The model included in the Innovative Land Use Planning Techniques Handbook under Inclusionary Housing makes reference to a long-term affordability model created by New Hampshire Housing. This is a good option for municipalities. As referenced in the DES handbook entry, prior to the creation of NH Housing’s model, the Workforce Housing Coalition of the Greater Seacoast created a model covenant (i.e. deed restriction). As it is not listed in the handbook, here is a direct link to this document: http://www.seacoastwhc.org/AffordableHousingCovenant.pdf
A few important notes about our model covenant:
While we drew upon the experience of housing professionals in New Hampshire, Massachusetts and Maine, we advise against "copying" the document without first speaking to legal counsel who can help you adapt the document to your particular needs.
You will notice that certain points in the document are italicized or given footnotes. These are issues and options that should be given special attention and modified as needed.
In this sample The Housing Partnership is named as the administrative entity responsible for enforcing the covenant. (NOTE: To date, this is not a service they have been asked to perform. MB Management has administered long term affordability covenants in NH. Kate Franco can be contacted for more information – (781) 356-2719 , ext. 127.) In some cases, a town or city has served as the administrative entity. We leave to the decision up to you who should take on this role, though we recommend an entity compelled by mission to preserve long-term affordability.
We hope you will find this document helpful in your quest to create and preserve affordable/workforce housing in your community.
Feel free to contact me with any questions.
Lisa Fisher Henderson, Director
Workforce Housing Coalition of the Greater Seacoast