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HomeMy WebLinkAboutCC RESO 14,727RESOLUTION NO. 14,727 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING AND APPROVING AN OWNER/GRANTEE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE CITY OF NATIONAL CITY (KIMBALL TOWERS) WHEREAS, the City of National City, by adoption of Resolution No. 14,393 on August 7, 1984, authorized the filing of an Application with the U. S. Department of Housing 8c Urban Development (HUD) for a Housing Development Grant for Kimball Towers, Project No. CA003HG401, to be located at 13th and "D" Avenue, National City, California, a 150 unit new construction housing facility for elderly and handicapped persons; and WHEREAS, HUD approved the Project Application and offered an Acceptance of Notification of Preliminary Funding Approval in the amount of $3 million which was approved by City Council Resolution No. 14,503 on December 11, 1984, was executed, and was returned to HUD on December 13, 1984; and WHEREAS, HUD has offered a Grant Agreement in which the City of National City is "the Grantee", the Community Development Commission of the City of National City is "the Owner" and in which the Grant Application is part of the Grant Agreement: and WHEREAS, pursuant to the Grant Agreement the Grantee agrees to provide $3 million in HDG funds to the Owner for the Project to consist of 150 units of new construction housing for elderly and handicapped persons pursuant to the Grant Agreement which runs for 20 years and during said 20 years that 120 of the units shall be for elderly and handicapped persons of lower income (80% of median income for the area or below) and 60 of said 120 units shall be for very low income persons (50% of median income for the area or below) and the remaining 30 units shall be for elderly and handicapped persons whose income may be above 80% of median income for the area; and WHEREAS, the Owner/Grantee Agreement, as prepared by the Community Development Commission's Housing Consultant and the Community Development Commission's Executive Director, is consistent with the Application to HUD, the Grant Agreement, and the requirements of the Program and the City Council wishes to proceed with the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is authorized to execute, on behalf of the City of National City, an Owner/Grantee Agreement between the Community Development Commission of the City of National City and the City of National City and the City Clerk is authorized to attest thereto. A copy of said Agreement is on file in the office of the City Clerk and reference is hereby made to all particulars contained therein. PASSED AND ADOPTED this 27th day of August, 1985. Kile Morgan,iklayoor ATTEST: Ion7' Campbell, City Crk APPROVED AS TO FORM: /J George H. Eiser, III - City Attorney OWNER/GRANTEE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA AND THE CITY OF NATIONAL CITY, CALIFORNIA This Owner/Grantee Agreement is made and entered into this 27th day of August, 1985, by and between the City of National City, California, acting by and through the office of the Mayor of the City (the "Grantee") and the Community Development Commission of the City of National City with offices at 1243 National City Blvd., National City, California 92050 (the "Owner"). WHEREAS, the Grantee has applied for and been selected to receive a Housing Development Grant ("HDG") pursuant to Section 17 of the United States Housing Act of 1937 and the HDG regulations promulgated thereunder and contained in 24 CFR Part 850 for the purpose of assisting the development of one hundred fifty (150) one -bedroom apartments for elderly and disabled persons (Kimball Towers) located in the City of National City, California (the "Project"); and WHEREAS, the Grantee and HUD have entered into a Grant Agreement dated , 1985, (the "Grant Agreement") setting forth the terms of the HDG which terms include the execution of this Agreement by the Owner and the Grantee; and WHEREAS, the Grantee and the Owner, pursuant to the terms of the Grant Agreement, desire to enter into an Agreement providing for a grant by the Grantee to the Owner of an amount not to exceed three million dollars ($3,000,000), upon the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto intending to be legally bound agree as follows: 1. The Owner hereby acknowledges receipt of a copy of the Grant Agreement. 2. The Owner agrees to construct one hundred fifty (150) one -bedroom apartments (including one hundred twenty (120) units for lower income tenants) and to provide site improvements, including parking for approximately 100 cars on an approximately two -acre site located on the easterly side of "D" Avenue at 13th Street, National City, California 92050. 3. Subject to the terms and conditions hereinafter set forth, the Grantee agrees to make a grant to the Owner, in an amount not to exceed three million dollars ($3,000,000). The purpose of the grant is to partially fund the development of the Project. 4. The Grantee agrees to comply with all Grantee obligations set forth in the Grant Agreement, the terms of which are incorporated herein by reference and are enforceable by the Owner. 5. Project activities will be begun and completed in accordance with the following schedule: site preparation and construction shall begin no later than January 1, 1986, and be completed no later than January 31, 1987, except as may be extended by the parties in accordance with paragraph 20 of this Agreement. 6. The owner agrees to provide equity in the project in an amount sufficient to construct the project as agreed upon. The current estimate of said amount is four million, one hundred ninety thousand dollars ($4,190,000). The parties intend that no borrowing shall be necessary to construct the project. 7. The Owner warrants that it has obtained or has reasonable assurance that it will obtain, all federal, state, and local governmental approvals and reviews required by law to be obtained by the Owner for the Project and that the Project shall be developed in accordance with applicable state and local building codes. 8. The parties. hereto agree that no activity having potential environmental effects shall be undertaken until the Grantee has completed an environmental assessment of the Project in accordance with HUD regulations contained in 24 CFR Part 58. 9. The parties hereto agree that they will prepare, implement and maintain a minority and women -owned business development plan, consistent with Executive Orders 11625, 12432, and 12138, which shall contain specific measurable goals and an affirmative strategy to promote awareness and participation by such business in the contracting and procurement activities generated by the Project. The Plans are marked as Exhibit "A" 1 and "A" 2 to this Agreement. 10. The Owner agrees that any duly authorized representative of HUD shall, at all reasonable times during the Project Term, have access to any parts of the Project in which the Owner is involved. 11. The Owner agrees to comply with Title VIII of the Civil Rights Act of 1968, 42 USC 3601-19 and implementing regulations; Executive Order 11063 and regulations at 24 CFR Part 107; Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and regulations at 24 CFR Part 1; the Age Discrimination Act of 1975, 42 USC 6101-07; Section 504 of the Rehabilitation Act of 1973, 29 USC 794; Executive Order 11246 and regulations at 41 CFR Chapter 60; and the requirements of Section 3 of the Housing and Urban Development Act of 1968. 12. (a) In order to secure compliance by the Owner with the requirements of HUD's HDG regulation 24 CFR 850.151(b), (c), (d), and (e), the Owner shall execute a Note to the Grantee in the amount of the HDG (not to exceed three million dollars ($3,000,000), which is marked as Exhibit "B" to this Agreement. The debt shall be secured by a real estate trust deed on the Project, which is marked as Exhibit "C" to this Agreement. The security interest of the Grantee may be subordinated only to any lien securing funds borrowed to complete the project. No such borrowing is now contemplated. (b) The Owner shall repay the above debt upon any uncorrected substantive violation of the following obligations: 2 (1) The Owner agrees not to convert any units in the Project to condominium ownership or to a form of cooperative ownership that is not eligible to receive a HDG during the period beginning on the date on which units in the Project are available for occupancy and continuing for the twenty-year period beginning from the date on which 50 percent of the total units in the Project are occupied (The "Project Term") (2) The Owner agrees that during the Project Term the Owner will not discriminate against prospective tenants on the basis of their receipt of or eligibility for housing assistance under any Federal, State, or local housing assistance program or, except for units specifically identified in this Agreement as designated for the elderly and for units that are too small for the intended occupancy, on the basis that they have a minor child or children who will be living with them. (3) The Owner agrees that the number of units by bedroom distribution specified in this Agreement as available for occupancy by lower income households ("Lower Income Units") shall be occupied or available, through the Owner's best efforts, for occupancy by lower income households during the Project Term. (4) The Owner acknowledges that rents for Lower Income Units are limited by HDG regulation 24 CFR 850.152, that rents are subject to the approval of the Grantee, as more specifically described in the Rent Mechanism marked as Exhibit "D" to this Agreement and incorporated herein, and that lower income rents and tenant income shall be determined in accordance with HUD regulations at 24 CFR Part 850, Subpart F. (5) The Owner agrees to lease Lower Income Units only to tenants who are lower income at the time of initial occupancy. Furthermore, the Owner agrees to reexamine the income of each tenant household living in Lower Income Units at least once a year. When a tenant occupying a Lower Income Unit ceases to be lower income, the Owner agrees to take the appropriate actions described in HDG regulation 24 CFR 850.152(f). The procedures to be followed in implementing this provision are described in an attachment to this Agreement marked Exhibit "E" and incorporated herein. (6) The Owner agrees to recalculate lower income rents at least annually, in accordance with the terms of the Rent Mechanism, and to submit the first rent recalculation to the Grantee no later than 60 days prior to initial occupancy. (7) The Owner agrees to provide tenants occupying Lower Income Units at least 30 days prior written notice before implementing any increase in rents. (c) (1) The Grantee agrees that upon a determination of a substantive violation by the Owner of its obligations under this paragraph, the Grantee shall notify the Owner in writing (A) of the details of the violation, (B) actions to be taken and the remedies to be applied to cure the violation, and (C) a reasonable time (at least thirty days) for the Owner either to contest the determination of a violation or to take actions to cure the violation. 3 (2) If the Owner does not correct a substantive violation, the amount of the Note shall become immediately due and payable plus simple interest accrued at a rate determined by HUD by adding two percent to the average yield on outstanding marketable long-term obligations of the United States during the month preceding the date on which the initial HDG funds were released. The principal amount and accrued interest to be repaid shall be reduced by ten percent for each full year in excess of ten years that intervened between the beginning of the term of this Agreement and the violation. 13. The Owner agrees to market units in the Project in accordance with the HUD -approved Affirmative Fair Housing Marketing Plan, Form HUD-935.2 and all fair housing and equal opportunity requirements. The Affirmative Fair Housing Marketing Plan is marked as Exhibit "F" to this Agreement. 14. The parties hereto acknowledge that local residency requirements shall not be permitted with respect to the occupancy of the Project, but that local residency preferences are permissible to the extent that they are not inconsistent with affirmative fair housing marketing objectives and the Owner's HUD -approved Affirmative Fair Housing Marketing Plan. Persons expected to reside in the community as a result of current or planned employment will be treated as residents for purposes of a residency preference. 15. The Owner agrees that all management and maintenance functions will be performed in compliance with applicable equal opportunity requirements. 16. The parties hereto acknowledge that nothing contained in this Agreement shall preclude enforcement by the Federal Government of this Agreement, civil rights statutes, or other provisions of law that apply to the HDG program. 17. The Owner acknowledges that HUD, in electing the Grantee for the award of the HDG, has relied in material part upon the assured completion of the Project. The Owner assures the Grantee that it will complete the activities to be undertaken by it. 18. The Owner agrees to keep and maintain books, accounts, reports, files, records, and other documents relating to the receipt and disbursement of funds from the Grantee. Furthermore, any duly authorized representative of HUD or the Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all such books, records, and other documents in accordance with HUD guidelines, until the completion of all close-out procedures respecting the HDG and the final settlement and conclusion of all issues arising out of the HDG. 19. The Owner acknowledges and agrees that no transfer of funds under this Agreement shall be or be deemed to be an assignment of HDG funds, and that the Owner shall neighter succeed to any rights, benefits or advances of the Grantee under the Grant Agreement, nor attain privileges, authorities, interests, or rights in or under the Grant Agreement. 4 20. During the term of the Grant Agreement, this Agreement shall not be amended in any material respect without the prior written approval of HUD. An Amendment shall be deemed to be "material" if, within the control of the Owner or the Grantee, it cancels or reduces any developmental or financial obligation by more than ten percent, changes the sites or character of any development activity, or increases any time for performance by more than thirty days. 21. The Owner acknowledges that nothing contained in the Grant Agreement, or in this Agreement, nor any act of HUD, or of any of the parties hereto, shall be deemed or construed by the Owner, or by third persons, to create any relationship of third -party beneficiary, principal and agent, limited or general partnership, joint venture, or any association or relationship involving HUD. 22. The parties hereto warrant that no person (1) who is an employee, agent, consultant, officer or elected or appointed official of the Grantee who exercises or has exercised any functions or responsibilities with respect to the Project or (2) who is in a position to participate in a decision making process or gain inside information with regard to such Project, may obtain personal or financial interest or benefit from the Project, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. 23. The Owner acknowledges that the Davis -Bacon Act, 40USC 276a-276a-5 and the Contract Work Hours and Safety Standards Act, 40 USC 327-333 apply to the Project. The Owner agrees to comply with those Acts and regulations issued thereunder and with other Federal laws and regulations pertaining to labor standards. 24. Disbursement of funds under this Agreement shall be on the basis of vouchers submitted by the Owner which shall be verified by the Owner's chief financial officer and approved by the Mayor of the City of National City on behalf of the Grantee. Disbursements shall not be made at a rate in excess of that contained in the approved leveraging ratio for the Project, as specified in section 1.01(f) of the Grant Agreement. 25. The parties hereto acknowledge that the Grantee is obligated under the Grant Agreement to monitor the Owner's performance under this Agreement and to take legal action, as appropriate, to enforce compliance with the Owner's responsibilities under this Agreement. 26. In the event the Grantee defaults hereunder or under the Grant Agreement, the Grantee will forthwith take such steps as are necessary to correct such default. The Grantee shall send to the Owner copies of any notices it receives from HUD of any violation or alleged violation of the Grant Agreement. 27. This Agreement may be amended only in writing, executed by the Grantee and the Owner. 5 I 28. This Agreement shall be binding upon and inure to the benefit of the Grantee, the Owner and their respective successors and assigns, except that the Owner may not assign or transfer its rights hereunder to any party without the written consent of the Grantee. 29. This Agreement may be executed in as many counterparts as may be deemed necessary and convenient, each of which shall be regarded for all purposes as an original, but such _counterparts shall constitute but one and the same instrument. Executed as of this 27th day of August, 1985. CITY OF NATIONAL CITY, CALIFORNIA ATTEST: Ione Campell, City Clerk Kile Morgan, Mayor ATTEST: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Arnold A. Peterson Kile Morgan, Chairman Secretary 6 CITY OF NATIONAL CITY WOMEN BUSINESS ENTERPRISE PLAN-KIMBALL TOWERS I. NATIONAL PROGRAM FOR WOMEN BUSINESS ENTERPRISES It is the policy of the Federal governemt to maximize the utilization of women business enterprises (WBE's) in all contracts involving federal funds. II. DEFINITIONS A. Bona Fide Women Business Enterprise For purposes of this program, a WBE is a business at least 50Y. owned by women or other WBE's, or, in the case of a publicly -owned business, at least 51% of the stock is owned by women. To fulfill the intent of the program the WBE must be significantly involved in the actual performance of the contract and not merely act as a conduit for goods or services. III. THE CITY OF NATIONAL CITY'S PROGRAM FOR MINORITY BUSINESS ENTERPRISE A. Policy Statement It is the public policy.of the City of National City to maximize the utilization of WBE'S in all contract activity administered by the City. B. Goals The City of National City's goal for WBE participation in contracts is to obtain WBE participation to the maximum extent feasable and to significantly increase WBE participation in City contracts. IV. Program A. Bidding activities The City of National City, as Grantee under the Housing Development Grant Program, will conduct the following activities in regard to promoting WBE participation in the development of Kimall Towers: 1 EXHIBIT "A" 1 1. Maintain, make use of, and require that the owner make use of lists of women's associations and organizations which will provide access to WBE's. 2. Require that the Owner comply with all other provisions of this Flan, including the insertion of required paragraphs in contracts and subcontracts. 3. Require that contractors and subcontractors submit Certificates of Women Businesses Enterprise participation to the Owner, who will forward same to the City. 4. Maintain records of WBE participation in the project, including Certificates of Women Business Enterprise participation and other records relating to women business particpation. V. Owner, Contractor and Subcontractor Responsibilities A. Owner Responsibilities 1. In advertisements for bids for construction of Kimball Towers the Owner will encourage Women Business Enterprise (WBE) participation. 2. At the same time it advertises for bids for construction, The Owner will notify WBE associations and other women's organizations by mail that the Owner is soliciting bids for construction of Kimball Towers and regarding where bidding information is available. 3. The Owner will include in its contract with the Prime Contractor the following language: "(a) It is the policy of the City of National City to take positive steps tomaximize the utilization of women business enterprises in all contract activity administered by the City" "(b) The Contractor will utilize his or her best efforts to carry out this policy in the award of his or her subcontractors to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term "women business enterprise" means a business, at least 50 percent of which is owned by women, or in the case of publicly -owned businesses, at least 51 percent of the stock is owned by women." B. Contractor's and Subcontractors' Responsibilities. 1. Contractors and subcontractors shall be required to include in contracts with subcontractors the language of V(A)(3) above. 2. Each contractor and subcontractor participating in the construction of Kimball Towers shall be required to submit a Certificate of Women Business Enterprise Participation on which the contractor or subcontractor lists WEE subcontractors participating in the project by name, address, and trade. CITY OF NATIONAL CITY MINORITY BUSINESS ENTERPRISE FLAN-KIMBALL TOWERS I. NATIONAL PROGRAM FOR MINORITY BUSINESS ENTERPRISES Executive Order 11625, signed by President Nixon in• October, 1971, requires the Secretary of Commerce to promote the growth of minority business enterprises (MBE's). Public Law 95-507 requires that clauses be inserted into federal contracts which require contractors to make good faith efforts to obtain subcontracts from MBE's. II. DEFINITIONS A. Minority Group Member A minority group member is defined as a "citizen of the United States who is Negro, Spanish-speaking, Oriental, or Native North American, including Eskimo, or Aleut. B. Bona Fide Minority Business Enterprise For purposes of this program, an MBE least 50% owned by minority group members or in the case of a publicly -owned business, at stock is owned by minority group members. To of the program the MBE must be significantly actual performance of the contract and not merely conduit for goods or services: is a business at other MBE's, or, least 51% of the fulfill the intent involved in the act as a III. THE CITY OF NATIONAL CITY'S PROGRAM FOR MINORITY BUSINESS ENTERF'RISE A. Policy Statement It is the public policy of the City of National City to maximize the utilization of MBE'S in all contract activity administered by the City. B. Goals The City of National City's goal for MBE participation in contracts is to obtain MBE participation to the maximum extent feasable and to have MBE participation reflect the racial/ethnic composition of the population of the region. 1 EXHIBIT "A" 2 IV. Program A. Bidding activities The City of National City, as Grantee under the Housing Development Grant Program, will conduct the following activities in regard to promoting MBE participation in the development of Kimall Towers: 1. Maintain, make use of, and require that the owner make use of lists of minority associations and organizations which will provide access to MBE's. 2. Require that the Owner comply with all other provisions of this Plan, including the insertion of required paragraphs in contracts and subcontracts. 3. Require that contractors and subcontractors submit Certificates of Minority Businesses Enterprise participation to the Owner, who will forward same to the City. 4. Maintain records of MBE participation in the project, including Certificates of Minority Business Enterprise participation and other records relating to minority business particpation. V. Owner, Contractor and Subcontractor Responsibilities A. Owner Responsibilities --1. In advertisements for bids for construction of Kimball Towers the Owner will encourage Minority Business Enterprise (MBE) participation. 2. At the same time it advertises for bids for construction, The Owner will notify MBE associations by mail that the Owner is soliciting bids for construction of Kimball Towers and where bidding information is available. The Owner will include in its contract with the Prime Contractor the following language: "(a) It is the policy of the City of National City to take positive steps tomaximize the utilization of minority business enterprises in all contract activity administered by the City" "(b) The Contractor will utilize his or her best efforts to carry out this policy in the award of his or her subcontractors to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term "minority business enterprise" means a business, at least 50 percent of which is owned by minority group members, or in the case of publicly -owned businesses, at least 51 percent of the stock is owned by minority group members. For the purpose ofthois definition, minority group members are Blacks, Hispanics, Asins, Native Americans, Alaskans, or Pacific Islanders." B. Contractor's and Subcontractors' Responsibilities. 1. Contractors and subcontractors shall be required to include in contracts with subcontractors the language of V(A) (.=) above. 2. Each contractor and subcontractor participating in the construction of Kimball Towers shall be required to submit a Certificate of Minority Business Enterprise Participation on which the contractor or subcontractor lists minority subcontractors participating in the project by name, address, trade, and minority group. NOTE SECURED BY DEED OF TRUST Interest Included $3,000,000 National City, California August 27, 1985 For value received, the Community Development Commission of the City of National City, hereinafter described as "Owner", promises to pay the City of National City, hereinafter described as "Grantee", the sum of Three Million Dollars and No/100 Dollars ($3,000,000), or such lesser amount as described below. The term of this note shall be twenty (20) years. This note is secured by a deed of trust to LAND TITLE INSURANCE COMPANY. The amount owed under this note shall be the lesser of three million dollars ($3,000,000) or the amount of funds granted by the U.S. Department of Housing and Urban Development, hereinafter referred to as "HUD", to the Grantee for the purpose of constructing Kimball Towers under the terms of the Grant Agreement between HUD and the Grantee. The amount of this note shall be repaid to the Grantee in the event of Substantive Violation, as described in Section 12.03 of said Grant Agreement, of specific obligations of the Owner under HUD regulations and under the Owner/Grantee Agreement. The amount to be repaid shall be reduced by ten percent (10%) for each full year in excess of ten (10) years that intervened between the beginning of the term of the Owner/Grantee Agreement and the Substantive Violation. This note shall bear interest, in the event of a Substantive Violation, from date in an amount to be determined by HUD by adding two percent (2%) to the average yield on outstanding marketable long-term obligations of the United States during the month preceding the date on which initial Grant Fund were released. Kile Morgan, Chairman Community Development Commission of the City of National City, CA EXHIBIT "B" Z a IS LIMITED TO THE CO TITLE ORDER NO. ESCROW NO AFTER RECORDING MAIL TO Tom McCabe, City Manager City of National City, Civic Center 1243 National City Blvd., National City, CA 92050 *PACE...., e04 n.COnou'. Lot ONLY iY.Ell ., tnu.r OttD .Yo A.a314NCMY OP RENTS DEED OF TRUST AND ASSIGNMENT OF RENTS Incorporating by reference certain provisions of o deed of trust Inot fict'treud recorded In counties named rerein. By this DEED OF TRUST, mode This 27th day of August , 1985 , between the Community Development Commission of the City of National City 1243 National City Blvd., National City, CA 92050 , herein called Trusser, whose address is (numbs. and strati Ie:tyl :stare? and LAND TITLE INSURANCE COMPANY, a California corcoraiion, nerein called Trustee, and trip code) the City of National City , herein coiled Beneficiary. Trustor grants, transfers, and assigns to trustee, in trust, with power of sale, that property in the County of San Diego , Conforms, described os Lot 2 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 28, 1978. Truster Mu assigns to Beneticary ail rents. Issues and profits of sold realty teorvieg the right to collect and use the tame except during Continuance of cefault nereuneer end dating continuance of each default aumgloing Ben.f.clary to collect and enforce Me same by any lawful mans in the name of any pony hereto. For the purpose of seeming: Ill Performance of each agreement of Trustor incorporated by reference or contained herein; 121 payment of the indebtedness evidenced by one promissory not, of even dab herewith in the principal cum of I payabre to Beneficiary or order 13) the payment of any money treat may be advanced by the Benefit ory to Trusts., or his succesaon, with inter thereon. Te protect the security o1 this Deed of Trust, Trust., agrees by the execution and delivery of this deed of trust and the note secured hereby that the provisos. of section A, including parograp•s i to 5 tneraf and fie provisions of section B. Including paragraphs I to 8 thereof of the deeds of tryst recorded in the Official Raoros or the following counties In the state of California and In the books and at me pages of such Offi.al Rwords as follows, COUNTY Bak Page COUNTY Beek Page COUNTY leek Page COUNTY Beek Page Aeadw Cl 320 Modem 403 363 pvenide III 417 Santa Clan 4740 31 Calaveras 97 31 Maron 976 163 Satramente 2930 339 Sonia Cruz 1039 403 II Dorado 369 137 Marlpaa 27 321 Ian lernerdlea 2187 142 Solana 1204 475 2310 402 Merced 912 197 San Diego 4237 114 Stanislay. 112 213 Humboldt Ste 170 Monterey 1631 163 Ian leealn 1109 111 Toler. 1286 2257 Imperial 688 353 Napo 610 001 San Luis Obispo 465 41 Tuolumne 69 627 Kings 397 1 Nevado 213 343 Ian Mahe 3769 192 Ventura 1633 22 los Angelo 23481 351 Orange 2327 108 SeN. Imams 763 33 Tole 466 325 which provisions ore identical In each of sold deeds of trust, shall be and they ore hereby incerporar.d herein as fully as though set forth herein at length; and that the reference. to lands, obligations, and parties In said prnnsion. refer to the lands, obligations, and parties NO forth in this deed of trust. A copy of said provisions is printed on the rearse side of this deed of trust. The undersigned Trustor requests that a copy of any notice of default and any rotice of sale hereunder be mailed to him or his address here. Inabove set forth. At the date of the request therefor, Beneficiary may charge the amount weaned by low far any statement regarding the obligations secured hereby. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA STATE OF CALIFORNIA COUNTY OF SS. On this day of in the year___, before me. the undersigned, a Notary Public in and (or said County and State, personally appeared personally known to me for proved to me on the basis of satisfactory evidence) to be the parson a hose names cuncxnhe0 to this instrument, and acknowledged that he (she or they) executed It 'Klie Morgan, Chairman FOR NOTARY SEAL OR STAMP Stinature Noun Public in and for said Counts and Sulu FYINTRTT "C" KIMBALL TOWERS HOUSING DEVELOPMENT GRANT GRANTEE RENT MECHANISM 1. Section 17 of the United States Housing Act of 1937 and the HDG regulations promulgated thereunder and contained in 24 CFR Part 850 restrict rents charged for Lower Income Units during the Project Term to not more than thirty percent of the adjusted income of a family whose income equals fifty percent of the median income for the area, as determined by HUD with adjustments for smaller and larger families. Section 17 and the Grant Agreement require the Grantee to review and approve rents proposed by the Owner to be charged for Lower Income Units. The Grantee also is required to assure that the type and number of units specified in section 101 (e)(2) of the Grant Agreement are occupied or available for occupancy by lower income families during the Project Term. The Grant Agreement requires the Grantee to have established a Rent Mechanism to implement the above responsibilities of the Grantee. 2. The Grantee acknowledges that HUD periodically will determine the income limits for Lower Income other than Very Low Income families, as well as for Very Low Income families. Based upon the Very Low Income limits, the HUD occupancy standards limiting the number of persons in each bedroom size category (i.e. 0-Br, 1-Br, etc.), the prototypical adjustments to income established by HUD, and the Owner's estimate of the monthly cost of utilities and other essential housing services (utility allowance) to be paid for directly by the Tenant, the Owner will determine the maximum monthly net rent for each Lower Income unit. In calculating this amount the Owner will follow the format contained in Exhibit M-5 of the Housing Development Grant Program Application Packet dated June 1984. 3. Except as noted below, the initial rent schedule for Lower Income units and the utility allowances shall be as contained in the Application approved by HUD. 4. The Owner shall recalculate the rent schedule and the utility allowances and submit the recalculated schedule and allowances to the Grantee for review not later than 60 days prior to initial occupancy. The rent schedule recalculation shall be based upon the most recent HUD determination of the Very Low Income limits and prototypical adjustments. The utility allowances shall approximate a reasonable consumption of utilities by an energy -conscious household of modest circumstances. 5. In estimating reasonable consumption levels, the Owner shall use, as appropriate, the following sources of information on the cost of utilities and services: (a) Consumption data on residential use of utilities obtained from utility suppliers or other sources (such as public service commissions, real estate and property management firms, state and local agencies). (b) Engineering calculations based on technical data concerning energy requirements of appliances and equipment. (c) Data obtained from energy audits. EXHIBIT "D" 1 (6) In establishing allowances, the Owner shall take into account relevant factors affecting consumption including: (a) The equipment and functions intended to be covered by the allowance. (b) The climatic location of the project. (c) The size of the dwelling units and the number of occupants per dwelling unit. (d) Type of construction and design of the housing project. (e) The energy efficiency of Owner -supplied appliances and equipment. (f) The physical condition, including insulation and weatherization, of the housing project. (g) Temperature levels intended to be maintained in the unit during the day and at night, and in cold and in warm weather. (h) Temperature of domestic hot water. (i) If a utility (e.g. garbage collection) is charged on a fixed price basis, the full amount of the price shall be incorporated into the allowance. 7. The Grantee shall review the Owner's calculations of the maximum monthly net rent and utility allowances, and the information sources used. 8. If the Grantee determines that the calculations are correct and the utility allowances are reasonable, the Owner shall be so notified. 9. If the Grantee fails to notify the Owner within 60 days after receiving the rent schedule including the utility allowances that the schedule and/or allowances are not approved, they shall be deemed approved if they are within the permissible maximum allowed by the Grant Agreement. 10. In the event that the Owner is notified of the Grantee's disapproval, the revised schedule and utility allowances shall not be used. Both parties shall promptly meet to resolve their differences. 11. Subsequent to the initial recalculation of the rent schedule and utility allowances, the maximum monthly net rent for each Lower Income unit may be recalculated by the Owner and submitted to the Grantee for review whenever the HUD determination of Very Low Income limits, applicable person limits by unit size, or prototypical adjustments to income are revised. Utility allowances may be revised if there is a rate change. In any event, the Owner shall recalculate and submit to the Grantee for review the maximum monthly rent to be charged each Lower Income unit, and the utility allowances, twelve months from the date of the first recalculation by the Owner, and annually, thereafter, on this date. 2 12. Any increase in rents for Lower Income units is subject to the provisions of outstanding leases. In any event, the Owner must provide tenants of those units not less than 30 days prior written notice before implementing any increase in rents. 13. The Owner must provide that sixty (60) of the 120 Lower Income units will be offered on a priority basis to households with incomes below fifty (50) percent of the median income of the area. The Owner hereby agrees to charge rent for such households in an amount not to exceed 30% of their respective adjusted incomes, or the HUD maximum rent, whichever is less. 14. The Owner must provide allowances and deductions from gross income identical to those in the Section 8 Housing Assistance Payments Program, as from time to time amended. If the Section 8 program should cease to exist during the operation of this Housing Development Grant Agreement then the allowances and deductions shall be those which existed just prior to the expiration of the Section 8 Program, or, if inappropriate, then those which, as determined by Grantee, best fulfill the intent and purpose of the Section 8 Program. 3 Tenant Eligibility 1. The Owner may lease a Lower Income unit only to a tenant that is.a Lower Income household at the time of its initial occupancy. 2. In order to determine whether a prospective tenant or a tenant is a Lower Incase household, the Owner shall ascertain the annual income of the family. Annual income is the anticipated total income from all sources to be received by the family head and spouse and by each additional member of the family, including all net income derived from assets, for the 12-month period following the effective date of initial determination or reexamination of income, exclusive of income that is temporary, nonrecurring or sporadic, as defined in 24 CFR 813.106(c) and exclusive of certain other types of income specified in 24 CFR 813.106(d). As necessary, the Owner will consult with the HUD field office to obtain advice and guidance with respect to income determinations. 3. The Owner must verify all income, assets, household characteristics, and circumstances that affect eligibility. Written verification directly from the source must be obtained when possible. The Owner must maintain documentation of all verification efforts for at least three years after the effective date of the determination. 4. In verifying incase the Owner shall to the extent feasible: (a) Maintain a checklist for each tenant, documenting verification efforts and tracking progress. (b) Develop standard verification forms for all information that must be verified. Such forms should: (1) explain why the information is being requested; (2) contain the tenant's authorization to release information; and (3) ask specific questions that will solicit the specific information requi red. (c) Ask applicants/tenants to sign two copies of each verification form. (d) Send self-addressed, stampedenvelopes with the request for verification. (e) Make personal contacts with large employers and public agencies from whom a large number of tenants receive income. (f) Give the family an opportunity to explain any significant differences between the amounts they reported on their application and amounts reported on third -party verifications. 5. The Owner shall reexamine the income of each tenant household living in lower Income units at least once a year. 6. The Grantee shall review the Owners verification efforts at least annually to determine whether eligible families are occupying Lower Income units. EXHIBIT "u" 2 7. In the event a tenant is determined over -income, the Owner will take one of the following actjons, as appropriate: (a) If the unit occupied by the tenant must be leased to a Lower Income household to maintain the percentage of Lower Income units specified in the Grant Agreement, the Owner must notify the tenant that it must move when the current lease expires or six months after the date of the notification, whichever is later; (b) If the Owner can meet this percentage without the unit occupied by the tenant (by leasing another unit to a Lower -Income family at the appropriate schedule rent), the Owner may continue to lease to the formerly tower -Income family, but is free to renegotiate the rent at the expiration of the current lease. 8. The Owner shall market the units in accordance with the HUD -approved Affirmative Fair Housing Marketing Plan, and all fair housing and equal opportunity requirements. 9. With the exception of the income limit requirements the standards and criteria for tenant selection shall be the same as those used for the market rent units. KIMBALL TOWERS PROCEDURE FOR LOWER INCOME TENANTS WHO CEASE TO BE LOWER INCOME When a tenant occupying a Lower Income unit ceases to be lower income, the Owner will take appropriate actions described in 24 CFR 850.(5)(f). The Owner hereby agrees that when such an event occurs, the Owner will rent the next vacant non -Lower Income unit to a Lower Income tenant. This procedure will assure that the building continues to have 120 Lower Income tenants. Kile Morgan, Chairman Community Development Commission of the City of National City, CA EXHIBIT "E" Form Approved CMB No 2515-0077 :Fop. 1031./N4) U.S. DEPARTMENT OF HOUSING AND URBAN DE V F LOPMCN T AFFIRMATIVE FAIR HOUSING MARKETING PLAN COMPLETE FORM AND SUBMIT TO: FAIR HOUSING AND EQUAL OPPORTUNITY DIRECTOR/SPECIALIST, AREA/SERVICE OFFICE 1. INTRODUCTION: ' an affirmative program to attract pro- groups inc:uoe Whites (Non'Hypanrcl Islanders in the Standard Metro- of race, coo, relgion, sex or national The Affirmative Fair Housing Marketing Regulations redurre that each appbcenl subject to these Hoguletions carry out spective buyers or tenants of ail minority and non.minoritV groups to the housing that the applicant is providing. These and members of minority groups: Blacks Won -Hispanic). Arneson Indians/Alasuan Natives, ffispanres and Asian/Pacific politan Statistical Areas (SMSA/ or housing market area whO may be subject to homing discrimination on the basis origin. 2. APPLICATION AND PROJECT IDENTIFICATION: A APPLICANT'S' - - -CA Connission of the R. PROJECT -Nl1 NtB• 149 On APPLICATION NUMBER 003HG401._-_ OF UNITS Tenant Units_ OR RENTAL RANGE OF UNITS: r� s_230 _ _Tos NAME Community Development City_.of National City ADDRESS (Include Goy, Stare and Z/P Code) 1243 National City GIvd. National City, CA 92050 PRICE FROM 33Q D. FOR MULTIFAMILY HOUSING ONLY: IT,Txt L DERLS, _NON•ELDERLY TELEPHONE NUMBER — (619) 477-1181 Ext. b3 C. PROJECT E. APPROXIMATE STARTING DATES ADVERTISING 7-86 .00CUPANcy— 12-86 NAME Kimball Towers F. NAME OF MANAGING/SALES AGENT Unknown Unknown LOCATION/ADDRESS (Include City. State and ZIP Ave., East side, between National Ci tf L_ CA 92050 Code) 15th St. & Kimball 117 ADDRESS (Include Cr ty. Stab and ZIP Code) _!day, COUNTY. San Diego . CENSUS TRACT: 3. TYPE OF AFFIRMATIVE MARKETING A separate M-veil A•ea PLAN x�. P rolect Plan; ❑ Annual Plan (for single family scattered sire units). NOTE: which the housing is to be built. C Minority Area .El White Inpdcarrorrtyl Area XX' Annual Plan must be developed for taco type of census tract in (with __3Z. - %minority retrdenn) 4. DIRECTION OF MARKETING ACTIVITY Indicate below sM¢n gnouptsl in the housing market area ate least likely to app:y for the housing because of its location and other factors without special out- reach efforts. El White Xr Black ❑ American Indian or J Hispanic .� Asian or /Non.Hispanic) (Non -Hispanic) Aiaskan Native Pacific Islander 5. MARKETING PROGRAM. A. COMMERCIAL MEDIA Check the media to be used to advertx the avaaatrllty of tbrs housing. .AANewnoaperlsl/Publicatonlsl _ Radio El TV 1 Billboard(s) L: NAME OF NEWSPAPER, RACIAL/ETHNIC IDENTIFICATION RADIO OR TV STATION READERS'4UOICNCE (Il (21 Other (SDecry) OF I !4X5 512E/DURATION OF ADVERTISING (3) Voice & Viewpoint I Black 3 times _ _ Li-Fensa Hispanic. 4X5 3 times Star News All 4X5 3 times _-__--_ B. BROCHURES, SIGNS AND HUD'S - FAIR HOUSING POSTER: See Exhibit A " If yes. attach a copy or submit when available. of project sign or submit when available. place. Fair Horrs:ng Posters will he displayed — - - - II) Will brochures, lle'a�ffl9lets, orhandouts be used to advertise? .air Ye, ❑ No. indicate Sign size 8_1 2n �f1e1L_: Logotype size—L n 1 ° . Attach a photograph Poster must be conspicuously displayed wherever ,ales/rentals and showings take C Real Estate ()Meek); C Model Unhlsl: ❑ Other (Specify) done " -- (2) For project site sign, 131 HUO's Fair Housing in the fL. Sales/Rental Office's); — — C. COMMUNITY CONTACTS To further inform the group(s) least likely to apply about the availability of the organizations listed below that are located in the housing market area or SMSA. changes in this list. Attach a coos, Of correspondence to be mailed to these groups/Organ✓ations. housing, the If more space APPROXIMATE CON - applicant agrees to establish and is needed attach an additional (Provide ail mguested information.) maintain contact with the groups/ sheet. Notify /IUD-F NEC of any CONTACTED OR TO BE CONTACTED (4J NAME OF GROUP/ ORGANIZATION (I) RACIAL/ETHNIC IDENTIFICATION (2) Sec Exhibit ".B" SATE OF TACT OR PHtrPOSk D CONTACT (31 I PERSON SeExhibit_rE£'r See Exhibit"B" _6-86 _ .— ADDRESS AND TELEPHONE NUMBER (5) __--- METHOD OF CONTACTISI (6) — _ l INDICATE THE SPECIFIC ORGANIZATION WILL UNDERTAKE THE MARKETING _ ._ To be_deteriiined (7) FUNCTION GROUP/ IN IMPLEMENTING PROGRAM —• _ See_xhibit 'ter'- _ Ph -, pneand )tail-.. Prevrtus Edition is Obsonte EXHIBIT 1eF" HUU•935 2 13 821 INS BOPS 1I _ 6. FUTURE MARKETING ACIIVITIES (Rrr:ral:: tits On:r/ --Check the block CFl that test descr:tie future marketing activities to I•.I vacancies as tee,. occur alter the or pares It., Ohs'initially itch umed. i . NPwpeperslPrtlllcationt I .. Radio ! J TV zx Bnoa`ures• Li',.IletsiIlariloust Site Sign Community Contacts ❑ Others /Sarc,lyl _ _ _ _ _ _ _ __ _ _ _ 7. ANTICIPATED APPLICANT/OCCUPANCY RCSUL TS (Stare rrt number of carts the (acr/,ythnrc max of ol'ciroan(s anticipated as a (Csu(f :i( the .mprrmnntation ul this aff:rmatllr' inexn Ong Plan. A(ternallvtiy, ,na-care In oercrnragc, the a(11rc,Rated themlretru/C n1ry 0, the .nplrcarlr pool expected .rl a result of mn.krt,nv actrwtv.l (Check one) XXxmlte 90 I.XU:ack 10 . XX1mr,:cen md:an or 2 "XXiiopana 35 X.: Asian or 12 I . .Applicant Rawls, (Non•Misoan,e) (Non.H,suan,c) Alaskan Native Pucdic Warder I X. Occupancy Haulm — 6. LXPERIENCE AND STAFF A Indicate any experience 'r. nun km:ny ceasing to the groonbl .rlentil led as 4at1 B Indicate training to he promued to stall on I- ierel, stale and 'peal lain housing .nst ructions to stall regarding la.r housing. See Exhibit I:CII INSTRUCTIONS I: krly to apply X: Yes _. No - - laws and regulations, at well as tnrs Al- NM P•an, Attach a copy of tea 9. ADDITIONAL CONSIDERATIONS: 10. By signing this form, the applicant agrees, alto( appropriate consultation w th HUD, to change any part of the plan covering a multifamily protect to assure continued compliance with Section 200.620 of HUD's Affirmative Fair Housing Marketing Regulation,. FOR FHEO'S —APPROVAL RY-- .1— USE ONLY SIGNATURE OF PERSON SUBMITTING PLAN /j` DISAPPROVAL BY __ __ell/ i SIGNATURE SIGNATURE E ITYpe of (rrnt) Arnold A. Peterson NAME (TyoeCap rinoI I NAME Crepe or print) TITLE AND COMPANY Executive Director Community Development Commission of the City --of Na-tion-al-Citj- - TITLE ! TITLE DATE '—'-- —"- DATE DATE 4-23-85 HUD-935.2 18•B2f i�t.r]p Tt. � ITT T71r..r TI r� R vs.F 1l� �� •.�� ..tom Y� .�.: '--..V •� . • er}tQ A M©RGAN TOWERS 1415 "0" Avenue National City, CA 920' Thank you for your inquiry about Morgan Towers. We are pleased to provide the following information about the Morgan Towers floor plans and tenant eligibility. The following criteria have been established for selecting and maintaining residency: 1. Age and disability requirements: A. Persons 62 years or more in age. 3. Persons living with a Tperson who is 62 years or more in age. C. Disabled persons. D. Pe::sc:i living with disabled person 2. Income requirements - Note: These amounts are subject to periodic change by the U.S. Department of Housing and Urban Development. A. Single persons earning not more than15,400 per year. B. Couple households for which total income is not more than$ 17,6G-0 per year. 3. All residents for both admission and continued occupancy purposes must be able to care for themselves without the need of a daily attendant. 4. Elderly persons living or working within National City shall have first priority for obtaining a unit in Morgan Towers. . The following letters of reference and documentation must be provided at the time of certification interview: your 1. Character reference from clergyman, friend or business associate. 2. Letter from your physician indicating your physical condition and stating that you are capable of independent living. 3. Documentation of your age. 4. Documentation of all sources of income. Your application will be processed within the priorities for residency outlined above. We will advise you in advance of an opportunity to live in Morgan Towers and we can be of assistance in obtaining the letters and documentation you will need. Please complete the attached application and return to: Sincerely yours, H f: L "_`,NAC`-:NT t;ORC A;1 TO ERS 1415 "D" Avenue National City, CA 92050 Managing Anent EQUAL HOUSING OPPORTUN ITY ATTACHMENT 1 MORGAN TOWERS Morgan Towers is a modern high-rise apartment building located in National City near the Civic Center and convenient to shopping and transportation. Morgan Towers was constructed through the combined efforts of the Community Development Commission - City of National City and the U.S. Department of Housing and Urban Development. Horgan Towers was designed to provide a comfortable living environcent for senior citizens. It contains a recreation and dining hall, library, laundry facilities, two elevators, and an e!:•ergency alarm system to enable residents to summon assistance quickly in the event of an emergency. The Towers is 9 stories high and contains 150 one bedroom apartments. Included in the rents are carpets, drapes, ranges, refrigerators, and garbage disposals. The Towers was designed by the firm of Richard George Wheeler, Architects; Roel Construction Company was the General Contractor; professional property management is provided by the ii & L PtANAGT CO. I.' II=6," sa i'b 1fi h; rr DRES' I: A I -n r1;' ,I� _ � ' 17GurN k'ti i+.._ as FT 1;; l I p I j ` „_F . j F_ATN 1 . i FLo0K PEA N FURNITURE SHOWN FOR ILLUSTRAI ION ONLY. NO FURNITURE IS PROVIDED EXCEPT STOVE AND REFRIGERATOR. KIMBALL TOWERS NATIONAL CITY, CALIFORNIA AFFIRMATIVE FAIR HOUSING MARKETING PLAN COMMUNITY CONTACTS The Community Development Commission will send each of the organizations listed below information on Kimball Towers. Black Federation of San Diego 4921 Market Street San Diego, California 92102 263-8161 Contact: Ms. Kathy Rollins, Executive Director Casa de Salud Senior Citizens C/0 National City Parks & Recreation Department 140 E. 12th Street National City, California 92050 477-1181 Ext. 45 Contact: Mary Schmidt Chicano Federation of San Diego 610 22nd Street San Diego, California 92102 236-1223 Contact: Ms. Mary Ellen Mackin Council of Filipino -American Org. 2952 Market Street San Diego, California 92102 233-7396 Contact: Mr. Beope Balista, Director Indian Center 1623 Fifth Avenue San Diego, California 92101 233-6318 Contact: Chris Soto, Director of Housing & Welfare MAAC Project 140 W. 16th St. National City, California 92050 263-9100 Contact: Carmen NAACP 2357 Imperial Avenue San Diego, California 92102 236-9078 Contact: Deborah Robertson National City Senior Citizens Advisory Coazni ttee C/O National City Parks & Recreation Dept. 140 E. 12th Street National City, California 92050 477-1181 Ext. 45 Contact: Mary Schmidt Neighborhood House 841 South 41st Street San Diego, California 263-7765 Contact: Ms. Anna I•larshall 92113 National City Senior Citizens Club C/O National City Parks & Recreation Dept. 140 East 12th Street National City, California 92050 477-1181 Ext. 45 Contact: Mary Schmidt Union of Pan -Asian Communities 1031 25th Street San Diego, California 92102 232-6454 Contact: Ms. Beverly Yip, Director Urban League P. 0. Box 8248 San Diego, California 92102 263-9271 Contact: Wilmer Cooks ATTACHMENT 2 INSTRUCTIONS TO EXPLOYEES REGRDING CCY?LIANCE WITH LOCAL, STATE AND FEDERAL FAIR HOUSING LAWS All officers and staff of the Community Development Commission of the City of National City shall be instructed in writing and orally of the following: POLICY: It is the policy of the Cor_nunity Development Commission of the City of National City to obey all applicable fair housing laws, to refrain from discrimination with regard to any application for a Certificate on the basis of race, color, creed, religion, sex or national origin and to affirmatively promote fair housing. A list of applicable fair housing laws is attached. ENFORCE?SENT : Families experiencing discrimination covered by Fair Housing Law may file a complaint with the Equal Cpportunity section of the Department of Housing and Urban Development. The complainant may state the complaint in a letter or'use a HUD complaint form (;HUD-903) copies of which the Community Development.Commission has available. Complaints must be sent to HUD within 180 days of the alleoed discriminatory act. The Community Development Ccm:nission shall assist families desiring assistance in filing a complaint when necessary. Arnold A. Peterson Executive Director YZit"(/-0-T,117—&-,4.4v "2// 9//'/ ATTACHMENT 3 'LIST OF FEDERAL STATE AND LOCAL FAIR HCUSING LAWS The basic policy underlying Fair Housing Laws is that discrimination in :cnr,ecticn with the sale or rental of housing accommodations should not be :ermitted. Discrimination is the differential treatment of any person solely ',ecause of race, color, creed, religion, sex, national origin or ancestry. .. State Fair Housing Laws 1. Unruh Civil Rights Act (Civil Code Sections 51 and 52) This law prohibits discrimination in "all business establishments of every kind whatsoever.' Court decisions have defined "business establishments' to include multiple dwellings of three or more units, tract deveiopments and real estate brokerage offices. 2_ Rumford Fair Housing Act (Health and Safety Code Sections 3 7C0-357 4) This law prohibits discrimination in public and redevelopment housing; publicly -assisted, owner -occupied, single -unit homes for sale, and any dwelling containing three Or more units, even though not publicly assisted. Discrimination in transactions by real estate offices, builders, developers and lenders is also prohibited. Federal Fair Housing Laws 1. Civil Rights Act of 1958, Title VIII, Fair Housing Sections 3501-3619 42 U. S. Code This law prohibits discrimination in the sale or rental of residential property involving all buildings containing five or more units; buildings with two, three or four units if the owner does not live in the building; one -family houses sold or ranted by those who own more than three single-family houses, and all one -family houses which are • sold cr rented with the services of a real estate broker, agent or salesman. The law also prohibits discrimination by mortgage lending institutions and by real estate boards in their ,membership policies and in participation in multiple listing services, and makes "bicckbusing" ille;al. 3lockbusing is defined, a to induce or attempt to induce any person to sell or rent any dwelling by representations re_ardir,g the entry into the neighborhood of persons of a particular race, religion, or national origin." 2. Civil Richts Act of 1954, Title VI, Nondiscrimination in Federally Assisted. Programs. This law provides that no person shall, on the ground of race, color,- - 1 - or national origin, to excluded from participation in, be denied the .benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 3. Executive Order 11063. Equal Opportunity in Housing This order requires all Federal departments and agencies to take all action necessary •and appropriate to prevent discrimination because of race, color, creed, or national origin in the sale or rental of residential property and related facilities owned cr operated by the Federal Government or provided with Federal financial assistance. The order also prohibits discrimination in lending practices, insofar as such practices relate to loans insured or guaranteed by the Federal Government. 4. Federal Statute of 1865 U. S. Code Section 1982 The United States Supreme Court has determined that this law prohibits any racial discrimination in any kind of housing, regardless of whether the housing is covered under any other law. S. Federal Reguiaticns Federal Regulations require display of the HUO Fair Housing Poster at all Community Development Ccmission offices. The poster lists the types of discrimination to be guarded against, the buyers' or renters' right to file complaints if discrimination exists, and the address of the HUD Area Office to receive them. In addition, Federal Regulations require the use of the equal housing opportunity logotype, statement and slogan in certain public notices, published by the Community Development Commission. Local Fair Housing Laws Policies adopted by the Community Development Commission pursuant to the U. S. Housing Act of 1937 and regulations pertaining thereto prohibit' discrimination based on race, color, creed, religion, sex or national 'origin in the operation of the Section 8 Housing Assistance Payments Program. - 2 -