Definitions. | |
Establishment of the Program. | |
Eligible Sites, Program Management, and Regulations. | |
Loan Terms. | |
Administration of Loans and Grants. |
*Editor’s Note:
Ord. 163-19 enacted this chapter with two sections designated as Sec. 117.1.
For purposes of this Chapter 117, the following terms shall have the following meanings:
“Board” means the Board of Supervisors.
“Borrower” means a recipient of a Loan.
“City” means the City and County of San Francisco.
“Cooperative Living” means communal, non-institutional, neighborhood-based, household settings with 24-7 on call individual and household case management services for Eligible Persons.
“Contractor” means a nonprofit organization that enters into a contract or grant agreement with the Department of Public Health to provide services to Eligible Persons in housing operated under the Cooperative Living Opportunities for Mental Health Program.
“Declaration of Restrictions” means an agreement to be executed by the Borrower and recorded against Property as a condition to the receipt of a Loan that restricts the use of the Property.
“DPH” means the Department of Public Health.
“DPH Director” means the Director of Health, or the Director’s designee.
“Eligible Person” means a person with chronic mental illness and/or a substance use disorder who has been assessed and determined by DPH to be able to live independently and safely in Cooperative Living and to be able to participate in maintaining a cooperative household.
“Fund” means the Cooperative Living Opportunities for Mental Health Loan Fund administered by MOHCD under Administrative Code Chapter 10.100-49.5.
“Loan” means a loan of funds made under the Program, including the modification, refinancing, or restructuring of a loan, with a term of 10 years or longer.
“MOHCD” means the Mayor’s Office of Housing and Community Development, or any successor agency.
“MOHCD Director” means the Director of MOHCD, or the MOHCD Director’s designee.
“Program” means the Cooperative Living Opportunities for Mental Health Program for the acquisition and operation of single-family homes, multi-family residential buildings, and/or residential units for Cooperative Living.
“Program Regulations” means policies, procedures, rules, guidelines, manuals or regulations published by the Directors and designed to implement the Program.
“Property” means any real property used and restricted for Cooperative Living and used to secure a Loan.
(Added by Ord. 163-19, File No. 190573, App. 7/26/2019, Eff. 8/26/2019)
(a) MOHCD and DPH shall establish and operate a Cooperative Living Opportunities for Mental Health Program designed to provide financing in the form of long-term loans to and contracts with nonprofit organizations for the purpose of acquiring, retaining, and operating an economical and stable stock of multi-family buildings and/or single-family homes to create cooperative living opportunities for people with chronic mental illness and/or substance abuse disorders.
(b) DPH shall determine client eligibility and authorize client placement in Cooperative Living units. Subject to the requirements of Article 21 of the Administrative Code, or any competitive procurement requirements applicable to grant agreements, DPH shall enter into new contracts or grants, or expand existing contracts or grants, with nonprofit housing providers to support the operation of Cooperative Living opportunities, and associated services, through state programs, City funding, and/or other sources, as available.
(c) MOHCD shall provide loan administration for the Program.
(Added by Ord. 163-19, File No. 190573, App. 7/26/2019, Eff. 8/26/2019)
CODIFICATION NOTE
1. So in Ord. 163-19.
(a) Eligible Sites. MOHCD shall make Loans to qualified nonprofit organizations for the purpose of acquiring residential units or buildings as Cooperative Living consistent with the Program Regulations. Eligible properties for acquisition may include any single-family home, multifamily residential building, or other residential unit suitable for Cooperative Living; provided, however, that such property shall not be occupied by renters or be the subject of evictions under Administrative Code 37.9(a)(8) or 37.9(a)(10), except for acquisition of units currently master leased by nonprofit organizations where the acquisition would preserve current occupancy by Eligible Persons. MOHCD and DPH shall establish minimum requirements for site eligibility to ensure that sites are suitable for operation as Cooperative Living and financially feasible.
(b) Program Management. The MOHCD Director shall be responsible for the operation and management of the loans provided under the Program. The MOHCD Director may appoint agents and consultants to assist with the administration of loans under the Program, provided that any such appointment is consistent with the civil service provisions of the Charter.
(c) Program Regulations. The MOHCD Director and DPH Director shall jointly publish from time to time Program Regulations as appropriate to implement the Program, consistent with applicable law and this Chapter 117. The MOHCD Director and DPH Director shall publish all Program Regulations on DPH’s website and in such additional places as the DPH Director deems appropriate, and shall provide copies or electronic links on request. The Program Regulations shall address matters such as Program and Fund administration, public and competitive processes to apply for Loans, compliance with applicable laws and regulations, appraisal of the Property, affordability restrictions for the longest possible term, eligible uses of Funds, underwriting criteria, transaction processing, documentation, compliance monitoring, and enforcement. At a minimum, the Program Regulations shall include, but are not limited to: (1) experienced property management to provide operating and maintenance, rent collection, lease enforcement, financial management and reporting; (2) a harm reduction policy; (3) procedures for lease violation and termination; and (4) limits on rent, which shall not exceed 30% of an Eligible Person’s income.
(Added by Ord. 163-19, File No. 190573, App. 7/26/2019, Eff. 8/26/2019)
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