Detroit — Ch. 22 Art. III Inclusionary Housing Requirements (preempted-pending-review) § 22-3-10

(a) Prior to City Council approval of the award of ARPA and/or CARES Act funds to a special developer, the Housing and Revitalization Department shall provide to City Council a report detailing the following information:
(1) The number of affordable housing units which will be added by the development;
(2) The initial housing rates for each affordable housing unit;
(3) A copy of a commitment letter by the special developer to maintain the housing unit as affordable;
(4) A description of the special developer's strategy to lease the affordable housing units to City residents in need of affordable housing, including, but not limited to:
a. Low-income households, as defined by the U.S. Department of Housing and Urban Development Income Limits Summary;
b. Very low-income households as defined by the U.S. Department of Housing and Urban Development Income Limits Summary;
c. Extremely low-income households as defined by the U.S. Department of Housing and Urban Development Income Limits Summary;
d. City residents with past evictions; and
e. City residents who currently live within an area adjacent to the development.
(5) Information showing that the building will be compliant with applicable American with Disabilities Act accessibility standards; and
(6) The number of units that will be compliant with applicable American with Disabilities Act accessibility standards, including any additional accommodations made for people with disabilities.
(b) The contract between the City and the special developer shall require the special developer to submit to the Housing and Revitalization Department quarterly reports on the status of the special developer's compliance with the requirements under this article.
(c) The Housing and Revitalization Department shall provide to the City Council, upon the Body's request, any reports obtained pursuant to Subsection (a) of this section.
(d) The requirement to provide the information in Subsection (a) of this section shall be included within any contract between the City and the special developer receiving ARPA or CARES Act funding for projects subject to this article.
(e) Failure by the special developer to comply with this article may result in breach of contract.
(f) A determination on whether or not a breach of contract has occurred due to the special developer's failure to comply with this article shall be made by the individual or department designated to interpret and enforce such contract at any time after reviewing, or becoming aware of, information, which indicates that a special developer has failed to comply with this article.
(g) If the special developer fails to meet the representations and commitments set forth in Subsection (a) of this section, the City shall have the right, through the individual or department designated to enforce such contract, to enforce any and all claw back provisions, including those for City, ARPA and/or CARES Act funding, as may be provided for in the contract.