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Rental Assistance Demonstration Lessons Learned Midwestern Lenders Conference October 14, 2015
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Four HUD Hot Buttons Functional Obsolescence Scattered Sites Fair Housing Environmental Issues
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Functional Obsolescence Small Units Too few Bathrooms Small doorways Site design Terra Cotta sewer lines
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Scattered Sites 5 contiguous units per parcel One marketable, manageable property Similar quality when renovated Rotating staff serves all properties
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Fair Housing Fair Housing Accessibility if built after March 13, 1991 – First floor units or all elevator units must be adaptable (blocking, accessible path, adaptable cabinets) Section 504: Federal Funds (Section 8) = 5% fully accessible and 2% hearing and sight HUD Minimum Property Standards – Elderly Units: call systems; grab bars in bathtubs; non-slip tub surface; elevators sizes (waivable); stair height (waivable); hallway handrails on one side – Disabled Units: blocking for grab bars
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Environmental Issues Floodway Floodplain Asbestos Lead-based Paint Radon 8-step process Form 4128
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Who is in Charge? Four RAD Underwriting Offices: – Atlanta – Chicago – Ft. Worth – Seattle See Handout for who to call for concept meeting, RAD jurisdictions, and work-load sharing
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Who is in Charge: Two Examples If originating office is Atlanta, Chicago, Ft. Worth, or Seattle – RAD office conducts concept Call – Discuss HUD Hot Buttons, Waivers, and Issues Attending: Housing underwriter, RAD transaction manager, housing authority, developer, and lender. Project probably underwritten in geographic RAD office
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Who is in Charge: Two Examples If originating office is NOT Atlanta, Chicago, Ft. Worth, or Seattle – Originating office conducts concept Call – Discuss HUD Hot Buttons, Waivers, and Issues Attending: Housing underwriter, RAD transaction manager, housing authority, developer, and lender. Project will NOT be underwritten in the originating office
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Who is in Charge? Work-Load Sharing: in all cases – Call Mark Wiesendanger to ask which RAD office will receive your RAD project – If not the concept call office, conduct a new “warm-up” call, discuss Hot Buttons, Waivers, and Issues Attending warm-up call: Housing underwriter, RAD transaction manager, housing authority, developer, and lender.
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Where are Decisions Made? Underwriting branch chief: RAD office HUB-level waivers: RAD processing office, housing and legal Environmental reviews: Geographic office Closing: Geographic office – At the concept meeting or warm-up meeting, ASK
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Random Lessons Learned Waiver of Paragraph B of the Ground Lease is approved in RAD housing and legal with HUD Central concurrence Leasehold value on ground lease from public entity is always $0, which may be changing and may not matter; what to cost certify? Payments in cash on GL during construction are part of replacement cost and cost certifiable; single up front payments satisfied by a landlord note are not
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Random Lessons Learned Good repair history is hard to get Justify 10% contingency in heavy rehab Check terms of RE tax PILOTs: role of HA
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Random Lessons Learned Housing Authority can contribute cash and take cash out if last transaction 223f: value is set by restricted value RECAP will take care of releases of Declarations of Trust
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Random Lessons Learned Developer fee LIHTC: – Lesser of 15% of total development cost or Agency allowed fee – Distributed on Syndicator Schedule – Paid from tax credit equity
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Random Lessons Learned Developer fee Not LIHTC: – 10% of total development cost less reserves, developer fee, and acquisition cost in IOI transactions – Distributed 33% at IE 33% at 50% complete Remainder at 100% complete
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Random Lessons Learned: 221d4 Value may be more or less than purchase price Purchase price negotiated between buyer and seller; included in basis Underwrite and certify lesser of “as is” value or purchase price Seller note may exceed market value with a waiver of MAP Guide 8.9B2
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Random Lessons Learned: 221d4 “as is” value set at market rents, market expenses, market cap rate No cash out from any source at IE; waiver of ML 2012-20.IV.P for 5%-10% required by syndicators Cash out from “as is” value at 6 months of sustaining occupancy following FE MAP Guide 8.13J
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