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Resolution 2018-058 rrnnOogrn00, RESOLUTION NO. 18— 58 O 4ftr cs 0 -1 A RESOLUTION OF THE BOARD OF COUNTY � 0 rn w 0 co C ,D -. A COMMISSIONERS OF COLLIER COUNTY, FLORIDA, Z °V, 0 m CJI ESTABLISHING PROCEDURES FOR LIEN r 0 CO A OriZ1 rn A COMPLIANCE FOR AFFORDABLE HOUSING D M D O PROGRAMS ADMINISTERED BY THE COLLIER o v g COUNTY COMMUNITY AND HUMAN SERVICES rn rn DIVISION. 2 A RECITALS: 0 WHEREAS,it is the intent of the Board of County Commissioners of Collier County, Florida, to increase the amount of affordable housing for its worker force and residents, and encourage the retention of affordable housing in the County; and WHEREAS, Objective 1 of the GMP's Housing Element states that the County will seek to provide new affordable housing units in order to meet the current and future housing needs of legal residents with very-low, low, moderate and gap incomes, including households with special needs; and WHEREAS, in order to address the housing needs of low, moderate, and gap income persons the County receives funding from State Housing Initiatives Partnership(SHIP)and U.S.Department of Housing&Urban Development(HUD) and implements County-initiated programs including Impact Fee Deferral and Affordable Housing Density Bonus programs; and WHEREAS, in furtherance of the spirit and intent of Resolution No 2006- 252, this Resolution establishes specific procedures for ensuring compliance with the liens and mortgages placed upon affordable housing properties and a procedure to collect on non-compliant homeowners; and WHEREAS, the SHIP Local Housing Assistance Plan (LHAP), HUD HOME, Impact Fee Deferral and other programs have default and recapture provisions for the properties they assist; and WHEREAS, there is no mechanism in place to collect on non-compliant liens and mortgages other than foreclosure; and WHEREAS, many of the noncompliance issues are due to death and divorce; and WHEREAS, some non-compliant homeowners have requested a repayment plan; and WHEREAS, the Board of County Commissioners wishes to establish a procedure to ensure the continued compliance of all existing and future affordable housing programs administered by the Collier County Community and Human Services Division, and establish a collection procedure. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, as follows: 1. This Resolution implements the intent of Resolution No.2006-252 for the Community and Human Services Division. 2. The foregoing Recitals are adopted as true and incorporated as part of this Resolution. 3. The Board of County Commissioners' affordable housing lien compliance policy, is adopted for immediate use, as follows: A. Purpose/Scope: The purpose is to establish procedures to provide for compliance of all State, Federal and locally funded affordable housing and collection of same. B. Applicability: These procedures apply to the compliance of all qualified affordable housing agreements and their default and recapture.Affordable homeowners did not contemplate divorce or death at the time of their mortgage or lien. Community and Human Services policy regarding divorce and death is as follows: (1) Divorce: In the case of divorce, when one party quit claim deeds their ownership interest in the home to the other spouse it will not be considered a transfer, and the original owner remaining in the home with a County mortgage or lien will be deemed in compliance until such time as he/she sells, refinances, converts housing to a rental property, no longer maintains homestead exemption, or fails to occupy the home as a primary residence or meets one of the other repayment triggering factors. (2) Death: In the case of death, if one spouse/owner is deceased and the surviving spouse/owner remains in the home, the County mortgage or lien will be deemed in compliance until such time as he/she sells, refinances, is no longer homesteaded, or triggers one of the other repayment requirements. If both owners are deceased then the mortgage or lien will be forgiven upon death of both parties. (3) All other compliance issues: The CHS Grants Compliance Unit (GCU) will have 12-months to counsel the owners to come into compliance with the requirements of the affordable housing agreements to include 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 requirements, the CHS Grants Compliance Unit 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. In accordance with Resolution No. 2006-252, 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 for their review and determination to exhaust all other legal remedies such as foreclosure. 4. This Resolution is intended to clarify and not supersede existing program requirements. If there is an express conflict between this Resolution and existing program requirements, program requirements will prevail. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this a..14h day of March, 2018. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT, . BROCK, CLERK COLLIER CO TY, FLORIDA Y. By: A//4" Attest as'to'Chtirhdty Clerk Andy Solis,Chairman signature only. Approved as to form and legality: Jennifer Belpediocb Assistant County Attorney 3�\ 0