RESOLUTION 84-17943 RESOLUTION NO. 84-17943
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 FISCAL YEAR 1985 ALLOCATION, UNDER THE RENTAL
REHABILITATION PROGRAM.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH:
WHEREAS, the Rental Rehabilitation Program was enacted on
November 30, 1983, and is designed to assure an adequate supply of standard housing
affordable to low income tenants; and
WHEREAS, on September 11, 1984, the City of Miami Beach received funding
approval from HUD for Fiscal Year 1984 allocation in the amount of $335,100 and the City
is currently implementing a program for the use of the funds; and
WHEREAS, HUD has now published a notice of allocations for Fiscal Year 1985
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 $329,000, and as a condition the City has to prepare and submit
a Program Description to HUD for its approval;
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Program Description for Fiscal Year 1985
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 $329,000, and to execute the proper documents to be required.
PASSED and ADOPTED this 5th day of December , 1984.
MAYOR
Attest:
FORM APPROVED
LGA
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Date I g
CITY CLERK
RENTAL REHABILITATION PROGRAM
FISCAL YEAR 1985 ALLOCATION
PROGRAM DESCRIPTION -
December 5, 1984
1. PROGRAM ACTIVITIES
Under the CDBG Program, the City has developed and implemented a Multi-Unit
Rehabilitation Program. It has been successfully tested during its two years of
operation. The concepts of the program, although developed before 1982, included
most of the goals and efforts under the HUD Demonstration Program. In fact, the
City's Rehabilitation Program and the Demonstration Program were so closely aligned
in concept and design that with only a very minimum amount of modification to the
City's program, Miami Beach was able to implement its participation in the second
round of the Demonstration.
Some of the more salient features of the City's program include:
a) The separation of the subsidy for the building from the subsidy for the
tenant;
b) The maximum effective and efficient use of public funds through proper
neighborhood selection, leveraging arrangements with private lending (
institutions, and streamlined administration procedures;
c) After rehabilitation market rents which are affordable to low-and
moderate-income tenants (within FMRs) through proper neighborhood
selection and reasonable rehabilitation construction standards.
The existing program uses the discounted interest subsidy method to write down the
capital costs of financing the rehabilitation. It presently offers fixed interest rates at
six (6%) and ten (10%) percent. The higher rate applies when refinancing of existing
debts is included.
For the Rental Rehabilitation Program, Miami Beach is using most of the existing
policies and procedures already established for the City's Rehabilitation Program.
Changes have been made where necessary, in order to comply with the requirements of
the new program. Also, the City will analyze and may consider changes in the terms
and conditions in the method that rehabilitation assistance is provided.
Inquiries and interest in rehabilitation activities have increased substantially in the
City during the last year and a large number of applications have been submitted in
consideration for funding under the existing program.
Based on experience obtained from previous projects it can be assumed that the
amount of an average subsidy per unit will be $4,500.
Funding allocated for Miami Beach under this program for FY 1985 amounts to
$329,000. The City projects that these funds will rehabilitate 60-80 units contained in
three to four buildings.
2. NEIGHBORHOOD SELECTION
Rental Rehabilitation Proposals will be accepted from the following Census Tracts:
42, 43, 44, 40, 41.01, and 39.01. 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%
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of the median income of the Miami-Hialeah MSA. Once proposals are received,
analysis will be undertaken at the Census block group level to confirm the localized
consistency with program eligibility criteria.
The following is a table of the median incomes, mean contract rents, and affordable
rents for the selected neighborhoods:
Median income for the MSA: $25,100
80% of median income for the MSA: $20,080
Census Median Affordable Mean Contract
Tract Income Rent/Month* Rent/Month
39.01 $ 13,242 $ 331.00 $ 234.00
40.00 15,516 388.00 284.00
41.01 14,256 356.00 303.00
42.00 11 ,735 293.00 256.00
43.00 10,933 273.00 223.00
44.00 9,369 234.00 191.00
Affordable rent is defined as the maximum affordable rent for a household
earning an income equal to the median income of the corresponding Census Tract
or Block Group. The affordable rent is calculated as 30% of the median yearly
income converted to a monthly equivalent.
Also contributing to the conclusion that the selected neighborhoods will remain at
least as 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 homogenous 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.
4. A comparison of average rents provided by the 1980 Census to a 1984
survey of rents within the selected neighborhoods has revealed little
change in rents over the last four years.
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:
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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 will be 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 will be provided
to permanently displaced lower-income families. If an eligible family
wishes to move into a vacant unit, and Section 8 assistance and/or vouchers
is not available, then a lump sum payment will be 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 which defines how relocation benefits will be provided.
d) Point System
Proposals which contain a higher percentage of lower-income tenants may
receive preference in the evaluation system.
4. USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES
4.1 Nature of the Housing Stock in Miami Beach
The existing rental housing stock in Miami Beach is comprised of a very small
percentage of units containing two or more bedrooms. Due to this fact, the
reservation of 70% of the Rental Rehabilitation Grant for units containing two or
more bedrooms would present a problem to the implementation of the program.
The following list of survey results and census data indicates the extremely small
percentage and absolute number of rental units in Miami Beach containing two or more
bedrooms:
a) A 1976 survey of 808 units (of an estimated 22,789 total units) within the
area of Miami Beach between 6th and 16th Street, indicated the following
unit type distribution:
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TYPE OF UNIT PERCENT NUMBER
Efficiencies 48.9 11,144
1 Bedroom 43.1 9,822
2 Bedrooms 3.9 889
3 Bedrooms 0.6 137
Hotel Rooms (considered as singles) 3.5 798
TOTAL 100% 22,790
(The area from 6th Street to 16th Street generally corresponds to the former Flamingo
NSA and is the area which has been the focus of most past and current CDBG
activities. It is expected that portions of this area will also be included as an eligible
neighborhood under the Rental Rehabilitation Program).
b) The types of newly constructed multi-family housing throughout the City
Y
during the period of 1970-1979 also reflects the long standing market
demand for smaller unit housing:
TYPE % OF TOTAL UNITS
Efficiency 11.1
1 Bedroom 66.3
1 Bedroom & Den 6.9
2 Bedrooms 12.9
3 Bedrooms 2.8
Source: Miami Beach Economic Development Department, based on
building permit records, 1970-1979.
c) Also indicative of the preponderance of small rental unit sizes is the 1980
Census of rental household size:
RENTERS
NUMBER PERCENT
1 - Person 24,239 58.7
2 - Persons 13,103 31.7
3 - Persons 2,253 5.5
4 - Persons 1,054 2.6
5- + Over 630 1.5
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The average renter household size is 1.6. The small average rental household size is
due to the high percentage of elderly residents. According to the 1980 Census, the
median age of Miami Beach residents is over 65 years.
d) Over the life of the City of Miami Beach CDBG Multi-Unit Rehabilitation
Program, the following is an overall unit type profile of buildings which
have been submitted for rehabilitation assistance:
TYPE NUMBER
(BEFORE/AFTER REHAB*)
Efficiency 279/216
1 Bedroom 85/101
2 Bedrooms 2/11
3 Bedrooms 0/0
*Proposed
e) Based on 1980 Census data provided to the City by the Department of
HUD, the City's current Three Year Housing Assistance Plan identifies the
following percentage distribution of housing need by household type:
TYPE PERCENT OF NEED
Elderly 77%
Small Family 22%
Large Family 1%
These factors provide strong evidence of an existing rental housing stock which is
composed primarily of efficiency and one bedroom units. Overall, two or more
bedroom units probably comprise less than 5% of the housing stock. Given these
factors, it is unrealistic to establish a fixed goal of expending 70% of rental
rehabilitation funds for units containing two or more bedrooms.
4.2 Request for Waiver of the Use of 70% of Funds for the Rehabilitation of Units
Containing Two or More Bedrooms
In view of the conditions of the City's housing stock and in anticipation of what can
reasonably be achieved after marketing and outreach efforts are conducted, it is
proposed that the above goal be lowered to 25%.
The 1980 Census and other survey data indicates that the City's rental housing stock
(within the designated neighborhoods) has a unit type distribution made up of only
between four percent to seven percent of units containing two or more bedrooms. The
proposed goal of expending 25% of Rental Rehabilitation funds to rehabilitate such
units is significantly lower than the percentage called for by the program regulations.
However, assuming rehabilitation proposals would normally reflect the make-up of the
housing stock, the 25% goal will require an allocation of funds for two or more
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bedroom units in an amount three or four times what would normally be expected. The
Community Development Division is confident that its outreach efforts will be
sufficient to accomplish this goal.
4.3 Provision of Units for Families Requiring Three or More Bedroom Units
The following efforts will be made to solicit proposals to rehabilitate units containing
three bedrooms:
a) A request for proposals will be placed in a local newspaper specifying that
a priority will be given to proposals that call for rehabilitating buildings
with units containing three bedrooms.
b) Efforts will be made to identify specific buildings in need of rehabilitation
that have units containing three bedrooms.
c) Contacts with local property owners and developers, established through
the City's existing Rehabilitation Programs, will be used to communicate
the need and priority for rehabilitation proposals for buildings with units of
three bedrooms.
d) 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.
S. USE OF RENTAL REHABILITATION GRANTS FOR UNITS IN SUBSTANDARD
CONDITION THAT ARE OCCUPIED BY VERY LOW-INCOME FAMILIES
a) During the initial screening of neighborhoods to determine those areas
which meet median income requirements, neighborhoods with the greatest
percentage of very low income family households will be separately
identified. Provided other neighborhood selection criteria are met, these
neighborhoods will be given priority in the selection process.
b) 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.
c) It is also anticipated that efforts described in Part 2 of the 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.
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6. SELECTION OF PROPOSALS
Under the City's Rehabilitation Program, approval and selection of proposals is made
by the Loan Review Committee. 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 respresentative
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) Average cost of major repairs per unit;
e) Impact of rehabilitation of the project on neighborhoods;
f) Historic Preservation: significance of the structure and consistency of the
proposed rehabilitation;
g) Additional objectives, such as management and number of units with two or
more bedrooms.
Based on the above point system, information provided in the application form, and
additional documentation, each proposal is then evaluated by the Loan Review
Committee.
For the Rental Rehabilitation Program, the above selection procedure will also be
followed. New items will be incorporated into the point system to provide for such
items as:
a) Priority for units in substandard condition which are occupied by very low
income families;
b) 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;
c) Priority for projects proposing the highest percentage of funds to benefit
lower-income households; and
d) Adequate maintenance and operation of rehabilitated projects.
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7. FINANCIAL FEASIBILITY
Under the existing City's Rehabilitation Program, CDBG funds are used to reduce the
interest rate on a loan offered by a lending institution, to an agreed 6% or 10%
effective rate. 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 loan agreement is
executed by the parties, and the interest subsidy payment is made by the City to the
lender. After closing, procedures will be followed by the lending institution, with the
City monitoring for compliance with federal regulations.
Existing loan leveraging arrangements have been established with several lenders. The
City always welcomes new participating lenders who are willing to offer loans under
the terms and conditions of the program.
Therefore, by using the same interest subsidy approach for the financing of the Rental
Rehabilitation Program, the feasibility is assured. Lenders, already familiar with this
method, will be offering loans in a timely manner.
8. NEIGHBORHOOD PRESERVATION
The rehabilitation and reuse of existing private rental properties is an integral part of
neighborhood preservation. Often, 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 will achieve such by encouraging public-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.
The program will have 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 the Program Description, it is projected that 60-80 units
contained in three to four buildings will be rehabilitated with FY 1985 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
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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; up to one voucher or certificate for each $5,000 of Rental
Rehabilitation Grant received by the City).
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 11063 which directs all departments and agencies
receiving Federal financial assistance to take all action 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 the benefits 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 1-lousing 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 businesses,
including owners, and shall annually assess the results of such efforts to
further aid in developing methods of encouraging the use of these
businesses.
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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 City has contracted with the Community Housing Resources Board, Inc. to provide
support services to individuals in the area of fair housing practices. It is proposed that
suchagreement continue with the board, which is the only local agency providing fair
housing services.
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. This advertisement, and all advertisements
thereafter, shall include and prominently display, the official Fair Housing
and Equal Opportunity slogan or logotype.
b) The City shall prepare a press release informing property owners of the
availability of financial assistance through the Rental Rehabilitation
Program. This release shall be submitted to local newspapers and
television stations and shall display the Fair Housing and Equal Opportunity
slogan or logotype.
c) The City shall, within a reasonable time after units in the project are
completed, and quarterly thereafter, place an announcement in the "CD
Newspage" informing the public of Federal fair housing laws and the toll
free number to call if they believe that they have been discriminated
against in housing opportunities.
d) Upon request the City shall provide informational and referral assistance
to tenants and property owners regarding fair housing laws.
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e) The City shall have available for tenants and property owners copies of all
applicable Federal fair housing laws and shall announce the availability of
such in April of each year through the "CD Newspage".
f) The City shall make available to all participating 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.
g) The City shall assure its commitment 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" (Appendix 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.
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Local sources for compliance with required special outreach efforts include, but are
not limited to:
1. 6th Street Community Center
2. Miami Beach Public Housing Authority
3. Community Housing Resources Board, Inc.
4. The Community Development Division, City of Miami Beach
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 marketing activities 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, an
assessment of such compliance, and any corrective action taken.
11.7 Assessment of Affirmative Marketing Efforts
Compliance with these requirements shall be based 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.
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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 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:
A determination of ineligibility or debarment from any further assistance under the
program until the City is satisfied that the affected owner will comply with the
requirements pursuant to the Affirmative Marketing Policy.
12. ORGANIZATIONAL STRUCTURE
Name: City of Miami Beach
Community Development Division
Address: 1700 Convention Center Drive
Miami Beach, Florida 33139
Telephone No. (305) 673-7260
Contact
Person(s): Shirley Taylor-Prakelt, Community Development Director
Jorge Fernandini, Housing and 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 certificates and/or vouchers in support of the
Rental Rehabilitation Program.
Supplemental Information - Miami Beach Housing Authority
Mr. Murray Gilman, Executive Director
% Rebecca Towers
200 Alton Rd.
Miami Beach, Fl. 33139
(305)532-6401
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Contact Person Responsible for Administering the Section 8 Certificates and/or
Vouchers:
Mrs. Mildred Reale
% Rebecca Towers
200 Alton Rd.
Miami Beach, Fl. 33139
(305)532-6401
14. MAXIMUM RENTAL REHABILITATION GRANT PER UNIT -
The amount of rental rehabilitation grant for any project will not exceed 50 percent of
the total cost of the rehabilitation, or the average of $5,000 per unit.
The statement made is based on local experience developed through rehabilitation
projects already completed as well as review of other proposals. In most cases, an
average subsidy of less than $4,000 per unit was needed.
Therefore, the City is not proposing to increase the subsidy level of $5,000 per unit.
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APPENDIX 1
AFFIRMATIVE MARKETING AGREEMENT
FOR THE CITY OF MIAMI BEACH
RENTAL REHABILITATION PROGRAM
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 in whole, 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. 11625, 12432, and 12138; and all equal opportunity
rules, regulations or orders thereof.
E. Equal Housing Opportunity slogan or logotype refers to the use of the
slogan 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 its affirmative marketing
requirements...by means of an agreement with the owner that shall be
applicable for a period of seven years beginning on the date on which all
the units in the project are completed."
III. PROGRAM
The Owner who is signatory to 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, national origin, 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 herewith.
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 Hearld, 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 herewith, 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 office, 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. =
7 Fs
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
opportunties 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 years beginning on
the date on which the 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's performance
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 any other
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
STATE OF FLORIDA)
)SS Date
COUNTY OF DADE)
Representative
I HEREBY CERTIFY THAT , to me well known,
this day personally 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 said
County and State, this day of ,A.D.
19
My Commission expires:
Notary Public
State of Florida
APPROVED:
• Signature
Date
APPENDIX 2
CITY OF MIAMI BEACH RENTAL REHABILITATION PROGRAM
AFFIRMATIVE MARKETING
SPECIAL OUTREACH CONTACT LIST
Copies must be forwarded to each of the following:
City of Miami Beach
Human Services Division
1700 Convention Center Dr.
Miami Beach, Fl. 33139
Contact: Shaye M. Ross
Community Housing Resources Board, Inc.
300 East 1st Ave., Room 212
Hialeah, Fl. 33010
Dade County Community Action Agency
South Shore Community Center
833 6th St.
Miami Beach, Fl. 33139
Contact: Elena Sanchez
Miami Beach Housing Authority
c/o Rebecca Towers
200 Alton Rd.
Miami Beach, Fl. 33139
Contact: Mildred Reale
Legal Services of Greater Miami, Inc.
Northside Shopping Center
149 West Plaza, Suite 210
P.O. Box 47000N
Miami, Fl. 33147
Contact: lames Head
Metro-Dade Dept. of Human Resources
1425 N.W. 10th St.
Miami, Fl.
Contact: Jesus Rad
Neighborhood Services Center Division
140 W. Flagler, Suite 1606
Miami, Fl.
Contact: Laverne Taylor
Select two and forward copies to:
Miami Beach Apartment Association
350 Lincoln Rd.
Miami Beach, Fl. 33139
Lutheran Ministries of Florida
940 Lincoln Rd., Suite 104
Miami Beach, Fl. 33139
Contact: Laura Andrial
Jewish Family & Children's Service
7455 Collins Ave.
Miami Beach, Fl. 33141
Contact: Phyllis Erlich
Florida State Employment Services
1350 N.W. 12th Ave.
Miami, Fl.
Florida Power & Light Co.
701 Lincoln Rd.
Miami Beach, Fl. 33139
Contact: Maria Vasquez
Tenant's Association of South Florida, Inc.
924 Lincoln Rd.
Miami Beach, Fl. 33139
Landlord & Tenant's Association
940 Lincoln Rd., Suite 310
Miami Beach, Fl. 33139
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 in the City of Miami Beach; and
WHEREAS, the City of Miami Beach 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 and the Housing Authority have identified the rental
assistance needs of lower income individuals; and
WHEREAS, the City of Miami Beach has been notified of its eligibility to receive
FY 1985 allocation funds in the amount of $329,000 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 of Miami Beach 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. TheMiami Beach 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 of Miami Beach Community
Development Division, 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 1984
ATTEST:
City Clerk
Mr. Rob W. Parkins Mr. Murray Gilman
City Manager Executive Director
City of Miami Beach Miami Beach Housing Authority
ORIGINAL
RESOLUTION NO, 84-17943
(Approving and adopting a programs descrip
tion to be submitted to the U,S, Depart-
.
ment of Housing and Utban Development
(HUD) for fiscal year 1985 allocation
• under the rental rehabilitation program)
;4,