This article is adopted to implement the provisions and goals of the comprehensive housing policy, affirmatively further fair housing, create and maintain available and affordable housing throughout Dallas, promote greater fair housing choices, and overcome patterns of segregation and concentrations of poverty. (Ord. Nos. 31142; 32195)
This article applies to developments seeking a development bonus under Division 51A-4.1100 and other properties enrolled in a mixed-income housing program. (Ord. Nos. 31142; 32195)
(a) Alternative methods of provision. Developments seeking a bonus under this article may:
(1) provide the required units on the same building site as the market rate units;
(2) provide the units as part of a phased development as provided in Section 51A-4.1105(e); or
(3) pay a fee in lieu of on-site or phased development.
(b) On-site provision and phased on-site provision. Units provided on-site must comply with all requirements in Division 51A-4.1100
unless specifically exempted in the applicable zoning district.
(c) Fee in lieu. The requirement for reserved dwelling units may be satisfied by making a payment to the city's Mixed Income Housing Development Bonus Fund established by Resolution No. 22-0744.
(1) If the floor area devoted to non-residential uses is more than 20 percent of the total floor area, the fee is calculated by multiplying the applicable per square foot amount in Section 20A-34 by the total floor area as floor area is defined in Section 51A-2.102(38); otherwise the fee is calculated by multiplying the applicable per square foot amount in Section 20A-34 by the residential floor area as floor area is defined in Section 51A-2.102(38).
(2) The amount of the fee applies to each building using the bonus separately and will vary by the number of stories in that building according to Section 20A-34.
(3) After payment is received, the director shall issue a letter confirming that the development has met the affordability requirements of Division 51A-4.1100 to receive a mixed income housing development bonus. This letter must be recorded and made a part of the deed records of the county or counties in which the Property is located. The recorded letter will serve as the restrictive covenant required in Section 51A-4.1105 and in this article.
(d) Financial incentives.
(1) Developments that use the on-site or phased on-site provisions in Section 51A-4.1105(e) may also qualify for financial incentives.
(2) Financial incentives are not available to developments that choose the fee in lieu option. (Ord. 32195)
(a) Definitions. In this article:
(1) AFFIRMATIVE FAIR HOUSING MARKETING PLAN means a marketing strategy designed to attract renters of all majority and minority groups, regardless of race, color, religion, sex, disability, familial status, national origin, or source of income.
(2) AFFORDABLE RENT means: (i) a monthly rental housing payment, in compliance with a rent and income schedule produced annually by the department, or (ii) the voucher payment standard for voucher holders.
(3) ANNUAL INCOME has the definition assigned to that term in 24 CFR §5.609, "Annual Income," as amended.
(4) APPLICANT means a household applying to lease a reserved dwelling unit.
(5) AREA MEDIAN FAMILY INCOME ("AMFI") means the median income for the Dallas, TX HUD Metro Fair Market Rent Area, adjusted for family size, as determined annually by the Department of Housing and Urban Development.
(6) DEPARTMENT means the department of housing and neighborhood revitalization.
(7) DEVELOPMENT means the structure or structures located on the Property receiving a development bonus.
(8) DEVELOPMENT BONUS means yard, lot, and space bonuses that can be obtained by meeting the requirements in this division and Chapter 51A.
(9) DEVELOPMENT BONUS RESTRICTIVE COVENANT means a covenant running with the land that meets the requirements of this chapter.
(10) DIRECTOR means the director of the department of housing and neighborhood revitalization and includes representatives, agents, or department employees designated by the director.
(11) ELIGIBLE HOUSEHOLDS means households with an income within the required income band or voucher holders regardless of income.
(12) FAMILY means family as defined in 24 CFR §5.403, "Definitions," as amended.
(13) HANDBOOK means the HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs, as periodically revised and published by HUD.
(14) HUD means the United States Department of Housing and Urban Development.
(15) INCOME means income as defined by 24 CFR §5.609, "Annual Income."
(16) INCOME BAND means the range of household adjusted incomes between a pre- determined upper limit and a pre-determined lower limit generally stated in terms of a percentage of area median family income adjusted for family size.
(A) INCOME BAND 1 means an income between 81 and 100 percent of AMFI.
(B) INCOME BAND 2 means an income between 61 and 80 percent of AMFI.
(C) INCOME BAND 3 means an income between 51 and 60 percent of AMFI.
(17) MARKET VALUE ANALYSIS ("MVA") means the most recent official study that was commissioned by and prepared for the city to assist residents and policy-makers to understand the elements of their local residential real estate markets.
(18) MIXED-INCOME HOUSING PROGRAM means a program administered by the department in which each owner using a development bonus participates.
(19) MIXED-INCOME HOUSING RESTRICTIVE COVENANT means the instrument securing the terms and enforcement of this division.
(20) OPTIONAL AMENITIES means services or features that are not included in the monthly rent, including access to premium parking and concierge services, among other services.
(21) OWNER means the entity or person who owns the development or Property during the rental affordability period, including the owner's employees, agents, or contractors.
(22) PROGRAM MANUAL means the guidebook published, maintained, and updated by the department that includes specific guidance for program implementation.
(23) PROPERTY means the land and all improvements as more particularly described in the mixed-income restrictive covenant.
(24) RENTAL AFFORDABILITY PERIOD means the period that the reserved dwelling units may only be leased to and occupied by eligible households.
(25) RESERVED DWELLING UNIT means the rental units in a development available to be leased to and occupied by eligible households, or which are currently leased to and occupied by eligible households and are leased at affordable rental rates.
(26) UNIT TYPE means the kind of unit broken out by number of bedrooms in the unit, or, if the unit is a specialty unit, a description of the type of specialty unit, such as efficiency, one bedroom, two bedroom, loft, penthouse, etc.
(27) VOUCHER HOLDER means a holder of a housing voucher, including vouchers directly or indirectly funded by the federal, state, or local government.
(28) VOUCHER PAYMENT STANDARD means the maximum monthly assistance payment for a family assisted in the voucher program (before deducting the total tenant payment by the family).
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