175-1-04 Multifamily notification process.

(A) For purposes of this section, “constructed” shall mean the creation of new rental residential dwellings which are units created through new construction or the conversion of existing non-residential building(s) into rental residential dwelling(s).

(B) For any multifamily housing that is to be constructed with the assistance of the agency or pursuant to any program the agency operates or administers, the sponsor or private developer of the project shall provide written notice delivered by certified mail to all of the following persons:

(1) The mayor and members of the elected legislative body in which the project is located and that is within one-half mile of the project’s boundaries;

(2) The members of the board of township trustees of any township in which the project is located and that is within one-half mile of the project’s boundaries;

(3) The members of the board of county commissioners of any county in which the project is located and that is within one-half mile of the project’s boundaries.

(1) The address of the project;

(2) The number of units in the project;

(3) A statement describing the nature of the project;

(4) A statement summarizing the program(s) under which the housing would be constructed;

(5) The address of the agency and the person at the agency to whom comments should be directed;

(6) A statement indicating the right of each recipient to submit, within thirty days of receipt of the notice, comments to the agency regarding the project’s impact on the community;

(7) A statement indicating the requirement that the recipient’s disapproval or objection to the project shall be in writing and signed by a majority of the voting members of the legislative body.

(D) A recipient that intends to object to the project shall:

(1) Submit a written objection that is signed by a majority of the voting members of the legislative body in which the project is located or that is within one-half mile of the project’s boundaries; and

(2) Send a copy of the written objection to both the chairman and the executive director of the agency by certified mail, return receipt requested which shall be received by the agency within forty-five days of the date of the sponsors’ or developers’ notices.

(E) Prior to granting a commitment of funding for multifamily construction with the assistance of the agency pursuant to any program the agency operates or administers, the agency shall provide a written response to all properly submitted objections.

R.C. 119.032 review dates: 12/23/2003 and 12/23/2008

Promulgated Under: 119.03

Statutory Authority: 175.02

Rule Amplifies: 175.04

Prior Effective Dates: 3/19/1998