§ 11.5-57. Designation of responsibility for administration and implementation of the local housing assistance program.

(a)

The administrator shall be responsible for implementation and administration of the local housing assistance program.

(b)

The county manager shall designate a SHIP coordinator, being the person whose responsibility shall be, at the instruction of the administrator:

(1)

To work with the local housing partnership to assist in implementing and 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 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.

(3)

To work with the local housing partnerships to coordinate local programs such as community loan funds, inclusionary housing programs, and linkage programs with state and local 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)

The board specifically finds the cost of administering the program exceeds five (5) percent of the funding guaranteed from the state. Therefore, the fund may be used for administrative expenses; however, administrative expenses shall not exceed ten (10) percent 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)

The administrator may provide for contracting of all or part of the administration of the program to a third party or entity, with the approval of the board.

(f)

In implementing the local housing assistance program, the administrator 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 thirty (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 (65) percent of the funds shall be reserved for homeownership for eligible persons.

b.

Seventy-five (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 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) 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 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.

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 thirty (30) years except for deferred payment loans or loans that extend beyond thirty (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.

Eligible rental housing constructed, rehabilitated, or otherwise assisted from proceeds shall be reserved for eligible persons for the greater of fifteen (15) years or the term of the assistance. Eligible sponsors who offer eligible rental housing for sale before fifteen (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 sections 420.907 through 420 9079, Florida Statutes, shall be established by the local housing partnership.

(3)

Annually monitor and determine tenant eligibility and amount of subsidy pursuant to the provisions of this article, sections 420.907—420.9079, Florida Statutes, and rule 91-37.015, Florida Administrative Code.

(4)

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.

(5)

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.

(6)

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 sections 420.907—420.9079, Florida Statutes, 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.

(7)

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. 93-8, § VII, 3-23-93)