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HomeMy WebLinkAbout19D - FIRST TIME HOMEBUYER REQUEST FOR COUNCIL ACTION . CITY COUNCIL MEETING DATE: ~ ~ CLERK OF COUNCIL USE ONLY: AUGUST 2, 2004 TITLE: APPROVED 0 As Recommended 0 As Amended 0 Ordinance on 151 Reading 0 Ordinance on 2nd Reading 0 Implementing Resolution 0 Set Public Hearing For FIRST TIME HOMEBUYER DOWNPAYMENT AND REHABILITATION LOAN PROGRAM '?v {24;a CITY MANAGER CONTINUED TO FILE NUMBER RECOMMENDED ACTION .. 1. Approve the First Time Homebuyer DownpaYffient and Rehabilitation Loan Program utilizing federal American Dream DownpaYffient Initiative funds under the HOME program and allocate $203,250 for program funding. Authorize the Executive Director of the Community Development Agency to execute all necessary documentation to implement the program. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION Recommended that the City Council: 1. Approve the First Time Homebuyer DownpaYffient and Rehabilitation Loan Program utilizing federal American Dream DownpaYffient Initiative funds under the HOME program and allocate $203,250 for program funding. 2 . Authorize the Executive Director of the Community Development Agency to execute all necessary documentation to implement the program. By a vote of 7:0 at its Regular Meeting of July 20, 2004. DISCUSSION In 2003 and 2004, the City received a funding allocation from the federal government to implement the American Dream DownpaYffient Initiative (ADD I) .rogram (Exhibit 1) funded by the HOME program. In April 2004, the egulations implementing the program were published. ADD I funds may be 19D-1 First Time Homebuyer DownpaYffient and Rehabilitation Loan Program August 2, 2004 Page 2 used to pay for downpaYffient and closing costs for first time homebuyers. Eligible participants must be first time homebuyers whose household income is at or below 80 percent of the area median income adjusted by household size. The purchase price of the home cannot exceed current limits as established or approved by the U.S. Department of Housing and Urban Development (HUD). Effective June 8, 2004, at the request of the City, HUD approved an increase in the maximum purchase price to $380,000. The program regulations limit the maximum loan amount to six percent of the purchase price or $10,000, whichever is greater. Loan funds will be offered as a deferred loan with a zero percent interest rate for a term of 45 years and will be secured by a recorded affordability agreement. To ensure successful homeownership, borrowers will be required to complete a pre-purchase and post-purchase housing counseling program and to open an impound account for insurance and property taxes. Borrowers will be required to provide up to three percent of the purchase price toward downpaYffient and/or closing costs. Preference will be given to Santa Ana residents and those employed in the City of Santa Ana. If the property requires rehabilitation in order to meet the program's property standards, HOME program funds can be used for property rehabilitation. The rehabilitation loan may be provided in an amount such that all loans combined will not exceed 110 percent of appraised after rehabilitation value. If the rehabilitation work includes remediation of hazardous substances, all but $2,500 will be forgiven at the time all rehabilitation is complete and the property is in compliance with all applicable building codes. RepaYffient of the City loan will be required when any of the following events take place: at the end of the term of affordabili ty, when the property is sold, or when the property is no longer the borrower's principal residence. In the event the borrower does not complete the post-purchase counseling program or bring the property into compliance with property standards within one year of the purchase, an interest rate equal to the 11th District Cost of Funds at the time the loan was made will be added to the outstanding balance, including costs associated with the remediation of hazardous substances. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the proposed program is not considered a project. No further action is required. 19D-2 First Time Homebuyer DownpaYffient ~nd Rehabilitation Loan Program WAugust 2, 2004 Page 3 FISCAL IMPACT Funds in the amount of $203,250 will be available in the HOME accounts (account nos. 130-01-5351 and 130-149-6291) . ~eœJL patricia C. Whitaker Executive Director Community Development Agency PCW/RL/kla .:ACtiOnS\2004CaFrstTmeHOmbyrDPRehabLnpgnn-S-2-04 . APPROVED AS TO FUNDS AND ACCOUNTS: ~ rJtfl.I/ . ~rPtt1A/ Rod R. Coloma Executive Directo Finance & Management Services Agency 19D-3 FIRST TIME HOMEBUYER DOWNPAYMENT AND REHABILITATION LOAN PROGRAM The City of Santa Ana seeks to ensure that its neighborhoods are attractive and well maintained. To achieve this goal, the City has designed the First Time Homebuyer Downpayment and Rehabilitation Loan Program ("Homebuyer/Rehab Program") to encourage long-term homeownership. This is a deferred loan program. The Program is designed and implemented in accordance with the American Dream Downpayment Initiative (ADDI) and HOME program and will be modified whenever necessary to ensure compliance with federal regulations and continued program feasibility. The Program will give priority to residents and those employed in the City of Santa Ana. To ensure successful homeownership, borrowers will be required to complete a pre-purchase and post-purchase housing counseling program with a U.S. Department of Housing and Urban Development (HUD)-approved or an affiliate of one of the HUD-funded National Intermediaries, and be required to open an impound account for insurance and property taxes. Borrowers will be required to provide up to three percent of the purchase price toward downpayment and/or closing costs. The maximum amount of the homebuyer loan is six percent of the purchase price or $10,000, whichever is greater. In addition to assisting with the acquisition, the Program provides funding for property rehabilitation. Elie:ibilitv Requirements Borrowers must be first time homebuyers. A first time homebuyer is an individual and his or her spouse who have not owned a home during the three-year period prior to purchase of a home under this program. The term includes displaced or divorced homemakers and single parents as defined in 24 CPR Part 92. Total annual income of the household, meaning all persons residing in the home as their principal place of residence, cannot exceed 80 percent of the area median income as determined by HUD. The following table identifies the Orange County HUD limits effective March 15,2004. Household Size Maximum Income Household Size Maximum Income 1 person $ 41,600 5 persons $ 64,100 2 persons $ 47,500 6 persons $ 68,900 3 persons $ 53,400 7 persons $ 73,600 4 persons $ 59,400 8 persons $ 78,400 In addition to meeting the housing counseling and downpayment requirements, borrowers must have a positive credit history and must obtain a fixed-rate loan. Co-signers and variable rate loans are not allowed. Gross household income of all adults who will make the home their principal residence will be used for underwriting purposes. Borrowers must agree to maintain EXHIBIT 1 Page 1 19D-4 . . . the home as their principal residence for the term of affordability, which is 45 years. Purchase of the property must result in fee simple title to the property, a 99-year leasehold interest in the property, or ownership of a condominium. Purchase of manufactured homes will not be allowed under this program unless the borrower will own the lot where the home is to be permanently fixed. The purchase price must not exceed the maximum approved by HUD. Effective June 8, 2004, at the City's request, HUD approved an increase in the maximum purchase price to $380,000. At the time of purchase the property must be free of code deficiencies and be in compliance with federal regulations governing lead-based paint as determined by an inspection conducted by the City of Santa Ana. If needed, lead-based paint testing may be required, and the cost for the testing will be an expense of the buyer. For properties not in compliance with these standards, owners must also be approved for a rehabilitation loan offered by the City of Santa Ana that is sufficient to meet rehabilitation costs as estimated by the City staff. Approval for a first-time homebuyer downpayment loan does not ensure approval for a rehabilitation loan. If the property does not meet property standards and the applicant does not qualify for a rehabilitation loan, then homebuyer funds will not be provided unless the applicant has funds available to pay for the rehabilitation costs. The maximum loan for rehabilitation purposes will be an amount such that all loans combined will not exceed 110 percent of appraised value (not including hazardous substance costs subject to forgiveness). If rehabilitation costs exceed the eligible loan amount, owners may choose to fund the rehabilitation with their own funds or with a combination of owner funds and loan funds. In such instances owner funds must be placed in a construction escrow account established for that sole purpose. The property must be brought into compliance no later than one year after purchase. If the rehabilitation work includes remediation of hazardous substances, all costs in excess of $2,500 will be forgiven at the time all required rehabilitation is completed and the City has determined that the property is in compliance with all applicable City Building Codes. Use of Loan Proceeds ADDI loan proceeds may be applied to downpayment and closing costs associated with the purchase of the home. Rehabilitation loan proceeds may only be applied to rehabilitation costs necessary to bring the property into compliance with all applicable City Building Codes. All work must be performed by licensed general contractors who are in compliance with City license and insurance requirements and who are not included on the debarment list maintained by HUD. All work must be performed in accordance with applicable federal, state and local regulations, including abatement or control of lead-based paint and asbestos. EXHIBIT 1 Page 2 19D-5 Interest Rates and ReDavment ADDI and rehabilitation loan proceeds not subject to forgiveness are offered as a deferred loan with a zero percent interest rate. Repayment of the City loan will be required when any of the following events take place: at the end of the term of affordability, when the property is sold, or when the property is no longer the borrower's principal residence. Repayment will be accelerated should the owner fail to show good faith in bringing the property into compliance with applicable building codes within one year of the purchase or in the event of any other breach of contract as stipulated in the affordability agreement. In the event of repayment due to noncompliance, an interest rate equal to the 11th District Cost of Funds at the time the loan was made will be added to the outstanding balance including costs associated with the remediation of hazardous substances. If the borrower does not complete a post- homeownership program, the same interest rate will be applied to the outstanding balance. The interest rate will be applied beginning one year from date of close of escrow and will continue until such time as proof of completion of post-homeownership training program is provided to the City. EXHIBIT 1 Page 3 19D-6