Island ordinance to lay down rules for the granting of rental subsidy (Rental Subsidy Ordinance Saba)(AB 2017.06)

Chapter I GENERAL PROVISIONS

Article 1

In this Island Ordinance, the following shall be meant by:

a. Executive Council: executive council of the public entity of Saba;

b. category of dwellings: category of dwellings as referred to in Article 1.13, first paragraph, of the Act;

c. Island Council: island council of the public entity of Saba;

d. Public Entity: public entity of Saba;

e. Landlord: a landlord who, at the start of the calendar year, has the enjoyment of at least 20 dwellings by virtue of ownership, possession, or restricted right, and in accordance with the articles of incorporation rents out dwellings in the interest of social housing in Saba for the people who are not of inadequately able to provide for their own housing needs by themselves;

f. rental subsidy: an annual contribution to be valued in money to a Landlord payable from the budget of the island territory for the housing of people who are not or inadequately able to provide for their own housing needs by themselves;

g. Act: Dutch Caribbean Rental Housing Market Measures Act;

h. dwellings: dwellings as referred to in Article 1.1, subparagraph b, of the Act.

Article 2

1. In order to give substance to the housing of the people who are not of inadequately able to provide for their own housing needs by themselves, the Landlord in any event perform the following activities:

a. build dwellings meant to be rented (out);

b. build dwellings meant to be sold;

c. operate rented dwellings;

d. build and rent out property with a social function; and

e. acquire property.

2. By an island ordinance to be enacted by the Executive Council, the Executive Council can lay down further rules for the housing of the people who are not or inadequately able to provide for their own housing needs by themselves.

Article 3

1. The Executive Council can grant a rental subsidy in as far as the rental subsidy ceiling or the amount included for this purpose in the budget of the public entity for the relevant year is not exceeded or – if the budget has not yet been adopted or approved – under the condition that sufficient funds are made available in the budget.

2. The Executive Council can attach obligations to the decision to grant rental subsidy.

Article 4

1. The Island Council can decide to determine a rental subsidy ceiling each year when the budget is adopted.

2. When the rental subsidy ceiling is announced, the possibility of reduction and its consequences for applications already filed shall be pointed out.

3. A rental subsidy to be paid from the budget that has not yet been adopted shall be granted under the condition that sufficient funds are made available in the budget.

Chapter II RENTAL SUBSIDY APPLICATION

Article 5

1. An application for rental subsidy shall be sent to the Executive Council in writing before April 1 of the calendar year preceding the financial year the rental subsidy is applied for. The Executive Council shall draw up the application form.

2. The filing date referred to in the first paragraph shall not apply to an application for

additional rental subsidy on top of rental subsidy already granted for the relevant financial year.

3. Together with the rental subsidy application, the following documents shall be submitted each time:

a. a copy of regulations or articles of incorporation:

b. an extract of the registration of the Landlord in the Trade Register of Register of Foundations or other registers in as far as required by relevant legislation;

c. the annual program;

d. the product budget of the annual program with an explanation;

e. the financial statements of the previous year with an explanation, if it does not concern a new Landlord:

f. substantive annual report of the activities of the Landlord in the previous financial year, if it does not concern a new Landlord, and;

g. a description of the available dwellings, divided into categories of dwellings, the composition of the household, and the maximum rent limits and the amounts of the rental income per category of dwellings.

4. Except in the case in the second paragraph, the filing date referred to in the first

paragraph can be deviated from only as an exception, after permission from the Executive Council.

Article 6

1. If the application does not meet the requirements set in Article 3, third paragraph, the

Executive Council shall give the applicant the opportunity to supplement or correct the

application within two weeks after it has been notified of the incompleteness.

2. If the applicant does not or not adequately use the opportunity referred to in the first

Paragraph, the application will not be processed any further. The Executive Council shall notify the applicant of this decision as soon as possible, while stating reasons and returning the documents submitted.

3. Upon receipt of a decision as described in the second paragraph, a new application for the financial year the rental subsidy had been applied for shall not be processed.

Article 7

1. Within two months upon receipt of the application, the body responsible for the policy will advise the Executive Council on the application for rental subsidy.

2. Upon receipt of the application and the advice referred to in the first paragraph, the Executive Council shall decide and shall notify the applicant of the decision in writing before or on July 1 of the calendar year preceding the financial year the rental subsidy is applied for.

Chapter III RENTAL SUBSIDY

Article 8

1. Rental subsidy as referred to in the first paragraph shall be granted for a period not exceeding one year.

2. The period referred to in the second [red: first] paragraph can be changed by island ordinance to be enacted by the Executive Council.

3. If a change as referred to in the second paragraph is to the detriment of the recipient of rental subsidy, this change shall not have consequences for this recipient of rental subsidy.

Article 9

The decision to grant rental subsidy shall contain in any event:

a. the reference to the advice of the body responsible for the policy that has issued advice;

b. the date on which the application has been filed;

c. the name of the Landlord who has filed the application;

d. the maximum amount granted.

Article 10

1. The Executive Council can suspend, revoke or claim back the rental subsidy by decision substantiated with reasons, having heard the Landlord, if:

a. the activities for which the rental subsidy has been granted have not or not completely taken place;

b. the Landlord does not or not properly meet this ordinance or the conditions for the rental subsidy;

c. the Landlord has deliberately provided inaccurate data. which wrongly have led to the granting of the rental subsidy;

d. the Landlord spends the rental subsidy differently than agreed on;

e. the Landlord has been granted suspension of payment or an application to this effect has been filed with the court.

2. Before the Executive Council suspends, revokes, or claims back the rental subsidy in whole or in part, the Landlord shall be given the opportunity to be heard.

3. In the event of discontinuation of a Landlord or if it is declared bankrupt, the rental subsidy shall be revoked entirely.

4. The decision to suspend, revoke or claim back the rental subsidy in whole or in part shall state the date on which it takes effect and the period of the revocation or suspension.

5. A copy of the decision shall be given to the party involved against dated receipt.

6. If subsidy in a certain amount is granted to the Landlord for the activities referred to in Article 2 on another account, only the part of the amount that exceeds aforementioned amount shall be granted in respect of rental subsidy.

Article 11

1. Rental subsidy shall be refused by decision of the Executive Council, substantiated with reasons, if:

a. the Landlord can pay the realization of his tasks entirely from its own funds or from funds of third parties;

b. there are well-founded reasons to assume that:

1) the activities will not take place or not completely;

2) the Landlord will not meet the obligations attached to the rental subsidy;

3) the Landlord will not properly render account of the required activities and the expenses and income attached thereto, in as far as they are important to determine the rental subsidy;

c. the Landlord has deliberately provided inaccurate or incomplete data in the context of the application and the provision of these data would have led to an incorrect decision on the application;

d. the Landlord has been granted suspension of payment or an application to this effect has been filed with the court;

e. the Landlord has been declared bankrupt.

2. Rental subsidy can be refused in part for the cases referred to in the first paragraph, subparagraph b, numbers 1 and 2, and subparagraph d.

3. Article 10, second paragraph, shall apply by analogy.

4. A copy of the decision shall he sent to the party involved by certified letter or issued against dated receipt.

Chapter IV ACCOUNTABILITY AND SUPERVISION

Article 12

The Executive Council shall discuss the intended activities with the Landlord within two months upon receipt of the documents referred to in Article 3, third paragraph.

Article 13

1. Each year before August I. the Landlord shall send the Executive Council the adopted budget for the next year, a multi-year budget. and a multi-year policy plan for the next three years, as well as a summary of the intended activities in the next year.

2. The Landlord shall provide and submit any information and data on the Executive Council's request during the period of the rental subsidy.

3. Each year before April 1, the Landlord shall render account to the Executive Council of the financial policy pursued and the policy concerning housing of the previous year.

5. The account shall be rendered by sending the Executive Council the financial statements and annual report of the previous year.

Chapter V TRANSITIONAL AND FINAL PROVISIONS

Article 14

1. This ordinance shall not apply to subsidies granted before the effective date of this ordinance.

2. This ordinance shall apply to rental subsidy applications already filed. If this is disproportionately inconvenient to the applicant of rental subsidy, the Executive Council can determine differently.

Article 15

Chapters 1 through Ill, V, and VI of the Public Housing Ordinance Saba shall be repealed.

Article 16

1. This island ordinance shall take effect on January 1, 2018.

2. This ordinance shall be cited as Rental Subsidy Ordinance Saba.

Thus adopted in the public meeting of the Island Council of the Public Entity of Saba on November 29th, 2017.