April 25, 2024 - Expiring Below Market Rate (BMR) Rental Units and Update on CWP on Developing New BMR_ELI Housing
CITY COUNCIL INFORMATIONAL MEMORANDUM
Date: April 25, 2024
To: Cupertino City Council
From: Benjamin Fu, Director of Community Development
Re: Expiring Below Market Rate (BMR) Rental Units and Update on CWP on
Developing New BMR/ELI Housing
Background
1. Expiring Below Market Rate (BMR) Rental Units:
The City’s Below Market Rate (BMR) Rental Housing Program is an affordable housing
program designed to assist low and very low-income households. The City’s BMR
portfolio contains 141 rental units located at 9 different properties. The period of
affordability for these units is set by the Declaration of Resale Controls or Regulatory
Agreement between the City and the property. The table below shows the expiration date
of the affordability restrictions for each property.
Property # of Expiring
BMR Units
Total # of
BMR Units
Date of Expiring
Restrictions
Aviare 20 22 7/8/26
Forge Homestead 15 15 7/15/26
Park (City Center) 4 4 7/8/26
Hamptons 34 34 10/20/27
Arioso 20 20 1/29/28
Biltmore 2 2 8/30/29
Aviare 2 22 7/8/38
Markham 17 17 11/4/39
Vista Village 23 23 *10/1/2056
Greenwood Court 4 4 *7/1/2116
*These properties are owned and operated by West Valley Community Services who have
expressed interest in keeping these units affordable in perpetuity.
2. Update on CWP on Developing New BMR/ELI Housing:
On August 18, 2022, the City issued an Request For Proposal (RFP) to allow ELI housing
on surplus public right of way (ROW) along Mary Ave, adjacent to the Westport
development project. On October 18, 2022, a combination of nonprofit public benefit
corporations Cupertino Rotary Housing Corporation, Housing Choices Coalition for
Persons with Developmental Disabilities, Inc., and Charities Housing Development
corporation of Santa Clara County submitted a response to the RFP. The proposal was for
a 100% affordable housing development consisting of 40 units in a two-story multifamily
structure. 18 of the units would support the intellectual or developmental disability (IDD)
population with the remaining 21 units supporting extremely low-income individuals.
On February 6,2024, City Council approved with Staff’s recommendation to enter into an
Exclusive Negotiation Agreement (ENA). On April 9, 2024, the ENA was signed by all
parties. In the upcoming weeks City staff will be meeting with the developer to discuss
project specifics and sequencing. Additional updates will be provided at that time.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
_____________________________________
Prepared by: Alec Vybiral, Senior Housing Coordinator
Reviewed by: Benjamin Fu, Director of Community Development
Approved for Submission by: Pamela Wu, City Manager