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| Dear Advocate,
Thank you for your continual dedication to housing for all Oregonians. Housing Land Advocates (HLA) in partnership with the Fair Housing Council of Oregon (FHCO), is excited to bring you a positive step regarding our case against Happy Valley, announced at Housing Oregon, 2024. Additionally, our PAPA project staff and HLA volunteers discovered grave shortcomings in West Linn’s Housing Production Strategy as proposed.
This work furthers HLA’s mission as an advocate for thoughtful land use planning, and as a watchdog to ensure that state and local governments fulfill their obligation under adopted housing policies, goals, and statutes.
Know someone who could benefit from this newsletter? Have them email jdahlqu1@gmail.com with their name, email, and organization to become a subscriber! |
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| Victory for Middle Housing: HLA and FHCO appeal Happy Valley Ordinance as Exclusionary Zoning and Win
HLA and FHCO appealed the city’s ordinance to the Oregon Land Use Board of Appeals (LUBA). In May, LUBA issued a decision remanding the city’s ordinance. |
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| HLA recently went to bat for middle housing—and won. In 2019, the Oregon Legislature passed a law allowing various types of middle housing in single-family zones in larger cities and in most of the Portland area. One of those middle housing types is cottage clusters, which are groupings of smaller, detached homes around a shared courtyard or common area. The smaller size and higher density of cottage clusters can make them more affordable and accessible to a wider range of buyers or renters. Last year, the City of Happy Valley adopted an ordinance prohibiting cottage clusters in many of its older, wealthier neighborhoods, totaling about 30% of its residential properties. To try and justify that decision, the city amended its zoning ordinance to make it easier to build cottage clusters in other parts of the city.
HLA and the Fair Housing Council of Oregon appealed the city’s ordinance to the Oregon Land Use Board of Appeals(LUBA). HLA argued that, while the amendments appeared to make it easier to build cottage clusters in other parts of the city, the city did not explain whether there were in fact enough public facilities and services in those areas to accommodate more cottage clusters. In May, LUBA issued a decision agreeing with HLA and remanding the city’s ordinance.
More importantly, HLA was concerned about state law that does not allow for the type of exclusionary zoning that the city attempted to enact by keeping more affordable types of housing out of its most affluent neighborhoods. For example, duplexes were allowed in this particular neighborhood, but not cottage clusters for no legitimate planning purpose that HLA and FHCO could discern. LUBA did not agree, and HLA went further to appeal the decision to the Oregon Court of Appeals. Meanwhile, HB 2138 passed and clarified any ambiguity in the language of the statute at issue on appeal. Once Governor Kotek signs the bill, cottage cluster housing must be allowed in the city’s residential zone, including the neighborhood at issue here. If the bill is not signed, HLA will continue to pursue a just outcome in the Court of Appeals. |
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| HLA and FHCO send a big THANK YOU to Margaret Vander Go and Saafield Griggs for their pro bono representation! Your dedication to fair housing and all Oregonians is an inspiration. |
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| HLA News: HLA Recommends Remand of West Linn Housing Production Strategy
West Linn’s HPS falls short in addressing cost burdened renters and residents with disabilities through lack of clarity and commitment. City claims to address residents with disabilities, representing 8.4% of the population, through system development charge waivers, and home affordability through tax breaks for homes of up to $948,000. |
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Read the rest of the Newsletter here! July Newsletter – Happy Valley Case Win and Recommended Remand for West Linn HPS |
