Monday, February 20, 2012
Opening The Door
Bay State’s First 40T Project Finds Home In Cambridge
Despite Being Two Years Old, Untested 40T Finds Early Success
By Colleen M. Sullivan, Banker & Tradesman Staff Writer
The state’s newest affordable housing law – Chapter 40T, passed in 2009 – recently chalked up its first victory, helping to preserve 25 affordable units in a 50-unit apartment building in the heart of Harvard Square in Cambridge.
The statute has several provisions aimed at giving tenants of affordable housing plenty of notice and resources if their landlord decides to pursue conversion of the property to market rate.
Perhaps the most important – from a development perspective – is a provision in the bill giving the Massachusetts Department of Housing and Community Development (DHCD) the right of first refusal when a building with affordable units comes up for sale. DHCD doesn’t aim to buy the properties outright; instead it has a pre-approved list of affordable housing developers with whom it works to help acquire and manage the property.
Despite the fact that the law is more than two years old, the tight, slow, declining market has largely kept multi-family owners on the sidelines and state pocketbooks firmly buttoned – leaving untested a law many owners regarded warily, fearing state involvement could only delay a sale.
“A lot of the sellers were unsure [about the law]. They love to have a free hand when they want to sell their property,” said Peter Daly, executive director of Homeowners Rehab Inc., a Cambridge affordable housing developer brought in by DHCD for the Harvard Square project, located at 122 Mt. Auburn St. “I think sellers were anxious about the 40T legislation – would it work, and would it work with the timetable that they need.”
But this first 40T deal proves the statute can be used in a way that meet seller’s expectations, Daly said.
“It was a deal that was fair to all sides, and we had the resources held in reserve to help the buyer perform,” he told Banker & Tradesman.
‘A Foot In The Door’
It certainly didn’t hurt that the project was in Cambridge, a community with a long-time commitment to affordable housing preservation – 80 percent of the city’s federal Community Protection Act grant funds are dedicated to that goal, according to the city.
“The unified purpose of the Cambridge City Council was always to protect and preserve affordable housing in the city of Cambridge,” said Cambridge City Manager Robert Healy.
The deal required an $8.1 million acquisition loan from Community Economic Development Assistance Corp. (CEDAC), a quasi-public finance agency which aims to help community groups fund economic development projects. CEDAC created a dedicated $150 million loan pool and a list of expiring-use projects to help make non-profits and community development corporations aware of potential 40T sites in their area.
“The law is very strict in terms of the timeframes that DHCD and its designee are allowed to complete a complex purchase transaction,” said Roger Herzog, executive director of CEDAC. “CEDAC has the ability to move very quickly to meet those constraints.”
According to Herzog, the Harvard Square project was first put on the market in April 2011, at which time DHCD notified the sellers in of their interest. HRI was designated in May, and by December they had acquired the property.
This first implementation of the program has attracted watchful eyes from around the country, with representatives from national affordable housing network Neighborworks, a partner of HRI, attending a recent ceremony held to mark the successful deal.
Affordable housing advocates said they hope it will prove a model for future acquisitions. The bill “gave us a foot in the door…and that’s what we needed to move forward. Without 40T, I’m not sure this project would have been preserved,” said Daly.
http://www.bankerandtradesman.com/news148706.html