THE CHICAGO REHAB NETWORK

DEVELOPMENT WITHOUT DISPLACEMENT
TASK FORCE
BACKGROUND PAPER


The Nathalie P. Voorhees Center for Neighborhood and Community Improvement
June, 1995

ACKNOWLEDGMENTS

We would like to thank the many people who agreed to be interviewed for this report. We would also like to thank the following people for reviewing and commenting on earlier drafts: David Ranney, Sheila Radford-Hill, Maureen Hellwig, Raul Raymundo, David Hunt and Doug Gills.

Support for this project was provided by The Chicago Rehab Network and the Nathalie P. Voohrees Fund. This report was also funded by the University of Illinois at Chicago Neighborhoods Initiatives Community Outreach Partnership Center Grant of the Department of Housing and Urban Development.

TABLE OF CONTENTS

EXECUTIVE SUMMARY

The Chicago Rehab Network (CRN) requested the University of Illinois at Chicago Center for Urban Economic Development (UICUED) and the Nathalie P. Voorhees Neighborhood Center to participate in their Development Without Displacement Task Force.

The CRN organized a task force of representatives from communities undergoing gentrification and displacement, government officials, business interests and researchers. The task force had as its goal to develop a series of policies for the City of Chicago to guide community development without displacing the existing residents and businesses who reside in communities that need reinvestment.

Staff from UICUED, VNC and a Policy and Research Action Group (PRAG) intern assigned to CRN, formed a research team and did background research on how other cities have alleviated or prevented displacement and gentrification. The research team also looked at the policies and programs at the federal level and City of Chicago programs that were being implemented. In addition, the research team analyzed the background research available on this topic. The following report summarizes the work of the research team for the task force members and others interested in this important issue.

In this paper, we have outlined approaches, policies, strategies, or programs addressing the issue of development without displacement. Can we find ways to redevelop communities for their current low-income residents? Can we find ways to include the costs of displacement in redevelopment? To answer these questions we have compiled a list of programs and strategies that have been used in Chicago and other cities. In addition, we have included a section on case studies of Chicago communities that have been fighting displacement. In these case studies, we have put the strategies in a context to show how different communities and situations call for different strategies. In the last section, Concluding Remarks, we try to show a way forward by discussing how a combination of strategies are needed with an overriding policy that views development without displacement of low income residents as a serious urban issue.

Back to Table of Contents

Section One: Background

Introduction

The Chicago Rehab Network (CRN) requested the University of Illinois at Chicago Center for Urban Economic Development (UICUED) and the Nathalie P. Voorhees Neighborhood Center to participate in their Development Without Displacement Task Force.

The CRN organized a task force of representatives from communities undergoing gentrification and displacement, government officials, business interests and researchers. The task force had as its goal to develop a series of policies for the City of Chicago to guide community development without displacing the existing residents and businesses who reside in communities that need reinvestment.

Staff from UICUED, VNC and a Policy and Research Action Group (PRAG) intern assigned to CRN, formed a research team and did background research on how other cities have alleviated or prevented displacement and gentrification. The research team also looked at the policies and programs at the federal level and City of Chicago programs that were being implemented. In addition, the research team analyzed the background research available on this topic. The following report summarizes the work of the research team for the task force members and others interested in this important issue.

Back to Table of Contents

Outline of Paper

In this paper, we have outlined approaches, policies, strategies, or programs addressing the issue of development without displacement. Can we find ways to redevelop communities for their current low-income residents? Can we find ways to include the costs of displacement in redevelopment? To answer these questions we have compiled a list of anti-displacement strategies that have been used in Chicago and other cities. In addition, we have included a section on case studies of Chicago communities that have been fighting displacement. In these case studies, we have put the strategies in a context to show how different communities and situations call for different strategies. In the last section, Concluding Remarks, we try to show a way forward by discussing how a combination of strategies are needed with an overriding policy that views development without displacement of low income residents as a serious urban issue.

Back to Table of Contents

Rationale

Redevelopment of residential areas is often synonymous with the replacement of its low income tenants and uses with higher income ones. As real estate, businesses, institutions, and other elements in the community are upgraded, property values increase, real estate taxes are assessed at a higher value, codes are enforced, and infrastructure is improved. Other multiplier impacts and ensuing waves of investment further increase the cost of living in that area. The costs of redevelopment are recovered via higher rents or sale prices for property; speculation is attracted; previous businesses tied to lower income residents cannot afford the new rents. Desirability of the area as a place to live attracts higher income residents who not only demand better accommodations but also require other retail. The result of the process is the out-pricing of former residents.

Displacement is usually not considered an issue in the re-development process. Most people see the need for development. In a market society, place of residence is dictated by what is available and what households can afford. Neither the public sector has included this matter in the public debate and the search for policies, nor do developers feel the responsibility to address it. Displacement is either viewed as an unintended impact, a necessary evil, or a result of the natural dynamics of the market--the allocation of each parcel of land to its best possible use. Households are on their own. They have to play the market: win, loss, weigh their options, and make their choices according to what they can afford. Developers are acting to maximize returns within the terms of the law. For this, they cut costs, minimize or control risks, and go after "the right tenants." Responsibility for the social impact of their actions is not a concern. As long as the law does not demand this, they are not obligated to do anything. Besides, they have the lobbying power to fight against changes and for better conditions. In a competitive economy and society, they can always hold society hostage by claiming that they will take development to places where they can best maximize returns and away from those adding claims and costs on them.

Meanwhile, households have to absorb the costs and hardships associated with relocation. Housing markets in low-income areas are often tight. As a result, either people have to settle for worse conditions--smaller spaces, worse locations, or incur higher permanent expenses in housing. There are many other expenses associated with relocation such as the search and the cost of moving. And there are extreme social costs and hardships: loss of support institutions, disintegration of survival networks, friendship and family networks, changing schools, and political linkages. Low-income households are particularly sensitive to such costs because of their lower mobility and their more limited ability to participate in the market.

Efforts to deal with displacement have been limited. They have been generally restricted to development projects that had direct public funding. Even in these cases, their success is highly questionable. Assistance in urban renewal projects was largely limited to placing people in public housing. In other cases, financial assistance was absorbed by higher rental costs elsewhere. Cases such as Lake Meadows-Prairie Shores, Presidential Towers, and others in Chicago suggest that the benefits of these projects accrue in large proportion to the middle class whose attraction is a function of the project's success. The record of publicly subsidized projects in providing low-income housing has been dismal.

At the same time, development produces many hidden and indirect costs for the public--infrastructure, tax abatements, land write-downs. These costs are not included in discussions between government and the private sector. Certainly, there is no requirement that such projects provide low-income housing or include the costs of relocation of low-income populations. Instead, the public has to assume these costs either through assistance to displaced households or through the problems associated with their relocation--increasing disinvestment and crowding in low-income communities, among others. Loopholes in the law, poor supervision by public agencies, and other factors have helped developers escape requirements and avoid compliance.

The bottom line is that, no matter how private, redevelopment always requires public approval and assistance. It may include land condemnation, zoning changes, building permits, changes in density, capital improvements, new infrastructure, tax re-assessments, land write offs, planning, etc. In this sense, the public sector has the ability to pre-empt it, slow it down, limit its scope, intensity, and displacing impact; promote it, accelerate it, support it, or facilitate it.

Back to Table of Contents

Definition

For the purpose of this paper, displacement refers to development that forces people to move from their current residence. Examples of this include land clearance or investment that makes housing unaffordable for current residents. It can be direct or indirect. Displacement is direct when it requires the move of current residents (vacating buildings, land clearance). Indirect displacement refers to actions that displace people through their impacts (raising taxes and rents). The most typical form of displacement affects low-income people when their residences are torn down or when improvements make their current locations unaffordable.

Back to Table of Contents

Causes

Displacement can be caused in many ways. We want to emphasize here public or private development that results in the displacement of current residents. Such is the case of the decision to build a stadium in a residential area or the decision to tear down low-income housing for construction of a university. Similarly, it may be caused by redevelopment activity that leads to the replacement of current low-income residents in a neighborhoods for higher income ones in the same space. Lastly, redevelopment of an area may cause displacement in another via price increases.

One of the leading forms of redevelopment today is gentrification. Gentrification results from transformation of a community from a lower to a higher income. Current residents are out-priced via tax or rental increases, speculation, higher property values, pressure, comparatively sizeable offers for their homes, historical designation, or inability to bring their properties up to code.

Back to Table of Contents

Options for Intervention

Intervention may seek the relocation of those displaced in a comparable, if not better residential area. It may include compensation. It may give people a choice as to where they wish to move and the means to do it. Alternatively, it may try to stop or prevent displacing forms of development.

Back to Table of Contents

Displacement in Chicago

In Chicago, redevelopment of the central area and of other selected communities often under the leadership of institutions such as universities and hospitals, operating with the full support of the public sector, has replaced many low income areas for higher income ones. By intent and definition, urban renewal and conservation achieved this in places such as the Near North Side, Lincoln Park, Hyde Park, the Hull House, and the Near South (Lake Meadows, Prairie Shores, Chicago Commons, Michael Reese and IIT). Other projects including extensive land clearance such as highway construction, the White Sox Park and the United Center have produced the same result. Most recently, gentrification has transformed traditional working class communities such as Lake View and Wicker Park into areas for upwardly mobile households.

The extent and intensity of displacement has not been measured. Those affected have been forced to absorb the costs. Communities have often mobilized to oppose displacement or to demand compensation. However, every community has had to wage its own struggle against formidable obstacles. Recently, community coalitions have been formed to tackle these issues comprehensively, to develop policies, and to form common fronts. City Hall has never made this into a central issue, has addressed each case separately, and has lacked the will to deal with this problem in any meaningful way. The challenge of communities and the public is to raise this from a local matter affecting a group at a time, into a comprehensive interest and goal.

Perhaps the most important factor to mention here is that these development efforts have ignored low-income residents. Their presence is viewed as a nuisance and their removal as a blessing. Meanwhile, redevelopment was facilitated by the low acquisition price of low-income areas and the large profits that came with their replacement with higher income tenants and uses.

Back to Table of Contents

Process and Mechanisms of Displacement

Displacement is carried out in many ways. The simplest one is when the area is scheduled for clearance and residents are asked to move. This is often done on short notice. In this way, residents do not have time to organize, mobilize, and resist the move.

Displacement takes many other forms. People are charged higher rents. Buildings are scheduled for gut rehabilitation. Taxes are increased substantially and owners cannot afford them. Code violations are enforced, owners lack the means to fix them, and have to sell. Disinvestment deteriorates buildings to the point that they are no longer livable. Buildings change ownership and the new owner decides to replace the current tenants. Units are converted into smaller spaces or into larger ones and rents are raised. Current owners or residents are pressured to sell through constant calls, threats, offers they can not easily turn down. Arson and other mechanisms are used to scare people away, and to clear land for redevelopment.

Gentrification is the most recent case. Displacement here is long term and assumes many open and hidden forms. Some of them are mentioned above. Others include assistance from aldermanic offices and public entities and individuals, zoning changes, housing conversions, historic landmark status, speculation, recruitment of higher income groups, formation of organizations among gentrifiers to push low-income people and uses out and to increase the value of their investment, and substantial capital improvements.

Many efforts have been developed to address some of these issues. They are listed below. Many of them are piecemeal or limited. They often address only one of the elements of displacement, leaving others untouched. What is generally lacking, is a comprehensive policy framework. Strong and concerted actions on the part of communities and their representatives certainly could make a difference as everybody is pursuing the same goals, is including this issue in every development efforts and is looking to build a comprehensive framework to attack the problem. This requires political will, consistent pressure, and synchronization of actions under a single goal.

Back to Table of Contents

Section Two: Development Without Displacement Strategies

In this section we discuss a variety of strategies that have been used at the federal, state and city levels of government. In addition, we have a section on strategies used in other cities which includes not only strategies used by city governments but also by community groups in other cities and in Chicago. From the start, we should be clear that almost all of the strategies that are now federal, state or local laws were only passed and implemented because of community struggles, protests or lobbying. Whenever possible, we give the history of the strategy so we can all understand how these strategies have been developed over time.

Back to Table of Contents

Federal Strategies

The following section outlines the federal programs and regulations which can be used as strategies or tools to alleviate or minimize the displacement of residents due to federally funded initiatives.


  1. One-for-One Replacement

    This federal mandate states that for every federally subsidized housing unit that will be destroyed, a new housing unit must first be built to replace it. This regulation was passed during the Reagan administration. It was pushed by public housing activists to preserve public housing and prevent public housing authorities around the country from selling or tearing down units. Currently, the Chicago Housing Authority has developed a policy to tear down many of the high rise developments and replace them with scattered site units. According to existing federal regulations for one-for-one replacement, they must first build replacement scattered site units before they can destroy the high-rises. (Contact: HUD & CHA)

  2. The Uniform Relocation Act

    The Uniform Relocation Act provides aid to those individuals being displaced by federally funded initiatives. It requires that displaced families be given services which include referrals to comparable and suitable replacement homes; payment for moving expenses; and replacement housing assistance which enables the family to either rent with rental assistance payments (based on the difference between what they are presently paying and the market rate for a similar unit; it last approximately 42 months) or buy a suitable replacement home with down payment assistance. This Act was a direct result of community protests against Urban Renewal in the sixties. Initially, Urban Renewal programs did not require any relocation benefits. Only after community groups in several cities protested the unfair displacement of residents, did the Relocation Act become part of federal law and procedures.(Contact: HUD)

  3. (CDBG) Community Development Block Grant Laws

    There are laws working within CDBG funding proposals that work in conjunction with the Uniform Relocation Act. These laws were introduced by Congressman Barney Frank in 1988 and 1989 in an effort to strengthen the guidelines for CDBG funding. The laws mandate that every CDBG proposal should have an anti-displacement plan.(Contact: Larry Yates and Rikki Spears of the Low Income Housing Information Service/ Washington D.C.)

  4. "Section 8"

    While Section 8 is a rental assistance program for low income families it also has been used as a tool to assist families displaced as a result of federal initiatives and also as a tool to preserve affordable housing units in areas experiencing reinvestment. Certificates which are given directly to the family or individual allow them to find another housing unit, to replace the unit that they are losing due to the reorganization of the public housing authority or to development funded by federal programs. Families being displaced by federal initiatives are usually put at the top of the list for this benefit. For the family who qualifies for this program but is not being affected by a federal funded displacement scheme it is usually a wait of several years before a certificate is obtained. An official at the City of Chicago's Department of Housing states that there is a 65,000 to 75,000 backlog of those who want Section 8 Certificates. Project-based Section 8 housing development was a tool used by many not for profit developers to preserve affordable housing in their communities. This program attached the rental subsidy to a specific housing unit. The family who occupied this unit had to qualify as low income according to the federal guidelines. This program has been cut back drastically over the years and presently is being threatened with elimination by the Congress. (Contact: CHA / HUD)

  5. Housing Tax Credits

    With the reduction over the years in Project-based Section 8 and the 1986 changes in the tax laws related to housing syndications, more and more developers have had to rely on tax credits to rehabilitate or build low income housing. Low income housing tax credits were established by Section 252 of the Tax Reform Act of 1986 to replace traditional tax incentives for investment in low income housing which were eliminated by the same law. Section 42 of the Internal Revenue Code of 1986 permits taxpayers to claim tax credit on their federal income tax returns for qualified expenditures for low- income housing units placed in service after December 31, 1986. There are two approaches: either 70 percent for non-federally subsidized new construction or substantial rehabilitation, and acquisition cost; or 30 percent for federally subsidized new construction or substantial rehab. Both require a set-aside requirement of at least 20 percent. A project's units must be rent-restricted and occupied by tenants with annual incomes of 50 percent or less of the area's median gross income with some variations. Tax credits also require an Allocation Plan which should be developed by state agencies such as Illinois Housing Development Authority. The Plan provides a blueprint for the process the agency will use to accept applications from potential applications and how they will be evaluated. This must all be approved as part of a public hearing process. Pressure could be applied to groups to provide anti-displacement measures within their selection process of potential applications. However, we found no examples of this kind of selection process in other cities or states. (Contact:Illinois Housing Development Authority)

  6. HOME Program

    Title II of the National Affordable Housing Act of 1990 created the HOME Program. The HOME program and funds have a number of rules and regulations which can effect the anti displacement of low-income residents. "A proposed Final Rule" is one such regulation which requires that the affordability of HOME funded projects be preserved for the remaining useful life of the property, or a lesser period consistent with sound economic principles. As it stands now affordability for the rehabilitation of rental units is required for only five years if less than $15,000 in HOME funds is invested per unit; for only ten years if the amount is between $15,000 and $40,000 per unit; and for only 15 years if the amount is more than $40,000 per unit. For those projects which involve new construction, affordability must be maintained for only 20 years. Presently, there is political action which is attempting to increase the time periods and have the existing times be minimums. (Contact: HUD and information provided by Federal Register)

  7. Low Income Housing Preservation Act 1995

    This act amends the 1986 Internal Revenue Code by providing tax incentives to encourage the preservation of low income housing. The focus of the act is to save the approximately 240,000 subsidized Sect. 221 D and Sect. 236 projects which are currently coming to the end of their term. In the next five years another 900,000 units will also be ending their term. It is an attempt to stop the private owners of these developments from prepaying their mortgages to get from underneath the federal requirements. As a strategy, this act provides for the maintenance of existing affordable units which, if not preserved, could mean a significant displacement of people unable to afford the increased rents of these units without the federal subsidies. (Contact: Larry Yates and Rikki Spears of the Low Income Housing Information Service/ Washington D.C. also see the Federal Register)

  8. Community Reinvestment Act 1977

    This act requires federal agencies that supervise financial institutions to encourage them to help meet the credit needs of their communities, including the needs of low and moderate income families and individuals. It requires the supervising federal agencies to assess a financial institution's record of community service especially when the financial institution is filing for an expansion. The act requires that the bank and savings institutions prepare a CRA statement for each of the communities it serves. The CRA has been used as an anti-displacement strategy by community groups when they have organized and negotiated a CRA agreement with the banks or savings institutions in their community. Many of these agreements have provided more affordable and accessible financing for investments in their community.

    The Joint Planning Council (JPC), a coalition of low-income housing groups in New York City, is currently developing an organizing drive that would fight for important changes in CRA. As currently written, The CRA gives credit to banks whenever they provide loans in low and moderate income communities. So, banks get CRA credit even when they provide a loan which benefits high-income residents, as long as the property is located in an area which qualifies as low and moderate income. Obviously, these sorts of loans only encourage gentrification to occur. JPC will be fighting to change CRA so that banks are judged on the effect that their loans have on low and moderate income people. Now, they are judged solely on the fact that they made a loan, even if it caused displacement or gentrification. (Contact: Woodstock Institute, Chicago)

  9. Empowerment Zones

    The Empowerment Zone concept is a Clinton Program which is attempting to rebuild the urban environment with the combination of economic development and social programs. The idea of Empowerment Zones grows from the enterprise zone concepts of the Republican Party. The Clinton Administration has developed the concept of enterprise zones a step further with the inclusion of social programs. Empowerment zones work in a similar fashion to the enterprise zone where firms would get wage tax credits for any worker who lives in the zone boundaries. Firms would also get other tax incentives as well as the ability to float bonds. Residents within the zone as well as businesses would have the opportunity to seek waivers of different state, local, and federal regulations.

    Nine (six urban and three rural) empowerment zones have been chosen. Each empowerment zone will receive $100 million in funding and an estimated $250 million in wage tax credits over a ten year period. Chicago was chosen as one of the cities to receive an empowerment zone. The zone includes the neighborhoods of Kenwood, Pilsen, Near West Side, West Garfield, Austin and Little Village. The empowerment zone could potentially aid these communities with economic development, social programs and other incentives. All of these amenities should aid in the development of these areas without displacing the indigenous residents.

Back to Table of Contents

City of Chicago Strategies

Based on our interviews with present and past City of Chicago officials in the Department of Housing and the Department of Planning and Development, the City of Chicago has no policies outside of the federal regulations and policies we have already discussed to alleviate displacement when development occurs. This is particularly true when the displacement is caused by market driven forces. We have included below a description of how the city implements federal policies, City programs that could be viewed as preventing displacement, and other City strategies which were mentioned in our interviews as anti-displacement.

  1. Uniform Relocation Act (City)

    The City of Chicago implements the federal Uniform Relocation Act. The City enforces it on CDBG funded projects and also on projects that are funded with City dollars outside of CDBG funding. The city is in charge of providing the necessary services involved in the relocation. According to Department of Housing records, the department has assisted in 712 relocations between 1990-95. These relocations have been predominantly residential (606). Low income households have been 89% of the households needing relocation assistance. In addition, 53%(319) of the relocated households have been low income female headed households and 192 have been female headed households with children. The Relocation Unit has 8 staff members. (Contact:City of Chicago Department of Housing, Household Services Division)

  2. Low-Income Tax Increment Financing (TIF) District

    According to the 1994 annual report of the City of Chicago's Department of Housing, the city created its first Tax Increment Financing district for the development of affordable housing. This project located at 45th and South Martin Luther King Drive created 96 units as part of the Phase V development of the Paul G. Stewart Homes. The TIF allows the city to use the money generated from the tax increment on the vacant lots for development within the ( TIF) district. They are then able to use this money to do such things as write down the bonds or provide additional financing for the project. (Contact: Department of Housing)

  3. "Hands Off" Approach

    This strategy describes a one time "hands off" approach the city took during the negotiations between the United Center developers and the Interfaith Organizing Project community organization. It is the opinion of one city official that this strategy worked on the Near West Side. The City backed away and essentially informed the stadium developers that nothing would get built unless some type of agreement could be hammered out between the stadium developers and the community. This enabled the community to deal directly with the private developers to negotiate a plan to alleviate the displacement of residents and have the developers provide other benefits (ie.jobs, improvements) to the community.

  4. Community Development Corporations

    This strategy has not been supported strongly by the present City administration. According to the Chicago Rehab Network's analysis of Department of Housing's (DOH) fourth quarterly report, the City does not support CDCs as much as it supports for profit developers in the production and preservation of housing units. With more support, such as more funding for operating expenses, land conveyance, and improving the development financing and approval process, CDCs would be in a better position to improve neighborhood conditions and alleviate possible displacement of residents.

    DOH recently changed the manner in which it provides money to CDCs for general operating funds. Money for general operation is no longer available through CDBG funding. All CDCs are eligible for the Capacity Building Program. This DOH program provides grants for CDCs to improve their organizational capacity by hiring consultants or attending conferences, retreats, or training sessions. Funds for general operation are available only through HOME monies to CDCs that are certified by HUD as Community Housing Development Organizations (CHODOS). (Contact: The Chicago Rehab Network)

  5. The Creation of "Redevelopment Areas"

    After the demise of the Urban Renewal programs of the past, the Community Development Commission was created to maintain many of the same powers. The Community Development Commission has the ability to name an area a Redevelopment area or a Conservation Area. The difference between the two is that a Conservation Area does not require that the area be found to be slum and blighted. Both these designations require City Council approval. For both these designations, there must be an approved redevelopment plan. Once the plan is approved, land can be purchased and sold by the City below market rates. This land then comes under the control of the City, and thus gives them the ability to create affordable housing and monitor for displacement. (Contact:Department of Planning and Development)

  6. Chicago Plan Commission

    In its 87th year,the Chicago Plan Commission plays a principal role in the initiation and review of the City's long range planning goals. The Plan Commission exercises final authority, subject to judicial review, with respect to all public and private improvements along the lakefront and within the immediately adjacent neighborhoods and commercial areas. The Commission has nine members appointed by the Mayor and nine ex-officio members including the City Commissioner of Planning and Development and the Zoning Administrator. The Plan Commission reviews all major development projects in the City, major zoning or land use changes, the industrial corridor planning and the Conservation or Redevelopment Area designation. All of their recommendations are reviewed by the City Council who has final approval. Although the Commission plays an advisory role, it could have considerable power if it adopted policies which were sensitive to development without displacement. (Contact: Department of Planning and Development/ Chicago Plan Commission)

  7. Chicago Abandoned Property Program (CAPP)

    CAPP is a program created due to the outcry of community residents concerned with the abandoned buildings in their neighborhood. The program was initially run by the Department of Buildings but then was transferred to the Department of Housing. This Program outlines a process whereby abandoned buildings can be acquired and transferred to individuals, private and non profit developers interested in rehabilitation for affordable housing. The program focuses on vacant 1-6 unit buildings and requires that the buildings be tax delinquent, open and unsecured to qualify for the program. A list of CAPP eligible buildings is published each quarter and interested developers fill out applications requesting the buildings.. The applications are reviewed by a mayor-appointed sub-committee who makes recommendations to the City Council for their approval. The process from application to receiving clear title from the City takes 12-18 months. Community groups who have used CAPP are concerned about the length of time it takes to obtain ownership of these buildings. Since 1991, 133 CAPP buildings have been acquired and transferred to an owner who plans to rehab the property. There are another 220 properties in the process of being transferred. There has been 49 vacant lots transferred from City ownership to an eligible buyer. (Contact: Department of Housing; Developer Services Division)

  8. Heat Receivership Program

    The Heat Receivership Program is designed to preserve affordable housing that may otherwise become vacant if a building is not sufficiently heated. The Program allows the City to intervene in housing court cases where multi-family buildings are insufficiently heated during the winter months (November - April). The Court then appoints a receiver to make the needed improvements and restore heat to the building. They act as an interim property management company for the multi-family building. During this process they collect rents and make the necessary improvements. The receiver's costs in making these improvements are reimbursed by the Department of Housing in exchange for a lien in the full amount of the improvements. This program works well in preventing displacement due to poor upkeep of many multi-family buildings. It provides residents with legal action to deal with those landlords who do not maintain their property. It enables residents to stay in these units rather than relocate. (Contact: Department of Housing, Real Estate Services Division)

  9. Housing Abandonment Prevention Program (HAPP)

    HAPP is another program established to preserve multi-family buildings in danger of abandonment. This program has more flexibility than the Heat Receivership Program because it allows for a court-appointed receiver to make emergency repairs to a number of code violations and deteriorating conditions, such as; replacing the roofs, electrical systems, and porches. The department of Housing, through the Community Investment Corporation, provides the funds needed to make the emergency repairs and stabilize those building until permanent improvements can be made. A lien is placed on the building by the City for the costs of the repairs. The lien can then be foreclosed by the City, thus making the building available for transfer to a developer for further rehabilitation and management. This developer can be either a for profit or a not for profit as long as they have the means and the know how to take responsibility. The program simply puts buildings in the hands of those who want to maintain them and who are committed to preserving housing. (Contact:The Department of Housing; Real Estate Services Division).

  10. Tax Reactivation Program and Special Sales

    The Tax Reactivation Program provides a mechanism for the City of Chicago and Cook County to return tax-delinquent buildings and vacant land to the tax rolls and provide affordable housing. In this program, the City makes a non-cash bid to the County for tax delinquent property on behalf of a developer who is applying for the building and/or the vacant land. The County issues the City a Certificate of Purchase which can be converted to a tax deed once the owner's period of redemption has expired. The deed is then transferred to the pre-identified developer for rehabilitation or new construction on the vacant site. The Tax Reactivation Program has a formal application that developers must complete before being selected and the process generally takes between 18-24 months. It is up to the developer to investigate and find those vacant parcels or buildings, usually with 7 units or more, which are tax delinquent. Once this task is completed they can then begin the formal application process. Since 1989, 161 properties have been transferred through the Tax Reactivation Program and another 35 properties are still in process. In addition, there have been 81 vacant lots transferred through this process. (Contact: Department of Housing, Real Estate Services Division).

  11. Court-Ordered Relocation Unit in Department of Human Services

    This unit will assist tenants who have been evicted to apply for CHA housing or to find shelter space. The unit will also refer tenants to other city programs, which may benefit them. Finally, according to administrators at the Department of Human Services, a "very small budget" is available to cover the costs of relocation for tenants who are severely destitute. The small relocation budget is not documented or advertised because of fear that the department will be overwhelmed with requests. (Contact: Department of Human Services)

Back to Table of Contents

Strategies from Other Cities

In this section we list the strategies we found being implemented and discussed in other cities. We compiled this listing from existing research and information, plus, whenever possible, we did telephone interviews with activists and government officials in other cities to find out what additional strategies were being implemented. If we found an example of the strategy being used by a Chicago community group, it is discussed in a separate Chicago section.

  1. Community Land Trust

    A community land trust is a private non-profit corporation created to acquire and hold land for the benefit of a community. It also provides secure affordable access to land and housing for community residents. Community Land Trusts essentially take land off the market by restricting speculation, absentee ownership of land and housing, and preserving the affordability of housing. The first option, if residents choose to sell at a controlled appreciation price, goes to the Community Land Trust Board. Ownership of the land enables the CLT to develop policies which must be agreed upon by those interested in the area before a long term land lease can be signed.

    Burlington, Vermont offers a good example with the Burlington Community Land Trust which has made 102 housing units in Chittenden County.(Burlington Free Press 6/90, Contact: Burlington Community Land Trust.) Another example exists in Atlanta where the South Atlanta Land Trust(SALT) bought nine house sites in its minority neighborhood which was experiencing deterioration. Using various funding sources from both public and private sector, SALT homes were renovated and sold to low-income single women. Title to the homes is held by SALT and the sales agreement limits equity appreciation which eliminates speculation. (Contact: Community Information Exchange, South Atlanta Land Trust, Atlanta, GA)

    Chicago Examples: The Chicago Acorn (Association of Community Organizations for Reform Now) chapter has used the land trust strategy. Acorn bought foreclosed homes from HUD, hired local contractors to rehab them, and either sold or leased with the option to buy to families in primarily the south side Englewood neighborhood. For some of the homes, the families also participated in the rehab with sweat equity which further reduced the rehab costs. The Acorn Land Association was established whereby the land association held the deed to the land and leased the house for 99 years. The lease is renewable and the land association has the first option to buy back the house. The buyer will receive what they paid for the house plus compensation for any improvements made on the house. There is a no appreciation clause in the land contract. There are 50 homes participating in the Acorn Land Association. Acorn combined the land trust strategy with the lease with option to buy strategy which gives the lessee 3 years to decide whether to buy the house. All of the payments during this 3 year period go toward the payment of the house at a preset price.

    The Local Initiatives Support Corporation (LISC) and several large Chicago banks participated in the financing for the homes. These funders ended up liking the land trust strategy because it was another interested "party" which would care if the owner defaulted on the mortgage. In addition, the land association's first option to buy also gave more assurance to the financing institutions that an organization was standing by to either assist the owner or buy the property in case of default. Two other groups in Chicago have used this strategy or are in the midst of organizing a land trust. They are People's Housing in Rogers Park and Erie House in West Town.

  2. Non-Profit Ownership

    According to the National Congress for Community Economic Development there are at least 2,000 Community Development Corporations (CDCs) across the country that have developed and own 320,000 units of affordable housing. These CDCs , many of which are in Chicago, use non-profit ownership to control housing and other property in their communities. By putting housing units in non-profit ownership it is essentially taking these units out of the market and preserving them as affordable units. One CDC in Richmond, Virginia, adopted a strategy where they went about buying property on every block in their community. The non-profit then had some control over speculation and development since they own property on every single block. The CDC can then decide if they would like to sell the property or hold on if they believe a proposed development could displace residents. This could also be described as a land banking strategy. (Contact: Larry Yates of the Low Income Housing Information Service Washington D.C.)

    Chicago Examples: The Chicago Rehab Network represents 32 CDCs in Chicago that own and manage over 10,000 units of affordable housing.

  3. Community Land Banks

    Land banks work in a similar fashion to community land trust, but it is a strategy that can be short or long term. It is different than the Community Land Trust which is only a long term community ownership strategy. For example, in Baltimore, residents were faced with the potential of a superhighway going through the Fells Point neighborhood. The Southeast Community Organization organized residents in an effort to stop the deterioration of absentee owned buildings. The group formed a land bank which was financed by foundation funding. Through the land bank, they purchased the homes of these absentee owners, rehabbed the buildings and sold them outright to members in the community or they offered a lease-purchase arrangement. The city also provided low cost loans for renovations. Eventually 110 properties were land-banked throughout Fells Point. (Contact:Community Information Exchange, South East Community Organization/ Baltimore, MD)

  4. "Squatting" as a Political Action

    In an effort to obtain more money from the city to build affordable housing , the members of the Boston/ HUD Tenant Alliance decided to using squatting as a strategy. They used the Copley Square Development as their target and set up white sheet tents on the exact sites where they felt housing was needed. The city eventually gave in because of the negative pressure from the press and provided the group with a multi unit subsidized building. This aided in obtaining affordable housing and also directed attention to a specific area where the grassroots agency felt there should be affordable housing. (Contact: Boston HUD Tenant Alliance, Michael Caine)

    Committees of Social Self-Management in Moscow, Russia, have also used squatting, picketing, and blockading of luxury housing developments to call attention to the shortage of affordable family housing. Likewise, in cities around the world, squatting is one of the most popular strategies to force reallocation of land and housing to the needy.

    Chicago Examples: A group called the Mad Housers assisted homeless people by building small huts with a heater, cooking and sleeping accommodations. These huts were then placed on railroad property. The City of Chicago at first tolerated the huts and the squatting on railroad property. But then, the City decided to evict the dwellers and destroyed their huts. The City insisted that the dwellers either seek shelter in public housing or in overnight and transitional shelters.

  5. Eminent Domain Powers for Non-Profits

    This strategy gives community organizations eminent domain power to acquire vacant land and buildings in their neighborhood. The Boston group, the Dudley Street Neighborhood Initiative (DSNI), is the most famous and only example of a group in the U.S. acquiring this local power. Like many urban communities the residents of the Dudley Street area found themselves surrounded by many vacant buildings and land. They banded together to do something about the redevelopment of their area. As part of a comprehensive planning process, DSNI wanted land stewardship over time for their community. DSNI formed a separate corporation, Dudley Neighbors, Inc. which is a nonprofit community land trust that will acquire land and build affordable housing, commercial, parks, and other needed community facilities. Dudley Neighbors, Inc. also became the corporation which was designated with the eminent domain powers. It has a board with a majority of residents along with representatives from the City of Boston, their State representative and City Councilor. Since receiving the power of eminent domain in 1988, DSNI has received financial help from the Ford Foundation to buy much of the land needed to do their housing development. Thus far, 300 housing units have been built because the community has planned and organized to get eminent domain powers. (Contact:Dudley Street Neighborhood Initiative, Boston, Mass .)

  6. Class Action Law Suits

    In Addison, Illinois, a group of residents have filed a class action suit against the City of Addison. The suit claims that the City of Addison is using the designation of a Tax Increment Financing District (TIF) to displace most of the Latino families of the area. The court case is still pending.

    Chicago Examples: There are two recent examples in Chicago of community groups using class action law suits to fight displacement in their community. First of all, the South Armour Square Neighborhood Coalition has filed a class action civil rights suit against the White Sox, City of Chicago, State of Illinois, and the Illinois Sports Facility Authority which claims that the choice of the location of the new White Sox Park was racially motivated. The court case is based on evidence that the ball park could more easily have been located to the north and west of its present location and displaced less people. However, the people living to the north and west were white families. In this case, the remaining community residents are asking for the rebuilding of their community which was lost due to the relocation. This would involve 178 homes and 12 businesses.

    In another case the Henry Horner Mother's Guild has a class action suit pending against the Chicago Housing Authority which claims that the CHA intentionally allowed residents of Henry Horner to live in unsafe and dangerous housing. This court case has been an important leverage for Henry Horner residents to have a say in the redevelopment plans for Henry Horner and also a say in whether each resident or family wants to stay in the area or take the option of moving to another CHA development or be given a Section 8 certificate.

  7. Limited-Equity Housing Cooperatives/ Leasehold Cooperatives

    A limited-equity housing cooperative is owned by the residents, with resale restrictions built into the deed or other government documents to limit the value or the potential for inflation in the value of each member's share. The tenants of a privately owned building, when faced with the prospect of its sale or conversion to higher-income cooperatives or condominiums, will often form an association to purchase the building. They can then turn it into a limited-equity or leasehold cooperative. In a limited-equity housing cooperative, each member owns a share in the value of the building and land. Leasehold coops generally own and hold title to the land but give the developer ownership of the building through a long-term lease. The terms of the coops allow the leasehold cooperative to control management and future use of the building.

    In Minneapolis, West Bank Homes, developed jointly by a for-profit developer and the West Bank Community Development Corporation, is a leasehold cooperative comprising 65 homes. The $4.5 million project is financed through a number of private and public funding sources. The project grew out of the protests of renters when the city was planning extensive demolition to make way for a high-rise housing development. The new development would have destroyed the nature of the neighborhood.. The West Bank Community Development Corporation will receive a 40 percent share of the residuals from the eventual sale of the property and has a right of first refusal at time of sale. These benefits will be transferred to the residents' cooperative to help them purchase the buildings.(Contact:Community Information Exchange, West Bank CDC, Minneapolis, MN)

    Limited equity cooperatives are a form of ownership and control that has been used in many cities in the United States and Europe. In Oslo, Norway, more households are in cooperatives than are home owners or renters in the private market. Since 1988, many Oslo cooperatives have converted to individual ownerships with less restrictions on the deeds. (Contact: Norwegian Building Research Institute)

    Chicago Examples: Chicago has the second highest number of cooperatives in the United States with over 4,000 units, which is second only to New York. Chicago has dealt for many years with cooperatives especially those concerned with equity or limited equity housing cooperatives. One good example is the London Town Homes, 700 units of housing on the south side.

    Leasehold Cooperatives have been much harder to obtain for the Chicago area. One of the primary reasons behind this is that Mayor Daley's administration has refused to make any loan commitments for cooperatives, which eliminates the ability to receive Tax Credits. Other states, such as Minnesota, have been successful with leasehold cooperatives because they have specific laws that enable them to receive loans for this particular type of endeavor. The closest Chicago example would be the St. Clair Homes which is managed by the Covenant Development Corporation. In this example the CDC is the owner and the residents of St. Clair Homes have a lease on the property.(Contact: Mutual Housing Network)

  8. Lease-Purchase Home Ownership Arrangement

    Under a lease purchase-arrangement, a house needing rehabilitation is purchased and repaired by a non-profit organization or other organization. It is then leased to a lower income family or individual at an affordable rent. This family is given the first option to buy the home after an arranged period. During this entire process, the renter is putting money aside and rebuilding credit in hopes of having a down payment for the home and securing their own mortgage. This strategy allows families who would otherwise be unable to afford or qualify for a mortgage to become homeowners and also stay in the area. It helps local residents remain in the community since the residents of the area would be given the first option to apply for the arrangement. This could also work for new construction.

    In Cleveland, Ohio, the Cleveland Housing Network was founded in 1981 by the Famicos Foundation to renovate deteriorated housing throughout Cleveland. The foundation has helped to keep acquisition and rehab cost low. CHN receives donations of property, acquires abandoned buildings and then repairs them to meet city codes. The families are carefully screened and are usually picked from the area or an adjacent community. To date CHN has produced housing for more than 600 families, with a total property value of more than $20 million.(Contact:Community Information Exchange 1988, Famicos Foundation/ Cleveland Housing Network, Cleveland , Ohio)

    Chicago Examples: The Lawndale Christian Development Corporation has been using the Lease-Purchase Home Ownership arrangement. In addition, Acorn Housing Corporation has also used lease-purchase along with the land trust to facilitate more families being able to become home owners.

  9. Equal Development or Balanced Growth Ordinance

    In San Francisco, Boston, and Santa Monica, progressive coalitions have successfully created and implemented laws which links downtown development to the support of neighborhood economic development.

    In San Francisco, the Council of Community Housing Organizations (CCHO) successfully lobbied for the passage of the Office Affordable Housing Production Program Ordinance in the mid-1980's. This ordinance required developers who built downtown office space to place money in an affordable housing pool. The exact amount required was determined by a formula based on the square footage of office space being developed. During the high-rise construction boom, this pool generated $27 million for affordable housing in the city. In the last few years, though, downtown office construction has ceased due to economic downturn and no new money has been generated.

    CCHO also succeeded in winning passage of a similar ordinance which required downtown developers to pay into a funding pool for child care and another for jobs. The rationale it used in winning these ordinances was similar as that used to win on affordable housing. Downtown developers were building office space which was attracting higher income people to the area. In a tight real estate market, lower income people were forced to move by both rising prices and direct displacement. Light industries that employed lower income people were also being forced to leave. The ordinances were necessary compensation to those people whose lives were negatively affected by downtown development. Both these ordinances are asking developers to pay impact fees for their developments. This is an approach used more commonly in suburban areas. When a developer wants to do a major development the local municipality does an impact analysis on how this development is going to affect public services including such things as schools and parks. The developer is asked to include some of these costs in his overall development.

    Chicago Example: There was an effort under the Harold Washington Administration to do a similar thing here in Chicago. It was called Linked Development and the Washington Administration set up a task force to study how it could be implemented. Similar to the SanFrancisco ordinance, downtown developers would be assessed by the square foot to provide funding for neighborhood development efforts. There was strong opposition by the downtown development community and the idea was abandoned as a strategy by the Washington administration.

  10. Local "one-for-one replacement" Ordinance

    These ordinances are modeled after the federal mandate but are used in a variety of forms at the local level. In New York City, an umbrella community organization called the Joint Planning Council (JPC) won a one-for-one replacement agreement from the city which affected only their particular neighborhood on the lower east side of Manhattan. This agreement required any developer who purchases city-owned land or property and develops it for higher-end use must fund the creation of the same amount of low-income housing units in the same neighborhood. Since this law went into affect, no luxury development has occurred in the area. JPC says that the real estate market in general collapsed in the city at the time they won passage of the agreement. Market decline, they argue, has caused the dearth of upscale development in the area.

    In Seattle, local community organizations including The Tenants Union won passage of the Housing Preservation Ordinance. This required any landlord in the city who demolished low-income housing to replace the same number of units or make a contribution to the State Housing Trust Fund. This ordinance was struck down by the state supreme court three years ago as unconstitutional.

    According to John Huerta of the Western Center on Law and Poverty, California's Mellow Act requires that any time affordable housing located along the Coastal Zone (a strip of land running the length of the state's coast) is destroyed, it must be replaced one for one. New affordable housing may be built within three miles of its original location.

  11. Local measures which pay costs of tenant relocation

    In Seattle, the city implemented a Tenant Relocation Assistance Ordinance in 1990. This ordinance applies to tenants of any property which undergoes any of the following: (1) demolition, (2) substantial rehab, (3) change of use, and (4) removal of government restrictions. Only low-income households, defined as 50% of the county's median income, can receive benefits. Under the ordinance, the city provides $1071 to each tenant for relocation. Until June 1993, landlords were required to match this amount. A pending court challenge by a landlord coalition, though, caused the local Department of Housing and Human Services to suspend this requirement. If a tenant can document that they had to pay more than $1,071 to relocate, however, the city will pay them up to $500 extra. Landlords are also required under the ordinance to provide 90-day notice of the pending eviction to tenants.

    Staff at the city housing department say that the ordinance, as initially written, was a burden on small-time owners. Also, they complain that tenants often don't fill out the necessary forms correctly or at all. In 1993, there were 339 units in Seattle deemed to fall under the ordinance. Half of these were income-eligible. In 1992, 320 units were affected, but only 25 were eligible. Finally, in 1991, 491 units were affected and 154 were eligible. (See also federal guidelines established under the Uniform Relocation Act which require tenant relocation payments in the federal programs section of this report)

  12. Rent Control

    Rent control laws restrict rent increases, either city-wide or particularly in gentrifying neighborhoods. Some allow rent increases only in certain circumstances, such as when ownership of the building is transferred. Many of the laws also limit the size of the increase. Regulations in New York City, for example, restrict landlords' ability to raise rents. Last year, for example, rents could only be raised 2%. The law in New York City, though, allows landlords to raise rents higher if they've made a significant capital improvement to the building. Activists in NYC also complain that tenants whose rent is raised beyond the legal limit wait for long periods as their case is passed through the bureaucracy. The law applies only to buildings larger than three units.

    The Rent Stabilization Ordinance in San Francisco provides for a similar level of rent control. While activists feel that its passage has played a significant role in limiting displacement, significant loopholes allow for abuse of the ordinance. For example, homeowners can evict existing tenants if a relative moves in. Many owners arrange for a relative to live with them for a short period, thereby evicting the tenant and, after the relative moves out, legally jacking up the rents.

  13. Zoning and Land Use Controls

    Just as some suburbs limit the influx of lower income and minority people through restrictive zoning regulations, some activists have fought for zoning and land use controls which limit the influx of development associated with gentrification. In San Francisco, activists won passage of Proposition M, which put a lid on office development in the city and mandated over-riding guidelines for the Master Plan (San Francisco's overall land use and zoning plan). [Note that in Chicago we don't even have an equivalent of the Master Plan.] Proposition M mandated zoning and land use changes which encouraged the preservation of affordable housing, neighborhood-serving retail and service, and blue collar intensive industrial uses. The proposition passed its third time on the ballot.

    The passage of Proposition M was followed in September 1990 by a rewriting of the Master Plan Residence Element in accordance with the demands of the activist community. In addition, community organizations in several San Francisco neighborhoods fought for specific zoning and land use changes in their neighborhoods which implemented the planning principles laid out in Proposition M. The local CHAS was written to encourage the creation of affordable housing which benefitted households earning less than 25% of the PMSA median income.

    San Francisco activists also won passage of the Residential Hotel Conversion Ordinance, which prohibits most conversions and, for those that are allowed, mandates one for one replacement housing.

    In Seattle, the city passed the Downtown Housing Maintenance Ordinance. This ordinance restricts the ability of speculators to leave residential rental housing in "good shape" sitting empty.

  14. Limit Condominium Conversions

    Condominium conversions directly reduce the supply of rental housing and often signal the full-scale introduction of gentrification into neighborhoods. Restrictions on condominium conversions, then, attempt to directly forestall the process. The Council of Community Housing Organizations in San Francisco fought successfully for such limitations, which were written into the city's Master Plan for zoning and land use and implemented in several neighborhood zoning changes. The changes were fought, of course, by development lobbies throughout the city.

    The Pennsylvania Economy League (PEL), a state-wide housing and economic development research group, counsels against the use of anti-displacement strategies that restrict the development market. The PEL, after conducting a national survey of anti-displacement strategies, found that those strategies which restricted the market often discouraged any development at all from occurring in deteriorated neighborhoods. PEL urges the use of strategies which encourage low-income development without restricting the flow of the open market. Examples of strategies which PEL encouraged are support for Community Development Corporations and the creation of low-income cooperatives and other home ownership opportunities.

    Chicago Examples: In Chicago, current law requires that property owners who wish to turn their rental apartment into condominiums must provide at least 120 days notice to tenants. If a given tenant's lease expires within the 120 day notice period, the tenant has the right to stay through the 120 days. If their current lease runs longer than the 120 days, tenants may stay until the lease expires. Tenants who are over 65 years old, blind, or unable to walk without assistance must be given a 180 days notice. In addition, the property owner must offer the tenant the option to purchase their unit. That is, the tenant has the right of first refusal. They also have the right to match any offer the property owner receives for their unit, up until the time that the unit is actually sold. (Contact: Metropolitan Tenants Organization)

  15. "Security of Tenure" Laws

    These laws provide assurances to lower income and long-term residents that landlords cannot evict them easily, often by providing a minimum period of notification before eviction and by giving tenants an appeal process. In Seattle, landlords are required by the Tenant Relocation Ordinance to provide low-income tenants 90-day notice if they are going to be evicted.

    Chicago Examples: In Chicago, the Metropolitan Tenants Organization (MTO) is currently organizing to change current law regarding this issue. At present, landlords do not have to give any reason for refusing not to renew a tenant's lease. The burden to prove that the landlord's refusal to renew is illegal falls completely on the tenant. MTO wants landlords to be forced to disclose their reasons for not renewing a lease. Only certain reasons would be acceptable.

  16. Increase taxes on vacant buildings, vacant lots, and parking lots to discourage speculators

    The Tenant Union in Seattle submitted a proposal to the City's Mayor which, in part, called for taxes to be increased on vacant land and buildings and parking lots. All three of which are held by speculators. This idea originally arose when a local CDC wanted to purchase a vacant building located in the downtown area. In researching the building, the CDC found that the assessed valuation of the property was approximately one-fourth of the asking price. Had the assessed value, and hence the property taxes, been higher over the years, then the building's owner would have been less likely to let the property sit vacant and deteriorate. The CDC argued that the City would not have been burdened with a vacant property and the housing units would have been available to tenants in the city. The Mayor refused to adopt this policy, claiming that speculators would not be discouraged by higher property taxes. Arlen Olsen, an organizer with The Tenant Union, thinks that the general mood against raising taxes influenced the Mayor's decision. Olsen and other organizers plan to continue working on this strategy.

  17. Property Tax Relief

    These programs, often known as "circuit breakers" were especially popular in the late 1970's and early 1980's. They set ceilings on the amount of property taxes that certain people, usually the elderly and homeowners have to pay.

    Chicago Examples: The State of Illinois Department of Revenue administers a program which provides grants to individuals over 65 years old and disabled persons. Program applicants are eligible if their income is under $14,000 annually per household regardless of family size. The amount of the grant is calculated based on the household's income and the amount of the property taxes paid. Renters eligible under the criteria listed above also may receive grants.

    The Cook County Assessor's office runs programs which help senior citizens with property tax relief. The Senior Homestead Exemption provides an exemption based on the value of the property which directly reduces the senior's property tax by $200 to $250 annually. All people over 65 years are eligible. Secondly, the Senior Citizen Tax Freeze Homestead Exemption freezes senior property taxes at the 1993 level. Only households earning less than $35,000 annually are eligible. This income level applies to the household who the senior lives with not just the income of the senior. In addition, the Assessor has a homeowner's exemption for owner-occupied 1-6 unit buildings. There is a $450 cap on this exemption.

  18. Rent Subsidies

    Rent subsidies take a variety of forms, from Section 8 certificates to direct subsidies to renters in selected apartment buildings. They seek to put money in the pocket of lower income renters, which will allow them to compete in the housing marketplace. In some gentrifying neighborhoods, though, rents have increased to a point that undercuts the competitive advantage of the subsidies. Landlords, in addition, often avoid tenants with vouchers.

  19. Low-Income Tax Increment Financing Districts in other Cities

    Tax Increment Financing districts have been used for many years in California to create low-income housing. Once an area is designated "blighted," then property tax increases are caught by a Redevelopment Agency which must spend at least 20% of the money on low-income housing creation. In Chicago, when the city names an area "blighted," the Department of Planning and Development then has authority to (1) acquire land and property in the area, using the power of eminent domain if necessary, and (2) sell off land and property in accordance with its redevelopment vision for the area. There are no guarantees written into the law that assure a certain percentage of the development will benefit indigenous or low-income people.

    In San Francisco, low-income TIFs have generated $40-45 million in affordable housing production in the last five years. Only not-for-profit CDCs are eligible to use this source of financing.

    Chicago Examples: Last year, the City of Chicago used, for the first time, a low-income TIF to create 96 units of low-income housing. Other TIFs, such as the $104 million one implemented in the South Loop contain no guarantees that existing or low-income residents will benefit.

  20. Right of First Refusal

    Through these policies, property owners who plan to sell their property must first offer to sell it to tenants or community development corporations. A "right of first refusal" policy that would cover all private market buildings in gentrifying neighborhoods has not been implemented anywhere in the country. Even in Seattle, where activists suggest the use of these policies to fight displacement, private market interests are likely to block any attempt to create ordinances along these lines.

    Some government-supported mortgages, though, provide an important opportunity to implement "right of first refusal" plans. Many properties, for example, were provided low-interest mortgages by HUD in the 1970's. The mortgages are now eligible under their original terms to be payed off, which would free the owners to gentrify the properties if they wish. The Organization of the Northeast led a fight in Chicago which assured that tenants of an Uptown apartment building received the right of first refusal. The tenants now manage the building.

    Mortgages held by Freddie Mac may provide a similar opportunity. Northwest Bronx Committee and Clergy (NBCC) in New York is currently fighting Freddie Mac to force the mortgager to more carefully review the mortgages it provides to discourage speculation. NBCC argues that many of the mortgages Freddie Mac provided in their neighborhood were over-priced and therefore encouraged both speculation and mortgage default. NBCC is not fighting for Freddie Mac to implement "right of first refusal" policies in properties that default, but the experience of community organizations on the HUD properties suggests the use of these policies as a potentially effective solution.

    Chicago Examples: Property owners who choose to convert a rental building into a condominium must grant tenants the right of first refusal to purchase their units. (See strategy # 14 on Condominium Conversions.) Chicago's Bickerdike Redevelopment Corporation, a nonprofit corporation, uses a version of right of first refusal to assure that properties they develop do not facilitate gentrification in the neighborhood. Individuals who purchase a single family home developed by BRC must sign a re-purchase agreement which requires them to sell the property back to BRC if they wish to sell in the first 10-15 years. If they chose to sell within this time frame, they must accept an annual appreciation rate of no more than 5% annually.

  21. Support Planning processes which empower local residents to determine course of development.

    In all major cities surveyed, residents and local community organizations have had to fight to assure that their concerns would be considered before development progressed. In Atlanta, the only anti-displacement strategy local activists can report are settlements that developers have negotiated with community residents when a large project causes significant, direct displacement. The building of the Olympic stadium, for example, caused 50 homes to be destroyed. The local community negotiated for 75 replacement homes to be built. Clearly, though, such settlements hardly constitute an anti-displacement policy. Some activists argue that when major developments such as stadiums or university expansions are proposed, city government should refuse any support until the developer reaches an agreement with the community.

    Effective organizing is clearly needed if such planning is to become reality. The Council of Community Housing Organizations in San Francisco, whose member groups now own as many rental housing units as the local housing authority, see the organization of tenants as key to their overall efforts to place neighborhood planning in the control of local residents. CCHO was able to gain enough control of the local planning and development agency, so that their members had oversight on planning decisions in particular neighborhoods. Community groups in all other cities surveyed do not have such power.

    Planning decisions in Redevelopment Areas in Chicago are currently overseen by a mayor-appointed board of commissioners, none of whom are low-income residents of neighborhoods burdened by displacement. There is no formalized process which provides local neighborhoods with the power to determine the course of planning in their area.

  22. Subsidize Home ownership Programs

    These programs, currently popular, provide education and economic support which helps lower income families to purchase their own homes. Subsidies are provided through a variety of means, including directly subsidizing purchase prices, waiving certain development fees, and limiting down payments. Some for-profit banks, in addition to city administrations and not-for-profits, have initiated programs along these lines.

    Chicago Examples: The New Homes for Chicago Program operated by the City's Department of Housing provides $20,000 purchase subsidies and fee waivers to buyers who earn up to 115% of the city's median income. Nonprofit CDCs which develop New Homes for Chicago may choose to lower the income standard. In 1994, the program funded the construction of 92 new units.

  23. Registration of Homeless Populations

    In the city of St. Petersburg, Russia, the city administration has set up a registration of all homeless people so that it can have a better idea of the housing shortages for all individuals and families in need.

  24. Renter Advocates and Advisors

    In the city of Berlin, Germany, a non profit group called S.T.E.R.N. which stands for Careful Urban Planning is one of the main contractors of the Berlin Senate to work with tenants in districts which are experiencing reinvestment and displacement. The Berlin Senate pays S.T.ER.N. to hire advocates and advisors to work with the tenants. These advisors inform the tenants of their rights and assist them in negotiations with the developers and owners of buildings in the area.

  25. Tenant Modernization Program

    Also in Berlin, there is a program which S.T.E.R.N. developed with tenants which allows tenants to make their own improvements to their apartments. The tenant is involved in the assessment of what he/she wants improved in their apartments. The program first requires the approval of the owner of the building.

    Chicago Examples: Tenants are allowed under the law to make repairs in their apartment and then deduct the cost of these repairs from their next month's rent. To do so, a tenant must first provide written notice of their intention to their landlord and allow the landlord 14 days to complete the repair. Also, there is an expense cap which limits the amount which can be deducted in this manner. Until recently, the cap was $200 per month. Thanks to the efforts of local tenants groups the cap has been extended to $500 per month.

Back to Table of Contents

Section Three: Case Studies

To illustrate how some of the strategies in the previous section have been used by different community groups in Chicago to fight displacement, we offer the following case studies.

  1. West Town

  2. South Armour
  3. Pilsen
  4. South Loop
  5. Near West Side