Property Management PERMANENT SUPPORTIVE HOUSING - The Florida Housing Finance Corporation - Florida Housing Coalition
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PERMANENT SUPPORTIVE HOUSING Property Management GUIDEBOOK SPONSORED BY: PRESENTED BY: The Florida Housing The Florida Housing Coalition Finance Corporation June 2018
INTRODUCTION...............................................................................................................................2 PART I: Planning a Permanent Supportive Housing Community...............................................................3 Choices and Decisions Rehabilitation or New Construction Rehabilitation Capital Needs Assessment New Construction Property Characteristics Size and scale of property Target population Ownership and Management Structure Property Management: In-house or Outsource? Safety and Security Considerations Building Consensus, Support, and Momentum Board of Directors Support Service Providers Local government leadership, planning and housing staff The Development Team The Technical Advisor PART II: Developing a Permanent Supportive Housing Community........................................................11 Predevelopment Selecting a Co-Developer Site Location Criteria Areas of Opportunity Proximity Considerations Due Diligence Process for Site Selection Market Analysis Legal Consultation Financing Process Credit Underwriting Funding Award and Initial Closing Construction and Lease-Up Project Stabilization and Final Closing Period of Affordability Compliance Monitoring Regulatory Agreement / Land Use Restriction Agreement PART III: Managing and Operating a Permanent Supportive Housing Development...............................18 The Property Management Plan Staff Organization Organization Chart Property Management Policies Leasing Policies Maintenance and Repair Policies Operating Procedures Operation in Compliance with Financing Requirements Operating Budget and Reserves Set-asides and Unit Mix PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGEMENT GUI D EBO O K
Income Limits Rent Limits Rental Assistance Utility Allowances Tenant Eligibility Financial Management Fair Housing General Fair Housing Requirements Marketing Reasonable Modifications and Reasonable Accommodations Affirmative Fair Housing Marketing Plan Support Services Administrative Procedures Compliance Monitoring Reporting Requirements Record Retention and Access Staff Training PART IV: Support Services in Permanent Supportive Housing...............................................................28 Introduction Separation of Property Management and Support Services Voluntary Service Provision Service Provision Models Contracting Support Services Training and Competencies in Support Services Funding for Support Services Documentation and Privacy Issues APPENDIX I: Resources...................................................................................................................34 APPENDIX II: Glossary.....................................................................................................................35 APPENDIX III: Due Diligence............................................................................................................37 APPENDIX IV: Property Management Plan Template...........................................................................39 FLORIDA HO U S I N G COA L I T ION | WWW. F L HO U S IN G.OR G
WHAT IS Permanent Supportive Housing? Permanent supportive housing (PSH) is an evidence-based hous- ing model that combines affordable permanent housing with access to flexible supportive services. Supportive housing is de- signed for people with disabilities who are unlikely to be able to maintain stable housing without service-enriched housing. This combination of affordable housing and individualized support services helps individuals live healthier, more stable lives. Typically, supportive housing is rental housing with a standard lease. The PSH apartments may be scattered through the community in mainstream apart- ment complexes or may be project-based rental units in one or more devel- opments. In some cases, permanent supportive housing apartments are set- aside units in larger affordable subsidized housing complexes. Combined with the rental housing are the individualized, flexible, and acces- sible supportive services. These services may vary widely and often include case management, health care coordination, behavioral health coordination, job and education coaching, assistance with daily living skills, transportation assistance, and assistance accessing mainstream resources such as food as- sistance and disability income. Permanent supportive housing for those with disabilities not only saves lives and provides a platform for health and wellness, it also results in cost savings to public service systems. PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 1
Introduction Affordable housing development begins with an idea or, for some, a vision. Bringing that vision to life starts with exploring choices, making decisions, and taking action. The same can be said about the permanent supportive housing (PSH) model. Permanent supportive housing is often more deeply affordable than general affordable hous- ing and offers a permanent private residence in which to thrive – a very different, and much more effective, approach as compared to a congregate setting, an institution, and or an emergency shelter. The idea or vision for PSH includes not only stable and helpful for those who may be developing or operating affordable housing, but the supports needed to main- PSH without FHFC financing because the basic tenets tain housing stability for a lifetime. The visionaries who of good management and quality support services ap- strive to become developers and operators of perma- ply to any PSH project or program. nent supportive housing have a special challenge to not This guidebook describes the steps and milestones only make the home a reality, but to integrate the com- required to bring the initial concept of permanent munity-based supportive services needed by house- supportive housing to successful development and holds with disabling conditions who tend to have expe- sustainable operation. The ultimate goal, of course, is rienced housing instability or homelessness. to position your project to provide a permanent resi- The primary purpose of this guidebook is to provide dence for people who have faced serious challenges a tool to assist you in the operation and maintenance in finding a home that meets their needs for accessibil- of permanent supportive housing, including basic ity, affordability, and supports. management operations, as well as the coordination The guidebook was prepared by the Florida Housing and delivery of support services. Part I of this guide Coalition, a statewide nonprofit organization whose is focused on the advance planning of a permanent mission is to bring together housing advocates and re- supportive housing project-based multifamily devel- sources so that all Floridians have a quality affordable opment. Part II focuses on predevelopment and de- home and suitable living environment. The Florida velopment activities to build a quality project-based Housing Coalition provides training, consulting, and PSH development. In Part III, we highlight the oper- technical assistance services in permanent supportive ating and property management approaches and ac- housing, as well as in community development, ending tions that qualify the PSH project property for afford- homelessness, affordable housing, and much more. able housing development financial assistance. Part IV Contact us if you have questions or stories to share! rounds out the PSH project framework by providing an overview of how to integrate into the project the sup- Permanent supportive housing links decent, safe, af- port services needed – those that will enable tenants fordable, community-based housing with flexible, vol- with histories of housing instability or homelessness to untary support services designed to help the house- achieve housing stability and wellness, even while liv- hold stay housed and live a more productive life in the ing with disabling conditions. community. It looks and functions much like any other brand of housing. People living in supportive housing This guidebook is sponsored by the Florida Housing have a private and secure place to make their home, Finance Corporation (FHFC) to help applicants for de- just like other members of the community, with the velopment financing to understand FHFC’s policies and same rights and responsibilities. The difference is that regulations governing program design, operation, and they can access, at their option, services designed to compliance for permanent supportive housing. While build independent living and tenancy skills, assistance applicants for funding may include for profit and non- with integrating into the community, and connections profit organizations, or joint ventures between both, to community-based health care, treatment, and em- the guidance is primarily directed to the nonprofit, mis- ployment services. (USICH) sion-based organization. The guidebook will also be 2 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HOU S IN G.O R G
PART ONE Part I Planning a Permanent Supportive Housing Community Choices and Decisions • Is it right for our organization? As an organization contemplates the possibility of de- • Will this project further the mission, vision, and veloping and operating permanent supportive hous- strategic plan of our organization? ing, it is helpful to begin with a framework for exploring • Does our organization have the time, capacity, the project concept and consider the overall process of and resources to launch a development project? making initial decisions through the development pro- • Is there a clear picture of the need and demand cess. It is important to understand the complexity of this for the type of housing being considered? type of housing, including the long term legal, financial, • Can the project be built as designed and be op- and operational obligations that are involved. erated with the intended rent levels expected from the intended residents, or will fundraising This section outlines the choices and decisions that and grantwriting be required as a permanent ac- are followed by pre-development, development and tivity to successfully operate the housing? If the management of permanent supportive housing. The latter, does our organization have the capacity to development of affordable housing is a complex and ensure success in those arenas? time-consuming process. It is essentially multifamily real • What specific type of project would be appro- estate development, made more complicated by the priate for our organization and most compatible many strings attached from the source(s) of financing with our mission? and regulatory constraints. • A single site project such as an apartment complex? The graphic below shows the general sequence of the • Scattered site housing such as geographically development of affordable housing, from concept to dispersed individual units detached or attached, lease up and operation. that are leased with rental or other subsidies? • Unit set-asides in an affordable housing proj- The initial decision to pursue the development and opera- ect where the owner designates a specific tion of permanent supportive housing is contingent upon number of units for persons with disabilities or the consideration of several basic but essential questions. special needs? o Conceptual Vision The Development o Site Selection o Programming/Preliminary Design o Funding Application PROCESS o Credit Underwriting o Funding Award and Initial Closing o Construction and Lease-Up o Project Stabilization and Final Closing o Project Operation and Program Compliance PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 3
PART ONE While the residence type may vary, the common element • How will the community respond to the planning in permanent supportive housing is independent living and construction of the project? with voluntary supports that are not provided by the • Who will be the development team? Do the property manager. Permanent supportive housing does team members have experience in developing not include shelters, transitional housing, group homes, the type of project under consideration? assisted living facilities, any other congregate setting, or other specialized licensed residential facilities. Rehabilitation or New Construction There are many other elements that require decisions Rehabilitation during the conceptual phase of a permanent support- In some cases, an organization may have access to an ive housing project. These additional considerations, existing property. Once the concept is fully explored, along with an assessment of available resources and it must be determined if that property is suitable for the opportunities, will shape the outcome of the project. project in mind. The age, condition, and configuration of the property • Will this be new construction or acquisition and must be carefully considered. A capital needs assess- rehabilitation of an existing structure? ment will probably be required by funding sources if • What is the size and scale of the property? the organization is considering rehabilitating an exist- • What are the locational criteria for the project? ing building. Whether by donation or purchase, exist- • Who is the target population? ing buildings must be thoroughly inspected. • What are the roles of the principals (i.e., owner, General considerations include the following. developer, manager, or a combination)? • Is the building location optimal to serve the needs • How will we ensure safety and security of the of the residents? residents and staff? • Is the rehabilitation cost effective when • Will property management be performed in compared to either demolition and house or will a third party professional property reconstruction or acquisition of a new site and management company be engaged? new construction? • How will the project support the intended population? While the residence type may vary, the common element in permanent supportive housing is independent living with voluntary supports that are not provided by the property manager. Permanent supportive housing does not include shelters, transitional housing, group homes, assisted living facilities, any other congregate setting, or other specialized licensed residential facilities. 4 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HOU S IN G.O R G
PART ONE The table below describes the specific considerations that should be made for acquiring and rehabilitating an existing building. Considerations for Existing Buildings as Suitable for Permanent Supportive Housing Development ENVIRONMENTAL Pre-1978 buildings may have asbestos or lead based paint on site. Hazardous materials in construction Testing and remediation will be required. This should be done at the or vicinity including soils. Water and outset of the due diligence process to determine if there will be a air quality, noise or light pollution. severe cost impact or delay. STRUCTURAL CONDITION The Capital Needs Assessment will entail examinations by an Foundation, interior structure, exte- engineer who must evaluate the condition of the building including rior coverings, roofing, doors, and code violations or upgrades that will be required. windows. MECHANICAL SYSTEMS The Capital Needs Assessment process will evaluate the age esti- Heating, air conditioning, ventilation, mated useful life of mechanical systems. The report should include ductwork. a replacement analysis that is tied to capital reserves set aside for future repairs or replacement. ENERGY EFFICIENCY & RESILIENCY Existing buildings should be tested for energy efficiency in the Utilities costs affect both tenant and equipment and building envelope. A blower door test or other landlord. Consider renewable energy techniques indicate the treatments required to optimize energy and wind-hazard mitigation. efficiency. HISTORIC PRESERVATION The rehabilitation of designated historic structures can require ad- Historic buildings have significance at ditional review and approval as well as rehabilitation methods that the local, state or federal level. They protect and respect the integrity of the resource. add to the character and ambience of a neighborhood and possess unique architectural features that are desir- able and aesthetic. SECURITY The site itself and the surrounding area should be considered for security features to provide safety for a vulnerable population. PAVING AND DRAINAGE The site should be evaluated for the efficiency of drainage systems on and immediately offsite. Existing paving and curbing condition should be considered for replacement. CODE COMPLIANCE Determine if the use of the property is compliant with current codes and if the structure and property configuration conform to current codes. ADAPTIVE REHABILITATION When converting from a non-residential use to a residential use, be aware of life safety code variations, the suitability of the building for housing, and the experience of the development team in the com- plex process of adaptive re-use. ACCESSIBILITY Existing buildings may not provide accessibility features critical in serving persons with disabilities. The renovation must meet and pos- sibly exceed ADA standards to serve the needs of the intended resi- dents. Rehab projects financed by FHFC are required to conduct an ADA compliance analysis. PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 5
PART ONE Capital Needs Assessment ings that are 1, 2, or 3 stories with or without an eleva- A Capital Needs Assessment (CNA) is prepared fol- tor. A mid-rise is from 4 to 6 stories, while a high-rise is 7 lowing an inspection of the property and results in a or more stories. In both a mid-rise and high-rise, an ele- written evaluation of the property condition. The study vator is required in each building. There are also smaller provides a minimum cost estimate for items requiring scale options that could include single scattered site immediate attention. In addition, the study should pro- properties, duplexes, triplexes, or quadraplexes. vide a schedule for the costs of future replacement of Many developers choose to have mixed uses on site, mechanical systems so that reserve accounts can be such as commercial space or services on the ground floor capitalized both at the time of completion and during with residences above. It is also possible to choose to in- operation. All rehabilitation projects to be financed by clude mixed incomes (i.e., a certain percentage of units FHFC require a CNA. for those with moderate incomes and the remainder for The plan should address the following issues. low income households). Mixed income developments • Analysis of structural components can provide the property owner higher rental income • Health and safety issues and further the goal of integrating those with special needs into the mainstream. The development of a mixed • Accessibility features and deficiencies income community requires flexible financing to be able • Environmental hazards to serve both very low and higher income residents. • Remaining useful life of mechanical systems and major structural components Whether large or small, high-rise or garden, scattered site or an apartment complex, it is important that the New Construction setting be integrated into the community. Residents Most financing for the development of permanent sup- should not be segregated or concentrated. While the portive housing tends to favor new construction. New- housing itself has safety, affordability and accessibility, ly built properties typically result in lower maintenance residents should also have easy access to the commu- and capital costs, as well as higher energy efficiency. nity for employment, recreation, education, shopping, Further, accessibility features are part of the design and services, and worship. can include the latest in assistive technology. The number of units and the unit size are also important Considerations for new construction include the to consider in the conceptual stages. To some degree following. the number of units and unit sizes are a reflection of the • Has it been determined that there are no existing type of supportive housing contemplated. For exam- properties available that would be suitable for ple, if the target population is persons who have expe- the project under consideration? rienced chronic or long-term homelessness and have • Is land available that would be readily prepared a disabling condition, then a larger scale project with for the intended use? one-bedroom units might be the best configuration. • Does the development team have experience in Housing that will serve adults with developmental dis- new construction of affordable housing? abilities may consider a shared living model with one, two, and three-bedroom units with space for a live-in Property Characteristics caregiver. Scattered site single family homes may be a Size and Scale of Property good choice for supported independent living for fam- There are many choices when considering the size and ilies with special needs. scale of a permanent supportive housing project. A project with fewer than 30 units is considered small, Target Population while 30 to 60 units would be medium, and more than Permanent supportive housing may serve a relatively 60 would be large. The most common configuration is broad spectrum of residents. The common element “garden style,” which may include one or more build- is that supportive housing serves households who 6 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HOU S IN G.O R G
PART ONE (1) are low income and (2) have special needs that with disabling conditions requiring support services to such that the household requires support services remain stably housed, and may be focused on a special to remain stably housed. People who are moving subpopulation, as follows. out of homelessness and have disabling conditions People living with special needs or disabling condi- generally fall into the very low-income or extreme- tions may include a target subpopulation, such as: ly low-income category. If a household has not yet • People moving out of homelessness been awarded disability support income, they may have no income at all. • Survivors of domestic violence • Seniors Housing that costs no more than 30 percent of house- • Foster youth aging out of the child welfare hold income for low income persons is often not avail- system able outside of public housing. For example, a person • Veterans whose sole income is $750 from Supplemental Security Income (SSI) would typically have to spend 100 percent Ownership and Management Structure of their income on housing in the private market and still The developer must consider the ownership structure might not have access to the supports needed to main- it will form. The development of affordable housing tain stability in the community. often requires a combination of team members, each of whom brings specialized resources essential to the As with the locational considerations, the developer success of the project, both in completion of develop- must evaluate financing choices and make decisions ment and long-term operation. Affordable permanent based on the population it will serve. Most organiza- supportive housing is subsidized by public and private tions have one or more target populations defined with- sources each with expectations on the compliance and in their mission, vision, and core values statements. The sustainability of operations. target population should comprise those who are living PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 7
PART ONE There are four primary roles comprising the team: According to the FHFC (Florida Nonprofit Organization as Owner. The nonprofit owner may pro- Housing) Compliance Guide- vide land, equity, development oversight, and community good- book, it is the owner’s responsi- will. An experienced high-capacity nonprofit may not only be the bility to obtain Florida Housing’s owner, but also the developer, property manager, and provider of approval for the management supportive services, or any combination of those roles. company selected to manage the Developer. The developer is responsible for securing financing, development. This requirement credit underwriting, construction oversight, and completion. The is in addition to the review of the developer may remain in the project as a co-owner or investor. management company informa- tion by the credit underwriter. Property Manager. The property manager takes responsibility for The owner shall advise the Asset marketing the property, lease-up, move in, move out, rent collec- Management Staff of Florida tions, evictions, accounting, supervision of maintenance, routine Housing of any change in the reporting to owner, compliance, and monitoring. The property owner’s selection of a manage- manager may be a contracted third party or may be a division with- ment company; any such new in the ownership structure. management company shall be approved by Florida Housing pri- Support Services Provider. While it is sometimes the case that the or to the firm assuming responsi- owner also takes responsibility for support services, it is more often bility for the development. true that the owner relies on third party service providers to work directly with residents to ensure they have access to services. Even The management company and when most services will be provided by third parties, a support ser- all on-site personnel are respon- vices coordinator should be on the staff of the owner. sible to the owner for imple- Property Management: In-House or Outsource? menting the applicable Regu- The ongoing success of any affordable housing property is directly re- latory Agreement and program lated to the quality of its property management services. Permanent requirements correctly. Anyone supportive housing projects that receive financing from FHFC have who is authorized to lease apart- strict requirements for experienced property management. FHFC re- ment units to residents shall be quires the preparation of a Management Plan that identifies the role thoroughly familiar with each of the property manager and the role of support coordinators. As dis- federal and state law, rule, or cussed in more detail later, permanent supportive housing requires a regulation governing certifica- separation between property management and the provision of sup- tion and leasing procedures. It is port services. This distinction is important and must be designed into also important that the manage- the management plan with routine reviews. ment company provide infor- mation, as needed, to Florida Developers and owners who are just getting started in this arena will be Housing and submit all required required to hire an outside qualified property management company. reports and documentation in a In Florida, third party professional property management requires a Real timely manner. It is recommend- Estate Brokerage license. FHFC requires a property manager to have ed that a management company managed at least two properties similar in size and type as the proposed representative attend Man- permanent supportive housing project. As the entity gains experience, agement Reviews and Physical the owner may bring management in-house if approved by FHFC. In- Inspections conducted by the house management by the owner does not require a brokerage license. monitoring agent. (Section 2.3) The choice to manage in-house will depend on the availability of qualified staff and a strong web-based property management tracking program. 8 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HOU S IN G.O R G
PART ONE According to the FHFC (Florida Housing) Compliance Safety and Security Considerations Guidebook, it is the owner’s responsibility to obtain The safety and security of residents is of utmost impor- Florida Housing’s approval for the management com- tance in the management of supportive housing. De- pany selected to manage the development. This re- pending on the size of the property and characteristics quirement is in addition to the review of the manage- of the residents, security can be handled in a variety of ment company information by the credit underwriter. ways. A professional security analyst should be asked to The owner shall advise the Asset Management Staff of provide a plan with the type of systems recommended. Florida Housing of any change in the owner’s selection It is important to include the anticipated costs of securi- of a management company; any such new management ty in the operating budget estimates. Security methods company shall be approved by Florida Housing prior to may include any of the following, or other options. the firm assuming responsibility for the development. • Remotely monitored cameras The management company and all on-site personnel are • On-site 24-hour monitoring of camera feeds responsible to the owner for implementing the applica- • Locked entrance with attendant ble Regulatory Agreement and program requirements • Unattended locked entrance correctly. Anyone who is authorized to lease apartment In addition, each apartment should have security fea- units to residents shall be thoroughly familiar with each tures that would be appropriate to ensure the unit is federal and state law, rule, or regulation governing cer- safe and accessible. tification and leasing procedures. It is also important that the management company provide information, Building Consensus, Support, and Momentum as needed, to Florida Housing and submit all required Once the organization has settled on a basic concept, reports and documentation in a timely manner. It is rec- it is important to gain confidence in the overall feasibil- ommended that a management company representative ity of the concept so that it can be further defined. The attend Management Reviews and Physical Inspections development of permanent supportive housing does conducted by the monitoring agent. (Section 2.3) not happen simply as a result of a building sketch and The property manager must be knowledgeable and raising some money. There are dozens of relationships capable of being responsible for the following basic that must be cultivated and maintained to bring all of requirements. the pieces together to accomplish the stages of devel- opment and operation. • Marketing • Application intake, with support coordinator Board of Directors assistance to applicants as appropriate The development of permanent supportive housing re- • Income qualification and annual re-certification, quires an informed board of directors that has reached if required by financing source a consensus on the concept and the decision to move • Move-in and move-out procedures forward. Board members should be invited to participate • Eviction procedures consistent with Florida law in the concept development phase and understand their (F.S. Chapter 83) role going forward in guidance and direction. The board • Maintenance of buildings, grounds, and com- should also be kept apprised of all activities and provid- mon areas ed routine reports and updates. Many of the engage- • Accounting ments that will be required in planning and financing the • Tracking and reporting for annual monitoring development will require a board resolution in approval. • Annual inspection of units, with assistance from Support Service Providers support staff as appropriate It is important to inform and seek input from the network • Monitoring schedule and compliance with of appropriate support service providers and, if target- financing requirements PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 9
PART ONE ing those moving out of homelessness, the Continuum The Development Team of Care. The successful management of the housing will The formation of the development team should start depend on the availability of support services to help early in the process. If your organization is not expe- tenants stabilize housing and achieve goals of health rienced in development of this type, you will need an and wellness. This topic is covered in more depth in experienced co-developer. Other members of the team Part IV of this guidebook. include the architect, engineer, general contractor, and attorney. The development of affordable housing Local Government Leadership, Planning and should be led by a project manager responsible for as- Housing Staff sembling a team of professionals bringing experience Housing is a community asset that is locally based. Public and expertise in their respective fields. For example, support of housing developments is tied to the problems projects financed with low income housing tax credits they solve and the scope and quality of proposals. It is or SAIL funding will be required to have a development critical to begin early to meet with several stakeholders in team that already has experience with these funding the public sector to inform and to receive input. At some mechanisms. The members of the development team point a project may require a public hearing for zoning or include the following. funding, for example, and in those cases the importance • Project Manager of having made these connections is amplified. • Developer Many affordable housing projects are also eligible for • Appraiser/Market Analyst local government funding. It is important to undertake a • Architect/Engineer/Surveyor review of important local government documents such • General Contractor as the Consolidated Plan, the Local Housing Assistance • Consultant Plan, and the Housing Element that is part of the Com- • Legal Team prehensive Plan. These documents will help inform if • Financing Partners the project fits within the local community affordable • Property Manager/Real Estate Agent housing plans. After reviewing the documents, meet with your local The Technical Advisor government’s housing staff to determine the eligibil- As early as possible, it is important to communicate with ity of your project for various funding programs, as a technical advisor who has expertise in the develop- well as development incentives, application proce- ment of permanent supportive housing. The Florida dures, and critical deadlines and timeframes. It is im- Housing Coalition’s technical assistance team has this portant to convey to the housing staff that the project expertise and can provide guidance throughout the en- will meet a demonstrated need for permanent sup- tire process. Applicants for the Predevelopment Loan portive housing, and that the proposed project will Program (PLP), administered by the Florida Housing be designed and operated to comply with program Finance Corporation, will be assigned a technical as- rules and regulations. Housing staff may have valu- sistance provider to assist in forming the development able suggestions on adjusting the concept to ensure plan and financing structure that are critical in the pre- eligibility for housing programs and fit within their development phase. PLP is described further in Part II. available funding sources. Access the Predevelopment Loan Program at FHFC at: http://www.floridahousing.org/programs/ special-programs/predevelopment-loan-program 10 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HO U S IN G.OR G
PART TWO Part II Developing a Permanent Supportive Housing Community Predevelopment experience of a co-developer allowing them to eventu- The predevelopment stage spans the time from con- ally develop more projects on their own. cept development to ground breaking. This phase The selection of a development partner for permanent should not be rushed because spending quality time supportive housing follows the same track as other on predevelopment activities will save time, money, types of housing, but there are some additional consid- and heartache during development. It is not uncom- erations. A Request for Qualifications may be the best mon for the predevelopment phase to take longer way to systematically consider and evaluate potential than the overall financing and construction phase of developers. If interested in a developer, it is instruc- the project. tive to visit the developer’s projects and talk with their During the predevelopment process the development previous clients and funders. Seek to learn if they have team is selected and begins to take action by selecting completed projects on time and within the budget. De- a site and designing the project. In this formative stage termine if their previous nonprofit partners were active there are opportunities to shift direction, choose a dif- participants, both financially and during the develop- ferent site, or stop the process altogether. Once financ- ment process. Also consider if the type of housing they ing and credit underwriting are underway, however, it is have produced is similar to the concept desired (e.g., much more difficult to make substantial changes. renovating single family homes is different from new construction of a multifamily rental complex). The Predevelopment Loan Program (PLP), which is ad- ministered by the Florida Housing Finance Corporation, The checklist below provides some questions to con- is an excellent way to borrow low interest funds to pay for sider when vetting possible co-developers. many of the expenses incurred during predevelopment. • Experience Often, nonprofit organizations do not have the funding available to pay for these expenses in this stage, and the • Is your project the type of project in which this developer specializes? PLP provides the financing and technical assistance to guide the organization through the process. • Does the developer deliver a quality product? • What is the developer’s reputation? Among It should be noted that it is not a bad thing to terminate a former nonprofit partners? Funders? Credit project in the predevelopment stage if it has been deter- underwriters? mined that the project was not feasible, the organization • How many projects have they created and where? did not have the capacity to execute the project, or the • Resources site had issues that could not be corrected or mitigated. • Do they have appropriate financing? How strong is their balance sheet? Selecting a Co-Developer Many organizations that aspire to develop permanent • Do they have sufficient liquidity? housing do not have experience in the financing and • Do they have appropriate and sufficient staffing? development of housing, nor in the management of • What other projects do they have in process rental property. In these cases, predevelopment would or in the pipeline? likely entail forming a partnership with an experienced • Are they well-connected? developer who can take responsibility for the many re- • Consider compatibility of mission with Co-De- quirements ahead. The nonprofit may benefit from the veloper partner PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 11
PART TWO • Is the developer a for-profit or nonprofit entity? services, educational institutions, employment oppor- • Do they prioritize good design features tunities, medical and support services, shopping, and such as natural light, balconies, gardens, recreational amenities. and amenities? One primary consideration for the location of project • Does the developer have an affiliation with a is whether the setting is urban, suburban, or rural. The property manager experienced in permanent support housing? availability of transit, services, and employment are most relevant for the residents. The availability of financ- • Do they tend to have high requirements (i.e., high barriers) for leasing to tenants? Do they ing, land, and infrastructure are dependent and contin- require minimum credit scores, minimum gent upon these development considerations. income requirements, clear background The discussion below covers the locational criteria that checks, pristine former rental history? This is very critical. Seek a partner that will not im- must be met to participate in the competitive multi-fam- pose high barriers to qualification for residen- ily housing financing programs administered by FHFC. cy in permanent supportive housing. Even if a development will not be using FHFC funding, the criteria bear careful consideration as they are the re- Site Location Criteria sult of demographic and market analyses that may im- The developer of permanent supportive housing must pact the feasibility of the planned project. consider the most important locational features for the project while at the same time, if seeking FHFC funding, Areas of Opportunity balancing the locational requirements inherent in the Projects that are located in defined “Areas of Opportu- FHFC competitive multifamily housing financing oppor- nity” will receive preference for financing in many of the tunities. In exploring choices and making decisions, the Requests for Applications offered by the Florida Hous- developer will weigh these and attempt to choose a site ing Finance Corporation. Geographical criteria are that ensures residents’ convenient access to community summarized in the table on the next page. For more information on joint ventures, please visit and view the recorded webinar series by the Florida Housing Coalition at https://vimeo.com/267291348 and https://vimeo.com/270495575. 12 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HO U S IN G.OR G
PART TWO SITE SELECTION CRITERIA DESCRIPTION Geographic Areas of Census tracts that are designated as two or three factor tracts. These are Opportunity locations with high indicators of community wellbeing: 1) Tract median income is greater than the 40th percentile of all tracts in the county, and 2) Educational attainment above the median of all tracts for adults over age 25 have completed some college, and 3) Tract employment rate is greater than the statewide employment rate. Difficult to Develop DDA’s are areas that have high construction, land, and utility costs relative Areas (DDA’s) to area median gross income. DDA’s may qualify for a 30 percent basis boost for housing tax credit proj- ects. DDA’s apply to an entire county. Small Area Difficult to More precisely defined DDA’s useful in metropolitan settings to qualify for Develop (SADDA) a basis boost and other incentives. R/ECAP Areas FHFC discourages new affordable housing development in R/ECAP areas Racially/Ethnically but will consider applications to preserve or redevelop housing in R/ECAPs. Concentrated Areas of Poverty Qualified Census Tracts QCT’s are tracts in which at least half of the households in the tract have an (QCT) income less than 60 percent of the area median income (AMI) or there is a poverty rate of at least 25 percent. QCT’s are eligible for a “basis boost” for tax credit projects. Projects that are located in a QCT that is also in a R/ ECAP area (see above) will not qualify for new construction. Limited Development LDA’s are defined by FHFC as having low occupancy conditions (less than Area (LDA’s) 90 percent occupancy) in its rental property portfolio, where development is limited to allow existing properties to stabilize income and occupancy before new developments of similar scope are approved. Mandatory Distance FHFC publishes mandatory distance requirements for certain types of Requirement Areas housing in certain areas to prevent the overconcentration of subsidized housing which could affect the occupancy of assisted existing projects. The Beta Mapping Tool for Multi-family applications is a valuable aid in evaluating a particular site for its potential to be awarded financing from Florida Housing Finance corporation. The instructions for using the tool can be downloaded from this site: https://www.floridahousing.org/docs/default-source/programs/ mapping-basics-user-guide.pdf?sfvrsn=2 PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 13
PART TWO Proximity Considerations party reports and the use of a checklist to make sure the Another important location consideration is meeting property can be developed as planned. Sites that must the proximity requirements within each Request for Ap- be rezoned, require land use plan amendments, or do plication (RFA) for financing offered by FHFC. Proximity not have infrastructure are least desirable. It is best to requirements are specified for each RFA; therefore, it is acquire land that has the correct zoning and land use important to evaluate each RFA individually to ensure that designations with infrastructure available to the site. the planned project will be on a site that meets the prox- To ensure project operating feasibility, supportive hous- imity requirements for services, as specified in the RFA. ing projects should have as little debt as possible. Land Importantly, the chosen site must have access to reliable costs are often a large portion of the budget and can public transportation. Residents unable to walk to bus impact the operational capacity if debt service must be or transit stops should be able to enroll in paratransit covered. Many local governments have “surplus land” services. Services may be provided to provide transport that can be made available to nonprofit housing organi- assistance to bus stops, shopping, and other locations. zations. In Florida, municipalities are required to main- Residents must have access to groceries, medicine, tain an inventory of surplus land suitable for affordable household supplies, and general shopping. housing, so you should check with the appropriate lo- cal government housing department to view the inven- Each RFA that includes proximity criteria states the maxi- tory and consider making an application for acquisition. mum distance for a service to qualify as meeting locational requirements. Proximity to services includes the following. An expanded list of site due diligence criteria is pro- • Bus/Rail stop vided in Appendix III. • Grocery store Market Analysis • Medical clinic During the credit underwriting process, which is nec- • Pharmacy, for elderly and certain other projects essary to obtain financing, a market analysis will be re- • Public/charter school, for family projects quired. The market analysis will determine how strong the demand is for this type of housing, how long it will Other community services that should be carefully ex- take to reach stabilized occupancy (i.e., 90 percent) amined and identified include the following. and the level of effort or distance away from the site • Education for continuing education, vocational where eligible tenants can be “captured” to move to training, and life skills such as cooking the property. While the formal market study is part of • Support services, such as behavioral health care the underwriting process, it is important to conduct an • Recreation such as volleyball, basketball, table informal market study as part of the due diligence pro- tennis, bingo, dance classes cess prior to site acquisition. For permanent supportive • After school programs for youth including ac- housing, the market has certain characteristics that go ademic achievement, social functioning, post beyond income level and would include persons with high school readiness, if youth will be residents disabling conditions, who are homeless, or who meet in the development other program requirements. • Community events • Small business incubators Legal Consultation • Career source facilities for job preparation, job Legal counsel should be available to review the details search assistance, job training of all land transactions and loan agreements. Attorneys • Child care should be experienced with affordable housing de- velopment as well as Florida real estate law. A project Due Diligence Process for Site Selection using Low Income Housing Tax Credits in financing will The evaluation of the suitability of a site for the pro- need counsel experienced in the closing of these types posed development can be accomplished with third of agreements and loans. 14 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HO U S IN G.OR G
PART TWO Financing Process Once the site has been deemed appropriate for the project, financing must be secured. This process can involve many different sources, each with specific requirements. In Florida, the primary source of financing for affordable housing is from the Florida Housing Finance Corporation, which has provided support and financing for many per- manent supportive housing developments. Some Requests for Applications (RFA’s) are for larger projects that will utilize Low Income Housing Tax Credits (LIHTC) and SAIL (60 or more units), and others are for medium projects (30- 60 units) or smaller projects (less than 30 units). The primary sources of funding for permanent supportive housing are described in the chart below. INCOME RENT FUNDING OTHER SET-ASIDE LIMITS SHIP (State Housing 120% AMI 30% of 20% of program Initiatives Partnership applicable funds must be Funding for construction, rehab, income limit dedicated to persons emergency and rental assistance with developmental disabilities or other special needs SAIL (State Apartment 20% for
PART TWO The application for financing through FHFC follows an annual process known as the Request for Applications or RFA cycle. The process allows for public input during the design of financing opportunities. The graphic below describes the general process of the RFA cycle, though dates vary depending on the RFA. JUNE AUG OCT DEC MAR APR FHCA Board RFA RFA Issue Application Review Committee FHFC Board to Approves RFA Workshop Date Due Date Scores Applications Approve Decisions Credit Underwriting tion process begins. During this time the owner and Projects that have been successfully ranked in the com- partners must oversee the development and respond petitive or non-competitive funding application process to requests for payment, inspections, and overall com- are invited to credit underwriting and a credit underwrit- pletion of the units according to plan. During this time er will be assigned by the funder. The credit underwriter the property manager is marketing to potential tenants will remain responsible for the project not only during and pre-leasing the units. the preparation of the Credit Underwriting Report, but throughout the construction, leasing and operations of Project Stabilization and Final Closing the project during the term of affordability. Once a project is cleared for occupancy the tenants move in. The property manager is responsible for intake The basic process of credit underwriting for project fea- of applications, lease signings, and move ins. Property sibility is to determine if the project has a sound busi- is considered stabilized when it reaches 90 percent oc- ness plan. The credit underwriting process evaluates cupancy. This status enables the owners to conduct the four main components, as follows: final closing on the long-term financial obligations. • Suitability and readiness of the proposed project site • Financial capacity of developer Period of Affordability Each funding source has a set of requirements on af- • Feasibility of project to operate long term as proposed fordability, number of set-aside units for special needs, and the term of compliance. The term of compliance • Ability to proceed is the length of time the property must serve a certain Funding Award and Initial Closing population at certain affordable rents. The period of Once the project receives a favorable Credit Under- affordability can range from 15 to 50 years depending writing Report, the funds may be officially awarded and on the funding source. The long-term compliance re- there is a closing on the issuance of the loans and grants quirements vary from program to program and the most that have been obtained. From this point construction stringent requirement always applies. may commence and funding draws can be requested. Compliance Monitoring Construction and Lease-Up During underwriting a monitoring and compliance After the initial closing on the financing, and receipt of schedule is set up in the regulatory documents that all development approvals and permits, the construc- defines the frequency and subject of monitoring over See the Florida Housing Coalition Affordable Housing Resource Guide for comprehensive information on each funding source: http://www.flhousing.org/wp-content/uploads/2017/05/Affordable-Housing- Resource-Guide-2017-05.pdf 16 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HO U S IN G.OR G
PART TWO the period of compliance. Multifamily rental properties Regulatory Agreement /Land Use Restriction financed by Florida Housing Finance Corporation are Agreement required to be monitored on several aspects of oper- The financing agreements and conditions are de- ations: onsite management, review of tenant files, ad- scribed in a Regulatory Agreement, which is filed in the ministrative procedures, and a physical inspection of public records for the property as a Land Use Restriction the property. Noncompliance is reported to the owners Agreement (LURA). and managers who must respond to any concerns and correct any findings. PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 17
PART THREE Part III Managing and Operating a Permanent Supportive Housing Development The Property Management Plan property is stabilized and there may be different per- The Property Management Plan is a key factor in the sonnel. It may be useful to include an organization chart successful and sustainable operation of permanent showing the relationship of the main entities, as well as supportive housing. The Management Plan defines the management team and the services team. the governing framework of the property and sets forth the policies and procedures to be used by man- Property Management Policies agement staff including leasing, support service coor- Policies for the management of permanent supportive dination, maintenance, and compliance with the Reg- housing should reflect the purpose and values of the or- ulatory Agreement and any other financing conditions. ganization and its commitment to provide a quality res- A separate Management Plan should be provided for idential community that meets the needs of its selected each property in the portfolio. This section provides tenancy. The policy descriptions below can be adapted guidance on the preparation of the plan. In Appen- for the property management plan. dix IV, we offer a property management template as a sample framework for new projects. Leasing Policies Lease Form Staff Organization The standard real estate lease provided by the Florida Organization Chart Bar/Florida Association of Realtors is recommended. The Management Plan should have an overview indi- The leases should not contain requirements for tenants cating all staff and their designated roles and positions. to accept support services, or any other requirements The initial operating team may change over time as the that are not contained in a standard lease (e.g., abstain- SAMPLE Permanent Supportive Housing with internal property ORGANIZATION CHART management and resident services Board of Directors Chief Executive Officer Resident Real Estate Chief Financial Operations Human Fundraising Services Development Officer Director Resources Director Services Compliance Director Leasing Coordinator Maintenance Case Manager Accounting & Reporting 18 FLO RI DA H O U S I N G COA L ITIO N | WWW. F L HO U S IN G.OR G
PART THREE ing from alcohol). All occupants of the unit must be tions must take into account the recency, nature, and listed on the lease and leases must be current and fully severity of the crime. Arrest records alone cannot be executed. Lease terms must be consistent with the Reg- used to disqualify an applicant for tenancy. ulatory Agreement. Timeliness Housing First The leasing process must be convenient, streamlined, Housing First should be followed as the core value of and efficient to best serve future residents. The review the property. This means that individuals and families and approval or denial process should be clearly stated. experiencing homelessness who have disabilities can Once an application is submitted, this process should be rapidly housed in permanent housing without pre- take no longer than several days to a week. conditions (e.g., drug testing), and then connected to Appeal Process voluntary support services to help achieve housing sta- A written and easy to understand appeals process must bility, wellness, and independence. be in place and made available to applicants who are Referrals denied tenancy. The applicant must be notified as to For properties serving residents who have experienced the reasons for the denial and be provided an oppor- homelessness, the Continuum of Care (CoC) Coordi- tunity to provide additional information or explanation nated Entry System is the most effective way to priori- and bto have the denial reconsidered. tize individuals in the most need of permanent sup- Eligibility Determination portive housing. New units coming online should be If the prospective tenant is referred through the CoC registered with the CoC through HMIS to create new Coordinated Entry System or LINK referral agency, the program capacity according to the set-aside character- referral will typically include the documentation required istics of the property. The Coordinated Entry System’s for the determination of eligibility. For all applicants, the prioritization programming will determine the highest property manager must determine the eligibility of an priority for each eligible group, which in turn will result applicant based on program requirements, coordination in the screening in of referrals in priority order facilitat- with service providers, and as provided for in the Regula- ing a smooth enrollment process. All vacancies should tory Agreement. The property manager must certify that be filled through the prioritization and referral of the the tenant meets eligibility requirements. Coordinated Entry System of the Continuum of Care. For properties serving non-homeless subpopulations, Tenant Income Certification referrals may be received through FHFC’s LINK referral The income of applicants must be verified and certified agencies or other human services agencies or health in accordance with the funding sources. Tenants may care organizations. not be required to have income to live at the proper- ty if there is evidence that housing costs can be paid Screening In through another source. For instance, the owner and The tenant selection process must rely on an approach services provider may identify alternative sources of that will screen tenants in, rather than screen them out. rent subsidies or housing vouchers to cover the rent It is recognized that applicants for permanent support- and utilities for tenants who do not have income while ive housing may have poor credit, past evictions and they work with the tenant to obtain income. All tenants’ negative rental histories, and so on. An applicant with income must be re-verified and certified on an annual a recent history of poor credit or evictions should be basis or according to the Regulatory Agreement. provided an opportunity to present mitigating informa- tion and additional information to address concerns or, Annual Re-certification if appropriate and feasible, pay an additional security The property manager must re-certify the eligibility of deposit. Criminal background checks should be per- tenants on an annual basis or as required by funding formed only to identify recent convictions for violent sources. A development that is categorized as perma- crimes, and the consideration of any criminal convic- nent supportive housing certifies that 100 percent of its PE R M ANE NT SUPPOR T IV E HOUSING | PR OPE R T Y M ANAGE M E NT GUI D EBO O K 19
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