2016-29663 Reso RESOLUTION NO. 2016-29663
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
TECHNICAL REVISIONS TO THE STATE HOUSING INITIATIVES
PARTNERSHIP (SHIP) PROGRAM LOCAL HOUSING ASSISTANCE PLAN
(LHAP)THAT INCREASE THE AMOUNT OF ASSISTANCE PROVIDED TO
ELIGIBLE PARTICIPANTS, AND THE AMENDMENT TO THE LHAP THAT
ADDS A NEW ASSISTANCE STRATEGY WHICH ALLOWS THE CITY TO
PURCHASE, REHABILITATE, AND RESELL PROPERTIES TO ELIGIBLE
HOUSEHOLDS TO BECOME HOMEOWNERS; AUTHORIZING
EXECUTION OF ANY NECESSARY CERTIFICATIONS BY THE MAYOR
AND THE CITY CLERK; AND FURTHER AUTHORIZING THE CITY
ADMINISTRATION TO SUBMIT THE AMENDED LHAP TO THE FLORIDA
HOUSING FINANCE CORPORATION (FHFC) FOR ITS REVIEW AND
APPROVAL.
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 (LHAP) outlining
how funds will be used; and
WHEREAS, the SHIP Act requires local governments to establish strategies for the use of
SHIP funds and the maximum funds allowable for each strategy therein; and
WHEREAS, housing market conditions have caused home purchase prices to increase to a
level that precludes extremely to very low and low-income individuals and families from
purchasing properties; and
WHEREAS, the SHIP Program requires the City to provide at least 30% of its program funds
allocation to assist very low-income participants; and an additional 30% of Program funds to
assist low-income participants to remain compliant; and
WHEREAS, the City of Miami Beach LHAP strategy for providing homebuyer down payment
assistance is limited to a maximum of $40,000 per moderate-income household, $60,000 per
low-income and very low-income household, and $100,000 per extremely low-income
household; and
WHEREAS, the City's LHAP strategy for providing homeowner rehabilitation assistance is
limited to a maximum of$40,000 per household, regardless of income level; and
WHEREAS, the City wishes to raise the maximum amount of homebuyer down payment
assistance to $50,000 per moderate-income household, $100,000 per low-income and very low-
income household, and $150,000 per extremely- low-income household; and
WHEREAS, the City wishes to raise the maximum amount of homeowner rehabilitation
assistance to $70,000 per household, regardless of income level; and
WHEREAS, the City wishes to add an additional strategy to the LHAP that allows the City to
purchase, rehabilitate and resell properties to further increase the opportunities to assist eligible
households to become homeowners; and
WHEREAS, the increased levels of financial assistance, and the new strategy for the use of
SHIP funds, require technical revisions and an amendment to the City's LHAP.
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 the technical revisions to the State Housing Initiatives Partnership (SHIP) Program
Local Housing Assistance Plan (LHAP)that increase the amount of assistance provided to
eligible participants, and the amendment to the LHAP that adds a new assistance strategy
which allows the City to purchase, rehabilitate and resell properties to eligible households to
become homeowners; authorizing execution of any necessary certifications by the Mayor and
the City Clerk; and further authorizing the City Administration to submit the amended LHAP to
the Florida Housing Finance Corporation (FHFC) for its review and approval.
PA SS ED AND ADOPTED th i s day o f �C-e'v
vhir , 2016.
PHILIP LE NE/ !R
ATTEST:
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Ci Attorney Dote
City of Miami Beach
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
FISCAL YEARS
2016-2017, 2017-2018 and 2018-2019
(Amended 12/14/2016)
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Table of Contents
Description Page #
Section I, Program Details 3
Section II, Housing Strategies 9
A. Owner-Occupied Rehabilitation: 9
B. Disaster Mitigation Recovery 10
C. New Construction 12
D. Purchase Assistance 13
E. Rental Housing Development 15
F. Acquisition/Rehabilitation 16
Section III, Incentive Strategies 4618
A. Expedited Permitting 4-618
B. Ongoing Review Process 4-618
Exhibits 4-719
A. Administrative Budget for each fiscal year covered in the Plan
B. Timeline for Estimated Encumbrance and Expenditure
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the plan
D. Signed LHAP Certification
E. Signed, dated, witnessed or attested adopting resolution
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Program Details:
A. Name of the participating local government:
City of Miami Beach
Is there an Interlocal Agreement: Yes No X
B. Purpose of the program:
1. To meet the housing needs of the very low, low and moderate-income
households; and
2. To expand production of and preserve affordable housing; and
3. To further the housing element of the local government comprehensive
plan specific to affordable housing.
C. Fiscal years covered by the Plan:
FY 2016-2017, FY 2017-2018, and FY 2018-2019
D. Governance:
The SHIP Program is established in accordance with Section 420.907-9079,
of the Florida Statutes, and Chapter 67-37of the Florida Administrative Code.
Cities and Counties must be in compliance with these applicable statutes,
rules and any additional requirements as established through the Legislative
process.
E. Local Housing Partnership:
The SHIP Program encourages building active partnerships between
government, lenders, builders and developers, real estate professionals,
advocates for low-income persons and community groups.
In its efforts to expand affordable housing opportunities, the City of Miami
Beach works to establish and build a relationship with a designated
Community Housing Development Organization (CHDO).
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F. Leveraging:
The Plan is 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 may be leveraged with, or used to supplement, other Florida
Housing Finance Corporation programs and to provide local match to obtain
federal housing grants or programs.
The City of Miami Beach is an Entitlement Community that receives HOME
and CDBG funds from the U.S. Department of Housing and Urban
Development (HUD), which are used in combination with other local funds, to
leverage SHIP funds to increase affordable housing opportunities and reduce
the cost of housing in the City.
G. Public Input:
Public input is solicited through face to face meetings with housing providers,
social service providers, local lenders, and neighborhood associations.
Public input was solicited through the local newspaper in the advertising of
the Local Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach:
SHIP funding availability shall be advertised in a newspaper of general
circulation and periodicals serving ethnic and diverse neighborhoods, at least
30 days before the beginning of the application period. If no funding is
available due to a waiting list, no notice of funding availability is required.
Additionally, the City's outreach efforts will include public workshops, special
meetings with various social service agencies, the City website, and
meetings with various City departments.
I. Waiting List/Priorities:
A waiting list will be established when there are eligible applicants for
strategies that no longer have funding available. Those households on the
waiting list will be notified of their status. Applicants will be maintained in an
order that is consistent with the time applications were submitted as well as
any established funding priorities as described in this plan. Priorities for
funding described/listed here apply to all strategies unless otherwise stated
in the strategy: Special Needs and Essential Services Personnel applicants.
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J. Discrimination:
In accordance with the provisions of ss.760.20-760.37, it is unlawful to
discriminate on the basis of race, color, religion, sex, national origin, age,
handicap, or marital status in the award application process for eligible
housing.
K. Support Services and Counseling:
Support services are available from various sources. Available support
services may include but are not limited to: Homeownership Counseling,
Credit Counseling, Tenant Counseling, Legal Counseling and Fair Housing
Counseling. All counseling will be provided through qualified HUD approved
agencies.
L. Purchase Price Limits:
The sales price or value of new or existing eligible housing may not exceed
90% of the average area purchase price in the statistical area in which the
eligible housing is located. Such average area purchase price may be that
calculated for any 12-month period beginning not earlier than the fourth
calendar year prior to the year in which the award occurs. The sales price of
new and existing units, which can be lower but may not exceed 90% of the
median area purchase price established by the U.S. Treasury Department or
as described above.
The methodology used is:
X U.S. Treasury Department
Local HFA Numbers
M. Income Limits, Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually
by the Department of Housing and Urban Development and posted at
www.floridahousing.orq.
"Affordable" means that monthly rents or mortgage payments including taxes
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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, 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.
N. Welfare Transition Program:
Should an eligible sponsor be used, a qualification system and selection
criteria for applications for Awards to eligible sponsors shall be developed,
which includes a description that demonstrates how eligible sponsors that
employ personnel from the Welfare Transition Program will be given
preference in the selection process.
0. Monitoring and First Right of Refusal:
In the case of rental housing, the staff and any 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 annually for no less than 15 years or the
term of assistance whichever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that
have remaining mortgages funded under this program must give a first right
of refusal to eligible nonprofit .organizations for purchase at the current
market value for continued occupancy by eligible persons.
P. Administrative Budget:
A line-item budget of proposed Administrative Expenditures is attached as
Exhibit A. The moneys deposited in the local housing assistance trust fund
shall be used to administer and implement the local housing assistance plan.
Section 420.9075, Florida Statutes and Chapter 67-37, Florida Administrative
Code, states: "A county or an eligible municipality may not exceed the 5
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percent limitation on administrative costs, unless its governing body finds, by
resolution, that 5 percent of the local housing distribution plus 5 percent of
program income is insufficient to adequately pay the necessary costs of
administering the local housing assistance plan."
Section 420.9075, Florida Statutes and Chapter 67-37, Florida Administrative
Code, further states: "The cost of administering the program may not exceed
10 percent of the local housing distribution plus 5 percent of program income
deposited into the trust fund, except that small counties, as defined in s.
120.52(17), and eligible municipalities receiving a local housing distribution of
up to $350,000 may use up to 10 percent of program income for
administrative costs." The City of Miami Beach has adopted the above
findings in the resolution attached as Exhibit E.
Q. Program Administration:
Administration of the local housing assistance plan will be wholly performed and
maintained by the City of Miami Beach. The Office Housing & Community
Services is the department responsible for carrying out the strategies under the
SHIP LHAP.
R. Project Delivery Costs:
In addition to the administrative costs listed above, the City of Miami Beach will
charge reasonable project delivery costs to cover project estimates/construction
estimates and project inspections, which will be performed by independent
contractors for construction projects. The fee will not exceed $3,500 and will be
included in the amount of the recorded mortgage and promissory note that
secures the property.
S. Essential Service Personnel Definition:
"Essential Service Personnel" are defined as income-eligible employees of
Miami Beach businesses and organizations in the following industries:
1. Accommodations and Food Services (including arts, entertainment, and
recreation); and
2. Retail Trade; and
3. Public Administration (including City of Miami Beach employees); and
4. Healthcare; and
5. Emergency First Responders
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T. Incorporation of Green Building and Energy Saving products and
processes:
The City of Miami Beach is committed to making the housing stock more energy
efficient. Therefore, the City will require the use of the following features when
economically feasible in the construction/rehabilitation of homes:
1. Water-conserving appliances and fixtures (toilets, showerheads, and
faucets); and
2. Energy star appliances; and
3. Efficient lighting on both the interior and exterior of homes; and
4. Upgrading of insulation materials (attics, walls, roofing); and
5. Tankless water heaters; and
6. Air conditioning with a higher SEER rating.
U. Describe efforts to meet the 20% Special Needs set-aside:
The City will add Special Needs qualification questions to its program eligibility
application and utilize the City's various communications resources (including
the website, Facebook, Twitter, and an e-newsletter) to advise the community of
this resources. In addition, the Office of Housing and Community Services (City
department responsible for SHIP Program administration) operates the Success
University Program. This program is a comprehensive family support program
that assists low-income families with various needs, including housing and food.
Through this program, which partners with more than 30 community-based
human services and support agencies, there is an increased opportunity for
identification and referral of eligible households.
V. Describe efforts to reduce homelessness:
The Office of Housing and Community Services is the City department
responsible for the Homeless Outreach Division. As such, it has direct contact
with individuals that are homeless and living in the streets, as well as
individuals/families that are facing the threat of homelessness. Working in
conjunction with other agencies providing certain support services, there is an
opportunity to identify households that may be assisted through participation in
the SHIP Program. Especially those households being provided with
employment and credit repair assistance. The City purchases emergency shelter
beds and sets aside General Funds in order to provide downpayment and
security deposits for eligible households transitioning from homelessness.
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II. LHAP Strategies:
A.
Owner-Occupied Rehabilitation: Code 3
a. Summary of the Strategy: Rehabilitation/Repair of single-family
(including condominiums), owner-occupied housing. "Rehabilitation" will
be defined as repairs or improvements that are needed for safe or
sanitary habitation, correction of substantial code violations, structural or
systems faults, or the creation of additional living space. Cosmetic items
may be included on projects if funds are available after completing all
required repairs.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award: $40,000 $70,000
e. Terms:
1. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Forgivable at the end of the term.
5. Default/Recapture: The outstanding balance is immediately
due if the property is sold, rented, refinanced or the property
fails to be the owner's primary residence during the fifteen year
term. In the event that title to the property is transferred, as the
result of death, to a rightful heir that is income-eligible, and that
heir occupies the property as his/her principal residence, then
the original terms shall continue in effect. Notwithstanding the
previous restrictions, the owner shall be allowed to refinance
without being subject to the provisions set forth therein, as long
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as the amount of the refinancing does not exceed the then
outstanding balance of the first mortgage. No additional cash
out will be allowed. Subordination will only be approved if the
refinancing will lower the current mortgage payment and/or
interest rate. The City's interests will be secured through the
execution of a mortgage and promissory note, as well as a
Restrictive Covenant delineating the recapture period and
terms.
f. Recipient Selection Criteria: All recipients of assistance must meet the
applicable eligibility requirements as stipulated in the Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first-qualified, first-served basis. Special Needs households will be
given priority funding until the City fulfills the minimum SHIP Program
requirements for assistance to this target population,
g. Sponsor Selection Criteria: NA
h. Additional Information: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of Miami
Beach corporate limits.
B.
Disaster Mitigation Code 5
a. Summary of Strategy: Emergency Assistance to eligible households
after the occurrence of a disaster declared by Executive Order
(President of the United States or Governor of the State of Florida). In
the event of a disaster, the City will commit available unencumbered
SHIP funds, as well as other disaster funds that may become available
through the Florida Housing Finance Corporation or any other
emergency funding sources. Disaster funds may be used for, but not
limited to, the following:
1) Purchase of emergency supplies; weatherproofing a damaged
home;
2) Interim repairs to prevent further damage; tree and debris removal
to make the housing unit habitable;
3) Payment of insurance deductibles for rehabilitation of homes
covered under homeowners' insurance policies; and
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4) Other activities as proposed by the Federal Government, counties
and eligible municipalities and approved by Florida Housing Finance
Corporation.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award: $40,000
e. Terms:
1. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Forgivable at the end of the term.
5. Default/Recapture: The outstanding balance is due if the
property is sold, rented, refinanced or the property fails to be the
owner's primary residence during the fifteen year term. In the
event that title to the property is transferred, as the result of death,
to a rightful heir that is income-eligible, and that heir occupies the
property as his/her principal residence, then the original terms
shall continue in effect. Notwithstanding the previous restrictions,
the owner shall be allowed to refinance without being subject to
the provisions set forth therein, as long as the amount of the
refinancing does not exceed the then outstanding balance of the
first mortgage. No additional cash out will be allowed.
Subordination will only be approved if the refinancing will lower
the current mortgage payment and/or interest rate. The City's
interests will be secured through the execution of a mortgage and
promissory note, as well as a Restrictive Covenant delineating the
recapture period and terms.
f. Recipient Selection Criteria: All recipients of assistance must meet
the applicable eligibility requirements as stipulated in the Florida
Statutes, SHIP Rule, and this Plan. Applicants will be selected from a
waiting list on a first-qualified, first-served basis.
g. Sponsor Selection Criteria: NA
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h. Additional Information: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of
Miami Beach corporate limits.
C.
New Construction Code 10
a. Summary of Strategy: To develop homeownership opportunities to
assist eligible buyers to purchase affordable housing in Miami Beach.
Funds will be provided to developers to be used to finance the costs
associated with site acquisition/development, and hard and soft
construction costs. The developer will deliver at least one housing unit for
each maximum award that is allocated for the property construction. The
property must be sold to an income-eligible homebuyer. Upon sale, the
SHIP funding obligations will be passed to the homebuyer and secured by
a note and mortgage.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award: $40,000
e. Terms:
1. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Forgivable at the end of the term.
5. Default/Recapture: No payments will be required during the
construction phase. The maximum amount of time allowed for
the construction of the property will coincide with the SHIP
Program expenditure requirements based on the fiscal year
funds that are provided. If the home is not completed within the
stated timeframe the developer will be required to repay the
SHIP funds.
Once construction is completed the unit will be sold at an
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agreed sales price to an eligible homebuyer. The SHIP subsidy
will be passed on to the homebuyer with the homebuyer only
required to provide financing that represents the property sales
price minus the amount of the SHIP subsidy. The outstanding
balance of the subsidy is due if the property is sold, rented,
refinanced or the property fails to be the owner's primary
residence during the fifteen year term. In the event that title to
the property is transferred, as the result of death, to a rightful
heir that is income-eligible, and that heir occupies the property
as his/her principal residence, then the original terms shall
continue in effect. Notwithstanding the previous restrictions, the
owner shall be allowed to refinance without being subject to the
provisions set forth therein, as long as the amount of the
refinancing does not exceed the then outstanding balance of
the first mortgage. No additional cash out will be allowed.
Subordination will only be approved if the refinancing will lower
the current mortgage payment and/or interest rate. The City's
interests will be secured through the execution of a mortgage
and promissory note, as well as a Restrictive Covenant
delineating the recapture period and terms.
f. Recipient Selection Criteria: All recipients of assistance must meet the
applicable eligibility requirements as stipulated in the Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first-qualified, first-served basis.
f. Sponsor Selection Criteria: Developers will respond to an RFP process
which will require confirmation of the developer's experience, financial
capacity, site control, and ability to secure all necessary funds to proceed.
g. Additional Information: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of Miami
Beach corporate limits.
D.
Purchase Assistance Codes 1, 2
a. Summary of Strategy: Down payment, closing cost and rehabilitation
assistance for the purchase of new or existing housing, and the
rehabilitation of those properties, for first-time homebuyers. A first-time
homebuyer is defined as a purchaser that has not owned a home in at
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least the last three years.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award:
1. $40,000 $50,000 (Moderate-Income)
2. $60,000$100,00.0 (Low and Very Low-Income)
3. $100,000 $150,000 (Extremely Low-Income)
e. Terms:
1. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Forgivable at the end of the
term.
5. Default/Recapture: The outstanding balance is due if the
property is sold, rented, refinanced or the property fails to
be the owner's primary residence during the fifteen year
term. In the event that title to the property is transferred, as
the result of death, to a rightful heir that is income-eligible,
and that heir occupies the property as his/her principal
residence, then the original terms shall continue in effect.
Notwithstanding the previous restrictions, the owner shall be
allowed to refinance without being subject to the provisions
set forth therein, as long as the amount of the refinancing
does not exceed the then outstanding balance of the first
mortgage. No additional cash out will be allowed.
Subordination will only be approved if the refinancing will
lower the current mortgage payment and/or interest rate.
Additionally, if the unit is sold prior to the completion of the
affordability period, part of the equity produced by the sale
shall be 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 fifteen year, 25% of the profit shall be paid to the City.
The profit is defined as the sales price at the time of default
minus the sales price of the property at the time the
homeowner acquired it with the assistance of the SHIP
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subsidy.
The City's interests will be secured through the execution of
a mortgage and promissory note, as well as a Restrictive
Covenant delineating the recapture period and terms.
f. Recipient Selection Criteria: All recipients of assistance must meet
the applicable eligibility requirements as stipulated in the Florida
Statutes, SHIP Rule, and this Plan. Applicants will be selected from a
waiting list on a first-qualified, first-served basis.
g. Sponsor Selection Criteria: NA
h. Additional Information: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of
Miami Beach corporate limits.
E.
Rental Development Code 14
a. Summary of Strategy: Funds will be provided to for-profit and non-profit
developers to be used to finance the costs of acquisition and/or the hard
and soft costs of rehabilitating multi-family buildings. Funds will also be
utilized for the acquisition and/or rehabilitation of multi-family buildings
owned and operated by the City.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award: $40,000/Unit
e. Terms:
1. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage.
2. Interest Rate: 0%
3. Term: 30 years
4. Forgiveness/Repayment: Forgivable at the end of the term.
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5. Default/Recapture: Outstanding balance of the SHIP subsidy
will be due if the property is sold or transferred, or the property
fails to be used for affordable housing during the thirty year
term. For properties owned by developers, where funding was
provided for acquisition, the City may impose a reverter
provision at the end of the term, when the property is not
subject to any limitations by superior lienholders, if it is found to
be in the best interest of City to maintain the affordable housing
beyond the affordability period when the developer is
converting the project to market rate development. The reverter
clause will not be used if the recipient volunteers to keep a
negotiated percentage of the units affordable to very low, low
and moderate-income households. The City's interests will be
secured through the execution of a mortgage and promissory
note, as well as a Restrictive Covenant delineating the
recapture period and terms.
f. Recipient Selection Criteria: All tenants of properties assisted with
SHIP funds must meet the eligibility requirements as stipulated in the
applicable Florida Statutes, SHIP Rule, and this Plan.
g. Sponsor/Developer Selection Criteria: Developers will respond to an
RFP process which will require confirmation of the developer's
experience, financial capacity, site control, and ability to secure all
necessary funds to proceed.
h. Additional Information: Assisted properties must be located within the
City of Miami Beach corporate limits.
F.
Acquisition/Rehabilitation Code 9
a. Summary of Strategy: To develop homeownership opportunities to
assist eligible buyers to purchase affordable housing in Miami Beach.
Funds will be utilized by the City of Miami Beach to finance the costs
associated with acquisition/rehabilitation of available properties for sale to
income-eligible homebuvers. The City will deliver at least one housing
unit for each maximum award that is allocated for the property acquisition
and rehabilitation. Upon sale, the SHIP funding obligations will be passed
to the homebuver and secured by a note and mortgage.
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b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low, very low, low, or
moderate-income.
d. Maximum award:
1. $50,000 (Moderate-Income)
2. $100,000 (Low and Very Low-Income)
3. $150,000 (Extremely Low-Income)
e. Terms:
6. Loan/deferred loan/grant: Deferred Loan, secured by a
recorded note and mortgage.
7. Interest Rate: 0%
8. Term: 15 years
9. Forgiveness/Repayment: Forgivable at the end of the term.
10.DefaultlRecapture: Once construction is completed, the unit
will be sold at an agreed sales price to an eligible homebuyer.
The SHIP subsidy will be passed on to the homebuyer with the
homebuyer only required to provide financing that represents
the property sales price minus the amount of the SHIP subsidy.
The outstanding balance of the subsidy is due if the property is
sold, rented, refinanced, or the property fails to be the owner's
primary residence during the fifteen year term. In the event that
title to the property is transferred, as the result of death, to a
rightful heir that is income-eligible, and that heir occupies the
property as his/her principal residence, then the original terms
shall continue in effect. Notwithstanding the previous
restrictions, the owner shall be allowed to refinance without
being subject to the provisions set forth therein, as long as the
amount of the refinancing does not exceed the then
outstanding balance of the first mortgage. No additional cash-
out will be allowed. Subordination will only be approved if the
refinancing will lower the current mortgage payment and/or
interest rate. The City's interests will be secured through the
execution of a mortgage and promissory note, as well as a
Restrictive Covenant delineating the recapture period and
terms.
- 17 -
f. Recipient Selection Criteria: All recipients of assistance must meet the
applicable eligibility requirements as stipulated in the Florida Statutes,
SHIP Rule, and this Plan. Applicants will be selected from a waiting list
on a first-qualified, first-served basis.
g. Sponsor Selection Criteria: NA
h. Additional Information: Mobile homes and trailers are not eligible for
this strategy. Assisted properties must be located within the City of Miami
Beach corporate limits.
III. LHAP Incentive Strategies
A. Name of the Strategy: Expedited Permitting
Permits, as defined in s. 163.3177 (6) (f) (3) for affordable housing projects,
are expedited to a greater degree than other projects.
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 Office of Housing and Community Services (HCS). Also, when the plans
are ready for permitting, first priority is given. The City will develop a form to
identify the projects reviewed by the HCS.
The incentive was enacted by administrative action in February, 1997.
B. Name of the Strategy: Ongoing Review Process
This incentive provides for an ongoing process for review of local policies,
ordinances, regulations and plan provisions that increase the cost of housing
prior to their adoption.
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 through the Director of the Office of Housing and Community
Services (HCS). The HCS may present proposed legislation to applicable
- 18 -
City boards and committees for their review as they may impact housing.
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan.
B. Timeline for Estimated Encumbrance and Expenditure.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the
plan.
D. Signed LHAP Certification.
E. Signed, dated, witnessed or attested adopting resolution.
- 19 -
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A
LIIAP 2009-001
Exhibit A
Revised: 6/2015
(Local Government name)
Fiscal Year: 2016-2017
Estimated Allcoation for Calculating: $ 367,448.00
Salaries and Benefits $ 33,070.00
Office.Supplies and Equipment $ 1,000.00
Travel Per diem Workshops, etc. $ 750.00
Advertising $ 1,925.00
Other* $
Total $ 36,745.00 0.100001
Fiscal Year: 2017-2018
Estimated Allcoation for Calculating: $ 367,448.00
Salaries and Benefits $ 33,070.00
Office Supplies and Equipment $ 1,000.00
Travel Per diem Workshops, etc. $ 750.00
Advertising $ 1,925.00
Other* $
Total $ 36,745.00 0.100001
Fiscal Year 2018-2019
Estimated Allcoation for Calculating: $ 367,448.00
Salaries and Benefits $ 33,070.00
Office Supplies and Equipment $ 1,000.00
Travel Per diem Workshops, etc. $ 750.00
Advertising $ 1,925.00
Other* $
Total $ 36,745.00 0.100001
*All "other" items need to be detailed here and are subject to review and
approval by the SHIP review committee.
Details:
Exhibit B
Timeline for SHIP Expenditures
City of Miami Beach affirms that funds allocated for these fiscal years will meet the following deadlines:
Fiscal Year Encumbered Expended 1s`Year AR 2nd Year AR Closeout AR
2016-2017 6/30/2018 6/30/2019 9/15/2017 9/15/2018 9/15/2019
2017-2018 6/30/2019 6/30/2020 9/15/2018 9/15/2019 9/15/2020
2018-2019 6/30/2020 6/30/2021 9/15/2019 9/15/2020 9/15/2021
If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above,
Florida Housing Finance Corporation will be notified according to the following chart:
Fiscal Year Funds Not Funds Not ft Year AR 2nd Year AR Closeout AR
Encumbered Expended Not Not Not
Submitted Submitted Submitted
2016-2017 3/30/2018 3/30/2019 6/15/2017 6/15/2018 6/15/2019
2017-2018 3/30/2019 3/30/2020 6/15/2018 6/15/2019 6/15/2020
•
2018-2019 3/30/2020 3/30/2021 6/15/2019 6/15/2020 6/15/2021
Requests for Expenditure Extensions(close-out year ONLY)must be received by FHFC by June 15 of the
year in which funds are required to be expended.The extension request shall be emailed to
robert.dearduff @floridahousinn.org and terry.auringer @floridahousing.org and include:
1. A statement that"(city/county) requests an extension to the expenditure deadline for fiscal
year
2. The amount of funds that is not expended.
3. The amount of funds that is not encumbered or has been recaptured.
4. A detailed plan of how/when the money will be expended.
Note. an extension to the expenditure deadline(June 30)does not relieve the requirement to submit
(September 15)the annual report online detailing all funds that have been expended. Please email
terry.auringer@floridahousin9•ora when you are ready to "submit"the AR.
Other Key Deadlines:
AHAC reports are due for each local government by December 31 of the year prior to the local
government's LHAP being submitted, Local governments receiving the minimum or less allocation are not
required to report.
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Exhibit D
67-37.005(1),F,A.C.
Effective Date: 05/2016
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government or Interlocal Entity: City of Miami Beach
Certifies that:
(1) The availability of SHIP funds will be advertised pursuant to program requirements in
420.907-420.9079,Florida Statutes, •
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, color,national origin, sex,handicap,familial status,or
religion.
•
(3) A process to determine eligibility and for selection of recipients for funds has been
developed.
(4) Recipients of funds will be required to contractually commit to program guidelines and loan
terms.
•
. (5) Florida Housing will be notified promptly if the local government/interlocal entity will be
unable to comply with any provision of the local housing assistance plan(LHAP),
(6) The LHAP provides a plan for the expenditure of SHIP funds including allocation,program
income and recaptured funds within 24 months following the end of the State fiscal year in
which they are received,
(7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to •
•
the Local Government Comprehensive Plan will be initiated at the next available opportunity to
insure conformance with the LHAP.
(8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or
approval within 21 days after adoption.
•
(9) The trust fund exists with a qualified depository for all SHIP funds as well as program
income or recaptured funds.
(10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by
law. —
(11) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements(CAFR). An electronic copy of the CAFR or
a hyperlink•to-the document shall be provided to Florida Housing by June 30 of the applicable
year.
1
Exhibit D
67-37.005(1), F.A.C.
Effective Date: 05/2016
(12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97,F.S.
shall be provided to Florida Housing by June 30 of the applicable year.
(13) SHIP funds will not be pledged for debt service on bonds.
(14) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC)Program shall comply with the income,affordability and other LII-ITC
requirements, similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(15) Loans shall be provided for periods not exceeding 30 years,except for deferred payment
loans or loans that extend beyond 30 years which continue to serve eligible persons.
(16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for
compliance with tenant income requirements and affordability requirements or as required
in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic
rnonitoriDg and determination, a municipality,county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
(17) The LHAP meets the requirements of Section 420-907-9079 FS,and Rule Chapter 67-37
FAC.
(18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for
Miami-Dade County).
itness Chie l: -i'official or designee •
Phi .
L-vine Ma or
Witness fpe Name and Title
Date
OR -. ,
Atte t: APPROVED AS TO
FORM & LANGUAGE
(Seal) •.INCORP ORATED' F R E ELUTION
AA M-P-
^�.Y�+ 6` '��yzi CIty A orney 1 Dote
•
RESOLUTION NO. 2016-29364
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE
CITY OF MIAMI BEACH LOCAL HOUSING ASSISTANCE PLAN (LHAP),
ATTACHED TO THIS RESOLUTION, FOR THE STATE HOUSING
INITIATIVES PARTNERSHIP (SHIP) PROGRAM FOR FISCAL YEARS
2016/2017, 2017/2018, AND 2018/2019, AS REQUIRED BY THE STATE
HOUSING INITIATIVES PARTNERSHIP • PROGRAM ACT,
SUBSECTIONS 420.907 - 420.9079, FLORIDA STATUTES;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY CERTIFICATIONS; AUTHORIZING THE ADMINISTRATION
TO SUBMIT THE LHAP TO THE FLORIDA HOUSING FINANCE
CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL;
AUTHORIZING THE APPROPRIATION OF SHIP PROGRAM FUNDS FOR
FISCAL YEARS 2016/2017, 2017/2018 AND 2018/2019, IN AMOUNTS TO
BE DETERMINED BY THE STATE OF FLORIDA OR SUCH FINAL •
ALLOCATION AMOUNTS AS ADJUSTED BY THE FHFC; AND
FURTHER AUTHORIZING THE APPROPRIATION OF ANY INTEREST
ACCRUED THEREON FOR ELIGIBLE ACTIVITIES UNDER THE SHIP
PROGRAM RULES.
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 three-year Local Housing Assistance Plan (LHAP) outlining how
funds will be used; and
WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds
allowable for each strategy; and
WHEREAS, as required by section 420.9075, F.S. it is found that 5 percent of the local
q y � p
housing distribution plus 5 pe r ce nt of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan. The cost of administering
the program may not exceed 10 percent(10%) of the local housing distribution plus five percent
(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.
WHEREAS, the Administration has prepared a new LHAP, incorporated herein by reference
.,and attached as Exhibit "A hereto, for Fiscal Years 2016/2017, 2017/2018 and 2018/2019, in
i
order to qualify to receive annual allocations of SHIP Program funds for eligible housing
activities; and
WHEREAS, the Administration recommends authorizing the appropriation of SHIP Program
funds for Fiscal Years 2016/2017, 2017/2018 and 2018/2019 in amounts to be determined by
the State, or such final allocation amounts as may be adjusted by the FHFC; as well as the
appropriation of any interest accrued thereon for eligible activities under the SHIP Program
Rules.
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 the Local Housing Assistance Plan (LHAP) attached to this Resolution for the State
Housing Initiatives Partnership (SHIP) Program for Fiscal Years 2016/2017, 2017/2018 and
2018/2019, as required by the SHIP Act, Subsections 420.907 — 420.9079, Florida Statutes;
authorize the execution of the necessary certifications by the Mayor and the City Clerk;
authorize the Administration to submit the LHAP to the Florida Housing Finance Corporation for
its review and approval; authorize the appropriation of SHIP Program funds for Fiscal Years
2016/2017, 2017/2018 and 2018/2019, in amounts to be determined by the State of Florida, or
such final allocation amounts as adjusted by the Florida Housing Finance Corporation; and
further authorize the appropriation of any interest accrued thereon for eligible activities under
the SHIP Program Rules.
Passed and adopted this 13 day of Aprt i< , 2016.
•
•
. . 3 .
■
/''..:;(./.:, "'-
ATTEST: f i 41� � � �� ,.. - ';
CI CLERK 0 i so
* 1:
INCORPORATED:
�s 'NCI
' H%2 ,' .
sum 1/2%%% -
c APPROVED.ASTO
TIAGENDA120161Ap it 131LHAP CC Resolution 4-13-2016 8(LANGUAGE
&FsR EXECUTION •
,_Si ,--(-- 3-k:206
• City Attorney :. 4 Dote
•
Resolutions -C7 K
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 14, 2016
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND ADOPTING THE TECHNICAL
REVISIONS TO THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP)
PROGRAM LOCAL HOUSING ASSISTANCE PLAN (LHAP)THAT INCREASE THE
AMOUNT OF ASSISTANCE PROVIDED TO ELIGIBLE PARTICIPANTS, AND THE
AMENDMENT TO THE LHAP THAT ADDS A NEW ASSISTANCE STRATEGY
WHICH ALLOWS THE CITY TO PURCHASE, REHABILITATE AND RESELL
PROPERTIES TO ELIGIBLE HOUSEHOLDS TO BECOME HOMEOWNERS, FOR
THE SHIP PROGRAM FISCAL YEARS 2013/2014 THROUGH 2015/2016 AND
FISCAL YEARS 2016/2017 THROUGH 2018/2019, AS REQUIRED BY THE SHIP
PROGRAM ACT, SUBSECTIONS 420.907 - 420.9079; AUTHORIZING
EXECUTION OF ANY NECESSARY CERTIFICATIONS BY THE MAYOR AND THE
CITY CLERK; AND FURTHER AUTHORIZING THE ADMINISTRATION TO
SUBMIT THE AMENDED LHAP TO THE FLORIDA HOUSING FINANCE
CORPORATION (FHFC) FOR ITS REVIEW AND APPROVAL.
RECOMMENDATION
The Administration recommends approval of the Resolution.
ANALYSIS
The State Housing Initiatives Partnership Program (SHIP), administered through the Florida
Housing Finance Corporation (FHFC), was established in 1992 by the William E. Sadowski
Affordable Housing Act to stimulate the production of affordable housing statewide. SHIP
Program funds are derived from documentary stamp levies on real estate transactions, and held
in the SHIP Program Trust Fund. Annually, FHFC allocates SHIP program funds among
participating jurisdictions on a formula basis. SHIP program funds serve to increase access to
affordable housing for income-eligible participants.
Entitlement communities receiving SHIP funds are required to produce and file a Local Housing
Assistance Plan (LHAP) which governs each community's use of SHIP funds.A new LHAP
must be filed every three years. The LHAP delineates the strategies that will be employed to
increase the availability of affordable housing for income-eligible residents within the jurisdiction.
Page 386 of 1191
On April 17, 2013, the City Commission approved Resolution 2013-28178 adopting the LHAP
for State fiscal years 2013/2014 through 2015/2016. On April 13, 2016, the City Commission
approved Resolution No. 2016-29364 adopting the LHAP for State fiscal years 2016/2017
through 2018/2019. The current plans provide for the use of SHIP funds utilizing the following
assistance strategies:
A. Owner-occupied Housing Rehabilitation
B. Disaster Mitigation Recovery (Required by the State)
C. New Construction for Homeownership
D. Purchase Assistance
E. Rental Housing Development
Additionally, the SHIP program guidelines impose certain restrictions requiring that funds be
allocated as follows:
• At least 75% of the overall funds must be used for construction, rehabilitation or emergency
repairs of affordable, eligible housing;
• At least 65% of the overall funds must be used for homeownership activities (homebuyer
activities or owner-occupied rehabilitation projects);
• At least 30% of the overall funds must be reserved for activities that benefit low-income
households;
• At least 30% of the overall funds must be reserved for activities that benefit very-low income
households; and
•At least 20% of overall funds must be utilized to assist households with a disabled member.
During the LHAP's three-year term, a jurisdiction may elect to use the funds for an eligible
activity that is not included in its approved strategies, but it must amend its strategies to include
the new activity and submit the amended LHAP to the State for approval.
SHIP's specific expenditure guidelines have posed challenges in our community. The threshold
of expending 60 percent of funds to serve very low- and low-income households has made it
difficult to match eligible households with current market units. While qualified households at this
income level qualify for a mortgage approval of approximately $50,000, the marketplace is
asking in excess of $100,000 for studio condominium units. Staff is working with local area
mortgage companies and lenders to leverage resources and serve these households seeking
homeownership. Based on current income limits, a very low-income, two-person household (the
maximum number likely to purchase an efficiency or one-bedroom unit), cannot have income
exceeding $28,400, and a low-income household cannot have income exceeding $45,450.
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 $709 and $1,136,
respectively.
Therefore, the administration is proposing the following changes to the maximum amount of
assistance provided to eligible program households:
Homebuyer Assistance:
Page 387 of 1191
• Moderate-Income: Increase from $40,000 to $50,000
• Low-incomeNery Low-Income: Increase from $60,000 to $100,000
• Extremely Low-Income Household: Increase from $100,000 to $150,000
Homeowner Rehabilitation Assistance:
•All Income Categories: Increase from $40,000 to $70,000
The Administration is also proposing the addition of a new strategy that will provide the City with
the ability to purchase, rehabilitate and resell properties to eligible program participants to
increase the possibilities for homeownership. This strategy will provide for maximum assistance
of $150,000 per resale unit produced.
Without the proposed homebuyer assistance changes, the targeted households could not make
a home purchase and, subsequently, the City would not comply with expenditure and program
outcome goals. Staff will monitor homebuyer 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. It should be noted that City funds are
secured by a recorded mortgage that remains on the property until the expiration of the
affordability period.
CONCLUSION
The Administration recommends approval and adoption of the technical revisions to the State
Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan (LHAP) that
increase the amount of assistance provided to eligible participants, and the amendment to the
LHAP that adds a new assistance strategy which allows the City to purchase, rehabilitate and
resell properties to eligible households to become homeowners, for the SHIP Program fiscal
years 2013/2014 through 2015/2016 and fiscal years 2016/2017 through 2018/2019, as
required by the SHIP Program Act, subsections 420.907 - 420.9079; authorizing execution of
any necessary certifications by the Mayor and the City Clerk; and further authorizing the
Administration to submit the amended LHAP to the Florida Housing Finance Corporation
(FHFC)for its review and approval.
KEY INTENDED OUTCOMES SUPPORTED
Ensure Workforce Housing For Key Industry Workers Is Available In Suitable Locations
FINANCIAL INFORMATION
N/A
Legislative Tracking
Housing and Community Services
Page 388 of 1191