Resolution 245-2009
RESOLUTION NO. 245 ,2009
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING AN AMENDMENT TO THE
2008/2009/2010 LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY
THE STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM,
AUTHORIZING THE ADOPTION OF THE "FLORIDA HOME BUYER
OPPORTUNITY PROGRAM" (FHOP) STRATEGY AND THE SUBMISSION OF
THE AMENDED LOCAL HOUSING ASSISTANCE PLAN TO THE FLORIDA
HOUSING FINANCE CORPORATION.
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss.
420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida
Administrative Code, required local governments to develop a Local Housing
Assistance Plan (LHAP) outlining how SHIP funds will be used; and
WHEREAS, The Monroe County Housing Authority prepared a
2008/2009/2010 Local Housing Assistance Plan which was approved by the Monroe
County Board of County Commissioners and the Florida Housing Finance
Corporation; and
WHEREAS, the Florida Housing Finance Corporation has been charged
to implement Specific Appropriation 1570 of the 2009-2010 General Appropriations
Act; and
WHEREAS, the state program shall be called the "Florida Homebuyer
Opportunity Program" (FHOP); and
WHEREAS, the Florida Homebuyer Opportunity Program Strategy is
designed in response to the legislative proviso requiring SHIP local governments to
expend 2009-2010 funds to ensure that residents of the state derive the maximum
possible economic benefit from the federal First-time Homebuyer Tax Credit created
through The American Recovery and Reinvestment Act of 2009 by providing
subordinate down payment assistance loans to first time home buyers for owner-
occupied primary residences which can be repaid by the income tax refund the
homebuyer is entitled to under the First Time Homebuyer Credit; and
WHEREAS, the Florida Housing Finance Corporation is responsible for
administering the Florida Homebuyer Opportunity Program to optimize eligibility for
conventional, V A, USA, FHA and other loan programs through the State Housing
Initiatives Partnership (SHIP) program; and
WHEREAS, up to ten percent (10%) of funds received may be used for
administrative expenses to implement the FHOP and not more than .25 percent
(.25%) may be used to compensate the Florida Housing Finance Corporation for the
expenses associated with compliance monitoring; and
WHEREAS, prior to December 1, 2009 or any later date established by
the Internal Revenue Service, counties receiving funds shall expend the funds
appropriated under Specific Appropriation 1570A only, to provide subordinate loans
to perspective first-time homebuyers under the FHOP. The funds appropriated under
Specific Appropriation 1570A may not be used for any other program currently
existing under ss. 420.907-420.9079, Florida Statutes. Thereafter, the funds shall be
expended in accordance with ss. 420.907-420.9079, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners of Monroe County Florida, that the County hereby:
Authorizes the amendment to the 2008/2009/2010 Monroe County Local Housing
Assistance Plan to incorporate the "Florida Homebuyer Opportunity Program"
(FHOP) Strategy.
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe
~ournY, FJ.grida at a regular meeting of said Board held on the 19th day of August, 2009.
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Mayor George Neugent
Mayor Pro Tern Sylvia Murphy
Commissioner Mario DiGennaro
Commissioner Kim Wigington
Commissioner Heather Carruthers
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BOARD OF COUNTY COMMISSIONER OF
MONR~E OUNTY, FLO~ , J-..
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Mayor George Neugent
Approved as to legal sufficiency:
Date:
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ASSISTANT CO TY ATTORNEY <tJ3/o 'i:
, Date
EXHIBIT A
Resolution 245 , 2009
D. Name of the Strategy: Florida Homebuyer Opportunity Program (FHOP)
a. Summary of the Strategy:
This strategy is designed in response to the legislative proviso requiring
SHIP local governments to expend 2009-2010 funds to ensure that
residents of the state derive the maximum possible economic benefit from
the federal first time homebuyer tax credit created through The American
Recovery and Reinvestment Act of 2009 by providing subordinate down
payment assistance loans to first time homebuyers for owner occupied
primary residences that can be repaid by the income tax refund the
home buyer is entitled to under the First time Homebuyer Credit. The state
program shall be called the "Florida Homebuyer Opportunity Program"
(FHOP).
b. Fiscal Years Covered:
2009/2010 or until expiration of the federal first-time homebuyer tax
credit.
c. Income Categories to be Served:
Up to $75,000 for single taxpayers or $150,000 for joint filers. There is
no requirement to reserve 30 percent of the funds for awards to very-Iow-
income persons or 30 percent of the funds for awards to low-income
persons; and there is no requirement to expend 75% of funds for
construction, rehabilitation or emergency repair.
d. Maximum Award:
Maximum award is the principal balance of the loans provided shall not
exceed 10% of the purchase price or $8,000 whichever is less.
e. Terms, Recapture and Default:
Mortgage loans will be forgiven if the loan is repaid within 18 months
from the date of closing. The homebuyer(s) shall be expected to use their
federal income tax refund to fully repay the loan. If the county receives
repayment from the homebuyer( s) within 18 months after the closing date
of the loan, the county shall waive all interest charges and fees.
A homebuyer who fails to fully repay the loan within 18 months of
the date of closing, shall be subject to monthly repayments of the
outstanding debt amortized over 60 months at 6% per annum.
Loans repaid during the period when there is still an active home buyer tax
credit program must be used to help more FHOP buyers. Once the tax
credit program ceases to exist, all funds repaid to the county shall be
considered "program income" as defined in s. 420.9071 (24) and can be
utilized on any SHIP strategy.
f. Recipient Selection Criteria:
Recipients must meet the requirements of the following; the maximum
income limit shall be Adjusted Gross Income of $75,000 for single
taxpayer households or $150,000 for joint-filing taxpayer households
which is equal to that permitted by the American Recovery and
Reinvestment Act of 2009.