Item C48 C48
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: C48
2023-2700
BULK ITEM: Yes DEPARTMENT: Social Services
TIME APPROXIMATE: STAFF CONTACT: Sheryl Graham
N/A
AGENDA ITEM WORDING:
Approval of Resolution approving an Amendment to the Local Housing Assistance Plan (LHAP)
pursuant to the adoption of Senate Bill 1456, as required by the State Housing Initiatives Partnership
(SHIP) Program Act, Subsections 420.907- 420.9079, Florida Statutes; and Rule Chapter 67-37, Florida
Administrative Code;Authorizing and Directing the Mayor or the County Administrator to execute any
necessary documents and certifications needed by the State; authorizing the submission of the Amended
LHAP for review and approval by the Florida Housing Finance Corporation (FHFC); and Providing an
effective date.
ITEM BACKGROUND:
The State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of
Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments
for the development and maintenance of affordable housing. The State Housing Initiatives Partnership
(SHIP)Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida
Administrative Code, requires local governments to develop a one- to three-year Local Housing
Assistance Plan (LHAP) outlining how funds will be used. Monroe County's existing 2022-2023, 2023-
2024 and 2024-2025 LHAP was approved by the BOCC as Resolution 205-2022 on 7/20/2022
including all exhibits and attachments.
Pursuant to the approval of Senate Bill 1456, exempting Monroe County, an area of State Critical
Concern, from the sixty percent (60%) set aside of all SHIP funds being spent on Low Income and Very
Low-Income clients, it is to the benefit of the residents of Monroe County modify the LHAP at this
time, to increase the income limit of all strategies to one hundred and forty percent(140%) of Area
Median Income (AMI). All other previously submitted exhibits within the LHAP remain in full force
and effect.
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The Resolution provides that it is in the best interest of the public for Monroe County to submit the
Amended LHAP for review and approval in order to qualify for said documentary stamp tax funds.
PREVIOUS RELEVANT BOCC ACTION:
Approval by BOCC on 7/20/2022, of Local Housing Assistance Plan(LHAP) 2022-2023, 2023-2024,
2024-2025
INSURANCE REQUIRED:
No
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION:
Approval of the Resolution of the Board of County Commissioners of Monroe County, Florida,
adopting an Amendment to Monroe County's Local Housing Assistance Plan (LHAP) for the State of
Florida Fiscal Years 2022-2023, 2023-2024, 2024-2025, authorizing the submission of the Amended
LHAP for review and approval by the Florida Housing Finance Corporation (FHFC).
DOCUMENTATION:
SHIP EXHIBIT E RESOLUTION Amended 23-2 -25 final 07 02 202 .docx
LAP 23-2 -25 FINAL AMENDED SB156 5.31.2024 edited 07 02 202 .doc
FINANCIAL IMPACT:
N/A
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EXHIBIT E
67-37.005(1) F.A.C.
2024
LHAP 23-24-25 AMENDED MAY 31, 2024, PER SB1456
RESOLUTION - 2024
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE LOCAL HOUSING
ASSISTANCE PLAN(LHAP)PERSUANT TO THE ADOPTION OF SENATE BILL 1456, AS
REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM
ACT, SUBSECTIONS 420.907- 420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-
37,FLORIDA ADMINISTRATIVE CODE;AUTHORIZING AND DIRECTING THE MAYOR
OR THE COUNTY ADMINISTRATOR TO EXECUTE ANY NECESSARY DOCUMENTS
AND CERTIFICATIONS NEEDED BY THE STATE;AUTHORIZING THE SUBMISSION OF
THE AMENDED LHAP FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING
FINANCE CORPORATION (FHFC); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing
Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes
on deeds to local governments for the development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP)Act, ss. 420.907-420.9079,
Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local
governments to develop a one- to three-year Local Housing Assistance Plan (LHAP) outlining
how funds will be used; and
WHEREAS, the Monroe County's existing 2022-2023, 2023-2024 and 2024-2025 LHAP
was approved by the BOCC as Resolution 205-2022 on 7/20/2022 including all exhibits and
attachments; and
WHEREAS,pursuant to the approval of Senate Bill 1456, exempting Monroe County, an
area of State Critical Concern, from the sixty percent(60%) set aside of all SHIP funds being spent
on Low Income and Very Low-Income clients; and
WHEREAS, it is to the benefit of the residents of Monroe County modify the LHAP at
this time, to increase the income limit of all strategies to one hundred and forty percent(140%) of
Area Median Income(AMI). All other previously submitted exhibits within the LHAP remain in
full force and effect; and
WHEREAS, the County Commission finds that it is in the best interest of the public for
Monroe County to submit the Amended LHAP for review and approval in order to qualify for
said documentary stamp tax funds.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA that:
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Section 1: The Monroe County Board of County Commissioners hereby approves the
Amended LHAP, as attached and incorporated hereto, for submission to the FHFC,
as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2022-2023,
2023-2024 and 2024-2025.
Section 2: The Mayor, County Administrator, or County Administrator's official designee is
hereby designated and authorized to execute any documents and certifications
required by the FHFC as related to the LHAP, and to do all things necessary and
proper to carry out the term and conditions of said program.
Section 3: The Monroe County Board of County Commissioners hereby approves the increase
of the income limit of all strategies to one hundred and forty percent (140%) of
Area Median Income (AMI). All other previously submitted exhibits within the
LHAP remain in full force and effect.
Section 4: This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board on the day of July, 2024
Mayor Holly Merrill Raschein
Mayor Pro Tem James K. Scholl
Commissioner Craig Cates
Commissioner Michelle Lincoln
Commissioner David Rice
SEAL:
ATTEST: Monroe County Clerk BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
BY: BY:
Deputy Clerk Mayor Holly Merrill Raschein
Approved as to legal sufficiency:
Date:
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1
MONROE COUNTY, FLORIDA
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
2022-2023, 2023-2024, 2024-2025
AMENDED MAY 31, 2024 PER SB 1456
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Table of Contents
Description Page#
Section I, Program Details 3-6
Section II, Housing Strategies -
A. HOMEBUYER ASSISTANCE 7-8
B. HOMEOWNER REHABILITATION 9
C. DISASTER RELIEF 10-11
D.HOMEOWNER SEWER LATERAL CONNECTION 12
E. AFFORDABLE RENTAL REHABILITATION/CONSTRUCTION 13-14
F. AFFORDABLE RENTAL DISASTER RELIEF 15
G. N/A -
H. N/A -
Section III, Incentive Strategies 16
A. Expedited Permitting 16
B. Ongoing Review Process 16-17
C. Other Ongoing Incentive Strategies 17-25
Exhibits -
A. Administrative Budget for each fiscal year covered in the Plan 26
B. Timeline for Estimated Encumbrance and Expenditure
27
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year 28-30
Covered in the plan
D. Signed LHAP Certification 31-32
E. Signed, dated, witnessed or attested adopting resolution 33-34
F. Ordinance: (If changed from the original creating ordinance)
N/A
N/A
G. Interlocal Agreement
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I. Program Details:
A. LG(s)
Name of Local Government MONROE COUNTY,FLORIDA
Does this LHAP contain an interlocal agreement? NO
If yes, name of other local government(s)
B. Purpose of the program:
• To meet the housing needs of the very low, low and moderate-income households;
• To expand production of and preserve affordable housing; and
• To further the housing element of the local government comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan: 2022-2023, 2023-2024, 2024-2025
D. Governance:The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and
Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable
statutes, rules and any additional requirements as established through the Legislative process.
E. Local Housing Partnership:The SHIP Program encourages building active partnerships between government,
lending institutions, builders and developers, not-for-profit and community-based housing providers and
service organizations, providers of professional services related to affordable housing, advocates for low-
income persons, real estate professionals, persons or entities that can provide housing or support services
and lead agencies of the local continuums of care.
F. Leveraging:The Plan is intended to increase the availability of affordable residential units by combining local
resources and cost saving measures into a local housing partnership and using public and private funds to
reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing
Finance Corporation programs and to provide local match to obtain federal housing grants or programs.
G. Public Input: Public input was solicited through face-to-face meetings with housing providers, social service
providers and local lenders and neighborhood associations. Public input was solicited through the local
newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation
and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the
application period. If no funding is available due to a waiting list, no notice of funding availability is required.
I. Waiting List/Priorities:A waiting list will be established when there are eligible applicants for strategies that
no longer have funding available.Those households on the waiting list will be notified of their status.
Applicants will be maintained in an order that is consistent with the time completed applications were
submitted as well as any established funding priorities as described in this plan.
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The following priorities for funding (very low income, Special Needs, etc.) described/listed here apply to all
strategies unless otherwise stated in an individual strategy in Section II:
Special Needs Applicants (420.0004 (13)) and Very Low-Income Applicants will have first priority for
funding in all strategies
J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the
basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application
process for eligible housing.
K. Support Services and Counseling:Support services are available from various sources. Available support
services may include, but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling,
Tenant Counseling, Foreclosure Counseling and Transportation.
L. Purchase Price Limits:The sales price or value of new or existing eligible housing may not exceed 90%of the
average area purchase price in the statistical area in which the eligible housing is located. Such average area
purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar
year prior to the year in which the award occurs. The sales price of new and existing units, which can be
lower but may not exceed 90%of the average area purchase price established by the U.S.Treasury
Department or as described above.
The methodology used is:
U.S.Treasury Department x
Local HFA Numbers
M. Income Limits, Rent Limits and Affordability:The Income and Rent Limits used in the SHIP Program are
updated annually by the Department of Housing and Urban Development and posted at
www.floridahousing.org.
"Affordable"means that monthly rents or mortgage payments including taxes and insurance do not exceed
30 percent of that amount which represents the percentage of the median annual gross income for the
households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual
household's ability to devote more than 30%of its income for housing, and housing for which a household
devotes more than 30%of its income shall be deemed Affordable if the first institutional mortgage lender is
satisfied that the household can afford mortgage payments in excess of the 30%benchmark and in the case
of rental housing does not exceed those rental limits adjusted for bedroom size.
N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria
for applications for Awards to eligible sponsors shall be developed, which includes a description that
demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given
preference in the selection process.
O. Monitoring and First Right of Refusal: In the case of rental housing,the staff and any entity that has
administrative authority for implementing the local housing assistance plan assisting rental developments
shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides
periodic monitoring and determination, a municipality, county or local housing financing authority may rely
on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount
of$10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility
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requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance
whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15
years or that have remaining mortgages funded under this program must give a first right of refusal to
eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible
persons.
P. Administrative Budget: A line-item budget is attached as Exhibit A. The city/county finds that the moneys
deposited in the local housing assistance trust fund are necessary to administer and implement the local
housing assistance plan.
Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code,states: "A county or an
eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing
body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local housing assistance plan."
Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code,further states: 'The cost
of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of
program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and
eligible municipalities receiving a local housing distribution of up to$350,000 may use up to 10 percent of
program income for administrative costs."The applicable local jurisdiction has adopted the above findings in
the resolution attached as Exhibit E.
Q. Program Administration: Administration of the local housing assistance plan will be performed by:
Entity Duties Admin. Fee
Percentage
Local Government Monroe County Social Services Department 10%
Third Party Entity/Sub-recipient
R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following
definition will apply: An individual who has had no ownership in a principal residence during the 3-year period
ending on the date of purchase of the property. This includes a spouse(if either meets the above test, they are
considered first-time homebuyers).A single parent who has only owned a home with a former spouse while
married.An individual who is a displaced homemaker and has only owned with a spouse.An individual who
has only owned a principal residence not permanently affixed to a permanent foundation in accordance with
applicable regulations.An individual who has only owned a property that was not in compliance with state,
local or model building codes and which cannot be brought into compliance for less than the cost of
constructing a permanent structure.
S. Project Delivery Costs: Must state the specific strategies and the specific activities that will be charged as a PDC. State
the percentage and/or maximum dollar amount. N/A
T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school district,
community college, and university employees, police and fire personnel, health care personnel, and skilled
building trades personnel.
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U. Describe efforts to incorporate Green Building and Energy Saving products and processes:
Priority will be given to those sponsors who demonstrate innovative design, green building principles, storm
resistant construction or other elements that reduce long term costs relating to maintenance, utilities or
insurance, rehabilitation of existing homes to greatly reduce the carbon footprint of building new homes;
installation of storm shutters and high impact windows and doors; use of recycled construction materials;
installation of new energy saving rated appliances; etc.
V. Describe efforts to meet the 20%Special Needs set-aside:The Monroe County SHIP office in conjunction
with Monroe County Social Services, utilize their existing applicant list in addition to continuous advertising on
the Monroe County website for ongoing homeowner rehabilitation funding countywide.
W. Describe efforts to reduce homelessness:The SHIP program provides owner occupied rehabilitation
assistance to the extremely low,very-low, low and moderate income clients of the county reducing the risk of
those homeowners becoming homeless.
X. Exemption to Statutory Set-Asides: Under Senate Bill 1456 enacted May 31, 2024, Monroe County
designated as an area of state critical concern is exempt from the income set-asides set forth in 420.9075 (5).
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Section II. LHAP Strategies:
A. HOMEBUYER ASSISTANCE Code 1
a. Summary of Strategy: Funding assistance for the purchase or construction of a single-family,
residential, owner-occupied property, including condominiums and townhouses.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, low and moderate and households up to 140%AMI
d. Maximum award: $45,000.00
e. Terms:
1. Deferred Loan: Secured by a recorded note and mortgage
2. Interest Rate: 0
3. Years in loan term: 30
4. Forgiveness: N/A
5. Repayment: N/A
6. Default:The loan will be due and payable in full upon maturity, payment in full of the first mortgage,
sale, rental or transfer of the property,failure to comply with the terms of the SHIP mortgage, loss of
homestead exemption, foreclosure or death of the last surviving homeowner. In the event of the
death of the last surviving homeowner, any income eligible heir residing in the home may assume the
SHIP Loan as long as they can obtain title to the entire property within one (1)year of the death of the
last surviving homeowner and the first mortgagee consents to the assumption of their loan.
In the event of divorce by the occupants married to each other and after title has been vested, so long
as one of the original owners remains on title and has homestead exemption, the party remaining in
the home shall be considered in compliance with the existing terms and conditions.
f. Recipient/Tenant Selection Criteria: Eligible applicants will receive assistance on a "First Qualified, First
Served" basis. First priority will be given to Special Needs Applicants. Applicants who have been
determined to be income eligible for program assistance will be placed on a waiting list according to their
income.
Applications for Homebuyer Assistance must include:
1. A contract for the purchase of an existing housing unit or one under construction. An
"under construction" housing unit shall be defined as having a building permit and
pilings/foundation complete and inspected.
2. A lending institution pre-qualification letter for the amount to be financed which may
assume up to a $45,000 SHIP loan.
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3. An affidavit from the Seller in the event this is a unit under construction, indicating
the delivery date of the housing unit(cannot be more than five months from the date
of the SHIP approval).
Applicants who fail to submit complete applications, who do not meet SHIP threshold
requirements or cannot close due to financing or any other reason, may not reapply for
SHIP assistance until the following application cycle.
g. Sponsor Selection Criteria: N/A
h. Additional Information: Buyer(s) must contribute a minimum of three percent(3%) of the sales price as a
cash contribution to the purchase. The 3%can be comprised of title insurance, appraisals, inspections
and/or closing costs. Property must meet minimum health and safety standards as defined under the U.S
Department of Housing and Urban Development's Housing Quality Standards (HQS). Any HQS deficiencies
must be corrected prior to or as part of the purchase transaction. In the case of new construction, a
Certificate of Occupancy(CO) may be substituted for the HQS inspection. Mortgage loans to public
entities, which retain ownership of the land under the terms of a ground lease, shall extend to the
improvements.
Homes must be financed with a federally insured financial institution with the exception of Habitat for
Humanity units. In the event other financing methods are utilized and approved by the SHIP
Administrator, or assigned personnel, the SHIP Note and Mortgage must be a first mortgage.
SHARED APPRECIATION PROVISION: All SHIP funds under this strategy are subject to a mortgage that
shall contain recapture provisions which provides for shared appreciation between the buyer(s) and the
Monroe County SHIP Program. The amount due Monroe County upon sale, refinancing or transfer of the
property shall be calculated by adding the sum of the principal balance of the SHIP loan and 50% of the
appreciated value. The appreciated value shall be the difference between the original purchase price and
the sales price less any real estate commission, less the value of any permitted improvements and less
reasonable closing costs. Housing units constructed utilizing Affordable Housing Permits, which restrict
appreciation of the housing unit's value, shall not be subject to the Shared Appreciation Provision.
Existing SHIP Homebuyer Mortgage Loans of Not-For-Profit Homeownership Developer units may be
assumed for the balance of the term of the existing loan by new very low and low income qualified
homebuyers. Transfer of title to the new homebuyers must be completed within a period that does not
to exceed six (6) months after repayment by the existing homeowner.
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B. HOMEOWNER REHABILITATION Code 3
a. Summary: Funding assistance for owner occupied housing rehabilitation, with/or without
leveraging with the Weatherization Assistance Program.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, low and moderate and households up to 140%AMI
d. Maximum award: $35,000.00
e. Terms:
1. Repayment loan/deferred loan/grant: Deferred payment loan secured by a recorded note and
mortgage
2. Interest Rate: 0%
3. Years in loan term: Twenty(20)years
1. Forgiveness: The loan balance will be forgiven during years ten (10)through twenty(20) at the rate of
ten (10) % per year.
4. Forgiven at maturity.
5. Repayment: None due as long as the loan is in good standing.
6. Default: The loan will be due and payable in full upon in the event of, rental, sale or transfer of the
property before the maturity date, failure to comply with the terms of the SHIP mortgage, loss of
homestead exemption, foreclosure or death of the last surviving homeowner. In the event of the
death of the last surviving homeowner, any income eligible heir residing in the home may assume the
SHIP Loan as long as they can obtain title to the entire property within one (1)year of the death of the
last surviving homeowner and the first mortgagee consents to the assumption of their loan.
In the event of divorce by the occupants married to each other and after title has been vested, so long
as one of the original owners remains on title and has homestead exemption, the party remaining in
the home shall be considered in compliance with the existing terms and conditions.
f. Eligible applicants will receive assistance on a "First Qualified, First Served" basis. Special Needs and Very
Low-Income Applicants will have first priority for funding. Applicants who have been determined to be
income eligible for program assistance will be placed on a waiting list according to their income
classification.
g. Recipient/Tenant Selection Criteria: N/A
h. Sponsor Selection Criteria: N/A
i. Additional Information: For the purpose of this strategy,the standard for rehabilitation is defined as those
improvements necessary for the subject unit to meet the U.S. Department of Housing and Urban
Development's Housing Quality Standards (HQS). All households receiving rehabilitation assistance under
this strategy are not eligible for additional SHIP funding for a period of three (3) years from closeout of
grant/loan.
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C. DISASTER RELIEF Code 5, 16
a. Summary: Funds will be awarded to owner occupied homeowners and/or displaced
individuals to provide immediate disaster relief, repair of existing homes or purchase
assistance required to purchase or replace demolished homes as a result of an emergency
or disaster which has been declared by executive order(s) signed by the President of the
United States of America or the Governor of the State of Florida.
This strategy will only be funded and implemented in the event of a disaster using
any funds that have not yet been encumbered or with additional disaster funds
allocated by Florida Housing Finance Corporation. SHIP disaster funds may be used
for items such as, but not limited to:
(a) Purchase of emergency supplies for eligible households to weatherproof.
(b) Purchase and/or replacement housing unit.
(c) Interim repairs to avoid further damage; tree and debris removal required to
make the individual housing unit habitable.
(d) Construction of wells or repair of existing wells where public water is not
available.
(e) Payment of insurance deductibles for rehabilitation of homes covered under
homeowners' insurance policies.
(f) Security deposit for eligible recipients that have been displaced from their
homes due to disaster.
(g) Rental assistance for eligible recipients that have been displaced from their
homes due to disaster.
(h) Any strategy included in the approved LHAP that benefits applicants directly
affected by the declared disaster.
(i) Other activities as proposed by Monroe County and approved by the Florida
Housing Finance Corporation.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, low and moderate and households up to 140%AMI
d. Maximum award: $35,000
e. Terms:
2. Repayment loan/deferred loan/grant: Secured by a recorded note and mortgage
3. Interest Rate: 0%
4. Years in loan term: Ten (10)
5. Forgiveness:The loan balance will be forgiven during years six(6) through ten (10) at the rate of
twenty(20) % per year.
6. Repayment: None due as long as the loan is in good standing.
7. Default:The outstanding loan balance will be due and payable in full upon the rental, sale or transfer
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of the property, failure to comply with the terms of the SHIP mortgage, loss of homestead exemption
or death of the last surviving homeowner. In the event of the death of the last surviving homeowner,
any income eligible heir residing in the home may assume the SHIP Loan as long as the heir can obtain
title to the entire property within one (1)year of the death of the last surviving homeowner and the
first mortgagee consents to the assumption of their loan.
In the event of divorce by the occupants married to each other and after title has been vested, so long
as one of the original owners remains on title and has homestead exemption, the party remaining in
the home shall be considered in compliance with the existing terms and conditions.
f. Recipient/Tenant Selection Criteria: Applications processed on a "First Qualified, First Served" basis.
g. Sponsor Selection Criteria N/A
h. Additional Information:Eligible costs include all hard and soft costs associated with the rehabilitation of
the property.
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D. HOMEOWNER SEWER LATERAL CONNECTION Code 3
a. Summary: Funding assistance for sewer lateral connections for owner occupied properties, to
include condominiums and townhouses.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, Low and Moderate and households up to 140%AMI
d. Maximum award: $8,000.00
e. Terms:
1. Repayment loan/deferred loan/grant: Secured by a recorded note and mortgage
2. Interest Rate: 0
3. Years in loan term:Ten (10)
4. Forgiveness: Forgiven at maturity
5. Repayment: None due as long as the loan is in good standing.
6. Default:The outstanding balance shall be due and payable upon rental, sale, transfer, or failure to
comply with the terms of the SHIP mortgage, loss of homestead exemption, foreclosure or death of
the last surviving homeowner. In the event of the death of the last surviving homeowner, any income
eligible heir residing in the home may assume the SHIP Loan as long as they can obtain title to the
entire property within one (1)year of the death of the last surviving homeowner and the first
mortgagee consents to the assumption of their loan.
In the event of divorce by the occupants married to each other and after title has been vested, so long
as one of the original owners remains on title and has homestead exemption, the party remaining in
the home shall be considered in compliance with the existing terms and conditions.
f. Recipient/Tenant Selection Criteria: Applications processed on a "First qualified, First Served" basis.
g. Sponsor Selection Criteria: N/A
h. Additional Information: N/A
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E. AFFORDABLE RENTAL CONSTRUCTION/REHABILITATION Code 14, 21
a. Summary: Funds provided for the construction or rehabilitation of affordable rental housing units.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, low and moderate and households up to 140%AMI
d. Maximum award: $40,000.00 per unit
e. Terms:
1. Repayment loan/deferred loan/grant: Deferred payment loan secured by a recorded note and
mortgage.
2. Interest Rate: 0% Non Profit—3% For Profit
3. Years in loan term: Fifteen (15)
4. Forgiveness: Not-for-Profit entities, full loan amount forgiven at maturity. For-Profit entities, full loan
amount due at maturity.
5. Repayment: None due as long as the loan is in good standing
6. Default: Due and payable in full upon sale or transfer of the property or failure to comply with the
terms of the SHIP Rental Monitoring Agreement or Land Use Restriction Agreement(LURA). SHIP set
aside units assisted under this strategy must maintain rents that do not exceed the rent maximums
published annually by the Florida Housing Finance Corporation. SHIP recipients that offer rental
housing for sale within fifteen years of the SHIP award must give a right of first refusal to eligible non-
profit organizations for purchase at the current market value for continued occupancy by eligible
persons.
f. Recipient/Tenant Selection Criteria: Eligible residents will be selected on a "First Qualified, First Served"
basis.
g. Sponsor/Sub-recipient Selection Criteria: Priority will be given to those sponsors demonstrating
innovative design, green building principles, storm resistant construction or other elements that reduce
long term costs relating to maintenance, utilities or insurance.
Priority#1 shall be to provide funding for the preservation of Assisted Housing Units.The tiebreaker
within Priority#1 shall be the lowest SHIP per unit cost.
Priority#2 Applications proposing the rehabilitation of existing affordable rental units, ranked in the
following order:
2a. Proposing the longest period of affordability
2b. Serving very low-income tenants
2c. Serving substantially(%)very low-income tenants
2d. Serving low-income tenants
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2e. Serving substantially(%) low-income tenants
2f. Serving moderate-income tenants
The tiebreaker shall be the lowest SHIP per unit cost.
Priority#3 Applications proposing the creation of the new rental units by construction or rehabilitation, ranked in
the following order:
1a. Proposing the longest period of affordability
1b. Units serving very low-income tenants
1c. Units serving substantially(%)very low-income tenants
1d. Serving low-income tenants
1e. Serving substantially(%) low-income tenants
if. Serving moderate-income tenants
The tiebreaker shall be the lowest SHIP per unit cost.
h. Additional Information: All entities funded under this strategy will be required to execute a SHIP Rental
Monitoring Agreement and Land Use Restriction Agreement (LURA)for a minimum term of fifteen (15)
years.
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F. AFFORDABLE RENTAL DISASTER RELIEF Code 16
a. Summary: Funds will be provided for the rehabilitation of affordable rental units affected by a
disaster as declared by executive order signed by the President or Governor.
b. Fiscal Years Covered: 2022-2023, 2023-2024, 2024-2025
C. Income Categories to be served:Very low, low and moderate and households up to 140%AMI
d. Maximum award: $35,000.00 per unit
e. Terms :
1. Repayment loan/deferred loan/grant: Deferred payment loan secured by a recorded note and
mortgage and Land Use Regulations Agreement.
2. Interest Rate: 0
3. Years in loan term: Fifteen (15)
4. Forgiveness: The loan balance will be forgiven at maturity.
5. Repayment: None due if the loan is in good standing.
6. Default: Principal and interest shall be due upon the sale or transfer of the property. If during the
affordability period the property is sold or transferred to an eligible nonprofit organization approved
by the County that agrees to execute all SHIP loan documents for the affordability period originally
specified, no payment is due on the loan.
f. Recipient/Tenant Selection Criteria:Tenants will be processed on a "First Qualified, First Served" basis.
g. Sponsor Selection Criteria: Priority will be given to non-profit sponsors who own deed and income
restricted properties in need of repair as a result of a disaster for the preservation of assisted housing
units and long-term affordability for very-low, low, and moderate, income tenants
h. Additional Information:Eligible costs include all hard and soft costs associated with the rehabilitation of
the property.
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III. LHAP Incentive Strategies
In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives
with the policies and procedures used for implementation as provided in Section 420.9076, F.S.:
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited
to a greater degree than other projects.
Established policy and procedures: The Monroe County Year 2030 Comprehensive Plan
and Land Development Code and Code of Ordinances establish procedures for expediting
the development of affordable housing projects.
Provide a description of the procedures used to implement this strategy: Affordable
housing permit applications are not required to go through the competitive ROGO (Rate
of Growth Ordinance) process. Additionally, any development order or development
permit for affordable housing receives priority in processing and review of applications
and permits, per Section 9-2(b) of the Monroe County Code.
Responsible Agency: Monroe County Building Department and Planning & Environmental
Resources Department
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances, regulations and plan
provisions that increase the cost of housing prior to their adoption.
Established policy and procedures:
1. Section 9-3 of the Monroe County Code states: All ordinances, policies, resolutions,
regulations, and comprehensive plan provisions (regulations) that may affect the cost
of housing including those regarding infrastructure, permitting, impact fees, or
development process and approvals shall be reviewed by the growth management
director, the planning director, the building official and the finance or budget director.
The assessment shall evaluate whether the new regulation does, in fact, affect the
cost of housing including affordable housing. Such evaluation shall be addressed in
the staff report to the board of county commissioners.
Responsible Agency: Monroe County Planning & Environmental Resources and
Monroe County Building Department
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2. The County allows applicants to apply to the Board of County Commissioners to waive
building permit application fees for affordable housing (Section 6-108(e), Monroe
County Code).
Responsible Agency: Monroe County Building Department
3. The adopted Fee Resolution for the Planning & Environmental Resources Department
provides that there shall be no application or other fees, except advertising and
noticing fees, for affordable housing projects, except that all applicable fees shall be
charged for applications for all development approvals required for any development
under Sec. 139-2(b) (Transfer of ROGO Exemptions from Mobile Home Parks) and for
applications for variances to setback, landscaping and/or off-street parking
regulations associated with an affordable housing development.
Responsible Agency: The Monroe County Planning and Environmental Resources
Department and Monroe County Building Department
Other Incentive Strategies Adopted:
C. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedure: The County waives impact fees for all affordable
housing permits, pursuant to Comprehensive Plan Policy 601.1.12, Section 139-1(b)(4)
and Chapter 126 of the Land Development Code.
Monroe County Comprehensive Plan Policy 601.1.12: Monroe County shall annually
monitor the eligibility of the occupants of housing units which have received special
benefits, including but not limited to those issued under the affordable housing
provisions specified in the Land Development Code or those issued through the Permit
Allocation System. If occupants no longer meet the eligibility criteria specified in the
Plan and in the Land Development Code, and their eligibility period has not expired,
then Monroe County may take any one or a combination of the following actions:
1. require the payment of impact fees, if they were waived;
2. proceed with remedial actions through the Department of Code Compliance, as a
violation of the Monroe County Code;
3. take civil court action as authorized by statute, common law, or via agreement
between an applicant and the County; and/or
4. require the sale or rental of the unit(s) to eligible occupants.
Monroe County Code Chapter 126 — Impact Fees, Section 126-4(h)(6): Type of
Development Not Affected. ... (6) Affordable or employee housing units (as defined in
section 101-1) for which a deferred payment of impact fees has been recorded in the
chain of title.
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Monroe County Code Section 139-1 Affordable and employee housing; administration:
139-1(b)(4) The requirements of this Land Development Code for the provision of impact
fees shall be waived for affordable and employee housing and any market rate housing
developed in accordance with subsection (b)(8) of this section.
Responsible Agency: Monroe County Building Department and Planning & Environmental
Resources Department
D. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
1) Pursuant to Sections 130-157 and 139-1(b)(1) of the Land Development Code, the
following density bonuses are allowed for affordable and employee housing: a
Maximum Net Density of 25 dwelling units per buildable acre for land within an Urban
Residential (UR) land use district; a Maximum Net Density of 18 dwelling units per
buildable acre for land within a Mixed Use (MU) land use district; a Maximum Net
Density of 18 dwelling units per buildable acre for land within a Suburban Commercial
(SC) land use district; and a Maximum Net Density of 12 dwelling units per buildable
acre for land within an Urban Commercial (UC) land use district.
Responsible Agency: Monroe County Planning & Environmental Resources
Department
2) Pursuant to Section 139-1(b)(2) of the Land Development Code, the maximum net
residential density allowed per district and by this section shall not require
Transferable Development Rights (TDR) for affordable and employee housing and
market rate housing developed in accordance with subsection (b)(8) of this section.
This allows a higher density for affordable and employee housing without the transfer
and retirement of additional density.
3) Pursuant to Section 139-1(b)(5), the County allows the construction of affordable
housing units on nonresidential sites, including hotel/motel density development,
without deducting from the commercial floor area allowed when calculating density,
any existing lawfully established or proposed affordable or employee housing on a
parcel and the floor area thereof shall be excluded from the calculation of the total
gross nonresidential floor area). Providing a 'density bonus' for the development of
affordable or employee housing on the site with the nonresidential use.
Responsible Agency: Monroe County Planning & Environmental Resources
Department
E. Name of Strategy: Reservation of Infrastructure Capacity for Affordable Housing
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Established policy and procedure: Monroe County prepares an annual Public Facilities
Capacity Report. This Report indicates that there is sufficient infrastructure capacity to
accommodate the needs of County residents.
Responsible Agency: Monroe County Planning & Environmental Resources Department
F. Name of Strategy: Allowance of Affordable Accessory Residential Units in Residential
Zoning Districts
Established policy and procedure: Additions and accessory bedrooms may be permitted
on developed parcels as an accessory use/structure. The accessory use/structure must be
consistent with existing density and Rate of Growth Ordinance (ROGO) requirements
specified within the Land Development Code and the Monroe County Comprehensive
Plan. Accessory uses/structures do not include second dwelling units, guest houses, lock-
outs or any other potentially habitable structures that are occupied by a separate and
independent resident/household.
Responsible Agency: Monroe County Planning & Environmental Resources Department
G. Name of Strategy: Reduction of parking and setback requirements for affordable
housing
Established policy and procedure: Pursuant to Sections 102-186 and 102-187, off-street
parking requirements may be granted variances if the requisite criteria can be met.
Pursuant to Section 131-3(c), any required off-street parking spaces may be located on an
accessory driveway within the front yard setback on a parcel developed exclusively with a
residential use, provided it does not occupy more than 60 percent of the required front
yard setback area and any vehicle utilizing such an off-street parking space shall be
properly licensed and operable.
Responsible Agency: Monroe County Planning & Environmental Resources Department
H. Name of Strategy: Allowance of Flexible Lot Configurations
Established policy and procedure: Monroe County allows flexible lot configurations to the
extent setback and buffer yard requirements are met. Pursuant to Sections 102-186 and
102-187, variances to setback and buffer yard requirements may be granted if the
requisite criteria can be met.
Pursuant to Sections 110-110 and 110-111 of the Land Development Code, there is a
process to request a lot line adjustment for lots in a duly recorded lot as shown on a plat
approved by the County. The resulting lots configured in the lot line adjustment process
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must meet the minimum requirements for a building site pursuant to the Land
Development Code and Comprehensive Plan. All resulting lots will conform to the site
development standards of the applicable zoning district.
Responsible Agency: Monroe County Planning & Environmental Resources Department
I. Name of Strategy: Modification of Street Requirements
Established policy and procedure: Monroe County allows internal street configurations
that meet life safety criteria.
Responsible Agency: Monroe County Planning & Environmental Resources Department &
Engineering Department
J. Name of Strategy: Inventory of County Owned Property Suitable for Affordable Housing
Established policy and procedures: Pursuant to Section 125.379, Florida Statutes, the
County has prepared and will continue to provide an inventory of possible sites suitable
for affordable housing. (Comprehensive Plan Policy 601.1.3)
On April 21, 2021, the Monroe County BOCC reviewed the updated inventory of County
owned sites which may be appropriate for use as affordable housing. The inventory
includes two developed parcels and two vacant parcels. The two developed parcels were
also included in the 2015 approved inventory.
Responsible Agency: The Clerk of Court has the list of properties approved by the Board
of County Commissioners in Resolution 167-2021. Monroe County Planning &
Environmental Resources Department.
K. Name of Strategy: Support development near transportation hubs and major
employment centers and mixed-use developments
Established policy and procedures:
1) Pursuant to Sections 130-157 and 130-139(b)(1) of the Land Development Code,
the following density bonuses are allowed for affordable and employee housing
within zoning districts that allow commercial and mixed use development: a
Maximum Net Density of 18 dwelling units per buildable acre for land within a
Mixed Use (MU) land use district; a Maximum Net Density of 18 dwelling units per
buildable acre for land within a Suburban Commercial (SC) land use district; and a
Maximum Net Density of 12 dwelling units per buildable acre for land within an
Urban Commercial (UC) land use district.
Responsible Agency: Monroe County Planning & Environmental Resources
Department
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2) Livable CommuniKeys Plans (LCP) have been adopted by the Board of County
Commissioners for Key Largo, Tavernier, Big Pine Key and No Name Key, Stock
Island, and the Lower Keys. These LCPs identify activity centers that encourage the
development of affordable housing near identified mixed use and employment
centers. Proposed amendments to the Land Development Code also incorporate
these areas as community center zoning overlay districts.
Responsible Agency: Monroe County Planning & Environmental Resources
Department
3) Policy 601.1.5 of the Monroe County Comprehensive Plan states: If Monroe
County funding, or if County-donated land is to be used for any affordable housing
project, alternative sites shall be assessed according to the following guidelines:
4. Proximity to employment and retail centers. Sites within five miles of
employment and retail centers shall be preferred. [9J-5.010(3)(c)(5)]
Responsible Agency: Monroe County Planning & Environmental Resources
Department
4) Pursuant to Section 114-15 of the Land Development Code, nonresidential and
multi-family uses generating over two thousand (2,000) trips per day shall be
developed to encourage mass transit, by including features such as: transit
facilities, including covered bus shelters, pedestrian/bicycle paths, bicycle racks,
carpool facilities, adequate turning radii for large vehicles, and pedestrian access
to adjacent nonresidential and multi-family uses.
Responsible Agency: Monroe County Planning & Environmental Resources
Department
L. Name of Strategy: Inclusionary Housing
Residential
Established policy and procedure: Per Section 139-1(e)(2) of the Land Development Code:
a. Residential developments, other than mobile home or mobile home spaces
covered by subsection (e)(2)b. of this section, that result in the development or
redevelopment of three (3) or more dwelling units on a parcel or contiguous
parcels shall be required to develop or redevelop at least 30 percent of the
residential units as affordable housing units. Residential development or
redevelopment of three (3) units on a parcel or contiguous parcels shall require
that one (1) developed or redeveloped unit be an affordable housing unit. For
the purpose of this section, and notwithstanding subsection (e)(2)b. of this
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section, any dwelling unit exceeding the number of lawfully established dwelling
units on site, which are created by either a THE or ROGO allocation award, shall
be considered developed units.
b. The removal and replacement with other types of dwelling units of ten (10) or
more mobile homes that are located on a parcel or contiguous parcels and/or
the conversion of mobile home spaces located on a parcel or contiguous parcels
into a use other than mobile homes shall be required to include in the
development or redevelopment a number of affordable housing units equal to at
least 30 percent of the number of existing units being removed and replaced or
converted from mobile home use or, in the event the new use is nonresidential,
to develop affordable housing units at least equal in number to 30 percent of the
number of mobile homes or mobile home spaces being converted to other than
mobile home use. Removal and replacement or conversion to a different use of
ten (10) mobile homes or mobile home spaces on a parcel or contiguous parcels
shall require that three (3) units be replaced or converted to deed-restricted
affordable housing.
c. In calculating the number of affordable housing units required for a particular
project, or phase of a project, all dwelling units proposed for development or
redevelopment or mobile homes or mobile home spaces to be converted from
mobile home use shall be counted. In phased projects, the affordable housing
requirements shall be proportionally allocated among the phases. If a
subsequent development or redevelopment is proposed following a prior
development approved on the same property as it existed as of the effective
date of the ordinance (ORD 030-2003, 017-2006, 011-2008 and 006-2016) from
which this section is derived, which prior development did not meet the
compliance thresholds set forth in subsection (e)(2)a. or (d)(2)b. of this section,
the requirements of subsection (e)(2)a. or (e)(2)b. of this section shall be met as
part of the subsequent development for all units proposed for development or
redevelopment.
Nonresidential and Transient
Ordinance 001-2021 was adopted by the Monroe County BOCC on February 17, 2021
which created an inclusionary housing requirement to address nonresidential and
transient development to ensure that affordable housing is provided to the local
workforce by employee generating development proportionate with the need for
affordable workforce housing it creates.
The established policy and procedure is set forth in Section 139-1(f) of the Land
Development Code. The intent of the section is to ensure that there is an affordable
supply of housing for the local workforce. This will be accomplished by requiring
workforce housing be provided for all new development and redevelopment in an
amount proportionate to the need for affordable workforce housing that the
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nonresidential and transient use development or redevelopment creates. The intent of
this subsection is to permit nonresidential and transient use owners to continue to
establish uses consistent with the current building and safety standards and to ensure
that as development and redevelopment occurs, comprehensive plan policies regarding
affordable housing are implemented.
The technical support and analysis upon which the nonresidential inclusionary housing
requirements are established are based upon the 'Affordable Workforce Housing Support
Study for Non-Residential Development,' prepared by Clarion Associates, LLC, prepared in
June 2017.
Responsible Agency: Monroe County Planning & Environmental Resources Department
Recommendation: Monroe County shall maintain land development regulations on
inclusionary housing.
M. Name of Strategy: Mobile Home Park Incentive Program
Established policy and procedure: Section 139-2(b) of the Land Development Code
establishes incentives for affordable housing development by allowing the transfer of
market rate ROGO exemptions within the ROGO subarea from mobile home parks in
exchange for maintaining an equal or greater number of deed-restricted affordable
dwelling units within Monroe County.
This program provides an eligible sender site owner the opportunity to transfer market
rate ROGO exemptions currently associated with existing and lawfully established
dwelling units from eligible sender sites to receiver site(s) within Monroe County,
provided that it involves the pooling of affordable dwelling unit rights for
redevelopment at donated, purchased or otherwise appropriately deed-restricted sites,
and transfer of ROGO exemptions or allocations for the purpose of implementing and
facilitating one or more affordable housing projects.
Responsible Agency: Monroe County Planning & Environmental Resources Department
N. Name of Strategy: Employee Housing, Commercial Apartments, and Workforce Housing
as Permitted Uses
Established policy and procedure: The Monroe County Land Development Code currently
permits "Employee Housing" and/or "Commercial Apartments" in several Land Use
(Zoning) Districts where residential units are not otherwise permitted. Per Section 101-1
of the code:
Employee housing means an attached or detached dwelling unit that is intended to serve
as affordable, permanent housing for working households, which derive at least 70
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percent of their household income from gainful employment in the county and meet the
requirements for affordable housing as defined in this section and as per section 130-161.
Commercial apartment means an attached or detached residential dwelling unit located
on the same parcel of land as a nonresidential use that is intended to serve as permanent
housing for the owner or employees of that nonresidential use. The term does not
include a tourist housing use or vacation rental use.
Ordinance 001-2021 was adopted by the Monroe County BOCC on February 17, 2021
which created a definition for "workforce" and "workforce housing" as a part of a larger
ordinance to create an inclusionary housing requirement to address nonresidential and
transient development. The new Workforce housing use is interchangeable with the
terms detached or attached dwellings, employee housing or commercial apartments
included in the land use districts and shall be a permitted use in all land use districts
where detached dwelling, attached dwellings, employee housing or commercial
apartments are included as a current permitted use. The adopted definitions are
consistent with the recommendation from the AHAC specified in Resolution 01-2016.
Established definitions in LDC Section 101-1:
Workforce means individuals or families who are gainfully employed supplying goods
and/or services to Monroe County residents or visitors.
Workforce Housing means dwelling units for those who derive at least 70% of their
income as members of the Workforce in Monroe County and who meet the affordable
housing income categories of the Monroe County Code. Workforce housing shall be
interchangeable with the terms detached or attached dwellings, employee housing or
commercial apartments included in the land use districts and shall be a permitted use in
all land use districts where detached dwelling, attached dwellings, employee housing or
commercial apartments are included as a current permitted use. An applicant choosing to
develop workforce housing is subject to the requirements of Chapter 139 and all other
requirements included in the land development code, including but not limited to,
density, parking, buffer yards, access, etc.
Responsible Agency: Monroe County Planning & Environmental Resources Department
O. Name of Strategy: Purchase and Lease Back Program
Established policy and procedure: The County has a purchase and lease-back program for
affordable housing.
Additionally, the County has actively participated in the federal and state grant
opportunities made available after Hurricane Irma to acquire and redevelop mobile parks
as workforce housing. The County has applied for a Community Development Block Grant
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- Disaster Recovery (CDBG-DR) grant to fund the property's purchase price and
development costs.
Responsible Agencies: Monroe County Land Development Authority; Monroe County
Housing Authority and Monroe County Attorney's Office.
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