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1 California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization Program— Stakeholder Meeting November 3, 2008

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Page 1: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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California Department of Housing and Community DevelopmentDeputy Director Chris Westlake - Division of Financial Assistance

Neighborhood Stabilization Program—Stakeholder Meeting

November 3, 2008

Page 2: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Agenda

Overview of the NSP Determining the State’s Greatest Need Survey of Jurisdictional Readiness and Capacity An Overview of the State’s Implementation Plan The Recommended Steps for Potential

Applicants Responses to Questions Open Forum

Page 3: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Neighborhood Stabilization Program—

Overview

Page 4: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Allocations

HERA Provides $3.92 Billion to assist States and localities in redevelopment efforts

Considered a Special Allocation of 2008 CDBG Funds

Amounts determined by formula established by HUD using criteria specified by HERA

Page 5: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Criteria for Local Distribution

NSP grantees must target funds to give priority emphasis and consideration to areas with greatest need, including those: With the greatest percentage of home foreclosures; With the highest percentage of homes financed by a

subprime mortgage related loan; and Identified as likely to face a significant rise in the rate

of home foreclosures.

Page 6: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Period to Use Funds

NSP grantees must use funds to purchase and redevelop abandoned and foreclosed homes and residential properties no later than 18 months after execution of the grant agreement

Use=obligate for a specific project

Page 7: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Information for States

HERA established minimum 0.5% grant allocation for each state

Effective state minimum allocation is $19,600,000

Page 8: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Information for States Role of States

Fund nonentitlement local governmentsFund CDBG or NSP entitlement granteesFund private or public nonprofits, Tribes,

quasi-governmental entitiesDirectly carry out activitiesUse contractors or developers

But must distribute funds to areas of greatest need, including jurisdictions receiving NSP

Page 9: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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National Objective Issues

HERA preempts regular CDBG national objectives

Directs that all funds be used to benefit individuals at or below 120% of area median income

Slum/blight and urgent need national objectives not applicable to NSP

Page 10: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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National Objective Issues

CDBG 70% overall low-mod income benefit test not encompass NSP funds

Additional HERA requirement - Not less than 25% of funds available to each grantee must be used for housing activities that benefit individuals whose incomes do not exceed 50% of area median income

Page 11: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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1. Establish financing mechanisms for purchase & redevelopment of foreclosed upon homes & residential properties…

•As an activity delivery cost for an eligible activity (designing & setting it up)

•Financing of an NSP eligible activity, to carry out that activity, is eligible as part of that activity

Page 12: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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2. Purchase and rehabilitate homes and residential properties that have been abandoned or foreclosed upon, in order to sell, rent, or redevelop such homes and properties

•Acquisition •Disposition•Relocation•Direct homeownership assistance•Eligible rehabilitation and preservation activities for homes and other residential properties•Housing counseling for those seeking to take part in the activity

Page 13: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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3. Establish land banks for homes that have been foreclosed upon

•Acquisition

•Disposition (includes maintenance)

Page 14: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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4. Demolish blighted structures

Clearance, for blighted structures only

Page 15: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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5. Redevelop demolished or vacant properties

•Acquisition•Disposition•Public facilities and improvements•Housing Counseling Public Services (limited to prospective purchasers or tenants of redeveloped properties) •Relocation

Page 16: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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5. Redevelop demolished or vacant properties (continued)

•New housing construction •Direct homeownership assistance

•570.204 activities by Community Based Development Organizations

Page 17: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Eligible Uses Summary All grant funds must be used for an eligible activity

according to HERA Each activity must also be CDBG eligible and meet a

LM national objective HUD must grant written approval for any CDBG

activities not listed for that eligible use CDBG regulatory definitions of eligible activities apply

to NSP except where specifically modified New housing construction is eligible as redevelopment

Page 18: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Ineligible Activities

Ineligible Activities:Generally, if an activity is ineligible under

CDBG, it is ineligible under NSPNot eligible under HERA:

Foreclosure prevention Demolition of non-blighted structures Purchase of properties not abandoned or

foreclosed upon

Page 19: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Rehabilitation Standards Any purchase of a foreclosed upon home

or residential property under this section should be at a discount from the current market appraised value of the home or property.Current condition must be taken into account

Page 20: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Sale of Homes

The sale of an abandoned or foreclosed upon home or residential property to an individual as a primary residence must be in an amount equal to or less than the cost to acquire and redevelop or rehabilitate such home or property up to a decent, safe, and habitable condition.

Page 21: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Determining the State’s Greatest Need

Page 22: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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AlpineAmador

Butte

Calaveras

Colusa

Del Norte

El Dorado

Glenn

Humboldt

Imperial

Inyo

Kings

Lake

Lassen

Madera

Marin

Mariposa

Mendocino

Merced

Modoc

Mono

Monterey

Napa

NevadaPlacer

Plumas

San Benito

San Francisco

San Luis Obispo

San Mateo

Santa Barbara

Santa Cruz

Shasta

Sierra

Siskiyou

Sonoma

Sutter

Tehama

Trinity

Tuolumne

Ventura

Yolo

Yuba

Tulare

Solano

Santa Clara

Alameda

Orange

Contra Costa

San Diego

Stanislaus

Fresno

Kern

San Joaquin

Sacramento

San Bernardino

Riverside

Los Angeles

$2,126,927 to $10,000,000

$10,000,001 to $20,000,000

$20,000,001 to $30,000,000

$30,000,001 to $40,000,000

$40,000,001 to $50,000,000

$50,000,001 to $60,000,000

$60,000,001 to $70,000,000

$70,000,001 to $80,000,000

State administered funds*

HUD’s NSP Allocations by County

*All jurisdictions statewide are eligible to apply for NSP funds with the State      

Page 23: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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HUD’s Allocations by Region

Region Foreclosures (Number)

Foreclosures As

Percentage of State Total

(%)

HUD Allocation

As Percentage of State Total

($529 million)

Central CA 78,955 18.73% 14.34%

Southern CA 243,709 57.83% 45.12%

Northern CA 43,540 10.33% 6.46%

Bay Area 55,157 13.09% 6.05%

Source: HUD Methodology

Page 24: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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State Allocation

Priorities: Highest percentage of foreclosures Highest percentage of subprime loans Significant rise in foreclosure rate

Abandonment Risk:• = vacancy rate/ foreclosure rate • Available by Census Tract at

http://www.huduser.org/publications/commdevl/nsp/nsp_a-f.html

Page 25: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Survey of Jurisdictional Readiness and Capacity

Page 26: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Entities Surveyed Cities 35 Counties 12 Nonprofit organizations 4

51Focus Capacity Need Eligible Activities Others

Survey Overview

Page 27: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Experienced In-House Staff and/or Expertise? 12% Yes 88% No

Example: Monterey County • Established an inter-jurisdictional agreement between

the County and South County cities to address foreclosure crisis;

• Adopted ordinance requiring notification of foreclosures within each jurisdiction.

Results - Capacity

Page 28: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Maintain an Inventory of REOs? 5% Yes 95% No

Most used:■ Real Quest■ Realty Track ■ Title company■ Treasurer■ Tax Collector■ multiple listing service■ Notice of Default (NOD)

Example: West Sacramento Realty Track data cross-referenced by Code Enforcement surveying

condition of housing, NODs, title companies.

Results - Needs

Page 29: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Mechanisms in place? 79% None 14% Soft-Seconds 6% Shared Equity 1% Loan-Loss Reserves

Habitat for Humanity – Shared Equity depending on length of term

> 45 years, 0%

< 45 years, up to 3%

Eligible Activity – Financing Mechanisms

Page 30: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Acquisition/Rehab Programs in place? 9% Yes 91% No

Example: Self-HelpDesigned acquisition/rehab program guidelines for HOME Program

Eligible Activity – Acquisition/Rehabilitation

Page 31: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Land Banks? Land Trusts?

2% Yes 4% Yes 4% Pending 4% Pending 94% No 92% No

LISC –land banking:

http://www.lisc.org/content/publications/detail/793/

Oakland -Urban Strategies –land trust:

http://www.urbanstrategies.org/foreclosure/Community_Land_Trust/

Eligible Activity – Land Banking

Page 32: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Have experience and/or plans to demolish and redevelop?

15% Yes 85% No

Eligible Activity – Demolish and Redevelop

Page 33: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Working with lenders to identify foreclosed properties? 2% Yes 98% No

Established outreach program for potential buyers? 18% Yes 82% No

Example: Dinuba Outreach through local newspapers, water bill, posters and

flyers posted in government and public buildings throughout the City

Eligible Activity – Others

Page 34: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Eligible Activity – Others

Targeting lower income families for homeownership?

8% Successful

Example: Clearlake

Signed MOU with Habitat for Humanity to provide assistance in targeting lower-income families for homeownership

Page 35: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Want to share your best practice?

Please contact the State’s NSP staff at:

(916) 552-9398

[email protected]

Page 36: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

The State’s Implementation Plan—

Overview

Page 37: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Implementation Timeline (Tentative)

11/15/08 Post Substantial Amendment 11/21/08 Public Hearing on Amendment 12/01/08 Submit Amendment 1/09 Disseminate Application 2/09 Application Deadline 3/09 Award Grants 5/09 Execute Contracts

Page 38: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Allocation Methodology—Status Report

Consulting with multiple sourcesHUDOther statesJurisdictions

Analyzing multiple data sets Assessing results of various factors

Rankings by numbers and percentages

Page 39: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Funding Factors

Greatest Need. State to determine the areas of greatest need based on HUD data.

Capacity. Applicants considered for NSP funding must demonstrate previous and current capacity to carry out the proposed NSP activities.

Eligibility. The proposed activity(ies) must be eligible per the Housing the Economic Recovery Act of 2008.

Page 40: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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LMMI Benefit. The proposed activity(ies) must clearly demonstrate compliance with the national objective of low-, moderate-, middle-income (LMMI) benefit.

Note: For NSP, LMMI benefit includes households whose incomes are 120% or less of area median income.

Readiness. All applicants must clearly demonstrate readiness to begin implementing the proposed activity(ies).

Funding Factors

Page 41: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Other Considerations

Property Rehabilitation. If the proposed activity(ies) involve rehabilitation of property while the city/county holds title, State and federal prevailing wages may be applicable.

25% Targeted Funding. Not less than 25% of the State’s total NSP Allocation must be used to house individuals or families whose incomes do not exceed 50% of area median income.

Page 42: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Recommended Steps for Potential Applicants

Page 43: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

Pre-Award CostsGrantees may incur pre-award costs necessary to develop an application, conduct environmental reviews, and adhere to citizen participation procedures prior to the State’s award.

Note: Reimbursements can only be made after final contract execution.

Page 44: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

Joint Applications Contiguous cities/counties may submit joint

requests resulting in a single combined NSP Application to the State.

The NSP Application must be submitted by the identified lead agency.

The lead agency and participating cities/counties must enter into a Memorandum of Understanding or a Joint Powers Agreement prior to application submittal.

Page 45: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

Citizen Participation Potential applicants should initiate the citizen

participation requirements by noticing and conducting the “Program Design Phase” public hearing.

Joint applicants must include citizen participation in all participating cities/counties.

Public hearing notices must be available in the appropriate languages for persons with limited English proficiency.

Page 46: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

Citizen Participation (continued) Prior to NSP Application submittal, applicants

must notice and conduct the “Application Submittal” public hearing before the governing board.

Public notice must include all activities included in the application, dollar amount requested, and the anticipated low-, moderate-, and middle-income benefit.

Public notice in the appropriate languages for persons with limited English proficiency.

Page 47: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

National Environmental Policy Act (NEPA) &CA Environmental Quality Act (CEQA) Applicants are highly encouraged to begin compliance

with State and federal environmental requirements.

The State will only monitor for compliance with NEPA.

NEPA documentation/compliance must be cleared by the State, in writing, prior to commencing any program/project.

Page 48: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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Recommended Steps

NEPA Compliance Begin the process now.

For guidance, refer to CDBG Grant Management Manual, Chapter 3, at www.hcd.ca.gov/fa/cdbg/manual/

If required, conduct any environmental public noticing (e.g., Finding of No Significant Impact/Notice of Intent to Request Release of Funds (FONSI/NOI RROF))

Page 49: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Questions and Answers

Page 50: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

Open Forum

Page 51: California Department of Housing and Community Development Deputy Director Chris Westlake - Division of Financial Assistance Neighborhood Stabilization

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For More Information

Department of Housing and

Community Development

www.hcd.ca.gov

[email protected]

(916) 552-9398