§ 70-36. Designation of responsibility for administration and implementation of the local housing assistance program.

(a)

The county shall be responsible for implementation and administration of the local housing assistance program. (Note: If provided for in this article all or part of the administrative or other functions of the local housing assistance program may be contracted to a third person or entity.)

(b)

The county shall designate responsibility of administration of the housing partnership to the Central Florida Community Action Agency, Inc., a nonprofit corporation, serving low-income citizens in the county to monitor the success of the local housing assistance program, and provide advice and suggestions as to whether and in what ways the local housing assistance program might be improved from year to year.

(c)

The total amount paid for any administrative expenses in connection with the local housing assistance program will not exceed ten percent of the proceeds of the local housing distribution.

(d)

The county shall not treat as administrative expenses any costs previously borne by another funding source which could continue to be available at the time the local housing assistance plan is submitted.

(e)

In implementing the local housing assistance program the local housing partnership 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 before the beginning of any application period.

(2)

Adopt a maximum award schedule or system of awards to comply with the following criteria:

a.

Sixty-five percent of the funds shall be reserved for home ownership for eligible persons.

b.

Seventy-five percent of the funds shall be reserved for construction, rehabilitation, or emergency repair of eligible 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 program funds shall be occupied by very low-income, low-income, or moderate-income persons and persons who have special housing needs. At least 30 percent of units must be occupied by very low-income persons and at least another 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.

e.

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.

f.

Loans shall be provided for periods not exceeding 30 years except for deferred payment loans or loans that extend beyond three years which continue to provide eligible housing for eligible persons.

g.

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

h.

Eligible rental housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the local housing assistance program shall be reserved for eligible persons for the greater of 15 years or the term of the assistance. Eligible sponsors who offer eligible rental housing for sale before 15 years or that have remaining mortgages funded under the local housing assistance program must give a first right of refusal to eligible nonprofit organizations for purchase for continued occupancy by eligible persons.

i.

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

j.

A qualification system for applicants for awards consistent with the intent of the local housing assistance program and F.S. §§ 420.907—420.9079 shall be established by the local housing partnership.

k.

The local housing partnership shall annually monitor and determine tenant eligibility and amount of subsidy pursuant to the provisions of this article, F.S. §§ 420.907—420.9079 and F.A.C. 91-37.015.

(3)

The county, the local housing partnership, 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, familial status, national origin, or handicap. (Note: Sexual preference is not included in the statute.)

(4)

The county shall comply with all rules and regulations of the Florida Housing Finance Agency in connection with required reporting by the county of compliance with its local housing assistance program.

(5)

Prior to receiving an award, all eligible persons or eligible sponsors shall enter into an agreement to comply with the affordable housing criteria provided under F.S. §§ 420.907—420.9079 and this article. All eligible persons or eligible sponsors shall include in the deed transferring ownership of the property to the eligible person or eligible sponsor a covenant agreeing to comply with the terms of the above described laws which covenant will run with the land or in the alternative, the agreement shall be made a part of the mortgage agreement. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement inuring to the benefit of the county.

(6)

Eligible sponsors receiving assistance from both the state housing initiative partnership (SHIP) program and the low income housing tax credit (LIHTC) program shall be required to comply with the income, affordability, and other LIHTC requirements. Similarly, any eligible housing receiving assistance from SHIP and other federal programs shall be required to comply with any requirements specified by the federal program in addition to SHIP requirements.

(Ord. No. 93-3, § VI, 4-29-1993)

State law reference

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