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HomeMy WebLinkAbout06.16.23-Approved-SKHHP-EB-MinutesSKHHP Executive Meeting June 16, 2023 MINUTES I. CALL TO ORDER Chair Nancy Backus called the meeting to order at 1:02 PM. a. ROLL CALL/ESTABLISHMENT OF QUORUM Executive Board members present:Nancy Backus, City of Auburn; Colleen Brandt- Schluter, City of Burien; Kristina Soltys, City of Covington; Traci Buxton, City of Des Moines; Brian Davis, City of Federal Way; Dana Ralph, City of Kent; Sean P. Kelly, City of Maple Valley; Eric Zimmerman, City of Normandy Park; Ryan McIrvin, City of Renton; Sunaree Marshall, King County; Cynthia Delostrinos Johnson, City of Tukwila. Staff members present:Claire Goodwin, SKHHP; Dorsol Plants, SKHHP; Dafne Hernandez, City of Covington; Merina Hanson, City of Kent; Hannah Bahnmiller, City of Renton; McCaela Daffern, King County; Nicholas Matz, City of Normandy Park. II.PUBLIC COMMENT No member of the public requested time to address the Executive Board. III. APPROVAL OF MAY 19, 2023 MINUTES Kristina Soltys moved to approve the May 19, 2023 minutes as presented, seconded by Dana Ralph. Motion passed (9-0) IV.BOARD BUSINESS a. In-Person Icebreaker Executive Board members were asked to break into small groups and discuss the question, “What is your favorite housing development and why?” Nancy Backus highlighted the Trek Apartments across the street from Auburn City Hall. The development broke ground roughly ten years ago and was the catalyst to revitalize Auburn’s downtown. Approximately 500 beds were added with another 50 to open at the end of the month. b. 2023 Housing Capital Fund Guidelines Claire Goodwin brought a revised draft of the 2023 Housing Capital Fund Guidelines, which captures feedback from the Executive Board, Advisory Board, and SKHHP Staff Work Group. At the May meeting, the Executive Board expressed a desire for the project location jurisdiction to be able to weigh in on an application before the end of the process and for the process to be formalized in the guidelines. The current timeline for releasing the Housing Capital Fund Guidelines is July 24, 2023, and materials will be distributed through the SKHHP website. Materials include an optional Intent to Apply form due by August 7. Applicants are required to schedule a pre-application meeting before the September 15 application deadline. Pre-application meetings will include Staff from the Project Location Jurisdiction and SKHHP Staff. The pre-application meeting aims to address any issues early in the application process. Once the project is ready, they will complete the Combined Funders Application and the SKHHP Application Addendum. Additionally, Applicants submit a Letter of Consistency and a Letter of Community Support from the project location jurisdiction. The intention is for SKHHP Staff, the Jurisdiction, and the applicant to be in constant contact throughout the application process. In response to the desire by the Executive Board at the May meeting, Claire Goodwin prepared draft language that incorporated the Board’s concern that the project location jurisdiction would not have a say in the funding decision early in the process. "City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant's intent to apply. They may consult with their legislative body on the project proposal. Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project's Housing Capital Fund application." The purpose behind the revised language includes providing flexibility for each Jurisdiction to determine if they want to comment on the project when located in their Jurisdiction. It also will ensure that the SKHHP Board member and administration know the applicant's intent to apply and provide the opportunity to communicate any concerns to City staff. SKHHP staff can communicate feedback to the applicant before applying. This language avoids creating additional requirements for an applicant and any phrasing that may discourage an applicant from applying. Additionally, SKHHP staff will provide a template for the letter of consistency to streamline the process for city staff. The requirement that all cities providing funding submit letters of support at the end of the application process was removed. Other revised language included the addition of a funding priority per the Advisory Board’s recommendation. “Economic Opportunity: Projects that support the advancement of economic opportunity are a high priority. This includes proximity to transit, commercial cores, and connections to workforce development and other services that promote upward mobility, including, but not limited to, childcare centers, higher education institutions, and libraries.” Traci Buxton asked if step one of the review process on page eight is separate from the step outlined on page three, which is the Notice of Intent to Apply. Claire Goodwin stated that the review process is how SKHHP Staff will review an application for completeness. The Notice to Apply is optional, but a developer must schedule a pre-application meeting to submit an application. City staff will be notified when SKHHP Staff is aware of the project. Brian Davis asked for clarification that the language removed was to clarify that instead of jurisdictions providing a letter of support at the end of the process, it was replaced with the new proposed language earlier int eh process to allow the opportunity for the project location jurisdiction to weight in. Claire Goodwin confirmed that was correct. Brian Davis asked several clarifying questions which Claire Goodwin provided responses on. Brian Davis asked further what would happen if the project location jurisdiction wrote a letter that did not support the project and if that meant funding would not proceed. Claire Goodwin stated that was the intent of the Executive Board, but explicit language was left out to not discourage a developer from applying. Brian Davis stated that he would want stronger language explicitly stating in the guidelines that if project location jurisdiction didn’t want a project, the project wouldn’t proceed the application process. Dana Ralph reinforced Brian Davis's position and expressed concern about what could occur with future Executive Board’s if that language wasn’t made clearer. Eric Zimmerman asked about loan terms on page six of the guidelines. Specifically, is there a legal framework in Washington State and case law that exists on how to condition the funds through a loan or grant and putting covenants on properties to ensure the long-term affordability? Claire Goodwin stated that the Housing Capital Fund Guidelines were developed as part of the process last year with close review by legal staff and with SKHHP staff working closely with other funding organizations. Eric Zimmerman asked if covenants have withstood the test of time in terms of maintaining the agreed to affordability. Claire Goodwin said that covenants are a standard process by which funders ensure affordability over the years. Sunaree Marshall added that King County has covenants on all its affordable housing funding sources. Traci Buxton moved to adopt the 2023 Housing Capital Fund Guidelines, seconded by Colleen Brandt-Schluter. Dana Ralph spoke to the motion; SKHHP is a collaborative organization that brings jurisdictions together. We have all come together to support Affordable Housing, and we can't do it at the expense of another jurisdiction. Sunaree Marshall spoke to the language in the motion, seeking to have the word changed to Jurisdiction to include King County. Additionally, language was vague around who could submit a statement, and it should be clear that it is from a Jurisdiction. Finally, language should include space for jurisdictions to work with the developer to meet consistency with the Jurisdiction. Traci Buxton amended the motion to include, “Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application, and the Executive Board will honor any preferences expressed in a submitted statement, or a jurisdictional statement." Claire Goodwin responded that the developer should not complete the application if SKHHP Staff had a letter from the project location jurisdiction that was against the project. Traci Buxton clarified that the language was chosen to prevent developers from being discouraged by avoiding the word 'refusal' or 'rejected.' Dana Ralph added that there is a difference between a project meeting the criteria through a jurisdiction's planning process and the Jurisdiction itself providing funding to a project. Kristina Soltys spoke to the motion, stating that Covington is entering discussions around including their HB 1590 funds into the Housing Capital Fund, and there is a need to consider the community when considering projects. Projects will differ, and because the Jurisdiction has rejected one project does not mean they would be against all future projects. Jurisdictions should be empowered to favor a project better suited to their community than another project. Eric Zimmerman spoke to the motion. From the perspective of SKHHP being a long- term organization, the question should be asked what will keep jurisdictions at the table? Trust must be built between jurisdictions so that anything done together would be together. Requiring unanimity or providing the project location jurisdiction a veto on a project undesired in the community would be a step toward securing that trust. Additionally, a developer likely to apply for the SKHHP Housing Capital Fund would not be discouraged by this language due to the size of the project and their experience. Claire Goodwin spoke to tabling the discussion to give SKHHP Staff time to refine the language. Nancy Backus asked the Executive Board their opinion on tabling. Kristina Soltys spoke in support of tabling to ensure the correct language was produced. Sunaree Marshall mentioned that if the guidelines would need to be amended in July to include SHB 1590 funds, there was no need to pass the motion today. Claire Goodwin added that there would be an advantage to coming to a decision today in order to focus on the revised draft that incorporates HB 1590 revenue at the July meeting. Claire Goodwin put forward the amended language, “City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant’s intent to apply and may consult with their legislative body on the project proposal. Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application, and should the Jurisdiction not be supportive, SKHHP staff will inform the applicant and that proposal will not be considered." Dana Ralph put forward a slightly modified version of the previous statement," City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant’s intent to apply and may consult with their legislative body on the project proposal. Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application. Should the Jurisdiction not be supportive, the proposal shall not move forward for consideration.” Ryan McIrvin asked if it was implied or should be included that a jurisdiction may be against a project in this funding round only, and not future funding rounds. However, the applicant should be encouraged to apply if the project better aligns with the Jurisdiction. He suggested adding language that included,” … the proposal shall not move forward for consideration in the current funding cycle.” Colleen Brandt-Schluter added that Burien had recent experience as the Project Location Jurisdiction of all three 2022 Housing Capital Fund applicants. All three projects were well known to the city staff and government when applying for SKHHP funding. Many processes have been met when a project reaches the SKHHP funding request point. It's essential to place the SKHHP process in the context of the significant process both the Jurisdiction and the developer have undertaken before applying for the SKHHP Capital Fund. Dana Ralph responded that the development planning and approval process differs from providing funding to support the project. She would not want to use Kent funding to force a project on another jurisdiction that they wouldn’t want. Nancy Backus added that the goal is to fund projects the entire SKHHP Board supports. Claire Goodwin expressed support for the current amended language and believes the language encompasses the variety of city governments inside SKHHP. The language will lead to the SKHHP Board member and Jurisdiction being notified. Changing it to elected leadership would pose challenges. By alerting the City Manager, they can decide if it needs to be elevated to the Mayor or City Council. Traci Buxton asked if jurisdictions who care deeply about this process need to ensure an Elected Official serves as the Executive Board member. Colleen Brandt-Schluter expressed that a staff person serving as an SKHHP Executive Board member may be more likely to notify their elected officials about incoming projects to their Jurisdiction. Brian Davis asked if the Jurisdiction has two weeks to provide a letter, when does that start, and who is driving the clock to ensure a response? He suggested tying the two weeks to the date of the pre-application meeting. Claire Goodwin responded with a concern that some pre-application meetings may occur late in the process and wants to ensure enough time for interested applicants to hear any concerns before the September 15 deadline. Her goal would be that as soon as SKHHP staff becomes aware of the interest, Staff will communicate with the Executive Board member and administration while scheduling the pre-application meeting. Brian Davis responded that the current draft language makes the developer and SKHHP Staff dependent on the city without the ability to drive a response. Nancy Backus asked how the situation would be handled if SKHHP received notification of the application but could not respond within two weeks of receiving a note of interest. Language should be clear when the two-week period begins, possibly upon notification to SKHHP staff. Brain Davis stated that SKHHP should define and control time zero and the deadline. He asked for clarification why the pre-application meeting does not work as the start of the two weeks. Nancy Backus answered that if the pre-application meeting were the start of the period, all pre-application meetings would have to be held by September 1. In response to the discussion, the language was amended, “City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant’s intent to apply and may consult with their legislative body on the project proposal. Within two weeks of the pre-application meeting, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application. Should the Jurisdiction not be supportive, the proposal shall not move forward for consideration in the current funding cycle.” Brian Davis moved to amend the language around the pre-application meeting in the Housing Capital Fund Guidelines to read, "Staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant's intent to apply and may consult with their legislative body on the project proposal. Within two weeks of the pre-application meeting, a jurisdiction may submit a statement on the project proposal to SKHHP staff as part of the project's Housing Capital Fund application. Should the jurisdiction not be supportive, the proposal shall not move forward for consideration in the current funding cycle", seconded by Ryan McIrvin. Motion passed (11-0) Motion passed to adopt Housing Capital Fund Guidelines as amended. (11-0) c. POOLING HB 1590 REVENUE Claire Goodwin opened the discussion on pooling HB 1590 revenue by providing background information related to the legislation. HB 1590 was passed by the state legislature in 2020 and authorized jurisdictions to impose 0.1% local sales and use tax to support affordable housing, behavioral health facilities, and related supportive services. Jurisdictions had a limited window to collect tax revenue before King County could collect the revenue. Four SKHHP jurisdictions collect HB 1590 funds, including Covington, Kent, Maple Valley, and Renton. RCW 82.14.530 specifies that at least 60% of funds collected must fund: constructing or acquiring affordable housing; constructing or acquiring behavioral health-related facilities or acquiring land for these purposes; funding the operations and maintenance costs of new units of affordable housing. Funds must support households earning up to 60% AMI from specific populations: Persons with behavioral health disabilities, veterans, seniors, the homeless or people at risk of homelessness, unaccompanied homeless youth, persons with disabilities, and domestic violence survivors. King County uses HB 1590 revenue to fund the Health Through Housing program. Claire Goodwin updated the Executive Board that preliminary conversations had occurred with SKHHP jurisdictions collecting HB 1590 funds, with each Jurisdiction being in a different place. Covington has had conversations with SKHHP previously about using HB 1590 funds, with SKHHP Staff presenting on the topic to the Covington City Council June 13, 2023. While no formal action has been taken, Covington will consider pooling 50% of the 60% of the Capital portion of HB 1590. Kristina Soltys added that this item is scheduled to go before the Covington City Council in July, hoping that funds can be added to the 2023 Housing Capital Fund round. Claire Goodwin let the Board know that the City of Kent had taken legislative action in prior years and is committed to pooling 100% of the 60% Capital portion. Maple Valley has not had conversations at the Council level but will likely pool some HB 1590 funds. Renton may pool with SKHHP in future years, but is still discussing other opportunities such as with the Renton Housing Authority. Based on current conversations, adding HB 1590 funds could bring the 2023 Housing Capital Fund an additional $4.85 million. If Covington and Kent contributed HB 1590 funds, it would add an additional $2.4 million annually. Sean P. Kelly added that the discussion of pooling HB 1590 funds is on the Maple Valley City Council agenda for July 10. Claire Goodwin asked the Executive Board if they supported SKHHP staff undertaking the work to incorporate HB 1590 funds into the adopted 2023 Housing Capital Fund Guidelines. The additional funds would be used to acquire and construct affordable housing. The Executive Board strongly supported including HB 1590 funds in the 2023 Housing Capital Fund. d. LONG-TERM FUNDING STRATEGY FOR HOUSING CAPITAL FUND Claire Goodwin sought feedback from the Executive Board on developing long-term funding strategies for the Housing Capital Fund. Developing long-term funding strategies was the top priority for the Executive Board during the drafting of the 2024 Work Plan and is included on the 2023 Work Plan as a ‘critical item’: “Develop a long- term funding strategy for the SKHHP Housing Capital Fund and facilitate conversations with member jurisdictions to identify and explore dedicated sources of revenue for affordable housing at the local and regional level.” The Executive Board split into small working groups to discuss what developing a long-term funding strategy means for them. SKHHP Staff Work Group members were asked to join the small groups to take discussion notes. As part of the agenda packet, an inventory of potential sources of revenue was included and the groups were asked to discuss which options their jurisdictions might support and which ones they likely wouldn’t support. Claire Goodwin asked for the groups to provide an update on their conversation. Cynthia Delostrinos Johnson stated that her group had potentially identified two funding sources not currently being used. The first is philanthropic opportunities and creating communication strategies to develop those partnerships. The second is working together to seek funding from the state and federal delegations. There was some concern about the impact other options might have on the current state of affordability for housing. Claire Goodwin collected notes from the small groups for future discussion. e. SKHHP ADVISORY BOARD RECRUITMENT Dorsol Plants provided an update on the planned summer recruitment drive for the SKHHP Advisory Board. The Advisory Board consists of twelve to fifteen community members or organizations dedicated to developing and preserving affordable housing. The Advisory Board has ten active members, including five community members and five organizations. The purpose of the recruitment drive starting on June 19 is to fill the five vacant positions. As part of the recruitment, SKHHP staff identified categories of knowledge and experience that are limited or not present among the current makeup of the Advisory Board. These included perspectives from housing developers, landlords, philanthropic organizations, and people currently residing in affordable housing. Materials have been prepared to help spread the word about the Advisory Board recruitment. V. UPDATES/ANNOUNCEMENTS Claire Goodwin announced she would be on vacation from August 21 to Sept 4. A coverage plan will be developed. VI. ADJOURN Nancy Backus adjourned the meeting at 3:00 PM Program Coordinator-SKHHP Rebecca Gobeille General Counsel & Chief Compliance Officer 500 Naches Ave SW, Ste. 200 Renton, WA 98057 (206) 895.5244 becca.gobeille@habitatskc.org TO: SKHHP Executive Board FROM: Habitat for Humanity Seattle-King County DATE: May 25, 2023 RE: Burien Phase I Financing and Affordability Guidelines As requested, this memo is to serve as a summary of awards and funding for the first phase of development of the Habitat Burien Project (described below) and the relevant affordability requirements associated with each of those awards. Funding for the Project currently includes funds from the Washington Department of Commerce Housing Trust Fund (“HTF”), HOME funds through King County (“HOME”) and CHIP funds through King County (“CHIP”). The following is a basic timeline of awards and closings: • 05/21/20 ---- Application to the City of Burien for the Demonstration Program • 11/17/20 ---- MOU signed by the City of Burien and HFHSKC • 12/24/22 ---- King County HOME Funding Awarded • 02/04/22 ---- HTF Funding for Phase I Awarded • 05/16/22 ---- Affordable Housing Covenant signed with City of Burien • 09/06/22 ---- Letter of Consistency Received from City of Burien • 09/13/22 ---- Application Submitted to SKHHP • 12/30/22 ---- Contracts for HOME and HTF - Phase I (including CHIP) executed • 01/13/23 ---- Closing of HOME and HTF - Phase I Funding (including CHIP) • 01/13/23 ---- Award Letter Received from SKHHP for Phase I Funding On November 4, 2019, Burien adopted Ordinance 718, enacting an Affordable Housing Demonstration Program for development of a limited number of affordable housing projects within the City of Burien as demonstration projects. In 2020, Habitat applied for and was granted approval to construct 40 affordable townhome units as part of a demonstration project at 511 South 136th Street in the City of Burien ("Project"). The Demonstration Program requires that the Affordable Housing Covenant with the City of Burien specify that the household gross income for all the purchasers at the Project may not exceed, on average, 50% of King County AMI, but that no individual household’s gross income may exceed 80% AMI. The Affordable Housing Covenant has been recorded against the Project and does not have any funds connected to it. In October, 2022, the Burien City Council considered a motion to increase the income restrictions for the Demonstration Program to 60% AMI, among other changes. Ultimately, the council decided to extend the term of the Affordable Housing Demonstration Program, but not to increase the income restrictions to 60%. As a result, the restriction for homeownership units developed under the program remains at “may not exceed, on average, 50% of King County AMI”. I also note that there is some inconsistency between the City of Burien documents and the guidelines published on the City website – on certain pages the AMI restriction is shown as a maximum of 50% AMI (rather than “on average”). I was able to confirm with the City of Burien that the restrictions set out in the recorded Affordable Housing Covenant will control for the Project. Once approved by the Burien Demonstration Program, Habitat applied for funds from HTF, HOME and CHIP. Both the HTF and HOME funds will be utilized for construction of the Project. CHIP funds are limited in their use to infrastructure planning and construction. The only funding with requirements other than obtaining homebuyers with gross incomes of an average of 50% AMI is the HOME funds, which require that each affected unit be subject to a recorded HOME Program Use Agreement with options to purchase in a form approved by King County. Each of the affected five units shall be subject to an affordability period of fifty years consisting of 15 years under the HOME Program and an additional 35 years thereafter required by the County. This term matches that of the affordability requirements under both the City of Burien affordable housing covenant and the HTF loan documents. Based on the collective requirements set out by these various programs, Phase I units may only be sold to households with gross incomes which shall not exceed an average of 50% AMI across the Phase 1 units, but under no circumstances may an individual household's gross income exceed 80% AMI. Regardless of the maximum AMI set out in the Phase I loan documents and considering the constraints related to maintaining an average gross income of 50% AMI across the Phase I purchasers, Habitat is committed to ensuring that the household gross income for all Phase I purchasers is restricted to up to 60% AMI. Please let us know if there is additional information you require or if you have any questions or need additional clarification. Thank you. SKHHP 2023 Housing Capital Fund Guidelines Page 1 of 12 SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Housing Capital Fund – 2023 Funding Guidelines INTRODUCTION AND PURPOSE The Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, and Tukwila, and King County have entered into an interlocal agreement to cooperatively plan for and provide affordable housing in South King County through an organization called the South King Housing and Homelessness Partners (SKHHP). To accomplish this, SKHHP member cities provide funding to affordable housing projects through the SKHHP Housing Capital Fund. SKHHP welcomes all groups or agencies considering preserving or adding to inventory of affordable housing available to low-income households. We encourage interested parties to contact SKHHP as early in the process as possible. SKHHP welcomes all inquiries, and our goal is to help project proponents connect to partners and leverage funding to move forward in as coordinated an approach as possible. The general purpose of the Housing Capital Fund is to create and preserve affordable housing that meets the needs of low-income households earning up to 60% of area median income. AVAILABLE FUNDING Approximately $1.06 million in total funding is anticipated to be available for the 2023 application round. This total is comprised of local funds from sales tax revenue authorized by Substitute House Bill (SHB) 1406, RCW 82.14.540. FUNDING PRIORITIES SKHHP has established the following priorities for the Housing Capital Fund in 2023: Collaboration. Project sponsors working in collaboration/partnership with local community-based organizations are a high priority. Community Connections and Engagement. Project sponsors that demonstrate connections and direct experience with populations they are proposing to serve, and proven success in community engagement and involvement in decision-making are a high priority. Disproportionate Impact. Projects that ensure housing proactively meets the needs of and is available to populations most disproportionately impacted by housing costs while complying with relevant federal, state, and local fair housing laws. Economic Opportunity. Projects that support the advancement of economic opportunity are a high priority. This includes proximity to transit, commercial cores, and connections to workforce SKHHP 2023 Housing Capital Fund Guidelines Page 2 of 12 development and other services that promote upward mobility, including, but not limited to child care centers, higher education institutions, and libraries. Extremely Low Income and Supportive Housing. Proposals that provide rental housing for individuals and families earning 0-30% AMI and proposals that incorporate supportive services are a high priority. Geographic Equity. The SKHHP Housing Capital Fund has a long term objective to produce housing across SKHHP member jurisdictions through the creation of a broad distribution in the location of all types of affordable housing over time to maximize choice for individuals and families seeking affordable homes within SKHHP’s geographic purview. Homeownership. Projects that are able to provide homeownership opportunities for individuals and families earning up to 60% AMI. Leverage of Private and Public Investment. SKHHP encourages project sponsors to pursue private and public investment that provides maximum leverage of local resources. Projects that already have funding secured and/or leverage private and public investment are a high priority. Preservation. Projects that preserve housing at risk of conversion to market-rate housing are a high priority. This includes housing units with expiring affordability requirements or preservation of residential rental properties that are affordable to households earning 60% AMI, but do not have affordability requirements. Racial Equity. SKHHP encourages proposals that advance racial equity through strategies that intentionally dismantle the racially disparate impacts of our current housing system and that interrupts cyclical generational poverty. Strategies may include, but are not limited to: preserving communities at risk of displacement; creating project partnerships that give voice and ownership to communities of color; affirmatively marketing new housing opportunities to populations disproportionately experiencing cost burden and housing insecurity; and addressing historic inequities in access to homeownership. Transit-Oriented Development. Projects located within ½ mile of an existing or planned high capacity transit station, defined as fixed rail (light rail or Sounder train), bus rapid transit, or other high frequency bus stop are a high priority. Transit-oriented development is designed to support dense, walkable communities that increase access to employment, services, and other opportunities. SKHHP 2023 Housing Capital Fund Guidelines Page 3 of 12 SCHEDULE The following schedule is anticipated for the 2023 Housing Capital Fund application round: July 2023 Application package available By August 7, 2023 Provide intent to apply statement (optional) Prior to application submittal Pre-funding application meeting (mandatory) NOTICE OF INTENT TO APPLY Proponents of affordable housing projects within South King County who are planning a development and are interested in benefitting from coordinated funding are asked to submit a notice of intent to apply. Notice of intent forms are optional, but strongly encouraged and are due by Monday, August 7, 2023. Please submit your intent to apply as early as possible. A pre-application meeting is required in order to be eligible to apply to the funding round. PRE-APPLICATION MEETING Applicants are required to schedule a Pre-Funding Application Meeting to identify and discuss potential issues prior to submitting an application for funding. Pre-Funding Application Meetings will include SKHHP staff as well as staff from the jurisdiction where the project is proposed to be located. First-time applicants will benefit from meeting early and often with SKHHP. Applicants should be prepared to provide a project description identifying the population to be served, approximate number of units, income and affordability, type of construction (rehabilitation or new), neighborhood issues, whether relocation or displacement will be required, team members (developer, architect, property manager), likely funding sources, and demonstration of how the proposed project meets SKHHP’s goals and priorities. City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant’s intent to apply and may consult with their legislative body on the project proposal. Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application. Pre-Funding Application Meetings will likely be held between July 31 and August 18, 2023. To set up a Pre-Funding Application Meeting, email Dorsol Plants at dplants@skhhp.org. SKHHP 2023 Housing Capital Fund Guidelines Page 4 of 12 ELIGIBLE APPLICANTS Housing Capital Funds may be applied for by applicants or a group of applicants that are: • Non-profit organizations • Private for-profit organizations • Public housing authorities • Public development authorities • Units of local government Partnerships involving combinations of the above groups are encouraged, especially in the case where a private for-profit organization and/or applicants with less experience looking to build affordable housing development skills and abilities applies for funding. Partnerships are seen as opportunities to build organizational capacity, achieve community outcomes, and reduce investment risk for Housing Capital Funds. ELIGIBLE BENEFICIARIES The general purpose of the Housing Capital Fund is to create and preserve affordable housing that meets the needs of low-income households earning up to 60% of area median income. SKHHP uses the United States Department of Housing and Urban Development income limits and rent limits developed for the Seattle-Bellevue Metro Area. 2023 Income and Rent Limits – King County Area Median Income $146,500 Maximum 2023 Household Income for Multifamily Rental Properties 1 $19,180 $21,920 $24,660 $27,400 $29,600 $31,800 $33,980 $36,180 $28,800 $32,900 $37,000 $41,100 $44,400 $47,700 $51,000 $54,300 $33,565 $38,360 $43,155 $47,950 $51,800 $55,650 $59,465 $63,315 $38,360 $43,840 $49,320 $54,800 $59,200 $63,600 $67,960 $72,360 $43,155 $49,320 $55,485 $61,650 $66,600 $71,550 $76,455 $81,405 $47,950 $54,800 $61,650 $68,500 $74,000 $79,500 $84,950 $90,450 $57,540 $65,760 $73,980 $82,200 $88,800 $95,400 $101,940 $108,540 1 https://www.huduser.gov/portal/datasets/mtsp.html and https://www.huduser.gov/portal/datasets/il/il23/Section8- IncomeLimits-FY23.pdf SKHHP 2023 Housing Capital Fund Guidelines Page 5 of 12 Maximum Rent and Utilities for Projects Based on Unit Size $479 $513 $616 $712 $795 $877 $720 $771 $925 $1,068 $1,192 $1,316 $839 $899 $1,078 $1,246 $1,391 $1,534 $959 $1,027 $1,233 $1,425 $1,590 $1,754 $1,078 $1,155 $1,387 $1,603 $1,788 $1,973 $1,198 $1,284 $1,541 $1,781 $1,987 $2,192 $1,438 $1,541 $1,849 $2,137 $2,385 $2,631 Maximum rent and utilities for projects based on unit size includes the cost of basic utilities paid by resident. Unless the property pays ALL utilities, property must allow for the estimated amount the resident pays for utilities when calculating rent charges, so that both together do not exceed the rent limits. Most properties use public housing authority utility allowances. King County Housing Authority energy assistance supplements (formerly called utility allowances). ELIGIBLE ACTIVITIES SKHHP funds may be used for the following activities: • Acquisition, and related costs such as appraisals, financing costs, and transaction costs • Rehabilitation and new construction costs, including construction site development and off-site development if necessary to ensure utility service to the project site • Mixed-income projects so long as Housing Capital Fund dollars only assist units affordable at or below 60% of area median income At this time, SKHHP does not have funds to support early technical assistance or predevelopment costs. Applicants in very preliminary stages are encouraged to apply to Impact Capital for predevelopment funding. SKHHP member cities understand that certain County, State, and Federal housing programs require some level of matching by local resources. The SKHHP Housing Capital Fund is encouraged to be used as a local match for these programs. INELIGIBLE ACTIVITIES Housing Capital Funds may NOT be used for: The development of any non-residential use. Housing capital funds may be used in a mixed use development only for that portion of the development that is specific to the residential use. This restriction also applies to site development and off-site development costs for non-residential uses. • The cost of any program operating expenses • The cost of any political or lobbying activities or materials SKHHP 2023 Housing Capital Fund Guidelines Page 6 of 12 • Rehabilitation of single-family housing units in a manner that would duplicate participating jurisdictions’ housing repair assistance programs • Uses that are public capital facilities such as correctional facilities or impatient treatment facilities PROJECT LOCATION All projects funded under this program must be located within the SKHHP sphere of influence (see ATTACHMENT A). LOAN AND REGULATORY TERMS Housing Capital Fund dollars will be made available as either secured grants or loans. SKHHP has flexible terms designed to accommodate a range of projects and loan terms will vary based on the financial needs of the project. Applicants should indicate in the application whether they are applying for a grant or loan, and what loan terms are proposed for the project. Loan applicants will not receive priority over grant applicants. PERIOD OF AFFORDABILITY SKHHP expects that projects will commit to providing long-term affordability in the form of a 50-year regulatory agreement. A covenant will be recorded against the property that requires continued use of the property for low-income housing for the period of affordability. During this period the owner or property manager will be required to do annual reporting of tenant incomes and rents to ensure that affordability requirements are met, and SKHHP will monitor those reports to ensure compliance. If the project is converted to an alternative use or is otherwise not meeting the agreed upon terms in the regulatory agreement any time during the project’s agreed-to term of affordability, the SKHHP Housing Capital Fund contribution to the project will be subject to immediate repayment, and potentially a proportionate share of appreciation. OTHER AWARD TERMS/REPORTING REQUIREMENTS Additional funding conditions will be spelled out in an award letter to successful applicants. At a minimum, the following reporting requirements shall apply during development and occupancy: Quarterly Status Reports Quarterly status reports are required from all Housing Capital Fund funded projects during the development stage (from the time funds are awarded until completion and occupancy of the project). The quarterly reports will minimally include the status of funds expended and progress to date. A final budget must be prepared and submitted at the time of construction start and project completion. SKHHP will rely on the quarterly reports to determine if satisfactory progress is being made on the project. Additionally, SKHHP staff will inspect the project site at least once during the development/construction stage. SKHHP 2023 Housing Capital Fund Guidelines Page 7 of 12 Ongoing Monitoring After occupancy, the project sponsor or manager will submit an annual report to SKHHP summarizing the number of project beneficiaries, housing expenses for the target population, and the proportion of those beneficiaries that are low- and/or moderate-income, and that meet other eligibility criteria established in the SKHHP regulatory agreement. In addition, for projects with loan payments, financial information must be reported annually which will be used for assessing contingent loan payments and project health. All projects will also be evaluated periodically for long term sustainability. The annual reports will be required for the full duration of affordability. APPLICATION CONTENTS SKHHP uses the Combined Funders Application forms, developed jointly with other public funders including the State of Washington Department of Commerce and King County. The Combined Funders Application forms, SKHHP application addendum, and SKHHP notice of intent to apply are available on SKHHP’s website at: http://skhhp.org/home/housing-capital-fund/ Letter of consistency Projects that are selected for funding have to demonstrate consistency with community priorities and plans. Applicants must include a letter of consistency from the jurisdiction where the project is located affirming the project is consistent with the Consolidated Plan, local comprehensive plan, and its housing element, and any local housing action plans. The jurisdiction will be provided a template from SKHHP which can be used to provide the needed information to the applicant. Letter of community support Projects that are selected for funding must demonstrate community support. Applicants must include at least one letter of support from a community organization, faith-based institution, community center, or school that serves the community where the project is proposed to be located. The following materials are to be submitted for each application: One complete electronic application on a flash drive that includes: 1. A letter of consistency from the jurisdiction where the project is proposed (PDF format) 2. A letter of community support (PDF format) 3. SKHHP Addendum with narrative responses in Word format 4. Combined Funders Application that meets the following: o Attachments under each Tab should be placed in a separate folder labeled with the Tab number. o The Project Workbook must be in Excel format with linked sheets unlocked and formulas visible. Commented [CVG1]: Will need to update link once available SKHHP 2023 Housing Capital Fund Guidelines Page 8 of 12 Complete applications are to be submitted by 5:00 pm on September 15, 2023 to: SKHHP ATTN: Claire Vanessa Goodwin 25 W. Main Street Auburn, WA 98001 If you are delivering in person, please reach out to SKHHP staff in advance to confirm a time for application delivery. If you have any questions about application requirements, please contact Claire Vanessa Goodwin at (253) 931-3042 or email cvgoodwin@skhhp.org. REVIEW PROCESS Proposals will be reviewed using the following process: Step 1. An initial screening will be conducted by SKHHP staff and staff of the jurisdiction where the project is proposed to be located to determine the completeness of each application. Staff reserves the right to deny applications that are incomplete. Step 2. SKHHP will evaluate the applications and develop a recommendation to the respective City Councils. SKHHP’s recommendation will be made by its Advisory Board and approved by its Executive Board. Step 3. SKHHP member City Councils that have contributed funding will review and approve the funding recommendation submitted by SKHHP, or will return the recommendation, with comments, for further investigation before a final decision is made. SKHHP member jurisdictions where the project is proposed to be located that have NOT contributed funding to the project via the SKHHP Housing Capital Fund will be asked for a letter of support prior to a final funding decision being made. EVALUATION CRITERIA General Evaluation of applications will focus on an overall evaluation of all of the following key areas: • Advancing the goals of equity, including the extent that projects are community-driven and/or reduce or undo disproportionate harm to communities most impacted by historic injustice and displacement, including extremely low-income households with incomes at or below 30 percent of area median income and Black, Indigenous, and People of Color (BIPOC) communities. • Feasibility, timeliness, and cost effectiveness (i.e., SKHHP Housing Capital Fund award per unit/square feet, total development cost per unit/square feet, reasonableness of schedule, budgets, and proforma, adequacy of resources and ongoing sustainability, and site control to ensure timely completion). SKHHP 2023 Housing Capital Fund Guidelines Page 9 of 12 • Relevance of the project to local housing needs and funding priorities, including the extent to which the project is consistent with the local plans (e.g., Consolidated Plan, Housing Element, or area plans), and the extent to which housing need will be met and help to achieve SKHHP’s stated priorities. • Suitability of the project sponsor and development team, including any track record and/or housing development for success, adequacy of management plans, duration of affordability, ongoing sustainability, adequacy of support services, and firmness of financial commitments or likelihood of receiving those commitments. Specific The following specific information areas will be evaluated for data to support the key focus areas described above. A. Development and Operating Budgets Projects will be evaluated for cost effectiveness on a per unit and per square foot basis. Higher up- front development costs may be justified to create long-term operational efficiencies (e.g., through use of high-efficiency building systems), provided that those increased costs have a relatively short payback period. Higher land costs may be justified to account for strategic location such as proximity to transit or other local amenities. SKHHP may use third party reviewers to evaluate estimated construction costs. Development and operating budget forms should provide detailed explanation to support estimated expenses. If support services are identified as an integral part of the project, a detailed services budget must also be submitted. Proposed financing will be evaluated for feasibility based on expressed interest from lenders and investors, and applicant (or applicant team, including more-experienced consultants and partners) should have experience in obtaining financing, and other competitive criteria (e.g., estimated tax credit score if LIHTC equity is proposed). B. Project Readiness Projects will be evaluated for their readiness to proceed. Applicants should demonstrate full site control. Applicants should have a “letter of consistency” from the jurisdiction where the project will be located affirming the project is consistent with the Consolidated Plan, local comprehensive plan and its housing element, and any local housing action plans. Projects that propose significant fundraising should demonstrate steps taken to prepare for and implement a capital campaign, including a plan and timeline for the proposed capital fundraising and, preferably, a track record of past or current capital fundraising ability. Projects that will rely on public funding to cover the costs of ongoing operations or services should identify and describe the availability of such funding, and report on the project’s competitiveness for such funds based on discussions with likely funders. C. Development Team Track Record Project review will take into consideration how well experienced development teams have performed on previously funded projects and, in the interest in increasing the diversity of housing and community SKHHP 2023 Housing Capital Fund Guidelines Page 10 of 12 developers, how less experienced developers (or partners/consultants on their team) demonstrate an understanding of the steps and structures needed for success. When there is an applicable track record (for the applicant or partner/consultants), the application should identify lessons learned from those projects and describe how performance/actions have been modified as a result. D. Property and Asset Management Capacity The proposed property and asset management entities will be evaluated on their experience, performance, or developing capacity in managing comparable developments. Successful asset managers will have a detailed understanding of the physical and financial condition of their properties, regularly updated capital needs assessments, and thoughtful policies for balancing the objective of maintaining affordable rents and planning for healthy reserves and operating income to cover current and future expenses. If a project is in its preliminary stages, a boiler plate management plan may be submitted with the application. A final management plan will be required prior to contracting. A successful management plan will include the following information: • Occupancy: Information in the occupancy management plan must include lease information (length, tenant eligibility and selection standards, standards for termination of lease, eviction, lease renewal) and marketing strategies including local outreach. • Facility: The facility management plan should include provisions for both routine and long- term building maintenance. • Supportive Services: If applicable, the applicant must describe how any supportive services identified as an integral part of the project will be provided, either directly or through linkages with an existing network of service agencies and describe how those services will be in accordance with best practices for the intended population. E. Displacement and Relocation Any activity which would result in the displacement of existing residents, especially low- and/or moderate-income residents and/or BIPOC residents is discouraged. If displacement may occur, the applicant must submit, as part of the application for capital funds, a plan for providing relocation assistance to the displaced residents. If relocation may occur, the applicant is strongly encouraged to contact the King County Housing Finance Program to discuss what relocation assistance may be available. Relocation costs should be included in the project budget. Projects funded with federal dollars (e.g., CDBG funds) must meet all applicable federal relocation requirements. F. Supporting Equity The proposed project will be evaluated based on whether the development will advance SKHHP’s goals of equity, including preserving existing communities at risk of displacement (which includes manufactured housing communities); increasing opportunities for extremely low-income households (households with incomes at or below 30 percent of area median income); creating meaningful project partnerships (including with BIPOC-lead organizations) that give voice and ownership to residents and communities of color; affirmatively marketing new housing opportunities to communities less likely to SKHHP 2023 Housing Capital Fund Guidelines Page 11 of 12 access opportunities in South King County; providing affordable housing as a public investment – and potential catalyst – in areas that have traditionally received less services and/or public investments; and addressing historic inequities in access to homeownership. G. Nature of Location As part of the decision process, reviewers will want to understand how the proposed development fits into the neighborhood and would help further any number of public policy goals. Examples of furthering public policy goals could include: • Locating in a “high opportunity” location, with proximity to or easy access to jobs, grocery stores, pharmacies, schools/childcare, transportation, and community or cultural centers. • Providing affordable housing in areas at high-risk of displacement or experiencing a loss of naturally occurring affordable housing. • Investing public dollars in areas traditionally/historically underserved or as a catalyst for further investments and development. DRAFT SKHHP 2023 Housing Capital Fund Guidelines Page 12 of 12 ATTACHMENT A: SKHHP SPHERE OF INFLUENCE SKHHP 2023 Housing Capital Fund Guidelines Page 1 of 12 SOUTH KING HOUSING AND HOMELESSNESS PARTNERS Housing Capital Fund – 2023 Funding Guidelines INTRODUCTION AND PURPOSE The Cities of Auburn, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Normandy Park, Renton, and Tukwila, and King County have entered into an interlocal agreement to cooperatively plan for and provide affordable housing in South King County through an organization called the South King Housing and Homelessness Partners (SKHHP). To accomplish this, SKHHP member cities provide funding to affordable housing projects through the SKHHP Housing Capital Fund. SKHHP welcomes all groups or agencies considering preserving or adding to inventory of affordable housing available to low-income households. We encourage interested parties to contact SKHHP as early in the process as possible. SKHHP welcomes all inquiries, and our goal is to help project proponents connect to partners and leverage funding to move forward in as coordinated an approach as possible. The general purpose of the Housing Capital Fund is to create and preserve affordable housing that meets the needs of low-income households earning up to 60% of area median income. AVAILABLE FUNDING Approximately $1.06 million in total funding is anticipated to be available for the 2023 application round. This total is comprised of local funds from sales tax revenue authorized by Substitute House Bill (SHB) 1406, RCW 82.14.540. FUNDING PRIORITIES SKHHP has established the following priorities for the Housing Capital Fund in 2023: Collaboration. Project sponsors working in collaboration/partnership with local community-based organizations are a high priority. Community Connections and Engagement. Project sponsors that demonstrate connections and direct experience with populations they are proposing to serve, and proven success in community engagement and involvement in decision-making are a high priority. Disproportionate Impact. Projects that ensure housing proactively meets the needs of and is available to populations most disproportionately impacted by housing costs while complying with relevant federal, state, and local fair housing laws. Economic Opportunity. Projects that support the advancement of economic opportunity are a high priority. This includes proximity to transit, commercial cores, and connections to workforce SKHHP 2023 Housing Capital Fund Guidelines Page 2 of 12 development and other services that promote upward mobility, including, but not limited to child care centers, higher education institutions, and libraries. Extremely Low Income and Supportive Housing. Proposals that provide rental housing for individuals and families earning 0-30% AMI and proposals that incorporate supportive services are a high priority. Geographic Equity. The SKHHP Housing Capital Fund has a long term objective to produce housing across SKHHP member jurisdictions through the creation of a broad distribution in the location of all types of affordable housing over time to maximize choice for individuals and families seeking affordable homes within SKHHP’s geographic purview. Homeownership. Projects that are able to provide homeownership opportunities for individuals and families earning up to 60% AMI. Leverage of Private and Public Investment. SKHHP encourages project sponsors to pursue private and public investment that provides maximum leverage of local resources. Projects that already have funding secured and/or leverage private and public investment are a high priority. Preservation. Projects that preserve housing at risk of conversion to market-rate housing are a high priority. This includes housing units with expiring affordability requirements or preservation of residential rental properties that are affordable to households earning 60% AMI, but do not have affordability requirements. Racial Equity. SKHHP encourages proposals that advance racial equity through strategies that intentionally dismantle the racially disparate impacts of our current housing system and that interrupts cyclical generational poverty. Strategies may include, but are not limited to: preserving communities at risk of displacement; creating project partnerships that give voice and ownership to communities of color; affirmatively marketing new housing opportunities to populations disproportionately experiencing cost burden and housing insecurity; and addressing historic inequities in access to homeownership. Transit-Oriented Development. Projects located within ½ mile of an existing or planned high capacity transit station, defined as fixed rail (light rail or Sounder train), bus rapid transit, or other high frequency bus stop are a high priority. Transit-oriented development is designed to support dense, walkable communities that increase access to employment, services, and other opportunities. SKHHP 2023 Housing Capital Fund Guidelines Page 3 of 12 SCHEDULE The following schedule is anticipated for the 2023 Housing Capital Fund application round: July 2023 Application package available By August 7, 2023 Provide intent to apply statement (optional) Prior to application submittal Pre-funding application meeting (mandatory) NOTICE OF INTENT TO APPLY Proponents of affordable housing projects within South King County who are planning a development and are interested in benefitting from coordinated funding are asked to submit a notice of intent to apply. Notice of intent forms are optional, but strongly encouraged and are due by Monday, August 7, 2023. Please submit your intent to apply as early as possible. A pre-application meeting is required in order to be eligible to apply to the funding round. PRE-APPLICATION MEETING Applicants are required to schedule a Pre-Funding Application Meeting to identify and discuss potential issues prior to submitting an application for funding. Pre-Funding Application Meetings will include SKHHP staff as well as staff from the jurisdiction where the project is proposed to be located. First-time applicants will benefit from meeting early and often with SKHHP. Applicants should be prepared to provide a project description identifying the population to be served, approximate number of units, income and affordability, type of construction (rehabilitation or new), neighborhood issues, whether relocation or displacement will be required, team members (developer, architect, property manager), likely funding sources, and demonstration of how the proposed project meets SKHHP’s goals and priorities. City staff from the project location jurisdiction shall notify the respective SKHHP Executive Board member and administration of the applicant’s intent to apply and may consult with their legislative body on the project proposal. Within two weeks of such notification, a statement may be submitted on the project proposal to SKHHP staff as part of the project’s Housing Capital Fund application. Pre-Funding Application Meetings will likely be held between July 31 and August 18, 2023. To set up a Pre-Funding Application Meeting, email Dorsol Plants at dplants@skhhp.org. Formatted: Font: 11 pt SKHHP 2023 Housing Capital Fund Guidelines Page 4 of 12 ELIGIBLE APPLICANTS Housing Capital Funds may be applied for by applicants or a group of applicants that are: • Non-profit organizations • Private for-profit organizations • Public housing authorities • Public development authorities • Units of local government Partnerships involving combinations of the above groups are encouraged, especially in the case where a private for-profit organization and/or applicants with less experience looking to build affordable housing development skills and abilities applies for funding. Partnerships are seen as opportunities to build organizational capacity, achieve community outcomes, and reduce investment risk for Housing Capital Funds. ELIGIBLE BENEFICIARIES The general purpose of the Housing Capital Fund is to create and preserve affordable housing that meets the needs of low-income households earning up to 60% of area median income. SKHHP uses the United States Department of Housing and Urban Development income limits and rent limits developed for the Seattle-Bellevue Metro Area. 2023 Income and Rent Limits – King County Area Median Income $146,500 Maximum 2023 Household Income for Multifamily Rental Properties 1 $19,180 $21,920 $24,660 $27,400 $29,600 $31,800 $33,980 $36,180 $28,800 $32,900 $37,000 $41,100 $44,400 $47,700 $51,000 $54,300 $33,565 $38,360 $43,155 $47,950 $51,800 $55,650 $59,465 $63,315 $38,360 $43,840 $49,320 $54,800 $59,200 $63,600 $67,960 $72,360 $43,155 $49,320 $55,485 $61,650 $66,600 $71,550 $76,455 $81,405 $47,950 $54,800 $61,650 $68,500 $74,000 $79,500 $84,950 $90,450 $57,540 $65,760 $73,980 $82,200 $88,800 $95,400 $101,940 $108,540 1 https://www.huduser.gov/portal/datasets/mtsp.html and https://www.huduser.gov/portal/datasets/il/il23/Section8- IncomeLimits-FY23.pdf SKHHP 2023 Housing Capital Fund Guidelines Page 5 of 12 Maximum Rent and Utilities for Projects Based on Unit Size $479 $513 $616 $712 $795 $877 $720 $771 $925 $1,068 $1,192 $1,316 $839 $899 $1,078 $1,246 $1,391 $1,534 $959 $1,027 $1,233 $1,425 $1,590 $1,754 $1,078 $1,155 $1,387 $1,603 $1,788 $1,973 $1,198 $1,284 $1,541 $1,781 $1,987 $2,192 $1,438 $1,541 $1,849 $2,137 $2,385 $2,631 Maximum rent and utilities for projects based on unit size includes the cost of basic utilities paid by resident. Unless the property pays ALL utilities, property must allow for the estimated amount the resident pays for utilities when calculating rent charges, so that both together do not exceed the rent limits. Most properties use public housing authority utility allowances. King County Housing Authority energy assistance supplements (formerly called utility allowances). ELIGIBLE ACTIVITIES SKHHP funds may be used for the following activities: • Acquisition, and related costs such as appraisals, financing costs, and transaction costs • Rehabilitation and new construction costs, including construction site development and off-site development if necessary to ensure utility service to the project site • Mixed-income projects so long as Housing Capital Fund dollars only assist units affordable at or below 60% of area median income At this time, SKHHP does not have funds to support early technical assistance or predevelopment costs. Applicants in very preliminary stages are encouraged to apply to Impact Capital for predevelopment funding. SKHHP member cities understand that certain County, State, and Federal housing programs require some level of matching by local resources. The SKHHP Housing Capital Fund is encouraged to be used as a local match for these programs. INELIGIBLE ACTIVITIES Housing Capital Funds may NOT be used for: The development of any non-residential use. Housing capital funds may be used in a mixed use development only for that portion of the development that is specific to the residential use. This restriction also applies to site development and off-site development costs for non-residential uses. • The cost of any program operating expenses • The cost of any political or lobbying activities or materials SKHHP 2023 Housing Capital Fund Guidelines Page 6 of 12 • Rehabilitation of single-family housing units in a manner that would duplicate participating jurisdictions’ housing repair assistance programs • Uses that are public capital facilities such as correctional facilities or impatient treatment facilities PROJECT LOCATION All projects funded under this program must be located within the SKHHP sphere of influence (see ATTACHMENT A). LOAN AND REGULATORY TERMS Housing Capital Fund dollars will be made available as either secured grants or loans. SKHHP has flexible terms designed to accommodate a range of projects and loan terms will vary based on the financial needs of the project. Applicants should indicate in the application whether they are applying for a grant or loan, and what loan terms are proposed for the project. Loan applicants will not receive priority over grant applicants. PERIOD OF AFFORDABILITY SKHHP expects that projects will commit to providing long-term affordability in the form of a 50-year regulatory agreement. A covenant will be recorded against the property that requires continued use of the property for low-income housing for the period of affordability. During this period the owner or property manager will be required to do annual reporting of tenant incomes and rents to ensure that affordability requirements are met, and SKHHP will monitor those reports to ensure compliance. If the project is converted to an alternative use or is otherwise not meeting the agreed upon terms in the regulatory agreement any time during the project’s agreed-to term of affordability, the SKHHP Housing Capital Fund contribution to the project will be subject to immediate repayment, and potentially a proportionate share of appreciation. OTHER AWARD TERMS/REPORTING REQUIREMENTS Additional funding conditions will be spelled out in an award letter to successful applicants. At a minimum, the following reporting requirements shall apply during development and occupancy: Quarterly Status Reports Quarterly status reports are required from all Housing Capital Fund funded projects during the development stage (from the time funds are awarded until completion and occupancy of the project). The quarterly reports will minimally include the status of funds expended and progress to date. A final budget must be prepared and submitted at the time of construction start and project completion. SKHHP will rely on the quarterly reports to determine if satisfactory progress is being made on the project. Additionally, SKHHP staff will inspect the project site at least once during the development/construction stage. SKHHP 2023 Housing Capital Fund Guidelines Page 7 of 12 Ongoing Monitoring After occupancy, the project sponsor or manager will submit an annual report to SKHHP summarizing the number of project beneficiaries, housing expenses for the target population, and the proportion of those beneficiaries that are low- and/or moderate-income, and that meet other eligibility criteria established in the SKHHP regulatory agreement. In addition, for projects with loan payments, financial information must be reported annually which will be used for assessing contingent loan payments and project health. All projects will also be evaluated periodically for long term sustainability. The annual reports will be required for the full duration of affordability. APPLICATION CONTENTS SKHHP uses the Combined Funders Application forms, developed jointly with other public funders including the State of Washington Department of Commerce and King County. The Combined Funders Application forms, SKHHP application addendum, and SKHHP notice of intent to apply are available on SKHHP’s website at: http://skhhp.org/home/housing-capital-fund/ Letter of consistency Projects that are selected for funding have to demonstrate consistency with community priorities and plans. Applicants must include a letter of consistency from the jurisdiction where the project is located affirming the project is consistent with the Consolidated Plan, local comprehensive plan, and its housing element, and any local housing action plans. The jurisdiction will be provided a template from SKHHP which can be used to provide the needed information to the applicant. Letter of community support Projects that are selected for funding must demonstrate community support. Applicants must include at least one letter of support from a community organization, faith-based institution, community center, or school that serves the community where the project is proposed to be located. The following materials are to be submitted for each application: One complete electronic application on a flash drive that includes: 1. A letter of consistency from the jurisdiction where the project is proposed (PDF format) 2. A letter of community support (PDF format) 3. SKHHP Addendum with narrative responses in Word format 4. Combined Funders Application that meets the following: o Attachments under each Tab should be placed in a separate folder labeled with the Tab number. o The Project Workbook must be in Excel format with linked sheets unlocked and formulas visible. Commented [CVG1]: Will need to update link once available SKHHP 2023 Housing Capital Fund Guidelines Page 8 of 12 Complete applications are to be submitted by 5:00 pm on September 15, 2023 to: SKHHP ATTN: Claire Vanessa Goodwin 25 W. Main Street Auburn, WA 98001 If you are delivering in person, please reach out to SKHHP staff in advance to confirm a time for application delivery. If you have any questions about application requirements, please contact Claire Vanessa Goodwin at (253) 931-3042 or email cvgoodwin@skhhp.org. REVIEW PROCESS Proposals will be reviewed using the following process: Step 1. An initial screening will be conducted by SKHHP staff and staff of the jurisdiction where the project is proposed to be located to determine the completeness of each application. Staff reserves the right to deny applications that are incomplete. Step 2. SKHHP will evaluate the applications and develop a recommendation to the respective City Councils. SKHHP’s recommendation will be made by its Advisory Board and approved by its Executive Board. Step 3. SKHHP member City Councils that have contributed funding will review and, approve, and provide a statement of support for the funding recommendation submitted by SKHHP, or will return the recommendation, with comments, for further investigation before a final decision is made. SKHHP member jurisdictions where the project is proposed to be located that have NOT contributed funding to the project via the SKHHP Housing Capital Fund will be asked for a letter of support prior to a final funding decision being made. EVALUATION CRITERIA General Evaluation of applications will focus on an overall evaluation of all of the following key areas: • Advancing the goals of equity, including the extent that projects are community-driven and/or reduce or undo disproportionate harm to communities most impacted by historic injustice and displacement, including extremely low-income households with incomes at or below 30 percent of area median income and Black, Indigenous, and People of Color (BIPOC) communities. • Feasibility, timeliness, and cost effectiveness (i.e., SKHHP Housing Capital Fund award per unit/square feet, total development cost per unit/square feet, reasonableness of schedule, budgets, and proforma, adequacy of resources and ongoing sustainability, and site control to ensure timely completion). SKHHP 2023 Housing Capital Fund Guidelines Page 9 of 12 • Relevance of the project to local housing needs and funding priorities, including the extent to which the project is consistent with the local plans (e.g., Consolidated Plan, Housing Element, or area plans), and the extent to which housing need will be met and help to achieve SKHHP’s stated priorities. • Suitability of the project sponsor and development team, including any track record and/or housing development for success, adequacy of management plans, duration of affordability, ongoing sustainability, adequacy of support services, and firmness of financial commitments or likelihood of receiving those commitments. Specific The following specific information areas will be evaluated for data to support the key focus areas described above. A. Development and Operating Budgets Projects will be evaluated for cost effectiveness on a per unit and per square foot basis. Higher up- front development costs may be justified to create long-term operational efficiencies (e.g., through use of high-efficiency building systems), provided that those increased costs have a relatively short payback period. Higher land costs may be justified to account for strategic location such as proximity to transit or other local amenities. SKHHP may use third party reviewers to evaluate estimated construction costs. Development and operating budget forms should provide detailed explanation to support estimated expenses. If support services are identified as an integral part of the project, a detailed services budget must also be submitted. Proposed financing will be evaluated for feasibility based on expressed interest from lenders and investors, and applicant (or applicant team, including more-experienced consultants and partners) should have experience in obtaining financing, and other competitive criteria (e.g., estimated tax credit score if LIHTC equity is proposed). B. Project Readiness Projects will be evaluated for their readiness to proceed. Applicants should demonstrate full site control. Applicants should have a “letter of consistency” from the jurisdiction where the project will be located affirming the project is consistent with the Consolidated Plan, local comprehensive plan and its housing element, and any local housing action plans. Projects that propose significant fundraising should demonstrate steps taken to prepare for and implement a capital campaign, including a plan and timeline for the proposed capital fundraising and, preferably, a track record of past or current capital fundraising ability. Projects that will rely on public funding to cover the costs of ongoing operations or services should identify and describe the availability of such funding, and report on the project’s competitiveness for such funds based on discussions with likely funders. C. Development Team Track Record Project review will take into consideration how well experienced development teams have performed on previously funded projects and, in the interest in increasing the diversity of housing and community SKHHP 2023 Housing Capital Fund Guidelines Page 10 of 12 developers, how less experienced developers (or partners/consultants on their team) demonstrate an understanding of the steps and structures needed for success. When there is an applicable track record (for the applicant or partner/consultants), the application should identify lessons learned from those projects and describe how performance/actions have been modified as a result. D. Property and Asset Management Capacity The proposed property and asset management entities will be evaluated on their experience, performance, or developing capacity in managing comparable developments. Successful asset managers will have a detailed understanding of the physical and financial condition of their properties, regularly updated capital needs assessments, and thoughtful policies for balancing the objective of maintaining affordable rents and planning for healthy reserves and operating income to cover current and future expenses. If a project is in its preliminary stages, a boiler plate management plan may be submitted with the application. A final management plan will be required prior to contracting. A successful management plan will include the following information: • Occupancy: Information in the occupancy management plan must include lease information (length, tenant eligibility and selection standards, standards for termination of lease, eviction, lease renewal) and marketing strategies including local outreach. • Facility: The facility management plan should include provisions for both routine and long- term building maintenance. • Supportive Services: If applicable, the applicant must describe how any supportive services identified as an integral part of the project will be provided, either directly or through linkages with an existing network of service agencies and describe how those services will be in accordance with best practices for the intended population. E. Displacement and Relocation Any activity which would result in the displacement of existing residents, especially low- and/or moderate-income residents and/or BIPOC residents is discouraged. If displacement may occur, the applicant must submit, as part of the application for capital funds, a plan for providing relocation assistance to the displaced residents. If relocation may occur, the applicant is strongly encouraged to contact the King County Housing Finance Program to discuss what relocation assistance may be available. Relocation costs should be included in the project budget. Projects funded with federal dollars (e.g., CDBG funds) must meet all applicable federal relocation requirements. F. Supporting Equity The proposed project will be evaluated based on whether the development will advance SKHHP’s goals of equity, including preserving existing communities at risk of displacement (which includes manufactured housing communities); increasing opportunities for extremely low-income households (households with incomes at or below 30 percent of area median income); creating meaningful project partnerships (including with BIPOC-lead organizations) that give voice and ownership to residents and communities of color; affirmatively marketing new housing opportunities to communities less likely to SKHHP 2023 Housing Capital Fund Guidelines Page 11 of 12 access opportunities in South King County; providing affordable housing as a public investment – and potential catalyst – in areas that have traditionally received less services and/or public investments; and addressing historic inequities in access to homeownership. G. Nature of Location As part of the decision process, reviewers will want to understand how the proposed development fits into the neighborhood and would help further any number of public policy goals. Examples of furthering public policy goals could include: • Locating in a “high opportunity” location, with proximity to or easy access to jobs, grocery stores, pharmacies, schools/childcare, transportation, and community or cultural centers. • Providing affordable housing in areas at high-risk of displacement or experiencing a loss of naturally occurring affordable housing. • Investing public dollars in areas traditionally/historically underserved or as a catalyst for further investments and development. DRAFT SKHHP 2023 Housing Capital Fund Guidelines Page 12 of 12 ATTACHMENT A: SKHHP SPHERE OF INFLUENCE Possible Sources of Affordable Housing Revenue #Potential Source Description Action to Implement Enabling RCW 1 Property tax levy Cities may impose additional regular property tax levies of up to fifty cents per thousand dollars of assessed value of property in each year for up to ten •Affordable housing for households up to 50% AMI •Affordable homeownership, owner- occupied home repair, and foreclosure prevention programs for households up to 80% AMI •City must declare emergency with respect to the availability of housing that is affordable to households up to 80% AMI RCW 84.52.105 2 Local REET Option impose an additional 0.25% REET for the construction and support of affordable housing (HB 1628). The proposal would have also created new tiers for the statewide REET to support affordable housing, Legislative body may approve so long as the City is Amending RCW 3 General Fund Set- Through the annual budgeting process, cities could choose to designate a small portion of the General Negotiable Legislative body can adopt through annual budget NA 4 Inclusionary Housing housing in new development. Jurisdiction uses revenue to construct Negotiable Legislative body can adopt policy.NA 5 Sales property for affordable housing.Negotiable Legislative body can adopt policy.NA 6 Tax Increment area and use the property tax portion of increases in assessed value of properties within the increment area to pay for public improvement costs (including "Purchasing, rehabilitating,..., and constructing housing for the purpose of creating or preserving long-term government must prepare a project analysis, hold two public briefings, and have the plan reviewed by the State Treasurer's Office. City must adopt Chapter 39.114 RCW Possible Sources of Affordable Housing Revenue 7 Commercial Linkage developments based on the need for workforce <80% AMI households Would likely require statutory authority through the NA 8 Payroll tax employees. Tax could be tiered based on size of organization or gross profits. Would likely only work as subregional effort to avoid business moving to neighboring non-taxing cities.Negotiable Legislative body can adopt policy.NA 9 Collaborations and earmarks in South King County Up to the Executive Board facilitate.NA 10 State and Federal Project Specific Line Cities could share preservation projects ready to go for SKHHP advocacy. Cities could also apply to the Likely <60% AMI households (land acquisition for Community Land Trust, large rental property to partner with KCHA to preserve, etc..). SKHHP to advocate for specific projects at Additional Resources