Common use of Accessible Housing Unit Plan Clause in Contracts

Accessible Housing Unit Plan. The Department acknowledges that the City has developed an Accessible Housing Unit Plan (AHUP) pursuant to the agreement with the Private Plaintiffs. The City shall work with the Private Plaintiffs to prepare or revise, in consultation with the Department, relying on the on-site accessibility surveys from Paragraphs 18.a, 18.b, and 18.c and taking into consideration comments from the public hearing held pursuant to Paragraph 18.d, the Accessible Housing Unit Plan. The City shall revise the current plan, as needed, to meet the requirements of this Agreement. The City shall complete and submit the draft Accessible Housing Unit Plan to the Department for review and approval no later than one (1) year after the Effective Date. After it is initially created based on surveys conducted before or in the first year and other factors, the Accessible Housing Unit Plan will be updated annually, as appropriate and subject to HUD approval, to reflect the results of additional surveys and other occurrences, including a HUD-approved change in the accessibility survey schedule. In the Accessible Housing Unit Plan, Housing Developments selected as the site for any Housing Unit to be counted towards the Target Number of Units will be selected so as to maximize the placement of Housing Units with Mobility Features in Housing Developments that comply with all applicable Accessibility Standards. Sites for Housing Units with Hearing/Vision features will be selected so as to maximize integration. The plan shall recommend locations of Accessible Housing Units in accordance with the following objectives: i. Accessible Housing Units shall be geographically distributed throughout the Housing Developments so as to provide Persons With Disabilities with access to Housing Developments to the maximum extent feasible; ii. Accessible Housing Units shall be provided in a range of Housing Unit sizes (e.g., two bedroom) and amenities (e.g., playgrounds and other recreation areas) so that individuals with disabilities have equal access to the different housing options provided in the City’s housing programs; iii. Accessible Housing Units shall be provided so as to maximize affordability for low-income and moderate income individuals with disabilities, except that some market rate Housing Units with Mobility Features and Housing Units with Hearing/Vision Features shall be provided and geographically distributed in Housing Developments where market rate Housing Units are provided consistent with Section 504, ADA, and Fair Housing Act requirements; and iv. Accessible Housing Units shall be provided so as to maximize access to public transportation, proficient schools, employment opportunities, grocery stores, other retail establishments, medical providers, and parks, playgrounds, and other recreational areas and significant community amenities; v. No more than fifteen percent (15%) of the Housing Units in any Housing Development may be counted toward the Target Number of Accessible Housing Units that the City must provide (specifically, no more than eleven percent (11%) of the Housing Units in any Housing Development with Mobility Features and no more than 4% Housing Units in any Housing Development with Hearing/Vision Features) unless the Department provides specific written authorization to do so at a particular Development based on written and other documentary evidence provided by the City that a particular Housing Development affords persons with disabilities a housing location that is particularly desirable because of factors such as age/condition and amenities of the Housing Development or the neighborhood where the Housing Development is located. vi. While a key objective of this Agreement is to maximize the number of Housing Developments that are Accessible, the City may permit the NAC to determine that some Housing Developments provide much better housing options for persons with disabilities than others due to the current level of accessible features at a Housing Development, the age of the Housing Development, architectural and other constraints, capacity of emergency alarm systems to be readily upgraded to provide the requisite visual alarms, amenities and access issues for Persons With Disabilities in the neighborhood where a Development is located, and other information relating to the objectives subsections i. through v. above. The City, in consultation with the NAC and based on the Accessible Housing Unit Plan, shall balance these objectives and identify locations for the Target Number of Accessible Housing Units that the City shall provide under this Agreement and set out a schedule for the Housing Unit and Housing Development accessibility modifications that shall be required for the City to achieve the Target Number of Accessible Housing Units through retrofits to Existing Housing Developments within ten (10) years after the Effective Date of this Agreement; and vii. The Accessible Housing Unit Plan shall set out annual schedules for the completion of remediations at Housing Developments and the production of the Target Number of Units that will enable the City to meet its obligations under this Agreement to provide the Target Number of Accessible Housing Units within the ten (10) year period following the Effective Date and enable the Department to determine on an annual basis whether the City is on track in meeting its obligation to provide the Target Number of Accessible Housing Units. The production of Housing Units with Hearing/Vision Features shall be in accordance with Section III.F of this Agreement and the Accessible Housing Unit Plan. On the fourth (4th), seventh (7th), and tenth (10th) years from the Effective Date of this Agreement, the number of Shortfall Units described at Paragraph 15 shall be tallied for their respective unit type (i.e., mobility vs. hearing/vision), reported to the Department pursuant to Paragraph 53, and added to the Target Number of Accessible Housing Units based on the following schedule: 1,100 retrofits at year 4 (786 mobility and 314 hearing/vision); 1,000 retrofits at year 7 (714 mobility and 286 hearing/vision); and 1,000 retrofits at year 10 (714 mobility and 286 hearing/vision). However, if, ten (10) years from the Effective Date of this Agreement, 3,100 Accessible Housing Units achieved through retrofits to Existing Housing Developments pursuant to Paragraph 15 (2,215 Housing Units with Mobility Features and 885 Housing Units with Hearing/Vision Features) have received a Certification of Compliance, the Target Number of Accessible Housing Units will return to 4,031. For example: If the shortfall of mobility units at year 4 is 50, 50 mobility units will be added to the Target Number of Accessible Housing Units, to total 4,081 (totaling 2,766 mobility units and 1,315 hearing/vision units). If on the 7th year from the Effective Date of this Agreement, there is a shortfall of 50 mobility units and 50 hearing/vision units, 50 units of each type will be added to the Target Number of Accessible Housing Units, to total 4,181 (2,816 mobility units and 1,365 hearing/vision units). If on the 10th year from the Effective Date of this Agreement, there is no shortfall, the Target Number of Accessible Housing Units will return to 4,031. However, if on the 10th year from the Effective Date of this Agreement, there continues to be a shortfall wherein 3,100 Accessible Housing Units through retrofits to Existing Housing Developments are not achieved, the new total Target Number of Accessible Housing Units will continue to be 4,181 (2,816 mobility units and 1,365 hearing/vision units).

Accessible Housing Unit Plan. The Department acknowledges that the City has developed an Accessible Housing Unit Plan (AHUP) pursuant to the agreement with the Private Plaintiffs. The City shall work with the Private Plaintiffs to prepare or revise, in consultation with the Department, relying on the on-site accessibility surveys from Paragraphs 18.aXxxxxxxxxx 00.x, 18.b00.x, and 18.c and taking into consideration comments from the public hearing held pursuant to Paragraph 18.d, the Accessible Housing Unit Plan. The City shall revise the current plan, as needed, to meet the requirements of this Agreement. The City shall complete and submit the draft Accessible Housing Unit Plan to the Department for review and approval no later than one (1) year after the Effective Date. After it is initially created based on surveys conducted before or in the first year and other factors, the Accessible Housing Unit Plan will be updated annually, as appropriate and subject to HUD approval, to reflect the results of additional surveys and other occurrences, including a HUD-approved change in the accessibility survey schedule. In the Accessible Housing Unit Plan, Housing Developments selected as the site for any Housing Unit to be counted towards the Target Number of Units will be selected so as to maximize the placement of Housing Units with Mobility Features in Housing Developments that comply with all applicable Accessibility Standards. Sites for Housing Units with Hearing/Vision features will be selected so as to maximize integration. The plan shall recommend locations of Accessible Housing Units in accordance with the following objectives: i. Accessible Housing Units shall be geographically distributed throughout the Housing Developments so as to provide Persons With Disabilities with access to Housing Developments to the maximum extent feasible; ii. Accessible Housing Units shall be provided in a range of Housing Unit sizes (e.g., two bedroom) and amenities (e.g., playgrounds and other recreation areas) so that individuals with disabilities have equal access to the different housing options provided in the City’s housing programs; iii. Accessible Housing Units shall be provided so as to maximize affordability for low-income and moderate income individuals with disabilities, except that some market rate Housing Units with Mobility Features and Housing Units with Hearing/Vision Features shall be provided and geographically distributed in Housing Developments where market rate Housing Units are provided consistent with Section 504, ADA, and Fair Housing Act requirements; and iv. Accessible Housing Units shall be provided so as to maximize access to public transportation, proficient schools, employment opportunities, grocery stores, other retail establishments, medical providers, and parks, playgrounds, and other recreational areas and significant community amenities; v. No more than fifteen percent (15%) of the Housing Units in any Housing Development may be counted toward the Target Number of Accessible Housing Units that the City must provide (specifically, no more than eleven percent (11%) of the Housing Units in any Housing Development with Mobility Features and no more than 4% Housing Units in any Housing Development with Hearing/Vision Features) unless the Department provides specific written authorization to do so at a particular Development based on written and other documentary evidence provided by the City that a particular Housing Development affords persons with disabilities a housing location that is particularly desirable because of factors such as age/condition and amenities of the Housing Development or the neighborhood where the Housing Development is located. vi. While a key objective of this Agreement is to maximize the number of Housing Developments that are Accessible, the City may permit the NAC to determine that some Housing Developments provide much better housing options for persons with disabilities than others due to the current level of accessible features at a Housing Development, the age of the Housing Development, architectural and other constraints, capacity of emergency alarm systems to be readily upgraded to provide the requisite visual alarms, amenities and access issues for Persons With Disabilities in the neighborhood where a Development is located, and other information relating to the objectives subsections i. through v. above. The City, in consultation with the NAC and based on the Accessible Housing Unit Plan, shall balance these objectives and identify locations for the Target Number of Accessible Housing Units that the City shall provide under this Agreement and set out a schedule for the Housing Unit and Housing Development accessibility modifications that shall be required for the City to achieve the Target Number of Accessible Housing Units through retrofits to Existing Housing Developments within ten (10) years after the Effective Date of this Agreement; and vii. The Accessible Housing Unit Plan shall set out annual schedules for the completion of remediations at Housing Developments and the production of the Target Number of Units that will enable the City to meet its obligations under this Agreement to provide the Target Number of Accessible Housing Units within the ten (10) year period following the Effective Date and enable the Department to determine on an annual basis whether the City is on track in meeting its obligation to provide the Target Number of Accessible Housing Units. The production of Housing Units with Hearing/Vision Features shall be in accordance with Section III.F of this Agreement and the Accessible Housing Unit Plan. On the fourth (4th), seventh (7th), and tenth (10th) years from the Effective Date of this Agreement, the number of Shortfall Units described at Paragraph 15 shall be tallied for their respective unit type (i.e., mobility vs. hearing/vision), reported to the Department pursuant to Paragraph 53, and added to the Target Number of Accessible Housing Units based on the following schedule: 1,100 retrofits at year 4 (786 mobility and 314 hearing/vision); 1,000 retrofits at year 7 (714 mobility and 286 hearing/vision); and 1,000 retrofits at year 10 (714 mobility and 286 hearing/vision). However, if, ten (10) years from the Effective Date of this Agreement, 3,100 Accessible Housing Units achieved through retrofits to Existing Housing Developments pursuant to Paragraph 15 (2,215 Housing Units with Mobility Features and 885 Housing Units with Hearing/Vision Features) have received a Certification of Compliance, the Target Number of Accessible Housing Units will return to 4,031. For example: If the shortfall of mobility units at year 4 is 50, 50 mobility units will be added to the Target Number of Accessible Housing Units, to total 4,081 (totaling 2,766 mobility units and 1,315 hearing/vision units). If on the 7th year from the Effective Date of this Agreement, there is a shortfall of 50 mobility units and 50 hearing/vision units, 50 units of each type will be added to the Target Number of Accessible Housing Units, to total 4,181 (2,816 mobility units and 1,365 hearing/vision units). If on the 10th year from the Effective Date of this Agreement, there is no shortfall, the Target Number of Accessible Housing Units will return to 4,031. However, if on the 10th year from the Effective Date of this Agreement, there continues to be a shortfall wherein 3,100 Accessible Housing Units through retrofits to Existing Housing Developments are not achieved, the new total Target Number of Accessible Housing Units will continue to be 4,181 (2,816 mobility units and 1,365 hearing/vision units).