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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: George K. Wysong III, City Attorneys/Georrr"x. wyso"III DATE: March 6, 2025 RE: Resolution No. R-24-0452 — Approve — Amendment to Administrative Plan - Section 8 Programs File No. 16785 At its November 21, 2024, meeting, the City Commission adopted the above -referenced agenda item, PH.2, amending the Section 8 Housing Choice Voucher and Moderate Rehabilitation ("Programs") Administrative Plan ("Plan") to include the implementation of Small Area Fair Market Rents ("SAFMRS"), adopting a no change in policy option for units where payment standards will decrease at existing client's next recertification, and adding certain mandatory modifications related to mainstream vouchers, subject to applicable requirements of all federal, state, and local laws, as amended, in a form acceptable to the city attorney, for said purpose. The Legislation contained formatting errors and a scrivener's error regarding the effective date. The Legislation has been corrected and incremented to Revision A. GKW/RP/vja Enclosure(s) i J 0 ti e rrt Roi?E- <cxiiv/keif erg rIAQAAAA0 City of Miami Resolution R-24-0452 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16785 Final Action Date: 11/21/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION ("PROGRAMS") ADMINISTRATIVE PLAN ("PLAN") TO INCLUDE THE IMPLEMENTATION OF SMALL AREA FAIR MARKET RENTS ("SAFMRs"), ADOPTING A NO CHANGE IN POLICY OPTION FOR UNITS WHERE PAYMENT STANDARDS WILL DECREASE AT EXISTING CLIENT'S NEXT RECERTIFICATION, AND ADDING CERTAIN MANDATORY MODIFICATIONS RELATED TO MAINSTREAM VOUCHERS, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, AS AMENDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. SPONSOR(S): City Commission 'y WHEREAS, the City of Miami ("City") has been designated as the Public Housing "x Agency ("PHA") to administer the Section 8 Housing Choice Voucher ("HCV") and Moderate— 0 Rehabilitation programs ("Programs"); and WHEREAS, the Programs provide housing assistance for low and very low-irico ne households; and } r- Ca WHEREAS, Federal Register Notice FR-6426-N-01 described the mandatory expansion of SAFMRs to forty-one metropolitan areas, which includes the City; and WHEREAS, Public and Indian Housing ("PIH") Notice, PIH 2018-01(4)(e)(iii) provided guidance on regulatory provisions implemented under the Small Area Fair Market Rents ("SAFMRs") Final rule to establish a more effective market rent system which includes requirements for dealing with changes in Fair Market Rents ("FMRs") and Payment Standard fluctuations typically found while implementing SAFMRs; and WHEREAS, PIH Notice 2024-30 authorized the U.S. Department of Housing and Urban Development ("HUD") to establish waivers and alternative requirements for Mainstream Vouchers necessary for the effective delivery and administration of the HCV program; and WHEREAS, the City's Administration recommends approving the amendment to the Programs' Administrative Plan, attached and incorporated as Exhibit "A," for the City's continued compliance and participation in the Programs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 2 File ID: 16785 (Revision: A) Printed On: 3/7/2025 File ID: 16785 Enactment Number: R-24-0452 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to approve the amendment to the Programs' Administrative Plan, attached and incorporated as Exhibit "A," for the City's continued participation in the Programs. Section 3. The City Manager is authorized' to negotiate and execute, any and all necessary documents, subject to applicable requirements of all Federal, State, and Local Laws, as amended, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ge Wy j ng III, C y tor 11/12/2024 e•- ge . Wy j ng III, C y -ttor -y 3/6/2025 rri 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 2 File ID: 16785 (Revision: A) Printed on: 3/7/2025 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16785 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE SECTION 8 HOUSING CHOICE VOUCHER AND MODERATE REHABILITATION ("PROGRAMS") ADMINISTRATIVE PLAN ("PLAN") TO INCLUDE THE IMPLEMENTATION OF SMALL AREA FAIR MARKET RENTS ("SAFMRs"), ADOPTING A NO CHANGE IN POLICY OPTION FOR UNITS WHERE PAYMENT STANDARDS WILL DECREASE AT EXISTING CLIENT'S NEXT RECERTIFICATION, AND ADDING CERTAIN MANDATORY MODIFICATIONS RELATED TO MAINSTREAM VOUCHERS, FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, ANY AND ALL NECESSARY DOCUMENTS, SUBJECT TO APPLICABLE REQUIREMENTS OF ALL FEDERAL, STATE, AND LOCAL LAWS, AS AMENDED, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") has been designated as the Public Housing Agency ("PHA") to administer the Section 8 Housing Choice Voucher ("HCV") and Mgc bra Rehabilitation programs ("Programs"); and `,,t WHEREAS, the Programs provide housing assistance for low and very low-income op households; and WHEREAS, Federal Register Notice FR-6426-N-01 described the mandatgl-yixp sion of SAFMRs to forty-one metropolitan areas, which includes the City of Miami; and •• r,J WHEREAS, Public and Indian Housing ("PIH") Notice, PIH 2018-01(4)(e)(iii) provided guidance on regulatory provisions implemented under the Small Area Fair Market Rents ("SAFMRs") Final rule to establish a more effective market rent system which includes requirements for dealing with changes in Fair Market Rents ("FMRs") and Payment Standard fluctuations typically found while implementing SAFMRs; and WHEREAS, PIH Notice 2024-30 authorized the U.S. Department of Housing and Urban Development ("HUD") to establish waivers and alternative requirements for Mainstream Vouchers necessary for the effective delivery and administration of the HCV program; and WHEREAS, the City's Administration recommends approving the amendment to the Programs' Administrative Plan attached, and incorporated as Exhibit "A" for the City's continued compliance and participation in the Programs; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized' to approve the amendment to the Programs' Administrative Plan, attached and incorporated, as specified in Exhibit "A" for the City's continued participation in the Programs. Section 3. The City Manager is authorized to negotiate and execute, any and all necessary documents, subject to applicable requirements of all Federal, State, and Local Laws, as amended, in a form acceptable to the City Attorney, for said purpose. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor 2. APPROVED AS TO FORM AND CORRECTNESS: III, C y or -y 1/12/2024 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.