HC Packet 2-8-2018ROLL CALL
CITY OF CUPERTINO
AGENDA
HOUSING COMMISSION
10300 Torre Avenue, City Hall Conference Room C
Thursday, February 8, 2018
9:00 AM
APPROVAL OF MINUTES
1. Subject: Draft Minutes of September 14, 2017
Recommended Action: Approve or modify the Draft Minutes of September 14, 2017
Draft Minutes of September 14, 2017
CEREMONIAL MATTERS AND PRESENTATIONS
2. Subject: Election of the Chair and Vice Chair for 2018
Recommended Action: Appoint a new Chair and Vice Chair for 2018
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the commission
on any matter not on the agenda. Speakers are limited to three (3) minutes. In most
cases, State law will prohibit the commission from making any decisions with respect to
a matter not listed on the agenda
WRITTEN COMMUNICATIONS
PUBLIC MEETINGS
3. Subject: Amendment of Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing Units.
Recommended Action: Recommend that that City Council approve amendments to
the Policy and Procedures Manual for Administering Deed Restricted Affordable
Housing Units, per the draft resolution.
Staff Report
A- Draft Reso 18 -XX
B- Redlined Policy and Procedures Manual for Administering Deed Restr
Page 1
Housing Commission AGENDA February 8, 2018
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning
to attend the next meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, 48
hours in advance of the meeting to arrange for assistance. Upon request, in advance,
by a person with a disability, meeting agendas and writings distributed for the meeting
that are public records will be made available in the appropriate alternative format.
Also upon request, in advance, an assistive listening device can be made available for
use during the meeting.
Any writings or documents provided to a majority of the members after publication of
the agenda will be made available for public inspection. Please contact the City
Clerk's Office in City Hall located at 10300 Torre Avenue during normal business
hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal
Code 2.08. 100 written communications sent to the Cupertino City Council,
Commissioners or City staff concerning a matter on the agenda are included as
supplemental material to the agendized item. These written communications are
accessible to the public through the City's website and kept in packet archives. You are
hereby admonished not to include any personal or private information in written
communications to the City that you do not wish to make public; doing so shall
constitute a waiver of any privacy rights you may have on the information provided to
the City.
Members of the public are entitled to address the members concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of
that item. If you wish to address the members on any other item not on the agenda, you
may do so during the public comment.
Page 2
Housing Commission
September 14, 2017
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
DRAFT MINUTES OF THE REGULAR MEETING OF
THE HOUSING COMMISSION HELD ON September 14, 2017
ROLL CALL
Commission Members present
Commission Members absent:
Staff present:
Nina Daruwalla, Chair
Shirley Chu, Vice Chair
Sue Bose, Commissioner
Sanjiv Kapil, Commissioner
John Zhao, Commissioner
Kerri Heusler, Senior Housing Planner
APPROVAL OF MINUTES
1) Minutes of the June 8, 2017 Housing Commission meeting were approved aswritten.
APPROVE: Daruwalla, Chu, Bose
ABSENT: Zhao
ABSTAIN: KapiI
VOTE: 3-0-1
POSTPONEMENTS
None
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
Staff member Heusler and Chair Daruwalla shared an email from resident Connie Cunningham to the
City expressing appreciation for the housing panel and offering input on the City'sADU ordinance as a
solution to the housing crisis.
OLD BUSINESS
None
NEW BUSINESS
1) 2016-17 Community Development Block Grant (CDBG) Program Consolidated Annual Performance
and Evaluation Report (CAPER)
Chair Daruwalla opened the item. Staff member Heusler gave an overview of the 2016-17 CAPER,
written by Consultant, Colleen Lopez. Commissioners discussed the Fiscal Year (FY) 2016-17 and 2017-18
funding allocation process and staff member Heusler gave an overview of the upcoming FY 2018-19
process. Vice Chair Chu joined the meeting. The CAPER will be submitted to the U.S. Department of
Housing and Urban Development (HUD) by the September 30, 2017 deadline.
MOTION: Commissioner Bose moved to approve Draft Resolution 17-04 recommending approval of the
2016-17 Community Development Block Grant (CDBG) Program Consolidated Annual Performance and
Evaluation Report (CAPER) and submittal to HUD. Vice Chair Chu seconded the motion.
APPROVE: Daruwalla, Chu, Bose, Kapil
A BSEN T: Z h ao
ABSTAIN: none
VOTE: 4-0-1
STAFF AND COMMISSION REPORTS:
Staff member Heusler gave an overview of the City Speaker Series and highlighted the August housing
panel. Staff member Heusler provided a flyer and information about the City's Below Market Rate
(BMR) workshop on September 21, 2017. In addition to the outreach performed by Hello Housing, the
City isreaching out to publicagency employeesand would like assistance in connecting with theteacher
community. Commissioners offered to reach out to their contacts at the school districts and requested
electronic information from staff. Commissioner Bose gave an overview of the work done by all City
commissions presented at the Mayor's monthly meeting. Commissioner Chu reported that Mayor
Vaidhyanathan would like the Housing Commission to discuss SB35 and SB540. Staff member Heusler
gave an update on these legislative bills and reported that September 15, 2017 is the deadline for the
I egi sl ators to vote on new bills.
ADJOURNMENT:
The meeting was adjourned at 10:27am to next regular Housing Commission meeting on October 12,
2017.
Respectfully submitted:
/s/Kerri Heusler
Kerri Heusler
Senior Housing Planner
2
SUBJECT
COMMUNITY DEVELOPMENT DEPARTMENT
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • www.cupertino.org
HOUSING COMMISSION STAFF REPORT
Agenda Date: February 8, 2018
Amendment of Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units.
RECOMMENDED ACTION
Conduct Public Meeting; and
1. Adopt Resolution No. 18 -XX; approving amendments to the Policy and Procedures
Manual for Administering Deed Restricted Affordable Housing Units.
DISCUSSION
The City's Policy and Procedures Manual for Administering Deed Restricted Affordable
Housing Units (Manual) serves as the day-to-day operational administrative manual for
both City staff and its Below Market Rate (BMR) program administrator for BMR units
created by the City's Housing Mitigation Program.
The Manual has recently been updated and forwarded to the Housing Commission for a
formal amendment. This Manual establishes procedures for the ongoing administration
of the inventory of the City's BMR units created by the Housing Mitigation Program.
The Manual describes policies for managing the BMR eligibility requirements, priority
point placement system, waiting list, income qualification, asset verification, resale
restriction calculation, homeownership and rental process, occupancy verification, and
rental recertification. This Manual was also reviewed by the City's outside housing legal
counsel Goldfarb and Lipman, LLC and the City's current BMR program administrator
Hello Housing.
Periodically language in the Manual is reviewed to improve implementation, follow
regional best practices, and conform to legal standards. In addition, minor corrections
and edits have been made for consistency, readability, or clarifications. The proposed
revisions have been identified with strikethroughs and underlines (as appropriate) in
Attachment B. Note that new language is indicated in blue, language that has been moved
is indicated in green text, and deleted language is indicated in red.
Analysis
Improve Implementation:
Section 2.5 BMR Application Waitlist
• The waitlist will become effective January 1st- December 31st of the following
year.
• Current BMR tenants are not eligible to apply for the BMR Rental Waitlist. If
current BMR tenants desire to change their BMR units, either within or between
buildings, they must first vacate their current unit and then return to the BMR
Rental Waitlist. Exceptions will be made for current tenants who request a
reasonable accommodation.
Section 4.10 Annual Monitoring
• The City or the City's Agent shall monitor compliance of all the requirements of
the BMR program, including, but not limited to, occupancy. The owner shall
cooperate with the City and provide required certifications and any reasonable
requests for supporting documentation to confirm compliance within fifteen (15)
days of receipt of a written request by the City.
Section 5.1 Income Limits
• In some instances, specific units are restricted to extremely low-income as
evidenced in the project's affordable housing agreement.
Section 5.1.1. Minimum Income Requirements
• A minimum income, determined by each BMR rental property owner and manager,
is required of applicants. The minimum income requirement may not exceed a
requirement of gross monthly income of over three (3) times the BMR rental rate.
Section 5.2 Asset Limit
• Assets are calculated based on account balances at the time of application.
Section 5.8 Annual Recertification of Income
• In the event that a tenant no longer meets the household minimum size
requirements (see Section 3.1) for their unit, such tenant's household may be
moved to a smaller unit when an appropriately sized unit becomes available in the
same property, in accordance with the terms of the tenant's lease.
Section 6.2 Eligible Prospective Tenants
• In reviewing each candidate, the apartment owner/property manager may apply
the same tenant selection criteria, such as past performance in meeting financial
obligations and credit references, as those applied to applicants for non -BMR units
2
on the property, except for those standards relating to income eligibility (Section
5.1) and minimum income (Section 5.1.1) requirements.
Section 6.7 Terms of Affordability Covenants
• The deed restrictions imposed on each BMR unit pursuant to the program shall
remain in effect for a specified period from the date of recordation of the
Regulatory Agreement.
Follow Regional Best Practices:
Section 3.4 Definition of Residency in Cupertino (City of Sunnyvale's Policy)
• Residing in Cupertino means: Occupying and renting, at the time of application
for at least one month prior to the application date, a bone fide rental dwelling unit
(mobile home and SRO units, or) within the Cupertino limits, as evidenced by a
valid third -party documentation (e.g. current lease, CA driver's license or vehicle
registration card, and/or utility bills showing applicant's name and street address
in Cupertino). For homeless applicants, evidence that the applicant's last
permanent residence was located in Cupertino and/or documentation from a case
manager or homeless service provider may be used to document applicant's
current status in Cupertino, which may include places or structures other than a
bona fide dwelling unit (i.e. tent, vehicle, etc.)
Section 4.1.2 Credit Score
• All applicants and co -applicants must have a minimum middle (3 credit bureau
reporting) FICO credit score of 660. Credit score will be verified at the time of
application and the applicant(s) will be responsible for all fees associated with the
credit report.
Section 4.2 Asset Limit
• Households with assets over $100,000 or 30% of the BMR purchase price,
whichever is greater, held in the United States or foreign countries will not be
eligible to purchase a BMR home.
Section 4.2.1 Minimum Cash Available
• Buyer must contribute a minimum of 3% of their own funds towards down
payment. In other words, buyer's Combined Loan to Value Ratio (CLTV) may not
exceed 97%. Buyer must contribute a minimum of 5.0% of the BMR purchase price
for down payment plus closing costs (gift funds are allowed).
Section 4.2.2 Gift Funds
3
• Gift funds for the purchase of a BMR unit will be counted towards the applicant's
overall asset limit. Applicant(s) may receive up to 27% of the BMR purchase price
in gift funds as evidenced by a gift letter signed by all parties involved.
Section 4.4.1 Initial Prices of Newly Constructed Units (City of San Francisco's Policy)
• Newly constructed initial BMR sales prices will be determined by the City or its
agent. The City or its agent will calculate newly constructed initial BMR sales
prices for both median- and moderate -income based on the maximum affordable
housing cost provisions of Section 50052.5 of the California Health and Safety
Code, Section 6920 of the California Code of Regulations, and most recent
published HCD income limits. A 10% down payment and a mortgage interest rate
that is the ten (10) year rolling average of 30 -year interest rate data provided by
Freddie Mac will be assumed when calculating initial pricing.
Section 4.6 Occupancy Conditions
• All owners of BMR units must occupy the premises as his or her principal place of
residence for at least ten (10) months out of each calendar year. Each owner shall
provide an annual written certification to the City that the owner is occupying the
premises as his or her principal place of residence. Any absence from the premises
by an owner for a period of sixty (60) or more consecutive days shall be deemed
an abandonment of the premises as the principal residence of owner, and the City
may declare a default under the Resale Agreement.
Section 4.7 Required Pre -Purchase Education
• After the applicant(s) are placed on the BMR Ownership Waitlist and before
closing escrow on a BMR unit, the applicant(s) must attend a BMR pre -purchase
education.
Section 5.3 Qualification as Renter
• Applicant(s) cannot own a home and/or be on title of a property when applying
for the BMR rental program.
Section 5.6 Occupancy Conditions
• To qualify as a household member, the Head of Household and Co -Head of
Household must occupy the unit as their primary residence for at least 10 months
of the year. Any absence from the premises by a Head of Household or Co -Head
of Household for a period of sixty (60) or more consecutive days shall be deemed
an abandonment of the premises as the principal residence of tenant, and the City
may declare a default under the rental restrictions.
Section 7.0 Appeal Process
4
• The appellant may further appeal the decision of the Community Development
Director or the Executive Director, as applicable, by filing a written appeal with
the Community Development Director within ten (10) days of the date of the
decision. The appeal will be heard by a Third -Party Hearing Officer within thirty
(30) days from the date of receipt of the written appeal. The Third -Party Hearing
Officer's decision on the appeal is final.
Conform to Legal Standards:
Section 2.6 False Statements
• During the BMR application process or annual recertification, households that
intentionally make false statements or misrepresent any facts on the application to
purchase or rent a BMR unit, or on the annual recertification, will be removed from
the BMR waitlist and barred from re -applying for a BMR unit in Cupertino in the
future.
If the City or its agent should discover that a contract was completed by a
purchaser or renter who intentionally made false statements or misrepresented the
facts in order to appear eligible or remain eligible, the City will treat this as a
breach of the Occupancy, Refinancing, and Resale Restriction Agreement with
Option to Purchase (Resale Agreement) or rental restrictions and may exercise any
remedies allowed under the Resale Agreement and/or rental restrictions and any
and all remedies allowable by law.
Section 6.8 Terms of Lease
• BMR tenants will be subject to the same conditions of tenancy as other tenants
occupying the subject property, except for terms relating to occupancy, income
eligibility, annual recertification, and limits on rents. Each BMR unit shall be leased
under a form of tenant lease approved by the City. The tenant lease shall, among
other matters:
o Provide for termination of the lease for failure: (1) to provide any
information required under the Regulatory Agreement or reasonably
requested by the apartment owner/property manager to establish or
recertify the tenant's qualification, or the qualification of the tenant's
household, for occupancy of the BMR unit, or (2) to income qualify as a
result of any material misrepresentation made by such tenant with respect
to the income computation or certification;
o Be for an initial term of not less than one (1) year. After the initial year of
tenancy, the lease may be month to month by mutual agreement of the
apartment owner/property manager and the tenant, however the rent may
not be raised more often than once every twelve (12) months after such
initial year. The apartment owner/property manager will provide each
5
tenant with at least sixty (60) days' written notice of any increase in rent
applicable to such tenant;
o Prohibit subleasing of the BMR unit or any portion of the BMR unit, contain
nondiscrimination provisions, and include the tenant's obligation to inform
the property manager of any need for maintenance or repair;
o Allow termination of the tenancy only for an increase in tenant's household
income above qualifying income or for good cause, including violation of
the terms and conditions of the tenant lease, violations of house rules, non-
payment of rent, violations of applicable federal, state, or local law, or other
good cause;
o Include, at the apartment owner's option, the obligation for the tenant to
provide a security deposit not exceeding two (2) months' rent; and
o Otherwise conform to this Manual.
Next Steps
This is the first of two public meetings. The second public meeting will be held at a
future City Council meeting with a date and time to follow.
Recommendation
Forward the Housing Commission's recommendations regarding the Policy and
Procedures Manual for Administering Deed Restricted Affordable Housing Units to City
Council for final adoption.
Prepared b3L.
/s/ Kerri Heusler
Kerri Heusler
Senior Housing Planner
ATTACHMENTS:
A - Resolution No. 18 -XX
Reviewed & Approved by:
/s/ Benjamin Fu
Benjamin Fu
Assistant Director of Community
Development
B - Redlined Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
0
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
RESOLUTION NO. 18 -XX
OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO APPROVING THE
AMENDMENTS TO THE POLICY AND PROCEDURES MANUAL FOR ADMINISTERING
DEED RESTRICTED AFFORDABLE HOUSING UNITS
WHEREAS, the Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units (Exhibit 1) serves as the day-to-day operational manual for both City
staff and its Below Market Rate (BMR) program administrator for BMR units generated by the
City's Housing Mitigation Program; and
WHEREAS, from time to time the Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing units is to be updated in order to amend policies and
procedures; and
BE IT FURTHER RESOLVED that the Housing Commission of the City of Cupertino
hereby approves the amendments to the Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing Units.
PASSED AND ADOPTED at a regular meeting of the Housing Commission of the City of
Cupertino this 8t', day of February, 2018 by the following vote:
Vote Members of the Housing Commission
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
/s/ Kerri Heusler
Kerri Heusler
Senior Housing Planner
h11raraCIGIVA 91
/s/ Nina Daruwalla
Nina Daruwalla
Chair, Housing Commission
Exhibit 1
Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
(Attached)
Approved by the City Council
DATE
Resolution No. 18 -
10300 Torre Avenue
Cupertino, CA 95014
Voice: (408)777-3251
Fax: (408)777-3330
City of Cupertino Housing
Division Department of
Community Development
TABLE OF CONTENTS
Contents
1.0 Introduction........................................................................................................................ l
2.0 Application Selection Process..........................................................................................2
2.1.
Conflict of Interest.................................................................................................2
2.2.
Priority Point Placement System..........................................................................2
2.3.
Requests for Reasonable Accommodation...........................................................3
2.4.
Housing Constructed for People with Disabilities...............................................3
2.5.
BMR Applicant Waitlist........................................................................................3
Asset Limit............................................................................................................10
2.5.1. Solicitation of Applicants...........................................................................4
3.6.
2.5.1. Submitting a BMR Waitlist Application Form .......................................... 5
2.5.1. Submitting a BMR Program Application..................................................5
4.2.2. Gift Funds.................................................................................................10
2.5.1. Application Fees.........................................................................................5
4.3.
2.5.1. Eligibility Process to Reapply on BMR Waitlist........................................ 5
2.5.2. Applicant's Right to Refuse BMR Unit......................................................5
2.6.
False Statements.....................................................................................................6
3.0 Minimum Homebuyer/Tenant Eligibility Requirements...............................................6
3.1.
Household Minimum Size Requirements.............................................................6
3.2.
Household Composition........................................................................................6
3.3.
Definition of Employment in Cupertino..............................................................7
3.4.
Definition of Residency in Cupertino...................................................................7
3.5.
Annual Gross Income............................................................................................7
Asset Limit............................................................................................................10
3.5.1. Documentation to Verify Sources of Income............................................7
3.6.
Assets.......................................................................................................................8
3.6.1. Documentation to Support Assets.............................................................. 8
4.0 Ownership Units- Requirements for Buying a BMR Unit.............................................9
4.1.
Income Limits.........................................................................................................9
4.1.1. Co-applicants..............................................................................................9
4.1.2. Credit Score................................................................................................9
4.2.
Asset Limit............................................................................................................10
4.2.1. Minimum Cash Available.........................................................................10
4.2.2. Gift Funds.................................................................................................10
4.3.
Definition of First-time Homebuyer...................................................................10
4.4.
Affordable Sale Price Determination.................................................................10
4.4.1. Initial Prices of Newly Constructed Units................................................10
4.4.2. Prices of Existing BMR Units..................................................................11
4.5.
Financing...............................................................................................................11
4.5.1. Lenders......................................................................................................11
4.5.2. Loan Requirements...................................................................................
11
4.5.3. Insurance Requirements...........................................................................11
4.6.
Occupancy Conditions.........................................................................................
11
4.7.
Required Pre -Purchase Education.....................................................................12
4.8.
Documents for Completing Home Purchase......................................................12
TABLE OF CONTENTS
4.9. Term of Affordability..........................................................................................12
4.10. Annual Monitoring..............................................................................................12
4.10.1. Failure to Submit Annual Certification..................................................13
5.0 Rental Units- Requirements for Renting a BMR Unit..................................................13
5.1.
Income Limits.......................................................................................................13
6.2.
5.1.1. Minimum Income Requirements.............................................................13
6.3.
5.1.2. Co-Signers.................................................................................................13
5.2.
Asset Limit............................................................................................................13
6.5.
5.2.1. Documentation to Support Assets............................................................13
5.3.
Qualification as Renter........................................................................................14
5.4.
Rental Rate Determination..................................................................................14
5.5.
Previewing of Unit................................................................................................14
5.6.
Occupancy Conditions.........................................................................................15
5.7.
Annual Rent Adjustments...................................................................................15
5.8.
Annual Re -Certification of Income.....................................................................15
5.9.
Terms of Tenancy.................................................................................................16
6.0 Requirements of Apartment Owners and Property Managers...................................16
6.1.
Availability of New Units for Lease....................................................................16
6.2.
Eligible Prospective Tenants...............................................................................16
6.3.
Prospective Tenant's Previewing of Unit...........................................................16
6.4.
Executed Lease Agreement.................................................................................16
6.5.
Annual Rent Adjustments...................................................................................16
6.6.
Owner/Manager Certification.............................................................................17
6.7.
Terms of Affordability Covenants......................................................................17
6.8.
Terms of Lease.....................................................................................................17
6.9.
Occupancy Requirements....................................................................................18
7.0 Appeal Process..................................................................................................................18
8.0 Authority..........................................................................................................................18
List of Exhibits
Exhibit 1 BMR Waidist Application Form
Exhibit 2 BMR Program Application (Ownership)
Exhibit 3 BMR Program Application (Rental)
Exhibit 4 24 CFR 5.609 and Excerpts from the Technical Guide for Determining Income and
Allowances for the HOME Program
Exhibit 5 Buyer's Disclosure Statement
Exhibit 6 BMR Renter Occupancy Certification
Exhibit 7 Certificate of Receipt of Administrative Procedures Manual
Exhibit 8 BMR Lease Addendum
1.0 Introduction
As required by Section 19.172.030 of the Cupertino Municipal Code, this Manual establishes
procedures for the on-going administration of the inventory of affordable units, also referred to as
Below Market Rate (BMR) units, created by the City of Cupertino's Residential Housing Mitigation
Program. The manual includes procedures and guidelines for prioritizing applicants, evaluating the
eligibility of applicants, setting maximum affordable sales and rents prices, and monitoring
compliance of homeowners and tenants with the recorded affordability covenants. The manual will
provide guidance to City staff, the City's program administrator (agent), BMR homeowners, B M R
renters, and property managers of rental complexes that contain BMR units. The attached
exhibits and certain portions of this manual will be updated as necessary to comply with regulations
and policies of the United States Department of Housing and Urban Development (HUD), State
of California Department of Housing and Community Development (HCD), and City Housing Element
and zoning ordinance.
A separate manual, the "Below Market Rate (BMR) Housing Mitigation Program Procedural
Manual," establishes the procedures for implementing the City's Housing Mitigation Program. In
accordance with the City's Housing Element, all new residential and/or non-residential developments
are required to help mitigate project -related impacts on affordable housing needs.
The City of Cupertino has overall responsibility for the BMR program although the administration
may be contracted out to another agency. The guidelines in this Manual must be interpreted in
conjunction with the City's Housing Element, zoning, and documents implementing the BMR
program.
Page 1 of 18
2.0 Application Selection Process
2.1. Conflict of Interest
The following individuals are ineligible to purchase or rent a BMR unit:
• City employees and officials (and their immediate family members and dependents)
who have policy-making authority or influence regarding City housing programs,
participate in making decisions regarding City housing programs, administer City
housing programs, or whose salary is paid in any part from a City housing program;
• Any consultant to the City and employees of the consultant (and their immediate
family members and dependents) who have policy-making authority or influence
regarding City housing programs, participate in making decisions regarding City
housing programs, administer City housing programs, or whose salary is paid in any
part from a City housing program;
• An applicant for or developer of the project containing the BMR units and its officers
and employees (and their immediate family members), and the property owner of the
project and its officers and employees (and their immediate family members); or
• Any other individual who has a conflict of interest as defined by federal or state law
or the City's adopted Conflict of Interest Code.
In addition, if an employee of any consultant involved with City housing programs is on the
waitlist for any BMR unit, all review of that employee's application must be performed by
the City. The City will screen for applicants that fall under this conflict of interest policy
when verifying income sources and employers at the time of application.
2.2. Priority Point Placement System
The City has established a priority point placement system that reflects the City's priorities
regarding placement of households into the limited number of BMR affordable units in the
City. Under the priority point placement system, preference is given to applicants who live
and/or work in Cupertino, with an additional priority point awarded to public employees
who work in Cupertino (for instance, school district employees, City employees, police,
fire, post office, etc.). The priority point placement system point scale is listed below.
Applicants must qualify for priority points at the time of application and again at the time of
review for a BMR ownership or rental unit.
Applicants can receive up to a maximum of 4 points based on the following criteria below:
One Point =
Cupertino resident
Two Points =
Working in Cupertino
One Point =
Public Employee Working in Cupertino
Applicants receiving four points shall be considered the highest priority; applicants receiving
three points shall be considered the second highest priority; applicants receiving two points
shall be considered the third highest priority; applicants receiving one point shall be
considered the fourth highest priority; and applicants receiving zero points shall be considered
the lowest priority.
Page 2 of 18
In addition, applicants who have been displaced from rental housing in Cupertino by
public or private redevelopment shall receive a priority over all other applicants.
2.3. Requests for Reasonable Accommodation
The City and its agent have an obligation to provide a "reasonable accommodation" to
applicants if they or any family members have a disability or handicap, as defined by law,
that requires a change in the usual application process.
A reasonable accommodation is some modification or change that we can make to the policies
or procedures that will assist an otherwise eligible applicant with a disability to take
advantage of the City's BMR program. Examples of a reasonable accommodation include:
• Making large type documents or a reader available to a vision impaired applicant
during the application process;
• Permitting an outside agency to assist an applicant with a disability to meet the
property's screening criteria; or
• Permitting a sign language interpreter to assist a hearing impaired applicant during
the application process.
An applicant that has a family member with a disability must still be able to meet the essential
obligations of the BMR program. Potential renters must be able to pay rent, care for their
apartments, report required information to the owner, avoid disturbing neighbors, etc., but
there is no requirement that they be able to do these things without assistance. Potential
homeowners must have adequate income to support a mortgage and meet other eligibility
criteria.
If you or a member of your household has a disability or handicap and think you might need
or want a reasonable accommodation, you may request it at any time in the application
process. If you would prefer not to discuss your situation with us, that is also your right.
2.4. Housing Constructed for People with Disabilities
Some BMR units may be specially constructed to be accessible for people with disabilities.
In the event that an accessible unit becomes available, persons with disabilities on the waitlist
will be provided a preference for those BMR units.
2.5. BMR Applicant Waitlist
The waitlist application period for BMR ownership and rental units will open on the first
business day of October annually. At that time, BMR ownership and rental waitlist
application forms will be accepted. The waitlist application period will close on the last
business day of October annually. Anyone who wishes to be included on the waitlist must
apply each year within this time frame, including those who were on the waitlist in
previous years. Each waitlist application form will be separated into a subgroup based on
priority points. For applicants reapplying for a position on the waitlist, the applicant will
maintain their current position on the waitlist from the previous year, provided the applicant
continues to qualify for a BMR unit and their priority points remain unchanged. Applicants
who are no longer income eligible, or who do not reapply, will be removed from the waitlist
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each year. Making it to the waitlist does not confer any rights or priviledges beyond the
qualification opportunites described in this Manual.
Within 30 business days of the submission deadline (the last business day of October), the
City or its agent will conduct a lottery for new applicants. Along with the City or its agent,
two witnesses must assist with the lottery. New applicants will be added to the bottom of the
list of the priority group for which they are eligible, after applicants who were on the list in
previous years and continue to qualify. The lottery will be performed for the new applicants
within each priority group to randomly assign each applicant a waitlist number. For example,
a new applicant who qualifies for three priority points will be placed into the lottery with the
other new applicants who qualify for three priority points and all of the new applicants will
be placed in the order generated by the lottery below those with priority points who were
already on the list within that priority group and who continue to qualify.
All candidates will be emailed/mailed results of their applications by the end of December
annually specifying if they have been denied or approved, and if approved, their applicant
number on the waitlist. The waitlist will become effective January 1St- December 31St of the
following year.
BMR units that become available will be offered based upon the order of the waitlist
within each priority group. If there is no eligible household in the highest priority group,
the City or its agent will then look at applicants in the second highest priority group and
so on. BMR units that become available will be offered to households whose self-reported
income and household size match the available unit and in the order of the waitlist in each
pnority group.
Current BMR tenants are not eligible to apply for the BMR Rental Waitlist. If current BMR
tenants desire to change their BMR units, either within or between buildings, they must first
vacate their current unit and then return to the BMR Rental Waitlist. Exceptions will be made
for current tenants who request a reasonable accommodation.
2.5.1. Solicitation of Applicants
Applications for BMR ownership and rental units shall be solicited as necessary to
maintain an adequate number of applications in each of the following applicant pools:
BMR Ownership Units
• Median Income (up to 100% Area Median Income or AMD
• Moderate Income (up to 120% AMD
BMR Rental Units
• Very Low -Income (up to 50% AMD
• Low Income (up to 80% AMD
Outreach shall be conducted through the City's website, program brochures, community
workshops, presentations and periodic print media advertising. The City or its agent shall be
responsible for updating the content on the City's website and distributing program
brochures that are culturally and linguistically appropriate to the community. These
brochures will be available at City Hall, the Cupertino Public Library, the Quinlan
Community Center, the Cupertino Senior Center, and other appropriate locations.
Page 4 of 18
Furthermore, the City or its agent shall conduct outreach efforts through local media that
are culturally and linguistically appropriate to the community.
2.5.2. Submitting a BMR Waitlist Application Form
See Exhibit 1 for a sample copy of the BMR Waitlist Application Form for ownership and/or
rental units.
2.5.3. Submitting a BMR Program Application
See Exhibit 2 for a sample copy of the BMR Program Application (Ownership). See Exhibit
3 for a sample copy of the BMR Program Application (Rental).
2.5.4 Application Fees
BMR application and administrative fees may change from time to time. As a result, the most
recently approved application and administrative fees will be disclosed by the City or its
agent at the time of application annually in October for both BMR ownership or rental units.
There will be no annual fee to maintain an applicant's place on the waitlist.
2.5.5. Eligibility Process to Reapply on BMR Waitlist
An applicant must reapply each year to remain on the waitlist. All applicants must apply
annually in October. The only exceptions are those desiring an additional priority as
displacees. They must apply within 90 days of receiving a displacement notice.
Provided the applicant continues to qualify for a BMR unit and their priority points remain
unchanged, the applicant will maintain their current position on the waitlist from the previous
year. Applicants who are no longer income eligible or who do not reapply will be removed
from the waitlist each year.
Priority points are not guaranteed from year to year. If an applicant loses any priority points
since the last year's application, that applicant will be assigned to the next appropriate priority
group and will receive a waitlist number within that priority group. If there are other
applicants on the list in the lower priority group who were in that priority group on the
previous year's waitlist, the applicant who lost the priority point(s) will be placed below the
people who were already in the priority group during the prior year. A similar process will be
followed if an applicant gains priority points.
Candidates must keep the City or its agent informed about their current mailing address,
telephone contact information, employment information, household composition, or any
substantial changes in income that may affect the applicant's eligibility to remain on the
waitlist.
2.5.6. Applicant's Right to Refuse BMR Unit
An applicant has two opportunities annually to refuse a BMR unit and retain their place
on the waitlist. If an applicant refuses a third time, then they will be placed at the bottom of
the waitlist.
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2.6. False Statements
During the BMR application process or annual recertification, households that intentionally
make false statements or misrepresent any facts on the application to purchase or rent a BMR
unit, or on the annual recertification, will be removed from the BMR waitlist and barred from
re -applying for a BMR unit in Cupertino in the future.
If the City or its agent should discover that a contract was completed by a purchaser or renter
who intentionally made false statements or misrepresented the facts in order to appear eligible
or remain eligible, the City will treat this as a breach of the Occupancy, Refinancing, and
Resale Restriction Agreement with Option to Purchase (Resale Agreement) or rental
restrictions and may exercise any remedies allowed under the Resale Agreement and/or rental
restrictions and any and all remedies allowable by law.
3.0 Minimum Homebuyer/Tenant Eligibility Requirements
Every purchaser or tenant of a BMR unit must meet specific minimum eligibility
requirements, as follows:
• Annual gross household income (including the income of all household members 18
years of age and older) must not exceed the maximum income limits established for
the BMR unit;
• All owners and tenants must live in the BMR unit as a primary residence; and
• Potential owners must be able to obtain primary mortgage financing and have a
minimum of 5.0% of the BMR purchase price for down payment plus closing costs
(gift funds are allowed).
3.1. Household Minimum Size Requirements
To ensure that the City's limited BMR units are used efficiently, a household must be of
at least a size equal to the number of bedrooms in the BMR unit. For instance, to be eligible
to purchase or rent a three-bedroom unit, a household must contain at least three members.
Minimum household occupancy standards for BMR units are:
1 bedroom unit
= 1 person
2 bedroom unit
= 2 persons
3 bedroom unit
= 3 persons
4 bedroom unit
= 4 persons
3.2. Household Composition
A household is comprised of one or more persons who may or may not be related. An
unborn child can be counted in family size once there is medical confirmation of pregnancy.
An adoption in process will be counted in family size with verification of the adoption
process being underway. A child will be considered part of the household when the child
lives with a single parent for at least 75% of the time or in instances of joint custody,
at least 50%. The applicant will need to submit a copy of the divorce decree and/or
child custody agreement as verifiable documentation. If a divorce is in process, it may not
be possible to qualify an applicant because family size and financial status are unclear.
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If the applicants are proposing to combine households with the purchase of the BMR, the
combined household must meet eligibility requirements and combined income must meet the
household income limits.
3.3. Definition of Employment in Cupertino
A letter or verification of employment shall serve as sufficient proof of employment in
Cupertino.
3.4. Definition of Residency in Cupertino
Residing in Cupertino means: Occupying and renting, at the time of application for at least
one month prior to the application date, a bone fide rental dwelling unit (mobile home and
SRO units, or) within the Cupertino limits, as evidenced by a valid third -party documentation
(e.g. current lease, CA driver's license or vehicle registration card, and/or utility bills showing
applicant's name and street address in Cupertino). For homeless applicants, evidence that the
applicant's last permanent residence was located in Cupertino and/or documentation from a
case manager or homeless service provider may be used to document applicant's current
status in Cupertino, which may include places or structures other than a bona fide dwelling
unit (i.e. tent, vehicle, etc.)
3.5. Annual Gross Income
Applicants' household annual gross income shall be calculated in accordance with the
Technical Guide for Determining Income and Allowances for the HOME Program published
by the U.S. Department of Housing and Urban Development, as it may be amended (the
HOME Guide), and 24 CFR 5.609, attached as Exhibit 4. See Section 4.1 for income limits
for an ownership unit. See Section 5.1 for income limits for a rental unit.
The HOME Guide is available here: http://portal.hud.gov/huddoc/19754_1780.pdf
24 CFR 5.609 is available here: https://www.gpo. _og v/fdsys/pkg/CFR-2016-title24-
vol l /xml/CFR-2016-title24-vol l-sec5-609.xm1
Exhibit 4 provides the definitions of what is included and excluded from the determination of
annual gross income in accordance with the Code of Federal Regulations. In summary, gross
household income is the sum of all the income for every adult, 18 years or older, living
in the unit. Sources of income include all wages or salaries, overtime pay, commissions,
fees, tips, bonuses and other compensation, net income from a business or profession or
from the rental of real or personal property, interest and dividends, payments received from
social security, annuities, insurance policies, retirement funds, pensions, disability or death
benefits, payments in lieu of earnings, public assistance, alimony and child support
received, and any other sources of income.
3.5.1. Documentation to Verify Sources of Income
The gross annual incomes of all household members age 18 or older are considered when
determining eligibility. The types of income to be verified and the type of documentation that
will be requested will include:
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For rental applicants, signed copies of federal tax return for the most recent year.
If the federal tax return for the most recent year has not been filed, then a signed
copy of the federal tax return for the previous year plus evidence of income in the
most recent year (W2 forms, 1099 forms) shall be provided. For ownership
applicants, this same information is required for the three most recent years.
Copies of payroll stubs or other verification of employment for the last two
consecutive months.
Bank statements for the last two consecutive months (used to verify that the
applicant meets asset requirements as defined in Section 3.6 Assets6Assets).
All income determinations are based primarily on the applicant's income for the past year as
evidenced by the documents listed above and additional verification, if requested, as listed
below. Income calculations will not factor in any speculative or uncertain projections of
future earnings, such as calculations of bonuses and overtime. Where major changes have
occurred in life circumstances since the applicant's last year of employment, including only
such major changes as retirement, job loss or gain, changes in base pay, or disability or death
of a wage earner, the City may deduct projected income losses or add projected income gains
from the applicant's income for the past year.
Additional income verification may also be requested as follows:
Source of Income
Documentation
Salaries and wages
Verification from employer
Business income
Verification of income by a certified
public accountant or bookkeeper including
a most recent quarterly profit/loss statement
Interest and dividend income
Current bank statements or dividend statements
Retirement and Insurance Income
Verification from source
Unemployment and Disability Income
Verification from source
Welfare Assistance
Verification from source
Alimony, Child Support, and Gift Income
Verification from source
Armed Forces Income
Verification from source
Other
Verification from source
3.6. Assets
There are limits to the amount of assets that are used for eligibility for ownership and rental
units. See Section 4.2 for asset limits for an ownership unit. See Section 5.2 for asset limits
for a rental unit.
3.6.1. Documentation to Support Assets
The table below represents what is included and excluded as assets and the type of
documentation that will be requested.
Page 8 of 18
Assets
Documentation
Checking Account, Savings Account,
Mutual Fund/Money Market
Fund, Certificates of Deposit (C.D.)
Copies of two most recent statements
Stocks, including Options
Copy of stock certificate or proof of purchase and
statement of current value; for stock prices attach a
copy of recent dated newspaper or online source that
shows the value of each company's stocks
Bonds, including savings bonds
Copies of most recent document
Trust
Copies of most recent document
Gift
Signed Gift Letter by all parties
Personal Loan
Letter or loan agreement
Down Payment Assistance Loan
Copy of Agreement
Individual Development Match Account
Copy of two most recent statements
Other
Verification from source
4.0 Ownership Units- Requirements for Buying a BMR Unit
4.1. Income Limits
The BMR ownership program is designed to assist first-time median- and moderate -income
homebuyers. The BMR ownership program uses income limits published by HCD annually
for Santa Clara County, per household size. HCD's income limits include the median- and
moderate -income categories and income limits are adjusted per household size. BMR
ownership program income limits per household size are published annually.
• Median Income (up to 100% AMD
• Moderate Income (up to 120% AMD
Current median- and moderate -income ranges are available here:
http://www.cupertino.or /og ur-city/departments/community-
development/housing/affordable-housing=pro gram/bmr-purchase-program
4.1.1. Co -applicants
The City or its agent will accept one application per household. A co -applicant is defined
as an adult member of the household whether related or unrelated who intends to apply for
the BMR unit, be on the title of the property with the applicant, and occupy the unit
as his or her primary residence. The combined income and assets of all adult members
of the household (including co- applicants) to purchase a BMR unit must not exceed the
maximum income limits per household size and asset limitations of the program. All co -
applicants must go through the same process as the applicant and must agree to comply
with the program requirements. Non -occupant co -signors are not allowed to assist with the
BMR purchase.
4.1.2. Credit Score
Page 9 of 18
All applicants and co -applicants must have a minimum middle (3 credit bureau reporting)
FICO credit score of 660. Credit score will be verified at the time of application and the
applicant(s) will be responsible for all fees associated with the credit report.
4.2. Asset Limit
Households with assets over $100,000 or 30% of the BMR purchase price, whichever is
greater, held in the United States or foreign countries will not be eligible to purchase a BMR
home. Excluded from assets are: all non -accessible funds, including any assets that generate
a penalty when withdrawn i.e. 401K, CALPERS, STRS, and other pension plans. See Section
3.6 for a definition of assets and a list of documents that must be submitted to support the
calculation of assets.
4.2.1. Minimum Cash Available
Buyer must contribute a minimum of 3% of their own funds towards down payment. In other
words, buyer's Combined Loan to Value Ratio (CLTV) may not exceed 97%. Buyer must
contribute a minimum of 5.0% of the BMR purchase price for down payment plus closing
costs (gift funds are allowed).
4.2.2. Gift Funds
Gift funds for the purchase of a BMR unit will be counted towards the applicant's overall
asset limit. Applicant(s) may receive up to 27% of the BMR purchase price in gift funds as
evidenced by a gift letter signed by all parties involved.
4.3. Definition of First-time Homebuyer
An applicant must be a first-time homebuyer to be considered for a BMR ownership unit. An
applicant shall be considered a first-time homebuyer if they have not owned a home for at least
three years. This definition applies to properties owned in the United States as well as foreign
countries. An exception will be made for people who were homeowners prior to a divorce or
legal separation.
The City or its agent may verify first-time homebuyer status by (1) reviewing mortgage
deductions on the three most recent years of federal tax returns for each adult in the
applicant's household; (2) a signed statement on the application stating homeownership
status; and (3) a title search.
4.4. Affordable Sale Price Determination
4.4.1. Initial Prices of Newly Constructed Units
Newly constructed initial BMR sales prices will be determined by the City or its agent. The
City or its agent will calculate newly constructed initial BMR sales prices for both median -
and moderate -income based on the maximum affordable housing cost provisions of Section
50052.5 of the California Health and Safety Code, Section 6920 of the California Code of
Regulations, and most recent published HCD income limits. A 10% down payment and a
mortgage interest rate that is the ten (10) year rolling average of 30 -year interest rate data
provided by Freddie Mac will be assumed when calculating initial pricing.
Page 10 of 18
4.4.2. Prices of Existing BMR Units
Resale prices for existing BMR units will be determined by the City or its agent. The City
or its agent will reference the Resale Agreement recorded on the title of the existing BMR
unit when calculating the BMR resale price.
4.5. Financing
4.5.1. Lenders
Prospective purchasers of BMR units must seek and obtain primary mortgage financing in
order to purchase a BMR unit. There is no prearranged City financing; however, the City
and its agent maintain a list of City approved BMR lending institutions who have provided
written confirmation through their underwriting and/or bond department that their lending
institution is able to provide primary mortgage financing with the City's BMR
requirements. In order to qualify as an approved BMR lender the institution must have
reviewed and approved the City's Resale Restriction Agreement, Deed of Trust, and
Promissory Note in advance. From time to time the City may require additional training in
order for a lending institution to maintain its status as an approved City BMR lender.
4.5.2. Loan Requirements
The primary first mortgage loan must be a fully amortized 30 -year term fixed principal and
interest loan. Interest only loans, negative amortization loans, adjustable rate loans, and
reverse mortgage loans are not permitted.
In some cases the primary 30 -year fixed principal and interest loan may be combined with
down payment assistance, mortgage assistance or a community program second loan. Under
this scenario the primary and secondary lenders must receive written approval from the City.
4.5.3. Insurance Requirements
Prior to the sale of any unit, the City shall require that each purchaser secure a standard
homeowner's insurance policy, with the City named as an additional insured. The City will
be entitled to any policy proceeds in excess of the affordable unit purchase price if the
proceeds are not used to rebuild the home. The insurance policy shall be in an amount equal
to the replacement value of the home. At least every five (5) years, the replacement
value must be reviewed and adjusted as needed. If the owner hires a contractor to work
on the home, the contractor must be licensed and carry liability and workers compensation
insurance.
4.6. Occupancy Conditions
All owners of BMR units must occupy the premises as his or her principal place of residence
for at least ten (10) months out of each calendar year. Each owner shall provide an annual
written certification to the City that the owner is occupying the premises as his or her
principal place of residence. Any absence from the premises by an owner for a period of
sixty (60) or more consecutive days shall be deemed an abandonment of the premises as the
principal residence of owner, and the City may declare a default under the Resale Agreement.
Page 11 of 18
4.7. Required Pre -Purchase Education
After the applicant(s) are placed on the BMR Ownership Waitlist and before closing escrow
on a BMR unit, the applicant(s) must attend a BMR pre -purchase education workshop from
a qualified HUD approved agency. Certificates of completion must be provided as proof of
participation at, or prior to, close of escrow for all adults who will be on title of the property.
4.8. Documents for Completing Home Purchase
The following documents must be read and signed by the Owner(s) before the sale or
resale of a BMR unit is completed:
• Buyer's Disclosure Statement (Exhibit 5)
• Promissory Note
• Deed of Trust
• Occupancy, Refinancing, and Resale Restriction Agreement with Option to
Purchase (Resale Agreement)
• Request for Notice Under Section 2924b of California Civil Code
The Resale Agreement requires owners of BMR units to live in their home as their principal
place of residence and prohibits renting the home except in cases of hardship. It also limits
the price at which the homes can be sold. If the owner sells the home above the restricted
price, then the owner must pay the City the difference between the restricted price and the
sales price. In addition, the owner must follow certain steps and procedures when deciding to
sell the home.
The City has an option to purchase a BMR home at the restricted price whenever the
owner decides to sell the home or if the owner violates any agreements. The purpose of the
Promissory Note, Deed of Trust, and Resale Agreement is to make sure that BMR homes
remain affordable to other BMR households upon resale.
The Buyer's Disclosure Statement (Exhibit 5) should be reviewed by all applicants who desire
to purchase BMR homes. It summarizes the major provisions of the other documents to ensure
that a BMR owner understands his or her obligations under the program. The City or its
agent will provide the other documents to any interested applicant and to all applicants who
are considered for purchase of a particular BMR unit.
4.9. Term of Affordability
The resale restrictions imposed on each BMR affordable unit pursuant to the program shall
remain in effect for a period of 99 years from the date of original sale of that unit. Furthermore,
the resale restrictions shall renew at each change of title.
4.10. Annual Monitoring
The City or the City's Agent shall monitor compliance of all the requirements of the BMR
program, including, but not limited to, occupancy. The owner shall cooperate with the City
and provide required certifications and any reasonable requests for supporting documentation
to confirm compliance within fifteen (15) days of receipt of a written request by the City.
Page 12 of 18
4.10.1. Failure to Submit Annual Certification
If the City determines that an owner has intentionally made false statements or misrepresented
any facts on the annual certification, or if an owner fails to submit the Certification of Owner
Occupancy, the City will treat this as a breach of the Resale Agreement and the Deed of Trust
and will take all legal remedies available, including forced sale of the unit.
5.0 Rental Units- Requirements for Renting a BMR Unit
5.1. Income Limits
The BMR rental program is designed to assist very low- and low-income households. In
some instances, specific units are restricted to extremely low-income as evidenced in the
project's affordable housing agreement. The BMR rental program uses income limits
published by HCD annually for Santa Clara County, per household size. HCD's income limits
include the very low- and low-income categories and income limits are adjusted per
household size. BMR rental program income limits per household size are published
annually.
• Extremely Low -Income (up to 30% AMD
- Very Low -Income (up to 50% AMI)
- Low Income (up to 80% AMD
Current very low- and low-income ranges are available here: http://www.cupertino.or /g our-
city/departments/community-development/housing/affordable-housing-pro gram/bmr-
rental-program
5.1.1. Minimum Income Requirements
A minimum income, determined by each BMR rental property owner and manager, is
required of applicants. The minimum income requirement may not exceed a requirement of
gross monthly income of over three (3) times the BMR rental rate.
5.1.2. Co -Signers
Non -occupant co-signers are not allowed to assist with the BMR rentals.
5.2. Asset Limit
For households applying to be a tenant of a BMR unit, the maximum asset limit is equal
to the maximum household income adjusted for household size that is allowable in order to
be eligible for the program. The maximum allowable household income limits for the
BMR rental program are published annually. Assets are calculated based on account balances
at the time of application.
5.2.1. Documentation to Support Assets
The following chart contains the types of assets to be verified and the type of documentation
that will be requested.
Page 13 of 18
Assets
Documentation
Checking Account, Savings Account,
Mutual Fund/Money Market Fund,
Certificates of Deposit (C.D.)
Copies of two most recent statements
Stocks, including Options
Copy of stock certificate or proof of purchase and
statement of current value; for stock prices attach a
copy of recent dated newspaper or online source
that shows the value of each company's stocks
Bonds, including savings bonds
Copies of most recent document
Trust
Copies of most recent document
Gift
Signed Gift Letter by all parties
Personal Loan
Letter or Loan agreement
Down Payment Assistance Loan
Copy of Agreement
Individual Development Match Account
Copy of two most recent statements
Other
Verification from source
5.3. Qualification as Renter
Applicant(s) cannot own a home and/or be on title of a property when applying for the BMR
rental program.
5.4. Rental Rate Determination
The City or its agent will determine the rental rates for BMR units by income level and
household size. The rents will be determined based on annual HCD published income
limits and section 50053 of the California Health and Safety Code.
Annual Rent (inclusive of fees and utilities) for extremely low-income units cannot
exceed 30% of 30% of the area median income adjusted for the size of the household
appropriate for the unit. Annual Rent (inclusive of fees and utilities) for very low-income
units cannot exceed 30% of 50% of the area median income adjusted for the size of the
household appropriate for the unit. Annual Rent (inclusive of fees and utilities) for low-
income units cannot exceed 30% of 60% of the area median income adjusted for household
size appropriate for the unit.
Rent includes all charges related to occupancy of the unit including utilities, parking fees,
fees for use of common facilities, and other fees and charges. If utilities are not paid by the
property owner, the rent for the BMR units must be adjusted downward to allow for a
utility allowance calculated in accordance with the utility allowances published by the Santa
Clara Housing Authority annually.
5.5. Previewing of Unit
The City or its agent will coordinate with the apartment owner/property manager to preview
the BMR unit.
Living in a BMR Rental Unit
Page 14 of 18
5.6. Occupancy Conditions
The approved BMR tenant(s) must occupy the BMR unit during the entire term of the lease.
If an additional occupant (roommate, family member, etc.) moves into the BMR unit, he/she
will be considered part of the existing household. In such cases, the BMR tenant must notify
the City or its agent prior to the move in date, and the entire household (including the new
occupant) will be reevaluated to determine eligibility, including household income
requirements. If the tenant(s) fail to receive approval from the City for any changes in
occupancy or if the tenant(s) subleases the property, the tenant household will no longer be
eligible to occupy the BMR unit. To qualify as a household member, the Head of Household
and Co -Head of Household must occupy the unit as their primary residence for at least 10
months of the year. Any absence from the premises by a Head of Household or Co -Head of
Household for a period of sixty (60) or more consecutive days shall be deemed an
abandonment of the premises as the principal residence of tenant, and the City may declare
a default under the rental restrictions.
5.7. Annual Rent Adjustments
Maximum BMR rents will be adjusted annually based on the most recently published HCD
income limits for Santa Clara County per household size and also in accordance with the
California Health and Safety Code Section 50053. The most recent BMR rent levels will be
included in the BMR program materials. The City or its agent will notify the property owner
of the new rental rates. If the owner chooses to raise rents, the tenant will be given a 60 day
notice before any rent increase.
5.8. Annual Re -Certification of Income
At least once a year, the City or its agent shall requalify BMR tenants to verify that they are
eligible to remain in BMR rental units. The City or its agent will provide the "BMR Renter
Occupancy Certification Form" (Exhibit 5) to apartment owners/property managers. If the
BMR renter fails to submit a signed Occupancy Certification Form within thirty (30) days of
the written request, then the lease shall automatically terminate, and the renter must vacate the
unit within thirty (30) days of written notice from the apartment owner/property manager. If the
renter fails to vacate the unit, the apartment owner/property manager will institute evictions
proceedings.
On an annual basis, re -certification shall be based upon the BMR tenant's household income as
determined by, copies of payroll stubs or other verification of employment for the last two
consecutive months, prior year tax returns, bank statements for the last two consecutive months,
and household size. If a very low-income BMR tenant's household income increases and
exceeds the BMR income limits for very low-income household but does not exceed the BMR
income limits for a BMR low-income household, then the tenant's rent will be increased to
BMR low-income rents, and the tenant may remain in the unit until a suitable BMR low-income
unit becomes available. If a tenant's household income increases and exceeds the BMR income
limits for a low-income household, the tenant will be given three (3) months to locate alternate
housing and vacate the BMR rental unit. A three (3) month extension may be granted in cases
of extreme hardship.
Page 15 of 18
In the event that a tenant no longer meets the household minimum size requirements (see
Section 3.1) for their unit, such tenant's household may be moved to a smaller unit when an
appropriately sized unit becomes available in the same property, in accordance with the terms
of the tenant's lease.
5.9. Terms of Tenancy
BMR tenants will be subject to the same conditions of tenancy as other tenants
occupying the same property, except for terms relating to occupancy, income eligibility,
annual recertification, and limits on rents. The initial BMR lease term is for one year.
6.0 Requirements of Apartment Owners and Property
Managers
6.1. Availability of New Units for Lease
An affordable BMR unit may not be leased until the City has approved the unit for occupancy.
6.2. Eligible Prospective Tenants
All BMR units must be rented to BMR tenants approved by the City or its agent. The
services of this agency shall be funded out of the City's BMR Affordable Housing Fund
(AHF) and shall be monitored by the City.
An apartment owner/property manager shall notify the City or its agent of any available
BMR units and the City or its agent shall have fourteen (14) days to provide owner
with an income eligible candidate(s). In reviewing each candidate, the apartment
owner/property manager may apply the same tenant selection criteria, such as past
performance in meeting financial obligations and credit references, as those applied to
applicants for non -BMR units on the property, except for those standards relating to income
eligibility (Section 5.1) and minimum income (Section 5.1.1) requirements.
6.3. Prospective Tenant's Previewing of Unit
The City or its agent will coordinate with the apartment owner/property manager so that a
prospective tenant may view the unit.
6.4. Executed Lease Agreement
The apartment owner/property manager will provide City or its agent with a copy of the
executed lease agreement.
6.5. Annual Rent Adjustments
Maximum BMR rents will be adjusted annually based on the most recently published HCD
income limits for Santa Clara County per household size and also in accordance with the
California Health and Safety Code Section 50053. The City or its agent will notify the
Page 16 of 18
property owner of the new rental rates. If the owner chooses to raise rents, the tenant must be
given 60 days' notice before any rent increase.
6.6. Owner/Manager Certification
Prior to the rental of the first BMR unit on a property, the apartment owner/property manager
will sign a Certificate of Receipt of Administrative Procedures Manual (Exhibit 7) with a
statement of intent to manage the BMR units according to these procedures. Subsequent
apartment owners/property managers may be asked to sign a Certificate of Receipt of
Administrative Procedures Manual.
6.7. Terms of Affordability Covenants
The deed restrictions imposed on each BMR unit pursuant to the program shall remain in
effect for a specified period from the date of recordation of the Regulatory Agreement. Future
owners of the property will abide by all of the administrative procedures and by the
conditions in the recorded Regulatory Agreement for the entire period from date of
recordation. To the extent the terms of this Manual and the Regulatory Agreement are
inconsistent, the most restrictive term will apply.
6.8. Terms of Lease
BMR tenants will be subject to the same conditions of tenancy as other tenants occupying the
subject property, except for terms relating to occupancy, income eligibility, annual
recertification, and limits on rents. Each BMR unit shall be leased under a form of tenant
lease approved by the City. The tenant lease shall, among other matters:
• Provide for termination of the lease for failure: (1) to provide any information
required under the Regulatory Agreement or reasonably requested by the apartment
owner/property manager to establish or recertify the tenant's qualification, or the qualification
of the tenant's household, for occupancy of the BMR unit, or (2) to income qualify as a result
of any material misrepresentation made by such tenant with respect to the income
computation or certification;
• Be for an initial term of not less than one (1) year. After the initial year of
tenancy, the lease may be month to month by mutual agreement of the apartment
owner/property manager and the tenant, however the rent may not be raised more often than
once every twelve (12) months after such initial year. The apartment owner/property manager
will provide each tenant with at least sixty (60) days' written notice of any increase in rent
applicable to such tenant;
• Prohibit subleasing of the BMR unit or any portion of the BMR unit, contain
nondiscrimination provisions, and include the tenant's obligation to inform the property
manager of any need for maintenance or repair;
• Allow termination of the tenancy only for an increase in tenant's household
income above qualifying income or for good cause, including violation of the terms and
conditions of the tenant lease, violations of house rules, non-payment of rent, violations of
applicable federal, state, or local law, or other good cause;
Page 17 of 18
• Include, at the apartment owner's option, the obligation for the tenant to
provide a security deposit not exceeding two (2) months' rent; and
• Otherwise conform to this Manual.
6.9. Occupancy Requirements
The apartment owner/property manager shall notify the City or its agent if it suspects
that there have been any changes to the occupancy of the BMR unit. If the tenant fails to
receive approval from the City for any changes in occupancy, or subleases the property,
or fails to provide the annual occupancy recertification, the tenant shall be in violation of
its lease and will no longer qualify as a BMR tenant.
7.0 Appeal Process
Any person may appeal a decision made under this Manual. The appellant must file a written
appeal with either the Community Development Director (if the program is being
administered by the City) or the Executive Director of any agency administering the BMR
program within ten (10) days of the date of the decision. The Community Development
Director or the Executive Director, as applicable, will hear the appeal and provide a written
decision on the appeal within ten (10) days from receipt of the appeal.
The appellant may further appeal the decision of the Community Development Director or
the Executive Director, as applicable, by filing a written appeal with the Community
Development Director within ten (10) days of the date of the decision. The appeal will be
heard by a Third -Party Hearing Officer within thirty (30) days from the date of receipt of the
written appeal. The Third -Party Hearing Officer's decision on the appeal is final.
The sale or rent of any BMR unit at issue in the appeal shall be postponed until a final decision
is reached on the appeal, or until the applicable period for filing an appeal has lapsed.
8.0 Authority
The City Manager or designee is authorized to sign all documents on behalf of the City that
implement the BMR Program and the policies in this Manual, including without limitation
Promissory Notes, Deeds of Trust, Resale Restrictions, Rental Restrictions, and requests for
notice.
Page 18 of 18
Exhibit 1
City of Cupertino & Hello Housing
Below Market Rate (BMR) Program
Waitlist Application
Instructions
The City of Cupertino and their Agent, Hello Housing, are pleased to offer you the opportunity to apply to rent a
Below Market Rate (BMR) apartment or purchase a Below Market Rate (BMR) home in Cupertino.
WAITLIST APPLICATION PROCESS:
• Please read the instructions completely, determine your eligibility and complete the enclosed BMR
Waitlist Application. Incomplete and late Waitlist Applications will not be processed.
• Applicants who were on the waitlist in previous years must re -apply to be eligible for the 2018 waitlist.
• Current City of Cupertino BMR tenants are not eligible for the 2018 BMR Rental Waitlist.
• Current City of Cupertino BMR tenants are eligible for the 2018 BMR Ownership Waitlist.
• Completed Waitlist Applications must be received by Tuesday, October 31, 2017 by S:OOpm.
Applications may be mailed, faxed, emailed or completed online. Applications must be received by the
deadline, postmarks will not be accepted.
• Hello Housing will review your Waitlist Application and determine your priority ranking (4, 3, 2, 1, or 0)
based on current Cupertino residency and current employment in the City of Cupertino. Please see page
2 for definitions of these terms.
• A lottery will be held to determine the ranking order within each priority ranking (4, 3, 2, 1, or 0).
• All candidates will be emailed or mailed results by the end of the year; if they have been denied or
approved, and if approved, the applicant number on the waitlist. The first candidate on the waitlist will
be notified to view the next available unit for which they are qualified (rental or purchase) and begin the
application process.
WAITLIST APPLICATION:
Please note that all information provided on the Waitlist Application will be verified when you are shown an
available unit. Any information found to be false or inaccurate will immediately void your participation in the
program. Candidates must keep Hello Housing updated throughout the year of any changes in information
supplied.
Household Size: The total number of individuals who will be living in the unit (including children). Children
must reside in the household at least 50% of the time to be considered part of the household.
Income Limits to Qualify for BMR Program: See charts below. The amounts listed are gross (before taxes are
taken out).
BMR Purchase Program- 2017
Housing & Community Development (HCD) Maximum Income Limits*
Household Size
1
2
3
4
5
6
Median Income
$79,300
$90,650
$101,950
$113,300
$122,350
$131,450
Moderate Income
$95,150
$108,750
$122,350
$135,950
$146,850
$157,700
*Income Limits will be Updated Each Year by HCD
Assets for Purchase Program: Households with assets over $100,000 will not be eligible. Excluded from net
assets are all non -accessible funds or any assets that generate a penalty when withdrawn, i.e., 401K, CALPERS,
STRS, and other pension plans.
First-time Homebuyer: All of the applicants who will be on the property title must be a first-time homebuyer.
Applicant(s) shall be considered a first-time homebuyer if they have not owned any residential real estate for at
least three years. This definition applies to property owned in foreign countries as well as in the United States.
An exception will be made for people who were homeowners prior to a divorce or legal separation.
Available Cash for Down Payment, Closing Costs to Purchase: Households are required to have readily available
assets for a minimum of 5% down of the purchase price. Pricing will vary based on income limits and bedroom
counts but a minimum of $12,500 would be needed to qualify.
BMR Rental Program- 2017
Housing & Community Development (HCD) Maximum Income Limits*
Household Size
1
2
3
4
5
6
Very -Low Income
$41,800
$47,800
$53,750
$59,700
$64,500
$69,300
Low Income
$59,400
$67,900
$76,400
$84,900
$91,650
$98,450
*Income Limits will be Updated Each Year by HCD
Assets for Rental Program: Household assets, including and not limited to, checking and savings accounts, CD's,
money market accounts and cash funds, may not exceed the maximum gross income allowed for the appropriate
household size.
Income Minimum: Individual properties may have minimum income limits to qualify which will be disclosed
prior to viewing the home.
Priority Points are based upon the following criteria:
• One Point: At least one member of the household, on the property title or lease, must currently maintain
a primary residence at an address located within Cupertino.
• Two Points: At least one member of the household, on the property title or lease, must:
o Work for wages or salary within the boundaries of Cupertino; or
o Own or operate a business in the Cupertino; or
o Perform contract or commission work where the actual work is conducted at a Cupertino location.
• One Additional Point: At least one member of the household, on the property title or lease, must work
for wages or salary for a public agency within the boundaries of Cupertino.
(e.g.: Cupertino Unified School District (Cupertino schools only), City of Cupertino)
PLEASE SUBMIT ONE WAITLIST APPLICATION PER HOUSEHOLD.
DUPLICATE APPLICATIONS WILL RESULT IN AN AUTOMATIC DISQUALIFICATION.
QUESTIONS? Contact Hello Housing at brook@hellohousing.org or (415) 742-8610
Deadline to Submit Waitlist Applications: Tuesday, October 31, 2016 at 5:00pm.
1. Email: brook@hellohousing.org
2. Fax: (415) 813-6113
3. Mail to the Hello Housing office: 1242 Market St. 3rd Floor, San Francisco, CA
94102. Applications must be received by deadline. Postmarks not accepted.
4. Online: http://www.hellohousing.org/stewardship/cupertino/
This Program is not designed to aid emergency or immediate housing needs.
2
2018 WAITLIST APPLICATION
City of Cupertino - Hello Housing
Below Market Rate (BMR) Program
C O P E RT I N I Please read the Waitlist Instructions before completing.
Check only one box: ❑ Rent ❑ Purchase ❑ Both (Rent & Purchase
APPLICANT
Please Print Clearly
First Name
Email
Last Name
Employer
Current Address
Are you a current Cupertino BMR Rental
tenant? YES NO
City
State
Were you on the 2017 BMR Waitlist?
YE
Zip
Phone
Total # of Household Members:
Total Annual Household Gross $
Estimated Value of Net Assets: $
Income: (Before taxes are taken out)
(Checking, savings, stocks, bonds, and/or
CD accounts)
Have any members of the household been listed on a primary
Circle One:
residential property title, at any time, in the past three (3) years?
Exception made for divorced or legally separated homeowners. Please
YES or NO
indicate if an exception is needed.
PRIORITY POINTS- circle all that apply
Circle One:
1. 1 Point- Are any members of the household currently living in
Cupertino? If yes, please specify address:
YES or NO
2. 2 Points- Are any members of the household currently employed in
the City of Cupertino?
YES or NO
If yes, please specify employer, address, & position:
3.1 Point- Are any members of the household currently employed at
a public agengy in the City of Cupertino?
YES or NO
If yes, please specify employer, address, & position:
By signing below, I certify that all the information on this form is true and complete to the best of
my knowledge. When asked, I agree to give proof of this information and knowingly understand
that supplying false, incomplete or inaccurate information is punishable under Federal or State
criminal law.
X
Signature Signature Required. Date
Deadline. October 31, 2017 5:00pm October 2017
Exhibit 2 is
Below Market Price (BMR) - Ownership Application CUPERTINO
This certification includes required information as well as optional information. Unless a section is labeled "Optional" it is a required section and must
be completed. We encourage households to complete all sections. Answers to optional questions are confidential and will NOT impact your eligibility.
In aggregate, the collective answers from the pool of households will help Hello Housing better understand who benefits from affordable housing
programs and to advocate to policy makers for effective programs.
Current Address Date
City
State
Zip Code
Head of Household & Co -Head of Household
Below, please provide details for the Head of Household and Co -Head of Household.
Head of Household Co -Head of Household (If Applicable)
Please note that Head(s) of Household must be an adult (18 years or older).
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Primary Language
Additional Household Members
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Primary Language
Below, please provide information on any other members of your household, such as children, grandparents, or other adults in the household who are
full or part time residents (if applicable). This information helps calculate your household size.
Household Member Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Ownership Application - Page 1
BMR Priority Point Questionaire CUP_EER NO
Please provide accurate information. The purpose of this page is to determine if your household qualifies for Priority Points. Carefully
read each description of priority living and employment circumstances; then check all that apply. You must provide the listed
documentation as proof before receiving a unit to rent.
Other Priorities
I am a CURRENT CITYof CUPERTINO RESIDENT - 1 POINT
• Households applying under the priority description RESIDENT shall provide proof of residency in Cupertino.
F]
I am currently working in the CITY of CUPERTINO - 2 POINTS
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
F]
I am working in the CITY of CUPERTINO AT PUBLIC AGENCY - 1 POINT
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
Other Priorities
Ownership Application - Page 2
I have been displaced from rental housing in Cupertino by public or private redevelopment - HIGHEST
PRIORITY
• A letter verifying your displacement.
I have a disability and request an accessible unit when ones becomes available
Ownership Application - Page 2
Economic Profile
CUPERTINO
Please provide accurate information. Income eligibility will be determined based on the gross combined household income and will be verified based on
the supporting documentation requested at the end of this certification.
Head of Household Co -Head of Household
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
li�- MINES1�
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
Household Member
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
$
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rentor income)
Other
$ TOTAL
$
$
$
$
$
i%tai -1 VIWX�11 -7 i
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
Household Member
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
$ Other
$ TOTAL
$
$
$
$
$
$
$
$
Ownership Application - Page 3
Household Assets
CUPERTINO
Please list the current value of all assets of all members of the household aged 18 and older. If zero, please write "0"in the blank. Please include
an account description and last 4 digits of the account number (for example, Bank of America #4567).
Combined Household Assets
Value of Assets Description & Last 4 Digits of Account Number (if applicable)
Checking Accounts $
Savings Accounts
Retirement Accounts $
Investments
$
Real Estate
$
CDs (Certificates of Deposit)
$
Gift Money
$
Other
$
(continued)
(continued)
(continued)
Ownership Application - Page 4
Demographics (Optional) cUPERTINO
Demographic information is a not a criteria in the certification process, but provides a clearer picture on who may benefit from affordable housing opportunities and can help
advocates of affordable housing make the case to policymakers.
Head of Household Co -Head of Household
Race ❑ American Indian or Alaska Native Race ❑ American Indian or Alaska Native
Ownership Application - Page 5
❑
Asian
❑
Asian
❑
Black or African American
❑
Black or African American
❑
Native Hawaiian or Pacific Islander
❑
Native Hawaiian or Pacific Islander
❑
White
❑
White
❑
American Indian AND White
❑
American Indian AND White
❑
Asian AND White
❑
Asian AND White
❑
Black or African American AND White
❑
Black or African American AND White
❑
American Indian AND Black
❑
American Indian AND Black
❑
Other multiple races
❑
Other multiple races
Ethnicity
❑
Hispanic ❑ Non -Hispanic
Ethnicity
❑
Hispanic ❑ Non -Hispanic
Female Headed Household
El
Yes F-1 No
Female Headed Household
Yes F-1 No
Marital Status
F-1
Single
Marital Status
F-1
Single
ElMarried/Domestic
Partnership
El
Married/Domestic Partnership
ElSeparated
El
Separated
ElDivorced
El
Divorced
Widowed
F-1
Widowed
Education
❑
Less than high-school diploma
Education
❑
Less than high-school diploma
❑
High-school diploma or equivalent
❑
High-school diploma or equivalent
❑
Some post -secondary education
❑
Some post -secondary education
❑
Certification from training program
❑
Certification from training program
❑
Associate's degree
❑
Associate's degree
❑
Bachelor's degree
❑
Bachelor's degree
❑
Master's or other graduate degree
❑
Master's or other graduate degree
Employment Status
❑
Self -Employed
Employment Status
❑
Self -Employed
❑
Work Full -Time for Employer
❑
Work Full -Time for Employer
❑
Work Part -Time for Employer
❑
Work Part -Time for Employer
❑
Homemaker
❑
Homemaker
❑
Full -Time Student
❑
Full -Time Student
❑
Permanently unable to work
❑
Permanently unable to work
❑
Unemployed and seeking work
❑
Unemployed and seeking work
❑
Unemployed and not seeking work
❑
Unemployed and not seeking work
❑
Retired
❑
Retired
Veteran
❑
Yes ❑ No
Veteran
❑
Yes ❑ No
Ownership Application - Page 5
Supporting Documentation CUPERTINO
Please provide supporting documentation for EVERY ADULT MEMBER OF THE HOUSEHOLD AGED 18 AND OVER. All documents must be legible
to be considered. To help keep you organized, we recommend you print a copy of his checklist for each adult household member to use as a Table
of Contents.
A. Proof of Identify: E-1 One form of legal identification for every adult Required Check below for which form of ID provided.
CA Drivers License CA Identification Card US Passport
B. Social Security Card E-1 Social Security Card Required Please contact Social Security at (800) 772-1213 if you cannot locate.
C. Documentation of Employment Income Required Please contact your Human Resources department if you cannot locate.
If employed, provide your most recent consecutive paystubs for the past two (2) months.
El1 . Dates covered by paycheck: to
El2. Dates covered by paycheck: to
El3. Dates covered by paycheck: to
4. Dates covered by paycheck: to
OR
If self-employed:
A year-to-date Profit & Loss statement Not Applicable
D. Two (2) months of documentation for any other income Required if applicable
Child Support El Pension El Foster Care
El Social Security El Alimony 1:1 Gift letter (if applicable)
SSI El Long Term Disability El Other (please describe)
OR
ElZero Income Affidavit
E. Three (3) most recent Federal Tax Returns Q.@ Verification of Non -Filing Required
Please contact the IRS at (800) 829-1040 if you cannot locate your returns.
If you did NOT file taxes, contact the IRS at (800) 829-1040 and request a "Verification of Non -Filing."
Three (3) Most Recent 1040 Federal Tax Returns (include ALL pages) or E] Verification of Non -Filing
(if applicable)
F. Three (3) most recent W -2's Required if issued W -2s
Please contacf your Human Resources department if you cannot locate. You may also call the IRS at (800) 829-1040.
Most recent W -2s or 1099s Should cover all reported income in same years tax return
Not Applicable
G. Last two (2) consecutive statements from ALL Financial Accounts* Required
Computer printouts are acceptable ONLY if they contain a complete account number, begin & end balances, and begin & end dates.
Please include statements for ALL OPEN accounts, even if they contain a $0 balance. Check Not Applicable if you do not have such accounts.
I. PreQualification
Most recent two (2) consecutive Bank Statements
Most recent two (2) consecutive statements for Retirement Accounts (401 k, IRA, etc.)
ElMost
recent two (2) consecutive statements for Stocks, Mutual Funds, Profit Sharing accounts
ElMost
recent two (2) statements for CDs, Money Market accounts, etc.
Not Applicable
H. Proof of Student Status Required if applicable
Copy of Current Registration an Unofficial Transcript
Not Applicable
I. PreQualification
Signature Page
Please have each adult, aged 7 8 and over, in the household print their name, sign, and date this page.
CUPERTINO
I certify that the foregoing application accurately reflects all income received from all sources for all
members of the household.
I certify under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct to the best of my knowledge. I further understand that providing false
representations herein constitutes an act of fraud and that false, misleading, or incomplete
information may result in the termination of real estate documents related to this application (28 U.S.
Code 1746).
Name Name
Signature Signature
Date Date
Name Name
Signature
Date
Name
Signature
Date
Signature
Date
Name
Signature
Date
121 Hello Housing and the City of Cupertino do not discriminate against any persons on the grounds of race, color, religion, national
origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation marital status familial status source of income,
EQUAL HOUSING genetic information, medical condition, physical disability or mental disability, or any other category protected by law.
OPPORTUNITY
Ownership Application - Page 7
Exhibit 3 is
Below Market Price (BMR) - Rental Application CUPERTIN0
This certification includes required information as well as optional information. Unless a section is labeled "Optional" it is a required section and must
be completed. We encourage households to complete all sections. Answers to optional questions are confidential and will NOT impact your eligibility.
In aggregate, the collective answers from the pool of households will help Hello Housing better understand who benefits from affordable housing
programs and to advocate to policy makers for effective programs.
Current Address Date
City
State
Zip Code
Head of Household & Co -Head of Household
Below, please provide details for the Head of Household and Co -Head of Household.
Head of Household Co -Head of Household (If Applicable)
Please note that Head(s) of Household must be an adult (18 years or older).
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Primary Language
Additional Household Members
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Primary Language
Below, please provide information on any other members of your household, such as children, grandparents, or other adults in the household who are
full or part time residents (if applicable). This information helps calculate your household size.
Household Member Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Household Member
First Name
Last Name
Phone
Alternate Phone
Email
Date of Birth
Relationship to household
Primary Language
Rental Application - Page 1
BMR Priority Point Questionaire CUP_EER N'0
Please provide accurate information. The purpose of this page is to determine if your household qualifies for Priority Points. Carefully
read each description of priority living and employment circumstances; then check all that apply. You must provide the listed
documentation as proof before receiving a unit to rent.
Other Priorities
I am a CURRENT CITYof CUPERTINO RESIDENT - 1 POINT
• Households applying under the priority description RESIDENT shall provide proof of residency in Cupertino.
F]
I am currently working in the CITY of CUPERTINO - 2 POINTS
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
F]
I am working in the CITY of CUPERTINO AT PUBLIC AGENCY - 1 POINT
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
Other Priorities
Rental Application - Page 2
I have been displaced from rental housing in Cupertino by public or private redevelopment - HIGHEST
PRIORITY
• A letter verifying your displacement.
I have a disability and request an accessible unit when ones becomes available
Rental Application - Page 2
Economic Profile
CUPERTINO
Please provide accurate information. Income eligibility will be determined based on the gross combined household income and will be verified based on
the supporting documentation requested at the end of this certification.
Head of Household Co -Head of Household
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
li�- MINES1�
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
Household Member
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
$
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rentor income)
Other
$ TOTAL
$
$
$
$
$
i%tai -1 VIWX�11 -7 i
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
Other
TOTAL
Household Member
Annual Income (before taxes)
From Full -Time Employment
From Part -Time Employment
From Self -Employment
From Spousal Support
From Child Support
Investment Income
Social Security Income
SSDI
Income from Assets (e.g. rental income)
$ Other
$ TOTAL
$
$
$
$
$
$
$
$
Rental Application - Page 3
Household Assets CUPERTINO
Please list the current value of all assets of all members of the household aged 18 and older. If zero, please write "0 in the blank. Please include
an account description and last 4 digits of the account number (for example, Bank of America #4567).
Combined Household Assets
Value of Assets Description & Last 4 Digits of Account Number (if applicable)
Checking Accounts $
(continued)
Savings Accounts $
(continued)
Retirement Accounts $
(continued)
Investments $
Real Estate $
CDs (Certificates of Deposit) $
Gift Money $
Other $
Rental Application - Page 4
Demographics (Optional) cUPERTINO
Demographic information is a not a criteria in the certification process, but provides a clearer picture on who may benefit from affordable housing opportunities and can help
advocates of affordable housing make the case to policymakers.
Head of Household Co -Head of Household
Race ❑ American Indian or Alaska Native Race ❑ American Indian or Alaska Native
Rental Application - Page 5
❑
Asian
❑
Asian
❑
Black or African American
❑
Black or African American
❑
Native Hawaiian or Pacific Islander
❑
Native Hawaiian or Pacific Islander
❑
White
❑
White
❑
American Indian AND White
❑
American Indian AND White
❑
Asian AND White
❑
Asian AND White
❑
Black or African American AND White
❑
Black or African American AND White
❑
American Indian AND Black
❑
American Indian AND Black
❑
Other multiple races
❑
Other multiple races
Ethnicity
❑
Hispanic ❑ Non -Hispanic
Ethnicity
❑
Hispanic ❑ Non -Hispanic
Female Headed Household
El
Yes F-1 No
Female Headed Household
Yes F-1 No
Marital Status
F-1
Single
Marital Status
F-1
Single
ElMarried/Domestic
Partnership
El
Married/Domestic Partnership
ElSeparated
El
Separated
ElDivorced
El
Divorced
Widowed
F-1
Widowed
Education
❑
Less than high-school diploma
Education
❑
Less than high-school diploma
❑
High-school diploma or equivalent
❑
High-school diploma or equivalent
❑
Some post -secondary education
❑
Some post -secondary education
❑
Certification from training program
❑
Certification from training program
❑
Associate's degree
❑
Associate's degree
❑
Bachelor's degree
❑
Bachelor's degree
❑
Master's or other graduate degree
❑
Master's or other graduate degree
Employment Status
❑
Self -Employed
Employment Status
❑
Self -Employed
❑
Work Full -Time for Employer
❑
Work Full -Time for Employer
❑
Work Part -Time for Employer
❑
Work Part -Time for Employer
❑
Homemaker
❑
Homemaker
❑
Full -Time Student
❑
Full -Time Student
❑
Permanently unable to work
❑
Permanently unable to work
❑
Unemployed and seeking work
❑
Unemployed and seeking work
❑
Unemployed and not seeking work
❑
Unemployed and not seeking work
❑
Retired
❑
Retired
Veteran
❑
Yes ❑ No
Veteran
❑
Yes ❑ No
Rental Application - Page 5
Supporting Documentation CUPERTINO
Please provide supporting documentation for EVERY ADULT MEMBER OF THE HOUSEHOLD AGED 18 AND OVER. All documents must be legible
to be considered. To help keep you organized, we recommend you print a copy of his checklist for each adult household member to use as a Table
of Contents.
A. Proof of Identify: F1 One form of legal identification for every adult Required Check below for which form of ID provided.
CA Drivers License CA Identification Card US Passport
B. Social Security Card F1 Social Security Card Required Please contact Social Security at (800) 772-1213 if you cannot locate.
C. Documentation of Employment Income Required Please contact your Human Resources department if you cannot locate.
If employed, provide your most recent consecutive paystubs for the past two (2) months.
F71. Dates covered by paycheck: to
El2. Dates covered by paycheck: to _
El3. Dates covered by paycheck: to
4. Dates covered by paycheck: to
OR
If self-employed:
El A year-to-date Profit & Loss statement El Not Applicable
D. Two (2) months of documentation for any other income Required if applicable
F1 Child Support El Pension El Foster Care
F1 Social Security D Alimony E] Gift letter (if applicable)
SSI Long Term Disability El Other (please describe)
OR
Zero Income Affidavit
E. Most recent of Federal Tax Returns Q$ Verification of Non -Filing Required
Please contact the IRS at (800) 829-1040 if you cannot locate your returns.
If you did NOT file faxes, contact the IRS of (800) 829-1040 and request a "Verification of Non -Filing."
F1Most Recent 1040 Federal Tax Return (include ALL pages) or E-1 Verification of Non -Filing
(if applicable)
F. Most recent W -2's Required if issued W -2s
Please contact your Human Resources department if you cannot locate. You may also call the IRS at (800) 829-1040.
Most recent W -2s or 1099s Should cover all reported income in same year's tax return
Not Applicable
G. Last two (2) consecutive statements from ALL Financial Accounts* Required
Computer printouts are acceptable ONLY if they contain a complete account number, begin & end balances, and begin & end dates.
Please include statements for ALL OPEN accounts, even if they contain a $0 balance. Check Not Applicable if you do not have such accounts
E7Most
recent two (2) consecutive Bank Statements
F1Most
recent two (2) consecutive statements for Retirement Accounts (401 k, IRA, etc.)
E7Most
recent two (2) consecutive statements for Stocks, Mutual Funds, Profit Sharing accounts
F1Most
recent two (2) statements for CDs, Money Market accounts, etc.
E7
Not Applicable
H. Proof of Student Status Required if applicable
E7Copy
of Current Registration an Unofficial Transcript
Not Applicable
Rental Application - Page 6
Signature Page
Please have each adult, aged 7 8 and over, in the household print their name, sign, and date this page.
CUPERTINO
I certify that the foregoing application accurately reflects all income received from all sources for all
members of the household.
I certify under penalty of perjury under the laws of the United States of America that the foregoing
is true and correct to the best of my knowledge. I further understand that providing false
representations herein constitutes an act of fraud and that false, misleading, or incomplete
information may result in the termination of real estate documents related to this application (28 U.S.
Code 1746).
Name Name
Signature Signature
Date Date
Name Name
Signature
Date
Name
Signature
Date
Signature
Date
Name
Signature
Date
121 Hello Housing and the City of Cupertino do not discriminate against any persons on the grounds of race, color, religion, national
origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation marital status familial status source of income,
EQUAL HOUSING genetic information, medical condition, physical disability or mental disability, or any other category protected by law.
OPPORTUNITY
Rental Application - Page 7
Exhibit 4
24 CFR 5.609
§ 5.609 Annual income.
(a)Annual income means all amounts, monetary or not, which:
(1)Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any
other family member; or
(2)Are anticipated to be received from a source outside the family during the 12 -month
period following admission or annual reexamination effective date; and
(3)Which are not specifically excluded in paragraph (c) of this section.
(4)Annual income also means amounts derived (during the 12 -month period) from assets
to which any member of the family has access.
(b)Annual income includes, but is not limited to:
(1)The full amount, before any payroll deductions, of wages and salaries, overtime pay,
commissions, fees, tips and bonuses, and other compensation for personal services;
(2)The net income from the operation of a business or profession. Expenditures for
business expansion or amortization of capital indebtedness shall not be used as deductions
in determining net income. An allowance for depreciation of assets used in a business or
profession may be deducted, based on straight line depreciation, as provided in Internal
Revenue Service regulations. Any withdrawal of cash or assets from the operation of a
business or profession will be included in income, except to the extent the withdrawal is
reimbursement of cash or assets invested in the operation by the family;
(3)lnterest, dividends, and other net income of any kind from real or personal property.
Expenditures for amortization of capital indebtedness shall not be used as deductions in
determining net income. An allowance for depreciation is permitted only as authorized in
paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will
be included in income, except to the extent the withdrawal is reimbursement of cash or
assets invested by the family. Where the family has net family assets in excess of $ 5,000,
annual income shall include the greater of the actual income derived from all net family
assets or a percentage of the value of such assets based on the current passbook savings
rate, as determined by HUD;
(4)The full amount of periodic amounts received from Social Security, annuities, insurance
policies, retirement funds, pensions, disability or death benefits, and other similar types of
periodic receipts, including a lump -sum amount or prospective monthly amounts for the
delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section);
(5)Payments in lieu of earnings, such as unemployment and disability compensation,
worker's compensation and severance pay (except as provided in paragraph (c)(3) of this
section);
Page 1 of 5
(6)Welfare assistance payments. (i) Welfare assistance payments made under the
Temporary Assistance for Needy Families (TANF) program are included in annual income
only to the extent such payments:
(A)Qualify as assistance under the TANF program definition at 45 CFR 260.31; and
(B)Are not otherwise excluded under paragraph (c) of this section.
(ii)If the welfare assistance payment includes an amount specifically designated for
shelter and utilities that is subject to adjustment by the welfare assistance agency in
accordance with the actual cost of shelter and utilities, the amount of welfare
assistance income to be included as income shall consist of-
(A)The amount of the allowance or grant exclusive of the amount specifically
designated for shelter or utilities; plus
(B)The maximum amount that the welfare assistance agency could in fact allow
the family for shelter and utilities. If the family's welfare assistance is ratably
reduced from the standard of need by applying a percentage, the amount
calculated under this paragraph shall be the amount resulting from one
application of the percentage.
(7)Periodic and determinable allowances, such as alimony and child support payments, and
regular contributions or gifts received from organizations or from persons not residing in
the dwelling;
(8)All regular pay, special pay and allowances of a member of the Armed Forces (except
as provided in paragraph (c)(7) of this section).
(9)For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance,
in excess of amounts received for tuition and any other required fees and charges, that an
individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq. ), from
private sources, or from an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual,
except that financial assistance described in this paragraph is not considered annual income
for persons over the age of 23 with dependent children. For purposes of this paragraph,
"financial assistance" does not include loan proceeds for the purpose of determining
income.
(c)Annual income does not include the following:
(1)Income from employment of children (including foster children) under the age of 18
years;
(2)Payments received for the care of foster children or foster adults (usually persons with
disabilities, unrelated to the tenant family, who are unable to live alone);
(3)Lump-sum additions to family assets, such as inheritances, insurance payments
(including payments under health and accident insurance and worker's compensation),
Page 2 of 5
capital gains and settlement for personal or property losses (except as provided in
paragraph (b)(5) of this section);
(4)Amounts received by the family that are specifically for, or in reimbursement of, the
cost of medical expenses for any family member;
(5)Income of a live-in aide, as defined in § 5.403;
(6)Subject to paragraph (b)(9) of this section, the full amount of student financial assistance
paid directly to the student or to the educational institution;
(7)The special pay to a family member serving in the Armed Forces who is exposed to
hostile fire;
(g)
(i)Amounts received under training programs funded by HUD;
(ii)Amounts received by a person with a disability that are disregarded for a limited
time for purposes of Supplemental Security Income eligibility and benefits because
they are set aside for use under a Plan to Attain Self -Sufficiency (PASS);
(iii)Amounts received by a participant in other publicly assisted programs which are
specifically for or in reimbursement of out-of-pocket expenses incurred (special
equipment, clothing, transportation, child care, etc.) and which are made solely to allow
participation in a specific program;
(iv)Amounts received under a resident service stipend. A resident service stipend is a
modest amount (not to exceed $ 200 per month) received by a resident for performing
a service for the PHA or owner, on a part-time basis, that enhances the quality of life
in the development. Such services may include, but are not limited to, fire patrol, hall
monitoring, lawn maintenance, resident initiatives coordination, and serving as a
member of the PHA's governing board. No resident may receive more than one such
stipend during the same period of time;
(v)lncremental earnings and benefits resulting to any family member from participation
in qualifying State or local employment training programs (including training programs
not affiliated with a local government) and training of a family member as resident
management staff. Amounts excluded by this provision must be received under
employment training programs with clearly defined goals and objectives, and are
excluded only for the period during which the family member participates in the
employment training program;
(9)Temporary, nonrecurring or sporadic income (including gifts);
(10)Reparation payments paid by a foreign government pursuant to claims filed under the
laws of that government by persons who were persecuted during the Nazi era;
(11)Earnings in excess of $ 480 for each full-time student 18 years old or older (excluding
the head of household and spouse);
Page 3 of 5
(12)Adoption assistance payments in excess of $ 480 per adopted child;
(13)[Reserved]
(14)Deferred periodic amounts from supplemental security income and Social Security
benefits that are received in a lump sum amount or in prospective monthly amounts, or any
deferred Department of Veterans Affairs disability benefits that are received in a lump sum
amount or in prospective monthly amounts.
(15)Amounts received by the family in the form of refunds or rebates under State or local
law for property taxes paid on the dwelling unit;
(16)Amounts paid by a State agency to a family with a member who has a developmental
disability and is living at home to offset the cost of services and equipment needed to keep
the developmentally disabled family member at home; or
(17)Amounts specifically excluded by any other Federal statute from consideration as
income for purposes of determining eligibility or benefits under a category of assistance
programs that includes assistance under any program to which the exclusions set forth in
24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed
to PHAs and housing owners identifying the benefits that qualify for this exclusion.
Updates will be published and distributed when necessary.
(d)Annualization of income. If it is not feasible to anticipate a level of income over a 12 -
month period ( e.g., seasonal or cyclic income), or the PHA believes that past income is the
best available indicator of expected future income, the PHA may annualize the income
anticipated for a shorter period, subject to a redetermination at the end of the shorter period.
Excerpts from Technical Guide for Determining Income and Allowances for the HOME
Program
Anticipating Income
The HOME regulations at 24 CFR 92.203(d)(1) require that, for the purpose of determining
eligibility for HOME assistance, a PJ must project a household's income in the future. To do so, a
"snapshot" of the household's current circumstances is used to project future income. In general,
a PJ should assume that today's circumstances will continue for the next 12 months, unless there
is verifiable evidence to the contrary. For example, if a head of household is currently working for
$7.00 per hour, 40 hours per week, the PJ should assume that this family member will continue to
do so for the next year. Thus, estimated earnings will be $7.00 per hour multiplied by 2,080 hours,
or $14,560 per year.
This method should be used even when it is not clear that the type of income received currently
will continue in the coming year. For example, assume a family member has been receiving
unemployment benefits of $100 per month for 16 weeks at the time of income certification. It is
unlikely that the family member will continue on unemployment for another 52 weeks. However,
because it is not known whether or when the family member will find employment, the PJ should
Page 4 of 5
use the current circumstances to anticipate annual (gross) income. Income would therefore be
calculated as follows: $100 per week x 52 weeks, or $5,200.
The exception to this rule is when documentation is provided that current circumstances are about
to change. For example, an employer might report that an employee currently makes $7.50 an
hour, but a negotiated union contract will increase this amount to $8.25 an hour eight weeks from
the date of assistance. In such cases, income can be calculated based on the information provided.
In this example, the calculation would be as follows: • $7.50/hour x 40 hours/week x 8 weeks =
$2,400 • $8.25/hour x 40 hours/week x 44 weeks = $14,520 • $2,400 + $14,520 = $16,920.
Sources of Earned Income
In addition to hourly earnings, PJs must account for all earned income. In addition to the base
salary, this will include annual cost of living adjustments (COLAs), bonuses, raises, and overtime
pay. In the case of overtime, it is important to clarify whether overtime is sporadic or a predictable
component of an employee's income. If it is determined that an applicant has earned and will
continue to earn overtime pay on a regular basis, PJs should calculate the average amount of
overtime pay earned by the applicant over the pay period the PJ is using to calculate income
eligibility (3 months or 12 months). This average amount is then to be added to the total amount
of projected earned income over the following 12 -month period. Exhibit 2.1 provides a step-by-
step explanation of the standard methodology for projecting annual income.
Exhibit 2.1— Step -by -Step Methodology for Projecting Annual Income
Steps w
Instruction
Step 1: Collect appropriate
Appropriate documentation includes pay stubs, third -party
income documentation.
verification, bank statements (checking and/or savings), or
certified copies of tax returns. (These can be acquired by
submitting an IRS Form 4506, "Request for Copy of Tax Form.")
Step 2: Calculate the
This calculation must include hourly wage figures, overtime
applicant household's
figures, bonuses, anticipated raises, COLAs, or other anticipated
projected income based
changes in income. Other specific inclusions must also be
upon documentation.
reflected in the calculation, depending upon which definition of
annual income the PJ has elected to use for its program. Specific
instructions for each of the three definitions of income under
HOME are provided later in this guide.
Step 3: Compare the amount
Once the PJ has calculated the household's income, based on its
of projected income
selected definition, it must compare the household's final
against current HOME
projected figure to annual HOME income limits, which are
income limits.
adjusted according to household size. These limits are posted
online at:
www.hud.gov/offices/cpd/affordablehousing/Trograms/home/lim
its/inco me/index/cfm. This information is also available through
the CPD office of your state or local HUD Field Office.
Households whose projected annual income is less than the
current HOME income limits are eligible for HOME assistance.
Page 5 of 5
EXHIBIT 5
CITY OF CUPERTINO INCLUSIONARY HOUSING PROGRAM
BUYER'S DISCLOSURE STATEMENT
The City of Cupertino (the "City") has adopted an Inclusionary Housing Ordinance that
makes it possible for median and moderate income households to buy a house at a price that is
affordable. The price that you are paying for your house is below the market rate, as required by the
Inclusionary Housing Ordinance.
In exchange for giving you the opportunity to buy your house at a below-market affordable
price, the City will require you to sign a Promissory Note, Deed of Trust, and an Occupancy,
Refinancing, and Resale Agreement with Option to Purchase (the "Resale Agreement"). The Deed
of Trust and Resale Agreement will be recorded against your roe . These documents are
enforceable by the City. In general, the Promissory Note, Deed of Trust and the Resale Agreement
set forth conditions that you must meet, including but not limited to the following:
• The Resale Agreement requires you to live in your home as your principal place of residence
and prohibits you from renting out your home.
• The Resale Agreement places controls on the sale of your home. There is a limit to the
price at which you can sell the home. If you sell the home above the restricted price, you must
pay the City the difference between the restricted price and the sales price. In addition, you
must follow certain steps and procedures when you decide to sell your
• home.
• The City has an option to purchase your home at a restricted price when you put the home
up for sale or if you violate any agreements.
The purpose of the Promissory Note, Resale Agreement, and Deed of Trust is to make sure that
the City's goal of providing affordable homeownership opportunities to moderate income buyers
continues to be met by keeping your house affordable to other moderate income households should
you choose to sell or move. The City has helped you to buy a home; it wants to help others as well.
This Disclosure Statement explains the major provisions of the Promissory Note, Deed of Trust,
and Resale Agreement so that you will understand their requirements. You should, of course,
read the entire Promissory Note, the Resale Agreement, and the Deed of Trust and become
familiar with them if you are considered for the purchase of a particular BMR home.'
' Numerical examples are included in this Disclosure Statement to help you better understand the provisions of the
Buyer's Resale Agreement and Promissory Note. Please be aware that these are simply to show how things work and
that they are not intended to represent your specific situation. If you follow along with a calculator, you may not get exactly
the same answers. Any differences are probably due to how your calculator "rounds -off' numbers.
Page 1 of 10
REQUIREMENTS WHILE LIVING INA BMR UNIT
A. REQUIREMENTS IN EFFECT FOR 99 -YEAR TERM
The requirements that are in the Resale Agreement apply until the earlier of (i) ninety- nine
(99) years from the date of the recordation of the Resale Agreement, or (ii) the date you sell or
transfer your home in accordance with the Resale Agreement and the Deed of Trust. If you own and
live in your home for the whole 99 -year term, all of the requirements of the Resale Agreement go
away.
B. PRIMARY RESIDENCE AND ANNUAL CERTIFICATION
Your house must be your main place of residence. This means you must live in your home for
at least 10 months out of each calendar year. At least once per year, City or its agent will verify
that owners continue to occupy the BMR units. The verification process will include the following
steps:
• The City or its agent will mail to all BMR units a Certification of Owner Occupancy.
• You must complete the form and return it to the City within 30 days, including proof of
occupancy such as a copy of the most recent mortgage statement, property tax bill, or utility
bill.
• The City or its agent will annually order property title lot books to verify homeownership
and liens on the property.
Failure to Submit Annual Certification
If the City determines that you have willfully made false statements or misrepresented any facts
on the annual certification, or if you fail to submit the Certification of Owner Occupancy, the City
will treat this as a breach of the Resale Agreement and the Deed of Trust and will take all legal
remedies available, including forced sale of the unit.
C. LEASE OR RENT OF HOME
You are not allowed to lease or rent the house to anyone, except that in the event of substantial
hardship, you may rent -out the house for no more than 12 months, with prior written City approval.
If the City permits you to rent out your home for up to 12 months, you may only rent the home to a
lower income household, and the rent you may charge is restricted by the City to an affordable rent,
as defined by state law (approximately 30% of the tenant's household income, less an allowance for
utilities). If you violate these requirements, the City may sue to enforce them, and you will owe
the City any Excess Rental Proceeds you have collected (i.e., the rent in excess of the restricted
amount you are permitted to charge). You will also be in default under the Resale Agreement, and
the City may require you to sell the home to the City in the manner described in the Resale
Agreement.
D. MAINTAINING YOUR HOME/ PROPERTY INSURANCE
By signing the Resale Agreement and Deed of Trust, you agree to keep your home and
landscaping in good repair and in neat, clean, and orderly condition and to prevent deterioration
Page 2 of 10
of the home. You agree not use or dispose of any hazardous substances on the property, except those
commonly used on residential properties. You also agree to keep a standard homeowner's insurance
policy, with the City named as an additional insured. The insurance policy shall be in an amount
equal to the replacement value of the home. Every five (5) years, the replacement value will be
reviewed and adjusted as needed, if requested by the City. If you hire a contractor to work on your
home, the contractor must be licensed and carry liability and workers compensation insurance.
E. CAPITAL IMPROVEMENTS
If you make improvements to your home, and you want the value of the capital improvements
to be taken into account when the Maximum Restricted Resale Price (or option price) is calculated,
you must obtain written approval of the improvements by the City before the improvements are
made. The initial cost of such improvements must be at least $2,000 or more, and the improvements
must conform with existing building codes and with Federal Housing Quality Standards. A copy of
the receipts and invoices must be submitted to the City or its agent for proof of the capital
improvements made to your home.
F. REFINANCE AND JUNIOR MORTGAGES
The Resale Agreement allows you to refinance your first mortgage loan or place a
second mortgage or equity line of credit on your home, but places restrictions on the amount
received by you from the refinancing. Following refinancing of your first mortgage or the addition
of a junior mortgage, the principal amount of all debt secured by your house must not be greater
than the larger of. (i) 90 percent of the Maximum Restricted Resale Price; or (ii) the original amount
of all the loans you took out to finance the purchase of your home. If you are considering a refinance
of your first mortgage or obtaining a junior mortgage, you should contact the City for a
calculation of the Maximum Restricted Resale Price amount before you contact your financial
institution. The City will not approve any mortgage that allows payment of interest only, negative
amortization, adjustable rate, or reverse mortgage.
REQUIREMENTS FOR SELLING OR TRANSFERRING OWNERSHIP OF A
BMR UNIT
A. CITY HAS OPTION TO PURCHASE
In exchange for the opportunity given to you to buy your home at an affordable, below-
market price, the City has an option to buy your home at a restricted price if you sell your home or
transfer ownership during the term of the Resale Agreement or if you violate any of the terms of
the Resale Agreement. In other words, the City has the first opportunity to buy your house before
anyone else. The City may also give its option to purchase your house to a public agency, a nonprofit
organization, or a person or family meeting income and other requirements.
Page 3 of 10
B. PERMISSIBLE TRANSFERS OF OWNERSHIP — NOT A SALE
Certain transfers of ownership are allowed although these transfers will require the new owner or
owners to sign new BMR documents. The following transfers are permitted under the BMR
program. The City must be informed of these transfers, but the City does not have the right to
purchase your home if you transfer ownership to:
• An existing spouse or domestic partner;
• A spouse or domestic partner where the spouse or domestic partner becomes the co-owner
of the home;
• One spouse as part of a marriage dissolution proceeding;
• An existing spouse or domestic partner of owner by devise or inheritance following the
death of owner; or
• An inter vivos (living) trust in which the owner is the beneficiary and trustee, provided a
new resale restriction is executed in the name of the living trust and the BMR owner
provides the City with a copy of the trust document or certification of trust to verify the
trustee information.
Inheritance
In the event that someone inherits your home, the administrator of your estate or the
person inheriting your home must contact the City within 30 days of your death. If the person
inheriting your home qualifies as an eligible purchaser, he or she may keep your home, but he or
she will have to execute new homebuyer documents with the City. If the person inheriting your home
does not qualify as an eligible purchaser, he or she will have to sell the home in accordance with the
Resale Agreement, but may live in the home for up to 12 months, leave the home vacant for up to
12 months, or rent the home to a low income tenant at a restricted rent for up to a year. If the person
inheriting your home does not qualify as an eligible purchaser, and does not comply with the terms
of the Resale Agreement, he or she will be in default under the Resale Agreement, and the City may
exercise its option to purchase the home at the Maximum Restricted Resale Price. These provisions
do not apply to a spouse or domestic partner of the owner.
C. PROCESS FOR SELLING A BMR UNIT
The first action that you must take if you want to sell your home is to contact the City or its
agent and submit an Owner's Notice of Intent to Transfer. You should do this before you contact a
real estate broker and before you put the home on the market. The notice must include a pest
report from a licensed pest inspector, other required information, and a description of any capital
improvements that you have made and for which you received City approval. The Owner's Notice
of Intent to Transfer must be sent by certified mail with a return receipt requested or by express
delivery service with a delivery receipt. Notices are considered effective as of the date received
or the date delivery was refused.
City's Response
The City will contact you within seven days of receiving the Intent to Transfer to arrange
for a time to inspect your property to assess its condition. Within 30 days of the City's receipt of
the Intent to Transfer, the pest control report, other required information, and the capital
Page 4 of 10
improvement request, and the City's on-site inspection, the City will send you a City Response
Notice. The Notice will explain whether the City intends to exercise its right to purchase or transfer
its right to an income -eligible buyer. The City Response Notice will also provide the restricted sales
price amount.
City Exercises Right to Purchase
If the City elects to exercise its right to purchase the property or transfer its right to an
income eligible buyer, escrow will close within 90 days of the date that the City Response Notice
is sent to you. The City or its agent will select the new buyer from the City's waitlist.
When your home is bought by the City or a City -selected buyer under the City's option to
purchase, you will pay to the City a transaction fee equal to six percent of the sales price. This
fee takes the place of the fee for a broker's services. The City will be performing those services
when it purchases your home.
You should not contact a broker to sell your home until the City has informed you
whether or not it will not exercise its option to purchase your home. If you contact a broker and
the City exercises its option, you will owe the City a six percent transaction fee and you will be
solely responsible for any additional broker fee.
City Elects to Not Exercise Right to Purchase
If the City chooses to not exercise its right to purchase the property or assign its right to an
income eligible buyer, you may sell the home to an income eligible household for no more than the
restricted sales price provided by the City. An eligible purchaser is a household (1) who will live in
the home; (2) whose income is equal to or less than the income level designated in the City Response
Notice; and (3) who will agree to sign resale restriction documents required by the City and to
otherwise cooperate with the City.
Once you find a potential eligible purchaser, you must refer the proposed buyer to the City so
that the City can determine if in fact the buyer is an eligible purchaser. The seller and the proposed
buyer must give specific information and documents to the City as described in the Resale
Agreement.
When the sale of the home to the eligible purchaser is completed, you must submit to the
City the information and documents listed in Resale Agreement.
Non -Permissible Transfers
You may not transfer title to the BMR unit (ex c e p t f o r t h e t r a n s f e r s listed in Section
B a b o v e ) without submitting the Owner's Notice of Intent to Transfer and receiving the City's
approval. Title to the BMR unit may not be transferred to your friends or relatives whose income
or assets exceeds the established limits, or who will not occupy the BMR unit on a permanent
basis after the transfer, or who are otherwise not eligible to purchase a BMR unit.
D. SALES PRICE OF BMR UNIT IS RESTRICTED: MAXIMUM
RESTRICTED RESALE PRICE
Page 5 of 10
The City wants to make sure that the price of the BMR unit remains affordable to future
median and moderate -income buyers. Therefore, the Resale Agreement limits the sales price of your
home. The Maximum Restricted Resale Price that you can receive is the lower of the Indexed Price
described in Section D.1 below and the Fair Market Value as described in Section D.2.
1. INDEXED PRICE
(a) Owner's Base Price (price at which you bought it)
(b) increased by the percentage increase of the Area Median Income for Santa
Clara County for a household size of 4 persons from the date of your original purchase (the
recording date of the grant deed for the property) to the date of receipt by the City of the Owner's
Notice of Intent to Transfer
plus
(c) appraised value (not cost) of any eligible capital improvements and any
special assessments imposed by the homeowners association and paid by you. Eligible capital
improvements, among other requirements, must be approved in writing by the City before they are
installed, as described previously
minus
(d) Cost of repairs to correct any violations of building or other codes, to put the
house in a "sellable condition," such as cleaning, painting, appliance and other repairs, and other
deferred maintenance repairs.
Example 1 shows how the Indexed Price formula works.
EXAMPLE 1 You sell your house at the end of eight years. The original price of your three-
bedroom home was $341,000. The median income for a family of four in Santa
Clara County when you bought your home was $105,500. Median income increases
by 16% over the eight years. Five years after buying your home, you remodel your
kitchen (with prior City written approval) and the remodeling work is valued by an
appraiser as worth $3,000 at the time you sell. There is no deferred maintenance.
(a) Original Price of Home $341,000
(b) Median Income Increases by 16% over
eight years
multiply (a) by 16%, then add 54,560
result ($54,560) to (a) $395,560
(c) Appraised Value (not cost) of Eligible
Capital Improvements
INDEXED PRICE $398,560
2. FAIR MARKET VALUE
Under the Resale Agreement, the fair market value can be determined in one of two
ways. First, it can be established by a real estate appraiser approved in advance by the City. If
Page 6 of 10
possible, the appraisal will be based on sales prices of homes similar to yours that are sold in your
market area during the preceding three-month period. The appraisal will not take into account the
fact that the resale price of your home is restricted by the Resale Agreement. The value of any (i)
eligible capital improvements that you have made to your home, or (ii) damage or deferred
maintenance that decrease its value shall be included in the appraisal. The cost of the appraisal
used to determine fair market value will be paid by you, unless a new buyer has obtained an appraisal
that you may utilize. The Resale Agreement also allows you and the City to set the fair market value
of your home by mutual agreement instead of relying on an appraiser. Both you and the City would
have to agree to this particular method (instead of hiring an appraiser) and to the final fair market
value amount. If you and the City fail to agree on the Fair Market Value, either one can require use
of the appraisal method.
Example 2 shows how the Indexed Price and the Fair Market Value of the home are compared
to determine the Maximum Restricted Resale Price at which you can offer your house for sale.
EXAMPLE 2 The assumptions are the same as in Example 1. You sell your house at the end of eight
years. The original sales price of your home was $341,000. The median income for a
family of four in Santa Clara County when you bought the home was
$105,500. Median income increases by 16% over the eight years. Five years after
buying your home, you remodel your kitchen. The Fair Market Value of your home
is determined by appraisal, the cost of which is paid by you. The appraisal determines
the Fair Market Value at $450,000. This amount includes the value of the kitchen
improvements, at $3,000.
PRICE
INDEXED is less FAIR MARKET MAXIMUM RESTRICTED PRICE than
VALUE then RESALE
$398,560 < $450,000 =�> $398,560
Since the Fair Market Value of the home is greater than the Indexed Price of
the house, the Maximum Restricted Resale Price which you can receive from the sale
of your home is $398,560.
E. TRANSFER IN VIOLATION OF RESALE RESTRICTION AGREEMENT:
PAYMENT OF "EXCESS SALES PROCEEDS" TO CITY
If you sell or transfer your home in a way that violates the terms of the Resale Agreement, or
if the City does not choose to purchase your home and you cannot find an eligible buyer, then you
must pay to the City any "Excess Sales Proceeds" that result from the sale of your house. For
example, if you do not sell your home to the City or to an eligible purchaser, but to someone else
for market value, then you will owe the City any 'Excess Sales Proceeds" that result from the sale.
The term "Excess Sales Proceeds" is defined in the Resale Agreement as the amount by which
the gross sales proceeds you receive from the ineligible buyer exceed the Maximum Restricted
Resale Price for the home. Another way to put it is the following:
Gross Amount of Money the New Buyer Paid for the House
Page 7 of 10
MINUS
Maximum Restricted Resale Price (from City Response Notice) EQUALS
Payment to the City of Excess Sales Proceeds
The amount of Excess Sales Proceeds that you pay to the City is used by the City for other
affordable housing programs to help other median and moderate income families purchase a home.
Example 3 shows how the Excess Sales Proceeds are calculated.
EXAMPLE 3 You sell your house at the end of eight years. You originally paid $341,000 for your
home. The City Response Notice sets the Maximum Restricted Resale Price at
$398,560. The City does not choose to purchase your own, and you are unable to
find a buyer who qualifies as an eligible purchaser. You sell the house for
$500,000. You must pay the City Excess Sales Proceeds as calculated below:
Total Amount Market
Purchaser Paid For House $ 500,000
MINUS
Maximum Restricted Resale Price (from
City Response Notice) -398,500
Amount of Excess Sales
Proceeds You Pay to City $101,500
In cases where transfer of your home to another person is by means other than sale (with the
exception of a creditor taking title), the amount of Excess Sales Proceeds is the difference between
the original purchase price and the fair market value of the home at the time of transfer
VIOLATIONS OF BMR REQ UIREMENTS
If you violate any provisions of the City documents, you are considered to be in default under
the Resale Agreement. Also, if you default under any loan on the home, such as a mortgage
or home equity loan, you would also be considered to be in default under the Resale Agreement. If
you do not correct the violation, the City could require you to repay Excess Sales Proceeds and/or
exercise its option and buy your home for the Maximum Restricted Resale Price. The City could
also go to court and get a court order to enforce the provisions of the City documents, which may
result in a foreclosure on your home.
The City may learn of violations of the Resale Agreement and program restrictions through
periodic audits and other resources available to the City. The City may take all actions necessary
to verify occupancy of the unit by the persons on the title to the unit. Any homeowner who violates
the terms of the Resale Agreement may be forced to sell the unit to the City, who
Page 8 of 10
will normally then sell the unit to the next eligible purchaser on the waitlist. The City will require
the owner to reimburse the City for any rent that was collected in excess of that allowed by the
Resale Agreement.
Forced Sale due to Breach of Resale Agreement with Option to Purchase
Owners who breach the requirements of the Resale Agreement are violating the City
Council's policy of providing homeownership opportunities to median and moderate income
households. The number of people on the BMR waitlist often exceeds the number of BMR
units available. Therefore, when the City confirms that an owner has breached the terms of the
Resale Agreement, especially by not living in the BMR unit, the City may exercise its option and
force the sale of the BMR unit.
Foreclosure
If a lender records a Notice of Default on a BMR unit, then a breach of the terms of
the Resale Agreement has occurred. The City shall inform the owner of the action that needs
to be taken to cure the default and by what date the default must be cured. If the owner is unable
to cure the default, then the City again may exercise its option and force the sale of the BMR unit
to preserve the unit as affordable housing.
Page 9 of 10
Signature Page
Please sign this Buyer's Disclosure Statement in the space provided below, keep a signed
copy for your records, and return the original to the City at the following address:
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95104
I have received, read and understand the above Buyer's Disclosure Statement. I also
understand the following:
1. The restrictions last for 99 years.
2. The home may be sold only to a median or moderate income family for 99 years.
3. The resale restrictions will usually reduce the property's sale price compared to the sales price
of other homes. The sales price that I receive may be less than half the price of an
unrestricted home.
4. Refinancing of the property and home equity loans are restricted.
5. I must contact the City of Cupertino before any sale or refinancing of the property and
before receiving a home equity loan. Any sale or refinancing or home equity loan must be
approved by the City.
6. I must live in the home. I cannot lease or rent it unless approved by the City for hardship.
7. The City has the right to buy my home at a restricted price when I decide to sell it or if I
violate any of the provisions of the agreements I have signed.
Signature of Buyer
Print Name of Buyer
Page 10 of 10
EXHIBIT 6
CITY OF CUPERTINO HOUSING MITIGATION PROGRAM
BMR RENTER OCCUPANCY CERTIFICATION
Property Name:
Property Owner:
Address of BMR Unit:
Tenant Name:
Instructions to BMR Renter: Please complete this form and return to
(Property Owner) by
20.
If you fail to submit this signed form within thirty (30) days of the written request, then your
lease shall be terminated and you must vacate the unit within thirty
(30) days of written notice from the property owner/manager. If you fail to vacate the
unit, the property owner will institute eviction proceedings.
HOUSEHOLD MEMBERS -List below all persons who live in the unit.
HOUSEHOLD MEMBER I AGE I RELATIONSHIP TO HEAD OF HOUSEHOLD
Criminal and Administrative Actions for False Information
You understand that knowingly supplying false, incomplete or inaccurate information may
constitute a felony, punishable under Federal or State criminal law. Knowingly supplying
false, incomplete or inaccurate information is grounds for termination of your lease.
By signature below, I
_[insert name] hereby certify to the City under penalty of perjury that I and all of the
Household Members listed above occupy the rental unit located at _[insert address] as my/our
principal place of residence and that Uwe have occupied the Premises for_(_)
[insert number] months of the calendar year [insert previous calendar year]. I
Page 2 of 2
further certify that there are no additional occupants residing in the unit.
Signature of Household Adults
1.
2.
3.
4.
TO BE COMPLETED BY THE PROPERTY OWNER OR MANAGER
Date
By signature below, I_[insert name] hereby certify to the City that, to the best of my
knowledge, the persons identified above do indeed live at the address referenced above, and
no additional persons live there.
Signature of Property Owner/Manager Date
(Company Name)
Page 2 of 2
Exhibit 7
CITY OF CUPERTINO HOUSING MITIGATION PROGRAM
CERTIFICATE OF RECEIPT OF POLICY AND PROCEDURES MANUAL FOR
ADMINISTERING DEED RESTRICTED AFFORDABLE HOUSING UNITS
(RENTAL PROPERTY OWNER'S AND/OR MANAGING AGENT)
The undersigned received a copy of the Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing Units for the City of Cupertino's Below Market Rate (BMR)
Housing Mitigation Program. Further, the undersigned understand that the BMR Administrative
Policies and Procedures require compliance with the requirement described in the Procedures.
Development Name and Site Address
Signature of Property Owner Printed Name
Date
Signature of Co -Owner Printed Name
Date
Signature of Property Manager or Owner's Managing Agent Printed Name
Page 1 of 1
Exhibit 8
BELOW MARKET RATE (BMR) ADDENDUM TO LEASE CONTRACT
Date of Lease Contract: Unit Number:
Address:
Resident(s) name(s)
This BMR Addendum is made part of the Lease Contract ("Lease") dated as of the Lease Date referenced above between the
Resident(s) named above (all individuals identified above are collectively referred to herein as "Resident" or "Household") and
, ("Owner") for the real property located at the Address listed above in the Unit Number listed
above (the "Premises"). This BMR Addendum is in addition to all terms and conditions contained in the Lease, and all attachments
to the Lease, which shall remain the same and in full force and effect except as modified in this Below Market Rate (BMR)
Addendum. To the extent that the terms of this BMR Addendum conflict with those of the Lease, this Addendum shall control.
BMR Program. Resident understands and acknowledges that the Premises is operated in accordance with an Agreement
Containing Covenants and Restrictions (Including Declaration of Resale Controls) ("Agreement") between the Owner
and the City of Cupertino ("City"). The Premises and the Lease are subject to various laws, rules and regulations
governing the affordable housing component of the {PROPERTY (hereinafter referred to as the "BMR Program").
Resident understands and agrees that this BMR Addendum and/or the Lease may be amended at any time upon thirty
(30) days' notice as necessary to ensure compliance with all laws, rules, regulations and agreements governing the BMR
Program and/or the Premises.
2. BMR Program Eligibility. Resident understands and acknowledges that Resident's eligibility to qualify for a unit under
the BMR Program and occupy the Premises is based on, among other criteria, information provided by Resident to the
City or its Designee including information regarding Resident's household income and assets and Resident's household
size. Prior to approving Resident for a BMR Unit, and not less frequently than annually thereafter, the City or its Designee
must obtain a certification from Resident demonstrating that the household is an Extremely Low Income, Very Low
Income or Low Income Household and meets the eligibility and occupancy requirements established for the BMR Unit.
Misstatements on Application or Certification Forms. Resident has completed an application and income certification
and household composition forms in connection with securing the Lease. Resident represents that all information
provided to Owner and the City or its Designee is true, complete and correct to the best of Resident's knowledge. The
City or its Designee has relied upon the statements set forth in those documents in deciding to rent the Premises to
Resident and in determining Resident's eligibility for the BMR Program. It is agreed that, should Owner or the City or
its Designee subsequently discover any misstatements or omissions of fact in the Resident's application or on any
certification forms, any such misstatements or omissions shall be deemed a material and incurable breach of the Lease
and shall entitle Owner to serve Resident with a notice terminating the tenancy.
4. Annual Recertification. Resident's eligibility for housing under the BMR Program must be certified each year. Resident
agrees to fully cooperate in the recertification process including timely providing to City or its Designee, all necessary
information regarding household income and household composition as well as signing all necessary verifications,
authorizations and other forms relating to the recertification process. Failure to provide accurate and timely information
required for recertification will constitute a material breach of the Lease and may lead to the termination of the tenancy.
5. Change in Occupants. Resident understands and agrees that additional occupants will be allowed and/or disallowed in
accordance with income guidelines per the BMR Program Manual, Owner's occupancy standards and applicable laws.
Before any change in occupancy occurs, Resident must receive written permission from the City or its Designee and
Landlord.
6. Disclosure of Information Provided. Resident understands information provided by Resident to Owner may be subject
to inspection by the City, its Designee, or certain government agencies or their agents who may have oversight over the
BMR Program and/or Owner. Resident hereby authorizes representatives of any of these entities to receive and review
any information supplied by Resident to any of the others in connection with BMR Program eligibility, the Lease or
Resident's tenancy.
7. No Third -Party Beneficiary. Resident is not a party to the Agreement between the Owner and the City nor is Resident
entitled to claim any right or benefit under those Agreement, including the status of a third -party beneficiary under the
Agreement. Nothing in the Agreement, express or implied, is intended to confer any rights or remedies, on any persons
other than the parties to it and their respective and permitted successors and assigns.
,=A L HDU SING
OPPORTUNITY
8. Incorporation of Agreement. The Agreement is hereby incorporated into this Addendum and the Lease and made part
thereof. Resident agrees to abide by the Agreement in all respects. Any failure to comply with the Agreement shall be
deemed a breach of the Lease.
The undersigned certifies that he/she has read and understood the above -provisions of this BMR Addendum and agrees to abide
by its terms.
RESIDENT:
Resident Signature Date
Resident Signature
Resident Signature Date
Resident Signature
Resident Signature Date
Resident Signature
OWNER OR OWNER'S REPRESENATATIVE (signing on behalf of owner)
Signature Date
Date
Date
Date
,5QUAL HDU SING
OPPORTUNITY
Exhibit A
Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
Attached
Approved by the City Council
September- 20, 2016
DATE
Resolution No. 4 -618 -
10300 Torre Avenue
Cupertino, CA 95014
Voice: (408)777-3251
Fax: (408)777-3330
City of Cupertino Housing
Division Department of
Community Development
TABLE OF CONTENTS
1.0 Introduction........................................................................................................................ 3
2.0 Applicant Selection Process...............................................................................................4
2.1. Conflict of Interest.................................................................................................4
2.2. Priority Point Placement System..........................................................................4
2.3. Requests for Reasonable Accomodation..............................................................4
2.4. Housing Constructed for People with Disabilites................................................4
2.5. BMR Applicant Waitlist......................................................................................10
2.6. False Statements................................................................................................... l l
2-.4-.3.0 Minimum Tenant/Homebuyer Eligibility Requirements................................................4
2.2. �ief of interest 4
3.1. Household Minimum Occupancy Size Requirements.....................................11
3.2. Household Composition....................................................................................... 11
Annual
3.3. Definition of Employment in Cupertino ................... 11
3.4. Definition of Resident,, i�pertino.................................................................12
3.4.4 .. Sale Determination ............................... 1 7
3.5. Ei-naneingAnnual Gross Income............................................................................12
3.6. Assets....................................................................................................................13
X4.0 Ownership Units- Requirements for Buying a BMR Unit 11
3.8. Minimum Cash Available .................................................................................... i-3
14 4.0—Rental Units......................................................................................................................
4.1. Income Limits fOF BA4R Rental Units 1414
4.2. Asset Limit............................................................................................................14
4.3. Definition of First-time Homebuyer...................................................................15
^ 2 Rental Rate 4.4.Affordable Sales Price
Determination...................................................................................................4-516
4.5. Financing.................................................................................16
4.6. Occupancy Conditions.........................................................................................16
4.7. Required Pre -Purchase Education.....................................................................16
TABLE OF CONTENTS
4.8. Documents for Completing Home Purchase......................................................16
4.9. Term of Affordability..........................................................................................16
4.10. Annual Monitoring..............................................................................................18
5.0 Rental Units- Requirements for Renting a BMR Unit.................................................14
5.1. Income Limits......................................................................................................14
5.2. Asset Limit...........................................................................................................14
5.3. Definition of First -Time Homebuyer.................................................................15
5.4. Rental Rate Determination..................................................................................15
5.5. Previewing of Unit................................................................................................ 15
5.6. Occupancy Conditions.........................................................................................16
4-.7-.5.7............................................................................................... Annual Rent Adjustments 16
45.8. Annual Re -Certification of Income.....................................................................16
4,15_9. Terms of Tenancy.............................................................................................4-716
6.0 Requirements of BMR Rental Property
Owners and Managers................................14
4.4-06_1.Availability of
New Units for Lease
.....4-914
4.-46_2.Eligible
Prospective Tenants
...........................................................................................................................�14
4426_3.Prospective
Tenant's Previewing of
Unit....................................................................................................................4-915
4.436.4.................................................................
Executed Lease Agreements 15
4446.5.Annual
Rent
Adjustments......................................................................................................4-915
4.4-56_66...............................................................................................................
Owner/Manager
Certification.....................................................................................................4-916
4466.7.Terms
of Affordability
Covenants.........................................................................................................4116
44-76.8.Terms
of
Tenancy.............................................................................................................4116
44-8 6.9.
Requirements
...........................................................................................................................4118
x-:07_0 Appeal Process..................................................................................................................19
x-08_0 Authority..........................................................................................................................19
List of Exhibits
Exhibit 1 EligibilityFE)Fm Instmetions and Eligibility .om�r�� Rea4al or- For- Sal
Exhibit 1 BMR Waidist Application Form
Exhibit 2 BMR Pro-r�pplication (Ownership)
Exhibit 3 BMR Program Application (Rental)
TABLE OF CONTENTS
F3Exhibit 4 24 CFR 5.609 and Excerpts from the Technical Guide for Determining Income
and Allowances for the HOME Program
Exhibit 45 Buyer's Disclosure Statement
Exhibit 56 BMR Renter Occupancy Certification
Exhibit 67 Certificate of Receipt of Administrative Procedures Manual
Exhibit 8 BMR Lease Addendum
0
1.0 Introduction
As required by Section 19.172.030 of the Cupertino Municipal Code, this manual establishes
procedures for the on-going administration of the inventory of affordable units, also referred to as
Below Market Rate (BMR) units, created by the City of Cupertino's Residential Housing Mitigation
Program. The manual includes procedures and guidelines for prioritizing applicants, evaluating the
eligibility of applicants, setting maximum affordable rents and sales prices, and monitoring
compliance of tenants and homeowners with the recorded affordability covenants. The manual
will provide guidance to City staff, the City's program administrator, BMR homeowners, B M R
renters,and property managers of rental complexes that contain BMR units. The
attaehed attached exhibits and certain portions of this manual will be updated as necessary to
comply with regulations and policies of the United States Department of Housing and Urban
Development (-HUD), State of California Department of Housing and Community Development
(HCD), and City Housing Element and zoning ordinance.
A separate manual, the "Below Market Rate (BMR) Housing Mitigation Program Procedural
Manual," describes—establishes the procedures for implementing
deve open -s under- the Re&iden4 the City's Housing Mitigation Program.
The City of Cupertino has overall responsibility for the BMR program although the administration
may be contracted out to another agency. The guidelines in this Manual must be interpreted in
conjunction with the City's Housing Element, zoning, and documents implementing the BMR
program.
Page 1 of 17
2.0 ApplicantApplication Selection Process
-- - - - --
°---_-_---=--_------=----- -
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MAAV 0 WA..
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.
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2.1. 24konflict of Interest
The following individuals are ineligible to purchase or rent a BMR unit:
• City employees and officials (and their immediate family members and dependents)
who have policy-making authority or influence regarding City housing programs,
participate in making decisions regarding City housing programs, administer City
housing programs, or whose salary is paid in any part from a City housing program;
• Any consultant to the City and employees of the consultant (and their immediate
family members and dependents) who have policy-making authority or influence
regarding City housing programs, participate in making decisions regarding City
housing programs, administer City housing programs, or whose salary is paid in any
part from a City housing program;
• An applicant for or developer of the project containing the BMR units and its officers
and employees (and their immediate family members), and the property owner of the
project and its officers and employees (and their immediate family members); or
• Any other individual who has a conflict of interest as defined by federal or state law
or the City's adopted Conflict of Interest Code.
In addition, if an employee of any consultant involved with City housing programs is on the
waiting for any BMR unit, all review of that employee's application must be
performed by the City. in order to tfaek The City will screen for applicants who potentially
that fall under this conflict of interest policy, the City will ensure that the waitlist of BN4
when
verifying income sources and employers at the time of application.
Page 2 of 17
2.2. Priority Point Placement System
The City has established '
•T �" �o based an a priority point placement system that reflects the City's priorities regarding
placement of households into the limited number of BMR affordable units in the City. Under
the priority point placement system, preference is given to applicants who live and/or work
in Cupertino, with an additional priority point awarded to public employees who work in
Cupertino (for instance, teaeher-s, atschool district employees, city employees,
police fire, post office, etc.). The priority point placement
system point scale is listed below. Applicants must qualify for priority points at the time
of application and again at the time of review for a BMR purchase or rental unit.
Applicants can receive up to a maximum of 4 points based on the following criteria below:
One Point =
Cupertino resident
Two Points =
Working in Cupertino
One Point =
Public Employee Working in Cupertino
Applicants receiving four points shall be considered the highest priority; applicants receiving
three points shall be considered the second highest priority; applicants receiving two points
shall be considered the third highest priority; applicants receiving one point shall be
considered the fourth highest priority; and applicants receiving zero points shall be considered
the lowest priority.
In addition, applicants who have been displaced from rental housing in Cupertino by
public or private redevelopment shall receive a priority over all other applicants.
2.3. Requests for Reasonable Accommodation
The City and its agent have an obligation to -provide a "reasonable accommodation" to
applicants if they or any family members have a disability or handicap that requires a change
in the usual application process.
A reasonable accommodation is some modification or change that we can make to the policies
or procedures that will assist an otherwise eligible applicant with a disability to take
advantage of the City's BMR program. Examples of a reasonable accommodation include:
• Making large tvne documents or a reader available to a vision impaired applicant durin
the application process:
• Permitting an outside agency to assist an applicant with a disability to meet the
ropertv's screening criteria: or
• Permitting a sign language interpreter to assist a hearing impaired applicant during the
a plication process.
An applicant that has a family member with a disability must still be able to meet the essential
obligations of the BMR program. Potential renters must be able to pay rent, care for their
apartments, report required information to the owner, avoid disturbing neighbors, etc., but
Page 3 of 17
there is no requirement that they be able to do these things without assistance. Potential
homeowners must have adequate income to support a mortgage and meet other eligibility
criteria.
If you or a member of your household has a disability or handicap and think you might need
or want a reasonable accommodation, you may request it at any time in the application
process. If you would prefer not to discuss your situation with us, that is also your right.
2.4. Housing Constructed for People with Disabilities
Some BMR units may be specially constructed to be accessible for people with disabilities.
In the event that an accessible unit becomes available, persons with disabilities on the waitlist
will be provided a preference for those BMR units.
2.5. 'BMR Applicant Waiting UstsWaitlist
The waitlist application period for BMR for- sale ownership and rental units will open on the
first business day of October annually. At that time, BMR for--ale-amental
and ownership waitlist application forms will be accepted. The waitlist application period will
close on the last business day of October annually. Anyone who wishes to be included on
the waitlist must apply each year within this time frame, including those who were on
the waitlist in previous years. Each eligib4k-y-waitlist application form will be separated
into a subgroup based on priority points. For applicants reapplying for a position on the
waitlist, the applicant will maintain their current position on the waitlist from the previous
year, provided the applicant continues to qualify for a BMR unit and their priority points
remain unchanged. Applicants who are no longer income eligible, or who do not reapply, will
be removed from the waitlist each year.
Within 30 business days of the submission deadline (the last business day of October), the
City or its agent will conduct a lottery for new applicants. Along with the City or its agent,
two witnesses must assist with the lottery. New applicants will be added to the bottom of the
list of the priority group for which they are eligible, after applicants who were on the list in
previous years and continue to qualify. The lottery will be performed for the new applicants
within each priority group to randomly assign each applicant a waitlist number. For example,
a new applicant who qualifies for three priority points will be placed into the lottery with the
other new applicants who qualify for three priority points and all of the new applicants will
be placed in the order generated by the lottery below those with priority points who were
already on the list within that priority group and who continue to be eligible.
All candidates will be emailed/mailed results of their applications by the end of December
annually specifying if they have been denied or approved, and if approved, their applicant
number on the waitlist. The waitlist will become effective January 1 St of the following vear.
7
appropriateZappl-ie-afA pool andin^ofne designation. -BMR units that become available
will be offered based upon the order of the waitlist within each priority group. If there is
no eligible household in the highest priority group, the City or its agent will then look
at applicants in the second highest priority group and so on. BMR units that become available
Page 4 of 17
will be offered to households whose self-reported income and household size match the
available unit and in the order of the waitlist in each priority grow.
Current BMR tenants are not eligible to apply for the BMR Rental Waitlist. If current BMR
tenants desire to chan,2e their BMR units, either within or between buildings, they must first
vacate their current unit and then return to the BMR Rental Waitlist. Exceptions will be made
for current tenants who request a reasonable accommodation.
---------------
2.5.1. 2 -VO -:Solicitation of Applicants
Applications for BMR rex+�l and ownership and rental units shall be solicited as
necessary to maintain an adequate number of applications in each of the following applicant
pools:
BMR Rental Units
Page 5 of 17
.,,.
- - - - - -
IN PI
-- - --
2.5.1. 2 -VO -:Solicitation of Applicants
Applications for BMR rex+�l and ownership and rental units shall be solicited as
necessary to maintain an adequate number of applications in each of the following applicant
pools:
BMR Rental Units
Page 5 of 17
• Very Low Income (up to 50% Area Median Income or AMI) BN4R Rental Units
• Low Income (up to 80% AMI) —
BMR Rental Ownership Units
• Median Income (up to 100% AM
• Moderate Income (up to 120% AMI)
Outreach shall be conducted through the City's website, program brochures, community
workshops, presentations and periodic print media advertising. The City and/or its agent shall
be responsible for updating the content on the City's website and distributing program
brochures that are culturally and linguistically appropriate to the community. These
brochures will be available at City Hall, the Cupertino Public Library, the Quinlan
Community Center, the Cupertino Senior Center and other appropriate locations.
Furthermore, the City or its agent shall conduct outreach efforts through local media that
are culturally and linguistically appropriate to the community.
2 FIs 24 -.7 -.Submitting an EUgibgity Femi for a BMR BMR Waitlist
Application Form
Exhibit 1 shows sample copies of the BMR waitlist application form for ownership or rental
units.
2.5.1. Submittinz a BMR Program Application
Exhibit 2 shows sample copies of the BMR program _ application for ownership or rental units.
2.5,1 Application Fees
BMR application and administrative fees may change from time to time. As a result, the most
recently approved application and administrative fees will be disclosed by the City or its
agent at the time of application annually in October for both BMR rental or ownership units.
There will be no annual fee to maintain an applicant's place on the waitlist.
2.5.1. 'Eligibility Process to Reapply on BMR Waitlist
An applicant must reapply each year to remain on the waitlist. All applicants must apply
annually in October, exee t that--. The only exceptions are those desiring an additional
priority as displacees-. They must apply within 90 days of receiving a displacement notice.
Provided the applicant continues to qualify for a BMR unit and their priority points remain
unchanged, the applicant will maintain their current position on the waitlist from the previous
year. Applicants who are no longer income eligible or who do not reapply will be removed
from the waitlist each year.
Priority points are not guaranteed from year to year. If an applicant loses any priority points
since the last year's application, that applicant will be assigned to the next appropriate priority
group and will receive a waitlist number within that priority group based o thee. date of
Page 6 of 17
If there are other applicants on the list in the lower priority group who
initially applied same ye-a:vere in that priority group on the previous year's
waitlist, the applicant who lost the priority point(s) will be placed below the pef-se r ep ogle
who was -were already in t4at-wthe priority group during the pr-eviewrp Lor year. A similar
process will be followed if an applicant gains priority points.
Candidates must keep the City or its agent informed about their current mailing address,
telephone contact information, employment information, household composition, or any
substantial changes in income that may affect the applicant's eligibility to remain on the
waitlist.
.,,.
I lift
-------------------
1,
- ----- - -- -----------------
. .....1 00-0-6-110-201
.Orm
2.5.2. Applicant's Right to Refuse BMR Unit
An applicant has two opportunities annually to refuse a BMR unit and retain their place
on the waitlist. If an applicant refuses a third time, then they will be placed at the bottom of
the waitlist.
2.6. False Statements
During the BMR application process or annual recertification households that intentional)
make false statements or misrepresent any facts on the application to purchase or rent a
BMR unit, or on the annual recertification, will be removed from the BMR waitlist
and barred from re -applying for a BMR unit in Cupertino in the future.
If the Citv or its agent should discover that a contract was completed by a purchaser or
renter who intentionally made false statements or misrepresented the facts in order to appear
eligible or remain eligible, the Cit will treat this as a breach of the Resale A g r e e m e n t
or rental restrictions and may exercise any remedies allowed under the rental restrictions
and/or resale agreement and any and all remedies allowable b.. 1
3.0 Minimum Homebuyer/Tenant Eligibility Requirements
Every purchaser or tenant of a BMR unit must meet specific minimum eligibility
requirements, as follows:
• Annual gross household income (including the income of all household members 18
ears of age and older) must not exceed the maximum income limits established for
the BMR unit:
• All owners and tenants must live in the BMR unit as a primmy residence; and
Page 7 of 17
• Potential owners must be able to obtain primary mortgage financing and have a
minimum of 5.0% of the BMR purchase price for down payment plus closing costs
(gift funds are allowed).
3.1. Household Minimum Size Requirements
To ensure that the City's limited BMR units are used efficiently, a household must be of
at least a size equal to the number of bedrooms in the BMR unit. For instance, to be eligible
to purchase or rent a three- bedroom unit, a household must contain at least three members.
Minimum household occupancy standards for BMR units are:
1 bedroom unit
= 1 person
2 bedroom unit
= 2 persons
3 bedroom unit
= 3 persons
4 bedroom unit
= 4 persons
3.2. Household Composition
A household is comprised of one or more persons who may or may not be related. An
unborn child can be counted in family size once there is medical confirmation of pregnancy.
An adoption in process will be counted in family size with verification of the adoption
process being underway. A child will be considered part of the household when the child
lives with a single parent for at least 75% of the time or in instances of joint custody.
at least 50%. The applicant will need to submit a copy of the divorce decree and/or
child custody agreement as verifiable documentation. If a divorce is in process, it may not
be possible to qualify an applicant because family size and financial status are unclear.
If the applicants are proposing to combine households with the purchase of the BMR. the
combined household must meet eligibility requirements and combined income must meet the
household income limits.
3.3. 'Definition of Employment in Cupertino
A letter or verification of employment shall serve as sufficient proof of employment in
Cupertino.
3.4. Definition of Residency in Cupertino
Residingipertino means: Occupiinng and renting, at the time of application for at least
one month prior to the application date, a bone fide rental dwelling unit (mobile home and
SRO units, or) within the Cupertino limits, as evidenced by a valid third -party documentation
(e.g. current lease, CA driver's license or vehicle registration card, and/or utility bills showing
applicant's name and street address in Cupertino). For homeless applicants, evidence that the
agpplicant's last permanent residence was located in Cupertino and/or documentation from a
case manager or homeless service provider may be used to document applicant's current
status in Cupertino, which may include places or structures other than a bona fide dwelling
unit (i.e. tent, vehicle, etc...)
3.5. 2:4.Annual Gross Income
Page 8 of 17
Applicants' household annual gross income shall be calculated in accordance with the
Technical Guide for Determining Income and Allowances for the HOME Program published
by the U.S. Department of Housing and Urban Development, as it may be amended (the
HOME Guide), and 24 CFR 5.609. Exee ffemrthe HOME Guide 4 GFR 5.609 are
s
attached as Exhibit 34. See Section 4.1 for income limits for an ownership unit. See Section
5.1 for income limits for a rental unit.
A copy of the entire HOME Guide is available for download here:
htlp://portal.hud..gov/huddoc/19754 1780.pdf
24 CFR 5.609 is available to be htips://www.gpo.gov/fdsys/Tkg/CFR-2016-
title24-vol l /xml/CFR-2016-title24-vol l-sec5-609.xm1
Exhibit 3 -4 -provides the definitions of what is included and excluded from the determination
of annual gross income in accordance with the Code of Federal Regulations. In summary,
gross household income is the sum of all the income for every adult, 18 years or older,
living in the unit. Sources of income include all wages or salaries, overtime pay,
commissions, fees, tips, bonuses and other compensation, net income from a business or
profession or from the rental of real or personal property, interest and dividends, payments
received from social security, annuities, insurance policies, retirement funds, pensions,
disability or death benefits, payments in lieu of earnings, public assistance, alimony and
child support received, and any other sources of income.
J,&L 24TDocumentation to Verify Sources of Income
The gross annual incomes of all household members age 18 or older are considered when
determining eligibility. The types of income to be verified and the type of documentation that
will be requested will include:
• For rental applicants, signed copies of federal tax return for the most recent
year-yqqrs. If the federal tax return for the most recent year has not been filed, then
a signed copy of the federal tax return for the previous year plus evidence of income
in the most recent year (W2 forms, 1099 forms) shall be provided. For ownership
agpplicants, this same information is required for the past three most recent years.
• Copies of the last three—eenseetrtN*,—payroll stubs or other verification of
employment for the last two consecutive months.
• Bank statements for the last two consecutive months (used to verify that the
applicant ettfFeatly has enetigh assets f the a,,w,, r at for- the BN4R unit an
elesing eests, bu4 does not possess assets in exeess of meets asset
requirements as defined in Section 3.6 Assets).
All income determinations are based primarily on the applicant's income for the past year as
evidenced by the documents listed above and additional verification, if requested, as listed
below. Income calculations will not factor in any speculative or uncertain projections of
future earnings, such as calculations of bonuses and overtime. Where major changes have
occurred in life circumstances since the applicant's last year of employment, including only
such major changes as retirement, job loss or gain, changes in base pay, or disability or death
of a wage earner, the City may deduct projected income losses or add projected income gains
from the applicant's income for the past year.
Additional income verification may also be requested as follows:
Page 9 of 17
Source of Income
Documentation
Salaries and wages
Verification from employer
Business income
Verification of income by a certified public
accountant or bookkeeper including a mos
recent quarterly profit/loss statement
Interest and dividend income
Current bank statements or dividend statements
Retirement and Insurance Income
Verification from source
Unemployment & Disability Income
Verification from source
Welfare Assistance
Verification from source
Alimony, Child Support and Gift Income
Verification from source
Armed Forces Income
Verification from source
Other
Verification from source
3.6. Assets
There are limits to the amount of russets that are used for eligibility for BN4R f r Sa
a*d rental tinits. For- households appl�iag to be an owner- of a BN4R ti -nit, the limit is,
$ 100,000. For- hetisehelds app!�4ng to be a tenant of a BN4R ti -nit, the limit is eval to the
in household ineeme limited aE�ested for- hatiseheld size that is allowable in order -
to be eligible for- the The ma-ximum allowable heiiseheld ineeme limits fib -r- th-e
ownership and
rental units. See Section 4.2 for asset limits for an ownership unit. See Section 5.2 for asset
limits for a rental unit.
3.6.1. Documentation to Support Assets
The table below represents what is included and excluded as assets-. and the type of
documentation that will be requested.
The following ehaft eontains the types o
assets te be verified
Documentation
Assets
Checking Account, Savings Account, Mutua
Copies of two most recent statements
Fund/Money Market Fund, Certificates o
Deposit (C.D.)
Stocks, including Options
Copy of stock certificate or proof of purchase and statemen
of current value; for stock prices attach a copy of recen
dated newspaper or online source that shows the value of eac
company's stocks
Bonds, including savings bonds
Copies of most recent document
Trust
Copies of most recent document
Gift
Signed Gift Letter by all parties
Personal Loan
Letter or loan agreement
Page 10 of 17
Down Payment Assistance Loan opy of Agreement
Individual Development Match Account Copy of two most recent statements
Other Verification from source
-----------------
v 70 mWe.- w
"Poaf 61, the
4.0 Ownership Units- Requirements for Buying a BMR Unit
4.1. Income Limits
The BN4R f sale The BMR ownership program is designed to assist first-time median and
moderate -income homebuyers. The BMR fie -ownership program uses income limits
published by HCD annually for Santa Clara County, per household size. HCD's income limits
include the median (up to 100% AMI) and moderate -income categories and income limits
are adjusted per household size. BMR ownership pro r income
limits per household size are published annually i the City's BMR r,.egr-,,,,., b,.,,ehij, o. An
example of median and moderate -income ranges is listed below.
Median Income (up to 100% AMI) — BMR Ownership Units
Moderate Income (up to 120% AMI) — BMR Ownership Units
ILL 3.1.1. -applicants
The City or its agent will accept one application per household. A co -applicant is defined
as an adult member of the household whether related or unrelated who intends to apply for
the BMR unit, be on the title of the property with the applicant, and occupy the unit
as his or her primary residence. The combined income and assets of all adult members
of the household (including co- applicants) to purchase a BMR unit must not exceed the
maximum income limits per household size and asset limitations of the program. All co -
applicants must go through the same process as the applicant and must agree to comply
Page 11 of 17
with the program requirements. Non -occupant co -signors are not allowed to assist with the
BMR purchase.
.�
.,, .
4.1.2. Credit Score
All applicants and co -applicants must have a minimum middle (3 credit bureau reporting)
FICO credit score of 660. Credit score will be verified at the time of application and the
applicant(s) will be responsible for all fees associated with the credit report.
4.2.
Asset Limit
Households with net assets over- $100,000 held in the U*ited Sta4es or- foreign eotffitr4es
Households
with assets over $100,000 or 30% of the BMR purchase price, whichever is greater, held in
the United States or foreign countries will not be eliizible to purchase a BMR home. Excluded
from assets are: all non -accessible funds, including any assets that generate a penalty when
withdrawn i.e. 401K, CALPERS, STRS and other pension plans; and 2) assets that will
used to f,nd the down payments. Section 2-.4-3_6 of this manual defines assets and provides
the documents that must be submitted to support the calculation of assets.
4.2.1. Minimum Cash Available
Buyer must contribute a minimum of 3% of their own funds towards down payment. In other
words, buyer's Combined Loan to Value Ratio (CLTV)may not exceed 97%.
A2,2 Gift Funds
Gift funds for the purchase of a BMR unit will be counted towards the applicant's overall
asset limit. Applicant(s) may receive up to 27% of the BMR purchase price in gift funds as
evidenced by gift letter signed _ by all parties involved.
4.3. K&Definition of First-time Homebuyer
Page 12 of 17
An applicant must be a first-time homebuyer to be considered for a BMR for- -sale —ownership
unit. An applicant shall be considered a first-time homebuyer if they have not owned a home for
at least three years. This definition applies to properties owned in the United States as well as
foreign countries as well the United States An exception will be made for people who were
homeowners prior to a divorce or legal separation.
The City or its agent may verify first-time homebuyer status by (1) reviewing mortgage
deductions on the three most recent years of federal tax returns for each adult in the
applicant's household; (2) a signed statement on the application stating homeownership
status: and (3) a title search.
4.4. 34 -Affordable Sale Price Determination
4.4.1. 34.4.Initial Prices of Newly Constructed Units
Newly constructed initial BMR sales prices will be determined by the City or its agent. The
City or its agent will calculate newly constructed initial BMR sales prices for both median
and moderate -income based on the maximum affordable housing cost provisions of Section
50052.5 of the California Health and Safety Code-, Section 6920 of the California Code of
Regulations, and most recent published HCD income limits. A 10% down payment and a
mortgage interest rate that is the ten (10) year rolling- average of 30 -year interest rate data
provided by Freddie Mac will be assumed when calculatinginitial itial pricin.
4.4.2. "J -.Prices of Existing BMR Units
Resale prices for existing BMR units will be determined by the City or its agent. The City
or its agent will reference the Occupancy, Refinancing, and Resale Restriction Agreement
with Option to Purchase (Resale Agreement) recorded on the title of the existing BMR unit
when calculating the BMR resale price.
4.5. Financing
15,L 3—.54 -.Lenders
Prospective purchasers of BMR units must seek and obtaintheir- ownrprimary mortgage
financing in order to purchase a BMR unit. There is no prearranged City financing; however
the City and its agent maintain a list of City approved BMR lending institutions who have
provided written confirmation through their underwriting and/or bond department that their
lending institution is able to provide primary mortgage financing with the City's BMR
requirements. In order to qualify as an approved BMR lender the institution must have
reviewed and approved the City's Resale Restriction Agreement, Deed of Trust and
Promissory Note in advance. From time to time the City may require additional training in
order for a lending institution to maintain its status as an approved City BMR lender.
1,1Z 3—.5. -2 -.Loan Requirements
The primary first mortgage loan must be a fully amortized 30 -year term fixed principal and
interest loan. Interest only loans, negative amortization loans, adjustable rate loans and
reverse mortgage loans are not permitted.
Page 13 of 17
In some cases the primary 30 -year fixed principal and interest loan may be combined with
down payment assistance, mortgage assistance or a community program second loan. Under
this scenario the primary and secondary lenders must receive written approval from the City.
4.5.3. 3-.6-.InsuranceRequirements
Prior to the sale of any unit, the City shall require that each purchaser secure a standard
homeowner's insurance policy, with the City named as an additional insured. The City will
be entitled to any policy proceeds in excess of the affordable unit purchase price if the
proceeds are not used to rebuild the home. The insurance policy shall be in an amount equal
to the replacement value of the home. At least every five (5) years, the replacement
value must be reviewed and adjusted as needed. If the owner hires a contractor to work
on the home, the contractor must be licensed and carry liability and workers compensation
insurance.
4.6. Occupancy Conditions
All owners of BMR units must occoy the premises as his or her principal place of residence
for at least ten (10,) months out of each calendar year. Each owner shall provide an annual
written certification to the City that the owner is occupying the premises as his or her principal
place of residence. Any absence from the premises by an owner for a period of sixty (60) or
more consecutive days shall be deemed an abandonment of the premises as the principal
residence of owner, and the City may declare a default under the Resale Agreement.
4.7. Required Pre -Purchase Education
After the applicants s are placed on the BM R Homeownership waitlist and before reseiir�g
an offer- to ptff ,i ase closing escrow on a BMR unit, the applicant(s) must attend a BMR pre-
purchase education workshop from a
qualified HUD approved agency. if an pude nt , p otos the 14UD approved workshop
eet4ifie Certificates of completion must be provided as proof of participation in
workshop of- pr-egr-am and will be at, or prior to, close of escrow. The applie
must eemplete pr -e pur-ehase e&eation within a reasonable time4ame established by the
City ar- its agent, er- the appliea-i-A will be femoved from the . for all adults who will be
on title of the propertL.
4.8. Documents for Completing Home Purchase
The following documents must be read and signed by the Owner(s) before the sale or
resale of a BMR unit is completed:
Page 14 of 17
' MONOWN
; W.—rM
4.8. Documents for Completing Home Purchase
The following documents must be read and signed by the Owner(s) before the sale or
resale of a BMR unit is completed:
Page 14 of 17
• Buyer's Disclosure Statement (Exhibit 45)
• Promissory Note
• Deed of Trust
• Occupancy, Refinancing, and Resale Restriction Agreement with Option to
Purchase (Resale Agreement)
• Request for Notice Under Section 2924b of California Civil Code
The Resale Agreement requires owners of BMR units to live in their home as their principal
place of residence and prohibits renting the home except in cases of hardship. It also limits
the price at which the homes can be sold. If the owner sells the home above the restricted
price, then the owner must pay the City the difference between the restricted price and the
sales price. In addition, the owner must follow certain steps and procedures when deciding to
sell the home.
The City has an option to purchase a BMR home at the restricted price whenever the
owner decides to sell the home or if the owner violates any agreements. The purpose of the
Promissory Note, Resale Agreement, and Deed of Trust is to make sure that BMR homes
remain affordable to other BMR households upon resale.
The Buyer's Disclosure Statement is attached as Exhibit 4 and should be reviewed by all
applicants who desire to purchase BMR homes. It summarizes the major provisions of the
other documents to ensure that a BMR owner understands his or her obligations under the
program. The City or its agent will provide the other documents to any interested applicant
and to all applicants who are considered for purchase of a particular BMR unit.
4.9. 34.W.Term of Affordability
The deed restrictions imposed on each BMR affordable unit pursuant to the program shall
remain in effect for a period of 99 years from the date of original sale of that unit. Furthermore,
the resale restrictions shall renew at each change of title.
4.10. Annual Monitoring
The City or the City's Agent shall monitor compliance of all the requirements of the BMR
program, including, but not limited to, owner occupancy. The owner shall cooperate with the
City and provide required certifications and any reasonable requests for supporting
documentation to confirm compliance within fifteen 05) days of receipt of a written request
by the City.
4.1U Failure to Submit Annual Certification
4 . �If the City determines that an owner has intentionally made false statements or
misrepresented any facts on the annual certification, or if an owner fails to submit the
Certification of Owner Occupancy, the City will treat this as a breach of the Resale Agreement
and the Deed of Trust and will take all legal remedies available, including forced sale of the
unit.
5.0 Rental Units- Requirements for Renting a BMR Unit
5.1. Income Limitsfor Beenta i n .' . its
Page 15 of 17
The BMR rental program is designed to assist very low (up to 50% AMI) and low-income
hotisehoWs(up to 80% AMI) households. In some instances, specific units are restricted to
extremely low-income (up to 30% AMI) as evidenced in the project's affordable housing
agreement. The BMR rental program uses income limits published by HCD annually for
Santa Clara County. HCD's income limits include the very low and low-income categories,
and income limits are adjusted for household size. BMR rental program rental program
income limits per household size are published annually in City's
hNehttr-e. An example of ver -y and ineome ranges is listed below._
5.1.1. Minimum Income Requirements
•�� ■WPI I_
A minimum income, determined by each BMR rental property owner and manager, is
required of applicants. The minimum income requirement may not exceed a requirement of
,gross monthly income of over three times the BMR rental rate.
S.1.2. 4.1.1. -Signers
Non -occupant co-signers are not allowed to assist with the BMR rentals.
5.2. Asset Limit
For households applying to be a tenant of a BMR unit, the a Is Is e t maximum
asset limit is equal to the maximum household income adjusted for household size that is
allowable in order to be eligible for the program. The maximum allowable household
income limits for the BMR rental program are published annually i the BMR Pi:egr-affl
br-eehufe. Assets are calculated based on account balances at the time of application.
5.2.1. 4 -.2 -A -.Documentation to Support Assets
The following chart contains the types of assets to be verified and the type of documentation
that will be requested.
Assets Documentation
Page 16 of 17
WIN
ON I I I 11 _1 M1 11161
For households applying to be a tenant of a BMR unit, the a Is Is e t maximum
asset limit is equal to the maximum household income adjusted for household size that is
allowable in order to be eligible for the program. The maximum allowable household
income limits for the BMR rental program are published annually i the BMR Pi:egr-affl
br-eehufe. Assets are calculated based on account balances at the time of application.
5.2.1. 4 -.2 -A -.Documentation to Support Assets
The following chart contains the types of assets to be verified and the type of documentation
that will be requested.
Assets Documentation
Page 16 of 17
Checking Account, Savings Account, Copies of two most recent statements
Mutual Fund/Money Market
Fund, Certificates of Deposi
(C.D.)
Stocks, including Options
Copy of stock certificate or proof of purchase and
statement of current value; for stock prices attach z
copy of recent dated newspaper or online sourc
that shows the value of each company's stocks
Bonds, including savings bonds
Copies of most recent document
Trust
Copies of most recent document
Gift
Signed Gift Letter by all parties
Personal Loan
Letter or loan agreement
Down Payment Assistance Loan
Copy of Agreement
Individual Development MatcE
Account
Copy of two most recent statements
Other
Verification from source
5.3. Oualification as Renter
Candidate(s) cannot own a home and/or be on title of a property when applying for the BMR
rental program.
5.4. 4 -.3 -.Rental Rate Determination
The City or its agent will determine the rental rates for BMR units by income level and
household size. The rents will be determined based on annual HCD published income
limits and section 50053 of the California Health and Safety Code.
Annual Rent (inclusive of fees and utilities) for very low-income units cannot exceed
30% of 50% of the area median income adjusted for the size of the household appropriate
for the unit. Annual Rent (inclusive of fees and utilities) for low-income units cannot
exceed 30% of 60% of the area median income adjusted for household size appropriate for
the unit.
Rent includes all charges related to occupancy of the unit including utilities, parking fees,
fees for use of common facilities and other fees and charges. If utilities are not paid by the
property owner, the rent for the BMR units must be adjusted downward to allow for a
utility allowance calculated in accordance with the utility allowances published by the Santa
Clara Housing Authority annually.
5.5. 44. -.Previewing of Unit
The City or its agent will coordinate with the apartment manager/ property manager to
preview the BMR unit.
Page 17 of 17
Living in a BMR Rental Unit
5.6. 4.6-.Occupancy Conditions
The approved BMR tenant(s) must occupy the BMR unit during the entire term of the lease.
If an additional occupant (roommate, family member, etc.) moves into the BMR unit, he/she
will be considered part of the existing household. In such cases, the BMR tenant must notify
the City or its agent prior to the move in date, and the entire household (including the new
occupant) will be reevaluated to determine eligibility, including household income
requirements. If the tenant(s) fail to receive approval from the City for any changes in
occupancy or if the tenant(s) subleases the property, the tenant household will no longer be
eligible to occupy the BMR unit. To qualify as a household member, the Head of Household
and Co -Head of Household must occupy the unit as their primary residence for at least 10
months of the year.
5.7. 4-.-7-.Annual Rent Adjustments
Maximum BMR rents will be adjusted annually based on the most recently published HCD
income limits for Santa Clara County per household size and also in accordance with the
California Health and Safety Code Section 50053. The most recent BMR rent levels will be
included in the BMR program brochure. The City or its agent will notify the property owner
of the new rental rates. If the owner chooses to raise rents, the tenant will be given a 60 day
notice before any rent increase.
5.8. 4. -8 -.Annual Re -Certification of Income
At least once a year, the City or its agent shall requalify BMR tenants to verify
that they are eligible to remain in BMR rental units. The City or its agent will provide the "BMR
Renter Occupancy Certification Form" (Exhibit 5) to theprepertyewnapartment
owners/property managers. If the BMR renter fails to submit a signed Occupancy Certification
within thirty (30) days of the written request, then the lease shall automatically terminate, and
the renter must vacate the unit within thirty (30) days of written notice from the apartment
owner/property manager. If the renter fails to vacate the unit, the apartment eery
owner/property manager will institute evictions proceedings.
On an annual basis, Regi alit ,.atior re -certification shall be based upon the BMR tenant's
household income,—_as determined by , copies of payroll stubs
or other verification of employment for the last two consecutive months, prior year tax returns
, bank statements for the last two consecutive months, and household size. If a very low—
income BMR tenant's household income increases and exceeds the BMR income limits for
very low -=income household but does not exceed the BMR income limits for a BMR low--
income household, then the tenant's rent will be increased to BMR low -=income rents, and the
tenant min -may remain in the unit until either- a suitable BMR low -=income unit becomes
available. If a tenant's household income increases and exceeds the BMR income limits for a
low -=income household, the tenant will be given three months to locate alternate housing and
Page 18 of 17
vacate the BMR rental unit. A three-=month extension may be granted in cases of extreme
hardship.
In the event that a tenant no longer meets the household minimum size requirements (see
Section 3.1) for their unit, such tenant's household may be moved to a smaller unit when an
appropriately sized unit becomes available in the same property, in accordance with the terms
of the tenant's lease.
5.9. 4-.WTerms of Tenancy
BMR tenants will be subject to the same conditions of tenancy as other tenants
occupying the same property, except for terms relating to occupancy, income eligibility,
annual recertification, and limits on rents. The initial BMR lease term is for one year.
6.0 Requirements of Apartment Owners and
Propert,, Managers
6.1. 44.0 -.Availability of New Units for Lease
An affordable BMR unit may not be leased until the City has approved the unit for occupancy.
6.2. 441 -.Eligible Prospective Tenants
All BMR units must be rented to BMR tenants approved by the City and/or its agent. The
services of this agency shall be funded out of the C44-y-LCity's Below Market -Rate (BMR)
Affordable Housing Fund (AHF) and shall be monitored by the City.
An apartment owner/ property manager shall notify the City or its agent of any available
BMR units and the City and/or its agent shall have fourteen days to provide owner with
an income eligible candidate or candidates. In reviewing each candidate, the owner or
property manager may apply the same tenant selection criteria, such as past performance in
meeting financial obligations and credit references, as those applied to applicants for non -
BMR units on the property, except for those standards relating to income eligibility.
In reviewing each candidate, the owner or propertmanager maygpTly the same tenant
selection criteria, such as past performance in meeting financial obligations and credit
references, as those applied to applicants for non -BMR units on the property, except for those
standards relating to income eligibility Section 5.1) and minimum income (Section 5.1.1)
requirements.
6.3. 44�0rospective Tenant's Previewing of Unit
The City or its agent will coordinate with the apartment owner/ property manager so that a
prospective tenant may view the unit.
6.4. 4.4 -3 -.Executed Lease Agreement
Page 19 of 17
The apartment owner/property manager will provide City or its agent with a copy of the
executed lease agreement.
6.5. 44.4. -Annual Rent Adjustments
Maximum BMR rents will be adjusted annually based on the most recently published HCD
income limits for Santa Clara County per household size and also in accordance with the
California Health and Safety Code Section 50053. The City or its agent will notify the
property owner of the new rental rates. If the owner chooses to raise rents, the tenant must be
given 60 days' notice before any rent increase.
6.6. 44.5-.Owner/Manager Certification
Prior to the rental of the first BMR unit on a property, the apartment owner/property manager
will sign a certification of receipt of these Administrative Procedures with a statement of
intent to manage the BMR units according to these procedures. The sample copy of the
Certification Form is provided as Exhibit 6 of these procedures. Subsequent apartment
owners/ property manager may be asked to sign certifications of receipt of these procedures.
6.7. 44.6 -.Terms of Affordability Covenants
The deed restrictions imposed on each BMR unit pursuant to the program shall remain in
effect for a specified period of 99 years from the date of recordation of the Regulatory
Agreement. Future owners of the property will abide by all of the administrative procedures
and by the conditions in the recorded Regulatory Agreement for the entire period
from date of recordation. To the extent the terms of this Manual and the Re ulg atory
Agreement are inconsistent, the most restrictive term will apply.
6.8. 44.7 -.Terms of Tem-eyLease
BMR tenants will be subject to the same conditions of tenancy as other tenants occupying
the subject property, except for terms relating to occupancy, income eligibility, annual
recertification, and limits on rents. .Each
BMR unit shall be leased under a form of tenant lease approved by the City. The tenant
lease shall, among other matters:
Provide for termination of the lease for failure: (1) to provide any information
required under the Regulatorygreement or reasonably requested by the property manager
to establish or recertify the tenant's qualification, or the qualification of the tenant's
household, for occupancy of the BMR unit, or (2) to income qualify as a result of any material
misrepresentation made by such tenant with respect to the income computation or
certification;
Be for an initial term of not less than one (1) year. After the initial year of
tenancy, the lease may be month to month by mutual agreement of the apartment owner and
the tenant, however the rent may not be raised more often than once every twelve ,12 months
after such initial year. The propertmanager will provide each tenant with at least sixty (60)
days' written notice of any increase in rent applicable to such tenant;
Page 20 of 17
Prohibit subleasing of the BMR unit or any portion of the BMR unit, contain
nondiscrimination provisions, and include the tenant's obligation to inform the property
manager of any need for maintenance or repair;
• Allow termination of the tenancy only for an increase in tenant's household
income above qualifying income or for ,good cause, including violation of the terms and
conditions of the tenant lease, violations of house rules, non-payment of rent, violations of
applicable federal, state, or local law, or other good cause;
Include, at the apartment owner's option, the obligation for the tenant to
provide a security deposit not exceeding two months' rent; and
• Otherwise conform to this Manual.
6.9. 44.8 -.Occupancy Requirements
The property owner/property manager shall notify the City or its agent if it suspects that
there have been any changes to the occupancy of the BMR unit. If the tenant fails to receive
approval from the City for any changes in occupancy, or subleases the property, or fails
to provide the annual occupancy recertification, the tenant shall be in violation of its lease
and will no longer qualify as a BMR tenant.
7.0 Appeal Process
Any person may appeal a decision made under this Manual. The appellant must file a written
appeal with either the Community Development Director (if the program is being
administered by the City) or the Executive Director of any agency administering the BMR
program within 10 days of reeeipt--the date of the decision. The Community Development
Director or the Executive Director, as applicable, will hear the appeal and provide a written
decision on the appeal within 10 days from receipt of the appeal.
The appellant may further appeal the decision of the Community Development Director or
the Executive Director, as applicable, by filing a written appeal with the Community
Development Director within 10 days of reeeipt-the date of the decision. The appeal will be
heard by the City Gotineil a Third -Party Hearing Officer within 30 days from the date of
receipt of the written appeal. The Third -Party Hearing Officer's decision on
the appeal is final.
The rent or sale of any BMR unit at issue in the appeal shall be postponed until a final decision
is reached on the appeal, or until the applicable period for filing an appeal has lapsed.
8.0 "Authority
The City Manager or designee is authorized to sign all documents on behalf of the City that
implement the BMR Program and the policies in this Manual, including without limitation
promissory notes, deeds of trust, resale restriction agreements, and requests for notice.
Page 21 of 17
ELIGIBILITY
PROCE ..
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Gtipet4ine
> CA 95014,
Page 22 of 17
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