Housing Commission Research and RecommendationCity of Dubuque
City Council Meeting
Action Items # 02.
Copyrighted
December 4, 2023
ITEM TITLE: Housing Commission Research and Recommendation
SUMMARY: City Manager providing information regarding the Housing Commission
responsibilities in response to an audit finding from the US Department
of Housing and Urban Development and is recommending City Council
adopt the updates to the Housing Commission Ordinance to come into
compliance with the Federal Regulations and to eliminate redundancies
in the ordinance.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 2
Boards and Commissions, Chapter 5 Housing Agency and Community
Development Commissions, Article B Housing Commission, Sections 2-
5B-5 Membership and 2-5B-13 Powers
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Ordinance - Housing Commission Ordinance
THE CITY
DUOF
B TEE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Housing Commission Research and Recommendation
DATE: November 29, 2023
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
Housing and Community Development Director Alexis Steger is providing information
regarding the Housing Commission responsibilities in response to an audit finding from
the US Department of Housing and Urban Development and is recommending City
Council adopt the updates to the Housing Commission Ordinance to come into
compliance with the Federal Regulations and to eliminate redundancies in the
ordinance.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4
Mic ael C. Van Milligen
L[yTI LWA
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis Steger, Housing and Community Development Director
Wally Wernimont, City Planner
Jason Lehman, Assistant City Attorney
Dubuque
THE CITY OF
DUB E
Alf -America City
.,
I��I®
Masterpiece on the Mississippi
2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
DATE: November 22, 2023
RE: Housing Commission Research and Recommendation
INTRODUCTION
The purpose of this memo is to provide information regarding the Housing
Commission responsibilities in response to an audit finding from the US Department
of Housing and Urban Development.
BACKGROUND
In August 2023, the US Department of Housing and Urban Development (HUD)
provided the City of Dubuque audit findings from an on -site audit conducted in July
2023. In the findings, HUD notes that the Housing Commission should not allow any
landlords that accept Housing Choice Vouchers (HCV) to be a commissioner. HUD
cites a regulation that requires the executive board (City Council) to refrain from
renting to an HCV household as it is a conflict of interest.
The Housing Commission, as set up in Dubuque, only serves as an advisory
commission for the City Council. HUD does not feel this advisory commission
should allow landlords as commissioners, so the City of Dubuque is looking at
options for changing or disbanding the Housing Commission.
The Housing Commission duties as set today by city code "2-5113-13: Powers" are:
A. To contribute as appropriate in the planning, coordinating, and review of
housing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low- and moderate -income
persons in the planning, implementation, and assessment of housing
programs-,
1
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of
the city in accordance with present and future housing needs;
E. To request and review ongoing surveys assessing housing needs and
identifying future community housing needs, particularly the needs of persons
of low and moderate income;
F. To support the efforts of the city council and other city commissions in the
assessment of the general housing needs of the community;
G. To undertake from time -to -time other specific ongoing housing planning which
may be referred to it by the city council;
H. To research and recommend to the city council policies and programs
facilitating the development of affordable housing;
To undertake public information efforts to educate citizens of the availability of
federal, state, and locally funded housing assistance programs;
J. To assist in the preparation of the housing element of the city comprehensive
plan and the annual consolidated plan;
K. To offer comment, as appropriate, on the consistency of proposed housing
development with the comprehensive plan, consolidated plan, and existing
city housing strategies; and
L. Undertake such additional duties, with regard to the housing trust fund, as are
specified in this code.
Membership requirements per city code "2-5B-5: Membership" are:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based rental
assistance under section 8 of the United States Housing Act of 1937, whose
name appears on a lease of section 8 property. If such member ceases to
be a recipient of rental assistance under section 8, the term of such member
is deemed terminated and a new member who meets the requirements of
this subsection must be appointed for the remainder of the term.
2
3. The remaining members are at -large members.
4. Cross -Representation:
a. One (1) member must be appointed by the commission, with city council
approval, to serve on the community development advisory commission.
b. One (1) member must be appointed by the commission, with city council
concurrence, to serve on the long-range planning advisory commission.
DISCUSSION
Research was completed for the other top ten populous cities in Iowa to ascertain
what type of boards and commissions are in place and what their duties consist of.
Iowa City — CDBG/HOME and Section 8 guidance are provided by one commission
and recommendations are made to the City Council from this commission. This is
the same set-up as Dubuque and would not be a model to consider based on HUDs
guidance.
Des Moines — One board oversees the public housing projects, purchasing, RFPs,
and contracts. This board does not report to the City Council and is independent of
the City's decisions/policies. The board initiates programs or projects, including
grant applications that further the policies and plans of the city's municipal housing
agency, including tenant conduct and relations, in accordance with applicable local,
state or federal laws, rules or regulations related to public housing. Dubuque does
not have public housing and the Public Housing Authority is not a separate entity
from the City; therefore, Dubuque is unable to emulate this model.
Cedar Rapids — Has one Commission and the functions of that commission are to:
• Identify the nature and scope of housing needs of low and moderate -income
residents.
• Recommend effective strategies to City Council for collaborating to meet
those needs.
• Identify legislative issues regarding trends or barriers to access programs.
• Review and make recommendations to the City Council on key affordable
housing issues, such as the annual Housing Market Analysis and State
applications.
No board or commission in Cedar Rapids reviews Section 8. All Section 8 actions
go directly to the City Council without a board review. This is a model that Dubuque
could use.
West Des Moines — Has no boards or commissions related to Housing; however,
they have a Human Services Board to provide opportunities for individuals to
improve and enhance the quality of life through the programs and services available
3
with the goal of self-sufficiency. This is like Dubuque's Community Development
Advisory Commission.
Davenport — Has a Housing Commission that oversees all Section 8 programs and
public housing units. This is a five -member commission with no restrictions from
being an HCV landlord. This is like Dubuque's Housing Commission set-up, so it
would not be a model that could be considered based on HUDs audit findings.
Council Bluffs — Has a Municipal Housing Agency that is separate from the City
Council for Public Housing. Council Bluffs also has a Community Development
Advisory Committee that advises the City Council in respect to the CDBG/HOME
programs and housing and public improvements needs in the community. Although
this is like Dubuque, Council Bluffs MHA does not advise on Housing Choice
Voucher programs and only advises on Public Housing administration. The
Community Development Advisory Committee provides advice to the City Council
on housing needs and new housing developments. This is a model Dubuque could
consider.
Waterloo — Does not have a board related to Housing Choice Vouchers or Section
8 programs. Waterloo has a Community Development Board that oversees Urban
Renewal projects. Waterloo does not have a robust board and commission related
to Housing, but the idea of a board advising the City Council on Urban Renewal
Housing Projects could be incorporated into a Dubuque model.
Ames — Has no boards or commissions related to housing.
Ankeny — Has no boards or commissions related to housing.
Sioux City — Has no boards or commissions related to housing.
None of the boards and commissions researched have restrictive provisions for
being a Housing Choice Voucher landlord. Iowa City and Davenports models would
require this provision based on HUDs findings, so the City of Dubuque should not
consider these models without this provision.
Based on the research and discussions with two similarly situated cities (Cedar
Rapids and Davenport), the following updates to the ordinance are recommended:
1. Update the membership requirements with language requiring all members
refrain from leasing to a Section 8 participant per Federal Code.
2. Update duties and powers to clean up the language of the ordinance by
eliminating the following two duties:
12
K. To offer comment, as appropriate, on the consistency of proposed
housing development with the comprehensive plan, consolidated plan,
and existing city housing strategies; and
L. Undertake such additional duties, with regard to the housing trust fund,
as are specified in this code.
Section K is duplicative of Section A, and Section L refers to duties related to
the Housing Trust Fund which has its own advisory board so this commission
does not have these duties any longer.
Once these updates are made, some commissioners will need to step down from
their positions as Commissioners, due to already accepting Housing Choice
Vouchers as a landlord.
RECOMMENDATION
I respectfully request the City Council adopt the updates to the Housing
Commission Ordinance to come into compliance with the Federal Regulations
and to eliminate redundancies in the ordinance.
Cc: Wally Wernimont, City Planner
Crenna Brumwell, City Attorney
Jason Lehman, Assistant City Attorney
G0
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque IA 52001 563 589-4113
ORDINANCE NO. 54 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY
DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION, SECTIONS
2-513-5 MEMBERSHIP AND 2-513-13 POWERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 2-513-5 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
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A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based rental
assistance under section 8 of the United States Housing Act of 1937, whose name
appears on a lease of section 8 property. If such member ceases to be a recipient
of rental assistance under section 8, the term of such member is deemed
terminated and a new member who meets the requirements of this subsection
must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. No property owner or landlord accepting Housing Choice Vouchers may
serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions
Contract.
5. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory
commission.
Section 2. Section 2-5B-13 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
2-56-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of housing
development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing programs;
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of the city in
accordance with present and future housing needs;
E. To request and review ongoing surveys assessing housing needs and identifying
future community housing needs, particularly the needs of persons of low and moderate
income;
F. To support the efforts of the city council and other city commissions in the
assessment of the general housing needs of the community;
G. To undertake from time to time other specific ongoing housing planning which may
be referred to it by the city council;
H. To research and recommend to the city council policies and programs facilitating
the development of affordable housing;
I. To undertake public information efforts to educate citizens of the availability of
federal, state, and locally funded housing assistance programs;
T To assist in the preparation of the housing element of the city comprehensive plan
and the annual consolidated plan; and
K. Undertake such additional duties, upon the request of the City Council.
Section 3. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 41h day of December, 2023.
y4l�-�
Katy A. Wethal, Mayor Pro Tern
Attest:
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
2-513-5: MEMBERSHIP:
A. Number: The commission comprises ten (10) residents of the city.
B. Age: Residents must be eighteen (18) years of age or older.
C. Special Qualifications:
1. At least three (3) members must be selected specifically on the basis of
experience in real estate development, banking, finance, accounting, funds
management, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based rental
assistance under section 8 of the United States Housing Act of 1937, whose name
appears on a lease of section 8 property. If such member ceases to be a recipient
of rental assistance under section 8, the term of such member is deemed
terminated and a new member who meets the requirements of this subsection
must be appointed for the remainder of the term.
3. The remaining members are at -large members.
4. No property owner or landlord accepting Housing Choice Vouchers may
serve pursuant to 24 CFR 982.161 and Section 18 of the Annual Contributions
Contract.
5. Cross -Representation:
a. One (1) member must be appointed by the commission, with city
council approval, to serve on the community development advisory
commission.
b. One (1) member must be appointed by the commission, with city
council concurrence, to serve on the long range planning advisory
commission.
2-513-13: POWERS:
The commission has the following powers, duties, and responsibilities:
A. To contribute as appropriate in the planning, coordinating, and review of housing
development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing programs;
D. To provide input into the community planning process and to assist in
accomplishing a coordinated and consistent housing development program of the city in
accordance with present and future housing needs;
E. To request and review ongoing surveys assessing housing needs and identifying
future community housing needs, particularly the needs of persons of low and moderate
income;
F. To support the efforts of the city council and other city commissions in the
assessment of the general housing needs of the community;
G. To undertake from time to time other specific ongoing housing planning which may
be referred to it by the city council;
H. To research and recommend to the city council policies and programs facilitating
the development of affordable housing;
I. To undertake public information efforts to educate citizens of the availability of
federal, state, and locally funded housing assistance programs;
J. To assist in the preparation of the housing element of the city comprehensive plan
and the annual consolidated plan; and
K. Undertake such additional duties, upon the request of the City Council.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
12/08/2023
and for which the charge is 56.72
7�u
V
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 1lth day of December, 2023
Notary Put lic'in and for Dubuque County, Iowa.
JANET K. PAPE
7 Commission Number 199659
My Commission Expires
12/11 /2025
Ad text :
CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 54 - 23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS
AND COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY
DEVELOPMENT COMMISSIONS, ARTICLE B HOUSING COMMISSION,
SECTIONS 2-5B-5 MEMBERSHIP AND 2-5B-13 POWERS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 2-5B-5 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
2-5B-5: MEMBERSHIP:
A. "Number: The commission comprises ten (10) residents of
the city.
B. "Age: Residents must be eighteen (18) years of age or
older.
C. "Special Qualifications:
1. "At least three (3) members must be selected specifically
on the basis of experience in real estate development,
banking, finance, accounting, funds management, or other
related areas of expertise.
2. "One (1) member must be a person who is a recipient of
tenant based rental assistance under section 8 of the United
States Housing Act of 1937, whose name appears on a lease of
section 8 property. If such member ceases to be a recipient of
rental assistance under section 8, the term of such member is
deemed terminated and a new member who meets the requirements
of this subsection must be appointed for the remainder of the
term.
3. "The remaining members are at -large members.
4. "No property owner or landlord accepting Housing Choice
Vouchers may serve pursuant to 24 CFR 982.161 and Section 18
of the Annual Contributions Contract.
5. "Cross -Representation:
a. "One (1) member must be appointed by the commission, with
city council approval, to serve on the community development
advisory commission.
b."One (1) member must be appointed by the commission, with
city council concurrence, to serve on the long range planning
advisory commission.
Section 2. Section 2-5B-13 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
2-5B-13: POWERS:
The commission has the following powers, duties, and
responsibilities:
A. "To contribute as appropriate in the planning,
coordinating, and review of housing development;
B. "To conduct public hearings to ensure meaningful citizen
input in the planning, implementation, and assessment of the
city's housing programs;
C. "To provide for and encourage the participation of low and
moderate income persons in the planning, implementation, and
assessment of housing programs;
D. "To provide input into the community planning process and
to assist in accomplishing a coordinated and consistent
housing development program of the city in accordance with
present and future housing needs;
E. "To request and review ongoing surveys assessing housing
needs and identifying future community housing needs,
particularly the needs of persons of low and moderate income;
F. "To support the efforts of the city council and other city
commissions in the assessment of the general housing needs of
the community;
G. "To undertake from time to time other specific ongoing
housing planning which may be referred to it by the city
council;
H. "To research and recommend to the city council policies
and programs facilitating the development of affordable
housing;
I. "To undertake public information efforts to educate
citizens of the availability of federal, state, and locally
funded housing assistance programs;
J. "To assist in the preparation of the housing element of
the city comprehensive plan and the annual consolidated plan;
and
K. "Undertake such additional duties, upon the request of the
City Council.
Section 3. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 4th day of December,
2023.
/s/Katy A. Wethal, Mayor Pro Tem
Attest: /s/Adrienne N. Breitfelder,
City Clerk
Published officially in the Telegraph Herald newspaper on
the 8th day of December, 2023.
/s/Adrienme N. Breitfelder,
CMC, City Clerk
It 12/8