HomeMy WebLinkAboutRes HA-84 - Rplc-Amnd Occupancy StandardsRESOLUTION NO. HA84
STAFF REPORT
PALM DESERT HOUSING AUTHORITY
HOUSING DEPARTMENT
MEETING DATE: December 14, 2017
REQUEST: ADOPT RESOLUTION NO. HA- 84 REPLACING RESOLUTION
NO. HA-22, AND AMENDING THE OCCUPANCY STANDARDS
FOR RESIDENTIAL UNITS OWNED, OPERATED AND
RESTRICTED BY THE PALM DESERT HOUSING AUTHORITY
Recommendation
By Minute Motion, that the Authority Board,
1) Waive further reading and adopt Resolution No. HA- 84 replacing
Resolution No. HA-22, and amending the Occupancy Standards for
residential units owned, operated and restricted by the Palm Desert
Housing Authority; and
2) Authorize the Palm Desert Housing Authority Executive Director to take
any other actions which she/he deems necessary to facilitate, modify,
establish and implement the intent of the resolution so long as such action
is not inconsistent with the terms thereof.
Committee/Commission Recommendation
The Housing Commission will review this recommendation at its regular meeting of
December 13, 2017. Upon request, a verbal report will be provided at the Authority's
regular meeting of December 14, 2017.
Strategic Plan
This request does not apply to a specific strategic plan goal.
Background Analysis
Fair housing law allows owners and managers to adopt reasonable occupancy
requirements for each unit type based on factors such as family composition, number of
sleeping areas, and the overall size of the dwelling, relative to the household size.
On October 23, 2003, the Palm Desert Housing Authority Board ("Authority Board"), as
the operator of the former Palm Desert Redevelopment Agency ("Agency") residential
units, adopted Resolution No. HA-22, the Occupancy Standards Policy ("Policy"). The
Policy established priorities for the allocation of residential units operated by the Palm
Desert Housing Authority ("Authority"), as part of the Agency's Lower and Moderate
December 14, 2017 Meeting - Staff Report
Housing Authority — Adopt Resolution No. HA- 84 , Occupancy Standards Policy
Page 2 of 2
Income Housing Program (the "Program"). The Policy sought to minimize
underutilization and overcrowding of such units in violation of the Uniform Housing
Code. In addition, it was the Agency's goal to prevent the waste of scarce affordable
housing resources which results when units that are too large or too small are
allocated for the family size that will occupy the unit.
On February 9, 2012, the City designated the Authority as the successor housing entity
for all housing activities formerly completed by both the Agency and Authority. With the
elimination of the Agency, the references in the Policy need to be changed to reflect
with the current ownership and operation of the Program.
Staff recommends that the Authority Board adopt the attached resolution replacing
Resolution No. HA-22, amending the Occupancy Standards for residential units owned,
operated and restricted by the Authority and authorize the Executive Director to take
any other actions which she/he deems necessary to facilitate, modify, establish and
implement the intent of this resolution so long as such action is not inconsistent with the
terms thereof.
Fiscal Analysis
There is no fiscal impact with this request.
_ —)
ed by: Jessi nzales, Senior Management Analyst
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/A
Robert H.
Hargreaves
City Attorney
ATTACHMENTS:
et Moore
rector of Finance
Jan'et Moore
`-Director of Finance
49
Lauri Aylaian
City Manager
Resolution No. HA- 84 , Occupancy Standards Policy
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RESOLUTION NO. HA - 84
A RESOLUTION OF THE PALM DESERT HOUSING
AUTHORITY REPLACING RESOLUTION NO. HA-22 AND
AMENDING OCCUPANCY STANDARDS FOR THE
ALLOCATION OF RESIDENTIAL UNITS OWNED, OPERATED
AND RESTRICTED BY THE AUTHORITY.
NOW, THEREFORE, THE PALM DESERT HOUSING AUTHORITY
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The Palm Desert Housing Authority (the "Authority") owns,
operates and restricts a significant number of residential units (the "Authority
Units") in the City of Palm Desert ("City"), California as the elected successor
agency to the former Palm Desert Redevelopment Agency ("Agency"), which it
leases, restricts or sells to qualified households as part of the Authority's Lower
and Moderate Income Housing Program (the "Program") pursuant to the
California Health and Safety Code and Title 25 of the California Code of
Regulations.
Section 2. The Authority wishes to prevent Authority Units from
becoming overcrowded in violation of the Uniform Housing Code as adopted by
California Health and Safety Code § 17922 as additional residents move in or
households become too large for their existing units. Such overcrowding can
pose a threat to the health and safety of residents, lead to parking and traffic
congestion, overburden waste and sewer disposal systems and increase the
financial burden on and other public use facilities in the City.
Section 3. In addition, the Authority has a limited budget for the
Program. As a result, the Authority does not want to waste resources or
underutilize Authority Units by placing households in larger Authority Units than
are necessary.
Section 4. The Authority wishes to amend its policy that establishes
occupancy standards for the allocation of all Authority Units in the Program in
order to allow the Authority to prevent overcrowding and to minimize
underutilization in the leasing and sales of Authority Units that are too large or
too small for the contemplated households that will occupy the unit.
Section 5. The policy will be applied as Authority Units are sold or
allocated to new residents and to existing residents as their leases expire if they
seek new leases and any other Authority Units.
Section 6. The Executive Director, for and in the name and on behalf of
the Authority, may undertake any other such actions as she or he deems
RESOLUTION NO HA-84
necessary to facilitate, modify, establish and implement the intent of this
resolution provided the actions are consistent with the terms hereof.
Section 7. The Authority hereby replaces Resolution No. HA-22 and
approves the "Policy on Occupancy Standards for the Allocation of Authority
Units" attached hereto as Exhibit A.
PASSED, APPROVED and ADOPTED this day of
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Rachelle D. Klassen, Secretary
2
Jan C. Harnik, Chairperson
G 1HOUSING1Jessica Gonzales\HOUSING AUTHORITY ADMINISTRATIVE POLICIES1201710ccupancy Policy\PDHA -- RES Occupancy Standard doc
P6402/00011735104 1
RESOLUTION NO. HA 84
EXHIBIT A
POLICY ON OCCUPANCY STANDARDS
FOR THE ALLOCATION OF AUTHORITY UNITS
1. Purpose. The purpose of this policy is to establish priorities for the allocation
of residential units owned, operated, sold or restricted by the Palm Desert Housing
Authority ("Authority"), as part of the Authority's Lower and Moderate Income Housing
Program (the "Program") in order to minimize underutilization and overcrowding of such units
in violation of the Uniform Housing Code and to prevent the waste of scarce affordable
housing resources which results when units, that are too large or too small, are allocated for
the family size that will occupy the unit.
used:
2. Definitions. For the purpose of this policy, the following definitions shall be
a. "Authority Units" means the units owned, operated, sold or restricted by the
Authority as part of its Program pursuant to the California Health and Safety
Code and Title 25 of the California Code of Regulations.
b. "Eligible Households" means families whose total household income does not
exceed the limits established for the Program for households of lower and
moderate income, adjusted for household size.
c. "Executive Director" shall mean the Executive Director of the Authority, or his or
her designee.
d. "Household" or "Household Size" shall mean the total number of Persons defined
in 2.e.
e. "Person" means (i) every person with satisfactory identification, regardless of
age, who is an intended resident occupant of an Authority Unit during the lease
term, including minor children whose parent or legal guardian has court -
awarded physical custody of at least 50% and (ii) unborn children at 30 weeks
gestation, but only where the addition of one child would cause the unit to
exceed the maximum in this policy. Minor children whose parent or legal
guardian has court awarded custody of less than 50% will be allowed to occupy
the unit during custody visits but will not be counted as a person in determining
the unit size to be allocated.
g.
"'Visitor" means a person who temporarily resides in a unit for a period of less
than 30 days per calendar year, only fourteen of which may be consecutive.
The exception are minor children whose parent or legal guardian have court
awarded custody of less than 50% who would not be considered a visitor but
rather allowed occupancy as noted under 2.e. Any person not included in the
lease and occupying the unit for longer than 30 days per calendar year will be
considered an unauthorized occupant and a violation of the lease agreement.
"Waiting Lists" shall mean lists maintained by the Authority for the purposes of
providing affordable housing at each affordable level, for both sale and leasing
purposes.
3. Allocation of Units. Authority Units that become available for sale or lease to
new Eligible Households or that are occupied by Eligible Households with expiring leases who
wish to enter into a new lease will be sold or leased in accordance with minimum and
maximum occupancy standards below. When a unit becomes available, an Eligible
RESOLUTION NO. HA-84
EXHIBIT A
Household will be selected from the applicable waiting list based first on appropriate
household size for the unit (within the minimums and maximums below), second on the ability
to pay the rent or conventional mortgage (consistent with the requirements of the Program).
In the event that there is a unit available and there are no Eligible Households of appropriate
size, then Eligible Households of the most nearly appropriate size will be assigned to or
offered that unit. At no time will the initial assignment of a unit exceed the maximum
occupants described below.
FOR SALE:
Number of Bedrooms
Studio
1
2
3
4
5
FOR RENT:
1
1
2
4
Minimum
Number of Persons
Maximum at Initial
Assignment
2
3
5
7
5 9
7
11
Number of Bedrooms
Studio
1
1
1
Number of Persons
Minimum
2
Maximum at Initial
Assignment
2
3
2 5
3 4 7
h4 5 9
r5 7 11
Notwithstanding the foregoing, the minimums and maximums shall be increased or
decreased if, due to the size or configuration of the rooms in a particular Authority Unit, the
Uniform Housing Code adopted pursuant to California Health and Safety Code section
17922 or the Fair Housing Act, shall apply. In addition, in such cases that the Authority
Unit is funded in whole or in part by any Federally mandated sources, the occupancy
standards set forth therein shall apply.
4. Process for Determining Eligible Household Size to Units Available; Appeals.
For the purposes of this policy and for the purposes of being placed on a waiting list,
the size of the Eligible Household shall first be determined as of the date the Eligible
RESOLUTION NO. HA-84 EXHIBIT A
Household makes written application to the Authority for an Authority Unit. At such time as a
unit becomes available, the size of the Eligible Household will be the total number of Eligible
Persons at the date of the acceptance of the unit, if different than the Eligible Household
Size at application. An Eligible Household that is denied a unit based on Eligible
Household Size may file a written appeal for consideration by the Executive Director of the
Authority within ten (10) business days of receiving the written denial, stating the reasons
for and providing documentation where possible for its disagreement.
5. Notice: Lease Covenants. The Authority shall include a copy of this
policy with all of its promotional and application materials used in the Program after the
date this policy is adopted by the Authority. In addition, all leases for new tenants in
Authority Units and all leases entered into with existing tenants in Authority Units for terms
beginning after the termination of their current leases shall include the minimum and
maximum numbers of persons who may reside in the unit in accordance with this policy,
along with covenants by the tenant to comply with such minimum and maximum numbers
of residents. Once a unit is allocated, any violations of either this policy or the executed
lease terms will result in termination of tenancy. Any willful omission of information
required in the allocation process will result in immediate termination of tenancy.
6. State and Federal Law. If any provision is inconsistent with applicable law, the
provisions of the law will prevail.
PASSED, APPROVED, and ADOPTED by the Palm Desert Housing Authority, this
day of , 2017, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Jan C. Harnik, Chairman
PALM DESERT HOUSING AUTHORITY
ATTEST:
Rachelle D. Klassen, Secretary
PALM DESERT HOUSING AUTHORITY