§ 114-73. Administration.

1)

This program shall be administered by the Collier County Housing, Human and Veteran Services Department (HHVS), or its representative/designee, hereinafter referred to as "Department."

2)

The Department shall be responsible for:

a)

Identifying potential homeowners.

i)

Potential participants for the program will be identified through the following activities:

ii)

In accordance with F.S. § 420.9075(4)(b), if the Department has a waitlist, the participants will be contacted in the order they were placed on the waitlist. In the absence of a waitlist, the Department will advertise in a newspaper of general circulation and periodicals serving ethic and diverse neighborhoods announcing the program and the availability of funds for rehabilitation services.

iii)

The Department will contact local non-profit, community-based organizations in the county through outreach activities to locate potential program participants.

iv)

Florida Statutes § 420.9071, as amended from time to time, defines community-based organization as "...a non-profit organization that has among its purposes the provision of affordable housing to persons who have special needs or very low-income persons, low-income persons, or moderate-income persons within a designated area, which may include a municipality, a county, or more than one municipality or county. A community housing development organization established pursuant to 24 CFR, Part 92.2, and a community development corporation created pursuant to F.S. ch. 290, are examples of community-based organizations."

v)

The Collier County Code Enforcement Department can refer potential clients that have been cited with violations of Collier County Housing Code Ordinance No. 89-06, as amended, to the Department. The Department will determine the individual/family interest in participating in the program and whether the potential participant is income eligible to participate in the program, pursuant to the requirements set forth below.

vi)

The homeowner(s) will be accepted on a first come, first served, first qualified basis.

b)

Determine homeowner eligibility.

i)

All homeowners in this program must have fee simple ownership of the owner-occupied dwelling unit for which residential rehabilitation services are requested.

ii)

Where there are co-owners for a property, each co-owner is required to participate in the application process, the income eligibility determination process which includes household income and asset certification and third party verification, and the secondary mortgage/lien application and closing process.

iii)

Accepting and processing applications for rehabilitation services.

iv)

All potential homeowners must complete the program application.

v)

The application form shall be used to document the general information regarding the potential homeowner which will include, but not be limited to, ownership status, number of residents living in the housing unit, previous residences, employment history, and all financial assets owned by the households.

vi)

The application must be signed by all parties with an ownership interest in the property.

vii)

The application for housing assistance shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

viii)

All potential homeowners must sign the "Income Certification."

ix)

Income certification. This form is required documentation for any program utilizing the monies as a funding source. Information contained herein relates to anticipated household income, assets, and household data. A copy of the income certification form will be maintained in the borrower's permanent file.

x)

Documentation of income sources for each household resident or other immediate family member over 18 years of age must be provided for the last 12-month period preceding the date of the application. Household income may not exceed 120% of the area median income as adjusted to family size and published annually by HUD/FHFC.

xi)

Adequate documentation may include, but not be limited to, the most recent year's federal income tax return.

xii)

Failure to disclose and report all sources of household and family income during this process will result in disqualification for a residential rehabilitation loan.

xiii)

The income certification shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner Occupied Rehabilitation Program.

xiv)

For purposes of this program, assets shall include, but not be limited to, real property other than the property to be rehabilitated under this program, savings, stocks, bonds and other forms of capital investment, excluding interests in Indian trust land and equity in a housing cooperative unit.

c)

Accept and Process Applications.

i)

All homeowners must provide adequate information so that a current "third party verification of employment form" can be completed in a timely manner by their employer.

ii)

All household members 18 years and older must complete and sign the form's authorization portion (if applicable). Homeowners must provide their employer's name, address, phone number and contact information.

iii)

Employer is requested to complete the third party verification of employment information form, and sign the document, and return the document by mail or fax to the Department. If not supplied after reasonable attempts, alternative documentation is allowed.

iv)

Applications will not be considered complete until the verification of employment form has been signed and delivered to the Department.

v)

Third party verification of employment information forms returned to the Department by potential participants will not be accepted for use in the program.

vi)

The third party verification of employment form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

vii)

Where a homeowner or household member 18 years and older is unemployed at the time that application is made to participate in the Collier County Owner-Occupied Rehabilitation Program, the form entitled "unemployed affidavit" shall be completed, signed, and notarized by the household member.

(1)

If a homeowner becomes employed during the course of the program application or during the rehabilitation phase if after the 120th day of income certification process, the homeowner must report said employment to the Department within 30 days of gaining employment, excluding holidays and weekends, and complete a new third party verification of employment form, referred to above.

(2)

The unemployed affidavit shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

viii)

If homeowners or any member of the household is receiving any form of public assistance, the form entitled "third party verification of benefits" must be completed as part of the application process.

ix)

The total amount of public assistance that is provided to each individual residing in the household must be documented on the third party verification of benefits form.

x)

The "verification of benefits" form must include all sources of public assistance funds for all household members.

xi)

The verification of benefits form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

xii)

Other verification forms may be developed and used from time to time by the Department in the course of the program in order to obtain third party verification of all sources of income and verification of all assets claimed by an applicant or other household resident and/or member making application to the program, to include, Social Security, Unemployment Benefits, Veteran Benefits, Worker's Compensation, State and Private Retirement Benefits, annuities, disability or death benefits, and severance payments.

xiii)

Refusal by a homeowner to provide information to the Department regarding sources for third party verifications for income and assets shall be considered sufficient grounds for a negative determination of program eligibility.

3)

Applicant eligibility determination.

a)

The Department will maintain a program file for each homeowner that will contain all related homeowner applications, verifications, references, credit histories, and other related documents.

b)

Homeowners must have made at least 12 monthly consecutive mortgage payments on their current homestead property immediately prior to the application date to qualify under this program, also, there can be no more than one delinquency in this 12-month period.

c)

Each homeowner and household member 18 years and older must sign an "authorization for the release of information" form.

i)

Use of this form is restricted to the Department, its grantors, or a participating local financial institution, as required and permitted by law.

ii)

The authorization for the release of information form shall be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

d)

Homeowner eligibility determination shall include verification of homeowners ownership of the property to be rehabilitated and disclosure of mortgages to lending institutions.

i)

Where applicant homeowner owns title to the property to be rehabilitated, homeowner shall provide a copy of the property deed to the Department. The home may not have a restriction or encumbrance that would impair the good and marketable nature of title to the ownership interest. County property taxes and assessments must be current.

(1)

The Department or homeowner will obtain a copy of the deed by which homeowner acquired title of the property to be rehabilitated from the public records of Collier County.

(2)

Where no such public record exists, it shall be contingent upon the homeowner to demonstrate ownership of the property for which application is being made.

ii)

All homeowners must provide adequate information so that the "verification of mortgage or deed of trust" form can be completed by any lending institution holding a note on the property to be rehabilitated.

iii)

Homeowner information must include the name and address of any lending institution holding a note on the property to be rehabilitated.

iv)

If no lending institution holds a mortgage, homeowner must designate such information on, the verification of mortgage or deed of trust form.

v)

If applicable, the lending institution must provide mortgage information, and return the signed document to the Department.

vi)

The verification of mortgage or deed of trust will be maintained as part of the permanent program file for each homeowner making application to the Collier County Owner-Occupied Rehabilitation Program.

e)

Homeowner(s) will not be eligible for assistance when, during the previous three (3) years prior to the date of application:

i)

Previous principal residence or other real property was foreclosed; or

ii)

Given a deed-in-lieu of foreclosures; or

iii)

Filed Chapter 7 bankruptcy (liquidation); or

iv)

Filed Chapter 13 bankruptcy; or

v)

Presently delinquent on a federal tax liability; or

vi)

Presently delinquent on Collier County property taxes.

f)

The property may have the following liens and still remain eligible for assistance:

i)

A code enforcement lien that has been abated or that will be abated through the use of rehabilitation funds;

ii)

A down payment assistance lien;

iii)

An affordable housing density bonus agreement;

iv)

Impact fee deferrals.

(1)

Note: This listing is not meant to be all-inclusive of all possible types of liens. The Department will proceed with awards, unless the prohibitions noted above have been violated.

g)

The properties assisted through the Owner-Occupied Rehabilitation Program must have a homestead exemption through the Collier County Property Appraiser's Office.

i)

Each homeowner shall be sent a letter from the Department notifying them whether they meet the minimum eligibility criteria established herein.

ii)

In cases where a homeowner is determined to be ineligible, the reasons for this determination shall be set forth in the notification letter to the participant(s).

(1)

Any such negative determination of eligibility shall be mailed to the homeowner within thirty days from such determination.

(2)

Homeowners who have been determined to be ineligible shall be given the opportunity to correct or explain in greater detail any information that resulted in, or affected the negative eligibility determination made by the Department.

(3)

The Department director or his/her designee shall have the authority to make a final determination regarding a homeowner's compliance with the requirements for third party verification.

(4)

The Department director or his/her designee shall have the final decision-making authority regarding a determination of eligibility or non-eligibility for participation in the Collier County Owner Occupied Rehabilitation Program.

(5)

Such determination shall be kept as a permanent part of the homeowner's program file.

h)

Determination of corrective actions may be conducted prior to an applicant's receiving a final determination of eligibility from Department.

i)

Refusal by a homeowner to provide information to the Department regarding sources of income and assets shall be considered sufficient grounds for a negative determination of program eligibility.

(Ord. No. 2014-29, § 4)