§ 102-34. Housing assistance program established; program requirements.

(a)

The county housing assistance program is hereby established. Said program is a blueprint for affordable housing projects which the county council may use to meet its goal of providing affordable housing for eligible persons. The detailed specifications for the use of the county housing assistance trust funds will be adopted in the county housing assistance plan, after review of the statutory requirements and the local needs. The county council will, after giving due deliberations to the recommendations of the local housing partnership, staff and public comments, adopt the county housing assistance plan.

(b)

In implementing the county housing assistance plan the county shall:

(1)

Advertise the availability of a housing assistance program in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods at least 30 days prior to the beginning of any application period.

(2)

Adopt a maximum awards schedule or system of awards that complies with the following criteria:

a.

At least 65 percent of the funds made available in the county shall be reserved for home ownership for eligible persons.

b.

At least 75 percent of the funds shall be reserved for construction, rehabilitation or emergency repair of affordable housing.

c.

The sales price of new or existing eligible housing shall not exceed 90 percent of the median area purchase price in the area where the eligible housing is located as established by the United States Department of Treasury in accordance with section 3(b)2 of the United States Housing Act of 1937.

d.

All units constructed, rehabilitated or otherwise assisted with the funds provided from the county housing assistance program must be occupied by very-low-income persons, low-income persons and moderate-income persons. At least 30 percent of the units must be occupied by very-low-income persons, and at least an additional 30 percent by low-income persons.

e.

Loans shall be provided for periods not exceeding 30 years except for deferred project loans or loans that extend beyond 30 years which continue to serve eligible persons.

f.

Eligible rental housing constructed, rehabilitated or otherwise assisted from the county housing assistance program shall be reserved for eligible persons for 15 years or the term of assistance, whichever period is longer. Eligible sponsors who offer rental housing for sale before 15 years or have remaining mortgages funded under this program must give a first right of refusal to eligible not-for-profit organizations for purchase at the current market value for continued occupancy by eligible persons.

g.

Eligible owner-occupied housing constructed, rehabilitated or otherwise assisted from proceeds provided from the housing assistance program shall be subject to the recapture provision of the mortgage revenue bond program contained in section 143(m) of the Internal Revenue Code of 1986.

h.

The total amount of monthly mortgage payments or the amount of monthly rent charged by the eligible sponsor or his designee must be made affordable.

i.

The cost per unit and the maximum cost per unit for eligible housing benefiting from awards made pursuant to this program shall be established by resolution.

j.

A qualification system for applications for awards shall be established consistent with the county housing assistance plan.

k.

The community services department of the county has administrative authority for the county's housing assistance program and shall annually monitor and determine tenant eligibility and the amount of subsidy pursuant to the provisions of this article and state and federal law. The county and all eligible sponsors shall not discriminate in the provision of affordable housing to very-low-income, low-income or moderate-income individuals on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin or handicap in the loan application process for eligible housing.

(3)

Comply with all rules and regulations of the state housing finance agency in connection with required reporting by the county of compliance with county's housing assistance program.

(4)

Require that, prior to receiving an award, all eligible sponsors or eligible persons shall enter into an agreement with the county, agreeing to comply with the affordable housing criteria provided under F.S. ch. 420, pt. VII (F.S. § 420.907 et seq.) and this article. All eligible sponsors or eligible persons shall either include in any deed transferring ownership of property pursuant to the county housing assistance program to such eligible person or sponsor a covenant agreeing to comply with the terms of such laws, which covenant shall run with the land, or, in the alternative, such agreement shall be made a part of any mortgage agreement with respect to such property. Failure to comply with the covenant or agreement in the mortgage shall result in a default of the mortgage with all remedies and rights of enforcement of the covenant or agreement inuring to the benefit of the county.

(Ord. No. 93-3, § V, 1-7-93; Ord. No. 01-07, § 2, 3-15-01)

State law reference

Local housing assistance programs, F.S. § 420.9075.