§ 90-66. Definitions.

As used in this article, the terms:

Adjusted for family size means adjusted in a manner which results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility determined as provided in the definitions of "low-income person," "moderate-income person," or "very-low income person", based upon a formula established by the United States Department of Housing and Urban Development. Students as defined herein are to be included in the calculation of family size.

Administrative expenditures means those expenditures directly related to implementation of the local housing assistance plans.

Affordable means that monthly rent and utilities or mortgage payments, insurance, property taxes, utilities, and homeowner's association fee, where applicable, do not exceed thirty (30) percent of that amount which represents the percentage of the median income for households qualifying under the definitions of "low-income person," "moderate-income person," or "very-low income person."

Annual gross income means the gross amount of wages, income from assets, regular cash or non-cash contributions, and any other resources and benefits determined to be income by the United States Department of Housing and Urban Development. This is the amount of income anticipated to be received by all adults in a household during the 12 months following the effective date of the determination. Anticipated income is generally determined by annualizing current income for the next 12 months.

Annual report or Form SHIP-AR/07 means a report required to be completed and submitted to the Corporation by September 15 of each year pursuant to F.S. § 420.9075(10).

Award means a loan, grant, or subsidy funded wholly or partially by the county housing distribution.

Brevard County Housing Assistance Plan means a concise description of the Brevard County Housing Assistance Program adopted by the ordinance from which this section derives with an explanation of the way in which the Brevard County Housing Assistance Program meets the requirements of the ordinance from which this section derives and F.S. §§ 420.907—420.9079 and F.A.C. rule 67-37.

Brevard County Housing Assistance Program means the housing construction, rehabilitation, repair, and finance program adopted by ordinance and implemented by the county with the county housing distribution or other funds deposited into the county housing assistance trust fund to make affordable residential units available to persons who have special housing needs, and persons having very low income, low income or moderate income.

Brevard County housing distribution means the proceeds of the taxes collected under chapter 201 deposited into the local government housing trust and distributed to counties and eligible municipalities participating in the State Housing Initiatives Partnership Program pursuant to F.S. § 420.9073.

Brevard County Housing Partnership means the implementation of the Brevard County Housing Assistance Program in a manner that, to the greatest extent possible, includes full representation from both the public and private sector. Such partnership is not required to be a corporate or legal entity, but should involve the applicable local government(s), community-based organizations, for profit housing developers, lending institutions, providers of professional services relating to affordable housing, and service organizations working on behalf of persons with special housing needs. The term includes initiatives to provide support services for housing program beneficiaries such as training to prepare persons for the responsibility of homeownership, counseling of tenants, and the establishment of support services such as day care, health care, and transportation. The partnership shall be represented by the affordable housing advisory council, which shall serve as an advisory body on affordable housing issues to the board of county commissioners.

Catalyst means the affordable housing catalyst program as described in F.S. § 420.531.

Council means the affordable housing advisory committee appointed by the board of county commissioners to meet the objectives of the affordable housing committee created by F.S. § 420.9072. The council committee shall serve as representatives of the county housing partnership. The council shall abide by all SHIP rules pursuant to F.S. § 420.9072 and will also make recommendations to the board on the allocation of funds from the Florida SHIP Program, the federal HOME program, and other federal state and local funds which allow the county discretion in the determination of affordable housing priorities.

Debt service means the amount required in any fiscal year to pay the principle of, redemption premium, if any, and interest on bonds and any amounts required by the terms of the documents authorizing, securing, or providing liquidity for bonds necessary to maintain in effect any such liquidity of security agreements.

Default means the failure to make required payments on a financial loan secured by a first mortgage which may lead to foreclosure and loss of property ownership.

Deferred payment loan means funds provided to a borrower under terms that calls for repayment to be delayed for a certain length of time, until certain circumstances change, or a certain threshold is met.

Department means the Brevard County Housing and Human Services Department.

Eligible housing means any real and personal property located within the county or an eligible municipality which is designated and intended for the primary purpose of providing decent, safe, and sanitary residential units that are designated to meet the standards of F.S. ch. 553, for homeownership or rental for eligible persons as designated by each county or eligible municipality participating in the county housing assistance program. Housing must be within the maximum purchase price limitations as established by the United States Department of the Treasury in accordance with Revenue Proclamation 92-34 and must meet affordability requirements in order to qualify as eligible. Transitional housing and shelters shall be considered as eligible housing for eligible persons to the extent of compliance with all other eligibility and program criteria.

Eligible person means one or more natural persons, a family, or persons who have special housing needs who are certified by the local government, or its designee, to be very low-income, low-income, or moderate-income according to the annual anticipated gross income of the resident with adjustment made for family size.

Eligible sponsor means a person or a private or public for profit or nonprofit entity that applies for assistance under the county housing assistance program for the purpose of providing eligible housing for eligible persons.

Encumbered means that deposits made to the local affordable housing trust fund have been committed by contract, or purchase order, letter of commitment or award in a manner that obligates the county, eligible municipality, or interlocal entity to expend the amount upon delivery of goods, the rendering of services, or the conveyance of real property by a vendor, supplier, contractor, or owner.

Essential service personnel means pursuant to Chapter 2006-69, Laws of Florida, persons in need of affordable housing who are employed in occupations or professions in which they are considered essential service personnel, as defined by each county and eligible municipality within its respective local housing assistance plan pursuant to F.S. § 420.9075(3)(a).

Expended, or spent means the affordable housing activity is complete and funds deposited to the local affordable housing trust fund have been transferred from the local housing assistance trust fund account to pay for the cost of the activity.

Extremely low income household or ELI means one or more natural persons or a family that has a total annual gross household income that does not exceed 30 percent of the area median income adjusted for family size for households within the metropolitan statistical area, the county, or the non-metropolitan median for the state, whichever is greatest.

Foreclosure means the legal action by a mortgage holder to require repayment of a loan through the sale of the subject property.

Forgivable loan means a loan with no repayment obligation if program requirements are met for a specified period of time.

Grant means grant as defined in F.S. § 420.9071(12).

Home ownership activities means the use of the local affordable housing trust fund moneys for the purpose of providing owner-occupied housing. Such uses include construction, rehabilitation, purchase, and lease purchase financing where the primary purpose is the eventual purchase of the housing by the occupant within 24 months from initial execution of a lease agreement or within 24 months of the applicable fiscal year, whichever occurs first, to meet the requirement of eligible housing.

Interlocal entity means an entity created pursuant to the provisions of F.S. ch. 163, pt. I, for the purpose of establishing a joint local housing assistance plan pursuant to the provisions of F.S. § 420.9075(5), or for the purpose of a joint affordable housing incentive plan pursuant to the provisions of F.S. § 420.9072(5).

Loan means loan as defined in F.S. § 420.9071(13).

Low-income person means one or more natural persons or a family, not including students, that has total annual anticipated gross income for the household that does not exceed 80 percent of the median annual income for households within the county. While occupying a rental unit, a low-income person's annual anticipated gross income may increase to an amount not to exceed 140 percent of 80 percent of the applicable median income adjusted for family size for purposes of meeting the requirements of 67-37.007(9).

Moderate-income person means one or more natural persons or a family, not including students, that has a total annual anticipated gross income for the household that does not exceed 120 percent of the median annual income for households within the county. While occupying the rental unit, a moderate-income household's annual anticipated gross income may increase to an amount not to exceed 140 percent of 120 percent of area median income adjusted for family size for purposes of meeting the requirements of 67-37.007(9).

Rehabilitation means repairs or improvements which are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space.

Review committee means the committee established pursuant to F.S. § 420.9072(3)(a).

SHIP or SHIP program means the State Housing Initiatives Partnership Program created pursuant to the State Housing Initiative Partnership Act, F.S. §§ 420.907—420.9079.

State means the State of Florida.

Sub recipient means a person or non-state organization contracted by a SHIP eligible local government and compensated with SHIP funds to provide administration of any portion of the SHIP program.

Very-low income person means one or more natural persons or a family, not including students, that has a total annual anticipated gross income for the household that does not exceed 50 percent of the median income adjusted for family size for households within the county. While occupying the rental unit, a very-low income household's annual anticipated gross income may increase to an amount not to exceed 140 percent of 50 percent of area median income adjusted for family size for the purposes of meeting the requirements of 67-37.007(9).

Welfare transition program means a person or non-state organization contracted by a SHIP eligible local government and compensated with SHIP funds to provide administration of any portion of the SHIP program.

(Ord. No. 93-03, § I, 3-2-93; Ord. No. 94-12, § I, 4-19-94; Ord. No. 99-37, § I, 5-25-99; Ord. No. 08-16, § I, 5-20-08)

State law reference

Similar provisions, F.S. § 420.9071.

Cross reference

Definitions generally, § 1-2.