TOWN OF HAMBURG

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					  TOWN OF HAMBURG
                   FINAL
2010-2014 FIVE YEAR CONSOLIDATED PLAN
       APRIL 1, 2010 - MARCH 31, 2015




      HAMBURG TOWN SUPERVISOR
           Steven J. Walters

     HAMBURG TOWN COUNCIL MEMBERS:
              Joseph A. Collins
            Jonathan G. Gorman
              Kevin S. Smardz
               Amy J. Ziegler


    DEPARTMENT OF COMMUNITY DEVELOPMENT
             Christopher Hull, Director
                                               Table of Contents

Executive Summary and Performance Evaluation........................................................ H-1
Introduction ................................................................................................................... H-4
   Institutional Structure................................................................................................. H-4
   Section Contents ....................................................................................................... H-5
Housing & Community Development Strategic Plan..................................................... H-7
   Demographic Trends ................................................................................................. H-7
     Race/Ethnicity ......................................................................................................... H-7
     The Elderly .............................................................................................................. H-7
     Income .................................................................................................................... H-8
   Housing Market Conditions ..................................................................................... H-13
     Supply of Housing ................................................................................................. H-13
     Tenure................................................................................................................... H-13
     Year of Construction ............................................................................................. H-13
     Units in Structure................................................................................................... H-14
     Bedroom Size........................................................................................................ H-14
     Housing Sales Activity........................................................................................... H-14
     New Construction.................................................................................................. H-15
     Comprehensive Plan Update ................................................................................ H-15
   Housing Needs ........................................................................................................ H-15
     Renter Households ............................................................................................... H-16
     Owner Households................................................................................................ H-17
   Special Needs Populations...................................................................................... H-24
     Persons with Developmental Disabilities .............................................................. H-27
   Assisted Housing Needs ......................................................................................... H-30
   Lead-Based Paint Needs......................................................................................... H-30
Housing and Community Development Objectives..................................................... H-33
   Priority Housing Needs and Objectives ................................................................... H-33
   Priority Non-Housing Community Development Needs and Objectives .................. H-39
   Other Objectives...................................................................................................... H-40
   Barriers to Affordable Housing ................................................................................ H-41
   Fair Housing ............................................................................................................ H-41
   Affirmative Marketing............................................................................................... H-42
   Anti-Poverty Strategy............................................................................................... H-42
   Monitoring................................................................................................................ H-43
   Performance Measurement Systems ...................................................................... H-44
Consolidated Action Plan ............................................................................................ H-52

Appendices
 Town of Hamburg Anti-Displacement and Relocation Plan
 Town of Hamburg Minority Business Enterprise Participation
 Town of Hamburg Fair Housing Ordinance
 Town of Hamburg Citizen Participation Plan
 Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers (Barriers to
 Affordable Housing Questionnaire)
 SF-424
 Hamburg Certifications
 Draft Town of Hamburg Analysis of Impediments to Fair Housing Study
List of Forms

 Table 1A       Homeless and Special Needs Populations                              EC*
 Table 1B       Special Needs (Non-Homeless) Populations                            EC*
 Table 1C       Summary of Specific Multi-Year Objectives – Homeless and Special
                Needs                                                                EC*
 Table 2A       Priority Housing Needs and Activities                               H-45
 Table 2B       Priority Community Development Needs                                H-48
 Table 2C       Summary of Housing and Community Development Objectives             H-50
 Table 3A       Summary of Housing and Community Development Objectives –
                Action Year 2010                                                    H-54
 Table 3B       Annual Affordable Housing Goals.                                    H-55
 Table 3C       Action Plan Projects Table                                          H-56

* See Erie County document


List of Figures and Maps

 Figure 1H    Population Trends – Town of Hamburg                                       H-9
 Figure 2H    Low and Mod Estimates for FY 2008 by Block Group – Town of Hamburg       H-10
 Figure 3H    Housing Occupancy and Tenure – Town of Hamburg                           H-18
 Figure 4H    Year Structure Built – Town of Hamburg                                   H-18
 Figure 5H    Units Per Structure – Town of Hamburg                                    H-19
 Figure 6H    Units by Bedroom Size – Town of Hamburg                                  H-19
 Figure 7H    Housing Sales Activity in the Town of Hamburg                            H-20
 Figure 8H    Housing Assistance Needs of Low and Moderate Income Renter
              Households – Town of Hamburg                                             H-21
 Figure 9H    Housing Assistance Needs of Low and Moderate Income Owner
              Households – Town of Hamburg                                             H-22
 Figure 10H   Summary Assistance Needs of Low and Moderate Income Households –
              Town of Hamburg                                                          H-23
 Figure 11H   Inventory of Housing for Developmentally Disabled Persons – Town of
              Hamburg                                                                  H-29
 Figure 12H   Assisted Housing Developments – Town of Hamburg                          H-30
 Map A        Town of Hamburg Census Tracts, Block Groups, and HUD Target Areas        H-12
            Executive Summary and Performance Evaluation
Performance Summary 2005-2009

The table below shows the total funds and sources of funds received (including
projected) received by the Hamburg Community Development Department for the
current Consolidated Plan, 2005-2009.        During this period, the Department of
Community Development has maintained a rate of expenditure that is well below the
HUD regulatory limit of no more than 1.5 CDBG grant years of funding on hand. Funds
on hand at the end of 2008 program year were equal to 1.06 grant years, and 1.1 grant
years through the first nine months of 2009.

      Source of Funds           2005         2006       2007       2008       2009         Total
    CDBG Funds                  529,000     505,273     473,313    465,537    467,151    2,440,274
    Prog.Inc. Housing 1/         99,000     105,294     111,785     94,248     85,409     495,736
    Prog.Inc. HDC 2/            113,000     107,204     143,645    116,361    116,750     596,960
    HOME Funds                  147,570     165,302     144,198    143,297    170,401     770,768
    ADDi Program                  6,974        3,480      3,480      1,406           0     15,340
    Stimulus 2009                      0            0          0          0   126,675     126,675
    Total Preliminary           895,544     886,553     876,421    820,849    966,386    4,445,753
    1/ 2005 estimate, 2009 - 8 mo. actual, 4 mo. est.
    2/ 2005 estimate, 2009 - 8 mo. actual, 4 mo. est.

The Community Development Department received funds through its Community
Development Block Grant entitlement allocation, program income from the repayment of
rehabilitation loans, repayment of business loans to the Hamburg Development
Corporation and HOME funds received through the Erie County Home Consortium. The
Town of Hamburg received a total $4.4 million during the current Consolidated Plan.
Over that time period, CDBG entitlement funds declined by about $62,000 or 12 percent.

As a result of a gradual increase in the rehabilitation loan portfolio, income from
rehabilitation loan repayments has increased 75 percent since the 1995-99 time period
to almost $500,000 for the 2005-09 period. Not only has the program helped many
homeowners rehabilitate their properties, but sound underwriting and effective portfolio
management helped to secure a steady flow of repayments with a minimum of defaults.
Approximately 75 low- and moderate-income homeowners received loans to rehabilitate
their properties during 2005-09. About one-half were senior citizens; in addition,
rehabilitation loans were made to 25 mobile home owners. Not only are many mobile
owners low- and moderate-income, but securing financing to repair these aging mobile
homes is often difficult.

The first-time home buyer program remained popular with grants for up to $10,000 to
assist home buyers with closing and downpayment costs. Each prospective homebuyer
is required to enroll in the Community Development Department’s comprehensive
counseling program which is operated by Belmont Shelter Corporation. This has
enabled 125 renters to become homeowners who might otherwise experience significant
difficulty in purchasing a home and counseling services help them to manage and retain

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                               page H-1
homeownership. Although most first-time homebuyers purchase an existing home, the
Community Development Department has been able to provide assistance for a limited
number of new construction homes. The $770,768 in HOME funds shown in the above
table was used to assist first-time homebuyers as well as $15,340 from the American
Dream Initiative funds.

With one-third of households residing in the Village of Hamburg and the Village of
Blasdell and one out of every four households in the Town as a whole being age 65 and
over, services for senior citizens become an increasingly important need. The
Community Development has continued support of the aquatic and fitness center at the
Town Senior Center. In 2007 the CD Department joined with People Inc. who built the
new 50 units at the Elm senior housing development to construct a contiguous 2,000
square foot Technology Center. The Center will be operational beginning in 2010 and
will provide computer access and training.

The program to assist victims of domestic violence was started in 2003 and has been
funded with CDBG as well as Town funds since that time. The Domestic Violence
Advocate has and continues to work closely with the Police Department in assisting
victims of domestic violence.

There is always a need for infrastructure improvements.              During the current
Consolidated Plan, priority was given to the replacement of water lines in target areas in
both Villages. Aging four-inch lines were replaced with eight-inch lines. In addition to
$250,000 per year allocated to infrastructure improvements each year, the Town also
received $126,675 in federal stimulus funds, which were used to replace a waterline in
an eligible target area within the Town.

Program income repayment from business loans approved by the Hamburg
Development Corporation was nearly $600,000 during the current Consolidated Plan. In
2008, a consultant was retained and together with HDC has created a new loan program
application with all new loan documents, including new reporting forms. Additional
technical assistance was provided with regard to rules, regulations and lending policies.

Consolidated Plan Summary 2010-2014

The Department of Community Development will continue to work closely with its
Advisory Committee to keep town representatives informed about activities of the
Department and to seek their input in planning project activities from year to year.

With total income from all sources continuing to remain static while inflation gradually
takes its toll, it becomes increasingly necessary to make more effective use of current
budgets.

The program activities over the next five years will remain very similar to those as
outlined in the performance summary. The Town will continue the first-time home buyer
program and the rehabilitation loan program for homeowners and mobile homeowners.
Comprehensive housing counseling services will be available to all residents of the town
as well as being required for first-time home buyers. Fair housing counselors will have
scheduled availability on a monthly basis at a town location.

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-2
Water line replacement in eligible target areas will be the infrastructure priority over the
next two years in anticipation of the Erie County Water Authority assuming ownership
and maintenance responsibility for these lines in the future. Street improvements are
likely to be the priority during the last two or three years of the Consolidated Plan.

The continuation of support for a Domestic Violence Advocate is an important resource
in addressing and managing this individual household and community social problem.

The Senior Technology Center will become fully operational in 2010 with computers,
computer stations, and funded training instructors. The Center also will have hours
available for individual personal use.

The Hamburg Development Corporation will continue to be operational in making
business loans with program income from loan repayments as well as funding through
the CDBG line of credit funding.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                     page H-3
                                    Introduction
The Town of Hamburg is part of the Erie County HOME Consortium, and since HUD
funds flow through the County for this program, the Town of Hamburg is required to file
its Consolidated Plan as part of the Erie County submission.

Hamburg is a somewhat typical suburban jurisdiction in Erie County; the socio-economic
data and overall needs prepared for the Erie County Consortium application are
generally applicable to the Town of Hamburg. This includes population and housing
statistics, homeless and special population needs data and CHAS data reflecting cost
burden and priority needs.

However, the Town of Hamburg is also a HUD Entitlement Community; it receives
CDBG funds from HUD as a separate allocation independent from the County. Given
this dual status, the Town of Hamburg is submitting this document as a section of the
Erie County Consortium plan. It focuses on the needs and accomplishments of the
Town of Hamburg in more detail as they relate to its housing and community
development goals.

Institutional Structure

The Town’s Community Development Department has primary responsibility for the
administration of the CDBG entitlement grant which the Town of Hamburg receives
annually. The Community Development Department also receives and records loan
repayments from the rehabilitation loan program and forwards those payments weekly to
the Town’s Finance Department. These recycled funds are utilized to make additional
rehabilitation loans. The Community Development Department also maintain liaison with
the Hamburg Development Corporation in the administration of its loan program and
repayment of loan funds.

The Community Development Department will continue maintain a high level of
cooperation and communication with the County of Erie, which is the participating
jurisdiction for Home Investment Partnership program funds for the Erie County HOME
Consortium. The Town of Hamburg’s portion of HOME funds are used primarily to assist
first-time home buyers.

Belmont Shelter Corp. will administer housing counseling services for recipients of first-
time homebuyer assistance under the HOME programs and for households in danger of
mortgage default; at-risk households in danger of becoming homeless; tenant-landlord
disputes and credit budget counseling.

The Community Development Department will work closely with Housing Opportunities
Made Equal for scheduling of on-site fair housing counseling as well as outreach
activities.

The Community Development Department will continue to interact with the Town’s
Senior Center in the delivery of their services and in meeting the needs of the senior
citizens within the Town.


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-4
The Community Development Department will continue to provide CDBG financial
support for the Town’s Office of Domestic Violence.

The Community Development Department also will work to encourage various non-profit
housing agencies to secure funding for Section 202 housing for the elderly, and for tax
credit housing for low-income residents. The town also will continue to seek available
resources through State agencies to meet the goals identified in the Consolidated Plan.

While there will always be limitations on the availability of funding to address housing
needs, the delivery system represented by the foregoing agencies represents a
significant array of resources brought to bear on the housing needs of the Town. No
specific gaps are apparent in this network of agencies.

Section Contents

All statistical data contained in the Housing and Community Development Strategic Plan
for the Erie County HOME Consortium – e.g., information on demographic and economic
trends, market conditions, housing assistance needs, homeless and special needs
populations, assisted housing, etc. – also includes and applies to the Town of Hamburg
unless otherwise noted.

This section is designed to provide supplementary information on the Town of Hamburg
with respect to demographic characteristics, housing market conditions, and housing
assistance needs. It also presents information on assisted and special needs housing
within the Town.

The following required tables are included in the Erie County HOME Consortium
Consolidated Plan and are not provided in this section:

       Table 1A: Homeless and Special Needs Populations. Since most data on
       homeless and special needs populations is available on a countywide basis only,
       the table and supporting narrative address Erie County as a whole. All indicators
       show that the homeless are predominantly located in the City of Buffalo, and
       there are no extraordinary special needs populations relating specifically to
       Hamburg. Homeless and special needs that directly concern Hamburg are
       addressed by the narrative in the Hamburg section.

       Table 1B: Special Needs (Non-Homeless) Populations. Most of the data in
       this table and supporting narrative was provided by social service and housing
       organizations and covers the entire county. The one exception was with respect
       to the developmentally disabled, where needs are identified specifically for the
       Consortium.

       Table 1C: Summary of Specific Homeless/Special Needs Objectives. This
       is a continuation of Tables 1A and 1B and the same rationale applies to this
       table.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                 page H-5
      Table 2A: Priority Housing Needs and Activities. The primary source and
      basis for this table is the HUD-generated CHAS data for the Erie County HOME
      Consortium which includes the Town of Hamburg.

The following tables have been completed separately for the Town of Hamburg and are
included in this section:

      Table 2A: Priority Housing Needs and Activities. Although Hamburg CHAS
      data is encompassed in the total for the Erie County HOME Consortium, CHAS
      data is also available separately for the Town of Hamburg, and is therefore
      presented in Table 2A in this section.

      Table 2B: Priority Community Development Needs.

      Table 2C: Summary of Specific Housing and Community Development
      Objectives. The specific annual objectives required in Table 3A are included in
      the “first action year” column in Table 2C.

      Table 3B: Annual Affordable Housing Goals.

      Table 3C: Action Plan Projects Table. This table lists all the projects to be
      carried out in the Action Plan and relates directly to the Town of Hamburg.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                              page H-6
         Housing & Community Development Strategic Plan
Demographic Trends

The Town of Hamburg is located in mid-western Erie County along the eastern shores of
Lake Erie, directly south of the cities of Lackawanna and Buffalo. Covering an area of
approximately 41.3 square miles, the Town has experienced steady growth in population
over the last several decades, transitioning from a rural to a suburban community. From
1940 to 1980, the Town’s population tripled from 17,190 to 53,270. As shown in Figure
1H, the Town has experienced modest growth since 1980. As of the 2000 Census, the
Town of Hamburg had a population of 56,196, a 4.7 percent increase over the 1990
population of 53,735. These figures include two incorporated villages within the Town:
the Village of Blasdell, located on the northern boundary, with a 2000 population of
2,718, and the Village of Hamburg, located in the southern part of Town, with a 2000
population of 10,107.

Annual estimates of population produced by the U.S. Census Bureau indicate that the
overall population of the Town of Hamburg in 2007 was 55,866, down less than one
percent since 2000. Growth has occurred in the Town outside the Villages, however.
The population of the Village of Blasdell declined 6.3 percent during the 1990s and is
estimated to have declined by an additional 7.7 percent between 2000 and 2007.
Similarly, the Village of Hamburg experienced a 3.1 percent decline in population during
the 1990s and declined by an estimated 6.8 percent between 2000 and 2007.

Race/Ethnicity

The Town of Hamburg has the third largest number of minorities in the Erie County
HOME Consortium. In 2000, the minority population in the Town of Hamburg was 1,163,
or 2.1 percent of the population. This included 277 African American, 217 Asian, and
115 Native American residents; 219 residents were classified as “other” and 335 as
representing two or more races. In addition, 876 residents were identified as Hispanic
(of any race), representing 1.6 percent of the Town’s population.

Based on the 2005-2007 American Community Survey (ACS) 3-Year Estimates, there
are 1,629 minority residents, including individuals with more than one racial background,
in the Town of Hamburg. This suggests that the Town’s minority population has
increased from 2.1 to 2.9 percent. The Town of Hamburg also has 1,051 Hispanic
residents, comprising 1.9 percent of the Town’s population.

The Elderly

Figure 5 in the Erie County Consortium portion of the Consolidated Plan shows the age
distribution of the Town of Hamburg. As of the 2000 Census, 19.2 percent of the Town’s
population was age 60 or above, up from 18.6 percent from 1990. The ACS estimates
that 20.4 percent of Hamburg’s population is age 60 or older. These percentages are
almost the same as for the Erie County HOME Consortium as a whole. The number of
residents age 60 and over in the Town of Hamburg increased from 9,997 in 1990 to
10,774 in 2000, and to an estimated 11,459 in 2007.


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-7
Income

In 1999, the median family income in the Town of Hamburg was $56,974, an increase of
$16,459 over the 1989 figure of $40,515. Generally speaking, income levels in the Town
of Hamburg are higher than in the Erie County HOME Consortium as a whole.
Nevertheless, there are areas of the Town with concentrations of poverty. In 2000, 488
families in Hamburg had incomes that placed them below the federal poverty line. This
represented an increase of 42 percent, or 145 families between 1990 and 2000.

Block group level estimates from HUD for FY 2008 show that low-income residents are
geographically concentrated in certain areas. Figure 2H provides a breakdown at the
census block group level, of low- and moderate-income persons in the Town of
Hamburg.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                               page H-8
                                                      Figure 1H.
                                                   Population Trends
                                                   Town of Hamburg
                                                                                                   % CHANGE
         MUNICIPALITY                   1980          1990         2000       2007 (EST.)   1980-    1990-   2000-
                                                                                            1990      2000   2007
HAMBURG, T.                              53,270        53,735        56,259        55,866      0.9%     4.7%   -0.7%
 HAMBURG, V.                             10,582        10,442        10,116         9,429     -1.3%    -3.1%   -6.8%
 BLASDELL V.                              3,288         2,900         2,718         2,509    -11.8%    -6.3%   -7.7%
 HAMBURG, T. (excl. villages)            39,400        40,393        43,425        43,928      2.5%     7.5%    1.2%
Source: U.S. Bureau of the Census. 2007 estimates from the Population Estimates Program.




        Erie County CDBG Consortium and the Town of Hamburg
        2010-2014 Consolidated Plan and Annual Action Plan
        Town of Hamburg Five-Year Plan and Action Plan                                               page H-9
                                       Figure 2H.
                     Low and Mod Estimates for FY 2008 by Block Group
                                    Town of Hamburg
                            Census     Block                    Low/Mod      Low/Mod
  Place Name/Municipality                          Population                          Low/Mod %
                             Tract     Group                     Income      Universe
HAMBURG, T.                      133           2           20           16          16       100.0
HAMBURG, V., HAMBURG, T.      132.02           3           13           28          34        82.4
HAMBURG, T.                   129.01           4        1,114          646       1,120        57.7
HAMBURG, T.                   130.01           4          727          339         591        57.4
BLASDELL, V., HAMBURG, T.        128           1          973          540         968        55.8
HAMBURG, T.                   130.01           3          615          339         671        50.5
BLASDELL, V., HAMBURG, T.        128           2          713          286         628        45.5
HAMBURG, T.                   130.01           2        1,292          565       1,244        45.4
HAMBURG, V., HAMBURG, T.      132.02           9          134           63         142        44.4
HAMBURG, T.                   132.02           1          508          228         516        44.2
HAMBURG, T.                      134           1          157           58         138        42.0
HAMBURG, V., HAMBURG, T.         133           2          616          267         637        41.9
HAMBURG, T.                   131.01           1        1,887          810       1,967        41.2
HAMBURG, T.                   129.01           2        1,260          491       1,245        39.4
HAMBURG, V., HAMBURG, T.         134           3        1,233          432       1,149        37.6
HAMBURG, V., HAMBURG, T.         134           4          789          318         846        37.6
HAMBURG, V., HAMBURG, T.         133           3          621          220         590        37.3
HAMBURG, T.                   129.01           5        1,488          538       1,450        37.1
HAMBURG, T.                   132.01           2          541          195         530        36.8
BLASDELL, V., HAMBURG, T.        128           9          177           68         186        36.6
HAMBURG, T.                   129.02           9        1,932          569       1,589        35.8
HAMBURG, T.                   131.01           2          540          177         498        35.5
BLASDELL, V., HAMBURG, T.        128           3          855          326         934        34.9
HAMBURG, T.                   132.01           3        1,326          436       1,286        33.9
HAMBURG, T.                   129.01           1          607          197         597        33.0
HAMBURG, T.                   132.01           9        1,083          326       1,012        32.2
HAMBURG, T.                   130.01           1          879          274         880        31.1
HAMBURG, T.                   130.02           1        4,543        1,358       4,392        30.9
HAMBURG, T.                   130.02           2          947          278         917        30.3
HAMBURG, T.                   132.02           3        1,689          429       1,517        28.3
HAMBURG, T.                   131.01           4          979          260         940        27.7
HAMBURG, T.                   132.01           1        1,743          486       1,759        27.6
HAMBURG, T.                      134           5           74           29         105        27.6
HAMBURG, V., HAMBURG, T.         133           1        1,504          387       1,501        25.8
HAMBURG, T.                   131.01           3          928          228         884        25.8
HAMBURG, T.                   131.01           5          652          161         634        25.4
HAMBURG, V., HAMBURG, T.         134           5        2,716          648       2,701        24.0
HAMBURG, T.                   132.02           9        2,021          481       2,050        23.5
HAMBURG, V., HAMBURG, T.         133           4          895          205         888        23.1
HAMBURG, T.                   129.02           1        1,210          285       1,233        23.1
HAMBURG, T.                      134           4          178           37         160        23.1
HAMBURG, T.                   129.01           3        2,803          638       2,790        22.9
HAMBURG, T.                      133           1          159           40         183        21.9
HAMBURG, T.                   131.02           3          727          151         731        20.7
HAMBURG, T.                   132.01           9        1,189          264       1,310        20.2




    Erie County CDBG Consortium and the Town of Hamburg
    2010-2014 Consolidated Plan and Annual Action Plan
    Town of Hamburg Five-Year Plan and Action Plan                                   page H-10
                                      Figure 2H (continued).
                         Low and Mod Estimates for FY 2008 by Block Group
                                        Town of Hamburg
                                   Census       Block                      Low/Mod      Low/Mod
   Place Name/Municipality                                    Population                          Low/Mod %
                                    Tract       Group                       Income      Universe
HAMBURG, T.                          131.02               1          997          185         964        19.2
HAMBURG, T.                          131.02               2        2,050          388       2,019        19.2
HAMBURG, T.                          131.02               4        1,420          257       1,405        18.3
HAMBURG, V., HAMBURG, T.                134               2          920          152         872        17.4
HAMBURG, T.                          131.02               9        1,331          242       1,402        17.3
HAMBURG, T.                          131.01               9        1,350          204       1,412        14.4
HAMBURG, V., HAMBURG, T.                134               1          628           71         621        11.4
HAMBURG, T.                          131.02               9          346            7         297         2.4
TOWN OF HAMBURG                                                   55,866      55,229      16,623         30.1
Source: U.S. Department of Housing & Urban Development:
http://www.hud.gov/offices/cpd/systems/census/ny/index.cfm#lowmod




        Erie County CDBG Consortium and the Town of Hamburg
        2010-2014 Consolidated Plan and Annual Action Plan
        Town of Hamburg Five-Year Plan and Action Plan                                        page H-11
                     Map A: Town of Hamburg Census Tracts, Block Groups, and HUD Target Areas




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                                  page H-12
Housing Market Conditions

Supply of Housing

The 2000 Census indicates that there were 22,830 housing units in the Town of
Hamburg. The 2005-2007 3-Year Estimates from the American Community Survey
(ACS) indicate an increase of more than 1,100 housing units in the Town, to 23,936,
since 2000.

Tenure

As shown in Figure 3H, about three out of four of the nearly 22,000 occupied housing
units in the Town of Hamburg as a whole are owner-occupied. The rate of owner-
occupancy is considerably lower within the Village of Blasdell, however, at 56 percent.

Year of Construction

Compared to the Town outside the two villages, the Villages of Blasdell and Hamburg
have a significantly older housing stock, a higher proportion of renters and a significantly
higher proportion of householders (heads of household) aged 65 and older. Taken as a
whole, the Villages have a relatively higher incidence of housing units requiring repair
and rehabilitation, and a greater likelihood that a housing unit is occupied by a senior
citizen who may have limited financial resources available for repair or rehabilitation.
Physical inspections and requests for housing rehabilitation loans further validate the
Census statistics.


                         Age of Householder, Town of Hamburg


       100%
                                                                   22.1%
         90%            31.5%                 32.9%
         80%
         70%
         60%
         50%            46.8%                                      61.9%
                                              52.2%
         40%
         30%
         20%
                        21.6%                 14.9%                16.0%
         10%
         0%
                Village of Blasdell   Village of Hamburg   Town of Hamburg
                                                           (outside Villages)
                     Under 34              35 - 64            65 and over




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                    page H-13
As shown in Figure 4H, fully 55 percent of the housing stock in the Village of Blasdell
and 47 percent in the Village of Hamburg was built prior to 1950. By contrast, only 21
percent of the housing in the Town outside the villages was built before 1950.
Additionally, one-third of the housing units in the Villages of Blasdell and Hamburg,
compared to 22 percent of those in the Town outside the villages, were occupied by
householders aged 65 and older.

Units in Structure

Figure 5H indicates that 88 percent of the owner-occupied units within the Town of
Hamburg as of 2000 were single-family detached structures. Just 4 percent were in two-
to four-unit structures, while 5 percent were in mobile homes; the Town has a mobile
home park with approximately 800 units.

Within the Village of Blasdell, 83 percent of the owner-occupied units are single-family
detached structures, but 16 percent are in two-family structures.

Renter-occupied units in the Town of Hamburg also tend to be in low-density structures.
Of the 4,010 rental units in the Town outside the villages, 22 percent were in single-
family structures and 16 percent were in two-family homes; about 12 percent were in
buildings with 20 or more units.      More than half of the rental units in the Village of
Blasdell were in one- to two-family structures and 27 percent were in three- to four-family
structures.

Of the 1,094 rental units in the Village of Hamburg, 15 percent were single-family and 24
percent are two-family units. Thirty-eight percent of the rental units were in structures
with three to nine units apiece.

Bedroom Size

In terms of number of bedrooms, Figure 6H shows that 58 percent of the owner-
occupied units in the Town of Hamburg had three bedrooms and 23 percent had four
bedrooms. Nearly 18 percent were two-bedroom units.

Among renter-occupied units, 51 percent had two bedrooms and 27 percent had one
bedroom. Based on the number of units in each structure, it is likely that most of the
rental units with three or more bedrooms are in single- or two-family structures.

Housing Sales Activity

According to data tabulated by the Buffalo Niagara Association of Realtors (BNAR), an
annual average of 525 single family homes in the Town of Hamburg have been sold over
the last nine years (Figure 7H). On an annual average basis this represents about 3.6
percent of the number of owner-occupied single-family units in the Town as of the 2000
Census. The average sales price increased from $103,055 in 2000 to $159,057 in 2008.
Since the average sales price is the sum of all sales prices divided by the total number
of sales, the average sales price normally will be higher than the median sales price;
average sales prices fluctuate significantly from year to year depending upon both the
number and the selling prices of higher priced homes. Therefore, average prices should

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-14
be evaluated in regard to overall trends and not necessarily year-to-year percentage
increases.

New Construction

Between 1997 and 2007, the Town averaged close to 200 new single-family homes
each year. The central and northern parts of the Town, which include the Villages of
Hamburg and Blasdell, have been more densely developed. Much of the development
in this area is comprised of single-family dwellings, interspersed with two-family homes
and multi-unit residential structures. The area also includes several large areas of
commercial and industrial activity. The southern portion of the Town, south of the
Village of Hamburg, is more rural in character. Although units were added to the
housing stock, the overall population of the Town declined slightly since 2000 due in
large part to population decline in the villages, which may also reflect a decline in the
average household size.

Comprehensive Plan Update

In 2007, the Town of Hamburg updated its 1997 Comprehensive Plan. Although the
updated addressed a wide range of issues, some elements are more germane to this
Consolidated Plan.

As cited in the plan update, the Department of Community Development conducted a
study to analyze potential impediments to fair housing in the Town in 2003. The study
noted that although the Town has been pro-active in developing and affirmatively
marketing affordable housing, it is not a very diverse community.

The Town’s 2007 Comprehensive Plan Update acknowledges that the Town needs more
affordable housing options. One of the plan’s recommendations is to “encourage
balanced growth to provide for a diverse living environment for people of all income
levels.” There are a few areas in the Town, the plan notes, where “additional effort is
required to revitalize existing commercial lands,” with the potential for mixed-use
development, as well as older residential neighborhoods where housing may need to be
rehabilitated to improve the quality and vitality of these areas. The CDBG program is
cited as a potential source of funding for such activities.


Housing Needs

One measure of housing affordability for low- and moderate-income households is cost
burden. A household is considered to be cost burdened if it pays more than 30 percent
of its income for housing expenses, including mortgage or rent payments, utility costs,
and property taxes. A household is described as severely cost burdened if its housing
expenses exceed 50 percent of its income. As one might expect, the lower a
household’s income, the more likely it is to experience housing cost burden. Lower
income households may also experience other housing problems such as overcrowding,
substandard conditions, etc.



Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                 page H-15
Figures 8H, 9H, and 10H present information tabulated by the U.S. Department of
Housing and Urban Development on the housing assistance needs of renter and owner
households in the Town of Hamburg. Although Hamburg data is included in the Erie
County HOME Consortium housing assistance needs of renter and owner households, a
separate breakout is provided for the Town of Hamburg since the Town receives its own
CDBG entitlement.

Of the 22,000 households in the Town of Hamburg, 25 percent have housing problems.
Among renters, the proportion is 36 percent or 1,983 households; among homeowners,
it is considerably lower at 22 percent, but the absolute number is significantly higher at
3,520 households. All income categories and household types are affected by housing
problems, with cost burden in excess of 30 percent of income as the housing problem
experienced by the most households.

The following narrative summarizes the housing needs of renter and owner households
by household type and income.

Renter Households

As shown in Figure 8H, a total of 669 extremely low-income renter households, whose
incomes are less than 30 percent of median family income, are in need of housing
assistance. More than 77 percent of extremely low-income renter households are cost
burdened, and 59 percent are severely cost-burdened, paying over one-half of their
income for housing.

Among extremely low-income renter households, the elderly and small family
households are most affected; a total of 341 households in these two household
categories pay more than 50 percent of their incomes for housing. In addition, 162
“other renter households” are severely cost-burdened. “Other household types” includes
single individuals living alone, unrelated individuals living together and households that
do not meet the Census definition of family (persons related by blood, marriage or
adoption).

A slightly larger number of low-income renter households with incomes between 31 to 50
percent of the median family income have housing assistance needs. According to the
2000 Census, 74 percent of low-income renter households are cost burdened, while 19
percent are severely cost-burdened.

The housing assistance needs of renter households with incomes between 51 percent to
80 percent of the area median are only about half as great as the two lower income
categories. Only 24 households, or 2 percent, pay more than 50 percent of their income
for rent.

In total, there are 1,827 renter households in the Consortium, with income levels less
than 80 percent of the area median family income that have housing assistance needs.
Overall about 41 percent of the renter households in need of assistance are elderly
households. Excluding “other households,” elderly represent 56 percent of the renter
households in need of assistance.


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-16
For households above 80 percent of income the cost burden ratio drops significantly.
For all households only 6 percent have housing problems or are cost burdened. Within
this group, however, 20 percent of the seniors are cost burdened, but the number is only
64 households.

Owner Households

The incidence of housing cost burden and other housing problems is not as great among
owner households as it is for renters. This is not surprising, since a household cannot
qualify to become an owner if the house payment is not affordable. Some households
may experience a drop in income, however, or may be adversely affected by rising utility
costs and property taxes, resulting in a cost burden after they have attained ownership.
This can make the rehabilitation and repair of one’s home challenging, if not outright
impossible.

As shown in Figure 9H, nearly 85 percent of the extremely-low income owner
households are cost-burdened, paying more than 30 percent of their income for housing
expenses. In the low income owner category, 66 percent of households are cost-
burdened, and the rate declines to 42 percent among homeowners earning between 51
and 80 percent of median family income.

Among extremely low-income owner households, small families and elderly households
are most likely to have housing problems; 75 percent of small families and 91 percent of
elderly households in this income category are cost-burdened. However, the number of
extremely low-income elderly households with housing problems (256) is more than
double that of small families (102). Only four large families were reported as cost
burdened in this category.

Among low-income owner households, with incomes between 31 and 50 percent of the
median family income, nearly all small families and large families are cost-burdened.
The rate is 56 percent among elderly households, but the number of such households
with housing problems is more than twice that of small and large families in other
categories.

A substantial number of owners with incomes between 51 percent and 80 percent of the
median income are also cost burdened. A total of 881 owner households in this income
category have housing problems, with 42 percent that pay more than 30 percent of their
income for housing. While fifty-nine percent of small and large households and 56
percent of “other households” were cost burdened or with housing problems, only 23
percent of the elderly households were in this category.

For households above 80 percent of income the cost burden ratio drops significantly.
For all households only 12 percent have housing problems or are cost burdened.

Overall, the percentages of cost burden or other housing problems for the various
income levels and family composition as described above for the Town of Hamburg were
very similar to the Erie County HOME Consortium as a whole.



Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                page H-17
                                                  Figure 3H.
                                          Housing Occupancy & Tenure
                                               Town of Hamburg
                                                                                  HAMBURG,
                                            HAMBURG, BLASDELL, HAMBURG,
                                                                                   T. (excl.
                                               T.       V.        V.
                                                                                   villages)
               Total Housing Units              22,830        1,282         4,156      17,392
               Occupied Units                   21,993        1,201         4,002      16,790
                Owner-Occupied Units            16,355          667         2,908      12,780
                Owner-Occupied %                 74.4%        55.5%         72.7%       76.1%
                Renter-Occupied Units            5,638          534         1,094       4,010
                Renter-Occupied %                25.6%        44.5%         27.3%       23.9%
               Vacant Units                        837           81           154         602
               Vacancy Rate                       3.7%         6.3%          3.7%        3.5%
              Source: U.S. Bureau of the Census, 2000



                                                   Figure 4H.
                                               Year Structure Built
                                                Town of Hamburg
                                                                                           HAMBURG, T. (excl.
                          HAMBURG, T.             BLASDELL, V.          HAMBURG, V.
     Year Built                                                                                 villages)
                        Number      Percent    Number     Percent     Number    Percent    Number Percent
1990 to March 2000        2,837        12.4%         32       2.5%        131       3.2%      2,674       15.4%
1980 to 1989              2,192         9.6%       -          0.0%        137       3.3%      2,055       11.8%
1970 to 1979              4,334        19.0%       106        8.3%        711      17.1%      3,517       20.2%
1960 to 1969              2,583        11.3%       107        8.3%        415      10.0%      2,061       11.9%
1950 to 1959              4,573        20.0%       328       25.6%        807      19.4%      3,438       19.8%
1949 or earlier           6,311        27.6%       709       55.3%      1,955      47.0%      3,647       21.0%
Total                    22,830      100.0%      1,282     100.0%       4,156    100.0%      17,392     100.0%
Source: U.S. Bureau of the Census, 2000




        Erie County CDBG Consortium and the Town of Hamburg
        2010-2014 Consolidated Plan and Annual Action Plan
        Town of Hamburg Five-Year Plan and Action Plan                                       page H-18
                                                      Figure 5H.
                                                 Units Per Structure
                                                 Town of Hamburg
                                                                                                   HAMBURG, T. (excl.
                            HAMBURG, T. ONLY           BLASDELL, V.            HAMBURG, V.
                                                                                                        villages)
                            Number        Percent    Number       Percent    Number     Percent    Number Percent
Owner-Occupied Units         16,355        100.0%       667        100.0%      2,908     100.0%      12,780     100.0%
 1 Detached                  14,370          87.9%      550          82.5%     2,745       94.4%     11,075       86.7%
 1 Attached                     508           3.1%          8         1.2%         38       1.3%        462        3.6%
 2 Units                        593           3.6%      109          16.3%         93       3.2%        391        3.1%
 3 or 4 Units                    63           0.4%       -            0.0%         25       0.9%         38        0.3%
 5 or More Units                 14           0.1%       -            0.0%          7       0.2%          7        0.1%
 Mobile Home                    807           4.9%       -            0.0%       -          0.0%        807        6.3%
Renter-Occupied Units         5,638        100.0%       534        100.0%      1,094     100.0%       4,010     100.0%
 1 Detached                     916          16.2%         22         4.1%       166       15.2%        728       18.2%
 1 Attached                     162           2.9%       -            0.0%          5       0.5%        157        3.9%
 2 Units                      1,161          20.6%      253          47.4%       267       24.4%        641       16.0%
 3 or 4 Units                   869          15.4%      145          27.2%       191       17.5%        533       13.3%
 5 to 9 Units                   891          15.8%         52         9.7%       223       20.4%        616       15.4%
 10 to 19 Units                 869          15.4%          8         1.5%         24       2.2%        837       20.9%
 20 to 49 Units                 108           1.9%       -            0.0%       -          0.0%        108        2.7%
 50 or More Units               632          11.2%         54        10.1%       218       19.9%        360        9.0%
 Mobile Home                     30           0.5%       -            0.0%       -          0.0%         30        0.7%
Source: U.S. Bureau of the Census, 2000



                                                    Figure 6H.
                                              Units by Bedroom Size
                                                Town of Hamburg
                                                                Number         Percent
                              Owner-Occupied Units                 16,355         100.0%
                               No bedroom                               12          0.1%
                               1 bedroom                              120           0.7%
                               2 bedrooms                           2,682          16.4%
                               3 bedroom                            9,504          58.1%
                               4 bedrooms                           3,608          22.1%
                               5 or more bedrooms                     429           2.6%
                              Renter-Occupied Units                 5,638         100.0%
                               No bedroom                             115           2.0%
                               1 bedroom                            1,522          27.0%
                               2 bedrooms                           2,896          51.4%
                               3 bedroom                              957          17.0%
                               4 bedrooms                             148           2.6%
                               5 or more bedrooms                     -             0.0%
                              Source: U.S. Bureau of the Census, 2000




         Erie County CDBG Consortium and the Town of Hamburg
         2010-2014 Consolidated Plan and Annual Action Plan
         Town of Hamburg Five-Year Plan and Action Plan                                             page H-19
                                      Figure 7H.
                                Housing Sales Activity
                               in the Town of Hamburg
                                     Annual Sales Average Sale
                            Year
                                       Volume        Price
                     2000                        504   $    103,055
                     2001                        548   $    106,061
                     2002                        528   $    113,882
                     2003                        543   $    118,725
                     2004                        578   $    124,608
                     2005                        541   $    126,597
                     2006                        549   $    134,647
                     2007                        504   $    140,075
                     2008                        457   $    159,057
                    Source: Buffalo Niagara Association of Realtors.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                         page H-20
                                       Figure 8H.
         Housing Assistance Needs of Low and Moderate Income Renter Households
                                    Town of Hamburg
                                                                  Large 5 or
Household by Type, Income, & Housing   Elderly 1 & Small 2 to 4                              Total
                                                                    More       All Other
Problem                                2 Members Members                                    Renters
                                                                  Members
Household Income:
0 to 30% Median Family Income                  419          181           10          250         860
  Number with any housing problem              276          157           10          226         669
  Number with cost burden >30%                 276          157           10          216         659
  Number with cost burden >50%                 188          153            0          162         503
  % with any housing problem                65.9%        86.7%       100.0%        90.4%       77.8%
  % with cost burden >30%                   65.9%        86.7%       100.0%        86.4%       76.6%
  % with cost burden >50%                   44.9%        84.5%         0.0%        64.8%       58.5%
31 to 50% Median Family Income                 532          208           53          237       1,030
  Number with any housing problem              360          175           49          178         762
  Number with cost burden >30%                 360          175           39          168         742
  Number with cost burden >50%                  98           28            0           72         198
  % with any housing problem                67.7%        84.1%        92.5%        75.1%       74.0%
  % with cost burden >30%                   67.7%        84.1%        73.6%        70.9%       72.0%
  % with cost burden >50%                   18.4%        13.5%         0.0%        30.4%       19.2%
51 to 80% Median Family Income                 339          435           32          349       1,155
  Number with any housing problem              107          119           32          138         396
  Number with cost burden >30%                 107          111           14          138         370
  Number with cost burden >50%                  20            4            0            0          24
  % with any housing problem                31.6%        27.4%       100.0%        39.5%       34.3%
  % with cost burden >30%                   31.6%        25.5%        43.8%        39.5%       32.0%
  % with cost burden >50%                    5.9%         0.9%         0.0%         0.0%        2.1%
Above 80% Median Family Income                 322        1,031         108         1,049       2,510
  Number with any housing problem               64           42           14           34         153
  Number with cost burden >30%                  60           20            0           30         110
  Number with cost burden >50%                  30            0            0            0          30
  % with any housing problem                19.9%         4.1%        13.0%         3.2%        6.1%
  % with cost burden >30%                   18.6%         1.9%         0.0%         2.9%        4.4%
  % with cost burden >50%                    9.3%         0.0%         0.0%         0.0%        1.2%
Total Households                             1,612        1,855         203         1,885       5,555
  % with any housing problem                50.1%        26.6%        51.7%        30.6%       35.7%
  % with cost burden >30%                   49.8%        25.0%        31.0%        29.3%       33.9%
  % with cost burden >50%                   20.8%        10.0%         0.0%        12.4%       13.6%

Source: HUD CHAS Data Book, 2000.




   Erie County CDBG Consortium and the Town of Hamburg
   2010-2014 Consolidated Plan and Annual Action Plan
   Town of Hamburg Five-Year Plan and Action Plan                                      page H-21
                                       Figure 9H.
         Housing Assistance Needs of Low and Moderate Income Owner Households
                                    Town of Hamburg
                                                                  Large 5 or
Household by Type, Income, & Housing   Elderly 1 & Small 2 to 4                              Total
                                                                    More       All Other
Problem                                2 Members Members                                    Owners
                                                                  Members
Household Income:
0 to 30% Median Family Income                  282          136            4           91        513
  Number with any housing problem              256          102            4           71        433
  Number with cost burden >30%                 256          102            4           71        433
  Number with cost burden >50%                 203           92            4           67        366
  % with any housing problem                90.8%        75.0%       100.0%        78.0%      84.4%
  % with cost burden >30%                   90.8%        75.0%       100.0%        78.0%      84.4%
  % with cost burden >50%                   72.0%        67.6%       100.0%        73.6%      71.3%
31 to 50% Median Family Income                 791          124           68          104      1,087
  Number with any housing problem              441          120           68           86        715
  Number with cost burden >30%                 441          120           68           86        715
  Number with cost burden >50%                 109           98           24           29        260
  % with any housing problem                55.8%        96.8%       100.0%        82.7%      65.8%
  % with cost burden >30%                   55.8%        96.8%       100.0%        82.7%      65.8%
  % with cost burden >50%                   13.8%        79.0%        35.3%        27.9%      23.9%
51 to 80% Median Family Income               1,010          714         207           186      2,117
  Number with any housing problem              231          421         124           104        881
  Number with cost burden >30%                 231          421         124           104        881
  Number with cost burden >50%                  37           88            4           38        167
  % with any housing problem                22.9%        59.0%        59.9%        55.9%      41.6%
  % with cost burden >30%                   22.9%        59.0%        59.9%        55.9%      41.6%
  % with cost burden >50%                    3.7%        12.3%         1.9%        20.4%       7.9%
Above 80% Median Family Income               2,184        7,480        1463         1,380     12,507
  Number with any housing problem              245          800         228           219      1,488
  Number with cost burden >30%                 236          755         164           219      1,376
  Number with cost burden >50%                  44          224           20           19        113
  % with any housing problem                11.2%        10.7%        15.6%        15.9%      11.9%
  % with cost burden >30%                   10.8%        10.1%        11.2%        15.9%      11.0%
  % with cost burden >50%                    2.0%         3.0%         1.4%         1.4%       0.9%
Total Households                             4,267        8,454        1742         1,761     16,224
  % with any housing problem                17.5%        17.1%        24.3%        27.3%      21.7%
  % with cost burden >30%                   17.3%        16.6%        20.7%        27.3%      21.0%
  % with cost burden >50%                    9.2%         3.6%         3.0%         8.7%       5.5%

Source: HUD CHAS Data Book, 2000.




   Erie County CDBG Consortium and the Town of Hamburg
   2010-2014 Consolidated Plan and Annual Action Plan
   Town of Hamburg Five-Year Plan and Action Plan                                      page H-22
                                 Figure 10H.
    Summary Housing Assistance Needs of Low and Moderate Income Households
                               Town of Hamburg
                                                                                All
Household by Type, Income, & Housing Problem   Total Renters Total Owners
                                                                            Households
Household Income:
0 to 30% Median Family Income                            860          513         1,373
  Number with any housing problem                        669          433         1,103
  Number with cost burden >30%                           659          433         1,092
  Number with cost burden >50%                           503          366           869
  % with any housing problem                          77.8%        84.4%         80.3%
  % with cost burden >30%                             76.6%        84.4%         79.5%
  % with cost burden >50%                             58.5%        71.3%         63.3%
31 to 50% Median Family Income                         1,030        1,087         2,117
  Number with any housing problem                        762          715         1,478
  Number with cost burden >30%                           742          715         1,456
  Number with cost burden >50%                           198          260           457
  % with any housing problem                          74.0%        65.8%         69.8%
  % with cost burden >30%                             72.0%        65.8%         68.8%
  % with cost burden >50%                             19.2%        23.9%         21.6%
51 to 80% Median Family Income                         1,155        2,117         3,272
  Number with any housing problem                        396          881         1,276
  Number with cost burden >30%                           370          881         1,250
  Number with cost burden >50%                            24          167           190
  % with any housing problem                          34.3%        41.6%         39.0%
  % with cost burden >30%                             32.0%        41.6%         38.2%
  % with cost burden >50%                              2.1%         7.9%          5.8%
Above 80% Median Family Income                         2,510       12,507        15,017
  Number with any housing problem                        153        1,488         1,652
  Number with cost burden >30%                           110        1,376         1,487
  Number with cost burden >50%                            30          113           135
  % with any housing problem                           6.1%        11.9%         11.0%
  % with cost burden >30%                              4.4%        11.0%          9.9%
  % with cost burden >50%                              1.2%         0.9%          0.9%
Total Households                                       5,555       16,224        21,779
  % with any housing problem                          35.7%        21.7%         25.3%
  % with cost burden >30%                             33.9%        21.0%         24.3%
  % with cost burden >50%                             13.6%         5.5%          7.6%

Source: HUD CHAS Data Book, 2000.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                               page H-23
Special Needs Populations

Special needs populations are addressed as part of the Erie County HOME Consortium
except as noted in the following:

Elderly and Frail Elderly

Senior Services – County Overview. The Erie County section on the Special Needs
Population for the Elderly and Frail Elderly provides an overview survey report of senior
citizens in the County as well as outlining the functions and goals of the County Senior
Services Department. The CODA (Creating Options for Dignified Aging) report provides
an in-depth analysis of needs and policy options for enabling seniors to live
independently as long as possible. Much of the implementation and face to face contact
with senior citizens comes through the Senior Centers that are operated in many of the
towns within the County.

Senior Services in the Town of Hamburg. The Town of Hamburg has operated a
Senior Center for over 30 years. Since 1993, it has been located at 4150 Sowles Road
in a building contiguous to the Iris Housing Development. The Center was built with
CDBG funds as a joint venture with Iris Housing Development with financing on a pro-
rata share. This location has facilitated the Senior Center’s active role in promoting and
support senior services that will assist senior citizens in functioning and living
independently as long as possible.

The Senior Center operates a locally financed van service for seniors, with eight vans
operating five days a week on a fee basis. The van service provides transportation for
clients of the Adult Day Care program as well seniors who need transportation to
medical appointments, shopping, etc. One of the vans is wheelchair accessible.

In conjunction with the County, the Center operates a nutrition lunch program five days a
week at three site locations. A total of about 95-110 seniors participate in the program
on an average daily basis. The nutrition program operates in three locations: the Senior
Center at Sowles Road (35-40), Creekbend apartments in the Village of Hamburg (35-
40), and Lilly Apartments in the Village of Blasdell (25-30).

There is also a Meals on Wheels program in the Town which is independent of the
Senior Center. The program delivers a hot lunch along with a dinner five days per week.
In 2008, the program served 47,916 meals (combined lunch and dinner) and through
December 1, 2009, a total of 46,106 meals. On average, meals are delivered to 150-
170 persons on a daily basis with fluctuations in the level of participation during the year.

Senior Day Care Center. With the assistance of CDBG funds, the Town of Hamburg
opened a Senior Day Care Center in November 1995. The building was subsequently
purchased with CDBG funds and CDBG funds were used in the initial years for operating
expenses.

The program has more than one hundred enrolled participants with an average of
twenty-five to thirty attending each day. Some are regular attendees each day and some
are periodic. These are usually elderly persons, who may have had a mild stroke, some

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                    page H-24
type of memory deficit, or who otherwise cannot function alone. They may be living with
children who work during the day or with a spouse, who need some care-giving relief or
may be receiving in-house health aide service a number of days per week and go to
Adult Day Care the other days. In 1997, the Adult Senior Day Care Center received a
“Best Practice in Community Development Award” from HUD.

Fitness Programs. The Sowles Road site contains a fitness center with weight training
machines and treadmills as well as a locker room and shower facility. As indicated
below, the fitness center was expanded when the aquatic center was completed in 2002.
The Center runs aerobic and fitness classes in addition to independent use by seniors.

Aquatic Center. In September 2002, the fitness center was expanded with the use of
CDBG funds to include a therapeutic swimming pool and an additional aerobic exercise
room. Shortly after the center opened, it began running at maximum capacity.
Responding to a waiting list and continued strong interest, the aquatic fitness program
was expanded to include earlier morning as well as evening hours. Since this time, the
aquatic program has remained extremely popular programs among Hamburg seniors.

There are currently waiting lists of seniors to utilize the therapeutic pool for water
aerobics, physical therapy, heart rehabilitation and other therapeutic uses. There have
been requests for and interest in additional types of programs, for another therapeutic
pool and possibly building an additional larger pool for swimming. Again responding to
strong interest, the Department of Senior Services created an “Open Swim” program at
the pool.

The fitness center and therapeutic pool continue to command strong interest. During
2008 the numbers of seniors utilizing the aquatic and fitness programs were as follows:

               Senior aquatic programs……….1,159
               Senior “Open Swim”………….. 3,484
               Health Maintenance Program...13,761

As the senior population increases as a percent of the total population and significantly
increased longevity results among seniors, programs and activities such as these
facilitate socialization, health maintenance and improved health, thus enabling seniors to
function and live independently longer.

Senior Technology Center.           In collaboration with People, Inc., the Hamburg
Community Development Department co-developed the 49-unit senior Elm Housing on a
site across from and contiguous to Iris Housing. The project was completed in 2007. A
2000 square foot single story building was concurrently built adjacent to the Elm Housing
development. It was bid as one project with costs shared on a pro-rata basis between
Elm Housing and the Hamburg Community Development Department.

The attached addition is the new Hamburg Senior Technology Center. Currently plans
call for providing 12 computer stations to be used in a classroom setting. In addition,
there is a library room where individual cubicles or work stations will be housed for use
by seniors. Although this may change in the future, most low- and moderate-income
seniors living in assisted housing do not own a computer and a large portion do not

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-25
know how to use a computer. In varying degrees, these circumstances probably apply
to a significant portion of the senior population as a whole.

The goal of the new program is to teach Town of Hamburg seniors how to use a
computer as well as expand computer software capabilities of seniors who already have
some computer knowledge. When training sessions are not being given, seniors will
have the opportunity to utilize a computer within a library-type setting for a specified
length of time.

Teaching seniors how to use computers may have additional benefits in reinforcing and
improving cognition and memory retention as well as enhancing their physical dexterity
all while allowing them to become part of 21st century technology. Once they are
comfortable using a computer, the Internet or other applications, they will be able to e-
mail family and friends, pay bills online, print family pictures, complete genealogy
searches and be a part of this technological world.

In 2007, the Town of Hamburg identified $80,000 in CDBG funds for Senior Technology
Center start-up costs. In 2008, another $50,000 was allocated to cover additional start-
up costs for computer furniture, computers, wireless technology for the computers and
also for the wiring of the Internet connection and hardware.

Priority Needs and Objectives. The foregoing demonstrates the Town’s Community
Development Department long-term commitment to serving the needs of senior citizens.
While several priority needs can be cited, the underlying priority is providing programs
and assistance that help senior citizens to function and live independently as long as
possible. With one out of every four household in the Towns having a head of
household age 65 or older, this becomes an increasingly important goal.

CDBG funding of $25,000 in 2010 for the Senior Technology Center will include
operational costs such as instructors, maintenance agreements and software programs.
As the Center becomes operational in 2010, the benefits of the programs at the
Technology Center will become evident.

Victims of Domestic Violence

The Town of Hamburg’s Domestic Violence Office has been in operation since April
2003. The program is funded both by a Hamburg Town Board budget allocation as well
as the use of CDBG funds. In the 2008 program year, the Domestic Violence Office
served a total of 462 new clients. This is an increase from 388 in 2007 and 257 in 2006.

Although there has been an increase in the number of reported domestic violence cases,
part of the increase may be due to the increased awareness of the Town’s Domestic
Violence Office and the assistance it provides. A closely related reason may be the
strict compliance on the part of the Town of Hamburg Police Department in following
state laws and procedures regarding domestic violence.

Priority Needs and Objectives. The primary priority need of the program is to respond
to and serve the needs of victims of domestic violence. Although there is a phone
number at the Hamburg Office of Domestic Violence where persons can call in directly

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                 page H-26
for assistance, it is estimated that 90-95 percent of the domestic violence cases start
with the Hamburg Police Department and are then referred to the Domestic Violence
Office.

In most instances, the Police Department responds to complaints at the residence of the
victim or on the basis of a walk-in or a call-in. The Police Department completes a report
on the domestic violence complaint or incident and makes a referral to the Hamburg
Domestic Violence Office. Only occasionally the police do become more involved if the
circumstances warrant more significant police intervention.

On average, a domestic violence case will be active for six months to one year. As a
minimum the Domestic Violence Office will interact with the domestic violence victim at
least three or four times. The average case will normally result in 15-30 interactions with
the client directly and/or with courts or other parties that may be germane to the case.
Basic counseling is undertaken to find out the nature of the domestic violence and to
plan a course of action.

Establishing a housing living arrangement is usually an outcome of this process. This
may include moving in with a relative, referral to a domestic violence shelter such as
Haven House or referral to a transitional housing accommodation. In some instances, if
it is determined that a more permanent alternative housing is the most appropriate
course of action and financial assistance is needed, a referral may be made to the
County Department of Social Services, which has specialized case workers who handle
both welfare needs and domestic violence. A fifth option is for the victim to remain in
their own home. This would be a situation where the abuser moves out of the home or
the domestic violence situation is sufficiently resolved whereby the victim feels it will be
okay to remain in the home.

Sometimes a case may be to be resolved and three or four months later, a domestic
violence incident may reoccur. These are tracked as the same case. In the tracking
system, the Domestic Violence Advocate may consider a case resolved and note this in
the file. In other instances a case may be consider close by virtue of “inactivity.”

Since domestic violence is a social problem that affects many households, the Town of
Hamburg also created a Domestic Violence Advisory Committee to discuss needs and
problems within the Town and otherwise assist the Domestic Violence Advocate. The
Domestic Violence Advocate also conducts outreach and educational activities.

The Town of Hamburg will continue to support the Office of Domestic Violence through
its CDBG program as it has done since 2003.

Persons with Developmental Disabilities

The needs of the developmentally disabled are addressed in the Erie County HOME
Consortium section of this document. As indicated in Figure 17, there are currently
1,159 beds in licensed community residential facilities at 196 addresses in the
Consortium to serve individuals with developmental disabilities. The facilities are located
in 27 municipalities, including the Town of Hamburg. The vast majority of these


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                    page H-27
residences are single-family homes that provide housing and supportive services to
eight or fewer people per home.

A separate listing is also included in Figure 11H on the next page. The Town of
Hamburg (including Blasdell and Lakeview addresses) has 194 beds for the
developmentally disabled located at 29 different addresses. These 194 beds represent
17 percent of the total for the Erie County HOME Consortium.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                            page H-28
                                    Figure 11H.
            Inventory of Housing for Developmentally Disabled Persons
                                Town of Hamburg
             Sponsor                            Address        Locality    # Residents
Claddagh Commission, Inc.           133 Miller Avenue           Blasdell             2
Community SVCS F/The Dev.Dis.       4590 Lake Avenue            Blasdell             4
0264 - Western New York             6717 Taylor Road           Hamburg               6
0264 - Western New York             3702 Dartmouth Street      Hamburg               4
0264 - Western New York             4888 Big Tree Road         Hamburg               7
0264 - Western New York             5388 Ontario Avenue        Hamburg               4
0264 - Western New York             4118 Sowles Road           Hamburg               7
0264 - Western New York             4250 Loran Avenue          Hamburg               6
Heritage Centers                    4348 Clark Street          Hamburg               9
Heritage Centers                    20 Browning Drive          Hamburg              10
Heritage Centers                    4369 McKinley Pkwy.        Hamburg               5
Aspire of Western New York          137 Holiday Lane           Hamburg              14
Aspire of Western New York          4556 East Highland Pkwy.   Hamburg               6
Aspire of Western New York          4232 Bayview Road          Hamburg               6
People, Inc.                        4968 Clark Street          Hamburg              12
People, Inc.                        168-170 Main Street        Hamburg               8
People, Inc.                        8169 Boston State Road     Hamburg              10
People, Inc.                        5254 Roberts Road          Hamburg              10
People, Inc.                        6191 McKinley Pkwy.        Hamburg               6
People, Inc.                        4637 Milestrip Road        Hamburg               6
Heritage Christian Services, Inc.   5570 South Park Avenue     Hamburg               8
Baker Victory Service               3580 Sowles Road           Hamburg               3
Baker Victory Service               3011 Lakeview Road         Hamburg               6
Community SVCS F/The Dev.Dis.       4365 Bayview Road          Hamburg               6
0264 - Western New York             2065 Lakeview Road         Lakeview              6
0264 - Western New York             5891 Dover Road            Lakeview              7
0264 - Western New York             2240 Lakeview Road         Lakeview              8
People, Inc.                        5989 Old Lake Shore Road   Lakeview              4
Claddagh Commission, Inc.           6007 Shoreham Drive        Lakeview              4
TOTAL                                                                              194




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                               page H-29
Assisted Housing Needs

As shown in Figure 12H below, there are eight assisted housing developments for
senior citizens within the Town of Hamburg which provide a total of 809 units. (These
units are also included in the Assisted Housing inventory for the Erie County HOME
Consortium.) In addition, 242 families in the Town of Hamburg receive rental assistance
through Section 8 vouchers allocated by Belmont Shelter. Belmont Shelter also
administers 23 Mod Rehab units within the Town of Hamburg. Thus, a total of 1,074
households within the Town receive direct rental assistance.

The Elm Housing development with 49 units opened within the past year and is adjacent
to the 49-unit Iris Housing development. When the Elm development was being
planned, the Hamburg Department of Community Development contracted to have an
adjacent structure built to house a senior technology center.      Construction is now
complete. The Department will be installing computers at the center that can be used for
training and as a resource for use by seniors. Contiguous to the Iris housing
development is the senior aquatic center, which is administered by the Town’s Senior
Center; the aquatic center serves residents of the two housing developments as well as
seniors throughout the town.

                                     Figure 12H.
                           Assisted Housing Developments
                                  Town of Hamburg
                          Project Name             Type         # Units
                 Cambridge Square                  Senior            150
                 Good Counsel Apartments           Senior             49
                 Lilly Housing                     Senior             49
                 Bethel Estates                    Senior            261
                 Creekbend Heights                 Senior            130
                 Iris Housing Corp.                Senior             49
                 Clare Court Apartments            Senior             72
                 Elm Housing                       Senior             49
                 TOTAL                                               809



Lead-Based Paint Needs

A comprehensive discussion of lead based paint and lead based paint hazards within
the County CDBG Consortium and the City of Buffalo is provided in the Erie County
section of the Consolidated Plan.

As noted in that report, elevated blood lead levels (EBL) in children are the most critical
issue in dealing with LBP hazards. Under a State funded and mandated program, the
Erie County Department of Health (ECDOH) is required to respond to all cases of
children with elevated blood levels.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-30
 As part of the Consolidated Plan preparation, ECDOH was requested to prepare a
special report on EBL case data by ZIP code within the County for the years 2007 and
2008.

In 2007 and 2008, ECDOH received 229 and 278 “Environmental Referrals” which
indicate the house was referred for inspection due to a “lead poisoning” situation
involving one or more children. The CDC definition of “lead poisoning” is any reading of
BLL>20ug/dL or above or a persistent reading of BLL>15-19ug/dL. Immediate attention
is required in these cases. Corrective action usually requires Interim Control, which
basically stabilizes the paint and enables the housing unit to be safe for occupancy. The
cost of remediation is borne by the owner of the property. Ninety percent or more of
these cases were found in the City of Buffalo. In 2007, only three cases meeting these
criteria were identified within the Town of Hamburg; there were no such cases in
Hamburg in 2008.

ECDOH also received “Visual Referrals” which are a response to an initial elevated
blood level and only include a visual paint assessment. Although no legal demand for
correction is made, an advisement letter is sent in regard to observed deteriorated paint
and usually outlining Interim Control measures that can be undertaken to achieve paint
stabilization. ECDOH received 350 “Visual Referrals” in 2007 and 317 in 2008, with
ninety-three percent or more of the cases located within the City of Buffalo. In 2007,
only two cases meeting these criteria were identified within the Town of Hamburg and
only one in 2008.

All housing programs administered by the Community Development Department
undergo evaluation and testing as necessary for the presence of lead based paint
hazards and remediation where needed. Data available for 2006-2008 shows that the
Community Development Department provided loans for 45 owner occupied homes.
Eleven of the properties were constructed after 1978 and thus did not require lead based
paint testing.

The remaining 34 were subject to lead based paint evaluation. It has been the
experience of the Department that the presence of lead based paint hazards in most
homes has been limited. In most instances, the presence is likely to be in flaking paint
on windows and, perhaps, in only one or two rooms. This hazard is resolved by
replacement of windows. Most of the loans under the homeowner rehabilitation program
are for roof and furnace replacement, which results in no disturbing of paint surfaces. Of
the 34 properties receiving loans, 14 involved window replacement either exclusively or
along with other repairs. It can be assumed that most of these were due to some level of
lead based paint hazard.

The Department also evaluated all homes to be purchased by first-time home buyers for
the presence of lead based paint hazards. Under this program, one or two homes are
annually found to have lead based paint hazards present and these are corrected at the
expense of the seller as condition of closing.

Based on year built and national statistics for presence of lead based paint for housing
built prior to 1978, it is estimated that 13,422 housing units within the Town of Hamburg


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-31
contain lead based paint. Based on CHAS data, it is further estimated that 3,400 units
may be occupied by low- and moderate-income households.

Without a controlled sampling of all homes built prior to 1978, it is difficult to estimate the
number of units with lead based paint present that have lead based paint hazards. If
properties are sufficiently maintained and paint is not disturbed, the presence of lead
based paint is not likely to be a hazard. What can be measured to some degree is the
experience of reporting and finding the presence of lead based paint hazards and that
has been cited in the foregoing.

A reasonable estimate of the number of homes with some level of lead based paint
hazard would be approximately 20 percent of the estimated 3,400 units that may be
occupied by low- and moderate-income households. This would be approximately 700
units with an estimated 280 occupied by very low-income, 210 by low-income, and 210
by moderate-income households.

In all of its housing assistance programs, the Town Community Development
Department will continue to evaluate all properties built prior to 1978 and require
remediation where lead based paint hazards are present. The foregoing would suggest
that the incidence of lead based paint hazards is a manageable problem.

The Town of Hamburg has established the following specific procedures for dealing with
potential lead based paint hazards:

1. If the property is designated for rehabilitation, assessor records are checked to see if
   the house was built prior to 1978.
2. If the property was built prior to 1978, Community Development staff undertakes a
   visual inspection of the property.
3. If the proposed rehabilitation will result in paint surfaces being disturbed or there is
   evidence of flaking paint. If the unit fails the visual observation, paint flakes are sent
   to a lab for further testing of presence of lead based paint. If it is determined that
   there is a lead based paint hazard present, remediation steps are undertaken to
   assure at least Interim Control measures are accomplished.
4. Property is inspected by CD staff after any required lead based paint remediation
   has been completed.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                      page H-32
          Housing and Community Development Objectives

Priority Housing Needs and Objectives

Table 2A, Priority Needs Summary Table, estimates the Town of Hamburg’s unmet
housing needs by tenure, household size/type and income level. In determining priority
housing needs, the Town took into consideration Census data and CHAS tables as well
as consultation with other agencies that serve low- and moderate-income households
and special needs population groups, program experience, identified housing needs in
neighborhood target areas, and waiting lists for assisted housing.

The Town of Hamburg housing needs as elicited in the market overview reveal major
housing affordability issues for all income groups. This is especially true for the elderly
and low income families. Funding allocations and program initiatives for housing as
shown in Table 2C are designed to address the needs of both family and elderly
households in various income groups as well as rehabilitate housing and improve
housing conditions.

Homeownership Program for Renters. The Town of Hamburg will continue to place
primary emphasis on assisting renter families by offering them the incentive to become
homeowners. According to the CHAS data, a total of 457 renter families with cost
burdens are classified as moderate income between the 51st and 80th percentile. This
represents 55 percent of low- and moderate- income families that have a cost burden.
This is likely to be the primary source of potential homeowners among renter families. In
addition, some households in the low income category (between the 31st to 50th
percentiles) may also qualify to become homeowners.

The Town of Hamburg created its Hometown Housing “Existing Home” Program in 1998.
During 2008, the Town’s Community Development Department increased the conditional
grant amounts offered through the program from $10,000 to help offset the significant
increase in the cost of housing within the Town.

Eligible homes approved for this program are limited to single-family homes and may be
purchased anywhere within the Town or its villages. Any home purchased through
Hamburg’s Hometown Housing Program must meet a purchase amount utilizing the
Town’s “But For” underwriting standard: that is, the Town must conclude that the
assistance is needed to make the transaction feasible and affordable and that it could
not happen “but for” the assistance. The total value of any primary purchase mortgage
and the Town of Hamburg’s secondary note and mortgage cannot exceed 95% of the
home’s appraised value as determined by the Town of Hamburg Department of
Community Development.

The homebuyer is required and expected to expend 5% of the total cost of the dwelling
with their own funding. This is not a total purchase subsidy program. Applicants whose
verified income falls within the specified income ranges as supplied by HUD will be
programmatically approved into the program and instructed to proceed with the following
program procedures. Program procedures include but are not limited to the following:


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-33
1)     Programmatic approval.
2)     Mortgage pre-qualification.
3)     Home search.
4)     Purchase offer submitted for home selected.
5)     Purchase offer accepted for home selected.
6)     Town of Hamburg home/lead inspection and appraisal.
7)     Town of Hamburg home/lead inspection and appraisal reports sent.
8)     Required repairs and lead based paint abatement completed, (if necessary).
9)     Town of Hamburg re-inspection(s).
10)    Town of Hamburg dwelling approval after all inspections has been passed.
10)    Conditional Grant Commitment issued to client.
11)    Conditional Grant Commitment signed, notarized and returned to the Town of
       Hamburg by client.
12)    Attorney/Bank correspondence sent and required documentation received by
       client’s attorney.
13)    Homebuyer counseling course completed.
14)    Grant funding requested.
15)    Home closing scheduled.

In addition, per the Hometown Housing Program rules and regulations, a mandatory live-
in requirement of ten (10) years accompanies the conditional grant. The program is for
first-time homeowners with up to ten thousand dollars conditionally granted for mortgage
principal reduction only. If a home is sold or transferred or the title is changed (including
quit claim deeds) within the ten year live-in period, the grant funding must be paid back
in full. Also, the home must be the principal place of residence for the grant recipient (s)
or the grant funding must be repaid in full.

This program has been extremely successful since its inception in the 1998 Program
Year. To date over 250 households have become homeowners through this program.

Five-Year Goal:        125 households assisted.

Annual Goal:           25 households assisted

Source of Funds: Conditional grants of $10,000 per household are approved under
this program. HOME funds are expected to be available though the Erie County HOME
Consortium.

New Construction Homebuyer Program. Continuation of the New Construction
Homebuyer Program will depend on availability of funding, site availability and cost of
construction. Building sites have not yet been identified, but are continually being
investigated by the Town of Hamburg Department of Community Development and other
entities including builders and developers. It is assumed that three households over the
five-year period could be assisted.

Applicants are selected on a first-come, first-served basis based upon receipt of a
mortgage commitment from a financial institution covering the necessary amount as
required for the dwelling being constructed through the program. Although one unit of


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                    page H-34
new construction per year is planned, meeting this schedule will be contingent upon
securing affordable sites and feasible construction costs.

Five-Year Goal:           Five households assisted.

Annual Goal:              One household assisted per year.

Source of Funds: Conditional grants of $25,000 per household are approved under
this program. (See explanation of conditional grant above). Funds are expected to be
available though the HOME for a total of five units.

Rehabilitation of existing low income owner occupied housing. CHAS data and
market experience indicate that there is a continuing need to provide low interest loans
to homeowners to help them rehabilitate their homes. CHAS data indicates that 53
percent of the low- and moderate-income elderly and family households who are cost
burdened are homeowners. Of these 1,767 households, 53 percent are elderly
households. In addition, 70 percent of the owner households that are very low- and low-
income are elderly households. Although they may have become homeowners over
time, reduced income in retirement has made it more difficult for them to be able to
maintain their homes. Detailed tracking data by the Hamburg Community Development
Department for 2006-2008 shows that 52 percent of the elderly owner households that
received low interest rehabilitation loans had incomes below the 31st percentile.

By contrast, CHAS data indicates that 70 percent of the low/moderate income elderly
and family owners with incomes in the 51st to 80th percentile were families. This was
reflected in the tracking data that showed 65 percent of the owner families receiving
rehabilitation loans were above the 50th income percentile. Moreover, 70 percent
percentage were non-elderly loans were made to female-headed households.

                                                  Under
      Homeowner              Total     Total                  31-50% of   51-65% of   66-80% of
                                                 31% of
   rehabilitation loans     number    percent                  median      median      median
                                                 median
       2006-2008           reported    dist.                   income      income      income
                                                 income

Elderly                          23     100.0%        52.2%       8.7%       21.7%       17.4%
Nonelderly                       20     100.0%        10.0%      25.0%       35.0%       30.0%
Total                            43     100.0%        32.6%      16.3%       27.9%       23.2%


This will be a continuation of the town’s housing rehabilitation program that has been
effectively utilized in the past. The program is important for maintaining the condition of
the housing stock. As noted with Figure 4H within the Villages of Blasdell and Hamburg,
about half of the housing stock was built prior to 1950. Although only 20 percent of the
housing stock outside the village was built prior to 1950, the absolute number exceeds
the older stock in the villages combined.

In addition, nearly one-third of the housing units within the Villages are occupied by
households headed by individuals age 65 or over. Although 22 percent of the household
in the town outside villages are occupied by household age 65 or more, the absolute
number, 3,940 households, was more than twice that of the villages. Many homes are

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                        page H-35
occupied by senior citizens who have limited incomes; the rehabilitation loan program
will allow them to remain in their homes. Moreover, the percentage of persons age 60
and over in the Town of Hamburg has increased from 19.2 percent as of the 2000
Census to an estimated 20.4 percent as of 2007.

There is also need for rehabilitation loans for non-elderly households. Nearly one-half
the rehab loans made under the current Consolidated Plan were to non-elderly
households.

As evidenced by the distribution of the loans, there is demonstrated need for rehab loans
throughout the Town. Two-thirds of all the owner rehab loans were made in the town
outside of the villages. Seventy-eight percent of the owner occupied units are located in
the town excluding the villages.

Depending on income, loans are available at interest rates from zero to 6 percent as
shown below.

Loan terms      Eligibility Criteria for homeowner rehab loans
0% Loan         Income at 50% or less of median income by family size
3% Loan         Income 51-65% of median income by family size
6% Loan         Income 66-80% of median income by family size

The Community Development Department has instituted an exception policy to the
above eligibility criteria that is evaluated on a case-by-case basis. This exception policy
is meant to assist clients who are in severe financial difficulty and own a home having
critical repair/rehabilitation needs and do not qualify under the Department’s standard
criteria for loan approval. Under the exception policy, a homeowner may qualify for a
transitional deferred loan for up to $7,500.

Loan amounts will be assigned by the Director of Community Development or his
designee based on an assessment of the financial conditions and repair and/or
rehabilitation needs of the applicant. The terms of the deferred loans are designed to be
flexible so as to assist the client as much as possible. However, the deferred term
cannot exceed three years from the commencement date of the loan. The loan
percentage rate shall be set at 3 percent for a term not to exceed seven years (10 year
loan including 3 year deferral). Each case shall be reviewed on its own merits and a
determination will be made by the Department of Community Development.

Although loans can be made for a variety or rehabilitation needs, most frequent use of
loans during the current Consolidated Plan has been for new roofs, furnaces and
windows. For all homes built after 1978, properties are inspected for lead based paint
hazards and remediation is undertaken where needed.

Benefits and Return on Investment. The value added of this program includes:

       At a reasonable cost, it enables low/moderate income senior citizens and other
       low/moderate income residents to remain in their homes now in upgraded sound


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-36
       condition and relieves pressure on alternative rental assistance or subsidized
       rental housing if they had to sell their homes.

       It also improves the housing stock and, where more concentrated, improves a
       particular street or neighborhood. With 75 percent of the housing stock in the
       town being owner occupied, the absolute number of units in need of rehab in the
       town is predominantly owner occupied.
       It has a spin-off benefit in terms of neighbors being more willing to invest in their
       own homes when a neighboring unit is upgraded.

       These no- or low-interest loans are ultimately recycled back into the CDBG
       program for further reuse within the programs. This has proven to be very
       effective in the continual funding stream of this program.

Mobile Home Rehabilitation Program. In 1999, the Town initiated a Mobile Home
Rehabilitation Program due to the fact that there are more than 2,000 mobile homes
located within mobile home parks in the Town of Hamburg. The bulk of these homes are
valued in the $20,000-25,000 range; many are older mobile homes occupied by low- or
moderate-income persons or households. In many cases, mobile home occupants have
aged in placed and are now senior citizen households.

As lot rents within mobile home parks have increased significantly, the ability to
complete simple rehabilitation projects for these low- and moderate-income mobile home
owners has become and continues to be extremely limited. Thus, the continuation of
this program will alleviate the further deterioration of these units and will allow residents
to reside in decent, safe and sanitary housing.

Depending on income, loans are available at an interest rate from zero to 6 percent as
shown below.

 Loan terms     Eligibility Criteria for mobile home rehab loans
 0% Loan        Income at 50% or less of median income by family size
 3% Loan        Income 51-65% of median income by family size
 6% Loan        Income 66-80% of median income by family size

Benefits and Return on Investment. The benefits of this program include:

       An improvement in the quality of the mobile home housing stock occupied by
       low- and moderate-income households, enabling them to continue to have a
       place to reside.

       These no- or low-interest loans are recycled back into the CDBG program for
       further reuse within the programs. This has proven to be very effective in the
       continual funding stream of this program.

Five-Year Goal:        25 assisted.

Annual Goal:           5 households assisted.

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                    page H-37
Source of Funds: Funds are expected to be available though the CDBG program from
both the letter of credit IDIS funds and/or the Housing Rehabilitation Program’s
Revolving Loan Fund (program income). Combined, the two funding sources can
handle the load required.

Comprehensive Housing Counseling. The Town of Hamburg will continue to contract
with Belmont Shelter to provide comprehensive housing counseling. Belmont will
provide services under several categories.

Financial Management will include financial management counseling toward the goal of
purchasing a new or existing home. Post-purchase counseling will also be available to
prevent bankruptcies and/or foreclosures after purchase. Counseling will be available
for rental housing including Section 8 vouchers, etc. Credit counseling will be a
significant service under the contract so that applicants can move forward with making
applications to the town housing programs. Debt counseling and budget counseling will
be an available service.

More specifically, when underwriting housing loans or grants, the Community
Development Department may decide it is prudent to make referrals to the Belmont
Shelter for credit counseling, debt counseling and/or budget counseling depending the
circumstances and needs of the client. For each instance and category of referral, a
minimum of two sessions must be held with the client with multiple sessions over the
long term if necessary. Completion certificate are required to be issued for client who
successfully complete the sessions as well as a written recommendation pertaining to
each specific case. A separate record will be kept for each client. These procedures
help to ensure sound underwriting of loans and grants.

Other areas included under the contract are housing purchase counseling and rental
procedures, housing selection, homeownership management/property care, re-
certification of income, predatory lending, relief measures for mortgagors, legal
information and referrals to legal and relate resources and referrals to other related and
pertinent community resources.

Comprehensive Fair Housing Services. The Town of Hamburg will continue to
contract with Housing Opportunities Made Equal (HOME) to provide comprehensive
services for victims of housing discrimination residing within the Town well as others who
may encounter discrimination while seeking housing within the Town. These services
include recording and investigation of reported incidents of discrimination, paralegal
counseling for bias victims, client advocacy to conciliate validate complaints, preparation
for legal action, and referrals to resource agencies as well as emotional support for bias
victims.

HOME will coordinate with the Department of Community Development to establish
regular monthly hours for on-site availability in the Town of Hamburg. Educational and
training presentations will also be provided.

Minority Home Ownership. Under the Consolidated Plan, the Town of Hamburg
expects to provide the opportunity for 130 low- and moderate-income households to

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-38
become homeowners through its Hometown Housing Program. In its promotion of the
homeownership programs, the Town’s Community Development Department will make
special outreach efforts to encourage minority households to utilize its program and
become homeowners. These efforts will include the following specific outreach areas:

       Advertising of towns programs to certified minority publications. This will directly
       address out of town clients to take a look at the possibility of trying to move to a
       suburb rather than continually dwell within the main city areas.

       Direct outreach and communication with minority groups and especially minority
       housing groups such as the Buffalo Urban League. By completing this aspect,
       an informal process will begin to let minority clients know via word of mouth in
       addition to print advertisements.

       Direct contact and outreach to the area Mobility Center and other known Housing
       and Fair Housing Agencies. By completing this step, the mobility counselors
       and/or the Housing or Fair Housing Agencies will be able to expand on their
       current knowledge of the town’s programs and could direct minority clients
       toward the towns programs.

As of the 2000 Census, there were 1,163 minorities residing in the Town of Hamburg,
accounting for 2.1 percent of the population. As of 2007, it is estimated that the minority
population has increased to 1629 persons or 2.9 percent of the total 2007 population
estimate. In 2000 there were 361 minority households or 1.6 percent of all households.
Forty-five percent or 161 of the minority households were renters. Based on the
foregoing initiatives, the Community Development Department anticipates a reasonable
goal of homeownership for minorities to be eight households which equates to
approximately six percent of its total first-time homebuyer program goal.

Priority Non-Housing Community Development Needs and Objectives

Community development and economic development goals are listed in Table 2C.
Information and analysis in support of those goals is as follows:

Infrastructure Improvements. During the 2010-2014 Consolidated Plan period, the
Town of Hamburg and the Villages of Blasdell and Hamburg will continue to target and
expend funds for infrastructure projects. Both the Villages of Blasdell and Hamburg
have chosen and will continue to choose projects that address the aging infrastructure
within the villages.

As part of the planned transfer of waterlines to the jurisdiction of the Erie County Water
Authority, the Villages are required to have aging waterlines replaced prior to that
transfer. This has been an infrastructure priority by Villages during the current
Consolidated Plan. It will require funding of waterline projects in the Villages over the
next two years to complete this replacement. Specific projects chosen by both of the
Villages are to replace target area existing old four-inch waterlines with new eight-inch
water lines. The larger lines will increase water pressure for residents of these target
areas.


Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                   page H-39
With the anticipated completion of water lines, the Villages are expected to concentrate
on the need for street repairs and paving beginning in 2012.

Assistance and Counseling to Victims of Domestic Violence. This needed program
was begun in April 2003 and has been funded through the use of both CDBG funds and
Town budget allocations. The Town has a full-time Domestic Violence Advocate who
provides assistance and counseling to victims of domestic violence. In 2008, the Office
served a total of 462 new clients, an increase from 388 in 2007. Although 95 percent of
the domestic violence calls come through the Town Police Department, which makes the
initial response and/or investigation, follow-up is handled by the Domestic Violence
Advocate. In addition, the Advocate conducts awareness and outreach activities.
Additional information on the Domestic Violence program is contained in the Special
Population Needs section of the Hamburg portion of the Consolidated Plan.

Support Services for Technology Center for Seniors. The Technology Center for
Seniors, which was built contiguous to the new Elm Housing senior citizen development,
is now complete. Current funding resources will be used to purchase computers,
computer stations, and other needed equipment. The Center will become fully
operational during 2010. CDBG funds will be used to provide support services including
the cost of training by instructors, computer software, and technical computer support
and maintenance. The Center and its programs will be continuation of the long term
broader goal by the Town and the Community Development Department to provide
services to the growing senior population and help them to continue to live and function
independently.

Additional information of the Technology Center program is contained in the Special
Population Needs section of the Hamburg portion of the Consolidated Plan.

Loan Funds for Job Creation. The Hamburg Town Board has chosen to continue the
relationship between the Town of Hamburg and the Hamburg Development Corporation
(HDC) for economic development services. The HDC has a loan program for job
creation and/or retention activities which must be targeted to low- and moderate-income
persons when utilizing CDBG funds. In 2008, a consultant was retained and together
with HDC has created a new loan program application with all new loan documents,
including new reporting forms, and also assisted HDC and the Department of
Community Development with regard to rules, regulations and lending policies. Funding
for HDC loans is through the use of program income from loan repayments from existing
loans.

Other Objectives

Administration. Objective CD-7 will be the continued use of CDBG funds for
administration of the CDBG and HOME programs. Additionally, funds will be used to
pay for the update of major documents such as the Fair Housing Impediment Study and
other planning documents that may be needed or required.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                page H-40
Barriers to Affordable Housing

The Town of Hamburg addresses the concept of barriers to affordable housing in several
different ways. First and foremost, the Town of Hamburg Department of Community
Development has completed the three-page questionnaire which is part of this Five-Year
Consolidated Plan. Please see the appendix for this questionnaire and the answers to
specific questions pertaining to barriers to affordable housing.

Fair Housing

The Town of Hamburg offers, at no charge to its residents, specialized comprehensive
housing and financial counseling services. This is available for all residents of the
township including the Villages of Blasdell and Hamburg. These services include
budget, credit and debt counseling, homeownership certification classes for the Town’s
First Time Homebuyer programs, seminars on purchasing a home, renting an apartment,
upkeep of property and many other areas of importance to its residents. The Town also
offers at no charge to its residents comprehensive fair housing services through an
annual service contract with Housing Opportunities Made Equal (HOME), Inc. This
separate contract provides services such as:

   recording and investigation of reported incidents of discrimination,
   paralegal counseling for bias victims,
   client advocacy to conciliate validated complaints
   preparation of cases for legal action and referrals to resource agencies as well as
   emotional support for bias victims,
   paralegal counseling to aid in the resolution of landlord-tenant disputes, and
   information on fair housing laws (including the Town’s fair housing law) for landlords,
   tenants, home seekers and real estate agents, and copies of fair housing brochures
   for distribution within the Town.

HOME also provides general housing or human service information and referrals;
conducts educational presentations for the Hamburg Town Board and Town residents on
fair housing law and other matters deemed advisable; conducts in-service training
sessions on federal, state and municipal fair housing laws; and provides technical
assistance to the Department of Community Development on matters related to fair
housing including all of the Town’s Hometown Housing programs.

Since its last Five-Year Consolidated Plan, the Town of Hamburg through its Department
of Community Development has completed the following two major projects pertaining to
fair housing:

       An update of the Town of Hamburg Fair Housing Law. The Town of Hamburg
       Department of Community Development worked in conjunction with Housing
       Opportunities Made Equal and with the Town of Hamburg Legal Department to
       upgrade and update the Town’s Fair Housing Law. See appendix for a copy of
       the Fair Housing Ordinance.

       The Town of Hamburg Department of Community Development just recently
       completed an update to its 2005 Analysis of Impediments to Fair Housing Study.

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-41
       Based upon the new study, a number of issues will be addressed that directly
       relates to this area. See appendix for a copy of the draft document.

Affirmative Marketing

The Town of Hamburg will continue what has been its extremely pro-active procedures
for marketing all of its programs and business opportunities to all persons/firms. The
Town of Hamburg has always gone above and beyond what is required in this regard so
as to ensure full compliance within this area. Some of these steps are listed below
within the outreach procedures, and include such means as specifically locating
minority- and women-owned businesses for solicitation during bidding procedures (see
appendix for the Town’s policy on Minority and Women Business Enterprise
Participation). Other means to this end are to specifically target minorities for housing
projects associated with the Town. In the past, the Town of Hamburg has worked
closely with Housing Opportunities Made Equal (HOME) Inc., a local fair housing
organization, in this regard. Some examples of this cooperation are:

       When the Town of Hamburg developed and had built its first two affordable
       housing subdivisions, the Town worked cooperatively with Housing Opportunities
       Made Equal, Inc. (HOME) to ensure that the subdivisions and the subsequent
       housing opportunity was marketed directly through specific channels accessed
       by minorities. This combined with targeted print and radio advertising on
       predominantly minority print and radio stations ensured a larger minority
       participation in the application and home selection aspect of these programs.
       After the marketing of the affordable housing projects, the application intake was
       also monitored to ensure affirmative marketing procedures.

       The Town of Hamburg also targets its specific First Time Homebuyer programs
       to minorities in a fashion similar to the above. During its radio advertising
       campaign for the Town of Hamburg Department of Community Development’s
       First Time Homebuyer program, a specific minority radio station is targeted with
       ads so as to get a larger number of minority participants involved with the
       program. This has resulted in a significant amount of minority interest and
       participation in the First Time Homebuyer program as well as other programs
       offered by the Department of Community Development.

The Town of Hamburg contracts with HOME for Fair Housing and Fair Housing
Counseling activities. Over the past few years, the Town has greatly expanded the role
of fair housing and fair housing counseling services for its residents.

Anti-Poverty Strategy

The Town of Hamburg continues to utilize its community development and housing and
funds to assist low and moderate income households and to mitigate the impact of
poverty. The Town has consistently supported the expansion of low-moderate income
housing in the Town as well as the use of housing vouchers as administered by the local
Public Housing Agency, Belmont Shelter Corporation.                  The nearly 1,100
individuals/families living in assisted housing or receiving rental assistance represents
approximately 19 percent of renter households within the Town of Hamburg.

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                 page H-42
Over the past five year Consolidated Plan period, the Town of Hamburg assisted
approximately 125 homeowners and mobile home owners with no/low interest loans to
rehabilitate their properties. It is anticipated that this figure of 125 housing units will be
close to what the Town of Hamburg will accomplish within this new Five Year Plan
period with its Housing and Mobile Home Rehabilitation programs. It is also anticipated
that with the Town of Hamburg’s emphasis on its First Time Homebuyer program that
approximately 150 renter households will have the opportunity to become first time
homebuyers.

Through the Hamburg Development Corporation, loans will continue to be made with
Community Development Block Grant (CDBG) funds and with previous loan recipients
repayments (program income). This assistance to for-profit entities creates new
employment through either new businesses or expansion of existing businesses. The
Town’s industrial parks contain numerous businesses with total employment reaching
over 2,000 persons. Additional sites are available for both new businesses and for
existing businesses who are interested in expansion opportunities. These businesses
are important both for the Town’s tax base as well as providing employment
opportunities for town residents.

Monitoring

The Community Development Department maintains a continual assessment of
operation to assure that projects are moving along in a timely manner and that
regulatory requirements are being addressed both in-house and by any sub-recipients
and contractors. Written procedures are in place for all of the housing programs
administered by the Community Development Department that assures proper eligibility
requirements are followed as well as compliance procedures to assure proper fund
distribution and accountability and on-site inspections that may be required.

As part of this process, the Community Development Department periodically assesses
the rate of expenditure of funds. For example the Town of Hamburg’s unexpended IDIS
Line of Credit (Community Development Block Grant balance) on hand at the end of
2008 Program Year was $492,816 or 1.06 grant years of funding on hand. This figure is
well below the regulatory limit of 1.50 grant years of funding on hand limit that is
associated with the Community Development Block Grant program. Based on progress
in the 2009 Program Year, it is anticipated that the Town of Hamburg will continue to
ensure that the expenditure rate continues below the mandatory 1.5 grant year funding
limitation. To be more specific, at the end of the 2009 calendar year, the Town of
Hamburg Department of Community Development was down to 1.10 grant years of
funding with another three months to be expended in the 2009 program year.

The Department of Community Development also receives its monthly Housing and
Mobile Home Rehabilitation Loan Program payments directly from the individual loan
holders.    Each client sends its loan payment to the Community Development
Department who records each check into the payment schedule of each loan client. In
addition, the name of the borrower, check date and number as well as the check amount
are recorded on an Excel spreadsheet and turned over weekly to the Town Finance
office. The Town of Hamburg Finance Office also keeps a separate record of each

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                     page H-43
borrower and records loan payments monthly into its own loan payment schedules. This
double-check of the financial records ensures that said records and figures will be
correct and the chance of mistakes becomes reduced significantly.

The Town of Hamburg also receives HOME funds as a member of the Erie County
HOME Consortium. The County of Erie is the Participating Jurisdiction for the HOME
grant and therefore is charged with administering the administrative and funding portions
of the HOME program. The Town of Hamburg Department of Community Development
cooperates with Erie County in assuring that the HOME program funds are requested in
a timely manner and that they are accounted for in a manner consistent with the
requirements of Erie County.

Performance Measurement Systems

Beginning with Program Year 2006, the Community Development Department has
utilized Excel software to track participation under the Homeowner Rehab Program. The
tracking system provides a detailed profile of each applicant as well as providing
information on the rehabilitation loan for each applicant.

Among the data recorded for each applicant is family size, income, elderly, female-
headed household, ethnicity, and location by town or villages as well as Census tract.
Loan information includes whether house was built prior to 1978 and thus generating
lead base paint assessment, amount of loan, category of rehab activity, varied interest
rate for loan, term, and maturity date of loan. In large part, the details of the tracking
system parallels the hard copy application format, which facilitates the option of
recording data as the process occurs and minimizing review of files at a later date.

As was demonstrated in the Priority Housing Needs section, this tracking system
enabled the summarization of data by very low, low and low/moderate income as well as
percent of loans approved for elderly and non-elderly, including non-elderly female
heads of household. The data also provided direct linkage to interest rate that was
approved for each loan. Lead-based paint assessment performance was facilitated by
tracking whether the housing unit was built prior to 1978. Thus, the data is useful for
evaluating local performance and operations as well as providing a database for
information that needs to be reported in the IDIS system.




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-44
                                     Table 2A
         Priority Housing Needs/Investment Plan Table – Town of Hamburg

PRIORITY HOUSING NEEDS                             Priority        Unmet Need
(households)
                                                0-30%     High                      157
                Small Related                  31-50%     High                      175
                                               51-80%     High                      443
                                                0-30%     High                        10
                Large Related                  31-50%     High                        39
                                               51-80%     High                        14
Renter                                          0-30%     High                      276
                Elderly                        31-50%     High                      360
                                               51-80%     High                      107
                                                0-30%    Medium                     659
                All Other                      31-50%    Medium                     742
                                               51-80%    Medium                     370
                                                0-30%     High                      102
                Small Related                  31-50%     High                      120
                                               51-80%     High                      421
                                                0-30%     High                         4
                Large Related                  31-50%     High                        68
Owner                                          51-80%     High                      124
                                                0-30%     High                      256
                Elderly                        31-50%     High                      441
                                               51-80%     High                      231
                                                0-30%    Medium                     433
                All Other                      31-50%    Medium                     715
                                               51-80%    Medium                     881
                Elderly                         0-80%             See County Consortium
                Frail Elderly                  0-80%              See County Consortium
                Severe Mental Illness           0-80%             See County Consortium
Non-Homeless    Physical Disability             0-80%             See County Consortium
Special Needs   Developmental Disability        0-80%             See County Consortium
                Alcohol/Drug Abuse             0-80%              See County Consortium
                HIV/AIDS                       0-80%              See County Consortium
                Victims of Domestic Violence    0-80%             See County Consortium




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                        page H-45
                                             Table 2A
                 Priority Housing Needs/Investment Plan Goals – Town of Hamburg

                                      5-Yr.        Yr. 1        Yr. 2        Yr. 3          Yr. 4          Yr. 5
Priority Need                          Goal        Goal         Goal         Goal           Goal           Goal
                                     Plan/Act    Plan/Act     Plan/Act     Plan/Act       Plan/Act       Plan/Act
Renters
 0 - 30 of MFI
 31 - 50% of MFI
 51 - 80% of MFI
Owners
 0 - 30 of MFI                              30           6
 31 - 50 of MFI                             56          11
 51 - 80% of MFI                          144           28
Homeless*
 Individuals
 Families
Non-Homeless Special Needs
 Elderly
 Frail Elderly
 Severe Mental Illness
 Physical Disability
 Developmental Disability
 Alcohol/Drug Abuse
 HIV/AIDS
 Victims of Domestic Violence
Total
Total Section 215
 212 Renter
 215 Owner                                230           45

   * Homeless individuals and families assisted with transitional and permanent housing




   Erie County CDBG Consortium and the Town of Hamburg
   2010-2014 Consolidated Plan and Annual Action Plan
   Town of Hamburg Five-Year Plan and Action Plan                                                    page H-46
                                                   Table 2A
                                 Priority Housing Activities – Town of Hamburg

Priority Need                                5-Yr.       Yr. 1      Yr. 2      Yr. 3      Yr. 4      Yr. 5
                                              Goal       Goal       Goal       Goal       Goal       Goal
                                            Plan/Act   Plan/Act   Plan/Act   Plan/Act   Plan/Act   Plan/Act
CDBG
Acquisition of existing rental units
Production of new rental units
Rehabilitation of existing rental units
Rental assistance
Acquisition of existing owner units
Production of new owner units
Rehabilitation of existing owner units           100         20
Homeownership assistance
HOME
Acquisition of existing rental units
Production of new rental units
Rehabilitation of existing rental units
Rental assistance
Acquisition of existing owner units
Production of new owner units
Rehabilitation of existing owner units
Homeownership assistance                         130         25
HOPWA
Rental assistance
Short term rent/mortgage utility payments
Facility based housing development
Facility based housing operations
Supportive services
Other




        Erie County CDBG Consortium and the Town of Hamburg
        2010-2014 Consolidated Plan and Annual Action Plan
        Town of Hamburg Five-Year Plan and Action Plan                                      page H-47
                                                   Table 2B
                           Priority Community Development Needs – Town of Hamburg

                                          Priority    Unmet      Dollars to     5 Yr         Annual          Percent
Priority Need                            Need Level   Priority   Address        Goal           Goal           Goal
                                                       Need        Need       Plan/Act       Plan/Act       Completed
Acquisition of Real Property                Low                                   0             0
Disposition                               Medium                   $10,000      $10,000             0
Clearance and Demolition                    Low                                       0             0
Clearance of Contaminated Sites             Low                                       0             0
Code Enforcement                          Medium                                      0             0
Public Facility (General)
 Senior Centers                           Medium                                      0             0
 Handicapped Centers                        Low                                       0             0
 Homeless Facilities                        Low                                       0             0
 Youth Centers                              Low                                       0             0
 Neighborhood Facilities                    Low                                       0             0
 Child Care Centers                         Low                                       0             0
 Health Facilities                          Low                                       0             0
 Mental Health Facilities                   Low                                       0             0
 Parks and/or Recreation Facilities       Medium                                      0             0
 Parking Facilities
 Tree Planting                            Medium                                      0             0
 Fire Stations/Equipment                    Low                                       0             0
 Abused/Neglected Children Facilities       Low                                       0             0
 Asbestos Removal                           Low                                       0             0
 Non-Residential Historic Preservation    Medium                                      0             0
 Other Public Facility Needs                 -                            -              -              -
Infrastructure (General)
 Water/Sewer Improvements                  High                  $1,250,000   $1,000,000     $250,000
 Street Improvements                      Medium                  $250,000     $250,000             0
 Sidewalks                                  Low                                       0             0
 Solid Waste Disposal Improvements          Low                                       0             0
 Flood Drainage Improvements              Medium                  $250,000            0             0
 Other Infrastructure                        -                            -           0             0
Public Services (General)
 Senior Services – Technology Center       High                   $150,000     $150,000       $25,000
 Handicapped Services                       Low                                       0             0
 Legal Services                             Low                                       0             0
 Youth Services                            High
 Child Care Services                        Low                                       0             0


         Erie County CDBG Consortium and the Town of Hamburg
         2010-2014 Consolidated Plan and Annual Action Plan
         Town of Hamburg Five-Year Plan and Action Plan                                         page H-48
                                       Priority    Unmet      Dollars to     5 Yr      Annual        Percent
Priority Need                         Need Level   Priority   Address        Goal        Goal         Goal
                                                    Need        Need       Plan/Act    Plan/Act     Completed
 Transportation Services                High                                       0           0
 Substance Abuse Services                Low                                      0            0
 Employment/Training Services            Low                                      0            0
 Health Services                         Low                                      0            0
 Lead Hazard Screening                  High                   $125,000    125 units     25 units
 Crime Awareness                         Low                                      0            0
 Fair Housing Activities                High                   $125,000    $125,000     $25,000
 Comprehensive Housing Counseling       High                   $100,000    $100,000     $15,000
 Domestic Violence/Battered Spouses     High                   $100,000    $100,000     $20,000
Economic Development (General)
 C/I Land Acquisition/Disposition        Low                                      0            0
 C/I Infrastructure Development        Medium                                     0            0
 C/I Building Acq/Const/Rehab            Low                                      0            0
 Other C/I                                -                            -          0            0
 ED Assistance to For-Profit           Medium                  $375,000    $375,000     $75,000
 ED Technical Assistance                 Low                                      0            0
 Micro-enterprise Assistance             Low                                      0            0
Other –                                   -           -




          Erie County CDBG Consortium and the Town of Hamburg
          2010-2014 Consolidated Plan and Annual Action Plan
          Town of Hamburg Five-Year Plan and Action Plan                                  page H-49
                                        Table 2C
         Summary of Housing and Community Development Objectives, Town of Hamburg
                                                                                     Expected Annual
Objective                                                          Performance                           Outcome/ Source of
                                 Objectives                                          Output (5 Output (1
Identifier                                                           Measure                             Objective Funds
                                                                                      years)    year)
                                                              HOUSING
             Rental Housing
             No specific objective for rental housing
             development or rehabilitation. See H-1 goal for
             first time home-buyer program to assist renters to
             become homeowners.
             Owner Housing
             Provide grants to current renters to become first   Number of housing                                     CDBG,
   H-1                                                                                        125         20   DH-2
             time home buyers of existing homes                  units assisted                                        HOME

             Provide grants to current renters to become first   Number of housing                                     CDBG,
   H-2                                                                                          5          1   DH-2
             time home buyers of new construction homes.         units assisted                                        HOME

             Rehabilitation of existing low income owner-        Number of housing                                     CDBG,
   H-3                                                                                         75         15   DH-3
             occupied housing,                                   units assisted                                        HOME

                                                                 Number of housing                                     CDBG,
   H-4       Rehabilitation of owner occupied mobile homes                                     15          4   DH-3
                                                                 units assisted                                        HOME
             Other Housing Goals
                                                            Number of
   H-5       Comprehensive housing counseling services      households                        500        100   DH-2    CDBG
                                                            assisted
   H-6       Fair housing counseling                        Persons served                    250         50   DH-1    CDBG
                                                   COMMUNITY DEVELOPMENT
             Infrastructure
             Street reconstruction in low/mod areas of Village   Linear feet of road 1500 linear
  CD-1                                                                                               0         SL-3    CDBG
             of Blasdell                                         improvements           feet
                                                                 Linear feet of
             Water line reconstruction in low mod area of                            1500 linear 750 linear
  CD-2                                                           water line                                    SL-3    CDBG
             Village of Blasdell                                                        feet       feet
                                                                 construction
             Street reconstruction in low/mod areas of Village   Linear feet of road 1500 linear
  CD-3                                                                                               0         SL-3    CDBG
             of Hamburg                                          improvements           feet
                                                                Linear feet of
             Water line reconstruction in low/mod areas Village                      1500 linear 750 linear
  CD-4                                                          water line                                     SL-3    CDBG
             of Hamburg                                                                 feet       feet
                                                                construction
             Public Service
             Domestic violence: Continuation of program to
  CD-5                                                          Persons served         2,000        400        DH-1    CDBG
             assist victims of domestic violence
             Technology Center for seniors: Provide support
  CD-6                                                          Persons served         2,000        400        SL-1    CDBG
             services for newly built technology center.
             Economic Development
                                                                Number of jobs
  ED-1       Loan funds for job creation                                                 25          5         EO-1    CDBG
                                                                created
             Other
             Planning - Continue funds for program
  CD-9       administration and planning, fair housing, L/M                                                            CDBG
             income surveys.




         Erie County CDBG Consortium and the Town of Hamburg
         2010-2014 Consolidated Plan and Annual Action Plan
         Town of Hamburg Five-Year Plan and Action Plan                                                        page H-50
TOWN OF HAMBURG
   FINAL 2010 ACTION PLAN
 APRIL 1, 2010 - MARCH 31, 2011




  HAMBURG TOWN SUPERVISOR
       Steven J. Walters

 HAMBURG TOWN COUNCIL MEMBERS:
          Joseph A. Collins
        Jonathan G. Gorman
          Kevin S. Smardz
           Amy J. Ziegler


DEPARTMENT OF COMMUNITY DEVELOPMENT
         Christopher Hull, Director




                                      page H-51
                           Consolidated Action Plan

In determining its funding uses for the 2010 program year, the Town of Hamburg
Department of Community Development estimated the grant funding and then utilized its
normal review process including all Citizen Participation Plan policies which included the
Town’s Citizens Advisory Committee. Submitted on February 12, 2010, this Final 2010
Consolidated Action Plan includes public hearing comments and correspondence
received, if any, during the Draft Consolidated Action Plan’s thirty-day public review
period. This standard thirty-day process allows citizens to review the draft document
and recommend changes.

The required thirty-day public review and comment period for the Draft Consolidated
Action Plan was held from January 11, 2010 through February 10, 2010. After this
public comment period, the Final Consolidated Action Plan for the 2010 Fiscal Year will
be submitted, on or about February 12, 2010, to the U.S. Department of Housing and
Urban Development (HUD) for review and approval. The time between February 12,
2010 and March 31, 2010 will be for HUD and the public to review the final document.
This period comprises forty-five (45) days, the required review time as directed by HUD
in its regulations for the program. Since the actual grant funding amounts are still
unknown at this time, there will have to be another submission to HUD for purposes of
applying for the CDBG and HOME grant funds. This submission will be called the
Revised Final Action Plan, and will be submitted after the specific grant allocations have
been determined.

Table 3A provides a summary of the projects planned for Action Year 2010, which are
identified individually in the Consolidated Plan Listing of Projects (Table 3). Projects
include a continuation of the rehabilitation loan program for homeowners, infrastructure
improvements in the Villages of Blasdell and Hamburg, funding for the Town’s Office of
Domestic Violence, funding to allow the Senior Technology Center to begin operation in
2010, and funding for Administration that includes salaries for Community Development
staff as well as housing counseling and fair housing counseling. Total CDBG and
HOME grants for 2010 are based upon past funding amounts pending final HUD
allocations for 2010.

The projects will utilize estimated CDBG Entitlement funds in the amount of $450,000 as
well as $200,000 in program income. In addition, the Village of Blasdell will be spending
$200,000 in local funds as well as an allocation of $125,000 in CDBG funds to
reconstruct a waterline. It is anticipated that the Town’s Community Development
Department will continue to receive funding for grants for first-time homebuyers through
the County’s HOME allocation. Based on past experience, this is likely to be about
$150,000.

Citizen Participation Process: Public Review and Comments

During the Draft and Final Consolidated Action Plan review periods, the Town of
Hamburg Department of Community Development made these documents widely
available for public comment. First and foremost, there were electronic versions of each
of the two plans (draft and final) on the Town of Hamburg’s website and on the Erie

Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                  page H-52
County website. Members of the public with Internet access had the ability to review
both versions of the documents. In addition, hard copies were made available at the
following locations:

       Hamburg Town Hall: Written versions were available for review at the Hamburg
       Town Clerk’s Office and the Town of Hamburg Supervisor’s Office; in addition,
       written and electronic versions were available at the offices of the Town of
       Hamburg Department of Community Development.

       Hamburg Public Libraries: Written and electronic versions were available at the
       Village of Hamburg and Lakeshore locations.

Notices of public hearings for the purpose of soliciting comments were printed in the
Buffalo News as well as local newspapers throughout Erie County. Specifically, the
Hamburg Sun printed a notice of the Town of Hamburg public hearing held on
Wednesday, January 27, 2010 at 7:00 p.m. in Conference Room #3 of Hamburg Town
Hall. This hearing was attended by two people who were looking for waterline
replacement locations for 2010 projects. Two other public hearings were held, one at
Lancaster Town Hall on Monday, January 25th at 7:00 p.m. and the other at
Lackawanna Public Libraries Community Room at 6:30 p.m. on Thursday, January 28th.
No comments were received at either of these two hearings, nor were any written
comments received by the Town.

If you have any questions about this 2010-2014 Final Consolidated Plan, the 2010 Final
Action Plan or the Draft Analysis of Impediments to Fair Housing study completed for the
Town of Hamburg, please contact:

                                  Town of Hamburg
                       Department of Community Development
                               6100 South Park Avenue
                              Hamburg, New York 14075
                                   (716) 648-6216
                    e-mail: communitydev@townofhamburgny.com
                             www.townofhamburgny.com




Erie County CDBG Consortium and the Town of Hamburg
2010-2014 Consolidated Plan and Annual Action Plan
Town of Hamburg Five-Year Plan and Action Plan                                page H-53
                                        Table 3A
         Summary of Housing and Community Development Objectives - Town of Hamburg
                                    Action Year 2010

 Project                                                                                              2010 Action Year Outcome/
                                  Specific Objectives                           Source of Funds
Identifier                                                                                                  Goal       Objective
             Housing Objectives
                                                                                                        15 households
             Rehabilitation of existing low income owner-occupied housing,     Prog. Inc.: $50,000                               DH-3
2010-004                                                                                                   assisted
             Infrastructure Objectives
                                                                                                       750 linear feet of
             Reconstruction of 8-inch water line in low/mod area of the         CDBG: $125,000
2010-002                                                                                                  water line             SL-3
             Village of Blasdell                                                Other: $300,000
                                                                                                         construction
                                                                                                      1,000 linear feet of
             Reconstruction of 8-inch water line in low/mod areas of the
2010-003                                                                        CDBG: $150,000            water line             SL-3
             Village of Hamburg
                                                                                                         construction
             Public Service Objectives
             Domestic violence: Continuation of program to assist victims                                   400 persons
                                                                                 CDBG: $25,000                                   DH-1
             of domestic violence.                                                                            served
2010-006
         Technology Center for Seniors: Provide support services for                                        250 persons
                                                                                 CDBG: $25,000                                   SL-1
2010-005 newly built technology center.                                                                       served
         Economic Development Objectives
             Loan funds approved by the Hamburg Development                      CDBG: $50,000
2010-007                                                                                                5 jobs created           EO-1
             Corporation for job creation                                      Prog. Inc.: $125,000
         Other Objective
         Planning & Administration - Staff administration, fair housing         CDBG: $75,000
2010-001                                                                                                         -                -
         and counseling services                                               Prog. Inc.: $25,000

Prog. Inc. = Program Income derived from rehabilitation loan repayments and HDC business loan repayments.




         Erie County CDBG Consortium and the Town of Hamburg
         2010-2014 Consolidated Plan and Annual Action Plan
         Town of Hamburg Five-Year Plan and Action Plan                                                              page H-54
                                                 Table 3B
                      Annual Affordable Housing Completion Goals – Town of Hamburg

Grantee Name: Town of Hamburg       Expected Annual    Actual Annual     Resources used during the period
                                    Number of Units   Number of Units
Program Year: 2010                  To Be Completed     Completed       CDBG   HOME       ESG       HOPWA
BENEFICIARY GOALS
(Sec. 215 Only)
  Homeless households
 Non-homeless households
 Special needs households
Total Sec. 215 Beneficiaries*
RENTAL GOALS (Sec. 215 Only)
 Acquisition of existing units
 Production of new units
 Rehabilitation of existing units
 Rental Assistance
Total Sec. 215 Affordable Rental
HOME OWNER GOALS
(Sec. 215 Only)
  Acquisition of existing units
 Production of new units
 Rehabilitation of existing units                20
 Homebuyer Assistance                            26
Total Sec. 215 Affordable Owner
COMBINED RENTAL AND
OWNER GOALS (Sec. 215 Only)
 Acquisition of existing units
 Production of new units
 Rehabilitation of existing units                20
 Rental Assistance
 Homebuyer Assistance                            26
Combined Total Sec. 215 Goals*                   46
OVERALL HOUSING GOALS
(Sec. 215 + Other Affordable
Housing)
  Annual Rental Housing Goal
 Annual Owner Housing Goal                       46
Total Overall Housing Goal                       46



           Erie County CDBG Consortium and the Town of Hamburg
           2010-2014 Consolidated Plan and Annual Action Plan
           Town of Hamburg Five-Year Plan and Action Plan                               page H-55
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  N/A

  Project Title
  Program Planning and Administration

  Project Description
  Funding for annual program planning and administrative activities including the following:

  Salaries of staff "Community Development Assistant", "Community Development Aide" and other
  Community Development staff as needed. Administrative funding is also utilized for contracted
  purposes, program supplies, professional equipment, required travel, public information and fair
  housing activities. $75,000 of the total $100,000 will be from 2010 CDBG Line of Credit Funds, while the
  remaining $25,000 will be from Revolving Loan Program Income funds.




 Location
 6100 and 6122 South Park Avenue, Hamburg, NY 14075 (Hamburg Town Hall)


  Objective Number                     Project ID
                                       0001                                      Funding Sources:
  HUD Matrix Code                      CDBG Citation                             CDBG                                $75,000
   21 A                                570.206                                   ESG
  Type of Recipient                    CDBG National Objective                   HOME
                                                                                 HOPWA
  Start Date                           Completion Date (mm/dd/yyyy)              Total Formula
  (mm/dd/yyyy)                         03/31/2011                                Prior Year Funds
   04/01/2010                                                                    Assisted Housing
  Performance Indicator                Annual Units                              PHA
                                                                                 Other Funding                       $25,000
  Local ID                             Units Upon Completion                     Total                               $100,000
   2010-001


The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Village of Hamburg Waterline Reconstruction

  Project Description
  Provision of PY 2010 CDBG Line of Credit funds for the Village of Hamburg. Funding to be utilized for
  the replacement of old 4" waterlines with new 8" waterlines including valves, apputenances, etc. along
  portions of Center Street not already completed, Woodview Avenue and Woodview Court. It is
  anticipated that 1,000 linear feet of waterlines will be reconstructed with the 2010 funds. This is the final
  year of this planned multi-year waterline reconstruction project for the Village of Hamburg. Census
  tract 134.0 Block Group 3 (Exception Criteria).




  Location

  CT & BG's - CT 013400 BG 3


  Objective Number                     Project ID                                Funding Sources:
                                       0002                                      CDBG                                 $150,000
  HUD Matrix Code                      CDBG Citation                             ESG
  03J                                  570.201(c)                                HOME
  Type of Recipient                    CDBG National Objective                   HOPWA
                                       Low/Mod Area                              Total Formula
  Start Date                           Completion Date (mm/dd/yyyy)              Prior Year Funds
  (mm/dd/yyyy)                         03/31/2011                                Assisted Housing
  04/01/2010                                                                     PHA
  Performance Indicator                Annual Units                              Other Funding
                                                                                 Total                                $150,000
  Local ID                             Units Upon Completion
   2010-002                            1,000 LF



The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Village of Blasdell Waterline Reconstruction

  Project Description
  Provision of PY 2010 CDBG Line of Credit funds for the Village of Blasdell. Funding to be utilized for
  the replacement of old 4" waterlines with new 8"waterlines including valves, apputenances, etc. along
  McGurk Avenue. It is anticipated that 750 linear feet of waterlines will be reconstructed with the 2010
  funds. The Village of Blasdell would like to extend their Five Year Plan of waterline replacement project
  one more year so they can complete the remaining portion of McGurk Avenue in 2011. Census Tract
  128.0 Block Group 1 (Exception Criteria).




 Location
 CT & BG's           CT 012800 BG 1


  Objective Number                     Project ID
                                       0003                                      Funding Sources:
  HUD Matrix Code                      CDBG Citation                             CDBG                                $125,000
  O3J                                  570.201(c)                                ESG
  Type of Recipient                    CDBG National Objective                   HOME
                                       Low/Mod Area                              HOPWA
  Start Date                           Completion Date (mm/dd/yyyy)              Total Formula
  (mm/dd/yyyy)                         03/31/2011                                Prior Year Funds
   04/01/2010                                                                    Assisted Housing
  Performance Indicator                Annual Units                              PHA
                                                                                 Other Funding (VOB)                 $200,000
  Local ID                             Units Upon Completion                     Total                               $325,000
   2010-003                            750 LF


The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Housing Rehabilitation

  Project Description:

  During the 2010 Program Year, the Town of Hamburg Department of Community Development's
  Housing Rehabilitation program will utilize only new "Revolving Loan Funds" (RLF) to continue the
  successful annual program. In Program Year 2009, an amount of $125,000 was allocated to this program
  and therefore no further CDBG Line of Credit funds will be required for the program. It is anticipated
  that another fifteen to twenty residents will take advantage of this program in the 2010 program year.




  Location
  Community Wide


  Objective Number                     Project ID                                Funding Sources:
                                       0004                                      CDBG                                $
  HUD Matrix Code                      CDBG Citation                             ESG
  14A Rehab; Single-Unit               570.202                                   HOME
  Residential                                                                    HOPWA
  Type of Recipient                    CDBG National Objective                   Total Formula
                                       Low/Mod Housing                           Prior Year Funds
  Start Date                           Completion Date (mm/dd/yyyy)              Assisted Housing
  (mm/dd/yyyy)                         03/31/2011                                PHA
   04/01/2010                                                                    Other Funding (PI)                  $50,000
  Performance Indicator                Annual Units                              Total                               $50,000.00

  Local ID                             Units Upon Completion
   2010-004                            15 households



The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities        Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Senior Technology Center

  Project Description:
  Provision of Program Year 2010 CDBG Line of Credit funding to be combined with and utilized for the
  continuation of the Senior Technology public service program initiated for seniors. This public service
  project was first funded in the 2007 program year for senior citizens to enable them to have a separate
  site/location where they can come to learn about and utilize computers as well as the internet. This will
  be formatted similar to a library and a lab/classroom type setting. Senior citizens will only have to deal
  with people of their own age when learning and using the computer equipment. The funding will be
  utilized for the continuation of the program (payment for instructors, maintenance agreements for
  equipment, software programs, staff and also to pay for needed replacement equipment shall it become
  necessary).




 Location
 4122-B Sowles Road, Hamburg, New York 14075

  Objective Number                     Project ID                                Funding Sources:
                                       0005                                      CDBG                                $25,000.00
  HUD Matrix Code                      CDBG Citation                             ESG
   05A Senior Services                 570.201(e)                                HOME
  Type of Recipient                    CDBG National Objective                   HOPWA
                                       Low/Mod Clientele                         Total Formula
  Start Date                           Completion Date (mm/dd/yyyy)              Prior Year Funds
  (mm/dd/yyyy)                         03/31/2011                                Assisted Housing
   04/01/2010                                                                    PHA
  Performance Indicator                Annual Units                              Other Funding
                                                                                 Total                                $25,000.00
  Local ID                             Units Upon Completion
   2010-005                            250 People


The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Domestic Violence Program

  Project Description:
  Provision of Program Year 2010 CDBG Line of Credit funds to continue the Domestic Violence (Battered
  Spouse) public service program first initiated by the Town of Hamburg Department of Community
  Development. Funding to be utilized for full and part time staff, necessary supplies, equipment, utility
  payments, required travel and other allowable administrative , equipment, utilities, etc.




  Location
  6100 South Park Avenue, Hamburg, New York 14075


  Objective Number                     Project ID                                Funding Sources:
                                       0006                                      CDBG                                $25,000.00
  HUD Matrix Code                      CDBG Citation                             ESG
  05G Battered/Abused                  570.208(e)                                HOME
  Spouces                                                                        HOPWA
  Type of Recipient                    CDBG National Objective                   Total Formula
                                       Low/Mod Clientele                         Prior Year Funds
  Start Date                           Completion Date (mm/dd/yyyy)              Assisted Housing
  (mm/dd/yyyy)                          03/31/2011                               PHA
   04/01/2010                                                                    Other Funding
  Performance Indicator                Annual Units                              Total                                $25,000.00

  Local ID                             Units Upon Completion
   2010-006                            400 People



The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
  U.S. Department of Housing                                                                                        OMB Approval No. 2506-0117
  and Urban Development                                                                                                       (Exp. 8/31/2005)




                                                               Table 3
                                                 Consolidated Plan Listing of Projects

  Applicant’s Name Town of Hamburg

  Priority Need
  High

  Project Title
  Economic Development

  Project Description:
  During the 2010 Program Year, the Hamburg Town Board has requested the provision of Revolving
  Loan Funds (RLF) for the continuation of the Hamburg Development Corporation's (HDC) Business
  Development Fund. These funds are issued to for-profit businesses as loans for job creation/retention
  activities. The Hamburg Town Board wants $50,000 in CDBG Line of Credit funds as well as figuring on
  an additional $125,000 in Revolving Loan Funds (RLF) (program income) for the 2010 Program Year.




  Location
  Community Wide


  Objective Number                     Project ID
                                       0007                                      Funding Sources:
  HUD Matrix Code                      CDBG Citation                             CDBG                                $50,000
   18A ED Direct                        570.203(b)                               ESG
  Financial Assistance to                                                        HOME
  For Profits                                                                    HOPWA
  Type of Recipient                    CDBG National Objective                   Total Formula
   Subrecipient                        Low/Mod Jobs                              Prior Year Funds
  Start Date                           Completion Date (mm/dd/yyyy)              Assisted Housing
  (mm/dd/yyyy)                         03/31/2009                                PHA
   04/01/2009                                                                    Other Funding                        $125,000
  Performance Indicator                Annual Units                              Total                                $175,000

  Local ID                             Units Upon Completion
   2009-007                            5 Jobs


The primary purpose of the project is to help:   the Homeless   Persons with HIV/AIDS   Persons with Disabilities      Public Housing Needs
                                      Town of Hamburg
                     2010 One Year Action Plan Project Budgets
         Community Development Block Grant/Program Income/HOME Program


CDBG Line of Credit Funds:

Program Planning and Administration (CDBG)                         $ 75,000.00
Public Services; Domestic Violence                                 $ 25,000.00
Public Services; Senior Technology Center                          $ 25,000.00
Village of Hamburg; Waterline Reconstruction                       $150,000.00
Village of Blasdell; Waterline Reconstruction                      $125,000.00

TOTAL 2010 CDBG FUNDING AMOUNT:                                    $450,000.00



CDBG Anticipated Program Income Funds:

Housing Rehabilitation (Program Income)                            $ 50,000.00
Economic Development (Program Income Only)                         $125,000.00
Planning and Administration (Program Income)                       $ 25,000.00

TOTAL ANTICIPATED PROGRAM INCOME:                                  $200,000.00



2009 Home Investment Partnership Program (Town of Hamburg only):

Planning and Administration (Total)                                $ 19,720.00
(Hamburg Use)                                                      ($ 14,790.00)
[Erie County Use]                                                  [$ 4,930.00]

First Time Homebuyer “Existing Home” Conditional Grants            $140,000.00
Program Delivery                                                   $ 7,901.00
CHDO                                                               $ 29,580.00

TOTAL 2010 HOME FUNDING AMOUNT:                                    $197,200.00




TOTAL 2010 “DRAFT” ONE YEAR ACTION PLAN FUNDING:                   $847,200.00
Appendices
                                            APPENDIX A
                                         TOWN OF HAMBURG
                               ANTI-DISPLACEMENT & RELOCATION PLAN

        The purpose of this plan is to outline the Town of Hamburg’s plan to accommodate the displacement
and/or relocation of town residents resulting from projects that are a direct result of rehabilitation, demolition or
acquisition for a HUD assisted project where the displacement occurs on or after April 2, 1989. It is the
express intent of the Town of Hamburg to minimize displacement of individuals, families, businesses, non-
profit organization or farms. The Town of Hamburg recognizes that under some conditions temporary or
permanent relocation may occur.

       For this plan, the term “displaced person(s)” refers to the permanent and involuntary move of any
person, family, individuals, businesses, non-profit organizations or farm as a direct result of rehabilitation,
demolition or acquisition for a HUD assisted project where displacement occurs on or after April 2, 1989.

        Any person(s) that are to be displaced under this plan will be offered comparable decent, safe and
sanitary housing along with any payment required to make monthly payments similar to the previous dwelling.
The displaced person(s) can choose between a fixed rate for moving expenses or for actual moving expense
costs. The fixed rate will follow the moving expense costs. The fixed rate will follow the moving expense and
dislocation schedule as described under 49 CFR Part 24. The actual cost for moving and related expenses will
use HUD forms 40054 and 40055. Minimum costs will be those shown in 49 CFR Part 24, the Uniform
Relocation Assistance and Real Property Acquisition Regulations for federal and federally assisted programs;
Final Rule and Notice, as amended (if any).


Assistance provided to the displaced person(s) will include but not be limited to the following measures:

       1)      Provide a management and control system to prepare for displacement activity.

       2)      Provide a list of all available, comparable replacement dwellings prior to actual displacement.

       3)      Inform the person(s) who are to be displaced the fact that they will be displaced and provide a
               list of all such people.

       4)      Provide general written information to the displaced person(s) explaining to them their options,
               whether it be a payment or replacement housing. For each person(s) an individual case file shall
               be started. Said case file shall include the following:

               A)      Identification of person(s) along with the address from which they are being displaced,
                       their ethnicity and original date of occupancy.

               B)      Written notice of possible or actual displacement within the proper time constraints
                       allowable under this statute.

               C)      Evidence that timely written notice of eligibility for relocation assistance or comparable
                       replacement housing costs were provided.

               D)      Identification of relocation needs and preferences, dates of contacts, and what services
                       were provided.
                     E)         Specific documentation of any and all assistance given to the person(s).

          5)         Personal contact with the displaced person(s) shall be continued throughout the displacement
                     process including documentation of said contacts and the referrals to replacement housing along
                     with listing of maximum housing payments and all other related costs. If possible, said contacts
                     shall provide information on other programs or agencies that could also assist the person(s)
                     during this process.

          6)         Upon choice of benefit, the town will assist the person(s) in preparing and filing all claims, if
                     requested. In addition, the town assist in the filing and processing of the claims and make
                     payments promptly. Any complaints from the person(s) shall be addressed quickly and
                     equitably.

          7)         Upon completion of the above six (6) steps, the town will evaluate the process to determine the
                     effectiveness of said process. In addition, the town will follow up on all necessary actions.
                     Records and documentation of this shall be kept to ensure compliance with the laws and
                     regulations.



The following steps will be utilized to minimize and/or discourage displacement:

          1)         Phase rehabilitation activities to accommodate occupants by completing the repairs during times
                     when the person(s) is/are not at home (if possible).

          2)         Perform seasonal repairs such as furnace repairs or replacement during non essential heating
                     season months.

          3)         Expedite certain repairs such as plumbing repairs or replacement(s) to accomplish the work in
                     the shortest time frame necessary. This will include the delay of the start of the job to order parts
                     and receive said parts prior to job start-up.

          4)         Repairs to any rental units to be completed during periods of un-occupancy.

          5)         Ensure prior to the start of any project assisted with HUD funds a full examination has been
                     conducted pertaining to the possibility of displacement and/or relocation.

          6)         For the Lead Based Paint laws, the town will try to minimize the effects of the remediation
                     intrusion to the person(s) by scaling the remediation project to minimal, less invasive measures.
                     This is also true of any asbestos and mold issues brought to the attention of the town during its
                     inspection process.

          7)         For purchase of land projects, the town will to the extent possible avoid areas to purchase where
                     said purchase would displace or force the relocation of any person(s).

All measures detailed in the above Anti-Displacement and Relocation Plan will be reviewed on an bi-yearly
basis, unless for some specific reason or regulatory change causes an earlier review and change of said policy.


This policy was last updated June, 2009
                                         APPENDIX B
                                     TOWN OF HAMBURG
                         MINORITY BUSINESS ENTERPRISE PARTICIPATION


        The Town of Hamburg is committed to full and equal participation of Minority Business Enterprises in
all Department of Housing and Urban Development programs. The Town will follow the requirements of 24
CFR Part 85.36 (e)(1)(2)(I-vi) of the "Common Rule" as used with Community Development Block Grant
regulations. In addition Section 3 requirements will be utilized.

     The procedures stated below are designed to incorporate the requirements into the existing Town of
Hamburg Community Development Block Grant program.

A)     Assure that small and minority business and women's business enterprises are solicited whenever they
       are potential sources.

       1)     The Town will continue to publish bid notices in minority newspaper(s) and Dodge Reports.

       2)     The Town will identify minority and women's businesses to be solicited on a per project basis.
              To this end, the Town of Hamburg utilizes the New York State Directory of Certified Minority
              and Women-Owned Business Enterprises. This directory is internet based and will continue to be
              utilized for contractor solicitation. Direct searches can be completed in this regard for
              individual areas of expertise.

       3)     The Town will allow ample time within bidding procedures to allow minority publication(s) to
              publish the bid notices.

B)     Place qualified small and minority businesses and women's business enterprises on solicitation lists, if
       applicable.

       1)     The Town of Hamburg has developed and maintains a solicitation list for the Neighborhood
              Preservation Program (NPP). Participants are required to provide three (3) bids for any work to
              be completed under this program. The Town of Hamburg researched the above mentioned
              directory and compiled a list of minority and women owned business contractors. This list was
              combined with the current Neighborhood Preservation Program contractor list, and is sent to all
              participants of the program.

C)     Divide total requirements, when economically feasible, into small tasks or quantities to permit
       maximum participation by small and minority business and women's business enterprises. To this end
       the New York State Wicks Law will pertain.

       1)     The Town will structure proposed projects into tasks or quantities where ever possible in order to
              encourage minority participation.

       2)     The Town presently undertakes a percentage of its projects through force account labor. To this
              end, the Town will make every effort to solicit supplies from minority and women owned
              businesses on these projects.

D)     The Town will establish delivery schedules, where the requirements permit, which encourage
       participation by small and minority business and women's business enterprises.
E)     The Town will use the services and assistance of the Small Business Administration and the Minority
       Business Development Agency of the Department of Commerce.

       F)     Require the prime contractor, if subcontractors are to be let, to take affirmative steps.

       1)     The Town will request prime contractors to solicit minority subcontractors of at least 10% of the
              subcontracts to be let, if any. This will be requested in the original bid solicitation.


The Town of Hamburg will implement these procedures in order to ensure contribution to this objective. The
Town of Hamburg anticipates that the successful implementation of these procedures will result in at least one
significant (in excess of $10,000) contract, subcontract or economic development loan to a minority business
per program year.
                               APPENDIX C
                           TOWN OF HAMBURG
     FAIR HOUSING ORDINANCE; GENERAL CODE OF THE TOWN OF HAMBURG,
                       CHAPTER 109, FAIR HOUSING

Section 109 - 1: Policy: It is the policy of the Town of Hamburg to provide for fair housing
throughout the town.

Section 109 - 2: Definitions: As used in this chapter, the following words shall have the
meaning indicated:

DISABILITY: A disability is a physical or mental impairment which substantially limits one (1)
or more major life activities, a record of such an impairment or a condition regarded by others as
such an impairment.

MARITAL STATUS: Shall mean single, married, divorced, separated or widowed.

SOURCE OF INCOME:              Shall mean any income or source of rent payment from lawful
sources.

SEXUAL ORIENTATION: Shall mean                 heterosexuality,    homosexuality,     bisexuality   or
asexuality, whether actual or perceived.

ADVERTISING:         Shall mean printing, circulating, placing or publishing or causing to be
placed or published any written statement with respect to the availability for sale or rental of a
dwelling.

HOUSING UNIT:         Shall mean any building, structure, or portion thereof which is used or
occupied or is intended, arranged or designed to be used or occupied, as the home or residence of
one or more persons maintaining a common household.

Section 109 - 3: Unlawful Acts:       It shall be unlawful:

A:     To refuse to sell or rent or refuse to negotiate for the sale or to deny any dwelling to any
       person because of race, color, religion, sex, age, marital status, disability , national origin,
       source of income, sexual orientation or because the person has a child or children.

B:     To discriminate against any person in the terms, conditions or provision of services or
       facilities in connection with the sale or rental of a dwelling because of race, color,
       religion, sex, age, marital status, disability, national origin, source of income, sexual
       orientation or because the person has a child or children.
C:     To induce or attempt to induce any person to sell or rent any dwelling by representations
       regarding the entry or prospective entry into the neighborhood of a person or person of a
       particular race, color, religion, sex, age, marital status, disability, national origin, source
       of income, sexual orientation or because the person has a child or children.

D:     For a person offering residential property for sale or rent or anyone acting on behalf of
       such a person to print or circulate or cause to be printed or circulated any statement,
       advertisement or publication or to use any form of application for the sale or rental of a
       dwelling or to make any record or inquiry in connection with the sale or rental of a
       dwelling which expresses, directly or indirectly, any limitation, specification or
       discrimination as to race, color, religion, sex, age, marital status, disability , national
       origin, source of income, sexual orientation or because the person has a child or children.

       For purposes of this chapter, discrimination shall include (I) a refusal to permit, at the
       expense of a disabled person, reasonable modifications of existing premises occupied or
       to be occupied by such person if such modifications may be necessary to afford such
       person full enjoyment of the premises (except that, in the case of rental, the landlord may
       where it is reasonable to do so condition permission for a modification on the renter
       agreeing to restore the interior of the premises to the condition that existed before the
       modification, reasonable wear and tear excepted), and (ii) a refusal to make reasonable
       accommodations in the rules, policies, practices or services when such accommodation
       may be necessary to afford such person equal opportunity to use and enjoy a dwelling.

Section 109 - 4: Applicability: This chapter shall apply to all residential structures located
within the Town as well as land zoned for residential uses.

Section 109 - 5: Exemptions:

A:     The prohibitions of this chapter shall not apply to a religious institution or organization
       limiting the sale, rental or occupancy of dwellings which it owns or operates to persons of
       the same religion or giving preference to such persons, unless membership in such
       religion is restricted on account of race, color, religion, sex, age, marital status, disability,
       national origin, source of income, sexual orientation or because the person has a child or
       children.

B:     The prohibitions of his chapter against discrimination because of sex shall not apply to a
       residential building owned by a public body or by a private institution or organization and
       maintained, in whole or part, for the exclusive use of one (1) sex.

C:     The provisions of this chapter shall not apply to:

       1)      the rental of a housing accommodation in a building which contains housing
               accommodations for not more than two families living independently of each
               other, if the owner or members of his family reside in one of such housing
               accommodations and the rental has occurred without advertising,
       2)     to the restriction of the rental of all room in a housing accommodation to
              individuals of the same sex or,

       3)     to the rental of rooms in a housing accommodation if such rental is by the
              occupant of the housing accommodation or by the owner of the housing
              accommodation and he or members of his family reside in such housing
              accommodation,

       4)     solely with respect to age to the restriction of the sale, rental or lease of housing
              accommodations exclusively to persons fifty-five years of age or older.

Section 109 - 6: Enforcement:

A)     Filing of complaints:

       1)     The Town shall receive and investigate complaints under this chapter. The
              Supervisor shall designate the Director of Community Development of the Town
              to perform the function contained in this section and may also designate a not-for-
              profit fair housing organization to either assist the Director of Community
              Development in conducting investigations or to complete said function and
              investigations.

       2)     Any person or organization, whether or not an aggrieved party, may file with the
              Supervisor’s designee a complaint of a violation of this chapter.

       3)     The Supervisor’s designee may investigate individual instances and patterns of
              conduct prohibited by this chapter, even without a complaint from another person
              or organization, and may initiate complaints in connection therewith.

B)     Investigation. The Supervisor’s designee shall notify the accused party, in writing,
       within thirty (30) days of the filing of any complaint. The designee shall make a prompt
       investigation in connection with the complaint and within one hundred days after a
       complaint is filed, determine whether the Town has jurisdiction and, if so, whether there
       is probable cause to believe that the person named in the complaint (hereinafter referred
       to as the respondent), has engaged or is engaging in an unlawful discriminatory practice.
       If, during or after the investigation, the designee believes that appropriate action to
       preserve the status quo or to prevent irreparable harm is advisable, the designee shall
       advise the Town Attorney, in writing, to bring immediately in the name of the Town, any
       action necessary to preserve such status quo or to prevent such harm, including the
       seeking of temporary restraining orders and preliminary injunctions.

C)     Action:     If, at the conclusion of the investigation, the Supervisor’s designee shall
       determine that there is probably cause to credit the allegation of the complaint, the
       designee shall certify the matter to the Town Attorney, who shall institute proceedings in
       the name of the Town.
Section 109 - 7: Penalties for offenses:

A)     Any person found to have violated any provision of this chapter shall be subject to the
       following:

       1)      A fine of not more than five-thousand ($5,000) dollars for a first violation and not
               more than ten thousand dollars ($10,000) for a respondent adjudged to have
               committed any prior discriminatory housing practice. The Town may choose to
               designate a portion of any recovery to further the purposes of this chapter.

       2)      Revocation or suspension of any license or permit necessary for the operation of
               the dwelling unit in question.

       3)      Costs, expenses and disbursements incurred by the Town, necessary to obtain
               complete compliance by the respondent with the chapter; and /or Restraining
               orders and temporary or permanent injunctions necessary to obtain complete
               compliance with this chapter.

       4)      Each day a violation continues shall constitute a separate violation of this chapter.

       5)      The Town Attorney may institute criminal action to punish a violation of this
               chapter by imprisonment for a term not exceeding thirty (30) days if the above
               proceeding does not result in compliance with this chapter.

       6)      The Town may choose to designate a portion of any penalties recovered to further
               the purposes of this chapter including: further public information; the engagement
               of a fair housing agency or agencies to further promote fair housing activities
               within the town; the participation by the town in/with any other organization
               whose principal goal is to provide fair housing and/or housing counseling
               activities; the offset of any fees and/or expenses originated with the pursuit of this
               chapter.

Section 109 - 8: Court action:

Any person claiming to be aggrieved by an unlawful discriminatory practice as defined by
Section 109 - A - 3 of this chapter, shall have a cause of action in any court of competent
jurisdiction within one (1) year from the date of the occurrence for damages and such other
remedies as may be appropriate. The court may:

A)     Award actual damages, including but not limited to mental anguish, embarrassment and
       humiliation.

B)     Award punitive damages.

C)     Award reasonable attorney’s fees in the case of a prevailing plaintiff; and/or
D)     Grant as relief it deems appropriate any permanent or temporary injunction, temporary
       restraining order or other order. No bond shall be required prior to the issuance of
       injunctive relief.

Section 109 - 9: Other remedies:

Nothing in this chapter shall be construed to limit the rights of the complainant to pursue, at any
time prior to or after the filing of a complaint, any other remedies which the complainant may
have under the law of any state, the United States or any jurisdiction. Pursuit of one (1) or more
remedies available under this chapter shall not preclude the pursuit of any other remedy available
under this chapter.

Section 109 - 10: Education and promotion of housing goals:

Immediately after the enactment of this chapter, the Town shall commence educational activities
which will explain the law and help to promote the Town’s fair housing goals. Such activities
shall continue while this chapter remains in force.

A)     Housing providers or real estate brokers selling or renting twenty (20) or more dwelling
       units within a calendar year shall formulate an Affirmative Fair Housing Marketing Plan,
       which must be filed with the Director of Community Development or his designee. At
       minimum, such Affirmative Fair Housing Marketing Plans shall include: (a) a statement
       of non-discrimination and (b) a marketing plan designed to attract a diverse pool of
       applicants. The Town may require annual reports of housing providers’ compliance with
       their plans.

B)     Housing providers or real estate brokers selling or renting twenty (20) or more dwelling
       units within a calendar year shall be required to use the equal opportunity logotype on
       applications and marketing materials and to display in rental or real estate offices a public
       notice of equal opportunity housing.

Section 109 - 11: Expedition of proceedings: Any court in which a proceeding under this
chapter is instituted shall assign the case for hearing at the earliest practicable date and cause the
case to be in every way expedited.

Section 109 - 12: Construal of provisions: Nothing in this chapter shall be construed to
invalidate or limit any law of the state, the United States or any other jurisdiction that grants,
guarantees or protects the same rights granted, guaranteed or protected by this chapter.
                                              APPENDIX D
                             TOWN OF HAMBURG
                   DEPARTMENT OF COMMUNITY DEVELOPMENT
                 PROGRAM YEAR “2010" CITIZEN PARTICIPATION PLAN


     All Community Development Block Grant and Home Investment Partnership Program activities
     proposed by the Town of Hamburg through its Department of Community Development shall meet the
     requirements of the United States Department of Housing and Urban Development (HUD) as outlined in
     24 CFR Part 91 Subpart B (91.105). For these activities, the following citizen participation plan will be
     utilized.

I)   2010 Program Year Citizen Participation Plan:

     The Town of Hamburg is committed to having as much input and participation from its residents as
     possible when developing its plans, programs and activities that utilize federal funding. To this end, the
     Town of Hamburg Department of Community Development welcomes and openly solicits participation
     from its residents on all issues pertaining to its Community Development Block Grant (CDBG) program
     and the Home Investment Partnership (HOME) Program. In order to facilitate this participation from
     town residents (including the residents from the Villages of Hamburg and Blasdell), the Town of
     Hamburg Department of Community Development will follow this “Citizen Participation Plan” and any
     future updates to said plan that are required or necessitated.

     A)     Public Hearings:

            The Town of Hamburg Department of Community Development, prior to any public hearing
            held (either at Hamburg Town Hall or at the Community Development Building) will make
            public through a legal notice(s) published in the Buffalo News or an “official” Town of Hamburg
            publication and on the Town of Hamburg’s web-site within the Department of Community
            Development homepage any or all of the following information:

            1)      The date(s), time(s) and location of any public hearing pertaining to the Community
                    Development Block Grant and the Home Investment Partnership Program.

            2)      The details of said hearing including the reason for said hearing and its contact
                    information.

            3)      Within all notices, there will be specific information instructing persons with special
                    needs what they can do to be accommodated at said hearing. The notice shall also state
                    that Hamburg Town Hall and the Community Development building are handicap
                    accessible.

     B)     Submission of Five Year and/or Annual Plan(s):

            The Town of Hamburg will, prior to the submission of its Five Year Consolidated Plan and/or its
            Annual Action Plan will make public and available information that includes but is not limited to
            the following:
     1)     The amount of Community Development Block Grant or Home Investment Partnership
            Program funds expected to be available, including the amount of program income to be
            received during the upcoming program year.

     2)     The activities expected to be undertaken by the Town of Hamburg Department of
            Community Development for these programs during its upcoming program year.

     3)     The amount of funding that will benefit persons of low and moderate incomes.

     4)     The general publication and specific notification to individuals, families and businesses
            when and if necessary with relevance to activities that will displace them. {However, the
            Town of Hamburg fully expects and will strive for that there will not be any activities
            undertaken to displace individuals, families or businesses with the CDBG or HOME
            Programs}.

C)   Five Year and/or Annual Plan Public Hearing(s):

     The Town of Hamburg Department of Community Development in conjunction with Erie
     County HOME Consortium will prior to any public hearing held (either at Hamburg Town Hall
     or at the Community Development Building) will make public through a legal notice(s)
     published in the Buffalo News or an “official” Town of Hamburg publication and on the Town
     of Hamburg’s web-site within the Department of Community Development homepage any or all
     of the following information pertaining to the public hearing(s). In addition to the public hearing
     notice, notifications will also state that the Five Year Consolidated Plan and/or its Annual Action
     Plan are available for public comment and review. The length of time any Five Year
     Consolidated Plan and/or Annual Action Plan is published within any publication will be
     minimally equivalent to HUD regulations pertaining to such notice of time (example; 30 days).

     1)     The Five Year Consolidated Plan, the Annual Action Plan and/or any Substantial
            Change/Amendment(s) to said Plans will also be available for review at the following
            places located within the Town of Hamburg:

            Hamburg Public Library                        Lakeshore Public Library
            102 Buffalo Street                            4857 Lake Shore Road
            Hamburg, New York 14075 649-4415              Hamburg, New York 14075 627-3017

            Blasdell Village Hall                         Hamburg Village Hall
            121 Miriam Avenue                             100 Main Street
            Blasdell, New York 14219       822-1921       Hamburg, New York 14075 649-0200

            Hamburg Town Hall                             Town of Hamburg
            Town Clerks Office                            Department of Community Development
            6100 South Park Avenue                        6122 South Park Avenue
            Hamburg, New York 14075 649-6111              Hamburg, New York 14075 648-6216

            Town of Hamburg                               County or Erie
            Office of the Supervisor                      Department of Environment and Planning
            6100 South Park Avenue                        95 Franklin Street
            Hamburg, New York 14075 649-6111              Buffalo, New York 14202    858-8390
     2)     Any citizen or group requesting a copy of the Five Year Consolidated Plan, the Annual
            Action Plan and/or any amendments will have up to two (2) copies of the document as
            requested mailed to them at no cost. Any more copies requested above the number of
            two (2) will carry a copying charge of $25.00 per completed paper document and $5.00
            per completed CD/DVD disc.

     3)     Public hearing(s) will be held throughout the Consolidated Planning process and the
            Annual Action Plan process, both in conjunction with the County of Erie for consortium
            purposes and/or individually within the Town of Hamburg for non-consortium purposes.
            A minimum of four public hearing will be held, with proper notifications to the general
            public as listed above. (Minimum of one during summer, two in the fall and one for
            review of any “Draft” plan.)

            a)     For a Five Year Consolidated Plan or an Annual Action Plan, a minimum of thirty
                   (30) days will be allotted for public comment and review of either “draft”
                   document.

            b)     For any other document, i.e: CAPER, Amendment or Change of Use of Funding,
                   etc., a minimum of fifteen (15) days will be allotted for public comment and
                   review.

            c)     Any and all citizen comments/views received within the proper time frames will
                   be considered and included in any final document.

D)   Substantial Change/Amendments:

     Any change in use of funds or program direction equating to 20% or more of a particular CDBG
     program year funds (inclusive of any and all program income funds) shall be deemed a
     “Substantial Change/Amendment” and will require citizen comment and review. To this end, a
     notice shall be published in the Buffalo News or an “official” Town of Hamburg publication and
     on the Town of Hamburg’s web-site within the Department of Community Development
     homepage any or all of the following information pertaining to the “Substantial
     Change/Amendment”. For a “Substantial Change/Amendment”, one (1) public hearing will be
     held to allow for public comment and utilized in the event of “Substantial Change/Amendment”
     to the Five Year Consolidated Plan or any Annual Action Plan from a previous year. For this
     purpose, a minimum of fifteen (15) days will be made available prior to any substantial
     amendment(s) taking effect. During the entire fifteen (15) days, public comments will be
     welcomed, reviewed and incorporated into any document(s) if deemed necessary and proper. As
     part of any “Substantial Change/Amendment” a review of the environmental files will be
     completed to ensure that said “Substantial Change/Amendment” does not require a new
     environmental review to be completed. If a new environmental review is required, it will have to
     be included within any and all “Substantial Change/Amendment” paperwork. In addition to the
     environmental review(s), a new SF-424 will have to be included and sent to HUD as well as a
     new Budget Sheet and any other required paperwork. Regardless of the change being made,
     there shall not be a need for new CDBG or HOME certifications to be signed.

     1)     A minimum of fifteen (15) days will be allotted for public comment and review for any
            “Substantial Change/Amendment” unless otherwise over-written by the United States
            Department of Housing and Urban Development (HUD) for any special funding, i.e.:
            Recovery/Stimulus Funding.
     2)     If ANY change to a previous or current CDBG or HOME program is less than 20% or
            more of a particular program year (inclusive of any and all program income funds) there
            shall be no need for a public notice, public hearing nor for any change to the Annual
            Action Plan other than addressing the numerical changes within the CDBG or HOME
            program. To this end, a new SF-424 as well as a new Budget Sheet would be submitted
            to HUD. If the change does not require any environmental review, a new environmental
            review need not be submitted, nor would any new CDBG or HOME certifications.

E)   CAPER:

     The Town of Hamburg will publish in the Buffalo News or an “official” Town of Hamburg
     publication and on the Town of Hamburg’s web-site within the Department of Community
     Development homepage any or all of the information pertaining to the CAPER and its possible
     viewing by the public. The length of time the notice to citizens that the Consolidated Plan
     Annual Performance Report (CAPERS) is available for public comment and review will be a
     minimum of fifteen (15) days.

F)   Community Hearings/Funding Requests:

     The Town of Hamburg Department of Community will hold a minimum of four (4) public
     hearings to obtain the views of citizens on the proposed activities planned for an upcoming
     program year. The hearings will include intake on proposed housing and community
     development needs from anyone or any group including village governmental personnel. There
     will also be a minimum of one public hearing to review the previous program years performance
     with the CDBG and/or HOME programs. The public hearings will be advertised within the
     Buffalo News or an “official” Town of Hamburg publication and on the Town of Hamburg’s
     web-site within the Department of Community Development homepage or on the Town of
     Hamburg web site within the “Legal Notice” section. Also within said public hearing
     advertisement, it will be disclosed that any and all persons can request a “Community
     Development Block Grant Application for Funding” from the Town of Hamburg. Said funding
     application(s) can either be mailed to any and all persons simply by requesting an application(s)
     or can be picked up at Hamburg Town Hall, the Community Development Building, Hamburg
     Village Hall, Blasdell Village Hall and all of the public libraries located within the township (see
     C-1 above for listings of library addresses). The public hearings will be held at either the
     Hamburg Town Hall or at the Community Development building, which is centrally located
     within the Town of Hamburg and on a major bus route. Both locations are handicap accessible
     and if persons attending the public hearing require special consideration they can call in advance
     for their proper needs which will be addressed at the hearing. The Hamburg Town Board
     reserves the right to approve projects at its sole discretion after considering any and/or all public
     comments received whether verbal or written.

G)   Technical Assistance:

     The Town of Hamburg Department of Community Development will provide technical
     assistance to any individual, group or organization regardless of income status pertaining to the
     Community Development Block Grant or Home Investment Partnership Program operated
     through the Town of Hamburg Department of Community Development. Technical assistance
     does not necessarily constitute funding to any of the individuals, groups or organizations.
     However, technical assistance does include assistance with the “Community Development Block
     Grant Application for Funding” from the Town of Hamburg Department of Community
     Development. Technical assistance can be in the form of phone assistance with direct questions
     about the program and/or the application or as participation at a meeting where a legitimate and
     eligible applicant for funding is holding or at public hearings or individual meetings.

H)   Complaint Resolution:

     All complaints received by the Town of Hamburg regarding the Community Development Block
     Grant or Home Investment Partnership Program will be addressed through the Department of
     Community Development within fifteen (15) working days of receipt of the same. If the
     response from the Department of Community Development is deemed inappropriate by the
     source issuing said complaint, the Town of Hamburg will enlist the opinion and judgment of the
     Town of Hamburg Legal Department. If after Legal review, the response is still seemed
     inappropriate by the source issuing said complaint, the Town of Hamburg will enlist the
     opinion/judgment of the United States Department of Housing and Urban Development (HUD)
     for consideration.

I)   Funding Decisions:

     All funding decisions made by the Town of Hamburg for Community Development Block Grant
     or Home Investment Partnership Program funding, including any recaptures or amendments is
     the sole discretion of the Hamburg Town Board. All other parties including government entities,
     the general public and any other government agencies shall understand that the ultimate final
     approval for project and funding awards is contingent on approval from the United States
     Department of Housing and Urban Development (HUD). HUD is the sole, final decision maker
     in this process and they have the right to approve projects at its sole discretion after considering
     any and/or all pertinent factors.

J)   MISCELLANEOUS:

     The Town of Hamburg Department of Community Development reserves the right to amend this
     Citizen Participation Plan throughout any program year in order to either make it easier for the
     public to have access to the programs and/or Community Development Block Grant or HOME
     Investment Partnership Program funding or if there is found to be an omission that requires an
     immediate fix/change in a regulation pertaining to the CDBG or HOME Programs. Any and all
     comments pertaining to this 2010 Citizen Participation Plan can be addressed to the following:

     Town of Hamburg Department of Community Development
     6100 South Park Avenue
     Hamburg, New York 14075
     Attn: Christopher Hull, Director
     (716) 648-6216 (phone)
     (716) 648-0151 (fax)
     communitydev@townofhamburgny.com
America's Affordable Communities                       U.S. Department of Housing                            OMB approval no. 2535-0120
Initiative                                             and Urban Development                                            (exp. 6/30/2010)




Public reporting burden for this collection of information is estimated to average 3 hours. This includes the time for collecting,
reviewing, and reporting the data. The information will be used for encourage applicants to pursue and promote efforts to remove
regulatory barriers to affordable housing. Response to this request for information is required in order to receive the benefits to be
derived. This agency may not collect this information, and you are not required to complete this form unless it displays a currently
valid OMB control number.




                 Questionnaire for HUD’s Initiative on Removal of Regulatory Barriers

Part A. Local Jurisdictions. Counties Exercising Land Use and Building Regulatory Authority and
Other Applicants Applying for Projects Located in such Jurisdictions or Counties
                                            [Collectively, Jurisdiction]
                                                                                                1    2
  1. Does your jurisdiction's comprehensive plan (or in the case of a tribe or TDHE, a local      No   Yes
      Indian Housing Plan) include a “housing element? A local comprehensive plan
      means the adopted official statement of a legislative body of a local government that
      sets forth (in words, maps, illustrations, and/or tables) goals, policies, and guidelines
      intended to direct the present and future physical, social, and economic development
      that occurs within its planning jurisdiction and that includes a unified physical plan
      for the public development of land and water. If your jurisdiction does not have a
      local comprehensive plan with a “housing element,” please enter no. If no, skip to
      question # 4.

    2. If your jurisdiction has a comprehensive plan with a housing element, does the plan                                No             Yes
        provide estimates of current and anticipated housing needs, taking into account the
        anticipated growth of the region, for existing and future residents, including low,
        moderate and middle income families, for at least the next five years?

    3. Does your zoning ordinance and map, development and subdivision regulations or                                     No             Yes
        other land use controls conform to the jurisdiction's comprehensive plan regarding
        housing needs by providing: a) sufficient land use and density categories
        (multifamily housing, duplexes, small lot homes and other similar elements); and, b)
        sufficient land zoned or mapped “as of right” in these categories, that can permit the
        building of affordable housing addressing the needs identified in the plan? (For
        purposes of this notice, "as-of-right," as applied to zoning, means uses and
        development standards that are determined in advance and specifically authorized by
        the zoning ordinance. The ordinance is largely self-enforcing because little or no
        discretion occurs in its administration.). If the jurisdiction has chosen not to have
        either zoning, or other development controls that have varying standards based upon
        districts or zones, the applicant may also enter yes.

    4. Does your jurisdiction’s zoning ordinance set minimum building size requirements                                   Yes            No
        that exceed the local housing or health code or is otherwise not based upon explicit
        health standards?




                                                              Page 1 of 3
                                                                                                                   Form HUD-27300 (4/04)
5. If your jurisdiction has development impact fees, are the fees specified and calculated              No        Yes
    under local or state statutory criteria? If no, skip to question #7. Alternatively, if your
    jurisdiction does not have impact fees, you may enter yes.

6. If yes to question #5, does the statute provide criteria that sets standards for the                 No        Yes
    allowable type of capital investments that have a direct relationship between the fee
    and the development (nexus), and a method for fee calculation?

7. If your jurisdiction has impact or other significant fees, does the jurisdiction provide             No        Yes
    waivers of these fees for affordable housing?

8. Has your jurisdiction adopted specific building code language regarding housing                      No        Yes
    rehabilitation that encourages such rehabilitation through gradated regulatory
    requirements applicable as different levels of work are performed in existing
    buildings? Such code language increases regulatory requirements (the additional
    improvements required as a matter of regulatory policy) in proportion to the extent of
    rehabilitation that an owner/developer chooses to do on a voluntary basis. For further
    information see HUD publication: “Smart Codes in Your Community: A Guide to
    Building Rehabilitation Codes”
    (www.huduser.org/publications/destech/smartcodes.html)

9. Does your jurisdiction use a recent version (i.e. published within the last 5 years or, if           No        Yes
    no recent version has been published, the last version published) of one of the
    nationally recognized model building codes (i.e. the International Code Council
    (ICC), the Building Officials and Code Administrators International (BOCA), the
    Southern Building Code Congress International (SBCI), the International Conference
    of Building Officials (ICBO), the National Fire Protection Association (NFPA))
    without significant technical amendment or modification. In the case of a tribe or
    TDHE, has a recent version of one of the model building codes as described above
    been adopted or, alternatively, has the tribe or TDHE adopted a building code that is
    substantially equivalent to one or more of the recognized model building codes?

  Alternatively, if a significant technical amendment has been made to the above model
  codes, can the jurisdiction supply supporting data that the amendments do not
  negatively impact affordability.

10. Does your jurisdiction’s zoning ordinance or land use regulations permit                            No        Yes
    manufactured (HUD-Code) housing “as of right” in all residential districts and zoning
    classifications in which similar site-built housing is permitted, subject to design,
    density, building size, foundation requirements, and other similar requirements
    applicable to other housing that will be deemed realty, irrespective of the method of
    production?




                                                 Page 2 of 3
                                                                                                Form HUD-27300 (4/04)
  11. Within the past five years, has a jurisdiction official (i.e., chief executive, mayor,          No         Yes
      county chairman, city manager, administrator, or a tribally recognized official, etc.),
      the local legislative body, or planning commission, directly, or in partnership with
      major private or public stakeholders, convened or funded comprehensive studies,
      commissions, or hearings, or has the jurisdiction established a formal ongoing
      process, to review the rules, regulations, development standards, and processes of the
      jurisdiction to assess their impact on the supply of affordable housing?

  12. Within the past five years, has the jurisdiction initiated major regulatory reforms              No        Yes
      either as a result of the above study or as a result of information identified in the
      barrier component of the jurisdiction’s “HUD Consolidated Plan?” If yes, attach a
      brief list of these major regulatory reforms.

  13. Within the past five years has your jurisdiction modified infrastructure standards               No        Yes
      and/or authorized the use of new infrastructure technologies (e.g. water, sewer,
      street width) to significantly reduce the cost of housing?

  14. Does your jurisdiction give “as-of-right” density bonuses sufficient to offset the cost          No        Yes
      of building below market units as an incentive for any market rate residential
      development that includes a portion of affordable housing? (As applied to density
      bonuses, "as of right" means a density bonus granted for a fixed percentage or
      number of additional market rate dwelling units in exchange for the provision of a
      fixed number or percentage of affordable dwelling units and without the use of
      discretion in determining the number of additional market rate units.)

  15. Has your jurisdiction established a single, consolidated permit application process for          No        Yes
      housing development that includes building, zoning, engineering, environmental, and
      related permits? Alternatively, does your jurisdiction conduct concurrent, not
      sequential, reviews for all required permits and approvals?

  16. Does your jurisdiction provide for expedited or “fast track” permitting and approvals            No        Yes
      for all affordable housing projects in your community?

  17. Has your jurisdiction established time limits for government review and approval or              No        Yes
      disapproval of development permits in which failure to act, after the application is
      deemed complete, by the government within the designated time period, results in
      automatic approval?

  18. Does your jurisdiction allow “accessory apartments” either as: a) a special exception            No        Yes
      or conditional use in all single-family residential zones or, b) “as of right” in a
      majority of residential districts otherwise zoned for single-family housing?

  19. Does your jurisdiction have an explicit policy that adjusts or waives existing parking           No        Yes
      requirements for all affordable housing developments?
  20. Does your jurisdiction require affordable housing projects to undergo public review              Yes       No
      or special hearings when the project is otherwise in full compliance with the zoning
      ordinance and other development regulations?

Total Points:


                                                   Page 3 of 3
                                                                                                Form HUD-27300 (4/04)
              TOWN OF HAMBURG

  2010 – 2014 FIVE YEAR CONSOLIDATED PLAN
          APRIL 1, 2010 - MARCH 31, 2015


“ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING STUDY”




                HAMBURG TOWN SUPERVISOR
                     Steven J. Walters

            HAMBURG TOWN COUNCIL MEMBERS:
                     Joseph A. Collins
                   Jonathan G. Gorman
                     Kevin S. Smardz
                      Amy J. Ziegler

       DEPARTMENT OF COMMUNITY DEVELOPMENT
                Christopher Hull, Director


“An Analysis of Impediments To Fair Housing Choice in Hamburg, NY”
                            “Draft Report”
                 Prepared for the Town of Hamburg by
               Housing Opportunities Made Equal, Inc.
                             January 2010 
 


                                      Table of Contents

                               Section                      Page
Chapter I: Introduction                                             3
Section 1.1 – Basis for Study                                       3
Section 1.2 – Participants and Methodology                          4
Chapter II: Jurisdictional and Background Data                      6
Section 2.1 – Demographic Data                                      6
Section 2.2 – Income Data                                           9
Section 2.3 – Employment and Transportation                        11
Section 2.4 – Housing Profile                                      16
Chapter III: Evaluation of Fair Housing Status                     23
Section 3.1 – Reported Incidents of Discrimination                 23
Section 3.2 – Fair Housing Strategy                                26
Section 3.3 – Implementation of 2003 Action Plan                   27
Section 3.4 – Fair Housing Status                                  30
Chapter IV: Examination of Possible Impediments                    31
Section 4.1 – Zoning                                               31
Section 4.2 – Code Enforcement                                     35
Section 4.3 – Tax Policies                                         36
Section 4.4 – Public Services and Revitalization Policies          37
Section 4.5 – Planning and Zoning Boards                           40
Section 4.6 – Rental Housing                                       41
Section 4.7 – Issues Affections Housing for the Disabled           43
Section 4.8 – Real Estate Activity                                 44
Section 4.9 – Fair Housing Advertising                             46
Section 4.10 – Lending                                             47
Section 4.11 – Insurance                                           51
Section 4.12 – Fair Housing Education and Enforcement              53
Chapter V: Conclusions and Recommendations                         55
Section 5.1 – Conclusions                                          55
Section 5.2 – Impediments to Fair Housing                          55
Section 5.3 – Action Plan                                          56
Chapter VI: Addenda                                                57
Section 6.1 – List of Sources Consulted                            57
Section 6.2 – Map of Hamburg, NY Census Tracts                     59




                                                2
 


                   CHAPTER I: INTRODUCTION TO THE DRAFT REPORT



1.1 Basis for Study

Although passage of the groundbreaking Civil Rights Act of 1964 (which outlawed discrimination
employment, public accommodations and federally supported government programs) and the
Voting Rights Act of 1965 created momentum for a law with would prohibit the housing
discrimination, the fair housing bill introduced in 1966 by Senators Walter Mondale and Edward
Brooke encountered formidable opposition. For too many Americans attending school or
working with African-Americans seemed challenging enough—so long as at the end of the day
one could go home to segregated enclaves of security and privilege. A law which proposed to
alter that arrangement was a law too far.

Even amendments to the original bill proposed by Senate Minority Leader Everett McKinley
Dirksen which effectively stripped enforcement authority from Department of Housing and Urban
Development were not sufficient to avert a threatened filibuster. Accordingly, both the 1966 and
1967 sessions ended without significant progress. Passage of the Fair Housing Act was, finally,
the result to external circumstances played out on the national stage.

In the first days of March 1968, the Kerner Commission issued its devastating report on the
wave of urban disorder which had left scars on inner-cities across the nation (including Buffalo).
Concluding that pervasive housing discrimination had led to slum formation and ultimately urban
disorder during three previous summers, the Commission recommended passage of a national
fair housing law. Without such a law, American would become “two nations: one Black and one
White, separate and unequal”. Within days of receiving the Kerner Commission’s report, the
Senate had voted cloture and the very flawed fair housing bill—lacking powers of administrative
enforcement—was passed.

Then on April 4th Dr. Martin Luther King as assassinated in Memphis. Amid yet another wave of
urban disorder in cities across American and against the backdrop of a capitol city, in flames
and garrisoned by federal troops, the House of Representatives accepted the Senate’s flawed
bill. On April 11, 1968—only seven days after Dr. King’s death—President Lyndon Baines
Johnson signed the Fair Housing Act into law.

Although riddled with exemptions and lacking effective administrative enforcement, the Act
created a legal framework for court action by individual victims of discrimination acting as
“private attorneys general” to affirm their rights. The new law also stated in Section 808 that it
would be the duty of the still relatively new Department of Housing and Urban Development to
“administer the programs and activities relating to housing and urban development in a matter
affirmatively to further the policies of this subchapter [fair housing]”. In order to receive funding,
“each state and local government…[must] submit a certification that it is affirmatively furthering
fair housing.”



                                                  3
 


Over the course of four decades, HUD has defined differently this obligation to “affirmatively
further fair housing”. Since 1995, HUD asked grantees to address fair housing issues through
the Consolidated Planning process by: (1) conducting an analysis of impediments (AI) to fair
housing choice, (2) taking appropriate actions to overcome the effects of impediments identified
in the analysis, and (3) maintaining records reflecting the analysis and actions taken.

HUD’s Fair Housing Planning Guide describes an AI study as a comprehensive review of a
jurisdiction’s “laws, regulations, administrative policies, procedures and practices” to determine
how they affect fair housing choice.

HUD defines impediments to fair housing as:

       An action, omission or decision made on account of race, color, religion, national origin,
       sex, disability or familial status which restricts housing choice or; or
       An action, omission or decision which has the effect of restricting housing choice.

Impediments to fair housing thus include both intentionally discriminatory actions as well as
facially neutral policies which have a discriminatory effect.

Because New York State and Hamburg fair housing laws include additional protected classes
(marital status, age, sexual orientation, military status and source of income) the authors will
use the broader definition for purposes of this study.

Study Participants and Methodology

In September 2009 the Town of Hamburg entered into a contract with Housing Opportunities
Made Equal to conduct an Analysis of Impediments to Fair Housing study.

HOME is a civil rights organization which, since 1963, has led the struggle for fair housing in the
Buffalo-Niagara region. HOME’s mission is to promote the value of diversity and to assure the
people of Western New York an equal opportunity to live the in the housing and communities of
their choice.

Within the last year, HOME has provided fair housing education and enforcement services
under contract with the United States Department of Housing and Urban Development, the
State of New York, the City of Buffalo, the 34 municipalities of the Erie County CDBG
Consortium, the Town of Amherst and the Town of Hamburg. HOME’s work has been
recognized nationally with HUD Best Practice Awards in 1999 and 2003.

This Analysis of Impediments study was conducted by a research team with 37 years of fair
housing experience.

       Scott W. Gehl (B.A. magna cum laude, University at Buffalo) has served as HOME’s
       executive director since 1982. Mr. Gehl was an author of Analysis of Impediments to



                                                4
 


       Fair Housing studies conducted for the City of Buffalo (1996 and 2004), the Erie County
       CDBG Consortium (1996), the Town of Hamburg (2003), the City of Niagara Falls
       (2005), and the Erie County Urban County Consortium (2008). A recognized expert in
       his field, Mr. Gehl has been engaged to provide training for HUD, the New York State
       Division of Human Rights, the New Jersey Department of Civil Rights, the NYS
       Association of Human Rights Commissions, and the NYS Rural Preservation Coalition.
       He was honored with HUD’s Pioneer of Fair Housing Award (in 2004) and the Erie
       County Bar Association’s Liberty Bell Award (in 2008).

       Mobility Coordinator Kenneth J. Gholston (B.A. with honors, University of Buffalo) directs
       both HOME’s housing mobility and homeless prevention/ rapid-rehousing programs,
       which are contained within the Greater Buffalo Community Housing Center; he has been
       a member of HOME’s staff since 2001. Mr. Gholston was a member of the research
       team for AI studies conducted for the Town of Hamburg (2003), the City of Buffalo
       (2004), the City of Niagara Falls (2005) and the Erie County Urban County Consortium
       (2008). Mr. Gholston is now pursuing graduate studies in history at UB.

       Staff Attorney Jennifer J. Metzger (B.A. University at Buffalo, Juris Doctor Cleveland-
       Marshall College of Law) joined HOME’s staff in 2009 following an internship with the
       Housing Advocates Inc., a legal advocacy organization serving metropolitan Cleveland
       since 1975. Ms. Metzger’s policy analysis and legal skills were of special help on this
       her first AI research project.

In approaching this project, the authors sought to make use of expertise acquired in earlier
Analysis of Impediments studies and to refine approaches used elsewhere.

Researchers examined a range of documentary sources and interviewed a number of experts
detailed in the appendix. We appreciate their cooperation.

Due to the limited time to complete this study, HOME did not conduct a public comment session
prior to submission of this draft report. The authors intend to conduct such a session during the
first quarter of 2010 at a time and location to be determined after consultation with the
Department of Community Development.

Input from the public comment session and information gained from the outreach which will
precede it, will permit revisions and finalization of this DRAFT report.

                                            Scott W. Gehl
                                            Kenneth J. Gholston
                                            Jennifer J. Metzger
                                            January 4, 2010




                                               5
 


CHAPTER II: JURISDICTIONAL BACKGROUND DATA

The following section provides general jurisdictional background data, income data, employment
and transportation data, and housing data. The primary source for the data is from the U.S.
Census Bureau, 2005-2007 American Community Survey (three-year estimate) and will
compare data from the 2000 U.S. Census. Where applicable, if data was acquired from a
different source, it will be noted in the report.

2.1: Demographic Data

Population and Gender

According to the U.S. Census Bureau Population Estimate, the total population for Erie County
was 909,845. This is a 4.3% decrease from the total population documented by the 2000
Census which was 950,265. Similar to the entire county, the Town of Hamburg has also lost
population, but at a slower rate. In 2000, the total population for Hamburg was 56,259. The
most recent estimate compiled in 2007 shows that the total population was 55,866, which is a
0.70% decrease.

Forty-nine percent of the population in Hamburg is male. This is 2.1% increase from the 2000
U.S. Census. The female population decreased 1.8%, but still remained larger than the male
population total.

Population and Race (ethnicity not included)

According to the three-year estimate, 2.9% (or 1,629) of the population1 of Hamburg is non-
White. The largest minority in terms of numbers come from the Asian population (565), a
marked increase of 160% since the 2000 Census, which reported 217 Asians in Hamburg.
Asians make up 1.0% of the total Hamburg population.

People who describe themselves as members of two or more races make up for the second
largest number of non-whites in Hamburg (556), which increased from 335 as reported by the
2000 Census.

The sole decrease of the total non-white population was the African-American population, which
decreased 5.1% (277 to 263) from the numbers reported in the 2000 Census.

Despite the low percentage of the total population, there has been an increase of the total non-
White population from that reported 2000 Census. However, while the Asian population was on
the rise, it appears that there was a decline in both the Native-American and African-American
population. (Native- American population decrease 10.4% (115 to 103.)

Analyzing certain tract information from the 2000 Census, it appears that the highest percentage
of African-Americans reside in the tracts closer to the City of Lackawanna, which is essentially

                                                            
1
 The percentages for this category are based on data derived from the 2005-2007 American Community Survey 3-
Year Estimates which reported that the total population for this category was 56,295.




                                                               6
 


closest to the City of Buffalo. For the Asian population, the tract information shows that the
majority of Asians live in the tracts that include the McKinley Mall, Erie County Community
College South campus, and Hilbert College

Population and Ethnicity

According to the three-year estimate, there are 1,051 people who classified themselves as
Hispanic or Latino (of any race.) This is 1.9% of the total population. The 2000 Census shows
an increase from 876, which is a 20% total increase. The largest number of those identifying
themselves as Hispanic live in the tract encompassing Blasdell.

Population and Ancestry

There are 26 different ancestries reported in Hamburg. German ancestry was the most
prevalent with 35.1% of the population (56,295.) People with Irish descent make up for the
second largest category, making up 28.8% (16,235) of the population.

Age

The largest age range in Hamburg belongs to persons between 45-54 years old. This category
makes up 15.7% of the population (8,853.) The smallest category are those who 85 years and
older (815.) The median age for Hamburg residents is 40.7 years. Fifty-eight percent of the
population is over the age of 35.

Comparing data from the 2000 Census, it appears that median age 2 continues to increase from
38.9 years in 2000 today. The age bracket of 35-44 years contained the highest percentage of
people with 16.4% (9,253) of the total population. The largest increase of people came from the
age brackets of 55-59 (+800) and 60-64 (+718.) There was a decrease in population for those
who are between the ages 65-74 (-310) and 85 years and older (-301.)

Comparing the 1990 Census with the 2000 Census, the younger age brackets continuously saw
decreases as the older age brackets saw a general increase. The most recent estimate shows
that the age groups of 20-24 showed an increase of 385 people.

Age and Gender

Table 2.1.a.i – AGE AND GENDER (U.S. Census Bureau, 2000 Census3)

       Age                    Male                  % Gender            % Total
                                                    Population         Population
    18 years                    19,633                   73.3%             34.9%
    and over
    65 years                      3,232                        12.1%        5.7%
    and over




                                                            
2
    The 2000 Census total population of Hamburg was 56,259.
3
    Based on a total population of 56,259


                                                                             7
 


       Age                  Female                  % Gender            % Total
                                                    Population         Population
    18 years                    22,691                   77.0%             40.3%
    and over
    65 years                      5,255                        17.8%        9.3%
    and over

Table 2.1.a.ii – AGE AND GENDER (2005-2007 American Community Survey 3-Year
Estimates 4)

       Age                    Male                  % Gender            % Total
                                                    Population         Population
    18 years                    21,229                   77.6%             37.7%
    and over
    65 years                      3,612                        13.2%        6.4%
    and over


       Age                  Female                  % Gender            % Total
                                                    Population         Population
    18 years                    22,511                   77.8%             40.0%
    and over
    65 years                      4,842                        16.7%        8.6%
    and over


The three-year estimate shows that the male population (27,356) makes up a total of 48.6% of
Hamburg’s population and the female 51.4% (28,939) Compared to the 2000 Census, it
displays similar data, showing the male population of 26,790 or 47.6% of the total population
and the female population of 29,469 or 52.4%. While the female population dominates in both
age bracket categories in each data set, there was a decline in the overall female population in
2007.

Households and Families

There a total of 23,008 households in Hamburg. This is a 4.6% increase from the 2000 Census
which reported a total of 21,999 households. Such increases in the number of households have
been consistently on the rise since the 1990 Census5 reported the numbers. The majority of
households are identified as “family households”, with 15,358 or 66.8% of the total household
population. (A “family household” is defined as living with one or more individuals related to him
or her by birth, marriage, or adoption.)

The majority of the household population came from the category of “married-couple family”,
which was comprised of 12,338 or 53.6% of the household population. The definition of a
“married-couple family” includes families in which the householder and his/her spouse are
enumerated as members of the same household. Since the 2000 Census, the one-person


                                                            
4
    Based on a total population of 56,295
5
    The 1990 Census reported a total of 19,847 total households.


                                                                             8
 


households increased to 6,670 or 29.0% of the total household population. This is consistent
with trends in the larger society.

While the total household population increased, the average household size decreased to from
the 2000 Census6. The average family size also decreased from 3.07 in 2000 to 3.0 today. The
non-family household population increased to 7,650. This category increased 11.9% from the
2000 Census. Families headed by a female, with no husband present, slightly increased to
2,298 or 3.9% overall. There were a reported 722 male households, with no wife present, in the
three-year estimate.

2.2: Income Data

Per Capita Income

The three-year data estimate reports that Hamburg’s per capita income is $27,955, an increase
of 27.4% from the 2000 Census. Similar to Hamburg, Erie County’s per capita income also
increased, but at a higher rate. In 2000, the census reported that Erie County’s per capita
income was $20,357 and has increased, as of 2007, to $36,116. This is a 77.4% increase.
While Hamburg’s per capita has been steadily increasing since 1990, it is still 22.6% lower than
the overall per capita income in Erie County. Comparing the 2000 Census (using sample data),
the per capita income for White households was reported as $22,098, while the three-year
estimate reported an increase of the per capita income to $28,120. This is a 27.3% increase.

For African-American households, there was an estimated increase of 33.5% in the per capital
income category (from $11,919 to $15,909.) Still, African-American per capita income is 44%
lower than the overall average of per capita income reported in Erie County.

Those who identified themselves as Asian saw the smallest increase of per capita income within
the Town of Hamburg. While Asian households did see the smallest increase, they are still
achieving the highest per capita income among non-Whites in the Town of Hamburg, reporting
$28,120.

While there continue to be income gaps between races, there also continues to be an income
gap between men and women in the Town of Hamburg. According to the three-year estimates,
the median earnings for men were estimated at approximately $39,856, while the women
earned approximately $22,951. Accordingly, men who worked full-time and year-round (totaling
11,313), those earning between $75,000 to $99,999 reported to be the largest percentage in the
Town of Hamburg (11.9% or 1,346.) The second largest category was those reporting to have
earned between $40,000 to $44,999, which was a total of 10.1% or 1,137 men. A total of
10,596 men reported their income as “Other.”

With respect to women in the Town of Hamburg, those reporting to have worked full-time and
year-round (totaling 7,534), the largest percentage were those who earned between $30,000 to
$34,999 was 13.0% (981 women.) The second largest category was reported as those earning
income between $35,000 to $39,999, which was 12.5% (944 women.)
                                                            
6
    The average household size reported in 2000 Census was 2.51.


                                                               9
 


Household and Family Income

The median household income for the Town of Hamburg is $55,540. This is a 15% increase
from the reported 2000 Census ($47,888). This number has continued to increase steadily
since the 1990 Census reported its numbers ($35,066.) More specifically, out of an estimated
22,008 households reporting with the three-year estimate, there were 4,696 households who
earned between $50,000 to $74,999 (20.4%). The second largest category of household
incomes belongs to those earning between $150,000 to $199,999 (3,542 or 15.4%). The
median household income for the Town is higher than those reporting in 2007 for Erie County
($45,129) and even for the State of New York ($53,448.)

When it comes to the category of Household Income and Race, it is difficult to compare as the
numbers were so small for African-Americans, Asians, Hispanics, and thus, the three-year
estimate did not report. The three-year estimate reported 22,556 Caucasian household
incomes with the largest amount of households reporting earnings between $75,000 to $99,999
(3,331 or 14.8%.) The second largest category reporting were those who earned between
$60,000 to $74,999 (2,646 or 11.7%.)

Even though there are a larger number of households earning more than $50,000 per year,
there are still numerous households living on a fixed income. Out of an estimated 23,008
households, 31.2% or 7,169 people are living on Social Security. Additionally, there are 3.3% or
767 Hamburg residents that receive Supplemental Security Income (SSI.)

Poverty

In 2000, the Census reported that 4.5% of the population in Hamburg (or 2,505 people) were
considered to be living below the poverty level. This was well below the Erie County statistics.
However, the three-year estimate7 now reports that the number of people living in poverty has
increased. There are approximately 4,193 people or 7.5% of those living below poverty level in
the Town of Hamburg. This is still lower than those reporting in Erie County8 in 2007, which was
13.7%, and lower than the U.S. estimate of 12.5%.

In Hamburg, the majority (61.7%) of those reporting below the poverty level were women.
Women between the ages of 25 to 34 years had the highest percentage (17.7%) of those falling
below poverty level. The largest category of those falling below the poverty for males were
those ages 6 to 11 years old (328 or 20.4%.) The second largest category were males between
35 to 44 years old (289 or 18.0%.) Overall, 88.7% of the total estimated population considered
to be below the poverty level is younger than 65 years old.

The three-year estimate reports that there are 23,008 total households in the Town of Hamburg.
Out of this total estimate, there were 1,908 or 8.3% total households reporting whose income
was below poverty level. There are 789 “family households” that report are below poverty level.
The majority of these households are those categorized “female householder, no husband


                                                            
7
    Based on a total estimate of 55,634 persons
8
    Based on a total estimate of 909,845 persons


                                                               10
 


present” (494 households or 62.6%.) There are approximately 1,264 or 5.5% of households
that receive cash public assistance or food stamps.

Unfortunately, the three-year estimates do not have data for certain categories because the
number of sample cases is too small, such as specific numbers to racial groups. However, the
estimates reported those who were categorized as “White alone.” Based on the estimates,
there were 3,924 persons who were below the poverty level. This is 7.3% of the Town of
Hamburg population.9 As stated earlier, it was reported that 4,193 people were living below the
poverty level, so this leaves approximately 269 people who are not categorized as “White” living
below the poverty level in Hamburg. While this number appears to be small, it should be kept in
mind that only approximately 2.9% or 1,629 of the entire Town of Hamburg population is
categorized as non-White.

According to tract data, those living in the tracts closest to the City of Lackawanna have
experience the most concentrated poverty. This may be a direct correlation as to the person’s
race because, as stated earlier, this is the same tract that there was the highest level of
concentration of African-Americans. The second most populated tract living under the poverty
level reside around Hilbert College (ranging from Big Tree Road to Sowles Road.)



2.3: Employment and Transportation

Employment

According to the three-year estimate, the Town of Hamburg has a population age 16 years and
older of 45,343. There are 30,685 people who are in the labor force and 14,658 of those who
are not. Of those in the labor force, 53.0% are male.

The Town of Hamburg has an employed civilian labor population 10(16 years and over) of
29,311. Out of the employed civilian labor force, 52.7% is male and 47.3% is female. The
management, professional and related occupations makes up 34.5% of the employed civilian
labor force. The service occupations make up 16.4% of the population and the sales/office
occupations make up 29.0%. The blue-collar occupations (construction, maintenance, repair,
etc.) consist of 19.8% of the employed population. The farming and fishing industry makes up
0.2% (60) of the total employed population in the Town of Hamburg.




                                                            
9
 Based on a total estimate of 54,102 persons
10
   The Census Bureau defines this as any civilian employed 16 years or older who either (1) work or (2) had a job but
not at work due to illness, bad weather, etc. This definition excludes employed people whose only activity consisted
of work around their own house or unpaid volunteer work. Also excluded are institutionalized people and people on
active duty in the U.S. Armed Forces.


                                                               11
 


Table 2.3.a – OCCUPATIONS BY GENDER

Occupations                                        Total                                 Men      Women
Management, business & financial operations         3,680                                 2,260     1,420
Professional & related                              6,445                                 2,563     3,882
Service occupations                                 4,819                                 2,204     2,615
Sales                                               3,737                                 2,228     1,509
Office & administrative support                     4,755                                 1,085     3,670
Farming, fishing & forestry                            60                                    35        25
Construction, extraction, maintenance & repair      2,256                                 2,196        60
Production                                          1,782                                 1,369       413
Transportation and material moving                  1,777                                 1,496       281
Total                                              29,311                                15,436    13,875
U.S. Census Bureau, 2005-2007 American Community Survey
2005-2007 American Community Survey 3-Year Estimates

This data might be reflective on the Town of Hamburg’s educational data, for those who are 25
years and older. The three-year estimate11 shows that 32.5% of the population received a high
school diploma (including equivalency.) Approximately 12.0% received an Associate’s degree
and 19.7% received their Bachelor’s degree, while 10.6% received a Graduate or Professional
degree.

Table 2.3.b – EDUCATIONAL ATTAINMENT BY GENDER

                                                               Men      Women        Total
Less than 9th grade                                              291          448       739

9th to 12th grade, no diploma                                    923         1,381    2,304
High school graduate                                  (and      5,842        6,929   12,771
equivalency)
Some college, no degree                                         3,877        3,030    6,907
Associate’s degree                                              1,647        3,070    4,717

Bachelor’s degree                                               4,387        3,359    7,746

Graduate or professional degree                                 1,832        2,334    4,166
Total:                                                         18,799    20,551      39,350

U.S. Census Bureau, 2005-2007 American Community Survey
Educational Attainment for Population 25 Years and over

The three-year estimate does not report data for those of minority status. Rather, those who
identify themselves as “White Alone” with respect to education report at a total population of
38,446. This is a 904 (or 2.3%) person difference from the total education population.



                                                            
11
     Based on a total population estimate of 39,350


                                                                        12
 


Table 2.3.c – EDUCATION ATTAINMENT FOR THOSE WHO ARE NOT “WHITE”

                                                                Men       Women         Total
Less than 9th grade                                                   0           0             0

9th to 12th grade, no diploma                                     18            53             71
High    school    graduate                               (and     44            44             88
equivalency)
Some college, no degree                                           70           40             110
Associate’s degree                                                64            53            117

Bachelor’s degree                                                285           148            433

Graduate or professional degree                                   19            66             85
Total:                                                           500           404            904

U.S. Census Bureau, 2005-2007 American Community Survey

Educational Attainment for Population 25 Years and Over for those who are not “White”12:

The largest amount of those who do not categorize themselves as “White alone” obtained a
Bachelor’s degree (433.) However, this makes up only 5.6% of those who reported having a
Bachelor’s degree and only 1.1% of the total education population.

Major Employers in Hamburg

While the census and the three-year estimates do not report any specific data on specific
employers, certain employer information was readily available thru the Hamburg Industrial
Development Agency (HIDA). HIDA works with the Town and Village to stimulate development
within Hamburg.13

Table 2.3.d – MAJOR EMPLOYERS IN HAMBURG

        Major Employers in Hamburg                               Number of Employees
Ford                                                                                  1,105
Frontier School District                                                               940
Hamburg School District                                                                645

Wegman’s                                                                               540
West Herr Automotive Group                                                             509
Town of Hamburg                                                                        430
Walmart                                                                                250


                                                            
12
   Data obtained from the difference of the total population of educational attainment for population 25 years and over
minus “White Alone Population 25 Years and Over”
13
   Information taken from http://www.hamburgida.com/aboutus.php3


                                                                          13
 


     Major Employers in Hamburg         Number of Employees
Autumn View Manor                                          230
Tops                                                       220
JC Penny                                                   160



The Ford plant is the largest employer in the Town of Hamburg. However, for a few years Ford
has seen a decline in both sales and production. Due to this nationwide trend, the Hamburg’s
plant has been offering buyouts to its workers. According to the NYS Department of Labor, in
November 2006, more than 400 workers at the Ford plant opted for buyouts. At this time, the
plant employed approximately 1,400 workers. Then in January 2007, the Ford plant hired 90
temporary workers to replace the 420 production workers who had opted to take the severance
and retirement packages were offered by the company. A year later in February 2008, Ford’s
hourly workers were able to sign up for buyout packages. The plant, at this time, employed
approximately 1,008 hourly workers.

 As the economy continued to remain in a state of crisis, the government had to assist the auto
industry in a bailout. The “Big Three” automakers (Ford, GM and Chrysler) were all in danger of
total collapse by falling into bankruptcy. So after receiving assistance, the automakers had to
make various plans and concessions in order to comply with the bailout requirements, some of
which included layoffs.

In June 2009, the plant continued its downsizing by eliminating 39 positions. Out of these 39
positions, 17 were placed on indefinite layoff, while the remaining 22 left through the “voluntary
separation program.” This has left the plant’s current employment only to 720.

Transportation to Work

The greatest number of owner-occupied households in the Town of Hamburg has two vehicles
available. This comprises of 50.7% of the owner occupied household population. For the renter
occupied households, 58.0% of households have one vehicle available. Out of both categories
of households, only 6.3% of households do not have at least one vehicle available.

Table 2.3.e – TENURE BY VEHICLES AVAILABLE

Total Households:                     23,008
Owner Occupied:                       17,435
    No vehicle available                 440
    1 vehicle available                5,052
    2 vehicles available               8,840
    3 vehicles available               2,329
    4 vehicles available                 664




                                               14
 


      5 or more vehicles available                              110
Renter Occupied:                                               5,573
      No vehicle available                                     1,014
      1 vehicle available                                      3,228
      2 vehicles available                                     1,049
      3 vehicles available                                      155
      4 vehicles available                                      109
      5 or more vehicles available                               18
U.S. Census Bureau, 2005-2007 American Community Survey,
Tenure by Vehicles Available.


The three-year estimate reports that the overwhelming majority of the Town of Hamburg’s
estimated population14 chose transportation by car, truck or van and drove alone (85.1% or
24,508.) The second most popular method of transportation was those who carpooled via car,
truck or van. This was an estimated 2,550 persons (8.9%) of the population. The least popular
method of transportation was via public transportation, which reported approximately 223
persons (or 0.8% of the total population.)

The Niagara Frontier Transportation Authority (NFTA) provides public transportation in the Town
of Hamburg. There are currently six routes that serve the Hamburg area. In addition, there is a
Metrobus school bus route serving Immaculata Academy and St. Francis High School.

Regular Routes

14/Abbott:                                  McKinley Mall to downtown Buffalo

36/Hamburg:                                 Hamburg, including the Village of Hamburg, to downtown Buffalo

42/Lackawanna:                              Toward Appletree Business Park and McKinley Mall & ECC South

Express Routes

74/Boston                                   Village of Hamburg to downtown

76/Lotus Bay                                Athol Springs Park & Ride to downtown

Metrolink

216/Gowanda Gowanda to the McKinley Mall




                                                            
14
     The three-year estimate reported a total estimate of 28,787 persons (ages 16 years and over.)


                                                                       15
 


Table 2.3.f – MEANS OF TRANSPORTATION TO WORK

Total:                                                         28,787
     Car, truck, or van:                                       27,058
         Drove alone                                           24,508

         Carpooled                                              2,550
     Public Transportation                                       223

     Motorcycle, bicycle, other                                  390
     Walked                                                      418

     Worked at home                                              698



2.4: Housing Profile

The three-year census estimate reports a total of 23,008 occupied housing units within the
Town of Hamburg. Out of the total occupied housing units, 75.8% (or 17,435) are owner-
occupied housing units. Renters make up 24.2% of Hamburg resident households (or 5,573).
These estimated numbers have not substantially changed since the 2000 Census, which
reported approximately 74.4% owner-occupied units (16,355) and 19.3% renter (5,638) in
Hamburg. In all of Erie County15, there were approximately 422,890 housing units.

The values of owner-occupied units in Hamburg range from less than $10,000 to more than $1
million. Out of a reported estimate of 17,435 units, the largest amount households reporting
were those who had units valued from $100,000 to $124,999. This is 20.3% (or 3,547) of the
total. This range is larger than those reporting for the 2000 Census, in that the majority of
households were living in units valued from $80,000 to $89,999. The median value for owner-
occupied housing units is $123,000, a 30.0% increase from the 2000 Census, which reported a
median value of $94,600.

A brief review of recent real estate listings for the Town of Hamburg shows a broad range of
units for sale. For example, one website16 lists units for sale as low as $13,900 (for a mobile
home) up to a single-family home for sale for $529,900. Another website17 has units as low as
$15,000 (for a mobile home) up to $520,808. Out of all the current listings on this website, there
were a total of 38 foreclosed properties. This is an indication the economy’s decline and
housing problem throughout the entire country.




                                                            
15
   An estimate taken in 2007 for Erie County (taken from www.fedstats.gov)
16
   www.homes.com
17
   www.homefinder.com/NY/Hamburg


                                                                        16
 


Table 2.4.a – OCCUPIED HOUSING UNITS BY TENURE

Total Population in occupied housing units:      55,889
    Owner Occupied                               46,298      82.8%
    Renter Occupied                                  9,591   17.2%
U.S. Census Bureau, 2005-2007 American Community Survey,
Total Population in Occupied Housing Units by Tenure


Table 2.4.b – HOUSING VALUES

                            Three-Year Estimate        *10/06/09 listings
                              Hamburg Town         buffaloniagarahomes.com
Total:                                     17,435                          214
Less than $10,000                              279                            1
$10,000 to $14,999                             264                            1
$15,000 to $19,999                             110                            1
$20,000 to $24,999                               0                            3
$25,000 to $29,999                              94                            0
$30,000 to $34,999                               0                            2
$35,000 to $39,999                              43                            4
$40,000 to $49,999                              99                            2
$50,000 to $59,999                             116                            2
$60,000 to $69,999                             393                            3
$70,000 to $79,999                             814                            4
$80,000 to $89,999                           1,641                            9
$90,000 to $99,999                           1,560                            9
$100,000 to 124,999                          3,547                          34
$125,000 to $149,999                         2,753   ($130,000 to $150,000) 24
$150,000 to $174,999                         2,047   ($150,000 to $180,000) 32
$175,000 to $199,999                           999   ($180,000 to $200,000) 15
$200,000 to $249,999                         1,375                          37
$250,000 to $299,999                           662                          20
$300,000 to $399,999                           431                            9
$400,000 to $499,999                            95                            6
$500,000 to $749,999                            94                            2
$750,000 to $999,999                            19                            1
$1,000,000 or more                               0                            0
U.S. Census Bureau, 2005-2007 American Community Survey,
Value of All Owner-Occupied Housing.
*Compares listings from www.buffaloniagarahomes.com for October 6, 2009 (including Town of Hamburg,
Village of Hamburg and Village of Blasdell.)




                                                17
 


Table 2.4.c – MEDIAN VALUE OF OWNER-OCCUPIED UNITS

   Hamburg town, Erie County, New York
                          Estimate
Median Value (dollars)            123,000
U.S. Census Bureau, 2005-2007 American Community Survey



Table 2.4.d – OCCUPANCY STATUS OF ALL HOUSING

                        Three-Year     2000 Census         1990 Census
                         Estimate
Total Housing Units:          23,936        22,830              20,462
    Occupied                 23,008         21,993              19,847
    Vacant                      928            837                 615
U.S. Census Bureau, 2005-2007 American Community Survey



Table 2.4.e - OWNER VS. RENTED OCCUPIED HOUSING

                        Three-Year     2000 Census         1990 Census
                         Estimate
Total Housing Units:          23,008        21,993              19,847
    Owner occupied           17,435         16,355              14,736
    Renter occupied           5,573           5,638              5,111
U.S. Census Bureau, 2005-2007 American Community Survey

The three-year estimate reports that a median gross rent is approximately $677 for Hamburg
and the median gross rent as a percentage of household income was 26.6%.



Table 2.4.f – VACANCY STATUS

                                  Three-Year Estimate        2000 Census
Total Vacant Units:                                  928                 837
   For rent                                       158                    312
   Rented, not occupied                           177                     87
   For sale only                                  282                    199
   Sold, not occupied                              48                    N/A
   For seasonal, recreational, or                  84                    112
occasional use
   For migrant workers                              0                      0
   Other vacant                                   179                    127
U.S. Census Bureau, 2005-2007 American Community Survey
Vacancy Status




                                             18
 


As in the past, the three-year estimate shows that the overwhelming majority of housing units in
the Town of Hamburg are owner occupied units versus renter occupied units. Since 2000, there
was a 4.6% increase of overall total occupied housing units; however there was also a slight
increase in total vacant units.

According to tract data, the same tract that has the most African-Americans (closest to the city)
shows that 100% of those residing in that tract are renters.

Table 2.4.g – HOUSING UNITS IN STRUCTURE

Total:                     23,008

    Owner occupied:        17,435

     1, detached           15,592   89.4%

     1, attached             414     2.4%

     2                       549     3.1%

     3 or 4                    43    0.2%

     5 to 9                     0    0.0%

     10 to 19                   0    0.0%

     20 to 49                   0    0.0%

     50 or more                36    0.2%

     Mobile Home             801     4.6%

    Renter occupied:        5,573

     1, detached             407     7.3%

     1, attached             275     439%

     2                      1,480   26.6%

     3 or 4                  567    10.2%

     5 to 9                 1,126   20.2%

     10 to 19                901    16.2%

     20 to 49                279     5.0%

     50 or more              493     8.8%

     Mobile home               45    0.8%

U.S. Census Bureau, 2005-2007 American Community Survey


For homeowners, the three-year estimate reports that the median monthly housing costs as a
percentage of household income is approximately 22.1%. The Town reports that only 17.2% of
homeowner residents pay 35% or more of their household income on housing (with a


                                               19
 


mortgage.) The housing units without a mortgage, it shows that 19.3% of residents pay 35% or
more of their household income on housing (without a mortgage.)

Table 2.4.h – MONTHLY OWNER COSTS AS A PERCENTAGE OF HOUSEHOLD INCOME

Total:                                                         17,435

     Housing units with a mortgage:                            12,385

      Less than 10.0 percent                                     569

      10.0 to 14.9 percent                                      2,166

      15.0 to 19.9 percent                                      2,603

      20.0 to 24.9 percent                                      1,953

      25.0 to 29.9 percent                                      1,917

      30.0 to 34.9 percent                                      1,002

      35.0 to 39.9 percent                                       423

      40.0 to 49.9 percent                                       454

      50.0 percent or more                                      1,259

      Not computed                                                39

     Housing units without a mortgage:                          5,050

      Less than 10.0 percent                                    1,170

      10.0 to 14.9 percent                                      1,089

      15.0 to 19.9 percent                                       608

      20.0 to 24.9 percent                                       679

      25.0 to 29.9 percent                                       344

      30.0 to 34.9 percent                                       169

      35.0 to 39.9 percent                                       162

      40.0 to 49.9 percent                                       318

      50.0 percent or more                                       497

      Not computed                                                14

U.S. Census Bureau, 2005-2007 American Community Survey

According to the three-year estimate, monthly rents ranged from less than $200 to over $1,000.
The median contract18 rent is $600 as compared to the median gross rent19, which is $677.


                                                            
18
  As defined by the U.S. Census Bureau in 2007, “contract rent” is the monthly rent agreed to or contracted for,
regardless of any furnishings, utilities, fees, meals, or services that may be included.


                                                                        20
 


The majority of renters paid from $500 to $749 (56.6% or 3,093.) The second highest rent that
renters pay ranges from $300 to $499 (23.7% or 1,271.) As reported in 1990, there were seven
units that were renting for more than $1,000. In 2000, the Census reported approximately 227
units. The three-year estimate reports a much lower number of units, renting more than $1,000
per month, which are only 112 units. This is a 50.7% decrease.

The highest number of renters (out of a total of 5,573) stated that they spend between 15.0% to
19.9% of their household income on the gross rent (19.5% or 1,093 renters.)

Significantly, in 2000 there were no renters spending more than 35% on the gross rent out of
their total household income. By contrast, the three-year estimate shows an increase of renters
paying more of their household income on their gross rent, including 27.7% of households
(1,541) who are paying more than 35% of their household income on gross rent. This is a
widely accepted measure of economic distress. Furthermore 56.7% are actually paying 50% or
more of their income on rent.

Table 2.4.i – BEDROOMS BY GROSS RENT

Total:                        5,573
 No bedroom:                      80
   With cash rent:                80
     Less than $500               65
     $500 or more                 15
   No cash rent                    0
 1 bedroom:                   1,393
   With cash rent:            1,393
     Less than $500              614
     $500 or more                779
   No cash rent                    0
 2 bedrooms:                  3,172
   With cash rent:            3,116
     Less than $500               65
     $500 or more             3,051
   No cash rent                   56
 3 or more bedrooms:             928
   With cash rent:               872
     Less than $500               62
     $500 or more                810
    No cash rent                  56
U.S. Census Bureau, 2005-2007 American Community Survey
Units in Structure by Gross Rent as a Percentage of Household Income




                                                                                                                                                                                               
                                                                                                                                                                                               
19
  As defined by the U.S. Census Bureau in 2007, “gross rent” is the contract rent plus the estimated average monthly
costs of utilities (i.e. electricity, gas, and water and sewer) and fuels (i.e. oil, coal, kerosene, wood, etc.) paid by the
renter.


                                                                                            21
 


Table 2.4.j - BEDROOMS

                        Estimate:
Total:                     23,936
   No bedroom                  80
   1 bedroom                1,656
   2 bedrooms               5,859
   3 bedrooms              11,093
   4 bedrooms               4,270
   5 or more bedrooms         978
U.S. Census Bureau, 2005-2007 American Community Survey




                                             22
 


CHAPTER III: EVALUATION OF FAIR HOUSING STATUS



3.1: Data on Incidents of Discrimination

With a population of 56,259 (according to the 2000 Census), the Town of Hamburg represents
only 4.8 percent of the total population of the Buffalo Niagara Metropolitan Statistical Area
(1,170,111), the seventh most racially segregated large metropolitan area in the nation.
However, housing discrimination is a many headed beast and race is only one reason its victims
are arbitrarily denied housing.

Mindful of this reality as well as the fact that, like most crimes, discrimination is underreported,
the authors nevertheless set out to obtain data from both the United States Department of
Housing and Urban Development and the New York State Division of Human Rights about
complaints lodged under the federal Fair Housing Act and the State’s Human Rights Law.
Because Hamburg’s previous Analysis of Impediments study had included discrimination data
through 2002, the authors set out to examine the years 2003-2008.

During this period, HUD reported in had received 10 complaints of housing discrimination
related to the seven federally protected classes of the law (i.e. race, color, religion, national
origin, sex, disability and familial status). This data appears in Table 3.a.


Table 3.1.a. HUD FILINGS IN THE TOWN OF HAMBURG: 1/1/03 – 12/31/08


    Date       Case Number                    Location                         Basis
2/20/03       02-0302088        26 Pinegrove Pk/Hamburg                  R/S/Dis/Religion
8/18/03       02-0305878        26 Pinegrove Pk/Hamburg                  Dis/Retaliation
8/25/03       02-0306068        11 Pinegrove Pk/Hamburg                  Dis
6/16/04       02-0405158        4609 Brompton Rd/Blasdell                FS
9/23/04       02-0407378        5546 Scranton Rd/Hamburg                 FS
9/24/04       02-0407388        5546 Scranton Rd/Hamburg                 FS
9/24/04       02-0407398        5546 Scranton Rd/Hamburg                 FS
8/30/06       02-0607338        3450 Howard Rd/Hamburg                   Sex/Harassment
7/3/07        02-0706028        4591 Southwestern Blvd/Hamburg           Dis
1/8/08        02-0802688        5278 Southwestern Blvd/Hamburg           R/S/Dis/Religion
Total = 10 Federal Filings



The New York State Human Rights Law includes both the seven federally protected classed
noted above as well as four more: marital status, age, sexual orientation and military status.
The State Division of Human Rights, which has a policy of reporting only cases with a final
resolution, has disclosed data on 11 complaints in Hamburg and Blasdell during the same six
year period. This data is found below in Table 3.b.




                                                23
 


Table 3.1.b. NYS FILINGS IN THE TOWN OF HAMBURG: 1/1/03 – 12/31/08
(Closed cases only)


Date          Case Number         Location                                   Basis

7/2/03        7905407               7287 Boston State Rd/Hamburg             Dis
7/30/03       7905442               3223 Glenwood Av/ Blasdell               Dis
1/21/04       7905646               3439 Creekview Dr./Hamburg               FS
2/11/04       7905685               20 Prinegrove Pk/Hamburg                 Dis
9,28/04       10101736              3984 Burke Pkwy/Blasdell                 FS
9/28/04       10101742              3984 Burke Pkwy/Blasdell                 FS
9/28/04       10101743              3984 Burke Pkwy/Blasdell                 FS
6/28/06       10112463              7355 Boston State Rd/Hamburg             Dis
8/30/06       10113591              5400 South Park Av/Hamburg               Sex
7/10/07       10118931              4591 Southwestern Blvd/Hamburg           Dis
1/9/08        10122663              5278 Southwestern Blvd/Hamburg           R,C,Sex, Dis
Total = 11 NYS Filings (cases resolved by 12/31/08).

Housing Opportunities Made Equal is a regional civil rights organization which operates under
contract with 37 area municipalities and the U.S. Department of Housing and Urban
Development to provide fair housing services. For more than 20 years, the Town of Hamburg
has contracted with HOME to provide fair housing education and enforcement services.

In contrast to data from HUD and the Division of Human Rights, HOME’s data captures a
broader segment of the universe of acts of discrimination by including reported incidents of
housing discrimination, as shown by Table 3.c.

 


Table 3.1.c. Reported Incidents of Housing Discrimination
in the Town of Hamburg: 1/1/03 – 12/31/08

Date          Case        Location of Bias Incident/ Complainant     Basis   Disposition
              Number
2003
01/3/03       03/0046     Claire Court Apts/Hamburg                  O       Supplied info
01/8/03       03/0100     Oakwood Apts/Hamburg                       Dis     Filed HUD
01/27/03      03/0454     Pinegrove Park Assn/ Hamburg               Dis     Filed HUD
02/18/03      03/0684     E. Allen St./ Blasdell (Clt)               FS      Supplied info
03/14/03      03/1073     4366 S. Park Ave/Blasdell                  FS/MS   Conciliated
04/3/08       03/1446     Burke Rd/Hamburg (Clt)                     FS      Supplied info
04/08/03      03/1517     Pinegrove Park Assn/Hamburg                Dis     Filed HUD
04/08/03      03/1525     Brantford Place Apts/Hamburg               SOI     Supplied info
07/07/03      03/2879     Camelot Coachlite Apts/Hamburg             FS      Conciliated
07/16/03      03/3022     Pinegrove Park/Hamburg (Clt)               Dis     Filed HUD
08/27/03      03/3725     Brantford Court Apts/Hamburg               SOI     Filed Town
09/03/03      03/3857     5546 Scranton Rd/Hamburg                   SO      Supplies info
09/18/03      03/4097     Brompton Dr/Blasdell (Clt)                 FS      Filed HUD
12/5/03       03/5254     Washington Sq Apts/Hamburg                 FS      Filed HUD
12/17/03      03/5377     2850 Amsdell Rd/Hamburg                    NO      Supplied info



                                               24
 


Date            Case         Location of Bias Incident/ Complainant         Basis        Disposition
                Number
2004
01/15/04        04/0219      4250 Allen St/Blasdell                         R,C          Supplied info
01/15/04        04/0224      4250 Allen St/Blasdell                         R,C          Conciliated
01/20/04        04/0256      3785 Wabash/Blasdell                           R/C          Supplied info
7/23/04         04/2932      Deerfield St/Hamburg (Clt)                     MS           Supplied info
7/29/04         04/3044      Maplewood Apts/Hamburg                         FS           Supplied info
09/21/04        04/3980      South Park Av/Blasdell (Clt)                   Dis          Conciliated
09/22/04        04/3988      Oakwood Apts/Hamburg                           FS           Supplied info
09/23/04        04/4025      Orchard Av/Blasdell (Clt)                      Rel, NO      Supplied info
10/20/04        04/4461      Pearl Av/Blasdell (Clt)                        Dis          Conciliated
2005
4/25/05         05/1252      Bradford Place Apts/Hamburg                    SOI          Supplied info
4/28/05         05/1296      121 Holiday Ln/Hamburg                         R/C/FS/      Supplied info
                                                                            SOI
12/19/05        05/4672      Washington Sq Apts/ Hamburg                    FS/MS         Conciliated
2006
1/18/06         06/0209      Maplewood Apts/Hamburg                         SOI          Supplied info
1/19/09         06/0245      4055 Knoll Rd/Hamburg                          SOI          Supplied info
2/1/06          06/0449      5400 South Park Av/Hamburg                     SOI          Supplied info
4/28/06         06/1563      3450 Howard Rd/Hamburg                         S            Filed HUD
7/11/06         06/2468      Southwestern Blvd/Hamburg (Clt)                Dis          Supplied info
7/19/06         06/2554      5455 Southwestern Blvd                         O            Supplied info
11/8/06         06/3798      3674 Commerce Dr/Hamburg                       R/SOI        Conciliated
2007
1/4/07          07/0036      12 Sickman Av/Hamburg                          R/C          Supplied info
2/12/07         07/0450      5327 Rogers Rd/Hamburg                         S/SO         Provided info
6/7/07          07/1911      3180 Cambridge Sq/Blasdell                     SOI/Dis      Supplied info
6/8/07          07/1940      Scranton Rd/Hamburg (Clt)                      R/D/FS       Supplied info
6/18/07         07/2045      5278 Southwestern Blvd/Hamburg                 A/FS         Supplied info
6/28/07         07/2174      4591 Southwestern Blvd/Hamburg                 SOI          Supplied info
8/14/07         07/2863      Maple Av/Blasdell (Clt)                        FS           Supplied info
2008
2/15/08         08/0553      Burke Rd/Lakeview (Clt)                        SOI          Supplied info
7/18/08         08/2893      3669 Lake Av/Blasdell                          SOI          Conciliated
8/28/09         08/3445      3402 McKinley Pkwy/Blasdell                    R/C          Supplied info
11/24/08        08/4701      Rogers Rd/Hamburg                              Dis          Supplied info
12/11/08        08/4888      4 Linwood Av/Hamburg                           FS           Supplied info


Key: R (race), C (color), Rel (religion), NO (national origin), S (sex/gender), Dis (disability), FS (familial
status/presence of minor children), MS (marital status), A (age), SO (sexual orientation), MilS (military
status), SOI (source of income).

Total = 46 Reported Incidents



Here we have three different data sets. Two (Tables 3.a and 3.b) represent actual
discrimination complaints which were filed with government agencies while the third (Table 3.b)
represents alleged incidents of housing discrimination reported to the Buffalo-Niagara region’s
principal fair housing agency.


                                                     25
 


With regard to bases for discrimination, data supplied by the Department of Housing and Urban
Development indicate that the most frequent basis cited in federal complaints is disability
(31.3%)—followed by familial status (25.0%), sex (18.8%), race (12.5%) and religion (12.5%).
(Note total percentages exceed 100.0 because often more than one basis is cited in a
complaint.    Accordingly, one might say, for example, that 31.3% of federal housing
discrimination complaints involved a disability claim.)

With regard to data supplied by the NYS Division of Human Rights, the most frequently cited
basis was disability (50.0%)—followed by familial status (28.6%), sex (14.3%), race and color
(each at 7.1%).

While federal data only tracks discrimination based on seven protected classes of the law (race,
color, religion, national origin, sex, disability and familial status) and state data tracks an
additional four protected classes (age, marital status, military status and sexual orientation).
data compiled by HOME also includes municipally protected classes: source of income and
gender identity.

HOME’s data holds that the most frequently reported basis for discrimination is familial status
(24.2%)—followed by source of income (17.7%), disability (16.1%), race (12.9%), color (9.7%),
marital status (6.4%), national origin, sex and sexual orientation (all at 3.2%) and religion and
age (both at 1.6%).

By this account the second most frequent type of housing discrimination is not even prohibited
by federal or state law. Thankfully, the Town of Hamburg has demonstrated the foresight to
enact a local law protecting its residents from this type of bias.

Due to its subtlety, discrimination is a vastly under-reported crime. According to the 2008 report
of the National Commission on Discrimination in Housing, of the approximately four million
incidents of housing discrimination which occur each year, fewer than 30,000 (or 7.5 percent)
are reported to government or private fair housing agencies. Accordingly, the data reported
above represent only the tip of a very large iceberg.

3.2: Hamburg’s Fair Housing Program

Like many municipalities in the Buffalo-Niagara region, the Town of Hamburg has found it cost
effective to employ the services of a specialized contractor to provide its residents with basic fair
housing services and to advise the Town on efforts to affirmatively further fair housing.
However unlike other municipalities, Hamburg has asked that contractor to provide additional
services to its residents.

Housing Opportunities Made Equal is a membership based civil rights organization which has
led fair housing efforts in the region since 1963. HOME’s mission is to promote the value of
diversity and to ensure the people of Western New York an equal opportunity to live in the
housing and communities of their choice—through education, advocacy, the enforcement of fair
housing laws and the creation of housing opportunities. HOME has provided fair housing
education and enforcement services to municipal, county, state and federal governments and
has been the recipient of two HUD best practice awards.


                                                 26
 


HOME provides the following services under terms of its contract with the Town of Hamburg.

       Comprehensive services for victims of housing discrimination living or seeking housing
       within Hamburg (including recording and investigation of reported incidents, paralegal
       counseling, client advocacy, case preparation for legal referral, and emotional support
       and resource referrals for victims);

       Information about fair housing law for landlords, tenants, home seekers and sellers, real
       estate agents and housing providers (including distribution of fair housing brochures and
       other informational materials);

       Paralegal counseling to aid in the resolution of landlord-tenant disputes;

       Housing/human service information and referral;

       Educational presentations within the Town; and

       Technical assistance to the Department of Community Development on matters related
       to fair housing.

While these services are provided under contract to a number of communities within the
metropolitan area, Hamburg has requested additional services in order to better affirmatively
further fair housing. Those additional services include:

       Conducting regular monthly office hours at a satellite office in the Hamburg Town Hall for
       residents;

       Conducting educational presentations for the Hamburg Town Board and others
       designated by the Department of Community Development;

       Working in partnership with the Department of Community Development to implement
       the Hamburg Fair Housing Law by means to targeted outreach and training for real
       estate offices and apartment complexes;

       Working with Belmont Shelter Corporation’s Hamburg satellite to assure mobility
       services for Section 8 participants wishing to move to the Town; and

       Publicly affirming Hamburg’s commitment to fair housing by means of a corporate
       membership in HOME in the name of the Town and an advertisement in the journal
       distributed to WNY’s largest annual gathering of fair housing supporters.

3.3: Implementation of the 2003 Action Plan

In June of 2003, the Town of Hamburg accepted a previous study of Analysis of Impediments to
fair Housing which included the following series of recommendations.

    1) The Town of Hamburg should review its Fair Housing Law within the context of changes
       which have occurred in state and federal law and, if appropriate, amend the statute.




                                               27
 


    2) The Town of Hamburg should review its Fair Housing Law to eliminate or narrow the
       owned-occupied exemption.

    3) The Town of Hamburg must arrange for HUD training of code enforcement officials in
       the accessibility requirements of the Fair Housing Amendments Act of 1988.

    4) The Town of Hamburg should request that housing providers selling or renting more
       than 20 units adopt an affirmative fair housing marketing plan which markets housing
       opportunities to racial, ethnic and other groups unlikely to apply for housing, with copies
       of the affirmative fair housing marketing plans to be filed with the Town.

    5) The Town should survey a sample of purchasers of housing within the Town in order to
       determine the reason for their housing choice and probe whether purchasers
       experienced possible discrimination.

    6) The Town should work in concert with Belmont Shelter to promote Hamburg housing
       opportunities to both new Section 8 participants as well as continuing participants who
       are looking to relocate.

    7) The Town should evaluate down-sizing minimum parcel size requirements in R-2 and R-
       3 districts to make more efficient use of available land in areas where the Town seeks to
       encourage development.

    8) The Town should review definitions contained within the zoning ordinance to make
       certain they comply with current legal standards as defined by statute and case law.

    9) While remaining sensitive to legitimate community concerns, the Town should not view
       NIMBY reactions as sufficient to preclude needed and well-conceived affordable housing
       developments.

    10) In order to promote socio-economic diversity, the Town should consider an ordinance
        requiring that one in every 15 new units (6.7% developed in a subdivision or multi-family
        development should be affordable to persons with incomes no greater than 80 percent of
        median.

    11) The Town should collaborate with civil rights and minority social and professional
        organizations to affirmatively seek qualified and diverse candidates for its Planning and
        Zoning Boards.

    12) The Town should seek additional cost-effective means to conduct fair housing education
        and outreach to both inform residents of their rights and symbolize openness to
        minorities.

    13) The Town should ask Hamburg real estate offices and every housing provider with 20 or
        more rental units within Hamburg to display a HUD fair housing poster in its business
        office and/or to include the phrase “equal opportunity housing” on applications and in
        advertisements.



                                                28
 


An examination of the record reveals that Hamburg has made significant progress in
implementing the 2003 Action Plan.

At the urging of the Department of Community Development, the Town Board did review its
1986 Fair Housing Law (Recommendation #1)—adding protected classes, and narrowing the
exemption (Recommendation #2) to exclude only owner-occupied two-family structures
publicized without advertising.

Additional amendments to the Fair Housing Law (approved 2/28/05) added a new section
entitled “Education and promotion of housing goals” which required larger housing providers to
display a notice of equal opportunity or use the equal opportunity logotype (Recommendation
#13) and to formulate an Affirmative Fair Housing Marketing Plan (Recommendation #4).

In partnership with HOME, the Town has arranged for the dissemination of HUD materials
concerning federal accessibility standards to code enforcement officials (Recommendation #3).
Additionally the Town has included in HOME’s scope of services a requirement that it work
cooperatively with Belmont Shelter Corporation to promote housing opportunities for Section 8
voucher holders. (Recommendation #6).

The Town has conducted surveys of participants in its First-time Homebuyers Program, which
have shown the most prevalent reason for housing choice within Hamburg is the higher level of
financial assistance provided. To this point there has been no indication of discrimination
(Recommendation #5). The Department of Community Development and HOME are now in
discussions about surveying a broader sample of residential homebuyers.

Recommendations #7 and #8 pertain to zoning which may have the effect of making housing
less affordable. In September 2008 the Town of Hamburg adopted a Comprehensive Plan
which responded to these recommendations with the following:

       “Encourage balanced growth to provide for a diverse living environment for people of all
       income levels that builds upon past development and creates a safe environment for the
       future.

       The Town needs more affordable housing options. There is a concern that the present
       regulations discourage the ability to construct moderate cost housing….Options, such as
       more multi-family housing, smaller (affordable) homes, and the revitalization of existing
       housing stock should be evaluated. Housing in the town should accommodate all
       incomes and age groups. The Town needs to explore ways to encourage the
       development of moderate cost housing, such as through density incentives and other
       innovative tools.

       There are areas…that are zoned R-3 or multi-family development, with some R-4
       lands….Most are fully developed, except the R-4 area of Camp Road. Therefore, the
       need for additional areas of R-3 zoning should be considered, but such
       development/zoning must be located where dense residential development makes
       sense.”



                                              29
 


Although the Town may not have chosen to adopt the particular devices recommended in the
2003 study, Hamburg has clearly acknowledged the need for affordable housing and is
grappling with mechanisms to fill that need.

Recommendation #12 had urged additional cost effective measures to inform current Town
residents of their fair housing rights and to symbolize and openness to minority residents. The
later has been addressed by the Town’s request to be listed as a corporate member of HOME
and annual messages of support in the souvenir journals published for HOME annual meetings,
which have traditionally been the largest annual gathering of fair housing supporters.

The Town has been less successful in implementing other recommendations in the 2003 Action
Plan.

       There has been no move to construct a second phase of the Princeton Square, a
       successful affordable housing development. Ironically, NIMBY opposition has reportedly
       come from some residents (i.e. beneficiaries) of Phase I. (This was genesis of
       Recommendation #9.)

       There has been no move to implement a scheme of inclusionary zoning
       (Recommendation #10).

       It appears there are no people of color or people with mobility impairments or other know
       disabilities among the 16 members of the Planning and Zoning Boards; two of the 16 are
       female. (Recommendation #11 had suggested a strategy to promote greater diversity.)



3.4: Fair Housing Status

Although incident data verify that housing discrimination occurs within the Town of Hamburg as
it does within virtually every community, the Town has hired a qualified contractor to assist
residents and prospective residents who have encountered bias. Additionally, the Town of
Hamburg is among the few in the Buffalo-Niagara MSA to have enacted a municipal fair housing
ordinance and alone in narrowing the exemptions of existing New York State Law.

While not perfect, the Town has addressed the majority of the 13 recommendations of in the
Action Plan contained in the 2003 Analysis of Impediments to Fair Housing.

Lastly, there are no pending discrimination complaints against Town government. In fact, the
Town of Hamburg has a well earned reputation for inclusiveness.

The most recent example surrounds a proposal by a respected not-for-profit service provider,
People Inc., to build a 43 unit affordable housing development for income-eligible seniors in the
adjacent Town of Orchard Park. According to a front page article in the 10/21/09 Buffalo News,
after requesting original zip codes of seniors who had moved to a close-by senior development
also run by People Inc., the Town had moved to block the housing.




                                               30
 


In an email to People’s chief operating officer on 11/6/09 Hamburg Director of Community
Development wrote (in part):

         “I…was outraged to read about what lengths Orchard Park would go though to
       eliminate a senior housing complex….After reading the news articles, my outrage and
       anger grew to the point where I want to do whatever it takes to get the project out of
       Orchard Park and into Hamburg….Bring the project to Hamburg. I will do whatever I can
       to help.”

Perhaps better than any analysis, this statement encapsulates Hamburg’s fair housing status.




                                              31
 


CHAPTER IV: EXAMINATION OF POSSIBLE IMPEDIMENTS TO FAIR HOUSING

4.1: Zoning

In 2007, the Town of Hamburg adopted a revised Comprehensive Plan, which updated the 1997
Master Plan. Over the past decade, the Town has transitioned from a heavily rural area into a
more suburban community. The increase in population over the past decade has resulted in the
need for more residential use of land for single-family houses. As cited in the updated
Comprehensive Plan, the Town averaged close to 200 new single-family residential houses
each year.

The 1997 Master Plan was originally drafted as a response to the issues directly related to the
“suburban sprawl.” The Town attempted to institute zoning measures to limit land used for
residential purposes. While some progress has occurred, the Town still receives the growing
pressure of the suburban sprawl. Due to this, the Town implemented new goals and objectives
to address these issues along, while keeping in mind the importance of growth and
sustainability. Issues addressed in the 2007 Plan included:

              A pro-active approach for open space protection and preservation,
              Revised standards for housing and subdivision development,
              Multi-family housing development,
              Commercial and industrial development patterns, and
              Traffic and transportation needs, etc.


It should be noted that since the Comprehensive Plan was adopted in 2007, the overall
population of Erie County has continued to decline. The American economy faced its worst
economic downturn in decades which resulted in a domino effect of financial instability
throughout the domestic and global markets. This caused a crisis in the housing market s,
which included an increase in loan defaults and foreclosures.

While the housing market is stabilizing in most regions, the economic crisis still has a lingering
effect on the state and local level. Due to this, the Town of Hamburg’s Department of
Community Development, has instituted various programs to assist low-to-moderate income
households during these financially difficult times.

Specifically, the Department created a program to assist prospective homeowners with the
costs of purchasing housing within the Town. The program was created as a direct result from
the increased costs to homeownership and the overwhelming demand for units in Hamburg’s
existing affordable housing subdivision. Hamburg’s program assists first-time homeowners with
funding when purchasing an existing house within the township20.

The Town of Hamburg has six general zoning categories of housing.



                                                            
20
     http://www.townofhamburgny.com/hometown_housing.pdf


                                                               32
 


    (1) R-A (Residential-Agriculture) is designated for single-family detached dwellings, and
        other various business uses such as churches, elementary/secondary schools, public
        libraries, fire stations, etc. The Planning Board is flexible and has permitted other uses
        by special permit only, such as for private airports and day-care centers. The lot area
        permits requires two acres for all principal uses and structures.

    (2) R-E (Residential-Estate) Districts are similar to those of R-A designation, where it only
        permits single-dwellings and other various businesses. In contrast to R-A districts, R-E
        districts are more restrictive and only permit the use of one acre for all principal uses and
        structures. R-A and R-E designations are generally more restrictive than other zoning
        use groups.

    (3) R-1 Districts are designated for single-family dwellings only. The principal uses and
        structures are the same as permitted in the R-E district. Single-family dwellings are
        included in R-1 zoning. In 2003, the lot size requirements were amended—increasing
        them from 11,250 square feet (with sewer service) or 20,000 square feet (with septic
        systems) to 15,000 square feet (with sewer service) or 30,000 square feet (with septic
        systems); minimum frontage increased from 25 to 30 feet.

    (4) R-2 Districts allow the same permitted uses as in R-1 Districts, but also permit two-family
        dwellings. For two-family dwellings, the minimum lot size requirement is to be at least
        7,000 square feet per dwelling unit (with sewer service) and 20,000 square feet where
        there is not. This represents an increase from 5,310 square feet per dwelling unit. The
        lot width at the building line requires 70 feet for one dwelling and additional 30 feet for a
        second dwelling unit. This is for those dwellings with a sewer system. Where there is a
        lot without a sewer system, it requires 100 feet for a one dwelling unit, plus an additional
        100 feet for a second dwelling unit. This requirement also increased from 85 feet (with
        sewer units) and 100 feet (with septic systems.)

    (5) R-3 Districts are designated as a “Multifamily District” which permit multifamily dwellings
        or condominiums. According to the Town’s zoning ordinance, the minimum lot size for a
        single-family dwelling is 9,000 square feet and a two-family dwelling’s minimum size
        requirement is 5,000 square feet per dwelling unit. There is no minimum requirement for
        a three-or-more family dwelling for lot size. Rather, it states that multi-dwelling units, not
        exceeding three stories, must be in compliance with all other minimum requirements and
        the parcel size must accommodate all buildings and parking. Parcels for buildings over
        three stories tall have no minimum size requirements, but most comply with state density
        standards.

    (6) The last residential district is R-4, which permits mobile home parks. The 2003 Analysis
        of Impediments study had noted that in previous years Town officials did not want any
        more mobile home parks. However, the proposed Mission Hills Park was never built
        even after the landowner filed suit in court. Since then, the land sought to be used as
        the proposed mobile home site is now zoned for the Villages at Mission Hills, which is a



                                                 33
 


              project consisting of 347 units of mixed residential development, most of which are
              designated for senior housing. Some units will be designated and reserved for
              affordable housing too. There are currently three mobile home parks in the Town of
              Hamburg: Waterfalls Village, Eagle Crest Home Park, and Brook Gardens.


In examining Hamburg’s r residential zoning, it may be useful to contrast the Town’s
requirements with those of the City of Buffalo. In an R-1 District, Buffalo requires a minimum of
5,000 square feet for a unit, with frontage of 50 feet, whereas the Town of Hamburg requires a
minimum of 20,000 square feet with 90 feet frontage even in areas served by a sewer system.
(Septic systems understandably require wider lots.)

The Town’s increased minimum lot size requirements have the perhaps unintended effect of
raising construction costs of new housing and, over time, contributing to higher costs of
maintenance and higher property. This may be identified as an impediment for affordable
housing.

The updated Comprehensive PLAN discusses the “revised standards for housing and
subdivision development”21 and relates it to the importance of future growth and sustainability
within the Town. However, while the Town did expand minimum requirements for residential
properties, the Comprehensive Plan also addresses the need for multi-family housing
developments within the Town to facilitate future growth and sustainability. The Plan
acknowledges the fact that multi-family developments have been limited, but notes proactive
steps in developing affordable housing and insisting on affirmatively marketing this type of
housing. In fact, the Town has five government assisted housing developments22 within its
borders and continues to make proactive steps with respect to fair housing.

As stated earlier, there is no minimum lot size requirement for multi-family housing for three or
more families. This sort of flexible zoning requirement may encourage construction of more
multi-family housing developments within the Town.

Finally, the Town does permit certain projects zoned in the Planned Unit Development (PUD)
District. This is limited, however, to specific zoned projects. For residential purposes, those
projects designed as R-3 are only permitted in the PUD district. As per the ordinance, the
permitted uses shall be “mixed to provide multi-use neighborhood” and should include a variety
of services. All projects designed under the PUD district must be approved by the Planning
Board. The minimum lot designation shall not be less than 25 acres, but it states in the
ordinance that there is flexibility in order to provide enhancement to public and private
development.

       •      Impediment: The increases in minimum lot sizes for residential dwellings contributes to
              increased costs of homeownership making it less affordable for persons of limited
              means.

                                                            
21
     The Town of Hamburg 2007 Comprehensive Plan Update, p. 8
22
     The Town of Hamburg 2007 Comprehensive Plan Update, p. 13


                                                               34
 


4.2: Code Enforcement

The Hamburg Town Board established a Department of Code Enforcement to enforce and
execute both the state law23 and local laws, as established by the Town. Hamburg had adopted
New York States uniform code.

Currently, Hamburg has seven code enforcement officers, one of whom is designated as the
supervising official. The code enforcement officers, subject to the Town Board’s approval,
enforce and administer the laws, ordinances, rules and regulations governing the applicant’s
plans, specifications, constructions, alterations, repairs, conditions or maintenance pertaining to
the buildings, equipment and other structures.24 They also have the authority to issue in writing
any orders to remove illegal/unsafe conditions in order to comply with safety regulations and
also have the authority to issue certificates of occupancy in accordance with the fire and
prevention building code.

If a property owner is shown to be non-compliant with the state and local building codes, the
code enforcement officer may issue an order for compliance. The violator must comply with the
order within 30 days after service or within the timeframe designated by the code enforcement
official. While the state law permits a 30-day compliance timeframe, the Town has stricter
timeframes and only permits 10 days from the date of service in order to comply with the rules
and regulations violated. If the violation persists, the code enforcement officer may issue an
oral or written notice requiring that the work be stopped until the violation has been remedied. If
the violation is not remedied, then the violator may be subjected to a penalty of not less than
$50 or more than $500. Each day that such a violation shall be permitted to exist, is viewed as
a separate offense.

If a building or structure becomes unsafe because of violations, the Department of Code
Enforcement can direct that it be removed or demolished subject to the Town Board’s approval.
If the Town Board does determine that the building must be removed, it issues a written notice
to the owner of the building notifying him/her of the costs of the work that is needed on the
building or structure. Included in the written notice are a date and time as to when the Town
Board will hold a public hearing, during which the owner may appear to contest or object to the
scope or costs of the work. If the owner continues to neglect the order or refuses to comply, the
Building Inspector will then survey the property and draft a written order, which is be placed on
the unsafe property. All costs that are incurred by the Town in connection to any proceedings to
remove the property are assessed against the land in which the building or structure is located.

James Eberhardt, a code enforcement official for the Town, reports that there have been
approximately 925 complaints so far for the year 2009. He explained that the code enforcement
officials are generally flexible when it comes to building code violations. Mr. Eberhardt observed
that there seem to be many more complaints and violations in recent years, possibly due to the
market crisis. The demolition process is the “last straw” when it comes to housing violations
and these include more houses than other commercial real estate. Mr. Eberhardt explained

                                                            
23
     N.Y. COMP. CODES R. & REGS. tit. 19, § 1203.2 (Jan. 1, 2007).
24
     Gen. Legis. § 76-4 (B)


                                                               35
 


that, depending on the size of the property, the cost of demolitions can range from $5,000 to
$20,000. The lesser expensive demolitions stem from older cottages near the lake that fall in
disrepair.

 Walter Bratek, another code enforcement official, explained that while the majority inspections
arise from complaints, the Town also conducts systemic code enforcement. Many violations
come from merely driving by a certain site or the discovery of work conducted without a building
permit.

The authors note no ways in which the Town’s code enforcement program constitutes an
impediment to fair housing.

4.3: Tax Policies

In New York State, property tax is based on the value of real property. The amount of a
particular property’s tax bill is determined by two things: the property’s taxable assessment and
the tax rates of each particular jurisdiction to cover budget costs after all other sources of
revenue are considered. For the Town of Hamburg, the municipal tax levy for 2008 was
$16,102,575, which ranked sixth among Erie County municipalities. The tax rate was $8.99 per
thousand dollars of assessed value, which ranked 19th among Erie County municipalities.

The Town has its assessment information available on the web in a transparent fashion at
http://www2.wdgis.com/Hamburg/UserForms/Hamburg/home.aspx. Town residents are able to
review property data, comparable sales and assessment information, and maps of comparable
locations. While all residential sales undergo an assessment, the Town has not undergone a
complete revaluation since 1990. Hamburg is one of 17 municipalities in Erie County that does
not undergo an annual systemic property assessment. Property tax payments are due February
15th each year, and town residents are able to pay their assessments online, as well as at three
M&T Branches in Hamburg.

Statewide, there is one specific program which applies to all communities regarding tax
exemptions. The School Tax Relief Program (STAR) provides a partial exemption from school
property taxes. The Basic STAR exemption is available for owner-occupied, primary residences
regardless of the owner’s age or income. The basic program works by exempting the first
$30,000 of the full value of a home from school taxes.

There is also an Enhanced STAR exemption, which applies only to the primary residence of
senior citizens (age 65 and over) with yearly incomes not exceeding the statewide standard
(which in 2008, the amount was $74,700)

Besides the statewide STAR exemption, the State of New York offers each separate
municipality the opportunity to select additional exemptions to offer the residents of the town.
Among residential property owners, the Town of Hamburg offers exemptions to property owners
who are veterans, members of the clergy, senior citizens, volunteer firefighters, and disabled
persons with low income.




                                               36
    


   For residents to qualify for the disability exemption, they must provide documented evidence of
   their disability. For the exemption, state law allows each municipality to set the maximum
   income limit at any figure between $3,000 and $21,500. In 2008, there were 108 people in the
   Town of Hamburg who made use of the exemption.

   The Town of Hamburg also offers exemptions to senior citizens by effectively reducing the
   assessed value of their residential property by 50%. In order to qualify, seniors must be 65
   years of age at meet certain income requirements. The State gives each municipality the option
   of setting the maximum income limit of qualification. In 2008, 1,269 persons made use of the
   senior exemption.

   These exemptions are a small but albeit important contribution toward furthering the cause of
   fair housing in the town because they give assistance to two protected classes of the law, senior
   citizens and persons with disabilities (with low incomes), for whom home ownership is often not
   a viable option because of the burden of property taxes associated with home ownership. Given
   the aging population of the Town, it is important that these tax exemptions are kept in place and
   well publicized.

   The authors note no ways in which the Town’s tax policies constitute an impediment to fair
   housing.

   4.4: Public Services and Revitalization Policies

   Police and Fire


   The Town of Hamburg is currently serviced by one central Police Station, which houses all 61
   members and services of the Hamburg Police Department. Although crime statistics for the
   Town are well below most municipalities in Erie County, there has been an increase since 2004,
   especially in the area of property crime

   Table 4.4 Index Crimes Reported: 2004 - 2008


       Index     Violent                Forcible                     Agg.         Property                        MV
Year                           Murder                  Robbery                                Burglary Larceny
       Crime     Crime                   Rape                       Assault        Crime                         Theft

2004       358             5        0              0           2              3         353        42     302        9

2005       327             7        0              0           2              5         320        32     268       20

2006       264             5        0              0           0              5         259        40     206       13

2007       830         43           0              9           14         20            787       122     647       18

2008       913         35           0              1           7          27            878       149     694       35




                                                          37
 


In addition to regular police services offered, the Town employs a full-time domestic violence
advocate to deal with what has been termed “an increasing number of domestic violence calls”
handled through the Town of Hamburg Police Department.

In 2009 the Town opened a new dispatch office which handles both fire and emergency medical
service alarms for the Town of Hamburg, as well as for the Towns of Boston, Colden and Eden.
The Public Safety office is staffed by 13 full-time and 3 part-time dispatchers. There are nine fire
districts within the Town, which are protected by 14 fire companies spread out across the Town.

Public Transportation

Currently the Niagara Frontier Transit Authority offers eight public transportation routes that run
through the Town of Hamburg, including three express routes that connect the Town to
Downtown Buffalo.

In addition to the eight routes, the NFTA also provides services for riders with disabilities. All
Metro Bus vehicles are equipped with a wheelchair lift, ramp, or kneeling feature. Wheelchair
tie-down positions are also provided on all busses. Services include permitting personal care
attendants to ride Metro Bus or Rail free-of-charge. Half fares are available for qualifying
individuals with disabilities, persons presenting a Medicare card and persons 65 years of age
and older during all hours of operation.

Curb- to- curb, lift-equipped van service called the Para-transit Access Line (PAL) is available
for those unable to board, ride or disembark from a Metro Bus, or travel to and from a bus stop.
Para-transit fares are double the fixed route fare.

Neither the Town nor the Hamburg Chamber of Commerce consider the limited number of
public transportation routes to be a significant barrier to the hiring needs of Town employers or
those seeking employment within the town. This is probably due to the fact that Census data
indicates that only 0.5% of residents utilize public transportation to get to work. Also working in
to support that belief is that there is bus coverage in the more developed northern part of the
Town. However, as the Town prepares to cope with an aging population, it must take into
consideration more than the working population as retirees may also need access to public
transportation. By working with the NFTA to create more opportunities for public transportation,
the Town would also be fulfilling a goal outlined by its 2007 Comprehensive Plan, which is to
improve traffic patterns within the town.

Water and Sewer

The 2007 Consolidated Plan reports that almost the entire Town has public water service. Many
sections of the Town, however have aging waterlines. This has led to a concerted effort to
improve the quality of waterlines in the Town, particularly in the more urban northern sections.
The Town is also required to improve the quality of their water service because the Town Board
entered into a Memorandum of Understanding with the Erie County Water Authority in May
2008, in which both parties agreed that the Town’s water districts would be consolidated and
then control of the entire district be transferred to the Erie County Water Authority. The total
cost of this project is estimated to be around $5.3 million, all of which is to be incurred the Town.


                                                 38
 


While almost the entire Town has water coverage, there are still areas that do not have public
sewer service. Most notable is the Lakeview area, where residents have expressed a desire to
limit the expansion of water and sewer lines in order to limit housing development. This area,
while a desirable location for housing because of its scenic location, lacks not only sewer
coverage but public transportation.

Revitalization Policies

The 2007 Consolidated Plan emphatically states that the Town needs more affordable housing
options for all income strata and age groups. To solve this problem, the plan gives few specifics
and instead suggests that some sort of ‘’innovative tool” be used to create more affordable
housing in the area. One suggestion offered is the reevaluation of zoning practices, specifically
in areas in the northern section of the Town, the area closer in proximity to the villages of
Hamburg and Blasdell. The former Town Hall Plaza is pointed to as an ideal area for this type
of zoning reconsideration, as a mixed-use area which could include residential and multi-family
housing.

According to the Town’s 2008 Consolidated Annual Performance Report (CAPER), the Town
expended $641,246.29 in Community Development Block Grant (CDBG) funds. It is reported
that 23,475 units of service were funded thru these block grant funds. These services included
non-housing related activities for senior citizens and a battered spouse counseling program.
CDBG funds were also used to improve water service in two targeted low income
neighborhoods. One area targeted was a section of the Town of Blasdell, while the other was in
the Town of Hamburg. Together, these projects assisted over 966 households by completing
1255 feet of waterline reconstruction benefiting 2,415 low/moderate income residents.

Among the reported beneficiaries of service were 18 households who received low/no interest
loans to rehabilitate housing inside the Town of Hamburg (which substantially exceeded the
program goal of 10 loans). Of these 18 completed projects, 10 were single-family homes and
eight were mobile homes. All 18 households who received assistance were White, 11 were
very-low income (incomes below 50 percent of median).

The Town also provided grants to 20 first-time homebuyers (exceeding the goal of 12). Because
of an increase in housing costs from 2007 to 2008, the Town increased the assistance amount
from $10,000 to $15,000 to better assist potential home buyers. All 20 of the homebuyer grants
administered were given to White households, and all were used to purchase single family
homes.

The Town offers a similar grant for first-time homebuyers who are building homes within the
Town of as much as $40,000. This program is, however, administered on an as-available basis.
Two such grants were made in 2008, both to White households.

Anecdotal evidence suggests that, despite disappointing results in terms of minority
participation, the Town has affirmatively reached out to prospective minority populations.
Promotional spots have been broadcast on the region’s urban radio station, WBLK, and print
advertisements have appeared in the Challenger, which is Buffalo-Niagara’s most widely read



                                               39
 


African-American weekly newspaper. Despite the outreach efforts, no persons of color took
advantage of the homebuyer opportunities.

The 2007 Comprehensive Plan recommends that the Town: “Promote the
development/redevelopment of affordable housing, particularly in older development
communities in the town”. The Plan singles out the neighborhoods of Lakeview Terrace,
Rosedale, Woodlawn and Lake/Abbott Roads as neighborhoods where revitalization is a
priority. There are, however, no specific tasks listed in the “Implementation’ section of the Plan.
And it does not appear that the revitalization policies listed above are targeted to any specific
area of the Town.

       Impediment: The lack of public transportation in the southern sections of the Town limits
       housing opportunities for those who rely on public transit.


       Area of Concern: Despite the best efforts of the Town, utilization rates of housing
       programs by persons of color remain very low.


       Area of Concern: While the Consolidated Plan states that there is a definite need for
       increasing affordable housing, there are no concrete proposals included in the Plan.



4.5: Planning & Zoning Boards

Because matters related to planning and zoning can have a significant impact on fair housing
choice, HUD places special focus on the composition of the citizen boards which are appointed
by a municipality’s elected officials to make decisions on applications for development and
zoning variances. In the Town of Hamburg, appointments are made by the elected Town
Board, which consists of a supervisor (elected for a four-year term) and four councilmembers
(elected for two-year terms).

Zoning Board

The Hamburg Zoning Board of Appeals hears and decides variance applications filed by
applicants who have been administratively denied Building or Use permits. The Board consists
of eight members, including a chairman. Board members are compensated for their part-time
work on the board. Currently, all eight members of the zoning board are men. None are persons
of color. None are known to be disabled.

The Board meets monthly, with the date, time and location of said meeting posted on the Town
of Hamburg’s website, as well as minutes from previous meetings. As of mid-December 2009,
there are no minutes posted, for meetings since September 2009.




                                                40
 


Planning Board

There are eight members of the Planning Board, who are also compensated for their part time
work on the Board. Currently, the eight-member Planning Board consists of five men and two
women. No members of the board are persons of color. None are known to be disabled.

The Planning Board meets twice each month. The date, time, location and agenda for each
meeting is posted on the Town’s website, along with minutes from previous Planning Board
meetings.

Composition of the Planning and Zoning Boards

Among the sixteen members of these two bodies there are fourteen men and two women. All
sixteen board members are White non-Hispanic. There are no representatives of other races or
of Hispanic ethnicity on either board.

In addition to race, national origin and sex, the federal Fair Housing Act enumerates four other
protected classes: color, religion, sex, disability and familial status. Without surveying each of
the sixteen board members, the authors were unable to ascertain whether any had minor
children or suffered from a mobility-impairment or other disability.

While the population of the Town is overwhelmingly White, diversity of all kinds is needed for
these boards, especially when so many important decisions about the future of the Town are
made here. If, as the 2007 Comprehensive Plan suggests, that a goal of the Town is to create
“a diverse living environment for people of all income levels”, then balanced, responsible
decisions from these boards are needed.

The authors of this analysis believe it would be unfair to conclude that the current Planning and
Zoning Boards are insensitive to the needs of people of color, persons with disabilities, families
with children, lower-income renters, and others who appear to be under-represented among its
current membership. However, it is clear that diversity among appointed officials telegraphs the
openness of a community to diverse populations and better assures that the interests of those
populations with be considered fairly in government.

       Area of Concern: The lack of diversity on both the Planning and Zoning Board of
       Appeals may transmit and unintended message about the openness of Hamburg to
       diverse populations.

4.6: Private/Rental/Section 8 Housing

Like most other suburban communities, the Town of Hamburg does not administer its own
public housing. In place of public housing Hamburg has other viable housing options for low-
income housing seekers.

Fair Housing Ordinance and Section 8 Administration

In December 1986 the Town passed its own Fair Housing Ordinance which, quite progressively
for that time, included a provision outlawing discrimination based on lawful source of income.


                                               41
 


This source of income provision includes all Section 8 Housing Choice Vouchers. Accordingly, it
can be argued that all rental property in the Town whose rents do not exceed payment
standards has the potential of becoming a subsidized unit.

Despite the voucher-friendly law that exists within the Town as well as only two other
municipalities in Erie County, voucher usage in Hamburg’s 5,573 rental units is limited. In 2008
Belmont Shelter had 232 housing vouchers in use in Hamburg, Blasdell and the Village of
Hamburg.

Private Housing

Given the relative paucity of multi-family rental units in the Town, renters seeking non-
subsidized housing are often forced to consider apartment complexes.

 Apartment complexes in the Town seem to be located clustered in three distinct areas. There
are two complexes (Coach Lite Village. with110 units and Camelot Village, with 171 units)
located near each other on McKinley Parkway in Blasdell; two complexes (Bradford Place and
Hallmark Village) near each other on South Park Avenue in the Town, and three complexes
(Bethel Estates, Maplewood Estates and South Pointe) which are clustered together on
Southwestern Boulevard in the Town. All of these are located within the northern or more urban
section of the Town of Hamburg.

Two of these are senior facilities. Of the five that are not, only two have three- bedroom units in
their respective complexes. None have units larger than four bedrooms. Research suggests that
these rents tend to be higher than the Section 8 Payment Standards, which provides a possible
explanation as to why more Section 8 Voucher holders do not utilize their vouchers inside the
Town. Although by law management companies cannot deny housing because a prospective
tenant has a Section 8 voucher, they can circumvent that law by charging rents well above the
Section 8 payment standard.

Subsidized Housing

There are currently nine subsidized housing complexes located inside the Town of Hamburg.

Seven complexes are designated for senior citizens: Lily Senior Apartments (49 units), Good
Counsel Senior Apartments (49 units), Iris Senior Apartments (49 Units), Elm Senior
Apartments (50 Units), Bethel Estates (261 Units), Boston Square Apartments (24 Units) and
Creek Bend Apartments (130 Units). In addition to these six, there are two market-rate senior
facilities in the works for the Town.

By contrast, there are only two subsidized facilities in the town that designated for families that
have units larger than two bedrooms: Cambridge Square Apartments (150 total units) and Claire
Court Apartments (72 total units).




                                                42
 


 While the Comprehensive Plan calls for the expansion of affordable housing opportunities,
there has not been a non-senior subsidized housing complex built in the Town of Hamburg
since 2003. Such facilities, if accompanied by rigorous affirmative fair housing marketing, would
have the potential to increase diversity within Hamburg.

       Area of Concern: There is a lack of larger rental units in the Town making it more difficult
       for families with children to obtain appropriate housing.

       Impediment: The monthly rent charged by many apartment complexes in the Town is
       well above Section 8 Payment Standards, which negates the effect of the Town’s Source
       of Income Law.

       Impediment: While developers in the Town have justifiably focused on developing
       subsidized housing for seniors, this has come at the expense of subsidized housing for
       families.


4.7: Group Homes/Issues Affecting the Disabled

In this analysis the authors will define group homes as an individual residential alternative living
(IRA) facility which houses between four and 14 developmentally disabled or mentally retarded
residents and is located in a residential community. The homes referred to here are licensed by
the State. Typically these group homes are staffed and supervised on a 24-hour per day basis.
Residents of the group home share a common kitchen, sanitary facilities and other common
living areas. The group homes not included in this analysis are facilities of an institutional
nature such as shelters, transitional housing, outpatient facilities, single room occupancy hotels
or facilities which include more than 14 residents.

Independent research shows that there are 24 group homes located within the Town of
Hamburg, operated by seven different housing providers. These 24 residences can house up to
a maximum of 180 residents.

In 1978 the New York State Legislature enacted the Site Selection of Community Residential
Facilities law (commonly known as the Padavan Law), which governs the establishment of
community residences for persons with mental disabilities. The Padavan Law has removed
many of the impediments formerly encountered by organizations which attempted to set up
housing for the disabled in residential communities.

The Padavan Law sets forth a step-by-step process for agencies that seek to establish group
homes. It requires agencies to notify community residents of the intent of the agency to open a
home in the community, allows a period of time for comments and the offering of alternative
sites by the municipality, and provides an opportunity for the municipality to reject the proposed
site because of an over-concentration of sites in the community such that an additional site
would be detrimental to the proposed community. The municipality may also assert that an
additional group home placement in the preferred community would change the character of the
neighborhood.


                                                43
 


The New York State Office of Mental Retardation and Developmental Disabilities reports that
since 2005, seven group homes have opened in Hamburg. The NYS DDSO reports no
significant troubles in getting those homes open; in fact Town governmental officials were
praised for their level of support.

 The DDSO reported one location on Bay View Road that when first proposed faced some
opposition from residents on the street. However, the DDSO and provider worked with residents
on the street to allay their fears and the DDSO reports that the residents of the street have been
very supportive since the home was opened.

Issues Affecting the Disabled

According to the 2000 Census, 14 percent of Hamburg residents between the ages of 16 and 64
have some sort of disability. As such they may face issues in finding housing that is accessible.
While the Town of Hamburg does not have a specific program that assists homeowners with
making their residences accessible, they do have a robust Housing Rehabilitation Loan
Program which Town residents can use to upgrade their residences.

This loan program is an important considering the convergence of two factors present in the
town: the age of its residents, and the age of its housing stock. The 2000 Census shows that
nearly 40 percent of all houses in the Town are over 60 years old. The Census also shows that
the most populous age cohort is 45-54 years of age. As the population skews older, many may
face the necessity of modifying their homes in order to assure they remain be inhabitable.

The authors note no ways in which the Town’s actions with regard to disabled populations
constitute an impediment to fair housing.

4.8: Real Estate Activity

Real Estate agents, brokers and salespersons play a critical role in promoting compliance with
fair housing laws. However, this is not always the case and realtors can also use factors that
can impede a person’s right to their choice of housing.

In drafting the 1988 amendments to the Fair Housing Act, Congress specifically included a
section that prohibits any person or entity whose business is engaging in real estate-related
transactions from discriminating because of race, color, religion, sex, handicap, familial status,
or national origin. 42 U.S.C. § 3605(a). Not only does the prohibition of discrimination include
the selling or rental of real estate property, but also when a person is making or purchasing a
loan or providing other financial assistance when securing a residential real estate property. Id.
at § 3605(b).

Research reveals that are currently about thirteen real estate firms in the Town of Hamburg, as
well as Blasdell and Lakeview employing approximately 152 real estate agents.

In New York State, in order to become a real estate agent, a person must complete 45 hours of
salesperson’s training prior to sitting for the real estate license exam. Any licensed real estate
salesperson or agent or broker must also complete 22 ½ hours of continuing education courses



                                               44
 


every two years thereafter. In order to renew a real estate license, an agent must submit an
affidavit to the Department of State and must provide additional proof of continuing education
including three hours of fair housing instruction.

 A fair housing course offered by the Buffalo Niagara Association of Realtors (BNAR) includes
training and discussions about the Fair Housing Act and the 1988 Amendments, describes
discriminatory housing practices and discusses the protected federal and state classes,
American Disabilities Act, fair housing advertising (which discusses words and phrases that
violates the FHA), and enforcement by various agencies including HUD. This course also
discusses the use of testers and “building rapport with people from different cultures”
(discussion about bias and stereotypes.)

Realtors, brokers, and salespersons may join BNAR. On the application, you must agree to
conform to the Code of Ethics of the National Association of Realtors and also by the
constitution and by-laws of BNAR. Within 60 days of submission of an application to BNAR, the
applicant must also attend a three hour orientation course.

Effective January 1, 2009, the Code of Ethics and Standards of Practice of the National
Association of Realtors lays out the various ethical and obligations that are owed to the client,
customers and general public. Article 10 of the Code (as amended in 1/00) requires that
realtors “shall not discriminate against any person or persons on the basis of race, color,
religion, sex, handicap, familial status, or national origin.” Under the Standard of Practice 10-1,
whenever a realtor is involved in a sale or lease of a residence, the realtor “shall not volunteer
information regarding the racial, religious or ethnic composition of any neighborhood nor shall
they engage in any activity which may result in panic selling. However, realtors may provide
other demographic information requested. Continuing, the Standard of Practice Section 10-3
states that a realtor “shall not print, display or circulate any statement or advertisement with
respect to selling or renting of a property that indicates any preference, limitations or
discrimination based on race, color, religion, sex, handicap, familial status, or national origin.”
This standard is directed towards the requirement set out in the Fair Housing Act, 42 U.S.C. §
3604(c).

The Town of Hamburg’s Fair Housing Ordinance (as amended 3/14/05) prohibits housing
discrimination due to race, color, religion, sex, age, marital status, disability, national origin,
source of income, sexual orientation, or familial status. Section 109-10 (entitled Education and
Promotion of Fair Housing Goals) specifically deals with larger housing providers and real
estate brokers within the Town selling or renting more than 20 units within a calendar year. A
firm falling under this provision is required to use an equal housing opportunity logotype on both
application forms and marketing materials and is supposed to display a notice of equal housing
opportunity in the rental offices.

This section also requires that these larger real estate brokers formulate an Affirmative Fair
Housing Marking Plan (AFHMP) which must be filed with the Director of Community
Development or his designee. An AFHMP must include (1) a statement of non-discrimination;
and (2) a marketing strategy to attract a diverse pool of applicants. The majority of real estate



                                                45
 


firms comply with the Ordinance; others are exempted due to low sales volume. Some real
estate providers submit marketing plans to HUD.

While the real estate providers in the Town tend to advertise on an “as needed” basis in various
publications, websites and with other agencies (such as Section 8 local agencies), the majority
of providers do not conduct affirmative outreach to minority populations outside of the Town of
Hamburg. Such outreach could be invaluable in attracting a more diverse pool of applicants.

           Impediment: Although real estate providers in the Town are often very cooperative
           and in compliance with the Town’s Ordinance, the general lack of affirmative
           outreach represents an opportunity lost.

           Impediment: The lack of affirmative outreach to minority communities does nothing to
           promote diversity within the Town.


4. 9: Fair Housing Advertising

The federal law as provided under the Fair Housing Act (as amended) makes it illegal “[t]o
make, print, or publish, or cause to be made, printed, or published any notice, statement, or
advertisement, with respect to the sale or rental of a dwelling that indicates any preference,
limitation, or discrimination based on race, color, religion, sex, handicap [or disability], familial
status, or national origin…” 42 U.S.C. § 3604 (c). Such statements are interpreted as either oral
or written. Similarly, New York State Human Rights Law makes it illegal “to print or
circulate…any statement, advertisement or publication, or to use any form of application for the
purchase, rental or lease of such housing accommodation or to make any record or inquiry in
connection with the prospective [transaction]…which expresses, directly or indirectly, any
limitation, specification or discrimination as to race, creed, color, national origin, sexual
orientation, military status, sex, age, disability, marital status, or familial status…” The Hamburg
Fair Housing Ordinance makes similar advertisement prohibitions as the state law, but it
includes “source of income” as a protected class, and does not include “military status” as a
protected class. “Source of income” is defined as “…any income or source of rent payment from
lawful sources.”

Essentially, the federal law applies to any statement, whether oral or written, and has no
exceptions. While the state law seems to parallel certain terms, it does have some exceptions
that may apply and exempts certain structures. The Hamburg Ordinance also contains
exemptions.

Even though discriminatory advertisements are impermissible under fair housing law, there are
times when discriminatory advertisements and certain language indicating a preference and/or
limitation appear in newspapers and other publications. While the publication of discriminatory
advertisements has been an issue in some areas of the nation, in Western New York this is
uncommon due to Housing Opportunities Made Equal’s (HOME) efforts and more than 50
newspaper publishers to eliminate the use of discriminatory advertisements in newspapers
throughout the Western New York. Under the terms of the “Publishers’ Voluntary Agreement to


                                                 46
 


End Discriminatory Advertising” (PVA),    participating publishers agreed to educate all
advertising staff members about federal and state fair housing law and to make “every
reasonable effort” to assure that discriminatory advertisements will not appear in the
newspaper. Among the newspapers participating in the PVA are the Blasdell/Lackawanna
Pennysaver, the Hamburg Sun, the Hamburg Pennysaver, and the Buffalo News.

Due to an increase in the use of internet to advertise availabilities for housing opportunities, in
2007, there was a national initiative to end discrimination in internet advertising. The litigation
was brought under the Fair Housing Act for violations of Section 804(c) against internet
publishers, including craigslist, which permit users to post advertisements of housing
opportunities with minimal monitoring. Although courts have held that discriminatory newspaper
advertisements clearly violate the Fair Housing Act, some federal courts have held that
discriminatory advertisements via the internet are protected from liability under a 1996 federal
law called the Communications Decency Act (CDA). The CDA essentially gives internet
providers certain legal immunity for the content of postings by a third party. While in some
cases, the discriminatory advertisements once discovered can be removed from craigslist,
however that is difficult to regulate.

There are other difficulties too.       Craigslist offers free, anonymous and unregulated
advertisements, whereas newspaper advising is often costly and must comply with the
requirements of the law. There is at least one advantage which comes from internet advertising.
Free postings encourage providers to publicly offer housing listings and, at the same time, allow
homeseekers to be aware of opportunities in a boarder range of communities. This may have
the effect of encouraging diversity.

       Impediment: The ability to anonymously post advertisements on internet websites,
       encourages the posting of preferential or discriminatory advertisements which violate fair
       housing law.

       Impediment: Certain courts have ruled that craigslist and other internet publishers are
       not liable for discriminatory housing advertisements posted on their websites.


Section 4.10: Mortgage Lending and Homeowners Insurance

Although a community of moderate size, the Town of Hamburg is well-banked. Eight separate
lending institutions have a total of 15 branches within the Town. They are: Bank of America
(with two branches), Citizen’s Bank (two branches), Evans Bank (one branch, plus its corporate
offices), First Niagara Bank, HSBC (two branches), Key Bank (three branches), Lake Shore
Savings, and M&T Bank (three branches).

Because lending is the lifeblood of any community, in 1974 Congress passed the Home
Mortgage Disclosure Act under which banks were compelled to report the number and
aggregate amount of loans to purchase and improve housing; also include are loans to
refinance home purchase or improvement.




                                                47
 


Ten years ago, federal disclosure laws were amended to provide data on not only the loans
originated, but loans denied and the reasons for denial. In 2008 more than three-fourths of all
the applications to purchase housing in the town of Hamburg resulted in originations (76 percent
of conventional applications and 78 percent of government insured loan applications). By
contrast, rates of approval for refinancing of housing loans were 39 percent and home
improvement loans on 35 percent.

Table 4.10a provides data on applications and originations for the 11 census tracts within the
Hamburg. .

4.10.a: Success Rates for HMDA Reportable Loans in 2008

             Census Tract                  Applications       Loans          Percent
                                                            Originated      Successful
Tract 128.00
Home Purchase Government Insured                      9                7            77.8
Home Purchase Conventional                           13                8            61.5
Refinancing                                          39               10            25.6
Home Improvement                                     16                6            37.5
Tract 129.01
Home Purchase Government Insured                     29               19            65.5
Home Purchase Conventional                           58               42            72.4
Refinancing                                         106               39            36.8
Home Improvement                                     39               15            38.5
Tract 129.02
Home Purchase Government Insured                      4                4            100
Home Purchase Conventional                           20               16            80.0
Refinancing                                          56               24            42.9
Home Improvement                                     15                3            20.0
Tract 130.01
Home Purchase Government Insured                      9                8            88.9
Home Purchase Conventional                           22               18            81.8
Refinancing                                          55               23            41.8
Home Improvement                                     23                4            17.4
Tract 130.02
Home Purchase Government Insured                      8                7            87.5
Home Purchase Conventional                           63               46            73.0
Refinancing                                          79               33            41.8
Home Improvement                                     27                9            33.3
Tract 131.01
Home Purchase Government Insured                     48               36            75.0
Home Purchase Conventional                           98               75            76.5
Refinancing                                         109               32            29.4
Home Improvement                                     50               15            30.0
Tract 131.02
Home Purchase Government Insured                     49               38            77.6
Home Purchase Conventional                          123               96            78.0
Refinancing                                         177               65            36.7
Home Improvement                                     47               17            36.2
Tract 132.01
Home Purchase Government Insured                     20               15            75.0
Home Purchase Conventional                           46               33            71.7



                                              48
 


             Census Tract                Applications          Loans          Percent
                                                             Originated      Successful
Refinancing                                          101               30           29.7
Home Improvement                                      23               12           52.2
Tract 132.02
Home Purchase Government Insured                      12               11           91.7
Home Purchase Conventional                            67               49           73.1
Refinancing                                           73               28           38.4
Home Improvement                                      24               11           45.8
Tract 133.00
Home Purchase Government Insured                      17               13           76.5
Home Purchase Conventional                            25               24           96.0
Refinancing                                           38               15           39.5
Home Improvement                                       9                2           22.2
Tract 134.00
Home Purchase Government Insured                      38               32           84.2
Home Purchase Conventional                            83               61           73.5
Refinancing                                           99               42           42.4
Home Improvement                                      27               10           37.0
All Hamburg Census Tracts
Home Purchase Government Insured                     243               190          78.2
Home Purchase Conventional                           618               468          75.7
Refinancing                                          932               362          38.8
Home Improvement                                     300               104          34.7


According to HMDA data derived from the Federal Financial Institutions Examination Council’s
Aggregate Table 10, the average rates of successful originations in the Buffalo-Niagara MSA
(outside the central cities of Buffalo, Lackawanna and Niagara Falls) are 79.96 percent for
government assisted mortgages, 76.74 percent for conventional mortgages, 36.2 percent for
refinancing and 37.03 percent for home improvement loans. The aggregate Hamburg rates are
slightly lower for government assisted mortgages (by 1.8 percent), convention mortgages (by 1
percent) and home improvement loans (by 2.3 percent); whereas, success rates for refinancing
are 2.6 percent higher.

While Table 4.10a represents data for the most recent calendar year, the Reinvestment Trust
Fund has aggregated data for multiple years on its website www.policymap.com.

    Table 4.10.b: HMDA REPORTABLE LENDING
    IN HAMBURG, NY: 2004-08

    Tract    2004     2005       2006    2007        2008    Total
    128.00      54          49      50      36          22      211
    129.01     121      146        130     108          91      596
    129.02      73          78      68      60          44      323
    130.01      72          62      69      67          44      314
    130.02     123      109        106     100          85      523
    131.01     237      196        158     161         134      886
    131.02     287      290        254     247         191     1,269



                                                49
 


    132.01       157       133       166      126         70      652
    132.02       110       137       127       94         87      555
    133.00       103        86        72       78         50      389
    134.00       193       202       182      166        132      875
                1,530     1,488     1,382    1,243       950    6,593


This table documents total lending within Hamburg census tracts. It is important to examine
how many loans were made to members of protected classes who have frequently the victims of
housing discrimination. HMDA collects data on loans to African-Americans and Hispanics.
Tables 4.10c and 4.10d compare the percentage of loans made to members of those groups
with the percentages represented in the tract populations in 2000. (Admittedly, minority
populations have increased within the intervening years.)



    Table 4.10.c:  HMDA           LENDING    TO      AFRICAN-AMERICANS     IN
    HAMBURG, NY: 2004-08


             Percent of
    Tract    Population    2004      2005    2006       2007    2008    Mean


    128.00       0.44%     0.00%     0.00%   0.00%      0.00%   4.55%   0.91%
    129.01       1.22%     1.65%     0.68%   2.31%      0.93%   0.00%   1.11%
    129.02       1.59%     2.74%     0.00%   0.00%      0.00%   0.00%   0.55%
    130.01       1.71%     0.00%     0.00%   0.00%      0.00%   0.00%   0.00%
    130.02       1.29%     0.00%     0.00%   0.00%      0.00%   0.00%   0.00%
    131.01       0.13%     2.11%     1.02%   0.63%      0.00%   0.75%   0.90%
    131.02       0.15%     1.05%     1.03%   1.18%      0.40%   0.00%   0.73%
    132.01       0.00%     0.00%     0.00%   1.20%      0.00%   0.00%   0.24%
    132.02       0.13%     0.91%     0.73%   0.79%      0.00%   0.23%   0.53%
    133.00       0.16%     0.00%     0.00%   0.00%      0.00%   0.00%   0.00%
    134.00       0.39%     0.52%     0.99%   1.10%      0.60%   0.76%   0.79%


There are obvious short-coming to this sort of analysis, which implicitly assumes that members
of the minority group have incomes and credit histories comparable to the larger population.
Further it implies that members of the minority group apply for HMDA reportable loans (to
purchase, refinance or improve housing) at similar rates. Given national data, the former
certainly is not true; we have no information about the latter.

The other obvious factor in play here is the with very small African-American and Hispanic
populations in Hamburg census tracts, the results can be easily skewed by one or two loans.




                                                  50
 


With these caveats, one might suppose that the percentage of loans going to African-Americans
would lag their percentage population in the census tract. In fact, the five-year mean
percentage of reportable loans to African-Americans slightly exceeds African-American
percentage of population in six of 11 tracts and trails it in the other five. Tract’s 130.01, 130.02
and 134 had no reportable loans to African-Americans over the five year period.



Table 410.d: HMDA LENDING TO HISPANICS IN HAMBURG, NY: 2004-
08

Tract       Percent of    2004      2005      2006     2007      2008     Mean
            Population


128.00           4.67%    0.00%      0.00%    0.00%     2.78%     0.00%     0.56%
129.01           3.04%    0.83%      2.05%    1.54%     0.00%     2.20%     1.32%
129.02           0.80%    0.00%      0.00%    0.00%     1.67%     0.00%     0.33%
130.01           0.63%    0.00%      0.00%    1.45%     1.49%     2.27%     1.04%
130.02           1.44%    2.44%      1.83%    0.94%     3.00%     0.00%     1.64%
131.01           1.34%    2.11%      1.53%    0.63%     1.24%     0.00%     1.10%
131.02           1.24%    1.05%      1.38%    2.36%     1.21%     0.52%     1.30%
132.01           2.02%    1.27%      1.50%    1.20%     1.59%     0.00%     1.11%
132.02           1.38%    0.00%      1.46%    1.57%     3.09%     0.00%     1.22%
133.00           0.60%    0.97%      1.16%    1.39%     1.28%     0.00%     0.96%
134.00           0.75%    1.04%      0.50%    1.65%     1.20%     1.52%     1.18%



With regard to lending to Hispanics of all races, the five-year mean of reportable loans exceeds
the Hispanic percentage in the population in five of 11 tracts. These are, however, tracts with
lower Hispanic populations. In tract 128, where 4.67 percent of the population was Hispanic in
2000, there were no loans at all save for in 2007 when 2.78 percent of reportable loans went to
Hispanics.

Regrettably, data on reasons for rejection of loans by race is not available on the tract level.

         Area of Concern: Over a five-year period some Hamburg census tracts show no HMDA
         reportable lending to African-Americans or Hispanics.



Section 4.11: Access to Homeowner’s Insurance

Because lenders require that mortgage applicant’s insure their purchases, access to
homeowner’s insurance is a critical to access to housing. Additionally, the cost of insurance
and types of coverage available have major implications for homeowners.




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According to the State Insurance Department’s “Consumer Guide to Purchasing Homeowner’s
Insurance”, there are five different types of homeowners’ insurance available in New York State:

       HO-1 (Basic Policy) insuring against fire and lightning, windstorm and hail, burglary and
       theft, explosion, glass breakage, riot and civil unrest, vandalism and malicious mischief,
       bodily injury, damage to the property of others, civil judgments, medical payments,
       personal property, and additional living expense.

       HO-2 (Broad Form Policy), which adds coverage for damage from falling objects, the
       weight of ice or snow, water from plumbing systems, freezing of plumbing, electrical
       damages to appliances, and rupture of heating systems.

       HO-3 (Special Form Policy), commonly recommended by lending institutions, which
       covers all perils except those specifically excluded.

       HO-5 (Comprehensive Form Policy), which also covers all personal possessions against
       all risks.

       HO-8 (Market Value Policy) is a modified version of HO-1, which provides for the
       replacement of a dwelling up to a specified amount.

In addition, the State has created a FAIR plan administered by the New York Property
Insurance Underwriting Association which offers limited insurance coverage to those unable to
obtain conventional insurance. FAIR Plan rates are considerably higher than conventional rates
and coverages much more limited. It is the insurance of last resort.

An internet search in December of 2009 revealed no fewer than 46 insurance agents located
within Hamburg or Blasdell. A telephone survey found none which reported any problems
obtaining homeowner’s coverage for properties in the Town.

The New York State Department of Insurance fund has published comparative rates offered by
41 larger carriers for HO-2 and HO-3 coverage. Commonly, rates are higher in the City of
Buffalo than in the remainder of Erie and Niagara Counties. Accordingly, homeowners from the
Town of Hamburg are in the preferred group.

Nevertheless, there is another factor at work. While it is logical that the cost of insurance would
be related to the age, condition and value of a structure and perhaps affected loss data related
to the incidents of property crime in the community, a growing number of insurance companies
have begun to factor in the credit score of the particular applicant in pricing coverage. This
practice has a disparate impact on lower-income persons, who are disproportionately members
of racial and ethnic minority groups. A number of states have launched investigations of the
practice and some have prohibited use of credit scores entirely. New York still permits the use
of credit scoring in determining insurance rates.

While an absence of complaints regarding denial of coverage is a reasonable surrogate, a
better way of determining whether carriers are meeting the insurance needs of the community




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would be through public disclosure similar to the Home Mortgage Disclosure Act. There is no
such requirement in New York State.

       Impediment: New York State permits the practice of using credit scores in determining
       rates for homeowners’ insurance.

       Impediment: Insurance carriers are not required to publicly disclose information
       regarding where they are providing homeowner’s insurance.

Section 4.12: Fair Housing Education and Enforcement Services

Since 1990 the Town of Hamburg has chosen to engage an outside expert, Housing
Opportunities Made Equal, to provide fair housing education and enforcement services and to
provide technical assistance to Town government. As detailed in Section 3.2, the Department
of Community Development has chosen to expand fair housing services provided to Hamburg
residents beyond those provided by HOME to other communities.

Under its 2008-10 contract with the Town, HOME provides the following services.

       1) Comprehensive services for victims of housing discrimination living or seeking
          housing within Hamburg (including recording and investigation of reported incidents,
          paralegal counseling, client advocacy, case preparation for legal referral, and
          emotional support and resource referrals for victims);

       2) Information about fair housing law for landlords, tenants, home seekers and sellers,
          real estate agents and housing providers (including distribution of fair housing
          brochures and other informational materials);

       3) Paralegal counseling to aid in the resolution of landlord-tenant disputes;

       4) Housing/human service information and referral;

       5) Educational presentations within the Town; and

       6) Technical assistance to the Department of Community Development on matters
          related to fair housing.

       7) Conducting regular monthly office hours at a satellite office in the Hamburg Town
          Hall for residents;

       8) Conducting educational presentations for the Hamburg Town Board and others
          designated by the Department of Community Development;

       9) Working in partnership with the Department of Community Development to
          implement the Hamburg Fair Housing Law by means to targeted outreach and
          training for real estate offices and apartment complexes;

       10) Working with Belmont Shelter Corporation’s Hamburg satellite to assure mobility
           services for Section 8 participants wishing to move to the Town; and


                                               53
 


       11) Publicly affirming Hamburg’s commitment to fair housing by means of a corporate
           membership in HOME in the name of the Town and an advertisement in the journal
           distributed to WNY’s largest annual gathering of fair housing supporters.

    On more than once occasion the Director of Community Development has initiated
    discussions to explore the feasibility of enhancing fair housing services. Such a proactive
    approach to fair housing is very rare in Western New York.

    The authors note no ways in which the Town’s fair housing education and enforcement
    program constitutes an impediment to fair housing.




                                              54
 


CHAPTER V: CONCLUSIONS AND RECOMMENDATIONS

5.1: General Conclusions

The Town of Hamburg is a second-ring suburb of the City of Buffalo in the Buffalo-Niagara
Metropolitan Statistical Area. According to 2007 population estimates, Hamburg’s population
has decreased by 0.7% since the 2000 census to 55,866. Population loss in the Town has
been at a much lower rate than in Erie County.

According to the Census Bureau’s most recent estimate, 2.9% of Hamburg’s population (or
1,629 people) are non-White and 1.9% (or 1,051) classify themselves as Hispanic. The largest
non-White populations are Asians (565), African-Americans (263) and Native-Americans (103).
Again according to estimates Asian and Hispanic populations are increasing while Africa-
American and Native-American populations have decreased slightly since 2000.

The authors of this study find no reason to believe that the low numbers of non-Whites and
Hispanics in Hamburg are the result of actions taken by Town government. In fact, Hamburg is
arguably THE municipality which has done the most to affirmatively further fair housing in Erie
County. Sections 3.2, 3.3 and 3.4 detail significant accomplishments of which Hamburg
residents should be proud.

Nevertheless housing discrimination still occurs within Hamburg and, additionally, there are
impediments to fair housing choice—some of which are attributable to actions of Town
government, some to private actors, some to other levels of government. Additionally, the
authors have identified several areas of concern which, in their estimation, fall short of
impediments but should be kept in sight as Hamburg plans for its future.

5.2: Impediments to Fair Housing


    1) Impediment: The increases in minimum lot sizes for residential dwellings contribute to
       increased costs of homeownership making it less affordable for persons of limited means.

    2) Impediment: The lack of public transportation in the southern sections of the Town limits
       housing opportunities for those who rely on public transit.

    3) Area of Concern: Despite the best efforts of the Town, utilization rates of housing programs
       by persons of color remain very low.

    4) Area of Concern: While the Consolidated Plan states that there is a definite need for
       increasing affordable housing, there are no concrete proposals included in the Plan.

    5) Area of Concern: The lack of diversity on both the Planning and Zoning Board of Appeals
       may transmit and unintended message about the openness of Hamburg to diverse
       populations.


                                                  55
 



    6) Area of Concern: There is a lack of larger rental units in the Town making it more difficult
       for families with children to obtain appropriate housing.

    7) Impediment: The monthly rent charged by many apartment complexes in the Town is well
       above Section 8 Payment Standards, which largely negates the effect of source of income
       protections in the Town’s Fair Housing Law.

    8) Impediment: While developers in the Town have justifiably focused on developing
       subsidized housing for seniors, this has come at the expense of subsidized housing for
       families.

    9) Impediment: Although real estate providers in the Town are often very cooperative and in
       compliance with the Town’s Ordinance, the general lack of affirmative outreach represents
       an opportunity lost.

    10) Impediment: The lack of affirmative outreach to minority communities does nothing to
        promote diversity within the Town.

    11) Impediment: The ability to anonymously post advertisements on internet websites
        encourages the posting of preferential or discriminatory advertisements which violate fair
        housing law.

    12) Impediment: Certain courts have ruled that craigslist and other internet publishers are not
        liable for discriminatory housing advertisements posted on their websites.

    13) Area of Concern: Over a five-year period some Hamburg census tracts show no HMDA
        reportable lending to African-Americans or Hispanics.

    14) Impediment: New York State permits the practice of using credit scores in determining
        rates for homeowners’ insurance.

    15) Impediment: Insurance carriers are not required to publicly disclose information regarding
        where they are providing homeowner’s insurance.



5.3: Proposed Action Plan

Reserved




                                                  56
 


CHAPTER 6: ADDENDA



6.1: Sources Consulted in the Study

      Action Plan for the Town of Hamburg, 2009

      Jeffrey Adrian, Hamburg Building Department

      Michael Bartlett, Hamburg Industrial Development Agency

      Walter Bratek, Hamburg Code Enforcement Official

      Buffalo Niagara Association of Realtors

      BuffaloNiagaraHomes.com

      Comprehensive Plan for the Town of Hamburg, 2007

      Comprehensive Plan for the Town of Hamburg, 2008

      Consolidated Annual Performance Report, Town of Hamburg, 2008

      Craigslist.org

      James Eberhardt, Hamburg Code Enforcement Officer

      Bonnie Everett, New York State Office of Mental Retardation and Developmental
      Disabilities

      eCode 360.com

      Fair Housing Act

      Federal Financial Institutions Examination Council

      Hamburg Comprehensive Plan 2008

      Hamburg Fair Housing Ordinance

      Housing Advocates Inc., “Credit Scoring to Deny Homeowners Insurance May Violate
      Fair Housing Laws”

      Ganey Real Estate & Insurance

      Christopher Hull, Hamburg Department of Community Development

      Patrick Metzger, Executive Director of South Lorain Community Development
      Corporation

      Tasha Moore, New York State Division of Human Rights


                                                57
 


    James Mulvaney, New York State Division of Human Rights

    Metropolitan Washington Council of Governments

    National Association of Realtors

    National Fair Housing Alliance

    New York State Association of Realtors

    New York State Department of Labor

    New York State Department of Taxation and Finance

    New York State Division of Criminal Justice Services

    New York State Insurance Department

    NFTA.com

    Robert Norrington, HUD Office of Fair Housing & Equal Opportunity

    PolicyMap.com

    Rent. com

    TownofHamburgNY.com

    United States Bureau of Economic Analysis

    United States Census – 1990

    United States Census – 2000

    United States Census – American Community Survey 3-Year Estimates




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6.2: Census Tract Map of Town of Hamburg, New York




                                                      




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