Residential Housing Assistance Board Rules and Regulations-2023Doc:23-022
Ordinance 2023-051
1. The Residential Housing Assistance Board shall be an independent body. The Board
shall formulate its own rules of procedure for the administration of its meetings as set
forth in City of Fairlawn Codified Ordinances (FCO) Chapter 291, attached hereto as
Exhibit A and made apart hereof, and approved by Fairlawn City Council. If the Board
cannot agree upon a procedure, Roberts Rules of Order shall be used to determine the
procedure, and any interpretation, if needed, shall be made by the Law Director.
2. The Board is a public board and shall meet the requirements of the open records and
meeting provisions of the Ohio Revised Code, the City of Fairlawn Codified Ordinances,
and the Charter of the City of Fairlawn.
3. Meetings of the Board shall take place regularly on the second Tuesday in January, April,
July, and October.
4. No business shall proceed without a quorum present. A quorum shall consist of the
majority of members appointed to the Board.
5. At the first meeting of each year, the board shall elect a Chairperson, Vice-Chairperson,
and Secretary. The Chairperson shall preside over each meeting of the Board, or the
Vice-chairperson shall preside in the absence of the Chairperson. In the absence of both
the Chairperson and Vice-Chairperson, the Secretary shall preside over the meeting.
6. The Board shall keep complete minutes of its meetings. A draft of the meeting minutes
shall be provided to the Board members within a reasonable time by the Recording
Secretary. If no objections to the minutes as drafted are received within seven days, the
Chairperson has the discretion to approve the minutes in order to administer approved
funds to applicants in a timely manner.
7. The Board shall administer the funds provided for the Residential Housing Assistance
Board as set forth in FCO Section29I.0ll (see Exhibit A) for reimbursement of the
installation of water control devices within or upon residential property and approve or
disapprove reimbursement for said installation of said devices in the amount not to
exceed 50% of the requested reimbursement, with the maximum amount being
$3,000.00, whichever is less for said improvement.
8. The Board shall administer the funds provided for the Residential Housing Assistance
Board as set forth in FCO Section2gl.0ll (see Exhibit A) for reimbursement of the
installation of electric panels, wiring, or other electrical equipment in the amount not to
exceed 50% of the requested reimbursement, with the maximum amount being
53,000.00, whichever is less for said improvement.
9. An eligible owner-occupant is entitled to reimbursement for up to a total of $3,000.00
during the life of this progftIm for all items combined.
Page I of 2 Approved by RHAB 04/11/2023
Approved by Fairlawn City Council 06/05/2023
Doc 23-022
Ordinance 2023-051
10. The Board shall administer the funds provided for the Residential Housing Rehabilitation
Financial Assistance Program as set forth in FCO Section29l.02.
11. The Board shall receive applications from eligible residents. The applications received
shall be considered by the Board for eligibility, priority, and payment pursuant to FCO
Chapter 291 "Residential Housing Assistance Board" (see Exhibit A).
12.The Board reserves the right to require additional information as it deems appropriate.
13. A member of the Board who has a personal or financial interest in the premises or
dwelling subject of a hearing for determination shall be precluded from sitting on the
Board for that particular hearing or determination.
14. The decision of the Board shall be final, and the resident shall have the right to appeal the
decision by the method provided by the Ohio Revised Code for the appeal of the
administrative decision.
15. The Board shall develop and implement an application form for each program. The
Board may modifr and approve modifications to the application forms as may be
necessary from time to time.
16. Each applicant must use the designated application approved and provided by the Board
for each program.
Approved by the Residential Housing Assistance Board on the 1le day of April,2023.
Lisa Gould, Chairperson
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Approved by Fairlawn City Council Ordinance 2023-051on the 5s day of June,2023
Tonja MMC
Approved by RHAB 0411112023
Approved by Fairlawn City Council 06/05/2023
Clerk of Council
Page2 of2
CHAPTER 291
Residential Housing Assistance Board
291.01 Residential Housing Assistance Board.
291.011 Residential Housing Reimbursement Program.
291.02 Residential Housing Rehabilitation Financial Assistance Program.
291.01 RESIDENTIAL HOUSING ASSISTANCE BOARD.
(a) The Residential Housing Assistance Board shall consist of a minimum of ten members appointed by the Mayor with
the approval of Council for overlapping terms of three years until a successor is appointed, and the terms shall be staggered.
(b) The Residential Housing Assistance Board shall include a balanced representation of the following groups located
within the City of Fairlawn.
(1) A bank or other financial institution that loans money;
(2) A nonprofit builder or developer of housing;
(3) A for-profit builder or developer of housing;
(4) A for-profit builder or developer of rental housing:
(5) A real estate broker licensed under Ohio R.C. Chapter 3745;
(6) A professional with knowledge regarding rental housing and fair housing issues;
(7) A resident of the City of Fairlawn that could receive housing assistance through this program;
(8) A member of the Real Property Maintenance Board;
(9) A member of Fairlawn City Council;
(10) A member of City of Fairlawn Administration.
(c) A member who has a personal or financial interest in the premises or dwelling that is the subject of the hearing or
determination by the Residential Housing Assistance Board shall be precluded from sitting on the Residential Housing
Assistance Board for that particular hearing or determination.
(d) The Board may meet as many times per year as it determines is appropriate under the circumstances. However, the
Board shall meet at least once annually in the last quarter of the year.
(e) Meetings shall commence at a time and place designated by the Residential Housing Assistance Board. No business
shall proceed without a quorum present. A quorum shall consist of a majority of members appointed to the Residential
Housing Assistance Board.
(f) The Residential Housing Assistance Board shall, by its own vote, elect at the first meeting of each year a chairperson
who shall preside at each meeting as well as a vice chairperson who shall preside in the absence of the chairperson.
(g) The Residential Housing Assistance Board is a public board and shall meet the requirements of the open records and
meetings provisions of the Ohio Revised Code, Codified Ordinances of the City of Fairlawn and Charter of the City of
Fairlawn.
(Ord. 2004-085S. Passed 12-20-04; Ord. 2006-046. Passed 6-19-06; Ord. 2006-065. Passed 9-18-06; Ord. 2006-087.
Passed 10-2-06; Ord. 2006-102A. Passed 2-5-06; Ord. 2007-060. Passed 9-4-07; Ord. 2009-006. Passed 2-23-09; Ord.
2012-063A. Passed 10-1-12; Ord. 2016-091A. Passed 1-23-17; Ord. Passed 2022-042A. Passed 11-21-22.)
291.011 RESIDENTIAL HOUSING REIMBURSEMENT PROGRAM.
(a) The following residents of the City of Fairlawn shall be eligible to receive the reimbursement of funds through the
administration of the Residential Housing Assistance Board.
(1) Owner-occupants of residential property constructed within the City of Fairlawn on or before January 1, 2000, or
residential property which is five years beyond the certificate of occupancy for the residential structure.
(2) Owner-occupants of two-family or three-family residential property constructed within the City of Fairlawn on or
before January 1, 2000, and/or are ten years beyond its certificate of occupancy for the residential structure.
(b) An eligible owner-occupant may receive reimbursement after installation and receiving inspection approval for
implementation of water control devices installed on or after July 1, 2003, within the subject real estate for the lesser of 50%
of the reasonable and necessary cost of the material and installation of said flood control devices up to a maximum of
$3,000.00, which are intended to prevent stormwater or wastewater flooding, including, but not limited to: backflow
Exhibit A
Rules and Regulations of the Residential Housing Assistance Board
preventers; sump pumps; sump pump back-up battery systems; the disconnecting of storm drains from sanitary drains;
downspouts and gutters; and surface mounding in flood plain areas constructed pursuant to the requirements of Chapter
1460 of this Code; and other related items including surface drainage devices such as trench drains and interior perimeter
floor trench drains connected to a sump pump which empties into a stormwater sewer or exterior surface drainage device.
(c) Priority for the installation of water control devices is:
(1) Backflow preventers;
(2) Sump pumps and sump pump backup battery systems;
(3) Disconnecting of storm drains from sanitary sewers;
(4) Surface drainage devices such as mounding and trench drains; and
(5) Other flood control-related items.
(d) The following items shall not be considered flood control devices:
(1) Landscaping other than surface mounding in floodplain areas;
(2) Basement wall waterproofing, interior or exterior; and
(3) Cleaning gutters and downspouts.
(e) An eligible owner-occupant may also receive reimbursement after installation and receiving inspection approval from a
licensed electrician for installation of electrical panels, wiring, or other electrical equipment which installation was
recommended due to safety concerns and which are installed on or after January 1, 2023, for the lesser of 50% of the
reasonable and necessary cost of the material and installation of said equipment or devices, up to a maximum of $3,000.00.
(f) An eligible owner-occupant is entitled to reimbursement for up to a total of $3,000.00 during the life of this program (for
all items combined).
(g) The Council of the City of Fairlawn shall each year appropriate funds it determines are available for said program,
and the Residential Housing Assistance Board shall be limited in its power to approve reimbursements to approve the
eligible residents by the amount appropriated for this purpose by Fairlawn's City Council. The Residential Housing
Assistance Board shall formulate rules, regulations, and forms to implement the payment of the appropriations of Fairlawn's
City Council for this program.
(1) The rules and regulations formulated by the Residential Housing Assistance Board shall be presented to Council for
review and final approval before implementation.
(2) The Residential Housing Assistance Board shall receive applications from eligible residents. The applications
received shall be considered by the aforementioned Board for eligibility, priority, and payment.
(3) The Board shall give priority to eligible residents who are over the age of 65; persons receiving government
disability payments, permanently or totally disabled under the age of 65 and entitled to the homestead exemption provided
by Ohio Law; a surviving spouse entitled to the homestead exemption provided by Ohio Law, or whose household income is
at or below federal poverty standards. Applicants may volunteer to provide the foregoing eligibility information, but are not
required to do so if they are not concerned about priority.
(h) The decision of the Residential Housing Assistance Board shall be final, and the resident shall have the right to
appeal said decision by the method provided by the Ohio Revised Code for the appeal of administrative decisions.
(i) Inspections required by the Residential Housing Assistance Board shall be performed by the County of Summit
Department of Environmental Services or any other entity so designated by the City of Fairlawn Administration.
(1) Inspections of water control devices implemented and installed prior to the passage of this section may be
performed by a qualified employee of the City of Fairlawn designated by the Mayor of the City of Fairlawn.
(Ord. Passed 2022-042A. Passed 11-21-22.)
291.02 RESIDENTIAL HOUSING REHABILITATION FINANCIAL ASSISTANCE PROGRAM.
(a) There is hereby created Fairlawn City Code Section 291.02, known as the Residential Housing Rehabilitation
Financial Assistance Program.
(b) Rehabilitation assistance may be provided to low-income persons living in single-family residences in the City of
Fairlawn through the program known as the Residential Housing Rehabilitation Financial Assistance Program administered
as the Residential Housing Assistance Board.
(c) The Residential Housing Assistance Board shall review and approve or disapprove applications for financial
assistance.
(d) The decision of the Residential Housing Assistance Board shall be final, and the resident applicant shall have the
right to appeal said decision by the method provided by the Ohio Revised Code for the appeal of an administrative decision.
(e) The Residential Housing Assistance Board may establish deadlines for submitting an application for funds
appropriated for this purpose by the Council of the City of Fairlawn, and upon the approval of the Residential Housing
Assistance Board, the Finance Director is authorized and directed to make payment for said financial assistance from the
funds so appropriated.
(f) (1) Applicant shall be an individual owner and/or joint owners, occupying a single-family, two-family or three-family
residence located in a residentially zoned district in the City of Fairlawn for a minimum of three years prior to the application
for assistance.
A. If the residence is owned jointly, one of the owners must be an occupant and must meet the residency and
ownership requirements stated herein.
(2) Application forms shall be developed and implemented by the Residential Housing Assistance Board and may be
modified from time to time as approved by the Board.
A. All owners of the property must be listed on the application and must sign the application, thereby verifying the
accuracy of the information contained therein and further consenting to be bound by all Federal, State, and local laws, as
well as all Rules and Regulations, promulgated by the Residential Housing Assistance Board.
(3) The Residential Housing Assistance Board shall satisfy itself that there is sufficient unencumbered equity in the
subject real property to cover the anticipated loan requested under this program.
(4) Low-interest loans or deferred no-interest loans, a minimum of which shall be$1,000.00 and a maximum of which
shall not exceed$10,000.00, shall be available in accordance with subsections (g) and (h) herein for repair or replacement of
the following items:
A. Roofs.
B. Exterior painting.
C. Gutters.
D. Exterior siding.
E. Windows.
F. Sidewalk.
G. Driveway.
H. Garage door.
I. Structural integrity.
(5) Priority shall be given to applicants who have received a notice to comply from the Zoning, Housing, and Residential
Building Commissioner.
(6) All permit and inspection fees must be paid by the applicant.
(g) Criteria for the 0% Deferred Loan shall be:
(1) The owner-occupant must be 65 years of age or older or be totally and permanently disabled. The owner-occupant
must have owned and occupied the residence for a minimum of three years prior to the application, and the residence must
be located in a City of Fairlawn residentially zoned district.
(2) All utilities, property insurance, property taxes, and City of Fairlawn income tax must be current and remain current
throughout the loan period.
(3) The total annual household income shall not exceed the eligibility limitations set forth herein.
(4) A loan not to exceed$10,000.00 shall be secured by a promissory note and a mortgage deed on the real estate,
both of which shall be executed by all the owners and recorded with the Summit County Fiscal Office (SCFO). No monthly
payment or interest shall be charged on this loan.
(5) The full amount of the loan shall become due and payable upon the sale or any other transfer of an interest in whole
or in part in the real estate, death of the owner-occupant, or the real estate is no longer used as the owner-occupant's
principal residence.
(h) Criteria for the Low-Interest Loan shall be:
(1) The owner-occupant must have owned and occupied the residence for a minimum of three years prior to the
application, and the residence must be located in a City of Fairlawn residentially zoned district.
(2) All utilities, property insurance, property taxes, and Fairlawn income tax must be current and remain current
throughout the loan period.
(3) The total annual household income shall not exceed the eligibility limitations set forth herein.
(4) A loan not to exceed$10,000.00 shall be secured by a promissory note and a mortgage deed on the real estate,
both of which shall be executed by all the owners and recorded with the Summit County Fiscal Office (SCFO). The
maximum time period of this loan shall be 15 years with a fixed interest rate not to exceed 5%.
(5) The remaining balance of the loan, including interest, shall become due and payable upon the sale or any other
transfer of an interest in whole or in part in said real estate, death of the owner-occupant, or the real estate is no longer used
as the owner-occupant's principal residence.
(i) (1) The annual income eligibility limitations for the City of Fairlawn's loan program shall be based upon the adjusted
gross income of the owner occupant as reported on the owner occupant's Federal income tax return filed in the year the
application for assistance is received by the City.
(2) The annual income eligibility shall be 200% of the Federal poverty guidelines for the 48 contiguous states and the
District of Columbia for the year of application, as published in the Federal Registry by the Secretary of the Department of
Health and Human Services.
(3) Applicant shall provide the Residential Housing Assistance Board the following:
A. Copies of Federal, State, and local income tax returns for the immediate prior three calendar years from the date
of the application;
B. Copies of all bank, credit union, brokerage statements, and any other financial institutional statements in which
applicant has an interest for the six month period immediately preceding the date of the application;
C. Written description of the project for which the application is being made and copies of all estimates and/or
proposals for the same; and
D. Any other documentation and information deemed appropriate by the Residential Housing Assistance Board.
(j) (1) Each loan requires:
A. Inspection by the City of Fairlawn Zoning, Housing and Residential Building Commissioner at the time an
application is submitted and periodically throughout the construction period.
B. Owner shall obtain more than one bid for each project, and bids from an immediate family member are not
acceptable.
C. The City may provide technical assistance in selecting a contractor.
D. Distribution of funds jointly to the owner and contractor providing the work.
(k) (1) Limitations of the Loan.
A. The Loans approved by the Residential Housing Assistance Board shall be limited to the lowest bid submitted by
the applicant but shall not be greater than$10,000.00.
B. All owners of the property shall indemnify the City of Fairlawn, its public officials, and employees from any loss,
cost, damage, expense, or liability arising out of or in connection with their duties with the City or the contractor's respective
performance in this matter.
(Ord. 2009-008A. Passed 2-23-09; Ord. 2016-091A. Passed 1-23-17; Ord. Passed 2022-042A. Passed 11-21-22.)