Loading...
HomeMy WebLinkAboutBocc Packet 12182013 APCHA Guidelines AmendmentsAGENDA ITEM SUMMARY REGULAR MEETING DATE: December 18, 2013 AGENDA ITEM TITLE: 2nd Reading, Ordinance No. -2013, Adopting Amendments to the Aspen/Pitkin County Affordable Housing Guidelines STAFF RESPONSIBLE: APCHA Board of Directors and Tom McCabe ISSUE: The APCHA Board is requesting approval to add a Retirement Section policy to the Sales and Rental sections of the Guidelines, along with additional definitions. BACKGROUND: The BOCC approved the addition of Part II, Section 7; Part III, Section 6; and three additional definitions to the Guidelines at their Regular Board Meeting held December 4, 2013. The Guideline changes to Part II, adds information concerning retirement in APCHA rental housing, and Part III, adds information concerning retirement in APCHA ownership housing. The Aspen City Council reviewed the requested additions and approved at 2nd reading and public hearing held November 18, 2013. The three additional definitions to be added to Section X of the Guidelines to compliment the explanation of the recommended changes to Sections II & III are as follows: • The definition of. a Qualified Retiree in APCHA housing • The definition of. the Retirement age for APCHA housing Define an APCHA senior. DISCUSSION: APCHA has always allowed qualified employees to retire in their home (rental and/or ownership), as long as they: 1. retire at the age stipulated in the Guidelines (or as determined by their deed restriction); and 2. maintain occupancy in the APCHA home at least nine months out of the year; and 3. have worked 1500 hours for at least four years in Pitkin County prior to retiring and reaching the retirement age as specified in the Guidelines; and 4. do not own any other developed property, or an interest in any developed property, within the ownership exclusion zone (OEZ) as defined in the Guidelines, and as the they are amended from time to time. APCHA's long-standing practice of permitting retirees to remain in APCHA housing is an implied right since there is no APCHA policy requiring them to leave at retirement. The APCHA Board recommends that this practice be clearly stated as a right (with ongoing occupancy and OEZ conditions) in the Guidelines. As a reminder, a separate and newly adopted Guideline change also relates to retirees in APCHA housing by allowing retirees who own APCHA housing to rent their home (with conditions) for up to six months per year. APCHA Guidelines Additions Page 1 In America, retirement is generally defined as: • The action or fact of leaving one's job and ceasing to work; • The period of one's life after leaving one's job and ceasing to work. For the purpose of APCHA employee housing programs, retirement is more specifically defined and the APCHA Board is recommending changes to the Guidelines to state those specific requirements more clearly. The BOCC and City Council recently agreed to increase the minimum age for an owner or renter to retire and maintain occupancy in the APCHA housing from 65 to an age not to exceed 67. The City Council and BOCC acknowledge that there is historic variability in retirement ages for different occupations and across different sectors of our national society. Some fortunate individuals, by virtue of being employed in this circumstance may retire from their occupations earlier than the APCHA determined retirement age. Even so, those persons must obtain another job within Pitkin County and continue to work at least 1500 hours per year to maintain the benefit of living in APCHA housing. The increase of the retirement age to 67 will not affect the owners or renters who have already retired based on the current Guidelines. Any currently qualified person will be "grandfathered" into retirement eligibility. The new age of 67 will not become effective until 60 days after the approval of the policy by both the City Council and the BOCC. The APCHA Board is also recommending the addition of a definition for "an APCHA Senior." Part of this definition helps clarify the senior priority right which exists for the Aspen Country Inn. APCHA also allows for a senior to have up to 150% of the net assets as stipulated under the category of the deed -restricted property in which they currently reside, or that they are trying to move into. The APCHA Board is recommending that the following three definitions are added to the Guidelines: • Qualified Retiree in APCHA Housing: A person who has reached the retirement age as defined in the Guidelines and who has worked the prerequisite amount of hours stipulated in the Guidelines for at least four (4) consecutive years immediately prior to becoming a retiree. Retirement Age for APCHA Housing: A tenant or owner can qualify to become an APCHA retiree at such time he/she reaches the age to receive full (100%) benefits as determined by the US Social Security Administration (see below) or as stipulated in their deed restriction. Any escalation of the full retirement age approved by the US Social Security Administration will not be automatic to the APCHA program; any increase in full retirement age will require review and approval by the APCHA Board, City Council and the BOCC. Year of Birth 1942 and Earlier 1943-1954 1955 1956 APCHA Guidelines Additions Full Retirement Age 65 66 66 and 2 months 66 and 4 months Page 2 1957 1958 1959 1960 and later 66 and 6 months 66 and 8 months 66 and 10 months 67 • APCHA Senior: An APCHA senior is defined as someone who is 65 years or older. An APCHA senior is allowed to have up to 150% of the net assets allowed at the top of their applicable income category where they are applying to reside or currently residing. Due to the non-existence of any policy allowing for an owner or tenant to retire in deed -restricted housing, the APCHA Board is also recommending that Part II, Part III and Part X, as shown in Ordinance No. -2013 be incorporated into the Guidelines. LINK TO STRATEGIC PLAN: The policy will incorporate language into the Guidelines that has been procedurally done by APCHA. BUDGETARYIMPACTS. There are no budgetary impacts with the requested additions. RECOMMENDED BOCC ACTION: Approve Ordinance No. -2013, Adopting Amendments to the Aspen/Pitkin County Affordable Housing Guidelines at 2nd reading. ATTACHMENTS: 1. Ordinance No. -2013, Adopting Amendments to the Aspen/Pitkin County Affordable Housing Guidelines APCHA Guidelines Additions Page 3 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, ADOPTING AMENDMENTS TO THE ASPEN/PITKIN COUNTYAFFORDABLE HOUSING GUIDELINES Ordinance No. -2013 RECITALS 1. The Board of County Commissioners of Pitkin County, Colorado (hereinafter 'Board") and the City of Aspen, pursuant to III, C2 of the Fourth Amended and Restated Intergovernmental Agreement Housing Authority (hereinafter "Authority") the duty to develop and recommend changes to the Aspen/Pitkin County Employee Housing Guidelines (hereinafter "Guidelines"); and 2. The Authority has developed such changes to the Guidelines and has referred and recommended them to the Board for approval; and 3. The Board has reviewed the proposed changes to 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 amended Guidelines; and 4. That by virtue of the adoption of this Ordinance, 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 5. That the provision of resolutions pertaining to the affordable housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein; and NOW, THEREFORE BE IT ORDAINED BY THE BOARD that it does hereby approve and adopt the amended changes to the Aspen/Pitkin County Affordable Housing Guidelines, as stated below: PART IL RENTING EMPLOYEE HOUSING SECTION 7 RETIRING INAPCHA RENTAL HOUSING The status of Renters/Tenants residing in APCHA Employee Housing Units shall be reviewed and verified on a bi-yearly (every two years) basis to ensure they continue to meet the requirements of the Guidelines, including but not limited to: • Minimum Occupancy • Income and Asset Requirements • Employment • Non -ownership of developed residential property in the Ownership Exclusion Zone Renters/Tenants can retire upon reaching retirement age, as defined in the Guidelines. However, renter/tenants must continue to reside in the unit at least nine months out of the calendar year and not own any other developed property within the ownership exclusion zone. PART HIL PURCHASING EMPLOYEE HOUSING SECTION 6 RETIRING INAPCHA OWNERSHIP HOUSING An APCHA qualified Owner -retiree may live out their years in APCHA housing without any requirement to be employed. They may choose to work as few or as many hours as they wish without jeopardizing their APCHA housing. The qualified owner -retiree must, however, do the following: • Occupy the unit as their primary residence by living i n the unit at least nine months per year, unless the owner has received an approved Leave of Absence to rent the home as stated in Part Section _ • Continue to not own other developed residential property in the ownership exclusion zone. • Owner has corroborated with APCHA that they meet the APCHA qualified retiree criteria. APCHA qualified Owner -retirees must continue to be required to complete and sign a Requalification Affidavit on a bi-yearly (every two years) basis An owner may retire at such time the owner qualifies as defined in the Guidelines, as they are amended from time to time The owner may request a leave of absence and rent the home out for up to six months each year. See Part Section for the specific requirements pertaining to this leave of absence PART X. DEFINITIONS • Qualified Retiree in APCHA Housing. A person who has reached the retirement age as defined in the Guidelines and who has worked the prerequisite amount of hours stipulated in the Guidelines for at least four (4) consecutive years immediately prior to becoming a retiree. • Retirement Age for APCHA Housing: A tenant or owner can qualify to become an APCHA retiree at such time helshe reaches the age to receive full (100°/) benefits as determined by the US Social Security Administration (see below) or as stipulated in their deed restriction. Any escalation of the full retirement age approved by the US Soda/ Security Administration will not be automatic to the APCHA program; any increase in full retirement age will require review and approval by the APCHA Board, City Council and the BOCC. Year of Birth Full Retirement Ape 1942 and Earlier 65 1943-1954 66 1955 66 and 2 months 1956 66 and 4 months 1957 66 and 6 months 1958 66 and 8 months 1959 66 and 10 months 1960 and later 67 • APCHA Senior: An APCHA senior is defined as someone who is 65 years or older. An APCHA senior is allowed to have up to 150% of the net assets allowed at the top of their applicable income category where they are applying to reside or currently residing. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE DAY OF 2013. NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF THE ORDINANCE PUBLISHED IN THE ASPEN TIMES WEEKLY ON .2013. NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE ORDINANCE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE DAY OF 2013. ADOPTED AFTER FINAL READING AND PUBLIC HEARING ON THE DAY OF 2013. PUBLISHED BY TITLE AND SHORT SUMMARY, AFTER ADOPTION, IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2013. POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE POSTED ON THE OFFICIAL PITKIN COUNTY WEBSITE (www.aspenpitkin.com) ON THE DAY OF 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS By By: Jeanette Jones George Newman, Chair Deputy County Clerk Date: APPROVED AS TO FORM: MANAGER APPROVAL John Ely, County Attorney Jon Peacock, County Manager