Neighborhood Stabilization Program—Stakeholder Meeting
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Neighborhood Stabilization Program—Stakeholder Meeting November 3, 2008. California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance. Agenda. Overview of the NSP Determining the State’s Greatest Need

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Neighborhood Stabilization Program—Stakeholder Meeting

November 3, 2008

California Department of Housing and Community Development

Deputy Director Chris Westlake - Division of Financial Assistance


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Agenda

  • Overview of the NSP

  • Determining the State’s Greatest Need

  • Survey of Jurisdictional Readiness and Capacity

  • An Overview of the State’s Implementation Plan

  • The Recommended Steps for Potential Applicants

  • Responses to Questions

  • Open Forum



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Allocations

  • HERA Provides $3.92 Billion to assist States and localities in redevelopment efforts

  • Considered a Special Allocation of 2008 CDBG Funds

  • Amounts determined by formula established by HUD using criteria specified by HERA


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Criteria for Local Distribution

  • NSP grantees must target funds to give priority emphasis and consideration to areas with greatest need, including those:

    • With the greatest percentage of home foreclosures;

    • With the highest percentage of homes financed by a subprime mortgage related loan; and

    • Identified as likely to face a significant rise in the rate of home foreclosures.


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Period to Use Funds

  • NSP grantees must use funds to purchase and redevelop abandoned and foreclosed homes and residential properties no later than 18 months after execution of the grant agreement

  • Use=obligate for a specific project


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HERA established minimum 0.5% grant allocation for each state

Effective state minimum allocation is $19,600,000

Information for States


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Information for States state

  • Role of States

    • Fund nonentitlement local governments

    • Fund CDBG or NSP entitlement grantees

    • Fund private or public nonprofits, Tribes, quasi-governmental entities

    • Directly carry out activities

    • Use contractors or developers

  • But must distribute funds to areas of greatest need, including jurisdictions receivingNSP


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National Objective Issues state

  • HERA preempts regular CDBG national objectives

  • Directs that all funds be used to benefit individuals at or below 120% of area median income

  • Slum/blight and urgent need national objectives not applicable to NSP


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National Objective Issues state

  • CDBG 70% overall low-mod income benefit test not encompass NSP funds

  • Additional HERA requirement - Not less than 25% of funds available to each grantee must be used for housing activities that benefit individuals whose incomes do not exceed 50% of area median income


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Eligible Use state

Eligible Activities

  • As an activity delivery cost for an eligible activity (designing & setting it up)

  • Financing of an NSP eligible activity, to carry out that activity, is eligible as part of that activity

  • 1. Establish financing mechanisms for purchase & redevelopment of foreclosed upon homes & residential properties…


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Eligible Use state

Eligible Activities

  • Acquisition

  • Disposition

  • Relocation

  • Direct homeownership assistance

  • Eligible rehabilitation and preservation activities for homes and other residential properties

  • Housing counseling for those seeking to take part in the activity

2. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties


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Eligible Use state

Eligible Activities

  • Acquisition

  • Disposition (includes maintenance)

3. Establish land banks for homes that have been foreclosed upon


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Eligible Use state

Eligible Activities

Clearance, for blighted structures only

4. Demolish blighted structures


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Eligible Use state

Eligible Activities

  • Acquisition

  • Disposition

  • Public facilities and improvements

  • Housing Counseling Public Services (limited to prospective purchasers or tenants of redeveloped properties)

  • Relocation

5. Redevelop demolished or vacant properties


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Eligible Use state

Eligible Activities

  • New housing construction

  • Direct homeownership assistance

  • 570.204 activities by Community Based Development Organizations

5. Redevelop demolished or vacant properties (continued)


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Eligible Uses Summary state

  • All grant funds must be used for an eligible activity according to HERA

  • Each activity must also be CDBG eligible and meet a LM national objective

  • HUD must grant written approval for any CDBG activities not listed for that eligible use

  • CDBG regulatory definitions of eligible activities apply to NSP except where specifically modified

  • New housing construction is eligible as redevelopment


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Ineligible Activities state

  • Ineligible Activities:

    • Generally, if an activity is ineligible under CDBG, it is ineligible under NSP

    • Not eligible under HERA:

      • Foreclosure prevention

      • Demolition of non-blighted structures

      • Purchase of properties not abandoned or foreclosed upon


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Rehabilitation Standards state

  • Any purchase of a foreclosed upon home or residential property under this section should be at a discount from the current market appraised value of the home or property.

    • Current condition must be taken into account


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Sale of Homes state

  • The sale of an abandoned or foreclosed upon home or residential property to an individual as a primary residence must be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition.



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Del Norte state

Modoc

Siskiyou

Shasta

Lassen

Trinity

Humboldt

Tehama

Plumas

Mendocino

Butte

Glenn

Sierra

Nevada

Colusa

Yuba

Placer

Lake

Sutter

El Dorado

Yolo

Sonoma

Alpine

Napa

Amador

Sacramento

Solano

Calaveras

Mono

Marin

Tuolumne

San Joaquin

Contra Costa

San Francisco

Alameda

Mariposa

Stanislaus

San Mateo

Merced

Santa Clara

Madera

Santa Cruz

Fresno

Inyo

San Benito

Monterey

Tulare

Kings

San Luis Obispo

Kern

San Bernardino

Santa Barbara

Los Angeles

$2,126,927 to $10,000,000

Ventura

$10,000,001 to $20,000,000

$20,000,001 to $30,000,000

Riverside

Orange

$30,000,001 to $40,000,000

$40,000,001 to $50,000,000

San Diego

Imperial

$50,000,001 to $60,000,000

$60,000,001 to $70,000,000

$70,000,001 to $80,000,000

State administered funds*

HUD’s NSP Allocations by County

*All jurisdictions statewide are eligible to apply for NSP funds with the State 


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HUD’s Allocations by Region state

Source: HUD Methodology


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State Allocation state

Priorities:

  • Highest percentage of foreclosures

  • Highest percentage of subprime loans

  • Significant rise in foreclosure rate

    Abandonment Risk:

  • = vacancy rate/ foreclosure rate

  • Available by Census Tract athttp://www.huduser.org/publications/commdevl/nsp/nsp_a-f.html



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Survey Overview state

Entities Surveyed

  • Cities 35

  • Counties 12

  • Nonprofit organizations 4

    51

    Focus

  • Capacity

  • Need

  • Eligible Activities

  • Others


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Results - Capacity state

Experienced In-House Staff and/or Expertise?

  • 12% Yes

  • 88% No

    Example: Monterey County

  • Established an inter-jurisdictional agreement between the County and South County cities to address foreclosure crisis;

  • Adopted ordinance requiring notification of foreclosures within each jurisdiction.


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Results - Needs state

Maintain an Inventory of REOs?

  • 5% Yes

  • 95% No

    Most used:

  • Real Quest

  • Realty Track

  • Title company

  • Treasurer

  • Tax Collector

  • multiple listing service

  • Notice of Default (NOD)

    Example: West Sacramento

    Realty Track data cross-referenced by Code Enforcement surveying condition of housing, NODs, title companies.


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Eligible Activity – Financing Mechanisms state

Mechanisms in place?

  • 79% None

  • 14% Soft-Seconds

  • 6% Shared Equity

  • 1% Loan-Loss Reserves

    Habitat for Humanity – Shared Equity depending on length of term

    > 45 years, 0%

    < 45 years, up to 3%


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Eligible Activity – Acquisition/Rehabilitation state

Acquisition/Rehab Programs in place?

  • 9% Yes

  • 91% No

    Example: Self-Help

    Designed acquisition/rehab program guidelines

    for HOME Program


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Eligible Activity – Land Banking state

Land Banks?Land Trusts?

  • 2% Yes 4% Yes

  • 4% Pending 4% Pending

  • 94% No 92% No

    LISC –land banking:

    http://www.lisc.org/content/publications/detail/793/

    Oakland -Urban Strategies –land trust:

    http://www.urbanstrategies.org/foreclosure/Community_Land_Trust/


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Eligible Activity – Demolish and Redevelop state

Have experience and/or plans to demolish and redevelop?

  • 15% Yes

  • 85% No


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Eligible Activity – state

Others

Working with lenders to identify foreclosed properties?

  • 2% Yes

  • 98% No

    Established outreach program for potential buyers?

  • 18% Yes

  • 82% No

    Example: Dinuba

    Outreach through local newspapers, water bill, posters and flyers posted in government and public buildings throughout the City


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Eligible Activity – stateOthers

Targeting lower income families for homeownership?

  • 8% Successful

    Example: Clearlake

    Signed MOU with Habitat for Humanity to provide assistance in targeting lower-income families for homeownership


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Want to share your best practice? state

Please contact the State’s NSP staff at:

(916) 552-9398

[email protected]



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Implementation Timeline (Tentative) state

  • 11/15/08 Post Substantial Amendment

  • 11/21/08 Public Hearing on Amendment

  • 12/01/08 Submit Amendment

  • 1/09 Disseminate Application

  • 2/09 Application Deadline

  • 3/09 Award Grants

  • 5/09 Execute Contracts


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Allocation Methodology— stateStatus Report

  • Consulting with multiple sources

    • HUD

    • Other states

    • Jurisdictions

  • Analyzing multiple data sets

  • Assessing results of various factors

    • Rankings by numbers and percentages


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Funding Factors state

  • Greatest Need. State to determine the areas of greatest need based on HUD data.

  • Capacity. Applicants considered for NSP funding must demonstrate previous and current capacity to carry out the proposed NSP activities.

  • Eligibility. The proposed activity(ies) must be eligible per the Housing the Economic Recovery Act of 2008.


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Funding Factors state

  • LMMI Benefit. The proposed activity(ies) must clearly demonstrate compliance with the national objective of low-, moderate-, middle-income (LMMI) benefit.

    Note: For NSP, LMMI benefit includes households whose incomes are 120% or less of area median income.

  • Readiness. All applicants must clearly demonstrate readiness to begin implementing the proposed activity(ies).


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Other Considerations state

  • Property Rehabilitation. If the proposed activity(ies) involve rehabilitation of property while the city/county holds title, State and federal prevailing wages may be applicable.

  • 25% Targeted Funding. Not less than 25% of the State’s total NSP Allocation must be used to house individuals or families whose incomes do not exceed 50% of area median income.



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Recommended Steps state

Pre-Award Costs

Grantees may incur pre-award costs necessary to develop an application, conduct environmental reviews, and adhere to citizen participation procedures prior to the State’s award.

Note: Reimbursements can only be made after final contract execution.


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Recommended Steps state

  • Joint Applications

  • Contiguous cities/counties may submit joint requests resulting in a single combined NSP Application to the State.

  • The NSP Application must be submitted by the identified lead agency.

  • The lead agency and participating cities/counties must enter into a Memorandum of Understanding or a Joint Powers Agreement prior to application submittal.


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Recommended Steps state

  • Citizen Participation

  • Potential applicants should initiate the citizen participation requirements by noticing and conducting the “Program Design Phase” public hearing.

  • Joint applicants must include citizen participation in all participating cities/counties.

  • Public hearing notices must be available in the appropriate languages for persons with limited English proficiency.


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Recommended Steps state

  • Citizen Participation (continued)

  • Prior to NSP Application submittal, applicants must notice and conduct the “Application Submittal” public hearing before the governing board.

  • Public notice must include all activities included in the application, dollar amount requested, and the anticipated low-, moderate-, and middle-income benefit.

  • Public notice in the appropriate languages for persons with limited English proficiency.


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Recommended Steps state

  • National Environmental Policy Act (NEPA) &

  • CA Environmental Quality Act (CEQA)

  • Applicants are highly encouraged to begin compliance with State and federal environmental requirements.

  • The State will only monitor for compliance with NEPA.

  • NEPA documentation/compliance must be cleared by the State, in writing, prior to commencing any program/project.


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Recommended Steps state

  • NEPA Compliance

  • Begin the process now.

  • For guidance, refer to CDBG Grant Management Manual, Chapter 3, at www.hcd.ca.gov/fa/cdbg/manual/

  • If required, conduct any environmental public noticing (e.g., Finding of No Significant Impact/Notice of Intent to Request Release of Funds (FONSI/NOI RROF))




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For More Information state

Department of Housing and

Community Development

www.hcd.ca.gov

[email protected]

(916) 552-9398

51


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