Strategies to Minimize Displacement

Inclusionary Zoning

Benefit: Maintain housing
affordability and range of
incomes in a community

Problem addressed: Rising
real estate and housing costs,
particularly rent

1" Scale of impact: City-wide

O Administered by: Local

government, particularly land
use and zoning boards and/or
department of housing

Introduction

Brownfields—or properties with environmental contamination or potentially
contaminated land—are disproportionately located in or near communities of
color and low-income communities. Residents near these properties may face
heightened health hazards and economic disinvestment until the site undergoes
assessment and cleanup, which can be a costly and lengthy process.

Safely reusing a brownfield site is an opportunity to improve community health and
bring in new amenities. However, brownfield redevelopment can also exacerbate
affordability and displacement concerns. As costs rise and it becomes more
expensive to live in a community, lower-income residents and small businesses are
often displaced. Strong, early community engagement in the brownfields reuse
process presents an opportunityfor the community to havea meaningful role and
input on how to minimize displacement through the cleanup and reuse process.
Community leaders, stakeholders, and practitioners can be proactive and put
strategies in place to minimize the risk of displacement. These strategies take time,
resources, and political will to implement, and they are most effective if put into
place before displacement is already occurring.

Tool: Inclusionary zoning

inclusionary zoning (IZ) refers to municipal regulations that reserve a certain
number or percentage of units within a housing development to be designated as
below market rate (BMR), or affordable for low- to moderate-income households.
Communities institute inclusionary zoning to protect and maintain the long-term
affordability of housing units, which helps prevent displacement by ensuring that
some housing units are reserved for residents of all incomes. A municipality can
require developers to set aside 10-30% of units as affordable within a certain
percentage of AMI, usually ranging from 50-80% (correlating to middle to low-
income).

Inclusionary zoning programs have considerable
success in generating and preserving affordable
housing units in the jurisdictions where they
exist—93% of IZ programs surveyed nationally
contained stipulations that preserve affordability of
the unit for at least 30 years.

Questions to
Ask in the
Planning Process

Do my community's zoning
regulations permit multi-family
and mixed-use development?

How do my community's zoning
regulations encourage or
support multi-family housing?

What barriers in my community
currently exist that hinder civic
and community participation
in the housing and planning
processes?

Once an inclusionary zoning
program is approved and
adopted, what is the process to
obtain an affordable unit (e.g.
lottery, etc.)?

How can we maximize the
impact of the IZ program
without deterring the
private sector and housing
development in the future?

Housing units near the waterfront in Burlington,
Vermont. Image by Don Shall is licensed under
CC BY-NC-ND2.0, obtained via Flickr.

BROWNFIELDS AND
LAND REVITALIZATION

Developed in partnership with EPA's Office of Brownfields and Land

I EPA560-R23l-GQ8 I MardiMSl

jj »»| Smart Growth America

^BiI w Improving lives by improving communities


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Due to competitive real estate market demand and profit maximization in
development projects, housing developers are sometimes opposed to IZ programs.
However, developers can offset affordable rates in voluntary cases by making the
other non-designated affordable housing units more expensive, compensating for
these restricted affordable units.

Tips for Success

Research shows that inclusionary zoning programs are most effective when
they are mandatory and coupled with incentives that encourage development.
Incentives used to attract and encourage IZ programs for developers include
density bonuses, fee waivers, parking reductions, and more streamlined and
expeditious permit approval processes. However, alternatives such as 'in lieu'
payments can create loopholes to skirt affordability requirements. In lieu fees
often take the form of developers issuing payments to housing trust funds instead
of designating on-site affordable units within the development.

While IZ programs are a promising economic and regulatory tool to maintain
affordability, they are not a panacea for reducing displacement within a community.
IZ programs should be supplemented and paired with financial strategies to
preserve housing affordability, such as governmentally-created housing trust
funds or fee waivers that provide a significant discount for housing developers
who undergo construction of housing where IZ policies are applied. In addition,
each community's history and developmental context should be considered.
Recognition of how practices of redlining, segregational, and intentionally racist
land use policies specifically impacted residents should be part of the development
of IZ policies.

Where to start

Resources

Report: Ten Ways to Ta I k a bout
Inclusionary Zoning Differently.
by Grounded Solutions Network,
addresses common misconceptions
surrounding inclusionary zoning
programs and communicates
IZ programs in more digestible
ways for audiences who may be
unfamiliar or apprehensive towards
these programs.

Local Housing Solutions provides
an overview of inclusionary zoning
and offers recommendations that
communities can adaptfrom when
customizing inclusionary zoning
programs specifically for their
needs and priorities.

This comprehensive 2019 study
by Grounded Solutions Network
measures the success and
effectiveness of inclusionary zoning
programs across the country.

Inclusionary Zoning programs are usually codified in the zoning regulations of the
municipality. First, review your community's zoning regulations to determine if
there is a preexisting inclusionary zoning program or affordable housing clause.

If such a clause or program does not exist, one way to create a new program is to
approach or partner with an affordable housing coalition or organization. These

organizations can provide financial knowledge and legal resources to institute an IZ program through advocacy and engagement
with local government. Ample community engagement and input from businesses, business improvement districts, community
groups, and residents is a necessary starting point to understanding your community's housing needs. In addition, the
demographic and economic data about your community will help to understand any cases of economic displacement, rent
burdening statistics, and any other equity issues that may be ameliorated through the introduction of an IZ program.

Case Study

Burlington, Vermont has one of the oldest and most robust inclusionary zoning programs in the country. Before the
program was adopted, Burlington was grappling with rising housing costs that were pricing out residents. The community
was largely built out which contributed to housing shortages, in turn leading to rising housing costs. The City enacted a
comprehensive inclusionary zoning program paired with a housing trust program to maintain and preserve affordable housing.
The City also expanded pathways for community engagement and participation in the planning and post-adoption process
with the formation of an inclusionary zoning working group, which meets to provide recommendations and comments on the
program. Learn more about the program and its history here.

:Q:

Links to external, non-EPA resources are provided for informational purposes only. References to external resources do not constitute
an endorsement by EPA, and EPA does not take any responsibility for their content.

BROWNFIELDS AND
LAND REVITALIZATION

Developed in partnership with EPA's Office of Brownfelds and Land
Revitalization (5105T) EPA 560-F-23-008 | March 2023.

j| ¦»! Smart Growth America

^¦11^ Improving lives by improving communities


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