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December 3, 1998

To:Budget Committee

From:City Clerk

Subject:Establishment of a Capital Revolving Fund for Affordable Housing and the Social Housing Reserve Fund

Recommendation:

The Community and Neighbourhood Services Committee on December 3, 1998, recommended to the Budget Committee, and the Strategic Policies and Priorities Committee, the adoption of:

(1)the recommendation of the Board of Directors of the City of Toronto Non-Profit Housing Corporation and the Board of Directors of The Metropolitan Toronto Housing Company Limited embodied in the attached communication dated November 23, 1998, from the Corporate Secretary respecting the Social Housing Reserve Fund and the establishment of a Capital Revolving Fund;

(ii)the attached joint report dated December 1, 1998, from the Commissioner of Community and Neighbourhood Service and the Chief Financial Officer and Treasurer on the establishment of the Capital Revolving Fund for Affordable Housing.

City Clerk

R. Dyers/tl

Item No. 20

(Communication dated November 23, 1998, addressed to the

Community and Neighbourhood Services Committee from the

Corporate Secretary, The City of Toronto Housing Corporation and

The Metropolitan Toronto Housing Company Limited)

The Board of Directors of The City of Toronto Non-Profit Housing Corporation (Cityhome) and theBoard of Directors of The Metropolitan Toronto Housing Company Limited (MTHCL) on November 23, 1998, had before them a report (November 16, 1998) from the Chief Operating Officer, advising that in July, 1998, City Council agreed that a capital revolving fund for affordable housing should be established to provide financial support to projects that demonstrate the City's role in facilitating the creation of affordable housing; stating that this is an initiative of the City and will have no anticipated financial impact on the new amalgamated Housing Company; setting out a draft set of management principles for such fund, which will be presented to City Council in December; and recommending that the Board of Directors approve the following:

(1)recommend to Council the establishment of a Capital Revolving Fund for Affordable Housing using proceeds from the Social Housing Reserve Fund which are not required by the new housing company;

(2)transfer the amount of $5,670,000.00 in the Social Housing Reserve Account to the Capital Revolving Fund when approved by City Council. Any profit earned from the sale of units in the Pooled Investment Fund on the date of transfer will also be transferred to the Capital Revolving Fund;

(3)the amount of $1,100,000.00 be retained in the Social Housing Reserve Fund account currently being managed by Cityhome to be used to subsidize budget shortfalls in future years; and

(4)transfer the interest income earned on the Social Housing Reserve Fund during the year of 1998 to revenue as approved in the 1998 Operating Budget.

The Boards of Directors recommended to the Community and Neighbourhood Services Committee, and Council, adoption of the aforementioned report.

(Report dated November 16, 1998, addressed to the

Boards of Directors, The City of Toronto Non-Profit Housing Corporation and

The Metropolitan Toronto Housing Company Limited,

from the Chief Operating Officer, Toronto Housing Company)

Recommendations:

That the Board of Directors approve the following:

(1)recommend to Council the establishment of a Capital Revolving Fund for Affordable Housing using proceeds from the Social Housing Reserve Fund which are not required by the new housing company;

(2)transfer the amount of $5,670,000.00 in the Social Housing Reserve Account to the Capital Revolving Fund when approved by City Council. Any profit earned from the sale of units in the Pooled Investment Fund on the date of transfer will also be transferred to the Capital Revolving Fund;

(3)the amount of $1,100,000.00 be retained in the Social Housing Reserve Fund account currently being managed by Cityhome to be used to subsidize budget shortfalls in future years; and

(4)transfer the interest income earned on the Social Housing Reserve Fund during the year of 1998 to revenue as approved in the 1998 Operating Budget.

Background:

In July, City Council in its meeting agreed that a capital revolving fund for affordable housing should be established to provide financial support to projects that demonstrate the City's role in facilitating the creation of affordable housing. City Council asked the Chief Financial Officer and Treasurer, the Commissioner of Corporate Services and the Commissioner of Community and Neighbourhood Services to report on options for establishing such a fund and potential funding sources. Draft management principles for a Capital Revolving Fund for Affordable Housing (Appendix "A") have been prepared by staff of the Shelter Housing and Support Division, City of Toronto, and a report will be presented to Council about the Fund on December 16 and 17, 1998.

Staff from both Cityhome and the City participated in the development of this report. One of the recommendations of this report requested the City to establish a Capital Revolving Fund for Affordable Housing and redesignate the Social Housing Reserve Fund (SHRF) of the former City of Toronto for this purpose. The SHRF are currently kept in two separate accounts, one under the City and one under Cityhome.

The funds in Cityhome were the result of City Council adopting a report in March of 1993, entitled "Plan to Restructure the Financial Relationship between the City and the City of Toronto Non-Profit Housing Corporation" (Appendix "B"). The report authorized Cityhome to use these funds to reimburse the City of Toronto for any salary and employee benefit costs shortfall of City of Toronto Housing Department employees performing work on behalf of Cityhome that is not otherwise reimbursed through other payments to the City on an annual basis; and to provide funds for Cityhome's land acquisition wherein full cost recovery including full interest carrying costs will occur and where City Council has approved such acquisitions.

For the past five years, Cityhome has withdrawn approximately $1.4 million annually from the SHRF to reimburse for salary expenses shortfall not funded through Provincial/Federal subsidy. The Cityhome reorganization plan adopted by the Board in 1997 substantially reduced the salary and benefits expenses of the corporation and our reliance on the SHRF. The 1998 Operating Budget approved by the Board included the use of only the interest portion of the SHRF, budgeted at $422,000.00, a substantial reduction from the $1.4 million in the previous year. With the amalgamation of Cityhome and MTHCL, we anticipate that further savings can be achieved in staffing costs. Our projection indicated that the retention of $1.1 million in the fund will be sufficient to provide the same budgeted contribution in 1998 of $422,000.00 over the next three years assuming investment return rate of7percent. Within these years, the new housing company will eliminate any further dependance on the SHRF.

The remaining balance of $5,670,000.00 in the SHRF is available to be transferred to the Capital Revolving Fund for Affordable Housing. The SHRF are currently invested in the Pooled Investment Fund with a market value about 11percent over the booked value. The exact amount available at the date of transfer will depend on the prevailing market condition. Alternatively, the new housing company could continue to manage the City's fund within the Pooled Investment Fund until withdrawals are required.

Conclusion:

It is recommended that the Board of Directors adopt the recommendations to support the housing initiative of the City since there will be no anticipated financial impact or burden on Cityhome or the new amalgamated company.

(A copy of each of Appendices A, B, C and D, referred to in the foregoing report (November16,1998) from the Chief Operating Officer, has been forwarded to all Members of Council with the agenda of the Community and Neighbourhood Services Committee for its meeting on December 3, 1998, and a copy thereof is also on file in the office of the City Clerk.)

--------

(Joint Report dated December 1, 1998, addressed to the

Strategic Policies and Priorities Committee from the

Commissioner of Community and Neighbourhood Services and

the Chief Financial Officer and Treasurer)

Purpose:

Recognizing that Council has agreed in principle to establish a Capital Revolving Fund for affordable housing to provide financial support to projects that demonstrate the City's role in facilitating creation of affordable housing (July 1998), the purpose of this report is to:

(i)report back in response to Council's request for options to establish such a fund and potential funding sources;

(ii)recommend establishment of a Capital Revolving Fund to support partnerships with non-profit groups to develop affordable ownership, rental and transitional housing;

(iii)recommend "seeding" the proposed fund using monies in the existing Social Housing Reserve Fund of the former City of Toronto, and with funds from the partial settlement of claims against the Province relating to cancellation of non-profit housing projects for this purpose;

(iv)provide draft management guidelines for the proposed Capital Revolving Fund; and

(v)report back in response to Council's request for options to reallocate the $11.7 million which was set aside in the 1998 City Operating Budget for Social Housing Costs, and is no longer required due to the Province's decision to retain funding for 100 percent supportive housing portfolios.

Financial Implications:

This report would redesignate approximately $10 Million in existing reserve funds (not including the value of City-owned sites where proceeds must be returned to the SHRF -value to be determined), part of which was previously allocated to Cityhome for social housing purposes under a 1993 Council-approved plan (former City of Toronto) for the Social Housing Reserve Fund (SHRF), and the remainder of which is in Account No. 5210 (social housing account, former City). As these funds were acquired in exchange for negotiated increases in height and/or density, their use is restricted by agreements (as provided under Section 37 of the Planning Act) which requires that they be used for affordable housing purposes. The proposed Capital Revolving Fund for Affordable Housing would support affordable housing development that falls within this restricted use.

This proposal would require having Cityhome to phase out its reliance on the SHRF (the Board supports the proposal).

This report proposes that net proceeds from partial settlement of claims against the Province due to cancellation of non-profit housing projects be allocated to the proposed Capital Revolving Fund for Affordable Housing.

Recommendations:

It is recommended that:

(1)the City establish a Capital Revolving Fund for Affordable Housing and redesignate the Social Housing Reserve Fund of the former City of Toronto for this purpose;

(2)the Capital Revolving Fund for Affordable Housing be managed as a restricted reserve fund, consistent with the requirements of Section 37 of the Planning Act;

(3)the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer be responsible for making recommendations to Council about allocation of funds from the Capital Revolving Fund to non-profit organizations including Cityhome/Metro Toronto Housing Company Limited, per the management plan outlined in this report, and restricted to the following purposes:

(i)proposal development funding for affordable housing projects;

(ii)project development assistance including forgivable loans and repayable loans;

(iii)project financing (e.g., second mortgage loans); and

(iv)other activities related to improving the quality and quantity of affordable housing supply in the City of Toronto;

(4)the $1,288,776.72 received from the Province of Ontario as partial settlement of the former City of Toronto and Cityhome's claim against the Province arising out of the cancellation of non-profit housing projects be allocated as follows:

(i)$214,186.23 to Corporate Services to cover legal costs associated with the claim;

(ii)$7,813.00 to Cityhome to cover expenses related to the claim; and

(iii)$1,066,777.49 (plus accumulated interest) to the proposed Capital Revolving Fund for Affordable Housing;

(5)the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer report back on options for ongoing funding of the Capital Revolving Fund for Affordable Housing, if adopted;

(6)the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer report back on final management guidelines for the Fund;

(7)Council write to the Minister of Municipal Affairs and Housing and the Federal Minister responsible for Canada Mortgage and Housing advising that Council has established a Capital Revolving Fund to support Affordable Housing, and to request that the Province of Ontario and Government of Canada participate in supporting development of affordable housing in the City of Toronto by contributing to this Fund; and

(8)authorize and direct appropriate City officials to take the necessary actions to implement these recommendations.

Council Reference/Background:

At its May 1998 meeting, Council asked the Chief Financial Officer and Treasurer and the Commissioner of Community and Neighbourhood Services to submit a joint report regarding disposition of funds to be received as a result of partial settlement of claims against the Province related to cancellation of non-profit housing projects, and the possibility of such funds being allocated to the Social Housing Reserve Fund.

At its July 1998 meeting, Council agreed, in principle, that a Capital Revolving Fund for Affordable Housing should be established to provide financial support to projects that demonstrate the City's role in facilitating the creation of affordable housing, and asked the Chief Financial Officer and Treasurer, the Commissioner of Corporate Services and the Commissioner of Community and Neighbourhood Services to report back on options for establishing such a fund and potential funding sources. As part of that report, the concept using a portion of proceeds resulting sale of City-owned surplus sites to provide ongoing funding to a capital revolving fund was put forward and, therefore, it was necessary to obtain input from the Commissioner of Corporate Services. Since we are not at this time making recommendations about ongoing funding sources, the Commissioner of Corporate Services has not been a party to preparing this report.

Also at its July 98 meeting, Council asked the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer to report back on reallocation of $11.7 million which was set aside in the 1998 City Operating Budget for Social Housing Costs, and is no longer required due to the Province's decision to retain funding for 100 percent supportive housing portfolios. Potential uses for this fund would include providing support for affordable housing demonstration projects. We are not recommending that the savings be reallocated for this purpose at this time, as we feel that there are sufficient funds available to "seed" the proposed Capital Revolving Fund should Council agree to redesignate the Social Housing Reserve Fund and allocate net proceeds from the partial settlement of claim against the Province, as recommended by this report in the September variance report. The 1998 savings have reduced the draw from the Transition Reserve Fund for Capital Projects.

At its meeting of November 23, 1998, the Cityhome Board approved turning over their share of Social Housing Reserve funds (approximately $5.67 Million) for use as part of a Capital Revolving Fund for Affordable Housing, and recommended to the Community and Neighbourhood Services (for its December 3, 1998, meeting) that the City support such a fund.

Comments:

Comments are provided under the following headings:

(1.0)Strategy for Creating Affordable Housing

(2.0)Sources of Funding for a Capital Revolving Fund for Affordable Housing Development

(2.1)Existing Social Housing Reserve Fund;

(2.2)Settlement of Claims Regarding the Non-Profit Program Cancellation;

(2.3)Savings due to "upload" of dedicated supportive social housing portfolios; and

(2.4)Additional sources of initial and ongoing funding.

(3.0)How the Fund would be Used:

(3.1)Precedents; and

(3.2)Proposed Capital Revolving Fund for Affordable Housing

Appendix A:Precedents; and

Appendix B:Fund Management Guidelines.

(1.0)Strategy for Creating Affordable Housing:

The interim report of the Mayor's Action Task Force on Homelessness (July, 1998) stressed the need for preventive and long-term solutions to the City's serious homeless problem. In particular, research indicates that there is a shortfall of 5,000 supportive housing units and, over and above this, there is need for an additional 2,000 to 4,000 affordable housing units annually. The interim report points out that it is significantly less expensive to provide permanent housing (about $22.00 to $30.00 rent per day for a self-contained one or two bedroom unit) than it is to provide emergency or short term shelter (about $30.00 to $43.00 per day for a hostel or shelter bed). Since cancellation of Provincial and Federal funding for new non-profit housing (in 1993 and 1995, respectively), there has been virtually no construction of permanent rental or affordable housing in the City of Toronto.

At its July meeting, Council adopted a Strategy for Creating Affordable Housing that addresses this gap and proposes a new role for the City in creating affordable housing. The strategy recognizes that the City does not have the resources or the mandate to address the causes of housing affordability problems on its own. Therefore the City's role is as a facilitator and partner in the creation of affordable housing:

The goal of the Affordable Housing Development Strategy is to create an environment in which private sector and community partners will be willing and able to develop affordable housing for people with a range of housing needs that are not currently being met in the market."

Consistent with this facilitative role, the City of Toronto does have certain tools that can be used to make it more feasible to create affordable housing. These include policy tools related to its planning and regulatory powers that can have a major long term impact (e.g., density incentives, reduced property taxes), and a more immediate impact (such as contributing assets such as land and financing power to support specific affordable housing projects).

Research by Greg Lampert for the Metro Stakeholder Panel in 1997 suggests that a combination of tools, such as equalizing property taxes for new rental buildings with the residential and condominium rate, and reduced land costs, can make it feasible to produce rental housing. Additional measures, such as equity contributions or reduced financing costs, help make it possible to produce housing that is affordable (below market). One example, now under development, is the 30 St. Lawrence project where 10 affordable townhouses will be constructed by Dixon Hall to accommodate 40 homeless men and women.

Certain tools which would greatly increase the feasibility of new affordable housing could, and should, be provided by the senior levels of government (e.g., capital funding, rent supplement funding, reduced mortgage insurance, equitable GST policies). One goal of the proposed Capital Revolving Fund for Affordable Housing is to use the fund to lever financial support from other levels of government (for example, matching funds) and, potentially, the private sector.

Also at its July meeting, Council approved City facilitation of demonstration projects, through partnerships, to create affordable housing using three models:

(a)Transitional Housing Demonstration Projects: housing that provides a transition from living in emergency shelter to stable, longer term housing, and which includes appropriate community supports;

(b)Affordable Rental Demonstration Projects: affordable rental housing for target groups which do not require linked community supports; and

(c)Affordable Ownership Demonstration Projects: ownership housing that is sufficiently low-cost that it can be purchased by households (in particular, families) with moderate to low incomes.

Staff are now taking steps to identify suitable City-owned sites and community partners for demonstration projects, and will be reporting back to Council through the Council Strategy Committee for People Without Homes.

Another ingredient key to proceeding with these demonstration projects will be provision of financing assistance, including second mortgage loans, grants for some or all development soft costs, and project development financing. The proposed Fund would be used to provide some direct City financial assistance to non-profit organizations developing demonstration projects, but more importantly, this assistance is given to help the group to lever other sources of financial assistance whether through charitable donations, financing, government subsidies and/or other contributions.

(2.0)Sources of Funding for a Capital Revolving Fund for Affordable Housing Development:

This section discusses redesignation of the existing Social Housing Reserve Fund for use as a capital revolving fund to support affordable housing development. It also proposes using net proceeds from the partial settlement of claims against the Province related to cancellation of non-profit housing projects as additional "seed" funding for the capital revolving fund for affordable housing.

Sources of ongoing funding will need to be established. At this time, no recommendations are being made about sources of ongoing funding. Instead, this report recommends that the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer report back about ongoing funding sources, should Council agree to establish a Capital Revolving Fund for Affordable Housing.

(2.1)Existing Social Housing Reserve Fund:

We recommend that the Social Housing Reserve Fund be redesignated as a Capital Revolving Fund for Affordable Housing, to be managed as a restricted reserve fund, consistent with the requirements of Section 37 of the Planning Act. As discussed in section 3.2, and detailed in Appendix B, the proposed uses for this funding meet the requirement that the monies be used for affordable housing purposes, and would be a productive use of this capital asset.

The SHRF was established by the former City of Toronto in 1986. It was set up initially to provide a separate account for a $2 Million cash-in-lieu payment from the World Trade Centre as part of an agreement to satisfy the assisted housing obligation of this project under the Official Plan. Section37 of the Planning Act allows local municipalities to pass zoning by-laws that authorize increases in density and/or height in exchange for the provision of public benefits. These benefits may be secured by a municipality entering into one or more agreements with a developer, which may then be registered against the title of the land. The former City of Toronto successfully secured a range of facilities and/or amenities by participating in Section 37 agreements, including land and capital funds for social housing. All funds received by the City for assisted or social housing purposes through negotiated density bonuses since 1986 have been deposited in the SHRF.

Up until 1993, monies in the SHRF were used to acquire land and buildings for non-profit housing projects, and to cover fees and charges incurred up until the time that the housing provider was able to establish a mortgage. Revenues from the sale of sites to non-profit social housing providers were returned to the SHRF.

In 1993, when the SHRF balance stood at approximately $4.7 Million (not including the value of sites to be sold or developed), the former City Council made a policy change with regard to future use of the SHRF. It was determined that there were sufficient City-owned sites for non-profit housing development, and site acquisition stopped. A budget decision was made to transfer management of the SHRF to Cityhome, as part of an overall plan to restructure the financial relationship between the City and Cityhome. Under this "Cityhome Independence Plan", Cityhome was given authority to draw from the fund to cover certain operating costs, and the City's annual operating budget contribution to Cityhome was eliminated.

For the past five years, Cityhome has withdrawn approximately $1.4 Million annually from the SHRF to reimburse for salary expenses shortfall not funded through Provincial/Federal subsidies. The 1998 Operating Budget approved by the Board included the use of only the interest portion of the SHRF, budgeted at $422,000, a substantial reduction from the $1.4 Million withdrawn in the previous year, and Cityhome staff anticipate that retention of $1.1 Million of the fund will be sufficient to provide the same budgeted contribution in 1998 ($422,000.00) over each of the next three years, and that during that period, Cityhome would be able to eliminate any further reliance on the SHRF. The Cityhome Board supports re-designation of $5.67 Million (plus interest) for a Capital Revolving Fund, as will be reported to Community and Neighbourhood Services Committee on December3,1998.

Since 1993, additional monies (over and above interest earned on investing the fund) have been credited to the Fund and remain with the City in Account No. 5210 Social Housing Fund. In 1998 alone, $1.8 Million was returned to the City's share of the fund due to sales of specific properties. As of Oct.31, 1998, the balance in Account No. 5210 was $4,212,000.00 including interest (about $933,000.00 of this amount is already committed for social housing related capital projects).

This report proposes that the remaining balance of $5.67 Million in the Cityhome SHRF along with the remaining balance of $4,212,000.00 in the City's portion of the SHRF, including interest (and adjusted as of the transfer date), be transferred to the proposed Capital Revolving Fund for Affordable Housing.

(2.2)Settlement of Claims Regarding the Non-Profit Program Cancellation:

As reported in May 1998, the City has reached a partial settlement with the Province with regard to claims by the former City of Toronto and Cityhome over costs incurred as a result of cancellation of the non-profit housing program. The partial settlement relates to legal, consulting and other project development costs that had been incurred by the City relative to specific non-profit projects cancelled by the Province in 1995. The City agreed to accept the partial settlement of $1,288,776.72.

We recommend that $214,186.23 of the partial settlement be allocated to the Corporate Services Department as reimbursement for legal costs related to the claim. An amount of $7,813.00 should also be disbursed to Cityhome for the company's expenses related to the cancelled projects.

As for the remaining $1,066,777.49 (plus accumulated interest), we recommend that this amount be allocated to the Capital Revolving Fund for Affordable Housing. The settlement received on the cancelled projects was due to the City's efforts to develop affordable housing, and it is therefore appropriate that funds recovered be directed to the same purpose.

The remaining claim against the Province of approximately $56 Million, relating to costs incurred by the City in acquiring and holding land for cancelled housing projects, has yet to be settled. Negotiations have only just begun and can be expected to continue for quite some time given the magnitude of the claim. Staff will report further on these negotiations and, ultimately, will require Council approval for any settlement which is negotiated before an amount can be formally accepted. At that time, staff will make recommendations for disposition of the settlement amount.

2.3Savings Due to "Upload" of Dedicated Supportive Social Housing Portfolios:

As reported to Council in July, the cost of social housing portfolios which are 100 percent dedicated to supportive housing as defined by the Ministry of Municipal Affairs and Housing are no longer the responsibility of municipalities (retroactive to January 1, 1998).

For 1998, $266,278,406 was set aside in the City's Operating Budget for social housing costs. The Province has estimated social housing cost savings to the City for 1998 are $11,784,329, after being adjusted by GTA pooling. This means the City's base budget for social housing costs has been reduced for this year and all future years and the City's ongoing downloading impact is reduced from $266 Million to $254 Million.

In July, Council asked the Commissioner of Community and Neighbourhood Services and the Chief Financial Officer and Treasurer to report back on reallocation of the savings. Potential uses for these savings would include providing support for affordable housing demonstration projects. We are not recommending that the savings be reallocated for this purpose at this time, as we feel that there are sufficient funds identified above to "seed" the proposed fund. This recommendation has a direct impact in terms of reducing the City's operating budget requirements in 1999 and beyond, to the extent that these funds are available. This recommendation has been reflected in the September 1998 variance report.

(2.4)Additional Sources of Initial and Ongoing Funding:

Redesignation of the SHRF and allocation of the partial settlement from the Province can provide a good start for the proposed Capital Revolving Fund. However, in comparison to the high cost of housing production and the overwhelming need for affordable housing, longer term ongoing funding will be required. This report recommends that the Commissioner of Community and Neighbourhood Services and Chief Financial Officer and Treasurer report back on potential sources for ongoing funding, which may include options such as a portion of revenues earned on sales of surplus City-owned sites, City operating or capital budget allocations, and matching fund contributions from other levels of government or the charitable, private and corporate sectors.

(3.0)How the Fund would be Used:

This section provides an overview of how similar funds have been used before by the City and in other jurisdictions (additional information is provided in Appendix A), and proposes a management model for maintaining, accessing and using the funds (additional detail provided in Appendix B).

(3.1)Precedents:

A report by CMHC dated January 1998, "New Ways to Create Affordable Housing", looked at what community-based organizations were doing across Canada to build affordable housing without government subsidies. After surveying 186 organizations, they found that 38 percent of the groups were able to develop, or are developing, affordable housing projects without Provincial or Federal subsidies. The biggest obstacle faced by organizations trying to develop affordable housing without government subsidy was the difficulties they had in obtaining financing (followed by cost of land and site acquisition and then difficulties with development approvals).

This does not mean these groups always wanted or needed free money, although providing grants would also help reduce costs. It means that the groups needed assistance with cash flow during project development and construction, and needed help to obtain mortgage financing once the project is complete, such also provision of second mortgages in recognition of the fact that these community groups seldom have a great deal of equity at the start.

For this reason, potential uses for the proposed capital revolving fund for affordable housing include providing grants but, more importantly, providing financing assistance so non-profit groups can manage cash flow during development, and are able to secure mortgage financing.

The City already has experience with revolving funds for housing. Some examples include the Capital Leverage Fund for Homeless Initiatives, City of Toronto Loan Program, and the Contract Aftercare Program. The Capital Leverage Fund for Homeless Initiatives is most similar to the Fund being proposed in this report. In 1997, the former City established the Capital leverage fund for Homeless Initiatives to provide a means to "recycle" the funds returning to the City from projects supported under a 1996/97 "survival fund". As part of this "survival fund", $1.4 million was set aside as capital funding for the expansion or creation of facilities for homeless people. The City used the fund as leverage to obtain joint funding and in-kind supports from other parties, to secure private loans or contributions, and to encourage partnerships among community and private partners. The intent behind establishing the Capital Leverage Fund was to ensure loan repayments would be available for future projects, rather than being returned to general revenues. By September 1997, $900,000.00 was allocated to six projects (including Streetcity). Earlier this year, Council approved an additional $500,000.00 from this fund assist development of a Youth Housing Demonstration Project (for more information, see November 1998 report to Council Strategy Committee for People Without Homes, "Update on the Strategy to Create Affordable Housing and Demonstration Projects"). Funds are provided as a combination of forgivable loans and repayable no interest loans.

Although housing trusts, foundations and other types of funds have had a long history in the U.S., their emergence in Canada has been limited until quite recently, and appears to be a relatively common municipal response to cancellation of social housing programs by the Federal and Provincial governments. In some cases, municipal funds previously made available to community groups to assist them in obtaining a social housing allocation have been transferred into affordable housing funds with a wider scope, and have received additional municipal inputs.

Municipal funds which support affordable housing development and revitalization have been established or are under development in Quebec City, Saskatoon, Edmonton, Calgary Vancouver, Surrey and Hamilton. The funds typically provide grants and loans to non-profit groups and home-owners/buyers. The amounts are small -intended to cover only a portion of costs, with the housing provider responsible for levering the remainder. In Saskatoon, for example, the maximum funding amount is a grant equal to 5 percent of total project capital costs. In Quebec City, the fund provides low-interest second or third mortgages to cover the gap between what a lender will provide to the non-profit group and the total cost of the project.

The Calgary Homeless Foundation Fund is notable in that their goal is to acheive $6 M through contributions from the province (1/3), the City (1/3) and from the corporate sector (1/3). The Province has already contributed $2 Million, the City $1 Million plus land and buildings, and an additional $2 Million will be fundraised from the corporate sector (there has already been some success in obtaining corporate donations).

(3.2)Proposed Capital Revolving Fund for Affordable Housing:

This section summarizes key management principles which would apply to use of the proposed Capital Revolving Fund for Affordable Housing. Appendix B outlines, in more detail, draft management guidelines.

Purpose:

Broadly stated, the objective of the Capital Revolving Fund for Affordable Housing is to provide assistance to non-profit groups developing approved affordable ownership, rental and transitional housing demonstration projects. Financing assistance will be given as a combination of re-payable and forgivable loans for development (capital). A small portion of the Fund may be used for research types of projects which relate to affordable housing development.

A basic principle of the Fund is that allocations are to be used to lever the greatest benefits possible, but not to pay for the entire cost of development. As with other municipal funds, the intended use is to get development started (project development financing, payment of soft costs such as architect fees, interim construction loans until a mortgage is secured, etc.), and to provide financing assistance so the non-profit housing provider can secure mortgage financing (e.g., to "bridge" the gap between the mortgage a private lender will provide and the mortgage which is required through a second mortgage). For example, CMHC will generally insure up to 85 percent of the market value of the project. The Fund would provide partial assistance to the group in raising the remaining 15 percent.

Since the fund will not cover the full cost of development, and will not contribute to operating costs, non-profit groups will be required to contribute (for example, through fund-raising and obtaining mortgages from private lenders).

Eligibility:

Non-profit organizations developing approved affordable housing demonstration projects will be eligible for access to the fund, including Cityhome/Metro Toronto Housing Company Limited.

Affordable housing demonstration projects will be selected through a request for proposals process (RFP). For each RFP, a definition of what "affordable housing" means will be established based on the specifics of that RFP and the project type (i.e., ownership, rental, transitional, and target group to be housed). Some projects may include a mix of market units, below market units and units for those with the deepest need; for all projects receiving assistance at least 51 percent of the units must be affordable to households with incomes below the median. Over time, it is intended that the RFP definitions will relate to definitions established for affordable housing under the Official Plan development process.

Approvals and Reporting:

Decisions about the exact support to be provided to a project will be made as part of the RFP process and established as part of a legal agreement with the housing provider, in consultation with the City Solicitor and Chief Financial Officer and Treasurer. Council approval would be required before any allocation is agreed upon, and will be requested within the context of a business case for each Affordable Housing Demonstration Project which is recommended for approval.

The business case will outline the full package of City support being offered to the project, and provide an assessment of feasibility and potential benefits and risks.

The agreement with the housing provider will set out exactly what contributions the City will provide as part of the partnership, as well as contribution levels to be provided by other partners, performance standards for the provider (such as the number of affordable units, how long they are to remain affordable, defining what "affordable" means for the project, and reporting) and remedies should the housing provider fail to maintain performance standards.

The Commissioner of Community and Neighbourhood Services and Chief Financial Officer and Treasurer would report annually to Council on how the Fund has been allocated, and results achieved.

Fund Management:

The Capital Revolving Fund will be managed as a restricted reserve as required under Section 37 of the Planning Act. Total annual expenditures (whether repayable or forgivable) will be limited to a maximum amount annually (to be determined). Repayments of allocations given as repayable loans will return to the fund, ensuring that it is truly a "revolving" fund. Details about how the fund would be managed will be provided as part of a report to Council in March 1999 recommending Fund Management Guidelines.

Affordable Housing Reference Group:

At its July 1998 meeting, Council also approved establishment of a "reference group" to assist with the selection of affordable housing demonstration projects. The Commissioner of Community and Neighbourhood Services was requested to work with the Chair of the Council Strategy Committee for People Without Homes and the Mayor to establish the group, which is to include representatives of the private development community, the financial sector, support service providers, the non-profit sector, Canada Mortgage and Housing Corporation, the Province of Ontario and a City Councillor. Work is underway to establish the reference group, and we expect that the group will first meet in early 1999.

Conclusion:

It is recommended that Council establish a Capital Revolving Fund to support affordable housing development. The fund would be initially "seeded" through redesignation of the existing Social Housing Reserve fund and net proceeds from the partial settlement of claims against the Province due to cancellation of the non-profit program. Sources of ongoing funding will be identified in reports to Council, and may include such things as using Official Plan provisions (density bonuses), allocating a percentage of proceeds from sales of surplus City lands, and direct annual funding from the City operating budget. This report recommends approaching both the Provincial and Federal governments for matching funds.

The proposed Capital Revolving Fund would be used to support projects developed under the Affordable Housing Demonstration projects program. The type of support provided would vary depending upon the project, but would be in line with overall management principals as set out in this report. These guidelines are currently in draft format, and a final set of guidelines will be prepared for Council approval March 1999.

Contact Name:

Joanne Campbell

General Manager

Shelter Support and Housing

Tel: 392-7885/Fax: 392-0548

Len Brittain

Director of Treasury and Financial Services

Finance

Tel: 392-5382/Fax: 392-3649

Appendix A: Precedents -Municipal Housing Funds

Canadian Precedents:

Since 1994, Quebec City has had a development fund for co-operative, non-profit housing which is partially funded by municipal loans ($1 Million over 10 years). The City also provides a grant of at least $1,250.00 per unit through another program targeted at home-buyers, as part of an overall effort to revitalize certain neighbourhoods. The fund provides second and third mortgages at 4 percent to cover the gap between what a lender will provide to the non-profit housing group up to 100 percent of the project's capital costs. The fund also provides a mortgage guarantee, interim (construction) financing, site acquisition financing, and pays for appraisals of potential sites. The fund itself is operated by a non-profit organization.

Surrey, B.C., has an Affordable Housing Statutory Reserve Fund. Monies were provided through cash-in-lieu contributions by developers ($750.00 per lot), and by way of a 5 percent contribution from the sale of City lands. The current balance is about $5.7 million. Surrey is now updating its 1993 Affordable Housing Strategy and an Affordable Home Ownership policy is now under development. Two options are proposed: (1) partnering with a developer to reduce the sale price to 15 percent below market (similar to Toronto's Royce/Dupont ownership project) or (2) providing the subsidy directly to the first-time home-buyer purchasing a new home at a price below a certain maximum (forgivable loan, repayable interest free upon sale of the unit). The proposal includes having the City subsidize the fund each year from its operating budget (the amount to be approved annually). Only interest earnings from the fund would be used (like an endowment fund).

The City of Edmonton has a Low Income Capital Assistance Program that provides capital funds to help community groups provide new housing or upgrade existing housing for low income and special needs households. The fund was established in 1992, and each year some $300,000 is added to the fund from the City's past landbanking project. As with the Capital Revolving Fund proposed for Toronto, Edmonton's fund is used to leverage other funding; however, it is not a revolving fund. Edmonton's fund covers about 16 percent of total capital costs. Edmonton also has a land trust program, and is currently developing a Housing trust Fund.

The City of Vancouver established a social housing fund in the late 1970's. The fund (since re-named the Affordable Housing Fund) is used to provide capital grants to social housing projects. Ongoing funding is provided by developer penalties, a demolition fee ($1,000.00 per demolished unit), and primarily from the City's capital budget ($3.5 million for the period 1994 to 1999). Since 1991, the City has levied a development charge for replacement of affordable housing lost through re-development and requires that either 20 percent of units in larger projects are used for social housing or "cash-in-lieu" is given to the Affordable Housing Fund ("larger projects" are usually those with 400+ units but sometimes projects with as few as 100 units are considered under this policy). Recent projects funded include renovation of a 120 unit single-room-occupancy project (SRO) and development of a 50 unit youth housing project. In addition to the Affordable Housing Fund, there is a $45 million revolving fund specifically for Neighbourhood Demonstration Housing Projects.

The City of Saskatoon has a housing trust fund (Social Housing Reserve) with on-going, dedicated revenue sources, totalling about $7.2 million since inception. The fund was initially "seeded" by about $5.2 million from a land bank reserve, and receives ongoing funding through 10 percent of net proceeds from sale of City-owned land and net revenues from tax arrears sales. Annual contributions average about $350,000.00, and the general guideline is that no more than 30 percent of the fund should be spent in any one year. The fund provides 5 percent of total project capital costs (no maximum), and the grant is given at the start of the project to provide a cash flow. Saskatoon has a Social Housing Advisory Committee comprised of representatives from home builders, real estate board, CMHC, non-profit housing providers, aboriginal group, anti-poverty organization, council and the planning department. One of the functions of this group is to recommend to Council proposals from non-profit organizations which should receive support from the fund. In addition to capital funding support, the fund is used to provide development assistance to non-profit groups (the City has hired a "housing facilitator" using the fund).

Under Calgary's Housing Supply Action Plan, the City has set aside $1,000,000 in their 1998 budget, along with an equivalent value of land and buildings, to stimulate private-sector and government participation in easing the housing crunch. The Calgary Homeless Foundation Fund has a goal of obtaining $6 Million in contributions: 1/3 from the Province, 1/3 from the City, and 1/3 from the corporate sector. The province has already contributed $2 Million, the City $1 Million plus land and buildings, and an additional $2 Million will be fundraised from the corporate sector (there has already been some success in this area).

The City of Hamilton provides zero interest loans to individuals wanting to convert space to residential use (for example, converting the upper floors of commercial buildings to apartments) or to renovate existing residential space (to bring existing apartments in commercial buildings into compliance with property standards by-laws and the fire code). The maximum loan is $20,000.00 per unit, the maximum term is 10 years, and the loan is secured by a promissary note and lien.

In addition to capital contributions, other tools commonly used by municipalities in Canada to support affordable housing development include:

_property tax exemptions/grants (5 to 10 years);

_relaxing parking requirements and fast-tracking projects through approvals process;

_long term land leases (e.g., 10 years at $1.00 per year; or 25 years to 60 years with no payments due until cash flows make payment possible) or provided free of charge; and

_assuming risks associated with initial lease-up.

U.S. Precedents:

There were at least 71 known affordable housing trust funds in the U.S. according to a 1994 survey, and possibly as many as 115 based on more recent information (Richard Drdla and Associates, "Case Studies of the Municipal Role in Housing", January 1998). Although potential funding sources for U.S. funds are generally beyond those which can be accessed by the City, and the functioning of U.S. funds differ, program objectives are similar to what is being proposed for Toronto's Capital Revolving Fund.

Most funding is directed at new construction and rehabilitation, but some trusts also financed other activities and special needs. When necessary, many support capacity-building efforts to enhance local skills and resources. Only a few support rent subsidies, and even then only in very specific circumstances.

The San Diego fund, for example, established the following types of programs to address their funding allocation priorities:

-housing rehabilitation, including purchase of deteriorated or functionally obsolete housing through below-market loans;

-below-market rental housing through deferred loans, land banking, land write-downs and matching funds from government and private sources;

-special needs housing (same funding method as above);

-transitional housing through grants and loans to non-profit developers for acquisition and improvements;

-rental assistance to low-income residents;

-non-profit capacity-building through pre-development loans, technical assistance and administration grants; and

-funds for first-time homeowners directed primarily at neighbourhood revitalization and stabilization.

Most of these funds were used in partnership with non-profit and community-based organizations. They are also used to assist for-profit developers, local housing authorities and other providers under appropriate circumstances. Most do not support home-ownership projects, but exceptions are made for projects which target first-time buyers (these units are subject to agreements to ensure long term affordability).

Because of their limited resources, the trusts seldom finance a project on their own. They depend upon financial packages drawing from many sources, and typically their funds are used for "gap" financing: either the first funds needed to get the project underway, or the last funds needed to complete the package.

Appendix B: Draft Management Guidelines for

Capital Revolving Fund for Affordable Housing

These draft management guidelines outline the purpose of the proposed Capital Revolving Fund for Affordable Housing, uses for the Fund and eligibility requirements. These management guidelines will be reviewed by a "reference team" of internal and external housing stakeholders, and a final version will be brought forward to Council for approval by the Commissioner, Community and Neighbourhood Services prior to Fund monies being allocated from the Capital Revolving Fund for Affordable Housing.

(1)Purpose:

The purpose of the Capital Revolving Fund for Affordable Housing is to provide financial assistance to non-profit groups in the development of approved affordable ownership, rental and transitional housing demonstration projects. The Fund is "revolving" in that a portion of financial assistance provided will be repaid to the Fund (60 percent), and used for future affordable housing projects. Financial assistance is given to support only part of the capital costs of any project. Non-profit groups developing Affordable Housing Demonstration Projects will be required to lever additional capital funds needed, and to access ongoing operational funding if required.

(2)Definitions:

(2.1)Affordability:

Affordability will be defined specifically for each affordable housing demonstration project, based on project type and target group to be housed; however, at least 51percent of units must be affordable to households with incomes below the median. In principle, affordability will be based on the following:

Ownership:Housing available for purchase by first-time homeowners with incomes below the City's median household income, with some units available at prices affordable for households with incomes at or below the average annual income for the lowest 12.5 percent of the population, depending upon the development model proposed.

Rental:Units provided at rates ranging from below average median rents to rents affordable based on the shelter allowance portion of general welfare benefits, depending upon the development model proposed.

Transitional:Rents affordable based on the shelter allowance portion of general welfare benefits, or depending upon requirements for shelter/hostel funding, depending upon the housing model proposed.

(2.2)Low income Household:

Any household that has a gross annual family income at or below 50 percent of the current city average family income for tenants as defined by Urban Planning and Development Services.

(2.3)Non-profit Groups or Non-profit Housing Providers:

Approved Affordable Housing Demonstration Projects would be eligible for funding. Organizations eligible for approval of Affordable Housing Demonstration Projects must be registered as a non-profit or charitable group in Ontario or Canada with a functioning board of directors. Other participants can be unincorporated community groups, and religious institutions.

(3)Guidelines:

The City may extend financial support to housing projects which meet the following criteria:

(3.1)General Eligibility Criteria:

(a)Financial support will apply only to Affordable Housing Demonstration Projects which have been selected through a competitive process and approved by Council (process is outlined in July 1998 Council Report "Toward a Municipal Strategy to Encourage the Creation of Affordable Housing and a Framework for Proposals to Develop Affordable Housing Demonstration Projects").

(b)Financial support must be used to deliver affordable housing units for individuals and families, as defined in section 2.1.

(c)In any project supported by the Capital Revolving Fund, at least 51 percent of the total number of units must be affordable to low-income households as defined in section 2.2.

(d)The units must be in addition to and must not replace existing subsidized housing stock.

(e)Non-profit organizations are eligible for financial support, including Cityhome/Metro Toronto Housing Company Limited.

(f)Financial contributions are subject to the project demonstrating that adequate additional financing and adequate and appropriate management and operational strategies are in place.

(3.2)Level of Assistance:

The level of assistance provided by the City shall normally be in a combination of repayable and forgivable loans, and will vary depending upon other assistance which may be provided by the City (for example, if land is provided, the level of financial assistance provided will be reduced).

(a)Transitional Housing:

Given that transitional housing demonstration projects are more likely to have higher project development costs and operating costs (due to provision of support services and/or nature of the project itself), a higher degree of financing support will be provided than is available to other project types, and transitional housing projects will receive priority treatment in the use of funds (see 3.3 below). The level of financial assistance which may be provided is:

_Forgivable loan of $15,000.00 per unit maximum (adjusted where housing model is not based on units);

_Forgivable loan based on matching funds contributed by the housing provider at a ratio of one City dollar to every three dollars contributed by the housing provided (not to include "in-kind" contributions or funds provided by other levels of government) to a maximum of $5,000 per unit; and/or

_Repayable loan in the form of a second mortgage, not to exceed 15 percent of the project value.

(b)Rental Housing:

_Repayable loan in the form of a second mortgage, not to exceed 15 percent of the project value.

(c)Ownership Housing

_Repayable loan in the form of an interim (construction) loan, not to exceed 15percent of appraised value of completed project. Loan to be repaid when units sold. Financing assistance for ownership projects must include conditions to ensure long-term affordability of the units, and on re-sale, re-investment of all or part of any profit in the Capital Revolving Fund.

Financial assistance to be provided for development (capital) only. Financial assistance will not be provided for operating subsidies or rent supplements. Financial assistance may be provided for research types of projects related to affordable housing development in the form of forgivable and/or repayable loans.

(3.3)Fund Expenditures:

Total annual fund expenditures will generally be limited to:

(a)Forgivable loans: A maximum of 30 percent of the previous year end balance of the Capital Revolving Fund. Loan repayments will return to the fund to be used for future affordable housing projects; and

(b)Repayable loans: A maximum of 60 percent of the previous year end balance of the Capital Revolving Fund, of which at least 30 percent must be used to support transitional housing development projects.

Additional details about fund management to be determined.

3.4Approval

Financial assistance to be provided is subject to Council approval, and within the context of approving/rejecting each affordable housing demonstration project recommended by staff . Projects recommended will be selected though a competitive process. Council will be provided with a business case for each project recommended which outlines the full package of supports to be provided by the City (for example, financial and City-owned land for a specific project) and will provide an assessment of feasibility and potential benefits and risks.

3.5Performance Standards:

As a contributing partner to the housing development, the City has the right and obligation to ensure that public benefits are acheived in return for providing support (whether financial or in-kind). Subject to Council approval, a legal agreement between the City and the housing provider will be prepared which will set out exactly the contributions the City will provide as part of the partnership, contribution levels to be provided by other partners, performance standards for the provider (such as the number of affordable units, how long they are to remain affordable, defining what "affordable" means for the project, and reporting) and remedies should the housing provider fail to maintain performance standards.

3.6Reporting:

The Commissioner of Community and Neighbourhood Services to report annually to Council on how the Fund has been allocated, and results achieved.

(4)Responsibilities:

(4.1)Affordable Housing Demonstration Projects Reference Group

(a)Review and recommend amendments to draft management guidelines; and

(b)Review affordable housing demonstration project proposals and make recommendations to Commissioner of Community and Neighbourhood Services about which projects should go forward and what the appropriate level of City support should be.

(4.2)Commissioner Community and Neighbourhood Services and

Chief Financial Officer and Treasurer:

(a)Based on input from Reference Group, finalize management guidelines.

(b)Review and approve/reject recommendations for financial assistance, and other types of City supports which may be provided, and make recommendations to the Council Strategy Committee for People Without Homes.

(c)Review and recommend future amendments to management guidelines.

(d)Monitor and prepare annual reports for Council about performance of Capital Revolving Fund.

(4.3)Council Strategy Committee for People Without Homes:

(a)Review and approve/reject projects and recommendations made for financial assistance and other City support.

(b)Review and approve Fund management guidelines and future amendments.

(4.4)City Council:

(a)Review and approve/reject projects and recommendations made for financial assistance and other City support.

(b)Review and approve Fund management guidelines and future amendments.

 

   
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