TESTIMONY BEFORE NEW JERSEY LEGISLATURE
ASSEMBLY HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE
Trenton, NJ
March 16, 2015
Lavea
Brachman, Executive Director, Greater Ohio Policy Center, Columbus, OH
Chair
Green, Vice Chair Jasey, and members of the Housing and Community Development
Committee.
Introduction
My
name is Lavea Brachman, and I am the Executive Director of the Greater Ohio
Policy Center, a nonpartisan nonprofit organization located in Columbus, Ohio
that operates statewide and champions revitalization and sustainable growth to
create economically competitive cities and communities. I am pleased to be here in Trenton today to
offer testimony on the status of land banks in Ohio to help inform this body and
the governor’s consideration of proposed land bank legislation for New
Jersey. I am here at the invitation of
the Housing and Community Development Network of New Jersey.
Similar to New Jersey, Ohio’s cities have been hit hard by
urban blight and decline, experiencing some of the highest foreclosure and
vacancy rates in the country. At its height in 2009, Ohio’s foreclosure filings was almost 90,000 per
year, and the vacancy rates have climbed to devastating levels of over 15% in
such cities as, Cleveland, Youngstown and Cincinnati, and over 20% in Dayton
and many other cities and towns around the state. These
vacancies have also cost municipalities exponential amounts in collateral
damage, represented in the form of public safety hazards and decreased property
values.
In 2008, in response to this unparalleled foreclosure and
vacant and abandoned property crisis, the Ohio General Assembly, with
bipartisan support, passed legislation creating Ohio’s first county land bank, piloted
in Cuyahoga County (where Cleveland is located). In 2010, GOPC and a coalition of partners
from around the state successfully advocated for passage of legislation that
extended land bank authority to an additional 42 out of Ohio’s 88 counties (based
on a population threshold), permitting these specified counties to create a hybrid
organization that combines the private sector efficiency of a non-profit
corporation with the public purposes, powers and funding of a governmental
organization.
Basic Ohio Land Bank Mission, Powers, Composition and
Funding
These Ohio land banks were created to:
1.
facilitate reutilization of vacant, abandoned,
tax‐foreclosed real property;
2.
hold
and manage these types of properties to leverage their reutilization;
3.
clear
the title of property and coordinate property assembly; and
4.
promote
economic and housing development in the county or region.
In
order to achieve these goals, Ohio’s county land banks have a number of
unusual, critical powers, including the ability to:
·
take title to a
property more than two years delinquent on property taxes, local government
fines or fees, or has serious and chronic unabated code violations;
·
extinguish all private mortgages, liens, and state
and local taxes/fees, in order to “clear” the property’s title for future use;
·
prevent a foreclosed property from going to
sheriff sale and thus help to interfere with purchase by an unscrupulous real estate
speculator; and
·
address blight mitigation, including
demolition, property stabilization, and property rehabilitation, in order to
revitalize neighborhoods and communities.
Additionally,
Ohio land banks are governed by a board of directors that comprise at least 5
“community stewards,” which includes both public and private sector
representatives (that is, county commissioners, the county treasurer,
representatives from a township and the county’s largest city, and a private
real estate developer) to ensure land banks perform appropriate functions and
do not overextend their powers or undertake extensive property ownership where
it is unwarranted.
Perhaps most importantly, the Ohio statute names a
source of operational funding that counties could chose to provide to land
bank: 5% of the biannual delinquent property tax receipts, more commonly known
as “DTAC” (Delinquent
Tax and Assessment Collection). Ohio is
the only state that statutorily provides a consistent funding source for county
land banks.
Lessons Learned and Successes
In the five plus years of operations, as more land
banks have come on-line, Ohio’s land banks have learned some important lessons
and experienced significant success. Let
me give you a quick sense of some of those lessons and successes, large and
small.
·
First, since the statute does not dictate how county land banks should programmatically operate, leaving
it up to the local boards, county land banks have the flexibility to form in
ways that are responsive to local needs. They are all tailored to their local
circumstances, so that each of the 22 currently existing county land banks is
somewhat unique in terms of operations and programming. However, there are similarities in terms of
structure and activity that have demonstrated successful outcomes.
·
Second, piloting
one land bank first, in Cuyahoga County, was very effective in demonstrating
its operations and use for legislators.
·
Third, in
addition to property-by-property blight elimination, land banks in Ohio are achieving
the broader goals of: 1) stabilizing and strengthening markets—particularly
residential neighborhoods—to prevent further decline, and 2) clearing a path
for private sector re-engagement by lowering barriers through incentives,
support, and resources. For instance, Franklin County land bank
combined demolition of parts of a dilapidated apartment complex in Columbus, allowing
for reinvestment and renovation of the remaining apartments and
townhouses. The complex is now under new
ownership and features a new public park. This “targeted area” strategy involves a more
holistic approach to neighborhood revitalization, particularly where some market still actively
remains, to coordinate and concentrate interventions and resources to stabilize
and revive a functional market.
·
Fourth, Ohio land
banks have become vehicles for use by state agencies (such as the Ohio Attorney
General’s office and the Ohio Housing Finance Agency) to funnel much-needed
demolition funding. Ohio had estimated
100,000 blighted properties in 2010; close to 20,000 have been torn down by
2015. These lots are now the sites of brand new real estate developments
through parcel assemblage, new sideyards for neighbors, community gardens, and
parks. This blight removal activity has resulted in collateral improvements, including crime reduction,
improving property and neighborhood values, residential redevelopment, and
green space creation.
·
Fifth, land banks
are versatile. They can operate as the
“lead entity” in projects, driving stabilization and revitalization efforts, but
they also act as excellent partners and work closely with other local entities
that share similar goals of neighborhood stabilization and/or market
re-invigoration. For instance, a
Mahoning County (Youngstown) land bank took over a blighted property on an
otherwise well-kept street and sold it to Habitat for Humanity which built an
ADA-accessible house for a retired Marine staff sergeant and his family.
·
Sixth, land banks have helped to save money by eliminating
properties that received disproportionate number of emergency services calls,
e.g. police calls to abandoned houses used as drug dens, properties targeted
for arson, properties that attract wildlife and vermin.
·
Seventh, land bank operations are helping to stabilize existing
buildings, which prevents future extraordinary costs. For
instance, Hamilton County (Cincinnati) has the “High-Impact Property Program”
that improves commercial buildings to a level that attracts private sector,
saving one of the oldest skyscrapers in Cincinnati and a historic theater this
way by doing the roof repairs and title clearing needed by the private
sector.
·
Finally, their work has prevented bank walkaways and performed
property assembly to aggregate properties to improve their reuse potential. For instance, the Lucas County (Toledo) land
bank gained site control of a multiple, adjacent commercial properties
(an old strip mall with a former grocery store, a Kroger, and multiple smaller
units) with complicated title history with mortgage foreclosure, several major
lien holders and an high delinquent tax bill, and worked with receiver to find
a purchaser who is restoring the property with new commercial users that are
already generating tax revenues.
Conclusion
Ohio land banks are a
welcome example of a state policy implemented with appropriate local control
intervening effectively to jumpstart local market operations.
While Ohio communities have a long way to go to return to economic and
physical health -- and while there is room for land banks to maximize further
use of their tools to help individuals thrive and achieve community
revitalization -- many cities and counties are actively leveraging their land
banks’ capabilities demonstrating that well-intentioned state policy
interventions in combination with local capacity and oversight can work in
tandem with market operations. They are
working so well that a recent proposal floated by the county treasurers’
association to expand land banks to the rest of the counties in the state.
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