Chapter 10 Exibits - Nebraska Department of Economic ... · Web viewCHAPTER 8: EXHIBITS Program...

2018NEBRASKA AFFORDABLE HOUSING TRUST FUND

CHAPTER 8:

EXHIBITSProgram Year (July 1, 2018 through June 30, 2019)

Nebraska Department of Economic Development

Nebraska Affordable Housing Trust Fund Program

Table of Contents

Exhibits

Exhibit A Notice of Public Hearing (Must include comments)............................................................................3Exhibit B Authorizing Resolution (for Local Governments).................................................................................4Exhibit C-1 Statement of Assurances and Certifications .......................................................................................5Exhibit C-2 Citizen Participation Plan.....................................................................................................................8Exhibit L FFATA (Federal Funding Accountability & Transparency Act) Reporting Form..................................10Exhibit N SAM (Systems for Award Management Documentation)..................................................................12Exhibit P Program Guidelines and Reuse Plans/Project Design

Homebuyer Program Guidelines and Reuse Plan......................................................................15Owner Occupied Rehabilitation and Reuse Plan........................................................................17

Exhibit Q-1 Non-Profit or Public Housing Authority Application Certification Form ............................................19Exhibit Q-2 Applicant Certification of Rental Project Federal Assistance Form....................................................20Exhibit R Authorizing Resolution (for Non-Profit and Public Housing Authority)..............................................21Exhibit S Determination of Level of Review Form............................................................................................22Exhibit T Proof of Non-Profit Status & Certificate of Good Standing................................................................23

2018 NAHTF Annual Application Cycle Application GuidelinesChapter 8 Homebuyer Program Chapter 8-2 January 30, 2018

NOTICE OF PUBLIC HEARING or PUBLIC MEETING ON APPLICATION FOR NEBRASKA AFFORDABLE HOUSING PROGRAM FUNDS

NOTICE IS HEREBY GIVEN that on (Date) in the (Place) the (Name of the Local Government Unit, Non-Profit, or Public Housing Authority) will hold a public hearing or meeting as applicable concerning an application to the Department of Economic Development for a Nebraska Affordable Housing Program Grant. This grant is available for local affordable housing activities.

The (Name of the Local Government Unit, Non-Profit, Public Housing Authority) is requesting (exact amount of funds) for (Detailed project description which must include: all project activities to be undertaken; the project location, including address(es) and legal description. If no addresses are available, a location description must be used (for example, between Maple and Oak Streets and 23rd and 24th Streets). Also include the requested amount of funds for each activity; the estimate of the total amount of requested NAHTF funds which will benefit low and moderate income people; the amount and source of other funds, if any; and the plans for minimizing displacement of people as a result of NAHTF and/or activities and for assisting person actually displaced.).

The grant application will be available for public inspection at (place). All interested parties are invited to attend this public hearing at which time you will have an opportunity to be heard regarding the grant application. Written testimony will also be accepted at the public hearing scheduled for (time), (date), (address, room number). Written comments can be addressed to (contact person) at (address) and will be accepted if received on or before (date).

Individuals requiring physical or sensory accommodations including interpreter service, Braille, large print, or recorded materials, please contact (contact person) at (address, phone number) no later than (date).

This language must be used for the official public hearings and must be submitted with 1) Proof of Publication or a certification of Posting, and 2) a summary of citizen’s comments.

EXHIBIT A2018 NAHTF Annual Application Cycle Application Guidelines

Chapter 8 Homebuyer Program Chapter 8-3 January 30, 2018

RESOLUTION AUTHORIZING CHIEF ELECTED OFFICIAL TO SIGN AN APPLICATION FOR NEBRASKA AFFORDABLE HOUSING PROGRAM FUNDS

--Sample Format--

Whereas, the (Name of the Local Government Unit), Nebraska, is an eligible unit of a general local government authorized to file an application under the Housing and Community Development Act of 1974 as Amended for Small Cities Community Development Block Grant Program, and, Cranston-Gonzalez National Affordable Housing Act of 1990 (HOME Program) funds distributed by the Department of Economic Development through the Nebraska Affordable Housing Program.

Whereas, the (Name of the Local Government Unit), Nebraska, has obtained its citizens' comments on community development and housing needs; and has conducted public hearing(s) upon the proposed application and received favorable public comment respecting the application which for an amount of (Amount of NAHTF Money) for (Description of the project); and,

NOW, THEREFORE, BE IT RESOLVED BY

(Controlling Governmental Body) of (Name of the Local Government Unit), that the (Title of Chief Elected Official) be authorized and directed to proceed with the formulation of any and all contracts, documents or other memoranda between (Name of the Local Government Unit) and the Nebraska Department of Economic Development so as to effect acceptance of the grant application.

Signed

Title

Date

Use the language in this sample and provide an original signature or a certified copy of the authorizing resolution.

EXHIBIT B2018 NAHTF Annual Application Cycle Application Guidelines

Chapter 8 Homebuyer Program Chapter 8-4 January 30, 2018

APPLICANT’S STATEMENT OF ASSURANCES AND CERTIFICATIONS

The (Name of the Local Government Unit) (Applicant) hereby assures and certifies to the Nebraska Department of Economic Development (the Department) regarding an application for Community Development Block Grant (CDBG), HOME and Trust funds, the following:

LOCAL GOVERNMENT CERTIFICATIONS – Please contact a Department representative if items 1-6 have not been previously adopted.

1. It has previously adopted, on , , an Excessive Force Policy that remains in effect.

2. It has previously adopted, on , , a Code of Conduct that remains in effect.

3. It has previously adopted, on , , Procurement Procedures that remain in effect.

The procurement procedures were submitted to DED on , .

4. It has previously adopted, on , a Residential Anti Displacement and Relocation Assistance

Plan, which remains in effect.

5. It has previously adopted, on , a Citizen Participation Plan that remains in effect. The adopted

Citizen Participation Plan contains substantially similar language as the sample plan in these guidelines.

6. It has previously furnished to the Department a Financial Management Certification dated ,

7. It has previously adopted, on , a Section 504 Plan that remains in effect.

8. There are no significant unresolved audit findings relating to any prior grant award from the federal and/or state government, which would adversely affect the administration of this grant.

9. No legal actions are underway or being contemplated that would significantly impact the Applicant's capacity to effectively administer the program, and to fulfill the CDBG, HOME and NAHTF program; and

10. No project costs have been incurred which the Department has not approved in writing.

FEDERAL COMPLIANCE CERTIFICATIONS

11. It will adopt and follow a residential anti-displacement and relocation assistance plan which will minimize displacement as a result of activities assisted with CDBG, HOME and NAHTF funds.

12. It will conduct and administer its programs in conformance with:a. Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352), and the regulations issued pursuant thereto (24 CFR Part 1).

b. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284), as amended, administering all programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and will take action to affirmatively further fair housing in the sale or rental of housing, the financing of housing and the provision of brokerage services.

c. The Fair Housing Act of 1988 (42 USC 3601-20) and will affirmatively further fair housing.

13. It will not attempt to recover any capital costs of public improvements assisted in whole or part by assessing any amount against properties owned and occupied by persons of low- and moderate-income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless (1) grant funds are used to pay the proportion of


such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than grant funds, or (2) for purposes of assessing any amount against properties owned and occupied by persons of LMI who are not persons of very-low income, the recipient certifies to the State that it lacks sufficient grant funds to comply with the requirements of clause (1).

14. It will comply with all provisions of Title I of the Housing and Community Development Act of 1974, as amended, which have not been cited previously as well as with other applicable laws.

EXHIBIT C-1

SPECIAL REQUIREMENTS AND ASSURANCES.

15. The Applicant will comply with the Administrative Requirements of the program, those applicable items in the current Consolidated Plan, Title I of the Housing and Community Development Act of 1974, Public Law 93-383, as amended, and 24 CFR Part 570 including parts not specifically cited below and the laws, regulations and requirements, both federal and state, as they pertain to the design, implementation and administration of the local project, including but not limited to the following:

CIVIL RIGHTS AND EQUAL OPPORTUNITY PROVISIONS. Public Law 88-352, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000(d), et. seq.) (24 CFR Part 1) Section 109 of the Housing and Community Development Act of 1974, As Amended Age Discrimination Act of 1975, As Amended (42 U.S.C. 6101, et. seq.) Section 504 of the Rehabilitation Act of 1973, As Amended (29 U.S.C. 794) and the Americans with Disability Act Executive Order 11246, As Amended Executive Order 11063, As Amended by Executive Order 12259 (24 CFR Part 107)

ENVIRONMENTAL STANDARDS AND PROVISIONS. Section 104(f) of the Housing and Community Development Act of 1974, As Amended Title IV of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831) and the Implementing Regulations found

at 24 CFR Part 35 The National Environmental Policy Act of 1969 (42 U.S.C. Section 4321, et. seq., and 24 CFR Part 58) The Clean Air Act, As Amended (42 U.S.C. 7401, et. seq.) Farmland Protection Policy Act of 1981, (U.S.C. 4201, et. seq.) The Endangered Species Act of 1973, As Amended (16 U.S.C. 1531, et. seq.) The Reservoir Salvage Act of 1960 (16 U.S.C. 469, et. seq.), Section 3 (16 U.S.C. 469 a-1), As Amended by the

Archaeological and Historic Preservation Act of 1974 The Safe Drinking Water Act of 1974 [42 U.S.C. Section 201, 300(f), et. seq., and U.S.C. Section 349 as Amended,

particularly Section 1424(e) (42 U.S.C. Section 300H-303(e)] The Federal Water Pollution Control Act of 1972, As Amended, including the Clean Water Act of 1977, Public Law

92-212 (33 U.S.C. Section 1251, et. seq.) The Solid Waste Disposal Act, As Amended by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section

6901, et. seq.) The Fish and Wildlife Coordination Act of 1958, As Amended, (16 U.S.C. Section 661, et. seq.) EPA List of Violating Facilities HUD Environmental Standards (24 CFR, Part 51, Environmental Criteria and Standards and 44 F.R. 40860-40866,

July 12, 1979) The Wild and Scenic Rivers Act of 1968, As Amended (16 U.S.C. 1271, et. seq.) Flood Insurance Executive Order 11988, May 24, 1978: Floodplain Management (42 F.R. 26951, et. seq.) Executive Order 11990, May 24, 1977: Protection of Wetlands (42 F.R. 26961, et. seq.) Environmental Protection Act, NEB. REV. STAT. 81-1501 to 81-1532 (R.R.S. 1943) Historic Preservation

LABOR STANDARDS AND PROVISIONS. Section 110 of the Housing and Community Development Act of 1974, As Amended Fair Labor Standards Act of 1938, As Amended, and (29 U.S.C. 102, et. seq.) Davis-Bacon Act, As Amended (40 U.S.C. 276-a - 276a-5); and Section 2; of the June 13, 1934 Act. As Amended (48

Stat. 948.40 U.S.C. 276(c), Popularly Known as The Copeland Act Contract Work Hours and Safety Standards Act (40 U.S.C. 327, et. seq.) Section 3 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701(u)]

FAIR HOUSING STANDARDS AND PROVISIONS. Section 104(a)(2) of the Housing and Community Development Act of 1974, As Amended Public Law 90-284, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601, et. seq.). As Amended by the Fair Housing

Amendments Act of 1988


Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, As Amended (42 U.S.C. 4630) and the Implementing Regulations Found at 49 CFR Part 24

Relocation Assistance Act, NEB. REV. STAT. 76-1214 to 76-1242 (R.S. Supp. 1989) Nebraska Civil Rights Act of 1969 20-105 to 20-125, 48-1102 and 48-1116 Uniform Procedures for Acquiring Private Property for Public Use, NEB. REV. STAT. 25-2501 to 25-2506 (R.R.S.

1943)

EXHIBIT C-1ADMINISTRATIVE AND FINANCIAL PROVISIONS.

U.S. Office of Management and Budget Circular A-87 "Cost Principles for State and Local Governments" U.S. Office of Management and Budget Circular A-102 "Uniform Administrative Requirements for Grants-in-Aid to

State and Local Governments" 24 CFR 570.503 - Grant Administration Requirements for Use of Escrow Accounts for Property Rehabilitation Loans

and Grants 24 CFR 570.488 to 570.499a - States Program: State Administration of CDBG Non Entitlement Funds Community Development Law, NEB. REV. STAT. 18-2101 to 18-2144 (R.S. Supp. 1982) Public Meetings Law, NEB. REV. STAT. 18-1401 to 18-1407 (R.R.S. 1943)

MISCELLANEOUS. Hatch Act of 1938, As Amended (5 U.S.C. 1501, et. seq.)

The Applicant hereby certifies that it will comply with the above stated assurances.

SignedChief Elected Official’s Signature

Title

Date


EXHIBIT C-1If the Applicant chooses to provide this OPTIONAL item, please utilize the following template.

Citizen Participation Plan(Applicant Name), Nebraska

A. Participation by CitizensAll citizens, including low- and moderate-income citizens, shall be requested and encouraged to participate in the assessment of community issues, problems and needs; the identification of potential solutions; and priority to such issues, problems and needs, as follows:1. All citizens shall be periodically requested to complete a community needs survey to identify community and

neighborhood issues, problems and needs.2. All citizens shall be notified by publication and posting of all meetings to discuss the identified needs, potential solutions

and solution priorities.3. All citizens, particularly low and moderate-income citizens, shall be afforded the opportunity to serve on various

community improvement task forces established by the (Applicant name).

B. Access to Meetings, Information and RecordsNotice of public meetings conducted by the (Applicant name) shall be published or posted within a reasonable number of days prior to such meetings.

Agendas of all such meetings shall be available at the (location) for public inspection.

All meetings where NAHTF and HOME projects or applications are to be discussed shall be published or posted within a reasonable number of days prior to such meetings and all information and records concerning such NAHTF and HOME projects or applications shall be available for public inspection at the (location).

All meetings will be held at a time and (location) convenient to potential or actual beneficiaries which will be accessible to all citizens. The building and site will also be accessible to persons with disabilities.

C. Specific NAHTF and HOME Project InformationAll citizens shall be provided with information regarding specific NAHTF and HOME projects through public meetings and publication of notices which provide all pertinent information regarding any NAHTF and HOME project including, but not limited to: 1. The amount of NAHTF and HOME funds expected to be made available to the (Applicant name) for the current fiscal year,

including NAHTF and HOME funds and anticipated program income;2. The specific range of activities that may be undertaken with NAHTF and HOME funds;3. The estimated amount of NAHTF and HOME funds to be used for activities that will meet the national objective of benefit to

low-and moderate-income persons, and;4. A description of any proposed NAHTF and HOME funded activities that are likely to result in displacement of persons along

with the (Applicant name) anti-displacement and relocation plans.

D. Provisions for Technical Assistance to CitizensThe (Applicant representative) shall maintain current information of available resources for community improvement efforts and NAHTF and HOME programs available and provide such information upon request by any citizen or group representing any citizen or group of citizens and the (Applicant representative) shall provide assistance in developing proposals to address issues, problems and needs identified by such citizen or citizens.

E. Public Hearing on NAHTF and HOME ActivitiesThe (Applicant) shall enact a minimum of one (1) public meeting or hearing to be conducted with regard to any NAHTF and HOME application. At least one meeting or hearing shall be conducted prior to the submission of any such application to obtain citizen input, comments or opinions with regard to such application(s).

The (Applicant representative) shall act as the contact person for all questions, comments or concerns expressed by any citizen with regard to any NAHTF and HOME program or project and shall forward any such questions, comments or concerns to the (Applicant) at the next regular meeting of the (Applicant name) immediately following expression of such questions, comments or concerns. The (Applicant representative) shall also be responsible for transmitting the (Applicant name) response to any such question, comment or concerns to the citizen or citizens expressing the same.


EXHIBIT C-2F. Needs of Non-English Speaking Citizens The (Applicant) shall conduct the public hearings in a manner to meet the needs of non-English speaking residents where a significant number of non-English speaking residents can reasonably be expected to participate, the (Applicant representative) shall arrange for oral or written translation of information regarding any NAHTF and HOME program, application or project upon request by such non-English speaking persons or representatives of such persons.

G. Compliance/Grievance ProceduresThe (Applicant representative) shall post a notice at the (location) that provides name, telephone number, address and office hours of the (Applicant name) for citizens who wish to file a complaint or grievance regarding any NAHTF and HOME program, project or application.

Individuals wishing to submit a complaint or file a grievance concerning activities, of or application for, NAHTF and HOME funds may submit a written complaint or grievance to the (Applicant representative).

The (Applicant representative) shall present such complaint or grievance to the (location) at the next regular meeting of the (Applicant name), where it be reviewed by the Board members. The individual submitting such complaint or grievance shall be notified of such meeting and shall be given the opportunity to make further comments at such meeting. The (Applicant name) shall issue a written response to any complaint or grievance within fifteen (15) days following the meeting at which a response is formulated. Such response shall be mailed to the individual citizen(s) submitting the complaint or grievance by the (Applicant representative) to the last known address of said citizen(s).

In the event that the nature of the complaint or grievance is determined to be a matter requiring immediate action, a special meeting of the (Applicant name) shall be called to review the matter within ten (10) days of receipt of such complaint or grievance.

H. AdoptionThis Citizen Participation Plan is hereby adopted by action of the (elected body by Applicant name), Nebraska.

(Name of Chief Executive Officer), (Title)

Attest: (Name of Applicant representative), (Title)

Date


□□

EXHIBIT C-2

FFATA REPORTING FORM/CERTIFICATION – HOUSING APPLICATION CYCLEThe Federal Funding Accountability and Transparency Act (FFATA) seeks to provide the public with greater access to Federal spending information. Due to FFATA requirements, you are required to provide the following information, which may be used by the Department of Economic Development (“Department”) to comply with federal reporting requirements. Please fill out the following form accurately and completely, have it signed by an authorized official, and submit to the Department along with your application for funding.

Name of Applicant: Applicant Address: City:

State:

Zip: -

Congressional District:

Applicant DUNS number: Principal Place of Performance of Proposed Project:

City:

State:

Zip: -


Brief Project Description:

If certain conditions are met, Applicant may be required to provide names and total compensation of Applicant’s top five highly compensated Executives to the Department. Please answer question number 1, and follow the instructions. If directed to answer question 2, please answer question 2.

Based upon your responses, the Department will determine whether the names and total compensation of Applicant’s top five highly compensated Executives is required to be submitted to the Department. If such information is required, Applicant will receive a written request from the Department for such information, along with a deadline for submission of such information.

1. In Applicant’s previous fiscal year, did Applicant receive (a) 80 percent or more of Applicant’s annual gross revenues in U.S. federal contracts and subcontracts and other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320; AND (b) $25,000,000 or more in annual gross revenues from contracts and subcontracts and other federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. 170.320?

Yes If yes, answer question 2 below. No If no, stop. Please sign and submit form to the Department.

2. Does the public have access to information about the compensation of Applicant’s senior Executives through periodic reports filed under section 13(a) or 15(d) of the Security Exchange Act of 1934 (15 U.S.C. 78(m)(a), 78o(d)), or section 6104 of the Internal Revenue Code of 1986?

Yes No

Please sign and submit form to the Department.

The Applicant certifies that the information contained on this form is true and accurate.

Signed:


□□

Title:

Date:

EXHIBIT L

FFATA REPORTING FORM/FOLLOW-UP INFORMATION – HOUSING APPLICATION CYCLEThe Federal Funding Accountability and Transparency Act (FFATA) seeks to provide the public with greater access to Federal spending information. Due to FFATA requirements, you are required to provide the following information, which may be used by the Department of Economic Development (“Department”) to comply with federal reporting requirements. Please fill out the following form accurately and completely, have it signed by an authorized official, and submit to the Department.

Name of Applicant: Applicant Address: City:

State:

Zip: -


Applicant DUNS number:

Principal Place of Performance of Proposed Project:

City:

State:

Zip: -


Brief Project Description:

Based upon information submitted to the Department along with Applicant’s application for funding from the Housing Application Cycle, Applicant must provide names and total compensation of Applicant’s top five highly compensated Executives to the Department. Please provide the names and Total Compensation of the top five most highly compensated Executives in the space below.

(NOTE: Executive means officers, managing partners, or any other employees in management positions. Total Compensation means the cash and noncash dollar value earned by the Executive during the Applicant’s preceding fiscal year and includes salary and bonus, awards of stock, stock options, and stock appreciation rights; earnings for services under non-equity incentive plans, change in pension value, above market earnings on deferred compensation which is not tax-qualified; and other compensation exceeding $10,000 as defined in Appendix A to 2 C.F.R. Part 170.).

Name: Total Compensation:





The Applicant certifies that the information contained on this form is true and accurate.

Signed:


Title:

Date:

EXHIBIT LInstructions for Exhibit N: SAM database record and clearance

Each applicant must obtain a Duns and Bradstreet (DUNS) number and also register within the SAM system.

The Federal Funding Accountability and Transparency Act (FFATA) of 2006 mandated specific reporting requirements for recipients of federal funds. In order to report in this system, each State award recipient must have a DUNS and a CAGE code, assigned as a result of registration in the federal SAM.

For more information on obtaining a DUNS number and registering in the System for Award Management (SAM), please review the following information at: https://www.sam.gov/portal/SAM/

Once registered, each applicant must access SAM, determine that the applicant is eligible within SAM, and provide a print out of the information from SAM. Each applicant must also provide documentation that they are registered in the SAM using the DUNS number entry (refer to the check your registration status in SAM) the last illustration.

Applicant must run a query at the System for Award Management website (www.sam.gov) at the time of application and include a copy of the search record showing the DUNS Number and/or search terms and date. This information must be provided within the application and labeled as “Exhibit N”.

1. Using your internet browser, navigate to www.sam.gov

2. Select “Search Records”, enter the DUNS number, and click “Search”.


EXHIBIT N

3. Review the search results and click “Print” to print the results. Your printed copy should include a date stamp at the bottom of the page.

4. If you need to register in the SAM, click Create User Account. The applicant must Check Status and submit a printout of Status, which must be an active status as the last screen indicates

5. Check your registration status in the SAM by entering applicant nine digit DUNS number.If result is not active, create a user account. If result is inactive, reactive user account.


EXHIBIT N

6. Submit a screen print out of the SAM status tracker that indicates active status for the applicant. The applicant must be in an active status as determined by DUNS number entry.

The final Exhibit N that the applicant must submit with their application must contain:

1) Proof of SAM Registration (See Item 6 above) and2) Proof that the applicant is eligible in SAM (See Item 5 above)


EXHIBIT NHOMEBUYER PROGRAM GUIDELINES AND REUSE PLAN

Proposed Homebuyer Program Guidelines and Program Income Reuse Plan must contain the following information. The Program Income Reuse Plan must be clearly identified and placed on the final page of the Applicant’s Program Guidelines. Program Guidelines must include a table of contents.

a) Applicant eligibility, including income eligibility. Persons assisted with NAHTF homebuyer funds must have incomes at ≤120% AMI;

b) Anticipated Gross Annual income (See 24 CFR 5.609 income determination);c) Formal notification of selection and non-selection policy;d) Application review process;e) Priority Ranking System, if applicable, for selection that does not contain discriminatory criteria; f) Conflict of Interest Clause;g) Grievance Procedures, See Policy Statement regarding grievances;h) Process for Amending Program Guidelines including DED approval of amendments;i) Types and terms of assistance provided (i.e. loan, deferred conditional grant);j) Amounts of assistance allowed, including NAHTF funds and other sources (include maximum amount);k) Assistance that does not exceed NAHTF maximum per unit subsidy. Do not include general administration in

your per unit costs for this calculation. A listing of subsidy limits by county can be found at: https://opportunity.nebraska.gov/grow-your-community/data-for-applicants-and-grantees/;

l) Geographic Boundaries where the properties within communities must be located; m) Policy for compliance with HUD’s lead based paint (LBP) regulations;n) Policy for compliance with DED standards or DED Rehab standards;o) Policy to ensure the maximum purchase price or after-rehabilitation value will not exceed 95 percent of the

median purchase price for the area. For more information, see: https://opportunity.nebraska.gov/grow-your-community/data-for-applicants-and-grantees/; p) Method to ensure the first homebuyer and subsequent homebuyers (unless recapture provisions are used)

must occupy property purchased by a new homebuyer as a principle residence for at least 5 years from the date that NAHTF funds are invested in the property. Regardless if resale or recapture provisions are utilized, the Affordability Period for the project must be a minimum of 5 years;


https://opportunity.nebraska.gov/grow-your-community/data-for-applicants-and-grantees/


q) Methods of ensuring affordability period and principle residence that include 1) program-wide recapture or resale provisions, and 2) legal instruments to be used. Deed restrictions or other enforcement mechanisms must reflect this occupancy requirement;

r) If recapture provisions are utilized for the Project, and program income is received, then the amount recaptured cannot exceed the net proceeds. Net proceeds are the sales price minus superior loan repayment (other than NAHTF funds) and any closing costs;

s) Relocation policy for voluntary and involuntary acquisitions as per 49.CFR 24.101. Policy must include the statement, “In cases where either voluntary or involuntary acquisition is anticipated, DED will be contacted prior to any action.”

t) Policy to ensure all units assisted with NAHTF funds will meet DED rehabilitation standards, when applicable. Purchase/rehabilitation/resale programs and acquisition/rehabilitation programs must include rehabilitation procedures, including LBP procedures, in the guidelines;

u) Policy to ensure newly constructed housing will meet or exceed the 2009 (or most current) International Energy Conservation Code;

EXHIBIT P

v) Policy to ensure new construction consisting of five or more units will meet or exceed current Uniform Federal Accessibility Standards (UFAS), and 2010 (or most current) ADA Standards for Accessible Design;

w) Policy to ensure compliance with the Fair Housing Act, including a narrative with specific reference to all areas of the Fair Housing Act applicable to the project;

x) Affirmative marketing procedures including, but not limited to, marketing to local or regional residents & tenants of public housing and manufactured housing, other families assisted by public housing agencies, and households identified to be potentially eligible but least likely to apply;

y) Requirement of Homebuyer education. Education must be provided by HUD-approved housing counseling agencies, REACH affiliated organizations, or a Department approved equivalent.

z) Policy for collecting photographs of the project, including before, after, indoor, outdoor and grounds photos. The policy must include a method for obtaining a voluntary release and authorization for publication of these photos from the owner or beneficiary.

Program Income Reuse Plan included with the Program Guidelines must contain the following:

The Applicant may retain program income from the project and utilize the funds for other NAHTF-eligible activities, if the following items are met:

a) The Applicant wishes to retain program income funds and reuse those funds for additional housing related activities.

b) The Applicant creates a Program Income Reuse Plan that clearly notes:1) The Grantee will use program income directly generated from the use of NAHTF funds to further

affordable housing programs eligible under the Nebraska Affordable Housing Act. 2) Program Income funds are those funds returned to the Grantee during the Affordability Period when the

property is sold or is no longer the initial and subsequent homebuyer’s principal residence. 3) Program Income funds must be utilized for the current Project if the current Project has not been

completed. This program income received must be applied to the current Project prior to requesting additional NAHTF funds.


4) The Grantee understands that if program income is utilized for another housing related activity, other than for the same activity from the Project which generated the program income, then the Grantee will be responsible for developing and utilizing new Program Guidelines for the new eligible activity.

5) Up to 10% of program income may be utilized for General Administration expenses.6) If resale provisions are utilized for the Project, and program income is received, then the subsequent

purchasers of each unit will be eligible homebuyers and the original homebuyer will receive a fair a return on investment.

7) If recapture provisions are utilized, the Project and program income is received, then the amount recaptured cannot exceed the net proceeds. Net proceeds are the sales price minus superior loan repayment (other than NAHTF funds) and any closing costs.

8) All program income will be returned to DED for reuse unless DED offers the option to the Grantee to retain the program income or DED approves the grantee’s Program Income Reuse Plan prior to receiving Release of Funds.

EXHIBIT POWNER OCCUPIED REHABILITATION PROGRAM GUIDELINES AND REUSE PLAN

Proposed Owner Occupied Rehabilitation Program Guidelines and Program Income Reuse Plan must contain the following information. The Program Income Reuse Plan must be clearly identified and placed on the final page of the Applicant’s Program Guidelines. Program Guidelines must include a table of contents.

a) Applicant eligibility, including income eligibility. Persons assisted with NAHTF OOR funds must have incomes at ≤120% AMI;

b) Anticipated Gross Annual income (See 24 CFR 5.609 income determination);c) Formal notification of selection and non-selection policy;d) Application review process;e) Priority Ranking System, if applicable, for selection that does not contain discriminatory criteria; f) Conflict of Interest Clause;g) Grievance Procedures, See Policy Statement regarding grievances;h) Process for Amending Program Guidelines including DED approval of amendments;i) Types and terms of assistance provided (i.e. loan, deferred conditional grant);j) Amounts of assistance allowed, including NAHTF funds and other sources (include maximum amount);k) Assistance that does not exceed NAHTF maximum per unit subsidy. Do not include general administration in

your per unit costs for this calculation. A listing of subsidy limits by county can be found at: https://opportunity.nebraska.gov/grow-your-community/data-for-applicants-and-grantees/;

l) Geographic Boundaries where the properties within communities must be located; m) Policy for compliance with HUD’s lead based paint (LBP) regulations;n) Policy for compliance with DED standards or DED Rehab standards;o) Policy to ensure the maximum purchase price or after-rehabilitation value will not exceed 95 percent of the

median purchase price for the area. For more information, see:https://opportunity.nebraska.gov/grow-your-community/data-for-applicants-and-grantees/;

p) Method to ensure the first beneficiary and subsequent beneficiary (unless recapture provisions are used) must occupy property purchased by a new homebuyer as a principle residence for at least 5 years from the




date that NAHTF funds are invested in the property. Regardless if resale or recapture provisions are utilized, the Affordability Period for the project must be a minimum of 5 years;

q) Methods of ensuring affordability period and principle residence that include 1) program-wide recapture or resale provisions, and 2) legal instruments to be used. Deed restrictions or other enforcement mechanisms must reflect this occupancy requirement;

r) If recapture provisions are utilized for the Project, and program income is received, then the amount recaptured cannot exceed the net proceeds. Net proceeds are the sales price minus superior loan repayment (other than NAHTF funds) and any closing costs;

s) Relocation policy for voluntary and involuntary acquisitions as per 49.CFR 24.101. Policy must include the statement, “In cases where either voluntary or involuntary acquisition is anticipated, DED will be contacted prior to any action.”

t) Policy to ensure all units assisted with NAHTF funds will meet DED rehabilitation standards, when applicable. Purchase/rehabilitation/resale programs and acquisition/rehabilitation programs must include rehabilitation procedures, including LBP procedures, in the guidelines;

u) Policy to ensure newly constructed housing will meet or exceed the 2009 (or most current) International Energy Conservation Code;

EXHIBIT P

v) Policy to ensure new construction consisting of five or more units will meet or exceed current Uniform Federal Accessibility Standards (UFAS), and 2010 (or most current) ADA Standards for Accessible Design;

w) Policy to ensure compliance with the Fair Housing Act, including a narrative with specific reference to all areas of the Fair Housing Act applicable to the project;

x) Affirmative marketing procedures including, but not limited to, marketing to local or regional residents & tenants of public housing and manufactured housing, other families assisted by public housing agencies, and households identified to be potentially eligible but least likely to apply;

(y) Policy for collecting photographs of the project, including before, after, indoor, outdoor and grounds photos. The policy must include a method for obtaining a voluntary release and authorization for publication of these photos from the owner or beneficiary.

Program Income Reuse Plan included with the Program Guidelines must contain the following:

The Applicant may retain program income from the project and utilize the funds for other NAHTF-eligible activities, if the following items are met:

a) The Applicant wishes to retain program income funds and reuse those funds for additional housing related activities.

b) The Applicant creates a Program Income Reuse Plan that clearly notes:1) The Grantee will use program income directly generated from the use of NAHTF funds to further

affordable housing programs eligible under the Nebraska Affordable Housing Act. 2) Program Income funds are those funds returned to the Grantee during the Affordability Period when the

property is sold or is no longer the initial and subsequent homebuyer’s principal residence. 3) Program Income funds must be utilized for the current Project if the current Project has not been

completed. This program income received must be applied to the current Project prior to requesting additional NAHTF funds.


4) The Grantee understands that if program income is utilized for another housing related activity, other than for the same activity from the Project which generated the program income, then the Grantee will be responsible for developing and utilizing new Program Guidelines for the new eligible activity.

5) Up to 10% of program income may be utilized for General Administration expenses.6) If resale provisions are utilized for the Project, and program income is received, then the subsequent

purchasers of each unit will be eligible homebuyers and the original homebuyer will receive a fair a return on investment.

7) If recapture provisions are utilized, the Project and program income is received, then the amount recaptured cannot exceed the net proceeds. Net proceeds are the sales price minus superior loan repayment (other than NAHTF funds) and any closing costs.

8) All program income will be returned to DED for reuse unless DED offers the option to the Grantee to retain the program income or DED approves the grantee’s Program Income Reuse Plan prior to receiving Release of Funds.

EXHIBIT PNON-PROFIT OR PUBLIC HOUSING AUTHORITY APPLICANT

CERTIFICATION FORM

WHEREAS, (the “Applicant”) is applying to the State of Nebraska forassistance from the Nebraska Affordable Housing Program; and WHEREAS, APPLICANT understands it is necessary that certain conditions be met as part of the application requirements;

THEREFORE, APPLICANT certifies as follows:

1. APPLICANT is eligible for award under state statutes and program guidelines and agrees to comply with all applicable federal, state and local regulations in the event that this application is selected for funding.

2. APPLICANT will minimize displacement as a result of activities assisted with Nebraska Affordable Housing Program resources and assist persons displaced as a result of such activities as specified by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 49 CFR part 24. The more limited requirements of Section 104(d) of Housing and Community Development Act of 1974 are more detailed as to policy, definitions and requirements listed in 24 CFR 570.606.

3. APPLICANT has previously adopted, on , Procurement Procedures thatremain in effect. The procurement procedures were submitted to DED on , .

4. APPLICANT will actively market in an on-going manner all housing units and services funded through the Nebraska Affordable Housing Program.

5. APPLICANT is prepared and has the authority within its charter or by-laws or through statutory regulations to enter into a contractual agreement with the Nebraska Department of Economic Development for acceptance and use of Nebraska Affordable Housing Program moneys, and makes this application and these certifications with the full cognizance (and approval) of its governing body.


6. There are no significant unresolved audit findings relating to any prior grant award from the federal and/or state government, which would adversely affect the administration of this grant.

7. No legal actions are underway or being contemplated that would significantly impact the Applicant’s capacity to effectively administer the program, and to fulfill the NAHTF program; and

8. No project costs have been incurred which the Department has not approved in writing.

Signed:(Officer)Name:

Title:

Date:

Use the language in this sample form and provide an original signature of applicant certification.

EXHIBIT Q-1

APPLICANT CERTIFICATION OF RENTAL PROJECT FEDERAL ASSISTANCE FORM

WHEREAS, (the “Applicant”) is applying to the State of Nebraska for assistancefrom the Nebraska Affordable Housing Program to finance a portion of the project costs for (the “Project”); and

WHEREAS, APPLICANT understands it is necessary that certain conditions be met as part of the project requirements;

THEREFORE, APPLICANT certifies as follows:

1. PROJECT is eligible for award under state statutes and Nebraska Affordable Housing Program application guidelines.

2. PROJECT will receive additional financing at the time of application or in the future from the following governmental assistance

(if none, please indicate)

3. APPLICANT will notify the Nebraska Department of Economic Development within 30 days of the applicant’s knowledge of actual or potential changes in governmental assistance. Amended financing and budget forms submitted with the application affected by the change in other governmental assistance and the type and amount of assistance will be provided. In addition, applicant understands that any such changes may result in the non-selection of the application, termination or amendment of a contractual agreement with the department, significant delay in the DED approval of the project to proceed, and/or significant delay of pending Requests for DED Funds.

4. APPLICANT is prepared and has the authority within its charter or by-laws or through statutory regulations to enter into a contractual agreement with the Nebraska Department of Economic Development for acceptance and use of Nebraska Affordable Housing Program moneys, and makes this application and these certifications with the full cognizance (and approval) of its governing body.


Signed:(Officer)

Title:

Date:

Use the language in this sample form and provide an original signature of applicant certification.

EXHIBIT Q-2Sample Resolution

AUTHORIZATION TO SUBMIT APPLICATION (S) ANDENTER INTO AGREEMENT FOR NEBRASKA AFFORDABLE HOUSING PROGRAM

RESOLUTION NO

A resolution of the (AUTHORIZING BOARD) of (NAME OF ORGANIZATION) authorizing the submission of an application(s) for 2017 Nebraska Affordable Housing Program Funds, certifying that said application(s) meets the community’s housing and community development needs and the requirements of the Nebraska Affordable Housing Program, and authorizing all actions necessary to implement and complete the activities outlined in said application.

WHEREAS, the (AUTHORIZING BOARD) of (NAME OF ORGANIZATION) is desirous of undertaking affordable housing development activities; and

WHEREAS, the State of Nebraska is administering the Nebraska Affordable Housing Program; and

WHEREAS, the Nebraska Affordable Housing Program requires that funds benefit low-income households; and

WHEREAS, the activity in the application addresses the proposed project area’s low-income population housing needs; and

WHEREAS, a recipient of Nebraska Affordable Housing Program is required to comply with the program guidelines and State regulations.

NOW, THEREFORE BE IT RESOLVED THAT the (AUTHORIZING BOARD) of (ORGANIZATION OR AGENCY) authorize application to be made to the State of Nebraska, Department of Economic Development for 2017 Nebraska Affordable Housing Program, and authorize (NAME AND POSITION OF INDIVIDUAL) to sign application and contract or grant documents for receipt and use of these funds, and authorize the (NAME AND POSITION OF INDIVIDUAL) to take all actions necessary to implement and complete the activities submitted in said application(s); and

THAT, the (AUTHORIZING BOARD) of (ORGANIZATION OR AGENCY) will comply with all State regulations and Nebraska Affordable Housing Program policies.

Passed and adopted by the (AUTHORIZING BOARD) of (ORGANIZATION OR AGENCY) this day of , 20 .


Chairperson, President or Authorized Person of Organization

Date Signed

Use the language in this sample resolution and provide an original signature or a certified copy of the resolution.

EXHIBIT RDETERMINATION OF LEVEL OF REVIEW

ERR GRANT#

Project Name: Program Year:

Project Location:

Project Description (Attach additional descriptive information, as appropriate to the project, including narrative, maps, photographs, site plans, budgets and other information.):

The subject project has been reviewed pursuant to HUD regulations 24 CFR Part 58, “Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities,” and the following determination with respect to the project is made:

Exempt from NEPA review requirements per 24 CFR 58.34(a)( )

Categorically Excluded NOT Subject to §58.5 authorities per 24 CFR 58.35(b)( )

Categorically Excluded SUBJECT to §58.5 authorities per 24 CFR 58.35(a)( )(A Statutory Checklist for the §58.5 authorities is attached.)

An Environmental Assessment (EA) is required to be performed. (An EnvironmentalAssessment performed in accordance with subpart E of 24 CFR Part 58 is attached.)


An Environmental Impact Statement (EIS) is required to be performed.

The ERR (see §58.38) must contain all the environmental review documents, public notices and written determinations or environmental findings required by Part 58 as evidence of review, decision making and actions pertaining to a particular project. Include additional information including checklists, studies, analyses and documentation as appropriate.

Preparer Name Signature

Title Date

Responsible Entity Certifying Officer Signature

Title Date

EXHIBIT S

Attach the certification from the Secretary of State’s website at: http://www.sos.ne.gov/dyindex.html

Address and label it as Exhibit T


EXHIBIT T


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