In the midst of culture wars, Florida lawmakers finally fight a real crisis: the lack of housing | Opinion

In the midst of the culture wars Republican lawmakers are waging on Gov. Ron DeSantis’ behalf, there’s a glimmer of normalcy, of a state Legislature that’s spending at least some of its time addressing real issues, not made-up crises.

Red-meat issues like the push to further ban abortions and expand the so-called “Don’t say gay” law have eclipsed what supporters are calling a “transformative” bill to address Florida’s housing affordability crisis. The legislation, a priority of Senate President Kathleen Passidomo, is sponsored by two GOP Miami-Dade lawmakers: Sen. Alexis Calatayud and Rep. Demi Busatta Cabrera.

The Florida Senate unanimously approved Senate Bill 102 during the first week of the session. The bill has bipartisan support, even though it hasn’t been free from criticism. From tying the hands of local governments to regulate the height of affordable housing buildings, to its ban on rent control, the legislation follows a pattern in the state Capitol of taking local authority away. Little to nothing is done to give tenants more rights, such as by capping rental-security deposits, as some Democrats want.

Yet the magnitude of this measure cannot be overstated.

“This is the single, biggest housing intervention the state has ever done,” Annie Lord, executive director of Miami Homes for All, told the Herald Editorial Board.

If and when SB 102 becomes law, we will learn whether what looks transformative on paper will yield similar results — and as quickly as its sponsors hope. Calatayud told a Senate committee last month her bill is structured to expedite the construction of a new supply of housing that Florida’s households can afford with up to 30% of their gross income. Her goal is on point: Floridians cannot afford — literally — to wait for long-term solutions. Carrying an important piece of legislation is a big feat for Calatayud, first elected to public office last year.

What it does

Calatayud’s 95-page legislation uses a mix of increased funding for the state’s housing programs, expedited permitting, property tax breaks and loans for developers. Here are some of its provisions:

▪ It directs $1.5 billion over the next decade to Florida’s State Apartment Incentive Loan program, which provides low-interest loans for the construction of affordable development.

▪ It codifies into state law the Hometown Hero program, created last year to provide closing-cost help to first-time home buyers who work full time and meet income eligibility criteria.

▪ It allocates $100 million to a loan program to finance affordable-housing development that has not started because of rising construction costs and gives a sales-tax break for construction material.

SB 102 creates a property-tax exemption for new multi-family developments (i.e. apartments) if at least 70 units will be affordable for people earning up to 120% of an area’s median income, or AMI. In Miami, that would be $117,000 for a family of four, which means that for poorer families, affordability might still be out of reach in some cases. Lord said more focus is needed on those earning up to 80% AMI ($78,000 for a family of four).

And the requirement that at least 70 units be affordable leaves out smaller buildings that in Miami-Dade are responsible for providing a good portion of affordable homes.

“Lowering the tax-exemption thresholds to serve smaller developments could make the bills even more effective and help us protect historic communities, like Coconut Grove, Little Havana and Allapattah, by encouraging preservation and rehabilitation of affordable and workforce housing,” Miami-Dade County Mayor Daniella Levine Cava told the Editorial Board in a statement.

County mayor approves

Levine Cava said she’s “grateful for the legislators that are sponsoring the workforce and affordable housing bills” and see its many benefits. But she worries about a provision that would prohibit local officials from imposing density and height limits on developments that provide at least 40% of affordable housing for 30 years, as long as they are in commercial and mixed-use areas. The bill says local government must allow at least three stories or the highest allowed within one mile of the proposed building, whichever is greater. Calatayud said that, despite bypassing some regulations, any new development must still be consistent with a community’s comprehensive plan, which is a blueprint for future development.

The point is to give incentives for the conversion of empty commercial lots into cheaper housing without the red tape that often slows down construction.

While local control is important — and the Legislature has already preempted so much of it in the past few years — Florida’s housing crisis isn’t called a crisis for nothing. If there’s an issue that calls for a compromise, this is it.

Not-in-my-backyard backlash can get in the way of building multifamily buildings that are affordable. Take the fierce opposition from some cities to a county plan to increase the allowed density near mass transit lines last year. It’s understandable that residents don’t want higher buildings in their communities, but Miami-Dade is running out of land for single-family homes. We either build up, and closer, or into the Everglades and our rural areas if we want South Florida to be within the reach of those who aren’t affluent.

In the end, we’d rather have tall, affordable buildings than another luxury high-rise.

Is SB 102 the silver-bullet solution for one of the biggest problems facing Florida? It’s not yet clear, but it’s an overdue effort, the most significant step in recent history to address an existential crisis for South Floridians. It should, at the very least, stop the bleeding.

This story was originally published March 11, 2023 at 4:00 AM.