HomeMy WebLinkAbout1986-09 HA
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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.
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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
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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
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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.
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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:
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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-
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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
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Date
Date