{"id":36081,"date":"2017-04-28T08:00:49","date_gmt":"2017-04-28T11:00:49","guid":{"rendered":"http:\/\/www.rioonwatch.org\/?p=36081"},"modified":"2017-06-07T13:30:48","modified_gmt":"2017-06-07T16:30:48","slug":"an-informal-settlement-in-puerto-rico-has-become-the-worlds-first-favela-community-land-trust","status":"publish","type":"post","link":"https:\/\/rioonwatch.org\/?p=36081","title":{"rendered":"An Informal Settlement in Puerto Rico Has Become the World’s First Favela Community Land Trust"},"content":{"rendered":"

Clique aqui para Portugu\u00eas<\/em><\/strong><\/a><\/p>\n

In San Juan, Puerto Rico, government, residents, and technical professionals created a Community Land Trust (CLT)<\/a>,\u00a0known locally as\u00a0Fideicomiso de la Tierra,\u00a0<\/em>to preserve and develop informal communities along the Mart\u00edn Pe\u00f1a Canal. A specially created public corporation, ENLACE, regularized land holdings in the communities, developed fair relocation procedures that compensate residents in at-risk areas, and protected this centrally-located community from gentrification through the establishment of a community-managed CLT.<\/h4>\n

The eight Mart\u00edn Pe\u00f1a\u00a0communities\u2019 struggles<\/a>\u00a0are reminiscent of the experience in\u00a0many Rio favelas and similar communities around the world<\/a>. In the 1930s, a devastating hurricane season forced rural workers into unemployment and migration to San Juan surged. Faced with a housing shortage, migrants eventually built 5,000 informal homes along the\u00a0Mart\u00edn Pe\u00f1a Canal, which was a major economic and transportation artery through the city. Today, the communities\u2019 population nears 30,000 and it is the most densely populated area in Puerto Rico.<\/p>\n

The communities were historically underserved by the government. Informal electricity connections created fire risks and the communities\u2019 narrow alleys prevented emergency vehicle access. Government failure to install proper sewage systems or clean the canal left the area extremely prone to flooding.<\/p>\n

The canal became so polluted that it stopped flowing<\/a>. Sections of the canal that used to be 60-120 meters wide are now maybe one meter wide, and filling has reduced depth from 2.5 meters to a less than 10 cm. In a 2015 report<\/a>, the US Environmental Protection Agency (EPA) estimated that over 3,000 buildings still discharged raw sewage into the canal.<\/p>\n

\"An<\/a>
An aerial view of the Mart\u00edn Pe\u00f1a Canal in the 1930s, showing the extent of mangrove swamps that once lined the canal.<\/figcaption><\/figure>\n
\"An<\/a>
An aerial view of the Mart\u00edn Pe\u00f1a Canal in the 2000s, showing that almost all mangrove swamps have been filled, and the canal is significantly narrower.<\/figcaption><\/figure>\n

Community Calls for Action and Government Responds<\/h3>\n

Calls to dredge the canal<\/a> prompted government action. In 2001, San Juan and the US Army Corps of Engineers<\/a> committed to a far-reaching project to dredge the canal and restore water flow. Because the lack of a formal sewage system was a major source of pollution, the government also committed to revitalizing the canal communities.<\/p>\n

Before work began, two employees from the Transportation Authority\u00a0visited the communities to talk with residents about the project. Under their leadership, the government ultimately held 700 participatory meetings<\/a> in the communities from 2002-04. In the meetings, experts responded to community concerns and presented on legal tools to preserve affordable housing and formalize landholdings.<\/p>\n

Residents were united in wanting to ensure that dredging the canal and the revitalization that would accompany it would not serve to displace them<\/a>. Their top priority, like many in Rio favelas, was to maintain their community. Residents decided a Community Land Trust model\u00a0was the best way to achieve their goal<\/a> because there would be a collective, rather than individual, land title. Meeting participants also developed a\u00a0plan for the District\u00a0comprised of the eight communities. This\u00a0Comprehensive Development Plan\u00a0would guide the project going forward.<\/p>\n

\"Ca\u00f1o<\/a>
Ca\u00f1o Mart\u00edn Pe\u00f1a at Israel and Bitumul communities where sewage flows into the channel.<\/figcaption><\/figure>\n

In 2004, residents created the Group of Eight Communities (G-8)<\/a>, a non-profit corporation, to promote their economic, social, and community development throughout the establishment\u00a0and maintenance of a\u00a0CLT. The G-8\u2019s board is comprised\u00a0of representatives from 12 community organizations who are chosen annually in community assemblies. Today, the G-8<\/a> facilitates communication between ENLACE and the CLT, and ensures compliance with the Comprehensive Development Plan.<\/p>\n

In September 2004, San Juan passed Law 489\/2004<\/a>. The law, informed by the Comprehensive Development Plan, created the Mart\u00edn Pe\u00f1a Canal Special Planning District and public\u00a0corporation\u00a0ENLACE, and provided for the future incorporation of the CLT.<\/p>\n

The District refers to an area including seven communities along the canal that would make up the CLT.<\/p>\n

ENLACE is an arms-length, limited-lifespan, independent government agency that oversees and coordinates project implementation and is\u00a0mandated<\/a> to be \u201cresponsible for coordinating the implementation of all aspects of the Project: including…housing development, infrastructure, the dredging and canalization of the Canal, as well as urban and socio-economic development\u201d and \u201cto guarantee mechanisms for citizen participation in the planning and execution of the ENLACE Project and promote community empowerment.\u201d<\/p>\n

The Governor of Puerto Rico and Mayor of San Juan appoint ENLACE\u2019s board of directors, which is made up of representatives from the public and private sectors and of community residents. The mayor and governor select community resident board members, which must make up at least 45% of the board, from a list of candidates prepared by the G-8.<\/p>\n

\"\"<\/a>
Sign posted outside the acquired house lets residents know not to build in this area and marks the future width of the channel.<\/figcaption><\/figure>\n

The CLT is Formalized<\/h3>\n

Prior to Law 489, most housing in the District was informal\u2014residents had built houses without official permission on government land. To create a CLT, land holdings had to be regularized and title transferred from the government to the CLT. Under the new Law 489, title to any land in the District owned by Puerto Rico or San Juan now automatically transferred to ENLACE.<\/p>\n

Prior to\u00a0transferring title to the CLT, ENLACE worked to regularize property rights. Residents were granted surface right deeds with a right to inherit and maintain ownership of their home, while ENLACE retained title to the land beneath. This separation insulates residents from rising real estate values\u2014they are able to capitalize on\u00a0the rising values\u00a0of the home itself, but not of the land underneath.<\/p>\n

Per Law 489, ENLACE would transfer land title to the Community Land Trust that would be created, only\u00a0after regulations governing the CLT\u2019s operations were established. From 2006-2008, the G-8 and ENLACE organized three rounds of community workshops to develop the CLT\u2019s General Regulations. An Advisory Board and lawyers supported the process so that residents\u2019 needs and requests\u00a0would be formalized legally.<\/p>\n

The General Regulations<\/a> were promulgated on Oct. 21, 2008. \u00a0They stress the CLT\u2019s role as a \u201cmechanism of collective possession in order to solve the problem of the lack of ownership titles\u201d and to \u201cavoid involuntary displacement\u201d of canal residents. This reflects the purpose of the CLT set out in Law 489: \u201cto contribute toward the solution of the ownership rights problem of many district residents through collective land-holding.\u201d With Regulations complete, ENLACE transferred the land to the CLT by formal deed on May 14, 2009.<\/p>\n

How the CLT Operates<\/h3>\n

The CLT has been operating successfully under the Regulations for eight years, and in partnership with ENLACE has made significant progress towards being self-funding and relocating residents humanely and as necessary to dredge the canal. In 2015, it won a Building and Social Housing Foundation\u00a0World Habitat Award<\/a> recognizing it as a model for other informal communities.<\/p>\n

The CLT is run by an 11-member board of trustees which has a duty to administer the CLT for the community\u2019s benefit. The G-8 selects a total of six board members: four who are residents and leaders of community organizations and two who need not be residents or leaders of community organizations. The board of directors of ENLACE chooses one of its own members, who is neither part of the G-8 nor the government, to serve on the board. The CLT\u2019s board itself chooses another two members. The Mayor of San Juan and Governor of Puerto Rico each appoint a government representative to the board. Additionally, the president of the G-8 serves as a non-voting member of the board.<\/p>\n

According to the Regulations, the CLT must work to resolve land title problems in the District, avoid involuntary displacement of residents, acquire and maintain properties for the community\u2019s benefit, and facilitate resident involvement.\u00a0When working toward these objectives, the CLT must follow guiding principles, which include promoting resident participation in decision-making; encouraging equality, safety, and access to basic services; and improving public spaces and transportation.<\/p>\n

Among the CLT\u2019s most important duties is developing\u00a0housing and keeping it affordable. To make sure the CLT achieves this goal, the Regulations provide that the CLT cannot resell land and can only sell or rent housing for the members\u2019 benefit. When a resident decides to sell, the CLT has an option to buy back the home, so that it then resells the home at an affordable price. When residents mortgage their homes, the CLT appears on the mortgage and has the option to buy back the home if the resident defaults on loan payments. To support residents with loans, the CLT also provides financial education\u00a0to families.<\/p>\n

The CLT aims to be fully self-funding once relocations are complete and ENLACE\u2019s lifetime has expired. The CLT makes money from selling homes, renting property, investing in the community, and receiving donations. Regulations require that the CLT reinvest profits into the communities through a revolving fund for infrastructure projects, buying property, and other priorities set in place by the Comprehensive Development Plan.<\/p>\n

When a resident sells their home, the proceeds go in part to the resident and in part to the CLT. This sharing scheme considers that the increase in home value came from two sources: the resident\u2019s investment in the structure, and the CLT investments in the surrounding community.<\/p>\n

Currently, the CLT receives significant subsidies from both the public and private sector. The CLT also relies on a significant amount of volunteer work to meet its budget. While these two factors could leave potential for long-term financial instability, the CLT has been stable to date.<\/p>\n

One of ENLACE and the CLT\u2019s most difficult tasks is relocating residents whose homes were so close to the canal that they must be removed for the EPA to dredge the canal. In total, 1090 households must be moved; so far, ENLACE has successfully relocated 110.<\/p>\n

\"\"<\/a>
A house purchased by ENLACE that will be demolished to allow for canal restoration.<\/figcaption><\/figure>\n

The relocation process begins\u00a0with a visit from a Relocation Committee made up of other residents who have also been through the relocation process. The Committee visits the household and conducts an assessment to find out what support the family needs during the relocation process. ENLACE has\u00a0a third party assess the value of the home, provide\u00a0residents with an offer, and assist them in finding a home for sale within or outside the District. ENLACE supports the family throughout the entire process, including\u00a0paying moving expenses.<\/p>\n

The Mart\u00edn Pe\u00f1a Canal CLT, Fideicomiso de la Tierra<\/em>, as it is known to residents, is successfully working towards permanent preservation and affordability in the Mart\u00edn Pe\u00f1a Canal communities and can serve as a helpful model for other informal communities around the world, as they struggle with the conflict between development and gentrification, in years to come.<\/p>\n","protected":false},"excerpt":{"rendered":"

Clique aqui para Portugu\u00eas In San Juan, Puerto Rico, government, residents, and technical professionals created a Community Land Trust (CLT),\u00a0known locally as\u00a0Fideicomiso de la Tierra,\u00a0to preserve and develop informal communities along the Mart\u00edn Pe\u00f1a Canal. […]<\/a><\/p>\n<\/div>","protected":false},"author":128,"featured_media":36092,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[1288,335,329,1329],"tags":[411,435,65,282,26,878,1033,434,936,2407,373,1403,1353,370],"writer":[2157],"translator":[],"illustrator":[],"photographer":[],"class_list":{"0":"post-36081","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-highlight","8":"category-policies","9":"category-solutions","10":"category-by-international-observers","11":"tag-canal","12":"tag-community-land-trust","13":"tag-gentrification","14":"tag-housing","15":"tag-housing-rights","16":"tag-international-comparison","17":"tag-land-rights","18":"tag-land-tenure","19":"tag-land-titling","20":"tag-puerto-rico","21":"tag-sewerage","22":"tag-solution","23":"tag-usa","24":"tag-water","25":"writer-laura-bachmann"},"_links":{"self":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/36081","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/users\/128"}],"replies":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36081"}],"version-history":[{"count":0,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/posts\/36081\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=\/wp\/v2\/media\/36092"}],"wp:attachment":[{"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36081"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36081"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36081"},{"taxonomy":"writer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fwriter&post=36081"},{"taxonomy":"translator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftranslator&post=36081"},{"taxonomy":"illustrator","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fillustrator&post=36081"},{"taxonomy":"photographer","embeddable":true,"href":"https:\/\/rioonwatch.org\/index.php?rest_route=%2Fwp%2Fv2%2Fphotographer&post=36081"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}