191177

Emergency Ordinance

*Amend approved application under the Multiple-Unit Limited Tax Exemption Program under the Inclusionary Housing Program for Woodstock Apartments located at 5515 SE Woodstock Blvd to decrease the number of restricted units (amend Ordinance 190760)

Passed

The City of Portland ordains:

Section 1.  The Council finds:

  1. On behalf of the City of Portland, the Portland Housing Bureau (“PHB”) administers the Multiple-Unit Limited Tax Exemption Program (the “MULTE Program” or “Program”), authorized under ORS 307.600-307.637 and City Code Chapter 3.103.
  1. The MULTE Program provides a 10-year property tax exemption on the residential portion of the structural improvements so long as Program requirements are met. During the exemption period, property owners remain responsible for the payment of taxes on the assessed value of the land and any commercial portions of the project, except for those commercial improvements deemed a public benefit and approved for the exemption.
  1. The MULTE Program is an incentive provided to developments complying with the City Inclusionary Housing (“IH”) Program, which requires 99 years of restricted rents of a designated percentage of units within the building.
  1. Ordinance No. 190760, passed by the Council on April 6, 2022, authorized a 10-year property tax exemption under the MULTE Program, in conjunction with the City’s Inclusionary Housing Program for the development known as Woodstock Apartments (the “Project”) and located at 5515 SE Woodstock Blvd (the “Property”). The application proposed three one-bedroom units, or 15 percent, of the Project’s 23 units would be restricted to households earning no more than 80 percent of Median Family Income (“MFI”) at the time of lease-up (the “IH Units”).  The developers of the Project have requested to amend their approved MULTE application in order to accommodate both a change in the unit type mix being built and a decrease in the Project’s total units from 23 to 20 total units as well as to adjust the Project’s IH option to include reconfiguration of the building’s IH obligation into larger unit types. The total number of IH Units has decreased compared to the initial application. The amended application proposes to restrict 15 percent of the total bedrooms in the Project to households earning no more that 80 percent of the MFI at the time of lease-up.  Using the reconfiguration option, one one-bedroom and one two-bedroom units, which is 10 percent of the Project’s total of 20 units, will be restricted to households earning no more than 80% MFI.
  1. The MULTE Program has an annual cap limiting the approval of new property tax exemptions to no more than 15 million dollars of new estimated foregone revenue within a five-year period, defined as any current year and the previous four years. There is sufficient cap remaining for the 2023 calendar year to include the Project’s amended application.
  1. PHB has the responsibility for reviewing compliance of approved applications with the minimum MULTE Program requirements and has concluded that the amended application for the Project does indeed meet the minimum Program requirements.

NOW, THEREFORE, the Council directs:

  1. The amended request for a 10-year property tax exemption under the MULTE Program is hereby approved for 10 percent of the residential portion of the structural improvements of Woodstock Apartments, including 10 percent of residential parking and common areas.
  2. Ordinance No. 190760 is amended as follows:
    1. The Project must restrict 10 percent of its 20 units to households earning no more than 80 percent MFI (the “Restricted Units”). The Restricted Units, through reconfiguration, will consist of one one-bedroom and one two-bedroom units.  
  3. All other portions of Ordinance 190760 will remain the same.

Section 2.  The Council declares an emergency exists because timely City approval of the application for the MULTE Program is necessary in order to allow the Project to meet requirements to approve the building permit as outlined by the Bureau of Development Services; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

An ordinance when passed by the Council shall be signed by the Auditor. It shall be carefully filed and preserved in the custody of the Auditor (City Charter Chapter 2 Article 1 Section 2-122)

Passed by Council

Auditor of the City of Portland
Simone Rede

Impact Statement

Purpose of Proposed Legislation and Background Information

To ensure Portland has economically inclusive development and neighborhoods, the city requires that new buildings being constructed (with more than 20 units) also provide Inclusionary Housing units (“IH Units”), restricted for 99 years under the Inclusionary Housing (“IH”) Program.

In exchange for providing IH Units, developers receive some benefits, including a 10-year property tax exemption – typically on all residential units in the Central City, or on only eligible rental units restricted under the IH Program outside the Central City.

On April 6, 2022 the Council passed Ordinance 190760 which authorized a 10-year property tax exemption for Woodstock Apartments.  Under Ordinance 190760, the developer selected to provide 15% of the building’s 23 units, totaling three units, restricted to households earning no more than 80% median income for 99 years.

Since the passage of the aforementioned Ordinance, the developers of the building have requested to amend their approved 10-year property tax exemption application in order to accommodate both a change in the composition of unit types and a decrease in the Project’s total units from 23 to 20 total units as well as to adjust the Project’s IH option to include reconfiguration of the building’s IH obligation into larger unit types. For the building associated with this amended ordinance, below are the options available to the developer in city code. The option selected by the developer is in bold.

On-Site

Units

New

Off-Site Units

Existing

Off-Site Units

Fee-in-Lieu

Units at 80% of Median Income

3 Units

N/A

N/A

N/A

Bedrooms at 80% of Median Income

3 Bedrooms

N/A

N/A

N/A

Units at 60% of Median Income

2 Units

4 Units

5 Units

N/A

Bedrooms at 60% of Median Income

2 Bedrooms

N/A

N/A

N/A

Units at 30% of Median Income

N/A

2 Units

3 Units

N/A

No Inclusionary Units

N/A

N/A

N/A

$345,391

The developer selected the option to provide 15% of the building’s 20 units, totaling three units, restricted to households earning no more than 80% median income for 99 years. Using the option to reconfigure the building’s IH obligation into larger type units, the building’s original requirement of three one-bedroom units, which is 15 percent of the project’s total 20 units will be provided in one one-bedroom and one two-bedroom units, which is 10 percent of the project’s total 20 units, and will be restricted to households earning no more than 80 percent median income for 99 years.

Original IH Unit Requirements

(3 IH Units)

Total Bedrooms in Original IH Unit Requirements

IH Obligation utilizing Reconfiguration

(2 IH Units)

(3) One-bedroom

3 bedrooms

(1) One-bedroom

(1) Two-bedroom

Because this building is outside the Central City Plan District, the tax exemption will apply to the IH Units.

Overview of building and units for Ordinance No. 190760:

23-unit building at 5515 SE Woodstock Blvd

  1. Market rate units: 20 units
  2. IH Units: 3 units

Studio

One

Bedroom

Two

Bedroom

Three

Bedroom

Total

-

23

-

-

Market Rate

-

20

-

-

Restricted to 80% of Median Income

-

3

-

-

Average Square Footage

-

568

-

-

Largest Square Footage

-

608

-

-

Smallest IH Unit

-

556

-

-

Overview of building and units for Amended Application:

20-unit building at 5515 SE Woodstock Blvd

  1. Market rate units: 18 units
  2. IH Units: 2 units

Studio

One

Bedroom

Two

Bedroom

Three

Bedroom

Total

-

17

3

-

Market Rate

-

16

2

-

Restricted to 80% of Median Income

-

1

1

-

Average Square Footage

-

568

801

-

Largest Square Footage

-

608

801

-

Smallest IH Unit

-

556

801

-

Regulated restricted rents compared to new construction market rate rents in the same neighborhood:

Studio

One

Bedroom

Two

Bedroom

Three

Bedroom

Market Rate

-

$1,518

$1,971

-

Restricted to 80% of Median Income

-

$1,450

$1,741

-

Monthly Rent Difference

-

$68

$230

-

Annual Rent Difference

-

$816

$2,760

-

 Over the 99 years of required rent restriction, market rents will only continue to increase at a faster rate compared to regulated rents.

If this ordinance is not approved by City Council, the development will proceed without any IH Units.

ORS 307.621 and City Code Section 3.103.060(B) state that PHB will take applications to City Council for approval in the form of an ordinance and deliver approved applications to the Multnomah County Tax Assessor. This action meets those requirements.

Financial and Budgetary Impacts

The City will pay the $1,700 application activation fee to Multnomah County, should the application move forward.

This Ordinance approves a property tax exemption resulting in foregone tax revenue. The total estimated amount of the property tax revenue not collected for the 10 years of the exemption period is valued at approximately $22,101 in today’s dollars, assuming a four percent discount rate and a three percent annual assessment increase. This 10-year estimate includes taxes foregone by the City of Portland, Multnomah County and other entities which receive property taxes within Multnomah County. The reduced amount of property taxes to the City of Portland over the 10 years is roughly 33 percent of that amount, or $7,293. The City will still benefit from property taxes collected on the improved value of the land during the exemption period.

Property Tax exemption value and foregone revenue for Ordinance 190760:    

Estimated total foregone revenue:

$33,690

Estimated first year value of the tax exemption:

$3,658

Estimated annual value of the tax exemption per inclusionary unit during the exemption period:

$1,230

Estimated annual foregone revenue per inclusionary unit over 99-year restriction term:

$113

Property tax exemption value and foregone revenue for amended application:

Estimated total foregone revenue:

$22,101

Estimated first year value of the tax exemption:

$2,400

Estimated annual value of the tax exemption per inclusionary unit during the exemption period:

$1,105

Estimated annual foregone revenue per inclusionary unit over 99-year restriction term:

$112

Central City Plan District:      Yes     No

Remaining 5-Year Cap:       $12,332,601

Property Management:        Not selected yet

Community Impacts and Community Involvement

As the largest taxing jurisdiction affected by the tax exemption programs, Multnomah County has approved the administration of the programs in order to meet shared affordable housing goals.

100% Renewable Goal

Approval of the MULTE does not impact the City’s total or renewable energy use.

Budget Office Financial Impact Analysis

This action would result in estimated foregone property tax revenues to the City totaling $7,293 over ten years for 2 units affordable at or below 80% MFI. Total cost to all jurisdictions forgoing revenue is estimated at $22,101. The estimated value of the tax exemption for the first year is $2,400 (all jurisdictions), which equals approximately $1,105 per affordable unit per year during the exemption period. The City will still benefit from property taxes collected on the improved value of the land during the exemption period. The City will pay Multnomah County the $1,700 application activation fee if the application moves forward. 

Agenda Items

156 Consent Agenda in February 22, 2023 Council Agenda

Passed

  • Commissioner Carmen Rubio Yea
  • Commissioner Dan Ryan Yea
  • Commissioner Rene Gonzalez Yea
  • Commissioner Mingus Mapps Yea
  • Mayor Ted Wheeler Yea

Contact

Cassie Graves

Program Coordinator

Requested Agenda Type

Consent

Date and Time Information

Requested Council Date