§ 13.056. Designation of responsibility for administration and implementation of the local housing assistance program.

(a)

Partnership responsible for program. The local housing partnership shall be responsible for implementation and administration of the local housing assistance program. 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)

Responsibility of county planning department. The county planning department shall have the following responsibility, all or part of which may be contracted to a third person or entity:

(1)

To work with the local housing partnership 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.

(2)

To coordinate with the Florida Housing Finance Agency.

(3)

To work with the local housing partnership to coordinate local programs such as community loan funds, inclusionary housing programs, with state programs such as, the housing predevelopment trust fund, homeownership assistance program (HAP), single-family mortgage revenue bond (MRB) program, and state apartment incentive loan (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 local housing assistance program.

(c)

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

(d)

Costs not treated as administrative expenses. 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)

Responsibilities of Partnership. 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.

65 percent of the funds shall be reserved for homeownership for eligible persons.

b.

75 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 of units must be occupied by very low-income persons and at least another 30 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 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 30 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.

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.

i.

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.

(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 orientation, marital status, familial status, national origin or handicap.

(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 will all remedies and rights for enforcement inuring to the benefit of the county.

(6)

Eligible sponsors receiving assistance from both the 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. 93-5, § 6, 4-5-1993)