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1

1) Welcome 2) What s New? 3) General Overview: - Program Funds Available - Schedule - Application Materials www.nyshcr.org 2

4) UF Review Process 5) Early Awards 6) UF 2012 Funding Initiatives 7) M/WBE 8) Program Information www.nyshcr.org 3

9) Underwriting 10) Architecture & Engineering 11) Common Application Flaws 12) Technical Assistance 13) Questions & Answers www.nyshcr.org 4

Early Award Applications Developer Fees for Project Based Vouchers Credit & Lexis/Nexis Report Requirements for Development Team Members HOME Program Changes Utilization of Debarred Contractors prohibited Increase LIHC Supportive Housing Set-Aside Revised Standards for Accessible & Adapted Units www.nyshcr.org 5

Submit a complete application by 5 pm, October 25, 2012 Demonstrate that the project will be able to proceed to construction within 120 days of award and past performance The application will clearly advance one of the following State housing goals Pre-Application Meeting Required www.nyshcr.org 6

Early Awards Revitalization & Economic Development Goals Priority Projects Identified in Regional Economic Development Plans Project specifically endorsed in Regional Economic Development Council Strategic Plans and awarded funds. Fort Drum Impact Area Projects Family projects that serve the Fort Drum Impact Area. Demonstrate readiness to complete construction and rent-up by the summer (June 21 st ) of 2014. Flood Relief Projects Demonstrate that there was significant loss of housing within a one mile of project AND contribute to the revitalization of the impacted community. Demonstrate readiness to complete construction and rent-up by the summer (June 21 st ) of 2014. Letter of support required. www.nyshcr.org 7

Early Awards Revitalization & Economic Development Goals Mixed-Income/Mixed-Use Upstate Revitalization Projects Mixed-use and mixed-income housing that will contribute to the revitalization of a downtown area or mixed use neighborhood. Projects must be part of a targeted local community development plan and must have clear local support and resources. UI/RARP priority. Mixed-Income Cross-Subsidized Projects - Propose affordable units that are part of a larger market-rate development in areas experiencing considerable housing revitalization and reinvestment. Affordable units cannot exceed 30% of overall units and must be subsidized through a significant contribution from the market-rate units. Maximum rents in low-income units must be significantly more affordable than the development s comparable market-rate units. www.nyshcr.org 8

Early Awards Revitalization & Economic Development Goals Lead Abatement Projects Projects which propose the rehabilitation and lead abatement of existing rental housing in zip codes identified by the NYS Dept. of Health as having significant concentrations of children with elevated blood lead levels. At least 50% of project units must involve the rehab and lead abatement of existing rental units. www.nyshcr.org 9

Early Awards Supportive Housing Goals Supportive Housing Projects for Veterans with Special Needs - Supportive Housing Projects, as defined in Section 2040.2(v) of the DHCR QAP, which evidence a coordinated State investment. Must clearly document a firm commitment of service, operating, and development financing from State funding partners. Services plan must specifically address the unique needs of veterans. NYS OPWDD Leveraged Supportive Housing Projects Preference in tenant selection for persons with development disabilities for up to 20 percent of a project s total units. Must have firm commitments from the New York State OPWDD for operating, supports, services, and development financing for special needs units. www.nyshcr.org 10

Early Awards Workforce Opportunity Goals Housing Opportunity Projects Family projects in areas experiencing economic growth served by high performing school districts. Projects must be located in areas that have stable or growing tax bases and must also be in close proximity to public transportation, child care, and employment opportunities. Projects must be located in areas that have low rental vacancy rates and a high percentage of renters paying 30% or more of their household income on housing. Transit Oriented Development (TOD) Family projects in close proximity to Metropolitan Transit Authority (MTA) rail stations outside NYC, or which are in communities that have completed and are implementing TOD plans that will clearly link the proposed project to expanded transportation choices for tenants. www.nyshcr.org 11

HOME $11,000,000 Low-Income Housing Credit (LIHC) $25,000,000 NYS Low-Income Housing Tax Credit (SLIHC) $4,000,000* Housing Trust Fund (HTF) $32,000,000* Urban Initiative (UI) $400,000 Rural Area Revitalization Initiative (RARP) $1,100,000 Infrastructure Dev. Demonstration Program (IDDP) $250,000 Section 8 Project Based Vouchers (PBV) 100 vouchers *Subject to available appropriations/legislative approval www.nyshcr.org 12

August 8, 2012: Notice of Funding Availability (NOFA) September 5, 2012: Notice of Credit Availability (NOCA) September 2012: Application Workshops 9/19-ROC 9/20-ALB 9/21-NYC Prior to October 25, 2012 (Early Award) & November 29, 2012 (Regular Round): Technical Assistance available October 25, 2012: Early Application Due November 29, 2012: Regular Application Due December 2012: Early Awards Anticipated March 2013: Regular Awards Anticipated www.nyshcr.org 13

1. UF 2012 Request for Proposals (RFP) 2. UF 2012 Project Application CD Online 3. Capital Project Application On-Line Instructions 4. Design Handbook 5. Capital Programs Manual (CPM) 6. DHCR s Low-Income Housing Credit Qualified Allocation Plan (DHCR QAP) www.nyshcr.org 14

7. NYS Low-Income Housing Tax Credit Article 2-A Public Housing Law (SLIHC) 8. NYS Low-Income Housing Tax Credit Program (SLIHC) Regulation 9 NYCRR Part 2040Section 2040.14 9. Green Building Criteria Reference Manual 10. UF 2012 Reference Materials 11. UF 2012 Capital Application Slideshow; and 12. Pre-Qualified Market Study Firms List www.nyshcr.org 15

Completeness Eligibility Rating Feasibility Reviews Selection Criteria Awards www.nyshcr.org 16

Green Building Initiative (HTF/HOME) Energy Efficiency Initiative (HTF/HOME) Project Based Voucher Program Initiative (PBV) www.nyshcr.org 17

Article 15A of the Executive Law promotes economic opportunities and equality of employment for minority group members and women in State contracting activities. HCR fully supports these efforts and the Office of Fair Housing & Equal Opportunity s mission is to coordinate and monitor compliance with Article 15A. Preference in awards given to applications which include NYScertified M/WBE as part of development team Award decisions include consideration of applicant s past and current performance, including M/WBE performance Questions on the M/WBE program requirements can be sent to OFHEO@nyshcr.org. www.nyshcr.org 18

UF 2012 HOME available $11 million Project Cap - $2 million: more if project meets criteria listed in UF 2012 RFP Per Unit Subsidy is limited-see UF 2012 Reference Materials Permanent financing available rental residential projects only 15% of HOME funds must go to CHDOs Applicants applying as a CHDO must have a CURRENT certification www.nyshcr.org 19

Must be used to assist households < 80% of AMI Davis-Bacon compliance required for projects with 12 or more HOME assisted units For more info refer to CPM Section 2 on HCR s website. www.nyshcr.org 20

Changes are required per the Consolidated and Further Continuing Appropriations Act of 2012 Act requires that the new requirements be immediately implemented for FFY 2012 HOMEfunded activities Projects must be completed in 4 years or $$ must be repaid to HUD www.nyshcr.org 21

HUD may grant a one year extension if they determine failure to complete was beyond the PJ s control All projects must be underwritten, developer capacity and fiscal soundness assessed PJ must certify that these actions have been completed for each project See HUD site for more details https://www.hometa.info/index.cfm?do=viewwebi nartrainings www.nyshcr.org 22

CHDO staff must have experience developing projects similar to the one for which funds are being requested HTFC may only provide FY 2012 HOME funds to CHDOs with experienced development staff CHDO staff must be paid employees: staff does NOT include volunteers, board members, consultants CHDO certifications must now be done annually www.nyshcr.org 23

CHDOs recertified or have initial certification < one year before 2012 application deadlines submit only documentation per the new HUD requirements for staff experience and capacity Existing CHDOs with certification more than one year old before deadlines must submit all materials required for new certification including experience and capacity CHDO requirement criteria can be found in 2012 Reference Materials on HCRs website www.nyshcr.org Further assistance contact Tom Koenig, HOME Program Director at tkoenig@nyshcr.org or (518) 486-7682. www.nyshcr.org 24

Subject to the availability of appropriations, HDF Program loan funds may be available to provide construction financing to eligible not-for-profit applicants who propose to use HOME or HTF funds as one of the sources of permanent financing for a UF 2012 project. Applicants interested in pursing HDF are strongly encouraged to have a pre-application meeting with our regional office staff. www.nyshcr.org 25

UF 2012 HTF available $32 million Project cap - $2 million; more if project meets one of UF 2012 RFP- listed criteria HTF per unit cap - $125,000 Permanent and/or construction financing available, residential only Must benefit households < 90% of AMI (in NYC < 80% of AMI) Preference for projects with a substantial number of units < 50% AMI www.nyshcr.org 26

Up to 10% of HTF award for a community service facility Non-profit developer fee greater of 10% of TDC less acquisition or $2,400/$3,000 per unit depending on location Up to 50% of HTF award for cost of acquisition For more info see CPM Section 2 on HCR website www.nyshcr.org 27

UF 2012 LIHC available: $25 million LIHC max. per project Standard project: $1.43 million Project w/50% or more units for large families or persons with special needs (w/supportive services): $1.65 million LIHC max. per unit: $22,000 Must benefit households < 60% AMI For acquisition, rehabilitation and new construction of residential units www.nyshcr.org 28

Preservation Projects: Up to $3.3 million (QAP Sect. 2040.2(r)) High Acquisition Cost Projects (Preservation Projects with 25% minimum acquisition): No more than $1 million (QAP Sect. 2040.2(j)) of the preservation setaside Supportive Housing Projects: Up to $4 million (QAP Sect. 2040.2(v)) www.nyshcr.org 29

Credit Application Fee o$3,000 per application o$6,000 if both LIHC & SLIHC are requested Non-Profit Deferral Allocation Fee o8% of 1 st year s allocation amount www.nyshcr.org 30

The federal Housing and Economic Recovery Act of 2008 (HERA) set fixed credit applicable percentage of 9% for determination of qualified basis For new construction/rehabilitation of nonfederally subsidized buildings This HERA provision sunsets for projects placed in service after December 30, 2013 For such projects, applicants should use unadjusted monthly credit rate (October or November) in calculating LIHC application request amount. www.nyshcr.org 31

SLIHC available: $4 million SLIHC max. per project: $750,000 SLIHC max. per unit: $ 20,000 Program modeled after LIHC except units affordable to households < 90% AMI www.nyshcr.org 32

Joint LIHC/SLIHC deals should not request the maximum under each program HCR preferences: Leveraging!!! Mixed Income projects (at least 15% or more of the project units above 60% of AMI) www.nyshcr.org 33

Replacement Reserve Requirements Annual replacement reserve funding for all applications requesting LIHC and/or SLIHC, including blended projects also requesting HTF: $250 per unit annually Capitalization equal to $1,000 per unit is also required & must be included in the development budget www.nyshcr.org 34

Replacement Reserve Requirements HTF/HOME Stand-alone Projects.50 % of total construction cost, capped at a maximum of $800 per unit for family projects; and $400 per unit for senior projects www.nyshcr.org 35

Applications Requesting Section 8 Project-Based Voucher Assistance Subject to Subsidy Layering Review (SLR) as required by HUD SLR administrative guidelines (FR-5417-N-01) HUD SLR guidelines set limits on builder s fees, developer fee, and project cash flow The more restrictive of HUD or HCR limits will be applied in the feasibility underwrite of all applications proposing PBV assistance Refer to CPM Section 5.07 for summary of SLR requirements www.nyshcr.org 36

Applications Requesting Section 8 Project-Based Voucher Assistance Developer Fee Limits HUD SLR guidelines set a 12% safe harbor limit for developer fee & maximum of 15% Developer Fees over the 12% safe harbor must be justified by special circumstances HCR will give selection priority to projects that propose a developer fee at or below the HUD safe harbor standard of 12% www.nyshcr.org 37

Refer to Section 5 of the Capital Programs Manual for specific project underwriting criteria Technical assistance prior to application submission strongly encouraged Contact Regional Office staff to request underwriting review of project pro-formas www.nyshcr.org 38

Revised Design Handbook o Design changes & clarifications to both the building design and unit design o Technical updates & clarifications to the specification requirements www.nyshcr.org 39

Mandatory Green items must be satisfied before project can qualify for scoring points: o Initial threshold criteria items A1-A8 Must be clearly addressed in plans & specs Don t just check the box o Green development plan This ties it all together and helps reviewers understand what s being proposed Must be submitted with the application www.nyshcr.org 40

Mandatory Green items must be satisfied before project can qualify for scoring points: o Surface water management plan (plans & specs) o Green building operation plan Not submitted in application; explain it in the green development plan www.nyshcr.org 41

LIHC/SLIHC Scoring points (competitiveness) HTF/HOME Scoring points (competitiveness) Energy Efficiency Initiative and Green Building Initiative Allows for an increased award of up to $2.4 million www.nyshcr.org 42

Energy Efficiency Options: onyserda Programs: Multifamily Performance Program Low-rise Residential New Construction New York Energy Star Certified Homes New York Energy Smart designation NY Assisted Home Performance with ENERGY STAR www.nyshcr.org 43

o Other options: Conform to EPA ENERGY STAR Multifamily High Rise Program Conform to EPA ENERGY STAR New Homes Program For moderate rehabilitation/preservation projects: Reduce overall energy usage by 20% Meet current energy code for new buildings www.nyshcr.org 44

For projects proposing 10%/5% of units accessible for mobility impaired and 4%/2% of units accessible for hearing/vision impaired: o A written commitment from a service provider to refer tenants and to provide appropriate services must be provided. o Modifications to the roll-in shower requirements are being considered. Default standard roll-in shower, unless utilization plan from service provider indicates other applications more appropriate. www.nyshcr.org 45

Must request an AE site visit no later than 30 days prior to the application deadline. Set up the site visit through the regional office. o Must provide a draft of the Physical Needs Assessment Form for the site visit Refer to the Design Handbook Appendix F - HTFC Preservation Standards when determining the Physical Needs Assessment scope of work Use the correct application attachment o B6 for LIHC and/or SLIHC stand alone projects o B13 for HTF projects www.nyshcr.org 46

CPM Sec. 5.03.01 says applicant must have site control at application Site control also deemed eligible if an entity controlled by the applicant has site control; proper documentation will be required in application which demonstrates a legal/organizational relationship between applicant and affiliate Site control for each site or building proposed must be shown www.nyshcr.org 47

Examples of Ineligible Site Control Applicant is not listed as owner in site control documents Affiliate of applicant has site control but no information provided showing control relationship between applicant and affiliate Option agreements wherein it is not clear if the option extension payments have been made up to application or up to 6 months beyond application date Per HTF statute Housing Authorities must own the proposed project/building after July 1, 1986 Scattered site project wherein site control is not established for all proposed sites Failure to execute all documents where applicable www.nyshcr.org 48

For potential applicants and awardees through: o HCR Regional and Technical Unit staff For assistance with the application system Community Development Online (CD Online) o Contact the MSR Unit at (518) 473-2525 www.nyshcr.org 49

Buffalo Regional Office Electric Building, Suite 105 535 Washington Avenue Buffalo, New York 14203 Leonard Skrill, Upstate Director of Development (716) 847-3926 (518) 461-6591cell Kristen Slaiman, Senior Project Manager (716) 847-3085 Daniel Peters, Project Manager (716) 847-7132 Syracuse Regional Office 620 Erie Boulevard West, Suite 312 Syracuse, New York 13204 Lois Holden, Senior Project Manager (315) 478-7179 x 219 Kathleen Karpinski, Senior Project Manager (315) 478-7179 x 217 www.nyshcr.org 50

Capital District Regional Office Hampton Plaza, 2nd Floor 38-40 State Street Albany, New York, 12207 Robert Shields, Senior Project Manager (518) 486-5013 James Armstrong, Senior Project Manager (518) 486-5011 John Serio, Senior Project Manager (518) 473-6959 New York City Regional Office 25 Beaver Street, 7 th Floor New York, NY 10004 Earnest Langhorne, Downstate Director of Development (212) 480-7473 Michael Ferguson, Senior Project Manager (212) 480-7494 www.nyshcr.org 51

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