Fort Lauderdale |
Code of Ordinances |
Chapter 9. BUILDINGS AND CONSTRUCTION |
Article IX. AFFORDABLE HOUSING PROGRAM |
§ 9-340. Definitions.
The following words, terms and phrases, when used in this chapter, shall for the purposes of this chapter have the following meanings, except where the context clearly indicates a different meaning:
(1)
Affordable means that monthly rents or monthly mortgage payments including taxes and insurance do not exceed thirty (30) percent of that amount which represents the percentage of the median annual gross income for households as indicated in subsection (8) or subsection (12) of this section. However, it is not the intent to limit an individual household's ability to devote more than thirty (30) percent of its income for housing, and housing for which a household devotes more than thirty (30) percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the thirty (30) percent benchmark.
(2)
Affordable housing means housing which at the time of sale or rental is determined by the department to be "affordable" as defined in this section.
(3)
Annual gross income means annual income as defined under the section 8 housing assistance payments programs in 24 CFR 813; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service form 1040 for individual federal annual income tax purposes. Counties and eligible municipalities shall calculate income by projecting the prevailing annual rate of income for all adults in the household as the amount of income to be received in a household during the twelve (12) months following the effective date of the determination.
(4)
Department means the sustainable development department of the city or such other department as designated by the city manager to administer the program described in this section.
(5)
Development means one or more single-family or multifamily dwellings as defined in the ULDR.
(6)
Development fees mean those fees established by the city and charged in connection with development including, but not limited to, building permit, impact, development permit and utility connection fees.
(7)
Eligible person or eligible household means one or more natural persons or a family determined by the city to be of very low income or low income according to the income limits adjusted to family size published annually by the United States Department of Housing and Urban Development based upon the annual gross income of the household. When used in this article, eligible person shall mean and include eligible household.
(8)
Low-income person or low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed eighty (80) percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever amount is greatest. With respect to rental units, the low-income household's annual income at the time of initial occupancy may not exceed eighty (80) percent of the area's median income adjusted for family size. While occupying the rental unit, a low-income household's annual income may increase to an amount not to exceed one hundred forty (140) percent of eighty (80) percent of the area's median income adjusted for family size. When used in this article, low-income person shall mean and include low-income household.
(9)
Qualified development means a development which has been determined by the department to meet the provisions of this article and fees will or have been offset. Lease qualified means qualified multifamily dwelling available for lease. Owner qualified means single-family dwelling qualifying for sale.
(10)
SHIP means the State Housing Initiatives Partnership Act enacted as F.S. §§ 420.907—420.9079.
(11)
ULDR means the Unified Land Development Regulations of the city.
(12)
Very-low-income person or very-low-income household means one or more natural persons or a family that has a total annual gross household income that does not exceed fifty (50) percent of the median annual income adjusted for family size for households within the metropolitan statistical area, the county, or the nonmetropolitan median for the state, whichever is greatest. With respect to rental units, the very-low-income household's annual income at the time of initial occupancy may not exceed fifty (50) percent of the area's median income adjusted for family size. While occupying the rental unit, a very-low-income household's annual income may increase to an amount not to exceed one hundred forty (140) percent of fifty (50) percent of the area's median income adjusted for family size. When used in this article, very-low-income person shall mean and include very-low-income household.
(Ord. No. C-98-64, § 1, 12-8-98; Ord. No. C-99-70, § 9, 12-21-99; Ord. No. C-17-28 , § 42, 9-13-17)