HomeMy WebLinkAboutbocc.ord.054.2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO, ADOPTING THE
ASPEN/PITKIN COUNTY HOUSING OFFICE
2001 GUIDELINES
Ordinance No.1�45-rl -2001
J RECITALS
NOW, THEREFORE, BE IT ORDAINED, the Board of County Commissioners of Pitkin
County, Colorado (hereinafter "Board") and the City of Aspen, pursuant to number 7 of the Second
Amended and Restated Intergovernmental Agreement Housing Authority(hereinafter "Authority")the
duty to develop and recommend 2001 Affordable Housing Guidelines (hereinafter "Guidelines"), and
BE IT FURTHER ORDAINED BY THE BOARD, the Authority has developed such guidelines
and has referred and recommended them to the Board for approval; and
BE IT FURTHER ORDAINED, the Board has reviewed the Guidelines and has found that it is
in the best interests of the community, its housing program in general, and its affordable resident
housing programs, specifically, to approve and adopt these Guidelines; and
BE IT FURTHER ORDAINED BY THE BOARD, that it does hereby approve and adopt the
2001 Affordable Housing Guidelines attached hereto and made a part hereof; and
BE IT FURTHER ORDAINED BY THE BOARD, that by virtue of the adoption of the
Guidelines attached hereto, that the regulations and guidelines set forth and adopted herein shall
supersede, to the extent inconsistent with the provisions of this Ordinance,all prior Ordinances of the
Board; and
BE IT FINALLY ORDAINED that the provision of resolutions pertaining to employee housing
guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and
guidelines adopted herein.
INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING at the 10 day of October
2001.
NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES on the 8'h day of
September 2001.
APPROVED AFTER SECOND READING AND PUBLIC HEARING on the R44h day of-Oe#--Deecbw
2001.
PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES on the 3 day o f�e4eber 2001.
BOARD OF COUNTY COMMISSIONERS
;TTE : By: '/yL / i Mick Ireland, Chairperson
e Jones
ounty Cler
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
n
John EI / Mary Ravertf, Executive Director
C000V Attorney Aspen/Pitkin County Housing Office
2
ASPEN[PITEAIN COUNTY
AFFORDABLE HOUS1k;G GUIDELI
f
i
October 26,2001 1
HOUSING AUTHORITY BOARD
Tim Semmu -Chairperson/City Council Representative
George Burson - Vice Chairperson/County Appointee
Marcia Goshom -Treasurer/County Appointee
David Guthrie -City Appointee
Steve Elliott-County Appointee
Jamie Knowlton -City Appointee
Keith Webster -County Alternate
Sheri Sanzone-City Alternate
Shellie Roy- BOCC Representative
1
Wish to thank:
THE ASPEN CITY COUNCIL
Mayor Helen Klanderud
Tony Hershey-Councilperson
Tom McCabe-Councilperson
Terry Paulson-Councilperson
Tim Semrau-Councilpersoq
t�!
And
THE BOARD OF COUNTY COMMISSIONERS
Mick Ireland-Chairperson
Patty Clapper-Comrissioner
Dorothea Farris-Commissioner
Jack Hatfield-Commissioner
Shellie Roy-Commissioner
for their continued support.
TABLE OF CONTENTS
TABLE OF CONTENTS........... REM
.....................
PURPOSE.................................................................................................................................................................................... I
HOUSING BOARD POLICY STATEMENT....................................................
PART I. AFFORDABLE HOUSING CATEGORIES
SECTIONI. Category Incomes...................................................................................................................................... 3
SECTION 2. Resident Occupied Units........................................................................................................................... 4
PART D. RENTING AFFORDABLE HOUSING
SECTION 1. Qualifications to Rent Affordable Housing...................................
............................................................ 5
SECTION 2. Initial Qualification to Rent ......................................................................................................................SECTION 3. Requalification for Rental of Affordable Housing.................................................
SECTION 4. Rental Enforcement................................ ................................... 7
................................................................................................... 8
SECTION S. Rental of an Ownership Unit..................................................................................................................... 8
SECTION 6. Management of Rental Units........................................................................................................
SECTISECTION7. Rental Waidist.......................................................................................................................................... 9
ON 8. Emergency Worker.................................................................................................................................... 10
PART HI. PURCHASING AFFORDABLE HOUSING
SECTION 1. Qualifications to Purchase Affordable Housing........................................................................................ I
SECTION 2. Initial Qualification td flurchase ...............................nits.......................................................................... 13
SECTION 3. Qualifications for Pumhase of Resident Occupied Units.....................................................................1.... 14
SECTION 4, Maintaining Eligibility for Ownership of Affordable Housing.......................................................... 15
SECTION 5. Enforcement of Ownership Units ............. ..""
SECTION 6. Priorities for Persons Bidding to Purchase an Affordable Housing Unit..................................................
5
9
PARTW. LOTTERY PROCESS ........................................................................................................................................... 19
PART V. PROCEDURES FOR THE SALE OF A CATEGORY AFFORDABLE HOUSING UNIT
SECTION 1. Listing a Unit with the Housing Office..................................................................................................... 20
SECTION 2. Advertising the Sale: Bid Periods..................................................................
SECTION 3. Fees for Listing and Sales....................................................................................................................._.. 21
21
SECTION 4. Deed Restriction.......................................
................................................................................................. 22
SECTION 5. Co-Ownership and Co-Signature............................................................................................................. 22
SECTION fi. Sale or Resale of Resident Occupied Units............................................................................................... 22
SECTION7. Sete of Single Family Lots........................................................................................................................ 23
SECTION 8. Leave of Absence for Owtkrs of Affordable Housing Units.................................................................... 23
SECTION9. Roommates in Sales Units......................................................................................................................... 24
PARTVI. SPECIAL REVIEW ..............................................................................................................
PART VII. INFORMATION FOR DEVELOPMENT OF AFFORDABLE HOUSING
SECTION 1. Priorities for the Affordable}lousing Units .....................................................
27
SECTION 2. Affordable housing Units Required for Mitigation ................................................................................ 28
SECTION 3. Requirements for Affordable Ilousing Units in Residential Subdivisions.....................................
SECTION 4. Requirements lot AH Units under the Multi-Family Housing Replacement Program...........................
SECTION 5. Requirements for the Affordable Housing Zone District ...................................................... 30
..................
SECTION 6. Dedication Fee for Exempt Single-Family Home and Duplex Units ....................................................... 30 31
t
TABLE OF CONTENTS
(continued)
SECTION7. Resident Occupied Units .......................................................................................................................... 31
SECTION 8. Net Minimum Livable Square Footage fur Newly Deed Restricted All Units........................................ 33
SECTION 9. Maximum Sales Prices for Newly Deed Restricted All Units&Luls.........................................A.......... 34
SECTION 10. Maximum Monthly Rental Rates for Newly Deed Restricted At I Units.................................................. 35
SECTION 11. Requirements for DornitorylLodge(Seasonal Units).............................................................................. 36
SECTION 12. Affordable Housing Dedication Fee(Payment-in-Lieu pee).................................................................... 37
SECTION 13. Conveyance of Vacant Lots....................................................................................................................... 39
SECTION 14. Deed Restricting Existing Dwelling Units ............................................................................................... 39
SECfIOlt I5. Execution of Deed Restrictions by Applicants.......................................................................................... 40
SECTIO916. Maximum Vacancy.................................................................................................................................... 41
PART VIII. MAXIMUM ANNUAL RENT INCREASE FOR EXISTING RENTAL UNITS.................................... 42
PARTIX. GRIEVANCE PROCEDURES....................................................................................................................... 43
PARTX. DEFINITIONS.................................................................................................................................................. 44
PART XL APPENDIX
A. Maximum Household Incomes and Assets per Category......................................................................... 49
B. Chart of Principal Ownership Projects...................................................................................................... So
C. Chart of Principal Rental Projects and Requirements............................................................................... 52
D. Listing of Principal Rental Projects and Property Managers.................................................................... 53
1
TABLES
IMaximum Incomes by Category................................................................................................................ 4
II Minimum Net Livable Sq.Ft.for Each Unit Type and Income Category................................................ 33
IIIMaximum Unit Sales Prices...................................................................................................................... 34
IVMaximum Monthly Rent........................................................................................................................... 35
VOccupancy Standards by Unit Type............................................:............................_............................... 38
VI Permitted Increase in Maximum Rents for Existing Affordable Housing Units..................................... 42
lS�
PURPOSE
"To assure the existence of a supply of desirable and affordable housing for
persons currently employed in Pitkin County,persons who were employed in Pitkin
County prior to retirement, the disabled, and other qualified persons of Pitkin
County."
-Aspenl tkin County Housing Authority's Goal-
(Originally Adopted 1983)
Each year the Aspen/Pitkin County Housing Authority(hereinafter the Housing Office) establishes
Guidelines which govern the development of, admission to and occupancy of deed restricted
affordable housing units for Aspen and Pitldn County. The guidelines support the Housing Offices
goals and are not intended to supersede City or County Land Use Codes or the Uniform Building
Code.
The 2001 Affordable Housing Guidelines respond to housing needs in Aspen and Pitkin County as
identified by the Housing Office. The guidelines are used to:
art
• Review land use applications A
• Establish affordable rental rates
• Establish affordable sales prices
• Establish criteria for qualifications and occupancy
• Develop and prioritize current and long range housing programs
• Provide information and a process for developing affordable housing
It is the intent of the Housing Program to provide housing opportunities for persons who are or have
been actively employed or self-employed in Pitkin County, which provide goods and services to
individuals,businesses or institutional operations in Pitkin County.
t
These Affordable Housing Guidelines shall remain
1n effect until such time as the Housing Board, the
City Council and the Board of County
Commissioners approve new or amended
Guidelines.
MWMMMM
Aspen/PlWn County Housing Guidelines Page 1 of 53
a
HOUSING BOARD POLICY ST.dTEMENTS
The purpose of this section is to assist the staff, development community and public in understanding the
Housing Board's philosophies regarding various aspects of the program. These Policy Statements will be
reviewed and revised by the dousing Board on an annual basis.
Mitigating Affordable {lousing Impacts
The Housing Board has prioritized the following options in order of preference depending on the site
location:
1. On-Site Housing — that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be either next to or attached to the
development.
2. Off-Site Housing — that the location of a deed restricted property used for construction or
redevelopment of a property for mitigation purposes be at a separate location approved by the
Housing Office.
3. Cash-In-Lieu or Land-in-Lieu — that the applicant for a development may, under certain
conditions and subject to certain ;equirements, satisfy the mitigation requirement by payment of
an affordable housing dedication fee or a donation of land. The preference of cash or land shall
be determined on a case-by-case basis.
,Development and Construction of Affordable Housing
The Housing Board has prioritized the following options in order of preference regarding the types of
units to construct:
The private sector priorities for development should be as follows:
i. For-sale type units whereby the average sales price is no higher than Category 3 and the units consist
of one-bedroom and two-bedroom units,with associated RO units
ii. Family-oriented sales units(Categories 3 and 4)
The public sector priorities for development should be as follows:
i. Entry-level rental units consisting of 1-bedroom Categories 1 and 2
ii. For-sale units consisting of Categories 2 and 3 1-bedroom
iii. Family-oriented sales units consisting of Categories 3 and 4
Aspen/Pitkin County Housing Guidelines Page 2 of 53
PART L
AFFORDABLE HOUSING CATEGORIES
The Housing Office's goal is to establish and implement a plan to provide housing within the community.
Rental rates and sales prices are established which are affordable to persons and families of low (Category
1),moderate (Categories 2 and 3) and middle (Category 4) income as related to housing costs in Aspen and
Pitldn County. In order to carry out this objective, affordable housing units are categorized to reflect which
income levels they are to service as set forth in Sections 1 and 2 below.
SECTION I
CATEGORY INCOMES
Prior to 1990, income categories were designated as low,moderate or middle income in accordance with the
applicable Guidelines at that time. In 1990, APCHA redefined the terms and established four income
categories in an effort to create a greater variety of units to serve the community's income levels. The four
income categories were equated to the past income categories and adjusted annually using the Consumer
Price Index(CPI).
Current income amounts were derived from 1999 data collected by the APCHA including: 1999 Housing
Survey of Pitldn Gounty Employees; Colorado Department of Labor and Employment reports; Colorado
Department of Employment and Wages reports; U.S. Census Bureau: Flow of Ftmds Accounts Report and
Annual Expenditures Per Child Repots and Housing and Urban Development Data Sets.
,The survey of Pitldn County employees determined that the median household income for households with
zero and one dependent was$60,000.
Category I low income level Category 2 lower moderate income level
Category 3 upper moderate income level Category 4 middle income level
The maximum gross household income (defined in the Definitions) for each income category is set forth in
Table I.
If net assets exceed the Category 4 net asset limit for any household with a Category 1, 2 or 3 income,
the following method will be used to calculate income: Each $45,000 of excess assets over $225,000
(the Category 4 asset limit)will be converted to $4,152 of income and added to the Gross Household
Income. This is the amount necessary to purchase $346 per month of mortgage at an 8.5% Interest
rate over 30 years. Although this adjustment does not place a maximum cap on net assets, 11 creates
greater equity between Income categories by causing assets to court more towards income.
Aspen/Pitkin County Housing Guidelines Page 3 of 53
r
r,
'CABLE I
MAXIMUM INCOMES BY CATEGORY
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the Housing
Office and Board have recognized the need for a higher allowable income adjusted by the number of adults
and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but will
remain the same per household, with an adjustment to dependents only.
Maximum Incomes for RENTAL Units Only
(See Income Verification, Part II,Section 2,No. 1)
No.Of Adults Category 1 Category 2 Category 3 Category 4
t
One Adult $26,400 $41,900 $68,100 $109,700
Two Adults 39,600 62,900 102,100 164,600
Three Adults 46,200 73,400 119,100 192,000
Net Assets not in Excess of 150,000 175,000 200,000 225,000
Maximum Incomes for SALESIOWNERSHIP Units Only
(See Income Verifica 'on,Part III,Section 2,No.1)
No.of Dependents Category 1 Category 2 Category 3 Category 4
0 Dependents $26,400 $41,900 $68,100 t $109,700
1 Dependent t:r 33,900 49,400 75,600 117,200
2 Dependents 41,400 56,900 83,100 124,700
3 or More Dependents 48,900 64,400 90,600 132,200
Net Assets Not in Excess of 150,000 175,000 200,000 225,000
NOTE: A household can qualify to purchase or rent a unit in a higher category.
SECTION 2
RESIDENT OCCUPIED UNITS
In addition to the income categories for affordable housing units set forth in Table I above, affordable
housing units may also be designated "Resident Occupied" (RO) units. Persons shall occupy RO units who
qualify as stated in Part III, Section 3,Qualifications for Purchase of Resident Occupied Units. Resident
Occupied units with deed restrictions recorded prior to the establishment of the RO Guidelines are subject
to their individual deed restrictions. Information on Resident Occupied Units is also found in Part III,
Section 3, Purchasing Affordable Housing;Part V, Section 7,Sales of Affordable Housing; and Part VII,
Section 6,Development of Affordable Housing.
Aspen/Pitkin County Housing Guidelines Page 4 of 53
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PART IL
RENTING AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO RENT AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to rent and reside in a long-term affordable housing unit
(Category 1, 2, 3, or 4 or long-term at Marolt & Truscott), a person/ household must meet the following
criteria and must not be over the maximum income as stipulated in the table below:
Maximum Incomes for RENTAL Units Only
(See Income Verification,Part H,Section 2,No.1)
No. Of Adults Category I Category 2 Category 3 Category 4
One Adult $26,400 $41,900 $68,100 $109,700
Two Adults 39,600 62,900 102,100 164,600
Three Adults 46,200 73,400 119,100 192,000
Net Assets not in Excess of 150,000 175,000 200,000 225,000
i?1
e
1. Be a full-time employee working in Pitkin County; or a retired person who has been a full-time
employee in Pitkin County a minimum of four years immediately prior to his or her retirement
defined in the Guidelines; or a disabled person residing in Pitkin County who has been a full-time
employee in Pitkin County a minimum of two years immediately prior to their disability(as defined
in the Definitions); or in the event of the qualified employee's death, the spouse of any such
employee, retired person, or disabled person; a dependent living with that qualified employee,
retired person or disabled person. In a two-person household of two adults only(no dependents as
defined in the Guidelines),both adults must be working in Pitkin County to qualify for an additional
bedroom.
2. Upon rental of the unit,employee(s)shall occupy the unit as the primary residence.
1
3. The tenant must not own developed residential real estate or a mobile home in those portions of
Eagle,Garfield,Gunnison or Pitkin Counties,which are part of the Roaring Fork River drainage.
4. If vacant land is owned in the portions of these counties, which are purl of the Roaring Fork River
drainage,while leasing an affordable housing unit, the land must remain unimproved. if the land is
improved with a residence the individual must then relinquish the affordable housing unit by
vacating the rental unit.
5. The tenant must have total current household income and assets no greater than the maximum
amount specified for the particular Category 1, 2, 3 or 4 unit. Any renter who bus assigned,
Aspen/Pltkin County Housing Guidelines Page 5 of 53
Y I
conveyed, transli:rred or otherwise disposed ti' property within the last two years without th. ir
consideration in order to meet the net asset limitations shall he ineligible.
6. Ill' lhe Tenant's residency began prior to ownership by the City, County or Itousing Office as a result
nfa "Buydown" situation, and the Tenant's residency has been continuous since that time, the
Tenant must qualil~ only as a fidMime employee. The Tenant does nt)t have to qualify under the
Income or Asset provisions. The Tenant will he required to pay rent commensurate with his or her
housabold mcume regardless of the price category of tile unit.
7. If a Tenant or potential Tenant is under review thr a non-compliance issue, the Tenant or potential
Tenant will not be approved and/or his or her lease will not be renewed until the non.compliance
issue is satisfied.
I,
8. Emergency workers receive priority for rental units. They must verify their continued service (see
Definitions), to that agency for their lease to be renewed. This requirement expires after two years
of residency/service. See Part II, Section 8, Emergeucy Worker, to see if you am eligible for an
emergency worker priority and the process that needs to be followed.
SECTION 2
INITIAL QUALIFICATION TO RENT
In order to determine that a person or household desirirtg to rant an affordable housing unit meets all of
the criteria set forth in Section 1 above, PRIOR to occupancy, the Housing Office must review and have
on file specific documentation which provides proof off residency, employment, income and assets. The
Housing Office may request any or all of the following documentation. (All information and
documentation received will remaia confidential).
1. Income Verificatio_____ rn..
a. Copy of the previous year's (must current) Federal Income Tax return.
b. Current income and financial statement verified by the applicant to be true and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category.
c. Applicants may, upon request, have the option to have their gross income averaged over
a three-year period for qualification.
d. Social Security report of employer(s) and location(s).
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. ~ficafiun:
a. Ail W-2 forms from the current or previous year (Waitlist tenants must provide
documentation of employment for the full term that their name was on the waitlist).
b. Wage stuffs (if W-2's are not available).
c. Employer(s) name, address, telephone and dates of employment.
Aspen/Pitkin County Housing Guidelines Page 8 of 53
d. Housing Office "Employment Verification Form" [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, stating specific dates.
g. Valid Pitkin County Driver License.
h. Valid Pitkin County Voter Registration.
i. Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement, including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
Due to the need for an employer to house their employees on -site, for rental units owned by employers, if
the deed -restricted housing is located on -site of the business, the employer may choose the tenant. If the
income and/or assets are greater than the maximum allowed for that specific unit, that employee's
income and/or assets shall be waived.
Note: Applicants for Affordable Housing will verify on the application that all information provided
is true and accurate. If any of the information is determined to be inaccurate or non -verifiable, the
applicant may be subject to disqualification by the Housing Office from the application and/or
appr4;valr- process
SECTION 3
REQUALIFICATION FOR RENTAL OF AFFORDABLE HOUSING
The status of Renters/Tenants of Affordable Housing Units shall be reviewed and verified every two
years to ensure that they continue to meet the requirements of the Guidelines, including but not limited
to: Minimum Occupancy, Income and Asset Requirements, and Employment.
Housing Office Responsibilities:
The Housing Office shall endeavor to cause the Landlord to provide the Tenant written notice of
the requirement for requalification at least thirty (30) days prior to the expiration of the two
years.
2. The Housing Office will provide to the Tenant a copy of the Rental Approval form with
instructions.
3. Should a tenant not meet the requirements of the category unit, the tenant shall have one year to
come into compliance or find another pice to live. A tenant who has entered into the bidding
process to purchase u deed -restricted and is looking for other rental opportunities has one
additional year to reside in the unit. however, the rent shall be increased to the category that
matches the tenant's income.
Aspen/Pllkln County Housing Guidelines
Page 7 of 53
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Landlurd Responsibilities:
I, The kandlurd shall pruvidc disclusare in tile lease that tenants most be qualified every two years
and must reapply in the second year.
2. The Landlord shall provide the Tenant written notice of the requirement for requalification at
least thirty (30) days prior to tile expiration uf the two years. 'l'he Housing ()ffice Rental
Approval fi~rm should accompany this notice.
3. Provide the Housing Office a copy of the lease signed by both parties, prior to Tenant occupancy.
Tenant Responsibilities:
1. Renters must meet all of the Initial Qualifications stated previously in Section 1.
2. If the Tenant does not receive the Landlord's notice or the Rental Approval form, the Tenant
must contact the Housing Office by telephone, 920-5050, or in person.
3. The Tenant must pay a $15 Requalification Fee when the documentation is filed with the
Housing Office.
SECTION 4
RENTAL ENFORCEMENT
1. All qualification items from Section I, 14, are verified every two years by the Housing Office
staff. ~i t
2. Roommates are permitted under the Guidelines. Individuals residing in two or three bedroom
units must, at all times, have the unit filled with qualified tenants. In case of a vananey, the
remaining tenant(s) is/are responsible to find a new roommate within forty five (45) days. All
residents must be qualified through the Housing Office prior to occupancy.
3. The Minimum Occupancy Requirement of one qualified individual per bedroom must be met.
4. The Housing Office may do random audits and investigate complaints or reports of non-
compliance on an ongoing basis.
SECTION 5
RENTAL OF AN OWNERSHIP UNIT
A unit may, upon approval of the Housing Office, be rented to a qualified individual, in accordance with the
Guidelines for a maximum period of two (2) years.
Aspsn/Pitkin County Housing Guidelines Pa9e 8 of 53
Terms and Conditions:
1. notice of such intent and the ability to comment shall be provided to any applicable homeowner's
association at the time of request to the Housing Office.
2. A letter must be sent to the Housing Office requesting permission to rent the unit.
3. A minimum six (6) month written lease must be provided to the tenant, with a forty-five (45) day
move out clause, except for non-profit employee/faculty tenants, where a three-month lease or a
month -to -month lease shall be allowed._A three-month rental must be approved as a Leave of
Absence under Part V, Section 8.
4. The Housing Office must qualify all tenants, and shall waive the income and asset requirements for
non-profit tenants. The tenant must be a qualified employee as stipulated in these Guidelines, or
non-profit employee/faculty member as defined in these Guidelines. The unit must be leased for the
terms set forth in the Deed Restriction on the unit or, if there are no such provisions in the Deed
Restriction, upon temps approved by the Housing Office.
5. Prior to the Housing Office's qualification of the tenant, said tenant shall acknowledge as part of the
lease that said tenant has received, read and understands the homeowners' association covenants,
rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and
t ; o regulations shall be the responsibility of the homeowners' association.
6. A copy of the executed lease shall be furnished by the owner or tenant to the Housing Office and
homeowners' association.
SECTION 6
MANAGEMENT OF RENTAL UNITS
Private management companies manage most of the rental projects. Each specific complex may differ in its
rental procedures. Persons desiring to rent an Affordable Housing unit must meet employment and
income requirements as well as minimum occupancy. A list of the rental projects and managers is
located in Appendix D. Units managed by the Housing Office are Truscott Place, Smuggler Mountain
Apartments, Aspen Country Inn and Marolt Ranch Seasonal Housing. Please contact the Housing Office or
individual property managers for specific rental information.
SECTION 7
RENTAL WAITLIST
The housing Office maintains a Wuitlisi gfrentals for some projects. Due to increasing demand and limited
supply, the length of time to obtain affordable rental housing currently runges from two to four years.
Prospective tenants must remain working full time In Pitkin County during the Waitlist period in
order to maintain their position on the Waitlist. Proof of Pitkin County employment must be
provided at the time of Qualification for the full term of the Waitlist period. Once established on the
Waitlist, the waitlisted person must update his/her status every ninety days. Updating may be done as
frequently as once a month.
Aspen/Pitkin County f lousing Guldellnes Page 9 of 53
SECTION 8
EMERGENCY WORKER
An emergency worker may be placed on the top of the rental waitlist if they are approved as a qualified
Emergency Worker through the Public Safety Council Committee review and as defined under the
Difnition•� section herein. The individual's supervisor must request the priority, in writing, to the Public
Safely Codncil Housing Subcommittee. 'Phis Subcommittee will consist of members from any emergency
worker department, a member of the Public Relations Board (PRB) and a member of the Housing Office
staff. It is the responsibility of the supervisor to prove to the Public Safety Council that the employee is a
required emergency response priority. The member of the PRB and the Housing Office will not vote, but
will comment on whether the individual should be allowed the priority. If the Public Safety Council
Housing Subcommittee approves the individual fox priority status, written verification must be provided to
the Housing Office. At such time, the Housing Office will place the individual at the top of the rental
waitlist for City -owned projects.
4p t
Aspen/Pitkin County Housing Guidelines Page 10 of 53
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PART III
PURCHASING AFFORDABLE HOUSING
SECTION 1
QUALIFICATIONS TO PURCHASE AFFORDABLE HOUSING
To qualify, be eligible, and remain eligible to purchase and reside in an affordable housing unit, a
person/household must meet the following criteria and must not be over the maximum income as stipulated
in the table below:
Maximum Incomes for SALES/OWNERSffiP Units Only
(See Section 2, No. 1)
No. of Dependents
Category 1
Category 2
Category 3
Category 4
0Dependents
$26,400
$41,900
$68,100
$109,700
1 Dependent
33,900
49,400
75,600
117,200
2 Dependents
41,400
56,900
83,100
124,700
3 or More Dependents
48,900
64,400
90,600
132,200
Net Assets Not in Excess of
150,000
175,000
200,000
225,000
1
NOTE: A household can qualify to purchase a unit in a higher category.
1. Be a full-time employee working in Pitkin County; or a retired person (see Defini{ions) who has
been a full-time employee in Pitkin County a minimurn of four years immediately prior to
retirement as defined in the Guidelines; or a disabled person residing in Pitkin County who has been
a full-time employee in Pitkin County a minimum of two years immediately prior to their disability
(as defined in the Definitions); or in the event of the qualified employee's death, the spouse of any
such employee, retired person, or disabled person or a dependent living with that qualified
employee, retired person or disabled person. In a two -person household of two adults (no
dependents as defined in the Guidelines), both adults must be working in Pitkin County to qualify in
the top priority for an additional bedroom.
2. Upon purchase of the unit, employee(s) shall occupy the unit as the primary residence and maintain
at least the minimum work requirement until retirement age as specified in these Guidelines.
3. The purchaser/owner must not own developed residential real estate or it mobile home in those
portions of Eagle, Garfield, Gunnison or Pitkin Counties, which are part of the Roaring Fork
River drainage. if properly is owned, the purchaser/owner must list for sale, at competitive
market prices, the residential reul estate or mobile home prior to or simultaneously with closing
on the affordable housing unit and still meet the asset/income limitations as set forth in Table I.
The purchaser must provide the Housing Office with a copy of the appraisal of the property.
Upon the sale, a copy of the closing documents indicating the sale price must be provided to the
Housing Office.
Aspen/Pllkln Cowly Houslnp GUldellnes
Pape I I of 53
Iri
II' the property is not sold by the (line of closing on purchase of the affurdahle housing unit, it
must remain listed until sold. If (lie owner of the other residential property desires to rent that
property prior to sale, the owner shall be required to rent such properly as affordable lousing in
accordance with the Guidelines at the income category determined by the housing Office to be
appropriate under the i:ircumstances.
5. II'vacunt land is owned in the portions of Cagle, (larlield, Gunnison or Pitkin, which are part of the
RouringtFork River drainage, while owning an affordable housing unit, the land must remain
unimproved. If the land is improved with a residence, the individual must then relinquish the
affordable housing unit by listing and selling the ownership interest in that unit. NOTE: Persons
owning improved residential property, residing in affordable housing prior to May 1, 1994, will be allowed
to retain ownership of that residential property and .still be eligible to reside in affordable housing.
However, once the residential property is sold, the Berson residing in affordable housing may not acquire
additional residential property and remain eligible to reside in affordable housing.
A business owner, where the individual owns a deed restricted unit, has an opportunity to purchase
another unit in the Roaring Fork drainage system under the following conditions: 1) the business
owner would contact APCHA that a unit has been found in the free market that they would like to
purchase; 2) the business owner would then discuss with the APCHA the needs of the owner; 3) the
specific Category would be agreed to by both parties (the owner and APCHA) and 4) the Housing
Office has the option to approve the request as long as a recorded deed restriction is placed on the
free market property relating to the business. The employer would only be allowed to rent the unit
to a qualified employee of Pitkin County unless the unit is located in the downvalley area. Should
the unit be located downvalley, the owner would be allowed to rent to an individual employed
somewhere in the Roaring Fork Drainage System as long as their employee would have the first
right of refusal, with the second right of refusal gj�. g to someone employed in Pitkin County, with
the last right to any other qualified employee.
6. The purchaser/owner must have total current household income and assets no greater than the
maximum amount specified in Section I above for the particular category. Any purchaser who has
assigned, conveyed, transferred, or otherwise disposed of property within the last two years without
fair consideration in order to meet the net asset limitations shall be ineligible. Maximum net asset
limits for households, which consist of at least one citizen of retirement age, are 150% of the
applicable income category.
NOTE: The ownership of any property shall be considered in determining Maximum Net Assets.
NOTE: Qualification #6 is applicable at the time of purchase ONLY. After purchase, owners must
continue to meet criteria 1-5 above to continue to own and reside in affordable housing.
NOTE: Any individual or household who is under review for a possible non-compliance issue may
not enter any new lotteries, including in -complex bids, until the non-compliance issue has been
satisfied.
Aspen/Pitkin County Housing Guidelines
Page 12 of 53
SECTION 2
INITIAL QUALIFICATION TO PURCHASE
In order to determine that a person or household desiring to purchase an affordable housing unit meets all
of the criteria set forth in Section 1 above, the Housing Office must review and have on file specific
documentation which provides proof of: residency, employment, income and assets. The Housing Office
may request any or all of the following documentation. All information and documentation received
will remain confidential.
Income Verification
a. Copies of the past two years complete Federal income tax returns, with W2's attached.
b. Current income and financial statement verified by the applicant to be true and correct. If there is
a variance of more than or less than 20% between current income and income reported on the
previous year's tax returns, the incomes will be averaged. This will establish the income category.
C. Social Security records, or W2's for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Employment Verification:
a. All W-2 forms from a mini um of the previous four ears ` t 1
P y (purchase).
b. Wage stubs (if W-2's are not available).
C. Employer(s) name, address, telephone and dates of employment.
d. Housing Office Employment Verification Form [signed by employer(s)].
e. Evidence of legal residency.
f. Landlord verification of residency, specific dates.
g. Valid Pitkin County Driver License.
h. Valid Pitldn County Voter Registration.
i. Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
k. Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy of the loan application from the lender.
If the above information is not available, the applicant must provide other documentation as
requested by the housing Office.
Note: Applicants for Affordable Housing will verify oil the application that all information
provided Is true and accurate. If any of the information is determined to be Inaccurate or
non -verifiable, the applicant may be subject to disqualification by the housing Office from
tine application and/or approval process.
Aspen/Pltkln County Houslnp Guldellnes
Pape 13 of 53
SECTION 3
QUALIFICATIONS FOR THE PURCHASE OF
RESIDENT OCCUPIED UNITS
Purchasers of Resident Occupied affordable housing must meet all of the criteria as staled below:
Income Verification
a. Copies of the past two years complete Federal income tax returns, with W2's attached.
b. Current income and financial statement verified by the applicant to be true and correct.
If there is a variance of more than or less than 20% between current income and income
reported on the previous year's tax returns, the incomes will be averaged. This will
establish the income category. t
C. Social Security records, or W2's for all the years worked in Pitkin County.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
2. Employment Verification:
a. All W-2 forms from a minimum of the previous four years (purchase).
b. Wage stubs (if W-2's are not available).
C. Employer(s) name, address, telephone and dates of employment.
d. Housing Office Employment Verification Form (signed by employer(s)].
t e. Evidence of legal residency.
f. Landlord verification of residency, specific dates!' 4
g. Valid Pitkin County Driver License.
h. Valid Pitkin County Voter Registration.
i. Verification of telephone service in Pitkin County.
j. Divorce Decree or Separation Agreement including alimony and child support. A copy
must indicate that it has been entered in the record with all exhibits and supplements
attached.
k. Applicants desiring to purchase a unit will be required to sign a release in order for the
Housing Office to obtain a copy of the loan application from the lender.
If the above information is not available, the applicant must provide other documentation as
requested by the Housing Office.
3. Additional Requirements:
a. Gross income and net assets are limited. The amount allowed is that which permits a
household to qualify for a $621,100 purchase as follows: i) when all net assets are to be
counted as a down payment, and ii) 28% of gross income is available to finance the
remainder of the purchase price at an 8% interest rate amortized over 30 years.
Aspen/PiWn County Housing Guidelines
Page 14 of 53
PO
b. See the deed restriction for the specific RO unit for any other additional restrictions
and/or conditions.
4. Resale of RO Units: The owners of an RO unit must list the unit through the Housing Office,
unless the specific deed restriction states otherwise. A- the time of the listing, the Owner will
pay to the Housing Office a 1% sales fee. The unit will go through the normal selling process,
with a lottery held at the end of the two -week bid period. At the time of closing, the Owner will
pay an additional 1 % sales fee, for a total of a 2% sales fee.
SECTION 4
MAINTAINING ELIGIBILITY FOR OWNERSHIP
OF AFFORDABLE HOUSING
There is not a requalification requirement to meet Income, Asset and Minimum Occupancy for persons
who have purchased and own an affordable housing unit. The individual must remain a qualified
employee or retiree and continue to occupy the unit as their primary residence as defined in these
Guidelines, and as they are amended from time to time. It shall be a requirement for an owner to provide
documentation of working in Pitkin County every two years. However, APCHA will require all owners
to complete and sign a Requalification Affidavit on a yearly basis on units located outside the City (this
]s a requirement that was adopted by the County and is currently being readdressed in the City).
,.1
r SECTION 5
ENFORCEMENT OF OWNERSHIP UNITS
1. All qualification items under Part III, Section 1, 1-5 shall apply to continue ownership.
2. Roommates are permitted under the Guidelines. All residents must be qualified through the
Housing Office prior to occupancy.
3. The Housing Office will be doing a random audit on all the ownership units as to employment
and owning other property within the Roaring Fork Valley. This is to ensure that all owners
continue to meet the requirements of the Guidelines.
Housine Office Responsibilities:
a. The Housing Office shall endeavor to requalify each Owner within the next two years.
b. The Housing Office shall randomly pick the owners, over this two-year period of time, to
provide documentation to the Housing Office showing employment history and that they
do notpwn other property within the Roaring Fork Valley.
c. The Housing Office shall mail a letter and a form to be completed by the Owner
requesting employment information and income tua returns.
d. There will be a $15 fee for this requalification.
e. Once the documentation has been received, the Housing Office will review each file fat
compliance.
Aspen/Pllkln Crnmty Housing Guldelines
Page 15 of 53
a�
C. Should the Owner be out of compliance, a second letter will be sent to the Owner
requesting that [lie Owner list their unit as stated in their Deed Restriction.
g. Should the Owner contest the deed restriction, if the Court finds for [lie Housing
Authority, all legal fees will be paid by said Owner.
Owner's Responsibilities:
a. Once the Owner receides the letter and hH'ms Iron) the [lousing Office, the Owner will
provide to the [lousing Office by the deadline date slated in the letter the completed form
and a copy of their most recent income lax return.
b. If the Owner does not submit the information or contacted the Housing Office in the time
allotted, the appreciation for their unit will be suspended. Should the Owner be found out
of compliance, the Owner will list the unit with the Housing Office as stated in their deed
restriction.
c. There are life circumstances that may be beyond the control of the Owner. The Owner has
the opportunity to request a Special Review. Some examples include, but are not limited
to, a death or illness in the family, an accident requiring the inability for the owner to
work, a single parent who is unable to work full-time, etc.
SECTION 6
PRIORITIES FOR PERSONS BIDDING TO PURCHASE
AN AFFORDABLE HOUSING UNIT
The Housing Office operates a lottery for the sale of affordable housing properties. Priorities for the lottery
bid process are hs stated below. The qualified person(s) submitting the highest bid price, which does not
exceed the maximum bid price, during the bid period shall have the first right to negotiate the purchase of
the unit. If two or more qualified bids are submitted at the highest bid price, they shall receive preference
and be prioritized for selection as the top bidder in the following order:
A. Persons with a present ownership interest Joint or Tenants In Common, in the affordable housing unit.
B. Person(s) chosen by the remaining owner(s) to purchase the interest of another owner. ANY
FRACTIONAL SALES MUST BE APPROVED BY SPECIAL REVIEW IF NOT UNDER A
COURT ORDER DUE TO DISSOLUTION PROCEDURES.
C. Qualified spouses and/or children of current owners, including joint custody of the children, and/or
qualified parent(s) meeting minimum occupancy. A transfer between siblings is permitted; however,
any person who is gaining ownership by a transfer between a family member (as defined in these
Guidelines) must qualify fully under that specific category. For example, if the unit is a Category 3
unit, the sibling must qualify as a fully qualified Category 3 person with a work history of at least the
last four years. (Transfer within immediate family to a qualified buyer requires a S100 fee, and must
be approved by the Housing Ofice prior to the transfer.)
D. Persons living in and owning another unit within the complex who meet minimum occupancy
standards. A person must have owned his in -complex unit for at least one year prior to receiving the
Aspen/Pltkin County Housing Guidelines
Page 16 of 53
in -complex priority. If there are more than one in -complex bids meeting minimum occupancy', a
lottery will be held by giving the number of chances as stipulated below. On an in -complex move, a
unit must open up to bid to other qualified persons before receiving the in -complex priority. For new
projects, the in -complex priorities will apply only after completion of all affordable housing phases of
the project.
E. Persons with four or more consecutive years of employment in Pitkin County immediately prior to
application for purchase:
1. With minimum occupancy and one or more dependents for units with three or more bedrooms,
dependents must reside in the unit a minimuml80 days out of any 12-month period.
2. With minimum occupancy
Each household in the top priority will receive the following number of chances:
Working in Pitkin County greater than 4 years, less than 8 years 5 chances
Working in Pitkin County greater than 8 years, less than 12 years 6 chances
Working in Pitkin County greater than 12 years, less than 16 years 7 chances
Working in Pitkin County greater than 16 years, less than 20 years 8 chances
Working in Piticin County greater than 20 years 9 chances
F. Persons with one to four consecutive years of employment in Pitldn County immediately prior to
application for purchase (each individual will receive one chance in a separate ldWery only if there
is no one bidding who has been working in Pitkin County four years or more):
1. With minimum occupancy and one or more dependents for units with three or more bedrooms
(dependents must reside in the unit greater than 180 days out of any 12-month period).
2. With minimum occupancy
G. Persons with less than one consecutive year of employment in Pitkin County immediately prior to
application for purchase (each individual will receive one chance in a separate lottery only if there
is no one bidding who has been working in Pitkin County four years or more):
1. With minimum occupancy and one or more dependents for units with three or more bedrooms
(dependents must reside in the unit greater than 180 days out of any 12-month period).
2. With minimum occupancy t
H. Persons with four or more consecutive years of employment in Pitkin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
minimum occupancy.
]. Persons with one to four consecutive years of employment in Pitkin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
minimum occupancy.
Minimum ocntpnnrr (see Deftnilia,W as used bereia a one person (with an mmership mans vl) per bedmon, andle, a dependern A DOM cleat u defined mul = be
cmmred,(ora bedroom as stipulated Parn.1', DePotitimo.
AspenlPlgdn Counl� Houslnp Guidelines Page 17 of 53
,93
Persons with less than one consecutive year of employment in Piticin County immediately prior to
application for purchase not meeting minimum occupancy, but which most closely approximates
minimum occupancy.
After prioritization, names of bidders with the highest bids of equal amounts and equal priority status shall
be placed in a lottery which will he held within a reasonable amount of time lullowing the deadline Ibr bids.
If the terms of the proposed purchase contract, other than maximum price, as initially presented to the
owner, are unacceptable to the owner, there shall he a mandatory negotiation period of three (3) business
days. During this period, the owner and potential buyer shall endeavor to reach an agreement regarding said
terms, including but not limited to the closing date and financing contingencies. If the owner and buyer
have not reached an agreement at the end of the negotiation period, the next bidder's offer will then be
presented to the owner for consideration. A new three -business day negotiating period will begin. All
follow-up qualified bids will be processed in a like fashion until the unit is sold or all bids are rejected. If
the owner rejects all bids, the unit shall be placed back on the market for new bids or withdrawn from sale.
The owner shall be subject to the provisions of Part V, Section 3, paragraph 1, regarding sales fees.
If a unit has been expanded to include another bedroom, minimum occupancy shall be based on the original
bedroom count (e.g., for a 1-bedroom unit expanded to a 2-bedroom unit, a single person household would
meet minimum occupancy, and the unit would be marketed as a one -bedroom unit).
EXCEPTIONS TO PRIORrMS SUBJECT TO (SPECIAL REVIEW):
Emergency wo*ers (see Definitions and the Emergency priority under Part II, Section 8,
Emergency Worker) meeting minimum occupancy may qualify for piacWrnt into the highest
lottery category (except paragraphs A, B, C and D, of Part III, Section 6). The employee may
compete with other applicants in that category (with a maximum of 5 chances) upon approval from
the Public Safety Council. In order to receive the emergency worker priority, the emergency
worker must have been in service to the community with that agency for a least one year. The
worker will be required to be in service to the agency as a qualification of ownership until they have
completed four years of service. If the worker leaves the emergency status position before that
time, they will be required to list their unit for sale to a qualified employee. (The option for Special
Review of circumstances for leaving is open to emergency workers.)
2. First priority for handicapped accessible units shall be given to disabled persons prioritized by
length of residency.
Persons removed from their residence in Aspen or Pitkin County due to conversion or
reconstruction of their residence by government action may receive higher priority upon Special
Review.
Aspen/Pitkin County Housing Guidelines
Page 15 of 53
gy
PART IV
LOTTERY PROCESS
Priority for purchasing via the Housing Lottery is given to those persons who have worked in Pitkin
County a minimum of four consecutive years. An initial lottery is held for persons who have priority
status. A subsequent lottery may be held if necessary. Any persons employed in Pitkin County and
meeting the above criteria are eligible to participate in the Housing Lottery, however, demand for
housing is so great that it is unlikely in the foreseeable future that a non priority lottery will need to be
held
1, The lottery is held the Monday after the listing period has ended, unless otherwise specified. Should there be
an in -complex bid, the lottery will not be held. If there are more than one in-house bids, a lottery will be held
for those in -complex households only. Should all in-house people decline the unit or not get financing, the
lottery will be held for the households who entered the lottery prior to the deadline.
2. All qualified households who have bid on that unit are entered into the lottery.
3. The names are printed out and verified prior to running the lottery to ensure that a household has not been
excluded. The names are verified by the bid sheets and by the receipts provided to each bidder. This list is
currently posted on the outside door of the Courthouse Plaza Building by 9:00 a.m., the day the lottery is held.
4. The lottery shall be ran on the date specified in the advertisement t
t
5. Once the lottery has been run, the list is printed out and the names are, again, verified to ensure that all
households were included in the lottery. If there is a problem, the problem is noted on the printout and
explained as to why the lottery has to be rerun. The lottery is then rerun with the correction(s) made.
6. The file of the lottery winner is pulled and reviewed for completion.
7. Once the winner's information is verified, the winner is notified by the APCHA and an appointment is
scheduled.
8. The lottery is then classified as "official" and the names posted on the bulletin board in the Housing Office.
9. If the winner of the lottery does not proceed to contract the Housing Office and sign the contract within three
business days, the next in line is notified and so on, until the unit is under contract for purchase.
NOTE: The APCHA has the right to disqualify a potential winner if the winner's qualification
Information cannot be verified, is incomplete, or inaccurate at the time of contract.
Aspen/Pitkln County Houship Guidelines Pape 19 of 53
/vn7�1
V
PART v
PROCEDURES FOR THE S.ALE
OVA CAIEGORY,4FFOW4BLE HOUSING UNIT
SECTION l
LISTING A UNIT WITH (TIE HOUSING OEhICE
4
I . An owner of an affordable housing unit desiring to sell should consult with the (lousing Office and
review the Deed Restriction covering the unit to determine the maximum sales price permitted
and other applicable provisions concerning a sale.
2. Unless otherwise provided in the Deed Restriction, the unit must be listed for sal"ith the Housing
Office and the Housing Office staff will administer the sale in accordance with the Guidelines in
effect at the time of listing.
There shall be a minimum listing period of three months before a unit's price can be readjusted.
Any termination in the listing may require the payment of administrative and advertising costs.
4. The APCHA acts as a Transaction Broker representing both Buyer and Seller. Questions will be
answered and help provided to any potential purchaser or seller EQUALLY in accordance with the
current Guidelines.
5. The APCHA is responsible for preparing all documents pertaining to the sale and purchase of
Category Units. If
Off
6. All purchasers and sellers are advised to consult legal counsel regarding examination of title and all
contracts, agreements and title documents. The retention of such counsel, licensed real estate
brokers, or such related services, shall be at purchasers or sellers own expense.
7. The fees paid to the Housing Office are to be paid regardless of any actions or services that the
purchaser or seller may undertake or acquire.
8. A seller in the process of purchasing a different unit may find it necessary to secure additional
financing should the property listed for sale not close prior to the closing date on the newly
purchased property.
9. An inspection form will be provided to the Seller at the time of listing. This will be reviewed with
the Sales Manager. It is required that the Seller shall provide the Buyer with a clean, working unit
upon delivery of deed. All holes in the walls will be filled, carpets steam cleaned, all damaged
windows will be repaired, all appliances will be in working order, and all plumbing in working
order. A final inspection of the unit shall be conducted by the Buyer on the day of closing. If the
unit is not left in satisfactory condition, at the sole discretion of the APCHA, monetary
compensation shall be held in escrow at closing from the Seller's proceeds until the repairs and/or
cleaning are completed. The repairs and/or cleaning shall be paid from this fund. Any monies left
over shall then be distributed to the Seller. The escrow amount shall be determined by the Housing
Office.
Aspen/Pltkin County Housing Guidelines Page 20 of 53
SECTION 2
ADVERTISING THE SALE: BID PERIODS
After a unit is listed for sale with the Housing Office, the Housing Office, at its expense, arranges to
advertise the unit for sale in the Wednesday daily papers. Upon listing, there is an initial two -week
bid period during which the unit is advertised with two open house dates for showing. The initial
two -week bid period ends on the Wednesday after the second week of advertisinb If there are no
bids received in the initial bid period, there will follow consecutive one -week bid periods, ending
Wednesday, until the unit is sold.
2. Prospective purchasers are encouraged to investigate sources of financing prior to submitting a bid
for affordable housing and can obtain names of lenders from the Housing Office sales department.
Sales staff are available to assist interested parties with the purchase procedure and to answer any
questions about the process.
If more than one bid is received during any bid period, bids are prioritized according to the
Guidelines. If more than one bid is in top priority, a lottery is held.
SECTION 3
FEES FOR LISTING AND SALES
10
1 • There are two fees involved in the listing and sale of a Deed Restricted Affordable Housing unit — a
Listing Fee and a Sales Fee. The Sales Fee is equal to two percent (2%) of the sale's price of the
property, unless otherwise specified in the Deed Restriction. Also, unless otherwise specified in the
Deed Restriction, the Housing Office will collect a half of the total fee (the Listing Fee) at the time
of the listing. If a sale is completed by the Housing Office, the Listing Fee is considered part of the
overall Sales Fee and will be applied to the total Sales Fee payable at closing. The Housing Office
may instruct the title company to pay said fees to the Housing Office out of the funds held for the
Seller at the closing. In the event that the Seller: a) fails to perform under the listing contract, b)
rejects all offers at maximum price in cash or cash -equivalent terms, or c) withdraws the listing
after advertising has commenced, that portion of the Listing Fee will not be refunded. In the event
that the Seller withdraws for failure of any bids to be received at maximum price or with acceptable
terms, the advertising and administrative costs incurred by the Housing Office shall be deducted
from the fee. The balance will be credited to the Seller's sales fee when the property is sold.
2. Unless otherwise specified in the Deed Restriction covering the unit, a fee equally a quarter percent
('/4%) of the total amount of the loan amount shall be charged by the Housing Office only when
Fannie Mao --type financing provisions are used. Fannie Mae -type financing shall be at the sole
discretion of the Housing Office. This fee shall be paid by the borrower (the buyer) and is based on
the amount of the mortgage. Tlie fee shall be paid for each mortgage transaction and Shull be
deposited in the Housing Office Mortgage Reserve Fund Account.
If the fee was not paid on the initial purchase of the unit using the FNMA -type financing provisions
(Fairway III, Twin Ridge, Williams Woods projects), the fee is then payable by the Owner at the
time the unit is sold or refinanced. The buyer of said unit shall also pay the fee based on the
Aspen/Pltkin County Houshig Guidelines Page 21 of 53
amount of the mortgage as set forth above. If the Ice has been paid on a unit and the unit is
refinanced, the fee shall only apply to the amount of refinanced mortgage which is greater than the
initial mortgage upon which the fee was initially collected.
FNMA -type financing provisions are those which provide, among other things, for the removal of
the Deed Restriction on the unit upon foreclosure of the mortgage, provided that the Housing
Office, City or County do not exercise the option to purchase the unit within a time specified at the
time of foreclosure. The amount and adcqua4 of the fee and Mortgage Reserve Fund shall be
reviewed annually as part of the housing Guidelines review.
SECTION 4
DEED RESTRICTION
r
The purchaser must execute, in a form satisfactory to the Housing Office and for recording with the Pitkin
County Clerk concurrent with the closing of the sale, a document acknowledging the purchaser's agreement
to be bound by the recorded Deed Restriction covering the sale unit. This form is either a Memorandum of
Acceptance that relates to a Master Deed Restriction, or an Occupancy and Resale Agreement. The form is
provided for signature by the purchaser at the time of closing, and will be recorded along with the other
documents that are required to be recorded.
SECTION 5
CO -OWNERSHIP AND CO -SIGNATURE
1. Any co -ownership interest other than Joint Tenancy or Tenancy -hi -Common must be approved by
the Housing Office. t
r;r
2. Co-signers (persons providing security or assuming partial responsibility for the loan) may be
approved for ownership of the unit but shall not occupy the unit unless qualified by the Housing
Office,
SECTION 6
SALE OR RESALE OF RESIDENT OCCUPIED UNITS
1. The initial Sales Price of Resident Occupied Units shall not exceed $465,800 for a three- or four -
bedroom unit. The $465,800 shall include the cost of the lot and the construction of the unit. The
developer has the option to request a Special Review to increase this maximum price. The
developer must provide documentation that a higher price is needed to do the project or the project
provides an exceptional community benefit.
2. If a vacant lot is purchased for development, an initial Certificate of Occupancy must be obtained
within three years of the sale of the lot.
3. The Housing Office shall qualify prospective purchasers (under Housing Office qualifications).
Any resales of RO units shall be listed with the Housing Office and will be marketed through the
same process as the category units, unless specified differently in that projects specific deed
restriction. This will guarantee that the maximum sales price is being adhered to in all aspects of
Aspen/Pltkin County Housing Guidelines
Page 22 of 53
the housing program. The Seller will be required to pay a Listing Fee of 1% of the total sale's
Price in addition to the 1% Sales Fee, for a total of 2% of the overall sale's price. Mobile home
Parks with no sales price limits are exempt from this section, except that at the time of closing, a 1 %
fee of the sales price will be paid by the seller into the housing program.
4. The maximum resale price shall be calculated as follows (unless specified differently in a recorded
deed restriction):
• the initial sale price of the RO lot or unit, plus 3% or the Consumer Price Index (CPI) whichever is
less, appreciation on that amount, subject to the requirements below; PLUS
• the actual cost to construct a unit on a lot, plus 3% or CPI, whichever is less, appreciation on that
amount from the time of Certificate of Occupancy (CO), subject to the requirements below; PLUS
• any additional cost to expand the unit to the maximum 2,200 square feet, plus 3% or CPI, whichever
is less, appreciation on that amount, from the time of CO for that addition, subject to the requirements
section stated below; PLUS
• the actual cost of permitted capital improvements stated in an exhibit attached to the deed restriction,
not to exceed 10% of the initial sales price of the completed unit, or the expanded unit.
5. Existing mobile home park(s) converted to the RO category will not have an appreciation cap on the
trailer and/or lot if the unit owners are qualified Pitkin County residents as defined by the
Guidelines. The Housing Office shall retain the right of first refusal on any resale.
SECTION 7 '''
SALE OF SINGLE FAMILY LOTS
The City or County will receive sales proceeds from single-family lots when the land is being provided as
mitigation of affordable housing impacts for a development or growth.
The property owner or developer will receive sales proceeds from single-family lots when the land is not
being provided as mitigation of affordable housing impacts for a development or growth.
SECTION 8
LEAVE OF ABSENCE FOR OWNERS OF
AFFORDABLE HOUSING UNJTS
An owner of an affordable housing unit must reside in their unit at least nine months out of the year and
work at least 1500 hours per calendar year. There are instances in someone's life where they must leave
Pitkin County for a limited period of time and desire to rent their unit during their absence. In those
instances, a Leave of Absence may be granted by the Housing Office for one year. The homeowner must
provide clear and convincing evidence, which shows a bona fide reason for leaving and a commitment to
return to the Aspen/Pitkin area.
Leave of Absence Request Procedure
A Leave of Absence Request form must be completed and returned to the Housing Office at least
30 days prior to leaving. This form must he obtained from the Housing Office.
AspenlPllldn County Housing Guidelines
Page 23 of 53
2. Notice of such intent to rent and the ability to comment shall be provided to any applicable
homeowners' association at the time of request for their input and recommendation.
Terms and Cmulitions:
The leave of absence shall be for one year and may, at the discretion or the Housing Office, be
extended for one more year.
2. "fhe unit may be rented in accordance with Part 11, Section 5, during said one or two year period so
long as the Deed Restriction covering the unit permits the rental. A summer Leave of Absence may
be granted and units rented under provisions of Part Q, Section 5.
3. In the event that the rental rate is not set forth in the Deed Restriction, the rent shall be established
at the greater of owner's cost or the rent established in accordance with the Guidelines for units at
the appropriate income category (see Table IV).
4. Owner's cost as used herein includes the monthly mortgage principal and interest payment,
condominium fees, utilities remaining in owner's name, taxes (if not part of the mortgage payment)
and insurance prorated on a monthly basis, plus $50 per month.
5. Prior to the Housing Office's qualification of tenant, said tenant shall acknowledge as part of the
lease that said tenant has received, read and understands the homeowners' association covenants,
rules and regulations for the unit and shall abide by them. Enforcement of said covenants, rules and
regulations shall be the responsibility of the homeowners' association.
4tf ! !
6. A copy of the executed lease shall be famished by the owner or tenant to the Housing Office and
homeowners' association.
7. Should the homeowners' association recommend denial of the owner's request for a leave, the
Housing Office will conduct a Special Review with the owner and homeowners' association
representative(s) present.
8. Bona fide reasons for a leave of absence shall be limited to: an illness or death in the family,
educational purposes, job enhancement, travel, exploring relocation options. Should the owner be
denied the Leave of Absence, the owner may request a Special Review.
9. A short-term rental may be permitted, with the consent of the Housing Office and the Homeowners'
Association, to faculty or employees of a non-profit group and who shall be qualified without
meeting income and assets only for a short-term rental (three months or less).
SECTION 9
ROOMMATES IN SALES UNITS
Owners are allowed to have roommates, however, there are certain conditions that must be followed when
renting a room.
Aspen/Pitkin County Housing Guidelines Page 24 of 53
30
Terms and Conditions:
Roommates are permitted as long as the individual is a qualified employee, or falls under the non-
profit group requirement.
2. A roommate must be given a lease.
3. Copies of all leases must be filed with the Housing Office.
4. The maximum rental rate for the room shall not exceed the maximum rental rate permitted under
Section 8 above, for said unit pro rated on a per bedroom basis. One roommate in atwo-bedroom
unit shall pay a maximum rent of one (1/2) of the costs; one roommate in a three -bedroom household shall pay a maximum rent of one-third (1/3) of the total costs.
5. An owner may rent a unit or room to a qualified employee if it is permissible under the Deed
Restriction and or covenants of the Homeowner's Association covering the unit. The owner must
continue to reside in the unit as a sole and exclusive place of residence. The employee must meet
the income guidelines for the specific unit, and all other aspects of being a qualified employee,
unless the roommate is a to ed by a non- rofit organization.
The owner shall be deemed to have ceased to use the unit as his or her sole and exclusive place of residence
by accepting permanent employment outside of Pitldn CpWty, or residing in the unit fewer than nine (9)
months out of any twelve (12) months.
Aspen/Pitkln County Housing Guldelhies
Page 25 of 53
31
0 ` 0
PART PI
SPECIAL REVIEW
A Special Review for a variance trom the strict application of these Guidelines may be requested if an
unusual hardship can be shown, and the variance from the strict application of the Guidelines is consistent
with the Housing Program intent and policy. In order to request a Special Review, a letter must be
submitted to the Aspen/Pitkin County Housing Authority stating the regt+est, with documentation regarding
the unusual hardship. The applicant shall submit any additional information reasonably requested by
APCIIA and a Special Review meeting will be scheduled in a timely manner.
The Special Review Committee may grant the request, with or without conditions, if the approval will not
cause a substantial detriment to the public good and without substantially impairing the intent and purpose
of the Guidelines, and if an unusual hardship is shown.
Aspen/Pitkin County Housing Guidelines
Page 26 of 53
0,F
3 �-
PART M
INFORMATION FOR DEVELOPMENT OF
AFFORDABLE HOUSING
Private sector development is critical in order to meet our affordable housing goals. The Housing Office
Operations Manager will track affordable housing zone projects through the Planning and Building Permit
Process in order to aid in communication between the developer and government. This tracking system will
ensure that all affordable housing developments are treated as expeditiously as the City and County policies
intend.
Part VII of the Guidelines contains information to be used by developers of affordable housing units in the
City of Aspen and Pitkin County. This section applies to development applications for free-market
development, residential subdivisions, under the Multifamily Housing Replacement Program, Chapter
26.530, of the City of Aspen Land Use Code, and in calculating the dedication fee (payment -in -lieu fee) for
exempt single-family home and exempt duplex units, and for calculating mitigation requirements as
stipulated under the growth management quota system
Units developed by a private developer under the Affordable Housing Zone District will have the option to
choose a qualified employee(s) for one-third of the deed -restricted units being developed. The one-third
the general housing lottery.
chosen general
the developer must meet the minimum occupancy requirements. All other units will be placed in
1,0
SECTION 1
PRIORITIES FOR AFFORDABLE HOUSING UNITS
The Housing Board establishes the following equal priority unit types based on current needs
The private sector priorities for development should be as follows:
1. For -sale type units whereby the average sales price is no higher than Category 3 and the units consist
of one -bedroom and two bedroom units, with associated RO units
ii. Family -oriented sales units (Categories 3 and 4)
The public sector priorities for development should begs follows:
i. Entry-level rental units consisting of I -bedroom Categories l and 2
ii. For -sale units consisting of Categories 2 and 3 1-bedroom
iii. Family -oriented sales units consisting of Categories 3 and 4
The Housing Board has established the following options, in order of preference dependint on the site
location, available to obtain credit for providing deed -restricted affordable housing units under the City's or
County's Growth Management Quota System (mitigation units):
On -Site Housing — Affordable housing units located either on the same site as or attached to the
Proposed development.
Aspen/Pllkln County Flousing Guldellnes
Page 27 of 53
,�3
2. Otf-Site Housing - Affordable housing units located within the City of Aspen or the Aspen Metro
Area, as defined by the Aspen Area Community Plan and approved by the APCHA.
Cash -in -Lieu or Land -in -Lieu - Payment or an affordable housing dedication fee or a donation of
land. The preference of cash or land shall be determined on a case -by -case basis.
SECTION 2 0
AFFORDABLE HOUSING UNITS REQUIRED FOR MITIGATION
The following provisions shall apply to all affordable housing units required as mitigation for residential or
commercial development. All such affordable housing units must meet the size, type, income and
t occupancy requirements as contained in these Guidelines. Applicants are encouraged to schedule a pre -
application conference with the Aspen/Piddn County Housing Authority staff to obtain guidance regarding
the application of these Guidelines to specific development projects. The following applies to, and credit
shall be given for, only Category 1, 2, 3, 4 and Resident Occupied housing as defined in these Guidelines, as
amended from time to time.
1. Mitigation Credit: Credit under the Growth Management Quota system may be obtained by any of
the following methods or combination thereof:
a. Production of new dwelling units deed restricted in perpetuity to rental and sale price terms
as defined in these guidelines.
b. Conversion of existing dwelling units to doed restricted status by recording a deed
i r b restriction in perpetuity upon those units restricting them to the rental and sale price terms,
qualification and occupancy requirements of these guidelines (such units may not already
be deed restricted by APCHA guidelines).
C. Payment or Land -in -Lieu may be accepted on a case -by -case basis. Payment shall be made
to the City of Aspen for projects in the City, or Pitldn County, for projects in the County.
Such payment shall be made prior to and on a proportional basis to the issuance of any
building permits for the non -deed restricted dwelling units of the proposed development.
Applicants may choose to prepay the affordable housing dedication fee prior to issuance of
any building permits for the project and receive a discount on the fee, based on the present
value index included within these Guidelines. Approval of the present value discount shall
be at the option of the APCHA and the City Council or Board of County Commissioners,
depending on the location of the project.
d. Should a proposed development cause the displacement of housing units that are
currently deed restricted to employee housing guidelines, then the applicant shall only
receive credit for housing for the next number of employees to be housed by the
proposed development, reflecting the number to be housed in the new units minus those
housed in the existing units, rather than for housing the gross number of employees
housed in the new units.
Aspen/Pitkin County Housing Guidelines
Page 28 of 53
3Y
e. The deed restrictions created to obtain credit for affordable housing may be amended by
agreement between the property owner and the City Council upon the recommendation
of the Growth Management Commission.
2. Unit Location: Affordable housing units must meet the "Acceptance of Affordable Housing Units"
policies set forth in the Housing Board Policy Statements.
3. Unit Size: Affordable housing units must meet the minimum size requirements set forth in Part VII,
Section 8. Reductions in the minimum square footage shall be allowed based on the criteria
specified.
4. Unit Price: Rental or sales prices shall be no greater than allowable under these Guidelines (Tables
III and IV). Should a unit be proposed that is larger than the minimum sizes set forth in these
Guidelines, the rental or sales price shall be no greater than the prices specified.
5. Buy -Down of Existing Units: If the affordable units are proposed to be provided off -site through
the deed restriction of existing units, the applicant shall be required to document the feasibility of
this off -site location by demonstrating that they have an interest in the property or dwelling units
and by specifying the size and type of units to be provided and any physical upgrade to be
accomplished.
Mitigation Requirements for Lodge DevQWments: Lodge developments shall not be restricted to housing
employees of their own business, but shall also be required to house qualified employees of the commupity
at large. It should be anticipated that the housing units proposed will be required to be restricted to
Category 2 price and occupancy guidelines unless the housing unit is restricted to use by an owner or
manager. The category requirement is subject to review of the Aspm/Pitldn County Housing Authority
based on current community housing needs and wage rates.
SECTION 3
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS
IN RESIDENTIAL SUBDIVISIONS
A. At least 60% of the bedrooms in any residential subdivision approved under the City of Aspen's
growth management regulations sha5be in units restricted as affordable housing. The average rent
or sale price of the affordable housing units shall not exceed the Category 2 maximum amounts set
forth in these Guidelines, and as they are amended from time to time.
B. All units provided under this Section must meet one or more of the priorities stated above in
Section 1.
C. These requirements are not subject to any type of variance by Special Review.
D. No Resident Occupied (RO) units are permitted in the affordable housing component.
Aspen/Pilldn Counly Flousing Guidelines Page 29 of 53
3 5�
SECTION 4
REQUIREMENTS FOR AFFORDABLE HOUSING UNITS UNDER THE
MUL'rI-FAMILY HOUSING REPLACEMENT PROGRAM
A. The average price of affordable housing units required under Chapter 26.530 of the City of Aspen
Land Use Code, Multifamily Housing Replacement Program, shall not exceed Category 2
maximum rental or sales prices as set forth in these Guidelines, and as they aryl amended from time
to time.
B. All units provided under this Section must meet one or more of the priorities stated above in Section
t
C. k These requirements are not subject to any type of variance by Special Review.
D. No Resident Occupied (RO) units are permitted in the affordable housing component.
SECTION 5
REQUIREMENTS FOR THE AFFORDABLE HOUSING ZONE DISTRICT
The following requirements apply to affordable housing units in any Affordable Housing Zone District
project that includes free market units.
I
A. For affordable housing developments, the developer shall provide at least a 70"/u affordable
housing/30% free market component. In the affordable housing mix, at least 40% of the units must
be category units with an average price not to exceed the maximum price of Category 3. A mix of
Categories is preferred.
Thirty -percent (30%) of the affordable housing units may be classified as Resident Occupied.
However, only 30% of a project's bedrooms may be located within free market units. Category
housing and Resident Occupied units must comprise 70% of the bedroom mix. Projects may be
comprised of all category deed restricted or resident occupied units. In the event that no free market
development is proposed as part of the project, the limitation on Resident Occupied units and
bedroom nix shall not apply.
In order to be eligible for a reduction in the requirement to the level of 60% Affordable Housing
and 40% Free Market Housing, the project shall be required to demonstrate to the satisfaction of the
City Council that all of the following criteria have been met:
The quality of the proposed development substantially exceeds that established in the minimum
threshold for the scoring established in the GMQS Scoring section of the City of Aspen Municipal
Code;
The proposal maximizes affordability, consistent with housing needs established as priority through
these Guidelines;
The proposal integrates a mixture of economic levels and housing for a variety of lifestyles (e.g„
singles, seniors and families);
Aspen/Pitkin County Housing Guidelines Page 30 of 53
36
• The proposal romirn;zes impacts on infrastructure by incorporating innovative, energy -saving site
design, structural design characteristics or other techniques that minimize the use of water, heating
and sewage disposal;
• The proposal incorporates or integrates with an existing local based economy (i.e., sustainable local
businesses);
• The proposal accomplishes a level of design and site plan ingenuity that advances the community
goals expressed in the Aspen Area Community Plan;
• The proposed project represents an exceptional commitment to advancing the visions, goals and
specific actions items of the Aspen Area Community plan, particularly those addressed in the scoring
criteria under the Growth Management Quota System as stated in the City of Aspen Municipal Code;
and
• No RO units are included in the project; only category units are included in the project.
]3• In any mixed project that contains an affordable housing and a free market component, as a
condition of condominiumization or subdivision rights, voting rights and fees will need to be
determined and agreed to by the APCHA. The Declaration of Covenants must require one vote per
unit, and handling of the homeowners' association dues and the types of improvements the
affordable housing component will be responsible to pay. Homeowners' dues can be based on a
sliding scale based on the square footage of the unit, the number of bedrooms, the cost of the home,
or one fee across the board. This will be decided upon at the time of final approval for the
development and incorporated into the Declaration of Covenants. All projects that involve an
affordable housing component shall provide all documents to the Housing Office for review and
approval.
141
C. All units provided under this Section must meet one or more of the priorities stated above in
Section 1.
SECTION 6
DEDICATION FEE FOR EXEMPT SINGLE-FAMILY HOME
AND DUPLEX UNITS
See Part VII, Section 12, Affordable Housing Dedication Fee (Payment -in -Lieu Fee) under these
Guidelines.
t SECTION 7
RESIDENT OCCUPIED UNITS
This category was created to offer the private sector an incentive to produce affordable housing for the
community. RO units shall be occupied by persons and families st
alif uy
who qy as ated below. RO units
shall also be subject to their own deed restrictions recorded prior to the abl as st of the RO Guidelines
and are subject to their individual deed restrictions. This includes, but is not limited to, Smuggler Mobile
Home Park, Aspen Village, and the AA13C Rowhouses. Williams Ranch contains 10 "Category 5" units,
which limits gross income to $165,100 and net assets to $400,000.
Aspen/Pitldn Counly Housing Guidelines
Page 31 of 53
_57
RO units=hall meet the tollowing c feria:
A. Gross income and net assets shall not exceed an amount that permits a household to quality for a
$$621,100purchase under the following assumptions:
1. if all net assets to be counted as a down payment
2. if 28% of gross income is available to finance the remainder of the purchase price at an 8%
interest rate amortized over 30 years.
B. Initial Sales Price shall not exceed $465,800 for a three- or four -bedroom unit. 'The $465,800 shall
include the cost of the lot and the construction of the unit. The developer has the option to request a
e
Special Review to increase this maximum by providing documentation that a higher price is neded
to do f e project or the project provides an exceptional community benefit. An initial CO must be
obtained within three years of the sale of the lot.
C. Maximum Resale Pried —Appreciation — The maximum resale price shall be calculated as follows:
• The initial sale price of the RO lot or unit, plus 3% or CPI, whichever is less, appreciation on
that amount, subject to the requirements below; PLUS
• The actual cost to construct a unit or lot, plus 3% or CPI, whichever is less, appreciation on
that amount from the time of Certificate of Occupancy (CO), subject to the requirements
below; PLUS
• Any additional cost to expand the unit to the maximum 2,200 square feet, plus 3% or CPI,
whichever is less, appreciation on that amount, from the time of CO for that addition, subject
to the requirements section stated below; PLUS
• The actual cost of permitted capital improvements stated in an exhibit attached to the deed
restriction, not to exceed 10% of the initial sales price of the completed unit, or the expanded
unit.
For any existing mobile home park converted to the RO category, where the unit owners are
qualified Pitkin County residents as defined by the Guidelines, there will be no appreciation cap on
the trailer and/or lot and the Housing Office shall have the right of first refusal on any resale.
D. Unit Size: A maximum of 2,200 gross square feet. In addition, a maximum 500 square foot garage
and a maximum 800 square foot basement are permitted. If a larger garage or basement is
constructed, then all square footage over 500 or 800 square feet, respectively, will be considered as
a part of the 2,200 square feet of space allowed.
E. Emnlovment Requirement: Applicants must demonstrate that they are qualified employees and that
they have four years of consecutive full-time employment, as defined by the Guidelines, in Pitkin
County immediately prior to application. Individuals who are retired are required to demonstrate
that they were qualified employees based upon the definition in these Guidelines for five
consecutive years immediately prior to retirement.
Aspen/Pitkin County Housing Guidelines
Page 32 of 53
3 V
F. Primary Residence: A RO unit must be the owner's primary residence. Proof of residency,
including, but not limited to, voter registration, automobile registration, shall be required.
G. Income/E�: Applicants must demonstrate that their income/earnings are earned primarily in
Pitkin County (75%). Applicants must demonstrate that they pay Colorado Income Tax as a
Colorado resident.
H. The owner cannot own any other developed property in those portions of Eagle, Ga ield,
Gunnison, or Pitkin Counties which are part of the Roaring Fork River dra
sale, at competitive prices, the residential real estate or mobile horn age, or must list for
e prior to inin simultaneously with
closing on the RO unit.
Sales and Marketing: The APCHA shall market all RO units the same as the category units, unless
specifically specified in the respective deed restriction. See Part V, Section 6.
SECTION 8
NET MINIMUM LIVABLE SQUARE FOOTAGE FOR
NEWLY DEED RESTRICTED AFFORDABLE HOUSING UNITS
Table II sets forth the allowable Minimum Net Livable Square Feet (see Definitions) for each unit type and
category. Developers may choose to construct larger units; however, allowable rent and sale prices for such
larger units may not excey, filre maximum set forth in Tables III and W.
PLEASE NOTE: Subject to approval by the Housing Office, the minimum net livable square
requirements may be reduced It must be demonstrated that the development satisfies, or is required t t
adjust�Oto other physical factors or considerations including, but not limited to, design for livability,
commn storage, other amenities, location or site designs.
TABLE H
MPMUUM NET LIVABLE SQUARE FEET
FOR EACH UNIT TYPE AND INCOME CATEGORY
_ Unit Tvoe
Studio
1 Bedroom
2 Bedroom
3 Bedroom
Single -Family Detached
Categories 1 & 2
Square Feet
400
600
850
1,000
1,100
Categories 3 & 4
Square Feet
500
700
950
1,200
1,400
Net Livable Square Footage (see Definitions) calculations are required for the affordable housing
component of a project. The Community Development Department prior to issuance of any building
permits for either the free market or affordable housing component of the project must verify square
footage. The Community Development Department shall retain a set of approved building permit drawings
for the project. The Community Development Department or Housing Office may check the actual
construction of the affordable housing units for compliance with the approved building permit plans.
Aspen/Pllldn County Housing Guldelhes
Page 33 of 53
3i
fhe conditions under which reductions may be made are stated below. However, no reduction greater than
20'% of the category minimum will be allowed.
• Sipificant storage -- additional storage outside the unit;
• Above average natural light - more windows than the Code requires;
• Efficient and flexible layout - limit to space used for halls and staircases;
• Site amenities - pool, near to park or open space, etc.;
• Location within the project - above ground versus ground level or below ground;
• If the applicant can achieve higher density of deed restricted units with this variance.
Square footage adjustments will be subject to APCHA approval. A written analysis and recommendation
will be completed durigg the Development Review Committee referral. Staff comments will be used in
developing the project's approval ordinance. Applicants will be allowed to appeal decisions to the Housing
Board, followed by City Council or the BOCC.
SECTION 9
MAXIMUM SALES PRICES FOR NEWLY DEED RESTRICTED
AFFORDABLE LOTS AND HOUSING UNITS
Table III sets forth the maximum sales price for newly deed restricted affordable housing units and
affordable lots to the initial purchaser. The maximum resale price of a unit shall be controlled by the Deed
Restriction covering the unit executed by the initial purchaser upon closing of the initial purchase.
TABLE III - MAXIMUM UNIT SALES PRICES - CITY OF ASPEN ONLY
Rk
Unit Type
Category 1
Category 2
Category 3
Category 4
Studio
$31,400
$71,200
$118,000
$199,900
1 Bedroom
$39,300
$84,600
$135,800
$222,000
2 Bedroom
$47,300
$104,700
$160,500
$246,800
3 Bedroom
$54,800
$128,600
$185,200
$271,500
SF Detached
$67,000
$152,400
$209,900
$296,200
SF Lot
($73,400)
($22,400)
$ 1
$30,500
TABLE III - MAXIMUM UNIT SALES PRICES IN PITKIN COUNTY
Unit Type
Category 1
Category 2
Category 3
Category 4
Studio
$31,400
$71,200
$118,000
$199,900
1 Bedroom
$39,300
$84,600
$135,800
$222,000
2 Bedroom
$47,300
$92,800
$160,500
$246,800
3 Bedroom
$54,800
$116,600
$185,200
$271,500
SF Detached
$67,000
$140,500
$209,900
$296,200
SF Lot
($73,400)
($22,400)
$ 1
$30,500
Aspen/Pltkin County Housing Guidelines
Page 34 of 53
NOTES:
I. Single-family lots shall, be developed with homes of three bedrooms or larger and shall be prioritized
for lottery as set forth in Part II, Section 5 herein.
2. Category 2 single-family lots will require a $21,200 subsidy payment by the developer in addition to
the conveyance of the lot. Category 1 single-family lots will -squire a $69,700 subsidy payment by
the developer in addition to the conveyance of the lot. Lot prices include the cost of access and
utilities for the lot as set forth in Part III, Section 6 herein.
3. Sale units will be offered for sale through the Housing Office to all qualified persons under the
Procedures established by the Guidelines.
4. Persons employed by an owner/operator shall be given first priority to purchase affordable housing
units associated with a lodge, agricultural operation, or commercial development, when ownership has
been retained by the owner/operator of the development. Employees must meet the Housing Office's
Guidelines for occupancy, income and assets criteria in order to qualify to occupy the unit(s). In the
event there are no persons directly employed by the owner who qualify, the unit shall then be offered
to other qualified persons according to the Guidelines. (Affordable Housing [AH] Zone development
is exempt from this section.) All resales will go into the general lottery and be sold by the APCHA
per the deed restriction.
5. Newly deediMstricted affordable housing sales units must be in marketable condition. Properties must
comply with the Uniform Building Code and all rules, regulations, andcodes of all governmental
utilities and agencies having jurisdiction. Prior to sale, the unit must be inspected and approved by a
certified building inspector, architect or engineer approved by the APCHA. Cost of such inspections
shall be the responsibility of the applicant. The APCHA must approve the results of the inspection.
SECTION 10
MAXIMUM MONTHLY RENTAL RATES FOR NEWLY DEED RESTRICTED
AFFORDABLE HOUSING UNITS
Table IV sets forth the maximum monthly rental rates for newly deed restricted affordable housing units.
The rental rates apply and shall be in effect for a twelve (12) month period from the commencement date of
the initial lease. Thereafter, the maximum monthly rental rate may be increased only to the extent that the
Guidelines then in effIct permit.
TABLE W
MAXIMUM MONTHLY RENT
Unit Type Category 1 Category 2 Category 3 Category 4 RO
Studio $377 $668 y $998 $1,570 $1,570
1 Bedroom 463 785 1,114 1,699 1,699
2 Bedroom 550 901 1,231 1,816 1,816
3 Bedroom 638 1,010 1,350 1,934 1,934
SF Detached 726 1,137 1,465 1,992 1,992
Aspen/Pltkin County Housing Guidelines
Page 35 of 53
NOTES:
1. Units constructed prior to the effective date of these Guidelines shall charge rents that do not exceed
those set forth in Part Vpd, Table VII.
2. Rental rates shall apply whether the units are provided tumished or unfurnished.
3. Rental rates in Table IV include, and may not be increased to pay for, the cost of utilities in common
areas, condominium dues, management costs and taxes. In the event that utilities are commonly
metered, a charge to the tenant may be made in addition to the maximum rents in Table IV for the
tenant's share of such utilities attributable to the tenant's net living area. Tenants shall be responsible
for individually metered utilities.
4. Prior to occupancy of a Jeed restricted rental unit, the Housing Office must qualify the tenant. All
verification required under these Guidelines must be provided. The tenant must provide the
owner/landlord with proof of verification and qualification by the Housing Office prior to occupancy.
The owner shall be required to provide a copy of the lease agreement to the Housing Office for
approval. The Housing Office will approve or deny the agreement within five working days. Leases
shall meet occupancy standards and allowable rental rates, and shall be for a minimum term of six
consecutive months. Tenant shall provide an executed copy of the lease to the Housing Office prior to
occupancy.
5. Persons employed by an owner/operator shall be given fast priority to rent affordable housing units
associated with a lodge, agricultural operation, or commercial development, when ownership has been
retained by the owner/operator of the development. Employees must meet the Housing Office's
Guidelines for occupancy, Ti force and assets criteria in order to qualify to occupy the unit(s). In the
event there are no persons directly employed by the owner who qualify, the unit shall then be offered
to other qualified persons according to the Guidelines. (Affordable Housing [AH] Zone development
is exempt from this section.)
6. All newly deed restricted affordable housing rental units must comply with the Uniform Building
Code and with all rules, regulations and codes of all governmental bodies and agencies having
jurisdiction. The owner of affordable housing rental units, at its cost and expense, must keep and
maintain the interior and exterior of the total structure (including all residential units therein) and the
adjacent open areas in a safe and clean condition and in a state of good order and repair, reasonable
wear and tear and negligent or intentional damage by tenants excepted.
SECTION 11
REQUIREMENTS FOR DORMITORY/LODGE
(Seasonal Units)
Pursuant to the applicable City or County Land Use Codes, an applicant for a development may, under
certain conditions and subject to certain requirements, satisfy the affordable housing requirements by
provision of dormitory/lodge units designed for occupancy by seasonal employees. Acceptance of such
dormitory/ lodge units shall be at the sole discretion of the respective governing body at the
Aspen/Pitkin County Housing Guidelines
Page 36 of 53
recommendation of the Housing Office. The dormitory/lodge units must satisfy all requirements of the
applicable Guidelines and shall be required to meet the following minimum standards:
i
A. Occupancy of a dormitory unit shall be limited to no more than eight persons.
B. There shall be 150 or greater net livable square feet of living area per person, including sleeping and
bathroom. For purposes of this requirement, Net Livable square footage shall not include interior or
exterior hallways, parking, patios, decks, cooling, lounge used in common, laundry rooms,
mechanical areas, and storage. Rents for dornvtory/lodge units and units developed for seasonal
occupancy only pursuant to a plan approved by the Housing Office shall be calculated on the net
livable square footage as described above and computed at the rates set forth on a case -by -case basis.
C. Notes 3, 4, 5 and 6 under Table IV, Part V11, Section 10, apply to Dormitory/Lodge units.
D. At least one bathroom shall be provided for shared use by no more than four persons, containing at
least one water closet, one lavatory, one bathtub with a shower, and a total area of at least 60 net
livable square feet.
E. A kitchen facility or access to a common kitchen or common eating facility shall be provided subject
to the Housing Office's approval and determination that the facilities are adequate in size to service the
number of persons using the facility.
F. Usd df 20 net leasable square feet per person of enclosed storage area located within, or adjacent to,
the unit. Y
G. A manager's or assistant manager's rent shall be calculated based on the income category of the
respective manager.
H. Rents for dormitory units will be set by Special Review on a case -by -base basis, given the unique and
varying characteristics of dormitory units, with affordability as the key issue.
SECTION 12
AFFORDABLE HOUSING DEDICATION FEE
(Payment -In -Lieu Fee)
A. Pursuant to the applicable City or County Land Use Codes, an applicant for a development may,
under certain conditions and subject to certain requirements, satisfy the affordable housing
requirement by payment of an affordable housing dedication fee (payment -in -lieu fee). The number
of employees (affordable housing residents) required to be housed is determined by the Employee
Generation schedules contained in the applicable City and County Codes, or included herein. The
time of payment of the fee is prior to the issuance of a building permit. Acceptance of the payment -
in -lieu fee shall be at the sole discretion of the respective governing body at the recommendation of
the Housing Office,
Aspen/Pltkin County Housing Guidelines Page 37 of 53
y3
13. All County fees shall be paid to the Pitkin County Finance Director and all City fees shall be paid to
the City Finance Director. A receipt shall be issued by the Finance Directors to the applicant for
submission to the Community Development Director as verification of payment, with a copy of the
receipt supplied by the developer to the APCHA prior to issuance of a building permit. The
number of employees generated will be dictated by the applicable City and County codes or herein.
The City and County Codes will prevail in any conflict between the Guidelines and the Codes. The
Employee Generation Table is included in the City Code for the specific zone districts.
C. Payment -In -Lieu Fee: Category 1 $225 493
Category 2 $188,664
Category 3 $178,013
Category 4 $111,124
The fee required for the construction of an exempt single-family home or duplex unit .shall
be calculated as follows:
Average of the Category 2 and Category 3 payment -in -lieu fee as stated in the Table above,
divided by 3,000 square feet X the next increase in FAR of the new structure will equal the
payment -in -lieu payment for replacement structures The formula assumes that for every
3,000 square feet of new single-family or duplex floor area, the public wig he required to
provide housing jar one moderate income ernplayee. Currently, that amount is $178,013 +
$188,664 +2 +3,000 = $61.11 per square foot of new structure.
D. Deferral of the Affordable Housing Lrrwact Fee: If the owner of a single-family or duplex unit for
which an affordable housing impact fee is due is a qualified working resident, as that term is
defined in the Guidelines, the obligation to pay the impact fee may be deferred, at the owper's
request, until such time as the{ dwelling unit is sold to a buyer who is not a qualified working
resident. Furthermore, the amount of the impact fee which was deferred shall be recalculated at the
time of sale based on the Guidelines in effect at the time of sale. The obligation for the fee and the
procedures for calculating the fee shall be set forth in a written document, signed by the owner or
owners of the subject dwelling unit, approved by an APCHA representative and the Community
Development Department Director, and recorded in the records of the Pitkin County Clerk and
Recorder prior to the issuance of a Certificate of Occupancy.
E. For the purposes of calculating payment -in -lieu fee, the following occupancy standards shall apply:
TABLE V
OCCUPANCY STANDARDS BY UNIT TYPE
UNIT TYPE
OCCUPANCY
Dormitory/Lodge 1.00 employee/150 sq. ft.
Studio 1.25 employees
One Bedroom 1.75 employees
Two Bedrooms 2.25 employees
Three Bedrooms 3.00 employees
For each bedrootin in excess of three, the occupancy standard increases by .5 employees.
Aspen/Pltkin County Housing Guidelines
Page 38 of 53
V
SECTION 13
" CONVEYANCE OF VACANT LOTS
Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under certain
conditions and subject to certain requirements, may satisfy the affordable housing requirement by the
conveyance of vacant lots. Acceptance of the lots shall be at the sole discretion of the respective governing
body upon recommendation of the Housing Office.
A. All lots must be fully developed and ready for construction, i.e., improved lots with water or well,
sewer or septic, roads, and telephone, electricity and gas (if available) in place to the property line.
A soils report, prepared by a qualified engineer and based upon test holes within the building
envelope of each lot, stipulating that the lot is suitable for construction of the intended dwelling
type without requiring unusual excavation, foundation work or accommodation of other unusual
conditions shall accompany the conveyance.
B. All lots shall be conveyed to the Housing Office concurrent with recordation of final plat for the
project.
C. At the time of conveyance, the developer shall establish an escrow account in an amount sufficient
to cover 125% of the estimated costs required to complete the improvement of the lots in
accordance with Item A above. Improvements as noted in Item A above, shall be completed within
one year from the date of conveyance of the property to oe Housing Office.
D. The Subdivision Improvements Agreement and the Protective Covenants shall incorporate the
conditions stated in A, B and C, directly above this paragraph.
SECTION 14
DEED RESTRICTING EXISTING DWELLING UNITS
certain conditions and subject to certain requirements,
A. Pursuant to the applicable City or County Land Use Codes, an applicant for a development, under
requirementmay satisfy the affordable housing
by deed restricting existing unrestricted housing to comply with the Guidelines.
Acceptance of existing units shall be at the sole discretion of the respective governing body upon
# recommendation of the APCHA.
B. If accepted by the City or County, existing units must be upgraded in accordance with the following
criteria, (unless a variance from these requirements is approved by the applicable governing body
upon the recommendation of the APCHA):
The interior walls of all units &ust be freshly painted.
2. The interior Appliances must be purchased within the last five years and be in good and
working condition.
3. Carpet must be less than five year old and be in good condition and repair, or be replaced.
Aspen/Pill;in County Housing Guidelines
Page 39 of 53
4. The exterior walls shall be freshly painted within one year of dedication.
5. A general level of upgrade to yards and landscaping shall be provided.
6. Windows, heating, plumbing, electrical systems, fixtures and equipment shall be in good
and working order.
7. The roof must have a remaining useful life of at least ten (10) years.
8. All units shall meet Uniform Building Code minimum standards, any applicable housing
code or, in the absence of an adequate code, the housing code acceptable to the APCHA.
9. All units shall be approved by the APCHA and verified by a qualified Building Inspector
accepted and approved by the APCHA.
10. Applicant shall bear the costs and expenses of any required upgrades to meet the above
standards as well as any structuml/engineering reports required by the APCHA to assess
the suitability for occupancy and compliance with the APCHA standards of the proposed
units.
SECTION 15
EXECUTION OF DEED RESTRICTIONS BY APPLICANTS
Deed Restrictions must be submitted by the applicant to the APCHA according to the following time
schedule:
A. Conditional Use Applications - Prior to issuance of any building permit for a project, the APCHA
shall have an approved, executed and recorded Deed Restriction for the required commitment by the
applicant.
B. Grpwth Management Plan Applications -Prior to issuance of any building permit for a project, the
APCHA shall have an approved executed and recorded Deed Restriction for the required
commitment by the applicant. A copy of the recorded Land Use Code and Resolution and Deed
Restriction shall be sent to the APCHA. prior to issuance of any Certificate of Occupancy, the Deed
Restriction shall be amended if necessary. The amendment shall reflect changes approved by the
APCHA and governing bodies that may have occurred during construction or conversion of the
origin returned
net livable square footage). The amendment will then be executed and recorded, with the
original returned to the APCHA.
C. Others - Prior to issuance of any building permit for a project, the APCHA shall have an approved,
executed and recorded Deed Restriction for the required commitment by the applicant. A copy of the
recorded Land Use Code Resolution and Deed Restriction shall be sent to the APCHA. Prior to
issuance of any Certificate of Occupancy, the Deed Restriction shall be amended, if necessary. The
amendment shall reflect changes approved by the Housing Office that may have occurred during
Aspen/Pitkin County Housing Guidelines Page 40 of 53
4/
04
construction or conversion of the unit(s) (i.e., net livable square footage). The amendment will then
be executed and recorded, with the original returned to the APCHA for their files.
SECTION 16
MAXIMUM VACANCY
Deed restricted rental units are required to be occupied. They may be vacant between tenancies for a
maximum period of forty-five (45) days, unless authorized by the APCHA. If the owner exceeds the forty-
five day limit without APCHA approval, then the APCHA will place a qualified employee from existing
wait lists with a minimum six (6) month lease.
Aspen/Plikln County Housing Guidelines
Page 41 of 53
PART f 71I
rY1.tVINIUMANNUAL RENT INCREASE FOR
EXISTING DEED RESTRICTED RENTAL UNITS
The maximum monthly rent for an existing affordable housing unit is calculated using the maximum
monthly rent permitted under the Guidelines in effect at the time the unit was first occupied. The rent is
increased each year by the maximum percentage permitted by the Guidelines.
Maximum rent increases allowed for existing units are as follows:
TABLE VI
PERMITTED INCREASE IN MAXIMUM RENT
FOR EXISTING AFFORDABLE HOUSING UNITS
Year Increase Year Increase Year Increase
1978-1982
0.0%
1990
3.0%
1996
.99%
1983
6.6%
1991
0.0%
1997
1.31%
1984
5.0%
1992
2.0%
1998
.73%
1985
3.3%
1993
1.2%
1999
.54%
1986-1988
0.0%
1994
1.0%
2000
1.08%
1989
4.7%
1995
1.1%
2001
1.40°/u
ot1
The proposed 1.4% increase is based on the percentage change in the Consumer Price Index (Urban Wage
Earners), November 1999 - November 2000. The index increased at the rate of 3.5% during this period.
Operating costs for rental housing, which are subject to the CPI increase, are assumed to be 40% of rental
income. The proposed rental increase of 1.4% is 40% of the CPI increase, which is sufficient to cover any
increase in operating costs.
Please contact the APCHA for the actual maximum rental rates available and the APCHA will assist any
applicant in determining their maximum permitted rent.
Aspen/Pitkin County Housing Guidelines
Page 42 of 53
V((
a +r
PART IX.
GRIEVANCE PROCEDURES
A grievance is any dispute that a tenant or purchaser (see Definitions) ma} have with the Housing Office
with respect to action or failure to act in accordance with the individual tenant's or purchaser's rights, duties,
welfare or status. A grievance may be presented to the Housing Office Boars' of Directors under the
following procedures.
I. FILING A GRIEVANCE
A. Any grievance must be presented in
writing to the Housing Office. It may be simply
stated, but shall specify: 1) the particular
ground(s) upon which it is based, 2) the action
requested, and 3) the name, address, telephone
number of the complainant and similar
information about his/her representative, if any.
B. Upon presentation of a written
grievance, a hearing before the Housing Office
Board of Directors shall be scheduled for the next
scheduled Board meeting. The matter may be
continued at the discretion of the Board. The
complainant shall be afforded a fair hearing
providing the basic safeguard of due process,
including notice and an opportunity to be heard in
a timely, reasonable manner.
C. The complainant and the Housing
Office shall have the opportunity to examine and,
before the hearing at the expense of the
complainant, to copy all documents, records and
regulations of the Housing Office that are
relevant to the hearing. Any document not made
available after written request may not be relied
upon at the hearing.
D. The complainant has the right to be
represented by counsel.
Aspen/Pilldn County Housing Guidelines
H- CONDUCT OF THE HEARING
A. If the complainant fails to appear at
the scheduled hearing, the Board may make a
determination to postpone the hearing or make a
determination based upon the written
documentation and the evidence submitted.
B. The hearing shall be conducted by the
Board as follows: Oral or documentary evidence
may be received without strict compliance with
the rules of evidence applicable to judicial
proceedings.
C. The right to cross-examine shall be at
the discretion of the Board and may be regulated
by the Board as it deems necessary for a fair
hearing.
D. Based on the records of proceedings,
the Board will provide a written decision and
include therein the reasons for its determination.
The decision of the Board shall be binding on the
Housing Office which shall take all actions
necessary to carry out the decision.
Page 43 of 53
Vq
PART X
DEFINITIONS
Accessory Dwelline Unit - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defined in these Guidelines.
Also see Aspen Lanq Use Code, Chapter 26.520.
Affordable housing - Dwelling units restricted
to the housing size and type for individuals
meeting asset, income and minimum occupancy
guidelines approved by the Aspen City Council,
Board of County Commissioners and/or the
Housing Office, whichever shall apply.
Affordable Housine Zone District - See Aspen
Land Use Code, Chapter 26.710.
Aspen/Pitkin County Housing Authority —
APCHA and/or Housing Office.
Assets - Anything owned by an individual which
has commercial or exchange value. Assets
consist of specific property or claims against
others, in contrast to obligations due others. See
alsp definition for Gross Assets and Net Assets.
Basement - As defined by the applicable City or
County Land Use Code.
Bedroom - Designed to be used for sleeping
purposes which may contain closets, may have
access to a bathroom and which meets applicable
City or County Uniform Building Code
requirements for light, ventilation, sanitation and
egress.
Buvdown Unit - Free-market which the
government (Aspen, Pitldn County, Housing
Office) acquired and deed restricted to affordable
housing.
Capital Improvements - Unless otherwise
defined in the Deed Restriction covering the
affordable housing unit, any fixture erected as a
permanent improvement to real property
excluding repair, replacement, and maintenance
costs.
Aspen/Pitkin County Housing Guidelines
Caretaker Dwelline Units - The unit must be a
totally private unit, with a private entrance, a full
bath and a kitchen as defined in these Guidelines.
Also see the County Land Use Code, Section 3-
150-130.
Category - Income limits, sales prices or
maximum rental rates as determined by the
APCHA according to household income and net
assets.
Consumer Price Index (CPI) - The Consumer
Price Index that is used for purposes of the
Guidelines and for purposes of the Deed
Restriction is the Consumer Price Index - U.S.
City Average and Regions, Urban Wage Earners
and Clerical Workers (CPI -FP), All Items
(1967=100). Updated information is received on
a monthly basis from the U.S. Department of
Labor, Bureau of Labor Statistics.
Co-signer - A joint signatory of a promissory
note who shall not occupy the unit unless
qualipi�.d by the APCHA.
Deed Restriction - A contract entered into
between the APCHA and the owner or purchaser
of real property identifying the conditions of
occupancy and resale.
Dependent - A minor child (18 years or younger)
or other relative of the renter or owner of an
affordable housing unit, which child or relative is
taken and listed as a dependent for federal income
tax purposes by such renter or owner or his or her
present or former spouse (said dependent must
also be related by blood or adoption). In the case
of divorced families with children, to obtain a
bedroom, each child shall be used once for
proving minimum occupancy. Should both
parents enter the same lottery, the top winner only
shall be allowed to purchase the unit; the other
parent shall be able to use the children to obtain
one additional bedroom only. The parent may
request a Special Review to purchase a unit that
has more than two bedrooms.
Page 44 of 53
_/v_
Disabled Person - A person who meets the
definition of "individual with a disability"
contained in documentation located in the
Housing Office and obtained by the State of
Colorado.
Dormitory - A structure or portion thereof under
single management that provides group sleeping
accommodations for occupants in one (1) or more
rooms for compensation. Standards for use,
occupancy, and design of such facilities shall be
approved by the APCHA. See Part III, Sec. 4.
Emergency Worker - An employee or volunteer
(on call 24 hours/day, 7 days a week for human,
life threatening emergencies) of a community
based organization that provides on -scene
assistance giving personal care to victims,
including, but not limited to the following: Fire
Department Workers, Mountain Rescue, Sheriffs
Deputies, Police Officers, Hospital Emergency
Room Technicians, Social Service Workers
(mental health and abuse case workers),
Ambulance Drivers, Emergency Medical
Technicians, Communications Dilpatchers
through the Sheriffs Office or Police Department,
etc. Emergency Service Department Head
approval is required, whereby the supervisor must
demonstrate the need of that agency to house
another Emergency Worker in the Aspen area by
requesting a formal approval with the Public
Safety Council Housing Subcommittee (see
Section 7, Rental Waitlist).
Emnlovee/Oualitied ResidentBuver - A person
who is employed on the basis of a minimum of
1,500 hours worked per calendar year in Pitkin
County, which averages 35 hours a week, 10
months a year; or 32 hours a week, 11 months a
Year, physically working in Pitkin County and
must reside in the unit a minimum of nine (9)
months out of the year. If self-employed, the
worker must provide verification of the work
done in Pitkin County. 4
Emnlover - A business whose business address is
located within Aspen or Pitkin County, whose
business employs employees (as defined herein)
within Pitkin County, and whose business taxes
are paid in Aspen or Pitkin County. If an
employer is not physically based in Pitkin
Aspen/Pitkin County Housing Guidelines
County, an employee must be able to verify that
they work in Pitkin County a minimum of 1500
hours per calendar year.
Emnlovee (Von -Profit) - A person who
works/performs for a non-profit organization.
Employees include artists, performers, musicians,
organizers, bookkeepers, etc., but excluding
construction workers. Non-profit organizations
include any certified non-profit organization
providing services to and located in Pitkin
County.
Emnlovee Dwelling Unit — This is a deed -
restricted unit that is required to be rented out.
Also see the Pitkin County Land Use Code,
Section 3-150-120.
Emnlovee Housin - See definition for
Affordable Housing.
Family — For purposes of transferring property
only, a family (or immediate family) is defined as
husband, wife, mother, father, brother, sistery:gon,
daughter, either biologically or by legal adoption.
Any transfer to a family member must fall under
this definition.
Family -Oriented Unit 'A dwelling unit attached
or detached, 3 bedrooms or more, with direct
ground floor access to a useable yard area.
Fannie Mae (FNMA) — Federal National
Mortgage Association, a quasi -governmental
agency that purchases mortgage loans in the
secondary loan market.
Fee SimPie Estate - The maximum possible
estate that one can possess in real property;
complete and absolute ownership of indefinite
duration, freely transferable, and inheritable.
Financial Statement - A statement detailing all
Personal assets, liabilities, and net worth (the
difference between assets and liabilities) as of a
specific date.
Page 45 of 53
31
Fixture - I) A tangible thing which previously
was personal property and which has been
attached to or installed on land or a structure
thereon in such a way as to become a part of the
real property; 2) Any non -portable lighting device
built in or attached securely to the structure; 3)
The permanent parts of a plumbing system and
fixtures.
Gross Assets - Anything which has tangible or
intangible value, including property of all kinds,
both real and personal; includes among other
things, patents and causes of action which belong
to any person, as well as any stock in a
corporation and any interest in the estate of a
decedent; also, the entire property of a person,
association, corporation, or estate that is
applicable or subject to the payment of debts.
Gross assets shall include funds or property held
in a living trust or any similar entity or interest,
where the person has management rights or the
ability to apply the assets to the payment of debts.
Gross assets shall not include, pension plans
Gross Income - The total income to include
alimony and child support derived from a
business, trust, employment and from income -
producing property, before deductions for
expenses, depreciation, taxes, and similar
allowances.
Household - All individuals who will be
occupying the unit regardless of legal status.
Household Net Assets - Combined net assets of
all individuals who will be occupying the unit
regardless of legal status.
Household Income - Combined gross income of
all individuals who will be occupying the unit
regardless of legal status. Adjustments to the
gross for business expenses can be made for
persons who are self-employed.
In -Complex (In House l Bid — Priority bid
granted to person(s) having lived in their unit in a
given complex for a minimum of one year. If a
new project is built in phases, the in -complex
priority does not go into effect until all affordable
housing phasing of the project is completed.
Aspen/Pitkin County Housing Guidelines
Joint Tenancv - Ownership of real estate
between two or more parties who have been
named in one conveyance as joint tenants. Upon
the death of one tenant, surviving joint tenant(s)
have the right of survivorship.
Kitchen - For Accessory Dwelling Units and
Caretaker Dwelling Units, a minimum of a two -
burner stove with oven, standard sink, and a
minimum 6-cubic foot refrigerator plus freezer.
Leasehold Interest - A less than fee simple
estate that a tenant possesses in real property.
Lottery - A drawing to select a winner from
equal applicants of highest priority.
Maximum Bid Price - Unless otherwise defined
in the Deed Restriction covering the unit, the
owner's purchase price multiplied by the
appreciation (as permitted by the Deed
Restriction) plus the present value of capital
improvement costs including labor, if profes-
sionally provided, and for which verification of
the expenditure is provided.
Minimum Occupancy -One person (with a
leasehold/owW#hip interest) per bedroom. A
minor child or dependent shall be granted equal
status as a person with leasehold/ownership
interest. In a two adult household, both adults
must be working in Piddra County in order to
qualify for an additional bedroom.
Mortgagee - A lender in a mortgage loan
transaction.
Mortgagor — A borrower in a mortgage loan
transaction.
Net Assets - Gross assets minus liabilities.
Retirement accounts will be reviewed on a case -
by -case basis to determine whether or not they
shall be included as a net asset.
Page 46 of 53
-L7��
Net Livable Souare Footage - Is calculated on
interior living area and is measured interior wall
to interior wall. including all interior partitions.
Also included, but not limited to, habitable
basements and interior storage areas, closets and
laundry area. Exclusions include, but are not
limited to, uninhabitable basements, mechanical
areas, exterior storage, stairwells, garages (either
attached or detached), patios, decks and porches.
On -Site / Off -Site — Location of deed restricted
property used for mitigation purposes: either next
to or attached to the development (on -site) or at a
separate location approved by the Housing Office
(off -site).
Preaualification — A borrower's tentative
mortgage approval from a lender.
Present Value - For the purposes of these
Guidelines and any Deed Restrictions containing
such terms, the present value shall be the cost or
price of any capital improvements as established
at the time of such improvement and shall be
neither appreciated nor depreciated from such
time.
Primary Residence - The sole and exclusive
place of residence. The owner or renter shall be
deemed to have ceased to use the unit as his/her
sole and exclusive place of residence by
accepting permanent employment outside of
Pitkin county, or residing in the unit fewer than
nine (9) months out of any twelve (12) months.
Purchaser - A person who is buying or has
purchased a deed restricted unit which is subject
to these Guidelines, and any qualifying potential
purchaser or past owner of any such deed
restricted unit, but only with respect to any issue
arising under these Guidelines.
Oualifled Resident - Person(s) meeting the
income, asset,# employment, and residency
requirements and property ownership limitations,
including retired and disabled persons, or
dependent(s) of any of these (as such terms are
defined herein) established by the APCHA.
Repualification - Requirements which renters/
tenants and owners of affordable housing must
meet bi-annually to ensure continued eligibility.
Resale Agreement - A contract entered into
between the Housing Office and the owner or
purchaser of real property identifying the
conditions of occupancy and resale (also
commonly referred to as a Deed Restriction).
Retirement Age - Should an owner or tenant of a
Teed -restricted unit retire before the age of 65,
that individual must sell the ownership or move
from the deed restricted rental unit. Such
individual may go through Special Review to ask
for a waiver to maintain ownership/occupancy of
his/her unit.
Roaring Fork River Drainage/Roaring Fork
Valley — The Roaring Fork River Drainage
and/or Roaring Fork Valley, as used herein,
includes the Roaring Fork River Valley and the
valleys with tributary streams or rivers, including
the Frying Pan River, the Crystal River,
Snowmass Creek, Capital Creek, Maroon Creek
and Castle Creek (definition adopted and
approved by the BOCC).
Seasonal Employee - A person working not less
than 35 hours per week during the Winter Season
(generally November through April) and/or
Summer Season (generally June through August).
Special Review Committee - A Special Review
Committee, as established from time to time by
the Housing Office, is composed of three or more
persons — one person from City staff, one person
from County staff, and a Housing Board tnember.
The Committee shall have the authority to review
special circumstances with respect to matters
specifically designated in the Guidelines that are
eligible for special review, including, but not
necessarily limited to, the priority system;
financial and asset limitations; verifications and
qualifications; self-employment financial
considerations; occupancy; admission; etc.
Storage Space - Space intended and common)),
utilized as location for preservation or later use or
disposal of items.
Aspen/Paldn County Housing Guidelines Page 47 of 53
'3
Tenancy In Common -- Co -ownership in which
individual holds an undivided interest in real
property as if he were sole owner.
Tenant - A person who is leasing or has leased a
deed restricted unit which is subject to these
Guidelines, and any qualifying potential lessee or
past lessee of any such deed restrictetd unit, but
only with respect to any issue arising under these
Guidelines.
Aspen/Pitkin County Housing Guidelines
Page 48 of 53 .
sY
APPENDIX A
MAXIMUMINCOMES BY CATEGORY
(as of October 2001)
Maximum rental incomes are different than maximum sales incomes. Due to the nature of the working
adult in Pitkin County and the wages that are required to maintain a consistent employee base, the APCHA
and Housing Board have recognized the need for a higher allowable income adjusted by the number of
adults and the bedroom mix. Maximum sales incomes are not attributed to the number of bedrooms, but
will remain the same per household, with an adjustment to dependents only.
If net assets exceed the Category 4 net asset limit for any household with a Category 1, 2 or 3 income, the
following method can be used to calculate income: Each $45,000 of excess assets over $225,000 (the
Category q asset limit) will be converted to $4,152 of income and added to the Gross Household Income.
This is the amount necessary to purchase $346 per month of mortgage at an 8.5% interest rate over 30 years.
Although this adjustment does not place a maximum cap on net assets, it creates greater equity between
income categories by causing assets to count more towards income.
MA)MM M GROSS INCOMES FOR RENTAL UNITS ONLY
No. Of Adults
Category 1
Category2
Category g ry 4, o
Category 4
One Adult
Two Adults
$26,400
$41,900
$68 100
$109,700
Three Adults
39,600
46,200
62,900
102,100
164,600
Net Assets not in
Excess of 150,000
73,490
175.000
119,100
?nn nnn
192,000
1�r ,.,.,.
MAXIMUM GROSS INCOMES FOR SALES/OWNERSMp UNITS ONLY
No, ofDenendenta
0 Dependents
1 Dependent
$26,400
$41,900
$00
2 Dependents
33,900
41,400
49,400
75 600
,,00
+
117,2700
3 or More Dependents
48,900
56,900
64,400
83,100
124,700
Net Assets Not in Excess of
150,000
175,000
90,600
200,000
225,000
,000
NOT& A household can qualify to purchase or rent a unit in a higher category
Each dependent adds $7,500 to each category, up to three dependents.
AspenlPitkin County Housing Guidelines
Page 4g of 53
a
PROJECT NAME
A -ABC Park Place
AABC Rowhouses
Alpine Cottages
Aspen Village MHP
Benedict Cortmtons
Billings Place
Castle Crk Valley Ranch
Centennial
Common Ground
East Hopkins
East Owl Creek
Fairway Three
Five Trees
Highland Villas
Highlands Village
Hunter Creek
Juan Street
Lacet (East Cooper)
Lone Pine
Marthinsson-Nostdahl
Midland Park
Oh -Be -Joyful
APPENDLY B
CHART OF PRINCIPAL OWNERSHIP PROJECTS
NUMBER OF UNITS
AND TYPE OF UNITS
16 Condominiums — 1-, 2- & 3-
bedroom units
12 Townhomes
10 Townhomes
150 Trailers/Own Land
27 Studios & 1-Bedrooms
7 Townhomes
4 Single -Family Homes
92 Condominiums
21 Townhomes (land lease)
4 Townhomes
4 Single -Family Homes
30 Townhomes
31 Single -Family Homes
16 Condominiums
67 Units
77 Condominiums
2 Duplexes; 2 SFH
14 To )rnes/SFH
28 Condominiums
10 Condominiums
37 Condomhdums
5- Single -Family Homes
AspenlPitkln County Housing Guidelines
MAXIMUM
INCOME CATEGORY
Category 1, 3 & RO
No Income Guidelines
Category 4 and RO
Resident Occupied
Category 2, 3 and 4
Category 2, 3 and 4
Category 4
Category 4
Category 2 and 3
Category 4
Category 4
Category 4
Category 3 and 4
Category 4
Category 1, 2, 3, 4
Category 4
Category 4
Category 3, 4 and RO
Category 4
Category 3 and 4
Category 4
Category 3
17
REQUIRED
RESIDENCY
Per Guidelines
See Covenants
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Per Guidelines
Page 50 of 53
0
6
APPENDIX B
CHART OF PRINCIPAL OWNERSHIP PROJECTS
(continued)
ECT NAME
NUMBER OF UNITS
AND TYPE OF UNITS
MAXIMUM
REQUIRED
INCOME CATEGORY
RESIDENCY
Parke Condo A-1
1-Bedroom
Category 2
15 Units
Per Guidelines
Enclave
M
6 Condominiums
Category 2, 3 & 4
Per Guidelines
Category 2 and 3
Per Guidelines
m
11 Units + Commercial S ceP
Category 2 and 3
azk S/D
87 Single -Family (ModulazNo
Income Requirements
per Guidelines
un MHP
17 Single -Family (Modular)
Cate o 48 ry
Per Guidelines
nyder
15 1- and 3-Bedroom
Category 2, 3 & 4
Per Guidelines
Condominums
Per Guidelines
Solms rkSCabins
6 Units consisting of
Lots 1, 2, 5, 7 & 9: Category 3
Single Family & Duplexes
Lot 8: Category 1
g ry
Per Guidelines
Twin Ridge +
12 Townhomes
Category 4
g
13 Single -Family Homes
Per Guidelines
Ute Park
7 Single -Family Homes
Category 4
Victorians at Bleeker
5 Condominiums
Category 4 and RO
Per Guidelines
West Hopkins
i l Townhomes
Per Guidelines
Williams Ranch
Category 2 and 3
Per Guidelines
35 Units consisting of Single-
Family Homes & Duplexes
Category 2, 3, 4, RO-5 and RO
Per Guidelines
Williams Woods
18 Townhomes
Category 2 and 3
Winfield Ames
1 Studio Condomnnumm
Category 2
Per Guidelines
W/J Ranch
63 Single -Family Homes
Category 4 and RO
Per Guidelines
Woody Creek MHP
54 Si
Single -Family (Mobile Homes
RO MHP Requirements
Per Guidelines
Per Covenants
1,007 Units
Aspen/Pitkin County Housing Guidelines
Page 51 of 53
APPENDLV C
CH-iRT nF PRIN('TPd/ j2vA/T,ir nnn rn,-
PROJECT NAME
AABC APARTMENTS
ALPINA HAUS
ASPEN COUNTRY INN
BELL MOUNTAIN LODGE
- Permanent
CASTLE RIDGE
CENTENNIAL
CITY PLAZA BLDG.
COPPER HORSE
CORTINA (Hotel Jerome)
DURANT (1035 EAST)
HIGHLANDS VILLAGE
NUMII I R OF UNITS
AND TYPE OF UNITS
7 Units
44 Units
40 Units
5 Units
8 Units
92 Units (184 beds)
80 Units
148 Units
4 Units
13 Units
16 Units
12 Units
19 Units & Doan Rms
M.AXIMUbI
INCOME CATEGORY
Category 3
N/A - Resident Occupied
Category 1 & 2
g n
Category 2
6 ry
Cate o 2Seasonal g ry
t
Category 3
Category 3
g ry
Category I
g rY
N/A - Resident Occupied
Category 1
g ry
Category 1 & 2
g '3'
Category 1 & 2
REQUIRED
RESIDENCY
Per Covenants
Per Ordinance
Per Guidelines
EPerGuidelines13URLINGAME
elines
Per Covenants
Per Guidelines
Per Resolution
Per Resolution
Per Resolution
Per Guidelines
Per Guidelines
HUNTER LONGHOUSE
i33 Units
Category 3
g
Per Guidelines
MAROLT RANCH- Pernanent
Seasonal
MAROON CREEK CLUB
4 Units
96 Units
42 Units
Category 3
Pitkin County Employee
Maroon Crk Club Priority
Per Guidelines
Per Guidelines
MILL. STREET STATION
7 Units
Category 3
Per Guidelines
MOUNTAIN OAKSMOSPITAL
PUPPYSMITH APARTMENTS
21 Units
18 Units
Hospital Priority
Resident Occupied ied
Per Hospital
Per Resolution
RIVER PARK
3 Units
Category 2 & RO
Per Guidelines
SMUGGLER MTN APARTMENTS
11 Units
Category I
Per Guidelines
TRUSCOTT PLACE — Studios
1- & 2-Bedrooms
50 Units
46 Units
RO
Category 3
Per Guidelines
ULLR LODGE
26 Units
Category 3 & 4
Per Guidelines
UTE CITY PLACE
22 Units
Category 2 & 3
g ry
Per Guidelines
TOTAL
657 Units Permanent
188 Units Seasonal
845 Units
Aspen/Pllkin County Housing Guidelines
Page 52 of 53
APPENDIX D
LISTING OF PRINCIPAL RENTAL PROTECTS
AND PROPERTPMANAGERS
Aspen Country Inn
Patrick Jones, Property Manager
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 925-2700; 920-1745 Fax
AABC Apartments
Jean Rhinehart
303 Aspen Airport Business Center
Aspen, CO 81611
(970) 925-2102; 925-2104 Fax
Alpine Haus
Kevin De Carlo, Property Manager
935 East Durant
Aspen, Cp 81611
(970) 920-3975; 920-2396 Fax
Burlingame Seasonal Housing
Terry Kappeli, Property Manager
050 Harmony Place
Aspen, CO 81611
(970) 920-0171
Centennial Apartments
Kim Keilin, Property Manager
100 Luke Short Court
Aspen, CO 81611
(970) 925-106; 920-2691 Fax
Copper Horse
Kevin DeCarlo, Property Manager
328 West Main Street
Aspen, CO 81611
(970) 920-3975; 920-2396 Fax
Hunter Longhouse Apartments
101 Lone Pine Road
Aspen, CO 81611
Aspen/Pitkin County Housing Guidelines
(as of October 200-7)
Marolt Ranch (Seasonal Housing)
Dylan Regan, Property Manager
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 920-3499 (Jan. -May & Sept. -Dec.)
(970) 920-0849 Fax
Mountain Oaks (Hospital)
Don Gillow, Emp. Housing Coordinator
0401 Castle Creek Road
Aspen, CO 81611
(970) 544-1141; (970) 544-1588 Fax
North Mill Station
Tony MazkWFrank Woods, Managers
355 Puppy Smith Lane
Aspen, CO 81611
(970)925-8603
Smuggler Mountain Apartments
Bruce Nethery, Property Director
Aspen/Pitkin County Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 379-6048; (970) 920-5580 Fax
Truscott Place Apartments
Bruce Nethery, Property Director
Aspen/Pitkin Qounty Housing Authority
530 East Main, Lower Level
Aspen, CO 81611
(970) 920-5139; (970) 920-5358 Fax
Page 53 of 53