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Slide #1 Annie Stevenson Housing Choice Voucher Homeownership Program © Copyright 2008 Nan McKay & Associates
Slide #2 Welcome to Lunch N Learn! Upcoming topics for the occupancy series: 8/1/08: Factors of Eligibility (PH and HCV) 8/15/08: EIV 9/4/08: PH Denials and Terminations 9/5/08: HCV Reasonable Accommodation © Copyright 2008 Nan McKay & Associates
Slide #3 Welcome to Lunch N Learn! Today’s topic: HCV Homeownership Eligibility Counseling & inspections Financing Family obligations Resources © Copyright 2008 Nan McKay & Associates
Slide #4 Housing Choice Voucher Homeownership Program © Copyright 2008 Nan McKay & Associates
Slide #5 Voucher Homeownership Program Basic concept -- Instead of using voucher subsidy to help family with rent, homeownership option allows first-time homeowner to use voucher subsidy to meet monthly homeownership expenses © Copyright 2008 Nan McKay & Associates
Slide #6 PHA Option PHAs have the option to offer one or both forms of assistance Monthly homeownership assistance payments; or Single downpayment assistance grant Not funded © Copyright 2008 Nan McKay & Associates
Slide #7 PHA Option PHAs may choose not to offer either form of assistance However, PHAs must offer assistance if needed as a reasonable accommodation Homeownership option is considered a special housing type under Subpart M of Part 982 © Copyright 2008 Nan McKay & Associates
Slide #8 Downpayment Assistance Grants Final Rule issued 10/18/02 Effective date 11/18/02 A PHA may not offer downpayment assistance until HUD publishes a notice in the Federal Register (funding) No $$ have been appropriated © Copyright 2008 Nan McKay & Associates
Slide #9 Homeownership Voucher Option Family responsible for finding eligible property they wish to purchase Homeownership assistance payments are provided to help the new homeowner with monthly homeownership expenses PHA may make monthly payment directly to the family or to the lender © Copyright 2008 Nan McKay & Associates
Slide #10 Homeownership Voucher Subsidy Calculate income as normal through total tenant payment (TTP) Payment standard determines maximum subsidy in voucher program © Copyright 2008 Nan McKay & Associates
Slide #11 Homeownership Voucher Subsidy PHA uses the same voucher program payment standard amounts for homeownership families same subsidy standards no separate “homeownership” payment standard schedule © Copyright 2008 Nan McKay & Associates
Slide #12 Payment Standards Payment standard for homeownership family is greater of: payment standard at commencement of homeownership assistance payment standard at most recent reexamination since commencement of homeownership assistance © Copyright 2008 Nan McKay & Associates
Slide #13 Homeownership Assistance Payments The monthly homeownership assistance payment (HAP) is calculated as the lesser of: Payment standard minus family total tenant payment (TTP) Family’s monthly homeownership expenses minus family TTP © Copyright 2008 Nan McKay & Associates
Slide #14 Homeownership Expenses PITI & MIP Principal and; Interest on mortgage debt Real estate taxes Home insurance Mortgage insurance payment © Copyright 2008 Nan McKay & Associates
Slide #15 Homeownership Expenses Principal and interest on mortgage debt for major repairs Land lease payments If home is a co-op or condo, may include co-op or condo operating charges or maintenance fees © Copyright 2008 Nan McKay & Associates
Slide #16 Homeownership Expenses Utility allowance PHA uses the same utility allowance schedule that it uses for rental program © Copyright 2008 Nan McKay & Associates
Slide #17 Homeownership Expenses 2 additional allowances PHA allowance for routine maintenance PHA allowance for major repairs Work in same fashion as utility allowance, set for program as a whole, not based on actual costs or condition of individual homes © Copyright 2008 Nan McKay & Associates
Slide #18 Routine Maintenance PHA allowance for routine maintenance is for the annual maintenance of a home such as Servicing the heating/AC systems Checking for plumbing leaks, caulking Walls, basements, attics Cleaning gutters © Copyright 2008 Nan McKay & Associates
Slide #19 Major Repairs PHA allowance is for major home repairs and replacements for “big ticket” items such as Ranges, refrigerators AC units Roofs Water heaters Electrical © Copyright 2008 Nan McKay & Associates
Slide #20 Developing Allowances Resources American Society of Home Inspectors (ASHI) Freddie Mac: Fannie Mae Home maintenance checklist: home.com home.com © Copyright 2008 Nan McKay & Associates
Slide #21 Developing Allowances Also research what is available in your community, contact: Non-profit organizations Real estate professionals (brokers & agents) Title companies Home inspectors and builders © Copyright 2008 Nan McKay & Associates
Slide #22 PHA Allowances Families are not required to actually escrow or put money aside for routine maintenance or major repairs © Copyright 2008 Nan McKay & Associates
Slide #23 PHA Allowances Families are responsible for all homeownership expenses not covered by the HAP payment If homeownership expenses exceed the payment standard, family pays the difference out-of-pocket in addition to TTP © Copyright 2008 Nan McKay & Associates
Slide #24 Family Share 40% of adjusted monthly income limitation does not apply to homeownership families (law limits amount family may pay for rent) © Copyright 2008 Nan McKay & Associates
Slide #25 Family Eligibility Program participant or applicant First time homeownership requirements Minimum income requirements Employment requirements Mortgage defaults Additional requirements © Copyright 2008 Nan McKay & Associates
Slide #26 Family Eligibility Family must be Current voucher program participant or Eligible for admission to the HCV program PHA may not set aside program funding from special housing types or require applicant to use voucher for particular housing type © Copyright 2008 Nan McKay & Associates
Slide #27 Family Eligibility Family must be Current voucher program participant or Eligible for admission to the HCV program PHA may not maintain separate waiting list, or provide selection preference for applicants who agree to use voucher for homeownership © Copyright 2008 Nan McKay & Associates
Slide #28 Family Eligibility: First Time Homeowner Requirements FIRST TIME HOMEOWNER No family member has had ownership interest in a residence in the last 3 years Except for single parent or displaced homemaker who, while married, owned a home with spouse or resided in home owned by spouse ….or….. © Copyright 2008 Nan McKay & Associates
Slide #29 Family Eligibility: First-time Homeowner Requirements Family must be: COOPERATIVE MEMBER Except for cooperative members who have already acquired shares, no family member has a present ownership interest in a residence…or… © Copyright 2008 Nan McKay & Associates
Slide #30 Family Eligibility: First-time Homeowner Requirements FAMILY INCLUDES A PERSON WITH DISABILITIES PHA determines use of homeownership option is necessary as reasonable accommodation © Copyright 2008 Nan McKay & Associates
Slide #31 Family Eligibility: Minimum Income Requirements The annual income of the adult family members who will will own the home can not be less than: Disabled families Monthly SSI x 12 Non-disabled families Federal min. wage x 2000 hours ($11,700 as of 7/24/07) © Copyright 2008 Nan McKay & Associates
Slide #32 Family Eligibility: Minimum Income Requirements Welfare assistance may not be considered in determining whether a family meets the minimum income requirements Except for elderly or disabled families A PHA may establish a minimum income requirement higher than HUD’s for either or both types of family © Copyright 2008 Nan McKay & Associates
Slide #33 Family Eligibility: Minimum Income Requirements However, if a family meets HUD’s income requirement and not the PHA’s, they are considered to meet the income requirement if Family has been pre-qualified or pre-approved for financing; Financing meets PHA requirements, and Is sufficient to purchase housing that meets HQS © Copyright 2008 Nan McKay & Associates
Slide #34 Family Eligibility: Employment Requirements Full time employment Currently employed full-time (not less than an average of 30 hours a week), and Has been continuously employed for at least one year PHA may determine to what extent interruptions are considered break in continuity © Copyright 2008 Nan McKay & Associates
Slide #35 Family Eligibility: Employment Requirements Full time employment requirements are not applicable for elderly and disabled families © Copyright 2008 Nan McKay & Associates
Slide #36 Family Eligibility: Mortgage Defaults Mortgage defaults Family is not eligible if any family member has previously received homeownership assistance and defaulted on mortgage © Copyright 2008 Nan McKay & Associates
Slide #37 Family Eligibility: Additional Requirements PHA may also establish additional requirements for family eligibility Example: FSS graduates May not establish different eligibility requirements for the employment requirement © Copyright 2008 Nan McKay & Associates
Slide #38 Pre-Assistance Homeownership Counseling © Copyright 2008 Nan McKay & Associates
Slide #39 Pre-Assistance Homeownership Counseling Eligible family must attend and satisfactorily complete homeownership counseling program required by PHA PHA staff and/or other entity may conduct HUD-approved housing counseling agencies provide counseling services at little or no charge © Copyright 2008 Nan McKay & Associates
Slide #40 Who Will Provide The Counseling PHAs must make a determination of who will provide the counseling PHA provided, the use of partners, both Partnerships: who are they? Non-profit Agreement in place for the cost Will counseling take weeks, months Individual counseling vs classes © Copyright 2008 Nan McKay & Associates
Slide #41 Pre-Assistance Counseling Topics include: Home maintenance Budgeting and money management Credit counseling and credit repair How to negotiate the purchase price of a home © Copyright 2008 Nan McKay & Associates
Slide #42 Pre-Assistance Counseling Topics include: Financing aspects obtaining financing and loan preapprovals types of financing, pros and cons of different approaches © Copyright 2008 Nan McKay & Associates
Slide #43 Pre-Assistance Counseling Topics Topics (continued): How to find a home Advantages of purchasing in area that does not have high concentration of low-income families Information on fair housing, fair housing lending and local enforcement agencies © Copyright 2008 Nan McKay & Associates
Slide #44 Pre-Assistance Counseling Topics (cont) Information about RESPA, state and Federal truth-in-lending laws, how to avoid loans with oppressive terms and conditions Pre-assistance counseling may be adapted for needs of individual family © Copyright 2008 Nan McKay & Associates
Slide #45 Finding An Eligible Home © Copyright 2008 Nan McKay & Associates
Slide #46 Finding a Home PHA may establish time limits for a family to locate a home to purchase and to purchase a home Family may choose eligible unit within PHA jurisdiction May go outside jurisdiction only if receiving PHA is administering homeownership program and accepting new families © Copyright 2008 Nan McKay & Associates
Slide #47 Eligible Units Unit under construction or already existing at time the family enters into the contract of sale One unit property or single dwelling unit in co-op or condo yes: townhouse no: both units of a duplex © Copyright 2008 Nan McKay & Associates
Slide #48 Eligible Units Purchase of a home (ie; manufactured home) where the family will not own the real property where the home is located is eligible, but only if The home is located on a permanent foundation, and The family has the right to occupy the site for at least 40 years © Copyright 2008 Nan McKay & Associates
Slide #49 PHA Owned Units Interim Rule issued in the FR 10/28/02 Effective date 11/27/02 Allows for a family to purchase PHA owned housing using homeownership assistance © Copyright 2008 Nan McKay & Associates
Slide #50 PHA Owned Units The PHA must inform the family, both orally and in writing, they have freedom of choice in selecting a unit, and The unit must be eligible housing, and … © Copyright 2008 Nan McKay & Associates
Slide #51 PHA Owned Units The PHA must use an independent agency to Perform HQS inspection Review the independent inspection report Review the contract of sale Make the determination of the reasonableness of the sales price and any PHA-provided financing requirements © Copyright 2008 Nan McKay & Associates
Slide #52 Disapproval of Seller PHA disapproval of seller PHA must not approve if informed (by HUD or otherwise) seller is debarred, suspended, or subject to limited denial of participation (see PHA may deny approval of a seller for any reason provided for disapproval of an owner in (c) © Copyright 2008 Nan McKay & Associates
Slide #53 Two Home Inspections Housing quality standards inspection and independent professional home inspection PHA conducts HQS inspection under voucher program determines current condition is decent, safe, and sanitary no annual HQS inspection requirement © Copyright 2008 Nan McKay & Associates
Slide #54 Independent Professional Inspection Unit must also be inspected by independent professional selected and hired by family Assess adequacy and life-span of major systems, appliances, and other structural components © Copyright 2008 Nan McKay & Associates
Slide #55 Independent Professional Inspection Identify potential problems (e.g., need to replace aging heating system) Requirement for inspection arranged by buyer and satisfactory to buyer is typical contingency clause in contracts of sale, consistent with real estate practice PHA may disapprove unit on basis of report © Copyright 2008 Nan McKay & Associates
Slide #56 Contract of Sale Family must provide copy of contract of sale to PHA Contract of sale must: specify price and terms of sale provide for pre-purchase inspection buyer satisfaction, buyer not obligated to pay for repairs © Copyright 2008 Nan McKay & Associates
Slide #57 Contract of Sale Family must provide copy of contract of sale to PHA Contract of sale must: Contain seller certification that seller is not debarred, suspended, or subject to limited denial of participation © Copyright 2008 Nan McKay & Associates
Slide #58 Financing © Copyright 2008 Nan McKay & Associates
Slide #59 Financing Voucher funds may NOT be used to assist with financing costs (downpayment, closing costs, etc.) This does not apply to downpayment assistance grants © Copyright 2008 Nan McKay & Associates
Slide #60 Financing Family ultimately responsible for securing own financing PHA may develop partnerships with lenders to assist family in obtaining financing, but may not require use of a certain lender © Copyright 2008 Nan McKay & Associates
Slide #61 FHA Underwriting Requirements If purchase of home is financed with FHA mortgage insurance, financing is subject to FHA mortgage insurance requirements © Copyright 2008 Nan McKay & Associates
Slide #62 Financing PHA may establish: requirements concerning qualifications of potential lenders prohibitions on certain forms of financing for example, balloon payment mortgages, ARMs © Copyright 2008 Nan McKay & Associates
Slide #63 Financing PHA may establish: requirements concerning terms of financing minimum downpayment requirements or restrictions on other debt secured by home © Copyright 2008 Nan McKay & Associates
Slide #64 Financing Affordability of purchase PHA may disapprove proposed financing, refinancing, or financing for improvements or repairs if PHA determines debt is unaffordable or lender or loan terms do not meet PHA requirements All PHA financing or affordability requirements must be described in PHA administrative plan © Copyright 2008 Nan McKay & Associates
Slide #65 PHA Capacity PHA demonstrates capacity through one of three options Option 1: Establishes minimum downpayment requirement 3 percent of sale price Family contribution towards downpayment: at least 1 percent of sale price comes from family’s personal resources © Copyright 2008 Nan McKay & Associates
Slide #66 PHA Capacity Option 2: PHA requires the financing for purchase of a home meets one of the following: provided, insured, or guaranteed by state or Federal government complies with secondary mortgage market underwriting requirements complies with generally accepted private sector underwriting standards © Copyright 2008 Nan McKay & Associates
Slide #67 PHA Capacity Option 3: PHA demonstrates in its Annual Plan that it has capacity, or will acquire capacity, to successfully operate a homeownership program © Copyright 2008 Nan McKay & Associates
Slide #68 Continued Assistance Occupancy of home PHA may not continue homeownership assistance after the month when family moves out Family or lender not required to refund to PHA any homeownership assistance for the month when the family moves out © Copyright 2008 Nan McKay & Associates
Slide #69 Family Obligations Comply with the terms of mortgage Use and occupancy family’s only residence report changes in composition no subletting or leasing © Copyright 2008 Nan McKay & Associates
Slide #70 Family Obligations Upon death of a family member who holds title to the home, homeownership assistance may continue Pending settlement of the decedent’s estate So long as the home is solely occupied by remaining family members © Copyright 2008 Nan McKay & Associates
Slide #71 Family Obligations Comply with other family obligations under the voucher program Supply information concerning: refinancing such debt, payment of debt sale or transfer of any interest in home homeownership expenses Provide notice of move-out Provide notice of default © Copyright 2008 Nan McKay & Associates
Slide #72 Family Obligations Prohibition on ownership interest on second residence During time family receives homeownership assistance, no member may have any interest in any other residential property © Copyright 2008 Nan McKay & Associates
Slide #73 Family Obligations Comply with any additional PHA requirements for continuation of homeownership assistance post-purchase counseling Statement of homeowner obligations written agreement signed by family to comply with all family obligations under homeownership option On HUD’s voucher homeownership page © Copyright 2008 Nan McKay & Associates
Slide #74 Move with Continued Assistance May move with continued voucher assistance (homeownership or rental) PHA may not commence continued voucher assistance for occupancy of new unit so long as any family member owns title or other interest in the prior home PHA may prohibit more than one move during any one year period © Copyright 2008 Nan McKay & Associates
Slide #75 Move to New Unit For continuation of homeownership assistance initial eligibility requirements apply again, except: first-time homeowner pre-assistance counseling (PHA may require additional counseling) © Copyright 2008 Nan McKay & Associates
Slide #76 Denial or Termination Normal program requirements under Mortgage default PHA must terminate homeownership assistance PHA may permit a family to continue participation with rental assistance © Copyright 2008 Nan McKay & Associates
Slide #77 Termination of Assistance Homeownership assistance for a family automatically terminates 180 calendar days after the last payment made on behalf of the family © Copyright 2008 Nan McKay & Associates
Slide #78 FHA Insured Defaults If a family defaults on an FHA insured mortgage, the PHA must deny permission for rental assistance if the family fails to demonstrate: They have, or will convey, title to the home as required by HUD; and The family has moved, or will move within the time required by HUD © Copyright 2008 Nan McKay & Associates
Slide #79 Time Limits © Copyright 2008 Nan McKay & Associates
Slide #80 Time Limits Maximum term 15 years if the initial mortgage has term of 20 years or longer 10 years in all other cases Time limit applies from initial purchase, regardless of whether family moves to new unit © Copyright 2008 Nan McKay & Associates
Slide #81 Time Limits The maximum term of assistance does not apply to elderly or disabled families Elderly families: exception only applies if the family qualified as an elderly family at the start of homeownership assistance Disabled families: exception applies if at any time, the family qualifies as a disabled family © Copyright 2008 Nan McKay & Associates
Slide #82 Time Limits If at any time the family no longer qualifies as elderly or disabled The max term applies retroactive to the date of commencement of homeownership assistance A family must be provided at least 6 mos. of homeownership assistance once the max term applies © Copyright 2008 Nan McKay & Associates
Slide #83 No Recaptures A PHA shall not impose or enforce any requirement for the recapture of homeownership assistance upon the sale or refinancing of a home © Copyright 2008 Nan McKay & Associates
Slide #84 Some HCV Regs Don’t Apply CFR : Applicability of other requirements Not applicable: provisions concerning owners, leases, HAP contracts, rents, or voucher terms HQS requirements are not applicable after admission Still applicable: payment standards, utility allowances, regular & interim reexams © Copyright 2008 Nan McKay & Associates
Slide #85 Homeownership Resources HUD’s homeownership voucher page: omeownership/http://www.hud.gov/offices/pih/programs/hcv/h omeownership/ Fannie Mae © Copyright 2008 Nan McKay & Associates
Slide #86 Homeownership Resources Freddie Mac Both Fannie Mae & Freddie Mac can assist with: Identifying/collaborating with counseling agencies Identify lending partners/underwriting guidelines And more! © Copyright 2008 Nan McKay & Associates
Slide #87 Homeownership Resources Free training! Link through HUD’s h’ownership page or: Regular NRC training offers free tuition for PHAs HUD conducts 1.5 day seminars with NRC and may add additional sessions © Copyright 2008 Nan McKay & Associates
Slide #88 Homeownership Resources Upcoming HUD trainings (http://www.hud.gov/offices/pih/programs/hcv/ho meownership/training.cfm):http://www.hud.gov/offices/pih/programs/hcv/ho meownership/training.cfm Cincinnati 7/30 – 7/31 Martin, TN 8/19 – 8/20 Longview, WA 9/2 – 9/3 © Copyright 2008 Nan McKay & Associates
Slide #89 Homeownership Resources HUD/NRC training Focus on partnerships with nonprofits Financing strategies Subsidy layering Creative strategies Input from PHAs with successful programs How they achieve success © Copyright 2008 Nan McKay & Associates
Slide #90 NMA Lunch ‘n’ Learn Seminar NEXT TOPIC… © Copyright 2008 Nan McKay & Associates
Slide #91 NMA Lunch ‘n’ Learn Seminar © Copyright 2008 Nan McKay & Associates
Slide #92 Upcoming Lunch ‘n’ Learns… Factors of Eligibility Aug. 1, 2008 EIV Aug. 15, 2008 Reasonable AccommodationAug 22, 2008 Denials and TerminationsSept. 4, 2008 © Copyright 2008 Nan McKay & Associates
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