§ 32-19. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

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 the definition of "low-income person," "moderate-income person" or "very-low-income person," based upon a formula established by the United States Department of Housing and Urban Development. Students as defined herein are to be included in the calculation of family size.

Adjusted gross income means wages, income from assets, regular cash or non-cash contributions, and by any other sources and benefits determined to be income by the United States Department of Housing and Urban Development, adjusted for family size, minus the deductions allowable under section 61 of the Internal Revenue Code of 1986, as amended.

Administrative expenses means those expenses directly related to the implementation of the local housing assistance plan and local housing assistance program and shall not include the reimbursement costs which were previously borne by another funding source which could continue to be available at the time the local housing assistance plan is submitted and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark.

Affordable means that monthly rent and utilities or mortgage payments, insurance, and property taxes do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for households qualifying under the definition of "low-income person," "moderate-income person" or "very-low-income person." However, it is not the intent to limit an individual's ability to devote more than 30 percent of his income for housing.

Annual gross income means annual income as defined under section 8 housing assistance payments programs in 24 CFR part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes or as defined by standard practices used in the lending industry as detailed in the local housing assistance plan and approved by the corporation. The county shall calculate income by annualizing verified sources of income for the household as the amount of income to be received in a household during the 12 months following the effective date of the determination.

Assisted housing or assisted housing development means a rental housing development, including rental housing in a mixed-use development that received or currently receives funding from any federal or state housing program.

Award means a loan, grant, or subsidy funded wholly or partially by the local housing assistance trust fund.

Community-based organization means a nonprofit organization that has among its purposes that provision of affordable housing to persons who have special housing needs or have very-low income, low income, or moderate income within a designated area, which may include a municipality, a county, or more than one municipality or county and maintains, through at least one-third representation on the organization's governing board and otherwise, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR 92.2 and a community development corporation created pursuant to F.S. ch. 290 are examples of community-based organizations.

County means Baker County, Florida, including unincorporated and incorporated areas, as represented by the county board of county commissioners.

Eligible housing means any real and personal property located within the county or the eligible municipality 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 Florida Building Code or previous building codes adopted under chapter 553, or manufactured housing constructed after June 1994 and installed in accordance with the installation standards for mobile or manufactured homes contained in rules of the department of highway safety and motor vehicles, for home ownership or rental for eligible persons as designated by each county or eligible municipality participating in the state housing initiatives partnership program.

Eligible person or eligible household means one or more natural persons or a family determined by the county or eligible municipality to be of very-low income, low income, or moderate income according to the income limits adjusted to family size published annually by the United States Department of Housing and Urban Development based upon the annual gross income of the household.

Eligible sponsor means a person or a private or public for-profit or not-for-profit entity that applies for an award under the local housing assistance plan for the purpose of providing eligible housing for eligible persons.

Grant means an award from the local housing assistance trust fund to an eligible sponsor or eligible person to partially assist in the construction, rehabilitation, or financing of eligible housing or to provide the cost of tenant or ownership qualifications without requirement for repayment as long as the condition of award is maintained.

Homeownership means a distribution of a portion of a local housing distribution to an eligible person or eligible sponsor for construction, rehabilitation, purchase, or lease-purchase financing for owner-occupied eligible housing.

Interlocal entity means any entity created pursuant to the provisions of F.S. ch. 163, pt. I for the purpose of a joint local housing assistance program pursuant to the provisions of F.S. § 490.9075(5) or for the purpose of a joint affordable housing incentive plan pursuant to the provisions of F.S. § 420.9076(2).

Loan means an award from the local housing assistance trust fund to an eligible sponsor or eligible person to partially finance the acquisition, construction, or rehabilitation of eligible housing with requirement for repayment or provision for forgiveness of repayment if the condition of the award is maintained.

Local housing assistance plan means a concise description of the local housing assistance strategies and local housing incentive strategies adopted by local government resolution with an explanation of the way in which the program meets the requirements of F.S. ch. 420, pt. VII (F.S. § 420.907 et seq.) and F.A.C. ch. 91-37.

Local housing assistance strategies means the housing construction, rehabilitation, repair, or finance program implemented by a participating county or eligible municipality with the local housing distribution or other funds deposited into the local housing assistance trust fund.

Local housing distribution means the proceeds of the taxes collected under chapter 201 deposited into the local government housing trust and distributed to counties and eligible municipality participating in the state housing initiatives partnership program pursuant to F.S. § 420.9073.

Local housing partnership means the implementation of the local housing assistance plan in a manner that involves the county or eligible municipality, lending institutions, housing builders and developers, real estate professionals, advocates for low-income persons, community-based housing and service organizations, and providers of professional services relating to affordable housing. 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 establishing of support services such as day care, health care, and transportation.

Low-income person or low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 80 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever amount is greatest. With respect to rental units, the low-income household's annual income at the time of initial occupancy may not exceed 80 percent of the area's median income adjusted for family size. While occupying the rental unit, a low-income household's annual income may increase to an amount not to exceed 140 percent of 80 percent of the area's median income adjusted for family size.

Moderate-income person or moderate-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 120 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the moderate-income household's annual income at the time of initial occupancy may not exceed 120 percent of the area's median income adjusted for family size. While occupying the rental unit, a moderate-income household's annual income may increase to an amount not to exceed 140 percent of 120 percent of the area's median income adjusted for family size.

Personal property means major appliances, including a freestanding refrigerator or stove, to be identified on the encumbering documents.

Persons who have special housing needs means persons who have incomes not exceeding moderate income and who, because of particular social, economic, or health-related circumstances, may have greater difficulty acquiring or maintaining affordable housing. Such persons, may have, for example, encountered resistance to their residing in particular communities, increased housing costs resulting in unique needs, and high risk of institutionalization. As set out in the State of Florida Comprehensive Housing Affordability Strategy (1991) these individuals include, but are not limited to: persons with developmental disabilities; persons with mental illness or chemical dependency; persons with AIDS and HIV disease; runaway and abandoned youth; single-parent families; public assistance recipients; migrant and seasonal farm-workers; refugees and entrants; and the elderly and disabled adults.

Preservation means actions taken to keep rents in existing assisted housing affordable for extremely-low-income, very-low-income, low-income, and moderate-income households while ensuring that the property stays in good physical and financial condition for an extended period.

Program income means the proceeds derived from interest earned on or investment of the local housing distribution and other funds deposited into the local housing assistance trust fund, proceeds from loan repayments, recycled funds, and all other income derived from use of funds deposited in the local housing assistance trust fund. It does not include recaptured funds.

Recaptured funds means funds that are recouped by a county or eligible municipality in accordance with the recapture provisions of its local housing assistance plan pursuant to F.S. § 420.9075(5)(h) from eligible persons or eligible sponsors, which funds were not used for assistance to an eligible household for an eligible activity, when there is a default on the terms of a grant award or loan award.

Rent subsidies means ongoing monthly rental assistance. The term does not include initial assistance to tenants, such as grants or loans for security and utility deposits.

Sales price or value means, in the case of acquisition of an existing or newly constructed unit, the amount on the executed sales contract. For eligible persons who are building a unit on land that they own, the sales price is determined by an appraisal performed by a state-certified appraiser. The appraisal must include the value of the land and the improvements using the after-construction value of the property and must be dated within 12 months of the date construction is to commence. The sales price of any unit must include the value of the land in order to qualify as eligible housing as defined in this section. In the case of rehabilitation or emergency repair of an existing unit that does not create additional living space, sales price or value means the value of the real property, as determined by an appraisal performed by a state-certified appraiser and dated within 12 months of the date construction is to commence or the assessed value of the real property as determined by the county property appraiser. In the case of rehabilitation of an existing unit that includes the addition of new living space, sales price or value means the value of the real property, as determined by an appraisal performed by a state-certified appraiser and dated within 12 months of the date construction is to commence or the assessed value of the real property as determined by the county property appraiser, plus the cost of the improvements in either case.

Very-low-income person or very-low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed 50 percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the very-low-income household's annual income at the time of initial occupancy may not exceed 50 percent of the area's median income adjusted for family size. While occupying the rental unit, a very-low-income household's annual income may increase to an amount not to exceed 140 percent of 50 percent of the area's median income adjusted for family size.

(Ord. No. 2002-11, § I, 4-29-2002)

State law reference

Similar provisions, F.S. § 420.9071.