Report To The Utah Legislature - A Performance Audit Of The Division Of Housing And Community Development - 2012 Page 16
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33organizations as the primary funding and development source for
construction of affordable housing. As part of the division’s 10-year
plan to end chronic homelessness in Utah, in 2007 the director of
HCD, with the OWHLF board’s approval, purchased a 6.9-acre
parcel of land in South Salt Lake with the intent to partner with a
private developer to construct housing for homeless veterans. This
purchase constitutes 2.5 percent of the $106 million in total assets of
the OWHLF. Utah Code 9-4-705 gives HCD’s executive director the
authority to buy land with the approval of the board, but section 9-4-
1202 clarifies that “the private sector, including nonprofit entities,
shall be the primary source of developing and providing affordable
Utah Code requires
housing with state and local incentives to encourage housing
that HCD funds should
development.” Of the 23 contacted states, four have purchased land
be leveraged with the
private sector.
with similar state funds, but only one has land-banked those purchased
lands.
Utah Code Allows the Executive Director to
Purchase Land and Develop Projects
As shown in Figure 2.1, Utah Code 9-4-705 allows the executive
director of the HCD to purchase land at the direction of the OWHLF
board.
Figure 2.1 Utah Code 9-4-705 Gives Authority to the Director
of HCD to Purchase Land for Low-Income Housing. In fact, at
the direction of the board, statute allows the director to do any act
necessary or reasonably implied to increase low-income housing.
At the direction of the board, the executive director may:
(1) provide fund money to any of the following activities:
(a) acquisition, rehabilitation, or new construction of low-income
housing units; . . .
(c) the development and construction of accessible housing
designed for low-income persons; . . .
(e) other activities that will assist in the improving the availability or
quality of housing in the state for low-income persons;
(2) do any act necessary….or reasonably implied therefrom including:
(c) entering into agreements…for the purpose of… purchase,
construction….
A Performance Audit of the Division of Housing and Community Development (February 2012)
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