HomeMy WebLinkAboutResolution 2021-174 N.C.S. 11/01/2021 DocuSign Envelope ID:4007DB50-B444-42CB-84F1-DD378C55AED7
Resolution No. 2021-174 N.C.S.
of the City of Petaluma, California
A RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA, ESTABLISHING THE CITY
OF PETALUMA LOCAL HOUSING TRUST FUND AND AUTHORIZING THE CITY MANAGER
TO APPLY AND EXECUTE AGREEMENTS FOR GRANTS RELATED TO THE PETALUMA
LOCAL HOUSING TRUST FUND
WHEREAS,there exists within the City of Petaluma(City)a shortage of decent, safe, and affordable housing
such that it is adverse to the health, well-being, and prosperity of the City's residents; and
WHEREAS,residents with lower household incomes are more likely to be impacted by this shortage,leading
to difficulty in finding safe and affordable housing options within the City; and
WHEREAS, residents with lower household incomes are more likely to be cost-burdened by housing
expenses, sometimes paying 30-50% or more of their income on housing; and
WHEREAS, cost-burdened households have fewer financial resources to expend on other necessities such as
healthy food, education, and medical expenses; and
WHEREAS, the establishment of a City of Petaluma Local Housing Trust Fund (LHTF) would create an
opportunity to address the need for decent, safe, and affordable housing within the City through community
supported, housing-related programs and activities; and
WHEREAS,a LHTF can help the City address identified housing needs and fulfill housing programs outlined
within various plans, such as the Housing Element; and
WHEREAS, a LHTF can increase opportunities for the City to meet its Regional Housing Needs Allocation;
and
WHEREAS, the City's Housing In-Lieu Fund and Commercial Linkage Housing Funds are to be used
specifically to fund the development and preservation of low-income housing units ;and
WHEREAS, the City of Petaluma will act as the settlor and manifests an intention to create a trust; and
WHEREAS, the In-Lieu Funds and Commercial Linkage Funds, which are ongoing revenues as defined by
HCD's LHTF Final 2020 Guidelines, can be the trust property, and can be used as dedicated sources for matching
funds of any LHTF grant; and
WHEREAS, the LHTF trust will be used for eligible uses of funds as stated in Section 105 of HCD's LHTF
Guidelines as may be amended from time to time; and
WHEREAS, the City of Petaluma will act as the trustee of the City of Petaluma LHTF; and
WHEREAS the beneficiaries of the City of Petaluma LHTF will be at the discretion of the trustee and based
on eligible uses of funds as stated in Section 105 of HCD's LHTF 2020 Guidelines as may be amended from time
to time, and is attached hereto as Exhibit A; and
WHEREAS,the City council call allocate funding into the LHTF Trust to be used as eligible funds for grant
matching; and
Resolution No. 2021-174 N.C.S. Page 1
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WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing a LHTF does not meet
CEQA's definition of a "project," because the action does not have the potential for resulting in either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and
because the action constitutes an administrative and fiscal activity of the governments which does not involve
any commitment to any specific project which that may result in direct or indirect physical changes in the
environment, and furthermore any use of LHTF funds will result in its own CEQA analysis.
NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Petaluma as follows:
1. Findings. The above recitals are declared to be true and correct and are incorporated into this resolution as
findings of the City Council.
2. CEQA Analysis.the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, in that establishing a LHTF does not meet
CEQA's definition of a"project,"because the action does not have the potential for resulting in either a direct
physical change in the environment or a reasonably foreseeable indirect physical change in the environment,
and because the action constitutes an administrative and fiscal activity of the governments which does not
involve any commitment to any specific project which that may result in direct or indirect physical changes in
the environment, and furthermore any use of LHTF funds will result in its own CEQA analysis.
3. Local Housing Trust Fund City Fund. City staff are authorized to create a City Fund to be designated as the
City of Petaluma Local Housing Trust Fund(LHTF). Proceeds in this fund shall be used to address the need for
decent, safe, and affordable housing within the city.
4. Program Guidelines. The revenue held within the LHTF shall be expended according to adopted Program
Guidelines, as detailed in Attachment A. Program Guidelines may be updated by the Housing Manager or their
designee as necessary to address changing local housing needs or Multiple Program Guidelines may be adopted
to direct expenditures according to the parameters of funding sources.Development of Program Guidelines shall
occur through an accessible, community-supported process.
5. Management. The Housing Manager or their designee shall serve as the Administrator of the LHTF. The
responsibilities of the Administrator shall include each of the following:
a. Maintaining all records related to the LHTF.
b. Assisting prospective applicants/recipients requesting LHTF support.
c. Coordinating formal agreements with recipients of LHTF
d. Monitoring the use of LHTF funds, including oversight to Fund distributions and recipient agreements.
e. Facilitating community input for the development of new or updated Program Guidelines.
f. Providing an Annual Report to the City Council on LHTF activities.
6. Funding. The LHTF shall be funded upon council authorization from the Housing In-Lieu Fund and
Commercial Linkage Housing Fund as needed for applications requiring matching funds. The LHTF remains
eligible to receive allocations from additional sources as they become available.
7. Annual Report.The Housing Manager shall prepare and submit an annual report to the Council on the activities
undertaken with funds from the LHTF in the previous calendar year. The Report shall be publicly accessible.
8. Compliance with Probate Code: Finds that the City of Petaluma LHTF was created in compliance with Sections 15200
et. seq. of the California Probate Code as:
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a. The City of Petaluma will act as the settlor and manifests an intention to create a trust.
b. The City's the In-Lieu Funds and Commercial Linkage Funds,will be the trust property, and shall be used
as dedicated sources for matching funds of any LHTF grant.
c. The LHTF trust will be used for eligible uses of funds as stated in Section 105 of HCD's LHTF Guidelines
as may be amended from time to time.
d. The City of Petaluma will act as the trustee of the City of Petaluma LHTF.
e. The beneficiaries of the City of Petaluma LHTF will be at the discretion of the trustee and based on eligible
uses of funds as stated in Section 105 of HCD's LHTF 2020 Guidelines as may be amended from time to
time, and is attached hereto as Exhibit A.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a Regular meeting on the I"day of November Docuftnedflxtm:
2021,by the following vote: 7^�,
5EF85t?j�3X4frney
AYES: Mayor Barrett;Vice Mayor Barnacle;Fischer;Healy;King;McDonnell;Pocekay
NOES: None
ABSENT: None
ABSTAIN: None
DocuSigned by: DocuSignedb.,y:
ATTEST: �� fit,V sx I,¢awl-ll
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Resolution No. 2021-174 N.C.S. Page 3
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EXHIBIT A
Local Housing Trust Fund Program
Final 2020 Guidelines
•
0 El
■ ■■ •
Ion
State of California
Gavin Newsom, Governor
Lourdes M. Castro Ramirez, Secretary
Business, Consumer Services and Housing Agency
Douglas R. McCauley, Acting Director
California Department of Housing and Community Development
2020 West El Camino Avenue, Suite 670
Sacramento, CA 95833
Telephone: (916) 263-2771
Website: http://www.hcd.ca.gov
LHTF email: LHTF(a_hcd.ca.gov
April 2020
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The matters set forth herein are regulatory mandates, and are adopted in accordance
with the authorities set forth below:
Quasi-legislative regulations ... have the dignity of statutes ...
[and]...delegation of legislative authority includes the power to elaborate
the meaning of key statutory terms...
Ramirez v. Yosemite Water Col, 20 Cal. 4'" 785, 800 (1999)
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Table of Contents
Section 100. Purpose and scope.............................................................................. 1
Section101. Definitions............................................................................................ 1
Section 102. Eligible Applicants................................................................................ 7
Section 103. Funding amount minimums and maximums......................................... 9
Section 104. Matching Funds requirements............................................................ 10
Section 105. Eligible uses of funds ......................................................................... 10
Section 106. Application process............................................................................ 11
Section 107. Protection of Program Funds ............................................................. 13
Section 108. Program Grantee responsibilities ....................................................... 14
Section 109. Encumbrance deadline and application repayment............................ 14
Section 110. Legal documents................................................................................ 15
Section 111. Cancellation and termination.............................................................. 15
Section112. Reporting ........................................................................................... 16
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INTRODUCTION
Health and Safety Code (HSC) Section 50843.5 authorizes the California Department of
Housing and Community Development (Department) to provide matching grants to
Local Housing Trust Funds established by cities and counties, Native American Tribes,
and/or incorporated 501(c)(3) nonprofit organizations. Funds may be used for
construction loans and/or permanent financing loans to pay for predevelopment costs,
acquisition costs, and other costs associated with development or rehabilitation of
Affordable rental housing projects, Emergency Shelters, Permanent Supportive
Housing, Transitional Housing, or Affordable homebuyer/homeowner projects, including
assistance to income-eligible households to purchase for-sale units. Funds may also be
used for the construction, conversion, repair, reconstruction or rehabilitation of
Accessory Dwelling Units or Junior Accessory Dwelling Units.
The Department's objective is to expand sources of funding for housing, and to expand
the supply of Affordable housing through the creation of new Local Housing Trust
Funds, and to support the on-going operation of existing Local Housing Trust Funds.
A Notice of Funding Availability (NOFA) will be released as funds are available.
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Section 100. Purpose and scope
(a) These Guidelines implement, interpret, and make specific Health and Safety
Code (HSC) Sections 50842.1, 50842.2, 50843.5 and Section 54006(f), which
govern the Local Housing Trust Fund Program (LHTF or LHTF Program). The
principal goal of the LHTF Program is to expand sources of funding for housing
through the creation of new Local Housing Trust Funds and to support existing
Local Housing Trust Funds. Under the LHTF Program, the California Department
of Housing and Community Development (Department) provides matching grants
to eligible Applicants that have a Local Housing Trust Fund. LHTF Program
Funds shall be used to make construction loans and/or permanent financing
loans to pay for predevelopment costs, acquisition costs, and other costs
associated with development or rehabilitation of Affordable rental housing
projects, Emergency Shelters, Permanent Supportive Housing, Transitional
Housing, and Affordable homebuyer/homeowner projects, including assistance to
income-eligible households to purchase for-sale units. Funds may also be used
for the construction, conversion, repair, reconstruction, or rehabilitation of
Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs).
(b) Proposition 1 of 2018 granted the Department authority to implement the LHTF
Program through Guidelines.
(c) These Guidelines establish terms, conditions, and procedures for Applicants to
submit applications to the Department for grants from the LHTF Program and for
funds awarded under the LHTF Program.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference cited: HSC
Sections 50842.2 and 50843.5.
Section 101. Definitions
The following definitions govern the use of the terms below in this subchapter:
(a) "Accessory Dwelling Unit (ADU) means a dwelling unit, which is attached,
detached, or located within the living area of the existing dwelling or residential
dwelling unit and provides complete independent living facilities for one or more
persons pursuant to Government Code (GC) Section 65852.2 and 65852.22. It
shall include permanent provisions for living, sleeping, eating, cooking, and
sanitation on the same parcel as the single-family dwelling is situated. An ADU
also includes an efficiency unit, as defined in HSC Section 17958.1, or a
manufactured home, as defined in HSC Section 18007. ADUs must be restricted
to occupancy by households with incomes of no more than 120 percent of AMI at
an Affordable rent for a minimum of 10 years.
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(b) "Affordable" means a housing unit that satisfies at least one of the following
criteria:
(1) If the unit is being rented to Lower-Income, Very Low-Income or Extremely
Low-Income Households, it complies with Section 7312(a) of the Multifamily
Housing Program guidelines;
(2) If the unit is being sold, it is offered at an "Affordable housing cost", as defined
in HSC Section 50052.5; or
(3) If the unit is being rented to Moderate-Income Households, it is available at a
gross rent, including a utility allowance, that does not exceed 30 percent of
the applicable income-eligibility level, and complies with the definition of
Moderate-Income in these guidelines.
(c) "Applicant" means one of the following:
(1) A local government or local governments which have created a Local or
Regional Housing Trust Fund to receive specific revenue to address local
housing needs.
(2) A Native American Tribe or Tribes which have created a Local or Regional
Housing Trust Fund to receive specific revenue to address local housing
needs.
(3) A nonprofit Local or Regional Housing Trust Fund incorporated under Section
501(c)(3) of the Internal Revenue Code to receive specific public, or public
and private, sources of revenue to address local housing needs.
(d) "Area Median Income" or "AMI" means the most recent applicable county median
family income published by the Department, available at the HCD website,
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-
limits.shtml.
(e) "Dedicated Source" means taxes, fees, and loan repayments consistent with
Section 104(c), and/or public or private contributions that will provide Ongoing
Revenues to the Local Housing Trust Fund sufficient to meet the requirements of
the LHTF Program. Dedicated Source does not include lines of credit or loans
obtained by the Trust Fund.
(f) "Department" means the California Department of Housing and Community
Development.
(g) "Eligible Project" means any of the following:
(1) Rental housing projects including Permanent Supportive Housing. The
affordability of all units assisted by Program Funds shall be income and rent
restricted for not less than 55 years;
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(2) Emergency Shelters and Transitional Housing, with a required minimum term
of 15 years;
(3) Homeownership Projects or Units Within a Homeownership Project,
consisting of homebuyer assistance and rehabilitation of homes owned by
income-eligible owner-occupants. Homebuyer and owner-occupied
rehabilitation activities may include construction, conversion, or rehabilitation
of ADUs or JADUs, as defined in this section; or
(4) Construction, conversion, or rehabilitation of ADUs or JADUs without an
Eligible Homeownership Project, consisting of a loan to a homeowner to build,
convert, or rehabilitate an ADU or JADU, as defined in this section.
(h) "Emergency Shelter" means the same as in 24 CFR 576.2.
(i) "Existing Local Housing Trust Fund" is a Local Housing Trust Fund organized,
funded, and operated more than 12 months prior to the date the Notice of
Funding Availability (NOFA) is issued.
Q) "Extremely Low Income" has the meaning set forth in HSC Section 50106, which
is a maximum of 30 percent of AMI. Grantees shall utilize income limits issued by
the Department available on the HCD website, http://www.hcd.ca.gov/grants-
funding/income-limits/state-and-federal-income-limits.shtml.
(k) "First-time Homebuyer" means an individual, or individuals, or an individual and
his or her spouse, who are in the process of buying a dwelling with the intent to
occupy the home as a principal place of residence, and who have not owned a
home during the three-year period before the purchase of a home with Program
Funds, except that the following individual or individuals may not be excluded
from consideration as a First-time Homebuyer under this definition:
(1) A displaced homemaker who, while a homemaker, owned a home with his or
her spouse or resided in a home owned by the spouse. A displaced
homemaker is an adult who has not, within the preceding two years, worked
on a full-time basis as a member of the labor force for a consecutive twelve-
month period, and who has been unemployed or underemployed,
experienced difficulty in obtaining or upgrading employment, and worked
primarily without remuneration to care for his or her home and family;
(2) A single parent who, while married, owned a home with his or her spouse or
resided in a home owned by his or her spouse. A single parent is an
individual who is unmarried or legally separated from his or her spouse, and
has one or more minor children for whom the individual has custody or joint
custody, or is pregnant; or
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(3) An individual or individuals who owns or owned, as a principal residence
during the three-year period before the purchase of a home with Program
Funds, a dwelling unit whose structure is:
(A) Not permanently affixed to a permanent foundation in accordance
with local or state regulations; or
(B) Not in compliance with state, local, or model building codes and
cannot be brought into compliance with such codes for less than
the cost of constructing a permanent structure.
(1) "Grantee" means an entity that has received an award of LHTF Program Funds.
(m) "Homeownership Project or Units Within a Homeownership Project" means
Eligible Projects that use Program Funds to assist First-time Homebuyers in the
acquisition or construction of dwellings, or to assist in rehabilitation of owner-
occupied housing units in which the homeowner has an ownership interest
sufficient to comply with HSC Section 50843.5(d)(3), including the construction,
conversion, repair, reconstruction or rehabilitation of ADUs or JADUs.
Homeowner transactions shall comply with the resale requirements set forth in
HSC Section 50843.5(d)(3) for a period of 30 years from the date that Program
Funds are used to acquire, construct, or rehabilitate the property.
(n) "Junior Accessory Dwelling Units" ("JADUs") shall have the same meaning as
defined by GC Section 65852.22(g)(1). JADUs must be restricted to occupancy
by households with incomes of no more than 120 percent of AMI at an Affordable
Rent for a minimum of 10 years.
(o) "Legally-Binding Commitment" means a fully-executed commitment letter or a
fully-executed contract to provide Matching Funds, specifying the source(s) of the
Matching Funds, the amount of Matching Funds from each source, the date upon
which the funds will be deposited into the Local Housing Trust Fund or Regional
Housing Trust Fund account, and remedies for not depositing the Matching
Funds on that date.
(p) "Local Housing Trust Fund" is a public, joint public and private, or charitable
nonprofit organization organized under Section 501(c)(3) of the Internal Revenue
Code, which was established by legislation, ordinance, resolution (including
nonprofit articles of incorporation), or a public-private partnership organized to
receive specific public, or public and private, revenue to address local housing
needs. The key characteristic of a Local Housing Trust Fund is that it receives
Ongoing Revenues from Dedicated Sources of funding sufficient to permit the
Local Housing Trust Fund to comply with the requirements of the Program.
(q) "Local Impact Fees" are impact fees, mitigation fees, or capital facility fees
imposed on development projects by municipalities, county agencies, or other
jurisdictions such as utility districts, school districts, water agencies, and resource
conservation districts. Local Impact Fees may include fees for residential or
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commercial development (in lieu of building affordable housing), parks and
recreation, schools, traffic, street and signals, law enforcement facilities, fire
facilities, library facilities, water facilities, waste water treatment, waste water
collection, drainage facilities, community development, general facilities, public
facilities, governmental facilities, environmental facilities, and facilities
assessments.
(r) "Lower-Income Households" has the meaning set forth in HSC Section 50079.5,
which states that Lower-Income Households are persons and families with a
maximum income of 80 percent of AMI. Grantees shall utilize income limits
issued by the Department available at the HCD website,
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-
limits.shtml.
(s) "Matching Funds" shall mean available funds meeting the requirements of
Section 104.
(t) "Moderate-Income Households" has the meaning set forth in Health & Safety
Code Section 50093, which states that Moderate-Income Households are
persons and families with a maximum income of 120 percent of AMI. Grantees
shall utilize income limits issued by the Department available at the HCD
website, http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-
income-limits.shtml.
(u) "Native American Lands" means real property located within the State of
California, which is trust land for which the United States holds title to the tract, or
interest in trust, for the benefit of one or more Native American Tribes or
individual Native Americans, or is restricted Native American land for which one
or more Native American Tribes or individual Native Americans holds fee title to
the tract or interest, but can alienate or encumber it only with the approval of the
United States. Native American Lands may be leased for housing development
and residential purposes under federal law.
(v) "Native American Tribe or Tribes" means any duly constituted governing body of
a Native American reservation or rancheria, or a tribally designated housing
entity, as defined in Section 4103 of Title 25 of the United States Code and
Section 50104.6.5.
(w) "New Local Housing Trust Fund" is a Local Housing Trust Fund that was
organized, funded, and operated no more than 12 months prior to the Round 1
NOFA release date, or, for Round 2 and beyond, no more than 12 months prior
to the NOFA release date, or created since the last NOFA was issued (whichever
is longer). If a trust fund has ever previously received an award, it will not be
considered "new". If a "New Local Housing Trust Fund" submits an application
within the time frames required, and passes threshold for that funding round but
does not score highly enough to receive an award, it shall be permitted to apply
in the next funding round as a "New Local Housing Trust Fund." This exception
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will be true even if timing between NOFAs would otherwise cause a "New Local
Housing Trust Fund" to be timed out and no longer considered "new" based on
the date of its creation. If the trust fund still does not score highly enough the
second time, it will no longer be able to apply as a "new" trust fund in any
subsequent funding rounds.
(x) "NOFA" means a Notice of Funding Availability issued by the Department to
announce the availability of Program Funds, the terms and conditions of awards,
and requirements for the submittal of applications.
(y) "On Deposit" means that the local Matching Funds are deposited in the Local
Housing Trust Fund. The Department shall not disburse Program Funds until the
Matching Funds required for the Eligible Project are On Deposit. In the event that
a Trust Fund has sufficient Matching Funds in its account at the NOFA
application deadline, but also has Legally-Binding Commitments to deposit
additional sufficient Matching Funds prior to disbursement of any Program
Funds, the Department may permit the Trust Fund to deploy the original
Matching Funds, pending the Department's approval of the Legally-Binding
Commitments to deposit additional sufficient Matching Funds. In no event shall
any Program Funds be disbursed until the Matching Funds required for the
Eligible Project are On Deposit.
(z) "Ongoing Revenues" means the following:
(1) For an Existing Housing Trust Fund, it means a public or private source, or
sources, of revenue totaling at least an average of $100,000 per year for
three years after the date of the Program award; and
(2) For a New Housing Trust Fund, it means sufficient public or private sources of
revenue to pay for the Trust Fund's operating costs for a minimum of five
years after the date of the Program award.
(3) Ongoing Revenues may not include one-time donations, such as land
donations or large bequests.
(aa) "Permanent Supportive Housing" has the same meaning as in HSC Section
50675.14: housing, with no limit on the length of stay, that is occupied by the
target population, and that is linked to onsite or offsite services that assist the
supportive housing residents in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and, when possible, work in the
community. Permanent Supportive Housing may include associated facilities if
used to provide services to housing residents. Permanent Supportive Housing
does not include "health facility" as defined by HSC Section 1250, or any
"alcoholism or drug abuse recovery or treatment facility" as defined by HSC
Section 11834.02, or "community care facility" as defined in HSC Section 1502,
or "mental health rehabilitation centers" as defined in Section 5675 of the Welfare
and Institutions Code (WIC), or other residential treatment programs.
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(bb) "Program" or "LHTF Program" means the Local Housing Trust Fund Program
authorized by HSC Section 50843.5, as implemented in these Guidelines.
(cc) "Program Funds" means the funds provided by the Department to a Local
Housing Trust Fund pursuant to these Guidelines.
(dd) "Regional Housing Trust Fund" means a Trust Fund serving two or more
jurisdictions if the combined population is more than 1 million people; serving
three or more jurisdictions in counties with total populations of 250,000 or less;
and serving four or more jurisdictions in counties with total populations of more
than 250,000.
(ee) "Transitional Housing" means the same as in 24 CFR 578.3.
(ff) "Very Low Income" has the meaning set forth in HSC Section 50105, which is
50 percent of AMI. Grantees shall utilize income limits issued by the Department
for Very Low-Income Households for each county available at the HCD website,
http://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-
limits.shtml.
Note: Authority cited: HSC Section 54014 subdivision(b). Reference cited: Health and
Safety Code Sections 50052.5, 50053, 50079.5, 50081, 50093, 50105, 50106, 50843.5
and 53545.9(c).
Section 102. Eligible Applicants
The following entities shall be eligible to apply for Program Funds:
(a) A city, county, or city and county that has created, funded, and operated an
Existing Local Housing Trust Fund, or that has created and funded a New Local
Housing Trust Fund.
(1) The trust fund shall have the following characteristics:
(A) It shall utilize a public, or joint public and private, fund established
by legislation, ordinance, resolution, or a public-private partnership,
to receive specific revenue to address local housing needs.
(B) It shall be funded from Ongoing Revenues as required by the
definition in Section 101 from Dedicated Sources of funding such
as taxes, fees, loan repayments, or public or private contributions.
(2) The city or county shall have, at the time of application, a Housing Element
that was adopted by the city or county's governing body and subsequently
determined by the Department to be in compliance with state Housing
Element law pursuant to GC Section 65585.
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(3) The city or county shall have submitted to the Department the Annual
Progress Report required by GC Code Section 65400 for the current or prior
year by the application deadline date.
(4) A Local Housing Trust Fund or Regional Housing Trust Fund that was
created, funded, and operated by a combination of two or more cities or
counties shall, in its application, agree to utilize Program Funds only for
Eligible Projects located in cities or counties that have, at the time of
application, an adopted Housing Element meeting the requirements of
subparagraph (2) above, and for which the Annual Progress Report was
submitted for the current or prior year by the application deadline date, as
required by subparagraph (3) above.
(b) A charitable nonprofit organization described in Section 501(c)(3) of the Internal
Revenue Code that is an Existing Local Housing Trust Fund or a New Local
Housing Trust Fund.
(1) The trust fund shall have the following characteristics:
(A) It shall consist of a public, or joint public and private, fund
established by legislation, ordinance, resolution, or a public-private
partnership, to receive specific revenue to address local housing
needs.
(B) It shall be funded from Ongoing Revenues as required by the
definition in Section 101 from Dedicated Sources of funding such
as taxes, fees, loan repayments, or public or private contributions.
(2) The charitable nonprofit organization shall, in its application, agree to
utilize Program Funds only for Eligible Projects located in cities and
counties that have, at the time of application, an adopted Housing Element
that the Department has determined, pursuant to Section 65585 of the
GC, to be in substantial compliance with the requirements of Article 10.6
(commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of
the GC.
(3) The charitable nonprofit organization shall, in its application, agree to
utilize Program Funds only for Eligible Projects located in cities and
counties that have submitted to the Department the Annual Progress
Report required by GC Code 65400 for the current year or prior year by
the application deadline date.
(c) A Native American Tribe or Tribes that has or have created, funded, and
operated an Existing Local Housing Trust Fund, or that has created and funded a
New Local Housing Trust Fund.
(1) The trust fund shall have the following characteristics:
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(A) It shall utilize a public, or joint public and private, fund established
by legislation, ordinance, resolution, or a public-private partnership,
to receive specific revenue to address local housing needs.
(B) It shall be funded from Ongoing Revenues as required by the
definition in Section 101 from Dedicated Sources of funding such
as taxes, fees, loan repayments, or public or private contributions.
(2) The Native American Tribe or Tribes shall, in its application, agree to utilize
Program Funds only for Eligible Projects either (A) located on Native
American Lands or (B) located in cities and counties that have, at the time of
application, an adopted Housing Element that the Department has
determined, pursuant to Section 65585 of the GC, to be in substantial
compliance with the requirements of Article 10.6 (commencing with Section
65580) of Chapter 3 of Division 1 of Title 7 of the GC.
(3) The Native American Tribe or Tribes shall, in its application, agree to utilize
Program Funds only for Eligible Projects either (A) located on Native
American Lands or (B) in cities and counties that have submitted to the
Department the Annual Progress Report required by GC Code 65400 for the
current year or prior year by the application deadline date.
(d) An Applicant shall not be eligible to submit an application for funding if the
Applicant has not committed at least 40 percent of the Program Funds previously
awarded to the Applicant.
Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC Sections
50843.5 and 53545.9(c).
Section 103. Funding amount minimums and maximums
(a) The minimum application request by an Applicant that is an Existing Local
Housing Trust Fund shall be $1 million.
(b) The minimum application request by an Applicant that is a New Local Housing
Trust Fund, but which is not a Regional Housing Trust Fund, shall be $500,000.
(c) The minimum application request by an Applicant that is a New Local Housing
Trust Fund, which is also a Regional Housing Trust Fund, and which is utilizing
Permanent Local Housing Allocation funds as Matching Funds, shall be
$750,000;
(d) The maximum application request for all Applicants shall be $5 million.
Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC
Sections 50843.5(c) and 53545.9(c).
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Section 104. Matching Funds requirements
(a) All Program Funds provided pursuant to this section shall be matched on a dollar
for dollar basis with dedicated sources of funding, such as taxes, fees, or loan
repayments, or public or private contributions by the Applicant. Lines of credit
and loans received by the Local Housing Trust Fund are not eligible sources of
Matching Funds.
(b) An application for LHTF funds shall not be considered unless the application
contains required documentation of the deposit in the Local Housing Trust Fund
of the local Matching Funds, and the identity of the source of Matching Funds, or
evidence of a legally binding commitment to deposit the required Matching
Funds, and the identity of the source of Matching Funds.
(c) Funds restricted for housing use by state or federal law (such as funds from the
Home Investment Partnerships Program ("HOME"), the Community Development
Block Grant Program ("CDBG"), redevelopment agency low- and moderate-
income housing fund set-aside ("LMIHF") funds, or state housing programs
administered by the Department), shall not be considered Matching Funds.
However, Permanent Local Housing Allocation (PLHA) Program funds may be
considered Matching Funds for Regional Housing Trust Funds.
(d) Matching Funds shall be On Deposit prior to disbursement of Program Funds.
(e) Matching Funds must be utilized on a dollar-for-dollar basis for the same Eligible
Project for which Program Funds are used, as required by HSC Section
50843.5(c).
Note: Authority cited: HSC Section 54014 subdivision(b). Reference: HSC Sections
50843.5 and 53545.9(c).
Section 105. Eligible uses of funds
(a) Program Funds shall be used by the Grantee to provide construction loans
and/or deferred payment permanent financing loans at simple interest rates of no
higher than 3 percent per annum, for payment of predevelopment costs,
acquisition, construction, or rehabilitation of Eligible Projects.
(b) Administrative expenses of up to 5 percent of Program Funds and up to
5 percent of Matching Funds are allowed.
(c) At least 30 percent of the Program Funds, after deducting administrative
expense, and the Matching Funds shall be expended on assistance to Extremely
Low-Income Households. To comply with this requirement, dwelling units or
shelter beds must be Affordable to, and restricted for, Extremely Low-Income
Households with household income of no more than 30 percent of AMI.
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(d) No more than 20 percent of the Program Funds, after deducting administrative
expense, and the Matching Funds shall be expended on assistance to Moderate-
Income Households. To comply with this requirement, dwelling units must be
Affordable to, and restricted for, Moderate-Income Households with household
income of no more than 120 percent of AMI.
(e) The remaining Program Funds and Matching Funds shall be expended on
assistance to Lower-Income Households. To comply with this requirement,
dwelling units must be Affordable to, and restricted for, Lower-Income
Households with household income of no more than 80 percent of AMI.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections
50843.5 and 53545.9(c).
Section 106. Application process
(a) The Department shall periodically issue a NOFA that specifies, among other
things, the amount of funds available, the terms and conditions of the award of
Program Funds, and the application deadline.
(b) For New Local Housing Trust Funds, the Department shall set aside a
percentage of the funding made available by each NOFA.
(c) Applications shall be on forms made available by the Department.
(d) Applicants must meet the requirements of HSC Section 50843.5 and Section 102
of these Guidelines.
(e) Only complete applications submitted on or before the application deadline
stated in the NOFA shall be considered for funding. In order to be considered
"complete", an application must have all of the information requested and provide
adequate documentation and information for the Department to determine the
Local Housing Trust Fund's eligibility for funding pursuant to HSC Section
50843.5(b) and these Guidelines, and the eligibility of the Project pursuant to
HSC Section 50843.5(d) and these Guidelines. The Applicant shall bear the
burden of demonstrating compliance with these requirements. If the total amount
of funding requested by all Applicants under a NOFA is less than the amount of
funding available under the NOFA, the Department may allow an Applicant to
submit additional or corrected information to amend an application and make it
complete. Such amendments may not include a request for a higher funding
amount.
(f) In the event that the amount of funding requested in complete and eligible
applications exceeds the funds available, applications shall be evaluated and
funded using criteria published in the NOFA, as follows:
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(1) Non-Residential Matching Funds: The extent to which the Applicant
provides Matching Funds from sources other than residential local impact
fees or in lieu fees.
(2) Deeper Income Targeting: The extent to which the Applicant commits to
expend less than 20 percent of its Program Funds and Matching Funds to
serve Moderate-Income Households.
(3) Readiness: The extent to which the applicant has completed a first phase
funding process for multifamily rental projects and announced on its
website the status of each project, including those projects that were
approved to submit a final application upon award of Program Funds.
(4) Increasing the Supply of Lower-Income Rental Housing: The extent to
which the Applicant commits to use Program Funds and Matching Funds
for the new construction of rental housing developments Affordable and
restricted to households with average incomes of no more than 60 percent
of AM I.
(5) Community Need: The percentage of the following factor in the
jurisdictions to be served will be compared to the percentage in
jurisdictions to be served by other Applicants:
(A) Lower-Income Households paying more than 50 percent of their
household income for rent or owner expenses.
(6) Regional Housing Trust Fund Applicants: Applicants that include six
jurisdictions (in counties with total populations of 250,000 or less) or eight
jurisdictions (in counties with more than 250,000), or that meet the
minimum threshold (two jurisdictions with more than one million people, or
three jurisdictions in counties with total populations of 250,000 or less, or
four jurisdictions in counties with more than 250,000), and include more
than 66 percent of the population of the county or counties.
(7) Performance: The extent to which Applicants exceed the minimum 40
percent commitment threshold stated in Section 102(d).
(g) Tie Breaker, if needed:
(1) Readiness: The extent to which the application identifies specific
multifamily rental projects for which the trust fund has issued Letters of
Intent (LOls) to developers for construction or permanent financing.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections
50843.5 and 53545.9(c).
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Section 107. Protection of Program Funds
(a) In order to protect the Program Funds awarded to a Grantee, the Grantee shall
provide the Program Funds in the form of a loan evidenced by a promissory note,
the repayment of which shall be secured either by a deed of trust recorded
against the title to the real property, or a security interest in the manufactured
home being assisted with Program Funds. The promissory note shall contain a
special provision that repayment shall be made to the Department in the event
that the Grantee is no longer in operation. For Emergency Shelter or Transitional
Housing Projects, the loan may be forgivable upon satisfaction of the 15-year
minimum regulatory period.
(b) Multifamily rental projects assisted with Program Funds are required to have a
recorded Regulatory Agreement setting forth requirements for household income
levels and rent restrictions for not less than 55 years for all units assisted by
Program Funds.
(c) Where Program Funds are provided in the form of a construction loan, the
Grantee and the housing developer shall enter into a development loan
agreement setting forth the terms and conditions required to be met prior to
closing escrow, which shall include, but not be limited to, requirements for
escrow, title insurance, property insurance, compliance with environmental
remediation requirements, and other borrower responsibilities.
(d) The Grantee shall submit documentation of its loan guidelines and underwriting
standards and procedures for review by the Department as part of its Program
application.
(e) The Department shall have the right to request copies of documentation of the
activities of the Local Housing Trust Fund at any time prior to or after
disbursement of Program Funds.
(f) Where Program Funds are used for a Homeownership Project or units within a
Homeownership Project, the Grantee shall record a deed restriction in
compliance with Health and Safety Code Section 50843.5(d)(3), unless such a
deed restriction would conflict with the requirements of law or another public
funding source.
(g) Where Program Funds are used to develop or rehabilitate an ADU or JADU apart
from home buyer acquisition or rehabilitation of an owner-occupied dwelling, the
Grantee shall record a deed restriction in compliance with Health and Safety
Code Section 50843.5(d)(3) requiring that the ADU or JADU be restricted to
occupancy by households with incomes of no more than 120 percent of AMI at
an Affordable Rent for a minimum of 10 years.
(h) Where Program Funds are used to develop or rehabilitate a structure as an
Emergency Shelter or Transitional Housing, the Grantee shall record a
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Regulatory Agreement with a minimum term of 15 years. Upon satisfactory
completion of this regulatory period, the LHTF Program loan is forgivable.
(i) Program Funds shall be disbursed only in amounts necessary to fund Eligible
Projects identified to receive a loan from the LHTF within a reasonable period of
time, as determined by the Department.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5
and 53545.9(c), Health and Safety Code.
Section 108. Program Grantee responsibilities
(a) Grantees are responsible for administering and implementing the Eligible
Projects as proposed in their application.
(b) Grantees must continue the operation of the Local Housing Trust Fund for at
least five years after the Program Funds award date.
(c) Grantees shall have held, or shall hold, a public hearing to discuss and describe
the Eligible Project(s) that will be funded. Nonprofit grantees shall hold one public
meeting per year that is open to the public, and a public notice of the meeting
shall be posted on the nonprofit's website at least 10 days prior to the meeting.
This meeting shall be for the purpose of discussing the criteria that will be used
to select projects to be funded.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5
and 53545.9(c), Health and Safety Code.
Section 109. Encumbrance deadline and application repayment
(a) Any Program Funds not encumbered by a Grantee by a loan commitment to the
developer of an Eligible Project within 60 months of the date of the executed
state Standard Agreement shall be disencumbered by the Department, and any
Program Funds advanced to a Grantee shall promptly be returned to the
Department.
(b) Repayments, interest, and fees (except for rental project monitoring fees not
exceeding the limits stated in Section 113(b) of the Portfolio Restructuring
Guidelines), derived from loans of Program Funds received by a Grantee, shall
be retained by the Grantee in the Local Housing Trust Fund to be used for the
purposes set forth in these Guidelines.
(c) If a Grantee ceases operations, or Ongoing Revenues cease less than five years
from the date of the Program award, all unencumbered Program Funds shall be
disencumbered by the Department, and any Program Funds advanced to a
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Grantee shall promptly be returned to the Department, and all current and future
loan repayments, interest and fees shall be remitted to the Department.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5
and 53545.9(c), Health and Safety Code.
Section 110. Legal documents
Upon the award of Program Funds, the Department shall enter into a Standard
Agreement with the Grantee constituting a conditional commitment of funds. The
Standard Agreement shall require the Grantee to comply with the requirements and
provisions of these Guidelines and HSC Section 50843.5 and shall, in addition, contain
the following:
(a) Encumbrance deadlines; project completion deadlines; and agreement
termination date.
(b) Grantee contract coordinator.
(c) Disbursement conditions and documentation.
(d) Remedies.
(e) Insurance and inspection requirements.
(f) Record retention and reporting requirements.
(g) Prevailing wage requirements as applicable.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: Sections 50843.5
and 53545.9(c), Health and Safety Code.
Section 111. Cancellation and termination
(a) In the event that it is determined, at the sole discretion of the Department, that
the Grantee is not meeting the terms and conditions of the Standard Agreement,
the Department shall issue a notice to stop work. Immediately upon receiving the
written notice to stop work, the Grantee shall cease all work under the Standard
Agreement. The Department has the sole discretion to determine the Grantee's
compliance with the terms and conditions after issuance of a stop work order,
and to deliver a written notice to the Grantee to resume work under this Standard
Agreement.
(b) The Department shall terminate the Standard Agreement if the Grantee is not in
compliance with these Guidelines or the terms and conditions of the Standard
Agreement. At least 30 days prior to the effective date of the termination of the
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Standard Agreement, the Department shall provide written notice to the Grantee
of its intent to cancel the funding allocation. The notice shall specify the reason
for early termination and may permit the Grantee or the Department to cure any
deficiency(ies) prior to the early termination date. The Grantee will submit
requested documents to the Department within 30 days of the early termination
notice.
(c) Failure to meet reporting requirements will result in notice to the Grantee that it
must satisfactorily cure any deficiencies within three months of the notice, or it
will be ineligible for any additional LHTF award.
(d) The Department may, as it deems appropriate or necessary, request the
repayment of funds from a Grantee, or pursue any other remedies available to it
by law for failure to comply with these Guidelines and/or the terms and conditions
of the Standard Agreement.
NOTE: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections
50843.5 and 53545.9(c).
Section 112. Reporting
Not later than July 31 of each year a Grantee shall provide to the Department an annual
report, in a format specified by the Department, including, but not limited to, the
following information:
(a) A narrative summary of the Local Housing Trust Fund activities including:
(1) Work undertaken or completed in the reporting period, including the
number, type and unit count of Eligible Projects receiving Program Funds.
(2) Activities planned to be undertaken in the next reporting period.
(3) Description of problems encountered in Program implementation; and a
description of the solution and when it will be implemented.
(4) Description of how problems may impact the ability to complete or fulfill
obligations under the Standard Agreement.
(b) Financial summary including:
(1) Amount of Program Funds (by Eligible Project and by activity type)
available at the beginning of the reporting period, the amount drawn down
to date, amount expended on Eligible Projects restricted to Extremely Low
Income Households, amount expended on Eligible Projects restricted to
Moderate-Income Households, and the remaining balance.
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(2) Documentation of Matching Funds, including the amount by source,
expended on each Eligible Project during the reporting period.
(3) If requested by the Department, the Grantee shall obtain a report from a
qualified, licensed third party that certifies to the amounts of disbursement
and identifies the specific Eligible Projects for which the disbursements
were made. Such a report is permitted to be a component of the 2 CFR
Part 200.512 Single Audit report.
(c) A spreadsheet listing Eligible Projects assisted during the reporting period by
unit, including the project name, type of housing (such as multifamily rental
housing, homeless shelter, homebuyer new construction project), number of
units, income level restricted in each unit, bedroom count of each unit, and
amount of Program Funds expended per unit.
Note: Authority cited: HSC Section 54014 subdivision (b). Reference: HSC Sections
50843.5 and 53545.9(c).
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