City of Austin MH Ordinance Update
Manufactured housing continues to capture the attention of several of the city council members in Austin. The council recently denied a re-zoning request that would have allowed for the development of a new MH community, even after the prospective developer offered relocation space to soon-to-be displaced residents from a 55-space community that is closing to be redeveloped into multi-family reconstruction.
TMHA participated on October 19, at a stakeholders meeting to discuss the coming rule writing to implement the recently passed Austin Tenant Relocation Program. The tenant notice and eventual relocation funding was passed by the city after tenant advocates pushed for the program with the goal of mimicking other such programs from cities like Seattle and San Jose. TMHA along with both commercial and multi-family owners and developers, brought up numerous objections and concerns during the ordinance debate process, but it became clear that the majority of the city council body favored the wants of tenant and low income advocates.
Specifically, the new ordinance requires a 270-day notice for any MH community (the city calls them “parks”) that is closing for re-development. The displaced tenants will then receive money to relocate. The money will be generated, as it is currently contemplated, by fees to the developer. The city is in the process of selecting a consultant to conduct a “Nexus Study” that will ultimately set the per unit relocation price. Requests from tenant and low income advocates as it relates to displaced MH residents are in the ranges of $5,000-$10,000 per unit. The coming rules will provide the details and other logistics of complying with the new program such as proper notice process, payments, reimbursements, and other details.
On Thursday, October 20, the city council met and approved two resolutions though their consent agenda related to MH. The first was a resolution directing the city manager to explore various funding options at the national, state, and local levels, including general obligation bond funds, which may be used to repair “mobile homes” located within the City of Austin.
The second resolution passed directed the city manager to draft an ordinance that would require new “mobile home parks” to include a playground and at least one other type of recreation facility or area; require new mobile home parks to provide community open space that can be used for community gardens or other open space activities; require all existing mobile home park owners or licensees to provide areas where park residents can grow fruit and vegetables; and limit the ability of a mobile home park owner or licensee to charge a fee for residents to use the playground, recreation facility or area.
TMHA expects both issues will be presented in new ordinance form in the coming months. If anyone is interested in politically handicapping whether these new ordinances might ultimately pass, it is worth noting both had a total of five council members as sponsors and co-sponsors of the resolutions. There are ten council member and the mayor, so passage is dependent on at least six votes.