Sec. 555.102. - Definitions.
As used in this Chapter, the below terms have the below meanings unless the context otherwise requires. The singular includes the plural and the plural includes the singular.
A. Administrator means the Jacksonville Housing and Community Development Commission.
B. Adjusted for family size means adjusted in a manner that results in an income eligibility level that is lower for households is having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in subsections (Y), (Z) and (JJ) of this Section, based upon a formula established by the United States Department of Housing and Urban Development.
C. Administrative expenses means those expenses directly related to implementation of the Assistance Plan.
D. 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 subsections (Y), (Z) and (JJ) of this Section. 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.
E. Annual gross income means annual income as defined under the Section 8 housing assistance payments programs in 24 CFR 813; 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. Counties and eligible municipalities shall calculate income by projecting the prevailing annual rate of income for all adults in the household as the amount of income to be received in a household during the 12 months following the effective date of the determination.
F. Award means a loan, grant, or subsidy funded wholly or partially by the local housing assistance trust funds.
G. City means the City of Jacksonville, Florida, acting in its County capacity as Duval County and in the exercise of its County powers unless otherwise expressly stated or required.
H. Community-based organization means a nonprofit organization that has among its purposes the provision of affordable housing to persons who have special 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 a minimum of 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 corporation created pursuant to 24 CFR 92.2 and a community development corporation created pursuant to F.S. Ch. 290 are examples of community based-organizations.
I. Corporation means the Florida Housing Finance Corporation.
J. Council means the governing body of the City.
K. 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 F.S. Ch. 553 for home ownership or rental for eligible persons as designated by the City in its participation in the State Housing Initiatives Partnership (SHIP) Program.
L. Eligible municipality means a municipality that is eligible for Federal Community Development Block Grant monies as an entitlement community identified in 24 CFR Section 570, Subpart D, Entitlement Grants, or a non-entitlement 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 non-entitlement municipality. A municipality that is eligible for participation in the Federal Community Development Block Grant (CDBG) Program, but defers participation with its County government in the entitlement portion of the Community Development Block Grant Program does not affect its eligibility for participation as an eligible municipality in the State Housing Initiatives Partnership (SHIP) Program.
M. Eligible person or eligible household means one or more natural persons or a family determined by the City 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.
N. Eligible sponsor means a person or a private or public for-profit or not-for-profit entity that applies for an award under the Jacksonville Housing Assistance Plan for the purpose of providing eligible housing for eligible persons.
O. Encumbered means deposits made to the Jacksonville Affordable Housing Assistance Trust Fund have been committed by contract, or purchase order, letter of commitment or award 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.
P. Grant means an award from the trust fund to an eligible sponsor or eligible person to partially assist in the construction, or rehabilitation or financing of eligible housing or to provide the costs of tenant or ownership qualifications without requirement for repayment as long as the condition of award is maintained.
Q. Home ownership activities means the use of the trust fund moneys 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 the eventual purchase of the housing by the occupant.
R. Jacksonville Housing Assistance Plan or Housing Assistance Plan means a concise description of the local housing assistance strategies and local housing incentive strategies adopted by ordinance or resolution of the City with an explanation of the way in which the program meets the requirements of F.S. §§ 420.907—420.9079 and Corporation rule.
S. Jacksonville housing assistance strategies or assistance strategies means the housing construction, rehabilitation, repair and finance program implemented by the City with the Jacksonville Housing Distribution or other funds deposited into the trust fund.
T. Jacksonville housing incentive strategies means local regulatory reform or incentive programs to encourage or facilitate affordable housing production, which include at a minimum, assurance that permits as defined in Section F.S. § 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects: An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption; and a schedule for implementing the incentive strategies. Jacksonville housing incentive strategies may also include other regulatory reforms, such as those enumerated in F.S. § 420.9076 and adopted by the Council of the City.
U. Jacksonville housing distribution means the proceeds of the taxes collected under F.S. Ch. 201 deposited into the State's Local Government Housing Trust Fund and distributed to the City pursuant to in accordance with the Act and Corporation rule, including but not limited to F.S. § 420.9073.
V. Jacksonville Housing Assistance Trust Fund or trust fund means the trust fund created by the City for the purpose of receiving deposits of the Jacksonville Housing Distribution or other funds and making disbursements therefrom for the implementation of the Housing Assistance Plan.
W. Loan means an award from the trust fund to an eligible sponsor or eligible person to finance, partially or otherwise to the extent permitted under the Act and the Rules, 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.
X. Local housing partnership means the implementation of the Housing Assistance Plan in a manner that involves the City, 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.
Y. 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 adjusted gross income adjusted for family size for households within the metropolitan statistical area, Duval 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.
Z. Moderate-income persons 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 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 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.
AA. Personal property means major appliances, including a free-standing refrigerator or stove, to be identified on the encumbering documents.
BB. Plan amendment means the addition or deletion of a Jacksonville housing assistance strategy or Jacksonville housing incentive strategy. Plan amendments must at all times maintain consistency with program requirements and must be submitted to the Corporation for review pursuant to F.S. § 420.9072(3). Technical or clarifying revisions may not be considered plan amendments but must be transmitted to the Corporation for purposes of notification.
CC. Population means the latest official State estimate of population certified pursuant to F.S. § 186.901 prior to the beginning of the fiscal year.
DD. Program income means the proceeds derived from interest earned on or investment of the Jacksonville Housing Distribution and other funds deposited into the trust fund, proceeds from loan repayments, recycled funds, and all other income derived from use of funds deposited in the trust fund. It does not include recaptured funds as defined in subsection EE of this Section.
EE. Recaptured funds means funds that are recouped by the City in accordance with the recapture provisions of its Housing Assistance Plan pursuant to F.S. § 420.9075(4)(g) from eligible persons or eligible sponsors who default on the terms of a grant award of loan award.
FF. 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.
GG. 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 subsection L. of this Section. In the case of rehabilitation or emergency repair of an existing unit, 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 Duval County property appraiser, plus the cost of the improvements.
HH. SHIP means the State Housing Initiatives Partnership Program created pursuant to the State Housing Initiative Partnership Act, F.S. §§ 420.907—420.9079.
II. Reserved.
JJ. 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 amount 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. 98-570-E, § 2; Ord. 2002-1314-E, § 3; Ord. 2003-1058-E, § 23; Ord. 2008-712-E, § 2)
