HomeMy WebLinkAboutReso 03-08 BMR Rental Unit Plcy
RESOLU'][][ON NO 03 - 08
A RESOLUTHlN OF THE C][,][Y COUNCIL
OlF TlHffi C][TY OF DUlBL][N
***********
JEST ABL][SH][NG A POL][CY FOR. THE
RENTAL OlF BELOW MARKET RATE lFOR-SALE UN][TS
REC][T AI,S
WHEREAS, the CIty of Dublm's (' City") IncluslOnary Housmg Program reqUIres purchasers of
Below Market Rate for-sale umts ("BMR lFolr-Sane UOlt") to execute and record a Resale RestnctlOn
Agreement With Option to Purchase ("Resale RestnctloBl Agreement"), and
WHEREAS, the Resale RestnctlOn agreement prolubIts the rental of the BMR For-Sale Umt
WIthout the consent of the City and
WHEREAS, the CIty does not currently have a polIcy regardmg the rental of BMR For-Sale
Umts, and
WHEREAS, tlus ResolutIOn 15 mtended to establIsh a polIcy for the rental of BMR For-Sale
Umts
NOW, THERElFORE, the City Counctl of the CIty ofDublm does hereby resolve as follows
1 Polley The owner of a BMR For-Sale Urnt may rent his or her untt for a penod not to exceed
twelve (12) months upon demonstratIOn of hardshIp, as determmed by the City Manager, and
demonstrated by wntten approval from the CIty of Dublm
2 DefinitIOn "HardshIp' means circumstances m whIch a BMR O\\i11er IS reqUIred to be absent from
the umt for an extended penod of tIme due to eIther a change m the locatIOn of hIS or her employment or
health problems of the BMR owner or an munedtate farmly member ofthe BMR owner
3 Tenant SelectIOn Once the BMR owner obtams wntten approval from the CIty to rent hiS or her
BMR umt, the BMR umt owner shall select a tenant to rent the BMR unit that satisfies the IUcorne,
household Size, and other quahfymg household reqUIrements set forth m the CIty'S IncluslOnary
Ordmance (868 020A 1) and the CIty'S Layperson's GUIde to the Incluslonary Zomng Ordmance
RegulatIOns
4 Rent The monthly rental payment for the BMR umt shall not exceed the maxImum monthly rent
calculated In accordance WIth the City's IncluslOnary Ordmance (868 020A 1) and the City'S
Layperson's GUIde to the Incluslonary Zonmg Ordmance RegulatIons
5 Rental Agreement The BMR owner shall not execute a rental agreement for the BMR umt
WIthout first obtammg the City'S approval of such agreement The rental agreement shall clearly state (l)
the term of the rental (not to exceed the twelve month penod rental IS permItted pursuant to thIS pohcy),
(2) the monthly rental payment, and (3) that the rental IS for a lImited penod oftlme
Reso No 03.08, Adopted 1/15/08, Item 4 6
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6 Effect oj Vwlatwn Any rental agreement In vIOlatIon of thIS pohcy IS prohIbIted, and any owner
who vIolates tlns polley shall be deemed to be In default under hIS or her Resale RestnctIOn Agreement
7 Severabllzty Clause The prov1SIons of thiS ResolutIOn are severable and If any proVIsion, clause,
sentence, word or part thereof IS held Illegal, mvalId, unconstltutIOnal, or mapplIcable to any person or
CIrcumstances, such Illegahty, mvahdIty, unconstItutlOnahty, or mapphcabIhty shall not affect or ImpaIr
any of the remaInIng prOV1SIons, clauses, sentences, sections, words or parts thereof of thiS ResolutIOn or
theIr applIcabilIty to other persons or CIrcumstances
8 EffectIve Date TIns ResolutlOn shall take effect unmedtately
PASSED, APPROVED AND ADOPTJED thiS 15th day of January, 2008, by the followmg vote
A YES CouncIlmembers Htldenbrand, Oravetz, Sbrantl and Scholz, and Mayor Lockhart
NOES None
ABSENT None
ABST AKN None
ATTEST /? ~
~0fZ
Deputy CIty Clerk
Reso No 03 08 Adopted 1/15/08, Item 4 6
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