HomeMy WebLinkAboutRES HA-51RESOLUTION NO. HA- 51
A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY
RESCINDING RESOLUTION NO. HA-32, AND AMENDING THE
PROCEDURE FOR SETTING RENTAL RATES AND THE
IMPLEMENTATION THEREOF
WHEREAS, the Palm Desert Housing Authority (the "Housing Authority") wishes to
amend the procedure, 1) to set and implement annual rental rates and maximum rent for
residential rental units owned and/or operated as affordable by the Palm Desert Housing
Authority ("Authority Unit(s)") for the purpose of providing affordable housing to persons
and families of low or moderate income and 2) to increase rents charged for Authority Units
in accordance with such rates;
NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Setting Annual Rental Rates and Maximum Rent
A. The Executive Director shall set annual rental rate amounts for Authority
Units to be effective each year on July 1st or 30 days from the date that the
area median income limits are published by the California Department of
Housing and Community Development ("HCD"), whichever is later, in the
following manner. For Authority Units acquired, developed, rehabilitated, or
otherwise assisted, which are required to be available to and occupied by (a)
persons and families whose income is between 20 percent and 65 percent of
the area median income, or (b) by persons and families of low or moderate
income, annual rental rates shall be set in accordance with the terms of that
certain Stipulation for Entry of Judgment in Case No. Indio 51143, as
subsequently amended (the "Stipulation") to adhere with state regulations
adopted pursuant to California Health and Safety Code section 50052.5,
50053, 50079.5, 50093 and 50105 as they existed prior to 1990 and as
interpreted at that time by Title 25 California code of Regulations, 6900 et
seq., and any amendments made thereto.
B. In no event shall the annual rental rate for any Authority Unit exceed the
affordable rent for that unit as calculated in accordance with Health and
Safety Code Section 50053 and as interpreted by Title 25 California code of
Regulations, 6900 et seq., or exceed affordable rent as determined by any
state, federal, or other public agency guidelines that provide supplemental
rental assistance to the persons of that unit or on behalf of that unit.
C. The Executive Director shall set maximum rent concurrently with the annual
rental rates each year in the following manner:
i. For all Authority Units acquired, developed, rehabilitated, or otherwise
RESOLUTION NO. HA - 51
assisted, which are required to be available at affordable housing cost
to persons and families of low or moderate income, maximum rent
shall be set in accordance with the fair market rents in effect at the
time for each unit type as published by the U.S. Department of
Housing and Community Development ("HUD") for Riverside County.
ii. The Executive Director may conduct at any time, not to exceed more
than once every other year, a survey of area market rental rates for
rental units similar in size and unit mix to the Authority Units and at its
discretion may adjust and set maximum rental rates in accordance
with the survey results for the local area. 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 Authority Unit in a duplex.
iii. The Executive Director may establish maximum rental rates at an
amount that is less than the market rental rate to compensate for an
unusual property condition.
Section 2. Implementation of Rental Increases
A. For all Authority Units, after proper notice is given;
i. The full amount of the rental rate increase shall be implemented upon
vacancy or at lease renewal, except if the unit or the property on
which the unit is located is in need of renovations, the rental rate
increase may be deferred by the Executive Director until completion
of the renovations or the increase(s) may be Tess than otherwise
provided for pursuant to this Section.
ii. Where the implementation affects public, federal or local rental
assistance, or in instances where 12-month leases are required for
other purposes, the full amount of the rental rate increase shall be
implemented at lease renewal or as may otherwise be required in
connection with such rental assistance.
Section 3. Tenant income shall be calculated pursuant Title 25 Califomia Code of
Regulations, Section 6900 et seq. and adjusted for family size. Tenant income shall be
sufficient to pay affordable rent as determined for that unit in accordance with Title 25
California Code of Regulations, Section 6900 et seq., the Stipulation or Health and Safety
Code Section 50053.
Section 4. Utility Allowances as prescribed in Health and Safety Code Section
50053, shall be set in accordance with the utility allowances in effect at the time the annual
rental rates are established in accordance with Section 1 for each unit type as published by
the Housing Authority of the County of Riverside ("HARivCO")
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RESOLUTION NO. HA - 51
Section 5. The Executive Director may take any other action which he believes is
necessary or desirable to implement the intent of this resolution so long as such action is
not inconsistent with the terms hereof.
PASSED, APPROVED, and ADOPTED by the Palm Desert Housing Authority, this
14th day of March, 2013, by the following vote, to wit:
AYES:
BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/1)j
n C. Harnik, Chairman
ALM DESERT HOUSING AUTHORITY
ATTEST:
Rachelle D. Klassen, Secretary
PALM DESERT HOUSING AUTHO
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