Austin City Council amends density bonus program for affordable housing

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a day ago

The Brief
Austin City Council approved an update to the density bonus program
A tenant at Acacia Cliffs has been fighting a rezoning request from developers
AUSTIN, Texas - Austin City Council approved an update to the density bonus program, which is to help with affordable housing.
For months, tenants at Acacia Cliffs, an affordable apartment complex in Northwest Austin, have been fighting a rezoning request from developers that would make it a newer, taller complex.
Local perspective
Eric Gomez has lived at Acacia Cliffs since 2016.
"Right now, my rent's $1,088, and that's not including the fees they add to it," Gomez said. "If I had to pay $1,200, $1,300, considering how grocery prices have skyrocketed, that I'm a federal employee, and they're looking to cut, to basically make our benefits more expensive, cutting back on our overtime. I wouldn't be able to afford it."
The rezoning request uses DB90, a density bonus program, which was meant for more affordable housing by allowing taller buildings. The mayor says there have been "unintended consequences."
There could be fewer affordable units when the place is redeveloped.
Under the current DB90, a developer is only required to have 12 percent affordable housing. At Acacia Cliffs, that would be 84 out of 290 units.
"They can rezone it from a multifamily residence to a commercial residence and then apply DB90 and not have the protections there for the tenants. This, of course, would end up being catastrophic for many of those working families," Gomez said.
Acacia Cliffs tenants are calling on the City Council to require developers to replace any demolished affordable units, so those like Gomez can stick with their affordable housing.
"I really do not know where I would live, and I really like where I live. It's close to everything that I like," he said.
Many council members agree on closing the loophole.
Council member Vanessa Fuentes proposed an amendment for a one-to-one unit replacement.
What they're saying
Michael Whellan, Attorney with Armbrust & Brown, PLLC, represents the developers. In a statement, he says:
"We acknowledge that this is a difficult case, but it is important to keep in mind that the city already allows this property to be redeveloped today. The problem is that the current rules don't require any affordability or tenant assistance at all. What we're proposing would lock in a meaningful tenant assistance package as well as brand new affordable units that the city will continue to monitor and guarantee for the next 40 years."
He goes on to say:
"The current units rent at lower levels because they're older. But older units also start to fail. They start to have problems, no matter how hard you work to keep on top of them. And older buildings eat up a lot of energy and let stormwater run off without detaining or treating it. That all starts to add up. What we're proposing would address all of that, while also locking in new affordable housing and tenant protections."
The Source
Information from interviews conducted by FOX 7 Austin's Angela Shen, statements from Austin City Council members, and statements from an attorney