A. Income restricted affordable housing units shall be offered to households meeting the income qualification and other occupancy requirements, in the order established by the following priority tiers:
1. Tier 1 - Existing occupants of protected units, as defined in Government Code Section 66300.5(h) as it may be amended from time to time, who are lower-income households on a project site and who are displaced by a new development on the same site and are exercising a right of first refusal for a comparable unit in the new housing development, or in any required replacement units associated with a new development that is not a housing development, pursuant to Government Code Section 66300.6(b)(4)(B), as amended from time to time.
2. Tier 2 - Households displaced from a property within the City of Beverly Hills in the past ten years in the following order:
a. Senior households (62 years and older).
b. Households with student(s) in 10th grade or lower enrolled in the Beverly Hills Unified School District.
c. Other displaced households.
3. Tier 3 - Senior Households (62 years and older).
4. Tier 4 - Individuals employed full-time by a public or private entity located and operating in the City of Beverly Hills, and whose primary work location is located within the City of Beverly Hills. For purposes of this section, full-time employment is defined as a minimum average of 130 hours of service per calendar month over a six month period.
5. For purposes of this section, displacement or displaced shall be defined as when persons have permanently vacated their primary housing unit in the City, or are at risk of having to permanently vacate their primary housing unit within the City of Beverly Hills as a result of any of the following:
a. Demolition of the housing unit due to a new development project on the subject property;
b. Voluntary vacation of the housing unit related to a new development project on the subject property (for example, accepting cash for keys offer);
c. Withdrawal of the housing unit from the rental housing market under the Ellis Act;
d. Involuntary vacation of a housing unit due to a natural disaster such as an earthquake, fire, or flood;
e. Involuntary vacation of a housing unit as a result of a dangerous condition of the property making the unit unsafe to occupy on a permanent basis as deemed by the City, including but not limited to, when occupancy is no longer permitted pursuant to California Health and Safety Code regulations relating to a unit or building deemed substandard or uninhabitable.
6. Exceptions:
a. In the event that a density bonus is granted for specific tenants pursuant to State Density Bonus Law (California Government Code § 65915 (b)(1)(E)) then the tiered list provided in this section shall not be used to fill the affordable housing units.
b. In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability or other impermissible basis.
(Ord. 24-O-2894, eff. 6-7-2024; amd. Ord. 24-O-2902, eff. 12-8-2024)