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ordinance.council.014-93
ORDINANCE NO. /~ (Series of 1993) AN ORDINANCE ADOPTING THE 1993 AFFORDABLE RESIDENT HOUSING GUIDELINES AS RECOMMENDED BY THE ASPEN/PITKIN COUNTY HOUSING AUTHORITY WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the Housing Income, Eligibility Guidelines, and Housing Price Guidelines are to be 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 1993 Affordable Resident Housing Guidelines ("Guidelines") recommended by the Board of Directors of the Housing Authority of the City of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the 1993 Housing Authority qualification guidelines for low, moderate, and middle income ownership, rental housing projects, lodge and commercial development, and development of affordable residential housing units; and WHEREAS, the City Council desires to adopt said 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. MOW~ ?HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby adopts the 1993 Affordable Housing Guidelines, as recommended by the Board of Directors of the Housing Authority of the City of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein. 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 ordinances 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 ordinances 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 / ~ day of ~ , 1993, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day of~~ 1993. 'i John B , Mayor ATTEST: Kathryn S~och, City Clerk~ </~ FIN~L~ LY adopted, passed and approved this /5 day of _ , 1993. John ~nnett, Mayor ATTEST: ~y~- S//Koch,/C~y Clerk ASPEN/PITKIN COUNTY HOUSING OFFICE 1993 AFFORDABLE HOUSING GUIDELINES Effective Date April 1, 1993 TABLE OF CONTENTS Paqe TABLE OF CONTENTS ...................................................... i PURPOSE ............................................................... 1 HOUSING BOARD POLICY STATEMENT ........................................ 2 PART I. AFFORDABLE HOUSING CATEGORIES SECTION 1. Income Categories ............................................ 3 SECTION 2. Resident Occupied Units and Qualifications ......................... 4 PART 11. RENTING, PURCHASING OR SELLING AFFORDABLE HOUSING SECTION 1, Qualifications to Ren( or Purchase Affordable Housing ................. 5 SECTION 2. How to Qualify for Affordable Housing (Rental or Purchase) ............. ' 6 SECTION 3. Priorities for Persons Desiring to Rent an Affordable Housing Unit ......... 7 SECTION 4. Procedures for Sale and Purchase of an Affordable Housing Unit ......... 8 SECTION 5. Priorities for Persons Bidding to Purchase an Affordable Housing Unit ..... 10 SECTION 6. Leave of Absence for Owners of Affordable Housing Units .............. 12 PART Iii. INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING SECTION 1. Net Minimum Livable Square Footage for Newly Deed Restricted Affordable Housing Units ....................................... 13 SECTION 2. Maximum Sales Prices for Newly Deed Restricted Affordable Housing Units and for Affordable Lots .............................. 14 SECTION 3. Maximum Monthly Rental Rates for Newly Deed Restricted Affordable Housing Units ....................................... 15 SECTION 4. Requirements for Dormitory/Lodge (Seasonal Units) ................... 16 .P. are SECTION 5. Affordable Housing Dedication Fee (Payment-in-Lieu Fee) ............... 17 SECTION 6, Conveyance of Vacant Lots ........... .~ ~ ........................ 17 SECTION 7. Deed Restricting Existing Dwelling Units ' 18 SECTION 8. Execution of Deed Restrictions by Applicants ........................ 18 PART W. MAXIMUM ANNUAL RENT INCREASE FOR EXISTING DEED RESTRICTED RENTAL UNITS ....................................... 20 PART V. SHOW CAUSE HEARING PROCEDURES .............................. 23 PART VI. GRIEVANCE PROCEDURES ........................................ 24 PART VII. DEFINITIONS ................................................... 27 PART VIII. APPENDIX A. Listing of Principal Sales Projects and income Categories B. Listing of Principal Rental Projects and income Categories C. Listing of Principal Rental Projects and Property Managers PURPOSE 'TO ASSURE THE EXISTENCE OF A SUPPLY OF DESIRABLE AND AFFORDABLE HOUSING FOR PERSONS EMPLOYED IN PITKIN COUNT'f, SENIOR CITIZENS, THE DISABLED, AND OTHER QUALIFIED PERSONS OF PITKIN COUNTY WHICH A, RE' NECESSARY FOR A BALANCED COMMUNI'F'r',' ~ ' - Aspen/Pitkin County Housing Authority's Goal - (Originally Adopted 1983) Each year the Aspen/Pitkin County Housing Authority ("APCHA") establishes guidelines which govern the development of, admission to and occupancy of deed restricted affordable housing units for Aspen and Pitkin County. The guidelines support the APCHA's Goal and are not intended to supersede the appropriate City or County Land Use Codes or the Uniform Building Code. The 1993 Affordable Housing Guidelines respond to housing needs in Aspen and Pitkin County as identified by the APCHA. The guidelines are used to review land use applica- tions, establish affordable rental rates and sales prices, establish criteria for admission and occupancy, and to develop and prioritize current and long range housing programs. PART I. AFFORDABLE HOUSING CATEGORIES The APCHA goal is directed at establishing and implementing, a plan to provide housing within the community at rental rates and sales prices wh ch are affordableto persons and faro es of ow ~!::~ ~, moderate ~'~:.'~:~':,!~i,~i~,i~ and m~ddle ~.~ i~Come. In order to carW out this objective, affordable housing units are categorized to reflect which income levels they are to se~ice as set fo~h in Sections 1 and 2 below. SEC~ON 1. iNCOME CA~GORIES The m~imum gross household income (as defined in the Definitions) for each income categoW is set fo~h in Table h M~IMUM INCOMES BY CA. GORY1 Cate~ow 1 Cateqow 2 Cateaow 3 Catecow 4 Income Percentile2 25% 50% 75% >75% Maximum Household Income 0 Dependent $22,000 $35,000 $50,000 $ 85,000 1 Dependent $27,000 $40,000 $55,000 $ 90,000 2 Dependents $32,000 $45,000 860,000 $ 95,000 3 or More Dependents $37,000 $50,000 $65,000 S100,000 Single-family Home $42,000 $55,000 S70,000 $100,000 NOTE: 1. A household in an ' , ,' '¢~;-~ * ...... ~ ......... ~* '~+'~'~ "~' ~ ~;g~or mco~o catogor~ ./~ ...... ~ ,~ ~ .......... rent ............................ ~:togcr~ may quali~ ~i~'~ ~ a unit r3std~t~d under ~ a higher catego~. 1prior to 1990, income categories were designated as Iow, moderate or middle income in accordance with the applicable Guidelines at that time. In 1990, APCHA redefined the aforementioned terms and established four income categories in an effort to create a greater variety of units to service the community's'income levels. The four income categories herein are equated to the past income categories as shown below. APCHA shall interpret prior references, including but not limited to past Guidelines, Deed Restrictions and Land Use Code approvals, to Iow, moderate or middle income categories as to their applicability and compliance with the Guidelines herein. Category #1 Equivalent to Iow income level Category #2 Equivalent to lower moderate income level Category #3 Equivalent to upper moderate income level Category #4 Equivalent to middle income level 2Income amounts and percentiles are derived from the 1990-91 Aspen/Pitkin County Housing Study and survey of employees who live or work in Pitkin County. Percentiles are provided for informational purposes only. The median household income as reported by the survey is $40,000. SECTION 2. RESIDENT OCCUPIED UNITS AND QUAUFICATIONS In addition to the income categories for affordable housing units set forth in Section 1 above, affordable housing units may also be designated 'Resident Occupied Units.' This category, as applicable per the respective City or County Land Use Codes, was created to offer the private sector an incentive to produce affordable housing for the community. Resident Occupied Ur~its shall be occupied by persons and families who qualify under Part II, Section 1 herein and shall not.'be subiect to any household income limits but shall be subiect to the $250,000 Maximum Net Assets limits set forth in Part II, Section 1. Resident Occupied Units shall not be subiect to the eligibility priorities for rental or ownership units set forth in Part Ii, Section 3 and 5 herein. A developer of a Resident Occupied Unit, either for sale or rental, shall have the right to select the purchaser or tenant of the unit so long as that person(s) complies with the qualifications of Part I1, Section 1, Sales or rentals of Resident Occupied Units shall be the responsibility of the owner of the unit. The APCHA shall only qualify purchasers or tenants for compliance with Part II, Section 1. The APCHA shall charge a qualification fee of $250 to be paid by the purchaser or renter at the time of qualification. The Guidelines herein for Resident Occupied Units shall only apply to Resident Occupied Units created and approved by a City or County rezoning to the Affordable Housing (AH) zone district. PART II. 'RENTING, PURCHASING OR SEI I lNG AFFORDABt..F HOUSING SECTION 1. QUALIFICATIONS TO RENT OR PURCHASE AFFORDABLE HOUSING To qualify for and be eligible to rent or purchase an affordable housing unit, a person must meet the following criteria: 1. Be an employee working in Pitkin County, a senior who has been employed in Pitkin County a minimum of two years during their residency in Pitkin County, or a disabled person residing in Pitkin County (as those terms are defined in the Definitions); or the spouse of any such employee, senior, or disabled person or a dependent thereof. NOTE: Senior applicants shall have the right to request Special Review to waive the minimum two year employment requirement. 2. Intend to occupy and, upon purchase or rental of the unit, shall occupy the unit as a primary residence. 3. Not own residential real estate in Eagle, Garfield, Gunnison or Pitkin Counties, or list, at competitive market prices, the residential real estate prior to or simultaneously with closing on the affordable housing unit (and still meet the asset/income limitations, as set forth below). If the property is not sold by the time of closing on purchase of the affordable housing unit, it must remain listed until sold. It the owner of the other residential property desires to rent that property prior to sale, the owner shall be required to rent such property as affordable housing in accordance with the Guidelines at the income category determined by the APCHA to be appropriate under the circumstances. If an individual owns vacant land in Eagle, Garfield, Gunnison or Pitkin Counties while leasing or owning an affordable housing unit, as soon as the land is improved with a residence the individual must relinquish the affordable housing unit by vacating the rental unit or listing and selling the ownership interest in the sales unit. NOTE: Applicant shall have the right to request Special Review with regard to owning residential property. 4. Have total Current household income not in excess of the maximum amount specified in Part I above for the particular category. This Item 4 does not appIy to units which are designated Resident Occupied Units which have no income limits. NOTE: Applicants have the right to request Special Review with regard to maximum income. 5. Have total current household net assets not in excess of $250,000 (Resident Occupied), $175,000 (Category #4), $150,000 (Category #3), $125,000 (Category #2) and $100,000 (Category #1). Any renter or purchaser who has assigned, conveyed, transferred, or otherwise disposed of property within the last two years without fair consideration in order to meet the net asset limitations shell be ineligible. NOTE: The ownership of any residential property (including the affordable housing unit to be purchased) shall be considered in determining Maximum Net Assets. Applicants have the right to request Special Review with regard to Maximum Net Asset limitations. .................................................. : .......... SECTiON 2. HOW TO QUALIFY FOR AFFORDABLE HOUSING (Rental or Purcha.ee) A. INITIAL QUAUFICATION. In order to determine that a person or household desiring !o rent or purchase an affordable housing unit meets ail of the criteria set forth in Section 1 above, the .APCHA shall request any combination, or all, of the following documentation as proof of residency', income, assets and employment: 1. Federal income tax returns for the last one (1) year (prospective renters) or two (2) years (prospective purchasers). Prospective purchasers must also furnish a current income statement and a current financial statement, in a form acceptable to the APCHA, verified by applicant to be true and correct; or other documentation acceptable to the APCHA...~tq ..... ............... ~,,,~.,,,., on ,~ ...... ....... , 2. Verification of employment in Pitkin County (i.e., wage stubs, employer name, address, and phone number, plus evidence of legal residency (or I.N.S. form 1-9, Employment Eligibility Verification) or other appropriate documentation as requested by the APCHA). 3. Landlord verification (proof of residency, physical address), 4. Copy of valid Colorado Driver's License. 5. Verification of telephone service (date of installation, person listed to). 6. Vehicle registration. 7. Voter registration. 8. Any other documentation which the APCHA deems necessary to make a determination. B. REQUAUFICATIONS 1. In addition to the initial qualification requirements set forth above, renters of affordable housing units shall be reviewed and verified bi-annually to ensure that they meet Minimum Occupancy, as well as, income and Asset requirements under the Guidelines as they are adopted from time to time. Landlord shall provide disclosure in their lease that tenants must be qualified every two years and that tenants must reapply for qualification in the second year. 2. The APCHA shall endeavor to cause the landlord to give each tenant written notice, ninety (90) days prior to expiration of the two-year period, of the requirement for requaiification with the APCHA for continued occupancy of the affordable housing unit. The notice should be accompanied by the APCHA's Rental Approval Form (with instructions for requalification). If the tenant does not receive the landlord's notice or the Rental Approval Form, the tenant should contact the APCHA office at 530 East Main, Lower Level, Aspen, Colorado 81611 (telephone: 920-5050) and request a copy of the Form and instructions for requalification. The APCHA may ~!!] impose a ~ fee for requa[ification. 3. ]fa tenant does not meet the minimum Occupancy, Income and Asset requirements upon requalification or elects not to pay the requalification fee, the tenant may continue to rent and occupy the unit at the rent (subject to the Guidelines limit) and upon the terms established by the landlord's lease, for up to one (1) additional year iR order to provide adequate time to secure new housing. 4. No requatification is required for persons who have purchased and own an affordable housing unit. SECTION 3. PRIORITIES FOR PERSONS DESIRING TO RENT AN AFFORDABLE HOUSING UNIT A waiting list shall be maintained for Affordable Housing units managed by the APCHA intended for long- term rental, exclusive of units intended for seasonal occupancy. Seasonal units alkali be occupied on a first-come, first-served basis from date of availability. Except as noted below, priority for placement in an affordable housing unit shall be granted to eligible applicants with the greatest length of time on the waiting list. If an applicant rejects an offered unit, which meets his/her income and occupancy requirements, he/she shall retain his/her position on the list. After b, vo such rejections, the applicant's name shall be moved to the bottom of the list. Persons desiring to rent an Affordable Housing unit must meet minimum occupancy and employment requirements. 1. Persons living within the same complex needing to readdress minimum occupancy standards or income qualification requirements shall be placed at the top of the list. 2. Persons living within Pitkin County needing to readdress minimum occupancy standards or income qualification requirements shall be placed at the next highest position on the list. 3. Persons living within the same complex, meeting minimum occupancy standards shall be placed in the next (third) highest position on the list. NOTES: 1. Minimum Occupancy (see Definitions) as used herein is one person (with a leasehold interest) per bedroom. A minor child or dependent shall ba granted equal status as a person with a leasehold interest, 2. Emergency Workers (se~ Deflmtlons) ~t!~g:~!g~;~.~ may q fy ...~.:::.?:: :.~.:.~.~. ~8~,~}~.~§`~`~A~.~`~.~..~i~`~f~&8~r~`6~;~iH~"~.ia~ Review Committee that tbS: to houso an !nd!,z!dual(s) fa!!!ng within this categoW of workers !n 2n sffordsb!e housing unit, 3. Persons who are removed from their residence in Aspen or Pitkin County due to conversion or reconstruction of their residence by governmental action may receive higher priority upon Special Review. 4. First priority for accessible units shell be given to disabled persons prioritized by length of residency. SECTION 4. PROCEDURES FOR SALE AND PURCHASE OF AN AFFORDABLE HOUSING UNiT A. USTING UNIT WITH THE APCHA: STAFF DUTIES 1. An ownei- of an affordable housing unit desiring to sell should ~r~s'~ ~:B~taAi~i~ and review the Deed Restriction covering the unit to determine the maximum sales price permitted and other applicable provisions concerning a sale. Unless other'wise provided in the Deed Restriction, the unit must be listed for sale with the APCHA and the APCHA staff will administer the sale in accordance with the Guidelines in effect at the time of listing. There shall be a minimum listing pc, rind r~f three months before a un t's pr ce can be readiusted. Any ~ )~!~'~i'~ in the 2. These Guidelines are intended to assure that ALL purchasers and ALL sellers will be treated fairly and impartia[[y. Questions will be answered and help provided to any potential purchasers or sellers EQUALLY in accordance with the current Guidelines. Listings, sales contracts, extensions to contracts and closing documents will be prepared and all actions necessary to consummate the sale shall be undertaken. 3. In pursuit of the above, the APCHA staff will be acting on behalf of the APCHA. it should be clearly understood by and between all parties to a sales transaction that the staff members are not acting as licensed brokers to the t~'ansaction, but as representatives of the APCHA and its interests. They shall nevertheless attempt to help both parties to consummate a fair and equitable sale in accordance with the current Guidelines. 4. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all contracts, agreements and title documents. The retention of such counsel, licensed real estate brokers, or such related services, shall be at purchaser's or seller's own expense. The fees paid to the APCHA are to be paid regardless of any acdons or services that the purchaser or seller may undertake or acquire. B. ADVERTiSING THE SALE: BID PERIODS. 1. A~er a unit is listed for sale with the APCHA, the APCHA, at its expense, arranges to edvertise the unit for sate in the Wednesday daily papers. When a unit is first listed, there is an initial two-week bid period during which the unit is advertised with two open house dates when the unit may be viewed by interested parties. The initial two-week bid period ends on the Thursday after the second week of advertising, if there are no bids received in the initial bid period, there will follow consecutive one-week bid periods, ending on Thursday, until the unit is sold. 2. If more than one bid is received during any bid period, they are prioritized according to the Guidelines. If more than one bid is in top priority, a lottery is held and the winner is notified. If the winner of the lavery does not proceed to contract within five business days of notification; the next in line is notified and so on, until the unit is under oontract for purchase. Back-up contracts in the priority order set forth above will be accepted. 3. Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid for affordable housing and can obtain names of lenders from the APCHA sales department. Sales staff are available to assist interested parties with the purchase procedure and to answer any questions about the process. C. SALES AND OTHER FEES 1. Unless otherwise set forth in the Deed Restrictions covering the unit, at the closing of the sale the seller will pay the APCHA a sales fee equal to two (2) percent of the sales price. The APCHA may instruct the tide company to pay said fees to the APCHA out of the funds held for the seller at the dosing. Unless otherwise specified in the Deed Restriction, a one-half percent (1/2%) fee is paid by the Seller at the time of listing, which is applied to the total sales fee payable at closing. the event that the seller fails to perform under the listing contract, reiects all offers at maximum price in cash or cash-equivalent terms, or should withdraw the listing after advertising has commenced, that portion of the fee will not be refunded. In the event that the seller withdraws for faiture 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 2. Unless otherwise set forth in the Deed Restriction covering the unit, upon the initial sale, resale or refinancing of units where FNMA-type financing provisions are used, the use of which shall be at the sole discretion of the APCHA, there shall be a 1/4% fee charged by APCHA. The fee shall be paid by the mortgagor; shall be based on the amount of the mortgage; shall be paid for each mortgage transaction; and shall be deposited in the APCHA mortgage reserve fund account. Where the fee was not paid on the initial purchase of units using the FNMA-type financing .."~ll~l provisions, by way of example the Twin Ridge, Fairway III and Williams Woods projects, the fee /v shall be paid by the owners of said units at the time the unit is ~i~i~'~.!.!i.~ resold. The purchaser's of said units shall also pay the fee based on their mortgage as set forth above, if the fee is paid on a unit' and the unit is subsequently refinanced, the fee shall only apply to that amount of the refinanced mortgage greater than the initial mortgage upon which the fee was initially collected. FNMA-type financing provisions are those which provide, among other things, for the removal of the Deed Restriction on the unit upon foreclosure of the mortgage if the APCHA or the City or the County do not exercise their option to purchase the unit within a specified time following foreclosure. If FNMA-type financing provisions are not used by the mortgagor, nofee shall be charged by the APCHA. The amount and adequacy of the fee and the mortgage reserve fund shall be reviewed annually as part of the review of the Guidelines. D. DEED RESTRICTION The purchaser must execute, in a form satisfactory to the APCHA and for recording with the Pitkin County Clerk concurrent with t~e dosing of the sale, a document acknowledging the purchaser's agreement to be bound by the recorded Deed Restriction covering the sale unit. E. ADDITIONAL INFORMATION 1, Any co-ownership interest other than joint tenancy or tenancy-in-common must be approved by the APCHA. 2. Co-signers may be approved for ownership of the unit but shall not occupy the unit unless qualified by the APCHA. 3. If a unit is listed for sale and the owner must relocate to another area, the unit may, upon approval of the APCHA, be rented to a qualified individual, in accordance w th the Guidelines ~( a m~.mum ~aoO~:~(~eairs. Notice of such intent and the ability to comment shah be provided to any applicable homeowner's association at the time of request to the APCHA. A leper must be sent to the Housing Office requesting permi~ion to rent the unit until sold. A minimum six (6) month wri~en lease must be provided to the tenant with a si~ (60) day move o~ clause upon notification when the unit is sold. All tenants must be qualified by the APCHA and the Unit must be leased for the rent and upon the terms set fo~h in the Deed Restri~ion on the unit or, if there are no such provisions in the Deed Restri~ion, upon te~s approved by the APCHA. Prior to APCHA's qualification of tenant, said tenant shah acknowledge as pek of the lease that said tenant has received, read and under.ands the homeowners' assooiation oovenants, rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and regulations Shall be the responsibiliW of the homeowners' association, A copy of the exec~ed lease shall be furnished by the owner or tenant to the APCHA and homeowners' association. 4. Unf3ss cthsp.'.'~s~ ................... ~¢* fc~h in thc D~cd u~+.;¢+~¢~ ¢ .... o g +~o un%... ~n e'.'.'nor may rent ~ ....... ......... 3RC The maximum rental rate for the shall not exceed the maximum rental rate permitted under the Guidelines in Part I1[, Section 3, Table IV, herein for said unit pro rated on a per bedroom basis. A lo,or ~"°' k sort to 'k~ A~m~*, _ ........ d y _ .on....= .. tc the APCHA. SECTION 5~ PRIORITIES FOR PERSONS BIDDING TO PURCHASE AN AFFORDABLE HOUSING UNIT The qualified person(s) submitting the highest bid ~ (not to excee the maximum bid price) during a b d per od sha have the frst r ght to ~'~.:::,,=,:...:.:~:..; ~ :., i~=~'~ase ~{::=~=: the unit. , subject to acceptance b~< th~ ss!!er. !f +~ high ~ ~ m~ ,~. ,~ s~!es pr!cc ~stod by th~ sea!or ~' ~' ~ ' .... for pa~,mont not r~l_..]n= = bid }s--~--j ¢' klPP~ ..... +p t. ~,o p ............. .... ~*¢ ~ Section z, ~-.-~.-~'~r~ .... ¢, 2k~,~ If ~vo or more qualified bids are submi~ed at the highest bid price, they shall receive preference and be prioritized for selection as the top bidder in the following order: 1. Persons with a present ownership interest Ooint or tenants in common) in the affordable housing unit. 2. Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. 4. Persons living in and owning another unit within the complex who meet minimum occupancy standards. 5. Persons with four or more consecutive years of employment in Pitkin County .................. "'""~ ....................... by tho ,^,PCHA): , a. With minimum occupancy and one or more dependents for unks with three or more bedrooms. b. With minimum occupancy.. 6. Persons with one to four consecutive years of employment in Pitkin Coun~ .:.~ff~.~..]..~.~ a. With minimum occupancy aod one or more dependents for units with three or more bedrooms. b. With minimum occupancy 7. Persons with less than one consecutive year of employment in Pitkin Coun~ a. With minimum occupancy and one or more dependents for units with three or more bedrooms. b. With minimum occupancy. 8. Persons w? four or more conse~%%y~?r~,~f~FJ~men, in P,tkin Coun~ 9. Persons w th one to four consecutive years of employment in Pitkin Coun :~:~![~([~i{;f~(?~(~ (calcu~=ted by the .A.~CHA) not meeting minimum 10. Persons with less than one consecutive year of employment in Pitkin CounW A~er prioritization, the names of bidders with the highest bids of equal amounts and equal prioriW status shall be placed in a Io~eW which will be held within a reasonable amount of time following the deadline for bids. NOTES: 1. Minimum Occupancy (see Definitions) as used herein is one person (with an ownership interest) per bedroom. A minor child or dependent shall be granted equal rights as a person with an ownership interest. .2. Emergencyw~rkers(se~Definiti~ns)meetingminimum~ccupancymayqua~ifyin2higherpr!ori?J~ ~ upon Special Review and upon finding by the Special Review Commi~ee that ~ ~ii~:~'~:::~lf~::~i'~i~i~fi~l~i~J~ there exists an immediate communib, nOeS' to house an individual(s) failing within this categc~,' of workers in an affordable housing unit. 3. First priori~ for accessible units shall be given to disabled persons prioritized by length of residency. 4. Persons who are removed from their residence in Aspen or Pitkin Coun~ due to conversion ~ .......... *"' ~ ¢*'~ ~ or reconstrumion of their residence D',~~i~ may receive higher priori~ upon Special Review. SECTION 6. LEAVE OF ABSENCE FOR OWNERS OF AFFORDABLE HOUSING UNITS If an owner of an affordable housing unit must leave Pitkin County for a limited period of time and desires to rent the unit during the absence, a leave of absence may be granted by the APCHA for one year upon clear and convincing evidence which shows a bona fide reason for leaving and a commitment to return to the Aspen/Pitkin area. A letter must be sent to the APCHA, at least 30 days prior to leaving, requesting permission to rent the unit during the leave of absence. Notice of such intent to rent and the ability to comment shall be provided to any applicable homeowners' association at the time of request tothe APCHA. The leave of absence shall be for one year and may, at the discretion of the APCHA,; be extended for one year, but in no event shall the leave exceed two years. The unit may be rented in accordance with the APCHA's Guidelines during said one or two year period so long as the Deed Restriction covering the unit permits the rental In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established at the greater of owner's cost or the rent established in accordance with the Guidelines for units which were constructed in the year in which the subiect unit was deed restricted at the appropriate income category. Owner's cost as used herein includes the monthly moagage principal and interest payment, plus condominium fees, plus utilities remaining in owner's name, plus taxes and insurance prorated on a monthly basis, plus $20.00 per month. Prior to APCHA's qualification of tenant, said tenant shall acknowledge as part of the lease that said tenant has received, read and understands the homeowners' association covenants, rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules end regulations shall be the responsibility of the homeowners' association. A copy of the executed lease shall be furnished by the owner or tenant to the APCHA and homeowners' association. 12 PART III. INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING Part Ill of the Guidelines contains information to be used by developers of affordable housing units in the City of Aspen and Pitkin County whether required in connection with an application for free-market development or otherwise. SECTION 1. NET MINIMUM LIVEABLE SQUARE FOOTAGE FOR N~AP~Y DEED RESTRICTED AFFORDABLE HOUSING UNITS Table !1 sets forth the allowable Minimum Net Liveable Square Feet (see Definitions) for each unit type and category. Developers may choose to construct larger units; however, alIowable rent and sale prices for such larger units may not exceed the maximum set forth in Tables III and IV: TABLE I1 MINIMUM NET LIVEABLE SQUARE FEET FOR EACH UNiT TYPE AND INCOME CATEGORY Cateqodes 1 and 2 Cateoor[es 3 and 4 Unit Typ~ S.F. S.F, Studio 400 500 1 Bedroom 600 700 2 Bedroom 850 950 3 Bedroom 1,000 1,200 Single Family Detached 1,100 1,400 NOTES: 1. Net Liveable Square Footage (see Definitions) calculations shall be required for the affordable hous'ing component of a project and must be verified by the Building Department prior to issuance of any building permits for either the free market or affordable housing component of the project. The Building Department shall retain a set of approved building permit drawings for the proiect and the Building and Zoning Departments or APCHA may check the actual construction of the affordable housing units for compliance with the approved building permit plans. 2. The minimum net liveable square feet requirements may be reduced upon demonstration to and approval by the APCHA that the development satisfies, or is required to adjust to, other phySical factors or considerations including, but not limited to, design for [ivability, common storage, other amenities, location or site designs. 3. The City of Aspen Accessory Dwelling Unit Program requires a minimum of 300 square feet and a maximum of 700 square feet of net liveable square feet for accessory dwelling units. i 13 SECTION 2. MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED AFFORDABLE !O HOUSING UNITS AND FOR AFFORDABLE LOTS Table Ill sets forth the maximum sales price for newly deed restricted affordable housing units and affordable lots to the initial purchaser. Maximum sales price on resale of a unit shall be controlled by the Deed Restriction covering the unit executed by the initial purchaser upon closing of the initial purchase. TABLE III MAXIMUM UNIT SALES PRICES Unit Tvoe Cateoorv 1 Cateaorv 2 Cateaorv 3 Cater]ow 4 Studio $25,500 $ 59,000 $ 96,500 $163,500 1 Bedroom $32,000 $ 69,000 $106,500 $173,500 2 Bedroom $38,500 $ 79,000 $116,500 $183,500 3 Bedroom $45,000 $ 88,500 $126,000 $193,500 Single-family Detached $55,000 $102,000 $t39,500 $200,000 Single-family Lot ($60,000) ($18,000) $ 1 $ 25,000 NO-rES: 1. Single-family lots shall be developed with homes of three bedrooms or larger and shaft be prioritized for lottery es set forth in Part II, Section 5 herein. 2. Cetegory 2 single-family.lots will require an $18,000 subsidy payment by the developer in addition to the conveyance cf the lot. Category 1 sing!e-family lots ;viii require a S60,000 subsidy payment by the developer in eddition to the conveyance of the lot. Lot prices include the cost of access end utilities for the lot as set forth in Part fit, Section 6 herein. 3. Sale units will be offered f~r saIe through the APCHA to all qualified persohs under the procedures established by the Guidelines. 4. In the event affordeble housing units associated with a lodge, agricultural operation, commercial, or residential development are employer owned (for their long-term possession and on-site employees beyond construction or initial acquisition and disposition), persons employed directly by the owners shall be given first priority to purchase; however, said persons must meet the APCHA's Guidelines for occupancy, income and assets criteria in order to qualif~ to occupy the unit(s). In the event there are no persons directly employed by the owner who qualify or ere available, the unit shall then be offered to other qualified persons according to Part Section 5, of these Guidelines. 5. All newly deed restricted affordable housing sales units must be in a marketable condition ~;~ ~;~:~d~ ~;~ :8~.?~~ .......... ,.~- ,~-~ ...... ~' m~:' ~'.:'~ bL':'.¢:?~ '-':F ~: f:':-~t:~"~ :s-:~:~ b:,' the .^.PC?."..r3~ .-. ~ ............ * ~*, *~ ,~,,,,~p,,, Prior to sale the unit must be inspected and approved by a certified buiiding inspector, architect or engineer approved by the APCHA for compliance with the Guidelines. Cost of such inspections shall be the responsibility of the applicant, and the results of such inspection must be approved by the APCHA. 14 SECTION 3. MAXIMUM MONTHLY RENTAL RATES FOR NEWLy DEED RE$1~UI bO AFFORDABLE HOUSING UNITS Table IV sets forth the maximum monthly rental rates which may be charged by developer newly restricted the for deed affordable housing units. The rental rates apply end shall be in effect for a twelve (12) month period from the commencement date of the initial lease with the first tenant of the newly deed restricted unit. Thereafter, the maximum monthly rental rate may be increased only if, and to the extent that, the Guidelines then in effect permit an annual · increase in rental rates. TABLE IV MAXIMUM MONTHLY RENT Unit Type Cateqory 1 Cateqow 2 Cateqory 3 Cateqow 4 Studio $307 $546 $ 815 $1,294 1 Bedroom $379 $642 $ 910 $1,390 2 Bedroom $450 $738 $1,006 $1,485 3 Bedroom $522 $834 $1,102 $1,581 Single Family Detached $594 $930 $1,198 $1,629 NOTES: 1. Units constructed prior to the effective date of these Guidelines shall charge rents that do not exceed those set forth in Par[ IV, Table IX. 2. Rental rates shall apply whether the units are provided furnished or unfurnished. 3. Rental rates in Table IV include, end may not be increased to pay for, the cost of utilities in common areas, condominium dues, management costs and taxes, In the event that utilities are commonly metered, a charge to the tenant may be made in addition to the maximum rents in Table iV for the tenant's share of such utilities attributable to the tenant's net living area. Tenants shall be responsible for individually metered utilities. 4. Prior to occupancy of a deed restricted rental unit, a proposed tenant must be qualified by the APCHA for occupancy and provide to the APCHA all verification required under these Guidelines, Occupant must provide owner/landlord with proof of verification and qualification by the APCHA prior to occupancy. Owner shall be required to provide a copy of lease agreement with tenant to the APCHA for approval, which shall be given or denied within five working days after receipt by the APCHA. Leases shall meet occupancy standards and allowed rental rates, and shall be for a minimum term of six consecutive months. An executed copy of the lease shall be provided to the APCHA prior to occupancy by tenant. 5. In the event affordable housing units associated with a lodge, commercial, agricultural operation, or residential development are employer owned (for thc? !cng *~'"'* .... ,.,~ ............ ac.~u..k,on c .... ,- ........ ,, persons employed directly by the owners meeting the income, occupancy, and asset standards shall be given first priority to rent. In the event there are no persons directly employed by the owner who qualify or are available, the unit shall then be offered to other qualified persons according to the procedures contained in Part [I of the Guidelines. 6. Ali newly deed restricted affordable housing rental units must comply wth ~ *~ ......... ~ ........ bu!!d!ng .... ;~;,...~;~....; ..... ,4 ~.:,, ,~.,. ^or.u^ ................ m and with all rules, regulations and codes of all governmental bodies and agencies having jurisdiction. A cc~y of tho ,^.PCH.^.'c curr~nt minfmum bui!d!ng~. .... ..... ;~c"*~ ....... ~ ,,,_~ ..... ~.~. ,,~*-,~,*¢,,~_ ........... ¢-'-,~ tho ,^.PCH.^, 15 ~ 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 ina 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. SEC"RON 4. REQUIREMENTS FOR DORMiTORY/lODGE (Seasonal Units) Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under certain conditions and subject to certain requirements, satisfy the affordable housing requirements by provision of dormitory/lodge units designed for occupancy by seasonal employees. Acceptance of such dormitory/lodge units shall be at the sole discretion of the respective governing body at the recommendation of the APCHA. The dormitory/lodge units must satisfy all requirements of the applicable Guidelines and shall be required to meet the following minimum standards: 1. Occupancy of a dormitory unit shall be limited to no more than eight persons. 2. There shall be 150 or greater net liveable square feet of living area per person, including sleeping and bathroom. For purposes of this requirement, Net Liveable square footage shal[ not include interior or exterior hallways, parking, patios, decks, cooking, lounge used in common, laundry rooms, mechanical'areas, and storage. Rents for dormitory/lodge units and units developed for seasonal occupancy onIy pursuant to a plan approved by the APCHA shall be calculated on the net liveable square footage as described above and computed at the rates set forth in Table V. 3. Notes 3, 4, 5 and 7 under Table IV, Part Ill, Section 3, apply to Dormitory/Lodge units. 4. At least one bathroom shall be provided for shared use by no more than four persons, containing at least one water closet, one lavatory, one bathtub with a shower, and a total area of at least 60 net liveable square feet. 5. A kitchen facility or access to a common kitchen or common eating facility shall be provided subject to the APCHA's approval and determination that the facilities are adequate in size to service the number of persons using the facility. 6. Use of 20 net leasable square feet per person of enclosed storage area located within, or adjacent to, the unit. 7. A manager's or assistant manager's rent shall be calculated based on the income category of the respective manager. TABLE V 1993 MAXIMUM ALLOWABLE MONTHLY RENT FOR NEWLY CONSTRUCTED OR DEED RESTRICTED DORMiTORY/lODGE UNITS OR UNITS INTENDED FOR SEASONAL OCCUPANCY (iNCLUDING U'RUTiES) Newly Constructed or Covenanted (1989-on) $1,55 per s.f. 16 SECTION 5. AFFORDABLE HOUSING DEDICATION FEE (Payment-in-Lieu Fee) Payment-ln-I leu Schedule 1. Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under certain conditions and subject to certain requirements, satisfy the affordable housing requirement by payment of an affordable housing dedication fee (payment~in-lieu fee) ss sot forth !:~ tho 3pplicable~.e~e. The number of employees (a,ffordable housing residents) required to be housed is determined by the Employee Generation Schedules contained in the applicable City and County Codes. The time of payment of the fee is ''~ .... * ¢~'¢~ ~'' *~- ....... *~"~' "'odes discretion of the respective governing body at the recommendation of the APCHA. 2. All County fees shall be paid to the Pitkin County Finance Director and all C ty fees shall be paid to the City Finance Director. A receipt shall be issued by the Finance Directors to the applicant for submission to the Planning Office as verification of payment, with a copy of the receipt supplied by the developer to the APCHA prior to issuance of a building permit. SEC~ON 6. CONV~ANCE OF VACA~ LOTS Pursuant to the applicable Ci~ or Coun~ Land Use Codes, an applicant for a development, under ceaain conditions and subject to ceaain requirements, may satis~ the affordable housing requirement bythe conveyance of vacant lots. Acceptance of the lots shall be at the sole discretion of the respective governing body upon recommendation of the APCHA. 1. All lots must be fully developed and ready for construction, i.e., improved lots with water or well, sewer or septic, roads, and telephone, electricity and gas (if available) in place to the property line. A soils report, prepared by a qualified engineer and based upon edoquato test holes ~[~!~ i~ii~ii'(~.,~:~':ii!~i~,~',i~'?:'~'~?:.,.,~i stipulating that the lot is suitable for construction of the intended dwelling type without requiring unusual excavation, foundation work or accommodation of other unusual conditions shall accompany the conveyance. 2. All lots must be conveyed to the APCHA concurrent with the recordation of the final plat [or the project. ' 3. At the time of conveyance, an escrow account in an amount sufficient to cover 125% of the estimated costs required to complete the improvement of the lots in accordance with Item No: 1 above shall be established in the name of the APCHA and the applicant. In no event shall improvements, as noted in Item No. 1 above, be completed more than one year from the date of conveyance of the property to the APCHA. 4. The Subdivision Improvements Agreement and the Protective Covenants shall incorporate the conditions stated in No. 1, 2, and 3, directly above this paragraph. SECTION 7. DEED RESTRICTING EXISTING DWELUNG UNiTS 1. Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain conditions and subject to certain requirements, may satisfy the affordable housing requirement by deed restricting existing unrestricted housing to comply with the Guidelines. Acceptance of existing units shall be at the sole discretion of the respective governing body upon recommendation of the APCHA. 2. If eccepted by the City or County, existing units must be upgraded in accordance with the following criteria, unless a variance from these requirements is approved by the applicable governing body upon the recommendation of the APCHA: all units must be freshly painted; all appliances must be purchased within the last five years and be in good condition and working order; new carpet shall be provided (unless carpet has been purchased in last five years and is in good condition and repair); the exterior walls shall be freshly painted within one year of dedication, a general level of upgrade to yards and landscaping shall be provided, and, windows, heating, plumbing and electrical systems, fixtures and equipment shall be in good condition and working order. The roof must have a remaining useful life of at [east ten (10) years. All units shall meet Universal Building Code minimum standards, any applicable housing code or, in the absence of an adequate code, such recognized housing code acceptable to the APCHA and shall be approved by the APCHA and verified by a qualified Building Inspector accepted and approved by the APCHA. Applicant shall bear the costs and expenses of any required upgrades to meet the above standards as well as any structural/engineering reports required by the APCHA to assess the suitability for occupancy and compliance with the APCHA standards of the proposed units. SECTION 8. EXECUTION OF DEED RESTRICTIONS BY APPUCANTS Deed Restrictions must be submitted by the applicant to the APCHA according to the following time schedule: 1. Conditional Use Applications - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resolution and Deed Restriction shall be sent to the APCHA. A copy of the Planning and Zoning Resolution and a recorded Deed Restriction shall be sent to the APCHA. 2. Growth Manaqement PIan Applications - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A c-,-j .............................................. ~:~i~!i~'~iCi~!~!i~:~i~ii~:: Prior to issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary, to ,reflect changes approved by the APCHA ~'~i~i~'~¢~.!~i~i~:i~ wh ch may have occurred during construction or conversion of the unit(s) (i.e., net liveable square footage), executed and recorded, with the original returned to the APCHA for their files. 3. Others - Prior to issuance of any building permit for a project, the APCHA shall have an approved, executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the recorded Land Use Code Resolution and Deed Restriction shall be sent to the APCHA. Prior to issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary, to reflect changes approved by the APCHA which may have occurred during construction or conversion of the unit(s) (i.e., net liveable square footage), executed and recorded, with the original returned to the APCHA for their files. PART IV. ALLOWABLE ANNUAL RENT INCREASE FOR EXISTING DEED RESTRICTED RENTAL UNITS The maximum allo,.,.,abfe monthly rent for an existing affordabTe housing unit is determined by starting with he ....~!~m .......... monthly rent permitted for that unit under the Guidelines in effect in the year in which the unit was first occupied and increasing that rent each year by the ~ percentage rent increases permitted by the Guidelines each year. For example, a Iow income unit first occupied in 1981 had a start ng ~ =!!o,.,.,=b!e monthly rent under the Guidelines then in effect of $0.47 per net liveable square foot (as shown in the schedules, Table IX, below) and ~i!~ o annual rent increases by the percentage increase permitted each year by the Guidelines as shown in Table VI below. ;:ii:~!~;~'~ Al' ..... h,~, rent increases and the year in which each increase was allowed for existing units are as follows: TABLE VIII PERMll I ~-D INCREASE IN MAXIMUM RENT FOR EXISTING AFFORDABLE HOUSING UNITS Year increase Year increase 1978-1982 0,0% 1989 4.7% 1983 6.6% 1990 3.0% 1984 5.0% 1991 0.0% 1985 3.3% 1992 2.0% 1986-1988 0.0% ~ii~; ~; ~¢~ The schedules set forth below, collectively called Table IX, show for each unit Category: (1) the allowable monthly rent per net liveable square foot starting in the year of first occupancy and (2) the amount of per square foot monthly rent in each year thereafter calculated using the permitted annual re~t increases shown in Table VI above, The rent increases shown in Table VIII and the rents allowed in any given year shall be governed by Table IX. Regardless of a landlord's determination to accept a lower rent for any given year, the maximum allowable rent is as specified in these tables. TABLE IX ~O ~ ,~_JLOW.~,_m_E MONTHLY RENTS PER NET LIVEABLE SQUARE FOOT LOW INCOME UNIT AND CAT~GORY #1 ~ ?.LLOW.~~ ~ RENT FOR APPLICABLE YEAR 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1981 $0,53 $0.55 $0.55 $0.55 $0.55 $0.58 $0.59 $0.59 $0.60 $0.61 1982 0,62 0.64 0.64 0.64 0.64 0,67 0.69 0.69 0,70 0.71 >' 1983 0,61 0.63 0.63 0.63 0,63 0,66 0,68 0,68 0.69 0.70 ~.. 1984 0.58 0.60 0.60 0.60 0.60 0.63 0.65 0.65 0.66 0.67 o 0.67 o 1985 -- 0.60 0.60 0.60 0.60 0.63 0,65 0.65 0.66 0 __.% 1986 -- - 0.60 0,60 0,60 0,63 0,65 0,65 0,66 0.67 ~-- 1987 ..... 0,60 0.60 0,63 0.65 0.65 0,66 0,67 O 0.67 C:: 1988 .... 0.60 0,63 0.65 0.65 0.66 uJ >- 1989 ....... 0.63 0,65 0.65 0,66 0.67 1990 ........ 0,63 0.65 0.66 0.67 .... - .... 0.65 0,66 0.67 1991 .... 10 MODERATE INCOME UNIT ~ ~ RENT FOR APPLICABLE YEAR 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1981 $0,65 $0,67 $0.67 $0.67 $0.67 $0.70 $0,72 $0.72 $0.74 $0.75 >. 1982 0.72 0.74 0.74 0.74 0.74 0.77 0.79 0.79 0.83 0.84 Z < 1983 0.82 0.85 0.85 0.85 0.85 0.89 0.92 0.92 0.93 0.94 o 1984 0.82 0.85 0.85 0.85 0.85 0.89 0.92 0.92 0.93 0.94 0 ~ 1985 - 0.85 0.85 0,85 0.85 0.89 0,92 0,92 0.93 0,94 '~ 1986 -- - 0.85 0.85 0,85 0,89 0,92 0,91 0.93 0.94 O 1987 - - 0.85 0.85 0.89 0.92 0,92 0,93 0.94 uJ 1988 .... 0,85 0.89 0.92 0.92 0,93 0.94 >- 1989 ........ 0.89 0.92 0.92 0.93 0,94 1990 ...... 0.92 0.92 0.93 0.94 1991 ......... 0.92 0.93 0.94 21 CATEGORY #2 UNIT RENT FOR APPUCA LE YF_AR z 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 ~: < ~ 1990 ....... $0.83 $0.83 $0.85 $0.86 >" -- 0 1991 ...... 0.83 0.85 0.86 CATEGORY #3 UN~ ~^~ ~.,,v^m~ RENT FORAPPUCABLEYEAR 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1990 ...... $1.03 $1.03 $1.05 $1.06 1991 ..... 1.03 1.05 1.06 MIDDL~INCOME UNFi'AND CATEGORY#4 (O ~!i~ .&LL©WAB[~E RENT FOR APPUCABLE YEAR 1984 1985 1986 1987 1988 1989 1990 1991 1992 1993 1981 $0.84 $0.87 $0,87 $0.87 $0.87 $0,91 $0.94 $0.94 $0.95 $0.97 1982 0.84 0.87 0.87 0.87 0.87 0.91 0.9~ 0.94 0.95 0.97 >- 1983 1.19 1.23 1.23 1.23 1.23 1.28 1.32 1.32 1.35 1.37 < 1984 1,13 1.17 1.17 1.17 1.17 1.22 1.26 1.26 1.28 1.30 o 1985 1.17 1.17 1.17 1,17 1.22 1.26 1.26 1,28 1.301 o o ~ 1986 - 1.17 1.17 1.17 1.22 1.26 1,26 1,28 1.30 :-- 1987 .... 1.17 1,17 1.22 1.26 1.26 1.28 1.30 < 1989 ..... 1.22 1.26 1.26 1.28 1.30 LU 1990 - - - 1.26 1.26 1.28 1.30 1991 ..... 1.26 1.28 1.30 PART V. SHOW CAUSE HEARING PROCEDURES Show cause hearings are conducted to investigate "Since this is not a judicial proceeding, we are not alleged housing violations. The APCHA staff boudd strictly by rules of evidence or procedure. commences such procedures with a letter to the Our purpose and intent is to give each party involved owner/landlord/tenant se,*ting forth the alleged violation an opportun~ to present whatever materials they and requesting a response, documentation or other deem appropriate relating to the alleged violation.' information from the owner/landlord/ tenant, if owner/landlord/tenant does not respond within a set "Although not required, any par~' may employ legal period of time as specified in the letter, a "Show Cause counsel in participating in this hearing." Hearing" is set by the APCHA staff and the owner/landlord/tenant is notified of hearing date, time 'q~e general order of procedure will be for a and place. The purpose of a "Show Cause Hearing" is presentation by the staff, followed by a presentation to provide to owner/landlord/tenant an opportunity to by the owner/landlord/tenant and, if requested, by show cause why they should not be cited with respect any other interested party." to the violation(s) or why the APCHA should not prosecute or proceed to litigation. "Are there any questions?" The procedure for the "Show Cause Hearing" is as "Staff may procee;d." follows: The hearing is held before the APCHA Board with at least a quorum present. The Chairperson shall state: "Show Cause Hearing. This hearing has been convened at the request of the staff of the APCHA to review alleged violations of (Agreement, Deed Restriction or Guidelines)." "Those allegations have been raised with regard to (person) and the unit located at (address)." "The purpose of this Show Cause Hearing is for the presentation of information to the APCHA in order that we might determine whether there is cause to betieve that the allegations as to a violation are true.' "This is not a judicial proceeding. This Board does not intend, nor does it have the power to assess a fine, or any other penalty in the event it appears to us that a violation has occurred. The only result in such case may be a finding by the Board at the conclusion of this hearing that cause exists to believe a violation has occurred and a direction to our staff and legal counsel to institute appropriate legal or other action to remedy that violation.' PART VI. GRIEVANCE PROCEDURES L DEFINITIONS grounds(s) upon which it is based; (2) the sction A. A 'grievance" is any dispute that a tenant or requested; and (3) the name, address and telephone purchaser may have with the APCHA or a project number of the complainant and similar information management firm that is gcverned by the APCHA about his/her representative, if any. Affordable Housing Guidelines with respect to action or failure to act in accordance with the individual tenant's 2. The purpose of this initial contact is to discuss or purchaser's rights, duties, welfare or status, and hopefully resolve grievances without the necessity of a formal hearing. B. A "complaint" is a grievance presented to the APCHA Office informally or as par[ of the informal 3. Within five working days, a summary of this hearing process, discussion will be mailed to the complainant by an APCHA representative, one copy shall be filed in the C. A "hearing panel or official" is a person or persons APCHA's files. selected in accordance with this grievance procedure to hear grievances and render a decision. 4. The summary will include: names of participants, date of the meeting, nature of the proposed D. A "complainant" is a tenant or purchaser residing disposition, and specific steps by which a formal in housing accommodations owned, leased, or deed decision is made. restricted by the APCHA, the City or the County. B. Dissatisfaction with informal Disposition E. "Elements off due process" shall mean an eviction action or a termination of tenancy in a State or local 1. If the complainant is dissatisfied with the court in which the following procedural safeguards are proposed disposition of the grievance, he/she shall required; submit a written request for a formal hearing within ten (10) working days of the APCHA's mailing or delivery 1. Adequate notice to the tenant of the grounds for of the above-mentioned summary of the informal terminating tenancy and eviction; proceedings. 2. Opportunity for the tenant to examine all relevant 2. The request for a hearing must be presented to documents, records and regulations of the APCHA the APCHA Office. prior to the trial for the purpose of preparing a defense; 3. The request must be date stamped. 3. Right of the tenant to be represented by counsel; 4. The request for a formal hearing must specifi/ 4. Opportunity for the tenant to refute the evidence reasons for the grievance, and the action or relief presented by the APCHA including the right to confront sought. and cross-examine witnesses and to present any affirmative legal or equitable defense which the tenant C. Failure to Request Formal Hearing may have; 1. if the complainant does not request a formal 5. A decision on the merits, hearing within ten (10) working days, he/she waives his/her right to a formal hearing, and the APCHA's pro- posed disposition of the grievance will be final. II. PROCEDURES PRIOR TO A HEARING 2. The above Section Il, (C) (1.) determination shall A. informal Grievance Procedures fn no way constitute a waiver of the complainant's right to contest the APCHA's disposition of his/her grievance 1. Any grievance may be presented orally or in in an appropriate judicial proceeding. If the writing to the APCHA Office. (if the grievance is complainant requests a formal hearing within said ten written, it must be signed by the complainant.) It may (10) working days, the complainant shall be entitled to be simply stated, but shall specif~: (1) the padicular a hearing before a hearing official or panel. 24 III. SELECTIONOFAHEARINGOFFICIALORPANEL 1. The opportunity to examine and, before the hearing at the expense of the complainant, to copy ali A. The hearing official shall be an impartial, documants, recordsandregu[ationsoftheAPCHAthat disinterested person selected jointly by the APCHA, the are relevant to the hearing. Any document not made complainant and the project management repro- available afterwriffan request bythe complainant may sentative. (Neither Housing Board members nor the not be relied upon by the APCHA at the hearing. APCHA employees shall be selected.) If the APCHA, the complainant and the project management cannot 2. The right to be represented by counssl person agree upon a hearing official, they shall each appoint chosen as his/her representative. a member of a hearing panel and those individuals will select a forth and fish panel member, tf the appointees 3. The right to present evidence and arguments in cannot decide upon a forth and fifth hearing panel support of his or her complaint, to controvert evidence member, such members shall be appointed by an relied on by the APCHA or project management, and independent arbitration organization such as any other to confront and cross-examine all witnesses on whose third party agreed upon by the APCHA, the testimony or information the APCHA or project complainant and the project management management relies; and representative. 4. A decision based solely and exclusively upon the facts presented at the hearing. ~f. PROCEDURES TO OBTAIN A HEARING C. If the hearing panel (official) determines that the A. Informal Prerequisite issue has been previously decided in another proceeding, they may render a decision based upon 1. All grievances must be informally presented as the prior decision without proceeding with the hearing. stipulated above (Section II, A.) as prerequisite to a Complainant shall have the oppor[unity to present formal hearing, evidence and be heard as to the inapplicability of the prior decision to the present grievance. If the hearing 2. If the complainant does not request a hearing panel (official) determines that the prior decision is not within the time period atlowed in Section II, (B), (1.), applicable to the present dispute, the parties shall above, he/she waives his/her right to the hearing, and proceed with the hearing. proposed disposition of the grievance will become final. This shall not, however, ~onstitute awaiver of the D. Failure to Appear: If the complainant, project complainant's right thereafter to contest disposition of management representative or the APCHA fail to his/hergrievanceintheappropdatejudicialproceeding, appear at the scheduled hearing, the hearing panel (Official) may make a determination to postpone the 3. AIIgrievancesshallbepersonallypresentedeither hearing for not to exceed five working days, or make orally or in writing pursuant to the irCormal procedure a determination that the party who did not appear has in accordance with Section II, (A) to the hearing officer waived his/her right to a hearing. Such a determination or hearing panel, the provisions of this subsection may in no way waives the complainant's right to appropriate be waived by the hearing officer or hearing panel, judicial proceedings. B. Scheduling E. The hearing shall be conducted by the hearing official (panel) as follows: 1. Upon complainant's compliance with the above, & hearing shall be scheduled by the hearing official 1. informal. Oral or documentary evidence pertinent (panel) promptly for a time and place reasonably to the facts and issues raised by the complaint may be convenient to both the complainant, the project receivedwithoutregardtoadmissabil~undertherules manager and the APCHA. of evidence applicable to judicial proceedings; V. PROCEDURES GOVERNING THE HEARING 2. Orderly -The Official (panel) shall require that the APCHA, complainant, the project management A. The hearing shall be held before a hearing official representative, counsel and other participants and or panel selected as provided in Section III of this spectators conduct themselves in an ordedy fashion. Part VI. Failure to comply with the directions of the headng Official (panel) to ob(~i~"(~r-d6r-~y i"esuit in exclusion B. The complainant shall be afforded a fair ~earing from the proceedings or a decision adverse to the providing the basic safeguard of due process which interests of the disorderly par~, and denial of the relief shall include: sought, 'as appropriate. 2F. The complainant or the APCHA may arrange, in advance and at the expense of the par~ making the arrangement, for a transcript of the proceeding. Any interested party may purchase a copy of such transcript. VI. DECISIONS OF THE HEARING OFFICIAL (PANEL) A. Within 10 working days foliowing the hearing, the hearing official (panel) shall render a written decision including reasons therefore. The APCHA will file one copy in their files. The complainant may pick up a copy of the decision after 3:00 P.M. on the 10th working day following the decision. Otherwise, the decision will be mailed to complainant. B. The decision of the hearing official (panel) shall be binding on the APCHA which shall take all actions necessary to carry out the decision unless the APCHA Board determines within ten working days, and so notifies the complainant that: 1. The grievance does not concern the APCHA action or failure to take action in accordance with or involving the complainant's lease or the APCHA regula- tions which adversely affect the complainant's rights, duties, welfare or status; 2. The decision of the hearing official (panel) is contrary to applicable Federal, State or local law. C. A decision by the hearing official (panel) or the APCHA in favor of the proiect manager or which denies the relief requested by complainant in whole or part shall not constitute s waiver of, nor affect in any manner whatever, the rights the parties may have in a new trial or judicial review in any proceeding, which may thereafter be brought in the matter. PART VII. DEFINITIONS ~¢~A~:~i~Aii::i~ii~:~i::i~ii6~a~::i~i~!~ APCHA and the owner or purchaser of reel prope~ ~ ~ ~,~ ~ :~ ~:~ ~ ~ ~¢~ ~ ~ ident~ing the conditions of occupancy and resale. A~e~w Dwellinq Un~ (Ordinance ¢1~::~8~::~ De~nde~ -A child or other relative of the renter or ~) See Aspen Land Use Code ~::~::~::~¢~ owner of an affordable housing unit, which child or ................................................ ...... relative is taken and listed as ~ dependent for federal Section 5-510. income t~ purposes by such renter or owner or his or ~ffordab[e Housinq - Dwelling units restricted to the her present or former spouse. housing size and ~pe for individuals meeting asset, income and minimum occupancy guidelines approved Dibble Pe~n - A person who meets the definition of by the Aspen Ci~ Council, Board of Coun~ "individual with handicaps" contained in 29 U.S;C. Commissioners and/or t~e APCHA, whichever shall Section 706(8), as amended, the federal Rehabilitation apply. Act of 1973; or a person who has a "handicap," as defined in C.R.S. 2444-301(4), the Colorado Affordable Housinq Zone Di~ri~ - See Aspen Land Antidiscrimination Act. Use Code .;.::~.,~.~.~.~:~ Section 5-206.2. Do~ow - A structure or poAion thereof under single APOHA - Aspen/Pitkin County Housing AuthodW. management that provides group sleeping accommo- dations for occupants in one (1) or more rooms for A~s - Anything owned by an individual which has compensation. Standards for use, occupancy, ahd commercial or exchange value. Assets consist of design of such facilities shall be approved by 'the specific prope~ or ciaims ~gainst others, in contrast APCHA. See PeA III, Section 4, of these Guidelines. to obligations due others. See also definition for Gross Assets and Net Assets. EmerRen~ WoOer- An employee or volunteer ::(~[~ Baseme~ - As defined by the applicable Ci~ or of a communi~ based organization that provides County Land Use Code. immediate response health ~nd safeW so.ices, including, but not limited to the following: Fire .Bedr~m- Designed to be used for sleeping purposes Department Workers, Mountain Rescue, Sheriff's which may contain closets, may have access to a Deputies, Police Officers, Hospital Emergency Room bathroom and which meets applicable Ci~ or Coun~ Technicians, Social Se~iceWorkers (mental health and Uniform Building Code requirements for light, abuse case workers), Ambulance Drivers and ventilation, sanitation and egress. · Emergency Medical Technicians. ~pffal Improvemems - Unless othe~ise defined in the Empl~ - A person who is employed on the basis of Deed Restriction covering the affordable housing unit, ~ minimum of 30 hours per week, 9 months per year, any fi~ure erected as a permanentimprovementto real in Pitkin Coun~ (also see definition for Seasonal prope~ exctuding repair, replacement, and Employee). maintenance costs. Empl~er - A business whose business address is ~r~aker Dwell~nq Unks - See County Land Use Code. located within Aspen or Pitkin CounW, whose business employs employees (as defined herein) within Pitkin ~i~ner - A joint signatow of a promissow note who Count, and whose business t~es are paid in Aspen shall not occupy the unit unless qualified by the or Pitkin CounW. APCHA. 27 ~:!(~8~ii~i~i~i~ii~~ Gross In.me - The total income to include alimony ~;~~i~~~ and child suppo~ derived from a business, ~,:~~::~?~¢ employment and from income-producing prope~, ~:~?~::i~ ~:~{~i~ before deductions for expenses, depreciation, t~es; Ho~hold. All individuals w~o will be occupying the unb regardless of legal ~atus. Empl~ ~elli~ Un~ - See P~kin CounW Lend Use Code. Emp~ Ho~inq-See definkion for Affordable Ho~hold N~ ~ - Combined net assets of all individuals who will be occupying the unff regardle~ of Housing. legal status. Equ~ - ~ intere~ or value remaining in prope~ after payment of all liens or charges on the prope~ or Ho~hold In.me - Combined gro~ income of all the monetaw imere~ the owner has over and above individuals who will be occupying the un~ regardle~ of the mo~gage indebtedness, legal ~atus. F~ Simple E¢~e - The m~imum possible estate that ~:.~ ....................................... one can possess in real prope~; complete and absolve ownership of indefinite duration, freely Joi~ Ten~ - Title in real estate owned by ~o or transferable, and inherkable, more persons w~h right of su~ivorship, which upon the death of one, vets in the remaining jo[~ tenant or Fin~ci~ ~eme~ - A ~atement detailing all personal tenants. assets, liabilities, and net wo~h (the d~erence be~een assets and liabilities) as of a spec~ic date. Le~hold I~er~- A less than fee simple estate which a tenant possesses in rea[ prope~. ~ure - 1) A tangible thing which previously was personal prope~ and which ~as been aEached to or L~ew- A drawing of lots to sele~ a winner from equal installed on land or a structure thereon in such a way applicants of highest priori~. as to become a pa~ of the real prope~. 2) Any non- potable lighting device built in or a~ached securely to M~imum Bid Pd~ - Unless othe~ise defined in the the stru~ure. 3) ~e permanent pa~s of a plumbing Deed Restriction covering the unit, the ownerfs sy~em and figures, purchase price multiplied by the appreciation (as perm~ed by the Deed Restriction) plus the present Gr~ ~ - An~hing which has tangible or value of capital improvement co~s including labor, intangible value, including prope~ of all kinds, both professionally provided, and for which ver~ication of real and personal; includes among other things, the expend~ure is provided. patents and causes of a~ion which belong to any person, as well as any stock in a corporation and any Minimum O~u~ One person (with a intere~ in the estate of a decedent; also, the entire leasehold/ownership interest) per bedroom. A minor prope~ of a person, association, corporation, or child or dependent shall be granted equal ~atus as a estate that is applicable or subject to the payment of person with leasehold/ownership interest. debts, Gross assets shall include funds or prope~ held in a living t~ or any similar enti~ or interest,. N~ ~ - Gross assets minus liabil~ies. where the person has management rights or the to apply the assets to the payment of debts. Gross N~ ~eable Square Footage - Is catcul~ed on interior assets shall not include, where approved by Special living ~rea and is measured interior wail to i~erior wall, Review, pension plans, blind t~s, or other entities or including all interior pa~ions including, b~ not limffed interests in which a person has no management rights to hab~able basements and i~erior storage areas, and no abil~ to app~ such assets to the payment of closets and laundw area. ~clusions include, b~ are debts, except to t~e'e~ent that t~able earnings or not lim~ed to, uninhabitable basements, mechanical interest income are der~ed therefrom, areas, e~erior storage, stai~ells, garages (e~er aE~ched or detached), patios, decks ~nd porches. 28 Permanent Moderate Houslnq (PMH) - Aisc to be Tenanoy-in~-_..ommon-Ownership of property between known as Affordable Housing (AH). See County Land two or more persons who have an undivided interest Use Code. in the whole property; no right of survivorship, when one of the owners dies, the interest passes to hisor Present Value- For the purposes of these Guidelines her heirs or beneficiaries and not to the surviving end any Deed Restrictions containing such terms, the tenants in common. present value shall be the cost or price of any capital improvements as established at the time of such improvement and shall be neither appreciated nor depreciated from such time. .Qualified Person - Person(s) meeting the income and asset limitations who meet the profile requirements (part of which requirements inctude being a qualified employee, a senior, a disabled person, or dependent(s) of any of these as such terms are defined herein) established by the APCHA from time to time and in effect at any time. Resale Aqreement - A contract entered into between the APCHA and the owner or purchaser of real property [denti~ing the conditions of occupancy and resale (also commoniy referred to as a Deed Restriction). Seasonal Employee - A person working not less than 30 hours per week during the Winter Season (generally November through April) snd/or Summer Season (generally June through August). Senior - A person the age of 62 years or more. Special Review Comm~ee - A Special Review Committee, as established from time to time by the APCHA, is composed of three or more persons representing the APCHA, City staff, County staff, or their respective elected officials. 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. Storaqe Space - Space intended and commonly utilized as location for preservation or later use or disposal of items. APPENDIX A. LISTING OF PRINCIPAL SALES PROJECTS AND INCOME CA'IqEGORIES (as of January 1993) MAXIMUM INCOMES BY CATEGORY Cateqory 1 Cateqory 2 Cateqory 3 Cateqory 4 Maximum Household Income 0 Dependent $22,000 $35,000 $50,000 $ 85,000 1 Dependent $27,000 $40,000 $55,000 $ 90,000 2 Dependents $32,000 $45,000 $60,000 $ 95,000 3 or More Dependents $37,000 $50,000 $65,000 $100,000 Single-family Home $42,000 $55,000 $70,000 $100,000 NOTES: 1. A household in an income category wishing to purchase or rent a unit restricted under a higher category may qualifl] for a unit restricted under a higher category. 2. In addition to the income categories set forth above, affordable housing units may be designated "Resident Occupied Units" and have different income and occupancy qualifications as set forth in the Guidelines. CHART OF PRINCIPAL SALE PROJECTS AND REQUIREMENTS NUMBER OF UNITS MAXIMUM REQUIRED PROJECT NAME AND TYPE OF UNiTS INCOME CATEGORY RESIDENCY AASC PARK PLACE 24 Units No Income Guidelines Per Covenants t~ k AABC ROW HOUSES 12 Units No income Guidelines Per Covenants q W CENTENNIAL 92 Units Category 4 Per Guidelines EAST OWL CREEK 4 Units Category 4 Per Guidelines' FAIRWAY THREE 30 Units Category 4 Per Guidelines HIGHLAND VILLAS 16 Units Category 4 Per Guidelines HUNTER CREEK 77 Units Category 4 Per Guidelines LONE PiNE 28 Units Category 4 Per Guidelines MIDLAND PARK 37 Units Category 3 Per Guidelines OH-BE-JOYFUL 5 Units Category 3 Per Guidelines SMUGGLER MOSILE HOME PARK 87 Units (Modular) No Income Requirements Per Covenants SMUGGLER RUN MOBILE HOME PARK 17 Single-Family (Modular) Category 4 Per Covenants SOPRIS CREEK Lots 1, 2, 5, 7 & 9: Category 3 CABINS 6 Units Lot 8: Category 1 Per Guidelines TWIN RIDGE 12 Townhomes 13 Single-Family (w/Garage) Category 4 Per Guidelines iii WEST HOPKINS 11 Units Category 2 and3 Per Guidelines WILLIAMS WOODS 18 Units Category 2 and 3 Per Guidelines TOTAL I 489 units I I APPENDIX B. LISTING OF PRINCIPAE RENTAL PROJECTS AND INCOME CATEGORIES (as of January 1993) MAXIMUM INCOMES BY CATEGORY Ceteqory 1 Cateqory 2 Cateqory 3 Cateaory 4 Income Percentile 25% 50% 75% >75% Maximum Household income 0 Dependent $22,000 $35,000 $50,000 $ 85,000 1 Dependent $27,000 $40,000 $55,000 $ 90,000 2 Dependents $32,000 $45,000 $60,000 $ 95,000 3 or More Dependents $37,000 $50,000 $65,000 $100,000 Single-family Home $42,000 $55,000 $70,000 $100,000 NOTES: 1. A household in an income category wishing to purchase or rent a unit restricted under a higher category may quali~, for a unit restricted under a higher category. 2. In addition to the income categories set forth above, affordable housing units may be designated "Resident Occupied Units" and have different income and occupancy qualifications as set forth in the Guidelines. CHART OF PRINCIPAL RENTAL PROJECTS AND REQUIREMENTS NUMBER OF UNITS MAXIMUM REQUIRED PROJECT NAME AND TYPE OF UNITS INCOME CATEGORY RESIDENCY AABC APARTMENTS 40 Units CategoW 3 Per Covenants CASTLE RIDGE 80 Units - Per Covenants CENTENNIAL 148 Units Category I and 3 Per Guidelines CLARK'S MARKET APARTMENTS 18 Units N/A - Resident Occupied Per Covenants HUNTER LONGHOUSE 28 Units Category 3 Per Guidelines HUNTER LONGHOUSE ADD'N 5 Units Category 3 Per Guidelines MAROLT RANCH Permanent 4 Units Category 3 Seasonal 96 Units N/A Per Guidelines MOUNTAIN OAKS/HOSPITAL 21 Units Hospital Priority Per Hospital SMUGGLER MOUNTAIN APARTMENTS 11 Units Category 1 Per Guidelines TRUSCOTT PLACE Permanent 46 Units - New Category 3 Per Guidelines 50 Units - Old N/A W/J Ranch Cid 35 Units N/A - Resident Occupied Per Guidelines New 27 Units Category 3 and 4 TOTAL 513 Units Permanent 9~6 Units Seasonal 609 Units ' APPENDIX C. LISTING OF PRINCIPAL RENTAL PROJECTS AND PROPERTY MANAGERS (as of January 1993) AABC Apartments 40 Apartments Lynn Hancock 303 Aspen Airport Business .Center Aspen, CO 81611 (303) 925-2102 Castle Ridge Apartments 80 Apartments Joe Hentze, Resident Manager 1175 Doolit~le Circle, #403 Aspen, CO 81611 (303) 925-8851 Centennial Apartments 148 Apartments Kim Miller, Property Manager 100 Luke Short Court Aspen, CO 81611 (303) 925-1876 Hunter Longhouse Apartments 33 Apartments Juiie Estes, Property Manager 101 Lone Pine Road, #20 Aspen, CO 81611 (303) 925-9474 Marolt Ranch (Seasonal Housing) 96 Seasonal Units Ken Mayie, Property Manager Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 (303) 920-5050 11 Apartments Smuggler Mountain Apartments Terry Kappeli, Chief of Property Management Aspen/Pitkin County Housing Authority · 530 East Main, Lower Level Aspen, CO 81611 (303) 920-5050 46 Apartments - New Truscott Place Apartments 48 Units - Terry Kappeli, Chief of Property Mgmt. Aspen/Pitkin County Housing Authority 530 East Main, Lower Level Aspen, CO 81611 (303) 920-5050 W/J Ranch Apartments 27 Apartments Bill & Karen Slater, Property Managers McLain Fiats Road Aspen, CO 81611 (303) 925-7211