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HomeMy WebLinkAbout06.C- Economic Devlopment Agency 9.0 DOC ID: 1357 E CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Report/Information From: Emil A. Marzullo M/CC Meeting Date: 11/21/2011 Prepared by: Carey K. Jenkins, (909) 663- 1044 Dept: Economic Development Agency Ward(s): All Subject: Covenant Monitoring Quarterly Status Report for the Period Ending June 30,2011 Financial Impact: The total cost for the program and compliance monitoring services is not to exceed a total annual amount of$32,500 and will be paid from the Agency's Low-Mod Housing Set-Aside Fund. Motion: Receive and file Covenant Monitoring Quarterly Report for the Redevelopment Agency of the City of San Bernardino. Synopsis of Previous Council Action: None. BackPround: On January 4, 2010, the Community Development Commission of the City of San Bernardino ("Commission") approved a Professional Services Agreement ("Agreement") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Rosenow Spevacek Group, Inc. ("RSG") in support of key program and compliance monitoring functions under the Agency's Neighborhood Stabilization Program ("NSP") and other Agency financed housing projects. This Agreement serves as a means to ensure proper administration of the Agency's existing and future housing covenants. The scope of services included within the RSG Agreement includes: 1. Screening applicants in accordance with the Agency's various housing programs to ensure compliance with the applicable funding source and other U.S. Department of Housing and Urban Development("HUD") and/or Housing Set-Aside Fund eligibility requirements. 2. Determining the status of project compliance with resident income limits pursuant to the program/regulatory agreement requirements. 3. Providing on-going monitoring of income eligibility on an annual basis for residents participating in the Agency's various housing programs. 4. Verifying compliance with owner occupancy requirements. Updated: 11/17/2011 by Mayra Ochiqui E Packet Pg. 139 1357 5. Preparing affidavits that require owners to affirm continued compliance with provisions of the promissory note and applicable covenant agreement. 6. Reporting any findings of non-compliance to the program participants and the Agency. 7. Researching property ownership when ownership changes and determine how this affects Agency programmatic and security interests. 8. Providing detailed recommendations to the Agency to remedy any programmatic and/or monetary events of default incurred by program participants and executing those recommendations. 9. Reviewing owner income determinations to ensure compliance pursuant to the program/regulatory agreement requirements. 10. Gathering documents, maintaining project information electronically and transmitting information in the form of a comprehensive report to the Agency on a quarterly basis. Based on an initial review by RSG, the Agency housing covenants can be generally grouped into three (3) separate categories and include: inclusionary housing units, non-inclusionary housing units, and NSP funded housing units which are considered a subset of the inclusionary housing units. Inclusionary units, as it relates to the California Community Redevelopment Law ("CRL"), are linked to redevelopment project areas adopted or amended after 1975. Under the CRL, there is a requirement that at least 15% of all new and substantially rehabilitated dwelling units built within the project area must be available at an affordable housing cost to, and occupied by, persons and families of low- or moderate-income (Health & Safety Code Section 33413). Additionally, at least 40% of these dwelling units are required to be available at an affordable housing cost and occupied by persons and families who are considered very low-income. Projects developed under the 15% requirement are to remain at an affordable housing cost and must continue to be occupied by very low income (50% of Area Medium Income ("AMI"), low- income (80%AMI) and moderate-income (120%AMI) persons and families for at least 55 years for rental units and 45 years for owner-occupied units. In order to meet this requirement of the CRL, the Agency implements the inclusionary housing requirement through a covenant agreement that is entered into by the Agency or more recently its designated sub-recipient, Affordable Housing Solutions of San Bernardino, Inc. ("AHS"), and the property owner which is recorded against the land. Depending on the housing type - multi- family rental or single-family homeownership - the covenants remain in effect for a period of 45 years or 55 years. Certain examples of Agency programs that utilize covenants that meet the inclusionary requirement include all of the dwelling units rehabilitated under the NSP, large scale senior and multi-family properties developed through the Agency's Notice of Funding Availability ("NOFA") and certain single-family residential down payment assistance loans. Updated: 11/17/2011 by Mayra Ochiqui E 1357 In addition to the portfolio of inclusionary housing covenants, the Agency also maintains non- inclusionary covenants. These are typically covenants that do not meet 45-year or 55-year time commitments of inclusionary covenants and/or only address specific maintenance issues of the property in question as is the case with the Agency's single-family beautification grant and rehabilitation loan programs. In past years, the Agency also provided certain down payment assistance loans with limited covenant periods that excluded them from the inclusionary requirement. Current Issue• For the period ending June 30, 2011, the Agency identified up to 535 inclusionary housing units, which included 226 single-family units, 53 single-family NSP units, and 256 multi-family units. During the period, the Agency also identified 100 non-inclusionary units, which included 80 single-family residential units and 20 single-family units participating in the Agency's rehabilitation loan program. The following highlights the specific status of each of these categories of covenants. Inclusionary Units: Thus far, 535 active inclusionary covenants have been retrieved, scanned and placed under monitoring with RSG. In reviewing the portfolio of inclusionary covenants, staff determined there were also 25 that had expired with 2 more covenants expected to expire this calendar year. In addition to identifying, documenting and maintaining the active covenants, the Agency and RSG will coordinate efforts to confirm authenticity of home ownership and compliance with all covenant terms and conditions. This will constitute the main focus of the monitoring effort during the 4a'quarter of the prior fiscal year(through June 30, 2011). Inventory of Inclusionary Covenants through June 30, 2011 Total Single-Family NSP Single- Multi-Family To Expire Covenants Covenants Family Covenants Covenants In 2011 535 226 53 256 2 On June 6, 2011, ownership re-certification letters were mailed to all property owners of record. To date. RSG is in the process of verifying the ownership, as well as attempting to contact those residents who have not responded. Based on progress being made with this monitoring process, RSG should have a detailed report showine the compliance status of these properties. NSP Sinak7Faniily Inclusionary Units: For the reporting period ending June 30, 2011. the Agency has recorded a total of 53 separate covenants against single-family residences under the NSP Program. This includes 24 covenants recorded against single-family residences that have been recently purchased through this program and 29 that are in the process of being rehabilitated or sold to income eligible buyers. In 'I I cases, the Agency was also able to provide down payment assistance through its Housing Assistance Prograni ("HAP"), Updated: 11/17/2011 by Mayra Ochiqui E PacketPg. 147 1357 Multi-family Inelusionary Units: For the period ending June 30, 2011, the Agency identified 17 multi-family inclusionary projects providing 256 units; 8 of which are funded with NSP funds with an additional 8 funded with Agency Low-Mod Housing funds Another 3-unit project was funded utilizing a combination of HOME Investment Partnership funds and NSP funds. Those properties that have covenants recorded associated with the NSP component are targeted at providing rental housing to very low-income households (no greater than 50% of AMI). Many of the Agency-sponsored properties acquired under NSP have been done through its affiliated non-profit corporation, Affordable Housing Solutions of San Bernardino, Inc. ("AHS"). These include certain properties that are acquired for rehabilitation and resale or are acquired for the purpose of demolition and future redevelopment. Meanwhile, another Agency selected developer, Mary Erickson Community Housing ("MECH"), has focused on the NSP 50% AMI requirement bygpiring, rehabilitating and renting a series of four-plex apartment complexes along 19`h Street and East Sunrise Lane and has successfully rebranded the project as Eastpointe Village. As a result of MECH's success, the Agency has recently allocated other properties on a smaller scale to certain locally leased non- profit organizations to rehabilitate and rent under a similar format. This is the case with the previously mentioned 3-unit affordable housing development. As the numbers of these proieets grow within the Aaenev's portfolio, monitoring guidelines will be instituted to adequately address their compliance requirements. Within the regulatory framework of NSP, the Agency has also utilized Low-Mod fiords to acquire certain properties that were either outside of NSP eligible target zones or where it was determined the use of NSP funds could not be used for specific programmatic reasons. To this end, there are eight Low-Mod covenants recorded against multi-family properties as of the reporting period. From the perspective of the Acv, NSP activities are considered city-wide in scope. Those properties that fall outside of the HUD designated target zone, but otherwise follow the NSP criteria for acquisition and disposition, will be acquired utilizing Low-Mod Funds. As NSP activities evolve, the Agency anticipates acquiring more properties with Low- Mod funds or even HOME Investment Partnership funds. Another sub-category of multi-family inclusionary covenants deals with large-scale projects and constitutes a major effort to increase the Agency's count of affordable units in order to be compliant with state inclusionary housing numbers and to provide an adequate amount of affordable housing consistent with the City of San Bernardino's Housing Element goals Thus far, the Agencv/AHS has funded two transactions through the NOFA process totaling 197 units of affordable housing. It is anticipated this sub-category of covenants will gyrow significantly over time as additional properties are added to the list. This includes the TELACU senior facilities already in operation as well as future projects created as a result of the Agency/AHS NOFA Process. Inventory of Multi-Family Inclusionary Covenants Through June 30, 2011 Total NSP Funded Low-Mod Funded HOME Funded Mixed Covenants Funding 256 32 0 3 Updated: 11/17/2011 by Mayra Ochiqui E Packet Pg. 142 OWN$ 1357 Non-Inclusionury Units: The total number of non-inelusionary housing units identified thus far is 100. This total consists of 48 that have been funded with Low-Mod funds, 28 with HOME funds and 24 with a combination of other funding sources. Further analysis shows there are 276 covenants that have expired. From a housing-type perspective, this translates into 80 single-family units and 20 single-family rehabilitation units. Below is a chart showing the various covenants by activity. As Agency staff, in coniunetiom with RSG, continue to identify past non-inclusionary covenants this list is expected to increase. Based on the order of importance and staffing availability. the research of the covenants for this category will be completed once all inclusionary units have been accounted for and the monitoring activity for these properties have been determined. Inventory of Non-Inclusionary Covenants through June 30, 2011 Towl Covenants Single-Family Down Single-Family Expired Pavment Assistance Rehabilitation Covenants 100 80 20 276 There is another sub-category of non-inclusionary housing activity that consists of rehabilitation loans to income-eligible home owners through two separate contracts implemented by Neighborhood Housing Services of the Inland Empire ("NHSIE") and the Inland Housing Development Corporation ("IHDC"). Loans are provided to home owners to address certain health and safety concerns and have a maximum value of$25,000. These loans are considered non-inclusionary because the covenant term does not meet the threshold length of time established under CDL. However, they represent a valuable tool to certain homeowners by addressing 'immediate health and safety compliance violations. As of the reporting veriod, the Agency has awarded 20 of these loans. As new loans are created they will be added to the list Similarly, staff will conduct a search of prior loans and place them on this list in order to monitor their covenants for program compliance. This report represents the first full vear of covenant monitoring operations. As more covenants are identified and new ones placed into Service this list will expand Conversely as the Agency, working in coniunction with RSG, determines that existing covenants are no longer in effect they will be removed and not counted towards the overall portfolio. Programmatically all new covenants will identifv AHS as the party entering into and enforcing agreements with individual propertv owners as opposed to the Agency. This is being done as AHS has been identified as the designated affordable housing provider for all Agencv projects This action was approved by the Commission on March 3, 2011 Over the course of the next reporting period, AHS and RSG will work on the following monitoring activities: Continue to retrieve and forward active covenants to RSG for reporting and management purposes. Updated: 11/17/2011 by Mayra Ochiqui E 1357 Q Identify and document those covenants that are no longer in effect, document this number and determine its impact on maintaining AHS's compliance under both the CRL and applicable Federal regulatory standards. Initiate verification of owner compliance with the Agency covenants through mailings spot site visits, and other monitoring activities. Update the Agency's list of inclusionary housing covenants and post them on the Agency's website as required pursuant to Section 33418 of the California Health & Safety Code. Supportiin¢Documents: Updated: 11/17/2011 by Mayra Ochiqui E Packet Pg. 144