§ 15.63

The purposes of the neighborhood resident and Oakland resident preference policy for affordable housing units are to remedy or mitigate potential displacement and gentrification impacts of redevelopment activities in the City, provide an opportunity for existing Oakland and neighborhood residents to afford the housing provided by the City and stay in Oakland and benefit from the impacts of the City's redevelopment

and community development efforts, encourage neighborhood stability by providing a means for residents who have been active in a community to remain in the community in the face of increasing market rate rents and housing prices, provide an opportunity to neighborhood residents that are living in inadequate housing conditions to move into quality affordable housing units without leaving the community, and preserve existing residents' continued ties to established community institutions and services, including schools, after school programs, community businesses, community centers, and health care providers. The purposes of the Oakland workers preference policy for affordable housing units are to encourage households working in Oakland to live near their workplaces, avoiding the negative environmental and traffic impacts of commuters traveling long distances between their jobs and their residences, and encourage businesses to locate in Oakland to take advantage of the affordable housing opportunities available to their workers. The purpose of the displacee preference policy is to mitigate the effects of displacement and the loss of housing, and achieve the important public purpose of increasing opportunities for displaced residents to return to their community in the face of reduced availability for affordable rental housing.

(Ord. No. 13379, § 2, 7-19-2016)

This policy shall apply to all residential units in housing projects in the City of Oakland that meet all of the following criteria:

1.

The project has five (5) or more attached or detached units, including scattered site housing projects.

2.

The units are restricted as affordable housing to occupancy by or sale to very low, low, and/or moderate income households at a restricted rent or sales price.

3.

The project receives development assistance from the City for new construction or substantial rehabilitation. For purposes of this paragraph, "development assistance" means a grant, below-market rate loan, deferred loan, or a below-market rate lease or sale of real property, and "substantial rehabilitation" means rehabilitation with a level of City development assistance that exceeds twenty-five percent (25%) of the project's after-rehabilitated market value. Projects that receive a density bonus or other incentives from the City under the City's density bonus law shall not be covered unless the project also receives development assistance.

4.

The development assistance was approved by the City Council or the City Administrator (in the case of programs in which the City Administrator has authority delegated by Council to approve funding assistance) after the date this Chapter was adopted.

(Ord. No. 13379, § 2, 7-19-2016)

Owners of housing projects covered by this policy, along with their management agents, shall give preference, as applicable, to the following applicants for affordable housing units:

1.

First preference: to displaced households. For purposes of this Section, a "displaced household" means a household in which a least one adult member has been displaced from a housing unit in Oakland as a result of any of the following:

A.

City code enforcement activities, if the displacement has occurred within one year prior to the date of application.

B.

A City-sponsored or City-assisted development project, if the displacement has occurred within one year prior to the date of application.

C.

A "no fault" eviction from a rental unit in Oakland, if the eviction was completed eight (8) years or less prior to the date of application. For purposes of this paragraph, a "no fault" eviction means an eviction that is evidenced by an eviction notice from the property owner that does not state cause and that gives the tenant thirty (30) days or longer notice to vacate the unit; a "no fault" eviction shall include, but not be limited to an eviction as a result of an owner move-in under Municipal Code Subsection 8.22.360.A.8. or 8.22.360.A.9., owner repairs under Municipal Code Subsection 8.22.360.A.10., or owner removal of the unit from the rental market under Municipal Code Subsection 8.22.360.A.11. or Municipal Code Chapter 8.22, Article III, but shall not be limited only to evictions from units that are covered by any of the above laws. This preference shall apply to the initial rental or sale of a project unit and any subsequent rental or sale of a unit during the applicable affordability period established by the City.

2.

Second preference: to neighborhood residents. For purposes of this Section, a "neighborhood resident" means a household with at least one adult member whose principal place of residence on the date of application is either within the Council District where the project is located or within a one mile radius of said project. This preference shall apply to thirty percent (30%) of all units in the project. This preference shall apply only to the initial rental or sale of a project unit after the City's development assistance has been given to the project.

3.

Third preference: to Oakland residents and Oakland workers. For purposes of this Section, an "Oakland resident" means a household with at least one adult member whose principal place of residence on the date of application is within the City of Oakland. An "Oakland worker" means a household with at least one adult member who is employed by an employer located within the City of Oakland, owns a business

located within the City of Oakland, or participates in an education or job training program located within the City of Oakland. This preference shall apply to the initial rental or sale of a project unit and any subsequent rental or sale of a unit during the applicable affordability period established by the City.

(Ord. No. 13379, § 2, 7-19-2016)

Although the project owner, through its management agent, shall have the primary responsibility to qualify applicants and determine eligibility for any of the above preferences, the City shall have the authority to set qualification standards and verify eligibility for any of the above preferences. This preference policy shall be included as a term in the regulatory agreement, affordability agreement, or other agreement between the City and the project developer.

(Ord. No. 13379, § 2, 7-19-2016)

This preference policy shall not require owners to approve applicants who are otherwise not qualified for renting or purchasing the unit. Preferences shall be non-durational, i.e., there shall be no minimum time period for residency or employment to qualify for the preference. This preference policy shall be applied only if and to the extent that other funding sources for the project do not prohibit the preference. This preference policy shall be applied only if and to the extent that the policy does not violate applicable law.

(Ord. No. 13379, § 2, 7-19-2016)

The City Administrator is hereby authorized to issue rules and regulations implementing the preference policy consistent with this article.

(Ord. No. 13379, § 2, 7-19-2016)

Article II - Requirements for First-Time Homebuyer Program

The purposes of an Oakland residency requirement for first-time homebuyer programs are to ensure that Oakland renters have the opportunity to achieve the benefits of homeownership in Oakland, remedy or mitigate potential displacement and gentrification impacts of redevelopment activities in the City, provide an opportunity for existing Oakland residents to afford the housing provided by the City and stay in Oakland and benefit from the impacts of the City's redevelopment and community development efforts, and encourage neighborhood stability by providing a means for residents who have been active in a community to remain in the community in the face of increasing market rate rents and housing prices. The purposes of an Oakland worker requirement for first-time homebuyer programs are to encourage

households working in Oakland to live near their workplaces, avoiding the negative environmental and traffic impacts of commuters traveling long distances between their jobs and their residences, and encourage businesses to locate in Oakland to take advantage of the affordable homeownership

opportunities available to their workers. The purposes of a displaced household requirement for first-time homebuyer programs are to create a means for residents to return to their communities to improve neighborhood stability and to mitigate the impacts of gentrification and reduced availability of affordable ownership housing.

(Ord. No. 13379, § 2, 7-19-2016)

This policy shall apply to any of the City's mortgage assistance programs for first-time homebuyers.

(Ord. No. 13379, § 2, 7-19-2016)

All recipients of mortgage assistance under the first-time homebuyers program must be either an Oakland resident, an Oakland worker, or a displaced household. For purposes of this Section, an "Oakland resident" shall mean a household with at least one adult member whose principal place of residence on the date of application is within the City of Oakland. An "Oakland worker" shall mean a household with at least one adult member who is employed by an employer located within the City of Oakland, owns a business located within the City of Oakland, or participates in an education or job training program located within the City of Oakland. A "displaced household" shall have the meaning as set forth in Subsection 15.63.030.1 of this Code.

(Ord. No. 13379, § 2, 7-19-2016)

The requirement shall be non-durational, i.e., there shall be no minimum time period for Oakland residency or employment to qualify for the program. This policy shall be applied only if and to the extent that other funding sources for the program do not prohibit the policy. This policy shall be applied only if and to the extent that the policy does not violate applicable law.

(Ord. No. 13379, § 2, 7-19-2016)

The City Administrator is hereby authorized to issue rules and regulations implementing the Oakland residency, worker, and displacee policy consistent with this article.

(Ord. No. 13379, § 2, 7-19-2016)

Chapter 15.64 - BEDROOM WINDOW SECURITY BAR AND SMOKE DETECTOR PERMIT REQUIREMENTS