Title
a. Approve and authorize Amendment No. 2 to the Donald J. Basch and Shelly Basch Inclusionary Housing Agreement to allow conveyance of their inclusionary unit into a revocable living trust; and
b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to the Inclusionary Housing Agreement.
Body
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize Amendment No. 2 to the Donald J. Basch and Shelly Basch Inclusionary Housing Agreement to allow conveyance of their inclusionary unit into a revocable living trust; and
b. Approve and authorize the Housing and Community Development Director, or his designee, to execute the approved Amendment No. 2 to the Inclusionary Housing Agreement.
SUMMARY:
Inclusionary Housing Program homeowners, Donald J. Basch and Shelly Basch, purchased this inclusionary unit on November 25, 1997, and executed a 30-year Inclusionary Housing Agreement (“Agreement”) with the County that was recorded on January 5, 1998. The owners informed us with their 2025 monitoring that they had transferred their inclusionary unit into a Trust without the County’s approval. Our office informed the owners that their transfer was unauthorized by the County, and they’ve been working with their attorney since then to get it corrected.
Now, these inclusionary unit homeowners have submitted all the required documents and are requesting approval to transfer title of their Inclusionary Housing Unit into a revocable living trust as part of their estate planning. Donald J. Basch and Shelly Basch own the inclusionary unit in the Oak Tree Views Subdivision, and their unit is designated as a 120% moderate-income unit. Under the terms of the recorded Owners’ Agreement with the County, transfers of title between owner-spouses and to eligible purchasers (i.e., new income qualified owner-occupants) are the only permitted transfers of title. P...
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