Resolution 088-2023 RESOLUTION NO. 088 -2023
A RESOLUTION OF THE MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
("BOCC") ESTABLISHING THE METHOD
OF SELECTION OF LESSEES ;
SETTING LEASE TERMS ; AND
ESTABLISHING THE METHOD FOR
SETTING THE RENTAL RATES FOR
COUNTY OWNED EMPLOYEE
H O U S I N G RESIDENTIAL UNITS.
WHEREAS, the Monroe County Board of County Commissioners ("BOCC",
"Board", or "County") established an employee housing rental program by Resolution
155-2022; and
WHEREAS, Resolution 155-2022 specifies that rental rates be established by
resolution of the board but does not establish a method of setting those rents; and
WHEREAS, the BOCC intends that all full time employees have an opportunity
to lease units when they are available, subject to any affordable income limits, when
applicable; and
WHEREAS, the lack of availability of affordable rental housing opportunities for
BOCC employees represent a threat to the County's ability to provide government
services necessary to promote and protect the health, safety, and welfare of the residents
of and visitors to the County and therefore, the County's provision of a rental housing
program serves a public purpose; and
WHEREAS, the BOCC wishes to establish procedures to be used by staff to
select lessees which make efficient use of employee rental housing units;
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Monroe County, Florida, that:
Section 1 Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully set forth
herein.
1 Employee Rental Housing
Section 2 Definitions. The following defined terms are used in subsequent sections:
1. Household Members means all residents of the unit. This may include
spouses, domestic partners, roommates who choose to share a unit,
dependent children &parents. Only one spouse or domestic partner is
required to be an eligible County employee.
2. Household income is defined to be the sum of the basic income excluding
overtime and incentive pay of all residents (spouses, domestic partners,
roommates but, excluding dependents) (Income counted for the restricted
units is as defined by MC LDC 139-1).
3. Domestic Partners are two adults who have chosen to share one another's
lives in a committed family relationship of mutual caring. Two individuals
are considered to be Domestic Partners if:
a. they consider themselves to be members of each other's immediate
family;
b. they agree to be jointly responsible for each other's basic living
expenses:
c. neither of them is married or a member of another Domestic
Partnership;
d. they are not blood related in a way that would prevent them from
being married to each other under the laws of Florida;
e. each is at least of the legal age and competency required by Florida
Law to enter into a marriage or other binding contract;
f. they each sign of Declaration of Domestic Partnership as provided
in for Section 14.03 of the Personal Policy and Procedures Manual;
and
g. they both reside at the same residence.
Section 3 Eli i ili . All full time, career service employees of the Monroe County, FL
Board of County Commissioners are eligible to apply for a County housing unit. Some
units are restricted based on maximum household income; others are not restricted. This
program will only be available to applicants or occupants who possess no
ownership interest in a residential property in Monroe County or the contiguous
counties of Miami-Dade and Collier counties.
Section 4 Selection of Lessees. When a housing unit becomes available, the County
will advertise its availability and the deadline for submitting an application. If a unit is
restricted to occupants meeting the affordable income limits, applicants will be required
to submit proof of income eligibility as part of the application. After the application
deadline, successful applicants will be selected by lottery. If more than one unit is
available, the first selected applicant will have their choice of units for which they are
eligible, the next drawn applicant will have second choice, and so on until all units are
assigned.
2 Employee Rental Housing
Section 5 Restrictions on Applications.
1. One bedroom units will be available to all qualified applicants.
2. Two bedroom units will be available to applicants who have at least two
Household Members.
3. Three bedroom units will be restricted to qualified applicants with a
minimum of three Household Members.
4. On income restricted units, applicant's household must meet the income
restrictions.
5. Applications must include a letter from applicant's department head
recommending applicant and letter must be approved by County
Administrator or designee.
6. Request to allow pets must be included with application and are subject to
approval by the County Administrator or his designee.
Section 6 Restrictions on continuing occupancy and renewal applications.
1. One bedroom units will be available to all qualified applicants.
2. Two bedroom units will be available to applicants who have at least two
Household Members.
3. Three bedroom units will be restricted to qualified applicants with a
minimum of three Household Members.
4. Applicant must have a recommendation from applicant's department head.
5. On income restricted units, applicant's household must continue to meet
the income restrictions.
Section 7 Lease Terms.
1. Leases will be for one year.
2. Leased property must be a primary residence.
3. Security deposit is one month's rent.
4. Monthly utility bills are the Lessees' responsibility.
5. Leases may be renewed subject to the BOCC's rules of the program.
6. There is no limit on the number of renewals subject to the applicant
remaining eligible for the unit.
7. Pets are subject to approval by the County Administrator or his designee.
8. Leases shall include an early termination provision in the event the
qualified applicant leaves County employment.
3 Employee Rental Housing
Section 8 Establishment of Rent.
1. For units established with affordable restriction (or otherwise restricted to
affordable guidelines)the monthly rent will be the lesser of:
• 22.5% of the Household Income, or
• the maximum allowable rent for the type of unit under the HUD
affordable housing guideline for Median Income in effect on the
inception date of the unit lease.
2. For units that are not established with affordable restrictions)the monthly rent
will be the lesser of:
• 22.5% of the Household Income or
• the maximum allowable rent for the type of unit under the HUD
affordable housing guideline for Median Income in effect on the
inception date of the unit lease.
3. Residents occupying an existing County unit continuously since 1 January
2023 will have their rent increased on their next anniversary date of their lease
to the lesser of:
• The midpoint between their current rent and either 22.5% of their
Household Income, or
• The midpoint between their current rent and the maximum allowable
rent for the type of unit under the HUD affordable housing guideline
for Median Income in effect on the inception date of the unit lease.
4. Residents occupying an existing County unit continuously since 1 January
2023 will have their rent increased on their 2nd anniversary date of their lease
to the lesser of:
• 22.5% of their Household Income, or
• the maximum allowable rent for the type of unit under the HUD
affordable housing guideline for Median Income in effect on the
inception date of the unit lease.
Section 9. Lease documents. The County Attorney or his designee shall prepare a
standard lease instrument and any other document necessary to implement this program.
Those documents may be updated at the time of each lease renewal.
Section 10. Construction and Interpretation. This Resolution, being necessary for
the health, safety, and welfare of the residents of and visitors to Monroe County,
shall be liberally construed to effect(uate) the public purpose(s) hereof.
Interpretation of this Resolution shall be construed in favor of the Monroe County
Board of County Commissioners, and such construction and interpretation shall
be entitled to great weight in adversarial administrative proceedings, civil actions,
in bankruptcy, and on appeal.
4 Employee Rental Housing
Section 11. Non-Reliance by Non-Parties and No Third-Party Rights or
Beneficiaries. Nothing contained herein shall create or be construed or interpreted
to create any relationship, contractual or otherwise, with, or any rights in favor of, any
third party. No person or entity shall be entitled to rely upon this Resolution or any
provision hereof to enforce or attempt to enforce any claim or entitlement to or benefit of
any service or program contemplated hereunder.
Section 12. Section Headings. Section headings have been inserted into this Resolution
as a matter of convenience of reference only, and shall not be used in the interpretation or
construction of this Resolution or any part thereof.
Section 13. No Liability. Monroe County expressly reserves and in no way shall be
deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any
sovereign, governmental, and other similar defense, immunity, exemption, or protection
against any suit, cause-of-action, demand, or liability.
Section 14. Severability. If any provision of this Resolution,or any part or portion
thereof, is held to be invalid or unenforceable by any administrative hearing officer or
court of competent jurisdiction, the invalidity or unenforceability of such provision, or
any part or portion thereof, shall neither limit or impair the operation, enforceability,
or validity of any other provision of this Resolution, or any remaining part(s)or
portion(s)thereof.All other provisions of this Resolution and remaining part(s) or
portion(s)thereof, shall continue unimpaired in full force and effect.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting of said board on the 15th day of February 2023.
Mayor Craig Cates Yes
Mayor Pro Tem Holly Merrill Raschein Yes
Commissioner Michelle Lincoln Yes
w —y Commissioner James K. Scholl Yes
``3 ,g,-. "'' Commissioner David Rice Yes
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1:R =" S �. BOARD OF COUNTY COMMISSIONERS
( '0- motesy e in Madok, Clerk OF MONRO OUNTY, FLORIDA
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Approved for form and legal sufficiency
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Digitally signed by Robert B.Shillinger ��
• • DN:cn=Robert B.Shillinger,o=Monroe County BOCC,
Robert B. Shillinger ou=Monroe County Attorney,emali=shillinger- .> CFI C7'
bob@monroecounty-R.goy.c=US us
Date:2023.01.30 13:41:54-05'00'
Robert B. Shillinger,Monroe County Attorney
5 Employee Rental Housing