Local Housing Board as presented by Dir. Alvin T. Claridades of HUDCC

5/21/2018 Local Housing Board as presented by Dir. Alvin T. Claridades of HUDCC

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DIR. ALVIN T. CLARIDADES, BSCE; LL.B.Housing and Urban Development Coordinating Council


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Outline of Presentation

Local Special Bodies

Local Housing Board and/or Office

Local Housing Projects & Financing


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Local School Boards

Local Health Boards

Local Development Councils

Local Peace and Order Councils

Peoples Law Enforcement Boards


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A Local Housing Board (LHB) isa local special body devoted toaddressing local housing concerns

through the formulation anddevelopment of acomprehensive and

integrated housing and urbandevelopment program of theLocal Government Unit (LGU).


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The Board may be created by anOrdinanceduly enacted by theSanggunian concerned.

It may also be created by the LocalChief Executive (LCE) through anAdministrative Order.

However, the first option is preferredowing to its more permanent

character and funding provision.


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Is there an existing presidentialdirective for the creation of LHBs?

Yes. In 2002, the President issuedMemorandum Order No. 74directing theLGUs to create their respective housingboards, or their equivalent, within thirty (30)

days from the effectivity of this Order.


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Are the LHBs also mandated, amongothers, to perform the function of aclearing house for eviction and

demolition?Yes. Pursuant to Executive Order No.708, Series of 2008, the LGUs, throughtheir respective LHBs or any similar bodyduly created by ordinance, shall assume thefunction of clearing house for the conduct ofdemolition and eviction activities involvingthe homeless and underprivileged citizens intheir respective territorial jurisdictions.


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Has the Department of the Interiorand Local Government (DILG) issuedthe necessary guidelines to implement

the provisions of EO 708?Yes. On Sept. 19, 2008, the DILG issued

Memorandum Circular No. 2008-143setting forth the guidelines for the creation ofLHBs as well as the devolution of the clearinghouse function from the PresidentialCommission for the Urban Poor (PCUP) to theLGUs.


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LHB as Clearinghouse for Demolition


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Under MC 2008-143, the LHB shall perform thefollowing functions:

Monitor all evictions and demolitions, whethervoluntary, extra-judicial, summary or court-ordered;

Require proponents to first secure the Checklist,Guidelines and Eviction and DemolitionCompliance Certificateprior to actualimplementation;


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Issue Certificates of Compliance (CoCs) onproposed eviction and demolition activities; and

Require the LGU to cause the creation of theLHB through an appropriate ordinance as apre-requisite before the LGU can assume itsclearinghouse function. For an existing LHB, an

amendment of the ordinance creating the sameshall be enacted to conform with the guidelineswithout altering its original composition.


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In the meantime that there is no LHB yet

created by the LGU, which body is authorized toissue CoCs on proposed eviction and demolition

activities?Pursuant to the provisions of DILG MC 2009-05issued on Jan. 20, 2009which amended MC 2008-143, the Local Inter-Agency Committee (LIAC), ifexisting, is authorized to issue the CoC in the absenceof or pending the creation of the LHB, subject to theissuance by the LIAC of a resolution attesting to thesubstantial and sufficient compliance of the Project(with eviction and demolition components) with Secs.

28 and 30 of UDHA (RA 7279) and its IRR.


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In the absence of a Local Housing Board, the Local

Inter-Agency Committee (LIAC) is authorized to issuethe Certificate of Compliance

DILG Memorandum Circular No. 2009-05 amendingDILG Memorandum Circular No. 2008-143


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What other functions may the LHB beordained by the LGU to exercise aside fromthe above clearing house functions?

The LHB may be made to perform any or allof the following suggested functions:

Policy-making. Prepare local shelter plans(LSPs) which shall form part of, and be

consistent with, their respective correspondinglocal development plans (LDP); and

Act as the policy-making body on local housing

and urban development concerns.


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Technical Assistance. Assist the provincial, city ormunicipal development councils in the formulation oftheir respective Comprehensive Land Use Plans(CLUPs) and Local Shelter Plans (LSPs).

Regulatory. Approve preliminary and final subdivisionschemes and development plans of subdivisions inaccordance with the Subdivision and CondominiumBuyers Protective Decree (PD 957) and BatasPambansa 220 and its implementing rules and

regulations (IRR). Ministerial. Conduct inventory of all lands within their

respective localities, identify sites for socializedhousing; and register UDHA beneficiaries (Secs. 7, 8and 17 of UDHA).


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Monitoring. Monitor the nature and progress of landdevelopment projects it has approved and ensurecompliance by subdivision developers with theBalanced Housing requirement under UDHA (RA 7279).

Advisory/Recommendatory.

Advise the sanggunian on matters of local taxationwhich may affect the local governments socializedhousing program.

Recommend schemes for the acquisition anddisposition of lands within their localities for socialized

housing purposes.Recommend partnership arrangements with thenational government and the private sector onhousing for the underprivileged and homeless.

Advise their LCEs on matters of sourcing of funds for

socialized housing.


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Representation.Delegate at least one (1) LHB

representative to their respective localdevelopment councils.

Reportorial. Submit to the President, Congress,

HUDCC and DILG an annual report on itsimplementation of the provisions of UDHA (RA7279).

Coordination. Coordinate with nationalgovernment agencies (key housing agencies)and instrumentalities performing functions

relating to housing and urban development.


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MANDATES OF HUDCC ANDTHE KEY HOUSING AGENCIES

HOUSING & URBAN DEVELOPMENT COORDINATING COUNCIL

Office of the PresidentCreated by virtue of Executive Order No. 90 (S. 1986)

Policy making and coordinating body for housing

NATIONAL HOUSING

AUTHORITYHousing production arm

HOME DEVELOPMENT MUTUALFUND

Funder/lender for housingprojects intended for their

members

SOCIAL HOUSING FINANCE CORP.Funder/lender for housing/secure

tenure projects for organizedinformal settlers/community

associations

NATIONAL HOME MORTGAGEFINANCE CORP.(Securitization)

Fund mobilizer

HOUSING AND LAND USE

REGULATORY BOARDRegulatory body for housing

industry

HOME GUARANTY CORP.

(Guaranty)Fund mobilizers

NATIONAL HOUSING AUTHORITY

HOUSING AND LAND USE

REGULATORY BOARD

HOME GUARANTY CORPORATION

SOCIAL HOUSING FINANCE CORP.

NATIONAL HOME MORTGAGEFINANCE CORP.


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Provincial, City or Municipal

Planning & Development Coordinator;

Social Welfare & Development Officer;

Urban Poor Affairs Officer

Treasurer;

Assessor;

Chief of Police;

Sanggunian Chair of the Housing Committee orequivalent.

DILG Provincial or City Director, or MLGOO

PGEnRO, CGEnRO or MEnRO;

The LHB may be composed of the Governor or Mayor as Chairman,

and the following as members:


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Representatives from any of the Key Housing Agencies:HUDCC, NHA, HLURB, HDMF, SHFC;

Other government agencies such as the PCUP, CHR,

DENR, etc.;

Representatives from the Peoples Organizations (POs);

Representatives from the Non-GovernmentalOrganizations (NGOs), Developers, Federation of

Homeowners Associations (HOAs) and Community orNeighborhood Associations.


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Representatives from POsoperating in the province,city or municipality concerned may constitute notless than one-fourth (1/4) of the members of thefully-organized Board: Provided, that a PO alreadyrepresented in any local special body mayconcurrently be represented in the LHB.

Representatives from NGOsoperating in the

province, city or municipality concerned mayconstitute not less than one-fourth (1/4) of themembers of the fully-organized Board: Provided,that an NGO already represented in any local special

body may concurrently be represented in the LHB.

The Peoples Organizations (POs) and Non-Governmental

Organizations (NGOs) duly accredited by the LGU shall berepresented in the LHB:


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Thetwo-quarters representation of POsand NGOs in LHBs was inspired bythe substantial representation given torepresentatives of affected sectors in localschool boards (50%)and the localdevelopment councils (at least 25%)by

Secs. 98 and 107 of the LGC. Sec. 107 of the LGC gave the NGOs at

least one-fourth (1/4)representation inLDCs.

What may be the basis for the minimum representation of POs and

NGOs in the LHB?


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The Ordinance creating the LHB mayprovide for additional one-fourth(1/4) representation for PeoplesOrganizations (POs) as well.

The most functional models of LHBs at

present establishes at least fiftypercent (50%) representation fromPOs and NGOs.

What may be the basis for the minimum

representation of POs and NGOs in the LHB?


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What is a Local Housing Office?

A Local Housing Office (LHO) is an

organic unit within the LGU established for thepurpose of implementingthe policies, plansand programs adopted by the LHB.

It shall also serve as the full-time

secretariatof the LHB.


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Who shall head the LHO?

The LHOshall be headed by a General

Manager or a Department Headdulyappointed or designated by the Governor orMayor, as the case may be, and who shallserve on a full-time basis.


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ADMINISTRATIVE

Documentation

Collection

Records Management

TECHNICAL SERVICES

Plan Preparation

Physical Surveys

Land/Title Research

Documentation for permits

Project Management

Conduct of eviction and

demolition

COMMUNITY AFFAIRS

Social Preparation

Census and Tagging

Trainings

Accreditation of Community

Associations

What divisions may comprise the LHO?

The LHO may be composed of the following divisions:

Administrative, Technical Services and Community Affairs.


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What specific functions may the LHO

perform?

The LHO may be made to perform any or all of

the following suggested functions:

Serve as the Secretariat of the LHB;

Act as One-Stop Shop Processing Center forHousing Permits;

Act as the Clearinghousefor eviction anddemolition;


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Facilitate prequalification and selection ofbeneficiariesin the disposition of proclaimedgovernment properties;

Identify lands suitable for housing development; Adopt containment measures to prevent new

illegal entrants and dwelling structures ingovernment lands and danger areas;

Execute the Local Shelter Plan (LSP);


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Ensure the implementation of the provisions ofRA 7279 (UDHA) and related laws andordinances; and

Perform such other functions as may beassigned or delegatedto it by the LHB and theLCE from time to time.


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Traditional housing finance HDMF (for GHLP and EHFP) SHFC (for CMP and LCMP)

NHA (RAPLGU and TA)

HLURB (TA on CLUP) DBP, LBP, GSIS or SSS


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Legislated fund sources Balanced HousingSec. 18 of UDHA Socialized Housing TaxSec. 43 of UDHA

CISFARA 7835

Calamity Funds for Relocation Sites


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The LGU mayappropriate [at leastone percent (1%)]*of its Internal

Revenue Allotment (IRA) for the year forthe operations and activities of the LHBand LHO.

*Recommended only. The LGU may appropriatemore funds as it deems necessary & as its budget

would allow.


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Section 43 of RA 7279 Sec. 43. Socialized Housing Tax Consistent withthe constitutional principle that the ownership andenjoyment of property bear a social function and to

raise funds for the Program, all local governmentunits are hereby authorized to impose an additionalone-half percent ((0.5%) tax on the assessed value ofall lands in urban areas in excess of Fifty thousandpesos (P50,000.00).

DOF Local Finance Circ. 1-97 dated April 10, 1997 Guidelines for the implementation of Sections

7, 20, and 43 of RA 7279 (UDHA) and tosupplement Local Finance Circular No. 3-92 datedSeptember 11, 1992.


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Sec. 18. Balanced Housing Development - TheProgram shall include a system to be specifiedin the Framework plan whereby developersof proposed subdivision projects shall berequired to develop an area for socializedhousing equivalent to at least twentypercent (20%) of the total subdivisionarea or total subdivision project cost, atthe option of the developer, within the same

city or municipality, whenever feasible, and inaccordance with the standards set by theHousing and Land Use Regulatory Board andother existing laws.


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The balanced housing development as hereinrequired may also be complied with by thedevelopers concerned in any of the followingmanner:

Development of new settlement; Slum upgrading or renewal of Areas for Priority

Development (APDs) either through ZonalImprovement Programs (ZIPs) or Slum

Improvement and Resettlement Programs (SIRPs); Joint Venture (JV) projects with either the Local

Government Units or any of the housing agencies;or

Participation in the Community Mortgage Program

(CMP).


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Balanced Housing: AlternativeModes of Compliance

Per HLURB Memorandum Circular No. 1issued on January 2, 2013

Compliance project may be a socializedcondominium project the total area of whichshall be the gross land area and the gross floorarea, and its total condominium project cost

shall be the cost of raw land based on its zonalvalue at the time of application forcondominium development permit and totalbuilding construction cost. (Sec. 4).


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Balanced Housing: Location ofCompliance Project

A compliance project shall be located in the

same city or municipality as the mainsubdivision project, whenever feasible.Otherwise, it may be allowed elsewhere inthe country, preferably within a zone

designated in the CLUP and Zoning Ordinanceas a socialized housing site or in asettlement area where it is allowed. (Sec. 8).


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Recognizes and strengthens thecapacities of LGUsand communities in

mitigating and preparing for,responding to, and recovering fromthe impact of disasters.

Recognizes the local risk patterns

across the country and strengthen thecapacity of LGUs for disaster riskreduction and management throughdecentralized powers, responsibilities and

resources.


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Mainstream disaster risk reduction

and climate change in developmentprocesses such as x x x land-use andurban planning, and publicinfrastructure and resettlement,among others. [Sec. 2(g)].


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The outright avoidance of adverseimpacts of hazards and relateddisasters. It expresses the concept andintention to completely avoid potentialadverse impacts through action taken inadvance such as x x x, land-useregulations that do not permit any

settlement in high-risk zones, x x x.[Sec. 3(k)].


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Structural and non-structural measuresundertaken to limit the adverse impact of naturalhazards, environmental degradation, and

technological hazards and to ensure the ability of at-risk communities to address vulnerabilitiesaimed at minimizing the impact of disasters.Such measures include, but are not limited to, x x xpolicies on land-use and resource

management, as well as the enforcement ofcomprehensive land-use planning, building andsafety standards, and legislation. [Sec. 3(x)].


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The provincial, city and municipal DRRMOsorBDRRMCs shall x x x:

Respond to and manage the adverseeffects of emergencies and carry out

recovery activities in the affected area,ensuring that there is an efficientmechanism for immediate delivery offood, shelter and medical supplies for

women and children, x x x. [Sec.12(c)(16)].


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Not less than five percent (5%)of the

estimated revenue from regular sourcesshall be set aside as the LDRRMF to support

disaster risk management activities such as,but not limited to,pre-disasterpreparedness programs including training,purchasing life-saving rescue equipment,

supplies and medicines, for post-disasteractivities, and for the payment of premiumson calamity insurance. [Sec. 21].


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Quick Response Fund (QRF) or stand-byfund

Of the amount appropriated for LDRRMF,thirty percent (30%) shall be allocated asQuick Response Fund (QRF) or stand-byfund for relief and recovery programs in order

that situation and living conditions of people incommunities or areas stricken by disasters,calamities, epidemics, or complex emergencies,may be normalized as quickly as possible.


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Special trust fund

The unexpended LDRRMF shall accrueto a special trust fund solely for the purposeof supporting disaster risk reduction andmanagement activities of the LDRRMCs withinthe next five (5) years. Any such amount

still not fully utilized after five (5) years shallrevert back to the general fund and will beavailable for other social services to beidentified by the local sanggunian.


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Incorporate a Local Resettlement ActionPlan and Programin the Local Disaster RiskReduction Management Plan (LDRRMP).

Have the LDRRMP approved by the.LDRRMC,the Local Development Committee and theSanggunianRecommend to the Sanggunian and the LCE

the appropriation and allotment of fund forspecific pre-disaster preparedness programs,projects and activitiessuch as housing andresettlement projects and land use

planning.


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Prepare and adopt the CLUPand LSP,identifying the disaster-prone and other

danger areaswhich are not fit for humanhabitation.

Identify households and existing

structures in danger and disaster high-risk areas.

Determine buildable and safe sites for

housing and resettlement.


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ATTY. ALVIN T. CLARIDADESHead, Pabahay Regional Inter-Agency

Composite Team (PRIACT) - Region III

Director, ARG-Post-Proclamation

Housing & Urban Development Coordinating Council

Email: [email protected];Office Telefax No. 811-4170

Mobile No. 0917-5792055
mailto:[email protected]:[email protected]

Local Housing Board as presented by Dir. Alvin T. Claridades of HUDCC

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