HomeMy WebLinkAbout2010-093-1275 - 2010-2013 Local Housing Assistance Plan
City of Miami Gardens Agenda Cover Memo Council Meeting Date: May 12, 2010 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required:
(Enter X in box) Yes No RFP/RFQ/Bid #: X N/A Sponsor Name Danny Crew, City Manager Department: Community Development Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS, FLORIDA, ADOPTING THE 2010-13 LOCAL HOUSING ASSISTANCE PLAN; AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE FLORIDA HOUSING FINANCE CORPORATION; PROVIDING FOR THE ADOPTION
OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On April 11, 2007, the City Council adopted the City of Miami Gardens (2007‐2010) Local Housing Assistance Plan
(LHAP) for the State Housing Initiatives Partnership (SHIP) Program. The plan governs the use of the State funds through various initiatives targeted at generating and preserving affordable
housing. Upon becoming a US HUD entitlement community 2007, the City became eligible to receive SHIP funds, and received its first SHIP funding allocation for the FY 2007‐08. Adoption
of the LHAP was a requirement for receiving SHIP funding. Current Situation On June 4, 2009, the Governor signed Senate Bill 360 into law, which made significant changes to the Statue
(420.907) that governs the SHIP Program; including green/innovative design, special housing needs, manufactured homes, and preservation of assisted units. These changes must be incorporated
into the City’s LHAP. Furthermore, the City‘s original LHAP was for the years 2007 to 2010. Therefore it is necessary for the City to adopt a LHAP for the years 2010 through 2013. ITEM
J-11) CONSENT AGENDA RESOLUTION 2010-2013 Local Housing Assistance Plan
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 A resolution is needed in order to adopt the 2010‐2013 Local Housing Assistance Plan and submit the LHAP to the
Florida Housing Finance Corporation. Proposed Action: Staff recommends the approval of the proposed resolution adopting the 2010‐2013 Local Housing Assistance Plan, and authorizing the
City Manager to submit the LHAP to the Florida Housing Finance Corporation. Attachments: • 2010‐2013 Local Housing Assistance Plan
CITY OF MIAMI GARDENS SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) FISCAL YEARS COVERED 20072010/200811, 200811/200912, Amending 200912/201013
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -2 -Section I. PROGRAM DESCRIPTION
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -3 -I. PROGRAM DESCRIPTION Chapter 67-37.005 F.A.C. and Section 420.9072, F.S. A. Name of the participating
local government and Interlocal if Applicable: Section 420.9072(5),F.S. The City of Miami Gardens Interlocal: Yes __ No Name of participating local government(s) in the Interlocal
Agreement; Not Applicable A copy of the Interlocal Agreement is attached as Exhibit H. (N/A) B. Purpose of the Program: Section 420.9072, F.S. and Chapter 67-37.005(3), F.A.C. Creation
of the Plan is for the purpose of meeting the housing needs of the extremely low, very low, low and moderate income households, to expand production of and preserve affordable housing,
to further the housing element of the local government comprehensive plan specific to affordable housing. C. Fiscal years covered by the Plan: Chapter 67-37.002, F.A.C. _ 2007/20082010/2011
_ 2008/20092011/2012 _ 2009/20102012/2013 D. Governance: Chapter 67-37.005(3) and (5)(i)F.A.C. and Section 420.9071(14)F.S.420.907-9079 Cities and Counties must be in compliance
with these statutes and rules. The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37.007 Florida Administrative Code. The SHIP Program
does further the housing element of the City of Miami Gardens’ Comprehensive Plan. E. Local Housing Partnership Section 420.9072(1)(a), F.S. The City of Miami Gardens’ SHIP Program is
building partnerships with lenders, builders and developers, real estate professionals, advocates for low-income persons and community groups. Such partnerships include community action
agencies and housing counseling agencies. F. Leveraging: Chapter 67-37.007(1)(b)(c), F.A.C. and Subsection 420.9075(1)(a) and (1)(b3), and (1)(c), F.S. As a participating jurisdiction,
the City of Miami Gardens receives CDBG funds from the U. S. Department of Housing and Urban Development. The City intends to use these funds to leverage SHIP funds thereby reducing
the cost of housing. In addition, the City plans to use SHIP funds for developers to use as local match
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -4 -to leverage additional CDBG or Local Housing Credits from Florida Housing Finance Corporation and participants
may be eligible for County Wide and State Down Payment Assistance. G. Public Input: Chapter 67-37.005(3), F.A.C. Public input for the LHAP was solicited through face-to-face meetings
with housing providers, social service providers, local lenders and neighborhood associations through Public hearings conducted. Two public hearings were held to gather public comment
regarding housing needs. The priorities derived from the public hearings were used to form the basis of the strategies for the plan. The hearings were noticed in a newspaper of general
circulation that services ethnic and diverse neighborhoods within the City. H. Advertising and Outreach Chapter 67-37.005(6)(a), F.A.C. The county or eligible municipality or its administrative
representative shall advertise the notice of funding availability in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods, at least 30 days before
the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Discrimination Section 420.9075(3)( c), F.S.
The City of Miami Gardens does not discriminate on the basis of race, creed, religion, color, age, sex, marital status, familial status, national origin, or handicap in the award application
process for eligible housing. J. Support Services and Counseling Chapter 67-37.005(5)(g),F.A.C. Support services are available from various sources. Available support services may include
but are not limited to: • Homeownership Counseling (Pre and Post) • Legal Services K. Purchase Price Limits: Section 420.9075(4)(c), F.S. and Chapter67-37.007(6)F.A.C. The sales price
or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area
purchase price may be that calculated for any 12-month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new
and existing units,
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -5 -which can be lower but may not exceed 90% of the median area purchase price established by the U.S. Treasury
Department or as described above. The methodology used by City of Miami Gardens is: __√_ Bond Study Numbers provided by Florida Housing Finance Corporation __ Independent Study (copy
attached) ____ U.S. Treasury Department The purchase price limit for: New and Existing Homes: $429,619.00 L. Income Limits, Rent Limits and Affordability: Chapter 67-37.005(5)(e), F.A.C.
and Section 420.9071(2), F.S. • The City of Miami Gardens will use Income Limits updated annually from the U.S. Department of Housing and Urban Development and distributed by Florida
Housing Finance Corporation. The City will define and use the methodology of determining “Annual Income” as defined in 24 CFR Part 5 of the Federal Regulations. • The City will apply
the maximum rent levels as published by the Florida Housing Finance Corporation annually and will ensure that any housing provided through this initiative is affordable. • Affordable
in this category is defined as monthly rents or mortgage payments including taxes and insurance that do not exceed 30 percent (30%) of the maximum monthly income allowed for the applicant’s
income category as indicated in Sections 420.9071 (19), (20) and (28), F.S. However, the City will not limit an individual household’s ability to devote more than 30% of its income for
housing, if the first mortgage lender is satisfied that the household can afford mortgage payments in excess of the 30% benchmark. In relation to rental housing, the City will ensure
that rents do not exceed the rental limits adjusted for bedroom size. M. Welfare Transition Program Chapter 67-37.005(6)(b)(7)F.A.C. Should an eligible sponsor be used, the City will
develop a qualification system and selection criteria for Award applications for eligible sponsors, which includes a description that demonstrates how eligible sponsors that employed
personnel from the Welfare Transition and Workforce Development Initiatives programs will be given preference in the selection process. N. Monitoring and First Right of Refusal: Section
420.9075(3)(e)and (4) (f), F.S. In the case of rental housing, the staff or entity that has administrative authority for implementing the local housing assistance plan assisting rental
developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides the same monitoring and determination, a municipality, county
or local housing financing authority may rely on such
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -6 -monitoring and determination of tenant eligibility. However, any loan or grant in the original amount
of $3,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored for at least annually for
15 years or the term of assistance which ever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages
funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons.
O. Administrative Budget: Chapter 67-37.005(6)(f)3, F.A.C.. A detailed listing including line-item budget of proposed Administrative Expenditures is attached as Exhibit A. These are
presented on an annual basis for each State fiscal year submitted. The City of Miami Gardens finds that the moneys deposited in the local housing assistance trust fund shall be used
to administer and implement the local housing assistance plan. The cost of administering the plan may not exceed 5 percent of the local housing distribution moneys and program income
deposited into the trust fund except a county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution,
that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance
plan. The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5% of program income deposited into the trust fund, except that small counties,
as defined in s. 120.52(17), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs.
The City of Miami Gardens has adopted the above findings in the attached resolution, Exhibit E. P. Program Administration Administration of the activities being carried out under this
Local Housing Assistance Plan will be carried out by the City of Miami Gardens Department of Community Development exclusively. Q. Essential Service Personnel Section 420.9075(3)(a),
F.S. Defined as any person in need of affordable housing, who is a permanent employee of a company or organization located within the City of Miami Gardens and whose service is considered
essential. Examples of this include teachers, community college and university employees, police and fire personnel, emergency service providers and health care providers.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -7 -R. Affordable Housing: Housing which is offered for sale or has an existing property value below the
City’s State Housing Initiative Program (SHIP) maximum purchase price or value limits. The housing must be occupied by persons or families whose income does not exceed 120% of the area
median income adjusted per household size.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -8 -Section II. HOUSING STRATEGIES
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -9 -II. LHAP HOUSING STRATEGIES: Chapter 67-37.005(5), F.A.C. 1. Name of the Strategy: Housing Rehabilitation
Program Summary of the Strategy: The Housing Rehabilitation Program will provide rehabilitation assistance to extremely low, very low, low and moderate income residents who live in singlefamily
owner-occupied properties located within the corporate limits of the City of Miami Gardens. The City will provide deferred payment loan assistance to an eligible homeowners for to complete
needed repairs deemed necessary to meet the decent, safe and sanitary standard conditions. Green/Innovative Design Section 420.9075(3)(d),F.S.The City of Miami Gardens will carry out
rehabilitation activities that will conserve energy and water, including but not limited to the replacement of central air conditioning systems with updated energy efficient models,
installing programmable thermostats, installing water conserving water closets, installing insulation and envelope sealing. The City’s Housing Rehabilitation Standards also include hardening
of the home to prevent any damages from future weather related forces. Special Housing Needs: Section 420.9075(1)(a), F.S.The City of Miami Gardens has identified that there are many
elderly and disabled residents that are in need of accommodations beyond the regular rehabilitation improvements. This includes such items as grab bars, ramps, usable kitchens and bathrooms,
accessible doors and switches, etc. The Department makes a concerted effort to identify these needs at the time of the initial inspection. 1.1. Fiscal Years Covered: The strategy identifies
in this section will cover the following fiscal years: 2007/2008, 2008/2009, 2009/20102010/2011, 2011/2012, 2012/2013. 1.2. Income Categories to be served: • Extremely Low Income (up
to 30% of the MSAMI) • Very Low Income (up to 50% of the MSAMI) • Low Income (up to 80% of the MSAMI) • Moderate Income (up to 120% of the MSAMI)
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -10 -1.3. Maximum award is noted on the Housing Delivery Goals Charts: Residents meeting the selection criteria
will be awarded assistance of up to a maximum of $35,000. 1.4. Terms, Recapture and Default: Financial assistance under the SHIP Emergency Rehabilitation Program will be provided to
eligible homeowners in the form of a zero percent (0%), five (5) year deferred payment loan. There are no monthly payment requirements associated with this loan. There is no amortization
on this loan. As long as the recipient continues to own the assisted property and live in the property as their principal residence during the term of the mortgage, then the loan will
not have to be repaid. Repayment of the full principal balance of the loan is required if the property receiving the financial assistance is rented, leased or sold during the life of
the loan. If sold after the five (5) year term, no repayment is required. If sold after the five ((5) year term, no repayment is required. Otherwise the principal balance will be forgiven
at maturity. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records of Miami-Dade County for compliance with the
recapture provisions for the program. Default of the loan occurs if the Mortgagor no longer resides in the home as the principal residence, or if any part of the Property or any interest
in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntary, by operation of law or otherwise, or if the Mortgagor is divested of title by judicial
sale, levy or other proceeding, or if foreclosure action is instituted against the property, or if the Property is leased or rented. In the event of death of all eligible homeowner(s),
the heirs to the property can assume the obligation based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on income and household size,
remain owner occupants of the property and do not sell or rent the property for the remaining term of the Mortgage and Note. An heir or prospective purchaser who does not qualify based
on the provisions of this strategy will be required to repay the full loan amount as provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only
be approved under the guidelines of the City’s Subordination Policy. All repayments from this program shall be considered Program Income. 1.5. Recipient Selection Criteria: All recipients
of assistance must meet the eligibility requirements as outlined below. Eligible housing includes single family homes, town houses, twin homes
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -11 -and condominiums only. Manufactured housing and mobile homes are not eligible for assistance under this
program. Applications will be processed on a first-ready first-served basis from all applicants meeting the selection criteria, subject to funding availability and in such a manner as
to comply with the statutory requirements. Other selection criteria will include the following: • The property shall consist of an owner-occupied residential unit. • Preference will
be given to eligible handicapped/disabled and elderly (62 years or older) households and homeowners. • The property must be located in the corporate city limits of the City of Miami
Gardens. The market value of the home, as indicated by the Miami-Dade Property Appraiser, may not exceed the maximum sales price allowed under the SHIP Program. • The property must
require needed repairs to meet the decent, safe and sanitary standard conditions. • The applicant may not be delinquent on property taxes or any debt owed to the City of Miami Gardens
or Miami-Dade County. 1.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However, if the need for a sponsor should arise, the City of Miami
Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6) b (7) of the Florida Administrative Code to select an eligible sponsor. Eligible persons, sponsors
or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements. 2. Name of the Strategy: Emergency Rehabilitation
Program Summary of the Strategy: The Emergency Rehabilitation Program will provide emergency repair assistance to extremely low, very low, low and moderate income owner occupied single
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -12 -family homes located within the corporate limits of the City of Miami Gardens. The City will provide
deferred payment loan assistance to eligible homeowners to carry out limited repairs such as roofing, electrical and plumbing to immediately rectify life hazardous and potentially dangerous
conditions that threaten the safety and health of the occupants of the home. 2.1. Fiscal Years Covered: The strategy identified in this section will cover the following fiscal years:
2010/2011, 2011/2012, 2012/2013. 2007/2008, 2008/2009, 2009/2010 2.2. Income Categories to be served: • Extremely Low Income (up to 30% of the MSAMI) • Very Low Income (up to 50% of
the MSAMI) • Low Income (up to 80% of the MSAMI) 2.3. Maximum award is noted on the Housing Delivery Goals Charts: The maximum award under this strategy will be $15,000. 2.4. Terms,
Recapture and Default: Financial assistance under the SHIP Emergency Rehabilitation Program will be provided to eligible homeowners in the form of a zero percent (0%), five (5) year
deferred payment loan. There are no monthly payment requirements associated with this loan. There is no amortization on this loan. As long as the recipient continues to own the assisted
property and live in the property as their principal residence during the term of the mortgage, then the loan will not have to be repaid. Repayment of the full principal balance of the
loan is required if the property receiving the financial assistance is rented, leased or sold during the life of the loan. If sold after the five (5) year term, no repayment is required.
Otherwise the principal balance will be forgiven at maturity. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records
of Miami-Dade County for compliance with the recapture provisions for the program. Default of the loan occurs if the Mortgagor no longer resides in the home as the principal residence,
or if any part part of the Property or any interest in it is sold, transferred, gifted or otherwise conveyed, whether by voluntary act, involuntary, by operation of law or otherwise,
or if the Mortgagor is divested of title by judicial sale, levy or other proceeding, or if foreclosure action is instituted against the property, or if the Property is leased or rented.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -13 -In the event of death of all eligible homeowner(s), the heirs to the property can assume the obligation
based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on income and household size, remain owner occupants of the property and do not
sell or rent the property for the remaining term of the Mortgage and Note. An heir or prospective purchaser who does not qualify based on the provisions of this strategy will be required
to repay the full loan amount as provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only be approved under the guidelines of the City’s Subordination
Policy. All repayments from this program shall be considered Program Income. 2.5. Recipient Selection Criteria: All recipients of assistance must meet the eligibility requirements as
outlined below. Eligible housing includes single family homes, town houses, twin homes and condominiums only. Manufactured housing and mobile homes are not eligible for assistance under
this program. Applications will be processed on a first-ready first-served basis from all applicants meeting the selection criteria, subject to funding availability and in such a manner
as to comply with the statutory requirements. Other selection criteria will include the following: The property shall consist of an owner-occupied residential unit. Preference
will be given to eligible handicapped/disabled and elderly (62 years or older) households and homeowners. The property must be located in the corporate city limits of the City of
Miami Gardens. The market value of the home, as indicated by the Miami-Dade Property Appraiser, may not exceed the maximum sales price allowed under the SHIP Program. The property
must have condition that proves to be of a hazardous nature or potentially dangerous condition and that requires needed repairs such as roofing, electrical and plumbing to meet the decent,
safe and sanitary standard. The applicant may not be delinquent on property taxes or on any debt owed to the City of Miami Gardens and Miami-Dade County.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -14 -2.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However,
if the need for a sponsor should arise, the City of Miami Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6)(b)7 of the Florida Administrative Code
to select an eligible sponsor. Eligible persons, sponsors or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program
requirements. 4. Name of the Strategy: Homeownership Assistance Program Summary of the Strategy: The City of Miami Gardens through the Homeownership Assistance Program will provide down
payment and closing cost assistance to eligible persons and households who are first time homebuyers, defined as persons not owning a home within the last 3 years, to purchase a newly
constructed or existing residential property within the City of Miami Gardens. The strategy will be available to assist extremely low, very low, low and moderate income residents to
purchase a single family home, town home, twin home or condominium. 4.1. Fiscal Years Covered: The strategy identified in this section will cover the following fiscal years: 2010/2011,
2011/2012, 2012/2013. 2007/2008, 2008/2009, 2009/2010. 4.2. Income Categories to be served: • Extremely Low Income (up to 30% of the MSAMI) • Very Low Income (up to 50% of the MSAMI)
• Low Income (up to 80% of the MSAMI) • Moderate Income (up to 120% of the MSAMI) 4.3. Maximum award as noted on the Housing Delivery Goals Charts: Residents meeting the selection criteria
will be awarded a maximum amount of $20,000 to be used towards down payment and closing costs. 4.4. Terms, Recapture and Default: Financial assistance to be provided under the Homeownership
Assistance Program will be provided to eligible homeowners in the form of a zero percent
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -15 -interest, thirty (30) year loan. The amount of assistance will be determined by the lender qualifying
the applicant. The initial $10,000.00 will be provided in form of a 30 year, 0% interest loan with the payment due at maturity. If the homeowner has continued living in the residence
through maturity, the balance will be forgiven and the Note considered satisfied. Any additional funding after the initial $10,000.00 will be provided in form of a 30 year 0% repayable
loan. There will be 360 equal monthly payments. Repayment of the full principal balance of the loan is required if the property receiving the financial assistance is rented, transferred
or sold during the life of the loan. Homeowners that qualify and receive assistance must execute a Mortgage and Note that will be recorded in the public records of Miami-Dade County
for compliance with the recapture provisions for the program. In the case of sale or transfer of the unit, the City will be repaid by the borrower as per the following schedule: i. 0
– 5 years – 100% of both the City’s loan balance and the pro-rata share of the net appreciation (gain) is due to the City. ii. 6 – 10 years – 100% of the loan balance and 50% of the
pro-rata share of the net appreciation (gain) is due to the City. iii. 11 – 30 years – 100% of the loan balance is due to the City. The City will not share in the appreciation after
the 10th year. 0 to 3 years – 100% of the City’s assistance and the pro rata share of the shared appreciation (gain). 3 to 30 years – On the 3rd year, 100% of the City’s assistance and
85% of the City’s pro rata share of the shared appreciation, and the borrower receives 15%. Thereafter, the borrower receives additional 5% of the City’s pro rata share annually, reducing
the City’s share by the same percentage The above appreciation sharing proposal will terminate in foreclosure; however, the city will require lenders to provide us a right of first refusal
to purchase the loan at a negotiated price. In the event of death of all eligible homeowner(s), the heirs to the property can assume the obligation based on the original terms and conditions
provided to the homeowner as long as the heirs qualify based on the original terms and conditions provided to the homeowner as long as the heirs qualify based on age, income and household
size, remain owner occupants of the property and do not sell or rent the property for the remaining term of the mortgage and note. An heir or prospective
City
of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -16 -purchaser who does not qualify based on the provisions of this strategy will be required to repay the balance
of the outstanding loan amount provided by the City of Miami Gardens. A subordination of this deferred payment mortgage will only be approved under the guidelines of the City’s Subordination
Policy. All repayments from this program shall be considered Program Income. 4.5. Recipient Selection Criteria: Applications will be processed from an established waiting list on a first-come,
first-ready, first-serve basis from applicants meeting the selection criteria, subject to funding availability and in such a manner as to comply with the statutory requirements. Other
selection criteria will include the following: • The property must be located in the corporate city limits of the City of Miami Gardens. • The purchase price of the home may not exceed
the maximum sales price allowed under the SHIP Program. • The property must meet safe and sanitary standard conditions at closing or funds must be held in escrow to bring it to safe
and sanitary standards after the closing. • The applicant may not be delinquent on any debt owed to the City of Miami Gardens or Miami-Dade County. • Applicants purchasing Manufactured
or Mobile homes are not eligible for funding under this strategy. 4.6. Sponsor Selection Criteria: The City of Miami Gardens intends to administer this program. However, if the need
for a sponsor should arise, the City of Miami Gardens will use a Request for Proposals process in accordance with Chapter 67-37.005(6)b(7) Florida Administrative Code to select an eligible
sponsor. Eligible persons, sponsors or other recipients of assistance under this program will be required to contractually commit and comply with all SHIP Program requirements. 5. Name
of the Strategy: Florida Homebuyer Opportunity Program Summary of the Strategy:
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -17 -This strategy is designed in response to the legislative proviso requiring SHIP local governments to
expend 2009-2010 funds to ensure that residents of the state derive the maximum possible economic benefit from the federal first time homebuyer tax credit created through the American
Recovery and Reinvestment Act of 2009 by providing subordinate down payment assistance loans to first time homebuyers for owner occupied primary residences that can be repaid by the
income tax refund the homebuyer is entitled to under the First Time Homebuyer Credit. The state program shall be call the “Florida Homebuyer Opportunity Program.” 5.1. Fiscal Years Covered:
The strategy identified in this section will cover 2009/2010 or until expiration of the Florida Homebuyer Opportunity Program Tax Credit. 5.2. Income Categories to be served: • Up to
$75,000 for single taxpayers • Up to $150,000 for joint filers There is no requirement to reserve 30 30 percent of the funds for awards to very-lowincome persons or 30 percent of funds
for awards to low-income persons; and there is no requirement to expend 75% of funds for construction, rehabilitation or emergency repair. 5.3. Maximum Award: The principal balance of
the loans provided shall not exceed 10% of the purchase price or $8,000 whichever is less. 5.4. Terms, Recapture and Default: • The City of Miami Gardens will provide the award in form
of a deferred payment loan, accruing interest at an annual rate of six percent (6%) from the closing date of the loan. • The loan will be secured by a Subordinate Mortgage Lien recorded
on the home being purchased. • If repayment is made by the homebuyer within 18 months after the closing date of the loan, all interest charges will be waived and the City will satisfy
the Mortgage Lien. • If repayment is not received within the 18 months, the balance due will continue to accrue interest at an annual rate of six percent (6%).
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -18 -• Beginning the 37th month, if payment has not been received, the homeowner will be required to begin
making monthly payments towards the balance due. • The payments will consists of principal and interest and will be based on a 60 month amortization schedule. • If the homeowner ceases
to own or occupy the home as their primary residence, the City will consider this a default of the contract terms and demand payment in full plus any outstanding interest due. • All
funds repaid to the City of Miami Gardens shall be considered “program income” as defined in s. 420.9071(24). 5.5. Recipient Selection Criteria: Recipients must meet the requirements
of the following: The maximum income limit shall be the Adjusted Gross Income of $75,000 for single taxpayer households or $150,000 for joint filing taxpayer households which is equal
to that permitted by the American Recovery and Reinvestments Act of 2009.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -19 -Section III. INCENTIVE STRATEGIES
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -20 -III. LHAP INCENTIVE STRATEGIES Section 420.9071(16), F.S. 1. Expedited Permitting Process The processing
of approvals for Development Orders or Permits as defined in s. 163.3164(7) and (8) for affordable housing projects are expedited to a greater degree than other projects. . Established
Policy and Procedures: The City of Miami Gardens has implemented a process that will eliminate any delay in the review of affordable housing development projects permit applications.
These applications will be prioritized from other type of project applications in order to ensure expediting the projects. 2. Development Impact Fee Waiver /Exemption The modification
of impact fee requirements, including reduction or waiver of fees and alternative methods of fee payment for affordable housing. Established Policy and Procedures Housing projects will
receive a waiver or reduction of impact fees when developing affordable housing units. For the developer to secure the waiver or reduction of the impact fees, the Department of Community
Development must be able to certify that the proposed housing project/unit(s) are affordable to either very-low, low and median income families and individuals. Such waivers or reductions
must be approved by the City Council. 3. Density Bonus The allowance of increase density levels for affordable housing. Established Policy and Procedures Affordable housing residential
and planned development projects may receive a density bonus based on an analysis of affordability, site characteristics and proposed project specifics. This analysis will be conducted
in coordination with the Department of Community Development and the Department of Planning and Zoning. 4. Infrastructure Capacity The reservation of infrastructure capacity for housing
for very-low-income persons and low-income persons.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -21 -Established Policy and Procedures The City of Miami Gardens has a Concurrency Management System that
tracks potable water, sanitary sewer, solid waste, traffic, and park and drainage capacities. This System will ensure that there is always infrastructure capacity available for affordable
housing projects. 5. Accessory Single Family Dwelling Units The allowance of affordable accessory residential units in the residential zoning districts. Established Policy and Procedures
The construction of an accessory dwelling unit on a residentially zoned lot is permitted subject to the provisions established by the City of Miami Gardens Land Development Regulations.
This makes available inexpensive dwelling units to meet the needs of elderly and single very-low and low income individuals. 6. Reduction of Parking and Setback Requirements The reduction
of parking and setback requirements for affordable housing. Established Policy and Procedures Affordable housing projects are afforded an opportunity to receive a reduction in parking
and setback requirements by the City of Miami Gardens. Requests for reduction of parking and setback requirements in relation to the development of affordable housing must be developed
following the standards established in the Land Development Regulations. 7. Zero-Lot-Line and Street Requirement Allowance The allowance of zero-lot-line configurations for affordable
housing. Established Policy and Procedures The City of Miami Gardens has in its Land Development Regulations a plan for zero-lot-line development and allowances toward street requirements
for affordable housing projects. The proposed project applications are reviewed by the Department of Planning and Zoning. The Department of Community Development will be responsible
for certifying the extent to which the project is affordable. 8. Ongoing Review Process The establishment of a process by which local government considers, before adoption, policies,
procedures, ordinances, regulations, or plan provisions that increase the cost of housing.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -22 -Established Policy and Procedures The City of Miami Gardens has adopted policies which state that any
regulation being proposed that could potentially increase the estimated housing cost per unit, will be reviewed by the Department of Planning and Zoning and the Department of Code Enforcement.
These groups will consider the effect of the proposed activity and its effects on the cost of housing prior to their recommendation to the City Council. City Council will consider the
financial impact before making its decision on adopting the proposed regulation. 9. Surplus City Owned Land Inventory The preparation of a printed inventory of locally owned public lands
suitable for affordable housing. Established Policy and Procedure The City of Miami Gardens Department of Community Development will maintain an inventory of all surplus City-owned land
and foreclosed properties that could be used for affordable housing. The City will make this list available to all for-profit and not-for-profit affordable housing developers. 10. Affordable
Housing Advisory Committee The City of Miami Gardens has established an Affordable Housing Advisory Committee to review its housing policies and procedures, ordinances, land development
regulations, and adopted local government comprehensive plan of the appointing local government. They will be asked to recommend specific initiatives to encourage or facilitate affordable
housing while protecting the ability of the property to appreciate in value. The composition of this committee will be in accordance with the F.S. 420.9072 and appointed by the City’s
Council Members, the committee members and their terms will be adopted by way of Resolution. If the City is unable to appoint a citizen actively engaged in these activities in connection
with affordable housing either because of the presence of a conflict of interest by prospective appointees, or any other reasonable factor, the City will appoint a citizen engaged in
the activity without regard to affordable housing, as allowed by statute.
City of Miami Gardens 2007-2010 SHIP Local Housing Assistance Plan Amendment -23 -EXHIBITS: A. Administrative Budget for each fiscal year covered in the Plan. Exhibit A. B. Timeline
for Encumbrance and Expenditure: Chapter 67-37.005(6)(d) and (f) F.A.C. A separate timeline for each fiscal year covered in this plan is attached as Exhibit B. Program funds will be
encumbered by June 30th, one year following the end of the applicable state fiscal year. Program funds will be fully expended within 24 months of the end of the applicable State fiscal
year. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the Plan: Chapter 67-37.005), F.A.C. Completed HDGC for each fiscal year is attached as Exhibit C. D. Certification
Page: Chapter 67-37.005(7), F.A.C. Signed Certification is attached as Exhibit D. E. Adopting Resolution: Section 420.9072(2)(b)2, F.S. Original signed, dated, witnessed or attested
adopting resolution is attached as Exhibit E. F. Program Information Sheet: Completed program information sheet is attached as Exhibit F. G. Ordinance: Section 420.9072(3)(a), F.S. Exhibit
G. H. Ordinance: Section 420.9076 F.S. Exhibit H. I. Interlocal Agreement: Section 420.9072, F.S. N/A