Agenda 03/27/2018 Item #16D 303/27/2018
EXECUTIVE SUMMARY
Recommendation to adopt a resolution to implement lien compliance and a collection procedure for
all housing programs administered by the Community and Human Services Division (CHS).
OBJECTIVE: To adopt a resolution pursuant to Resolution 2006-252 that establishes a lien compliance
and collection process to further the administration of all federal, state, and local housing programs that
enhance affordable housing efforts in Collier County.
CONSIDERATIONS: The CHS Division administers a wide range of affordable housing programs that
result in liens being placed on assisted properties. Such programs include purchase assistance,
rehabilitation, impact fee deferrals, affordable housing density bonuses, and other affordable housing
initiatives that are monitored for on-going compliance.
While every program administered by CHS is different, they share many of the same requirements for
compliance. Each lien, mortgage, or security instrument entered for housing assistance has repayment
triggers and clauses. Repayment of a loan is required in full when one of the following conditions is met:
Sale, title transfer, refinance, or the home is no longer the primary residence, abandoned, leased, or
rented. In some programs, in cases where the qualifying homeowner(s) die(s) during the loan term, the
loan may be assumed by an eligible heir who will occupy the home as a primary residence. In all cases,
the County reserves the right to foreclose if the homeowner does not repay the loan as stated in the l egal
instrument.
The CHS Monitoring Unit annually monitors all individuals and organizations for compliance with grant
and lien agreement requirements, and non-compliance is minimal. The most common non-compliance
situations include the death of one of the homeowners, divorce, quitclaim deed, non-homestead of
property, the sale of property without repayment to the County, and unallowable rental of the property.
Non-compliance results in communication with the lien holders to attempt to achieve compliance, which
resolves the majority of issues.
This proposed Resolution is to provide consistency in all CHS housing programs with a procedure to
address common circumstances not contemplated in the lien or other legal instruments, and also to set
forth a procedure to address receivables, establish a payment process, create a write-off procedure for bad
debt.
Accordingly, CHS recommends the following:
1. If divorced and one spouse remains in the homesteaded property, with a quitclaim deed, this
will not be deemed a transfer but will be deemed compliant.
2. If one owner/spouse is deceased, and the other remains in the homesteaded property, this will
be deemed compliant.
3. Provide for a collection process if non-compliance remains.
The collection process set forth in the proposed Resolution is as follows:
The CHS Grants Compliance Unit (GCU) will have 12-months to encourage the owners to come into
compliance with the requirements of the mortgage, lien(s), and/or security instruments. After all efforts
have been exhausted to bring the owner(s), heirs, or authorized agents into compliance with the mortgage
and/or lien requirements, the CHS GCU will refer the non-compliant owner(s) to a County approved
collection agency to collect the debt in full or establish a repayment plan between the owner and
collection agency. Some non-compliant mortgage/lien holders have requested to enter into a repayment
plan, but CHS does not currently have the authority to enter into such agreements.
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03/27/2018
After two (2) years of effort on the part of the CHS staff and a collection agency to bring the owner(s)
into compliance, the CHS staff will prepare an Executive Summary and Resolution regarding past due
receivables and bring the matter to the Board of County Commissioners (Board) for their re view and
determination in accordance with Resolution 2006-252.
The proposed Resolution will apply to outstanding compliance issues for existing programs and those
becoming non-compliant in the future.
FISCAL IMPACT: The proposed resolution does not pose any fiscal impact in and of itself. All non-
compliant cases will eventually be brought to the Board for final action and the Fiscal impact of any such
Items will be identified at that time.
GROWTH MANAGEMENT IMPACT: Acceptance and implementation of this policy further the
Goals, Objectives, and Policies of the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This Item is approved for form and legality and requires a majority vote
for Board approval. -JAB
RECOMMENDATION: To adopt a resolution to implement lien compliance and a collection procedure
for all housing programs administered by CHS.
Prepared By: Susan Golden, Senior Grants and Housing Coordinator, Community and Human Services
Division
ATTACHMENT(S)
1. CHS Compliance Resolution-stamped (PDF)
16.D.3
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03/27/2018
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.3
Doc ID: 5001
Item Summary: Recommendation to adopt a resolution to implement lien compliance and a
collection procedure for all housing programs administered by the Community and Human Services
Division (CHS).
Meeting Date: 03/27/2018
Prepared by:
Title: – Community & Human Services
Name: Susan Golden
03/01/2018 5:06 PM
Submitted by:
Title: Division Director - Cmnty & Human Svc – Public Services Department
Name: Kimberley Grant
03/01/2018 5:06 PM
Approved By:
Review:
Public Services Department Kimberley Grant Additional Reviewer Completed 03/08/2018 5:05 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 03/12/2018 8:23 AM
Operations & Veteran Services Sean Callahan Additional Reviewer Completed 03/12/2018 8:24 AM
Community & Human Services Cormac Giblin Additional Reviewer Completed 03/12/2018 8:27 AM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 03/12/2018 8:45 AM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 03/13/2018 7:40 AM
County Attorney's Office Jennifer Belpedio Level 2 Attorney of Record Review Completed 03/13/2018 3:56 PM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 03/13/2018 4:11 PM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 03/14/2018 2:15 PM
Budget and Management Office Ed Finn Additional Reviewer Completed 03/15/2018 8:51 AM
Grants Therese Stanley Additional Reviewer Completed 03/15/2018 4:29 PM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 03/18/2018 5:25 PM
Board of County Commissioners MaryJo Brock Meeting Pending 03/27/2018 9:00 AM
16.D.3
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16.D.3.a
Packet Pg. 1056 Attachment: CHS Compliance Resolution-stamped (5001 : Lien Compliance Resoution)
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Packet Pg. 1057 Attachment: CHS Compliance Resolution-stamped (5001 : Lien Compliance Resoution)
16.D.3.a
Packet Pg. 1058 Attachment: CHS Compliance Resolution-stamped (5001 : Lien Compliance Resoution)
16.D.3.a
Packet Pg. 1059 Attachment: CHS Compliance Resolution-stamped (5001 : Lien Compliance Resoution)