10-3-1528: OCCUPANCY PRIORITY:
Occupancy priority for eligible units shall conform to the following eight (8) tiers.
   A.   Tier 1 - Senior Tenants Displaced From The Project Site: First priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, then the order in which the units are offered to Tier 1 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 1 applicants having the same period of residency at the project site.
   B.   Tier 2 - Tenants With Beverly Hills Unified School District Students Displaced From The Project Site: Second priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units, the order in which the units are offered to Tier 2 applicants shall be based on the period of time that the longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to any Tier 2 applicants having the same period of residency at the project site.
   C.   Tier 3 -Tenants Displaced From The Project Site: Third priority shall go to income qualified households that have been or will be required to vacate existing dwelling units on the site of development so that an owner or developer may perform any construction, renovation or addition pursuant to a density bonus permit. If the number of qualified applicants in this tier exceeds the number of available units the order in which the units are offered to Tier 3 applicants shall be based on the period of time that longest tenured member of the household resided at the project site, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to Tier 3 applicants having the same period of residency at the project site.
   D.   Tier 4 - Displaced Senior Households: Fourth priority shall go to income qualified households in which at least one member is a senior (62 years and older) and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 4 applicants shall be based on the period of time that the longest tenured members of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 4 applicants having the same period of residency at the project site.   
   E.   Tier 5 - Displaced Tenants With Beverly Hills Unified School District Students: Fifth priority shall go to income qualified households that include as part of the household a legal guardian of one or more students currently enrolled in and attending the Beverly Hills Unified School District in grade 10 or lower, and that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 5 applicants shall be based on the period of time that the longest tenured member of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 5 applicants having the same period of residency at the project site.
   F.   Tier 6 - Displaced Households: Sixth priority shall go to income qualified households displaced from a multi-family building in the City that have or will be displaced or evicted from a multi-family building in the City other than the project site for the purpose of redevelopment if either: (1) the multi-family building was demolished for redevelopment within the two (2) years immediately preceding the date on which applications for the affordable housing units are due; or (2) the multi-family property to be redeveloped has received all entitlements, excluding building permits, and such redevelopment requires all residents to vacate the site, provided that such entitlements, or subsequent entitlements, remain valid and have not expired on the date the applications for the affordable housing units are due. If the number of qualified applicants in this tier exceed the number of available units, the order in which the units are offered to Tier 6 applicants shall be based on the period of time that the longest tenured member of the household resided at the multi-family building to be redeveloped, from longest to shortest, and a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 6 applicants having the same period of residency at the project site.
   G.   Tier 7 - Senior Households: Income qualified households with at least one member who is a senior (62 years and older). If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 7 applicants.
   H.   Tier 8 - Other Income Qualified Households: Income qualified households that do not meet the requirements of Tiers 1-7. If the number of qualified applicants in this tier exceeds the number of available units, then a lottery shall be held within this tier to determine the order in which the units are offered to the Tier 8 applicants.
   I.   Exceptions:
      1.   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.
      2.   In the implementation of these priorities, the City shall in no way discriminate against any person or family due to disability. (Ord. 05-O-2482, eff. 9-16-2005; amd. Ord. 19-O-2791, 10-22-2019)