HomeMy WebLinkAboutResolution 439-2025 RESOLUTION NO. 439-2025
A RESOLUTION OF THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS (`BOCC")
ESTABLISHING THE METHOD O F
SELECTION OF LESSEES ; SETTING
LEASE TERMS ; AND ESTABLISHING
THE METHOD FOR SETTING THE
RENTAL RATES FOR COUNTY OWNED
EMPLOYEE HOUSING 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; and
WHEREAS, Resolution 088-2023 describes a lottery process for awarding units to
applicants, and certain unit(s)were unable to be filled through this process; and
WHEREAS,it is in the County's best interest to implement an additional selection process
to be used when the lottery process is unsuccessful, whereby unit(s) are advertised on an open-
until-filled basis.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Monroe County, Florida, that:
Section 1. Monroe County Board of County Commissioners Resolution 088-2023 is hereby
repealed and replaced in its entirety by this resolution, and any and all other resolutions or parts
of resolutions in conflict with this resolution are hereby rescinded to the extent of such conflict.
Section 2 Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and hereby made a specific part of this resolution.
Section 3. Definitions. The following defined terms are used in subsequent sections:
L 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 4. Eligibility. 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 5. 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. If the unit(s) are unable to be filled through the
process above and remain vacant, such unit(s) shall be advertised on an open-until-filled basis.
Applicants shall be considered in the order applications are received.
Section 6 Restrictions on AnnlicatlonS.
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 designee.
Section 7 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 8. 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 designee.
8. Leases shall include an early termination provision in the event the qualified
applicant leaves County employment.
Section 9 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
0 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 10. 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 11. 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.
Section 12. 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 13. 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 14. 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, exemptlon, or protection against
t .
any suit, cause-of-action, demand, or liability.
Section 15. 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 held on the l 5th of October
g g •
2025.
M Mayor James K. Scholl Yes
MayorMichelle
. ' ..
Pro Tern . helle L1 ncoln Yes
1. Craig Ca
tes Yes Commissioner rag
David Rice
Commissioner a Yes
Merrill R h in
•
Commissioner Holly asc e
es
BOARDCOMMISSIONERS OF COUNTY COMM:SSIONERS
OF MONROE COUNTY,. FLORIDA
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AS DEPUTY CLERK
Approved for form and legal sufficiency
Digitally signed by Jeni-Lee -. --''
Jeni-Lee MacLaughlin'MacLaughlin I
g Date:2025.10.23 09:45:14-04'00'
Jeni-Lee MacLaughlin, Assistant County Attorney