Letter to Mayor Weisner August 4, 2011 PDF Print E-mail
Written by Jean Federman   
Monday, 08 August 2011 09:32

August 4, 2011

 

Thomas Weisner, Mayor

City of Aurora

44 East Downer Place

Aurora, Illinois 60507

Dear Mr. Mayor:

As you know, I am the Chairman of the Aurora Housing Authority ("AHA") and have served as on the Board of Commissioners for 13 years.

Over the course of the last year, the AHA has been subjected to very public criticism by you, those in your office, and others over its plan to develop affordable housing in the City of Aurora ("City") in order to replace 146 public housing units that currently exist on the Jericho Circle site. To date, we have been reluctant to fence with you over the many mischaracterized allegations and supposed alternatives out of respect for you and your office because we have perceived the possibility of cooperation – albeit imperfect cooperation – but cooperation nonetheless, between the City and the AHA.

When we sat down with you at the beginning of this year, and continued to meet and consult with you and your staff since then, we brought openness, good faith and a real desire to work together going forward. Your recent assertions and comments in the press have brought your good faith disagreement and concern into question. My letter is designed to define the distinction between your allegations and the facts.

There is an old adage that states that you can have your own arguments, but you cannot have your own facts. There is a corollary to that adage – one can repeat anything wrongly, and although stated often, it will never become true. If ours were an honest conversation about a policy issue, this letter would never need to have been written. Regrettably, the discussion is becoming increasingly threatening against my colleagues on the Board, AHA staff, and others for reasons that have more to do with aspersion and allegation than truth.

I have lived here all of my life. I have served our community in many ways and am proud of my service on the AHA Board. It has been immensely difficult service, but I am honored to have had the opportunity to serve as I have. The AHA has, in its past, dealt with many issues that have led to the charge that the AHA is mismanaged. But the AHA has also served this community in very important ways, with financial restraints, and through all of the challenges, the AHA has still provided safe, decent and affordable housing for the less fortunate members of our community. Since 2008, the AHA has been revitalizing its vision, embracing a long term strategic plan, and tackling the tough issues like never before.

 

AHA did not create the legal obligation for the community to provide affordable housing in the City of Aurora. If better resources and decision making had been available when it was constructed, what has been known as Jericho Circle would not be what it is today. Affordable housing is not simply the existence of housing that is ‘affordable’ by some undefined or randomly chosen measure – for instance, the existence of foreclosed homes, rental housing generally, or homeless shelters are all ‘affordable,’ but not affordable housing. We work with a certain understanding of what the words "affordable housing" mean. Those words, to my understanding, point to the type of redeveloped mixed income community that AHA is trying to bring to our City. This type of housing has a certain type of quantity and quality that meets ours and the City’s obligations to address needs for affordable housing. AHA has been accused of basically making up the fact that there is a substantial need in our City for affordable housing, when this is a core fact that has been shown in market studies, the City’s plans, and by the long waiting lists for applicants to AHA for housing assistance.

We work with the understanding that affordable housing is housing that sustainably serves a particular segment of the population for a commitment of decades in exchange for an investment in the construction of very high quality units designed to meet the needs demanded by the fact that the units will serve a community – our community – for a very long time. AHA’s understanding is that affordable housing is amongst the most financially scrutinized forms of housing in the marketplace and has, according to the information available to AHA, as an asset class, performed very well when compared to single family housing – or any other asset class. My business and banking background tells me that what AHA is trying to do is a good investment that will be watched over by the investors and the AHA, and that will pay off for the community. We have learned that affordable housing assets have held up well financially through our recent economic downturn. The foreclosure crisis might create a climate where housing prices decline, but foreclosures do not create affordable housing as much as housing that is just temporarily affordable and may not be tomorrow, a year from now or a decade from now.

Public housing, which is different from what AHA is trying to do with its redevelopment strategies, is a tool and product of the Great Depression. It is essentially a federally appropriated financing device that finances the post construction operation of units that serve those in need by heavily subsidizing their rent. Funding for public housing has been decreasing for over a decade and half. Funding for the building of public housing does not exist, other than in a mixed finance context (HOPE VI or Choice Neighborhoods Initiative). An important fact is that public housing and affordable housing are not the same thing. They do not necessarily serve the same populations, although some affordable housing units do serve extremely low income residents. The rest of the residents in affordable housing are, by financial necessity, people who work for a living.

Most residents in public housing pay little or no rent. Most public housing has no financial need to run in an economically efficient manner because it is housing provided where the payment of rent is made by federal appropriation and very little else.

Yet every time we discuss Jericho Circle as an affordable housing development, the specter of public housing is used to make the case that it is a bad idea to develop Jericho Circle. From the beginning, we made clear that we are not using the public housing model at Jericho Circle or anywhere else we build affordable units for our community. Jericho Circle is a distressed public housing development. AHA has proposed to demolish Jericho Circle as a public housing development.

Seemingly, our constant statements that we are not developing Jericho Circle as public housing seem to be ignored by your office, as do many of the other relevant facts in this matter. This letter is yet another attempt to set forth our intent and our thinking on the matter of affordable housing needs in the City and also Jericho Circle, specifically. Further, it is an attempt to propose ideas that may be a context for discussion between us. Finally, it is an attempt to obviate the need to look at some rather risky and impractical alternatives proposed by your office and others that would almost certainly result in adverse consequences for the City and possibly for the AHA – and to, again, provide you with the reasons for our thinking:

 Your staff has alluded to the possibility of acquiring individual houses, duplexes and four-plexes in some state of economic or physical distress in order to provide homes to the City’s low income residents. We have repeatedly noted that the AHA has no money to acquire the units, rehabilitate them and run them. Even if money for acquisition were discovered at the federal level (as an aside, it does not exist), the operation of these units would be hugely inefficient and cost prohibitive for the AHA to operate and manage. We do not believe the City has the money for the acquisition and operation of these units. Furthermore, assuming that the City (or some other federal or state resource) had the money to acquire and rehabilitate foreclosed homes, the expense of acquisition and rehabilitation of those units to meet the requirements of Fair Housing, Americans with Disabilities Act, and Department of Housing and Urban Development ("HUD") Housing Quality Standards would, likewise, be cost prohibitive, making this a very unattractive model to meet the City’s affordable housing demands.

But if one spends a little bit of time just thinking through the difficulties of financing an acquisition of this number of units and then adds the costs of operating them – insurance, cutting the grass, replacing driveways, replacing kitchens, bathrooms, and roofs – and those are the known and expected costs – one begins to see that this is a very expensive alternative for both the AHA and the City and that the expense will only increase over time. Many of those assets are old improvements that will need major capital investment over and above those cited – foundation work and other work – the cost makes little sense unless a federal or state source exists for financing the acquisition of the units (no such fund exists) and such an acquisition made sense to the AHA as a landlord (it does not).

 

 It is undeniable that our city has been impacted by the nation’s real estate crisis. We have never contested that foreclosed upon homes are, for the moment and the immediately foreseeable future, opportunities for people to have housing for cheap rent if those homes are available. Many of those homes are not available to rent for many reasons. The foreclosure process itself creates big barriers and drawn out uncertainties. Even if they were to be actually available, we do not know whether those homes would meet minimum quality standards for the housing AHA provides. As an anecdote to this issue in particular, history tells us that recessions pass and that rents increase over time. The rents in the future for these homes should they become available will be less affordable if they are affordable at all, defeating the concept of affordability in this segment of housing. No one knows when that will be, but we do know it will not be 30 years from now.

 Foreclosed upon homes do not impact the supply of affordable housing. AHA’s understanding of the definition of affordable housing is that affordable housing is a supply of housing serving people earning 0 to 60% of area median income for not less than 30 years (often much longer). No owner of a foreclosed upon single family home (or duplex – or quad) commits to keep rents affordable as described above for decades. In contrast, rents for affordable units are, as a rule, not subsidized but are subject to maximums which are driven by the market place as published by HUD.

 AHA is, and has always been, open to developing affordable housing on other sites. It cannot, however, pay for land. AHA is committed to building 75 affordable housing units in Aurora on a viable, available property (again, at this point in time, there has not been identified a viable and legally risk free alternative to Jericho Circle). Certainly, we would welcome any timely constructive ideas from your office on this issue which is extremely relevant to the City and AHA.

 AHA did in, fact, sign a Memorandum of Agreement ("MOA") with the developer, CG Affordable Housing Partners, referencing the Jericho Circle site, and also specifically incorporating the context of the AHA’s April 2011 time line and community discussion process. The MOA mostly dealt with providing structure to timelines for development in general terms and, further, set forth that the AHA retained flexibility on most issues for the reasons cited above. If one reads the MOA, that fact will become apparent. Your office asked AHA to look at site alternatives, not to suspend all acts needed in the course of development. AHA’s resolution in April confirmed that it would go ahead with its obligations and strategic plan, working up to the anticipated Fall financing application deadline. If another site is selected or becomes available, the parameters are unlikely to change and the chosen developer would undertake the development for that site. It seems from the reactions to AHA’s consistent progress according to its very open plans, like AHA’s recommitment to work more closely with the City has been wrongly turned into expectations and claims that AHA just abandoned all of its obligations and its strategic plan and was starting with a totally blank slate about doing anything at all. That is just not the case, and it is unfair to criticize AHA and its Board for doing what it said it would do all along.

AHA has proposed to phase development at Jericho Circle over a course of years. The current market study supports a first phase of 75 units at Jericho Circle. Any future development of units, regardless of the number of units, would depend upon a market study demonstrating a need for the units, more land, and better services. We do not deny that our broader aspiration for all 3 phases over the course of twenty years is to build 225 units, but that is an aspiration and nothing more. We are immediately focused only on phase I designed to produce 75 units.

It is also worth mentioning here that AHA’s concept of a revitalized community through a mixed income/mixed finance development includes a strong commitment to a focus on community amenities and education that center on children and their education. In this way, AHA and its developer hope to partner with Aurora’s community service providers to enhance the lives of the children in its developments and to be a supportive partner to education providers.

 Much has been made about HUD’s statements during your meeting with HUD staff, Mr. Lawrence’s conversations with HUD staff and our own meeting with HUD. HUD has actually been very consistent in its message to AHA and the City: we do not expect public housing, but we do expect affordable housing of some kind in the City of Aurora. HUD’s letter authorizing demolition of Jericho Circle – to date, the only express statement of HUD policy - is quite clear: as a condition to the permit to demolish, AHA must provide affordable housing to the City’s residents – but it need not be public housing. The recounted conversations others have had with HUD notwithstanding, the confusion about HUD’s position seems to be everyone else’s but HUD’s and ours. We have never maintained that HUD has issued an edict to rebuild public housing at Jericho Circle; we have maintained that HUD has issued a condition in the context of an authorization to demolish that affordable housing must be built to address the needs for affordable housing in the City. Regardless, more clarity is better than less, so we welcome whatever clarity HUD might provide.

 In order to remain completely transparent, we are revamping our web site postings of relevant documents concerning AHA’s redevelopment efforts, and will be posting documents, letters, communications and memos on the Web site, so that the community can more closely track our efforts. The AHA is not a City department. While we are appointed by you and we serve the City, we are an autonomous agency. We will always strive to work in tandem with you and the community to the fullest degree possible provided it does not impair our mission to provide our community with safe, decent and affordable housing. Our Board is an all volunteer Board, doing the best it can in difficult circumstances. They did not (and I might say I did not) deserve the threat of impending replacement or the hostility that we have received. We have been very transparent in all our dealings. Other than the Board’s executive sessions in its ordinary course of operations, nothing has been done behind close doors or surreptitiously with respect to Jericho Circle (or anything else, I might add) – the public record establishes that fact.

 

 It may be more helpful to the situation if we were all mindful of the many needs and issues that we are trying to address and respect the fact that people of exceedingly good faith with a lot more information than many are doing their level best to do the right thing by the City, the City Council, you and all the other stakeholders – and the AHA as well – recognizing that not everyone is going to get what they want out of this issue. Every solution here will be imperfect by its nature; it would be immensely helpful to AHA and all of the stakeholders if individuals would listen more carefully before they attacked our character, competency or intent. Our Board and the AHA’s staff deserve that much. We, of course, will commit to becoming better listeners.

It is indisputable that the AHA Board is appointed by the Mayor. We understand that it is your prerogative to appoint whomever you wish. We suspect that over time you will replace everyone on the Board currently, given your recent statements. Regardless of whomever you appoint, the issues as set forth above will not change. Any future Board will face the same issues we face regardless of whomever you wish to appoint. Replacing Board members who have voted in favor of affirmatively furthering affordable and fair housing choice, we think, will create more problems for the City.

We believe that the City and AHA have two choices: (1) we can remain at occasional, unpleasant, and disagreeable loggerheads and the City can continue to ignore and undermine the real issues before us by picking and choosing things from the past in order to cast doubt upon the AHA as an institution, impugn the very good intent of the Board and the service they have provided under the most difficult of circumstances, and, thereafter, risk a law suit against both the City and AHA for stonewalling an issue that absent a change in federal law will almost certainly come our way, or (2) we can all cooperate better than we have been and do that which is both sensible and necessary for the City, the AHA, and most importantly, our community’s residents in need.

From the outset, we have done everything we could to communicate our intent with you and your staff and at nearly every juncture we have been met by an unwillingness to listen coupled with a demand that we listen and accept the unacceptable. Our position has not changed because our risk is the same as the City’s in very important ways and aligning our actions with what we know the law demands protects us both.

I acknowledge that the AHA is not blameless in the current episode of miscommunication. I can see that there were opportunities for the AHA to communicate better that were not taken advantage of and we could have done any number of things differently. We are not alone in that fact. But one issue is incontrovertible: however imperfectly and unpolished, we have from the outset been consistent with the facts in every way, our positions have legal reasons backing them, and our facts given to the public, to you, and to the other stakeholders have been consistent and correct. Unlike many others involved in this conversation, we have not mischaracterized anything. It may be the case that people do not like what we are saying, but it does not mean that what we are saying is untrue or merits visceral reactions of doubt without further inquiry. We have no problem with anyone verifying what we have stated, but verify what we have actually stated, not what others claim we have stated.

 

I respectfully and sincerely suggest we all change the tone of the conversation to one which is more cooperative and respectful of everyone involved in order to be more productive for everyone’s benefit. That change alone might produce better results and better thinking than vilifying people, marginalizing voices by casting aspersions against those voices, and impugning motives. We have vilified no one; listened to everyone; answered every question honestly when we had an answer; and committed ourselves to finding answers when we did not. We will commit to continue down that path and do it better where we have not done it well.

We have another forum on August 11, 2011. We sincerely hope to see you and/or your staff there and look forward to your continued input, questions, and partnership within a more positive framework than the recent past. At the next forum, we will continue to address issues and concerns that have been raised, and that were raised on July 28, 2011.

Sincerely,

 

Alan Schuler

Board Chairman

Cc: AHA Board of Commissioners

Jean Federman, Executive Director

 

Last Updated on Monday, 08 August 2011 13:32
 
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