HomeMy WebLinkAboutResolution 95-37 05/15/1995
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ATTACHMENT 3
RESOLUTION NO. 95-37
A RESOLUTION ADOPTING PROPOSED AMENDMENTS TO THE SUBSTANTIAL HOME
REHABILITATION LOAN PROGRAM POLICIES
WHEREAS, the City of Springfield has determined it is desirable to make various changes to
the policies regulatinQ the City's Substantial Home Rehabilitation Loan Program; and
WHEREAS, the City of Springfield possesses the legal authority to make such changes and
the proposed changes do not conflict with Federal regulations governing the funding of the
Substantial Home Rehabilitation Loan Program;
NOW, THEREFORE, BE IT RESOLVED THAT THE SUBSTANTIAL HOME REHABILITATION
LOAN PROGRAM POLICIES ARE AMENDED AS SET FORTH IN EXHIBIT A ATTACHED
HERETO.
ADOPTED by the Common Council of the City of Springfield by a vote of
o opposed.
6
in favor and
Approved <by the Mayor this 15th day of May
, 1995.
~
William ornsette, ayor
ATTEST:
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Eileen Stein, C'ity Recorder
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ATTACHMENT 3
EXHIBIT A TO RESOLUTION
SUBSTANTIAL HOME REHABILITATION PROGRAM POLICIES
May15,1995
Dclctions arc shm..m thus
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1 GENERAL PROVISIONS
1 .010 Program Goals
1.020 Other Funding Sources
1.030 Staff Responsibilities
1.040 Conflict of Interest
2 DEFINITIONS
3 THE REHABILITATION LOAN/SECURITY STANDARDS
3.010 Loan Terms and Conditions
3.020 Loan Limits Based upon Property Value and Indebtedness
3.030 Execution of a Lien
3.040 Restraints From Superior Liens
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4 APPLICANT ELIGIBILITY STANDARDS
4.010 Previous Loans
4.020 Loon Prioritizotion
~;g:gI1.030 Income Limits
~:~~~~ 1.010 Land Sales Contracts
SECTION 5 PROPERTY ELIGIBILITY STANDARDS
5.010 Single Family Dwellings and Duplexes
5.020 Multi-Family Dwellings
~; iilllriing
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SECTlqf'-Jnnnn~: ~ REHABILITATION/IMPROVEMENT STANDARDS
$:;gm~ 6.010 HUD's Minimum Rehabilitation Standards
wfgl'i 6.020 Springfield's Minimum Rehabilitation Standards
:7~Q.3.p.: 6.030 Eligible Property Improvements
;t:~g;$Q 6~910 Ineligible Property Improvements
SECTION +::~: CONTRACTING THE WORK
!:fgl:~ 7.010 Local and Minority Contractors
Ii:ggg 7.020 Contractor's Qualifications
~:~~:I:R 7.030 Work Cost Estimates
!.;gl9.! 7.030 Maximum Contract Period
!f,g:~1 7.050 Contractor's Warranty
Ii:Q~1 7.060 Method and Conditions for Final Payment
SECTIOf'-Jnnnnn g.:::~ FOLLOW-UP INSPECTIONS
~:;:g:~Q: 8.010 The 2 year and 5 Year Inspections
~.f:gg;Qi 8.q~0 Notification
SECTION 9-1i:g APPEALS
:1~:sg:l:q 9.010 Appeals Board Created
!Ig,f,P::e.R 9.020 Policy Exceptions
:l~~Q:*g 9.030 Final Decision
SECTION
SECTION
SECTION
SECTION
sE:cmfoN
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HUD INCOME LIMITS
SECTION 1 GENERAL PROVISIONS
1.010 ProQram Goals
The Substantial Home Rehabilitation Loan Program goals are:
A, To preserve the existing stock of low-and-moderate-income housing
through both private and public investment in substantial rehabilitation
of single family homes and owner occupied duplexes.
B. To bring substandard housing into substantial compliance with the City
Housing Code and HUD Housing Quality Standards; and conserve the
City's supply of suitable low incomc, singlc familyi::::iif9rlitiJ,i housing.
C. To improve the appearance of low-and-moderate-income neighborhoods
in the City which, with,out assistance may become blighted and
unattractive to future residents and businesses.
D. To enable City residents of low income to remain in their homes.
1.020 Other FundinQ Sources
HUD encourages the use of "piggyback" financing where funds from various
sources are applied collectively to accomplish rehabilitation. Whenever
possible, program funds should be used in tandem with other funding sources,
public and private, for maximum benefit to the greatest number of persons
feasible.
1.030 Staff Responsibilities
A. To implement the provisions of this document.
B. To verify income claims, review program applications and required
documentation including property appraisals, deeds, mortgages, or
contracts pertaining to ownership.
C. To approve or deny the loan application.
D. To create project specifications, evaluate rehabilitation bids, monitor
construction, approve or reject change order requests and to disburse
payments.
E. To conduct the City's Substantial Home Rehabilitation Loan Program and
to maintain program files as required by HUD ~lnd Statc of Orcgon CDBG
Reg ulati ons ~PB::::9~9ir::iRPn9igi,i~:~:~iq!r~m:ri9Hi,:i~~9n!.
F. Provide lead paint poisoning notice to tenants and undertake appropriate
abatement procedures.
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1.040 Conflict of Interest
No member of the governing body of the City of Springfield and no other
official, employee or agent of the City who, directly or indirectly, exercises
policy, decision-making functions or responsibilities in connection with the
planning and implementation of the Community Development or Rehabilitation
Loan Programs shall be eligible for this program. The prohibition shall continue
for one year after an individual's relationship with the City ends.
SECTION 2
DEFINITIONS
Amortization:
The systematic payment of borrowed money.
Applicant:
A. A person or persons applying for a deferred payment loan.
B. In Subsection 4.020 of this document, the person
applying and all members of the household and all
persons sharing title to property.
Beneficiary:
A lender or seller who, by use of a trust deed, received the
security of the real estate for the performance of the obligation
or payment of a debt (in the manner as a mortgagee).
Boarding House:
A building or portion thereof where lodging is provided with or
without meals for compensation of any kind to more than 5
persons other than members of the family occupying such
building.
Building
Official
The person::i~~~~9:n~~~~::~y::::tij~:g~ty:::i.~pgl.:Q9. '.vho is responsible
for the adminlsfrafionHandHenforcement:Hof the Building Safety
Codes.
City:
The City of Springfield, Oregon
City Council:
The Common Council of the City of Springfield.
CDAC:
Community Development Advisory Committee.
Duplex:
A single building, designed or used exclusively for the occupancy
of two families living independently of each other, sharing a
common roof, wall and foundation at the garages, carports, living
units or a combination thereof.
Encum brance:
Any cloud against clear, free title to the property which makes
it less marketable or freely acceptable to a buyer, and therefore
less valuable.
Equity:
The surplus of value of real estate which may remain after
deduction of taxes, assessments, liens, charges and
encumbrances against the property from the market value.
Foree! osure:
A legal process initiated by a Mortgagee, a Beneficiary under a
trust deed, or other lien creditor, upon default by an owner-
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Grantor:
Holdback:
HUD:
Land Sales
Contract:
Lien:
Loan Fee:
Lower Income
(Moderate Income)
R~Y~~9!1:::m~~!~Ut~~~~
Metro Plan:
Mortgage:
Mortgagee:
Mortgagor:
Rehabilitation
Loan:
debtor, to force. sale of the real estate held as security for the
debt to satisfy the obligation or payment of the debt.
The owner of real estate, who by written instrument grants a
security interest in the real estate to secure the performance of
an obligation, or payment of a debt (in the same manner as a
mortgagor).
A portion of funding retained until final satisfaction has been
ffiet-:-
The U.S. Department of Housing and Urban Development.
A written agreement for the purchase and payment of
real estate usually requiring installment payments over a period
of time, with legal title remaining in the seller's name until the
terms of the agreement are satisfied and the final installment
payment is made.
The right, enforceable by law, to take and hold or sell the
property of a debtor as security for payment of a debt.
A seven percent one-time fee charged against the total amount
of the loan principal which shall be due and payable when the
loan becomes due.
80% of the Eugene/Springfield median income as determined by
HUD
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The current applicable Eugene/Springfield Metropolitan Area
General Plan,
A security interest in real estate created by the Mortgagor by a
written instrument providing security to a Mortgagee for the
performance of an obligation or the payment of debt.
The person who received from the Mortgagor security of real
estate for the performance of the Mortgagor's obligation or
Mortgagor's payment of a debt.
The owner of real estate who by a written instrument pledges
that real estate to the Mortgagee as security for the performance
of the owner's obligation or the owner's payment of a debt.
A loan for the rehabilitation of properties with health, safety or
structural hazards, payable into a revolving loan fund when the
property is transferred by any means except as specified in
Subsections 3.010 D, and 9.010 B. of this document (also
referred to as "loan").
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Single Family
Dwelling:
Springfield
Housing
Code:
Staff:
Tenancy by
the Entirety:
Trust Deed:
Trustee:
Value:
A detached building of structure designed or used
exclusively for the occupancy of one family.
A Code adopted by the City which establishes minimum
requirements for the protection of life, limb, health, property,
safety and the welfare of the general public and the owners and
occupants of residential buildings.
City personnel who administer the Substantial Home
Rehabilitation Loan Program.
Ownership of realty by a husband and wife who ,are regarded
as one person. No disposition of any interest can take place
without the consent of both. The property passes to the
survivor in the event of the death of one of them.
Similar to a mortgage; a legal instrument conveying title in real
estate from the Grantorrrrustor (owner/borrower) to a Trustee (a
third party which can be an escrow company bank or attorney)
to be held as security for a debt owed a beneficiary (a lender or
seller) .
The third party to whom the Grantor, by the trust deed, conveys
an interest in the real estate, which enables the Trustee, in the
event of default, to conduct a foreclosure sale of the real estate
to satisfy the obligation or payment of a debt to the Beneficiary
and to convey it to a purchaser at the foreclosure sale.
True cash value or market value as established by an appraisal or
the Lane County Department of Assessment and Taxation.
Very Low Income: 50% of the Eugene/Springfield median income as determined by
HUD.
Warranty: An assurance by the contractor that the work has been
completed as stated in the contract.
SECTION 3 THE REHABILITATION LOAN/SECURITY STANDARDS
3.010 Loan Terms and Conditions
A. A Rehabilitation Loan shall not be made unless, upon completion of the
work, the property can be brought into substantial compliance with the
Rehabilitation Standards as specified in Section -G m:z::: of this document.
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B.
The Rehabilitation Loan shall carry a 7% loan fee. This shall be a one-
time fee charged against the total amount of the "loan" principal and
shall be due at the time the total amount of the "loan" comes due. The
maximum Rehabilitation Loan amount shall not exceed $18.600.00 plus
loan fee, subject to the provisions of Subsection 3.020 of this
document. (Exception: Subject to Subsection 3.020 of this document,
the maximum loan amount may be exceeded to cover Building Safety
Codes violations discovered by the Contractor or City Building
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Inspectors during the course of the work and not detailed in the initial
work write-up prepared by Staff.)
C.
The "loan" and loan fee shall be repaid in full upon:
1 . Sale or transfer of title of the property by any means;
2. property being rented or leased, except as specified in
Subsections 3.010 D. and 5.010 B and as specified in
Subsection 9.010 B. of this document;
3. a transfer of the property which would constitute a sale,
requiring payment of the Rehabilitation Loan, except in those
cases where title to the property is held in tenancy by entirety;
4. failure to occupy; or
5. a superior lien being placed on the property.
D.
Recipients of rehabilitating loans shall continue to occupy the dwelling
that receives rehabilitation assistance until the property is sold.
However, Staff may, subject to the concurrence of the Appeals Board
Specified in Subsection 10.010 of this document, approve an exception
to this policy under extraordinary circumstances. These circumstances
may include the creation of an economic hardship such as the case of
an individual who obtains employment outside the immediate
metropolitan area,who cannot reasonably sell the house in a poor
market, and who intends to return to this area to live after some time.
Justification shall include a statement by the owner that he/she fully
intends to return the dwelling to owner-occupied status within 2 years.
Staff shall monitor the situation and may require that the owner make
an affirmative effort to sell the dwelling or may revoke the granting of
the conversion to rental use at any time during the 2 year period if it
appears that the Program's intent is being abused.
3.020 Loan Limits Based Upon Property Value and Indebtedness
The total indebtedness against a property at the time of application shall not
exceed 85% of the property's value, nor shall the total indebtedness, including
the proposed Rehabilitation Loan and loan fee, exceed the Staff's estimate of
the property's value after completion of the rehabilitation work. If the applicant
disagrees with the Staff's estimate of the property's value, an appraisal paid for
by the applicant may be accepted by Staff. (However, if the "loan" is granted,
the cost of the apprai30r ~'pprj\~~~::: can be added to the "loan" and loan fee.)
3.030 Execution of a Lien
As a condition for receipt of funds under the Substantial Home Rehabilitation
Loan Program the owner-occupant shall execute a lien against the property
equal to the total amount of the Rehabilitation Loan and the loan fee.
3.040 Restraints from Superior Liens
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A. ~!9@p~::::~~::pi9yI9~g::t:2r::in]~g9!!9:n.:::~~Q~~:~V~:::~:;~p~j the a p pi i cant sha II
agreeUto urefrai nfrom. .creating.. or .permitti ngUto. beucreated against the
property, or any part of it, any lien superior to the lien of the City,
subsequent to the date of the Rehabilitation Loan.
B.
Taxes are generally a first lien regardless of other liens which may have
been previously recorded on the property, and the following taxes are
exceptions to Section 3.040 (A):
1.
Federal taxes which are unpaid, income and estate taxes and
unpaid State taxes which give rise to general liens against the
property.
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2. Assessments for roads, sewers, and other municipal benefits
paid in the form of taxes on real property become a lien from the
time they are due. These assessments and taxes are superior to
the Rehabilitation Loan.
C. While any part of the note secured remains unpaid, the maker/grantor
shall pay taxes, assessments and other charges which may be levied or
assessed against the subject property, or the loan fee, "loan" mortgage
or the note secured when due and payable and before the same
becomes delinquent. The mortgagor shall promptly pay and satisfy any
and all liens or encumbrances that are or may become liens on the
premises or any part thereof superior to the lien of this mortgage,
exclusive of the lien granted in prior financing. In the event that the
mortgagor fails in this regard, the City's right to recover through the
foreclosure of the assessment shall not be impaired.
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3.050 -<~S~:~g
Insurance
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Applicants shall agree to carry fire insurance (fire and extended coverage as a
minimum) equal to no less than the total indebtedness against the property,
including the Rehabilitation Loan and loan fee, less the value of the land as
reflected on the most recent property tax appraisal. Applicants shall secure
flood insurance prior to receiving a Rehabilitation Loan if living in an area where
HUD would routinely require this.
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SECTION 4 APPLICANT ELIGIBILITY STANDARDS
4.010 Previous Loans
An applicant who has received a Rehabilitation Loan under this Program in the
past 3 years is not eligible.
4.020 Loan Prioritization
Persons in the follO\....ing oategories, shall have first priority for Rehabilitation
Loans under this Program: the elderly, handioapped, raoial and ethnio
minorities, and single heads of household.
4.030'4HJe0. Income Standards
A. The totar::::~~!iib.9~~ income of the applicant cannot exceed the current
Eugene/Springfjel~qq~9~qq"':lE3~i~r1qqirl~()me limits for the applicant's
household size A!:::::~~!!rm!n!I::::::~y:::::I:Y:1 (see Appondix); total income
includes but is not limited to the following: wages, interest, dividends,
rental income, other investments or business income, Social Security
Benefits, pensions, annuity income, alimony, child support, welfare
payments, veterans benefits, and others. To determine the applicant's
income for eligibility purposes, the greater of the following shall be used:
1 . Twelve times the present gross monthly income.
2. Projected gross income for the calendar year.
B.
Self-employed persons shall provide satisfactory evidence that income
and revenues from their enterprises fall within the income limits
established. Detailed signed operating statements and other
documentation shall be required.
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1.0104i89:?:1 Land Sales Contract
If the applicant is purchasing the property on a "land sales contract", in addition
to execute a note and mortgage or Trust Deed secured by his/her equitable
interest, he/she shall also obtain a consent to mortgage from the seller. If the
applicant is PlJrchasing the property subject to pre-existing land sales contracts,
consents of A!J, the original sellers shall be obtained. If the applicant is unable
to obtain the required consents to mortgage, the "loan" shall not be granted.
Additionally, the contract of sale itself shall meet such requirements as may be
necessary to protect the City's security interest. In the case of a land sales
contract where a balloon payment is required, if refinancing occurs, the
Rehabilitation Loan and loan fee shall be repaid at the same time, except upon
approval of Staff. In order for a purchaser under a land sales contract to be
eligible for a "loan" to cover rehabilitation costs, all of the following shall be
met:
A.
The contract or a memorandum of said contract shall be a legally
binding, properly recorded instrument (or memorandum thereof
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received).
B.
The seller shall hold a fee simple title to the property and shall be unable
to use the property for collateral or convey the property to any other
party.
C.
The purchaser shall provide a good record of credit.
SECTION 5 PROPERTY ELIGIBILITY STANDARDS
5.010 Sinale Familv Dwellinas and Duolexes
A. Eligible repairs shall be limited to owner-occupied single family dwellings
and duplexes within the city limits.
B. Rehabilitation shall be permitted for both the owner-occupied and rental
portion of a duplex only under the following conditions:
1. The owner shall meet the income limitations of Subsection 4.020
of this document.
2. The Rehabilitation Loan maximum shall remain at $15,000
J::!:i:@gg for the entire structure (except in situations where
Section 3.010 (B) of these standards applies).
3. Duplexes shall be subordinate in "loan" priority to single family
dwellings.
5.020 Multi-Familv Dwellings
Multi-family dwellings, including boarding houses, shall not be eligible for a
Substantial Home Rehabilitation Loan.
5.030 Non Residential Zonina
Site of residence must comply with applicable adopted zoning and plans.
SECTION 6
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SECTION~:::::::7::i:i:i::::::::::I:::i::::;i::;::::REHABI LIT A TION STANDARDS
6.01 Ol~!:~:g HUD's minimum Rehabilitation Standards
Housing Quality Standards have been established by HUD which every
participating property shall meet after rehabilitation. These standards relate to
sanitation, security, thermal environment, illumination and electricity, structure
and materials, water supply, access and site conditions. These standards shall
serve as a starting point for the establishment of local rehabilitation standards.
6.020:::i1Utj,igg Sprinafield's Minimum Rehabilitation Standards
In addition to meeting HUD's standards, every participating property shall also
substantially meet the following standards:
A. Recognized hazards to the occupant's health and safety shall be
corrected. (Examples: Replacement of a dangerous electrical panel or
replacement of an unsanitary kitchen sink unit.)
B.
Recognized structural defects affecting the usefulness or durability of
the structure shall be corrected. (Examples: Replacement of a rotted
mud sill or correction of a serious rafter overspan.)
C.
The structure shall be made weather protected.
Replacement of rotted siding boards.)
(Examples:
D. Recognized conditions wasteful of energy resources shall be corrected.
6.030 Eliqible Propertv Improvements
Subject to the availability of funds, the following activities are also allowable:
A. The dwelling may be further rehabilitated so that it is a decent home for
the occupant, and can be reasonably expected to have its remaining
useful life significantly extended with normal maintenance. (Examples:
Replacement of a damaged door or resurfacing interior walls which are
peeling.)
B. The special needs of elderly and/or handicapped persons may be served
(Examples: An access ramp for a person confined to a wheelchair or a
bathtub grab bar for an elderly or handicapped person.)
6.040 Ineligible Property Improvements
Rehabilitations loans shall not be used to finance the cost of:
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A. New construction, additions, the finishing of unfinished spaces, such as
an attic or basement; nor expansion, unless space requirements indicate
a need for expansion.
B.
Materials, fixtures or equipment of a quality or type which exceeds or
differs substantially from that customarily used in properties of the same
general type and value as the property being rehabilitated.
C.
Appliances. (Exception: Built-in appliances may be included when they
are a replacement for existing built-in units which are defective.)
D.
Purchase, installation or repair of furnishings.
E.
The applicant's labor, or the labor of a member of the family or
household.
SECTION-7I
CONTRACTING THE WORK
7.0 1 O$'~~:~::p Local and Minoritv Contractors
The use of Springfield contractors shall be encouraged; further, contractors
from traditionally disadvantaged groups (i.e. women owned businesses, ethnic
or racial minorities, etc) shall be encouraged to participate.
7 .02o~~I€g Contractor's Qualifications
Contractors interested in participating shall be licensed and bonded by the
Construction Contractor's Board of the State of Oregon.
7 .03o~*-glg Work Cost Estimates
Owners may negotiate prices with contractors of their choice, provided they
meet the requirements of subsection 8.020 of this document. Owners shall be
required to obtain a minimum of two cost estimates. Staff shall estimate costs
and review bids for cost reasonableness.
7 .01 O!~:~lg Maximum Contract Period
Contracted work shall be completed within 90 days of commencement. If the
contractor fails to complete the work within the time specified above, the
penalty shall be: $100.00 plus $5.00 per $1,000.00. of the contracted
amount for each calendar day of delay deducted from the amount of the
contract.
7 .060!~:Q9g Contractor's Warranty
The contractor shall make all necessary repairs and replacements to remedy,
in a manner satisfactory to the Staff, and at no cost to the owner, any and all
defects or failures of the work occurring within one year following the approval
date of the final building inspection.
7 .060::]~S~:Bg Method and Conditions of Payment
One check shall be i~sued jointly to the o.....ner and contractor to be signed by
both after:
c, A.
B.
. C.
D.
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SECTION g 9
9 8.010
~ 8.020
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SECTION 9 :,,]~
Satisfaotory completion of the '.vork and;
Final inspeotion by Staff and;
VVritten acoeptanoe of the work by the o'J'..ner; and
An affidavit from the oontractor stating that full payment has been made
to all suppliers and suboontraotors, including a waiver of lien rights.
E. Partial/progress payments may be made for ..-..ork completed up to 90%
of contract prioe and subject to above oonditions.
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FOLLOW-UP INSPECTIONS
The Two Year and Five Year Inspections
A.
In order to determine if the program is meeting the goals of Subsection
1.010 of this document, Staff may periodically conduct follow-up
inspections up to five years after the completion of the work.
B.
The inspections shall not be for the purpose of compiling a list of new
code violations, but shall determine the overall maintenance of the
property. In this respect, the inspections shall examine both the work
which was completed under this Program and the building as a whole.
If Staff determines that the building fails to meet the rehabilitation
standards of Section 6 of this document at either the two year or five
year follow-up inspection, the "loan"; and loan fee shall become due and
payable immediately.
N otificati on
The follow-up inspection shall be mandatory on the part of all program
participants, however, no inspection shall take place without prior written
notification.
APPEALS
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:~:~:f:g:J::g -9.G2G
Policv Exceotions
A.
In an extraordinary circumstance, where an exception to a policy or
policies would be justified, reasonable and appropriate, Staff may
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to the particular case in question.
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J::g:;:g&~ 9.01 0
Aooeals
An appeal process is available to "loan" applicants and Program participants.
The Appeals Board shall meet irrcgularly; on call a$.n.~~a~a.
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A. For non-technical appeals, e.g., questions of Staff interpretations of the
policies of this Document, the Appeals Board shall consist of two
members of the CDAC, the Community Dcvclopmcnt Managcr:::m99~':Q$'j:
IfP~t~m~:::~MP~rx~~9t and the Building Official.
B. For technical appeals, e.g., considering whether a foundation wall
should or should not be included in the work to be covered by the
"loan", the Appeals Board shall consist of two members of the CDAC
and a member of the Building Staff.
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:j:g:~g:!g 9.030
Final Decision
The Appeals Board's decision shall be final unless there is an appeal to the City
t~9q!it;:::: The City Council's decision shall be final.
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