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CC - Item 4B - Modification to Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) Policies and Procedures ManualsROSEMEAD CITY COUNCIL STAFF REPORT TO: THE HONORABLE MAYOR AND CITY COUNCIL FROM: GLORIA MOLLEDA, CITY MANAGER`a4,.,-- DATE: SEPTEMBER 29, 2021 SUBJECT: MODIFICATION TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) POLICIES AND PROCEDURES MANUALS SUMMARY The City of Rosemead ("City") funds various economic development and housing programs with federal Community Development Block Grant ("CDBG") and Home Investment Partnership Program ("HOME") entitlement funds. In April 2019 and July 2019, the City Council approved the CDBG Policies and Procedures Manual ("CDBG Manual") and HOME Policies and Procedures Manual ("HOME Manual"), respectively. Contained within the CDBG and HOME Manuals are the guidelines governing the City's programs, including affordable housing. The proposed modification to the CDBG and HOME Manuals is to establish two new Homeownership Assistance Programs using CDBG and HOME funds by incorporating flexible City financing options that best meet the need of the qualifying affordable homebuyer(s). The financing options include providing down payment assistance, closing cost assistance, writing down the first mortgage principal and/or interest rate. The type and level of assistance are determined on a case- by-case basis which financing method is most appropriate to assist the qualifying affordable families. The modification to the Manuals would also update to reflect administration of the CDBG and HOME programs by the City's Housing Division. DISCUSSION The purpose of the CDBG and HOME Manuals ("Manuals") is to provide a basic and clear understanding of the Program requirements for each respective entitlement fund. It also outlines grant administration responsibilities of the City, identifies, and assigns staff to meet these responsibilities, and provides instructional policies and procedures to guide city staff. The Manuals also contains program guidelines related to the specific economic development and housing rehabilitation programs funded by the City through the CDBG and HOME program. Proposed Modifications to the CDBG Program Policies and Procedures Manual — Staff is recommending the following modifications to the CDBG Manual: 1. Addition of Homeownership Assistance Program 2. Update the Department Roles and Responsibilities AGENDA ITEM 4.13 City Council Meeting September 29, 2021 Page 2 of 5 The current CDBG Manual includes guidelines for the following economic development and housing rehabilitation programs: • Commercial Fagade Program • Handyman Grant Program • Emergency Grant Program • Rebate Program Staff is recommending the addition of Chapter 17 entitled "Homeownership Assistance Program" to establish an additional program to increase homeownership opportunities for eligible Participants who otherwise would not be able to purchase a home in Rosemead. The proposed CDBG Homeownership Assistance Program would provide zero percent (0%) interest loans to low and moderate income (80% of AMI) participants to purchase a condominium, townhome, or single- family home in Rosemead at an affordable sales price. The loan will be secured by a recorded deed of trust, and will be deferred and forgiven if the qualified affordable buyer continues to own and lives in the homes for the full 30 -year affordability period. If however, the home is sold, transferred, or in breach of the 30 -year affordability period (secured by a deed of trust), the full amount of the City's loan plus pro -rata amount ("City -Share Equity Share") of the home value increase (e.g., increase in home value at sale) would be repaid to the City. The equity share formula is defined in the guidelines on page 134 of the Manual as follows: Equity Share Formula Program Loan(s)* / (Purchase Price + Qualified Capital Improvements) X Total Appreciation * Program Assistance provided in the form of down payment or first mortgage principal loan write-down. Additional assistance may be provided for closing costs or first mortgage interest rate buy -down but these funds will NOT be included in the calculation of the City's equity share. A summary of the proposed CDBG Homeownership Program is shown in Table 1 at the bottom of the report. Aside from the addition of the Homeownership Assistance Program, staff is updating the CDBG Manual that the program implementation responsibilities by the Housing Division for the CDBG program administrative oversight, including managing program consultants and staff to ensure programs are being carried in compliance with CDBG program requirements. In addition, the City Manager will be authorized to make modifications to the program procedures related to program design, implementation, and processing of the application and escrow closing process. Proposed modifications to the HOME Program Policies and Procedures Manual — Staff is recommending the following modifications to the HOME Manual: 1. Addition of Homeownership Assistance Program 2. Modification of Department Roles and Responsibilities The current HOME Manual includes guidelines for the following housing programs: • Home Rehabilitation Loan Program ("Owner -Occupied Rehabilitation" or "OOR") • Down Payment Assistance Loan Program ("First Time Home Buyer Assistance") City Council Meeting September 29, 2021 Page 3 of 5 Staff is recommending the addition of Chapter 6 entitled "Homeownership Assistance Program" to establish an additional program to increase homeownership opportunities for eligible Participants who otherwise would not be able to purchase a home in Rosemead. The HOME Homeownership Assistance Program would operate similarly to the CDBG Homeownership Assistance Program as described above, including the 30 -year affordability covenant and repayment of the loan and equity share if the home is sold, transferred, or in breach of the 30 -year affordability period. Due to HUD regulations, the HOME Homeownership Assistance Program is more restrictive than the CDBG program as follows: (1) limit the financial assistance in a property to the current HUD -published "Maximum Per -Unit Subsidy Limit", and (2) limit the purchase price to the HUD -approved "Maximum Purchase Price Limit". On an annual basis, HUD publishes the HOME Maximum per- unit subsidies. In addition, on an annual basis, the City, using HUD's mandated formula, conducts an analysis of sales prices as part of its Action Plan to establish its Maximum Purchase Price Limit. The current limits are as follows: MAXIMUM PURCHASE PRICE LIMIT Single -Family Condominium/Townhome $636,500 $561,450 MAXIMUM PER-UNIT SUBSIDY LIMIT aximum City Financial Assistance Number of Bedrooms HOME Maximum Subsidy 0 $153,314 1 $175,752 2 $213,718 3 $276,782 4+ $303,490 Aside from the addition of the Homeownership Assistance Program, staff is clarifying in the HOME Manual that the program implementation responsibilities by the Housing Division for the HOME program administrative oversight, including managing program consultants and staff to ensure programs are being carried in compliance with HOME program requirements. In addition, the City Manager will be authorized to make modifications to the program procedures related to program design, implementation, and processing of the application and escrow closing process. OVERVIEW OF PROPOSED PROGRAMS City Council Meeting September 29, 2021 Page 4 of 5 Table 1 CDBG — HOMEOWNERSHIP ASSISTANCE PROGRAM The amount required to make the home purchase affordable but not more than the Affordability Purchase Forgivable A minimum of three percent (3%) of the sales price excluding closing costs. Income Loan Interest Period Price after 30 years Level of City Limit Term* Rate (Equity Share Limit Financial Assistance association fees (HOA). Period 5. Back -End Ratio housing cost plus all other monthly debt payments such as credit card payments, 80% of 30 years 0% 30 years No Yes No limit AMI HOME — HOMEOWNERSHIP ASSISTANCE PROGRAM Affordability Purchase Forgivable Income Loan Interest Period Price after 30 years Level of City Limit Term* Rate (Equity Share Limit Financial Assistance Period 80% of 30 years 0% 30 years Yes Yes Limited based on the AMI current HUD - approved Maximum Per Unit Subsidy Limits. * The City loan (plus equity share, as applicable) is due immediately upon the occurrence of one or more of the following or in 30 years whichever comes first: (a) sale or transfer with certain exceptions (death spouse/divorce); (b) when the residence ceases to be used as the primary residence; (c) upon the leasing or renting of the property; (d) unapproved refinancing of the property such as refinancing for cash -out where cash out includes cash -in -hand to the Participant in excess of $1,000 and proceeds used to pay other debt such as credit cards; or (e) failure to meet any terms of the maintenance or criminal covenants or overcrowding restrictions. To ensure that the most effective City Program financing method is utilized, the City financial assistance underwriting parameters for both programs are recommended as shown in Table 2. Table 2 1. Maximum Assistance The amount required to make the home purchase affordable but not more than the HOME Program Maximum Per Unit Subsidy Limit, as applicable. 2. Down Payment A minimum of three percent (3%) of the sales price excluding closing costs. Total encumbrances (the sum of the first lien and the City Loan) may not exceed 3. Loan to Value ninety-seven percent (97%) of the current fair market value of the property. Front-end housing cost ratio of not less than 28%. Housing cost includes the 4. Front -End Ratio mortgage payment (principal, interest, property taxes and insurance) and homeowner association fees (HOA). Back -end housing cost ratio of not more than 36%. Total monthly debt includes 5. Back -End Ratio housing cost plus all other monthly debt payments such as credit card payments, child support, auto and other loan payments, etc. STAFF RECOMMENDATION City Council Meeting September 29, 2021 Page 5 of 5 That the City Council authorize the modifications to the CDBG and HOME Program Policies and Procedures Manuals subject to the approval of the Substantial Amendment adding the programs to the City's 2021-2022 One Year Action Plan which will be considered at a public hearing on September 28, 2021. FISCAL IMPACT There is no fiscal impact on the General Fund. STRATEGIC PLAN IMPACT The modifications to the CDBG and HOME Program Manual implement the "Key Organizational Goals" of ensuring the City's continued financial viability by actively pursuing quality economic development; enhance public safety and quality of life; and beautify residential neighborhoods and commercial corridors. PUBLIC NOTICE PROCESS This item has been noticed through the regular agenda notification process. Prepared by: X�Z- Andres Rangel Management Analyst Submitted by: -��7 �� Ben K' Assistant City Manager Attachment A: Draft September 2021 Modified CDBG Policies and Procedures — Red Lined Attachment B: Draft September 2021 Modified HOME Policies and Procedures — Red Lined