HomeMy WebLinkAbout7323RESOLUTION NO. 7323
A RESOLUTION APPROVING A GRANT FOR $858,000 TO
THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) FOR HOME INVESTMENT
PARTNERSHIPS ACT (HOME) FUNDING, AUTHORIZING
THE CITY MANAGER TO SUBMIT SAME AND TO ACCEPT
FUNDING ON BEHALF OF THE CITY OF PUEBLO AND
PUEBLO COUNTY AND DESIGNATING THE CITY MANAGER
AS THE CITY'S REPRESENTATIVE TO ACT IN
CONNECTION WITH THE APPLICATION.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Application to the U.S. Department of Housing and Urban
Development for funding under the HOME Investment Partnership Act
(HOME), a copy of which is attached hereto and made a part hereof
by reference, including all the representations and assurances
contained therein, is approved for submission to HUD as required
and the City Manager of the City of Pueblo is hereby authorized to
execute and submit said Application on behalf of the City of Pueblo
acting as the lead government agency under the HOME program. The
City Manager is hereby designated as the City's representative to
act in connection with the Application, to provide such additional
information as may be required by HUD, and if the Application is
approved, to accept on behalf of the City of Pueblo said HOME
Investment Partnership Act funds subject to the Consortium
Agreement passed by City Council on September 9, 1991.
INTRODUCED: March 28 , 1994
By SAMUEL CORSENTINO
Councilperson
ATTEST: APP OVED:
-al 'id
City Clerk P ident of the City
A nnI In ATtn►t enn
OMI Appr No. 0 3" _ mj
PI r r {.1 v h 1 1 V n r V rTi
FEDERAL ASSISTANCE
2. DATE SUBMITTED
Aptyrci;u anlUrer
March 15,1994
I. TYPE OF SUBMISSIOIk
Appriutron Aaapfs►Kation
I. DATE RECEIVED BY STATE
N/A
State Applical*n IdenMier
MC Construction ❑ Construction '
4. DATE RECEIVED By FEDERAL AGENCY
Federal Idenbfier
❑ Non-Construction ❑ Non - Construction
S. APPLICANT INFOAMAT1pN
Legal Name.
City of Pueblo, Colorado
OrOarrr$tional Unit:
Address (give city, county. state. cad rip code):
Name and telephone number of the person to be contacted on mailers invofvrrig
#1 City Hall Place
this application (give Dina coda)
Pueblo, CO 81003
Mr. Tony Berumen, Director
Department of Housing & Com. Development
(719) 584 -0830
S. EMPLOYER IDENTIFICATION NUMBER tEINI:
8 4 "60 0 0 6 1 5
7. TYPE OF APPLICANT: (enter appeopnarai Inner in box)
A. State H Mtdeo.ndent School Dist.
B County I: State Controlled Institution of Higher Learning
C. Municrpal J Private Unrversity
► TYPE OF APPLICATION:
D. Township K Indian Tribe
❑ New ❑ Continuation ❑ Revision
E. Interstate • L. Individual
It Revision. enter appropriate Inflects) box(es): ❑ ❑
F Intermunicipd M Profit Organization
in
G Special District N. Other (Specify)
A Increase Award B Decrease Award C Increase Duration
D Decrease Duration Other (specily):
1. NAME OF FEDERAL AGENCY:
Department of Housing And Urban
Developmen (HUD)
14. CATALOG 09 FEDER L DOMESTIC 1 [ t 2 3 9
11. DESCRIPTIVE TITLE OF APPLICANTS PROJECT:
e
TtnE. Title II, Home Investment
HOME: Housing Rehabilitation Assistance
Partnership Act (HOME)
for owner — occupied and rental
households. Consortium of the
City of Pueblo and the County of
12. AREAS AFFECTED BYPROJECT(Crhes. counties. states. eft.):
Pueblo.
Pueblo, Colorado
12. PROPOSED PROJECT:
14. CONGRESSIONAL DISTRICTS OF:
Start Date
Ending Date
A. Applicant : b Protect
6/1/94
6/1/96
3rd Congressional Diotrict 3rd Congressional District
1S. ESTIMATED FUNDING:
1$. IS APPLICATION SUBJECT TO REVIEW BY STATE EXECUTIVE ORDER 12772 PROCESS?
a. YES THIS PREAPPLICATIOWAPPLICATION WAS MADE AVAILABLE TO THE
a Federal
S 858,000-00
STATE EXECUTIVE ORDER 12772 PROCESS FOR REVIEW ON
b Applicant
_ .00
DATE
c State
= .00
b NO ® PROGRAM IS NOT COVERED BY ED 12372
d Local
S .00
OR PROGRAM HAS NOT BEEN SELECTED BY STATE FOR REVIEW
a Other
S .00
I Program Income
E .D0
17. 13 THE APPLICANT DELINOUENT ON ANY FEDERAL DE877
Yes H 'Yes.' attach an explanation C] Np
g TOTAL
S 858,000-00
Is. TO THE $EST OF MY KNOWLEDGE AND 611.191 ALL DATA IN THIS APPLICATION PREAPPLICATION ARE TRUE AND CORRECT. THE DOCUMENT WAS BEEN DULY
AUTHORIZED By THE GOVERNING BODY OF TILE APPLICANT AND THE APPLICANT WALL COMPLY WITH THE ATTACHED ASSURANCES IF THE ASSISTANCE IS AWARDED
a Typed Name of Authorized Representative
b Tale
c Telephone number
Lewis A. Quigley
City Manager
(719)584 -0830
d Signature of Authorized Representative
a Date Signed
3/15/94
Standard Form 474 IgEV J asi
Prescribed W OMB Lac.rai A iOl
OUTLINE
I.
EXECUTIVE SUMMARY
A. Consortium CHAS Housing Strategy
II.
FORMS OF INVESTMENT
III.
HOME MATCHING REQUIREMENT BY CONSORTIUM
IV.
PROPOSED USE OF HOME FUNDS BY CONSORTIUM
A. Guidelines for Resale
V.
HOME ALLOCATION OF MONIES
VI.
COMMUNITY HOUSING DEVELOPMENT ORGANIZATION
VII.
AFFIRMATIVE MARKETING & MINORITY
AND WOMEN OWNED BUSINESSES
VIII.
OTHER CONSORTIUM HOME PROCEDURES
IX.
CONSORTIUM RECORD KEEPING
X.
APPENDICES
A. Certifications
B. Attachments
1
2
2
2
6
8
8
7
11
CITY OF PUEBLO AND PUEBLO COUNTY CONSORTIUM
HOME PROGRAM DESCRIPTION
I. EXECUTIVE SUMMARY
The HOME formula allocation for the Consortium consisting of the
City of Pueblo and Pueblo County local governments amounts to
$858,000. Under a formal Consortium Agreement between the two
participating governments, the City of Pueblo will receive
$686,400 and Pueblo County $171,600 to establish an owner
occupied rehabilitation program in areas outside the Pueblo city
limits. Non - profit participation in the amount of $128,700 will
allow Neighborhood Housing Services (NHS) and the Bradford
Neighborhood Association to continue acting as the local
Community Housing Development Organization (CHDO). Efforts will
be made to involve other CHDO's.
In response to the CHAS identification of housing needs and a
housing delivery approach that would involve the two local
governments without the administrative difficulty involved in
dealing with different entities, the City of Pueblo will act as
lead agency for HUD. Each jurisdiction's proposed use of HOME
funds will be defined separately under Section IV of this program
description. Housing delivery services will be within each
jurisdiction's geographic boundary. The Pueblo County local
government and Neighborhood Housing Services HOME program for
1994 will in many ways continue with the housing programs defined
in the 1993 HOME program description.
Under the Consortium approach, The City of Pueblo will act as the
lead participant working directly with the Pueblo County and
Neighborhood Housing Services. The City will establish a HOME
Investment Trust Fund and do all project set -up under the Cash
Management Information (C \MI) System used by HUD to process each
project in compliance with the HOME requirements. The City of
Pueblo will then provide each agency with monthly project status
reports.
The Consortium will offer several HOME program alternatives for
persons of low and moderate income households identified in the
CHAS as needing housing assistance. Each jurisdiction has the
goal of helping as many of the Consortium loan applicants as
possible within its boundaries and among different categories of
housing need.
Consortium CHAS Housing Strategy_
Section II of the current Comprehensive Housing Affordability
Strategy (CHAS) specifies the following as housing priorities:
1993 HOME Program Description Revised 3/94
1
1. To endeavor to secure contracts with HUD to expand the
supply of affordable rental units and new construction
for very low -, low- and moderate - income households
within the corporate limits of the City of Pueblo.
2. To encourage and support the rehabilitation of existing
housing stock for very low -, low- and moderate - income
households, principally for owner - occupants.
3. To increase and preserve homeownership through
owner - occupied rehabilitation, energy conservation and
first -time homebuyer programs to assist renter
households become homeowner.
4. To increase and preserve housing opportunities for
people with special needs and, wherever possible, help
people maintain or achieve independent living.
5. To develop affordable migrant farm worker housing.
II. .FORMS OF INVESTMENT
The Consortium will use the following forms of assistance with as
much utilization of the primary leveraging techniques so as not
to invest anymore HOME funds in combination with other federal
assistance that will be necessary to provide affordable housing:
1. Interest Reduced Loans
2. Deferred and low - interest loans
3. Non - interest Bearing and Interest Bearing Loans
4. Principal Reduction
5. Grants
III. HOME MATCHING REQUIREMENTS BY CONSORTIUM
For the Consortium, there will be no matching requirement under
the 1994 HOME formula allocation. The Consortium meets the two
statutory distress criteria as a "severe fiscal distress"
participating jurisdiction allowing a 100 percent match waiver
for the Consortium.
IV. PROPOSED USE OF HOME FUNDS BY CONSORTIUM PARTICIPANT
The following proposed uses of HOME funds are essential to the
implementation of the Consortium's approved CHAS for approving
the supply, affordability and availability of decent, safe,
sanitary housing. Neither the City of Pueblo nor the County
propose to do tenant assistance with HOME funds but, the
1993 HOME Program Description Revised 3/94
2
Consortium would like to reserve the right to request such
assistance later deemed necessary.
City of Pueblo Interest Reduced Loans
Method of Assistance: Moderate Rehabilitation of owner - occupied
units
Estimated Number of Units: 12
Rehabilitation of owner occupied dwellings up to $17,500. Target
income group will be those households at 65 to 80% of median
income. The City of Pueblo program will subsidize or buy down the
lender's market interest rate to the desired housing debt
standard of 30% of household income. An interest subsidy, as a
direct cash grant to lower the effective higher market interest
to the lower borrower can also be described as a discounting of a
lower yielding loan to effect a market rate of interest.
Interest rates will be targeted at three percent. Because the
City will provide the present value of the difference between
market rate and the three per -cent rate banks will find this
arrangement attractive, allowing the private lender funds to be
used at an approximate ratio of 3 to 1 HOME dollars to be used.
With the monthly payments to be received, the City will seek to
recapture its HOME investment by having the lender deposit these
funds into a HOME Investment Trust Fund revolving account that
will meet the requirements of the HOME match for future
legislative purposes.
Countv and Citv of Pueblo Housina Rehabilitation Loans
Method of Assistance: Moderate Rehabilitation of owner - occupied
units
Estimated County Number of Units: it to 15
Estimated City of Pueblo Number of Units: 5 to 8
Loans for rehabilitation of owner occupied dwellings up to
$17,000 at 15 years both deferred and low interest rate loans.
Each jurisdiction will concentrate in their respective geographic
areas. The Pueblo County area will include rural areas outside
the corporate limits of the City of Pueblo. Target income groups
will be below 80% of medium income with special payback
provisions for households at 50% medium income. These eligible
properties will meet, after rehabilitation is complete, the City
of Pueblo Housing Code. Applicants will be allowed to borrow
funds based on analysis of some payback ability. HOME funds will
first be used to correct City of Pueblo Housing Code violations
addressing health and safety. The basic mechanical systems
consisting of roofs, plumbing (water and sewer), electrical and
1993 HOME Program Description Revised 3/94
3
structural will be brought up to housing code before other
improvements are made to the property.
City of Pueblo HOME Substantial Rehabilitation Program
Method of Assistance: Rehabilitation of owner - occupied units
Estimated Number of Units: 5 to 8
This program will be similar to the HUD 312 Program which will
allow more intensive rehabilitation for households.
Owner - occupants of one- to four -unit properties who have incomes
below 80 percent of Pueblo's median income will be eligible for
loan limits as high as $33,500 at 3% interest rates with 20 year
terms. Emphasis will be for larger families greater than four or
more. Non - housing code improvements cannot exceed 40% of the
total loan amount. The most recent assessed value of the
property will be determined to meet the loan -to -value ratio
requirements. These loans will be targeted toward borrowers
likely to repay and where there is sufficient value in the
property, in case the borrower defaults. Emphasis will be for
those loans to applicants in riskier neighborhoods at more
attractive rates than conventional rehabilitation loans. The
applicants total housing expense (PITI) including any HOME loan
cannot exceed 30% of gross monthly income. Total debt cannot
exceed 45% of gross monthly income.
City of Pueblo HOME Rental Rehabilitation Funds
Method of Assistance: New Construction for non - profits and Rehab
of investor owned units
Estimated Number of Units: City of Pueblo 10
Potential income from the property will be analyzed. HOME funds
for multifamily loans will be similar to guidelines under the
previous HUD funded Rental Rehabilitation Program. The City of
Pueblo will follow financial techniques to fit the best deal.
All options will be considered such as assumable, forgivable,
deferred payment loan or grant versus a below market interest
rate loan coupled with a conventional loan or other private
investment. , Project financial feasibility and soundness of
projects also an owner's investment and return will be analyzed.
For Home- assisted rental housing not less than 90% of HOME funds
will be invested in units occupied by families whose annual
income do not exceed 60% of median income for Pueblo county. The
City of Pueblo will select low income neighborhoods with priority
for rehab of vacant units.
New construction will take place on units deemed infeasible to
rehabilitate and meet neighborhood target criteria in regards to
number of abandoned homes, blight and lack of private investment
1993 HOME Program Description Revised 3/94
4
in the area. Target units for rehab will be larger families
units with two or more bedrooms. Minimum rehabilitation costs
must total $1,000 per unit in each project. Rehabilitation
standards will be the City of Pueblo Housing Code with all units
after rehabilitation meeting the Section 8 HQS. Substantial
rehabilitation projects will meet the cost effective energy
conservation and effectiveness standards in 24 CFR Part 39. All
new construction projects must meet the Model Energy Code
published by the Council of American Building Officials.
Eligible projects will be carefully screened for those receiving
other federal assistance except tenant based Section 8 Existing
Housing Program under 24 CFR Part 882 or the Housing Voucher
Program under 24 CFR 887, Subparts A and B. HOME funds will
provide preferred financing for:
1. Purchase or Refinance Existing Vacant Multi - Family
Units
2. Substantial Rehabilitation of Existing Apartments
3. New Construction and single residential homes
acquisition and rehabilitation for lower income
families
City of Pueblo HOME First Time Homeownership Assistance Loans
Method of Assistance: Acquisition and Rehabilitation of single
residential units for first -time homeowners.
Estimated Number of Units: City of Pueblo 6 - 10
The City of Pueblo will use HOME fund to provide homeownership
opportunities by techniques such as downpayment assistance, sales
price reduction, below market interest rate loans and closing
cost assistance. Loans will be secured by promissory notes and
second and third mortgage. These will be primarily bridge loans
for allowing homeownership financing to take place. The proposed
type of homeownership that potential homebuyers will acquire
under this program will include both fee simple and
lease /purchase arrangements that allow a person to acquire and /or
rehabilitate a property that will be leased to a potential
homebuyer. First mortgage financing for the Homeownership program
will come from the Colorado Housing Finance Authority (CHFA) and
other local mortgage lenders utilizing FHA mortgage insurance.
Under a now existing City of Pueblo homeownership program a
private lender using CHFA low interest bond funds makes a first
mortgage FHA loan to a qualified borrower at 29% of gross income
for principal, interest, taxes and insurance. The City of Pueblo
places a temporarily deferred low- interest loan behind the
Lender's loan for the remainder of the rehabilitation cost. This
program allows the borrower to purchase an older Pueblo home in
1993 HOME Program Description Revised 3/94
5
addition to having funds to rehabilitation the property at an
affordable monthly mortgage payment. All homes after rehab must
meet the City of Pueblo Housing code. The lease /purchase
arrangement will allow homebuyers to defer monthly payments on
second and third gap financing loans for a two -year period before
the option to purchase the home is exercised. In addition, under
the lease option system, homeownership counseling will be.given
the family during the two year period.
In addition to the above, HOME funds will attempt to be used to
provide for acquisition downpayment assistance for conventional
financing of homeownership by low- and moderate income families.
Under a typical downpayment assistance loan program, borrowers
provide a l0% downpayment, the City provides a lot
interest - accrued, recertified, deferred loan and a conventional
loan will provide variable or fixed rate financing for the
remaining 80 %. The City of Pueblo may recertify borrowers every
year and if their income has increased by a specific amount, the
deferred loan converts to an amortizing loan.
Section 203 (K) Acctuisition /Rehabilitation Loans and CHFA
The City of Pueblo currently uses under it's Pueblo Urban
Homestead Program, the FHA Section 203 (K) Program. Loans are
designed to facilitate the purchase and rehabilitation of vacated
or boarded -up older Pueblo homes that are feasible to
rehabilitation and provides renter households opportunities to
obtain homeownership. Section 203 (k) loans carry 30 year terms
and are currently being loan by (CHFA) at 7.8% interest rate.
Section 203 (K) can frequently provide less costly private funds
which the City may more efficiently leverage. Section 203 (K)
provides an additional resource with which the City can leverage
HOME funds with acquisition needs. The Home mortgage for
assistance will be equal to the term of the HUD - insured mortgage.
Guidelines for Resale
Projects assisted under the Homeownership program will be
required to adhere to the resale guidelines specified by 24 CFR
92.254. To allow the resale of properties and a fair return to
the initial owner the City of Pueblo will adopt the following
provisions:
1. The housing must remain affordable to low income homebuyers
for a period of 15 years from the date of initial purchase. If a
subsequent buyer of a first time homebuyer unit is assisted with
HOME funds in order to make the unit affordable in accordance
with the resale restrictions, the period of affordability will
begin anew.
1993 HOME Program Description Revised 3/94
6
2. Since new construction is at this time anticipated with the
use of HOME funds the City of Pueblo will assure affordability
with a 20 year period. If the house is sold prior to the end of
the 20 year compliance period, the housing must be offered to a
low income family (80 % of median income) that will use the
property as its principal residence; and it must be offered at a
price that provides the initial owner with a fair return on
investment, including any improvements, but also remains within a
price range which is affordable to a subsequent low income
purchaser whose monthly payments of principal, interest, taxes
and insurance do not exceed 30 percent of the gross income of a
family with an income that is equal to 75 percent of median
income for the Pueblo area, as determined by HUD with adjustments
for smaller and larger families.
3. To eliminate future uncertainty for the first time homebuyer
as much as possible the City of Pueblo will clarify up -front what
equity the owner can recapture if a sale occurs within the resale
restriction period. The city will use a shared appreciation
resale provision whereby the owner's fair return will be based on
the following formula:
Downpayment plus monthly payments applied toward
principal and cost of major improvements which
increased the value of the property. This amount when
added to the homeowners investment represents his share
of the appreciation of the value of the property. The
City of Pueblo's subsidy and any appreciation will be
reduced if necessary to be affordable for the
subsequent buyer.
If the seller is unable to adhere to the above, the entire amount
of subsidy attributable to the site in question is repayable upon
sale. However, an alternative resale restriction requires the
recapture of the HOME subsidy (in whole or in part) in those
instances where on the subsequent purchase, the property is not
sold to a low- income homebuyer.
Enforcement provisions for principal residence and HOME resale
restrictions for subsequent low income buyers will be enforced
through deed restrictions. Legal documents will require the
homebuyer to retain the purchased home as their principal
residence and convey the property to low income subsequent
purchasers with affordable payments. The HOME subsidy for the
initial purchaser will become due on sale with the full or
partial repayment subject to assurance that these resale
provisions are met.
Upon foreclosure by a lender or other transfer in lieu of
foreclosure, the affordability period shall be suspended if the
foreclosure by a lender or other transfer in lieu of foreclosure
1993 HOME Program Description Revised 3/94
7
recognizes any contractual or legal rights of public agencies,
nonprofit sponsors or others to take action that would avoid
termination of low- income affordability.
V. HOME ALLOCATION OF MONIES
Table A below summarizes the proposed use of HOME funds by the
Consortium:
Total Home
Rental $
Owner $
New Construction
$ 80,000
$100,000
Substantial
Rehabilitation
$ 0
$ 140,000
Other Rehab
$ 0
$378,000
Acquisition
$ 80,000
$ 80,000
Tenant Assistance
$ 0
$ 0
,F- TOTAL
$ 160,000
$698,000
VI. COMMUNITY HOUSING DEVELOPMENT ORGANIZATION AND HOME
The City of Pueblo has requested and will enter into a formal
agreement with the two local non - profit housing agencies.
Neighborhood Housing Services will address two primary needs of
their targeted areas:
1. Increase investment in housing owned, developed or sponsored
by NHS and thereby increase the amount of affordable housing to
the low- income neighborhood served by NHS.
2. In response to the decline in the housing stock conditions
in NHS area the City of Pueblo will contribute $100,000 of HOME
funds for their area of neighborhood revitalization.
3. The Bradford Neighborhood Association will work closely with
the City to develop the capacity to become a second CHDO.
Activities to be carried out by NHS with HOME funds
It is the intent of NHS to provide, with the use of $100,000 HOME
funds, the purchase and rehabilitation of 5 vacant single family
homes in the Northside /Downtown neighborhood of Pueblo.
Approximately $80,000 of the HOME funds will provide downpayment
1993 HOME Program Description Revised 3/94
8
assistance to purchase and rehabilitate a vacant and boarded up
ten unit multi - family dwelling to be used for low and moderate
income clients with the assistance of the Pueblo Housing
Authority.
Total Home
Rental S
Owner
New Construction
$
0
$
0
Substantial
Rehabilitation
$
0
$
20,000
Other Rehab
$
80,000
$
0
Acquisition
Tenant Assistance
$
0
1 $
0
Grand Total
IS
80,000
20 000
VII. AFFIRMATIVE MARKETING AND MINORITY AND
WOMEN OWNED BUSINESSES
Outreach to Minority and Women Business
The City of Pueblo through the procurement policies followed by
the Department of Purchasing strongly supports small minority and
women business opportunities.
Some of the affirmative steps the City of Pueblo takes are:
To encourage minority business participation in the bidding
process, the department actively subscribes to publications such
as the directory of " Minority and Women Advertisers and
" Colorado Women's News ". These procedures assure such businesses
have an equal opportunity to compete and obtain contracts.
Encourage General Contractors on larger construction jobs to
divide total contract requirements into small tasks or
quantities or subcontract work to minority businesses and
women's with the City of Pueblo projects.
Requires no formal performance and payment requirements on
smaller housing rehabilitation projects less than $10,000
except for general business insurance and compliance with
local license requirements, thereby assisting smaller businesses.
Fair Housing Choice
The City of Pueblo, Pueblo County and NHS, are all members of the
Fair Housing Task Force Committee. The Fair Housing Task Force
conducted an analysis of fair housing impediments in July, 1993
1993 HOME Program Description Revised 3/94
9
and under its Fair Housing Strategies Plan took action designed
to address the conditions identified as limiting fair housing
choice. The Proposed Use of Home funds as defined in this
Program Description will assist with the implementation of this
impediment study. In order to attract eligible persons from all
racial, ethnic and gender groups to the available housing the
Consortium will make good faith efforts by:
Using the Fair Housing Task Force network brochures to
inform the public, in churches, employment centers and other
housing counseling agencies.
Using the EHO logo type or slogan in press releases and
written brochures that advertise the programs.
Organizing periodic meetings with private lenders about the
benefits of identifying affirmative loan targeting to low -
income residents and neighborhoods.
Using housing advocates agencies such as HOPE ALIVE, SRDA,
Family Counseling Agency and other community housing
advocates.
Periodically assessing the affirmative marketing efforts
following advertisements.
Affirmative Marketing Procedures
The Consortium will take the following actions to provide
information and otherwise attract eligible persons from all
racial, ethnic and gender groups in the housing market area to
the housing which is assisted by the HOME Program funding:
All correspondence, notices and advertisements related to the
HOME funds will contain either the Equal Housing Opportunity
logotype or slogan.
Participants in the HOME Program will be required to use
affirmative fair housing marketing practices in soliciting
renters or buyers, determining their eligibility and concluding
all transactions. Any HOME assisted housing must comply with the
following procedures for the required compliance period depending
on which program is utilized.
1. Owner's advertising of vacant units must include the equal
housing opportunity logo or statement. Advertising media may
include newspapers, radio, television, brochures, leaflets, or
may involve simply a sign in a window.
2. The owner will be required to solicit applications for vacant
units from persons in the housing market who are least likely to
1993 HOME Program Description Revised 3/94
10
apply for the HOME assisted housing without benefit of special
outreach efforts. In general, persons who are not of the
race /ethnicity of the residents of the neighborhood in which the
rehabilitated building is located shall be considered those least
likely to apply.
The owner may wish to use community organizations, places of
worship, employment centers, fair housing groups, housing
counseling agencies, social service centers, or medical service
centers as resources for this outreach.
3. The owner must maintain a file containing all marketing
efforts (i.e. copies of newspaper ads, memos of phone calls,
copies of letters, etc.) and the records to assess the results of
these efforts are to be available for inspection by the City of
Pueblo.
4. The owner shall maintain a listing of all tenants residing in
each unit at the time of application submittal through the end of
the compliance period.
The City of Pueblo will assess the affirmative marketing efforts
of the owner by comparing predetermined occupancy goals to actual
occupancy data that the owner is required to maintain. Outreach
efforts on the part of the owner will also be evaluated by
reviewing marketing efforts.
The City of Pueblo will assess the efforts of the owners
receiving HOME funds during the rent -up and marketing of the
units by use of a compliance certification or personal monitoring
visit to the project at least annually. Corrective actions shall
include extensive outreach efforts to appropriate contacts to
achieve the occupancy goals or other sanctions the City of Pueblo
may deem necessary.
Each unit of general local government that subgrants the
administration of this program must adopt affirmative marketing
procedures and requirements that meet the requirement in
paragraphs (a) and (b) of 24 CFR 92.351.
VIII. OTHER CONSORTIUM HOME PROCEDURES
Other Loan Underwriting Criteria
All HOME loans will be secured by promissory notes secured by
deeds of trust. Subordination to no less than third position
will be considered when appropriate. The City frequently
receives loan packages in which a low- income borrower has a first
or second mortgages lien that carries an exorbitant interest
rate.
1993 HOME Program Description Revised 3/94
11
The City will analyze such bad loans and using non -HOME funds
refinance such high interest rate mortgages. The borrower
greatly benefits from reduced payments on the refinanced
mortgage, the elimination of an high interest rates from their
property and the consolidation of mortgage debt obligations,
allowing needed home repairs to take place.
IB. CONSORTIUM- RECORD KEEPING
HOME project set -up procedures will be administered by the City
of Pueblo for entering into HUD's Cash Management information
System. The City of Pueblo will also track compliance with the
15 -day initial disbursement requirement.
The City of Pueblo will provide full cycle reporting to
participating other agencies involved in the HOME program to
assure effective program administration. The City will monitor
HUD's C /MI System which maintains a running account of funds for
each project including the amount committed to specific projects.
Monthly financial reports generated by the System will be passed
on to Pueblo County and NHS. Staff of the City of Pueblo will
process reservation and obligation of funds in accordance with
the C /MI System.
Pueblo County and NHS, in addition, will maintain files that
summarize (i) each payee, (ii) date of payment, (iii) amount,
(iv) account running balance and other funding sources for each
HOME project. Upon either Pueblo County or Neighborhood Housing
Services recordation of a notice of completion for the HOME
funded project general record - keeping requirements in accordance
with any Agreements drawn up between the agencies and HOME
administrative requirements. Each agency will be required to
prepare loan portfolio servicing on a monthly HOME deferred and
amortized loans. The files will provide complete collection
information and primary information regarding HOME funds. A loan
servicing system will include late payment notices sent out at
certain intervals. Appropriate tax reporting on interest paid by
the borrower will be forwarded to the IRS on form 1098 for each
borrower. In addition, each agency will provide loan payoff
quotations, amortization schedules and recertifications of income
eligibility for any loans by HOME borrowers.
City Contracts Disk
HONEPLAN Doc
1993 HOME Program Description Revised 3/94
12
ATTACHMENT C
CERTIFICATIONS
HOME PROGRAM DESCRIPTION
In accordance with the Home Investment Partnerships Act and
with 24 CFR 92.150 of the home Investment Partnership Program
Rule, the participating jurisdiction certifies that:
(a) Before committing any funds to a project, it will evaluate
the project in accordance with the guidelines that it adopts
for thin purpose and will not invest any more HOME funds in
combination with other Federal assistance than is necessary
to provide affordable housing;
(b) If the participating jurisdiction is not on the list
published under 24 CFR 92.51 and intends to do new
construction to facilitate a neighborhood revitalization
program;
For each neighborhood revitalization program,
1. Rehabilitation is not the most cost - effective way to
meet the participating jurisdictions need to expand the
supply of affordable housing within the neighborhood and
the participating jurisdictions housing needs, within
the neighborhood, cannot be met through rehabilitation
of the available housing stock; and
2. The program of new construction is needed to facilitate
a neighborhood revitalization program that emphasizes
rehabilitation of substandard housing for rental or
homeownership opportunities by low- income and moderate -
income families in an area designated by the
jurisdiction;
3. The housing is to be located in a low- income
neighborhood;
4. The housing is to be developed, owned, or sponsored by a
community housing development organization or a public
agency; and
5. The number of housing units to be constructed with HOME
funds does not exceed 20 percent of the total number of
housing units in the neighborhood revitalization program
that are assisted with HOME funds; unless
affordability, and availability of decent, safe, sanitary,
and affordable housing.
( ®) The submission of the program description is authorized
under State and local law (as applicable), and that it
possesses the legal authority to carry out the Home
Investment Partnerships (HOME) Program, in accordance with
the HOME regulations;
(f) It will comply with the acquisition and relocation
requirements of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended,
implementing regulations at 49 CFR part 24 and the
requirements of 24 CFR 92.353;
(g) It and State recipients, if applicable, will use HOME funds
pursuant to its Comprehensive Housing Affordability Strategy
(CHAS) approved by HUD and all requirements of 24 CFR Part
92;
(h) It will or will continue to provide a drug -free workplace
by:
1. Publishing a statement notifying employees that the
unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is
prohibited in the grantee's workplace and -
specifying the actions that will be taken against
employees for violation of such prohibition;
2. Establishing an ongoing drug -free awareness program
to inform employees about -
(a) The dangers of drug abuse in the workplace;
(b) The participating jurisdiction's policy of
maintaining a drug -free workplace;
(c) 'Any available drug counseling,
rehabilitation, and employee assistance
programs; and
(d) The penalties that may be imposed upon
employees for drug abuse violations occurring
in the workplace;
3. Making it a requirement that each employee to be
engaged in the performance of the grant be given a
copy of the statement required by paragraph (1);
4. Notifying the employee in the statement required by
paragraph (1) that, as a condition of employment
3
Place of Performance (Street address, city, county,
state, zip code)
City of Pueblo, Department of Housing & Community
Development
#1 City Hall Place
Pueblo, CO 81003
(i) To the best of its knowledge and belief:
1. No Federal appropriated funds have been paid or
will be paid, by or on behalf of it, to any person
for influencing or attempting to influence an
officer or employee of any agency, a Member of
Congress in connection with the awarding of any
Federal loan, the entering into of any cooperative
agreement and the extension, continuation,
renewal, amendment or modification of any Federal
contract, grant, loan or cooperative agreement;
2. If any funds other than Federal appropriated funds
have been paid or will be paid to any person for
influencing or attempting to influence an officer
or employee of any agency, a Member of Congress,
an officer or employee of Congress or an employee
of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative
agreement, it will complete and submit Standard
Form - -LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions; and
3. It will require that the language of paragraph (h)
of this certification be included in the award
documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts
under grants, loans and cooperative agreements)
and that all subrecipients shall certify and
disclose accordingly.
SIGNATURE
March 15, 1994
DATE
City Manager
TITLE