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Resolution of the City of Jersey City, N.J.

Resolution of the City of Jersey City, N.J.

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<strong>City</strong> Clerk File No. Res. 09-878Agenda No.10.GApproved: OCT 282009TITLE:RESOLUTION AUTHORIING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITHTHE DEVELOPERJP AFFORDABLE HOUSINGHOLDING COMPAN, INC. TO ENABLE THE OWNERS OF TWO FAMILYHOMES TO CHAGE A FIXED BASK RENT RATHER THAN A RENT BASEDON THE TENANT'S INCOMEWHEREAS, on or about May 22, 1995, <strong>the</strong> <strong>City</strong> <strong>of</strong> <strong>Jersey</strong> <strong>City</strong> (<strong>City</strong>) entered into a twenty (20) yearAffordable Housing Agreement with JP Affordable Housing Holding Company, Inc. (JPAH),scattered site, to construct and sell twenty (20) two-family dwellings for a total <strong>of</strong> fort units <strong>of</strong>affordable housing at <strong>the</strong> addresses listed on Exhibit "A" attched hereto; andWHEREAS, <strong>the</strong> Affordable Housing Agreement requires that <strong>the</strong> purchaser <strong>of</strong> a two-family homereside in one unit and rent <strong>the</strong> second unit to an income qualified tenant at a rental rate not to exceedmore than 30% <strong>of</strong>a tenant's anual family income; andWHEREAS, <strong>the</strong> homeowners listed on Exhibit "A" are <strong>the</strong> successors in interest to <strong>the</strong> AffordableHousing Agreement with JPAH dated May 22, 1995; andWHEREAS, <strong>the</strong> curent restrictions tying rents to tenant incomes result in unpredictable fluctuationsin rents which could jeopardize <strong>the</strong> financial viability <strong>of</strong> <strong>the</strong> affordable housing unit; andWHEREAS, <strong>the</strong> <strong>City</strong> desires to amend <strong>the</strong> Affordable Housing Agreement to allow homeownersto charge a fixed based rent that will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section II(B)(l)(b) <strong>of</strong> <strong>the</strong>Affordable Housing Agreement to establish a new base rent that will allow for anual incrementsbased on <strong>the</strong> Home Program Rent Limits published in <strong>the</strong> Federal Register.NOW, THEREFORE BE IT RESOLVED, by <strong>the</strong> Muncipal Council <strong>of</strong>that:<strong>the</strong> <strong>City</strong> <strong>of</strong> <strong>Jersey</strong> <strong>City</strong>1. Section II(B)(l)(b) is amended to establish <strong>the</strong> base rents listed on Exhibit "A" attchedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase <strong>the</strong> base rents anually upon recertifyingtenants.RRlcwROVED AS TO LEGAL FORMc:Certificátion Required DCorporation CounselRECORO OF COUNCil VOTE ON FINAL PASSAGE 10728/09COUNCllPERSON AYE NAY N.V. COUNCllPERSON AYE NAY N.V. COUNCllPERSON AYE NAY N.V.SOnOLANO ./ GAUGHAN ./ BRENNAN .I.DONNElLY .I FULOP ./ FLOOD ,¡ /LOPEZ ./ RICHARDSON ./ VEGA, i/,l Indicates VoteAut a meeting <strong>of</strong> <strong>the</strong>al Council <strong>of</strong> tl)e <strong>City</strong> <strong>of</strong> <strong>Jersey</strong> <strong>City</strong>, N.J.Not Required 0 APPROVED 9 0-N.V.-Not Voting (Abstain)Peter M. Brennan.President <strong>of</strong> Council

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