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HomeMy WebLinkAbout1984-R-48RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, AUTHORIZING THE FILING OF AN APPLICATION UNDER THE HOUSING AND URBAN - RURAL RECOVERY ACT OF 1983 - RENTAL REHABILITATION PROGRAM (RRP) - AS ADMINISTERED BY THE STATE OF INDIANA, INDIANA STATE HOUSING BOARD WHEREAS, under Section 17 of the United States Housing Act of 1937 which enacted through Section 301 of the Housing and Urban - Rural Recovery Act of 1983 a program hereafter referred to as the Rental Rehabilitation Program,~hi¢'h was establish~ to provide rental rehabilitation monies to States to help support the rehabilitation of privately-owned real property to be used for primarily residential rental purposes. In addition, this program is designed to increase the supply of standard housing units affordable to lower income families; and, WHEREAS, the Indiana State Housing Board has been selected as the ]indiana agency to administer the Rental Rehabilitation Program for smaller cities and towns (populations less than 50,000); and, WHEREAS, the Indiana State Housing Board has invited small cities and towns in Indiana to submit applications for the Rental Rehabilitation Program in their respective communities. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA, that: 1. The City of Jeffersonville possesses the legal authority to apply for this Rental Rehabilitation Program. 2. A written tenant assistance policy which conforms to the requirements of 511.10 (h)(2) of the Act will be adopted by the community. 3. The community will conduct and administer the Rental Rehabilitation Program in conformity with the nondiscrimination and equal opportunity requirements of 511.10 (m) of the Act. 4. All rehabilitation work will be done in accordance with Section 8 Existing Housing Quality Standards and local codes relating to housing rehabilitation. 5. The City of Jeffersonville Department of Redevelopment is authorized to file the application for the Rental Rehabilitation Program and to handle all local administrative duties associated with this program. 6. Mayor Dale L. Orem, as the Chief Executive Officer, is designated as the authorized representative of the applicant to act in connection with the application and to provide additional information as required; and, 7. The Common Council for the City of Jeffersonville, Indiana agrees to abide by any assurances as required under this Rental Rehabilitation Program. BE IT FURTHER RESOLVED that the Clerk-Treasurer of said City of Jeffersonville, Indiana, is hereby ordered and directed to give notice as provided by law. this Adopted by the Common Council of the City of Jeffersonville, Indiana loth day of December , 1984.~Z2~~ ~~_~_ v MAYOR ' · ~ Presented by me as Clerk-Treasurer to the Mayor of the City of Jeffersonville, Indiana this lOth day of December , 1984. ~ . C~ ~---"' CLERK-TREASURER ~ Approved and signed by me this lOth day of December , 1984. CERTIFICATE OF RECORDING OFFICER THE UNDERSIGNED HEREBY CERTIFIES AS FOLLOWS: 1. That he is the duly qualified and acting City-Clerk Treasurer of the Ci~ of Jeffersonville, Indiana, (hereinafter called the "Locality"), and the custodian of the records of the Locali~, including the minutes of the pro- ceedings of the Common Council of the Ci~ of Jeffersonville, Indiana (here- inafter called the "Governing Body"). 2. That the attached Resolution is a true and correct copy of a Reso- lution, including the WHEREAS clauses, as adopted at a meeting of the Governing Body held on the lOth day of December , 1984, (hereinafter called the "Resolution of the Governing Body"). 3. That the Resolution of the Governing Body has been duly recorded in the minutes of the meeting and is now in full force and effect. 4. That said meeti.ng was duly convened and held in all respects in accordance with Law and the By-Laws of the Locality. To the extent required by Law or By-Laws, due and proper notice of said meeting was given. A legal quorum of members of the Governing Body was present throughout the meeting, and a legally sufficient number of members of the Governing Body voted in the proper manner and for the adoption of the Resolution of the Governing Body. All other requirements and proceedings under Law, the By-Laws, or othe~ise, incident to the proper adoption of the Resolution of the Governing Body, including any publication, if required by Law, have been duly fulfilled, carried out, and othe~ise observed. 5. If an impression of the seal has been affixed below, it constitutes the official seal of the Locali~ and this certificate is hereby executed under such official seal and was duly affixed by the undersigned at the time this certificate was signed. If no seal has been affixed below, the Locality does not have and is not legally required to have an official seal. 6. That the undersigned is duly authorized to execute this certificate. IN WITNESS WHEREOF the undersigned has hereunto set his hand this lOth day of December , 1984- ~ ~.d.~,~ T.~ (Signature of RecOrding f~ic~r~ (Title of Recoroing Officer j ATTEST: S~ign~a~ure o~ ~~' r ' Attesting Office ) Attesting Officer CITY OF JEFFERSONVILLE, INDIANA TENANT DISPLACEMENT AND ASSISTANCE POLICY GENERAL POLICY -- In conjunction with the jeffersonville Rental Rehabilitation Program (RRP), the general policy shall be that minimal permanent displacement of any tenants shall occurs and no displacement shall occur unless absolutely unavoidable. Any lower income tenants permanently or temporarily displaced as a direct consequence of any rehabilitation assisted under the RRP Program shall be entitled to financial and advisory assistance in accordance with the following policies, which are in conformance with HUD Regulations CFR 24 511.10 (h)(2). Lower income shall be defined as 80% of the median family income for the SMSA or below. POLICY ADMINISTRATION This policy and its detailed elements shall be administered by the jeffersenville Redevelopment Commission in conjunction with the Rental Rehab- ilitation Program, and any required interpretations or further regulations to implement these policies shall be the authority of said Commission. PERMANENT DISPLACEMENT · ' 'on - "Displacement'~ shall be deemed to have occured only if (1). Definition ..... nnn ~qect is forced to move permanently from a a lower income tenan% OT ~n ~r V~vj No tenant shall project dwelling as a direct consequence of the rehabilitation. be considered displaced if offered a decent, safe and sanitary dwelling unit in the projectdwelling at an affordable rent (as defined in 24 CFR 511.10 (h) (1) (ii) (B). (2) Timel_y__~_formation - With any required displacement the tenant shall be notifed-at the e~rlie~t ~ossible time that his/her relocation from the project dwelling is necessary, and he/she shall be fully informed in writing of the reason for the displacement and need for relocation and of the relocation assist- ance available. In the case of a lower income tenant claiming forced displacement of his/her own determination without notification from others, his/her claim must be in writing and submitted to the jeffersonville Redevelopment Commission in as timely manner as possible. (3) SubsidyDiscrimination - No displacement shall be the result of any discriminat-ion b'a~ 6n the t~nt being a recipient of a government subsidy. 4 Other Discrimination - No displacement shall be the result of any () '-- discrimination based on the tenant particular race, color, religion, sex, age, handicap or national origin. rvices - All tenants (lower income and otherwise) will be (5) Advise. fy S~r~wc~ ..... =~+s in the event displacement should occur informed of possible relocation u~nu.~ as a result of the RRP project. Tenants displaced will be provided full infor- mation and counseling concerning assistance available to them, and displaced tenants will be given advisory services during the full term of the relocation process. With the advisory services tenants will be fully counseled on their rights under the local and Federal Fair Housing Laws, on finding suitable replacement dwellings,:on dwellings available in a full range of neighborhoods in the housing market area, and on financial assistance available (if any). (6) FINANCIAL ASSISTANCE: MOVING - Due to the fact that the City of jeffersonvi~le is a non~titlement~co~munity, the City will be unable to assist (financially) a displaced lower-income tenant with moving expenses unless these costs can be directly attached to the Rental Rehabilitation Program contract. If moving costs can not be attached to the Rental Rehab- ilitation Program contract, the relocation moving expenses will be the sole responsibility of the participating property owner. The City will · . location Department of the Jeffersonville Department of provide via ~ts Re . 4. .... ~-~s of moving expenses and Redevelopment information regar~,~ ~- ..... examples of standard moving allowances based on a fixed payment schedule. (7) FINANCIAL ASSISTANCE: RENTAL - For any lower income displaced tenant, the-~it~ll '~ovide rental assistance to help the tenant retain affordable rent levels through Section 8 Certificates and Vouchers as applicable, available and permitted by the Indiana State Housing Board. TEMPORARY RELOCATION Rehabilitation as much as feasible will be carried out without the necessity of tenant relocation during construction. In the event that a lower income tenant is required to move temporarily to facilitate construction, the Landlord/Property Owner will be required to provide an alternate source of housing during this time. ArrangementS for this move will be the responsibility of the Property Owner and at no cost to the tenant. If units are available, the Jeffersonville Housing Authority will assist in providing temporary housing units in one of its various units. Such unit will be provided only until the unit from which the tenant has been displaced is ready for occupancy. Again, the arrangements for this move will be the responsibility of the property owner. If at all possible, a tenant will be relocated to another unit within the complex for this temporary relocation and no further assistance will need to be provided other than assistance with the move from one unit to another. WAIVER ~If a tenant waives any part of or all offered relocation assistance, the tenant will no longer be entitled to the assistance so waived. If a blanket waiver of relocation assistance is made by a tenant, the tenant will not be entitled to any other assistance. NONDISCBIMI'~ATION Under no circumstances in ~determination of any displacement or in the provision of any tenant assistance shall any discrimination based on race, color, religion, sex, age, handicap or national origin be permitted. Any alleged discrimination in implementing this tenant policy will be referred in writing to a Fair Housing Commission for disposition. RENTAL REHABILITATION PROGRAM CONFLICTS OF INTEREST NOTE All Grantees should take steps to assure that conflict of interest related to projects involved in the Rental Rehabilitation Program are avoided. A conflict of interest occurs when an employee, agent, consultant, officer, or elected or appointed offical of the grantee (City of Jeffersonville) who receives a rental rehabilitation grant, and who is involved in the rehabilitation project activities. A conflict of interest may also occur when an employee is in a position to participate in decision making process, gain inside information, obtain a personal or financial interest or benefit, or has an interest in a contract, subcontract or other agreement pertaining to the project. This applies to the employee or those with whom they maintain family or business ties during their tenure or one year after. Department of Redevelopment Housing Authority City of jeffersonville ¢ 1701 Sprin§ Street Jeffersonville, Indiana 471:30 (812) 283,-7984 TO: Mayor Dale L. Orem and Jeffersonville City Council FROM: SUBJECT: Carroll G. Gowens Executive Director Rental Rehabilitation Program DATE: December 4, 1984 . On November 16, 1984 a pre-application for the City's participation in the Rental Rehabilitation Program was submitted to the Indiana State Housing ~,iBoard. On December 1, 1984 notification was received that jeffersonville has b~en selected as one of the communities to submit a full application ~or the Rental Rehabilitation Program sponsored by the Department of Housing ~nd Urban Development and administered in Indiana by the Indiana State Board. of Redevelopment is in'the process of preparing this application. The program design being considered for jeffersonville is a Repayable Deferred Payment Loan. This technique allows the community to provide monies 'For rehabilitation assistance to persons owning rental property in the designated project area but requireS a repayment of the loaned money thus eliminating :i~,~,!give away" money to private investors. Attached is a copy of the project area mad for your review. The full application is due to the Indiana State Housing Board on December 18, 1984. Prior to that date a Tenant Assistance Plan and a Resolution authorizing the filing of the application will need to be accepted by the Mayor and City Council. If you have.anY questions regarding this program, please feel free to contact me. "Progress Through Community Development" 'STATE OF INDIANA INDIANA STATE HOUSING BOARD 1984 - 1985 Rental Rehabilitation Program Introduction The' Rental Rehabilitation Program (RRP), operated as a demonstration for the past two years, has now been enacted as part of the Housing and Urban - Rural Recovery Act of 1983. The Program is de- signed to provide affordable, standard, rental housing for lower income families at minimum cost. The approach used is a split-subsidy approach, combining features of the Section 8 Existing and Mod- erate Rehabilitation Programs. One side of the subsidy is financial assistance to the property owner for the rehabilitation itself. The other side is the subsidy assistance to eligible families in the form of Section 8 Certificates or Vouchers. ~, in each of Fiscal Years 1984 and 1985, $.~50 million will be available to general local govern- ments and states for the rehabilitation assistance. In tandem with that, 30~000 ~'~e¢~ion 8 Certificates and V. oac. l~rs will be set aside for tenant subsidy in each year. This works out to one Certificate/Voucher for ea__ch g.5;000 in rehabilitation assi~sstance., . . - e Rental Rehabilitation grants are made on a formula basis to cities with populations of o0,000 or ruer States also have the option of administering this program for smaller cities and towns. Most states have opted to do so, including Indiana. Key Elements of the Program · Focus and Scope Program grant funds may be used only to finance the rehabilitation of privately-owned, primarily resi- dential rental property. In order to ensure the presence of private funds, RRP grants are limited to 50c~ of the rehabilitation costs and cannot exceed $5,000 per unit. e Lower - Income Benefit In order to assure maximum benefit to families in need, 70 to 100 percent of the rehabilitated unit~ must be initially occupied by lower- income tenants. Indiana has assured the U.S. Department of Housinl and Urban Development that at least 70% lower income benefit level will be maintained. * Neighborhood Selection Also required by regulation, grantees must target all RRP assistance to fairly stable, lower -incom neighborhoods (i.e., with a median income at or below 80% of the median for the area). This program not intended for neighborhoods that are gentrffymg. ® Free Market Rents After rehabilitationl the rents must be affordable to Iow income families and should remain so for five-year period. The rehabilitation subsidy is designed to ensure this affordability, without imposition Fair Market Rental ContrOls. In fact these controls will not be allowed, unless already in place by loc ordinance. '* Eligible Rehabilitation Grant funds may only be used to correct substandard conditions and make essential improvement Each finished unit must meet Section 8 Housing Quality Standards and will be reinspected annually to ~ sure maintenance of this condition for the units which are under HAP Contract. * Certificate Mobility Property owners are only guaranteed tenants with Section 8 subsidy at "initial occupancy" for vac; units. Eligible families who currently reside in the project can also opt to use their subsidy in the n, rehabilitated un!ts.After }he first year' these families are free to take their assistance elsewhere. · Displacement The purpose of this Program is to cause moderate rehabilitation in viable but aging neighborhoods, with a minimum of resident relocation. No displacement can occur, unless affected families are given the means to obtain alternate, standard housing. In practice, this assistance will take the form of a Section 8 Certificate or Voucher. · Affirmative Marketing By federal regulation, gra~ntees are required to ensure that assisted units are marketed to those minor- ity groups least likely to apply in the normal market place. This legal responsibility will rest with the gran- tee community, and must be incorporated in the RRP assistance agreement between the community and the property owner. Grant Criteria The State of Indiana, through the Indiana State Housing Board, is making available RRP fnnding to communities that meet these threshold criteria: 1) Community must be eligible for the State Program, as determined by HUD. 2) Must have adequate local staff expertise to administer the Program and monitor completed units for the required time period. 3) Must be able to package a Program of reasonable size. Priority will be given communities that present proposals of at least 20 units. Application Process/Timetable The Housing Board will conduct RRP funding competition, among eligible communities, utilizing a two step application process: 1) Community Proposal - In this document, a community presents its Program Description, including the prescribed fourteen (14) elements and the applicable certifications. This information is to be presented on the attached RRP - i Application format. As also provided, the applicant community must adequately describe its capacity to administer the Pro- gram, and its past experience in managing housing programs, especially those involving rehabilitation. 2) Those applicants selected for project funding consideration on the basis of their Community Proposal, will be asked to submit their Project Application(s). This information is to be submitted on the attached RRP - 2 Application format. Funding decisions will be made on the basis of this competition. For the 1984 - 1985 cycle, the timeta- ble is as follows: October 9-10, 1984 - Workshop. (all potential RRP applicants) November 16, 1984 - Community Proposals Due November 30, 1984 - Indiana State Housing Board Requests Project Applications. December 18, 1984 - Applications Due January 7, 1985 - Grant Awards Announced. December 31, 1985 - All Projects Completed. · indiana State Housing Board Technical Assistance As the State Agency responsible for distribution of RRP funding to eligible units of local government. the Housing Board staff will consult with and supply technical assistance to those communities that wish to apply. 4 · GOLFVIEW ESTATE,' /~, (Tinted . ./' (Tinted NEW ~ ~,--'~-~ · ~ DOWNS (Home of the Kentuc~ ~~' ~ ATTACHMENT C 'UBUSHER'S NOTIFI~ON: ~ K. o. s,,~a~y COPYRIGHT~ K.D, STEARLEY