Attachment C. Monitoring Procedures

Transcription

1 Attachment C. Mnitring Prcedures These prcedures set frth the prcess that the Federal Hme Lan Bank f Indianaplis ( FHLBI r the Bank ) fllws in mnitring its Affrdable Husing Prgram (AHP) cmpetitive applicatin prjects in accrdance with Sectins f the Affrdable Husing Prgram Regulatins (12 C.F.R. 1291) (the Regulatin ). The Bank prvides the prject spnsr r prject wner and Member with a cpy f the Bank s mnitring guidelines, which sets frth their respective mnitring bligatins. The Bank ntifies the prject spnsr, prject wner, r Member prir t the due date f any certificatins required t be submitted t the Bank as part f the prject spnsr s, prject wners, r Member s mnitring bligatins. The AHP Mnitring Prgram will have as its primary fcus three stages f review. The three stages are presented and discussed belw: STAGE 1 Semi-Annual Mnitring Review STAGE 2 Initial Mnitring Review STAGE 3 Lng-Term Mnitring Review On-Site Reviews During the cnstructin phase, a site visit may be perfrmed by the Bank in its discretin and typically will be perfrmed if significant changes in scpe f the prject, mdificatin, r ther materially significant factrs deviate frm the apprved applicatin. Prjects that invlve rehabilitatin f existing husing may be identified fr an n-site bservatin f the scpe f the prpsed renvatins and cnditin f the structure. The Bank may, at its discretin, remve a prject frm award cnsideratin if the building, its cnditin, r its lcatin present sustainability r market cncerns. The initial mnitring and lng-term mnitring reviews are generally parallel in scpe and apprach. Factrs cnsidered during these reviews fcus n evidence f fulfillment f scring initiatives, targeting, incme dcumentatin reviews, capital needs including general prperty cnditins, marketing and ccupancy histry, review f prfit/lss statements, audited financial statements, insurance lsses, cde vilatins, r ther citatins that wuld indicate habitability/ccupancy standards are at risk. During the curse f prject mnitring, the Bank typically must review back-up prject dcumentatin n husehld incmes and rents maintained by the prject spnsr r wner; and (ii) maintenance and Bank review f ther prject dcumentatin at the Bank s discretin. Further, cnsultants r prfessinals with knwledge f the affrdable husing restrictins and requirements may be engaged n behalf f the Bank t cnduct such reviews. The Bank may rely n mnitring reprts cnducted by ther delegates r prfessinals engaged by ther stakehlders pursuant t the Lng-Term Mnitring plicy. STAGE 1 Semi-Annual Mnitring Review Overview A Stage 1 review is cnducted during the prject s incmplete r develpment stage. This review is cnducted every six mnths and includes analysis f the Semi-Annual Prgress Reprt and supprting dcumentatin. The Semi-Annual Prgress Reprt includes certificatins made by the spnsr/wner and Member institutin. 58 P age

2 Prcedures STAGE 2 Initial Mnitring Overview A Semi-Annual Prgress Reprt (SA Reprt) must be filed by a Member institutin whse AHP prject has received apprval. The SA Reprt must be filed during the perid f cnstructin r rehabilitatin f a prject and will detail the prgress and verall status f the prject. The prject spnsr/wner and Member will sign the SA Reprt signifying that all parties are infrmed f the prject s status with respect t its level f prgress and the spnsr/wner has satisfied the reprting requirements f 12 C.F.R (a)(1)(A). The SA Reprt must be filed every six mnths until the prject is identified as being cmplete. SA Reprts will be reviewed t determine the prject s prgress, estimated cmpletin date, change in funding status, and cmpliance with the apprved applicatin. Updated financial infrmatin such as the surces and uses statement and pr-frma may be required with the SA reprt. A prject that indicates prgress has stalled r is nt mving frward may be subject t decmmitment. A Stage 2 review is defined as Initial Mnitring f the prject and is cnducted within ne year after prject cmpletin. This encmpasses a review f the prject t determine the level f the prject s cmpliance with the apprved applicatin, apprved mdificatins(s), if any, law, regulatin, plicy, and prcedures as required by 12 C.F.R This review may start earlier if there is sufficient indicatin f nn-cmpliance. Hmewnership Prject Prcedures Hmewnership prjects will be scheduled fr Initial Mnitring review within a reasnable time perid f receiving frm the Member financial institutin the certificatin required by 12 C.F.R A Member financial institutin must, within six mnths after disbursement f all AHP funds t a prject, certify t the Bank that the AHP funds were used in accrdance with the apprved applicatin and that the AHP units are subject t deed restrictins r ther legally enfrceable Retentin Agreements r mechanisms meeting the requirements f 12 C.F.R (a)(7). When a hmewnership prject is subject t Initial Mnitring, the fllwing will be determined by the Bank: Level f cmpliance with the apprved applicatin; Level f cmpliance with 12 C.F.R. 1291; Level f cmpliance with the Bank s AHP plicies and prcedures; and Whether the AHP subsidy was used fr eligible purpses, the prject s actual csts were reasnable and custmary in accrdance with the Bank s prject feasibility guidelines, and the subsidy was necessary fr the financial feasibility f the prject. Dcumentatin t be analyzed fr hmewnership prjects in Initial Mnitring, includes, but is nt limited t, the fllwing. Original/final cmparative statement f surces and uses. 59 P age

3 A list f unit resident names and addresses, annual husehld incme at the date f qualificatin, husehld size, AMI percent and clsing dates. Cmpletin certificatin frm, which certifies that: As cmmitted in the applicatin r as adjusted by an Bank-apprved mdificatin, all units f the prject are cmplete as f the date f the last hmewnership unit in the prject clsed r the last unit is rehabilitated. All reprts and dcumentatin required by Regulatin, the Bank, r the Federal Husing Finance Agency are current and cmplete. The prject cmplies with the applicable federal and state laws n fair husing, husing accessibility, and ther lcal building cdes, and the prject has been affirmatively marketed under law. If certificatin cannt be made, a crrective actin plan must be attached. All apprved AHP subsidies have been prvided t incme-eligible husehlds, using the incme ranges cmmitted t in the AHP applicatin (r as mdified) and pursuant t the individual Husehld Subsidy Need Calculatin as determined during the disbursement review. Ttal subsidy fr the prject may be reduced by the remaining unused subsidy in the prject at its cmpletin. The certificatin is supprted by husehld incme verificatin dcumentatin kept n file fr review by the FHLBI Member r the FHLBI at the prject spnsr s place f business. Services, Activities and Set-aside Questinnaire Cst validatin, as required Validatin f funding surces, as required Other infrmatin, as required The AHP-assisted units are subject t deed restrictins r ther recrded, legally enfrceable Retentin Agreements r mechanisms meeting the requirements f (a)(7) and (a)(8). Sample Real Estate Retentin Agreements can be fund in Attachment E f this dcument. Rental Prject Prcedures Rental prjects will be scheduled fr Initial Mnitring review within a reasnable time perid f receiving the certificatin required by 12 C.F.R frm the Member financial institutin. The Initial Mnitring Review will begin when the Bank receives prject cmpletin ntificatin via the SA Reprt r ther such infrmatin dcumenting the prject is cmplete. Prjects have ne year frm the date the prject is certified fr ccupancy t submit certain dcumentatin. Failure t prvide such dcumentatin may result in sanctins r suspensin relating t future applicatins, and recapture f sme r the entire AHP subsidy disbursed pursuant t remedial actins fr nncmpliance as required by 12 C.F.R When a rental prject is subject t Initial Mnitring, the fllwing will be determined by the Bank. Level f cmpliance with the apprved applicatin; 60 P age

4 Level f cmpliance with 12 C.F.R. 1291; Level f cmpliance with the Bank s AHP plicies and prcedures; and Whether the AHP subsidy was used fr eligible purpses, the prject s actual csts were reasnable and custmary in accrdance with the Bank s prject feasibility guidelines, and the subsidy was necessary fr the financial feasibility f the prject. Dcumentatin f rental prjects t be analyzed in Initial Mnitring includes, but is nt limited t, the fllwing: Final updated prject financial wrkbk apprpriate fr the prject type (cntingencies must be zer at cmpletin r funds may be de-cmmitted r recaptured) A list f tenant names and addresses, annual husehld incme at the date f mve-in, husehld size, AMI percent, mve-in date, current mnthly rent, the amunt f any utility allwances r rent subsidies, and number f bedrms in the unit Incme dcumentatin fr a sampling f units in accrdance with the Federal Hme Lan Bank f Indianaplis Sampling Plan in effect at the time f prject cmpletin Cmpletin certificatin frm, cmpleted by Spnsr and frwarded t Member fr signature, which certifies that: As cmmitted in the applicatin r as adjusted by an Bank-apprved mdificatin, all units f this prject are cmplete as f the date the last rental unit had certificate f ccupancy r equivalent issued, r where such certificates are nt issued, the date the last unit in the prject is suitable fr ccupancy. All reprts and dcumentatin required by Regulatin, the Bank, r the Finance Agency are current and cmplete. The prject cmplies with the applicable federal and state laws n fair husing, husing accessibility, and ther lcal building cdes, and the prject has been affirmatively marketed under law. If this certificatin cannt be made, please attach a crrective actin plan. Validatin f building design features fr which pints were awarded r as mdified by an architect r ther third-party evidence such as: phts, invices, and swrn statements. Services and activities cmmitted t in the AHP applicatin have been prvided in cnnectin with the prject [ (a)(5)]. The tenant rents and incme prvided in the list f actual tenant rents and incmes are accurate and in cmpliance with the rent and incme targeting cmmitments made in the AHP applicatin (r as mdified) as supprted by husehld incme verificatin dcumentatin maintained fr review by the FHLBI Member r the FHLBI. Services, Activities and Set-aside Questinnaire t determine whether services and activities cmmitted t in the applicatin have been prvided Cst validatin may be requested n all prjects. Prjects with lw-incme husing tax credits must submit an accuntant s cst certificatin, final lw-incme husing tax credit applicatin, IRS 8609, r ther such dcumentatin verifying csts Validatin f funding surces, as required 61 P age

5 Other infrmatin, as required The AHP-assisted units are subject t deed restrictins r ther recrded, legally enfrceable Retentin Agreements r mechanisms meeting the requirements f (a)(7) and (a)(8). Sample Real Estate Retentin Agreements can be fund in Attachment E f this dcument. Hmeless and Special Needs Mnitring Requirements The Bank will mnitr, fr cmpliance during the Initial Mnitring Review per the sampling plan utlined, all prjects that cmmitted in the apprved AHP applicatin t reserve at least 20% f the prject s units fr hmeless husehlds. When the request fr AHP mnitring is made, dcumentatin must be available demnstrating that at least 20% f the units are ccupied by husehld qualified as hmeless r are vacant awaiting ccupancy by hmeless r special needs husehlds. Fr prjects with existing tenants at the time f applicatin, nly thse husehlds wh qualified and secured residency within ne year prir t the AHP applicatin submissin may be cnsidered in the number f hmeless, special needs r elderly husehlds required t meet the hmeless and special needs cmmitment detailed in the applicatin. STAGE 3 Lng-Term Mnitring Review Overview A Stage 3 Lng-Term Mnitring Review is cnducted slely fr rental prjects and in accrdance with 12 C.F.R Hmewnership Prjects The Bank des nt require submissin f any infrmatin r dcumentatin after initial mnitring except in cnnectin with the sale r refinancing f a unit. The Bank requires that a prject spnsr r Member prvide ntice t the Bank in the event f a resale r refinance f a unit. Rental Prjects Cnducted slely fr rental prjects in cmpliance with 12 C.F.R , this review will be based n whether the prject is eligible fr mnitring by a federal, state r lcal gvernment entity, the level f cmpliance, and the amunt f subsidy received by the prject. All rental prjects are required t submit a Prject Annual Certificatin frm that is cmpleted by the Spnsr and signed by the Member and certifies: As cmmitted in the applicatin r as adjusted by a Bank-apprved mdificatin, the tenant rents and incmes are in cmpliance with the rent and incme targeting cmmitments. The prject is habitable. The prject cmplies with the applicable federal and state laws n fair husing, husing accessibility, and ther lcal building cdes. If this certificatin cannt be made, please attach a crrective actin plan. Dcumentatin regarding tenant rents and incmes and prject habitability are being maintained and available fr review by the Bank. Dates f sale(s) f any f the units cmprising the prject. HUD-1 Settlement Statement/Clsing Disclsure, r similar dcuments, must be prvided with annual certificatin in the event f sale. Generally, prjects will be mnitred in accrdance with the schedule unless elevated at the Bank s discretin based upn material indicatrs that prmpt a higher level f mnitring and 62 P age

6 versight. Single prjects r phased develpments wherein the individual r cumulative subsidy is greater than $2M f AHP require n-site review by Bank staff r ther husing prfessinals familiar with the AHP cmpliance. The risk-based mnitring and sampling schedule is based n any level f cmpliance by the spnsr, Member, r by prject perfrmance, and is nt limited t the amunt f subsidy awarded t a single prject. 1) Prjects receiving $50,000 r less in AHP subsidy: a) N utstanding cmpliance issues. b) Bank reviews annual certificatin frm prject wner and Member fr 15 years. 2) Prjects receiving $50,001 t $250,000 in AHP subsidy: a) N utstanding cmpliance issues. b) Bank reviews annual certificatin frm prject wner and Member fr 15 years. c) Bank requests a list shwing tenant rents (the Bank s Rental Incme Targeting Wrksheet) and incme frm prject spnsr and cnducts a review f a sample f incme dcumentatin, in accrdance with the Bank Sampling Plan belw, f the prject s units t verify cmpliance nce every six years. 3) Prjects receiving $250,001 t $500,000 in AHP subsidy: a) N utstanding cmpliance issues. b) Bank reviews annual certificatin frm prject wner and Member fr 15 years. c) Bank requests a list shwing tenant rents (the Bank s Rental Incme Targeting Wrksheet) and incme frm prject spnsr and cnducts a review f a sample f incme dcumentatin, in accrdance with the Bank Sampling Plan belw, f the prject s units t verify cmpliance nce every fur years. 4) Prjects receiving mre than $500,000 in AHP subsidy in a single phase r $2M in a multi-phase develpment: a) Bank reviews annual certificatin frm prject wner and Member fr 15 years. Bank will perfrm an n-site review f prject dcumentatin, including tenant rent rll analysis (the Bank s Rental Incme Targeting Wrksheet) and incme dcumentatin in accrdance with the Bank Sampling Plan belw, at least every ther year. The Bank in its sle discretin, may determine after tw cncurrent n-site reviews, the lss risk f the AHP subsidy is minr, and that the mnitring review schedule may be changed t the requirements f 1-3 abve. On-site mnitring reviews may be reinitiated shuld risk indicatrs be present t justify a higher level f versight as indicated in item 5 belw. 5) All prjects with significant cmpliance issues r wherein AHP is the nly incme restricted riginal surce f develpment financing: a) All prjects with utstanding significant cmpliance issues r ther perating perfrmance cncerns (as determined by the Bank), regardless f amunt f AHP subsidy received, will be mnitred n-site by the Bank staff as deemed apprpriate by the Bank. On-site reviews will cntinue until such time the nn-cmpliance issue is reslved r the sustainability f the husing cncern is reslved. Upn reslutin, the applicable mnitring cycle may be resumed. Nte: See Mnitring by a Federal, State, r Lcal Gvernment Entity fr a pssible mnitring exceptin fr rental prjects that are allcated federal lw-incme husing tax credits. 63 P age

7 Federal Hme Lan Bank f Indianaplis (FHLBI) Sampling Plan Fr prjects cmpleted January 1, 2019, thrugh December 31, 2019, sampling f incme dcumentatin and retentin mechanisms will be perfrmed as fllws. Hmewnership Prjects (a)(1) Incme dcumentatin and retentin mechanisms will be btained fr every AHP-assisted husehld and prperty. Rental Prjects (a)(4) The retentin mechanism will be btained fr each AHP rental prject including the attachment f the crrespnding legal descriptin(s) f all real estate parcels making up the prject. During the Stage 2 Initial Mnitring Review and Stage 3 Lng-Term Mnitring Review, incme dcumentatin will be sampled based n the schedule in the table belw. Fr prjects with a ttal f $50,000 r less in AHP subsidy in the Stage 3 Lng-Term Mnitring phase, nly the annual certificatin will be reviewed. Sampling f incme dcumentatin is nt required in the Lng-Term Mnitring phase if the AHP subsidy disbursed is less than $50,000, regardless f the number f AHP units invlved. Fr prjects with mre than $50,000 in AHP subsidy in the Stage 3 Lng-Term Mnitring phase, incme dcumentatin will be reviewed using the sampling plan in the chart belw with the frequency based n the amunt f subsidy as described abve. Fr small prjects (<25 units) wherein the tenant ppulatin is stable with little r n turnver, incme verificatin sampling will be limited t nly thse tenants that are in residency n the date the rent rll is created since the last sampling reprt. Spnsrs/wners must still retain tenant incme data n site, but are nt required t submit current year dcumentatin as a part f lng-term mnitring. Additinally, shelter type prjects with transient tenants such as hmeless r dmestic vilence survivrs whse stay is less than ne year are nt required t prvide incme verificatin dcumentatin during the Stage 3 Lng-Term mnitring perid. Table 7. Incme Dcumentatin and Retentin Mechanisms Rentals Number f AHP Units in the Prject Percent f Incme Dcumentatin and Retentin Mechanism t Sample 1 t % 11 t 80 20% 81 t % 101 and Higher 10% Nte: If sampling appears t indicate that a prject is ut f cmpliance, the Bank reserves the right t review dcumentatin fr additinal units r t perfrm an n-site prject review. Nte: Fr annual adjustment f targeting cmmitments, the HUD area median incme listings are updated annually and made available by the Bank. Fr purpses f determining cmpliance with the targeting cmmitments in an AHP applicatin, such cmmitments shall be cnsidered t adjust annually, accrding t the current applicable median incme data. A rental unit ccupied by a tenant wh qualified under the incme targeting restrictins f the prject at the time the tenant mved int the unit may cntinue t cunt tward meeting the targeting cmmitment f an apprved AHP applicatin, despite increases in incme, as lng as the rent remains affrdable fr 64 P age

8 the targeted incme level f the unit (i.e., the rent des nt exceed 30% f the applicable 50, 60, 70, r 80% targeted median incme level cmmitted t in the AHP applicatin, adjusted fr bedrm size). In thse cases where 100% f the units require sampling, and there has been little tenant turnver, and the husehld incme has undergne a previus Bank sampling review, the sample size will be limited t thse husehlds that qualified and mved in since the last sampling ccurred. Mnitring by a Federal, State, r Lcal Gvernment Entity Fr rental prjects receiving $500,000 r less in AHP subsidy that are allcated federal lw-incme husing tax credits, the Bank will rely n mnitring (including n-site reviews) by the statedesignated husing credit agency administering the tax credits f the incme targeting and rent requirements applicable under the Lw-Incme Husing Tax Credit Prgram. Under the Regulatin, the Bank des nt have t btain and review reprts frm such agency r therwise mnitr the prject s lng-term AHP cmpliance prvided the incme targeting requirements, rent requirements and retentin perid mnitred by the entity fr purpses f its wn prgram are substantively equivalent t the AHP cmmitments. The entity must have demnstrated ability t carry ut the AHP mnitring requirements, and must agree t infrm the Bank f all instances f nn-cmpliance. Cmpliance reprts issued by ther interested parties/stakehlders fr purpses f assessing the general prperty cnditin/habitability and husehld incme cmpliance including curative actins t be addressed may be requested annually r at any ther time as may be indicated by the circumstance/cnditin presented. Insurance lsses and ther acts f nature which render any part f the prperty uninhabitable fr a perid f time will be required t reprt at least quarterly n effrts t restre the prperty t a state f habitability within a reasnable amunt f time cmmensurate with the size f lss and time f the year f said lss. Remedial Actins fr Nn-Cmpliance Settlements If an issue f nn-cmpliance is nted due t a) material and utstanding cmpliance items, b) prject type, size r lcatin issues; r c) spnsr experience r capacity issues, the Bank in cnjunctin with the Member and spnsr institutins, will develp an actin plan t achieve a remedy fr the nn-cmpliance. This plan may include additinal mnitring requirements as determined apprpriate based n the nature f the nn-cmpliance issue. In cases fr which a settlement is indicated as a cure ptin, apprval by the Bard is required, with the exceptin f prjects fr which the AHP subsidy is $50,000 r less and the remainder f the retentin perid is three years r less. In such cases, FHLBI management may apprve a settlement amunt less than the AHP subsidy withut Bard apprval. Such settlements shall be reprted t the Bard at the next meeting. Prjects with mre than $50,000 in AHP subsidy r mre than three years remaining n the retentin perid, any prpsed settlement f an amunt less than the ttal AHP subsidy funded requires Bard apprval. 65 P age