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1. The tenant in a conversion condominium shall not unreasonably withhold consent to the declarant to enter the unit in order to inspect the premises, make necessary or agreed repairs, supply necessary or agreed services, or show the unit to prospective or actual workers or purchasers. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency, or unless it is impracticable to do so, the landlord shall give the tenant at least two days’ notice of the intent and may enter only at reasonable times.
2. The declarant shall not undertake remodeling for conversion of a unit while it is occupied by a tenant without the tenant’s written consent, or create any unreasonable disruption of the common areas, including but not limited to restricting access thereto, or interfere with the quiet use and enjoyment of the premises, or abuse the right of access or use it to harass the tenant.
The City Building Official shall administer this chapter. An application fee of two hundred dollars ($200.00) plus twenty-five dollars ($25.00) per unit shall be charged for conversion condominiums. This is in addition to other applicable fees. For new construction of condominiums, an additional fee of ten percent (10%) of the fee charged pursuant to the Building Code shall be charged hereunder or a fee of twenty dollars ($20.00), whichever is greater. Said fees do not apply to the resale of individual units by any owners thereof.
In reviewing requests for conversion of existing apartments to condominiums, the Commission shall consider the following:
1. Whether or not the amount and impact of the displacement of tenants if the conversion is approved would be detrimental to the health, safety, or general welfare of the community.
2. The role that the apartment structure plays in the existing housing rental market. Particular emphasis will be placed on the evaluation of rental structures to determine if the existing apartment complex is serving low- and moderate-income households. Standard definitions of low and moderate income and low- and moderate-income rents used by the Federal and State governments will be used in the evaluation. Along with other factors, the Council will consider the following:
A. The number of families on current waiting lists for assisted rental housing programs that operate in the City.
B. The probable income range of tenants living in existing apartments based on the assumption that households should pay between one-fourth and one-half of their income for housing. That income range will be compared with existing income limits program to determine whether potential displaced tenants can be categorized as low and moderate income.
3. The need and demand for lower-cost home ownership opportunities which are increased by the conversion of apartments to condominiums.
4. If the Commission determines that vacancies in the project have been increased for the purpose of preparing the project for conversion, the tentative plan may be disapproved. In evaluation of the current vacancy level under this subsection, the increase in rental rates for each unit over the preceding five (5) years and the average monthly vacancy rate for the project over the preceding two (2) years shall be considered.
The Commission shall not approve an application for condominium conversion unless the Commission finds that:
1. All provisions of this chapter are met unless waived.
2. The proposed conversion is consistent with the City Plan.
3. The proposed conversion will conform to the City ordinances in effect at the time of tentative plan approval, except as otherwise provided in this chapter.
4. The proposed conversion will not displace a significant percentage of low- and moderate-income or senior citizen tenants and delete a significant number of low- and moderate-income rental units from the City’s housing stock at a time when no equivalent housing is readily available in the area.