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HomeMy WebLinkAbout6239RESOLUTION NO. 6239 A RESOLUTION ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF THE CITY'S REHABILITATION LOAN PROGRAM BY THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT TO ASSIST LOW -AND MODERATE INCOME OWNERS OF SINGLE FAMILY RESIDENCES IN THE REHABILITATION OF SUBSTANDARD HOUSING WHEREAS, there is a shortage in the City of Pueblo of safe, decent and sanitary housing which is within the financial capabilities of low -and moderate - income families, and WHEREAS, the elimination of substandard housing and the providing of decent, safe and sanitary housing for low -and moderate - income families serves public and municipal purposes; and WHEREAS, the rehabilitation of substandard housing would confer a general benefit upon the City of Pueblo at large; and WHEREAS, it is desireable and there exists a demonstrated need to make funds available to low -and moderate - income families to assist in the rehabilitation of substandard housing; and WHEREAS, the funds made available for the purpose of implementing and executing the terms and provisions of this Resolution principally serve public rather than private purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1. A. The City, on an annual basis by appropriate legislative enactment may, but without obligation to do so, make available to the Department of Housing and Community Development (herein "Department ") funds for the purpose of implementing and executing the terms and provisions of the Housing Rehabilitation Program of the City (herein -1- called the "Program "). Department may make application for other available moneys for housing rehabilitation loan and grant programs and shall incorporate such grants or loans into the Program to further the objectives of the Program in meeting the housing and financial capabilities of low -and moderate - income families. B. The Department shall be responsible for the execution of the Program, in accordance with the terms and provisions of this Resolution. C. The owner of a single familiy residence located within the City of Pueblo who occupies same as his sole and only place of residence shall be eligible to make application for housing rehabilitation assistance under the Progam if he meets all of the following criteria: 1) Said residence is substandard as defined under the Housing Code of the City of Pueblo. 2) Applicant meets the income guidelines and limits for a lower income household under 24 CFR Part 570, and Section 8, of the United States Housing Act of 1937 (or if such program is terminated, under such program in effect immediately before such termination). 3) The residence is not subject to more than one encumbrance or lien. 4) Any other requirements imposed by the terms of any grant award to the City. D. Application for assistance shall be submitted to Department upon forms made available and prepared by the Department. E. Upon receipt of an application from a qualified applicant meeting the requirements of paragraph "C" above, Department shall, provided unobligated program funds are available, 1) Prepare a detailed list and explanation of all actions and work required to eliminate or repair the conditions of the residence which make it substandard. 2) Prepare an estimate of the cost of such repairs. 3) Obtain sufficient documentation that the applicant has a good and marketable title to said residence. 4) Determine the value of the applicant's equity in said residence. -2- 5) Obtain credit information and ascertain relevant social and economic information concerning the applicant and other persons residing in the residence including but not limited to, family composition, family income, place of employment of all members of the family, approximate date of purchase of the residence, and existing indebtedness secured by said residence. 6) Prepare a preliminary analysis of applicant's ability to repay any funds made available to applicant under the Program. F. In the preparation of all reports and analysis required by this Paragraph (F) and Paragraph C & E above, the following definition and standards as defined under Section 8 of the United States Housing Act of 1937, and more fully defined in HUD Handbook 4350.3 (Chapter 3) "Occupancy requirements of subsidized multi - family housing program" shall apply and be followed by the Department to determine the applicant's monthly affordable housing rehabilitation payment. In all rehabilitation loan applications the Department of Housing and Community Development will review each application on a case by case basis, to evaluate needs affecting safety, health and urgency. 1) Income Formula as Total Gross Family Income: Total gross family income means income from all sources of the head of household and spouse and each additional member of the family and others residing in the household who are at least 18 years of age. It is to include income anticipated to be received during the twelve months following receipt of housing rehabilitation assistance but excluding the income of full time students other than head of household or spouse. b. Allowances toward Total Gross Family Income: For purposes of determining adjusted annual income the following allowances are deducted from Total Gross Family Income: b -1. For all families a $480 deduction from gross income for each dependent, a deduction for actual child care expenses and handicap assistance expenses. -3- b -2. In addition to allowances b -1, an additional allowance for the head of household or spouse if their age is 62 or over, handicapped or disabled, two additional allowances of: 1) $400 per household; and 2) unreimbursed reasonable medical expenses. C. Adjusted Family Income: Defined as Total Gross Family Income minus eligible allowances. G. In determining if the applicant will be given a partial grant or interest loan at 0 -7% interest rate, the most current HUD Section 8 Income Guidelines will be used as follows: 1) Repayment Schedule - Catagory A Applicants These applicants are eligible for rehabilitation funds at a maximum of $10,000 and Gross Family Income has been determined to be 49% or less of the median income guidelines. To determine monthly loan payback, the monthly adjusted family income will be multiplied by the housing debt ratio of 30X less principal and interest of the first mortgage, taxes, insurance and a predetermined utility allowance (if allowed). The remainder will equal the "net" monthly affordable loan payback payment. If this amount is negative, the applicant will pay a minimum of $25 a month toward the rehabilitation costs with the balance becoming a deferred loan (See Example #1). EXAMPLE #1: Gross Annual Income: $12,192 Rehab Cost: $10,000 Less Dependants @ $480 ea. 1,920 1 Loan Payback: 4,500 Adjusted Family Income $10,272 Deferred Loan $ 5,500 Divide by 12 equals Net Monthly Income: $ 856 Times 30% equals 256 Less 1st Mortgage: 271 $( 15) Less Utility Allowance: 105 Total: $ 170) Loan Payback Amount $ 25 x 180 months $4,500 2) Repayment Schedule - Catagory B Applicants applicants Gross Family Income has been determined to be less than 80% of the median income guidelines or Catagory A applicants' eligible for rehabilitation loans of $10,000 - $17,000 at sliding 0 -7% interest rates. To determine the maximum loan an applicant would be eligible for, Adjusted Family Income will be multiplied by the housing debt ratio of 30% less principal and interest of the first mortgage, taxes, insurance and a predetermined utility allowance (if allowed). If the remaining "net" monthly affordable loan payback amount is insufficient to borrow the total rehabilitation loan amount needed, the adjusted family income will be multiplied using a TOTAL DEBT ratio of 40 %. If the total debt to income exceeds 40%, the recipient will only qualify for the lesser loan using 30% housing debt ratio (See Example #2). -4- EXAMPLE #2: Gross Annual Income Less Dependants @$480 ea. Divided by 12 equal Gross Monthly Income: Times 30% equal Less 1st Mortgage Less Utility Allowance Loan Payback Amount Gross Monthly Income: Times 40% equal Less 1st Mortgage Less Additional Debt Less Utility Allowance Loan Payback Amount $12,500 t Rehab Costs $17,000 480 t Int. @1X Per Annum 1,313 $12,020 t Total Repayment 1,002 t @ $102 per /mo.: $18,313 301 115 $ 186 105 $ 81 x 180 $13,534 $ 1,002 401 115 $ 286 75 $ 211 105 106 x 180 - $17,711 H. Utility Expense shall be the average estimated costs for water, gas, electricity and sewer. This figure is not to exceed the current average costs in the area as certified at least once a year by the Board of Water Works, Public Service Company, Centel Corporation and the City of Pueblo. Utility allowances will be allowed only to families not receiving a utility subsidy. I. Taxes: Amount shall be the annual real estate tax based upon the prior year's tax statement for ad valorem tax as shown in the records of the Pueblo County Treasurer. J. Applicant shall be required to repay all or part of the funds made available under this program according to the.formula set forth in paragraphs F & G hereof. Funds advanced and required to be repaid shall be repaid over a period of fifteen years and shall be evidenced by a Promissory Note secured by a Deed of Trust on said residence, provided however that the total amount of all funds advanced shall become -5- immediately due and payable upon the occurrence of either of the following events within fifteen ( 15) years from the date of said note: 1. Transfer of title to the residence, including transfer upon death of the applicant, unless upon death title shall pass to the spouse or adult child of such applicant who lives in the residence and who also is a qualified applicant under the Program and request is made upon the Department to approve such spouse or adult child as a qualified applicant within 120 days after the death of the applicant (Failure of the surviving spouse or adult child to request and obtain such approval within said 120 day period shall conclusively constitute a waiver of all rights of such surviving spouse or adult child hereunder); or, 2. Applicant cease for any reason to occupy the residence as applicant's sole and only residence. Department shall redetermine and recertify the family composition and total net family income after the first year, and at two year intervals thereafter from the date of execution of the repayment note of each applicant who has received a grant of assistance hereunder. At any time, upon request of applicant or the Department, but not more frequently than once yearly, an income review may be done provided the applicant's gross annual income increases or decreases by more than 12% per year from the gross income level at the time the most recent repayment determination was made. The Department shall prepare and the applicant shall execute a modified repayment schedule for the remaining balance of funds advanced based upon the formula set forth in Paragraphs F & G hereof. Failure of an applicant to execute a modified repayment schedule shall cause the entire balance of funds advanced on behalf of such applicant to immediately become due and payable. K. All funds repaid by applicants shall be separately accounted for and used only for similar loans or grants of housing and. rehabilitation assistance under this Resolution or subsequent Resolution which may be adopted by the City Council providing for similar programs. -6- L. Department shall only approve an application for a Rehabilitation Loan under the Program upon satisfactory evidence of the following: 1. Applicant has marketable title to the residence and sufficient equity therein to justify a loan or grant of assistance. Equity shall be determined by subtracting the balance owed on the First Deed of Trust from the fair market value of the residence determined before rehabilitation plus one -half of the approved loan amount. In emergency situations where the Director deems it appropriate, equity may be determined by subtracting the balance on the First Deed of Trust from the fair market value of the residence, determined before rehabilitation, plus 40% of the approved loan amount. 2. Applicant has entered into a written contract on forms to be approved by the City Attorney with a person or entity qualified to perform and complete the work determined necessary to rehabilitate the residence. 3. That said residence after rehabilitation and repairs will comply with all applicable building and housing codes. 4. Applicant has not previously received regular housing rehabilitation assistance under the Program. 5. Applicants' payments for taxes and first deed of trust are current. M. All persons and entities entering into contracts with applicants to make repairs and rehabilitations of any substandard residence shall be an equal opportunity employer and shall comply with all federal, state and city codes, statutes and ordinances. N. Department shall authorize payment for all repairs and rehabilitation construction. 0. The Housing Rehabilitation Committee, established by Section 8- 8 -8(4) of the 1971 Code of Ordinances, shall meet on an "as needed" basis, at the request of the Director, to act upon: 1. Unusual or special cases; 2. Complaints and appeals; 3. Guidance on new programs; and 4. Other matters relating to the Program. -7- Section 2. Resolution No. 5972 adopted February 23, 1987, relating to the Program is hereby repealed effective upon passage of this Resolution; provided, however, that assistance provided under said prior Resolution shall be and remain subject to the provisions of said prior Resolution. Section 3. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED JULY 25 ,1988 BY: DOUGLAS RING COUNCILMAN APPROVED: s �PRESIDENT OF THE COUNCIL ATTEST: BY: r; CITY CLERK -8-