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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. 09-880Agenda No.10.1Approved: OCT 2 8 2009TITLE:RESOLUTION AUTHORIZING AN AMENDMENT TO AN AFFORDABLEHOUSING AGREEMENT WITH THE DEVELOPER V GUPTA & COMPANTO ENABLE THE OWNERS OF TWO-FAMILY HOMES TO CHARGE AFIXED BASE RENT RATHER THAN A RENT BASED ON A TENANT'SINCOMEWHEREAS, on or about June 24, 1999, <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 V Gupta & Company (VGC) to construct and sell ten tw<strong>of</strong>amilydwellings for a total <strong>of</strong> twenty units <strong>of</strong> affordable housing at <strong>the</strong> addresses listed on Exhibit"A" attached hereto; andWHEREAS, <strong>the</strong> Affordable Housing Agreement requires that <strong>the</strong> purchaser <strong>of</strong> a two-family home.reside 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 VGC dated June 24, 1999; 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 homeon,nersto charge a fixed based rent that <strong>the</strong>y will be permitted to increase anually; andWHEREAS, to accomplish this purose it is necessar to amend Section Il(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 Home Program Rènt Limits published in <strong>the</strong> Federal Register.NOW, THEREFORE BE IT RESOLVED by <strong>the</strong> Municipal 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" attachedhereto and incorporated herein by reference for 2009; and2. The homeowners shall be permitted to increase <strong>the</strong> base rents anually upon recertifYingtenants.RRcw8-7-09APPROVED:APPROVED:PP':/ED AS TO LEGAL FORM:z 'Corporation CounselCertification Required 0Not Required o APPROVED '1~O1')0 I' ,,'RECORD OF COUNCIL VOTE ON FINAL PASSAGEinCOUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V.SOnOLANO ./ GAUGHAN / BRENNAN/ /FULOP/~ FLOODLOPEZ ,/ RICHARDSON./ VEGA,i/,l Indicates VoteV a meeting , '2 <strong>of</strong> th~iPal f( OJ' Council <strong>of</strong> <strong>the</strong> <strong>City</strong> <strong>of</strong> <strong>Jersey</strong> <strong>City</strong>, N.J.Peter M. Brennan. President <strong>of</strong> CouncilN.V.-Not Voting (Abstain)ac"~

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