City of Fort Pierce. HOUSING REHABILITATION ASSISTANCE PROGRAMS An Equal Housing Opportunity

Transcription

1 City of Fort Pierce Community Development Block Grant (CDBG) HOUSING REHABILITATION ASSISTANCE PROGRAMS An Equal Housing Opportunity First Draft, October 2003 Revised July 12, 2006 Second Revision and Adoption, June 20, 2011 Programs Administered by the Department of Urban Redevelopment

2 Table of Contents Page # I. Overview of Housing Assistance Programs 3 A. Program Description 3 B. General Eligibility Requirements 3 C. Definitions 4 D. Financial Aspects of the Loan Program 5 E. Equal Opportunity 5 F. Disposition of Program Income 5 G. Appeals and/or Conflicts 5 H. Changes and/or Waivers 5 II. Program Administration 6 A. Policies and Procedures 6 B. The Loan Portfolio Management System 8 C. Default 8 III. Housing Assistance Programs & Requirements 9 A. Rehabilitation Revolving/Deferred Loan Housing Programs 9 B. Emergency Repair Assistance Program 10 C. Senior Citizen Security/Handicap Program 11 2

3 I. OVERVIEW OF HOUSING ASSISTANCE PROGRAMS A. Program Description The City of Fort Pierce, Florida, acting by and through the Department of Urban Redevelopment (DUR) shall provide housing rehabilitation and/or repair assistance through the Community Development Block Grant (CDBG) program, as approved by the U. S. Department of Housing and Urban Development (HUD), to income eligible applicants residing within the City limits. The Department of Urban Redevelopment assumed responsibilities for this programming in March, Since 1975, the City s Housing Rehabilitation Programs have provided financial and technical assistance to low and moderate-income persons that own and occupy single-family residential structures in the city limits. Because of increased demand and shrinking resources, beginning in FY , the City s Housing Programs will focus on Extremely Low to Low income residents with household incomes below 60% of the area median income for the Martin/St. Lucie Metropolitan Statistical Area (MSA). Moderate income households will no longer qualify for assistance. Housing assistance to homeowners has been available through emergency grants, deferred payment loans (forgiveness grants), and low interest revolving loans. In 1986, the City added the U-Paint-It Program, and in 1988, the Senior Citizen/Handicapped Security Program was implemented. The CDBG program, in a public-private partnership, funds annual community paint-up, fix-up initiatives, such as the World Changers program, that have painted and made minor repairs to dozens of local residences. These programs are more effective and have resulted in much more community benefit, so in FY , the U-Paint-It program was discontinued after several years of inactivity. These programs are designed to preserve existing housing and enhance the quality of the neighborhood by providing decent, safe and sanitary housing for extremely low, very low and low income homeowners. Mobile homes do not qualify for assistance under this program. (Note: For the purposes of this policy, the definition of mobile homes means homes with permanent axles attached to facilitate their potential relocation. Mobile homes do not include modular or factory-built homes that are re-assembled on site and are intended to remain at that re- assembly location permanently.) The programs included herein are conducted in accordance with all applicable rules and regulations of the City of Fort Pierce, the State of Florida, and the United States Department of Housing and Urban Development. B. General Eligibility Requirements 1. Financial assistance is available to properties as indicated in the City s Housing Action Plan as approved by HUD. 3

4 2. Eligible properties must meet one or more of the following conditions: a. The property must be in need of rehabilitation in order to correct code violations and eliminate incipient violations that may result in code violations in 2 to 3 years b. Require prevention or elimination of physical conditions which are potentially detrimental to family safety and welfare. c. Require prevention or elimination blighting influences which cause the deterioration of property and the overall neighborhood environment. 3. The applicant applying for rehabilitation assistance must be an owner/occupant of his/her home having clear title or conventional mortgage. Homes with reverse or senior mortgages do not qualify. Mobile homes do not qualify. 4. A promissory note and mortgage to the City of Fort Pierce will be required on every CDBG revolving loan and/or deferred payment loan. The said note and mortgage will be properly filed and recorded with the Clerk of Courts and, at the conclusion of the contract, the Director of Urban Redevelopment, department financial administrator or approved representative, as agent for the City of Fort Pierce, will file a satisfaction of mortgage. 5. The owner shall maintain and keep current satisfactory property insurance for the term of the loan and shall provide the City with yearly verification of same. C. Definitions CDBG Program: The Community Development Block Grant program. Decent, Safe and Sanitary Housing: Dwelling units that meet the City of Fort Pierce Standard Building Code, the 1988 Standard Housing Code and HUD Section 8 Minimum Housing Standards. Dwelling Unit: An independent living unit containing at a minimum, bedroom, kitchen or kitchenette, and a living area/bedroom. Hazardous Conditions: A code violation that is an immediate, serious threat to the health and/or safety of the occupant of a dwelling unit. Household: All persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements. In calculating annual household income, income from each member of the household is to be considered. The City will require a nonresident owner, such as a spouse or ex-spouse, to sign a notarized statement certifying that they will not reside at the property. The participant is 4

5 to notify the City of any changes in the household size as a result of persons permanently moving in or out of the property within sixty (60) days of the change. HUD: The United States Department of Housing and Urban Development. Income: The gross amount received from all sources by every person residing in the dwelling, including wages, pensions, social security, interest, rent, dividends, etc. The income of children over 18 years of age living in the household, whether contributing to the household expenses or not, is to be included in the calculation for determining household income. The definition of household does not provide for any exceptions. Income Limits: The maximum amount that can be earned to qualify for a specific assistance category, based on household size and the median income for the City of Fort Pierce as determined by the annual Income Limits chart issued by the Florida Housing Finance Corporation, covering the Martin/St. Lucie MSA. Investor-Owner: The Title Holder to a residential structure who does not live in the structure. Occupancy Limits and Civil Rights: In accordance with Federal Fair Housing Regulations, the City may not deny assistance to or exclude households living in overcrowded conditions from receiving assistance. CDBG regulations permit renovations through alterations, additions to, or enhancements of, existing structures to address overcrowded conditions, providing that such alterations do not exceed twenty percent (20%) of the total rehab cost. Owner - Occupant: The Title Holder to a residential structure whose primary living unit is located in the structure. Residential: A property used only for dwelling purposes. No commercial or office activities are allowed on the property. Single Family Dwelling: A property of one to four dwelling units that is occupied by a single related household. The total income of one specific household is directly related to the proposed rehab work on that specific single family dwelling unit or units. D. Financial Aspects of the Loan Program The City of Fort Pierce will draw from its general fund for the up-front cash needs or the payoff to licensed contractors for rehabilitation work completed. The City will draw down CDBG monies from the U.S. Department of Treasury to refund its general fund. All transactions will be recorded electronically. E. Equal Opportunity The City of Fort Pierce s Housing Rehabilitation program does business in accordance with the Federal Fair Housing Law and Federal Equal Credit Opportunity Act. These laws state that it is illegal to discriminate against any person because of race, color, age, religion, sex, marital status, or national origin. 5

6 Any individual who believes that he or she may have been discriminated against may discuss the matter with the Director of Urban Redevelopment, the City Manager, or HUD s Assistant Secretary for Equal Opportunity. F. Disposition of Program Income All income generated from the use of CDBG funds through a revolving loan or the repayment of a deferred payment loan, will be retained by the City s CDBG program and utilized to continue and expand housing rehabilitation activities. G. Appeals and/or Conflicts Owners may appeal an inspectors finding that a dwelling is not rehabitable to the Director of Urban Redevelopment. Issues regarding owner eligibility or priority may be appealed to the Director of Urban Redevelopment or to the City Manager. H. Changes and/or Waivers The City Commission shall have the right to change or modify all or any part, of this plan by a majority of the Commission, provided that an acceptable alternative rehabilitation program is approved on a timely basis. The City Commission shall authorize the Director of Urban Redevelopment as agent for the City to sign all necessary documents and to waive any program requirement to further the purposes and objectives of the City of Fort Pierce Housing Program. Income eligibility limits will be adjusted as often as necessary to reflect updated income limits for the Martin/St. Lucie MSA as published annually by the Florida Housing Finance Corporation. II. PROGRAM ADMINISTRATION A. Policies and Procedures 1. The following baseline criteria must be met in order to be considered for housing assistance: Owner-occupied residence Have at least one violation of the Standard Building Code of the City of Fort Pierce Program eligibility tied to applicant income, based on household size. 2. The information given on the application must be verified in writing and all verifications added to client file. This includes all income, credit, assets, liabilities, size of household and type and size of mortgage(s). 3. Written notice of eligibility (or denial) will be sent to the homeowners, a case number will be assigned and files set up. 4. After it has been determined that the applicant is eligible for assistance, the City staff will order a title search, a survey of the property and verification 6

7 that insurance for the property is adequate. This includes flood insurance, if required, under the National Flood Insurance Program. 5. The application, with verification of compliance with the standard specifications will be initially reviewed by the Departmental Financial Administrator, for compliance with the rehabilitation policy. The evaluation of eligibility for assistance will be referred to and shall be approved by Director of Urban Redevelopment. 6. Where questions of eligibly arise based on extenuating circumstances, the case will be referred to the Director of Urban Redevelopment who will advise departmental staff on the appropriateness of assistance, in accordance with applicable rules and regulations. 7. If the property owner desires to participate in the program, the Program Specialist will direct one of the members of the department s pool of consultant contractors to inspect the residence and prepare a preliminary work write-up and complete a detailed cost estimate for rehabilitation to the unit according to City Code. The Program Specialist will prepare a final work write-up, cost estimate and scope of work. The information will be provided to the Purchasing Department who will issue an RFP for bids from contractors. 8. The contract will be awarded to the most responsive bidder after the bids are reviewed and judged by an evaluation committee, consisting of representatives from the Purchasing Department and the Department of Urban Redevelopment. The Program Specialist, the Departmental Financial Administrator, the Property Owner, the departmental consultant contractor and contractor who submitted the winning bid will attend a preconstruction conference. Extensive explanation of the work write-up will be made. All questions will be answered at that time to avoid the need for construction change orders later. Change orders are discouraged and all project change orders must be reviewed and approved (or receive a recommendation of reduction or denial) by the departmental consultant contractor and given final approval by the Director of Urban Redevelopment. The City of Fort Pierce encourages the use of green technologies in its rehabilitation programs, including Energy Star appliances, xeriscape landscaping, low vapor paints, low flow faucets, etc. 9. Loan Closing - The initial loan closing will take place at the preconstruction conference. The property owner will sign all applicable documents at this time. The client will be informed that the loan amount does not include any costs for temporary housing, storage of household goods or potential construction change orders. These amounts will be added to the loan totals at the close of the project and an amended loan document and appropriate mortgage documents will reflect that final amount. During the construction period, the client will be required to successfully complete a Home Ownership Training curriculum, designed to familiarize the client with the various physical maintenance responsibilities of home ownership and to prepare them to assume those responsibilities without the continued involvement of the City, after the one-year construction warranty period has lapsed. 7

8 10. Right of Rescission - All appropriate project documents will be signed at the preconstruction conference. The potential applicant for loan assistance will be informed of the three (3) day rights of rescission available to all parties. On the fourth day, if no parties have rescinded, all pertinent documents will be recorded with the Clerk of Courts. 11. When the order to proceed with work is executed, the contractor is then required to begin work within ten (10) days of its issuance. If the contractor does not commence work within ten (10) days, the contract will be awarded to the next most responsive bidder or will be rebid, at the discretion of the Director of Urban Redevelopment. Variations from the specification must be requested by change orders which require the approval of the owner, the departmental consultant contractor, and the Director of Urban Redevelopment, provided that the cumulative amount of change does not increase the contract amount by more that 20 percent. Changes over 20 percent or that which result in cumulative changes exceeding the 20 percent must be pre-approved by the Director of Urban Redevelopment, then forwarded to the Communitywide Council Advisory Board for oversight/review. 12. When construction to the dwelling is completed, the final inspection is made by both the departmental consultant contractor and the City s Building Official; the contractor is required to sign a Release of Liens. This insures that the contractor has paid all subcontractors and that there is no possibility that liens can be placed on a property on which the City holds a mortgage. The homeowner is also required to sign a Release acknowledging acceptance of the contractor s work and noting any problems or concerns. The departmental consultant contractor and the City Inspector must certify that completion of the work is according to code and specifications. A check is then requested by the Program Specialist and reviewed by the Departmental Financial Administrator, approved by the Director of Urban Redevelopment and made payable to the contractor and homeowner. 13. The Departmental Financial Administrator, at the completion of the project and after all expenses for the project are accounted for, will modify the Loan Agreement, discussed in point 10, as well as prepare a modified mortgage note for execution by the client. The Project Specialist will update the file to accurately reflect the true cost of the project. The Financial Administrator will record all appropriate amended documents with the Clerk of Courts. All modifications to these Agreements will be discussed with the client at a postconstruction conference, including the reasons for increases or decreases in amounts or terms of the Agreements. 14. Loan payments are due to the City thirty (30) to forty-five (45) days after final inspection (the date of the final inspection will be the determining factor). Information regarding the borrower and the loan is stored in the City s Loan Services File. 15. All follow-up inspection of rehabilitation work will be at the end of one (1) year. At the post-construction conference, the client will be advised that any 8

9 complaints regarding client dissatisfaction with contractor work performed on the residence must be resolved within one year and that all normal household maintenance items are the responsibility of the homeowner and not the City. B. The Loan Portfolio Management System The City will implement a Loan Portfolio Management System as an integral part of its housing programs to: 1. Improve access to information 2. Legally and properly document the loan to protect the City s collateral in the event of default. 3. Keep the elected officials regularly appraised as to the condition of the City s housing programs. Attention shall be given to legally securing assets that were financed by the loan. This includes maintaining accurate files for all documentation and updating files to reflect ongoing communication with clients. Files should always reflect the accurate amount of the loans and all loans and mortgages should be recorded in a timely fashion with the Clerk of Courts. Authorized personnel shall keep loan documentation in a locked fireproof safe in the Department of Finance with limited access only. Steps shall be taken to collect loan payments on time. A letter shall be sent to all accounts monthly. If payments are not received within seven (7) working days, they will be followed with a telephone call. All written and phone contacts will be noted in the file. A five dollar ($5.00) late fee shall be applied to all late payments. Every effort shall be made to enforce and collect the late fee with no exceptions. After all reasonable attempts have been made to bring delinquent accounts current, delinquent accounts shall be turned over to the City Attorney for legal action. Some insurance policies on collateral may have lapsed for nonpayment. Insurance is required on a mortgage loan; enforcement shall be a priority. Updated certificates of insurance naming the City as loss payee shall be required on all loans. The Departmental Financial Administrator will be responsible for delinquency and loan workouts, review of loan covenant violations, and implementing the loan portfolio management system. The Housing Program Specialist will handle general ongoing portfolio administration including: 1. Legal file maintenance 2. Borrower relations 3. On-site inspections 4. Tickler file maintenance A Tickle File System will be set up on each loan annually to: 1. Review loan performance 2. Update hazard insurance premium information 3. Ensure that property taxes are current 4. Note completion of one year on-site housing inspection. 9

10 C. Default If default is made for thirty (30) days in the payment of any installment of principal or interest or any part thereof, the installment then remaining unpaid with interest at the highest rate allowable under the Laws of Florida becomes due and payable without notice. The maker and endorsers of the mortgage note further waive demand notice of nonpayment and protest of dishonor and agree to pay all costs, including a reasonable attorney s fee, whether suit be brought or not, if after maturity of the note or security of said mortgage. If the note remains in default status for a period in excess of ninety (90) days, the City Attorney s Office may be instructed to initiate foreclosure proceedings A regularly scheduled report shall be presented to both the Communitywide Council and the City Commission at agreed upon intervals, not to exceed semiannually, outlining the existence of any and all mortgage defaults, late or partial payments or any conditions negatively impacting the City s housing programs. III. HOUSING ASSISTANCE PROGRAMS & REQUIREMENTS A. Rehabilitation Revolving/Deferred Loan Housing Programs Substantial rehabilitation assistance is available to eligible, existing owneroccupied residences through a revolving and/or deferred mortgage loan. Funds will be used for improvements that are needed for safe and sanitary habitation, correction of substantial code violations, or the creation of additional living space. Homeowners are eligible to apply for assistance through this program once every fifteen (15) years. Taxes and mortgage payments must be current. Priority shall be given to households that have been cited by code enforcement. Fiscal years covered: October 1, 2009 September 30, 2015, or the completion of the current HUD Five-Year Program. Income Limits: Extremely Low to Low income households (not to exceed 60% of the Income Limits published annually by the Florida Housing Finance Corporation for the Martin/St. Lucie MSA.) Maximum award: $60,000 per household, with potential leverage of local and state funds when repair costs exceed the maximum award, at the discretion of the Director of Urban Redevelopment. Terms, Recapture and Default: Extremely Low to Low income clients generally qualify for a deferred mortgage loan at 0% interest, with the outstanding balance due and payable upon sale, transfer or rental of residence. The deferred loan will depreciate annually (see chart below) if the owner continues to occupy the unit as their principal residence. On each anniversary date of the execution of 10

11 the deferred mortgage, the value of one year s payment will be deducted from the balance owed. Loans will be secured by a deferred mortgage and note. Should the property be sold or the household fails to maintain it as their principal residence during the term of the deferred mortgage loan, the remaining amount, plus a five per cent (5%) penalty charge, becomes due and payable. If borrower deceases, a verification file will be processed on the remaining household, to determine continued income eligibility. If the estate is liquidated, the balance outstanding at the death of the client, plus the five per cent (5%) penalty charge becomes due upon the sale of the property. Lien Period Assistance Amount Annual Depreciation 5 years $500 - $10,000 1/5 of loan amount 10 years $10,001 - $30,000 1/10 of loan amount 15 years $30,001 - $60,000 1/15 of loan amount Additional Information: If an applicant has more than $2,500 in collections, their file will receive special review to determine eligibility. B. Emergency Repair Assistance Program Funds will assist income eligible homeowners whose health and/or safety is threatened by a hazardous condition, including, but not limited to, such items as a leaking roof or plumbing, and exposed or faulty electrical wiring. Homeowners are eligible to apply for assistance through this program once every ten (10) years. Taxes and mortgage payments must be current. Priority shall be given to households that have been cited by code enforcement. Fiscal years covered: October 1, 2009 September 30, 2015 or the close of the current HUD Five Year plan. Income Limits: Extremely Low to Low income households (not to exceed 60% of the Income Limits published annually by the Florida Housing Finance Corporation for the Martin/St. Lucie MSA.) Maximum award: $15,000 per household, with potential leverage of local and state funds when repair costs exceed the maximum award, at the discretion of the Director of Urban Redevelopment. Terms, Recapture and Default: Generally, Extremely Low to Low income clients qualify for a deferred mortgage loan at 0% interest due and payable upon sale, transfer or rental of residence. The deferred loan will depreciate annually (see chart below) if the owners continues to occupy the unit as their principal residence. On each anniversary date of the execution of the deferred mortgage, the value of one year s payment will be deducted from the balance owed. Loans will be secured by a deferred mortgage and note. Should the property be sold or the household fails to maintain it as their principal residence during the term of the deferred mortgage loan, the remaining amount becomes due and payable. If 11

12 borrower deceases, a file will be processed (verifications) on new owners, if residence is not sold, to determine eligibility. Lien Period Assistance Amount Annual Depreciation 1 years $500 - $5,000-3 years $5,001 - $10,000 1/3 of loan amount 5 years $10,001 - $15,000 1/5 of loan amount Additional Information: If an applicant has more than $2,500 in collections, their file will receive special review to determine eligibility. C. Senior Citizen and Housing Security Program The City of Fort Pierce, in its efforts to provide a safe and suitable living environment, to evaluate and provide security measures in the homes of senior citizens and handicapped persons, agrees to install security measures that do not require intensive or extensive upkeep, no monthly monitoring charges, and are easy to operate. Funds may be used to pay the contractor the actual cost of the necessary purchase and installation of the following items: Perimeter lights; Solid core doors with peep-hole viewers and deadbolt locks; Handicap accessible bathrooms; Exterior handicap ramp; and/or Other related items Fiscal years covered: October 1, 2009 September 30, 2015 or the close of the current HUD Five Year Plan. Income Limits: Extremely Low to Low Income households (not to exceed 60% of the Income Limits published annually by the Florida Housing Finance Corporation for the Martin/St. Lucie MSA.) Maximum award: $15,000 grant per household. Leverage of local and state funds may be applied when necessary, at the discretion of the Director of Urban Redevelopment. Terms: Grant program only. No liens will be placed on residences receiving assistance. Property must be owner-occupied, at least one owner 65 years of age, or older, and/or must be handicapped. (Handicapped shall mean that a person (owner) has qualified for Social Security Disability Income (SSDI) under the Social Security Act.) 12