“Affordable housing” means housing available to low to moderate income (LMI) individuals and families enabling LMI households to pay no more than 30 percent of household income for gross housing costs, including utilities.

“Affordable Housing Trust Fund Review Committee” or “Committee” means an 11-member committee established for the purpose of administering the manner in which funds held in the housing trust fund are accepted and allocated. The Committee shall be made up of the following individuals: (1) Director of Administrative and Financial Services, or designee; (2) Director of Planning and Development, or designee; (3) City Manager, or designee; (4) Housing and Credit Counseling, Inc. (HCCI) representative; (5) Kansas Housing Resource Corporation (KHRC) representative; (6) a local financial institution representative; (7) Citizen Advisory Council (CAC) Chairperson, or designee from the CAC; (8) an affordable housing provider appointed by the Mayor and approved by the City Council; and (9) a poverty advocate appointed by the Mayor and approved by the City Council; and (10) two residents of the City appointed by the Mayor and approved by the City Council. The Director of Planning and Development, or designee, will serve as the Chairperson of the Committee.

“Area median income” or “AMI” means the area median income, adjusted for household size, for Shawnee County as determined by the U.S. Department of Housing and Urban Development.

“Blighted property” means any property adversely affected by detrimental environmental conditions, topographic problems, uncontrolled vegetation, inaccessibility or substandard structures.

“Citizen Advisory Council (CAC)” refers to an advisory group consisting of a representative from each neighborhood improvement association and three at-large members appointed by the Governing Body which provides recommendations to the City Manager as to neighborhood and community needs and the allocation of City, Federal and Topeka housing funds.

“City” means the City of Topeka, Kansas.

“Dilapidated home” means a substandard dwelling, the repair of which would cost more than 50 percent of the replacement cost of the structure.

“Emergency shelter” means any facility, the primary purpose of which is to provide temporary or transitional shelter for the unsheltered.

“Extremely low income” means the household annual adjusted income is 30 percent or less of the area median income as determined by HUD.

“Gap funding” means the amount of money needed to fund the proposed project or program that is not currently provided by cash, equity or debt where at least two sources have been secured and all possible sources, including developer funds and private financing, have been pursued and optimized.

“Homeowner” means a person whose customary and usual abode is in a dwelling to which such person has title, a life estate or is buying under a land sales contract.

“Housing and neighborhood development” shall include the terms and programs associated with community development, housing development, neighborhood development, economic development or any other term or program utilized with the intent of improving any aspect of the City of Topeka.

“Housing trust fund” or “fund” means a public/private financial resource that can accept and disburse funds for acquisition, rehabilitation and development of affordable housing including transitional housing projects, programs furthering affordable housing in the community, and/or emergency shelter and supportive services related to affordable housing.

“HUD” means U.S. Department of Housing and Urban Development.

“Low and moderate income (LMI)” means the household annual adjusted income does not exceed 80 percent of the area median income.

“Low-moderate area benefit activity (LMA)” is an activity that is available to benefit all residents of an area, which is primarily residential, where at least 51 percent of the residents are low-moderate income (LMI) persons. In order to qualify on an area benefit basis, an activity must meet the identified needs of low-moderate income persons residing in an area. (LMA benefit activities are subject to other applicable HUD rules, regulations and guidelines.)

“Low-moderate income household” is established by the combined income of all persons residing in a housing unit to determine, using Section 8 income guidelines, if the household income meets the HUD median annual family income limits. (LMI households are subject to other applicable HUD rules, regulations and guidelines.)

“Low-moderate income housing activity (LMH)” is an activity that assists in the acquisition, construction, or improvement of permanent residential structures (including homeownership) only to the extent that an LMI household occupies the housing unit. The housing unit may be occupied by either owner or renter upon completion and may be either one-family or multi-unit structures. (LMH benefit activities are subject to other applicable HUD rules, regulations and guidelines.)

“Low-moderate income job activity (LMJ)” is an activity that creates or retains jobs for low-moderate benefit only three ways: be located in a predominantly LMI area and serve LMI income residents; or involves facilities designed for use by predominantly LMI persons; or involves the employment of persons, either to create or retain jobs, principally for LMI persons. (LMJ benefit activities are subject to other applicable HUD rules, regulations and guidelines.)

“Low-moderate income limited clientele activity (LMC)” is an activity that provides benefit to a specific group of persons rather than everyone in an area generally. It may benefit persons without regard to the area in which they reside. To qualify under this activity clientele must meet one of the following: benefit a clientele who are generally presumed, by HUD, to be principally LMI persons; or be of such nature and in such location that it may be concluded that the activity’s clientele will be LMI persons; or the activity removes architectural barriers to the mobility or accessibility of elderly or severely disabled persons; or the activity requires information on family size and income, as to determine LMI status. (LMC benefit activities are subject to other applicable HUD rules, regulations and guidelines.)

“Neighborhood improvement association (NIA)” means an organization whose boundaries include a census block group or multiple census block groups where at least 51 percent of the household annual incomes are at or below 80 percent of the area median income as determined by the United States Census. The City Manager must certify these boundaries before the NIA can receive funding.

“Rehabilitation” means repair of a substandard dwelling to conform to the minimum code or property rehabilitation standards established for housing and neighborhood development purposes.

“Substandard home” means a dwelling that does not conform to the City’s International Property Maintenance Code (IPMC).

“Supportive services” means housing-related or other services that assist individuals and families to locate, obtain or retain affordable, quality, permanent housing. Eligible activities include: deposit/rental or utility assistance; tenant counseling; credit counseling; payment of application fees; outreach services; life skills training; and/or minor home repair. (Ord. 20460 § 1, 10-17-23. Formerly 2.105.010.)