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Council considers council‑level waiver for affordable projects with committed federal/state funds
Summary
An amendment would allow the county council to waive the schools test by resolution for affordable housing projects that can show loss of committed federal or state funding would terminate the project; proponents said the waiver would preserve projects relying on low‑income housing tax credits while opponents urged safeguards to avoid developers evading obligations.
Council members discussed an amendment to protect affordable‑housing projects that rely on time‑sensitive federal or state funding from being halted by a failed schools test.
The amendment would let the county council approve a waiver by resolution if a developer demonstrates that losing the committed funding (for example, low‑income housing tax credits or other state/federal grants) would terminate the project. The waiver process would require public vetting and evidence that the funding is real and time‑sensitive. Proponents argued the measure prevents losing outside funding and preserves affordable units; opponents cautioned against creating a route for developers to sidestep APFO obligations without adequate checks.
Council members discussed alternatives, including empowering DPZ or the director to act in narrow circumstances or limiting waivers to projects under a size or affordability threshold. Staff noted the existing allocation waiver process is a public resolution and recommended similar safeguards.
What happens next: Council members asked staff to draft language that protects affordable housing without undermining the APFO’s intent to ensure adequate public facilities.
