Residential Rehabilitation Program Policy Effective Date: March 2, 2015

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1 Residential Rehabilitation Program Policy Effective Date: March 2, 2015 Program Overview The Residential Rehabilitation Program is designed to provide financial assistance to homeowners to address repair items that compromise the life, health, and/or safety of the household. The Residential Rehabilitation Program assists Owner-occupied household properties by: Eliminating housing conditions which threaten the Life, Health or Safety of the occupants Correcting City Building Code violations Eliminating incipient housing code violations Eliminating blight conditions Connecting a residence to public utilities Adapting the residence to meet accessibility needs Eliminating conditions resulting in a home being severely energy inefficient The City will utilize funding sources listed below to conduct all activities associated with the Housing Rehabilitation Program. The rules and regulations associated with each Federal and State program will govern the use of such funds: Community Development Block Grant (CDBG) 24 CFR Part 570 State Housing Initiatives Partnership (SHIP) Sections F.S., Chapter F.A.C. The City is responsible for general oversight of the program, which include policy oversight and community relations issues associated with the program. With respect to Federal funds, the City will comply with all applicable Other Federal Requirements to include but not be limited to Fair Housing and Equal Opportunity, Equal Opportunity Employment, Section 3 Economic Opportunity, Minority/Women Employment, Conflict of Interest, Debarred Contractors, Environmental Reviews, Flood Insurance, Lead-Based Paint, and Relocation. All policies contained herein become effective on the date of adoption by the Department of Housing and Community Development (HCD) and apply to all current and future applicants. Form of Assistance and Eligible Repairs Assistance is in the form of a 0% interest, deferred payment loan not to exceed $50,000. The Director of Housing and Community Development or its designee reserves the right to exceed maximum award to the extent necessary to cure an overcrowding situation and to address health and code violations. The loan is forgivable in its entirety at the end of the terms from the date of execution of security documents provided that title remains under the ownership of the Owner(s) and property remains their primary residence. Assistance Amount Occupancy Period Under to $15,000 5 Years $15,000 to $40, Years $40,000 to $50, Years 1

2 Housing rehabilitation assistance may only be provided to cover the cost of rehabilitation necessary to bring the property in compliance with locally adopted, written property standards, and applicable Federal, State and City of West Palm Beach codes. Physical improvements to the dwelling will be made based on priority and must fall in one of the following priority categories in order to be eligible: Priority I- Housing Systems Electrical wiring, fixtures or systems Heating, venting and air-conditioning Roofs, walls and structural load bearing walls Foundations Plumbing Health and safety items Termites (as needed basis) Miscellaneous code violations Priority II- Architectural Barrier Removal Widening of doors Installation of ramps Roll-in showers (as space permits) Grab bars and permanently attached physical-assist apparatus Air-conditioning (if medically necessary) Hearing-impaired smoke detection equipment Specialty plumbing fixtures Lowering of light switches Other permanently attached fixtures determined to be of assistance in removing architectural barriers Work not eligible for program funding includes, but is not limited to, luxury improvements (improvements which are strictly cosmetic), additions, conversions (basement, garage, porch, attic, etc.), repairs to structures separate from the living units (detached garage, shed, etc.), furnishings, pools and landscaping. Rehabilitation work performed by a property Owner(s) himself/herself shall not be funded under this program. All rehabilitation work shall be performed by a City approved contractor. Eligible Properties In order to qualify for assistance, properties (including but not limited to single-family home, townhouse, mobile home, or condominium) must meet the following criteria: The Property must be located within the corporate City limits of West Palm Beach. The Property must be the homesteaded primary residence of the Owner(s) s for the last two (2) years prior to date of application. The Property must be owned by fee simple title or long-term leasehold (99 year minimum), or life estate. Neither the Owner(s) nor the property can have any restrictions, encumbrances, or judgments that would restrict the marketable nature of the Owner(s) interest. Owner(s) must be current on their existing mortgage, if one exists. Owner(s) must be current on their property taxes. Cost of the estimated rehabilitation cannot exceed 100% of the market property value as determined by the Palm Beach County Property Appraiser estimate or the $50,000 maximum assistance unless additional non-hcd resources are used to pay the difference. Owner(s) are required to have Property Insurance and, where applicable, flood insurance coverage as a qualification for the program. If a hardship exists, the requirement for hazard, fire and windstorm insurance may be waived to only include fire insurance for very low income (50% of median) households where the applicant meets the definition for elderly (over 62) or disabled (receiving SSI or VA service 2

3 connected disability of at least 50%). Insurance waiver will be considered on a case-by-case basis as determined in writing by the Director of Housing and Community Development. To the extent possible within the $50,000 limit HCD will include the most cost efficient upgrades for structure hardening (storm shutters, impact doors, roof reinforcement, etc) and/or installation of smoke detectors for those who meet the insurance waiver. The property must be eligible for attaining a building permit for the required repairs. Properties that have a code violation must have the code violation corrected as part of the rehabilitation work. Any properties with attached illegal structures or improvements on the property will be ineligible. HCD staff will notify the City s Code Enforcement Officer of the matter. Households that have been assisted with City funds with a maximum lifetime assistance of $50,000 are not eligible to receive funding through any of the Housing & Community Development Department s programs. City Loan shall be first or second position only to insure that funds can be recaptured. The total amount of the proposed loan with the City must not exceed 125% of total market value including any and existing mortgages. The value of the property will be estimated using the Palm Beach County Property Appraiser (www.pbcgov.com/papa) value. Eligible Households/ Availability of Funds Households must meet gross annual incomes not exceeding 80% Area Median Income (AMI) limits established by HUD for the jurisdiction of Palm Beach, FL. The applicable low-income limits for determining program eligibility are published by HUD in the federal register and are updated annually. The occupant household s gross annual income (for the purpose of determining program eligibility) shall be calculated according to the HUD regulations identified in the Code of Federal Regulations at 24 CFR, Part 5 and in Determining Income Eligibility chapter of this guidebook. Applications will be processed on a first-come, first-served basis, first-ready eligible basis from all applicants meeting program eligibility criteria, subject to funding availability. First priority will be given to special needs applicants, which will include the elderly (over 62), the disabled and general/honorable discharged veterans. Households where an applicant has a disability will be required to provide an SSI or SSDI award letter or a letter from a doctor, case worker, or other qualified professional stating that the applicant has a disability. The availability of funds for the Housing Rehabilitation Program will be advertised in a newspaper of general circulation within the City. The advertisement will run at least 30 days before the beginning of the application period. An application period of no less than two (2) calendar weeks or 10 working days will be established for the receipt of applications. Each Owner(s) will be required to schedule an appointment in order to submit a program application. Owner(s) may obtain application online at wpb.org/housing or in person at the Department of Housing and Community Development. Owner(s) must schedule an appointment with HCD Staff to submit application. Applications will only be accepted through appointments scheduled. Walk-ins or drop offs will not be accepted. Only completed applications, which consists of a completed application form and all the applicable supporting documentation, will be accepted. No copies or exceptions will be made. If application is not completed, Owner(s) will have to schedule another appointment to submit application. In the event the Owner(s) is determined to be ineligible for the Residential Rehabilitation Program, the Owner(s) shall be notified in writing. Owner(s) will be required to complete a City approved Home Maintenance Counseling course prior to completion of project. Owner(s) households are responsible for working in good faith and in a responsible, truthful, and timely manner. 3

4 Required Agreements and Security Documents Owner(s) awarded a loan will be required to execute required Agreements and Security documents that fully describes the terms and conditions of the assistance for an amount not to exceed $50,000. Loan Agreement The Loan Agreement will outline the rights and obligations of both the City of West Palm Beach and the Owner(s). The City of West Palm Beach cannot provide legal advice to any Owner(s) have with regard to the Agreement. The following requirements must be met or the loan will be declared to be in default with the terms for the loan: The rehabilitation loan will be declared to be in default and must be repaid if Owner(s) rents, refinances, sells, or transfers the title of the house prior to the termination of the occupancy period and/or if the home is no longer the primary/principal residence and time remains on the occupancy period that was established when the loan was made. Should there be only one Owner(s) who was provided assistance in the form of a loan and that Owner(s) becomes deceased, the loan will be declared to be in default and must be repaid if no income eligible heir takes possession of the home as their primary place of residency and time remains on the occupancy period established when the loan was made. There shall be no prepayment penalty on any Residential Rehabilitation loan. Owner(s) may pay off all or any portion of the outstanding principal balance at any time or prior to loan maturity date. Note and Mortgage A Note and Mortgage will be executed and filed with the Palm Beach County Clerk of Courts. The note and mortgage must be signed by the Owner(s) (each person on the deed) before any rehabilitation work begins. Assistance is in the form of a 0% interest, deferred payment loan. The loan is forgivable in its entirety at the end of the terms from the date of execution of said mortgage and note, provided that title remains under the ownership of the individuals signing said mortgage and note and said property remains their primary residence. Assistance Amount Occupancy Period Under to $15,000 5 Years $15,000 to $40, Years $40,000 to $50, Years There is no yearly pro-rata forgiveness of the loan. Full repayment of the loan is required if title is transferred or conveyed for any reason or the property ceases to be the primary residence of the applicant during the required occupancy period. In the event of the Owner(s) death, the terms of the Mortgage and Note may only be assigned under the following conditions: The Mortgage and Note shall be reviewed and revised to meet current policy at the time of the transfer. The purchaser or heir(s) must reside in the property as their primary residence. The purchaser or heir(s) must apply for assumption of the mortgage and meet the existing income and program guidelines. The purchaser or heir (s) must agree to abide by all of the terms of the original note, mortgage, and any restrictions or covenants in place, or newly required, to comply with the funding program requirements. 4

5 A subordination of the City s mortgage to a new 1 st mortgage will be allowed if all of the above criteria are met. Each request for subordination and/or refinancing of the City s Housing Rehabilitation loan will be handled on a case-by-case basis. Subordination shall only be approved when the refinancing will reduce the current loan payment or more favorable loan terms such as a lower interest rate. No subordination will be approved for cash out transactions. Construction Agreement between City, Owner(s), and Contractor The Construction Agreement for the improvements on the property will be between the City, Owner(s), and the Contractor. The Construction Agreement will outline the rights and obligations of the City of West Palm Beach, the Owner(s), and the Contractor. The City of West Palm Beach cannot provide legal advice to any Owner(s) or Contractor with regard to the Agreement. Change Orders Once the Construction Agreement has been executed, no changes to the work will be allowed. Under extreme circumstances, when the City of West Palm Beach determines that changes must be made to the scope of work under the agreement, any approved alterations, deletions, or deviations from the agreement shall be executed upon a written Changer Order signed by the Owner(s), Contractor, and the City. Contractor is not authorized to vary the work unless the Change Order is issued by the City. If a Change Order is not yet issued, the contractor is authorized to proceed with the change upon issuance of a Construction Change Directive issued by the HDC Director. Each Construction Change Directive shall be converted to a written Change Order before payment. However, no extra costs will be paid if the Contractor has neglected to properly evaluate the extent of the work. Work performed prior to the execution of a Construction Change Directive will not be paid. The Contract price, scope of work, and the completion deadline may be changed only by written Change Order executed by the Mayor. Execution of a Change Order shall be final settlement of all matters relating to the change. Scope of Work Development Construction Management The City of West Palm Beach will assign a Construction Specialist to development the scope of work and estimated cost for the project. The Construction Specialist will meet with the Owner(s) and inspect the residence, looking for health, safety, Building Code violations and local code violations and prepare a Specification of Work Report that will be reviewed and approved by the Owner(s) prior to it being released to the contractors. Contractor Selection Any Contractor wanting to participate in the Residential Rehabilitation Program must be approved through the City s Procurement process and be part of the approved list of General Contractors. Any party who has been suspended or debarred by HUD or any other Federal Executive Branch Agency and is listed on the Current Exclusion List will not be accepted to participate in the program. The City s Procurement Department is responsible for facilitating the contractor selections process. All eligible Contractors will be invited to attend Pre-Bid meetings held by the Construction Specialist at the Owner(s) property. Contractors will be provided with the approved Specification of Work Report that will detail the work to be completed for that particular project. Contractors shall abide by the City s Procurement process. Award recommendations shall be based on the information submitted only. Only bids that fall within 10% of the inhouse estimate will be deemed responsive. The lowest responsible and responsive bidder within the 10% range will be selected. 5

6 Contractors will be awarded a maximum of two (2) projects concurrently. If a Contractor has two active projects, they will not be awarded any additional contracts. The City reserves the right to base additional awards on demonstrated contractor capability on a case-by-case basis. Contractors experiencing delays in completing work within the required deadline will not be awarded additional work until the delayed projects have been completed to the satisfaction of HCD. Contractors who experience delays on two (2) successive projects will be removed from the bidder s list, unless the delays are caused by factors beyond the Contractor s control, as determined solely by HCD. Delays may be grounds for termination of individual contracts. If the Department finds that a Contractor fails to meet obligations with the Owner(s) and/or the City, and does not remedy the situation as stipulated by the Department, the contractor will be removed from the approved list and not be allowed to participate in the Residential Rehabilitation Program. The contractor must obtain all necessary building permits before work may begin. Issuance via of the executed Construction Agreement to the contractor will serve as the Notice to Proceed. The contractor shall apply for permits within ten (10) business days from the date the executed Construction Agreement was sent via . Warranties The Contractor agrees to honor all warranties and requirements of the 2-10 Home Buyers Warranty Program A Contractor Application for Home Enrollment (HBW 802) form must be completed and submitted with the scope of work document and the final warranty fee within 15 days of completing the rehabilitation work for each home improvement enrolled. The HBW 802 shall be signed by the Contractor and the Owner(s). Disbursement of Funds Financial Management The Contractor may submit a Request for Reimbursement upon 30% of work completion, 60% of work completion, and 100% of completion of work to the satisfaction of the City, Construction Specialist, and Owner(s). Ten percent (10%) of the contract total may be retained to ensure that project complies with contractual and program requirements. Additional payment draws may be authorized by the City on longer term projects where deemed reasonable by the City, in its sole discretion. Progress Payment Request for Reimbursement must include: AIA Documents Application and Certificate for Payment; Executed and notarized G702 and G703 Form; Contractor Invoice; Paid receipts for reimbursable fees (such as but not limited to: permit fees, impact fees, site work preparation, etc.) and; Documentation of inspection from Construction Specialist (with pictures); Final Payment Request for Reimbursement must include: AIA Documents Application and Certificate for Payment; Executed and notarized G702 and G703 Form; Final contractor invoice; Paid receipts for reimbursable fees (such as but not limited to: permit fees, impact fees, etc) Documentation of inspection from Construction Specialist (with pictures); Building Permits with approved final inspection from the City s Building Department; Mold and Lead Clearance (if applicable); Contractor and sub-contractors Release of Lien Waivers; 6

7 Lienor s Paid in Full Affidavit; Manufacture and Contractor Warranty Documents; Contractors Satisfaction Letter executed by Owner(s); Section 3 Summary Report(s) Contractor Evaluation Form A Payment Request for Reimbursement will only be processed after the Housing Loan Specialist, the HCD Administrator, and the Director of Housing and Community Development has signed verifying that the request is complete and appropriate. Payment Reduction HCD reserves the right to decline payment or reduce the amount of a draw to such an amount as is necessary to protect the Owner (s) from loss or to recover the cost incurred to correct or complete the specified work for reasons including, but not limited to: Defective work not corrected; Third-party claims filed or with reasonable evidence indicating probable filing of such claims; Failure of the Contractor to make proper payments to sub-contractors, laborers or material suppliers; and The amount of work completed is not enough to constitute a draw. Project Completion A project will be considered complete once all work has been inspected according to specifications and necessary building permits have been finalized by the City s Building Department. Final inspections by the Construction Specialist will be requested by staff upon receipt of invoice package, final release of liens and owner s satisfaction. Any items not completed per specifications must be completed and re-inspected prior to close-out. Grievances Disagreements regarding the administration or operation of the Residential Rehabilitation Program between any parties involved in the Program namely; contractor, homeowner, housing staff, and suppliers, or other interested parties, should be communicated to the Department of Housing and Community Development. Concerns shall be in writing to the Housing and Community Development Administrator identifying the basis for the specific complaint, the section in the contract or policies/procedures, which are perceived to be violated, and the sequence of events affecting the project to date. All relevant supporting documentation (photographs, copies of dated Certificate of Inspection, etc.) should be attached. The Program Administrator is responsible for receiving, reviewing, and responding to all complaints in writing within ten (10) business days of receiving the complainant s letter. In cases where technical expertise is required for assessment of the quality of work or materials, claims adjusters, or other appropriate technical professionals such as housing inspectors, structural engineers, flooring or cabinetry experts, plumbers, etc. who are not associated with either party involved in the dispute may be called upon for an impartial analysis. The Program Administrator is authorized to make reasonable accommodation, as necessary, to resolve complaints within HUD guidelines and in accordance with the program goals of efficiency, effectiveness, and customer satisfaction. If, after contacting the Housing and Community Development Administrator, as noted above, the complainant wishes to appeal the decision made by the Program Administrator, the complainant shall contact the Housing and Community Development Director. The complainant must present additional documentation, information or verification, in writing at the time of the appeal in order to substantiate the appeal request. 7

8 All appeals must be received within fifteen (15) business days of the original determination. If the appeal is not received within the fifteen (15) business day period, the right to appeal is waived and prior disposition is final. The Director will respond in writing to all filed grievances within 10 (ten) business days. The decision of the Director will be final. Effective Date: March 2, 2015 Approval Signature: Armando Fana, Director 8

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