A path to affordable housing

As growth continues to come to Saratoga, the topic of affordable housing appears to be becoming more and more relevant.

In May 2021, Saratoga resident Steve Niccolls appeared before the Saratoga Planning Commission and requested the board examine what options were available. For several months, that discussion didn’t appear to take place until the September 21 meeting of the Saratoga Town Council when the subject was raised by Councilmember Ron Hutchins.

Now the topic has been brought up, it may not be going away as Niccolls was on the agenda for the October 5 meeting to discuss affordable housing. During the September 21 town council meeting, Hutchins said while he felt there was a need for affordable or low-income housing, he wanted to find a solution which was the right fit for Saratoga.

Some members of the governing body, such as Councilmember Jon Nelson, have publicly stated they do not believe the Town of Saratoga should be landlords. The general consensus among the town council, it seems, is the problem of affordable or low-income housing is best solved through the free market. Under Chapter 10 of Title 15 of the Wyoming State Statutes, though, municipalities or counties can develop and operate housing projects.

A housing project, defined under 15-10-101(ii), “means any undertaking on contiguous or noncontiguous sites to make plans and undertake surveys to carry out the purposes of this chapter; demolish, clean or remove unsafe or unsanitary or substandard buildings; or provide, or assists in providing by any suitable method decent, safe and sanitary housing and related facilities to persons of low income.”

A municipality or county cannot just go and develop a housing project. Under Wyoming State Statute 15-10-102 it reads “no municipality or county shall exercise the authority conferred by this chapter until its governing body adopts a resolution finding that; unsanitary or unsafe or substandard inhabited dwelling accommodations exist in the municipality or county or there is a shortage of safe and sanitary dwelling accommodations in the municipality or county available to persons of low income at rentals or prices they can afford.”

One potential detractor for a local government to develop and operate a housing project is the lack of taxable property. Because the property would be owned by either the municipality or county, and the public property is used for essential public, it would be exempt from taxes. According to 15-10-107 of the Wyoming State Statutes, however, “in lieu of taxes on property exempt under this section, a municipality or county may agree to make such payments to any public body as it finds consistent with the maintenance of the low-rent character of housing projects.”

The power to establish a housing authority can also be found under this chapter, specifically under Wyoming State Statute 15-10-116. Though the Town of Hanna, for example, has a housing authority which operates strictly within its corporate boundaries it is possible for several municipalities or the county to form one as well.

In the case of a municipal housing authority, the mayor would appoint five members to the commission with the advice and consent of the governing body. A county housing authority would look similarly with the positions filled by the county commissioners. A regional housing authority, which would involve multiple municipalities, would have a commission member appointed by each municipality and county participating.

However, if only two municipalities or counties or some combination of the two are participating in the regional housing authority, the commissioners appointed by the governing bodies would be required to appoint an additional commission member.

Though this is one available option for the Town of Saratoga, should the governing body conclude there is such a need, it remains to be seen how the Saratoga Town Council will proceed.