Community Land Trusts (Clts): Permanently Affordable Housing Explained
The cities around the world are facing a hitherto
unprecedented housing affordability crisis. With the financialization of real
estate markets, more and more people are no longer able to own their own homes,
and the rents are increasingly eating up larger shares of the household income.
Conventional remedies such as subsidized housing, rent regulation, and
first-time buyer plans have in many cases been ineffective or unsustainable in
the long run. Move to Community Land Trust (CLT): a community-based approach
that separates the prices of land and housing and produces permanently
affordable homes that the community can afford throughout the generations.
The CLT model was created during the civil rights era as a
means of Black farmers to keep their farms, but over time it transformed into a
potent approach to maintaining affordability in the fast-gentrifying
residential areas. CLTs can radically redefine the way housing is organized not
as a speculative commodity, but as a permanent element of the community by
holding land in a community trust and decoupling ownership of the property and
ownership of the land beneath it. This blog discusses the history, mechanics,
advantages, and obstacles of this new model.
The History and Theory of Community Land Trusts
The contemporary Community Land Trust movement has its origin in the civil rights struggle in the American South in the 1960s. Based on the civil rights movement land cooperatives and the economic theory of economist Ralph Borsodi, activists aimed to develop a model that would ensure the Black farmers were not evicted and displaced by the systemic discrimination and the economic forces.
New Communities Inc., a group of Black farmers, became
the first known CLT in 1969 in Lee County, Georgia, when the group of farmers
combined their resources and collectively purchased land. The concept was quite
basic but ground breaking: when land was communally owned, it would never be
taken or sold out of under the community so that the future generation would
have a place to live and work.
The philosophy of CLTs is a critical analysis of the
hypothetical land market. In traditional real estate, land value grows
depending on variables that are completely outside of the control of the
homeowner such as infrastructure construction, neighborhood revitalization, and
market speculation, locking families in the cycle of increasing property tax
and displacement pressure. The CLT model assumes that land is a shared
resource, which is to be managed to benefit the community, rather than a
speculative commodity to be purchased and sold.
CLTs are meant to
take housing out of the market by permanently putting land out of the market.
This philosophy is consistent with the larger trends of economic democracy,
community control, and right to the city. The model went beyond rural Georgia
into urban areas, where it saw traction in cities such as Burlington, Vermont,
and Boston, Massachusetts, where the community organizers saw that the model
could be used to fight displacement and provide long-term affordability in
neighborhoods with high development pressure.
CLTs in Action: The Dual Ownership Model
A unique legal and organizational framework that is founded on the division of ownership of land and ownership of buildings is at the core of any Community Land Trust. A CLT is a nonprofit organization that receives land, usually by donation, purchase, or dedication by a municipality and holds the ownership of that land indefinitely.
The homes located on such land are
then sold to individual homeowners, but not the land underneath them. Instead,
they sign a long-term and renewable ground lease (usually 99 years) which gives
them the right to use the land with the CLT retaining legal title. This
flooring lease is the key feature that makes it permanently affordable. It has
a resale limitation which restricts the price at which the homeowner can sell
the home, so that it will be affordable to the low and moderate income earners
in the future.
The rights and duties of both the CLT and the homeowner also are described in the ground lease. Home owners own their own homes, create equities, and the property owners have the right to use, enhance, and occupy their properties. They make payments on property taxes on the structure, and the CLT usually agrees on taxation of the land.
At the time of resale by the
homeowner, the ground lease determines the formula of resale, which normally
enables the seller to obtain the full investment plus some of the appreciation
(commonly to a percentage or based on a formula such as inflation), but the
rest of the appreciation remains in the home to allow the next buyer to afford
the home.
This formula is a compromise: the homeowner gains financial
advantages by making an investment but fails to get windfall profits by
speculation in the external market. The CLT, which is board-based (including
residents, community members, and public representatives), manages the land
stewardship, adherence to the terms of ground leases, and tends to offer a
continuous support system to homeowners and establishes a system of shared
governance and collective responsibility.
Homeowner and Community Benefits
To the individual homeowners, the CLT model provides a way
to the stable, respectable homeownership that would not otherwise be
accessible. The entry price is reduced by a factor of 200% to 500% because the
price of land, which can take up 20% of the price of a home in many urban
markets, is eliminated. Families are able to buy a home with a lower down
payment, get a more manageable mortgage and not be affected by a strained
budget trying to compete in a speculative market. In addition, CLT homeowners develop
equity with time.
Although the resale formula limits the windfall gains, it
will give the homeowners a portion of the improvements and a part of the
appreciation, which will enable them to accumulate wealth over time without
being forced out of the market by the skyrocketing property tax or insurance
premiums. This equilibrium allows the families to enjoy the stability and the
pride of ownership without the fear of being forced out of their homes any
moment by forces beyond their control.
The benefits are even greater in the case of communities.
The CLTs are used as the long-term resistance to gentrification and
displacement. CLT homes are affordable forever in the neighborhoods that are
being rapidly redeveloped so that the long-term residents are not displaced and
the economic diversity is not lost. Such stability leads to more social
networks, improved education among children and more civic participation. Also,
CLTs tend to engage in community development outside of housing, purchase vacant
lots and convert them into community gardens, create green spaces, and
collaborate with local organizations to provide financial literacy services and
training on home maintenance.
Since the CLT has a board that is composed of residents there is always a democratic decision-making process of the decisions made by the board regarding the use and development of the land since they are the most affected. This community-based form of governance is a stark contrast to absentee landlordism or speculative investment which shift the focus of housing development to fulfill human needs rather than to maximize financial profits.
The Role of CLTs in Preserving Permanently Affordable Housing
The concept of permanence is what makes Community Land
Trusts stand out of the other affordable housing interventions. The majority of
affordable housing programs (including low-income housing tax credits or
inclusionary zoning requirements) have expiring affordability covenants,
usually lasting 30 to 50 years. Upon the expiry of these covenants, the
properties may be turned into market-rate houses, which may lead to the loss of
thousands of affordable units simultaneously. On the contrary, CLTs are used as
permanent.
Since the CLT will
keep the ownership of the land and the ground lease will bind all the future
owners, the affordability limit will never end. This intergenerational outlook
implies that a house today will be affordable to the grandchildren of the first
purchaser, establishing a sense of permanence in the community where there has
traditionally been a pattern of disinvestment and displacement.
This permanence also enables CLTs to plan to maintain
affordability strategically in regions where the land prices are quickly
soaring. By purchasing land before development pressure builds up - or by
collaborating with municipalities to acquire publicly owned land at
below-market rates - CLTs can build a portfolio of community-controlled land
which becomes a bulwark against speculation. Other CLTs have also started
purchasing pre-existing market rate homes and turning them into permanently
affordable units through acquisition and resale.
This two-pronged approach of new building and acquisition
maintains the supply of affordable housing and neighborhoods. Moreover, since
CLTs are community based and managed by local stakeholders they are best placed
to take the affordability not only in legal terms, but in practice, as they
maintain resale formulas localized to the economic realities of local
communities and offer the ongoing maintenance which keeps the property in good
condition or keeps it out of foreclosure.
Difficulties and shortcomings of the CLT Model
Although promising, Community Land Trust model has had
considerable challenges that have curtailed its magnitude and effectiveness.
The most obvious obstacle is the funds that are needed to purchase land and
build or renovate houses. CLTs are nonprofit making organizations and are
usually financed by a patchwork of subsidies provided by the government,
philanthropic grants, and low-interest loans to finance the operations and
acquisition of such organizations.
This capital
environment is volatile and it is not easy to scale up or react promptly to the
opportunities in the competitive real estates markets on the part of CLTs.
Although a few cities have started to devote governmental resources to CLT
development, including the Community Land Trust Initiative of New York City or
the pledging to CLT funding in Seattle, this assistance is still the exception
rather than the norm. The CLTs tend to be too small to have an impact on the
scale of the housing crisis, without long-term, consistent funding.
The second difficulty is the complexity of the model and the
requirement of special skills. Designing a CLT involves complex legal
organization, permanent management of ground leases, and the ability to mediate
homebuyer education, financial counseling and foreclosure prevention. Several
CLTs are run on lean staff and are overly dependent on volunteers and this may
cause capacity issues. There is also a resistance in the traditional lenders
who are not used to ground lease structure thus finding it hard to get
mortgages to CLT homebuyers. Although Fannie Mae and Freddie Mac currently
consider lease ground leases on CLT, not every local lender is capable of
navigating it.
The philosophical conflict of the resale formula is also
possible: some critics believe that capping equity capture discourages
homeownership or confines families in a class of assets that cannot accumulate
complete wealth. The CLT proponents argue that the model provides an
alternative, more stable model of wealth-building, in which community stability
takes precedence over individual windfall payments, but such a trade-off must
be well communicated and in line with expectations of residents.
Future of CLTs and Case Studies
Community Land Trusts are proving to be a lasting
affordability at scale, across the United States, and increasingly around the
world. One of the oldest and largest urban CLTs is the Burlington Community
Land Trust in Vermont that was founded in 1984. It has created or conserved
more than 3,000 affordable homes and it has given hope to countless other
projects. The organization has also grown beyond the single-family housing to
encompass rental houses, cooperatives, and commercial premises, which has proven
the flexibility of the CLT model.
In Atlanta, the
Atlanta Land Trust Collaborative has targeted to maintain affordability in
quickly gentrifying communities, purchasing homes and turning them into
permanently affordable CLT housing in collaboration with the city to create a
pipeline of publicly-owned land. The model has established itself
internationally, with such organisations as the National Community Land Trust
Network, assisting a rising number of CLTs in rural and urban housing
development, and cities in Canada such as Vancouver looking at CLTs as a means
of reconciliation and Indigenous-led housing.
The future of Community Land Trusts is the scaling of the
model by providing systemic support of the public policy. The supporters are
demanding policies that require the transfer of publicly owned land to CLTs,
establish special funding sources to support the acquisition of land, and
simplify the permission procedure of CLT developments. Federal CLTs have now
started to be considered as attractive beneficiaries of housing development
funds by the federal Neighborhood Homes Investment Act and many state level
programs. Hybrid models involving CLTs with cooperative housing, permanent
supportive housing and community development financial institutions (CDFIs) are
becoming of interest as well to make more comprehensive solutions.
With the affordability crisis growing more severe, and the
constraints of market-based solutions becoming more apparent, the CLT model
presents an attractive vision: housing that is never again put on the
speculative market, is democratically managed by the community, and is
organized to make sure that the advantages of development are distributed
evenly. Through proper political will, public investment, and community
organizing, CLTs might also get placed at the center stage of a more just and
sustainable housing system than by the margins.
Conclusion
The Community Land Trusts are another way of rethinking the connection between people, land and housing. Swallowing by a world in which housing has become more of a mechanism of wealth extraction than a home, CLTs are an alternative based on permanence, community ownership, and mutual prosperity.
This separation of land ownership and home ownership will bring a
system in which affordability is no longer a short-term subsidy but a long-term
reality of the housing landscape. This is an opportunity of having a stable and
dignified homes in the case of individual families with the fear of being
displaced at any given time. In the case of communities, it translates to the
maintenance of the social structure and economic heterogeneity that render
neighbourhoods flourish. In the eyes of the society at large, it implies
reclaiming land as a common good and not a speculative asset.
The issues that are vexing the CLT movement are legitimate, including the lack of funding, the capacity building, and the necessity of the system-wide policy backing. However, the experience of successful CLTs in the country and in the world proves that this model is effective.
The concepts of the Community Land Trust are increasingly finding a following among policymakers, activists and communities that are dealing with the twin crises of housing unaffordability and displacement. The CLT is not a fast solution, but it is a permanent solution. With short-term solutions and market instability, the opportunity to have permanently affordable housing based on community stewardship and tailored to the coming generations provides the answer to the future. The land, nevertheless, is left. It is our choice whether it is speculation or community service.
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