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2015-29081 Reso RESOLUTION NO. 2015-29081 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING A TECHNICAL REVISION TO THE CITY'S LOCAL HOUSING ASSISTANCE PLAN (LHAP), RAISING THE MAXIMUM DOWN PAYMENT ASSISTANCE FOR VERY LOW INCOME HOUSEHOLDS SERVED THROUGH THE FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM TO $100,000, FOR THOSE HOUSEHOLDS SERVED WITH STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) FUNDS THAT EXPIRE SEPTEMBER 30, 2015; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE TECHNICAL REVISION TO FLORIDA HOUSING FINANCE CORPORATION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH ELIGIBLE SHIP RECIPIENTS. WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, on April 17, 2013, pursuant to Resolution No. 2013-28178, the Mayor and City Commission approved and adopted a City of Miami Beach LHAP for Fiscal Years 2013/2014, 2014/2015 and 2015/2016, pursuant to the requirements of the Act and the SHIP Program Rule, issued by the Florida Housing Finance Corporation (FHFC); and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the City of Miami Beach LHAP strategy for providing homebuyer down payment assistance is limited to a maximum of$60,000 per individual household assisted; and WHEREAS, housing market conditions have caused home purchase prices to increase to a level that precludes very low-income individuals and families from purchasing properties; and WHEREAS, in order to be program compliant, the SHIP Program requires the City to provide at least 30% of its program funds allocation to assist very low-income participants; and WHEREAS, the City wishes to raise the maximum amount of assistance for eligible very low- income program participants to $100,000. 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 authorize a technical revision to the City's Local Housing Assistance Plan (LHAP), raising the maximum down payment assistance for very low-income households served through the first- time homebuyer assistance program to $100,000, for those households served with State Housing Initiatives Partnership Program (SHIP) funds that expire September 30, 2015; authorize the City Manager to execute all applicable documents and submit the technical revision to Florida Housing Finance Corporation; and further authorize the Mayor and City Clerk to execute agreements with eligible SHIP recipients. Passed and adopted this 7 day of J!/� / , 2015. Aii, Philip Lev' ATTEST: BEI 44i Adi 7 N� �•••• ••.'S' �4 APPROVED AS TO Rafael " . Grana• ., City Clerk . $ FORM & LANGUAGE & FO EXECUTION 0 OWED.: d'Op ■ it 1:INCOP \ / # a „____ igli) (5- #, 4i... / ....-�� City •'"orney j Date \eqb.----.41;.......................,,.•;:\2 T:IAGENDA120151JuIy 81SHIPHomebuyer AwardlncreaseRESO COMMISSION ITEM SUMMARY Condensed Title: A Resolution adopting a technical revision to the City's Local Housing Assistance Plan (LHAP) increasing down payment assistance to very low income households to $100,000; authorizing the City Manager to submit the revision to Florida Housing Finance Corporation; and authorizing the execution of , agreements with eligible SHIP recipients Key Intended Outcome Supported: N/A Supporting Data: Community Satisfaction Survey: N/A Item Summary/Recommendation: The City receives State Housing Initiatives Partnership (SHIP) Program funds. SHIP funds have very specific expenditure rules including that at least 65 percent of funds must enable home ownership for eligible persons residing in very low-and low-income households. While our Local Housing Assistance Plan (LHAP) provides up to $60,000 in down payment and rehabilitation assistance to first-time homebuyers, current market conditions have made it difficult to match very low- and low-income households with units. While most qualified households are obtaining mortgage approvals valued at around $50,000, the marketplace is asking in excess of $100,000 for studio units. Staff has been working with local area mortgage companies, lenders and development corporations to leverage resources and serve the prerequisite households seeking homeownership. While purchase assistance of$100,000 is significant, it is necessary if the City is going to satisfy SHIP's regulatory requirements. Based on current income limits, a very low-income, two-person household cannot have income exceeding $27,100, and a low-income household cannot have income exceeding $43,350. Without the proposed assistance, these targeted households could not make a home purchase and, subsequently, the City would not comply with expenditure and program outcome goals. Staff will monitor applications to provide only the necessary assistance to bridge the gap between the maximum bank mortgage and the remaining amount of down payment required to complete the acquisition. Furthermore, once the City reaches its September 30'2015 compliance requirement for the expenditure of funds, this strategy can be re-evaluated to determine if it should remain in place based on market conditions and program rules. Financial Information: Source # Grant Name/Project Approx. Approximate of Award Match Funds Amount Amount/ Source SHIP Account- 152.5721.000349 $251,576 N/A Financial Impact Summary: N/A City Clerk's Office Legislative Tracking: Maria L. Ruiz, Department Director, Office of Housing and Community Services, Extension 6491 Sign-Offs: Department Director Assistant City Manager City Manager Al MIAMI BEACH AGENDA ITEM R; H DATE 3 8 l S MIAMI B EAC H City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members the City C•;r'emission FROM: Jimmy L. Morales, City Manager _ DATE: July 8, 2015 SUBJECT: A RESOLUTION OF THE MA OR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING A TECHNICAL REVISION TO THE CITY'S LOCAL HOUSING ASISTANCE PLAN (LHAP) RAISING THE MAXIMUM DOWN PAYMENT ASSISTANCE FOR VERY LOW INCOME HOUSEHOLDS SERVED THROUGH THE FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM TO $100,000 FOR THOSE HOUSEHOLDS SERVED WITH STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM (SHIP) FUNDS THAT EXPIRE SEPTEMBER 30, 2015; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL APPLICABLE DOCUMENTS AND SUBMIT THE TECHNICAL REVISION TO FLORIDA HOUSING FINANCE CORPORATION; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH ELIGIBLE SHIP RECIPIENTS. ADMINISTRATION RECOMMENDATION Approve the resolution. BACKGROUND The City is a recipient of State Housing Initiatives Partnership (SHIP) Program funds. SHIP funds were created via the William E. Sadowski Affordable Housing Act on July 7, 1992 as a means of stimulating the production of affordable housing. Funds are derived from documentary stamp taxes on deeds and then allocated to local governments. SHIP funds have very specific expenditure rules including: • At least 75 percent of the funds made available to each municipality must be reserved for construction, rehabilitation, or emergency repair of affordable, eligible housing. • At least 30 percent of the funds must be reserved to benefit very low-income households. • At least 65 percent of funds made available to each municipality must be reserved for home ownership for eligible persons residing in very low- and low-income households. Please note that the percentage thresholds are overlapping and equal greater than 100 percent. The City is required to submit its Local Housing Assistance Plan (LHAP) to the State every three years. The LHAP establishes the strategies employed by the City to properly expend SHIP funds. The City's latest LHAP was amended by the City Commission via Resolution 2014-28824 and includes the following expenditure strategies: City Commissioner Memorandum—SHIP Homebuyer Award Increase July 8,2015 Page 2 • Housing rehabilitation of single family, owner-occupied housing • Disaster Mitigation Recovery (a strategy that allows the use of SHIP funds for home repair in the event of a disaster declaration) • New construction of home ownership opportunities • Down payment and closing cost assistance with rehabilitation (providing first-time homebuyers with cash assistance for acquisition and rehabilitation of acquired homes) • Rental housing development (acquisition and rehabilitation of multi-family affordable housing) While the City has had relatively little or no SHIP funds for several years, the revitalized real estate market appears to be trending upwards and the City expects to receive increasing allocations. SHIP funds must be expended within two years of receipt. SHIP administration funds were recently capped at three (3) percent of award requiring the leverage of other resources for program administration. ANALYSIS The SHIP program has very specific expenditure guidelines that have posed challenges in our community. While our LHAP provides up to $60,000 in down payment and rehabilitation assistance to first-time homebuyers, the SHIP program's threshold of expending 65 percent of funds on very low- and low-income households has made it difficult to match eligible households with current market units. While most qualified households are obtaining mortgage approvals valued at around $50,000, the marketplace is asking in excess of $100,000 for studio units. Staff has been working with local area mortgage companies, lenders and development corporations to leverage resources and serve the prerequisite households seeking homeownership. While purchase assistance in the amount of $100,000 is significant, it is necessary if the City is going to satisfy SHIP's regulatory requirements. Based on current income limits, a very low-income, two- person household (the maximum number likely to purchase an efficiency or 1-bedroom unit), cannot have income exceeding $27,100, and a low-income household cannot have income exceeding $43,350. Based on the industry standard of a monthly mortgage payment not exceeding thirty (30) percent of income, the monthly payments for these households would be $678 and $1,084, respectively. Without the proposed assistance, these targeted households could not make a home purchase and, subsequently, the City would not comply with expenditure and program outcome goals. Even though the proposed assistance would allow as much as $100,000 in financing support, not all applicants would receive this amount. Staff will monitor applications to provide only the necessary assistance to bridge the gap between the maximum bank mortgage and the remaining amount of down payment required to complete the acquisition. As a reminder, the City will secure its contribution via mortgage. Furthermore, once the City reaches its September compliance requirement for the expenditure of funds, this strategy can be re-evaluated to determine if it should remain in place long term based on market conditions and program rules. CONCLUSION The proposed adjustment to the City's SHIP purchase assistance strategy (purchase acquisition and rehabilitation) is necessary in order for the City to satisfy regulatory requirements or potentially face recapture of the funds by the State. Therefore, approval of this technical revision to the City's SHIP Program Local Housing Assistance Plan is recommended. JLM/KGB/MLR T:WGENDA\2015\July\HOUSING&COMMUNITY SERVICES/SHIP Homebuyer Award Increase Memo