New York State Division of Housing and Community Renewal Office of Community Development Annual Performance Review Guide Part I: Desk Review of NPP/RPP Work Plan Activities and One-Third Match Part II: Checklist for Annual Performance Site Visit Part III: Affordable Housing Directory Service Profile These forms are intended to assist the Regional Representative with the review of annual performance. Part I is to be used for the initial desk review of a Company s Annual Performance Report and Part II is to be used at the annual performance site visit. Under the NPP and RPP statutes, a preservation company must demonstrate the following before entering into a succeeding contract: 1. Substantial Completion: The Company must show that it has substantially completed the work plan activities specified in the contract. Substantial completion consists of execution of all work plan activities listed in the agreement with the Division including modifications to this work plan occurring before the end of the third quarter of the program year, or provision of detailed mitigating circumstances supporting effort in the absence of execution of work plan activities. Mitigating circumstances contributing to the company s lack of ability to execute work plan activities include those conditions or events occurring after the end of the third quarter of the plan year that were unforeseen or not within the company s control. All work plan activities and, if applicable, mitigating circumstances must be well documented and in compliance with statutory and reporting requirements. 2. 1/3 Match: The Company must show that it has obtained and expended additional funds equal to one-third of the NPP/RPP award. The matching funds must have been used specifically to defray the cost of the NPP/RPP contract work plan activities. These monies must go through the Company's books. 3. Impact: The Company must have shown that the work plan activities which it carried out had a significant impact on the community s needs as specified in the contract. The purpose of the Annual Performance Report (APR) desk review is to determine whether the Preservation Company has met these three statutory requirements. The APR review process will also identify those companies which, while demonstrating the 1/3 match, substantial completion of their work plan, and impact still show a need for improvement and should be recommended for probation, close monitoring, and/or additional technical assistance. Page 1
The Regional Representative s analysis of the Annual Performance Report is designed to answer four questions: What did the Company say it would do in its Application or Annual Renewal of Funds form (activities and match)? Did the Company do what it said it would do (completion of activities and receipt and expenditure of match)? If not, what were the reasons for non-completion? Were the reasons beyond the control of the Company? Did the Company s activities have a significant impact on the needs of the community as specified in the contract? The purpose of the annual performance site visit is for the Regional Representative to review a Company s files to verify work plan performance, match, and impact as the Company reported in its Annual Performance Report. Page 2
Part I: Desk Review of NPP/RPP Work Plan Activities and One-Third Match Company Name: SHARS ID: _ Contract Term: Date of Review: _ Regional Representative: Program Year: Analysis of Substantial Completion of Work Plan Substantial completion consists of execution of all work plan activities listed in the agreement with the Division including modifications to this work plan occurring before the end of the third quarter of the program year, or provision of detailed mitigating circumstances supporting effort in the absence of execution of work plan activities. Mitigating circumstances contributing to the company s lack of ability to execute work plan activities include those conditions or events occurring after the end of the third quarter of the plan year that were unforeseen or not within the company s control. All work plan activities and, if applicable, mitigating circumstances must be well documented and in compliance with statutory and reporting requirements. 1. Did the Company complete all of the work plan activities? Yes No If yes, skip to Analysis of One-Third Match. If no, continue to question number 2. 2. If answered no to question 1, what work plan activities were not completed? Page 3
3. Please list the mitigating circumstances cited by the Company for non-completion of the activities listed in question 2. Indicate whether the failure to complete was due to circumstances beyond the Company s control, (e.g. unanticipated project delays, change in needs, loss of outside funding, or staff turnover) or due to lack of effort by the Company (e.g. failure to submit a work plan modification). Page 4
4. The Company is able to show acceptable mitigating circumstances beyond its control for all of its uncompleted work plan activities. Yes No If yes, then the Company has demonstrated substantial completion. 5. If the company was unable to provide acceptable, well documented mitigating circumstances for activities not completed, the reviewer should examine the last two completed work plans. Were both years work plans fully completed with no need for the company to provide mitigating circumstances? Yes No If yes, the reviewer should discuss with Regional Director if probation is appropriate. If no, the company should be placed on immediate probation with a plan for technical assistance and monitoring by DHCR. Analysis of One-Third Match 1. Total Match listed in Annual Report: $. 2. Match listed is equal to at least one-third the program year award? Yes No 3. Does the match defray the cost of NPP/RPP work plan activities? Yes No If the response to question 2 or 3 is no, an analysis should be completed to determine if the match will be met by the end of the contract term and sent to the Community Services Bureau. Analysis of Impact 1. Did the Company provide information on how the completed work plan activities impacted on the needs of its service area as stated in the Application for Funds? Yes No 2. Does the information provided on impact appear well-documented and valid? Yes No 3. Based upon your knowledge of the Company s service area, did the work plan activities significantly impact on the community s needs? Yes No If no, the Company is in default. Page 5
Board Composition 1. Does the Board have the required minimum number of members? ( 5 for RPCs, 7 for NPCs Yes No 2. Do a majority of the Board members reside in the Company s service area? Yes No If the response to question 1 or 2 is no, the Company is in default. 3. If there were any changes in Board Composition was DHCR notified within the five days required by policy? Yes No No Changes Page 6
Additional Information 1. Prior Probation: Prior Probation Yes No Type of Probation: Fiscal Performance Dates of Probation / / to / / 2. Observations/Recommendations of Regional Representative: Regional Office Follow-Up Action Dates for any default letters (if required) and reason. Date for probation letter (if required) and reason. Technical Assistance recommended. Fiscal Programmatic Regional Office recommends Technical Assistance be provided by: Page 7
Part II: Checklist for Annual Performance Site Visit Company Name: Contract Term: Regional Representative: SHARS ID: Date of Review: Program Year: The following checklist questions can be used during the Annual Performance Site Visit. The format of the checklist primarily requires a YES or NO response. N/A is to indicate that a particular activity is NOT an activity that the company has contracted for. Persons Present at Site Visit (list titles): What is the median income used by the company to calculate 90% or below of median? Indicate whether the median income used is based on the State, County or municipal median. Issues for Site Visit Letter (state areas needing improvement and/or organizational strengths): Page 8
I. Owner Occupied Housing Assistance Property Rehabilitation & Construction Yes No N/A Comments The company has records of each rehab/development project, including proof of pre-development activities, funding applications files, funds secured, title secured, and construction in progress and/or construction completion. The projects serve a majority of households with incomes at or below 90% of median. Property Maintenance The company has maintained copies of any advertisements/agendas/sign-in sheets for workshops/training conducted. Financial Assistance The company has files for client intake which include the date of assistance, service provided including copy of loan/grant application filed (if filed), income information, client s address, and any follow-up to verify loan/grant award The company s files clearly indicate which loan/grant applications are pending, approved, or disapproved. The company has maintained copies of any advertisements/agendas/sign-in sheets for workshops/training conducted Assistance to Other Organizations & Municipalities ( Owner Occupied) The company has files for program assistance which include a copy of the applications filed, any pertinent correspondence, and the number of households affected at or below 90% of median income. The company s files clearly indicate which loan/grant applications are pending, approved, or disapproved If the company did not file any application but claims work performed for pre-filing, the file has copies of meeting minutes, correspondence etc. to verify the work. The company has files for technical assistance provided which details type of assistance, duration and to whom. Page 9
Comments on Owner Occupied Housing Assistance Activities. Include any substantiation of mitigating factors leading to non-completion, e.g., correspondence, meeting minutes, reports, photos. Page 10
II. Tenant Housing Assistance Property Rehabilitation & Construction Yes No N/A Comments The company has records of each rehab/development project, including proof of predevelopment activities, funding applications files, funds secured, title secured, construction in progress and/or construction completion The projects serve a majority of households with incomes at or below 90% of median. Property Maintenance & Management Tenant files indicate the majority of tenants have income at or below 90% of median. The company has files verifying the # of households in buildings evaluated for management. The company has files verifying the # of households in buildings secured for management. The company has budget to actual operating expenses for projects. The company has maintained copies of any advertisements/agendas/sign-in sheets for workshops/training conducted. If the building is not owned by the NPP/RPP, the company has a contract or other agreement with the owner which includes the amount of the management fees. The company has on file a long-term plan for addressing the shortfall of the buildings it manages and can demonstrate how it has started to implement this plan. The company can demonstrate that management activities are not covered by the project s revenue stream or other sources Tenant Assistance- Individual The company has files for client intake which includes the date assistance provided, service provided including copy of loan/grant application filed (if filed), income information, client s address, and any follow-up to verify loan/grant award. Company s files clearly indicate which loan/grant applications are pending, approved or disapproved Page 11
II. Tenant Housing Assistance - cont d Tenant Assistance: Individual Yes No N/A Comments The company has files for households counseled, and they include information on date assistance provided, service provided, income information and household addresses. The company has files for households provided with housing court assistance, including the date the assistance was provided, income information, tenant s address, and outcome. The company has files for households provided with relocation assistance, including information on date of assistance, verification of tenant income, outcome of assistance provided. The company has files for household evictions prevented and conciliation agreements reached. Tenant Assistance: Association The company has maintained copies of any advertisements/agendas/sign-in sheets for workshops/training conducted on the formation of tenant associations. The company has files documenting assistance provided to tenant groups with the establishment and operation of formal tenant associations, including the number of households assisted. The company has files documenting any procedural assistance provided to tenant associations (e.g. co-op conversions, creation of tenant programs) including the number of households assisted. The company has files documenting its efforts to assist tenants associations with conciliations and building interventions, including the number of households assisted. Assistance to Other Organizations & Municipalities (Tenant-Occupied) The company has files for program assistance which include a copy of the applications filed, pertinent correspondence, and households affected. The company s files clearly indicate which loan/grant applications are pending, approved, or disapproved. Page 12
II. Tenant Housing Assistance cont d Assistance to Other Organizations & Municipalities (Tenant-Occupied) If the company did not file any applications but claims pre-filing work performed, the file has copies of meeting minutes, correspondence etc. to verify the work The company has files for technical assistance provided, which details type of assistance, duration, and to whom Yes No N/A Comments Page 13
Comments on Tenant Housing Assistance Activities. Include any substantiation of mitigating factors leading to non-completion, e.g., correspondence, meeting minutes, reports, photos. Page 14
III. Community Preservation & Renewal Research, Outreach & Development Yes No N/A Comments The company s files include agendas, meeting minutes, summary proceedings and/or surveys. The company has evidence of the results of surveys, e.g., data, reports, or a strategic plan utilizing survey results. The company has maintained copies of any advertisements/agendas/sign-in sheets for workshops/training conducted. The company has copies of any publications/flyers produced. The company s files include information on staff attendance at training and conferences e.g. registration receipts, conference agendas. Training attended by staff was related to work plan activities. Community Renewal: Non-Residential Capital Projects The company has records of each rehab/development project, including proof of pre-development activities, funding applications files, funds secured, title secured, construction start and/or construction completion. The company s files clearly indicate which loan/grant applications are pending, approved, or disapproved. Community Renewal: Non-Residential Technical Assistance (Non-Residential) The company has files for businesses assisted within the service area and they include information on date assistance provided, service provided, and address of the business. The company has meeting agendas and minutes for task forces or committees they participate in related to business re-investment and retention. Page 15
III. Community Preservation & Renewal cont d Community Renewal: Non-Residential Technical Assistance The company s files include information on crime prevention programs it has organized or sponsored, including meeting minutes, workshop, fliers etc. The company s files include crime data/statistics from local law enforcement agencies, other govt. agencies, or community organizations Assistance to Other Organizations & Municipalities (Non-Residential) The company has files documenting loan/grant applications for community preservation & renewal purposes, which it developed and submitted on behalf of other organizations or municipalities The company has files for technical assistance provided to other organizations in the area of community preservation and renewal. The files detail the type of assistance provided, the duration, and to whom. The company s files clearly indicate which loan/grant applications are pending, approved, or disapproved. Yes No N/A Comments Yes No N/A Comments Page 16
Comments on Community Preservation and Renewal Activities. Include any substantiation of mitigating factors leading to non-completion, e.g., correspondence, meeting minutes, reports, photos. Page 17
IV. One-Third Match Verification Yes No N/A Comments The company has on-file proof of matching funds. List source of funds and documents reviewed: The match dollars were expended to defray the cost of the work plan activities in this contract. If part of the match is from in-kind sources, the company demonstrated that the services were provided and the dollar value is the current market value. If a board member is listed as providing in-kind, it is for services that are above and beyond the normal duties of a board member. Page 18
V. Evaluation of Impact Yes No N/A Comments The company has documentation of the impact that its activities have had upon the community s needs as identified in its Application for Funds. Have the activities improved or stabilized the social or economic conditions of the service area? Have the activities had a visible impact in the service area? Have the activities been conducted in collaboration with other not-for-profits, units of government, or private sector organizations? Was the participation of the company evident in its records? Did the company assume a leadership role in the collaborative activities? Page 19
Part III: Affordable Housing Directory Service Profile Company Name: Contract Term: Regional Representative: SHARS ID: Date of Review: Program Year: Attach a copy the company s current service profile from the Affordable Housing Directory. Does the profile accurately reflect the company s current service area, contract information and activities? YES NO If no, make the appropriate changes in the Annual Performance Report. (pages one and two) Page 20