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Item 13 - Amendment to Affordable Housing Rehab & CDBG AGE~DA REPORT Snl~l-illY TO: INITIATED BY: Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency James L, Bowersox, City Manager/Executive Dir~ ~,~ John D, Fitch, Assistant City Manager/Assistant Executive Director Warren H. Shafer, Director of Redevelopment service~~ David Narevsky, Redevelopment Manager D~ Kris Gridley, Redevelopment Coordinator~ June 4, 1996 FROM: DATE: SUBJECf: Amendment to the Affordable Housing Rehabilitation and Community Development Block Grant (CDBG) Housing Rehabilitation Program Guidelines to Establish Criteria for Loan Subordinations ABSTRACf This report discusses a proposed amendment to the Affordable Housing Rehabilitation and the CDBG Housing Rehabilitation Program Guidelines, The proposed amendment would establish criteria for the approval of loan subordination agreements. ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACf None. PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the proposed amendments to the Affordable Housing Rehabilitation Program and CDBG Housing Rehabilitation Program Guidelines, as presented in Attachments 1 and 2, and approve the proposed subordination notes, as presented in Attachments 3 and 4. ACnON 1 of 12 JUN 4 1996 ITEII 13 ~ AGENDA REPORT CITY OF POW A Y This report!s :ncluded on the Consent Calendar. There will be no separate disCUSSion of the report. prlor'o apprc\'ai bv 'he City (ouneo! unless members of the Council. staff or public request it to be removed from ~he Conse'lt Calendar dnd discussed separatel" if you 'w'!sh to have thIS report pulled for diSCUSSion. please fill out a ,;lip Indicating the report _lumDer dnd give It ~o the 0.... Cerk prior to the beginning of the City CounCIl meeting. TO: FROM: INITIATED BY: John D. Fitch, Assistant City Director Warren H. Shafer, Director of Redevelolm~nt David Narevsky, Redevelopment Manager ~ Kris Gridley, Redevelopment Coordinator ~ Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Redevelopment Agency James L, Bowersox, City Manager/Executive Dire~ -' Manager/Assistant Executive' Servi ces'^'~ IDN DATE: SUBJECT: June 4, 1996 Amendment to the Affordable Housing Rehabilitation and Community Development Block Grant (CDBG) Housing Rehabilitation Guidelines to Establish Criteria for Loan Subordinations BACKGROUND The existing Program Guidelines for the Agency's Housing Rehabilitation Programs do not provide any criteria by which to evaluate requests for loan subordination. They simply state that the Agency/City will not subordinate their position to a new loan at any time. In view of the recent fluctuations in interest rates, it is not surprising that the Agency has received numerous requests to sign loan subordination agreements from homeowners who wish to refinance. Staff has approved some of these requests for homeowners who were refinancing their existing first mortgages without incurring any additional debt, These requests were approved based on the fact that they lowered or stabilized the homeowner's housing cost and did nothing to jeopardize the Agency's financial interest in the property. Other requests, however, have been more difficult to evaluate and have highlighted the need for adoption of consistent guidelines. The Redevelopment and Housing Advisory Committee reviewed the proposed subordination criteria at their meeting on March 11, 1996. Several changes were recommended by the Committee and the attached guidelines have been revised to incorporate those changes. ACTION: l )) JUN 4 1996 ITEM 18 2 of 12 . Agenda Report June 4, 1996 Page 2 FINDINGS The Agency's existing Affordable Housing Rehabilitation and CDBG Housing Rehabilitation Program Guidelines have been reviewed and revised to incorporate the proposed criteria for approval of Loan Subordination requests, Thepf9posed revisions are presented in Attachments 1 and 2 in a strilleellt l',dJjll~ format. It should be noted that there are two sets of draft guidelines attached to this report. The two sets of guidelines correspond to the Agency's two Housing Rehabilitation Programs, one of which is funded by the Redevelopment Agency Low and Moderate Income Housing Fund and the other which is funded by the Federal Community Development Block Grant (CDBG) Program. The proposed criteria can be summarized as follows: 1. The Agency/City will approve loan subordination agreements which do not place any additional encumbrance in a senior position to the Agency's lien. 2. The Agency/City will approve subordination agreements for homeowners who are refinancing existing debt, plus financing costs, in order to lower or stabilize their overall housing cost. Allowable refinancing costs may include points, fees and impound charges, however the total of additional charges to which the Agency/City subordinates may not exceed four percent of the new loan amount, 3. The Agency/City may approve subordination agreements which place additional debt in a senior position to the Agency's lien if the homeowner can demonstrate that the subordination is necessary due to an emergency situation, which may include the following: a. Refinancing in order to pay uninsured and unpredictable medical costs for an immediate family member or dependent. b. Refi nanci ng in order to pay funeral costs for an immedi ate fami 1 y member or dependent. c. Refinancing which is necessary to avoid foreclosure action against the property, provided that the subordination agreement is deemed to be a part of a long term solution which will enable the homeowners to remain in housing that is affordable to them. The Agency/City may approve requests for subordination in the foregoing emergency situations, and in any other situation deemed to be an emergency by the Executive Director or his/her designee, provided that there is sufficient equity to protect the Agency/City investment. Sufficient equity is defined as a maximum loan to value ratio of 90%, based on a current appraisal. 3 of 12 JUN 4 1996 ITEM 18 Agenda Report June 4, 1996 Page 3 4. For the Affordable Housing Rehabilitation Program there is one additional requirement. The Agency will not approve any subordination agreement which allows the homeowner's total housing cost to increase such that it exceeds the maximum affordable housing cost as defined by California Redevelopment Law. In order to ensure that homeowners are aware of the subordination policy when they sign their loan documents, they will be asked to review and sign a subordination note at the loan closing. Draft subordination notes are provided in Attachments 3 and 4. Existing loan recipients will receive a letter to notify them of the new subordination policy, if approved by the City Council/Redevelopment Agency ENVIRONMENTAL REVIEW This action is not subject to CEQA review. FISCAL IMPACT None. PUBLIC NOTIFICATION AND CORRESPONDENCE None. RECOMMENDATION It is recommended that the City Council/Redevelopment Agency approve the proposed amendments to the Affordable Housing Rehabilitation Program and CDBG Housing Rehabilitation Program Guidelines, as presented in Attachments 1 and 2, and approve the proposed subordination notes, as presented in Attachments 3 and 4. Attachments: 1. Proposed Amendment to the Affordable Housing Rehabilitation Program Guidelines 2. Proposed Amendment to the CDBG Housing Rehabilitation Guidelines 3. Proposed Affordable Housing Rehabilitation Program Subordination Note 4. Proposed CDBG Housing Rehabilitation Program Subordination Note JUN 4 1996 ITEM 18 4 of 12 Attachment 1 (excerpt. Affordable Housing Rehabilitation Program) years the loan will be forgiven, on a pro-rata basis, at a rate of 10% for each year of residency, A Deed of Trust (or lien agreement for a mobile home) securing payment shall be recorded on the housing unit. D. Loan Repayment - Loan repayment is to be made to the poway Redevelopment Agency at such time as the property is leased, sold or transferred to a new owner (unless the new owner meets the low- to moderate-income household requirement and assumes the balance of the loan obligation) or the unit or the mobile home unit is moved outside the City limits, The ReaeveloJ'lA'leRt AgeAey will Rot suboretiRate itG iRterest at aAr time. Only one loan will be permitted per each property, E. Excess Loan Program - Under certain warranted circumstances, as directed by the Executive Director of the Redevelopment Agency, or his/her designee, the $10,000 loan limit per participant could be exceeded, At no time, however, shall the loan amount exceed 25% of the property's value, For very low and low income residents, the additional amount approved above the $10,000 basic program limit will be offered in the form of a deferred loan with a total balance due upon sale or transfer of the property, None of the "excess" loan balance would be forgiven, In no event would a "substantial" rehabilitation be undertaken through this program without the recordation of affordability covenants (deed restrictions) against the property, pursuant to State Law, , For median and moderate income residents, the "excess" loan would be offered a simple interest rate of three percent (3%), fully amortized over a period not to exceed 15 years, F~~~~~!;I@QflPJril~TIqN -= 1 5 of 12 JUN 4 1996 ITEM 1 8 emergency situations. The foOowing circumstances and situations may provide the basis to approve a loan subordination agreement which will further encumber the property: 1. Refinancing of existing debt in order to lower or stabilize overall housing cost In this circumstance certain refinancing costs Qncludlng points, fees and impound charges) may be added to existing debt, provided they do not exceed fOUt' percent of the new loan amount. 2. Aefinaocing which homeowners can demonstrate is necessary due to an emergency or crisis situation Includirlg but not ftmited to the following: a. Refinancing in order to pay uninsured and unpredictable medical costs for an immediate family member or de . dent pen b: . Refinancing in order to pay funeral costs for an immediate family member or dependent. C,. .' Refinancing which is necessary to avoid foreclosure action agalnst the property, provided that the subordination agreement is deemed to be a part ofe long term solution whlehwill' enable the homeowners to remain in housing that is affordable tQ them. . """""'''''''''''''''''''''''''''''''''''''','''-''',''',''',-' ,-, '-,',",' , " '" .,-,.,_.,-,-,',......,_.,_._.,-,'-'...","'".,._'......',"-"'-"'-"""'-- "'-'--'-'- The.A~'mayapprove requests for suborcllnatlon in the foregomg ernergency situations, and in any athersltuation deemed to be<aneroergencYby the Executive Director Of his/her BilE.~~-il Qn'fl;cUri'$!'I1.mark8t value appraisal. 3: ............~t=~;e=~~ho~:%~r~o~~=::~=~~~:a~nt ex~atl'l8 maxiinum affordable hOiJ(f . costas defined b the $.~9f~nraH$~lth and Safety c6:e: .. y 4; ............:i~~=:~=~~a~o;~e~~::e~:=~~i:~ : the. Ag$t\Cy'sAffordabl& Housing RehabilitatiOn LQans; 2 JUN 4 1996 ITEM 18 6 of 12 .. Attachment 2 (excerpt - COBG Housing Rehabilitation Program) C. Loan - Deed of Trust - If the owner-occupant remains in the housing unit for a period of 10 years, the loan will be forgiven ten percent (10%) for each year of residency. If the owner-occupant remains in the home for less than 10 years the loan will be forgiven, on a pro-rata basis, at a rate of 10% for each year of residency. A Deed of Trust (or lien agreement for a mobile home) securing payment shall be recorded on the housing unit. D. Loan Repayment - Loan repayment is to be made to the City of Poway at such time as the property is leased, sold or transferred to a new owner (unless the new owner meets the low-income household requirement and assumes the balance of the loan obligation) or the unit or the mobile home unit is moved outside the City limits, The City will Rot sl;lserelinate its iAterest at aAY tiFRe. Only one loan will be permitted per each property. f:~. .... .. ..... -';OA,. SUBORDiNAtiON It ilt the general P<:ll((:y olthe City of paway that r~$t$ for subordination of COBG Housing ReliabmtatiOnLoans may be appn~~; provided that subOrdination ag~ement$ do not place any ac:lditional encumbranCe in a senior ~~i~:'~':t~~~~::~~~~~~o:b~~~.~~::~lC sitUations may .pr()Videthe baSis to approve a loan' subordination agreement WI:lich ~R~eJ'!(li.Imper the property: . 1, ..... ~~~~~~~=~~==:~~~~~~:jng fi andlm~~l" . . . dedto.XlSti deb vided t=d(j.~~,*~bJ(pe~=::~f;"~lJ~..t.pro . 2~>.......... =~C~~==~ii~~aZB~:n~an .ii~.~=~~f.:%i~n=~t:d~~~=~le medical b;==::er::P8yftJ.netal~!rtsfOran mlT\Eldiate fainily o.A~~WhiChi$neci)$$aryto avoid f~sUl'eadion against theproPe\1Y; provided th~tfieSubOrdination agreement is 1 JUN 4 1996 ITEM 18 7 of 12 deemed to be a part of a long term solution which will enable the homeowners to remain in housing that is affordable to them. The City may approve requests for subordination in the foregoing emergency situations, and in any other situation deemed to be an emergency by the City Manager or his/her designee, provided that there is sufficient equity to protect the City's investment For the purposes of this section "sufficient equity" is defined as a maximum loan to value ratio of 90%, based on a cutrent market value appraisal. 3. The City Manager or his/her designee, shaD evaluate all requests for sUbordination of COBG Housing Rehabilitation loai1s~ IV. ELIGIBLE APPLICANT Assistance shall be available only to persons who: 1 , Are the legal age and have capacity to competently enter into financial and contractual agreements. IV, ELIGIBLE APPLICANT Assistance from the CDBG Housing Rehabilitation Program shall be available oniy to persons who: 1, Are the legal age and have capacity to competently enter into financial and contractual agreements, 2, Reside in and own the property and possess proof of ownership such as a State of California, HCD Certificate of Title (mobilehomes) or a grant deed (real property) located in the City of Poway, 3, Have income that does not exceed 80% of the area median income, adjusted by family size, as determined the U,S, Department of HUD, 4. Agree to comply with any and all applicable permit, code and other regulations of the City, 2 8 of 12 JUN 4 1996 ITEM 1 8 ,; Attachment 3 SUBORDINATION NOTE ,199_ l(We), the undersigned participant(s) of the poway Redevelopment Agency's Affordable Housing Rehabilitation Program, have reviewed and understand the following Subordination Policy: The Poway Redevelopment Agency has elected to provide rehabilitation financing to eligible households that meet income and affordability requirements. The subsidy is available as a deferred forgiving loan to enable the eligible household to correct code and health and safety items while assuring that no additional debt service is incurred, This form of subsidy effectively creates long term affordability, 11 IS the polley of the poway Redevelopment Agency that, should an eligible household wish to further encumber their rehabilitated property, subordination of the Agency debt will not be allowed. Exceptions may by made under specific circumstances and in emergency situations. The following circumstances may provide the basis to approve a loan subordination agreement where an additional encumbrance is added to the existing debt against the property: 1, Refinancing of existing debt in order to lower or stabilize overall housing cost. In this circumstance certain refinancing costs (including points, fees and impound charges) may be added to existing debt, provided they do not exceed four percent of the new loan amount. 2, Refinancing which homeowners can demonstrate is necessary due to an emergency or crisis situation including but not limited to the following: a, Refinancing in order to pay uninsured and unpredictable medical costs for an immediate family member or dependent. b, Refinancing in order to pay funeral costs for an immediate family member or dependent. c. Refinancing which is necessary to avoid foreclosure action against the property, provided that the subordination agreement is deemed to be a 1 JUN 4 1996 ITEM 1 8 9 of 12 part of a long term solution which will enable the homeowners to remain in housing that is affordable to them, At no time shall the Agency approve a subordination agreement which increases a homeowner's total housing cost such that it exceeds the maximum affordable housing cost as defined by the State of California Health and Safety Code. The Agency shall not approve any subordination agreement which causes the total indebtedness on the housing unit to exceed 90% of the market value of the unit, as verified by a current appraisal. The foregoing policy is a general guideline and should not be construed as a guarantee that any specific request for loan subordination will be approved, The Agency reserves the right to deny any loan subordination request which would appear to jeopardize the Agency's financial interest in the subject property, Program Participant Date Program Participant Date 2 JUN 4 1996 ITEM 1 8 10 of 12 I Attachment 4 SUBORDINATION NOTE ,199_ l(We), the undersigned participant(s) of the City of Poway's CDBG Housing Rehabilitation Program, have reviewed and understand the following Subordination Policy: The City of poway has elected to provide rehabilitation financing to eligible low-income households, The subsidy is available as a deferred forgiving loan to enable the eligible household to correct code and health and safety items while assuring that no additional debt service is incurred. This form of subsidy effectively maintains long term affordability. It Is the polley of the City of poway that, should an eligible household wish to further encumber their rehabilitated property, subordination of the City of poway debt will not be allowed. Exceptions may by made under specific circumstances and in emergency situations. The following circumstances may provide the basis to approve a loan subordination agreement where an additional encumbrance is added to the existing debt against the property: 1, Refinancing of existing debt in order to lower or stabilize overall housing cost. In this circumstance certain refinancing costs (including points, fees and impound charges) may be added to existing debt, provided they do not exceed four percent of the new loan amount. 2, Refinancing which homeowners can demonstrate is necessary due to an emergency or crisis situation including but not limited to the following: a, Refinancing in order to pay uninsured and unpredictable medical costs for an immediate family member or dependent. b, Refinancing in order to pay funeral costs for an immediate family member or dependent. 1 11 of 12 JUN 4 1996 ITEM 1 8 c, Refinancing which is necessary to avoid foreclosure action against the property, provided that the subordination agreement is deemed to be a part of a long term solution which will enable the homeowners to remain in housing that is affordable to them, The City shall not approve any subordination agreement which causes the total indebtedness on the housing unit to exceed 90% of the market value of the unit, as verified by a current appraisal. The foregoing policy is a general guideline and should not be construed as a guarantee that any specific request for loan subordination will be approved, The City reserves the right to deny any loan subordination request which would appear to jeopardize the City's financial interest in the subject property, Program Participant Date Program Participant Date 2 12 of 12 JUN 4 1996 ITEM 1 8 ,