Report to Mayor and City Council
Tuesday, May 16, 2023
Consent
SUBJECT:
Title
CONSIDER APPROVING THE FIRST AMENDMENT TO COVENANT AND AGREEMENT FOR CARSON GARDENS APARTMENTS, MODIFYING THE AGE-RELATED OCCUPANCY RESTRICTION FROM 62+ YEARS OF AGE FOR ALL OCCUPANTS TO 62+ YEARS OF AGE FOR ALL HEADS OF HOUSEHOLDS (CITY COUNCIL)
Body
I. SUMMARY
Carson Gardens Apartments (the "Project") located at 21811 South Main Street is an affordable housing community with 100 of the 101 units designated for persons who are at least sixty-two years old. The Project is currently assisted by a project-based Section 8 Housing Assistance Payment ("HAP") contract covering 99% of the 100 units.
On June 18, 1979, a Covenant and Agreement (the "Agreement") was executed by the Owner and the City and subsequently recorded in the Official Records of Los Angeles County, California on June 29, 1979 as Instrument No. 79-716187, Exhibit 1. The Agreement restricts occupancy at the Property to persons who are at least sixty-two (62) years old. The Owner has requested that the City agree to amend the Agreement so that the age restriction described in the Agreement be applicable to the heads of households only, Exhibit 2.
Under the proposed amendment, the eighth paragraph of the Agreement would be amended as follows, as the only modification:
"IT IS AGREED that in consideration of the approval of the change of zone of the subject property from the CN Zone to the RM-25-D Zone by the City Council of the City, the Covenantor promises, covenants and agrees that the occupancy of all dwelling units in any residential development located on the subject property shall be restricted to persons heads of households who are at least sixty-two years old with no age restriction on other members of the household with the exception of one dwelling unit which may be occupied by management personnel who are less than sixty-two years old."
The Owner proposes repairs and upgrades to the Project's interior, exter...
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