HABITAT FOR HUMANITY OF ORANGE COUNTY (4)

Home Browse Search

4.6.2 Developer shall be responsible for the selection of Eligible Homebuyers for the Affordable Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Prior to marketing any Affordable Units, Developer shall submit to the City for review and approval a proposed form purchase and sale agreement ("Form PSA") to be used for transferring the Affordable Units to Homebuyers. The Form PSA must contain all disclosures required by the Administrative Procedures Manual, and copy of the Affordable Housing Resale Restrictions, the City Promissory Note and the City Deed of Trust. 4.6.3 Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give a local preference in selecting Homebuyers of the Affordable Units in the following order of priority: (a) First priority shall be given to persons who have been permanently displaced or who face permanent displacement from housing in the City as a result of any of the following: (i) for projects funded by the Low -Moderate Income Housing Asset Fund, a redevelopment project undertaken pursuant to California's Community Redevelopment Law (Health & Safety Code Sections 33000, et seq.); (ii) Ellis Act, owner -occupancy, or removal permit eviction; (iii) earthquake, fire, flood, or other natural disaster; (iv) cancellation of a Housing Choice Voucher HAP Contract by property owner; or (v) governmental action, such as Code Enforcement. (b) Second priority shall be given to persons who are either: (i) residents of Santa Ana, (ii) individuals working in the City at least thirty two (32) hours per work for at least six (6) months prior to the occupancy, (iii) persons who seek to reside in the City as an accommodation to a mental or physical disability, or (iv) households with students who attend public school in the City. 4.6.4 The initial Homebuyer for each Affordable Unit shall have provided at least five hundred (500) hours of sweat equity pursuant to a written program implemented by Developer, with written documentation of the requisite number of hours. 4.6.5 Developer shall select Homebuyers in accordance with their Homebuyer Selection Process, which shall be provided to City upon request. 4.6.6 If a prospective Homebuyer qualifies as an Eligible Household, as defined herein, the Homebuyer shall be required to execute the Developer's Form PSA for the purchase and sale of an Affordable Unit. The Developer shall seek and obtain all approvals required from the City pursuant to the Form PSA and the Administrative Procedures Manual, and shall provide the City with all documentation required pursuant to this Agreement and the Administrative Procedures Manual. The Developer must submit a copy of the executed Form PSA for the purchase and sale of the Affordable Unit. The Program Director shall have not less than thirty (30) days to review the agreement to verify the total purchase price and the Homebuyer down payment amount to determine whether the terms are consistent with the requirements of this Agreement. The City has approval rights over any material amendments to the Form PSA made after it has been reviewed and approved by the Program Director. 4.7 Income Verification and Certification. 14 553 94.00101 \42405923.1