The three main qualifications for individuals residing in employee housing are:
·Work a minimum of 1,500 hours per year in Pitkin County
·Not own other property in the Roaring Fork Drainage area
·Maintain their employee home as their sole residence.
Any tenant and/or owner of employee housing that become the subject of a complaint will be required to provide additional documentation to demonstrate that they continue to meet APCHA guidelines.
When APCHA receives a complaint and finds grounds to move forward, a letter is sent to the tenant/homeowner requesting information, documentation and/or compliance. If a violation has occurred, a Notice of Violation letter is sent. Tenants/homeowners are given 15 days “to cure” a violation and/or request a Grievance Hearing with the APCHA Board of Directors per the APCHA Guidelines. If the violation is not “cured” APCHA will seek legal action requiring the unit be listed for sale if it is an employee-owned unit or the unit be vacated if it is a rental unit.
Prior to 2001, only tenants in deed restricted rental units were required to be re-qualified by APCHA every two years per the Housing Guidelines. Due to an increasing number of complaints regarding alleged violations of sales deed restrictions over the years, the APCHA Board, City Council, and the Board of County Commissioners incorporated a re-qualification program for sales units into the Housing Guidelines. APCHA staff began to implement the sales compliance program in 2001.
In 2002, staff completed a number of random audits with a goal of re-qualifying all homeowner over a 2 year period, however, the enforcement process was put on hold in ’02 due to staffing issues.
In 2003, the Enforcement Coordinator position was changed to Qualification Specialist. This position processes applications and community complaints and has redefined systems timelines and legal processes for the program.
In July 2004, staff created a 3-tiered priority system to more efficiently respond to compliance concerns.
In November 2004, affidavits were mailed to approximately 1200 homeowners. In March and May 2005, second and third letters were sent and in September, Notices of Violation were sent. The process took about one year to complete with the final affidavits received November 2005. Due to community concerns raised about requesting tax returns, staff offered homeowners the option of providing a signed affidavit as an alternative to providing tax returns. This was approved by the APCHA Board, City Council and the BOCC.
In 2005, staff painstakingly compared 1200 APCHA homeowners with the Pitkin County and Eagle County Assessors’ database. This led to 20 compliance cases – 10 of which were unfounded (people with same name, office or commercial space, allowed to own other property per deed restriction) and the others were legitimate cases resulting in 5 sales. The remaining 5 were cases where APCHA homeowners who failed to sell their free market homes within the 180 day timeframe and after notification the five units were sold.
In 2007, staff began requesting copies of loan applications to ensure assets listed with the lender match the assets listed with APCHA.
In February 2007, affidavits were mailed to approximately 1200 homeowners. In May, second letters were sent and in July Notices of Violations were sent. Approximately 20 have yet to respond.
In 2007, because of staffing issues and a large volume of sales due to Burlingame and rental turnovers due to new immigration legislation, the Qualifications Specialists devoted more time to administrative tasks and application review than to compliance. In 2008, we are staffed at 100% and will have less sales and rental turnover, so staff can focus on compliance.
Staff is working on several recommendations to more efficiently process complaints and audit the sales and rental inventory.
The most common complaints the last 4 years are as follows:
2007
2006
2005
2004
Not living in unit
15
27
26
12
Owns other property
7
8
20
8
Renting out unit or room
8
5
5
6
Not working
4
4
2
2
2008 is looking like it will be a busy year for compliance. As of June 23, 2008, there are 65 cases in the pipeline. They include the following:
An owner who purchases property, but did not qualify. LEGAL
An owner who owns 3 homes, 2 of which are deed restricted. LEGAL
A tenant who owns other property. LEGAL
An EDU not being used. LEGAL
An owner not cooperating with selling one of his two deed restricted homes. LEGAL
Owner/landlord charging too much rent/tenants not approved. LEGAL
No one living in unit. Update -tenant approved/need copy of lease...charging too much. RESOLVED
Owner of deed restricted housing unable to sell free market, now must sell deed restricted home. SOLD
Recently married couple now owns 2 properties in Lazy Glen.
LOA has expired. SOLD
This case involved a percentage ownership which transferred to a step daughter who lives out of the area. RESOLVED
Owners at Aspen Village not living in unit. RESOLVED
Owner at AABC using entire unit as commercial space when half should be residence.
Tenants of a small complex need to qualify. Iraq vet not working. Update -tenants are qualifed, need lease copies. Owner requested hearing w/ Board to ask to increase rents, set for 7/2/08.
Owner not living in unit – may request LOA or sell. LOA aprvd until Sept. Tenant aprvd. Will list end of July.
Sales unit with owner living there and renting spare rooms – may be charging too much. SOLD
An EDU was not being used. RENTED
An EDU was not being used. RENTED
Couple owns 2 properties at Aspen Village with intentions to rebuild on one lot and sell the other. Board to review. Board granted 90 day extension. As of 6/23/08, property is under contract.
Rental complex not being used for seasonal as specified in deed restriction and approvals. LEGAL
Resolved. Empty lot at N40. Owner is in the process of designing and getting contractor. RESOLVED
LOA expiring. Will complete listing contract now to sell end of summer.
Sales unit with owner living there and renting spare rooms – may be charging too much. Possible fraud issue. LEGAL
Not living in unit. RESOLVED
Owner of deed restricted housing may be putting another property under an LLC. Name not given and can't find out who?
Tenant not approved. RESOLVED
Not living in unit. RESOLVED
Sales unit with owner living there and renting spare rooms – may be charging too much.
Not working full time. RESOLVED
Not working full time. RESOLVED
Too much assets. RESOLVED
Tenant not qualified RENTED
Renting out bsmt/no building permit. There is a bldg permt, will have tenant & lease apvd.
Criminal activity…not working full time if going to jail. Difficult to find info regarding this case, trial in Wisconsin, postponed. No info online.
Aspen Village - Out of town address. Property is under contract. SOLD
Leave of absence expires. SOLD
Must sell other property...180 day time frame expires soon. RESOLVED
Overnight guest - count his income. RESOLVED
Over Income? RESOLVED
Harrassment, Fraud? POLICE MATTER
Deed in different name. Parents cosigned - did a quit claim to remove their name. RESOLVED
Deed in different name. Parent cosigned, still unresolved, situation changed, may sell property.
Not living in unit.
Not renting unit. RENTED
Not living in unit. RESOLVED
Not living in unit. Homeowner caring for sick parent, husband still their, will add his name to deed.
Renting out rooms, charging too much. Tenant & lease not approved. RESOLVED
Renting out rooms, charging too much. Tenant & lease not approved. RESOLVED
Renting out rooms, charging too much. Tenant & lease not approved. ADU w/ no rent cap.
Out of town mailing adrs.
Out of town mailing adrs.
Out of town mailing adrs.
Out of town mailing adrs.
Out of town mailing adrs. Husband was in training, but wife & kids were here. RESOLVED
Must sell other property. Went to board for more time.
Co buyer no longer there - name s/b removed from deed. RESOLVED
Charging roommates too much.
Owner doesn't think deed is valid LEGAL
Not living in unit. RESOLVED
Xwife not living in unit.
renting out unit.
Renting out rooms, charging too much, tenants & lease s/b approved.
Renting out rooms, charging too much, tenants & lease s/b approved.
Not living in unit 9 months per year
Not living in unit 9 months per year
Not living in unit 9 months per year.
As of June 23, 2008, APCHA staff has processed 386 applications – 148 sales applications/ updates and 238 rental applications/updates.
Out of the total 66 complaints, 33 cases have been resolved resulting in 5 sales units opening; 6 rental units opening; 22 homeowners/tenants provided requested paperwork, action was taken or the complaint was unfounded, 33 are unresolved including 7 that have been turned over to legal council.
20071234 qualifications/requalifications (818 rental & 416sales)59 new complaints received in 2007.
6 complaints continued from 2006.
65 total complaints (48 sales, 27 rentals) 53 resolved and 12 ongoing.
The 53 resolved cases include:
6 sales units opening
3 rental openings
44 homeowners/tenants provided requested paperwork, took action or unfounded
