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Housing Compliance

 
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 Valley
·         Maintain their employee home as their sole residence - they must stay in their home at least 9 months per year.
 
To report concerns, please call 970-920-5050.
Under NO circumstances are you allowed to rent your deed restricted home or room out through VRBO, Airbnb or equivalent.
 
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, staff worked on several recommendations and guideline suggstions to more efficiently process complaints and audit the sales and rental inventory and staff began using a nantional program called ChoicePoine/Auto Track to pull asset information.
  • In 2009, staff added maximum rental rates to the database for the 100's of scattered units in the City/County and added the information to the website. 
  • In 2009- 
    • APCHA won a compliance case and brought the unit into compliance for the first time since the unit was built. Legal costs were awarded to APCHA.
    • Staff mailed 1,322 letters to homeowners requesting they sign the compliance affidavit.
  • 2012/2013 Pitkin County Commissioners and City Council authorized compliance audits for up to 100 APCHA ownership units per year. APCHA is directing the first series of audits to those who have violated the requirement to provide APCHA with a bi-annual compliance affidavit.  If your household has been selected in the audit, it is mandatory to fill out and return all requested documents by the deadline.  Failure to do so will result in a notice of violation.
 The most common complaints during a 5 year period were:
 
 
2008
2007
2006
2005
2004
Not living in unit
31
15
27
26
12
Owns other property
16
7
8
20
8
Renting out unit or room
15
8
5
5
6
Not working
2
4
4
2
2
 

2016 Nature of Complaint/Noncompliance*

# of Cases

# of Units

Airbnb/Short-Term/Vacation Rental

3

3

Audit Request

22

22

Complaint About HOA/Other Non APCHA issue

3

3

Leave of Absence Expiration

5

5

Delinquent Tax Notice

9

9

Deceased

3

3

Exceeds Cap Inc/Assets

2

2

Foreclosure

3

3

Not Residing in Unit

22

22

Not Paying HOA Dues

9

9

Not Working FT in County

13

13

Overcharging Rent

2

2

Owns Property in OEZ

14

14

Roommate Not Approved

16

16

Special Review

6

6

Tenant &/or Lease Not Approved (Rental)

33

206

CORA requests

6

na

Ineligibility List Review

3

3

Miscellaneous

29

29

Total

203

370

2016       1334 qualifications/requalifications 

 

203 complaints/cases, 174 resolved and 29 ongoing/carried forward to next year.

The resolved cases include:

               10 sales units opening

               30 cases/198 units rental openings/returning to compliance

Remainder provided requested paperwork, took action or unfounded

 

2015       1173 qualifications/requalifications 

114 complaints, 90 resolved and 24 ongoing.

The resolved cases include:

               8 sales units opening

              11 rental openings

Remainder provided requested paperwork, took action or unfounded

In 2014, staff processed 89 sales applications in one month due to the Fornell Apartments that were listed for sale. This is the largest per month number since 2006.
 
2014       1053 qualifications/requalifications (755 rental & 298 sales)
76 complaints, 70 resolved and 6 ongoing.
The resolved cases include:
                9 sales unit opening
               14 rental openings
Remainder provided requested paperwork, took action or unfounded
 
 
2013       1013 qualifications/requalifications (809 rental & 265 sales)
68 complaints, 64 resolved and 4 ongoing.
The resolved cases include:
                6 sales unit opening
               8 rental openings
Remainder provided requested paperwork, took action or unfounded
 
2012       988 qualifications/requalifications (816 rental & 172 sales)
46 complaints, 39 resolved and 7 ongoing.
The resolved cases include:
                1 sales unit opening
               12 rental openings
Remainder provided requested paperwork, took action or unfounded
 
2011       953 qualifications/requalifications (697 rental & 256 sales)
58 complaints, 42 resolved and 16 ongoing.
The resolved cases include:
                7 sales units opening
                6 rental openings
Remainder provided requested paperwork, took action or unfounded
 
2010       994 qualifications/requalifications (754 rental &240sales)
55 complaints, 50 resolved and 5 ongoing.
The resolved cases include:
                9 sales units opening
                1 rental openings
Remainder provided requested paperwork, took action or unfounded
 
2009       1043 qualifications/requalifications (757 rental & 286 sales)
39 complaints, 32 resolved and 7 ongoing.
The resolved cases include:
                8 sales units opening
                4 rental openings
Remainder provided requested paperwork, took action or unfounded
 
2008        989 qualifications/requalifications (700 rental & 289 sales)
 88 complaints, 71 resolved and 17 ongoing.
The  resolved cases include:
               11  sales units opening
                7  rental openings
Remainder provided requested paperwork, took action or unfounded
 
 
2007       1234 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
 
2006       1099 qualifications/requalifications (622 rental & 477 sales)
55 new complaints received in 2006, 46 sales and 8 rentals. 
13 complaints continued from 2005, 9 sales and 4 rentals. 
68 total complaints, 62 resolved and 6 ongoing.
The 62 resolved cases include:
                8 sales units opening
                2 rental openings
52 homeowners/tenants provided requested paperwork, took action or unfounded
 
2005      903 qualifications/requalifications (570 rental & 333 sales)
67 new complaints received in 2005, 55 sales and 12 rentals. 
10 complaints continued from 2004, 6 sales and 4 rentals. 
77 total complaints in 2005, 64 resolved and 13 ongoing.
The 64 resolved cases include:
                16 sales units opening (2 from 2004)
                4 rental openings (2 from 2004)
18 homeowners/tenants provided requested paperwork.
                19 took other action to return to compliance (1 from 2004)
                                7 unfounded
 
2004       524 rental qualifications/requalifications
41 new complaints received in 2004, 19 sales and 22 rentals. 
20 complaints continued from 2003
61 total complaints in 2004. 
The 48 resolved cases include:
6 sales units
9 rental openings
33 provided requested paperwork/took other actions to return to compliance
 
2003       348 rental qualifications/requalifications
49 new complaints
24 have been resolved, 18 are ongoing
The 24 resolved cases include:
 6 sales units opening
 5 rental openings
13 took other actions or provided requested paperwork.