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HomeMy WebLinkAboutRES HA-32RESOLUTION NO. HA-32 A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY RESCINDING RESOLUTION NO. HA-30, AND AMENDING THE PROCEDURE FOR SETTING RENTAL RATES AND THE IMPLEMENTATION THEREOF WHEREAS, the Palm Desert Housing Authority (the "Housing Authority") wishes to set forth a procedure for the Chief Administrative Officer or his designee (the "Chief Administrative Officer") to set and implement rental rates annually for units owned by the Palm Desert Redevelopment Agency ("Agency Units") and to increase rents charged for Agency Units in accordance with such rates; NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Chief Administrative Officer shall set maximum rental rate amounts for Agency Units to be effective each year on July 1st in the following manner: A. For Agency Units acquired, developed, rehabilitated, or otherwise assisted, which are required to be available to and occupied by persons and families whose income is between 20 percent and 65 percent of the area median income, maximum rental rates shall be established in accordance with the terms of that certain Stipulation for Entry of Judgment in Case No. Indio 51143, as subsequently amended (the "Stipulation"). B. For all other Agency Units, (1) Immediately upon adoption of this Resolution, the Chief Administrative Officer shall set maximum rental rates as recommended by the appraisal analysis conducted by Sweet & Associates dated December 31, 2004 and on file in the office of the Housing Authority Secretary. (ii) Beginning in April of 2006, the Chief Administrative Officer shall cause to be conducted a bi-annual survey of area market rental rates for rental units similar in size and unit mix to the Agency Units and shall set maximum rental rates in accordance with the survey results. For example, the market rental rate for a two -bedroom unit in a duplex may be established as the maximum rental rate for a two -bedroom Agency Unit in a duplex. (iii) In the intermediate year between surveys, the Chief Administrative Officer may increase maximum rental rates by the same percentage as the percentage increase from the previous year to the current year in area median income. RESOLUTION NO. HA-32 (iv) The Chief Administrative Officer may establish maximum rental rates at an amount that is less than the market rental rate to compensate for an unusual property condition. (v) In no event shall the maximum rental rate for any Agency Unit exceed the affordable rent for that unit as calculated in accordance with Health and Safety Code Section 50053. Section 2. Implementation A. For those Agency Units described in Section 1.A. hereof, after proper notice has been given, the Chief Administrative Officer shall set the rental rate for each unit determined pursuant to Section 1.A. B. For all other Agency Units, after proper notice is given, the Chief Administrative Officer shall set the rental rate for each unit at the maximum rental rate determined for that unit. Any rental rate increase shall be implemented in the following manner: (I) For vacant units, the full amount of the rental rate increase shall be implemented immediately. (ii) For occupied units, (a) if the increase to the amount the tenant will pay per month is less than or equal to $50, the full amount of the rental rate increase shall be implemented at lease renewal, and (b) if the increase to the amount the tenant will pay per month is more than $50, the rental rate shall be increased by $50 at lease renewal and by $50 every six months thereafter until the rental rate equals maximum rental rate, or at the two-year anniversary of the original implementation of the rental rate the balance of the entire rental rate increased will be paid, and (c) if the unit or the property on which the unit is located is in need of renovations, the rental rate increase may be deferred until completion of the renovations or the increase(s) may be less than otherwise provided for pursuant to subparagraphs (i) and (ii) of this paragraph B. RESOLUTION NO. HA-32 (d) Where the implementation affects public, federal, or local assistance, or in instances where 12-month leases are required for other purposes, and the increase to the amount the tenant will pay is less than $50 per month, the balance of the entire rental rate increase will be paid. Section 3. Tenant income in all cases shall be adjusted for family size and shall be sufficient to pay affordable rent as determined for that unit in accordance with the Stipulation or Health and Safety Code Section 50053. Section 4. The Chief Administrative Officer may take any other action, which he believes is necessary or desirable to implement this resolution so long as such action is not inconsistent with the intent hereof. PASSED, APPROVED and ADOPTED by the Palm Desert Housing Authority, this 24th day of August, 2006, by the following vote, to wit: AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: JIM F CHLLE D. KLASS'EN, SECRETAR? PALM DESERT HOUSING AUTHORITY U0OII, CHAIRMAN