San Diego Municipal Code Div. 3 San Diego Housing Commission

(“San Diego Housing Commission” added 9–30–1985 by O–16511 N.S.) (Retitled to “San Diego Housing Commission and Relocation Appeals Board” on 12-1-2016 by O-20746 N.S.; effective 12-31-2016.) (Retitled from “San Diego Housing Commission and Relocation Appeals Board” to “San Diego Housing Commission” on 7-18-2023 by O-21683 N.S.; effective 8-17-2023.)

§98.0301 San Diego Housing Commission¶

(a) Creation of Commission. There is hereby created a Commission to act as a Housing Commission under the Housing Authority Law of the State of California. The name of the Commission shall be the San Diego Housing Commission. The Commission is granted all rights, powers, and duties of a Housing Authority pursuant to the provisions of California Health and Safety Code sections 34200-34380, except those expressly retained by the Housing Authority of the City of San Diego in this section.

(b) Definitions. For purposes of this section, defined terms appear in italics. The
following definitions apply in this section:

Board of Commissioners means the governing body of the Commission
consisting of members appointed through the process in Section 98.0301(f).

Commission means the San Diego Housing Commission, a public agency
created pursuant to the California Health and Safety Code.

Commission President means the President and Chief Executive Officer of the
Commission.

Housing Authority Executive Director means the Commission President.

Housing Authority means the Housing Authority of the City of San Diego, a
public agency created pursuant to the California Health and Safety Code.

Member means a commissioner of the Board of Commissioners.

Persons of low income means a group or family that lacks the amount of
income necessary, as determined by the Housing Authority, to enable it to live
without financial assistance in decent, safe, and sanitary dwellings without
overcrowding.

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(1) Investigate living, dwelling and housing conditions in the City of San
Diego and the means and methods of improving such conditions.

(2) Determine where there is a shortage of decent, safe, and sanitary
dwelling accommodations for persons of low income.

(3) Engage in research, studies and experiments on the subject of housing.

(4) Make recommendations to the Housing Authority for changes or
revisions in Housing Authority policies.

(5) Review and recommend revisions to personnel policies and procedures.

(6) Review and recommend action on annual administrative and operating
budgets.

(7) Perform such other functions not inconsistent with this section that the
Housing Authority or City Council delegates to the Commission by
resolution.

(d) Administrative Functions. The Board of Commissioners’ administrative
functions include the following:

(1) Approve plans and specifications, authorize advertisements for bids
and proposals, accept and reject bids and proposals, and approve
expenditures for goods, services, public works, land clearance, loans,
grants, claims, leases and other interests in real property, and other
contracts and agreements; however, the programs, projects or activities
for such expenditures shall have been previously approved by the
Housing Authority, or the expenditures shall be for items included in
budgets previously approved by the Housing Authority.

(2) Approve submission of applications for funds where such applications
do not constitute a binding agreement to accept such funds, if
awarded, and approve contracts for the receipt of such funds.

(3) Approve guidelines for the administration of programs previously
approved and funded by the Housing Authority.

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(4) Review conflict of interest codes and submit proposed conflict of
interest codes for City Council approval in accordance with California
Government Code section 82011.

(5) Approve lease forms, grievance procedures, occupancy policies, rent
and utility schedules, tenant council agreements, and other United
States Department of Housing and Urban Development (HUD)-
required documents for the administration of public housing and rent
subsidy programs.

(6) Act upon such other matters not inconsistent with this section that the
Housing Authority or City Council delegates to the Commission by
resolution.

(7) Hold a public hearing before the Housing Authority makes a decision, and (i) forward a written recommendation to the Housing Authority, or (ii) forward the matter to the Housing Authority without a recommendation.

(8) Act upon all other administrative matters in accordance with federal,
state, and local laws and regulations, except the matters set forth
below in sections 98.0301(d)(8)(A)-(E), and except as provided in
section 98.0301(e), in which case, the Board of Commissioners’
actions shall be advisory only, and shall be referred for Housing
Authority action:

(A) The Commission’s annual budget;

(B) Bond issuances and actions related to Tax Equity and Fiscal
Responsibility Act of 1982 (TEFRA) hearings;

(D) Adoption or amendment of any Commission policy; and

(E) Any other matters that are determined to be advisory only by
City Council or Housing Authority resolution.

(e) Finality of Actions.

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(1) All Board of Commissioners’ actions taken pursuant to section
98.0301(d) shall be final seven calendar days after action by the Board
of Commissioners, except for actions taken on the matters set forth in
sections 98.0301(d)(8)(A)-(E), and except as provided in section
98.0301(e)(2).

(2) Any action by the Board of Commissioners may be referred to the
Housing Authority for final action, within seven calendar days after
the date of the action by:

(A) Board of Commissioners’ resolution.

(B) Housing Authority Executive Director written notification to
the Board of Commissioners’ chairperson.

(C) Written notice by two members of the City Council or Housing
Authority, or the City Manager, to the Housing Authority
Executive Director.

(3) If a matter is referred to the Housing Authority for final action in accordance with Section 98.0301(e)(2), the Chair of the Housing Authority, who shall be the Council President, as the role is defined in San Diego Municipal Code section 22.0101, shall set the matter on the next available Housing Authority agenda, and the action taken by the Board of Commissioners shall be advisory.

(4) Housing Authority Notification

(A) The Board of Commissioners shall not act on any of the
following matters unless the Commission President first
provides written notification to the Housing Authority:

(i) Approval of any proposed acquisition, sale, or lease of
real property for a term in excess of five years; or

(ii) Approval of any development project, rehabilitation
loan commitment, or contract for the acquisition of
goods or services, involving the expenditure of more
than $1,000,000.

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(B) The Commission President shall provide the notification at
least seven calendar days in advance of the meeting at which
the action is proposed to be considered, except that, in the
event the Commission President determines it necessary to
place such an action on an agenda fewer than seven calendar
days before a meeting of the Board of Commissioners, the
Commission President shall provide the notification at the time
the Commission President makes that determination, no later
than the time the agenda is posted, and under no circumstances
later than 24 hours in advance of the meeting.

(f) Appointment of Members. The Board of Commissioners shall consist of seven
members who shall be appointed by the Mayor subject to City Council
confirmation.

(1) Two members shall be tenants of Commission-owned units, which include those owned by limited liability companies in which the Commission is the sole member, or recipients of housing assistance pursuant to HUD’s tenant-based housing choice voucher program (Section 8). At least one of the members appointed pursuant to this subsection shall be over 62 years of age. So long as required by federal law, at least one of the members appointed pursuant to this subsection shall be a recipient of housing assistance in the tenant-based housing choice voucher program (Section 8).

(2) Each member, except the two members appointed pursuant to section
98.0301(f)(1), shall have at least five years of experience in one or
more of the following areas: real estate finance, affordable housing,
homelessness, workforce development, healthcare, nonprofit,
education, or community-based organizations. City Council may make
an exception to this requirement when a person with unique
qualifications, but without the required experience, is available to
serve as a member. When nominating a person who does not have the
required experience, the Mayor shall provide information to City
Council regarding the nominee’s unique qualifications to be a member.

(3) The term of office of each member shall be four years, except that the
terms of office of the two members appointed pursuant to
section 98.0301(f)(1) shall be two years as set forth in California
Health and Safety Code section 34272. A member shall hold office
until the member’s successor has been appointed and confirmed.

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(4) Vacancies occurring during a term shall be filled for the unexpired
term by appointment made by the Mayor subject to City Council
confirmation. Whenever the Mayor does not appoint a member within
45 days after a vacancy occurs, the Council shall make such
appointment.

(5) Each member shall receive as compensation the sum of $50 for each
meeting of the Board of Commissioners attended, provided that the
total compensation for each member shall not exceed $100 in any one
month. In addition, each member shall receive necessary travel and
incidental expenses related to member duties. Any member may waive
compensation by filing a written waiver of compensation form with
the Commission President.

(6) For inefficiency, neglect of duty, or misconduct in office, a member
may be removed by majority vote of the City Council.

(g) Organization of the Board of Commissioners. The Board of Commissioners
shall determine the time, place, and frequency of its meetings. Four members
shall constitute a quorum and the vote of at least four members shall be
necessary for any action by the Board of Commissioners. The Board of
Commissioners may adopt rules of procedure for the conduct of its business
and do anything else necessary or proper to carry out its functions in
accordance with federal, state, and local laws and regulations.

(h) Indemnification of Members. To the fullest extent permitted under California
Government Code sections 825, 995, and 995.2, City shall indemnify
members against civil actions brought against them in their individual or
official capacities, or both, and pay judgments and settlements for claims
against the members for matters arising out of acts or omissions occurring
within the scope of their service to the Commission, provided that the member
cooperates and assists with the defense. Any indemnification shall not include
punitive or exemplary damages.

(i) Commission President.

(1) The Housing Authority shall appoint the Commission President, who
may be removed from office by the Housing Authority at any time.

(2) The Commission President shall serve, ex officio, as the Housing
Authority Executive Director.

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(3) The Housing Authority and Board of Commissioners shall direct and review the work of the Commission President. The Board of Commissioners shall conduct an annual performance review of the Commission President and shall present the performance review to the Housing Authority at a properly noticed closed session meeting for approval. The Board of Commissioners shall recommend the Commission President’s annual compensation for Housing Authority approval at a properly noticed open session meeting of the Housing Authority. (Amended 4–25–1994 by O–18062 N.S.) (Amended 12-24-2013 by O-20331 N.S.; effective 1-23-2014.) (Amended 12-1-2016 by O-20746 N.S.; effective 12-31-2016.) (Amended 10-10-2017 by O-20861 N.S.; effective 11-9-2017.) (Amended 9-21-2022 by O-21520 N.S.; effective 10-21-2022.) (Amended 1-13-2023 by O-21592 N.S.; effective 2-12-2023.)

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Article 8: Housing

Exceptions & meaning →