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HomeMy WebLinkAboutordinance.council.079-81FOR~ 5~ C.F. HOECKE[ B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO.i~8~ (Series of ) AN ORDINANCE ESTABLISHING 1982 QUALIFICATIONS AND GUIDELINES FOR LOW, MODERATE AND MIDDLE INCOME OWNERSHIP AND RENTAL OF EMPLOYEE HOUSING ~ITS WHEREAS, within the provisons of Section 24-±l.4(b)(4)(aa) of the Municipal Code of the City of Aspen, as amended, housing income-eligibility guidelines and housing price guidelines are to be established by the City Council, and WHEREAS, recommendations have been made to the City Council with respect to the establishment of employee housing income-eli- gibility guidelines and housing price guidelines for the year 1982 which are consistent with the guidelines in effect for the County of Pitkin, and WHEREAS, for the purpose of establishing uniform employee housin9 income-eligibility guidelines and housing price guidelines for both the City and County and in anticipation oJ the creation of a 3oint City/County Housing Office, the City Council desires to adopt those guidelines set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITYOF ASPEN, COLORADO~ Section 1 That the following shall constitute the City of Aspen's 1982 employee housing income-eligibility guidelines for low, moderate and middle income employee housin~ units l%cated within the City of Aspen: / i. Persons shall not exceed the/~ollowing maximum combined (family) household income per year (l.'~ss alimony and child support payments paid) INCOME RANGE Studio i Bedroom 2 Bedroom 3 or 4 Bedroom LOW MODERATE MIDDLE 0-9,350 0-13,420 0-19,800 0-23,925 8,50g~13,750 i2,200-20,625 18,000-27,500 21,750-36,025 12,500-27,500 18,750-31,350 25,000-48,400 32,750-63,800 RECORD OF PROCEEDINGS 100 Leaves 2. Applicants of 62 years of age or greater shall be reviewed according to the current income and residency guidelines for senior citizens adopted annually by the City Council. 3. Household assets shall not exceed 150% of the purchase price of the unit. Assets shall include all fixed and liquid assets, excluding personal effects. Assets shall include all pro- fessional and business equity for both self-employed persons and investors. If there remain unsold units within a project, the 150% asset maximum may be increased by 25% increments not to exceed 200% of sale price until all units are sold. 4. All persons shall be residents and employees in Pitkin County and shall receive priority according to the following schedule: (a) Residents of five (5) or more years with a minimum occupancy of one resident per bedroom. (b) Two (2) to five (5) years residency with minimum occupancy. (c) Two (2) or more years of residency without minimum occupancy. (d) Fewer than two (2) years of residency with minimum occupancy. If there remain unsold units within a project, the two year period may be reduced by six (6) month intervals until all units are sold. For the purpose of this section, minimum occupancy is defined as one person (with an ownership interest, or party to a lease if a rental project) per bedroom, and maximum occupancy is defined as not exceeding two persons (each with an ownership interest or party to a lease if a rental project) per bedroom. The minor children of a person with an ownership interest (or party to a lease if a rental project) is granted the same status as his or her parent for the purposes of this section. FORM EO C.F. HOECKEL B. B. & L. CO. RECORD OF PROCEEDINGS 100 Leaves For the pUrpose of assigning priority, the highest number of years of residency held by a spouse, any person acquirin9 an own- ership interest, or signing a lease (if a rental projeCt) will determine into which category the applicants will be assigned. The period of residency need not be continuous and need not be in~nediately prior to the date of application. 5. Persons who work in the County full time but live out- side the County shall be considered residents. 6. Ali persons shall be full time employees from the date o~ occupancy; provided that this requirement shall not apply to spouses (and intended spouses) of current owners and persons sixty-two (62) years of age and older. 7. The following shall have preference and en]oy such in the following priority; (a) Persons with an ownership interest (joint or ten- ants in color,non) in the unit provided that they have lived in the unit for at least one (1) year prior to conveyance. This section shall not apply when the sale of one owner's interest to another is an exempt transfer under the resale agreement. The purchase price for this interest must be equal to or greater than all other bids offered (but not exceeding the maximum appreciation). (b) Person(s) chosen by the remaining owner(s) to pur- chase the interest of another owner provided that he (they) make a bid equal to or greater than all other bids received (not exceeding the maximum appreciation) and all owners (subsequent to sale) will meet all current qualifications ~or a house- hold. (c) Spouses and intended spouses of current owners. (Assurances may be required of an intended marriage 3 RECORD OF PROCEEDINGS 100 Leaves (e) 8 · Debt as follows: and require the intended spouse to relinquish his or her interest in a unit if the marriage does not occur. ) Any owners of housing under a County Resale Agree- ment specifically giving the owner a priority over other applicants for employee housing units within the City. Those applicants who have been tenants on the site of a new employee housing project and shall be dis- placed due to the construction of the new project or the conversion of an existing project, provided that: 1) The tenants have lived on the site or in the units for a minimum of six (6) months before the starting date of construction, conversion~ or approval for conversion; 2) The tenants meet ali other qualifications per- taining to the project. /income ratios, incuding all liabilities, shall be 31-34% of total income allocated for servicing housing debt and related obligations/ 38-41% of total income for ali serviceable debt and obligations which includes current obligations added to loan liability for the purpose of calculating and adjusting the MiniIaum Required Household Income (M.R.H.I.) . 9. Unless specifically exempted by these 9uidelines, all persons having an ownership interest shall meet these qualifica- tions and all units shall be owner-occupied. Joint tenancy and tenancy in common shall be permitted with other forms of' joint ownership permitted only on special review of the City of Aspen. 4 FORM 50 C, F, HOECXEL B. B. 8( L. CO. RECORD OF PROCEEDINGS 100 Leaves 10. Ali transactions regarding the conveyance of any of these types of unit shall be sub3ect to the Resale Agreement. 11. For the purpose of applying these guidelines: (a) Assets and equity shall De defined in accordance with Federal Tax regulations concernin9 property, bonds~ interest, etc. Income is Adjusted Gross Income as defined in Internal Revenue Service (I.R.S.) regulations. (b) Proof of residency and employment shall consist (c) (d) of; (1) Employee verification - (W-2 income, Federal Tax return forms 1040/1040A for financial information) . (2) Employer verification. (3) Landlord verification (proof of residency, physical address). (4) *Valid Colorado Driver's License (address, issue date). (5) *Post Office Box. (6) *'i'elephone (date of installation, person listed to). (7) *Vehicle insurance and registration. (8) *Voter registration. Employment and residency shall be averaged for a minimum requirement of nine (9) months employment and residency. (Thirty (30) hours per week divided by forty (40) hours/full time week = 75%; 12 months x 75% = 9 months). Applicants shall be reviewed according to the fol- lowing financial criteria; 5 RECORD OF PROCEEDINGS 100 Leaves (1) Applicant must provide two (2) years of Federal tax returns and income statement and balance sheet. (2) No greater than a 20% discrepancy will be accepted between income reported on tax returns and current income statement, without thorough documentation of the discrepancy due to wage. increase, change in positions, etc. : (3) Co-signers will be approved for ownership projects provided that the co-signer is either related to the purchaser or is an employer of the purchaser and is not liable for more than twenty (20%) percent of the monthly payments required to amortize the mortgage. *Optional methods. Section 2 The following shall constitute the City of Aspen's employee housing price guidelines for sale and rental of low, moderate and middle income employee housing units located within the City of Aspen: INCOME AND PRICE GUIDELINES - 1982 INCOME RANGE LOW MODERATE MIDDLE Studio 1 Bedroom 2 Bedroom 3 or 4 Bedroom 0-9,350 0-13,420 0-19,800 0-23,925 8,500-13,750 12,200-20,625 18,000-27,500 21,750-36,025 12,500-27,500 18,750-31,350 25,000-48,400 32,750-63,800 ....... L'OW ........ MODERATE MIDDLE COnstructed Units (allowed price per square foot) Salesl~ Rentalz,3 $54 $68 $83 .47 .58 .75 6 FORM 50 C, F. HOECKEL B. b. & L. CD. RECORD OF PROCEEDINGS 100 Leaves Studios: 71 Bedroom: 2 Bedroom: 3 and 4 Bedroom: MINIMUM/MAXIMUM SQUARE FEET: 300-600 Sq. Ft. 500-800 Sq. Ft. 700-1100 Sq. Ft. 1000-1300 Sq. Ft. NOTES: 1 and 2 Square foot allowance is calculated on living area only. Rental rates round to nearest $5. Sale prices rounded to nearest $100. 3Rental prices include all common utilities. Section 4 The employee housing income-eligibility guidelines and hous- ing price guidelines set forth above shall apply to all units deed restricted to employee housing units after the effective date of this ordinance. All employee housing units approved prior to the effective date of this ordinance shall be allowed to.adjust their rental rates and/or sales prices consistent with the guide- lines contained in this ordinance and consistent with any subsequent guidelines adopted by the City of Aspen provided, however, that in no case shall any previously deed restricted employee unit be required to reduce its rental rate or sales price in the event said guidelines are decreased. Section 5 If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held ~invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 6 A public hearing on the ordinance shall be held on the ~3 day of , 1981, at 5:00 P.M. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the ATTEST: Kathryn S~ Koch~, City Clerk FINALLY adopted, passed and approved on the . ~ , 1981. day of He~fan Edel, Mayor ATTEST: ~ORM 5O C.F. HO£CK~L B. D, & C. RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) C~.,N.fFICATE I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and. foregoing ordinance was introduced, read in full, and passed on .=m~ci~-~ rea~ding am 'a regular meeting of the City Council of the g. mne~ a weekly newspaper of general circul- in the Aspen ~ ~ ~ ahion, published :Ln %he City of Aspen, Colorado, in i~.s issue of , ].9 ___, and was finally adopted and apnrn~red ah a regular . . . . ~. ....... :L~,g of the City Council on Ordinanc-~, . ... 1o. .~ .... , Series of 19.~/, of said ~""'.~,.,, as .law. IN l..~z.~i~bb WHEREOF, I have hereunto set my !.,~.~.:~ and tile seal of said City of Aspen, Colorado, this _ ~_~ day o~ ~~.y~.~,__. 19~. -. ..... De~utv ..A~y Clerk