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HomeMy WebLinkAboutResolution 061-2026 `RESOLUTION NO. -2026 A RESOLUTION OF THE MONROE COUNTY BOARD 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 tobe used by staff to selectlessees 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, Resolution 439-2025 includes additional selection process to be used when the lottery process is unsuccessful, unit(s) are advertised on an open-until-filled basis; and WHEREAS, the BOCC wishes to adjust the maximum allowable rent amount for the Southcliff Estates unit designated to BOCC employees; 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 Monroe County Board of County Commissioners Resolution 439-2025 is hereby repealed andreplacedinits entirety by this resolution, and any and all other resolutions or parts of resolutions in conflict with this resolution are hereby rescinded to the extent of suchconflict. Section 2. Recitals. The foregoing “WHEREAS” clauses are hereby ratified and confirmed as being trueand correct and hereby made a specific part of this resolution. Section 3. Definitions.The following defined termsare used insubsequent sections: 1. Household Members meansall 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 onlybe available to applicants or occupants who possess no ownership interest in a residential property in Monroe County orthe 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 aspart of the application. Afterthe applicationdeadline, 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. Section6.RestrictionsonApplications. 1. One bedroom units will be availabletoall qualified applicants. 2. Two bedroomunits will beavailable to applicants who have at leasttwo Household Members. 3. Three bedroom units will be restricted to qualifiedapplicantswithaminimum 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 availabletoall qualified applicants. 2. Two bedroomunits will beavailable to applicants who have at leasttwo Household Members. 3.Threebedroomunitswillberestrictedtoqualifiedapplicantswithaminimumof three Household Members. 4.Applicantmusthavearecommendationfromapplicant’sdepartmenthead. 5. On income restricted units, applicant’s household must continue to meet the income restrictions. Section 8. Lease Terms. 1. Leases will befor one year. 2.Leasedpropertymustbeaprimaryresidence. 3.Securitydepositisonemonth’srent. 4.MonthlyutilitybillsaretheLessees’responsibility. 5.LeasesmayberenewedsubjecttotheBOCC’srulesoftheprogram. 6. There is no limiton thenumberofrenewals subject to the applicant remaining eligible for the unit. 7.Petsaresubjectto approvalbytheCountyAdministratorordesignee. 8. Leases shall include an early termination provision in the event the qualified applicant leaves County employment. Section 9. Establishment of Rent. 1. Forunits established with affordable restrictions (or otherwise restricted toaffordable 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 dateof the unit lease. 2.Forunitsthatarenotestablishedwithaffordablerestrictions)themonthlyrentwillbe the lesser of: 22.5% of the Household Incomeor the maximum allowable rent for thetype of unit under the HUD affordable housing guidelineforMedian Income in effect on the inception date of the unit lease. 3. For the employee designated unit at the South Cliff complex the monthly rent will be the lesser of: 22.5% of the Household Income, or the maximum rental amount charged to qualifying non-employees for an equivalent unit in the same apartment or multi-family complex. 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 favorof the Monroe County Board of County Commissioners, and such construction and interpretation shall be entitledtogreat weight in adversarial administrative proceedings, civilactions, inbankruptcy, and on appeal. Section 12. Non-Reliance by Non-Parties and No Third-Party Rights or Beneficiaries. Nothingcontainedherein 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 orany provision hereofto enforce or attempt toenforce 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 wayshall be deemed tohave 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 15. Severability. If any provision of this Resolution, or any partorportion 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 continueunimpaired infullforce and effect.