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Home My WebLink Aboutordinance.council.045-13 Ordinance No.45 (Series of 2013) AN ORDINANCE ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTY AFFORDABLE HOUSING GUIDELINES WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the housing income, eligibility guidelines and housing price guidelines are established by the City Council; and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established employee housing income eligibility guidelines and housing price guidelines for prior years; and WHEREAS, the Adopting Amendments to the Affordable Housing Guidelines (hereinafter"Guidelines") has been recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of the sections which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the employee housing qualification guidelines for Category 1 through 7 and RO ownership, rental housing projects, lodge and commercial development, and development of residential housing units; and WHEREAS, the City Council desires to adopt said Amendments to the Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines, but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: Ordinance No.45(Series2013) 1 Section 1 That the City Council of the City of Aspen hereby adopts the Amendments to the Employee Housing Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, a copy of said amendments is annexed hereto and incorporated herein as Exhibits A, B and C. Section 2 That the regulations and Guidelines set forth and adopted herein shall supersede, to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinance pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the Ordinance shall be held on the 11th day of November 2013, in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 28h day of October 2013. , r Steven on, ayor ATTEST: A2 Kathryn S. K9' , City C erk Ordinance No.45(Series2013) 2 FINALLY adopted,passed and approved this 1 'day of November 2013. Steve ii kadron,l,,Mayor ATTEST: Kathryn S. K 71,ity Clerk I Ordinance No.45(Series2013) 3 EXHIBIT "A" PART li. RENTING EMPLOYEE HOUSING SECTION 7 RETIRING INAPCHA RENTAL HOUSING The status of Renters/Tenants residing in APCHA Employee Housing Units shall be reviewed and verified on a biyearly (every two years) basis to ensure they continue meet the requirements of the Guidelines, including, but not limited to: • Minimum Occupancy • Income and Asset Requirements • Employment • Non-ownership of developed residential property in the Ownership Exclusion Zone RenterslTenants can retire upon reaching retirement age, as defined in the Guidelines. However, renters/tenants must continue to reside in the unit at least nine (9) months out of the calendar year and not own any other developed property within the ownership exclusion zone. Ordinance No.45(Series2013) 4 EXHIBIT "B" PART IIL PURCHASING EMPLOYEE HOUSING SECTION 6 RETIRING INAPCHA OWNERSHIP HOUSING An APCHA qualified owner/retiree may live out their years in APCHA housing without any requirement to be employed. They may choose to work as few or as many hours as they wish without jeopardizing their APCHA housing. The qualified owner/retiree must, however, do the following: • 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 Part , Section • Continue to not own other developed residential property in the ownership exclusion zone. • Owner has corroborated with APCHA that they meet the APCHA qualified retiree criteria. APCHA qualified retiree/Owners continue to be required to complete and sign a Requalification Affidavit on a biyearly (every two years) basis. An owner may retire at such time the owner qualifies as defined in the Guidelines, as they are amended from time to time. The owner may request a leave of absence and rent the home out for up to six months each year. See Part Section for the specific requirements pertaining to this leave of absence. 1 EXHIBIT "C" PART X. DEFINITIONS • Qualified Retiree in APCHA Housing: A person who has reached the retirement age as defined in the Guidelines and who has worked the prerequisite amount of hours stipulated in the Guidelines for at least four (4) consecutive years immediately prior to becoming a retiree. • Retirement Age for APCHA Housing: A tenant or owner can qualify to become an APCHA retiree at such time he/she reaches the age to receive full (100%) benefits as determined by the US Social Security Administration (see below) or as stipulated in their deed restriction. Any escalation of the full retirement age approved by the US Social Security Administration will not be automatic to the APCHA program; any increase 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 1960 and later 67 • APCHA Senior: An APCHA senior is defined as someone who is 65 years or older. An APCHA senior is allowed to have up to 150% of the net assets allowed at the top of their applicable income category where they are applying to reside or currently residing. 2 EXHIBIT "C" PART X. DEFINITIONS • Oualilied Retiree in APCHA Housing: A person who has reached the retirement age as defined in the Guidelines and who has worked the prerequisite amount of hours stipulated in the Guidelines for at least four (4) consecutive years immediately prior to becoming a retiree. • Retirement Age for APCHA Housing: A tenant or owner can qualify to become an APCHA retiree at such time he/she reaches the age to receive full (100 01o) benefits as determined by the US Social Security Administration (see below) or as stipulated in their deed restriction. Any escalation of the full retirement age approved by the US Social Security Administration will not be automatic to the APCHA program; any increase 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 1960 and later 67 • APCHA Senior: An APCHA senior is defined as someone who is 65 years or older. An APCHA senior is allowed to have up to 150% of the net assets allowed at the top of their applicable income category where they are applying to reside or currently residing. 2