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HomeMy WebLinkAboutMINUTES - 11302004 - C154 TO: BOARD OF SUPERVISORS Contra �/�, •.r Costa FROM: CARLOS BALTODANO, DIRECTOR •���� � � CountyBUILDING INSPECTION DEPARTMENT d`� - '' sr� DATE: November 30, 2004 SUBJECT: COMMUNITY DEVELOPMENT NEIGHBORHOOD PRESERVATION PROGRAM HOUSING REHABILITATION PROGRAM POLICIES SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS ADOPT the updated Community Development Neighborhood Preservation Program's Housing Rehabilitation Program Policies effective October 1, 2004. FISCAL IMPACT None. CONTINUED ON ATTACHMENT: ✓ Yes SIGNATURE Z� -joell,14110611111111, L_-�RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _L,,,APPROVE OTHER r SIGNATURES ACTION OF BOAN APPROVED AS RECOMMENDED _OTHER V I VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT rI,�tR� ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Carlos Baltodano(335-1108) ATTESTED:��_i117.�Cill���L�(� cc: Building Inspection John Sweeten,Clerk ofthe Board ofSupervisors County Administrator and County Administrator County Counsel Community Development BY N CB:PC:nr \bdordl CD.NPP.policies BACKGROUND/REASONS FOR RECOMMENDATIONS A. The Neighborhood Preservation Program (NPP) is a home rehabilitation loan program sponsored by the Building Inspection Department. The rehabilitation program is funded by Community Development Block Grant funds,which are made available to the County under the Housing and Community Development Act of 1974, as amended (42 U.S.C. 5301 et seq.) B. The County Community Development Department (CDD) receives the funds and authorizes the Building Inspection Department's Neighborhood Preservation Program (NPP) to administer the portion of the funds allocated to the rehabilitation program through an agreement between both departments. C. The policy establishes guidelines for administering the rehabilitation program, which offers low-interest and zero-interest loans to qualifying low-income and very-low- income homeowners. The Board of Supervisors adopted the original policies on July 17, 1984 and adopted the updated policies on July 8, 2003. D. On May 26, 2004, the County Community Development Department (CDD) monitored the NPP. CDD staff noted that the Program's amortized loan component interest rate scale is above market-rate interest rates. CDD staff recommends the Program staff review the current interest rate structure. NPP recommends revising the interest rate of the Program from 3-7% interest rate scale to one interest rate of 3%. This revision does not change the 0% interest component of the Program. E. Furthermore, CDD staff recommended NPP review the maximum loan amount. NPP determined the current maximum of $25,000.00 does not reflect the current market costs for the type and amount of work that needs to be done on the older housing stock projects completed through the Program. Many of the projects also require lead based paint remediation. CDD and NPP staffs have worked cooperatively to review average project costs and determined the loan amount maximum be increased to $40,000.00. F. Additionally, the CDD and NPP staffs have worked cooperatively to review the existing guideline of the amount of assets allowed by a homeowner to qualify for the Program. The assets limits are increased from $10,000.00 for non-elderly households to $15,000.00. The assets limits are increased from $20,000.00 for elderly and disabled households to $30,000.00. G. The Building Inspection Department has implemented these recommendations into the existing policy guidelines. The County Counsel has reviewed the revised policies and approved as to form. The policies were revised to bring them in line with current business protocol. No other changes were made to the existing Neighborhood Preservation Program operating procedures and policies. H. The updated policy is attached. Community Development NPP Housing Rehab Program Policies -2— November 2— November 30,2004 CONTRA COSTA COUNTY Community Development Neighborhood Preservation Program Housing Rehabilitation Program Policies (Adopted by the Board of Supervisors on November 30, 2004) I. INTRODUCTION A. This document sets forth policies for residential rehabilitation financial assistance in the form of low-interest loans and zero-interest loans, as authorized by Section 105, Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. §5301 et seq.). B. The program is available throughout Contra Costa County, except for the cities of Antioch, Concord, Pittsburg, Richmond,and Walnut Creek. Contra Costa County is considered an urban county under 42 U.S.C. §5302. C. The County has established several Housing Rehabilitation Target Areas. The purpose of these target areas is to market the program and its components to specific areas in the County whose residents may benefit from the program. However, all eligible persons may apply. The current target areas are listed in Appendix A. D. The County has agreements with financial institutions to implement and service the loan components of the program. II. OBJECTIVES Primary Objective The primary objective of the Neighborhood Preservation Program, and in particular the housing rehabilitation components, is to assist in the development of viable communities by providing decent housing and a suitable living environment in the community - principally for persons of low and moderate income - consistent with provisions of Federal assistance provided in the Housing and Community Development Acts of 1974 as amended. Specific Objectives 1. Eliminate slums and blight, and prevent blighting influences that cause the deterioration of property and neighborhoods. 2. Eliminate conditions that are detrimental to health, safety and public welfare by rehabilitating housing that does not meet building or housing codes. 3. Stabilize and enhance older neighborhoods to encourage future investment from the private sector and from other public funds and programs. 4. Develop economically integrated communities to allow low-income and very-low-income residents to enjoy the benefits of economic revitalization. To attain these objectives,the County has developed a financial assistance program consisting of two components: low interest loans and zero-interest loans. The loans must be used to rehabilitate homes. A person's eligibility for the program depends on household income and ability to service an additional monthly housing payment. The intent of the program is to reach the maximum number of households,while at the same time ensuring a maximum return on loans to make future assistance available to other households. 1 Asa condition of receiving a loan,a homeowner must agree to allow the County to enter the premises and inspect the premises to determine whether the rehabilitation work complies with building,housing and safety codes. Once'a homeowner receives a loan, the homeowner enters into a contract with a contractor to complete the rehabilitation project. The County is not a party to these contracts. III. HOUSING REHABILITATION LOW-INTEREST LOAN ELEMENT A. Introduction The low interest Loan Element of this Program is designed to provide financial assistance for the housing stock of low-income households who can afford a moderate increase in monthly housing payments but cannot be served by private financial institutions under existing programs. B. Eligibilitv Reauirements This section sets forth the eligibility criteria and requirements for receiving a Rehabilitation Loan. These criteria assess both the structure and the applicant from the standpoint of need and eligibility. 1. General Requirements Owner-occupied single family structures and duplexes2 will be eligible for rehabilitation loan assistance, if the property(1) is in need of repair to eliminate hazardous conditions and/or other code violations and (2) is owned by a household which has a qualifying income as defined in the following sections and which has been in permanent legal possession of the property owner for at least six months prior to applying for financial assistance. 2. Eligible Costs Work and items of repair eligible under the program are to be completed as available funds allow, in the following order of priority: a. To make repairs and improvements necessary to the structure to correct health and safety hazards; b. To make other necessary repairs and improvements,including exterior painting and physical modifications designed to improve the mobility of handicapped or elderly persons, in order to conform to code standards applicable to existing residential structure to ensure safe,decent,and sanitary housing;to enhance the appearance of the structure and of the neighborhood exterior painting will be included as an item of repair unless determined unnecessary; C. To correct any incipient deficiencies which would make it impossible for a structure to be brought to and readily maintained at code standards; d. To replace built-in cooking appliances when required for safety reasons; 'See Appendix B for current tables of income by household size that meet these criteria. 2For the financial purpose of this program,duplex is defined as one structure with two living units or two single-family structures on one parcel. 2 e. To provide for or enlarge a room or finish an attic or basement In order to alleviate a condition of overcrowding,as specified in Chapter 5 of the Uniform Housing Code; f. To remove unrepairable secondary buildings, structures, and other blighting influences located on the property; which may include the repair or replacements of dilapidated fencing; g. To make other general property repairs if funds are available and when the amount spent does not exceed 40% of the loan amount. 3. Eligibility of the Applicant In addition to being the owner of a single-family unit or the owner-occupant of a duplex in need of the above repairs, to qualify for a rehabilitation loan the applicant must: a. Be a household with an income less than 80%of the median income for the County as established by HUD for the Oakland Primary Standard Metropolitan Statistical Area (PMSA, Exhibit C); and b. Have assets that, for elderly and/or disabled households (age 62 or over) do not exceed$30,000,and for non-elderly households, have assets,which do not exceed $15,000. Assets would include bank accounts,stocks,bonds,investments,and real estate holdings but not including the principal residence or defined retirement accounts for non-senior household. Approved defined retirement account must be inaccessible without penalty. C. In the case of the second unit in a duplex that is a rental property, conform with Federal non-discrimination regulations and agree that, upon receipt of a loan from the County: 1) rents and other charges shall not be increased, actual increases in taxes,and the percentage increase in the Bay Area cost of living index issued by the U.S. Department of Commerce; or 2) the units to be rehabilitated will be rented to low and moderate income families utilizing the Federal Section 8 Existing Unit Rental Subsidy Program. C. Priorities for Award of Loans Applications will be evaluated and processed as received,based on the eligibility criteria and requirements stated in Section III (b) of these guidelines. The evaluation will consist of an initial determination of the eligibility of the applicant followed by a determination of the needed repairs of the structure. Financial assistance will be awarded to applicants in the order in which their application materials are compiled for eligibility determination. D. Loan Amounts, Term and Security For purposes of this program, Rehabilitation Loans are defined as loans requiring monthly payments of both principal and interest based on the amount of money borrowed. No prepayment penalties will be charged. 1. Loan Amounts a. The maximum amount for a Rehabilitation Loan shall not exceed$40,000 for a single-family dwelling with an additional$3,000 allowed for the second unit in a duplex. b. The loan maximum specified in (a) above may be exceeded subject to the following limitations: 3Income will be based on the applicant's income for the 12 months prior to its application for financial assistance and may reflect increases or decreases anticipated during the next 12 months. 3 1) General property improvements as allowed under Section III (B) (2) (g) cannot exceed 40%of the loan maximum specified in Section III (D)(1)(a). 2)The maximum loan amount specified in Section 1111(D)(1) (a)above may be exceeded by $5,000 to meet code requirements without general improvements. The Rehabilitation Loan plus existing indebtedness against the property shall not exceed 90%of the appraised after-improvement value of the property at the time the loan is approved. 2. Interest Rate The interest rate will be below the existing market rate at 3 percent (3%), based on the household's ability to pay as defined in Section III (D) (3) below. 3. Loan Term and Security Requirements The term of the 3% interest loan shall not exceed 15 years. The rehabilitation loan is due and payable upon sale or transfer of the property and must be secured by a Deed of Trust, which secures the Promissory Note. IV. HOUSING REHABILITATION ZERO-INTEREST LOAN ELEMENT A. Introduction The zero-interest loan element of this Program is designed to provide financial assistance for the housing stock of households with very low income who otherwise cannot afford any increased monthly housing costs. B. Eligibility Requirements This section sets forth the eligibility criteria and requirements for receiving zero-interest loan. These criteria assess both the structure and the applicant from the standpoint of need and eligibility. 1. General Requirements Owner-occupied single-family structures and duplexes5 will be eligible for rehabilitation financial assistance, if the property: 1) is in need of repair to eliminate hazardous conditions and/or other code violations; and 2) is owned by a household which has a qualifying income as defined in the following sections and which has been in permanent legal possession of the property for at least six months prior to applying for financial assistance. 2. Eligible Costs Work and items of repair eligible under this program are to be completed as available funds allow, in the following order of priority: a. To make repairs and improvements necessary to the structure to correct health and safety hazards; b. To make other necessary repairs and improvements, including exterior painting and modifications design to improve the mobility of handicapped or elderly persons, in order to confirm to code standards applicable to existing residential structures to ensure safe,decent,and sanitary housing; 4See Appendix B for current table of income by household size that meets these criteria. 5For the financial purpose of this program,duplex is defined as one structure with two living units or two single-family structures on one parcel. 4 to enhance the appearance of the structure and of the neighborhood, exterior painting will be included as an item of repair unless determined unnecessary; C. To correct any incipient deficiencies which would make it impossible for a structure to be brought to code readily, and maintained at code standards; d. To replace built-in cooking appliances when required for safety reasons; e. To provide for or enlarge a room or finish an attic or basement in order to alleviate a condition of overcrowding as specified in Chapter 4 of the Uniform Housing Code. f. To remove unrepairable second buildings, structures, and other blighting influences located on the property,which may include repair or replacement of dilapidated fencing; g. To make other general repairs if funds are available and when the amount spent does not exceed 40%of the loan amount. 3. Eligibility of the Applicant In addition to being the owner-occupant of a single-family unit or duplex in need for the above repairs, to qualify for a zero-interest loan the applicant must: a. Meet the definition of a very low income household with an adjusted gross incomes of 50%or less of the median income for the County,and have assets that,for elderly and/or disabled households (age 62 or over) do not exceed $30,000, or for non- elderly households do not exceed $15,000. Assets may include bank accounts, stocks bonds, investments,and real estate holdings but do not include the principal residence; and b. Have not been the recipient of a prior zero-interest loan for the property in question within the past five years; and C. In the case of the second unit in a duplex that is a rental property, conform with Federal non-discrimination regulations and agree that, upon receipt of a Loan or Grant from the County: 1) rents and other charges shall not be increased beyond actual increases in taxes,and the percentage increase in the Bay Area cost of living index issued by the U.S. Department of Commerce;or 2)the units to be rehabilitated will be rented to low and moderate income families utilizing the Federal Section 8 Existing Unit Rental Subsidy Program. C. Priorities for Award of Zero-Interest Loans Applications will be evaluated and processed as received, based on the eligibility requirements stated in Section III (B) of these guidelines. The evaluation will consist of an initial determination of the eligibility of the applicant followed by a determination of the needed repairs of the structure. Financial assistance will be awarded to applicants in the order in which their application materials are completed for eligibility determination. The determination of whether a zero-interest loan will be awarded shall be based on the following criteria: 1. The County will consider providing zero-interest loans for households with incomes between 51%and 80%of area median income(moderate income households)in the following circumstances: 61ncome will be based on the applicant's income for the 12 months prior to its application for financial assistance and may reflect increases and decreases anticipated during the next 12 months 5 a. Total indebtedness on the property including the amount of the County loan will not exceed 90%of the after-rehab appraised value of the property,and b. A zero-interest loan is necessary to prevent the applicant's monthly debt ratio including the County's loan from exceeding 35%of the applicant's monthly gross income. D. Amounts, Terms, and Security for Zero-Interest Loans 1. Amounts a. The maximum amount for a zero-interest loan shall not exceed$40,000 for a single-family dwelling, with an additional$3,000 allowed for the second unit in a duplex. b. The maximum loan amount specified in Section IIII (D) (1) (a) above may be exceeded by$5,000 to meet code requirements without general improvements. c. The existing indebtedness against the property plus the amount of the zero- interest shall not exceed 90% of the appraised after-improvement value of the property at the time the financial assistance is approved. 2. Term and Security Requirements The zero-interest loan is due and payable after five years or upon sale or transfer of the property, but may be repaid in full or in part at any time prior to such date. At the end of five years, if the applicant household still resides in the same house and can demonstrate its continued inability to repay the zero-interest loan,the loan term may be extended for an additional five-year term. If, however, at the end of five years the applicant has sufficient income to be eligible for the interest bearing loan component of the program, the zero-interest loan will be converted to an interest bearing loan under the then existing guidelines and policies of such program. All zero interest loans will be secured by a Deed of Trust, which serves the Promissory Note. Upon transfer of the property in the case of inheritance, the financial capabilities and occupancy of the heir will be considered prior to requiring repayment. V. APPLICABILITY OF EACH PROGRAM ELEMENT It is the intent of this program that each household,as applicant, be evaluated for eligibility under the loan element first and the zero-interest loan element second to ensure that the use of loans is maximized in order to establish a revolving fund,for future program years,which realizes immediate return of funds. For example, if the household can support payments on a low-interest loan given its income and credit history,then it would not be eligible for a zero-interest loan. The origination of a combination interest bearing loan/zero-interest-deferred loan is permissive under these policies. In all cases, if the household qualified for a conventional market rate loan, it would not be eligible for either of these program elements. VI. ADMINISTRATION Agreements with financial institutions exist for implementation and servicing of the financial aspects of the program elements. Implementation of the Housing Rehabilitation Program is the responsibility of the County Building Inspection Department. A Review Panel, composed of three persons knowledgeable in the housing finance field and two citizen representatives has been established to make final decisions concerning the awarding of financial aide. This panel will be provided with staff services by the Building Inspection Department. The Review Panel will periodically review the procedures and criteria utilized by the participant financial institutions. 6 VII. APPEALS Any persons,firm, partnership,or corporation aggrieved by a decision pursuant to the policies of the Neighborhood Preservation Program shall be afforded an opportunity for review of that decision by a staff committee composed of representatives from the Building Inspection Department,the Planning Department, and the County Administrator's Office. Upon review of the case a final decision will be rendered by the staff committee, subject to appeal to the Board of Supervisors, under the regular appeal procedures provided for in the County Ordinance Code. Updated 11/1/2004 pc PROGRAMUPDATE3.OBJ 7 APPENDIX A NEIGHBORHOOD PRESERVATION PROGRAM TARGET AREAS 1. ANTIOCH (CITY) 2. BRENTWOOD (CITY) 3. EL CERRITO (CITY) 4. LAFAYET"TE 5. MARTINEZ (CITY) 6. PINOLE (CITY) 7. PLEASANT HILd. (CITY) 8. BETHEL ISLAND 9. BYRON 10. CLYDE 11. CROCKETT 12. EL SOBRANTE (SAN PABLO AREA) 13. MONTALVIN MANOR(SAN PABLO AREA) 14. MOUNTAIN VIEW (MARTINEZ AREA) 15. NORTH RICHMOND 16. OAKLEY 17. SANDHII.L (OAKLEY AREA) 18. RODEO 19. ROLLINGWOOD (SAN PABLO AREA) 20. VINEHII.L (MARTINEZ AREA) 21. BAY POINT 22. SAN RAMON 23. SAN PABLO (CITY) r APPENDIX B INCOME LIMITS BY HOUSEHOLD SIZE FOR REHABILITATION FINANCIAL ASSISTANCE EFFECTIVE January 28, 2004 Adjusted Annual Gross Income Persons Very Low Low Per Income Income Household Households Households 1 $29, 000 $46, 350 2 33 , 100 53 , 000 3 37, 250 59, 600 4 41, 400 66, 250 5 44, 700 71, 550 6 48, 00-0 76, 850 7 51, 350 82, 150 8 54, 650 87, 450 Extremely low-income households are defined as households earning, 30 percent or less of area median income (AMI) : very-low income households earn 50 percent or less (AMI) : low-income households earn 80 percent or less AMI subject to HUD caps; and median income households earn 100 percent AMI . Source: U. S. Department of Housing and Urban Development.