§ 102-31. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adjusted for family size means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in the Florida Statutes, based upon a formula established by the United States Department of Housing and Urban Development.

Adjusted gross income means wages, income from assets, regular cash or non-cash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, minus the deductions allowable under section 61 of the Internal Revenue Code of 1986, as amended.

Administrative expenses means those expenses directly related to implementation of the local housing assistance plan and local housing assistance program.

Affordable means that monthly rents, or monthly mortgage payments, including taxes and insurance, do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households qualifying under the definitions of very-low-income, low-income or moderate-income persons.

Award means a loan, grant or subsidy funded wholly or partially by the local housing distribution.

Community-based organization and not-for-profit organization mean a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special needs or have very low income, low income or moderate income within a designated area, which may include a municipality, a county, or more than one municipality or county, and maintains, through a minimum of one-third representation on the organization's governing board and otherwise, ac- countability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR 92.2 and a community development corporation created pursuant to F.S. ch. 290 are examples of community-based organizations.

County housing assistance plan means a concise description of the county housing assistance program adopted by this article with an explanation of the way in which the program meets the requirements of this article and F.S. ch. 420, pt. VII (F.S. § 420.907 et seq.).

County housing assistance program means the housing construction, rehabilitation, repair and finance program implemented by the county with the local housing distribution or other funds deposited into the county housing assistance trust fund.

Eligible housing means any real and personal property located within the county which is designed and intended for the primary purpose of providing decent, safe and sanitary residential units that are designed to meet the standards of F.S. ch. 553, for home ownership or rental for eligible persons as designated by the county or eligible municipality participating in the county housing assistance program.

Eligible person means one or more natural persons or a family determined by the county to be of very low income, low income or moderate income, according to the adjusted gross income of the resident with adjustment made for family size.

Eligible sponsor means a person or a private or public for-profit or not-for-profit entity that applies for an award under the county housing assistance program for the purpose of providing eligible housing for eligible persons.

Encumbered means moneys committed by contract or purchase order in a manner that obligates the county, eligible municipality or interlocal entity to expend the encumbered amount upon delivery of goods, the rendering of services or the conveyance of real property by a vendor, supplier, contractor or owner.

Grant means a distribution of a portion of funds from the county housing assistance trust fund to an eligible sponsor or eligible person to partially assist in the construction or rehabilitation of eligible housing or to provide the cost of tenant or ownership qualifications.

Local housing partnership means the implementation of the county housing assistance program in a manner that involves the county, lending institutions, housing developers, community-based housing and service organizations, and providers of professional services relating to affordable housing. The term includes initiatives to provide support services for housing program beneficiaries such as training to prepare persons for the responsibility of home ownership, counseling of tenants, and the establishing of support services such as day care, health care and transportation.

Loan means a pledge of the local housing distribution monies to an eligible sponsor or eligible person to partially finance the construction or rehabilitation of eligible housing.

Low-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed 80 percent of the median annual adjusted gross income for households within the state or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever amount is greater. With respect to rental units, the low-income person's annual adjusted gross income at the time of initial occupancy may not exceed 80 percent of the state's median income adjusted for family size. While occupying the rental unit, a low-income person's annual adjusted gross income may increase to an amount not to exceed a 140 percent of 80 percent of the state's or the Daytona Beach Metropolitan Statistical Area's median income adjusted for family size.

Moderate-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that is less than 120 percent of the median annual adjusted gross income for households within the state or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. With respect to rental units, the moderate-income person's annual adjusted gross income at the time of initial occupancy may not exceed 120 percent of the state's median and adjusted gross income adjusted for family size. While occupying the rental unit, a moderate-income person's adjusted gross annual income may increase to an amount not to exceed 140 percent of 120 percent of the state's or the Daytona Beach Metropolitan Statistical Area's median income adjusted for family size.

Personal property means major appliances, including a freestanding refrigerator or stove, to be identified on the encumbering documents.

Persons who have special housing needs means persons who have incomes not exceeding moderate income and, because of particular social, economic or health-related circumstances, may have greater difficulty acquiring or maintaining affordable housing. Such persons may have, for example, encountered resistance to their residing in particular communities, and may have suffered increased housing costs resulting from their unique needs and high risk of institutionalization. Such persons may include but are not limited to persons with developmental disabilities, persons with mental illnesses or chemical dependency, persons with Acquired Immune Deficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) disease, single-parent families, runaway and abandoned youth, public assistance recipients, migrant and seasonal farmworkers, refugees and entrants, the elderly, and disabled adults.

Predevelopment construction soft costs means reasonable and necessary costs incurred by the eligible sponsor associated with the financing or development of new construction, rehabilitation or acquisition. These costs include architectural and engineering fees, appraisals, financing fees, project audit costs, affirmative marketing and fair housing information services, and engineering studies, as long as they are a part of the project.

Real property means land, buildings, fixtures and all other improvements to the land.

Student means any person not living with that person's parent or guardian who is eligible to be claimed by the person's parent or guardian as a dependent under the Federal Income Tax Code and who is enrolled at least half-time in a secondary school, vocational-technical center, community college, college or university. The term does not include a person participating in a job training program approved by the county.

Very-low-income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross household income that does not exceed 50 percent of the median annual adjusted gross income for households within the state or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area or, if not within a metropolitan statistical area, within the county, whichever is greater. With respect to rental units, the very-low-income person's annual adjusted gross income at the time of initial occupancy may not exceed 50 percent of the state's median income adjusted for family size. While occupying the rental unit, a very-low-income person's annual adjusted gross income may increase to an amount not to exceed 140 percent of 50 percent of the state's or the Daytona Beach Metropolitan Statistical Area's median income adjusted for family size.

(Ord. No. 93-3, § II, 1-7-93; Ord. No. 95-19, § I, 5-18-95)

State law reference

Similar provisions, F.S. § 420.9071.

Cross reference

Definitions and rules of construction generally, § 1-2.