19781017 1978-19ORDINANCE NO.
1978-19
AN ORDINANCE AMENDING ARTICLE VIII OF
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 Article VIII of Chapter 7 of the Code of the City
of Fairfax, Virginia, be and it hereby is amended in the following
manner:
1. That section 7.38 of the said Article be and it hereby is
amended to read in its entirety as follows:
"Sec. 7.38 Definitions.
For the purposes of this Article, the following words and
phrases shall have the meanings respectively ascribed to them by
this 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 agent.
"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.
"Permanently and totally disabled" shall mean unable to
engage in any substantial gainful activity by reason of any
1978-19 -2
medically determinable physical or mental impairment or deformity
which can be expected to result in death or can be expected to
last for the duration of such person's life.
"Rent" shall mean the monetary consideration paid for
occupation of the dwelling unit.
"Tenant" shall mean one who resides in a dwelling, for
the privilege of which rent is paid."
2. That section 7.39 of the said Article be and it hereby
is amended to read in its entirety as follows:
"Sec. 7.39. Grants Authorized.
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 either
(a) are not less than 65 years of age, or (b) are determined to b~
permanently and totally disabled. Persons qualifying for grants
are deemed to bear an extraordinary burden in rent costs in
relation to their income and net worth and to be in need of
relief."
3. That section 7.40 of the said Article be and it hereby is
amended to read in its entirety as follows:
"Sec. 7.40. Administration of Grants.
The grants shall be administered by the City Manager acco
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 c
this Article as may be reasonably necessary to determine qualifica
tions for grants as specified by this Article, whether such
qualification is based upon age or disability, including,but not
limited to, the requirement of answers under oath, and the produc-
tion of rent receipts or cancelled checks. The City Manager may
also require the production of certified Federal tax returns and
appraisal reports to establish income or financial worth."
1978-19
-3
4. That section 7.41(b) of the said Article be and it hereby
is amended to read in its entirety as follows:
"b. The applicant, or his spouse if they live together,
must on December 31 of the grant year be either
(i) 65 years of age or older, or
(ii) permanently and totally disabled."
5. That section 7.41(c) of the said Article be and it
hereby is amended to read in its entirety as follows:
c. The gross combined income of the applicant(s)
during the grant year shall be an amount not in excess of $10,000.
Gross combined income shall include all income from all sources
of the applicant(s) and of the relatives of the applicant(s) living
in the dwelling for which the rent relief is claimed. The first
$4,000 of the total income of all such relatives will be exempted.
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."
6. That section 7.42(b) of the said Article be and it
hereby is amended to read in its entirety as follows:
"b. The Affidavit shall set forth, in a manner prescribe,
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. If the person claiming a grant is under sixty-
five years of age such Affidavit shall have attached thereto a
certification by the Social Security Administration, the Veteran's
Administration, or the Railroad Retirement Board, or if such persor
is not eligible for certification by any of these agencies, a swc
affidavit by two medical doctors licensed to practice medicine in
the Commonwealth, to the effect that such person is permanently
and totally disabled, as defined in section 7.38 hereinabove.
The affidavit of at least one of such doctors shall be
1978-19 -4
based upon a physical examination of such person by such doctor.
The affidavit of one of such doctors may be based upon medical
information contained in the records of the Civil Service Commis-
sion which is relevant to the standards for determining permanent
and total disability."
This amendment shall become effective January 1, 1979.
ATTEST:
Introduced: September 26, 1978
October 17, 1978
Adopted:
Mayor