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#5 Rental Rehab Cover Memo NEIGHBORHOOD SERVICES MEMORANDUM May 14, 2012 TO: Community Development Authority FROM: Carrie Clark, Housing Financial & Rehabilitation Specialist SUBJECT: Agenda Item 5–Policy & Procedure Manual for the Rental Rehabilitation Program. Summary At the April, 2012 CDA Meeting, revisions to the Rental Rehabilitation Program modifying the loan terms of the Program were approved by the CDA. Following approval of these changes, staff has developed a revised Rental Rehabilitation Program manual incorporating these changes. The manual also includes revisions required by the HOME Program and some additional policy revisions proposed by staff. Staff believes that incorporation of the proposed revisions, along with the new loan terms, with provide an attractive Program and financing tool for property owners, minimize our risk by firming up underwriting guidelines and ensuring a consistent return of Program funds for the continuation of the Program, and provide staff with a tool to implement all Housing Programs consistently and efficiently. Background The following table provides a recap of the changes that were approved last month. For the benefit of our newest members, I have also included the terms of the “old” Program: Criteria/Component “Old” Program Current Program Per Unit Loan Limit 14,999.00 14,999.00 Max Units Borrower May Apply No set limit 8 for Funding Payment Deferral Yes, 5 years Yes, during construction, plus 90- day lease-up period Payment Deferral Interest Rate 0% 0% Interest Rate 5% at end of 5 th year of loan Prime +1% (currently 4.25%) first of the month following project completion, plus 90-day lease-up period. Loan Amortization 10-years (all borrowers) 10-years – borrowers 80-100% County median income 15-years – borrowers less than 80% County median Late Payment Fee $3.00 $25.00 Borrower Credit Review Yes, mortgage of proposed unit Yes, all mortgages, lines of credit. Must be current. Property cash-flow analysis Yes, subject property only Yes, all rental property. Plus profit/loss and replacement reserve evaluation. HOME Affordability Period 5 years 5 years (subject to HOME limits) 1 The new loan terms have been incorporated into Chapter 4, Loan Types, Terms, and Conditions (page 19) of the manual. The HOME Program is the major source of funding for the Rental Rehabilitation Program. Rental Rehabilitation Programs funded with HOME dollars have several HOME Program regulatory requirements that must be met including: Maximum Home Investment, HOME Rent, Affordability Period, and Eligible Tenant. Definitions of each of these terms have been incorporated in to the manual in Chapter 2, Definitions, as well as into their respective, applicable areas of the policy manual. The Maximum HOME Investment is the maximum amount of HOME dollars that can be invested, per unit, in a project per HOME regulation. The per-unit maximum limits are set annually by the US Department of Housing and Urban Development (HUD). The requirement has been incorporated into Chapter 4, Maximum Loan Amount (page 18). The HOME Rent is the maximum amount of rent and utilities that a property owner can charge an eligible tenant residing in a HOME-assisted unit per HOME regulation. These limits are set annually by HUD. This requirement has been incorporated into Chapter 4, Loan Types, Terms , and Conditions (page 20). The Affordability Period is the minimum period required by an property owner of a HOME-assisted unit to offer the improved unit to a low-moderate income tenant at HOME rent levels. The period is determined by the amount of HOME dollars invested per unit and these levels are set by HOME Program regulation. This requirement has been incorporated into Chapter 4, Loan Types, Terms, and Conditions (page 20). The HOME Program defines an Eligible Tenant as a low-moderate income household that earns no more than 60% of the County Median income as adjusted for household size. The income limits applicable to the HOME Program are set annually by HUD. Incorporation of this requirement has been inserted into Chapter 3, Eligibility (page 11) and Chapter 4, Loan Types, Terms, and Conditions (page 20). Staff is also proposing changes to the policy and procedure manual that will make it consistent with other Neighborhood Services Housing Programs, including the Home Improvement and Down Payment & Closing Cost Programs. Currently, a review of Criminal History records is required of all owner- occupants applicants to the Home Improvement Program and potential homebuyer applicants to the Down Payment & Closing Cost Program. Applicants to these Programs must not have been involved in drug-related for a period of 3 years prior to their application or registered as a sexual offender in the State of Wisconsin Department of Corrections Registry. Staff is proposing to extend this review to rental property owner-applicants. A definition of Drug-Related Criminal Activity and Sexually Violent Criminal Activity has been incorporated into Chapter 2, Definitions and into Chapter 3, Eligibility. An additional policy revision proposed by staff is the related to the bidding process and award of contract. Currently, when staff reviews competitive bid proposals submitted for Rental Rehabilitation projects with the property owner, the property owner has had the discretion to select the contractor of their choice without regard to whether the bidder was low bid, high bid or somewhere in between. Staff is proposing that we incorporate a requirement that the property owner be required to select the lowest competitive bidder and the level of assistance based upon the lowest bid. The property owner would still have the option to select the contractor or bidder but would have to contribute their own funds towards the difference between low bidder and their selected bidder/contractor. Staff is 2 proposing this change to be consistent with the Lead Hazard Reduction Grant Program as well as to make an effort to lower Program costs. This change has been incorporated into Chapter 5, Application Processing (page 26-27). Action Staff is recommending that the CDA review and approve the changes to policy and procedure manual as proposed. Staff feels the proposed policy revisions to be reasonable and consistent with other Programs and work to achieve the goals of the CDA with respect to affordable housing creation and retention. A motion to approve the policy and procedure manual would be in order. Cc: Jennifer Petruzzello, Neighborhood Services Director 3