistance. Rather, HUD should be HUD required to spend McKinney-Vento funds on the wide range of homeless assistance activities, including permanent housing, transitional housing, and supportive services.
Anti-Homeless Assistance
Bill Passed in LasVegas
The Las Vegas City Council passed an ordinance on July 19th that bans providing food or meals to the indigent for free or a nominal fee in parks. The measure is an attempt to stop so-called "mobile soup kitchens" from operating in parks, where residents say they attract the homeless and render the city facilities unusable by families. The American Civil Liberties Union of Nevada called the ordinance blatantly unconstitutional, unenforceable and the latest attempt by the city to hide and harass the homeless instead of constructively addressing their plight.
State Update:
New PHFA
Home Repair Loan Program – Keystone Renovate & Repair
PHFA introduced a new home repair
loan program, the Keystone Renovate & Repair (R&R) Loan Program. The
program will fill a gap in the home repair lending market and to help prevent
homeowners from becoming victims of predatory lending practices. The program is
designed to help households with incomes up to 150 percent of the greater of
the statewide or area median incomes. R&R loans will be provided to
eligible homeowners through PHFA-approved Local Program Administrators (LPAs).
Eligible LPAs include CDCs, housing authorities, redevelopment authorities,
community action agencies, municipalities, lenders, and other nonprofits. Attendance at a PHFA program Information
Session was mandatory for organizations wanting to be considered for the
September 29th LPA application deadline. PHFA will be evaluating LPA
applications on September 29, 2006, with the first approval letters being
issued on October 31, 2006. Thereafter, applications will continue to be
reviewed as they are received.
State Sen. Shirley Kitchen (D-Phila.) announced that foreclosure clinics will be held in her Philadelphia District Office on Saturday, September 30th, providing free legal consultation for consumers in the area. These foreclosure clinics will educate consumers regarding potential pitfalls associated with mortgages. This clinic will provide consultation on mortgage disputes, mortgage foreclosures, real estate fraud, bankruptcy, and debt collection. Philadelphia consumer attorneys will provide legal advice on these matters free of charge to Third Senatorial District constituents.
The foreclosure clinic will take place 10 a.m. to 3 p.m. at 1701 W. Lehigh Ave,
Suite 104, in Philadelphia. After the clinic, State Senator Kitchen will offer
three Mortgage Foreclosure Seminars starting in October to further educate her
constituents. In the last year, Pennsylvania foreclosures increased by 42%,
which is higher than the national average. Across the state, approximately
12,500 homes went into foreclosure during the first quarter of 2006. In
Philadelphia alone, well over 100 homes are listed for Foreclosure Sheriff's
Sale per month. Interested participants may call 215-227-6161 for more
information.
According to RealtyTrac’s Foreclosure Market Report, July
2006 foreclosures added up to a 5% increase over June, and an 18% increase over
July of 2005. Most foreclosures
nationwide are occurring in Texas, Florida, California, Michigan, Ohio and
Illinois.
Low Income Home Energy Assistance Program Subject
to New Restrictions
The Low-Income Home Energy
Assistance Program (LIHEAP) provides vital support to people unable to pay
their heating costs during the winter.
This program, which assisted more than 350,000 Pennsylvania families
last year, will be up for debate in September.
Among other issues, Pennsylvania is considering changing the eligibility
requirements: in 2005, a family of four making below $29,025 qualified for the
program, but new proposals will limit aid to families making below $27,000. About 68,000 families would no longer
receive assistance under this plan. Advocates are asking community partners to
write to our state representatives and
to ask them to set eligibility levels at 150% of poverty.
Governor Signs Increase in
State Minimum Wage
On July 9, 2006, Pennsylvania Governor Edward G. Rendell
signed into law the first minimum wage increase in Pennsylvania in nearly 20
years. The wage increase, which raises Pennsylvania’s minimum wage by $2.00 to
$7.15 per hour, will be phased in over a maximum period of two years. For employers with more than 10 full-time
employees, the first minimum wage increase will take effect on January 1, 2007
with the rate increasing to $6.25 per hour. A second increase to $7.15
per hour will take effect on July 1, 2007. The minimum wage increase will
take effect more slowly for smaller employers with 10 or fewer full-time
employees. Small employers who meet this exemption will be required to
pay $5.65 per hour beginning January 1, 2007; $6.65 per hour beginning July 1,
2007; and $7.15 per hour on July 1, 2008.
In May, The
Pennsylvania legislature passed Act 34 and Act 35 of 2006, to specifically
prohibit the use of eminent domain to benefit a private enterprise or private
business. The Acts create a stricter standard for which properties can be
condemned under eminent domain. Before the Acts, the taking of property could
occur only once a property was declared blighted or made part of a
redevelopment plan. The new legislation
applies a stricter standard to
determine how a property is blighted, by looking at each property on a
case-by-case basis. Under the Acts, a designation of blight will automatically
expire in 20 years. While property can still be condemned for construction of
public roads, streets or highways, or for a low income or mixed income housing
project, the courts must determine when a taking for a road improvement is for
the benefit of a private entity – or if a taking for a mixed income housing
project constructed by a for-profit developer is still a public purpose.
The definition of blight was amended for multiple-unit properties. To acquire multiple units of property by eminent domain, a condemnor is authorized to declare blight within or outside of a redevelopment area only if a majority of the units of property meet any of the requirements defined in Section 205 and represent a majority of the geographical area.
The new law takes effect on September 1, 2006, except in Pittsburgh, Philadelphia and Norristown. For those cities, the new law will take effect in 2013 to allow ongoing projects to continue. This two-tier effective date may make the law subject to court challenges, and might work to encourage local governments in these cities to rush into condemnations before the 2013 deadline. For now, each project and condemnation will be evaluated on a case-by-case basis as the law in Pennsylvania continues to evolve.
Local Update:
The PA House Urban Affairs Committee is holding a hearing on Philadelphia’s Neighborhood Transformation Initiative (NTI) on Thursday, September 21 at 10:00 a.m. in Room 202 of City Hall. The purpose of the hearing is to explore the state’s role in facilitating the reclamation of vacant, abandoned property.
Rick Sauer from PACDC, Eva Gladstein, now head of NTI, and Housing Alliance
Executive Director Liz Hersh will all be testifying about the need for more
tools to get abandoned property quickly, easily and inexpensively into the
hands of developers, to build affordable homes and revitalize communities. The Housing Alliance position is that the
state needs to adopt new tools to facilitate the efficient recycling of
properties–-reform of tax foreclosure, establishment of an accountable and
sensible land bank, and vacant property receivership for cases where there is
no other mechanism for intervention.
Bill No. 060543, Introduced by Councilmembers Blackwell, Reynolds Brown, Tasco, Goode, Ramos and DiCicco and Referred to the Committee on Housing, Neighborhood Development and the Homeless. Would amend the Housing Trust Fund bill by requiring that the Housing Trust Fund Oversight Board make its funding recommendations to both City Council and the Office of Housing and Community Development and requiring Council approval by resolution the award of Housing Trust Fund Dollars.
On August 23rd, Mayor Street announced the awarding of $6 million of Housing Trust Fund resources to support affordable housing projects. This is the first of the Housing Trust Fund resources to be awarded. As a result of an RFP issued in April of 2006 for the development of rental and homeownership housing, 15 nonprofits were awarded funding to support nine rental and seven homeownership projects producing 465 units of affordable housing throughout Philadelphia.
Housing
Trust Fund RFP - 2006 Awards
|
Project Name |
Applicant |
#
of Units (R=Rental) (H=Homeownership) |
Amount Awarded |
|
Angela
Court II |
St. Ignatius Nursing Home |
54 (R) |
$150,000 |
|
Dual
Diagnosis Program |
Impact Services Corporation |
8 (R) |
$600,000 |
|
Evelyn
Sanders Townhouses Phase 1 |
Women’s Community Revitalization Project |
40 (R) |
$575,000 |
|
Fattah Homes |
People’s Emergency Center CDC |
6 (R) |
$340,000 |
|
Inglis Gardens at Germantown |
Inglis Housing |
15 (R) |
$395,000 |
|
Mantua Presbyterian Apartments |
PresbyHomes & Services |
66 (R) |
$350,000 |
|
Melon Support Independent Living |
1260 Corporation |
10 (R) |
$325,000 |
|
St. Elizabeth’s Recovery Residence |
Project H.O.M.E. |
24 (R) |
$500,000 |
|
St. John Neumann Place |
St. John Neumann Place, LP |
75 (R) |
$265,000 |
|
Hunter School Homeownership |
Norris Square Civic Association |
50 (H) |
$1,000,000 |
|
Pradera Phase II |
Asociacion de Puertorriquenos en Marcha (APM) |
53 (H) |
$500,000 |
|
Forgotten Blocks II & III |
Allegheny West Foundation |
22 (H) |
$423,000 |
|
Francisville Homeownership |
Community Ventures |
8 (H) |
$300,000 |
|
Hunting Park HRP |
Nueva Esperanza, Inc. |
14 (H) |
$100,000 |
|
Southwest Philadelphia Revitalization Initiative |
Bd of Directors of City Trust |
5 (H) |
$90,000 |
|
St. Elizabeth V Homeownership |
Project H.O.M.E. |
15 (H) |
$87,000 |
|
TOTAL |
|
465 |
$6,000,000 |
Court decisions handed down in late August by Philadelphia Judges will have a chilling effect on the longstanding rights of community organizations and neighborhood groups to appeal variances granted by the Zoning Board. Common Pleas Judge Joseph Dych ruled that: “…citizens of Philadelphia are no longer afforded standing to protest zoning decisions based upon their status as taxpayers.” Immediately following that decision, Judge Gary Glazer ruled that three community groups, SCRUB, Wynnefield Heights Civic Association and Belmont Village Community Association, “do not have an interest sufficient to justify standing in light of the standard enunciated in Act 193 of November 30, 2004.” According to Judge Glazer, these groups “fail to meet the standard of ‘aggrieved person’ …”
Under Philadelphia’s Zoning Code, “any person aggrieved or any
taxpayer” can appeal a decision of the Zoning Board of Adjustment. Under Act 193 of 2004 only “aggrieved
persons” who can show that they are “detrimentally harmed” can appeal.
This key provision of Act 193 regarding standing was added in the middle of the night, and many members of the General Assembly did not read it before voting for the bill. An aggrieved person is a legal term that normally requires a person appealing a decision to show ownership or property interests adjacent or close to the property under dispute. This is a standard that makes it more difficult for community groups to have standing.
TIME
TO GET REGISTERED TO VOTE!
The
deadline to register is
MIDNIGHT,
TUESDAY, OCTOBER 10TH