Agenda 04/26/2016 Item #16D 4 4/26/2016 16.D.4.
EXECUTIVE SUMMARY
Recommendation to adopt by Resolution, the State Housing Initiatives Partnership (SHIP)
Program Local Housing Assistance Plan for Fiscal Years 2016/2017,2017/2018 and 2018/2019, sign
associated documents,authorize submission to the Florida Housing Finance Corporation.
OBJECTIVE: To approve the State Housing Initiatives Partnership (SHIP) Program 2016/2017;
2017/2018; 2018/2019 Local Housing Assistance Plan, as required triennially, setting forth the
program operation for this period, and re-affirm the associated Interlocal Agreement.
CONSIDERATIONS: On July 7, 1992, the Florida legislature signed into law the Sadowski
Affordable Housing Act to provide additional funding to local jurisdictions through a documentary
stamp tax on real estate transactions for the provision of affordable housing. Funded under the
State Housing Initiatives Partnership Program (SHIP), Collier County and the City of Naples receive
funds from the State of Florida through the Florida Housing Finance Corporation to undertake
eligible activities as provided by Section 420.9075, F.S. and Chapter 67-37.007, F.A.C. These funds
are for the provision of affordable housing.
To participate in this program, every three years the County must adopt a new Local Housing
Assistance Plan.
Approval of the plan will allow Collier County to expend funds for SHIP eligible activities for three
fiscal year periods. Pursuant to Section 420.9075, F.S. and Chapter 67-37.005(1), F.A.C., Collier
County must adopt a Local Housing Assistance Plan and submit it to the grantor agency, Florida
Housing Finance Corporation,no later than May 2,2016.
It is required that a minimum of 65% of SHIP funds be spent on homeownership activities and 75% of
all funds must be spent on construction activities. Construction includes rehabilitation undertaken on
a home receiving SHIP assistance. The eight strategies included in the Local Housing Assistance
Plan designed to meet these requirements are as follows:
1. Owner Occupied Rehabilitation — assist households in need of repairs to correct code
violations, health and safety issues, electrical, plumbing, roofing, window and other structural
items.
2. Purchase Assistance — provide first time homebuyers with a second mortgage for a
portion of the down payment and closing cost expenses associated with the purchase
transaction.
3. Foreclosure Prevention—assist homeowners that are in arrears on their mortgage.
4. Disaster Mitigation — assist homeowners following a natural disaster. This strategy will only
be implemented following a natural disaster as declared by the President of the United States
or the Governor of the State of Florida.
5. Rental Development — provide gap financing to developers of affordable rental units for
construction.
6. Rental Assistance — assist renters that are in need of a one-time payment to assist with in
obtaining a lease on a rental unit. This may include utility deposits, security deposits and rent
equal to no more than twelve(12)months' rent.
7. Rental Rehabilitation —provide loans to non-profit/for-profit housing providers to rehabilitate
units.
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8. Rental Acquisition — provide loans to non-profit/for-profit housing providers to acquire rental
units.
On March 28, 2016, the Collier County Affordable Housing Advisory Committee was presented the
proposed Local Housing Assistance Plan and discussed several elements such as the definition of
essential services personnel, appropriate strategies for mobile homes, the repayment terms, and (in more
detail) the new incentives. The AHAC membership noted the slate was comprehensive, flexible, and
consistent with the direction to provide incentives for rental housing. It was also noted that the SHIP
program has limitations on the populations it may serve; and, while extremely useful, is but one element
of a larger set of strategies to be developed and employed in order to reach the broader goals of meeting
the housing needs in the County.
Collier County staff presented the Local Housing Assistance Plan to the City of Naples on April 6, 2016,
and was approved by the City Council with a signed resolution confirming its adoption of the plan.
On April 23, 2013, the Board approved an Interlocal Agreement between the City of Naples and County.
This Interlocal Agreement automatically renews and is still in effect. It is required to be submitted to
Florida Housing with the State Housing Initiatives Partnership Program Local Housing Assistance
Plan. On October 13, 2015, (Agenda item 16D13), the Board declared that the implementation of the
Purchase Assistance Program under the SHIP LHAP is administrative and ministerial.
Each document is an exhibit to the Local Housing Assistance Plan. Florida Housing is not requiring the
County to submit the "Collier County SHIP Local Housing Assistance Program Ordinance" if changes
have not been made to the original document. For the Board of County Commissioners reference the
original Ordinance 2013-27 is attached for the review process.
FISCAL IMPACT: Submission of the Local Housing Assistance Plan allows Collier County to be
eligible to receive funding, should funding be allocated in the future. SHIP funds are deposited
in SHIP Grant(Trust)Fund 791.
GROWTH MANAGEMENT IMPACT: This Local Housing Assistance Plan facilitates efforts to
meet the goals, objectives and policies set forth in the Housing Element of the Growth Management
Plan.
LEGAL CONSIDERATIONS: The proposed Local Housing Assistance Plan meets the requirements
of Part VII of Chapter 420, Florida Statutes. This item is approved for form and legality and requires
a majority vote for Board action. -JAB
RECOMMENDATION: That the Board of County Commissioners adopt the State Housing Initiatives
Partnership Program Local Housing Assistance Plan for Fiscal Years 2016/2017, 2017/2018,
2018/2019, authorize the Chairwoman to sign associated documents, and authorize submission to
the Florida Housing Finance Corporation.
PREPARED BY: Raynesha Hudnell,Grants Coordinator,Community and Human Services
Attachments:
1) 2016-2019 LHAP
2) Exhibits: A-B-C-D-F-G-H
3) Exhibit E-Resolution
4) City of Naples Resolution
5) County Ordinance 2013-27
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.D.16.D.4.
Item Summary: Recommendation to adopt by Resolution, the State Housing Initiatives
Partnership (SHIP) Program Local Housing Assistance Plan for Fiscal Years 2016/2017,
2017/2018 and 2018/2019, sign associated documents, authorize submission to the Florida
Housing Finance Corporation.
Meeting Date: 4/26/2016
Prepared By
Name: HudnellRaynesha
Title: Grants Coordinator,Community&Human Services
3/24/2016 2:01:39 PM
Submitted by
Title: Grants Coordinator,Community&Human Services
Name: HudnellRaynesha
3/24/2016 2:01:41 PM
Approved By
Name: GrantKimberley
Title: Division Director-Cmnty&Human Svc,Community&Human Services
Date: 3/25/2016 3:29:34 PM
Name: LopezMaggie
Title: Supervisor-Accounting, Community&Human Services
Date: 3/29/2016 4:45:03 PM
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 4/6/2016 2:14:03 PM
Name: SonntagKristi
Title: Manager-Federal/State Grants Operation,Community&Human Services
Date: 4/6/2016 3:12:16 PM
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Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 4/8/2016 11:48:05 AM
Name: RobinsonErica
Title: Accountant, Senior,Grants Management Office
Date: 4/8/2016 3:26:53 PM
Name: BelpedioJennifer
Title: Assistant County Attorney, CAO General Services
Date: 4/8/2016 4:46:52 PM
Name: CarnellSteve
Title: Department Head-Public Services,Public Services Department
Date: 4/12/2016 1:13:45 PM
Name: StanleyTherese
Title: Manager-Grants Compliance,Grants Management Office
Date: 4/14/2016 12:28:01 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 4/14/2016 3:28:28 PM
Name: CasalanguidaNick
Title:Deputy County Manager, County Managers Office
Date: 4/19/2016 5:14:48 PM
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COLLIER COUNTY FL
SHIP LHAP 2016-2019
Collier County, Florida
SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP)
2016-2017, 2017-2018 and 2018-2019
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Table of Contents
Description Page#
Section I,Program Details 3
Section II,Housing Strategies 8
A. Owner Occupied Rehabilitation 8
B. Purchase Assistance 10
C. Foreclosure Prevention 13
D. Disaster Mitigation 16
E. Rental Development 18
F. Rental Assistance 20
G. Rental Rehabilitation 21
H.Rental Acquisition 23
Section III,Incentive Strategies 25
A.Expedited Permitting 25
B. Ongoing Review Process 25
C. Other Incentive Strategies Adopted 25
Exhibits 27
A. Administrative Budget for each fiscal year covered in the Plan 28
B. Timeline for Estimated Encumbrance and Expenditure 29
C. Housing Delivery Goals Chart(HDGC) For Each Fiscal Year 30
Covered in the plan
D. Signed LHAP Certification 33
E. Signed,dated,witnessed or attested adopting resolution 35
F. Ordinance: (If changed from the original creating ordinance) N/A
G. Interlocal Agreement 37
H. Other Documents Incorporated by Reference 41
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Program Details:
A. Name of the participating local government:
Collier County Board of County Commissioners
Is there an Interlocal Agreement: Yes X No
If"Yes",name local government(s)in the Interlocal Agreement:
Cit�of Naples
B. Purpose of the program:
1. To meet the housing needs of the extremely low, very low, low and moderate income
households;
2. To expand production of and preserve affordable housing;and
3. To further the housing element of the local government comprehensive plan specific to
affordable housing.
C. Fiscal years covered by the Plan: 2016-2017,2017-2018 and 2018-2019
D. Governance:
The SHIP Program is established in accordance with Section 420.907-9079,Florida Statutes
and Chapter 67-37,Florida Administrative Code. Cities and Counties must be in compliance
with these applicable statutes, rules and any additional requirements as established through
the Legislative process.
E. Local Housing Partnership:
The SHIP Program encourages building active partnerships between government, lenders,
builders and developers, real estate professionals, advocates for low-income persons and
community groups.
F. Leveraging:
The Plan is intended to increase the availability of affordable residential units by combining
local resources and cost saving measures into a local housing partnership and using public
and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used
to supplement other Florida Housing Finance Corporation programs and to provide local
match to obtain federal housing grants or programs.
G. Public Input:
Public input was solicited through face to face meetings with housing providers, social
service providers and local lenders and neighborhood associations. Public input was
solicited through the local newspaper and County website in the advertising of the Local
Housing Assistance Plan and the Notice of Funding Availability.
H. Advertising and Outreach:
SHIP funding availability shall be advertised in a newspaper of general circulation and
periodicals serving ethnic and diverse neighborhoods, at least 30 days before the beginning
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of the application period. if no funding is available due to a waiting list, no notice of funding
availability is required.
For advertisements other than NOFA's,the County will accept applications during the dates
specified in the advertisement distributed via the County website, email or via the County
purchasing office.
I. Waiting List/Priorities:
A waiting list will be established when there are eligible applicants for strategies that no
longer have funding available or when a fiscal year is not open for disbursement. Those
households on the waiting list will be notified of their status. Applicants will be maintained
in an order that is consistent with the time applications were submitted as well as any
established funding priorities as described in this plan and separated based on the strategy
applied for, Priorities for funding described/listed here apply to all strategies unless
otherwise stated in the strategy.
When funds are available for a particular strategy,the applicants from the waiting list will be
contacted to complete/update the application for SHIP assistance. Applicants will be placed
in the queue for assistance once they have provided all required documentation and been
deemed SHIP eligible.
Once there is a list of eligible applicants,they will be ranked in the following order.
Ranking Priority:
1. Special Needs Households - Extremely low, Very low, low and moderate-income
households and persons with special needs as defined in Florida Administrative
Code,67-37.002 Definitions(21)Persons Who Have Special Housing Needs.
a) Extremely low
b) Very low
c) Low
d) Moderate
2, Essential Services Personnel
a) Extremely low
b) Very low
c) Low
d) Moderate
3. After Special Needs Set-asides and ESP goals are met
a) Extremely low
b) Very Low
c) Low
d) Moderate
J. Discrimination:
In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis
of race, color, religion, sex, national origin, age, handicap, or marital status in the award
application process for eligible housing.
K. Support Services and Counseling:
Support services are available from various sources. Available support services may include but
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are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant
Counseling,and Foreclosure Counseling,through qualified HUD approved agencies.
L. Purchase Price Limits:
The sales price or value of new or existing eligible housing may not exceed 90% of the average
area purchase price in the statistical area in which the eligible housing is located. Such average
area purchase price may be that calculated for any 12-month period beginning not earlier than
the fourth calendar year prior to the year in which the award occurs. The sales price of new and
existing units, which can be lower but may not exceed 90% of the median area purchase price •
established by the U.S.Treasury Department or as described above.
The methodology used is:
X U.S.Treasury Department
Local HFA.Numbers
M. Income Limits,Rent Limits and Affordability:
The Income and Rent Limits used in the SHIP Program are updated annually by the Department
of Housing and Urban Development and posted at wwwfloridahousing_orp..
Affordable means that monthly rents or mortgage payments including taxes and insurance do not
exceed 30 percent of that amount which represents the percentage of the median annual gloss
income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent
to limit an individual household's ability to devote more than 30%of its income for housing, and
housing for which a household devotes more than 30%of its income shall be deemed Affordable
if the first institutional mortgage lender is satisfied that the household can afford mortgage
payments in excess of the 30% benchmark and in the case of rental housing does not exceed
those rental limits adjusted for bedroom size. Any exceptions to the ratios must be approved by
the Community and Human Services Director.
N. Welfare Transition Program:
Should an eligible sponsor be used, a qualification system and selection criteria for applications
for Awards to eligible sponsors shall be developed, which includes a description that
demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program
will be given preference in the selection process.
O. Monitoring and First Right of Refusal:
in the case of rental housing, the staff and any entity that has administrative authority for
implementing the local housing assistance plan assisting rental developments shall annually
monitor and determine tenant eligibility or, to the extent another governmental entity provides
the same monitoring and determination, a municipality, county or local housing financing
authority may rely on such monitoring and determination of tenant eligibility. However, any
loan or grant in the original amount of $3,000 or less shall not be subject to these annual
monitoring and determination of tenant eligibility requirements. Tenant eligibility will be
monitored annually for no less than 15 years or the term of assistance whichever is longer unless
as specified above.
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Eligible sponsors that offer rental housing for sale before 15 years or that have remaining
mortgages funded under this program must give a first right of refusal to eligible nonprofit
organizations for purchase at the current market value for continued occupancy by eligible
persons.
P. Administrative Budget:
A line-item budget of proposed Administrative Expenditures is attached as Exhibit A.
Collier County, FL finds that the moneys deposited in the local housing assistance trust fund
shall be used to administer and implement the local housing assistance plan.
Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states:
"A county or an eligible municipality may not exceed the 5 percent limitation on administrative
costs, unless its governing body finds, by resolution, that 5 percent of the local housing
distribution plus 5 percent of program income is insufficient to adequately pay the necessary
costs of administering the local housing assistance plan."
Section 420.9075 Florida Statute and Chapter 67-37,Florida Administrative Code, further
states: "The cost of administering the program may not exceed 10 percent of the local housing
distribution plus 5 percent of program income deposited into the trust fund, except that small
counties, as defined in s. 120.52(17), and eligible municipalities receiving a local housing
distribution of up to $350,000 may use up to 10 percent of program income for administrative
costs."The applicable local jurisdiction has adopted the above findings in the resolution attached
as Exhibit E.
Q. Program Administration:
Administration of the local housing assistance plan may be wholly performed and maintained by
Collier County,FL.
Or
Should a third party entity or consultant be contracted for all of part of the administrative or
other functions of the program, the County will provide in detail the duties, qualification and
selection criteria as detailed in each strategy and allowed by statute.
R. Project Delivery Costs: In addition to the administrative costs listed above,the county or sponsor
may charge a reasonable project delivery cost to cover inspections and other eligible project
delivery activities performed by county or non-county employees for rehabilitation projects. A
sponsor may charge project delivery to cover the cost of assisting eligible homebuyers or tenants
in the application process. The delivery cost will be included in the maximum award to the
beneficiary. The County will require time sheets from sponsor to track employee hours to
prevent duplication of payment.
S. Essential Service Personnel Definition: Essential Service Personnel (ESP) persons involved in
providing essential services in Collier County, as defined as follows: Those individuals
employed in the community as teachers, educators, other school district employees, community
college and university employees, police and fire personnel, health care personnel, skilled
building trades personnel (as listed in the U.S. Department of Labor, General Decision No. FL
150012, dated 3/20/20L5, for building construction in Collier County, Florida, as may be
amended or superseded from time to time),and government employees.
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T. Green Building and Energy Saving products and processes: The County will,when economically
feasible, employ the following Green Building requirements on rehabilitation and emergency
repairs:
1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less
for flat paint; 150 grams per liter or less for non-flat paint);
2. Low-flow water fixtures in bathrooms—WaterSense labeled products or the following
specifications:
a. Toilets: 1.6 gallons/flush or less,
b. Faucets: 1.5 gallons/minute or less,
c. Showerheads: 2.2 gallons/minute or less;
3. Energy Star qualified refrigerator;
4. Energy Star qualified dishwasher, if provided;
5. Energy Star qualified washing machine, if provided in units;
6. Energy Star qualified exhaust fans in all bathrooms; and
7. Air conditioning: Minimum SEER of 14. Packaged units are allowed in studios and one
bedroom units with a minimum of 11.7 EER.
These requirements may be adjusted for rental developments if the requirement of other construction
funding sources requires a more prescriptive list.
Innovative design, green building principles, storm resistant construction or other elements that
reduce long term costs relating to maintenance, utilities or insurance. .
Collier County Homeownership Education classes provide curriculum on cost cutting measures that
homeowners can use to reduce energy consumption. Collier County also encourages the use or
inclusion, when appropriate, of the following: energy star appliances; low-E windows; additional
insulation (for increased R-value); ceramic tile; tank-less water heater; 14 and 15 SEER air
conditioning units; stucco;florescent light bulbs; impact resistant windows and doors.
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Section II. LHAP Strategies:
A.
Owner Occupied Rehabilitation Code 3
a. Summary of Strategy: SHIP funds will be awarded to households in need of repairs to
correct code violations, health and safety issues, electrical, plumbing, roofing, windows and other
structural items.
The home must be suitable for rehabilitation and located within the unincorporated and incorporated
areas of Collier County. Loans for assistance may include costs related to all eligible repairs,
inspections,work write-ups,recording fees and project delivery fees.
b. Fiscal Years Covered: 2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served: Extremely Low,Very-low, Low and Moderate
d. Maximum award: $35,000
*Rehabilitation amount is$30,000. Additional cost including project delivery fee may exceed
the rehabilitation award amount and shall be recorded on a subordinate mortgage depending
on cost of total project.
e. Terms:
1. Loan/grant: Funds will be awarded as a deferred payment loan secured by a recorded
subordinate mortgage and note.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Funds will be secured with a recorded fifteen (15) year, 0%
interest, deferred subordinate mortgage on the property in the amount of the funds used
in the project. The fifteen (15) years will began once all final invoices are paid and
deferred subordinate mortgage is signed by homeowner. If all conditions of the loan are
met, one-third of the loan will be forgiven in five year increments so that at the end of
the fifteenth year the loan is forgiven. Monthly payments are not required.
5. Default/Recapture: The loan will be determined to be in default if any of the following
occurs during the Loan term: sale, transfer, or conveyance of property; conversion to a
rental property; loss of homestead exemption status; or failure to occupy the home as
primary residence. If any of these occur, the outstanding balance will be due and
payable.
Persons that qualify for SHIP assistance will be required to contractually agree to all
SHIP program guidelines, County SHIP mortgage requirements, repayment provisions,
and certify that the unit assisted will be their primary residence.
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Repayment of the loan is required in full when one of the following conditions is met,
whichever occurs first:
1. Sale; if proceeds are not sufficient to pay off the mortgage note then the
homeowner may contact the County regarding a settlement amount of the SHIP
loan that is outlined in the County's"Short Sale Policy".
2. Title transfer, either voluntarily or by operation of law, divested of title by
judicial sale, levy or other proceedings, including foreclosure or Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a lower
fixed rate with no cash out in accordance with the"Subordination Policy".
4. Home is no longer primary residence, abandoned, leased or rented. In the
event that all mortgage holders are deceased,the loan will be forgiven.
The County reserves the right to foreclose if the homeowner does not repay the loan as noted
above.
All funds are deposited into the Local Housing Trust Fund and reported as Program Income
or Recaptured Funds in the State Fiscal Year they are received as appropriate for Annual
Reporting purposes.
In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be
assumed by a SHIP eligible heir who will occupy the home as a primary residence. If the
legal heir is not SHIP eligible or chooses not to occupy the home,the outstanding balance of
the loan will be due and payable.
If the home is foreclosed on by a superior mortgage holder,the county may make an effort to
recapture funds through the legal process if it is determined that adequate funds may be
available to justify pursuing a repayment.
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first-qualified,
first-served basis with the priorities for Special Needs, Essential Services Personnel and income
groups as described in section I.(I)of this plan.
An applicant may submit a completed application for SHIP Owner-Occupied Rehabilitation to
the County/Sponsor for a determination of eligibility at any time. Applicants are required to
provide all documentation requested for income, eligibility and qualification determination.
Applicants will receive a pre-approval letter and their file will be submitted to the Sponsor for
unit eligibility.
g. Sponsor/Developer Selection Criteria: The County will issue a Request for Proposals
requesting applications for Construction Management services from non-profit or for profit
organizations.
Organizations are to provide the application intake and certification of households applying for
Owner Occupied Rehabilitation as well facilitating the rehabilitation of the property.
Organizations must submit the proposal as outlined in the RFP and initially provide information
including, but not limited to, application intake process, income certification, contractor and bid
process or prior rehabilitation and/or income certification experience with references. Additional
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information will be obtain such as resumes, construction oversight, construction agreements,
accounting and financial information for project tracking and payment, organization experience,
audit reports, financial statements, and income documentation for evaluation of sponsor
eligibility.
h. Additional Information: Mobile or manufactured homes will only be eligible for housing
assistance if owner occupied, is affixed to the ground, the land is also owned by the occupant,
the repairs do not exceed 90% of the value of the existing property and residence; and any and
all repairs are within existing codes for the property.
B.
Purchase Assistance Code 1, 2
a. Summary of Strategy: SHIP funds will be awarded for down payment and closing
costs to households to purchase a newly constructed or an existing single family home or
condominium. A newly constructed home must have received a certificate of occupancy
within the last twelve months. An existing home with at least $2,500 in rehabilitation
completed within the last twelve months or within 12 months after purchase may be
considered to meet the construction set aside requirement as evidenced by documentation of
the completed repairs. Funding, which is provided as a subordinate mortgage loan, may be
used for down payment,closing costs and principal buy-down as needed for affordable home
ownership.
•
Prospective homebuyers must qualify as a First Time Homebuyer under the HUD definition:
An individual who has had no ownership in a principal residence during the 3-year period
ending on the date of purchase of the property. This includes a spouse (f.either meets the
above test, they are considered first-time homebuyers). A single parent who has only owned
with a former spouse while married, An individual who is a displaced homemaker and has
only owned with a spouse. An individual who has only owned a principal residence not
permanently affixed to a permanent foundation in accordance with applicable regulations.
An individual who has only owned a property that was not in compliance with state, local or
model building codes and which cannot be brought into compliance for less than the cost of
constructing a permanent structure.
SHIP funds may be used in conjunction with a first mortgage loan obtained from a
participating lender, not-for-profit developer, Florida Housing Finance Corporation's Bond
Program or Rural Development.
b. Fiscal Years Covered: 2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served: Extremely low,Very-low, low and moderate
d. Maximum award: ExtremelyNeiy Low: $55,000*
Low: $35,000*
Moderate: $25,000*
*Additional$5,000 may be included for Essential Services Personnel.
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In the event that another funding source, such as CDBG or HOME, used in
conjunction with SHIP, the total amount of assistance from all sources will not
exceed the maximum award as stated herein.
e. Terms:
1. Loan/grant:Funds will be awarded as a deferred payment loan secured by a
recorded subordinate mortgage and note.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Funds are secured with a recorded fifteen (15)
year, 0% interest, and deferred payment subordinate mortgage loan and note
forgiven at the end of the 15 year period if all conditions have been met.
The County will take a third position if FHFC funds are used in addition to
SHIP or at the discretion of Division Director.Monthly payments are not
required.
5. Default/Recapture: The loan may be determined to be in default if any of
the following occurs: sale,transfer, or conveyance of property; conversion
to a rental property; loss of homestead exemption status; or failure to occupy
the home as primary residence. If any of these occur, the outstanding
balance will be due and payable.
Repayment of the loan is required in full when one of the following
conditions is met,whichever occurs first:
1. Sale; if proceeds are not sufficient to pay off the mortgage note then the
homeowner may contact the County regarding a settlement amount of
the SHIP loan
2. Title transfer,either voluntarily or by operation of law,divested of title
by judicial sale, levy or other proceedings, including foreclosure or
Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a
lower fixed rate with no cash out in accordance with the"Subordination
Policy".
4. Home is no longer primary residence, or is leased or rented. In the
event that all mortgage holders are deceased,the loan will be forgiven.
The County reserves the right to foreclose if the homeowner does not repay
the loan as noted above.
The County has determined the following terms and provisions for program
income versus recaptured funds:
All funds are deposited into the Local Housing Trust Fund and reported as
Program Income or Recaptured Funds in the State Fiscal Year they are
received as appropriate for Annual Reporting purposes.
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In cases where the qualifying homeowner(s)die(s) during the loan term, the
loan may be assumed by a SHIP eligible heir who will occupy the home as a
primary residence. If the legal heir is not SHIP eligible or chooses not to
occupy the home, the outstanding balance of the loan will be due and
payable.
If the home is foreclosed on by a superior mortgage holder, the country may
make an effort to recapture funds through the legal process if it is
determined that adequate funds may be available to justify pursuing a
recapture.
f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a
first-qualified, first-served basis with the priorities for Special Needs, Essential
Services Personnel and income groups as described in section I. (I)of this plan.
An applicant may submit a completed application for Housing Assistance to the
County for a determination of eligibility at any time. Applicants are required to
provide all documentation requested for income, eligibility, and qualification
determination.
Funds will be reserved and awarded to applicants that have met all of the County
requirements, are SHIP Income Certified, homebuyer's certification and have a
mortgage loan approval from a participating Lender prior to submitting an applicant.
Applicants must attend a county approved Homeowner Education Program and
provide a copy of the certificate to the Division prior to submitting an application.
The Certificate must be dated within one year of County application date.
g. Sponsor/Developer Selection Criteria: The County will issue a Request for
Proposals/Application for Purchase Assistance Project Management from non-profit
/for profit organizations.
Organizations are to provide the Application intake and income certification of
households applying for Purchase Assistance.
Organizations must submit the proposal as outlined in the RFP/Application and
initially provide information including,but not limited to,application intake process,
income certification process, prior Purchase Assistance and/or income certification
experience with references. Additional information to be obtained will include
resumes, project management oversight, prior agreements, accounting and financial
information for project tracking and payment, organization experience, audit reports,
financial statements,for evaluation of sponsor eligibility.
Non-profit / for profit housing providers will be evaluated competitively using
established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission requirements.
The evaluation phase will consist of an in-depth review of the following:
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O Compliance with.SHIP regulations
O Project risk analysis
® Financial risk analysis
e Capacity and experience
® Project feasibility
® Adherence to SHIP eligibilities/requirements
® Past performance evaluation
h. Additional Information: Applicants must secure a first mortgage by an approved
lender.
i. Units assisted must be within the incorporated or unincorporated area of
Collier County.
ii. Mobile or manufactured homes are not a category of eligible housing
for the County at this time.
iii. Completion of the Homebuyer Education Program is mandatory prior to
closing.
iv. First mortgage must be at a fixed rate; no ARM's, prepayment penalty,
negative amortizations, balloon loan, owner financing or other non-
affordable loan terms are allowed.
v. Financial Institutions must be approved by the County in order to
participate in the SHIP Program.
C.
Foreclosure Prevention Code 7
a. Summary of Strategy: Funds will be awarded to homeowners that are in arrears on
their first mortgage and/or Homeowner Association Fees. The arrearage and/or fees
must be at least three months, but no more than six months and cannot be under an
active foreclosure action.
b. Fiscal Years Covered: 2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served:Extremely low,Very-low, Low and Moderate
d. Maximum award: $10,000
e. Terms:
1. Loan/grant: Funds will be awarded as a deferred payment loan secured by a
recorded subordinate mortgage and note
2. Interest Rate: 0%
3. Term: 5 years
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4. Forgiveness/Repayment: N/A
5. Default/Recapture: Repayment due upon sale, transfer, or conveyance of
property;conversion to a rental property; loss of homestead exemption status; or
failure to occupy the home as primary residence. If any of these occur, the
outstanding balance will be due and payable.
Repayment of the loan is required in full when one of the following conditions is
met,whichever occurs first:
1. Sale; if proceeds are not sufficient to pay off the mortgage note then
the homeowner may contact the County regarding a settlement
amount of the SHIP loan
2. Title transfer,either voluntarily or by operation of law, divested of
title by judicial sale, levy or other proceedings, including
foreclosure or Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved
without repayment if the request is submitted in writing and the
refinance is at a lower fixed rate with no cash out in accordance
with the"Subordination Policy".
4. Home is no longer primary residence, or is leased or rented. In
the event that all mortgage holders are deceased, the loan will be
forgiven.
The County reserves the right to foreclose if the homeowner does not repay the
loan as noted above.
The County has determined the following terms and provisions for program
income versus recaptured fiends:
All funds are deposited into the Local Housing Trust Fund and reported as
Program Income or Recaptured Funds in the State Fiscal Year they are received
as appropriate for Annual Reporting purposes.
In cases where the qualifying homeowner(s) die(s) during the loan term, the
loan may be assumed by a SHIP eligible heir who will occupy the home as a
primary residence. If the legal heir is not SHIP eligible or chooses not to
occupy the home,the outstanding balance of the loan will be due and payable.
If the home is foreclosed on by a superior mortgage holder, the county may
make an effort to recapture funds through the legal process if it is determined
that adequate funds may be available to justify pursuing a recapture.
f. Recipient Selection Criteria: In addition to being selected on a first-qualified,
first—served basis,applicants must:
1. Provide proof on the arrearage in the form of notification from the
mortgage holder.This cannot be from a private mortgage holder.
2. Provide evidence of a hardship that caused the arrearage (health issue,
loss of employment/income, death of household member, divorce, or
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other evidence acceptable to the division director).
3. Provide a written statement as evidence of the ability to resume making
payments after the assistance is used which includes an explanation of
how the hardship has been overcome and an indication of the budget
plan that will allow for resumption of payments.
4. Receive counseling from a HUD approved agency trained in foreclosure
counseling. The counseling agency must sign off on the budget plan.
g. Sponsor/Developer Selection Criteria: The County will issue a Request for
Proposals/Application for Purchase Assistance Project Management from non-profit
/for profit organizations.
Organizations are to provide the Application intake and income certification of
households applying for foreclosure prevention.
Organizations must submit the proposal as outlined in the RFP/Application and
initially provide information including,but not limited to,application intake process,
income certification process, prior foreclosure assistance and/or income certification
experience with references as well as experience with foreclosure counseling.
Additional information to be obtained will include resumes, project management
oversight, prior agreements, accounting and financial information for project
tracking and payment, organization experience, audit reports, financial statements,
for evaluation of sponsor eligibility.
Non-profit/for profit housing providers will be evaluated competitively using
established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission requirements.
The evaluation phase will consist of an in-depth review of the following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity and experience
• Project feasibility
• Adherence to SHIP eligibilities/requirements
• Past performance evaluation
h. Additional Information: Applicants may be required to apply to other foreclosure
assistance programs (Foreclosure Counseling Program) for assistance prior to being
approved for assistance under this strategy.
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COLLIER COUNTY FL
SHIP LHAP 2016-2019
D.
Disaster Mitigation Code 5
a. Summary of Strategy: The Disaster Strategy provides assistance to households
following a disaster as declared by the President of the United States or Governor of the
State of Florida. This strategy will only be implemented in the event of a disaster using any
funds that have not yet been encumbered or additional disaster funds issued by Florida
1-Lousing Finance Corporation. Also, this will be awarded along with the Owner Occupied
Rehabilitation Programs. SHIP disaster funds may be used for items such as, but not limited
to:
- Tree and debris removal to make individual housing units habitable;
- Interim repairs to avoid further damage to home;
- Emergency supplies to weather proof damaged home;
- Building permits;
- Post disaster assistance with non-insured repairs;
- Insurance deductibles;
- Expenses to prevent flooding of home such as sand bags,sand,pump,rental, etc.;and
-- Construction of wells or repair of existing wells where public water is not available.
- Immediate threats to health and life safety(sewage, damaged windows,roofing) in cases
where the home is still habitable.
-- Imminent residual damage to the home (such as damage caused by a leaking roof) in
cases where the home is still habitable.
- Repairs necessary to make the home habitable.
-- Repairs to mitigate dangerous situations(exposed wires)
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served: Extremely/Very-low, low, moderate
d. Maximum award: $30,000
e. Terms:
1. Loan/grant: Funds will be awarded as a grant with no recapture terms.
2. Interest Rate: 0%
3. Terms:N/A
4. Forgiveness/Repayment:N/A
5. Default/Recapture: All SHIP funds provided to eligible households will be
in the form of a grant and not subject to recapture. Persons that qualify for
SHIP assistance will be required to sign a grant agreement, contractually
agreeing to all SHIP program guidelines
f. Recipient Selection Criteria: Applicants will be assisted on a first-qualified, first-
served basis with the following additional requirements:
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1. Must provide proof of homeowner's insurance
2. Must file for and use proceeds from insurance as first option
3. Must complete a FHC approved "disaster self-declaration of income
form"
The unit assisted must be owner-occupied and homesteaded as the primary
residence.
g. Sponsor/Developer Selection Criteria: The County will issue a Request for
Proposals/Application for Purchase Assistance Project Management from non-profit
/for profit organizations.
Organizations are to provide the Application intake and income certification of
households applying for Purchase Assistance.
Organizations must submit the proposal as outlined in the RFP/Application and
initially provide information including,but not limited to,application intake process,
income certification process, prior Purchase Assistance and/or income certification
experience with references. Additional information to be obtained will include
resumes, project management oversight, prior agreements, accounting and financial
information for project tracking and payment,organization experience, audit reports,
financial statements,for evaluation of sponsor eligibility.
Non-profit / for profit housing providers will be evaluated competitively using
established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission requirements.
The evaluation phase will consist of an in-depth review of the following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity and experience
• Project feasibility
• Adherence to SHIP eligibilities/requirements
• Past performance evaluation
h. Additional Information: Funds for disaster mitigation will only be allocated from
unencumbered funds or additional funds awarded through Florida Housing Finance
Corporation for the disaster. Also, this will be awarded along with the owner
occupied rehabilitation programs. SHIP funds at all times must be used for eligible
applicants and eligible housing.
SHIP disaster funds may not be used for the purchase or rehabilitation of mobile
homes beyond the allowable 20%unless authorized within the Executive Order.
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SHIP LHAP 2016-2019
E.
Rental Development Codes 14,
21
a. Summary of Strategy: Funds will be awarded to developers of affordable rental
units for construction financing through other state or federal housing programs to
construct affordable rental units. This funding is intended to be used as gap
financing required for the project. In cases where a smaller development (less than
50 units)is being proposed that includes Special Needs units,the county may choose
to provide a larger amount of the overall construction financing.
b. Fiscal Years Covered: 2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served: Extremely/Very-low, low and moderate
d. Maximum award: $100,000 per development over 50 units
$150,000 per development with 50 units or less that includes
Special Needs units.
$50,000 match contribution
e. Terms:
1. Loan/grant: For for-profit developers, funds will be awarded as a loan secured
by a recorded subordinate mortgage and note.
For non-profit developers,funds will be awarded as a forgivable loan secured by
a recorded subordinate mortgage and note.
2. Interest Rate: 0%.
3. Term: 15 years
4. Forgiveness/Repayment:
a. For For-profits,the loan is due and payable at the end of the term unless the
county negotiates an extended loan term to secure affordable rental units in
the best interest of the county's residents.
b. For Non-profits, the loan is forgiven on a prorated basis beginning in year
six (6) of the fifteen (15) year term so that 10% of the loan is forgiven
annually from years six through fifteen.
5. Default/Recapture: For all awards, a default will be determined as: sale,
transfer, or conveyance of property; conversion to another use; failure to
maintain standards for compliance as required by any of the funding sources. If
any of these occur,the outstanding balance will be due and payable.
Repayment of the loan is required in full when one of the following conditions is
met,whichever occurs first:
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1. Sale; if proceeds are not sufficient to pay off the mortgage note then the
property owner (not-for-profit or for profit) may contact the County
regarding a settlement amount of the SHIP loan.
2. Title transfer, either voluntarily or by operation of law, divested of title
by judicial sale, levy or other proceedings, including foreclosure or
Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a
lower fixed rate with no cash out in accordance with the"Subordination
Policy"
4. Property will no longer serve the intended target population.
Repaid funds are considered program income, a portion of which may be used
for program administration.
f. Recipient Selection Criteria: All applicants for residence in a SHIP-assisted unit
must meet income qualifications of the program as determined and reported by the
developer's management company for the development.
g. Sponsor/Developer Selection Criteria: Developers will apply to the county
through an application or RFP process. The application/RFP will require proof of
developer experience in providing affordable rental housing, proof of financial
capacity, evidence of site control (or contract for sale), proof of ability to proceed
once all funding is closed, and a housing unit design plan that meets with the
county's housing element in the Comprehensive Plan.
The county reserves the right to select developments that have met all the above
requirements and:
1. Are in areas of immediate need due to lack of available units.
2. Propose to preserve and improve existing units.
All funding awards will be subject to closing on other finding sources.
h. Additional Information: Developers will be required to meet compliance reporting
requirements on the development necessary to meet the statutory requirements for
monitoring of SHIP rental units. The county will provide up to $50,000 of match
contribution if developer applies and subsequently is approved through the Florida
Housing Finance Corporation for a low-income housing tax credit.
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SHIP LHAP 2016-2019
F.
Rental Assistance Code 13
a. Summary of Strategy: Funds will be awarded to renters that are in need of a one-
time payment to assist with in obtaining a lease on a rental unit and qualify under
420.9072 (10). This may include utility deposits, security deposits and rent equal to
no more than twelve months' rent.
b. Fiscal Years Covered: 2016-2017, 2017-2018 and 2018-2019
c. Income Categories to be served:Extremely/Very-low, low and mod
d. Maximum award: Extremely/Very low: $1 5,000
Low: $15,000
Mod: $15,000
e. Terms:
I. Loan/grant: Funds will be awarded as a grant.
2. Interest Rate:N/A
3. Term: N/A
4. Forgiveness/Repayment:N/A
5. Default/Recapture:N/A
f. Recipient Selection Criteria: Applicants will be referred by a lead or social service
agency,or contact CHS and be assisted on a first-qualified,first served basis.
g. Sponsor/Developer Selection Criteria: Non-profit/ for profit housing providers
will be evaluated competitively using established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission requirements.
The evaluation phase will consist of an in-depth review of the following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity and experience
• Project feasibility
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COLLIER COUNTY FL
SHIP LI-lAP 2016-2019
® Adherence to SHIP eligibilities/requirements
Past performance evaluation
h. Additionalldformation:
The lease must be at least twelve months.
Applicant must be in danger of becoming homeless (eviction or 3 day notice) or
currently homeless.
Applicant must be a US citizen or permanent resident.
Unit must be able to pass a habitability standard inspection and be within HUD
established fair market rent limits.
G.
Rental Rehabilitation 14
a. Summary of Strategy: The program is designed to rehabilitate rental units within Collier
County. The rental units will serve extremely low, very-low, low and moderate income
households with a preference for applicants with special housing needs as defined in s.420.0004,
Florida Statutes
Loans will be given to non-profit /for-profit housing providers who have site control and
ownership of the properties to rehabilitate existing single family rental units on scattered sites or
a rental complex located in Collier County. Assistance may be provided for large projects
involving the repair of multiple rental units.Individual tenants seeking repairs on their individual
rental units may not directly apply for assistance from this strategy. The SHIP funds used in the
rehabilitation rental program may be leveraged by public and private sources.
b. Fiscal Years Covered:2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served: extremely low,very-low, low and moderate income
d. Maximum award: Maximum rehabilitation loan to non-profit/for-profit provider shall
not exceed$500,000 per property. Maximum per unit award amount is$30,000.
e. Terms:
L Loan/deferred loan/grant: Funds will be made available by loans secured by a
subordinate mortgage placed on the property rehabilitated.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Repayment of the loan is required in full under the
following conditions :
1. Sale; if proceeds are not sufficient to pay off the mortgage note then the
property owner (not-for-profit or for profit) may contact the County
regarding a settlement amount of the SHIP loan.
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2. Title transfer, either voluntarily or by operation of law, divested of title
by judicial sale, levy or other proceedings, including foreclosure or Deed in
Lieu.
3. Refinance; a refinance of the first mortgage may be approved without
repayment if the request is submitted in writing and the refinance is at a
lower fixed rate with no cash out in accordance with the "Subordination
Policy".
4. Property will no longer serve the intended target population.
5. Default/Recapture: Repaid funds are considered program income, a portion of
which may be used for program administration.
Units will be monitored for a period of fifteen (15)years per Rule Chapter 67-37 of
the Administrative Code. Resale and First Right of Refusal for Affordable Housing
will be given to Eligible Sponsors as noted in Section 420.9075(4)(f) Florida
Statutes.
f. Recipient Selection Criteria: Non-profit/for-profit providers will be required to
income qualify all tenants in accordance with SHIP regulations. Priority for projects
will be given to those who serve Special Needs as defined by s.420.0004, Florida
Statutes.
g. Sponsor/Developer Selection Criteria: Non-profit / for profit housing providers
will be evaluated competitively using established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission
requirements. The evaluation phase will consist of an in-depth review of the
following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity and experience
• Project feasibility
• Adherence to SI-IIP eligibilities/requirements
• Past performance evaluation
11. Additional Information: Once the improvements are completed, the
developer/sponsor shall ensure all eligible tenants will be income qualified that must
occupy the units on subject property during the fifteen year loan term.
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SHIP LHAP 2016-2019
H.
Rental Acquisition 20
a. Summary of Strategy: The program is designed to acquire rental units within Collier
County. The rental units will serve extremely low, very-low, low and moderate income
households with a preference for applicants with special housing needs as defined in
s.420.0004, Florida Statutes.
Loans will be given to non-profit /for-profit housing providers to acquire existing single
family rental units on scattered sites or a rental complex located in Collier County. The
SHIP funds used in the acquisition of rental housing may be leveraged by public and private
sources.
b. Fiscal Years Covered: 2016-2017,2017-2018 and 2018-2019
c. Income Categories to be served: extremely/very-low, low and mod income
d. Maximum award: Maximum acquisition loan to non-profit/ for-profit provider
shall not exceed$300,000 per rental property.
e. Terms:
1. Loan/deferred loan/grant: Funds will be made available by loans secured by a
subordinate mortgage placed on the property rehabilitated.
2. Interest Rate: 0%
3. Term: 15 years
4. Forgiveness/Repayment: Repayment of the loan is required in full under the
following conditions :
1. Sale; if proceeds are not sufficient to pay off the mortgage note then
the property owner(not-for-profit or for profit) may contact the County
.regarding a settlement amount of the SHIP loan.
2. Title transfer, either voluntarily or by operation of law, divested of
title by judicial sale, levy or other proceedings, including foreclosure or
Deed in Lieu.
3. Refinance; a refinance of the first mortgage may be approved
without repayment if the request is submitted in writing and the
refinance is at a lower fixed rate with no cash out in accordance with the
"Subordination Policy".
4. Property will no longer serve the intended target population.
5. Default/Recapture: Repaid funds are considered program income, a portion of
which may be used for program administration.
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COLLIER COUNTY FL
SHIP LHAP 2016-2019
f. Recipient Selection Criteria: Non-profit/for-profit providers will be required to income
qualify, first qualified, first served,all tenants in accordance with SHIP regulations. .
g. Sponsor/Developer Selection Criteria: Non-profit/ for profit housing providers will
be evaluated competitively using established evaluation and selection criteria.
CHS staff will evaluate each application submitted. In the initial phase staff will
review the application for general conformance with the submission
requirements. The evaluation phase will consist of an in-depth review of the
following:
• Compliance with SHIP regulations
• Project risk analysis
• Financial risk analysis
• Capacity and experience
• Project feasibility
• Adherence to SHIP eligibilities/requirements
• Past performance evaluation
h. Additional Information: Once the improvements are completed, the
developer/sponsor shall ensure all eligible tenants will be income qualified on an
annual basis, must occupy the units on subject property during the fifteen year loan
term.
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COWER COUNTY FL
SHIP LHAP 2016-2019
IT. LHAP Incentive Strategies
In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with
the policies and procedures used for implementation as provided in Section 420.9076,F.S.:
A. Name of the Strategy: Expedited Permitting
Permits as defined in s. 163.3177(6)(f)(3)for affordable housing projects are expedited to
a greater degree than other projects.
On December 8,2015,the Board Collier County Board of County Commissioners Approved
an AHCA recommended Incentive Strategy to expedite the development review process for
qualified affordable-workforce housing.
Initially, a qualification meeting is called with the developer and staff to determine if the
project meets the affordable housing requirements. Those projects that demonstrate
compliance will be issued a certificate to allow the expedited review process for all
development orders. Planning and Zoning will provide expedited status by assisting these
developments first throughout the process from application through Certificate of
Occupancy.
B. Name of the Strategy: Ongoing Review Process
An ongoing process for review of local policies, ordinances,regulations and plan provisions
that increase the cost of housing prior to their adoption.
Collier County requires all items which have the potential to increase the cost of housing to
be prepared and presented to the Collier County Board of County Commissioners with the
amount of the increase or decrease mentioned in the executive summary.
The process, by which items are prepared for the BCC Agenda includes a vast approval
hierarchy to ensure that all proposed actions impacting affordable housing are reviewed on
an ongoing basis. Furthermore, the Collier County Affordable Housing Advisory
Committee regularly forms subcommittees to review impediments to affordable housing, as
well as new affordable housing incentives.
C. Other Incentive Strategies Adopted:
Increased Density for Affordable Housing
Collier County allows developers to request increased density when including a certain
percentage of affordable housing in the proposed development.
An Affordable Housing Density Bonus Agreement must be submitted and approved by the
Collier County Board of County Commissioners as provided for in the Collier County Land
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Development Code, ss. 2.06.00.
Inventory of Locally Owned Public Lands Suitable for Affordable Housing.
Collier County prepares an inventory of all real property owned by Collier County that may
be appropriate for use as affordable housing in accordance with Sec. 125.379 F.S. every
three years.
On December 8,2015,the Board Collier County Board of County Commissioners Approved
an AI-ICA recommended Incentive Strategy to permits properties identified as appropriate
for use as affordable housing may be offered for sale and the proceeds used to purchase land
for the development of affordable housing or to increase the local government fund
earmarked for affordable housing, or may be sold with a restriction that requires the
development of the property as permanent affordable housing, or may be donated to a
nonprofit housing organization for the construction of permanent affordable housing.
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COLLIER COUNTY FL
SHIP LI-IAP 2016-2019
1V. EXHIBITS:
A. Administrative Budget for each fiscal year covered in the Plan.
B. Timeline for Estimated Encumbrance and Expenditure.
C. Housing Delivery Goals Chart(HDGC)For Each Fiscal Year Covered in the plan.
D. Signed LHAP Certification.
E. Signed,dated, witnessed or attested adopting resolution.
F. Ordinance: (If changed from the original creating ordinance).
G. Interlocal Agreement.
H. Other Documents Incorporated by Reference.
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ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR
Exhibit A.
LHAP 2009-001
Exhibit A
Revised: 6/2015
(Local Government name)
Fiscal Year: 2016-2017
Estimated Allcoation for Calculating: $ 406,684.70
Salaries and Benefits $ 390,000.00
Office Supplies and Equipment $ 5,000.00
Travel Per diem Workshops, etc. $ 8,000.00
Advertising $ 2,000.00
Other* $ 1,684.70
Total $ 406,684.70 1
Fiscal Year: 2017-2018
Estimated Allcoation for Calculating: $ 406,684.70
Salaries and Benefits $ 390,000.00
Office Supplies and Equipment $ 5,000.00
Travel Per diem Workshops, etc. $ 8,000.00
Advertising $ 2,000.00
Other* $ 1,684.70
Total $ 406,684.70 1
Fiscal Year 2018-2019
Estimated Allcoation for Calculating: $ 406,684.70
Salaries and Benefits $ 390,000.00
Office Supplies and Equipment $ 5,000.00
Travel Per diem Workshops, etc. $ 8,000.00
Advertising $ 2,000.00
Other* $ 1,684.70
Total $ 406,684.70 1
*All "other" items need to be detailed here and are subject to review and
approval by the SHIP review committee, Project Delivery Costs that are
outside of adminsitrative costs are not to be included here, but must be
detailed in the LHAP main document.
Details:
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Exhibit B
Timeline for SHIP Expenditures
Collier County affirms that funds allocated for these fiscal years will
(local government)
meet the following deadlines:
Fiscal Year Encumbered Expended 1St Year AR 2nd Year AR Closeout AR
2016-2017 6/30/2018 6/30/2019 9/15/2017 9/15/2018 9/15/2019
2017-2018 6/30/2019 6/30/2020 9/15/2018 9/15/2019 9/15/2020
2018-2019 6/30/2020 6/30/2021 9/15/2019 9/15/2020 9/15/2021
If funds allocated for these fiscal years is not anticipated to meet any of the deadlines in the table above,
Florida Housing Finance Corporation will be notified according to the following chart:
Fiscal Year Funds Not Funds Not 1St Year AR 2nd Year AR Closeout AR
Encumbered Expended Not Not Not
Submitted Submitted Submitted
2016-2017 3/30/2018 3/30/2019 6/15/2017 6/15/2018 6/15/2019
2017-2018 3/30/2019 3/30/2020 6/15/2018 6/15/2019 6/15/2020
2018-2019 3/30/2020 3/30/2021 6/15/2019 6/15/2020 6/15/2021
Requests for Expenditure Extensions(close-out year ONLY) must be received by FHFC by June 15 of the
year in which funds are required to be expended.The extension request shall be emailed to
robert.dearduff @floridahousing.org and terry.auringer @floridahousing.org and include:
1. A statement that"(city/county)requests an extension to the expenditure deadline for fiscal
year
2. The amount of funds that is not expended.
3. The amount of funds that is not encumbered or has been recaptured.
4. A detailed plan of how/when the money will be expended.
Note:an extension to the expenditure deadline(June 30)does not relieve the requirement to submit
(September 15)the annual report online detailing all funds that have been expended. Please email
terry.auringer@ floridahousinc.orq when you are ready to "submit"the AR.
Other Key Deadlines:AHAC reports are due for each local government by December 31 of the year prior to
the local government's LHAP being submitted. Local governments receiving the minimum or less allocation
are not required to report.
29
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Packet Page -1199-
4/26/2016 16.D.4.
Exhibit D
67-37.005(1), F.A.C.
Effective Date: 10/14
CERTIFICATION TO
FLORIDA HOUSING FINANCE CORPORATION
Local Government:Collier County
(1) The local government will advertise the availability of SHIP funds pursuant to Florida
Statutes.
(2) All SHIP funds will be expended in a manner which will insure that there will be no
discrimination on the basis of race, creed, religion, color, age, sex, familial or marital
status, handicap, or national origin.
(3) A process for selection of recipients for funds has been developed.
(4) The eligible municipality or county has developed a qualification system for applications for
awards.
(5) Recipients of funds will be required to contractually commit to program guidelines.
(6) The Florida Housing Finance Corporation will be notified promptly if the local
government(or interlocal entity) will be unable to comply with the provisions the plan.
(7) The Local Housing Assistance Plan shall provide for the expenditure of SHIP funds
including allocation, program income and recaptured funds within 24 months following the
end of the State fiscal year in which they are received.
(8) The plan conforms to the Local Government Comprehensive Plan, or that an amendment to
the Local Government Comprehensive Plan will be initiated at the next available opportunity
to insure conformance with the Local Housing Assistance Plan.
(9) Amendments to the approved Local Housing Assistance Plan shall be provided to the
Corporation with in 21 days after adoption.
(10) The trust fund shall be established with a qualified depository for all SHIP funds as well
as moneys generated from activities such as interest earned on loans.
(II) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted
by law.
(12) The local housing assistance trust fund shall be separately stated as a special revenue fund in
the local governments audited financial statements,copies of the audits will be forwarded to
33
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4/26/2016 16.D.4.
Exhibit D
67-37.005(1), P.A.C.
Effective Date: 10/14
the Corporation as soon as available.
13) An interlocal entity shall have its local housing assistance trust fund separately audited
for each state fiscal year, and the audit forwarded to the Corporation as soon as possible.
(14) SHIP funds will not be pledged for debt service on bonds or as rent subsidies.
(15) Developers receiving assistance from both SHIP and the Low Income housing Tax
Credit (LIHTC)Program shall comply with the income,affordability and other LIHTC
requirements, similarly,any units receiving assistance from other federal programs shall
comply with all Federal and SHIP program requirements.
(16) Loans shall be provided for periods not exceeding 30 years, except for deferred payment
loans or loans that extend beyond 30 years which continue to service eligible persons.
(17) Rental Units constructed or rehabilitated with SHIP funds shall be monitored at least
annually for 15 years for compliance with tenant income requirements and affordability
requirements or as required in Section 420.9075 (3)(e)
(18) The Plan meets the requirements of Section 420-907-9079 FS,and Rule Chapter 67-37 FAC,
and how each of those requirements shall be met.
(19) The provisions of Chapter 83-220,Laws of Florida has or X has not
been implemented. (note:Miami Dade County will cheek"has")
Witness Chief Elected Official or designee
Witness Type Name and Title
Date
OR Approved as to form and legality
A'Msistant County Attorney
Attest:(Seal)
34
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4/26/2016 16.D.4.
Exhibit G
16 i
COLLIER COUNTY/CITY OF'NAPLES
INTERLOCAL AGREEMENT
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM
d
THIS (NTERLOCAL AGREEMENT (the "Agreement") made and entered into this
_73�
ut day of j4Q .1. ,,., 2013, by and between Collier County, a political subdivision of
the State of Florida,acting by and through its Board of County Commissioners, and the City of
Naples, a municipal corporation created and existing under the laws of the State of Florida,
acting by and through its City Council.
WITNESSETHHt
WHEREAS, Section 420,9072, at sey,, Florida Statutes (the "State Housing
Initiatives Partnership Program" ("SHIP"), authorizes monies in the Local Government
Housing Trust Fund (the "Fund") to be distributed to approved counties and eligible
municipalities within the county pursuant to an Cnterlooal Agreement;and
WHEREAS, Collier County is an approved county and the City of Naples is an
eligible municipality within Collier County;and
WHEREAS, the parties desire to jointly utilize SHIP allocations pursuant to this
Agreement;and
WHEREAS, the parties have determined that SHIP funds can be more efficiently
utilized and managed when the parties work cooperatively to address the community's
affordable housing needs,
NOW, THEREFORE, in consideration of the mutual promises set forth herein, the
parties agree as follows:
1. The County and City do hereby agree that the Si-lIP Program funds as allocated
in Section 420.9073, Florida Statutes, are to be distributed to Collier County to administer in
conformity with the mutually approved Local Housing Assistance Plan,
INSTR 4832229 OR 4014 PG 1913
RECORDED 5/1/2013 1:05 PM PAGES 4
DWIGHT E.BROCK,CLERK OF THE CIRCUIT COURT
COLLIER COUNTY FLORIDA
REC 535.50
37
Packet Page -1202-
4/26/2016 16.D.4.
61),
2. Unless earlier terminated pursuant to other provisions of this interlocal
Agreement, the term of this Agreement shall run concurrent with the three-year Local Housing
Assistance Plan (the"LHAP") which expires June 30, 2016 and will be automatically renewed
with adoption of subsequent LHAPs.
3. The County and City direct the Florida Housing Finance Corporation (the
"Corporation") to distribute and allocate the SHIP Program funds in accordance with this
Agreement and authorize the Corporation to rely on their stated intent and their authority to
execute this Agreement.
4, The SHIP Program funds so distributed will he deposited in a single depository
trust fund account created and managed by Collier County, Finance Division of the Office of the
Clerk of the Circuit Court, This account shall be known as the Collier County Local Housing
Trust Fund (hereinafter referred to as"Local Fund"), to which SHIP funds are distributed by the
Corporation, The Corporation will be notified of any change in the Local Fund status and the
parties agree to have such Local Fund audited annually us required by Chapter 420, Florida
Statutes and Chapter 67-37, Florida Administrative Code,Since all distributions from the Local
Fund shall be processed by Collier County,parties hereto agree that the Comprehensive Single
Entity Audit of the accounts and records of the County with respect to SI-HP revenues and
expenditures shall constitute the audit for the lnterlocal Entity as described in the SHIP
Regulations.The parties hereto agree that the Local Fund may be allocated a pro-rata cost of the
independent audit by the County,
5, During the term of this Agreement, both parties agree that they will not do
anything to jeopardize the other party's right to receive its allocation from the Local Fund,
6. Membership to the Affordable Housing Advisory Committee shall be jointly
appointed by Resolution of both the County and City to triennially prepare a joint Local
Housing Incentive Plan as required by Chapter 420.9076,Florida Statutes.
7. The parties to this Agreement have adopted incentives from the Affordable
Housing Incentive Plan as prepared and submitted by the joint Affordable Housing Advisory
Committee, amending the Local Housing Assistance Plan accordingly, Both parties understand
that Chapter 420, Florida Statutes requires continuing monitoring and implementation of the
Affordable Housing Incentive Plan for the purpose or enhancing and providing affordable
2
38 cA
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4/26/2016 16.D.4.
,
1 t6 D 5 t,
housing and agree to cooperate in ensuring that the requirements and spirit ol'the Chapter 420,
Florida Statutes is satisfied.
S. Neither party shall use any revenues distributed and allocated for purposes other
than those authorized by Section 420.907 et seq., Florida Statutes, or Chapter 67.37, Florida
Administrative Code.
9, During the term of this Agreement, any party may give the other party ninety
(90)days written notice that it wishes to renegotiate the terms of this Agreement, to be effective
on the first day of the next fiscal year. If the parties fail to reach a new agreement prior to the
commencement of the next fiscal year, this Agreement shall terminate and be of no further force
or effect, and the funds shall he allocated according to population pursuant to Section 420,9072
and Section 420,9073,Florida Statutes.
10. If either party shall cease to be eligible for allocation and distribution, such
party's allocation of the funds shall remain in the Local Fund to be used by the Corporation,
Both parties acknowledge the SHIP enabling legislation, the rules promulgated to implement
same, and that the Chapter 420, Florida Statutes and Chapter 67-37, Florida Administrative
Code are incorporated herein as if they were restated.
IN WITNESS THEREOF, the parties hereto have caused this Agreement to he
executed by their duly authorized officials,
.:,,°:'1, s/,a Op'"., .
1' Tt••„� •':.'tom"`•. BOARD OF Co UNTY CO) MISSIONERS
,pt• witstiz ,'e•t "CK,CLk1Rlt OP C. LIER CO TY LORIDA v.
I w '',14, . 61 yit t3y, ( I •_ .
` aoa In s ec,...n Clerk 0 or,r!A. •Tiller,Esq.
A 5t:�lg lD ^ Ch ' woman Dl/iP3/Jb13
5lQnatur£t5nly,
Approved as to form and
legal sufficiency;
n\,�
y\
�
Jen_4413
i er 13. White 0,„—)
Assistant County Attorney ' , -4
3
Cc r1
39
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4/26/2016 16.D.4.
160 51
ATTEST; CITY OF NAPLES,a Municipal
Corporation
'C• d '� ��yyl
njb'bs j c ylerk f ohn F.Sorey klayor
..t 1�1,t1\�0.
Approved as fa farm and
legal sufficiency:
Robert E),Pritt,City Attorney
•
4
•
40
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4/26/2016 16.D.4.
IXrli[9It hi
Collier County
Community and Human Services Division (CHS)
SHIP Short Sale Policy
........ . . ...... ...
A request for a short sale settlement on a Collier County SHIP loan must meet the following criteria:
1. Seller must be approved for a short sale from the first mortgage lender.
2. Seller of the property shall not receive any funds from the Short Sale transaction.
The settlement amount on a Collier County SHIP loan will be determined based upon the table shown below:
SHORT SALE SETTLEMENT
AMOUNT
6%or$6,000
whichever is less
(but never for less than$500)
(Example:SHIP assistance in the amount of$20,000,the settlement amount would be$1,200.00)
In order to determine if a recipient may qualify for settlement on their County SHIP loan,CHS will require the following
information to be submitted to our office prior to issuance of final approval and closing of the Short Sale:
1. Evidence of the first mortgage lender's approval for Short Sale.
2. Preliminary Closing Disclosures;and
3. Final signed sales contract;and
4. Seller's authorization for agency/law firm to negotiate short sale transaction,
If the Short Sale is approved by CHS,an approval letter will be issued to the first mortgage lender and closing agent
stating the approved settlement amount required to be paid at closing.
Upon receipt of the County Settlement amount, in addition to the signed Closing Disclosures,CHS shall request that the
Board of County Commissioners execute a satisfaction of mortgage.The Satisfaction of Mortgage will be recorded in the
Public Records of Collier County, Florida.
Payment should be made to"Collier County Board of County Commissioners" and delivered to:Community and
Human Services,3339 E.Tamiami Trail,Bldg H,Suite 211,Naples, FL 34112. Please include a separate check in the
amount of$10.00 made payable to:Collier County Clerk of Courts for the cost of recording the satisfaction.
Please allow 10-14 business days for processing from the date the request is submitted to our office.
Raynesha Hudnell, Grants Coordinator
Housing,Human&Veteran Services Department
3339 E.Tamiami Trail,Bldg H,Suite 211
Naples,Florida 34112
Phone:239-252-5312 E-fax:239-252-6518 Email: RayneshaHudnell @colliergov,net
Revised 3/2016
41
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4/26/2016 16.D.4.
Collier County
SHORT SALE REQUEST
COMPLETE AND FAX OR EMAIL TO:
(239)252-6518 or RayneshaHudnell@colliergov.net
Seller Information
Borrower: Co-Borrower:
Property Address: City State - Zip
First Mortgage Information
First Mortgage Lender:
Address:
Principal Balance: $ Approved Short Sale Amount: $
Net Proceeds to Lender: $ Net Proceeds to Seller: $
Closing Agent/Title Company Information
Closing Agent/Title Company Name:
Contact Person: Phone:
Email:
I, ,a representative of,
(Print Name) (Agency/Law Firm)
with authority to negotiate the short sale transaction for the above mentioned client(s),certify that the above information
provided is true and correct.
Signature Date
Revised 3/2016
Packet Page -1207-
4/26/2016 16.D.4.
Exhibit H
Collier County
Community and Human Services Department
STATE/FEDERAL LOAN
SUBORDINATION POLICY
Requests for subordination must be approved in advance by the Community and Human Services
Division("Division"). We may consider subordinating our loan if the following factors are present:
• The proposed transaction is a rate and term refinance (less than $500.00 to borrower at
closing); and
• The new interest rate is a least one percent less than the current interest rate; and
• The new principal and interest payment is lower than the current payment; or if the new
monthly payment is increased due to a reduction to the term of the loan,the Division will
determine if the new payment is reasonable and beneficial to the client; and
• The proposed transaction only includes the current first mortgage payoff and reasonable closing
costs;and
• Closing costs are reasonable as determined by the Division; and
• The proposed transaction does not include a prepayment penalty.
• Property being refinanced must be the borrower's principal residence.
The following documents must be submitted to our office in order to process a subordination request:
1. Subordination Request form (attached).
2. Signed and executed Loan Estimate and Truth in Lending statement; and
3. Signed and executed mortgage/loan application; and
4. Preliminary Closing Disclosures; and
5. Copy of title commitment
Please allow 10 business days for processing from the date the request is submitted to our office. If
approved,the Division will notify the lender and title company to prepare the Subordination
Agreement. If we are unable to approve the request, a payoff letter will be issued.
Raynesha Hudnell
Grant Coordinator
Community and Human Services Department
3339 E. Tamiami Trail, Bldg H, Suite 211
Naples,Florida 34112
Phone: 239-252-5312 E-fax: 239-252-6518 Email: RayneshaHudnell @colliergov.net
Revised 03/2016
43
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4/26/2016 16.D.4.
Subordination Request Form
Complete and fax back to: (239)252-6518
Attn: Raynesha Hudnell
To be completed by the Financial Institution processing refinance on behalf of clients listed below
Borrower(s)name:
Borrower(s)address:
Financial Institution:
Address:
Email: Phone:
Current Mortgage Information
Principal Balance: Interest Rate:
Monthly Payment(PITT): Loan Term:
New Mortgage Information,
Loan Amount: Interest Rate:
Monthly Payment(PITI): Loan Term:
Closing Agent/Title Company Information
Name: Contact Person:
Phone: Email Address:
I certify that the above information is correct. I certify that there will be no cash out to the borrower,
and no other unsecured debt will be paid off(i.e.,credit cards,automobile loans,etc.). I understand
that the subordination document prepared by Collier County will be invalid if that is the case.
Lender/Broker Signature Lender/Broker Name Printed Date
Email address Phone
Revised 03/2016
44
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4/26/2016 16.D.4.
Exhibit E
67-37.005(1), F.A.C.
RESOLUTION#:2016-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE
STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT,SUBSECTIONS 420.907-420.9079,
FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE;
AUTHORIZING AND DIRECTING THE CHAIRMAN TO EXECUTE ANY NECESSARY
DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE
SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BY
THE FLORIDA HOUSING FINANCE CORPORATION;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the State of Florida enacted the William E.Sadowski Affordable Housing Act,Chapter 92-
317 of Florida Sessions Laws,allocating a portion of documentary stamp taxes on deeds to local governments for
the development and maintenance of affordable housing;and
WHEREAS,the State Housing Initiatives Partnership(SHIP)Act,ss.420907-420.9079,Florida Statutes
(1992),and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one-to
three-year Local Housing Assistance Plan outlining how funds will be used;and
WHEREAS,the SHIP Act requires local governments to establish the maximum SHIP funds allowable
for each strategy;and
WHEREAS,the SHIP Act further requires local governments to establish an average area purchase price
for new and existing housing benefiting from awards made pursuant to the Act;The methodology and purchase
prices used are defined in the attached Local Housing Assistance Plan; and
WHEREAS, as required by section 420.9075, F.S. It is found that 5 percent of the local housing
distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering
the local housing assistance plan.The cost of administering the program may not exceed 10 percent of the local
housing distribution plus 5% of program income deposited into the trust fund, except that small counties, as
defined in s. 120.52(17),and eligible municipalities receiving a local housing distribution of up to$350,000 may
use up to 10 percent of program income for administrative costs.
WHEREAS, the Community and Human Services Division has prepared a three-year Local Housing
35
Packet Page -1210- N,
4/26/2016 16.D.4.
Exhibit E
67-37.005(I), F.A.C.
Assistance Plan for submission to the Florida Housing Finance Corporation;and
WHEREAS,the Board of County Commissioners finds that it is in the best interest of the public for the
County to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary
stamp tax.funds.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA that:
Section 1: The Board hereby approves the Local Housing Assistance Plan,as attached and incorporated
hereto for submission to the Florida Housing Finance Corporation as required by ss.420.907-
420-9079,Florida Statutes,for fiscal years 2016/2017, 2017/2018 and 2018/2019.
Section 2: The Chairman is hereby designated and authorized to execute any documents and
certifications required by the Florida Housing Finance Corporation as related to the Local
Housing Assistance Plan,and to do all things necessary and proper to carry out the term and
conditions of said program.
Section 3: This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS DAY OF ,2016.
Donna Fiala,Chairman
(SEAL)
ATTEST:
,Deputy Clerk
Approved as to form and legality
Assistant County Attorney
Packet Page -1211- '
4/26/2016 16.D.4.
Book 142 Page
Agenda Item 7-f
Meeting of 4/6/16
RESOLUTION 16-13776
A RESOLUTION APPROVING THE COLLIER COUNTY 2016-2019 STATE HOUSING INITIATIVE
PARTNERSHIP (SHIP) LOCAL HOUSING ASSISTANCE PLAN (LHAP); AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, in accordance with the State of Florida William E. Sadowski Affordable Housing Act,
Collier County government must adopt a new FY 2016-2019 State Housing Initiative
Partnership (SHIP) Local Housing Assistance Plan (LHAP); and
WHEREAS, the SHIP Local Housing Assistance Plan allows adopted strategies for local
incentives to create partnerships producing and preserving affordable housing in the
urban area; and
WHEREAS, the City of Naples, through a State Housing Initiative Partnership Inter local
Agreement, supports this effort; and
WHEREAS, staff has determined there is no objection to this proposed FY 2016-2019 Local
Housing Assistance Plan, and the action is in the best interest to the citizens of
Naples;
IINOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES,FLORIDA:
Section 1. The Collier County 2016-2019 Local Housing Assistance Plan (LHAP) is hereby
approved; a copy of which is on file in the City Clerk's office.
Section 2. This resolution shall take effect immediately upon adoption.
, ,■■
PASSED wpfeil AND REGULAR SESSION OF THE CITY COUNGIL-OF7 CITY OF NAPLES,
FLORIDA,THIS :e.h.,DAY OF APRIL, 2016.
Attest: -
Patricia L karnbosk, City'derx. Bill Barnett, Mayor
".,
Approved as to Toi-O,i,anOiegality:
Robert D. Pritt: City Attorney
MAREFICOUNCIURESt2016116-13776
Date filed with City Clerk: 1/ -/'
1111
Packet Page -1212-
•
4/26/2016 16.D.4.
rguninl
n
ORDINANCE NO. 2013 - 27
By AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, ESTABLISHING THE COLLIER
COUNTY SHIP LOCAL HOUSING ASSISTANCE PROGRAM
ORDINANCE; PROVIDING FOR TITLE AND CITATION; PROVIDING
FOR DEFINITIONS; PROVIDING FOR ESTABLISHMENT OF THE
LOCAL HOUSING ASSISTANCE PROGRAM; PROVIDING FOR
ESTABLISHMENT OF A LOCAL HOUSING ASSISTANCE TRUST
FUND; PROVIDING FOR DESIGNATION OF RESPONSIBILITY FOR
IMPLEMENTATION; PROVIDING FOR ESTABLISHMENT OF AN
AFFORDABLE HOUSING ADVISORY COMMITTEE; PROVIDING
FOR REPEAL OF ORDINANCE NO. 9349, AS AMENDED;
PROVIDING FOR. THE REPEAL OF ORDINANCE NO. 91-65, AS
AMENDED; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in 1992, the Legislature of the State of Florida approved t aguski
Affordable Housing Act creating the State Housing Initiatives Partnership("SHIP")rigr4 fern
:tf
the specific purpose of supporting and expanding the availability of affordable hous 'res9rcer--.
rix
within the State;and `-"cn in
t— ,
WHEREAS, the Collier County Board of County Commissioners (Bo":y' ad�'`'opte
o—t
Ordinance No. 93-19 on April 13, 1993, creating a local housing assistanee�ttist`Rind,
establishing a local housing assistance program, designating responsibility for the program, and
creating an Affordable Housing Advisory Committee;and
WHEREAS, on July 23, 1991, the Board of County Commissioners adopted Ordinance
No. 91-65, establishing the Collier County Affordable Housing Commission(now known as the
Affordable Housing Advisory Committee), which Ordinance was subsequently amended by
Ordinance Nos. 04-77, 05-69,08-17, and 09-50;and
WHEREAS, the Board has determined that it is in the best interest of the County to
repeal Ordinance No, 93-19, as amended, and Ordinance No. 91-65, as amended, in order to
adopt a single consolidated Ordinance to comply with the requirements set forth in Florida
Statutes, Sections 420.907. 420.9070 and Chapter 67-37, Florida Administrative Code.
2617 Collier County Sill?Local Housing Assistance Program Ordinance
• a
Packet Page-1213-
4/26/2016 16.D.4.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA, that:
SECTION ONE Title and Citation.
This Ordinance shall be known and cited as the "Collier County SHIP Local Housing
Assistance Program Ordinance".
SECTION TWO: Definitions.
For the purposes of this Ordinance, the definitions contained in Florida Statutes,Chapter
420,9071 and Rule 67-37.002, Florida Administrative Code,as they may be amended or replaced
from time to time,are adopted herein by reference.
SECTION THREE: Establishment of the Local Housing Assistance Program.
The Local Housing Assistance Program is hereby created and established to implement
the requirements of Florida Statutes, Section 420.907 and Rule 67-37, Florida Administrative
Code,adopted herein by reference,as they may be amended or replaced from time to time.
The County shall implement the program within the unincorporated boundaries of Collier
County and may enter into an interlocal agreement with municipalities. The strategies of the
program will be set forth in the County's SNIP local housing assistance plan.
SECTION FOUR: Establishment of a Local Housing Assistance Trust Fund.
Pursuant to the requirements Section 420,907 Florida Statutes, the County hereby
reaffirms establishment of a Local Housing Assistance Trust Fund within the official and fiscal
accounting office of the County as originally established on April 13, 1993, by Ordinance No.
93-19, The County's local housing assistance trust fund shall be separately stated as a special
revenue fund in the county's audited financial statements. Copies of such audited financial
statements shall be forwarded to the Florida Housing Finance Agency.
All moneys received from the state pursuant to the State Housing Initiative Partnership
(SHIP) Program and any other funds received or budgeted to provide funding for the Local
Housing Assistance Program shall be deposited into the Collier County Local Housing
Assistance Trust Fund.
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SECTION FIVE: Designation of responsibility for implementation.
The Director of the County's Department of Housing, E-fuman and Veterans Services shall
be primarily responsible for implementation and administration of the local housing assistance
program.
SECTION SIX: Establishment of an Affordable Rousing Advisory Committee.
The Affordable Housing Advisory Committee is created and established in accordance
with Florida Statutes, Section 420.9076 and County Ordinance No, 01.55, Standards for The
Creation and Review of Boards. In the event of a conflict, the provisions of Florida Statutes,
Section 420.9076 shall apply.
Duties of the advisory committee are provided in Florida Statutes, Section
420.9076(2)(a) - (k) adopted herein by reference,as they may be amended or replaced from time
to time.
Appointments to the Affordable Housing Advisory Committee will be made in
accordance with the membership requirements of Florida Statutes, Section 420.9076, including
joint appointments to prepare a joint plan when a participating municipality enters into an
interlocal agreement to administer its program.
The committee shall consist of eleven (I I) members as required by Florida Statutes
420.9076 (2)(a)-(k), appointed by Resolution of the Board of County Commissioners no later
than March 2, prior to the year the Local 1-lousing Assistance Plan is due. The term of service
shall be for three (3) years or at the discretion of the Board, Terms may be extended for one
additional three(3)year term.
Six (6) members shall constitute a quorum sufficient to permit the committee to take any
formal action. However, if formal action is not taken, the committee may meet to hear
presentations with less than a quorum in attendance,if the meeting is duly noticed.
A majority of concurring votes of the entire membership of the committee shall be
necessary for a decision or recommendation by the committee,
The committee may elect a chairperson or presiding officer.
The committee members serving immediately prior to this Ordinance's adoption shall
fulfill the remainder of their appointed terms.
7013 Collier County SHIP Local Ituusing Assistance Program ordinance
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The committee shall meet at least triennially and submit a report to the local governing
body that includes recommendations on, and triennially thereafter evaluates the implementation
of affordable housing incentives as required by Florida Statutes, Section 420.9076(4)(a)- (k).
The Board of County Commissioners may sunset or suspend meetings of the committee
upon submission of the triennial Incentive Report and reconvene no later than March 2 of the
year the Incentive Report is due. The committee will be cooperatively staffed by Housing,
Human and Veterans Services Department and Planning and Zoning Department staff in
accordance with Florida Statutes, Section 420,9076(9).
SECTION SEVEN; Repeal of Ordinance No.93-19,as amended.
Ordinance No. 93-19, pertaining to the Collier County Housing Initiatives Partnership
Program,and all amendments thereto, is hereby repealed in its entirety.
SECTION EIGHT; Repeal of Ordinance No.91-65,as amended.
Ordinance No. 91-65, pertaining to the Affordable Housing Committee, and all
amendments thereto, is hereby repealed in its entirety.
SECTION NINE; Inclusion in the Code of Laws and Ordinances.
The provisions of this Ordinance shall become and be made a part of the Code of
Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or
re-lettered to accomplish such, and that the word "ordinance" may be changed to "section,"
"article,"or other appropriate word or phrase necessary to accomplish such intentions.
SECTION TEN: Conflict and Severability.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, deemed a separate, distinct and independent provision and such holding
shall not affect the validity of the remaining portion,
SECTION ELEVEN; Effective date.
This Ordinance shall become effective thirty (30) days after its adoption by the Board
of County Commissioners,
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this q day of ,2013.
ATTEST:. BOARD OF COUNTY COMMISSIONERS•
DWIG11' tI P ?CK,CLERK COL COU''TY, FLORIDA
l . .1
• 2■ !• putt'Clerk V Georgia A. Hiller, Esq.
Atftgas ' ,.s .. • Chairwoman
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Appoved; s�(Arm.
and legal sufficiency;
Jen fer B. White
Assistant County Attorney j2j. X113
This ordinance filed with the
4ec ee,►arr of 5 ►e' ft�je,the
ltl 'day of.., }1I � j'[J�
and acktrawltsdgeen • at
No. r aived • ' ' •aY
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2013 Collier County SI IIP I.ocul I ro sing Assiswnee Program Ordinance
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. RROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of :
ORDINANCE 2013-27
which was adopted by the Board of County Commissioners
on the 9th day of April, 2013, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2013 ,
DWIGHT E. BROCK ;'
Clerk of Courts and' Clerk
Ex-officio to Ekkai I) oe ,
County Commissi6nez''S,'
By: Ann - nejohn,
Deputy Clerk
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