SMALL RENTAL REHABILITATION PROGRAM

Transcription

1 SMALL RENTAL REHABILITATION PROGRAM Program Overview A Small Rental Rehabilitation program (SRR) serves to rebuild affordable rental housing stock by rehabilitating small properties (typically 1 4 units) damaged in the disaster. These programs provide financial assistance, such as forgivable loans, to small rental property owners who serve a low to moderate income market. Such programs are appropriate in markets where a significant number of small rental property owners need assistance to bring their rental units back to the market. The program expands affordable rental options while also spurring economic growth by assisting landlords. The following shows the typical steps in a Disaster Recovery Small Rental Rehabilitation Program. Each grantee s program will look slightly differently depending upon local needs, capacity and goals. Step 1. Application Intake Step 2. Eligibility Review Step 3. Verification of Docs & Duplication of Benefits Check Step 4. Award Determination Step 5. Closing Step 6a. Construction Management Step 6b. Construction Step 7. Verification of Tenant Income at Lease-Up Step 8. On-Going Compliance Program Design Considerations Many grantees established HOME- or CDBG-funded small rental rehab programs prior to the disaster. Elements of that program design may be replicated for ease of transition and quick start-up (e.g., modifying and adapting processes, documentation, and monitoring activities). However, a grantee must understand that a Disaster Recovery SRR program differs significantly from the standard SRR program and take into consideration the following program design considerations when developing the SRR program. Terms and conditions of the loan must meet the community s needs. Post-disaster, the demand for rental housing is usually much higher than the supply. Incentives for small rental properties that typically would be considered too advantageous to the investor (e.g., forgivable loans, grants), may be necessary for the overall community s benefit. Depending on the size and scope of the disaster, and the changing demographics in the region, a SRR may need to set terms and funding amounts equivalent to the homeowner program. Use the landlord s construction skills to your advantage. Landlords of small properties are often adept at construction or construction management. Construction undertaken by the landlord, i.e. sweat equity, will lower funding awards and, in turn, increase the number of landlords served by the program. In these cases, a grantee should adhere to stricter requirements for inspections (e.g. more on-site inspections, special inspectors trained in sweat equity projects) and construction schedules. Program Design and Implementation Kit: Small Rental Rehabilitation Program 1

2 Eligible costs may include costs not covered by the typical construction program. Small rental properties landlords often own multiple properties and the equipment to maintain them. The storm probably damaged their real estate as well as their equipment. A small percentage of an applicant s total award could be used to replace damaged equipment such as lawn mowers, ladders, and maintenance supplies. Overall, assistance to property owners should include some combination of the following: o o o o o Rental income subsidy assistance Repair, rehabilitation, or reconstruction reimbursement for damaged property Repair or new purchase of equipment Reconstruction or conversion reimbursement for non-disaster damaged property New construction reimbursement Rapid stand up and processing are critical. Program participants are in crisis and need assistance as soon as possible. Both the landlord and the tenants may have been displaced by the disaster and are likely to be living in substandard conditions. If assistance is too slow to arrive, landlords may be foreclosed upon, while their tenants may leave the area. Delays in standing up the program can push likely participants out of the process and prolong the overall rebuilding efforts of a community. The grantee must, therefore, start the program up quickly with a program design that allows for efficient processing and a flexible approach to problem solving. Program size may overwhelm existing systems and capacity. While the grantee may be able to model the SRR program on an existing program, it is likely they will have to scale the program up significantly to meet the urgent needs of their target population. The staffing model for a post disaster SRR must address higher volume that will be flowing through the program, adding positions and adjusting processes to allow for efficient processing. The program design must take into account the staffing needs for each step in the process, training needs specific to each step, and a qualified pool of contractors and inspectors. Ideally, it will work in tandem with the Homeowner Rehab program. CDBG-DR funds must be closed-out. Historically, CDBG-DR appropriations require grantees to complete a close-out process. As this may prove quite difficult and taxing on staff to meet this requirement once all programs using CDBG-DR funds are complete, HUD highly recommends closing out programs on a rolling basis. Initiate the close-out process once all funds for each specific program are drawn down, the national objective has been met, and program requirements are complete. Implementation Strategies The exhibit below walks through the key steps in the implementation of a Disaster Recovery Small Rental Rehabilitation (SRR) Program. This exhibit details critical success factors, common obstacles, and strategies used by successful grantees to address these obstacles. It also identifies recommended resources a grantee may wish to create, per step, to develop a successful program. Finally, there are six tools, identified under SRR Implementation Tool that provide sample language a grantee may edit and adopt to suit their program needs. Each Tool may be found in subsequent documents provided in this Toolkit. The strategies and tools are not exhaustive and depending on the disaster recovery situation, may not be applicable to every grantee s situation. Program Design and Implementation Kit: Small Rental Rehabilitation Program 2

3 Step 1: Application Intake Displaced property owners can be difficult to locate following a disaster event. Application is burdensome and discourages potential applicants from participating. The purpose of program intake is to collect necessary information from all participants to document their eligibility and determine their awards. In a postdisaster situation, an efficient, accessible, and flexible approach to intake is important. A grantee must take into account the special circumstances of the applicants to decrease their barriers to entry. For a successful application intake process, the program must: Be accessible to intended beneficiaries Collect all necessary information to support the determination of the award amount Provide support to beneficiaries who may have lost documentation in the disaster Put in place deadlines, but allow for flexibility Develop and implement an outreach and marketing plan to spread the word about the program throughout the impacted region and in areas where potential applicants are temporarily residing. The outreach and marketing plan may use common methods of disseminating information such as newspaper advertisements, local commercials, and public information sessions at neighborhood meetings. The grantee should also reach out using communication tools that have sprung up post-disaster, such as action or public interest groups, blogs, or FEMA networks. The plan must include clear and concise answers to common concerns such as the lack of documentation due to disaster, accessibility of intake process, etc. Develop an application intake process that is easy for potential applicants to complete and can get underway as quickly as possible following a disaster. Strategies for quick and easy applications include: Develop a web based application Catalog all documents electronically Program Design and Implementation Kit: Small Rental Rehabilitation Program 3

4 Be flexible about submission of documents that were lost in the disaster; accept alternative documents where possible Use existing Housing Relief/Recovery Centers for application intake and to assist with answering applicant questions Hold public information meetings to help property owners assess needs, gather information, and understand program requirements. Involve government officials, bank representatives, FEMA representatives, SBA representatives, and legal aid in these meetings. SRR Implementation Tool #1-3 Web-based Application Marketing Plan Training Materials for new staff providing application intake services SRR application Application Handbook Participant Progress Checklist Program Guidelines Step 2: Eligibility Review Applicant cannot specify the number of units to receive assistance. Eligibility review must have clear criteria to ensure an equitable process but allow flexibility to address the barriers to participation faced by the intended participants. A successful eligible review process must: Be quick and efficient Allow for rapid resolution of issues and institute a formal appeals process Result in a clear and transparent determination of eligibility This obstacle is caused when a grantee needs to define a unit more clearly for the purposes of the program (e.g. SRO, 1-4 bedroom apartment, in-law suite). To be successful, a grantee must establish clear guidelines regarding type and size of unit. If grantee allows numerous types of unit types, then documents Program Design and Implementation Kit: Small Rental Rehabilitation Program 4

5 required and award calculation may need to be unique for each type (e.g. SROs have different revenue streams and therefore may need additional evaluation of the financial health of the project). Applicant cannot specify the number of units to receive assistance. This obstacle is caused when an applicant is unclear the number of units they would like to build to (if the property needs more than rehab). Therefore, a grantee should place limits on reconstruction projects that are in line with CDBG regulations, unless otherwise waived. Eligibility checklist Program Guidelines, including definition of unit RFP or partner agreement for free legal assistance Step 3: Verification of Documents & Duplication of Benefits Check Because CDBG-DR is designed to meet an applicant s unmet need, the grantee must have a process in place to determine the assistance the applicant has already received from insurance and other sources. As with all CDBG-DR funded programs, the Disaster Recovery SRR program will require a check for Duplication of Benefits, in addition to standard Document Verification procedures. The process must: Take into account data from all relevant sources Allow for quick resolution of issues Schedule continuous updates of funding data (to check Duplication of Benefits) Clearly communicate resolutions with applicants There is no single source of data from private insurance companies or public agencies. To strategically target companies and initiate requests for information early in the program planning process, quickly generate a list of the insurance companies who generate the most business in the affected communities. Additionally, identify contacts at the state level, if possible, who work directly with insurance companies (i.e. Insurance Boards) and work Program Design and Implementation Kit: Small Rental Rehabilitation Program 5

6 through their networks to establish dialogue. Finally create a system to transmit data that is easy for the largest insurance companies. For public companies, there is no single source for all data from the government. Therefore, it is essential to coordinate with key agencies (e.g. SBA, FEMA) and establish a data sharing agreement via a MOU. DOB Calculation Chart Document verification checklist MOUs with private insurance companies Exception standards and/or process Step 4: Award Determination Award determinations can change after the initial calculation as new or updated information becomes available about the applicant s benefits from other sources. Award determination is complex and, therefore, can cause confusion for the applicant. Awards for property owners are based on multiple factors including the number of units, size of property, and overall construction need as well as the benefits received from insurance and other programs. Additionally, many disaster SRR programs provide multiple types of assistance (e.g. construction loan for rehab and rental income subsidy for a period of time). Misunderstandings are often not identified until grantee s detail the exact award determination for an applicant. The award determination process must: Provide sufficient funding for participants to rehabilitate their home to acceptable standards Adhere to a transparent approach to calculating the award, detailing each type of assistance calculated Institute a clear appeals process Establish an automated calculation system that provides easy-to-use analytics identifying when recalculations occur. This may be IT-intensive and should be reserved for large-scale programs. Additionally protocols for recapturing assistance, when necessary, are mandatory and must be effectively communicated to applicants at each step in the process. Program Design and Implementation Kit: Small Rental Rehabilitation Program 6

7 Participants may contest their awards. Program materials should have a clear description of the factors that affect the award amount including a summary of the data that supports the award determination. Explain the calculation and factors in various different formats, using graphic representation, mathematic formulas, and plain language. Similarly, train staff to communicate this information to applicants of all educational levels. Protocol for award determination Award determination letter Reports (analytics) that demonstrate automated calculations Award determination methodologies Step 5: Closing Property owners may have difficulties in understanding the program requirements as they relate to the closing, especially for those working with multiple financial mechanisms. As the closing process is often undertaken by outside sources (title companies) and heavily regulated, grantees can generally use their standard closing process for SRR assistance. The closing process must: Document the assistance and the participant s obligations under the program Ensure participant s understanding of the program obligations Coordinate the draw down and escrow of funds with the closing Be completed in a timely and efficient manner A grantee representative should attend the closing to walk through the program requirements and answer any questions about terms for each element of the assistance. Additionally, the grantee should include standard plain language summaries of the legal documents, their content and purpose. RFP for title agencies Contract with title agencies Program Design and Implementation Kit: Small Rental Rehabilitation Program 7

8 SRR Implementation Tool #4 &5 Assignment/Assumption Agreement Subordination Procedures, Form and Guidance Step 6a: Construction Management The community lacks sufficient qualified contractors to carry out necessary rehabilitation and reconstruction in the impacted area. Construction management is the overall coordination and control of the rehab, reconstruction or new construction of a small rental property, including procurement of contractors, time and cost management, quality control, etc. For grantees, staffing capacity is often stretched thin with large numbers of individuals off-site (inspectors, contractors), sizeable sum of funds processing through a system of checks and balances, and multiple partners engaged that need to be manage appropriately. To ensure the success of the construction process, grantees must: Develop and agree upon a construction schedule at, or prior to, closing Use an RFQ to develop a pool of contractors who work on small rental projects Develop a robust QA/QC system for both construction oversight and invoice processing Develop and make available a directory of area qualified contractors. If there are insufficient qualified contractors, develop a plan for attracting qualified contractors to the area. The plan may include such strategies as: Develop a job creation/incentive program to lure qualified contractors who otherwise would not work in the affected area or who would not take single-family construction jobs Provide additional educational and/or on-thejob opportunities in cutting edge techniques (e.g. tablets with computerized specs and invoicing approvals) Decrease risk exposure by providing constant, on-site meetings detailing process and identifying needs immediately as they arise Program Design and Implementation Kit: Small Rental Rehabilitation Program 8

9 Work with other disaster rehab programs to share resources and attract new capacity Property owners report repeated grievances against contractors. Develop a clear, transparent plan for grievances that allows for quick, on-site inspection of the issues before problems become endemic to the project. The process must outline the inspector s responsibilities but also the duties of a QA/QC manager and the thresholds that apply for this manager to become involved. Action Plan that outlines a job creation/incentive program to lure contractors to the region. Online Construction Permit Application Appeals/Grievance Plan Step 6b: Construction Local codes do not exist and/or do not include energy efficiency, elevation, or mitigation and weatherization measures to protect properties in future disasters. With large and small construction projects on-going in communities post-disaster, it can be difficult for the SRR program to compete for raw materials, qualified contractors, quick permitting, etc. For the applicant and tenant, the construction process often is too slow for their needs, especially a landlord s cash flow. To ensure the success of the construction process, grantees must: Provide on-going training for contractors on the program requirements, grantee s processes, and inspection standards Include, where necessary, mitigation standards In concert with other disaster housing programs, engage in a two-fold process to create local codes. First, use a reputable set of codes to temporarily establish interim standards and specs for inspections. Any unit rehabbed to these temporary set of codes should be grandfathered in when a more comprehensive set of standards are formed. Second, establish a committee of stakeholders including local contractors, government agencies, local officials and citizens to assist in the development of or updates to codes. Program Design and Implementation Kit: Small Rental Rehabilitation Program 9

10 Develop standards and specifications that incorporate energy efficiency requirements, elevation requirements for homes in flood plain, and mitigation and weatherization measures Educate local contractors and homeowners on how to comply with new rehabilitation standards and specifications. Educational efforts may include holding public information meetings, online resources, and qualified construction rehabilitation specialists available to answer questions. Grantee lacks staff capacity or systems to address the high volume of requests for construction permits following disaster. Develop a CDBG-DR funded program that addresses building codes and the permitting process. Additionally, hire and train term-limited staff that are solely responsible for the units receiving assistance. For large programs, consider staffing satellite permitting offices in the Homeowner Intake Centers. Specifications Action Plan addressing building codes and permitting Step 7: Verification of Tenant Incomes at Lease Up Small rental properties must meet requirements, spelled out in their written agreement, to occupy the property with low and moderate income tenants. This process is no different from the verification of tenant incomes under a standard SRR program; however owners may face some challenges in leasing back up after a disaster. A successful lease up process will: Allow the property owner to lease up quickly, securing income for the property and meeting the need for rental units in the community Document the eligibility of the tenants Allow flexibility for situations where lease-up may be complicated by the post-disaster challenges of tenants Program Design and Implementation Kit: Small Rental Rehabilitation Program 10

11 Property owners may struggle to fill their property with eligible tenants. Tenants may have lost documents that allow them to document eligibility. If people have been displaced after the disaster, it may take a concerted marketing campaign to areas where tenants have fled. To assist speedy lease-up, a grantee can work with landlords and develop a marketing campaign to potential low- and moderate-income tenants that may include: On-line apartment-tenant match social networking site Materials disseminated at Housing Relief/Recovery Centers Standardized lease To help tenants who may have lost key documents in the disaster, the grantee may request a waiver from the HUD outlining key alternative documentation of eligibility for lease up. This documentation should only be allowed for a short period of time (e.g. six months) until additional documentation can be provided. Lease-up procedures Standardized Lease Waiver language for alternative documentation of eligibility Step 8: Ongoing Compliance Small rental property owners must follow through on the obligations outlined in their written agreement. To ensure that properties are properly leased to eligible tenants, the grantee should: Have a compliance plan for monitoring properties after closing and construction are completed Ensure terms of written agreements are enforced and that eligible tenants remain in the property for the length of the affordability period Ensure compliance in the event that the property is sold to a new landlord Ensure funding is available to support grantees Program Design and Implementation Kit: Small Rental Rehabilitation Program 11

12 in their ongoing monitoring efforts, after the post disaster recovery effort is complete Changes in tenancy and in ownership can cause properties to fall out of compliance. Grantee does not budget and reserve funds to match projected activity delivery. SRR Implementation Tool #6 Provide tools to property owners so that they can easily document the income eligibility of their tenants. Monitor the property regularly and ensure that monitors speak with the property owner to confirm understanding of the requirements and with the tenants to ensure proper upkeep of the unit. In the cases of changes of ownership, make sure that the new owner receives clear guidance on the requirements, their responsibilities, and proper documentation of compliance. Set-aside a percentage of SRR funds for on-going compliance for a set period of time Five years of ongoing compliance may be considered activity delivery costs. Monitoring plan Compliance forms for property owners Pre-Construction Monitoring Checklist Program Design and Implementation Kit: Small Rental Rehabilitation Program 12