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HomeMy WebLinkAbout1986-09 HA .. . . . . RESOLUTION NO. 86-9 RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF SANTA ANA AUTHORIZING EXECUTION OF THE MEMORANDUM OF UNDER- STANDING REGARDING THE RENTAL REHABILITATION PROGRAM WHEREAS, the United States Department of Housing and Urban Development ("HUD") has approved the Rental Rehabilitation Program ("Program") of the City of Santa Ana ("CITY") and the Housing Authority of the City of Santa Ana ("PHA") pursuant to Section 17 of the United States Housing Act of 1937 (47 U.S.C. l437Ø); and WHEREAS, CITY has received a commitment from HUD for the Program for funds for Federal Fiscal Year 1986 to finance the rehabilitation of rental properties for the benefit of lower-income families; and WHEREAS, HUD has housing assitance funds ing Certificate Program Program; and requested the PHA's under HUD's Section and HUD's Section 8 application for 8 Existing Hous- Housing Voucher WHEREAS, the CITY and the PHA desire to set forth their rights and obligations concerning the Program in a memorandum of understanding to be executed by the CITY and PHA. NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Santa Ana as follows: 1. The Memorandum of Understanding is hereby approved and accepted both as to form and substance. 2. The Chairman is hereby authorized and directed to execute the Memorandum of Understanding and forward it to the Department of Housing and Urban Development of the United States of America, together with such other documents as may be required. ~ . . . . Page 2 Resolution 86-9 3. This Resolution shall take effect immediately. ADOPTED, this 15th day of September by the following vote: AYES: MEMBERS: 6 NOES: 0 MEMBERS: ABSENT: 1 MEMBERS: ATTEST: APPROVED AS TO FORM: , 1986, Griset, Johnson, Young Luxembourger, Hart, McGuigan Acost~ CHAIRMAN, HOUSING AUTHORITY .. . . . . 1'1 ð ( - ,(3 . MEMORANDUM OF UNDERSTANDING RENTAL REHABILITATION PROGRAM This Memorandum of Understanding ("Memorandum") is between the City of Santa Ana, a municipal corporation of the State of California ("Grantee"), and the Housing Authority of the City of Santa Ana ("PHA"), a public body corporate and politic. This Memorandum sets forth the understandings of the parties concerning the Grantee's Rental Rehabilitation Program ("Program") approved by the U. S. Department of Housing and Urban Development ("BUD") pursuant to Section 17 of the United States Housing Act of 1937 (42 USC 14370). The Grantee has received funds in Federal Fiscal Year 1986 for its Program to finance the rehabilitation of rental properties for the benefit of lower-income families. HUD has approved the PHA's application for housing assistance funds under the Section 8 Existing Housing Certificate Program and the Section 8 Housing Voucher Program. The Grantee and the PHA hereby agree as follows: 1. The Grantee will carry out its Rental Rehabilitation Program in accordance with: a. Section 17 and other applicable Federal laws; and the regulations in 24 CFR, Part 511. b. 2. The PHA will administer the Section 8 Existing Housing Certificate Program and Housing Voucher Program funding provided by HUD for the Grantee's Program in accordance with: a. Section 8 and other applicable Federal laws; b. the regulations in 24 CFR, Part 882; The Notice of Funding Availability for Section 8 Housing Vouchers and Certificates; and c. d. Other HUD regulations and requirements including the ACC between BUD and the PHA, and the Administrative Plan and Equal Opportunity Housing Plan approved by BUD. 3. The Grantee agrees to carry out its Rental Rehabilitation Program in accordance with the schedule in its Program . . . . . Description submitted to and approved by HUD. The Grantee will give the PHA 90 days of notice of the actual need for issuance of Section B Certificates or Housing Vouchers for the Grantee's Program (or if less than this, the maximum feasible notice for a Rental Rehabilitation project). The notice will state the number of Section B Certificates and Housing Vouchers needed and the approx- imate bedroom sizes. 4. The PHA agrees, upon notice by the Grantee of the projects approved for Rental Rehabilitation assistance, to determine the eligibility for Section B Certificates or Housing Vouchers of the families residing in the projects to be rehabilitated. 5. Except to the extent other use of the housing assistance funding is permitted by HUD, the PHA shall initially use the housing assistance funding provided by HUD in support of the Grantee's Program to issue Section B Certificates or Housing Vouchers to (a) eligible families residing in projects to be rehabilitated whether or not they stay in the project after rehabilitation or move, or (b) eligibile families selected from the PHA waiting list for the Section B Certificate or Housing Voucher Programs who agree to move initially into a rehabilitated project. For families described in (a), the PHA shall issue Section B Certificates and Housing Vouchers sufficiently in advance of the time housing assistance payments will begin to give families time to decide whether to move (when they are not required to move) and to give them time to locate to another unit (when they are required or choose to move). For families described in (b), the PHA shall issue Certificates or Housing Vouchers approximately 60 days before the estimated rehabilitation completion date. 6. a. The PHA and the Grantee agree that once the PHA has initially used the housing assistance funding in support of the Grantee's Program (pursuant to 55), the PHA has satisfied its obligation to the Grantee concerning such initial use. Initial use means the initial occupancy of a dwelling unit with Section 8 Certificate or Housing Voucher assistance. The Grantee will notify the PHA and HUD when its Rental Rehabilitation funds have been expended and remaining housing assistance funding is no longer needed for the Grantee's Program. At such time and with HUD approval, housing assistance funding not initially used for the Grantee's program may be used b. . for issuance of Section B Certificates and Housing Vouchers to other families on the PHA's waiting list in accordance with the PHA's Administrative Plan. For Section B Existing Certificates Only: 7. . . 8. . . a. In order to provide for maximum use of the Section B Certificate funding provided by HUD for the Grantee's Program, the Grantee and the PHA agree that the PHA may issue such Certificates to families on its waiting list until such time as Certificates are needed for the Grantee's Rental Rehabilitation Program. The PHA and the Grantee have analyzed the amount of Section B Certificate funding provided by HUD in support of the Grantee's Program, the Grantee's projected rehabilitation schedule, and the PHA's normal turnover rate and have found that this turnover rate is sufficient to handle the projected timing of actual need for Section B Certificates in support of the Grantee's Program. PHA system governing use of Certificates by non-residential rehabilitation families is set forth in "Exhibit A" attached hereto and by reference incorporated herein. b. The PHA will not retain any funding for Section B Certificates in reserve because the PHA's turnover rate is adequate to meet anticipated needs for the Grantee's Program. c. The PHA and the Grantee understand that if the PHA is unable to make available when needed for the Grantee's Program the full amount of Certificate funding provided by HUD to the PHA for that purpose, HUD will not provide additional funding to cover any shortfall and that there may be a delay in the Grantee's Program as a result. d. The preceding provisions of Section 7 do not apply to housing assistance funding for Housing Vouchers for use in connection with the Grantee's Program. Before HUD and the PHA execute an ACC for the housing assistance funding for Section B Certificates or Housing Vouchers in support of the Grantee's Program, the PHA shall certify to HUD that the PHA and Grantee have entered into a Memorandum of Understanding, and that the Memorandum of Understanding is consistent with the PHA's HUD-approved Administrative and Equal Opportunity Housing Plans. The parties understand that the Memorandum of Understanding is not subject to HUD approval, and that if there is an inconsistency between the PHA's Admin- . . . . . . . . istrative Plan (including any BUD-approved amendments of the plan) and the Memorandum of Understanding, the Administrative Plan shall prevail. By: CITY OF SANTA ANA: kJ Daniel E. Griset, Mayor ATTEST: Date HOUSING AUTHORITY OF THE CITY OF SANTA ANA: twJ Da~iel E. Griset, Chairman ATTEST: el n, Actlng Executlve the Housing Authority of Santa Ana APPROVED AS TO FORM: or the per, Attorney rity City Manager ... . Y. c. Guy, o/J1fM 9/ ~(¡:z Date Date