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2009-27181 ResoRESOLUTION NO. 2009-27181 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING AN AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2007108, 2008/09, AND 2009/10, TO INCORPORATE THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM (FLHOP), THE INITIATIVE THAT PROVIDES UP TO $8,000 IN PURCHASE ASSISTANCE TO FIRST TIME HOMEBUYERS ELIGIBLE TO RECEIVE THE FEDERAL FIRST TIME HOMEBUYER TAX CREDIT ESTABLISHED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AND AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND FURTHER AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act (the Act) on July 7, 1992, allocating a portion of new and existing documentary stamp taxes on deeds to local governments for development and maintenance of housing through the State Housing Initiatives Partnership (SHIP) Program; and WHEREAS, the Act requires that in order to qualify for funding, local governments prepare and submit a Local Housing Assistance Plan outlining how the funds will be used; and WHEREAS, On September 9, 2008, the City approved Resolution No 2008-268887 adopting a revision to Local Housing Assistance Plan (CHAP) for State fiscal years 2007/08, 2008/09, and 2009/10; and WHEREAS, during the 2009 regular legislative session, the Florida Homebuyer Opportunity Program (FLHOP) was created with the appropriation of $30 million statewide to be distributed through and operated under the SHIP program; and WHEREAS, the City of Miami Beach's share of the State's allocation is for the total sum of $43,691 to be encumbered by November 30, 2009; and WHEREAS, the FLHOP provides up to $8,000 in purchase assistance to first time homebuyers eligible to receive the federal first time homebuyer tax credit established through the American Recovery and Reinvestment Act of 2009, that must be repaid by the applicant with his/her federal tax refund, or within 36 months after the home purchase date; and WHEREAS, for eligible applicants, the maximum limit shall be the adjusted gross income of $75,000 for a single taxpayer household, and the adjusted gross income of $150,000 for joint-filing taxpayers household; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act F.S. 420.907-420.9079, Florida Statutes (1992) and Rule Chapter 67-37, Florida Administrative Code requires local governments to approve any amendment to their local housing assistance plan (Plan);. and WHEREAS, the Administration has prepared the draft Amendment to the Local Housing Assistance Plan covering State fiscal years 2007/08, 2008/09, and 2009/10, utilizing the format recommended by the Florida Housing Finance Corporation (FHFC), which incorporates the strategy of the current Local Housing Assistance Plan, and provides for the implementation of the FLHOP under a new strategy to be adopted within the local housing assistance plan (CHAP); and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve and adopt an Amendment to the Local Housing Assistance Plan in substantially the attached form, for the State Housing Initiatives Partnership (SHIP) Program for Fiscal Years 2007/08, 2008/09, and 2009/10, to adopt the FLHOP Strategy with technical changes, as required by State Rule 67-37-005, to advance the funds to eligible recipients in the amount of up to $8,000 or 10% of the home price (whichever is less) against the tax credit, and authorizing the necessary certifications by the Mayor and the City Clerk; and authorizing submission of the Amendment to the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. Passed and adopted this 9th day of September , 2009 ATTEST: MAYOR Matti Herrera Bower M~ ~W V ~~ CITY CLERK Robert Parcher T:WGENDA\2009\September 9\Consent\LHOP RESO.doc APPROVED AS TO FORM & LANGUAGE a~ ~'pR EXECUTION ~-rg~ `~ Date Condensed Title: COMMISSION ITEM SUMMARY A resolution approving and adopting an Amendment to the SHIP Program Local Housing Assistance Plan for Fiscal Years 2007/08, 2008/09, and 2009/10 to incorporate the Florida Homebuyer Opportunity Program (FLHOP). Key Intended Outcome Supported: Increase availability of workforce/affordable housing. Supporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Customer Satisfaction Survey, affordable housing was a concern for 82% of those surveyed. Issue: Shall the City adopt a resolution approving an Amendment to the SHIP Local Housing Assistance Plan to incorporate the Florida Homebuyer Opportunity Program (FLHOP), an initiative that will provide up to $8,000 in purchase assistance to first time homebuyers eligible to receive the federal first time homebuyer tax credit refund? item summa ircecommenaation: The State-required Local Housing Assistance Plan (CHAP) for administration of SHIP funds for State fiscal years 2007/08, 2008/09, and 2009/10, was adopted by the City Commission on April 11, 2007 and revised on September 10, 2008. The CHAP outlines housing strategies for down payment assistance to income-eligible first-time home buyers, rehabilitation of owner-occupied affordable housing; new construction to develop home ownership opportunities; rehabilitation of multi- family buildings for condominium conversion; rental housing development; and workforce housing acquisition and rehabilitation for very low, low, or moderate income households. Pursuant to SHIP Program guidelines and the City's CHAP, funds are to be used for rehabilitation, down payment assistance, closing cost assistance and home ownership training in relation to a Home Buyer Assistance Program to assist income eligible participants. The Florida Homebuyer Opportunity Program (FLHOP) was created during the 2009 regular legislative session to provide financial assistance to first time homebuyers eligible to receive the federal first time homebuyer tax credit of up to $8,000 or 10% of the home price, whichever is less, established through the American Recovery and Reinvestment Act of 2009. The City's award for this initiative is $43,691 and serves as the SHIP FY2009/10 allocation. Previous annual SHIP allocations have averaged in the $500,000 range. This year's award will allow the City to provide financial assistance to a maximum of five families. The loans provided to eligible sub-recipients are considered deferred loans payable back to the City within established terms. The Administration recommends that the Mayor and the City Commission adopt the attached Resolution approving the amendments to the Local Housing Assistance Plan adopting the FLHOP Strategy with technical changes, and authorizing submission of the Amendment to the CHAP, as required by State Rule 67-37-005, to implement the Florida Housing Opportunity Program. Advisory Board Recommendation: N/A rinanc~ai mrormation: Source of Funds: Amount Account Approved 1 2 SHIP 3 Program 4 OBPI Total Financial Impact Summary: ~.n wrrR a vrnce ~e isiatrve i racKm Anna Parekh Sign-Offs: Department Director A an 'ty anager City Man er AP HF G JMG/HMF/AP/MS T:\AGENDA\2009\September 9\Consent\LHOP Summary.doc m MIAMIBEACH ~~ AGENdA ITEM ~ 7 DATE D m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, vrww.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Com fission From: Jorge M. Gonzalez, City Manager Date: September 9, 2009 Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING AN AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS 2007/08, 2008/09, AND 2009/10, TO INCORPORATE THE FLORIDA HOMEBUYER OPPORTUNITY PROGRAM (FLHOP), THE INITIATIVE THAT PROVIDES UP TO $8,000 IN PURCHASE ASSISTANCE TO FIRST TIME HOMEBUYERS ELIGIBLE TO RECEIVE THE FEDERAL FIRST TIME HOMEBUYER TAX CREDIT ESTABLISHED THROUGH THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009; AND AUTHORIZING THE NECESSARY CERTIFICATIONS BY THE MAYOR AND THE CITY CLERK; AND FURTHER AUTHORIZING SUBMISSION OF THE AMENDMENT TO THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING FINANCE CORPORATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. ANALYSIS The State Housing Initiatives Partnership (SHIP) Act, F.S. 420.907-420.9079, Florida Statutes (1992) and Rule Chapter 67-37, Florida Administrative Code requires local governments to approve any amendment to their Local Housing Assistance Plan when the City wishes to add a funding strategy. Created during the 2009 legislative session, the Florida Homebuyer Opportunity Program (FLHOP) was approved to provide up to $8,000 in purchase assistance to first time homebuyers eligible to receive the federal first time homebuyer tax credit established though the American Recovery and Reinvestment Act of 2009. Eligible single taxpayer households have a maximum adjusted gross income of $75,000. Eligible joint-filing taxpayer households have an adjusted gross income of $150,000. There is no requirement to reserve funds for low-income households, and there is no requirement to expend funds for construction or rehabilitation. This fiscal year, the State is requesting entitlement communities to incorporate the FLHOP into their SHIP strategies. The FLHOP will be administered through the SHIP program offices located in all 67 counties and 53 CDBG entitlement cities. The City of Miami Beach's Memo to Commission/CHAP Amendment September 9, 2009 Page 2 of 2 FY2009/10 award for this initiative is $43,691. This award will enable the City to provide purchase assistance of up to $8,000 in the form of a loan to approximately five eligible applicants. The successful homebuyer applicants must repay the loan with their federal tax returns, or within 36 months after loan closing. Recapture terms will be included in the Mortgage and Note as a lien against the property. FLHOP loan repayments received during the period when there is still an active homebuyer tax credit program must be utilized by the entitlement community to assist additional FLHOP buyers. The homebuyer tax credit program is anticipated to end on November 30, 2009, although it might be extended beyond this date. Any FLHOP loan repayments received after the tax credit program ceases will be considered program income and may be spent on any eligible SHIP strategy. Any FY2009/10 SHIP/FLHOP funding which remain unspent by entitlement communities by the expiration of the FLHOP initiative will revert to regular SHIP funding and may be utilized for activities which do not require participation in the FLHOP program. Regular SHIP funding strategies allow for income-eligible first-time home buyer assistance, rehabilitation of income-eligible owner-occupied rehabilitation, and housing counseling services. The City is allowed to receive up to 10% of the total allocation for administrative expenses for the implementation and monitoring of the program. As a separate Commission item, a recommendation is being made for the award of the FY2009/10 funding to a sponsor for program implementation. CONCLUSION The Administration recommends that the CHAP be amended in accordance with the State's guidelines and will make every effort to implement the FLHOP strategies and expend the funding prior to the expiration of the program. JMG/HMF/AP/MS T:WGENDA\2009\September 9\ConsentlLHOP Memo.doc DRAFT i ~ E ~~ ~ ~ SHIP LOCAL HOUSING ASSISTANCE PLAN (CHAP) FISCAL YEARS COVERED 2007-2008 2008-2009 2009-2010 City of Miami Beach CHAP September 9, 2009 -1- I. PROGRAM DESCRIPTION: A. Name of the participating local government: City of Miami Beach Interlocal: Yes No: X B. Purpose of the program: 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 local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: 2007-2008 2008-2009 2009-2010 D. GOVernance: Chapter67-37.005(3) and (5)(i)F.A.C.and Section 420.907J(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. Cities and Counties must at all times be in compliance with applicable statutes and rules: 420.907-9079 F.S., and Chapter 67-37, F.A.C. The SHIP Program does further the housing element of the local government Comprehensive Plan. E. Local Housing Partnership: sectton 4ao.9o~2(~)(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 Miami Beach works closely with its designated Community Housing Development Organization (CHDO), as well as other local groups involved in local housing activities, in the development of its Local Housing Assistance Plan. F. Leveraging: The Plans are intended to increase the availability of affordable residential units by combining local resources and cost saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds maybe leveraged with or used to supplement other Florida Housing Finance Corporation programs and to City of Miami Beach LHAP September 9, 2009 -2- provide local match to obtain federal housing grants or programs. The City of Miami Beach is an Entitlement Community which receives HOME and CDBG funds from the U.S. Department of Housing and Urban Development (HUD) that will be used, in combination with other local funds, to leverage the SHIP funds and reduce the cost of housing in the City. G. Public Input: Public input was solicited through face to face meetings with housing providers, social service providers, local lenders and neighborhood associations through public hearings conducted in conjunction with the City's Five Years Consolidated Plan. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability (NOFA). H. Advertising and Outreach: The City advertises the NOFA in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning of the application period. I. Discrimination: In accordance with the provisions of ss.760.20-760.37, the City of Miami Beach does not discriminate on the basis of race, creed, religion, color, age, sex, sexual orientation, marital status, familial status, national origin, or handicap in the award application process for eligible housing. J. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: homeownership counseling (pre and post), credit counseling, tenant counseling, transportation, legal Counseling, health and psychological services, employment and training, consumer credit and fair housing. The City of Miami Beach, as a sponsor receiving SHIP Program funds, will be required to offer Home Ownership Training to prospective homebuyers. Home Ownership Training will help to assist and prepare homebuyers for the acquisition and ownership of a home. Counseling services will be provided on a group and individual basis covering the following topics: the home buying process; finding money for adown-payment; dealing with financial crisis; how to set up a budget; the importance of good credit; dispute resolution; and how to maintain a home. Home Ownership Training must meet the standards set by U.S. HUD. K. Purchase Price Limits: 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- City of Miami Beach LHAP September 9, 2009 -3- 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 can be lower, but may not exceed 90% of the median area purchase price established by the U.S. Treasury Department or any other independent study. The methodology used is: Independent Study (copy attached) U.S. Treasury Department X Bond Study Numbers provided by Florida Housing Finance Corporation The purchase price limit for new and existing homes: $429,619.50 (as of Sept. 2, 2008) L. Income Limits, Rent Limits, and Affordability: 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. M. Welfare Transition Program: 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 employed personnel from the Welfare Transition Program will be given preference in the selection process. N. Monitoring and First Right of Refusal: 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, whichever is longer. City of Miami Beach LHAP September 9, 2009 -4- Eligible sponsors that offer rental housing for sale before 15 years or that have other remaining mortgages funded under the SHIP 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: 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 Miami Beach finds that the moneys deposited in the local housing assistance trust fund shall be used to administer and implement the local housing assistance plan. In accordance with Chapter 67-37, Florida Administrative Code, the cost of administering the plan does not exceed 5 percent of the local housing distribution moneys and program income deposited into the trust fund. The cost of administering the program may not exceed 10 percent 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 ofMiami Beach has adopted the above findings in the attached Resolution, Exhibit E. P. PROGRAM ADMINISTRATION: Administration of the Local Housing Assistance Plan is the responsibility of the City of Miami Beach. The City of Miami Beach's Housing and Community Development Division will be the primary agency responsible for carrying out the strategies under the SHIP Housing Assistance Plan. The City anticipates that it will use a sponsor to carry out program activities. In order to identify a sponsor, the City will issue a Competitive Notice of Funding Availability (NOFA) for various not-for-profit and for-profit builders/developers to participate in the program. Through the NOFA process, the City will ascertain the highest and best use of the funds in accordance with the guidelines outlined in this Plan. Selection criteria will include, but may not be limited to: (1) Ability to provide strong construction management practices and to provide first quality materials, including landscaping if applicable (2) Ability to perform all applicant selection and income certification processes in accordance with local, state, and federal regulations City of Miami Beach LHAP September 9, 2009 -5- (3) Ability to comply with the City's reporting requirements (4) Total project cost (5) Total number of units (6) Leveraging (7) Ability to conform to the City's plan for spatial de-concentration (8) Ability to provide homeowners with Home Ownership Counseling (9) Ability to provide individualized training to homebuyers on issues such as home maintenance and budgeting (10) Ability to demonstrate that the organization participates in the WAGES and Workforce Development Initiative Program The Housing and Community Development Division will review all responses to the NOFA to ensure compliance with the requirements of the NOFA as well as under applicable Florida Statutes, the SHIP Ordinance, Resolutions and this Plan. All eligible applications will be submitted to the City's Loan Review Committee. The Committee will review all applications in accordance with the criteria as outlined in the NOFA. Q. Essential Service Personnel In accordance with Rule Chapter 67-37.002(8) F.A.C. and Chapter 67-37.005(8), F.A.C. and Section 420.9075(3)(a) FS, "Essential Service Personnel" are defined as income- Eligible employees of Miami Beach businesses and organizations in the following Industries: a. Accommodations and Food Services (including arts, entertainment and recreation), b. Retail Trade, c. Public Administration (including City of Miami Beach employees), d. Health Care, e. Education (including public school district employees). City of Miami Beach LHAP September 9, 2009 -6- II. LHAP HOUSING STRATEGIES: NOTE: In the event preference is given to Essential Service Personnel, plan text must so state pursuant to Chapter 67-37.005(8), F.A.C. A. Housing Rehabilitation (Code 3): a. Summary of the Strategy: Rehabilitation of single family, first time home buyer or owner-occupied housing. The Program will provide rehabilitation assistance to very low, low, and moderate income owner occupied single family housing located within the corporate limits of the City of Miami Beach. Up to fifty (50) percent of the funds will be targeted to assist Program participants who are Essential Service Personnel, as defined on Section I (Q) of this Plan. If the demand for assistance from this target population is not sufficient to fully utilize these funds, the balance of the funds will be used to assist participants who are not from the target group. "Rehabilitation" will be defined as repairs or improvements that are needed for safe or sanitary habitation, correction of substantial code violations, or the creation of additional living space. Housing rehabilitated with SHIP funds must meet all applicable local codes, rehabilitation standards and ordinances, including, but not limited to, zoning ordinances. All projects must comply with the South Florida Building Code, the Miami-Dade County Building Code, and the City of Miami Beach Building Code. Additionally, all projects must comply with all other applicable laws, rules and regulations. The City intends to exercise flexibility in determining whether condominium units for this strategy may be purchased/rehabilitated at individual sites or to allow the purchase/rehabilitation of several units in one building, not to exceed more than one fifth of the units in the building. In general, the City will stress the need for the spatial deconcentration of assisted housing units throughout the City. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10 c. Income Categories to be served: Eligible persons households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current City of Miami Beach LHAP September 9, 2009 -7- mortgage payment and/or interest rate, or shortens the term of the loan. No cash-out will be allowed. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% may be low-income applicants and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of the City of Miami Beach. B. New Construction (Code 10): a. Summary of the Strategy: To develop home ownership opportunities, the City will assist very low, low, and moderate income buyers and persons with special needs to purchase affordable housing in Miami Beach. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 e. Terms, Recapture and Default. Fifteen (15) years deferred payment loan at 0% interest. Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate, or shortens the term of the loan. No cash-out will be allowed. Additionally, if the unit is sold prior to the extinction of the affordability period, part of the equity produced by the sale shall be also reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50% of the profit shall be paid to the City; if the unit is sold between the eleventh and the fifteenth year, 25% of the profit shall be paid to the City. Furthermore, in case of foreclosure, or selling of the housing unit before 15 years, or that have remaining mortgages funded under this Program, owner must give a first right of refusal to the City, or such eligible nonprofit organizations as the City may designate, for purchase at City oTMiami Beach LHAP September 9, 2009 ~g- the current market value for continued occupancy by eligible persons. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% could be low-income applicants and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. g. Sponsor Selection Criteria: See Section I (P). h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of Miami Beach. All prospective housing units must be either vacant or owner-occupied at the time of initial purchase. All sponsors receiving SHIP funds will be required to offer Home Ownership Training to prospective homebuyers -See Section I (J)-. C. Closing Costs and Down Payment Assistance (Code 2): a. Summary of the Strategy: Closing costs and down payment assistance will be made available for the purchase of scattered sites units (e.g. condominium units) undertaken by a selected sponsor, thus providing affordable home ownership opportunities to qualified persons. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10 c. Income Categories to be served: Eligible persons/households that are very low, low or moderate income. See Section I (L). d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 for moderate income sub-recipients; $60,000 for very low and low-income sub-recipients. Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% interest. Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Not withstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate, or shortens the term of the loan. No cash-out will be allowed. Additionally, if the unit is sold prior to the extinction of the affordability period, part of the equity produced by the sale shall be also reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50% of the profit shall be paid to the City; if the unit is City of Miami Beach LHAP September 9, 2009 -9- sold between the eleventh and the fifteenth year, 25% of the profit shall be paid to the City. Furthermore, in case of foreclosure, or selling of the housing unit before 15 years, or that have remaining mortgages funded under this Program, must give a first right of refusal to the City, or such eligible nonprofit organization as the City may designate, for purchase at the current market value for continued occupancy by eligible persons. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% may be low-income applicants; and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist Program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of the City of Miami Beach. All prospective housing units must be either vacant or owner-occupied at the time of initial purchase. All sponsors receiving SHIP funds will be required to offer Home Ownership Training to prospective homebuyers (See Section I (J) of this Plan). D. Rehabilitation of Multi-family Buildings for Condominium Conversion (Code 1): a. Summary of the Strategy: Rehabilitation of vacant multi-family buildings to be converted into condominium units to be offered to income eligible participants. In buildings with ten (10) or less units all the units will be provided to income eligible participants in the homebuyer program. In buildings with more than ten (10) units, up to forty percent of the units will be provided through the program and the balance of the units could be sold at market rate. Any profits in an eligible project will be utilized to provide additional homeownership opportunities. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See Section I (L) of this Plan. d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% interest. Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the City of Miami Beach LHAP September 9, 2009 -)(0- first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate, or shortens the term of the loan. No cash-out will be allowed. Additionally, if the unit is sold prior to the extinction of the affordability period, part of the equity produced by the sale shall be also reimbursed to the City as follows: If the unit is sold between the first and the tenth year, 50% of the profit shall be paid to the City; if the unit is sold between the eleventh and the fifteenth year, 25% of the profit shall be paid to the City. Furthermore, in case of foreclosure, or selling of the housing unit before 15 years or that have remaining mortgages funded under this Program, must give a first right of refusal to the City or eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% may be low-income applicants, and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist Program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Eligible housing must be located within the corporate limits of the City of Miami Beach. All prospective housing units must be either vacant or owner-occupied at the time of initial purchase. All sponsors receiving SHIP funds will be required to offer Home Ownership Training to prospective homebuyers (See Section I (J) of this Plan). E. Rental Housing Development (Code 12): a. Summary of the Strategy: SHIP Program funds will be made available towards the rehabilitation of vacant multi-family buildings to be converted into rental units to be offered to income-eligible participants. In buildings with ten (10) or less units all the units will be provided to income eligible participants in the program. In buildings with more than ten units, up to forty percent of the units will be provided through the Program in accordance with the SHIP Rule and defined percentages of funding allowed for rental units. The balance of the units will be distributed in accordance to other funding sources rules and regulations. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10. c. Income Categories to be served: Eligible persons households that are very low, low or moderate income. See Section I (L) of this Plan. City of Miami Beach LHAP September 9, 2009 -ll- d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 per rental unit. e. Terms, Recapture and Default: A Fifteen (15) year deferred payment loan at 0% interest. Full balance of the SHIP subsidy will be due if the property is sold or transferred. Eligible sponsors that offer rental housing for sale before the fifteen (15) years or that have remaining mortgages funded under this Program, must give a first right of refusal to the City or to an eligible nonprofit organization for purchase at the current market value for continued occupancy by income-eligible persons. Furthermore, if the unit is sold prior to the extinction of the 15 year affordability period, part of the equity produced by the sale shall be also reimbursed to the City as follows: If the building is sold between the first and the tenth year, 50% of the profit shall be paid to the City; if the building is sold between the eleventh and the fifteenth year, 25% of the profit shall be paid to the City. f. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as stipulated in the applicable Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% can be low-income applicants, and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist Program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of Miami Beach. All prospective housing units must be either vacant or owner-occupied at the time of initial purchase. F. Workforce Housing (Codes 12 & 1): a. Summary of the Strategy: Acquisition/Rehabilitation of multifamily buildings to provide rental units to Essential Service Personnel. Down payment, closing costs and rehabilitation assistance will be also provided to Essential Service Personnel (as defined in Section I (Q) of this Plan) for the purchase of scattered housing that will be occupied as their primary residence. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10. c. Income Categories to be served: For the segment of SHIP funding in the project, the Program will serve eligible persons/liouseholds that are very low, low, or moderate income (up to 120% AMI). Other funding sources will be also available to applicants at or below 120% AMI. See Section I (L) of this Plan. Income categories for services provided under other funding sources, could be up to 140% of Area Media Income or as determined by the criteria of such sources. City of Miami Beach LHAP September 9, 2009 -12- d. Maximum award is noted on the Housing Delivery Goals Charts: $40,000 of SHIP funds per rental/first time homebuyer unit. e. Terms, Recapture and Default: A Fifteen (15) year deferred payment loan at 0% interest. Full balance of the SHIP subsidy will be due if the property is sold or transferred. Eligible sponsors or first time homebuyers that offer rental/home ownership housing for sale before the fifteen (15) years or that have remaining mortgages funded under this Program, must give a first right of refusal to the City or to an eligible nonprofit organization for purchase at the current market value for continued occupancy by income-eligible persons. Furthermore, if the unit is sold prior to the extinction of the 15 years affordability period, part of the equity produced by the sell shall be also reimbursed to the City as follows: If the building is sold between the first and the tenth year, 50% of the profit shall be paid to the City; if the building is sold between the eleventh and the fifteenth year, 25% of the profit shall be paid to the City. If CWHIP funds are invested in a building, award of CWHIP funds by the City will be in the form of a deferred payment loan secured by a Restrictive Covenant, or other recordable instrument. If the building is sold or transferred, the full CWHIP subsidy plus any interest or percentage of equity specified in the recorded instrument shall be returned to the City. Recapture of CWHIP funds used for the acquisition and/or rehabilitation of the assisted rental buildings will be as follows: if the total amount of CWHIP funds invested in the acquisition and/or rehabilitation of a building is up to $500,000 it will have a recapture period of thirty (30) years; if the total amount of CWHIP funds invested in the acquisition and/or rehabilitation of a building is more than $500,000 it will have a recapture period of fifty (50) years. f. Recipient Selection Criteria: All recipients of SHIP assistance must meet the eligibility requirements as stipulated in applicable Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected from a waiting list on a first come, first ready basis. According to the SHIP Program regulations, 30% of the total number of recipients of assistance must be very low income applicants; 30% may be low-income applicants, and the balance will be assigned to moderate income applicants. Up to 50% of the funds will be targeted to assist Program participants who are Essential Service Personnel as defined in Section I (Q) of this Plan. Recipients of other funding will meet the eligibility requirements of each respective funding source. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of the City of Miami Beach. All prospective housing units must be either vacant orowner-occupied at the time of initial purchase. City of Miami Beach LHAP September 9, 2009 -13- G. Disaster Repair/Mitigation: (Code 5) a. Summary of the Strategy: Only in the event of a natural disaster as declared by executive order, the City will commit up to $50,000 in unencumbered SHIP funding in any given year, as well as any other additional disaster funds that may become accessible through the Florida Housing Finance Corporation or any other emergency funding sources. Disaster funds may be used, but not limited to, as follows: 1) Purchase of emergency supplies for eligible households to weatherproof damaged homes; 2) Interim repairs to prevent further damage, tree and debris removal required to make the housing unit habitable; 3) Payment of insurance deductibles for rehabilitation of homes covered under homeowners' insurance policies; 4) Other activities as proposed by the Federal Government, counties and eligible municipalities and approved by Florida Housing Finance Corporation. b. Fiscal Years Covered: 2007/08, 2008/09 and 2009/10 c. Income Categories to be served: Eligible persons/households that are very low, low, or moderate income. See also Section I (L) of this Plan. d. Maximum award as noted on the Housing Delivery Goals Charts: $2,500 per recipient. e. Terms, Recapture and Default: Fifteen (15) years deferred payment loan at 0% interest. Full balance due if property is sold, rented, refinanced or the property fails to be the primary residence during the fifteen years term. Notwithstanding the previous restrictions, the owner shall be allowed to refinance without being subject to the provisions set forth therein so long as the amount of the refinancing does not exceed the then outstanding balance of the first mortgage. Subordination will only be approved if the refinancing will lower the current mortgage payment and/or interest rate, or shortens the term of the loan. No cash-out will be allowed. f. Recipient Selection Criteria: All recipients of assistance must meet the applicable eligibility requirements as stipulated in the Florida Statutes, the SHIP Rule, and this Plan. Applicants will be selected on a first come, first eligible basis. Recipients of SHIP disaster strategy funds shall verify income by executing a disaster self certification of income form. g. Sponsor Selection Criteria: See Section I (P) of this Plan. h. Additional Information: Mobile homes and trailers are not eligible for this strategy. Eligible housing must be located within the corporate limits of the City of Miami Beach. City of Miami Beach LHAP September 9, 2009 -14- III. LHAP INCENTIVE STRATEGIES In addition to Strategy A and Strategy B listed below, list all incentives as provided in 420.9076(4) FS. 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. Established policy and procedures: This incentive gives priority to designated affordable housing projects when scheduling pre-design conferences with relevant City agencies including, but not limited to: Fire, Planning and Zoning, Building, Historic Preservation, and the Housing and Community Development Division of the Neighborhood Services Department. Also, when the plans are ready for permitting, first priority is given to them; further, the City has developed a form to identify the projects reviewed by the Housing Division. The incentive was enacted by administrative action on February, 1997. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Established policy and procedures: Prior to the adoption of any proposed policy, procedure, ordinance, development plan, regulation, or Comprehensive Plan amendment that might impact housing, the City evaluates its potential effect and cost on affordable housing. The Housing and Community Development Division may provide proposed Legislation to applicable City boards and committees for their review. The incentive was enacted by administrative action on February, 1997. IV. INCENTIVE STRATEGY REGARDING FLORIDA HOMEBUYER OPPORTUNITY PROGRAM (FLHOP) Summary of the Strategy: This strategy is designed in response to the legislative proviso requiring SHIP local governments to expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through The American Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the income tax refund the homebu, er is entitled to under the First Time Homebuyer Credit The state program is called the "Florida Homebuyer Opportunity Program (FLHOP) " City of Miami Beach LHAP September 9, 2009 -15- Fiscal Years Covered: 2009/2010 until expiration of the Florida Homebuyer Opportunity Program Tax Credit. Income Categories to be served: Up to $75,000 for single taxpayers or $150,000 for ioint filers. There is no requirement to reserve 30 percent of the funds for awards to ver 1~ ow_ income persons or 30 percent of the funds for awards to low-income persons; and there is no requirement to expend 75% of funds for construction, rehabilitation or emergency repair. Maximum award: The maximum award is the principal balance of the loan provided it shall not exceed 10% of the purchase price or $8,000 whichever is less. Terms, Recapture and Default: The homebuyer shall be expected to use their federal income tax refund to fully repay the loan. If the City receives repayment from the homebuyer within 36 months after the closing date of the loan, the City shall waive all interest charges. The recapture terms will be included in the Mortgage and Note as a lien against said property. Recipient Selection Criteria: Recipients must meet the following requirements:. The maximum income limit shall be the Adiusted Gross Income of $75,000 for sin lg e taxpayer household or $150,000 for ioint-filing taxpayer household which is equal to that permitted bX the American Recovery and Reinvestment Act of 2009. City of Miami Beach LHAP September 9, 2009 -16- Exhibit A ADMINISTRATIVE BUDGET City of Miami Beach [.HAP September 9, 2009 -17- Exhibit B TIMELINE City of Miami Beach LHAP September 9, 2009 -18- Exhibit C HOUSING DELIVERY GOALS City of Miami Beach LHAP September 9, 2009 -19- Exhibit D CERTIFICATION PAGE City of Miami Beach LHAP September 9, 2009 -20- Exhibit E ADOPTING RESOLUTION City of Miami Beach LHAP September 9, 2009 -21- Exhibit F PROGRAM INFORMATION SHEET T:WGENDA\2009\September 9\Consent\LHOP Amend LHAP -DRAFT DOC City of Miami Beach LHAP September 9, 2009 - 22 -