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(a) Establishment of Fund. The Tenant Assistance Fund for Hazardous Housing (the “Fund”) is established as a category six fund to receive any monies appropriated or donated for the purpose of assisting tenants displaced from their residences by administrative orders to vacate by the Department of Building Inspection and/or the Fire Department (“City code enforcement agency”), as set forth in this Section 10.100-343. Donations to the Fund are deemed approved for acceptance and expenditure without further approval by the Board of Supervisors.
(b) Use of Fund. The Fund shall be used exclusively by the Director or his or her designee of the Human Services Agency or any successor agency (“HSA Director”) to provide assistance to tenants who are vacating or have vacated their residences to comply with an administrative order to vacate issued within the past seven days by a City code enforcement agency as a result of Building and/or Fire Code violations. The HSA Director may utilize the Fund to assist tenants, or households thereof, so qualified, earning up to 100% of the Area Median Income, and otherwise deemed eligible in accordance with this subsection (b) (“Eligible Tenants”). Disbursements from the Fund are entirely in the HSA Director’s lawful discretion and there is in no circumstance a right to any payment under this Section.
(1) The HSA Director shall authorize disbursements to Eligible Tenants on a case-by-case basis in accordance with HSA policy as adopted pursuant to subsection (c). In administering this Section, the HSA Director shall seek the input of code enforcement agencies and other City authorities as the HSA Director deems appropriate. The HSA Director may revise these case-by-case decisions as necessary or appropriate to take into account evolving circumstances.
(2) For an Eligible Tenant of a residential rental unit that has been occupied by the tenant for at least 32 continuous days including the day an applicable order to vacate is issued, and where the tenant has paid rent, the HSA Director may provide a rental assistance payment of up to 100% of the current established fair market rent for the area, as determined by the Department of Housing and Urban Development pursuant to Section 1437f of Title 42 of the United States Code, as that Section may be amended in the future, plus an amount that the HSA Director determines is sufficient for utility service deposits, less the amount of rent that the eligible tenant was paying in the residence from which he/she has to vacate. The HSA Director may make rental assistance payments from the Fund on a per residential unit basis for up to either (A) two years per unit, or (B) the time when all department(s) that ordered the unit vacated have deemed it habitable, whichever occurs first. The HSA Director shall authorize disbursements to an Eligible Tenant for an initial duration not to exceed six months. At the conclusion of the initial duration for authorized disbursements, whether it is six months or less, the circumstances of the Eligible Tenant shall be reassessed, and continued assistance may be authorized, subject to the durational limits set forth in this subsection (b)(2).
(c) Administration of Fund. Within 60 days of the effective date of the ordinance in Board File No. 170937 creating the Fund, the HSA Director shall adopt a policy for implementation of this Section 10.100-343, which the HSA Director may modify from time to time as the HSA Director deems necessary or appropriate.
(d) Annual Report. The HSA Director shall submit an annual written report to the Mayor, the Board of Supervisors, and the Controller within the first two weeks of July, showing for the prior fiscal year donations received, the nature and amount of such donations, and the disposition thereof, together with a description of the individual payments made from the Fund.
(Added by Ord. 3-18, File No. 170937, App. 1/19/2018, Eff. 2/19/2018)