COMMUNITY DEVELOPMENT BLOCK GRANTvcportal.ventura.org/CEO/community-dev/docs/HOME... · Web...

2014-15 HOME Funding ApplicationHOME Investment Partnerships Program

County of VenturaHOME PJ – Participating Jurisdiction

County of VenturaCommunity Development

CEO Office #L1940800 South Victoria Avenue

Ventura, CA 93009(805) 654-2876

http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Grants

DEADLINE FOR SUBMISSION: December 13, 2013 by 4:00 p.m.

2014-15 HOME Funding Application HOME Investment Partnerships Program

Table of Contents

PART I - HOME INVESTMENT PARTNERSHIPS PROGRAM - OVERVIEWA. INTRODUCTION…………………………………………………………………………………. 6

B. ELIGIBLE APPLICANTS…………………………………………………………….…………...7

C. ELIGIBLE BENEFICIARIES OF HOME FUNDS………………………………………………7

D. ELIGIBLE USES OF HOME FUNDS……………………………………………………………7

E. CHDO’S – COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONS………………..7

F. JURISDICTION SUPPORT AND PARTICIPATION…………………………………………..8

G. GOVERNING BOARD RESOLUTION………………………………………………………….8

H. HOME PROGRAM REQUIREMENTS………………………………………………………….8

I. NEW 2013 HOME PROGRAM FINAL RULE…………………………………………………. 9

PART II – HOME APPLICATION INSTRUCTIONSA. GENERAL APPLICATION GUIDELINES …………………………………………………….. 10

B. IMPORTANT DATES…………………………………………………………….……………….10

C. APPLICATION EVALUATION CRITERIA……………………………………………………...11

D. COUNTY CONTACT INFORMATION…………………………………………………………. 12

PART III – HOME FUNDING APPLICATIONA. PROJECT SUMMARY…………………………………………………….…………………….. 13

1. PROJECT SUMMARY…………………………………………………………….…………….. 13

B. APPLICANT INFORMATION…………………………………………………….…………….. 13

1. CONTACT INFORMATION………………………………………………………………….…… 13

2. ORGANIZATION STRUCTURE AND DOCUMENTATION………………………………………….14

3. FEDERAL GRANT EXPERIENCE……………………………………………………………….. 14

4. MANAGEMENT AND STAFF EXPERIENCE…………………………………………………….. 14

5. FISCAL YEAR AND AUDIT REPORTS…………………………………………………………...15

6. FINANCIAL MANAGEMENT……………………………………………………………………...15

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7. CONFLICT OF INTEREST………………………………………………………………………..15

C. PROJECT INFORMATION…………………………………………………….……………..... 16

1. PROJECT TEAM……………………………………………………………………………….. 16

2. ELIGIBLE ACTIVITIES………………………………………………………………………….. 17

3. ELIGIBLE COSTS………………………………………………………………………………. 18

4. INELIGIBLE ACTIVITIES………………………………………………………………………… 19

5. HOME FUNDS AND PUBLIC HOUSING………………………………………………………...19

6. CHARGING COSTS TO BENEFICIARIES……………………………………………………… ..20

7. DETAILED PROJECT DESCRIPTION…………………………………………………………… 20

8. PROJECT SITE PLANS…………….……………………………………………………………21

9. DENSITY BONUS INFORMATION…..……………………………………………………………21

10. MARKET STUDY…………………...……………………………………………………………21

11. PROJECT IMPLEMENTATION SCHEDULE……………………………………………………….21

12. SIGNAGE AND ADVERTISEMENTS...……………………………………………………………22

D. CITIZEN PARTICIPATION AND COMMUNITY INVOLVEMENT……………………………22

1. CITIZEN PARTICIPATION………………………………………………………………………..22

2. COMMUNITY NEEDS…………………………………………………………………………… 23

3. OBJECTIVES AND OUTCOMES………………………………………………………………… 23

E. PROJECT REQUIREMENTS – GENERAL…………………………………………………… 23

1. PROJECT LOCATION………………………………………………………………………….. 23

2. LOCAL JURISDICTION SUPPORT……………………………………………………………… 24

3. ENTITLEMENT AREA BENEFICIARIES…………………………………………………………. 24

4. PERIOD OF LONG TERM AFFORDABILITY COMPLIANCE………………………………………24

5. REPAYMENT OF FUNDS..……………………………………………………………………… 25

6. PROPERTY STANDARDS…….………………………………………………………………… 26

7. OCCUPANCY STANDARDS……………………………………………………………………..26

8. AFFIRMATIVE MARKETING……………………………………………………………………. 27

9. BENEFICIARY ELIGIBILITY…………………………………………………………………….. 28

10. RELOCATION REQUIREMENTS………………………………………………………………… 30

11. ETHNICITY/RACE……………………………………………………………………………… 30

F. PROJECT BUDGET…………………………………………………….……………………….. 31

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1. LEVERAGING FUNDING SOURCES…………………………………………………………… 31

2. THE FORM OF HOME SUBSIDY REQUESTED……………………………………………….. 32

3. HOME 25% MATCH CONTRIBUTION………………………………………………………… 32

4. PRE-CONSTRUCTION COSTS…………………………………………………………………. 32

5. CONSTRUCTION COSTS/PERMANENT FINANCING…………………………………………… 33

G. SECTION 3 COMPLIANCE…………………………………………………….………………..33

H. LABOR and DAVIS BACON COMPLIANCE….…………………………………….…………34

1. GENERAL LABOR COMPLIANCE....…………………………………………………………….35

2. VOLUNTEERS – LABOR COMPLIANCE …..…………………………………………………….35

3. SWEAT EQUITY – LABOR COMPLIANCE……………………………………………………….35

4. CERTIFICATION OF LABOR COMPLIANCE REQUIREMENTS..………………………………….36

PART IV – HOME PROGRAM SELECTION………………...…………………………………………37

A. HOMEBUYER ACTIVITY – SECTION ONLY…………….……………………………………38


2. HOMEOWNER REQUIREMENTS……………………………………………………………….. 38

3. HOMEOWNER SCREENING……………………………………………………………………..38

4. HOMEBUYER COUNSELING…………………………………………………………………….38

5. PURCHASE PRICE LIMITS………………………………………………………………………38

6. PROPERTY STANDARDS AND REQUIREMENTS………………………………………………..39

7. CONVERSION OF UNSOLD HOMEOWNERSHIP UNITS TO RENTAL HOUSING…………………41

8. AFFORDABILITY PERIOD FOR HOMEBUYER PROGRAM……………………………………… 42

9. TYPES OF RESALE OR RECAPTURE RESTRICTIONS………………………………………… 42

10. HOME 25% MATCH CONTRIBUTION AND MATCH CREDIT FOR HOMEBUYER PROJECTS..….43

11. MAXIMUM PER UNIT SUBSIDY LIMITS………………………………………………………….43

12. SUBSIDY LAYERING TEST AND UNDERWRITING REQUIREMENTS……………………………44

B. TBRA ACTIVITY (TENANT BASED RENTAL ASSISTANCE) – SECTION ONLY………..45

1. ELIGIBLE USES………………………………………………………………………………… 45

2. INELIGIBLE USES……………………………………………………………………………….45

3. ELIGIBLE TENANTS……………………………………………………………………………. 45

4. SPECIAL NEEDS POPULATIONS……………………………………………………………….45

5. CLIENT SCREENING……………………………………………………………………………46

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6. PROPERTY STANDARDS AND ELIGIBLE UNITS………………………………………………..46

7. AMOUNT OF SUBSIDY…………………………………………………………………………. 47

8. LEASE REQUIREMENTS……………………………………………………………………….. 47

9. RECERTIFICATION……………………………………….……………………………………. 47

10. PORTABILITY………………………………………………………………………………….. 48

11. AFFIRMATIVE MARKETING FOR TBRA……………………………………………………….. 48

12. HOME 25% MATCH CONTRIBUTION………………………………………….………………48

C. HOMEOWNER REHABILITATION ACTIVITY – SECTION ONLY……………..…………. 49


2. ELIGIBLE COSTS………………………………………………………………………………. 49

3. HOMEOWNER REQUIREMENTS……………………………………………………………….. 49

4. PROPERTY REQUIREMENTS………………………………………………………………….. 50

5. AFFORDABILITY………………………………………………………………………………... 50

6. HOME 25% MATCH CONTRIBUTION……………………………………………………….…50

D. RENTAL HOUSING ACTIVITY – SECTION ONLY…………………………………….…… 51


2. SECTION 504 OF THE REHAB ACT OF 1973…………………………………………………..51

3. AFFORDABILITY PERIOD FOR RENTAL HOUSING……………………………………………..52

4. OCCUPANCY REQUIREMENTS………………………………………………………………… 52

5. SPECIAL NEEDS POPULATIONS………………………………………………………………..53

6. INITIAL OCCUPANCY OF VACANT UNITS………………………………………………….……53

7. HIGH AND LOW RENT REQUIREMENTS………………………………………………………. 54

8. UTILITY ALLOWANCES…………………………………………………………………………55

9. THE PROJECT RULE...…………………………………………………………………………55

10. SINGLE ROOM OCCUPANCY (SRO) UNIT RENTS…………………………………………….56

11. HOME AND TAX CREDITS……………………………………………………………………. 57

12. HOME 25% MATCH CONTRIBUTION………………………………………………………….57

13. PROPERTY STANDARDS AND REQUIREMENTS………………………………………………..57

14. LONG TERM INCOME AND RENT COMPLIANCE……………………………………………….59

15. DESCRIPTION OF HOME DESIGNATED UNITS FOR THIS PROJECT………………………….60

16. MAXIMUM PER UNIT SUBSIDY LIMITS………………………………………………………….60

17. CALCULATIONS FOR NUMBER OF HOME DESIGNATED COMPARABLE UNITS………………61

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18. CALCULATIONS FOR MAXIMUM HOME INVESTMENT FOR NOT COMPARABLE UNITS………62

19. LEASE REQUIREMENTS…………………………………………………………………….…..63

20. SUBSIDY LAYERING TEST AND UNDERWRITING REQUIREMENTS ……………………………63

Part V – PRELIMINARY ENVIRONMENTAL REVIEW……………………………………………… 65

A. Project Information………………………………………………………………………. 66

B. Historic Preservation…………………………………………………………………….. 66

C. Local Land Use Review…………………………………………………………………. 67

D. Environmental Compliance Checklist………………………………………………… 67

E. Additional Questions for Rehabilitation of Existing Structures…………………….. 68

PART VI – APPLICATION CERTIFICATIONSA. HOME APPLICATION CHECKLIST…………………………………………………………….

69

B. AGENCY CERTIFICATION…………………………………………………………….………..71

PART VII – ATTACHMENTS…………………………………………………………………..…. 72A. ATTACHMENT A: HOME INCOME AND RENT LIMITS

B. ATTACHMENT B: FEDERAL REQUIREMENTS 24 CFR PART 5, SUBPART A

C. ATTACHMENT C: HOME APPLICATION SCORE SHEET

D. ATTACHMENT D: HOME MARKET STUDY REQUIREMENTS

E. ATTACHMENT E: RENT AND OCCUPANCY REQUIREMENTS

F. ATTACHMENT F: HOME MAXIMUM PER-UNIT SUBSIDY LIMITS

G. ATTACHMENT G: NOTICE CPD-00-09 SECTION 504

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PART I - HOME INVESTMENT PARTNERSHIPS PROGRAM OVERVIEW

A. INTRODUCTIONHOME Investment Partnerships Program (HOME) is authorized under the HOME Investment Partnerships Act - Title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12701 et seq.). Program regulations may be found at 24 CFR Part 92. The HOME program final rule is available electronically and additional information about the HOME program can be found by visiting the HOME program web pages. For complete information on the HOME Program and its requirements go to:http://www.hud.gov/offices/cpd/affordablehousing/programs/home/index.cfm

The HOME program provides federal funds for the development and rehabilitation of affordable rental and ownership housing for low and moderate income households. The program gives local governments the flexibility to fund a wide range of affordable housing activities through housing partnerships with private industry and non‐profit organizations. The intent of the HOME program is to:

• Provide decent, affordable housing to lower-income households;• Expand the capacity of nonprofit housing providers;• Strengthen the ability of state and local governments to provide housing; and• Leverage private-sector participation.

Each year, the Urban County Entitlement Area receives an allocation of funds for the HOME which is funded and regulated at the federal level by the U.S. Department of Housing and Urban Development (HUD). The amount of funds received depends on the appropriations set aside each year by Congress in the Federal budget and the number and demographics of the other participating jurisdictions throughout the country. Applications for the County of Ventura HOME Program funding must benefit residents of one, some or all of the following Urban County Entitlement Area Communities: the cities of Fillmore, Moorpark, Ojai, Port Hueneme, Santa Paula, and the unincorporated area of the County of Ventura. Applications benefitting residents outside of these areas may reflect in lower scores. The County of Ventura’s Entitlement Area anticipates that funding for program year 2014-15 will be approximately $400,000 in HOME funds. The total approximate total of HOME funds for this application is $570,000 which includes $170,000 of from prior year awards.

The HOME program is a complex federally funded grant program that has a variety of requirements that must be taken into consideration when applying for funding. The application requires a large amount of detailed information on the proposed project. To be considered for HOME grant funding, agencies must adhere to all application requirements, submit a complete application and demonstrate HOME eligibility and the capacity to meet all HOME required obligations. Projects must be far enough along so that a Developer/Project Owner can submit a market analysis that demonstrates need, have secured or demonstrated the ability to secure all funding sources, have the project successfully underwritten and demonstrate construction will begin within 12 months of signing the HOME agreement. If you are applying for more than one project/program, please enclose a separate application for each.

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http://www.hud.gov/offices/cpd/affordablehousing/programs/home/index.cfm

http://www.hud.gov/utilities/intercept.cfm?/offices/cpd/affordablehousing/lawsandregs/regs/finalrule.pdf

http://www.hud.gov/offices/cpd/affordablehousing/lawsandregs/laws/

B. ELIGIBLE APPLICANTSCities within the HOME entitlement area (Fillmore, Moorpark, Ojai, Port Hueneme, and Santa Paula); current county-certified nonprofit Community Housing Development Organizations (CHDOs); other non-profit developers, housing authorities, limited partnerships, and for-profit developers proposing HOME-eligible activities are eligible and encouraged to submit applications for the HOME Investment Partnerships Program grant funding. Individual persons are not eligible to apply for HOME funding; however, individuals may be eligible for assistance from programs that receive HOME funds such as housing rehabilitation or rental assistance programs.

C. ELIGIBLE BENEFICIARIES OF HOME FUNDSThe HOME program is designed to provide affordable housing to low-income and very-low income families and individuals. Therefore, the program has rules about targeting program resources and establishes beneficiary eligibility. The application will address Program Targeting, Income Eligibility and Income Verifications. In general, the incomes of households receiving HUD assistance must not exceed 80 percent of the area median. The eligibility of households for HOME assistance varies with the nature of the funded activity. For rental housing and rental assistance, at least 90 percent of benefiting families must have incomes that are no more than 60 percent of the HUD-adjusted median family income for the area. In rental projects with five or more assisted units, at least 20% of the units must be occupied by families with incomes that do not exceed 50% of the HUD-adjusted median. HOME income limits are published each year by HUD – See Attachment A. HUD Income Targeting regulations can be found at: 24 CFR Part 92.216-217.

D. ELIGIBLE USES OF HOME FUNDS Rental Housing : Affordable rental housing may be acquired and/or rehabilitated, or

constructed.

Homebuyer Activities : HOME funds may finance the acquisition and/or rehabilitation of new construction of homes.

Tenant Based Rental Assistance (TRBA): Financial assistance for rent, security deposits and, under certain conditions, utility deposits may be provided to tenants.

Homeowner Rehabilitation : HOME funds may be used to assist existing owner-occupants with the repair, rehabilitation or reconstruction of their homes.

The County of Ventura encourages applicants to consider new construction and acquisition projects that increase and improve the supply of rental housing units affordable to very-low income persons.

E. CHDO’S – COMMUNITY HOUSING DEVELOPMENT ORGANIZATIONSAs defined by the Department of Housing and Urban Development, CHDOs (Community Housing Development Organizations) are special types of nonprofit housing developers that are accountable to the low-income communities they serve. Congress and HUD have recognized the role that CHDOs play in housing development by setting aside a minimum of 15% from each jurisdiction's annual HOME allocation. HUD regulations on CHDOs may be found at 24 CFR Part 92.300-303.

The purpose of CHDO set-aside funds is (1) to promote partnerships between States, units of general local government and nonprofit organizations, and (2) to expand nonprofit organizations’ capacity to develop and manage decent and affordable housing.

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Eligible CHDO Activities:

Acquisition and/or rehabilitation of rental housing

New construction of rental housing

Acquisition and/or rehabilitation of homebuyer properties

New construction of homebuyer properties

Direct financial assistance to purchasers of HOME-assisted housing sponsored or developed by the CHDO with HOME funds

Ineligible CHDO Activities:

Tenant-Based Rental Assistance (TBRA)

Homeowner rehabilitation

Brokering or other real estate transactions

F. JURISDICTION SUPPORT AND PARTICIPATIONProjects that are proposed within any of the five Entitlement Area cities (Fillmore, Moorpark, Ojai, Port Hueneme, and Santa Paula) must receive approval from and financial participation by the jurisdiction in which the project is proposed. Applicants must communicate with the jurisdiction to explain the project and request financial participation and written approval of the project prior to submitting the application. Documentation of approval and financial commitment by the jurisdiction must be submitted with the application.

G. GOVERNING BOARD RESOLUTIONA resolution granting authority to make a HOME application executed by the governing board of the applicant, owner, developer, CHDO or Housing Authority must be included with the application.

H. HOME PROGRAM REQUIREMENTSAll HOME participants must adhere to the Federal requirements set forth in 24 CFR part 5, subpart A (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr5_main_02.tpl); please refer to HUD website and/or Attachment B. The requirements are extensive and the applicant must certify the agency has the capacity to comply with these requirements. They include but are not limited to: nondiscrimination and equal opportunity; fair housing; disclosure requirements; debarred, suspended or ineligible contractors; and drug-free workplace. In addition, other Federal requirements include affirmative marketing; minority outreach; environmental review; displacement, relocation and acquisition; Section 3/labor standards/prevailing wages/Davis Bacon; lead-based paint; conflict of interest; Executive Order 12372 (as amended) and consultant activities.

In addition, the HOME program requires participants to abide by regulations regarding accounting and auditing practices, Minority/Women's Business Enterprises, the economic opportunities for low and very low-income persons, accessibility and other property standards, and flood insurance.

Those projects that involve construction and/or rehabilitation must comply with federal procurement procedures and with federal labor standards including Davis-Bacon and Related Acts governing prevailing wage and other labor standards requirements. County staff will assist with compliance on such projects and will monitor the subrecipient’s compliance with the applicable federal labor standards. As required by HUD, the County will withhold allocated funding from projects that do not maintain compliance with all applicable labor standards provisions.

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http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title24/24cfr5_main_02.tpl

“Compliance in HOME Rental Projects: A Guide for Property Owners” is a HUD guidebook that helps owners of HOME-assisted properties comply with the HOME Program’s ongoing affordability requirements. It describes the specific regulatory requirements that apply to HOME-assisted rental properties during the period of affordability. Further, it provides tools for owners and property managers—in the form of checklists, forms, and sample documents—to facilitate the day-to-day rental management of HOME-assisted properties. The guidebook may be located at:

HTTP://PORTAL.HUD.GOV/HUDPORTAL/HUD?SRC=/PROGRAM_OFFICES/COMM_PLANNING/AFFORDABLEHOUSING/LIBRARY/MODELGUIDES/2009/2009HOMERENTALPO

The County will require participants to provide documentation of compliance with all requirements and participate in the monitoring of the program.

I. NEW 2013 HOME PROGRAM FINAL RULEThe new 2013 HOME Program Final Rule contains many new provisions and changes that will have substantive and broad-based impact on how the Participating Jurisdiction (PJ/County) administers HOME activities. The 2013 Rule also codifies existing policy guidance that has been previously issued by HUD, and addresses a number of technical and non-substantive “housekeeping” items within the HOME regulation.

The key substantive changes in the regulation are intended to: • Accelerate the timely production and occupancy of assisted housing, • Strengthen the performance of PJs and their partners in producing and preserving affordable

housing units, • Provide PJs with greater flexibility in the design and implementation of their programs, and • Increase administrative transparency and accountability.

This application is in the process of being revised to incorporate the changes that were put into effect on August 23, 2013 and those that will be required in early 2014. Due to the extent of changes, some may not be clearly identified or included. If a project or program is recommended for funding, the County will clarify all HOME regulations (new and existing) during the underwriting process and outline them in and prior to executing the HOME agreement. The following links provide further details on the HOME Final Rule changes.

For More Information About the HOME Final Rule:

The 2013 HOME Final Rule Effective Dates: https://www.onecpd.info/home/home-final-rule/the-home-final-rule-effective-dates/

The 2013 HOME Final Rule and the 2012/2013 HOME Appropriations Acts:https://www.onecpd.info/home/home-final-rule/the-home-final-rule-and-the-2012-2013-home-appropriation-act/

Important Resources:

2013 HOME Final Rule, 24 CFR Part 92 (Changes Only):https://www.federalregister.gov/articles/2013/07/24/2013-17348/home-investment-partnerships-program-improving-performance-and-accountability-updating-property

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https://www.onecpd.info/home/home-final-rule/the-home-final-rule-and-the-2012-2013-home-appropriation-act/

https://www.onecpd.info/home/home-final-rule/the-home-final-rule-and-the-2012-2013-home-appropriation-act/

http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/affordablehousing/library/modelguides/2009/2009homerentalpo



http://www.hud.gov/offices/cpd/affordablehousing/library/modelguides/2009/2009homerentalpo.pdf

Section by Section Summary of the 2013 HOME Final Rule:https://www.onecpd.info/home/home-final-rule/section-by-section-summary/

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https://www.onecpd.info/home/home-final-rule/section-by-section-summary/

PART II – HOME APPLICATION INSTRUCTIONSA. GENERAL APPLICATION GUIDELINES To be considered for funding, projects/programs must be HOME eligible and meet all HUD and County requirements. The application will assist in determining if your project/program is eligible. Checkmark all applicable items and answer all sections unless otherwise noted. Incomplete and/or inaccurate sections may disqualify the application.

In preparing the application, applicants should be aware that a high level of detail is necessary to determine whether a project meets HOME regulatory requirements. For projects which have several funding sources, applicants may wish to consult with those funding sources to ensure the HOME proposal is consistent with regulatory agreements that they have (or will have) entered into with those funding sources. Note that all sources of funding must be listed in the appropriate sections of the proposal. In order to be considered for funding, all sections of your application, including attachments and exhibits must be complete and accurate.

Application forms are available online at the County’s Community Development HUD Grants website or by e-mail (See Section D – “County Contact Information” below). Please keep in mind a hard-copy, with original signature, is required for submittal. In submitting your application for HOME funding, please be aware of the following:

Applications are due no later than 4:00 p.m. on the date listed below. A separate application form must be completed for each proposed project. Complete the application form thoroughly. If the application is incomplete, the project may

not be considered for funding. One hard-copy application with original signature and all attachments must be submitted

(copies are no longer required). A faxed application form will not be accepted. The application must also be sent, in WORD format, in an e-mail or provided on a readable

CD-ROM. All attachments must be submitted electronically with the application. A handwritten application will not be accepted. Do not alter or delete any portion of the application form (expanding comment boxes for

additional text is permitted). “Tailor made” applications attached to a blank application form will not be accepted.

B. IMPORTANT DATESThe following is a list of important dates and deadlines. Public Hearings give applicants an opportunity to obtain information and ask questions regarding the HOME funding process and ultimate funding recommendations.

November 13, 2013 – MANDATORY 1st HUD Funding Public Hearing from 9:00 - 11:00 a.m. held at Government Center room LPAR (Lower Plaza).

December 13, 2013 – All HOME Applications are due by 4:00 p.m. February 26, 2014 – County notifies applicants of funding recommendations and posts on

CEO website. March 5, 2014 – 2nd HUD Funding Public Hearing 9:00 – 11:00 a.m. – MANDATORY.

Review of funding recommendations for all projects: HOME, CDBG and ESG (if available). Staff will receive feedback from applicants and the public regarding funding recommendations. Modifications to funding recommendations will be made as appropriate to address significant concerns about final funding recommendations. Held at Government Center room LPAR.

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http://portal.countyofventura.org/portal/page?_pageid=821,1098211&_dad=portal&_schema=PORTAL

March 19, 2014 – Additional HUD Funding Public Hearing – IF NEEDED – MANDATORY. May 6, 2014 – Final HUD Funding Public Hearing for Annual Plan at Board of Supervisors

meeting.

C. APPLICATION EVALUATION CRITERIA Applications will be evaluated and scored based on eligibility, completeness and adherence to the minimum eligibility requirements. Several methods will be used to evaluate each application and they are listed below. It is highly recommended that applicants carefully review and incorporate information listed in all three of these documents.

The “HOME Application”

The “HOME Application Certification” checklist (See Part V – Section A) will demonstrate that all basic requirements are submitted with the application.

The “HOME Application Score Sheet” (See Attachment C) will be used to score each application.

County staff will review all applications and make recommendations to the Board of Supervisors, which will make the final determination in the award funding in May, as listed above in the “Important Dates” section.

As an example, all projects will be evaluated on specific criteria, including, but not limited to:

Magnitude of benefit to persons of low and moderate income Overall impact in addressing community needs as identified in the County’s Consolidated

Plan Consistency with local policies, plans, and goals as identified in the County’s Consolidated

Plan Priority will be given to projects located in the County unincorporated area or in one of the

cities in the entitlement area (Fillmore, Moorpark, Ojai, Port Hueneme and Santa Paula) that benefit entitlement area residents

Support of local jurisdiction(s) Feasibility Timeliness Contribution to additional, new affordable housing units Applicant’s experience and capacity for administering HUD funds Clarity and completeness of the proposal

Depending upon the type of projects, further consideration will be given to projects that:

Have assessed and established market need, providing a copy of the project market analysis Have demonstrated sound developer capacity and fiscal soundness Have completed the HUD Underwriting Template and successfully met risk analysis

evaluations Have obtained site control at the time of application Have identified total project funding at the time of submission Have exhausted all other funding resources and are pursuing HOME funding as a last resort Have secured funds that leverage HOME funds Have linked with County and/or community programs

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The agency submitting the proposal will be evaluated by the experience in operating similar projects/programs, its ability to maintain required records including information on project beneficiaries, and its ability to expend funds expeditiously and in accordance with HUD regulations. The agency submitting the proposal will also be evaluated on the percentage of funding from anticipated sources other than HOME, the extent of support received from other agencies (both public and private), and the status of the funding. Consideration will also be given to the proportion of the total project cost requested from the jurisdictions compared to the number of clients expected to be served in each of those respective jurisdictions.

NOTE: These are some of the minimum evaluation criteria. Applications for funding will be evaluated by the Board of Supervisors within the framework of the respective jurisdictions’ policies, goals, and financial obligations. The County may also put emphasis on those projects that enhance the County’s efforts to meet its responsibilities and/or provide service to the residents of the unincorporated area.

D. COUNTY CONTACT INFORMATION The following list contains the County contacts and address to submit the application. If you have any questions regarding the application process, contact the appropriate staff person as indicated below.

Application Delivery/Mailing Address: County of Ventura – County Executive Office800 South Victoria Avenue L#1940Ventura, CA 93009County of Ventura – HOME ApplicationAttn: Donna McKendryPhone: 805-654-2876 E-mail: [email protected] County of Ventura – NEPA/Environmental and HUD Regulatory Compliance Attn: Sally HarrisonPhone: 805-654-2852E-mail: [email protected] of Ventura – CDBG ApplicationsAttn: Sally HarrisonPhone: 805-654-2852E-mail: [email protected] of Ventura – ESG ApplicationsAttn: Meg Kimbell-DrewryPhone: 805-654-2871 E-mail: meg.kimbell-drewry @ventura.org

County of Ventura Website – HUD Grants link:http://www.ventura.org/community-development/hud-grants

County of Ventura Website – Consolidated Plan link:http://www.ventura.org/community-development/hud-reports

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http://www.ventura.org/community-development/hud-reports

http://www.ventura.org/community-development/hud-grants

PART III – HOME FUNDING APPLICATION

VENTURA COUNTY HOME PARTICIPATING JURISDICTIONHOME INVESTMENT PARTNERSHIP PROGRAM (HOME)

Project Proposal for Program Year 2014-15

A. Project Summary

1. Project Summary

Project title

Project address

APN #

One sentence description of the Project

Total HOME funds previously invested in this Project $

HOME Funds requested $

Total Project Cost $

B. Applicant Information

1. Contact Information

Name of Organization

Name of Contact Person

Office Phone Number

Cell Phone Number

FAX Number

Street Address, City and Zip Code

Mailing Address (if different)

Organization’s website address

DUN & Bradstreet (DUNS) Number

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Federal Tax ID Number

Is this organization a Community Housing Development Organization (CHDO)?

Is this organization a minority or women owned business? Explain:

2. Organizational Structure and Documentation

The following required items are included with the application: Yes No

A letter of support from the County or City Agency where the Project resides

A resolution granting authority to enter into a HOME application executed by the governing board of the applicant CHDO, non-profit developer, or Housing Authority.

Organization Bylaws

Charter of Articles of Incorporation

Organizational Chart

List of the Board of Directors

Non-Profit Determination letters from the Federal Internal Revenue Service and the State Franchise Tax Board (Form 501.3.c)

Evidence of Insurance: A copy of current insurance coverage (General Liability, Automobile, Worker’s Compensation, etc.) must be attached with this application. If funded, an updated insurance policy will be required with the funding jurisdiction listed as “additionally insured.”

3. List Federal Grant Experience

Name of Federal Grant

Program

Purpose of Grant Date Obtained

Funding Amount

4. Management and Staff Experience

Please describe the Applicant’s “capacity” to develop low income housing projects/programs. Describe processes that are in place to monitor and ensure compliance for this Federally funded program/project. Be sure to cite management, project manager and staff development experience and prior compliance experience with other Federal funding sources (expand text box as needed). Attach the resume of the lead construction developer on staff that will be responsible for the project.

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5. Fiscal Year and Audit Reports

What is your agency's fiscal year?

Date of your organization's most recently completed audit. (Month/Year)

What fiscal year did this most recent audit include? (Month/Year - Month/Year)

Was this audit conducted in compliance with the Single Audit Act? Yes or No

Are there any outstanding audit findings which remain unresolved? If yes, please attach explanation

Attach your organization’s most recent audited financial statement to the application. Is it attached?

Attach your organization’s 2 to 5 year financial or strategic plan. Is it attached?

6. Financial Management

If your organization is a non-profit organization, does your organization comply with:

Yes No

OMB Circular A-110, as implemented at 24 CFR Part 84 “Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations”

OMB Circular A-122 “Cost Principles for Non-Profit Organizations”

OMB Circular A-133 “Audits of States, Local Governments and Non-Profit Organizations”

County or City Agency – Not applicable

7. Conflict of InterestThere are two sets of conflict of interest provisions applicable to activities carried out with HOME funding.

Attachment D – “CPD 98-09 Conflict of Interest” notice pertains to the HOME Program Conflict of Interest Provisions and explains the conflict of interest requirements applicable to the HOME Program. Developers/Project Owners shall include necessary actions and documentation to ensure that this provision is executed and adhered to.

The second set of provisions is located at §92.356 of the HOME final rule Attachment E – “Conflict of Interest HOME Final Rule 92.356.” These provisions cover situations not covered by parts 84 and 85. Developers shall include necessary actions and documentation to ensure that this provision is executed and adhered to.

The new 2013 HOME Rule revised two main provisions within §92.356. It is important to note these changes:

Financial Interest or Benefit The conflict of interest provision of §92.356(b) is revised to specify that the type of covered conflict is a financial benefit or interest. It further specifies that covered familial

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relationships are limited to immediate family members. These changes align the HOME conflict of interest provisions with the CDBG regulations. This change narrows the interpretation of the previous regulatory language. For instance, it is common for State and local governments to designate elected or appointed officials to serve on the boards of nonprofit organizations that may provide affordable housing within their communities. Under the pre-2013 Rule, an official might have a personal interest in this appointment, and if interpreted broadly the previous regulations might have prohibited this type of arrangement. The change in the Rule clarifies that in such situations, if the public official does not receive a salary or any other financial compensation for serving on the board, the official’s interest would be a personal one only. This kind of public participation often is beneficial and should not be discouraged.

Occupancy of HOME-Assisted Units The conflict of interest provisions at §92.356(f)(1) prohibit certain persons from occupying HOME-assisted housing. This provision has been revised to clarify that immediate family members of an officer, employee, agent, elected or appointed official or consultant of an owner, developer, or sponsor are prohibited from occupying a HOME-assisted affordable housing unit in a project. This amendment further clarifies that the restriction on occupancy applies during the period of affordability only, and not to the entire period of ownership by the entity that received the HOME assistance.

C. Project Information

1. Project Team

Team Member Contact Person/Phone Number Company Name/Address

Developer

Owner(s)

General Partner(s) (Please specify if managing, sole, etc.)

Sponsor

Administrative Subcontractor

General Contractor

Architect

Construction Specialist

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Construction Lender

Permanent Financing Lender

Property Management Company

Other Project Partners (if applicable)

Describe the roles, financial structure, and legal relationships of the entities identified in the project team table above:

2. Eligible ActivitiesHOME funds must be used for activities that promote affordable rental housing (Rental Housing Requirements: 24 CFR Part 92.252) and/or homeownership for lower income households. Funds must be used in one of the following activities – checkmark all categories that relate to the application:

Checkmark all that apply:

Rental Housing

Owner-occupied rehabilitation

Homebuyer assistance

Tenant‐based rental assistance (TBRA)

Rehabilitation –includes:

___ relocation of structure

___ conversion of property to residential use

___ reconstruction of like unit

___ expanding unit outside existing walls (no new units created)

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New construction – includes:

___ units with certificate of occupancy in past year

___ reconstruction

___ conversion

___ additional units beyond existing walls

Acquisition:

___ of existing structures for new affordable housing

___ of vacant land for new affordable housingConditionally Eligible Activities – eligible only when undertaken to produce HOME-assisted units:___ Site improvements___ On-site infrastructure & off-site utility connections essential to project___ Demolition

Direct Financial Assistance:

___ Direct assistance to homebuyers

___ Tenant-based rental assistance

Refinancing:

___ Homeowner rehabilitation – must lower existing homeowner debt, and HOME

funds used for rehabilitation

___ Rental projects – only if refinancing necessary with rehabilitation to create or

Maintain affordable housing, and guidelines must be in Con PlanPermanent or Transitional Housing (Shelters are ineligible)

Project for special populations (such as children in foster care or emancipated youth)

Lead Abatement

Does not require Relocation – property/building/unit is not occupied

Does require Relocation – property/building/unit is currently occupied

3. Eligible CostsHOME funds may be used for the following costs. Read carefully and checkmark all applicable categories intended to be funded by HOME funds.

Checkmark all that applies:

Project Hard Costs: Acquisition of land (for a specific project) and existing structures Site preparations or improvement, including demolition On site infrastructure development or related off site infrastructure development Lead based paint treatment Securing of buildings Construction materials and laborProject Soft Costs: Financing fees, closing costs, interest Credit reports Title binders and insurance

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Surety fees Recordation fees, transaction taxes Legal, technical, professional and accounting fees, including cost certification Appraisals Permit fees, studies Advisory services A & E fees, including specifications and job progress inspections Environmental reviews Builders’ or Developers’ fees Affirmative marketing, initial leasing and marketing cost Costs of a project audit – includes cost certification of costs performed by a CPARelocation Costs: Permanent or temporary relocation costs as set forth in the Uniform Relocation Act and Section

104(d) of HCDA 1974 Payment for replacement housing, moving costs and out-of-pocket expenses Advisory services Staff and overhead related to relocation assistance and servicesTBRA Program: Rental assistance Down payment assistance Utility deposit assistance

4. Ineligible ActivitiesHOME funds may not be used for the following activities. This is a filter to ensure there is no intent to fund an ineligible activity. Read carefully and checkmark any applicable category you intend to fund with HOME funds. A project falling under one of these categories may be determined ineligible. If none apply, checkmark the first box.


NONE of these categories apply

Emergency repairs – if property not up to standards

Assistance to Federal public housing, including new construction, modernization and operation

Assistance to temporary/emergency shelters

Assistance to commercial (non-residential) property, or non-residential portions of property

May not be used as match for other federal programs (except McKinney Act funds)

Project-based rental assistance (Must be tenant-based)

To fund a project previously assisted with HOME funds during the affordability period. Additional funds may only be committed up to one year after project completion, but amount may not exceed max per-unit subsidy (except TBRA or homebuyer)

Acquisition of PJ owned property unless acquired originally for a HOME project

Rental housing operational costsProvide tenant-based rental assistance for the special purposes of the existing Section 8 program, in accordance with section 212(d) of the ActNursing homes, convalescent homes, hospitals, residential treatment facilities, correctional facilities, student dormitories, shelters

5. HOME Funds and Public Housing

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A new HOME Rule, §92.213, has been added to the HOME regulations to address the use of HOME funds with public housing funds. These provisions are based on longstanding legal interpretation of three programs’ authorizing statutes: the National Affordability Act (HOME); section 24 of the Housing Act of 1937 (HOPE VI); and section 9 of the 1937 Act (public housing Capital and public housing Operating Funds). This clarifies existing policy and addresses three issues. The following outlines the details:

Please checkmark all that apply: Yes No HOME funds cannot be used, alone or in combination with Capital Funds, for public housing units. Are HOME funds being applied this way in this Project?HOME units cannot receive public housing Capital Funds or Operating Fund assistance. Are HOME funds being applied this way in this Project?HOME funds can, however, be used to develop a new unit that will serve as public housing, if that unit also receives HOPE VI funding and no Capital Funds (section 9) are used to develop the unit. Such a unit may receive Operating Fund assistance.Are HOME funds being applied this way in this Project?HOME funds may be used in a project that also contains public housing units, provided that HOME funds are not used in the public housing units and the HOME units are separately designated. Are HOME funds being applied this way in this Project?

6. Charging Costs to Beneficiaries§92.206(d)(6) and §92.207(b) are revised to clarify that staff and overhead costs related to carrying out a project cannot be charged to, or paid by, low-income families. Developers/Project Owners cannot charge fees to cover their administrative costs (these costs can be charged as project costs). Examples of prohibited fees include construction management fees, loan servicing fees, origination fees, loan processing fees, underwriting fees or other fees related to the cost of administering the HOME program.

§92.214(b)(3) has been added to clarify that Developers/Project Owners are prohibited from charging fees to tenants that are not reasonable or customary, such as a monthly fee for access to pay laundry facilities. This provision also clarifies what fees are allowable, including reasonable application fees to prospective tenants, parking fees in neighborhoods where such fees are customary, and the cost of nonmandatory services such as meal and bus service.

Note that Developers/Project Owners are permitted to charge reasonable and customary fees commonly charged to a loan applicant in unassisted real estate transactions, such as the cost of credit reports and appraisals fees since these are customarily charged by a lender as part of a home purchase and paid to third parties performing services on behalf of the lender. Developers/Project Owners are permitted to charge nominal application fees to applicants for assistance, pursuant to §92.214(b).

7. Detailed Project DescriptionProvide a narrative project description including the location, proximity to shops, transportation and services, the target population, the number of units dedicated to each income level, special amenities and services, local support for the project, current and proposed ownership/management structure, and other information necessary for a full understanding of the proposed project.

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8. Project Site Plans

Please checkmark all that apply: Yes No Is a set of the project site plans included with the application?

Do you have an architect certification on the project?

If not, when do you anticipate obtaining one? Date:

9. Density Bonus Information

Please checkmark all that apply: Yes No Is this project an affordable housing development that includes density bonus units pursuant to Article 16 of the Ventura County Non-Coastal Zoning Ordinance?If yes, provide details:

10. Market StudyA market study, specific to the proposed project, must be conducted and submitted with this application or indicate it will be made available if the Project is recommended for funding. It must examine the neighborhood market conditions and demonstrates a clear need for the project. See Attachment F – HOME Market Study Requirements for general guidelines.

Please checkmark all that apply: Yes No Has a market study been conducted and submitted with this application?

If no, explain:

11. Project Implementation ScheduleThere are specific timelines for HOME funding that must be adhered to. Please read these carefully and respond as applicable to the project. A project unable to meet these requirements may be ineligible for HOME funding.

Please checkmark all that apply: Yes No N/APriority will be given to projects that demonstrate “project readiness”. Does the applicant have site control of the proposed project?Is documentation attached demonstrating you have site control?

If the project consists of rehabilitation or new construction (with or without acquisition) the applicant, with an executed legally binding HOME agreement, must be able to start construction within twelve months of the agreement date (Agreements are usually executed between July-Sept). Does this project meet this requirement?

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Once funds are awarded and the HOME agreement signed, the applicant will be required to begin to draw down funds in less than 12 months (Funds which have been committed in the system for 12 months without an initial disbursement of funds will be canceled by HUD). Does the project meet this requirement?

Please provide an implementation schedule for the proposed project. The implementation schedule should include major milestones (a minimum of four) for the project with a date (month and year) of anticipated implementation. Milestones should represent tangible, measurable goals.

Major MilestoneMonth/Year Milestone to

Begin

Month/Year to End

Architecture/Design Completed

Planning Permits Submitted

Entitlements Secured

Other Financing Applications Submitted/Secured (list individually)

Construction Loan Closes

Construction/Work Starts (must occur within 12 months of signing HOME Agreement)

Project Completion

100% Leased-Up

Permanent Loan Closes

12. Signage and AdvertisementsOne of the most important goals in implementing HUD funded programs is transparency. In support of that goal, we encourage recipients to identify HUD funded projects, to the extent possible and reasonable, with clear signage. Sample graphics are available upon request.

Please checkmark all that apply: Yes No All signage and advertisements related to this project will contain the HUD Equal Opportunity (EEO) emblem.

D. Citizen Participation and Community Involvement

1. Citizen Participation

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Describe all citizen participation or community involvement that has occurred or is planned to occur involving this project. Include dates of occurrences or upcoming scheduled dates. A higher priority is established with projects involving citizen and/or community involvement.

Date(s)

2. Community NeedsThe application must address HOME related priority needs as identified in the FY 2010-2014 County of Ventura Consolidated Plan. The County has established core goals in the areas of housing, homelessness and non-housing community development. These goals express the County’s intentions related to assisting extremely low-, low- and moderate-income residents. The County has established specific objectives to implement these goals. The objectives make general statements about the activities that will be assisted with Federal funds during the 5-year period of the Ventura County Consolidated Plan 2010-2014. Addressing at least one of the specific objectives related to housing is mandatory for a proposal to be eligible for HOME funding. Visit the following website to access the Consolidated Plan: http://www.ventura.org/community-development/hud-reports

Community Needs: Please list the unmet HOME related community need(s) this project proposes to meet. Refer to the instructions and the 2010-2014 Consolidated Plan.

1. 2. 3.

Describe how the proposed project meets these community needs: How will your agency use these grant monies to address the unmet HOME related community needs listed above? Describe the project and how it addresses these needs. Refer to 2010-2012 Consolidated Plan and the goals your project will address.

3. Objectives and OutcomesCheck one box in each table below that best reflects your project’s objectives and outcomes. See instructions for definitions.

Objectives Check one Outcomes Check oneDecent Affordable Housing Affordability

Other: Other:

E. Project Requirements

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http://www.ventura.org/community-development/hud-reports

1. Project LocationPriority will be given to projects that benefit entitlement area residents who are located in the County unincorporated area or in the entitlement area that include the cities of Fillmore, Moorpark, Ojai, Port Hueneme, and Santa Paula. Projects located outside of these areas may be considered ineligible unless there is strong link to benefiting residents in the entitlement area.

Checkmark project/program location

County unincorporated area (identify area):

City of Fillmore

City of Moorpark

City of Ojai

City of Port Hueneme

City of Santa Paula

Other City (list City name):

2. Local Jurisdiction SupportDocumented support of the local jurisdiction where project is located is a requirement.

Yes No

Has your organization discussed this project with the jurisdiction in which the project is located?

Is the required letter of support from the local jurisdiction attached?

If no, explain:

List all of the jurisdiction contact names, positions and phone numbers who have been involved in the discussions:

Local Jurisdiction Contact Person, Title Phone Number

3. Entitlement Area Beneficiaries County HOME funded project/programs are designed to meet the needs of residents residing in the County’s Entitlement area which includes the County unincorporated area and the cities of Fillmore, Moorpark, Ojai, Port Hueneme, and Santa Paula. Priority will be given to applications where projects are located in the Entitlement area and/or serve the majority of residents residing in an Entitlement area.

Total number of beneficiaries to be served by this project:

Total number of Entitlement Residents to be served:

Will beneficiaries outside of Entitlement area be served? Yes/No

Explain:

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4. Period of Long Term Affordability and ComplianceHOME assisted homebuyer and rental housing must remain affordable for a long-term affordability period, determined by the amount of per-unit HOME assistance or the nature of the activity. Affordability periods may be greater but never less than the minimum. HUD regulations on Affordability Periods may be found at 24 CFR Part 92.252(e).

Homeownership Assistance ActivityHOME Investment per Unit

Minimum Period of Affordability

Checkmark the Project’s Minimum Period of Affordability

Under $15,000 per unit 5 years$15,000 - $40,000 per unit 10 yearsOver $40,000 per unit 15 yearsOther: ExplainNot Applicable (TBRA/Homeowner Rehab)

Rental Housing Activity HOME Investment per Unit

Minimum Period of Affordability

Checkmark the Project’s Minimum Period of Affordability

Rehab or acquisition of EXISTING housing per unit amount of HOME funds:Under $15,000 per unit

5 years

$15,000 - $40,000 per unit 10 yearsOver $40,000 per unit or rehab involving refinancing 15 yearsNew construction of rental housing or acquisition of newly constructed rental housing 20 years

Other-explain:

TBRA and Homeowner Rehab Activities Minimum Period of Affordability

Checkmark if Applying for this Activity

Affordability Period - Not Applicable N/A

Checkmark all that apply:HOME assisted units will be affordable at initial occupancy and over a minimum “affordability period” of 5-20 years for rental and housing

Rental units will meet income eligibility and property standards at initial occupancy and over the affordability period

Homebuyer assistance is subject to resale or recapture provisions over the affordability period

You are aware that HOME investment in units that fail to meet affordability requirements for the minimum required period is subject to full repayment (except homebuyer units must repay funds recaptured out of net proceeds)

TBRA Program – No Long Term Affordability period applies

5. Repayment of FundsIn regards to periods of affordability and repayment obligations, HOME Rule requires:

Repayment obligation. §92.252(e)(1)(i) and §92.252(e)(4) have been revised to expressly state that the termination of affordability restrictions does not relieve the County of its

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repayment obligation for housing that does not remain affordable for the required period under §92.503(b).

Mechanisms to secure affordability. §92.252(e)(1)(ii) is amended to permit the County to use agreements restricting the use of the property to secure affordability restrictions. The County may continue to have the option to use deed restrictions or covenants running with the land.

Recordation. In order to be effective, the mechanisms to secure affordability restrictions must be recorded in accordance with State recordation laws.

6. Property Standards HOME-funded properties must meet certain minimum property standards. The applicable standards vary by the type of activity. Minimum property standards for Homebuyer, Tenant Based Rental Assistance (TBRA), Homeowner Rehabilitation and Rental Housing are described in Part IV - Sections A, B, C, and D as they apply to each HOME activity.

7. Occupancy Standards a. Standards Used to Determine Acceptability of Unit Size: To avoid overcrowding and maximize use of space, each dwelling unit shall be evaluated in accordance with the occupancy standards set forth below. Families may be required to move if the unit is overcrowded or under-occupied. These maximum occupancy standards may be waived when necessary to house families in urgent need or in cases where the relationship, age, sex, health or handicap of the family members warrants assignment to a larger or smaller unit. Standards allow two persons per living/sleeping room and would permit the following maximum occupancy, assuming a living room is used as a living/sleeping area.

b. Standards Used to Assign Unit Size:

Unit SizeMinimum Number of

Persons in householdMaximum number of persons in household

0 1 21 1 32 2 53 4 74 7 95 8 11

c. Occupancy with Respect to Persons of Opposite Sex:

Unit size is to be assigned so that it will not be necessary for person of the opposite sex, other than husband and wife, to occupy the same bedroom. However, if necessary, two children of the opposite sex may occupy the same bedroom.

d. Counting Household Members:

Every family member regardless of age is to be counted as a person. An unborn child will be counted as a person in determining household size and applicable income limits. A full-time student residing away from home during the school year who continues to maintain permanent residency with the family may be considered a household member.

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Yes No Occupancy Standards

Your agency must have an adopted set of occupancy standards. Is your policy on occupancy standards attached to this application? Does your occupancy standards comply with the parameters outlined in this section? If not, explain:

8. Affirmative Marketing - New Revised HOME Program RuleEach Developer/Project Owner must adopt affirmative marketing procedures and requirements for any housing activity funded with HOME dollars. Affirmative marketing differs from general marketing activities because it specifically targets potential tenants and homebuyers who are least likely to apply for the housing, in order to make them aware of available affordable housing opportunities

92.351 has been revised to extend the applicability of affirmative marketing procedures to all HOME-funded programs, including TBRA. The pre-2013 affirmative marketing requirements were applicable only to HOME assisted projects with five or more HOME units. This section has been further modified to specify that to the extent that any project is implementing tenant preferences, there must be affirmative marketing procedures that apply in the context of the limited/preferred tenant selection policies. For example, a project for homeless persons must be marketed to the universe of persons who would meet the preference. The project could not rely solely on referrals from a specific homeless provider when there are other homeless providers with potential applicants in the market area.

Affirmative marketing procedures must include the following:

Methods to inform the public, potential tenants, and owners about fair housing laws and the agency's own affirmative marketing policy.

Descriptions of what a project owner must do to market housing assisted with HOME funds (e.g. use the equal opportunity logotype or slogan).

Statement of procedures for how project owners will inform persons who are not likely to apply without special outreach efforts about the housing.

Description of the records that document actions taken to affirmatively market HOME-assisted units.

Typically, an affirmative marketing process will communicate to the general public that the HOME funded housing programs are administered in a nondiscriminatory manner. Examples of affirmative marketing efforts include the following:

Communicating the equal housing opportunity message, or the equal housing opportunity logotype or slogan, in outreach to the general community. This can be inserted into all written outreach tools, such as press releases, newsletters, brochures, advertisements, direct mail solicitations, requests for proposals, and related advertising.

Identifying, for each funded development, populations that are least likely to apply without special outreach, and tailoring affirmative marketing requirements to project owners accordingly.

Utilizing HUD Form 935.2, Affirmative Fair Housing Marketing Plan. While not required, this form is a useful tool for organizing and documenting the affirmative marketing plan for owners.

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http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/forms/hud9a

The following are examples of affirmative marketing procedures the County is requiring a HOME funded project owner undertake and place in their Affirmative Marketing Plan:

Specify that all marketing of HOME-assisted housing be jurisdiction-wide and that all advertising be placed in sources of wide circulation. Identify locations.

Specify the media sources an owner must use in order to advertise to a particular audience [such as a newspaper that serves protected class(es)].

Require that all advertisements, brochures, and other written materials be published in multiple languages, in order to reach non-English-speaking audiences.

Provide and require the use of specific mailing lists of organizations whose membership or clientele consists primarily of protected class members.

These special outreach efforts should be targeted to those who are least likely to apply for HOME funds, to ensure that all persons-regardless of their race, color, national origin, age, religion, sex, disability or familial status-are aware of the affordable housing opportunities generated by HOME Program activities

(For more information search “Affirmative Marketing Plan” at HUD website: http://search.usa.gov/search?affiliate=housingandurbandevelopment&query=affirmative+marketing+plan)


Your agency must have an affirmative marketing plan. Is your affirmative marketing plan attached to this application? Your agency recognizes this requirement will be monitored on an annual basis to ensure ongoing compliance with your affirmative marketing plan. Documentation demonstrating compliance will be required.

9. Beneficiary Eligibility The HOME program is designed to provide affordable housing to low-income and very-low income families and individuals. All HOME assisted household members must be U.S. citizens or resident aliens. The following address Program Targeting, Income Eligibility and Income Verifications. Checkmark all that applies.

a. Eligibility:

Checkmark all that apply

Beneficiary Requirements – must be in your Tenant Selection Policies and Procedures

100% of all HOME funds must assist families with incomes below 80% AMI.

All HOME assisted household members must be U.S. citizens or resident aliens§92.253(d)(2) specifies that tenant selection criteria must be reasonably related to program eligibility and the applicant’s ability to meet the obligations of the lease. This refers to the applicant’s ability to pay rent, to maintain the unit in reasonable condition, and not to interfere with the rights of other tenants.The tenant selection criteria requires a written waiting list, written notification to rejected tenants that are renumbered, refer to §92.253(d)(5) and (6).

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http://search.usa.gov/search?affiliate=housingandurbandevelopment&query=affirmative+marketing+plan

http://search.usa.gov/search?affiliate=housingandurbandevelopment&query=affirmative+marketing+plan

Additional Beneficiary Requirements for Rental Housing and TBRA Projects are listed in respective Sections J and L.

What is the target group that will benefit from this project?


Adjusted Median Income (AMI) # of Project Units per group

<80% AMI Low Income

<60% AMI Lower Income

<50% AMI Very Low Income

<30% AMI Extremely Low Income

Other. Explain:

b. Definition of IncomeThe use of Section 8 (Part 5) annual (gross) income is the only definition of income used to determine income eligibility for all County of Ventura HOME funded projects, including applicable income inclusions and exclusions as stated in the Code of Federal Regulations. Attachment G - Definition of Income - Section 8 (Part 5) outlines the Section 8 (Part 5) requirements. (See HUD Website link at:http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/affordablehousing/training/web/calculator/definitions/part5)

c. Income Eligibility and VerificationThe Developer/Project Owner is responsible for ensuring HOME income eligibility requirements are imposed and enforced during the entire affordability period.

Instructions and in depth information regarding HOME Income eligibility, verification, calculations, etc. can be found at the HUD.GOV website link:http://portal.hud.gov/hudportal/HUD?src=/program_offices/comm_planning/affordablehousing/training/web/calculator/requirements

Describe your agency’s experience with using Section 8 (Part 5) in determining tenant income eligibility.

d. Income of All Persons Residing in the Housing§92.254(a)(3) and §92.254(b)(2) are revised to specify that to the extent a person’s income “counts” in accordance with the definition of income adopted, the income of all persons residing in the HOME-assisted housing must be included when determining the income of a family applying for homebuyer or homeowner rehabilitation assistance. This clarification is intended to address situations where not all household members are related, or where several adult members will reside in a HOME-assisted unit. It is not intended to supersede

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the income determination requirements of the definition adopted. For instance, the County adopted the Part 5 definition of income therefore, the earned income of a minor is not included in the determination of income, even though the minor will reside in the housing unit.

10. Relocation RequirementsIf there are occupied structures on the property and the tenants will be relocated (even temporarily), a Relocation Plan is required. A project Relocation Plan will include the issue date of the General Information Notices (GIN) and the intended date of the Notices of Eligibility/Non Displacement, and will list the tenants, describe eligibility, itemize the potential costs of relocation, etc. A copy of the GIN (with distribution list) is required with this funding application; the Notice of Eligibility/Non Displacement must be issued on the same day a funding contract is signed with the County. The Notice of Eligibility date also establishes the Initiation of Negotiation (ION) date. A copy of that notice (with distribution list) must be forwarded to this office. Prior to the notice being sent to each tenant, tenants must have been interviewed, their incomes documented, and comparable units determined.

Relocation Information Yes No

Does the project require relocation of current tenants?

If YES, does the applicant have a relocation plan?

Is the relocation plan attached to the application?

11. Ethnicity/RacePlease provide information below as it applies to the project. Very few projects are exempted from this requirement.

Hispanic Ethnicity Yes No

Does your organization request information on whether your clients are of Hispanic ethnicity?

Race Yes No

Does your organization ask all clients (including Hispanic clients ) to indicate all that apply below regarding their Race?

- White- Black or African American- American Indian or Alaska Native - Asian- Native Hawaiian or Other Pacific Islander- American Indian or Alaska Native and White- Asian and White- Black or African American and White- American Indian or Alaska Native and Black or African American

- Balance/Other (Category used to report individuals who are of a race or combination of races not listed above.)Does your organization use any other Race categories? If yes, please explain and attach any forms you use.

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If your organization does not currently obtain ethnicity and race information on the clients to be served by the proposed project, please explain how this information will be obtained to meet this requirement:

F. Project Budget

For construction, acquisition and/or rehabilitation projects, long-term financial feasibility must be addressed in the proposal. A project Proforma including Construction and Permanent Sources and Uses Statements and an operating budget showing how the project will be sustained for the period of affordability must be included. The Proforma must ensure HOME per unit replacement reserves is at a minimum of $600 per unit. Tax Credit applications must submit their Universal Application (UA) with the HOME application.

1. Leveraging Funding SourcesLeveraging multiple funding resources is a requirement. MOU’s and/or letters of funding commitment from partnering agencies are required to be included and attached to the application. Documented financial support of local jurisdiction(s) where project is located is a high priority. Priority will be given to projects and/or programs that demonstrate a low percentage of HOME funds as compared to other resources.

Total cost of the entire project/program

Type of Funding Source

Name of Funding Source: describe if funding source

has been secured by contract or awarded by

grant, or if a grant application has been submitted. Give

dates-be as specific as possible.

Is this a govern-

ment funded source?Yes/No

Support or award

Letter/MOU attached?

Yes/No

$ Amount

Local jurisdiction is a funding source (required) $

Other governmental funding source $



Non-governmental funding source $

Non-governmental funding source $

Value of Home Owner sweat equity hours (provide calculation per unit x # of units for total value)

$

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Value of Volunteer hours (provide calculation per unit x # of units for total value)

$

Other (add rows as needed): $

Past HOME funding awarded

HOME $

Total HOME funding requested

HOME $

Total Sources of Funding (should match total cost of the entire project/program)

$

Funding Gap (Identify any unfunded amount) $

Calculate the % of HOME funds requested relative to overall cost of entire project/program %

2. The Form of HOME Subsidy Requested

Checkmark Requested Type

Requested Form of HOME Subsidy Terms Amount Requested

Equity Investment $

Interest bearing loan or advance $

Non-interest bearing loan or advance $

Deferred loan - forgivable $

Deferred loan - repayable $

Grant $

Interest subsidies $

Loan guarantee (certain conditions) $

Other as approved by HUD – Explain $

3. HOME 25% Match ContributionThe HOME Program requires a matching contribution of 25% of the HOME funds awarded. Other federal funds and contributions may not be counted towards satisfying a matching requirement for the HOME Program. HOME required match information is contained in the HOME Regulations - 24 CFR Part 92.218 - 92.222. Match calculations are under each eligible activity in Section IV.

4. Pre-Construction CostsNote that pre-construction costs are not subject to a full NEPA review; construction/permanent financing costs cannot be reimbursed until the project has undergone a full NEPA review, public notice, and HUD authorization.

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PRE-CONSTRUCTIONFunding Source (Agency

& Name of Funds)Secured

or Awarded

? Total $

Architectural and Engineering Services $

Appraisal Fees, Studies, Permits $

Inspection and Testing for Hazards and Defects $

Planning and Zoning Fees $

Legal and Consulting Fees $

Costs Associated with the NEPA Review Process $

Costs Associated with Obtaining Site Options $

Costs Associated with Obtaining Project Financing $

Other costs (Please specify) $

$

5. Construction Costs/Permanent Financing

CONSTRUCTION/PERMANENT FINANCINGFunding Source (Agency

& Name of Funds)Secured

or Awarded

? Total $

Site Acquisition (Including real estate, closing costs, escrow costs, etc.) $

Legal and Consulting Fees $

Architectural and Engineering Services $

Off-Site Development Costs (Utilities, roads, access. Please specify) $

Rehabilitation labor and materials $

Developer Fees $

Building Construction Fees $

New Affordable Housing Construction labor and materials (Including costs for Davis-Bacon compliance) $

Tenant Relocation Costs $

Other costs (Please specify) $

$

G. Section 3 Compliance

Section 3 is a means to foster local economic development, neighborhood economic improvement, and individual self-sufficiency through housing and community development projects funded whole or in part by the Federal Department of Housing and Urban Development (HUD). The purpose of Section 3 of the HUD Act of 1968 (12 U.S.C. 1701u)(section3) as amended by the Housing and Community Development Act of 1992, is to ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible,

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and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low income persons. Section 3 is the legal basis for providing jobs for residents and awarding contracts to businesses in areas where a project involving construction, demolition, or rehabilitation receives HUD financial assistance from the Community Development Block Grant (CDBG) Program, HOME Program, or Neighborhood Stabilization Program (NSP) in excess of $200,000. Contractors or subcontractors that receive contracts in excess of $100,000 for Section 3 covered projects/activities are required to comply with the Section 3 regulations in the same manner as direct recipients. In the event Section 3 covered project expenditures generate economic opportunities (training, employment or contracts), these opportunities must be directed toward qualified Section 3 residents and Section 3 business concerns. The purpose of Section 3 preferences is to be results oriented by: 1) encouraging business concerns that are not major sources of employment for low-income persons to increase their employment of these persons when economic opportunities arise from HUD financed construction related projects; and 2) promoting the growth of "profit-making" enterprises owned by low-income persons that substantially employ low-income persons with Section 3 contract awards.

It is the policy of the County of Ventura, County Executive Office (CEO), Community Development Department to require its contractors to provide equal employment opportunity to all employees and applicants for employment without regard to race, color, religion, sex, national origin, disability, veteran’s or marital status, or economic status and to take affirmative action to ensure that both job applicants and existing employees are given fair and equal treatment. The CEO, Community Development Department implements this policy through the awarding of contracts to contractors, vendors, and suppliers, to create employment and business opportunities for residents of the County of Ventura Entitlement Area (EA). The policy shall result in a reasonable level of success in the recruitment, employment, and utilization of EA residents and other eligible persons and business by contractors working on contracts partially or wholly funded with the United States Department of Housing and Urban Development (HUD) monies. The CEO, Community Development Department shall examine and consider a contractor’s or vendor’s potential for success by providing employment and business opportunities to EA residents prior to acting on any proposed contract award.

Section 3 Plan is located on the website at the bottom of the page:http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Reports Specific link to the Section 3 Plan:http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Reports/2011%20Section%203%20Plan%20ver%202.0%20final.pdf Title 24 CFR Part 135 - Economic Opportunities for Low- and Very Low-Income Persons, establishes the standards and procedures this Section 3 Plan is based upon, and is intended to ensure the objectives of Section 3 are met. The full regulation may be found at http://www.access.gpo.gov/nara/cfr/waisidx_03/24cfr135_03.html

Please checkmark all that apply: Yes No N/AI have downloaded and read the County of Ventura Section 3 Plan

We will adopt the County’s Section 3 Plan to ensure compliance with all regulationsI have accessed Title 24 CFR Part 135, the full regulation for Sec 3

We are prepared to fully comply with Section 3 requirements

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http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Reports/2011%20Section%203%20Plan%20ver%202.0%20final.pdf

http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Reports/2011%20Section%203%20Plan%20ver%202.0%20final.pdf

http://portal.countyofventura.org/portal/page/portal/ceo/divisions/communitydevelopment/HUD_Reports

We will have a Section 3 Compliance Officer on staff.Name of Officer:We will hire a consultant to be our Section 3 Compliance OfficerName of Consultant/firm:

H. Labor and Davis Bacon Compliance

Please checkmark all that apply: Yes No # of Home Units

This project has less than 12 HOME assisted units, therefore Davis Bacon Compliance Requirements are not applicable. If there are less than 12 HOME assisted units, you may skip this Section and go to Section I/J/K or L as applicable.This project has 12 or more HOME assisted units; therefore Davis Bacon Compliance Requirements are applicable.

1. General Labor ComplianceEvery contract for the construction (rehabilitation or new construction) of housing that includes 12 or more units assisted with HOME funds must contain a provision requiring the payment of not less than the wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis-Bacon Act (40 U.S.C. 276a-276a-5), to all laborers and mechanics employed in the development of any part of the housing. Such contracts must also be subject to the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-332).

The contract for construction must contain these wage provisions if HOME funds are used for any project costs in § 92.206, including construction or non-construction costs, of housing with 12 or more HOME-assisted units. When HOME funds are only used to assist homebuyers to acquire single-family housing, and not for any other project costs, the wage provisions apply to the construction of the housing if there is a written agreement with the owner or developer of the housing that HOME funds will be used to assist homebuyers to buy the housing and the construction contract covers 12 or more housing units to be purchased with HOME assistance. The wage provisions apply to any construction contract that includes a total of 12 or more HOME-assisted units, whether one or more than one project is covered by the construction contract. Once they are determined to be applicable, the wage provisions must be contained in the construction contract so as to cover all laborers and mechanics employed in the development of the entire project, including portions other than the assisted units. Arranging multiple construction contracts within a single project for the purpose of avoiding the wage provisions is not permitted.

Participating jurisdictions, contractors, subcontractors, and other participants must comply with regulations issued under these acts and with other Federal laws and regulations pertaining to labor standards and HUD Handbook 1344.1 (Federal Labor Standards Compliance in Housing and Community Development Programs), as applicable. Participating jurisdictions must require certification as to compliance with the provisions of this section before making any payment under such contract.

Here is your link to Making Davis-Bacon Work Guidebook: http://www.hud.gov/offices/adm/hudclips/guidebooks/HUD-LR-4812/4812-LR.pdf

2. Volunteers – Labor Compliance36 | P a g e

http://www.hud.gov/offices/adm/hudclips/guidebooks/HUD-LR-4812/4812-LR.pdf

Volunteers – the prevailing wage provisions of paragraph (a) of this section do not apply to an individual who receives no compensation or is paid expenses, reasonable benefits, or a nominal fee to perform the services for which the individual volunteered and who is not otherwise employed at any time in the construction work (See 24 CFR part 70).

3. Sweat Equity – Labor ComplianceSweat equity – the prevailing wage provisions of paragraph (a) of this section do not apply to members of an eligible family who provide labor in exchange for acquisition of a property for homeownership or provide labor in lieu of, or as a supplement to, rent payments.

4. Certification of Labor Compliance Requirements

Please checkmark all that apply: Yes No N/A # of Home Units

I have downloaded and read the “Making Davis-Bacon Work”

We are prepared to fully comply with Davis-Bacon requirements

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PART IV – HOME PROGRAM SELECTION



There are four different types of HOME program activities: Homebuyer, Tenant Based Rental Assistance (TBRA), Homeowner Rehabilitation and Rental Housing. Complete and submit only the section that applies to your program/project. Do not include the other sections in your application.

A. Homebuyer Activity – Section

B. TBRA (Tenant Based Rental Activity) Activity – Section

C. Homeowner Rehabilitation Activity – Section

D. Rental Housing Activity – Section

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A. Homebuyer Activity – Section ONLY

Complete this section only if your project is for Homebuyer Activity. Otherwise, skip to next applicable section and DO NOT include in submitted Application Packet.

1. Eligible Activities

The following is a list of eligible activities for Homebuyer Assistance - Checkmark all that apply:

AcquisitionReconstruction (rebuild housing that was standing on the site at time of commitment or facilitate rebuilding efforts after a disaster removes housing from the site within 12 months of the date of destruction)Down payment and closing cost assistance

Second mortgages that reduce monthly housing costs on a first mortgage

Loan guarantees

Lease-purchase programs (if home purchased within 36 months)

2. Homeowner Requirements


Homeowner is Low income (less than 80% AMI)Homeowner will occupy home as primary residence

3. Homeowner Screening

Provide a detailed description on how homebuyers will be screened to ensure they can pay their mortgage.

4. Homebuyer CounselingThe new 2013 HOME Rule imposes a new requirement at §92.254(a)(3) that all homebuyers that receive HOME assistance or purchase a HOME-assisted unit must receive housing counseling. Another new provision at §92.214(b)(1)(iii) allows the Developer/Project Owner to charge homebuyers a fee for the cost of housing counseling.

Homebuyer Counseling Yes No

Will all homebuyers that receive HOME assistance or purchase a HOME-assisted unit must receive housing counseling? If no, explain:

Will homebuyers be charged a fee for the cost of housing counseling? If yes, explain:

5. Purchase Price LimitsHOME Rule §92.254(a)(2)(iii) is revised so that Developer/Project Owner is no longer permitted to use the FHA Single Family Mortgage Limit [known as the 203(b) limit] as a surrogate for 95 percent

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of area median purchase price. This change was necessitated by statutory changes to the 203(b) statute, which, over time, increased the FHA Section 203(b) floor. With these increases, the Section 203(b) limits became a less reliable surrogate for 95 percent of area median purchase price. The HOME program statute requires that no housing have a purchase price or after-rehabilitation value that exceeds 95 percent of area median purchase price, in order to ensure that HOME-assisted housing is modest and non-luxury.

HUD will determine and issue limits that represent 95 percent of the area median purchase price separately for newly constructed and existing single family housing units.

HUD-determined limits for newly constructed single family housing units to be developed or acquired with HOME funds, will be based on 95 percent of the median purchase price for the area using FHA single family mortgage program data for newly constructed housing. The County can use the greater of this limit or 95 percent of the statewide nonmetropolitan area median purchase price for newly constructed housing, which will also be provided by HUD.

HUD-determined limits for existing single family housing units being acquired and/or rehabilitated with HOME funds, will be based on 95 percent of the median purchase price of existing housing in the area using data from the FHA single family mortgage program data for existing housing and other appropriate data that are available nationwide for sales of existing housing. The County can use the greater of this limit or 95 percent of the statewide nonmetropolitan area purchase price using this data, which will also be provided by HUD.

The County also continues to have the option to determine the actual 95 percent of area

median value limit for their jurisdiction using the methodology in the regulation at §92.254(a)(2)(iii), which remains unchanged.

Explain which option is best for this Project and why:

6. Property Standards and Requirements


Property is a 1-4 unit property, condo, co-op or manufactured homeThere are no health and safety dangers prior to occupancy and within 6 months of transfer

All program wide property standards must be met within 2 years of property transfer

If acquisition only, purchase price must be less than 95% of area median purchase price

If acquisition and rehab, after-rehab value must be less than 95% of area median purchase price

HOME-funded rental housing projects must meet certain minimum property standards. The following table explains the minimum property standards that apply to rental housing projects. By check marking the activity that applies to the project, applicant is verifying the project will comply with the applicable property standard.

Homebuyer Project Activity Checkmark all Minimum Property Standard to be Met

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that apply

Acquisition of existing housing (no rehabilitation or construction)

Applicable state or local housing quality standards and code requirements.

If no State or local standards/codes apply, Section 8 HQS (Housing Quality Standards) apply.

Must comply with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Executive Order 11063 and HUD regulations issued pursuant thereto so as to promote greater choice of housing opportunities.

Owners must maintain properties in accordance with property standards throughout the affordability period. This will require periodic property inspections and monitoring.

Rehabilitation of housing Local written rehabilitation standards apply to all rehabilitation work. These standards are similar to work specifications, and generally describe the methods and materials to be used when performing rehabilitation activities. The PJ has written rehabilitation standards. If the project is approved, the appropriate rehabilitation standards will be a component of the development agreement.

AND applicable state or local housing quality standards and code requirements.

If no local or state codes apply, one of the following national model codes:

• International Code Council’s (ICC’s) International Residential Code or

• International Code Council’s (ICC’s) International Building Code

AND Minimum Property Standards* at 24 CFR 200.925 or 200.926 (FHA)

AND all assisted housing must meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.

AND Handicapped accessibility requirements, where applicable.



New Construction Applicable state or local housing quality standards and code requirements.

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If no local codes apply, one of the following national model codes:




AND handicapped accessibility requirements, where applicable.

AND new construction requires compliance with the International Energy Conservation Code.

AND all assisted housing must meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 (Refer to Attachment H – Notice CPD-00-09 Section 504).

Units will be maintained to property standards for the entire affordability period



7. Conversion of Unsold Homeownership Units to Rental HousingThe new HOME Rule at §92.254(a)(3) imposes a new requirement that requires conversion of homebuyer housing to rental housing if it does not have a ratified sales contract with an eligible homebuyer within nine months of the completion of construction or rehabilitation. If converted, this rental housing must comply with all provisions of §92.252. If an unsold homebuyer unit is not converted to rental housing, the Developer/Project Owner must repay the HOME funds expended on it.

This new requirement is meant to address the concern that some markets cannot support a homeownership program or absorb units that were meant to address a perceived need but upon completion, there are no eligible buyers to purchase the units. This might be the result of a number of things, such as changes in the market demand during the development process, or invalid assumptions about marketability. The aim of the requirement is to prevent newly developed and decent housing units from sitting vacant.


You acknowledge the requirement that conversion of homebuyer housing to rental housing will occur if it does not have a ratified sales contract with an eligible homebuyer within nine months of the completion of construction or rehabilitation. If converted, this rental housing must comply with all provisions of §92.252 (rental housing

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requirements).If an unsold homebuyer unit is not converted to rental housing, the Developer/Project Owner must repay the HOME funds expended on it.

8. Affordability Period for Homebuyer ProgramsCheckmark all that applies:

You acknowledge the HOME assisted units are subject to resale restrictions during the affordability period based on the amount of HOME assistance.Homebuyer(s) will have less than $15,000 of HOME funds invested per home; therefore the affordability period will be 5 years for the homeowner(s).Homebuyer(s) will have between $15,000-$40,000 of HOME funds invested per home; therefore the affordability period will be 10 years for the homebuyer(s).Homebuyer(s) will have more than $40,000 of HOME funds invested per home; therefore the affordability period will be 15 years for the homebuyer(s).

9. Types of Resale or Recapture RestrictionsHomebuyer housing is subject to resale or recapture requirements during the affordability period. The agency must confirm with the County which requirement is most appropriate. Indicate which one applies and attach a copy of your Resale or Recapture written policy to the application. Refer to the HUD website at: http://www.hud.gov/offices/cpd/affordablehousing/library/modelguides/1997/1674.cfm


Recapture or Resale – the program may only use one or the other, not both

Recapture Option: Owner repays all or a portion of the HOME assistance that enabled the homebuyer to buy the unit - must be recaptured. Recaptured funds must be used to fund additional HOME eligible activities

1. Recapture entire amount of HOME investment or

2. Reduction on a pro rata basis during affordability period or3. Owner investment repaid in full prior to recapture of HOME assistance or

4. Shared proceeds: the homeowner and PJ can share in the proceeds proportionate to their investmentResale Option: Resale if property is sold during period of affordability

1. New purchaser must be low income, and

2. Property must be primary residence of new purchaser, and

3. Price of property must allow for a “fair return” on homeowner’s investment and improvements, and4. Price of property must be “affordable” to a reasonable range of low income purchasers, and4. The subsequent low-income purchaser of a HOME-assisted homeownership unit can assume the existing HOME loan and recapture obligation entered into by the original buyer when no additional HOME assistance is provided to the subsequent homebuyer (In cases in which the subsequent homebuyer needs HOME assistance in excess of the balance of the original HOME loan, the HOME subsidy to the original homebuyer must be recaptured. A separate HOME subsidy must be provided to the new homebuyer, and a new affordability period must be established based on that assistance to the buyer).5. New purchaser must fulfill the terms of remainder of affordability period

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http://www.hud.gov/offices/cpd/affordablehousing/library/modelguides/1997/1674.cfm

http://www.hud.gov/offices/cpd/affordablehousing/library/modelguides/1997/1674.cfm

Yes, we have a written policy that meets HOME requirements – it isattached to the application

10. HOME 25% Match Contribution and Match Credit for Homebuyer ProjectsThe HOME Program requires a matching contribution of 25% of the HOME funds awarded. Other federal funds and contributions may not be counted towards satisfying a matching requirement for the HOME Program. HOME required match information is contained in the HOME Regulations - 24 CFR Part 92.218 - 92.222.

§92.221(d) is a new provision that addresses the issue of match credit in the development of homeownership projects for sale to homebuyers. This provision clarifies that contributions to the development of HOME-assisted or HOME-eligible homeownership projects can “count” toward match credit only (1) in the amount by which the investment reduced the sales price to the homebuyer, or (2) if development costs exceed the fair market value of the housing, in an amount by which the contribution enabled the housing to be sold for less than its development cost. This provision ensures that match credit is a permanent contribution to the housing, and not provided for the value of contributions that are included in the homebuyer’s mortgage (e.g., donated land or construction materials).

This new provision applies only to donations to the development cost of homebuyer housing. Contributions that directly benefit the homebuyer (e.g., downpayment or closing cost assistance from non-federal sources, the yield foregone on below-market interest rate mortgage financing, the direct cost of donated homebuyer counseling) continue to be eligible at face value.

Total amount of non-federal matching funds: $

Describe all sources of matching funds:

Is Match Credit used in the calculation of matching funds?

If Math Credit is used, explain how it is eligible under the new §92.221(d) provision:

When will the funds be available:

11. Maximum Per Unit Subsidy LimitsHOME investment must meet subsidy layering guidelines. Below is the updated maximum per unit subsidy limits for affordable housing projects utilizing funding under the HOME program. In accordance with the HOME regulation at 24 CFR part 92.250, the total amount of HOME funds that may be invested on a per-unit basis in affordable housing may not exceed the per-unit limitations established under Section 221(d)(3)(ii) of the National Housing Act. The following is effective as of January 1, 2011 and has been adjusted to the maximum 240 percent that is allowed. Your agency may not request an amount that exceeds the subsidy limits for your project. See Attachment I: HOME Maximum Per-Unit Subsidy Limits.

Total cost of Project (all funding sources) $

Total amount of HOME funding invested (previously awarded + requested) $

# Bedrooms # of HOME Designated

HOME 221(d)(3) Maximum Subsidy

Maximum Subsidy Calculated per Unit Size

Yes/No: Subsidy Limits for the Units

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Units per Bedroom

Size

Limits* for Project (multiply 2nd

and 3rd columns)

in this Project is Appropriate:

0 $128,698 $

1 $147,530 $

2 $179,398 $

3 $232,080 $

4+ $254,753 $

Total amount of HOME funds invested cannot exceed: $

*Per LA HUD office – effective Jan 1, 2011. Already adjusted to max 240 percent.

12. Subsidy Layering Test and Underwriting RequirementThe 2013 Rule amends §92.250(b) by requiring underwriting of all HOME projects (rental and homebuyer) whether or not the projects are assisted with other governmental assistance. The subsidy layering requirements of the pre-2013 Rule are unchanged. Subsidy layering and underwriting must demonstrate that it is not investing any more HOME funds, alone or in combination with other funds, than are necessary to provide quality, affordable, and financially viable housing for at least the duration of the affordability period. The evaluation must determine a reasonable level of profit or return on the owner’s or developer’s investment in a project.

§92.250(b)(1),(2), and (3) state that the subsidy layering and underwriting guidelines must require the PJ to:

Establish standards to assess the reasonableness of profit or return to the owner or developer, for the size, type, and complexity of the project.

Examine the sources and uses for each project and determine whether the costs are reasonable.

Assess the market conditions of the neighborhood in which the project will be located. Assess the experience and financial capacity of the developer. Determine whether there are firm financial commitments for the project.

Underwriting is required of all HOME projects. A full evaluation of all risks must be conducted. The following chart outlines the most common areas of risk that will be evaluated on the application score sheet. To fulfill the underwriting requirement, complete the attached Homebuyer Underwriting Template, Attachment L, and attach to the application.

Sponsor Risk Financial Risk

Capacity Risk Revenue Risk

Construction Period Risk Cash Flow Risk

Market Risk Risk of Inadequate Sources

Home Compliance Risk Risk of Additional Uses

Design Risk Construction Risk

Environmental Risk Sale of Units Risk

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B. TBRA Activity: Tenant Based Rental Assistance – Section ONLY

Complete this section only if your project is for Tenant Based Rental Assistance. If not, skip to next applicable section and DO NOT include in submitted Application Packet. TBRA is assistance that fills the gap between the amount a family can afford to pay for housing costs (rent and utilities) and the actual cost of housing selected by the family. Your application must meet all requirements listed below.

1. Eligible Uses

The following is a list of eligible uses for TBRA programs - Checkmark all that apply:

Free standing rental assistance to low and very low income familiesA self sufficiency program is (may) be included

Lease-purchase option – rental payments as part of a lease/purchase program for up to 36 monthsTargeted population – local preferences for special needs groups in a broad, community wide program or a program exclusively serving a special needs group(s)Anti-displacement assistance – used to minimize displacement associated with HOME activities

Security deposit assistance only – no utility assistance offered

Security and utility deposit assistance – utility assistance only in conjunction with a TBRA program, security deposits may be provided with or without an ongoing TBRA program

2. Ineligible Uses

The following is a list of ineligible uses for TBRA programs - Checkmark all that apply:

N/A – No ineligible uses

Project based rental assistanceVouchers to homeless persons or overnight or temporary shelters

To duplicate existing rental assistance which already reduces the tenant’s payment to 30% of income

3. Eligible Tenants


All tenants must be low income at or below 80% AMIAt least 90% of HOME units for TBRA must be used to assist families at or below 60% AMI

Remaining 10% of families benefited must have incomes at or below 80% AMI

May be selected with locally established preferences consistent with the ConPlan and Fair Housing lawsThis program will limit TBRA assistance to a special needs population and/or to persons with a specific disability or disabilities. If yes, explain:

4. Special Needs PopulationsThe most significant revision to the tenant selection requirements is the addition of §92.253(d)(3), that provides that the Developer/Project Owner’s tenant selection policies must comply with requirements governing how and when HOME funds may be used for special needs populations. The new regulatory provisions also permit the Developer/Project Owner of HOME-assisted rental

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housing to limit eligibility or give a preference to a particular segment of the population only if the County permits this in its written agreement.

§92.253(d)(3)(i) provides that, while a limitation or preference is permitted, it must not violate nondiscrimination requirements listed in §92.350. The paragraph clarifies that if HOME-assisted housing also receives funding from a federal program that limits eligibility to a particular segment of the population, then that limitation is not in violation of the nondiscrimination requirements. Examples of such federal programs include the Housing Opportunity for Persons with AIDS program, HUD’s homeless programs, HUD’s Section 202 supportive housing for the elderly, and HUD’s Section 811 housing for persons with disabilities.

§92.253(d)(3)(ii) provides that preferences may be given to disabled families who need services offered at a project, if certain conditions are met: (1) the preference must be limited to the population of families (including individuals) with disabilities whose disabilities significantly interfere with their ability to obtain and maintain housing; (2) such families are not be able to obtain and maintain themselves in housing without appropriate supportive services; and (3) such services cannot be provided in a nonsegregated setting.

While this provision in the HOME Rule is new, it reflects current HUD policy on this issue. Generally, separate or different housing or services for individuals with disabilities are not permitted. However, 24 CFR 8.4 permits different or separate housing, aid, benefits, or services to individuals with disabilities (or to any class of individuals with disabilities) from that provided to others in extremely limited circumstances: that is, when necessary to provide qualified individuals with disabilities with housing, aid, benefits, or services that are as effective as those provided to others. Even when separate housing or services are permitted, individuals with disabilities cannot be denied the opportunity to participate in programs that are not separate or different.

Special Needs Population Yes No

Are the tenants for this TBRA program a targeted special needs population(s)?

If yes, explain:

5. Client Screening

Provide a detailed description on how clients will be screened to ensure they can pay their rent.

6. Property Standards and Eligible Units


Unit must be selected by the TBRA recipientMust meet Section 8 Housing Quality Standards (HQS) and LBP standards (if applicable)

Must demonstrate that rents are reasonable, providing comparisons to rents charged for similar unassisted unitsUnits may be publicly or privately owned

TBRA is not eligible for units receiving other rent subsidy (i.e., public housing or Section 8 Sub Rehab) (ask differently)

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7. Amount of Subsidy


Subsidy is for one-time Down Payment Assistance onlyMaximum subsidy = Rent or payment standard minus 30% of the family’s monthly adjusted incomeMust establish a Minimum Tenant Contribution

Subsidy contracts cannot exceed two years

Subsidy contracts can be renewed, based on HOME fund availability

8. Lease Requirements§92.253(a) is revised to require that in all HOME- assisted rental housing, as well as in units occupied by recipients of HOME TBRA, there must be a written lease between the tenant and the Developer/Project Owner of the rental housing. The lease term must be for a period of at least one year, unless a shorter period is mutually agreed upon. A new paragraph §92.253(b)(9) is added to prohibit lease terms that require tenants to accept mandatory supportive services (with an exception for residents of transitional housing).

Owners may only refuse to renew or terminate the lease of a tenant residing in a HOME-assisted unit, if there is good cause. Good cause is defined as: repeated violation of lease terms; violations of federal, State or local law; or for completion of the tenancy period for transitional housing. The 2013 Rule makes two revisions:

A new provision specifies that a tenant’s failure to participate in any required supportive services of transitional housing is a permissible basis for terminating a tenancy or refusing to renew a lease. This provision ensures that transitional housing can be made available to individuals who use the transitional housing for its intended purpose.

The 2013 Rule expressly states that an increase in a tenant’s income does not constitute good cause for termination of, or refusal to renew, a lease. Terminating the occupancy of a tenant whose income increases could result in creating a disincentive for tenants to increase their incomes, in fear that they could lose their housing. This was never the intended HOME program policy and this new provision clarifies this point.

HOME TBRA recipients may return to the PHA’s Waiting List and qualify for the same tenant selection preferences as when they were selected for the HOME assistance.

§ 92.253 Tenant protections and prohibited terms Yes No

I have read and will comply with the provisions outlined above as well as those outlined in Attachment J “Tenant Protections and Prohibited Terms”

9. Recertification


Tenant Income must be recertified at least annuallyRent and assistance is adjusted based on current tenant income and current payment standards

If a participating tenant’s income goes above the Section 8 Low Income Limit at recertification, assistance must be terminated

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10. PortabilityCheckmark all that applies:

You may require tenants to use the TBRA to rent a unit located within the jurisdictionYou may also establish a “portability” program permitting tenants to use the assistance outside the jurisdiction (Inspection and recertification requirements still apply)

11. Affirmative Marketing for TBRAAs outlined in Part III (E)(7) of this application, 92.351 has been revised to extend the applicability of affirmative marketing procedures to all HOME-funded programs, including TBRA. The pre-2013 affirmative marketing requirements were applicable only to HOME assisted projects with five or more HOME units. This section has been further modified to specify that to the extent that any project is implementing tenant preferences, there must be affirmative marketing procedures that apply in the context of the limited/preferred tenant selection policies. For example, a project for homeless persons must be marketed to the universe of persons who would meet the preference. The project could not rely solely on referrals from a specific homeless provider when there are other homeless providers with potential applicants in the market area.


This program does not rely solely on referrals from a specific provider when there are other providers with potential applicants in the market area.This program does rely solely on referrals from a specific provider when there are other providers with potential applicants in the market area. Explain:

12. HOME 25% Match ContributionThe HOME Program requires a matching contribution of 25% of the HOME funds awarded. Other federal funds and contributions may not be counted towards satisfying a matching requirement for the HOME Program. HOME required match information is contained in the HOME Regulations - 24 CFR Part 92.218 - 92.222.



Describe the source of matching funds:

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C. Homeowner Rehabilitation Activity – Section ONLY

Complete this section only if your project is for Owner-Occupied Homeowner Rehabilitation. If not, skip to next applicable section and DO NOT include in submitted Application Packet.


The following is a list of eligible activities for Owner-Occupied Homeowner Rehabilitation - Checkmark all that apply:

For repair, rehab or reconstruction of owner occupied units (Reconstruction is rebuild housing that was standing on the site at time of commitment or facilitate rebuilding efforts after a disaster removes housing from the site within 12 months of the date of destruction)Unit must be brought up to written rehab standards and the unit must be brought up to applicable state or local codeMay not undertake some form of special purpose homeowner repair program such as weatherization programs, emergency repair program or handicapped accessibility programs (However, these types of programs may be undertaken if the property meets or will be brought up to the applicable HOME property standards)

2. Eligible Costs

Checkmark all that applies:Project Hard Costs:___ Meeting rehab standards___ Improvements needed to meet local codes, standards and ordinances___ Essential improvements___ Energy-related repairs or improvements___ Improvements necessary for persons with disabilities___ Abatement of lead-based paint hazards___ Repair or replacement of major housing systems___ Incipient repairs and general property improvements of a non-luxury nature___ Site improvements and utility connections

Project Soft Costs:___ Financing fees___ Credit Reports___ Title binders and insurance___ Recordation fees, transaction taxes___ Legal and accounting fees___ Appraisals___ Architectural/engineering fees, including specifications and job progress inspections___ Project costs incurred by the PJ that are directly related to a specific project___ Refinancing of secured existing debt if the housing is owner-occupied and refinancing allows the overall costs of borrower to be reduced and the housing is made more affordable

3. Homeowner Requirements


Homeowner is Low income (less than 80% AMI)

Must occupy home as primary residence

4. Property Requirements50 | P a g e

Checkmark all that applies:Property is a 1-4 unit property, condo, co-op or manufactured home

Meets Property Standards as described in Section E

After rehab, value must be less than 95% of area median purchase price

5. Affordability

Checkmark all that applies:No long term occupancy or affordability requirements in rule (PJ may determine)





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D. Rental Housing Activity – Section ONLY

Complete this section only if your project is for Rental Housing. Your application must meet all requirements listed below. If this section is not applicable, DO NOT include in submitted Application Packet.


The following is a list of eligible activities for Rental Housing - Checkmark all that apply:Acquisition

RehabilitationReconstruction (rebuild housing that was standing on the site at time of commitment or facilitate rebuilding efforts after a disaster removes housing from the site within 12 months of the date of destruction)New Construction

2. Section 504 of the Rehabilitation Act of 1973 New construction - of multifamily rental projects, a minimum of 5 percent of the dwelling units in the project (but not less than one unit) must be accessible to individuals with mobility impairments. An additional 2 percent of the dwelling units (but at a minimum, not less than one unit) must be accessible to individuals with sensory impairments (i.e. hearing or vision impairments). Cannot be the same units and calculations must round-up to the nearest whole number.

Substantial alterations - Section 504 requires that if alterations are undertaken to a housing project that has 15 or more units, and the rehabilitation costs wall be 75 percent or more of the replacement cost of the completed facility, then such developments are considered to have undergone "substantial alterations" (24 CFR §8.23 (a)). For substantial alterations of multifamily rental housing, the accessibility requirements contained in 24 CFR §8.22 must be followed -- a minimum of 5 percent of the dwelling units in the project (but not less than one unit) must be accessible to individuals with mobility impairments, and an additional 2 percent, at a minimum (but not less than one unit), must be accessible to individuals with sensory impairments.Other alterations - When other alterations that do not meet the regulatory definition of substantial alterations are undertaken in multifamily rental housing projects of any size, these alterations must, to the maximum extent feasible, make the dwelling units accessible to and usable by individuals with disabilities, until a minimum of 5 percent of the dwelling units (but not less than one unit) are accessible to people with mobility impairments, unless HUD prescribes a higher number pursuant to 24 CFR 8.23(b)(2). If alterations of single elements or spaces of a dwelling unit, when considered together, amount to an alteration of a dwelling unit, then the entire dwelling unit shall be made accessible. For this category of rehabilitation the additional 2 percent of the dwelling units requirement for individuals with sensory impairments does not apply. Alterations to common spaces must, to the maximum extent feasible, make those areas accessible. A recipient is not required to make a dwelling unit, common area, facility or element accessible, if doing so would impose undue financial and administrative burdens on the operation of the multifamily housing project. (24 CFR §8.23(b)) Therefore, recipients are required to provide access in covered alterations up to the point of being infeasible or an undue financial and administrative burden.

Refer to Attachment H – Notice CPD-00-09 Section 504

Yes No Section 504 of the Rehabilitation Act of 1973 for multifamily rental projects – check all that apply

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This is a multifamily rental project (if no, skip to next Section)

New Construction-5% of dwelling units in project (not less than 1) must be for mobility impairments; plus 2% (but not less than 1) for sensory impairment (hearing or vision)Substantial Rehabilitation- project with 15 or more units where rehab costs are 75% or more of the replacement costs of the completed facility, same requirements as new constructionOther Alternations: rehab of any size multi family, must to max extent feasible, make 5% of dwelling units in project (not less than 1) must be for mobility impairments, 2% sensory does not apply-must prove undue financial/admin burden to waive this requirement

If Section 504 applies, list the number of units for each requirement for this Project:

5% of dwelling units in project (not less than 1) must be for mobility impairments

Plus 2% (but not less than 1) for sensory impairment (hearing or vision)

3. Affordability Period for Rental Housing


You acknowledge that tenant incomes and rents are strictly controlled during the affordability periodYou acknowledge affordability varies based on the amount of HOME invested and the activity undertaken falls under one of the following:

Rehab or acquisition of existing housing: <$15,000 = 5 years

Rehab or acquisition of existing housing: $15,000-$40,000 = 10 years Rehab or acquisition of existing housing: >$40,000 = 15 years

Refinancing of existing rental housing: = 15 years New construction/acquisition of new housing: = 20 years

Longer Affordability Period due to other lender requirements ( state # of years):

4. Occupancy Requirements


Occupancy Requirements for Rental Housing

All assisted units occupied by tenants are at least below 80% AMI

90% of initial occupants must have incomes at or below 60% AMI

Remaining 10% of families benefited must have incomes at or below 80% AMIIn rental projects with 5 or more HOME assisted units, at least 20% of the HOME units must be occupied by families with incomes that do not exceed 50% AMI (see next section)HOME occupancy requirements are compatible with other financing agency occupancy requirements for this ProjectOwners must adopt written tenant selection policies and procedures. Checkmark if you have one and, if so, attach a copy to the application.

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If you do not have one explain:

Refer to Attachment K: Rent and Occupancy Requirements, for further guidance on occupancy regulations.

5. Special Needs PopulationsThe most significant revision to the tenant selection requirements is the addition of §92.253(d)(3), that provides that the Developer/Project Owner’s tenant selection policies must comply with requirements governing how and when HOME funds may be used for special needs populations. The new regulatory provisions also permit the Developer/Project Owner of HOME-assisted rental housing to limit eligibility or give a preference to a particular segment of the population only if the County permits this in its written agreement.

§92.253(d)(3)(i) provides that, while a limitation or preference is permitted, it must not violate nondiscrimination requirements listed in §92.350. The paragraph clarifies that if HOME-assisted housing also receives funding from a federal program that limits eligibility to a particular segment of the population, then that limitation is not in violation of the nondiscrimination requirements. Examples of such federal programs include the Housing Opportunity for Persons with AIDS program, HUD’s homeless programs, HUD’s Section 202 supportive housing for the elderly, and HUD’s Section 811 housing for persons with disabilities.

§92.253(d)(3)(ii) provides that preferences may be given to disabled families who need services offered at a project, if certain conditions are met: (1) the preference must be limited to the population of families (including individuals) with disabilities whose disabilities significantly interfere with their ability to obtain and maintain housing; (2) such families are not be able to obtain and maintain themselves in housing without appropriate supportive services; and (3) such services cannot be provided in a non-segregated setting.

While this provision in the HOME Rule is new, it reflects current HUD policy on this issue. Generally, separate or different housing or services for individuals with disabilities are not permitted. However, 24 CFR 8.4 permits different or separate housing, aid, benefits, or services to individuals with disabilities (or to any class of individuals with disabilities) from that provided to others in extremely limited circumstances: that is, when necessary to provide qualified individuals with disabilities with housing, aid, benefits, or services that are as effective as those provided to others. Even when separate housing or services are permitted, individuals with disabilities cannot be denied the opportunity to participate in programs that are not separate or different.

Special Needs Population Yes No

Are the tenants for this TBRA program a targeted special needs population(s)?

If yes, explain:

6. Initial Occupancy of Vacant UnitsThe introductory paragraph to §92.252 is revised to adopt two deadlines within which HOME-assisted rental housing must be occupied by low-income households. Acknowledge the following:

Acknowledge the requirement

Initial Occupancy of Vacant Units Requirements

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by checkmarking box

Within six months from the date of project completion, if a rental unit remains unoccupied, the Developer/Owner must provide to the County information about current marketing efforts and, if appropriate, an enhanced plan for marketing the unit so that it is leased as quickly as possible. This report must be sent to HUD.Within 18 months from the date of project completion, if efforts to market the unit are unsuccessful and the unit is not occupied by an eligible tenant, HUD will require repayment of all HOME funds invested in the unit. A unit that has not served a low- or very low-income household has not met the purposes of the HOME program. Therefore, the costs associated with the unit are ineligible.

7. High and Low Rent RequirementsThe HOME rent limits are the maximum rents that can be charged to an income-eligible tenant residing in HOME assisted unit. Every HOME assisted project is subject to maximum High and Low Rent limits designed to help make rents affordable to low- and very low-income households throughout the affordability period. These maximum rents are referred to as “HOME Rents.” HUD annually updates and publishes a list of HOME Program Rent limits; the most current version is located in Attachment A – Adjusted HOME Income Limits and HOME Program Rents.

High HOME rent limits are the maximum rents that can be charged to low-income households.

Low HOME rent limits only apply to projects with five or more HOME assisted units. Low HOME rent limits are the maximum rents that can be charged to very low-income households that must reside in at least 20 percent of the units in properties with more than five HOME-assisted units.

Utilities are included in the HUD-published HOME rent limits (Attachment “A” – “Adjusted HOME Income Limits and HOME Program Rents”). When a tenant pays directly for utilities, the rental manager must subtract a County-approved utility allowance (see next section) to determine the maximum rent that can be charged for the unit.

HUD updates the HOME rent limits every year. If the rent limits go up and utility costs remain steady, the owner can raise rents accordingly. If the HOME rent limits go down or the utility costs go up, the owner may be required to decrease rents. The owner is never required to decrease rents below the initial rents approved by the County at the time of project commitment, although market conditions may make it necessary to do so. Rent adjustments must be made in accordance with the tenant’s lease.

The County must approve all rent schedules for a property prior to lease-up. The County must also approve all rent increases during the affordability period.

For this HOME assisted Project, the Developer/Project Owner shall be responsible for ensuring that the appropriate rent is levied. The Developer/Project Owner, when submitting the Project Operating Pro Forma, shall show the HUD Rent Limits (based on bedroom size) minus the utility allowance. This produces the maximum HOME Rents that may be charged for each unit size. Utility adjustments proposed by the Developer/Project Owner for specific projects that differ from the PHA utility allowance must be approved by the County and must be supported by documentation. The actual unit rents can be less but not more than the HOME limits. For Low HOME units, eligibility is determined based on gross not adjusted income.

The HUD HOME Program initial High and Low Rent Limits schedule per bedroom is:55 | P a g e

Effective June 1, 2013 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BRLow Rent Limit $782 $838 $1005 $1,161 $1,295 $1,429 $1,562High Rent Limit $934 $1,069 $1,284 $1,475 $1,626 $1,776 $1,926

By checking this box, the Developer/Project Owner acknowledges that:

The Project rent schedule must be submitted to the County for approval prior to lease-upDuring the entire affordability period, the Owner/Property Manager must submit all rent increases affecting HOME assisted units for approval prior to implementation

8. Utility AllowancesThe County is required to establish monthly allowances for utilities and services (excluding telephone) and to update them annually. A new HOME Rule provision at §92.252(d) requires the County to determine an individual utility allowance for each HOME rental project, either (1) by using the HUD Utility Schedule Model, or (2) by otherwise determining the allowance based upon the specific utilities used at the project.

The HUD Utility Schedule Model was developed by HUD and enables the user to calculate utility schedules by housing type after inputting utility rate information. The IRS uses this model to determine utilities for the LIHTC program. The model can be found at: http://huduser.org/portal/resources/utilmodel.html.

Under the pre-2013 Rule, PJs were required to adopt utility allowances, either by developing their own utility allowances, adopting the utility allowance of the public housing authority, or establishing project-specific allowances. PJs are no longer permitted to use a single utility allowance (such as that established by the local PHA) for every HOME-assisted rental project. This is because as more projects are constructed or rehabilitated to higher energy-efficiency standards, the use of a standard utility allowance that may not represent actual utility costs and is difficult to justify.

Provide feedback and justification on which option best meets the needs of the Project: the HUD Utility Schedule Model or a determined allowance based upon the specific utilities used at the Project:

9. The Project RuleThe Project Rule applies when the project has 5 or more HOME assisted units. If there are 5 or more HOME assisted units, at least 20% of the units must be occupied by families at or below 50% AMI and 20% of the units must be at the Low HOME Rent Limit. HUD requires all calculations be rounded up to the nearest whole number.


Number of HOME Assisted Units:

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http://huduser.org/portal/resources/utilmodel.html

The Project Rule does not apply because there are less than 5 HOME assisted units (Skip to next section)The Project Rule does apply because the Project has 5 or more HOME assisted units. If yes, continue below.

Calculate and Insert Project Rule Data:

Total number of units in the Project:

Total number of HOME assisted units:

20% of the total number of HOME assisted units will be at Low Rent Limits:

20% of the total number of HOME assisted units will be at or below 50% AMI:

Comments:

Project Rule 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BRLow Rent Limit: $782 $838 $1005 $1,161 $1,295 $1,429 $1,562Identify # of HOME Units at Low Rent Limit per bedroomIdentify # of HOME Units at or below 50% AMI per bedroom

10. Single Room Occupancy (SRO) Unit RentsThe new 2013 Rule redesignates paragraph §92.252(c) to address the rent limits imposed on SRO housing. These requirements codify long-established administrative guidance setting the applicable rent limits for SRO units, as are conveyed in HUD Notice CPD 94-01, Using HOME Funds for Single Room Occupancy (SRO) and Group Housing, issued January 1994.

Rent limits for SRO units with no sanitary or food preparation facilities, or only one of the two: The maximum rent that can be charged for a SRO unit is 75 percent of a zero-bedroom fair

market rent (FMR). There are no Low HOME rent limits established for these SRO projects. However, in SRO projects with five or more HOME-assisted units, at least 20 percent of the units must be occupied by very low-income households. If a unit in a SRO project has a project-based voucher and the occupant is very low-income, the project-based voucher rent may be charged in accordance with the HOME Low HOME rent requirements in §92.252(b)(2).

Rent limits for SRO units that have both sanitary and food preparation facilities The High HOME rent limit is set at the lesser of the FMR or the HUD-issued High HOME rent

for the area, for a 0-bedroom unit. The Low HOME rent limit is set at the lesser of the HOME-issued Low HOME rent limit, 30

percent of the monthly adjusted income for a very low-income family, or the FMR for a 0-bedroom unit. If a unit in a SRO project has a project-based voucher and the occupant is very low-income, the project-based voucher rent may be charged in accordance with the HOME Low HOME rent requirements in §92.252(b)(2).

In projects with five or more HOME-assisted units, at least 20 percent of the units must be occupied by very low-income tenants who pay no more than the Low HOME rent.

Single Room Occupancy (SRO) Unit Rents Yes No

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This project has SRO units. If no, skip to next Section 9.

The SRO Project has no sanitary or food preparation facilities, or only one of the two

The SRO Project has both sanitary and food preparation facilities

We are prepared to meet the Unit Rents requirements for this type of facility

11. HOME and Tax Credits


This Project has tax credit financing. If yes, continue below.

This Project does not have tax credit financing. If no, this Section does not apply - skip and go to next Section.


Occupancy Requirements for Rental Housing

9% credit is allowed and will be used - combining HOME and tax credits

If the 9% credit is used with HOME as below market interest loan then the project is not eligible for 130% eligible basis in qualified census tracts or difficult to develop areas

If the 9% credit is used with HOME as below market interest loan then there is a LIHTC threshold where at least 40% of assisted units must be rented to tenants with incomes <50% AMI

If the 9% credit is used with HOME as below market interest loan then rents must conform to BOTH HOME and Tax Credit Limits

Describe any impact tax credit financing will have when combined with HOME funding (ie. Affordability Period, etc.):





13. Property Standards and RequirementsHOME-funded rental housing projects must meet certain minimum property standards. The following table explains the minimum property standards that apply to rental housing projects. By

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check marking the activity that applies to the project, applicant is verifying the project will comply with the applicable property standard.

Rental Housing Activity Checkmark all that apply

Minimum Property Standard to be Met

Acquisition of existing housing (no rehabilitation or construction)


If no State or local standards/codes apply, Section 8 HQS (Housing Quality Standards) apply.



Rehabilitation of housing Local written rehabilitation standards apply to all rehabilitation work. These standards are similar to work specifications, and generally describe the methods and materials to be used when performing rehabilitation activities. The PJ has written standards for the rehabilitation of multi-family units, senior rental housing and SRO (Single Room Occupancy) projects. If the project is approved, the appropriate rehabilitation standards will be a component of the development agreement.

AND applicable state or local housing quality standards and code requirements.

If no local or state codes apply, one of the following national model codes:




AND all assisted housing must meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973.

AND Handicapped accessibility requirements, where applicable.


Owners must maintain properties in accordance with

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property standards throughout the affordability period. This will require periodic property inspections and monitoring.

New Construction of Rental Projects


If no local codes apply, one of the following national model codes:




AND handicapped accessibility requirements, where applicable.

AND new construction requires compliance with the International Energy Conservation Code.

AND all assisted housing must meet the accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act of 1973 (Refer to Attachment H – Notice CPD-00-09 Section 504).

Must meet Site and Neighborhood Standards at 24 CFR 983.57(e)(2) and (3) (cannot concentrate housing). Applies only to new construction of rental housing. The Developer/Project Owner shall ensure the HOME assisted units are dispersed throughout the Project and shall not congregate Home assisted units in one area of the Project or one building in multi-building projects. This places limiting conditions on building in areas of "minority concentration" and those that are "racially mixed.” Housing provided through the HOME program must promote greater choice of housing opportunities. HOME-provided housing must be suitable from the standpoint of facilitating and furthering full compliance with the Title VI of the Civil Rights Act - 1964, the Fair Housing Act and Executive Order 11063.

Units will be maintained to property standards for the entire affordability period



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14. Long Term Income and Rent Compliance


Tenant income will be recertified annually during affordability period.If income increases above 80% AMI, rent must be increased to the lesser of market rent or 30% of tenant’s adjusted income (rent is not increased with Tax Credit units)Rents must be submitted and approved by the County annually for all HOME assisted units*

Onsite file reviews and unit inspections will occur annually for projects of 26 or more unitsOnsite file reviews and unit inspections will occur every two years for projects of 5-25 unitsOnsite file reviews and unit inspections will occur every three years for projects of 1-4 units

*The 2013 Rule amends §92.252(f)(2) to require the County to review and approve the rents for each HOME-assisted rental project each year to ensure that they comply with the HOME limits and do not result in undue increases from the previous year. In the pre-2013 Rule, the County was required to approve initial rents, then provide the published maximum HOME rents to project owners, and examine reports submitted by owners that report the rents and occupancy data of all HOME-assisted units on an annual basis. The new requirement ensures the County expressly examine and approve the rents for each project annually.

15. Description of HOME Designated Units for this project

Total number of units in project (Include Manager’s unit):

# Identify Manager unit:

Total number of HOME designated units:

#

Total number of 0 bedroom units: Total number of 0 bedroom HOME designated units:







Type of HOME Unit Designation Throughout Affordability Period Yes No

Will HOME designated units be fixed units (same units over time):

Will HOME designated units be floating units (different units over time):

If floating, are HOME designated units comparable throughout the affordability period (they will always be similar in size and number of bedrooms and amenities)?

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16. Maximum Per Unit Subsidy LimitsHOME investment must meet subsidy layering guidelines. Below is the updated maximum per unit subsidy limits for affordable housing projects utilizing funding under the HOME program. In accordance with the HOME regulation at 24 CFR part 92.250, the total amount of HOME funds that may be invested on a per-unit basis in affordable housing may not exceed the per-unit limitations established under Section 221(d)(3)(ii) of the National Housing Act. The following is effective as of January 1, 2011 and has been adjusted to the maximum 240 percent that is allowed. Your agency may not request an amount that exceeds the subsidy limits for your project. See Attachment I: HOME Maximum Per-Unit Subsidy Limits.

Total cost of Project (all funding sources) $

Total amount of HOME funding invested (previously awarded + requested) $

# Bedrooms # of HOME Designated Units per Bedroom

Size

HOME 221(d)(3) Maximum Subsidy

Limits*

Maximum Subsidy Calculated per Unit Size for Project (multiply 2nd

and 3rd columns)

Yes/No: Subsidy Limits for the Units

in this Project is Appropriate:

0 $128,698 $

1 $147,530 $

2 $179,398 $

3 $232,080 $

4+ $254,753 $

Total amount of HOME funds invested cannot exceed: $

*Per LA HUD office – effective Jan 1, 2011. Already adjusted to max 240 percent.

17. COMPLETE ONLY IF HOME UNITS ARE “COMPARABLE” - CALCULATIONS FOR MINIMUM NUMBER OF HOME DESIGNATED COMPARABLE UNITS (Skip to the next Section if HOME units are “Not Comparable”):Calculate the following to determine the minimum number of Comparable HOME units required. The minimum number of Comparable HOME units is the GREATER of Fair Share number of units OR the number determined by the Subsidy Limit Test.

Fair Share Calculation:

1. Total cost of Project (all funding sources) divided by Total HOME Investment = % of Fair Share

Total cost of project: $ Divided by total HOME invested: $ = %

2. Take % of Fair Share x Total number of units in project = Minimum number of Fair Share HOME units

% Multiplied by total number of units in entire project:

= Minimum number of Fair Share HOME units:

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Subsidy Limit Test Calculation:

Total HOME Investment divided by 221(d)(3) Subsidy Limit for the Comparable number of bedroom units = Minimum number of Subsidy Limit HOME units

Total HOME Investment:

$

Divided By 221(d)(3) Subsidy Limit for comparable units:

$ =Minimum number of Subsidy Limit HOME units:

Minimum Number of Comparable HOME Units:The minimum number of Comparable HOME units is the GREATER of Fair Share number of units OR the number determined by the Subsidy Limit Test.Calculated Minimum number of Fair Share HOME units:

Calculated Minimum number of Subsidy Limit HOME units:

The Minimum number of Comparable HOME units:

18. COMPLETE ONLY IF HOME UNITS ARE “NOT COMPARABLE”: CALCULATIONS FOR MAX HOME INVESTMENT FOR NOT COMPARABLE HOME UNITS (Skip and go back to Section 11 if HOME units are “Comparable”):Unit-by-unit ACTUAL costs: Is HOME paying no more than the actual costs of the HOME units in the project plus a pro-rata (fair share) of the common costs?

Not Comparable HOME unit Calculation:

1. Total cost of Project (all funding sources) minus Common space cost = Total cost of housing units

Total cost of project: $Minus total Common space cost:

$ = $

2. Total square footage of all housing units divided by total square footage of all HOME assisted units

= % of HOME assisted square footage

Total sq footage of all housing units #

Divided by total square footage of all HOME assisted units

# = %

3. Take % of HOME assisted square footage x Total housing cost = $ Total HOME housing cost

% of HOME assisted square footage % Multiplied by total

housing cost $ = $

4. Take % of HOME assisted square footage x Common space cost

= $ HOME portion of Common space cost

% of HOME assisted square footage %

Multiplied Common space cost

$ = $

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5. Take HOME housing cost + HOME portion of Common space cost = $ Max HOME Investment

HOME housing Cost $

Add to HOME portion of Common space cost

$ = $

Maximum HOME Investment $

19. Lease Requirements§92.253(a) is revised to require that in all HOME- assisted rental housing, as well as in units occupied by recipients of HOME TBRA, there must be a written lease between the tenant and the Developer/Project Owner of the rental housing. The lease term must be for a period of at least one year, unless a shorter period is mutually agreed upon. A new paragraph §92.253(b)(9) is added to prohibit lease terms that require tenants to accept mandatory supportive services (with an exception for residents of transitional housing).

Owners may only refuse to renew or terminate the lease of a tenant residing in a HOME-assisted unit, if there is good cause. Good cause is defined as: repeated violation of lease terms; violations of federal, State or local law; or for completion of the tenancy period for transitional housing. The 2013 Rule makes two revisions:

A new provision specifies that a tenant’s failure to participate in any required supportive services of transitional housing is a permissible basis for terminating a tenancy or refusing to renew a lease. This provision ensures that transitional housing can be made available to individuals who use the transitional housing for its intended purpose.

The 2013 Rule expressly states that an increase in a tenant’s income does not constitute good cause for termination of, or refusal to renew, a lease. Terminating the occupancy of a tenant whose income increases could result in creating a disincentive for tenants to increase their incomes, in fear that they could lose their housing. This was never the intended HOME program policy and this new provision clarifies this point.

§ 92.253 Tenant protections and prohibited terms Yes No

I have read and will comply with the provisions outlined above as well as those outlined in Attachment J “Tenant Protections and Prohibited Terms”

20. Subsidy Layering Test and Underwriting RequirementThe 2013 Rule amends §92.250(b) by requiring underwriting of all HOME projects (rental and homebuyer) whether or not the projects are assisted with other governmental assistance. The subsidy layering requirements of the pre-2013 Rule are unchanged. Subsidy layering and underwriting must demonstrate that it is not investing any more HOME funds, alone or in combination with other funds, than are necessary to provide quality, affordable, and financially viable housing for at least the duration of the affordability period. The evaluation must determine a reasonable level of profit or return on the owner’s or developer’s investment in a project.

§92.250(b)(1),(2), and (3) state that the subsidy layering and underwriting guidelines must require the PJ to:

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Establish standards to assess the reasonableness of profit or return to the owner or developer, for the size, type, and complexity of the project.

Examine the sources and uses for each project and determine whether the costs are reasonable.

Assess the market conditions of the neighborhood in which the project will be located. Assess the experience and financial capacity of the developer. Determine whether there are firm financial commitments for the project.

Underwriting is required of all HOME rental projects. A full evaluation of all risks must be conducted. The following chart outlines the most common areas of risk that will be evaluated on the application score sheet.

Sponsor Risk Operating Expense Risk

Capacity Risk Capital Needs Risk

Construction Period Risk Cash Flow Risk

Market Risk Risk of Inadequate Sources

Home Compliance Risk Risk of Additional Uses

Design Risk Operating Expense Risk

Environmental Risk Construction Risk

Financial Risk Lease-up Risk

Revenue Risk

To fulfill the Subsidy Layering Test requirements, complete the Underwriting Template located on the HUD website below and attach to the application.

http://www.hud.gov/offices/cpd/affordablehousing/training/web/underwriting/template.cfm

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http://www.hud.gov/offices/cpd/affordablehousing/training/web/underwriting/template.cfm

Part V - PRELIMINARY ENVIRONMENTAL REVIEW



All HOME Projects (with the exception of Homebuyer Assistance and TBRA programs) must complete the Preliminary Environmental Review for compliance with the National

Environmental Protection Act (NEPA).

All projects proposed for HOME funding must receive National Environmental Protection Act (NEPA) clearance. NEPA is federal environmental protection legislation that is similar, yet often more restrictive than, the California Environmental Quality Act (CEQA). Applicants should be aware that no HUD money may be used to fund projects that cannot receive NEPA clearance. This is an extremely important requirement that is often overlooked or misunderstood.

HOME projects that have been selected and then approved by the Board of Supervisors cannot be funded until certain federal environmental and contract compliance conditions have been met. The required NEPA environmental review (ER) must be completed prior to the execution of the contract. If the ER is not completed within the specified timeframe, the HOME funding will be reprogrammed for use on a different contingency project unless County staff determines that the project is in substantial compliance with the specified timeline and there is a reasonable expectation that the review will be completed within an additional 30 days.

All projects that comprise a component of a larger project, such as site acquisition or predevelopment/design costs for a housing development, shall complete the ER process required for the completed larger project determined to be eligible for HOME funding (For example, if a HOME-assisted project is a new construction project, but the HOME funds are used for acquisition of vacant land for the project, the environmental review is based on new construction of housing, as well as the acquisition of the land). As applicable, the project also must receive local environmental clearance in accordance with the requirements of the California Environmental Quality Act (CEQA).

The ER process is the responsibility of the applicant however, prior to submitting a funding application, contact should be made with County staff in order to determine the level of ER that will be required. When the environmental clearance work for NEPA is defined as categorically excluded, with no ground-disturbing activities and exempt projects as required by NEPA, it may be performed by County staff. The EA is the responsibility of the applicant and must be completed by a qualified contractor. However, once the applicant obtains a completed EA, County staff must sign off on it before it can move onto the publication process.

NEPA-compliant ERs of those projects requiring an Environmental Impact Statement (EIS) or detailed EA, those which are located in the 100 year floodplain where an extensive eight step environmental procedure is required, and those involving ground-disturbing activities or historic buildings or sites, are the responsibility of the applicant. The applicant must pay the cost of this work, including the costs of hiring consultants, publication and printing. The cost of all NEPA-required work may be reimbursed with HOME funding if it is included in the proposed project budget. The applicant must provide the County with documentation verifying the satisfaction of any mitigation measures described in the EIS, EA or Statutory Worksheet.

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The County will be responsible for the publication of a Finding of No Significant Impact (FONSI) and the County will bear the costs for publication of the FONSI.

Complete the following “Preliminary Environmental Review” worksheet to demonstrate the level of ER that is required and what has been accomplished to date. All HOME Projects (with the exception of Homebuyer Assistance and TBRA programs) must complete this worksheet for initial NEPA compliance.

A. Project Information

Project Name

Assessor's Parcel Number of Project Site. Please provide a Legal Description and location map and attach them to this application.

Parcel Size.

Project Type (Check all that apply). _____ New Construction ____ Rehabilitation

_____ Acquisition ____ Demolition

_____ Site Improvements ____ Reconstruction

_____ Other __________ ____ Conversion

Has this project previously received NEPA environmental clearance? If yes, attach a copy of the Environmental Review.

Yes No Unknown (Please circle one)

Year clearance completed ________

B. Historic Preservation

Note the year that each of the structure(s) on the parcel was constructed.

Are any of the structures designated or eligible for listing on the National Register or Historic Places?


Please indicate how these structures are currently used (i.e., real estate office, residential apartment, etc.).

Are any of the structures considered of local historic significance? If yes, cite the source.


If any of the structures have been remodeled, please note when the remodeling occurred and which portions of the building were impacted.

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C. Local Land Use Review

What is the local land use authority for this site? (City or unincorporated County)What is the zoning for this parcel?(Contact the local Planning Department)

Is the project’s land use consistent with the zoning designation?


What is the General Plan and/or Area Plan Designation?

(Contact the local Planning Department)Is the project’s land use consistent with the General Plan and/or Area Plan Designation?


Please list the local permits required to approve the proposed project (e.g. site approval/conditional use permit, planned development permit, etc).

Have the listed permit applications been initiated? Please note the status of any required permit applications.

Has a CEQA environmental document already been prepared for this project by the local Planning Department or is this review in process? If completed, what was the determination (i.e., MND, ND, EIR, etc.)?

Has a NEPA review or an Environmental Assessment for this project already been completed or is this review in process by another agency?

D. Environmental Compliance Checklist

Please describe the project site, the existing or proposed structures, and the existing land use. Submit one or more photos of the existing site (one set of photos with original application).

Has a Phase I Site Assessment Report been completed for this project?


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Has an Archaeological Phase I Survey been completed for this site?


Is the Project located near areas where flammable, explosive, or toxic chemicals are stored or transported? If so, describe.

Please note the land uses surrounding the proposed project site.

Is the project site within line-of-sight of an arterial roadway or railway? List the name of the road/railroad and the distance to the nearest proposed structure(s) on the site.

Will this project create noise sensitive uses? For instance, is this a new residential project that will house families? If so, have noise attenuation measures been incorporated into the proposed project?

Is the project site located on existing or previously cultivated farmland?

Is the project site in either a 100-year or 500-year floodplain? If so, please describe. (Contact the local Public Works Department for the site’s flood zone designation)

Is the project located in or near a wetlands area?

Approximately how far is the project site from the nearest airport?

E. Additional Questions for Rehabilitation of Existing Structures

Describe the rehabilitation activities in detail. Will the existing structure(s) be expanded? Will rehabilitation impact any external elements of the building(s)? To what extent will demolition of existing building structures or elements play a role in the rehabilitation?

Have the structure(s) been tested for asbestos, mold, or lead-based paint? If so, will the proposed rehabilitation disturb these substances?

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Part VI – HOME APPLICATION CERTIFICATIONS

A. HOME Application Checklist

To be considered for funding, applications must be completed with the following documents attached at the time of submission. All items are required unless otherwise noted. If an applicable item is not included, provide a detailed statement as to why.

Organization Name: ___________________________________________________________

Proposed Project Name: ________________________________________________________

Total HOME Funding Requested: $________________________________________________

Total Project Cost: $____________________________________________________________

Check if Included

Check if NOT

ApplicableApplication Information/Documentation

Application – Original with wet signature and one copy

Application – in WORD format sent via e-mail or on CD-ROM

HOME Application Certification

Governing Board Resolution

Organization By-Laws

Charter of Articles of Incorporation

Organizational Chart

List of Board of Directors and affiliations

Non-Profit Determination letters from the IRS and the State Franchise Tax Board (Form 501.3.c)

Evidence of Insurance – copy of current insurance coverage

Resume – attach the resume of the lead construction developer on staff that will be responsible for the project

Most Recent Audited Financial Statement

5 Year Financial Plan

MOU’s or commitment letters with partnering agency(ies) or other entity(ies)

Site Plans

Architect Certification

Market Study

Site Control Documentation

Local jurisdiction’s letter/resolution of project approval and financial support and participation

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Letters of Commitment or MOU’s from other funding sources

Written Tenant Selection Policies and Procedures (Rental/TBRA only)

Homeowner Assistance Program – Resale or Recapture Policy

Relocation Plan

Occupancy Standards

Affirmative Marketing Plan

Income Verification Documents

Construction Sources and Uses Statement

Permanent Sources and Uses Statement

Project pro forma

Operating Budget

Universal Application (UA – for Tax Credit Applicants only)

HUD’s Underwriting Template for Rental Projects

Underwriting for Homebuyer Projects (Attachment L)

Section 3 Plan

Preliminary Environmental Review

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B. Agency Certification

Agency Certification

The undersigned agency hereby certifies that:

a. The information contained herein and in the attached HOME Funding Application and Checklist is complete and accurate;

b. The agency has the staffing capacity and experience to comply with all HOME requirements as referenced in this application and on associated HUD links.

c. The agency shall comply with all federal and County policies and requirements applicable to the HOME program as appropriate for the funding if received;

d. The federal assistance made available through the HOME program funding is not being utilized to substantially reduce the prior levels of local financial support for community development activities; and,

e. If HOME funds are approved in the requested amount, then to the best of your knowledge, sufficient funds will be available to complete the project as proposed.

_____________________________________________(Name of Agency)

_____________________________________________(Typed Name of Agency Official)

_____________________________________________(Title of Agency Official)

_____________________________________________(Agency Official Signature)

_____________________________________________(Date of Signature)

_____________________________________________(Telephone Number of Agency Official)

_____________________________________________(Email address of Agency Official)

The following certification must be completed and signed by an authorized agency representative to be further considered for HUD program funding.

Part VII – ATTACHMENTS 72 | P a g e

A. ATTACHMENT A: HOME INCOME AND RENT LIMITS

B. ATTACHMENT B: FEDERAL REQUIREMENTS 24 CFR PART 5, SUBPART A

C. ATTACHMENT C: HOME APPLICATION SCORE SHEET

D. ATTACHMENT D: CONFLICT OF INTEREST CPD 98-09

E. ATTACHMENT E: CONFLICT OF INTEREST HOME FINAL RULE 92.356

F. ATTACHMENT F: HOME MARKET STUDY REQUIREMENTS

G. ATTACHMENT G: DEFINITION OF INCOME SECTION 8 (PART 5)

H. ATTACHMENT H: NOTICE CPD-00-09 SECTION 504

I. ATTACHMENT I: HOME MAXIMUM PER-UNIT SUBSIDY LIMITS

J. ATTACHMENT J: TENTANT PROTECTIONS AND PROHIBITED TERMS

K. ATTACHMENT K: RENT AND OCCUPANCY REQUIREMENTS

L. ATTACHMENT L: UNDERWRITING HOMEBUYER PROJECTS

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