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 Orlando
 Code of Ordinances
 Chapter 67. AFFORDABLE HOUSING
 Part 3. LOCAL HOUSING ASSISTANCE PROGRAM

  § 67.303. Implementation of Local Housing Assistance Program.  

Latest version.

  • In implementing its plan the City shall:

    (a)

    At least thirty (30) days prior to any application period, advertise the availability of the housing assistance program in a newspaper of general circulation in the City and in periodicals serving diverse ethnic groups and neighborhoods as required by state statute.

    (b)

    Adopt a maximum awards schedule or system of awards in its housing assistance plan which complies with the following criteria:

    (1)

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

    (2)

    At least seventy-five percent (75%) of the SHIP funds shall be reserved for construction, rehabilitation or emergency repair of affordable housing.

    (3)

    The sale price of new or existing eligible housing shall not exceed ninety percent (90%) of the median purchase price for the area where the housing is located, as established by the United States Department of Treasury in accordance with Revenue Proclamation 92-34.

    (4)

    All units constructed, rehabilitated or otherwise assisted with funds provided through the Orlando Local Housing Assistance Program shall be occupied by eligible persons. Within any SHIP funding year, at least thirty percent (30%) of the units shall be occupied by very low income persons, and at least an additional thirty percent (30%) shall be occupied by low income persons.

    (5)

    Loans issued through the Orlando Local Housing Assistance Program may not have terms exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons.

    (6)

    Eligible rental housing constructed, rehabilitated or otherwise assisted with funds from the Orlando Local Housing Assistance Program shall be 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 or guaranteed under this program must give a right of first refusal to eligible not for profit organizations for purchase at the current market value for continued occupancy by eligible persons.

    (7)

    Eligible persons who own and occupy housing constructed, rehabilitated or otherwise assisted with funds from the Orlando Local Housing Assistance Program shall be subject to long term affordability and recapture requirements as provided by the City.

    (8)

    The total amount of monthly mortgage payments, including taxes and insurance, or the amount of monthly rent charged by the eligible sponsor or his designee must be Affordable.

    (9)

    The maximum cost per unit for eligible housing benefitting from awards made pursuant to this program shall be established, from time to time, by resolution of the Orlando City Council.

    (10)

    A qualification system for applications for awards will be established through the Local Housing Assistance Plan.

    (11)

    The Orlando Local Housing Assistance Plan shall be reviewed and monitored annually to determine compliance with the eligibility and affordability provisions (including the amount of subsidy) of this Chapter and state and federal law.

    (12)

    The City shall annually monitor and determine tenant eligibility and the amount of subsidy pursuant to the provisions of this Chapter and state and federal laws. The City shall utilize maximum allowable rents in accordance with the provisions of this Chapter and applicable state and federal laws.

    (13)

    Neither the City, the partnership, nor eligible sponsors, shall in any way discriminate in the provision of affordable housing on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap.

    (14)

    Prior to receiving an award, all eligible sponsors or eligible persons shall enter into an agreement with the City wherein they agree to comply with the affordable housing criteria provided under Florida Statutes §§ 420.907—420.9079 and this ordinance. All eligible sponsors or eligible persons shall include in any deed transferring ownership of property pursuant to the Local Housing Assistance Program a covenant whereby the recipient of such property agrees to comply with the terms of Florida Statutes §§ 420.907—420.9079 and this ordinance. Such covenant shall run with the land and shall inure to the benefit of the City, its successors and assigns. Alternatively, such covenant may be made a part of any mortgage agreement with respect to such property. Breach of such covenant shall be a material breach of the mortgage with all rights and remedies inuring to the benefit of the City.

(Ord. of 2-22-1993, Doc. #26393; Ord. of 6-20-1994, Doc. #27637)