This article was written by BenitoLink intern Ariana Rivera. Lea este artículo en español aquí.
San Benito County officials are working on a policy to prioritize local residents for affordable housing units. The county Planning Commission is still ironing out details before the proposal goes before the Board of Supervisors.
The debate surrounding the local preference plan stems from the board’s attempt to define who qualifies as a resident and how to decide between multiple eligible residents. The planning commissioners indicated their ultimate goals were to preserve community ties, remedy displacement and mitigate potential gentrification.
On June 18, the commissioners unanimously agreed to continue the item to their August meeting when they are expected to discuss adding seniors as a preference, removing a one-year residency requirement and other criteria.
The local tenant preference is intended to fall under local affordable housing regulations—projects in which the county plays a part in development approval or developmental assistance, and projects with four or more attached or detached units.
Tenant applicants who meet the requirements would be given priority when landlords are looking to fill available units.
County officials have been considering the preference policy since April.
Suggestions that sparked debate at the June 18 meeting included the addition of a one-year residency requirement and the removal of the weighted point system associated with the list of preferences.
The commissioners, who are appointed by the county board, discussed the legal challenges that could come with the addition of a residency requirement because of the potential violation of federal and state fair housing laws, and the privileges and immunities clause outlined in the U.S. Constitution.
Assistant County Counsel Sean Cameron said that any privileges and immunities provided to people within a jurisdiction must apply to all, irrespective of how long they’ve lived within a jurisdiction.
Commissioner Robert Gibson said that not having the one-year residency requirement defeated the purpose of a local tenant preference.
“It’s called the local tenant preference, but if you’re a local after the first day I don’t see a purpose for it. It seems useless at that point,” Gibson said.
San Benito County is not alone in attempting to keep locals from being displaced by rising housing costs.
Senior Planner Stephanie Reck said that she spoke with Santa Cruz County staff, who mentioned a similar durational residency provision, and their legal counsel has flagged similar concerns. Reck said Santa Cruz staff said though they have a one-year durational preference policy for local tenants, it was adopted as a resolution, which expresses the city’s stance but is not legally binding like an ordinance.
The local plan gives preference to:
- Involuntarily displaced households affected by natural disasters or a “no fault” eviction
- Neighborhood residents
- County residents
- Workers employed in the county
- Residents with high rent or household costs
- Residents with children in a local school district
- Agricultural employees working in the county
A housing applicant earns a “point” for each preference that is met. The applicant would then be a higher priority candidate for the next available housing unit.
During their April meeting, the commissioners expressed discomfort about assigning additional weight to individuals who satisfied multiple preferences.
“We’ve been talking for years about local preference and all of a sudden then if you’re one of these [people who meet a preference] you’re extra special,” Gibson said at the meeting. “I don’t like that.”
At the commission’s June 18 meeting, Reck sought the board’s input on alternative scoring systems.
Following his statement on the value of the preference point system, especially when deciding between two eligible county residents, Commissioner Richard Way withdrew his initial request to remove it. Much of the board shared Way’s sentiment.
San Benito High School District financial advisor Jeff Small, who works for Capital Public Financial Group, asked the commissioners to consider an exemption for housing intended for local school staff.
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