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Land Banking: An Opportunity
 for Southern New England?
From Bubble to Crisis
 Over 14.2 million year-round housing units were vacant in 2010 . . . a 3.8
 million increase from 2000. U.S. Census Bureau, Table 982, Total Housing Inventory for
 the United States: 1990 to 2010, (2012).

 In July 2012:
     Overall foreclosure activity had decreased since July 2011.
     Bank repossessions decreased annually for the 21st straight month.
     “Foreclosure starts” increased 6% from July 2011. CT led (201% increase), NJ
     (164% increase), PA (139%), IN (83%), and MA (65%). RealtyTrac’s Foreclosure
     Market Report (July 2012), available at www.realtytrac.com.

 CA, AZ, and FL have highest foreclosure rates.
What Is a Land Bank?
 Land banks are governmental, quasi-governmental, or nonprofit entities that
 acquire distressed properties and then hold and manage them for future use
 or resale.
 They typically acquire properties through tax foreclosure, mortgage
 foreclosure, market transfers, and/or donations.
 They maintain properties and rehabilitate them through improvements,
 redevelopment, or demolition.
Genesee County Land Bank Authority
 This land bank became a remarkable success and a model for other land
 banks in response to the mortgage crisis and the Great Recession.
 Between 2004 and 2009, it repurposed 1,500 properties.
 GCLBA acquires most of its properties through tax foreclosure.
 It receives half of the property taxes that are collected on the properties for
 the first five years after they are transferred.
 Michigan’s Delinquent Property Tax Foreclosure Act of 1999 and Land Bank
 Fast Track Act in 2003 paved the way for its success.
Cuyahoga County Land Reutilization Corp.
 CCLRC was established in 2009 as a nonprofit community corporation.
 In just over a year, CCLRC acquired 495 properties, demolished 167
 properties, and transferred 80 properties to cities or redevelopers. It now
 acquires about 100 per month.
 CCLRC is a private nonprofit corporation, but also has key public powers.
 CCLRC has a reliable and significant funding stream, which is approximately
 $7 million per year. It is primarily financed through the payment of interest
 and penalties on delinquent property taxes and assessments.
 Most of CCLRC’s properties come from Fannie Mae, HUD, and
 major lenders.
New York’s Land Banks
 NY passed legislation in July 2011 authorizing the creation of 10 land banks
 to acquire tax delinquent, foreclosed, vacant, or abandoned properties.
 Any foreclosing governmental unit (“FGU”) can apply to the state to create a
 land bank, which will be a nonprofit corporation.
 As of May 2012, five land banks were approved in New York:
    The Cities of Buffalo, Lackawanna, and Tonawanda, as well as Erie County
    The City of Syracuse and Onondaga County
    The City of Schenectady, County of Schenectady, and City of Amsterdam
    Chautauqua County
    The City of Newburgh
Saving Our Neighborhoods: Rhode Island
Housing’s Land Bank Program
A presentation to the 2012 Southern New England
Planning Conference, September 21, 2012, Hartford, CT
Outline of Presentation
•   History and Intent of Program
•   Key Aspects
•   Recent Trends
•   Examples of Properties
•   Conclusion


Rhode Island Housing
SNEAPA Conference, 9/21/2012        9 of 20
History and Intent of Program
• Authorized in 1990s became active in 2001
• Last program change enabled provision of
  bridge financing
• Primary purpose to reduce barriers to the
  production of long-term affordable homes
• Also used as tool for neighborhood
  revitalization
Rhode Island Housing
SNEAPA Conference, 9/21/2012             10 of 20
Key Aspects: Who
• Rhode Island Housing is authorized to acquire and
  hold properties on behalf of eligible developers for
  a limited period of time
• Interdivisional committee makes decisions
• Eligible Developer:
    –   Government entity
    –   Public housing authority or redevelopment agency
    –   Non-profit corporations
    –   Partnerships or joint ventures of eligible developers
Rhode Island Housing
SNEAPA Conference, 9/21/2012                                    11 of 20
Key Aspects: What
• Threshold Requirements:
    – Infrastructure
    – Ability to proceed
    – Consistent with zoning, or dimensional variance
    – No other sources of funding to secure property
    – Identify all sources of funding for development
    – Relocation plan, if applicable

Rhode Island Housing
SNEAPA Conference, 9/21/2012                      12 of 20
Key Aspects: What (cont.)
• Evaluation:
    –   Meets threshold requirements, especially Holding Period
    –   Developer capacity
    –   Financial feasibility
    –   Consistent with neighborhood revitalization, or
    –   Consistent with smart growth
    –   Prefer unoccupied properties
    –   Produces long-term affordable homes
    –   Environmental Impact on surrounding area
Rhode Island Housing
SNEAPA Conference, 9/21/2012                              13 of 20
Key Aspects: What (cont.)
• Developer Agreement:
    – Pays for appraisals and title searches
    – Pays for “carrying costs,” including reasonable
      interest
    – Rhode Island Housing determines steps to ensure
      property stability and safety of tenants, if applicable
    – If not acquired by agreed-upon Holding Period, Rhode
      Island Housing has right to terminate and sell

Rhode Island Housing
SNEAPA Conference, 9/21/2012                           14 of 20
Key Aspects: What (cont.)
• Option for Bridge Financing:
    – New since 2001
    – Exercised when Property is occupied
    – All commitments for financing are secured
    – Demonstrated ability to repay within six months, or
      specified date
    – Demonstrated ability to manage occupied property or
      provide relocation of tenants


Rhode Island Housing
SNEAPA Conference, 9/21/2012                           15 of 20
Recent Trends: Investment History
                  Rhode Island Housing Annual Investments in Land Bank Program
                                           2000-2012
  $9,000,000


  $8,000,000                                          $7,826,454



  $7,000,000


  $6,000,000                                                     $5,747,663
                                             $5,586,337
                                                                          $5,319,895
                                  $4,958,346
  $5,000,000                                                                         $4,815,930



  $4,000,000
                                                                                              $3,470,253

  $3,000,000
                                                                                                                  $2,445,210

  $2,000,000
                         $1,348,155                                                                      $1,419,065

  $1,000,000
                                                                                                                               $528,049
                                                                                                                                          $307,106
               $15,390
         $0
                2000       2001       2002     2003       2004     2005       2006     2007       2008     2009       2010      2011       2012




Rhode Island Housing
SNEAPA Conference, 9/21/2012                                                                                                                         16 of 20
Recent Trends: Investment History (cont.)
• In the last 13 years, Rhode Island Housing has made nearly
  $44 million worth of investments in Land Bank properties
• Historic increases in property values drove significant
  investment from 2002-2008 during which 86% of total was
  made
• Most urban purchases are of existing multi-family buildings,
  some to be demolished, purchases range from $150K at the
  height of the market to recently under $40K
• Suburban purchases vary greatly—from a high of $382K/acre
  for Block Island to $7,300/ac for large parcel in Burrillville

Rhode Island Housing
SNEAPA Conference, 9/21/2012                              17 of 20
Recent Trends: Investment History (cont.)
• History reflects trends pertaining to mission of
  Rhode Island Housing, state’s efforts and recent
  economic crisis
• From urban multi-families through larger purchases
  in towns seeking to reach goal of 10% long-term
  affordable homes
• Most recently additional vehicles for other land bank
  programs

Rhode Island Housing
SNEAPA Conference, 9/21/2012                     18 of 20
Recent Trends: Other RI Programs
• HUD Neighborhood Stabilization Program
    – $4.35M of $19.6M award used for Land Bank
    – 49 properties in 11 targeted cities
    – Approximately 100 homes developed
• State Housing Acquisition and Rehabilitation
  Program (SHARP)
    – Capitalized by CDBG funds from RI Office of Housing and Community
      Development
    – Administered by statewide non-profit organization, the Community
      Housing Land Trust of RI

Rhode Island Housing
SNEAPA Conference, 9/21/2012                                     19 of 20
Achieving Affordable Homes: Block Island




Rhode Island Housing
SNEAPA Conference, 9/21/2012         20 of 20
Achieving Affordable Homes: Block Island (cont.)




Rhode Island Housing
SNEAPA Conference, 9/21/2012                       21 of 20
Saving Our Neighborhoods: Providence




Rhode Island Housing
SNEAPA Conference, 9/21/2012       22 of 20
Saving Our Neighborhoods: Providence (cont.)




Rhode Island Housing
SNEAPA Conference, 9/21/2012             23 of 20
Saving Our Neighborhoods: Pawtucket




Rhode Island Housing
SNEAPA Conference, 9/21/2012          24 of 20
More Work To Be Done: Providence




Rhode Island Housing
SNEAPA Conference, 9/21/2012   25 of 20
More Work To Be Done: Providence




Rhode Island Housing
SNEAPA Conference, 9/21/2012   26 of 20
Conclusions
• Land banking facilitates an organization's ability
  to assemble critical mass of properties for large
  scale redevelopment/revitalization
• Must carefully evaluate the availability of
  resources for redevelopment and the viability of
  each proposal
• Evaluate neighborhood trends - what can be built
  today may not be appropriate for tomorrow

Rhode Island Housing
SNEAPA Conference, 9/21/2012                   27 of 20
For more information:
                  Carol Ventura
            Director of Development
              Rhode Island Housing
                 (401) 457-1129
        cventura@rhodeislandhousing.org


Rhode Island Housing
SNEAPA Conference, 9/21/2012              28 of 20
Land Banking in
    Massachusetts
Erin Graves, Policy Analyst
Overview

• Why the Fed cares
• Land Banks in context
• Applying the land bank model in
  Massachusetts
• Receivership as an alternative
Why the Boston Fed cares

• Mission

• My work
“Promoting Economic Growth in Lower Income Communities”

 The Federal Reserve’s Community Development Unit promotes this agenda
 through:

     • Developing Cutting Edge Research
     •Convening a Broad Spectrum of Constituencies
     •Identifying and Disseminating Approaches That Work




                                               www.bos.frb.org/commdev
NSP Study

• Instruments
  – Survey
  – Open ended
  – Parcel condition

• Administration
  – Pre and post treatment
A little Context
• Other Massachusetts Land Banks
  – Massachusetts Land Bank of 1740
  – Massachusetts Land Bank Fund 1980s
  – Cape Cod and the Islands Land Banks
     1990s
    • Nantucket Land Bank
    • Martha’s Vineyard Land Bank
    • Cape Cod land bank
Land Banks:
An Option for Low-Value Properties
• Some REO properties are low value and less likely to be
  viable in private market

• About 5 percent of properties in the REO inventory of
  the GSEs and FHA are appraised at less than $20,000

• In some markets, the share is significantly higher

• In these markets, low-value properties are less suitable
  for disposition through sales in the owner-occupied
  market or through rental market strategies

• Alternative disposition strategies may be needed
Land Bank capacity
•   Limited capacity nationwide
     – Institutional infrastructure
     – Funding

•   Land banks and low value properties
     – ½ GSE and FHA inventory of low-value REO properties in
       metropolitan areas with an existing land bank.
     – Existing land banks have limited resources

•   Strategies
    – Consider increasing local funding
    – Create a national land bank program
    – Such initiatives would need appropriate controls
Similarity to Banks

• Four analogous functions
  – Storing assets
  – Stabilizing secondary markets
  – Holding capital reserves
  – Operating within a regulatory framework

• Dissimilarities
  – Banking: National and international
    markets
  – Land banking: neighborhood stability and
    land-use planning
Foreclosures in Massachusetts

• Areas
  – Boston metro
  – Shrinking cities


• Low value locations

• Multi jurisdictional
Applying the land bank model to
                MA
• Can mitigate extremes in the regional real
  estate
  – Shrinking cities
  – Development pressure

• Should be done in conjunction with regional
  and master planning

• Funding streams
  – State level real estate taxes and fees
  – NSP
  – New sources via Massachusetts legislature or
    Federal funding
Target properties in
  Massachusetts
Target properties in
  Massachusetts
Considerations and caveats

• Foreclosures: a symptom not a cause

• Maintaining properties both fiscally and physically
   –   No standardized funding stream
   –   NSP is complete
   –   A collection of properties that have no market value
   –   Staggered sites
   –   Abutter issues

• Property disposition
   – Requires sophistication
        •    Land banks are government entities that have the ability to purchase
            and sell real estate, clear titles, and accept donated properties.
            Properties may be rehabilitated as rental or owner-occupied housing, or
            demolished, as market conditions dictate.**
Receivership: An alternative

• What is it?
• Why is it used?
• Key players and processes
• Who qualifies
• Funding streams
CONNECTICUT: THE LAND
 OF STEADY HABITS AND
ALMOST NO LAND BANKS

  By Timothy D. Bates
Land Bank “Lite”
The Connecticut Approach

1. Focuses on environmentally-
   distressed property or inner-
   city housing.
2. Tends to work off of existing
   State statutes.
3. Uses State and federal
   incentives.
The State has an
authorized land bank
program, but it is
currently not funded.
See Section 8-214d.
LAND BANK PROGRAM

This program lasted 10 to 15 years, but went into
dormancy in about the year 2000.
It was run by nonprofits, including the Christian
Activities Council of Hartford.
It provided affordable housing for 250 families in the
Hartford region.
Limited to nonprofit corporations, funded by State
bonding. See Section 8-214e.
Build your own land bank by selling tax
liens.
-- Used by Plainfield and
Norwich to attract
developers to old industrial
sites.
-- Tax liens sold at a deep
discount.
-- Protects the municipality
from taking on polluted
property.
Authorized by Section 12-195h, which reads:

      Any municipality, by resolution of its legislative body, as defined
      in section 1-1, may assign, for consideration, any and all liens filed
      by the tax collector to secure unpaid taxes on real property as
      provided under the provisions of this chapter. The consideration
      received by the municipality shall be negotiated between the
      municipality and the assignee. The assignee or assignees of such
      liens shall have and possess the same powers and rights at law or
      in equity as such municipality and municipality’s tax collector
      would have had if the lien had not been assigned with regard to the
      precedence and priority of such lien, the accrual of interest and the
      fees and expenses of collection. The assignee shall have the same
      rights to enforce such liens as any private party holding a lien on
      real property.
The development agreement allows
the municipality to acquire the tax
liens if:
-- The developer does not complete
due diligence
-- The developer does not file
quarterly progress reports
-- The developer does not commence
foreclosure by a certain date or
conclude it by a certain time
-- As long as the buyer is not in
default, and the municipality
continues to transfer annual tax
liens
-- The advantage to the municipality
is that it involves a developer in an
otherwise unmarketable property
-- The advantage to the
municipality is that it
involves a developer in an
otherwise unmarketable
property.
-- The advantage to the
developer is that it creates
legitimacy in negotiations
with environmental
regulators and lienholders.
ANOTHER APPROACH

           Local development
           corporations use tax credits
           to purchase homes out of
           foreclosure and improve
           them.
Funded by the Department of
Revenue Services through the
Neighborhood Assistance Act
Program.
-- These State tax credits are
funded by Connecticut
businesses, particularly utilities
and insurance companies and
provide funding for construction
and rehabilitation of dwelling
units.
-- To sign up for the program,
the state companies must file an
application with the Connecticut
Housing Finance Authority.
The program targets certain
neighborhood clusters of 3 to
5 homes and seeks to connect
and build around those
clusters.
-- It improves and sells houses
to qualified homeowners.
-- Neighborhood services in
New Haven maintains an
inventory of 35 homes and
tries to turn over 10 a year.
-- It uses tax lien assignments
and foreclosures to “fill in”
some clusters.
Science Park Development Corporation has
utilized tax foreclosures to enlarge or fill in its
88-acre industrial site in New Haven.
--A nonprofit corporation represented by the
City of New Haven, Yale, property owners,
and neighborhood stakeholders.
-- Originally established by United States
Repeating Arms Corp., Olin, the City of New
Haven, and Yale.
-- Took over property by agreeing to limit the
environmental liability of USRAC.
Science Park
Development Corp.
has been funded over
the years by State
DECD and federal
HUD money.
-- Targets
surrounding
properties for
acquisition and tax
credit foreclosures.
ANTI-BLIGHT
The anti-blight ordinance can help around the edges. C.G.S.
Section148(c)(h):
   Make and enforce regulations for the prevention and remediation of housing
   blight, including regulations reducing assessments and authorizing
   designated agents of the municipality to enter property during reasonable
   hours for the purpose of remediating blighted conditions, provided such
   regulations define housing blight, and further provided such regulations
   shall not authorize such municipality or its designated agents to enter any
   dwelling house or structure on such property, and including regulations
   establishing a duty to maintain property and specifying standards to
   determine if there is neglect; prescribe fines for the violation of such
   regulations of not less than ten or more than one hundred dollars for each
   day that a violation continues and, if such fines are prescribed, such
   municipality shall adopt a citation hearing procedure in accordance with
   Section 7-152c.
Section 12-183 creates a new program
administered by DEEP to encourage
investment in Brownfields.
•   Promotes economic development by
    bona fide purchasers, innocent
    landowners, or contiguous property
    owners.
•   Does not apply to properties on the
    National Priority List, the Connecticut
    Superfund Priority List, or RCRA
    properties.
•   Currently limited to 32 properties per
    year.
•   Allows properties to avoid Transfer Act
    and off-site liability.
Connecticut’s programs
are: limited, targeted,
incremental.
• Reflect a stable
  population, as opposed to
  Midwest industrial cities.
• As a result, Connecticut
  cities do not own the
  large inventory of
  foreclosed or abandoned
  properties.
• And the future: a similar
  cautious approach?

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Land Banking

  • 1. Land Banking: An Opportunity for Southern New England?
  • 2. From Bubble to Crisis Over 14.2 million year-round housing units were vacant in 2010 . . . a 3.8 million increase from 2000. U.S. Census Bureau, Table 982, Total Housing Inventory for the United States: 1990 to 2010, (2012). In July 2012: Overall foreclosure activity had decreased since July 2011. Bank repossessions decreased annually for the 21st straight month. “Foreclosure starts” increased 6% from July 2011. CT led (201% increase), NJ (164% increase), PA (139%), IN (83%), and MA (65%). RealtyTrac’s Foreclosure Market Report (July 2012), available at www.realtytrac.com. CA, AZ, and FL have highest foreclosure rates.
  • 3. What Is a Land Bank? Land banks are governmental, quasi-governmental, or nonprofit entities that acquire distressed properties and then hold and manage them for future use or resale. They typically acquire properties through tax foreclosure, mortgage foreclosure, market transfers, and/or donations. They maintain properties and rehabilitate them through improvements, redevelopment, or demolition.
  • 4.
  • 5. Genesee County Land Bank Authority This land bank became a remarkable success and a model for other land banks in response to the mortgage crisis and the Great Recession. Between 2004 and 2009, it repurposed 1,500 properties. GCLBA acquires most of its properties through tax foreclosure. It receives half of the property taxes that are collected on the properties for the first five years after they are transferred. Michigan’s Delinquent Property Tax Foreclosure Act of 1999 and Land Bank Fast Track Act in 2003 paved the way for its success.
  • 6. Cuyahoga County Land Reutilization Corp. CCLRC was established in 2009 as a nonprofit community corporation. In just over a year, CCLRC acquired 495 properties, demolished 167 properties, and transferred 80 properties to cities or redevelopers. It now acquires about 100 per month. CCLRC is a private nonprofit corporation, but also has key public powers. CCLRC has a reliable and significant funding stream, which is approximately $7 million per year. It is primarily financed through the payment of interest and penalties on delinquent property taxes and assessments. Most of CCLRC’s properties come from Fannie Mae, HUD, and major lenders.
  • 7. New York’s Land Banks NY passed legislation in July 2011 authorizing the creation of 10 land banks to acquire tax delinquent, foreclosed, vacant, or abandoned properties. Any foreclosing governmental unit (“FGU”) can apply to the state to create a land bank, which will be a nonprofit corporation. As of May 2012, five land banks were approved in New York: The Cities of Buffalo, Lackawanna, and Tonawanda, as well as Erie County The City of Syracuse and Onondaga County The City of Schenectady, County of Schenectady, and City of Amsterdam Chautauqua County The City of Newburgh
  • 8. Saving Our Neighborhoods: Rhode Island Housing’s Land Bank Program A presentation to the 2012 Southern New England Planning Conference, September 21, 2012, Hartford, CT
  • 9. Outline of Presentation • History and Intent of Program • Key Aspects • Recent Trends • Examples of Properties • Conclusion Rhode Island Housing SNEAPA Conference, 9/21/2012 9 of 20
  • 10. History and Intent of Program • Authorized in 1990s became active in 2001 • Last program change enabled provision of bridge financing • Primary purpose to reduce barriers to the production of long-term affordable homes • Also used as tool for neighborhood revitalization Rhode Island Housing SNEAPA Conference, 9/21/2012 10 of 20
  • 11. Key Aspects: Who • Rhode Island Housing is authorized to acquire and hold properties on behalf of eligible developers for a limited period of time • Interdivisional committee makes decisions • Eligible Developer: – Government entity – Public housing authority or redevelopment agency – Non-profit corporations – Partnerships or joint ventures of eligible developers Rhode Island Housing SNEAPA Conference, 9/21/2012 11 of 20
  • 12. Key Aspects: What • Threshold Requirements: – Infrastructure – Ability to proceed – Consistent with zoning, or dimensional variance – No other sources of funding to secure property – Identify all sources of funding for development – Relocation plan, if applicable Rhode Island Housing SNEAPA Conference, 9/21/2012 12 of 20
  • 13. Key Aspects: What (cont.) • Evaluation: – Meets threshold requirements, especially Holding Period – Developer capacity – Financial feasibility – Consistent with neighborhood revitalization, or – Consistent with smart growth – Prefer unoccupied properties – Produces long-term affordable homes – Environmental Impact on surrounding area Rhode Island Housing SNEAPA Conference, 9/21/2012 13 of 20
  • 14. Key Aspects: What (cont.) • Developer Agreement: – Pays for appraisals and title searches – Pays for “carrying costs,” including reasonable interest – Rhode Island Housing determines steps to ensure property stability and safety of tenants, if applicable – If not acquired by agreed-upon Holding Period, Rhode Island Housing has right to terminate and sell Rhode Island Housing SNEAPA Conference, 9/21/2012 14 of 20
  • 15. Key Aspects: What (cont.) • Option for Bridge Financing: – New since 2001 – Exercised when Property is occupied – All commitments for financing are secured – Demonstrated ability to repay within six months, or specified date – Demonstrated ability to manage occupied property or provide relocation of tenants Rhode Island Housing SNEAPA Conference, 9/21/2012 15 of 20
  • 16. Recent Trends: Investment History Rhode Island Housing Annual Investments in Land Bank Program 2000-2012 $9,000,000 $8,000,000 $7,826,454 $7,000,000 $6,000,000 $5,747,663 $5,586,337 $5,319,895 $4,958,346 $5,000,000 $4,815,930 $4,000,000 $3,470,253 $3,000,000 $2,445,210 $2,000,000 $1,348,155 $1,419,065 $1,000,000 $528,049 $307,106 $15,390 $0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Rhode Island Housing SNEAPA Conference, 9/21/2012 16 of 20
  • 17. Recent Trends: Investment History (cont.) • In the last 13 years, Rhode Island Housing has made nearly $44 million worth of investments in Land Bank properties • Historic increases in property values drove significant investment from 2002-2008 during which 86% of total was made • Most urban purchases are of existing multi-family buildings, some to be demolished, purchases range from $150K at the height of the market to recently under $40K • Suburban purchases vary greatly—from a high of $382K/acre for Block Island to $7,300/ac for large parcel in Burrillville Rhode Island Housing SNEAPA Conference, 9/21/2012 17 of 20
  • 18. Recent Trends: Investment History (cont.) • History reflects trends pertaining to mission of Rhode Island Housing, state’s efforts and recent economic crisis • From urban multi-families through larger purchases in towns seeking to reach goal of 10% long-term affordable homes • Most recently additional vehicles for other land bank programs Rhode Island Housing SNEAPA Conference, 9/21/2012 18 of 20
  • 19. Recent Trends: Other RI Programs • HUD Neighborhood Stabilization Program – $4.35M of $19.6M award used for Land Bank – 49 properties in 11 targeted cities – Approximately 100 homes developed • State Housing Acquisition and Rehabilitation Program (SHARP) – Capitalized by CDBG funds from RI Office of Housing and Community Development – Administered by statewide non-profit organization, the Community Housing Land Trust of RI Rhode Island Housing SNEAPA Conference, 9/21/2012 19 of 20
  • 20. Achieving Affordable Homes: Block Island Rhode Island Housing SNEAPA Conference, 9/21/2012 20 of 20
  • 21. Achieving Affordable Homes: Block Island (cont.) Rhode Island Housing SNEAPA Conference, 9/21/2012 21 of 20
  • 22. Saving Our Neighborhoods: Providence Rhode Island Housing SNEAPA Conference, 9/21/2012 22 of 20
  • 23. Saving Our Neighborhoods: Providence (cont.) Rhode Island Housing SNEAPA Conference, 9/21/2012 23 of 20
  • 24. Saving Our Neighborhoods: Pawtucket Rhode Island Housing SNEAPA Conference, 9/21/2012 24 of 20
  • 25. More Work To Be Done: Providence Rhode Island Housing SNEAPA Conference, 9/21/2012 25 of 20
  • 26. More Work To Be Done: Providence Rhode Island Housing SNEAPA Conference, 9/21/2012 26 of 20
  • 27. Conclusions • Land banking facilitates an organization's ability to assemble critical mass of properties for large scale redevelopment/revitalization • Must carefully evaluate the availability of resources for redevelopment and the viability of each proposal • Evaluate neighborhood trends - what can be built today may not be appropriate for tomorrow Rhode Island Housing SNEAPA Conference, 9/21/2012 27 of 20
  • 28. For more information: Carol Ventura Director of Development Rhode Island Housing (401) 457-1129 cventura@rhodeislandhousing.org Rhode Island Housing SNEAPA Conference, 9/21/2012 28 of 20
  • 29.
  • 30. Land Banking in Massachusetts Erin Graves, Policy Analyst
  • 31. Overview • Why the Fed cares • Land Banks in context • Applying the land bank model in Massachusetts • Receivership as an alternative
  • 32. Why the Boston Fed cares • Mission • My work
  • 33. “Promoting Economic Growth in Lower Income Communities” The Federal Reserve’s Community Development Unit promotes this agenda through: • Developing Cutting Edge Research •Convening a Broad Spectrum of Constituencies •Identifying and Disseminating Approaches That Work www.bos.frb.org/commdev
  • 34. NSP Study • Instruments – Survey – Open ended – Parcel condition • Administration – Pre and post treatment
  • 35. A little Context • Other Massachusetts Land Banks – Massachusetts Land Bank of 1740 – Massachusetts Land Bank Fund 1980s – Cape Cod and the Islands Land Banks 1990s • Nantucket Land Bank • Martha’s Vineyard Land Bank • Cape Cod land bank
  • 36. Land Banks: An Option for Low-Value Properties • Some REO properties are low value and less likely to be viable in private market • About 5 percent of properties in the REO inventory of the GSEs and FHA are appraised at less than $20,000 • In some markets, the share is significantly higher • In these markets, low-value properties are less suitable for disposition through sales in the owner-occupied market or through rental market strategies • Alternative disposition strategies may be needed
  • 37. Land Bank capacity • Limited capacity nationwide – Institutional infrastructure – Funding • Land banks and low value properties – ½ GSE and FHA inventory of low-value REO properties in metropolitan areas with an existing land bank. – Existing land banks have limited resources • Strategies – Consider increasing local funding – Create a national land bank program – Such initiatives would need appropriate controls
  • 38. Similarity to Banks • Four analogous functions – Storing assets – Stabilizing secondary markets – Holding capital reserves – Operating within a regulatory framework • Dissimilarities – Banking: National and international markets – Land banking: neighborhood stability and land-use planning
  • 39. Foreclosures in Massachusetts • Areas – Boston metro – Shrinking cities • Low value locations • Multi jurisdictional
  • 40. Applying the land bank model to MA • Can mitigate extremes in the regional real estate – Shrinking cities – Development pressure • Should be done in conjunction with regional and master planning • Funding streams – State level real estate taxes and fees – NSP – New sources via Massachusetts legislature or Federal funding
  • 41. Target properties in Massachusetts
  • 42. Target properties in Massachusetts
  • 43. Considerations and caveats • Foreclosures: a symptom not a cause • Maintaining properties both fiscally and physically – No standardized funding stream – NSP is complete – A collection of properties that have no market value – Staggered sites – Abutter issues • Property disposition – Requires sophistication • Land banks are government entities that have the ability to purchase and sell real estate, clear titles, and accept donated properties. Properties may be rehabilitated as rental or owner-occupied housing, or demolished, as market conditions dictate.**
  • 44. Receivership: An alternative • What is it? • Why is it used? • Key players and processes • Who qualifies • Funding streams
  • 45.
  • 46. CONNECTICUT: THE LAND OF STEADY HABITS AND ALMOST NO LAND BANKS By Timothy D. Bates
  • 47. Land Bank “Lite” The Connecticut Approach 1. Focuses on environmentally- distressed property or inner- city housing. 2. Tends to work off of existing State statutes. 3. Uses State and federal incentives.
  • 48. The State has an authorized land bank program, but it is currently not funded. See Section 8-214d.
  • 49. LAND BANK PROGRAM This program lasted 10 to 15 years, but went into dormancy in about the year 2000. It was run by nonprofits, including the Christian Activities Council of Hartford. It provided affordable housing for 250 families in the Hartford region. Limited to nonprofit corporations, funded by State bonding. See Section 8-214e.
  • 50. Build your own land bank by selling tax liens. -- Used by Plainfield and Norwich to attract developers to old industrial sites. -- Tax liens sold at a deep discount. -- Protects the municipality from taking on polluted property.
  • 51. Authorized by Section 12-195h, which reads: Any municipality, by resolution of its legislative body, as defined in section 1-1, may assign, for consideration, any and all liens filed by the tax collector to secure unpaid taxes on real property as provided under the provisions of this chapter. The consideration received by the municipality shall be negotiated between the municipality and the assignee. The assignee or assignees of such liens shall have and possess the same powers and rights at law or in equity as such municipality and municipality’s tax collector would have had if the lien had not been assigned with regard to the precedence and priority of such lien, the accrual of interest and the fees and expenses of collection. The assignee shall have the same rights to enforce such liens as any private party holding a lien on real property.
  • 52. The development agreement allows the municipality to acquire the tax liens if: -- The developer does not complete due diligence -- The developer does not file quarterly progress reports -- The developer does not commence foreclosure by a certain date or conclude it by a certain time -- As long as the buyer is not in default, and the municipality continues to transfer annual tax liens -- The advantage to the municipality is that it involves a developer in an otherwise unmarketable property
  • 53. -- The advantage to the municipality is that it involves a developer in an otherwise unmarketable property. -- The advantage to the developer is that it creates legitimacy in negotiations with environmental regulators and lienholders.
  • 54. ANOTHER APPROACH Local development corporations use tax credits to purchase homes out of foreclosure and improve them.
  • 55. Funded by the Department of Revenue Services through the Neighborhood Assistance Act Program. -- These State tax credits are funded by Connecticut businesses, particularly utilities and insurance companies and provide funding for construction and rehabilitation of dwelling units. -- To sign up for the program, the state companies must file an application with the Connecticut Housing Finance Authority.
  • 56. The program targets certain neighborhood clusters of 3 to 5 homes and seeks to connect and build around those clusters. -- It improves and sells houses to qualified homeowners. -- Neighborhood services in New Haven maintains an inventory of 35 homes and tries to turn over 10 a year. -- It uses tax lien assignments and foreclosures to “fill in” some clusters.
  • 57. Science Park Development Corporation has utilized tax foreclosures to enlarge or fill in its 88-acre industrial site in New Haven. --A nonprofit corporation represented by the City of New Haven, Yale, property owners, and neighborhood stakeholders. -- Originally established by United States Repeating Arms Corp., Olin, the City of New Haven, and Yale. -- Took over property by agreeing to limit the environmental liability of USRAC.
  • 58. Science Park Development Corp. has been funded over the years by State DECD and federal HUD money. -- Targets surrounding properties for acquisition and tax credit foreclosures.
  • 59. ANTI-BLIGHT The anti-blight ordinance can help around the edges. C.G.S. Section148(c)(h): Make and enforce regulations for the prevention and remediation of housing blight, including regulations reducing assessments and authorizing designated agents of the municipality to enter property during reasonable hours for the purpose of remediating blighted conditions, provided such regulations define housing blight, and further provided such regulations shall not authorize such municipality or its designated agents to enter any dwelling house or structure on such property, and including regulations establishing a duty to maintain property and specifying standards to determine if there is neglect; prescribe fines for the violation of such regulations of not less than ten or more than one hundred dollars for each day that a violation continues and, if such fines are prescribed, such municipality shall adopt a citation hearing procedure in accordance with Section 7-152c.
  • 60. Section 12-183 creates a new program administered by DEEP to encourage investment in Brownfields. • Promotes economic development by bona fide purchasers, innocent landowners, or contiguous property owners. • Does not apply to properties on the National Priority List, the Connecticut Superfund Priority List, or RCRA properties. • Currently limited to 32 properties per year. • Allows properties to avoid Transfer Act and off-site liability.
  • 61. Connecticut’s programs are: limited, targeted, incremental. • Reflect a stable population, as opposed to Midwest industrial cities. • As a result, Connecticut cities do not own the large inventory of foreclosed or abandoned properties. • And the future: a similar cautious approach?