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Energy Efficiency and Health Standards for New Affordable Housing

Bridget Nostro (author), Stephen Miller, and Eva Rosenbloom (editors)

INTRODUCTION

Some local governments require new affordable housing units to meet energy efficiency and health standards of third-party certifications, such as the LEED program. Coupling affordable housing with energy efficiency offers the possibility of addressing two social needs with each new housing unit.

The National Affordable Housing Act defines affordable housing as rental housing that bears rents not greater than the lesser of the existing fair market rent for comparable units in the area as established by the Secretary of State under section 8 of the United States Housing Act of 1937, or generally a rent that does not exceed 30 percent of the adjusted income of a family whose income equals 65 percent of the median income for the area, as determined by the Secretary.[1] Put simply, there are different benchmarks of affordability which vary by housing size and local market conditions.

The United States’ land use policies have not only stymied economic opportunities for lower-income communities of color but also concentrated pockets of environmental injustice in many of those same communities.[2] The century-long policies of segregation and redlining created a disparate distribution of environmental, social, and economic inequalities among neighborhoods.[3] These inequalities manifest in environmental burdens within a residential area such as the sites of polluting industries, adverse human health impacts of urban heat islands, vulnerability to flooding, and lack of green spaces.[4]  Similarly, this history is evidenced by the historical lack of resources, investment, and development that resulted in poor infrastructure, which increased vulnerability to environmental hazards.[5] The negative effects that come from these inequalities, such as poor air quality, extreme heat, higher energy bills, and fewer job opportunities[6] still exist today.  This history is still identifiable by the lack of affordable housing, the poor health and safety conditions of housing, the scarcity of public transportation, and the lack of pedestrian mobility in lower-income communities of color.[7] Because affordable housing units are disproportionately clustered together, these harms are exacerbated by the concentration of communities of color in such under-served neighborhoods that also face environmental justice concerns.

William McDonough, architect and co-author of Cradle to Cradle Remaking the Way We Make Things, once noted, “The building code defines the worst house allowable by law.”[8] In other words, local governments do not require developers and homeowners to put more money or effort than needed to build above the minimum code requirement. Developers of affordable housing for underserved communities know that their profit margins will be lower because of the expected rental income. Directly impacting or improving the long-term resiliency, human health, or energy stability of the occupant would likely have a perceived cost implication to the developer's bottom line. Thus, these communities receive the bare minimum of what is legally required of the building standards, as McDonough describes.

Most developers are in the business to make money and have absolutely no incentive to go beyond that standard. Accordingly, there is a serious problem in the construction industry between first and life cycle costs -especially on materials - where often the one with the cheaper first cost is selected without any regard to the long-term maintenance. If building owners and developers are focused on minimizing the upfront financial resources, they are not necessarily concerned or motivated by the operational, maintenance, or repair costs of the long-term life span of the building, and lack the possible incentives to incorporate more energy and resource saving means and methods. When building maintenance is neglected, residents are deprived of a better quality of life within their homes including poor indoor air and water quality and higher risks of health issues.[9] These harms are unequally distributed throughout socioeconomic classes as they are more prominent in lower-income communities of color.[10]

Everyone benefits from housing that promotes healthy living, mitigates safety risks, and reduces utility bills.[11] Energy-efficient and healthy affordable housing is vital to combat environmental injustice as it can help remedy both high housing costs and dangerous or inferior living conditions.[12] The added construction cost to implement increased energy efficiency and healthy building materials can be minimal and provide long-term savings that can pay for themselves over time.[13] Affordable housing that is sustainable, resilient, healthy, and efficient enables residents to save money on operating costs, enjoy enhanced qualities of life both physically through improved air quality and thermal comfort, and mentally through reduced financial and environmental stressors, and experience a greater sense of community, pride, and ownership.[14] More than 567,000 affordable housing units have been certified through Leadership in Energy and Environmental Design (LEED), one of the most prominent third-party certifications for green buildings, proving to residents and other stakeholders alike that affordable housing can also be environmentally conscious.[15] However, building codes today are archaic, out of date, and based on short-term results due to the risk-adverse nature of the industry in which changes to old/current practices take a long time to evolve. Building regulations need to progress to support efficient and healthy built environments that align with these developers’ and property owners’ financial models.

The sample ordinances below illustrate how affordable housing and environmentally-conscious building policies can work together in a variety of ways.   Sample local ordinances come from such disparate locations as New York City; Washington, D.C.; Tampa, Florida; Rifle, Colorado; Denver, Colorado; Newburyport, Massachusetts; and Miles City, Montana. These local government options illustrate both mandates and incentives that respond to local conditions.  All improve energy efficiency for new affordable housing development, and sometimes even projects beyond.

EFFECTS

This section describes the social, environmental, and economic benefits of affordable houses built to meet energy efficiency and health standards. The social effects section analyzes not only the residents of the new affordable houses but the surrounding community as well. The environmental effects section discusses the health benefits and reduced environmental impacts these new affordable homes create. The economic effects section explains the financial impacts for residents and builders, as well as the market appeal for green building certification.

  1.  Social Effects
  • Demographics and Housing Needs

The US population is growing exponentially from both internal population growth and immigration.[16] In 2020, there were about 331 million Americans; by 2030, it is estimated there will be over 350 million Americans.[17] Expanding both market-rate and affordable housing is necessary simply to match population growth in the United States.

As of 2017, the U.S. needs to build at least 4.6 million new apartment homes at all price points by 2030 to meet the growing demand, according to the National Apartment Association.[18] That estimate does not take into account the pandemic’s distortion of the housing market, which saw housing prices rise quickly and push many would-be homeowners into the rental market and thereby increasing apartment demand further.[19] That estimate also does not include the apartments that will need to come offline because of age and disrepair.

This population growth and apartment shortage exacerbates the existing shortage of 7 million affordable and available rental homes to extremely low-income renters, according to a report of the National Low-Income Housing Coalition.[20] Across the country, rents rose almost 18 percent between January 2021 and January 2022, according to Apartment List.[21] Rising costs and a shortage of available units are giving landlords the leverage to hike rents at all price points.[22] And as the wealth gap continues to grow with the increasing population, the number of people in need of affordable housing will also rise significantly.[23]

The population in many communities is also getting older. In 2030, there will be as many people over the age of 65 as there are people under the age of 18 in the U.S.[24] Building affordable housing projects near public transit can ensure residents will remain engaged in their communities and prevent the uprooting of older adults.[25]

Substantial development will be necessary to meet the needs of the growing population, as well as specialized housing to meet the specific needs of communities such as the elderly.   Green affordable housing can offer safer, healthier, more affordable, and lower-maintenance homes,[26] which makes this a moment of opportunity to address both affordability and environmental justice.

  • Equity of Access

Energy-efficient and healthy buildings represent less than one percent of the total building stock in the U.S. Energy-efficient buildings tend to be found in larger cities servicing wealthier communities.[27] As a result, there is a misconception that green buildings are expensive to build. At the same time, ongoing prejudices continue to assert that affordable housing depresses property values causing continued opposition to such projects in wealthier communities.[28] Overcoming the assumptions about energy-efficient buildings and affordable housing is complicated because it is often based upon assumptions rather than systemic analyses and evidence concerning construction costs and price impacts.  This is especially true for green affordable housing.[29]

At the same time, those with the least access to energy-efficient and healthy buildings may benefit the most from such buildings. Black, Native American, and Hispanic households are more likely than White households to be extremely low-income renters with incomes at or below the poverty level or 30% of their area median income.[30] U.S. Environmental Protection Agency’s National Center for Environmental Assessment released a study indicating that people of color are much more likely to live near polluters and breathe polluted air.[31] Specifically, the study found that people in poverty are exposed to more fine particulate matter than people living above the poverty line.[32]  Low-income households are often exposed to low-quality housing conditions and thus endure disproportionate costs of energy, transportation, healthcare, safety, and risks of health issues.[33]

  • Building Community

Energy-efficient, healthy affordable housing can rewrite the narrative of low-income housing. When this type of housing is built near schools and jobs, or near access to public transportation, residents have an easier opportunity to engage with other community members. [34] Urban planners strategically use density incentive programs to direct development in areas with locational and temporal priorities and other common implementation challenges.[35] To incentivize private sector investments in an urban regeneration area, municipalities may implement similar programs where developers are permitted to build more residential units than the maximum allowable development on a site in exchange for other policy goals, such as setting aside part of the land for permanently protected habitat, public green, or the production of additional affordable low-income residential units where implementing is otherwise expensive relative to the basic costs of production.[36] Further, the affordable price to rent an apartment in these complexes creates less turnover in the building because tenants are more likely to meet their bills.[37] Green spaces, frequently included as criteria for healthy buildings and healthy building certifications, have been shown to reduce tenant turnover and reduce crime in multifamily developments. Green spaces also provide shade for people and buildings, help keep ambient temperatures lower, and reduce urban heat island effects and the associated human health impacts.[39] This in turn promotes a stable community and gives community members the space to make connections with each other.  As a result, the structures themselves become a part of a larger movement.

2. Environmental Effects

  • Energy Efficiency

As people become more desperate to find alternative sources of energy, technology continues to advance to meet these goals. Buildings consume immense amounts of energy, mainly from non-renewable sources.[40] In 2017, the residential sector of the US consumed 20% of the total energy used by Americans; 89% of that total was from a non-renewable source.[41] Since buildings represent about 40% of global energy use and 30% of greenhouse gas emissions, the building sector has one of the largest potentials for significantly reducing greenhouse gas emissions compared to other sectors.[42]

Energy-efficient buildings are designed to save energy and money.[43] Green buildings certified by LEED in the U.S. and other countries have been shown to consume 25% less energy and 11% less water, than non-LEED-certified buildings.[44] EarthCraft is another green building certification program. On average their homes are 30% more energy-efficient, which can result in a reduction of over 1,100 pounds of greenhouse gases introduced into the atmosphere each year.[46] The Living Building Challenge is one of the most progressive and rigorous performance-based and holistic/comprehensive building philosophies in the industry.[47] It has seven performance categories or “petals”: place, water, energy, health and happiness, materials, equity, and beauty.[48] The program uses best practices, such as integrated design and systems thinking, and measured performance combined with innovative regional construction method advances to implement mandatory compliance within seven categories. Its goal is to apply to every building type and requires net-zero energy, waste, and water for every project, and incorporate regenerative design solutions that actually improve the local environment rather than simply reduce harm.

One of the main purposes of affordable housing is to keep costs low for residents.[50] Affordable housing residents can benefit from energy-efficient buildings because the increased energy efficiency helps keep the utility costs lower than a non-green building.

  • Solar Panels

Solar panels are a great example of integrating renewable and low-carbon energy technologies to supply a green building with its energy needs. The design of the panel maximizes the green building’s natural efficiencies to create energy on-site.[51] Although the upfront cost of solar panels is expensive, the return on investment is averaged to be met between 9 and 12 years, depending on the project and its location.[52] Additionally, solar panels help alleviate month to month bills by lowering electricity costs. A downside to solar energy is that its power output varies depending on the season, as in the colder months there are shorter days and fewer hours of direct sunlight, and atmospheric conditions as clouds and snow can hinder the productivity of solar panels.[53]

  • Windows and Insulation

Window placement on a building can increase the energy efficiency of a building with proper planning and technological advances. Passive solar technology or daylighting uses the building’s proper orientation to the sun to provide light and heat without any other apparatus.[54] Proper window placement, building orientation, and shading can reduce energy loads which can reduce related carbon emissions, reduce utility costs, and improve occupant health and well-being.

Insulation also boosts energy efficiency, human health, and thermal comfort which aids in lowering the energy costs of the green building. The American Consumer Reports have suggested that sealing air leaks within homes can reduce energy costs by approximately 15%.[55] Window insulation may include double or triple-paned windows filled with argon or krypton for insulation; heat-absorbing tinted windows; insulated windows made of two or more layers; windows with reflective coatings that block more light than heat; and low-emissivity coated windows that block heat but allow light to pass through improves energy efficiency windows.[56] Energy-efficient windows like these reduce heat exchanges and air leaks which lessens the need for more energy exertions to heat or cool a building.[57]

  • Building Materials

The materials themselves that energy-efficient buildings are made from are commonly part of the overall efficiency goal of energy-efficient and healthy buildings. Embodied carbon is the greenhouse gas (GHG) emissions associated with the manufacturing, transportation, installation, maintenance, and disposal of building materials.[58] It causes a large spike in carbon emissions from the construction that will remain in the atmosphere long before and after the energy-efficient building is operating. A case study conducted by RMI showcased that up-front embodied carbon can be reduced by up to 46% with less than a 1% cost premium.[59] These solutions are created by choosing building designs with minimal material usage and using recycled and/or alternative materials with low-embodied carbon footprints.[60] Industrial materials can be recycled in construction applications because they have many of the same chemical and physical properties as the virgin materials they replace.[61] When the material is of good quality, helps to form a longer-lasting structure which improves the building’s sustainability. Green buildings can become even more materially efficient by designing the structure in a way that allows for the use of fewer materials and employing processes that use less water, raw materials, and energy.[62]

  • ENERGY STAR

ENERGY STAR is an EPA-approved energy efficiency business, and its approved products are commonly used in affordable housing.[63] These energy-efficient appliances include washers, dryers, dishwashers, and heating and cooling systems all of which use less energy and reduce bills. [64] Even an LED light bulb that has earned the ENERGY STAR approval improves the efficiency of a home while providing the same amount of light as it can use 70-90% less energy than an incandescent light bulb.[65] On average, ENERGY STAR-certified homes are 20% more energy-efficient than homes built to code and can save more than $575 on energy bills without the hindrance of quality and performance of the technology.

Installing energy-efficient products helps to bring down a household’s energy burden, making energy more affordable for more people. In 2018, ENERGY STAR and its partners helped Americans avoid $35 billion in energy costs.[66] As the demand for energy decreases the prices will lower. In addition to energy equity, there is less pollution from power plants as the energy demand is reduced.

  • Interior Air Quality

Having healthy interior air is important. Humans are inside 90% of the time[67] and yet, according to the EPA, the air we breathe inside our homes is on average two to five times more toxic than outdoor air. This toxicity is due to inadequate ventilation.[68] High temperature and humidity levels can also increase concentrations of some pollutants.[69]

A socioeconomic disparity exists in indoor air quality where indoor concentrations of multiple pollutants are elevated in low-socioeconomic status households.[70] The varying levels of exposure to pollutants are determined by the combination of indoor sources, outdoor sources, the quality of the physical structure, and residential activity patterns.[71] A common contributor to unhealthy indoor air quality is using a natural gas or propane stove in a kitchen with poor ventilation as they can release carbon monoxide, formaldehyde, and other harmful pollutants into the air.[72] A 2020 study concluded that the increased indoor exposure to particulate matter, nitrogen dioxide, and volatile organic compounds falls disproportionately on populations of lower socioeconomic status while radon was associated with higher socioeconomic groups.[73] Poorly ventilated spaces contribute to symptoms, such as headache, fatigue, dizziness, nausea, cough, sneezing, shortness of breath, and eye, nose, throat, and skin irritation. This is collectively called sick building syndrome (SBS).[74]

Energy-efficient and healthy affordable homes can provide better interior air quality through design and technology. These buildings can achieve a higher level of Indoor Environmental Quality (IEQ) than conventional buildings, which helps to improve the health and productivity of occupants.[75] A majority of green building interior spaces have natural lighting and outdoor views, highly efficient HVAC (heating, ventilating, and air-conditioning) systems, and low-VOC for materials like paint, flooring, and furniture which create superior indoor air quality.[76] As a result, there is a reduced likelihood of physical and mental illness, increased work productivity, and increased test scores among students.[77]

WELL is a third-party building certification program that aims to deliver more thoughtful and intentional spaces that enhance human health and well-being through design interventions and operational protocols and policies.[78] WELL has four preconditions for air quality that define the fundamental components of a WELL-certified space that are mandatory for certification and serve as the foundation of a healthy building.[79] The first requires their certified properties to provide acceptable air quality levels for criteria air pollutants, as determined by public health authorities.[80] The second WELL requirement bans indoor smoking and bans or restricts outdoor smoking within its boundaries.[81] The third requirement provides for bringing in fresh air from the outside through mechanical and/or natural means in order to dilute human- and product-generated air pollutants.[82] The final precondition is to protect indoor air quality during building construction and renovation through a combination of strategies, such as duct protection, moisture and dust management, filter replacement, and proper equipment selection.[83] There are ten additional optimizations for indoor air quality which are optional pathways for projects to meet certification requirements in WELL.[84]

3. Economic Effects

  • Public Transportation

Studies by the EPA illustrate that the true cost of housing is the combined cost of housing and transportation.[85] When houses are spread out, or residential areas are separated from business areas of a community, modes of transportation, commonly automobiles become a necessity.[86] This additional responsibility starkly increases the amount of money a resident will have to spend. Low-income households earning $20,000 to $35,000 and living far from job centers spend 70% of their income on housing (33%) and transportation (37%)[87] For those living in the central city, housing costs are the same, but transportation drops to 22%.[88] Building affordable housing near public transportation eliminates the need for owning or renting a car, allowing the residents to focus their income on other necessities.

With access to public transportation, residents can engage more fully in the community and the local economy. National and regional studies have found benefits in the local economy in the form of jobs, local income, sales, increased property values, and property tax revenues.[89] Other studies estimate that increased access to public transportation can benefit the entire labor market by linking available jobs to qualified workers within the development.[90] With a connection to public transit, residents have a decreased commute time which may save them money and even improve their quality of life.

  • Hard Costs and Soft Costs

Energy-efficient and healthy buildings often require a greater upfront cost to build than conventional buildings. Their hard costs, which are the constructional components including materials, labor, and equipment, make up the largest percentage of green building costs.[91] Soft costs include the design and construction fees or associated management of the development project and tend to be less expensive. A research project conducted by Southface and the Virginia Center for Housing Research found that in the southeast states green development hard costs are 1.6% higher, while soft costs are more than 13% lower than conventional developments.[92] They explain that other direct construction costs are higher for green developments due to additional technologies, materials, and processes that are not included in conventional constructions.[93] These new and/or different standards of construction may require additional training and experience for contractors and deviates from the path dependency that retains conventional and lower variability of costs.[94] But with scaling up higher construction, code, and efficiency standards, these costs should level out as these practices become more commonplace.

  • Higher Quality Buildings for Lower Costs Over Time

Life cycle costing (LCC) evaluates the environmental impacts of a material across its entire life, from extraction to disposal.[95] In LCC, the entire life span of the green building implementation is

considered focusing on the major cost components of LCC namely design, purchase and construction cost, maintenance cost, operational cost, development cost, and demolition cost.[96] Energy-efficient and healthy buildings commonly have lower maintenance and operations.

  • Certification

Some local governments integrate third-party criteria requirements from organizations like LEED or others but do not require developers to obtain the certification (for more on this see SDC brief Third-Party Certification Requirements). Owners and developers use the certification as a guide to model their buildings. This can help keep the cost of green affordable housing down without sacrificing quality. However, following through with certification provides accountability and can help ensure that the building has sustainable and healthy living features for renters and the public. Yale’s Built-Environment expert, Mark Simon, explains a certification as, “a public declaration that part of their personal or institutional mission is to be sustainable,” and, “[m]ost of the time, reputation and self-interest are big parts of that equation.”

EXAMPLES

The first two examples in this section mandate affordable housing to improve energy efficiency. The second two ordinances encourage project sponsors to implement energy retrofits in affordable housing developments.

New York, NY

As a part of the 2019 Climate Mobilization Act, New York City’s Local Law No. 97(“LL97”)[100]  requires new and existing buildings to meet energy efficiency standards and greenhouse gas emission limits. The goal of this law is to achieve a 40% reduction in aggregate greenhouse gas emissions from covered buildings by 2030, and 80% by 2050, using 2005 as the baseline comparison (§ 24-803(b)(3)).[101] LL97 amends the NYC Administrative Code by adding Articles 320 and 321 to Chapter 3 (Maintenance of Buildings) of Title 28 (New York City Construction Codes).[102] Article 320 establishes Building Energy and Emissions Limits for buildings starting in 2024 and outlines the implementation of such limits.[103] Article 321 establishes Energy Conservation Requirements for Certain Buildings that are not covered under Article 320.[104]

Buildings in which more than 35 percent of units are rent regulated, regardless of whether they contain units with income restrictions, Housing Development Fund Cooperatives (HDFC cooperatives), and buildings that have HUD project-based assistance (e.g. Section 8, 202, 811, CoC, etc.), including buildings on NYCHA land that participate in the PACT/RAD program, must comply with NYC Administrative Code Title 28, Article 321 Energy Conservation Measure Requirements for Certain Buildings by demonstrating that, for the calendar year 2024, either their emissions are below the applicable 2030 limits under Article 320 OR that applicable Prescriptive Energy Conservation Measures (§ 28-321.2.2) have been fully implemented by December 31, 2024.[105] Energy conservation measures include but are not limited to insulating steam system condensate tank and all pipes for heating and/or hot water, repairing and maintaining all heating system leaks, installing radiant barriers behind all radiators, installing timers on exhaust fans, and installing indoor and outdoor heating system sensors and boiler controls to allow for proper set-points.[106]

To view this provision, see Local Laws of The City of New York For the Year 2019, No .97.

District of Columbia

All new residential construction and substantial improvement projects located within the Anacostia Waterfront Development Zone, as defined in § 2-1226.04, are required to fulfill or exceed the current edition of the LEED standard for commercial and institutional buildings at the silver level and achieve the ENERGY STAR label and be 30% more energy efficient than required by ASHRAE 90.12004 or such later standard adopted by the Mayor pursuant to § 2-1226.41.[107]

If the project is a District-financed project that is receiving public financing to assist in the new construction or substantial rehabilitation of affordable housing, the project may apply the Green Communities standards as an alternative to LEED for the affordable units within the affordable housing. These affordable housing projects must also achieve the ENERGY STAR label and be 30% more energy efficient than required by ASHRAE 90.1 2004, or a later standard adopted by the Mayor pursuant to § 2-1226.41.[108]

To view this provision, see Code of the District of Columbia § 2–1226.35. Green building standards.

Tampa, Florida

Tampa, Florida, created an initiative to construct green buildings for affordable housing.[109] The initiative encourages the City’s affordable housing programs for multi-family and single-family homes to follow the Florida Green Building Coalition’s (FGBC) specifications to meet green building certification.[110] The initiative also encourages the use of Florida Energy Star and Florida Water Star appliances, which increases the efficiency of appliance systems thus decreasing waste.[111]

FGBC certifies that the builder has used the industry’s best practices for sustainable, green constructions.[112] FGBC-certified homes enhance the indoor air quality of the home, conserve water resources, maintain affordable and reliable energy sources, and provide affordable housing.[113]

Although the City claims to encourage sustainable buildings for affordable housing, the ordinance does not specify how exactly it encourages their construction. For non-affordable homes, however, the City will provide a grant which would provide a partial rebate of permit fees if property owners of single-family homes construct a certified green structure under FGBC or United States Green Building Council (USGBC) LEED. If the owner proves that it satisfies the FGBC certification, the City will rebate 50% of the building permit fees paid back to the owner. For multi-family homes, the structure must satisfy all the USGBC LEED standards to receive a rebate percentage determined by the level of LEED certification.[114]

To view this provision, see Tampa, Florida Code of Ordinances Sec. 17.5-205.

Daly City, CA

Daly City adopted the California Green Building Standards Code, 2019 Edition, to prescribe regulations for the protection of the public health and safety of its inhabitants.[115] The code defines affordable houses as residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed by local agencies to be affordable based on area median income.[116]

Chapter 15.22.060, Electric Vehicle Charging Infrastructure, requires all multifamily affordable housing to provide 10% of their dwelling units with parking spaces will be provided with at least one Level 2 EV Ready Space.[117] The remaining dwelling units with parking space(s) will be provided with at least a Level 1 EV Ready Space.[118] An EV Ready Space includes the infrastructure (conduit, breaker space, junction box, etc.) and a wired outlet for electric car drivers to plug in their portable charger into the outlet.[119]

To view this provision, see Daly City, California Code of Ordinances Sec. 15.22.060.

ADDITIONAL EXAMPLES

See Denver, Colorado Code of Ordinances Sec. 10.301

Beginning after November 2, 2018, new buildings in Denver Colorado that are 25,000 square feet or more of gross floor area will have to comply with green building requirements.[120] Each construction must have a cool roof and at least one of the following features: green space; on-site solar panels; off-site renewable energy purchase; demonstration of decreased energy consumption; building certification of LEED Gold, Enterprise Green Communities, the National Green Building Standard ICC/ASHRAE 700 or an equivalent.[121] If the owner of the building either decides not to or does not have enough area to provide the required green space, the owner must pay the green building fund $50 per square foot of area short of satisfying the green space requirement. This fee incentivizes the owner to create green space on the property, which benefits the people within the building. Green spaces improve mental and physical health by creating better air quality, providing a space for relaxation, and promoting social cohesion.[122]

See Newburyport, Massachusetts Code of Ordinances Sec. XXIX

The purpose of the Smart Growth District (SGD) is to encourage “smart growth” and sustainable development. Sustainable development includes fostering high-quality, low-impact, compact development on existing and adequate municipal infrastructure using sustainable construction techniques and materials. Water conservation and energy efficiency should be central goals in the selection of building components and building systems. All buildings shall incorporate environmentally responsible design and construction practices as governed by the Energy Star Program to the extent feasible and applicants are strongly encouraged to receive a U.S. Green Building Council LEED rating or other industry-accepted programs for all buildings.

Units of affordable housing shall be equitably and proportionately dispersed throughout the Project and must be comparable in initial construction quality and have interiors and exteriors that are equivalent in design and materials to the other housing units in the project.

See Miles City, Montana Code of Ordinances Sec. 24-28

This ordinance encourages the preservation and enhancement of natural amenities, cultural resources, and open space; Provides for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure; And encourages infill development, traditional neighborhood development, affordable housing, low-impact, energy-efficient, and innovative projects, and a variety of housing types and sizes to accommodate households of all ages, sizes, and incomes.

CITATIONS

[1] The National Affordable Housing Act, Qualification as Affordable Housing 42 U.S.C.A. § 12745(a)(1) (West).

[2] Environmental & Climate Justice. NAACP. (2021, November 17). Retrieved May 13, 2022, from https://perma.cc/XX7Q-F38N.

[3] Grove, M., Ogden, L., Pickett, S., Boone, C., Hall, B., Lord, C., Locke, D., Buckley, G. The Legacy Effect: Understanding How Segregation and Environmental Injustice Unfold over Time in Baltimore. 524-525; (2018). Retrieved May 13, 2022, from https://perma.cc/CWG7-RQUR.

[4] Id.

[5] Vermeer, D. Redlining and Environmental Racism. (August 2022). Retrieved August 22, 2022, from https://perma.cc/FN6X-HQJG.

[6] Cusick, D. Past racist "redlining" practices increased climate burden on minority neighborhoods. (January, 2020). Scientific American. Retrieved August 22, 2022, from https://perma.cc/2HW3-APP9.

[7] Id.

[8] Mullinax, S. Green Building for All: Green Building is Key to Affordable Housing. Green Built Alliance. (September 2020). Retrieved May 13, 2022, from https://perma.cc/3WGH-QR9D.

[9] Id.

[10] Racial Inequities in Housing. Opportunity Starts at Home. (n.d.). Retrieved September 7, 2022, from https://perma.cc/C66G-7A9T.

[11] US Green Building Council. Guiding Principles For Green Affordable Housing. Affordable Housing Guiding Principles Update. (n.d.). Retrieved May 13, 2022, from https://perma.cc/GTA6-DV9D.

[12] Id.

[13] US Green Building Council. Green for All: Healthy and Efficient Affordable Housing. Green for All. (2019, October). Retrieved May 13, 2022, from https://perma.cc/ZD84-Z7VQ.

[14] Id.

[15] Blackwelder, A. LEED Enables Greater Efficiency for Affordable Housing Residents. Green Home Builder. (October 2020).  Retrieved May 13, 2022, from https://perma.cc/B78Q-HLFU.

[16] Camarota, S. A., Zeigler, K. Projecting the Impact of Immigration on the U.S. Population A look at size and age structure through 2060. (February 2019). CIS.org. Retrieved May 13, 2022, from https://perma.cc/2D34-3PPH.

[17] Poston, D. L. 3 ways that the U.S. population will change over the next decade. PBS. (January 2020). Retrieved May 13, 2022, from https://perma.cc/LN56-M4XG.

[18] National Apartment Association. United States needs 4.6 million new apartments by 2030 or it will face a serious shortage. (n.d.). National Apartment Association. Retrieved May 13, 2022, from https://perma.cc/E773-NFVE.

[19] Torres, M. P. M., & Marte, J. The Snowballing US Rental Crisis Is Sparing Nowhere and No One. (August 2022). Bloomberg. Retrieved August 22, 2022, from https://perma.cc/2F8S-YFXL.

[20]National Low Income Housing Coalition. The Gap A Shortage of Affordable Rental. No State Has an Adequate Supply of Affordable Rental Housing for the Lowest Income Renters. (2022).  Retrieved May 14, 2022, from https://perma.cc/VBR5-A3JX.

[21] Zaveri, M. (2022, March). Rents Are Roaring Back in New York City. The New York Times. Retrieved August 22, 2022, from https://perma.cc/R8AC-QG72.

[22] Id.

[23] Lerner, M. Affordability, wealth gap persist in housing market, report finds. (June 2022) The Washington Post. Retrieved September 2022, from https://perma.cc/M9PR-T58S; Affordable housing shortage, wealth gap hold back Black families. (August 2022). Crain's Chicago Business. Retrieved September 2022, from perma.cc/JW7Q-BCMK.

[24] National Apartment Association. United States needs 4.6 million new apartments by 2030 or it will face a serious shortage. National Apartment Association. (n.d.).  Retrieved May 13, 2022, from https://perma.cc/YUT9-CRNX.

[25] Id.

[26]Joint Center for Housing Studies of Harvard University. PROJECTIONS & IMPLICATIONS FOR HOUSING A GROWING POPULATION: OLDER HOUSEHOLDS 2015-2035 at 5. (2016). Retrieved May 14, 2022, from https://perma.cc/CUX3-K6YY.

[27]Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/7DYJ-Y3DC.

[28] Id.

[29] Id.

[30] Racial Disparities Among Extremely Low-Income Renters, National Low Income Housing Coalition (2019), from https://perma.cc/Z4TM-ZHK3.

[31] Byrd, A. EPA Report Proves That Black Communities More Likely to Breathe Toxic Air. (February 2018). Colorlines. Retrieved September 7, 2022, from https://perma.cc/LU6F-RMWA.

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[32] Id.

[33] Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/AN53-JMAM.

[34]Id.

[35]Id.

[36] The World Bank. Density bonus. Density Bonus | Urban Regeneration. (n.d.). Retrieved from https://perma.cc/AQ7B-B95P.

[37] Island Press, celie. Benefits of Green Affordable Housing. (September 2008). Retrieved from https://perma.cc/8P6B-RRSY.

[38] Mullinax, S. Green Building for All: Green Building is Key to Affordable Housing. Green Built Alliance. (September 2020). Retrieved May 13, 2022, from https://perma.cc/3UUN-ZEJ2.

[39] Who benefits from nature in cities? social inequalities in access to urban green and blue spaces across Europe. European Environment Agency. (August 2022). Available at https://perma.cc/D22G-LNU8.

[40] U.S. Energy Information Administration (EIA). (n.d.). Use of energy explained Energy use in homes. U.S. Energy Information Administration - EIA - independent statistics and analysis. Available at https://perma.cc/KS36-2GKG.

[41] Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/7N66-6PBP.

[42] World Green Building Council The benefits of green buildings from, https://perma.cc/D7LJ-EVQJ

[43]  US Green Building Council. Green for All: Healthy and Efficient Affordable Housing. Green for All. (October 2019). Retrieved from https://perma.cc/A6N4-AS5N.

[44] ENERGY STAR. Green Buildings and ENERGY STAR, ENERGY STAR Buildings and Plants. https://perma.cc/QRA7-FVUL.

[45] EarthCraft. History of EarthCraft. About the Program. (n.d.). Retrieved from https://perma.cc/GV9E-MWTH.

[46] Id.

[47] Park, T., Understanding the Living Building Challenge and Its “Petals.” (February 2021).  Hourigan. Retrieved from https://perma.cc/83LP-BFJ5.

[48] International Living Future Institute. Living Building Challenge Basics. (n.d.). Retrieved from https://perma.cc/WDN4-ZMRS.

[49] Id.; Park, T., Understanding the Living Building Challenge and Its “Petals.” (February 2021).  Hourigan. Retrieved https://perma.cc/6GL6-X639; Materially Better. What is the Living Building Challenge? (March 2020). Retrieved from https://perma.cc/B6DD-64NQ.

[50]  US Green Building Council. Green for All: Healthy and Efficient Affordable Housing. Green for All. (October 2019). Retrieved May 13, 2022, from https://perma.cc/XYP2-2M33.

[51] Green America. Your Home, Detoxed. Available at, https://perma.cc/H2SG-R6YA.

[52] Sendy, A. How long does it take for solar panels to pay for themselves? (April 2022). Retrieved from https://perma.cc/R2G5-MZ9R.

[53] The Seasonality of Solar Energy Production. Lighthouse Solar. (February 2017). Retrieved from https://perma.cc/8L58-RHRG.

[54]  Cho, R., The How and Why of Green Building State of the Planet (May 2016), https://perma.cc/R32E-5PKY.

[55] Id.

[56] Id.

[57] ENERGY STAR. What is Energy Efficiency? About ENERGY STAR Retrieved from https://perma.cc/QY82-8Y2Z

[58] Esau, R., Jungclaus, M., Olgyay, V., & Rempher, A. (March 2022). Reducing Embodied Carbon in Buildings: Low-Cost, High-Value Opportunities. RMI. Available at https://perma.cc/LR5X-7D6E.

[59] Id.

[60]  Id.

[61] EPA. Components of Green Building. (February 2016). Retrieved from https://perma.cc/VK2W-L49Y.

[62] Nationwide Construction. Eco-friendly Construction: 8 Advantages of Green Building. (August 2016). Retrieved from https://perma.cc/XF26-XZRY.

[63]  ENERGY STAR by the Numbers, About ENERGY STAR. https://perma.cc/22UF-A569.

[64] ENERGY STAR. The simple choice for energy efficiency. Retrieved from https://perma.cc/G349-H7AS.

[65] ENERGY STAR by the Numbers, About ENERGY STAR | ENERGY STAR, https://perma.cc/22UF-A569.

[66] Id.

[67] EPA. The Inside Story: A Guide to Indoor Air Quality. Retrieved from https://perma.cc/L57W-LUVN.

[68] Id.

[69] Id.

[70] Adamkiewicz, G., Zota, A. R., Fabian, M. P., Chahine, T., Julien, R., Spengler, J. D., & Levy, J. I. (2011). Moving Environmental Justice Indoors: Understanding Structural Influences on Residential Exposure Patterns in Low-Income Communities. American Journal of Public Health, 101(S1). https://perma.cc/7X5Z-2U4T.

[71] Id.

[72] California Air Resources Board. Indoor Air Pollution from Cooking (n.d.). Retrieved from https://perma.cc/FR9Q-2SMS.

[73] Ferguson, L., Taylor, J., Davies, M., Shrubsole, C., Symonds, P., & Dimitroulopoulou, S. (2020). Exposure to indoor air pollution across socio-economic groups in high-income countries: A scoping review of the literature and a modelling methodology. Environment International, 143, 105748. From https://perma.cc/X25X-QTJL.

[74] WELL. Air Standard: Well V2 Ventilation Design. WELL Standard. (n.d.). Retrieved from https://perma.cc/J49D-TQ2X.

[75] Jian Zuo, Zhen-Yu Zhao, Green building research–current status and future agenda: A review, 30 Renewable and Sustainable Energy Reviews 271–281 (2014). Retrieved from https://perma.cc/XL4R-QA7L.

[76] Lockwood, C. Building the green way. (August 2014). Harvard Business Review. Retrieved from https://perma.cc/V8FR-8A53.

[77] Howard, B. C. 5 surprising ways buildings can improve our health. Environment. (February 2021). Retrieved from https://perma.cc/5DSG-BM7K.

[78] WELL. WELL v2™. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/T5CH-CVYD.

[79] Id.

[80] WELL. Standard: Well V2 Air Quality. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/S6JJ-FNGX.

[81] WELL. Standard: Well V2 Smoke-Free Environment. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/ZK6G-392M.

[82] WELL. Air Standard: Well V2 Ventilation Design. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/4G82-LA65.

[83] WELL. Standard: Well V2 Construction Pollution Management. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/7D3F-QRVX.

[84] WELL. WELL v2™. WELL Standard. (n.d.). Retrieved August 22, 2022, from https://perma.cc/T5CH-CVYD.

[85] EPA. Smart Growth and Affordable Housing. Retrieved from https://perma.cc/758V-NQY8.

[86]  Id.

[87] Id.

[88] Id.

[89] Enterprise Community Partners, Inc. (2014). Impact of Affordable Housing on Families and Communities: A Review of the Evidence Base. Retrieved from https://perma.cc/JM6R-RJ3G.

[90] Id.

[91] Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/CDR5-PM5T.

[92] Trachtenberg, A., Hill, S., McCoy, A., & Ladipo, T. (2016). (rep.). The Impact of Green Affordable Housing. Southface Energy Institute and the Virginia Center for Housing Research. Retrieved from https://perma.cc/DX7J-LGT8.

[93] Id.

[94] Id.

[95] Andrea Di Maria, Johan Eyckmans, Karel Van Acker, Use of LCA and LCC to help decision-making between downcycling versus recycling of construction and demolition waste, Advances in Construction and Demolition Waste Recycling (2020). Available at https://perma.cc/4ANZ-XP44.

[96] Illankoon, C. I. M., Tam, V. W. Y., Le, K. N., & Shen, L. (2016). Cost Premium and the Life Cycle Cost of Green Building Implementation in Obtaining Green Star Rating In Australia. Retrieved from https://perma.cc/8C87-6Q5N.

[97] Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/CDR5-PM5T.

[98] Jian Zuo, Zhen-Yu Zhao, Green building research–current status and future agenda: A review, 30 Renewable and Sustainable Energy Reviews 271–281 (2014). Retrieved from https://perma.cc/XL4R-QA7L.

[99] Armin Jeddi Yeganeh, Andrew Patton McCoy, Steve Hankey, Green Affordable Housing: Cost-Benefit Analysis for Zoning Incentives, 11 Sustainability 6269 (2019). Available at https://perma.cc/CDR5-PM5T.

[100] All about local law 97. Urban Green Council. (2022, July 21). Retrieved from https://perma.cc/L654-DU8F.

[101] Affordable Housing. NYC Sustainable Buildings. (n.d.). Retrieved from https://perma.cc/BGV9-6U5G.

[102] De Chiara, M., DiBrita Jr., A., & Mellon, R. (2021, June). Understanding and planning for NYC Local Law No. 97 of 2019. Understanding and Planning for New York City Local Law No. 97 of 2019: Zetlin & De Chiara LLP. Retrieved from https://perma.cc/LH68-TA86.

[103] Affordable Housing. NYC Sustainable Buildings. (n.d.). Retrieved from https://perma.cc/JBA8-MY5U.

[104] Id.

[105] Id.

[106] Article 321: Energy Conservation Measure Requirements for Certain Buildings § 28-321.2.2 Prescriptive energy conservation measures. Retrieved from https://perma.cc/747G-H27R.

[107] D.C. Code § 2-1226.34. From https://perma.cc/HV8U-QUHB.

[108] Id.

[109] Tampa, Florida Code of Ordinances Sec. 17.5-205. From https://perma.cc/8VDY-2FXH.

[110] Id.

[111] ENERGY STAR, Features & Benefits of Certifed Homes and Apartments, Retrieved from https://perma.cc/25CU-R69C.

[112] Florida Green Building, The Benefits of Certified Green Homes Retrieved from https://perma.cc/QE3L-DA5J

[113] Id.

[114] Tampa, Florida Code of Ordinances Sec. 17.5-204. From https://perma.cc/8VDY-2FXH.

[115] Daly City, California - Code of Ordinances Sec. 15-22.010 From https://perma.cc/M9CN-TV3T.

[116] Id.

[117] Daly City, California- Code of Ordinances Sec 15.22.060, 4.106.4.2 From https://perma.cc/M9CN-TV3T.

[118] Id.

[119] Oreizi, D. What is the difference between EV capable, EV ready, and EV installed? ( January, 2021). Charged Future. Retrieved from https://perma.cc/5CLL-2K2G.

[120] Denver, Colorado Code of Ordinances Sec. 10.301. From https://perma.cc/2VAD-NTAR.

[121] Id.

[122] Urban Green Spaces and Health - a review of evidence (2016), World Health Organization.  https://perma.cc/2T6W-BB7Z.


Please note, although the above cited and described ordinances have been enacted, each community should ensure that newly enacted ordinances are within local authority, have not been preempted, and are consistent with state comprehensive planning laws. Also, the effects described above are based on existing examples. Those effects may or may not be replicated elsewhere. Please contact us and let us know your experience.