§ 8-125. 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 by the definition of the term "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 as defined herein are to be included in the calculation of family size.

Adjusted gross income means wages income from assets, regular cash or noncash contribution, and 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 implementation of the local housing assistance plan and local housing assistance program and shall not include the reimbursement of 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.

Affordable means that monthly rents or monthly mortgage payments, including taxes and insurance, do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in the definition of the term "low income person," "moderate income person," or "very low income person." However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, 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.

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

Community-based organization means a nonprofit organization that has among its purposes the 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, accountability to housing program beneficiaries and residents of the designated area. A community housing development organization established pursuant to 24 CFR part 92.2 and a community development corporation created pursuant to F.S. ch. 290 are examples of community-based organizations.

Eligible housing means any real and personal property located within the county or the eligible municipality which is designated and intended for the primary purpose of providing decent, safe, and sanitary residential units that are designed to meet the standards of F.S. ch. 533, for homeownership or rental for eligible persons as designated by each county or eligible municipality participating in the local housing assistance program or State Housing Initiatives Partnership Program.

Eligible municipality means a municipality that is eligible for federal community development block grants as an entitlement community identified in 24 CFR 570, subpart D, Entitlement Grants, or a nonentitlement municipality that is receiving local housing distribution funds under an interlocal agreement that provides for possession and administrative control of funds to be transferred to the nonentitlement municipality. An eligible municipality that defers its participation in community development block grants does not affect its eligibility for participation in the State Housing Initiatives Partnership Program

Eligible person means one or more natural persons or a family determined by the county or eligible municipality to have special housing needs or to have very low income, low income, or moderate income according to the adjusted gross income of the resident with adjustment made for family size.

Eligible sponsor means a community-based organization, a person or a private or public for profit or nonprofit entity that applies for assistance under the local housing assistance program for the purpose of providing eligible housing for eligible persons.

Grant means a distribution of a portion of a local housing distribution to an eligible sponsor or eligible person to provide assistance under the local housing assistance program 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.

Home ownership 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 (F.S. § 163.01 et seq.) for the purpose of a joint local housing assistance program pursuant to the provisions of F.S. § 420.9075(5) or for the purpose of a joint affordable housing incentive plan pursuant to the provisions of F.S. § 420.9076(2).

Loan means a pledge of the local housing distribution monies to an eligible sponsor or eligible person to finance the acquisition, construction or rehabilitation of eligible housing.

Local housing assistance plan means a concise description of the local housing assistance program adopted by this article with an explanation of the way in which the local housing assistance program meets the requirements of this article and F.S. §§ 420.907 through 420.9079 and F.A.C. ch. 9I-37.

Local housing distribution means the proceeds of the taxes collected under F.S. ch. 201 deposited into the local government housing trust and distributed to counties and eligible municipalities 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 program in a manner that involves, but is not limited to, the county, city, community-based organizations, for-profit housing developers, lending institutions, providers of professional services relating to affordable housing and service organizations working on behalf of persons with special housing needs. The term "local housing partnership" 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 transportation, 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.

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

Moderate income person means one or more natural persons or a family, not including students, that has a total annual adjusted gross income for the household that does not exceed 120 percent of the median annual adjusted gross income for households within the county. With respect to rental units, the moderate income household's annual adjusted gross income at the time of initial occupancy may not exceed 120 percent of area median income adjusted for family size. While occupying the rental unit a moderate income household's annual adjusted gross income may increase to an amount not to exceed 140 percent of 120 percent of area 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 have greater difficulty acquiring or maintaining affordable housing. Such persons may, for example, encounter resistance to their residing in particular communities, increased housing cost resulting from unique needs, and high risk of institutionalization. As set out in the state comprehensive housing affordability strategy (1991) these individuals include:

(1)

Persons with developmental disabilities;

(2)

Persons with mental illness/chemical dependency;

(3)

Persons with AIDS and HIV disease;

(4)

Runaway and abandoned youth;

(5)

Single-parent families;

(6)

Public assistance recipients;

(7)

Migrant and seasonal farmworkers;

(8)

Refugees and entrants; and

(9)

The elderly and disabled adults.

Student means a person not living with his parent or guardian who is eligible to be claimed by the person's parent or guardian under the Federal Income Tax Code and who is enrolled at least half time in a secondary school, vocational-technical school, community college, or university. The term "student" does not include a person participating in a job training program approved by the county or eligible municipality.

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

(Ord. No. 93-06, § I, 3-23-1993)

State law reference

F.S. § 420.9071.