(a) All monies collected under the Homelessness Gross Receipts Tax Ordinance shall be deposited to the credit of the Our City, Our Home Fund, established in Administrative Code Section 10.100-164. The Fund shall be maintained separate and apart from all other City funds and shall be subject to appropriation. Any balance remaining in the Fund at the close of any fiscal year shall be deemed to have been provided for a special purpose within the meaning of Charter Section 9.113(a) and shall be carried forward and accumulated in the Fund for the purposes described in subsection (b)(3).
(b) Subject to the budgetary and fiscal provisions of the Charter, monies in the Our City, Our Home Fund shall be appropriated on an annual or supplemental basis and used exclusively for the following purposes:
(1) Up to 3% of the proceeds of the Homelessness Gross Receipts Tax distributed in any proportion to the Tax Collector and other City departments, for administration of the Homelessness Gross Receipts Tax and administration of the Our City, Our Home Fund for the following purposes:
(A) Payment of the administrative expenses of collecting the Homelessness Gross Receipts Tax;
(B) Payment for City oversight of the expenditures described in this subsection (b); and
(C) Payment for City expenses providing support for the Our City, Our Home Oversight Committee, including but not limited to payments for the needs assessments described in Section 2810(e)(2)(B).
(2) Refunds of any overpayments of the Homelessness Gross Receipts Tax, including any related penalties, interests, and fees.
(3) All remaining amounts for the following purposes, in the following percentages, which amounts shall include the costs of administering the programs described.
(A) Permanent Housing Expenditures. At least 50% to the Mayor’s Office of Housing and Community Development (“MOHCD”), or its successor agency, for uses consistent with the Homelessness Gross Receipts Tax Ordinance that help Homeless adults, families, or youth, including but not limited to Homeless persons with mental illness or addiction, permanently exit homelessness and secure permanent housing. Every reasonable effort shall be made to ensure that Homeless persons with barriers to housing, including but not limited to a lack of identification and documentation, are able to access housing made available under this subsection (A). Uses under this subsection (A) shall be limited to:
(i) Short-term rental subsidies, expenditures for which shall be limited to no more than 12% of this subsection (A). For purposes of this subsection (i), “short-term” means a period that is five years or less.
(ii) Construction, acquisition, rehabilitation, lease, preservation, and operation of permanent supportive housing units. For purposes of this subsection (ii), “permanent supportive housing” means housing that provides a rental subsidy and onsite supportive services for formerly Homeless adults, families, and youth.
(iii) Acquisition, rehabilitation, master lease, and operation of SRO Buildings, or portions thereof, newly acquired or master leased on or after January 1, 2019, and the associated protection of extremely low- and very low-income households, especially households with seniors, veterans, persons with disabilities, or immigrants. Existing, higher-income households may retain occupancy in SRO Buildings, under the program’s goal of preventing displacement. Any vacant unit in an SRO Building may be used for the purpose of housing Homeless individuals or families. Long-term rental subsidies shall be an eligible use of funds under this subsection (iii). For purposes of this subsection (iii) the following terms shall have the following meanings:
(aa) “Area Median Income” means the area median income for the United States Department of Housing and Urban Development (“HUD”) Metro Fair Market Rent Area (“HFMA”) that includes San Francisco, as published annually by MOHCD, adjusted for household size. If HFMA data is unavailable, MOHCD shall calculate area median income using other publicly available and credible data.
(bb) “Extremely low- and very low-income households” means households that earn up to 50% of Area Median Income.
(cc) “Long-term” means a period that is longer than five years.
(dd) “Master lease” means a nonprofit or governmental entity leasing dedicated housing units from a property owner and, in turn, leasing those units to residents.
MOHCD shall enter into an agreement with HSH, or its successor agency, that requires at least 20% of the total amounts appropriated under this subsection (A) be used for the purposes described in this subsection (A) that support Homeless youth aged 18 through 29, and at least 25% of the total amounts appropriated under this subsection (A) be used for the purposes described in this subsection (A) that support Homeless families with children under age 18 at the time of entry into housing.
(B) Homeless Shelter Expenditures. Up to 10% to HSH, or its successor agency, for uses consistent with the Homelessness Gross Receipts Tax Ordinance that help Homeless adults, families, or youth, including but not limited to Homeless persons with mental illness or addiction, secure short-term residential shelter, including but not limited to funding navigation centers and shelters, and to fund Hygiene Programs. For purposes of this subsection (B), “Hygiene Programs” means any program that provides bathrooms, handwashing stations, and/or showers intended for use by those who do not have access to those facilities.
(C) Homelessness Prevention Expenditures. Up to 15% to MOHCD and/or HSH, or their successor agencies, for the provision of services to those at risk of becoming Homeless or who recently have become Homeless. These services are limited to providing financial, utility, and/or Rental Assistance; flexible funding (e.g., security deposit, expenses necessary to maintain housing); short-term case management; conflict mediation; legal representation in eviction cases; connection to mainstream services (e.g., services from agencies outside of the homeless assistance system, such as public benefit agencies); housing search assistance; and assistance to newly Homeless families and individuals to identify immediate alternate housing arrangements. Every reasonable effort shall be made to ensure that financial assistance is available in a timely manner to avoid evictions or displacements.
(D) Mental Health Expenditures for Homeless Individuals. At least 25% to the Department of Public Health (“DPH”) for the creation of a new mental health services program or programs that are specifically designed for Homeless people severely impaired by behavioral health issues. Such uses shall be limited to:
(i) Intensive street-based mental health services and case management;
(ii) Assertive outreach services;
(iii) Mental health and substance abuse treatment, including medications;
(iv) Peer support;
(v) Residential and drop-in services; and
(vi) Specialized temporary and long-term housing Rental Assistance, housing linkage, and referrals into supportive housing with continued intensive case management and mental health services that follow people from homelessness into housing.
Nothing in this subsection (D) shall prevent DPH from using allocations pursuant to this subsection (D) to acquire or lease facilities to provide the mental health services described herein.
(E) Determination of Appropriations; Remaining Amounts. The Board of Supervisors shall determine how much to appropriate to each of Sections 2810(b)(3)(A) through (D), in accordance with those Sections. Any amounts remaining in the Our City, Our Home Fund at the end of any fiscal year shall be held in the Our City, Our Home Fund to be added to amounts available for appropriation under Section 2810
(b)(3) in any future year.
(c) Commencing with a report filed no later than February 15, 2020, covering the fiscal year ending on June 30, 2019, the Controller shall file annually with the Board of Supervisors, by February 15 of each year, a report containing the amount of monies collected in and expended from the Our City, Our Home Fund during the prior fiscal year, the status of any project required or authorized to be funded by this Section 2810, and such other information as the Controller, in the Controller’s sole discretion, shall deem relevant to the operation of this Article 28.
(d) Appropriations May Not Supplant Existing Expenditures. Monies in the Our City, Our Home Fund shall be expended only for Eligible Programs. Monies in the Our City, Our Home Fund shall not be spent to supplant existing programs funded by the City for homeless programs, which shall continue to be funded, at a minimum, at the Base Amount. All funds unexpended from the Our City, Our Home Fund shall be held in the Our City, Our Home Fund and may be expended on Eligible Programs in any future fiscal year in which other expenditures from the Our City, Our Home Fund may be made. For purposes of this subsection (d):
(1) “Base Amount”means the Controller’s calculation of the amount of City appropriations (not including appropriations from the Our City, Our Home Fund and exclusive of expenditures funded by private funding or funded or mandated by state or federal law) for Eligible Programs for the fiscal year ending June 30, 2018.
(2) “Eligible Programs” means all programs and expenditures described in Section 2810(b)(3).
(e) Our City, Our Home Oversight Committee.
(1) By February 28, 2019, the Board of Supervisors shall establish by ordinance the Our City, Our Home Oversight Committee (“Oversight Committee”) to make recommendations to the Mayor, the Board of Supervisors, the Health Commission, and the Homelessness Oversight Commission to ensure that the Our City, Our Home Fund is administered in a manner consistent with the provisions of this Section 2810.
(2) The purpose of the Oversight Committee shall be to monitor and make recommendations in the administration of the Our City, Our Home Fund, to take steps to ensure that the fund is administered in a manner accountable to the community and consistent with the law, and to advise the Board of Supervisors, the Health Commission, and the Homelessness Oversight Commission on appropriations from the Our City, Our Home Fund. As part of this purpose, the Oversight Committee shall:
(A) Develop recommendations for prioritizing the use of funds appropriated from the Our City, Our Home Fund;
(B) By December 31, 2019, and every three years thereafter, conduct a needs assessment with respect to homelessness and Homeless populations, including but not limited to an assessment of available data on subpopulations with regard to race, family composition, sexual orientation, age, and gender served by the programs and expenditures described in Section 2810(b)(3), and make annual recommendations about appropriations from the Our City, Our Home Fund to the Board of Supervisors, the Health Commission, and the Homelessness Oversight Commission consistent with that needs assessment, and such needs assessment shall inform the Department of Homelessness and Supportive Housing’s strategic planning process;
(C) Promote and facilitate transpar- ency in the administration of the Our City, Our Home Fund.
(D) Promote implementation of the programs funded by the Our City, Our Home Fund in a culturally sensitive manner.
(3) Voting Members.
(A) The Oversight Committee shall have nine voting members.
(i) Seats one, three, five, and seven shall be appointed by the Mayor under Charter Section 3.100(18).
(ii) Seats two, four, six, and eight shall be appointed by the Board of Supervisors.
(iii) Seat nine shall be appointed by the Controller.
(B) Eligibility.
(i) Seat one shall be an individual with experience with Homeless housing development or supportive housing services.
(ii) Seat two shall be an individual representing families with minor children residing in SRO Units or a family member residing in a SRO Unit.
(iii) Seat three shall be an individual with experience providing Homeless services.
(iv) Seat four shall be an individual who has experienced homelessness and also has experience advocating for Homeless people.
(v) Seats six and seven shall be individuals who have personally experienced homelessness.
(vi) Seat eight shall be an individual who has experience advocating on Homeless or mental health issues.
(vii) Seat nine shall be an at large seat.
(C) Term. The terms of the initial appointees to the Oversight Committee shall commence on the date of the first meeting of the committee, which shall occur when at least six members have been appointed and are present, but no later than February 28, 2019. The initial terms of odd numbered seats shall be three years, and two years following the initial three-year term. Even numbered seats shall have two-year terms.
(4) The City shall provide adequate dedicated staffing to the Oversight Committee.
(5) The Oversight Committee shall meet at least six times during each fiscal year, except for the fiscal year ending June 30, 2019, during which the Oversight Committee shall meet at least twice.
(g)1 Nothing in this Section 2810 shall limit the authority of the Mayor and the Board of Supervisors to propose, amend, and adopt a budget under Article IX of the Charter.
(h) For purposes of this Section 2810:
(1) “Homeless” means an individual or family that lacks a fixed, regular, and adequate nighttime residence, and whose primary nighttime residence is one or more of the following: a shelter; a sidewalk or street; outdoors; a vehicle; a structure not certified or fit for human residence, such as an abandoned building; a couch used for sleeping in accommodations that are inadequate or overly crowded; a SRO Unit in which one or more family members are under the age of 18; a transitional housing program; or in such other location that is unsafe or unstable.
(2) “Single Room Occupancy (SRO) Unit” or “SRO Unit” means a dwelling unit or group housing room consisting of no more than one occupied room with a maximum gross floor area of 350 square feet and meeting the Housing Code’s minimum floor area standards. The unit may have a bathroom in addition to the occupied room. As a dwelling unit, it would have a cooking facility and bathroom. As a group housing room, it would share a kitchen with one or more other single room occupancy unit(s) in the same building and may also share a bathroom. A Single Room Occupancy Building (or “SRO Building”) is one in which at least 50% of the units are SRO Units.
(3) “Rental Assistance” means rental subsidies or nonprofit housing operating subsidies that help Homeless people find housing and stabilize in housing in which they are the leaseholders.
(Added by Proposition C, 11/6/2018, Eff. 12/14/2018, Oper. 1/1/2019; amended by Ord. 23-23, File No. 221246, App. 2/23/2023, Eff. 3/26/2023; Ord. 35-23, File No. 230125, App. 3/17/2023, Eff. 4/17/2023)
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