by SC Reporter Emilie Alfino
The grant Lee County awarded to CHR’s Riverview II project has raised questions about Sanibel’s affordable housing program. The grant is subject to related nondiscrimination requirements, and Lee County has expressed reservations about the City’s affordable housing regulations.
After City Council approved the Riverview II Below Market Rate Housing development, Lee County advised the City that certain occupancy requirements could conflict with the federal Fair Housing Act and the Housing and Community Development Act because they may create a “disparate impact” on certain protected classes.
At the City’s request, Lee County sought guidance from the U.S. Department of Housing and Urban Development. HUD declined to issue a formal legal opinion and advised the City to obtain its own legal analysis regarding compliance with federal fair housing laws.
The City retained Klein Hornig LLP, a nationally recognized law firm with extensive experience advising local governments and affordable housing providers on federal fair housing law and HUD-funded housing programs.
Based on Lee County’s feedback, the City now seeks to review whether the workforce occupancy requirements in the Riverview II permitting conditions, the City Code, and CHR’s housing management policies comply with fair housing law and grant program requirements.
City Council tabled this issue in favor of convening a joint workshop with the Planning Commission “to really get into it with the experts and develop language that meets the needs of the community,” said Council member Richard Johnson. “It’s a tough situation we find ourselves in. This is very important. It’s an integral part of our community and deserves the time it needs to make a good decision,” Johnson added.
Council member Holly Smith agreed, saying the matter is not a quick decision and that she has a lot of questions.
City Attorney John Agnew said the issue is expected to go before the Board of County Commissioners in September or October.
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