§ 11.5-56. Designation and establishment of local housing partnership.

(a)

There is hereby created, the Okaloosa County Local Housing Assistance Partnership, hereinafter referred to as "the partnership," which shall support and assist in the development of the strategies, approaches and plans associated with the implementation of the Okaloosa County Housing Assistance Program, hereinafter referred to as the program, and shall ensure utilization of SHIP funds in conformity with the provisions of Chapter 420.907-9079, Florida Statutes, and Rule 9I-37, Florida Administrative Code. Said program requirements and guidelines shall be created and implemented by the partnership, which shall be comprised of not more than 20, but, not less than ten members representing the various entities delineated in Rule 9I-37.009, Florida Administrative Code. The members shall be appointed by mutual action of the county board of commissioners, and the Fort Walton Beach City Council. All meetings of said partnership shall be open to the public and shall be in accessible locations within the county. The program requirements and guidelines describing the utilization of SHIP funds shall be adopted by the board and city council upon recommendation of the partnership. The partnership shall implement the program in a manner that provides support services for housing program beneficiaries such as training to prepare persons for the responsibility of homeownership, counseling of tenants, and the establishment of support services such as day care, health care, and transportation.

(b)

In implementing the Local Housing Assistance Program the local housing partnership shall ensure:

(1)

Advertise the availability of a housing assistance program in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of any application period.

(2)

Adopt a maximum award schedule or system of awards to comply with the following criteria:

a.

65 percent of the total SHIP funds shall be reserved for homeownership for eligible persons.

b.

75 percent of the total SHIP funds shall be reserved for construction, rehabilitation, or emergency repair of eligible housing.

c.

The sale price of new or existing eligible housing shall not exceed 90 percent of the median area price for the area where the eligible housing is located as established by the United States Department of Treasury in accordance with Section 3(b)(2) of the United States Housing Act of 1937.

d.

All units constructed, rehabilitated, or otherwise assisted with program funds shall be occupied by very low-income, low-income, or moderate-income persons and persons who have special housing needs. At least 30 percent of units must be occupied by very low-income persons and at least another 30 percent by low-income persons. The remainder shall be occupied by persons who have special housing needs, very low-income, low-income, or moderate-income persons.

e.

The amount of monthly mortgage payments or the amount of monthly rents charged by the eligible sponsor or its designee must be affordable to eligible persons.

f.

Loans shall be provided for periods not exceeding 30 years except for deferred payment loans or loans that extend beyond 30 years which continue to provide eligible housing for eligible persons.

g.

Eligible owner-occupied housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be subject to subsidy recapture provisions which are identical to those specified in section 143(m) of the Internal Revenue Code of 1986.

h.

Eligible rental housing constructed, rehabilitated, or otherwise assisted from proceeds provided from the Local Housing Assistance Program shall be reserved for eligible persons for the greater of 15 years or the term of the assistance, whichever is longer. Eligible sponsors who offer eligible rental housing for sale before 15 years or that have remaining mortgages funded under the Local Housing Assistance Program must give a first right of refusal to eligible non-profit organizations for purchase at current market value for continued occupancy by eligible persons.

i.

The cost per unit and the maximum cost per unit for eligible housing benefitting from awards made pursuant to the Local Housing Assistance Program shall be established by resolution of the board of county commissioners.

j.

The city and county must jointly develop a qualification system for applications for awards consistent with the intent of its Local Housing Assistance Program and Sections 420.907—420.9079, Florida Statutes.

k.

The local housing partnership shall, through the local administrative entity, annually monitor and determine tenant eligibility and amount of subsidy for rental projects/developments pursuant to the provisions of this article, Sections 420.907—420.9079, Florida Statutes, and Rule 9I-37, Florida Administrative Code.

(Ord. No. 93-13, § VI, 4-13-93)