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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 Y HOUSG AUTO Ni HE,lI a: I 111�t fi IGei V}� .Fic.; -11 itt, city ml cis 1L- r, gic is Iar) A (nCS: lkne, 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