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Reinvestment Housing Incentive District (RHID)

RHID is a program designed to aid developers in building housing within communities by assisting in the financing of public infrastructure improvements. RHID captures the incremental increase in real property taxes created by a housing development project for up to 25 years. The revenue can be used for reimbursement for incurred costs or to pay debt service on bonds.

SB 17 Expands the types of projects allowed in Kansas Reinvestment Housing Incentive Districts!



What is a Reinvestment Housing Incentive District (RHID)?

RHID captures the incremental increase in real property taxes created by a housing development project for up to 25 years. The incremental increase can be used to pay debt service on bonds issued to fund the project or transferred to the developer as reimbursement for costs incurred.

In order to take advantage of the incentive, property must be within a designated district. Districts are defined by the City or County and must be based on a Housing Needs Analysis.

As of July 1, 2023, the following changes have been implemented:

  • New name – Reinvestment Housing Incentive District (formerly Rural Housing Incentive District).
  • Cities with more than 60,000 people are eligible to participate (subject to the conditions below).
  • Counties of less than 85,000 in population are eligible to participate.

Cities with populations over 60,000 are limited to less than:

  • 100 units for sale or rent in one year.
  • <50 units for sale or rent as part of a single project.
  • The average size of each residence per project cannot exceed 1,650 square feet, exclusing garage, porch or outbuildings.

New Allowable Costs:

In a major program expansion, K.S.A. 12-5249 was amended to allow for the renovation or construction of residential dwellings, multi-family units or buildings exclusively for residential use on existing lots, if:

  • The infrastructure has been in existence for at least 10 years, or
  • The existing lot(s) has been subject to special assessments.

For a developer to take advantage of the incentive, the property must be within an established RHID. The City or County governing body establishes an RHID and the incentives by:

  1. Completing the Housing Needs Analysis (HNA)
  2. Setting the physical boundaries of the RHID
  3. Pass a resolution to establish the district officially
  4. Apply to the Secretary of Commerce for approval of the district
  5. Create a development plan

Subdivision Infrastructure RHID

The first type of RHID aids cities, counties, and developers in building housing subdivisions within rural communities by assisting in public infrastructure expenses.

The property tax increment can be used to reimburse costs such as for the following items:

  • Land acquisition
  • Site preparation
  • Sanitary / storm sewers
  • Drainage conduits
  • Channels and levees
  • Street grading
  • Paving
  • Street lighting fixtures
  • Connections and facilities
  • Gas, water, heating, and electrical services in public right of ways
  • Sidewalks
  • Water mains and extensions

Upper Story RHID

Since 2021, RHID is expanded to include the renovation of buildings or other structures that are more than 25 years old for residential use and located in a central business district. This allows for vertical construction including improvements made to the second or higher floors of a building or other structure. This does not include improvements for commercial purposes, such as retail or restaurant uses.

The increment can be used to reimburse costs on the following types of items: property acquisition, plumbing, HVAC, walls, flooring, removal of hazardous substances or materials, roof, framing, etc. Costs incurred that benefit the entire building, such as a roof, should be allocated between the non-residential and residential uses.

How to become a RHID & FAQ

Step 1:

Step 1 – City/County must prepare a Housing Needs Analysis (HNA)

The City/County HNA must demonstrate the following:

  • That there is a shortage of quality housing within City/County;
  • That the shortage of housing expected to persist;
  • That the shortage of housing is a substantial deterrent to future economic growth in City/County; and
  • That the future economic well-being of the City/County depends on governing body providing additional incentives for the construction or renovation of quality housing in City/ County

Step 2:

Step 2 – City/County Resolution

Once the HNA is completed the City/County takes action to adopt a Resolution making certain findings regarding establishment of the RHID and providing the legal description of the property to be contained within the District.  After publishing the Resolution, a copy of the Resolution and the HNA are sent to the Secretary of Commerce requesting agreement with the findings in the HNA.  If the Secretary agrees with the findings, the City/County may proceed with the establishment of the District and adopt a plan for the redevelopment or development of the housing project in the District.

Step 3:

Step 3 – City/County Redevelopment Plan

The City/County must adopt redevelopment plan, including:

  • Legal description and map
  • Existing assessed valuation
  • Names and addresses of all owners
  • Description of the housing public facilities project proposed to be constructed or improved and location
  • Names and addresses of developer and property owned in District
  • Contractual assurances of Developer
  • Comprehensive feasibility analysis
Once the Secretary approves the HNA and the District is established via the redevelopment plan, the project may begin.

Legislation

Legislation

Reinvestment Housing Incentive District Act is intended to encourage the development and renovation of housing in Cities and Counties by authorizing Cities and Counties to finance certain public improvements to support housing in areas of the state experiencing a shortage of housing.  The Act focuses on the economic and business benefits of providing additional housing options.

The Act is publicized at K.S.A. 12-5241 et seq and provides a financing tool for Cities and Counties to address housing shortages within their communities.

The ACT allows Cities and Counties to address specific types of housing needs e.g. multi-family or single family, in variety of price ranges. The process involves using the property tax increase created by the new housing project to pay for or reimburse certain infrastructure costs.  This results for a more economic incentive to defray developer costs.

How RHID Works

RHID works by allowing the City/County to capture the incremental gain in property tax created by the particular housing project. 

The incremental increase can be used to pay debt service on bonds issued to fund the project or transferred to the developer as reimbursement for costs incurred.  The property tax “baseline” is determined at the time the District is created.  As the developer adds infrastructure and the housing itself, the incremental gain in property tax over the baseline may be returned to the developer as reimbursement for the infrastructure costs.  If the City/County issued bonds to pay for the infrastructure, then the increment may be used for debt service. The term of such reimbursement can be up to 25 years.  City/County has discretion over what percentage of the increment is paid to the developer.  The increment can be used to reimburse costs for the following items: land acquisitions; site preparation; sanitary/storm sewers; drainage conduits, channels and levees; street grading and paving; street lighting fixtures, connections and facilities; gas, water, heating, and electrical services in public right of way; sidewalks; water mains and extensions and certain costs for upper-level improvements in older downtown buildings.

Additional Resources

FAQ for RHID Upper Story Housing Program
Download
RHID – Guidelines Summary
Download
CONTACT

Robert North, Chief Counsel

785-296-6004

[email protected]

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