Administrative Plan Rental Rehabilitation Program funded with Local Option Sales Tax (LOST) revenues.

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1 Administrative Plan Rental Rehabilitation Program funded with Local Option Sales Tax (LOST) revenues. City of Cedar Rapids, Iowa Approved by the City of Cedar Rapids, City Council on April 6, 2010 Prepared by: Drew E. Westberg Special Assistant to the City Manager Tuesday, April 20, 2010

2 Table of Contents LOST Rental Rehabilitation Program: Overview... 3 Applicant Eligibility... 4 Property Eligibility Funding Award Determination... 4 Payment Process... 5 Program Application Process & Documentation... 5 Initial Inspection and Proof of Documented Expenses... 6 Visual Risk Assessment: Purpose, Process, and Results... 6 Bid Requirements... 6 Applicable City Permits & Regulations... 6 Program Administration... 7 Program Amendments... 7 Local Option Sales Tax Rental Rehabilitation Program Guidelines

3 LOST Rental Rehabilitation Program: Overview The City of Cedar Rapids, Iowa City Council officially created the LOST Rental Rehabilitation Program on March 23, 2010 (see Resolution No ). On April 6, 2010, the City Council formally allocated up to $25,000, in Local Option Sales Tax funds and adopted the program s Administrative Plan (see Resolution No ). This program was developed to rehabilitate residential rental properties damaged by the floods of During the flood of 2008, approximately 10-square miles of the City s core were submerged beneath the floodwaters. More than half of the residential parcels impacted are estimated to have been rental properties (approximately 2,500). In January of 2009, the State of Iowa established the Jumpstart Rental Rehabilitation Program. This program provided up to $24,999 to eligible applicants. Program eligibility was based though not solely on tenant incomes and unit rents. In January of 2009, the program began accepting applications. By the end of February, more than 600 applications were on file. Of those applicants, only 214 (representing approximately 370 units) were able to meet the program requirements and begin the process of rehabilitation. Over 200 applicants chose to opt out of the program as they determined it was infeasible for them to adhere to the necessary tenant income and unit rent restrictions. By the end of 2009, less than $3,000,000 had been distributed to Residential Landlords. The City Council Budget Committee reviewed this issue on March 15, 2010 and March 18, The Committee chose to recommend creation of a new rental rehabilitation program to be funded with Local Option Sales Tax (LOST) funds to the City Council. The intent of the program would be to provide less restrictive funds to eligible landlords that would incent the rehabilitation of flood-impacted rental properties outside of the 100yr. floodplain and the Construction/Study Area. The City Council has allocated up to $25,000, to the LOST Rental Rehabilitation program to rehabilitate an estimated 600 units of quality rental housing, including assistance for those 214 participants in the existing Jumpstart Rental Rehabilitation program. Only flood-related expenditures are eligible for reimbursement. 3

4 Applicant Eligibility To be eligible, applicants must meet all of the following criteria: A residential rental property owner (individual; for-profit entities; and non-profit entities) Rental property owners must have been the owner of record of the property (or properties) for which funding is sought prior to June 13, 2008, the date of the disaster. For the purposes of this program, Contract Deed Holders will be considered owners of the property if the property has reverted to their control through a lawful proceeding. However, the contract deed holder must be the same pre- and post-flood to be considered eligible. Common ownership must have been in place both pre-disaster and active post-disaster. The activity is available only to rental property owners whose properties were physically damaged in the Floods of Damage caused by sanitary or storm sewer back up is eligible, unless otherwise covered under homeowner insurance. Current Jumpstart Residential Landlord program participants are eligible for the difference between their total eligible awards in both programs. Once participants in the Jumpstart program have accepted payment from the Jumpstart program, they are only eligible for the differential award from the Local Option Sales Tax, regardless if the Jumpstart funds are repaid. Property Eligibility. To be eligible, applicant s rental properties must meet all of the following criteria: In order to be eligible for assistance, the rental property owner must be able to demonstrate and document that their property was physically damaged by a disaster event. This might include, but is not limed to: insurance claims documentation, inspection reports (city, insurance claims representative, A/E, etc.). Rental property is not located within the 100-year floodplain or Construction/Study Area - both as defined by March 23, 2010, the date of the program s creation. Rental property was registered with the City of Cedar Rapids as a rental property prior to the date of the disaster (June 13, 2008). Funding Award Determination The maximum eligible award is up to 60% of the pre-flood assessed value of the rental property as determined by the City of Cedar Rapids Assessor or $30,000 per unit, whichever is greater. In the instance of multiple unit structures (including condominiums), the eligibility will be limited to no more than 10 units within the structure. 4

5 Payment Process All payments for flood-related expenses will be made on a reimbursement basis within net thirty (30) day terms upon submission of an accurate and detailed invoice. All invoices will be submitted to the third-party administrator for payment. Direct payments to a third party (e.g. contractor, supplier, etc.) can be made if necessary. However, the third-party administrator will be responsible for establishing a minimum payment threshold. All properties will be required to complete the project, including passage of a final inspection from the City of Cedar Rapids Code Enforcement Division. If an applicant fails to submit an invoice for work within a 90-day period, the third-party administrator will conduct a mandatory inspection to assess the status of the property. The cost of this inspection will be deducted from the applicant s total eligible award. It is not the intent of the program to provide funds to properties that fail to reach completion. The third-party administrator will be expected to routinely check on the status of each property receiving assistance. Program Application Process & Documentation All applicants must submit a formal application and all necessary documentation to be eligible for program funds. The third-party administrator will open the application process no sooner than May 3, 2010 and no later than May 31, The application process is intended to gather enough information up front to adequately identify and assess program gaps. As a result, more information may be requested than is necessary to meet the programmatic guidelines. The applicant will be required, at a minimum, to provide the following information: Business Information: including name, contact information (and person), form of business, and state of incorporation. Business Owner Information Property Information: # of units, type of units, pre-flood unit rents, etc. Duplication of Benefits Affidavit Consent and Release Form 5-year Retention Agreement 5

6 Initial Inspection and Proof of Documented Expenses For work already completed, the applicant will be required to provide receipts and any other documentation necessary to satisfy the third-party administrator that the work was a flood related expense and was completed to all applicable state and local codes. For work not already completed, the third-party administrator will schedule an inspection to assess the total estimated repair costs and develop a scope of work for the rental property. A copy of the inspection will be provided to the applicant for their records, as well as included in the applicant file. The cost of this inspection will be borne by the third-party administrator and will be eligible for reimbursement as a project delivery cost. Visual Risk Assessment: Purpose, Process, and Results The purpose of a Visual Risk Assessment (VRA) inspection is to identify lead hazards throughout the unit. Homes built prior to 1978 typically utilized lead-based paints, which can have devastating impacts on children. The VRA identifies specific lead hazards found on the property. Hazards found as part of the VRA will be added to the scope of work resulting from the initial inspection. The cost of the VRA will be borne by the third-party administrator and will be eligible for reimbursement as a project delivery cost. Bid Requirements For work not already completed, or under contract by March 23, 2010, the applicant will be required to obtain at least two (2) bids. Applicants may seek bids for a general contractor to oversee the entire project, in which case only two (2) bids would be required for the general contractor. The general contractor would not be required to submit bids for any of the work completed. If the applicant chooses to act as the general contractor for the project, the applicant will be required to submit at least two (2) bids for all flood related expenses to be reimbursed. If two (2) bids cannot be acquired, applicants must provide proof that bids were requested or that the work is highly specialized, making two (2) bids prohibitive. It will be at the discretion of the third-party administrator to determine if two (2) bids are necessary. Applicable City Permits & Regulations All work completed must adhere to all City regulations and permits, including but not limited to: 1. Local Building Code Requirements 2. Local Housing Code Requirements applicable to rental housing (i.e. the International Property Maintenance Code). 3. Pass a final inspection and receive a Letter of Compliance to be included in the property management file. 6

7 Program Administration The LOST Rental Rehabilitation program is estimated to receive up to 600 or more applications. City staff does not have the necessary resources available to process this magnitude of applications in a timely manner. The third-party administrator would be expected to, at a minimum, complete the following tasks: 1. Application in-take and review 2. Scheduling and oversight of initial inspections, including Visual Risk Assessments 3. Oversight of receipt of bids for work by applicant 4. Data entry and database management 5. Regular reporting to City staff on program metrics 6. File documentation 7. Invoicing the City for reimbursement 8. Payment of contractors / applicants within 30 days of the receipt of an accurate and detailed invoice for completed work. 9. Regular Stakeholder communication 10. Continuous gap identification Other duties may become necessary as the program evolves. Staff will work with the third-party administrator to make all necessary contract amendments to ensure the continued effective, efficient, and responsive administration of the program. The third-party administrator will be eligible for up to 1.8% of all dollars disbursed to applicants in administrative fees. Project delivery costs will be permitted in addition to the 1.8% based on an agreed upon fee schedule, as set forth in the third-party administrator s contract. The City will be permitted to recapture up to 0.02% for program oversight. Program Amendments Substantive changes to this Administrative Plan for the LOST Rental Rehabilitation program must be made by City Council. All other changes are required to be recorded by the City staff lead and kept with the file for purposes of the public record. 7

8 Local Option Sales Tax Rental Rehabilitation Program Guidelines Program Description The program is designed to provide rental rehabilitation assistance for residential rental landlords whose rental units were physically damaged by the Flood of Landlords may receive up to 60% of the pre-flood assessed value of their rental property or $30,000 per unit, whichever is greater. Landlords participating in the Jumpstart Rental Rehabilitation program may participate and are eligible for the difference between their total Jumpstart award and the maximum eligible amount under this program. Only flood related expenses are eligible for reimbursement. Definitions Physically damaged for the purpose of this program means physical damage caused by flooding. Damage caused by sanitary or storm sewer back, unless otherwise covered by insurance, is eligible. Flood related Expenses for the purpose of this program include any purchases directly related to the rehabilitation of the flood-damaged structure. Carrying costs related to loans, loss of rental income, property management fees, salaries, and other similar damages are not eligible for reimbursement under this program. Substantive Changes for the purpose of this program include any and all changes that alter the intent of the program and its basic guidelines. Applicant & Property Eligibility Criteria: (must comply with ALL criteria) A residential rental property owner (individual; for-profit entities; and non-profit entities) Rental property owners must have been the owner of record of the property (or properties) for which funding is sought prior to the date of the 2008 natural disaster(s). Common ownership must have been in place both pre-disaster and active post-disaster. The activity is available only to rental property owners whose properties were physically damaged in the Floods of Damage caused by sanitary or storm sewer back up is eligible, unless this was covered under homeowner insurance. In order to be eligible for assistance, the rental property owner must be able to demonstrate and document that their property was physically damaged by a disaster event. This might include, but is not limed to: insurance claims documentation, inspection reports (city, insurance claims representative, A/E, etc.); Rental property is not located within the 100-year floodplain or Construction/Study Area, as defined at the date of creation of this program. Rental property was registered with the City of Cedar Rapids as a rental property prior to the date of the disaster (June 13, 2008). Award will result in a contract between the City of Cedar Rapids and the rental property owner. Jumpstart Residential Landlord program participants are eligible for the difference between their maximum eligible awards for both programs. Program Requirements In order to be eligible for assistance, the rental property owner must submit to an initial inspection, including a Visual Risk Assessment regarding lead-paint, to demonstrate and document the physical damage to the property. All applicants are required to submit at least two (2) bids to complete the work to the third-party administrator. 8

9 The property must meet all applicable property standards after being rehabilitated. 5-year forgivable grant receding by the following scheduled: 10%, 10%, 20%, 30%, and 30%. Eligible maximum amount of assistance Amount of assistance is limited to 60% of the assessed value of the applicant s rental property or $30,000 per unit, whichever is greater. Multi-unit structures (rental or condominium) are capped at 10 eligible units. Only flood related expenses are eligible for reimbursement. Required to Conduct Duplication of Benefits No duplication of benefits will be allowed. Prior to assisting residential building owner the City of Cedar Rapids will need to determine and verify any monies received from any other federal or state financial resources providing disaster recovery funding, including Jumpstart Business Disaster Assistance, and any insurance settlement payments provided to the rental property owner, and Small Business Administration assistance. The administrator will adjust the Local Option Sales Tax Rental Rehabilitation award amount accordingly. Program Termination Applications for funding for this program shall be received by the administrative entity by December 31, If necessary, this date may be extended by Council authorization. Application period may be terminated if funds are not sufficient. Program Administration The program will be administered by a third-party. The administrator will be eligible for up to 1.8% of total funds distributed for eligible administrative fees. The third-party administrator will invoice the City on a monthly basis using an agreed-upon invoice template. The City will retain up to 0.02% of all funds distributed for program administration. The administrator will be eligible for project service delivery fees in addition to the 1.8% administrative fees. Fees will be based on a mutually agreed to fee schedule between the City and the third-party administrator. Administrator will be expected to provide Customer Service Feedback cards (provided by the City of Cedar Rapids) to all program participants throughout the course of the program. 9

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