Miami-Dade Legislative Item
File Number: 180123
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File Number: 180123 File Type: Ordinance Status: In Committee
Version: 0 Reference: 18-29 Control: Board of County Commissioners
File Name: ESTABLISH AN INFILL HOUSING INITIATIVE Introduced: 1/22/2018
Requester: NONE Cost: Final Action: 3/6/2018
Agenda Date: 3/6/2018 Agenda Item Number: 7E
Notes: SUNSETS 6-30-2019 Title: ORDINANCE RELATING TO INFILL HOUSING; CREATING SECTION 17-124.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING AN INFILL HOUSING INITIATIVE MULTIFAMILY HOMEOWNERSHIP DEMONSTRATION PROGRAM; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR’S DESIGNEE TO DEVELOP AND IMPLEMENT GUIDELINES FOR THE PROGRAM AND TO IDENTIFY INFILL PARCELS SUITABLE FOR THE PROGRAM; REQUIRING RESTRICTIVE COVENANTS; PROVIDING SUNSET PROVISION; REQUIRING A REPORT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: HOUSING INFILL INITIATIVE
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
Sunset Provision: Yes Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 3/6/2018 7E Adopted P
REPORT: First Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Commissioners Levine Cava and Diaz asked to be listed as co-sponsors. Hearing no further questions or comments, the Board proceeded to vote to adopt the foregoing proposed ordinance.

Housing and Social Services Committee 2/12/2018 1G1 Forwarded to BCC with a favorable recommendation following a public hearing P
REPORT: Assistant County Attorney Terrence Smith read the title of the foregoing proposed ordinance, in addition to Items 1G1 Supplement and 1G1 Supplement 2, into the record. Chairwoman Edmonson opened the floor to any person wanting to speak on this item, and seeing no one wishing to speak, the floor was closed. Chairwoman Edmonson relinquished the Chair to Vice Chairman Suarez. It was moved by Commissioner Edmonson that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Levine Cava, followed by a discussion. Chairwoman Edmonson spoke about a very successful initiative she observed in New Jersey through their Housing Finance Department. She noted the differences between projects included their building structure was upward verses Miami-Dade County built flat units. Commissioner Levine Cava commended Chairwoman Edmonson’s leadership in this wealth-building initiative, noting it was strategic and an asset to the County. Hearing no further questions or comments, the Committee proceeded to vote that the foregoing proposed ordinance, along with its supplements be forwarded to the Board of County Commissioners with a favorable recommendation, as presented. Assistant County Attorney Terrence Smith read the title of the foregoing proposed ordinance, in addition to Items 1G1 Supplement and 1G1 Supplement 2, into the record. Chairwoman Edmonson opened the floor to any person wanting to speak on this item, and seeing no one wishing to speak, the floor was closed. Chairwoman Edmonson relinquished the Chair to Vice Chairman Suarez. It was moved by Commissioner Edmonson that the foregoing proposed ordinance be adopted. This motion was seconded by Commissioner Levine Cava, followed by a discussion. Chairwoman Edmonson spoke about a very successful initiative she observed in New Jersey through their Housing Finance Department. She noted the differences between projects included their building structure was upward verses Miami-Dade County built flat units. Commissioner Levine Cava commended Chairwoman Edmonson’s leadership in this wealth-building initiative, noting it was strategic and an asset to the County. Hearing no further questions or comments, the Committee proceeded to vote that the foregoing proposed ordinance, along with its supplements be forwarded to the Board of County Commissioners with a favorable recommendation, as presented.

Board of County Commissioners 1/23/2018 4D SUBSTITUTE Adopted on first reading 2/12/2018 P
REPORT: County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments the Board proceeded to vote on the ordinance as presented. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Housing and Social Services Committee on Monday, February 12, 2018, at 9:30 a.m.

Office of the Chairperson 1/22/2018 Additions

County Attorney 1/22/2018 Referred

County Attorney 1/22/2018 Assigned Terrence A. Smith 1/22/2018

Legislative Text


TITLE
ORDINANCE RELATING TO INFILL HOUSING; CREATING SECTION 17-124.3 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; CREATING AN INFILL HOUSING INITIATIVE MULTIFAMILY HOMEOWNERSHIP DEMONSTRATION PROGRAM; DIRECTING THE COUNTY MAYOR OR COUNTY MAYOR�S DESIGNEE TO DEVELOP AND IMPLEMENT GUIDELINES FOR THE PROGRAM AND TO IDENTIFY INFILL PARCELS SUITABLE FOR THE PROGRAM; REQUIRING RESTRICTIVE COVENANTS; PROVIDING SUNSET PROVISION; REQUIRING A REPORT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Board of County Commissioners (�Board�) created the Miami-Dade County Infill Housing Initiative Program pursuant to Ordinance No. 01-47, as amended and codified in Chapter 17, Article VII of the Code of Miami-Dade County (�Infill Housing Program�); and
WHEREAS, the purpose of the Infill Housing Program is to increase the availability of affordable homes for very low, low and moderate income persons (�Qualified Households�), maintaining a stock of affordable housing, redeveloping urban neighborhoods by eliminating the blight of vacant lots and dilapidated or abandoned properties, equitably distributing homeownership opportunities within the Infill Target Areas, and generating payment of ad valorem taxes; and�
WHEREAS, the Infill Housing Program also encourages the redevelopment of vacant, dilapidated or abandoned property through the sale or transfer of County property to qualified developers and the inclusion of privately owned vacant, dilapidated or abandoned properties; and�
WHEREAS, the Infill Housing Program requires each qualified developer construct single family homes, which are either attached or detached from another unit on the properties, and to sell such homes to Qualified Households; and
WHEREAS, the Infill Housing Program currently allows developers to construct duplexes, which consist of a single building with separate units and entrances, and to sell each unit within the duplex to a Qualified Household; and
WHEREAS, according to the National Association of Realtors duplexes are among the least popular homes to buy in the United States with only two percent of first-time homebuyers purchasing them in 2016 compared to 82 percent of those who bought a detached single-family home; and
WHEREAS, research has shown that there are some advantages for first-time homebuyers who wish to purchase a home with multiple units, including but not limited to: (1) the homebuyer can live in one of the units while renting out the other; (2) the homebuyer can use the additional income derived from the rental unit to defray the cost of the homebuyer�s mortgage; (3) the homebuyer may qualify for a more expensive home; and (4) the homebuyer may only be required by a lender to come up with a 3 to 3� percent down payment on the home; and
WHEREAS, moreover, homebuyers who intend to reside in one of the units can choose between Federal Housing Administration (�FHA�), Veterans Affairs or conventional financing, with FHA financing being the best option because the homebuyer only has to make a 3� percent down payment; and
WHEREAS, homebuyers purchasing a duplex can sometimes use the rental income from the additional units to qualify for a loan, but in general, the renters must have already signed a lease so that the rental payments can be verified; and
WHEREAS, this Board wishes to establish a demonstration project wherein Qualified Households can purchase a duplex in which such Qualified Households would be required to live in one of the units while renting the other unit in order to realize the benefits stated herein,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 17-124.3 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:1
>>Section 17-124.3. Infill Housing Initiative Multifamily Homeownership Demonstration Program.

(a) Notwithstanding any contrary provision of this code, a demonstration program for multifamily homeownership is hereby created, subject to the terms and conditions of this section. The program shall be referred to in this section as the Infill Housing Initiative Multifamily Homeownership Program (hereinafter referred to as the �Program�).

(1) The Program shall be limited to the construction or rehabilitation and sale of duplexes to qualified households found eligible to purchase such duplexes in accordance with section 17-124.1 and Implementing Order No. 3-44, as amended. For purpose of this section the term duplex shall mean a single building with two dwelling units with separate entrances and which meets the requirements of section 33-201.1.

(2) The County Mayor or the County Mayor�s designee shall develop and implement guidelines for the Program, subject to the Board of County Commissioner�s approval. The County Mayor or the County Mayor�s designee shall also develop or shall request the Miami-Dade Housing Finance Authority to develop a first-time landlord course which each qualified household shall be required to attend prior to purchasing a duplex under the Program.
(3) The County Mayor or the County Mayor�s designee shall identify those infill parcels which are suitable and zoned for the construction or rehabilitation of duplexes and shall make such properties available to qualified developers through a competitive process as set forth in Implementing Order No. 3-44, as amended. The conveyance of such properties to qualified developers shall be subject to the approval of the Board of County Commissioners. Alternatively, the Board of County Commissioners may authorize the conveyance of infill parcels without a competitive process in accordance with Section 125.379, Florida Statutes, and the Program.

(4) In accordance with section 17-124.1(d) and Implementing Order No. 3-44, as amended, each qualified household that purchases a duplex shall be required to record in the Public Records one or more restrictive covenant that requires that the dwelling unit in which the qualified household resides shall remain affordable during the term of the control period. Such restrictive covenant shall also authorize the qualified household to rent the other unit in the duplex to very-low, low or moderate income households.

(b) All provisions of this article shall pertain to the Program.

(c) This section shall sunset on June 30, 2019 unless extended by the Board of County Commissioners.<<

Section 2. Section 17-128.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
The County Mayor or the County Mayor's designee shall submit an annual report to the Miami-Dade Board of County Commissioners concerning compliance with the provisions of this article. This annual report shall include but not be limited to (i) a list of lots made available to qualified developers and private lots that were included in the Infill Housing Initiative Program, (ii) number of homes built and sold or rented to qualified households, (iv) a summary of the amount of liens released on County and private property and (v) legal actions taken against violators of this [[Article]]>>article<< [[of the Code]]. >>In addition to the before-mentioned report, the County Mayor or the County Mayor�s designee shall also submit a report to the Board related to the Infill Housing Initiative Multifamily Homeownership Demonstration Program established pursuant to section 17-124.3. The Infill Housing Initiative Multifamily Homeownership Demonstration Program report shall include but not be limited to (i) the total number of duplexes constructed or rehabilitated and sold to qualified households; (ii) the location of and County Commission Districts in which such duplexes are located; (iii) a list of impediments, if any, that may delay or frustrate the implementation of the program; and (iv) a recommendation related to whether the Board should consider extending the sunset date of the program. The Infill Housing Initiative Multifamily Homeownership Demonstration Program report shall be submitted to the Board no later than February 28, 2019.<< The completed [[report]]>>reports<< required by this section shall be placed on an agenda of the Board pursuant to Ordinance No. 14-65.

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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