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HomeMy WebLinkAboutCAP 2007-09-11 Item 2A - Interlocal Cooperation Agreement - Regional Affordable House ProgramINFORMATION MEMO To: Mayor Mullet, City Council From: Evie Boykan it, Date: 9/10/07 Subject: Updated Interlocal Cooperation Agreement for the Regional Affordable Housing Program (RHAP) ISSUE The agreement and administrative guidelines of the RHAP interlocal spell out how the funds from Substitute House Bill 2060 (SHB document recording fee) revenues are to be used to support affordable housing throughout King County. The agreement between the City and the County must be reviewed and authorized (if supported), by Council and Administration for the years 2007 -2011. We are already participating in the current agreement. BACKGROUND SHB created a surcharge on the document recording fee to support affordable housing projects at the state and local level. The County is allowed to keep 5% off the top to cover the cost of collection and administration. Of the remainder, 40% is remitted to the State and 60% is retained by the county for use in the Housing Opportunity fund. These dollars are allocated to affordable income housing projects pursuant to the interlocal agreement between the county and suburban cities. The current agreement expired in December 2006. Our participation in the planning process for the RAHP dollars allows us to appoint a staff person to participate in the Interjurisdictional Advisory Group (IAG). Evie Boykan, Human Services Manager has served in this capacity, reviewing projects from the South subregion and working with the County Housing and Community development staff to make funding recommendations to the interjurisdictional Joint Recommendations committee. The IAG reviews not only RAHP dollars, but the federal Community Development Block Grant Funds. It is the CDBG funds which Tukwila applies to annually to run the Tukwila Minor Home Repair program. The major principles of the updated Interlocal agreement are attached within the letter from Executive Ron Sims. RHAP Administrative guidelines include allocation targets for projects based on subregional geographic areas. Attached also is the current distribution of RHAP dollars. DISCUSSION /ANALYSIS /ALTERNATIVES Our participation in this agreement has given us the opportunity to influence the use of county, state and federal dollars for affordable housing and community development purposes. RECOMMENDATION Recommend continued participation in the Interlocal Agreement. Refer to full Council for Mayor's signature authorization. King County Ron Sims King County Executive 701 Fifth Avenue, Suite 3210 Seattle, WA 98104 206- 296 -4040 Fax 206 296 -0194 TTY Relay: 711 www.metrokc.gov t I V r t y vv 11-P t NfNYO OF FiGE July 11, 2007 Dear Mayors, City Managers, Community Development Block Grant and HOME Consortium Coordinators: I am very pleased to present for your city's review and approval, the updated Interlocal Cooperation Agreement for the Regional Affordable Housing Program (RAHP), and the RAID Administrative Guidelines, attached thereto as Exhibit 1. This regional partnership will continue to benefit our communities through the provision of new affordable housing for many years to come. As you may recall, there was an initial planning process in 2002 to establish an Interlocal Cooperation Agreement and Administrative Guidelines for Substitute House Bill 2060 revenues. The Agreement was in place for four years and called for a planning process to begin before its expiration in December 2006. Accordingly, King County staff convened participants from local jurisdictions and from the housing community during 2006 to plan for updates to the Agreement and administrative guidelines. The planning group updated the administrative guidelines to make the program more responsive to the Ten -Year Plan to End Homelessness in King County, while preserving the flexibility of the program to address a variety of affordable housing needs throughout the region. I encourage all cities in King County to sign on to the RAHP Agreement in order to adhere to the language of the SUB 2060 legislation, which states that the funds are to be administered "...according to an interlocal agreement between the county and the cities within the county..." The Ordinance adopting the new Agreement and Administrative Guidelines was passed by the Metropolitan King County Council earlier this year and was enacted March 7, 2007. Cities have until February 1, 2008, to take action through an ordinance or resolution by each jurisdiction's council. The RAHP guidelines allow a city to participate as much or as little as desired in the program. Staff level: All cities are invited to appoint a staff person to participate in the Interjurisdictional Advisory Group (IAG). On the IAG, staff will review projects from their sub region and work with the King County Housing and Community Development staff to make funding recommendations to the interjurisdictional Joint Recommendations Committee, currently chaired by Mayor Ava Frisinger of Issaquah. If staff members from your city have not participated in the IAG, but would now like to participate, please King County is an Equal Opportunity /Affirmative Action Employer and rmmnliv.c with tit, Amarirnn.c with nicohilitirc Art •EUKuczu Mayors, City Managers, CDBG and HOME Consortium Coordinators July 11, 2007 Page 2 of 2 contact John deChadenedes with the King County Housing and Community Development Program at 206 296 -8669. Elected Official/Department Director level: Your city may also have the opportunity to have a representative on the Joint Recommendations Committee (JRC). If you would like more information on the JRC and how cities' representatives are appointed, please contact Issaquah Mayor Ava Frisinger at 425- 837 -3021, or Jackie MacLean, King County Department of Community and Human Services Director, at 206 296 -7689. The RAID Administrative Guidelines continue to include allocation targets for projects to be located throughout the region based on three large sub regional areas: the City of Seattle, East/North King County, and South King County. Project location is not necessarily tied to whether a particular jurisdiction has signed the Interlocal Agreement. If you have any questions regarding the RAHP Agreement or the Administrative Guidelines, please feel free to contact Cheryl Markham, Acting Program Manager of King County's Housing and Community Development Program, at 206 -205 -1417. Please return your signed Agreement to the attention of Cheryl Markham, King County Housing and Community Development Program, 821 2 Avenue, Suite 500, Seattle, WA 98104. Thank you for your assistance in making this regional program a success. r -sincerely, King County Executive Enclosures cc: Jackie MacLean, Director, Department of Community and Human Services ATTN: Linda Peterson, Division Director, Community Services Division Cheryl Markham, Acting Program Manager, Housing and Community Development Program Subregional distribution of RAHP allocation 2003 -2006 and current ILA (2007 -2011) Subregion: South I North /East I Seattle 2006 -07 2003 2006 Funds: Subregional target 32.3% 28.3% 39.4% Fall 2003 goal 849,000 969,000 1,180,500 2003 Proposed 2003 allocation 380,910 1,438,590 1,180,500 Actual subregional percentage 12.7% 48.0% 39.4% I 1 I Fall 2004 goal to meet interlace! targets 2,287,022 898,948 2,069,752 2004 Proposed 2004 allocation 1,489,000 2,146,112 1,624,740 Actual subregional percentage 22.6% 43.4% 34.0% 1 1 Fall 2005 goal to meet interlocal targets 1,185,828 1,353,787 Proposed 2005 allocation 1,085,828 AHA Holden Family Housing 670,000 670,000 2005 06 DESC Rainier Housing 1,353,787 1,353,787 Rental Rehab Program 100,000 Actual subregional percentage this round 25.1% 29.5% 34.2% Final percentage for 2003 2006 31.9% 29.1% 39.0% Subregion: South North /East Seattle* 2007- 2011 Funds: Subregional targets 32.3% 28.3% 39,4% Fall 2006 goal (based on targets) 1,386,000 1,214,000 3,178,000 Proposed 2006atlocation 1,720,000 324,375 1,400,000 Dash Pyramid Pointe FFC FFC Community Homes HWSMH Burien Heights Residences St. Thomas Housing Group Group Home Habitat for Humanity HUD Home Habitat for Humanity Tukwilla Home Community Homes Houses 5 6 Interim Samaki Commons Reserve for Rental Rehab Program Actual subregion/ percentage (current ILA only) File: RAHP Allocations Update 7.27.2007.xls 150,000 600,000 230,000 680,000 30,000 30,000 150,000 324,375 1,400,000 -149.9% 9:4% __4 jdec: 07/31/2007 THIS AGREEMENT is entered into between King County, a municipal corporation and political subdivision of the State of Washington, hereinafter referred to as the "county", and the City of hereinafter referred to as the "city", said parties to the Agreement each being a unit of general local government of the State of Washington. RECITALS WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as the "CPPs developed pursuant to the Washington State Growth Management Act, have established standards for cities to plan for their share of regional growth and affordable housing; and RAHP Interlocal Agreement REGIONAL AFFORDABLE HOUSING PROGRAM INTERLOCAL COOPERATION AGREEMENT An Agreement for the use of SHB 2060 Local Low Income Housing Funds in King County WHEREAS, to implement the CPPs, the King County Growth Management Planning Council appointed a public- private Housing Finance Task Force in 1994, hereinafter referred to as the "BFTF to recommend potential fund sources for affordable housing for existing low income residents and for meeting the affordable housing targets for future growth; and WHEREAS the HFTF recommended a document recording fee as a source of regional dollars for low income housing development and support, and recommended that representatives of the county, cities and the housing community work together to make decisions about the use and administration of such a fund; and 1 of 9 2007-2011 WHEREAS in March 2002, Substitute House Bill 2060, hereinafter referred to as SHB 2060, was passed by the Washington State Legislature and was signed into law by the Governor as Chapter 294, 2002 Washington Laws in April 2002, was effective on June 13, 2002, and was amended by Chapter 484, 2005 Washington Laws on August 1, 2005. SHB 2060, as amended, is codified in part as RCW 36.22.178 and provides that: [A] surcharge of ten dollars per instrument shall be charged by the county auditor for each real property document recorded, which will be in addition to any other charge authorized by law. The county may retain up to five percent of these funds collected solely for the collection, administration and local distribution of the funds. Of the remaining funds, forty percent of the revenue generated through this surcharge will be transmitted monthly to the state treasurer All of the remaining funds generated by this surcharge will be retained by the county and deposited into a fund that must be used by the county and its cities and towns for housing projects or units within housing projects that are affordable to very low- income households at or below fifty percent of the area median income. The portion of the surcharge retained by a county shall be allocated pursuant to very low income housing projects or units within such housing projects in the county and cities within the county, according to an interlocal agreement between the county and the cities within the county, consistent with countywide and local housing needs and policies [and in accordance with the eligible activities listed in the RCW 36.22.178]. and RAHP Interlocal Aereement 2 of 9 2007 -2011 WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between King County and cities in the King County Community Development Block Grant Consortium, hereinafter referred to as the "CDBG Consortium Agreements and/or existing Interlocal Cooperation Agreements between King County and cities in the King County HOME Investment Partnerships Program Consortium, hereinafter referred to as the "HOME Consortium Agreements are not modified by this Regional Affordable Housing Program Agreement; and WHEREAS, the city and county agree that affordable housing is a regional issue, that cooperation between the cities and the county is beneficial to the region, and that a regional approach to utilizing the RCW 36.22.178 funds will allow those funds to be used in the most productive manner; and WHEREAS,.it is mutually beneficial and desirable to enter into a cooperative agreement in order to administer the RCW 36.22.178 revenue as a regional fund, as authorized by the Intergovernmental Cooperation Act, RCW 39.34, and, as required by RCW 36.22.178 NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, THE PARTS HS AGREE AS FOLLOWS: I. Definitions and Interpretation. Capitalized terms used herein shall have the following meanings unless the context in which they are used clearly requires otherwise. RAHP Interlocal Agreement 3 of 9 2007 -2011 "Joint Recommendations Committee" or "JRC" means the interjurisdictional body developed pursuant to and the CDBG and HOME Consortia Agreements as described in Section III of this Agreement. "Interjurisdictional Advisory Committee" or "Advisory Committee" means the work group consisting of representatives from cities eligible to participate in the Regional Affordable Housing Program, and from the county. This group is advisory to the JRC. "RAHP /2060 Planning Group" means the planning group consisting of representatives from the cities, from the county, and from housing and human services agencies serving King County, that will convene during the year the Regional Affordable Housing Program Guidelines expire to review the program and the guidelines and to recommend any changes or updates to the guidelines to the JRC. II. General Agreement The purpose of this Agreement is to establish the "Regional Affordable Housing Program" (hereinafter referred to as the "RAHP to be administered by King County in cooperation with cities and towns within the county that are eligible to participate in the program. The local portion of RCW 36.22.178 revenue shall be administered as a regional fund by the King County Housing and Community Development Program in a manner that is consistent with countywide and local housing needs and policies. The city and the county agree to cooperate in undertaking RAHP activities as set forth herein. III. Administration, Distribution and Use of the RAHP A. Joint Recommendations Committee RAHP Interlocal Agreement 4 of 9 2007 -2011 RAHP Interlocal Agreement An interjurisdictional Joint Recommendations Committee (JRC) has been established through the CDBG and HOME Consortia Interlocal Cooperation Agreements and is hereby adopted as part of this Agreement. Changes to the JRC that occur in the CDBG and HOME Consortia Interlocal Agreements are incorporated by reference into this Agreement. 1. Composition of the JRC. For RAHP purposes, the JRC shall be composed of cities' representatives and county representatives as specified in the CDBG and HOME Consortia Agreements, with the addition of an appointment from the City of Seattle. The Seattle JRC representative will only attend JRC meetings that concern the RAHP funds and will be entitled to vote solely on RAHP issues and not on other King County Consortium matters coming before the JRC. The Seattle representative shall be an elected official, department director or comparable level staff. 2. Powers and Duties of the JRC. The JRC shall be empowered to: a. Review and adopt annual RAMP fund allocations. b. Review and adopt RAHP allocation policies. c. Review and adopt any subsequent updates to the RAHP Administrative Guidelines, as appropriate, and when they expire in 2010 (the RAHP Admininstrative Guidelines are attached to this Agreement as Exhibit 1). A jurisdiction that is party to this Agreement may dispute a JRC decision concerning the RAHP Guidelines by informing the JRC Chair of the dispute, and the JRC Chair will schedule time on the JRC agenda to discuss and resolve the disputed issue. 5 of 9 2007 -2011 In carrying out its duties, the JRC shall make decisions that are consistent with the RCW 36.22.178, the Consolidated Housing and Community Development Plan of the King County Consortium and the City of Seattle, the Ten Year Plan to End Homelessness in King County and other local housing plans, as applicable. 3. Interiurisdictional Advisory Committee to the JRC. In fulfilling its duties under this Agreement, the JRC shall consider the advice of an Advisory Committee, made up of representatives from those jurisdictions eligible to participate in the RAHP that choose to send representation. The Advisory Committee will meet at least once per year with King Coi my staff to recommend projects for RAHP funding to the JRC and may monitor the distribution of RAHP funds to the sub- regions and make recommendations to the JRC concerning actions to achieve geographic equity. If the Advisory Committee considers issues other than the RAHP, the staff from the City of Seattle shall only participate for the purpose of making RAHP recommendations. B. Administration of RAHP Programs The King County Housing and Community Development Program "HCD staff shall distribute RAHP funds pursuant to the allocations adopted annually by the JRC, and shall administer the program pursuant to the terms of this Agreement and the RAHP Administrative Guidelines. King County HCD staff shall provide the JRC and the Advisory Committee with an annual report that provides information about the capital housing projects that were P A TTP Tntarinral A c rpampnt 6 of 9 2007 -2011 King County HCD staff shall invite the representatives of cities that are a party to this Agreement to be involved in any work groups convened to update the RAID Operations and Maintenance "O &M Fund policies, and to be on the review panel that will recommend O &M funding awards to the JRC. C. Administrative Costs The county agrees to pay the costs of administering the Regional Affordable Housing Program out of the five percent (5 of the funds collected by the county for expenses related to collection, administration and local distribution of the funds, pursuant to RCW 36.22.178. No portion of the sixty percent (60 of the RCW 36.22.178 revenue retained by the county in a fund for the RAH shall be utilized for RAIIP administration. D. Interest on the RAHP Fund Interest accrued on the sixty percent (60 of the RCW 36.22.178 revenue retained by the county in a fund for the RAHP shall remain with the RAIIP fund and will be distributed to projects according to the subregional allocation target formula found in the RAHP Administrative Guidelines. E. Sub Regional Geographic Equity The parties intend that the RAHP funds shall be awarded to projects throughout King County in a fair and equitable manner over the duration of this Agreement. Equity is to be achieved through sub regional allocation targets, as follows: A fixed percentage of RAHP local funds will be allocated to each sub region of the county identified in RAHP Interlocal Agreement awarded RAHP funds in that year, as well as the status of capital housing projects that were awarded RAHP funds in a prior year(s). 7 of 9 2007 -2011 the RAHP Administrative Guidelines by the expiration of this Agreement. The percentage goals for each sub region set by the folinula in the RAHP Administrative Guidelines shall by updated by the JRC when new data is available. F. General Use of Funds The local portion of the RCW 36.22.178 revenue shall be utilized to meet regional housing priorities for households at or below fifty percent (50 of area median income, as established in the RAE? Administrative Guidelines. G. Compliance with Fair Housing Laws Parties to this Agreement must take actions necessary to ensure compliance with the Federal Fair Housing Act, as amended, the Americans with Disabilities Act of 1990, and other applicable state and local fair housing laws. IV. Effective Date This Agreement shall be effective on January 1, 2007. V. A>reement Duration This Agreement shall remain in effect through December 31, 2011. VI. General Matters and Recording A. No separate legal or administrative entity is created by this Agreement. Neither the JRC, the Advisory Committee, nor the RAHP /2060 Planning Group are anticipated to acquire or to liold any real or personal property pursuant to this Agreement. Any personal property utilized in the normal course of the work of such bodies shall remain the property of the person, entity or city initially offering such personal property for the use of any such body. RAMP Interlocal Agreement 8 of 9 2007 -2011 B. The county may terminate this Agreement if at least forty percent (40 of the jurisdictions in King County representing seventy -five percent (75 of the population of King County have not signed this Agreement by February 1, 2008. C. Recording Pursuant to RCW 39.34.040, this Agreement shall be filed with King County Records. KING COUNTY, WASHINGTON CITY OF For King County Executive Jackie MacLean, Director Printed Name Department of Community and Human Services Date Date Approved as to Form: OFFICE OF THE KING COUNTY PROSECUTING ATTORNEY RAHP Interlocal Agreement By: Signature Printed Name Title Approved as to Form: CITY OF CITY ATTORNEY Michael Sinsky, King County Senior Deputy City Attorney Prosecuting Attorney ATTEST: CITY OF City Clerk 9 of 9 2007 -2011 Exhibit 1 RAHP Guidelines EXHIBIT 1 King County Regional Affordable Housing Program Administrative Guidelines for 2007 2010 I. Introduction The provisions of Substitute House Bill (SHB) 2060 became effective in Washington State on June 13, 2002. SUB 2060 created a document recording fee on certain documents to be utilized for low income housing. Administration of the fund is shared between local governments and the State. The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement between the county and the cities and towns within King County. The work of the Housing Finance Task Force (HFTF), appointed by the King County Growth Management Planning Council in 1994, led to the passage of SHB 2060. In recognition of the recommendations made by the HFTF, a Regional Affordable Housing Program (RAHP) /2060 Planning Group convenes to plan for the use of King County SHB 2060 funds. The King County RAHP /2060 Planning Group is made up of city representatives, county representatives, and representatives from a variety of private housing and services organizations in King County. City representatives have included staff from the cities of: Burien, Tukwila, Kent, Federal Way, Redmond, Kirkland, Issaquah, Shoreline, Covington, Seatac, Auburn, Seattle, Bellevue and ARCH Housing and services organization representatives included staff from the following: Seattle -King County Housmg Development Consortium, Impact Capital, South King County Multi- Service Center, HopeIink, Fremont Public Association, Seattle Habitat for Humanity, South King County Habitat for Humanity, Friends of Youth, the Salvation Army, Community Psychiatric Clinic, Lifelong Aids Alliance, St. Andrews Housing Group, Housmg Resource Group, EDVP, YWCA, Mental Health Housing Foundation, Rental Housing Association, Highline -West Mental Health, Valley Cities Counseling; Seattle Emergency Housing Service, Common Ground, and Vietnam Veterans. 1 of 12 2007 -2011 The King County RAHP /2060 Planning Group has designed a regional low income housing fund source, to be administered by the King County Housing and Community Development Program (HCD) in the Department of Community and Human Services. II. Duration of the Guidelines The RAHP Guidelines shall take effect on January 1, 2007, and shall remain in effect until December 31, 2010. III. Review and Update of the Guidelines Beginning in 2010, the Guidelines will be updated through the interjurisdictional Joint Recommendations Committee (JRC) pursuant to the RAHP Interlocal Cooperation Agreement, hereinafter "RAHP Agreement." The RAHP /2060 Planning Group will convene in the first half of 2010 to review the program and the RAHP Guidelines and to recommend any proposed changes to the JRC for adoption prior to the expiration date. IV. Decision Making Structure and Regional Allocation Method A. Approving Body Joint Recommendations Committee. The interjurisdictional JRC, as defined in the RAHP Agreement, shall be the body that reviews and updates the RAHP Guidelines beginning in 2010, and reviews and adopts annual RAHP funding allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP Agreement, to include representation from the City of Seattle on RAHP matters. Allocations and related policies adopted by the JRC must be consistent with these RAHP Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, other local housing plans, as applicable, and the Ten Year Plan to End Homelessness m King County. Leadership Program, Compass Center, Catholic Community Services, the King County Housing Authority, Seattle Exhibit 1 RAHP Guidelines 2 of 12 2007 -2011 1. Anneal Process for IRC Decisions a. Cities Adoption of Guidelines Pursuant to the RAHP Interlocal Agreement, a participating jurisdiction may appeal a JRC decision concerning the update of RAID Guidelines. The jurisdiction must inform the Chair of the IRC, and the JRC chair will schedule time on the JRC agenda to discuss the appeal issue. b. Applicants Annual Fund Allocations Applicants for RAHP funds may appeal a JRC allocation decision if they have grounds based on substantial violation of a fair allocation process, such as bias, discrimination, conflict of interest, or failure to follow the RAHP Guidelines. Appeals by applicants will receive initial review for adequate grounds by the Director of the King County DCHS. If adequate grounds for an appeal are found, the DCHS director will put the appeal on the JRC agenda for review. B. Annual Fund Allocation Recommendations An interjurisdictional advisory committee to the JRC, made up representatives from participating jurisdictions in the RAI P Consortium, will work with the King County Housing Finance Program (HFP) staff of King County HCD to make RAHP allocation recommendations and related program policy recommendations to the JRC. While the advisory committee may make recommendations concerning several fund sources for affordable housing in the King County Consortium, the City of Seattle staff will participate on the committee solely for the purpose of making RAHP recommendations. Mental Health, and the Committee to End Homelessness Exhibit 1 RAHP Guidelines 3 of 12 2007 -2011 The review process for RAID allocations will proceed as follows: King County HCD staff will review all RAHP applications and make preliminary funding recommendations. Cities' staff will review applications for projects in their jurisdiction and make preliminary recommendations on those applications. Cities' staff will receive information on all RAID applications to review prior to the advisory committee meeting at which final funding recommendations are formulated for transmittal to the JRC. Advisory committee participants will meet together at least annually to decide upon RAHP funding recommendations to the JKC, and may meet at other times during the year, as necessary, to discuss RAPIP issues and make recommendations to the JRC. C. Subregional Allocation Targets The RAHP Fund will be a flexible fund that can address regional and subregional housing needs. The fund will use subregional allocation targets as a means to achieve geographic equity in the distribution of SHB 2060 funds by December 31, 2010, the date that these guidelines expire. 2 Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000 census data for households in the unincorporated portions of the King County Community Planning Areas, as listed in the 2002 Annual Growth Report. Exhibit 1 RAHP Guidelines 1. Subregional Areas: a. City of Seattle Subregion b. North/East Subregion north and east urban and rural areas, including 34 percent of unincorporated King County 4 of 12 2007 -2011 c. South Subregion south urban and rural areas, including 66 percent of unincorporated King County 2. Formula for Subregional Allocation Targets Each subregion will have a targeted percentage of the RAHP funds, including the interest on the RAHP funds, allocated to projects within the subregion over the period of time that the RAMP Guidelines are in effect. Each subregion will receive allocations to projects within the subregion that are equal to or greater than 95 percent, of the subregions' allocation target by December 31, 2010. The formula for allocating RAMP funds to the subregions is as follows: One half of the RAHP funds shall be targeted for allocation among the three subregions based on each subregion's relative share of total existing need for affordable housing. Existing need shall be determined by the percentage of low income households paying more than 30 percent of their income for housing in the subregion, according to the 2000 U.S. Census data. One half of the RAID funds shall be targeted for allocation amongst the three subregions based on the subregions' growth targets for future need, as established through the Growth Management Planning Council. Future need shall be determined by the subregions' relative share of total future need for affordable housing in the County. A subregion's relative share of future need is the percentage of the subregion's affordable housing target for low income households relative to the cumulative affordable housing target for low- income households of all jurisdictions in Exhibit 1 RAHP Guidelines 5 of 12 2007 -2011 Exhibit 1 RAHP Guidelines the county, including unincorporated King County Based upon the RAHP formula, the sub regional allocation targets are as follows: City of Seattle: 37.9 percent South: 32.7 percent North/East: 29.4 percent 3. Interiurisdictional Advisory Committee to Monitor Subregional Allocation Targets The advisory committee will monitor the subregional distribution of RAHP funds every year, determining if any subregion(s) received allocations below 95 percent of the subregion's allocation target. If any subregion received allocations under 95 percent of the target allocation after several funding cycles, the HCD staff will work with the advisory committee to adjust the allocation targets of such subregion(s) in the subsequent funding cycles, as needed. In addition, the advisory committee may propose strategies and actions, for review by the JRC, that are designed to increase the percentage of RAHP funds spent in those subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will assist in implementing actions that will aid in achieving geographic equity in RAHP allocations by December 31, 2010. 3 The percentage of a subregion's target relative to the cumulative target is derived by averagmg the target percentages of the jurisdictions within that subregion. For each jurisdiction, the target percentage is calculated in the following manner the number of households that a jurisdiction must anticipate, per the 2002 -2022 Countywide Planning Policy (CPP) Growth Target, is multiplied by .24 or .20 (depending on the ratio of low wage jobs to low cost housing for the jurisdiction in Appendix 3 of the CPPs); that number is divided by the cummulative affordable housing target for low income households of all King County jurisdictions, including unincorporated King County. 6 of 12 2007 -2011 V. Use of the RAHP Funds in Kine County A. RAHP Priorities 1. Top Priority: Capital funds for the acquisition, rehabilitation and/or new construction of units of eligible housing types. New construction is not eligible if the low income housing vacancy rate for all of King County exceeds 10 percent 2. Second Priority: Operations Maintenance "O &M fund program for existing homeless housing This program provides O &M funding for existing transitional housing and transition in place units. The housing units must be eligible for the Washington State Housing Trust Fund, and must show that they require RAHP O &M funds in order to cover ongoing building operating expenses. 3. Third Priority: O& M funds for existing emergency shelters and licensed overnight youth shelters. 4. Last priority: Rental assistance vouchers to be administered by a local housing authority in conformity with the Section 8 program. The low income housing vacancy rate for each county will be established by the state, pursuant to the SHB 2060 legislation. 5 The O &M fund for the 2007 -2010 guidelines is set at approximately 22 percent of S3,222,000 (the average of the RAHP collections in 2004 and 2005), which is $700,000 per year for the four year period of the guidelines. 6 Existing housing is defined as housing that exists as of the date of an application for RAHP funds. 7 Transition in place units are permanent rental units where supportive services are provided for a period of time, as needed by a household. Households do not need to move when the supportive services are phased out. Exhibit 1 RAHP Guidelines 7 of 12 2007 -2011 B. RAHP Eligibility 1. Eligible Housing Tunes a. Capital Funds Permanent rental housing units Transition in place and transitional housing units; units that are not time limited are encouraged. Emergency shelter and licensed overnight youth shelter Ownership housing 8 RAHP funds are Limited to 50 percent of the development cost of any project; consequently, if a shelter project cannot secure adequate funding for the entire cost of development, the RAHP cannot priontize the project. 9 Homeless households include: households that lack a fixed, regular and adequate residence; households that reside in a publicly or privately operated shelter designed to provide temporary living accommodations; households that reside in time limited housing; and households that currently reside in an institution and will be exiting the institution without a fixed, regular and adequate residence. Exhibit 1 RAHP Guidelines b. O &M Funds: Existing transitional and transition in place housing units Existing emergency shelters and licensed overnight youth shelters 2. Eligible Populations Served by Housing Units All units funded with RAHP funds must serve households at or below 50 percent of area median income. Projects that include units for households at or below 30 percent of area median income are encouraged. Homeless households including youth. Households at risk of homelessness. 8 of 12 2007 -2011 10 Households at risk of homelessness include: households paying 50 percent or more of their income for rent, households that have a history of homelessness and are currently unstable, households living in overcrowded or substandard housing, households Exhibit 1 RAHP Guidelines Disabled households or households with a disabled member. Families. Special needs populations, including seniors. 3. Eligible Applicants Nonprofit organizations Housing Authorities Local governments For profit entities are only eligible for capital funds in the top priority. This is due to the language of the SHB 2060 legislation, which restricts building operations and maintenance funds to projects "eligible for the Washington State Housing Trust Fund." For -profit entities are not eligible for the Washington State Housing Trust Fund. 4. Eligible use of RAHP Funds by Priority a. Capital funds: Acquisition of land for eligible housing New construction of eligible housing Acquisition of building(s) for eligible housing Rehabilitation of units of eligible housing or to create new units of eligible housing Capitalization of a replacement reserve in connection with a capital investment for new or existing eligible housing units 9 of 12 2007 -2011 that are substantially behind on their monthly housing payment or have a pending eviction, households with a disability whose housing is at risk due to aging relatives or other factors. 11 See Note 6. 12 See Note 7 13 Other requirements for capitalized O &M reserves include: 1) projects will not be eligible for these funds unless they have either applied first to CTED for O &M and been denied, or have not received Housing Trust Fund capital dollars and are, therefore, not eligible for O &M from CTED; 2) funds will be awarded only in appropriate amounts as neede,d pursuant to review by the Housing Finance Program, and will be subject to negotiated modifications; and 3) capitalized reserves will be committed for a maximum of five years' rent buy -down subsidy. Exhibit 1 RAHP Guidelines Capitalization of O &M rent buy -down reserves for new eligible housing units to serve households below 50 percent of AMI that are primarily homeless", or at risk of homelessness Capitalized O &M reserves may only be used to write down rents to very affordable rent levels, below 30 percent of AMI and below 50 percent of AMI (i.e. between 30 percent and 50 percent of AMI,) for units that do not have debt service. Capitalized O &M reserves must be used for expenses directly related to running the building and may not be used for services to the tenants or to cover debt service This eligible use may not exceed 20 percent of the RAHP capital funds in any funding cycle. b. O &M Funds: Existing transition in place or transitional housing units are eligible for O &M for ongoing building operations and maintenance expenses that cannot be covered by the rental income of the project, and may not include the cost of services to tenants or debt service. 10 of 12 2007 -2011 Existing emergency shelters and licensed, overnight youth shelters are eligible for O &M for general operating expenses, including services. c. Vouchers: Rental assistance vouchers must be administered by a local housing authority in conformity with the Section 8 program. VI. RAHP Administration The RAHP funds shall be administered as a regional fund by the King County HCD Program. A. RAHP Capital Funds RAI P capital funds, including capitalized O &M reserves for new projects and maintenance reserves, will be administered by HFP in conjunction with other fund sources administered by HFP. The HFP will staff the interjurisdictional advisory committee and will work with the committee to develop RAHP funding allocation recommendations and related policy recommendations for JRC review and adoption. The HFP will distribute RAHP funds through contracts pursuant to the allocations adopted by the JRC, and will generate an annual RAHP report that provides information about the projects that received funding in the current year, as well as the status of projects awarded RAHP funds in prior year(s). The terms of the King County Housing Opportunity Fund (HOF) will apply to RAHP contracts, with the exception of the following: Exhibit 1 RAHP Guidelines 11 of 12 2007 -2011 To the extent that there are differences between the HOF guidelines and RAHP guidelines, the RAHP guidelines will apply. A financial match by the local government where a housing project is to be located is not required, but is encouraged. RAHP funds will have no maximum subsidy per unit, but the development portion of the award (not including O &M rent buy -down reserves) will be limited to 50 percent of the total development cost of a project. B. RAHP Operating and Maintenance Funds The RAHP O &M funds will be administered through the King County HCD Program's Homeless Housing Programs (1 P) Section. The priority for RAHP O &M funds is existing projects that have been unsuccessful in receiving State 2060 O &M funds or ESAP funds. HIP will work with the Committee to End Homelessness to ensure that the uses of RAHP O &M funds are consistent with the priorities of the Ten Year Plan to End Homelessness. HELP will invite city staff and other stakeholders to participate in updating the RFP parameters for O &M funds, if and when updates are necessary, and will invite the same to participate on the panel to review applications for the RAHP O &M funds. The review panel will recommend O &M fund awards to the JRC for final adoption. Exhibit 1 RAHP Guidelines 12 of 12 2007 -2011