RESOLUTION 89-19507 RESOLUTION NO. 89-19507
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING AND ADOPTING A PROGRAM DESCRIPTION
TO BE SUBMITTED TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR THE FISCAL YEAR 1989 ALLOCATION, UNDER
THE RENTAL REHABILITATION PROGRAM, AND PROVIDING FOR THE
APPROPRIATION OF FUNDS AND THE EXECUTION OF SUBSIDY AGREEMENTS
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH:
WHEREAS, the Rental Rehabilitation Program was enacted on the 30th
day of November, 1983 , and is designed to assure an adequate supply of
standard housing affordable to low and moderate income tenants; and
WHEREAS, HUD has now published a notice of allocations for Fiscal
Year 1989 and deadlines for submission of a Program Description; and
WHEREAS, under the above referenced notice, the City of Miami Beach
will receive a new allocation of $327, 000, and as a condition for the
receipt of funds, the City has to prepare and submit a Program
Description to HUD for its approval ; and
WHEREAS, it is necessary to authorize that such funds may be
appropriated to projects as they are approved by the City's Loan Review
Committee; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Program Description for Fiscal
Year 1989 under the Rental Rehabilitation Program is hereby approved and
adopted; and further authorizes the City Manager to execute and file
said application in a timely manner to comply with applicable
regulations for, and on behalf of, the City of Miami Beach, Florida, for
an allocation amount of $327, 000, and to execute the proper documents
required. Funds will be appropriated, as necessary, to projects.
BE IT ALSO DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, that the Mayor and the City Clerk of the City of
Miami Beach are hereby authorized and directed to execute Subsidy
Agreements on behalf of the City of Miami Beach, Florida, with lending
institutions and property owners as necessary to carry out the purposes
of the Rental Rehabilitation Program.
PASSED AND ADOPTED this 18th day of January, 1989
MAYOR
ATTEST:
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FORM APPROVED
CITY CLERK LEG L DEP
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CITY OF MIAMI BEACH, FLORIDA
RENTAL REHABILITATION PROGRAM
FISCAL YEAR 1989 ALLOCATION
PROGRAM DESCRIPTION
JANUARY 3, 1989
1) PROGRAM ACTIVITIES
The existing Rental Rehabilitation Program uses the discounted interest
subsidy method, to write down the costs associated with the financing of
the rehabilitation of multi-family buildings. It presently offers fixed
interest rates at four (4%) percent.
Funding allocated for Miami Beach under this program for FY 1989 amounts
to $327 , 000. The City estimates, based on data obtained from previous
projects, that these funds will rehabilitate 40-50 units contained in
three to five buildings.
2) NEIGHBORHOOD SELECTION
Rental Rehabilitation Proposals will be accepted from the following
Census Tracts: 39 . 01, 39 . 02 , 39 . 05, 40, 41. 01, 42 , 43 and 44 . An
evaluation of the median incomes and average rents within these Census
Tracts has revealed that rents are generally affordable to neighborhood
residents. Also, median incomes within these areas do not exceed 80% of
the median income of the Miami-Hialeah MSA.
Also contributing to the conclusion that the selected neighborhoods will
remain at least stable as the market area for a five-year period, are
the following current conditions and characteristics of the housing
stock:
1. Housing conditions in the selected areas are generally
homogeneous in terms of the percentage of the housing stock
that is renter occupied, the age of housing, and types of
construction.
2 . Vacancy rates have remained relatively high, which indicates a
slackened demand for rental housing, and would allow demand to
increase without increasing rents.
3 . The rate of new rental housing construction has fallen off
considerably since the 1980-81 period.
The above conditions are not expected to change significantly on a wide
scale within the near future. Thus, rents within the selected
neighborhoods are not expected to change more rapidly than surrounding
areas.
3) LOWER INCOME BENEFIT
In order to ensure that at least 70% of the Rental Rehabilitation Grant
Amount will be used for the benefit of lower income families, the
following will be done:
a) Tenant information
The applicant will be required to provide tenant income and
rent verification forms. The City will review tenant
information and determine eligibility requirements for lower
income families. It will also establish how many families wish
to remain in the building after rehabilitation.
As a requirement to further process a proposal, the number of
families with incomes above the lower income level and wishing
to remain in the building, must be less than 30% of the number
of units after rehabilitation.
b) Marketing of units
The applicant is required to develop and provide a market
strategy to attract eligible lower income persons. Initial
occupancy of units after rehabilitation must be at least 70% of
lower income families.
c) Tenant assistance policy
As part of a tenant assistance policy, relocation benefits are
provided to permanently displaced lower income families. If an
eligible family wishes to move into a vacant unit, and Section
8 assistance is not available, then a lump sum payment is made
to the tenant. This cash payment will assist in off-setting
the difference between the rent and the tenant's level of
affordability. A specific tenant assistance policy has been
developed by the City, which defines how relocation benefits
will be provided.
4) USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES
4 . 1 Request for waiver of the use of 70% of funds for the
rehabilitation two or more bedrooms
On March 1, 1988, HUD approved a request by the City for a waiver
of the provisions of Section 511. 10 (k) of the program regulations,
which states that 70 percent of the grant amount must be used for
units containing two or more bedrooms. That requirement has now
been reduced to 30 percent (30%) of the RRP funds for such units.
We are hereby requesting that the above waiver for 30 percent (30%)
of the RRP funds also be applicable to FY 1989 program funds.
4 . 2 Provision of units for families requiring three or more
bedroom units
a) Efforts will be made to identify specific buildings in need of
rehabilitation that have units containing three bedrooms.
b) Contacts with local property owners and developers are used to
communicate the need and priority for rehabilitation proposals
for buildings with units of three bedrooms.
c) If a satisfactory result cannot be achieved after the above
efforts have been made, individual proposals may be evaluated
to determine the feasibility of converting existing efficiency
or one bedroom units to three bedroom units.
5) USE OF RENTAL REHABILITATION GRANTS FOR UNITS IN SUBSTANDARD
CONDITION THAT ARE OCCUPIED BY VERY LOW INCOME FAMILIES
a) In the review of proposals for rental rehabilitation funding,
information will be obtained regarding the household
characteristics of buildings proposed to be rehabilitated. If
occupied by very low income families, this factor will be
considered in the selection of proposals that best meet program
objectives.
b) It is also anticipated that efforts described in Part 2 of this
Program Description, which are aimed at obtaining proposals for
buildings with units containing two or more bedrooms, will also
contribute toward the objective of rehabilitating units
occupied by very low income families.
6) SELECTION OF PROPOSALS
Under the City's Rental Rehabilitation Program, approval and selection
of proposals are made by a Loan Review Commitee. This committee,
appointed by the City Commission, is comprised of three representatives
from private lending institutions and two City representatives.
Ex-officio (non-voting) members consist of a citizen representative and
the Community Development Director.
A selection criteria and point system for evaluating rehabilitation
proposals was developed, and takes into consideration such elements as:
a) Benefit to low and moderate income persons: percentage of units
and number of units made available to them;
b) Displacement or temporary relocation: negative points are given
for each relocation case;
c) Leveraging objective analysis: equity provided, private
investment, additional funding, subsidy required;
d) Priority for units in substandard condition which are occupied
by very low income families; and
e) Priority for rehabilitation of projects containing units of two
or more bedrooms, and using a large percentage of the subsidy
amount for these units, compared to other proposals.
Based on the above point system, the information provided in the
application form, and additional documentation, each proposal is then
evaluated by the Loan Review Committee.
7) FINANCIAL FEASIBILITY
Under the City's Rental Rehabilitation Program, funds are used to reduce
the interest rate on a loan offered by a lending institution, to an
agreed 4%. Once a project is selected for participation in the program,
the applicant must apply to a lender for the loan and obtain a letter of
commitment. Loan closing is established by the City and the Lender, at
which time a subsidy agreement is executed by the parties. After
closing, procedures are followed by the lender, with the City monitoring
for compliance with federal regulations. Interest subsidy funds are
disbursed during the construction phase.
8) NEIGHBORHOOD PRESERVATION
The rehabilitation and reuse of existing private rental properties is an
integral part of neighborhood preservation. In the past, rehabilitation
programs did not afford governments the flexibility needed to
specifically target grant resources in neighborhoods with the most
critical housing needs.
The Rental Rehabilitation Program achieves such by encouraging public
and private partnerships that can increase the supply of decent,
affordable rental housing for lower income tenants, while preserving
existing housing stock and revitalizing neighborhood preservation.
This program has a positive effect on neighborhood preservation by
stimulating cost-effective rehabilitation of substandard units thus
serving as a catalyst to encourage neighboring property owners to
renovate their existing housing stock.
9) SCHEDULE FOR COMMITTING RENTAL REHABILITATION GRANT AMOUNTS
As indicated in Part 1 of this Program Description, it is proposed that
40-50 units contained in three to five buildings will be rehabilitated
with FY 1989 funds.
The following schedule is proposed to be followed to commit the funds:
1st quarter ----
2nd quarter 25 percent
3rd quarter 60 percent
4th quarter 100 percent
10) NEED FOR RENTAL HOUSING ASSISTANCE
Not applicable: the City of Miami Beach will accept all certificates
and/or vouchers as specified by Section 511. 40 of the Rental
Rehabilitation Program regulations.
11) STATEMENT OF POLICY OF NONDISCRIMINATION, EQUAL OPPORTUNITY AND
AFFIRMATIVE MARKETING UNDER THE RENTAL REHABILITATION PROGRAM
11. 1 Nondiscrimination and equal opportunity
It shall be the policy of the City of Miami Beach to take all steps
reasonable and necessary to secure the nationwide goal of attaining
equal and fair housing opportunities. The City shall, in all
cases, be in conformance with the requirements of:
a) The Federal Fair Housing Law which makes discrimination based
on race, color, religion, sex or national origin illegal. The
City shall make every possible effort to eliminate
discrimination in housing by supporting the concerted national
effort to inform the public, property owners, and tenants of
their rights and responsibilities under Title VIII of the Civil
Rights Act of 1968 .
b) Executive Order 11603 which directs all departments and
agencies receiving federal financial assistance to take all
actions necessary and appropriate to prevent discrimination in
housing.
c) Title VI of the Civil Rights Act of 1964 which guarantees that
no person shall on the grounds of race, color or national
origin be excluded from participation in, be denied of, or be
subjected to discrimination under any program or activity
receiving federal financial assistance.
In enforcing such rules, regulations or orders against any property
owner found to be in violation thereof, the City shall refrain from
extending further aid under any federally funded program until it
is satisfied that the affected owner will comply with the
regulations stated herein.
In addition, the City shall make every possible effort to ensure
that grant assistance is available in conformity with the
prohibitions against discrimination and requirements of the Age
Discrimination Act of 1975; Section 504 of the Rehabilitation Act
of 1973 ; Executive Order 11246; and Section 3 of the Housing and
Urban Development Act of 1968 .
Consistent under the requirements of Executive Order Nos. 11625,
12432 and 12138, the City of Miami Beach shall make every
reasonable effort to encourage the use of minority and women's
business enterprises in connection with the rehabilitation of
rental properties funded through this as well as any other federal
grant source. Records shall be maintained on the extent of
participation by minority and women-owned business, including
owners, and shall annually assess the results of such efforts to
further aid in developing methods of encouraging the use of these
business.
11. 2 Affirmative marketing
It shall be the policy of the City of Miami Beach to administer the
Rental Rehabilitation Program and all activities relating to
housing and urban development in a manner so as to affirmatively
further the effort to promote equal and fair housing opportunities.
The City will undertake affirmative marketing activities that
inform tenants and owners about fair housing laws in an effort to
foster more diverse and vital neighborhoods, while simultaneously
making available decent, affordable housing to minorities and
families of low and moderate income.
The responsibility of exercising good faith efforts to provide
information and otherwise attract eligible persons from all racial,
ethnic and gender groups in the housing market area applies to both
the City of Miami Beach and property owners receiving federal
financial assistance through the Rental Rehabilitation Program. An
assessment of such efforts shall be made annually to ensure that
nondiscrimination and equal housing opportunity is being afforded
to all.
11 . 3 Method for informing the public, owners and potential tenants
about Federal Fair Housing laws
The City of Miami Beach will undertake the following affirmative
marketing activities to inform the community of the Federal Fair
Housing laws and of the availability of financial assistance to
improve the rental housing stock without regard to race, color,
religion, sex or national origin:
a) The City shall place in a newspaper of general circulation, an
advertisement of solicitation for owners to participate in the
Rental Rehabilitation Program. All advertisements shall
include and prominently display, the official Fair Housing and
Equal Opportunity slogan or logotype.
b) Upon request the City shall provide informational and referral
assistance to tenants and property owners regarding fair
housing laws.
c) TheCity shall have available for tenantsand property owners
copies of all applicable federal housing laws and shall
announce the availability of such in April of each year through
the "Community Development Newspage" .
d) The City shall make available to all participants property
owners a Fair Housing Poster which provides tenants with
information on fair housing laws and a toll free number to
report discrimination in housing.
e) The Cityshall assure itscommitment to fair housing practices
by joining in the nationwide recognition of fair housing
practices and adopting a resolution establishing April as "Fair
Housing Month" and announce such through local media sources.
11. 4 Affirmative marketing requirements for property owners
The property owner shall agree to abide by all Federal, State or
Local regulations relative to equal opportunity to all persons,
without discrimination as to race, color, creed, religion, national
origin, sex, marital status, age, and status with regard to public
assistance or disability.
The owner shall take specific affirmative action to ensure equal
opportunity and fair housing at least as extensive as the
following:
a) The owner shall include the official Fair Housing and Equal
Opportunity slogan or logotype in all advertisements regarding
the availability of rental units that are vacant after
rehabilitation or that later become vacant.
b) The owner shall display the Fair Housing poster in a
conspicuous place available to tenants and applicants for
occupancy so as to affirm his/her commitment to fair housing
opportunity laws.
c) The owner must certify by the signing of an "Affirmative
Marketing Agreement" (Apend ix 1) that he/she agrees to exercise
affirmative fair housing marketing whenever units become
vacant.
11. 5 Special outreach requirements for property owners
The owner shall take every reasonable step to inform and solicit
applications from persons in the housing market area who are not
likely to apply for the housing without special outreach and
advertising efforts.
The owner shall affirmatively solicit rental applications from
minorities and families of low and moderate income through
advertising directed specifically at the appropriate community or
through those sources likely to produce eligible persons from all
racial , ethnic and gender groups.
The owner shall forward copies of the advertisement, or notice
thereof, regarding the availability of vacant rental units, to
special outreach centers (Appendix 2) such as community
organizations, churches, employment offices, fair housing groups or
housing counseling agencies.
Local sources for compliance with required special outreach efforts
include, but are not limited to:
1. South Shore Community Center
2 . Miami Beach Public Housing Authority
3 . Community Housing Resources Board, Inc.
4 . City of Miami Beach Community Development Division
11. 6 Records to be maintained
Both the City of Miami Beach and the property owner shall maintain
records which describe the efforts taken to affirmatively market
rehabilitated units.
a) Property owner
1. The owner shall establish and maintain a current file of
all notices, advertisements and special outreach efforts
regarding the availability of rental units which document
his/her compliance with the use of the Equal Housing
Opportunity logotype or outreach requirements.
2 . The owner shall maintain a current file of the names,
addresses and telephone numbers of each rental applicant
referral from a special outreach source and of what action
was taken with respect to each individual. If such
individual was a willing applicant for occupancy and was
not approved for tenancy, this shall be documented in the
file with the reason therefore, along with whatever
additional actions the owner may have taken.
b) City of Miami Beach
1 . The City shall maintain a current file of all notices,
advertisements and information regarding affirmative
marketingactivities to inform the community of the federal
fair housing laws.
2 . The City shall maintain records of the extent of program
participation by eligible owners from all racial, ethnic
and gender groups, including solicitations of offers for
rehabilitation assistance and the action taken with respect
to each request.
3 . The City shall establish and maintain a file documenting
the periodic review and monitoring of an owner's adherence
to and performance under the nondiscrimination and
affirmative marketing requirements of such compliance, and
any corrective action taken.
11. 7 Assessment of affirmative marketing efforts
Compliance with these requirements shall be upon a review of the
owner's performance in exercising good faith efforts to carry out
affirmative marketing activities, including an assessment of
objectives met. In that assessment, greater weight will be placed
on the owner's demonstrated effort to provide rental housing
opportunities to those individuals requiring special outreach
efforts.
The owner, in fulfilling his/her obligations under this policy,
shall implement specific affirmative marketing steps, at least as
extensive as those prescribed above, so as to achieve maximum
results from his/her efforts to ensure equal housing opportunity.
In the event of the owner's non-compliance with the affirmative
marketing requirements or with any of said equal opportunity rules,
regulations or orders, the City shall, in accordance with the
remedies stated herein, impose corrective actions and sanctions
such as are authorized by the applicable housing and equal
opportunity laws.
12) ORGANIZATIONAL STRUCTURE
Name: City of Miami Beach
Community Development Division
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone N4 (305) 673-7260
Contact Shirley Taylor Prakelt, Community Development Director
Person(s) :
Jorge Fernandini, Housing Rehabilitation Specialist
Alina Antelo, Community Development Specialist
13) PHA PARTICIPATION
In accordance with the requirements governing the implementation of the
split-subsidy approach to the Rental Rehabilitation Program, the City of
Miami Beach and the Miami Beach Housing Authority have entered into the
attached Memorandum of Understanding (Appendix 3) . This agreement
delineates responsibilities for program implementation, and the Housing
Authority's willingness to participate in the program through the
provision of Section 8 assistance in support of the Rental
Rehabilitation Program.
Supplemental Information - Miami Beach Housing Authority
Murray Gilman, Executive Director
Miami Beach Housing Authority
200 Alton Rd.
Miami Beach, Fl 33139
(305) 532-6401
Contact person responsible for administering the Section 8 Program
Mildred Reale, Section 8 Coordinator
Miami Beach Housing Authority
200 Alton Rd.
Miami Beach, Fl 33139
(305) 532-6401
14) MAXIMUM RENTAL REHABILITATION GRANT PER UNIT
As per a June 14 , 1988 letter from HUD, the maximum subsidy per project
for the City, will be the sum of: $6, 650 per unit for units with no
bedroom, $8 , 645 per unit for units with one bedroom, $9, 975 per unit for
units with two bedrooms and $11, 305 per unit for units with three or
more bedrooms.
APPENDIX 1
AFFIRMATIVE MARKETING AGREEMENT
FOR THE CITY OF MIAMI BEACH
RENTAL REHABILITATION PROGRAM
I. PARTIES
A. The undersigned owner(s) of the
(hereinafter referred to as the Owner) and his/her
representatives whose names and signatures appear in Part VII
of this Agreement, or any representatives who may become
signatories at any time during the life of this Agreement.
B. The City of Miami Beach (hereinafter referred to as the City)
through the authorized representative(s) whose name and
signature appear in Part VII of this Agreement, or any
representatives who may become signatories at any time during
the life of this Agreement, as authorized by the City.
II. DEFINITIONS
A. Affirmative Marketing is defined as a program which undertakes
good faith efforts to provide information and otherwise attract
eligible persons from all racial, ethnic, and gender groups in
the housing market area to the available units in projects
rehabilitated, or in part, with federal funds.
B. Owner means one or more individuals, corporations,
partnerships, or other legal entities that hold valid legal
title to the property to be rehabilitated, or authorized
representatives thereof.
C. Project means one or more contiguous buildings under common
ownership and management that are to be rehabilitated with a
Rental Rehabilitation Grant, by agreement with the owner, as a
single undertaking under this Agreement.
D. Fair Housing Laws include the 1968 Federal Fair Housing Act;
Executive Order 11063 ; Title VI of the 1964 Civil Rights Act;
the Age Discrimination Act of 1975 ; Section 504 of the
Rehabilitation Act of 1973 ; Executive Order 11246 ; Section 3 of
the Housing and Urban Development Act of 1968 ; Executive Order
nos. 11265, 12432 , and 12138 ; and all equal opportunity rules,
regulations or orders thereof.
E. Equal Housing Opportunity slogan or logotype refers to the use
of theslogan or logotype "Equal Housing Opportunity" in the
advertising of all residential real estate for sale, rent, or
financing.
F. This Affirmative Marketing Agreement is intended to implement
the Department of Housing and Urban Development directive set
forth in Subpart B of the Rental Rehabilitation Program rules
and regulations regarding fair housing practices: . . . . "The
grantee (City) shall require compliance with the conditions of
this affirmative marketing requirements . . . " by means of an
agreement with the owner that shall be applicable for a period
of seven (7) years beginning on the date on which all the units
in the project are completed.
III. PROGRAM
The Owner who is signatory of this Agreement hereby agrees to adopt and
undertake the following affirmative marketing steps designed to
implement the purposes of this Agreement.
A. Fair housing practices
The Owner shall agree to abide by all federal, state or local
regulations relative to equal opportunity in the housing market
to all persons, without discrimination as to race, color,
creed, religion, sex, marital status, age, and status with
regard to public assistance or disability.
B. Advertising
1. The Owner shall include the official Equal Housing
Opportunity slogan or logotype in all classified
advertising and all other advertising (including property
for rent signage) regarding the availability of rental
units that are vacant after rehabilitation or that later
become vacant. Said slogan and logotype is provided
herein.
2 . When advertising the availability of rental units, the
Owner shall not select as his/her sole source of
advertising, a specific media (visual or auditory) which is
clearly intended to indicate exclusiveness on the basis of
race, color, creed, religion, national origin, sex, age, or
marital status. All classified notices of availability of
rental units must be published in the Miami Herald, a
newspaper of general circulation which is definable as
reasonably representing majority and minority groups in the
project area.
C. Display of posters
The Owner shall display the Fair Housing poster, as provided
herein, in a conspicuous location within the said project,
available to tenants and applicants for occupancy. Said poster
provides tenants and applicants for occupancy with information
on fair housing laws and a telephone number to report
discrimination in housing.
D. Special outreach
1. The Owner shall take every reasonable step to inform and
solicit applications from persons in the available housing
market who are not likely to apply for the housing without
special outreach and advertising efforts.
2 . The Owner shall affirmatively solicit applications from
minorities and families of low and moderate income by
forwarding copies of the advertisement, or notice thereof
(immediately upon publication) , regarding the availability
of vacant rental units, to special outreach centers such as
community organizations, employment offices, fair housing
groups, or housing counseling agencies. A list of local
sources for compliance with said outreach efforts is
provided herewith.
E. Records to be maintained
1. The Owner shall establish and maintain a current file of
all notices, advertisements and special outreach efforts
regarding the availability of rental units which document
his/her compliance with the use of the Equal Housing
Opportunity slogan or logotype.
2 . The Owner shall maintain a current file of the names,
addresses, and telephone numbers of each rental applicant
referred from a special outreach source and of what action
was taken with respect to each individual . If such
individual was a willing applicant for occupancy and was
not approved for tenancy, this shall be documented in the
file with the reason therefore, along with whatever
additional action the owner may have taken.
IV. IMPLEMENTATION
The Owner shall adopt and implement the procedures and requirements set
forth in this Agreement for affirmatively marketing units in
rehabilitated projects. Compliance with good faith efforts is effective
upon completion of the rehabilitation of said project and availability
of units for rent.
V. ASSESSMENT OF AFFIRMATIVE MARKETING EFFORTS
A. Compliance with this Agreement shall be based upon a review by
the City of the owner's performance in exercising good faith
efforts to carry out affirmative marketing activities. In that
assessment, greater weight will be placed on the owner's
demonstrated effort to provide rental housing opportunities to
those individuals requiring special outreach efforts.
B. The Owner shall agree to allow for the periodic review and
monitoring of his/her adherence to and performance under the
nondiscrimination and affirmative marketing requirements of
this Agreement, and shall, upon assessment of such compliance,
agree to abide by any and all recommended corrective action.
VI. DURATION
A. This Agreement shall be effective for a period of seven (7)
years beginning on the date on which rehabilitation of said
project is completed thus making vacant rental units available
to the general homeseeking public.
B. Compliance with the requirements set forth in this Agreement
shall constitute the good faith efforts required to carry out
said affirmative marketing activities. However, where a review
of the owner'sperformance under this Agreement at any time
during the applicable term reveals that reasonable progress is
not being made toward achieving its objectives, or in the event
of the owner's non-compliance with the affirmative marketing
requirements or with any of the said equal opportunity rules,
regulations, or orders, the City shall , in accordance with the
remedies stated herein, impose corrective actions and sanctions
such as are authorized by the applicable housing and equal
opportunity laws, including but not limited to:
1. A determination of ineligibility or debarment from any
further assistance under the Rental Rehabilitation Program,
or anyother federally funded program, until the City is
satisfied that the affected owner will comply with the
requirements pursuant to this Agreement; and
2 . Referral of said Owner to any federal, state or local
agency entrusted with the legal power to impose and enforce
corrective measures and sanctions against those found to be
in violation of fair housing practices.
VII. CERTIFICATION
Signed and sealed in the presence of:
Name of Owner
Property Address
Signature
Date
STATE OF FLORIDA )
SS:
COUNTY OF DADE )
I hereby certify that , to me
well known, this daypersonally appeared before me and acknowledged that
they will execute this Agreement freely and voluntarily for the purposes
therein mentioned.
In witness whereof, I have hereunto set my hand and official seal
at Miami, Dade County, Florida, this day of ,
19 .
NOTARY PUBLIC, State of Florida
My Commission expires:
APPROVED:
Signature
Date
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APPENDIX 3
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
MIAMI BEACH AND THE MIAMI BEACH HOUSING AUTHORITY
FOR IMPLEMENTATION OF THE RENTAL REHABILITATION
PROGRAM
WHEREAS, the two parties to this Agreement, the City of Miami Beach
(hereinafter referred to as the "City") and the Miami Beach Housing
Authority (hereinafter referred to as the "Housing Authority") are
desirous of implementing a Rental Rehabilitation Program; and
WHEREAS, the City has identified the need to upgrade the existing
rental housing stock through rehabilitation efforts necessary to bring
the properties up to acceptable standards; and
WHEREAS, the City has been notified of its eligibility to receive
FY 1989 allocation funds in the amount of $327 , 000 for the Rental
Rehabilitation Program as well as Section 8 certificates and/or
vouchers, and both parties are desirous of implementing this program.
NOW THEREFORE, THE TWO PARTIES TO THIS AGREEMENT HEREBY AGREE AS
FOLLOWS:
1. The City through the Community Development Division, will be
responsible for the design and implementation of the Rental
Rehabilitation Program, to include such areas as:
- Program development
- Marketing
- Program intake, application review and screening
- Coordination with the City's Loan Review Committee for
rehabilitation projects
- Initial and on-going inspections
- Financial management and disbursement
- Contract compliance and labor standards
- Relocation assistance (if required)
- Individual project and program monitoring
2 . The Housing Authority will be responsible to provide, issue,
administer, and monitor, Section 8 certificates and/or vouchers in
support of the Rental Rehabilitation Program, in accordance with
all applicable HUD requirements. The Housing Authority's
responsibilities shall include:
- Intake and assessment of the eligibility of all tenants for
the selected Rental Rehabilitation project buildings, for
receipt of Section 8 certificates and/or vouchers.
Full responsibility for administering the receipt of such
Section 8 certificates and/or vouchers in accordance with
applicable HUD guidelines, to eligible tenants.
Submission of quarterly reports to the City's Community
Development Dlvision, on the disbursement of all certificates
and/or vouchers to Rental Rehabilitation project tenants, to
commence when the certificates and/or vouchers are issued.
Such reports shall list the number of certificates and/or
vouchers issued to each project site by: name, address,
bedroom size, ethnicity, female head of household, and whether
or not the tenant is an elderly household. Reporting on the
certificates and/or vouchers after the first year of issuance,
shall be annually thereafter for up to seven (7) years.
- On-going program monitoring in accordance with the Section 8
certificate and/or voucher program guidelines.
THIS AGREEMENT ENTERED INTO THIS DAY OF 1989
ATTEST:
City Clerk
Rob W. Parkins Murray Gilman
City Manager Executive Director
City of Miami Beach Miami Beach Hsg. Authority
RENTAL REHABILITATION PROGRAM
CERTIFICATIONS
The City of Miami Beach certifies that:
(1) The submission of this Program Description is authorized under
local law, and the City possesses the legal authority to carry
out the Rental Rehabilitation Program described herein, in
accordance with 24 CFR Part 511;
(2) The City's Rental Rehabilitation Program was developed after
consultation with the public and its description of program
activities in the "Program Activities" section of this Program
Description has been made available to the public;
(3) The City's lower income benefit standard is hereby reduced to
70 percent (70%) as provided by 24 CFR 511. 10 (a) (2) . The
discussion of lower income benefit in this Program Description
contains a specific explanation of the reasons why this
reduced benefit standard is necessary, which explanation
complies with 24 CFR 511. 10(a) (2) .
(4) The City has adopted a written tenant assistance policy
conforming to the requirements of 24 CFR 511. 10 (h) (2) , and
such policy will be made available to the public on request;
(5) The City will conduct and administer its Rental Rehabilitation
Program, in conformity with the requirements of 24 CFR
511. 10 (m) ;
(6) The City will conduct and administer its Rental Rehabilitation
Program, in accordance with the requirements of 24 CFR Part
511; and
(7) Its notification, inspection, testing and abatement procedures
concerning lead-based paint comply with 24 CFR 511. 11.
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