Loading...
(a) The director shall approve an application for a density bonus that complies with the standards in Subsection (b).
(b) Standards.
(1) An SAH unit provided to qualify a lot for the density bonus must be:
(A) within three miles of the lot receiving the density bonus;
(B) on a lot where no more than 30 percent of the dwelling units are SAH units;
(C) in a non-minority concentrated area; and
(D) in compliance with all city ordinances.
(2) An SAH unit provided to qualify a lot for a density bonus may not be used to qualify another lot for a density bonus.
(3) The design of SAH units must be equivalent to the design of other units located on the same lot. It is recommended that the materials of SAH units be equivalent to the materials of other units located on the same lot. The size of bedrooms in SAH units must be consistent with the size of bedrooms in other units located on the same lot.
(4) Of the SAH units provided, 21 percent must have one bedroom, 45 percent must have two bedrooms, 28 percent must have three bedrooms, and five percent must have four bedrooms. In determining the number of units to be provided, fractional units are counted to the nearest whole number, with one-half counted as an additional unit. (Ord. Nos. 21663; 31607)
(a) Timing. The director shall make a decision regarding the application for a density bonus within 10 working days after a complete application is filed. An application will not be considered complete until all the information required by Section 51A-4.905 is provided.
(b) Failure to act. If the director fails to make a decision regarding the application within the 10-day period, it is approved subject to compliance with all applicable city ordinances.
(c) Form of decision. The decision of the director must take one of the following three forms:
(1) Approval, no conditions.
(2) Approval, subject to conditions noted.
(3) Denial.
(d) Approval with no conditions. If there are no grounds for denying or modifying the application, the director shall approve it with no conditions.
(e) Approval subject to conditions noted. As an alternative to denial of the application, the director may approve it subject to conditions noted if compliance with all conditions will eliminate what would otherwise constitute grounds for denial. If the director approves it subject to conditions noted, he or she shall state in writing the specific requirements to be met before it is approved.
(f) Denial.
(1) Grounds for denial. The director shall deny the application if:
(A) it does not contain all required information; or
(B) an SAH unit required to be provided in order to obtain a certain density bonus in accordance with this division is not provided.
(2) Statement of reasons. If the director denies the application, he or she shall state in writing the specific reasons for denial.
(g) Notice of decision. The director shall give written notice to the applicant of his or her decision regarding the application. Notice is given either by hand delivery or by depositing the notice properly addressed and postage paid in the United States mail. If the notice is mailed, it must be sent to the address shown on the application. (Ord. 21663)
(a) Requisites of instrument. If the application for a density bonus is approved, an affordable housing instrument must be executed and filed in accordance with this section on a form provided by the city. The instrument must:
(1) be signed by all owners of the lot(s) affected;
(2) be signed by all lienholders, other than taxing entities, that have either an interest in the lot(s) affected or an improvement on one or more of those lot(s);
(3) contain a lot and block description of the lot(s) on which the SAH unit(s) will be located;
(4) specify the number of the SAH units;
(5) be a covenant running with the land;
(6) state that all signatories agree to defend, indemnify, and hold harmless the city of Dallas from and against all claims or liabilities arising out of or in connection with the instrument;
(7) state that it may only be amended or terminated by a subsequent written instrument that is:
(A) signed by the owner(s) of the lot(s) affected by the affordable housing instrument and by all lienholders, other than taxing entities, that have an interest in lot(s) or an improvement on the lot(s);
(B) approved by the director of housing and neighborhood services;
(C) approved as to form by the city attorney; and
(D) filed and made a part of the deed records of the county or counties in which the lots are located;
(8) state that the owner agrees to comply with all the requirements of this division, including the submission of an annual report and full cooperation with audits of the affordable housing program conducted by the city;
(9) state that it may be enforced by the city of Dallas;
(10) state that it shall be governed by the laws of the State of Texas; and
(11) be approved by the director of housing and neighborhood services and approved as to form by city attorney.
(b) Instrument must be filed. A true and correct copy of the approved affordable housing instrument must be filed in the deed records of the county or counties in which the lots affected are located. The instrument shall not be considered effective until it is filed in the deed records in accordance with this section. After the instrument is filed in the deed records, two file-marked copies of the instrument must be filed with the director of housing and neighborhood services.
(c) Termination or amendment of instrument. A recorded affordable housing instrument may be terminated or amended to reduce the number of SAH units on a lot if a corresponding number of SAH units are provided on one or more other lots. An instrument terminating or amending a recorded affordable housing instrument must be:
(1) signed by the owner of the lot(s) affected by the affordable housing instrument and by all lienholders, other than taxing entities, that have an interest in the lot(s) or of an improvement on the lot(s);
(2) approved by the director of housing and neighborhood services as to compliance with this division;
(3) approved as to form by the city attorney; and
(4) filed and made a part of the deed records of the county or counties in which the lot(s) are located by the owner of the lot(s).
The director of housing and neighborhood services shall not approve a termination or amendment that would cause the total number of SAH units to be reduced below the number required under this division, or that would otherwise cause this division to be violated. (Ord. 21663)
(a) A certificate of occupancy may not be issued for a dwelling unit permitted because of an SAH unit approved by the director until a certificate of occupancy has been issued for the SAH unit; however, these certificates of occupancy may be issued simultaneously.
(b) An SAH unit originally leased to a qualified lower income family shall automatically lose its status as an SAH unit if the family no longer qualifies as a lower income family at the end of the primary term of the lease. When this occurs, the next vacated dwelling unit must be offered for lease as an SAH unit until the required number of SAH units are provided. This provision may not be used as grounds for evicting a previously qualified lower income family from a unit if the family wishes to pay the market rate for that unit.
(c) A lease for an SAH unit may not exceed a term of one year.
(d) The director of housing and neighborhood services shall randomly, regularly, and periodically select a sample of families occupying SAH units for the purpose of income verification. Any information received pursuant to this subsection shall remain confidential and shall be used only for the purpose of verifying income in order to determine eligibility for occupation of the SAH units. All prospective tenants of an SAH unit must agree to provide or to allow the director to obtain sufficient information to enable income verification as contemplated in this subsection as a condition to leasing the unit. A person commits an offense if he or she, with the intent to lease or occupy an SAH unit, misrepresents the gross annual family income of its tenant or prospective tenant to the lessor or the city of Dallas with knowledge of its falsity. A person who commits the offense described in this subsection shall be guilty of a separate offense for each day or portion of a day that the unit is leased or occupied based on the misrepresentation.
(e) Annual report. Each owner of property subject to an approved affordable housing instrument shall submit a written report on June 30 of each year to the director that demonstrates compliance with the affordable housing instrument and this division. Each report must include:
(1) a list of SAH units currently leased, including the names and annual family incomes of the tenants;
(2) a list of the SAH units currently offered for lease;
(3) the total number of dwelling units (SAH or otherwise) currently offered for lease;
(4) a list of all lower income families currently seeking to lease one or more dwelling units on the property; and
(5) any other reasonable and pertinent information the director determines to be necessary to demonstrate compliance with the affordable housing instrument and this division.
(f) Family equivalence. The families that reside in SAH units must have similar numbers and ages of members as the other families on that lot. (Ord. 21663)
Loading...