Memorandum of lease.

Houston Code of Ordinances § 26-501

in effect

Sec. 26-501. - Memorandum of lease. (a) A memorandum of lease required by this article shall: (1) Be in the form prescribed by the director upon approval by the city attorney or his or her designee, and shall not require that the amount of consideration paid or other financial information be reported to the department; (2) Be filed with the department and maintained in the department's records. (3) Be accompanied by the non-refundable fee set forth for this provision in the city fee schedule; (4) Be signed by all interested parties; (5) Include the legal description of the leased tract; (6) Provide that the leased tract will be used solely to satisfy the parking requirements of this article for the term of the lease or agreement; and (7) Be evidence of an effective lease or shared parking agreement with an effective term of at least one year. (b) In the event that the leased tract becomes unavailable to the use classification whether through termination of the lease, agreement, or other reason, the applicant or responsible party must immediately notify the department and take steps to obtain and submit for approval substitute parking arrangements that comply with the requirements of this article. The director shall cause the certificate of occupancy of an applicant or responsible party to be revoked after the expiration of the grace period set forth below if the applicant or responsible party is not in compliance with the requirements of this article due to the unavailability of the leased tract in accordance with the following: (1) If the applicant or responsible party has not made substitute arrangements within a 90 day grace period after the date the leased tract became unavailable, the director shall cause the certificate of occupancy to be revoked for the use and that use shall cease immediately. Expiration of a lease at the end of its term without substitute parking arrangements shall not be considered as no fault of the applicant or responsible party. (2) If an applicant or responsible party can demonstrate to the satisfaction of the director that the leased tract became unavailable through no fault of the applicant or responsible party, the grace period to submit substitute arrangements and have them approved shall be 120 days from the date the leased tract became unavailable. If no substitute arrangements are approved within the grace period, the director shall cause the certificate of occupancy to be revoked for the use and that use shall cease immediately. (3) The director shall grant an additional 120 day extension to the grace period to an applicant or responsible party who can demonstrate the following to the satisfaction of the director: a. The applicant or responsible party has acted in good faith and made reasonable efforts to obtain substitute parking; b. The applicant or responsible party will have reasonable opportunity to obtain substitute parking if an extension is granted; and c. The granting of an extension will not be injurious to the public health, safety, and welfare; (4) The commission shall grant an additional 90 day extension to the grace period to an applicant who demonstrates to the satisfaction of the commission the criteria of item (3) of this subsection. An application to the commission for the additional 90 day extension shall: a. Be filed with the department before the expiration of the grace period described by this section; b. Be in the form prescribed by the director; and c. Be accompanied by the non-refundable fee set forth for this provision in the city fee schedule. (5) Operation of a use classification after the expiration of the grace period without providing for substitute parking arrangements approved by the director is a violation of this article. (c) An applicant or responsible party must submit an annual certification to the department not more than one year from the date of the most recently approved site plan or memorandum of lease demonstrating the continued availability of the leased tract. The annual certification shall: (1) Be in the form prescribed by the director; (2) Be accompanied by the non-refundable fee set forth for this provision in the city fee schedule; and (3) Include a current and valid memorandum of lease that complies with the standards of subsection (a) of this section showing that the leased tract is available for continued use as shown on the most recently approved site plan. (d) If an applicant or responsible party fails to submit an annual certification to the department, the leased tract shall be considered to be unavailable for the parking purpose intended by the lease and the applicant or responsible party shall take the steps outlined in subsection (b) of this section required for compliance with this article. (Ord. No. 2013-208, § 2(Exh. A), 3-6-2013)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH26PA_ARTVIIIOREPALO_DIV2REPASPBISP_S26-501MELEFetched: 10/26/2026