The information provided below is a general summary of our involvement with Broward County's affordable housing program. Broward County road and park impact fees, transportation concurrency fees, administrative fees and application fees are eligible for affordable housing waivers. The specific regulations, contained in the Broward County Land Development Code, have been adopted by ordinance of the County Commission and cannot be superseded by this presentation of information.
Affordable Housing: Defined
Affordable housing is defined by Chapter 420, Florida Statutes, as when the cost of monthly rents or monthly mortgage payments including taxes, insurance, and utilities, does not exceed 30% of the median adjusted gross annual income for very low, low, and moderate income households. Affordable housing is the same as market rate housing except that it costs less due to financing strategies that pass savings on to the lower income resident.
Income and housing are normally defined for a family of four and vary by county. The Land Development Code defines three affordable housing categories:
- Very low income = an income up to 50% of median income
- Low income = an income from 50% to 80% of median income
- Moderate income = an income from 80% to 120% of median income
The Income Category Chart is available on the Housing Finance and Community Development Division's website.
Project Certification and Fee Waivers
All proposed affordable housing projects must apply for and receive an Affordable Housing Certification Letter from the Broward County Housing Finance and Community Development Division. This letter contains the property's legal description and identifies the unit type(s) and level(s) of affordability designed for the project. Please contact the Housing Finance and Community Development Division at (954) 357-4900 for more information.
Projects designated for "very low income" or "low income" affordable housing are eligible for a 100% waiver of County road and park impact, transportation concurrency, administrative and application fees, and may be eligible for expedited permit review (in the unincorporated area only).
On January 21, 2015, the School Board adopted Resolution No. 15-104 which set aside a fixed amount ($375,000/year) for affordable housing waivers targeted for "very low" income projects. Each project could be eligible for up to $25,000 in school impact fee waivers. Funding for these fee waivers will be available July 1, 2015.
In order to complete the affordable housing process, Broward County requires the property owner and its Mortgagee(s) to execute and record a "Declaration of Restrictive Covenant for Affordable Housing." The Declaration requires the signatures of all property owners and mortgagees. In order to verify the property owners and mortgagees, the Broward County Attorney's Office requires the applicant to submit an Opinion of Title with the restrictive covenant. The covenant runs with the property and ensures that the affordability of the residential units will be maintained at a specified income level(s) for a period of at least 20 years for rental housing and at least 10 years for owner-occupied housing.
NOTE: The Declaration of Restrictive Covenant for Affordable Housing must be recorded in the Broward County Records prior to the issuance of a building permit.