§ 26-89-090. Rental Unit Occupancy and Long-Term Restrictions

Each affordable rental unit constructed in compliance with this Article shall comply with all of the requirements of this Section.

A.

Rental unit - occupancy requirements.

1.

Eligibility requirements.

a.

No household shall be allowed to occupy an affordable rental unit constructed in compliance with this Article unless the annual household income, adjusted for household size, is equal to or less than:

(1)

30 percent of median income for the County, for units restricted to extremely low-income households;

(2)

50 percent of median income for the County, for units restricted to very low-income households; and

(3)

80 percent of median income for the County, for units restricted to low-income households.

2.

Tenant certification and selection. Affordable rental units shall be rented only to households meeting the eligibility requirements of Subparagraph A. 1., above, and in compliance with all of the following procedures.

a.

Renters eligible to rent the affordable units shall be selected by the developer or owner in compliance with a tenant selection and marketing program approved, in advance, by the Executive Director of the CDC.

b.

At least once annually and no more often than semi-annually, owners of affordable rental units shall provide to the CDC compliance reports on forms provided or approved by CDC, certifying that all tenants occupying the designated rental units are eligible under the terms of this Section and the Affordable Housing Agreement applicable to the development.

3.

Preferences. Preference in the rental of affordable housing units shall be given first to persons currently employed in the County, and then to current County residents, to the extent allowed by law.

B.

Affordable rental unit restrictions. Each affordable rental unit shall be offered at a rent level that is considered affordable to extremely low-, very low- or low-income households, as established annually by the Executive Director of the CDC based upon income limits that the U.S. Department of Housing and Urban Development (HUD) issues annually for the County. A utility allowance will be deducted from the maximum affordable rent so that monthly housing costs (rent plus tenant-paid utilities) are equal to or less than:

1.

For units restricted to low-income households, 30 percent of 60 percent of median area income, as established annually by HUD, adjusted for assumed household size;

2.

For units restricted to very low-income households, 30 percent of 50 percent of median area income, as established annually by HUD, adjusted for assumed household size; and

3.

For units restricted to extremely low-income households, 30 percent of 30 percent of median area income, as established annually by HUD, adjusted for assumed household size.

D.

Term of rental restrictions - minimum term for continued affordability. Each required affordable rental unit shall be reserved for eligible extremely low-, very low- or low-income households, and as applicable to senior, disabled, and large family households, at the applicable affordable rent for a minimum of 55 years (30 years for a Government Code 65915 project without financing assistance), or for a longer time if required by the project approvals, construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, or as otherwise allowed by law. The affordability term shall commence on the date of issuance of the Certificate of Occupancy for the affordable unit.

E.

Rental unit monitoring. The CDC shall monitor the rental of affordable units for compliance with the Affordable Housing Agreement and the provisions of this Article. On an annual basis, the owner shall pay to the CDC a fee for monitoring each unit subject to the Affordable Housing Agreement, which fee shall be established by resolution of the Board of Directors of CDC from time to time.

(Ord. No. 6085, § IV(Exh. C), 10-7-2014)