HomeMy WebLinkAbout2006-037 i
cZ006 — 037
HOME Investment Partnerships Program
State of Florida
Agreement No . 2005- 102TBRA
By and between the
Florida Housing Finance Corporation
And
Indian River County - Board of County Commissioners/
The Indian River County Housing Authority
1 . Grant Aereement
A . This Grant Agreement, hereinafter called "Agreement" is between the Florida Housing Finance
Corporation , hereinafter called the " Corporation " and the Indian River County - Board of County
Commissioners/The Indian River County Housing Authority hereinafter jointly called the
" Grantee " . This Agreement consists of the body and the following attachment, which is incorporated
herein : Attachment A — Scope of Services.
B . Together, they embody the entire Agreement between the Corporation and Grantee with the respect to
this grant program. All prior agreements, representations , statements, negotiations, and understandings
with respect to this program are superseded hereby.
II . Authoritv
A . This Agreement is financed in part through a grant provided to the Corporation by the United States
Department of Housing and Urban Development (HUD) under Title 11 of the National Affordable
Housing Act of 1990, hereinafter called "the Federal Act . " As provided in the Federal Act, the State of
Florida, through the Corporation has elected to administer the federal program of HOME Investment
Partnerships Program, hereinafter called " HOME . "
B . The Corporation , in accordance with provisions of Section 420 . 5089 . Fla. Stat . , hereinafter called "the
State Act, " has entered into this Agreement with the Grantee and allotted funds for the purpose of
supporting the Grantee's HOME Program.
C . In the event of changes in any applicable Federal regulations and/or law, this Agreement shall be
deemed to be amended when required to comply with any law so amended .
III . Description of Activities
Grantee agrees to perform the work specified in the Attachment A and in compliance with the requirements of 24
CFR Part 92 and all State and Corporation Tenant Based Rental Assistance program requirements and policies .
IV. Period of Performance & Commitment
A . The period of performance for all activities assisted by this Agreement shall commence on the contract
date of Fe,bru42006, hereinafter called the " Commencement Date, " and shall be complete on
a. ;:6 , 008, hereinafter called the " Completion Date, " except those activities required for
closeout .
B . All FFY 2005 funds must be committed to projects according to the HOME Rule by
July 1 , 2008, hereinafter called the " Commitment Date . "
C . The Corporation and the Grantee may renew the terms of this Agreement for a period of one year upon
written mutual agreement by both parties .
Florida Housing Finance Corporation Page 1 (Rev . 09/05)
V. Compensation
A . In consideration of the Grantee's satisfactory performance of the work required under this Agreement
and the Grantee' s compliance with the terms of this Agreement, the Corporation shall provide the
Grantee a total of $ 5 C, 0 : 61 0 in HOME funds . In addition, an administrative fee of 10% of the
funds drawn will be provided. Such HOME funds shall be used by the Grantee in accordance with the
activities listed and budgeted on Attachment A . Administrative funds will be disbursed for actual
costs incurred in the administration of this contract . Documentation that supports the utilization of
administrative funds must be maintained .
B . The Grantee understands that this Agreement is funded in whole or in part by federal funds . In the
unlikely event the federal funds supporting this Agreement become unavailable or are reduced, the
Corporation may terminate or amend this Agreement and will not be obligated to pay the Grantee.
C . The Grantee shall not anticipate future funding from the Corporation beyond the duration of this
Agreement and in no event shall this Agreement be construed as a commitment by the Corporation to
expend funds beyond the termination of this Agreement.
VI. Indemnification
The Grantee shall indemnify, defend, and hold harmless the Corporation and its officers and employees from any
liabilities, claims, suits , judgments, and damages arising as a result of the performance of the obligations under this
Agreement by the Grantee or contractor . The liability of the Grantee under this Agreement shall continue after the
termination of the Agreement with respect to any liabilities, claims , suits, judgments, and damages resulting from
acts occurring prior to termination of this Agreement . Grantees liability to indemnify the Corporation and its
officers and employees shall include liability arising from lead-based paint regulations found in 24 CFR 35 .
VII . ObliEations of Grantee
A . All of the activities required by this Agreement shall be performed by personnel of the Grantee, except
that those services provided by a certified HQS Inspector may be contracted to a third party under the
direct supervision of the Grantee and in accordance with the terms of written contracts .
B . A certified Housing Quality Standards , (HQS) , inspector will perform all initial, annual , periodic
and/or special unit inspections . Inspections shall be in accordance with guidelines provided in 24 CFR
982 .401 .
C . The grantee will adhere to lead-based paint program requirements for all units . This requirement
applies to tenants requesting security/utility deposits as well as to those applying for rental assistance
coupons . During initial and periodic inspections , an inspector acting on the behalf of the Grantee and
trained in visual assessment for deteriorated paint surfaces in accordance with procedures established
by HUD shall conduct a visual assessment of all painted surfaces in order to identify any deteriorated
paint (24 CFR Part 35 . 1215 (a)( 1 ) . The visual assessment must take place as part of the initial and
periodic inspections required by HUD (24 CFR Part 35 , Sec . 92 . 209(i ) . TBRA funding cannot be
provided until the unit passes the lead-based paint visual inspection .
D . If assisted occupancy has commenced prior to an annual or periodic inspection , and the visual
inspection reveals deteriorated lead-based paint, the owner shall stabilize each deteriorated paint
surface in accordance with 24 CFR Part 35 . 1330(a) and (b) . Such paint stabilization must be
completed within 30 days of notification to the owner of the results of the visual assessment .
Depending upon the scope of the work undertaken to stabilize the paint, and if necessary, the owner at
his/her expense, is responsible for relocating the tenants to a comparable, safe, and sanitary dwelling
free of lead-based paint while the work is taking place . Paint stabilization is considered complete when
clearance is achieved in accordance with 24 CFR Part 35 . 1340 . The owner shall provide a notice to
occupants in accordance with 24 CFR 35 . 125(b)( 1 ) and (c) describing the results of the clearance
examination .
Florida Housing Finance Corporation Page 2 (Rev . 09/05)
E . The Grantee will provide lead-based paint disclosure information to all tenants and landlords . Optional
blood level verification forms will be provided to tenants with children under age 6 who have selected
units that were constructed prior to 1978 . Addresses of tenants with children under age 6 living in pre-
1978 structures will be provided to the Local Health Department quarterly. (Refer to 24 CFR
35 . 1225 )
F . The Grantee shall remain fully obligated and liable under the provisions of this Agreement,
notwithstanding its designation of any third party or parties for the undertaking of part or the entire
program being assisted under this grant .
G . The Grantee shall require any third party to comply with all lawful requirements necessary to insure
that the program is carried out in accordance with this Agreement.
H . The Grantee shall adhere to the uniform administrative requirements of 24 CFR 92 . 505 .
I . The Grantee shall provide the Corporation with copies of the most recent and ongoing Section Eight
Management Assessment Program ( SEMAP) scores and all follow-up documentation , corrective
action plans and reports .
VIII . Program Costs
A . The Grantee, if not environmentally exempt, shall not incur costs on any program activity until the
Environmental Review required by 24 CFR 58 has been completed and the Corporation has issued the
"Notice of Release of Funds . "
B . Any program activities performed by the Grantee in the period prior to the Agreement Commencement
Date shall be performed at the sole risk of the Grantee. In the event this Agreement is not duly
executed by the Grantee, the Corporation shall be under no obligation to pay the Grantee for any costs
incurred or monies spent in conjunction with program activities , or to otherwise pay for any activities
performed during such period.
C . At any time during the period of performance under this Agreement, the Corporation may review all
Program Costs incurred by the Grantee and all payments made to date . Upon such review the
Corporation shall disallow any items of expense that are not determined to be allowable or are
determined to be in excess of approved expenditures ; and shall , by written notice specifying the
disallowed expenditures, inform the Grantee of any such disallowance .
IX . Drawdown of Grant Funds
A . The Grantee shall be entitled to drawdown funds at the time the funds are actually needed for payment .
Funds are to be drawn for immediate cash needs only, as required in U. S . Department of Treasury
Circular 1075 . The Grantee shall not issue TBRA to a beneficiary until such time as all project set-up
information has been received and entered into the Integrated Disbursement Information System
(IDIS) . Grantee shall use the Tenant Based Rental Assistance Activity Set-up Report, Attachment B .
to collect such information .
B . The Grantee shall establish procedures to insure that any funds set forth in (A) above shall be
expended within fifteen ( 15) days of receipt of the funds in the electronic depository account .
X . Depositories for Program Funds
A . The Grantee must establish a separate account in a local financial institution for the receipt, deposit,
and disbursement of HOME TBRA Program funds from the Corporation .
B . The local account will also be used for the deposit and disbursement of repayments of HOME funds .
Program income must be disbursed prior to requesting HOME funds from the Corporation .
Florida Housing Finance Corporation Page 3 (Rev. 09/05)
XI . Financial Management
A . Grantees shall establish and maintain a system which assures effective control over and accountability
for all funds used in the HOME Program, and follow the requirements of 24 CFR 85 . 20 and OMB
Circular A- 122 or A- 87 , respectively .
B . Grantees shall certify to the Corporation, in writing, prior to making the first drawdown of funds that
the system proposed for use shall meet the following standards :
1 . Maintenance of separate accounting records and source documentation for the HOME Program;
2. Provision for accurate, current, and complete disclosure of the financial status of the Program;
3 . Establishment of records of budgets and expenditures for each approved activity;
4 . Demonstration of the sequence and status of receipts, obligations, disbursements and fund
balance ;
5 . Provision of financial status reports in the form acceptable to the Corporation;
6 . Compliance with the applicable audit requirements (OMB Circular A- 133 ) , and;
7 . Consistency with generally accepted accounting principles , 24 CFR 85 . 20, and OMB Circulars
A-57 or A- 87 .
C . Grantees shall transfer to the Corporation any unencumbered HOME funds on hand at the time of
expiration of this Agreement, and any accounts receivable attributable to the use of HOME funds, as
required in 24 CFR 92 . 503 .
XII . Program Income
The Grantee shall retain any repayment, interest, and any other return on the investment of HOME funds to be used
for additional HOME eligible activities .
XIII . Monitoring and Reporting
A . The Grantee shall monitor the activities of the HOME Program, including those of the contractors and
subcontractors , to ensure that all program requirements are being met. The Grantee shall establish and
maintain a standard procedure for internal monitoring.
B . From time to time, as requested in writing by the Corporation , the Grantee shall submit such data and
other information as the Corporation may require .
C . Failure to report as required or respond to requests for data or information in a timely manner shall be
grounds for suspension or termination of the Grant at the discretion of the Corporation .
XIV . Procurement Procedures
A . The Grantee shall use established procurement procedures, which reflect applicable Federal , State and
local law and regulations (24 CFR 84 .40- 84 . 48 ) .
B . These standards do not relieve the Grantee of any contractual responsibilities under its contracts . The
Grantee is responsible, in accordance with good administrative practice and sound business judgment,
for the settlement of all contractual and administrative issues arising out of procurements entered into
Florida Housing Finance Corporation Page 4 (Rev. 09/05)
support of a grant . These include but are not limited to source evaluation , protests , disputes , and
claims .
C . The Grantee shall abide by the requirements of 24 CFR 24 . 200 concerning debarment and suspension
on procurement procedures .
XV . Program Closeout
A . Program Closeout is the process by which the Corporation determines that all applicable actions and
all required work of the program including audit and resolution of audit findings have been completed
or that there are no additional benefits likely to occur by continuation of program activities or costs .
All findings from Corporation monitoring visits must be cleared prior to closeout.
XVI . Termination for Convenience
A . The Corporation or Grantee may terminate the grant in whole, or in part, when both parties agree that
the continuation of the program would not produce beneficial results commensurate with further
expenditure of funds .
B . The two parties shall agree upon the termination conditions , including the effective date and in the
case of partial termination, the portion to be terminated .
C . If a project is terminated before its completion, an amount equal to the HOME funds disbursed for the
project must be paid by the HOME recipient to its HOME Investment Trust Fund. Such Funds are due
to the Corporation within 30 days of the date of project cancellation . Such funds shall be returned to
HUD by the Corporation in compliance with HUD Notice CPD 92- 18 , issued June 9, 1992 .
XVII . Suspension or Termination-for Cause
A . The Corporation may suspend the grant, in whole or in part, at any time during the Grant Period, and
upon reasonable notice to the Grantee, withhold further payments or prohibit the Grantee from
incurring additional obligations of grant funds when it is determined that the Grantee has failed to
substantially comply with the conditions of this Agreement . This will be done pending corrective
action by the Grantee or a decision by the Corporation to terminate the grant.
B . The Corporation, after reasonable notice following procedures pursuant to Section XVIII (A) of this
Agreement, may terminate the grant, in whole or in part, at any time during the Grant Period when it is
determined that the Grantee has failed to substantially comply with the conditions of this Agreement .
The Corporation shall promptly notify the Grantee in writing, of the determination and the reasons for
the termination , together with the effective date .
XVIII . Audit Requirements
A . The Grantee shall arrange for the performance of annual financial/compliance audits of the grant
project . All audits must be performed by an independent qualified auditor. The audit period is
identical with the Grantee's regular fiscal year. The audit(s) will be conducted in accordance with the
requirements set forth in the U. S . Single Audit Act of 1984, as amended and Office of Management
and Budget (OMB) Circular A- 133 , as amended .
B . If the Grantee expends $ 500,000 or more in a year in Federal awards, the Grantee shall have a single
audit or program specific audit if so elected, conducted for that year in accordance with the provisions
of OMB Circular A- 133 , as amended.
C . Grantees are required to submit one copy of the fiscal year audit report covering the program. The
audit reports shall be sent to the Corporation within 30 days after the completion of the audit, but no
later than one-hundred eighty ( 180) days after the end of the audit period unless agreed to by the
Corporation .
Florida Housing Finance Corporation Page 5 (Rev . 09/05 )
D . If any expenditures are disallowed as a result of the audit report, the obligation for reimbursement
shall rest with the Grantee .
XIX . Retention of and Access to Records
A . Financial records , supporting documents, statistical records , and all other records pertinent to this
program shall be retained in accordance with Chapter 119 , Fla. Stat . , and in accordance with 24 CFR
85 .42 and 24 CFR 92 . 508 .
B . Authorized representatives of the Corporation , the Florida Auditor General , the Secretary of HUD, the
Inspector General of the United States , or the U . S . General Accounting Office shall have access to all
books, accounts , reports , files, papers , things , or property belonging to, or in use by, the Grantee
pertaining to the administration of these grants and receipt of assistance under the HOME Program as
may be necessary to make audits , examinations , excerpts, and transcripts .
C . Any contract or agreement entered into by the Grantee shall contain language comparable to
subsections (A) and (B) so as to assure access by authorized parties to the pertinent records of any
subgrantee, contractor, or subcontractor .
D . The Grantee shall establish and maintain sufficient records for a minimum of five years to enable the
Corporation to determine whether the Grantee has met the requirements of the HOME Program. The
Grantee shall follow the guidelines in 24 CFR 92 . 508 .
XX . Conflict of Interest
A . In the procurement of supplies, equipment, construction, and services by Grantees and subgrantees , the
conflict of interest provisions, Attachment O of OMB Circular A- 110 and 24 CFR 85 . 36 , respectively,
shall apply. In all cases not governed by the provisions of said circular and regulation, the provisions
of subsection (B) and 24 CFR 92 . 356 (b) shall apply.
B . No member of the governing body, officers or employee of the Grantee, or its designees or agents, or
any other person who exercises any functions or responsibilities with respect to the program assisted
by this Agreement during his tenure or for one year thereafter, shall have any direct interest in any
contract or subcontract, or the proceeds thereof, for the work to be performed in connection with the
program.
C . The Grantee shall incorporate, or cause to be incorporated in all third party agreements , a provision
prohibiting such interest pursuant to the purpose of this Section .
D . The Grantee shall not employ, nor shall permit any third party to employ, any employee of the
Corporation .
XXI . Equal Opportunity
The Grantee agrees to comply with all the requirements relating to fair employment practices , to the extent
applicable and shall cause the foregoing provision to be inserted in all contracts with third parties for any work
covered by this Agreement so that such provisions will be binding upon such third parties . Grantee will conduct and
administer the grant in conformity with 24 CFR 92 . 350 .
XXII . Lobbying
The undersigned certifies , to the best of his or her knowledge and belief that :
1 . No appropriated federal funds have been paid, or will be paid, by or on behalf of the undersigned to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection
Florida Housing Finance Corporation Page 6 (Rev. 09/05)
D . If any expenditures are disallowed as a result of the audit report, the obligation for reimbursement
shall rest with the Grantee .
XIX . Retention of and Access to Records
A . Financial records , supporting documents, statistical records , and all other records pertinent to this
program shall be retained in accordance with Chapter 119 , Fla. Stat . , and in accordance with 24 CFR
85 .42 and 24 CFR 92 . 508 .
B . Authorized representatives of the Corporation , the Florida Auditor General , the Secretary of HUD, the
Inspector General of the United States , or the U . S . General Accounting Office shall have access to all
books, accounts , reports , files, papers , things , or property belonging to, or in use by, the Grantee
pertaining to the administration of these grants and receipt of assistance under the HOME Program as
may be necessary to make audits , examinations , excerpts, and transcripts .
C . Any contract or agreement entered into by the Grantee shall contain language comparable to
subsections (A) and (B) so as to assure access by authorized parties to the pertinent records of any
subgrantee, contractor, or subcontractor .
D . The Grantee shall establish and maintain sufficient records for a minimum of five years to enable the
Corporation to determine whether the Grantee has met the requirements of the HOME Program. The
Grantee shall follow the guidelines in 24 CFR 92 . 508 .
XX . Conflict of Interest
A . In the procurement of supplies, equipment, construction, and services by Grantees and subgrantees , the
conflict of interest provisions, Attachment O of OMB Circular A- 110 and 24 CFR 85 . 36 , respectively,
shall apply. In all cases not governed by the provisions of said circular and regulation, the provisions
of subsection (B) and 24 CFR 92 . 356 (b) shall apply.
B . No member of the governing body, officers or employee of the Grantee, or its designees or agents, or
any other person who exercises any functions or responsibilities with respect to the program assisted
by this Agreement during his tenure or for one year thereafter, shall have any direct interest in any
contract or subcontract, or the proceeds thereof, for the work to be performed in connection with the
program.
C . The Grantee shall incorporate, or cause to be incorporated in all third party agreements , a provision
prohibiting such interest pursuant to the purpose of this Section .
D . The Grantee shall not employ, nor shall permit any third party to employ, any employee of the
Corporation .
XXI . Equal Opportunity
The Grantee agrees to comply with all the requirements relating to fair employment practices , to the extent
applicable and shall cause the foregoing provision to be inserted in all contracts with third parties for any work
covered by this Agreement so that such provisions will be binding upon such third parties . Grantee will conduct and
administer the grant in conformity with 24 CFR 92 . 350 .
XXII . Lobbying
The undersigned certifies , to the best of his or her knowledge and belief that :
1 . No appropriated federal funds have been paid, or will be paid, by or on behalf of the undersigned to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection
Florida Housing Finance Corporation Page 6 (Rev. 09/05)
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal
loan, the entering into of any cooperative agreement, and the extension , continuation , renewal , amendment,
or modification of any Federal contract, grant, loan or cooperative agreement .
2 . If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress in
connection with this Federal Contract, grant, loan , or cooperative agreement, the undersigned shall
complete and submit Disclosure Form to Report Lobbying (Standard Form-LLL) , in accordance with its
instructions .
3 . The undersigned shall require that the language of this certification be included in the award documents for
all sub-awards at all tiers (including subcontracts, sub-grants , and contracts under grants , loans, and
cooperative agreements) and that all sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into . Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352 , Title 31 , U. S . Code . Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $ 10,000 and not more than $ 100,000 for each failure .
XXIII . Waiver of Enforcement
No waiver by the Corporation of the right to enforce any provision of this Agreement shall be deemed a waiver of
the right to enforce each and all the provisions hereof.
XXIV. Revisions and Amendments and Approvals
A . Any changes to this Agreement shall constitute an amendment .
B . The Grantee shall not expand, enhance, commingle or add to the scope of the program, covered by the
Agreement .
C . Amendments of the terms of this Agreement shall not become effective unless reduced to writing,
numbered, agreed to and signed by the Corporation and the duly authorized representative of the
Grantee .
XXV . Contractual Provisions Attachments
The provisions found in Contractual Provisions Attachment, which is attached hereto .
Attachment A — Scope of Services
Attachment B — Payment Request Form
Form HUD-40095 — Tenant Based Rental Assistance Set-Up Report
Florida Housing Finance Corporation Page 7 (Rev. 09/05)
Dated by the Corporation this aAS Hay of ;G):wuAy , 2006
FLORIDA HOUSING KPLANCE COR RATION
By:
hen P ger
Executive Director
Florida Housing Finance Corporation
STATE OF FLORIDA
COUNTY OF LEON
Jb
The foregoing instrument was acknowledged before me this;,Jday of ( �
.pb , by Stephen P. Auger as
Executive Director for the Florida Housing Finance Corporation.
�4�nyn n
Suture of Notary Public
' . Jean Salmonsen
.: MYCOMMISSION # DD177690 EXPIRES
Primed Name ofNotary Public January 15, 2007
°�" •�'• BONDED IHPU TPOV FAIN INSUPANCF, INC
p,E�h,
Personally Known )C. OR Produced Identification_
Type of Identification Produced
INDIAN RIVF,R COUNTY - BOARD OF COUNTY COMMISSIONERS
rthurC R. Neuberger, Chatrmaia,
ApprovedbyBCC: February 7 2006
Attest :
Jeffre on CletkofCocuitCo
,ate w
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Deputy Clerk
W TndianRiverCo. Approved Date
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Approved: Departmenti
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J ephA. aird, County Administrator
Florida Housing Finance Corporation Page 8 (Rev. 09/05)
SCOPE OF SERVICES
I . The Grantee agrees to work with the Corporation to locate and assist low income households of the State of
Florida in accordance with the provisions contained in the Federal Act, the State Act, the HOME Program
regulations (24 CFR Part 92) and this Agreement. Preference will be given those households who have been
displaced from their primary residence as a result of natural disaster. Grantee responsibilities include but are not
limited to :
a) Providing Tenant Based Rental Assistance (TBRA) , security deposit and utility deposit assistance ; and
b) Counseling of prospective tenants regarding landlord/tenant responsibilities , methods of locating suitable
units and equal housing opportunity laws .
2 . The Corporation and/or the Corporation ' s monitoring agents will monitor the performance of the Grantee as it
relates to this Agreement on a periodic basis .
3 . Eligible Households include those households who have incomes at or below 80 percent of area median income ,
adjusted for family size , as established by HUD . For each fiscal year, at least 90 percent of Eligible Households
assisted through HOME TBRA must be at or below 60 percent of area median income, adjusted for family size .
a) Eligibility is determined by comparing the household' s anticipated gross annual income for the next twelve
months to the income limits for the appropriate household size . (The definition of annual income as defined
in Section 8 of the United States Housing Act of 1937 . ) Verification of income should be completed in
accordance with the rule of the Section 8 Housing Choice Voucher Program . A self- affidavit executed by
the household is acceptable if third party verification cannot be obtained .
b) Written certification of income eligibility must be obtained prior to occupancy . If applicants or household
members that are being assisted have given false information, the Grantee must notify the Corporation and
rental assistance must be terminated .
c ) Eligible Households who receive assistance under this Agreement and who are currently on a waiting list
for a Section 8 Housing Choice Voucher Program cannot be removed from that waiting list and must be
transitioned from the HOME TBRA program to the Section 8 program if a Housing Choice Voucher
becomes available to them .
4 . Rental assistance is limited to an initial twelve month period . No TBRA application shall be accepted by the
Grantee after expiration of this contract unless otherwise extended in writing by the Corporation, but in no event
will the contract be extended beyond an additional one year.
5 . The Grantee is responsible for obtaining the following documentation for each Eligible Household applying to
receive TBRA :
a) Applicant In-Take Form ( Exhibit 1 ) and Tenant Income Certification (Exhibit 2), or HUD 50058 Form
b) Landlord Agreement to Participate Form (original) , and (Exhibit 3 )
c) Signed Lease and Lease Addendum (copy) . ( Exhibit 4)
If providing the HUD 50058 Form, Grantee must also provide the amount of security and utility deposit paid to
the tenant (if applicable) .
6 . The Grantee must provide income verifications for each tenant.
7 . Rental assistance under this program is portable and is available to Eligible Households to rent the unit of their
choice provided it does not already receive any form of rental assistance . The assistance is conditioned upon the
execution of a Lease Addendum between the landlord and the Eligible Household .
8 . On the 18th of every month , the Grantee will transmit to the Corporation a Monthly Payment Authorization form
(Attachment B) , authorizing payment for all Eligible Households . Households that are subsequently determined
to be ineligible or who have served notice they have vacated must be removed from the next monthly submittal .
Florida Housing Finance Corporation Page I Attachment A (Rev . 09/05 )
9 . The Grantee will apply its stated method of continued program participation , including annual income
certification and unit inspections, as documented in their Section 8 Housing Choice Voucher Program plan .
10 . Assisted units may be publicly or privately owned ; however, units covered under a project-based rental
assistance agreement or Public Housing Authority units are not eligible . Units in a project partially covered by a
project-based rental assistance agreement are eligible, provided that there is not project-based assistance
available for the unit in question .
It . The Grantee will be required to inspect units at initial occupancy and certify to the Corporation that the unit
meets minimum HUD Housing Quality Standards (HQS ) .
12 . Units in cooperative housing developments are ineligible for assistance under this Agreement.
13 . The landlord shall execute a Landlord Agreement to Participate and a Lease Addendum with the tenant.
14 . There is no requirement regarding the term of the lease, but subsidy payments to the landlord under the HOME
TBRA program shall not exceed 12 months from the date of initial occupancy and in no event exceed the actual
period of occupancy, if less than 12 months . The tenant shall be solely responsible for any damages caused by
breaching the lease that exceed the security deposit .
15 . Rental assistance calculations may be prorated during the initial month . Leases should begin on the first day of
the actual tenant occupancy . If the lease is executed for any day other than the first of the month , the Grantee is
responsible for paying the prorated subsidy portion of the rent for that month from proceeds provided by the
Corporation .
16 . Certain lease provisions are prohibited under the Regulations . These provisions are contained in the Lease
Addendum which shall be executed by the landlord and tenant.
17 . The amount of rental assistance paid on behalf of an Eligible Household is limited to the difference between the
established rent for the unit and thirty percent (30 %) of the Eligible Household' s gross monthly income .
Example : $ 500 rent and $ 12 ,000 annual gross income would require a subsidy of: ( $ 12 ,000/ 12 months) x
. 30 = $300 (tenant payment)
$ 500 rent minus 5300 tenant payment = $200 monthly subsidy
Exclusions are permissible when calculating income , (e . g . , dependents , disability, elderly, and child care ) .
Utility allowances are permissible when calculating rent.
18 . Applicants whose subsidy calculations is less than $ 50 . 00 per month is not eligible to receive TBRA .
19 . Applicants whose tenant calculations is less than $ 5 . 00 per month is not eligible to receive TBRA .
20 . The Grantee shall receive an initial $ 5 , 000 . 00 advance for operating expenses . These funds may be used to pay
for security deposits , utility deposits and the tenants ' initial month' s pro-rated rent subsidy . The Grantee shall
ensure that any security or utility deposit amount provided under this program must be refundable by the
landlord to the Grantee not to the tenant. The Grantee may then elect to remit the recovered deposits to the
tenant or use the funds to provide additional rental assistance in accordance with the Grantee 's established
operating procedures . Additional funds may be requested once the initial $ 5 , 000 . 00 is committed or expended .
Upon request of additional funds, the Grantee may be asked to submit proof to the Corporation of disbursement
of the initial $ 5 , 000 . 00 . The Grantee shall return all unused funds to the Corporation upon termination of this
Agreement .
21 . In addition, the Grantee shall receive an administrative fee (the "Fee " ) of 10% of the funds drawn . Such HOME
funds shall be used by the Grantee in accordance with the activities listed and budgeted herein . Administrative
funds will be disbursed for actual costs incurred in the administration of this contract . Prior to payment of the
Fee , the Grantee must submit to the Corporation the required documentation listed in Section 5 herein .
Documentation that supports the utilization of administrative funds must be maintained.
22 . Issues not covered in this agreement are to be handled in accordance with HUD 24 CFR Part 92 .
Florida Housing Finance Corporation Page 2 Attachment A (Rev . 09/05 )
GRANT NAME : Tenant Based Rental Assistance (TBRA) GRANT #
AMOUNT OF GRANT : $ 500 , 000
DEPARTMENT RECEIVING GRANT : General Services/Housing Authority/Rental Assistance
CONTACT PERSON : Mark V . Thomas TELEPHONE : 770-5014
1 . How long is the grant for? 24 Months Starting Date : Upon Execution of Agreement
2 . Does the grant require you to fund this function after the grant is over? Yes X No
3 . Does the grant require a match? Yes X No
If yes, does the grant allow the match to be In-Kind services ? Yes No
4 . Percentage of match to grant 0 %
5 . Grant match amount required $0
6 . Where are the matching funds coming from (i . e . In-Kind Services ; Reserve for Contingency) '.
N/A
7 . Does the grant cover capital costs or start-up costs ? X Yes No
If no , how much do you think will be needed in capital costs or start-up costs : $ 600
(Attach a detail listing of costs)
8 . Are you adding any additional positions utilizing the grant funds? Yes X No
If yes , please list. (If additional space is needed, please attach a schedule . )
Note : Program will be administered using existing staff; salary amounts reflect overtime compensation.
Acct. Description Position Position Position Position Position
011 . 12 Regular Salaries
011 . 13 Other Salaries & Wages (PT) $ 14 , 102 . 40 $ 15177 . 80 $ 25460 . 12 $ 1 , 563 . 12 $ 1 , 517 . 10
012 . 11 Social Security
012 . 12 Retirement - Contributions
012 . 13 Insurance - Life & Health
012 . 14 Worker ' s Compensation
012 . 17 S/Sec . Medicare Matching
TOTAL $ 141102 . 40 $ 1 , 177 . 80 $25460 . 12 $ 1 , 563 . 12 $ 11517 . 10
9 . What is the total cost of each position including benefits, capital , start-up, auto expense, travel and operating ?
Salary and Benefits Operating Capital Total Costs
Costs
$ 145102 . 40 $ 111040 . 50 $ 11693 . 33 $ 26, 836 . 23
$ 1 , 177 . 80 $ 922 . 08 $ 141 .42 $ 2 ,241 . 30
$ 25460 . 12 $ 1 , 925 . 98 $295 .40 $4 , 681 . 50
$ 1 , 563 . 12 $ 1 ,223 . 74 $ 187 . 69 $ 25974 . 55
$ 1 , 517 . 10 $ 11187 . 71 $ 182 . 16 $ 206 . 97
$ 10 , 379 .46 $ 10 , 379 .46
$ 20 , 820 . 54 $ 26, 679 .47 $ 2 , 500 . 00 $ 50, 000 . 01
Misc . Co . Admin .
10 . What is the estimated cost of the grant to the county over five years ? 0
Signature of Preparers YIN4 �'<' ----'� Date : d
SCOPE OF SERVICES
1 . The Grantee agrees to work with the Corporation to locate and assist low income households of the State of
Florida in accordance with the provisions contained in the Federal Act, the State Act, the HOME Program
regulations (24 CFR Part 92 ) and this Agreement. Preference will be given those households who have been
displaced from their primary residence as a result of natural disaster. Grantee responsibilities include but are not
limited to :
a) Providing Tenant Based Rental Assistance (TBRA), security deposit and utility deposit assistance ; and
b) Counseling of prospective tenants regarding landlord/tenant responsibilities , methods of locating suitable
units and equal housing opportunity laws .
2 . The Corporation and/or the Corporation ' s monitoring agents will monitor the performance of the Grantee as it
relates to this Agreement on a periodic basis .
3 . Eligible Households include those households who have incomes at or below 80 percent of area median income,
adjusted for family size, as established by HUD . For each fiscal year, at least 90 percent of Eligible Households
assisted through HOME TBRA must be at or below 60 percent of area median income, adjusted for family size .
a) Eligibility is determined by comparing the household ' s anticipated gross annual income for the next twelve
months to the income limits for the appropriate household size . (The definition of annual income as defined
in Section 8 of the United States Housing Act of 1937 . ) Verification of income should be completed in
accordance with the rule of the Section 8 Housing Choice Voucher Program . A self-affidavit executed by
the household is acceptable if third party verification cannot be obtained .
b) Written certification of income eligibility must be obtained prior to occupancy . If applicants or household
members that are being assisted have given false information, the Grantee must notify the Corporation and
rental assistance must be terminated.
c) Eligible Households who receive assistance under this Agreement and who are currently on a waiting list
for a Section 8 Housing Choice Voucher Program cannot be removed from that waiting list and must be
transitioned from the HOME TBRA program to the Section 8 program if a Housing Choice Voucher
becomes available to them .
4 . Rental assistance is limited to an initial twelve month period . No TBRA application shall be accepted by the
Grantee after expiration of this contract unless otherwise extended in writing by the Corporation, but in no event
will the contract be extended beyond an additional one year.
5 . The Grantee is responsible for obtaining the following documentation for each Eligible Household applying to
receive TBRA :
a) Applicant In-Take Form (Exhibit 1 ) and Tenant Income Certification (Exhibit 2 ) , or HUD 50058 Form
b) Landlord Agreement to Participate Form (original) , and (Exhibit 3 )
c) Signed Lease and Lease Addendum (copy) . (Exhibit 4 )
If providing the HUD 50058 Form , Grantee must also provide the amount of security and utility deposit paid to
the tenant (if applicable) .
6 . The Grantee must provide income verifications for each tenant.
7 . Rental assistance under this program is portable and is available to Eligible Households to rent the unit of their
choice provided it does not already receive any form of rental assistance . The assistance is conditioned upon the
execution of a Lease Addendum between the landlord and the Eligible Household .
8 . On the 18`h of every month, the Grantee will transmit to the Corporation a Monthly Payment Authorization form
(Attachment B ) , authorizing payment for all Eligible Households . Households that are subsequently determined
to be ineligible or who have served notice they have vacated must be removed from the next monthly submittal .
I
Florida Housing Finance Corporation Page 1 Attachment A (Rev. 09/05 )
9 . The Grantee will apply its stated method of continued program participation , including annual income
certification and unit inspections, as documented in their Section 8 Housing Choice Voucher Program plan .
10 . Assisted units may be publicly or privately owned; however, units covered under a project-based rental
assistance agreement or Public Housing Authority units are not eligible . Units in a project partially covered by a
project-based rental assistance agreement are eligible , provided that there is not project-based assistance
available for the unit in question .
11 . The Grantee will be required to inspect units at initial occupancy and certify to the Corporation that the unit
meets minimum HUD Housing Quality Standards (HQS) .
12 . Units in cooperative housing developments are ineligible for assistance under this Agreement.
13 . The landlord shall execute a Landlord Agreement to Participate and a Lease Addendum with the tenant.
14 . There is no requirement regarding the term of the lease , but subsidy payments to the landlord under the HOME
TBRA program shall not exceed 12 months from the date of initial occupancy and in no event exceed the actual
period of occupancy, if less than 12 months . The tenant shall be solely responsible for any damages caused by
breaching the lease that exceed the security deposit.
15 . Rental assistance calculations may be prorated during the initial month . Leases should begin on the first day of
the actual tenant occupancy. If the lease is executed for any day other than the first of the month , the Grantee is
responsible for paying the prorated subsidy portion of the rent for that month from proceeds provided by the
Corporation .
16 . Certain lease provisions are prohibited under the Regulations . These provisions are contained in the Lease
Addendum which shall be executed by the landlord and tenant .
17 . The amount of rental assistance paid on behalf of an Eligible Household is limited to the difference between the
established rent for the unit and thirty percent (30 %) of the Eligible Household' s gross monthly income .
Example : $ 500 rent and $ 12 ,000 annual gross income would require a subsidy of: ($ 12,000/ 12 months) x
. 30 = $ 300 (tenant payment)
$ 500 rent minus $ 300 tenant payment = $ 200 monthly subsidy
Exclusions are permissible when calculating income , (e . g. , dependents , disability, elderly, and child care) .
Utility allowances are permissible when calculating rent.
18 . Applicants whose subsidy calculations is less than $ 50 . 00 per month is not eligible to receive TBRA.
19 . Applicants whose tenant calculations is less than $ 5 . 00 per month is not eligible to receive TBRA .
20 . The Grantee shall receive an initial $ 5 ,000 . 00 advance for operating expenses . These funds may be used to pay
for security deposits , utility deposits and the tenants ' initial month' s pro-rated rent subsidy . The Grantee shall
ensure that any security or utility deposit amount provided under this program must be refundable by the
landlord to the Grantee not to the tenant. The Grantee may then elect to remit the recovered deposits to the
tenant or use the funds to provide additional rental assistance in accordance with the Grantee's established
operating procedures . Additional funds may be requested once the initial $ 5 ,000 . 00 is committed or expended .
Upon request of additional funds , the Grantee may be asked to submit proof to the Corporation of disbursement
of the initial $ 5 ,000 . 00 . The Grantee shall return all unused funds to the Corporation upon termination of this
Agreement.
21 . In addition, the Grantee shall receive an administrative fee (the "Fee ") of 10% of the funds drawn . Such HOME
funds shall be used by the Grantee in accordance with the activities listed and budgeted herein . Administrative
funds will be disbursed for actual costs incurred in the administration of this contract. Prior to payment of the
Fee, the Grantee must submit to the Corporation the required documentation listed in Section 5 herein .
Documentation that supports the utilization of administrative funds must be maintained.
22 . Issues not covered in this agreement are to be handled in accordance with HUD 24 CFR Part 92 .
Florida Housing Finance Corporation Page 2 Attachment A (Rev . 09/05 )
TBRA APPLICANT INTAKE
(Completed by Participating Agency (PHA )
DATE : NAME of PHA :
I. Applicant Information
Name of Head of Household : Contact Phone # :
# of persons in household : Gross Annual Household Income :
Is gross annual household income less than 80% of area median income based on household size ? Yes or No
If No, STOP. Applicant does not qualify .
Proof of displacement: FEMA certification (Obtain copy) or Other (Explain )
Previous Address :
If displaced by hurricane and no FEMA certification exists, PHA must verify (visual inspection) that the residence is no longer habitable
Verified? (circle one) Yes No Not Applicable (FEMA certification attached)
II. Landlord Information
Name : Contact Phone # :
Mailing Address :
Payment Method Preferred by Landlord : Direct Deposit Mail Check
HI. Rental Unit Information
Address :
County : # of Bedrooms :
Monthly TBRA Rent : Monthly Tenant Rent : Move In Date :
Security Deposit Paid by PHA :
Prorated First Months Rent Paid by PHA :
IV. Participating Agency Certification
As a representative of the Participating Agency, I hereby certify that :
1 . An inspection of the property referenced in Section III was conducted on by a
representative of our agency and that the unit meets HUD Housing Quality Standards (HQS ) .
2 . Both parties are aware that this is temporary assistance for a period not to exceed 12 months , both parties are aware
they are
obligated to notify the PHA within 10 days in the event the tenant moves out of the unit. A lease addendum has been executed
between the tenant and the landlord.
Name of Agency Representative Title
Signature Date
Attachments : FEMA Certification of Displacement (unless not applicable)
Florida Housing Finance Corporation Page I Attachment A , Exhibit 1 (Rev . 09/05 )
TENANT INCOME CERTIFICATION - TBRA
Property Name/Address : Effective Date
Unit # # Bedrooms : County
HOUSEHOLD COMPOSITION
HH Name Sex Relationship DOB Head of Occupation of Social Security #
# Household Head
Code
1 HEAD
2
3
4
5
6
HH of Household Codes : 1 — Single/non -Elderly 2 — Elderly 3 — Related/Single Parent 4 — Related/Parent 5 - Other
ANNUAL INCOME (USE ANNUAL AMOUNTS)
HH (A) (B) (C) (D)
# Wages/Salaries Benefits/Pensions Public Assistance Assets/Other Income
Totals
(E) Gross Annual Income
HOUSEHOLD CERTIFICATION
I/We certify that the information on this form is true and complete to the best of my/our knowledge and belief. I/We consent to the disclosure of such
information to the
Federal or State agency with oversight of the program(s), and to the Florida Housing Finance Corporation in its capacity to monitor the
property ' s compliance with
applicable program requirements.
Signature of Lessee (Date) Signature of Lessee (Date)
Signature of Lessee (Date) Signature of Lessee (Date)
Unit # :
Household Name :
Gross Annual Income : (from line E)
Current income limit :
WARNING : Section 1001 of Title 18 of the U .S . Code makes it a criminal offense to willfully falsify a material fact or make
a false statement in any matter
within the jurisdiction of a federal agency.
Florida Housing Finance Corporation Page I Attachment A , Exhibit 2 (Rev . 09/05 )
Eligibility Status Ethnicity & Race of Head of Household
O Income Eligible < 80% Circle One
11 — White
Security Deposit Paid : $ 12 — Black or African American
13 — Hispanic
BY : ❑ Tenant ❑ PHA 14 — Asian
15 — American Indian or Alaska Native
Utility Deposit Paid : $ 16 — Native Hawaiian or Other Pacific Islander
17 — American Indian or Alaska Native & White
BY : ❑ Tenant ❑ PHA 18 — Asian & White
19 — Black or African American & White
Pro-rated Rent Paid : $ 20 — American Indian or Alaska Native & Black or African American
21 — Other Multi Racial
BY : ❑ Tenant ❑ PHA
RR
Unit Rent Information
a . Tenant Paid Rent: b . Move -in Date
c . Housing Assistance Payment : d. Current rent limit (FMR) $
e . Total Landlord Rent
Unit Meets Rent Restriction at ❑ 30 % ❑ Written verification of
income attached
PHA CERTIFICATION
I have verified the information presented on this form in accordance with the requirements of the Program and the provisions of any applicable
deed
restrictions . I possess the documentation necessary to support this certification/recertification . To the best of my knowledge, the
information
presented on this form is complete and accurate .
(Signature of Owner or Authorized Representative) (Date)
(Printed Name) (Printed Title)
For FHFC use only
WARNING : Section 1001 of Title 18 of the U . S . Code makes it a criminal offense to willfully falsify a material fact or make
a false statement in any matter
within thejurisdiction of a federal agency.
Florida Housing Finance Corporation Page 2 Attachment A, Exhibit 2 ( Rev . 09/05 )
TBRA LANDLORD AGREEMENT TO PARTICIPATE
(Completed by PHA and Landlord)
DATE :
NAME of PHA :
I, Landlord Information
Name : Social Security # or Tax ID #
Mailing Address :
Telephone Number :
E-Mail Address :
II. Rental Unit Information
Address :
# of Bedrooms :
Monthly FHFC Rent : Monthly Tenant Rent : Move In Date :
Security Deposit Paid by PHA:
Prorated First Months Rent Paid by PHA :
III. Method of Payment
Direct Deposit (attach authorization) Mail Check (delivery date of the check is beyond the control of FHFC )
IV. Landlord Certification
I hereby certify that I have read and agree to participate in and comply with the Florida Housing Finance Corporation
Tenant Based Rental Assistance Program . I further certify that I agree to the following :
1 . I must attach a fully executed copy of the HOME Lease Addendum to the Lease of each Tenant participating in
this program .
2 . (Grantee) will make rental assistance payments to me for a
period of twelve months from the date of initial occupancy provided the tenant remains in the unit and the unit
meets HUD Housing Quality Standards (HQS) . I agree to notify the Grantee within ten days if the tenant moves
out. I understand that if a tenant moves out before the end of the lease term , the Grantee will only pay
rent
through the remainder of the month in which the tenant moves . I further agree to hold harmless the Grantee for
any breach of the lease , including but not limited to , tenant's failure to make monthly rental payments .
3 . I am obligated to repay any amounts that I receive to which I am not entitled without demand from the Grantee .
Further, I agree to make no false claims for rental assistance payments .
Date :
Signature of Landlord
Attachments : Copy of Lease and signed HOME Lease Addendum , Direct Deposit Form
Florida Housing Finance Corporation Page I Attachment A, Exhibit 3 (Rev . 09/05 )
LEASE ADDENDUM
TENANT : LANDLORD : UNIT NO . & ADDRESS
PARTICIPATING AGENCY
( " Grantee ") :
This lease addendum adds the following paragraphs to the lease between the Tenant and the Landlord
referred to above (" Lease " ) .
A . Purpose of the Addendum . The Lease is hereby amended to include the provisions of this
addendum because the Tenant has been approved to receive tenant based rental assistance under
the Florida Housing Finance Corporation (" FHFC " ) Tenant-Based Rental Assistance Program
( "Program" ) .
B . Conflict with Other Provisions of the Lease. In case of any conflict between the provisions of this
Addendum and other sections of the Lease , the provisions of this Addendum shall prevail .
C . Rental Assistance Payment.
( 1 ) Each month the Tenant shall make a rental payment to the Landlord in the amount of
$ . The Tenant is responsible for this monthly payment for the entire term
of the Lease unless otherwise agreed to in writing between the Landlord and the Tenant .
(2) Each month the Landlord shall collect from the Agency a rental assistance payment on
behalf of the Tenant in the amount of $ . The Agency shall make this rental
assistance payment to the Landlord for each month the unit is Tenant occupied, but in no
case shall payments exceed 12 months from the date of initial occupancy.
D . Housing Standards. The Landlord shall maintain the unit, common areas , equipment, and
facilities in decent, safe and sanitary condition in accordance with HUD's Housing Quality
Standards (HQS ) and federal, state and local laws .
E . Security Deposit.
( 1 ) The Landlord has received a deposit in the amount of $ as a Security Deposit.
The Landlord will hold this security deposit during the period the Tenant occupies the
unit under the Lease . The Landlord shall comply with state and local laws regarding
interest payments on security deposits .
(2 ) After the Tenant moves out of the unit, the Landlord shall refund the full amount of the
security deposit to the Agency. The Landlord may , subject to state and local laws , use
the security deposit, as reimbursement for rent or any other amounts payable by the
Tenant under the Lease . The Landlord shall promptly return the balance of the full
amount of the security balance to the Agency .
Florida Housing Finance Corporation Page 1 Attachment A, Exhibit 4 (Rev . 09/05 )
F . Rent Increases. Rent Increases during the term of the Lease are prohibited without Agency
approval .
G. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local
laws . The Landlord must notify the Agency that eviction procedures have begun .
H . Prohibited Lease Provisions . Any provision of the Lease which falls within the classifications
below shall not apply and not be enforced by the Landlord :
( 1 ) Agreement to be Sued. Agreement by the Tenant to be sued, admit guilt, or to a judgment
in favor of the owner in a lawsuit brought in connection with the Lease .
(2) Treatment of Property. Agreement by the Tenant that the Landlord may take , hold or sell
personal property of household members without notice to the Tenant and a court
decision on the rights of the parties . This prohibition, however, does not apply to an
agreement by the Tenant concerning disposition of personal property remaining in the
housing unit after the Tenant has moved out. The Landlord may dispose of this personal
property in accordance with State Law.
(3 ) Excusing the Owner from Responsibility. Agreement by the Tenant not to hold the
Landlord or the Landlord's agents legally responsible for actions or failure to act, whether
intentional or negligent .
(4 ) Waiver of Notice. Agreement by the Tenant that the Landlord may
institute a lawsuit without notice to the Tenant.
( 5 ) Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict the
Tenant or household members without instituting a civil court proceeding in which the
Tenant has the opportunity to present a defense before a court decision on the rights of
both parties .
(6) Waiver of a Jury Trial. Agreement by the Tenant to waive any right to a
jury trial .
(7) Waiver of a Right to Appeal Court Decision. Agreement by the Tenant to waive the
Tenant' s rights to appeal or to otherwise challenge in court a decision in connection with
the Lease .
(8 ) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome. Agreement by
the Tenant to pay attorney fees or other legal costs even if the Tenant wins the court
proceedings by the Landlord against the Tenant. The Tenant, however, may be obligated
to pay costs if the Tenant loses .
I . Nondiscrimination. The Landlord shall not discriminate against the Tenant on the grounds of age ,
race, color, creed, religion, sex , handicap , national origin or familial status .
Florida Housing Finance Corporation Page 2 Attachment A. Exhibit 4 (Rev. 09/05 )
F . Rent Increases. Rent Increases during the term of the Lease are prohibited without Agency
approval .
G. Termination of Tenancy. The Landlord may evict the Tenant following applicable state and local
laws . The Landlord must notify the Agency that eviction procedures have begun .
H . Prohibited Lease Provisions . Any provision of the Lease which falls within the classifications
below shall not apply and not be enforced by the Landlord :
( 1 ) Agreement to be Sued. Agreement by the Tenant to be sued, admit guilt, or to a judgment
in favor of the owner in a lawsuit brought in connection with the Lease .
(2) Treatment of Property. Agreement by the Tenant that the Landlord may take , hold or sell
personal property of household members without notice to the Tenant and a court
decision on the rights of the parties . This prohibition, however, does not apply to an
agreement by the Tenant concerning disposition of personal property remaining in the
housing unit after the Tenant has moved out. The Landlord may dispose of this personal
property in accordance with State Law.
(3 ) Excusing the Owner from Responsibility. Agreement by the Tenant not to hold the
Landlord or the Landlord's agents legally responsible for actions or failure to act, whether
intentional or negligent .
(4 ) Waiver of Notice. Agreement by the Tenant that the Landlord may
institute a lawsuit without notice to the Tenant.
( 5 ) Waiver of Legal Proceedings. Agreement by the Tenant that the Landlord may evict the
Tenant or household members without instituting a civil court proceeding in which the
Tenant has the opportunity to present a defense before a court decision on the rights of
both parties .
(6) Waiver of a Jury Trial. Agreement by the Tenant to waive any right to a
jury trial .
(7) Waiver of a Right to Appeal Court Decision. Agreement by the Tenant to waive the
Tenant' s rights to appeal or to otherwise challenge in court a decision in connection with
the Lease .
(8 ) Tenant Chargeable with Cost of Legal Actions Regardless of Outcome. Agreement by
the Tenant to pay attorney fees or other legal costs even if the Tenant wins the court
proceedings by the Landlord against the Tenant. The Tenant, however, may be obligated
to pay costs if the Tenant loses .
I . Nondiscrimination. The Landlord shall not discriminate against the Tenant on the grounds of age ,
race, color, creed, religion, sex , handicap , national origin or familial status .
Florida Housing Finance Corporation Page 2 Attachment A. Exhibit 4 (Rev. 09/05 )
TENANT SIGNATURE : LANDLORD SIGNATURE :
By : By :
(Print name) (Print name)
(Signature/Date) ( Signature/Date)
TENANT SIGNATURE :
By :
(Print name)
(Signature/Date)
Florida Housing Finance Corporation Page 3 Attachment A. Exhibit 4 (Rev. 09/05 )
FLORIDA HOUSING HOME Program
Tenant Based Rental Assistance
FINANCE CORPORATION Payment Request Form
This form shall be used in requesting a drawdown Mail completed form to :
of funds for Tenant Based Rental Assistance . Fill Florida Housing Finance Corporation
in all appropriate blanks and type or print clearly . Attn : Heather Boyd
This form is due by the 18th of the month . 227 N . Bronough St . , Suite 5000
Tallahassee , FL 32301 - 1329
Name and Address of Grantee Date of
Name : Request for the month
Address : IDIS Number :
City : State
Zip : _
Type
Payment
1 = Initial
Social Security Amount 2 = Ongoing
Number Tenant Name Requested 3 = Final
Commitment Amount
Previous Disbursements (not including $ 5 , 000 advance or admin )
Disbursement Request
Balance (commitment amount minus disbursements )
10 % Administration Request
Total Request
Name of Authorized Signatory Title
Florida Housing Finance Corporation Page 1 Attachment B (Rev . 09/05 )
Tenant Based Rental Assistance U . S . Department of Housing OMB Approval No . 2506-0171
and Urban Development ( Exp . 05/31 /2007 )
Set - up Report Office of Community Planning
HOME Program and Development
Note : Complete for all Tenant Based Rental Assistance Activities . Mark Appropriate Box :
❑ Original Submission ❑ Revision
Part A :
1 . Name Participant 5 . HOME Funds for Activity
a . Total Funds Requested $
2 . Activity Number 3 . Participant Tax ID Number b . Participant Number c. Dollar Amount of Funds
4 . Name & Phone Number of person completing form
ark
Part B : Activity Information .
1 . Term of Contract 2 . County Code 3 . Number of Tenants Assisted
Part C : Household Characteristics . Enter one code only in each block.
No. Tenant's Last No. Tenant Subsidy Total Rent % of Hisp Race of Head Size of Head of Type of Is HOME As-
Name or First 5 of Payment Amount (a + b) Area of Household House House Contract sisted Tenant
Letters of Last BRs (a ) (b) Median hold hold O=Owner in HOME As-
Name Income T=Tenant sisted Project
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
No. of Bedrooms Code Hispanic Race of Head of Household Code Size of Household Code Head of Household Code
1 — 1 Bedroom y — yes 11 — White 1 — 1 Person 1 — Single/Non Elderly
2 — 2 Bedrooms n — no 12 — Black or African American 2 - 2 Persons 2 — Elderly
3 — 3 Bedrooms 13 — Asian 3 - 3 Persons 3 — Related/Single Parent
4 — 4 Bedrooms 14 — American Indian or Alaska Native 4 — 4 Persons 4 — Relatedrrwo Parent
5 — 5 or more Bedrooms 15 — Native Hawaiian or Other Pacific Islander 5 - 5 Persons 5 — Other
16 — American Indian or Alaska Native & White 6 — 6 Persons
% of Area Median Code 17 — Asian & White 7 — 7 Persons
1 — 0 - 30% 18 — Black or African American & White 8 — 8 or more Persons
2 - 30 - 50% 19 — American Indian or Alaska Native &
3 - 50 - 60% Black or African American
4 - 60 - 80% 20 — Other Multi Racial
Page 1 of form HUD-40095 (02/2003 )
Part C : (Con 't .) Household CharaCteristiCS . Enter one code only in each block.
No. Tenant's Last No. Tenant Subsidy Total Rent % o Hisp Race of Size of Head of Type of Is HOME As-
Name or First 5 of Payment Amount (a + b) Area Head of House House Contract sisted Tenant
Letters of Last BRs (a) (b) Median Household hold hold O=Owner in HOME As-
Name Income T=Tenant sisted Project
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
No. of Bedrooms Code Hispanic Race of Head of Household Code Size of Household Code Head of Household Code
1 — 1 Bedroom y — yes 11 — White 1 — 1 Person 1 — Single/Non Elderly
2 — 2 Bedrooms n — no 12 — Black or African American 2 — 2 Persons 2 — Elderly
3 — 3 Bedrooms 13 — Asian 3 - 3 Persons 3 — Related/Single Parent
4 — 4 Bedrooms 14 — American Indian or Alaska Native 4 — 4 Persons 4 — Related/Two Parent
5 — 5 or more Bedrooms 15 — Native Hawaiian or Other Pacific Islander 5 — 5 Persons 5 — Other
16 — American Indian or Alaska Native & White 6 — 6 Persons
% of Area Median Code 17 — Asian & White 7 — 7 Persons
1 — 0 - 30% 18 — Black or African American & White 8 — 8 or more Persons
2 - 30 - 50% 19 — American Indian or Alaska Native &
3 - 50 - 60% Black or African American
Page 2 of 4 form HUD-40095 (02/2003 )
Part C : (Con 't .) Household CharaCteristiCS . Enter one code only in each block.
No. Tenant's Last No. Tenant Subsidy Total Rent % o Hisp Race of Size of Head of Type of Is HOME As-
Name or First 5 of Payment Amount (a + b) Area Head of House House Contract sisted Tenant
Letters of Last BRs (a) (b) Median Household hold hold O=Owner in HOME As-
Name Income T=Tenant sisted Project
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
No. of Bedrooms Code Hispanic Race of Head of Household Code Size of Household Code Head of Household Code
1 — 1 Bedroom y — yes 11 — White 1 — 1 Person 1 — Single/Non Elderly
2 — 2 Bedrooms n — no 12 — Black or African American 2 — 2 Persons 2 — Elderly
3 — 3 Bedrooms 13 — Asian 3 - 3 Persons 3 — Related/Single Parent
4 — 4 Bedrooms 14 — American Indian or Alaska Native 4 — 4 Persons 4 — Related/Two Parent
5 — 5 or more Bedrooms 15 — Native Hawaiian or Other Pacific Islander 5 — 5 Persons 5 — Other
16 — American Indian or Alaska Native & White 6 — 6 Persons
% of Area Median Code 17 — Asian & White 7 — 7 Persons
1 — 0 - 30% 18 — Black or African American & White 8 — 8 or more Persons
2 - 30 - 50% 19 — American Indian or Alaska Native &
3 - 50 - 60% Black or African American
Page 2 of 4 form HUD-40095 (02/2003 )
4 - 60 - 80% 20 — Other Multi Racial
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including the time for reviewing instructions,
searching existing data
sources, gathering and maintaining the data needed , and completing and reviewing the collection of information. This agency may not conduct
or sponsor, and a person is
not required to respond to, a collection of information unless that collection displays a valid OMB control number.
The HOME statute imposes a significant number of data collection and reporting requirements. This includes information on assisted properties
, on the owner or tenants of
the properties , and on other programmatic areas. The information will be used: 1 ) to assist HOME participants in managing their
programs; 2) to track performance of
participants in meeting fund commitment and disbursement deadlines; 3 ) to permit HUD to determine whether each participant meets the HOME statutory
income targeting
and affordability requirements ; and 4) to permit HUD to determine compliance with other statutory and regulatory program requirements . This
data collection is authorized
under Title 11 of the Cranston-Gonzalez National Affordable Housing Act or related authorities. Access to Federal grant funds is contingent on the reporting
of certain activity-
specific elements. Records of information collected will be maintained by the recipients of the assistance . Information on activities and disbursements
of grant funds is public
information and is generally available for disclosure . Recipients are responsible for ensuring confidentially when public disclosure is not required .
Sensitive Information: Some of the information collected on this form is considered sensitive and is protected by the Privacy Act. The
Privacy Act requires that these
records be maintained with appropriate administrative , technical , and physical safeguards to ensure their security and confidentiality. In
addition, these records should be
protected against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience,
or unfairness to any
individual on whom the information if maintained . Recipients are responsible for ensuring confidentiality when public disclosure is not required.
Instructions for Completing the Tenant-Based Rental Assistance Set- Up Report
HOME Program
Read the instructions for each item carefully before completing Part C . Household Characteristics .
the form . Use a typewriter or print carefully with a ballpoint pen . Complete one line for each tenant receiving HOME tenant-based
Prepare an original and one copy . Retain the copy. rental assistance from HOME funds .
Applicability. This report is to be completed for each rental Tenant' s Last Name or First 5 Letters of Last Name .
Enter the
activity assisted with HOME funds . A single set-up report form tenant's last name if the name is 5 letters or less .
Enter the first
may include up to 99 tenants so long as the term of the contract is five letters of the last name if the name is more than
five letters .
the same for all of the tenants in the report form . For centralized
State projects , the tenants must be in the same country. Number of Bedrooms . Enter "0" for a single room occupancy
(SRO ) unit or for an efficiency unit, 1 for 1 bedroom , 2 for 2
Timing . Data is to be entered into IDIS before funds may be bedrooms , 3 for 3 bedrooms , 4 for 4 bedrooms
, and 5 for 5 or
drawn down for an activity. An amended set-up report form more bedrooms .
should be submitted to increase or decrease HOME funding for
the activity . Monthly Rent ( Including Utilities ) .
Tenant Payment. Enter the actual rent to the nearest dollar,
Part A: Activity Information including utilities , paid by the tenant at the time of activity
completion . If the rent includes utilities , or if the rent includes
1 . Name of Participant. Enter the name of the jurisdiction . partial utilities , e. g. , heat, but not electricity, these
utility costs
2 . Project Number. Enter the activity number assigned by must be added to the rent. Compute utility costs for the area (and
IDIS . in the case of partial utilities , compute costs for utilities excluded
3 . Participant' s Tax ID Number. Enter the Tax from the rent ) , by using the utility allowance schedule by the local
( Employer) Identification Number for the participant. Public Housing Authority ( PHA) in accordance with form HUD-
4 . Name & Phone Number of Person Completing Form . 52667 , Allowance for Tenant Furnished Utilities and Other
Enter the name and phone number, including area code , Services .
of the person to contact for further information regarding
this project . HOME Subsidy Amount . Enter the amount from HOME funds
5. HOME Funds for Activity. that will be paid to the tenant or owner as a rent subsidy payment
a . Enter the total amount of HOME ( including any utility allowances ) to the nearest dollar.
funds requested for the activity .
b . Enter the participant number (from Total Rent . Enter the total monthly rent (tenant payment plus
item 2 of the HOME Investment HOME subsidy amount) . Note : This amount may exceed the rent
Partnership Agreement for Project paid to the owner if it includes tenant-paid utilities .
Areas ) for each fiscal year source of
HOME project funds committed for Income Data .
the activity. Percent of Area Median . For each occupied residential unit,
c . Enter the amount of HOME funds enter one code only based on the following definitions :
from each fiscal year by participant 1 . 0-30 Percent of Area Median means a household whose
number. adjusted income is at or below 30 percent of the median
family income for the area , as determined by HUD with
Part B : Activity Information adjustments for smaller and larger families .
Items 1 and 2 must be the same for all tenants included in a 2 . 30-50 Percent of Area Median
means a household
single activity set-up . whose adjusted income exceeds 30 percent and does
1 . Term of Contract. Enter the term in months of tenant- not exceed 50 percent of the median family income for
based rental assistance activity . the area , as determined by HUD with adjustments for
2 . County Code . To be completed only by States that are smaller and larger families .
being administered in a centralized State HOME 3 . 50-60 Percent of Area Median means a household
Program . Enter the 3-digit county code for the county in whose adjusted income exceeds 50 percent and does
which the project is located . not exceed 60 percent of the median family income for
3 . Number of Tenants Assisted . Enter the total number the area , as determined by HUD with adjustments for
of tenants to be assisted by this activity. smaller and larger families .
Page 3 of 4 form HUD40095 (02/2003 )
4. 60-80 Percent of Area Median means a household 1 . Section 8 . Tenants receiving Section 8 assistance
whose adjusted income exceeds 60 percent and does through the Section 8 Certificate Program under 24 CFR
not exceed 80 percent of the median family income for part 882 or the Section 8 Housing Voucher Program
the area , as determined by HUD with adjustments for under 24 CFR part 887 .
smaller and larger families . 2 . HOME Tenant Based Rental Assistance. Tenants
receiving HOME tenant-based assistance .
Household Data . 3 . Other Assistance . Tenants receiving rental assistance
Hispanic Y/N : For each occupied residential unit , enter the through other Federal , State or local rental
assistance
ethnicity for the head of household as either "Y" for Hispanic or programs .
Latino or " N " for Not Hispanic or Latino . Hispanic or Latino race is 4. No Assistance . Self-explanatory.
defined as a person of Cuban , Mexican , Puerto Rican , South or
Central American , other Spanish culture or origin , regardless of
race . The term , " Spanish origin , " can be used in addition to
" Hispanic or Latino . "
Race — Head of Household : For each occupied residential unit,
enter one code only based on the following definitions :
11 . White. A person having origins in any of the original
peoples of Europe , North Africa or the Middle East.
12 . Black or African American . A person having origins in
any of the black racial groups of Africa . Terms such as
" Haitian " or "Negro" can be used in addition to 'Black or
African American . "
13 . Asian . A person having origins in any of the original
peoples of the Far East, Southeast Asia , or the Indian
subcontinent including , for example , Cambodia , China ,
India , Japan , Korea , Malaysia , Pakistan , the Philippine
Islands , Thailand and Vietnam .
14 . American Indian or Alaska Native . A person having
origins in any of the original peoples of North and South
America (including Central America ) , and who maintains
affiliation or community attachment.
15. Native Hawaiian or Other Pacific Islander. A person
having origins in any of the original people of Hawaii ,
Guam , Samoa or other Pacific Islands .
16 , American Indian or Alaska Native & White . A person
having these multiple race heritages as defined above .
17. Asian & White . A person having these multiple race
heritages as defined above .
18 . Black or African American & White . A person having
these multiple race heritages as defined above .
19 . American Indian or Alaska Native & Black or African
American . A person having these multiple race
heritages as defined above .
20 . Other Multi Racial . For reporting individual responses
that are not included in any of the other categories listed
above .
Size of Household . Enter the appropriate number of persons in
the household : 1 , 2 , 3 , 4 , 5 , 6 , 7 , or 8 or more persons (for
households or more than 8 , enter 8 ) .
Head of Household . For each residential unit, enter one code
only based on the following definitions :
1 . Single/Non -Elderly. One-person household in which
the person is not elderly.
2 . Elderly. One or two person household with a person at
least 62 years of age .
3. Related/Single Parent. A single parent household with
a dependent child or children ( 18 years old or younger) .
4. Related/Two Parent . A two-parent household with a
dependent child or children ( 18 years old or younger) .
5 . Other. Any household not included in the above 4
definitions , including two or more unrelated individuals .
Rental Assistance : Enter one code only to indicate the type of
assistance , if any, being provided to the tenant . -
Page 4 of 4 form HUD-40095 (02/2003 )
PART 982-SECTION 8 TENANT BASED ASSISTANCE .
HOUSING CHOICE VOUCHER PROGRAM
Subpart I—Dwelling Unit : Housing Quality Standards , Subsidy Standards ,
Inspection and Maintenance
Source .
60 FR 34695 , July 3 , 1995 , unless otherwise noted .
Sec.
§982 .401 Housing quality standards (HQS) .
(a) Performance and acceptability requirements. ( 1 ) This section states the housing
quality standards (HQS) for housing assisted in the programs .
(2)( i ) The HQS consist of:
(A) Performance requirements ; and
(B ) Acceptability criteria or HUD approved variations in the acceptability criteria .
( ii) This section states performance and acceptability criteria for these key aspects of
housing quality :
(A) Sanitary facilities ;
(B) Food preparation and refuse disposal ;
(C ) Space and security ;
(D) Thermal environment;
(E) Illumination and electricity ;
(F) Structure and materials ;
(G ) Interior air quality ;
(H) Water supply ;
(1 ) Lead -based paint ;
(J) Access ;
(K) Site and neighborhood ;
(L) Sanitary condition; and
(M) Smoke detectors .
( 3 ) All program housing must meet the HQS performance requirements both at
commencement of assisted occupancy, and throughout the assisted tenancy .
(4)( i) In addition to meeting HQS performance requirements , the housing must meet the
acceptability criteria stated in this section, unless variations are approved by HUD .
( ii) HUD may approve acceptability criteria variations for the following purposes :
(A) Variations which apply standards in local housing codes or other codes adopted by
the PHA ; or
(B ) Variations because of local climatic or geographic conditions .
( iii) Acceptability criteria variations may only be approved by HUD pursuant to
paragraph (a)(4)( ii ) of this section if such variations either :
(A) Meet or exceed the performance requirements ; or
(B ) Significantly expand affordable housing opportunities for families assisted under the
program .
(iv) HUD will not approve any acceptability criteria variation if HUD believes that such
variation is likely to adversely affect the health or safety of participant families , or
severely restrict housing choice .
(b) Sanitary facilities—( 1 ) Performance requirements. The dwelling unit must include
sanitary facilities located in the unit. The sanitary facilities must be in proper operating
condition, and adequate for personal cleanliness and the disposal of human waste . The
sanitary facilities must be usable in privacy .
(2) Acceptability criteria. ( i) The bathroom must be located in a separate private room
and have a flush toilet in proper operating condition .
( ii) The dwelling unit must have a fixed basin in proper operating condition, with a sink
trap and hot and cold running water.
( iii) The dwelling unit must have a shower or a tub in proper operating condition with hot
and cold running water.
( iv) The facilities must utilize an approvable public or private disposal system (including
a locally approvable septic system) .
(c) Food preparation and refuse disposal—( l ) Performance requirement. (i) The
dwelling unit must have suitable space and equipment to store, prepare, and serve foods
in a sanitary manner.
( ii ) There must be adequate facilities and services for the sanitary disposal of food wastes
and refuse, including facilities for temporary storage where necessary (e . g, garbage cans) .
(2) Acceptability criteria. ( i) The dwelling unit must have an oven , and a stove or range ,
and a refrigerator of appropriate size for the family . All of the equipment must be in
proper operating condition . The equipment may be supplied by either the owner or the
family . A microwave oven may be substituted for a tenant- supplied oven and stove or
range . A microwave oven may be substituted for an owner- supplied oven and stove or
range if the tenant agrees and microwave ovens are furnished instead of an oven and
stove or range to both subsidized and unsubsidized tenants in the building or premises .
( ii) The dwelling unit must have a kitchen sink in proper operating condition , with a sink
trap and hot and cold running water. The sink must drain into an approvable public or
private system .
( iii) The dwelling unit must have space for the storage, preparation , and serving of food .
( iv) There must be facilities and services for the sanitary disposal of food waste and
refuse , including temporary storage facilities where necessary (e . g . , garbage cans) .
(d) Space and security—( 1 ) Performance requirement. The dwelling unit must provide
adequate space and security for the family .
(2) Acceptability criteria. (i) At a minimum, the dwelling unit must have a living room , a
kitchen area, and a bathroom .
( ii) The dwelling unit must have at least one bedroom or living/sleeping room for each
two persons . Children of opposite sex, other than very young children, may not be
required to occupy the same bedroom or living/sleeping room .
( iii) Dwelling unit windows that are accessible from the outside , such as basement, first
floor, and fire escape windows, must be lockable ( such as window units with sash pins or
sash locks , and combination windows with latches) . Windows that are nailed shut are
acceptable only if these windows are not needed for ventilation or as an alternate exit in
case of fire .
( iv) The exterior doors of the dwelling unit must be lockable . Exterior doors are doors by
which someone can enter or exit the dwelling unit .
(e) Thermal environment—( 1 ) Performance requirement. The dwelling unit must have
and be capable of maintaining a thermal environment healthy for the human body .
(2) Acceptability criteria. ( i ) There must be a safe system for heating the dwelling unit
(and a safe cooling system, where present) . The system must be in proper operating
condition . The system must be able to provide adequate heat (and cooling , if applicable) ,
either directly or indirectly , to each room , in order to assure a healthy living environment
appropriate to the climate .
(ii ) The dwelling unit must not contain unvented room heaters that burn gas, oil , or
kerosene . Electric heaters are acceptable .
(f) Illumination and electricity—( 1 ) Performance requirement. Each room must have
adequate natural or artificial illumination to permit normal indoor activities and to
support the health and safety of occupants . The dwelling unit must have sufficient
electrical sources so occupants can use essential electrical appliances . The electrical
fixtures and wiring must ensure safety from fire .
(2 ) Acceptability criteria. (i ) There must be at least one window in the living room and in
each sleeping room .
(ii ) The kitchen area and the bathroom must have a permanent ceiling or wall light fixture
in proper operating condition . The kitchen area must also have at least one electrical
outlet in proper operating condition.
( iii ) The living room and each bedroom must have at least two electrical outlets in proper
operating condition . Permanent overhead or wall-mounted light fixtures may count as one
of the required electrical outlets.
(g) Structure and materials—( 1 ) Performance requirement. The dwelling unit must be
structurally sound . The structure must not present any threat to the health and safety of
the occupants and must protect the occupants from the environment .
( 2) Acceptability criteria. (i) Ceilings , walls , and floors must not have any serious defects
such as severe bulging or leaning, large holes, loose surface materials, severe buckling,
missing parts, or other serious damage .
(ii ) The roof must be structurally sound and weathertight .
( iii) The exterior wall structure and surface must not have any serious defects such as
serious leaning, buckling, sagging, large holes , or defects that may result in air infiltration
or vermin infestation .
(iv) The condition and equipment of interior and exterior stairs, halls , porches, walkways,
etc . , must not present a danger of tripping and falling . For example, broken or missing
steps or loose boards are unacceptable .
(v ) Elevators must be working and safe .
(h) Interior air quality—( 1 ) Performance requirement. The dwelling unit must be free of
pollutants in the air at levels that threaten the health of the occupants .
(2) Acceptability criteria. ( i) The dwelling unit must be free from dangerous levels of air
pollution from carbon monoxide , sewer gas, fuel gas , dust, and other harmful pollutants .
( ii) There must be adequate air circulation in the dwelling unit .
(iii) Bathroom areas must have one openable window or other adequate exhaust
ventilation .
( iv) Any room used for sleeping must have at least one window . If the window is
designed to be openable , the window must work .
( i) Water supply—( 1 ) Performance requirement. The water supply must be free from
contamination .
(2 ) Acceptability criteria. The dwelling unit must be served by an approvable public or
private water supply that is sanitary and free from contamination .
0 ) Lead-based paint performance requirement. The Lead -Based Paint Poisoning
Prevention Act (42 U . S . C . 4821 -4846), the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U . S . C . 4851 -4856 ) , and implementing regulations at part 35 ,
subparts A , B , M, and R of this title apply to units assisted under this part .
(k) Access performance requirement. The dwelling unit must be able to be used and
maintained without unauthorized use of other private properties . The building must
provide an alternate means of exit in case of fire (such as fire stairs or egress through
windows) .
( 1) Site and Neighborhood—( 1 ) Performance requirement. The site and neighborhood
must be reasonably free from disturbing noises and reverberations and other dangers to
the health , safety, and general welfare of the occupants .
(2) Acceptability criteria. The site and neighborhood may not be subject to serious
adverse environmental conditions, natural or manmade, such as dangerous walks or steps ;
instability ; flooding, poor drainage , septic tank back-ups or sewage hazards ; mudslides ;
abnormal air pollution, smoke or dust ; excessive noise, vibration or vehicular traffic ;
excessive accumulations of trash ; vermin or rodent infestation ; or fire hazards .
(m) Sanitary condition—( 1 ) Performance requirement. The dwelling unit and its
equipment must be in sanitary condition .
(2 ) Acceptability criteria. The dwelling unit and its equipment must be free of vermin and
rodent infestation .
( n) Smoke detectors performance requirement—( 1 ) Except as provided in paragraph
(n)(2) of this section , each dwelling unit must have at least one battery -operated or hard -
wired smoke detector, in proper operating condition , on each level of the dwelling unit,
including basements but excepting crawl spaces and unfinished attics . Smoke detectors
must be installed in accordance with and meet the requirements of the National Fire
Protection Association Standard (NFPA) 74 (or its successor standards) . If the dwelling
unit is occupied by any hearing- impaired person, - smoke detectors must have an alarm
system , designed for hearing- impaired persons as specified in NFPA 74 ( or successor
standards) .
(2 ) For units assisted prior to April 24, 1993 , owners who installed battery -operated or
hard -wired smoke detectors prior to April 24, 1993 in compliance with HUD' s smoke
detector requirements, including the regulations published on July 30, 1992 , (57 FR
33846 ) , will not be required subsequently to comply with any additional requirements
mandated by NFPA 74 (i . e . , the owner would not be required to install a smoke detector
in a basement not used for living purposes , nor would the owner be required to change
the location of the smoke detectors that have already been installed on the other floors of
the unit) .
[60 FR 34695 , July 3 , 1995 , as amended at 61 FR 27163 , May 30, 1996 ; 63 FR 23861 ,
Apr . 30, 1998 ; 64 FR 26646 , May 14, 1999 ; 64 FR 49658 , Sept. 14, 1999 ; 64 FR 50230,
Sept . 15 , 1999 ]
Dated by the Corporation this A3"tday of Gtbirgoy , 2006
FLORIDA HOUSING LQMCE CORPORATION
By :
hen PAkriger
xecutive Director
Florida Housing Finance Corporation
STATE OF FLORIDA
COUNTY OF LEON
b
The foregoing instrument was acknowledged before me thisJday of [.pb ,,by Stephen P. Auger as
Executive Director for the Florida Housing Finance Corporation.
SilUture of Notary Public
a'"'�"✓ ;: )ean Solmonsen
MYCOMMISSION # DD177690 EXPIRES
Printed Name of Notary Public ...,, ,, "` 7anuary 15, 2007
,Pf d.• BONDED THRU TROY FAIN INSURANCE, INC
Personally Known X OR Produced Identification_
Type of Identification Produced
INDIAN RFVERCOUNTY - BOARD OF COUNTY COMMISSIONERS
rthur R. Neuberger, Ch m
ApprovedbyBCC: February 7 2006
Attest:
,Ieffre ton, Clerk of Circuit Co -
e �
B J 1T
Deputy Clerk
Indian River Co. Approved Date
fin .
m and Legal Sufficiency: Administration
as
Legal
lLQ tt Budget
DepartmentRiskMgt.eph A. aird, County Administrator
'lorida Housing Finance Corporation Page 8 (Rev. 09/05)
Dated by the Corporation this aAS Hay of ;G):wuAy , 2006
FLORIDA HOUSING KPLANCE COR RATION
By:
hen P ger
Executive Director
Florida Housing Finance Corporation
STATE OF FLORIDA
COUNTY OF LEON
Jb
The foregoing instrument was acknowledged before me this;,Jday of ( �
.pb , by Stephen P. Auger as
Executive Director for the Florida Housing Finance Corporation.
�4�nyn n
Suture of Notary Public
' . Jean Salmonsen
.: MYCOMMISSION # DD177690 EXPIRES
Primed Name ofNotary Public January 15, 2007
°�" •�'• BONDED IHPU TPOV FAIN INSUPANCF, INC
p,E�h,
Personally Known )C. OR Produced Identification_
Type of Identification Produced
INDIAN RIVF,R COUNTY - BOARD OF COUNTY COMMISSIONERS
rthurC R. Neuberger, Chatrmaia,
ApprovedbyBCC: February 7 2006
Attest :
Jeffre on CletkofCocuitCo
,ate w
O
Deputy Clerk
W TndianRiverCo. Approved Date
ppro ' ,d a o Formand. Legal Sufficiency: Adm11t1Stt2hOn
ala
lon
Legal
I m of ms`II, . m Bud et
git e f
Approved: Departmenti
J R1SIC Mgt.
#s -a � �u
J ephA. aird, County Administrator
Florida Housing Finance Corporation Page 8 (Rev. 09/05)
Dated by the Corporation this A3"tday of Gtbirgoy , 2006
FLORIDA HOUSING LQMCE CORPORATION
By :
hen PAkriger
xecutive Director
Florida Housing Finance Corporation
STATE OF FLORIDA
COUNTY OF LEON
b
The foregoing instrument was acknowledged before me thisJday of [.pb ,,by Stephen P. Auger as
Executive Director for the Florida Housing Finance Corporation.
SilUture of Notary Public
a'"'�"✓ ;: )ean Solmonsen
MYCOMMISSION # DD177690 EXPIRES
Printed Name of Notary Public ...,, ,, "` 7anuary 15, 2007
,Pf d.• BONDED THRU TROY FAIN INSURANCE, INC
Personally Known X OR Produced Identification_
Type of Identification Produced
INDIAN RFVERCOUNTY - BOARD OF COUNTY COMMISSIONERS
rthur R. Neuberger, Ch m
ApprovedbyBCC: February 7 2006
Attest:
,Ieffre ton, Clerk of Circuit Co -
e �
B J 1T
Deputy Clerk
Indian River Co. Approved Date
fin .
m and Legal Sufficiency: Administration
as
Legal
lLQ tt Budget
DepartmentRiskMgt.eph A. aird, County Administrator
'lorida Housing Finance Corporation Page 8 (Rev. 09/05)