ReportWire

Tag: Project Homekey

  • San Mateo judge dismisses Millbrae housing lawsuit on procedural grounds

    San Mateo judge dismisses Millbrae housing lawsuit on procedural grounds

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    A San Mateo County Superior Court judge dismissed Millbrae’s housing lawsuit against San Mateo County on procedural grounds.

    The lawsuit challenged the county’s plan to convert a La Quinta Inn into homes for low-income residents. The dismissal was not based on the merits of the case but on the fact that it was filed prematurely. The city could choose to re-file the case later on.

    In a decision dated June 17, San Mateo Superior Court Judge Nancy Fineman determined that the lawsuit was “not ripe for adjudication” because the language of the county’s resolution authorizing the property acquisition did not amount to an official legal proposal to convert the property to low-income housing using state funds from Project Homekey.

    Since its start in 2020, the $3.75 billion Homekey program has funded the creation of more than 14,600 units of temporary shelter and long-term housing for homeless people. In the core Bay Area, Homekey has put more than $800 million toward 40 projects totaling about 3,500 planned or completed units. There are an estimated 31,000 homeless people in the five-county region.

    However, a review by the Bay Area News Group revealed that certain facilities had habitability and drug issues, and that hundreds of individuals who stayed at these locations in the region ended up back on the street.

    “Additionally, there is no final determination that the property will be used to house people with low incomes,” the decision read. “The reference to low-income residents in the Resolution is in a ‘whereas’ provision… a ‘whereas’ provision is a clause that has no legal effect.”

    Opponents of the project argue that San Mateo County violated Article 34 of the California Constitution, requiring low-income housing to go through a local vote before it can be approved.

    Meanwhile, San Mateo County asserts the project is exempt from Article 34 as it fits under recent updates to state law tweaking the definition of “low-rent housing.”

    The project has been a polarizing issue in Millbrae.

    Residents successfully put a recall measure on the ballot seeking to recall Vice Mayor Maurice Goodman and Council Member Angelina Cahalan due to their opposition to taking action against San Mateo County’s acquisition of La Quinta. Voters have until July 23 to decide on the recall.

    Last month, California lawmakers abandoned a proposal to repeal the controversial state law requiring voter approval of affordable housing projects after it failed to make the November ballot, the Associated Press reported.

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    Ryan Macasero

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  • Shangri-La Files Chapter 11 on Four Motel-Home Conversions

    Shangri-La Files Chapter 11 on Four Motel-Home Conversions

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    Shangri-La Industries, the troubled developer of motel-to-housing conversions for homeless residents, has declared Chapter 11 bankruptcy on four projects in California.

    The Los Angeles-based firm, accused of fraud by the state in connection to its state-funded conversions, filed for bankruptcy protection on former motel projects in Redlands, Thousand Oaks, Salinas and San Ysidro, the Los Angeles Daily News reported.

    The court filing affects the former Good Nite Inn in Redlands, the former Quality Inn & Suites in Thousand Oaks and the former Sanborn Inn in Salinas, each funded by the state’s Project Homekey program.

    It also affects a former Travelodge in San Ysidro, which was funded under the state Community Care Expansion program, according to Brian Sun, the attorney representing Shangri-La. 

    City officials couldn’t say how it might impact their respective Homekey projects.

    Gov. Gavin Newsom launched Project Homekey in June 2020 to provide shelter for homeless residents during the pandemic. The state has allocated more than $3 billion to cities and counties to buy motels, hotels and vacant apartment buildings for permanent homeless housing.

    Since 2020, the state Department of Housing and Community Development has provided Shangri-La Industries more than $121 million in Homekey funds to convert motels up and down the state into permanent supportive housing for the homeless.

    Then the developer defaulted on loans tied to seven properties, and owed about $41 million in delinquent debt as of Dec. 1, The Real Deal reported. In separate court cases, lenders had sued Shangri-La and asked the court for receiverships, an alternative to bankruptcy. 

    In January, Shangri-La Industries lost control of six out of seven former motels for Project Homekey sites to court-appointed receivers in Salinas, King City, San Bernardino and Redlands.

    After TRD reported on the defaults, the state opened an investigation into Shangri-La and found the firm had violated its operating agreements tied to six of the properties. In January, state Attorney General Rob Bonta filed a lawsuit against the firm, claiming the developer breached state contracts and alleging fraud. 

    A Southern California News Group investigation last year also found that lenders and contractors doing business with Shangri-Li said they weren’t paid for completed work at the former Good Nite Inn in Redlands, now Step Up in Redlands, and the former All Star Lodge in San Bernardino, now Step Up in San Bernardino.

    Dozens of mechanic’s liens totaling millions of dollars have been filed over the past year at recorders’ offices in San Bernardino, Ventura and Monterey counties, the sites of Shangri-La projects for Homekey. The firm’s failure to pay resulted in more than a dozen lawsuits.

    Last month, the Redlands City Council terminated its Homekey agreement with Shangri-La as the state housing regulators accused the developer of misappropriating $114 million in Homekey funds.

    Sun, the attorney for the developer, said the bankruptcy filings are part of the developer’s plan to restructure and finish its commitments on the various Homekey projects.

    In a lawsuit in March, Shangri-La Industries accused its former chief financial officer, Cody Holmes, of embezzling millions of dollars in company money so he and his former girlfriend could live high on the hog, placing the developer’s state-funded projects in jeopardy, including those listed in its Chapter 11 filing.

    Andy Meyers, CEO of the embattled company he co-founded with the late Hollywood producer Steve Bing, has blamed the state for the firm’s delinquencies, saying that lenders triggered defaults because government officials failed to sign regulatory agreements for the various conversion deals.

    — Dana Bartholomew

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    TRD Staff

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  • California fails to track effectiveness of billions spent on homelessness, audit finds

    California fails to track effectiveness of billions spent on homelessness, audit finds

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    California has failed to adequately monitor the outcomes of its vast spending on homelessness programs, according to a state audit released Tuesday, raising questions about whether billions of dollars meant to thwart the crisis has been worth it as the number of people living unsheltered has soared.

    A new report from the California State Auditor’s Office found that a state council created to oversee the implementation of homelessness programs has not consistently tracked spending or the outcomes of those programs.

    That dearth of information means the state lacks pertinent data and that policymakers “are likely to struggle to understand homelessness programs’ ongoing costs and achieved outcomes,” the audit says.

    “The state must do more to assess the cost-effectiveness of its homelessness programs,” California State Auditor Grant Parks said in a letter sent to Gov. Gavin Newsom and state lawmakers Tuesday accompanying the audit.

    California has spent $20 billion over the past five years dedicated to the state’s homelessness crisis, including funneling money toward supporting shelters and subsidizing rent. Still, homelessness grew 6% in 2023 from the year prior, to more than 180,000 people, according to federal “point in time” data. Since 2013, homelessness has grown in California by 53%.

    The California Interagency Council on Homelessness — created in 2016 to oversee the state’s implementation of programs dedicated to the worsening crisis — has not ensured the accuracy of the information in a state data system and has not evaluated homelessness programs’ success, according to the state auditor.

    The audit recommends that the state Legislature require that the council report spending plans and outcomes of state funded homelessness programs annually and to make that information public. It recommends a type of “scorecard” to track the success of programs.

    The council consists of state officials including Health and Human Services Secretary Dr. Mark Ghaly and California Department of Corrections and Rehabilitation Secretary Jeff Macomber.

    In a response to the audit’s findings, Meghan Marshall, executive officer for the council, said it has already “established a consistent method for gathering information on homelessness” but agreed with the state auditor’s recommendations and plans to pursue them “where possible.”

    Out of five programs analyzed, auditors found that two were likely cost effective: Project Homekey — Newsom’s COVID driven project to convert hotels into housing — and the CalWORKs Housing Support Program, which offers financial assistance and other services to low income residents. The others analyzed, including a state rental assistance program, could not be reviewed because “the state has not collected sufficient data on the outcomes of these programs,” according to auditors.

    “Collecting and reporting all state homelessness programs’ financial data allows for more complete and timely information about the state’s overall spending on homelessness. It also makes possible greater coordination of homelessness programs’ funding and may enable cost‑effectiveness comparisons,” the audit stated.

    Based on the data available, the audit also revealed that most people involved in state programs are placed into interim housing such as shelters and do not end up in permanent housing.

    A bipartisan group of lawmakers including state Sen. Dave Cortese (D-San Jose) and Assemblyman Josh Hoover (R-Folsom) requested that the Joint Legislative Audit Committee authorize a state audit of the efficacy of state homeless funding last year as California’s unhoused population — the nation’s largest — has continued to grow despite record state funding invested to combat it.

    “The biggest conclusion that the auditors came back with is there’s just inadequate transparency and data and information available,” Cortese told reporters in Sacramento on Tuesday.

    Cortese said the audit will act as a blueprint for the Legislature to consider stricter reporting on homelessness spending in the future and said it should not deter the state from funding homelessness responses.

    “I think our constituents want us to continue to invest, and I think our constituents are going to want us to continue to audit the effectiveness of our efforts,” he said. “I don’t think it’s a time to stop.”

    State Republicans chastised the Newsom administration for the lack of data and said it’s proof that Democrat-backed strategies are not working as the state grapples with a multibillion-dollar budget deficit.

    “California is facing a concerning paradox: despite an exorbitant amount of dollars spent, the state’s homeless population is not slowing down,” Sen. Roger Niello (R-Roseville) said in a statement. “These audit results are a wake-up call for a shift toward solutions that prioritize self-sufficiency and cost effectiveness.”

    Tuesday’s audit comes just weeks after voters approved Proposition 1, Newsom’s $6.4-billion bond measure that aims to address one aspect of homelessness by building more treatment facilities for people who have problems with drug addiction or mental illness.

    Another part of the audit examined spending by the cities of San José and San Diego, which have both struggled to help unhoused residents. The audit found that neither of those cities have “evaluated the effectiveness” of their programs despite millions in funding to respond to homelessness.

    “San José and San Diego identified hundreds of millions of dollars in spending of federal, state, and local funding in recent years to respond to the homelessness crisis. However, neither city could definitively identify all its revenues and expenditures related to its homelessness efforts because neither has an established mechanism, such as a spending plan, to track and report its spending,” the audit states. “The absence of such a mechanism limits the transparency and accountability of the cities’ uses of funding to address homelessness.”

    Cortese — whose Silicon Valley district has long been home to some of the nation’s largest homelessness encampments, a stark juxtaposition against the backdrop of stunning wealth — said the findings regarding the two major cities could be a harbinger for future data discoveries.

    “If those two cities are experiencing issues or if there’s symptoms of challenges that we need to correct, that probably exists in many, many other cities in the state of California,” he said.

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    Mackenzie Mays

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  • Shangri-La Industries Loses Homekey Sites to Receiverships

    Shangri-La Industries Loses Homekey Sites to Receiverships

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    Shangri-La Industries has lost control of six out of seven of its Project Homekey sites to court-appointed receivers, ending its goal of becoming a major operator of homeless housing sites across California. 

    State courts have appointed receivers on the six former motels, located in Salinas, King City, San Bernardino and Redlands, according to court records. 

    The receivers were appointed after Shangri-La defaulted on loans tied to the seven properties and owed about $41 million in delinquent debt as of Dec. 1, TRD reported. In separate court cases, lenders had sued Shangri-La and asked the court for receiverships, an alternative to bankruptcy. 

    Los Angeles-based Shangri-La had obtained $121 million in state Homekey grants from 2020 through 2022, according to state data, about 3 percent of the total funds handed out by the state program to date.

    After TRD reported on the defaults, the state opened an investigation into Shangri-La and found the firm had violated its operating agreements tied to six of the properties.  California Attorney General Rob Bonta filed a lawsuit against the firm last month, claiming the developer breached state contracts and alleging fraud. 

    Receivers have the power to lease up properties, investigate financials, collect rents and put the properties up for sale. 

    However, the receivers cannot remove the low-income restrictions on the projects, and the lenders could keep the affordable covenants in place, adhering to the state contracts. 

    Any sale of the properties has to be reported to the California Attorney General, according to court documents. 

    Edwin Leslie-Kubat at LK Asset Advisors has been named as a receiver on five properties — 1030 Fairview Avenue, 545 Work Street and 180 South Sanborn Road in Salinas, 1130 Broadway Street in King City and 450 North G Street in San Bernardino. 

    At 1675 Industrial Park, Mitch Vanneman at Hilco Global is the court-appointed receiver. 

    Shangri-La still manages and owns a site in Thousand Oaks contracted under Project Homekey, though the firm faces at least three lawsuits from contractors over that property, claiming unpaid mechanic’s liens. 

    Andy Meyers, the CEO of Shangri-La, which was founded by the late Hollywood producer Steve Bing, has previously laid blame on the state for the defaults, arguing that because officials failed to sign regulatory agreements for the deals, lenders triggered defaults.

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    Isabella Farr

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