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2008-26877 ResoRESOLUTION NO. 2008-26877 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 INCREASE THE MAXIMUM AWARD FROM $40,000 TO $60,000 FOR VERY LOW AND LOW-INCOME SUB-RECIPIENTS, AND TO INCORPORATE A NEW STRATEGY FOR DISASTER MITIGATION, AS REQUIRED BY STATE RULE 67-37-005, TO PROVIDE ASSISTANCE TO VERY LOW, LOW, AND MODERATE-INCOME HOUSEHOLDS FOLLOWING A NATURAL DISASTER; 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. 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 April 11, 2007, the City approved Resolution 2007-26510 adopting a Local Housing Assistance Plan (CHAP) for State fiscal years 2007/08, 2008/09, and 2009/10, which provides for the use of SHIP Program funds for approved owner-occupied rehabilitation strategies, first-time homebuyer activities, new construction; rental housing development; and acquisition/rehabilitation for Workforce Housing; and WHEREAS, at least 30% of the overall funds must be reserved for activities which benefit very-low income households; and WHEREAS, the City of Miami Beach's LHAP restricts the maximum award per sub-recipient to $40,000; and WHEREAS, due to current market conditions, it has become increasingly difficult for very-low income and low-income first-time homebuyers to qualify for permanent, fixed-rate mortgages, even with the maximum $40,000 down payment and closing cost award; and WHEREAS, this difficulty in utilizing a minimum of 30% of the annual SHIP allocation for very low-income and low-income first-time home buyer transactions is jeopardizing the City of Miami Beach's ability to comply with SHIP Program requirements for percentage allocations; and WHEREAS, the proposed Amendment to the LHAP will increase the maximum award for very-low and low income first-time homebuyer sub-recipients to $60,000 in order to facilitate qualification for homeownership; and WHEREAS, a Disaster Mitigation strategy, as required by State Rule 67-37-005, is being added to the City's LHAP, to provide assistance to very low, low, and moderate income households following a natural disaster; and WHEREAS, future fiscal year allocations of SHIP funds will identify up to $50,000 to be distributed in increments of $2,500, as available, per household with emphasis on reimbursements for insurance deductibles; 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 required by the FHFC, which incorporates the strategy of the current Local Housing Assistance Plan, and provides for an increase in the maximum award for very-low income and low-income sub-recipients to $60,000, and incorporates a provision for a Disaster Mitigation strategy as required by State 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 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 increase the maximum award from $40,000 to $60,000 for very low and low income first-time homebuyer sub-recipients, and to incorporate a new strategy for disaster mitigation, as required by State Rule 67-37-005, to provide assistance to very low, low, and moderate-income households following a natural disaster, 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 loth day of September , 2008 ATTEST: MA OR CITY CLERK Robert Parcher T:WGENDA\2008\September 10\Consent\SHIP Amend LHAP Reso.doc Matti Herrera Bower ~~ ate APPROVED AS TO FORM & LANGUAGE COMMISSION ITEM SUMMARY 61VIIYCII.7cY 1 I~IC. 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. Key Intended Outcome Supported• Increase availabili of workforce/affordable housin . upporting Data (Surveys, Environmental Scan, etc.): Based on the 2007 Customer Satisfaction Surve ,affordable housin was a concern for 82% of those surve ed. le. Shall the City adopt a resolution approving an Amendment to the SHIP Local Housing Assistance Plan to increase the maximum award from $40,000 to $60,000 for very low, and low income sub-recipients; and to incorporate a new strategy for Disaster Mitigation (as required by State Rule 67-37-005) to provide assistance to very low, low and moderate income households following a natural disaster to be distributed in increments of $2,500 per household, as available, with emphasis on reimbursements for insurance deductibles? Item Summary~rcecommenaai~an- 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 outlines housing strategies for rehabilitation of single family, first-time home buyer, orowner-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. SHIP Program rules require that at least 65% of the total annual allocation be used for home ownership activities, which may be for first-time homebuyer activities or for owner-occupied rehabilitation projects. At least 30% of the overall funds must be reserved for activities which benefit very-low income households. Currently, the maximum award for sub- recipients is $40,000. Due to market conditions, it has become increasingly difficult for very-low income and low-income households to qualify for permanent, fixed-rate mortgages, even after having received the maximum award. The difficulty to fund very-low income and low-income homeownership activities is jeopardizing the City's ability to comply with SHIP Program requirements for percentage allocations. The proposed Amendment to the CHAP will increase the maximum award for very-low and low income sub-recipients to $60,000 in order to facilitate qualification for first-time homebuyers. An additional amendment is being proposed in order to incorporate a Disaster Mitigation strategy as required by State Rule 67-37-005. This strategy will provide assistance to very low, low and moderate income households following a natural disaster. Future allocations of SHIP funds will identify up to $50,000 to be distributed in increments of $2,500 as available per household with emphasis on reimbursements for insurance deductibles. The Administration recommends that the Mayor and the City Commission adopt a resolution approving these amendments to the SHIP Pro ram Local Housin Assistance Plan. Adviso Board Recommendation: On June 18, 2008, the Loan Review Committee recommended approval of the proposed amendments to the SHIP Pro ram Local Housin Assistance Plan. Financial Infnrmation~ Source of Funds: Amount Account Approved 1 2 SHIP S Program 4 OBPI Total Financial Impact Summary: Cit Clerk's Office Le islative Trackin Anna Parekh Si n-Offs: Department Director s ist t City M ager Ci Manager T:WGENDA\2008\September 10\Consent\SHIP Amend L P Summary.doc I4GENDA ITEM t~7 ~ I Y t~/ M 11 ~~~ [}ATE ~D''O m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission From: Jorge M. Gonzalez, City Manager Date: September 10, 2008 Subject: A RESOLUTION OF THE MAYOR ND 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 INCREASE THE MAXIMUM AWARD FROM $40,000 TO $60,000 FOR VERY LOW AND LOW-INCOME SUB-RECIPIENTS, AND TO INCORPORATE A NEW STRATEGY FOR DISASTER MITIGATION, AS REQUIRED BY STATE RULE 67- 37-005, TO PROVIDE ASSISTANCE TO VERY LOW, LOW, AND MODERATE- INCOME HOUSEHOLDS FOLLOWING A NATURAL DISASTER; 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. Administration Recommendation Adopt the Resolution. Analysis The State Housing Initiatives Partnership (SHIP) Program, administered through the Florida Housing Finance Corporation (FHFC), was established by the 1992 William E. Sadowski Affordable Housing Act to stimulate the production of housing statewide. SHIP Program funds are derived from documentary stamp levies on real estate transactions. Annually, the FHFC allocates SHIP Program funds among participating jurisdictions on a formula basis. On April 11, 2007, the City approved Resolution 2007-26510 adopting a Local Housing Assistance Plan (CHAP) for State fiscal years 2007/08, 2008/09, and 2009/10. This CHAP provides for the use of SHIP Program funds for: A. Housing rehabilitation for first time home buyers or owner-occupied housing; B. New construction; C. Closing costs and down payment assistance for first-time homebuyers for purchase of scattered sites; D. Rehabilitation of multi-family buildings for condominium conversion; E. Rental housing development (defined as rehab of units in vacant multi-unit buildings); F. Acquisition/Rehabilitation for Workforce Housing. Page 2 of 3 SHIP Amend LHAP A qualified existing property owner may receive funding only for construction rehabilitation of an owner-occupied home. A qualified first-time homebuyer may receive funding for closing costs, down payment assistance, and construction rehabilitation. Per SHIP guidelines, the funds must be allocated as follows: • At least 75% of the overall funds must be used for construction, rehabilitation or emergency repairs of affordable, eligible housing (which may include rental development activities); • At least 65% of the overall funds must be used for home ownership activities (first-time homebuyer activities or owner-occupied rehabilitation projects); • At least 30% of the overall funds must be reserved for activities which benefit very-low income households; • Of the remaining 70% of the overall funds, up to 40% may be used for activities which benefit moderate income households; • The remaining funds may be used for activities which either benefit very-low income or low-income households. All limits on maximum purchase price, rent amount, as well as income limits are based on annual updates by the Florida Housing Finance Corporation, which does not dictate minimum or maximum award amounts, but leaves this decision to the discretion of the entitlement community. The City of Miami Beach's LHAP currently restricts the maximum award per sub- recipient to $40,000. Due to current real estate and financing market conditions, it has become increasingly difficult in the past year for very-low income and low-income first-time homebuyers to qualify for permanent, fixed-rate mortgages, even with the maximum $40,000 down payment and closing cost award. This difficulty in utilizing a minimum of 30% of the annual SHIP allocation for very low-income and low-income first-time home buyer transactions is jeopardizing the City of Miami Beach's ability to comply with SHIP Program requirements for percentage allocations. The proposed Amendment to the LHAP will increase the maximum award only for very-low and low income sub-recipients to $60,000 in order to facilitate qualification for first-time homebuyers. The increase to the maximum award will be applied only to the housing strategy related to first- time homebuyer activities and down-payment assistance. Furthermore, an additional strategy is being proposed for the City's LHAP in order to incorporate a Disaster Mitigation strategy as required by State Rule 67-37-005, adopted 11-26-92, and last amended on 2-24-08. This strategy will provide assistance to very low, low, and moderate income households following a natural disaster. Future fiscal year allocations of SHIP funds will identify up to $50,000 to be distributed in increments of $2,500 as available per household with emphasis on reimbursements for insurance deductibles. On June 18, 2008, the Loan Review Committee reviewed and approved an Amendment to the LHAP. 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 required by the FHFC. The proposed Amendment provides for an increase in the maximum award for very-low income and low-income sub-recipients to $60,000, and incorporates a provision for a Disaster Mitigation strategy as required by State rules. Page 3 of 3 SHIP Amend LHAP CONCLUSION The Administration recommends approval of 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 for the State Housing Initiatives Partnership Program for State fiscal years 2007/08, 2008/09, and 2009/10, to increase the maximum award from $40,000 to $60,000 for very low and low-income sub-recipients, and to incorporate a new strategy for Disaster Mitigation, as required by State Rule 67-37-005, adopted 11-26-92, and last amended on 2-24- 08, to provide assistance to very low, low, and moderate-income households following a natural disaster; and authorizing the necessary certifications by the Mayor and the City Clerk; and authorizing submission of the Local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation. JMG/HF/AP T:WGENDA\2008\September 10\Consent\SHIP Amend LHAP Memo.doc