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19730116 1973-2ORDINANCE NO. 1973-2 AN ORDINANCE ADDING A NEW ARTICLE TO CHAPTER 7 OF THE CODE OF THE CITY OF FAIRFAX, VIRGINIA PROVIDING FOR RENTAL RELIEF FOR QUALIFIED ELDERLY TENANTS. BE IT ORDAINED by the City Council of the City of Fairfax, Virginia, that Chapter 7 of the Code of the City of Fairfax, Virginia, be and it hereby is amended by adding a new article, Article VIII, reading in its entirety as follows: ARTICLE VIII. RENTAL RELIEF FOR QUALIFIED ELDERLY TENANTS. Sec. 7.38 Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by ,~is section: "Affidavit" shall mean the Rental Grant Affidavit. "Applicant" shall mean the person who applies for rent relief. "City" shall mean the City of Fairfax, Virginia. "City Council" shall mean the City Council of the City of Fairfax, Virginia. "City Manager" shall mean the City Manager of the City of Fairfax, Virginia, or any of his duly authorized deputies or agents. "Dwelling" shall mean the full-time residence of the person or persons seeking a grant. "Grant" shall mean a financial assistance payment made to any person meeting the requirements of this Article. "Grant Year" shall mean the calendar year for which a grant is sought. "Rent" shall mean the monetary consideration paid for occupa- tion of the dwelling unit. "Tenant" shall mean one who resides in a dwelling, for the privilege of which rent is paid. Sec. 7.39 Grants Authorized: Effective Date. Grants in varying amounts according to the terms of this Article are hereby provided for qualified tenants who are residents of the City of Fairfax, Virginia, and who are not less than 65 years of age. Persons qualifying for grants are deemed to bear an extra- ordinary burden in rent costs in relation to their income and net worth 1973-2 and are in need of public relief. Such persons thus qualify for General Relief as provided in the Code of Virginia, 1950, Section 63.1-106. The effective date of this Article shall be January 1, 1973 and payments shall be made in fiscal year 1973/74 for rents paid and income earned during 1972. Sec. 7.40 Administration of Grants. The grants shall be administered by the City Manager accord- ing to the provisions of this Article. The City Manager is hereby authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations in conformance with the provisions of this Article including but not limited to the requiring of answers under oath, and requiring the production of rent receipts or cancelled checks to determine the validity of grant claims. The City Manager may also require the production of certified Federal tax returns and appraisal reports to establish income or financial worth. Sec. 7.41 Qualifications for Grants. Rent relief will be granted to persons who qualify under the following criteria: a. The applicant must have paid rent for his resident hous- ing within the City of Fairfax during the grant year and must be a resident of the City on December 31 of the grant year. b. The applicant, or his spouse if they live together, must be 65 years of age or older on December 31 of the grant year. c. The gross combined incomes of the applicant(s) during the grant year shall be an amount not in excess of $7,500.00. Gross combined income shall include all income from all sources of the applicant(s) and of the applicants' relatives living in the dwelling for which the rent relief is claimed. If the applicant has been a resident of the City for less than the full grant year, the income received for the grant year and the maximum allowable income shall be prorated for the period of actual residency. d. The total combined financial worth of the applicant(s) as of December 31 of the grant year must not exceed $25,000.00. The computation of total combined financial worth shall include the value of all assets, including equitable interests of the applicant(s) and - 2 - 1973-2 the applicants' relatives living in the dwelling for which rent relief is claimed. e. The applicant, or his spouse if they live together, must not receive financial assistance under the provisions of the Virginia public welfare laws and implementing regulations, or the 236 Program administered by the Department of Housing and Urban De- velopment. Sec. 7.42 Claiming of Grant. a. Annually, but not later than March 15 in 1973 and for subsequent years not later than February 15 of the year following the grant year, the person claiming a grant shall file with the City Manager a Rental Grant Affidavit and such other information as may be required according to procedures set forth by the City Manager. b. The Affidavit shall set forth, in a manner prescribed by the City Manager, the name or names of the applicant(s), the names of the related persons sharing the same dwelling with the applicant, their gross combined income, and their total combined financial worth. c. If, after audit and investigation, the City Manager deter- mines that the applicant(s) is entitled to a grant, he shall so certify to the Comptroller of the City of Fairfax who shall pay to the applicant the amount of the grant as determined by Section 7.43. Sec. 7.43 Amount of Grant. For qualifying applicant, the amount of the grant shall be fifteen per centum (15%) of the actual annual rent paid for a dwelling in Fairfax City during the grant year, or $325, whichever is less. For a qualifying applicant residing in Fairfax City for less than the full year, the amount of the grant shall be fifteen per centum (15%) of the actual rent paid during the period of residence, or a grant of $27 for each month of residence, whichever is less. Sec. 7.44 Chanqe in Status. Changes in income, financial worth, ownership of property or other factors occurring during the taxable year for which the Affidavit is filed and having the effect of nullifying qualifications previously obtained under this Article shall disqualify any person or persons as recipients of rental grants for the grant year in which such change occurs and for the grant year immediately following. - 3 - 1973-2 Sec. 7.45 Violations. Any person or persons falsely claiming a grant shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $50.00 nor more than $500.00 for each offense. Sec. 7.46 Administration. For record keeping purposes the rental relief will be handled as any other expenditure in the General Fund Budget, with payment made directly to the qualifying applicant. Introduced: Adopted: December 19, 1972. January 16, 1973. Mayor Attest: City Clerk - 4 -