(A) General Loan Funds. General Housing and Community Development Loan Funds are derived from Federal and State sources.
(B) Approval. That "Exhibit A" to Resolution No. 88-2001, the Community Development Block Grant Housing Rehabilitation Loan Program including the "Pilot" Eligibility Category to leverage City funds and which will be tested for one year to determine if it should become permanent, is adopted for use by the city.
(C) Housing Advisory and Appeals Committee. The same Housing Advisory and Appeals Committee ("HAAC") established in the Housing Code shall continue to have, in addition to the authority, functions, and procedures provided therein, the following duties and responsibilities as established by previous Resolutions:
(1) Advise and provide guidance to the staff of the Department of Family and Community Services in the areas of the Housing Rehabilitation Program and Planning Housing Code Enforcement.
(2) Make recommendations to the Mayor, Chief Administrative Officer and City Council in said areas.
(3) Consider waivers for the Community Development Housing Program as set forth in "Exhibit A" attached to Resolution No. 88-2001 and the Regulations promulgated pursuant to this section (the "Regulations") in the following respects:
(a) Waiver of the income limits may be granted in those circumstances after the execution of the note and mortgage where there is evidence that the mortgagor has been unable to make the full amount of the payments over a period of one hundred and twenty (120) days and there has been a substantial change in financial ability to make such payments from the time the loan was granted. Further, the modification to the loan agreement cannot jeopardize or impair the security given. Loan modification agreements that do not reduce the interest rate or extend the term of the loan beyond the maximum period provided for in "Exhibit A" and the Regulations are not required to be reviewed by the Committee.
(b) Increase of the maximum loan limit. This limitation may be increased provided that the additional funds are necessary to eliminate a serious health and/or safety hazard to occupants and/or neighborhood and the total amount loaned shall not exceed the amount allowed to be approved by HAAC pursuant to the Regulations.
(c) Increase of the 90% loan to value ratio underwriting standard, up to a maximum of 97% for low interest loans.
(4) Hear appeals of contractors who have been removed from the Active Contractor's List. Appellants shall provide and pay for the cost of all services required to transcribe the proceedings of such appeals for the benefit of the Committee, and to provide a record of the proceedings to the City.
(5) Hear disputes between the property owner and the contractor concerning the rehabilitation of the property that cannot be resolved by the Rehabilitation Section.
(6) Review all applications for loans to City employees in order to ascertain that they conform to the Rehabilitation Program Regulations.
(7) Review such other functions that may be assigned by the Mayor or Chief Administrative Officer or provided for by City Council action.
(8) Review reports and guidelines of non-governmental sub-recipient agencies and hear and determine appeals brought to the Committee by participants in such programs for which appropriations from Community Development funds are made by the City Council.
(9) The Housing Advisory and Appeals Committee may establish appropriate rules and regulations for carrying out the functions set out herein.
(D) (1) It is the intent of the City Council in appropriating funds to sub-recipient agencies that such funds shall be utilized to benefit low and moderate income persons as the same are defined by the U.S. Department of Housing and Urban Development and to upgrade existing housing stock in the program area in accordance with the Housing and Community Development Act of 1974, as amended, and that such intent shall be strictly construed.
(2) Except as provided herein, non-governmental sub-recipient agencies operating programs for which appropriations from Community Development funds are made by the City Council are not required to comply with the Rehabilitation Program requirements. However, such sub-recipient agencies shall:
(a) Develop loan policies and guidelines, which shall govern the operation of such programs and provide copies to the City's Housing Advisory and Appeals Committee for their review and approval.
(b) Certify to the City that their loan policies, guidelines and their program operations are in compliance with all applicable federal, state and local laws, regulations and ordinances.
(c) Certify that the amount of a loan to a program participant plus the total of all encumbrances against the property securing the loan shall not exceed the appraised market value of the property as determined by a qualified appraiser.
(d) Maintain a fidelity bond in the amount specified by the Mayor or his designee naming the City as a Loss Payee.
(e) Grant the City, U.S. Department of Housing and Urban Development, and the Comptroller General access to all of its records with respect to its program operations.
(3) The Mayor or his designee shall, by contract with such sub-recipient agency, establish procedures, policies and requirements as necessary to insure compliance with this section and with applicable laws, regulations and ordinances.
(4) The City's Housing Advisory and Appeals Committee shall be provided with all required reports submitted by sub-recipient agencies. The Committee shall hear appeals of program participants when such participants are unable to resolve complaints or disputes with the sub-recipient agency. Such sub-recipient agencies shall develop appeal procedures for appeals to the Committee and shall disseminate same to its program participants. The conduct of such appeals before the committee shall be in accordance with the Committee's standard procedures. The agency whose decision is appealed to the Committee shall furnish to the Committee all information contained in its records pertaining to the appellant. Such agency shall provide a representative to present its side of the appeal to the Committee and shall further have available any other persons necessary to present the facts of the case. The decision of the Committee in all such appeals shall be final.
(E) Modified bid process.
(1) The City Rehabilitation Loan Program shall establish a modified bid process for the selection of rehabilitation contractors by homeowners participating in the program. The bid process shall provide that contractors on the active contractors list will receive notice of all rehabilitation projects financed through the program and those who desire to carry out a project must submit a sealed bid on the project that conforms to the specifications prepared by program staff. Any responsive contractor whose bid is within 10% of the city's cost estimate will be eligible for selection by the homeowner. The contract for the project will be between the homeowner and the contractor that has been selected.
(2) This division shall be effective for all rehabilitation loans closed subsequent to enactment of Res. 2-2003.
(3) The Department of Family and Community Services shall promulgate regulations to effectuate the provisions division.
(Res. 53-1992, approved 5-12-92; Am. Res. 23-1994, approved 3-11-94; Am. Res. 29-2000, approved 3-21-00; Am. Res. 88-2001, approved 6-1-01; Am. Res. 2-2003, approved 1-16-03)
Editor's note: Program History: The city's Housing Rehabilitation Loan Program was initiated by the passage of Resolution 139-1975. The program was subsequently completely revised and updated by Resolution 74-1986, and again by Resolution 88-2001, which repealed the prior resolutions defining the Program.