Resolution 118-2010
EXHIBIT E
RESOLUTION NO.
118 - 2010
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS
REQUIRED BY THE STATE HOUSING INITIATIVES PARlNERSHIP PROGRAM ACT,
SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES;AND RULE CHAPTER 67-37,
FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE MAYOR
TO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY
THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING
ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY THE FLORIDA HOUSING
FINANCE CORPORATION; AND AUTHORIZING THE USE OF 10% OF THE LOCAL
HOUSING DISTRIBUTION PLUS 5% OF PROGRAM INCOME TO BE UTILIZED FOR
ADMINISTRATIVE EXPENSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing
Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes
on deeds to local governments for the development and maintenance of affordable housing; and
WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079,
Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local
governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds
will be used; and
WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP
funds allowable for each strategy; and
WHEREAS, the SHIP Act further requires local governments to establish an average
area purchase price for new and existing housing benefiting from awards made pursuant to the
Act; The methodology and purchase prices used are defined in the attached Local Housing
Assistance Plan; and
WHEREAS, as required by Section 420.9075(7), F.S., It is found that 5 percent of the
local housing distribution plus 5 percent of program income is insufficient to adequately pay the
necessary costs of administering the local housing assistance plan. The cost of administering the
program may not exceed 10 percent of the local housing distribution plus 5% of program income
deposited into the trust fund, except that small counties, as defined in s. 120.52(17), and eligible
municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent
of program income for administrative costs; and
WHEREAS, the Monroe County Housing Authority has prepared a three-year Local
Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and
WHEREAS, the County Commission finds that it is in the best interest of the public for
Monroe County to submit the Local Housing Assistance Plan for review and approval so as to
qualify for said documentary stamp tax funds.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA THAT:
PASSED AND ADOPTED by the Board of Board of County Commissioners of Monroe
County, Florida at a regular meeting held on the 21 st day of April, 2010. ,...."
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A nEST: DANNY L. KOLHAGE, CLERK
ByG
Deputy Clerk
Section 1:
Section 2:
Section 3:
Section 4:
(SEAL)
The Board of County Commissioners of Monroe County hereby approves the
Local Housing Assistance Plan, as attached and incorporated hereto for
submission to the Florida Housing Finance Corporation as required by ss.
420.907-420-9079, Florida Statutes; for fiscal years 2010-2011/2011-2012/2012-
2013.
The Mayor is hereby designated and authorized to execute any documents and
certifications required by the Florida Housing Finance Corporation as related to
the Local Housing Assistance Plan, and to do all things necessary and proper to
carry out the term and conditions of said program.
The Board of County Commissioners of Monroe County hereby authorizes the use
of 10% of the local housing distribution plus 5% of program income to be utilized
for administrative costs.
This resolution shall take effect immediately upon its adoption.
Mayor Sylvia Murphy
Mayor Pro Tern Heather Carruthers
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Mario DiGennaro
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BOARD OF COUNTY COMISSIONERS
OF MOROE COUNTY LORIDA
By:
Approved as to ~I sufficiency:
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Exhibit D
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Name of Local Government: MONROE COUNTY, FLORIDA
(1) Monroe County will advertise the availability of SHIP funds pursuant to Florida Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) Monroe County has developed a qualification system for applications for awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the County will
be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds within
24 months following the end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(11 ) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements, copies of the audits will be forwarded to
the Corporation as soon as available.
1
Certification
13) An inter-local entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income Housing Tax
Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC
requirements. Similarly, any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS, and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220, Laws of Florida _has or _X_has not
been implemented. (note: Miami Dade County will check "has")
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By: Sylvia Murphy, Mayor
Witness
Witness
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Exhibit D
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MONROE COUNTY
SHIP LOCAL HOUSING ASSISTANCE PLAN
(LHAP)
FISCAL YEARS COVERED
2010-2011/2011-2012/2012-2013
Title:
Section I.
TABLE OF CONTENTS
Program Description
Section II.
Strategies:
A.
B.
C.
D.
E.
F.
Section III.
Homebuyer Rehabilitation
Homebuyer Purchase Assistance
Homebuyer Impact Fee Assistance
Homebuyer Florida Homebuyer Opportunity (FHOP)
Disaster Mitigation
Rental ConstructionlRehabilitation
Incentive Strategies
Section IV:
Exhibit A - Administrative Budget
Exhibit B - Timeline for Encumbrance and Expenditure
Exhibit C - Housing Delivery Goals Chart
Exhibit D - Certification Page
Exhibit E - Adopting Resolution
Exhibit F - Program Information Sheet
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Page No.
3
7
9
12
15
17
18
I. PROGRAM DESCRIPTION: Chapter 67-37.005 F.A.C. and Section 420.9072, F.S.
A. Name of the participating local government and Interlocal if Applicable:
Section 420. 90 72(5), F. S.
Monroe County
Interlocal: Yes
No X
Name of participating local government(s) in the Interlocal Agreement;
N/A
B. Purpose of the program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C.
Creation of the Plan is for the purpose of meeting the housing needs of the
very low, low and moderate income households, to expand production of and
preserve affordable housing, to further the housing element of the local
government comprehensive plan specific to affordable housing.
C. Fiscal years covered by the Plan: Chapter 67-37. 002,F.A. C.
X 2010/2011
X 2011/2012
X 2012/2013
D. Governance: Chapter 67-37.005(3) and (5) (i)F. A. C. and Section 420.9071 (14)F.S.
The Monroe County SHIP Program is established in accordance with Section
420.907-9079, Florida Statutes and Chapter 67-37.007 Florida
Administrative Code. The SHIP Program does further the housing element of
the local government comprehensive plan. Cities and Counties must be in
compliance with applicable statutes and rules: Section 420.907-9079, F.S.
and Chapter 67-37, F.A.C.
E. Local Housing Partnership Section 420. 9072(1) (a), F.S.
The Monroe County SHIP Program encourages active partnerships
between government, lenders, builders and developers, real estate
professionals and advocates for low-income persons.
F. Leveraging: Chapter 67-37.007(l)(b)(c), FA.C. and Section 420. 90 75(l)(a) and (l)(b3, and
(1 )(c), F.S.
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The Plans increase the availability of affordable residential units by
combining local resources and cost saving measures into a local housing
partnership and using public and private funds to reduce the cost of housing.
SHIP funds will be leveraged with or used to supplement other Florida
Housing Finance Corporation programs and to provide local match to obtain
federal housing grants or programs.
G. Public Input: Chapter 67-37.005(3), F.A.C.
Public input was solicited through face to face meetings with housing
providers, social service providers, local lenders and neighborhood
associations. Public input was solicited through the local newspaper I the
advertising of the Local Housing Assistance Plan and the Notice of Funding
Availability .
H. Advertising and Outreach: Chapter 67-37. 005(6) (a), F.A.C.
The county or its administrative representative shall advertise the notice of
funding availability in a newspaper of general circulation and periodicals
serving ethnic and diverse neighborhoods, at least 30 days before the
beginning of the application period. If no funding is available due to a
waiting list, no notice of funding availability is required.
I. Discrimination: Section 420.9075(3)( c), F.S.
In accordance with the provisions of ss.760.20-760.37, it is unlawful to
discriminate on the basis of race, creed, religion, color, age, sex, marital
status, familial status, national origin, or handicap in the award application
process for eligible housing.
J. Support Services and Counseling: Chapter 67-37.005(5)(g),F.A.C.
Support services are available from various sources. Available support
services may include but are not limited to:
Homeownership Counseling (Pre and Post),
Credit Counseling and Tenant Counseling
K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C.
Purchase Price Limits: The sales price or value of new or existing eligible
housing may not exceed 90% of the average area purchase price in the
statistical area in which the eligible housing is located. Such average area
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purchase price may be that calculated for any 12-month period beginning not
earlier than the fourth calendar year prior to the year in which the award
occurs. The sales price of new and existing units, which can be lower but
may not exceed 90% of the median area purchase price established by the
U.S. Treasury Department or as described above.
The methodology used is:
X Independent Study (copy attached)
u.S. Treasury Department
Local HFA Numbers
The purchase price limit for new and existing homes is shown on the Housing
Delivery Goals Charts. New Construction at $540,000 and Existing Homes
at $522,000
L. Income Limits, Rent Limits and Affordability:
Chapter 67-37. 005(5) (e), F.A.C. .and Section 420.907 J (2), F.S.
The Income and Rent Limits used in the SHIP Program are updated annually
from the Department of Housing and Urban Development and distributed by
Florida Housing Finance Corporation. Affordable means that monthly rents
or mortgage payments including taxes and insurance do not exceed 30
percent of that amount which represents the percentage of the median annual
gross income for the households as indicated in Sections 420.9071 (19), (20)
and (28), F.S. However, it is not the intent to limit an individual household's
ability to devote more than 30% of its income for housing, and housing for
which a household devotes more than 30% of its income shall be deemed
affordable if the first institutional mortgage lender is satisfied that the
household can afford mortgage payments in excess of the 30% benchmark
and in the case of rental housing does not exceed those rental limits adjusted
for bedroom size.
M. Welfare Transition Program: Chapter 67-37.005(6)(b)(7)FA.C.
Should an eligible sponsor be used, the city/county has developed a
qualification system and selection criteria for applications for A wards to
eligible sponsors, which includes a description that demonstrates how eligible
sponsors that employed personnel from the Welfare Transition Program and
Workforce Development Initiatives programs will be given preference in the
selection process.
N. Monitoring and First Right of Refusal: Section 420. 90 75(3)(e)and (4) (f), F.s.
In the case of rental housing, the staff or entity that has administrative
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authority for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to
the extent another governmental entity provides the same monitoring and
determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15
years or the term of assistance which ever is longer unless as specified above.
Eligible sponsors that offer rental housing for sale before 15 years or that
have remaining mortgages funded under this program must give a first right
of refusal to eligible nonprofit organizations for purchase at the current
market value for continued occupancy by eligible persons.
o. Administrative Budget: Chapter 67-37.005(6)(/)3, F.A.C..
A detailed listing including line-item budget of proposed Administrative
Expenditures is attached as Exhibit A. These are presented on an annual
basis for each State fiscal year submitted.
Monroe County finds that "the moneys deposited in the local housing
assistance trust fund shall be used to administer and implement the local
housing assistance plan.
A county or an eligible municipality may not exceed the 5 percent limitation
on administrative costs, unless its governing body finds, by resolution, that 5
percent of the local housing distribution plus 5 percent of program income is
insufficient to adequately pay the necessary costs of administering the local
housing assistance plan. The cost of administering the program may not
exceed 1 0 percent of the local housing distribution plus 5 percent of program
income deposited into the trust fund, except that small counties, as defined in
s. 120.52(17), and eligible municipalities receiving a local housing
distribution of up to $350,000 may use up to 10 percent of program income
for administrative costs." Monroe County has adopted the above findings in
the attached resolution, Exhibit E.
P. Essential Service Personnel: Include a definition as required in Chapter
67-37.002(6), F.A.C.
Essential Services Personnel in Monroe County shall mean and include,
without limitation full-time and part-time working persons employed in
Monroe county providing services in the construction and skilled building
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trades, real estate, finance, public and non-profit organization, healthcare,
licensed professions and trades, commercial fishing, hospitality, wholesale
and retail consumer services, transportation, education, security,
entertainment and any similar service otherwise constituting an essential
component of the local economy and community.
Q. Section 420.9075(3)(d) F.S. - priority will be given to those applicants who
demonstrate innovative design, green building principles, storm resistant
construction or other elements that reduce long term costs relating to
maintenance, utilities or insurance, such as but not limited to rehabilitation of
existing homes to greatly reduce the carbon footprint of building new homes;
installation of storm shutters and high impact windows and doors; use of
recycled construction materials; installation of new energy saving rated
appliances; etc.
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II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C.
A. Name of the Strategy: HOUSING REHABILITATION
A. Summary of the Strategy:
Funding assistance for housing rehabilitation.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage loans not to exceed $35,000 for housing rehabilitation and $10,000
for wastewater improvements. Closing and inspection costs in excess of the
maximum award will be a program expense, shall not exceed $350.00 and
will be a grant to the borrower.
E. Terms, Recapture and Default:
Mortgage loans will be a deferred payment loan for a period of twenty (20)
years with zero % interest. The loan will be due and payable in full upon sale
or transfer of the property, twenty-years (20), failure to comply with the terms
of the SHIP mortgage or death of the last surviving homeowner. In the event
of the death of the last surviving homeowner, any income eligible heir
residing in the home may assume the SHIP Loan as long as they can obtain
title to the entire property within one (1) year of the death of the last
surviving homeowner and the first mortgagee consents to the assumption of
their loan.
F. Recipient Selection Criteria:
Applications accepted from public entities, non-profit housing providers and
individual homeowners for housing rehabilitation of existing housing.
Applicants who have been determined to be income eligible for program
assistance, will be placed on a waiting list according to their income
classification, and will receive assistance on a first come, first ready basis,
with priority given to the lowest income applicants. Applicants may submit a
completed SHIP application to the Monroe County Housing Authority at any
time, unless the waiting list is closed or until annual funding is expended.
G. Sponsor Selection Criteria:
N/A
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H. Additional Information:
For the purpose of this strategy, the standard for rehabilitation is defined as
those improvements necessary for the subject unit to meet the u.s.
Department of Housing and Urban Development's Housing Quality
Standards (HQS) with the exception of wastewater improvements. Any
households receiving rehabilitation assistance under this strategy are not
eligible for additional SHIP funding for a period of three (3) years from
closeout of grant/loan.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
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B. Name of the Strategy: HOMEBUYER PURCHASE ASSISTANCE
A. Summary of the Strategy:
Funding assistance for the purchase or construction of a single-family,
residential, owner occupied property, including condominiums and
townhouses.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage loan not to exceed $45,000.00. Inspection costs in excess of the
maximum award will be a program expense, shall not exceed $350.00 and
will be a grant to the borrower.
E. Terms, Recapture and Default:
Mortgage loans will be a deferred payment loan for a period of thirty (30)
years with zero % interest. The loan will be due and payable in full upon
payment in full of the first mortgage, sale or transfer of the property, thirty
years (30), failure to comply with the terms of the SHIP mortgage or death of
the last surviving homeowner. In the event of the death of the last surviving
homeowner, any income eligible heir residing in the home may assume the
SHIP Loan as long as they can obtain title to the entire property within one
(1) year of the death of the last surviving homeowner and the first mortgagee
consents to the assumption of their loan.
F. Recipient Selection Criteria:
Applications for Homebuyer Assistance must include:
1. A contract for purchase of an existing housing unit or one under
construction. An "under construction" housing unit shall be
defined as having a building permit and pilings/foundation
complete and inspected.
2. A lending institution pre-qualification letter for the amount to
be financed which may assume a $45,000 SHIP loan.
3. An affidavit from the Seller in the event this is a unit under
construction, indicating the delivery date of the housing unit
[cannot be more than five months from the date of the SHIP
Notice of Funding Availability (NOFA)].
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In the event there are more applicants than funds available, upon completion
of the initial advertising, lotteries will be utilized to determine the order of
the funding. Applications will be ranked by date and time of receipt. The
day, time and location of the lottery will be made available to the eligible
applicants within one week of the end of the NOF A. An independent 3rd
party will draw numbers to establish the order of ranking. Applicants do not
have to be present at the drawing to participate. Funding will be awarded in
the order drawn, in the event an applicant withdraws his application, the next
person on the list will be funded.
Applicants who fail to submit complete applications, who do not meet SHIP
threshold requirements or cannot close due to financing or any other reason,
may not reapply for SHIP assistance until the following application cycle.
No new applications will be accepted for this strategy until all previously
ranked by lottery applicants have had an opportunity to participate. In the
event additional funding slots become available, the program will re-advertise
the availability of funds and if need be, conduct a new lottery.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
Buyer(s) must contribute a minimum three percent (3%) down payment.
Property must meet minimum health and safety standards as defined under
the U.S Department of Housing and Urban Development's, Housing Quality
Standards (HQS). Any HQS deficiencies must be corrected prior to or as part
of the purchase transaction. In the case of new construction, a Certificate of
Occupancy (CO) may be substituted for the HQS inspection. Mortgage loans
to public entities, which retain ownership of the land under the terms of a
ground lease, shall extend to the improvements.
The dwelling unit purchased must be financed with a federally insured
financial institution. In the event other financing methods are utilized and
approved by the SHIP Administrator, the SHIP Note and Mortgage must be a
first mortgage.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
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I. Shared Appreciation Provision:
All SHIP funds under this strategy are subject to a mortgage that shall contain
recapture provisions which provides for shared appreciation between the
buyer(s) and the Monroe County SHIP Program. The amount due Monroe
County upon sale, refinancing or transfer of the property shall be calculated
by adding the sum of the principal balance of the SHIP loan and 50% of the
appreciated value.
The appreciated value shall be the difference between the original purchase
price and the sales price less any real estate commission, less the value of any
permitted improvements. Housing units constructed utilizing Affordable
Housing Permits which restrict appreciation in the housing unit's value, shall
not be subject to the Shared Appreciation Provision.
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C. Name of the Strategy: IMPACT FEE ASSISTANCE
HOUSING ASSISTANCE STRATEGY FOR THE CITY
OF KEY WEST IMPACT FEE PROVISO (IFP) FUNDING
Funding for this strategy will be based upon repayments of Impact
Fee Proviso Funding loans that were awarded in 2010. This strategy
is not funded by the annual SHIP Distribution.
A. Summary of the Strategy:
Funding assistance for the purchase of residential properties located within
the city limits of the City of Key West, Florida and up to Mile Marker 12,
upon authorization by Florida Housing Finance Corporation including
condominiums and town-homes. Impact Fee Proviso (IFP) funds may not
be used to purchase mobile homes.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories and funding set-asides:
Very low, low and moderate
D. Maximum award:
The IFP Mortgage loan is not to exceed the amount necessary to ensure the
eligible purchaser's principal, interest, real estate taxes and insurance
(PITI) payment does not exceed 33% of their annual household income
and/or an 80% loan to value, whichever is higher. The maximum award
for this strategy is $258,000. The purchase price of the housing unit may
not exceed $400,000. Inspection costs in excess of the maximum award
will be a program expense, shall not exceed $350.00 and will be a grant to
the borrower.
E. Terms, Recapture and Default:
IFP Mortgage loans will be a deferred payment loan for a period of thirty
(30) years with zero % interest. The mortgage shall include standard
provisions for enforcement of the terms and conditions contained in the
mortgage including judicial remedies. The loan will be due and payable in
full upon sale or transfer of the property, thirty (30) years, failure to
comply with the terms of the SHIP mortgage or death of the last surviving
homeowner. In the event of the death of the last surviving homeowner,
any income eligible heir residing in the home may assume the SHIP Loan
as long as they can obtain title to the entire property within one (1) year of
the death of the last surviving homeowner and the first mortgagee consents
to the assumption of their loan.
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F. Eligibility Requirements:
1. Applicants must derive at least 70% of their income from gainful
employment in Key West.
2. Applicants may not own a second home.
3. The dwelling unit purchased must be owner occupied.
4. The dwelling unit purchased must be financed with a federally
insured financial institution. In the event other financing methods are
utilized and approved by the SHIP Administrator, the SHIP Note and
Mortgage must be a first mortgage.
G. Recipient Selection Criteria:
Funding is available for commitment to individual applicants who have valid
contracts for purchase for eligible homes and secured a fixed rate or an
adjustable rate with the first five years fixed first mortgage (no reverse or
interest only mortgages will be considered) on a "first come / first ready
basis" .
In the event there are more applicants than funds available for any income
set-aside, upon completion of the initial advertising, a lottery will be utilized
to determine what order applicants can participate. Applicants who have been
determined to be income eligible for program assistance will be placed on a
lottery waiting list and receive a SHIP Commitment based on their position
on the lottery waiting list. Applicants must execute a contract for a housing
unit and secure a loan commitment within 45 days of receiving their SHIP
Commitment. Short sales are not considered a contract until all parties have
executed the agreement. Applicants must close within 90 days of receiving a
SHIP Commitment. Applicants may submit a completed application to the
Monroe County SHIP Office at any time, unless the waiting list is closed or
until funding is expended.
H. Additional Information:
Buyers must contribute a minimwn of the sales price of the unit as a
down-payment as follows:
Very-low Income
Low Income
Moderate Income
1%
2%
3%
The property must meet minimum health and safety standards as defined
under the U.S Department of Housing and Urban Development's,
Housing Quality Standards (HQS).
- 14 -
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
I. Maximum Sales Price:
The maximum sales price shall be $400,000.00
J. Shared Appreciation Provision:
All funds under this strategy are subject to a mortgage that shall contain
recapture provisions which provides for shared appreciation between the
buyer(s) and the Monroe County SHIP Program's Housing Assistance
Strategy For The City Of Key West Impact Fee Proviso Fundingunless the
unit is regulated by a recorded affordable housing restrictive covenant.
The amount due the Strategy upon sale or transfer of the property shall be
50% of the appreciated value.
The appreciated value shall be the difference between the original
purchase price and the sales prices less any real estate commission and less
the value of any permitted improvements.
K. Program Income:
Repayments from this strategy may only be utilized to purchase properties
within the city limits of the City of Key West and up to Mile Marker 12,
upon authorization by Florida Housing Finance Corporation.
- 15 -
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 2010-2011 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
homebuyer 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:
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 homebuyer 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.
- 16 -
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 of2009.
- 17 -
E. Name of the Strategy: DISASTER MITIGATION
A. Summary of the Strategy:
Funds provided to homeowners and owners of rental properties to make
hurricane related or other disaster repairs for which an emergency or
natural disaster has been declared by executive order and which have an
approved local housing assistance plan to implement a local housing
assistance strategy, consistent with ss. 420.907-420.9079, for repairing and
replacing housing damaged as a result of the emergency or natural disaster.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Loans not to exceed $35,000 per housing or rental unit.
E. Terms, Recapture and Default:
Loans will be a deferred payment loan for a period of ten (10) years with a
zero % interest rate. The loan balance will be forgiven during years six (6)
through ten (10) at the rate of twenty (20) % per year. The loan will be
due and payable in full upon the sale or transfer of the property, failure to
comply with the terms of the SHIP mortgage or death of the last surviving
homeowner. In the event of the death of the last surviving homeowner,
any income eligible heir residing in the home may assume the SHIP Loan
as long as they can obtain title to the entire property within one (1) year of
the death of the last surviving homeowner and the first mortgagee consents
to the assumption of their loan. Local jurisdictions and/or body politics
authorized by Florida Statute are not required to enter into a deferred
payment loan.
F. Recipient Selection Criteria:
Applications processed on a "first come, first ready" basis.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
For the emergency repairs under this strategy, emergency repairs are
defined as those repairs to damages resulting from a disaster that pose an
immediate health and safety hazard to occupant(s).
- 18 -
F.
Name of the Strategy:
RENTAL STRATEGIES
CONSTRUCTIONIREHABILIT A TION
A. Summary of the Strategy:
Funds provided for the construction or rehabilitation of affordable housing
uni ts.
B. Fiscal Years Covered:
2010-2011/2011-2012/2012-2013
C. Income Categories to be served:
Very low, low and moderate (tenants)
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage note up to a maximum of $40,000 per unit average.
E. Terms, Recapture and Default:
Due and payable in full upon sale or transfer of the property or failure to
comply with the terms of the SHIP Rental Monitoring Agreement or Land
Use Restriction Agreement (LURA). SHIP set aside units assisted under this
strategy must maintain rents that do not exceed the rent maximums published
annually by the Florida Housing Finance Corporation. SHIP recipients that
offer rental housing for sale within fifteen years of the SHIP award must give
a right of first refusal to eligible non-profit organizations for purchase at the
current market value for continued occupancy by eligible persons.
FOR PROFIT ENTITIES and NON-PROFIT ENTITIES:
Entities proposing construction/rehabilitation in conjunction with Florida
Housing Finance Corporation (FHFC) funding are eligible for loans secured
by a mortgage up to $40,000 or that amount sufficient to satisfy the FHFC
local contribution portion of the FHFC program, whichever is less. The for-
profit loan is at an interest rate of 3 % with a minimum term of fifteen (15)
years with principal and interest due upon maturity. The non-profit loan is at
an interest rate of 0% with a minimum term of fifteen (15) years and principal
balance forgiven at maturity.
Entities proposing construction/rehabilitation are eligible for mortgages not to
exceed an average of$40,000 per unit. Should all funds not be expended to a
specified unit, these funds may be transferred for the completion of another
unit being rehabilitated. A modified award letter will be required. Loan
amount will be based on number of units times the allotted amount per unit.
This loan is at an interest rate of 3% with a minimum term of fifteen (15)
years for for-profit entities with the principal and interest due upon maturity.
- 19 -
Non-profit entities are eligible for mortgages at an interest rate of 0% with a
minimum term of fifteen (15) years and principal balance forgiven at
maturity. Loans may be extended in conjunction with an extension of the
SHIP Rental Monitoring Agreement. (see h. Additional Information)
F. Recipient Selection Criteria:
Priority shall be given to applicants in the following order until all
available funding is committed/expended.
Priority # 1 Applications proposing the creation of the new rental units by
construction or rehabilitation, ranked in the following order:
1 a. Proposing the longest period of affordability
1 b. Units serving very low-income tenants
Ic. Units serving substantially (%) very low-income tenants
Id. Serving low-income tenants
Ie. Serving substantially (%) low-income tenants
If. Serving moderate-income tenants
The tiebreaker within Priority # 1 shall be the lowest SHIP per unit cost.
Priority #2 Applications proposing the rehabilitation of existing affordable
rental units, ranked in the following order:
2a. Proposing the longest period of affordability
2b. Serving very low-income tenants
2c. Serving substantially (%) very low-income tenants
2d. Serving low-income tenants
2e. Serving substantially (%) low-income tenants
2f. Serving moderate-income tenants
The tiebreaker within Priority #2 shall be the lowest SHIP per unit cost.
G. Sponsor Selection Criteria:
N/A
H. Additional Information:
All entities funded under this strategy will be required to execute a SHIP
Rental Monitoring Agreement and Land Use Restriction Agreement (LURA)
for a minimum term of fifteen (15) years.
In the case of rental housing, the staff or entity that has administrative
- 20 -
authority for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to
the extent another governmental entity provides the same monitoring and
determination, a municipality, county or local housing financing authority
may rely on such monitoring and determination of tenant eligibility.
However, any loan or grant in the original amount of$3,000 or less shall not
be subject to these annual monitoring and determination of tenant eligibility
requirements. Tenant eligibility will be monitored for at least annually for 15
years or the term of assistance which ever is longer unless as specified above.
Governmental entities shall not be required to execute a note and mortgage
for this strategy.
Priority will be given to those applicants demonstrating innovative design,
green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance.
- 21 -
III. LHAP INCENTIVE STRATEGIES F.S.Sec.420.9071(16)
A. Name of Strategy: Expedited Permitting
Permits as defined in Sec. 163.3167(7) and (8) for affordable housing projects are
expedited to a greater degree than other projects.
Established policy and procedures:
The Monroe County Comprehensive Plan and the Land Development Regulations
established a set aside of 30% of all building permits issued for affordable
housing. This includes the unused allotment of permits for affordable housing set
aside units to be rolled over and accumulated each year without going through
the ROGO (Rate of Growth Ordinance) process. Monroe County has assigned
Planning Department staff to facilitate affordable housing applications. Affordable
permits jump to the head of the line (first priority) in all stages of the planning
review and permitting process. Adopted - Ordinance No. 024-2009.
B. Name of Strategy: Modification of Impact Fee Requirements
Established policy and procedures: The County shall continue to waive impact
fees for all affordable housing. The Building Department and Planning
Departments are responsible for implementation. (Comprehensive Plan Policy
601.1.12; LDC Chapter 126).
C. Name of Strategy: Flexibility in Densities for Affordable Housing
Established policy and procedures:
1) Monroe County has increased density for affordable housing on land
zoned SC (up to 18 units per acre versus 6), MU 9 (up to 18 units per acre
versus 12) and UR (up to 25 units per acre versus 12). [Comprehensive
Plan Policy 101.4.21; LDC Sec. 130-161(a)(I)].
2) The County shall continue to allow the construction of affordable housing
units on commercial sites without deducting from the commercial floor
area allowed or residential density allowed. [LDC Sec. 130-161(a) (5)]
D. Name of Strategy: Reduction of parking and setback requirements for
affordable housing
Established policy and procedure: Currently, variances are available where the
requisite criteria can be met. The Planning Department is responsible for this on a
case by case basis.
- 22 -
E. Name of Strategy: Allowance of Flexible Lot Configurations
Established policy and procedure: Monroe County allows flexible lot
configurations to the extent setback and buffers are met. Within a development,
zero lot line configurations are allowed. Variances are available where the
requisite criteria can be met. The Planning Department is responsible for this on a
case by case basis.
F . Name of Strategy: Modification of Street Requirements
Established policy and procedure: Monroe County allows internal street
configurations that meet life-safety criteria. The Planning Department is
responsible for this on a case by case basis.
G . Name of Strategy: Cost of Housing
Establishment of a process by which a local government considers before
adoption, policies, procedures, ordinances, regulations, or plan provisions that
have a significant impact on the cost of housing.
Established policy and procedures:
1) All County resolutions and ordinances contain a cost analysis section
specific to affordable housing, the county has waived impact fees for
affordable housing and building permit fees for the very low and low
income homeowner participating in local, state or federally supported
affordable housing programs. As an Area of Critical State Concern, the
County's policies, procedures, ordinances and regulations are subject to
the approval of the Florida Department of Community Affairs which is
concerned and monitors the cost of affordable housing. Adopted -
Ordinance 024-2009.
2) The county waives planning application fees for all affordable housing,
and waives building permit applications for charitable organizations and
those affordable housing projects receiving financial aid from or leasing
property from Monroe County, and others as approved by the Board of
County Commissioners. (LDC Sec. 6-1 08( d) (2) and Sec. 6-1 08( e)) The
Planning Department and Building Department are responsible for the
administration of the respective fee waivers.
- 23 -
H. Name of Strategy: Provide an Inventory of County Owned Property Suitable
for Affordable Housing
Established policy and procedures: Pursuant to Florida Section Sec. 125.379, the
County has prepared and will continue to provide an inventory of possible sites
suitable for affordable housing. (Comprehensive Plan Policy 601.1.6) The Clerk
of Court has the list of properties approved by the Board of County
Commissioners in Resolution 299-2007.
I. Name of Strategy: Support development near transportation hubs and major
employment centers and mixed use developments
Established policy and procedures: The County has a purchase and lease-back
program for affordable housing. The properties leased for affordable housing
development comply with this requirement.
J. Name of Strategy: Inclusionary Housing
Established policy and procedure: Where development or re-development exceeds
three units, Thirty Per Cent (30%) of units must be deed restricted as affordable
housing for ninety-nine years. (LDC Sec. 130-161 (b) The Planning Department is
responsible for the evaluation of development requirements.
- 24 -
IV. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A.
B. Timeline for Encumbrance and Expenditure: Chapter 67-37. 005(6) (d) and (f) F.A.C.
A separate timeline for each fiscal year covered in this plan is attached as Exhibit B.
Program funds will be encumbered by June 30 one year following the end of the
applicable state fiscal year. Program funds will be fully expended within 24 months
of the end of the applicable State fiscal year.
C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year
Covered in the Plan: Chapter 67-37.005), F.A.C.
Completed HDGC for each fiscal year is attached as Exhibit C.
D. Certification Page: Chapter 67-37.005(7), F.A.C.
Signed Certification is attached as Exhibit D.
E. Adopting Resolution: Section 420. 90 72(2) (b) 2, F.S.
Signed, dated, witnessed or attested adopting resolution is attached as Exhibit E.
F. Program Information Sheet:
Completed program information sheet is attached as Exhibit F.
G. Ordinance: Section 420. 9072(3) (a), F.S.
N/A
H. Interlocal Agreement: Section 420.9072, F.S.
N/A
I. Independent Study:
A copy of the Independent Study is attached as EXHIBIT I.
- 25 -
Exhibit A
MONROE COUNTY, FLORIDA
ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
2010-2011
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
2011-2012
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
2012-2013
$ 58,500.00
$ 13,500.00
$ 1,000.00
$ 2,000.00
$
$ 75,000.00
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
Fiscal Year
Salaries and Benefits
Office Supplies and Equipment
Travel Perdiem Workshops, etc
Advertising
Based on a distribution of $750,000 per annum
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