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									Development Seminar Series
               Workshop 3:
             Project Design
                          Monte Franke
              Franke Consulting Group
      under contract to NY DHCR/HTFC
Overview of the Seminar Series
    6 workshops:
             Introduction to Development – May
             Project Selection – May

             Project Design

             Project Finance – July (split: Homebuyer & Rental)

             Project Implementation – September

             Ongoing Management & Org Survival - October




June 2010                    DHCR/HTFC Development Seminar Series   2
Materials
    Reference manual
             Supplemental discussions of institute topics
             For review outside of class

    Each seminar, add:
             Overheads for note-taking
             Tools for project planning

             Will be putting overheads and tools online as well




June 2010                    DHCR/HTFC Development Seminar Series   3
Seminar 3 Topics
 Affordable housing design principles for developers
 Managing the architect & design process
 Property standards
 Accessibility
 Lead-based paint




June 2010         DHCR/HTFC Development Seminar Series   4
Design Principles for
        Developers
Importance of Affordable Hsg Design
    Design must support the marketing of the property
             Responsive to the needs/wants of the target audience
             “Design for a market, don’t market a design.”

 Design must be cost effective
 Design must lead to a sustainable project over time
 We need to do a better job than the market…
  exceeding expectations with less funding



June 2010                   DHCR/HTFC Development Seminar Series     6
What is Good Design?
 Appropriate for the context & site
 Meets the needs of the user(s)
 Good cost-effective materials (not just cost, but life-
  cycle cost)
 Good for the environment
 Financially sustainable




June 2010           DHCR/HTFC Development Seminar Series    7
Appropriate for the Context & Site
 Re-knits or draws the neighborhood together rather
  than creates a scar that divides
 Doesn’t feel like a project
 Uses structure type, scale and materials that are
  typical of neighborhood
 Relates car-to-house and house-to-street consistent
  with neighborhood
 Provides variety consistent with the neighborhood


June 2010         DHCR/HTFC Development Seminar Series   8
Meets User Needs/Demand
    Understanding needs/demand:
             Size of project
             Size/mix of units

             Target prices/rents

             Unit finishes/amenities

             Project amenities & services

    All these are elements of design




June 2010                    DHCR/HTFC Development Seminar Series   9
Elements of Cost-Effective Design
 Building shape
 Solar orientation
 Insulation/thermal
 Materials
 Shading
 Reflectivity
 Ventilation



June 2010         DHCR/HTFC Development Seminar Series   10
Cost Effective Design, cont.
 Fenestration (window placement)
 Mechanical
                 systems
        Efficient

        Stacked utilities

    Unit layouts
        Size  (sf) & shape
        Ceiling height in public areas

        Hallways, wasted space

    Outdoor living spaces: inexpensive space
June 2010                DHCR/HTFC Development Seminar Series   11
Sustainable Design
 New urbanism & sustainable infrastructure
 Local, low impact, renewable, recyclable materials
 Quality & durability
 Energy efficiency
 Healthy buildings


    Assume 5+% added cost (really 1.5 – 12%)


June 2010           DHCR/HTFC Development Seminar Series   12
High Performance Building Design
 Design and build a better building envelope
 Build tight, ventilate right
 Size the HVAC to the building load
 Reduce avenues for water penetration
 Specify high efficiency HVAC, appliances, lighting
 Specify materials with fewer pollutants
 Reduce water usage in buildings
 No unproven technologies, gadgets, or high costs

June 2010          DHCR/HTFC Development Seminar Series   13
Building Green
    SBIC (Sustainable Buildings Industry Council) guidelines
               Accessibility
               Aesthetics
               Cost considerations
               Functionality
               safety and security
               Occupant health/productivity
               Historic preservation
               Environmental performance




June 2010                        DHCR/HTFC Development Seminar Series   14
What About Experimental Design?
 Untested technologies: can you afford to be wrong?
 Modern design: ramming a different architectural
  esthetic down their throats?
 Energy efficiency: if it makes sense economically
  and functionally, people will gravitate to it
 Should you experiment with low-income lives?
 Design should go back to fundamentals, not
  experimentation with cosmetics

June 2010         DHCR/HTFC Development Seminar Series   15
Financial Sustainability: Beyond Green
    Focus on quality construction
        Systems    & structure have reasonable useful life
        Quality, durable materials (especially high use)

        Finishes stand up to reasonable wear and tear

        Energy efficiency & low operating cost

        Exterior finishes/landscaping create curb appeal




June 2010                DHCR/HTFC Development Seminar Series   16
Summary: Aff Housing Design Principles
 Infuse the design with market understanding
 Affordable housing needs to fit in / respect its
  surroundings
 Good design is cost effective – both in development
  cost and long-term operating cost
 We can respect the environment and build healthy
  housing without blowing the budget



June 2010         DHCR/HTFC Development Seminar Series   17
 Managing the
Design Process
Importance of the Architect
    Critical member of development team. Affects:
        Marketability
           Design & amenities to capture your target market

        Schedule
           Timely performance helps you stay on schedule

        Cost
           Careful design helps control costs and minimize change orders

        Viability
           Quality design/specifications affect long-term maint cost & viability


    Choose the architect for the team early, carefully
        Architects      are hungry…for now
June 2010                       DHCR/HTFC Development Seminar Series                19
When Do You Need An Architect?
    Earlier than you think:
        When selecting a site
        When you are “thinking” about a project

    Advice is inexpensive…compared to design
     “solutions”




June 2010                DHCR/HTFC Development Seminar Series   20
Choosing an Architect
 Price is only one factor
 Experience: have they done this before?
             With similar project type & structure (unique aspects)
             With the local community (incl. zoning/review process)

             With your type of organization (e.g., nonprofit)

 Compatibility – shared design & business values
 Availability – to meet your project schedule
 The architect’s team – engineers, consultants
               Primary staff assigned;

June 2010                      DHCR/HTFC Development Seminar Series    21
Check References
 Resumes are not enough; check references
 Was design appropriate? Met budgetary/design
  goals?
 Was the architect timely, responsive, supportive?
 Did the architect help keep the project on budget?
               Volume of change orders; oversight of GC
 Has their work stood the test of time?
 Would the reference use the architect again?


June 2010                     DHCR/HTFC Development Seminar Series   22
Inspect Their Work
    Visit previous projects:
        Quality of design & materials (considering budget)
        Integration into the community (compatibility)

        How it has held up? (design v. management)




June 2010                DHCR/HTFC Development Seminar Series   23
Negotiations & Contract
    Services required:
             Interaction with client (board?)
             Extent of community involvement/meetings

             Hiring/supervising engineer & other consultants

             Role in contractor selection

             Supervision of construction: when construction contract is
              signed, the architects goes from being the developer’s person
              to an independent judge; pass instructions thru architect
 Schedule, fees & payment
 Use of AIA standard contract forms

June 2010                    DHCR/HTFC Development Seminar Series         24
Architect’s Services
    Standard phases of an architect’s contract:
             Schematic design (conceptual) – 15%
             Design development – 20%

             Construction documents (plans & specs) – 40%

             Bidding & negotiation – 5%

             Construction & construction supervision – 20%

    Additional services
             Pre-design services: surveys & analyses
             Client & community meetings/presentations

             Change orders

             Additional construction supervision services
June 2010                    DHCR/HTFC Development Seminar Series   25
What the Architect Needs from You
 Honest, clear communication
 Clear budget & contingency guidance
 Identify must-haves, alternates, negotiables
 Regular, timely review and feedback
 “Phase – appropriate” information
 Meetings with dev team & key stakeholders
 Timely payment



June 2010          DHCR/HTFC Development Seminar Series   26
Property & Design
        Standards
Property Standards
    Collectively, set of codes, standards and regulatory
     requirements that define standards for improvement
     and maintenance of assisted housing, including:
             Building and Rehabilitation Codes
             Rehabilitation Standards

             Housing Codes or Standard




June 2010                   DHCR/HTFC Development Seminar Series   28
Purpose of Property Standards
 To ensure decent housing & a standard level of
  habitability in assisted housing units
 Guide the scope of rehabilitation and construction
 Ensure quality work
 Ensure the program conforms to Federal
  regulations over term of affordability period




June 2010          DHCR/HTFC Development Seminar Series   29
Building Codes
    Used to evaluate:
             New construction
             Significant changes to existing structures

    Designed for specific trades and systems
               Structure, plumbing, electric, HVAC, fire & safety
    Model codes developed by trade organizations
               Adopted locally with modifications




June 2010                      DHCR/HTFC Development Seminar Series   30
Rehabilitation Codes
    Building codes specifically designed to guide
     repairs, remodeling and rehabilitation
        Often  developed with input of program staff and local
         inspectors
        Provide detail on applicability of building codes to
         existing properties and may provide special instructions
         for repairs to existing work
        May only apply to work being not, not to determine what
         work should be done


June 2010                DHCR/HTFC Development Seminar Series   31
Rehabilitation Standards
 Set standards for rehabilitation work
 Specify “end product” functionality and performance
 Define quality and workmanship
 Developed locally
 Required by HOME Program




June 2010         DHCR/HTFC Development Seminar Series   32
Ongoing Property Standards
    Standard for ongoing maintenance and inspection
     of rental housing:
               HOME uses Section 8 HQS; LIHTC uses UPCS
    Property standards apply throughout affordability
     period




June 2010                   DHCR/HTFC Development Seminar Series   33
DHCR/HTFC Design Standards
    Design Handbook
        Submission requirements
        Design standards &
         specifications
        Contracting requirements

    http://www.nysdhcr.gov/Publica
     tions/DesignHandbook/




June 2010                 DHCR/HTFC Development Seminar Series   34
HTFC Green Building Standards
    http://www.nysdhcr.gov/Funding/Unifi
     edFundingMaterials/2009/GreenBldg
     CriteriaReferenceManual.pdf
    Threshold standards
           Energy star, landscaping, water
            conservation, lighting, radon, LBP
    Criteria
           Integrated design, nghd fabric
           Site environmental impacts
           Healthy living environment
           Operations/maintenance
June 2010                     DHCR/HTFC Development Seminar Series   35
HTFC Application – Common Design Flaws
 Site: size, compatibility, conditions
 Design: unit sizes, elevators, other major deviations
 Codes & regulations: sprinklers, egress, LBP,
  accessibility
 Cost: estimates off, undocumented, Davis-Bacon
 Approvals lacking
 Needs assessment incomplete



June 2010          DHCR/HTFC Development Seminar Series   36
Accessibility
Accessibility Statutes
    Rehabilitation Act (1973) Section 504
               No “qualified individual with disabilities” excluded from or
                denied participation in federally assisted program/activity
    Fair Housing Amendments Act (1988)
             (Amended Civil Rights Act of 1968)
             Disability is prohibited basis of discrimination

             Accessibility standards for new projects

    Americans with Disabilities Act (1998)
               Title II: equal opportunity to benefit from State/local programs
                (not just Federal)

June 2010                       DHCR/HTFC Development Seminar Series           38
References
 Section 504: 24 CFR Part 8
 Fair Housing: 24 CFR 100.200+
 HOME: 92.251
             CPD-00-9 (12/26/00)
        Notice

        HOMEfires Vol 1, No 5 (2/2/98)

 Uniform Fed Accessibility Standards (UFAS)
 www.hud.gov/offices/cpd/affordablehousing/lawsan
  dregs/fedreq/index.cfm

June 2010               DHCR/HTFC Development Seminar Series   39
Fair Housing Act Standards
    New construction rental 4+ units; for-sale 5+ units
              & common use areas
        Public
        Passageways
        Ground floor & elevator accessible units (4+ units)
              Accessible route
              Accessible switches

              Grab bar reinforcements

              Maneuverable kitchens/baths

        Rules/policies:  reasonable accommodations; allow
            reasonable modifications

June 2010                   DHCR/HTFC Development Seminar Series   40
Section 504 Unit Requirements
 New construction: multi-family rental 5+ units
 Substantial Rehabilitation:
        15+ units &
        > 75% of replacement cost

    Requirements
        5% physically impaired
        2% sensory impaired




June 2010               DHCR/HTFC Development Seminar Series   41
Section 504, cont.
 Other rehab: “to the maximum extent feasible”
 Homeownership: reasonable accommodations/
  reasonable modifications




June 2010         DHCR/HTFC Development Seminar Series   42
Other 504 Standards
    Program Accessibility
             Non-discrimination
             Outreach for acc units

             Waiting list/priority for acc units

             Reasonable accommodation

             Information dissemination

             Offices/activity locations accessible

    Visitability – to maximum extent feasible
             1 accessible route
             Interior doors 32”+


June 2010                     DHCR/HTFC Development Seminar Series   43
Reasonable Accommodations &
Modifications
Reasonable accommodations                          Reasonable modifications
 Change/exception to rules,                        Structural modifications to
  policies, practices, &                             property for PWDs
  services for PWDs
                                                    Changes at occupant’s
           Assigned parking
           Pets                                     expense
    Does not apply to owner-                                Unless owner should have
                                                              provided
     occupied < 5 units
    Not fundamental alteration                        Must be removable after
    Not undue cost/admin                               occupancy
     burden
June 2010                      DHCR/HTFC Development Seminar Series                      44
Inquiring Into Disabilities
    Can’t inquire into disabilities,
     unless:
             Occupancy of designated accessible
              unit or
             Evaluate need for reasonable
              accommodation or modification
 Only what is needed for evaluation
 http://www.hud.gov/offices/cpd/affo
  rdablehousing/library/modelguides/
  200510.cfm
June 2010                   DHCR/HTFC Development Seminar Series   45
Lead-based Paint
When Does Part 35 Apply?
      Pre 1978 residential structures
      When Federal assistance or disposition
               Exemptions
               Some applications to State programs
      When LBP Hazards are present
               De Minimus level
      Whether or not children are present
               May be specific requirements if children under 6 or children with EIBLL
                present




June 2010                      DHCR/HTFC Development Seminar Series                   47
Exemptions: 24 CFR 35.115
    Post-1977 housing                                Unoccupied for demo
    Zero-bedroom units                               Nonresidential part of
    Housing exclusively for                           property
     elderly/disabled                                 Rehab/maint. not disturb
           unless child under 6
                                                       paint surfaces
    Certified LBP free
                                                      Emergency action
    LBP removed
                                                      Under 100 days occ.




June 2010                     DHCR/HTFC Development Seminar Series                48
Partial Waivers
 SHPO request to not use abatement methods
 Elderly relocation
 Exterior work – no abatement
 De minimus exception to Safe Work Practices
 No children – no chewable or play area treatments




June 2010         DHCR/HTFC Development Seminar Series   49
Applicability to Key Federal Programs
            Program                  LBP Rules Apply to:

            HOME                     Acq, Rehab, OM (rental)

            CDBG                     Acq, Rehab

            McKinney Act             Acq, Rehab

            Section 8                Project & Tenant-based

            Tax Credits              OM*



June 2010                  DHCR/HTFC Development Seminar Series   50
7 Steps to Lead Safety & Compliance

                                                                             7
                                                                         Maintenance

                                                                   6
                                                           Recordkeeping

                                                      5
                                                  Clearances

                                           4
                                   Work Practices

                               3
                            Disclosure

                 Evaluation
                        2
        Applicability
             1

June 2010                         DHCR/HTFC Development Seminar Series                 51
EPA Renovation Final Rule
    Published 4/22/08; effective 4/22/10
               Enforcement of firm cert 10/1/10; renovators enrolled in
                training by 9/30/10, completed by 12/31/10
    Target housing – pre-1978, except:
              elderly/disabled (no child under 6)
             O BRs

             certified LBP free

             owner-occupied: no child < 6 or pregnant

    Renovation – modification of structure/portion that
     disturbs LBP, unless abatement
             Doesn’t include minor repair or maintenance
             Safe work practices & visual “verification”
June 2010                      DHCR/HTFC Development Seminar Series        52
Training/Certification
       Certified renovation firms
               Certify use of renovators & trained workers & compliance
       Renovators – individual overseeing work
             May do OJT for workers
             Must do post-cleaning review

 Dust Sampling Technicians
 EPA accredited trainers
               Hands-on component




08/08                              Franke Consulting Group                 53
                                   Franke Consulting Group




Disclosure & Recordkeeping
       Disclosure
         Pamphlet to owners &
          occupants
         “Renovate Right”

       Records: 3 yrs after
        completion of renovation




08/08                                                        54
HUD Lead Information Resources
    HUD OHHLHC Web site: www.hud.gov/lead/
               Interpretive Guidance; training; disclosure docs
    Comm Connections:www.comcon.org
               A Field Guide for Painting, Home Maint & Ren.
 EPA: www.epa.gov/lead
 Nat Ctr for Healthy Housing:
  www.centerforhealthyhousing.org
             Model documents (rehab stds & specifications)
             Online guide: www.centerforhealthyhousing.org/1012/



June 2010                      DHCR/HTFC Development Seminar Series   55
Applying Fed Stds to State Programs
Main Street                                 Access to Home
 Apply Federal rule to                      Apply Federal rule for
  unit rehab > $5,000,                        rehab below $5,000
  except:                                           No risk assessment
         No abatement; interim                     Safe work practices &
          controls acceptable                        worksite clearance for
         No soil testing required                   work being done



08/08                         Franke Consulting Group                         56
DHCR LBP Guidance
    HOME Monitoring Guide for LPAs
             http://www.nysdhcr.gov/ocd/pubs/homemg.htm
             Section 17 (handout)

             Monitoring: Part IV Q 5; Part V Q 7 (inspection)




June 2010                    DHCR/HTFC Development Seminar Series   57
In Search of A (Lead) Safe Harbor...
1.     Remember the 7 Steps to LBP Safety
2.     Do risk assessments of over $5,000 rehab
3.     Be sure to give notices to all participants; get signed
       receipt
4.     Require/promote safe work practices always
5.     Get clearance promptly
6.     Keep records of all activities/notices/clearances
7.     Train, train, train


June 2010                 DHCR/HTFC Development Seminar Series   58
Wrap Up & Evaluation
 Final questions?
 Evaluation
 MLFranke@aol.com
 Seminar 4: Project Finance (homebuyer & rental)
             Albany: 7/14 – 7/15
             Buffalo: 7/21 – 7/22

             Syracuse: 7/28 – 7/29

             New York City: 8/3 – 8/4




June 2010                   DHCR/HTFC Development Seminar Series   60
June 2010   DHCR/HTFC Development Seminar Series   61

								
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