§ 1-8-63. Local housing assistance program.

(a)

Intent and purpose. The intent and purpose of the LHA program is:

(1)

To increase the availability of affordable residential units by combining local resources and cost-saving measures into a local housing partnership and using private and public funds to reduce the cost of housing;

(2)

To make affordable residential units available to persons of very low income, low income, or moderate income and to persons who have special housing needs, including but not limited to, homeless people and migrant farmworkers.

(3)

To promote more compact urban development and assist in achieving the growth management goals contained in the adopted local comprehensive plan, by allowing more efficient use of land so as to provide housing units that are affordable to persons who have special housing needs, very low income, low income, or moderate income;

(4)

To promote innovative design of eligible housing that provide cost savings; flexible design options for housing and development such as the combination of architectural styles, building forms, and development requirements; and positive design features such as orientation towards the street and pedestrian access, without compromising the quality of the eligible housing;

(5)

To promote mixed-income housing in urban, suburban, and rural areas so as to provide increased housing and economic opportunities for persons who have special housing needs, very low income, low income, or moderate income; and

(6)

To build the organizational and technical capacity of community-based organizations so as to optimize the role of community-based organizations in the production of affordable housing.

(b)

Establishment of the Local Housing Assistance Program.

(1)

The local housing assistance program ("LHA program") is hereby created and established.

(2)

The LHP shall use the funds received from the state pursuant to the State Housing Initiative Partnership Act to implement the LHA program. The funds shall be distributed as prescribed in Charlotte County Housing Assistance Plan State Housing Initiatives Partnership Program attached hereto as Amended Exhibit "A."

(3)

The staff or entity that has administrative authority for a local housing assistance program assisting rental developments shall annually monitor and determine tenant eligibility.

(4)

The LHA program is governed by the following criteria and administrative procedures to be implemented by the implementing agency as set forth in section 1-8-63(c) of this article.

a.

Advertise the availability of a housing assistance program in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least thirty (30) days before the beginning of the application period.

b.

Adopt a maximum award schedule or system of awards that is commensurate with the intent of the LHA program and:

1.

At least sixty-five (65) percent of the funds must be reserved for homeownership for eligible persons.

2.

At least seventy-five (75) percent of the funds must be reserved for construction, rehabilitation, or emergency repair of affordable housing.

3.

The sales price of new or existing eligible housing shall not exceed ninety (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.

4.

All units constructed, rehabilitated, or otherwise assisted with program funds shall be occupied by very low-income, low-income, moderate-income persons and persons who have special housing needs. At least thirty (30) percent of units must be occupied by very low-income persons and at least another thirty (30) percent by low-income persons. The remainder shall be occupied by persons who have special housing needs, very low-income, low-income, or moderate-income persons.

5.

The amount of monthly mortgage payments or the amount of monthly rents charged by the eligible sponsor or its designee must be affordable to eligible persons.

6.

Loans shall be provided for periods not exceeding thirty (30) years except for deferred payment loans.

7.

Eligible rental housing constructed, rehabilitated, or provided from the LHA program monies shall be reserved for eligible persons for fifteen (15) years or the term of the assistance, whichever is longer. Eligible sponsors that offer eligible rental housing for sale before fifteen (15) years or that have remaining mortgages funded under the LHA program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons.

8.

Eligible owner-occupied housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the LHA program shall be subject to recapture provisions of the mortgage revenue bond program contained in which are identical to those specified in Section 143(m) of the Internal Revenue Code of 1986.

9.

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.

10.

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

11.

A qualification system for applicants for awards consistent with the intent of the LHA program and F.S. sections 420.907 through 420.9079, shall be developed by the LHP.

12.

The LHP shall report to the county administrator or his or her designee who shall have responsibility for the LHA program, shall annually monitor and determine tenant eligibility and amount of subsidy pursuant to the provisions of this article, F.S. sections 420.907 through 420.9079, and Rule 9I-37.015, Florida Administrative Code.

(4)

The county hereby specifically finds the cost of administering the LHA program shall be consistent with the limitations set forth in section 1-8-62(d) and (e) of this article.

(5)

The LHA program shall include all other lawful objectives not previously listed if said objectives have been adopted into the LHA plan in the manner provided for by F.S. sections 420.907 through 420.9079, and Rule 9I-37, Florida Administrative Code.

(6)

The county shall submit to the department and to the agency by November 15 of each year a report of its affordable housing programs and accomplishments. The report must include, but is not limited to:

a.

The number of people served by income, age, family size, and race and data regarding any special needs populations such as farmworkers, rural residents, and the elderly.

b.

The number of units and the average cost of producing units under each program.

c.

The average sales price of a single-family unit and the amount of rent charged for a rental unit based on unit size.

d.

The number of mortgages made and the rate of default.

e.

A description of the implementation of the affordable housing incentive plan and the resulting reduction in housing costs.

f.

A concise description of the support services that are available to the residents of affordable housing provided by local programs.

g.

Such other data or affordable housing accomplishments considered significant by the reporting county or eligible municipality.

(7)

The report shall be made available by the county for public inspection. Members of the public may submit written comments on the report to the department.

(c)

Designation of responsibility for implementation and administration of the LHA program.

(1)

The LHP shall be responsible for implementation and administration of the LHA program.

(2)

The county shall designate the county administrator or his/her designee, a full-time county employee, whose responsibility shall be:

a.

To work with the LHP to monitor the success of the LHA program, and provide advice and suggestions as to whether and in what ways the LHA program might be improved from year to year.

b.

To coordinate with the Florida Housing Finance Agency in facilitating the funding of State Apartment Incentive Loan ("SAIL") Program loans and in setting up advertisements and workshops to advise potential homebuyers of the Homeownership Assistance Program ("HAP") and inform nonprofit developers and community-based organizations of the Housing Predevelopment Trust Fund ("HPTF") program.

c.

To work with the LHP to coordinate local programs such as community loan funds, inclusionary housing programs, and linkage programs, with state programs such as, the Housing Predevelopment Trust Fund, Single Family Mortgage Revenue Bond ("MRB") Program, and SAIL Program, and with federal programs such as the Community Development Block Grant ("CDBG") Program, Home Investment Partnership Program ("HOME"), Low Income Rental Housing Tax Credit ("LIHTC") Program, and Section 8 Rental Assistance so as to maximize the production of eligible housing through the LHA program.

(3)

The county, the LHP, and all eligible sponsors shall not discriminate in the loan application process of eligible persons for eligible housing on the basis of race, creed, religion, color, age, sex, sexual preference, marital status, family status, national origin, or handicap.

(Ord. No. 93-07, § 3, 4-6-73, Ord. No. 93-26, §§ 3—5, 6-8-93)