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HomeMy WebLinkAboutR21-085 Eagle County Housing Rental Assistance Program DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 Commissioner McQueeney moved adoption of the following resolution: BOARD OF EAGLE COUNTY COMMISSIONERS EAGLE COUNTY,COLORADO RESOLUTION NO.2021- 085 RESOLUTION AUTHORIZING THE EAGLE COUNTY RENTAL ASSISTANCE PROGRAM AND THE SUPPORT OF RENTAL PAYMENTS THROUGH THE EAGLE COUNTY HOUSING RENTAL ASSISTANCE PROGRAM AND AUTHORIZING THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY TO ACT AS THE FISCAL AGENT FOR THE COUNTY AND TO ADMINISTER AND ENFORCE PROGRAM AND TO EXECUTE DOCUMENTS ASSOCIATED WITH THE SAME WHEREAS, on July 27, 2021, the Eagle County Board of County Commissioners ("Board") authorized the Eagle County Housing and Development Authority's Bold Housing Moves, a series of housing programs, including a rental assistance program, designed to address the growing housing challenges among local residents in Eagle County; and WHEREAS,the Board desires to delegate to the Eagle County Housing and Development Authority ("ECHDA")the authority to act as the fiscal agent for the County and to administer and enforce the Eagle County Housing Rental Assistance Program("Rental Assistance Program") through The Valley Home Store("TVHS"),whereby the County will contribute either first month's rent or first and last month's rent for a lease with a term of one year or more to an Eligible Household who is renting a property located in Eagle County; and WHEREAS,the County further desires to delegate to the ECHDA,through its Executive Director(the"Director") and/or The Valley Home Store("TVHS"), the authority to negotiate and enter into Rental Assistance Agreements on the County's behalf in the form attached hereto as Exhibit A ("Rental Assistance Agreement"). and to authorize the Director to execute documents that may be required, subject to prior review and approval by the Eagle County Attorney's Office. NOW,THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF THE BOARD OF COUNTY COMMISSIONERS, COUNTY OF EAGLE,STATE OF COLORADO: THAT, the Board hereby delegates to the ECHDA the authority to act as the fiscal agent for the County and to administer and enforce all aspects of the Rental Assistance Program. THAT,the Board hereby delegates to the ECHDA,through its Director and/or TVHS,the authority to execute Rental Assistance Agreements on the County's behalf;the authority to utilize and execute the form Rental Assistance Agreement and any other documents that may be required to complete the rental lease agreement in accordance with the Rental Assistance program.The Board further delegates authority to the Director to execute documents that may be required at execution of the Rental Assistance Agreement, subject to prior review and approval of said DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 documents by the Eagle County Attorney's Office. THAT this Resolution is necessary for the health, safety, and welfare of the people of Eagle County, Colorado. MOVED,READ AND ADOPTED by the Board of County Commissioners of the County of Eagle County, State of Colorado, at its regular meeting held this 19th day of October , 2021. COUNTY OF EAGLE,STATE OF COLORADO, by and through its Board of County Commissioners DocuSigned by: By: LAtta S Matt Scherha873 Absent By: Kathy Chandler-Henry, Commissioner DocuSigned by: By: Jeanne Mc y Cammtsstoner Commissioner Schen seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner McQueeney Aye Commissioner Chandler-Henry Absent Commissioner Scherr Aye This Resolution passed by 2/0 vote of the Commissioners of the Eagle County Board of County Commissioners. 2 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING At) EAGLECOUNTY Rental Assistance Program I Program Guidelines These Guidelines are subject to change based on availability of funds, conditions of property, and market conditions. ECHDA does not discriminate on the basis of race, color, sex, religion, handicap, familial status, sexual orientation, gender identity, or national origin. Eagle County and the Eagle County Housing and Development Authority ("ECHDA") acknowledge the worsening housing market for local renters given the recent increase in demand for homes, sharp increase in prices, low inventory, and impact of COVID-19 on the rental marketplace. As a result, local renters are often at a disadvantage in the marketplace because there is limited rental inventory and property owners have many interested parties competing for similar units. Accordingly, this program is aimed to support local renters in the open market. Eagle County and ECHDA, as Eagle County's fiscal agent, desire to assist qualified local renters with the first month's or first and last month's payment of a rent with a property owner("landlord") in order to make local renters more attractive and competitive in the rental marketplace. The program requires prospective renters to pay the security deposit. Renters would then qualify for either a loan or grant based on AMI ranges and local employment in order to pay the first and last month's rental payments due upon signing a lease. Eligible Renters Renters must be full-time, year-round residents and employed at a business located in Eagle County, and qualify under the definition of Eligible Household as defined in the most recent Eagle County Affordable Housing Guidelines and Administrative Procedures. Renters must have a valid social security number or I-tin number. Eligible Renter Renter households (may be separate households combined into one Households application) earning more than 120%AMI shall be required to repay both first and last month's rental assistance. If a household earns less than 120%AMI, then only the last month's rental assistance shall be repaid. Eligible Properties Prospective rental properties must be located within Eagle County. Maximum Rental The County and/or ECHDA shall not contribute more than first and last month's Payment rental rate,which may be annualized in a lease agreement. Primary Residence Renters are required to use the rental residence as their primary and only residence, as defined in the Eagle County Affordable Housing Guidelines. No short term rental or subleases are eligible for rental assistance. Renter Payment Renters must contribute a full security deposit to the landlord as required by the lease agreement. Renters shall enter into a Rental Assistance Agreement to repay the provided rental assistance over a specified time to ECHDA as outlined in the Rental Assistance Agreement. Effective 10/19/2021 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING ‘11, EAGLECOUNTY Rental Assistance Program I Program Guidelines ECHDA Payment ECHDA will pay either the renter's first month's rent or the renter's first and last month's rent prior to the start of the lease with the agreement the renter may pay back a portion of the assistance. If a renter requests only one month of rental support, half of that month may be paid back into the program. If a Renter earns over 120%AMI, then the Renter shall repay all of the rental assistance over an agreed upon term. If a Renter earns less than 120%AMI, then they shall repay only the last month's rental assistance over an agreed upon term. Renters who complete repayment agreements will be eligible for this program again in the future. Landlord Investment Landlords must agree to rent a decent, safe, and sanitary unit to the tenant. Landlords will agree to inspection by ECHDA prior to commencing rental. Program Funds $125,000 (A portion of the program is revolving with either 50% or 100% repayment into the program, as agreed upon, for last month's (or half of first month's) rent or full repayment for future program eligibility.) Assets To be eligible for the Program, Renters must not have good funds, including cash, available over five times the amount of assistance being requested. Assets will be verified directly with the bank. Renters may not own any other residential real estate at the time of rental or for the term of the lease agreement unless purchasing their only home during the lease term. Term Renters and landlords must enter into a minimum of a one year lease. Early Lease If a renter must terminate the lease prior to the expiration for any reason, the Termination renter is directed to contact the Program Administrator to arrange for an accelerated repayment agreement within the Tenant Agreement. Application Renters shall complete an application prior to rental search to ensure eligibility for the program.A complete application requires income disclosure, asset disclosure, proof of current employment at a business located in Eagle County, photo ID, and an employment offer letter from an employer, if needed. Renters will then set a time to meet with the Program Administrator at The Valley Home Store to verify income and assets. Once approved, the renter is to enter into a lease with the landlord. The Program Administrator will provide funds directly to the landlord.The landlord will provide a signed W9 and a copy of the executed lease directly to the Program Administrator, who will provide rental payment. Effective 10/19/2021 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING /6 EAGLECOUNTY Rental Assistance Program I Program Guidelines Application Processing Applications will be reviewed and approved within 5 business days of receipt by the Program Administrator. Applicability All aspects of the Rental Assistance Program eligibility and approval are at the sole exclusive discretion of the Program Administrator and availability of funds. These Guidelines are subject to change and changes are binding upon the applicant. Applications may be denied based on the physical condition of the proposed property, concerns with the lease agreement, or a determination that the rental assistance is not in the best interest of the County. Program is subject to market conditions. Other In the event of policy conflict between this program and the Eagle County Housing Guidelines and the Administrative Procedures, the Program Administrator shall determine the intent and make a determination. Program Administrator The ECHDA and/or the TVHS or other as assigned by Eagle County. More Information www.housingeaglecounty.com or call (970) 328-8772 EQUAL HOUSING OPPORTUNITY Effective 10/19/2021 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 EXHIBIT A Rental Assistance Agreement 3 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING th,1 EAGLE Rental Assistance Program I Tenant Agreement COUNTY RENTAL ASSISTANCE AGREEMENT BETWEEN THE EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND TENANT THIS RENTAL ASSISTANCE AGREEMENT (the "Agreement") is made and entered into this day of ,20_(the"Effective Date"),by and between the Eagle County Housing and Development Authority ("ECHDA"), a body corporate and politic and ("Tenant") (each a"Party"and collectively the"Parties"). WHEREAS, Tenant has agreed to rent the real property at the address of (the "Leased Premises") pursuant to a year Lease Agreement executed on the day of , 20_ (the "Lease Agreement"); and WHEREAS, as part of the Lease Agreement, Tenant is required to pay the first month's rent, the last month's rent, and a security deposit to the landlord or the first month's rent, and a security deposit to the landlord; and WHEREAS, there is a demonstrated need for affordable housing for residents of Eagle County, and the ECHDA, which serves as the fiscal agent of the County pursuant to Eagle County Resolution , has the authority to offer rental assistance whereby the ECHDA may pay the first month's rent or the first and last months' rent to landlords on behalf of tenants eligible for rental assistance pursuant to ECHDA's Rental Assistance Program Guidelines; and WHEREAS, Tenant qualifies for rental assistance pursue to the Rental Assistance Program Guidelines; and WHEREAS, ECHDA desires to provide Tenant with rental assistance pursuant to the terms of this Agreement in order to support the health, safety, and welfare of the citizens of the County. NOW, in consideration of the foregoing,ECHDA and Tenant agree as follows: 1. Duration. This Agreement commences on the date first written above and extends through the term of Tenant's Lease Agreement. 2. Payment of Rent. ECHDA agrees to pay Tenant's first month's rent or Tenant's first and last months' rent payment, totaling $ (the "Payment") directly to Tenant's landlord in order to provide rental assistance and assist Tenant in leasing the Leased Premises pursuant to the Lease Agreement. The Payment will be made upon ECHDA's determination, in its sole discretion, that Tenant is eligible for rental assistance under the Rental Assistance Program Guidelines and upon the presentation of a signed Lease Agreement. Tenant shall be responsible for providing ECHDA with the name, address, and payment information for the landlord of the • Leased Premises. 1 DocuSign Envelope ID:B21 F1 FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING EAGLE Rental Assistance Program I Tenant Agreement COUNTY 3. Repayment and Compliance with the Lease Agreement. In return for the Payment made to the landlord by ECHDA under Paragraph 1 this Agreement, Tenant agrees to repay the Payment in full to ECHDA pursuant to a schedule mutually agreed upon by Tenant and ECHDA. Should Tenant vacate the Leased Premises prior to the end of the Lease Agreement, Tenant shall repay the Payment to ECHDA upon vacating the Leased Premises. Tenant agrees to abide by all other terms of the Lease Agreement, including the payment of the security deposit, remaining rental payments, and all other fees, payments, and facility and maintenance costs associated with the Lease Agreement. Failure by Tenant to repay the Payment in full to ECHDA will result in Tenant's ineligibility to receive Rental Assistance from ECHDA for future lease agreements. The obligation to make repayment survives expiration or termination of this Agreement. 4. Limits on Owning Other Real Estate. Tenant, or any member of Tenant's household, including, but not limited to, spouses and children under 18 years of age, shall not own real estate or an interest in residential real estate anywhere as of the date of rental of the Leased Premises. If Tenant or a member of Tenant's household owns commercial property for business use or vacant land, Tenant or the household member may request an exemption from this requirement, which may be granted at the sole discretion of ECHDA or its assign. 5. Use of Leased Premises. The use and occupancy of the Leased Premises shall be utilized by Tenant as Tenant's place of residence. Residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent, has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. Tenant shall not, except with prior written approval of ECHDA, and subject to the Lease Agreement, sublease the Leased Premises for any period of time. Tenant agrees to inform ECHDA of any violations of the Lease Agreement, pending eviction notices, or complaints commencing legal action against Tenant. 6. Limitation of Liability of ECHDA. This Agreement shall not be construed to constitute a representation or guarantee by ECHDA to make further rent payments, maintenance, utility, or security deposit payments owed by Tenant to the landlord beyond what is already set forth in this Agreement. ECHDA does not assume any obligation for Tenant's rent or for payment of any claim by the landlord against Tenant. Moreover, this Agreement shall not be construed to assume liability by ECHDA for any terms of the Lease Agreement on behalf of Tenant. 7. Reservation of Remedies. There is hereby reserved to the parties hereto any and all remedies provided by law for breach of this Agreement or any of its terms. In the event the parties resort to litigation with respect to any or all provisions of this Agreement, the prevailing party shall be entitled to recover damages and costs,including reasonable attorney fees. 8. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the 2 , DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING 41 EAGLE Rental Assistance Program I Tenant Agreement COUNTY parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. ECHDA: Attention: Executive Director 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 Facsimile: 970-328-8782 Email: info@valleyhomestore.org With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-38-8685 Facsimile: 970-328-8699 Email: atty@eaglecounty.us TENANT: Name: Address: Phone: Fax: Email: 9. Venue. Jurisdiction and Applicable Law. Any and all claims, disputes, or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed, interpreted under and governed by the laws of the State of Colorado. 3 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING EAGLE Rental Assistance Program I Tenant Agreement COUNTY 10. Severability. Whenever possible, each provision of this Agreement and any other related document shall be interpreted in such a manner as to be valid under applicable law; but if any provision of any of the foregoing shall be invalid or prohibited under said applicable law, such provisions shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of such documents. 11. Execution by Counterparts: Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted into PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 12. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. 13. Section Headings. Paragraph or section headings within this Agreement are inserted solely for convenience or reference, and are not intended to, and shall not govern, limit or aid in the construction of any terms or provisions contained herein. 14. Waiver. No claim of waiver, consent or acquiescence with respect to any provision of this Agreement shall be valid against any party hereto except on the basis of a written instrument executed by the parties to this Agreement. However, the party for whose benefit a condition is inserted herein shall have the unilateral right to waive such condition. 15. Modifications. The parties to this Agreement agree that any modifications of this Agreement shall be effective only when made by writings signed by both parties. 16. Fair Housing Requirements. ECHDA shall not, in the administration of the Rental Assistance Program Guidelines, discriminate against any person on the grounds of age, race, color,creed,religion, sex,handicap,national origin, or familial status. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. 4 DocuSign Envelope ID:B21F1FE6-2883-46DF-B5E3-96D8FCF623E8 fl HOUSING 41> EAGLE Rental Assistance Program I Tenant Agreement COUNTY EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY, by and through the Executive Director Executive Director TENANT By: Printed Name: 5