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SR-407-000-03 (6) RM:Housing:BM:TR:housing/share/word/staffreports/SB637AGENCYFindings.doc Agency Meeting: December 17, 2002 Santa Monica, California TO: Chairperson and Redevelopment Agency Members From: Agency Staff Subject: Adoption of Resolution Authorizing Executive Director to Make Findings Concerning Use of Commercial and/or Private Financing for Affordable Housing Developments Funded by Agency Introduction This report recommends that the Redevelopment Agency adopt a resolution authorizing the Executive Director to approve findings concerning attempts to obtain commercial and/or private financing for projects involving new construction or substantial rehabilitation in which redevelopment project area housing set aside funds (“Housing Funds”) will exceed 50% of the cost of producing the units. Background Effective January 1, 2002, Assembly Bill 637 set forth new requirements concerning the use of redevelopment funds for affordable housing involving new construction or substantial rehabilitation. In particular, Section 33334.3(j) of the amended Health and Safety Code requires that where Housing Funds will exceed 50% of the cost of producing affordable units, the Agency must find, based on substantial evidence, that the use of Housing Funds is necessary because the Agency or the owner has made a good faith attempt but has been unable to secure commercial or private means of financing the same level of affordability and quantity. The purpose of this requirement is to maximize use of outside financing—otherwise known as “leveraging”. 1 Discussion Leveraging of private financing (i.e., conventional bank loans) for affordable housing projects has been a common practice of the Agency. Of the 21 Agency loans issued during the last five years, 17 (81 %) included conventional bank financing. The average amount of conventional debt on these projects was approximately $360,000. Commercial financing comprised an average 12% of the cost of developing these projects. Generally, it is not possible to achieve higher levels of commercial financing in affordable housing projects in Santa Monica due to the combination of high development costs and limited rental income. Rents are limited for purposes of targeting low- and very low-income households. Some projects lack sufficient rental income to qualify for any commercial financing. In general, banks are reluctant to provide financing for a project unless the project can support a mortgage of more than $100,000 to $150,000. Whether or not projects are able to secure commercial financing, it is extremely unlikely that any project would ever have sufficient rental income to support commercial financing anywhere near 50% of the cost of producing the units. For this reason, staff anticipates that virtually all projects involving new construction or substantial rehabilitation and receiving Housing Funds will be subject to the findings requirements of Section 33334.3(j) of the Health and Safety Code. Due to the frequency of such projects, staff recommends that the Agency authorize the Executive Director to make findings on behalf of the Agency. By delegating approval of these findings to the Executive 2 Director, staff will also be able to make financial commitments to allow the acquisition of properties that have abbreviated escrow timeframes due to the competitive real estate market. The proposed Resolution shall expire on December 31, 2003. The Resolution shall require that reports be provided to the Agency on a project-by-project basis documenting compliance with Health and Safety Code Section 33334.3(j). Staff also intends to present this information in summary form to the Agency at the end of each year as part of the Redevelopment Agency Annual Report. A summary of findings to be made by the Executive Director for each project meeting the criteria set forth in Section 33334.3(j) is attached to the resolution. Budget/Financial Impact The recommendation will not have budgetary or financial impacts. Recommendations It is recommended that the Agency adopt the attached resolution authorizing the Executive Director to make the findings required by Section 33334.3(j) of the Health and Safety Code. Prepared by: Jeff Mathieu, Director Resource Management Dept. Bob Moncrief, Housing Manager Tina Rodriguez, Redevelopment Administrator Tad Read, Housing Administrator Attachment: A – Resolution 3 4 5