Chapter 5.01

• 5.01.020 Definitions.

• 5.01.030 Affiliates.

• 5.01.040 Debarment.

• 5.01.050 Director.

• 5.01.060 First-time homebuyer program.

• 5.01.070 Housing guidelines.

• 5.01.075 Housing program.

• 5.01.080 Housing rehabilitation.

• 5.01.090 In-fill housing.

• 5.01.100 Major monetary default.

• 5.01.110 Minor monetary default.

• 5.01.120 Multifamily dwelling unit.

• 5.01.130 Nonmonetary default.

• 5.01.135 Predevelopment.

• 5.01.140 Principal.

• A. "Affiliate" means a person who:

  1. Directly or indirectly controls or has the power to control or influence the decision making of a contractor; or

  2. Has the same or overlapping management, ownership, or one or more of the same principal employees as the contractor.

• B. Indicia of control include, but are not limited to, interlocking management or ownership, identity of interests among family members, shared facilities and equipment, or common use of employees.

• (Ord. 24578.)

"Debarment" means the action taken by the director, or the city manager on appeal, pursuant to this chapter, or by another government agency, city department, or the redevelopment agency, to suspend or render a person or entity ineligible to bid upon, or perform contracts or subcontracts. (Ord. 24578.)

• 5.01.150 Single-family dwelling unit.

• 5.01.160 Successor-in-interest.

The City of San José desires to provide assistance in making affordable housing available to its residents. The purpose of this title is to set forth guidelines, regulations and policies relating to the provision of affordable housing in the City of San José.

(Ord. 23520.)

Unless otherwise expressly defined in this title, words and phrases used herein shall have the same meaning as those found in Part 30 of Chapter 2.04 of Title 2 of the San José Municipal Code. (Ord. 23520.)

"Director" means the director of the department of housing of the City of San José. (Ord. 24578.)

"First-time homebuyer program" means a housing program providing first and/or second mortgage loans to homebuyers who have not owned a home within the preceding three years or to homebuyers who fall under specific hardship categories specified in the housing guidelines. (Ord. 24578.)

"Housing guidelines" means the city's Project Development Handbook, Rehabilitation Program, Loan Management Policies and Procedures Man-

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SAN JOSÉ CODE

§ 5.01.070

ual, and any other handbook, guidelines, manuals, or procedures, that may be developed by the director of housing from time to time. (Ord. 24578.)

"Housing program" means any activity undertaken by the department of housing, including:

• A. Loans and grants for rehabilitation, replacement, new construction, acquisition and acquisition/rehabilitation of affordable housing; and

• B. Management, maintenance, and rehabilitation of city-owned housing.

• (Ord. 24828.)

"Housing rehabilitation" means painting, roofing, plumbing, electrical or other work to a singlefamily dwelling unit or to a multifamily dwelling unit which restores or preserves the habitable condition of the single-family dwelling unit or the multifamily dwelling unit. (Ord. 24578.)

"In-fill housing" means construction or replacement of a multifamily dwelling unit up to four units, or a single-family dwelling unit on real property which is owned by the borrower and is located in an area of the city that is largely developed. (Ord. 24578.)

"Major monetary default" means nonpayment of a loan to a superior lienholder, nonpayment of a loan to the city, bankruptcy of the borrower, failure to carry insurance, or other action or failure of action that may result in jeopardizing the repayment of the loan made by the city, or the city's security interest therein. (Ord. 24578.)

"Minor monetary default" means a monetary default that is not a major monetary default and includes, but is not limited to:

• A. Failure of the borrower to carry adequate insurance on the property.

• B. Nonpayment by the borrower of real property taxes.

• C. Further hypothecation, or additional liens and judgments.

• (Ord. 24578.)

"Multifamily dwelling unit" means a detached building of permanent character placed in a permanent location which is designed or used for residential occupancy by more than one household, and includes single-room occupancy (SRO) living unit facilities.

(Ord. 24578.)

"Nonmonetary default" means a default in loan documents that is neither a major monetary default, nor a minor monetary default, and which is a failure to comply with any condition, covenant, term or provision of the loan documents. (Ord. 24578.)

"Predevelopment" means activities of a developer, sponsor or owner of a proposed housing project which will include affordable dwelling units occurring prior to the acquisition or development of any property.

(Ord. 25667.)

"Principal" means any officer, director, owner, partner, responsible managing officer, responsible managing employee, or person with primary management or supervisory responsibilities. Principal includes a person who has a substantial influence or substantive control over a contract's performance. (Ord. 24578.)

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HOUSING

§ 5.04.010

"Single-family dwelling unit" means a detached building of permanent character placed in a permanent location which is designed or used for residential occupancy by one household. (Ord. 24578.)

"Successor-in-interest" means a person who acquires the rights or assets and/or assumes the debts or obligations of another person. (Ord. 24578.)