Ordinance 2000-069 ORDINANCE NO. 2000- 69
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE
NO. 94-59 WHICH ADOPTED THE COLLIER COUNTY S. H. I. P.
DOWN PAYMENT/CLOSING ASSISTANCE PROGRAM FOR FIRST
TIME HOMEBUYERS; AMENDING THE POLICY GUIDELINES
AND ADMINISTRATIVE PROCEDURES; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Florida State Legislature enacted the William B. Sadowski
Affordable Housing Act on July 7, 1992 (the "Act"), Section 420.907, et seq.,
Florida Statutes, Chapter 91-37, Florida Administrative Code, as a
comprehensive funding package for state and local housing progrmns to better
enable local governments to meet their responsibilities for affi)rdable housing in
accordance with their comprehensive plans; and
WHEREAS, pursuant to the Act, the State has allocated a portion of new
and existing documentary stamp taxes on deeds (the "SHIP" funds) to local
governments for development and maintenance of aff~)rdable housing; and
WHEREAS, Collier County has adopted Ordinance No. 93-19 as amended,
providing for a Local Housing Assistance Plan; and
WHEREAS, the County, by County Ordinance No. 94-59 adopted a Down
Payment/Closing Cost Assistance Program consistent with the Local Housing
Assistance Plan; and
WHEREAS, the County desires to amend the Down Payment/Closing Costb;
Assistance Program to better function in the home lending environment.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY that:
SECTION 1: Attachment A to Ordinance No. 94-59, "Guidelines and
Procedures", shall be amended as follows:
See amendments to Attachment A to this ordinance which
incorporated by reference herein.
SECTION ll: Conflict and Severability
In the event this Ordinance conflicts with any other ordinance of Collier
County, the more restrictive shall apply. If any phrase or portion of this
Ordinance, or the particular application thereof, shall be held invalid or
unconstitutional by any court, administrative agency or other body with
appropriate jurisdiction, the remaining section, subsection, sentences, clauses or
phrases and their application shall not be affected thereby.
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SECTION 1II: Inclusion in the code of laws and ordinances.
The provisions of this ordinance shall become and made a part of the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or other appropriate word.
SECT1ON IV: Effective Date
This Ordinance shall become effective upon notice from the Secretary of
State that this Ordinance has been filed with the Secretary of State.
PASSED AND DULY ADOPTED by the by the Board of County
Commissioners of Collier County, Florida this o~4/;C~ day of (~SLr". 2000.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK COLLIER COUNTY FLORIDA
Clerk of Courts JAMES D. CA~,TER, PH.D., CHA1RMAN
Attest as to Chairman's
$fgAature onl$.
Approved as to legal form
and sufficiency:
Assistant County Attorney
This ordinance filed with the
Secretar~ of ~ot~els Office the
~ / ~Zday of r.J e~: , ~00
and acknowledgement ~f that
filinp.received this 7eG day
of Zv'~v- ., ~
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Attachment A
COLLIER COUNTY S.H.I.P.
DOWN PAYMENT/CLOSING COST ASSISTANCE PROGRAM
GUIDELINES AND PROCEDURES
I. Introduction
In April of 1993, the Local Housing Assistance Program,
(Collier County Ordinance No. 93-19, as amended by Ordinance
No.93-33) was adopted by the Collier County Board of
Commissioners. This plan was designed for the purpose of
establishing local administration of the State Housing Initiatives
Pannership Program. (S.H.I.P.)
The primary goal of this legislation is to increase the
availability of affordable housing to very low and low income persons
and families in Collier County.
Very low and Low income persons are defined in Collier
County Ordinance No. 93-19, and further amended by Collier County
Ordinance No. 93-33 as follows:
1)
"Low-income Person -- means one or more natural
persons or a family, not including; students, that has a
total adjusted gross household income that does not
exceed eighty (80%) percent of the median annual
Adjusted Gross Income for households within the state or
80% of the median Adjusted Gross Income for
households within the Metropolitan Statistical Area or, if
not within a Metropolitan Statistical Area, within the
County, whichever is greater ...."(p. 4)
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2)"Very-Low income Person - means one or more natural
persons or a family, not including students, that has a total
adjusted gross household income that does not exceed
fifty (50%) percent of the median Adjusted Gross Annual
Income for households within the State or fifty (50%)
percent of the median annual Adjusted Gross Income for
households within the Metropolitan Statistical Area or, if
not within a Metropolitan Statistical Area, within the
County, whichever is greater...." (p.6)
Income data for the Naples Metropolitan Statistical Area is
supplied by the United States Department of Housingand Urban
Development (HUD),_ and applicable to all of CollierCounty~ and
updated annually. The definition for "Annual Income" is found in 24
CFR, Section 813.106.
Section IV of the Local Housing Assistance Program states
that several different strategies will be employed for the
administration and disbursement of SHIP funds. Strategy 13, found on
page 11 stipulates that a portion of the funds be distributed through a
Down Payment/Closing Cost assistance program for very low and low
income first time homebuyers. This strategy is more particularly
described in Section VI C., paragraph a. The Collier County S.H.I.P.
Down Payment/Closing Cost Assistance Program has been designed
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using this strategy as a framework, and conforms to all rules and
guidelines governing the distribution of these funds.
Assistance provided in conjunction with this program will
be awarded to qualified applicants in the form of ' ....
.... ~,.~ a 0%
interest, deferred payment loan~ of up to $2599 $5~000 cc.;~ for the
purpose of down payment/closing cost expenses and rehabilitation or
emergency repairs to the subject dwelling unit, .~or .....ely. The
note(s-), with
a ...........total of up to $5,000 will be secured by a
second mortgage payable to the Affordable Housing Trust Fund, Fund
191, payable upon the sale of the dwelling unit, refinance~ or loss of
homestead tax exempt status.
Ii. Marketing / Outreach
A. At least thirty days prior to the beginning of the application
period, Collier County will advertise this program in both newspapers
of general circulation and periodicals serving ethnic and diverse
neighborhoods. It is anticipated that the vast majority of referrals for
this program will be generated by non-profit organizations such as the
Collier County Banking Partnership, or through local mortgage
brokers.
B. In order to comply with the Community Reinvestment Act,
local area lending institutions are actively seeking ways in which to
address the credit needs of the entire community. Ownership
programs such as this serve as an
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appropriate vehicle for lenders to demonstrate their commitment to
this legislation. As some participating institutions may exemise more
flexible lending requirements than others, it is also possible for the
partnership to act as an internal referral source, affording the potential
borrower multiple opportunities at obtaining a first mortgage loan.
III. Eligibility Criteria - Down Payment / Closing Cost Assistance
A. Applicants will be recommended for this program through
participating members of the Collier County Banking Partnership, and
other non-profit organizations committed to meeting the credit and
housing needs of the entire community. Additionally, S.H.I.P.
guidelines stipulate that the program and availability of funds be
advertised in both newspapers of general circulation and periodicals
serving ethnic and diverse backgrounds.
B. A firm loan commitment from a mortgage lender will be
required before any processing of required documentation can occur.
In so doing, the applicant will be pre-screened in regards to total
annual household income, credit history, and capacity to repay.
Applicants will be asked to sign
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appropriate releases enabling the financial institution to provide
such mortgage related information to the Collier County
Department of Housing and Urban Improvement. Evidence of
hazard and flood insurance where applicable will also be
required, as well as a copy of the lender's title insurance policy
declaring the affordable housing trust fund as second mortgagee.
C. Applicant eligibility. Applicants will be required to disclose the
number of occupants expected to reside in the subsequent
dwelling unit, as well as their anticipated gross annual incomes.
Eligibility will be based on the following set limits for gross
annual income based on median figures established in ss~-'
January of 197. 2000, provided by the U.S. Department of
Housing and Urban Development (HUD):
1 person
,~, ......$33~100
2 persons
3 persons
$22,200.00 $42,550
4 persons
,~, ......$47,300
5 persons
.... , .....$51,050
6 persons
$41,500.00 $54,850
7 persons
$44,250.00 $58,650
8 persons
$~7,200.00 $62~400
The above limits are reflective of the maximum income allowed,
adjusted for family size, under the designation of low income
household. These limits are subject to change on an annual basis.
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D. Dwelling Unit Restrictions -- This program is designed to
assist in the purchase of single family houses, duplexes, or
condominium units only. The maximum sales price
allowable will be $g2, ! ~O $118~264 for existing homes and
$95,79 $106~365 for new construction, or as amended by
the state of Florida: S.H.I.P. regulations. Beneficiaries
must claim the subject dwelling unit as their homestead.
First Time Homebuyer Status - In order to qualify for the
program, applicant(s) must not have owned a home for a
minimum of three consecutive years. Verification of first
time homebuyer status will be documented in the
participant(s) permanent file.
IV. Administration of Down Payment / Closing Cost Assistance and
Rehabilitation / Emergency Repair
A. The Director of the Collier County Department of Housing
and Urban Improvement shall be designated as the Program
Administrator and have authority to sign all reports,
transmittals, mortgage loan documents~ and certifications
regarding this program.
B. The Collier County Department of Housing and Urban
Improvement will be responsible for the following
administrative duties:
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1) Advertisement in a publication of general circulation announcing
the program and availability of funds.
2) Accepting applications, Reservation Forms, and ....~ ..........c
all supporting documentation.
3) Verification of eligibility requirements for the program, and
approval of applicants.
4) The maintaining of all required documentation and records of
correspondence for each beneficiary in a permanent file.
5)
The preparation of Financial Reports detailing S.H.I.P funds used,
remaining availability of funds, and participating local financial
institutions.
6)
The coordination of efforts between the Collier County Housing
and Urban Improvement Department, Purchasing and Finance
Departments, with the goal of being timely and efficient
processing of all loan documentation and payments.
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V. REQUIRED DOCUMENTATION FOR
DOWN PAYMENT / CLOSING COST ASSISTANCE
The following documentation will be required of all beneficiaries of this
program. Documentation required for Rehabilitation/Emergency Repair
Assistance will be detailed in the following section. Packets will be
available through the Collier County Department of Housing and Urban
Improvement and at local lending institutions.
1) SALES CONTRACT
A copy of the fully executed sales contract and loan application
(Fannie Mae) will be required from the applicant(s). The sales
contract will verify the listed seller, sales price, and proposed
closing date. The signed application will establish borrower
information that will be further verified by other supporting loan
documentation. A copy of the sales Contract and application will be
maintained in the borrowers permanent file.
2) RESERVATION FORM
Requests for reservation of funds will be made by the first
mortgage lender through the use of this
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document. Information contained in the form relates to the
borrower(s), financial institution and subject dwelling unit. It will
be the responsibility of the first mortgage lender to provide a
completed copy of this form to the Collier County Department of
Housing and Urban Improvement in order to initiate the
qualification process. A copy of the Reservation Form will be
maintained in the borrower's permanent file.
3) CERTIFICATION OF FINANCIAL INSTITUTION
The officer of the financial institution underwriting the first
mortgage loan will be required to execute this combined form
before a Notary Public. The following information will be verified
through the use of this form:
1) Current Annual Family Income
2) That all information regarding the applicant is true and
correct.
3) that processing fees and closing costs paid by the mortgagor
are reasonable and customary.
4)
that all loan funds will be applied to the required Down
Payment/Closing Cost or Rehabilitation Repair, and that the
borrower not receive any loan funds in cash.
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A copy of the combined Certification of Participant/Certification of
Financial Institution will be maintained in the borrower's permanent
file.
4) MORTGAGOR'S CERTIFICATION AND PAST RESIDENCE
Applicant(s) must not have owned any home for a minimum of
three consecutive years in order to qualil~, as first time
homebuyers. This document will be used as verification of
residence for the past three years, as well as providing
information regarding current amount of rent, and current
landlord. A copy of the Mortgagor's Certification and Past
Residence will be maintained in the borrower's permanent file.
5)
S.H.I.P. INCOME CERTIFICATION
This form is required documentation for any program utilizing
the S.H.I.P. monies as a funding source. Information contained
herein relates to anticipated household income, assets, and
household data. A copy of the S.H.I.P. Income Certification
form will be maintained in the borrower's permanent file.
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6)
AFFIDAVIT OF NO INCOME CHANGE
Prior to signing the Promissory Noteg ! an~ H, the
borrower must execute this form in order to verify that there
has been no increase in household income since originally
qualifying for buyer assistance through this program.
7) PROMISSORY NOTE
The Promissory Note ~ will detail the loan
agreement established between the borrower and
the Affordable Housing Trust Fund, relating to
the funds for Down Payment/Closing Cost
Assistance and Rehabilitation / Emergency Repair. The Note
will include details of the loan including, but not limited to:
1) Borrower's Promise to Pay
2) Interest & Payments
3) Borrower's Right To Repay
4) Charges
5) Subordination
6) Borrower's Failure to Pay as Requested
7) Obligation of Persons Under This Note
8) Waivers
9) Uniform Secured Note
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A copy of thee Promissory Note t will be maintained in the
borrower's permanent file. The Original Note is to be
maintained on file in the Collier County Department of
Housing and Urban Improvement, and a copy will be
maintained on file in the Collier County Finance Department.
8)
SECOND MORTGAGE
The Second Mortgage will be used as the security
instrument for thee Promissory Notes I v~ If, and will be
recorded by the Collier County Clerk of the Circuit Court.
borrowcr'z ........ c~ ........:.,^,.. The original
recorded Second Mortgage will be held in the borrower's
permanent file, in the Collier County Department of
Housing and Urban Improvement. Payment of fees
associated with the recording of this document will be the
responsibility of the borrower.
9)
THIRD PARTY VERIFICATION
Third party Verification of will be necessary whenever the
applicant states that any part of the household income is
derived from public assistance, a government agency,
income generating assets, or for formal verification of
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:,dcnt:.Scatlc, n or employment. The following sources of
income will require formal third party verification by the
financial institution underwriting the first mortgage loan:
Including but not limited to, Military Payment? Social Security
Benefits, Public Assistance, Pension and Annuities~
Unemployment Benefits~ Veterans Administration Benefits~
Educational Assistance~ Income From Business~ Recurring
Cash Contributions? Child Support~ and Assets on Deposit.
...... its
7)
!~)
~!)
This income verification information may be represented on either
Collier County SHIP forms or other documentation supplied by the
lender used for underwriting purposes. Whil e formal, written third party
verification is always preferable, a memorandum to the file
documenting the conversation with the third party will be acceptable. In
such a case it is extremely important to specify the date, contact person,
phone number, and address of the third party the conversation is
conducted with.
VI.
REHABILITATION/ EMERGENCY REPAIR-ELIGIBILITY
CRITERIA
A. In order to be considered, applicants must meet the eligibility
criteria for the Down Payment/Closing Cost Assistance portion of this
progrmn.
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Only construction, rehabilitation or emergency repair of affordable
housing which is a permanent improvement to the home, including
but not limited to: repairs or improvements which are needed for
safe sanitary habitation, correction of substantial code violations,
the creation of additional living spac% and installation~ repair, or
replacement of any major goods, particularly appliances _'neet: the
c^n^..,:~ ~,~:~:^~ will qualify under this program.-'.
d0ocrl ..........r ...........~... ~ ...............................
Purchasers of homes which have had a certificate of occupancy for
less than twelve (12) months at time of application old will not
qualify for rehabilitation/emergency repair under this program, but
will be eligible for down payment/closing cost assistance loans of
up to $2,500.
Rehabilitation/Emergency Repair loans will be limited to $2,500
per borrower.
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VII MONITORING OF REHABILITATION / EMERGENCY REPAIR
WORK INCLUDING GOODS PURCHASES
Information regarding the nature of the rehabilitation/
emergency repair work to be performed or goods to be
purchased will be compiled by the homebuyer. ,~btaincd
-~:~,~:~a :- .u~ u ..................file Abatement
correction of health and safety housing code violations are to
b gi ity ~' ............. '
e ven prior ~/ ............over any ........
rehabilitation work,addition of living spac% or goods
purchase.
B. For goods identified to be purchased, the borrower must submit
a price quote to the Collier County Housing and Urban
Improvement Department for approval prior to purchase. Once
approved~ and goods are purchased, the borrower must provide
the County with the corresponding invoic% signed by the
borrower stating the approved goods have been delivered to the
borrower's home. Thereafter~ the Housing and Urban
Improvement Department may inspect the borrower's home for
the approved goods to provide reasonable assurance that the
approved goods were delivered and are in good working order.
No funds will be disbursed prior to verification by the
Department Housing and Urban Improvement and inclusion of
an itemized delivery slip or invoice from the approved goods
supplier.
tgC. REHABILITATION/EMERGENCY REPAIR WORK-
1_: For rehabilitation/ emergency repair work not requiring a
building permit~ the borrower has the option to either perform
the rehabilitation work as an owner/builder, or to contract with
a tradesman holding a certificate of a competency in the
specific trade corresponding to the type(s) of rehabilitation
work be to performed.
For work requiring a building permit the borrower will be
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responsible for the selection ofhhe a__licensed contractor who
w:,ll must perform the rehabilitation/emergency repair work.
The contractor or tradesman who is selected must supply a
detailed -::c, rl: wr:,tc ~:~ written estimate to the borrower
containing an itemized listing of material and labor costs. This
..... ~ ....:*~tii d by b ~-~'
............ ~:~ es mate s to be approve the orrower,. ....
....... ~-~- and a__representative of the Collier County
Department of Housing and Urban Improvement prior to the
commencement of rehabilitation work.
3. Borrowers performing their own rehabilitation repair work
must also submit a detailed cost estimate of materials to be
purchased which must be approved by the Collier County
Department of Housing and Urban Improvement prior to
commencement of rehabilitation work.
4. A copy of the approved '::zr!: ':,z[tz ::~ estimate will be maintained in the
borrower's permanent file. Tha Monitoring of the work to be performed
by a tradesman or contractor will be the responsibility of the borrower.
Contractual agreements made will be between the borrower and
tradesman / contractor. The Collier County Department of Housing and
Urban Improvement will be provided with a copy of the signed contract
and approved estimate for rehabilitation/emergency repair work, which
will be maintained in the borrower's permanent file.
5. Upon completion, any work requiring a building permit to be performed
will be inspected by the Collier County Permitting and Review
Department. All work performed not requiring a building permit and not
requiring a inspection by the Collier County Permitting and Review
Department may be inspected by the Housing and Urban Improvement
Department to provide reasonable assurance that such work has been
satisfactorily completed.
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6. No funds will be disbursed prior to verification of
satisfactory completion of rehabilitation/ emergency repair work
h.or .........vv.. by the Collier County Building and Review or Housing
and Urban Improvement Department and inclusion of an itemized
............ mvome trom a material or goods supplier and/or contractor
or tradesman submitted to the Collier County Housing and Urban
Improvement Department.
VIII.
REQUIRED DOCUMENTATION FOR REHABILITATION /
EMERGENCY REPAIR INCLUDING GOODS PURCHASES
A. The following documentation will be required of all participants eligible, for
rehabilitation/emergency repair loans:
1)
Contractor/Tradesman's, or Materials, or Goods Purchase Estimate-
All work that is to be performed must be listed on this form detailing
costs of labor and materials, as applicable. A copy of the approved work
wr!tc uF estimate will be maintained in the borrower's permanent file. This
form must be delivered to a representative of the Collier County Department
of Housing and Urban Improvement prior to the commencement of any
habilit ti n/g cy epair k ^ ~:~-~" ........:n ~. ......:.,^., ,.~
re a o emer en r wor .....,, ......v~ .......v
Rehabilitation/Emergency Repair loans under this program will be made up
to a maximum of $2,500.
2) Final Physical Inspection
A copy of all required ,u~ ~:~_^~ final physical inspections conducted
by the Collier County Permitting and Review~ or Housing and Urban
Improvement Department will be maintained in the borrower's
permanent file. A copy ofh~ these inspections will be provided to the
~' ..........."~ .....~ Collier County Finance Department.
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3) Second Mo~gage
As described in the section detailing documentation required for Down
Payment/Closing Cost Assistance, the Second Mortgage will be used to
secure the Promissory Notes I and If. The second mortgage will be
recorded by the Collier County Clerk o£ the Circuit Court. The original
recorded second mortgage ';,'ill b; '
.,~ ........will be maintained in the
borrower's permanent file in the Collier County Department of Housing
and Urban Improvement. A ,~vr: ...............
Fina.ncc r, ........Fees associated with the recording of this
document are to be paid by the borrower.
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IX. ' Procedure for Loan Closings and the Disbursement of Funds
The lender underwriting the first mortgage will make a formal
request for the reservation of S.H.I.P. funds by contacting the Collier
County Department of Housing and Urban Improvement.
Reservation requests should be made a minimum of thirty days prior
to the contract closing date, and substantiated through the use of the
Reservation Form detailed in the section describing required
documentation. At this point, funds will be reserved, and the
applicant will be assigned a file number. It will be asked that all
completed Program documentation be provided for the purposes of
verifying the applicant's eligibility, and to initiate the disbursement
process.
The Collier County Purchasing Department will be notified of the
request for funds through a requisition, and a separate Purchase
Order will be issued for each borrower. Loan funds
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for Down Payment/Closing Cost Assistance will be issued in
the form of two payee checks, payable to the
borrower/closing agent. Receipt of these funds will be
verified by the closing agent, and further evidenced on the
formal Settlement Statement, a copy of which will be
maintained in the borrower's permanent file. An
[L-~mmem~. Copies of all down payment assistance checks
issued are to be kept in the borrower's permanent file.
Funds disbursed for Rehabilitation/Emergency Repair will
disbu sed : ............ c ....... k~^ to the
Sc, rrc;c,'cr/contractor, tradesmany or homeowner only after
submission of the czntractc, r':, invoice and a satisfactory
inspection report ~ if required.
C. A representative of the Collier County Department of
Housing and Urban Improvement will be present at loan
closings whenever possible. The representative will verify
that all mortgage and supporting documents have been
executed properly, and that the second mortgage be recorded
by the Collier County Clerk of the Circuit Court. The
recorded second mortgage will then be kept on file in the
Collier County Department of Housing and Urban
Improvement. The completed borrower's file will contain
copies of all ~rzt m~gagc documentation received from the
first mortgage lender in addition to the S.H.I.P. funds
provided by this program, for the purposes of establishing a
complete audit trail.
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
the
certify that the foregoing is a true copy of:
ORDINANCE NO. 2000-69
Which was adopted by the Board of County Commissioners on
24th day of October, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 25th day
of October, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Commissioners
By: Ellie Hoffman,
Deputy Clerk