§ 67.103. Definitions.
For the purposes of this Chapter the following words and terms shall have the following meanings:
Adjusted for Family Size means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in Florida Statutes, based upon a formula established by the United States Department of Housing and Urban Development.
Administrative Expenses means those expenses directly related to implementation of the Local Housing Assistance Plan and Local Housing Assistance Programs.
Affordable. Unless the context otherwise clearly requires, affordable means that monthly rents or monthly mortgage payments, including taxes and insurance, do not exceed thirty (30) percent of that amount which represents the percentage of the median adjusted gross income limits Adjusted For Family Size for the households qualifying under the definitions of Very Low Income, Low Income, or Moderate Income Persons. However, it is not the intent to limit an individual's ability to devote more than 30 percent of his income for housing.
Affordable Housing Advisory Committee or Advisory Committee means the committee appointed by the City Council for the purpose of recommending specific initiatives and incentives to encourage or facilitate affordable housing as provided in Florida Statutes § 420.9076.
Alternative Housing Development means a development approach which encourages Low and Very Low Income Housing by providing flexible design options and incorporating cost saving measures without compromising the quality of the resulting development. Certified Low and Very Low Income Housing units are required to comprise all or a portion of the development.
Annual Anticipated Gross Income means the gross amount of wages, income from assets, regular cash or non-cash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development. This is the amount of income anticipated to be received by all adults in a household during the twelve months following the effective date of the determination. Anticipated income is generally determined by annualizing current income for the next twelve months.
Award means a loan, grant, or subsidy funded wholly or in part by the Local Housing Distribution.
Certified Affordable Housing means residential units which have been certified through the City of Orlando Affordable Housing Certification Process as meeting the definition and other applicable requirements as Affordable Housing in accordance with the adopted certification standards, conditions, and procedures.
Eligible Housing means any real and personal property located within the City which is designed and intended for the primary purpose of providing decent, safe, and sanitary residential units that are designed to meet the standards of the Orlando City Code at the time of construction or rehabilitation and Florida Statutes ch. 553 for home ownership or rental for Eligible Persons as designated by the City. Housing must be within the maximum purchase price limitations as established by the United States Department of Treasury in accordance with Revenue Proclamation 92-34 and must meet affordability requirements in order to qualify as eligible. Transitional housing and shelters shall be considered as Eligible Housing for Eligible Persons to the extent of compliance with all other eligibility and program criteria.
Eligible Person means one or more natural persons who are certified by the City to be Very Low Income, Low Income, or Moderate Income, according to the Annual Anticipated Gross Income of the resident.
Eligible Sponsor means a person or entity that applies for an Award under the Local Housing Assistance Program for the purpose of providing Eligible Housing for Eligible Persons.
Encumbered means that moneys have been committed by contract or purchase order in a manner that obligates the City to expend the Encumbered amount upon delivery of goods, the rendering of services, or the conveyance of real property by a vendor, supplier, contractor, or owner.
Expenditure, Expended, or Spent means the affordable housing activity is complete and SHIP moneys have been transferred from the local housing assistance trust fund account to pay for the cost of the activity. In the case of an Eligible Sponsor, this definition will apply when the project is completed and is occupied by an Eligible Person or Eligible Persons.
Homeownership means the use of Local Housing Distribution money for the purpose of providing owner occupied housing. Such uses may include, but are not limited to, construction, rehabilitation, purchase, and lease purchase financing where the primary purpose is eventual purchase of the housing by the occupant within twenty-four months from initial execution of a lease agreement.
Local Affordable Housing Incentive Plan means the plan addressing affordable housing incentives required pursuant to Florida Statutes § 420.9076 and F.A.C. 9I-37.010.
Local Housing Assistance Plan or Plan means a concise description of the Local Housing Assistance Program which Plan has been adopted by City ordinance or resolution and which contains an explanation of the way in which the Program meets the requirements of Florida Statutes §§ 420.907—420.9079 and F.A.C. 9I-37.005.
Local Housing Assistance Program or Program means the housing construction, rehabilitation, repair, and finance program adopted by the City by ordinance and implemented by the City with the Local Housing Distribution or other funds deposited into the local housing assistance trust fund to make Affordable residential units available to Eligible Persons.
Local Housing Distribution means the proceeds of the taxes collected under Florida Statutes ch. 201, deposited into the local government housing trust fund created pursuant to Florida Statutes § 420.9079, and distributed to the City pursuant to Florida Statutes § 420.9073.
Local Housing Partnership or Partnership means the implementation of the Local Housing Assistance Program in a manner that, to the greatest extent possible, includes full representation from both the public and private sector. Such Partnership shall not be required to be a legal entity, but should involve the City, lending institutions, housing developers, Community Based Organizations, community service organizations, and providers of professional services relating to affordable housing as equal participants in the Partnership. The term includes initiatives to provide support services for housing Program beneficiaries such as training to prepare persons for the responsibility of Homeownership, counseling of tenants and the establishment of support services such as day care, health care and transportation assistance.
Low Income Housing means housing which is affordable to Low Income Persons.
Low Income Person means one or more natural persons or a family, not including Students, that has a total Annual Anticipated Gross Income for the household that does not exceed eighty (80) percent of the median annual income Adjusted For Family Size for households within the metropolitan statistical area which includes the City. While occupying a rental unit, a Low Income Person's Annual Anticipated Gross Income may increase to an amount not to exceed 140 percent of 80 percent of the applicable median income Adjusted For Family Size for purposes of meeting the requirements of F.A.C. 9I-37.007(9).
Moderate Income Housing means housing which is affordable to Moderate Income Persons.
Moderate Income Person means one or more natural persons or a family, not including Students, that has a total Annual Anticipated Gross Income for the household that does not exceed 120 percent of the median annual income Adjusted For Family Size for households within the metropolitan statistical area (MSA) which includes the City. While occupying a rental unit, a Moderate Income Person's Annual Anticipated Gross Income may increase to an amount not to exceed 140 percent of 120 percent of the applicable median income Adjusted For Family Size for the purposes of meeting the requirements of F.A.C. 9I-37.007(9).
Rehabilitation means repairs or improvements which are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space.
SHIP Funds has the same meaning as Local Housing Distribution.
SHIP Program or SHIP means the State Housing Initiatives Partnership Program created pursuant to the State Housing Initiatives Partnership Act, Florida Statutes § 420.907 et seq.
Student means a person not living with his or her parent or guardian but who is eligible to be claimed as a dependent of such parent or guardian under the Internal Revenue Code and who is enrolled at least half time in a secondary school, vocational technical center, community college, or university. The term does not include a person participating in a job training program approved by the City.
Very Low Income Housing means housing which is affordable to Very Low Income Persons.
Very Low Income Person means one or more natural persons or a family, not including Students, that has a total Annual Anticipated Gross Income for the household that does not exceed 50 percent of the median income Adjusted For Family Size for households within the metropolitan statistical area (MSA) which includes the City. While occupying a rental unit, a Very Low Income Person's Annual Anticipated Gross income may increase to an amount not to exceed 140 percent of 50 percent of the applicable median income Adjusted For Family Size for purposes of meeting the requirements of F.A.C. 9I-37.007(9).
(Ord. of 2-22-1993, Doc. #26393; Ord. of 6-20-1994, Doc. #27637)