§ 17-144. Affordability controls.

(A)

Initial sale or rental.

(1)

Every WHU established under this article and Chapter 33, Article XIIA of the Code of Miami-Dade County, shall be offered for sale or rental to an eligible household to be used for their own primary residence.

(2)

Sixty (60) days prior to offering any new WHU for sale or rent, the developer or other property owner shall notify the Department of such offering. The notice shall set forth the number, size, price established by applicable implementing order, and location of the WHU offered and shall provide a description of each WHU's finishes and availability. The Department may request additional information from the developer or other property owner as it deems necessary.

(3)

Upon notification from the developer or other property owner, the Department shall make such notice available to eligible households through its web site, a prominently located posting at the Department, and other locations designated by the County.

(4)

If the Department determines an eligible household qualifies for the rental or owner-occupied WHUs, the Department will issue a certificate of qualification. In order to receive a certificate of qualification, an eligible household must provide an affidavit that the WHU will be its primary residence.

(5)

A qualified household that has purchased a WHU shall not lease said WHU.

(6)

Upon resale or re-rental of a WHU, each qualified household must first obtain a valid certificate of qualification from the prospective eligible household.

(B)

Right of first refusal.

(1)

Initial Sale. The developer or other property owner of a WHU shall agree to execute a document consistent with a model restriction prepared by the Department, granting to the County, among other things, the County's right of first refusal to purchase the WHU in the event that a qualified household does not execute a contract for purchase within six months from the date the WHU is offered for sale. In the event that no qualified household purchases a WHU within six months from the date the WHU is first offered by the developer or other property owner, the Housing Director shall recommend to the County Mayor or the County Mayor's designee whether the County should exercise its right of first refusal to purchase the WHU at the WHU sales price. The Housing Director shall notify the developer or other property owner of the County's decision. If the County rejects the offer or otherwise does not respond to the offer, the developer or property owner shall remain obligated to sell or rent the WHU to a qualified household and to comply with the declaration of restrictive covenants and workforce housing agreement required by this article and Chapter 33, Article XIIA of this Code for a time equivalent to the initial control period, unless a shorter time is approved by the Housing Director upon a showing that the developer or property owner has been unable to sell to a qualified household after making a good faith effort over a reasonable period of time. Alternatively, the developer or property owner may pay the WHU contribution-in-lieu fee that would have been assessed at the time of issuance of the first building permit for the development, and shall thereafter be entitled to a release from the obligation of providing the WHU. The County Mayor or the County Mayor's designee is authorized to exercise the right of first refusal provided hereunder, with funds allocated from the Affordable Housing Trust Fund established pursuant to Chapter 17, Article VIII of this Code or any other authorized source of funding, for the direct and exclusive purpose of providing workforce housing for those households meeting the workforce housing eligibility requirements. Notwithstanding this authorization to purchase, the County Mayor or the County Mayor's designee shall bring to the Board of County Commissioners a resolution seeking ratification of said purchase at the next available Board meeting following the purchase of the WHU.

(2)

Resale. Any qualified household that intends to sell its WHU prior to the expiration of the control period shall provide written notification to the Department pursuant to subsection (C) below. In the event the qualified household does not execute a contract for purchase within six (6) months from the date the WHU is first offered for resale, the County shall have a right of first refusal to purchase the WHU. The Director shall recommend to the County Mayor or the County Mayor's designee whether the County should exercise its right of first refusal to purchase the WHU at the WHU sales price. If the County Mayor or the County Mayor's designee concurs, the Director shall notify the qualified household of the County's decision. The County Mayor or the County Mayor's designee is authorized to purchase the WHU, without prior approval from the Miami-Dade Board of County Commissioners, from the funds earmarked in the Affordable Housing Trust Fund, which has been established pursuant to Section 17-129 et seq., Code of Miami-Dade County, or any other authorized source, for the direct and exclusive purpose of providing workforce housing for those households meeting the workforce housing eligibility requirements. Notwithstanding this authorization to purchase, the County Mayor or the County Mayor's designee shall bring to the Board of County Commissioners a resolution seeking ratification of said purchase at the next available Board meeting following the purchase of the WHU.

(C)

Control of resale prices.

(1)

The maximum sales price, with the exception of sales under order of court, permitted on resale of a WHU shall be the lesser of:

(a)

the maximum sales price for a WHU as set by the Department at the time of resale to an eligible household; or

(b)

the market value of the unit for sale.

(2)

The WHU may be resold to any eligible household. Any qualified household that has purchased a WHU shall notify the Department in writing of his or her intent to offer the WHU for resale. The qualified household shall not sell the WHU for an amount in excess of the allowable WHU sales price.

(3)

Before closing a sale, the seller of the WHU shall submit to the Department for approval (which approval shall not be unreasonably withheld or delayed):

(a)

a copy of the proposed sales contract;

(b)

a signed copy of the buyer's certification of qualification (if not provided by the Department); and

(c)

an affidavit signed by the seller and the buyer attesting to the accuracy of all documents and conditions of the sale.

(4)

No resale of a WHU shall be considered to be in compliance with this article until all required documents and affidavits have been submitted to and approved by the Department.

(5)

The Department shall either approve or disapprove all required documents and affidavits in writing no later than five (5) business days after they are submitted to the Department. The Department's failure to issue such approval or disapproval within the required time period shall result in such documents and affidavits being deemed approved. If the Department disapproves such documents or affidavits then the Director shall provide the seller, in writing, with reasons for such disapproval and an opportunity to correct any deficiencies.

(D)

Resale requirements during the control period. The County Mayor or the County Mayor's designee may adopt additional requirements for reselling WHUs consistent with this article, including without limitation a requirement that within forty-eight (48) hours prior to closing, a seller submit to the Department for approval:

(1)

a copy of the proposed sales contract, including a list and the price of any personal property included in the sale;

(2)

a signed copy of the settlement sheet; and

(3)

an affidavit signed by the seller and buyer attesting to the accuracy of all documents and conditions of the sale.

(E)

Foreclosures and other proceedings.

(1)

If any qualified household of a WHU defaults on its mortgage with the County and said default is not cured within the applicable time periods, then the whole debt secured by said mortgage, with all interest thereon, and all other amounts thereby secured shall, at the option of the County, become immediately due and payable. In the event any qualified household of a WHU fails to cure the default, the County shall have the right to legally enforce the term of the mortgage or collect the debt in any action at law, including but not limited to a proceeding in foreclosure. Any proceeds, including any expenses or expenditures incurred and recovered by the County, shall be deposited in the Affordable Housing Trust Fund, which has been established pursuant to Chapter 17, Article VIII of this Code. These funds shall not be commingled with any other funds deposited into the Affordable Housing Trust Fund that are not associated with the WHU program, but shall be deposited into a separate account.

(2)

In any suit, action or proceeding, including without limitation bankruptcy, probate or any other suit, action or proceeding affecting the WHU, any monies recovered by the County shall be deposited into the Affordable Housing Trust Fund.

(3)

Notwithstanding subsection (E)(1) and (2), in the event of default by a qualified household on any senior mortgage associated with a WHU, the County Mayor or the County Mayor's designee is authorized to pay off said senior mortgage and assume ownership of the WHU by using funds from the Affordable Housing Trust Fund for resale to an eligible household. The defaulting qualified household shall be required to vacate the WHU as authorized by law. The County Mayor or the County Mayor's designee is further authorized to purchase any WHU that is sold as a result of any suit, action or proceeding, including but not limited to foreclosure, bankruptcy, probate or any other suit, action or proceeding affecting the WHU. Notwithstanding this authorization to purchase, the County Mayor or the County Mayor's designee shall bring to the Board of County Commissioners a resolution seeking ratification of said purchase at the next available Board meeting following the purchase of the WHU.

(F)

Rental WHU Requirements.

(1)

All qualified households must be provided a lease with a minimum period of twelve (12) months. The lease must comply with all applicable federal and state laws. The lease shall include without limitation provisions that specify the maximum household size allowed in the unit; a prohibition against subleasing; and a requirement that the qualified household shall report any changes in household size or income during the tenancy. Qualified households shall comply with all monitoring requirements established by the Department.

(2)

If a qualified household's income increases above the maximum allowed income levels, the qualified household may choose to remain in the WHU for the remainder of the lease term. If the formerly qualified household and the developer or other property owner agree to extend the lease term, the developer or other property owner shall make the next comparable vacant unit at the covered development available to an eligible household at the WHU rent.

(3)

If a building that is initially built as a rental project under single ownership should subsequently convert to a condominium, then:

(a)

The development shall offer the same number of for-sale WHUs as there were rental WHUs;

(b)

The WHUs shall be specifically identified by unit number as part of the recorded condominium declaration;

(c)

The sales price for such WHUs being converted shall be established by implementing order. If the owner of such condominium conversion elects to renovate the workforce dwelling units, the implementing order shall consider the reasonable cost of labor and materials associated with such renovation; and

(d)

Each qualified household renting a WHU at the time of the condominium conversion shall have the right to purchase the dwelling unit they occupy at the sales price established by the implementing order. Subsequently, the County shall have the right of first refusal to purchase some or all of the WHUs that are not purchased by such qualified households at the sales price established for such units by the implementing order. Such units shall be offered to the County and purchased by it in accordance with the provisions set forth below for for-sale WHUs.

(e)

In the event that all of the WHUs are not sold to either qualified households or the County, then the owner may make a monetary contribution in accordance with section 33-193.9 of this Code equivalent to the number of WHUs that are not so sold. Upon receipt of said monetary contribution, the Housing Director shall record in the public records of Miami-Dade County an instrument or document releasing the building from the restrictive covenant required by this program.

(Ord. No. 07-05, § 19, 1-25-07; Ord. No. 08-51, § 1, 5-6-08; Ord. No. 15-63, § 4, 7-14-15; Ord. No. 16-138, § 2, 12-20-16)