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AGENDA
CITY COUNCIL WORK SESSION
November 19, 2019
4:00 PM, City Council Chambers
130 S Galena Street, Aspen
AGENDA AMENDED 11/18/2019
I.WORK SESSION
I.A.City Council / Mayor Board Reports and Discussion
I.B.APCHA Proposed Guideline Changes
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MEMORANDUM
TO: Mayor and City Council
FROM: Sara Ott, City Manager
MEMO DATE: November 18, 2019
MEETING DATE: November 19, 2019
RE: APCHA Guideline Changes
REQUEST OF COUNCIL: The Aspen City Council representatives to the APCHA Board
seek City Council’s input regarding proposed APCHA Guideline changes. There is not
intention for the City Council to get through and opine on all proposed changes, but
particular attention is requested on the penalties and fine schedule, as the APCHA Board
will consider adoption of the fines on November 20, 2019. Discussion will be led by
Council Member Mesirow. Moving forward, time will be set aside at least once per month
for City Council to discuss the activities of the APCHA Board.
SUMMARY AND BACKGROUND: Through 2019, City Council has considered and
supported the appointment of a hearing officer and establishing a fine schedule for
enforcement of APCHA’s guidelines. These changes to the enforcement process allow
APCHA compliance cases to utilize tiers of penalty, based upon the severity and
frequency of violation(s) of the APCHA guidelines. Further, APCHA staff are preparing
for a more in-depth community engagement process on proposed changes the guidelines
in 2020.
DISCUSSION: City Council may wish to structure its discussion around a few areas.
1. What does the Council desire from APCHA’s public outreach process on guideline
changes?
2. Which, if any, specific guidelines changes does the Council wish to provide input
regarding to its representatives to the APCHA Board?
3. Does the Council have any direction for its APCHA representatives regarding the
proposed violation fine schedule?
FINANCIAL IMPACTS: No financial impacts have been identified at this time.
RECOMMENDATIONS: This is a Council led discussion. City staff will be available for
any support requested. Additionally, the APCHA senior staff and APCHA Board chair
have been invited to attend this work session, and any future work sessions, regarding
Council’s preparations for APCHA’s public hearings.
Attachments: APCHA Board Work Session Packet Materials from Nov. 14, 2019
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APCHA Board Meeting Packet Materials from Nov. 20, 2019
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AGENDA
WORK SESSION OF THE APCHA BOARD OF DIRECTORS
THURSDAY, NOVEMBER 14, 2019
Location: BOCC Meeting Room, Pitkin County Administration and Sheriff’s Office Building
530 East Main, Aspen, Colorado @ 2:30 p.m.
2:30 – 4:30 General review and discussion on Aspen/Pitkin Employee Housing Regulations (fna
Guidelines)
NEXT MEETING: NOVEMBER 20, 2019
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POLICY MEMO - WORKSESSION
TO: APCHA Board
FROM: Cindy Christensen, Deputy Director
THRU: Mike Kosdrosky, Executive Director
MEETING DATE: November 14, 2019
RE: Amendments to the APCHA Regulations
PURPOSE:
Attached is a “redline” version and a “final (clean)” version of the recommended changes to the
Aspen/Pitkin Employee Housing Regulations (fna the Guidelines). These changes are intended to
eliminate regulatory inconsistencies and improve overall program performance.
Sections unrelated to policy have been eliminated and will eventually be published on our website
(e.g. “The History of APCHA”). At this point, the document has not been reviewed for grammar or
formatting. Such edits will be made prior to scheduling 1st Reading and Public Hearing.
BACKGROUND:
The APCHA Board asked staff to schedule a work session to review the proposed amendments to
the document.
DISCUSSION:
The major policy changes are as follows:
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3 The document has been renamed to “Employee Housing Regulations”.
4 Part II is now Part I.
Section 1, Mission Statement, has been changed with goals moved to a separate section.
Section 2 has been added and states APCHA’s goals.
5 Sections have been removed that do not pertain to policy.
9 Section 6 – minor clarifications.
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11 Part II – procedures removed.
21 Requiring a one-year operating budget to be used for a baseline for capital reserve fund from
developers.
21 Under paragraph B, the reimbursement of attorney’s fees by developers has been added.
APCHA requires review of new deed restrictions with review by APCHA’s attorney.
27 Section 1 reiterates what has been in the Guidelines for years and is also stated in the deed
restrictions. The last paragraph on page 27 states that a household can only have one packet
on file for bidding persons. In other words, a single person cannot have a packet for him/her
alone and then combine with a second person as well.
29 A statement has been added that if someone is retired and does not currently own a deed-
restricted unit, they are not allowed to now enter into the lottery. This does not affect
someone’s rental situation.
30 Minimum income has been added, along with additional documents that a self-employed
person can provide showing full-time work within Pitkin County.
31 Paragraph c has been changed to “ten years immediately prior to” retirement age to be
allowed to rent. A sentence has been added that states that any qualified retiree currently
in deed-restricted housing are exempt from the ten-year requirement. Further
“grandfathering” in can be added for those who are possibly close to the ten-year
requirement.
33 Paragraph 4, minimum earned income has been added.
34 A trust section has been added.
37 Emergency Workers – This language has been taken from a previous resolution approved by
the Board on April 17, 2019, Resolution No. 4 (Series of 2019).
43 Under Section 2B, a change has been made that allows a household to be able to bid for
their category one plus the next higher one only.
42 Transfers to family members has been changed. If someone wants to transfer to a sibling,
that person must meet all criteria – category, household size – plus at least a 10-year work
history in Pitkin County. A transfer fee of $1,000 (vs. $100) has been added.
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45 Transferring to a child and having the owner’s name removed now requires the child to meet
the minimum occupancy requirement, minus one.
A change also requires the household to remain on the deed for at least 4 years before one
of the owners is QuitClaimed off the deed or bought out.
46 Displaced resident procedure has been removed.
54 Sales fee is currently still at 2% with a $750 required at the time of listing and the balance
paid at closing. The deed restriction does state that a 1% fee is due at listing, but APCHA has
requested $600, which is non-refundable. APCHA is requesting an increase to $750, still
below the 1% stated in the deed restrictions.
55 A request to have a third-party inspection PRIOR to the seller listing is a recommended
addition. This will help in issues relating to inspection items.
61 Paragraph C1, addresses a rental whereby one of the tenants has died.
62 Further clarification has been provided relating to a dependent minor if a parent(s) has died.
67 Additional language has been added relating to changing categories if a unit is determined
to be unaffordable.
67 An owner of newly constructed unit cannot receive capital improvement credit unless the
property has is at least three years old.
Definitions (beginning on page 81):
Definition of a dependent has been changed from 24 to 19. This requested change is to ensure that
households are not qualifying for an addition bedroom when the child is not living in the home on a
full-time basis and may not return to the valley.
Qualified Retiree – Working at least 10 consecutive years prior to retirement vs. four. Add additional
language grandfathering in current tenants/owners?
Appendix A – Fine Schedule has been added.
Appendix B – APCHA Fee Schedule has proposed changes (page 97).
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APCHA GUIDELINES TABLE OF CONTENTS
PART Page
I Introduction to Aspen Pitkin County Housing Authority (APCHA) 3
II APCHA Housing Board Policies
Section 1. Mission Statement
Section 2. Affordable Housing Governance and Deed-Restriction Policies APCHA Goals
Section 3. APCHA Guidelines Applicability
Section 4. Affordable Housing Funding 5
Section 54. Affordable Housing Types and Categories
Section 65. Affordable Housing Rental and Ownership
Section 76. APCHA Eligibility
III APCHA Affordable Housing Development Policies and Procedures
Section 1. APCHA Housing Development Policy
Section 2. Legislation Governing Affordable Housing Development
Section 3. Private Sector Development Process
Section 42. Affordable Housing Mitigation of Private Sector Property Development Priorities
Section 5. Minimum Net Livable Square Footage for Affordable Housing Development
Section 63. Occupancy Policies for Newly Deed-restricted Units
Section 74. APCHA Approval and Execution of Deed Restrictions
IV APCHA Eligibility and Qualification
Section 1. Eligibility
Section 2. Qualification Procedures
V APCHA Rental Policies and Procedures
Section 1. Rental Priorities (APCHA Managed Properties)
Section 2. Rental Procedures
VI APCHA Purchase and Sale Policies and Procedures
Section 1. Application and Qualification to Purchase Affordable Housing
Section 2. Sale Listings
Section 3. Bid Process
Section 4. Lottery
Section 5. Sales Contract
Section 6. Closing the Transaction
Section 7. Sale of an Ownership Unit / Listing a Unit for Sale
Section 8. Resident-Occupied (RO) Unit Sale Policies and Procedures
Section 9. Foreclosures
VII Maintaining Eligibility, Special Review, Compliance & Grievance Policies/Procedures
Section 1. Maintaining Eligibility
Section 2. Landlord Responsibilities
Section 3. Owner Responsibilities
Section 4. Special Review Policy & Procedures
Section 5. Enforcement Policies &Procedures
VIII DEFINITIONS
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TABLES Page
I APCHA Household Income Target Levels per Category
II Maximum Gross Income and Net Assets per Household
III Maximum Monthly Rental Rates for Deed-restricted Rental Units
IV Maximum Sale Prices for Newly Deed-restricted Ownership Units
V Payment-in-lieu/Impact Fee Schedule
VI Minimum Net Livable Square Footage for Affordable Housing
VII APCHA Mitigation Standards
VIII Maximum Annual APCHA Adjustment
IX APCHA Bid Priority per Employment and Residency History
X Number of APCHA Lottery Chances for Priority Bids
APPENDICES
A APCHA Background
B APCHA List of Forms
CA APCHA Fee Schedule
DB APCHA Rental Properties/Projects
EC APCHA Ownership Properties
F Helpful Information
GD Calculating AMI Income Limits and Net Assets
HE Supplemental Guidance for Marketability Standards (2016)
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The Aspen Pitkin County Employee Housing Guidelines have been renamed to APCHA Regulations.
All documents that refer to APCHA Guidelines now refer to APCHA Regulations.
2019 GUIDELINESREGULATIONS
MISSION STATEMENT/GOAL
The goal of the Aspen/Pitkin County Housing Authority (APCHA) is to provide affordable
housing opportunities through rental and sale to persons who are or have been actively
employed or self-employed within Aspen and Pitkin County, and that provide or have
provided services to individuals, businesses, or institutional operations within Aspen and
Pitkin County (prior to retirement and/or any disability) and other qualified persons as
defined in these Guidelines, and as they are amended from time to time. - Aspen/Pitkin
County Housing Authority Goal
PART I
INTRODUCTION TO ASPEN PITKIN COUNTY HOUSING AUTHORITY (APCHA)
In 1984, the City of Aspen and Pitkin County signed an Inter-Governmental Agreement (IGA) creating the
Aspen Pitkin County Housing Authority (APCHA, APP-sha). The city and county had previously operated
separate housing programs in an effort to provide affordable housing to resident employees.
Under Colorado Revised Statutes and the IGA, APCHA was instituted as a separate multi-jurisdictional
governmental entity with powers, among others, to acquire and dispose of property, to plan, construct and
manage affordable housing, make contracts, hire employees and raise revenues to fund the program.
APCHA properties are governed in part by The Colorado Common Interest Ownership Act (CCIOA, KI-oh-
wa) setting forth policies governing Housing Authority properties and other “common interest
communities” in the state, i.e., condominium developments and certain other jointly owned properties.
CCIOA requires that a common interest community operate under a self -governing, not-for-profit Home
Owners’ Association (HOA) according to its articles of incorporation, by-laws, resolutions and declarations,
Capital Reserves policy, covenants and deed restrictions applicable under the APCHA program.
APCHA is governed by a seven-member Board of Directors (Housing Board) appointed by the Aspen City
Council (Council) and the Board of County Commissioners of Pitkin County (BOCC). The Housing Board
establishes APCHA policies. APCHA is managed and operated by an Executive Director and staff in
compliance with City of Aspen Land Use Regulations, the Pitkin County Land Use Code and APCHA
Guidelines published annually. See Appendix A for APCHA background.
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PART II
APCHA HOUSING BOARD POLICIES
Section 1. Mission Statement
The goal of APCHA is to provide affordable housing opportunities through rental and sale to persons who
are or have been actively employed or self-employed within Aspen and Pitkin County, and that provide
or have provided goods and services to individuals, businesses or institutional operations, within Aspen
and Pitkin County (prior to retirement and/or any disability), and other qualified persons as defined in
these Guidelines, and as they are amended from time to time.mission of the Aspen/Pitkin County Housing
Authority (APCHA) is to provide workforce housing for the community and local economy.
Section 2. APCHA Goals
• PROVIDE AFFORDABLE WORKFORCE HOUSING OPPORTUNITIES TO FULL-TIME PERMANENT
WORKING RESIDENTS THAT PROVIDE, OR HAVE PROVIDED, GOODS AND SERVICES TO
PERSONS, BUSINESSES, OR INSTITUTIONAL OPERATIONS, WITHIN ASPEN AND PITKIN COUNTY
IN ACCORDANCE WITH THE INTERGOVERNMENTAL AGREEMENT;
• PROVIDE AFFORDABLE WORKFORCE HOUSING OPPORTUNITIES FOR FULL-TIME SEASONAL
WORKERS;
• PROMOTE THE DEVELOPMENT AND MAINTENANCE OF HOUSING THAT IS AFFORDABLE TO
MANY ECONOMIC SECTORS OF THE WORKING POPULATION.
• PROMOTE PROGRAM TRANSPARENCY AND IMPROVED DECISION MAKING THROUGH THE
COLLECTION AND REPORTING OF ACCURATE, RELIABLE, RELEVANT AND REALTIME DATA;
• ENFORCE THE REGULATIONS OF THE HOUSING PROGRAM AND ALL DEED RESTRICTIONS;
• PROVIDE QUALITY CUSTOMER SERVICE AND REALTIME MARKET INFORMATION;
• PROMOTE A CULTURE OF OCCUPANT (OWNER AND RENTER) RESPONSIBILITY, ACCOUNTABILITY,
AND COMPLIANCE;
• ENSURE THE HOUSING PROGRAM ADDS REAL VALUE TO THE COMMUNITY AND FOR THE
TAXPAYERS;
• SAFEGUARD THE HOUSING PROGRAM AND INVENTORY FOR CURRENT AND FUTURE
GENERATIONS TO COME.
Section 23. Affordable Housing Governance and Deed-restriction Policies APPLICABILITY
THESE REGULATIONS APPLY TO Affordable housing THAT is deed-restricted housing for qualified
employees as stated in these GuidelinesREGULATIONS. Rental and ownership UNITS are restricted by
terms ensuring Housing Board policies are met.
APCHA rental and ownership housing is developed by county and city authority and managed according
to APCHA GuidelinesREGULATIONS. APCHA rental properties are leased and managed both by APCHA
and by the private sector in the form of a property management company or the owner. The majority
of APCHA ownership units are sold through APCHA and managed by a not-for-profit Homeowners’
Association (HOA) specific to the property. The HOA is responsible for maintaining common elements
of the property with the power to assess owners as necessary. APCHA tenants and owners qualify with
APCHA and occupy units under the terms of the respective lease or HOA and in compliance with deed
restrictions.
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Section 3. APCHA Guidelines
In keeping with state regulations, the Housing Board publishes Guidelines establishing the operation of
the housing program, along with creating policies and procedures for APCHA operations. Guidelines are
reviewed and amended periodically. Amended Guidelines are published annually. Amendments can be
made between publication dates due to city ordinances or county resolutions or for administrative
purposes. APCHA keeps on file all editions of Guidelines where they are located at www.apcha.org.
Section 4. Affordable Housing Funding
Affordable housing in the City of Aspen and Pitkin County is supported by funding from the city, county
and APCHA.
Revenues are raised from sources described below; and the city and county from time to time dedicate
general funds to the affordable housing program.
Private sector property developers are required to mitigate the relative impact of property
development on affordable housing needs; the resulting impact fees or conveyances help fund the
housing program.
A. City of Aspen Funding
The City of Aspen maintains a Housing Development Fund dedicated to affordable housing.
✓ A housing real estate transfer tax (RETT) of one percent (1%) is charged on the sale price
above $100,000 of private sector real property sold within the City of Aspe n. The housing
RETT has been renewed by referendum three times, most recently in 2001, and will remain
in effect until December 31, 2040.
✓ A portion of city sales tax is dedicated to housing. Affordable housing and day care programs
currently share .45% of the city sales tax as determined by Council.
✓ Payment-in-lieu, or impact fees, may be charged to private sector developers who do not
construct or convert affordable housing as part of development projects. Fees are calculated
according to a formula based on city and county land use regulations and codes.
✓ Land-in-lieu, or a conveyance of vacant property to the city or APCHA may mitigate private
sector property development requirements. Such conveyances afford APCHA and/or the city
the opportunity to acquire real property that, if not appropriate for public affordable housing
development, may be sold to fund the housing program.
✓ Under the Credit Certificate Program, a private sector developer may mitigate affordable
housing requirements by purchasing a credit equivalent to the free market value of an
affordable housing unit located in an all-affordable housing project.
B. Pitkin County Funding
Pitkin County maintains a fund dedicated to providing affordable housing. The Employee Housing
Impact Fee was created under BOCC Ordinance No. 23-2005 and amended portions of the Pitkin
County Land Use Code.
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✓ The purpose of the Employee Housing Impact Fee, known as payment-in-lieu in the city, is to
require the applicable development to pay to mitigate the impacts of development and land
use to the employee housing stock managed or controlled by Pitkin County or its housing
designee, APCHA. Fees are calculated according to a formula based on county land use
regulations and codes.
C. APCHA Funding
APCHA charges various fees and maintains an operational fund. See Appendix C for APCHA Fee
Schedule.
✓ Fees are charged for application, bid submission, requalification, processing of documents
and other administrative services.
✓ Sellers of ownership units are charged listing and transaction fees. The listing fee is a non-
refundable portion of the transaction fee.
Section 54. Affordable Housing Unit Types and Categories
APCHA rental and ownership units, including Resident-Occupied (RO) units, are located throughout the
City of Aspen and Pitkin County in public and private all-affordable housing properties and/or as
designated affordable housing units in private sector property developments.
Qualification for APCHA housing is determined according to applicant household size and maximum
gross income and net assets per category. Asset caps test an applicant’s (buyer or renter) need to
purchase or rent a deed restricted unit. They are intended to provide an equity-based solution to limit
competition for scarce affordable housing units. They are meant to address higher asset, lower income
applicants who might otherwise acquire free market or higher category housing.
APCHA housing categories are established according to household income levels. See Table I APCHA
Target Household Income Levels per Category.
Categories are further defined according to household size:
• The number of TOTAL PERSONS in a household determines household size.
See Table II for Maximum Gross Income and Net Assets per Household. per household size and
category.
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TABLE I ADOPTED JUNE 21, 2017,
APCHA RESOLUTION NO. 2 (SERIES OF 2017)
WENT INTO EFFECT MAY 14, 2018
TABLE I
APCHA HOUSEHOLD INCOME TARGET LEVELS PER CATEGORY
APCHA Housing Target Household Income Level AMI Percentage Range
Category 1 Low-Income Below 50% AMI
Category 2 Lower Moderate Income 50.1 - 85% AMI
Category 3 Upper Moderate Income 85.1 - 130% AMI
Category 4 Middle Income 130.1 - 205% AMI
Category 5 and RO Upper Middle Income 205.1 - 240% AMI
FOR THE PURPOSE OF QUALIFICATION, cCategories 6 and 7, AS DESCRIBED IN EARLIER VERSIONS
OF THE APCHA REGULATIONS have been eliminated and incorporated into category 5. The change
will not affect the maximum sales price for Category 6 and 7 homesunits. Maximum sales prices
are never guaranteed. The homesunits will continue to appreciate as permitted under their
respective deed restrictions (in most cases, 3% or the consumer price index, whichever is less, per
year, based on the purchase price [simple, not compounded]).
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TABLE II
Household Size Category 1
(50% AMI)
Category 2
(85% AMI)
Category 3
(130% AMI)
Category 4
(205% AMI)
Category 5*
(240% AMI)RO
1-person $36,200 $61,550 $94,100 $148,400 $173,350 No income limit
2-person $41,400 $70,350 $107,550 $169,600 $198,550 No income limit
3-person $46,550 $79,150 $121,000 $190,800 $223,350 No income limit
4-person $51,700 $87,900 $134,450 $212,000 $248,200 No income limit
5-person $55,850 $97,950 $145,200 $228,950 $268,050 No income limit
6-person $60,000 $102,000 $155,950 $245,900 $287,900 No income limit
Net Assets not to
Exceed*$138,000 $317,000 $419,000 $593,000 $925,000 $2,300,000
2019 Category Income Limits and Asset Caps (as of June 1, 2019)
*Categories 6 & 7 have been rolled into Category 5; Assets increased January 1, 2019
Household Size Based on
(50% AMI)
Household
Size
Based on
(60%
AMI/HERA)
1-person 36,200$ 1-person 49,080$
2-person 41,400$ 2-person 56,100$
3-person 46,550$ 3-person 63,120$
4-person 51,700$ 4-person 70,080$
5-person 55,850$ 5-person 75,720$
6-person 60,000$ 6-person 81,300$
Net Assets not to
Exceed 419,000$
Net Assets
not to
Exceed 419,000$
2019 Max. Incomes for
Truscott Phase II
2019 Max. Incomes for ACI
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Section 65. Affordable Housing Rental and Ownership
A. Rental Units
Rental units administered by APCHA are available in Categories 1 through 5 and RO, as studio units,
one-, two- and three-bedroom units and as on-site employee dormitories and units. AS PROVIDED
IN THE APPLICABLE DEED RESTRICTION, Rrental units are managed and leased by both APCHA and
the private sector. Qualification for all rentals in the APCHA inventory must be approved by APCHA.
See Part IV for APCHA eligibility and qualification and Part V for rental policies and procedures.
B. Ownership Units
Ownership units administered by APCHA are available in Categories 1 through 5, and in the
Resident-Occupied (RO) category, AS PROVIDED IN THE APPLICABLE DEED RESTRICTION. The
majority of the ownership units are marketed by and through APCHA. Qualification for all sales
units in the APCHA inventory must be approved by APCHA. Bid results are prioritized and decided
by lottery where applicable. See Part VI for purchase and sale policies and procedures.
C. Resident-occupied Ownership (RO) Units
The Resident-occupied (RO) category offers private property owners an incentive to construct
affordable housing QUALIFIED HIGHER INCOME HOUSEHOLDS THE OPPORTUNITY TO OWN
AFFORDABLE HOUSING for the benefit of the community. RO ownership policies and procedures
are subject to land use approvals and/or the deed restrictions specific to each property. RO units
predating the publication of APCHA THESE GuidelinesREGULATIONS are subject to deed restrictions
recorded with property title at the time of purchase. Other RO units are subject to deed restrictions
specific to the property as recorded and to the GuidelinesREGULATIONS.
For RO ownership qualification, Maximum Household Gross Income Levels are unlimited, and the
Maximum Household Net Assets Level is higher than other APCHA categories, or unlimited as
stated in the applicable deed restriction.
Section 76. APCHA Eligibility – RENTAL UNITS AND OWNERSHIP UNITS
TO BE ELIGIBLE TO RENT OR PURCHASE A UNIT IN APCHA’S INVENTORY, UNLESS AN APPLICABLE DEED
RESTRICTION OTHERWISE REQUIRES, ELIGIBLE APPLICANTS/HOUSEHOLDS MUST:In order to be eligible
for housing in the APCHA inventory, all persons must:
• Work full-time (1,500 hours per calendar year) in Pitkin County OR FOR A PITKIN COUNTY
EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD TOTAL INCOME IN PITKIN COUNTY;
• Occupy the APCHA unit as a primary residence AND OCCUPY THE UNIT (at least nine months
per CALENDAR year); and
• Own NO other developed residential property within the Ownership Exclusion Zone (OEZ), IN
ACCORDANCE WITH SECTION …. THIS PROHIBITION INCLUDES OWNERSHIP BY A SPOUSE OR
MEMBER OF A HOUSEHOLD;
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICATION REQUIREMENTS TO THESE REGULATIONS.
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A. APCHA Application and Qualification
To be eligible for APCHA housing, all persons must submit written application and documentation
required to verify employment/work history, household size, income and assets, and other
necessary information. History of employment/work, special needs and other factors may affect
bid priority. See GuidelinesREGULATIONS Part IV for qualification policies and procedures.
B. Maximum Household Income and Assets
Per Resolution No. 02 (Series 2017), beginning May 14, 2018, the APCHA adjusts maximum gross
income levels PER CATEGORY annually by the change in Pitkin County Area Median Income (AMI)
using Tables I and II. The maximum net assets allowed per category will increase annually based on
the lesser of the percentage change in Consumer Price Index (Urban Wage Earners) from
November of one year to November of the following year, or 3%, whichever is less. See Table II for
Maximum Gross Income and Net Assets per household for APCHA categories. See Appendix “H” for
a full explanation of the methodologies to calculate maximum gross income and net assets per
household by category.
C. Non-discrimination Policy
APCHA does not discriminate against anyone due to race, color, creed, religion (CREED), GENDER,
AGE, ancestry, national origin (ANCESTRY), sex, age,DISABILITY, marital status, physical disability,
affectional or sexual orientation, MILITARY STATUS, GENETIC INFORMATION, family responsibility
or political affiliation resulting in the unequal treatment or separation of any person; and shall not
deny, prevent, limit or ANY OTHER CHARACTERISTIC PROTECTED UNDER APPLICABLE FEDERAL,
STATE OR LOCAL LAW IN ANY OF ITS ACTIVITIES OR OPERATIONS. WE ARE COMMITTED TO
PROVIDING AN INCLUSIVE AND WELCOMING ENVIRONMENT. otherwise adversely affect, the
benefit of enjoyment by any person of employment, ownership or occupancy of real property, or
public service or accommodations.
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PART III
APCHA AFFORDABLE HOUSING DEVELOPMENT POLICIES AND PROCEDURESOVERVIEW
Section 1. APCHA Housing Development Policy
The City of Aspen, Pitkin County and APCHA are actively involved in affordable housing development
and redevelopment throughout Pitkin County to provide housing opportunities for full-time
employees. ALL DEED RESTRICTIONS FOR NEWLY CONSTRUCTED UNITS MUST BE APROVED BY APCHA
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY (CO). SEE APCHA AFFORDABLE HOUSING
DEVELOPMENT POLICY FOR FURTHER INFORMATION AND REQUIREMENTS.
A. Public and Private Sector Affordable Housing Development
Affordable housing is developed through new construction and conversion of Existing Dwelling Units
(EDUs) by the City of Aspen, Pitkin County and private sector property developers. Under city and
county land use regulations and codes, private sector developers are required to include an approved
affordable housing component in all development projects or satisfy requirements through
mitigation as described in Guidelines.
Whether in the public or private sector, affordable housing units shall conform to specifications
and requirements of City of Aspen Land Use Regulations or the Pitkin County Land Use Code as
applicable to location, and to APCHA Guidelines.
B. Affordable Housing Development Priorities
The APCHA Board has prioritized affordable housing development as follows:
Private Sector Priorities
1. Ownership: one and two-bedroom units in Categories 1, 2 or 3, with associated RO units
2. Ownership: three-bedroom units in Categories 3 and 4
Public Sector Priorities
1. Entry-level rental: one-bedroom units in Categories 1 and 2
2. Ownership: one and two-bedroom units in Categories 2 and 3
3. Ownership: three-bedroom units in Categories 3 and 4
Section 2. Legislation Governing Affordable Housing Development
In addition to Colorado state legislation and the Intergovernmental Agreement (IGA) between the City
of Aspen and Pitkin County, affordable housing development is governed by City of Aspen Land Use
Regulations found in Municipal Code Title 26 and the Pitkin County Land Use Code found in Title 8 of
the Pitkin County Code.
Affordable housing development projects are coordinated by the Community Development Department
of the city or county, approved by city ordinance or county resolution, and subject to APCHA Guidelines
and deed restrictions pertaining to occupant qualification, lease, purchase and sale, among other policies
and procedures.
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Land use regulations and codes establish, among other specifications, net minimum livable square
footage, occupancy standards and other development and construction standards, as well as mitigation
options pertaining to affordable housing.
✓ The city affordable housing zone is established under Affordable Housing/Planned
Development in the Zone Districts section of City of Aspen Land Use Regulations,
Section 26.710.110.
✓ The county Affordable Housing Zoning District is established under the Growth
Management System in the Pitkin County Code, Title 8, Chapter 3.
✓ Affordable housing requirements for development of a private residential subdivision
are stipulated in City of Aspen Land Use Regulations, Section 26.470.
✓ Development involving demolition or displacement of affordable housing units is
governed by the Multifamily Housing Replacement Program under City of Aspen Land
Use Regulations, Section 26.470.
✓ Development involving an expansion or redevelopment of free-market housing is
governed by the Growth Management Quota System under City of Aspen Land Use
Regulations, Chapter 26.470.
✓ Calculation of Fee-in-lieu and Impact Fees, and other mitigation requirements is
according to a formula established under county land use regulations, Chapter 8-30,
and the City of Aspen Land Use Regulations Growth Management Quota System,
Section 26.470, and Impact Fees, Chapter 26.610.
✓ Applicants and developers are encouraged to discuss zoning and affordable housing
requirements with a member of the City of Aspen Community Development
Department.
✓ City of Aspen and Pitkin County land use and building codes and APCHA Guidelines and
procedures adhere to the Americans with Disabilities Act (ADA) regulations under
which a required percentage of public affordable housing shall meet ADA standards.
In APCHA affordable housing, ADA standards are incorporated in construction or units
are designed to be adaptable to standards.
✓ City of Aspen and Pitkin County land use and building codes adhere to the International
Building Code providing consistent standards for safe construction.
Section 3. Private Sector Development Process
A. Building Permit Process
The Community Development Departments and Planning and Zoning Commissions of the City of
Aspen and Pitkin County coordinate public and private sector affordable housing development
through the building permit application and approval processes.
Building permit applicants shall work with the city or county in selecting a mitigation option to satisfy
affordable housing requirements of development projects according to city and county land use
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regulations and codes.
APCHA monitors affordable housing development permit applications to facilitate informed
communications between developers and government and to expedite the process.
Building permit applications are coordinated by the respective city or county Community
Development Department for analysis and recommendations, and project review and approval
through Council ordinance and or BOCC resolution.
The city or county Community Development Department retains a set of approved building permit
drawings for each project and is authorized to inspect actual construction or conversion for
compliance with approved building permit plans.
B. APCHA Consultation
Private sector property developers are advised to schedule building permit pre-application
consultations with APCHA to review affordable housing mitigation options and/or deed restrictions
associated with planned projects. APCHA is authorized to inspect affordable housing projects under
construction or conversion for compliance with APCHA Guidelines.
Section 4. Affordable Housing Mitigation of Private Sector Property Development
Mitigation requirements, established under city and county land use regulations and codes and
Guidelines, are planned and formulated to generate affordable housing units, revenues and/or
property acquisition in support of the program.
The APCHA Board has prioritized affordable housing mitigation options available to private sector
property developers in the following order:
1. On-site deed-restricted housing units constructed or converted next to or attached to the
proposed development.
2. Off-site deed-restricted housing units constructed or converted at a separate location
within the Aspen core subject to approval by APCHA. A single off-site deed-restricted unit
in an otherwise free-market housing complex shall not be approved.
3. Use of the Affordable Housing Credit Program.
4. APCHA approved buy-down units.
5. Payment-in-lieu to the city or payment of an Impact Fee to the county; or Land-in-lieu by
conveyance of vacant property to the city or APCHA, permitted on a case-by-case basis.
Private sector property developers may satisfy mitigation requirements through the following methods
or combination of methods, in accordance with the requirements of the City of Aspen and Pitkin County:
✓ Construction of new affordable housing units to remain deed-restricted in perpetuity.
✓ Conversion of existing dwelling units to achieve deed-restricted status in perpetuity. Units
converted for mitigation purposes shall not previously have been deed-restricted under
APCHA Guidelines.
✓ Affordable Housing Credit Certificate Program.
✓ Land-in-lieu conveyance of vacant property as approved by the city or county and APCHA
on a case-by-case basis.
✓ Payment-in-lieu or payment of impact fee.
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A. Mitigation through Construction of Deed-Restricted Affordable Housing Units
A private sector property developer may, with city or county approval, satisfy affordable housing
requirements by construction of affordable housing units within a free market housing development.
Deed restrictions for newly constructed units shall be approved by APCHA prior to recording and prior
to issuance of a Certificate of Occupancy. Constructed units are subject to Maximum Rental Rates
and Sale Prices for Newly Deed-restricted Units. See Tables III and IV.
1. Eliminated Affordable Housing Units
If new development requires the demolition of existing affordable housing units previously
deed-restricted under APCHA Guidelines, mitigation for the new development by the
construction of or conversion to affordable housing units is credited only for the number, type
and category of units in excess of the affordable housing bedrooms demolished.
Under the City of Aspen Multi-Family Housing Replacement Program, at least half the number
of eliminated affordable housing units shall be constructed on the development site for which
City approval is granted; the remaining number of eliminated units must be constructed or
converted at another site as approved by the city. Multi-family housing replacement
requirements are not subject to variance and may not be satisfied through the construction of
any RO units.
2. Construction on Single-family Lots
Construction of affordable housing on a single-family lot shall be permitted only if the unit has
three or more bedrooms and is placed in category 5 or higher. Category 1, 2, 3 and 4 single-family
lots are not permitted. Construction on single-family lots in Category 5 through RO shall include
access and utilities up to the lot line to achieve construction-ready condition.
B. Mitigation through the Affordable Housing Credit Program
Chapter 26, Section 540, of the City Land Use Code, is for two purposes: 1) to encourage the
development of affordable housing; and 2) to establish an option for housing mitigation that
immediately offsets the impacts of free market development. A Certificate of Affordable Housing
Credit is issued to a developer of affordable housing when such housing is not required for mitigation.
Another developer may purchase such a Certificate and use it to satisfy housing mitigation
requirements. Establishing this transferable Certificate creates a new revenue stream that can make
the development of affordable housing more economically viable. Establishing this transferable
Certificate also provides an option for mitigation that reflects built and occupied affordable housing,
thereby offsetting the impacts of development before those impacts occur. Section 540 describes
the process for establishing, transferring and extinguishing a Certificate of Affordable Housing Credit.
Section 26.540.020, Terminology, defines the Certificate of Affordable Housing Credit (Credit or
Certificate) as a “transferable document issued by the City of Aspen acknowledging and documenting
the voluntary provisions of affordable housing which is not otherwise required by this Title or by a
Development Order issued by the City of Aspen. The Certificate documents the category designations
and number of employees housed by the affordable housing. The Credit is irrevocable and
assignable. A Certificate of Affordable Housing Credit is a bearer instrument.”
C. Mitigation through Conversion or “Buy-down” of Existing Dwelling Units
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A free market developer may be permitted to satisfy affordable housing mitigation requirements by
conversion of existing free market dwelling units to deed-restricted affordable housing, also called a
buy-down. Conversion/buy-down requests are reviewed on a case-by-case basis by City, County
and/or APCHA and shall be considered and approved only for Category 3 or higher units located in
an existing free market development. Such housing units must conform to city and county land use
regulations and these Guidelines, including requirements for recording deed restrictions to be
effective in perpetuity. Such approval may be denied if it is determined that HOA dues and/or
assessments would exceed reasonableness for qualified buyers. Existing housing that is being
provided for mitigation purposes (either as actual mitigation or for use in the Affordable Housing
Credit Program), shall be brought up to current building code standards as required by the
Community Development Department.
Deed restrictions for converted units must be approved by APCHA prior to recording and prior to
issuance of a Certificate of Occupancy. Converted units shall be subject to Maximum Rental Rates
and Sale Prices for Newly Deed-restricted Units. See Tables III and IV.
Developers requesting approval for conversions must document the feasibility and marketability of
any such proposed affordable housing and specify the size(s) of unit(s) proposed for conversion and
any physical upgrades necessary to meet city or county and APCHA requirements.
D. Mitigation through Fee-in-Lieu or Impact Fee
Under city and county land use regulations and codes and at the sole discretion of the city or county
upon the recommendation of APCHA, a free market developer may be permitted to mitigate
affordable housing requirements through Fee-in-lieu to the city or payment of an Impact Fee to the
county (also known as Dedication Fee and Cash-in-lieu). See Table V for current Fee-in-lieu/Impact
Fees per APCHA category. However, payment of a fee in lieu of the use of on-site off-site, or the
Affordable Housing Credit Program shall be the last resort as acceptable mitigation.
1. Calculation of Fees: Fee-in-lieu and Impact Fees are calculated according to city and county
land use regulations. See the appropriate Code for calculating the employee mitigation impact
fee.
2. Payment of Fees:
Fees in mitigation of affordable housing requirements are due prior to the issuance of a building
permit. Fees are payable to the City of Aspen Finance Director; Impact Fees are payable to the
Pitkin County Finance Director. The respective finance director must issue a receipt to the
developer/building permit applicant who shall submit a copy to APCHA as verification of satisfying
affordable housing mitigation requirements.
An APCHA-qualified owner/developer of a single-family home or duplex unit may, upon request
and approval by APCHA, defer the Fee-in-lieu or Impact Fee until the free market home or duplex
unit is sold to a free-market purchaser(s). Such fee shall be calculated at the time of the free-
market sale according to the City/County Code then in effect. An Affordable Housing Impact Fee
Deferral Agreement (Deferral Agreement) must be completed, signed by the Community
Development Director and the APCHA Executive Director, and the document recorded in the
records of the Pitkin County Clerk and Recorder.
The obligation to pay the Impact Fee may be deferred until such time as the Owner is no longer
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a qualified working employee as defined in these Guidelines, the Property is sold by the qualified
Owner, or a subsequent owner who was a qualified working resident at the time of acquisition
sells to a buyer who is not a qualified working resident ("non-qualified buyer"). To obtain this
deferral, proof shall be provided to APCHA as to the status of the owner as a qualified Pitkin
County employee or employer as defined in these Guidelines. The home must be the principal
residence of the owner requesting the deferral.
In the event of such a sale, the fee shall be due and payable on or before the date of closing
(the date on which the deed conveying title is recorded) and is payable concurrently with the
RETT (Real Estate Transfer Tax). Nothing herein shall prevent or preclude Owner from paying
the Impact Fee at an earlier time. If payment is deferred, the obligation to pay and the terms for
calculation of the fee shall be agreed to in writing by the APCHA-approved initial purchasers of
the respective home or duplex units; and the agreement shall be approved by the City of Aspen
Community Development Department and APCHA and recorded as a restriction with the deed
to the property. Upon proof of payment of the impact fee, a release of the Deferral Agreement
will be recorded in the records of the Pitkin County Clerk and Recorder.
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TABLE III
MAXIMUM MONTHLY RENTAL RATES FOR DEED-RESTRICTED RENTAL UNITS
Unit Size Category 1 Category 2 Category 3 Category 4 RO
Studio $521 $ 929 $1,389 $1,843 $2,527
1 Bedroom 646 1,091 1,547 2,022 2,703
2 Bedroom 765 1,254 1,710 2,185 2,866
3 Bedroom 887 1,402 1,877 2,348 3,031
SF Detached 1,010 1,581 2,038 2,425 3,111
Table III sets forth the maximum monthly rental rates for ALL deed-restricted affordable housing units. The
rental rates apply and shall be in effect for at least a six-month period from the commencement date of the
initial lease. Thereafter, the maximum monthly rental rate may be increased only to the extent that the
GuidelinesREGULATIONS in effect permit. If there is a conflict between the GuidelinesREGULATIONS and the
deed-restriction on the rental property, the most restrictive document will prevail. Section 6.D.1.a, below, for
additional criteria.
TABLE IV
MAXIMUM SALE PRICES FOR NEWLY DEED-RESTRICTED OWNERSHIP UNITS
Categories 1-4
Unit Size Category 1 Category 2 Category 3 Category 4
Studio $43,000 $98,000 $165,000 $278,000
1 Bedroom 55,000 119,000 180,000 297,000
2 Bedroom 66,000 145,000 213,000 330,000
3 Bedroom 77,000 179,000 248,000 365,000
SFH Detached 91,000 210,000 280,000 394,000
SFH Lot N/A N/A N/A N/A
Categories 5-RO
Unit Size Category 5 Category 6 Category 7 Category RO
Studio $387,000 $431,000 $485,000 N/A
1 Bedroom 419,000 465,000 517,000 N/A
2 Bedroom 455,000 500,000 555,000 N/A
3 Bedroom 485,000 528,000 584,000 N/A
SFH Detached 518,000 564,000 616,000 N/A
SF Lot 111,000 154,000 161,000 $193,000
TABLE V
2018 PAYMENT-IN-LIEU/IMPACT FEE SCHEDULE
Per Category – CITY ONLY
City Ordinance No. 05 (2018) – Effective Date - 03/26/2018 (7% Increase)
Category 1 $381,383.31
Category 2 342,599.02
Category 3 306,549.65
Category 4 238,687.04
Category 5 168,289.60
Category 6 142,114.19
Category 7 111,438.36
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Effective date: 12/11/2015 – Category 2 is the rate relevant to calculating employee housing mitigation
First 4,500 sq. ft. = .16 employees per 1,000 sq. ft. of floor area
Above 4,500 sq. ft. = .36 employees per 1,000 sq. ft. of floor area
TABLE VI
MINIMUM NET LIVABLE SQUARE FEET (SF) FOR AFFORDABLE HOUSING
Per Unit Size (standardized)
Unit Size Minimum Square Footage
Studio 500
1-Bedroom 700
2-Bedroom 900
3-Bedroom 1,200
Single-Family Detached 1,500
TABLE VII
APCHA MITIGATION STANDARDS
Per Unit Size
Unit Type Occupancy Standard
Dormitory/Lodge per 150 sq. ft. mitigates for 1.00 employee
Studio units mitigate for 1.25 employees
One-bedroom units mitigate for 1.75 employees
Two-bedroom units mitigate for 2.25 employees
Three-bedroom units mitigate for 3.00 employees
Four or more bedrooms mitigate by adding an additional .5 employee per bedroom
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E. Mitigation through Impact Conveyance of Vacant Property
A developer of a free market project may be permitted to satisfy affordable housing requirements by
the conveyance of vacant property to the City of Aspen or Pitkin County, known as land-in-lieu.
Acceptance of the property shall be at the sole discretion of the city or county upon recommendation
of APCHA and may be subject to conditions.
1. Condition of Vacant Property
Vacant property conveyed in satisfaction of affordable housing requirements shall be provided
in construction-ready condition, with utilities including domestic water, sewer line or septic
system, roads, telephone, electricity, and/or gas lines, installed to the property line or as
otherwise required.
At APCHA’s discretion, a developer conveying vacant property that does not meet the
conditions for construction readiness may be permitted to establish an escrow account in an
amount sufficient to cover one hundred twenty-five percent (125%) of the estimated cost of
completing the required preparation of the property and may be allowed one year from date
of conveyance to complete work required by city and county land use regulations and codes.
2. Soils Report
A developer/applicant shall submit to the city or county and APCHA a soils report prepared by
a qualified engineer based on studies of appropriate testing within the approved building
envelope demonstrating that the property is suitable for construction of the proposed dwelling
units without extensive excavation and foundation work or accommodation for unusual
conditions.
3. Conveyance Procedure
Title to the property shall be transferred to the city, county, or APCHA as required, and the
deed recorded simultaneously with the final plat for the development project.
If the vacant property is located within a subdivision, the Subdivision Improvements Agreement
and Protective Covenants shall include the requirements of this section.
4. Settlement by Sale of Vacant Property
Vacant property or a single-family lot conveyed in mitigation of affordable housing
requirements but not suitable or desirable for affordable housing development or growth
management may at the discretion of the city and/or APCHA be sold on the free market.
Section 5. Minimum Net Livable Square Footage for Affordable Housing Development
Dwelling units provided in satisfaction of affordable housing requirements shall meet square footage
requirements of city and county land use regulations and codes. See Table VI for Minimum Net Livable
Square Footage requirements per affordable housing unit type. Unit size is not based on the category of
the unit, but rather the number of bedrooms.
A. Permitted Adjustments to Net Minimum Livable Square Footage
The approval of the city or county of Net Minimum Livable square footage of affordable housing units
for construction and conversion must be obtained prior to the issuance of a building permit. Any
adjustment is subject to the approval of the city or county.
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1. Permitted Reduction of Square Footage
Net Minimum Livable Square Footage may be reduced by the city or county based on the specific
criteria identified below, and if the permit applicant sufficiently demonstrates that construction
requires accommodation for physical conditions of the property or in consideration of design for
livability, common storage, amenities, location and site design, including but not limited to
provisions for the following:
✓ Significant storage space located outside the unit;
✓ Above average natural light, i.e., more windows than required by code;
✓ Efficient, flexible layout with limited hall and staircase space;
✓ Availability of site amenities, such as pool or proximity to park or open space;
✓ Unit location within the development, i.e., above ground location versus ground level
or below ground; and/or
✓ Possibility that project can achieve higher density of deed-restricted units with a
reduction variance.
Under no circumstances shall a reduction of more than twenty percent (20%) of the square
footage required for the applicable category be permitted.
2. Permitted Addition of Square Footage
Subject to the approval of the City or County, developers may elect to construct units larger than
the required minimum square footage. However, sale prices and rental rates for any such newly
deed-restricted units shall not exceed maximum figures shown in Tables III and IV.
B. Minimum Net Livable Square Footage for Dormitories
Qualified employers, including lodging facilities, agricultural operations and commercial
developments demonstrating the need to house employees onsite may be permitted to develop
affordable housing dormitory and/or category units onsite.
In accordance with city and county land use regulations and codes, the Minimum Net Livable Square
Footage for dormitory units is 150 square feet of living area per person. Living area includes sleeping
and bathroom areas, but does not include interior or exterior hallways, parking areas, patios, decks,
cooking area, common lounge area, laundry rooms, and mechanical and storage areas. Dormitories
shall include at least one bathroom for shared use by no more than four persons. Each bathroom
shall contain at least one water closet, one lavatory, and one bathtub with a shower, and shall have
a total area of at least sixty (60) net livable square feet. Each dormitory unit shall include a kitchen
facility or access to a common kitchen and eating facility sufficient for the number of persons sharing
the dormitory, as approved by the city or county. Each occupant shall be provided the use of twenty
(20) square feet of enclosed storage space located within or adjacent to the unit. Dormitory
occupancy is limited to eight (8) APCHA-qualified employees per unit.
C. RO Unit Square Footage
RO units are limited to a maximum 2,200 gross square feet of livable space plus a maximum 500
square foot garage and maximum 800 square foot basement. If a larger garage or basement is
approved, the square footage in excess of these limitations shall be deducted from the maximum
gross square footage of livable space. In no event shall the square footage of all improvements
exceed 3,500 square feet.
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Section 62. Occupancy Policies for Newly Deed-restricted Units
Newly dDeed-restricted affordable housing units shallMUST comply with the occupancy standards of city
or county land use regulations and codes, these GuidelinesREGULATIONS and applicable deed
restrictions. All new affordable housing development must include a capital reserve study as part of the
initial HOA documents, as well as a separate capital reserve fund, AS WELL AS PROVIDING A ONE-YEAR
OPERATING BUDGET TO BE USED FOR A BASELINE FOR THE CAPITAL RESERVE FUND.
All HOA documents must provide that a capital reserve fund be established and maintained. In addition, for
projects which include both free-market and deed-restricted ownership residential units, the HOA
documents must ensure the long-term affordability of the deed-restricted units by including provisions
acceptable to APCHA for the control of general and special assessments, such as separation of common
elements, establishing separate free market and affordable sub-associations, and determining allocated
interests based on assessed valuation, square footage, or other measures.
A. Pre-occupancy Inspection
Upon the completion of construction OF NEW UNITS or conversion OF EXISTING UNITS and prior to
issuance of a certificate of occupancyCO for rental units or ownership units, such units shall be
inspected and approved by a certified building inspector, architect and/or engineer for compliance
with applicable codes, regulations and APCHA GuidelinesREGULATIONS. A written inspection report
of inspection approval shall be submitted to APCHA.
B. LIVABILITY Marketability Standards
Newly constructed dDeed-restricted affordable housing ownership units shallMUST be in marketable
condition AT THE TIME OF SALE. See Part VI for ownership unit sale policies and procedures.
Converted units must be in marketable condition and approved by APCHA prior to rental or sale. The
applicantDEVELOPER shall bear the costs and expenses of any required upgrades (AS WELL AS
APCHA’S ATTORNEY FEES INCURRED FOR ANY NEW PRODUCT) to meet the standards listed below,
as well as any structural/engineering reports required by APCHA to assess the suitability for
occupancy, as follows:
• All interior walls must be freshly painted;
• Interior appliances must be less than five years old and in good condition and repair;
• Carpets must be less than five years old, in good condition and repair, or replaced if in
lesser condition;
• Windows, heating, plumbing and electrical systems, fixtures and equipment must be in
good condition and working order and brought up to the current code utilized by the
Community Development Department;
• All exterior walls must be freshly painted within the previous year;
• Landscaping and yard must be in satisfactory condition;
• Roof must be in good repair with remaining useful life of at least ten (10) years; and
• HOA documents; i.e., Articles of Incorporation, By-Laws, and Condominium Declarations,
must be approved by APCHA.
Developer/permit applicants shall bear the cost of any repairs, replacements and upgrades
required to meet APCHA standards. Special Review may be requested for variances on a case-by-
case basis.
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C. Occupant Qualification and Priority in Newly Deed-restricted Units
Unless tenant or purchaser QUALIFICATIONS AND priority is otherwise established by the applicable
land use approval, newly-deed restricted units shall be marketed and leased or sold through APCHA
according to these GuidelinesREGULATIONS.
See Part IV for APCHA Eligibility and Qualification.
See Part V for Rental Policies and Procedures.
See Part VI for Purchase and Sale Policies and Procedures.
1. Priority of Displaced Residents
NOTWITHSTANDING THE PRIORITIES SET FORTH IN SECTION …, APCHA owners and tenants
who are displaced by new construction or conversion of existing APCHA units shall have priority
for purchasing (owners) or renting (tenants) a similar APCHA unit of the same size, TYPE and
category. Displaced resident priority is determined on a case-by-case basis.
2. Priority of Qualified On-site Employees in Employer-owned Dormitories or Rental Units
In consideration of the need of employers, including but not limited to lodging enterprises,
agricultural operations and other businesses, to house employees on site, employers owning
on-site affordable housing rental units may, with the prior approval of APCHA, designate their
APCHA-qualified employees as tenants.
In such cases, employees must meet all APCHA qualifications except income and asset
maximums, which are waived.
If no person directly employed by the applicable owner/operator is APCHA-qualified, the on-
site dormitory space or other units shall be made available to other qualified tenants who may
be designated by APCHA.
3. Priority of Qualified Tenants and Owners Selected by Developer
Private sector developer/owners of NEWLY CONSTRUCTED affordable housing units shall be
permitted to choose APCHA-qualified tenants and/or owners to occupy one-third of their
affordable housing units in compliance with APCHA occupancy standards FOR THE INITIAL SALE
OR LEASE ONLY. All households chosen by the developer must meet the top priority criteria;
i.e., four-year minimum work requirement, minimum occupancy requirement, category, not
owning other property within the OEZ (see Definitions), INCLUDING NO OWNERSHIP OF OTHER
DEED-RESTRICTED PROPERTY UNLESS THEIR DEED RESTRICTED UNIT COMES AVAILABLE FOR
SALE THROUGH THE LOTTERY. THE DEVELOPER MUST MAKE THEIR CHOICE WITHIN 30 DAYS
OF THE ISSUANCE OF THE CO. THE REMAINING UNITS, INCLUDING ANY UNITS FOR WHICH THE
DEVELOPER/OWNER DOES NOT CHOOSE OCCUPANTS, SHALL BE MARKETED, LEASED AND
SOLD THROUGH APCHA. FOR ALL SALES, THE 2% SALES WILL BE DUE AT CLOSING. ALL UNITS
MUST BE LISTED WITH APCHA WITHIN 30 DAYS OF THE ISSUANCE OF THE CO. The remaining
units, including any units for which the developer/owner does not choose occupants, shall be
marketed, leased, and sold through APCHA. For those units where the buyers are chosen by
the developer, a 1% sales fee based on the purchase price is due to APCHA at the time of
closing. For all other sales through APCHA, the 2% sales fee will be due at closing.
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D. Rental and Sale of Newly Deed-restricted Units
1. Rental
a. Maximum Rental Rates for Newly Deed-restricted Units
Maximum Monthly Rental Rates for Newly Deed-restricted Affordable Housing units shall
be as specified in Table III of these GuidelinesREGULATIONS.
Beginning rental rates for newly deed-restricted rental units shall remain in effect during
the entire lease period. After that time, rental rates may be increased in accordance with
the current Maximum Annual Rental Rate Adjustment, a percentage adjustment revised
annually. See Table VIII.
Table III sets forth the maximum monthly rental rates for deed-restricted affordable housing
units, UNLESS SPECIFIED DIFFERENTLY IN THE SPECIFIC DEED RESTRICTION FOR THAT
PROPERTY. The rental rates apply and shall be in effect for at least a 6-month period from
the commencement date of the initial lease. Thereafter, the maximum monthly rental rate
may be increased only to the extent that the GuidelinesREGULATIONS then in effect permit.
If there is a conflict between the GuidelinesREGULATIONS and the deed-restriction on the
rental property, the most restrictive document willDEED RESTRICTION WILL prevail. The
following additional criteria shall be followed:
• Maximum rental rates shall apply whether the units are provided furnished or
unfurnished.
• Rental rates cannot be increased to pay for, the following:
▪ Cost of electricity, gas, water and sanitation in common areas;
▪ Condominium dues/assessments;
▪ Management costs;
▪ Property taxes;
▪ Landscaping costs;
▪ Snow plowing/shoveling;
▪ Condominium Insurance
• Additional costs that can be charged to the tenant, but must be verified by APCHA, are:
▪ Electricity, gas and/or water if not separately metered – METERED costs must be
based on the tenant’s share of such utilities attributable to the tenant’s net livable
area. Tenants shall be responsible for individually metered utilities.
▪ Trash, but proportionally based on the tenant’s net livable area.
▪ Other operational costs only when reviewed by APCHA and approved to be charged,
must be based on the tenant’s share attributable to the tenant’s net livable area.
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• Prior to occupancy of a deed restricted rental unit, the APCHA must qualify the tenant.
All verificationDOCUMENTATION required under these GuidelinesREGULATIONS must
be provided. The tenant must provide the owner/landlord with proof of
verificationDOCUMENTATION and qualification by the APCHA prior to occupancy. PRIOR
TO OCCUPANCY, tThe owner shall be required to provide a copy of the lease agreement
to the APCHA for approval. Leases shall meet occupancy standards and allowable rental
rates and shall be for a minimum term of six consecutive months. THE UNIT MUST MEET
OCCUPANCY STANDARDS, ONE PERSON PER BEDROOM, AT ALL TIMES (UNLESS
SPECIFIED DIFFERENTLY IN THE DEED RESTRICTION). Owner shall provide an executed
copy of the lease to the APCHA prior to occupancy.
• Persons employed by an owner/operator shall be given first priority to rent ON-SITE
affordable housing units associated with a lodge, agricultural operation, or commercial
development, when ownership has been retained by the owner/operator of the
development. Employees must meet the APCHA’s GuidelinesREGULATIONS for
occupancy, income and assets criteria in order to qualify to occupy the unit(s). In the
event there are no persons directly employed by the owner who qualify, the unit shall
then be offered to other qualified persons according to the GuidelinesREGULATIONS.
(Affordable Housing [AH] Zone development is exempt from this section.)
• All deed restricted affordable housing rental units must comply with all rules,THESE
rRegulations AND THE REGULATIONS and codes of all governmental bodies and agencies
having jurisdiction. The owner of affordable housing rental units, at its cost and expense,
must keep and maintain the interior and exterior of the total structure (including all
residential units therein) and the adjacent open areas in a safe and clean condition and
in a state of good order and repair, reasonable wear and tear and negligent or intentional
damage by tenants excepted.
• A rental unit vacant for more than forty-five (45) days prior to initial lease or between
qualified tenants shall MUST be made available for tenants selected through APCHA.
Rental rates for dormitory and other on-site employee units shall be calculated on a case-
by-case basis and approved by APCHA, in consideration of the unique and varying
characteristics of each facility, with affordability as a key factor. Rates shall not include the
cost of utilities in common areas, condominium dues, management costs and taxes.
b. Lease Approval by APCHA
All leases with APCHA-qualified tenants, including dormitory and on-site employee
tenants, must be submitted to and approved by APCHA prior to execution by the parties.
The review period for APCHA is five business days. All leases must provide for a minimum
lease term of six months and shall be renewed for consecutive six-month periods. Prior to
occupancy, landlords shall provide a copy of an executed lease agreement to APCHA.
MONTH-TO-MONTH LEASES ARE NOT PERMITTED.
2. Sale
a. Maximum Sale Prices for Newly Deed-restricted Units
Maximum Sale Prices for Newly Deed-restricted Affordable Housing Units, Single Family
HomesUNITS and Single-Family Lots shall be as specified in Table IV of these
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GuidelinesREGULATIONS AND SHALL BE IDENTIFIED IN APPLICABLE DEED RESTRICTIONS AND
MAXIMUM RESALE PRICES.
RO unit sale prices are determined IN ACCORDANCE WITH THE APPLICABLE DEED
RESTRICTIONS on a case-by-case basis. The developer generally sets the initial sale price of
a newly deed-restricted Resident-occupied (RO) unit. If another affordable housing
ownership unit is developed in association with a RO unit, the average sale price of both
units shall be no higher than the Category 3 maximum sale price for a newly deed-
restricted unit. APCHA MUST APPROVE THE SALES PRICE, OWNER SHALL ENTER INTO A
LISTING CONTRACT WITH APCHA, AND THE SALE WILL BE HANDLED THROUGH THE APCHA
SALES PROCESS.
b. Sales Through APCHA
Newly deed-restricted affordable housing ownership units, single-family homesUNITS and
vacant lots shall be offered for sale through APCHA.
After initial sale, all APCHA ownership units shall be marketed and sold through the APCHA
bid and lottery process and/or according to deed restrictions specific to the property and
GuidelinesREGULATIONS. See Part VI.
Section 7. APCHA Approval and Execution of Deed Restrictions
APCHA shall work with developers of affordable housing to draft and approve Deed Restrictions to
ensure compliance with development approvals, the GuidelinesREGULATIONS, city and county land use
regulations and codes and governing Colorado and federal legislation. After adoption, deed restrictions
shall be construed according to Guidelines in effect as they are amended from time to time.
APCHA shall approve the deed restrictions for housing units before such deed restrictions are ready for
recordation and prior to issuance of a Certificate of OccupancyCO. NO OCCUPANCY IS PERMITTED
WITHOUT THE EXECUTED DEED RESTRICTION AND ISSUANCE OF A CO.
A. Growth Management Plan Applications
1. Mixed-use Developments – FREE-MARKET AND AFFORDABLE HOUSING
In mixed-use developments, where a deed-restricted unit is located in a private sector
condominium or subdivision that consists primarily of free market units, Homeowners’
Association (HOA) assessments are typically based on the value of the free-market
unitsSQUARE FOOTAGE. In an effort to ensure that affordable housing remains affordable,
deed-restrictions for affordable units in mixed-use developments must state that HOA
assessments on the affordable housing units shall be pro-rated according to the value of an
affordable housing unit relative to the value of the free-market units in the development.
ADDITIONALLY, THE HOA SPECIAL ASSESSMENTS SHALL BE PRO-RATED IN THE SAME MANNER
AS THE MONTHLY HOA ASSESSMENTS. The governing documents shall specify that any change
in HOA assessment policy is subject to APCHA approval.
2. Caretaker and Accessory Dwelling Units (CDUs and ADUs)
If a caretaker or accessory dwelling unit is constructed or converted for mitigation purposes,
the developer shall submit required deed restrictions to APCHA for approval and execute and
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record such deed restrictions prior to the final building inspection and/or issuance of a
Certificate of OccupancyCO.
B. Amendments to Deed Restrictions
Deed restrictions recorded prior to the issuance of the applicable Certificate of Occupancy CO shall
be amended to include any changes necessary as a result of new legal requirements imposed by
city or county regulations or codes. Deed restrictions may also be amended by agreement between
a private sector property developer and Council or BOCC. All amended deed restrictions are subject
to APCHA approval. AND THEN APPROVED BY APCHA.
Upon final approval by APCHA, amended Deed Restrictions shall be executed and recorded prior
to issuance of a Certificate of OccupancyCO WHERE APPLICABLE. Copies of executed and recorded
Deed Restrictions shall be provided to APCHA by the developer.
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PART IVII
APCHA ELIGIBILITY AND QUALIFICATION
Section 1. ELIGIBLITY
As required by City of Aspen Land Use Regulations, the Pitkin County Land Use Code and APCHA
Guidelines, eligible applicants must:
✓ Work full-time (1500 hours per calendar year) in Pitkin County;
✓ Occupy the APCHA unit as a primary residence; and
✓ Not own developed residential real property within the Ownership Exclusion Zone (OEZ).
See Part VII Definitions.
Applicants for affordable housing in the APCHA inventory must submit written applications and
documents required to verify employment and work history, income and assets, household size, and
such other information deemed necessary by APCHA in order to qualify as a tenant or qualified buyer.
Approval must be obtained prior to signing a lease, occupying a unit or submitting a bid on an
ownership unit.
TO BE ELIGIBLE TO RENT OR PURCHASE A UNIT IN APCHA’S INVENTORY, UNLESS AN APPLICABLE DEED
RESTRICTION OTHERWISE REQUIRES, ELIGIBLE APPLICANTS/HOUSEHOLDS MUST:
• WORK FULL-TIME, 1,500 HOURS PER CALENDAR YEAR IN PITKIN COUNTY OR
FOR A PITKIN COUNTY EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD
TOTAL INCOME IN PITKIN COUNTY;
• OCCUPY APCHA UNIT AS A PRIMARY RESIDENCE AND OCCUPY THE UNIT AT
LEAST NINE MONTHS PER CALENDAR YEAR;
• OWN NO OTHER DEVELOPED RESIDENTIAL PROPERTY WITHIN THE OWNERSHIP
EXCLUSION ZONE (OEZ) IN ACCORDANCE WITH SECTION . . . . . , THIS PROHIBITION
INCLUDES OWNERSHIP BY A SPOUSE OR MEMBER OF A HOUSEHOLD
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICABLE REQUIREMENTS OF THESE REGULATIONS.
APPLICANTS FOR WORKFORCE HOUSING IN THE APCHA INVENTORY MUST SUBMIT APPLICATIONS AND
DOCUMENTS REQUIRED TO VERIFY COMPLIANCE WITH THE ABOVE REFERENCED REQUIREMENTS,
INCLUDING WITHOUT LIMITATION, EMPLOYMENT AND WORK HISTORY, INCOME AND ASSETS,
HOUSEHOLD SIZE, AND SUCH OTHER INFORMATION DEEMED NECESSARY BY APCHA IN ORDER TO
QUALIFY AS A TENANT OR QUALIFIED BUYER. APPROVAL MUST BE GRANTED BY APCHA PRIOR TO
SIGNING A LEASE, TAKING TITLE TO A UNIT, OCCUPYING A UNIT, ADDING A NAME TO THE TITLE OF AN
OWNERSHIP UNIT OR A LEASE, OR SUBMITTING A BID ON AN OWNERSHIP UNIT.
APPLICANTS FOR WORKFORCE HOUSING IN THE APCHA INVENTORY WILL ONLY BE ALLOWED TO HAVE
ONE QUALIFICATION PACKET ON FILE AT ANY GIVEN TIME AND IT MUST INCLUDE THEIR ENTIRE
HOUSEHOLD. (SEE SECTION . . . . )
Applicants who do not meet all current qualification requirements may be subject to a Special Review.
See Part VII for criteria and conditions.
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Fraud Warning
Signatures on documents submitted to APCHA constitute verification that all information
provided is true and accurate. If any such information is determined to be false or non-
verifiable, such person may be disqualified by APCHA and referred to law enforcement for
investigation and/or prosecution.
A disqualified APCHA owner must list his/her ownership unit for sale as specified in the deed
restriction within thirty (30) days of disqualification. A disqualified tenant’s lease shall be
terminated within 30 days of disqualification.
Disqualified persons may be denied future participation in the affordable housing program.
Mortgage fraud may be referred to FBI for investigation.
Section 2. QUALIFICATION PROCEDURESRULES
In addition to the information referred to above, applicants shall submit original picture IDs, affidavits
and signed legal documents, AND provide copies of all documents for APCHA files. Applicants shall be
charged for copies made in APCHA offices.
See Appendix B for list of APCHA forms. Forms are subject to change without notice. Current forms are
available for download at http://www.apcha.org
APCHA charges fees for application, bid submission, handling transactions, various filings and other
services provided. Fees are payable to City of Aspen upon submission of documents or as specified in
GuidelinesTHESE REGULATIONS. See Appendix C for APCHA fees.
All APCHA application materials and documents shall remain confidential except as required by the
Colorado Open Records Act, C.R.S. 24-72-201, et seq.
A. Application and Qualification
1. Application for Rental Units
Deed restricted rental units under APCHA management and under private property
management are advertised and leased separately. A rental applicant must submit all required
information and fees after a rental unit is offered to him/her and prior to signing a lease or
occupying a unit. See Part V for rental policies and procedures.
Rental applicants may sign up for an advertised unit at the APCHA office, or for rental of a unit
under private property management by contacting the manager or owner of an advertised
rental unit directly. See Appendix D for lists of APCHA rental units and complexes.
2. Application for Ownership Units
Persons desiring to acquire a deed restricted ownership unit in the APCHA inventory, including
category and RO units, must first submit to APCHA for approval a complete Qualification
Application and all other information required by APCHA to determine qualification. A bid FOR
A SPECIFIC OWNERSHIP UNIT may be submitted with the application or after approval of the
application (SEE SECTION X). Approval by APCHA as a Qualified Buyer shall remain valid for one
year from the date of approval by APCHA. Updated tax information is requested after January
31st and April 15th.
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All persons who intend to occupy a unit, regardless of marital or legal status, are included for
the purpose of determining the category of the household, as well as both married persons’,
whether they both plan on living in the property or not. Married couples may submit only one
joint bid for a unit and may not submit separate bids.
ALL PERSONS WHO MAY OCCUPY A UNIT, REGARDLESS OF MARITAL OR LEGAL STATUS, ARE
INCLUDED FOR THE PURPOSE OF DETERMINING THE CATEGORY OF THE HOUSEHOLD. TO BE
COUNTED FOR A BEDROOM, ALL MEMBERS OF THE HOUSEHOLD MUST LIVE IN THE UNIT. IF A
DEPENDENT FROM A DIVORCED/SEPARATED HOUSEHOLD, THE DEPENDENT MUST LIVE IN THE
UNIT AT LEAST 100 DAYS OUT OF THE YEAR. MARRIED PERSONS ARE CONSIDERED AS
MEMBERS OF A SINGLE HOUSEHOLD WHETHER THEY BOTH WILL OCCUPY THE UNIT OR NOT.
MARRIED COUPLES MAY SUBMIT ONLY ONE JOINT BID FOR A UNIT AND MAY NOT SUBMIT
SEPARATE BIDS.
A RETIRED INDIVIDUAL OR HOUSEHOLD WHO IS NOT A CURRENT OWNER OF A DEED
RESTRICTED UNIT IS NOT QUALIFIED TO PURCHASE APCHA HOUSING.
Unmarried persons may submit a bid for a unit as a single household or they may submit
separate bids, but they shall not do both. In addition, once such persons submit a bid, the same
category status as identified in the initial bid(s) shall apply to any subsequent bids for any other
units, regardless of number of bedrooms, for one year from the date of the initial bid(s), unless
special review approval is granted for a change of status.
B. Verification Documents
In order to determine that AN APPLICANT person or household meets all of the applicable criteria,
APCHA must obtain specific documentation as follows:
1. Personal Identification Documents
Applicants must present original personal identification documents and provide copies for
APCHA records for approval, including the following:
• Photo ID: Valid Colorado driver license (RESTRICTED LICENSES, THOSE STATING “NOT
VALID FOR FEDERAL IDENTIFICATION, VOTING OR PUBLIC BENEFIT PURPOSE” ARE
NOT ACCEPTED), passport or state-issued photo ID card; and
• Proof of legal residency: Passport, Social Security Card, Permanent Resident Card.
2. Documents Verifying Employment/Work
APCHA qualification requires that applicants work full-time in Pitkin County as defined herein.
RO applicants must demonstrate that at least seventy-five percent (75%) of household income
is earned in Pitkin County.
• Applicants shall verify household income earned in Pitkin County by submitting copies
of complete federal and state tax returns, and W-2 or 1099 forms.
• Rental applicants shall submit documents for the year preceding application; AND
ownership applicants shall submit documents for two years preceding, or more as
required to establish priority.
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a. Employed applicants
Applicants working for an employer shall submit at least the following:
• Copies of W-2s and/or 1099 forms for all employees in the household;
• Rental applicants for specific units shall provide W-2s and/or 1099 forms for the
number of years specified on the sign-up sheet;
• Ownership applicants shall provide W-2s and/or 1099 forms for all the years
employed in Pitkin County (minimum of 4 years to be in the top priority in most
cases);
• Copies of recent paycheck stubs to verify current employment and income; and
• APCHA Employment Verification form signed by employer(s), if requested by
APCHA.
b. Self-employed, employer, business owner applicants
Employment/work verification takes into consideration the seasonal, non-traditional
nature of some employment and free-lance work in the city and county. An applicant who
is self-employed in Pitkin County or who works full-time within the county for a business
or institution whose principal place of business is not located in Pitkin County, must provide
proof of full-time employment as follows:
A SELF-EMPLOYED, EMPLOYER, OR BUSINESS OWNER APPLICANT MUST WORK IN PITKIN
COUNTY A MINIMUM OF 1,500 HOURS PER CALENDAR YEAR AND EARN AT LEAST 75% OF
THEIR INCOME WITHIN PITKIN COUNTY, FROM SELLING THEIR GOODS AND SERVICES TO
INDIVIDUALS, BUSINESSES, OR INSTITUTIONAL OPERATIONS WITHIN PITKIN COUNTY. THEY
MUST DEMONSTRATE A PROFIT ON AN INCOME TAX RETURN FOR AT LEAST THREE OUT
OF THE LAST FIVE YEARS.
AN APPLICANT WHO IS SELF-EMPLOYED IN PITKIN COUNTY OR WHO WORKS FULL-TIME
WITHIN THE COUNTY FOR A BUSINESS OR INSTITUTION WHOSE PRINCIPAL PLACE OF
BUSINESS IS NOT LOCATED IN PITKIN COUNTY, MUST PROVIDE PROOF OF FULL-TIME
EMPLOYMENT AS FOLLOWS:
Required Documentation:
• Copies of the most recently filed tax return, including federal and state returns and
all schedules and business tax returns SHOWING AN INCOME OF AT LEAST
$15,000;
• Copies of most recent W-2s (IF APPLICABLE) and or 1099s for all employment;
• Copies of paycheck stubs received, IF APPLICABLE;
• Current profit and loss statement where applicable; AND
• Verification of working or doing business in Pitkin County;
• Copy of a current City of Aspen business license, where applicable.
APCHA may require further documentation for proof of employment in Aspen or Pitkin
County. This documentation may include, but is not limited to, business and personal
banking records and utility bills, as well as:
• Proof of the location of a business in Aspen or Pitkin County and a copy of lease
for office space located in Aspen or Pitkin County, where applicable.
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• PROOF OF OPERATING EXPENSES, SUCH AS: INSURANCE, TAX PAYMENTS, RENT,
UTILITIES, ETC.
• PROOF OF HOURS WORKED, SUCH AS, A COPY OF CURRENT DETAILED WORK LOG OR
APPOINTMENT BOOK FOR THE LAST YEAR SHOWING HOURS WORKED DAILY ON EACH
JOB OR APPOINTMENT, WITH CLIENTS’ NAMES AND LOCAL ADDRESSES. HOURS SPENT
IN ADMINISTRATIVE WORK SUCH AS MARKETING OR ACCOUNTING IN SUPPORT OF
BUSINESS, WILL COUNT TOWARD THE WORK-HOUR REQUIREMENT IF
DEMONSTRATED TO AND APPROVED BY APCHA.
• COPIES OF CLIENT INVOICES SHOWING HOURS ON A JOB AND/OR PAYMENT FOR
INVOICED WORK.
• CLIENT LIST PROVIDING NAMES, LOCAL TELEPHONE NUMBERS AND ADDRESSES,
DESCRIPTION OF TYPE OF WORK PERFORMED, AND APPROXIMATE HOURS SPENT
WORKING FOR A CLIENT IN THE YEAR.
• COPIES OF PERSONAL AND BUSINESS BANKING RECORDS.
• CITY OF ASPEN HOME OCCUPANCY LICENSE – IS REQUIRED FOR OFFICES LOCATED IN
RESIDENTIAL DWELLINGS. THE LICENSE IS TO ENSURE THAT THE HOME OCCUPATION
IS CLEARLY INCIDENTAL AND SECONDARY TO THE RESIDENTIAL CHARACTER OF THE
HOME.
• CITY OF ASPEN BUSINESS LICENSE – REQUIRED FOR ANY ENTITY DOING BUSINESS
WITHIN THE CITY LIMITS EITHER DIRECTLY OR INDIRECTLY; THIS INCLUDES BUSINESSES
MAKING RETAIL SALES AND BUSINESSES THAT PROVIDE SERVICES ONLY.
• COUNTY HOME OCCUPANCY – A LETTER CONFIRMING THAT YOU COMPLY WITH THE
COUNTY HOME OCCUPANCY REQUIREMENTS.
• BUSINESS PLAN
• OTHER DOCUMENTATION AS DEEMED NECESSARY.
• For the self-employed, copy of current detailed work log or appointment book for
the last year showing hours worked daily on each job or appointment, with clients’
names and local addresses. Hours spent in administrative work such as marketing
or accounting in support of business, will count toward the work-hour requirement
if demonstrated to and approved by APCHA;
• For the self-employed, copies of client invoices showing hours on a job and/or
payment for invoiced work; and
• For the self-employed, client list providing names, local telephone numbers and
addresses, description of type of work performed, and approximate hours spent
working for a client in the year.
c. Retired or Disabled former Pitkin County Employees
An individual who was a full-time employee/worker in Pitkin County for a minimum of four
years immediately prior to disability, or TEN YEARS IMMEDIATELY PRIOR TO retirement age
as defined in Part VIII of these GuidelinesREGULATIONS, shall be allowed to rent and/or
own such housing. QUALIFIED RETIREES CURRENTLY IN DEED-RESTRICTED HOUSING ARE
EXEMPT FROM THE TEN-YEAR REQUIREMENT.
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3. Verification of Qualified Household Size
The total number of persons in a household, including qualified adults and dependents (See
Definitions), are counted in determining the unit size for which an APCHA applicant may
qualify. The OCCUPANCY REQUIREMENT FOR ANY UNIT IS AT LEAST ONE PERSON PER
BEDROOM. FOR DEPENDENTS, PROOF OF CUSTOY IS REQUIRED. priority is one qualified person
per bedroom; however, applicants may in some cases qualify for a larger unit. Proof of legal
dependency and custody may be required. A dependent subject to a custody order must live
in the household a minimum of 100 days per year as demonstrated by court documents or a
notarized custody affidavit in order to qualify as a member of the household.
When two households EACH OWN OR RENT DEED RESTRICTED UNITS AND CUSTODY IS
SHARED, ONE CUSTODIAN MAY ACQUIRE THE NUMBER OF BEDROOMS, INCLUDING ALL
DEPENDENTS, AND THE OTHER CUSTODIAN MAY ACQUIRE THE NUMBER OF BEDROOMS OF
ALL DEPENDENTS MINUS ONE. share custody of a child/children, the child/children shall be
counted for only one extra bedroom. For example, a mother and father have two children and
the mother wins a 3-bedroom unit, then the father is only eligible for a 2 bedroom. The parent
may request a special review.
If at the time of application a household is expecting the birth of a child OR ADOPTION, SUCH
CHILD WILL, the unborn child can be counted as a member of the household upon APCHA’s
receipt of a letter from a doctor stating the due date OR ADOPTION DATE, and receipt of a
custody order agreement if applicable.
For example:
• Two qualified adult applicants in a single household qualify for a two-bedroom unit.
• One qualified adult with a single dependent in the household qualify for a two-
bedroom unit.
• Two qualified adults with two dependent children in the household shall qualify for a
four-bedroom unit.
• A qualified adult married to a non-qualified spouse qualify for a one-bedroom unit.
• A qualified adult married to a spouse caring for dependent children in the household
shall qualify for one bedroom per adult and one bedroom per dependent.
In establishing household size, all INDIVIDUALS WHO WILL BE OCCUPYING A UNIT REGARDLESS
OF LEGAL OR MARITAL STATUS qualifying adults shall be parties to OR NAMED IN the
application and must submit all verification documents. To maintain qualification in a two-
qualified-adult household, both qualified adults shall maintain full-time employment/work in
the city or county until reaching qualified retirement status (see Definitions).
4. Verification of Household Gross Income, and Net Assets AND MINIMUM EARNED INCOME
The gross income and net assets of all members of a household shall be included in determining
QUALIFICATIONS AND the housing category for which the household qualifies. Rental and
ownership applicants shall provide the required income and asset information for APCHA
review and approval as specified below.
See Table II for Maximum Gross Income and Net Assets per Household for rental and ownership
unit sizes and categories.
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a. Income Verification
Applicants shall submit copies of their most recently filed tax returns, including federal and
state returns and all schedules and business tax returns. If applicants do not have copies
of their W2’s or tax returns, they must request and obtain earnings and tax information
from the Social Security Administration (SSA) or the IRS. See Appendix G for information.
• ALL APPLICANTS SHALL SUBMIT REQUIRED TAX DOCUMENTS FOR THE PAST TWO
YEARS.
• ALL APPLICANTS MUST SUBMIT AN APCHA EMPLOYMENT VERIFICATION FORM
SIGNED BY THE APPLICANT’S EMPLOYER(S), IF REQUESTED BY APCHA.
• Rental applicants shall submit required tax documents for the most recent year.
• Ownership applicants shall submit required tax documents for the past two years.
• All applicants must submit an APCHA Employment Verification form signed by the
applicant’s employer(s), if requested by APCHA.
b. MINIMUM EARNED INCOME
TO BE ELIGIBLE FOR APCHA RENTAL OR OWNERSHIP PROPERTIES, A YEARLY MINIMUM
EARNED INCOME MUST BE PROVEN. APCHA FOLLOWS THE IRS’ DEFINITION OF
EARNED INCOME. RENTAL MINIMUM EARNED INCOME IS MINIMUM WAGE
MULTIPLIED BY 1500 HOURS WORKED. OWNERSHIP MINIMUM EARNED INCOME IS
$25,000 FOR 2019 AND WILL BE UPDATED ON A YEARLY BASIS.
b.c. Assets Verification
All financial assets and liabilities, including but not limited to real and personal property,
shall be considered in calculating the net assets of an applicant household. Applicants shall
submit current personal and/or business financial statement(s) for all household members,
including:
• Statements, records, receipts, appraisals and any documents evidencing the value
of all real and personal property and contract rights owned by the applicant and
members of the applicant household;
• Current appraisals or tax valuations of real property and related loan obligations;
• Documents verifying applicant and applicant household debts and obligations
pertinent to qualification including copies of all loan agreements and other
financial statements verifying financial obligations; and
• Copy of court-approved temporary orders and final financial orders, including
maintenance, child support, and property settlements, and child custody orders
with exhibits and supplements.; AND
• OTHER DOCUMENTATION AS DEEMED NECESSARY.
Assets that have been assigned, conveyed, transferred, or otherwise disposed of within the
previous two years for consideration below fair market value shall, for APCHA qualification
purposes, be valued at fair market value. Fair market value shall be established by a certified
appraiser approved by APCHA at the expense of applicant.
c.d. Income and Assets Exceptions
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i. Income Variations Policy – Where there is a difference of twenty percent (20%) or
more between the HOUSEHOLD’S most recent two years of income, they shall be
averaged to establish the APCHA housing category for which the household is
qualified.
ii. Retiree Asset Policy – Qualifying maximum net assets shall be adjusted toA QUALIFIED
RETIREE (SEE DEFINITIONS) MAXIMUM NET ASSET LIMIT IS one hundred fifty percent
(150%) of the amount regularly applicable in the respective category. Regardless of
applicants’ age, assets that are held in retirement accounts that are subject to an early
withdrawal penalty will be adjusted to sixty (60) percent of present value.OTHERWISE
APPLICABLE IN THE RESPECTIVE CATEGORY.
e. TRUSTS
• APCHA PROVIDES HOUSING FOR TRUST BENEFICIARIES ON A VERY LIMITED BASIS.
APPLICANT’S SHARE OF THE TRUST ASSETS (TOTAL ASSETS/BENEFICIARIES) SHALL BE
INCLUDED WHEN CONSIDERING THE MAXIMUM NET ASSETS OF AN APPLICANT, AS
SEEN IN TABLE II. APCHA UNDERSTANDS THAT TRUST ASSETS MAY NOT BE CURRENTLY
OWNED BY THE APPLICANT BUT COUNTS THEM TOWARDS QUALIFICATION PURPOSES
AS THEY ARE RESOURCES THE APPLICANT MAY DRAW UPON EITHER CURRENTLY OR
IN THE FUTURE. EXCEPTIONS TO THIS POLICY FOR SPECIAL CIRCUMSTANCES (EG.
NEEDS BASED TRUSTS) MAY BE GRANTED AT THE DISCRETION OF THE APCHA BOARD.
• APPLICANTS WHO ARE THE BENEFICIARY OF A TRUST MUST SUBMIT:
o A FULL AND CURRENT EXECUTED COPY OF THE TRUST, INCLUDING ALL
AMENDMENTS.
o ORIGINAL COPY OF SIGNED ATTORNEY OPINION LETTER FROM EITHER THE
ATTORNEY WHO DRAFTED THE TRUST OR ANOTHER ATTORNEY QUALIFIED TO
GIVE A LEGAL OPINION, CONFIRMING THE TOTAL ASSETS OF THE TRUST,
DATE/AMOUNT THE TRUST FULLY DISTRIBUTES TO THE APPLICANT, WHETHER
APPLICANT IS ALLOWED TO REQUEST DISTRIBUTIONS FROM THE TRUST AND
IF SO, UNDER WHAT CONDITIONS (I.E. HOUSING), AND TOTAL NUMBER OF
LIVING BENEFICIARIES OF THE TRUST.
o SIGNED 4506-T BY TRUSTEE OR AUTHORIZED SIGNER, AS ACCEPTABLE TO
APCHA AND THE IRS, ON BEHALF OF THE TRUST
o 2 MOST RECENT TAX RETURNS OF THE TRUST
o STATEMENTS AND APPRAISALS/DESCRIPTION FOR ALL ASSETS OF THE TRUST.
5. Restriction on Ownership of Other Real Property
In order to qualify and to remain qualified as a tenant or owner, a person may not own any
interest in improved real property or a mobile home (land and/or home) within the Ownership
Exclusion Zone. This includes any such interest held personally, THROUGH MARRIAGE, as a
shareholder or member of a corporation, or as a partner, a joint venture or a beneficiary of a
trust.
a. Ownership of Developed Property in Ownership Exclusion Zone (OEZ)
IN ORDER TO QUALIFY AND TO REMAIN QUALIFIED AS A TENANT OR OWNER, A PERSON,
A PERSON’S SPOUSE OR A MEMBER OF A PERSON’S HOUSEHOLD CANNOT OWN ANY
INTEREST IN IMPROVED REAL PROPERTY OR A MOBILE HOME (LAND AND/OR HOME)
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WITHIN THE OEZ. THIS INCLUDES ANY SUCH INTEREST HELD PERSONALL Y, AS A
SHAREHOLDER OR MEMBER OF A CORPORATION, OR AS A PARTNER , OR JOINT VENTURE,
OR A BENEFICIARY OF A TRUST. If an applicant or a member of the household owns any
interest in improved real property as described above, such person must be divested of
such interest prior to qualification by APCHA (applicants) and in order to remain qualified
(tenants and owners). The fair market value of such property shall be used to make a
determination of an applicant’s assets. Where a tenant or owner acquires such property
by inheritance, such person shall be permitted 180 days from the date of acquisition to
transfer the property, after which time the tenant or owner shall be in violation of this
subsection 5. If the other developed property is one that is within the APCHA deed-
restricted program, THE PROPERTY MUST BE LISTED UPON CLOSING OR PRIOR TO CLOSING
OF ANY HOME. ANY non-sale of the other property within 1890 days requires the owner
to list the most recent purchased property.
Rental applicants may not own any OEZ property unless the property is under an active
sales contract or the applicant is party to a dissolution of marriage proceeding.
Ownership applicants shall:
• List any OEZ property for sale at a competitive, free market price immediately upon
closing, OR BEFORE, on the affording housing unit;
• Sell such property within 180 days upon closing on THE WORKFORCE affordable
housing unit; and
• SUCH PROPERTY SHALL NOT BE ALLOWED TO BE PLACED INTO A TRUST,
REGARDLESS OF WHO THE BENEFICIARY IS, OR OTHER LEGAL ENTITY OR OTHER
BUSINESS ARRANGEMENT; AND
• Submit copies of closing documents TO APCHA verifying sale to APCHA.
If OEZ property is not sold or disposed of at fair market value within 180 days of closing,
owner shall be disqualified, and his/her ownership unit shall be marketed and sold
according to the deed restriction.
b. Ownership of Vacant Undeveloped Property in OEZ
Any unimproved real property owned by applicant (tenant or owner) in the OEZ must be
reported as an asset at appraised value. APCHA tenants and owners shall be permitted to
retain ownership of such property only as long as it remains unimproved.
c. Business Ownership of Deed Restricted Housing
An employer, as defined in Part VIII, who also owns a deed restricted unit is permitted to:
• Maintain ownership of a free-market unit but must record a deed restriction on
the property upon agreement with APCHA for such unit as a rental unit to be
available to the business owners’ qualified employees, or any qualified employee.
For purchase of a free market unit and conversion to deed restricted housing the following
requirements shall apply:
• Owner must inform APCHA that he/she has located a free market unit for purchase
for conversion and demonstrate employee needs to APCHA;
• Owner and APCHA agree to APCHA category and rental price for the unit; and
• Owner agrees to an APCHA-approved deed restriction for the unit of which must
be recorded in the County where the unit is located.
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6. Current APCHA Tenant or Owner in Good Standing
A current APCHA tenant or owner applying to rent or purchase a different APCHA unit must be
in good standing under applicable lease terms and/or HOA policies, payment of HOA dues,
deed restrictions and these GuidelinesREGULATIONS, in addition to meeting all other
requirements.
Prior to applying for a new rental unit or submitting a new bid for an ownership unit, applicants
shall submit to APCHA all documents verifying good standing as requested by APCHA.
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PART IV
APCHA RENTAL POLICIES AND PROCEDURES
Section 1. Rental Priorities (APCHA Managed Properties)
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
executing a lease. Submission of application documents demonstrating qualification is required after a
rental unit is offered to a prospective tenant and prior to signing a lease or occupying the unit.
For properties under APCHA management that are advertised for rent, priority is established according
to the duration of employment/work history; unless one of the following applies:
A. Emergency Workers
AN EMERGENCY WORKER IS AN INDIVIDUAL WHO HAS BEEN VERIFIED BY HIS OR HER DEPARTMENT
HEAD OR HUMAN RESOURCE OFFICER AS MEETING ONE OF THE FOLLOWING CRITERIA:
• A CAREER OR A VOLUNTEER ON-CALL FOR LAW, FIRE, EMS, OR MOUNTAIN RESCUE, OR
• EMERGENCY DISPATCH STAFF, OR
• ON-CALL RESPONDER THAT PROVIDES EMERGENCY CARE TO VICTIMS ON SITE WHO HAVE ON-
CALL SHIFTS OF A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-GOING BASIS
THROUGHOUT THE CALENDAR YEAR, OR
• EMERGENCY MEDICAL PERSONNEL WITH AN ON-CALL RESPONSE TIME OF 30 MINUTES OR LESS
AND WHO ARE SCHEDULED A MINIMUM OF 8HOURS/14 DAYS A MONTH ON AN ON-GOING
BASIS THROUGHOUT THE CALENDAR YEAR.
• To be qualified as an Emergency Worker, the applicant’s supervisor must request
Emergency Worker Status in writing submitted to the Public Safety Council Housing
Subcommittee. It is the responsibility of the supervisor to demonstrate to the Public Safety
Council that the employee is entitled to this priority for a one-year lease. If the Public Safety
Council Housing Subcommittee approves the individual based on service to the community
within the Ownership Exclusion Zone, written verification of such status must be provided
to APCHA.
• A qualified Emergency Worker will be placed at the top of the priority list for APCHA
managed properties. Verification of Emergency Worker status is required for a one-year
renewal of the lease. This requirement expires after two years of residency and service.
Emergency worker priority does not extend to APCHA rental units under private property
management.
B. Mobility-disabled Applicants
A qualified mobility-disabled employee (See Definitions) shall have first priority in renting or
purchasing a mobility-disability, Type A, APCHA unit if all other criteria are met (i.e., category,
minimum occupancy).
C. Senior Applicants (applies only to Aspen Country Inn)
Qualified seniors shall have rental priority for senior-designated units at the Aspen Country Inn. A
qualified senior is someone who reaches the age of 65 or older as stated in Part VIII, Definitions,
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who is working in Pitkin County at the time of application or who has worked in Pitkin County full
time (at least 1500 hours per year) for 4 10 years immediately prior to retirement or later. Second
priority is granted to qualified applicants age 55 to 64, working full time in Pitkin County at the time
of application. Seniors must meet all other qualification requirements.
D. Residents Displaced by Affordable Housing Property Development
Tenants of deed restricted housing may be displaced by the construction of new affordable housing
units or the conversion of existing free market dwelling units to deed restricted affordable housing
units. Tenants residing in free-market rental units that are converted to deed restricted affordable
housing shall be permitted to continue occupancy if APCHA qualifications are met or, if qualified,
they shall have priority in renting a unit of the same size at another location as determined by
APCHA.
Section 2. Rental Procedures
Available rental units may be advertised by the private sector property owners. Properties managed by
APCHA are listed at www.apcha.org. See Appendix D for affordable housing rental properties.
A. Rental Units under APCHA Management
Available units under APCHA management are advertised in the classified section of the Aspen
Daily News on Mondays and Tuesdays. Rental listings are also posted at www.apcha.org.
AVAILABLE UNITS MANAGED BY APCHA WILL BE ADVERTISED ON APCHA’S WEBSITE.
INTERESTEDRental applicants must sign up to be considered for an APCHA-advertised UNITunit on a
sign-up sheet specific to the unit in the APCHA OR TRUSCOTT officeS DURING THE TIME FRAME
INDICATED ON THE ADVERTISEMENT. If otherwise qualified, rental applicants are permitted to sign
up for a unit in a higher category than the category for which they are specifically qualified, however,
rental in a lower category is not permitted.
The sign-up period for an advertised unit ends at 3:00 pm on Wednesday of the same week the
advertisement is published. APCHA shall then contact the highest priority applicant and request
submission of a Rental Application and documents verifying qualification. INTERESTED PARTIES
MUST, FOR APCHA-MANAGED UNITS, HAVE A WORK HISTORY VERIFICATION FORM ON FILE WITH
APCHA PRIOR TO SIGNING UP FOR ANY UNIT.
B. Rental Units under Private Sector Property Management
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
PRIOR TO executing a lease. Private owners and property management companies manage most
of the deed restricted rental units in the city and county. Available rentals under private control
are advertised separately from APCHA listings and each such owner or property manager may
follow a different rental procedure. However, affordable housing rental applicants must qualify
through APCHA prior to executing a lease, and all leases are subject to APCHA approval.
Applicants for rental of an WORKFORCEaffordable housing unit under private property
management shall first inquire with the property manager or owner regarding availability of a unit
and after being offered such unit, shall apply and qualify through the APCHA office.
C. ADU and CDU Rental by Preference of Owner
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All tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
PRIOR TO executing a lease. Tenants of Accessory Dwelling Units (ADU, located in the city) or
Caretaker Dwelling Units (CDU, located in the county) are subject to APCHA rental qualification
requirements. The owner of any such unit shall be permitted to choose his/her APCHA-qualified
tenant.
D. Seasonal Rentals
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
PRIOR TO executing a lease. Persons working in the city or county at least thirty (30) hours per
week during the winter months (November-April) OR DURING THE SUMMER MONTHS (MAY-
SEPTEMBER) shall be eligible for rental of APCHA seasonal rental units at designated properties. A
seasonal employee/worker, student, intern or faculty member must submit an APCHA Seasonal
Rental Application and additional documents as required, unless the unit is occupied by students
and/or faculty of the Music Associates of Aspen (MAA). These properties include, but may not be
limited to, Marolt Ranch, Burlingame Ranch Seasonal Housing, designated dormitory-type units
located at Aspen Highlands Village.
Section 3: Requalification and Retiring in APCHA Rental Housing
Tenants residing in deed restricted units shall be reviewed and verified at least every two years to
ensure that they continue to meet the requirements of the GuidelinesREGULATIONS, including but
not limited to:
• Minimum Occupancy; • Income and Asset Requirements; • Residency and employment; and • Non-ownership of developed residential property in the Ownership Exclusion Zone.
• WORK FULL-TIME, 1,500 HOURS PER CALENDAR YEAR IN PITKIN COUNTY OR FOR
A PITKIN COUNTY EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD TOTAL
INCOME IN PITKIN COUNTY;
• OCCUPY APCHA UNIT AS A PRIMARY RESIDENCE AND OCCUPY THE UNIT AT LEAST
NINE MONTHS PER CALENDAR YEAR;
• OWN NO OTHER DEVELOPED RESIDENTIAL PROPERTY WITHIN THE OWNERSHIP
EXCLUSION ZONE (OEZ) IN ACCORDANCE WITH SECTION . . . . . ;
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICABLE REQUIREMENTS OF THESE REGULATIONS.
Tenants residing in deed restricted housing who retire upon reaching retirement age must continue
to MEET ALL OTHER REQUIREMENTS BESIDES THE FULL-TIME WORK REQUIREMENT OF THESE
REGULATIONSreside in their deed restricted unit at least nine months out of the calendar year and
not own any other developed property within the Ownership Exclusion Zone in order to remain
qualified.
Establishing compliance with the requirements stated in Part IV, Section 2, paragraph B APCHA does
not guarantee the availability of an WORKFORCEaffordable housing unit to the applicant. APCHA may
deny access to deed restricted housing to any applicant whom APCHA finds would pose a risk to the
use and enjoyment of deed restricted housing to other qualified persons, or whose record as an
occupant of deed restricted housing otherwise justifies a conclusion by APCHA that it would be in
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the best interests of APCHA to reject the application. In making any determination under this
provision APCHA shall consider among other things, the applicant’s criminal record, past non-
compliance under any prior leases, and past relationships with APCHA.
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TABLE VIII
MAXIMUM ANNUAL APCHA ADJUSTMENT
Year Rate Adjustment Year Rate Adjustment
1978-1982 0.0% 2009 0.7%
1983 6.6% 2010 2.3%
1984 5.0% 2011 1.3%
1985 3.3% 2012 3.0%
1986-1988 0.0% 2013 1.7%
1989 4.7% 2014 1.1%
1990 3.0% 2015 1.1%
1991 0.0% 2016 0.1%
1992 2.0% 2017 1.5%
1993 1.2% 2018 2.3%
1994 1.0% 2019 2.2%
1995 1.1%
1996 0.99%
1997 1.31%
1998 0.73%
1999 0.54%
2000 1.08%
2001 1.40%
2002 1.63%
2003 2.15%
2004 1.6%
2005 3.0%
2006 3.0%
2007 1.7%
2008 3.0%
The increase is based on the lesser of the percentage change in the Consumer Price Index (Urban Wage
Earners) from November of one year to November of the following year, or 3%, whichever is less. The
index increased at the rate of 2.2% from November 2017 to November 2018; therefore, the annual increase
in 2019 is 2.2%. Please contact the APCHA for the actual maximum rental rates available and/or the
maximum rental rates for a specific deed-restricted property.
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PART VI
APCHA PURCHASE, AND SALE AND CAPITAL IMPROVEMENT REQUIREMENTS POLICIES AND
PROCEDURES
Section 1. Application and Qualification to Purchase Affordable Housing
Applicants for ownership of deed restricted units must apply by submitting an APCHA Qualification
Packet AND PRICE BID with copies of those documents demonstrating qualification, and all applicable
fees. Applicants are advised to apply and qualify in advance of submitting a bid for an ownership unit
with a lender. However, bids may be submitted with the application documents. All first-time applicants
must also include HAVE a Certificate of Completion of the Home Buyer On-Line Education Program and
review. ThEree options can be found on APCHA’s website, https://www.apcha.org/223/Homebuyer-
Education.
APCHA MAY REQUIRE ADDITIONAL INFORMATION AS IT DEEMS NECESSARY.
Bids are prioritized by APCHA according to the qualification criteria stated in Part IV for eligibility and
qualification.
Section 2. Sale Listings
A. Fees for Listing and Selling
There are two fees involved in the listing and sale of a Deed Restricted Affordable Housing unit – a
Listing Fee and a Sales Fee. The Sales Fee is equal to two percent (2%) of the sale’s price of the
property, unless otherwise specified in the Deed Restriction. Unless otherwise specified in the Deed
Restriction, the APCHA will collect half of the total fee (the Listing Fee) at the time of the listing. If a
sale is completed by the APCHA, the Listing Fee is considered part of the overall Sales Fee and will be
applied to the total Sales Fee payable at closing. The APCHA may instruct the title company to pay
said fees to the APCHA out of the funds held for the Seller at the closing. In the event that the Seller:
a) fails to perform under the listing contract, b) rejects all offers at maximum price in cash or cash-
equivalent terms, or c) withdraws the listing after advertising has commenced, that portion of the
Listing Fee will not be refunded. In the event that the Seller withdraws for failure of any bids to be
received at maximum price or with acceptable terms, the advertising and administrative costs
incurred by the APCHA shall be deducted from the fee. The balance will be credited to the Seller’s
sales fee when the property is sold.
B. Sale Advertisements
APCHA advertises ownership units listed for sale weekly, on Fridays on the APCHA website
www.apcha.org. Any interested parties can request ALERTS on new Listings from this website.
Listings and advertisements include information pertaining to category, size, price, taxes, HOA
dues/assessments, amenities and bidding. The listing shall include either scheduled open house
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date and time and/or contact information for making a viewing appointment.
C. Viewing Listed Units
Ownership applicants are advised to make every effort to view units in advance of placing a bid;
however, the only official viewing is during the open house.
D. Financing Pre-qualification
Ownership applicants are encouraged to investigate sources of financing and it is highly
recommended that the applicant obtain a pre-qualification letter from a lending institution prior to
submitting a bid. Go to www.apcha.org, click on Housing Forms. Under the Sales designation is the
list of the local lending institutions familiar with the APCHA housing program.
Section 32. Bid Process
Qualified ownership applicants shall submit PRICE bids to APCHA on a Bid Submission form during the
bid period with the applicable fee WITHIN THE REQUIRED TIME PERIOD.
A. Bid Period
The initial bid period is usually two weeks (an exception would be in-complex bids; see Section C.2
below. If no bids are received for a unit during the initial bid period, advertisement of the listed unit
shall continue until the unit is sold or the listing is withdrawn.
B. Bid Submission
Only qualified APCHA applicants may submit bids on ownership units. Bids at a price higher than the
listed sale price, which is ordinarily the maximum sales price permitted by the Deed Restriction, shall
not be accepted. If otherwise qualified, ownership applicants may be permitted to bid for a unit in
THEIR CATEGORY OR ONE CATEGORY a higher category. However, bBidding in a lower category is
not permitted.
AN APPLICANT IS ALLOWED TO HAVE ONE OWNERSHIP QUALIFICATION PACKET ON FILE WITH
APCHA AT ANY GIVEN TIME.
A member of a currently qualified APCHA household, WHETHER ON THE DEED OR NOT, may not bid
on another unit separately from his/her household unless legal verification of separation or divorce
is submitted (if married) or a sworn statement of separation that is notarized is submitted (if
unmarried) to APCHA in advance of bidding. Documentation of separated assets and income must be
provided in advance of bidding. At the end of the bid period, bids at the listed sale price that meet all
top priority criteria are considered first and are placed into a lottery.
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C. Bid Priority
1. Transfers Outside the Bid Process
Certain transfers as described in these GuidelinesREGULATIONS are not required to go through
the bid process and lottery. Such transfers shall be made in accordance with the applicable
Deed Restriction and APCHA approval at the maximum sale price determined in accordance
with the Deed Restriction. TRANSFERS OUTSIDE THE BID PROCESS ARE NOT ALLOWED IF
UNDER A COMPLIANCE INVESTIGATION OR OUT OF COMPLIANCE WITH THE DEED
RESTRICTION OR APCHA REGULATIONS.
Requirements for transfers to Co-owners, Household Members or Family members are stated
below: ELIGIBLE TRANSFEREES INCLUDE:
TRANSFERS TO SPOUSE, CHILD OR SIBLING (OWNER REMAINING ON DEED; ADDING AN
OWNER)
• Persons with a present ownership interest Joint or Tenants In Common, in the affordable
housing unit.
• Person(s) chosen by the remaining owner(s) to purchase the interest of another owner,
as long as the household is qualified as defined herein. The owner remaining must
continuing ownership of the home for at least four (4) years. ANY OTHER OWNERSHIP
INTEREST MUST BE APPROVED BY SPECIAL REVIEW IF NOT UNDER A COURT ORDER DUE
TO DISSOLUTION PROCEDURES AND SOLD TO A QUALIFIED EMPLOYEE.
• A qualified spouse and/or child(ren) of current owners, including joint custody of the
children, and/or qualified parent(s). A qualified spouse and/or child does not have to
meet the category for the unit nor the minimum occupancy requirement. A transfer
between siblings is permitted; however, the person who is gaining ownership by a
transfer between a family member (as defined in these Guidelines) must qualify fully
under that specific category, including minimum occupancy. Any transfer must be to an
actively employed Pitkin County employee as defined herein. For example, if the unit is
a Category 3, 2-bedroom unit, the sibling must qualify as a fully qualified two-person,
Category 3 household with a work history of at least the last four years. Transfer within
immediate family to a qualified buyer requires a $100 transfer fee and must be approved
by the APCHA prior to the transfer. The qualified buyer is also required to enter into a new
deed restriction during the transfer process.
a. THE INDIVIDUAL TO BE ADDED TO THE DEED MUST BE AN IMMEDIATE FAMILY
MEMBER, AS DEFINED IN THESE REGULATIONS AND MUST BE QUALIFIED BY
APCHA PRIOR TO THEIR NAME BEING ADDED TO THE DEED.
• A QUALIFIED SPOUSE, AND/OR CHILD DOES NOT HAVE TO MEET THE INCOME
AND ASSET REQUIREMENTS (CATEGORY) FOR THE UNIT. IN ORDER FOR A
SPOUSE TO BE ADDED TO A DEED, APCHA WILL REQUIRE PROOF OF MARRIAGE.
• THE ADDITION OF A SIBLING IS PERMITTED; HOWEVER, THE SIBLING MUST
QUALIFY FULLY UNDER THAT SPECIFIC CATEGORY. A QUALIFIED SIBLING DOES
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NOT HAVE TO MEET THE INCOME AND ASSET REQUIREMENTS (CATEGORY) FOR
THE UNIT. HOWEVER, THEY MUST HAVE A WORK HISTORY OF AT LEAST 10 YEARS
IN PITKIN COUNTY PRIOR TO THE REQUEST TO BE ADDED.
b. ALL TRANSFERS WITHIN IMMEDIATE FAMILY TO A QUALIFIED BUYER REQUIRE A
$1,000.00 TRANSFER FEE.
c. A NEW DEED RESTRICTION WILL BE REQUIRED TO BE PLACED ON THE PROPERTY
DURING THE TRANSFER PROCESS.
TRANSFERS TO CHILD, SIBLING OR PARENT (REMOVING OWNER FROM DEED; ADDING NEW
OWNER):
a. THE INDIVIDUAL TO TAKE OVER THE DEED MUST BE QUALIFIED BY APCHA PRIOR TO
THEIR NAME BEING ADDED TO THE QUITCLAIM DEED OR OTHER METHODS OF BEING
ADDED AS AN OWNER.
• A QUALIFIED CHILD DOES HAVE TO MEET THE CATEGORY FOR THE UNIT. A
QUALIFIED CHILD MUST MEET THE MINIMUM OCCUPANCY REQUIREMENT MINUS
ONE. IN ORDER FOR A CHILD TO ADD THEIR SPOUSE TO THE DEED AND TITLE,
PROOF OF MARRIAGE IS REQUIRED. IN ORDER FOR A SPOUSE TO BE ADDED TO A
QUITCLAIM DEED, APCHA WILL REQUIRE PROOF OF MARRIAGE.
• A TRANSFER BETWEEN SIBLINGS IS PERMITTED; HOWEVER, THE PERSON WHO IS
GAINING OWNERSHIP BY A TRANSFER BETWEEN A FAMILY MEMBER (AS DEFINED
IN THESE REGULATIONS) MUST QUALIFY FULLY UNDER THAT SPECIFIC CATEGORY,
INCLUDING MINIMUM OCCUPANCY.
o THE SIBLING MUST QUALIFY UNDER ALL APCHA REQUIREMENTS
INCLUDING/BUT NOT LIMITED TO:
1) MINIMUM OCCUPANCY
2) QUALIFY UNDER THE UNIT’S CATEGORY
3) WORK HISTORY OF AT LEAST 10 YEARS IN PITKIN COUNTY IMMEDIATELY
PRIOR TO THE REQUEST FOR A TRANSFER.
b. ALL TRANSFERS WITHIN IMMEDIATE FAMILY TO A QUALIFIED BUYER REQUIRE A
TRANSFER FEE DETERMINED ADMINISTRATIVELY.
c. THE QUALIFIED BUYER(S) IS ALSO REQUIRED TO ENTER INTO A NEW DEED
RESTRICTION DURING THE TRANSFER PROCESS.
TRANSFERS OUTSIDE THE IMMEDIATE FAMILY
• TRANSFERS OUTSIDE OF THE IMMEDIATE FAMILY ARE NOT ALLOWED. A NAME CAN
ONLY BE REMOVED FROM A DEED AFTER FOUR YEARS OF CONSECUTIVE OWNERSHIP,
UNLESS THERE IS A COURT ORDER THAT DICTATES OTHERWISE.
ANY OTHER CHANGE IN OWNERSHIP INTEREST MUST BE APPROVED BY THE HEARING OFFICER
IF NOT UNDER A COURT ORDER DUE TO DISSOLUTION PROCEDURES AND SOLD TO A
QUALIFIED EMPLOYEE.
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2. In-complex Priority
An in-complex bid is one made by a current owner who has owned and resided for at least one
year in a unit in the same affordable housing complex or development as the listed unit. In -
complex applicants must meet all APCHA requirements for the new unit, including minimum
occupancy, and the in-complex applicant’s current home must be listed within 30 days of
closing and sold within 180 days after closing. [An in-complex bid by an owner who has owned
a unit for less than one year whose household meets all the requirements of a top priority bid,
shall be classified as a second priority in-complex bid.] In-complex bids submitted during the
first week of the initial bid period shall have first priority over all other bids except transfers to
a co-owner, and shall not be subject to lottery, unless more than one in-complex bid has been
submitted. In-complex bids placed after the first week of the initial bid period shall be
processed and prioritized like all other first priority bids.
In multi-phase affordable housing projects under construction, an APCHA owner who owns a
newly constructed deed-restricted unit shall have in-complex priority in bidding on units within
the same construction phase of the project, but not have in-complex priority in later phases of
the project until all phases are complete. The in-complex priority does not exist for newly
constructed affordable housing units (resales only). ONCE THE MULTI-PHASE PROJECT IS
COMPLETED, THE STANDARD IN-COMPLEX BID PROCESS APPLIES.
Multiple priority bids from applicants with one year or more of ownership shall be decided by
lottery. IN ALL CASES OF IN-COMPLEX PRIORITY, THE SUCCESSFUL APPLICANT’S PRESENTLY-
OWNED PROPERTY MUST BECOME AVAILABLE THROUGH THE LOTTERY SYSTEM WITHIN 30 DAYS
AFTER CLOSING OF THE PURCHASE OF THE NEWLY ACQUIRED UNIT.
Two or more bids submitted at the listed sale price shall be prioritized according to
employment history and/or other criteria as described below. A lottery shall be held for
applicants meeting all APCHA top priority criteria. ALL NEW PROJECTS REQUIRE A LOTTERY TO
BE HELD FOR ALL TOP PRIORITY APPLICANTS AS STATED IN TABLE IX (UNLESS THE APPLICANT
WAS CHOSEN ACCORDING TO PART III, SECTION 6.C.3).
3. Mobility Disabled Applicants
Under city and county land use regulations and building codes, and ADA regulations, a certain
percentage of APCHA ownership units are constructed or designed to be modified to meet the
needs of persons with mobility disability (Type A units). Applicants with mobility disability and
meeting all other applicable APCHA requirements shall have priority over in-complex bids for
units specified for mobility disability preference only. Mobility-disability bids are accepted only
at the listed sale price. Two or more top priority qualified bids of mobility disability applicants
shall be decided by lottery.
4. Displaced Residents
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Owners of free market and deed restricted units displaced by the construction of new
affordable housing or conversion of existing affordable housing shall have bid priority for the
purchase of a unit of comparable size and category as owned when displaced, provided such
displaced owners qualify and are in good standing with APCHA at time of displacement.
Displaced residents shall be required to meet all APCHA qualifications except income and asset
requirements.
5.4. Emergency Workers
AN EMERGENCY WORKER IS AN INDIVIDUAL WHO HAS BEEN VERIFIED BY HIS OR HER
DEPARTMENT HEAD OR HUMAN RESOURCE OFFICER AS MEETING ONE OF THE FOLLOWING
CRITERIA:
• A CAREER OR A VOLUNTEER ON-CALL FOR LAW, FIRE, EMS, OR MOUNTAIN RESCUE, OR
• EMERGENCY DISPATCH STAFF, OR
• ON-CALL RESPONDER THAT PROVIDES EMERGENCY CARE TO VICTIMS ON SITE WHO HAVE
ON-CALL SHIFTS OF A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-GOING BASIS
THROUGHOUT THE CALENDAR YEAR, OR
• EMERGENCY MEDICAL PERSONNEL WITH AN ON-CALL RESPONSE TIME OF 30 MINUTES OR
LESS AND WHO ARE SCHEDULED A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-
GOING BASIS THROUGHOUT THE CALENDAR YEAR.
To be qualified as an Emergency Worker, the applicant’s supervisor must request Emergency
Worker Status in writing submitted to the Public Safety Council Housing Subcommittee. If the
Public Safety Council Housing Subcommittee approves the individual, written verification of
such status shall be provided to APCHA. The individual who has been in service to the
community within Pitkin County for at least one year may be given credit for four years of
employment in Pitkin County, with a maximum of 5 chances in a lottery. All other criteria must
be met; i.e., minimum occupancy, category, non-ownership of residential property within the
OEZ. All such persons are required to maintain such employment until the completion of four
years of service after acquiring the unit. If any such person leaves the emergency status
position before that time, he or she is required to list the unit for sale in accordance with the
deed restriction. SUCH EMERGENCY WORKER MUST WORK IN PITKIN COUNTY FOR AT LEAST
8 YEARS TO OBTAIN AN EXTRA CHANCE IN THE LOTTERY.
The Emergency Worker priority shall have five (5) chances per lottery until such time as the
Emergency Worker has worked within Pitkin County over eight (8) years. A certified emergency
worker with such priority who leaves his/her position before completing four years of continuous
service and certification shall lose priority and be required to list his/her ownership unit for sale.
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6.5. Local High School Graduates
Applicants who have graduated from a local high school located within the OEZ will be given
credit for four years of employment in Pitkin County upon proof of the following:
• Diploma from the local high school; and
• At least one parent employed full-time in Pitkin County at time of graduation and
at least four years prior to said graduation; and
• Present full-time employment in Pitkin County immediately following an absence
of less than 5 years.
7.6. Employment/Work History Priority
PRICE Bbids at the listed sale price are prioritized according to qualified applicant
employment/work history. Applicants with a minimum of four consecutive years of
employment/work history receive highest priority. SEE TABLE ?? FOR CHANCES.
Priority bids are decided by lottery. If competing priority bids are not submitted, if priority bidders
do not accept the unit, or if the priority bidders are unable to meet the requirements of the sales
contract, non-priority bids, if any, shall be accepted and decided by lottery. See Table IX for bid
priority per unit size and employment/work history.
Two or more bids submitted at the listed sale price shall be prioritized according to
employment history and/or other criteria as described below. A lottery shall be held for
applicants meeting all APCHA top priority criteria. ALL NEW PROJECTS REQUIRE A LOTTERY TO
BE HELD FOR ALL TOP PRIORITY APPLICANTS AS STATED IN TABLE IX (UNLESS THE APPLICANT
WAS CHOSEN ACCORDING TO PART III, SECTION 6.C.3).
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TABLE IX
APCHA BID PRIORITY PER EMPLOYMENT HISTORY & OCCUPANCY
Per Category and Household Size of Ownership Applicant
The following are the priorities among competing bids for each type of unit in the APCHA inventory:
Studio Units
1. A single person household with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
2. A household greater than one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
3. A household of any size with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
4. A household of any size with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
One-bedroom Units
1. A household of one or more qualified employees with four or more consecutive years of employment in
Pitkin County immediately prior to application for purchase.
2. A household of one or more qualified employees with one to f our consecutive years of employment in
Pitkin County immediately prior to application for purchase.
3. A household of one or more qualified employees with less than one consecutive year of employment in
Pitkin County immediately prior to application.
Two-bedroom Units
1. A household of at least two qualified employees, or one qualified employee and one dependent, where at
least one qualified employee has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
2. A household of at least two qualified employees or one qualified employee and one dependent, where at
least one qualified employee has worked one to four consecutive years of employment in Pitkin County
immediately prior to application for purchase.
3. A household of at least two qualified employees or one qualified employee and one dependent where at
least one qualified employee has worked less than one consecutive year of employment in Pitkin County
immediately prior to application.
4. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
5. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
6. A household of one person with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
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Three-bedroom Units
1. A household of at least two qualified employees and one dependent, or one qualified employee with two
dependents, in which at least one qualified employee has four or more consecutive years of employment
in Pitkin County immediately prior to application for purchase.
2. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
3. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee(s) has worked less than one consecutive year of
employment in Pitkin County immediately prior to application.
4. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
5. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked one to four consecutive years of employment in Pitkin
County immediately prior to application for purchase.
6. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
7. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
8. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
9. A household of one person with less than four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
Four-bedroom Units
1. A household of at least two qualified employees and two dependents, or one qualified employee with
three dependents, in which at least one qualified employee(s), has four or more consecutive years of
employment in Pitkin County immediately prior to application for purchase.
2. A household of at least two qualified employees and two dependents, or one qualified employee and three
dependents, in which at least one qualified employee(s) has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
3. A household of at least two qualified employees and two dependents, or one qualified employee and three
dependents, in which at least one qualified employee(s)has worked less than one consecutive year of
employment in Pitkin County immediately prior to application.
4. A household of at least two qualified employees and one dependent, or one qualified employee with two
dependents, in which at least one qualified employee(s)has four or more consecutive years of employment
in Pitkin County immediately prior to application for purchase.
5. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee(s) has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
6. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which said employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
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7. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
8. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked one to four consecutive years of employment in Pitkin
County immediately prior to application for purchase.
9. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
10. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
11. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
12. A household of one person with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
Section 4. Lottery
The demand for affordable housing units typically result in competing bids of equal priority that are
decided by lottery. When necessary, a second lottery and succeeding lotteries may be conducted to
decide among succeeding bids of equal priority as specified in Table IX.
A. Lottery Chances
Priority bids are assigned a number of lottery chances according to length of consecutive
employment/work history. Should there be no first priority applicant, non-priority bids shall then
be assigned chances according to length of employment. Each chance represents a single entry of
the name in the lottery. In the event of equally qualified applicants, Table X, states the number of
lottery chances assigned according to consecutive employment within Pitkin County/Aspen.
TABLE X
NUMBER OF APCHA LOTTERY CHANCES FOR PRIORITY BIDS
Years employed/worked in Pitkin County Number of lottery chances
more than 4 years, less than 8 5
more than 8 years, less than 12 6
more than 12 years, less than 16 7
more than 16 years, less than 20 8
more than 20 years 9
B. Lottery Process
Lottery dates are specified in sale advertisements. Lotteries are usually scheduled to occur at noon
on the Monday following the end of a bid period (unless Monday falls on a holiday).
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1. Lottery Entry Verification
All priority bids shall be entered into the lottery with the applicable number of lottery chances.
To ensure that no qualified priority bid is excluded, names of applicants with priority bids in
the lottery shall be printed and verified by APCHA prior to running the lottery. APCHA shall
match bid submission forms with the receipts provided to bidders and, if verified, post the
names of lottery entries at the door of the APCHA Housing office usually by noon on Friday
before the lottery is scheduledON THE WEBSITE BY 5:00 ON THE FRIDAY BEFORE THE LOTTERY.
After a lottery but before posting winners, the list of lottery entries shall again be printed and
verified to ensure that all qualified priority bids were included in the lottery. Any error shall be
noted on the printout and a corrected lottery shall be run if necessary.
2. Lottery Winners
IF THE LOTTERY WINNER’S QUALIFICATION PACKET IS OLDER THAN 30 DAYS AT THE TIME OF
WINNING THE LOTTERY, THE HOUSEHOLD WILL HAVE 48 HOURS TO SUBMIT NEW
INFORMATION TO APCHA FOR CONFIRMATION OF EMPLOYMENT AND CATEGORY. A lottery
continues until the bids of persons included in the lottery are drawn once. The first-place lottery
winner’s application, qualification and bid materials shall then be reviewed by APCHA for
completion and verification before the winner is notified. Then an appointment is made for the
winning bidder to meet with APCHA regarding the sales contract. APCHA shall have the authority
to disqualify a winner if such person’s qualifications cannot be verified or if they are incomplete
or inaccurate.
Upon such verification of the successful bid, a lottery is classified as “official” and the names of
the lottery winners and order of other bidders shall be posted at the APCHA office and on the
website, www.apcha.org.
If purchase by the first-place lottery winner does not occur for any reason, the second-place
lottery winner shall be offered the opportunity to purchase the unit, and SO ON THROUGH THE
LIST. the process shall continue through the lottery list until the unit is sold.
Section 5. Sales Contract
A. Legal Counsel
APCHA does not provide legal advice to purchasers or sellers. P urchasers and sellers of deed
restricted units are advised to consult legal counsel regarding contracts, financial agreements, deed
restrictions, title documents, condominium declarations and covenants, HOA policies including
Capital Reserves policies, and any other legal matters pertaining to a sale. Buyers and sellers
retaining professional services related to purchase or sale shall do so at their own expense.
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B. Three-day Contract Negotiation Period
A qualified buyer with a winning bid must sign an APCHA approved sales contract stating all terms of
the proposed purchase WITHIN three (3) business days after the holding of the lottery. APCHA shall
present the contract to THE seller for REVIEW AND approval and execution.
If negotiations fail before a contract is signed, or if a contract fails before closing, the unit shall be
offered to the second-place lottery bidder at which time a new negotiation period shall commence.
C. Terms of the Sale Contract
APCHA prepares a modified Colorado Real Estate Commission sale contract for all APCHA sales.
Sales contracts shall include correct names of potential owners as they shall appear on the deed to
the property, the purchase price, seller’s personal property as included in or excluded from the
sale, date of closing and other terms, including but not limited to inspection and financing
contingencies, with a reasonable time frame for satisfaction of any such contingencies.
1. Inspection/Due Diligence
APCHA sales contracts include a deadline for an inspection during which time a buyer has the
right to hire, at his/her own expense, a certified inspector to conduct a formal inspection of
the unit and provide a written report.
The buyer shall work with APCHA and the seller in addressing repairs necessary to bring the
unit to Minimum Standards for Maximum Sale Price under Guidelines. The seller shall make
such necessary repairs prior to closing or the cost for repair as approved by APCHA shall either
be deducted from the sales price, funds put into escrow until the repairs are completed, or a
credit provided to the buyer.
The buyer shall have the right to inspect the unit immediately prior to closing to verify the
condition of the unit.
2. Buyer Financing
APCHA sales contracts include a deadline for the Buyer to secure a mortgage loan for purchase
of the unit.
Ownership applicants must sign an authorization for APCHA to obtain copies of purchaser’s
financing documents from lending institutions for APCHA review. All financing agreements
related to affordable housing units must be approved by APCHA.
Buyers are strongly advised to pre-qualify with lending institutions for financing in anticipation of
submitting a bid. An owner selling one unit and purchasing another may require financing to
bridge the period between closings on purchase and sale. Go to www.apcha.org, click on Housing
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Forms. Under the Sales designation is the list of the local lending institutions familiar with the
APCHA housing program. APCHA highly recommends that a buyer seek financing within the
Roaring Fork Valley from lenders familiar with the APCHA deed-restricted program.
Section 6. Closing the Transaction
APCHA is responsible for preparing all contracts and other documents pertaining to sale and purchase, in
consultation with the parties. The closing of the sale shall take place on a date specified in the sales
contract. Closing is coordinated by APCHA with a closing to be completed by a local title company
chosen by the parties in the sales contract, usually the seller.
A. Deed Restriction Agreement
At closing, the Buyer signs a memorandum of acceptance or deed restriction agreement, whichever
is applicable. Said document will be recorded with the Pitkin County Clerk and Recorder along with
the deed and other pertinent closing documents.
B. Co-signers
All parties to a sales transaction shall sign the closing documents as required. A person who is not
APCHA-qualified but who will co-sign a financial agreement related to the purchase of an affordable
housing unit must sign a Non-qualified Co-owner Affidavit stating he/she shall not occupy the unit
and shall release the unit for resale by APCHA should the resident owner no longer be in
compliance.
Section 7. Sale of an Ownership Unit / Listing a Unit for Sale
An owner planning to sell his/her unit must consult APCHA to review deed restrictions and Guideline
requirements applicable to the sale. Unless otherwise stated in A UNIT’S deed restrictions, APCHA units
shall be listed for sale through APCHA.
All aspects of THE sale shall be managed by APCHA in accordance with these GuidelinesREGULATIONS.
APCHA acts as A Transaction Broker representing both buyer and seller and shall represent both parties
fairly. The parties may seek legal counsel at their own expense.
A. Listing Agreement
Sellers must sign a Listing Agreement with APCHA establishing sale procedures and terms, including
fees.
B. Listing and Transaction SALES Fee
A SALES FEE IS EQUAL TO TWO PERCENT (2%) OF THE SALE’S PRICE OF THE PROPERTY, UNLESS
OTHERWISE SPECIFIED IN THE DEED RESTRICTION, IS PAYABLE TO APCHA. SEVEN HUNDRED AND
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FIFTY DOLLARS ($750) OF THE SALES FEE WILL BE COLLECTED BY APCHA AT THE TIME OF THE
LISTING. THE REMAINING BALANCE WILL BE COLLECTED AT TIME OF CLOSING FROM SELLER’S
PROCEEDS. IN THE EVENT THAT THE SELLER: A) FAILS TO COMPLY WITH THE LISTING CONTRACT;
B) REJECTS ALL OFFERS AT MAXIMUM PRICE IN CASH OR CASH-EQUIVALENT TERMS; OR C)
WITHDRAWS THE LISTING AFTER ADVERTISING HAS COMMENCED, THAT PORTION OF THE SALES
FEE PAID AT LISTING WILL NOT BE REFUNDED. Sellers shall be charged a Transaction Fee of the
final sale price, payable to APCHA upon closing; a portion of the Transaction Fee, the Listing Fee, is
payable to APCHA as a non-refundable fee at the time a unit is listed. Listing fees are applied to
advertising and administrative costs related to the sale. See Appendix C.
C. Listing Period
Units listed for sale shall be advertised in successive bid periods until the unit is sold or the listing
withdrawn. Units shall be listed for sale for a minimum of six (6) months before any adjustments to
maximum sales price (unless Seller should choose to lower the sales price before the end of the six
(6) month period). If the unit is being sold through a compliance issue, the sales price will not be
adjusted (increased) until the property is sold.
D.C. Minimum Standards for Maximum Sale Price
APCHA owners and buyers shall be provided a checklist of Minimum Standards for a sale at
Maximum Sale Price, including, but not limited to:
• THIRD PARTY INSPECTION REPORT
• Clean, odor-free interior;
• Carpets professionally steam-cleaned ONCE THE UNIT IS ENTIRELY EMPTY AT LEAST
within two (2) days PRIOR TO of closing;
• VISIBLE MARKS AND Surface scratches, marks, holes in doors, floors, walls, woodwork,
cabinets, counter tops, other than normal wear and tear, SHALL BE repaired;
• Walls in good repair and paint-ready;
• Windows and window locks in good repair; broken panes replaced;
• Window screens in place and in good repair;
• Doors and door locks in good repair; working keys for all locks at closing;
• Light fixtures, outlets, switches secure and in SAFE working order;
• Plumbing in good repair with no leaks;
• Tile grout in good repair and clean;
• Roof in good repair with no leaks (if homeUNIT is a single-family); and
• Safety hazards resolved
1. Seller’s Property Disclosure Form
Seller’s Property Disclosure form and Seller’s Listing Checklist shall be completed and
submitted prior to listing a unit for sale. Sellers shall describe conditions meeting minimum
standards and all conditions, items, fixtures, installations, etc., in the unit requiring repair
and/or cleaning.
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2.1. Mitigation of Repairs
APCHA shall conduct a cursory inspection pointing out items that may show up in an inspection
report; however, APCHA’s inspection does not take the place of the inspection done by an
expert.
If a unit does not meet minimum standards, APCHA may, at its discretion, require that the cost
of necessary repairs be deducted from the closing sale price, or that seller place into escrow
the funds necessary to ensure satisfactory repairs. Any escrow balance remaining after
necessary repairs are satisfactorily made shall be returned to seller.
E. Maximum Sale Price
Unless otherwise stated in the deed restriction applicable to the unit, the Maximum Sale Price for
an APCHA ownership unit meeting minimum standards shall be calculated as follows:
• Seller’s purchase price;
• Plus three percent (3%) simple appreciation for each year owned, or a multiple of the
Consumer Price Index (CPI) between date of purchase and date of sale, whichever is lower;
• Plus cost, at present value, of approved, permitted capital improvements, not to exceed
ten percent (10%) of purchase price, less depreciation;
• Plus cost at present value of approved exempt capital improvements required to meet
health and safety standards.
Section 8. Resident -occupied (RO) Unit Sale Policies and Procedures
RO units are subject to deed restrictions applicable to the unit as approved by APCHA and recorded in
the real property records, and to the GuidelinesREGULATIONS. in effect at the time such deed
restriction was recorded. Some RO units are subject to deed restrictions preceding publication of these
Guidelines as stated therein.
Unless otherwise specified in applicable deed restrictions, prospective owners must meet and maintain
APCHA qualifications, including employment/work, residency and occupancy requirements. Maximum
household income requirements are waived for RO ownership, and a maximum household net asset
limit of $2,250,000 applies only to qualification to purchase a RO unit and not thereafter. SEE SECTION
?
The sale AND QUALIFICATION of a RO unit may be subject to additional requirements as specified in
the applicable Deed Restriction. For example, Williams Ranch includes ten (10) “RO Category 5” units,
for which APCHA qualification is limited to DIFFERENT gross income AND NET ASSETS of $219,000 and
net assets of $778,700 per household. See Appendix E for a listing of ownership units including RO
units.
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If a vacant lot is purchased for RO unit development for a qualified buyer, a Certificate of Occupancy
must be obtained within three years of the sale of the lot or owner shall be deemed out of compliance
AND WILL BE REQUIRED TO LIST THE PROPERTY FOR SALE IMMEDIATELY.
A. Sale Managed according to Deed Restrictions and GuidelinesREGULATIONS
EVEN WHEN A RO UNIT IS NOT REQUIRED TO BE LISTED WITH APCHA, APCHA WILL QUALIFY
PROSPECTIVE PURCHASERS (UNDER APCHA QUALIFICATIONS). ANY RESALES OF RO UNITS SOLD
THROUGH APCHA WILL BE MARKETED THROUGH THE SAME PROCESS AS THE CATEGORY UNITS,
UNLESS SPECIFIED OTHERWISE IN THE APPLICABLE DEED RESTRICTION. THE SELLER IS REQUIRED TO
PAY THE SALES FEE WHICH IS EQUAL TO TWO PERCENT (2%) OF THE SALE’S PRICE OF THE PROPERTY,
UNLESS OTHERWISE SPECIFIED IN THE DEED RESTRICTION. SEVEN HUNDRED AND FIFTY DOLLARS
($750) OF THE SALES FEE WILL BE COLLECTED BY APCHA AT THE TIME OF LISTING WITH THE BALANCE
TO BE PAID AT CLOSING FROM THE SELLER’S PROCEEDS. Unless otherwise specified in applicable
deed restrictions, APCHA shall manage all aspects of the sale of RO units in the same manner as other
ownership units. The sale of RO units in subdivisions formerly known as mobile home parks (except
Woody Creek Park Subdivision) shall be exempt from APCHA sale policies and procedures except that
potential buyers must qualify with APCHA for RO ownership and must maintain compliance with
employment and residency requirements and may not own or purchase other residential property
within the OEZ, and as otherwise specified in each property’s deed restriction.
For those RO projects that do not require the unit to be listed with the APCHA, the APCHA shall qualify
prospective purchasers (under the APCHA qualifications). Any other resales of RO units shall be listed
with the APCHA and will be marketed through the same process as the category units, unless
specified differently in that project’s (seller’s) specific deed restriction. This will guarantee that the
maximum sales price is being adhered to in all aspects of the housing program. The Seller will be
required to pay a Listing Fee of one percent (1%) of the total sales price in addition to the one percent
(1%) Sales Fee, for a total of two percent (2%) of the overall sale’s price, unless specified differently
in the seller’s deed restriction. Properties that were originally classified as mobile home parks – Aspen
Village, Lazy Glen, Smuggler Park Subdivision – are not required to be listed through APCHA; however,
there is a sales fee required to be paid by the seller to APCHA for every sales transaction. If the seller
opts to sell through APCHA, the same fee stated above will apply.
B. RO Maximum Sale Price
Unless otherwise specified in applicable deed restrictions, any sale of a RO unit after the initial sale
shall be subject to a maximum sale price calculated as follows (value of “sweat equity” shall NOT be
included):
• Initial purchase price of the RO unit or lot;
• Plus three percent (3%) simple appreciation for each year owned by Seller, or a
multiple of the Consumer Price Index (CPI) between date of purchase and date of
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listing, whichever is less (some RO units appreciation at 4% or 3% per year – see specific
deed restriction);
• Plus actual cost at present value of construction of the RO unit on the lot, plus 3% or a
multiple of the CPI of that amount, whichever is less, from the date of issuance of a
Certificate of Occupancy (CO);
• Plus actual cost and present value, if any, of construction to expand the RO unit to the
maximum net livable square footage of 2,200 square feet, plus 3% or a multiple of the
CPI, whichever is less, from the date of issuance of a CO of the expansion;
• Plus actual cost at present value, of approved, permitted capital improvements, not to
exceed ten percent (10%) of initial sale price of the completed unit, less depreciation;
• Plus actual cost at present value of approved exempt capital improvements required
to meet health and safety standards.
If deed restrictions specific to the unit permit, a mobile home converted to a RO unit by an APCHA-
qualified owner shall not be subject to an appreciation cap (except for units within the Woody
Creek Park Subdivision).
Section 9. Foreclosures
If set forth in the applicable Deed Restrictions, a Unit sold at a foreclosure sale or acquired by any
person or entity in lieu of foreclosure, APCHA has the option to acquire such Property within thirty (30)
days after:
• the issuance of a confirmation deed to the purchaser; or
• receipt by the APCHA of written notice from such person or entity of the acquisition of such
property in lieu of foreclosure, as applicable, for an option price not to exceed:
(a) in the event of a foreclosure, the redemption price on the last day of all statutory redemption
periods and any additional reasonable costs incurred by the holder during the option period which
are directly related to the foreclosure or
(b) in the event of a transfer in lieu of foreclosure, the amount paid, or the amount of debt forgiven,
by the transferee plus the reasonable costs incurred by the transferee with respect to its acquisition
of such Property or Unit. Notwithstanding any provision herein to the contrary, except for persons
or entities having a valid lien on a Property.
If any such person or entity is not a fully Qualified Buyer (top priority) and acquires an interest in such
Property or Unit in a foreclosure sale or in lieu of foreclosure, such person must list the property for
sale as stated in the deed restriction. The terms of the deed restriction remain in full force and effect
with respect to the property until modified, amended or terminated.
Only fully Qualified Buyers (top priority) may acquire an interest in a Property at a foreclosure sale or
in lieu of foreclosure UNLESS APCHA OPTS TO EXERCISE ITS RIGHT-OF-FIRST REFUSAL TO PURCHASE
SUCH UNIT. If any person or entity having a lien on a Property is not a fully Qualified Buyer (top priority)
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and acquires an interest in such Property or Unit in a foreclosure sale or in lieu of foreclosure, the
owner shall list the home for sale as stated in the deed restriction. The APCHA still has the right-of-first-
refusal within 30 days upon the Qualified Buyer obtaining the confirmation deed.
Notwithstanding the foregoing, and if stated in the Deed Restrictions, in the event of foreclosure by
the holder of the first deed of trust on such property, if the holder of such deed of trust is the grantee
under the public trustee’s deed and APCHA does not exercise its option to purchase as provided in this
Section or in the specific deed restriction, then APCHA agrees to release the property from the
requirements of the deed restriction. Please note, any release of a deed restriction, if APCHA has not
exercised its option to purchase the property, is ONLY effective for a first deed of trust on such
property. Any junior lienholders are subject to the deed restriction.
In the event that APCHA or the Board, as the designee of the APCHA, exercise the option described
above, the APCHA and/or its designee, may sell the Property to Qualified Buyers as that term is defined
herein, or rent the Property to qualified tenants who meet the income, occupancy and all other
qualifications, established by these Guidelines REGULATIONS until a sale to a qualified buyer is affected.
It is APCHA’s policy to purchase the property at the foreclosure sale on the Courthouse steps; however,
APCHA may still exercise the option of purchasing the property within 30 days of the Certificate of Purchase
to the buyer on the Courthouse steps.
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PART VII
MAINTAINING ELIGIBILITY, SPECIAL REVIEW, COMPLIANCE
AND GRIEVANCE POLICIES AND PROCEDURES
Section 1. Maintaining Eligibili ty
APCHA tenants and owners OF DEED RESTRICTED UNITS must maintain the requirements for tenancy
and ownership in good standing as described below UNLESS OTHERWISE REQUIRED IN THE DEED
RESTRICTION.
A. Rental - Requalification every Two Years/Tenant Responsibilities
Every tenant, whether the unit is under APCHA or private sector property management, is required
to re-qualify with APCHA at least every two years and verify continuous full-time employment/work
in the county; primary residency of at least nine months per year; no ownership of developed
residential property in the OEZ; and not exceeding the income and asset limits for that specific
category unit. Requalification requires submission of APCHA forms, verification documents and other
information as requested, along with a Requalification Fee.
A re-qualifying tenant receiving unemployment benefits must meet the full-time work requirement
of 1500 hours per calendar year AND MEET THE EARNED INCOME MINIMUMS.
An APCHA tenant under review for non-compliance shall not be eligible for requalification and shall
not be permitted to renew his/her lease until compliance issues are resolved.
• At least thirty (30) days prior to the end of the TWO-YEAR qualification period, the landlord
of an affordable housing rental unit, whether APCHA or a private sector property manager,
shall notify tenants in writing of the requirement to re-qualify. An APCHA Rental
Qualification Form shall accompany the notice.
• APCHA must approve new leases for affordable housing rental units before the lease is
signed and prior to occupancy.
• Tenants and Owners must submit copies of the executed leases to APCHA.
• When re-qualifying, maximum gross income shall be adjusted to one hundred twenty
percent (120%) of the amount regularly applicable in the respective category. THIS
ADJUSTED MAXIMUM GROSS INCOME WILL ONLY BE USED WHEN THE COMPOSITION OF
THE ENTIRE UNIT IS THE SAME; IT DOES NOT APPLY IF THERE ARE CHANGES TO TENANTS.
• If income or asset limits are exceeded, the tenant will be given one year to come back into
compliance or to vacate the leased premises. A tenant who has entered into the bidding
process to purchase a deed-restricted unit and/or is looking for other rental opportunities,
may reside in the unit for one additional year. However, the rent will be adjusted to the
increased category that corresponds to the current income.
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• Tenants and property managers/landlords shall comply with all lease terms includingAND
the deed restriction. Breach of and/or non-compliance with a lease agreement, deed
restriction and/or Guideline REGULATIONS shall be deemed a violation resulting in
compliance proceedings, PAYMENT OF FINES, and could disqualify the tenant from future
participation in the APCHA program.
B. Ownership – Affidavits and Audits
AFTER ACQUISITION OF A DEED RESTRICTED UNIT, QUALIFIED Owners are not required to maintain
household gross income and net asset limitations, or to meet minimum occupancy requirements,
but shall be required to maintain all other APCHA qualification requirements (i.e., residing in unit
at least nine (9) months out of each calendar year, working full-time within Pitkin County, and not
owning other residential property within the OEZ). (SEE SECTION ???) APCHA will require all owners
to complete and sign a Requalification Affidavit on a bi-ENNIAL (BI-yearly) basis.
APCHA has the right to request additional documentation through an audit or follow up on a
complaint AT ANY TIME TO CONFIRM COMPLIANCE WITH THE APCHA QUALIFICATION
REQUIREMENTS.
Failure to complete the requested forms and/or submit the requested documentation will result in
a Notice of Violation and appreciation will be terminated until the homeowner is brought back into
compliance. Such owners are prohibited from recouping the appreciation lost during the period of
non-compliance.
C. Death of Qualified Employee
1. Rental
Household members in occupancy at the time of a qualified tenant’s death shall be permitted
to continue to occupy the respective unit for the balance of the lease term. Subject to APCHA
approval, surviving household members may be permitted to continue occupancy beyond the
lease term if:
• The deceased qualified tenant had worked a minimum of four TEN years
WITHIN PITKIN COUNTY and/or
• A remaining household member becomes an APCHA-qualified employee/worker
WITHIN SIX MONTHS.
IF OCCUPANTS OF AN APCHA OWNERSHIP UNIT BECOME INELIGIBLE OR DISQUALIFIED, SUCH
UNIT SHALL BE MARKETED AND SOLD ACCORDING TO THE DEED RESTRICTION.
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2. Ownership
A. A qualified spouse and/or child IN OCCUPANCY AT THE TIME OF A QUALIFIED OWNER’S
DEATH does not have to meet the category for the unit nor the minimum occupancy
requirement. A relative in occupancy at the time of a qualified owner’s death shall be
permitted to continue to occupy the respective unit only if the surviving relative is or
becomes APCHA-qualified within six months.
B. IF A DEPENDENT MINOR (UNDER AGE 18) IS THE SOLE SURVIING MEMBER OF A
HOUSEHOLD AND OPTS TO STAY IN THE UNIT AND IS: 1) ENROLLED FULL TIME IN AN
ACCREDITED LOWER OR HIGH SCHOOL PROGRAM NOT TO EXCEED FOUR YEARS; AND 2)
VERIFICATION OF EDUCATION ENROLLMENT IS SUBMITTED TO APCHA IN A TIMELY
MANNER, THEY WILL BE ALLOWED TO REMAIN IN THE UNIT. UPON THE COMPLETION OR
END OF A QUALIFYING EDUCATION PROGRAM, THE OCCUPANT HOUSEHOLD SHALL NOT
REMAIN ELIGIBLE FOR OWNERSHIP UNLESS THE RESPECTIVE STUDENT/DEPENDENT
RETURNS TO RESIDE AND WORK FULL-TIME IN THE COUNTY AND SUBMITS VERFIFICATION
DOCUMENTS AND OWNERSHIP APPLICATION PACKET TO APCHA WITHIN 30 DAYS OF
RETURNING TO RESIDENCE FULL TIME.
A LEGAL GUARDIAN OF THE DEPENDENT MINOR HAS THE RIGHT TO REMAIN IN THE UNIT
AS LONG AS THEY ARE A QUALIFIED EMPLOYEE.
, or a surviving household member is a dependent minor (under age 18) and is:
A. Enrolled full-time in an accredited lower or high school program and/or an immediately
succeeding four-year accredited higher education program not to exceed four-years and
B. Verification of education enrollment is submitted to APCHA in a timely manner.
C.
D. Upon the completion or end of a qualifying education program, the occupant household
shall not remain eligible for ownership unless the respective student/dependent returns
to reside and work full-time in the county and submits verification documents and
Ownership Application Packet to APCHA within 30 days of returning to residence full time.
If occupants of an APCHA ownership unit become ineligible or disqualified, such unit shall be
marketed and sold according to the deed restriction.
If an owner(s) dies and the property is transferred to someone who is not qualified (working at
least 1500 hours per year in Pitkin County and not owning other property within the OEZ), the
owner either must become qualified within six months from acquiring the property or list the
property for sale as stated in the deed restriction. Transfer within immediate family to a
qualified buyer requires a $100 transfer fee and must be approved by the APCHA prior to the
transfer. The qualified buyer is also required to enter into a new deed restriction during the transfer
process.
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Section 2. Landlord Responsibilities -DEED RESTRICTED UNITS
A. ALL TENANTS MUST BE APPROVED BY APCHA PRIOR TO OCCUPANCY AND PRIOR TO EXECUTING A
LEASE. PROPERTY MANAGERS/LANDLORDS MAY NOT LEASE A UNIT UNTIL THEY RECEIVE
APPROVAL FROM APCHA.
B. PROPERTY MANAGERS/LANDLORDS MUST PROVIDE A COPY OF THE LEASE TO APCHA SHOWING
INCLUDING THE RENTAL AMOUNT WHICH IS LESS THAN OR EQUAL TO THE MAXIMUM RENT
ALLOWED PER THE DEED RESTRICTION AND REGULATIONS.
C. DEED RESTRICTED RENTAL UNITS MUST BE LEASED AND OCCUPIED AT ALL TIMES. THE MAXIMUM
PERIOD ALLOWED BETWEEN TENANCIES IS FORTY-FIVE (45) DAYS. THIS ALSO APPLIES TO A
VACANCY BY A ROOMMATE.
D. PROPERTY MANAGERS/LANDLORDS SHALL NOTIFY TENANTS OF THE REQUIREMENT TO REQUALIFY
AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE TWO-YEAR QUALIFICATION PERIOD.
E. PROPERTY MANAGERS/LANDLORDS SHALL, AT THEIR OWN COST AND EXPENSE, MAINTAIN THE
INTERIOR AND EXTERIOR OF THE ENTIRE STRUCTURE AND PROPERTY, INCLUDING ALL RESIDENTIAL
UNITS AND ADJACENT OPEN AREAS, IN SAFE AND CLEAN CONDITION, IN GOOD ORDER AND REPAIR,
EXCEPT FOR REASONABLE WEAR AND TEAR.
A. Prior Approval by APCHA of Tenant and Lease
Property managers/landlords may not lease a unit until the tenant has been approved by APCHA.
The landlord may not add a new roommate to the lease without having the tenant approved. All
tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
executing a lease.
Property managers/landlords must provide to APCHA copies of all leases signed by both parties
prior to occupancy.
B. Maximum Rental Rates for Newly Deed-Restricted APCHA Units
Rental rates for newly deed-restricted units are determined according to Guidelines in effect at the
time a unit is first occupied. See Table III for current Maximum Rental Rates for Newly Deed-
restricted Units.
Following first year of initial occupancy, affordable housing rental rates shall be adjusted on an
annual basis and according to maximum rental rates established in current Guidelines.
Annual rental rate adjustments are based on the lesser of the change in the Consumer Price Index
for Urban Wage Earners (more specifically defined in the Part VII, Definitions) for the November of
two years previously divided by the November CPI for the previous year, OR a three percent (3%)
increase, whichever is less. See Table VIII for Maximum Annual Rental Rate Adjustments.
C. Maximum Vacancy Period
Deed restricted rental units must be leased and occupied, except between tenancies for a
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maximum period of forty-five (45) days, unless otherwise authorized by the APCHA. A vacancy
period exceeding this limit without APCHA approval shall be considered a violation and such unit
shall be advertised by APCHA and filled according to APCHA rental policies and procedures as soon
as possible.
D. Roommate Policy
In case of the vacancy of a bedroom in a two or three-bedroom rental unit, the remaining tenant(s)
may attempt to fill the vacancy with an APCHA-qualified roommate within the same forty-five-day
vacancy limit, or the vacancy shall be advertised and filled according to APCHA rental pol icies and
procedures by APCHA. All tenants for deed restricted rental units must qualify through APCHA prior
to moving in and/or executing a lease.
E. Property Maintenance
Landlords shall, at their own cost and expense, maintain the interior and exterior of the entire
structure and property, including all residential units and adjacent open areas, in safe and clean
condition, in good order and repair, except for reasonable wear and tear.
F. Requalification Notice to Tenant
Landlords shall provide tenants written notice and an APCHA Rental Qualification form thirty (30)
days prior to the end of the applicable qualification period.
Landlords shall provide disclosure in all leases that tenants must qualify with APCHA at least every
two years.
G. Landlord/Tenant Disputes - Alpine Legal Service
Property managers/landlords may evict tenants as provided by law. Tenants may request mediation
to resolve housing disputes through Alpine Legal Services (ALS), Glenwood Springs, CO. If a landlord
refuses to participate in mediation, ALS may refer APCHA tenants to legal counsel for representation.
Section 3. Owner Responsibilities
APCHA shall MAY from time to time schedule educational programs for affordable housing purchasers
and owners to review HOA responsibilities and responsibilities under these Guidelines REGULATIONS
and applicable deed restrictions.
A. Property Management
1. HOAs
Under Colorado law, a Home Owners’ Association (HOA) incorporated as a not-for-profit
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business may govern, manage and maintain common-interest communities such as
condominium complexes and subdivisions with employee housing units.
Buyers are advised to review HOA articles of incorporation, by-laws, declarations, rules and
regulations, and resolutions, including capital reserve policy, and deed restrictions specific to
the property, and these APCHA Guidelines, to fully understand responsibilities of ownership in
advance of purchase.
a. Dues and Assessments
IT SHALL BE A VIOLATION OF THE REGULATIONS FOR AN OWNER TO FAIL TO PAY HOA
ASSESSMENTS. HOAs are authorized to collect dues and assessments from their members.
Dues generally cover regular operating expenses and are usually payable monthly or
quarterly. Special Assessments may be levied by the HOA to cover capital repairs or
improvements to common elements of the property, or for other purposes. Most deed
restrictions require that owners make timely payment of regular and special assessments
duly imposed by the HOA. Should a HOA be unable to collect dues from a deed-restricted
owner after due diligence and as stated in their Collection Policy, APCHA shall send a Notice
of Violation requiring the owner to list the home for sale as stated in the deed restriction.
At the time of the Notice of Violation, all appreciation will cease for the owner. If the owner
becomes current and the HOA has contacted APCHA that they are, again, in compliance,
the Owner’s appreciation will start from that point forward.
b. Capital Reserves
Every HOA is required to adopt a capital reserve policy for long-term capital repairs. All
newly formed HOAs must also maintain a separate capital reserve fund to support the
policy.
2. Affordable Housing Rendered Unaffordable
APCHA may from time to time in its discretion determine that a deed-restricted ownership unit
located in a condominium or subdivision that also includes free market units has been
rendered unaffordable as a result of general or special HOA assessments. APCHA MAY ALSO
DETERMINE THAT A CATEGORY IS TOO LOW FOR A SPECIFIC UNIT BASED ON HOA DUES. UPON
THE RESALE OF SUCH UNIT, APCHA WILL REMARKET THE UNIT AT A HIGHER CATEGORY
COMMENSERATE WITH THE SIZE OF THE UNIT AND THE HOA DUES ASSOCIATED WITH SAID
UNIT.
APCHA, City of Aspen, or Pitkin County may determine to purchase an employee housing unit
rendered unaffordable. In that event, APCHA may at its discretion release applicable deed
restrictions and sell such property at fair market value. APCHA shall be reimbursed the sale
price plus the APCHA transaction fee from sale proceeds. The balance of the proceeds shall be
deposited in the city and/or county Housing Development Funds to support the housing
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program. Any HOA assessments paid by the city, county or APCHA shall also be reimbursed
from sale proceeds.
B. Maintaining Ownership Qualification
1. Owners must remain in good standing with their HOA and maintain APCHA eligibility and
qualifications. SEE SECTION …., including required employment or work, timely payment of
HOA dues and any special assessments, and residency and occupancy as required by these
Guidelines. Numeric income and asset limitations do not apply for continuing qualification as
an owner. However, the prohibition of owning other residential property within the OEZ shall
continue to apply.
2. Where one or more co-owners of a two- or three-bedroom unit vacates the unit within less
than two years from the date of purchase, the unit must be sold in accordance with the
applicable deed restriction UNLESS A COURT ORDER REQUIRES SUCH.
3. ALL QUALIFIED OWNERS, INCLUDING MULTIPLE OWNERS, MUST MAINTAIN COMPLIANCE WITH
ALL APPLICABLE REQUIREMENTS. FAILURE OF ANY CO-OWNER TO DO SO SHALL CONSTITUTE A
VIOLATION. An owner who has ceased to occupy a unit as his/her primary residence (by accepting
permanent employment outside of Pitkin County, by no longer working full-time in Pitkin County,
or by residing in the unit fewer than nine (9) months of any twelve (12) consecutive months) or
who has acquired residential property in the OEZ, must sell the unit.
4. APCHA owners must re-qualify with APCHA at least every two years by completing a
Requalification Affidavit attesting to the requirements in the deed restriction and these
Guidelines REGULATIONS and by submitting other information as required by APCHA. Owners
selected under the Random Audit process are required to provide documentation to APCHA of
continued compliance with their deed restriction and these guidelinesREGULATIONS. See Part
IV for requalification policies and procedures.
5. If an Owner, OWNER’S SPOUSE, OR A MEMBER OF OWNER’S HOUSEHOLD ACQUIRES ANY
OTHER owns more than one residential property within the OEZ, one of the unitsPROPERTIES
MUST be sold within 180 days. If the Owner has not sold one of the units within 180 days, the
newly acquired unit must be listed for sale. This may require the Owner to move back into the
older ownership property. IF BOTH UNITS ARE DEED RESTRICTED, OWNER MUST LIST THEIR
EXISTING PROPERTY FOR SALE IMMEDIATELY UPON CLOSING OR BEFORE CLOSING. AT NO
TIME SHALL AN OWNER OWN MORE THAN TWO DEED-RESTRICTED PROPERTIES; AND, WILL NOT
BE ALLOWED TO ENTER INTO A LOTTERY AND/OR CONTRACT FOR A THIRD UNIT.
6. Any other violation of the Guidelines REGULATIONS and/or deed restriction, where the sale of
a unit is required due to non-compliance, and a Notice of Violation has been sent to the owner
requiring the Owner to list the property for sale,AS A RESULT OF A VIOLATION, and if the
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property has not sold within 180 days of the listing agreement, the Owner will be bound by the
following:
• On day 181, Owner must accept any valid contracts (as determined by the Colorado Real
Estate Commission) of at least ninety-five percent (95%) of the maximum sales price.
• If the home has still not sold after another 30 days at or above 95% of the maximum sales
price, the Owner must accept any valid contracts at or above ninety percent (90%) of the
maximum sales price.
• For each additional month the home has not sold, the minimum bid price that must be
accepted will decrease by an additional five percent (5%) of the maximum sales price.
• For RO homes that do not have an appreciation cap, the same shall apply based on the
appraised market value of said home.
C. Property Maintenance
Owners of APCHA units must maintain their units in good repair, including but not limited to the
roof, boiler, water heater, appliances, and fixtures, per HOA requirements, deed restrictions and
these GuidelinesREGULATIONS. To achieve the Maximum Sale Price, owners must maintain their
units according to the minimum standards as described below.
D. Capital Improvements Policy and Procedure
When permitted by applicable deed restrictions, owners may make capital improvements to deed-
restricted units and add the cost of such improvements to the maximum sales price AS PROVIDED
IN THE DEED RESTRICTION. AN OWNER CANNOT RECEIVE ANY CREDIT FOR ANY TYPE OF CAPITAL
IMPROVEMENT WITHIN THE FIRST THREE YEARS OF OWNERSHIP OF A NEWLY CONSTRUCTED
UNIT. THE CERTIFICATE OF OCCUPANCY MUST HAVE BEEN ISSUED AT LEAST THREE YEARS PRIOR
TO OBTAINING ANY ALLOWANCE FOR CAPITAL IMPROVEMENT ITEMS STATED BELOW, UNLESS THE
WORK WAS TO COMPLETE AN UNFINISHED AREA.
1. Added Value to Maximum Sale PriceAPPLICATION FOR PERMITTED CAPITAL IMPROVMENTS
APCHA OWNERS MUST OBTAIN PRE-APPROVAL FOR ANY CAPITAL IMPROVEMENTS FOR
WHICH THEY INTEND TO ADD TO THE MAXIMUM SALES PRICE. AN OWNER CANNOT RECEIVED
CREDIT FOR ANY CAPITAL IMPROVEMENTS DONE AFTER JANUARY 1, 2010 WITHOUT PRIOR
APPROVAL BY APCHA.
2. ADDED VALUE TO MAXIMUM SALE PRICE
• The cost, or present value, of specified capital improvements as permitted under these
Guidelines and deed restrictions and as approved by APCHA staff, less depreciation, may
be added to the maximum sales of a unit. Deed restrictions specific to a unit may impose
a capital improvements cap in determining the maximum sale price of a unit.
• Generally, no more than ten percent (10%) of the purchase price may be added to the
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maximum sale price for capital improvements. However, capital improvements associated
with health and safety requirements may be exempt from the cap. The value of capital
improvements requiring a building permit shall be added only if the city or county Building
Department has issued a Letter of Completion, a copy of which shall be submitted to APCHA
with verification of capital improvement costs and payments.
• In determining maximum sales price, THE COST, OR PRESENT VALUE, OF SPECIFIED the
capital improvements AS PERMITTED UNDER THESE REGULATIONS AND DEED
RESTRICTIONS AND AS APPROVED BY APCHA STAFF, LESS DEPRECIATION, MAY BE ADDED
TO THE MAXIMUM SALES OF A UNIT. DEED RESTRICTIONS SPECIFIC TO A UNIT MAY
IMPOSE A CAPITAL IMPROVEMENT CAP IN DETERMINING THE MAXIMUM SALE PRICE OF
A UNIT.
• IN DETERMINING MAXIMUM SALES PRICE, THE CAPITAL IMPROVEMENTS SHALL BE
DEPRECIATED ACCORDING shall be depreciated according to the published schedule in an
approved reference, such as the Marshall & Swift Residential Cost Handbook. Owners are
advised to consult APCHA regarding valuation in advance of making any capital
improvements.
3. ITEMS NOT ADDED TO MAXIMUM SALE PRICES
3.4.
• An ownership unit remodeled to include an additional bedroom shall continue to be
categorized according to the original number of bedrooms and occupancy standards; e.g.,
a one-bedroom unit remodeled into a two bedroom will be listed as a one-bedroom unit,
allowing a single person household to meet occupancy standards.
4. Permitted Capital Improvements
Only the cost of the capital improvements permitted under these Guidelines or applicable deed
restriction and as approved in writing by APCHA staff may be added to the maximum sale price.
Permitted Capital Improvements may include:
✓ Fixtures constructed, installed or attached as permanent, functional, non-decorative
improvements to real property;
✓ Improvements for the benefit of seniors and/or disabled persons;
✓ Completion of unfinished living space;
✓ Addition or completion of permanent, fixed storage space;
✓ Certain landscaping;
✓ Addition or extension of outdoor decks, porches, and balconies; and
✓ Improvements associated with health and safety, including radon detection, energy
efficiency, water conservation and green building products.
The cost of capital improvements which are not permitted and shall not be added to the
maximum sale price. Permitted Capital Improvements shall not include:
• REGULAR Maintenance required by normal wear and tear;
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• Repair, replacement and/or maintenance of existing appliances, plumbing, and
mechanical fixtures and installations;
• Jacuzzis, saunas, steam showers and similar amenities; and
• Improvement or addition of decorative treatments, including painting, electrical and
light fixtures, carpet, window coverings and similar items.
5. Application for Permitted Capital Improvements
APCHA owners must apply to APCHA for approval to make Permitted Capital Improvements
the costs of which they intend to add to the Maximum Resale Price.
E. Roommate Rental Policy and Procedure
APCHA owners are permitted to rent A bedrooms to roommates. HOWEVER, PRE-APPROVAL BY
APCHA IS REQUIRED. under tThe following terms and conditions APPLY:
• Deed restrictions and/or covenants applicable to the respective ownership unit must expressly
permit rental of unoccupied bedrooms;
• Owner(s) must continue to maintain all APCHA qualification requirements;
• Roommates must qualify for rental through APCHA as a qualified tenant; income and asset
limits do not apply – see Guidelines REGULATIONS Part IV for eligibility and qualification. All
tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
executing a lease;
• Lease terms must be at least one month;
• Roommate rental rates must be prorated according to the maximum rental rate applicable to
the unit category and size. One roommate in a two-bedroom unit shall pay no more than one
half the rate; in a three-bedroom unit, no more than one-third the rate.
• Roommates are subject to all rules, regulations, and covenants applicable to the property;
• Owners are not permitted to lease their units for short-term rentals unless qualified and
approved by APCHA as stated in these Guidelines.
• Owners are not permitted to rent their units as income producing properties; and
• Owners must be in good standing with their Homeowner Association in order to obtain
approval.
F. Owner Leave of Absence Policy and Procedure
Owners of deed restricted housing units who wish to leave Pitkin County for a limited period of
time, resulting in non-compliance with the nine-month residency requirement AND EMPLOYMENT
REQUIREMENT, may request a Leave of Absence (LOA) AFTER OWNING THE UNIT FOR AT LEAST
TWO YEARS. The owner must be in good standing UP-TO-DATE with their HOA DUES to request a
Leave of AbsenceLOA. Upon APCHA approval of a Leave of AbsenceLOA Request AND ALL OTHER
APPLICABLE REQUIREMENTS, owner’s residency AND EMPLOYMENT requirementS for maintaining
ownership qualification shall be temporarily waived.
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1. Leave Request Procedure
Owners shall submit a Leave of AbsenceLOA Request form. THE FORM SHALL BE COMPLETED
AND SUBMITTED TO APCHA providing clear and convincing evidence of a bona fide reason for
taking leave and a commitment to return and re-qualify for APCHA housing. The form shall be
completed and submitted to APCHA after the form has been reviewed, approved and signed
off by the HOA at least thirty (30) days prior to the start of the leave. Should APCHA or the HOA
deny the leave request, the owner(s) may request Special Review with both APCHA and an HOA
representative present. See GuidelinesREGULATIONS Part VII for Special Review procedures.
2. Approved Leave Period
An APCHA owner may request a Leave of Absence LOA for up to one year. AN OWNER MAY
REQUEST A LOA FOR A SECOND YEAR BUT IT IS NOT GUARANTEED. with the possibility of
extension for one additional year only. Under no circumstances will owners receive any
appreciation on the sales price of the unit during the second year. At no such time shall a leave
of absence LOA be approved for longer than two years. Owners seeking to extend an approved
leave of absence LOA shall submit an additional Leave of AbsenceLOA Request form to APCHA
at least thirty (30) days prior to extension of the leave. If the Leave of AbsenceLOA is requested
AFTER the owner has movedVACATED THE UNIT, the appreciation of the sales price of the unit
terminates retroactively to the date the owner vacated the premises. Appreciation will not be
recouped once the homeowner is back in compliance and back in the homeUNIT. A
HOUSEHOLD ON A LEAVE OF ABSENCELOA CANNOT BID ON ANY OTHER PROPERTY UNTIL SUCH
TIME THEY ARE BACK IN COMPLIANCE WORKING IN PITKIN COUNTY AND LIVING IN THEIR DEED-
RESTRICTED HOMEUNIT.
3. Rental during Approved Leave Period
If the deed restrictions APPLICABLE TO A respective to the unit permitS an APCHA owner to
take an approved leave of absenceLOA, the owner may rent his/her unit subject to APCHA
APPROVAL TO QUALIFIED HOUSEHOLDS AS STATED IN THESE REGULATIONS. SECTION ??both
HOA and APCHA approval and under the following conditions:
• Rental during leave shall be no more than the time stated in the lease between
the owner and tenant.
• Tenants must meet APCHA qualifications OTHERWISE APPLICABLE TO TENANTS
EXCEPT FOR INCOME AND ASSET LIMITS. except for income and asset limits. All tenants
for deed restricted units must qualify through APCHA prior to moving in and/or
executing a lease.
• Tenants may include faculty members in an accredited school or employees of not-
for-profit organizations.
a. RENTAL RATE
IF THE DEED RESTRICTION DOES NOT ESTABLISH A RENTAL RATE, THE PERMITTED
MAXIMUM MONTLY RENTAL RATE SHALL NOT EXCEED THE TOTAL OF OWNER’S NORMAL
MONTHLY EXPENSES INCLUDING MORTGAGE PAYMENTS, HOA DUES, UTILITIES IN
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OWNER’S NAME, INSURANCE AND PROPERTY TAXES NOT INCLUDED IN MORTGAGE
PAYMENT, PLUS FIFTY DOLLARS ($50) PER MONTH; OR THE MAXIMUM RENTAL AMOUNT
STATED IN TABLE III OF THESE REGULATIONS FOR THE CATEGORY AND BEDROOM SIZE OF
THE UNIT, WHICHEVER IS GREATER. OWNERS MAY NOT CHARGE ANY ADDITIONAL
AMOUNT FOR FURNITURE, USE OF A GARAGE, USE OF A STORAGE UNIT, OR ANY OTHER
COST ASSOCIATED WITH THE UNIT OR ANY OTHER COST.
b. LEASE REQUREMENTS
If the deed restriction does not establish a rental rate, the permitted maximum monthly
rental rate shall be equal to owner’s normal monthly expenses including mortgage
payments, HOA dues, utilities in owner’s name, insurance and property taxes not included
in mortgage payment, plus fifty dollars ($50) per month; or the rental amount stated in
Table III of these Guidelines for the category and bedroom size for that home, whichever
is greater. Owners may not charge any additional amount for furniture, use of a garage,
use of a storage unit associated with the home, etc.
Owners must submit written notice of application to rent to the respective HOA prior to
submitting to APCHA. Owner shall submit all HOA comments to APCHA to review prior to
approval or denial.
APCHA must approve the lease prior to signature and occupancy. In the lease, Ttenants must
acknowledge IN WRITING receipt of and agreeMENT to applicable HOA articles of
incorporation, by-laws, resolutions, declarations and covenants, deed restrictions, rules and
regulations of the association, lease terms and these Guidelines REGULATIONS. A copy of the
executed lease shall be submitted to APCHA and the respective HOA. APPROVAL OF A TENANCY
PURSUANT TO THIS SECTION DOES NOT ESTABLISH ANY RIGHT OR PRIORITY FOR THE
PURCHASE OF THE UNIT IF THE OWNER ELECTS OR IS REQUIRED TO SELL DURING OR AT THE
END OF THE LOA AND TERMINATION OF THE TENANCY. TENANT WILL BE REQUIRED TO SIGN
AN AGREEMENT PROVIDED BY APCHA ACKNOWLEDING THIS STATEMENT. TENANTS DO NOT
ACQUIRE ANY RIGHT OR PRIORITY FOR THE PURCHASE OF THE UNIT IF THE OWNER ELECTS TO
SELL DURING OR AT THE END OF THE LEAVE OF ABSENCE.
LEASE TERMS MAY NOT EXCEED THE DURATION OF THE APPROVED LOA.
OWNERS MUST NOTIFY APCHA AND PROVIDE APCHA PROOF OF EMPLOYMENT UPON RETURN.
APCHA WILL CONDUCT A SITE VISIT UPON EXPIRATION OF THE LOA.
G. Retiring in APCHA Ownership Housing
PROVIDED THAT SUCH OWNER MEETS THE REQUIREMENTS OF A “QUALIFIED RETIREE IN APCHA
HOUSING” AS SPECIFIED IN PART . . . . OF THESE REGULATIONS, AN OWNER MAY RETIRE AND
RETAIN OWNERSHIP OF THE UNIT EXEMPT FROM THE APPLICABLE REQUIREMENTS OF
EMPLOYMENT. RETIREES MUST:
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• RECEIVE APPROVAL BY APCHA BY DEMONSTRATING TO APCHA THAT THEY MEET THE
QUALIFIED RETIREE CRITERIA AS DEFINED IN THESE REGULATIONS;
• OCCUPY THE UNIT AS THEIR PRIMARY RESIDENCE BY LIVING IN THE UNIT AT LEAST NINE
MONTHS PER YEAR, UNLESS THE OWNER HAS RECEIVED AN APPROVED LOA TO RENT THE
UNIT AS STATED IN PARAGRAPH H BELOW; AND
• CONTINUE TO NOT OWN OTHER DEVELOPED RESIDENTIAL PROPERTY IN THE OWNERSHIP
EXCLUSION ZONE.
An owner of a deed restricted housing unit who retires during the period of ownership may retain
the unit exempt from the requirements of employment. Retirees may also work without
jeopardizing their right to ownership. Retirees must:
✓ Occupy the unit as their primary residence by living in the unit at least nine months per
year, unless the owner has received an approved Leave of Absence to rent the home as
stated in paragraph H below;
✓ Continue to not own other developed residential property in the ownership exclusion
zone; and
✓ Demonstrate to APCHA that they meet the qualified retiree criteria as defined in these
Guidelines.
APCHA qualified retirees must complete and sign a Requalification Affidavit at least every two
years. AnTHE owner may REQUEST A LOA TO RENT THE UNIT FOR UP TO SIX MONTHS EACH YEAR.
retire at such time the owner qualifies for retirement as defined in the Guidelines, as they are
amended from time to time. The owner may request a leave of absence to rent the home for up
to six months each year. See paragraph H below for the specific requirements pertaining to this
leave of absenceLOA.
H. Rental Policy for Approved Retirees who Own Deed -Restricted Housing
A QUALIFIED RETIREE IN APCHA HOUSING, who has MET THE DEFINITION OF “QUALIFIED RETIREE
IN APCHA HOUSING” AS SPECIFIED IN PART . . ., may be absent from the unit for up to three months
per year without a requirement to lease the UNIT. The owner may, request a LOA for up to six
months per calendar year; DURING WHICH TIME, the UNIT must be rented to an APCHA qualified
employee, PLEASE SEE SECTION . . . .
An owner of a deed-restricted home of retirement age as defined in the Guidelines, who has at
least a four-year work history within Pitkin County immediately prior to retirement, may be absent
from the home for up to three months per year without a requirement to lease the home. The
owner may, however, request to rent the home for up to six months per year to an APCHA qualified
employee. To obtain this leave from APCHA, the owner and prospective tenant must:
1. Complete an APCHA leave of absence form;
2. Notify the HOA of the proposed rental at least 30 days in advance. The Leave of Absence form
requires sign-off by the HOA and APCHA;
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3. The rate of the rental must be determined by the Guidelines based on the deed restriction.
The allowed rate under these Guidelines is a sum of all documented costs (all expenses must
be documented) plus an additional $50, or the amount stated in Table III, Maximum Monthly
Rent, of the Guidelines for the number of bedrooms and the category, whichever is greater. (If
the tenant does not have access to the entire unit; i.e., has access to one bedroom in a three-
bedroom unit, the rent to be charged will be a third of the amount that could be charged if
access was to the entire three-bedroom unit.);
4. The owner has the right to choose the qualified tenant;
5. The owner must designate a responsible local person or entity to act on the owners’ behalf as
property manager if the owner is not available while on the leave of absence;
6. The owner must be current with their HOA dues; if the owner is not current, all rental property
shall be remitted to the HOA until such time as the past dues are made current;
7. The owner must continue to utilize the home as a primary place of residence;
8. The owner and tenant must complete and sign a lease agreement that provides rental amount,
length of lease, any additional costs associated with the rental, etc.;
9. The tenant must meet the qualifications for a tenant in accordance with these Guidelines,
including work 30 hours per week, and not be an owner of residential property within the
ownership exclusion zone;
10. It is recommended that the tenant carry adequate renter’s insurance covering the period of
the lease; and
11. The tenant must complete a rental application form provided by APCHA prior to occupancy.
If any of the above conditions are not met as detailed above, 1-11, the lease shall terminate, and the
appreciation will stop until the homeowner is brought back into compliance. Such owners are
prohibited from recouping the appreciation lost during the period of non-compliance.
SECTION 4 AND 5 BELOW CONTAIN THE NEW LANGUAGE ADOPTED BY THE BOARD BY RESOLUTION
NO. 10 (SERIES OF 2019)
Section 4. Special Review Policy and Procedure
An applicant for a rental or ownership unit, in accordance with Part II, Section 6, may request a Special
Review approval for a variance from the strict application of the Guidelines, excluding cases involving
compliance and enforcement, if the following can be shown:
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• Unusual hardship; and
• Consistency with APCHA policies and purposes.
A. Special Review Procedure
A Special Review for a variance from the strict application of these Guidelines may be requested if an
unusual hardship can be shown, and the variance from the strict application of the Guidelines is
consistent with the Housing Program intent and policy POLICIES. In order to TO request a Special
Review, a letter must be submitted to the APCHA stating the request, with documentation regarding
the unusual hardship. The applicant shall submit any additional information reasonably requested
by the APCHA and a Special Review meeting will be scheduled WITH A SPECIAL REVIEW HEARING
OFFICER in a timely manner.
B. Special Review Committee SPECIAL REVIEW HEARING OFFICER
Special Review is conducted by a committee of at least three persons: one from the city staff as
designated by the City Manager’s office, one from the county staff as designated by the County
Manager, and one APCHA Board member as designated by the APCHA Board Chair. HEARING
OFFICER APPOINTED BY THE APCHA BOARD FOR THAT PURPOSE.
C. Decision
The Special Review Committee HEARING OFFICER may grant the request, with or without conditions,
if the approval will not cause a substantial detriment to the public good and without substantially
impairing the intent and purpose of the THESE GuidelinesREGULATIONS, and if an unusual hardship
is shown.
Section 5. Enforcement Policies and Procedures
A. Compliance with Applicable Deed Restrictions and APCHA Guidelines.
All owners and occupants of deed restricted rental and ownership housing administered by
APCHA must comply with the requirements of applicable deed restrictions, the APCHA Guidelines
as amended from time to time, and applicable federal, state and local laws. All violations of such
requirements are subject to enforcement as provided herein.
B. Enforcement Procedures.
Enforcement procedures may be initiated by an APCHA investigation or a complaint from a third
party.
1. NOTICE OF INVESTIGATION (NOI)
AT THE DISCRETION OF THE APCHA, BEFORE ISSUING A NOTICE OF VIOLATION (NOV), THE
APCHA MAY ISSUE a notice to the person under investigation that APCHA is seeking
information in order to determine if a violation has occurred and providing such person AT
LEAST fifteen (15) at days from the date of the notice to provide information in accordance
with the notice. NOTICE SHALL BE PROVIDED BY CERTIFIED MAIL, REGULAR MAIL AND E-MAIL
TO THE EXTENT THAT APCHA HAS BEEN PROVIDED WITH CURRENT AND ACCURATE MAILING
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ADDRESSES AND E-MAIL ADDRESSES. IT IS THE RESPONSIBILTY OF PROGRAM PARTICIPANTS
(I.E., OWNERS, RENTERS, LANDLORDS, HOMEOWNERS’ ASSOCIATIONS, PROPERTY
MANAGERS AND PROPERTY OWNERS) TO PROVIDE APCHA WITH UP-TO-DATE CONTACT
INFORMATION AT ALL TIMES.
2. Notice of Violation (NOV)
a) In the event that APCHA, as a result of an independent investigation or based upon a third
party complaint as described in Section 5B(2) below, or for failure to comply with a
compliance request, audit or affidavit requirement, determines that a violation has
occurred, APCHA shall serve a Notice of Violation (“NOV”) on the person(s) deemed to be
in violation. The NOV may be served by regular mail, e-mail or as otherwise provided by
the applicable deed restriction or by law for service of process. The NOV shall state the
following:
i. identify the name of the alleged violator, and
ii. the date(s) of the violation if known, and
iii. the actions or inactions constituting the violation, and
iv. the requirement(s) which have been violated.
b) The NOV shall, AT THE DISCRETION OF APCHA, require one OR MORE of the following:
i. that the violation be cured within fifteen (15) days of the NOV;; , or
that within the 15-day period the person charged with the violation request, in
writing, a hearing before the APCHA Board in order to dispute the charged
contained in the NOV; , or
ii. that the lease (if a rental unit) shall be terminated WITHIN A SPECIFIED PERIOD
OF TIME; or
iii. that the unit shall be listed for sale as stated in the deed restriction (IF AN
OWNERSHIP UNIT) WITHIN A SPECIFIED PERIOD OF TIME;
iv. THAT THE OWNER WILL FORFEIT APPRECIATION FROM THE DATE THAT THE
VIOLATION OCCURRED, UNTIL THE VIOLATION IS CURED OR THE UNIT IS SOLD,
WHICHEVER FIRST OCCURSOR FOR THE ENTIRE PERIOD OF NON-COMPLIANCE;
AND/OR
iv.v. THAT A FINE BE PAID IN ACCORDANCE WITH THE SCHEDULE OF FINES FOUND IN
THE APPENDICES OF THESE GUIDELINESREGULATIONS.
c) THE NOV SHALL PROVIDE THAT THE PERSON CHARGED IN THE NOV MAY, WITHIN FIFTEEN
(15) DAYS OF THE DATE OF THE NOV, REQUEST IN WRITING A HEARING BEFORE THE
APCHA BOARD, OR THE APCHA HEARING OFFICER IF SUCH POSITION IS ESTABLISHED IN
ACCORDANCE WITH THESE GUIDELINES. THE HEARING MAY BE REQUESTED IN ORDER TO
APPEAL THE FINDING(S) THAT A VIOLATION HAS OCCURRED AND/OR TO APPEAL THE
RELIEF DEMANDED IN THE NOV.
d) If the alleged violator does not cure the violation or request a hearing before the APCHA
Board within the fifteen (15) day period COMPLY WITH THE REQUIREMENTS OF THE NOV
AND DOES NOT REQUEST A HEARING BEFORE THE APCHA BOARD OR HEARING OFFICER
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WITHIN THE FIFTEEN (15) DAY PERIOD, the violation identified in the NOV AND THE RELIEF
DEMANDED shall be deemed final. In the event of litigation, the failure to request a
hearing as provided above shall be deemed by APCHA to constitute a failure to exhaust
administrative remedies for the purpose of judicial review. At the conclusion of the fifteen
(15) day period, APCHA may pursue all remedies as provided by law or in equity, including,
where applicable, a requirement that the subject property be sold in accordance with the
deed restriction.
e) If, within the fifteen (15) day period, a hearing is requested before the APCHA BOARD OR
HEARING OFFICER, such hearing shall be scheduled to commence no later than thirty (30)
days from the date of the request. At such hearing, APCHA staff, the person requesting
the hearing, and interested members of the public, INCLUDING WITNESSES, shall be
permitted to present evidence in the form of testimony and documents to the APCHA
Board OR HEARING OFFICER.
f) The APCHA Board OR HEARING OFFICER shall base its decision based upon the evidence
in the record and it shall make its decision in writing within thirty (30) days of the
conclusion of the hearing. The APCHA Board OR HEARING OFFICER may uphold the NOV
in whole or in part, or it may dismiss the NOV. In taking any such action, the APCHA Board
OR HEARING OFFICER may impose a remedy appropriate to the case, which may include
a requirement for the owner to PAY A FINE AND/OR sell the subject property, or REQUIRE
the occupants to vacate the premises IN ACCORDANCE WITH THE PARAGRAPH 2(b)
ABOVE. Where a sale is required, the procedures identified in the applicable deed
restriction shall be followed. The determination of the APCHA Board OR HEARING
OFFICER may direct that legal action be taken to enforce its decision. The costs of such
action, including reasonable attorney’s fees, shall be taxed ASSESSED against the
proceeds of the sale, or tenant’s security deposit. In the event that the decision has been
made by a Hearing Officer, that decision is subject to administrative appeal to the APCHA
Board as provided in Part E below.
g) APCHA staff and the alleged violator shall exchange the documentary evidence they wish
to present at the hearing at least one (1) week prior to the hearing. The APCHA
BoardHEARING OFFICER may accept additional documentary evidence at the hearing for
good cause shown and may continue the hearing if it is deemed necessary in the interest
of fairness.
h) With respect to ownership units, during the period from the date of the NOV until the
violation is cured, appreciation will be terminated until the homeowner is brought back
into compliance. Such owners are prohibited from recouping the appreciation lost during
the period of non-compliance.
3. Complaint Based Investigation
a) Any person may submit to APCHA a complaint that a violation has occurred. Within thirty
(30) days of the receipt of any such complaint, and if sufficient grounds are found to exist,
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APCHA staff shall commence an investigation and notify the alleged violator of the receipt
of such complaint. For good cause and as authorized by law, APCHA may withhold the
identity of the complainant.
b) In connection with its investigation of the complaint, APCHA shall PROCEED IN
ACCORDANCE WITH PART VII, SECTION 4.B. AND SHALL request that the alleged violator
provide written information as may be reasonably necessary for its investigation, and the
alleged violator shall be required to provide such information within fifteen (15) days from
the date of the request, OR SUCH ADDITIONAL TIME AS PERMITTED BY APCHA. APCHA
shall maintain the confidentiality of any financial or other information provided by the
alleged violation which is not required to be disclosed by the Colorado Open Records Act.
c) APCHA staff shall complete its investigation as soon as possible, and within ninety (90) days
from the receipt of the complaint whenever possible. Upon completion of its investigation,
APCHA staff shall either notify the parties in writing that there are not reasonable grounds
to determine that a violation has occurred, or it shall issue an NOV AND PROCEED in
accordance with the subsection 5B12 above and follow those procedures.
1. Investigations and Site Visits
In responding to a complaint or in the conduct of any other investigation, APCHA may inspect
the subject premises. Any such inspection shall be preceded by at least 24 hours’ written
notice to the owner and occupants, either by mail or posted on the premises in a conspicuous
place. Except in an emergency, all such inspections shall occur between 8:00 a.m. and 5:00
p.m., Monday through Friday.
2. Aspen Municipal Code and Pitkin County Code
Enforcement by APCHA as provided herein does not constitute a waiver by the City of Aspen
or Pitkin County of any authority they may have pursuant to their respective ordinances for
enforcement with respect to the events described in an APCHA NOV.
C. Grievance Procedure
A “grievance” is any dispute, claim, or request a person may have with APCHA, not covered by Section
5B above, arising out of a deed restriction or the APCHA Guidelines.
1. Any person with a grievance shall first submit such matter to APCHA staff. APCHA staff shall
attempt to resolve such matter informally with the aggrieved party, but in doing so, APCHA
staff is not authorized to make any determination contrary to a deed restriction, APCHA
Guidelines, APCHA policies, or established precedents.
2. At such time as APCHA staff or the aggrieved party determines that the procedure identified
in Section C1 above will not resolve the matter, or by agreement of APCHA staff and the
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aggrieved party, the grievance may be submitted to the APCHA Board of Directors HEARING
OFFICER for a determination. All such grievances shall be submitted in writing and shall
include the following information:
• Name, address, telephone number and e-mail address of the aggrieved party; and
• A summary of the grievance, the relief requested, and identification of the provision
of the applicable deed restriction and APCHA Guidelines at issue.
3. Upon receipt of a grievance in accordance with subsection C2 above, the matter shall be set
for a public hearing before the APCHA BoardHEARING OFFICER, at which time THE HEARING
OFFICERAPCHA shall consider the testimony and other evidence presented by APCHA staff,
the aggrieved party, and members of the public.
4. APCHA staff and the aggrieved party shall exchange the documentary evidence they wish to
present at the hearing at least one (1) week prior to the hearing. The APCHA BoardHEARING
OFFICER may accept additional documentary evidence at the hearing for good cause shown.
5. The APCHA BoardHEARING OFFICER shall base its determination regarding the grievance
upon the evidence in the record and it shall make its determination in writing within thirty
(30) days of the conclusion of the hearing. Such determination shall be considered a final
administrative determination by APCHA.
D. HEARING OFFICER
1. ESTABLISHMENT
THERE IS HEREBY ESTABLISHED WITHIN APCHA THE POSITION OF HEARING OFFICER.
2. APPOINTMENT
THE HEARING OFFICER SHALL BE APPOINTED BY AND SERVE AT THE DISCRETION OF THE
APCHA BOARD OF DIRECTORS. THE BOARD MAY APPOINT MORE THAN ONE HEARING
OFFICER IF DEEMED NECESSARY, BASED ON CONFLICT OF INTEREST, AVAILABILITY, OR FOR
OTHER GOOD REASON. NO EMPLOYEE OF APCHA OR MEMBER OF THE APCHA BOARD SHALL
SERVE AS HEARING OFFICER. THE HEARING OFFICER SHALL BE SUBJECT TO THE SAME CODE
OF CONDUCT/CODE OF ETHICS AS THE MEMBERS OF THE APCHA BOARD OF DIRECTORS.
3. POWERS AND DUTIES
THE HEARING OFFICER SHALL HEAR AND CONSIDER THOSE MATTERS SPECIFIC IN THESE
REGULATIONS. ALL MATTERS CONSIDERD BY THE HEARING OFFICER SHALL BE CONDUCTED
IN A PUBLIC HEARING AND ALL SUCH HEARINGS SHALL BE RECORDED. NOTICE OF ALL SUCH
HEARINGS SHALL BE GIVEN IN THE SAME MANNER AS MEETINGS OF THE APCHA BOARD. IN
ADDITION, PERSONAL NOTICE SHALL BE GIVEN IN WRITING TO THE APPELLANT AND ALL
OTHER PERSONS KNOWN BY APCHA STAFF TO HAVE AN INTEREST IN THE MATTER.
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4. DECISIONS
THE HEARING OFFICER MAY APPROVE, APPROVE WITH CONDITIONS, OR DENY ANY
MATTER SUBJECT TO HIS/HER REVIEW. THE DECISIONS OF THE HEARING OFFICER SHALL
INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND SHALL BE MADE IN WRITING,
SIGNED AND DATED. ALL SUCH DECISIONS SHALL BE DEEMED FINAL AFTER 15 DAYS OF THE
DATE OF THE DECISION UNLESS APPEALED TO THE APCHA BOARD AS PROVIDED BELOW. AN
UNAPPEALED DECISION OF THE HEARING OFFICER IS NOT SUBJECT TO JUDICIAL REVIEW IN
ACCORDANCE WITH CRCP RULE 106(A)(4), BASED ON THE FAILUR E TO EXHAUST
ADMINISTRATIVE REMEDIES.
E. APPEALS OF HEARING OFFICER DECISIONS
1. GENERAL PROCEDURES
A. ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY A DECISION OF THE HEARING
OFFICER MAY APPEAL SUCH DECISION TO THE APCHA BOARD OF DIRECTORS AS
PROVIDED HEREIN.
B. NOTICE OF APPEAL AND A WRITTEN SUMMARY OF THE GROUNDS FOR THE APPEAL
MUST BE SUBMITTED TO THE APCHA EXECUTIVE DIRECTOR WITHIN FIFTEEN (15) DAYS
OF THE DATE OF THE HEARING OFFICER’S DECISION.
C. NO APPEAL SHALL BE CONSIDERED BY THE APCHA BOARD UNTIL THE A PPELLANT, AT
ITS EXPENSE, PRESENTS THE EXECUTIVE DIRECTOR WITH A TRANSCRIPT OF THE
PROCEEDINGS BEFORE THE HEARING OFFICER, WHICH MUST OCCUR NO LATER THAN
SIXTY (60) CALENDAR DAYS AFTER THE HEARING OFFICER’S DECISION UNLESS
EXTENDED BY THE APCHA BOARD FOR GOOD CAUSE SHOWN.
D. UPON RECEIPT OF THE TRANSCRIPT, THE BOARD SHALL SCHEDULE THE APPEAL FOR A
PUBLIC HEARING AT THE EARLIEST DATE POSSIBLE, WITH THE CONSIDERATION TO THE
INTERESTS OF ALL PARTIES.
2. SCOPE OF REVIEW
A. THE APPEAL TO THE BOARD SHALL BE BASED SOLELY ON THE RECORD OF THE
PROCEEDINGS BEFORE THE HEARING OFFICER. THE BOARD SHALL CONSIDER THE
ARGUMENTS OF THE APPELLANT, APCHA STAFF, AND OTHER INTERESTED PARTIES
BASED ON THE RECORD. THE BOARD SHALL NOT CONSIDER ADDITIONAL EVIDENCE
UNLESS THERE IS A DEMONSTRATION OF EXCUSABLE NEGLECT, MISREPRESENTATION,
OR OTHER MISCONDUCT IN THE PROCEEDINGS BEFORE THE HEARING OFFICER.
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B. BASED UPON THE ARGUMENTS MADE AT THE HEARING, THE BOARD MAY AFFIRM,
MODIFY OR REVERSE THE DECISION OF THE HEARING OFFICER. IN ADDITION, THE
BOARD MAY DETERMINE THAT ADDITIONAL EVIDENCE IS NECESSARY AND REMAND
THE MATTER TO THE HEARING OFFICER FOR THE RECEIPT OF ADDITIONAL EVIDENCE
AND RECONSIDERATION BASED THEREON. THE BOARD’S DECISION SHALL BE MADE IN
WRITING AND SHALL INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW.
3. JUDICIAL REVIEW
THE DECISION OF THE APCHA BOARD SHALL CONSTITUTE FINAL AGENCY ACTION SUBJECT
TO JUDICIAL REVIEW IN ACCORANCE WITH CRCP RULE 106(A)(4).
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PART VIII
DEFINITIONS
Accessory Dwelling Unit (ADU) - A dwelling unit which must be totally separate from the primary dwelling
unit, with a private entrance, a full bath and a kitchen, as further specified in these Guidelines REGULATIONS
and City of Aspen Land Use Code, Chapter 26.520.070.
Accredited – Accreditation is a process by which an education facility’s services and operations are examined
by a third-party accrediting agency to determine if applicable standards are met. If the standards are met,
the facility receives accredited status. In the United States, educational accreditation is performed by a
private nonprofit membership association.
ADULT – AN INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER OR A MINOR UNDER THE AGE OF 18 WHO
HAS BEEN EMANCIPATED TO ACT ON HIS/HER OWN BEHALF, INCLUDING THE ABILITY TO EXECUTE A
CONTRACT OR LEASE.
Affordable Housing/Employee Housing/Work Force Housing - Dwelling units restricted to the housing size
and type for individuals meeting asset, income, minimum occupancy and other requirements of the Aspen
City Council, Board of County Commissioners and/or the APCHA, whichever shall apply AS EXPLAINED IN
DEED RESTRICTIONS.
Affordable Housing Zone District - See Aspen Land Use Code, Chapter 26.710.
APCHA Senior – An APCHA senior is a person who is 65 years or older, who may have up to 150% of the
net assets otherwise allowed at the top of their applicable income category where they are applying to
reside or currently residing.
Aspen/Pitkin County Housing Authority – APCHA.
APCHA Employee Housing Guidelines – Now defined as Regulations for the APCHA program.
Assets – Real or personal property owned by an individual that has commercial or exchange value. Assets
include specific property or claims against others, in contrast to obligations due others. See also definition
for Gross Assets and Net Assets.
Basement - As defined by the applicable City or County Land Use Code.
Bedroom – A room in a dwelling unit designed to be used for sleeping purposes that must include closets
and access to a bathroom, and that meets applicable City or County International Building Code
requirements for light, ventilation, sanitation and egress.
Buy-down Unit – A free market unit that the government (City of Aspen, Pitkin County, APCHA) and/or
private sector acquires and deed restricts to affordable housing in accordance with these
GuidelinesREGULATIONS.
Capital Improvements – Except as otherwise defined in the applicable Deed Restriction, any improvement
to real property excluding repair, replacement and maintenance.
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Caretaker Dwelling Unit (CDU) – A dwelling unit that must be a totally separate unit, with a private entrance,
a full bath and a kitchen, as required in these REGULATIONS and Section 3-150-130, Pitkin County Land Use
Code.
Cash-in-Lieu / Fee-in-Lieu / Impact Fee – A monetary exaction imposed by the City and/or County as a
condition of, or in connection with, approval of a development project for the purpose of defraying all or
some of the costs to mitigate for employee housing generated by the project. Further information can be
found in the respective City or County Land Use Codes.
Category – A classification of employees, qualified residents, buyers, and deed restricted dwelling units by
income limits, sales prices or maximum rental rates as determined by the APCHA based upon household
gross income and net assets.
Consumer Price Index (CPI) - The Consumer Price Index that is used for purposes of the Guidelines
REGULATIONS and for purposes of the Deed Restriction is the Consumer Price Index for Urban Wage
Earners and Clerical Workers (CPI-W) in the U.S., Midwest, and West, not seasonally adjusted, All Items
(1967=100). The U.S. City Average is the one that is used. The information is received on a monthly basis
from the U.S. Department of Labor, Bureau of Labor Statistics.
Co-signer - A joint signatory, with a qualified buyer, of a promissory note AND/OR DEED OF TRUST, who may
not occupy OR OWN the unit unless qualified by the APCHA.
Deed Restriction - A contract entered into by the APCHA, City of Aspen, and/or Pitkin County and the
developer, owner or purchaser of real property identifying the conditions of occupancy and resale as
affordable WORKFORCE housing.
Dependent – A “dependent" is either a "qualifying child" or a "qualifying relative."
A MEMBER OF A HOUSEHOLD OR FAMILY OTHER THAN THE HEAD, SPOUSE, OR CO-HEAD, WHO IS UNDER
18 YEARS OF AGE OR IS A PERSON WITH DISABILITIES OR A FULL-TIME STUDENT. FOR THE PURPOSES OF
THESE REGULATIONS, A FOSTER CHILD, A FOSTER ADULT, OR A LIVE-IN AIDE MAY NEVER BE A DEPENDENT
REGARDLESS OF AGE OR DISABILITY.
A qualifying child is a child (including stepchild, adopted child), or eligible foster child -- minors), or a
sibling (or stepsibling) of the taxpayer, or a descendant of either; who has resided in the principal abode
of the taxpayer for at least 100 days out of a calendar year; who has not attained age 19 (or is a student
who has not attained age 24 as of the end of the year); and who has not provided more than half of his or
her own support for that year. A child who does not satisfy the qualifying child definition may be a
"qualifying relative."
A "qualifying relative" is an individual who (a) is a sibling (including stepsiblings), the taxpayer's father or
mother or an ancestor of either of them, a stepparent, a niece or nephew, an aunt or uncle, or an
individual, other than a spouse, who resides in the principal abode of the taxpayer and is a member of the
household; (b) has gross income in that calendar year not exceeding the exemption amount; (c) receives
more than half of his/her support for the year from the taxpayer; and (d) is not a qualifying child of any
other taxpayer for the calendar year. Said “qualifying relative” must be listed as a dependent on a tax
return to be classified as a valid dependent.
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In the case of divorced families with children, each child may be claimed only once for proving minimum
occupancy. If both parents enter the same lottery, the top winner only shall be allowed to purchase the unit;
the other parent shall be able to claim the child(ren) to qualify for one additional bedroom only.
Disabled Person – See definition for Handicap.
DISABILITY (A) – INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY
MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED TO RESULT IN
DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD OF NOT LESS
THAN 12 MONTHS; OR (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE AGE OF 55 AND IS
BLIND, INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE IN SUBSTANTIAL GAINFUL ACTIVITY
REQUIRING SKILLS OR ABILITIES COMPARABLE TO THOSE OF ANY GAINFUL ACTIVITY IN WHICH HE/SHE
HAS PREVIOUSLY ENGAGED WITH SOME REGULARITY AND OVER A SUBSTANTIAL PERIOD OF TIME. PROOF
OF DISABILITY IS REQUIRED.
Dormitory – A structure or portion thereof under single management that provides group sleeping
accommodations for occupants in one (1) or more rooms for compensation. Standards for use, occupancy,
and design of such facilities shall be approved by the APCHA. See Part III, Sec. 5.
EARNED INCOME – APCHA FOLLOWS THE INTERNAL REVENUE SERVICE’S DEFINTION OF EARNED INCOME,
WHICH CAN BE FOUND HERE: https://www.irs.gov/credits-deductions/individuals/earned-income-tax-
credit/earned-income
Emergency Worker – An employee or volunteer, on call 24 hours/day, 7 days a week for human, life
threatening emergencies, of a community based organization that provides on-scene assistance giving
personal care to victims, including, but not limited to the following: Fire Department Workers, Mountain
Rescue, Sheriff's Deputies, Police Officers, Hospital Emergency Room Technicians, Social Service Workers
(mental health and abuse case workers), Ambulance Drivers, Emergency Medical Technicians,
Communications Dispatchers through the Sheriff's Office or Police Department, etc. In order to qualify as an
Emergency Worker, the person’s Emergency Service Department Head approval is required, whereby the
supervisor must demonstrate the need of that agency to house the Emergency Worker in the Aspen area by
requesting a formal approval with the Public Safety Council Housing Subcommittee (see Part I, Section 1, #8
and Part III, Section 6.
Employee/Qualified Resident/Buyer - A person who is employed by an employer as defined below to work
a minimum of 1,500 hours per calendar year within Pitkin County, an average of 35 hours a week, 10 months
a year; or 32 hours a week, 11 months a year. Such person must be working in a Pitkin County location and
must reside in the unit a minimum of nine (9) months out of the calendar year. All persons, including the
self-employed must satisfy these requirements. Persons employed by businesses that do not qualify as Pitkin
County Employers must verify that they perform the minimum work requirements in a Pitkin County
location.
Employer (Pitkin County Employer) - A business whose business address is located within Aspen and/or
Pitkin County, whose business employs employees (as defined herein) within Pitkin County, who work in
Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer is not physically
based in Pitkin County, an employee must be able to verify that they work in Pitkin County a minimum of
1500 hours per calendar year for individuals, businesses or institutional operations located within Pitkin
County.
Employee (Non-Profit Organization) – A person who is employed by a non-profit organization. Such
employees may include artists, performers, musicians, organizers, bookkeepers, etc., but not construction
workers. Non-profit organizations include only certified non-profit organization providing services and
located in Pitkin County.
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Employee Dwelling Unit – Any deed-restricted dwelling unit that is required to be rented out in accordance
with Pitkin County Land Use Code, Section 3-150-120.
Employee Housing – See definition of Affordable Housing.
Family – For purposes of transferring property only, a family (or immediate family) is defined as husband,
wife, mother, father, brother, sister, son, daughter, either biologically or by legal adoption of a minor child.
Any transfer of a deed restricted unit to a family member must meet this definition in order to be valid.
Family-Oriented Unit – A dwelling unit attached or detached to a principal residence, consisting of 3
bedrooms or more, with direct ground floor access to a useable yard area.
Fannie Mae (FNMA) – Federal National Mortgage Association, a quasi-governmental agency that purchases
mortgage loans in the secondary loan market.
Fee Simple Estate – The maximum possible estate that one can possess in real property; complete and
absolute ownership of indefinite duration, freely transferable, and inheritable.
Fiduciary – One who owes to another the duties of good faith, trust, confidence and candor, and who must
exercise a high standard of care in managing another’s money or property.
Financial Statement – A statement detailing all personal assets, liabilities, and net worth (the difference
between assets and liabilities) as of a specific date.
Fixture – 1) A tangible thing which previously was personal property and which has been attached to or
installed on land or a structure thereon in such a way as to become a part of the real property; 2) Any non-
portable lighting device built in or attached securely to the structure; 3) permanent parts of a plumbing
system and fixtures.
Full-Time Work – Full time work, as defined for the APCHA program, is someone who is working at least
1500 hours per calendar year within Pitkin County, and earn at least 75% of their income within Pitkin
County.
Gross Assets – The total of real and personal property of a person which has tangible or intangible value.
This includes among other things, patents and causes of action which belong to any person, as well as any
stock in a corporation and any interest in the estate of a decedent; also, the property or estate that is
available for the payment of debts. Gross assets shall include funds or property held in a trust or any similar
entity or interest, where the person has management rights or the ability to utilize the assets for the
payment of debts or for other purposes. Gross assets shall also include 60% of a valid pension plan.
Gross Income – The total income of a person including maintenance and child support, derived from a
business, trust, employment, or income-producing property, before deductions for expenses, depreciation,
taxes, and similar allowances.
Handicap – With respect to a person, a physical or mental impairment which substantially limits one or more
major life activities as demonstrated by a record of such impairment or by being officially recognized as
having such impairment. This term does not include current, illegal use of or addiction to a controlled
substance. For purposes of these guidelines, transvestitism is not a handicap. Further guidance can be found
in the APCHA Office.
Household – All individuals who will be occupying a unit regardless of legal or marital status, including a
married couple, whether both will be living in the unit or not.
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A) ALL PERSONS WHO WILL BE OCCUPYING A UNIT REGARDLESS OF LEGAL OR MARITAL STATUS,
B) A MARRIED COUPLE, WHETHER BOTH WILL BE LIVING IN THE UNIT OR NOT.
A PERSON MAY BE PART OF MORE THAN ONE HOUSEHOLD. IN DETERMINING IF INDIVIDUALS
CONSTITUTE A HOUSEHOLD, APCHA MAY CONSIDER THE CIRCUMSTANCES OF THE RELATIONSHIP(S),
INCLUDING WITHOUT LIMITATION THE FOLLOWING:
1. LEGAL RESIDENCE AND DOMICILE;
2. OWNERSHIP AND LOCATION OF REAL AND PERSONAL PROPERTY;
3. ACCESS TO AND USE OF THE REAL AND PERSONAL PROPERTY OF OTHER INDIVIDUALS;
4. FAMILY RELATIONSHIP OR COHABITATION;
5. THE EXTENT TO WHICH THE RELATIONSHIP(S) IS CLOSE AND INTIMATE OR IS AN ARM’S LENGTH
RELATIONSHIP; AND
6. THE PERMANENCE, DURATION, AND DEGREE OF COMMITMENT IN THE RELATIONSHIP(S).
For purposes of a lottery all married couples may only enter into a lottery once and neither person may bid
separately in that lottery. If two separate households (single, file separate income tax returns as single, etc.)
enter together into one lottery bid, the same combined income and assets will be utilized in any future
lotteries for a one-year period of time. Should circumstances change within the one-year time frame, a
person may request a change in household status (i.e., category) once during that one-year time frame.
Household Net Assets – The combined net assets of all individuals who will be occupying a unit regardless
of marital or legal status.
Household Income – The combined gross income of all individuals who will be occupying a unit regardless
of marital or legal status. Adjustments/additions to gross income for business expenses are permitted for
persons who are self-employed.
In-Complex Bid – A priority bid granted to person(s) for a unit in the same complex in which they presently
reside and have resided for at least one consecutive year. If a new project is built in phases, the in-complex
priority does not go into effect until all affordable housing phases of the project are completed. In order to
obtain an in-complex bid, the existing ownership unit MUST come up for sale within the lottery system.
Joint Tenancy – A tenancy with two or more co-owners who take identical interests simultaneously by the
same instrument and with the same right of possession, and in which each tenant has a right of survivorship
to the other’s interest.
Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-restricted units, a
kitchen must include, at a minimum, a two-burner stove with oven, standard sink, and a refrigerator plus
freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure at least
14”WX16”DX5.25”H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic foot freezer.
Leasehold Interest – A tenant’s possessory estate in land or premises.
Lottery – A random drawing among competing bidders to select a winner from applicants of the highest
priority.
Maximum Bid SALES Price – Unless otherwise defined in the applicable Deed Restriction, IS THE OWNER’S
PURCHASE PRICE an offer to purchase at a price calculated as the owner's purchase price multiplied by the
appreciation (as permitted by the Deed Restriction) plus the present value of capital improvement costs FOR
WHICH VERIFICATION OF THE EXPENDITURE HAS BEEN PROVIDED. , including labor, if professionally
provided (sweat equity does not count), and for which verification of the expenditure is provided.
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Minimum Occupancy – A requirement that at least one person (with a leasehold or ownership interest) per
bedroom must reside in a unit. A minor child or dependent shall be granted equal status as a person for this
purpose. In a two-adult household, both adults must be working in Pitkin County in order to qualify for an
additional bedroom.
Mortgagee – A lender in a mortgage loan transaction.
Mortgagor – A borrower in a mortgage loan transaction.
Net Assets – Gross assets minus liabilities; 60% of a valid retirement account shall be included as an asset;
otherwise, the entire account will be included.
Net Livable Square Footage – The size of a dwelling unit calculated as the interior living area measured
interior wall to interior wall, including all interior partitions. This also includes, but is not limited to, habitable
basements and interior storage areas, closets and laundry areas. Exclusions include, but are not limited to,
uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either attached or
detached), patios, decks and porches.
Nondiscrimination Policy – A policy which provides that APCHA shall DOES not discriminate ON THE BASIS
OF against anyone due to race, color, creed, religion (CREED), GENDER, AGE, ancestry, national origin
(ANCESTRY), DISABILITY, MARITAL STATUS, sexSEXUAL ORIENTATION, age, marital status, physical
handicaps, affectional or sexual orientation,MILITARY STATUS, GENETIC INFORMATION OR ANY OTHER
CHARACTERISTIC PROTECTED UNDER APPLICABLE FEDERAL, STATE OR LOCAL LAW IN ANY OF ITS
ACTIVITIES OR OPERATIONS. WE ARE COMMITTED TO PROVIDING AN INCLUSIVE AND WELCOMING
ENVIRONMENT. family responsibility, or political affiliation, resulting in unequal treatment or separation
of any person, or deny, prevent, limit or otherwise adversely affect, the benefit of enjoyment by any
person of employment, ownership or occupancy of real property, or public service or accommodations.
“OWN” OR “OWNERSHIP” -- FOR THE PURPOSE OF DETERMINING THE OWNERSHIP OF REAL PROPERTY
OR OTHER ASSETS, SHALL INCLUDE ANY INTEREST HELD, IN WHOLE OR IN PART, PERSONALLY, OR
DIRECTLY OR INDIRECTLY, AS A SHAREHOLDER OR MEMBER OF A CORPORATION, AS A PARTNER IN A
PARTNERSHIP, AS A JOINT VENTURE IN A JOINT VENTURE, AS A BENEFICIARY OF A TRUST, OR THROUGH
ANY OTHER LEGAL ENTITY OR LEGAL ARRANGEMENT.
Ownership Exclusion Zone (OEZ) – The land area in which is located any developed residential property that
has an address within the Roaring Fork Drainage situated in Eagle, Pitkin, Garfield or Gunnison Counties, or
within the Colorado River Drainage from and including the unincorporated No Name area to and including
Rifle, and including, but not limited to, the incorporated and unincorporated areas of Aspen, Basalt,
Carbondale, El Jebel, Glenwood Springs, Marble, Meredith, New Castle, No Name, Redstone, Rifle,
Snowmass, Snowmass Village, and Woody Creek.
On-Site / Off-Site – With reference to the location of deed restricted property provided for mitigation
purposes, either next to or attached to the development (on-site) or at a separate approved location (off-
site).
Prequalification – A borrower’s tentative mortgage approval from a lender.
Present Value - For the purposes of these Guidelines and all Deed Restrictions containing such term, the
present value is the cost or price of any capital improvements as established at the time of such
improvement, not including appreciation, and depreciated over time.
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Primary Residence – The sole and exclusive place of residence of a person. An owner or tenant shall be
deemed to have ceased to use a unit as his/her primary residence by accepting employment outside of Pitkin
County, or by residing in the unit fewer than nine (9) months out of any twelve (12) consecutive
monthsCALENDAR YEAR.
Purchaser – A person who is buying or has purchased a deed restricted unit which is subject to these
Guidelines, including any qualifying potential purchaser or past owner of any such deed restricted unit, but
only with respect to any issue arising under these Guidelines.
QUALIFIED BUYER – SEE SECTION .. ELIGIBILITY.
Qualified Resident – A person(s) meeting the income, asset, employment, residency, property ownership
and other requirements of these Guidelines and the applicable deed restriction, including retired and
handicapped persons, or dependent(s) of any of these as such terms are defined herein.
Qualified Retiree in APCHA Housing – A person who has reached the retirement age as defined IN
RETIREMENT AGE FOR APCHA HOUSING below and who has for at least four (4)TEN (10) consecutive years
immediately prior to retirement met the requirements of an “Employee” and who has owned or leased a
deed restricted unit for at least four (4) TEN (10) consecutive years immediately prior to retirement.
Regulations for the APCHA Program – Formerly known as the APCHA Employee Housing Guidelines.
Requalification – Requirements which renters/ tenants and owners of affordable housing must meet bi-
annually to ensure continued eligibility.
Resale Agreement – A contract entered into by the APCHA, City of Aspen, and/or Pitkin County and the
developer, owner or purchaser of real property identifying the conditions of resale as affordable housing.
Residential Dwelling Unit – Any residential property that has an address within the Ownership Exclusion
Zone.
Retiree – See Qualified Retiree above.
Retirement Age for APCHA Housing – A current tenant or owner can qualify to become an QUALIFIED
RETIRE IN APCHA HOUSING APCHA qualified retiree at such time he/she reaches the age to receive full
(100%) benefits as determined by the U.S. Social Security Administration (see below), or as otherwise
stipulated in the applicable deed restriction. Any change of the full retirement age approved by the U.S.
Social Security Administration will not automatically apply to the APCHA program. Any change in full
retirement age will require review and approval by the APCHA Board, City Council and the BOCC.
Administration https://www.ssa.gov/oact/progdata/nra.html, or as otherwise stipulated in the
applicable deed restriction. Any change of the full retirement age approved by the U.S. Social Security
Administration will not automatically apply to the APCHA program. Any change in full retirement age will
require review and approval by the APCHA Board, City Council and the BOCC.
Year of Birth Full Retirement Age
1942 and Earlier 65
1943 – 1954 66
1955 66 and 2 months
1956 66 and 4 months
1957 66 and 6 months
1958 66 and 8 months
1959 66 and 10 months
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1960 and later 67
Roaring Fork River Drainage/Roaring Fork Valley – See the Ownership Exclusion Zone.
Seasonal Employee – A person who works at least 30 hours per week during the Winter Season (generally
November through April) and/or Summer Season (generally June through August).
Self-Employed: A person who carries on a trade or business for profit as a sole proprietor or an independent
contractor; or a member of a partnership that carries on a trade or business. Such persons must demonstrate
a profit on an income tax return for at least three out of every five years. The trade or business is required
to provide goods and services to individuals, businesses or institutional operations within Pitkin County.
Senior – See APCHA Senior definition.
Special Review Committee – A Committee, as established from time to time by the APCHA, that is composed
of three or more persons, one person from City staff, one person from County staff, and a Housing Board
member. The Committee shall have the authority to review special circumstances with respect to matters
specifically designated in the Guidelines that are eligible for special review, including, but not limited to, the
priority system, financial and asset limitations, verifications and qualifications, self-employment, and
occupancy.
Storage Space – Space within a dwelling unit intended and commonly utilized as a location for preservation
or later use or disposal of items. Such space must be used for storage purposes only and shall not contain
plumbing fixtures or mechanical equipment that support the principal residential use.
Student – A student enrolled in an accredited school full-time, and/or an intern who is a student or recent
graduate undergoing supervised practical training full-time and working in a temporary capacity for a Pitkin
County business; and/or a full-time combination of work in Pitkin County and school; such student shall be
18 years of age or older.
Tenancy In Common – A tenancy by two or more persons in equal or unequal undivided shares, each person
having an equal right to possess the whole property but not the right of survivorship.
Tenant – For purposes of these Guidelines REGULATIONS, a person who is leasing or has leased a deed
restricted unit which is subject to these GuidelinesREGULATIONS, and any qualifying potential lessee or past
lessee of any such deed restricted unit.
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GUIDELINE APPENDICES
APPENDIX A: APCHA BACKGROUND
Aspen Pitkin County Housing Board Authority
In keeping with state requirements for establishing housing authority regulations, the APCHA Housing
Board has adopted Guidelines that govern the development of, admission to, operation, occupancy and
transfer of deed-restricted housing in Aspen and Pitkin County. Among other responsibilities and
procedures, the Guidelines authorize APCHA to:
✓ Review land use applications
✓ Develop and prioritize both current and long-range housing projects
✓ Provide information and establish policies and procedures for affordable housing
development and occupancy
✓ Establish criteria for qualification and occupancy
✓ Establish affordable housing rental rates and sale prices
APCHA Board and Staff
The Housing Board is comprised of seven members – three appointed by Council, three appointed by the
BOCC, and two jointly appointed members-at-large (one member as an alternate).
The board meets twice a month – the 1st and 3rd Wednesday’s of each month – and as often as it otherwise
deems necessary. The board works closely with the APCHA Executive Director.
The APCHA Housing Office is located at 210 East Hyman Avenue, Suite 202, Aspen Colorado 81611. For
information call 970 920 5050, or search http://www.apcha.org.
APCHA Guidelines
APCHA Guidelines are intended to respond to community housing needs and to support the APCHA
program and are not intended to supersede city or county land use regulations and codes, state or federal
legislation or the International Building Code. Any conflict shall be decided in favor of the latter. Guidelines
shall be reviewed and revised at least every three years; administrative revisions including figures for
qualifying income, rental rates and sale prices shall be made annually and are usually published at the start
of each year. Guidelines shall remain in effect until such time as the APCHA Board, Aspen City Council,
and/or Pitkin County Board of Commissioners approve new or amended Guidelines (per the Fifth Amended
and Restated Intergovernmental Agreement.
History of APCHA Housing Categories
Prior to 1990, affordable housing income categories were defi ned as low, moderate and middle income,
along with a RO designation, in accordance with Guidelines then in effect. APCHA later established rental
and ownership Categories 1 through 4 and were redefined to meet changing income and asset levels to
provide a broader variety of units to resident employees. Ownership Categories 5, 6 and 7 were added in
2003.
APCHA originally established Maximum Income and Assets per Household using data including: 1999
Housing Survey of Pitkin County Employees (reporting median income of $60,000 per household with 0-
1 dependent); Colorado Department of Labor and Employment wages and employment reports; U.S.
Census Bureau data: Annual Expenditure Per Child report and U.S. Flow of Funds Accounts report; and
Department of Housing and Urban Development Datasets.
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APPENDIX A
TO GO INTO EFFECT ON MARCH 1, 2020
APPROVED BY RESOLUTION NO. 11 (SERIES OF 2019)
SCHEDULE OF FINES
# Stage 1 Violation Fine Range**\
1 Failure to requalify by original deadline set by APCHA. $150 to $180
2 Failure to provide requested information to establish continued compliance by original
deadline set by APCHA. $150 to $180
3 Failure to provide Census Information by original deadline set by APCHA. $150 to $180
4
Failure to pay HOA assessments (general or special) after failing to cure delinquency. HOA
must follow collections policies and procedures under CCIOA before reporting owner to
APCHA.
$150 to $180
5 Failure to pay property taxes annually by the deadline imposed by Pitkin County. $150 to $180
6 Failure to allow the APCHA to inspect the property or unit as provided in the deed
restriction, after providing Owner with no less than 24 hours’ written notice. $150 to $180
7 Failure to get roommate approved prior to move-in. $150 to $180
8 Intentionally Left Blank $150 to $180
**Fines will be adjusted annually based upon the Consumer Price Index, All Items, U.S. City Average, Urban Wage Earners and Clerical
Workers (Current Series) published by the U.S. Department of Labor, Bureau of Labor Statistics. Fine amounts shall increase by an
amount based upon the CPI effective January 1 of each year. Stage 1 Violations will have 15 days to cure prior to assessing any fines.
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# Stage 2 Violation Fine Amount
1 Failure to requalify by Stage 1 NOV deadline. $400 to $480
2 Failure to provide requested information to establish continued compliance by Stage 1
NOV deadline. $400 to $480
3 Failure to provide Census Information by Stage 1 NOV deadline. $400 to $480
4 Failure to pay HOA assessments (general or special) by Stage 1 NOV deadline. $400 to $480
5 Failure to pay property taxes by Stage 1 NOV deadline. $400 to $480
6 Failure to maintain eligibility (generally). $ $400 to $4800600
7 Failure to obtain approved Leave of Absence (LOA). $400 to $480
8 Failure to provide APCHA with copy of signed lease prior to occupancy by tenant(s). $400 to $480
9 Failure to notify APCHA in writing of any default within five business days of Owner’s
notification; e.g., pending foreclosure.
$400 to $480
10 Failure to cure Stage 1 Violation. $400 to $480
11 Intentionally Left Blank $400 to $480
12 Intentionally Left Blank $400 to $480
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# Stage 3 Violation Fine Amount
1 Failure to requalify by Stage 2 NOV deadline. $1,000 - $1,200
2 Failure to provide requested information to establish continued compliance by
Stage 2 NOV deadline. $1,000 - $1,200
3 Failure to provide Census Information by Stage 2 NOV deadline. $1,000 - $1,200
4 Failure to pay HOA assessments (general or special) by Stage 2 NOV deadline. $1,000 - $1,200
5 Failure to pay property taxes by Stage 2 NOV deadline. $1,000 - $1,200
6 Failure to get lease approved in advance. $1,000 - $1,200
7 Charging rent up to $200 in excess of amount permitted by Deed Restriction
and/or Guidelines. $1,000 - $1,200
8 Exceeding maximum vacancy period of rental unit. $1,000 - $1,200
9 Failure to cure Stage 2 Violation or Pay Stage 2 Fine. $1,000 - $1,200
10 Intentionally Left Blank $1,000 - $1,200
11 Intentionally Left Blank $1,000 - $1,200
12 Intentionally Left Blank $1,000 - $1,200
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# Stage 4 Violation Fine Amount
1 Failure to requalify by Stage 3 NOV deadline. $2,500 - $3,000
2 Failure to provide requested information to establish continued compliance by
Stage 3 NOV deadline. $2,500 - $3,000
3 Failure to provide Census Information by Stage 3 NOV deadline. $2,500 - $3,000
4 Failure to pay HOA assessments (general or special) by Stage 3 NOV deadline. $2,500 - $3,000
5 Failure to pay property taxes by Stage 3 NOV deadline. $2,500 - $3,000
6 Failure to occupy unit as sole and exclusive place of residence. $2,500 - $3,000
7 Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families. $2,500 - $3,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines. $2,500 - $3,000
9 Owning other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines. $2,500 - $3,000
10 Use of premises for other than residential purposes. $2,500 - $3,000
11 Advertising rental without APCHA approval as required by Deed Restriction
and/or Guidelines. $2,500 - $3,000
12 Charging more than $200 in rent in excess of amount permitted by Deed
Restriction and/or Guidelines. $2,500 - $3,000
13 Failure to cure Stage 3 Violation or Pay Stage 3 Fine. $2,500 - $3,000
14 Intentionally Left Blank $2,500 - $3,000
15 Intentionally Left Blank $2,500 - $3,000
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# Stage 5 Violation Fine Amount
1 Failure to requalify by Stage 4 NOV deadline. $5,000 – $6,000
2 Failure to provide requested information to establish continued compliance by
Stage 4 NOV deadline. $5,000 - $6,000
3 Failure to provide Census Information by Stage 4 NOV deadline. $5,000 - $6,000
4 Failure to pay HOA assessments (general or special) by Stage 4 NOV deadline. $5,000 - $6,000
5 Failure to pay property taxes by Stage 4 NOV deadline. $5,000 - $6,000
6 Failure to occupy unit as sole place of residence during time unit is owned by Stage
4 NOV deadline. $5,000 - $6,000
7
Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families by Stage 4 NOV
deadline.
$5,000 - $6,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
9 Failing to list other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
10 Selling or conveying a property or unit without APCHA approval. $5,000 - $6,000
11 Encumbering property with debt in any form which exceeds at any time the
Maximum Resale Price of the Unit. $5,000 - $6,000
12 Permitting any use or occupancy of Unit not in compliance with the Deed
Restriction and/or Guidelines. $5,000 - $6,000
13 Making unauthorized improvements and/or failing to obtain building permit or
certificate of occupancy with respect to capital improvements. $5,000 - $6,000
14 Creating an additional dwelling unit as defined in the Pitkin County or City of
Aspen Land Use Codes, in or on the property. $5,000 - $6,000
15 Rental of all or part of a unit in violation of the Deed Restriction and/or
Guidelines. $5,000 - $6,000
16 Submitting false/inaccurate information. $5,000 - $6,000
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17 Failure by Non-Qualified Transferees to transfer Property or Unit to a Qualified
Buyer. $5,000 - $6,000
18 Using deed restricted property as income producing property. $5,000 - $6,000
19 Failure to list home by deadline after NOV becomes final. $5,000 - $6,000
20 Accepting any consideration which would cause an increase in the purchase price
above the bid price to induce an Owner to sell to a prospective buyer. $5,000 - $6,000
21 Fraud (as defined in Guidelines). $5,000 - $6,000
22 Selling or otherwise transferring Unit not in accordance with the Deed Restriction
and/or Guidelines. $5,000 - $6,000
23 Sell or otherwise transfer Unit for use in a trade or business. $5,000 - $6,000
24 Purchasing other developed residential property in OEZ while owning an APCHA
deed restricted property. $5,000 - $6,000
25 Failure to Cure Stage 4 Violation or Pay Stage 4 Fine. $5,000 - $6,000
26 Intentionally Left Blank $5,000 - $6,000
27 Intentionally Left Blank $5,000 - $6,000
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APPENDIX B: APCHA FORMS
APCHA forms may be downloaded at www.apcha.org. They include, but are not limited, to the following:
Application Information for Employer -Owned Units
Bid Submission form
Capital Improvements and Depreciation Schedule
City of Aspen Utilities Change of Ownership Form
Contract and HOA Information Sheet
Co-Signer/Co-mortgagee Agreement
Custody Affidavit
Employment and Income Verification
Impact Fee Deferral Agreement
Lawful Presence Affidavit
Leave of Absence Request
Ownership Application
Ownership Application – Aspen Village
Ownership Application – Lazy Glen
Long-term Rental Application
Long-term Rental Application – Aspen Country Inn
Long-term Rental Application – Truscott Place Phase II
Seasonal Rental Application
Seller’s Property Disclosure Form (Colorado Real Estate Commission form)
Sale Agreement (Colorado Real Estate Commission form)
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APPENDIX CB: APCHA FEE SCHEDULE
APCHA Fee Amount
Ownership Application Fee $ 50
Ownership Bid Submission Fee 5
First-Time Tenant Long-term Rental Application Fee
Seasonal/Dormitory Rental Application Fee (per person) 35
Rental Requalification Fee (required every two years) 35
Sale Listing Fee 600
Sale Transaction Fee
Ownership Transfer Fee 100
Capital Improvements Review and Site Visit 50
FEE TYPE Charged Per Proposed Per Current Fee
Proposed
Fee
1 Ownership Application Fee (first time or > 2 years)Household 50$ 100$
2 Ownership Requalification Fee (>2 years) NEW Household 50$
3 Ownership Bid Submission Household 5$ 10$
4 First-time Tenant Long-Term Rental Application Household Working Adult 50$ 50$
5 Seasonal Rental Application Person Working Adult 35$ 35$
6 Rental Long-Term Rqualificsation (1x/2 years)Household Working Adult 35$ 50$
7 Listing Fee (non-fundable portin of sale fee)Household 600$ 750$
8 Sales Fee (balance paid at closing)Household
2% of Sales
Price
3% of
sales price
9
Ownership Transfer Fee (to immediate family
member)Household Household 100$ 1,000$
10 Capital Improvement (CI) Review and Site Visit*Household Household 50$ 100$
11 Centennal Rental App Fee (Mgt. referral fee)Agreement
12 Leave of Absence Request (NEW)
Household/
year -$ 50$
13 Emergency Worker Referral (NEW)Requester -$ 50$
14 Land Use Referral Fee (City and County)
*If the owner is selling the home, the CI fee is not charged as it is part of the sales fee.
PROPOSED FEES FOR 2020
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APPENDIX C
METHODOLOGY FOR
CALCULATING AMI INCOME LIMITS AND NET ASSETS
APPROVED BY RESOLUTION NO. 02 (SERIES OF 2017)
CALCULATING AMI INCOME LIMITS
Maximum gross incomes per household are based on the annually published
department of housing and urban development (HUD) Pitkin County area median
income (AMI). The maximum gross incomes, by household size, per category are
outlined in Table II. The figures in Table II are calculated by multiplying the most
current Pitkin County AMI by the top AMI percentage allowed per category in Table
I. The resulting figures present the maximum gross income for a 4-person household
allowed for all categories. To calculate the maximum gross incomes for all household
sizes, the 4-person household maximum gross incomes are adjusted using the AMI
household size adjustment established by HUD. Annual adjustments will be made upon
publication of the most current Pitkin County AMI published by HUD.
CALCULATING NET ASSETS
The maximum net assets allowed per category are outlined in Table II. The figures in
Table II are calculated by multiplying the maximum sales price for newly deed -
restricted single-family home detached per category, outlined in Table III, by 150%.
Annual adjustments will reflect the changes in maximum sales price for newly deed-
restricted single-family home detached per category. Because there is no maximum
sales price for newly deed-restricted single-family home detached for the Resident-
Occupied (RO) category, the maximum net assets allowed for category RO will
increase annually based on the lesser of the percentage change in consumer price index
(urban wage earners) from November of one year to November of the following year,
or 3%, whichever is less. The final calculated figures for all categories are rounded to
the nearest $5,000.
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APPENDIX D
SUPPLEMENTAL GUIDANCE
APPROVED BY APCHA BOARD ON JULY 6, 2016
Marketability Standards
APCHA Guidelines (2016)
Purpose
The Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen (CoA) seek to provide
supplemental guidance to the Housing Guidelines’ existing Marketability Standards (Part III, Section 6 (B))
required for converting free market single family, duplex, and multi-family dwelling units into affordable
deed restricted workforce housing through the use of Certificates of Affordable Housing Credit (Housing
Credits) and/or buy-downs.
Policy Issue
The Housing Guidelines’ Marketability Standards lack minimum guidance for converting and improving
older free market dwelling units into newly renovated deed restricted affordable housing. Marketability
standards are broadly interpreted to mean building, livability, and marketability standards.
Policy Goal
To ensure that older free market dwelling units renovated and converted to newly deed restricted workforce
affordable housing should meet basic building code requirements from original Certificate of Occupancy,
along with upgrades to improve livability, life safety, environmental, energy, and sustainability standards.
To also ensure that any free market developer attempting to develop affordable housing through the
Housing Credits program or through buy-downs provide newly renovated affordable housing that is
affordable, long-term, and appropriate in value with respect to the Certificates or Credits received from the
City of Aspen.
Background and Regulatory Authority
Recent changes to Fee-In-Lieu (FIL) mitigation requirements have increased private sector interest for
converting older free market dwelling units into newly deed restricted workforce affordable housing
through Housing Credits.
At its regular board meeting on March 2, 2016, the APCHA Board of Directors asked staff to propose new
minimum standards under the Housing Guidelines for conversion projects using Housing Credits.
Part III of the Housing Guidelines establishes policies and procedures for affordable housing development
and redevelopment. For example, Part III, Section 5 of the Housing Guidelines establishes Net Minimum
Livable Square Footage for affordable housing units for construction and conversion.
The Guidelines require that all new affordable housing development must include a capital reserve study
as part of the initial HOA documents, as well as a separate capital reserve fund; and that all HOA documents
require the establishment and maintenance of a capital reserve fund.
The APCHA requires a written ‘pre-occupancy inspection’ by a certified building inspector, architect
and/or engineer confirming that any construction or conversion is compliant with applicable codes.
However, the Guidelines are silent on what a written inspection report should include.
The Housing Guidelines’ Marketability Standards require new and converted housing units to be in
“marketable condition” prior to sale. Part III, Section 6B states:
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The applicant shall bear the costs and expenses of any required upgrades to meet the standards below,
as well as any structural/engineering reports required by APCHA to assess the suitability for
occupancy, as follows:
• All interior walls must be freshly painted;
• Interior appliances must be less than five years old and in good condition and repair;
• Carpets must be less than five years old, in good condition and repair, or replaced if in lesser
condition;
• Windows, heating, plumbing and electrical systems, fixtures and equipment must be in good
condition and working order and brought up to the current code utilized by the Community
Development Department;
• All exterior walls must be freshly painted within the previous year;
• Landscaping and yard must be in satisfactory condition;
• Roof must be in good repair with remaining useful life of at least ten (10) years; and
• HOA documents; i.e., Articles of Incorporation, By-Laws, and Condominium Declarations, must
be approved by APCHA.
Unfortunately, these standards are insufficient because they do not guarantee the long-term useful life,
affordability, and safety of converted affordable housing.
Overarching Goals for Building, Livability and Marketability Standards
Responding to the lack of guidance found in the Housing Guidelines, in addition to the development
requirements stated herein, the following proposed recommendations are intended to strengthen and
improve APCHA’s existing building, livability and marketability standards.
The APCHA staff recommends that Housing Credits proposals to convert existing free market units into
deed restricted employee housing should be:
1) Structurally sound;
2) Meet original building codes; and
3) Achieve an overall general physical condition rating of “very good” by a certified construction
inspector.
The “effective age” of a Housing Credits conversion project should be no older than ten or fifteen (10 or
15) years old (as defined by Marshall & Swift Residential Cost Handbook, 2014) and should have a
minimum “Remaining and/or Estimated Useful Life” (RUL/EUL) of seventy-five percent (75%) for all
major and essential components.
Conventional 30-year fixed loan requirements may also require the project to not have a Remaining Useful
Live (RUL) of less than 30 years.
Housing Credits conversion or buy down projects should also satisfy original building codes at the time of
the original building permit; meet minimum net livable square footage provided for in Table VI of the
Housing Guidelines; and any additional requirements set forth by the City.
Non-conforming dwelling units, buildings, or sites should be eligible on a case-by-case basis.
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Supplemental Guidance for Redevelopment Requirements
APCHA requires that any Housing Credits or Buy-Down affordable housing conversion project must:
• Conduct a Project Capital Needs Assessment (PCNA) by an independent, 3rd party certified
construction inspector (e.g. a credentialed Building Performance Institute professional) and
provide to CoA and APCHA for review and comment:
o The PCNA shall be conducted in accordance with ASTM E-2018-08 Standard Guide for
Property Condition Assessments: Baseline Property Condition Assessment Process, the
U.S. Department of Housing and Urban Development Multifamily Accelerated
Processing (MAP) Guide, Chapters 5 and 6, revised November 23, 2011, the Housing
Notice 2012-27, and the Mortgagee Letter 2012-25 Revised Requirements (including
FAQ-PCNA Guidance) for Project Capital Needs Assessments;
• Receive a 3rd Party Energy Audit (e.g. CORE) and Report and provide it to CoA and APCHA;
• Provide structural integrity and sufficient modernization as recommended by CoA Building
Department and/or HUD Minimum Property Standards;
• Have a minimum 75% “Remaining and/or Estimated Useful Life” for all major and/or essential
components;
• Provide an up-to-date reserve study prepared by a qualified, independent professional reserve
specialist or engineer, accompanied by an engineer's report, or functional equivalent. The report
must comment favorably on the structural integrity of the project and the remaining useful life of
the major and essential project components, such as:
o Overall General Description of Site (e.g. topography, storm and water drainage, access
and egress, paving and parking, etc.);
o Structural Frame and Building Envelope (e.g. foundation, building frame and facades,
roof and roof drainage);
o Mechanical and Electrical Systems (e.g. plumbing and heating systems, HVAC, and
electrical systems);
o Vertical Transportation (e.g. conveyance systems);
o NFPA – Life Safety Systems (e.g. sprinklers and alarm systems);
o Interior Elements (e.g. common areas, tenant spaces/dwelling units);
o Additional/Out of Scope Considerations (e.g. code and environmental issues,
accessibility issues, owner proposed improvements);
o Repair and Reserve Study.
• Provide a capital reserve study and savings plan establishing:
o A capital reserve fund balance containing the depreciation or replacement cost of any
major components listed within the capital reserve study prior to approval;
o That all critical and non-critical repairs have been identified;
o A corrective action plan for any accessibility deficiencies identified;
o Funds to cover the total cost of any items identified in the reserve study or engineer's
report that need to be replaced within 5 years from the date of the study must be
deposited in the HOA's reserve account, in addition to the amount stated immediately
above; and
o A utility contingency of at least 10% of the previous year's utility costs if the utilities are
not separately metered;
• All deficiencies determined by the inspections listed above shall be rectified and/or addressed in
full or at the discretion of the APCHA Board and the City of Aspen.
• All rehabilitation work for a conversion project must be completed in a professional manner.
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Regulatory Considerations and Requirements
• Affordable housing conversion projects, and any additional requirements resulting from the
project Scope of Work, should consult the most recent edition of the International Existing
Building Code (IEBC) published by the International Code Council, Inc. The IEBC establishes
minimum regulations for existing buildings using prescriptive and performance-related
provisions. The IEBC is designed to meet the need for a modern, up-to-date code addressing
repair, alteration, addition or change of occupancy in existing buildings through model code
regulations that safeguard the public health and safety in all communities, large and small.
• HUD’s Physical Needs Assessment (PNA) of public housing authorities uses a 20-year planning
horizon.
• According to HUD, Physical Needs Assessments (PNAs) have been the standard method for
determining capital needs in the real estate industry and remains a vital way for property
managers to plan for necessary capital improvements.
• HUD believes it is important for property owners with significant public housing inventories to
make such assessments.
• Consulting HUD’s Green Physical Needs Assessment (GPNA) Tool:
▪ Components are divided into five categories:
1. Site
2. Building Exterior
3. Building Systems
4. Common Areas
5. Units
▪ Aggregated capital needs can be identified in several areas:
1. Replacement needs
2. Refurbishment needs
3. Accessibility needs
4. Marketability/livability needs
5. Sustainability needs
• Basic Code Requirements:
▪ CO detector
▪ Smoke detector
▪ Must meet requirements from original Certificate of Occupancy (CO):
1. Minimum and legal egress
2. No bandit units
3. Separate utility metering
4. Occupancy separation
5. Fire resistive construction
• Beyond basic code requirements and life and safety improvements, the project should attempt to
provide adequate:
▪ On-site parking
▪ Storage
▪ Outdoor living space
▪ Indoor Environmental Quality (IEQ)
1. Fresh and clean indoor air
2. Quiet space and privacy between units and daylighting into primary living spaces
3. Security
4. Accessibility
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5. Efficient ME, PL and EL Systems
Key Terms
Buy-Down Unit: A free market unit that the government (City of Aspen, Pitkin County, or APCHA) and/or
private sector acquires and deed restricts to affordable housing in accordance with these Guidelines.
Capital Needs Assessment (CNA): A Capital Needs Assessment is a road map to understanding the life
expectancy and cost of major items needed to maintain a property.
A CNA provides an inspection of a property giving an estimate of maintaining it over a 5 - to 20-year time
span. The CNA sets up a budget for the projected amount of years and informs of immediate needs of the
property. This data determines the remaining useful life (RUL) of major items.
A Capital Needs Assessment is a plan to address existing deferred maintenance within a multifamily
property and what is required to modernize and rehabilitate it to ensure that all the needs of the property
are addressed well into the future.
Measures of Capital Needs:
• Existing Needs are the costs of repairs and replacements beyond ordinary maintenance required
to make the housing decent and economically sustainable.
• Accrual Needs are the costs needed each year to cover expected ongoing repairs and replacements
beyond ordinary maintenance assuming that all existing needs are met.
Certificate of Affordable Housing Credit (Housing Credits), Chapter 26.540 City of Aspen Land Use
Code: A Certificate of Affordable Housing Credit is issued to the developer of affordable housing that is
not required for mitigation. Another entity can purchase such a Certificate and use it to satisfy housing
mitigation requirements. Establishing this transferable Certificate creates a new revenue stream that can
make the development of affordable housing more economically viable. Establishing this transferable
Certificate also establishes an option for mitigation that reflects built and occupied affordable housing,
thereby offsetting the impacts of development before those impacts are felt.
Depreciation: the loss in value due to any cause. It is the difference between the market value of a structural
improvement or piece of equipment and its reproduction or replacement cost as of the date of valuation.
(Source: Residential Cost Handbook, Marshall & Swift; 2017)
Categories of Depreciation:
• Physical depreciation is loss in value due to physical deterioration.
• Functional or technical obsolescence is loss in value due to lack of utility or desirability of part or
all the property, inherent to the improvement or equipment thus a new structure or piece of
equipment may suffer obsolescence when built.
• External, locational or economic obsolescence is loss in value due to causes outside the property
and independent of it and is not included in the tables.
Effective Age of a property is its age as compared with other properties performing like functions. It is the
actual age less any years that have been taken off by face-lifting, structural reconstruction, removal of
functional inadequacies, etc. (Source: Residential Cost Handbook, Marshall & Swift; 2017)
Use the following steps to determine the effective age of a residence:
• Typical Life: Determine the residence's Typical Life, based on its type, exterior wall type and
quality, using the "Typical Lives" table contained in Section E of the Residential Cost
Handbook (and duplicated in the help for Typical Life).
• Remaining Useful Life: Estimate the building's remaining useful life, based on an evaluation of
its condition, construction quality, actual age and any renovations or repairs that have been made.
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• Effective Age: Subtract the remaining useful life from the Typical Life to obtain the Effective
Age.
Example of determining effective age:
For a good quality, single-family residence built 30 years ago with frame exterior walls, the
following renovations and repairs have been completed:
• The electrical system was replaced 10 years ago.
• The heating plant was replaced 4 years ago.
• The roof was repaired 8 years ago.
• The interior was completely renovated 10 years ago, with new floor covering, wall finish
and plumbing fixtures.
• Based on the dwelling's current good condition and a subjective evaluation of the effect of
these changes, you estimate that the remaining useful life is now 45 years. The Typical Life
for this residence is 55 years (see Typical Life). Therefore, the effective age is:
Typical Building Life 55 years
Minus: Remaining Useful Life -45 years
Effective Age 10 years
The entry of Effective Age is optional, except if you select either of the following options for
calculating Physical and Functional Depreciation:
• Using Marshall & Swift Tables: With this option, Residential Estimator calculates the amount
of normal physical and functional depreciation using the depreciation schedule in the Residential
Cost Handbook, based on the occupancy, construction class and quality in addition to effective
age.
• Age/Life (Straight Line): With this option, Residential Estimator calculates the amount of
physical and functional depreciation by dividing the Effective Age by the Typical Life.
Gut rehabilitation: refers to the renovation of a property down to the shell of the structure, including the
replacement of all HVAC and electrical components (unless the HVAC and electrical components are up
to current code).
Project Capital Needs Assessment: The U.S. Department of Housing and Urban Development (HUD)
requires Project Capital Needs Assessments (PCNAs) for rehabilitation construction
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APCHA GUIDELINES TABLE OF CONTENTS
PART Page
I APCHA Housing Board Policies
Section 1. Mission Statement
Section 2. APCHA Goals
Section 3. Applicability
Section 4. Affordable Housing Types and Categories
Section 5. Affordable Housing Rental and Ownership
Section 6. APCHA Eligibility
II APCHA Affordable Housing Development Policies and Procedures
Section 1. APCHA Housing Development Policy
Section 2. Affordable Housing Development Priorities
Section 3. Policies for Newly Deed-restricted Units
Section 4. APCHA Approval and Execution of Deed Restrictions
IV APCHA Eligibility and Qualification
Section 1. Eligibility
Section 2. Qualification Procedures
V APCHA Rental Policies and Procedures
Section 1. Rental Priorities (APCHA Managed Properties)
Section 2. Rental Procedures
VI APCHA Purchase and Sale Policies and Procedures
Section 1. Application and Qualification to Purchase Affordable Housing
Section 2. Sale Listings
Section 3. Bid Process
Section 4. Lottery
Section 5. Sales Contract
Section 6. Closing the Transaction
Section 7. Sale of an Ownership Unit / Listing a Unit for Sale
Section 8. Resident-Occupied (RO) Unit Sale Policies and Procedures
Section 9. Foreclosures
VII Maintaining Eligibility, Special Review, Compliance & Grievance Policies/Procedures
Section 1. Maintaining Eligibility
Section 2. Landlord Responsibilities
Section 3. Owner Responsibilities
Section 4. Special Review Policy
Section 5. Enforcement Policies
VIII DEFINITIONS
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TABLES Page
I APCHA Household Income Target Levels per Category
II Maximum Gross Income and Net Assets per Household
III Maximum Monthly Rental Rates for Deed-restricted Rental Units
IV Maximum Sale Prices for Newly Deed-restricted Ownership Units
V Payment-in-lieu/Impact Fee Schedule
VI Minimum Net Livable Square Footage for Affordable Housing
VII APCHA Mitigation Standards
VIII Maximum Annual APCHA Adjustment
IX APCHA Bid Priority per Employment and Residency History
X Number of APCHA Lottery Chances for Priority Bids
APPENDICES
A Schedule of Fines
B APCHA Fee Schedule
C Methodology for Calculating AMI Income Limits and Net Assets
D Supplemental Guidance for Marketability Standards (2016)
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The Aspen Pitkin County Employee Housing Guidelines have been renamed to APCHA Regulations.
All documents that refer to APCHA Guidelines now refer to APCHA Regulations.
2019 REGULATIONS
PART I
APCHA HOUSING BOARD POLICIES
Section 1. Mission Statement
The mission of the Aspen/Pitkin County Housing Authority (APCHA) is to provide workforce housing for
the community and local economy.
Section 2. APCHA Goals
• PROVIDE AFFORDABLE WORKFORCE HOUSING OPPORTUNITIES TO FULL-TIME PERMANENT
WORKING RESIDENTS THAT PROVIDE, OR HAVE PROVIDED, GOODS AND SERVICES TO
PERSONS, BUSINESSES, OR INSTITUTIONAL OPERATIONS, WITHIN ASPEN AND PITKIN COUNTY
IN ACCORDANCE WITH THE INTERGOVERNMENTAL AGREEMENT;
• PROVIDE AFFORDABLE WORKFORCE HOUSING OPPORTUNITIES FOR FULL-TIME SEASONAL
WORKERS;
• PROMOTE THE DEVELOPMENT AND MAINTENANCE OF HOUSING THAT IS AFFORDABLE TO
MANY ECONOMIC SECTORS OF THE WORKING POPULATION.
• PROMOTE PROGRAM TRANSPARENCY AND IMPROVED DECISION MAKING THROUGH THE
COLLECTION AND REPORTING OF ACCURATE, RELIABLE, RELEVANT AND REALTIME DATA;
• ENFORCE THE REGULATIONS OF THE HOUSING PROGRAM AND ALL DEED RESTRICTIONS;
• PROVIDE QUALITY CUSTOMER SERVICE AND REALTIME MARKET INFORMATION;
• PROMOTE A CULTURE OF OCCUPANT (OWNER AND RENTER) RESPONSIBILITY, ACCOUNTABILITY,
AND COMPLIANCE;
• ENSURE THE HOUSING PROGRAM ADDS REAL VALUE TO THE COMMUNITY AND FOR THE
TAXPAYERS;
• SAFEGUARD THE HOUSING PROGRAM AND INVENTORY FOR CURRENT AND FUTURE
GENERATIONS TO COME.
Section 3. APPLICABILITY
THESE REGULATIONS APPLY TO Affordable housing THAT is deed-restricted housing for qualified
employees as stated in these REGULATIONS. Rental and ownership UNITS are restricted by terms
ensuring Housing Board policies are met.
APCHA rental and ownership housing is developed by county and city authority and managed according
to APCHA REGULATIONS. APCHA rental properties are leased and managed both by APCHA and by the
private sector in the form of a property management company or the owner. The majority of APCHA
ownership units are sold through APCHA and managed by a not-for-profit Homeowners’ Association
(HOA) specific to the property. The HOA is responsible for maintaining common elements of the
property with the power to assess owners as necessary. APCHA tenants and owners qualify with APCHA
and occupy units under the terms of the respective lease or HOA and in compliance with deed
restrictions.
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Section 4. Affordable Housing Unit Types and Categories
APCHA rental and ownership units, including Resident-Occupied (RO) units, are located throughout the
City of Aspen and Pitkin County in public and private all-affordable housing properties and/or as
designated affordable housing units in private sector property developments.
Qualification for APCHA housing is determined according to applicant household size and maximum
gross income and net assets per category. Asset caps test an applicant’s (buyer or renter) need to
purchase or rent a deed restricted unit. They are intended to limit competition for scarce affordable
housing units.
APCHA housing categories are established according to household income levels. See Table I APCHA
Target Household Income Levels per Category.
Categories are further defined according to household size:
• The number of TOTAL PERSONS in a household determines household size.
See Table II for Maximum Gross Income and Net Assets per Household.
TABLE I ADOPTED JUNE 21, 2017,
APCHA RESOLUTION NO. 2 (SERIES OF 2017)
WENT INTO EFFECT MAY 14, 2018
TABLE I
APCHA HOUSEHOLD INCOME TARGET LEVELS PER CATEGORY
APCHA Housing Target Household Income Level AMI Percentage Range
Category 1 Low-Income Below 50% AMI
Category 2 Lower Moderate Income 50.1 - 85% AMI
Category 3 Upper Moderate Income 85.1 - 130% AMI
Category 4 Middle Income 130.1 - 205% AMI
Category 5 and RO Upper Middle Income 205.1 - 240% AMI
FOR THE PURPOSE OF QUALIFICATION, categories 6 and 7, AS DESCRIBED IN EARLIER VERSIONS
OF THE APCHA REGULATIONS have been eliminated. The change will not affect the maximum sales
price for Category 6 and 7 units. Maximum sales prices are never guaranteed. The units will
continue to appreciate as permitted under their respective deed restrictions (in most cases, 3% or
the consumer price index, whichever is less, per year, based on the purchase price [simple, not
compounded]).
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TABLE II
Household Size Category 1
(50% AMI)
Category 2
(85% AMI)
Category 3
(130% AMI)
Category 4
(205% AMI)
Category 5*
(240% AMI)RO
1-person $36,200 $61,550 $94,100 $148,400 $173,350 No income limit
2-person $41,400 $70,350 $107,550 $169,600 $198,550 No income limit
3-person $46,550 $79,150 $121,000 $190,800 $223,350 No income limit
4-person $51,700 $87,900 $134,450 $212,000 $248,200 No income limit
5-person $55,850 $97,950 $145,200 $228,950 $268,050 No income limit
6-person $60,000 $102,000 $155,950 $245,900 $287,900 No income limit
Net Assets not to
Exceed*$138,000 $317,000 $419,000 $593,000 $925,000 $2,300,000
2019 Category Income Limits and Asset Caps (as of June 1, 2019)
*Categories 6 & 7 have been rolled into Category 5; Assets increased January 1, 2019
Household Size Based on
(50% AMI)
Household
Size
Based on
(60%
AMI/HERA)
1-person 36,200$ 1-person 49,080$
2-person 41,400$ 2-person 56,100$
3-person 46,550$ 3-person 63,120$
4-person 51,700$ 4-person 70,080$
5-person 55,850$ 5-person 75,720$
6-person 60,000$ 6-person 81,300$
Net Assets not to
Exceed 419,000$
Net Assets
not to
Exceed 419,000$
2019 Max. Incomes for
Truscott Phase II
2019 Max. Incomes for ACI
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Section 5. Affordable Housing Rental and Ownership
A. Rental Units
Rental units administered by APCHA are available in Categories 1 through 5 and RO, as studio units,
one-, two- and three-bedroom units and as on-site employee dormitories and units. AS PROVIDED
IN THE APPLICABLE DEED RESTRICTION, rental units are managed and leased by both APCHA and
the private sector. Qualification for all rentals in APCHA inventory must be approved by APCHA.
See Part IV for APCHA eligibility and qualification and Part V for rental policies and procedures.
B. Ownership Units
Ownership units administered by APCHA are available in Categories 1 through 5, and in the RO
category, AS PROVIDED IN THE APPLICABLE DEED RESTRICTION. The majority of the ownership
units are marketed by and through APCHA. Qualification for all sales units in APCHA inventory must
be approved by APCHA. Bid results are prioritized and decided by lottery where applicable. See
Part VI for purchase and sale policies and procedures.
C. Resident-occupied Ownership (RO) Units
The RO category QUALIFIED HIGHER INCOME HOUSEHOLDS THE OPPORTUNITY TO OWN
AFFORDABLE HOUSING for the benefit of the community. RO ownership policies and procedures
are subject to land use approvals and/or the deed restrictions specific to each property. RO units
predating the publication of APCHA THESE REGULATIONS are subject to deed restrictions recorded
with property title at the time of purchase. Other RO units are subject to deed restrictions specific to
the property as recorded and to the REGULATIONS.
For RO ownership qualification, Maximum Household Gross Income Levels are unlimited, and the
Maximum Household Net Assets Level is higher than other APCHA categories, or unlimited as
stated in the applicable deed restriction.
Section 6. APCHA Eligibility – RENTAL UNITS AND OWNERSHIP UNITS
TO BE ELIGIBLE TO RENT OR PURCHASE A UNIT IN APCHA’S INVENTORY, UNLESS AN APPLICABLE DEED
RESTRICTION OTHERWISE REQUIRES, ELIGIBLE APPLICANTS/HOUSEHOLDS MUST:
• Work full-time (1,500 hours per calendar year) in Pitkin County OR FOR A PITKIN COUNTY
EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD TOTAL INCOME IN PITKIN COUNTY;
• Occupy the APCHA unit as a primary residence AND OCCUPY THE UNIT at least nine months
per CALENDAR year);
• Own NO other developed residential property within the Ownership Exclusion Zone (OEZ), IN
ACCORDANCE WITH SECTION …. THIS PROHIBITION INCLUDES OWNERSHIP BY A SPOUSE OR
MEMBER OF A HOUSEHOLD;
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICATION REQUIREMENTS TO THESE REGULATIONS.
A. APCHA Application and Qualification
To be eligible for APCHA housing, all persons must submit written application and documentation
required to verify employment/work history, household size, income and assets, and other
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necessary information. History of employment/work, special needs and other factors may affect
bid priority. See REGULATIONS Part IV for qualification policies and procedures.
B. Maximum Household Income and Assets
Per Resolution No. 02 (Series 2017), beginning May 14, 2018, APCHA adjusts maximum gross
income levels PER CATEGORY annually by the change in Pitkin County Area Median Income (AMI)
using Tables I and II. The maximum net assets allowed per category will increase annually based on
the lesser of the percentage change in Consumer Price Index (Urban Wage Earners) from
November of one year to November of the following year, or 3%, whichever is less. See Table II for
Maximum Gross Income and Net Assets per household for APCHA categories. See Appendix “H” for
a full explanation of the methodologies to calculate maximum gross income and net assets per
household by category.
C. Non-discrimination Policy
APCHA does not discriminate against anyone due to race, color, religion (CREED), GENDER, AGE,
national origin (ANCESTRY), DISABILITY, marital status, sexual orientation, MILITARY STATUS,
GENETIC INFORMATION, or ANY OTHER CHARACTERISTIC PROTECTED UNDER APPLICABLE
FEDERAL, STATE OR LOCAL LAW IN ANY OF ITS ACTIVITIES OR OPERATIONS. WE ARE COMMITTED
TO PROVIDING AN INCLUSIVE AND WELCOMING ENVIRONMENT.
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PART II
APCHA AFFORDABLE HOUSING DEVELOPMENT OVERVIEW
Section 1. APCHA Housing Development Policy
The City of Aspen, Pitkin County and APCHA are actively involved in affordable housing development
and redevelopment throughout Pitkin County to provide housing opportunities for full-time
employees. ALL DEED RESTRICTIONS FOR NEWLY CONSTRUCTED UNITS MUST BE APROVED BY APCHA
PRIOR TO ISSUANCE OF A CERTIFICATE OF OCCUPANCY (CO). SEE APCHA AFFORDABLE HOUSING
DEVELOPMENT POLICY FOR FURTHER INFORMATION AND REQUIREMENTS.
TABLE III
MAXIMUM MONTHLY RENTAL RATES FOR DEED-RESTRICTED RENTAL UNITS
Unit Size Category 1 Category 2 Category 3 Category 4 RO
Studio $521 $ 929 $1,389 $1,843 $2,527
1 Bedroom 646 1,091 1,547 2,022 2,703
2 Bedroom 765 1,254 1,710 2,185 2,866
3 Bedroom 887 1,402 1,877 2,348 3,031
SF Detached 1,010 1,581 2,038 2,425 3,111
Table III sets forth the maximum monthly rental rates for ALL deed-restricted affordable housing units. The
rental rates apply and shall be in effect for at least a six-month period from the commencement date of the
initial lease. Thereafter, the maximum monthly rental rate may be increased only to the extent that the
REGULATIONS in effect permit. If there is a conflict between the REGULATIONS and the deed-restriction on
the rental property, the most restrictive document will prevail. Section 6.D.1.a, below, for additional criteria.
TABLE IV
MAXIMUM SALE PRICES FOR NEWLY DEED-RESTRICTED OWNERSHIP UNITS
Categories 1-4
Unit Size Category 1 Category 2 Category 3 Category 4
Studio $43,000 $98,000 $165,000 $278,000
1 Bedroom 55,000 119,000 180,000 297,000
2 Bedroom 66,000 145,000 213,000 330,000
3 Bedroom 77,000 179,000 248,000 365,000
SFH Detached 91,000 210,000 280,000 394,000
SFH Lot N/A N/A N/A N/A
Categories 5-RO
Unit Size Category 5 Category 6 Category 7 Category RO
Studio $387,000 $431,000 $485,000 N/A
1 Bedroom 419,000 465,000 517,000 N/A
2 Bedroom 455,000 500,000 555,000 N/A
3 Bedroom 485,000 528,000 584,000 N/A
SFH Detached 518,000 564,000 616,000 N/A
SF Lot 111,000 154,000 161,000 $193,000
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TABLE V
2018 PAYMENT-IN-LIEU/IMPACT FEE SCHEDULE
Per Category – CITY ONLY
City Ordinance No. 05 (2018) – Effective Date - 03/26/2018 (7% Increase)
Category 1 $381,383.31
Category 2 342,599.02
Category 3 306,549.65
Category 4 238,687.04
Category 5 168,289.60
Category 6 142,114.19
Category 7 111,438.36
Effective date: 12/11/2015 – Category 2 is the rate relevant to calculating employee housing mitigation
First 4,500 sq. ft. = .16 employees per 1,000 sq. ft. of floor area
Above 4,500 sq. ft. = .36 employees per 1,000 sq. ft. of floor area
TABLE VI
MINIMUM NET LIVABLE SQUARE FEET (SF) FOR AFFORDABLE HOUSING
Per Unit Size (standardized)
Unit Size Minimum Square Footage
Studio 500
1-Bedroom 700
2-Bedroom 900
3-Bedroom 1,200
Single-Family Detached 1,500
TABLE VII
APCHA MITIGATION STANDARDS
Per Unit Size
Unit Type Occupancy Standard
Dormitory/Lodge per 150 sq. ft. mitigates for 1.00 employee
Studio units mitigate for 1.25 employees
One-bedroom units mitigate for 1.75 employees
Two-bedroom units mitigate for 2.25 employees
Three-bedroom units mitigate for 3.00 employees
Four or more bedrooms mitigate by adding an additional .5 employee per bedroom
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Section 2. Policies for Deed-restricted Units
Deed-restricted affordable housing units MUST comply with the occupancy standards of city or county
land use regulations and codes, these REGULATIONS and applicable deed restrictions. All new affordable
housing development must include a capital reserve study as part of the initial HOA documents, as well
as a separate capital reserve fund, AS WELL AS PROVIDING A ONE-YEAR OPERATING BUDGET TO BE USED
FOR A BASELINE FOR THE CAPITAL RESERVE FUND.
All HOA documents must provide that a capital reserve fund be established and maintained. In addition, for
projects which include both free-market and deed-restricted ownership residential units, the HOA
documents must ensure the long-term affordability of the deed-restricted units by including provisions
acceptable to APCHA for the control of general and special assessments, such as separation of common
elements, establishing separate free market and affordable sub-associations, and determining allocated
interests based on assessed valuation, square footage, or other measures.
A. Pre-occupancy Inspection
Upon the completion of construction OF NEW UNITS or conversion OF EXISTING UNITS and prior to
issuance of a CO for rental units or ownership units, such units shall be inspected and approved by a
certified building inspector, architect and/or engineer for compliance with applicable codes,
regulations and APCHA REGULATIONS. A written inspection report of inspection approval shall be
submitted to APCHA.
B. LIVABILITY Standards
Deed-restricted affordable housing ownership units MUST be in marketable condition AT THE TIME
OF SALE. See Part VI for ownership unit sale policies and procedures. Converted units must be in
marketable condition and approved by APCHA prior to rental or sale. The DEVELOPER shall bear the
costs and expenses of any required upgrades (AS WELL AS APCHA’S ATTORNEY FEES INCURRED FOR
ANY NEW PRODUCT) to meet the standards listed below, as well as any structural/engineering
reports required by APCHA to assess the suitability for occupancy, as follows:
• All interior walls must be freshly painted;
• Interior appliances must be less than five years old and in good condition and repair;
• Carpets must be less than five years old, in good condition and repair, or replaced if in
lesser condition;
• Windows, heating, plumbing and electrical systems, fixtures and equipment must be in
good condition and working order and brought up to the current code utilized by the
Community Development Department;
• All exterior walls must be freshly painted within the previous year;
• Landscaping and yard must be in satisfactory condition;
• Roof must be in good repair with remaining useful life of at least ten (10) years; and
• HOA documents; i.e., Articles of Incorporation, By-Laws, and Condominium Declarations,
must be approved by APCHA.
Developer/permit applicants shall bear the cost of any repairs, replacements and upgrades
required to meet APCHA standards.
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C. Occupant Qualification and Priority in Newly Deed-restricted Units
Unless tenant or purchaser QUALIFICATIONS AND priority is otherwise established by the applicable
land use approval, newly-deed restricted units shall be marketed and leased or sold through APCHA
according to these REGULATIONS.
See Part IV for APCHA Eligibility and Qualification.
See Part V for Rental Policies and Procedures.
See Part VI for Purchase and Sale Policies and Procedures.
1. Priority of Displaced Residents
NOTWITHSTANDING THE PRIORITIES SET FORTH IN SECTION …, APCHA owners and tenants
who are displaced by new construction or conversion of existing APCHA units shall have priority
for purchasing (owners) or renting (tenants) a similar APCHA unit of the same size, TYPE and
category. Displaced resident priority is determined on a case-by-case basis.
2. Priority of Qualified On-site Employees in Employer-owned Dormitories or Rental Units
In consideration of the need of employers, including but not limited to lodging enterprises,
agricultural operations and other businesses, to house employees on site, employers owning
on-site affordable housing rental units may, with the prior approval of APCHA, designate their
APCHA-qualified employees as tenants.
In such cases, employees must meet all APCHA qualifications except income and asset
maximums, which are waived.
If no person directly employed by the applicable owner/operator is APCHA-qualified, the on-
site dormitory space or other units shall be made available to other qualified tenants who may
be designated by APCHA.
3. Priority of Qualified Tenants and Owners Selected by Developer
Private sector developer/owners of NEWLY CONSTRUCTED affordable housing units shall be
permitted to choose APCHA-qualified tenants and/or owners to occupy one unit in compliance
with APCHA occupancy standards FOR THE INITIAL SALE OR LEASE ONLY. All households chosen
by the developer must meet the top priority criteria; i.e., four-year minimum work
requirement, minimum occupancy requirement, category, not owning other property within
the OEZ (see Definitions), INCLUDING NO OWNERSHIP OF OTHER DEED-RESTRICTED PROPERTY
UNLESS THEIR DEED RESTRICTED UNIT COMES AVAILABLE FOR SALE THROUGH THE LOTTERY.
THE DEVELOPER MUST MAKE THEIR CHOICE WITHIN 30 DAYS OF THE ISSUANCE OF THE CO.
THE REMAINING UNITS, INCLUDING ANY UNITS FOR WHICH THE DEVELOPER/OWNER DOES
NOT CHOOSE OCCUPANTS, SHALL BE MARKETED, LEASED AND SOLD THROUGH APCHA. FOR
ALL SALES, THE 2% SALES WILL BE DUE AT CLOSING. ALL UNITS MUST BE LISTED WITH APCHA
WITHIN 30 DAYS OF THE ISSUANCE OF THE CO.
D. Rental and Sale of Newly Deed-restricted Units
1. Rental
a. Maximum Rental Rates for Deed-restricted Units
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Maximum Monthly Rental Rates for Deed-restricted Affordable Housing units shall be as
specified in Table III of these REGULATIONS.
Table III sets forth the maximum monthly rental rates for deed-restricted affordable housing
units, UNLESS SPECIFIED DIFFERENTLY IN THE SPECIFIC DEED RESTRICTION FOR THAT
PROPERTY. The rental rates apply and shall be in effect for at least a 6-month period from
the commencement date of the initial lease. Thereafter, the maximum monthly rental rate
may be increased only to the extent that the REGULATIONS then in effect permit. If there is
a conflict between the REGULATIONS and the deed-restriction on the rental property, the
DEED RESTRICTION WILL prevail. The following additional criteria shall be followed:
• Maximum rental rates apply whether the units are provided furnished or unfurnished.
• Rental rates cannot be increased to pay for, the following:
▪ Cost of electricity, gas, water and sanitation in common areas;
▪ Condominium dues/assessments;
▪ Management costs;
▪ Property taxes;
▪ Landscaping costs;
▪ Snow plowing/shoveling;
▪ Condominium Insurance
• Additional costs that can be charged to the tenant, but must be verified by APCHA, are:
▪ Electricity, gas and/or water if not separately metered – METERED costs must be
based on the tenant’s share of such utilities attributable to the tenant’s net livable
area. Tenants shall be responsible for individually metered utilities.
▪ Trash, but proportionally based on the tenant’s net livable area.
▪ Other operational costs only when reviewed by APCHA and approved to be charged,
must be based on the tenant’s share attributable to the tenant’s net livable area.
• Prior to occupancy of a deed restricted rental unit, APCHA must qualify the tenant. All
DOCUMENTATION required under these REGULATIONS must be provided. The tenant
must provide the owner/landlord with proof of DOCUMENTATION and qualification by
APCHA prior to occupancy. PRIOR TO OCCUPANCY, the owner shall be required to
provide a copy of the lease agreement to APCHA for approval. Leases shall meet
allowable rental rates and shall be for a minimum term of six consecutive months. THE
UNIT MUST MEET OCCUPANCY STANDARDS, ONE PERSON PER BEDROOM, AT ALL TIMES
(UNLESS SPECIFIED DIFFERENTLY IN THE DEED RESTRICTION). Owner shall provide an
executed copy of the lease to APCHA prior to occupancy.
• Persons employed by an owner/operator shall be given first priority to rent ON-SITE
affordable housing units associated with a lodge, agricultural operation, or commercial
development, when ownership has been retained by the owner/operator of the
development. Employees must meet APCHA’s REGULATIONS for occupancy, income
and assets criteria in order to qualify to occupy the unit(s). In the event there are no
persons directly employed by the owner who qualify, the unit shall then be offered to
other qualified persons according to the REGULATIONS. (Affordable Housing [AH] Zone
development is exempt from this section.)
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• All deed restricted affordable housing rental units must comply with all THESE
Regulations AND THE REGULATIONS and codes of all governmental bodies and agencies
having jurisdiction. The owner of affordable housing rental units, at its cost and expense,
must keep and maintain the interior and exterior of the total structure (including all
residential units therein) and the adjacent open areas in a safe and clean condition and
in a state of good order and repair, reasonable wear and tear and negligent or intentional
damage by tenants excepted.
• A rental unit vacant for more than forty-five (45) days MUST be made available for
tenants selected through APCHA.
b. Lease Approval by APCHA
The review period for APCHA is five business days. All leases must provide for a minimum
lease term of six months and shall be renewed for consecutive six-month periods. MONTH-
TO-MONTH LEASES ARE NOT PERMITTED.
2. Sale
a. Maximum Sale Prices for Newly Deed-restricted Units
Maximum Sale Prices for Newly Deed-restricted Affordable Housing Units, Single Family
UNITS and Single-Family Lots shall be as specified in Table IV of these REGULATIONS AND
SHALL BE IDENTIFIED IN APPLICABLE DEED RESTRICTIONS AND MAXIMUM RESALE PRICES.
RO unit sale prices are determined IN ACCORDANCE WITH THE APPLICABLE DEED
RESTRICTIONS on a case-by-case basis. The developer generally sets the initial sale price of
a newly deed-restricted RO unit. APCHA MUST APPROVE THE SALES PRICE, OWNER SHALL
ENTER INTO A LISTING CONTRACT WITH APCHA, AND THE SALE WILL BE HANDLED
THROUGH THE APCHA SALES PROCESS.
b. Sales Through APCHA
Newly deed-restricted affordable housing ownership units, single-family UNITS and vacant
lots shall be offered for sale through APCHA.
After initial sale, all APCHA ownership units shall be marketed and sold through APCHA bid
and lottery process and/or according to deed restrictions specific to the property and
REGULATIONS. See Part VI.
Section 7. APCHA Approval and Execution of Deed Restrictions
APCHA shall work with developers of affordable housing to draft and approve Deed Restrictions to
ensure compliance with development approvals, the REGULATIONS, city and county land use
regulations and codes and governing Colorado and federal legislation.
APCHA shall approve the deed restrictions for housing units before such deed restrictions are ready for
recordation and prior to issuance of a CO. NO OCCUPANCY IS PERMITTED WITHOUT THE EXECUTED
DEED RESTRICTION AND ISSUANCE OF A CO.
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A. Growth Management Plan Applications
1. Mixed-use Developments – FREE-MARKET AND AFFORDABLE HOUSING
In mixed-use developments, where a deed-restricted unit is located in a private sector
condominium or subdivision that consists primarily of free market units, Homeowners’
Association (HOA) assessments are typically based on the SQUARE FOOTAGE. In an effort to
ensure that affordable housing remains affordable, deed-restrictions for affordable units in
mixed-use developments must state that HOA assessments on the affordable housing units
shall be pro-rated according to the value of an affordable housing unit relative to the value of
the free-market units in the development. ADDITIONALLY, THE HOA SPECIAL ASSESSMENTS
SHALL BE PRO-RATED IN THE SAME MANNER AS THE MONTHLY HOA ASSESSMENTS. The
governing documents shall specify that any change in HOA assessment policy is subject to
APCHA approval.
2. Caretaker and Accessory Dwelling Units (CDUs and ADUs)
If a caretaker or accessory dwelling unit is constructed or converted for mitigation purposes,
the developer shall submit required deed restrictions to APCHA for approval and execute and
record such deed restrictions prior to the final building inspection and/or issuance of a CO.
B. Amendments to Deed Restrictions
Deed restrictions recorded prior to the issuance of the applicable CO shall be amended to include
any changes necessary as a result of new legal requirements imposed by city or county regulations
or codes. Deed restrictions may also be amended by agreement between a private sector property
developer and Council or BOCC AND THEN APPROVED BY APCHA.
Upon final approval by APCHA, amended Deed Restrictions shall be executed and recorded prior
to issuance of a CO WHERE APPLICABLE. Copies of executed and recorded Deed Restrictions shall
be provided to APCHA by the developer.
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PART III
APCHA ELIGIBILITY AND QUALIFICATION
Section 1. ELIGIBLITY
TO BE ELIGIBLE TO RENT OR PURCHASE A UNIT IN APCHA’S INVENTORY, UNLESS AN APPLICABLE DEED
RESTRICTION OTHERWISE REQUIRES, ELIGIBLE APPLICANTS/HOUSEHOLDS MUST:
• WORK FULL-TIME, 1,500 HOURS PER CALENDAR YEAR IN PITKIN COUNTY OR
FOR A PITKIN COUNTY EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD
TOTAL INCOME IN PITKIN COUNTY;
• OCCUPY APCHA UNIT AS A PRIMARY RESIDENCE AND OCCUPY THE UNIT AT
LEAST NINE MONTHS PER CALENDAR YEAR;
• OWN NO OTHER DEVELOPED RESIDENTIAL PROPERTY WITHIN THE OWNERSHIP
EXCLUSION ZONE (OEZ) IN ACCORDANCE WITH SECTION . . . . . , THIS PROHIBITION
INCLUDES OWNERSHIP BY A SPOUSE OR MEMBER OF A HOUSEHOLD
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICABLE REQUIREMENTS OF THESE REGULATIONS.
APPLICANTS FOR WORKFORCE HOUSING IN THE APCHA INVENTORY MUST SUBMIT APPLICATIONS AND
DOCUMENTS REQUIRED TO VERIFY COMPLIANCE WITH THE ABOVE REFERENCED REQUIREMENTS,
INCLUDING WITHOUT LIMITATION, EMPLOYMENT AND WORK HISTORY, INCOME AND ASSE TS,
HOUSEHOLD SIZE, AND SUCH OTHER INFORMATION DEEMED NECESSARY BY APCHA IN ORDER TO
QUALIFY AS A TENANT OR QUALIFIED BUYER. APPROVAL MUST BE GRANTED BY APCHA PRIOR TO
SIGNING A LEASE, TAKING TITLE TO A UNIT, OCCUPYING A UNIT, ADDING A NAME TO THE TITLE OF AN
OWNERSHIP UNIT OR A LEASE, OR SUBMITTING A BID ON AN OWNERSHIP UNIT.
APPLICANTS FOR WORKFORCE HOUSING IN THE APCHA INVENTORY WILL ONLY BE ALLOWED TO HAVE
ONE QUALIFICATION PACKET ON FILE AT ANY GIVEN TIME AND IT MUST INCLUDE THEIR ENTIRE
HOUSEHOLD. (SEE SECTION . . . . )
Fraud Warning
Signatures on documents submitted to APCHA constitute verification that all information
provided is true and accurate. If any such information is determined to be false or non-
verifiable, such person may be disqualified by APCHA and referred to law enforcement for
investigation and/or prosecution.
A disqualified APCHA owner must list his/her ownership unit for sale as specified in the deed
restriction within thirty (30) days of disqualification. A disqualified tenant’s lease shall be
terminated within 30 days of disqualification.
Disqualified persons may be denied future participation in the affordable housing program.
Mortgage fraud may be referred to FBI for investigation.
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Section 2. QUALIFICATION RULES
In addition to the information referred to above, applicants shall submit original picture IDs, affidavits
and signed legal documents, AND provide copies of all documents for APCHA files. Applicants shall be
charged for copies made in APCHA offices.
APCHA charges fees for application, bid submission, handling transactions, various filings and other
services provided. Fees are payable to City of Aspen upon submission of documents or as specified in
THESE REGULATIONS. See Appendix C for APCHA fees.
All APCHA application materials and documents shall remain confidential except as required by the
Colorado Open Records Act, C.R.S. 24-72-201, et seq.
A. Application and Qualification
1. Application for Rental Units
A rental applicant must submit all required information and fees after a rental unit is offered
to him/her and prior to signing a lease or occupying a unit. See Part V for rental policies and
procedures.
Rental applicants may sign up for an advertised unit at the APCHA office, or for rental of a unit
under private property management by contacting the manager or owner of an advertised
rental unit directly.
2. Application for Ownership Units
Persons desiring to acquire a deed restricted ownership unit in the APCHA inventory, including
category and RO units, must first submit to APCHA for approval a complete Qualification
Application and all other information required by APCHA to determine qualification. A bid FOR
A SPECIFIC OWNERSHIP UNIT may be submitted with the application or after approval of the
application (SEE SECTION X). Updated tax information is requested after January 31st and April
15th.
ALL PERSONS WHO MAY OCCUPY A UNIT, REGARDLESS OF MARITAL OR LEGAL STATUS, ARE
INCLUDED FOR THE PURPOSE OF DETERMINING THE CATEGORY OF THE HOUSEHOLD. TO BE
COUNTED FOR A BEDROOM, ALL MEMBERS OF THE HOUSEHOLD MUST LIVE IN THE UNIT. IF A
DEPENDENT FROM A DIVORCED/SEPARATED HOUSEHOLD, THE DEPENDENT MUST LIVE IN THE
UNIT AT LEAST 100 DAYS OUT OF THE YEAR. MARRIED PERSONS ARE CONSIDERED AS
MEMBERS OF A SINGLE HOUSEHOLD WHETHER THEY BOTH WILL OCCUPY THE UNIT OR NOT.
MARRIED COUPLES MAY SUBMIT ONLY ONE JOINT BID FOR A UNIT AND MAY NOT SUBMIT
SEPARATE BIDS.
A RETIRED INDIVIDUAL OR HOUSEHOLD WHO IS NOT A CURRENT OWNER OF A DEED
RESTRICTED UNIT IS NOT QUALIFIED TO PURCHASE APCHA HOUSING.
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B. Verification Documents
In order to determine that AN APPLICANT or household meets all of the applicable criteria, APCHA
must obtain specific documentation as follows:
1. Personal Identification Documents
Applicants must present original personal identification documents and provide copies for
APCHA records for approval, including the following:
• Photo ID: Valid Colorado driver license (RESTRICTED LICENSES, THOSE STATING “NOT
VALID FOR FEDERAL IDENTIFICATION, VOTING OR PUBLIC BENEFIT PURPOSE” ARE
NOT ACCEPTED), passport or state-issued photo ID card; and
• Proof of legal residency: Passport, Social Security Card, Permanent Resident Card.
2. Documents Verifying Employment/Work
APCHA qualification requires that applicants work full-time in Pitkin County as defined herein.
RO applicants must demonstrate that at least seventy-five percent (75%) of household income
is earned in Pitkin County.
• Applicants shall verify household income earned in Pitkin County by submitting copies
of complete federal and state tax returns, and W-2 or 1099 forms.
• Rental AND ownership applicants shall submit documents for two years preceding, or
more as required to establish priority.
a. Employed applicants
Applicants working for an employer shall submit at least the following:
• Copies of W-2s and/or 1099 forms for all employees in the household;
• Rental applicants for specific units shall provide W-2s and/or 1099 forms for the
number of years specified on the sign-up sheet;
• Copies of recent paycheck stubs to verify current employment and income; and
• APCHA Employment Verification form signed by employer(s).
b. Self-employed, employer, business owner applicants
A SELF-EMPLOYED, EMPLOYER, OR BUSINESS OWNER APPLICANT MUST WORK IN PITKIN
COUNTY A MINIMUM OF 1,500 HOURS PER CALENDAR YEAR AND EARN AT LEAST 75% OF
THEIR INCOME WITHIN PITKIN COUNTY, FROM SELLING THEIR GOODS AND SERVICES TO
INDIVIDUALS, BUSINESSES, OR INSTITUTIONAL OPERATIONS WITHIN PITKIN COUNTY. THEY
MUST DEMONSTRATE A PROFIT ON AN INCOME TAX RETURN FOR AT LEAST THREE OUT
OF THE LAST FIVE YEARS.
AN APPLICANT WHO IS SELF-EMPLOYED IN PITKIN COUNTY OR WHO WORKS FULL-TIME
WITHIN THE COUNTY FOR A BUSINESS OR INSTITUTION WHOSE PRINCIPAL PLACE OF
BUSINESS IS NOT LOCATED IN PITKIN COUNTY, MUST PROVIDE PROOF OF FULL-TIME
EMPLOYMENT AS FOLLOWS:
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Required Documentation:
• Copies of the most recently filed tax return, including federal and state returns and
all schedules and business tax returns SHOWING AN INCOME OF AT LEAST
$15,000;
• Copies of most recent W-2s (IF APPLICABLE) and or 1099s for all employment;
• Copies of paycheck stubs received, IF APPLICABLE;
• Current profit and loss statement where applicable; AND
• Verification of working or doing business in Pitkin County;
APCHA may require further documentation for proof of employment in Aspen or Pitkin
County. This documentation may include, but is not limited to, business and personal
banking records and utility bills, as well as:
• Proof of the location of a business in Aspen or Pitkin County and a copy of lease for
office space located in Aspen or Pitkin County, where applicable.
• PROOF OF OPERATING EXPENSES, SUCH AS: INSURANCE, TAX PAYMENTS, RENT,
UTILITIES, ETC.
• PROOF OF HOURS WORKED, SUCH AS, A COPY OF CURRENT DETAILED WORK LOG OR
APPOINTMENT BOOK FOR THE LAST YEAR SHOWING HOURS WORKED DAILY ON EACH
JOB OR APPOINTMENT, WITH CLIENTS’ NAMES AND LOCAL ADDRESSES. HOURS SPENT
IN ADMINISTRATIVE WORK SUCH AS MARKETING OR ACCOUNTING IN SUPPORT OF
BUSINESS, WILL COUNT TOWARD THE WORK-HOUR REQUIREMENT IF
DEMONSTRATED TO AND APPROVED BY APCHA.
• COPIES OF CLIENT INVOICES SHOWING HOURS ON A JOB AND/OR PAYMENT FOR
INVOICED WORK.
• CLIENT LIST PROVIDING NAMES, LOCAL TELEPHONE NUMBERS AND ADDRESSES,
DESCRIPTION OF TYPE OF WORK PERFORMED, AND APPROXIMATE HOURS SPENT
WORKING FOR A CLIENT IN THE YEAR.
• COPIES OF PERSONAL AND BUSINESS BANKING RECORDS.
• CITY OF ASPEN HOME OCCUPANCY LICENSE – IS REQUIRED FOR OFFICES LOCATED IN
RESIDENTIAL DWELLINGS. THE LICENSE IS TO ENSURE THAT THE HOME OCCUPATION
IS CLEARLY INCIDENTAL AND SECONDARY TO THE RESIDENTIAL CHARACTER OF THE
HOME.
• CITY OF ASPEN BUSINESS LICENSE – REQUIRED FOR ANY ENTITY DOING BUSINESS
WITHIN THE CITY LIMITS EITHER DIRECTLY OR INDIRECTLY; THIS INCLUDES BUSINESSES
MAKING RETAIL SALES AND BUSINESSES THAT PROVIDE SERVICES ONLY.
• COUNTY HOME OCCUPANCY – A LETTER CONFIRMING THAT YOU COMPLY WITH THE
COUNTY HOME OCCUPANCY REQUIREMENTS.
• BUSINESS PLAN
• OTHER DOCUMENTATION AS DEEMED NECESSARY.
c. Retired or Disabled former Pitkin County Employees
An individual who was a full-time employee/worker in Pitkin County for a minimum of four
years immediately prior to disability, or TEN YEARS IMMEDIATELY PRIOR TO retirement age
as defined in Part VIII of these REGULATIONS, shall be allowed to rent and/or own such
housing. QUALIFIED RETIREES CURRENTLY IN DEED-RESTRICTED HOUSING ARE EXEMPT
FROM THE TEN-YEAR REQUIREMENT.
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3. Verification of Qualified Household Size
The total number of persons in a household, including qualified adults and dependents (See
Definitions), are counted in determining the unit size for which an APCHA applicant may
qualify. The OCCUPANCY REQUIREMENT FOR ANY UNIT IS AT LEAST ONE PERSON PER
BEDROOM. FOR DEPENDENTS, PROOF OF CUSTOY IS REQUIRED. A dependent subject to a
custody order must live in the household a minimum of 100 days per year as demonstrated by
court documents or a notarized custody affidavit in order to qualify as a member of the
household.
When two households EACH OWN OR RENT DEED RESTRICTED UNITS AND CUSTODY IS
SHARED, ONE CUSTODIAN MAY ACQUIRE THE NUMBER OF BEDROOMS, INCLUDING ALL
DEPENDENTS, AND THE OTHER CUSTODIAN MAY ACQUIRE THE NUMBER OF BEDROOMS OF
ALL DEPENDENTS MINUS ONE.
If at the time of application a household is expecting the birth of a child OR ADOPTION, SUCH
CHILD WILL be counted as a member of the household upon APCHA’s receipt of a letter from
a doctor stating the due date OR ADOPTION DATE, and receipt of a custody order agreement
if applicable.
In establishing household size, all INDIVIDUALS WHO WILL BE OCCUPYING A UNIT REGARDLESS
OF LEGAL OR MARITAL STATUS shall be parties to OR NAMED IN the application and must
submit all verification documents.
4. Verification of Household Gross Income, Net Assets AND MINIMUM EARNED INCOME
The gross income and net assets of all members of a household shall be included in determining
QUALIFICATIONS AND category for which the household qualifies. Rental and ownership
applicants shall provide the required income and asset information for APCHA review and
approval as specified below.
See Table II for Maximum Gross Income and Net Assets per Household for rental and ownership
unit sizes and categories.
a. Income Verification
Applicants shall submit copies of their most recently filed tax returns, including federal and
state returns and all schedules and business tax returns. If applicants do not have copies
of their W2’s or tax returns, they must request and obtain earnings and tax information
from the Social Security Administration (SSA) or the IRS.
• ALL APPLICANTS SHALL SUBMIT REQUIRED TAX DOCUMENTS FOR THE PAST TWO
YEARS.
• ALL APPLICANTS MUST SUBMIT AN APCHA EMPLOYMENT VERIFICATION FORM
SIGNED BY THE APPLICANT’S EMPLOYER(S), IF REQUESTED BY APCHA.
b. MINIMUM EARNED INCOME
TO BE ELIGIBLE FOR APCHA RENTAL OR OWNERSHIP PROPERTIES, A YEARLY MINIMUM
EARNED INCOME MUST BE PROVEN. APCHA FOLLOWS THE IRS’ DEFINITION OF
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EARNED INCOME. RENTAL MINIMUM EARNED INCOME IS MINIMUM WAGE
MULTIPLIED BY 1500 HOURS WORKED. OWNERSHIP MINIMUM EARNED INCOME IS
$25,000 FOR 2019 AND WILL BE UPDATED ON A YEARLY BASIS.
c. Assets Verification
All assets and liabilities, including but not limited to real and personal property, shall be
considered in calculating the net assets of an applicant household. Applicants shall submit
current personal and/or business financial statement(s) for all household members,
including:
• Statements, records, receipts, appraisals and any documents evidencing the value
of all real and personal property and contract rights owned by the applicant and
members of the applicant household;
• Current appraisals or tax valuations of real property and related loan obligations;
• Documents verifying applicant and applicant household debts and obligations
pertinent to qualification including copies of all loan agreements and other
financial statements verifying financial obligations;
• Copy of court-approved temporary orders and final financial orders, including
maintenance, child support, and property settlements, and child custody orders
with exhibits and supplements; AND
• OTHER DOCUMENTATION AS DEEMED NECESSARY.
Assets that have been assigned, conveyed, transferred, or otherwise disposed of within the
previous two years for consideration below fair market value shall, for APCHA qualification
purposes, be valued at fair market value. Fair market value shall be established by a certified
appraiser approved by APCHA at the expense of applicant.
d. Income and Assets Exceptions
i. Income Variations Policy – Where there is a difference of twenty percent (20%) or
more between the HOUSEHOLD’S most recent two years of income, they shall be
averaged to establish the APCHA housing category for which the household is
qualified.
ii. Retiree Asset Policy – A QUALIFIED RETIREE (SEE DEFINITIONS) MAXIMUM NET ASSET
LIMIT IS one hundred fifty percent (150%) of the amount OTHERWISE APPLICABLE IN
THE RESPECTIVE CATEGORY.
e. TRUSTS
• APCHA PROVIDES HOUSING FOR TRUST BENEFICIARIES ON A VERY LIMITED BASIS.
APPLICANT’S SHARE OF THE TRUST ASSETS (TOTAL ASSETS/BENEFICIARIES) SHALL BE
INCLUDED WHEN CONSIDERING THE MAXIMUM NET ASSETS OF AN APPLICANT, AS
SEEN IN TABLE II. APCHA UNDERSTANDS THAT TRUST ASSETS MAY NOT BE CURRENTLY
OWNED BY THE APPLICANT BUT COUNTS THEM TOWARDS QUALIFICATION PURPOSES
AS THEY ARE RESOURCES THE APPLICANT MAY DRAW UPON EITHER CURRENTLY OR
IN THE FUTURE. EXCEPTIONS TO THIS POLICY FOR SPECIAL CIRCUMSTANCES (EG.
NEEDS BASED TRUSTS) MAY BE GRANTED AT THE DISCRETION OF THE APCHA BOARD.
• APPLICANTS WHO ARE THE BENEFICIARY OF A TRUST MUST SUBMIT:
o A FULL AND CURRENT EXECUTED COPY OF THE TRUST, INCLUDING ALL
AMENDMENTS.
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o ORIGINAL COPY OF SIGNED ATTORNEY OPINION LETTER FROM EITHER THE
ATTORNEY WHO DRAFTED THE TRUST OR ANOTHER ATTORNEY QUALIFIED TO
GIVE A LEGAL OPINION, CONFIRMING THE TOTAL ASSETS OF THE TRUST,
DATE/AMOUNT THE TRUST FULLY DISTRIBUTES TO THE APPLICANT, WHETHER
APPLICANT IS ALLOWED TO REQUEST DISTRIBUTIONS FROM THE TRUST AND
IF SO, UNDER WHAT CONDITIONS (I.E. HOUSING), AND TOTAL NUMBER OF
LIVING BENEFICIARIES OF THE TRUST.
o SIGNED 4506-T BY TRUSTEE OR AUTHORIZED SIGNER, AS ACCEPTABLE TO
APCHA AND THE IRS, ON BEHALF OF THE TRUST
o 2 MOST RECENT TAX RETURNS OF THE TRUST
o STATEMENTS AND APPRAISALS/DESCRIPTION FOR ALL ASSETS OF THE TRUST.
5. Restriction on Ownership of Other Real Property
In order to qualify and to remain qualified as a tenant or owner, a person may not own any
interest in improved real property or a mobile home (land and/or home) within the Ownership
Exclusion Zone. This includes any such interest held personally, THROUGH MARRIAGE, as a
shareholder or member of a corporation, or as a partner, a joint venture or a beneficiary of a
trust.
a. Ownership of Developed Property in Ownership Exclusion Zone (OEZ)
IN ORDER TO QUALIFY AND TO REMAIN QUALIFIED AS A TENANT OR OWNER, A PERSON,
A PERSON’S SPOUSE OR A MEMBER OF A PERSON’S HOUSEHOLD CANNOT OWN ANY
INTEREST IN IMPROVED REAL PROPERTY OR A MOBILE HOME (LAND AND/OR HOME)
WITHIN THE OEZ. THIS INCLUDES ANY SUCH INTEREST HELD PERSONALLY, AS A
SHAREHOLDER OR MEMBER OF A CORPORATION, OR AS A PARTNER , OR JOINT VENTURE,
OR A BENEFICIARY OF A TRUST. Where a tenant or owner acquires such property by
inheritance, such person shall be permitted 180 days from the date of acquisition to
transfer the property, after which time the tenant or owner shall be in violation of this
subsection 5. If the other developed property is one that is within the APCHA deed-
restricted program, THE PROPERTY MUST BE LISTED UPON CLOSING OR PRIOR TO CLOSING
OF ANY HOME. ANY non-sale of the other property within 90 days requires the owner to
list the most recent purchased property.
Rental applicants may not own any OEZ property unless the property is under an active
sales contract or the applicant is party to a dissolution of marriage proceeding.
Ownership applicants shall:
• List any OEZ property for sale at a competitive, free market price immediately upon
closing, OR BEFORE, on the affording housing unit;
• Sell such property within 180 days upon closing on THE WORKFORCE housing unit;
• SUCH PROPERTY SHALL NOT BE ALLOWED TO BE PLACED INTO A TRUST,
REGARDLESS OF WHO THE BENEFICIARY IS, OR OTHER LEGAL ENTITY OR OTHER
BUSINESS ARRANGEMENT; AND
• Submit copies of closing documents TO APCHA verifying sale.
If OEZ property is not sold or disposed of at fair market value within 180 days of closing,
owner shall be disqualified, and his/her ownership unit shall be marketed and sold
according to the deed restriction.
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b. Ownership of Vacant Undeveloped Property in OEZ
Any unimproved real property owned by applicant (tenant or owner) in the OEZ must be
reported as an asset at appraised value. APCHA tenants and owners shall be permitted to
retain ownership of such property only as long as it remains unimproved.
c. Business Ownership of Deed Restricted Housing
An employer, as defined in Part VIII, who also owns a deed restricted unit is permitted to:
• Maintain ownership of a free-market unit but must record a deed restriction on
the property upon agreement with APCHA for such unit as a rental unit to be
available to the business owners’ qualified employees, or any qualified employee.
For purchase of a free market unit and conversion to deed restricted housing the following
requirements shall apply:
• Owner must inform APCHA that he/she has located a free market unit for purchase
for conversion and demonstrate employee needs to APCHA;
• Owner and APCHA agree to APCHA category and rental price for the unit; and
• Owner agrees to an APCHA-approved deed restriction for the unit of which must
be recorded in the County where the unit is located.
6. Current APCHA Tenant or Owner in Good Standing
A current APCHA tenant or owner applying to rent or purchase a different APCHA unit must be
in good standing under applicable lease terms and/or HOA policies, payment of HOA dues,
deed restrictions and these REGULATIONS, in addition to meeting all other requirements.
Prior to applying for a new rental unit or submitting a new bid for an ownership unit, applicants
shall submit to APCHA all documents verifying good standing as requested by APCHA.
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PART IV
APCHA RENTAL POLICIES
Section 1. Rental Priorities (APCHA Managed Properties)
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and/or
executing a lease.
For properties under APCHA management, priority is established according to the duration of
employment/work history; unless one of the following applies:
A. Emergency Workers
AN EMERGENCY WORKER IS AN INDIVIDUAL WHO HAS BEEN VERIFIED BY HIS OR HER DEPARTMENT
HEAD OR HUMAN RESOURCE OFFICER AS MEETING ONE OF THE FOLLOWING CRITERIA:
• A CAREER OR A VOLUNTEER ON-CALL FOR LAW, FIRE, EMS, OR MOUNTAIN RESCUE, OR
• EMERGENCY DISPATCH STAFF, OR
• ON-CALL RESPONDER THAT PROVIDES EMERGENCY CARE TO VICTIMS ON SITE WHO HAVE ON-
CALL SHIFTS OF A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-GOING BASIS
THROUGHOUT THE CALENDAR YEAR, OR
• EMERGENCY MEDICAL PERSONNEL WITH AN ON-CALL RESPONSE TIME OF 30 MINUTES OR LESS
AND WHO ARE SCHEDULED A MINIMUM OF 8HOURS/14 DAYS A MONTH ON AN ON-GOING
BASIS THROUGHOUT THE CALENDAR YEAR.
B. Mobility-disabled Applicants
A qualified mobility-disabled employee (See Definitions) shall have first priority in renting or
purchasing a mobility-disability, Type A, APCHA unit if all other criteria are met (i.e., category,
minimum occupancy).
C. Senior Applicants (applies only to Aspen Country Inn)
Qualified seniors shall have rental priority for senior-designated units at the Aspen Country Inn. A
qualified senior is someone who reaches the age of 65 or older as stated in Part VIII, Definitions,
who is working in Pitkin County at the time of application or who has worked in Pitkin County full
time (at least 1500 hours per year) for 10 years immediately prior to retirement or later. Second
priority is granted to qualified applicants age 55 to 64, working full time in Pitkin County at the time
of application. Seniors must meet all other qualification requirements.
Section 2. Rental Procedures
Available rental units may be advertised by the private sector property owners. Properties managed by
APCHA are listed at www.apcha.org.
A. Rental Units under APCHA Management
AVAILABLE UNITS MANAGED BY APCHA WILL BE ADVERTISED ON APCHA’S WEBSITE. INTERESTED
applicants must sign up to be considered for an APCHA-advertised UNIT in the APCHA OR TRUSCOTT
offices DURING THE TIME FRAME INDICATED ON THE ADVERTISEMENT. INTERESTED PARTIES MUST,
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FOR APCHA-MANAGED UNITS, HAVE A WORK HISTORY VERIFICATION FORM ON FILE WITH APCHA
PRIOR TO SIGNING UP FOR ANY UNIT.
B. Rental Units under Private Sector Property Management
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and
PRIOR TO executing a lease. Private owners and property management companies manage most
of the deed restricted rental units in the city and county. Available rentals under private control
are advertised separately from APCHA listings and each such owner or property manager may
follow a different rental procedure.
Applicants for rental of a WORKFORCE housing unit under private property management shall first
inquire with the property manager or owner regarding availability of a unit and after being offered
such unit, shall apply and qualify through the APCHA office.
C. ADU and CDU Rental by Preference of Owner
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and
PRIOR TO executing a lease. Tenants of Accessory Dwelling Units (ADU, located in the city) or
Caretaker Dwelling Units (CDU, located in the county) are subject to APCHA rental qualification
requirements. The owner of any such unit shall be permitted to choose his/her APCHA-qualified
tenant.
D. Seasonal Rentals
All tenants for deed restricted rental units must qualify through APCHA prior to moving in and
PRIOR TO executing a lease. Persons working in the city or county at least thirty (30) hours per
week during the winter months (November-April) OR DURING THE SUMMER MONTHS (MAY-
SEPTEMBER) shall be eligible for rental of APCHA seasonal rental units at designated properties. A
seasonal employee/worker, student, intern or faculty member must submit an APCHA Seasonal
Rental Application and additional documents as required, unless the unit is occupied by students
and/or faculty of the Music Associates of Aspen (MAA). These properties include, but may not be
limited to, Marolt Ranch, Burlingame Ranch Seasonal Housing, designated dormitory-type units
located at Aspen Highlands Village.
Section 3: Requalification and Retiring in APCHA Rental Housing
Tenants residing in deed restricted units shall be reviewed and verified at least every two years to
ensure that they continue to meet the requirements of the REGULATIONS, including but not limited
to:
• WORK FULL-TIME, 1,500 HOURS PER CALENDAR YEAR IN PITKIN COUNTY OR FOR
A PITKIN COUNTY EMPLOYER AND EARN AT LEAST 75% OF HOUSEHOLD TOTAL
INCOME IN PITKIN COUNTY;
• OCCUPY APCHA UNIT AS A PRIMARY RESIDENCE AND OCCUPY THE UNIT AT LEAST
NINE MONTHS PER CALENDAR YEAR;
• OWN NO OTHER DEVELOPED RESIDENTIAL PROPERTY WITHIN THE OWNERSHIP
EXCLUSION ZONE (OEZ) IN ACCORDANCE WITH SECTION . . . . . ;
• MEET THE APPLICABLE INCOME AND ASSET LIMITS; AND
• SATISFY ALL OTHER APPLICABLE REQUIREMENTS OF THESE REGULATIONS.
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Tenants residing in deed restricted housing who retire upon reaching retirement age must continue
to MEET ALL OTHER REQUIREMENTS BESIDES THE FULL-TIME WORK REQUIREMENT OF THESE
REGULATIONS
APCHA does not guarantee the availability of a WORKFORCE housing unit to the applicant. APCHA
may deny access to deed restricted housing to any applicant whom APCHA finds would pose a risk
to the use and enjoyment of deed restricted housing to other qualified persons, or whose record as
an occupant of deed restricted housing otherwise justifies a conclusion by APCHA that it would be in
the best interests of APCHA to reject the application. In making any determination under this
provision APCHA shall consider among other things, the applicant’s criminal record, past non-
compliance under any prior leases, and past relationships with APCHA.
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TABLE VIII
MAXIMUM ANNUAL APCHA ADJUSTMENT
Year Rate Adjustment Year Rate Adjustment
1978-1982 0.0% 2009 0.7%
1983 6.6% 2010 2.3%
1984 5.0% 2011 1.3%
1985 3.3% 2012 3.0%
1986-1988 0.0% 2013 1.7%
1989 4.7% 2014 1.1%
1990 3.0% 2015 1.1%
1991 0.0% 2016 0.1%
1992 2.0% 2017 1.5%
1993 1.2% 2018 2.3%
1994 1.0% 2019 2.2%
1995 1.1%
1996 0.99%
1997 1.31%
1998 0.73%
1999 0.54%
2000 1.08%
2001 1.40%
2002 1.63%
2003 2.15%
2004 1.6%
2005 3.0%
2006 3.0%
2007 1.7%
2008 3.0%
The increase is based on the lesser of the percentage change in the Consumer Price Index (Urban Wage
Earners) from November of one year to November of the following year, or 3%, whichever is less. The
index increased at the rate of 2.2% from November 2017 to November 2018; therefore, the annual increase
in 2019 is 2.2%. Please contact the APCHA for the actual maximum rental rates available and/or the
maximum rental rates for a specific deed-restricted property.
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PART V
APCHA PURCHASE, SALE AND CAPITAL IMPROVEMENT REQUIREMENTS
Section 1. Application and Qualification to Purchase Affordable Housing
Applicants for ownership of deed restricted units must apply by submitting an APCHA Qualification
Packet AND PRICE BID with copies of those documents demonstrating qualification, and all applicable
fees. Applicants are advised to apply and qualify in advance of submitting a bid for an ownership unit
with a lender. However, bids may be submitted with the application documents. All applicants must
HAVE a Certificate of Completion of the Home Buyer On-Line Education Program and review. The
options can be found on APCHA’s website, https://www.apcha.org/223/Homebuyer-Education.
APCHA MAY REQUIRE ADDITIONAL INFORMATION AS IT DEEMS NECESSARY.
Bids are prioritized by APCHA according to the qualification criteria stated in Part IV for eligibility and
qualification.
Section 2. Bid Process
Qualified ownership applicants shall submit PRICE bids to APCHA on a Bid Submission form during the
bid period with the applicable fee WITHIN THE REQUIRED TIME PERIOD.
A. Bid Period
The initial bid period is usually two weeks (an exception would be in-complex bids; see Section C.2
below. If no bids are received for a unit during the initial bid period, advertisement of the listed unit
shall continue until the unit is sold or the listing is withdrawn.
B. Bid Submission
Only qualified APCHA applicants may submit bids on ownership units. Bids at a price higher than the
listed sale price, which is ordinarily the maximum sales price permitted by the Deed Restriction, shall
not be accepted. If otherwise qualified, ownership applicants may be permitted to bid for a unit in
THEIR CATEGORY OR ONE CATEGORY higher. Bidding in a lower category is not permitted.
AN APPLICANT IS ALLOWED TO HAVE ONE OWNERSHIP QUALIFICATION PACKET ON FILE WITH
APCHA AT ANY GIVEN TIME.
A member of a currently qualified APCHA household, WHETHER ON THE DEED OR NOT, may not bid
on another unit separately from his/her household unless legal verification of separation or divorce
is submitted (if married) or a sworn statement of separation that is notarized is submitted (if
unmarried) to APCHA in advance of bidding. Documentation of separated assets and income must be
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provided in advance of bidding. At the end of the bid period, bids at the listed sale price that meet all
top priority criteria are considered first and are placed into a lottery.
C. Bid Priority
1. Transfers Outside the Bid Process
Certain transfers as described in these REGULATIONS are not required to go through the bid
process and lottery. Such transfers shall be made in accordance with the applicable Deed
Restriction and APCHA approval at the maximum sale price determined in accordance with the
Deed Restriction. TRANSFERS OUTSIDE THE BID PROCESS ARE NOT ALLOWED IF UNDER A
COMPLIANCE INVESTIGATION OR OUT OF COMPLIANCE WITH THE DEED RESTRICTION OR
APCHA REGULATIONS.
ELIGIBLE TRANSFEREES INCLUDE:
• TRANSFERS TO SPOUSE, CHILD OR SIBLING (OWNER REMAINING ON DEED; ADDING
AN OWNER)
a. THE INDIVIDUAL TO BE ADDED TO THE DEED MUST BE AN IMMEDIATE FAMILY
MEMBER, AS DEFINED IN THESE REGULATIONS AND MUST BE QUALIFIED BY
APCHA PRIOR TO THEIR NAME BEING ADDED TO THE DEED.
• A QUALIFIED SPOUSE, AND/OR CHILD DOES NOT HAVE TO MEET THE INCOME
AND ASSET REQUIREMENTS (CATEGORY) FOR THE UNIT. IN ORDER FOR A
SPOUSE TO BE ADDED TO A DEED, APCHA WILL REQUIRE PROOF OF MARRIAGE.
• THE ADDITION OF A SIBLING IS PERMITTED; HOWEVER, THE SIBLING MUST
QUALIFY FULLY UNDER THAT SPECIFIC CATEGORY. A QUALIFIED SIBLING DOES
NOT HAVE TO MEET THE INCOME AND ASSET REQUIREMENTS (CATEGORY) FOR
THE UNIT. HOWEVER, THEY MUST HAVE A WORK HISTORY OF AT LEAST 10 YEARS
IN PITKIN COUNTY PRIOR TO THE REQUEST TO BE ADDED.
b. ALL TRANSFERS WITHIN IMMEDIATE FAMILY TO A QUALIFIED BUYER REQUIRE A
$1,000.00 TRANSFER FEE.
c. A NEW DEED RESTRICTION WILL BE REQUIRED TO BE PLACED ON THE PROPERTY
DURING THE TRANSFER PROCESS.
TRANSFERS TO CHILD, SIBLING OR PARENT (REMOVING OWNER FROM DEED; ADDING NEW
OWNER):
a. THE INDIVIDUAL TO TAKE OVER THE DEED MUST BE QUALIFIED BY APCHA PRIOR TO
THEIR NAME BEING ADDED TO THE QUITCLAIM DEED OR OTHER METHODS OF BEING
ADDED AS AN OWNER.
• A QUALIFIED CHILD DOES HAVE TO MEET THE CATEGORY FOR THE UNIT. A
QUALIFIED CHILD MUST MEET THE MINIMUM OCCUPANCY REQUIREMENT MINUS
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ONE. IN ORDER FOR A CHILD TO ADD THEIR SPOUSE TO THE DEED AND TITLE,
PROOF OF MARRIAGE IS REQUIRED. IN ORDER FOR A SPOUSE TO BE ADDED TO A
QUITCLAIM DEED, APCHA WILL REQUIRE PROOF OF MARRIAGE.
• A TRANSFER BETWEEN SIBLINGS IS PERMITTED; HOWEVER, THE PERSON WHO IS
GAINING OWNERSHIP BY A TRANSFER BETWEEN A FAMILY MEMBER (AS DEFINED
IN THESE REGULATIONS) MUST QUALIFY FULLY UNDER THAT SPECIFIC CATEGORY,
INCLUDING MINIMUM OCCUPANCY.
o THE SIBLING MUST QUALIFY UNDER ALL APCHA REQUIREMENTS
INCLUDING/BUT NOT LIMITED TO:
1) MINIMUM OCCUPANCY
2) QUALIFY UNDER THE UNIT’S CATEGORY
3) WORK HISTORY OF AT LEAST 10 YEARS IN PITKIN COUNTY IMMEDIATELY
PRIOR TO THE REQUEST FOR A TRANSFER.
b. ALL TRANSFERS WITHIN IMMEDIATE FAMILY TO A QUALIFIED BUYER REQUIRE A
TRANSFER FEE DETERMINED ADMINISTRATIVELY.
c. THE QUALIFIED BUYER(S) IS ALSO REQUIRED TO ENTER INTO A NEW DEED
RESTRICTION DURING THE TRANSFER PROCESS.
TRANSFERS OUTSIDE THE IMMEDIATE FAMILY
• TRANSFERS OUTSIDE OF THE IMMEDIATE FAMILY ARE NOT ALLOWED. A NAME CAN
ONLY BE REMOVED FROM A DEED AFTER FOUR YEARS OF CONSECUTIVE OWNERSHIP,
UNLESS THERE IS A COURT ORDER THAT DICTATES OTHERWISE.
ANY OTHER CHANGE IN OWNERSHIP INTEREST MUST BE APPROVED BY THE HEARING OFFICER
IF NOT UNDER A COURT ORDER DUE TO DISSOLUTION PROCEDURES AND SOLD TO A
QUALIFIED EMPLOYEE.
2. In-complex Priority
An in-complex bid is one made by a current owner who has owned and resided for at least one
year in a unit in the same affordable housing complex or development as the listed unit. In-
complex applicants must meet all APCHA requirements for the new unit, including minimum
occupancy, and the in-complex applicant’s current home must be listed within 30 days of
closing and sold within 180 days after closing. [An in-complex bid by an owner who has owned
a unit for less than one year whose household meets all the requirements of a top priority bid,
shall be classified as a second priority in-complex bid.] In-complex bids submitted during the
first week of the initial bid period shall have first priority over all other bids except transfers to
a co-owner, and shall not be subject to lottery, unless more than one in-complex bid has been
submitted. In-complex bids placed after the first week of the initial bid period shall be
processed and prioritized like all other first priority bids.
In multi-phase affordable housing projects under construction, an APCHA owner who owns a
newly constructed deed-restricted unit shall have in-complex priority in bidding on units within
the same construction phase of the project, but not have in-complex priority in later phases of
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the project until all phases are complete. The in-complex priority does not exist for newly
constructed affordable housing units (resales only). ONCE THE MULTI-PHASE PROJECT IS
COMPLETED, THE STANDARD IN-COMPLEX BID PROCESS APPLIES.
Multiple priority bids from applicants with one year or more of ownership shall be decided by
lottery. IN ALL CASES OF IN-COMPLEX PRIORITY, THE SUCCESSFUL APPLICANT’S PRESENTLY-
OWNED PROPERTY MUST BECOME AVAILABLE THROUGH THE LOTTERY SYSTEM WITHIN 30 DAYS
AFTER CLOSING OF THE PURCHASE OF THE NEWLY ACQUIRED UNIT.
Two or more bids submitted at the listed sale price shall be prioritized according to
employment history and/or other criteria as described below. A lottery shall be held for
applicants meeting all APCHA top priority criteria. ALL NEW PROJECTS REQUIRE A LOTTERY TO
BE HELD FOR ALL TOP PRIORITY APPLICANTS AS STATED IN TABLE IX (UNLESS THE APPLICANT
WAS CHOSEN ACCORDING TO PART III, SECTION 6.C.3).
3. Mobility Disabled Applicants
Under city and county land use regulations and building codes, and ADA regulations, a certain
percentage of APCHA ownership units are constructed or designed to be modified to meet the
needs of persons with mobility disability (Type A units). Applicants with mobility disability and
meeting all other applicable APCHA requirements shall have priority over in-complex bids for
units specified for mobility disability preference only. Mobility-disability bids are accepted only
at the listed sale price. Two or more top priority qualified bids of mobility disability applicants
shall be decided by lottery.
4. Emergency Workers
AN EMERGENCY WORKER IS AN INDIVIDUAL WHO HAS BEEN VERIFIED BY HIS OR HER
DEPARTMENT HEAD OR HUMAN RESOURCE OFFICER AS MEETING ONE OF THE FOLLOWING
CRITERIA:
• A CAREER OR A VOLUNTEER ON-CALL FOR LAW, FIRE, EMS, OR MOUNTAIN RESCUE, OR
• EMERGENCY DISPATCH STAFF, OR
• ON-CALL RESPONDER THAT PROVIDES EMERGENCY CARE TO VICTIMS ON SITE WHO HAVE
ON-CALL SHIFTS OF A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-GOING BASIS
THROUGHOUT THE CALENDAR YEAR, OR
• EMERGENCY MEDICAL PERSONNEL WITH AN ON-CALL RESPONSE TIME OF 30 MINUTES OR
LESS AND WHO ARE SCHEDULED A MINIMUM OF 8 HOURS/14 DAYS A MONTH ON AN ON-
GOING BASIS THROUGHOUT THE CALENDAR YEAR.
The individual who has been in service to the community within Pitkin County for at least one
year may be given credit for four years of employment in Pitkin County, with a maximum of 5
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chances in a lottery. All other criteria must be met; i.e., minimum occupancy, category, non-
ownership of residential property within the OEZ. All such persons are required to maintain
such employment until the completion of four years of service after acquiring the unit. If any
such person leaves the emergency status position before that time, he or she is required to list
the unit for sale in accordance with the deed restriction. SUCH EMERGENCY WORKER MUST
WORK IN PITKIN COUNTY FOR AT LEAST 8 YEARS TO OBTAIN AN EXTRA CHANCE IN THE
LOTTERY.
5. Local High School Graduates
Applicants who have graduated from a local high school located within the OEZ will be given
credit for four years of employment in Pitkin County upon proof of the following:
• Diploma from the local high school; and
• At least one parent employed full-time in Pitkin County at time of graduation and
at least four years prior to said graduation; and
• Present full-time employment in Pitkin County immediately following an absence
of less than 5 years.
6. Employment/Work History Priority
PRICE bids at the listed sale price are prioritized according to qualified applicant
employment/work history. Applicants with a minimum of four consecutive years of
employment/work history receive highest priority. SEE TABLE ?? FOR CHANCES.
Priority bids are decided by lottery. If competing priority bids are not submitted, if priority bidders
do not accept the unit, or if the priority bidders are unable to meet the requirements of the sales
contract, non-priority bids, if any, shall be accepted and decided by lottery. See Table IX for bid
priority per unit size and employment/work history.
Two or more bids submitted at the listed sale price shall be prioritized according to
employment history and/or other criteria as described below. A lottery shall be held for
applicants meeting all APCHA top priority criteria. ALL NEW PROJECTS REQUIRE A LOTTERY TO
BE HELD FOR ALL TOP PRIORITY APPLICANTS AS STATED IN TABLE IX (UNLESS THE APPLICANT
WAS CHOSEN ACCORDING TO PART III, SECTION 6.C.3).
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TABLE IX
APCHA BID PRIORITY PER EMPLOYMENT HISTORY & OCCUPANCY
Per Category and Household Size of Ownership Applicant
The following are the priorities among competing bids for each type of unit in the APCHA inventory:
Studio Units
1. A single person household with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
2. A household greater than one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
3. A household of any size with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
4. A household of any size with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
One-bedroom Units
1. A household of one or more qualified employees with four or more consecutive years of employment in
Pitkin County immediately prior to application for purchase.
2. A household of one or more qualified employees with one to four consecutive years of employment in
Pitkin County immediately prior to application for purchase.
3. A household of one or more qualified employees with less than one consecutive year of employment in
Pitkin County immediately prior to application.
Two-bedroom Units
1. A household of at least two qualified employees, or one qualified employee and one dependent, where at
least one qualified employee has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
2. A household of at least two qualified employees or one qualified employee and one dependent, where at
least one qualified employee has worked one to four consecutive years of employment in Pitkin County
immediately prior to application for purchase.
3. A household of at least two qualified employees or one qualified employee and one dependent where at
least one qualified employee has worked less than one consecutive year of employment in Pitkin County
immediately prior to application.
4. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
5. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
6. A household of one person with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
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Three-bedroom Units
1. A household of at least two qualified employees and one dependent, or one qualified employee with two
dependents, in which at least one qualified employee has four or more consecutive years of employment
in Pitkin County immediately prior to application for purchase.
2. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
3. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee(s) has worked less than one consecutive year of
employment in Pitkin County immediately prior to application.
4. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
5. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked one to four consecutive years of employment in Pitkin
County immediately prior to application for purchase.
6. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
7. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
8. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
9. A household of one person with less than four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
Four-bedroom Units
1. A household of at least two qualified employees and two dependents, or one qualified employee with
three dependents, in which at least one qualified employee(s), has four or more consecutive years of
employment in Pitkin County immediately prior to application for purchase.
2. A household of at least two qualified employees and two dependents, or one qualified employee and three
dependents, in which at least one qualified employee(s) has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
3. A household of at least two qualified employees and two dependents, or one qualified employee and three
dependents, in which at least one qualified employee(s)has worked less than one consecutive year of
employment in Pitkin County immediately prior to application.
4. A household of at least two qualified employees and one dependent, or one qualified employee with two
dependents, in which at least one qualified employee(s)has four or more consecutive years of employment
in Pitkin County immediately prior to application for purchase.
5. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which at least one qualified employee(s) has worked one to four consecutive years of
employment in Pitkin County immediately prior to application for purchase.
6. A household of at least two qualified employees and one dependent, or one qualified employee and two
dependents, in which said employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
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7. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
8. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked one to four consecutive years of employment in Pitkin
County immediately prior to application for purchase.
9. A household of at least two qualified employees, or one qualified employee and one dependent, in which
at least one qualified employee(s) has worked less than one consecutive year of employment in Pitkin
County immediately prior to application.
10. A household of one person with four or more consecutive years of employment in Pitkin County
immediately prior to application for purchase.
11. A household of one person with one to four years of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
12. A household of one person with less than one year of consecutive years of employment in Pitkin County
immediately prior to application for purchase.
Section 4. Lottery
The demand for affordable housing units typically result in competing bids of equal priority that are
decided by lottery. When necessary, a second lottery and succeeding lotteries may be conducted to
decide among succeeding bids of equal priority as specified in Table IX.
A. Lottery Chances
Priority bids are assigned a number of lottery chances according to length of consecutive
employment/work history. Should there be no first priority applicant, non-priority bids shall then
be assigned chances according to length of employment. Each chance represents a single entry of
the name in the lottery. In the event of equally qualified applicants, Table X, states the number of
lottery chances assigned according to consecutive employment within Pitkin County/Aspen.
TABLE X
NUMBER OF APCHA LOTTERY CHANCES FOR PRIORITY BIDS
Years employed/worked in Pitkin County Number of lottery chances
more than 4 years, less than 8 5
more than 8 years, less than 12 6
more than 12 years, less than 16 7
more than 16 years, less than 20 8
more than 20 years 9
B. Lottery Process
Lottery dates are specified in sale advertisements. Lotteries are usually scheduled to occur at noon
on the Monday following the end of a bid period (unless Monday falls on a holiday).
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1. Lottery Entry Verification
All priority bids shall be entered into the lottery with the applicable number of lottery chances.
To ensure that no qualified priority bid is excluded, names of applicants with priority bids in
the lottery shall be printed and verified by APCHA prior to running the lottery. APCHA post the
names of lottery entries ON THE WEBSITE BY 5:00 ON THE FRIDAY BEFORE THE LOTTERY.
2. Lottery Winners
IF THE LOTTERY WINNER’S QUALIFICATION PACKET IS OLDER THAN 30 DAYS AT THE TIME OF
WINNING THE LOTTERY, THE HOUSEHOLD WILL HAVE 48 HOURS TO SUBMIT NEW
INFORMATION TO APCHA FOR CONFIRMATION OF EMPLOYMENT AND CATEGORY. APCHA shall
have the authority to disqualify a winner if such person’s qualifications cannot be verified or if
they are incomplete or inaccurate.
If purchase by the first-place lottery winner does not occur for any reason, the second-place
lottery winner shall be offered the opportunity to purchase the unit, and SO ON THROUGH THE
LIST.
Section 5. Sales Contract
A. Legal Counsel
APCHA does not provide legal advice to purchasers or sellers. Purchasers and sellers of deed
restricted units are advised to consult legal counsel regarding contracts, financial agreements, deed
restrictions, title documents, condominium declarations and covenants, HOA policies including
Capital Reserves policies, and any other legal matters pertaining to a sale. Buyers and sellers
retaining professional services related to purchase or sale shall do so at their own expense.
B. Three-day Contract Negotiation Period
A qualified buyer with a winning bid must sign an APCHA approved sales contract stating all terms of
the proposed purchase WITHIN three (3) business days after the holding of the lottery. APCHA shall
present the contract to THE seller for REVIEW AND execution.
If negotiations fail before a contract is signed, or if a contract fails before closing, the unit shall be
offered to the second-place lottery bidder at which time a new negotiation period shall commence.
A. Deed Restriction Agreement
At closing, the Buyer signs a memorandum of acceptance or deed restriction agreement, whichever
is applicable. Said document will be recorded with the Pitkin County Clerk and Recorder along with
the deed and other pertinent closing documents.
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B. Co-signers
All parties to a sales transaction shall sign the closing documents as required. A person who is not
APCHA-qualified but who will co-sign a financial agreement related to the purchase of an affordable
housing unit must sign a Non-qualified Co-owner Affidavit stating he/she shall not occupy the unit
and shall release the unit for resale by APCHA should the resident owner no longer be in
compliance.
Section 7. Sale of an Ownership Unit / Listing a Unit for Sale
Unless otherwise stated in A UNIT’S deed restrictions, APCHA units shall be listed for sale through APCHA.
All aspects of THE sale shall be managed by APCHA in accordance with these REGULATIONS. APCHA acts
as A Transaction Broker representing both buyer and seller and shall represent both parties fairly. The
parties may seek legal counsel at their own expense.
A. Listing Agreement
Sellers must sign a Listing Agreement with APCHA establishing sale procedures and terms, including
fees.
B. SALES Fee
A SALES FEE IS EQUAL TO TWO PERCENT (2%) OF THE SALE’S PRICE OF THE PROPERTY, UNLESS
OTHERWISE SPECIFIED IN THE DEED RESTRICTION, IS PAYABLE TO APCHA. SEVEN HUNDRED AND
FIFTY DOLLARS ($750) OF THE SALES FEE WILL BE COLLECTED BY APCHA AT THE TIME OF THE
LISTING. THE REMAINING BALANCE WILL BE COLLECTED AT TIME OF CLOSING FROM SELLER’S
PROCEEDS. IN THE EVENT THAT THE SELLER: A) FAILS TO COMPLY WITH THE LISTING CONTRACT;
B) REJECTS ALL OFFERS AT MAXIMUM PRICE IN CASH OR CASH-EQUIVALENT TERMS; OR C)
WITHDRAWS THE LISTING AFTER ADVERTISING HAS COMMENCED, THAT PORTION OF THE SALES
FEE PAID AT LISTING WILL NOT BE REFUNDED.
C. Minimum Standards for Maximum Sale Price
APCHA owners and buyers shall be provided a checklist of Minimum Standards for a sale at
Maximum Sale Price, including, but not limited to:
• THIRD PARTY INSPECTION REPORT
• Clean, odor-free interior;
• Carpets professionally steam-cleaned ONCE THE UNIT IS ENTIRELY EMPTY AT LEAST two
(2) days PRIOR TO closing;
• VISIBLE MARKS AND holes in doors, floors, walls, woodwork, cabinets, counter tops, other
than normal wear and tear, SHALL BE repaired;
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• Walls in good repair and paint-ready;
• Windows and window locks in good repair; broken panes replaced;
• Window screens in place and in good repair;
• Doors and door locks in good repair; working keys for all locks at closing;
• Light fixtures, outlets, switches secure and in SAFE working order;
• Plumbing in good repair with no leaks;
• Tile grout in good repair and clean;
• Roof in good repair with no leaks (if UNIT is a single-family); and
• Safety hazards resolved
1. Mitigation of Repairs
APCHA shall conduct a cursory inspection pointing out items that may show up in an inspection
report; however, APCHA’s inspection does not take the place of the inspection done by an
expert.
If a unit does not meet minimum standards, APCHA may, at its discretion, require that the cost
of necessary repairs be deducted from the closing sale price, or that seller place into escrow
the funds necessary to ensure satisfactory repairs. Any escrow balance remaining after
necessary repairs are satisfactorily made shall be returned to seller.
Section 8. Resident -occupied (RO) Unit Sale Policies and Procedures
RO units are subject to deed restrictions applicable to the unit as approved by APCHA and recorded in
the real property records, and to the REGULATIONS.
Unless otherwise specified in applicable deed restrictions, prospective owners must meet and maintain
APCHA qualifications, including employment/work, residency and occupancy requirements. Maximum
household income requirements are waived for RO ownership, and a maximum household net asset
limit applies only to qualification to purchase a RO unit. SEE SECTION ?
The sale AND QUALIFICATION of a RO unit may be subject to additional requirements as specified in
the applicable Deed Restriction. For example, Williams Ranch includes ten (10) “RO Category 5” units,
for which APCHA qualification is limited to DIFFERENT gross income AND NET ASSETS per household.
If a vacant lot is purchased for RO unit development for a qualified buyer, a Certificate of Occupancy
must be obtained within three years of the sale of the lot or owner shall be deemed out of compliance
AND WILL BE REQUIRED TO LIST THE PROPERTY FOR SALE IMMEDIATELY.
A. Sale Managed according to Deed Restrictions and REGULATIONS
EVEN WHEN A RO UNIT IS NOT REQUIRED TO BE LISTED WITH APCHA, APCHA WILL QUALIFY
PROSPECTIVE PURCHASERS (UNDER APCHA QUALIFICATIONS). ANY RESALES OF RO UNITS SOLD
THROUGH APCHA WILL BE MARKETED THROUGH THE SAME PROCESS AS THE CATEGORY UNITS,
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UNLESS SPECIFIED OTHERWISE IN THE APPLICABLE DEED RESTRICTION. THE SELLER IS REQUIRED TO
PAY THE SALES FEE WHICH IS EQUAL TO TWO PERCENT (2%) OF THE SALE’S PRICE OF THE PROPERTY,
UNLESS OTHERWISE SPECIFIED IN THE DEED RESTRICTION. SEVEN HUNDRED AND FIFTY DOLLARS
($750) OF THE SALES FEE WILL BE COLLECTED BY APCHA AT THE TIME OF LISTING WITH THE BALANCE
TO BE PAID AT CLOSING FROM THE SELLER’S PROCEEDS.
B. RO Maximum Sale Price
Unless otherwise specified in applicable deed restrictions, any sale of a RO unit after the initial sale
shall be subject to a maximum sale price calculated as follows (value of “sweat equity” shall NOT be
included):
• Initial purchase price of the RO unit or lot;
• Plus three percent (3%) simple appreciation for each year owned by Seller, or a
multiple of the Consumer Price Index (CPI) between date of purchase and date of
listing, whichever is less (some RO units appreciation at 4% or 3% per year – see specific
deed restriction);
• Plus actual cost at present value of construction of the RO unit on the lot, plus 3% or a
multiple of the CPI of that amount, whichever is less, from the date of issuan ce of a
Certificate of Occupancy (CO);
• Plus actual cost and present value, if any, of construction to expand the RO unit to the
maximum net livable square footage of 2,200 square feet, plus 3% or a multiple of the
CPI, whichever is less, from the date of issuance of a CO of the expansion;
• Plus actual cost at present value, of approved, permitted capital improvements, not to
exceed ten percent (10%) of initial sale price of the completed unit, less depreciation;
• Plus actual cost at present value of approved exempt capital improvements required
to meet health and safety standards.
If deed restrictions specific to the unit permit, a mobile home converted to a RO unit by an APCHA-
qualified owner shall not be subject to an appreciation cap (except for units within the Woody
Creek Park Subdivision).
Section 9. Foreclosures
If set forth in the applicable Deed Restrictions, a Unit sold at a foreclosure sale or acquired by any
person or entity in lieu of foreclosure, APCHA has the option to acquire such Property within thirty (30)
days after:
• the issuance of a confirmation deed to the purchaser; or
• receipt by the APCHA of written notice from such person or entity of the acquisition of such
property in lieu of foreclosure, as applicable, for an option price not to exceed:
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(a) in the event of a foreclosure, the redemption price on the last day of all statutory redemption
periods and any additional reasonable costs incurred by the holder during the option period which
are directly related to the foreclosure or
(b) in the event of a transfer in lieu of foreclosure, the amount paid, or the amount of debt forgiven,
by the transferee plus the reasonable costs incurred by the transferee with respect to its acquisition
of such Property or Unit. Notwithstanding any provision herein to the contrary, except for persons
or entities having a valid lien on a Property.
If any such person or entity is not a fully Qualified Buyer (top priority) and acquires an interest in such
Property or Unit in a foreclosure sale or in lieu of foreclosure, such person must list the property for
sale as stated in the deed restriction. The terms of the deed restriction remain in full force and effect
with respect to the property until modified, amended or terminated.
Only fully Qualified Buyers (top priority) may acquire an interest in a Property at a foreclosure sale or
in lieu of foreclosure UNLESS APCHA OPTS TO EXERCISE ITS RIGHT-OF-FIRST REFUSAL TO PURCHASE
SUCH UNIT. If any person or entity having a lien on a Property is not a fully Qualified Buyer (top priority)
and acquires an interest in such Property or Unit in a foreclosure sale or in lieu of foreclosure, the
owner shall list the home for sale as stated in the deed restriction. The APCHA still has the right-of-first-
refusal within 30 days upon the Qualified Buyer obtaining the confirmation deed.
In the event that APCHA or the Board, as the designee of the APCHA, exercise the option described
above, the APCHA and/or its designee, may sell the Property to Qualified Buyers as that term is defined
herein, or rent the Property to qualified tenants who meet the income, occupancy and all other
qualifications, established by these REGULATIONS until a sale to a qualified buyer is affected.
It is APCHA’s policy to purchase the property at the foreclosure sale on the Courthouse steps; however,
APCHA may still exercise the option of purchasing the property within 30 days of the Certificate of Purchase
to the buyer on the Courthouse steps.
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PART VI
MAINTAINING ELIGIBILITY, SPECIAL REVIEW, COMPLIANCE
AND GRIEVANCE POLICIES
Section 1. Maintaining Eligibili ty
APCHA tenants and owners OF DEED RESTRICTED UNITS must maintain the requirements for tenancy
and ownership in good standing as described below UNLESS OTHERWISE REQUIRED IN THE DEED
RESTRICTION.
A. Rental - Requalification every Two Years/Tenant Responsibilities
Every tenant, whether the unit is under APCHA or private sector property management, is required
to re-qualify with APCHA at least every two years and verify continuous full-time employment/work
in the county; primary residency of at least nine months per year; no ownership of developed
residential property in the OEZ; and not exceeding the income and asset limits for that specific
category unit. Requalification requires submission of APCHA forms, verification documents and other
information as requested, along with a Requalification Fee.
A re-qualifying tenant receiving unemployment benefits must meet the full-time work requirement
of 1500 hours per calendar year AND MEET THE EARNED INCOME MINIMUMS.
An APCHA tenant under review for non-compliance shall not be eligible for requalification and shall
not be permitted to renew his/her lease until compliance issues are resolved.
• At least thirty (30) days prior to the end of the TWO-YEAR qualification period, the landlord
of an affordable housing rental unit, whether APCHA or a private sector property manager,
shall notify tenants in writing of the requirement to re-qualify. An APCHA Rental
Qualification Form shall accompany the notice.
• APCHA must approve new leases for affordable housing rental units before the lease is
signed and prior to occupancy.
• Tenants and Owners must submit copies of the executed leases to APCHA.
• When re-qualifying, maximum gross income shall be adjusted to twenty percent (20%) of
the amount regularly applicable in the respective category. THIS ADJUSTED MAXIMUM
GROSS INCOME WILL ONLY BE USED WHEN THE COMPOSITION OF THE ENTIRE UNIT IS
THE SAME; IT DOES NOT APPLY IF THERE ARE CHANGES TO TENANTS.
• If income or asset limits are exceeded, the tenant will be given one year to come back into
compliance or to vacate the leased premises. A tenant who has entered into the bidding
process to purchase a deed-restricted unit and/or is looking for other rental opportunities,
may reside in the unit for one additional year.
• Tenants and property managers/landlords shall comply with all lease terms AND the deed
restriction. Breach of and/or non-compliance with a lease agreement, deed restriction
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and/or REGULATIONS shall be deemed a violation resulting in compliance proceedings,
PAYMENT OF FINES, and could disqualify the tenant from future participation in the APCHA
program.
B. Ownership – Affidavits and Audits
AFTER ACQUISITION OF A DEED RESTRICTED UNIT, QUALIFIED Owners are not required to maintain
household gross income and net asset limitations, or to meet minimum occupancy requirements,
but shall be required to maintain all other APCHA qualification (SEE SECTION ???) APCHA will
require all owners to complete and sign a Requalification Affidavit on a bi-ENNIAL (BI-yearly) basis.
APCHA has the right to request additional documentation through an audit or follow up on a
complaint AT ANY TIME TO CONFIRM COMPLIANCE WITH THE APCHA QUALIFICATION
REQUIREMENTS.
Failure to complete the requested forms and/or submit the requested documentation will result in
a Notice of Violation and appreciation will be terminated until the homeowner is brought back into
compliance. Such owners are prohibited from recouping the appreciation lost during the period of
non-compliance.
C. Death of Qualified Employee
1. Rental
Household members in occupancy at the time of a qualified tenant’s death shall be permitted
to continue to occupy the respective unit for the balance of the lease term. Subject to APCHA
approval, surviving household members may be permitted to continue occupancy beyond the
lease term if:
• The deceased qualified tenant had worked a minimum of TEN years WITHIN
PITKIN COUNTY and/or
• A remaining household member becomes an APCHA-qualified employee/worker
WITHIN SIX MONTHS.
IF OCCUPANTS OF AN APCHA OWNERSHIP UNIT BECOME INELIGIBLE OR DISQUALIFIED, SUCH
UNIT SHALL BE MARKETED AND SOLD ACCORDING TO THE DEED RESTRICTION.
2. Ownership
A. A qualified spouse and/or child IN OCCUPANCY AT THE TIME OF A QUALIFIED OWNER’S
DEATH does not have to meet the category for the unit nor the minimum occupancy
requirement. A relative in occupancy at the time of a qualified owner’s death shall be
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permitted to continue to occupy the respective unit only if the surviving relative is or
becomes APCHA-qualified within six months.
B. IF A DEPENDENT MINOR (UNDER AGE 18) IS THE SOLE SURVIING MEMBER OF A
HOUSEHOLD AND OPTS TO STAY IN THE UNIT AND IS: 1) ENROLLED FULL TIME IN AN
ACCREDITED LOWER OR HIGH SCHOOL PROGRAM NOT TO EXCEED FOUR YEARS; AND 2)
VERIFICATION OF EDUCATION ENROLLMENT IS SUBMITTED TO APCHA IN A TIMELY
MANNER, THEY WILL BE ALLOWED TO REMAIN IN THE UNIT. UPON THE COMPLETION OR
END OF A QUALIFYING EDUCATION PROGRAM, THE OCCUPANT HOUSEHOLD SHALL NOT
REMAIN ELIGIBLE FOR OWNERSHIP UNLESS THE RESPECTIVE STUDENT/DEPENDENT
RETURNS TO RESIDE AND WORK FULL-TIME IN THE COUNTY AND SUBMITS VERFIFICATION
DOCUMENTS AND OWNERSHIP APPLICATION PACKET TO APCHA WITHIN 30 DAYS OF
RETURNING TO RESIDENCE FULL TIME.
A LEGAL GUARDIAN OF THE DEPENDENT MINOR HAS THE RIGHT TO REMAIN IN THE UNIT
AS LONG AS THEY ARE A QUALIFIED EMPLOYEE.
If occupants of an APCHA ownership unit become ineligible or disqualified, such unit shall be
marketed and sold according to the deed restriction.
Section 2. Landlord Responsibilities -DEED RESTRICTED UNITS
A. ALL TENANTS MUST BE APPROVED BY APCHA PRIOR TO OCCUPANCY AND PRIOR TO EXECUTING A
LEASE. PROPERTY MANAGERS/LANDLORDS MAY NOT LEASE A UNIT UNTIL THEY RECEIVE
APPROVAL FROM APCHA.
B. PROPERTY MANAGERS/LANDLORDS MUST PROVIDE A COPY OF THE LEASE TO APCHA SHOWING
INCLUDING THE RENTAL AMOUNT WHICH IS LESS THAN OR EQUAL TO THE MAXIMUM RENT
ALLOWED PER THE DEED RESTRICTION AND REGULATIONS.
C. DEED RESTRICTED RENTAL UNITS MUST BE LEASED AND OCCUPIED AT ALL TIMES. THE MAXIMUM
PERIOD ALLOWED BETWEEN TENANCIES IS FORTY-FIVE (45) DAYS. THIS ALSO APPLIES TO A
VACANCY BY A ROOMMATE.
D. PROPERTY MANAGERS/LANDLORDS SHALL NOTIFY TENANTS OF THE REQUIREMENT TO REQUALIFY
AT LEAST THIRTY (30) DAYS PRIOR TO THE END OF THE TWO-YEAR QUALIFICATION PERIOD.
E. PROPERTY MANAGERS/LANDLORDS SHALL, AT THEIR OWN COST AND EXPENSE, MAINTAIN THE
INTERIOR AND EXTERIOR OF THE ENTIRE STRUCTURE AND PROPERTY, INCLUDING ALL RESIDENTIAL
UNITS AND ADJACENT OPEN AREAS, IN SAFE AND CLEAN CONDITION, IN GOOD ORDER AND REPAIR,
EXCEPT FOR REASONABLE WEAR AND TEAR.
Section 3. Owner Responsibilities
APCHA MAY from time to time schedule educational programs for affordable housing purchasers and
owners to review HOA responsibilities and responsibilities under these REGULATIONS and applicable
deed restrictions.
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A. Property Management
1. HOAs
a. Dues and Assessments
IT SHALL BE A VIOLATION OF THE REGULATIONS FOR AN OWNER TO FAIL TO PAY HOA
ASSESSMENTS.
b. Capital Reserves
Every HOA is required to adopt a capital reserve policy for long-term capital repairs. All
newly formed HOAs must also maintain a separate capital reserve fund to support the
policy.
2. Affordable Housing Rendered Unaffordable
APCHA may from time to time in its discretion determine that a deed-restricted ownership unit
located in a condominium or subdivision that also includes free market units has been
rendered unaffordable as a result of general or special HOA assessments. APCHA MAY ALSO
DETERMINE THAT A CATEGORY IS TOO LOW FOR A SPECIFIC UNIT BASED ON HOA DUES. UPON
THE RESALE OF SUCH UNIT, APCHA WILL REMARKET THE UNIT AT A HIGHER CATEGORY
COMMENSERATE WITH THE SIZE OF THE UNIT AND THE HOA DUES ASSOCIATED WITH SAID
UNIT.
APCHA, City of Aspen, or Pitkin County may determine to purchase an employee housin g unit
rendered unaffordable. In that event, APCHA may at its discretion release applicable deed
restrictions and sell such property at fair market value. APCHA shall be reimbu rsed the sale
price plus the APCHA transaction fee from sale proceeds. The balance of the proceeds shall be
deposited in the city and/or county Housing Development Funds to support the housing
program. Any HOA assessments paid by the city, county or APCHA shall also be reimbursed
from sale proceeds.
B. Maintaining Ownership Qualification
1. Owners must remain in good standing with their HOA and maintain APCHA eligibility and
qualifications. SEE SECTION ….,
2. Where one or more co-owners of a two- or three-bedroom unit vacates the unit within less
than two years from the date of purchase, the unit must be sold in accordance with the
applicable deed restriction UNLESS A COURT ORDER REQUIRES SUCH.
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3. ALL QUALIFIED OWNERS, INCLUDING MULTIPLE OWNERS, MUST MAINTAIN COMPLIANCE WITH
ALL APPLICABLE REQUIREMENTS. FAILURE OF ANY CO-OWNER TO DO SO SHALL CONSTITUTE A
VIOLATION.
4. APCHA owners must re-qualify with APCHA at least every two years by completing a
Requalification Affidavit attesting to the requirements in the deed restriction and these
REGULATIONS and by submitting other information as required by APCHA. Owners selected
under the Random Audit process are required to provide documentation to APCHA of
continued compliance with their deed restriction and these REGULATIONS. See Part IV for
requalification policies and procedures.
5. If an Owner, OWNER’S SPOUSE, OR A MEMBER OF OWNER’S HOUSEHOLD ACQUIRES ANY
OTHER residential property within the OEZ, one of the PROPERTIES MUST be sold within 180
days. If the Owner has not sold one of the units within 180 days, the newly acquired unit must
be listed for sale. This may require the Owner to move back into the older ownership property.
IF BOTH UNITS ARE DEED RESTRICTED, OWNER MUST LIST THEIR EXISTING PROPERTY FOR SALE
IMMEDIATELY UPON CLOSING OR BEFORE CLOSING. AT NO TIME SHALL AN OWNER OWN
MORE THAN TWO DEED-RESTRICTED PROPERTIES; AND, WILL NOT BE ALLOWED TO ENTER INTO
A LOTTERY AND/OR CONTRACT FOR A THIRD UNIT.
6. Any other violation of the REGULATIONS and/or deed restriction, where the sale of a unit is
required AS A RESULT OF A VIOLATION, and if the property has not sold within 180 days of the
listing agreement, the Owner will be bound by the following:
• On day 181, Owner must accept any valid contracts (as determined by the Colorado Real
Estate Commission) of at least ninety-five percent (95%) of the maximum sales price.
• If the home has still not sold after another 30 days at or above 95% of the maximum sales
price, the Owner must accept any valid contracts at or above ninety percent (90%) of the
maximum sales price.
• For each additional month the home has not sold, the minimum bid price that must be
accepted will decrease by an additional five percent (5%) of the maximum sales price.
• For RO homes that do not have an appreciation cap, the same shall apply based on the
appraised market value of said home.
C. Property Maintenance
Owners of APCHA units must maintain their units in good repair, including but not limited to the
roof, boiler, water heater, appliances, and fixtures, per HOA requirements, deed restrictions and
these REGULATIONS. To achieve the Maximum Sale Price, owners must maintain their units
according to the minimum standards as described below.
D. Capital Improvements Policy
When permitted by applicable deed restrictions, owners may make capital improvements to deed-
restricted units and add the cost of such improvements to the maximum sales price AS PROVIDED
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IN THE DEED RESTRICTION. AN OWNER CANNOT RECEIVE ANY CREDIT FOR ANY TYPE OF CAPITAL
IMPROVEMENT WITHIN THE FIRST THREE YEARS OF OWNERSHIP OF A NEWLY CONSTRUCTED
UNIT. THE CERTIFICATE OF OCCUPANCY MUST HAVE BEEN ISSUED AT LEAST THREE YEARS PRIOR
TO OBTAINING ANY ALLOWANCE FOR CAPITAL IMPROVEMENT ITEMS STATED BELOW, UNLESS THE
WORK WAS TO COMPLETE AN UNFINISHED AREA.
1. APPLICATION FOR PERMITTED CAPITAL IMPROVMENTS
APCHA OWNERS MUST OBTAIN PRE-APPROVAL FOR ANY CAPITAL IMPROVEMENTS FOR
WHICH THEY INTEND TO ADD TO THE MAXIMUM SALES PRICE. AN OWNER CANNOT RECEIVED
CREDIT FOR ANY CAPITAL IMPROVEMENTS DONE AFTER JANUARY 1, 2010 WITHOUT PRIOR
APPROVAL BY APCHA.
2. ADDED VALUE TO MAXIMUM SALE PRICE
• In determining maximum sales price, THE COST, OR PRESENT VALUE, OF SPECIFIED capital
improvements AS PERMITTED UNDER THESE REGULATIONS AND DEED RESTRICTIONS AND
AS APPROVED BY APCHA STAFF, LESS DEPRECIATION, MAY BE ADDED TO THE MAXIMUM
SALES OF A UNIT. DEED RESTRICTIONS SPECIFIC TO A UNIT MAY IMPOSE A CAPITAL
IMPROVEMENT CAP IN DETERMINING THE MAXIMUM SALE PRICE OF A UNIT. IN
DETERMINING MAXIMUM SALES PRICE, THE CAPITAL IMPROVEMENTS SHALL BE
DEPRECIATED ACCORDING to the published schedule in an approved reference, such as
the Marshall & Swift Residential Cost Handbook.
3. ITEMS NOT ADDED TO MAXIMUM SALE PRICES
• REGULAR Maintenance required by normal wear and tear;
• Repair, replacement and/or maintenance of existing appliances, plumbing, and
mechanical fixtures and installations;
• Jacuzzis, saunas, steam showers and similar amenities; and
• Improvement or addition of decorative treatments, including painting, electrical and
light fixtures, carpet, window coverings and similar items.
E. Roommate Rental Policy and Procedure
APCHA owners are permitted to rent A bedroom to roommates. HOWEVER, PRE-APPROVAL BY
APCHA IS REQUIRED. The following terms and conditions APPLY:
• Deed restrictions and/or covenants applicable to the respective ownership unit must expressly
permit rental of unoccupied bedrooms;
• Owner(s) must continue to maintain all APCHA qualification requirements;
• Roommates must qualify for rental through APCHA as a qualified tenant; income and asset
limits do not apply – see REGULATIONS Part IV for eligibility and qualification. All tenants for
deed restricted rental units must qualify through APCHA prior to moving in and/or executing a
lease;
• Lease terms must be at least one month;
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• Roommate rental rates must be prorated according to the maximum rental rate applicable to
the unit category and size. One roommate in a two-bedroom unit shall pay no more than one
half the rate; in a three-bedroom unit, no more than one-third the rate.
• Roommates are subject to all rules, regulations, and covenants applicable to the property;
• Owners are not permitted to lease their units for short-term rentals.
• Owners are not permitted to rent their units as income producing properties; and
• Owners must be in good standing with their Homeowner Association in order to obtain
approval.
F. Owner Leave of Absence Policy
Owners of deed restricted housing units who wish to leave Pitkin County for a limited period of
time, resulting in non-compliance with the nine-month residency requirement AND EMPLOYMENT
REQUIREMENT, may request a Leave of Absence (LOA) AFTER OWNING THE UNIT FOR AT LEAST
TWO YEARS. The owner must be UP-TO-DATE with their HOA DUES to request a LOA. Upon APCHA
approval of a LOA Request AND ALL OTHER APPLICABLE REQUIREMENTS, owner’s residency AND
EMPLOYMENT requirements for maintaining ownership qualification shall be temporarily waived.
1. Leave Request
Owners shall submit a LOA form. THE FORM SHALL BE COMPLETED AND SUBMITTED TO APCHA
after the form has been reviewed, approved and signed off by the HOA at least thirty (30) days
prior to the start of the leave. Should APCHA or the HOA deny the leave request, the owner(s)
may request Special Review with both APCHA and an HOA representative present. See
REGULATIONS Part VII for Special Review procedures.
2. Approved Leave Period
An APCHA owner may request a LOA for up to one year. AN OWNER MAY REQUEST A LOA FOR
A SECOND YEAR BUT IT IS NOT GUARANTEED. Under no circumstances will owners receive any
appreciation on the sales price of the unit during the second year. At no such time shall a LOA
be approved for longer than two years. Owners seeking to extend an approved LOA shall
submit an additional LOA Request form to APCHA at least thirty (30) days prior to extension of
the leave. If the LOA is requested AFTER the owner has VACATED THE UNIT, the appreciation
of the sales price of the unit terminates retroactively to the date the owner vacated the
premises. Appreciation will not be recouped once the homeowner is back in compliance and
back in the UNIT. A HOUSEHOLD ON A LOA CANNOT BID ON ANY OTHER PROPERTY UNTIL SUCH
TIME THEY ARE BACK IN COMPLIANCE WORKING IN PITKIN COUNTY AND LIVING IN THEIR DEED-
RESTRICTED UNIT.
3. Rental during Approved Leave Period
If the deed restriction APPLICABLE TO A unit permits an APCHA owner to take an approved
LOA, the owner may rent his/her unit subject to APCHA APPROVAL TO QUALIFIED
HOUSEHOLDS AS STATED IN THESE REGULATIONS. SECTION ??
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• Tenants must meet APCHA qualifications OTHERWISE APPLICABLE TO TENANTS
EXCEPT FOR INCOME AND ASSET LIMITS. All tenants must qualify through APCHA prior
to moving in and executing a lease.
a. RENTAL RATE
IF THE DEED RESTRICTION DOES NOT ESTABLISH A RENTAL RATE, THE PERMITTED
MAXIMUM MONTLY RENTAL RATE SHALL NOT EXCEED THE TOTAL OF OWNER’S NORMAL
MONTHLY EXPENSES INCLUDING MORTGAGE PAYMENTS, HOA DUES, UTILITIES IN
OWNER’S NAME, INSURANCE AND PROPERTY TAXES NOT INCLUDED IN MORTGAGE
PAYMENT, PLUS FIFTY DOLLARS ($50) PER MONTH; OR THE MAXIMUM RENTAL AMOUNT
STATED IN TABLE III OF THESE REGULATIONS FOR THE CATEGORY AND BEDROOM SIZE OF
THE UNIT, WHICHEVER IS GREATER. OWNERS MAY NOT CHARGE ANY ADDITIONAL
AMOUNT FOR FURNITURE, USE OF A GARAGE, USE OF A STORAGE UNIT, OR ANY OTHER
COST ASSOCIATED WITH THE UNIT OR ANY OTHER COST.
b. LEASE REQUREMENTS
Tenants must acknowledge IN WRITING receipt of and agreement to applicable HOA
covenants, deed restrictions, rules and regulations of the association, lease terms and
these REGULATIONS. A copy of the executed lease shall be submitted to APCHA and the
respective HOA. APPROVAL OF A TENANCY PURSUANT TO THIS SECTION DOES NOT
ESTABLISH ANY RIGHT OR PRIORITY FOR THE PURCHASE OF THE UNIT IF THE OWNER
ELECTS OR IS REQUIRED TO SELL DURING OR AT THE END OF THE LOA AND TERMINATION
OF THE TENANCY. TENANT WILL BE REQUIRED TO SIGN AN AGREEMENT PROVIDED BY
APCHA ACKNOWLEDING THIS STATEMENT.
LEASE TERMS MAY NOT EXCEED THE DURATION OF THE APPROVED LOA.
OWNERS MUST NOTIFY APCHA AND PROVIDE APCHA PROOF OF EMPLOYMENT UPON RETURN.
APCHA WILL CONDUCT A SITE VISIT UPON EXPIRATION OF THE LOA.
G. Retiring in APCHA Ownership Housing
PROVIDED THAT SUCH OWNER MEETS THE REQUIREMENTS OF A “QUALIFIED RETIREE IN APCHA
HOUSING” AS SPECIFIED IN PART . . . . OF THESE REGULATIONS, AN OWNER MAY RETIRE AND
RETAIN OWNERSHIP OF THE UNIT EXEMPT FROM THE APPLICABLE REQUIREMENTS OF
EMPLOYMENT. RETIREES MUST:
• RECEIVE APPROVAL BY APCHA BY DEMONSTRATING TO APCHA THAT THEY MEET THE
QUALIFIED RETIREE CRITERIA AS DEFINED IN THESE REGULATIONS;
• OCCUPY THE UNIT AS THEIR PRIMARY RESIDENCE BY LIVING IN THE UNIT AT LEAST NINE
MONTHS PER YEAR, UNLESS THE OWNER HAS RECEIVED AN APPROVED LOA TO RENT THE
UNIT AS STATED IN PARAGRAPH H BELOW; AND
• CONTINUE TO NOT OWN OTHER DEVELOPED RESIDENTIAL PROPERTY IN THE OWNERSHIP
EXCLUSION ZONE.
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APCHA qualified retirees must complete and sign a Requalification Affidavit at least every two
years. THE owner may REQUEST A LOA TO RENT THE UNIT FOR UP TO SIX MONTHS EACH YEAR.
See paragraph H below for the specific requirements pertaining to this LOA.
H. Rental Policy for Approved Retirees who Own Deed -Restricted Housing
A QUALIFIED RETIREE IN APCHA HOUSING, who has MET THE DEFINITION OF “QUALIFIED RETIREE
IN APCHA HOUSING” AS SPECIFIED IN PART . . ., may be absent from the unit for up to three months
per year without a requirement to lease the UNIT. The owner may, request a LOA for up to six
months per calendar year; DURING WHICH TIME, the UNIT must be rented to an APCHA qualified
employee, PLEASE SEE SECTION . . . .
SECTION 4 AND 5 BELOW CONTAIN THE NEW LANGUAGE ADOPTED BY THE BOARD BY RESOLUTION
NO. 10 (SERIES OF 2019)
Section 4. Special Review Policy and Proce dure
An applicant for a rental or ownership unit, in accordance with Part II, Section 6, may request a Special
Review approval for a variance from the strict application of the Guidelines, excluding cases involving
compliance and enforcement, if the following can be shown:
• Unusual hardship; and
• Consistency with APCHA policies and purposes.
A. Special Review Procedure
A Special Review for a variance from the strict application of these Guidelines may be requested if an
unusual hardship can be shown, and the variance from the strict application of the Guidelines is
consistent with the Housing Program intent and POLICIES. TO request a Special Review, a letter must
be submitted to the APCHA stating the request, with documentation regarding the unusual hardship.
The applicant shall submit any additional information reasonably requested by the APCHA and a
Special Review meeting will be scheduled WITH A SPECIAL REVIEW HEARING OFFICER in a timely
manner.
B. SPECIAL REVIEW HEARING OFFICER
Special Review is conducted by a HEARING OFFICER APPOINTED BY THE APCHA BOARD FOR THAT
PURPOSE.
C. Decision
The HEARING OFFICER may grant the request, with or without conditions, if the approval will not
cause a substantial detriment to the public good and without substantially impairing the intent and
purpose of THESE REGULATIONS, and if an unusual hardship is shown.
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Section 5. E nforcement Policies and Procedures
A. Compliance with Applicable Deed Restrictions and APCHA Guidelines.
All owners and occupants of deed restricted rental and ownership housing administered by
APCHA must comply with the requirements of applicable deed restrictions, the APCHA Guidelines
as amended from time to time, and applicable federal, state and local laws. All violations of such
requirements are subject to enforcement as provided herein.
B. Enforcement Procedures.
Enforcement procedures may be initiated by an APCHA investigation or a complaint from a third
party.
1. NOTICE OF INVESTIGATION (NOI)
AT THE DISCRETION OF THE APCHA, BEFORE ISSUING A NOTICE OF VIOLATION (NOV), THE
APCHA MAY ISSUE a notice to the person under investigation that APCHA is seeking
information in order to determine if a violation has occurred and providing such person AT
LEAST fifteen (15) days from the date of the notice to provide information in accordance with
the notice. NOTICE SHALL BE PROVIDED BY CERTIFIED MAIL, REGULAR MAIL AND E-MAIL TO
THE EXTENT THAT APCHA HAS BEEN PROVIDED WITH CURRENT AND ACCURATE MAILING
ADDRESSES AND E-MAIL ADDRESSES. IT IS THE RESPONSIBILTY OF PROGRAM PARTICIPANTS
(I.E., OWNERS, RENTERS, LANDLORDS, HOMEOWNERS’ ASSOCIATIONS, PROPERTY
MANAGERS AND PROPERTY OWNERS) TO PROVIDE APCHA WITH UP-TO-DATE CONTACT
INFORMATION AT ALL TIMES.
2. Notice of Violation (NOV)
a) In the event that APCHA, as a result of an independent investigation or based upon a third
party complaint as described in Section 5B(2) below, or for failure to comply with a
compliance request, audit or affidavit requirement, determines that a violation has
occurred, APCHA shall serve a Notice of Violation (“NOV”) on the person(s) deemed to be
in violation. The NOV may be served by regular mail, e-mail or as otherwise provided by
the applicable deed restriction or by law for service of process. The NOV shall state the
following:
i. identify the name of the alleged violator, and
ii. the date(s) of the violation if known, and
iii. the actions or inactions constituting the violation, and
iv. the requirement(s) which have been violated.
b) The NOV shall, AT THE DISCRETION OF APCHA, require one OR MORE of the following:
i. that the violation be cured within fifteen (15) days of the NOV;
ii. that the lease (if a rental unit) shall be terminated WITHIN A SPECIFIED PERIOD
OF TIME;
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iii. that the unit shall be listed for sale (IF AN OWNERSHIP UNIT) WITHIN A SPECIFIED
PERIOD OF TIME;
iv. THAT THE OWNER WILL FORFEIT APPRECIATION FROM THE DATE THAT THE
VIOLATION OCCURRED, UNTIL THE VIOLATION IS CURED OR THE UNIT IS SOLD,
WHICHEVER FIRST OCCURS; AND/OR
v. THAT A FINE BE PAID IN ACCORDANCE WITH THE SCHEDULE OF FINES FOUND IN
THE APPENDICES OF THESE REGULATIONS.
c) THE NOV SHALL PROVIDE THAT THE PERSON CHARGED IN THE NOV MAY, WITHIN FIFTEEN
(15) DAYS OF THE DATE OF THE NOV, REQUEST IN WRITING A HEARING BEFORE THE
APCHA HEARING OFFICER. THE HEARING MAY BE REQUESTED TO APPEAL THE FINDING(S)
THAT A VIOLATION HAS OCCURRED AND/OR TO APPEAL THE RELIEF DEMANDED IN THE
NOV.
d) If the alleged violator does not COMPLY WITH THE REQUIREMENTS OF THE NOV AND
DOES NOT REQUEST A HEARING BEFORE THE HEARING OFFICER WITHIN THE FIFTEEN (15)
DAY PERIOD, the violation identified in the NOV AND THE RELIEF DEMANDED shall be
deemed final. In the event of litigation, the failure to request a hearing as provided above
shall be deemed by APCHA to constitute a failure to exhaust administrative remedies for
the purpose of judicial review. At the conclusion of the fifteen (15) day period, APCHA
may pursue all remedies as provided by law or in equity, including, where applicable, a
requirement that the subject property be sold in accordance with the deed restriction.
e) If, within the fifteen (15) day period, a hearing is requested before the HEARING OFFICER,
such hearing shall be scheduled to commence no later than thirty (30) days from the date
of the request. At such hearing, APCHA staff, the person requesting the hearing, and
interested members of the public, INCLUDING WITNESSES, shall be permitted to present
evidence in the form of testimony and documents to the HEARING OFFICER.
f) The HEARING OFFICER shall base its decision upon the evidence in the record and it shall
make its decision in writing within thirty (30) days of the conclusion of the hearing. The
HEARING OFFICER may uphold the NOV in whole or in part, or it may dismiss the NOV. In
taking any such action, the HEARING OFFICER may impose a remedy appropriate to the
case, which may include a requirement for the owner to PAY A FINE AND/OR sell the
subject property or REQUIRE the occupants to vacate the premises IN ACCORDANCE WITH
THE PARAGRAPH 2(b) ABOVE. Where a sale is required, the procedures identified in the
applicable deed restriction shall be followed. The determination of the HEARING OFFICER
may direct that legal action be taken to enforce its decision. The costs of such actio n,
including reasonable attorney’s fees, shall be ASSESSED against the proceeds of the sale,
or tenant’s security deposit. In the event that the decision has been made by a Hearing
Officer, that decision is subject to administrative appeal to the APCHA Board as provided
in Part E below.
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g) APCHA staff and the alleged violator shall exchange the documentary evidence they wish
to present at the hearing at least one (1) week prior to the hearing. The HEARING OFFICER
may accept additional documentary evidence at the hearing for good cause shown and
may continue the hearing if it is deemed necessary in the interest of fairness.
3. Complaint Based Investigation
a) Any person may submit to APCHA a complaint that a violation has occurred. Within thirty
(30) days of the receipt of any such complaint, and if sufficient grounds are found to exist,
APCHA staff shall commence an investigation and notify the alleged violator of the receipt
of such complaint. For good cause and as authorized by law, APCHA may withhold the
identity of the complainant.
b) In connection with its investigation of the complaint, APCHA shall PROCEED IN
ACCORDANCE WITH PART VII, SECTION 4.B. AND SHALL request that the alleged violator
provide written information as may be reasonably necessary for its investigation, and the
alleged violator shall be required to provide such information within fifteen (15) days from
the date of the request, OR SUCH ADDITIONAL TIME AS PERMITTED BY APCHA. APCHA
shall maintain the confidentiality of any financial or other information provided by the
alleged violation which is not required to be disclosed by the Colorado Open Records Act.
c) APCHA staff shall complete its investigation as soon as possible, and within ninety (90) days
from the receipt of the complaint whenever possible. Upon completion of its investigation,
APCHA staff shall either notify the parties in writing that there are not reasonable grounds
to determine that a violation has occurred, or it shall issue an NOV AND PROCEED in
accordance with the subsection 5B2 above and follow those procedures.
1. Investigations and Site Visits
In responding to a complaint or in the conduct of any other investigation, APCHA may inspect
the subject premises. Any such inspection shall be preceded by at least 24 hours’ written
notice to the owner and occupants, either by mail or posted on the premises in a conspicuous
place. Except in an emergency, all such inspections shall occur between 8:00 a.m. and 5:00
p.m., Monday through Friday.
2. Aspen Municipal Code and Pitkin County Code
Enforcement by APCHA as provided herein does not constitute a waiver by the City of Aspen
or Pitkin County of any authority they may have pursuant to their respective ordinances for
enforcement with respect to the events described in an APCHA NOV.
C. Grievance Procedure
A “grievance” is any dispute, claim, or request a person may have with APCHA, not covered by Section
5B above, arising out of a deed restriction or the APCHA Guidelines.
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1. Any person with a grievance shall first submit such matter to APCHA staff. APCHA staff shall
attempt to resolve such matter informally with the aggrieved party, but in doing so, APCHA
staff is not authorized to make any determination contrary to a deed restriction, APCHA
Guidelines, APCHA policies, or established precedents.
2. At such time as APCHA staff or the aggrieved party determines that the procedure identified
in Section C1 above will not resolve the matter, or by agreement of APCHA staff and the
aggrieved party, the grievance may be submitted to the APCHA HEARING OFFICER for a
determination. All such grievances shall be submitted in writing and shall include the following
information:
• Name, address, telephone number and e-mail address of the aggrieved party; and
• A summary of the grievance, the relief requested, and identification of the provision
of the applicable deed restriction and APCHA Guidelines at issue.
3. Upon receipt of a grievance in accordance with subsection C2 above, the matter shall be set
for a public hearing before the HEARING OFFICER, at which time the HEARING OFFICER shall
consider the testimony and other evidence presented by APCHA staff, the aggrieved party,
and members of the public.
4. APCHA staff and the aggrieved party shall exchange the documentary evidence they wish to
present at the hearing at least one (1) week prior to the hearing. The HEARING OFFICER may
accept additional documentary evidence at the hearing for good cause shown.
5. The HEARING OFFICER shall base its determination regarding the grievance upon the
evidence in the record and it shall make its determination in writing within thirty (30) days of
the conclusion of the hearing. Such determination shall be considered a final administrative
determination by APCHA.
D. HEARING OFFICER
1. ESTABLISHMENT
THERE IS HEREBY ESTABLISHED WITHIN APCHA THE POSITION OF HEARING OFFICER.
2. APPOINTMENT
THE HEARING OFFICER SHALL BE APPOINTED BY AND SERVE AT THE DISCRETION OF THE
APCHA BOARD OF DIRECTORS. THE BOARD MAY APPOINT MORE THAN ONE HEARING
OFFICER IF DEEMED NECESSARY, BASED ON CONFLICT OF INTEREST, AVAILABILITY, OR FOR
OTHER GOOD REASON. NO EMPLOYEE OF APCHA OR MEMBER OF THE APCHA BOARD SHALL
SERVE AS HEARING OFFICER. THE HEARING OFFICER SHALL BE SUBJECT TO THE SAME CODE
OF CONDUCT/CODE OF ETHICS AS THE MEMBERS OF THE APCHA BOARD OF DIRECTORS.
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3. POWERS AND DUTIES
THE HEARING OFFICER SHALL HEAR AND CONSIDER THOSE MATTERS SPECIFIC IN THESE
REGULATIONS. ALL MATTERS CONSIDERD BY THE HEARING OFFICER SHALL BE CONDUCTED
IN A PUBLIC HEARING AND ALL SUCH HEARINGS SHALL BE RECORDED. NOTICE OF ALL SUCH
HEARINGS SHALL BE GIVEN IN THE SAME MANNER AS MEETINGS OF THE APCHA BOARD. IN
ADDITION, PERSONAL NOTICE SHALL BE GIVEN IN WRITING TO THE APPELLANT AND ALL
OTHER PERSONS KNOWN BY APCHA STAFF TO HAVE AN INTEREST IN THE MATTER.
4. DECISIONS
THE HEARING OFFICER MAY APPROVE, APPROVE WITH CONDITIONS, OR DENY ANY
MATTER SUBJECT TO HIS/HER REVIEW. THE DECISIONS OF THE HEARING OFFICER SHALL
INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND SHALL BE MADE IN WRITING,
SIGNED AND DATED. ALL SUCH DECISIONS SHALL BE DEEMED FINAL AFTER 15 DAYS OF THE
DATE OF THE DECISION UNLESS APPEALED TO THE APCHA BOARD AS PROVIDED BELOW. AN
UNAPPEALED DECISION OF THE HEARING OFFICER IS NOT SUBJECT TO JUDICIAL REVIEW IN
ACCORDANCE WITH CRCP RULE 106(A)(4), BASED ON THE FAILURE TO EXHAUST
ADMINISTRATIVE REMEDIES.
E. APPEALS OF HEARING OFFICER DECISIONS
1. GENERAL PROCEDURES
A. ANY PERSON ADVERSELY AFFECTED OR AGGRIEVED BY A DECISION OF THE HEARING
OFFICER MAY APPEAL SUCH DECISION TO THE APCHA BOARD OF DIRECTORS AS
PROVIDED HEREIN.
B. NOTICE OF APPEAL AND A WRITTEN SUMMARY OF THE GROUNDS FOR THE APPEAL
MUST BE SUBMITTED TO THE APCHA EXECUTIVE DIRECTOR WITHIN FIFTEEN (15) DAYS
OF THE DATE OF THE HEARING OFFICER’S DECISION.
C. NO APPEAL SHALL BE CONSIDERED BY THE APCHA BOARD UNTIL THE APPELLANT, AT
ITS EXPENSE, PRESENTS THE EXECUTIVE DIRECTOR WITH A TRANSCRIPT OF THE
PROCEEDINGS BEFORE THE HEARING OFFICER, WHICH MUST OCCUR NO LATER THAN
SIXTY (60) CALENDAR DAYS AFTER THE HEARING OFFICER’S DECISION UNLESS
EXTENDED BY THE APCHA BOARD FOR GOOD CAUSE SHOWN.
D. UPON RECEIPT OF THE TRANSCRIPT, THE BOARD SHALL SCHEDULE THE APPEAL FOR A
PUBLIC HEARING AT THE EARLIEST DATE POSSIBLE, WITH THE CONSIDERATION TO THE
INTERESTS OF ALL PARTIES.
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2. SCOPE OF REVIEW
A. THE APPEAL TO THE BOARD SHALL BE BASED SOLELY ON THE RECORD OF THE
PROCEEDINGS BEFORE THE HEARING OFFICER. THE BOARD SHALL CONSIDER THE
ARGUMENTS OF THE APPELLANT, APCHA STAFF, AND OTHER INTERESTED PARTIES
BASED ON THE RECORD. THE BOARD SHALL NOT CONSIDER ADDITIONAL EVIDENCE
UNLESS THERE IS A DEMONSTRATION OF EXCUSABLE NEGLECT, MISREPRESENTATION,
OR OTHER MISCONDUCT IN THE PROCEEDINGS BEFORE THE HEARING OFFICER.
B. BASED UPON THE ARGUMENTS MADE AT THE HEARING, THE BOARD MAY AFFIRM,
MODIFY OR REVERSE THE DECISION OF THE HEARING OFFICER. IN ADDITION, THE
BOARD MAY DETERMINE THAT ADDITIONAL EVIDENCE IS NECESSARY AND REMAND
THE MATTER TO THE HEARING OFFICER FOR THE RECEIPT OF ADDITIONAL EVIDENCE
AND RECONSIDERATION BASED THEREON. THE BOARD’S DECISION SHALL BE MADE IN
WRITING AND SHALL INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW.
3. JUDICIAL REVIEW
THE DECISION OF THE APCHA BOARD SHALL CONSTITUTE FINAL AGENCY ACTION SUBJECT
TO JUDICIAL REVIEW IN ACCORANCE WITH CRCP RULE 106(A)(4).
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PART VIII
DEFINITIONS
Accessory Dwelling Unit (ADU) - A dwelling unit which must be totally separate from the primary
dwelling unit, with a private entrance, a full bath and a kitchen, as further specified in these
REGULATIONS and City of Aspen Land Use Code, Chapter 26.520.070.
Accredited – Accreditation is a process by which an education facility’s services and operations are
examined by a third-party accrediting agency to determine if applicable standards are met. If the
standards are met, the facility receives accredited status. In the United States, educational
accreditation is performed by a private nonprofit membership association.
ADULT – AN INDIVIDUAL WHO IS 18 YEARS OF AGE OR OLDER OR A MINOR UNDER THE AGE OF 18
WHO HAS BEEN EMANCIPATED TO ACT ON HIS/HER OWN BEHALF, INCLUDING THE ABILITY TO
EXECUTE A CONTRACT OR LEASE.
Affordable Housing/Employee Housing/Work Force Housing - Dwelling units restricted to the housing
size and type for individuals meeting asset, income, minimum occupancy and other requirements of
the Aspen City Council, Board of County Commissioners and/or the APCHA, whichever shall apply AS
EXPLAINED IN DEED RESTRICTIONS.
Affordable Housing Zone District - See Aspen Land Use Code, Chapter 26.710.
APCHA Senior – An APCHA senior is a person who is 65 years or older, who may have up to 150% of
the net assets otherwise allowed at the top of their applicable income category where they are
applying to reside or currently residing.
Aspen/Pitkin County Housing Authority – APCHA.
APCHA Employee Housing Guidelines – Now defined as Regulations for the APCHA program.
Assets – Real or personal property owned by an individual that has commercial or exchange value.
Assets include specific property or claims against others, in contrast to obligations due others. See also
definition for Gross Assets and Net Assets.
Basement - As defined by the applicable City or County Land Use Code.
Bedroom – A room in a dwelling unit designed to be used for sleeping purposes that must include
closets and access to a bathroom, and that meets applicable City or County International Building Code
requirements for light, ventilation, sanitation and egress.
Buy-down Unit – A free market unit that the government (City of Aspen, Pitkin County, APCHA) and/or
private sector acquires and deed restricts to affordable housing in accordance with these
REGULATIONS.
Capital Improvements – Except as otherwise defined in the applicable Deed Restriction, any
improvement to real property excluding repair, replacement and maintenance.
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Caretaker Dwelling Unit (CDU) – A dwelling unit that must be a totally separate unit, with a private
entrance, a full bath and a kitchen, as required in these REGULATIONS and Section 3-150-130, Pitkin
County Land Use Code.
Cash-in-Lieu / Fee-in-Lieu / Impact Fee – A monetary exaction imposed by the City and/or County as a
condition of, or in connection with, approval of a development project for the purpose of defraying all
or some of the costs to mitigate for employee housing generated by the project. Further information
can be found in the respective City or County Land Use Codes.
Category – A classification of employees, qualified residents, buyers, and deed restricted dwelling units
by income limits, sales prices or maximum rental rates as determined by the APCHA based upon
household gross income and net assets.
Consumer Price Index (CPI) - The Consumer Price Index that is used for purposes of the REGULATIONS
and for purposes of the Deed Restriction is the Consumer Price Index for Urban Wage Earners and
Clerical Workers (CPI-W) in the U.S., Midwest, and West, not seasonally adjusted, All Items
(1967=100). The U.S. City Average is the one that is used. The information is received on a monthly
basis from the U.S. Department of Labor, Bureau of Labor Statistics.
Co-signer - A joint signatory, with a qualified buyer, of a promissory note AND/OR DEED OF TRUST, who
may not occupy OR OWN the unit unless qualified by the APCHA.
Deed Restriction - A contract entered into by the APCHA, City of Aspen, and/or Pitkin County and the
developer, owner or purchaser of real property identifying the conditions of occupancy and resale as
WORKFORCE housing.
Dependent – A “dependent" is either a "qualifying child" or a "qualifying relative."
A MEMBER OF A HOUSEHOLD OR FAMILY OTHER THAN THE HEAD, SPOUSE, OR CO-HEAD, WHO IS
UNDER 18 YEARS OF AGE OR IS A PERSON WITH DISABILITIES OR A FULL-TIME STUDENT. FOR THE
PURPOSES OF THESE REGULATIONS, A FOSTER CHILD, A FOSTER ADULT, OR A LIVE-IN AIDE MAY
NEVER BE A DEPENDENT REGARDLESS OF AGE OR DISABILITY.
A qualifying child is a child (including stepchild, adopted child), or eligible foster child -- minors), or
a sibling (or stepsibling) of the taxpayer, or a descendant of either; who has resided in the principal
abode of the taxpayer for at least 100 days out of a calendar year; who has not attained age 19 and
who has not provided more than half of his or her own support for that year.
A "qualifying relative" is an individual who (a) is a sibling (including stepsiblings), the taxpayer's father
or mother or an ancestor of either of them, a stepparent, a niece or nephew, an aunt or uncle, or an
individual, other than a spouse, who resides in the principal abode of the taxpayer and is a member
of the household; (b) has gross income in that calendar year not exceeding the exemption amount;
(c) receives more than half of his/her support for the year from the taxpayer; and (d) is not a
qualifying child of any other taxpayer for the calendar year. Said “qualifying relative” must be listed
as a dependent on a tax return to be classified as a valid dependent.
In the case of divorced families with children, each child may be claimed only once for proving minimum
occupancy. If both parents enter the same lottery, the top winner only shall be allowed to purchase
the unit; the other parent shall be able to claim the child(ren) to qualify for one additional bedroom
only.
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DISABILITY (A) – INABILITY TO ENGAGE IN ANY SUBSTANTIAL GAINFUL ACTIVITY BY REASON OF ANY
MEDICALLY DETERMINABLE PHYSICAL OR MENTAL IMPAIRMENT WHICH CAN BE EXPECTED TO
RESULT IN DEATH OR WHICH HAS LASTED OR CAN BE EXPECTED TO LAST FOR A CONTINUOUS PERIOD
OF NOT LESS THAN 12 MONTHS; OR (B) IN THE CASE OF AN INDIVIDUAL WHO HAS ATTAINED THE
AGE OF 55 AND IS BLIND, INABILITY BY REASON OF SUCH BLINDNESS TO ENGAGE IN SUBSTANTIAL
GAINFUL ACTIVITY REQUIRING SKILLS OR ABILITIES COMPARABLE TO THOSE OF ANY GAINFUL
ACTIVITY IN WHICH HE/SHE HAS PREVIOUSLY ENGAGED WITH SOME REGULARITY AND OVER A
SUBSTANTIAL PERIOD OF TIME. PROOF OF DISABILITY IS REQUIRED.
Dormitory – A structure or portion thereof under single management that provides group sleeping
accommodations for occupants in one (1) or more rooms for compensation. Standards for use,
occupancy, and design of such facilities shall be approved by the APCHA. See Part III, Sec. 5.
EARNED INCOME – APCHA FOLLOWS THE INTERNAL REVENUE SERVICE’S DEFINTION OF EARNED
INCOME, WHICH CAN BE FOUND HERE: https://www.irs.gov/credits-deductions/individuals/earned-
income-tax-credit/earned-income
Employee/Qualified Resident/Buyer - A person who is employed by an employer as defined below to
work a minimum of 1,500 hours per calendar year within Pitkin County, an average of 35 hours a week,
10 months a year; or 32 hours a week, 11 months a year. Such person must be working in a Pitkin
County location and must reside in the unit a minimum of nine (9) months out of the calendar year. All
persons, including the self-employed must satisfy these requirements. Persons employed by
businesses that do not qualify as Pitkin County Employers must verify that they perform the minimum
work requirements in a Pitkin County location.
Employer (Pitkin County Employer) - A business whose business address is located within Aspen
and/or Pitkin County, whose business employs employees (as defined herein) within Pitkin County,
who work in Pitkin County, and whose business taxes are paid in Aspen or Pitkin County. If an employer
is not physically based in Pitkin County, an employee must be able to verify that they work in Pitkin
County a minimum of 1500 hours per calendar year for individuals, businesses or institutional
operations located within Pitkin County.
Employee Dwelling Unit – Any deed-restricted dwelling unit that is required to be rented out in
accordance with Pitkin County Land Use Code, Section 3-150-120.
Fiduciary – One who owes to another the duties of good faith, trust, confidence and candor, and who
must exercise a high standard of care in managing another’s money or property.
Financial Statement – A statement detailing all personal assets, liabilities, and net worth (the difference
between assets and liabilities) as of a specific date.
Full-Time Work – Full time work, as defined for the APCHA program, is someone who is working at
least 1500 hours per calendar year within Pitkin County, and earn at least 75% of their income within
Pitkin County.
Gross Assets – The total of real and personal property of a person which has tangible or intangible
value. This includes among other things, patents and causes of action which belong to any person, as
well as any stock in a corporation and any interest in the estate of a decedent; also, the property or
estate that is available for the payment of debts. Gross assets shall include funds or property held in a
trust or any similar entity or interest, where the person has management rights or the ability to utilize
the assets for the payment of debts or for other purposes. Gross assets shall also include 60% of a valid
pension plan.
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Gross Income – The total income of a person including maintenance and child support, derived from a
business, trust, employment, or income-producing property, before deductions for expenses, deprecia-
tion, taxes, and similar allowances.
Household –
1. ALL PERSONS WHO WILL BE OCCUPYING A UNIT REGARDLESS OF LEGAL OR MARITAL STATUS,
2. A MARRIED COUPLE, WHETHER BOTH WILL BE LIVING IN THE UNIT OR NOT.
A PERSON MAY BE PART OF MORE THAN ONE HOUSEHOLD. IN DETERMINING IF INDIVIDUALS
CONSTITUTE A HOUSEHOLD, APCHA MAY CONSIDER THE CIRCUMSTANCES OF THE RELATIONSHIP(S),
INCLUDING WITHOUT LIMITATION THE FOLLOWING:
1. LEGAL RESIDENCE AND DOMICILE;
2. OWNERSHIP AND LOCATION OF REAL AND PERSONAL PROPERTY;
3. ACCESS TO AND USE OF THE REAL AND PERSONAL PROPERTY OF OTHER INDIVIDUALS;
4. FAMILY RELATIONSHIP OR COHABITATION;
5. THE EXTENT TO WHICH THE RELATIONSHIP(S) IS CLOSE AND INTIMATE OR IS AN ARM’S
LENGTH RELATIONSHIP; AND
6. THE PERMANENCE, DURATION, AND DEGREE OF COMMITMENT IN THE RELATIONSHIP(S).
For purposes of a lottery all married couples may only enter into a lottery once and neither person may
bid separately in that lottery. If two separate households (single, file separate income tax returns as
single, etc.) enter together into one lottery bid, the same combined income and assets will be utilized
in any future lotteries for a one-year period of time. Should circumstances change within the one-year
time frame, a person may request a change in household status (i.e., category) once during that one-
year time frame.
Household Net Assets – The combined net assets of all individuals who will be occupying a unit
regardless of marital or legal status.
Household Income – The combined gross income of all individuals who will be occupying a unit
regardless of marital or legal status. Adjustments/additions to gross income for business expenses are
permitted for persons who are self-employed.
In-Complex Bid – A priority bid granted to person(s) for a unit in the same complex in which they
presently reside and have resided for at least one consecutive year. If a new project is built in phases,
the in-complex priority does not go into effect until all affordable housing phases of the project are
completed. In order to obtain an in-complex bid, the existing ownership unit MUST come up for sale
within the lottery system.
Kitchen – For Accessory Dwelling Units, Caretaker Dwelling Units and all other deed-restricted units, a
kitchen must include, at a minimum, a two-burner stove with oven, standard sink, and a refrigerator
plus freezer. The oven must be able to bake and broil and be at least 5 cubic feet; the sink must measure
at least 14”WX16”DX5.25”H; refrigerator must be at least 5.3 cubic feet and include at least a .73 cubic
foot freezer.
Lottery – A random drawing among competing bidders to select a winner from applicants of the highest
priority.
Maximum SALES Price – Unless otherwise defined in the applicable Deed Restriction, IS THE OWNER’S
PURCHASE PRICE multiplied by the appreciation (as permitted by the Deed Restriction) plus the present
value of capital improvement costs FOR WHICH VERIFICATION OF THE EXPENDITURE HAS BEEN
PROVIDED.
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Minimum Occupancy – A requirement that at least one person (with a leasehold or ownership interest)
per bedroom must reside in a unit. A minor child or dependent shall be granted equal status as a
person for this purpose. In a two-adult household, both adults must be working in Pitkin County in
order to qualify for an additional bedroom.
.Net Assets – Gross assets minus liabilities; 60% of a valid retirement account shall be included as an
asset; otherwise, the entire account will be included.
Net Livable Square Footage – The size of a dwelling unit calculated as the interior living area measured
interior wall to interior wall, including all interior partitions. This also includes, but is not limited to,
habitable basements and interior storage areas, closets and laundry areas. Exclusions include, but are
not limited to, uninhabitable basements, mechanical areas, exterior storage, stairwells, garages (either
attached or detached), patios, decks and porches.
Nondiscrimination Policy – A policy which provides that APCHA DOES not discriminate ON THE BASIS
OF race, color, religion (CREED), GENDER, AGE, national origin (ANCESTRY), DISABILITY, MARITAL
STATUS, SEXUAL ORIENTATION, MILITARY STATUS, GENETIC INFORMATION OR ANY OTHER
CHARACTERISTIC PROTECTED UNDER APPLICABLE FEDERAL, STATE OR LOCAL LAW IN ANY OF ITS
ACTIVITIES OR OPERATIONS. WE ARE COMMITTED TO PROVIDING AN INCLUSIVE AND WELCOMING
ENVIRONMENT.
“OWN” OR “OWNERSHIP” -- FOR THE PURPOSE OF DETERMINING THE OWNERSHIP OF REAL
PROPERTY OR OTHER ASSETS, SHALL INCLUDE ANY INTEREST HELD, IN WHOLE OR IN
PART, PERSONALLY, OR DIRECTLY OR INDIRECTLY, AS A SHAREHOLDER OR MEMBER OF A
CORPORATION, AS A PARTNER IN A PARTNERSHIP, AS A JOINT VENTURE IN A JOINT VENTURE, AS A
BENEFICIARY OF A TRUST, OR THROUGH ANY OTHER LEGAL ENTITY OR LEGAL ARRANGEMENT.
Ownership Exclusion Zone (OEZ) – The land area in which is located any developed residential property
that has an address within the Roaring Fork Drainage situated in Eagle, Pitkin, Garfield or Gunnison
Counties, or within the Colorado River Drainage from and including the unincorporated No Name area
to and including Rifle, and including, but not limited to, the incorporated and unincorporated areas of
Aspen, Basalt, Carbondale, El Jebel, Glenwood Springs, Marble, Meredith, New Castle, No Name,
Redstone, Rifle, Snowmass, Snowmass Village, and Woody Creek.
On-Site / Off-Site – With reference to the location of deed restricted property provided for mitigation
purposes, either next to or attached to the development (on-site) or at a separate approved location
(off-site).
Prequalification – A borrower’s tentative mortgage approval from a lender.
Primary Residence – The sole and exclusive place of residence of a person. An owner or tenant shall
be deemed to have ceased to use a unit as his/her primary residence by accepting employment outside
of Pitkin County, or by residing in the unit fewer than nine (9) months out of any CALENDAR YEAR.
Purchaser – A person who is buying or has purchased a deed restricted unit which is subject to these
Guidelines, including any qualifying potential purchaser or past owner of any such deed restricted unit,
but only with respect to any issue arising under these Guidelines.
QUALIFIED BUYER – SEE SECTION .. ELIGIBILITY.
Qualified Resident – A person(s) meeting the income, asset, employment, residency, property
ownership and other requirements of these Guidelines and the applicable deed restriction, including
retired and handicapped persons, or dependent(s) of any of these as such terms are defined herein.
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Qualified Retiree in APCHA Housing – A person who has reached the retirement age as defined IN
RETIREMENT AGE FOR APCHA HOUSING below and who has for at least TEN (10) consecutive years
immediately prior to retirement met the requirements of an “Employee” and who has owned or
leased a deed restricted unit for at least TEN (10) consecutive years immediately prior to retirement.
Regulations for the APCHA Program – Formerly known as the APCHA Employee Housing Guidelines.
Requalification – Requirements which renters/ tenants and owners of affordable housing must meet
bi-annually to ensure continued eligibility.
Residential Dwelling Unit – Any residential property that has an address within the Ownership
Exclusion Zone.
Retiree – See Qualified Retiree above.
Retirement Age for APCHA Housing – A current tenant or owner can qualify to become a QUALIFIED
RETIRE IN APCHA HOUSING at such time he/she reaches the age to receive full (100%) benefits as
determined by the U.S. Social Security Administration
https://www.ssa.gov/oact/progdata/nra.html, or as otherwise stipulated in the applicable deed
restriction. Any change of the full retirement age approved by the U.S. Social Security Administration
will not automatically apply to the APCHA program. Any change in full retirement age will require
review and approval by the APCHA Board, City Council and the BOCC.
Roaring Fork River Drainage/Roaring Fork Valley – See the Ownership Exclusion Zone.
Seasonal Employee – A person who works at least 30 hours per week during the Winter Season
(generally November through April) and/or Summer Season (generally June through August).
Self-Employed: A person who carries on a trade or business for profit as a sole proprietor or an
independent contractor; or a member of a partnership that carries on a trade or business. Such persons
must demonstrate a profit on an income tax return for at least three out of every five years. The trade
or business is required to provide goods and services to individuals, businesses or institutional
operations within Pitkin County.
Senior – See APCHA Senior definition.
Storage Space – Space within a dwelling unit intended and commonly utilized as a location for
preservation or later use or disposal of items. Such space must be used for storage purposes only and
shall not contain plumbing fixtures or mechanical equipment that support the principal residential use.
Student – A student enrolled in an accredited school full-time, and/or an intern who is a student or
recent graduate undergoing supervised practical training full-time and working in a temporary capacity
for a Pitkin County business; and/or a full-time combination of work in Pitkin County and school; such
student shall be 18 years of age or older.
Tenant – For purposes of these REGULATIONS, a person who is leasing or has leased a deed restricted
unit which is subject to these REGULATIONS, and any qualifying potential lessee or past lessee of any
such deed restricted unit.
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GUIDELINE APPENDICES
APPENDIX A
TO GO INTO EFFECT ON MARCH 1, 2020
APPROVED BY RESOLUTION NO. 11 (SERIES OF 2019)
SCHEDULE OF FINES
# Stage 1 Violation Fine Range**\
1 Failure to requalify by original deadline set by APCHA. $150 to $180
2 Failure to provide requested information to establish continued compliance by original
deadline set by APCHA. $150 to $180
3 Failure to provide Census Information by original deadline set by APCHA. $150 to $180
4
Failure to pay HOA assessments (general or special) after failing to cure delinquency. HOA
must follow collections policies and procedures under CCIOA before reporting owner to
APCHA.
$150 to $180
5 Failure to pay property taxes annually by the deadline imposed by Pitkin County. $150 to $180
6 Failure to allow the APCHA to inspect the property or unit as provided in the deed
restriction, after providing Owner with no less than 24 hours’ written notice. $150 to $180
7 Failure to get roommate approved prior to move-in. $150 to $180
8 Intentionally Left Blank $150 to $180
**Fines will be adjusted annually based upon the Consumer Price Index, All Items, U.S. City Average, Urban Wage Earners and Clerical
Workers (Current Series) published by the U.S. Department of Labor, Bureau of Labor Statistics. Fine amounts shall increase by an
amount based upon the CPI effective January 1 of each year. Stage 1 Violations will have 15 days to cure prior to assessing any fines.
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# Stage 2 Violation Fine Amount
1 Failure to requalify by Stage 1 NOV deadline. $400 to $480
2 Failure to provide requested information to establish continued compliance by Stage 1
NOV deadline. $400 to $480
3 Failure to provide Census Information by Stage 1 NOV deadline. $400 to $480
4 Failure to pay HOA assessments (general or special) by Stage 1 NOV deadline. $400 to $480
5 Failure to pay property taxes by Stage 1 NOV deadline. $400 to $480
6 Failure to maintain eligibility (generally). $ $400 to $4800600
7 Failure to obtain approved Leave of Absence (LOA). $400 to $480
8 Failure to provide APCHA with copy of signed lease prior to occupancy by tenant(s). $400 to $480
9 Failure to notify APCHA in writing of any default within five business days of Owner’s
notification; e.g., pending foreclosure.
$400 to $480
10 Failure to cure Stage 1 Violation. $400 to $480
11 Intentionally Left Blank $400 to $480
12 Intentionally Left Blank $400 to $480
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# Stage 3 Violation Fine Amount
1 Failure to requalify by Stage 2 NOV deadline. $1,000 - $1,200
2 Failure to provide requested information to establish continued compliance by
Stage 2 NOV deadline. $1,000 - $1,200
3 Failure to provide Census Information by Stage 2 NOV deadline. $1,000 - $1,200
4 Failure to pay HOA assessments (general or special) by Stage 2 NOV deadline. $1,000 - $1,200
5 Failure to pay property taxes by Stage 2 NOV deadline. $1,000 - $1,200
6 Failure to get lease approved in advance. $1,000 - $1,200
7 Charging rent up to $200 in excess of amount permitted by Deed Restriction
and/or Guidelines. $1,000 - $1,200
8 Exceeding maximum vacancy period of rental unit. $1,000 - $1,200
9 Failure to cure Stage 2 Violation or Pay Stage 2 Fine. $1,000 - $1,200
10 Intentionally Left Blank $1,000 - $1,200
11 Intentionally Left Blank $1,000 - $1,200
12 Intentionally Left Blank $1,000 - $1,200
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# Stage 4 Violation Fine Amount
1 Failure to requalify by Stage 3 NOV deadline. $2,500 - $3,000
2 Failure to provide requested information to establish continued compliance by
Stage 3 NOV deadline. $2,500 - $3,000
3 Failure to provide Census Information by Stage 3 NOV deadline. $2,500 - $3,000
4 Failure to pay HOA assessments (general or special) by Stage 3 NOV deadline. $2,500 - $3,000
5 Failure to pay property taxes by Stage 3 NOV deadline. $2,500 - $3,000
6 Failure to occupy unit as sole and exclusive place of residence. $2,500 - $3,000
7 Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families. $2,500 - $3,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines. $2,500 - $3,000
9 Owning other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines. $2,500 - $3,000
10 Use of premises for other than residential purposes. $2,500 - $3,000
11 Advertising rental without APCHA approval as required by Deed Restriction
and/or Guidelines. $2,500 - $3,000
12 Charging more than $200 in rent in excess of amount permitted by Deed
Restriction and/or Guidelines. $2,500 - $3,000
13 Failure to cure Stage 3 Violation or Pay Stage 3 Fine. $2,500 - $3,000
14 Intentionally Left Blank $2,500 - $3,000
15 Intentionally Left Blank $2,500 - $3,000
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# Stage 5 Violation Fine Amount
1 Failure to requalify by Stage 4 NOV deadline. $5,000 – $6,000
2 Failure to provide requested information to establish continued compliance by
Stage 4 NOV deadline. $5,000 - $6,000
3 Failure to provide Census Information by Stage 4 NOV deadline. $5,000 - $6,000
4 Failure to pay HOA assessments (general or special) by Stage 4 NOV deadline. $5,000 - $6,000
5 Failure to pay property taxes by Stage 4 NOV deadline. $5,000 - $6,000
6 Failure to occupy unit as sole place of residence during time unit is owned by Stage
4 NOV deadline. $5,000 - $6,000
7
Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families by Stage 4 NOV
deadline.
$5,000 - $6,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
9 Failing to list other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
10 Selling or conveying a property or unit without APCHA approval. $5,000 - $6,000
11 Encumbering property with debt in any form which exceeds at any time the
Maximum Resale Price of the Unit. $5,000 - $6,000
12 Permitting any use or occupancy of Unit not in compliance with the Deed
Restriction and/or Guidelines. $5,000 - $6,000
13 Making unauthorized improvements and/or failing to obtain building permit or
certificate of occupancy with respect to capital improvements. $5,000 - $6,000
14 Creating an additional dwelling unit as defined in the Pitkin County or City of
Aspen Land Use Codes, in or on the property. $5,000 - $6,000
15 Rental of all or part of a unit in violation of the Deed Restriction and/or
Guidelines. $5,000 - $6,000
16 Submitting false/inaccurate information. $5,000 - $6,000
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17 Failure by Non-Qualified Transferees to transfer Property or Unit to a Qualified
Buyer. $5,000 - $6,000
18 Using deed restricted property as income producing property. $5,000 - $6,000
19 Failure to list home by deadline after NOV becomes final. $5,000 - $6,000
20 Accepting any consideration which would cause an increase in the purchase price
above the bid price to induce an Owner to sell to a prospective buyer. $5,000 - $6,000
21 Fraud (as defined in Guidelines). $5,000 - $6,000
22 Selling or otherwise transferring Unit not in accordance with the Deed Restriction
and/or Guidelines. $5,000 - $6,000
23 Sell or otherwise transfer Unit for use in a trade or business. $5,000 - $6,000
24 Purchasing other developed residential property in OEZ while owning an APCHA
deed restricted property. $5,000 - $6,000
25 Failure to Cure Stage 4 Violation or Pay Stage 4 Fine. $5,000 - $6,000
26 Intentionally Left Blank $5,000 - $6,000
27 Intentionally Left Blank $5,000 - $6,000
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APPENDIX B – APCHA FEE SCHEDULE
FEE TYPE Charged Per Proposed Per Current Fee
Proposed
Fee
1 Ownership Application Fee (first time or > 2 years)Household 50$ 100$
2 Ownership Requalification Fee (>2 years) NEW Household 50$
3 Ownership Bid Submission Household 5$ 10$
4 First-time Tenant Long-Term Rental Application Household Working Adult 50$ 50$
5 Seasonal Rental Application Person Working Adult 35$ 35$
6 Rental Long-Term Rqualificsation (1x/2 years)Household Working Adult 35$ 50$
7 Listing Fee (non-fundable portin of sale fee)Household 600$ 750$
8 Sales Fee (balance paid at closing)Household
2% of Sales
Price
3% of
sales price
9
Ownership Transfer Fee (to immediate family
member)Household Household 100$ 1,000$
10 Capital Improvement (CI) Review and Site Visit*Household Household 50$ 100$
11 Centennal Rental App Fee (Mgt. referral fee)Agreement
12 Leave of Absence Request (NEW)
Household/
year -$ 50$
13 Emergency Worker Referral (NEW)Requester -$ 50$
14 Land Use Referral Fee (City and County)
*If the owner is selling the home, the CI fee is not charged as it is part of the sales fee.
PROPOSED FEES FOR 2020
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APPENDIX C
METHODOLOGY FOR
CALCULATING AMI INCOME LIMITS AND NET ASSETS
APPROVED BY RESOLUTION NO. 02 (SERIES OF 2017)
CALCULATING AMI INCOME LIMITS
Maximum gross incomes per household are based on the annually published
department of housing and urban development (HUD) Pitkin County area median
income (AMI). The maximum gross incomes, by household size, per category are
outlined in Table II. The figures in Table II are calculated by multiplying the most
current Pitkin County AMI by the top AMI percentage allowed per category in Table
I. The resulting figures present the maximum gross income for a 4-person household
allowed for all categories. To calculate the maximum gross incomes for all household
sizes, the 4-person household maximum gross incomes are adjusted using the AMI
household size adjustment established by HUD. Annual adjustments will be made upon
publication of the most current Pitkin County AMI published by HUD.
CALCULATING NET ASSETS
The maximum net assets allowed per category are outlined in Table II. The figures in
Table II are calculated by multiplying the maximum sales price for newly deed-
restricted single-family home detached per category, outlined in Table III, by 150%.
Annual adjustments will reflect the changes in maximum sales price for newly deed-
restricted single-family home detached per category. Because there is no maximum
sales price for newly deed-restricted single-family home detached for the Resident-
Occupied (RO) category, the maximum net assets allowed for category RO will
increase annually based on the lesser of the percentage change in consumer price index
(urban wage earners) from November of one year to November of the following year,
or 3%, whichever is less. The final calculated figures for all categories are rounded to
the nearest $5,000.
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APPENDIX D
SUPPLEMENTAL GUIDANCE
APPROVED BY APCHA BOARD ON JULY 6, 2016
Marketability Standards
APCHA Guidelines (2016)
Purpose
The Aspen/Pitkin County Housing Authority (APCHA) and the City of Aspen (CoA) seek to provide
supplemental guidance to the Housing Guidelines’ existing Marketability Standards (Part III, Section 6 (B))
required for converting free market single family, duplex, and multi-family dwelling units into affordable
deed restricted workforce housing through the use of Certificates of Affordable Housing Credit (Housing
Credits) and/or buy-downs.
Policy Issue
The Housing Guidelines’ Marketability Standards lack minimum guidance for converting and improving
older free market dwelling units into newly renovated deed restricted affordable housing. Marketability
standards are broadly interpreted to mean building, livability, and marketability standards.
Policy Goal
To ensure that older free market dwelling units renovated and converted to newly deed restricted workforce
affordable housing should meet basic building code requirements from original Certificate of Occupancy,
along with upgrades to improve livability, life safety, environmental, energy, and sustainability standards.
To also ensure that any free market developer attempting to develop afford able housing through the
Housing Credits program or through buy-downs provide newly renovated affordable housing that is
affordable, long-term, and appropriate in value with respect to the Certificates or Credits received from the
City of Aspen.
Background and Regulatory Authority
Recent changes to Fee-In-Lieu (FIL) mitigation requirements have increased private sector interest for
converting older free market dwelling units into newly deed restricted workforce affordable housing
through Housing Credits.
At its regular board meeting on March 2, 2016, the APCHA Board of Directors asked staff to propose new
minimum standards under the Housing Guidelines for conversion projects using Housing Credits.
Part III of the Housing Guidelines establishes policies and procedures for affordable housing development
and redevelopment. For example, Part III, Section 5 of the Housing Guidelines establishes Net Minimum
Livable Square Footage for affordable housing units for construction and conversion.
The Guidelines require that all new affordable housing development must include a capital reserve study
as part of the initial HOA documents, as well as a separate capital reserve fund; and that all HOA documents
require the establishment and maintenance of a capital reserve fund.
The APCHA requires a written ‘pre-occupancy inspection’ by a certified building inspector, architect
and/or engineer confirming that any construction or conversion is compliant with applicable codes.
However, the Guidelines are silent on what a written inspection report should include.
The Housing Guidelines’ Marketability Standards require new and converted housing units to be in
“marketable condition” prior to sale. Part III, Section 6B states:
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The applicant shall bear the costs and expenses of any required upgrades to meet the standards below,
as well as any structural/engineering reports required by APCHA to assess the suitability for
occupancy, as follows:
• All interior walls must be freshly painted;
• Interior appliances must be less than five years old and in good condition and repair;
• Carpets must be less than five years old, in good condition and repair, or replaced if in lesser
condition;
• Windows, heating, plumbing and electrical systems, fixtures and equipment must be in good
condition and working order and brought up to the current code utilized by the Community
Development Department;
• All exterior walls must be freshly painted within the previous year;
• Landscaping and yard must be in satisfactory condition;
• Roof must be in good repair with remaining useful life of at least ten (10) years; and
• HOA documents; i.e., Articles of Incorporation, By-Laws, and Condominium Declarations, must
be approved by APCHA.
Unfortunately, these standards are insufficient because they do not guar antee the long-term useful life,
affordability, and safety of converted affordable housing.
Overarching Goals for Building, Livability and Marketability Standards
Responding to the lack of guidance found in the Housing Guidelines, in addition to the deve lopment
requirements stated herein, the following proposed recommendations are intended to strengthen and
improve APCHA’s existing building, livability and marketability standards.
The APCHA staff recommends that Housing Credits proposals to convert existing free market units into
deed restricted employee housing should be:
1) Structurally sound;
2) Meet original building codes; and
3) Achieve an overall general physical condition rating of “very good” by a certified construction
inspector.
The “effective age” of a Housing Credits conversion project should be no older than ten or fifteen (10 or
15) years old (as defined by Marshall & Swift Residential Cost Handbook, 2014) and should have a
minimum “Remaining and/or Estimated Useful Life” (RUL/EUL) of seventy -five percent (75%) for all
major and essential components.
Conventional 30-year fixed loan requirements may also require the project to not have a Remaining Useful
Live (RUL) of less than 30 years.
Housing Credits conversion or buy down projects should also satisfy original building codes at the time of
the original building permit; meet minimum net livable square footage provided for in Table VI of the
Housing Guidelines; and any additional requirements set forth by the City.
Non-conforming dwelling units, buildings, or sites should be eligible on a case-by-case basis.
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Supplemental Guidance for Redevelopment Requirements
APCHA requires that any Housing Credits or Buy-Down affordable housing conversion project must:
• Conduct a Project Capital Needs Assessment (PCNA) by an independent, 3rd party certified
construction inspector (e.g. a credentialed Building Performance Institute professional) and
provide to CoA and APCHA for review and comment:
o The PCNA shall be conducted in accordance with ASTM E-2018-08 Standard Guide for
Property Condition Assessments: Baseline Property Condition Assessment Process, the
U.S. Department of Housing and Urban Development Multifamily Accelerated
Processing (MAP) Guide, Chapters 5 and 6, revised November 23, 2011, the Housing
Notice 2012-27, and the Mortgagee Letter 2012-25 Revised Requirements (including
FAQ-PCNA Guidance) for Project Capital Needs Assessments;
• Receive a 3rd Party Energy Audit (e.g. CORE) and Report and provide it to CoA and APCHA;
• Provide structural integrity and sufficient modernization as recommended by CoA Building
Department and/or HUD Minimum Property Standards;
• Have a minimum 75% “Remaining and/or Estimated Useful Life” for all major and/or essential
components;
• Provide an up-to-date reserve study prepared by a qualified, independent professional reserve
specialist or engineer, accompanied by an engineer's report, or functional equivalent. The report
must comment favorably on the structural integrity of the project and the remaining useful life of
the major and essential project components, such as:
o Overall General Description of Site (e.g. topography, storm and water drainage, access
and egress, paving and parking, etc.);
o Structural Frame and Building Envelope (e.g. foundation, building frame and facades,
roof and roof drainage);
o Mechanical and Electrical Systems (e.g. plumbing and heating systems, HVAC, and
electrical systems);
o Vertical Transportation (e.g. conveyance systems);
o NFPA – Life Safety Systems (e.g. sprinklers and alarm systems);
o Interior Elements (e.g. common areas, tenant spaces/dwelling units);
o Additional/Out of Scope Considerations (e.g. code and environmental issues,
accessibility issues, owner proposed improvements);
o Repair and Reserve Study.
• Provide a capital reserve study and savings plan establishing:
o A capital reserve fund balance containing the depreciation or replacement cost of any
major components listed within the capital reserve study prior to approval;
o That all critical and non-critical repairs have been identified;
o A corrective action plan for any accessibility deficiencies identified;
o Funds to cover the total cost of any items identified in the reserve study or engineer's
report that need to be replaced within 5 years from the date of the study must be
deposited in the HOA's reserve account, in addition to the amount stated immediately
above; and
o A utility contingency of at least 10% of the previous year's utility costs if the utilities are
not separately metered;
• All deficiencies determined by the inspections listed above shall be rectified and/or addressed in
full or at the discretion of the APCHA Board and the City of Aspen.
• All rehabilitation work for a conversion project must be completed in a professional manner.
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Regulatory Considerations and Requirements
• Affordable housing conversion projects, and any additional requirements resulting from the
project Scope of Work, should consult the most recent edition of the International Existing
Building Code (IEBC) published by the International Code Council, Inc. The IEBC establishes
minimum regulations for existing buildings using prescriptive and performance-related
provisions. The IEBC is designed to meet the need for a modern, up-to-date code addressing
repair, alteration, addition or change of occupancy in existing buildings through model code
regulations that safeguard the public health and safety in all communities, large and small.
• HUD’s Physical Needs Assessment (PNA) of public housing authorities uses a 20-year planning
horizon.
• According to HUD, Physical Needs Assessments (PNAs) have been the standard method for
determining capital needs in the real estate industry and remains a vital way for property
managers to plan for necessary capital improvements.
• HUD believes it is important for property owners with significant public housing inventories to
make such assessments.
• Consulting HUD’s Green Physical Needs Assessment (GPNA) Tool:
▪ Components are divided into five categories:
1. Site
2. Building Exterior
3. Building Systems
4. Common Areas
5. Units
▪ Aggregated capital needs can be identified in several areas:
1. Replacement needs
2. Refurbishment needs
3. Accessibility needs
4. Marketability/livability needs
5. Sustainability needs
• Basic Code Requirements:
▪ CO detector
▪ Smoke detector
▪ Must meet requirements from original Certificate of Occupancy (CO):
1. Minimum and legal egress
2. No bandit units
3. Separate utility metering
4. Occupancy separation
5. Fire resistive construction
• Beyond basic code requirements and life and safety improvements, the project should attempt to
provide adequate:
▪ On-site parking
▪ Storage
▪ Outdoor living space
▪ Indoor Environmental Quality (IEQ)
1. Fresh and clean indoor air
2. Quiet space and privacy between units and daylighting into primary living spaces
3. Security
4. Accessibility
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5. Efficient ME, PL and EL Systems
Key Terms
Buy-Down Unit: A free market unit that the government (City of Aspen, Pitkin County, or APCHA) and/or
private sector acquires and deed restricts to affordable housing in accordance with these Guidelines.
Capital Needs Assessment (CNA): A Capital Needs Assessment is a road map to understanding the life
expectancy and cost of major items needed to maintain a property.
A CNA provides an inspection of a property giving an estimate of maintaining it over a 5 - to 20-year time
span. The CNA sets up a budget for the projected amount of years and informs of immediate needs of the
property. This data determines the remaining useful life (RUL) of major items.
A Capital Needs Assessment is a plan to address existing deferred maintena nce within a multifamily
property and what is required to modernize and rehabilitate it to ensure that all the needs of the property
are addressed well into the future.
Measures of Capital Needs:
• Existing Needs are the costs of repairs and replacements beyond ordinary maintenance required
to make the housing decent and economically sustainable.
• Accrual Needs are the costs needed each year to cover expected ongoing repairs and replacements
beyond ordinary maintenance assuming that all existing needs are met.
Certificate of Affordable Housing Credit (Housing Credits), Chapter 26.540 City of Aspen Land Use
Code: A Certificate of Affordable Housing Credit is issued to the developer of affordable housing that is
not required for mitigation. Another entity can purchase such a Certificate and use it to satisfy housing
mitigation requirements. Establishing this transferable Certificate creates a new revenue stream that can
make the development of affordable housing more economically viable. Establishing this transferable
Certificate also establishes an option for mitigation that reflects built and occupied affordable housing,
thereby offsetting the impacts of development before those impacts are felt.
Depreciation: the loss in value due to any cause. It is the difference between the market value of a structural
improvement or piece of equipment and its reproduction or replacement cost as of the date of valuation.
(Source: Residential Cost Handbook, Marshall & Swift; 2017)
Categories of Depreciation:
• Physical depreciation is loss in value due to physical deterioration.
• Functional or technical obsolescence is loss in value due to lack of utility or desirability of part or
all the property, inherent to the improvement or equipment thus a new structure or piece of
equipment may suffer obsolescence when built.
• External, locational or economic obsolescence is loss in value due to causes outside the property
and independent of it and is not included in the tables.
Effective Age of a property is its age as compared with other properties performing like functions. It is the
actual age less any years that have been taken off by face-lifting, structural reconstruction, removal of
functional inadequacies, etc. (Source: Residential Cost Handbook, Marshall & Swift; 2017)
Use the following steps to determine the effective age of a residence:
• Typical Life: Determine the residence's Typical Life, based on its type, exterior wall type and
quality, using the "Typical Lives" table contained in Section E of the Residential Cost
Handbook (and duplicated in the help for Typical Life).
• Remaining Useful Life: Estimate the building's remaining useful life, based on an evaluation of
its condition, construction quality, actual age and any renovations or repairs that have been made.
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• Effective Age: Subtract the remaining useful life from the Typical Life to obtain the Effective
Age.
Example of determining effective age:
For a good quality, single-family residence built 30 years ago with frame exterior walls, the
following renovations and repairs have been completed:
• The electrical system was replaced 10 years ago.
• The heating plant was replaced 4 years ago.
• The roof was repaired 8 years ago.
• The interior was completely renovated 10 years ago, with new floor covering, wall finish
and plumbing fixtures.
• Based on the dwelling's current good condition and a subjective evaluation of the effect of
these changes, you estimate that the remaining useful life is now 45 years. The Typical Life
for this residence is 55 years (see Typical Life). Therefore, the effective age is:
Typical Building Life 55 years
Minus: Remaining Useful Life -45 years
Effective Age 10 years
The entry of Effective Age is optional, except if you select either of the following options for
calculating Physical and Functional Depreciation:
• Using Marshall & Swift Tables: With this option, Residential Estimator calculates the amount
of normal physical and functional depreciation using the depreciation schedule in the Residential
Cost Handbook, based on the occupancy, construction class and quality in addition to effective
age.
• Age/Life (Straight Line): With this option, Residential Estimator calculates the amount of
physical and functional depreciation by dividing the Effective Age by the Typical Life.
Gut rehabilitation: refers to the renovation of a property down to the shell of the structure, including the
replacement of all HVAC and electrical components (unless the HVAC and electrical components are up
to current code).
Project Capital Needs Assessment: The U.S. Department of Housing and Urban Development (HUD)
requires Project Capital Needs Assessments (PCNAs) for rehabilitation construction
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POLICY MEMORANDUM
TO: APCHA Board of Directors
FROM: Mike Kosdrosky, Executive Director
MEETING DATE: November 20, 2019
RE: Public Hearing of Resolution No. 11 (Series of 2019), Adopting Amendments to the
Aspen/Pitkin Employee Housing Guidelines Creating Civil Penalties and Fines
ISSUE(S):
APCHA’s compliance and enforcement tools are inadequate, short of forcing the sale of a deed restricted
home or the termination of a deed restricted rental lease, to effectively promote program responsibility,
integrity, and public trust.
PURPOSE:
To adopt a Schedule of Fines as part of the APCHA’s Employee Housing Guidelines as one of several
enforcement options within the Guidelines to guarantee compliance with the rules of the program and with
the individual deed restrictions.
BACKGROUND:
At its Regular Meeting held November 6, 2019, the APCHA Board approved at 1st reading Resolution No. 11
(Series of 2019), Adopting Amendments to the Aspen/Pitkin Employee Housing Guidelines creating Civil
Penalties and Fines. The Board requested an amendment revising the ranges at 20% for all Stages.
DISCUSSION:
There are five stages of violations and fines. Stage 1 violations include the least severe compliance violations
while Stage 5 violations are considered the most severe compliance violations. Each Notice of Violation stage
allows for a 15-day cure period from the time of Notice of Violation (NOV)1, which can carry over into all five
levels of the Schedule of Fines, giving alleged violators (in all but the most severe cases or if violation can no
longer be cured) more time to cure or appeal an alleged violation prior to potentially forfeiting their deed
restricted home or rental unit.
Fines are meant to deter households benefiting from affordable housing from breaking the rules. Through
public education and outreach, APCHA will communicate expectations for program compliance and will give
the public advance notice of fines prior to implementation. The more severe the violation, the steeper the fine.
Upon approval, staff requests putting fines into full effect starting March 1, 2020, after several months of public
notice and outreach via several communications mediums like newspaper ads, websites, and email blasts.
1 At the Board’s request, prior to issuing a NOV, APCHA has the discretion to issue a Notice of Investigation (NOI) if
deemed necessary to determine if a violation occurred. In most cases, this would give alleged violators an additional
15 days to cure or appeal an allegation during the official NOV process.
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REQUEST:
Staff requests Board approval at public hearing Resolution No. 11 (Series of 2019), Adopting Amendments to
the Aspen/Pitkin Employee Housing Guidelines creating Civil Penalties and Fines, effective March 1, 2020.
Attachments: Resolution No. 11 (Series of 2019)
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Resolution No. 11
(Series of 2019)
A RESOLUTION OF THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY BOARD
ADOPTING AMENDMENTS TO THE ASPEN/PITKIN EMPLOYEE HOUSING GUIDELINES
ADOPTING CIVIL PENALITIES AND FINES
RECITALS
WHEREAS, the Executive Director of the Aspen/Pitkin County Housing Authority, a multi-
jurisdictional housing authority (hereinafter referred to as “APCHA”) established pursuant to the
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND PITKIN COUNTY
ESTABLISHING THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY dated May 13, 2019 and
recorded on June 27, 2019 at Reception No. 656927 of the records of the Pitkin County Clerk and Recorder's
Office (hereinafter referred to as the "IGA"), has proposed amendments to the Aspen/Pitkin County
Employee Housing Guidelines (hereinafter referred to as “Guidelines”) pursuant to paragraph III.C.2 of
the IGA; and
WHEREAS, pursuant to the IGA, the APCHA will bring forward to the Aspen/Pitkin County
Housing Authority Board of Directors (hereinafter referred to as the “APCHA Board”) deletions, additions
and amendments to the Guidelines for final approval in a resolution with public comment through a public
hearing process;
WHEREAS, the adoption of further amendments to the Guidelines has been recommended to the
APCHA Board, a copy of which is annexed hereto and incorporated herein, which amendments set forth
inter alia, establishing a third-party Hearing Officer to hear appeals of Notice of Violations, Special
Reviews, Grievances; and
WHEREAS, the APCHA Board desires to adopt said amendments to the Guidelines pursuant to
paragraph III.C.2.b of the IGA; and
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WHEREAS, by the enactment of this Resolution, the amendments contained in this Resolution
will supersede and amend prior resolutions and ordinances of the City and County pertaining to housing
guidelines.
NOW, THEREFORE, BE IT RESOLVED BY THE APCHA BOARD OF DIRECTORS:
Section 1
That the APCHA hereby adopts the amendments to the Aspen/Pitkin County Employee Housing
Guidelines, dated 2019, a copy of the Amendments is annexed hereto and incorporated herein.
Section 2
If any section, subsection, sentence, clause, phrase or portion of this Resolution or the Guidelines
approved hereby is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 3
Nothing in this Resolution shall be construed to affect any right, duty or liability under any resolution
or ordinance in effect prior to the effective date of this Resolution, and the same shall be continued and
concluded under such prior ordinances and resolutions.
Section 4
A public hearing on the Resolution shall be held on the 20th day of November 2019, in the Pitkin
County Commissioners Meeting Room, 530 East Main Street, 1st Floor, Aspen, Colorado.
INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the APCHA, on
the 6th day of November 2019.
_______________________________________
John Ward, Chairperson
ATTEST:
__________________________________
Michael Kosdrosky, Secretary
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Adopted, passed and approved this 20th day of November 2019 by the APCHA Board of Directors.
The Schedule of Fines will go into effect on March 1, 2020.
______________________________________
John Ward, Chairperson
ATTEST:
________________________________
Michael Kosdrosky, Secretary
Attachment: Exhibit A”
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EXHIBIT A
SCHEDULE OF FINES
# Stage 1 Violation Fine Range**\
1 Failure to requalify by original deadline set by APCHA. $150 to $180
2 Failure to provide requested information to establish continued compliance by original
deadline set by APCHA. $150 to $180
3 Failure to provide Census Information by original deadline set by APCHA. $150 to $180
4
Failure to pay HOA assessments (general or special) after failing to cure delinquency. HOA
must follow collections policies and procedures under CCIOA before reporting owner to
APCHA.
$150 to $180
5 Failure to pay property taxes annually by the deadline imposed by Pitkin County. $150 to $180
6 Failure to allow the APCHA to inspect the property or unit as provided in the deed
restriction, after providing Owner with no less than 24 hours’ written notice. $150 to $180
7 Failure to get roommate approved prior to move-in. $150 to $180
8 Intentionally Left Blank $150 to $180
**Fines will be adjusted annually based upon the Consumer Price Index, All Items, U.S. City Average, Urban Wage Earners and Clerical
Workers (Current Series) published by the U.S. Department of Labor, Bureau of Labor Statistics. Fine amounts shall increase by an
amount based upon the CPI effective January 1 of each year. Stage 1 Violations will have 15 days to cure prior to assessing any fines.
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# Stage 2 Violation Fine Amount
1 Failure to requalify by Stage 1 NOV deadline. $400 to $480
2 Failure to provide requested information to establish continued compliance by Stage 1
NOV deadline. $400 to $480
3 Failure to provide Census Information by Stage 1 NOV deadline. $400 to $480
4 Failure to pay HOA assessments (general or special) by Stage 1 NOV deadline. $400 to $480
5 Failure to pay property taxes by Stage 1 NOV deadline. $400 to $480
6 Failure to maintain eligibility (generally). $ $400 to $4800600
7 Failure to obtain approved Leave of Absence (LOA). $400 to $480
8 Failure to provide APCHA with copy of signed lease prior to occupancy by tenant(s). $400 to $480
9 Failure to notify APCHA in writing of any default within five business days of Owner’s
notification; e.g., pending foreclosure.
$400 to $480
10 Failure to cure Stage 1 Violation. $400 to $480
11 Intentionally Left Blank $400 to $480
12 Intentionally Left Blank $400 to $480
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# Stage 3 Violation Fine Amount
1 Failure to requalify by Stage 2 NOV deadline. $1,000 - $1,200
2 Failure to provide requested information to establish continued compliance by
Stage 2 NOV deadline. $1,000 - $1,200
3 Failure to provide Census Information by Stage 2 NOV deadline. $1,000 - $1,200
4 Failure to pay HOA assessments (general or special) by Stage 2 NOV deadline. $1,000 - $1,200
5 Failure to pay property taxes by Stage 2 NOV deadline. $1,000 - $1,200
6 Failure to get lease approved in advance. $1,000 - $1,200
7 Charging rent up to $200 in excess of amount permitted by Deed Restriction
and/or Guidelines. $1,000 - $1,200
8 Exceeding maximum vacancy period of rental unit. $1,000 - $1,200
9 Failure to cure Stage 2 Violation or Pay Stage 2 Fine. $1,000 - $1,200
10 Intentionally Left Blank $1,000 - $1,200
11 Intentionally Left Blank $1,000 - $1,200
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# Stage 4 Violation Fine Amount
1 Failure to requalify by Stage 3 NOV deadline. $2,500 - $3,000
2 Failure to provide requested information to establish continued compliance by
Stage 3 NOV deadline. $2,500 - $3,000
3 Failure to provide Census Information by Stage 3 NOV deadline. $2,500 - $3,000
4 Failure to pay HOA assessments (general or special) by Stage 3 NOV deadline. $2,500 - $3,000
5 Failure to pay property taxes by Stage 3 NOV deadline. $2,500 - $3,000
6 Failure to occupy unit as sole and exclusive place of residence. $2,500 - $3,000
7 Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families. $2,500 - $3,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines. $2,500 - $3,000
9 Owning other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines. $2,500 - $3,000
10 Use of premises for other than residential purposes. $2,500 - $3,000
11 Advertising rental without APCHA approval as required by Deed Restriction
and/or Guidelines. $2,500 - $3,000
12 Charging more than $200 in rent in excess of amount permitted by Deed
Restriction and/or Guidelines. $2,500 - $3,000
13 Failure to cure Stage 3 Violation or Pay Stage 3 Fine. $2,500 - $3,000
14 Intentionally Left Blank $2,500 - $3,000
15 Intentionally Left Blank $2,500 - $3,000
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# Stage 5 Violation Fine Amount
1 Failure to requalify by Stage 4 NOV deadline. $5,000 – $6,000
2 Failure to provide requested information to establish continued compliance by
Stage 4 NOV deadline. $5,000 - $6,000
3 Failure to provide Census Information by Stage 4 NOV deadline. $5,000 - $6,000
4 Failure to pay HOA assessments (general or special) by Stage 4 NOV deadline. $5,000 - $6,000
5 Failure to pay property taxes by Stage 4 NOV deadline. $5,000 - $6,000
6 Failure to occupy unit as sole place of residence during time unit is owned by Stage
4 NOV deadline. $5,000 - $6,000
7
Failure to use and occupy unit exclusively to house persons who meet the
definition of Qualified Resident(s) (owner(s)) and their families by Stage 4 NOV
deadline.
$5,000 - $6,000
8 Failure to work full-time in Pitkin County as required by Deed Restriction and/or
Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
9 Failing to list other developed residential property in OEZ in violation of Deed
Restriction and/or Guidelines by Stage 4 NOV deadline. $5,000 - $6,000
10 Selling or conveying a property or unit without APCHA approval. $5,000 - $6,000
11 Encumbering property with debt in any form which exceeds at any time the
Maximum Resale Price of the Unit. $5,000 - $6,000
12 Permitting any use or occupancy of Unit not in compliance with the Deed
Restriction and/or Guidelines. $5,000 - $6,000
13 Making unauthorized improvements and/or failing to obtain building permit or
certificate of occupancy with respect to capital improvements. $5,000 - $6,000
14 Creating an additional dwelling unit as defined in the Pitkin County or City of
Aspen Land Use Codes, in or on the property. $5,000 - $6,000
15 Rental of all or part of a unit in violation of the Deed Restriction and/or
Guidelines. $5,000 - $6,000
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16 Submitting false/inaccurate information. $5,000 - $6,000
17 Failure by Non-Qualified Transferees to transfer Property or Unit to a Qualified
Buyer. $5,000 - $6,000
18 Using deed restricted property as income producing property. $5,000 - $6,000
19 Failure to list home by deadline after NOV becomes final. $5,000 - $6,000
20 Accepting any consideration which would cause an increase in the purchase price
above the bid price to induce an Owner to sell to a prospective buyer. $5,000 - $6,000
21 Fraud (as defined in Guidelines). $5,000 - $6,000
22 Selling or otherwise transferring Unit not in accordance with the Deed Restriction
and/or Guidelines. $5,000 - $6,000
23 Sell or otherwise transfer Unit for use in a trade or business. $5,000 - $6,000
24 Purchasing other developed residential property in OEZ while owning an APCHA
deed restricted property. $5,000 - $6,000
25 Failure to Cure Stage 4 Violation or Pay Stage 4 Fine. $5,000 - $6,000
26 Intentionally Left Blank $5,000 - $6,000
27 Intentionally Left Blank $5,000 - $6,000
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196