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HomeMy WebLinkAboutResolutions - 2010.03.25 - 10186MISCELLANEOUS RESOLUTION #10056 March 25, 2010 BY: Planning and Building Committee. Jonn A. Scott, Chairperson IN RE: ECONOMIC DEVELOPMENT AND COMMUNITY AFFAIRS - COMMUNITY AND HOME IMPROVEMENT DIVISION —2010 HOME IMPROVEMENT PROGRAM GUIDELINE CHANGES To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS, the Community and Home Improvement Division has administered the Home Improvement Program since 1976 to improve approximately 200 single-family, owner-occupied homes per year for low and moderate income persons in tne 51 communities participating in the Oakland County Community Development Block Grant Program: and WHEREAS, in Miscellaneous Resolutions #81237, #82233. #90201, #94082, #96151, #99122, #00142 and #04083 the Oakland County Board of Commissioners approved guidelines and amendments for administering the Home Improvement Program, and WHEREAS, the current Home improvement Program guidelines provide for three percent interest installment loans and zero percent interest deferred loans - and WHEREAS, due to the current real estate market conditions the Home Improvement Division recommends the elimination of the three percent installment loans and that all current and future loans be zero percent interest deferred loans; and WHEREAS. previous guidelines were silent regarding how completed applications were processed; and WHEREAS, the Home Improvement Division recommends that completed applications be processed in the order in which received: and WHEREAS, the current guidelines require that property taxes must be current: and WHEREAS, the Home Improvement Division recommends that mortgages, if applicable, and property taxes must be current; and WHEREAS. applicants may secure only one loan through this program in any five-year period, and the current guidelines did not indicate the beginning point of the five-year period; and WHEREAS. the Home improvement Division recommends that the home improvement contract date establishes the beginning of the five-year period; and WHEREAS. the current Home Improvement Program guidelines indicate that the total property related indebtedness after improvement shall not exceed twice the State Equalized Value (SEV): and WHEREAS. the Home Improvement Division recommends that there must be enough equity in the property to cover the cost of the home improvemert loan, and that equity is determined by multiplying twice the State Equalized Value (SEV) and subtracting ex:sting property debt; and WHEREAS, the current guidelines do not indicate the minimum amount of a loan; and WHEREAS, the Home Improvement Division recommends that the home improvement program is a substantial repair program and that the minimum loan amount is $7,000; and WHEREAS, the current guidelines do not allow for exceptions for minimum equity and loan amount; and WHEREAS, the Home Improvement Division recommends that equity exceptions and minimum loan amounts may be granted by the approval of both the Oakland County Community & Home Improvement Division Manager and Chief of Operations or in their absence their designee based upon extenuating circumstances; and WHEREAS, the current "Ineligible Improvements" reads as follows: Examples of work that cannot be financed include, but are not limited to: special assessments, patios. fencing, additions, accessory buildings, condominiums and mobile home improvements; and WHEREAS, the Home Improvement Division recommends that the new guidelines for "Ineligible Improvements" reads as follows: Examples of work that cannot be financed include, but are not limited to: patios, landscaping, fencing. adeitions. new garages. accessory buileings and condominiums; and WHEREAS. the current guidelines for "Eligible Improvements" reads as follows: Examples of home improvement work that can be financed with a home improvement loan may induce, but are not limited to, the following: wells. septic systems, structural repairs, plumbing, electrical, heating, roofs, masonry. energy saving items, siding, windows, doors and barrier free access, and PLANNING & BUILDING COMMITTEE VOTE: Motion carried unanimously on a roll call vote WHEREAS. the Home Improvement Division recommends that the new "Eligible Improvements" reads as follows: Examples of home improvement work that can be financed with a home improvement loan may include, but are not limited to, the following: wells. septic systems, structural repairs, plumbing, electrical, heating, roofs, masonry, energy saving items, siding, windows, doors, special assessments related to sewer ana water improvements and barrier free access. Improvements can be made to an owner-occupied mobile home if the unit is on a permanent foundation and the property is owned by the applicant. WHEREAS, the current Home Improvement Program guidelines indicate that income requirements to be eligible for the program are as follows: The annual income is the gross amount of income of all adult (18 years of age or older) household members that is autieipated Le be received during the coming 12-month period as defined in HOME Regulation 24 CFR. Part 5 and the Technical Guide for Determining Income and Allowances for the Home Investment Partnerships Act Program (HOME) Income eligibility for the HOME Home Improvement Program is determined by using the current HUD Section 8 income limits as reflected in Table 1. This table is used to determine income eligibility based on household size and gross household income. Home Improvement Program income limits will be periodically updated in accordance with HUD revisions; and WHEREAS. the Home Improvement Division recommends that the income requirements be changed to the following: Annual income is calculated as gross income of all adult household members (18 years of age or older) that is- al iticipated to be receivea during the coming 12-month period, as defined in HOME Regulation 24 CFR, Part 5 and the Technical Guide for Determining Income and Allowances for the HOME Program. Income eligibility for the Home Improvement Program is determined by using the current U.S. Department of Housing and Urban Development (HUD) Section 8 income guidelines in Table 1. Home Improvement Program income limits will be periodically updated in accordance with HUD revisions. WHEREAS, under the current guidelines addressing loan terms and conditions, due and payable term "Mortgagor" is used to identify the person obtaining the home improvement loan; and WHEREAS, the Home Improvement Division recommends that the term "Mortgagor' be replaced by the words "home owner" or 'home owner(s) to clarify wnen the loan becomes due and payable; and WHEREAS, in the current guidelines under "Inspections and Specifications" state: Oaklana County Community and Home Improvement staff complete comprehensive home inspections, monitor the construction through completion, recommel id tt,jiuLii1oi pdpients and ensure that municipal, state and federal requirements are met; anc WHEREAS. the Home Improvement Division recommends that this be changed to 'Compliance Review. Specifications and Contractor Payments" Oaklana County Community & Home Improvement staff complete a condition and compliance review of each home in accordance with home improvement standards, Staff complete work specifications, monitor the construction through completion, recommend contractor payments and ensure that municipal, state and federal requirements are met; anc WHEREAS. under the current guiderines, a minimum of three (3) contractors, including one woman or minority-owned business enterprise (W/MBE), are invited to bid each contract on a rotating basis; and WHEREAS. the Home Improvement Division recommends that the numiner of contractors requested to bid on each project be increased to six (6). and WHEREAS. the Oakland County Community and Home Improvement Division Citizens Advisory Council voted eight ayes and three nays to recommend approval of the Home Improvement Guidelines changes as reflected in Attachment A. NOW THEREFORE BE IT RESOLVED tnat the Oakland County Board of Commissioners approve the Home Improvement Guideline changes in Attachment A that all current and future loans be zero percent interest deferred loans; completed applications are processed in the order in which received: mortgages, if applicable, and property taxes must be current; applicants may secure only one loan through this program in any five-year period and the home improvement contract date establishes the beginning of the five-year period; there must be enough equity in the property to cover the cost of the home improvement loan and that equity is determined oy multipiying twice the State Equalized Value (SEV) and subtracting existing property debt: tne home improvement program is a substantial repair program and that the minimum loan amount Is $7,000; equity exceptions aria minimum oan amounts may be granted by the approval of both the Oakland County Community & Home Improvement Division Manager and Chief of Operations or in their" absence their designee based upon extenuating circumstances, eligible improvements also include special assessments related to sewer and water improvements and mobile home improvements if the unit is affixed to a permanent foundation and the property is owned by the applicant; ineligible improvements also include landscaping and the construction of new garages; annual income is calculated as gross income of al adult household members (18 years of age or older) that is anticipated to be received during the coming 12-month period as defined in HOME Regulations 24 CFR, Part 5 and the Technical Gulue for determining income and Allowances for the HOME Program; Income Eligibility for tne Home Improvement Program is determined by using the current US. Department of Housing and Urban Development (HUD) Section 8 income guidelines in Table 1; Home Improvement Program income limits will be periodically updated in acccraance with HUD revisions; in the loan terms and conditions the term e "mortgagor" be replaced by the words "home owner" or "home owner(s) to clarify when the loan becomes due and payable: Oakland County Community & Home Improvement staff complete a coind bon and complionce review of each home in accordance with home improvement stardoms: staff complete work specifications, monitor the construction through completion, recommend contractor payments and ensure that municipal. state and federal requirements are met and the number of contractors requested to bid on each project be increased to Chairperson. on beha'f of the Planning & Building Committee. I move the adoption of the foregoing resolution. LANNING AND DING COMMITTEE Attachment A OAKLAND COUNTY COMMUNITY & HOME IMPROVEMENT DIVISION HOME IMPROVEMENT PROGRAM GUIDELINES AS OF MARCH XX, 2010 I. INTENT The intent of the Oakland County Home Improvement Program (OCHIP) is to improve single family owner occupied housing for low to moderate income persons and improve residential neighborhoods. This program is an equal opportunity program in accordance with federal regulations. Home Improvement Standards All work must be in compliance and conformance with the Michigan Residential Code, the Residential Construction Performance Guidelines published by the National Association of Home Builders, the Oakland County Community and Home Improvement Division Home Improvement Guidelines and any and all codes adopted by the governmental unit in which the property is located. The contractor shall obtain and pay for all permits and licenses and shall give all notices, pay all fees and comply with all laws, ordinances, rules and regulations in reference to the work. If the work of the contractor or the contractor's subcontractors shall be done contrary to such laws, ordinances, rules and regulations, without such notice, the contractor shall bear all costs arising therefrom. Form of Assistance to Homeowners Home Improvement Program funds pay for the cost of improvements for single family owner-occupied dwellings through either low or no interest loans. II. APPLICATION PROCEDURE A. Loan applications are available at offices of local jurisdictions participating in the Oakland County Community Development Block Grant program and at the Oakland County Community & Home Improvement Division, 250 Elizabeth Lake Road, Pontiac, Ml 48341-0414. Applications are also available on the Oakland County web site at: www oakgov corr./ chi/ . B. Applicants must submit a complete loan application with the required documentation to the Oakland County Community & Home Improvement Division. Applications may be submitted to local communities with home improvement services staff. C. Completed applications are processed in the order in which received. III. ELIGIBILITY REQUIREMENTS An Oakland County homeowner, who lives in his/her home and resides within the boundaries of a local jurisdiction that is participating with the County in the Community Development Block Grant (CDBG) program is eligible to apply for a home improvement loan subject to the following conditions: A. Eligible applicants are persons who own their home or are buying their home that is financed with a mortgage. B. The property to be improved must be the primary residence of the applicant. Properties purchased for resale or rental purposes are not eligible. C. Mortgages, if applicable, and property taxes must be current. D. An applicant may secure only one loan through this program in any five-year period. The home improvement contract date establishes the beginning of the five year period. IV. LOAN LIMITATIONS A. There must be enough equity in the property to cover the cost of the home improvement loan. Equity is determined by multiplying twice the State Equalized Value (SEV) and subtracting existing property debt. B. The home improvement loan program is a substantial repair program. The minimum loan amount is $7,000. C. Equity exceptions and minimum loan amounts may be granted by the approval of both the Oakland County Community & Home improvement Manager and Chief of Operations or in their absence their designees based upon extenuating circumstances. V. ELIGIBLE IMPROVEMENTS Examples of home improvement work that can be financed with a home improvement loan may include, but are not limited to, the following: wells, septic systems. structural repairs, plumbing, electrical, heating, roofs, masonry, energy saving items, siding, windows, doors, special assessments related to sewer and water improvements and barrier free access. Improvements can be made to an owner occupied mobile home if the unit is on a 2 permanent foundation and the property is owned by the applicant. VI. INELIGIBLE IMPROVEMENTS Examples of work that cannot be financed include, but are not limited to: patios, landscaping, fencing, additions, new garages, accessory buildings and condominiums. VII. INCOME REQUIREMENTS Annual income is calculated as gross income of all adult household members (18 years of age or older) that is anticipated to be received during the coming 12-month period, as defined in HOME Regulation 24 CFR, Part 5 and the Technical Guide for Determining Income and Allowances for the HOME Program. Income eligibility for the Home Improvement Program is determined by using the current U.S. Department of Housing and Urban Development (HUD) Section 8 income guidelines. Home improvement Program income limits will be periodically updated in accordance with HUD revisions. VIII. LOAN TERMS AND CONDITIONS The Home Improvement Program provides a no interest deferred loan. A. DEFERRED LOAN The principal sum of a Deferred Loan is to be repaid at a future time and shall become due and payable when the homeowner no longer lives on the premises. There are no payments or interest charged on the principal. DUE AND PAYABLE TERMS The Deferred Loan shall become due and payable under the following terms and conditions. 1. The home owner transfers any interest in the property, except as prohibited by law. 2. The home owner moves, rents, or leases the property. 3. Upon death of the home owner(s). 4. Failure of the home owner to maintain adequate fire and hazard insurance and flood plain insurance, where applicable, to cover the debt incurred by the loan and any pre-existing property debt. IX. COMPLIANCE REVIEW, SPECIFICATIONS AND CONTRACTOR PAYMENTS Oakland County Community & Home Improvement staff complete a condition and compliance review of each home in accordance with I -.ome improvemert standards. 3 Staff complete work specifications, monitor the construction through completion, recommend contractor payments and ensure that municipal, state and federal requirements are met. X. BIDS A. Contractors qualified for the OCHIP Contractor List are permitted to bid projects through a formal bidding process. A minimum of six (6) contractors, including one woman or minority owned business enterprise (W/MBE), are invited to bid each contract on a rotating basis. B. Bids are awarded to the lowest responsible bidder. A homeowner may select a contractor whose bid is higher providing the homeowner pays the difference between the lowest bid and selected bid. Xl. CONTRACTS A. Home Improvement contracts are between the homeowner and the contractor and must be signed by both parties prior to work being initiated. B. Contracts should not exceed the maximum loan amount of $18,000. Exceptions may be granted based on extenuating circumstances determined by Oakland County Home Improvement Program staff, A $2,000 contingency amount is available for unforeseen problems and must be authorized in writing by the homeowner and Oakland County Home Improvement Program staff. XII. MORTGAGE AND NOTE A. Home improvement loans are secured by a mortgage. A mortgage is a lien placed on the property to guarantee repayment of the loan. B. The mortgage is recorded with the Oakland County Clerk/Register of Deeds. C. The note explains the repayment terms and conditions of the loan. 4 I rerson 8 Person $75,000 TABLE 1 MAXIMUM LOAN AMOUNT: $18,000 March 2009 GROSS HOUSEHOLD INCOME LIMITS Federal Regulations require us to anticipate income, using the household's current circumstances to project future income. WE ARE TO ASSUME THAT TODAY'S CIRCUMSTANCES WILL CONTINUE FOR THE NEXT 12 MONTHS. Current gross income is not last year's income. Gross income includes the earnings of all adult household members plus the benefits of all household members. Benefits include child support, Social Security benefits, alimony, etc. 1 HOUSEHOLD SIZE Person MAXIMUM INCOME 39.750 2 Person $45,450 3 Person $51,100 i 4 Person $56,800 r 5 Person $61.350 6 Person $65,900 ...a. Program guidelines are subject to periodic changes without notice. 5 Resolution #10056 March 25, 2010 Moved by Scnwartz supported by Potter the resolutions (with fiscal notes attached) on the amended Consent Agenda be adopted with accompanying reports being accepted.) AYES: Burns, Capello, Coleman, Coulter, Douglas, Gershenson, Gingell, Gosselin, Greimel, Hatchett, Jackson, Jacobsen, Long, McGillivray, Middleton, Nash, Potter, Potts, Runestad, Schwartz, Scott, Taub, Zack, Bullard. (24) NAYS: None. (C) A sufficient majority having voted in favor, the resolLtions (with fiscal notes attached) on the amended Consent Agenda were aoopted (with accompanying reports being accepted) 11 HEREBY APPROVE TrIE FOREGOING RESOLUTON ACTM PURSUANT TO 1973 PA 139 STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on March 25, 2010, with the original record thereof now remaining in my office. In Testimony Whereof, have hereunto set my hand ana affixed the seal of the County of Oakland at Pontiac, Michigan this 25th day of March, 2010. eat Ruth Johnson, County Clerk