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State & Local News

State & Local Law News, Spring 2025

Housing Land Advocates Annual Conference: Housing in a Changing Climate

Summary

  • This article highlights topics from the Housing Advocates Annual Conference in Portland, OR.
  • Panelists discussed a range of issues such as tribal land development, affordable housing,  community sustainability, and much more.
  • Panelists discussed various case studies and offered actionable solutions.
Housing Land Advocates Annual Conference: Housing in a Changing Climate
Shunyu Fan via Getty Images

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Smith Memorial Student Union, Portland State University

March 14, 2025
8:45 a.m. to 9:00 a.m.
Opening Remarks
Speaker: Jennifer Bragar, Board President, Housing Land Advocates

Angel Falconer, Housing Land Advocates (HLA) Board Member, delivered a land acknowledgment.

Bragar welcomed those who had attended HLA’s conferences in the past and those for whom this was their first conference. She thanked the HLA board members who had helped organize this year’s conference and acknowledged the contributions each HLA board member had made to the organization over the past year. She discussed HLA’s post-acknowledgment plan amendment (PAPA) project, through which HLA reviews local comprehensive plan and land use regulation amendments and housing production strategies (HPSs) to ensure that local governments are meeting their housing planning requirements. She discussed the legal action that HLA is taking against the City of Happy Valley for excluding cottage clusters from some of its most affluent neighborhoods, and in opposition to the City of Sherwood and Metro for expanding the Portland metropolitan area’s urban growth boundary (UGB) without ensuring sufficient opportunities for affordable housing. She thanked the sponsors of this year’s conference and asked attendees to consider making financial contributions. She reminded the attorneys and planners in attendance to sign in at the reception table to receive Continuing Legal Education (CLE) and American Institute of Certified Planners (AICP) credit.

9:00 a.m. to 9:30 a.m.
Morning Keynote: Housing, Land, Everything: A Tribal Perspective
Speaker: J.D. Tovey III, Confederated Tribes of the Umatilla Indian Reservation

Tovey began by reflecting on his unconventional path to becoming an indigenous planner. An indigenous person with a degree in landscape architecture, Tovey initially worked on large-scale development projects in Florida. During the recession, Tovey returned to school to pursue his PhD, focusing on rural and tribal development. That is when he connected with his tribe in Pendleton, Oregon. He also became more critical of planning.

Tovey discussed the distinct challenges faced in tribal planning, particularly regarding land development codes and housing. Unlike typical codes that prioritize landowner rights, tribal codes focus on protecting the land itself and its functions. Tovey explained the complexities and types of land ownership on reservations, including tribal trust, tribal allotment, and non-tribal fee lands. Tovey explained that the inability to secure mortgages on trust lands has created significant barriers to homeownership for tribal members. To address that problem, Tovey’s tribe developed a 99-year lease system. This approach allows tribal members to build homes and equity, fostering wealth creation within the community while maintaining tribal ownership of the land.

Tovey also highlighted the importance of community involvement in the planning process. He discussed his PhD research, which revealed a profound difference in how indigenous people perceive land ownership, emphasizing the collective versus the individual, and he observed that indigenous people often have an emotional connection with the land. Tovey predicted that cultural identification with the places we live will become more common among non-indigenous people, and that, in time, we will all become more “native.”

9:35 a.m. to 10:50 a.m.
The Changing Climate of State Land Use Planning
Moderator: Angel Falconer, Board Member, Housing Land Advocates
Panelists: Sean Edging, Oregon Department of Land Conservation and Development; Laura Weigel, City of Milwaukie; and Rachael Baker, City of Bend

Falconer observed that, since 2017, Oregon has witnessed significant changes in its regulatory landscape aimed at addressing the housing supply and affordability crisis. Falconer emphasized the importance of effective implementation of these policies locally.

Edging provided an overview of Oregon’s legislative changes since 2017. One example is HB 2001 (2019), which mandated that local governments allow various middle housing types, such as duplexes and cottage clusters, in single-family zones to increase housing options. Another example is SB 1537 (2023), which established the Housing Accountability and Production Office (HAPO). Despite the robust policy framework, Edging emphasized that the real challenge lies in effective implementation. Accordingly, the HAPO monitors housing production and affordability outcomes at the local level to ensure that state policies are achieving their intended goals.

Weigel shared specific strategies that the City of Milwaukie is employing to enhance housing production and affordability. Weigel explained that, with limited undeveloped land, Milwaukie focuses on infill and redevelopment. Among other things, the city has established a construction excise tax to fund housing development and begun land banking for affordable housing projects. The city recently updated its comprehensive plan to emphasize affordability and equity in housing, and it has adopted an HPS with 10 strategies to increase housing production.

Baker shared that, to incentivize affordable housing, the City of Bend has exempted such developments from certain infrastructure charges and has expedited the review of these applications. The city has also pursued three one-time UGB expansions to accommodate new affordable housing developments. Baker shared the details of those expansions and provided a list of infill initiatives that the city has taken since 2016.

11:00 a.m. to 12:15 p.m.
Building Resiliency: Construction and Development Responds to Climate Change
Moderator: Ben Schonberger, Board Member, Housing Land Advocates
Panelists: Becky Steckler, ECONorthwest; Rita Haberman, Oregon Department of Environmental Quality; and Eric Foley, Earth Advantage

In this panel, experts from various fields came together to explore the critical relationship between housing, climate change, and the built environment.

Steckler summarized a recent study commissioned by the City of Portland’s Bureau of Planning and Sustainability to help inform their consideration of carbon performance standards for large buildings, cooling temperature standards, and new construction electrification. Steckler observed that larger, newer properties are more energy-efficient than smaller, older properties, and that it is expensive to upgrade smaller, older properties to comply with carbon performance standards. She also observed that requiring those upgrades can lead to rent increases. She observed that, while minimum temperature standards are common, some jurisdictions have also adopted maximum temperature standards. She observed that approximately 17% of Portland’s rental units lack air conditioning, and she compared the costs of providing different types of air conditioning in various areas, such as common spaces versus in-unit. She also compared the utility and construction costs associated with different kinds of heating systems (e.g., gas versus electric).

Haberman discussed the concept of “embodied carbon” in building materials (i.e., the amount of carbon that is emitted to produce those materials). She observed that 91% of the carbon impacts associated with building materials derive from the production process. She explained that, although our grid is becoming greener, and operational carbon emissions have decreased by 50% over the past 50 years, we still need to address embodied carbon. She explained the complex way in which embodied carbon is measured, and she advocated for requiring developers to conduct and disclose those measurements. She identified and compared two strategies to reduce embodied carbon in housing, including converting office space into housing and building middle housing. She reviewed some of the embodied carbon policies that have been developed in Oregon and elsewhere on the West Coast.

Foley discussed the concept of “resiliency” and its importance in housing, particularly in the context of natural disasters and climate change. He emphasized the financial benefits of investing in resilient housing, which can lead to long-term savings on maintenance and utility costs. He also provided several examples of resilient housing developments that Earth Advantage has certified.

12:15 p.m. to 1:00 p.m. - Lunch
1:00 p.m. to 1:15 p.m.
Presentation of the Ed Sullivan Affordable Housing Advocate Award
Allen Hines, Community Vision
Ben Gurewitz, Disability Rights Oregon
Matt Serres, Oregon Council on Developmental Disabilities

Bragar announced that the Ed Sullivan Affordable Housing Advocate Award was being presented to three outstanding advocates: Alan Hines, Ben Gurewitz, and Matt Serres.

The awardees explained that they have collaborated on various initiatives to enhance housing accessibility, including SB 444 (2025), which aims to prohibit funding for housing projects that do not include accessible units. The need for accessible housing is critical, as current regulations require only 2% of units in larger buildings to be fully wheelchair accessible. This translates to a mere 0.2% of Oregon’s total housing stock. The awardees emphasized the importance of legislative changes, such as Senate Bill 444, to increase the number of accessible units.

The awardees received symbolic birdhouses representing multifamily and accessible housing.

1:15 p.m. to 2:20 p.m.
Insurance Challenges and Navigating Local Impacts from Climate Effects
Moderator: Suhail Khan, Board Member, Housing Land Advocates
Panelists: Glenn Rennemann, Sedgwick; Michelle DePass, Portland Bureau of Planning and Sustainability; and Julius Warmsley, USI Insurance Services

This panel explored the complexities of housing insurance, particularly in the context of rising costs and environmental challenges.

The discussion focused on rising insurance costs and the impact of construction materials on insurance premiums. Panelists discussed how insurance rates are climbing, primarily due to a surge in claims resulting from severe climate events, such as hurricanes and wildfires; rising costs of construction materials and labor, exacerbated by supply chain disruptions; and locational risks, including building in areas prone to natural disasters that increase insurance premiums. Panelists also discussed that the choice of construction materials significantly influences insurance costs. In particular, while wood frame construction may be more common and have a lower initial cost than fire-resistant concrete construction, it also poses higher risks and consequently has higher insurance premiums. Additionally, while sprinkler systems increase construction costs, they also lower insurance premiums.

The discussion also covered risk mitigation strategies. Panelists highlighted the importance of risk mitigation strategies in managing environmental impacts, including water damage prevention and disaster recovery plans. Water damage is a significant concern for affordable housing, and implementing water detection systems can help mitigate risks. Having a well-structured disaster recovery plan is essential for minimizing losses during catastrophic events.

Finally, panelists provided actionable recommendations for managing insurance costs and risks, including: choosing brokers who understand the market and can effectively represent your needs; conducting regular maintenance and instituting robust property protection measures; and adjusting deductibles and understanding a particular property’s unique risks. Panelists addressed the factors that are critical in determining insurance premiums—Construction, Occupancy, Protection, Exposure (“COPE”). Panelists discussed how understanding these factors can help property owners accurately assess the value of their properties and ensure they are neither over-insured nor under-insured.

2:30 p.m. to 3:00 p.m.
Afternoon Keynote: Funding After Fire: Helping Communities Rebuild After Tragedy
Speaker: Mary Heberling-Creighton, Oregon Housing and Community Services

Heberling-Creighton shared her insights on long-term recovery efforts following the 2020 wildfires in Oregon, highlighting the challenges faced, the strategies implemented, and the ongoing work to support affected communities.

Heberling-Creighton began by discussing the context and aftermath of the 2020 wildfires, which were unprecedented, fueled by extreme weather conditions. The fires not only destroyed homes but disrupted community cohesion, particularly during the COVID-19 pandemic, which limited gatherings and support systems for survivors. The immediate response to the wildfires involved various forms of aid, including FEMA assistance for emergency needs and local mutual aid efforts to provide food, clothing, and shelter. However, the long-term recovery process has proven to be complex and slow. Heberling-Creighton emphasized that disaster recovery takes time, often extending years beyond the initial response phase.

Heberling-Creighton then turned to the focus of the presentation, long-term recovery efforts, outlining the funding mechanisms established to support recovery and key recovery efforts. Funding mechanisms were established at both the state and federal levels. At the state level, House Bill 5006 allocated $150 million for disaster recovery, with a significant portion directed towards housing, and the Wildfire Recovery and Resilience Account (WIRA) received $35.3 million to provide immediate support to affected households. At the federal level, the Department of Housing and Urban Development (HUD) allocated $422 million for long-term recovery efforts, marking a significant federal investment in Oregon’s recovery. Recovery efforts focused on several key areas: housing assistance, including rapid rehousing for displaced individuals, financial assistance for rental costs, utility payments, and moving expenses, and support for the rehabilitation and reconstruction of damaged homes; community engagement, including ongoing collaboration with local organizations and community members to ensure that recovery efforts align with the needs of survivors; and resilience planning, including initiatives aimed at enhancing community resilience against future disasters, including infrastructure improvements and economic revitalization.

Heberling-Creighton concluded her presentation by discussing ongoing work and future initiatives, specifically those directed at continued housing development and economic revitalization. She highlighted that efforts to build additional affordable housing units in affected communities are underway, addressing the existing housing shortage. She also highlighted that allocations of over $19 million for infrastructure and economic recovery projects are being implemented to support local businesses and community services.

3:10 p.m. to 4:25 p.m.
School is in: How Planning and Education Advocates Can Team Up for Resiliency
Moderator: Jean Dahlquist, Board Member, Housing Land Advocates
Panelists: Trell Anderson & Natalie Thompson, Northwest Housing Alternatives; Marcus LeGrand, Central Oregon Community College; Matt Edlen, Edlen and Company; and Krista Palmer, Sunstone Housing Collaborative

This panel shed light on the critical, but often overlooked, relationships between education, housing, and community development.

The conversation highlighted the connection between educational institutions and the housing market, challenges faced by school districts, and innovative solutions being implemented to address related issues. Regarding the relationship between educational institutions and the housing market, panelists discussed the inverse relationship between rising housing costs and declining school enrollment. The loss of students affects not only schools but also a community’s vibrancy and inclusivity, and families are forced to seek private education options, further straining public resources. Regarding the challenges faced by school districts, panelists noted that many districts are grappling with financial instability, which is exacerbated by declining enrollment and teacher layoffs. As schools lose funding, they struggle to provide essential services, which in turn impacts the quality of education and community support. Turning to innovative solutions and collaborative efforts, panelists discussed how organizations like Northwest Housing Alternatives apply an equity lens to their housing projects, ensuring that developments meet the needs of the communities they serve. The importance of involving community members in the planning process was emphasized; engaging residents helps to identify their needs and fosters a sense of ownership over the projects.

Panelists also discussed the Ashland School District and Bend-La Pine School District as case studies. In Ashland, a committee was formed to explore the development of affordable housing on underutilized land within the school district. The initiative aims to address declining enrollment while providing housing for families. The Bend-La Pine School District has successfully employed surplus properties for affordable housing development, prioritizing school district employees in the application process.

Finally, panelists proposed several actionable solutions to address the challenges at the intersection of education and housing: leveraging underutilized school properties for affordable housing development; collaborating with local organizations to provide comprehensive support services, such as childcare and educational resources, to families in need; supporting legislation that facilitates the development of affordable housing on school district land and provides financial incentives for developers; and utilizing data collection to assess the effectiveness of housing and educational programs, ensuring resources are allocated where they are most needed. The panel discussion underscored the urgent need for collaboration among educators, housing developers, and community organizations to address the intertwined challenges of education and housing.

4:25 p.m. to 4:30 p.m.br> Closing Remarks
Speaker: Jennifer Bragar, Board President, Housing Land Advocates

Bragar thanked the audience for attending the conference.