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CIC OF SAN BERNARDOO - REQUC..)T FOR COUNCIL AC"JON
From:
Kenneth J. Henderson, Director
Subject: HOUSING WORKSHOP
Dept:
Community Development
Date:
September 24, 1987
Synopsis of Previous Council action:
In May, 1986, the Mayor and Common Council approved a Comprehensive Housing Policy.
In March, 1987, the Mayor and common Council commissioned housung market study by
Empire Economics, Inc.
In August, 1987, the Mayor and Common Council set a date and time certain for housing
workshop.
Recommended motion:
That the Mayor and Common Council conduct a housing workshop including, but not limited
to, discussion of the Housing Market Study, the Acquisition/Rehabiliation/Resale component
of the 1nfill Housing Program and housing strategies for the City of san Bernardino.
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Contact person:
Ken Henderson/Maurice Oliva
Phone:
5065
Supporting data attached:
Staff Report
Ward:
1-7
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (ACCT. NO.) N/A
(ACCl. DESCRIPTION) N/A
Finance:
Council Notes:
75.0262
Agenda Item No,
~
I,
cO OF SAN BERNARDC::JO - REQUO FOR COUNCIL AC'~N
STAFF REPORT
As a result of previous actions taken by the Mayor and Common
Council starting in December, 1985, today the Mayor and
Common Council will discuss the assumptions, methodology,
findings, conclusions and recommendations relating to the
housing market study conducted by Empire Economics, Inc. Also
to be discussed are current housing programs administered by
the Community Development Department and the
acquisition/rehabilitation/resale component of the City
Infill Housing Program.
As noted in previous staff reports to the Mayor and Common
Council, the building moratorium affecting the City as it
relates to residential construction and the General Plan
Revision process currently underway provides the City a
unique opportunity to address housing needs, planning and
development for years in the future. It is hoped this
opportunity is seized for the benefit of all citizens of the
community.
I recommend adoption of the form motion.
Kenneth J. Hen erson
Director of Community D velopment
KJH/lab
0507
9/24/87
75-0264
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PROPOSED CONCEPT PAPER
CITY OF SAN BERNARDINO
ACQUISITION/REHABILITATION PROGRAM
FOR HUD-ACQUIRED PROPERTIES
September 28, 1987
Backaround
The problem of abandoned and boarded-up homes in San Bernardino has
been an issue for the City for number of years. In the recent past,
the incidence of boarded-up homes has been increasing. A number of
homes seem to be in a cyclical pattern: abandonment, vandalism,
board-up, rehabilitation, short-term occupancy and abandonment which
begins the cycle anew.
Abandoned properties are of three (3) types: HUD repossessions, VA
repossessions, and foreclosures on uninsured properties by private
financial institutions. Rough unconfirmed estimates are that there
are currently approximately one-hundred (100) HUD repossessions,
fifty (50) VA repossessions and another one-hundred (100) or more
uninsured foreclosures, suggesting that there are at least two-
hundred fifty (250) vacant homes in the City of San Bernardino with
the majority located on the west side. The preponderance of such
homes is a blighting influence on the affected neighborhoods,
providing havens for drug traffic and inhibiting private reinvestment
in these areas.
Whv pronerties Are Abandoned
There are a number of factors which, alone or in combination, contri-
bute to this problem:
A. Hiah Vacancv Rate -- The vacancy rate on the west side of the City
is high, resulting in a buyer's market for rental housing which
tends to keep rents low, thereby depressing property values and
discouraging good maintenance and reinvestment in existing
properties.
B. Low percentaae of Homeownershin -- Many occupants of homes on the
west side are renters who do not have a vested interest in the
properties in which they live. When properties are not main-
tained, either by the occupant or by the owner, renters will leave
the property to find a better place to live.
C. Poor Securitv and Hiah Vandalism Rates -- Properties which are
vacant are targets for vandalism since there is not sufficient
police protection in the area.
D. Attractiveness of the Other Areas -- Rents for apartments or homes
are not significantly higher in other areas of the city, so many
families with upward financial mobility who rent their homes will
move as soon as their financial situation permits.
~posed Concept Paper
Acquisition/Rehabiliation
Page :-2-
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proqram
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Compounding the problem is the presence of unscrupulous developers,
some of whom have found a way to make money at the expense of the
Federal government. Such developers bid on HUD and VA-owned
properties, acquire these properties for low prices, perform very
minimum amounts of rehabilitation, secure an inflated appraisal and
apply for an FHA loan which will not only cover their initial
investment but provide for a healthy profit. They will then "deed
over" these properties to unqualified low income families for little
or no money. When these families cannot make the mortgage payments
on the FHA-insured loan, the property goes into foreclosure and the
cycle of abandonment repeats.
Another common scenario also occurs when a low or moderate income
family is successful in purchasing an abandoned property from HUD.
Most of these sales are "as is", meaning that properties are not
rehabilitated prior to sale. Upon taking title, the City's
inspection reveals a number of code violations and the owners are
given a certain time period to complete rehabilitation or the
occupancy permit will be revoked. When these families come to the
Community Development Department for assistance with rehabilitation,
the appraisal reveals little or no equity in the property and, there-
fore, no security on which to approve the applicant for a the
rehabilitation loan. In these cases, some families have been forced
to "walk away" from their homes, also contributing to the cycle of
abandonment.
The City Community Development Department staff approached the U.S.
Department of Housing and Urban Development (HUD) with respect to the
possibility of implementing an urban homesteading proqram in the City
of San Bernardino whereby boarded-up homes would be sold for one
dollar ($1.00) to qualified first-time homebuyers. These buyers
would promise to rehabilitate the properties with rehabilitation
assistance from the City. Subsequently, permanent financing would be
arranged which would pay back the rehabilitation loan. The U.S.
Department of Housing and Urban Development was not interested in
such a program since the "recovery rate" (meaning rate of
reimbursement to HUD's insurance fund for the outstanding mortgage
balance) is quite high in California and properties are selling at or
above appraised value as determined by the HUD Area Management
Broker.
What is clearly needed is an innovative program which would result in
boarded-up homes being rehabilitated and sold to new, qualified
homebuyers who would live in and maintain the properties and thereby
break the abandonment cycle.
~posed Concept paper
Acquisition/Rehabilitation
Page -3-
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Program
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Proaram ConceDt
A program concept for an acquisition/rehabilitation program for HUD-
acquired properties is outlined below. If successful, this program
could be expanded (with some modifications) to include VA and private
foreclosures.
The program would work as follows:
Step 1: The City would pre-qualify a pool of potential low and
moderate income first-time homeowners. These would be
families searching for a way to own their own home and
looking to the City for assistance.
step 2: Concurrently, the City would establish standards with HUD
for identifying HUD-acquired homes located in target areas
designated for the program. Initially, these would be
abandoned and boarded-up homes which are scattered through-
out certain areas of the west side (rather than homes which
are concentrated in the Delmann Heights or Muscoy areas),
since the program is likely to be more successful initially
in addressing a limited number of homes in a few neighbor-
hoods rather than many homes in blighted neighborhoods. One
prime criteron for selection would be that the homes are
structurally sound, thereby reducing the cost of rehabilita-
tion and expediting occupancy.
The City would work closely with HUD's Santa Ana Office and
the local Area Management Broker to determine which of the
HUD-owned properties might be available for the program. The
City would establish target areas for the program and HUD
would inform the Community Development Department on an
ongoing basis of any properties acquired by HUD which are
located in the target area. Together with property
location, HUD would provide the Community Development
Department with an estimate of appraised value.
Upon receiving this information from HUD, the Community
Development Department will inspect the properties to
determine which ones might be suitable for this program. For
those that appear suitable, Community Development staff will
prepare an independent estimate of rehabilitation work
required to bring these properties up to City code and
occupancy requirements. After internal review, the City
will inform HUD of its interest in certain properties and
the corresponding rehabilitation estimates for each
property.
Step 3: Upon receipt of our rehabilitation estimates, HUD staff will
review these estimates. Any questions or discrepancies will
be resolved by discussions between HUD and City staff.
Following concurrence with the rehabilitation estimates, HUD
will draw up a contract with the City for purchase of the
property. The sale price will be:
~posed Concept Paper ()
Acquisition/Rehabilitation proqram
paqe -4-
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a) Ninety percent (90t) of appraised value less the
rehabilitation cost estimate.
Terms of the sale will be "as is", all cash to the seller
(HUD).
The U.S. Department of Housing and Urban Development is
willing to enter into this arrangement because HUD supports
the City's intention to rehabilitate these properties and
sell them to low and moderate income families.
Step 4: The City will review and sign the contract and return it to
HUD, together with a deposit of one dollar ($1.00). Follow-
inq HUD's signature, all efforts will be made to close
escrow within thirty (30) days following contract execution,
per HUD's request. The Department of Housing and Urban
Development and the City will work out appropriate escrow
arranqements to meet this thirty (30) day timetable. HUD
will provide title insurance.
Step 5: Through a "Request for Proposals" (RFP) process, the city
will select local non-profit or for-profit agencies for
participation in the program. Selection of one or more
agencies will be done throuqh a competitive bidding process.
Arrangements would be made with HUD to allow the city to
purchase these properties and immediately pass ownership to
the designated agency.
Step 6: The local aqencies selected will enter into an agreement
with the City to purchase and rehabilitate these properties.
Below-market rate acquisition and rehabilitation loans will
be provided to the aqency for this purpose. Acquisition
(and subsequent rehabilitation) loans will be made at one
(1) or two (2) points below market for regular construction
loans. In addition, acquisition loans may be made available
for the agency through an arrangement with a local lender so
that the City's cost of acquiring these properties from HUD
can be immediately reimbursed. Upon completion of
rehabilitation, and followinq inspection and granting of an
occupancy permit, the agency will sell the homes to pre-
qualified low and moderate income homeowners. Sale of the
property will payoff the City's acquisition and/or
rehabilitation loan, providing funds for future
acquisition/rehabilitation activities.
The City will take back a $5,000 lien on each property
(which is possible due to the initial price concessions from
HUD) which will be forqiven at the rate of $1,000 per year
for each year the family remains on the property. The
purpose for this lien is to provide an incentive for the
family to remain on the property for at least five (5)
years.
(:Dposed Concept Paper
Acquisition/Rehabilitation
paqe -5-
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proqram
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step 7: Resale controls will be placed on the properties. In
essence, the City will require first right of repurchase of
the property should the homeowner wish to sell or have to
default on the loan. The purchase price will be based on a
formula tied to the CPl. Should the city decide to re-
purchase the property (in order to keep the property out of
the hands of speculators) then the property will be resold
to another qualifying low and moderate income family. The
purpose for the resale controls is to assure that these
properties remain in the ownership of low and moderate
income families and not pass into the hands of speculators.
The U.S. Department of Housing and Urban Development will
review and approve the resale controls proposed so that
these properties can still be sold with FHA insurance.
* * * * * *
Community Development staff has had several meetings and numerous
telephone conversations with HUD officials and the local HUD Area
Management Broker regarding this program. While specific details of
program implementation still need to be developed, HUD has stated its
agreement with the program concept as described above.
Program implementation awaits Mayor and Common Council approval of
this concept paper. Following approval, a detailed implementation
plan will be developed together with estimates of the necessary
funding to support the program from the city's twenty percent (20%)
housing set aside fund.
JRT/lab
0279
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