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SR-6M (8) RAD:Housing:JM:PB:JMG/interest Council Meeting: July, 26 1994 Santa Monica~alt<or~ JUL 2 6 199't To: Mayor and city council From: city staff Subject: Recommendation that the city Council Approve an Amendment to the Four Housing Trust Fund Guidelines in Order to Set Interest Rates for City Loans Introduction This report recommends that the city Council approve an amendment to the four housing trust fund guidelines in order to allow staff to amend the interest rate provision of the city's four housing trust fund guidelines for city loans of affordable housing projects. Background The city staff currently administers four housing trust funds: (1) pico Neighborhood Housing Trust Fund; (2) citywide Housing Acquisition and Rehabilitation Program; (3) Citywide Housing Trust Fund; and (4) HOME Investment Partnership Program. The four trust funds provide gap loans to affordable housing projects, supplementing financing sources from federal, state, county, and private sectors. As many outside funding sources have decreased recently, new projects are becoming more and more reliant on the federal and California Low Income Housing Tax Credit programs (Tax Credit Programs) established by Section 42 of the Internal Revenue Code of 1986, as amended, and Sections 17058 and 23610.5 of the 6iforniM JUL 2 6 199It Revenue and Taxation Code. A revision of the interest rate provision of the trust fund guidelines will help leverage more funds from the Tax Credit Programs and its investors. Discussion Currently, the city's housing trust fund guidelines require that the interest rate be set at the rate established by the Federal Horne Loan Mortgage corporation (Freddie Mac) for the average conventional commitment of a fixed rate, thirty year mortgage, compounded annually. This requirement was adopted by the city Council prior to the establishment of the Tax Credit Programs, which has since become a significant source of financing for affordable housing projects. The effect of the City's current interest rate requirement (see Attachment A) is to reduce the up front equity contributions (cash investment) from tax credit investors, resulting in the need for an increased City subsidy. The Tax Credit Programs allow for syndication of affordable housing projects. Syndicators are non-profit and for profit corporations that invest money in affordable housing projects for approximately 15 years in exchange for tax credit benefits. At the end of 15 years, the tax credit investors sell the project back to the non- profit developers and no longer participate as investors in the project. Tax credits produce substantial tax savings, thus motivating the investment in a project. In addition, certain other paper losses arise in these types of financial structures - notably depreciation and deferred interest payments due qovernmenta 1 lenders. The deferred interest is reported by the investors as a loss. Because the interest is deferred, the loss does not have to be paid at the time it is incurred. However, the investor has to establish a reserve which is needed at the time the property is sold (normally, back to the non-profit developer) to repay the Internal Revenue Service for the losses that were incurred from the deferred interest. The greater the losses, the larger the reserve. Accordingly, a lower interest rate on the governmental loan reduces the losses and the amount needed in the loss reserve. Briefly explained, a market interest rate City loan increases the accumulated interest or debt in a project, which, in turn, increases the tax credit investor's capital gains tax liability upon sale of the project in year 15. To compensate for this increased tax liability, the investor reduces the up-front equity (cash) contribution to a project. Reduced tax credit cash contributions to a project generally result in a need for increased City subsidies. other pUblic agencies and municipalities contacted by staff, including the City of Los Angeles, County of Los Angeles, Pasadena, Berkeley, Palo Alto and the Community Redevelopment Agency of Los Angeles provide housing trust fund loans at interest rates of 3% in order to maximize the Tax Credit Programs and conventional financing in their affordable housing projects. Bu~getary I~pacts Amending the Housing Trust Fund Guidelines to allow a 3% interest rate on loans that include tax credit syndicators or conventional lenders will have no budgetary impact. Recommendation staff recommends that the City council authorize an amendment to the guidelines of the pico Neighborhood Housing Trust Fund; the Citywide Housing Acquisition and Rehabilitation Program; the citywide Housing Trust Fund; and the HOME Investment Partnership Program Guidelines in order to permit the City to set interest rates of affordable housing projects that include tax credits or conventional lenders, with a minimum rate of 3% simple interest. Prepared by: Jeff Mathieu, Director Paula Burrier, Housing and Redevelopment Manager Johanna Gullick, Senior Administrative Analyst Resource Management Department OJCJCJ tu tu l1J [J) III Ul (l) (l) tD nn('1 tu tu lU II> [J) In (l) (l) tD C'D n :; .0 tu .... c -0 tD rl ;::; ..... '< tu lJ: :; CO .... < lU ... 5: 5 ~ _ (l) 3 (t) :::::i - YJ o Oifl 00 o o o .... ...... ~ ~ ...... lJ) .,f:lo ATTACEMENT A )> en Ul C olnS"n~ <.n3~/ii::'~ n__.....'<_ 0......../11-0 3~~~gz _ u cg (') ::I Ul gJ II) -. 0 "'0 _;::+::I3::! 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