Affordable Homeownership Technical Assistance Toolkit Stewardship Principles Comprehensive Program Assessment Module 1: Program and Business Planning Module 2: Affordable Pricing Module 3: Mortgage Financing of Resale-Restricted Homes Module 4: Marketing and Selection of Affordable Homes Module 5: Resale Formulas, Sales and Resales of Resale-Restricted Homes Module 6: Support, Monitoring and Enforcement Decision Guide Assessment Tool Technical Assistance Tool Pack Module 7: Home Repair and Replacement Reserve Funds The Cornerstone Partnership provides a peer network for homeownership programs that preserve long-term affordability and community stability, helping more hard-working people buy homes today, maintain those homes and keep them affordable in the future. The Cornerstone Partnership is a program of NCB Capital Impact funded by the Ford Foundation. CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Stewardship Principles We strive to scale the affordable homeownership industry through partnerships at local and regional levels and across sectors, bringing together organizations and jurisdictions around common stewardship principles. A public or nonprofit agency should design its program to espouse these principles which are intended to guide the implementation of programs that invest public or philanthropic resources to reduce the cost of homeownership and seek to preserve this public investment for maximum impact. The principles fall into six categories as listed below – the full list of principles is available at www.affordableownership.org. Impact-Driven - Set and track goals that reflect community priorities. Balanced - Build wealth for owners while preserving the community interest. Targeted - Focus on buyers who need help but are likely to succeed. Managed - Steward the public investment to ensure long-term community benefit. Safe - Ensure sound mortgage financing. Understandable - Educate buyers on program requirements. This Decision Guide is meant to be used by a consultant to augment the technical assistance plan resulting from the associated Module Assessment and to inform discussions about best practices. If the program is new and/or has not undergone a Module Assessment, this Decision Guide can be used to help the consultant and program administrator think through questions and policy issues critical to a successful affordable homeownership program. The consultant can draft a final report based on the results from this Decision Guide. Copyright 2010 NCB Capital Impact This toolkit has been developed by NCB Capital Impact based in part on works developed by the National Community Land Trust Network. It is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License. Please see back page for full licensing information. NCB Capital Impact uses its depth of experience, cooperative approach, and diverse network of alliances to generate critical investments that create a high quality of life for low income people and communities. For more information about NCB Capital Impact, go to www.ncbcapitalimpact.org. CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 2 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Monitoring, Support & Enforcement This Decision Guide identifies key issues and raises essential questions for post-purchase support, monitoring and enforcement in an affordable homeownership program. Such monitoring and enforcement works within the relationship the program has built with the homeowner after his/her purchase of a resale restricted home. Each section lists relevant sample documents, worksheets and other useful tools that can be found in the Tool Pack for this Guide. TABLE OF CONTENTS: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. General Use Restrictions Owner Occupancy Renting Additional Liens Payment of Taxes Payment of Home Loan(s) Payment of Insurance Payment of Monthly Program Administration Fees Payment of Homeowner’s Association Dues Refinancing Condition of the Home Improvements to the Home Support, Monitoring and Enforcement TA Tool Pack Sample Monitoring Procedures Sample Annual Letter Sample Post-Purchase Support Activities Sample Enforcement Plan Sample Owner Occupancy Certification Sample Exceptions Request Policy and Form Sample Leave of Absence Form Sample Procedure to Add or Remove a Name in the Homeowner Regulatory Document Sample Leasing Policy Sample Administrative Fee Policy Template Initial Conditions Document Checklist Sample Document Retention Policy Sample Maintenance Policy Sample Improvements Policy CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 3 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 1 General This section deals broadly with ways to support and sustain a positive relationship with homeowners that will help avoid noncompliance issues and make monitoring and enforcement easier. POLICY ISSUES 1.1 CONSIDERATIONS How does the program communicate with homeowners to help minimize noncompliance issues? How often do we communicate with our homeowners? What type of communication do we use? o Informal – newsletter with homeowner resources or home maintenance tips o Formal – an annual letter restating homeowner requirements o Both Any communication with should reinforce and further other program goals, as well as remind homeowners of program requirements (e.g., encouraging home maintenance, providing continuing homeownership education, building community, etc.). 1.2 What level of ongoing support, if any, does the program provide for homeowners? What other types of support do we offer? o Financial education o Assistance with setting up neighborhood watch programs o Tax preparation assistance, information, referrals o Other ___________________________________ Monitoring includes both periodic certification of program compliance – typically through submittal of paper documentation – and physical monitoring via site visits. Programs monitor compliance in order to ensure that they protect affordability, preserve the structural integrity of the homes they assist, prevent the loss of those homes to foreclosure, and retain public credibility for the program. POLICY ISSUES 1.3 Does the program do periodic certification to monitor homeowner compliance? CORNERSTONE PARTNERSHIP CONSIDERATIONS What documentation do we ask for? o Certification of owner-occupancy o Proof of payment of property taxes o Proof of payment of home loan (e.g., copy of year-end loan statement from homeowner; quarterly statement from loan servicer showing loan status) keeping homes affordable and communities strong PAGE 4 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 1.4 What other agencies monitor homeowners or neighborhoods regularly (e.g., agencies that deal with municipal nuisance ordinances) and can the program rely on their monitoring schedule in any way? 1.5 If the program discovers evidence of noncompliance, what does it do? o Proof of payment of homeowner insurance (e.g., copy of receipt or cancelled check) o Proof of payment of HOA dues (e.g., copy of monthly financial statement from HOA; copy of cancelled check showing paid dues or receipt from HOA if one is provided) How often do we require such certification? How cumbersome is it for the homeowner to provide the information and how cumbersome is it for us to review? Do we have a process for selecting and entering into strategic partnerships? What are the action steps in our Enforcement Plan? Under what circumstances do we take the following steps? o Engage enforcement authorities (e.g., Police Department, Sheriff, Health Department, Building Department, Planning and Zoning, etc.) o Force compliance and/or try to compel a resale o Foreclose our loan o Terminate the homeowner’s right of ownership in our program Who provides specialized legal counsel to our program under these circumstances? Performance standards, the right to charge damages/fees, and the right to terminate ownership will vary from state to state and from program to program. The program should identify the time frame for correcting noncompliance issues and specify any monetary charges it would levy. The program should work with its lawyer to draw up a plan for how it will enforce its rights and restrictions under the Homebuyer Regulatory Agreement, and how it will ensure that the methods it chooses for enforcement (e.g., fines) are allowable within state law. CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 5 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Furthermore, the program may want to identify whether there are nonpunitive responses (or up-front incentives) that it can employ to help prevent noncompliance. 1.7 How often does the program complete a paper audit of program files to ensure that its records are complete? What records do we retain? o The documents listed in the Initial Conditions Documents Checklist o Any Exceptions/Waivers granted by the Program Administrator o Periodic certification documents o Other The program should do a regularly scheduled internal audit of its files to ensure they are complete. An affordable homeownership program must track detailed information for each home it subsidizes. This includes – but is not limited to – upkeep, alterations, use, occupancy, financing, resale, subsidy source and restrictions, and subsidy amount invested. Some programs use simple spreadsheet programs to track this type of information, while others use more complex database tools. Related Tool Pack Documents: Sample Monitoring Procedures Sample Annual Letter Sample Post-Purchase Support Activities Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 6 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 2 Use Restrictions It is easier to remind homeowners of use restrictions than to enforce them. Enforcement, if it gets to that point, is likely to require a significant commitment of human resources. POLICY ISSUES CONSIDERATIONS 2.1 Is the program’s monitoring largely neighbor-complaintdriven? Do we have a process for responding to neighbor complaints? Do we have a more active way to monitor use compliance? 2.2 Does the program intervene if there are illegal activities at the home? If so, what actions is it prepared to take? Under what circumstances do we take the following steps? o Engage enforcement authorities (e.g., Police Department, Sheriff, Health Department, Building Department, Planning and Zoning, etc.) o Try to compel a resale o Foreclose our loan o Terminate the homeowner’s right of ownership in our program Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 7 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 3 Owner Occupancy Affordable homeownership programs require owner occupancy, and need to make sure that homeowners abide by that requirement. If they allow deviations from the owner occupancy requirement, they need to specify under what conditions deviations are allowed. Because the program’s reputation and success may be at stake, they also need to be prepared to step in if they discover evidence of noncompliance. POLICY ISSUES CONSIDERATIONS 3.1. What certification documentation does the program require to verify occupancy? 3.2. Is there a trigger that moves the program’s action from a paper audit to a physical site visit? What types of documentation do we collect? o Copy of mobile telephone bill o Copy of utility bill o Copy of tax bill o Proof of payment (such as cancelled check or bank statement) showing address What triggers our need to move from a paper audit to a physical site visit? o Mail is returned-to-sender o Homeowner communication shows a different return address from the program home o Occupancy certification is not returned Paper audits can be carried out by administrative staff. Site visits require a greater commitment of human resources. 3.3 Does the program allow deviations from the residency requirement, and if so, under what conditions? For how long? How do we accommodate real life circumstances that require a deviation from the residency requirement? Do we permit the homeowner to take a leave of absence from the home? During that time, do we permit the homeowner to lease or sublease the home? 3.4 If the program discovers noncompliance, what does it do? CORNERSTONE PARTNERSHIP Do we notify the homeowner of the noncompliance, and provide a time frame for correcting the deficiency? How do we notify the homeowner? If the homeowner fails to correct the noncompliance, what keeping homes affordable and communities strong PAGE 8 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide is our course of action to enforce our rights? Related Tool Pack Documents: Sample Owner Occupancy Certification Sample Exceptions Request Policy and Form Sample Leave of Absence Form Sample Procedure to Add or Remove a Name in the Homeowner Regulatory Document CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 9 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 4 Renting Affordable homeownership programs are just that: homeownership. Such programs need to be prepared with a policy position and associated implementation procedures in the event that a homeowner wishes to rent all or a portion of the home, particularly if the program permits deviations from the occupancy requirement under specified circumstances. POLICY ISSUES CONSIDERATIONS 4.1 Does the program allow the homeowner to rent? Do we allow homeowners to rent part or all of their home? How much do we allow homeowners to charge? 4.2 Do renters need to meet program eligibility criteria? Do we require renters to be in compliance with the other terms of the Homebuyer Regulatory Agreement? 4.3 Does the program place a limit on the rental term? How does the rental term relate to our owner-occupancy requirement? 4.4 Does the program require an addendum to the Homebuyer Regulatory Agreement for renters? How do we address property damage by a renter? 4.5 Does the program require the homeowner to submit a copy of the lease? Are there specific protections or stipulations that we want such a lease to include? 4.6 Does the program intend to intervene if the homeowner has illegally sublet the home? If so, what actions is the program prepared to take? Under what circumstances do we take the following actions? CORNERSTONE PARTNERSHIP o Evict the renter o Pay an innocent tenant’s relocation costs o Charge the homeowner a fine If monitoring leads to enforcement, and requires a significant commitment of human resources, do we have the capacity to enforce compliance? keeping homes affordable and communities strong PAGE 10 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Related Tool Pack Documents: Sample Leasing Policy CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 11 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 5 Additional Liens Affordable homeownership programs must be careful about the types and levels of financial encumbrances they permit on the homes they have subsidized, because they risk their subsidies in deals that fail. POLICY ISSUES CONSIDERATIONS 5.1 How does the program ensure that no additional liens are placed on the home that would prevent title from being transferred free and clear at resale? Do we review title reports for additional liens? How often? Do we have the resources to order and review title reports? If the Program Administrator discovers illegal liens, the program may require that those liens be immediately satisfied in order that the homeowner not be in default of the program restrictions. Title report review requires a commitment of human resources commensurate with the size of the program’s portfolio of assisted homes. Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 12 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 6 Payment of Taxes Because a program has a long-term, non-possessory interest, its investment is at risk if the homeowner fails to pay taxes owed. The program therefore must ensure that taxes are paid, and decide whether and how it will step in if they are not. POLICY DECISION CONSIDERATIONS 6.1 Does the program collect taxes due from the homeowner and pay them as a passthrough to the tax collector? Can we absorb the additional administrative burden this creates? Do our lenders already require a tax impound account? 6.2 As part of its paper monitoring/program certification, does the program require that homeowners provide evidence of their tax payment? Do we require a copy of a homeowner’s tax payment? Is this information available online or can we make arrangements with the assessor to receive a copy? 6.3 If the program discovers the homeowner owes taxes, what does it do? What enforcement options are best for us? o Contact the homeowner to correct the problem o Pay the taxes owed and try to collect the funds from the homeowner through a fee o Pay the taxes owed and place a lien on the home for the amount we paid on the owner’s behalf Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 13 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 7 Payment of Home Loan(s) In the same way that the program has exposure regarding taxes and illegal liens, its investment is at risk if the homeowner fails to make his or her loan payments. POLICY ISSUES CONSIDERATIONS 7.1 How does the program know if loan payments are late, but not yet in default? Do we request that the loan servicer notify us of late payments? How often does our staff check loan status with the servicer? Do we review credit reports for late and missed payments? 7.2 How does the program How do we know that the loan servicer will notify us of a loan ensure that the loan in default? servicer understands the program and the lender’s obligation to notify the program in case of default? It is important to remember that a loan servicer is often a different entity from the loan originator, particularly if the loan has been sold. Many programs require that homeowners sign a Third Party Notification Release at the time of purchase. This gives permission for the Program Administrator to communicate with the lender concerning the loan and requires the lender to notify the Program Administrator in the event of a default. In addition, programs can also require that homeowners provide the Program Administrator with a copy of their year-end loan statement showing year-to-date principal and interest payments. 7.3 Does the Program Administrator communicate with the loan servicer concerning the status of the loan for each assisted home? How many assisted homes do we monitor? Do we have more than one lender and/or more than one servicer? How often do we communicate with loan servicers? 7.4 Does the program communicate with homeowners regarding bank payments? How many assisted homes do we monitor? How often do we communicate with homeowners regarding loan payments? CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 14 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Without proactive monitoring, and an ongoing communicative relationship with the loan servicer, the homeowner may be in arrears two or three months before the program receives a notice of default. 7.5 If the program discovers a homeowner is in arrears, what does it do? 7.6 How does the program minimize the risk of foreclosure? What are our enforcement options if we discover that a homeowner is in arrears? o Work with the homeowner to bring the loan payments current o Work with the loan servicer to see if a workout plan is possible o Make a payment on behalf of the homeowner and place a lien on the home for the amount the program has paid o Work with the homeowner to re-sell the home to an eligible buyer Do we have resources for foreclosure prevention? Are there other organizations with which we partner for foreclosure prevention? 7.7 What does the program do in the event that it has failed to prevent foreclosure? Do we have access to specialized legal counsel to help us explore our options and to work through foreclosure proceedings if necessary? Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 15 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 8 Payment of Insurance Like most of the content covered in this Decision Guide, the subject of insurance is about program exposure and liability. The program must make sure that the homeowner is covered for liability claims (and potentially that the program is named as an additional insured), and that the coverage is sufficient. The bottom line is that the program does not want to risk losing a home back to the open market – in this case, due to an insurance claim. POLICY ISSUES CONSIDERATIONS 8.1 Does the program establish minimum insurance limits for insurance coverage and state those explicitly in the Homebuyer Regulatory Agreement? Do we set minimum insurance limits? How do we know what limits to set? Do we defer to the requirements of the lender? Having insurance limits ensures adequate insurance coverage to protect program investments. Monitoring compliance to insurance limits creates an administrative burden for the program. 8.2 How does the program monitor continuity or sufficiency of insurance coverage? 8.3 If the program discovers that insurance coverage has lapsed or is inadequate, what does it do? CORNERSTONE PARTNERSHIP Do we require that homeowners provide us with a copy of their receipt or cancelled check for payment of insurance premiums? Do we require owners to provide us with a copy of their policy coverage? Do we require that we be listed as additionally insured, which means direct notification from the insurance company? What are our enforcement options if we discover that insurance coverage has lapsed? o Contact the homeowner to correct the problem o Contact the loan servicer to correct the problem (if premiums are paid through escrow) o Pay the insurance owed and try to collect the funds from the homeowner through a fee o Pay the funds owed and place a lien on the home for the amount we paid on the owner’s behalf keeping homes affordable and communities strong PAGE 16 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 17 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 9 Payment of Monthly Program Administration Fees Some affordable homeownership programs charge each subsidized homeowner a monthly administrative fee to offset program costs. Programs may rely on this fee as the basis for an ongoing relationship with the homeowner – in a support capacity to remind homeowners that the program continues to be involved in the homeownership experience and in a monitoring capacity as nonpayment of the fee can indicate a financial problem. In order to cement the gravity of the program’s role as subsidy provider, the program might select various ways to ensure its monthly fee is paid in full and on time. POLICY ISSUES CONSIDERATIONS 9.1 Does the program charge an administrative fee? Do we charge an administrative fee? Do we have the staff and system capacity to track a fee? 9.2 Does the program have an incentive for early payment of the administrative fee? What kind of incentive do we offer for early payment? Do we have the administrative capacity given that certain incentives could create an administrative burden for us (internal tracking system)? 9.3 Does the program impose a fee for late administrative payments? What constitute s late payment of our monthly administrative fee? Do we have a fee for late payment? How much do we charge? At what point do we charge? Do we have the administrative capacity given that imposing a fee creates an administrative burden for us (internal tracking system)? For programs that charge an administrative fee, the fee can function as a proverbial canary in a coal mine, providing some forewarning of financial difficulties if a homeowner gets behind in his/her administrative fee payments. Imposing a late fee increases financial burden for homeowners who are already struggling to make payments. 9.4 At what point does the program consider the homeowner to be in default? CORNERSTONE PARTNERSHIP When do we consider a homeowner to be in default? Do we notify homeowners that they are in danger of being held in default? keeping homes affordable and communities strong PAGE 18 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 9.5 If a homeowner fails to pay his/her administrative fee, what does the program do? 9.6 At what point does the Program Administrator send a letter of default to the homeowner and to the lender? What are our enforcement options if a homeowner fails to pay the administrative fee? o Place a lien on the home for the administrative fees owed o Communicate with the homeowner about a possible resale of the home o Initiate foreclosure proceedings Do we notify the lender of homeowner default on administrative fees? Is the lender likely to accelerate its loan if we notify the lender of a default? Related Tool Pack Documents: Sample Administrative Fee Policy CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 19 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 10 Payment of Homeowner’s Association Dues The program may or may not want to be involved in the homeowner’s relationship with his/her homeowner’s association, if the home is a condominium. This section addresses some of the issues inherent in the program’s status as an outside (but interested) party to that relationship. POLICY ISSUES CONSIDERATIONS 10.1 Does the program monitor HOA payments? What is the goal of our monitoring HOA payments – to protect the homeowner from unfair charges or to ensure the homeowner is staying current with paying HOA dues? Some programs do not monitor HOA dues, and do not consider themselves party to any negotiations concerning HOA dues levels or payments (e.g., City of Denver Affordable Homeownership Program). Some programs consider this a relationship between the homeowner and the Homeowner’s Association, not between the homeowner and the program. Therefore, privacy issues come into play. If the program wants to monitor HOA dues, it can request a copy of the monthly account statements from the HOA, if sufficient detail is provided. The program can also request a copy of the cancelled check or a receipt from HOA showing dues have been paid. 10.1 If the program learns that HOA dues are in arrears, what does it do? Do we get involved in negotiating an HOA payment or stay out of the relationship? Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 20 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 11 Refinancing If the program permits refinancing, it needs to ensure that homeowners do not refinance their homes outside of its allowed policies and procedures. In addition, it needs an enforcement plan if they do refinance against policies and procedures. POLICY ISSUES CONSIDERATIONS 11.1 How, and how often, does the program monitor home refinancing? What is the number of homes we are trying to monitor in this fashion? Can we handle the added administrative burden? Is a local title company willing to pull title reports gratis? Proud Ground, in Portland, Oregon, works with a title company to pull and review a title report for each land trust property every year. 11.2 If the program discovers unpermitted refinancing, what does it do? What are our enforcement options if we discover unpermitted refinancing? o Require the homeowner to refinance again, in accordance with our policies o Require that the subsidy be repaid The resale formula would still be in effect after refinancing. If the homeowner needs to re-sell before he/she has built sufficient equity in the home, he/she might need to bring cash to closing. Some programs (e.g., Lawrence Community Housing Trust) that use a deed covenant as the Homebuyer Regulatory Agreement hold a second mortgage for the value of their subsidy. This may be helpful in program enforcement because the program can call its note in the case of unpermitted refinancing. Related Tool Pack Documents: Sample Monitoring Procedures Sample Enforcement Plan CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 21 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 12 Condition of the Home The program has pledged to ensure its subsidized homes remain affordable over the long term. The program’s monitoring needs to ensure that protection of affordability goes hand-in-glove with preservation of each home’s structural integrity. POLICY ISSUES CONSIDERATIONS 12.1 Does the program monitor the home itself via a drive-by or site visit? If so, how often? 12.2 What goals does the program have for the homes it has assisted, in terms of preservation and upkeep? How do we support our program goals for preservation and upkeep? Do we provide any supporting information about maintenance (e.g., proactive communications regarding home maintenance)? Do we provide any financial support for home maintenance? Are there triggers that move us from a paper audit to an onsite inspection? What privacy issues are at stake? What rights do homeowners have? Most programs and organizations aren’t doing physical inspections under any circumstances for practical reasons – limited staff resources, scattered sites, etc. However, it may be valuable for the program to consider circumstances under which a site visit would make sense. For example, the following situations might trigger a site inspection: Receipt of homeowner’s Notice of Intent to Sell Notification of unusual or illegal activity at the home Notice that the homeowner is refinancing Notice of default from the lender Paper audit identifies potential lack of compliance with residency requirement Site monitoring requires a significant commitment of staff time. 12.3 How does the program What documentation do we need if we are required to establish a baseline for defend our restrictions in court? the initial condition of an assisted home? Complete documentation as to the home’s initial condition is important under the following circumstances: If a program wishes to compel a homeowner to address deferred maintenance needs, it needs to be able to demonstrate the condition of the home at initial purchase and prove that it has not been properly maintained. CORNERSTONE PARTNERSHIP If a program’s resale restriction provides any form of credit for capital improvements or home maintenance, it should retain on file the initial inspection report and the appraisal, with keeping homes affordable and communities strong PAGE 22 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide photographs of the home. 12.4 What does the program do if its efforts do not work and there is deferred maintenance? Do we provide any financial support for maintenance expenses? If so, is it in the form of grants or loans? What are our enforcement options? o Let the market correct for poor condition (e.g., home returns less value to the seller at resale, if it is an appraisal- based formula or if there are deductions for poor condition) o Rely upon lender requirements (e.g. the home cannot be financed by the buyer unless certain components are fixed) (Do we then dictate who pays for repairs/deferred maintenance or let the buyer and seller negotiate?) Related Tool Pack Documents: Template Initial Conditions Document Checklist Sample Document Retention Policy Sample Maintenance Policy CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 23 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide 13 Improvements to the Home It is natural for homeowners to want to personalize their homes. This may entail some simple alteration like changing the paint colors or an improvement far more dramatic like finishing the attic into living space or building an addition. The program must clarify its policies on alterations and home improvements and be prepared to track the details. It is particularly critical if the resale formula includes an improvements credit. POLICY ISSUES CONSIDERATIONS How do we define improvements? What are our limits on improvements? Do we track the cost or value of improvements? Do improvements need to be approved by our program – if so, which ones? 13.2 How does the program ensure that the home remains affordable to future eligible buyers? Do we track the cost or value of alterations? Do we set an affordability cap? How do we keep the administration simple? 13.3 How does the program ensure that homeowners are capable of financing and completing any proposed improvements? Do we establish a means test? If so, how? What do we do if a homeowner is ultimately unable to complete an improvement project on his or her home? 13.4 Does the program track home improvements for the purpose of determining the resale price? Do we require copies of records, plans, building permits or certificates of completion? Do we require copies of estimates or receipts? 13.1 Does the program impose limits on improvements? Related Tool Pack Documents: Sample Improvements Policy This completes the Decision Guide for Module 6: Support, Monitoring and Enforcement. CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 24 www.affordableownership.org MODULE 6: Monitoring, Support & Enforcement Decision Guide Licensing Information Copyright 2010 NCB Capital Impact This toolkit has been developed by NCB Capital Impact based in part on works developed by the National Community Land Trust Network. It is licensed under a Creative Commons Attribution-Share Alike 3.0 United States License. Please see back page for full licensing information. You are free: to Share — to copy, distribute and transmit the work to Remix — to adapt the work Under the following conditions: Attribution — You must attribute the work in the manner specified by the author or licensor (but not in any way that suggests that they endorse you or your use of the work). Share Alike — If you alter, transform, or build upon this work, you may distribute the resulting work only under the same, similar or a compatible license. With the understanding that: Waiver — Any of the above conditions can be waived if you get permission from the copyright holder. Other Rights — In no way are any of the following rights affected by the license: o Your fair dealing or fair use rights; o Apart from the remix rights granted under this license, the author's moral rights; o Rights other persons may have either in the work itself or in how the work is used, such as publicity or privacy rights. Notice For any reuse or distribution, you must make clear to others the license terms of this work. The best way to do this is with a link to the web page below. To view a copy of the full license, visit http://creativecommons.org/licenses/by-sa/3.0/us/ or send a letter to Creative Commons, 171 Second Street, Suite 300, San Francisco, California, 94105, USA. CORNERSTONE PARTNERSHIP keeping homes affordable and communities strong PAGE 25 www.affordableownership.org
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