Chuck Slothower//May 16, 2024//
An of the city of Portland’s inclusionary housing program found the Housing Bureau has inadequate monitoring systems in place to ensure that affordable apartments go to low-income renters.
A check by inclusionary housing staff of three buildings found that apartments in one were not rented at rates that exceeded affordability requirements. In two other buildings, at least three apartments were rented without screening tenants for income eligibility. The buildings had been flagged because managers had not submitted compliance reports, or reported having no inclusionary housing units, the audit said.
“Bureau staff said they rely on the honor system for reporting,” Auditor Simone Rede’s office wrote in the report, which was released Wednesday.
The audit comes as the result of more than a year of work by Rede, a city watchdog who took office in January 2023, and her staff. Auditors dug into census data and went into the field to interview building managers and landlords.
“We went out and talked to property owners and managers to find out what they did and didn’t understand about the program,” K.C. Jones, the city’s audit services director, said in an interview Wednesday.
The audit also found the Housing Bureau has squirreled away money meant for affordable housing. The money comes from what’s known as a “fee-in-lieu,” where the developer opts to pay a fee instead of providing affordable housing on site. The Housing Bureau has collected $5 million in these fees since 2017.
“The fees are intended to fund affordable housing development and preservation, but according to the bureau, as of June 2023, this had not yet happened,” the audit stated. “Instead, the fees have gone solely towards program operating costs, although bureau managers said they plan in the future to use the fees to also fill affordable housing finance gaps.”
The bureau expects to collect an additional $7 million from one new building’s owners who have not fulfilled their agreement to open affordable condominiums, according to the audit.
The city launched the inclusionary housing program in 2017 with the goal of creating 23,000 more affordable units after the City Council declared a housing emergency. The program has fallen far short of that goal: As of April 2023, 566 apartments had been built, with 1,157 more “anticipated,” the audit stated.
The audit did not dig into the economics of multifamily development and construction in Portland. But some developers argue that the program has acted as a brake on housing development in the city of Portland.
“In my opinion, it’s an absolutely failed policy,” said Greg Goodman, co-president of Downtown Development Group, a local developer responsible for Twelve West, Eleven West and other projects. “It has been counterproductive to what they have tried to do.”
A group of city leaders, including former Commissioner Dan Saltzman and former Housing Bureau directors Kurt Creager and Shannon Callahan, successfully pushed the project to implementation after the state Legislature authorized inclusionary housing. Portland is the only city in Oregon that has implemented inclusionary housing.
“They have scared institutional investors away,” Goodman said. “It is totally flawed. Lenders don’t like it, institutions don’t like it, and if you look at where housing is happening, it’s outside of the city.”
Goodman served on a panel of development experts when the policy was promulgated. The advisory group was not allowed to take a vote to recommend or reject the policy, he said.
“We were denied a right to vote, because they knew it was going to get a negative recommendation,” he said.
The city should instead charge a 1 percent fee on all new permits, Goodman said, and use that money to buy or build affordable housing.
Overall, the audit and the Housing Bureau’s response depicted a program that has led to the development of hundreds of housing units affordable to renters at 60 percent to 80 percent of the area’s median family income. But the neediest people are not getting housing through the program, according to the audit.
“There is often a narrow window a household’s income must fall within to rent an Inclusionary Housing unit,” the audit stated.
Auditors said building owners were confused about program requirements, while marketing to potential tenants fell through the cracks between the Housing Bureau, local nonprofit agencies and property owners.
“Several managers said that marketing inclusionary housing units and finding qualified tenants was difficult,” the audit stated.
New buildings that are 100 percent affordable often receive media and nonprofit attention that buildings with a few inclusionary housing units may not, auditors found, “so people looking for affordable housing may not know it exists.”
“Some managers said they had expected or wanted marketing support from the Housing Bureau,” the audit added. “The bureau provides property managers a list of community-based organizations they suggest marketing to, but some property managers said their outreach to the organizations did not help attract qualified tenants.”
Auditors found the program does not address the needs of very-low-income residents: 22 percent of Portland households had incomes of less than $35,000, according to the Census Bureau’s 2022 American Community Survey.
“It would be very hard for a program of this type to be everything to everyone,” Jones said.
Commissioner Carmen Rubio and Housing Bureau Director Helmi A. Hisserich indicated in a formal response to the audit that they have already made changes to the program.
“PHB currently works closely with affordable housing providers, community-based organizations and other city departments on the IH program and buildings with IH units,” Rubio and Hisserich stated. “The bureau maintains an interactive map that displays properties under construction and open with IH units. … PHB acknowledges that there is additional opportunity to share information and is actively exploring new software that will allow property owners and managers to list IH units under construction and currently for rent.”
Marketing and leasing are “ultimately a property owner responsibility,” Rubio and Hisserich added.
City leaders should continue to address the audit’s recommendations, Jones said.
“We do think they need to take into account the things we’ve pointed out, because the changes they’ve made may not address them,” he said.