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Res 31-04RESOLUTION NO. 31-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS A'ITACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTiVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATiVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, under specific authority established by the Wi!liana E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (1) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative costs of the SHIP program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP Program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by the Bond Study Numbers provided by the Florida Housing Corporation. Section 2. That during the three fiscal years covered under the Plan, the maximum award will be limited to $35,000 for very low, $31,000 for low and $21,000 for moderate income households for purchase assistance; $25,000 maximum for very low and low income households for owner occupied rehabilitation; $33,000 maxunum for purchase of a vacant, buildable lot of record, as defined in the City's Land Development Regulations; and $8,000 maximum award for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 3. That the City of Dekay Beach finds that five percent (5%) of the Local Housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 4. That the City of Delray Beach is authorized to submit the Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute any document and certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Dekay Beach. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 13th day of April, 2004. ATrEST: City Clerk -2- Res. No. 31-04 MEMORANDUM TO: FROM: THRU: DATE: SUBJECT: David Harden, City Manager Lula Butler, Community Improvement Director X~d~ Kendra W. Graham, Community Development Administrator N~(..~ G April 8, 2004 Approval of Resolution #31-04 Adopting the State Housing Initiatives Partnership (SHIP) Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007. ITEM BEFORE THE COMMISSION City Commission authorization and approval of the City's State Housing Initiatives Partnership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2001-2007 by adopting Resolution #31-04 pursuant to Title 67-37 of the Florida Administrative Code. BACKGROUND For the past eleven (11) years the Community Improvement Department has received funds under the State Housing Initiatives Partnership (SHIP) Program. SHIP funds are generated from a portion of documentary stamp taxes collected throughout the State and held in the State's Housing Trust Fund for the development and maintenance of affordable housing. The State requires a Local Housing Assistance Plan (LHAP) outlining how the City plans to administer the SHIP funds once they are received. On February 23, 1993, under Ordinance #2-93, the City Commission established a Local Housing Assistance Program, created the Local Housing Trust Fund and created the Affordable Housing Advisory Committee to comply with various sections of Title 67 of the Administrative Code of Florida. Community Development Division staff has administered the program and under the approved Plans have assisted Delray Beach residents with homeownership and housing rehabilitation opportunities. Staff and the members of the Delray Beach Renaissance Program have developed the Local Housing Assistance Plan for the next three years. SHIP funds will be used for the following activities: 1) Purchase assistance for new construction and acquisition rehabilitation; 2) Owner- occupied rehabilitation assistance; 3) Land Acquisition; and 4) Disaster Relief assistance. The LHAP is based on the current year's annual allocation of $469,262 per year for the three year period. RECOMMENDATION Staff recommends approval of the Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006 and 2006/2007 by adoption of Resolution #3 !-04. Proposed Changes to the City of Delray Beach's LHAP Change 3ustification Increase purchase price Current price limit for new construction is limit for new construction $134,040 and $107,000 for existing. Our non- to $1S6,000 and purchase profit housing partners, realtors, lenders and price limit for Existing to prospective buyers have all been lamenting the $142,000 lack of properties listed in those price ranges. A 4/:1/04 MLS search of 3 bdrm./2 bath properties with living square footage between :1,100 and :1,600 sq. ft. and a maximum purchase price of 9:135 produced :11 results. According to the FHFC Bond Study, the median purchase price of homes in our MSA is $243,571 for new construction and 9187,920 for existing, but we must remember that even if we offer a $35,000 subsidy, a 4 person household at 50% of our median income limit could afford no more than a $156,000 home (assuming a 5.75% interest rate and $360 taxesr insurance & HOA) Revise our recapture There are two main reasons for making our policy by: recapture policy more stringent: 1) Extending term of forgiveness from 5yrs. for 1) With our proposed new subsidies being deferred loan amounts higher and the State's allocation possibly less than $15,000, to 7 decreasing if the Housing Trust Fund is yrs. for awards less than eliminated, we would not be able to assist as $17,500; and from :10 yrs. many families. Therefore, we need revenue to For deferred loan awards fund the program in addition to what the State over $15,000, to 15 yrs. provides. for awards over $17,500. 2) Our current policy allows for deferred loan 2) Requiring repayment awards to be pro-rated based on the specific in full if any of the term of the note and for repayment of only the following qualifying pro-rated amount if the homeowner rents the events occur prior to property, fails to continuously occupy the home, termination of note: or subordinates without prior approval of the · sells or transfers City. Also, under the current policy if the property; homeowner sells to an eligible homebuyer no · rents the property; repayment is required. · fails to continuously occupy the home; or · subordinates without prior approval of the City. By enacting the above changes, hopefully we can recapture some of the buyer's increase in equity. CHANGE 3USTIFICATION Increase maximum In the past, providing assistance to the Very- subsidy amounts: Iow and Low-income households has been a priority. However, with the increasing cost of Current Prooosed housing and land in Delray Beach, it has become 0-50% $25,000 $35,000 evident that homeownership for the moderate- 51-60% $22,S00 income household is also needed. Using 51-65% $31,000 mortgage calculator spreadsheets and assuming 61-70% $20,250 S.75O/o interest, $350 taxes and insurance, and 65-80% $26,000 2% from borrower, these subsidy amounts will 80-100% $21,000 barely be sufficient to assist those at the very- Iow range of the income limits adjusted for family size. Include Disaster Relief The Florida Housing Finance Corporation Strategy recommends that a Disaster Relief strategy be included in ail LHAPs in the event of a natural disaster so that funds could be reallocated from other strategies and be readily available. Tf the City receives reimbursement from federal or state sources, funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds were disbursed. CITY OF DELRAY BEACH DELRAY BEACH F L O R I D A Ail-America City 1993 2001 SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 2004/2005, 2005/2006 AND 2006/2007 U:Archlve/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr..TB I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. Ao Name of the participating local government and Interlocal if Applicable: Section 420.9072(5),F.S. City of Delray Beach Interlocal: Yes No X Name of participating local government(s) in the Interlocal Agreement; N/A Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation of the Plan is for the purpose of meeting the housing needs of the very- low, low-, and moderate-income households, to expand production of and preserve affordable housing, to further the housing element of the City of Delray Beach's comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.002, F.A.C. 2004/2005 2005/2006 2006/2007 go Governance: Chapter 67-37.005(3)and(5)(i)F.A.C. and Section 420.9071(14)F.S. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program furthers the housing element objective of providing increased housing opportunities for low-income persons. Local Housing Partnership section 420.9072(1)(a), F.S. SHIP Program encourages building active partnerships between government, lenders, builders and developers, real estate professionals, advocates for low- income persons and community groups. The City of Delray Beach's Community Improvement Department has formed a partnership agreement with the Delray Beach Community Redevelopment Agency, the Community Financing Consortium, Inc., the Delray Beach Housing Authority, the Center for Technology, Enterprise, & Development, the Delray Beach Community Development Corporation and local contractors. This partnership entitled "Delray Beach Renaissance Program" was developed to implement a comprehensive home-building and community revitalization program. Resources from each participant are leveraged to minimize the duplication of services, streamline the approval process and to reduce the cost of housing to very-low, low-, and moderate-income homebuyers. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -2- Leveraging: Chapter 67-37.007(1)(b)(c), F.A.C. and Ssection 420.9075(1)(a) and (1)(b3, and (1)(c), F.S, The Plan is intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partner- ship and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local match to obtain federal housing grants or programs. The use of SHIP funds along with CDBG funds, General Revenue contributions awarded by the City, leverages with private sector financing and technical support provide the basis for increasing the supply of affordable housing for Delray Beach residents. Emphasis remains on combining neighbor- hood improvements with the provision of homeownership opportunities for the very low and low income households. Public Input: Chapter 67-37.005(3), F.A.C. Public input was solicited through face to face meetings with housing providers, local neighborhood associations, and through meetings of the City's local housing Partnership (Delray Beach Renaissance Program). Also, the City conducts an annual Community Needs Assessment Meeting whereby the public is invited to attend and provide input on how program funds should be allocated. Advertising and Outreach Chapter67-37.005(6)(a~), F.A.C. The City advertises the notice of funding availability in a local newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. In addition to advertising in the newspaper, the City publicizes the SHIP program on the City's web site, and through established homeowner association newsletters, churches located in the CDBG target area and other organized methods that may be available. SHIP staffparticipate in local homebuyer fairs and workshops. Discrimination: Section 420.9075(3)(c), F.S. In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application process for eligible housing. In implementing its SHIP program, the City of Delray Beach is mindful of affirmatively furthering fair housing. The City utilizes CDBG funds to further fair housing out- reach and education activities, as called for in the Consolidated Plan. All SHIP applicants are required to attend home buyer education seminars that include a segment on fair housing. J. Support Services and Counseling: Chapter 67-37. O06(5)(g),F..~.C. Support services are available from various sources. The City works with the members of the Delray Beach Housing Renaissance Partership, local lenders and Palm Beach County Consumer Credit Counseling to provide pre and post homeownership counseling. All prospective homebuyers receive education about U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -3- Ko credit, predatory lending, fair housing, pre-pumhase home inspections, and post- purchase education on topics such as budgeting, home maintenance, and energy conservation. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units, which can be lower than but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or as described above. The methodology used by the City of Delray Beach is: X Bond Study Numbers provided by Florida Housing Finance Corporation __ Independent Study (copy attached) U.S. Treasury Department The purchase price limit for new construction will be $156,000 and $142,000 for existing homes. These amounts are less than the $243,571 maximum for new home construction and $187,920 for existing home purchase allowed by the Florida Housing Finance Corporation Bond Study for Palm Beach County because they are based on the amount that a low income household can actually afford with a SHIP subsidy. The purchase price limit will be revised as needed in response to changes in the local real estate market, mortgage interest rates, etc. Any such revisions will be subject to City Commission and State approval. Income Limits, Rent Limits and Affordahility: Chapter 67-37.005(5)(e), F.A.C. .and Section 420.9071(2), F.S. The Income and Rent Limits used in the SHIP Program are updated annually from the Department of Housing and Urban Development and distributed by Florida Housing Finance Corporation. Affordable means that monthly rents or mortgage payments including taxes and insurance do not exceed 30 percent of that amount which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071 (19), (20) and (28), F.S. However it is not the intent to limit an individual household's ability to devote more than 30% of its income for housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. The City of Delray Beach has established a maximum limit of 35% of gross monthly income on the housing expenses of SHIP assisted buyers. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -4- Wages to Work: Chapter67-37.005(6)(b)(7)F.A.C Should an eligible sponsor be used, the City has developed a qualification system and selection criteria for applications for awards to eligible sponsors, which includes a description that demonstrates how eligible sponsors that employ personnel from the WAGES and Workforce Development Initiatives programs will be given preference in the selection process. The City works in partnership with the local Chamber of Commerce to ensure that these requirements are met. Monitoring and First Right of Refusal: section 420.9075(3)(e)and(4) 00, F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored at least annually for 15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. O. Administrative Budget: Chapter 67-37.005(6)093, F..4.C.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are presented on an annual basis for each State fiscal year submitted. The City of Delray Beach finds that the monies deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5% of the local housing distribution monies and program income deposited into the trust fund. A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5% of the local housing distribution plus 5% of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10% of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs. The City of Delray Beach has adopted the above findings in the attached resolution, Exhibit E. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -5- II. The Community Development Division of the Community Improvement Department shall be responsible for administration of the Local Housing Assistance Plan (LHAP). Administrative functions include program design, applicant processing and selection, preparing necessary paperwork to issue payments for program activities, tracking expenditures to ensure that statutory set-asides will be met, maintaining necessary records, preparing required reports, and all other duties pertaining to implementation of the LHAP. LHAP HOUSING STRATEGIES: Chapter 67-37.005($), F.A.C. Provide Description: A. Name of the Strategy: Purchase Assistance a. Summary of the Strategy: This strategy assists eligible first-time home- buyers with a 0% interest, deferred payment loan to be applied towards down payment, rehabilitation costs (if applicable), closing costs and principal reductions for the construction of new and/or purchase of existing single family homes, townhouses and villas. New construction properties must be constructed by approved contractors/developers participating in the City of Delray Beach Housing Renaissance Partnership. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award level varies by income category as shown below: Income Number of Persons in Household Category 1 2 3 4 or more 0 - 50% (Very Low) 24,500 28,000 31,500 35,000 51 -65% (Low) 21,500 24,500 27,500 31,000 65-80% (Low) 18,500 21,000 23,500 26,000 81-100% (Moderate) 14,500 16,500 18,500 21,000 U:Archive/SH1P/LHAPS 2003~04 LHAP Forms dtd 9_03fLHAP Template 9_2003 #3dr_TB The maximum award is limited to $35,000; however, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to enable the buyer to purchase the property at a monthly payment affordable to him or her. Terms, Recapture and Default: Assistance will be provided to eligible households in the form of a seven (7) year, 0% interest, forgivable deferred loan for amounts greater than $5,000 but less than $17,500. For amounts equal to or greater than $17,500, assistance will be provided in the form of a fifteen (15) year, 0% interest, forgivable deferred loan. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. All loan awards will be secured with a second mortgage / promissory note and will be forgiven on a pro-rated basis specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: · sale of unit or transfer of title · the assisted homeowner fails to continuously occupy the home · the unit is rented · unit is refinanced without prior authorization of the City. Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. f. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: · Must be first-time homebuyer(s), which is defined as one of the following: · someone who has not owned a home during the past three years · a single parent who has been divorced and displaced within the 12 month period prior to time of application, and whose household includes children under the age of 18 · a displaced victim of domestic abuse · a person displaced as a result of a government action (other than eviction from public housing; and those who have special needs according to Chapter 67-37.002(13) U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -7- · Must have a bank account · Applicant must have an accepted contract for a home and have applied for a first mortgage with a lender · The applicant must have attended and completed an approved home buyer education course (i.e., at least four hours in length and conducted in a classroom setting) approved by the Community Development Division Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: · designated 501(c)(3) non-profit organization under IRS guidelines; · legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has demonstrated track record and production experience in the construction and delivery of affordable housing; · posess a partnership agreement with the City of Delray Beach to participate and further its goals in the delivery of affordable housing to the City's very-low, low- and moderate-income households; · preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. Additional Information: New units constructed must be located in the CDBG designated target area. Existing homes must be located within the City's municipal boundaries. Applicants owing money to other assisted housing programs (such as Section 8 and public housing) are ineligible for SHIP assistance until they make restitution. B. Name of the Strategy: Owner-Occupied Housing Rehabilitation Summary of the Strategy: This strategy provides 0% interest, deferred payment loans to assist very-low, and low-income households (below 80% of Area Median Income adjusted for family size) to rehabilitate existing owner-occupied single family units. Rehabilitation of units will address interior and exterior building/electrical/plumbing problems, health and safety issues, as well as, retrofit of items for those with special needs, upgrade major systems, and soft costs. It is assumed that no private lender monies will be involved in these rehabilitation activities. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. Income Categories to be served: Very-low, and low-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -8- Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $25,000. However, the maximum is not automatically provided on an individual basis; rather, the amount of subsidy awarded will be the minimum amount necessary to make the necessary repairs and bring the house up to the City's minimum code requirements. Terms, Recapture and Default: Assistance greater than $5,000 but less than $15,000 will be provided to eligible households in the form ora 0% interest, deferred payment loan secured by a promissory note forgivable over five (5) years. Loan awards equal to or greater than $15,000 will be provided in the form of a 0% interest, deferred payment loan secured by a promissory note forgivable over ten (10) years. Assistance under $5,000 will be awarded as a grant and will not be subject under the program's recapture provisions. Pro-ration of loan award will occur at a rate specific to the duration of the note. Repayment of the full loan award will be immediately due to the City in the event any "qualifying event(s)" occur prior to expiration of the note. Qualifying event(s) are considered to be: · sale of unit or transfer of title (except for major healthcare expenses or by inheritance) · the assisted homeowner fails to continuously occupy the home · the unit is rented · unit is refinanced without prior authorization of the City Such repaid funds will be utilized in accordance with the approved Local housing Assistance Plan in effect at the time the funds are recaptured. If no "qualifying event(s)" occur prior to the expiration of the note, the loan is totally forgiven. In the event the homeowner wishes to refinance his or her first mortgage or take out an equity loan to make repairs or improvements, the City has created an administrative policy pertaining to subordination requests. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the following selection criteria: · Applicant may not currently own or have assets exceeding $15,000 (monetary gifts and real estate are included in the asset calculation; retirement accounts are not) · Must be owner/occupant · Mortgage payments and taxes must be current / paid up to date · Must provide proof of current homeowners insurance · Must have a bank account U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -9- Co Name a. Sponsor Selection Criteria: N/A. No sponsors are utilized for the Owner-Occupied Rehabilitation program. Additional Information: The home must be located in the City's municipal boundaries; the appraised value of the home may not exceed the maximum sales price allowed in the SHIP program for existing units; and the homeowner must agree to maintain the home free of any code violations after rehabilitation work is completed. of the Strategy: Land Acquisition Summary of the Strategy: This strategy will provide funds to acquire properties for future development by non-profit, public agencies or for profit developers. Properties will be acquired through deed and tax sales, the foreclosure of government liens and through private purchases. Properties will be donated and/or sold, competitively to non-profit agencies that will use the Delray Beach Renaissance Program for the development of the property. Properties sold competitively to for profit developers must be utilized for the development of affordable housing. Construction, rehabilitation, or emergency repairs must be completed either with one year immediately proceeding the date of conveyance of title or within 24 months of the close of the applicable State fiscal year. If property is sold to a for-profit developer, applications will be accepted and awarded competitively using criteria including, but not limited to The following: Financial strength of the agency · Ability of developer to complete the development by the deadlines established by the State · Capacity of the developer · Features of the proposed house(s) · Marketing plan for the sale of the house(s) · Whether or not the agency employs personnel from the WAGES or Workforce Development program · Whether the proposed housing is compatible with the neighborhood in terms of design and size · Affordability of house(s) being built Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and 2006/2007. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 10- Income Categories to be served: Very-low, low-, and moderate-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum purchase price for a "buildable lot of record" as defined in the City's Land Development Regulations will be $33,000. The maximum purchase price for aggregate lots or large tracts of lands shall be determined by the appraised value at time of purchase. Terms, Recapture and Default: The loan for the value of the land will be at 0% interest. The loan will be recaptured when the property is sold. Recipient Selection Criteria: In addition to being income eligible as described above, applicants must meet the same selection criteria for recipient's under Strategy A: Purchase Assistance. Sponsor Selection Criteria: Eligible sponsors must meet the following selection criteria: · designated 501(c)(3) non-profit organization under IRS guidelines; · legally operating within the jurisdiction of the City of Delray Beach and/or Palm Beach County; · has demonstrated track record and production experience in the construction and delivery of affordable housing; · preference will be given to sponsors that employee personnel from WAGES and Workforce Development Initiatives programs. h. Additional Information: D. Name of the Strategy: Disaster Relief Summary of the Strategy: In the event of a natural disaster (as declared by local, state, or federal government), SHIP funds will be used to leverage available federal and state funds to provide assistance to income eligible households for the purpose of repairing eligible housing. Generally, such needs may include: purchase of emergency supplies for eligible households to weatherproof damaged homes, interim repairs to avoid further damage, tree and debris removal required to Make individual housing units habitable, and post disaster assistance with non-insured repairs. b. Fiscal Years Covered: State fiscal years 2004/2005, 2005/2006 and U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB -11- 2006/2007. Income Categories to be served: Very-low, and low-income households as defined by the U.S. Department of Housing and Urban Development (HUD) and adopted by the State of Florida and distributed by the Florida Housing Finance Corporation for use in the SHIP Program. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award for this strategy is $8,000 per unit. Terms, Recapture and Default: Assistance will be provided in the form of a grant, so individual households will not be required to repay funds used for disaster assistance. In the event that the City receives reimbursement from federal or state sources, such repair funds will be utilized in accordance with the approved Local Housing Assistance Plan in effect at the time the funds are disbursed. Recipient Selection Criteria: In addition to being income eligible as described above, applicants will be served on a first-come, first-served basis, pending fund availability. Residence must be located within the municipal boundaries of Delray Beach. g. Sponsor Selection Criteria: N/A. Additional Information: This strategy will be implemented only in the event of a natural disaster declaration using any SHIP funds that have not been encumbered. III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. a. Established policy and procedures: Provide Description The City has in place a "One Stop Shop" permitting process for a coordinated review and approval of all developmental applications submitted through the Building Division. The system features a fully automated application tracking software package that provides the opportunity to readily identify delays in review time from various departments xvithin the permit process. Applications submitted for affordable housing projects will receive a label marking it as such and prioritized for review. Applications received are processed by designated persons under the approved expedited permitting process developed for this program. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 12- Name of the Strategy: Ongoing Review Process An ongoing process which provides for a review and consideration of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to its adoption. Established policy and procedures: Provide Description The Planning and Zoning Department reviews all proposed new City policies or changes to the LDR's to determine effects, if any, on the cost of housing. If it is determined that there is an impact, an analysis is prepared by appropriate department staff and submitted to City Commission for review prior to its approval. Name of the Strategy: Impact Fees Requirements An on-going process to allow for the payment of Impact fees associated with new construction of affordable housing units. Established policy and procedures: Provide Description The City has been unsuccessful in petitioning the County to waive impact fees associated with new construction of affordable housing units. The County does provide an impact fee credit for units built on a lot, which had a previous residential unit on the site. The Community Development staff provides the research on properties to identify these credits wherever possible. When no credit is applicable, the City may use SHIP funds to pay the impact fees. Do Name of the Strategy: Waiver of Building Permit Fees An ongoing process for reducing the cost of building or rehabilitating affordable housing. Established policy and procedures: Provide Description The City has adopted a policy for the waiver of building, paving, irrigation and plan review fees for affordable housing units. This has generated a savings to the homeowner estimated at $1,200 in permit fees per unit. Name of the Strategy: Allowance of Increased Density Levels An ongoing process to review zoning regulations for the purpose of allowing increased density to encourage development of affordable housing unit. a. Established policy and procedures: Provide Description The Housing Element of the City's Comprehensive Plan provide for increases to density when it can be demonstrated that such increases U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 13- will lead to an affordable unit, provided that other policies of the Comprehensive Plan are met. The Land Development Regulations allow for increased densities in planned unit development on a case- by-case basis. This does not apply to in-fill housing and the lack of large vacant parcels makes this incentive limited in its effect. Name of the Strategy: Reservation of Infrastructure Capacity An ongoing process to provide for infrastructure improvements in deteriorating neighborhoods Established policy and procedures: Provide Description Infrastructure facilities currently exist throughout the entire City. However, where there are visible signs of deterioration, Comprehensive Plan policy provides for prioritization in scheduling necessary improvements. As each year's infrastructure improvement schedule is prepared, priority is given to neighborhoods with concentrations of infrastructure deficiencies. Name of the Strategy: Reduction of Parking and Set Back Requirements An ongoing process to encourage development of affordable units by allowing for reduced parking and set back requirements Established policy and procedures: Provide Description Current regulations require two parking spaces per dwelling unit beyond required front yard set back in Single Family Zoning Districts. as an incentive to affordable housing, one of the required parking spaces may be located within the side set back within one foot of the property line, provided the impervious area used for parking is sloped to drain on the lot being developed. This incentive will provide a cost reduction of approximately $800 per unit. The allowance of side set back parking improves the appearance and traffic flow by reducing haphazard street parking.. Name of the Strategy: Preparation of a printed inventory of locally owned public lands suitable for affordable housing An ongoing process to identify land suitable for development of affordable housing Established policy and procedures: Provide Description The Planning Department has compiled a complete list of City owned lands of 3 acres or more along with available single family lots. The Community Redevelopment Agency maintains a list of vacant parcels, which they own or have under contract suitable for in-fill residential construction. These lists are made available to the public, private developers and non-profit agencies. U:Archive/SH1P/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 14- Name of the Strategy: Reduction of Landscape Requirements An ongoing process to encourage the development of affordable units by allowing for a reduction of the City's landscape requirements Established policy and procedures: Provide Description The current requirements at Section 4.6.16(H) for Single Family Housing is that 20% of all pervious lot area be planted in shrubs and ground cover and the remaining 80% of the area be planted in turf. In support of projects participating in the City's Affordable Housing Programs the requirements of the landscape code are reduced to allow for only 10% of the pervious single family lot area be planted in shrubs and ground cover and that they be installed in the front and side setbacks. It is estimated that $1,200 will be reduced from the cost of producing one unit. IV. EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. Be Timeline for Encumberance and Expenditure: Chapter 67-37. OOS(6)(d) and 60 F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be encumbered by June 30 one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal year. Ce Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C Completed HDGC for each fiscal year is attached as Exhibit C. Certification Page: Chapter 67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested adopting resolution is attached as Exhibit E. Program Information Sheet: Completed program information sheet is attached as Exhibit F. Ordinance: Section 420.9072(3)(a), F.S. If changed from the original ordinance, a copy is attached as Exhibit G. H. Interlocal Agreement: Section 420.9072, F.S. A copy of the Interlocal Agreement if applicable is attached as Exhibit H. U:Archive/SHIP/LHAPS 2003-04 LHAP Forms dtd 9_03/LHAP Template 9_2003 #3dr_TB - 15- ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Fiscal Year 2004/2005 ,~: I~ rt~eASc caonudn ~; eFfiet; s Operating Expenses for SHIP Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,000.00 $ 1,200.00 $ 2,726.OO $ 1,000.00 $ 46,926.00 Fiscal Year 2005/2006 Salaries and Benefits Audit/Accounting Fees Operating Expenses for SHIP Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,000.00 $ 1,200.00 $ 2,726.00 $ 1,000.00 $ 46,926.OO Fiscal Year 2006/2007 ;alaries and Benefits Audit/Accountin Fees Operating Expenses for SHIP Coordinator (i.e., travel & training, phone, memberships, etc. Advertising $ 42,000.00 $ 1,200.00 $ 2,726.OO $ 1,000.00 $ 46,926.00 Administrative expenses in excess of the maximum ten percent (10%) of SHIP allocation will be supplemented by City general funds or other grant dollars. Budgeted amounts based on 2003/2004 allocation of $469,262 (2) (3) (4) (5) (6) (7) (8) (9) 00) (12) CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Exhibit D CITY OF DELRAY BEACH The City of Delray Beach will advertise the availability of SHIP funds pursuant to Florida Statutes. All SHIP funds will be expended in a manner which ~vill insure that there will be no discrimination on the basis of race, creed, religion, color, age, sex, familial or marital status, handicap, or national origin. A process for selection of recipients for funds has been developed. The City of Delray Beach has developed a qualification system for applications for awards. Recipients of funds will be required to contractually commit to program guidelines. The Florida Housing Finance Corporation will be notified promptly if the City of Delray Beach will be unable to comply with the provisions of the plan. The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within 24 months following the end of the State fiscal year in which they are received. The plan conforms to the City of Delray Beach's Comprehensive Plan, or if an amendment to the Comprehensive Plan is necessary, it will be initiated at the next available opportunity to insure conformance with the Local Housing Assistance Plan. Amendments to the approved Local Housing Assistance Plan shall be provided to the Corporation with in 21 days after adoption. The trust fund shall be established with a qualified depository for all SHIP funds as well as moneys generated from activities such as interest earned on loans. Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. The local housing assistance trust fund shall be separately stated as a special revenue fund in the City of Delray Beach's audited financial statements, copies of the audits will be forwarded to the Corporation as soon as available. An interlocal entity shall have its local housing assistance trust fund separately audited for each state fiscal year, and the audit forwarded to the Corporation as soon as possible. 1 October 2003 Page 2 Certification Exhibit D (14) (15) (16) (17) (18) (19) SHIP funds will not be pledged for debt service on bonds or as rent subsidies. Developers receiving assistance from both SHIP and the Low Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, Similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to service eligible persons. Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least annually for 15 years for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC, and how each of those requirements shall be met. The provisions of Chapter 83-220, Laws of Florida x has or been implemented. has not Witness Chief Elected Official or designee Witness Jeff Perlman, Mayor Date OR Attest: (Seal) 2 October 2003 RESOLUTION NO. 31-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING THE LOCAL HOUSING ASSISTANCE PLAN PURSUANT TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM AS ATTACHED HERETO; ESTABLISHING A MAXIMUM COST PER UNIT, THE STRATEGIES AND INCENTIVES OF THE PLAN, THE MAXIMUM SHIP FUNDS ALLOWABLE FOR ASSISTANCE, THE MAXIMUM SHIP FUNDS FOR ADMINISTRATIVE EXPENSES; AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND AUTHORIZING SUBMISSION OF THE PLAN TO THE STATE HOUSING FINANCE CORPORATION; PROVIDING FOR AN EFFECTIVE DATE UPON APPROVAL. WHEREAS, the State of Florida, under specific authority established by the William E. Sadowski Act in July 1992, established the State Housing Initiatives Partnership (SHIP) Program which requires the City to develop a one to three year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the Act also requires the adoption of a resolution providing for (1) the maximum and average cost per unit available for eligible housing units; (2) a maximum and average of funds awarded under each strategy; (3) implementation of the strategies and incentives under the plan; (4) establishment of ten percent (10%) of total allocation and five percent (5%) of program income to be spent on administrative costs of the SHIP program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the maximum cost per unit for eligible housing assistance awards pursuant to the SHIP Program may not exceed ninety percent (90%) of the median area purchase price for newly constructed units and existing units as established by the Bond Study Numbers provided by the Florida Housing Corporation. Section 2. That during the three fiscal years covered under the Plan, the maximum award will be limited to $35,000 for very low, $31,000 for low and $21,000 for moderate income households for purchase assistance; $25,000 maximum for very low and low income households for owner occupied rehabilitation; $33,000 maximum for purchase of a vacant, buildable lot of record, as defined in the City's Land Development Regulations; and $8,000 maximum award for disaster relief assistance, specific to the conditions, strategies and eligibility determination under the guidelines of the SHIP Program and this Plan. Section 3. That the City of Delmy Beach finds that five percent (5%) of the Local Housing distribution is insufficient to adequately administer the SHIP Program. Therefore, the administrative funding shall increase, but shall not exceed ten percent (10%) as allowed by Title 67 of the Florida Administrative Code, and to include the allowable five percent (5%) of Program Income for additional administrative funding under the SHIP Program. Section 4. That the City of Delray Beach is authorized to submit the Local Housing Assistance Plan to the State Housing Finance Corporation for its review and approval. Section 5. That the Mayor is authorized to execute any document and certifications required as a part of the Local Housing Assistance Plan on behalf of the City of Delray Beach. Section 6. That this resolution shall become effective immediately upon its passage. PASSED AND ADOPTED in regular session on this the 13th day of April, 2004. ATTEST: MAYOR Acting City Clerk -2- Res. No. 31-04 Exhibit F STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: City of Delray Beach CHIEF ELECTED OFFICIAL (Mayor, Chairman, etc.): JeffPerlman, Mayor ADDRESS:_100 N.W. 1st Avenue, Delra¥ Beach, FL 33444 SHIP ADMINISTRATOR: ADDRESS: same as above Debra Garcia TELEPHONE:(561 ) 243-7236 FAX:(561). 243~722I EMAIL ADDRESS: Garcia~,,ci.delrav-beach.fl.us. ADDITIONAL SHIP CONTACTS: Kendra Graham, C.D. Administrator ADDRESS: same as above EMAIL ADDRESS: graham(&ci.delray-beach.fl.us. 1NTERLOCAL AGREEMENT: YES/NO (IF yes, list other participants in the inter-local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000308 MAIL DISBURSEMENT TO: __City of Delra¥ Beach ADDRESS: c/o C. D. Division, 100 N.W. 1st Avenue, Delray Beach, FL 33444 OR:IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: ~ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 Agenda Item No.: (~ AGENDA REQUEST Request to be placed on: ~ Regular Agenda Special Agenda __ Workshop Agenda __ Consent Agenda Date: April 8, 2004 When: April 13, 2004 Description of item: Approval of the City's State Housing Initiatives Parmership (SHIP) Program, Local Housing Assistance Plan for Fiscal Years 2004/2005, 2005/2006, and 2006/2007. Recommendation: Staff recommends approval of the Local Housing Assistance Plan (LHAP) for Fiscal Years 2004/2005, 2005/2006, a~nd 2006/2007 by adoption of Resolution #31-04. DepartmentHeadSignature:C~[D/0A ~ ~.. City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: YES/NO Funding Alternatives: Account No. & Description: Account Balance: (if applicable) City Manager Review: Approved for agenda: ~/NO ~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved