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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 Novo beF 15 , 201 ' May 1 , 2012
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
Cenffnunity AffaiFsEconomic Opportunity (DGAE0) 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 % 40 % 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 C ,,mA , unit , ^ r- ircEconomic Opportunity (DC-AE0) 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 DGAEO HUD , or the Indian River Board of County Commissioners .
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 .
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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 County staff or 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 . County staff, or
Reach 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 :
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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 Counly or 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 eCounty 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 .
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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 .
As part of the applicant qualification process , Dri ^r '^ the elosi g on o e housing u nit
the h ne -ship sub Feeip e itCoun _ staff 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) , while the County and the County ' s 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 County, sub-recipient or developer.
6 . Assisting the applicant with the home buying process .
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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
distressed properties as allowed by HUD and DGAE0 in predetermined target areas .
Residential structures purchased under this program that are not deemed beyond feasible
repair (repairs exceeding 50 % of the value of the structure) will be rehabilitated as
needed to meet the following :
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 County ' s
local Housing Specialist a Non Profit and/or- FOF n fi + or the sub-recipient, a
or the Non Profit DevelePer-, aer- Fef Pfefit Developer, considering the home
purchase, 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 (or their applicable representatives) , 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 .
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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 . County may
also include advertising through Onvia Demandstar (www . demandstar. com) . The County
will allow contractors a minimum of 15 days to submit prequalification packages . All
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 that have a potential conflict of interest with any reed sub-
recipients , developers or potential beneficiaries will not be allowed to submit bids or
perform any work under the NSP pragfam .
A list of prequalified contractors will be developed and maintained .
Bid specifications meeting the criteria of the program will be developed on for each
property by the County ' s Housing Specialist, sub-recipient, or developer.
While Bbid 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, Tthe County is not planning to purchase or rehabilitate any
properties with eight ( 8 ) or more multifamily units .
For rehabilitation of NSP houses acquired by the County or sub_recipients , 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
bidder will be awarded the contracts . a a for- appre� � ' . Only bids
received from prequalified contractors that wh&-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 .
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AIR fi.m- hemes being rehabilitated by the County will b presented to the indian Ri
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 . Thati-s number may be increased at the discretion of the County based upon the
contractor' s demonstrated capacity to assume additional work .
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 .
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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 ehange oFdef: ever- one thousand dollms 1 , 000 . 00) will be eonsider-ed tMless it is to
address a building eede violation, a Seetion 8 Housing Quality Standard issue, a Weal
eode issue, or- a health and safe r issue ;
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
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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 .
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 placed 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 .
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By utilizing information obtained from the County Clerk ' s office, information obtained
from Realty Trac , information obtained from various financial institution web sites ,
information supplied by realtors , and information provided by the owners of eligible
properties, the local government will compile a pool of eligible properties .
The County may either directly carry out the Neighborhood Stabilization Program or
contract with local non-profit or for profit organizations that wish to assume the role as
sub recipients or developers in the local government ' s NSP program If the County
decides not to directly carry out the NSP program , Aa 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 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 . After the initial list of available properties is provided to each
organization by the local government additional properties will be identified by each
organization through one or more of the methods used by the local government.
All properties considered for acquisition will be inspected by the housing specialist, and a
written report and east „tuna.e will be prepared and presented to County staff. This
report andeeststi:ate 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
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• 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 .
• 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 zeroep rcent 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 or e-mail notifying the property
owner or property owner' s agent or representative of the local government' s decision not
to purchase the property will be sent 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 die--County staff, 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.
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3 . Applicants who submit a complete NSP CDBG application package will be
considered "qualified homebuyers" to participate in the NSP CDBG home
purchase program,_provided they meet all NSP participation requirements .
Qualified homebuyers will be ranked on a first qualified, first complete
application basis .
4 . When --c o�housing units are ready for resale to qualified homebuyers ,Fequi effiefits . At that ineeting
, a list of the hotising units will b provided W the
-a
the list of available housing units may will be provided to and
reviewed with qualified homebuyer applicants through use of e-mail mail, phone,
and/or one- on-one appointments .
5 ' A fjr-,# loo1r, per-iE) d for- a minimum of fifteen ealendar days will be given fOF the
uyers ualified
applicants will be provided with opportunities to view available NSP properties
that they qualify to purchase The viewing( s) may be through the use of an open
house group showings and/or individual showings provided by applicable
County staff, Developer staff, Subrecipient staff, or other appropriate
representatives of the applicable organizations/agencies . " Hiinimum
house will be l 1 a F t, property during the first look Nor ^ a
6 . During thefirst look Pe4e4gQualified 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 , County staff,
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 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
County staff, 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 County staff, 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 .
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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 .
For properties acquired with NSP funds and sold to a qualifying household, the buyer
household must contribute $ 500 . 00 to the purchase of the home and must 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 less the $ 500 . 00 buyer
contribution 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 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
less a $ 500 . 00 required buyer contribution and the amount a mortgage lender
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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 . Except as provided below , the amount of the Gap Financing
Assistance may not exceed an amount equalto thirty - five percent ( 35 % ) of
the sales price of the property .
Whenever the county receives program income in an amount that reduces the
county ' s low income set aside expenditures below the 25 % required by NSP
regulations , the county may increase the maximum amount of Gap Financing
Assistance for very low income households up to 50% of a property ' s sale price .
Once the county ' s set aside expenditures exceed the minimum 25 % of the
combined project grant amount and program income amount, the maximum Gap
Financing amount for very low income households shall revert to 35 % of the sales
price of a home .
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 .
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 ol. 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
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program participation unless he/she is granted a waiver by the local government and the
Florida Department of r ity ^ ff Economic Opportunity . 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 ^ ff ir-Economic Opportunity.
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 .
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 DCAEO 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
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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.
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
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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.
Be 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
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 :
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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
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
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The following will be provided to the Department of �. 11 �tt} t � zky�„ ; 3 °, � _ ` t� ' � � `
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 lat. DAY OF May 2012
INDIAN RIVER COUNTY
BY : -- . .... ..»A
Gary heeler, Chairmar . • • s '• �..�
APPROVED AS 1* 0
LEGAL
ANL
ATTESTED BY :
WILLIAM K DEBRAAL
l _=Y) PIP tL 2 �. ?�� ' . f ,• �OQ,�t DEPUTY COUNTYAr'ECKNEY
Jeffrey K . Barton, Clerk LFR COON °�Q�•
nn, unn •q
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F :\Community Development\CDBG\2008 NSP\Application\HAPWpril 2012\lndian River County HAP Plan - BCC Review . doc
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