CC Resolution No. 18-024 Adopting Amendments to the Policy and Procedures Manual for Administering Deed Restricted Affordable Housing UnitsRESOLUTION NO. 18-024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
ADOPTING AMENDMENTS TO THE POLICY AND PROCEDURES MANUAL
FOR ADMINISTERING DEED RESTRICTED AFFORDABLE HOUSING UNITS
WHEREAS, the City of Cupertino (the "City") has since 1993 implemented an Office and
Industrial Housing Mitigation Program and a Residential Housing Mitigation Program,
described in the Housing Element of the General Plan, requiring the payment of housing
mitigation fees by non-residential development and residential projects with six units or less, and
requiring the provision of moderate-income and median-income housing in developments with
seven units or more (the "Housing Mitigation Program"); and
WHEREAS, the Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units (the "Manual") 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 Manual is to be updated for clarity, to ensure consistency
in review of applications, to reflect policy changes, and to ensure compliance with state and
federal law.
NOW, THEREFORE BE IT RESOLVED that the Manual has been updated to amend certain
provisions as shown in Exhibit A.
BE IT FURTHER RESOLVED that adoption of this resolution is exempt from the California
Environmental Quality Act because the proposed changes to the Manual are not a project, in that
the adoption of the Manual is an administrative activity that will not result in direct or indirect
physical changes in the -environment (CEQA Guidelines Section 15378(b)(5)).
BE IT FURTHER RESOLVED that the City Council hereby approves the amendments to
the Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units
as shown in Exhibit A attached to this resolution.
Resolution No. 18-024
Page2
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 2Qth day of March, 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Chang, Scharf, Vaidhyanathan
None
Sinks
None
APPROVED:
~,# ~ ~-,,Q
Darcy Paul, =;, Grace Schmidt, City Clerk
City of Cupertino
...
394\09\2288897.1
Exhibit 1
Policy and Procedures Manual for Administering Deed Restricted
Affordable Housing Units
(Attached)
394\09\2288897.1
Approved by the City Council
March 20, 2018
Resolution No. 18-024
City of Cupertino Housing
Division Department of
Community Development
10300 Torre Avenue
Cupertino, CA 95014
Voice: (408)777-3251
Fax: (408)777-3330
TABLE OF CONTENTS
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Contents
1.0 Introduction ........................................................................................................................ 1
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
2.5.1. Solicitation of Applicants ........................................................................... 4
2.5.1. Submitting a BMR Waitlist Application Form .......................................... 5
2.5.1. Submitting a BMR Program Application .................................................. 5
2.5.1. Application Fees ......................................................................................... 5
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
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
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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 Li mits ....................................................................................................... 13
5.1.1. Minimum Income Requirements ............................................................. 13
5.1.2. Co-Signers ................................................................................................. 13
5.2. Asset Limit............................................................................................................ 13
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 Waitlist 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 Policy and Procedures Manual for Administering Deed
Restricted Affordable Housing Units
Exhibit 8 BMR Lease Addendum
Exhibit 9 Capital Improvement Request Form
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1.0 Introduction
As required b y Section 19.172.030 of the Cupertino Municipal Code, this M anual establishes
procedures for the on-going administration of the inventory of affordable units, also referred to as
Below Market Rate (BMR) units, created b y the City of Cupertino’s Residential Housing Mitigation
Program. The manual includes pro cedures an d guidelines for prioritizing applicants, evaluating the
eligibilit y 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 m a n a g e r s of rental complexes that contain BMR units. The attached
exhibits and certain portions of this manual will be updated as necessary to comply with regu l atio n s
an d polici es o f t h e U nited S t at es D ep ar tmen t o f H o u s i ng an d Urb a n Dev el o p m e n t (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 P r o g ram 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 responsibilit y 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 Cit y’s Housing Element, zoning, and documents implementing the BMR
program.
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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 Cit y has established a priorit y point placement system that reflects the Cit y’s priorities
regarding placement of households into the limited number of BMR affordable units in the
City. Under the priorit y point placement s ystem, preference is given to applicants who live
and/or work in Cupertino, with an additional priority point awarded to public emplo yees
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; ap plicants 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.
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In addition, applicants who have been displaced from rental housing in Cupertino b y
public or private redevelopment shall receive a priorit y 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 an y famil y 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 disabilit y to meet the
propert y'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 sti ll 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 eligibilit y
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 ma y 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 annuall y. 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 annuall y. 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
priorit y 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 priorit y 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 priorit y 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
priority 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 AMI)
• Moderate Income (up to 120% AMI)
BMR Rental Units
• Very Low-Income (up to 50% AMI)
• Low Income (up to 80% AMI)
Outreach shall be conducted through the City’s website, program brochures, community
workshops, presentations and periodic print media advertising. The Cit y or its agent shall be
responsible for updating the content on the Cit y’s website and distributing program
brochures that are culturall y and linguistically appropriate to the communit y. These
brochures will be available at Cit y H all, the Cupertino Public Library, the Quinlan
Communit y C enter, the Cupertino Senior Center, and other appropriate locations.
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Furthermore, the City or its agent shall conduct outreach efforts through local media that
are culturall y 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
recentl y approved application and administrative fees will be disclosed by the Cit y 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 appl y 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 eligibilit y to remain on the
waitlist.
2.5.6. Applicant’s Right to Refuse BMR Unit
An applicant has two opportunities annuall y 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 emplo yment 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.gov/fdsys/pkg/CFR-2016-title24-
vol1/xml/CFR-2016-title24-vol1-sec5-609.xml
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 propert y, 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 an y 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 eligibilit y. The types of income to be verified and the t ype 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 mo s t rec e nt q u arterl y 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 t ype of
documentation that will be requested.
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Assets Documentation
Checking Account, Savings Account,
Mutual Fund/Money Market
Fund, Certificates of Deposit (C.D.)
Copies of t wo mo st recen t s tateme nt s
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 Ow nership 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 annuall y
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. B M R
ownership program income limits per household size are published annuall y.
• Median Income (up to 100% AMI)
• Moderate Income (up to 120% AMI)
Current median- and moderate-income ranges are available here:
http://www.cupertino.org/our-city/departments/community-
development/housing/affordable-housing-program/bmr-purchase-program
4.1.1. Co-applicants
The Cit y 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 propert y with the applicant, and occup y 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 a s t h e a ppl i can t 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
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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.
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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 Cit y named as an additional insured. The Cit y 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 polic y shall be in an amount equal
to the replacement value of the home. At least ever y 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.
The City or its agent has the right to review occupancy on a case-by-case basis.
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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 an y 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 Bu yer'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 docu ments 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 BM R 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 its 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. The City or its
agent has the right to review occupancy on a case-by-case basis.
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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 annuall y for Santa Clara County, per household size. HCD’s income limits
include the ver y low- and low-income cat egories and income limits are adjusted per
household size. B M R rental program income limits per household size are published
annuall y.
• Extremely Low-Income (up to 30% AMI)
• Very Low-Income (up to 50% AMI)
• Low Income (up to 80% AMI)
Current very low- and low-income ranges are available here: http://www.cupertino.org/our-
city/departments/community-development/housing/affordable-housing-program/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.
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Assets Documentation
Checking Account, Savings Account,
Mutual Fund/Money Market Fund,
Certificates of Deposit (C.D.)
Copies of t w o m o s t recen t st at em ent s
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 an n ual HCD p ubli s h ed in come
lim its 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
propert y 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 annuall y.
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
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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, famil y 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
occu pancy or if the tenant(s) subleases the propert y, the tenant household will no longer be
eligible to occup y 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. The City or its agent has the right to review on a case-
by-case basis.
5.7. Annual Rent Adjustments
Maximum BMR rents will be adjusted annually based on the most recentl y published HCD
income limits for Santa Clara County p er household size and also in accordance with the
California Health and Safet y 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 propert y owner
of the new rental rates. If the owner chooses to raise rents, the tenant will be given a 60 da y
notice before an y 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.
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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. Ter ms of Ten ancy
BMR tenants will be subject to the same conditions of tenancy as other tenants
occup ying the same property, except for terms relating to occupancy, income eligibilit y,
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 Ten ants
All BMR units must be rented to BMR tenants approved b y the Cit y 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 b y the City.
An apartment owner/property manager shall notify the Cit y o r its a g e n t of any available
BM R units and t h e City or its agent shall have fourteen (14) da ys to provide owner
with an income eligible candidate(s). In reviewing each candidate, the apartment
owner/propert y 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 recentl y published HCD
income limits for Santa Clara County per household size and also in accordance with the
California Health and Safet y Code Section 50053. The City or its agent will notify the
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propert y owner of the new rental rates. If the owner chooses to raise rents, the tenant must be
given 60 da ys' notice before any rent increase.
6.6. Ow ner/Manager Certification
Prior to the rental of the first BMR unit on a property, the apartment owner/propert y 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. Ter ms 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. Ter ms 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;
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• 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 qualified 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 Cit y 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.
1
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 5:00pm.
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.
2
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
This Program is not designed to aid emergency or immediate housing needs.
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/
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?
YES/NO
Zip Phone Total # of Household Members:
Total Annual Household Gross $
Income: (Before taxes are taken out)
Estimated Value of Net Assets: $
(Checking, savings, stocks, bonds, and/or
CD accounts)
Have any members of the household been listed on a primary
residential property title, at any time, in the past three (3) years?
Exception made for divorced or legally separated homeowners. Please
indicate if an exception is needed.
Circle One:
YES or NO
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?
If yes, please specify employer, address, & position:
YES or NO
3. 1 Point- Are any members of the household currently employed at
a public agency in the City of Cupertino?
If yes, please specify employer, address, & position:
YES or NO
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
2018 WAITLIST APPLICATION
City of Cupertino – Hello Housing
Below Market Rate (BMR) Program
Please read the Waitlist Instructions before completing.
Current Address Date
City
State
Zip Code
Please note that Head(s) of Household must be an adult (18 years or older).
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Primary Language Primary Language
Household Member Household Member
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Relationship to household Relationship to household
Primary Language Primary Language
Household Member Household Member
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Relationship to household Relationship to household
Primary Language Primary Language
Ownership Application - Page 1
Head of Household & Co-Head of Household
Additional Household Members
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.
Below Market Price (BMR) - Ownership Application
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.
Head of Household Co-Head of Household (If Applicable)
Below, please provide details for the Head of Household and Co-Head of Household.
Exhibit 2
⎕
⎕
⎕
⎕
⎕
I am currently working in the CITY of CUPERTINO - 2 POINTS
BMR Priority Point Questionaire
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.
I am a CURRENT CITYof CUPERTINO RESIDENT - 1 POINT
• Households applying under the priority description RESIDENT shall provide proof of residency in Cupertino.
I have a disability and request an accessible unit when ones becomes available
Ownership Application - Page 2
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
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
I have been displaced from rental housing in Cupertino by public or private redevelopment - HIGHEST
PRIORITY
• A letter verifying your displacement.
Head of Household Co-Head of Household
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Household Member Household Member
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Household Member Household Member
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Ownership Application - Page 3
Economic Profile
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.
Household Assets
Combined Household 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 $
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).
Ownership Application - Page 4
(continued)
(continued)
(continued)
Value of Assets
Demographics (Optional)
Head of Household Co-Head of Household
Race American Indian or Alaska Native Race American Indian or Alaska Native
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 Yes No Female Headed Household Yes No
Marital Status Single Marital Status Single
Married/Domestic Partnership Married/Domestic Partnership
Separated Separated
Divorced Divorced
Widowed 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
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.
Ownership Application - Page 5
Supporting Documentation
A. Proof of Identify: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 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.
1.Dates covered by paycheck:to
2.Dates covered by paycheck:to
3.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 Pension Foster Care
Social Security Alimony Gift letter (if applicable)
SSI Long Term Disability Other (please describe)
OR
Zero Income Affidavit
E. Three (3) most recent Federal Tax Returns OR Verification of Non-Filing Required
P lease 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 Verification of Non-Filing
(if applicable)
F. Three (3) 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.
P lease include statements for ALL OPEN accounts, even if they contain a $0 balance. Check Not Applicable if you do not have such accounts.
Most recent two (2) consecutive Bank Statements
Most recent two (2) consecutive statements for Retirement Accounts (401k, IRA, etc.)
Most recent two (2) consecutive statements for Stocks, Mutual Funds, Profit Sharing accounts
Most recent two (2) statements for CDs, Money Market accounts, etc.
Not Applicable
H. Proof of Student Status Required if applicable
Copy of Current Registration OR an Unofficial Transcript
Not Applicable
I. PreQualification
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.
Ownership Application - Page 6
PreQualification Letter from Lender
Signature Page
Name Name
Signature Signature
Date Date
Name Name
Signature Signature
Date Date
Name Name
Signature Signature
Date Date
Ownership Application - Page 7
Please have each adult, aged 18 and over, in the household print their name, sign, and date this page.
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).
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,
Current Address Date
City
State
Zip Code
Please note that Head(s) of Household must be an adult (18 years or older).
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Primary Language Primary Language
Household Member Household Member
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Relationship to household Relationship to household
Primary Language Primary Language
Household Member Household Member
First Name First Name
Last Name Last Name
Phone Phone
Alternate Phone Alternate Phone
Email Email
Date of Birth Date of Birth
Relationship to household Relationship to household
Primary Language Primary Language
Rental Application - Page 1
Head of Household & Co-Head of Household
Additional Household Members
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.
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.
Head of Household Co-Head of Household (If Applicable)
Below, please provide details for the Head of Household and Co-Head of Household.
Exhibit 3
Below Market Price (BMR) - Rental Application
⎕
⎕
⎕
⎕
⎕I have a disability and request an accessible unit when ones becomes available
Rental Application - Page 2
• A current paystub with Cupertino address or letter of verification from your employer shall serve as sufficient proof.
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
I have been displaced from rental housing in Cupertino by public or private redevelopment - HIGHEST
PRIORITY
• A letter verifying your displacement.
I am currently working in the CITY of CUPERTINO - 2 POINTS
BMR Priority Point Questionaire
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.
I am a CURRENT CITYof CUPERTINO RESIDENT - 1 POINT
• Households applying under the priority description RESIDENT shall provide proof of residency in Cupertino.
Head of Household Co-Head of Household
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Household Member Household Member
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Household Member Household Member
Annual Income (before taxes)Annual Income (before taxes)
From Full-Time Employment $From Full-Time Employment $
From Part-Time Employment $From Part-Time Employment $
From Self-Employment $From Self-Employment $
From Spousal Support $From Spousal Support $
From Child Support $From Child Support $
Investment Income $Investment Income $
Social Security Income $Social Security Income $
SSDI $SSDI $
Income from Assets (e.g. rental income)$Income from Assets (e.g. rental income)$
Other $Other $
TOTAL $TOTAL $
Rental Application - Page 3
Economic Profile
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.
Household Assets
Combined Household 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)
Value of Assets
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).
Rental Application - Page 4
(continued)
Demographics (Optional)
Head of Household Co-Head of Household
Race American Indian or Alaska Native Race American Indian or Alaska Native
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 Yes No Female Headed Household Yes No
Marital Status Single Marital Status Single
Married/Domestic Partnership Married/Domestic Partnership
Separated Separated
Divorced Divorced
Widowed 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
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.
Rental Application - Page 5
Supporting Documentation
A. Proof of Identify: 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 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.
1.Dates covered by paycheck:to
2.Dates covered by paycheck:to
3.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 Pension Foster Care
Social Security Alimony Gift letter (if applicable)
SSI Long Term Disability Other (please describe)
OR
Zero Income Affidavit
E. Most recent of Federal Tax Returns OR 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.”
Most Recent 1040 Federal Tax Return (include ALL pages)or 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.
Most recent two (2) consecutive Bank Statements
Most recent two (2) consecutive statements for Retirement Accounts (401k, IRA, etc.)
Most recent two (2) consecutive statements for Stocks, Mutual Funds, Profit Sharing accounts
Most recent two (2) statements for CDs, Money Market accounts, etc.
Not Applicable
H. Proof of Student Status Required if applicable
Copy of Current Registration OR an Unofficial Transcript
Not Applicable
Rental Application - Page 6
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.
Signature Page
Name Name
Signature Signature
Date Date
Name Name
Signature Signature
Date Date
Name Name
Signature Signature
Date Date
Rental Application - Page 7
Please have each adult, aged 18 and over, in the household print their name, sign, and date this page.
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).
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,
genetic information, medical condition, physical disability or mental disability, or any other category protected by law.
Page 1 of 5
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)Interest, 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);
Exhibit 4
Page 2 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 3 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;
(8)
(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)Incremental 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 4 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 5 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 Instruction
s Step 1: Collect appropriate
income documentation.
Appropriate documentation includes pay stubs, third-party
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
applicant household’s
projected income based
upon documentation.
This calculation must include hourly wage figures, overtime
figures, bonuses, anticipated raises, COLAs, or other anticipated
changes in income. Other specific inclusions must also be
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
of projected income
against current HOME
income limits.
Once the PJ has calculated the household’s income, based on its
selected definition, it must compare the household’s final
projected figure to annual HOME income limits, which are
adjusted according to household size. These limits are posted
online at:
www.hud.gov/offices/cpd/affordablehousing/programs/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 1 of 10
EXHIBIT 5
CITY OF CUPERTINO INCLUSIONARY HOUSING PROGRAM
BUYER'S DISCLOSURE STATEMENT
The City of Cupertino (the "Cit y") 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 b y 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 property. These documents are
enforceable b y 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 Cit y 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 an y 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 k eeping 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.1
1 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 ho w things work and
that they are not intended to represent your specific situation. If you follo w 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 2 of 10
REQUIREMENTS WHILE LIVING IN A 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 occup y 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 Cit y within 30 days, including proof of
occupanc y such as a copy of the most recent mortgage statement, propert y 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 Cit y determines that you have willfully made false statements or misrepresented any facts
on the annual certification, o r 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 ma y only rent the home to a
lower income household, and the rent you may charge is restricted b y the Cit y to an affordable rent,
as defined b y state l aw (approximately 30% of the tenant's household income, less an allowance for
utilities). If you violate these requirements, the Cit y ma y sue to enforce them, and you will owe
the Cit y an y 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 Cit y ma y 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 orderl y condition and to prevent deterioration
Page 3 of 10
of the home. You agree not use or dispose of an y hazardous substances on the propert y, except those
commonl y used on residential properties. You also agree to keep a standard homeowner's insurance
polic y, with the Cit y 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 b y the City. If you hire a contractor to work on your
home, the contractor must be licensed and carry l i abilit y 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 Qualit y 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 b y you from the refinancing. Following refinancing of your first mortgage or the addition
of a junior mortgage, the principal amount of all debt secured b y 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 onl y, 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 an y of the terms of
the Resale Agreement. In other words, the City has the first opportunity to buy your house before
anyone else. The Cit y may also give its option to purchase your house to a public agenc y, a nonprofit
organization, or a person or famil y meeting income and other requirements.
Page 4 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 Cit y must be informed of these transfers, but the Cit y 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 o r ce rtif i catio n o f t r u s t 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 da ys 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 homebu yer 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 wi th the terms
of the Resale Agreement, he or she will be in default under the Resale Agreement, and the City ma y
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 Cit y approval. The Owner’s Notice
of Intent to Transfer must be sent b y certified mail with a return receipt requested or by express
deliver y 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 propert y 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 5 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 bu yer. The City Response Notice will also provide the restricted sales
price amount.
City Exercises Right to Purchase
If the Cit y 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 bu yer 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 Cit y 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 Cit y. 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 Cit y R esponse
Notice; and (3) who will agree to sign resale restriction documents required by the Cit y and to
otherwise cooperate with the Cit y.
Once you find a potential eligible purchaser, you must refer the proposed buyer to the Cit y 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 ( e x 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 Cit y’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 6 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 Count y 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 an y 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 b y 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 b y an
appraiser as worth $3,000 at the time you sell. There is no deferred maintenance.
(a)
(b)
Original Price of Home
Median Income Increases by 16% over
$341,000
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
+ 3,000
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 7 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 b y the Resale Agreement. The value of an y (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 bu yer has obtained an appraisal
that you ma y utilize. The Resale Agreement also allows you and the City to set the fair market value
of your home b y mutual agreement instead of rel ying 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 Cit y 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
famil y 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
bu ying 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 bu yer, then you
must pay to the Cit y an y "Excess Sales Proceeds" that result from the sale of your house. For
example, if you do not s ell your home to the City or to an eligible purchaser, but to someone else
for market value, then you will owe the City an y "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 bu yer exceed the Maximum Restricted
Resale Price for the home. Another way to put it is the following:
Gross Amount of Money the New Bu yer Paid for the House
Page 8 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 Cit y R esponse 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 b y 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 REQUIREMENTS
If you violate an y 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 equit y loan, you would also be considered to be in default under the Resale Agreement. If
you do not correct the violation, the Cit y 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 Cit y documents, which may
result in a foreclosure on your home.
The City ma y 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 occupanc y of the unit b y 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 9 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 Cit y for an y rent that was collected in excess of that allowed b y 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, especiall y b y not living in the BMR unit, the City ma y exercise its option and
force the sale of the BM R 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 Cit y 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 10 of 10
Signature Page
Please sign this Bu yer's Disclosure Statement in the space provided below, keep a signed
cop y 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 Bu yer'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 famil y 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 equit y loans are restricted.
5. I must contact the City of Cupertino before any sale or refinancing of the propert y and
before receiving a home equity loan. An y sale or refinancing or home equity loan must be
approved b y the Cit y.
6. I must live in the home. I cannot lease or rent it unless approved by the Cit y for hardship.
7. The City has the right to buy m y 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.
By:
Signature of Bu yer
__________________________________
Print Name of Buyer
1
HOUSEHOLD MEMBERS - List below all persons who live in the unit.
Household Member Age Relationship to Head of Household
`
Instr uctions to BMR Renter and Property Manager: Please complete this form and return,
along with a copy of the updated lease agreement, to Hello Housing.
Property Name: _______________________________________________________________
Property Owner: ______________________________________________________________
Address of BMR Unit: ___________________________________________________________
Head of Household Name: ______________________________________________________
Co-Head of Household Name(if applicable): ________________________________________
Exhibit 6- City of Cupertino Hou sing Mitigation Program
BMR RENTER OCCUP ANCY CERTIFICATION
Criminal and Administrative Actions for False Info rm ation
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 _____________________________(print name) hereby certif y to the
City under penalty of perjury that I and all of the Household Members listed above occup y
t he rental unit located at __________________________________________________(print
address) as my/our principal place of resid ence and that I/we have occupied the Premises
for at least 10 months of the previous year. I further certify that there are no additional
occupants residing in the unit.
2
Return this completed form either by email, fax, or mail as follows:
Email: brook@hellohousing.org
Fax: (415) 813-6113
Mail: Hello Housing – City of Cupertino BMR Rental
1242 Market Street, 3rd Floor
San Francisco, CA 94102
City of Cupertino Housing Mitigation Program
Signature of Household Adults:
1.___________________________________________
2.___________________________________________
3.___________________________________________
4.___________________________________________
Date:
__________________________
_________________________
__________________________
__________________________
BMR RENTER OCCUPANCY CERTIFICATION
TO BE COMPLETED BY THE PROPERTY O WNER OR MA NAGER
By signature below, I __________________________________________________(Print
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 or Manager: Date:
___________________________________________ __________________________
___________________________________________
(Company Name)
Exhibit 7- City of Cupertino Housing Mitigation Program
Certification 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 (BMR Manual) for the City of Cupertino’s Below Market Rate
(BMR) Housing Mitigation Program. Further, the undersigned understand that the BMR Manual
requires compliance with the requirements described in the Procedures.
Development Name: ____________________________________________________________
Site Address: __________________________________________________________________
Property Owner Co-Owner
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Date
_________________________________
Signature
_________________________________
Printed Name
_________________________________
Date
___________________________________________________________________________
Signature
___________________________________________________________________________
Printed Name
___________________________________________________________________________
Date
Property Manager or Owner’s Managing Agent
1
EXHIBIT 8-
BELOW MARKET RATE (BMR) ADDENDUM TO LEASE CONTRACT
Date of Lease Contract: Unit Number:
Address:
Resident(s) name(s)
This Below Market Rate Addendum (“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 individually and collectively referred
to herein as “Resident”) 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
BMR Addendum. To the extent that the terms of this BMR Addendum conflict with those of the Lease, this Addendum shall
control.
1. 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 Below Market Rate Rental Program (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, as such limits are defined by the Agreement and/or BMR Program Policies and
Procedures Manual, and meets the specific eligibility and occupancy requirements established for the Premises.
3. 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 Policies and Procedures 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 Owner.
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. Inspection of Premises and Conformity with BMR Program Manual. Resident hereby affirms the City’s authority to
conduct, or have conducted by its Designee, reasonable inspections of the Premises and to take any actions otherwise
necessary to conform to the BMR Program Policy and Procedures Manual.
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8. Termination. The Lease may only be terminated for one or more of the following reasons: (a) failure of Resident to
qualify as eligible under the BMR Program due to misstatements or omissions of fact in the Resident’s application or any
certification forms; (b) failure to provide any information required reasonably requested by the City or its Designee to
establish or recertify Resident and Resident’s household as eligible under the BMR Program; or (c) for good cause,
including violation of the terms and conditions of the Lease, violations of applicable federal, state, or local law, or other
good cause.
9. Notice of Rent Increases. Rent may not be raised more often than once every twelve (12) months. Owner will provide
Resident with at least sixty (60) days’ written notice of any increase in rent under the Lease.
10. Subleasing Prohibited. Resident understands and hereby agrees that subleasing of the Premises or any spaces reserved
for the use of the Resident or Resident’s household is prohibited.
11. Maintenance or Repairs. Resident hereby agrees to inform Owner within twenty-four (24) hours of any need for
maintenance or repair of the Premises or any spaces reserved for the exclusive use of the Resident or Resident’s
household.
12. Security Deposit and Initial Term. Any security deposit required by the Lease shall not exceed an amount equal to two
(2) months’ rent, based on the amount of monthly rent set forth for the initial Lease term, which shall be one year.
13. Nondiscrimination. Owner does not discriminate against persons on the basis of race, color, religion, sex (including
pregnancy, childbirth, medical conditions related to pregnancy or childbirth, and gender), sexual orientation, marital
status, national origin, ancestry, familial status, source of income, medical condition, physical condition, mental or
physical disability, physical appearance unrelated to the responsibilities of a tenant, or perception of any of the foregoing.
14. 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 the 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.
15. 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.
[Signatures on following page]
[Signature Page to BMR Lease Addendum]
The undersigned certifies that he/she/they has read and understood the above-provisions of this BMR Addendum and agrees to
abide by its terms.
RESIDENT:
Resident Signature
Print Resident Name Date
Resident Signature
Print Resident Name Date
Resident Signature
Print Resident Name Date
Resident Signature
Print Resident Name Date
Resident Signature
Print Resident Name Date
Resident Signature
Print Resident Name Date
OWNER OR OWNER’S REPRESENATATIVE (signing on behalf of owner):
Signature
Print Name Date
Title/Position
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I hereby request City approval of the following capital improvements I intend to make to
my Premises:
Description of Improvements:
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
From:_____________________________________________________________ (“Owner”)
Premises Address: ___________________________________________________ (“Premises”)
Date: _____________________________________________________________
Exhibit 9- City of Cupertino Below Market Rate Housing Program
CAPITAL IMPROVEMENT REQUEST FORM
Estimated Cost: $ __________________ Original Purchase Price: $ __________________
A copy of the building permit (if required) is attached
Proposed Improvements must cost at least Two Thousand Dollars ($2,000) and must be
approved by the City in writing prior to construction. Please see Exhibit A (attached) for a list of
Eligible Capital Improvements.
Owner should retain copies of contracts, invoices, and receipts for all completed capital
improvements. These documents will be necessary to establish the Maximum Restricted Resale
Price of the Premises upon subsequent transfer.
You may submit this information either by email, fax, or mail as follows:
Email: brook@hellohousing.org
Fax: (415) 813-6113
Mail: Hello Housing – City of Cupertino BMR Rental
1242 Market Street, 3rd Floor
San Francisco, CA 94102
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City of Cupertino Below Market Rate Housing Program
ELIGIBLE CAPITAL IMPROVEMENTS
• Remodels and room additions (including decks and porches)
• New or upgraded landscaping, irrigation, sprinkler system
• Hardscape such as pavement, block or retaining wall, patio
• Fencing
• Storm windows, doors
• New roof
• Upgraded wiring, plumbing, duct work
• New furnace, water heater
• Built-in appliances
• New flooring or wall-to-wall carpeting
• Upgraded insulation
• Countertops
• Cabinets
• Solar Panels
Exhibit A