Sonoma County Community Development Commission … County Community Development Commission Sonoma County Housing Authority 1440 Guerneville Road, Santa Rosa, CA 95403-4107 . Dear Applicant:

Sonoma County Community Development Commission

Sonoma County Housing Authority 1440 Guerneville Road, Santa Rosa, CA 95403-4107

Dear Applicant:

Thank you for your interest in the Housing Rehabilitation Loan Program sponsored by the Sonoma County Community Development Commission (“Commission”). An application is enclosed.

The Commission offers low-interest loans for the rehabilitation of existing residential properties. Loans of up to $50,000 are available to eligible owner-occupied households and to investor owners. The current interest rate is 3%. The loan term is up to 30 years. There are no monthly payments for deferred loans.

Regarding the application: 1. Please complete ALL pages of the application and sign and date all pages

where indicated. 2. Section IV on page 4 lists the necessary documents to verify the information in

your application. Only you can provide this information. Your application cannot be processed without these documents.

3. Be sure to sign the bottom of Section VII on page 4, “Certification.” 4. Complete the “Smoke Detector Certification,” “The Housing Financial

Discrimination Act of 1977,” and “Protect Your Family from Lead in Your Home” receipt and return along with your application.

5. Mobile home owners only: If you do not have a Certificate of Title and/or Registration Card, please indicate this on a separate piece of paper.

If you have any questions, or need further information, please contact me at (707) 565-7522.

Regards,

Nina Bellucci, Senior Community Development Specialist Sonoma County Community Development Commission

Enclosures

S:\Rehab\Applications\HRLP Application Package\Cover letter.docx

Telephone (707) 565-7500 FAX (707) 565-7583 ● TDD (707) 565-7555

SONOMA COUNTY COMMUNITY DEVELOPMENT COMMISSION

1440 Guerneville Road Santa Rosa, CA 95403 (707) 565-7500

REHABILITATION LOAN PROGRAM

Date:

Name:

Address: City: Zip:

Assessor’s Parcel Number (APN) APN is found on your property tax bill. It is a 12 digit number.

Home Phone: Work Phone:

Email: Mobile Home Park: Do you own and currently occupy the above address? Yes_____ No_____

Do you have homeowners insurance? Yes_____ No_____

Do you have a permanent disability? Yes No _____ _____

Does anyone in the household have a known sensitivity to construction related airborne contaminants such as dust, mold, or commonly used construction chemicals and cleaners? Yes_____ No_____

Please check one of the race categories that best describes your household (Optional) American Indian or Alaska Native Asian

Black or African American Native Hawaiian or other Pacific Islander White American Indian or Alaska Native and White Asian and White Black or African American and White

American Indian or Alaska Native and Black or African American Other Is the household ethnicity Hispanic? Yes___ No___

I. HOUSEHOLD SIZE: Please complete the following for all persons residing in your home. Name Age Relationship Social Security Number

Head Number of Persons in Household:

1S:\Rehab\Applications\HRLP Application Package\Application (updated 10-29-07).docx

Name of Earner

TOTAL MONTHLY INCOME

Amount Name of income source

NAME OF INSTITUTION ADDRESS OF INSTITUTION (including zip code) ACCOUNT #

Savings & Checking

Stocks and Bonds

IRA’s/Annuities

Notes/Other Assets

REAL ESTATE (other than current residence) Assessed

Location Value Income $ $ $ $


II. GROSS MONTHLY HOUSEHOLD INCOME: Please list all income earners and the sources of income for all persons residing in your home.

************************************************************************************************************************ III. ASSETS Please list all of the accounts you currently maintain or have an interest in. For the assets listed below, provide the name of the bank, company or institution in which the assets are held, the complete address and the account number. (Use additional sheets, if necessary.) Assets are cash on hand, checking and savings accounts, stocks, bonds, notes, cash value of

insurance, real estate, valuable collections, or trust funds. Assets are not current residence, household furniture, two automobiles (if two adults are listed in

household), jewelry, etc.

Mortgagor/Legal Owner: Name: ___________________________ Balance: _____________________ Address: _________________________ Per Month: ____________________ ________________________________

2nd Mortgagor/Junior Lienholder: Name: __________________________ Balance:______________________ Address: ________________________ Per Month:____________________ _______________________________

Property Taxes: Annual Total: __________________ Per Month: ____________________

Property Insurance: Annual Total: __________________ Per Month: ____________________

Flood Insurance: Annual Total: __________________ Per Month: ____________________

Mobile Home Space Rent: Annual Total: __________________ Per Month: ____________________

Mobile Home Registration Fees: Annual Total: __________________ Per Month: ____________________

Correct Cited Code Violations

Porch & Steps

Other (Please describe.)

Energy Conservation Electrical Plumbing/Water Heater ng KHeati

itchen Bathroom Wall/Ceiling Repairs Floors/Floor Covering Interior Painting

Septic System Connect to Sewer or Water Fencing Driveway/Sidewalks ainage Grading/Dr Foundation Termites/Pest Control/Dryrot Siding/Paint Windows/Entry Doors Roofing

My house has Bedrooms and Bathrooms


IV. SUPPLEMENTAL INFORMATION - Monthly Expenses: Please provide information about your monthly expenses.

V. ABOUT YOUR HOUSE: What kind of rehabilitation does your house need? Please check the appropriate boxes.


VI. REQUIRED DOCUMENTATION

Please provide as applicable to your household:

INCOME a. If you work, a copy of most current pay stub that shows year-to-date (YTD) gross income. b. If you are retired or disabled, a copy of your benefit notification letter from each benefit source,

such as Social Security, SSI, State Disability, pension plan or annuity. c. If you are self employed, a signed and dated year-to-date income and expenses statement

including net income from business, and last two years income tax returns. d. If you receive alimony or child support, a copy of court documents verifying the income. e. If you receive rent, a written note, signed and dated by the tenant, indicating the monthly amount

of rent paid to you.

ASSETS a. A copy of bank statements (bank, credit union, etc) covering the last two months for each account. b. A copy of the account statement for each IRA you hold. c. A copy of any promissory notes you hold. d. A copy of stock certificates or bonds you hold or your most recent quarterly broker's statement. e. A copy of the property tax bill for any investment real estate in which you own an interest.

HOUSING EXPENSES a. A copy of your most recent monthly mortgage statement. b. A copy of the declarations page of your homeowner's insurance policy showing type and amount

of coverage, the annual premium and expiration date. c. A copy of the declarations page of your FLOOD insurance policy (if any) showing amount of

coverage, the annual premium and expiration date. d. A copy of the property tax bill for your home. e. If your home is a mobile home in a mobile home park, a copy of your most recent space rent bill.

HOME OWNERSHIP a. A copy of the Grant Deed for your home showing ownership interests and the property legal

description. b. For mobile home owners, a copies of your HCD Certificate of Title and current Registration Card. c. If title to your home or mobile home is held in a trust, a copy of the trust agreement.

*************************************************************************************************************************

VII. CERTIFICATION: I/we hereby certify that all the information that we submit is true and accurate to the best of my/our knowledge. I/we understand that failure to disclose all financial information or the submission of incorrect information may result in denial of financial assistance.

Applicant Date Co-Applicant Date



An Agency of the County of Sonoma

REQUEST FOR CONSUMER CREDIT INFORMATION

In connection with a credit transaction initiated by the undersigned consumer or consumers involving the extension of credit, and in accordance with Civil Code section 1785.11 and 1785.12, the undersigned hereby instructs you to provide the following information to the Sonoma County Community Development Commission. A PHOTOSTATIC copy of my signature may be used to obtain any or all of the information stated below:

All information regarding the matters indicated below:

1. Mortgages; 2. Any previous or present credit, whether on a closed or open status; 3. A full credit report on my/our previous and present credit history. 4. Space rent.

This authorization shall remain in effect until _________________________.

Print Name: ___________________________________________________

Social Security #: ______________________________________________

Signature: ___________________________________________ Date: ____________________

Print Name: ___________________________________________________

Social Security #: ______________________________________________

Signature: ___________________________________________ Date: ____________________

______________________________________________ ______________________________

______________________________________________ ______________________________

THE HOUSING FINANCIAL DISCRIMINATION ACT OF 1977 FAIR LENDING NOTICE

IT IS ILLEGAL TO DISCRIMINATE IN THE PROVISION OF OR IN THE AVAILABILITY OF FINANCIAL ASSISTANCE BECAUSE OF THE CONSIDERATION OF:

1. TRENDS, CHARACTERISTICS OR CONDITIONS IN THE NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION, UNLESS THE FINANCIAL INSTITUTION CAN DEMONSTRATE IN THE PARTICULAR CASE THAT SUCH CONSIDERATION IS REQUIRED TO AVOID AN UNSAFE AND UNSOUND BUSINESS PRACTICE; OR

2. RACE, COLOR, RELIGION, SEX, MARITAL STATUS, NATIONAL ORIGIN OR ANCESTRY.

IT IS ILLEGAL TO CONSIDER THE RACIAL, ETHNIC, RELIGIOUS OR NATIONAL ORIGIN COMPOSITION OF A NEIGHBORHOOD OR GEOGRAPHIC AREA SURROUNDING A HOUSING ACCOMMODATION OR WHETHER OR NOT SUCH COMPOSITION IS UNDERGOING CHANGE, OR IS EXPECTED TO UNDERGO CHANGE, IN APPRAISING A HOUSING ACCOMMODATION OR IN DETERMINING WHETHER OR NOT, OR UNDER WHAT TERMS AND CONDITIONS, TO PROVIDE FINANCIAL ASSISTANCE.

THESE PROVISIONS GOVERN FINANCIAL ASSISTANCE FOR THE PURPOSE OF THE PURCHASE, CONSTRUCTION, REHABILITATION OR REFINANCING OF ONE- TO FOUR-UNIT FAMILY RESIDENCES OCCUPIED BY THE OWNER AND FOR THE PURPOSE OF THE HOME IMPROVEMENT OF ANY ONE- TO FOUR-UNIT FAMILY RESIDENCE.

IF YOU HAVE QUESTIONS ABOUT YOUR RIGHTS, OR IF YOU WISH TO FILE A COMPLAINT, CONTACT THE MANAGEMENT OF THIS FINANCIAL INSTITUTION OR:

Secretary of Business, Transportation and Housing 980 9th Street, 24th Floor

Sacramento, CA 95814

ACKNOWLEDGMENT OF RECEIPT: I (WE) RECEIVED A COPY OF THIS NOTICE.

Signature of Applicant Date

Signature of Applicant Date

VOLUNTARY INFORMATION FOR GOVERNMENT MONITORING PURPOSES If this loan is for the purchase, construction, rehabilitation or refinancing of a housing accommodation, the following information is requested by the State of California and the Federal government to monitor this financial institution’s compliance with the Housing Financial Discrimination Act, Equal Credit Opportunity Law, and Fair Housing Law. The law provides that a financial institution may neither discriminate on the basis of this information nor on whether or not it is furnished. Furnishing this information is optional. If you do not wish to furnish this information, please initial below.* Borrower: I do not wish to furnish this information (Initials)__________ Co-Borrower: I do not wish to furnish this information (Initials)__________

Race / National American Indian, Alaskan Native Race / National American Indian, Alaskan Native Origin Asian, Pacific Islander Origin Asian, Pacific Islander

Black Hispanic White Black Hispanic White Marital Status Married Unmarried Separated Marital Status Married Unmarried Separated Sex Female Male Sex Female Male

*If you choose not to provide the information, Federal law requires us to note to the extent possible, the race or national origin and sex of the applicant(s) on the basis of visual observation or surname.

S:\Rehab\Applications\HRLP Application Package\Fair Lending Notice.docx

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After carefully reading the notice entitled, “Protect Your Family from Lead in Your Home,” please sign this receipt and return it with your application.

RECEIPT

I have received a copy of the notice entitled “Protect Your Family from Lead in Your Home.”

Print Full Name:

Signature:

Address:

Date:

Housing Rehabilitation Program Design July 2016

1 | P a g e


HOUSING REHABILITATION LOAN PROGRAM DESIGN

OWNER-OCCUPIED AND RENTAL PROPERTIES (1-4 UNITS)

I. INTRODUCTION

A. Purpose & Objectives:

1. The purpose of the Housing Rehabilitation Loan Program (the “Program”) is to maintain residential properties within Sonoma County (County) which are predominantly occupied by low-income households.

2. The primary objective of the Program is to provide decent, safe and

sanitary housing for low-income residents of Sonoma County through the correction of actual or potential health and safety problems in existing structures.

3. The secondary objectives of the Program are to:

a. preserve Sonoma County’s affordable housing stock;

b. mitigate hazards and correct potential health and safety problems in designated areas of special need; and

c. assist in the process of neighborhood revitalization. B. Authority:

1. The five members of the Sonoma County Board of Supervisors, acting in their capacity as Commissioners, form the governing body for the Community Development Commission (Commission). This Program Design, containing the policies which form the framework for the Housing Rehabilitation Program, has been adopted by the Commissioners. No revisions may be made hereto without the express action of the Commissioners.

2. The Executive Director of the Commission is hereby granted the authority

to make exceptions to the policies contained in this Program Design to the extent necessary to provide assistance required to correct health and safety hazards that are deemed an imminent threat to the occupants’ physical well-being.


2 | P a g e

C. Program Funding:

1. Funding for this program will be from a variety of sources, including Federal Community Development Block Grant (CDBG), County Reinvestment and Revitalization Fund, Commission Low- and Moderate-Income Housing Asset Fund (LMIHAF), and other funds as designated from time to time by the Sonoma County Board of Supervisors/Sonoma County Community Development Commission.

2. The applicable regulations, priorities, and policies of each available funding source shall govern use of such funds and, in any instances of conflict with the provisions of this Program Design, the funding source regulations, priorities, and policies shall prevail.

II. ELIGIBILITY The Commission shall not discriminate in the provision of financial assistance because

of race, color, ancestry, national origin, religion, sex, marital or familial status, age, medical condition, handicap, disability, sexual orientation, domestic partnership or other prohibited basis.

A. Conflict of Interest: No member of the governing body of the County of Sonoma,

participating city, or the Community Development Commission and no other official or employee or agent of the County government, participating city, or Commission who exercises any policy decision making functions or responsibilities in connection with the planning and implementation of the Housing Rehabilitation Loan Program shall directly or indirectly be eligible for assistance under the Program.

B. Ownership & Residency: The applicant must be the legal owner of the real

property, or the registered owner of the mobile home, to be rehabilitated. 1. For owner-occupied properties, the property must be occupied by the

owner as his or her principal residence. 2. It is not required that non-occupants on title to a real property, or listed as

registered owners on a mobile home title, be named as a maker on the loan, but they must sign the related Deed of Trust or Security Agreement.

3. Applicants who occupy and control a residential property through a

revocable or irrevocable trust, a life-estate, or other similar arrangement shall be eligible for a loan if the applicant has the legal right to encumber the property. If the trust, life estate or other arrangement requires the trustee or other non-occupant on title to approve any encumbrance on the property, the trustee or other non-occupant on title will be required to co-sign the Deed of Trust or Security Agreement to secure the loan.


3 | P a g e

C. Eligible Properties: Subject to funding availability, loans may be made for

improvements to mobile homes, single-family residences, and multifamily residential properties located within the unincorporated areas of the County of Sonoma or within the boundaries of the participating cities and town. 1. Mobile homes must be legally sited. For mobile homes situated in mobile

home parks, the applicant must have a valid space lease and be current on space lease payments.

2. Properties which have benefited previously through a Commission grant

or loan program may be eligible for the program upon the review and approval of the Commission Director or his/her designee and if all prior loans are fully repaid.

3. Multifamily properties may contain up to four units in one or more buildings

sited on one or more contiguous parcels under common ownership. (Note: Assistance for multifamily properties with more than four units, as defined above, is governed by the Sonoma County Community Development Commission Loan Policies.)

4. Secondary residences (e.g. summer homes, guest cottages not used as

rentals) are not eligible for the program. 5. Condominiums and co-operative units are not eligible. Townhouses and

co-housing may be eligible if permitted by regulations and policies of available funding sources.

D. Displacement: Rental property owners shall provide certification of the following:

1. The proposed rehabilitation work will not cause permanent displacement

of any of the tenants currently residing at the project.

2. No tenant has been, nor will be, forced to move from the project permanently so that the project may qualify for the Housing Rehabilitation Program.

E. Income and Asset Limits: All occupant households must demonstrate income

and asset eligibility.

1. Eligible properties shall be occupied by low-income households with incomes not to exceed 80% of area median income (AMI) adjusted for family size.

2. At least 51% of the units in a multifamily complex and one unit in a duplex must be occupied by income-eligible tenants.

3. AMI is determined by the U.S. Department of Housing and Urban

Development (HUD) or the California Department of Housing and


4 | P a g e

Community Development (HCD), depending upon the funding source for the rehabilitation loan.

4. Household income is computed as defined in Section VIII. 5. There shall be a cap on the level of assets allowed for program eligibility for

owner-occupied properties.

a. Household assets cannot exceed 150% of the HUD AMI for a household of four persons* except as provided for below, regardless of funding source for loan.

b. Elderly and/or permanently disabled households may have assets not exceeding 300% of the HUD AMI for a household of four persons*, regardless of funding source for loan.

*As of May, 2015, the HUD AMI for a household of four is $75,900.

6. Notwithstanding the foregoing provisions of this Section II, properties in

areas designated in Appendix A as areas of special need for purposes of mitigating hazards or correcting potential health and safety problems are not subject to income or asset requirements to be eligible for assistance.

III. LOAN TERMS AND CONDITIONS The Commission will offer amortized and deferred-payment loans with below-market interest rates. Each of these is described in greater detail below. All property owners must provide financial documentation sufficient for Commission staff to make loan approval decisions in compliance with the following loan terms and conditions. A. All loans under this policy are non-recourse loans.

B. Amortized Loans: All loans to rental property owners shall be fully amortized loans. Loans to owner-occupants who are able to afford the regular monthly payments on the loan shall also be fully amortized. An owner-occupant household will be considered able to afford monthly payments on an amortized loan if their total monthly housing costs are less than 30% of their gross monthly income. Monthly housing costs shall be defined as the sum of all mortgage payments including the rehabilitation loan payments, property taxes, homeowner's insurance, homeowner’s association dues, and utility costs. Housing costs for mobile home owners shall also include the monthly park space rent. Utility costs shall include gas, electricity, other heating fuel, water, sewer, garbage, and shall be calculated using allowances established by the Sonoma County Housing Authority.

1. Term: All amortized loans will be for a 20-year term. Except as allowed

under Section VII B, amortized loans shall be due and payable in full prior


5 | P a g e

to 20 years should one or more of the following occur: 1) the borrower dies; 2) the property or any interest therein is sold, conveyed or transferred; 3) the borrower no longer occupies the property as his or her principal residence for reasons other than medical treatment, disability, education, family matters or similar situation which the Commission Director or his/her designee approves in writing and which requires a temporary alternate residence; 4) the borrower does not make payments when due; or 5) a breach of any provision of the note or deed of trust/security instrument occurs.

a. A borrower may prepay the outstanding loan balance, or any

portion thereof, at any time without penalty. b. All payments on the amortized loan shall be applied first to the

interest due and then to the principal balance of the loan.

2. Interest: The annual interest rate for amortized loans is 3%. 3. Loan Amount: The maximum amount of an amortized loan is $50,000 for

a single-family house or mobile home on owned land; $24,000 for a mobile home on a rented space; and $25,000 per unit for multifamily units. Exceptions may be made in cases where hazard mitigation is required as a condition for the rehabilitation work.

B. Deferred-Payment Loans: The Commission shall offer loans on a deferred-

payment basis to owner-occupants who cannot afford monthly payments on an amortized loan at the time of application. The applicant household will be considered unable to afford monthly payments on an amortized loan if their monthly housing costs, as defined in Section III.A, exceed 30% of their gross monthly income.

1. Term: The loan term shall be 20 years. No payments shall be required

prior to the twentieth anniversary of the loan. However, except as allowed under Section VII B, the deferred-payment loan shall be due and payable in full prior to 20 years should one or more of the following occur: 1) the borrower dies; 2) the property or any interest therein is sold, conveyed or transferred; 3) the borrower no longer occupies the property as his or her principal residence for reasons other than medical treatment, disability, education, family matters or similar situations which Commission Director or his/her designee approves in writing and which require a temporary alternate residence; or 4) a breach of any provision of the note or deed of trust/security instrument occurs. a. At the beginning of the twenty-first year, the deferred-payment loan

is due and payable in full. b. A borrower may repay the outstanding balance of the loan, or any

portion thereof, at any time without penalty. A borrower may choose to make irregular, periodic payments on the deferred-

payment loan. All such prepayments will be credited first to the interest due and then to the principal balance of the loan.

2. Interest: Interest will be simple interest. Interest shall accrue on the unpaid principal balance from the date on which the Promissory Note is executed. The annual interest rate for deferred payment loans is 3%.

3. Loan Amount: The maximum amount of a deferred-payment loan is

$50,000 for a single-family house or mobile home on owned land and $24,000 for a mobile home on a rented space. Exceptions may be made in cases where hazard mitigation is required as a condition for the rehabilitation work.

C. Relocation Requirements: Owners of rental properties must agree to comply with

all applicable federal and state relocation laws and regulations.

1. If temporary relocation of tenants is required during rehabilitation, the borrower shall be responsible for locating comparable temporary housing which is suitable, decent, safe and sanitary.

2. The rental property owner shall be responsible for paying all reasonable

out-of-pocket expenses incurred by the tenants in connection with the temporary relocation including the cost of moving to and from the temporarily occupied housing and any increase in monthly rent and utility costs at such housing.

3. The rental property owner shall deposit sufficient funds into an approved

escrow account to fully cover the estimated temporary relocation costs of the project. The Commission shall issue payments from the escrow account to the tenants, or to the rental property owner if payment has already been made to the tenants, for reimbursement of all reasonable out-of-pocket relocation expenses incurred.

D. Affordability Restrictions: The following affordability restrictions will be required

based on whether the rehabilitation is considered to be “substantial” or “non-substantial”, as defined in Section VIII.

1. Substantial Rehabilitation:

a. For any substantial rehabilitation of rental property assisted with any source of funds, a covenant will be recorded restricting continued occupancy of the property to low- or very low-income households for fifty-five (55) years. Said covenant shall run with the land.

b. If required by the funding source for substantial rehabilitation of owner-occupied single-family properties, a covenant will be recorded restricting continued occupancy of the property to low- or very-low


6 | P a g e


7 | P a g e

income households for up to forty-five (45) years. Said covenant shall run with the land.

2. Non-Substantial Rehabilitation:

a. For non-substantial rehabilitation of rental properties assisted with any source of funds, a covenant will be recorded restricting continued occupancy of the units to low- and very low-income households for twenty (20) years. Said covenant shall run with the land.

b. If required by the funding source for non-substantial rehabilitation of

owner-occupied single-family properties, a purchase option will be recorded in favor of the Commission for up to fifteen (15) years. The Commission will exercise the option if (a) the owner decides to sell the property during the term of the option, (b) the Commission identifies a qualified buyer, and (c) the Commission has adequate funding to support, if needed, said buyer’s acquisition of the property at fair market value. If the Commission does not exercise the option, the seller can sell the property on the open market. The specific terms of the purchase option shall be detailed in an Option Agreement, available in template form for prospective borrowers to review.

IV. ELIGIBLE IMPROVEMENTS

A. Eligible Improvements: Improvements must be of a permanently fixed nature. Repairs and improvements should be completed in the following priority order.

1. Improvements to correct health and safety hazards, including lead hazard

removal, and to maintain the structural integrity of the building. 2. Repairs to correct cited code violations. 3. Repairs to correct other code items. 4. Repairs to correct incipient code items.

B. Ineligible Improvements:

1. Items which exceed the Commission’s “moderate quality” standards for fixtures, windows, floor coverings, finishes, and other items.

2. Improvements of a recreational nature are not eligible. 3. Luxury improvements.

C. In no event shall the Commission approve loans for work unless all identified items described in IV.A:1 and 2 are corrected as a result of the work carried out in conjunction with the Commission's loan, except as permitted in areas of special need as designated in Appendix A.


8 | P a g e

D. The Commission shall not approve loans for work required to repair a condition

for which the applicant has received, or will receive, an insurance settlement or funds from another source (such as FEMA or SBA) to pay for the repair except to augment the insurance or other funds in cases where such funds are insufficient to make the required repairs in compliance with all applicable codes or ordinances.

E. All work funded in whole or in part by the Commission is subject to the permit

processes of the State, County and/or city in which the property is located.

1. All work must be done according to standards acceptable to the Sonoma County Permit and Resource Management Department, the State of California Department of Housing and Community Development, and/or the building inspection department of the city in which the property is located.

2. The proper permit(s) shall be obtained for all work which requires such

permit(s). The cost of permits may be part of the loan. F. "Self-Help" work by the owner-occupant may not be a part of the contract or loan.

No "volunteer" assistance is allowed primarily for liability reasons.

V. LOAN PROCEDURES

A. Application Process:

1. All loan applications will be processed and evaluated on a first-come, first-served basis. Completed applications will be considered for assistance based upon the order of receipt of completed applications by the Commission. An application will be considered to be complete when all required information has been supplied by the property owner(s) and tenant households.

2. All applicants will complete a pre-application and furnish Commission staff

with all required verifications. The information in the pre-application will be used to determine the applicant's initial eligibility for assistance.

3. After initial eligibility has been established, a thorough inspection of the property will be carried out by Commission staff. If necessary, additional tests and/or inspections by third parties will be conducted. A rough scope of work and cost estimate will be developed based on the inspection(s), tests and consultation with the property owner.

4. After review and acceptance of the rough scope of work by the

homeowner, Commission staff will prepare a formal loan application.


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B. Loan Approval: Commission staff shall exercise sound underwriting practices in all loan transactions. 1. In all instances, the Commission's underwriting standards will be

employed in a consistent, equitable manner. The Commission will at all times utilize sound judgment in making loans to ensure that the public funds are adequately protected. The Commission's underwriting standards will normally follow private lending practices but may in some cases be more lenient.

2. Loan applications shall be subject to normal commercial underwriting

criteria by the Commission. Such criteria may include, but are not limited to: credit reports, appraisals, title reports, cash-flow analyses, etc.

3. The following services may be provided to all applicants. Charges for the

following may be included in any loan made. There will be no charge for these services if the Commission does not approve the loan. If the applicant makes a voluntary decision not to proceed with the loan after approval, and if there is no other reason why the project cannot proceed, the owner may be requested to reimburse the Commission for all direct costs incurred.

a. Appraisal of the market value of property. b. Credit report on each owner of the property. c. HCD title search for mobile homes. d. Preliminary title report and title insurance for loans to be secured by

real estate. e. Structural pest control and other inspections or tests necessary to

determine property condition.

f. Lead and asbestos risk assessment(s).

4. The following underwriting criteria will be used to evaluate each application:

a. Loan applicants must be the legal owner of the real property, or the

registered owner of the mobile home, and must have the authority to encumber the property.

b. A preliminary title report shall be obtained for all real estate loans

(all loans except mobile homes on rented land). c. A formal title search will be conducted by HCD for all mobile home

loans.


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d. Owner-occupants receiving deferred payment loans are exempt

from the credit history requirements of this section. A consumer credit report will be obtained for all other loan applicants. Key factors to be considered in reviewing the credit history are the borrower’s ability to manage financial affairs and budget for debt and necessities.

e. At the discretion of the Commission Director or his/her designee, a

loan may be approved despite isolated instances of slow payments or even more significant past problems, based upon careful analysis of the contributing causes and circumstances. The owner’s demonstrated ability to reestablish a good credit standing, to maintain a good repayment pattern on housing-related debts, and to build equity in the property are all factors to be considered.

f. Unreported income, outstanding judgments, unreported property

liens and poor credit ratings indicate that an applicant is a poor risk for the loan program. Unreported income is fraudulent and will result in denial of a loan.

g. Property taxes and mobile home registration fees must be current

in order for an applicant to be considered for a loan and must be paid when due during the life of the loan.

h. Property insurance, including fire (and flood if applicable), will be

required during the life of the loan. If an applicant does not have sufficient insurance to cover the amount of the Commission's loan and all senior liens or the value of the improvements whichever is less, or if the policy has lapsed, deficiencies must be corrected as a condition of loan approval. The Commission shall be named on the policy as mortgagee/loss payee for the full term of the loan.

i. For all properties assisted, loans may be made that result in a loan-

to-value ratio of up to 100%. Property value will be established through an appraisal prepared by a State licensed or certified real estate appraiser.

j. To determine whether rehabilitation will be considered substantial

or non-substantial, the after-rehabilitation value of the property shall be presumed to equal the property value as determined above, plus the total cost of the rehabilitation work to be completed under this program.

k. Senior liens on any property will be allowed only if their terms meet

the following conditions: i. The loan is not negatively amortized.


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ii. The loan terms do not contain provisions for any balloon

payment which would come due during the term of the Commission loan; and

iii. Open lines of credit are calculated as the maximum credit

available to the borrower for purposes of determining loan-to-value ratio.

5. Each application will be summarized and a recommendation for loan

approval or disapproval will be made to the Commission's Director or his/her designee. The recommendation will include the maximum recommended loan amount and repayment terms.

6. The Commission Director or his/her designee will make the final decision

on each application.

7. Discretion of Commission Staff: It shall be within the purview of the Commission Director or her/his designee, to disapprove any loan application at any stage of processing through any formal or informal action which is consistent with sound underwriting practices and fair housing lending procedures.

C. Loan Documents: After selection of the contractor by the property owner,

Commission staff will prepare loan documents including the Fair Lending Notice, Promissory Note, Deed of Trust and/or Mobile Home Security Agreement, Truth-in-Lending Disclosure, Notice of Right of Rescission and Request(s) for Notice of Default and Sale.

1. All legal owner-occupants of the real property, and all registered owner-

occupants of the mobile home, shall execute all loan documents.

2. Occupant spouses and registered domestic partners who are not listed as owner on title to the property shall sign the loan documents unless title is clearly held as the owner’s sole and separate property.

3. Non-occupants who are listed on title to the property shall execute the

Deed of Trust or Mobile Home Security Agreement

4. Any owner contributions necessary for completion of the rehabilitation project shall be placed in the Commission's rehabilitation escrow account for disbursement to the contractor, or in payment of other loan costs, on behalf of the property.


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VI. CONSTRUCTION

A. Competitive Bidding: After a loan is approved, Commission staff will coordinate the competitive bidding process to obtain fixed-price bids from qualified, licensed contractors.

1. The Commission shall determine whether a contractor is qualified through

a pre-screening process. All contractors must submit a contractor application on the required forms to the Commission at, or prior to, the time of submitting their first bid.

2. The property owner may select any responsible contractor whose bid does

not exceed 110% of the Commission staff’s in-house cost estimate.

B. Construction Contract: The Commission staff will coordinate contracting for all work funded through the rehabilitation loan or with owner contributions to the project, manage the contracts, inspect the work and approve and disburse payments.

1. The contract for the rehabilitation will be executed by the owner and the

contractor. The Commission staff will provide the contract form.

2. The Commission staff shall assist the owner in the control, supervision and direction of the work to be performed under the contract.

3. Changes to the services to be provided under the contract and amounts to

be paid pursuant to the contract may be made only by written change order by and between the owner and the contractor and only upon written approval of the Commission’s Executive Director or his/her designee.

4. During the period of performance of the contract, the owner shall not enter

into any additional agreements with the contractor, whether written or verbal, without the written approval of the Commission’s Executive Director or his/her designee.

5. Commission staff will inspect each project during construction to assure

that work is progressing in a timely manner and that it is being carried out in accordance with the Scope of Work.

a. Phase inspections will be made by Commission staff prior to the

disbursement of payments to the contractor. Any work requiring a building or other permit must also have written approval by the State, County and/or city building inspector.

b. The owner must accept all work before payment may be authorized, except payment awarded by arbitration or legal judgment.


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6. Upon satisfactory completion of all work called out in the contract, the property owner shall sign the Notice of Completion (except in the case of mobile homes) which shall be recorded in the Sonoma County Recorder's Office.

VII. LOAN ADMINISTRATION and COLLECTIONS

A. Subordination: The Commission will subordinate the loan to a new loan only in the case where the owner wants to refinance the first mortgage and the owner will not take any cash out of the property nor will the Commission's financial position in the property be negatively impacted in any way.

B. Transfer and Assumption: Owner-occupied rehabilitation loans provided through

this program cannot be transferred or assumed except in the case of transfer to an occupant spouse, registered domestic partner, or child. Such occupant spouse, domestic partner, or child must provide certification of occupancy. Loans for rental properties may be assumed by subsequent purchasers of the property at the discretion of the Commission’s Executive Director or his/her designee, as long as they are, and remain, compliant with the eligibility requirements of this Program Design.

C. Amortized Loan Collections: The borrower shall make regular monthly payments

directly to the loan servicing agent as specified by the Commission. The Commission Director shall have the authority to select an outside loan servicing agent or to collect loan payments in-house. A loan servicing fee will be collected with each monthly payment.

D. Deferred-Payment Loan Collections: The borrower shall make full repayment of the loan when due directly to the Commission or loan servicing agent as specified by the Commission. A single loan set-up fee will be collected upon execution of the loan documents.

1. Recipients of deferred-payment loans will be allowed to make periodic

prepayments directly to the Commission in order to reduce the amount of their indebtedness.

2. Elderly and Disabled Borrowers: At the beginning of the twenty-first year,

the loan due date may be extended for households which qualify as elderly (over 62 years of age) and/or permanently disabled provided that: 1) the borrower is still the owner-occupant of the property; 2) the borrower is not in default of any of the loan terms; and 3) the dollar amount of any senior liens does not exceed the dollar amount of senior liens in effect when the Commission loan was recorded; and 4) the borrower will pay a loan modification processing fee of $500, which fee may be financed in the principal balance of the deferred-payment loan. The deferred-payment loan’s new term and interest rate will be the less stringent of those contained in this Program Design or those which may be in effect at the time the loan modification is approved by the Commission. This provision shall apply retroactively to all housing rehabilitation loans made by


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Commission, notwithstanding any terms to the contrary that may be contained in the promissory note for any loan.

E. Loan Defaults

1. If a borrower appears to be in default of one or more of the loan terms contained in the Promissory Note, Deed of Trust, Mobile Home Security Agreement or any other loan document, the Commission Director shall consult with the Office of the Sonoma County Counsel.

2. If the Commission Director determines that the borrower is in default of

one or more of the loan terms, the Commission Director, with the advice of County Counsel, may initiate foreclosure proceedings.

a. The Commission may contract with a trust deed service company

to carry out a Notice of Default and Sale on behalf of the Commission, or may carry out the foreclosure process in-house.

b. The Commission may disburse funds for all costs necessary to enforce its lien and complete the foreclosure sale process, including but not limited to: legal fees, trust deed service fees, past-due property taxes and mobile home registration fees, mobile home space rent and utility charges, property hazard and liability insurance, needed maintenance and repair, and real estate agent fees.

c. If the loan is reinstated, any expenses will be the responsibility of the

owner as a condition of reinstatement. 3. If the property goes to sale pursuant to this section, the sale proceeds

minus the amount of any senior liens and the Commission’s foreclosure costs shall be credited against the outstanding loan balance.

a. If the sale proceeds minus the amount of any senior liens and the

Commission’s foreclosure costs exceed the amount of the outstanding loan balance, the excess funds shall first be used to pay any valid claims of junior lien holders and any proceeds remaining thereafter shall be forwarded to the borrower.

VIII. DEFINITIONS Applicant/Co-Applicant: Any member of the household who is listed on title to the property and

who will be accepting responsibility for repayment of any loan made by signing the required loan documents.


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Assets: Assets of the applicant and household members shall be considered in determining household income. Household assets include:

1. Amounts in savings and checking accounts. (The greater of the current amounts

or the average balance for the last 2 months in savings and checking accounts.) 2. Stocks, bonds, savings certificates, money market funds and other investment

accounts. 3. Equity in real property (other than the applicant's principal residence) or other

capital investments. Equity is the estimated current market value of the asset less the unpaid balance on all loans secured by the asset.

4. The cash value of trusts that are available to the household, not including irrevocable trusts. 5. Annuities in the applicant's name that could be liquidated. 6. Assets, which although owned by more than one person, allow unrestricted

access by the applicant. 7. Lump-sum receipts such as inheritances, capital gains, lottery winnings, cash

from sale of assets, insurance settlements, and other claims. 8. Personal property held as an investment such as gems, jewelry, coin collections,

antique cars, etc. 9. Cash value of life insurance policies.

10. Household Assets Do Not Include:

a. Personal property (except as noted in #8 above).

b. Interest in Indian trust lands.

c. Assets not accessible by the household (e.g.: irrevocable trusts).

d. Assets that are a part of an active business or farming operation.

e. Retirement plans which, if withdrawn, would result in a penalty.

Below Market Interest Rate: An interest rate lower than the interest rate generally accepted for use by commercial lenders at the time of consideration.

Code Standards: All applicable housing, planning, fire prevention, building, zoning, health

codes, and other pertinent local ordinances.


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Disabled Household: A household in which any applicant or co-applicant is physically or mentally disabled. It may include two or more disabled persons living together, or one or more of these persons living with one or more live-in-aides or other household members.

Elderly Household: A household in which any applicant or co-applicant is 62 years of age or

older. It may include two or more persons 62 years of age or older living together, or one or more of these persons living with one or more live-in-aides or other household members.

General Property Improvements: Items not specifically required by code which will generally

improve the appearance and/or livability of the property and the neighborhood. Gross Income: The total income of the household, before any withholdings are taken. Household: A single person or a collective body of two or more persons living together in one

housing unit as their common home and sharing common income. Incipient Code Violations: An incipient code violation exists if, at the time of inspection, it is

thought that the physical condition of an element in the structure will deteriorate into an actual code violation within one year. Examples are an old roof which is beginning to leak or a furnace which can reasonably be expected to become inoperative or hazardous because of its age or condition.

Income: All income from persons in a household must be included in the household income.

Except as noted below*, income from minors/dependents is not included in household income. Annual household income includes:

Annual gross amounts of wages, salaries, tips and commissions.

Net annual income from operation of business or profession. Net annual income from rental of real or personal property.

If one or more of the bedrooms of an owner-occupied single-family property is/are rented to non-household members, the non-household members' incomes shall not be included in income calculations for the owner's household. However, the rent paid to the owner shall be included in income calculations for the owner's household.

Actual or imputed annual income from assets. If household assets are below $5,000, actual income earned from assets will be added to the household income. If household assets are $5,000 or more, the actual income earned from assets will be compared to an imputed income earned figure arrived at by multiplying the total assets by HUD's imputed income rate, also known as the passbook rate. This rate is periodically adjusted by HUD. The current HUD passbook rate is 2%, and may be adjusted from time to


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time. The higher of the actual income earned or the imputed income earned figures will be added to the household income.

Annual income from periodic payments such as Social Security, insurance,

retirement funds, pensions, alimony, or child support.

Annual amount of payment in lieu of earnings, such as unemployment, disability, worker's compensation.

Annual amount of public assistance allowances or grants. Total annual income divided by 12 equals monthly income. The income shall mean the

anticipated income of a person or family for the twelve-month period following the date of determination of income.

*Survivor's Social Security, SSI, other public assistance or disability payments and

pension payments paid to a minor/dependent are the only types of income received by a minor/dependent which are included in the household income.

Minor/Dependent: Members of the household (other than the applicant or co-applicant[s]) who

are under 18 years old or who are fulltime students and live at home, or who are disabled in such a manner as to require on-going dependency.

Mobile Home: For purposes of this program, a mobile home is defined as a transportable

structure, designed for use as a dwelling, whose minimum exterior dimensions are 8 1/2 feet wide and 32 feet long measured from wall to wall.

Non-Household Member(s): A single person or a collective body of two or more persons who

rent one of the bedrooms of a single-family house or mobile home and who do not share common income with the owner-occupant household.

Non-substantial rehabilitation: Non-substantial rehabilitation is defined as rehabilitation, the

value of which constitutes less than 25% of the after rehabilitation value of the dwelling, inclusive of land value.

Substantial Rehabilitation: Substantial rehabilitation is defined as rehabilitation, the value of

which constitutes 25% or more of the after rehabilitation value of the dwelling, inclusive of land value.

I HAVE READ AND UNDERSTAND THE INFORMATION PRESENTED IN THIS PROGRAM DESIGN FOR THE HOUSING REHABILITATION PROGRAM. _______________ ____________________________________ Date Property Owner Signature _______________ ____________________________________ Date Property Owner Signature


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APPENDIX A

DESIGNATED AREAS OF SPECIAL NEED

Canon Manor As of July 1, 2016, developed properties located within the Canon Manor subdivision in the unincorporated area of the County shown on the map below shall be eligible for assistance from County Reinvestment and Revitalization (RR) Funds, without regard to the income or asset level of the occupant household, solely to pay any and all costs necessary to connect their homes to public water and/or sewer. All other provisions of the Housing Rehabilitation Program Design shall apply.