§ 17-122. Definitions.

(a)

Adjusted for family size. Adjusted in a manner that results in an income eligibility level that is lower for households having fewer than four people, or higher for households having more than four people, than the base income eligibility for very low, low and moderate income households, based upon a formula established by the United States Department of Housing and Urban Development (HUD).

(b)

Affordable. Where the rental payments or mortgage payments, including taxes and insurance, does not exceed 30 percent of the amount which represents the percentage of the median annual gross income for very low, low and moderate income households. However, it is not the intent to limit an individual household's ability to devote more than 30 percent of its income for housing, and housing for which a household devotes more than 30 percent of its income shall be deemed affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30 percent benchmark.

(c)

Annual gross income. Annual income as defined under the Section 8 housing assistance payments programs in 24 C.F.R. part 5; annual income as reported under the census long form for the recent available decennial census; or adjusted gross income as defined for purposes of reporting under Internal Revenue Service Form 1040 for individual federal annual income tax purposes. The County shall calculate income by annualizing verified sources of income for the household as the amount of income to be received in a household during the 12 months following the effective date of the determination.

(d)

Certificate of Qualification. A certificate or other document issued by the Miami-Dade Public Housing and Community Development Department, its successor department or an outside agency that has been authorized by the County to qualify households, establishing that a household is qualified to purchase an eligible home.

(e)

Control Period. The 20-year period during which the eligible home must remain affordable. The control period begins on the initial sale date of the eligible home and resets automatically every 20 years for a maximum of 60 years, except that in the event the home is owned by the same owner for an entire 20-year period, said home shall be released from the affordability restrictions.

(f)

Dwelling Unit. A unit, whether detached or attached to another such unit, that houses a single family and that can be sold in fee simple ownership.

(g)

Eligible Housing or Eligible Home. Any dwelling unit that is: (i) located on an infill parcel; (ii) constructed in accordance with this article; (iii) used as the primary residence of a qualified household (iv) has individual utility meters for each of the provided utility services; and (v) sold in fee simple.

(h)

Eligible Person or Eligible Household. One or more natural persons or a family that has not previously owned or had interest in a home during the previous three years and that has been determined by the County to meet the eligibility requirements of a very low, low or moderate income household according to the income limits adjusted to family size published annually by the United States Department of Housing and Urban Development based upon the annual gross income of the household. The terms "Eligible Person" or "Eligible Household" shall also include one or more natural persons or a family who participates in one of the County and other municipalities' affordable rental programs, including, but not limited to, the Section 8 Housing Choice Voucher or the Miami-Dade Homeless Trust Continuum of Care's Household Exiting Emergency Shelter, Transitional Housing and Domestic Violence programs and who has been determined by the County to meet the eligibility requirements of a very low, low or moderate income household according to the income limits adjusted to family size published annually by the United States Department of Housing and Urban Development based upon the annual gross income of the household.

(i)

Infill Parcel. A parcel of surplus County-owned land included on the County's affordable housing inventory list established in accordance with Section 125.379, Florida Statutes or privately owned land, which is located within any infill target area and is suitable for the development of no more than four single family homes (attached or detached).

(j)

Infill Target Areas. The areas of the County designated as the Urban Infill Target Area (UIA), as defined in Section 33G-3(26) of the Code, and the Targeted Urban Areas (TUA), as defined in Section 30A-129(2) of the Code. In addition, Infill Target Areas shall include those portions of Neighborhood Revitalization Strategy Areas not otherwise covered under the UIA and TUA; and any geographic locations in Miami-Dade County which are designated by the Federal Government as empowerment zones shall be included in the definition of TUA at the time of such designation.

(k)

Low Income Household . One or more natural persons or a family that has a total annual gross household income that does not exceed 80 percent of the median annual income adjusted for family size for households within Miami-Dade County. With respect to rental units, the low-income household's annual income at the time of initial occupancy may not exceed 80 percent of the area's median income adjusted for family size.

(l)

Moderate Income Household. One or more natural persons or a family that has a total annual gross household income that does not exceed 140 percent of the median annual income adjusted for family size for households within Miami-Dade County. With respect to rental units, the moderate-income household's annual income at the time of initial occupancy may not exceed 140 percent of the area's median income adjusted for family size.

(m)

Qualified Developer. Any person, firm, corporation, partnership, limited liability company, association, joint venture, community based organization, not-for-profit agency, or any entity or combination of entities, excluding any governmental entity, that has been qualified by the County as having the requisite experience and capacity to develop affordable housing through the Infill Housing Initiative Program. For these purposes a community-based organization shall have among its purposes the provision of affordable housing to persons who have special needs or have very low, low income, or moderate income within a designated area, which may include a municipality or more than one municipality or the County, and maintains, through a minimum of one-third representation on the organization's governing board, accountability to housing program beneficiaries and residents of the designated area.

(n)

Qualified Household. An eligible household that has received a certificate of qualification from the County or other County approved agency.

(o)

Rental Price means rents that do not exceed the monthly Fair Market Rent by bedroom size as determined for Miami-Dade County and published by the U.S. Department of Housing and Urban Development.

(p)

Sales Price. The price set by the County pursuant to an implementing order or as such price may be set by resolution of the Board of County Commissioners, which price shall not exceed an amount affordable at the maximum income range, as defined in this article, taking into account (a) family size; (b) an annual fixed interest rate based on a thirty (30) year mortgage term; (c) payment of up to five percent down payment by a qualified household, with a minimum of one percent from a qualified household's personal funds; and (d) an estimation of annual property taxes, assessments, loan insurance and financing fees, allowances for property maintenance and repairs, homeowners insurances, homeowner association fees, if any, and allowances for utilities.

(q)

State Housing Initiative Partnership (SHIP). The affordable housing program established pursuant to Section 420.90 et seq. of the Florida Statutes for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing-related employment.

(r)

Surtax. The discretionary tax on documents, which the County is authorized by Section 125.0167 of the Florida Statutes to levy, for the purpose of establishing and financing the County's Local Housing Assistance Loan Trust Fund to assist in the financing of construction, or purchase of housing for very low, low-income and moderate-income families.

(s)

Very Low Income Household. One or more natural persons or a family that has a total annual gross household income that does not exceed 50 percent of the median annual income adjusted for family size for households within Miami-Dade County. With respect to rental units, the very-low-income household's annual income at the time of initial occupancy may not exceed 50 percent of the area's median income adjusted for family size.

(Ord. No. 01-47, § 2, 3-20-01; Ord. No. 07-04, § 2, 1-25-07; Ord. No. 10-25, § 2, 4-6-10; Ord. No. 17-08, § 1, 2-7-17)