Item O1BOARD OF COUNTY COMMISSIONERS JUN 2 3 2015
AGENDA ITEM SUMMARY MONROE COUN'ry ATrORNEY
Meeting Date: July 15, 2015 Division: Monroe County Housing Authority
Bulk Iterm Yes x No
— /� I / Department: MC SHIP PROGRAM
Staff Contact Person/Phone #I- J. 1+9 Castillo, Sr,, Executive Director 305-296-5621
ALYLINVA ITEM WORDING:
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA APPROVING A REVISION TO THE MONROE COUNTY STATE,
HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) LOCAL HOUSING
ASSISTANCE PLAN (CHAP), HOMEBUYER ASSISTANCE STRATEGY, TO EXTEND THE
DATE ALLOWING FOR ASSUMPTIONS OF EXISTING SHIP HOMEOWNERSHIP
MORTGAGES; AND PROVIDING FOR AN EFFECTIVE DATE,
ITEM BACKGROUND:
Extension of the Flomebuyer Assistance Assumption clause which expires June 30,2015 to allow for future SHTP mortgage
loan Assumptions to enhance Lux current Sillp viougage pornatio,
PREVIOUS RELEVANT BOCC ACTION:
Resolution 234-2011 requesting revision and approval of the Homebuyer Assistance Strategy to
include loan assumptions.
Resolution 128-2013 BOCC approval of the MC LHAP 2014-2015-2016.
CONTRACT/AGREESIENT CHANGES:
n/a
STAFF RECOMIOENDATION—S:
Approval.
TOTAL COST: CIA INDIRECT COST: BUDGETED: Yes No x
DIFFERENTIAL OF LOCAL PREFERENC&
COST TO COUNTY: N/A SOURCE OF FUNDS. MC SHIP PROGRAM
REVENUE PRODUCING: Yes — No te AMOUNT PER MONTIF Year
APPROVED BY: County Art BfPurchasing -C8 Risk Management
DOCUMENTATION: Incl/ OMX - Not Required_
DISPOSITION:
AGENDA ITEM #_
RESOLUTION NO. -, 20vi
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA APPROVING A REVISION TO THE
MONROE COUNTY STATE HOUSING INITIATIVE PARTNERSHIP
PROGRAM (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAF),
HOMEBUYER ASSISTANCE STRATEGY, TO EXTEND THE DATE
ALLOWING FOR ASSUMPTIONS OF EXISTING SHIP
HOMEOWNERSHIP MORTGAGES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable
Houshig Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of
documentary stamp taxes on deeds to local government par the development and
maintenance of affordable housing; mid
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 one to three-year local Housing
Assistance Plan outhning how funds will be used; and
WHEREAS, the Monroe County Board of County Commissioners approved the
Monroe County 2014-2015-2016 three year Local Housing Assistance Plan (LHAP)
by Resolution 128-2013 on April 17, 2013; and
WHEREAS, the date to permit the assumption of existing Homebuyer Assistance
Strategy Loans will expire on June 30, 2015; and
WHEREAS, the initial criteria to create the SHIP HOMEOWNERSHIP LOAN
ASSUMPTION revision has proven effective; and
WHEREAS, lending institutions are willing to finance the purchase of these
housing units if the SHIP Loans are assumable-, and
WHEREAS, the Monroe County Housing Authority, Administrator of the
Monroe County SHIP Program, is recommending the date to allow the assumption of
existing SHIP Homeownership Loans be extended to June 30, 2017, attached as
Exhibit A-2015 in order to enhance the marketability of these homes, retain these
homes in the affordable housing pool and protect the integrity of the existing
$8,741,776 SHIP loan portfolio.
NOW, THEREFORE, BE IT RE SOLVED, by the Board of County
Commissioners of Munroe County Florida, that the County Iteraby:
Approves the anjendinent to the ftlonroe Coumy, State Housing ininatives Partnership
W-11P) Progrunt. 2013-2014, 2014-2015, 2015-2016 Local Housing Assistance Plon
(LHAP), HopnebuyerAssistance Strutogy, attached hereto as "Exhibit A-2015 - if)
extend the date ofassuming SHIP Homeownership Loans to June 30, 2017,
PASSED AND ADOPTED by the board of County Commissioners of Monroe
County, Florida at as regular meeting of said Board on the 15'h day of July, 2015
Mayor Danny Kolhage
Mayor Pro Tern Heather Carruthers
Cornulissioner George Neugent
Commissioner David Rice
Commissioner Sylvia Murphy
ATTEST NION'ROFCOUNIYCLEPK BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNI Y, FLORIDA
BY, BY
Devuly Cltrk A' ' I 'Iyar Danny Kelfiage
Approiedast lcgAsufficmncy
Date
EXHIBIT A-2015
HOMEBUYER PURC13ASE ASSISTANCE REVISION
B: Name of the Strategy. HO]MEBUYER 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:
2013-2014/2014-20151` 01 5-2016
C. Income Categories to be served:
Very low, low and moderate
D. Maximum award is noted on the Housing Delivery Goals Charts:
Mortgage to not to exceed $45,000,000 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.
Eb Terms, Recapture, Default and Assumption:
Mortgage loans will be a deferred payment loan for a period of thirty (30) years
with 0 % interest, The loan will be due and payable in full upon payment in full
of tile first mortgage, sale or transfer of the property, after 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.
Individual SHIP Homebuyer Mortgage Loans may be assumable in order to
enhance the owner occupied property's marketability when the current appraised
value is equal to or less than the original purchase price and must be
recommended by the SHIP Program Coordinator and approved by the SHIP
Program Administrator. This assumption provision shall expire on June 30, 2017.
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" bousing unit shall be defined as
having a building permit and pilings/foundation complete and inspected-
11I. A lending institution pre -qualification letter for the amount to be financed
which may assume a $45,000 SHIP loan.
HL Ail 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 frorn the date of the SHIP Notice of Funding Availability
(NOrA)],
In the event there are more applicants than funds available, upon completion of
the initial advertising, lotteries orill be utilized to determine the older of the
funding The day, time and location of the lottery will be made available to the
eliIribIc applicants within one week of the end of tire NOFA, An independent
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 near person on the
list will be funded.
Applicants who but to submit complete applications, who do not meet SHIP
threshold reouirements 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 ramCed
by lottery applicants have had an opportunity to participate, In the event
additional funding alms become available, the program will re -advertise the
availability of funds and ifneed be, conduct a new lottery.
Q Sponsor Selection Criterhu
NIA
11, Additional Information-
Buyer(s) must contribute a minitnurn three percent I'M down payment. Property
must meet minimum health and safety standards as defined under the US
Department of Housing and Urban Dcvclopment's, Housing Quality Standards
(HQS), Any Id 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 If inspection, Mortgage loans to public
entities, which retain of of the land under the terms of a gound 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 mrd I'vlortgage must be a first mortgage,
1. 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 buyeds)
and the Monroe County SHIP Program, The amount due Monroe County upon
sale, refinancing or transfer of the property shall be calculated by adding tire 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 vatuie 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.
MONROE COUNTY HOUSING AUTHORITY
1400 KENNEDY DRIVE, - KEY WEST, FLORIDA 33040
305 296-5621-TTY/Florichr Relay Senice (FRS) 1-800-955-8771
Board of Commissioners
Ham, Bethel
Aaron Cerullo
Carey Goodman
Ailton Lopez
Richard Foppmo
1, Nienuel Casimir, Sr
]-'�rntlwv Dir:cmr
Reference: Monroe County SHIP Program
Assumption of existing SHIP Homeownership Loans
Mayor & Commission rs:
I will be in Key West on July 15. 2015 and will attend the BOCK" Meeting in tire event that the
attached proposed resolution is not passed in bulk,
In late 2010 and early 2011 two distinct events occurred which prompted Resolution 234-2011
which approved the assumption of existing SHIP homeownership mortgage to income eligible
purchasers. The resolution was proposed because of the absence of liquidity in the market place
which was prohibiting S141P assisted owners I'larntming able to sell their homes.
May of the homes were under water, financial institutions had changed their underwriting
requirements and in panticular, the amount of down payment required. Over 1/3 of the S141P
portfolio ($8,000,000+) was under attack due to the housing crises we all experienced.
The downturn in car economy resulted in unemployrncru, reduction in hours and SHIP recipients
were unable to or using credit cards to make their mortgage payments. There were also a
number of hardships that occurred from 2007 to 2011. Two bedroom homes were now being
occupied by a husband, wife and two to three children. Husbands were being transferred fa-orn
Key West to Islamorada or from Key Largo to Key West resulting in onerous commutes,
The approval of Resolution 234-2UI I in August immediately took the pressure off of families
and gave them the opportunity to address the values/liquidity problems and/or hardships.
Resolution 129-2013 requesting the approval of the new 2014-2015-2016 Mills LHAP extended
the assumption provision to June 30, 2015. The problems that were experienced in 2010 and
early 2011 were still lingering at the time of the LHAP's approval and we felt it appropriate to
continue allowing assumptions of SHIP Homeownership mortgages.
Today the liquidity and hardship issues are behind us. Interestingly enough the assumption
provision which allows income eligible purchasers to assume these exiting loans is keeping these
E
SHIP assisted homes in the affordable pool of homeownership housing. The program has not
had a loan payoff for a SHIP Homeownership transaction shoe 2006,
Therefore, we recommend approval of the attached resolution, Ifanyone should have any
Questions or need additional information, please contact tne at 305-292-6143 or via cell at 305-
797-21331
Si
..anupl Castillo, Sr.
Executi�e Director
- 7.F.A.C.
a ! ■
■ • ! 411
.i
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing
Chapter ■ of Florida pssions■ ■ r -
IN
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-ymn-djKii§FajI
will be • and
- _
■ •
requiresWHEREAS, the SHIP Act requires local governments to establish the maximum SHIP
funds allowable for each strategy; and
WHEREAS, the SHIP Act finther
local governments
■ establish an average
Localarea 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
AssistancePlan; i.,'..
programWHEREAS, as required by section 420.90 75, E & It is found that 5 percent of the local
housing distribution plus 5 percent of
insufficient to adequately pay the
costsnecessary of administering■ housing assistance plan. The cost of administering the
localprogram may not exceed 10 percent of the
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 $3 50,000 may use up to 10 percent
of program income for administrative costs.
WHEREAS, the Monroe County Housing Authority has prepared a thrce-year Local
Housing Assistance Plan for submission
LHAP Exhibit E 2013
67-37.005 (1) F.A.C.
M*Q i I- I logo. a I
100111 IN,
Section 1: The Monroe County Board of County Conunissioners hereby approves the Local
Housing Assistance Plan, as attached and incorporated hereto for submission to
the Florida Housing Finance Corporation as required by ss. 420.907420-9079,
Florida Statutes, for fiscal years 2013-20W2014-2015/2015-2016.
Section 2: 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.
Section 3: Monroe county, a small county, as defined in s. 120.52(17) is an eble
municipality receiving a local housing distribution of up to $350,000, elects tof
utilize 10% of the local housing distribution plus 10% of program income
deposited into the bust fund for administrative costs.
Section 4: This resolution shall take effect immediately upon its adoptiol
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida at a regular meeting of said Board on the 17 TH day of April, 2013,
4ft
C)
Mayor George'Neugent :4C-.
Mayor Pro Tem Heather Carruthers
Commissioner Danny Kolbage _Xw
Commissioner David Rice —yea— S2
Commissioner Sylvia Murphy Yes
SEAL:
AMY HEAVILUN, Clerk
ATTEST: Monroe County Clerk
M 1Q-0
MEW110
BY
BY:
Deputy Clirk Mayor George Nugent
I
A
X
I I P
WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housidr-1
Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stam
taxes on deeds to local government for the development and maintenance of affordable
housing; and
I WIEUT M-y@ 1111111F W.
outlining how funds will be used; and
141UREAS, the Monroe County Board of County Commissioners approved the Monro+
County three year Local Housing Assistance Plan (LHAP) by Resolution 118-2010 on
4/21/2010; and
Ulkw, -*Vej3laj I' I'll- " I' I I
and they have little or no equity in their homes; and
WHEREAS, the SHIP mortgage loan portfolio as of June 30, 2011 totals $9,066,297 and
approximately 80 of these homes totaling $3.600,000 in SHIP loans are estimated to be not
marketable at this time; and
10MMMIM4315 =110 I
NOW, THEREFORE, BE IT RESOLVED, by the Board of County Commissioners
Monroe County Florida, that the County hereby: I
WTI
"Exhibit A-2011
.... Individual SHIP Homebuyer Mortgage Loans may be assumable in order to
enhance the owner occupied property's marketability when the current appraised
value is equal to or less than the original purchase price plus the balance of the
SHIP loan on a case by case basis and must be recommended by the SHIP
Program Coordinator and approved by the SHIP Program Administrator. This
assumption provision shall expire on June 30, 2013.
wilmomm
Approved as to legal sufficiency:
16vim:
BOARD OF COUNTY COMMISSIONFRS OF
MONROECOUNTY
BY:
Mayor Hea
cat�
MONROE COUNTY SHIP PROGRAM
2010-2011, 2011-2012 AND 2012-2013 LHAP
EXHIBIT A-2011
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.
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, Default and Assumption;
Mortgage loans wflI be a deferred payment loan for a period of thirty (30) years
with zero % interest, The loan will be due and payable in fall 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 eble 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.
Individual SHIP Homebuyer Mortgage Loans may be assumable in order to
enhance the Owner occupied property's marketability when the current appraised
value is equal to or less than the original purchase price plus the balance of the
SHIP loan on a case by case basis and must be recommended by the SHIP
Program Coordinator and approved by the SHIP Program Administrator. This
assumption provision shall expire on June 30, 2013,
F. Recipient Selection Criteria:
Applications for Homebuyer Assistance must include:
V. 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 pngs/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.
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
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 locati I b 4-
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else
iTO U R W. W IT, M rol
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 thG
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.
Priority will be given to those applicants demonstrating innovative design, green
term costs relating to maintenance, utilities or insurance.
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.
ousing unt s va ue, s a no e su
Shared Appreciation Provision.