Loading...
HomeMy WebLinkAbout2011-014I is k I GU Attachment B INDIAN RIVER COUNTY FFY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOUSING ASSISTANCE PLAN REHABILITATION/REPLACE MENT/TEMPORARY RELOCATION GUIDELINES AND GENERAL INFORMATION FOR PARTICIPANTS Revised January 18, 2011 I. INTRODUCTION The national foreclosure crisis has drastically impacted Indian River County and the families living within the community, resulting in many vacant, abandoned and foreclosed properties. The vacant and abandoned properties in the community threaten both the stability of the local housing market and the viability of the neighborhoods within the community. These circumstances invite crime and discourage further investment in the community. To address the impacts of the national foreclosure problem, the federal government created the Neighborhood Stabilization Program (NSP), a Federally Funded Program in which funds are provided to local governments through the Florida Department of Community Affairs (DCA) to address foreclosed and abandoned properties in the areas of greatest need within their community. On the local level, Neighborhood Stabilization funds are to be utilized to provide affordable housing to very low income (less than 50% AMI), low to moderate income (51% -80% AMI), and moderate to middle income (81 %- 120) AMI) families. In Indian River County, NSP dollars will be utilized to purchase and rehabilitate foreclosed properties. These rehabilitated properties will be made available through purchase or rental to qualified families who make a maximum of 120% of the area median income (AMI). II. GENERAL The purpose of the information provided herein is to establish guidelines by which the County will operate its Neighborhood Stabilization Program. These guidelines have been established to ensure compliance with the requirements established by the Florida Department of Community Affairs (DCA) and the Federal Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program. The information contained herein is subject to change upon action of DCA, HUD, or the Indian River County Commission. Through this document, Indian River County confirms that it will not discriminate on the basis of RACE, CREED, COLOR, SEX, RELIGION, ETHNICITY, HANDICAP, AGE, NATIONAL ORIGIN, or FAMILY STATUS. Individuals residing in the County are also protected by the State's Fair Housing Act, Sections 760 20, 760 22, 760 23, and any amendments thereto. 1 Attachment B INDIAN RIVER COUNTY FFY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOUSING ASSISTANCE PLAN REHABILITATION/REPLACEMENT/TEMPORARY RELOCATION GUIDELINES AND GENERAL INFORMATION FOR PARTICIPANTS Revised January 18, 2011 1. a.. '_'�-11 4oI/- 0/I/ I. INTRODUCTION The national foreclosure crisis has drastically impacted Indian River County and the families living within the community, resulting in many vacant, abandoned and foreclosed properties. The vacant and abandoned properties in the community threaten both the stability of the local housing market and the viability of the neighborhoods within the community. These circumstances invite crime and discourage further investment in the community. To address the impacts of the national foreclosure problem, the federal government created the Neighborhood Stabilization Program (NSP), a Federally Funded Program in which funds are provided to local governments through the Florida Department of Community Affairs (DCA) to address foreclosed and abandoned properties in the areas of greatest need within their community. On the local level, Neighborhood Stabilization funds are to be utilized to provide affordable housing to very low income (less than 50% AMI), low to moderate income (51% -80% AMI), and moderate to middle income (81%- 120) AMI) families. In Indian River County, NSP dollars will be utilized to purchase and rehabilitate foreclosed properties. These rehabilitated properties will be made available through purchase or rental to qualified families who make a maximum of 120% of the area median income (AMI) II. GENERAL The purpose of the information provided herein is to establish guidelines by which the County will operate its Neighborhood Stabilization Program. These guidelines have been established to ensure compliance with the requirements established by the Florida Department of Community Affairs (DCA) and the Federal Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program. The information contained herein is subject to change upon action of DCA, HUD, or the Indian River County Commission. Through this document, Indian River County confirms that it will not discriminate on the basis of RACE CREED, COLOR, SEX, RELIGION ETHNICITY, HANDICAP, AGE, NATIONAL ORIGIN, or FAMILY STATUS. Individuals residing in the County are also protected by the State's Fair Housing Act, Sections 760.20, 760.22, 760.23, and any amendments thereto. 1 To serve as an oversight committee for the NSP program, Indian River County has established a NSP Citizen's Advisory Task Force (CATF). This committee will meet as needed to ensure that the program operates in accordance with all Local, State, and Federal requirements. III. METHOD OF IMPLEMENTATION The NSP may be carried out by County Staff, Subrecipients, Developers or a combination of these entities. To select subrecipients and Developers, the County will follow its standard procurement process. IV. TYPE OF ASSISTANCE All applicants considered for the NSP program must qualify under the strategy in which they apply for assistance. The steps taken by the County to solicit applicants and the criteria utilized to rank them shall be available for public review. To select participants for both the Home Ownership and Rental Strategies, the following steps will be taken: 1. A display advertisement will be placed in one or more local newspapers of general circulation, advising local citizens of the availability of grant funds and establishing a convenient time and place for interested citizens to obtain information and pick up application forms to provide for eligible residents to be considered for inclusion in the program. Applications will be accepted by the County for a minimum of twelve (12) calendar days after the notice is placed. 2 A list of qualified applicants will be compiled by each of the Non -Profit and/or For -Profit Housing Organizations selected by the County to participate as a sub -recipient or developer to help carry out one or more NSP strategies. Each sub -recipient or developer shall inform their potential applicants who are eligible to participate in the NSP program to apply for NSP participation. All applicants considered as possible NSP beneficiaries must qualify for participation under the strategy they are being considered for. The steps carried out by the sub -recipient or developer to solicit for applicants must also be made available to the County. 3. The County's list of eligible SHIP applicants shall be included for consideration as potential beneficiaries. 4. Local organizations which work with clientele that could qualify for the program will be contacted, and asked to refer their potential applicants for NSP participation to the County. Rental Housing Strategy In a situation where there are more rental applicants than NSP housing units available, the following ranking criteria will be utilized to rank qualified applicants: 2 To serve as an oversight committee for the NSP program, Indian River County has established a NSP Citizen's Advisory Task Force (CATF). This committee will meet as needed to ensure that the program operates in accordance with all Local, State, and Federal requirements. III. METHOD OF IMPLEMENTATION The NSP may be carried out by County Staff, Subrecipients, Developers or a combination of these entities. To select subrecipients and Developers, the County will follow its standard procurement process. IV. TYPE OF ASSISTANCE All applicants considered for the NSP program must qualify under the strategy in which they apply for assistance. The steps taken by the County to solicit applicants and the criteria utilized to rank them shall be available for public review. To select participants for both the Home Ownership and Rental Strategies, the following steps will be taken: 1. A display advertisement will be placed in one or more local newspapers of general circulation, advising local citizens of the availability of grant funds and establishing a convenient time and place for interested citizens to obtain information and pick up application forms to provide for eligible residents to be considered for inclusion in the program. Applications will be accepted by the County for a minimum of twelve (12) calendar days after the notice is placed. 2 A list of qualified applicants will be compiled by each of the Non -Profit and/or For -Profit Housing Organizations selected by the County to participate as a sub -recipient or developer to help carry out one or more NSP strategies. Each sub -recipient or developer shall inform their potential applicants who are eligible to participate in the NSP program to apply for NSP participation. All applicants considered as possible NSP beneficiaries must qualify for participation under the strategy they are being considered for. The steps carried out by the sub -recipient or developer to solicit for applicants must also be made available to the County. 3. The County's list of eligible SHIP applicants shall be included for consideration as potential beneficiaries. 4. Local organizations which work with clientele that could qualify for the program will be contacted, and asked to refer their potential applicants for NSP participation to the County. Rental Housing Strategy In a situation where there are more rental applicants than NSP housing units available, the following ranking criteria will be utilized to rank qualified applicants: 2 1. Applicants that were on the local government's affordable housing waiting list, a sub -recipient's waiting list, or a developer's waiting list, for eligible participants. 2 Applicants with a disabled and/or handicapped heads of household. 3. Applicants with a Heads of Household over 62 years of age 4. Where the available rental unit is sufficiently sized, applicants with large families (five or more). 5. Applicants with small families (four or less). Through the marketing process for the rental properties, the county NSP representative, the sub -recipient, the participating developer or the consultant will meet with applicants and discuss the requirements of the program. This shall include providing an informational packet to applicants The informational packet shall include, at a minimum, a copy of the Housing Assistance Plan, Lead Based Paint warning information, application form, and other appropriate documents. All applicants will be required to complete a pre -approval application and provide all requested back up documentation required to determine their program eligibility. When requested, the applicant shall provide any additional and updated information to document changes in household income and/or composition. At least 5 working days prior to renting each housing unit, the rental housing developer will coordinate with any entity or individual involved with the NSP tenant selection process to ensure that a Conflict of Interest does not exist with the applicant of the to -be - rented unit. Those entities or individuals will execute a conflict of interest disclosure form stating that a conflict of interest does not exist. If a conflict of interest is disclosed by any entity or individual involved with the NSP tenant selection process, the procedures contained in Section 7, Conflict Of Interest, will be followed. Since the Indian River County Board of County Commissioners (BCC) and the CATF will not be involved in the applicant selection process, the BCC and CATF will not be subject to conflict of interest provisions. Homebuyer Strategy Homebuyers will be ranked based upon the date and time they submitted a complete NSP CDBG application to the County's NSP resale strategy sub -recipient or the County's NSP resale strategy Developer. The complete NSP CDBG application shall include an acceptable first mortgage pre -qualification letter from an eligible first mortgage lender. Through the marketing process for the ownership properties, the county NSP representative, the sub -recipient, the participating developer or the consultant will meet with applicants and discuss the requirements of the program. This shall include providing an informational packet to applicants. The informational packet shall include, at a minimum, a copy of the Housing Assistance Plan, Lead Based Paint warning information, application form, and other appropriate documents. 3 1. Applicants that were on the local government's affordable housing waiting list, a sub -recipient's waiting list, or a developer's waiting list, for eligible participants. 2 Applicants with a disabled and/or handicapped heads of household. 3. Applicants with a Heads of Household over 62 years of age 4. Where the available rental unit is sufficiently sized, applicants with large families (five or more). 5. Applicants with small families (four or less). Through the marketing process for the rental properties, the county NSP representative, the sub -recipient, the participating developer or the consultant will meet with applicants and discuss the requirements of the program. This shall include providing an informational packet to applicants The informational packet shall include, at a minimum, a copy of the Housing Assistance Plan, Lead Based Paint warning information, application form, and other appropriate documents. All applicants will be required to complete a pre -approval application and provide all requested back up documentation required to determine their program eligibility. When requested, the applicant shall provide any additional and updated information to document changes in household income and/or composition. At least 5 working days prior to renting each housing unit, the rental housing developer will coordinate with any entity or individual involved with the NSP tenant selection process to ensure that a Conflict of Interest does not exist with the applicant of the to -be - rented unit. Those entities or individuals will execute a conflict of interest disclosure form stating that a conflict of interest does not exist. If a conflict of interest is disclosed by any entity or individual involved with the NSP tenant selection process, the procedures contained in Section 7, Conflict Of Interest, will be followed. Since the Indian River County Board of County Commissioners (BCC) and the CATF will not be involved in the applicant selection process, the BCC and CATF will not be subject to conflict of interest provisions. Homebuyer Strategy Homebuyers will be ranked based upon the date and time they submitted a complete NSP CDBG application to the County's NSP resale strategy sub -recipient or the County's NSP resale strategy Developer. The complete NSP CDBG application shall include an acceptable first mortgage pre -qualification letter from an eligible first mortgage lender. Through the marketing process for the ownership properties, the county NSP representative, the sub -recipient, the participating developer or the consultant will meet with applicants and discuss the requirements of the program. This shall include providing an informational packet to applicants. The informational packet shall include, at a minimum, a copy of the Housing Assistance Plan, Lead Based Paint warning information, application form, and other appropriate documents. 3 All applicants will be required to complete a pre -approval application and provide all requested back up documentation required to determine their program eligibility. When requested, the applicant shall provide any additional and updated information to document changes in household income and/or composition. Prior to the closing on each housing unit, the homeownership sub -recipient shall provide a list of qualified applicants for purchase of the resale housing units to the CATF and Indian River County Board of County Commissioners The CATF and Board of County Commissioners will review the list of potential homebuyers to ensure a Conflict of Interest does not exist with anyone on the list. All program beneficiaries who will be purchasing housing units will be required to attend, at a minimum, 8 hours of approved credit counseling. The credit counseling shall be provided by a HUD certified organization prior to final approval of the beneficiary through the NSP Program. General Provisions There will be no acquisition or rehabilitation of mobile homes, modular homes or other forms of manufactured housing with NSP dollars under this program. All recipients of properties purchased under the local NSP program will be required to provide proof of insurance at closing and maintain homeowners insurance including, at a minimum, fire, liability, causality and, theft insurance. The owners of all properties purchased with NSP funding that are located in a flood zone must provide proof of flood insurance at closing and maintain flood insurance for the life of the mortgage. All required insurance policies must be maintained for the length of time that the mortgage with the local government is in effect. Developers will be allowed a developer's fee (maximum of 12% of the line item activity budget) and Sub -recipients will be allowed the actual cost for: 1. Marketing the property; 2 Finding and qualifying applicants for purchase or rental of the property 3. Assisting prospective home buyers in obtaining fixed rate mortgages. 4. Working with local government staff and the consultant to verify that all grant requirements are being adhered to. 5. Providing for the maintenance of the property during the period of time that the property is owned by the sub -recipient or developer. 6. Assisting the applicant with the home buying process. 1. REHABILITATION STANDARDS Neighborhood Stabilization Program funds will be utilized to purchase foreclosed, abandoned, deed in lieu of foreclosure, blight properties and/or other financially 4 All applicants will be required to complete a pre -approval application and provide all requested back up documentation required to determine their program eligibility. When requested, the applicant shall provide any additional and updated information to document changes in household income and/or composition. Prior to the closing on each housing unit, the homeownership sub -recipient shall provide a list of qualified applicants for purchase of the resale housing units to the CATF and Indian River County Board of County Commissioners The CATF and Board of County Commissioners will review the list of potential homebuyers to ensure a Conflict of Interest does not exist with anyone on the list. All program beneficiaries who will be purchasing housing units will be required to attend, at a minimum, 8 hours of approved credit counseling. The credit counseling shall be provided by a HUD certified organization prior to final approval of the beneficiary through the NSP Program. General Provisions There will be no acquisition or rehabilitation of mobile homes, modular homes or other forms of manufactured housing with NSP dollars under this program. All recipients of properties purchased under the local NSP program will be required to provide proof of insurance at closing and maintain homeowners insurance including, at a minimum, fire, liability, causality and, theft insurance. The owners of all properties purchased with NSP funding that are located in a flood zone must provide proof of flood insurance at closing and maintain flood insurance for the life of the mortgage. All required insurance policies must be maintained for the length of time that the mortgage with the local government is in effect. Developers will be allowed a developer's fee (maximum of 12% of the line item activity budget) and Sub -recipients will be allowed the actual cost for: 1. Marketing the property; 2 Finding and qualifying applicants for purchase or rental of the property 3. Assisting prospective home buyers in obtaining fixed rate mortgages. 4. Working with local government staff and the consultant to verify that all grant requirements are being adhered to. 5. Providing for the maintenance of the property during the period of time that the property is owned by the sub -recipient or developer. 6. Assisting the applicant with the home buying process. 1. REHABILITATION STANDARDS Neighborhood Stabilization Program funds will be utilized to purchase foreclosed, abandoned, deed in lieu of foreclosure, blight properties and/or other financially 4 distressed properties as allowed by HUD and DCA in predetermined target areas. Residential structures purchased under this progi am that are not deemed beyond feasible repair (repairs exceeding 50% of the value of the structure) will be rehabilitated as needed to meet the followings 1. HUD Section 8 Housing Quality Standards (24CFR982.401) 2 Local Zoning Requirements 3. State of Florida Building Code 4. The local building code 5. Modern, Green Building and Energy -Efficiency Criteria 6. Florida Energy Efficiency Code for Building Construction (Newly Constructed Housing Units) 7. Accessibility requirements of 24 CFR Part 8, 24 CFR 100 201, and 24 CFR 100 205 Parcels and residential structures acquired under this program will be purchased at no more than ninety-nine percent (99%) of the current appraised market value of the property. Current appraised value will be determined by an appraisal completed by a licensed real estate appraiser within 60 days prior to the closing on the property. The Housing Specialist will assign a case number and evaluate each property being considered for purchase under the program The initial inspection will result in a report of finding which will be used in the consideration for purchase. Homes considered for purchase under this program will be evaluated by the local Housing Specialist and/or Non -Profit and/or For Profit sub -recipient, and/or Non -Profit Developer, and/or For Profit Developer, and a written evaluation of property condition and extent of rehabilitation will be submitted to County staff for review prior to the completion of the due diligence period for the property. Written notification will be submitted by certified mail or other form of delivery which includes receipt confirmation to all property owners whose properties were initially under contract for purchase under this program, but later were eliminated from consideration. Prior to the County moving forward with carrying out its due diligence on any parcel being considered for purchase, the owner of the parcel to be acquired under this program, will be required to sign a purchase option contract with the County, its sub -recipient, or developer that commits the property owner to sell the property. The County will not exercise any powers of eminent domain as part of the NSP Program. All contractors will be required to maintain and provide proof of builders risk insurance on all new construction and rehabilitation contracts under the NSP Program. The County will advertise for contractors in a newspaper published in a Metropolitan Statistical Area (MSA) with circulation throughout Indian River County The County will allow contractors a minimum of 15 days to submit prequalification packages. All 5 distressed properties as allowed by HUD and DCA in predetermined target areas. Residential structures purchased under this progi am that are not deemed beyond feasible repair (repairs exceeding 50% of the value of the structure) will be rehabilitated as needed to meet the followings 1. HUD Section 8 Housing Quality Standards (24CFR982.401) 2 Local Zoning Requirements 3. State of Florida Building Code 4. The local building code 5. Modern, Green Building and Energy -Efficiency Criteria 6. Florida Energy Efficiency Code for Building Construction (Newly Constructed Housing Units) 7. Accessibility requirements of 24 CFR Part 8, 24 CFR 100 201, and 24 CFR 100 205 Parcels and residential structures acquired under this program will be purchased at no more than ninety-nine percent (99%) of the current appraised market value of the property. Current appraised value will be determined by an appraisal completed by a licensed real estate appraiser within 60 days prior to the closing on the property. The Housing Specialist will assign a case number and evaluate each property being considered for purchase under the program The initial inspection will result in a report of finding which will be used in the consideration for purchase. Homes considered for purchase under this program will be evaluated by the local Housing Specialist and/or Non -Profit and/or For Profit sub -recipient, and/or Non -Profit Developer, and/or For Profit Developer, and a written evaluation of property condition and extent of rehabilitation will be submitted to County staff for review prior to the completion of the due diligence period for the property. Written notification will be submitted by certified mail or other form of delivery which includes receipt confirmation to all property owners whose properties were initially under contract for purchase under this program, but later were eliminated from consideration. Prior to the County moving forward with carrying out its due diligence on any parcel being considered for purchase, the owner of the parcel to be acquired under this program, will be required to sign a purchase option contract with the County, its sub -recipient, or developer that commits the property owner to sell the property. The County will not exercise any powers of eminent domain as part of the NSP Program. All contractors will be required to maintain and provide proof of builders risk insurance on all new construction and rehabilitation contracts under the NSP Program. The County will advertise for contractors in a newspaper published in a Metropolitan Statistical Area (MSA) with circulation throughout Indian River County The County will allow contractors a minimum of 15 days to submit prequalification packages. All 5 contractors must be pre -approved prior to bidding on projects. Pre -approval will include completing a pre -qualification package, providing proof of proper licensing through the Florida Department of Business and Professional Regulation, providing proof of insurance, providing proof of liability and worker's compensation insurance (provided waivers will be evaluated), and providing references and background documentation. Contractors who have a potential conflict of interest with any recipients, sub -recipients, developers or potential beneficiaries will not be allowed to submit bids or perform any work under the NSP program. A list of prequalified contractors will be developed and maintained. Bid specifications meeting the criteria of the program will be developed on each property by the Housing Specialist, sub -recipient, or developer. Bid specification packages and contracts for multifamily projects with eight (8) or more units will include Federal Labor Standards requirements, including Davis Bacon compliance, Labor Standards provisions, Section 3 requirements and other applicable Federal labor requirements. The County is not planning to purchase or rehabilitate any properties with eight (8) or more multifamily units. For rehabilitation of NSP houses acquired by subrecipients, the following procedures shall apply• Prequalified contractors will be notified in writing of all available bid packages and mandatory bid walkthroughs In the bid specifications, the date and time that the bids are due, as well as the public bid opening date, will be specified. All bids will be submitted to the County. The bids will be publicly opened as stated in the contractor bid notification. Bids will be evaluated and the lowest qualified bid will be recommended for approval. Only bids received from prequalified contractors who had a representative attend the mandatory bid walkthrough will be considered for contract award. For rehabilitation of NSP homes acquired by developers, the above procedures shall not apply. Instead, developers shall establish their own procedures, which must not conflict with NSP CDBG requirements, for rehabilitating NSP acquired homes. All bids for homes being rehabilitated by the County will be presented to the Indian River County Board of County Commissioners for final approval. Bids for homes acquired and being rehabilitated by sub -recipients and/or developers as part of the NSP shall not require Board of County Commissioner's approval. Contractors will be awarded no more than three (3) NSP construction contracts at any one time. This number may be increased at the discretion of the County based upon the contractor's demonstrated capacity to assume additional work. 6 contractors must be pre -approved prior to bidding on projects. Pre -approval will include completing a pre -qualification package, providing proof of proper licensing through the Florida Department of Business and Professional Regulation, providing proof of insurance, providing proof of liability and worker's compensation insurance (provided waivers will be evaluated), and providing references and background documentation. Contractors who have a potential conflict of interest with any recipients, sub -recipients, developers or potential beneficiaries will not be allowed to submit bids or perform any work under the NSP program. A list of prequalified contractors will be developed and maintained. Bid specifications meeting the criteria of the program will be developed on each property by the Housing Specialist, sub -recipient, or developer. Bid specification packages and contracts for multifamily projects with eight (8) or more units will include Federal Labor Standards requirements, including Davis Bacon compliance, Labor Standards provisions, Section 3 requirements and other applicable Federal labor requirements. The County is not planning to purchase or rehabilitate any properties with eight (8) or more multifamily units. For rehabilitation of NSP houses acquired by subrecipients, the following procedures shall apply• Prequalified contractors will be notified in writing of all available bid packages and mandatory bid walkthroughs In the bid specifications, the date and time that the bids are due, as well as the public bid opening date, will be specified. All bids will be submitted to the County. The bids will be publicly opened as stated in the contractor bid notification. Bids will be evaluated and the lowest qualified bid will be recommended for approval. Only bids received from prequalified contractors who had a representative attend the mandatory bid walkthrough will be considered for contract award. For rehabilitation of NSP homes acquired by developers, the above procedures shall not apply. Instead, developers shall establish their own procedures, which must not conflict with NSP CDBG requirements, for rehabilitating NSP acquired homes. All bids for homes being rehabilitated by the County will be presented to the Indian River County Board of County Commissioners for final approval. Bids for homes acquired and being rehabilitated by sub -recipients and/or developers as part of the NSP shall not require Board of County Commissioner's approval. Contractors will be awarded no more than three (3) NSP construction contracts at any one time. This number may be increased at the discretion of the County based upon the contractor's demonstrated capacity to assume additional work. 6 Each construction contract will include a draw schedule, defined late penalties and the allowed number of days to complete the project. A Notice of Commencement will be recorded for each property after contract execution. A Notice to Proceed will be issued for construction. All construction projects will require permitting through the local building department. The housing specialist will perform random on site inspections during construction in addition to scheduled inspections as part of the draw request process. A copy of all requests for payments will be submitted by the contractor to the local government representative and the housing specialist. All payment requests submitted by the contractor shall include partial release of liens and evidence of all required building department approvals. The final request for payment must be include a Certificate of Occupancy or a Certificate of Completion from the local building department, full release of liens from the contractor, all sub -contractors and material suppliers, and a statement from the contractor that all items on the initial work write up as modified through change orders have been competed. At the final walkthrough, the contractor is to provide the Housing Specialist, sub - recipient or developer with a notebook containing all new appliance booklets, new HVAC information and all warranties associated with the project as per the bid specifications. The contractor will submit a copy of the Certificate of Occupancy or Certificate of Completion from the local building department along with the Contractor's Certification of Completion to the Housing Specialist. Upon the receipt of this information, the Housing Specialist, sub -recipient or developer shall issue a final inspection report certifying that the residence meets the applicable local code and Section 8 Housing Quality Standards. No change orders are to be considered approved until fully executed by the contractor, appropriate housing specialist, local government representative, and appropriate sub - recipient, or developer. No change order over one thousand dollars ($ 1,000.00) will be considered unless it is to address a building code violation, a Section 8 Housing Quality Standard issue, a local code issue, or a health and safety issue. 7 Each construction contract will include a draw schedule, defined late penalties and the allowed number of days to complete the project. A Notice of Commencement will be recorded for each property after contract execution. A Notice to Proceed will be issued for construction. All construction projects will require permitting through the local building department. The housing specialist will perform random on site inspections during construction in addition to scheduled inspections as part of the draw request process. A copy of all requests for payments will be submitted by the contractor to the local government representative and the housing specialist. All payment requests submitted by the contractor shall include partial release of liens and evidence of all required building department approvals. The final request for payment must be include a Certificate of Occupancy or a Certificate of Completion from the local building department, full release of liens from the contractor, all sub -contractors and material suppliers, and a statement from the contractor that all items on the initial work write up as modified through change orders have been competed. At the final walkthrough, the contractor is to provide the Housing Specialist, sub - recipient or developer with a notebook containing all new appliance booklets, new HVAC information and all warranties associated with the project as per the bid specifications. The contractor will submit a copy of the Certificate of Occupancy or Certificate of Completion from the local building department along with the Contractor's Certification of Completion to the Housing Specialist. Upon the receipt of this information, the Housing Specialist, sub -recipient or developer shall issue a final inspection report certifying that the residence meets the applicable local code and Section 8 Housing Quality Standards. No change orders are to be considered approved until fully executed by the contractor, appropriate housing specialist, local government representative, and appropriate sub - recipient, or developer. No change order over one thousand dollars ($ 1,000.00) will be considered unless it is to address a building code violation, a Section 8 Housing Quality Standard issue, a local code issue, or a health and safety issue. 7 Any housing units located within a designated flood plain being considered for acquisition and rehabilitation must have a floor elevation above the FEMA 100 year flood zone elevation. All new construction carried out in a flood zone shall be placed a minimum of twelve inches (12") above the FEMA 100 year flood zone elevation. The date of original construction of a structure will be determined by the County's property records and the data provided by the title search. Information on all homes over 50 years of age that are proposed for inclusion in the NSP will be presented to the Florida Department of State Bureau of Historic Preservation The package submitted to the Bureau of Historic Preservation shall include the proposed rehabilitation specifications and current pictures The decision as to whether to proceed with the project will be based upon the guidance received from the State Bureau of Historic Preservation. All residential housing units built prior to 1978 and being considered for inclusion in the NSP program will be inspected by a licensed lead inspector. If lead is found exceeding the maximum safe amounts as specified by HUD and it is decided to proceed with acquisition and rehabilitation of the property, the lead will be abated based upon the direction of a lead inspector The lead abatement process shall be included in the bid specifications. After the lead abatement has been completed, a clearance test will be performed by a licensed lead inspector. Abatement will proceed until clearance is obtained. 2. RENTAL ASSISTANCE The local NSPLI (Neighborhood Stabilization Program Low Income) Supplemental Allocation will be utilized to purchase and rehabilitate foreclosed, abandoned or blighted structures. These structures will be brought up to Section 8 Housing Quality Standards and made available as rental properties to households with a combined household income which is less than 50% of the area median income (AMI). All potential tenants will be required to go through the full client application process to determine eligibility and ranking. A portion of Regular NSP funds will be utilized to purchase and rehabilitate foreclosed, abandoned or blighted structures for rental to households with a combined household income which is less than 120% of the area median income. All potential tenants will be required to go through the full client application process to determine eligibility and ranking. At least five (5) working days prior to leasing each rental unit to an applicant, the selected non-profit or for profit organization(s) shall provide an opportunity for County staff or the County's representatives to review the applicant file of the to -be -rented unit at the organization's site. The County staff or county representative's review will be for the purpose of verifying compliance with NSP CDBG eligibility requirements. 8 Any housing units located within a designated flood plain being considered for acquisition and rehabilitation must have a floor elevation above the FEMA 100 year flood zone elevation. All new construction carried out in a flood zone shall be placed a minimum of twelve inches (12") above the FEMA 100 year flood zone elevation. The date of original construction of a structure will be determined by the County's property records and the data provided by the title search. Information on all homes over 50 years of age that are proposed for inclusion in the NSP will be presented to the Florida Department of State Bureau of Historic Preservation The package submitted to the Bureau of Historic Preservation shall include the proposed rehabilitation specifications and current pictures The decision as to whether to proceed with the project will be based upon the guidance received from the State Bureau of Historic Preservation. All residential housing units built prior to 1978 and being considered for inclusion in the NSP program will be inspected by a licensed lead inspector. If lead is found exceeding the maximum safe amounts as specified by HUD and it is decided to proceed with acquisition and rehabilitation of the property, the lead will be abated based upon the direction of a lead inspector The lead abatement process shall be included in the bid specifications. After the lead abatement has been completed, a clearance test will be performed by a licensed lead inspector. Abatement will proceed until clearance is obtained. 2. RENTAL ASSISTANCE The local NSPLI (Neighborhood Stabilization Program Low Income) Supplemental Allocation will be utilized to purchase and rehabilitate foreclosed, abandoned or blighted structures. These structures will be brought up to Section 8 Housing Quality Standards and made available as rental properties to households with a combined household income which is less than 50% of the area median income (AMI). All potential tenants will be required to go through the full client application process to determine eligibility and ranking. A portion of Regular NSP funds will be utilized to purchase and rehabilitate foreclosed, abandoned or blighted structures for rental to households with a combined household income which is less than 120% of the area median income. All potential tenants will be required to go through the full client application process to determine eligibility and ranking. At least five (5) working days prior to leasing each rental unit to an applicant, the selected non-profit or for profit organization(s) shall provide an opportunity for County staff or the County's representatives to review the applicant file of the to -be -rented unit at the organization's site. The County staff or county representative's review will be for the purpose of verifying compliance with NSP CDBG eligibility requirements. 8 All approved and denied applicant files for the NSP CDBG rental program shall be kept and maintained at the office(s) of the selected non-profit or for profit organizations, and those files shall be available for county review when requested. Any organization(s) chosen through a request for proposal process to purchase, rehabilitate, own and manage NSP acquired rental properties must have at minimum of five (5) years experience in the management of federal or state funded rental properties. Each NSP rental property will be purchased by one of the selected non-profit or for profit organizations. On each rental property purchased and rehabilitated with NSP funds, the local government will place a deed restriction. The deed restriction placed on the rental property; will require that the property remain affordable during the fifteen (15) year period to the specified Area Median Income (AMI) group that it is targeted to. The deed restriction will be for a period of fifteen (15) years and will prohibit transfer of the property from the non-profit organization. If the terms of the deed restriction are violated, the total amount of NSP funds expended for the property shall be due and payable. All rents will be affordable based upon the tenant's income and HUD's Annual Fair Market rent limits. Transfer of title from one non-profit or for-profit entity to another non-profit or for-profit entity, for essentially the same uses and purposes as the originally intended uses and purposes, will not constitute a violation of the deed restriction. All requirements placed on the original non-profit or for-profit entity shall flow down to any qualified subsequent non-profit or for-profit entity of NSP properties. The non-profit or for-profit entity desiring to transfer title to another non-profit or for-profit entity must obtain approval of the transfer from the Indian River County Board of County Commissioners a minimum of sixty (60) days prior to transfer of title. The qualified subsequent purchaser must become a named party to the Agreement between Indian River County and the original non-profit or for-profit entity. 3. ACQUISITION PURCHASE ASSISTANCE With respect to the acquisition purchase assistance strategy, a notice will be place in a newspaper with local circulation advising all local owners of foreclosed or abandoned properties, including lending institutions, of the availability of the NSP program and of the local government's intent to purchase foreclosed, abandoned, blighted and deed in lieu of foreclosure properties. By utilizing information obtained from the County Clerk's office, information obtained from Realty Trac, information obtained from various financial institution web sites, and information provided by the owners of eligible properties, the local government will compile a pool of eligible properties. A request for proposals will be published to solicit local non-profit and for profit organizations that wish to assume the role as sub -recipients or developers in the local 9 All approved and denied applicant files for the NSP CDBG rental program shall be kept and maintained at the office(s) of the selected non-profit or for profit organizations, and those files shall be available for county review when requested. Any organization(s) chosen through a request for proposal process to purchase, rehabilitate, own and manage NSP acquired rental properties must have at minimum of five (5) years experience in the management of federal or state funded rental properties. Each NSP rental property will be purchased by one of the selected non-profit or for profit organizations. On each rental property purchased and rehabilitated with NSP funds, the local government will place a deed restriction. The deed restriction placed on the rental property; will require that the property remain affordable during the fifteen (15) year period to the specified Area Median Income (AMI) group that it is targeted to. The deed restriction will be for a period of fifteen (15) years and will prohibit transfer of the property from the non-profit organization. If the terms of the deed restriction are violated, the total amount of NSP funds expended for the property shall be due and payable. All rents will be affordable based upon the tenant's income and HUD's Annual Fair Market rent limits. Transfer of title from one non-profit or for-profit entity to another non-profit or for-profit entity, for essentially the same uses and purposes as the originally intended uses and purposes, will not constitute a violation of the deed restriction. All requirements placed on the original non-profit or for-profit entity shall flow down to any qualified subsequent non-profit or for-profit entity of NSP properties. The non-profit or for-profit entity desiring to transfer title to another non-profit or for-profit entity must obtain approval of the transfer from the Indian River County Board of County Commissioners a minimum of sixty (60) days prior to transfer of title. The qualified subsequent purchaser must become a named party to the Agreement between Indian River County and the original non-profit or for-profit entity. 3. ACQUISITION PURCHASE ASSISTANCE With respect to the acquisition purchase assistance strategy, a notice will be place in a newspaper with local circulation advising all local owners of foreclosed or abandoned properties, including lending institutions, of the availability of the NSP program and of the local government's intent to purchase foreclosed, abandoned, blighted and deed in lieu of foreclosure properties. By utilizing information obtained from the County Clerk's office, information obtained from Realty Trac, information obtained from various financial institution web sites, and information provided by the owners of eligible properties, the local government will compile a pool of eligible properties. A request for proposals will be published to solicit local non-profit and for profit organizations that wish to assume the role as sub -recipients or developers in the local 9 government's NSP program. The organizations selected will be utilized to acquire and rehabilitate foreclosed properties. The selected properties will be sold to eligible homebuyers as their primary residence. All proposals received will be evaluated and ranked based on each organization's ability to best address the activities included in the NSP program in the time allowed. The proposed ranking will be submitted to the Indian River County Commission for final action. A sub -recipient or developer agreement will be executed with each approved organization. Once selected, each organization will be provided with a list of available properties that meet the requirements of the NSP program. From that list, each organization will develop a list of properties that it would like to purchase in order to carry out its NSP program strategy. All properties considered for acquisition will be inspected by the housing specialist, and a written report and cost estimate will be prepared and presented to County staff This report and cost estimate will be used to determine which properties would best address the strategies to be carried out as part of the County's NSP program. An appraisal will be prepared for each property considered for purchase. No longer than sixty (60) days after the completion of the appraisal report on the property, a written offer to purchase will be submitted by the local government, its sub - recipient or developer partner to the property owner utilizing the Florida Association of Realtors purchase option contract which has been approved by the Florida BAR. The contract shall include the following contingencies: • No lead paint • Appropriate zoning and permits • No liens For each property acquired with NSP funds, the purchase prices will not exceed 99% of the current appraised market value of the property. Once an offer is accepted by a seller, the following activities will be carried out: • A property survey will be completed. If the property is located in a 100 year flood zone, the survey will include information on existing floor elevations. • A Phase 1 Environmental Assessment will be prepared for the property, if the property is located in or in close proximity a known Brownfield area. • A title search will be performed, and the feasibility to obtain title insurance on the property will be determined. 10 government's NSP program. The organizations selected will be utilized to acquire and rehabilitate foreclosed properties. The selected properties will be sold to eligible homebuyers as their primary residence. All proposals received will be evaluated and ranked based on each organization's ability to best address the activities included in the NSP program in the time allowed. The proposed ranking will be submitted to the Indian River County Commission for final action. A sub -recipient or developer agreement will be executed with each approved organization. Once selected, each organization will be provided with a list of available properties that meet the requirements of the NSP program. From that list, each organization will develop a list of properties that it would like to purchase in order to carry out its NSP program strategy. All properties considered for acquisition will be inspected by the housing specialist, and a written report and cost estimate will be prepared and presented to County staff This report and cost estimate will be used to determine which properties would best address the strategies to be carried out as part of the County's NSP program. An appraisal will be prepared for each property considered for purchase. No longer than sixty (60) days after the completion of the appraisal report on the property, a written offer to purchase will be submitted by the local government, its sub - recipient or developer partner to the property owner utilizing the Florida Association of Realtors purchase option contract which has been approved by the Florida BAR. The contract shall include the following contingencies: • No lead paint • Appropriate zoning and permits • No liens For each property acquired with NSP funds, the purchase prices will not exceed 99% of the current appraised market value of the property. Once an offer is accepted by a seller, the following activities will be carried out: • A property survey will be completed. If the property is located in a 100 year flood zone, the survey will include information on existing floor elevations. • A Phase 1 Environmental Assessment will be prepared for the property, if the property is located in or in close proximity a known Brownfield area. • A title search will be performed, and the feasibility to obtain title insurance on the property will be determined. 10 • The current zoning of the property will be researched to verify that the property is properly zoned for the intended use. The property closing will take place at a title company or attorney's office. For each property acquired with NSP funds and sold to a qualifying household, a promissory note and mortgage will be placed on the property. The mortgage will be for fifteen (15) years at a zero interest rate. If the term of the mortgage has not been completed at time of sale of the property, the mortgage will be due and payable to the County when title to the property transfers from the parties on the mortgage. For each property acquired with NSP funds and rented to a qualifying household, a deed restriction will be placed on the property requiring that the property remain affordable and rented to a household in the specified Area Median Income (AMI) group for a minimum of fifteen (15) years. If the local government decides not to purchase a property after the local government has entered into a contract to purchase the property, a letter notifying the property owner of the local government's decision not to purchase the property will be sent by certified mail or other form of delivery with verifiable evidence of delivery to the property owner. 4. RESALE PROPERTY DISPOSITION The disposition of properties acquired in the resale strategy will be as follows: 1. The County, the County's Sub -recipient or the County's Developer will advertise for applicants. 2. Applicants will complete a NSP CDBG home purchase application and submit that complete application to the County's Sub -recipient or the County's Developer (as applicable). That application shall include an acceptable first mortgage pre -qualification letter from an eligible first mortgage lender and any other required information. 3. Applicants who submit a complete NSP CDBG application package will be considered "qualified homebuyers" to participate in the NSP CDBG home purchase program. Qualified homebuyers will be ranked on a first qualified, first complete application basis. 4. When a group of housing units are ready for resale to qualified homebuyers, a meeting will be held with qualified homebuyer applicants to review general requirements. At that meeting, a list of the housing units will be provided to the homebuyers. 5. A first look period for a minimum of fifteen calendar days will be given for the potential qualified homebuyers to view the available properties. A minimum of one open house will be scheduled for each property during the first look period 6. During the first look period, qualified homebuyer applicants may submit a list of the houses they would like to purchase in priority order. 7. Based on the lists received from the qualified homebuyer applicants, the County's Sub -recipient or the County's Developer (as applicable) will tabulate and develop a housing unit sale prioritization list and will notify each potential homebuyer of 11 • The current zoning of the property will be researched to verify that the property is properly zoned for the intended use. The property closing will take place at a title company or attorney's office. For each property acquired with NSP funds and sold to a qualifying household, a promissory note and mortgage will be placed on the property. The mortgage will be for fifteen (15) years at a zero interest rate. If the term of the mortgage has not been completed at time of sale of the property, the mortgage will be due and payable to the County when title to the property transfers from the parties on the mortgage. For each property acquired with NSP funds and rented to a qualifying household, a deed restriction will be placed on the property requiring that the property remain affordable and rented to a household in the specified Area Median Income (AMI) group for a minimum of fifteen (15) years. If the local government decides not to purchase a property after the local government has entered into a contract to purchase the property, a letter notifying the property owner of the local government's decision not to purchase the property will be sent by certified mail or other form of delivery with verifiable evidence of delivery to the property owner. 4. RESALE PROPERTY DISPOSITION The disposition of properties acquired in the resale strategy will be as follows: 1. The County, the County's Sub -recipient or the County's Developer will advertise for applicants. 2. Applicants will complete a NSP CDBG home purchase application and submit that complete application to the County's Sub -recipient or the County's Developer (as applicable). That application shall include an acceptable first mortgage pre -qualification letter from an eligible first mortgage lender and any other required information. 3. Applicants who submit a complete NSP CDBG application package will be considered "qualified homebuyers" to participate in the NSP CDBG home purchase program. Qualified homebuyers will be ranked on a first qualified, first complete application basis. 4. When a group of housing units are ready for resale to qualified homebuyers, a meeting will be held with qualified homebuyer applicants to review general requirements. At that meeting, a list of the housing units will be provided to the homebuyers. 5. A first look period for a minimum of fifteen calendar days will be given for the potential qualified homebuyers to view the available properties. A minimum of one open house will be scheduled for each property during the first look period 6. During the first look period, qualified homebuyer applicants may submit a list of the houses they would like to purchase in priority order. 7. Based on the lists received from the qualified homebuyer applicants, the County's Sub -recipient or the County's Developer (as applicable) will tabulate and develop a housing unit sale prioritization list and will notify each potential homebuyer of 11 the housing unit that he will be allowed to submit a contract on (based on his place in the applicant ranking list). 8. After receipt of notification, potential homebuyers may submit a signed contract for a NSP CDBG housing unit. An earnest deposit of $500 must be submitted to the County's Sub-recipient or the County's Developer (as applicable) at time of submission of the contract. Failure to submit a contract within five calendar days of the sub-recipient or developer notifying the applicant of his right to submit a purchase contract may result in the selected property being offered to another qualified applicant. 9. The homebuyer applicant who was first qualified will have the opportunity to contract for the purchase of the first home on his priority list at the selling price of the property. The selling price will be the lesser of the appraised value or the amount of NSP funds invested in the acquisition and rehabilitation of the property. 10. The homebuyer applicant who qualified next will be given the option of contracting for the first property on his priority list, and this process will continue until all homebuyer applicants have had the option of contracting for a property or all of the properties have been placed under contract 11. If a homebuyer applicant's first priority property has been contracted for, he can proceed with contracting for the next available property on his priority list or he can enter into a back-up contract on a property in the event the initial contract does not proceed to closing. 12. At the end of the process described above, any remaining NSP resale properties will be made available to homebuyer applicants as the potential homebuyers are qualified for the NSP. Properties may be marketed by the County in either of the two ways described below: (a) The County may offer a real estate commission equal to three percent (3%) of the sales price of the property to the real estate broker bringing an executed real estate purchase agreement to the County for one of the NSP available resale properties at the County's asking price. Real Estate Commissions shall be due and payable to the real estate broker only upon the buyer being determined eligible to participate in the NSP and purchasing the property (b) The County may list the NSP properties with a real estate broker to market the properties to potential qualified homebuyers. In so doing, the County will offer a commission to the real estate broker listing a property equal to three percent (3%) of the sales price of the property and an additional three percent (3%) of the sales price will be offered through the County's property listing real estate broker to the real estate broker bringing an executed real estate purchase agreement to the County for one of the NSP available resale properties at the County's asking price. Both real estate commissions will be due and payable to the real estate brokers upon the buyer being determined eligible to participate in the NSP and purchasing the property. 12 the housing unit that he will be allowed to submit a contract on (based on his place in the applicant ranking list). 8. After receipt of notification, potential homebuyers may submit a signed contract for a NSP CDBG housing unit. An earnest deposit of $500 must be submitted to the County's Sub-recipient or the County's Developer (as applicable) at time of submission of the contract. Failure to submit a contract within five calendar days of the sub-recipient or developer notifying the applicant of his right to submit a purchase contract may result in the selected property being offered to another qualified applicant. 9. The homebuyer applicant who was first qualified will have the opportunity to contract for the purchase of the first home on his priority list at the selling price of the property. The selling price will be the lesser of the appraised value or the amount of NSP funds invested in the acquisition and rehabilitation of the property. 10. The homebuyer applicant who qualified next will be given the option of contracting for the first property on his priority list, and this process will continue until all homebuyer applicants have had the option of contracting for a property or all of the properties have been placed under contract 11. If a homebuyer applicant's first priority property has been contracted for, he can proceed with contracting for the next available property on his priority list or he can enter into a back-up contract on a property in the event the initial contract does not proceed to closing. 12. At the end of the process described above, any remaining NSP resale properties will be made available to homebuyer applicants as the potential homebuyers are qualified for the NSP. Properties may be marketed by the County in either of the two ways described below: (a) The County may offer a real estate commission equal to three percent (3%) of the sales price of the property to the real estate broker bringing an executed real estate purchase agreement to the County for one of the NSP available resale properties at the County's asking price. Real Estate Commissions shall be due and payable to the real estate broker only upon the buyer being determined eligible to participate in the NSP and purchasing the property (b) The County may list the NSP properties with a real estate broker to market the properties to potential qualified homebuyers. In so doing, the County will offer a commission to the real estate broker listing a property equal to three percent (3%) of the sales price of the property and an additional three percent (3%) of the sales price will be offered through the County's property listing real estate broker to the real estate broker bringing an executed real estate purchase agreement to the County for one of the NSP available resale properties at the County's asking price. Both real estate commissions will be due and payable to the real estate brokers upon the buyer being determined eligible to participate in the NSP and purchasing the property. 12 For properties acquired with NSP funds and sold to a qualifying household, the buyer household will obtain a principal mortgage from a financial institution, while the local government will provide the purchasing household with a second mortgage The second mortgage will be for an amount that reflects the difference between the purchase price and the principal mortgage amount. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL) The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Second mortgage will be limited to the following* • An amount not to exceed one half of the down payment required by the conventional first mortgage lender or one and three quarters percent (1.75%) of the sales price of the property, whichever is less. • An amount not to exceed ten percent (10%) of the sales price of the property for closing cost assistance. This closing cost assistance may be used to pay the buyer's recording fees, intangible taxes, stamps on the note, mortgage title insurance, wood destroying organism inspections, appraisal fees, property survey fees, credit reports, lender's document preparation fees, underwriting fees, closing attorney's settlement fees, buyer's courier fees, prepaid property taxes, prepaid homeowner's insurance, prepaid flood insurance, and any other fees included on the Department of Housing and Urban Development (HUD) closing statement for the property agreeable to both the buyer and the seller. • An amount equal to the difference between the sales price of the property and the amount a mortgage lender selected by the buyer and approved by the County has committed to loan to the buyer for the purchase of the property through a thirty (30) year fixed rate conventional first mortgage utilizing the property being acquired as collateral. The amount of the Gap Financing Assistance may not exceed an amount equal to thirty-five percent (35%) of the sales price of the property. 5. HOMEOWNERSHIP ASSISTANCE Indian River County will utilize NSP funding to assist with closing cost assistance. All NSP funds utilized as closing cost assistance will be secured by a second mortgage on the residence. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL). The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Deferred Payment Loan will be recorded as a second mortgage on the property. There will be no principal reduction during the life of the Deferred Payment Loan. The full amount of the Deferred Payment will be due and payable at the transfer of ownership of the property. 13 For properties acquired with NSP funds and sold to a qualifying household, the buyer household will obtain a principal mortgage from a financial institution, while the local government will provide the purchasing household with a second mortgage The second mortgage will be for an amount that reflects the difference between the purchase price and the principal mortgage amount. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL) The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Second mortgage will be limited to the following* • An amount not to exceed one half of the down payment required by the conventional first mortgage lender or one and three quarters percent (1.75%) of the sales price of the property, whichever is less. • An amount not to exceed ten percent (10%) of the sales price of the property for closing cost assistance. This closing cost assistance may be used to pay the buyer's recording fees, intangible taxes, stamps on the note, mortgage title insurance, wood destroying organism inspections, appraisal fees, property survey fees, credit reports, lender's document preparation fees, underwriting fees, closing attorney's settlement fees, buyer's courier fees, prepaid property taxes, prepaid homeowner's insurance, prepaid flood insurance, and any other fees included on the Department of Housing and Urban Development (HUD) closing statement for the property agreeable to both the buyer and the seller. • An amount equal to the difference between the sales price of the property and the amount a mortgage lender selected by the buyer and approved by the County has committed to loan to the buyer for the purchase of the property through a thirty (30) year fixed rate conventional first mortgage utilizing the property being acquired as collateral. The amount of the Gap Financing Assistance may not exceed an amount equal to thirty-five percent (35%) of the sales price of the property. 5. HOMEOWNERSHIP ASSISTANCE Indian River County will utilize NSP funding to assist with closing cost assistance. All NSP funds utilized as closing cost assistance will be secured by a second mortgage on the residence. The second mortgage shall be in the form of a zero interest Deferred Payment Loan (DPL). The DPL will remain in place for a fifteen (15) year term and will be due and payable at the transfer of ownership of the property, if the transfer of ownership occurs during the fifteen (15) year period. The Deferred Payment Loan will be recorded as a second mortgage on the property. There will be no principal reduction during the life of the Deferred Payment Loan. The full amount of the Deferred Payment will be due and payable at the transfer of ownership of the property. 13 6. HOMEOWNERSHIP COUNSELING All prequalified applicants participating in the home ownership program will be required to attend a minimum of 8 hours of HUD certified homeownership counseling prior to purchasing a property and must provide documentation of completion of a homeownership counseling course prior to scheduling a property closing. The cost for the homeownership counseling course will be paid with NSP funding and must be scheduled through the local government, the sub -recipient or the developer. 7. CONFLICT OF INTEREST Any member of the County Commission or CATF, any local government employee, any board member or employee of a sub -recipient or developer organization, any contract worker who is directly related to anyone working in the NSP Program, or relatives of any of these individuals, as defined by HUD and Florida Statutes, shall be ineligible for program participation unless he/she is granted a waiver by the local government and the Florida Department of Community Affairs. This prohibition against participation in the NSP shall continue for one year after an individual's relationship with the local government, sub -recipient, developer or contract worker has terminated. Only certain conflicts of interest are eligible for consideration of a waiver by the Department of Community Affairs. All conflicts will be addressed on a case by case basis to include consideration of possible waiver request. All individuals with voting or decision making responsibilities related to the local NSP Program will be required to review a list of all potential beneficiaries and fill out documentation listing all potential beneficiaries they are related to or have a possible conflict of interest with. An affidavit detailing any potential conflicts of interest will be completed by all persons involved in the program. For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: 1. The applicant must declare on the application form that a conflict of interest may exist. 2 The local government must decide whether to proceed with requesting a waiver for the potential participant despite the conflict of interest. 3 If the person with whom the conflict of interest exists is a voting member of any organization participating in the NSP program, that person must declare a conflict of interest and not vote on any items that relate directly or indirectly to the potential participant. 14 6. HOMEOWNERSHIP COUNSELING All prequalified applicants participating in the home ownership program will be required to attend a minimum of 8 hours of HUD certified homeownership counseling prior to purchasing a property and must provide documentation of completion of a homeownership counseling course prior to scheduling a property closing. The cost for the homeownership counseling course will be paid with NSP funding and must be scheduled through the local government, the sub -recipient or the developer. 7. CONFLICT OF INTEREST Any member of the County Commission or CATF, any local government employee, any board member or employee of a sub -recipient or developer organization, any contract worker who is directly related to anyone working in the NSP Program, or relatives of any of these individuals, as defined by HUD and Florida Statutes, shall be ineligible for program participation unless he/she is granted a waiver by the local government and the Florida Department of Community Affairs. This prohibition against participation in the NSP shall continue for one year after an individual's relationship with the local government, sub -recipient, developer or contract worker has terminated. Only certain conflicts of interest are eligible for consideration of a waiver by the Department of Community Affairs. All conflicts will be addressed on a case by case basis to include consideration of possible waiver request. All individuals with voting or decision making responsibilities related to the local NSP Program will be required to review a list of all potential beneficiaries and fill out documentation listing all potential beneficiaries they are related to or have a possible conflict of interest with. An affidavit detailing any potential conflicts of interest will be completed by all persons involved in the program. For a person with a potential conflict of interest to be eligible to participate in the program, the following steps must be taken: 1. The applicant must declare on the application form that a conflict of interest may exist. 2 The local government must decide whether to proceed with requesting a waiver for the potential participant despite the conflict of interest. 3 If the person with whom the conflict of interest exists is a voting member of any organization participating in the NSP program, that person must declare a conflict of interest and not vote on any items that relate directly or indirectly to the potential participant. 14 4. The local government Attorney shall prepare a written document stating that in his or her opinion proceeding with the potential participant's residence would not violate any state or local laws. 5. A written request for waiver shall be sent by the County to DCA for review and comment. 6. If a waiver is obtained, the potential participant will be considered for final approval. 8. TEMPORARY RELOCATION Temporary Relocation assistance will be provided only to qualified families that occupy a residential housing unit at the time of purchase of the residential housing unit with Neighborhood Stabilization Program Funding. Additionally, said families will be approved as an eligible recipient of an NSP funding either as a tenant in. a NSP rental property that requires rehabilitation or as a home buyer whose residence will require some amount of rehabilitation or full replacement prior to the qualified family moving back into the residence. Based upon the extent of the rehabilitation required to bring a residence in compliance with current code requirements or in a situation where a residential building is being replaced, it may be necessary for all occupants of the building to relocate during the construction phase of the project. Prior to entering into a contract for purchase or lease, the local government will notify all approved applicants if they must temporarily vacate their residence to allow for the residence to be rehabilitated or replaced. All residential structures that are vacated may not be reoccupied until a Certificate of Occupancy has been issued by the local building department, electricity and water have been turned on by the applicable utility departments, and all parties involved have accepted the construction work as complete and executed documentation to that effect. Prior to occupancy, all parties involved including, but are not limited to, the Building Department, the NSP recipient, the sub -recipient organization, the developer organization and the housing rehabilitation specialist must accept the construction work on the residential housing unit as totally completed based upon the construction contract including any change orders. A. Moving Expenses This procedure will take place, if required, through one of two methods: 1. Method One: The NSP sub -recipient or developer may choose to place the moving and storage of the qualifying family's personal belongings out for bid, with the firm submitting the lowest acceptable bid being awarded the contract. 15 4. The local government Attorney shall prepare a written document stating that in his or her opinion proceeding with the potential participant's residence would not violate any state or local laws. 5. A written request for waiver shall be sent by the County to DCA for review and comment. 6. If a waiver is obtained, the potential participant will be considered for final approval. 8. TEMPORARY RELOCATION Temporary Relocation assistance will be provided only to qualified families that occupy a residential housing unit at the time of purchase of the residential housing unit with Neighborhood Stabilization Program Funding. Additionally, said families will be approved as an eligible recipient of an NSP funding either as a tenant in. a NSP rental property that requires rehabilitation or as a home buyer whose residence will require some amount of rehabilitation or full replacement prior to the qualified family moving back into the residence. Based upon the extent of the rehabilitation required to bring a residence in compliance with current code requirements or in a situation where a residential building is being replaced, it may be necessary for all occupants of the building to relocate during the construction phase of the project. Prior to entering into a contract for purchase or lease, the local government will notify all approved applicants if they must temporarily vacate their residence to allow for the residence to be rehabilitated or replaced. All residential structures that are vacated may not be reoccupied until a Certificate of Occupancy has been issued by the local building department, electricity and water have been turned on by the applicable utility departments, and all parties involved have accepted the construction work as complete and executed documentation to that effect. Prior to occupancy, all parties involved including, but are not limited to, the Building Department, the NSP recipient, the sub -recipient organization, the developer organization and the housing rehabilitation specialist must accept the construction work on the residential housing unit as totally completed based upon the construction contract including any change orders. A. Moving Expenses This procedure will take place, if required, through one of two methods: 1. Method One: The NSP sub -recipient or developer may choose to place the moving and storage of the qualifying family's personal belongings out for bid, with the firm submitting the lowest acceptable bid being awarded the contract. 15 2 Method Two: The NSP sub -recipient or developer will provide the family with moving expenses totaling three hundred dollars ($300.00). One hundred and fifty dollars ($150.00) will be provided when the family moves its belongings from the dwelling unit to a central storage location, and one hundred fifty dollars ($150.00) will be provided when the family moves its belongings from the central storage location back to the dwelling unit after the unit has been rehabilitated or replaced. The local government will receive price quotes from a minimum of three storage facilities centrally located to the area and provide the owner with a standard sized storage unit in the storage facility that provides the lowest price. The family may utilize the storage unit during the period of construction on its residential housing unit The family is responsible for providing its own lock and maintaining all keys to the storage unit. All personal belongings shall be removed from the dwelling within 10 days of receipt of written notification to vacate the dwelling from the Project Manager. Vacating the dwelling shall include the removal of all trash and debris from the dwelling and the surrounding property. The owner is to remove all items from the storage unit and sweep out the storage unit within 10 days after receipt of written notification that a "Certificate of Completion" or "Certificate of Occupancy" for the rehabilitation or replacement of the recipient's dwelling has been issued. Method two provides the recipient with greater access to his belongings. Neither the NSP recipient nor the Housing Specialist/Consultant shall hold any liability in loss, damage or theft of any or all personal belongings of the recipient. It is the family's responsibility to pack all belongings within 10 days of written notification to vacate the dwelling. All trash and debris shall be removed by the family before a `Notice to Proceed" will be issued to the rehabilitation or demolition contractor. The family is to remove all items from and sweep out the storage facility with in 10 days after receipt of written notification by the Housing Specialist/Consultant of the Building Department's issuance of a "Certificate of Completion" or "Certificate of Occupancy" for the rehabilitation or replacement of the dwelling. It is the family's responsibility to provide insurance for its belongings during the moving and storage phase of the project at the family's own expense. B. Temporary Relocation Allowances Temporary relocation assistance will be provided only to families that are occupying a residence at the time it was purchased with NSP funds. 1. Method One: The NSP sub -recipient or developer will offer monthly allowances of one hundred dollars ($100) for families of one or two persons that find their own living accommodations (i.e. friends, private homes, other family members, etc.) and two hundred dollars ($200.00) for 16 2 Method Two: The NSP sub -recipient or developer will provide the family with moving expenses totaling three hundred dollars ($300.00). One hundred and fifty dollars ($150.00) will be provided when the family moves its belongings from the dwelling unit to a central storage location, and one hundred fifty dollars ($150.00) will be provided when the family moves its belongings from the central storage location back to the dwelling unit after the unit has been rehabilitated or replaced. The local government will receive price quotes from a minimum of three storage facilities centrally located to the area and provide the owner with a standard sized storage unit in the storage facility that provides the lowest price. The family may utilize the storage unit during the period of construction on its residential housing unit The family is responsible for providing its own lock and maintaining all keys to the storage unit. All personal belongings shall be removed from the dwelling within 10 days of receipt of written notification to vacate the dwelling from the Project Manager. Vacating the dwelling shall include the removal of all trash and debris from the dwelling and the surrounding property. The owner is to remove all items from the storage unit and sweep out the storage unit within 10 days after receipt of written notification that a "Certificate of Completion" or "Certificate of Occupancy" for the rehabilitation or replacement of the recipient's dwelling has been issued. Method two provides the recipient with greater access to his belongings. Neither the NSP recipient nor the Housing Specialist/Consultant shall hold any liability in loss, damage or theft of any or all personal belongings of the recipient. It is the family's responsibility to pack all belongings within 10 days of written notification to vacate the dwelling. All trash and debris shall be removed by the family before a `Notice to Proceed" will be issued to the rehabilitation or demolition contractor. The family is to remove all items from and sweep out the storage facility with in 10 days after receipt of written notification by the Housing Specialist/Consultant of the Building Department's issuance of a "Certificate of Completion" or "Certificate of Occupancy" for the rehabilitation or replacement of the dwelling. It is the family's responsibility to provide insurance for its belongings during the moving and storage phase of the project at the family's own expense. B. Temporary Relocation Allowances Temporary relocation assistance will be provided only to families that are occupying a residence at the time it was purchased with NSP funds. 1. Method One: The NSP sub -recipient or developer will offer monthly allowances of one hundred dollars ($100) for families of one or two persons that find their own living accommodations (i.e. friends, private homes, other family members, etc.) and two hundred dollars ($200.00) for 16 families with three or more members that find their own living accommodations. These funds will be provided by the NSP sub -recipient or developer to participants to offset the increase in utilities at the temporary relocation housing unit. 2 Method Two. If a family is unable to find temporary living accommodations as set forth in Method One above, the NSP family will work with the Housing Specialist/Consultant to find acceptable vacant housing to temporarily house the family. It is the local government's responsibility along with the NSP sub -recipient and/or developer, to locate affordable temporary relocation units. The local government will have final approval of the temporary replacement housing accommodations selected by the recipient. The local government utilizing proceeds from the NSP will pay the following costs associated with the rental of the temporary relocation housing unit a. The rental of the unit b. The cost of the following utilities: 1. Water and sewer 2. Electricity 3. Heating fuel 4. Garbage collection 5. Natural Gas c. Deposits for the rental unit and/or the utilities. Any deposits that are lost due to the actions of the family shall be the responsibility of the family to repay to the local government. Whether the family relocates to a private residence or has the local government provide a temporary housing unit, the participating family will be responsible for packing and unpacking all of its belongings Neither the local government nor the Housing Specialist/Consultant will be responsible for any items lost, stolen or damaged during the temporary relocation process. The family shall be encouraged to make other arrangements to secure family valuables. In the event that a family is evicted from a temporary relocation unit due to the behavior of one or more members of the household, the local government will not be responsible for finding other temporary housing for members of the family's household or for payment of any further costs associated with the relocation (i.e. rents, utilities, moving expenses). The only expense that will be allowed will be the cost of relocating the family back into its residence at the completion of the rehabilitation or replacement of the dwelling. 9. PERMANENT RELOCATION There will be no permanent relocation involved in the Neighborhood Stabilization Project (NSP) Neither the local government nor any of its sub -recipients or developers will purchase any housing units with NSP funds where those units are currently occupied by a 17 families with three or more members that find their own living accommodations. These funds will be provided by the NSP sub -recipient or developer to participants to offset the increase in utilities at the temporary relocation housing unit. 2 Method Two. If a family is unable to find temporary living accommodations as set forth in Method One above, the NSP family will work with the Housing Specialist/Consultant to find acceptable vacant housing to temporarily house the family. It is the local government's responsibility along with the NSP sub -recipient and/or developer, to locate affordable temporary relocation units. The local government will have final approval of the temporary replacement housing accommodations selected by the recipient. The local government utilizing proceeds from the NSP will pay the following costs associated with the rental of the temporary relocation housing unit a. The rental of the unit b. The cost of the following utilities: 1. Water and sewer 2. Electricity 3. Heating fuel 4. Garbage collection 5. Natural Gas c. Deposits for the rental unit and/or the utilities. Any deposits that are lost due to the actions of the family shall be the responsibility of the family to repay to the local government. Whether the family relocates to a private residence or has the local government provide a temporary housing unit, the participating family will be responsible for packing and unpacking all of its belongings Neither the local government nor the Housing Specialist/Consultant will be responsible for any items lost, stolen or damaged during the temporary relocation process. The family shall be encouraged to make other arrangements to secure family valuables. In the event that a family is evicted from a temporary relocation unit due to the behavior of one or more members of the household, the local government will not be responsible for finding other temporary housing for members of the family's household or for payment of any further costs associated with the relocation (i.e. rents, utilities, moving expenses). The only expense that will be allowed will be the cost of relocating the family back into its residence at the completion of the rehabilitation or replacement of the dwelling. 9. PERMANENT RELOCATION There will be no permanent relocation involved in the Neighborhood Stabilization Project (NSP) Neither the local government nor any of its sub -recipients or developers will purchase any housing units with NSP funds where those units are currently occupied by a 17 family that has not qualified for the NSP program and has not been approved for assistance to remain at the location where it currently resides. 10. LEAD BASE PAINT POISONING IN NO INSTANCE SHALL LEAD BASED PAINT BE UTILIZED IN THE REHABILITATION OF A STRUCTURE. If a property was constructed before 1978, there is a possibility that it may contain lead-based paint. All properties built before 1978, not being replaced, will be tested for the presence of lead-based paint. Where lead- based paint is found, removal or abatement procedures will be included in the rehabilitation of the housing unit. Encapsulation, where feasible, will be the preferred method of addressing existing lead-based paint. 11. CLOSEOUT DOCUMENTATION The following will be provided to the Department of Community Affairs as part of the closeout package at the completion of the Neighborhood Stabilization Program contract: 1. The date each property purchased was acquired. 2. The date that the rehabilitation of each property was completed and the amount expended on each property. 3. The household composition of the beneficiary renting or purchasing each housing unit: a. Whether the recipient was a female head of household b. The number of handicapped people occupying the household c. The number of elderly people living in the household d. The total household income and the median income category that the recipient qualified under e. The racial composition of the recipient household f. The number of occupants categorized by sex ADOPTED BY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THIS 18th DAY OFJanuary , 2011 INDIAN RIVER COUNTY BY: APPROVED AS AC L FOR CY /C:1"--ata:ger Cct.•'Mtkis f p,lNay MFLISSt F ANDERSON Bob Solari, Chairman ATTE _ ED BY: son •••1Npll .+ GQ..••••'••.•'(' A'+4 ASSISTANT COUNTY ATTORNEY •�.• • •• • 9 •• 0•.„4P • Jeffrey K. Barton, Cler • 'RNp-R cov1 It u . .1 " , F:\Community Development\CDBG\2008 NSP\Application\HAP\Jan 2011\Indian River County HAP Plan - 1-18-2011 CLEAN.doc 18 family that has not qualified for the NSP program and has not been approved for assistance to remain at the location where it currently resides. 10. LEAD BASE PAINT POISONING IN NO INSTANCE SHALL LEAD BASED PAINT BE UTILIZED IN THE REHABILITATION OF A STRUCTURE. If a property was constructed before 1978, there is a possibility that it may contain lead-based paint. All properties built before 1978, not being replaced, will be tested for the presence of lead-based paint. Where lead- based paint is found, removal or abatement procedures will be included in the rehabilitation of the housing unit. Encapsulation, where feasible, will be the preferred method of addressing existing lead-based paint. 11. CLOSEOUT DOCUMENTATION The following will be provided to the Department of Community Affairs as part of the closeout package at the completion of the Neighborhood Stabilization Program contract: 1. The date each property purchased was acquired. 2. The date that the rehabilitation of each property was completed and the amount expended on each property. 3. The household composition of the beneficiary renting or purchasing each housing unit: a. Whether the recipient was a female head of household b. The number of handicapped people occupying the household c. The number of elderly people living in the household d. The total household income and the median income category that the recipient qualified under e. The racial composition of the recipient household f. The number of occupants categorized by sex ADOPTED BY INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THIS 18th DAY OFJanuary , 2011 INDIAN RIVER COUNTY BY: APPROVED AS AC L FOR CY /C:1"--ata:ger Cct.•'Mtkis f p,lNay MFLISSt F ANDERSON Bob Solari, Chairman ATTE _ ED BY: son •••1Npll .+ GQ..••••'••.•'(' A'+4 ASSISTANT COUNTY ATTORNEY •�.• • •• • 9 •• 0•.„4P • Jeffrey K. Barton, Cler • 'RNp-R cov1 It u . .1 " , F:\Community Development\CDBG\2008 NSP\Application\HAP\Jan 2011\Indian River County HAP Plan - 1-18-2011 CLEAN.doc 18 Attachment B INDIAN RIVER COUNTY FFY 2009 COMMUNITY DEVELOPMENT BLOCK GRANT NEIGHBORHOOD STABILIZATION PROGRAM (NSP) HOUSING ASSISTANCE PLAN REHABILITATION/REPLACEMENT/TEMPORARY RELOCATION GUIDELINES AND GENERAL INFORMATION FOR PARTICIPANTS Revised January 18, 2011 1. a.. '_'�-11 4oI/- 0/I/ I. INTRODUCTION The national foreclosure crisis has drastically impacted Indian River County and the families living within the community, resulting in many vacant, abandoned and foreclosed properties. The vacant and abandoned properties in the community threaten both the stability of the local housing market and the viability of the neighborhoods within the community. These circumstances invite crime and discourage further investment in the community. To address the impacts of the national foreclosure problem, the federal government created the Neighborhood Stabilization Program (NSP), a Federally Funded Program in which funds are provided to local governments through the Florida Department of Community Affairs (DCA) to address foreclosed and abandoned properties in the areas of greatest need within their community. On the local level, Neighborhood Stabilization funds are to be utilized to provide affordable housing to very low income (less than 50% AMI), low to moderate income (51% -80% AMI), and moderate to middle income (81%- 120) AMI) families. In Indian River County, NSP dollars will be utilized to purchase and rehabilitate foreclosed properties. These rehabilitated properties will be made available through purchase or rental to qualified families who make a maximum of 120% of the area median income (AMI) II. GENERAL The purpose of the information provided herein is to establish guidelines by which the County will operate its Neighborhood Stabilization Program. These guidelines have been established to ensure compliance with the requirements established by the Florida Department of Community Affairs (DCA) and the Federal Department of Housing and Urban Development (HUD) for the Neighborhood Stabilization Program. The information contained herein is subject to change upon action of DCA, HUD, or the Indian River County Commission. Through this document, Indian River County confirms that it will not discriminate on the basis of RACE CREED, COLOR, SEX, RELIGION ETHNICITY, HANDICAP, AGE, NATIONAL ORIGIN, or FAMILY STATUS. Individuals residing in the County are also protected by the State's Fair Housing Act, Sections 760.20, 760.22, 760.23, and any amendments thereto. 1