[HISTORY: Adopted by the City Council of the City of Harrisburg 4-13-2021 by Ord. No. 5-2021. Amendments noted where applicable.]
The purpose of this chapter is to establish a certification
process and long-term incentives for affordable and workforce housing,
with qualifying plans to be known as affordable housing developments.
This chapter shall apply to any person who owns, constructs, operates, manages or otherwise controls an affordable housing development in the City of Harrisburg subject to an affordable housing development agreement or certificate of qualification from the City of Harrisburg. Nothing in this chapter shall apply to rooming houses, as defined in Chapter 7-333 of the Zoning Code.
As used in this chapter, unless otherwise expressly stated or
clearly indicated by the context, the following terms shall have the
meanings indicated:
Housing which is available for rent to low-income and workforce
households as defined herein and costs no more than 30% of household
income.
A nonprofit entity, public agency, or private individual,
firm, corporation, or other duly organized entity seeking to build
an affordable housing development.
A binding, written contract between the City of Harrisburg
and an affordable housing developer detailing the terms and conditions
of the Affordable Housing Program and the obligations of the affordable
housing developer.
Any residential housing in which at least 20% of the dwelling
units are subject to covenants or restrictions that require the dwelling
units be rented at prices that preserve them as affordable housing
for a period of at least 10 years.
The documentation issued by the City of Harrisburg indicating
that the affordable housing development has met the Affordable Housing
Program eligibility criteria.
The cost to rent a moderately-priced dwelling unit in the
local housing market, as determined, published and updated periodically
by the U.S. Department of Housing and Urban Development.
[Added 11-15-2022 by Bill No. 9-2022]
A household whose income does not exceed 80% of the Median
Family Income for the Zip Codes within the local metropolitan area,
as determined, published and updated periodically by the U.S. Department
of Housing and Urban Development, for use in the calculation of Small
Area Fair Market Rents.
[Amended 11-15-2022 by Bill No. 9-2022]
As used in this Chapter, the annual median family income
for the Zip Codes within the local metropolitan area, as determined,
published and updated periodically by the U.S. Department of Housing
and Urban Development, for use in the calculation of Small Area Fair
Market Rents.
[Added 11-15-2022 by Bill No. 9-2022]
Money paid by a tenant, including any essential utilities
such as gas and electric, in exchange for the exclusive use and enjoyment
of a dwelling unit, including those utilities within the calculation
of Fair Market Rents or Small Area Fair Market Rents, as determined,
published and updated periodically by the U.S. Department of Housing
and Urban Development, for use in the calculation of Small Area Fair
Market Rents.
[Amended 11-15-2022 by Bill No. 9-2022]
Fair Market Rents calculated for Zip Codes within the local
metropolitan area, that may be applied as an alternative measure in
the City for affordable housing determinations, in a manner consistent
with the regulations and guidelines determined, published and updated
periodically by the U.S. Department of Housing and Urban Development.
[Added 11-15-2022 by Bill No. 9-2022]
A household whose income is between 80% and 120% of the Median
Family Income for the Zip Codes within the local metropolitan area,
as determined, published and updated periodically by the U.S. Department
of Housing and Urban Development, for use in the calculation of Small
Area Fair Market Rents.
[Amended 11-15-2022 by Bill No. 9-2022]
An affordable housing developer shall apply for a certificate
of qualification for an affordable housing development on a form developed
by the City of Harrisburg.
In order for an affordable housing development to receive a
certificate of qualification, all of the following minimum criteria
must be met:
A.Â
The minimum number of affordable housing dwelling units shall be
a minimum of 20% of the developer's market rate dwelling unit count
for the proposed affordable housing development.
B.Â
The affordable housing dwelling units shall be made available for
rent to either low-income or workforce housing households as defined
herein.
C.Â
The affordable housing dwelling units shall be made available for
rent at a price that does not exceed 30% of a household's monthly
income.
D.Â
All affordable housing dwelling units shall remain affordable for
a period of not less than 10 years from the date of the initial rental
and occupancy of the affordable housing dwelling units.
A.Â
Affordable housing dwelling units shall be mixed with, and not clustered
together or segregated in any way from, any/all market-rate dwelling
units.
B.Â
Affordable housing dwelling units shall be made available for occupancy
as approximately the same rate as the market-rate units, except that
certificates of occupancy for the last 15% of the market-rate units
shall be withheld until certificates of occupancy have been issued
for all of the affordable housing dwelling units.
C.Â
Affordable housing dwelling units shall be the same as with the market-rate
dwelling units in exterior visual appearance and architectural style.
External building materials and finishes shall be the same in type
and quality for the affordable housing dwelling units as for the market-rate
dwelling units.
D.Â
Affordable housing dwelling units may not differ from the market-rate
dwelling units in an affordable housing development with respect to
insulation, windows, heating and cooling systems, plumbing and other
improvements related to energy efficiency of the dwelling units.
E.Â
Except for household income limitation as set forth herein, rental
and occupancy of any affordable housing dwelling unit shall not be
limited by any conditions that are not otherwise applicable to all
dwelling units within the affordable housing development.
Prior to the issuance of any permit(s), the affordable housing
developer shall enter into an affordable housing development agreement
with the City of Harrisburg regarding the specific affordable housing
requirements and restrictions on the proposed affordable housing development.
The agreement shall set forth the commitments and obligations of the
applicant. The agreement may be modified by mutual consent of the
applicant and the City, as long as the modified agreement remains
in conformity with this chapter.
A.Â
Applicants who have applied for and received a certification of qualification
for an affordable housing development pursuant to this chapter shall,
for the larger of 10 years or the length of time any benefit is accrued
as a result of such certification, file an annual certification with
the City of Harrisburg.
B.Â
An annual certification shall be filed contemporaneously with the annual registration required by Chapter 8-511, Residential Rental Unit Registration Program, of the Codified Ordinances of Harrisburg, and shall be made on a form prescribed by the City of Harrisburg. Each annual certification shall be effective until December 31 of the calendar year for which the certification application was submitted.
C.Â
Failure to file an annual certification application before January
1 of any calendar year shall result in the revocation of the certificate
of qualification.
D.Â
The annual certification shall contain an attestation that the affordable
housing development remains in compliance with the Affordable Housing
Program.
Applicants who receive a certificate of qualification and enter
into an affordable housing development agreement shall be eligible
to seek the following benefits for the housing development project,
as applicable:
A.Â
Real estate tax abatements on new residential construction under Chapter 5-503 of the Codified Ordinances of the City of Harrisburg for qualifying affordable housing developments.
B.Â
Special relief under Title 7, Planning and Zoning Code, of the Codified
Ordinances of the City of Harrisburg for qualifying affordable housing
developments.
Any transfer of the right of ownership, control or management
of an affordable housing development, the real property on which the
development is situated or rights under an affordable housing development
agreement is subject to pre-approval by the City of Harrisburg. In
order to be effective, any transfer shall require a fully executed
amendment to the applicable affordable housing development agreement
in order to avoid penalties and enforcement under the chapter.
An affordable housing development agreement bearing each parcel
number subject to the agreement shall be required to be filed, at
the sole expense of the developer, with the Dauphin County Recorder
of Deeds in order to maintain or renew a certificate of qualification
and a certificate of occupancy for the housing development.
Any applicant who has applied for and received a certificate of qualification of an affordable housing development pursuant to this chapter and received any benefit, including benefits pursuant to Chapter 5-503 or Title 7 of the Codified Ordinances of Harrisburg, as a result of such certification may be subject to actions for enforcement and penalties for violations of this chapter as follows:
A.Â
If permits have been issued for any property that was certified to
qualify as an affordable housing development pursuant to this chapter,
all such permits shall be immediately revoked and no new permits or
certificates may be issued for the property until all violations of
this chapter have been cured.
B.Â
If a certificate of occupancy has been issued by the City of Harrisburg,
such certificate shall be subject to immediate revocation and no new
occupancy certificate may be issued for the property until all violations
of this chapter have been cured.
C.Â
The application of any penalty under the chapter shall not prevent
the City from pursuing any other remedy available at law or equity.
Prosecution for violation of a provision of this chapter, shall not
exclude prosecution for violation of any other applicable City, state
or federal law but rather shall be in addition thereto. Nothing in
this Part shall prohibit the imposition of penalties pursuant to Title
5 Part 5, Tax Abatements and Exemptions, or pursuant to the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
If an applicant is denied a certificate of qualification for
an affordable housing development or the renewal thereof, the applicant
shall be promptly notified in writing via first-class mail within
15 days of such determination. The applicant may file an appeal within
30 days in accordance with the Local Agency Law, 2 Pa.C.S. § 101
et seq.
Whoever knowingly violates any provision of this chapter shall,
upon conviction thereof, be guilty of a summary offense for each separate
violation respectively and, where no specific penalty or fine is provided
therefor, subject to a fine of not less than $50 nor more than $1,000
plus costs. For purposes of this chapter, violations that are not
cured within 30 days of notice of any kind from the City may be considered
continuing violations subject to the enhanced penalty provisions of
Section 303 of the Optional Third Class City Charter Law, 53 P.S. § 41303.
