§ 2-134. Establishment of the local housing assistance program.

(a)

The county local housing assistance program is hereby established by this division. The program as described by this section is a blueprint of affordable housing projects the board of county commissions will use to construct its final goal, affordable housing for eligible persons. The detailed design specifications for the use of the trust fund monies will be adopted in the county local housing assistance plan, after review of the statutory requirements and the local needs. The county commissions will, after considering the advice of its designated administrator and the comments of the public, adopted the county local housing assistance plan.

(b)

The county local housing assistance program shall use the funds held in trust to:

(1)

Provide the local matching funds in order to obtain housing grants for the implementation and provision of affordable housing in the county as may be determined from time to time by the board of county commissioners within the guidelines of the Sadowski Act and other applicable laws and regulations.

(2)

Provide a locally designed strategy that creates or preserves affordable housing which includes construction or repair of homes for very low, low and moderate income persons in the areas of the county needing affordable housing development. The county shall seek local developers and contractors and other organizations willing to construct affordable housing in the area, offering such incentives as the county adopts in its local housing assistance plan. These incentives may include, but are not limited to, impact fee credits or payments and/or the purchase of the land by the county upon which construction will occur. The county shall also seek lending institutions to work with the county in providing affordable housing in order to facilitate home ownership for very low, low and moderate income persons.

(3)

Supplement Florida Housing Finance Agency and/or other not-for-profit with the monies being used within the county. The county's local housing assistance program will consist of using a portion of the county's SHIP funding to provide rehabilitation activities to eligible senior citizens homes through a not-for-profit agency providing housing rehabilitation; using a percentage as designated in the multi-year housing assistance plan as matching funds for housing rehabilitation programs which are approved in the county; and using a percentage as designated in the multi-year housing assistance plan for home ownership programs (down payment/closing costs assistance) within the county. The use of funds for down payment assistance will serve further the ability of persons of low, very-low and moderate income to obtain homeownership. In addition, workshops to educate potential homeowners on the benefits of the housing assistance programs will be offered.

The county local housing assistance program shall include all other lawful objectives not previously listed if said objectives have been adopted into the county local housing assistance plan.

(c)

In implementing its plan the county shall:

(1)

At least thirty (30) days prior to the beginning of any application, advertise the availability of the housing assistance program in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods.

(2)

The county shall, in its housing assistance plan, adopt a maximum awards schedule or system of awards that comply with the following criteria:

a.

At least sixty-five (65) percent of all the funds made available in the county shall be reserved for home ownership for eligible persons.

b.

Seventy-five (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 ninety (90) percent of the median 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 local housing assistance program must be occupied by very low income persons, low income person and moderate income persons. At least thirty (30) percent must be occupied by very low income persons, and at least an additional thirty (30) percent by low-income persons.

e.

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

f.

Eligible rental housing construction, rehabilitated or otherwise assisted from the housing assistance program is reserved for eligible persons for fifteen (15) years or the term of assistance, whichever period is longer. Eligible sponsors who offer rental housing for sale before fifteen (15) years or that 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 recipients.

g.

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.

h.

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

i.

A qualification system for applications for awards will be established through the local housing assistance plan.

j.

The staff or entity that has administrative authority for this local housing assistance program shall annually monitor and determine tenant eligibility and the amount of subsidy pursuant to the provisions of this division and state and federal law. The county, the local partnership, and eligible sponsors shall not discriminate on 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)

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.

(4)

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. §§ 420.907 through 420.9079, and this division. All eligible sponsors or eligible persons shall either include in any deed transferring ownership of property pursuant to the local housing assistance program to such eligible person or 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, such agreement shall be made a part of any mortgage agreement with respect to such property. Failure to comply with the covenant in the mortgage shall result in a default of the mortgage with all remedies and rights for enforcement of the agreement insuring to the benefit of the county.

(Ord. No. 93-6, § 4, 4-8-93; Ord. No. 93-17, § 1, 8-30-93; Ord. No. 94-3, §§ 1, 2, 9-23-94)