Bill Text: FL S1716 | 2018 | Regular Session | Introduced

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Bill Title: Housing Assistance

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2018-03-10 - Died in Community Affairs [S1716 Detail]

Download: Florida-2018-S1716-Introduced.html

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       Florida Senate - 2018                                    SB 1716
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01664-18                                           20181716__
    1                        A bill to be entitled                      
    2         An act relating to housing assistance; creating s.
    3         420.518, F.S.; authorizing a county or an eligible
    4         municipality participating in the State Housing
    5         Initiatives Partnership Program to establish through
    6         its local housing assistance plan a local government
    7         risk mitigation program; requiring the Florida Housing
    8         Finance Corporation to establish guidelines for the
    9         administration of the local government risk mitigation
   10         program; authorizing certain landlords to file a claim
   11         for property damage or unpaid rent reimbursement;
   12         providing claim and award requirements; amending s.
   13         420.9075, F.S.; revising the percentages of local
   14         housing assistance plan funds that may be used for
   15         specified purposes; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 420.518, Florida Statutes, is created to
   20  read:
   21         420.518 Local government risk mitigation program.—
   22         (1)(a) A county or an eligible municipality participating
   23  in the State Housing Initiatives Partnership Program may
   24  establish through its local housing assistance plan a local
   25  government risk mitigation program consistent with this section
   26  and guidelines established by the corporation.
   27         (b) The corporation shall establish guidelines for the
   28  administration of a local government risk mitigation program.
   29         (2) A landlord providing housing under a local housing
   30  assistance plan created to provide affordable residential units
   31  to persons of very low income, low income, or moderate income or
   32  persons who have special housing needs, pursuant to s. 420.9075,
   33  may file a claim for property damage or unpaid rent
   34  reimbursement with such county or eligible municipality.
   35         (3)(a) A landlord filing a property damage claim must
   36  complete an application on a form prescribed by the corporation.
   37  The landlord must include a copy of the United States Department
   38  of Housing and Urban Development’s “Housing Quality Standards
   39  (HQS) Inspection Checklist” as required under s. 8 of the United
   40  States Housing Act of 1937, 42 U.S.C. s. 1437f; documentation of
   41  the damage, including photographs before and after repairs are
   42  completed; and copies of repair receipts for labor and
   43  materials.
   44         (b) Properly submitted claims must be reviewed within 2
   45  business days after receipt of the application.
   46         (c) A property damage claim of less than $300 may be
   47  awarded to a landlord without an inspection of his or her rental
   48  unit.
   49         (d) A property damage claim of $300, but not more than
   50  $2,000, for a 1-bedroom unit or $300, but not more than $3,000,
   51  for a multi-bedroom unit may be awarded to a landlord upon
   52  inspection of his or her rental unit after repairs are
   53  completed.
   54         (e) A local government may not reimburse a landlord more
   55  than 75 percent of the claimed damages in excess of any amounts
   56  he or she recoups from a security deposit or homeowners’
   57  insurance.
   58         (f) Claims may only be awarded for damage to a rental
   59  unit’s interior walls; doors; cabinets; windows; flooring,
   60  including tile and carpet; and household fixtures, including
   61  disposals, toilets, sinks, sink handles, and lighting fixtures:
   62         1. Occurring on or after September 1, 2018;
   63         2. Occurring while a tenant occupies such unit and is under
   64  a rental agreement;
   65         3. Exceeding normal wear and tear;
   66         4. Which is not reimbursed by a security deposit or
   67  homeowners’ insurance; and
   68         5. Relating to the unit the tenant has leased.
   69         (4) A landlord filing an unpaid rent claim must complete an
   70  application on a form prescribed by the corporation. A claim may
   71  be submitted for:
   72         (a) A unit holding fee, if the landlord has approved an
   73  applicant for a residential unit, but the applicant is not
   74  available to sign the lease or move into the unit on the
   75  available move-in date. If the landlord’s application is
   76  approved, the local government risk mitigation program must
   77  reimburse the landlord a fee of $150 to hold the unit for the
   78  tenant for 14 days or $250 to hold the unit for the tenant for
   79  30 days.
   80         (b) Reimbursement of up to 3 months’ unpaid rent during the
   81  tenant’s occupancy, minus the security deposit. Claims for
   82  unpaid rent may only be awarded for leases signed on or after
   83  September 1, 2018, if the landlord:
   84         1. Provides documentation of unpaid rent during the
   85  tenant’s occupancy and documentation of the landlord’s efforts
   86  to collect such rent; and
   87         2. Provides documentation that the funds from the tenant’s
   88  security deposit were applied to the unpaid rent, receipts
   89  documenting how the security deposit funds were used if they
   90  were not applied to the unpaid rent, or documentation that a
   91  security deposit was not paid by the tenant.
   92         (c) Reimbursement of the full rental assistance amount,
   93  excluding rent owed by the tenant, for the remaining lease
   94  period after a tenant abandons the unit or until the unit is
   95  rerented, whichever occurs first. However, such reimbursement
   96  may not exceed 2 months’ rent, minus the security deposit, and
   97  may only be awarded for leases signed on or after September 1,
   98  2018, if the landlord:
   99         1. Provides a copy of the lease documenting the tenant’s
  100  move-in date;
  101         2. Provides documentation of the date the unit was
  102  abandoned by the tenant; and
  103         3. Provides documentation that the unit remained vacant for
  104  the duration of the lease period for which reimbursement is
  105  requested.
  106         Section 2. Paragraphs (b) and (c) of subsection (5) of
  107  section 420.9075, Florida Statutes, are amended to read:
  108         420.9075 Local housing assistance plans; partnerships.—
  109         (5) The following criteria apply to awards made to eligible
  110  sponsors or eligible persons for the purpose of providing
  111  eligible housing:
  112         (b) Up to 40 25 percent of the funds made available in each
  113  county and eligible municipality from the local housing
  114  distribution may be reserved for rental housing for eligible
  115  persons or for the purposes enumerated in s. 420.9072(7)(b), of
  116  which up to 10 percent may be used to establish a local
  117  government risk mitigation program for the purposes in s.
  118  420.518 if an equivalent percentage of local matching funds is
  119  made available.
  120         (c) At least 60 75 percent of the funds made available in
  121  each county and eligible municipality from the local housing
  122  distribution must be reserved for construction, rehabilitation,
  123  or emergency repair of affordable, eligible housing.
  124         Section 3. This act shall take effect July 1, 2018.