HomeMy WebLinkAboutItem 8.1 BMR Standard City Policy~`~.~ OF D~jB`f~
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STAFF REPORT C 1 T Y C L E R K
DUBLIN CITY COUNCIL File #^[~]~ OD-~0
DATE: July 19, 2011
TO: Honorable Mayor and City Councilmembers
FROM: Joni Pattillo, City Manager
SUBJE . Converting the Temporary Policy for the Rental of Below Market Rate Ownership
Units into a Standard City Policy ~
Prepared by John Lucero, Housing Specralist
EXECUTIVE SUMMARY:
Due to the continuing slow-down in the housing market, for-sale Below Market Rate (BMR Sale
Unit) owners desiring to sell their BMR Sale Unit are having difficulty finding qualified buyers
willing to purchase the Units at the restricted resale price. Qualified buyers would rather
purchase market rate homes free of resale restrictions rather than a BMR Sale Unit that is
priced close to or above market rate prices.
To assist BMR Sale Unit owners who are having difficulty in finding qualified buyers, the City
Council adopted and subsequently extended a temporary policy for BMR Sale Unit owners to
rent their Units. Owners can rent their Units for two-year intervals if they satisfy requirements
set forth in the temporary policy. Based on Staff's research, it is recommended that the
temporary policy be converted into a standard City policy.
FINANCIAL IMPACT:
None.
RECOMMENDATION:
Staff recommends that the City Council: 1) Receive Staff presentation; and 2) Adopt a
Resolution establishing a Policy for the Rental of Befow Market Rate Ownersiiip Units by
Owners Unable to Sell Their Units at the Restricted Resale Price.
S bmitted By evie ed B
Community evelopment Director Assistant Ci anager
Page 1 of 4 ITEM NO. ~•~
BACKGROUND:
The City's Inclusionary Housing Program requires purchasers of for-sale below market rate
units (BMR Sale Unit) to execute a"Resale Restriction Agreement and Option to Purchase"
(Resale Restriction Agreement) that is recorded against the BMR Sale Unit. The Resale
Restriction Agreement requires, that the BMR Sale Unit remain affordable for a period of time;
requires the owner to live in the Unit as his or her primary residence; prohibits the owner from
selling the BMR Sale Unit for more than the restricted resale price; and, prohibits the owner
from renting the BMR Sale Unit without the consent of the City.
In mid-2008, severa! owners of BMR Sale Units desiring to self their Units requested consent
from the City to rent their Units. The owners indicated that they are having difficulty finding
qualified buyers willing to purchase the Units at the restricted resale price. At the August 19,
2008 City Council meeting, the City Council adopted Resolution No. 157-08, Establishing a
Temporary Policy for the Rental of Below Market Rate Ownership Units by Owners Unable to
Sell Their Units at the Restricted Resale Price (Temporary Policy) for a two-year time period
(Attachment 1). The Temporary Policy requires that a BMR Sale Unit must be on the market for
at least six months and the owner make commercially reasonable efforts to sell the Unit, as
determined by the City. If the efforts to sell are unsuccessful, the owner may enter into an
Affordable Housing Rental Regulatory Agreement and Declaration of Restrictive Covenants
(Rental Regulatory Agreement) with the City and rent their BMR Sale Unit if they satisfy
requirements set forth in the Temporary Policy. -
On May 18, 2010 the City Council adopted Resolution No. 73-10 extending the Temporary
Policy until August 19, 2012 (Attachment 2).
Since the inception of the Temporary Policy, the City has executed three Rental Regulatory
Agreements. One owner has since stopped renting and sold their Unit. Currently, ten BMR
Sale Unit owners have their Units on the market and have the option to utilize the Temporary
Policy.
Proposed Rental Policy
Staff has evaluated the Temporary Policy and received feedback from several BMR Sale Unit
owners, as well as real estate professionals, stating that it may take some time before the
market corrects back to the price that would facilitate the sale of the BMR Sale Units. Based on
Staff's research, it is recommended that the Temporary Policy should be converted into a policy
that addresses the realities of the market for the near and long-term.
Staff has developed a proposed standard Policy for the Rental of Below Market Rate Ownership
Units by Owners Unable to Sell Their Units at the Restricted Resale Price (Policy) based on the
existing Temporary policy for the City Council's consideration. The proposed standard Policy is
similar to the Temporary Policy with the exception of two areas: 1) In-lieu of listing the Unit for
sale for at least six months, the standard Policy specifies that owners can submit a real estate
market analysis to verify the market value of the Unit; and, 2) The term of a Rental Regulatory
Agreement woutd be changed from a two-year to a extendable five-year interval. Both areas
are more fully discussed below.
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Page 2 of 4
1. No Real Estate Listing Required
The Temporary Policy currently requires that, prior to renting the unit, the unit must be listed
for sale for at least six months (see Attachment 2, page 2).
Due to real estate market conditions, market prices for homes are near or below the
restricted resale price of a BMR Sale Unit. Therefore, BMR owners are having difficulty
finding qualified buyers willing to purchase their Units at the restricted resale price. The
proposed standard Policy provides the owner the opportunity to request to rent their Unit
without having to market their Unit, providing that a real estate market analysis report that
includes comparable home sales data and prepared by a City-approved real estate
professional, is submitted to the City that demonstrates the restricted resale price is greater
than the market price for a similar unit (see Attachment 3, page 2).
2. Term of Regu{atory Agreement
The Temporary Policy currently requires that all Rental Regulatory Agreements terminate at
the expiration of the Temporary Policy on August 12, 2012.
The proposed standard Policy allows for a five-year term, with unlimited extensions. An
extension would be approved if a new real estate market analysis states that the restricted
resale price is greater than the market price for a similar unit.
The changes to the Policy in these two major areas preserve the City's affordable housing stock
by helping BMR Sale Unit owners avoid foreclosure.
Current Rentals of BMR Sale Units
Rentals of BMR Sale Units under the Temporary Policy would continue under that policy until
the expiration of leases. Lease renewals would be subject to the terms and conditions of the
proposed standard Policy.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A Notice has been sent to the ten BMR Sale Unit owners that may be affected by the proposed
Policy.
ATTACHMENTS: 1) Resolution No. 157-08, Establishing a Temporary
Policy for the Rental of Below Market Rate Ownership
Units by Owners Unable to Sell Their Units at the
, Restricted Resale Price (Temporary Policy} for a two-
year time period
2) Resolution No. 73-10, Resolution Extending a
Temporary Policy for the Rental of below Market Rate
Ownership Units by Owners Unable to Sell Their Units
at the Restricted Resale Price
Page 3 of 4
3) Resolution Establishing a Policy for the Rental of
Below Market Rate Ownership Units by Owners Unable
to Sell Their Units at the Restricted Resale Price
Page 4 of 4
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RES4LUTION N0.157 - 08
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ESTABLISHING A TEMPORARY POLICY FOR THE RENTAL (}F
BELOW-MARI~ET RATE OWNERSHIP LTNITS BY OWNERS
UNABLE TO SELL THEIR UNITS AT THE RESTRICTED RESALE PRICE
RECITALS
WHEREAS, the City of Dublin's ("City") Inclusionary Housing Program requires purchasers of
Below Mazket Rate ("BMR") for-sale units ("Unit") to execute and record a Resale Restricrion
Agreement with Option to Pwchase ("Resale Restriction Agreement"); and
WHEREAS, the Resale Restriction Agreement prohibits BMR owners from selling their BMR
Units at more than a restricted price; and
WHEREAS, due to the recent slow down in the housing market, BMR owners are having
difficulty finding qualified buyers willing to purchase their BMR units at the restricted resale price
because such prices are so close to market prices that qualified buyers would rather purchase Market Rate
homes free of resale restrictions; and
WHEREAS, BMR owners who are unable to sell their BMR units would like to rent their BMR
units; and
WHEREAS, the Resale Restriction Agreement prohibits the rental of the BMR. units without the
consent of the City; and
WHEREAS, although the City does have a policy authorizing rental of BMR units when the
owner has a hardship, the City does not currently have a policy regarding the rental of BMR units by
BMR owners who are unable to sell their units at the restricted price; and
WHEREAS, this Resolution is intended to establish a temporary policy for the rental of BMR
units by BMR owners who are unable to sell their units.
NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve as follows:
1. Policy. During the Policy Term, the owner of a BMR unit who is unable to find a qualified buyer
to purchase his or her unit at the Adjusted Resale Price may rent his or her unit provided that the
following requirements are satisfied:
(a) The BMR unit has been on the market for at least six (6) months and the Owner has made
commercially reasonable efforts to sell the BMR unit, as determined by the City. Such
efforts shall include, but shall not be limited to, listing the unit with a Real Estate Broker,
ensuring the unit is listed in the Multiple Listing Service, and making the unit reasonably
available for viewing by Brokers and potential purchasers and their agents;
(b) The BMR owner enters into a regulatory agreement with the City;
(c) The future Tenant is an Eligible Household in the same income category as the BMR unit;
Reso No. 157-08, Adopted 8/19/08, Item 7.2 Page 1 of 3 ~~ ~' ~' ~ ~' 0~~~ d
ATTACHMENT 1.
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(d) The lease contains the provisions set forth in Section 4 below;
(e) The monthly rental payment does not exceed the amount set forth in Section 3 below;
(f} A copy of the lease is submitted to the City within five (5) days following execution of the
agreement by the Owner and Tenant;
(g) The BMR owner does not live in the BMR unit during the term of the lease; and
(h) The lease shall terminate no later than the Authorized Lease Termination Date.
2. Definitions. The following definitions shall apply to this Policy:
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(a) "Authorized Lease Termination Date" means two (2) years from the effective date of this
Resolution.
(b} "Policy Term" means two (2) years from the effective date of this Resolution.
(c) Capitalized terms not defined herein shall have the meaning ascribed to such terms in the
Resale Restriction Agreement.
(d) Total Monthly Household Cost of the Unit means mortgage payment, taxes, homeowners
association fees and insurance (does not include utilities).
3. Rent. T'he monthly rental payment for the BMR unit shall not exceed either the maximum rent,
as calculated per Chapter 5.6 of the Layman's Guide to the Inclusionary Zoning Ordinance, for the
applicable income category and household size, or the total monthly household cost of the unit,
whichever is less. If the Tenant pays utilities or Homeowners' Association dues, maximum rent
must be decreased pursuant to the City's utility allowance schedule. Household size will be
assumed based on the number of bedrooms in the unit as follows: studio, 1 person; 1 bedroom, 2
persons; 2 bedroom, 3 persons; 3 bedrooms, 4 persons; 4 bedrooms, 5 persons; and 5 bedrooms, 6
persons.
4. Lease. T'he lease agreement shall clearly state: (1) the term of the lease; (2) the monthly rental
payment; (3) that the BMR unit is an affordable unit subject to certain restrictions imposed by the
City; (4} that the Tenant may be required to submit income documentation to the City upon
request; (5) that the lease term will expire no later than the Authorized Lease Termination Date;
and (6) that the City is a third party beneficiary to the lease.
5. Authoriry of City Manager. The City Manager or his or her designee shall have the authority and
responsibility for the implementation of this Policy, including the authority to enter into regulatory
agreements with the BMR owners in a form approved by the City Manager and the City Attorney.
6. Effect of Violation. Any lease that violates the provisions of this Policy is prohibited, and any
owner who violates this Policy shall be deemed to be in default under his or her Resale Restriction
Agreement.
7. Severabiliry Clause. The provisions of this Resolution are severable and if any provision, clause,
sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any
Reso No. 157-08, Adopted 8/19/08, Item 72 Page 2 of 3
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person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability sha11 not
affect or impair any of the remaining provisions, clauses, sentences, sections, words, or parts
thereof of this Resolution or their applicability to other persons or circumstances.
8. Effective Date. This Resolution shall take effect immediately.
PASSED, APPROVED AND ADOPTED this 19th day of August, 2008, by the following vote:
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST•
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City Clerk
Reso No. 157-08, Adopted 8/19/08, Item 7.2 Page 3 of 3
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RESOLUTION NO. 73- 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*************
EXTENDING A TEMPORARY POUCY FOR THE RENTAL OF BELOW MARKET RATE
OWNERSHIP UNITS BY OWNERS UNABLE TO SELL THEIR UNITS AT THE RESTRICTED
RESALE PRICE
WHEREAS, the City of Dublin's ("City") Inclusionary Housing Program requires
purchasers of Below Market Rate ("BMR") for-sale units ("Unit") to execute and record a
Resale Restriction Agreement with Option to Purchase ("Resale Restriction Agreement"); and
WHEREAS, the Resale Restriction Agreement prohibits BMR owners from selling their
BMR Units at more than a restricted price; and
WHEREAS, due to the recent slow down in the housing market, BMR owners are having
difficulty finding qualified buyers willing to purchase their BMR units at the restricted resale price
because such prices are so close to market prices that qualified buyers would rather purchase
Market Rate homes free of resale restrictions; and
WHEREAS, BMR owners who are unable to se11 their BMR units would like to rent their
BMR units; and
WHEREAS, the Resale Restriction Agreement prohibits the rental of the BMR units
without the consent of the City; and
WHEREAS, although the City does have a poficy authorizing renta) of BMR units when
the owner has a hardship, the City does not currently have a permanent policy regarding the
rental of BMR units by BMR owners who are unable to sell their units at the restricted price; and
WHEREAS, the City does have a policy in place through August 19, 2010 (Temporary
Policy for the Rental of be%w Market Rate Ownership Units by Owners Unable to Sell Their
Units at the Restricted Resale Price) that allows for the rentat of BMR units by BMR owners who
are unable to sel! their units at the restricted price; and
WHEREAS, to assist BMR owners with the difficulty of finding qualified buyers, this
Resolution is to extend a temporary policy for additional two years from the date of expiration of
the original policy which is August 19, 2012 for the rental of BMR units by BMR owners who are
unable to sell their units.
NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve as
follows:
Policy. During the Policy Term, the owner of a BMR unit who is unable to find a qualified
buyer to purchase his or her unit at the Adjusted Resale Price may rent his or her unit
provided that the following requirements are satisfied:
Page 1 of 3 ATTACHMENT 2
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(a) The BMR unit has been on the market far at least six (6) months and the Owner
has made commercially reasonable efforts to sell the BMR unit, as determined by
the City. Such efforts shall include, but shall not be limited to, listing the unit with a
Real Estate Broker, ensuring the unit is listed in the Multiple Listing Service, and
making the unit reasonably available for viewing by Brokers and potential
purchasers and their agents;
(b) The BMR owner enters into a regulatory agreement with the City;
(c) The future Tenant is an Eligible Household in the same income category as the
BMR unit;
(d) The lease contains the provisions set forth in Section 4 below;
(e) The monthly rental payment does not exceed the amount set forth in Section 3
below;
(f) A copy of the lease is submitted to the City within five (5) days following execution
of the agreement by the Owner and Tenant;
(g) The BMR owner does not live in the BMR unit during the term of the lease; and
(h) The lease shall terminate no later than the Authorized Lease Termination Date.
2. De~nitions. The following defrnitions shall apply to this Poficy:
(a) "Authorized Lease Termination Date" means August 19, 2012.
(b) "Policy Term" means up to four years, from August 19, 2008 until August 19, 2012.
(c) Capitalized terms not defined herein shall have the meaning ascribed to such
terms in the Resale Restriction Agreement.
(d) Total Monthly Household Cost of the Unit means mortgage payment, taxes,
homeowners association fees and insurance (does not include utilities).
3. Rent. The monthly rental payment for the BMR unit shall not exceed either the maximum
rent, as calculated per Chapter 4.11.3 of the Guideline to the Inclusionary Zoning
Ordinance Regulations, for the applicable income category and household size, or the
total monthly household cost of the unit, whichever is less. If the Tenant pays utilities or
Homeowners' Association dues, maximum rent must be decreased pursuant to the City's
utility allowance schedu{e. Household size will be assumed based on the number of
bedrooms in the unit as follows: studio, 1 person; 1 bedroom, 2 persons; 2 bedroom, 3
persons; 3 bedrooms, 4 persons; 4 bedrooms, 5 persons; and 5 bedrooms, 6 persons.
Page 2 of 3
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4. Lease. The lease agreement shali clearly state: (1) the term of the lease; (2) the monthly
rental payment; (3) that the BMR unit is an affordable unit subject to certain restrictions
imposed by the City; (4) that the Tenant may be required to submit income
documentation to the City upon request; (5) that the lease term will expire no later than
the Authorized Lease Termination Date; and (6) that the City is a third party beneficiary to
the lease.
5. Authority of Cify Manager. The City Manager or his or her designee shall have the
authority and responsibility for the implementation of this Policy, including the authority to
enter into Regulatory Agreements with the BMR owners in a form approved by the City
Manager and the City Attorney.
6. Etfecf of Violafion. Any lease that violates the provisions of this Policy is prohibited, and
any owner who violates this Policy shall be deemed to be in default under his or her
Resale Restriction Agreement.
7. Severability C/ause. The provisions of this Resolution are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality,
or inapplicabili#y shall not affect or impair any of the remaining provisions, clauses,
sentences, sections, words, or parts thereof of this Resolution or their applicability to
other persons or circumstances. ~
8. Effective Date. This Resolution shall take effect immediately.
PASSED, APPROVED, AND ADOPTED BY this 18~' day of May, 2010, by the following
vote:
AYES: Councilmembers Biddle, Hildenbrand, Scholz, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Hart
ABSTAIN: None
ATTEST:
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Mayor
J
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City Clerk
Reso No. 73-10, Adopted 5-18-10, Item 4.10 Page 3 of 3
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RESOLUTION NO. XX - 11
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************
ESTABLISHING A POLICY FOR THE RENTAL OF BELOW MARKET RATE
OWNERSHIP UNITS BY OWNERS UNABLE TO SELL THEIR UNITS
AT THE RESTRICTED RESALE PRICE
WHEREAS, the City of Dublin's ("City") Inclusionary Housing Program requires
purchasers of below market rate units that are for sale ("BMR Sale Units") to execute and
record a Resale Restriction Agreement with Option to Purchase ("Resale Agreement") with the
City; and
WHEREAS, the Resale Agreement prohibits owners from selling their BMR Sale Units at
greater than a price as specified in the Resale Agreement; and
WHEREAS, due to the re-set of the economy which began several years ago, many
BMR Sale Unit owners are having difficulty finding qualified buyers willing to purchase their
units at the restricted resale price because in many instances, such price is so close to market
price that qualified buyers would rather purchase market rate homes free of resale restrictions;
and
WHEREAS, owners who are unable to sell their BMR Sale Units would like the ability to
rent their BMR Sale Units to qualified renter at restricted rents; and
WHEREAS, the Resale Agreement prohibits the rental of BMR Sale Units without the
prior written consent of the City; and
WHEREAS, on August 19, 2008, the City Council adopted a"Temporary Policy for the
Rental of Below Market Rate Ownership Units by Owners Unable to Sell Their Units At The
Restricted Resale Price" ("Temporary Policy"), effective through August 19, 2010; and
WHEREAS, due to insufficient improvement in real estate market conditions, on May 18,
2010, the City Council extended the Temporary Policy through August 19, 2012; and
WHEREAS, City Staff has evaluated the Temporary Policy, current and projected local
real estate market conditions, and feedback from several BMR Sale Unit owners and real estate
professionals, and is of the opinion that it is unlikely that as of August 19, 2012, the local real
estate market will have improved sufficiently for BMR Sale Unit owners who wish to sell their
homes to find qualified buyers willing to accept resale restrictions; and
WHEREAS, City Staff is further of the opinion that qualified potential renters of BMR Sale
Units are unwilling to rent from BMR Sale Unit owners due to the short term of the Temporary
Policy, as extended; and
WHEREAS, based on the research and evaluation, City Staff recommends that the
Temporary Policy be replaced by a policy that addresses the realities of the local real estate
market for both the near and long term conditions, to help prevent foreclosures and to preserve
the City's stock of below market rate units.
ATTACHMENT 3
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NOW, THEREFORE, the City Council of the City of Dublin does hereby resolve as
follows:
1. Adoption. The City adopts the "Policy for the Rental of Below Market Rate Ownership
Units By Owners Unable to Sell Their Units at the Restricted Resale Price" (the "Policy").
2. Current Leases. Rentals of BMR Sale Units under the Temporary Po{icy shall continue in
effect pursuant to the terms and provisions thereof, until the expiration of such leases. Lease
renewals and new leases entered into on or after the Effective Date of this Resolution shall be
subject to and governed by the terms and provisions of the City's Policy.
3. Conditions. A BMR Sale Unit owner who wishes to rent his or her unit must, at minimum,
meet all of the following conditions:
(a) Submission to the City of a market analysis, not less than every five (5) years,
prepared by a City-approved real estate professional, demonstrating that the
Adjusted Resale Price is greater than the market price for a similar unit;
(b) Execution of a recordable Affordable Housing Rental Regulatory Agreement and
Declaration of Restrictive Covenants ("Rental Regulatory Agreement") with the
City for a term of not more than five (5) years, unless extended by the City based
on current local real estate market conditions;
(c) Qualification of the prospective tenant as an Eligible Household in the same
income category as the BMR Sale Unit;
(d) City approval of the form of lease;
(e) A monthly rental payment that does not exceed the lesser of the maximum rent,
calculated per Chapter 4.11.3 of the City's Guidelines to the Inclusionary Zoning
Ordinance Regulations for the applicable income category and household size; or
the total monthly household cost of the unit;
(f) Submission of a copy of the lease to the City within five (5) days of its execution by
the owner and tenant(s);
(g) Owner's agreement that owner shall not live in the BMR Sale Unit during the term
of the lease.
(h) Owner's acknowledgement that compliance with the provisions of the Policy are
and shall be applicable to each proposed lease of Owner's BMR Sale Unit.
4. Definitions. The following definitions shall apply to this Policy:
(a) The term of the Rental Regulatory Agreement shall not exceed five (5) years
("Term"). In the exercise of its discretion, City may agree to an extension of the
Term based on Owner's submission, at five-year intervals, of a local real estate
market analysis demonstrating to City's satisfaction that comparable market rate
units are available for purchase at the same or lesser price as the Adjusted Resale
Price.
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(b) Capitalized terms not defined herein shaii have the meaning ascribed to such
terms in the Resale Agreement.
(b) Total Monthly Household Cost of the Unit shall mean the cost of an owner's
monthly mortgage payment, taxes, homeowners' association fees and insurance
for the BMR Sale Unit, but shall not include the cost of utilities or maintenance.
5. Rent and Household Size. The monthly rental payment for the BMR Sale Unit shall not
exceed the definition of Affordable Rent for the applicable income category in the Rental
Regulatory Agreement entered into between the Owner and the City. The household
size for each BMR Sale Unit may not exceed two people for each bedroom and may not
be less than one person per bedroom. The chart below contains the household size
permitted for each BMR Sale Unit based on the number of bedrooms:
One-bedroom units
Two-bedroom units
Three-bedroom units
Four-bedroom units
1-2 people households
2-4 people households
3-6 people households
4-8 people households
6. Lease. The lease shall clearly state: (1) the term of the lease; (2) the monthly rental
payment; (3) that the BMR Sale Unit is an affordable unit subject to certain restrictions
imposed by the City; (4) that the tenant may be required to submit income documentation
to the City upon request; (5} that, the lease term will expire not later than five (5) years
from execution of the lease, absent City's written authorization of continued rental of the
BMR Sale Unit; (6) that the City is a third party beneficiary to the lease with the right, but
not the obligation, to enforce the terms of the lease; and (7) that the tenant will be
required to vacate the unit when the lease expires, and will not be eligible for any form of
relocation benefits or assistance.
7. Authority of City Manager. The City Manager or his or her designee shall have the
authority and responsibility for the implementation of this Policy, including the authority to
enter into Rental Regulatory Agreements and other implementing documents with the
BMR Sale Unit owners in a form approved by the City Manager and the City Attorney.
8. Effect of Violation. City's approval of a lease shall be based on a BMR Sale Unit owner's
compliance with the Policy. Therefore any BMR Sale Unit owner who violates this Policy
shall be deemed to be in default under both the owner's Rental Regulatory Agreement
and Resale Agreement.
9. Severability Clause. The provisions of this Resolution are severable and if any provision,
clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or
inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality,
or inapplicability shall not affect or impair any of the remaining provisions, clauses,
sentences, sections, words, or parts thereof of this Resolution or their applicability to
other persons or circumstances.
10. Effective Date. This Resolution shall take effect immediately.
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PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this
19th day of July, 2011, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
1662913.2
Mayor
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