Deferred Capital Loan Program Guide: Housing Trust Fund Ending Long Term Homelessness Initiative Fund 501(c)(3) Bonds Housing Infrastructure Bonds

Transcription

1 Deferred Capital Lan Prgram Guide: Husing Trust Fund Ending Lng Term Hmelessness Initiative Fund 501(c)(3) Bnds Husing Infrastructure Bnds April 2015

2 The Minnesta Husing Finance Agency des nt discriminate n the basis f race, clr, creed, natinal rigin, sex, religin, marital status, status with regard t public assistance, disability familial status, r sexual r affectinal rientatin in the prvisin f services. An equal pprtunity emplyer. This infrmatin will be made available in alternative frmat upn request.

3 Table f Cntents Intrductin Prgram Purpse and Backgrund... 1 Chapter 1 - Eligibility OWNER/SPONSOR USE AND LEVEL OF FUNDING DESIGN AND CONSTRUCTION REVIEW INCOME AND OCCUPANCY REQUIREMENTS... 5 Chapter 2 General Characteristics HTF, ELHIF, 501(c)(3) and Husing Infrastructure Bnd Prceeds Funding FUNDING TERMS TRANSFERS OF OWNERSHIP/PREPAYMENT MANAGEMENT AND OPERATION MONITORING AND REPORTING REQUIREMENTS... 8 Chapter 3 Cntract Cmpliance Plan POLICY PURPOSE GOALS REQUIREMENTS SANCTIONS EQUAL OPPORTUNITY LAWS/RULES Chapter 4 Minnesta Husing s Fair Husing Plicy Chapter 5 Allcatin f Funds Chapter 6 Prgram Cntact... 15

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5 Intrductin Prgram Purpse and Backgrund The Minnesta Legislature established the Husing Trust Fund (HTF) in 1988 t supprt the develpment f affrdable husing fr lw-incme persns and families. HTF is funded by state apprpriatins and interest earnings n real estate brkers trust accunts, interest accrued n revenue bnd applicatin fees and frfeited fees. Substantial prgram changes t expand the use f the fund were apprved by the legislature in 2001 and implemented by Minnesta Husing in Eligible uses f HTF include: capital lans, and grants fr perating subsidy and rental assistance. Statute requires that 75% f the HTF prgram funds be used fr the benefit f husehlds whse incme at the time f initial ccupancy des nt exceed 30% f the metrplitan area median incme fr a family f fur as determined by HUD, and adjusted fr families f five r mre. The HUD metrplitan area median incme limits are applied statewide. A husehld with Sectin 8 prjectbased r vucher assistance is deemed t meet these incme requirements. Minnesta Husing has elected t reserve up t 70% f the HTF fund fr prpsals that create permanent rental husing pprtunities with supprt services fr husehlds experiencing lng-term hmelessness. In 2005, HTF rules were mdified t add a funding pririty fr develpments and prgrams that serve husehlds experiencing lng-term hmelessness in respnse t the State's Business Plan t End Lng- Term Hmelessness. In supprt f the State s Business Plan, the Minnesta Husing Bard apprved the amendment f the Affrdable Husing Plan n May 27, 2004 t establish a new funding surce, the Ending Lng-Term Hmelessness Initiative Fund (ELHIF). ELHIF is administered thrugh the HTF Rules and the use f this funding surce is t create permanent rental husing pprtunities with supprt services fr husehlds experiencing lng-term hmelessness. Eligible activity types f funding under ELHIF include: capital lans, and grants fr perating subsidy, and rental assistance. In 2008, the Legislature apprved the Gvernr s Capital Budget Request fr 501(c)(3) Bnds t finance the capital csts f permanent supprtive husing fr husehlds experiencing lng term hmelessness. The 2010 State Bnding Bill increased the 501(c)(3) bnd authrizatin granted in 2008 by an additinal $6 millin. The additinal bnd prceeds may be used fr either permanent supprtive husing r fr acquisitin and/r rehab f freclsed r vacant prperties and rented t lw and mderate incme husehlds. The 501(c)(3) Bnd funds will be administered thrugh HTF rules. In 2012, the Minnesta Legislature apprpriated $30 millin in Husing Infrastructure Bnds (frmerly knwn as 501(c)(3) bnds) t finance, amng ther uses, cnstructin r acquisitin and rehabilitatin f supprtive husing. Supprtive Husing financed with Husing Infrastructure Bnd prceeds were guided by the Husing Trust Fund rules and guide, with ther authrized uses guided by the Ecnmic Develpment and Husing Challenge rules and guide. In 2014 the Minnesta Legislature apprpriated $80 millin in Husing Infrastructure Bnds (HIB) t finance the acquisitin, rehabilitatin, stabilizatin, r cnstructin f affrdable husing. The Husing Infrastructure Bnd prceeds fr supprtive husing develpments are guided by the HTF rules. Other authrized uses will be guided by the Ecnmic Develpment and Husing Challenge rules and guide. 1

6 Chapter 1 - Eligibility 1.01 Owner/Spnsr All applicants must have the authrity t enter int the lan r grant agreement required by Minnesta Husing and shuld have experience in perating husing and/r administering husing prgrams fr lw and mderate incme persns and families. Applicants are subject t Minnesta Husing s mrtgage credit review including assets, liquidity, length f time in peratin and previus experience t assure that the spnsr has the ability t cver any revenue shrtages. Eligible applicants fr capital HTF and/r ELHIF lans include: A nn-prfit rganizatin, as defined in Minnesta Statutes sectin 462A.03, subdivisin 22; A fr-prfit rganizatin; A limited dividend entity, as defined in Minnesta Rules part , subpart 14; A cperative husing crpratin, as defined in Minnesta Rules part , subpart 8; A city, as defined in Minnesta Statutes sectin 462A.03, subdivisin 21; A jint pwers bard established by tw r mre cities; A public husing agency; An Indian tribe r tribal husing crpratin; r A natural persn. Eligible applicants fr capital 501(c)(3) lans include: A nn-prfit, tax-exempt rganizatin as defined under Sectin 501(c)(3) f the Internal Revenue Cde; A gvernmental entity (excluding the federal gvernment); r An Indian tribe r tribal husing crpratin. Eligible applicants fr Husing Infrastructure Bnd prceeds lans include: A nn-prfit, tax-exempt rganizatin as defined under Sectin 501(c)(3) f the Internal Revenue Cde; A gvernmental entity (excluding the federal gvernment); An Indian tribe r tribal husing crpratin; r A fr-prfit entity 2

7 1.02 Use and Level f Funding Eligible Uses f Funds. The prpsed rental husing develpment must cnsist f living accmmdatins fr persns and families. Nursing hmes, bard and care facilities, and supervised living facilities licensed by the Department f Health r a delegated lcal department f health, r prperties where all residents require an individual 24-hur plan fr supervisin, medical, r health care are ineligible husing develpments. The prpsed rental husing must be fr persns and families whse grss incmes, at the time f initial ccupancy, d nt exceed prgram incme limits as described in sectin The prpsed rental husing develpment must cnsist f a minimum f fur rental husing units. The use restrictins listed abve must remain in effect fr a minimum f 15 years. The prpsed rental husing must be marketed fr general ccupancy and families, except fr thse units specifically deemed t serve husehlds experiencing lng-term hmelessness. Temprary and transitinal husing as defined by the U.S. Department f Husing and Urban Develpment (HUD) may be funded by HTF. 100% f the prpsed rental husing with supprt services financed with ELHIF must prvide permanent supprtive husing pprtunities fr husehlds experiencing lng-term hmelessness, as defined in sectin (c)(3) bnd prceeds can be used t finance the cst f cnstructin, acquisitin, preservatin and rehabilitatin f permanent supprtive husing fr lng-term hmeless husehlds. This means individuals and families wh: 1) either have been withut a permanent residence fr at least 12 mnths r at least fur times in the last three years; r 2) are at significant risk f lacking a permanent residence fr 12 mnths r at least fur times in the last three years. Husing Infrastructure Bnd prceeds can be used fr the cst f cnstructin, acquisitin, preservatin and rehabilitatin f supprtive husing. Amng cmparable prpsals fr permanent supprtive husing, preference will be given t supprtive husing fr individuals and families wh either: 1) have been withut a permanent residence fr at least 12 mnths r at least fur times in the last three years, r 2) are at significant risk f lacking a permanent residence fr 12 mnths r at least fur times in the last three years. Level f Funding. Minnesta Husing determines HTF capital, ELHIF, 501(c)(3) and/r Husing Infrastructure Bnd prceeds lan amunts by reviewing cst reasnableness n a per-unit and ttal develpment cst basis. Funding fr general imprvements t an existing prperty (such as rf, heating system, r siding) will be determined based upn a percentage f Assisted Units. Minnesta Husing will analyze the develpment s prpsed capital and perating csts t determine the verall financial feasibility f the prpsal. Minnesta Husing staff may make underwriting adjustments t reflect Minnesta Husing s standards r market trends. Please refer t Minnesta Husing s Multifamily Underwriting Guidelines fr further infrmatin. 3

8 Husing Related Space. HTF, ELHIF, 501(c)(3) and/r Husing Infrastructure Bnd prceeds funded husing develpments may include husing-related space such as cmmunity, administrative, r prgram space. Minnesta Husing will take int cnsideratin the fllwing factrs when determining the amunt f husing-related space that will be funded: The extent t which the prpsed use f the space fits with the service needs f the tenants f the husing develpment and des nt expse the tenants t security risks r the develpment t financial risk; The ease with which the space is cnvertible t residential space; The capacity f the applicant r any partner rganizatin t perate and manage the space; Whether similar services r facilities that are apprpriate fr the tenants f the husing develpment are lcated nearby; Whether the space will be used exclusively by tenants f the husing develpment; and The availability f ther funding fr the cnstructin and/r rehabilitatin f space as well as peratin and maintenance. Activity Type Rehabilitatin. In the rehabilitatin f existing rental husing, develpments are eligible fr funding when they are: Fully assisted develpments, meaning 100% units in the develpment meet HTF incme and affrdability requirements; r Partially assisted develpments, meaning there is a mix f incme and affrdability levels and nly a prtin f the ttal units meet HTF incme and affrdability requirements. In a partially assisted develpment, nly the units that meet the incme, ccupancy and affrdability requirements f the HTF will be funded with these Minnesta Husing funds. The level f funding will be prrated based n the number f Assisted Units and level f amenities f the Assisted Units cmpared t that f nn-assisted Units. Activity Type New Cnstructin. Fr new cnstructin develpments, bth partially and fully assisted develpments (as defined abve) are eligible fr funding. In rural areas, new cnstructin will be allwed within areas f cmmuting distance f the ecnmic grwth area. City sewer and water is required fr all new cnstructin prpsals unless therwise apprved by Minnesta Husing. Minnesta Husing will review the availability f existing city sewer and water lines t the develpment withut substantial extensins. Fr all new cnstructin prpsals, sufficient supprting dcumentatin must be submitted frm the lcal gvernment r ther surces, such as husing and redevelpment authrity studies, independent market studies, and, in the seven-cunty metrplitan area, negtiated husing gals with the Metrplitan Cuncil demnstrating the need fr cnstructin f new rental husing units Design and Cnstructin Review HTF, ELHIF, 501(c)(3) and/r Husing Infrastructure Bnd prceeds lans are intended t prvide affrdable husing ver the lng term (i.e., 30 years), therefre, prpsals fr acquisitin and rehabilitatin f existing rental husing must be imprved beynd a decent, safe and sanitary cnditin. 4

9 Refer t the Multifamily Cnslidated Request fr Prpsal Guide and the Multifamily Design Standards fr General Occupancy Rental Husing Guide fr mre infrmatin Incme and Occupancy Requirements Incme Limits. Units assisted with HTF, ELHIF, 501(c)(3) and/r Husing Infrastructure Bnd prceeds must be ccupied by husehlds whse incme at the time f initial ccupancy des nt exceed 60% f the metrplitan area median incme fr a family f fur as determined by HUD and adjusted fr families f five r mre. The metrplitan area is defined as the area ver which the Metrplitan Cuncil has jurisdictin, including nly the cunties f Anka, Carver, Dakta (excluding the city f Nrthfield), Hennepin (excluding the city f Hanver), Ramsey, Sctt (excluding the city f New Prague), and Washingtn. Funding pririty will be given t prpsals that will serve husehlds whse incme at the time f initial ccupancy des nt exceed 30% f the metrplitan area median incme fr a family f fur as determined by HUD and adjusted fr families f five r mre. The HUD metrplitan area median incme limits are applied statewide. A husehld with Sectin 8 prject-based r vucher assistance is deemed t meet these incme requirements. In additin, Minnesta Husing requires incme restrictins cnsistent with thse specified in the wner s applicatin, prvided that they are nt higher than the statutry incme limits. There are n incme limits fr nn-assisted units in a mixed incme develpment, unless dictated by anther surce f funding. Fr acquisitin and/r rehabilitatin, the brrwer will be required t cntact each husehld prir t mrtgage cmmitment and have them disclse their incme n a tenant incme verificatin frm. Minnesta Husing will review the incme verificatins t verify the number f Assisted Units. Lng-Term Hmelessness Occupancy Requirements. The prpsed husing develpment must cnsist f permanent supprtive husing fr husehlds experiencing lng-term hmelessness, as defined belw. The husing must prvide r crdinate with linkages t services necessary fr residents t maintain husing stability. Permanent supprtive husing: Defined as permanent rental husing affrdable t the ppulatin served, where supprt services are available t residents. Permanent supprtive husing is available t individuals and families with multiple barriers t btaining and maintaining husing, including thse wh are lng-term hmeless, frmerly hmeless r at risk f hmelessness and thse with mental illness, substance abuse disrders, and/r HIV/AIDS. Husehlds experiencing lng-term hmelessness: Includes individuals, unaccmpanied yuth, and families with children lacking a permanent place t live cntinuusly fr a year r mre, r at least fur times in the past three years. Any perid f institutinalizatin r incarceratin is excluded when determining the length f time a husehld has been hmeless. Refer t Minnesta Husing s website fr additinal clarificatin n the lng-term hmelessness definitin: Lng-Term Hmelessness Definitins and Characteristics. Husehlds at significant risk f lng-term hmelessness: Includes 1) husehlds that are hmeless r recently hmeless with members wh have been previusly hmeless fr extended perids f time and are faced with a situatin r set f circumstances likely t cause the husehld t becme hmeless in the near future, and (2) previusly hmeless persns wh will 5

10 be discharged frm crrectinal, medical, mental health r treatment centers wh lack sufficient resurces t pay fr husing and d nt have a permanent place t live. Once established and peratinal, all referrals are expected t cme directly frm the Cntinuum f Care s Crdinated Entry System. Cmpliance. The incme and ccupancy requirements will be mnitred by Minnesta Husing fr the length f the lan. Husehld incmes fr all assisted units will be reviewed fr cmpliance by Minnesta Husing thrugh the review and analysis f varius frms and frmats acceptable t Minnesta Husing. As Assisted Units becme vacant, incmes f new husehlds ccupying the Assisted Units will be verified and analyzed and reprted t Minnesta Husing n an annual basis. Husehlds need nly qualify at the time f initial ccupancy and d nt need t be re-certified thereafter. 6

11 Chapter 2 General Characteristics HTF, ELHIF, 501(c)(3) and Husing Infrastructure Bnd Prceeds Funding Minnesta Husing underwriting parameters fr all develpments will include analysis f financial feasibility, develpment csts, and review f management, marketability, and architectural requirements. If there is n amrtized debt, Minnesta Husing will assume the first mrtgage psitin. Where first mrtgage financing is being prvided, additinal requirements will be based upn the level f assistance requested. Maintenance and Operating Budget. Minnesta Husing will review infrmatin n cmparable prperties t prject lng term perating csts and ensure the lng term financial viability f the develpment. Fr mre infrmatin, please see the Minnesta Husing Multifamily Underwriting Guidelines. Prperty Management. Minnesta Husing recgnizes that quality prperty management is necessary fr the lng term success f multifamily rental husing. Fr that reasn, Minnesta Husing, in its evaluatin f the wner's r management agent's qualificatins, will cnsider all previus management experience. Management staff will cnduct an n-site physical assessment f prperties currently managed and the wner and/r agent must als cmplete a Minnesta Husing Managing and Marketing Agents Qualificatins applicatin, which can be fund at the Develpment Team Qualificatin Frm Instructins page. Credit Wrthiness f Brrwer. Minnesta Husing will evaluate the brrwer's financial acceptability, cnsiders assets, liquidity, length f time in peratin, and previus husing experience Funding Terms Minnesta Husing will award HTF, ELHIF, 501(c)(3) and Husing Infrastructure Bnd prceeds under the fllwing terms: Lans: In mst situatins, capital funds are issued as a lan. HTF, ELHIF, and HIB lans are prvided as 0% deferred r amrtizing lans t be repaid at the end f the 30-year term. Fr HIB prceeds lans, at Minnesta Husing s sle discretin, the lan dcuments may als prvide that the lan is t be frgiven at the end f the lan term. 501(c)(3) bnds prceeds lans will be issued as deferred, 30-year lans that are frgivable at the end f the lan term. The lan term may be adjusted based n requirements and cnditins f ther funding surces related the lan term, r the existence f a leasehld mrtgage. The interest rate may be adjusted t allw crdinatin with ther surces f funding such as husing tax credits. Lans will be full recurse, hwever, nn-recurse may be cnsidered n a case-by-case basis. Grants: In unique situatins, the capital funds may be awarded as a grant. Grant terms will be 30 years, except that the term may be adjusted as utlined in paragraph 1, abve. The grant will be frgiven at the end f the 30-year term, unless adjusted as utlined abve; hwever, the full amunt must be repaid in the event that the terms f the grant agreement are nt met. 7

12 2.02 Transfers f Ownership/Prepayment Transfers f Ownership. The mrtgage lan r grant may be assumed cntingent upn: Minnesta Husing review and apprval f the prpsed wnership entity; Prpsed wnership entity agrees t assume all cntractual bligatins with Minnesta Husing; Payment, by the riginal brrwer, f a prcessing fee equal t the greater f ½ f 1% f the utstanding mrtgage amunt r $1,500; which is an amunt equal t the apprximate administrative csts incurred by Minnesta Husing in prcessing the sale r assumptin. The prcessing fees fr the sale r assumptin f the mrtgage d nt apply t mrtgages dated prir t January 1, Transfers f 501(c)(3) and Husing Infrastructure Bnd prceeds lans will be apprved nly t eligible entities as defined in 2.01, as apprpriate Repayment. The mrtgage may be repaid in full at anytime; hwever, the rent, incme and ccupancy restrictins will remain in place fr a minimum f 15 years and a maximum f 30 years. Minnesta Husing will charge a repayment prcessing fee in the amunt f $250 fr each mrtgage being repaid. The repayment prcessing fee des nt apply t mrtgages dated prir t January 1, Management and Operatin Management and Operating Budget. The budget submitted in the applicatin will be reviewed and cmpared t budgets f cmparable Minnesta Husing financed develpments. Minnesta Husing cmparables will be used in the underwriting f the lan and used t prject lng-term perating csts that will prtect the lng-term investment being made by the wner. Minnesta Husing reserves the right t reject r adjust the perating and maintenance figures based upn the infrmatin supplied, specific develpment type, circumstances and/r significant changes t the ecnmics f the develpment s current market place. Utilizatin f Units. All units must be rented t family sizes apprpriate t the unit size with a rati f at least ne persn per bedrm. If during the curse f tenancy a family size changes, a husehld may submit a written request t the management agent t transfer t anther unit r be placed n a waiting list fr such transfer. In the event f a decrease in family size, the husehld may be required t mve int the next available suitably sized smaller unit. Marketing. Owner/Agent must demnstrate that they have established netwrks and linkages with city and cunty supprtive service rganizatins that will be necessary fr residents t maintain husing stability. Supprtive Husing Dcumentatin. The wner must submit a management plan, a supprtive service budget, a supprtive services plan, Memrandum f Understanding (MOU), and any ther dcumentatin deemed necessary fr Minnesta Husing staff review and apprval Mnitring and Reprting Requirements 501(c)(3) Lans. Minnesta Husing actively mnitrs each develpment it finances. Mnitring activities include tenant incmes, rents, affirmative actin, equal pprtunity requirements, and year- 8

13 end perating reprts. In additin t the fllwing stated requirements, recipients f 501(c)(3) lans must submit mnthly perating reprts, annual Minnesta Husing apprved perating budgets, prperty financials and are subject t peridic management reviews and physical inspectins. Minnesta Husing will mnitr tenant incmes, rents, affirmative actin and equal pprtunity requirements fr 501(c)(3) lan mrtgagees. The fllwing frms can be fund n Minnesta Husing s website fr the mst current versin t use: Initial Occupancy Statement Frm: This frm is t be cmpleted fr each new tenant at the time f initial ccupancy, t ensure that as the assisted units becme vacant, they are leased t qualified husehlds. This frm must be maintained in the tenant s file. Characteristics f Tenant Husehlds Frm: This frm must be cmpleted annually, and submitted t Minnesta Husing. The frm prvides Minnesta Husing infrmatin n the demgraphics f the husehlds that ccupy the assisted units. Data Practices Act Disclsure Statement Frm: This frm is required fr each husehld that ccupies an Assisted Unit. This infrmatin is necessary fr the administratin and management f State r Federal prgrams that prvide husing fr lw and mderate-incme families. This frm must be maintained in the tenant s file. Reprting requirements fr wners f develpments that prvide permanent supprtive husing pprtunities fr husehlds experiencing lng-term hmelessness (LTH) are as fllws: Prpsed Operating Budget: Within 60 days prir t the end f the develpment s fiscal year: A prpsed schedule fr rental rates n Minnesta Husing s Budget Reprting frm. A prpsed Operating Budget fr the next fiscal year n Minnesta Husing s Budget Reprting frm. Year End Reprt: On February 15 f every year: A year-end perating statement f incme and expenses fr the peratin f the develpment during the past fiscal year, prepared n Minnesta Husing s 258 Operating Reprt frm. Lng Term Hmelessness Verificatin Frm: The wner must ensure that a lng-term hmelessness (LTH) verificatin frm r a self-certificatin frm is cmpleted prir t the initial time f ccupancy fr husehlds that meet the state s definitin f lng-term hmelessness. The frm must be maintained in the tenant s file fr at least three years after the tenant vacates. The fllwing frms are lcated n Minnesta Husing s website at: 2FPage%2FEXTStandardLayut Lng Term Hmelessness Verificatin Frm: This frm shuld generally be cmpleted by the referring agency r service prvider and serves as verificatin that the individual, family r unaccmpanied yuth meets the LTH definitin. Self Certificatin f Lng Term Hmelessness Verificatin Frm: This frm shuld generally be cmpleted by the tenant in cases in which the referring agency r service prvider is unable t btain verificatin f the lng-term hmelessness status, but is reasnably sure that the husehld has experienced lng-term hmelessness. 9

14 Hmeless Management Infrmatin System (HMIS): The Owner must utilize HMIS and ensure that the required infrmatin is cllected and entered n behalf f eligible husehlds that ccupy LTH assisted units. It is imprtant that the HMIS system is utilized in cmpliance with Minnesta Husing s and Wilder s requirements. Quarterly and annual HMIS reprts will be prvided t Minnesta Husing. Mre infrmatin n HMIS can be fund at: Supprtive Husing Assessment Reprt: The Owner must cmplete an annual supprtive husing assessment reprt. Minnesta Husing will send this frm t wners annually. Husing Infrastructure Bnd Lans. Mnitring activities may include, at Agency discretin, verificatin f tenant incmes, rents, affirmative actin, equal pprtunity requirements, financial reprts, HMIS data, and financial summary, cmpilatin, r audit infrmatin. In additin, develpments financed by Minnesta Husing are subject t peridic management reviews and physical inspectins. 10

15 Chapter 3 Cntract Cmpliance Plan 3.01 Plicy It is the plicy f Minnesta Husing t take affirmative actin t prvide equal pprtunity in all f ur prjects, prgrams, and ther endeavrs. Minnesta Husing s gal is t achieve a client and recipient mix that is representative f the peple wh live in ur state and ur cmmunities s that all emplyment and cntractual benefits that develp as a result f ur prgrams will be shared by all Minnestans. This plicy applies t all Minnesta Husing emplyees and utside parties with whm Minnesta Husing des business Purpse The purpse f the Cntract Cmpliance Plan is t make Minnesta Husing s cmmitment t act affirmatively t achieve equal pprtunity in all facets f its peratin clear t bth Minnesta Husing emplyees and utside parties with whm Minnesta Husing des business Gals Minnesta Husing s gal is t ensure minrity and female cntractrs and subcntractrs equal access t business pprtunities n Minnesta Husing financed develpments and t encurage the presence f minrities and wmen at all levels, n the staffs f the prgram participants having cntractual agreements with Minnesta Husing. Minnesta Husing s gal is t ensure that the wrkfrces n the develpments and prgrams we finance reflect demgraphically the area in which they are lcated. Minnesta Husing s gal is t ensure equal business pprtunity t minrity and female cntractrs and subcntractrs n the develpments we finance and equal emplyment pprtunity in the wrkfrces f the firms with whm we sign cntractual agreements, in which a cntractr cmmits t meet Minnesta Husing s emplyment and business gals. These gals will apply fr the length f the cntract r the term f Minnesta Husing s lan agreements. Minnesta Husing, at its discretin, may set numerical r percentage gals dependent n the lcatin and size f a given prject. Current gals will be determined by staff based n the lcatin f the prject Requirements Minnesta Husing is required t cmply with all applicable state, federal and lcal laws. These requirements are passed n t everyne we d business with, either by cntractual agreement r as a Minnesta Husing plicy Sanctins Minnesta Husing has the cntractual authrity t demand full payment f any lan r grant, stp prceeding with any prject at any stage, and cease t d business with any entity r individual that fails t fllw ur affirmative actin plicies r fails t meet its/his/her cntractual equal pprtunity bligatins Equal Opprtunity Laws/Rules The peratins f Minnesta Husing are regulated by Equal Opprtunity Laws and Rules, including, but nt limited t, the fllwing as may be amended: Executive Order (Affirmative Actin Requirements, Federal and federally derived Cntracts) 11

16 Executive Order (Minrity Business Enterprises) The Civil Rights Act f 1964 (Title VII) Equal Emplyment Act f 1972 The Americans with Disability Act f 1990 Sectin 504 f the Rehabilitatin Act f 1973 as amended Minnesta Human Rights Act (Sectin 363A.36) Fair Husing Amendments Act f

17 Chapter 4 Minnesta Husing s Fair Husing Plicy It is the plicy f Minnesta Husing t affirmatively further fair husing in all its prgrams s that individuals f similar incme levels have equal access t Minnesta Husing prgrams, regardless f race, clr, creed, religin, natinal rigin, sex, marital status, status with regard t public assistance, disability, family status, r sexual rientatin. Minnesta Husing s fair husing plicy incrprates the affirmative fair husing marketing practices addressed in Title VIII f the Civil Rights Act f 1968 as amended by the Fair Husing Amendment Act f 1988, which state that it is unlawful t discriminate in the sale, rental, and financing f husing based n race, clr, religin, sex, handicap, familial status r natinal rigin; as well as the fair husing prtectins prvided by the Minnesta Human Rights Act, which adds creed, marital status, status with regard t public husing, and sexual rientatin. In part, regarding rental husing issues, Title VIII and the Human Rights Act makes it unlawful t: (i) discriminate in the selectin/acceptance f applicants in rental f husing units; (ii) discriminate in terms, cnditins r privileges f rental f a dwelling unit; (iii) engage in any cnduct relating t the prvisin f husing which therwise make unavailable r denies rental f a dwelling unit; (iv) make r publish (r have anyne else make r publish) advertisements that indicate preferences r limitatins based n race, etc.; (v) tell a persn that because f race, etc., a dwelling unit is nt available when it is; and (vi) deny access t, r membership r participatin in, assciatins r ther services rganizatin r facility relating t the business f renting a dwelling r discriminate in the terms r cnditins r membership r participatin. Minnesta Husing has a cmmitment t affirmatively further fair husing fr members f the disabled cmmunities by prmting the accessibility requirements set ut in the Fair Husing Amendment Act f 1988, which establish design and cnstructin mandates; and prvide fr the residents right t make reasnable accmmdatins, under certain cnditins (applicable t cvered multifamily dwellings: buildings cnsisting f 4 r mre units if such buildings have ne r mre elevatrs; and grund flr dwelling units in ther buildings cnsisting f 4 r mre dwelling units). All Minnesta Husing prgrams require wners t market affirmatively, using specific steps geared t the particular prgram. These steps include: Outreach t all grups prtected by the Civil Rights Act f 1968, amended in 1988, and thse prtected by the Minnesta Human Rights Act; Affirmative marketing strategy that reaches prtected grups; Self-analysis t make sure all steps are nn-discriminatry; and Upn request by Minnesta Husing, the submissin f reprts and dcuments that cnfirm the wner s fair husing effrts. Participants will be expected t use affirmative fair husing marketing practices in sliciting renters, determining eligibility, and cncluding all transactins. 13

18 Chapter 5 Allcatin f Funds Funding is available n a statewide basis and is made available thrugh Minnesta Husing's Multifamily RFP that prvides a means f ne-stp shpping by cnslidating and crdinating multiple prgrams int ne RFP. Applicatins may be submitted n a pipeline basis subject t the requirements utlined in the Cnslidated Request fr Prpsal Guide. Minnesta Husing will review all prpsals submitted, and will attempt t make the best and mst apprpriate funding chices fr each develpment selected. 14

19 Chapter 6 Prgram Cntact Fr questins cncerning the use f 501(c)(3) r Husing Infrastructure Bnds, cntact Anne Heitlinger at r the Husing Develpment Officer identified in yur selectin letter. Fr questins cncerning the Husing Trust Fund and the Ending Lng term Hmelessness Initiative fund, cntact Jel Salzer at r the Husing Develpment Officer identified in yur selectin letter. 15