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Item 35 - Housing Opportunity Ordinance
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09/07/2021 Regular
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Item 35 - Housing Opportunity Ordinance
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8/17/2023 1:41:21 PM
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Agenda Packet
Agency
Clerk of the Council
Item #
35
Date
9/7/2021
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<br />Ordinance No. NS-XXX <br />Page 11 of 14 <br /> <br /> <br /> <br /> <br /> (2) Certification of renters. The owner of any rental inclusionary unit <br />shall certify, on a form provided by the city, the income of all members of the household <br />above the age of eighteen (18) at the time of the initial rental and annually thereafter. <br /> <br />(3) Forfeiture. Any lessor who leases an inclusionary unit in violation of <br />this article shall be required to forfeit to the city all money so obtained. Recovered funds <br />shall be deposited into the inclusionary housing fund. <br /> <br /> (g) Execution and recording of documents. The executive director may require <br />the execution and recording of whatever documents are required to ensure enforcement <br />of this section; including, but not limited to, promissory notes, deeds of trust, resale <br />restrictions, rights of first refusal, options to purchase, and/or other documents, which <br />shall be recorded against all inclusionary units. <br /> <br /> (h) General prohibitions. <br /> <br /> (1) No person shall sell or rent an inclusionary unit at a price or rent in <br />excess of the maximum amount allowed by any restriction placed on the unit in <br />accordance with this article. <br /> <br /> (2) No person shall sell or rent an inclusionary unit to a person or <br />persons that do not meet the income restrictions placed on the unit in accordance with <br />this article. <br /> <br /> (3) No person shall provide false or materially incomplete information to <br />the city or to a seller or lessor of an inclusionary unit to obtain occupancy of housing for <br />which that person is not eligible. <br /> <br /> (i) Principal residency requirement. <br /> <br /> (1) The owner or lessee of an inclusionary unit shall reside in the unit for <br />not less than ten (10) out of every twelve (12) months. <br /> <br /> (2) No owner or lessee of an inclusionary unit shall lease or sublease, <br />as applicable, an inclusionary unit without the prior permission of the executive director. <br /> <br />Section 10. Section 41-1909 of Chapter 41 of the Santa Ana Municipal Code is <br />hereby amended to read in its entirety as follows: <br /> <br /> Sec. 41-1909. - Inclusionary housing fund. <br /> <br /> (a) Inclusionary housing fund. There is hereby established a separate fund of <br />the city, to be known as the inclusionary housing fund. All monies collected pursuant to <br />this article shall be deposited in the inclusionary housing fund. Additional monies from
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