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2008 Action Plan
HOME Program Requirements


91.220(k)(2)(i)
For HOME funds, a participating jurisdiction shall describe other forms of investment that are not described in Sec. 92.205(b).

All HOME funds are invested in a manner consistent with 24 CFR 92.205(b)(1). Specifically, HOME funds are invested in interest-bearing and non-interest-bearing amortizing loans and in deferred loans and grants.

91.220(k)(2)(ii)
If the participating jurisdiction intends to use HOME funds for homebuyers, it must state the guidelines for resale or recapture, as required in Sec. 92.254.

The Burlington HOME Program provides low-interest loans for eligible homebuyers to assist with down payment and closing costs. These loans are secured by subordinate mortgages. When properties assisted with HOME funds for this purpose are sold or transferred, the full amount of the loan plus any accrued interest is recaptured. The HOME Program uses these funds according to the HUD rules governing HOME program income. When a property owner assisted with HOME funds for this purpose refinances their principal mortgage, the city shall consider executing a subordination agreement upon receiving a written request with sufficient documentation on current fair market value and proposed refinancing amount. When considering such requests to subordinate its HOME mortgage, the city shall require that the loan-to-value ratio be no greater than 100%. When a HOME-assisted homeownership unit that is encumbered (through the requirements of another funding source) with covenants ensuring perpetual affordability for households below 80% of area median income is sold, the city does not recapture the HOME funds unless the covenants are extinguished and the affordability is no longer ensured.

91.220(k)(2)(iii)
If the participating jurisdiction intends to use HOME funds to refinance existing debt secured by multifamily housing that is being rehabilitated with HOME funds, it must state its refinancing guidelines required under 24 CFR 92.206(b). The guidelines shall describe the conditions under which the participating jurisdictions will refinance existing debt. At minimum, the guidelines must:
(A) Demonstrate that rehabilitation is the primary eligible activity and ensure that this requirement is met by establishing a minimum level of rehabilitation per unit or a required ratio between rehabilitation and refinancing.
(B) Require a review of management practices to demonstrate that disinvestment in the property has not occurred; that the long-term needs of the project can be met; and that the feasibility of serving the targeted population over an extended affordability period can be demonstrated.
(C) State whether the new investment is being made to maintain current affordable units, create additional affordable units, or both.
(D) Specify the required period of affordability, whether it is the minimum 15 years or longer.
(E) Specify whether the investment of HOME funds may be jurisdiction-wide or limited to a specific geographic area, such as a neighborhood identified in a neighborhood revitalization strategy under 24 CFR 91.215(g) or a federally designated Empowerment Zone or Enterprise Community.
(F) State that HOME funds cannot be used to refinance multifamily loans made or insured by any federal program, including CDBG.

Multi-family projects developed by locally based housing organizations that receive HOME funds for rehabilitation may utilize HOME funds to refinance existing debt, consistent with 24 CFR 92.206(b)(2), if they meet the following guidelines:

  • Refinancing is necessary to permit or to continue affordability under 24 CFR 92.252;
  • Rehabilitation is the primary eligible activity. A minimum of $7,500 of rehabilitation per unit is required;
  • The grantee must demonstrate management capacity and practices that ensure that the long term needs of the project can be met and the targeted population can be served over an extended affordability period;
  • The grantee must demonstrate that the new investment is being made to maintain current affordable units, to create greater affordability in current affordable units, or to create additional affordable units;
  • Refinancing will be limited to projects that have previously received an investment of public funds;
  • The minimum HOME affordability period shall be 15 years and all HOME assisted projects developed by locally based housing organizations are required to be perpetually affordable;
  • HOME funds may be used for refinancing anywhere in the city of Burlington;
  • HOME funds cannot be used to refinance multi-family loans made or insured by any Federal program, including CDBG.

The Champlain Housing Trust is the only certified Community Housing Development Organization (CHDO) in Burlington. The City of Burlington expects to commit the statutory 15% CHDO set aside (at least $73,463.85) to the Champlain Housing Trust for the project located at 88 King Street.

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