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RES 970RESOLUTION NO.7'/° A RESOLUTION adopting multi-family rental rehabilitation loan program policies and guidelines. WHEREAS,rehabilitation of existing structures improves the quality of housing available to low and moderate income families,and WHEREAS,such rehabilitation contributes to the revitalization of neighborhoods and the downtown core area,and WHEREAS,the City of Camas in conjunction with the Camas Downtown Vision Coalition and Clark County will collaboratively conduct marketing designed to stimulate participation in the rehabilitation program,and WHEREAS,the Council of the City of Camas desires to adopt policies and guidelines for the multi-family housing rehabilitation program, NOW,THEREFORE,BE IT RESOLVED by the Council of the City of Camas as follows: Section I There is hereby adopted as the policies and guidelines for administration of the multi- family rental rehabilitation loan program that certain document entitled “City of Camas Multifamily Rental Rehabilitation Loan Program Policies and Guidelines”attached hereto and by this reference incorporated herein. ADOPTED by the Council at a regular meeting this day of September,2003. SIGNED:7 Mayor Clerk ATTEST: VED as to form: 77 ity Attorney CITY OF CAMAS Multifamily Rental Rehabilitation Loan Program Policies and Guidelines I.INTRODUCTION Implementation of an effective housing rehabilitation program requires appropriate use of scarce public resources and establishment of clear program objectives and policies. These Guidelines provide explicit requirements and procedures for executing the various program tasks (review of applications,verification of title documents,detailed housing inspections and individual rehabilitation specifications,review of construction work, servicing of loans,mediating disputes,advertising,and marketing the program ). II.GOALS AND OBJECTIVES The program will be a front-end low-interest loan provided to multifamily rental property owners of residential and or commercial structures being converted to residential purposes to leverage funding needed to make rehabilitation economically feasible where upon completion,at least 51%of the units will be rented to qualified renters at or below Fair Market Rent.The buildings will be in the downtown Camas area. The goal of the program is to assist in the revitalization of neighborhoods,the downtown Camas area,and to improve the quality of housing available to low-and moderate-income families. III.PROGRAM MARKETING To stimulate voluntary participation in the program,The Camas Downtown Vision Coalition (DVC ),City of Camas and Clark County will collaboratively conduct program marketing.Marketing strategies may include presentation to business community, newsletters,press releases to the media,direct mailings to property owners,and contacts with housing and community service agencies.The goal of joint marketing strategies is to provide consistent,reliable information about the program .County CDBG Staff will work with the City to develop Program Brochures for distribution through DVC/County Rehab Program and City CDBG staffs. IV.PROGRAM COMPLIANCE AND STAFFING The program will be overseen by the City of Camas and implemented by the Clark County Department of Community Services Homeowner Rehabilitation Program staff. Basic functions provided by the program staffs will mirror those described in the current Vancouver/Clark County Housing Rehabilitation Policy Manual (including inspections, work specifications,bidding,construction monitoring,environmental reviews, advertisement,loan documentation,income eligibility,loan servicing and annual monitoring of income and unit rent requirements).Program services and responsibilities will be covered under the overall CDBG Agreement between the City of Camas and Clark County. 1 V.CAMAS PROGRAM REQUIREMENTS The program requires a mix of public and private funds to cover the cost of rehabilitating investor-owned properties.Because rental properties are investments intended to provide owners with a profit ,income from such properties should be sufficient to pay operating expenses and all debt service (including the rehabilitation loan),as well as yield a reasonable profit to the investor.General eligibility and requirements under the program are as follows : a)At least fifty-five (55%)of the project rehabilitation costs must be paid through property owner’s private funds,including bank loans(s);said funds to be placed in an escrow account to satisfy any liens filed by contractor/subcontractors in the course of project construction and its completion (emergency waiver of this policy may be applied for); b)Properties must be multifamily rental residential buildings of 2 or more units c)Properties must require elimination of exterior blighting conditions,cost effective energy conservation improvements,correction of health and safety hazards,major system improvements,or increase additional dwelling units within existing building footprint ; d )At least 51%of all units must be occupied by tenants with incomes at or below 80% of the Portland-Vancouver MSA (households will be considered assisted only when the rental unit rehabilitated through the program is initially occupied by such household after rehabilitation).If Clark County Weatherization funds are combined with the proposed project,the Weatherization income criteria will dictate the income level required to be met at project completion. e)At least 51%of all units must have rents that do not exceed the Fair Market Rent for the Portland-Vancouver MSA; f )City will give priority to property occupied predominately by lower/moderate income households and supported by other public and private investment . g)Properties requiring tenant displacement are not eligible; h)Annually,beginning with the first anniversary after project completion and each year thereafter until full repayment of loan or for 15 years,whichever is later,property owner shall provide the following:1 )certification that property continues to meet affordable rent and low/moderate-income family occupancy requirements of the program 2)list of any improvements or changes made to the property and 3 )list of occupancy and vacancy of the property during each 12 month period;The property owner shall not raise the gross rent (rent plus and utilities paid by the tenant )for one year from the date of completion of the rahabilitation. i)Rehabilitation work on the property must be completed within eighteen months and must have occupancy certification from date of approval of the final loan application and meet HUD’s Housing Quality Standards and all local codes; j)Fair Housing Rules and Regulations will be required of all property owners,and property management personnel in the rental of units; VI LOAN DESCRIPTION 1.Loan Limit :the minimum loan of the eligible rehabilitation activity will be for no less than $20,000.Eligible property must have sufficient equity or secured collateral at the time of application to cover the entire loan amount .Loan amount is based on available funds . 2.Interest Rate:The loan will be amortized at 2%annual interest. 2 3 .Term :The loan will be amortized from a minimum of 5 years to a maximum of 15years subject to negotiated loan terms with City CDBG Program . 4.Security requirement :Applicant must execute a Promissory Note and Deed of Trust for the total loan amount .The Promissory Note and Deed of Trust must be signed by all persons holding property interest. 5 .Disposition of Loan Repayments:Loan repayments and funds returned to program shall be returned to the City of Camas.The reuse of returned funds will be for housing improvements and downtown improvement purposes,decided by City Council,the County CDBG organization. 6.Right of Rescission:Applicant has the right to cancel within three business days from date of signing Promissory Note and Deed of Trust.No funding commitment will be made during this three-day period by the program. 7.Loan in Default :The loan will be considered in default if and when any of the following occurs: a)Sale or transfer of the property has transpired and repayment in full has not been made; b)Payment received more than 30 consecutive calendar days late will be assessed a late fee of 4.00%of the payment amount due; c)Payment has not been made for sixty (60)consecutive days; d)Affordable rents and occupancy requirements are not maintained; e)The rent level of a CDBG designated unit exceeds the requirement noted in Section V (e ); f )Annual reports on tenants’incomes and rent levels are not submitted to the City of Camas; g)Insurance on the property is not maintained . h)Taxes or required fees are not kept current and are considered delinquent; i)Negligence of any other terms of the Deed of Trust. There are no “prepayment penalties”.The loan is due in full upon sale or transfer of the property VII APPLICATION AND PROCESSING PROCEDURES A loan committee,known as the Camas Multifamily Rental Rehabilitation Loan Committee,will be comprised of the following members (City Administrator,Private Financial Expert,and Downtown representative)will be responsible for the following activities: 1)Reviewing all eligible loan applications forwarded;and 2)Make funding selection. The Camas Multifamily Rental Rehabilitation Loan Committee will select projects best meeting the objectives outlined above regarding neighborhood location,current and potential occupancy by low-and moderate-income families,upgrading of substandard units,timely and cost effective rehabilitation,long-term maintenance and operation after rehabilitation,rent affordability,and impact the downtown area. Marketing:DVC,City staff and County CDBG Program Staff,and County Rehab Staff will develop brochures.The city will provide applications to potential applicants. 3 Application :City staff will conduct an initial eligibility screening for requirements. Eligible applications will be submitted to the committee in accordance with a schedule established by the committee.Said review will be completed within 30 days. Project Selection:The loan committee will review applications and select the project (s)to be pursued.The program staff will be directed by the committee to prepare necessary inspection,environmental review,and cost estimate for the selected projects(s).The committee will review the inspection and cost estimate and decide on financial assistance to be offered to each applicant in accordance with the program guidelines. Inspections:When all items of eligibility have been verified and approved,a first inspection will be made.The property inspection is to be conducted with the owner present so those particular deficiencies and needs can be pointed out.Property improvements needed are to be prioritized and labor and materials estimated and a work list shall be completed .Material costs are to be derived from reference to cost manual or contact with the suppliers. Environmental Review (Site Specific):All projects are required to have a signed Site Specific Environmental Review Record on file prior to contracting.This process will be conducted by the County Rehab Program staff and will reflect any mitigation identified which needs to be addressed prior to project implementation.County Housing Rehabilitation staff will perform this at time of eligibility review. Post-approval:After committee’s approval of a project and execution of the loan commitment letter (stipulating program requirements and owner’s obligations),program staff will proceed with preparation of loan documents,work specifications writing, bidding,and construction as described in the Camas Housing Rehabilitation Program Policy Manual . VIII MAINTENCE OF PROPERTY After completion of the rehabilitation work,the property owner is required for the term of the loan,to : Protect,preserve and maintain property in good condition and will continue to meet HUD 's Housing Quality Standards; Pay all taxes,assessments,utility bills and other governmental fees imposed on property; Maintain hazard insurance on the property in an amount equal to the total of all liens and listing the City of Camas as additional insured;and All subordination request of loans issued will be reviewed by the loan committee for action recommendation with the final determination to be made by the City. a. b. c. d. IX PROGRAM SCHEDULE GOALS -Marketing of Program -Commit 100%of program funds to specific projects -Project Reports Ongoing October 31,2004 Annually after first date of occupancy 4