HomeMy WebLinkAboutPK13-182 - Original - King County - Regional Affordable Housing Program - 01/01/2012 05 ZZz*� Records M ;ra gemen ,
KENT Document
WASH IrvGTON -
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: King County
Vendor Number:
JD Edwards Number
Contract Number:
This Is assigned by City Clerk's Office
Project Name: Regional Affordable Housing Program
Description: ® Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 1/1/2012 Termination Date: 12/31/2014
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: K Johnson Department: Parks - Human Services
Detail: (i.e. address, location, parcel number, tax id, etc.):
5•Publ lc\RecordsMa nagement\Forms\ContractCover\adcc7832 1 11/08
REGIONAL AFFORDABLE HOUSING PROGRAM
INTERLOCAL COOPERATION AGREEMENT
An Agreement for the use of SHB 2060 Local Low Income
Housing Funds in King County
THIS AGREEMENT is entered into between King County, a municipal corporation and
political subdivision of the State of Washington, hereinafter referred to as the"county", and the
City of Kent, hereinafter referred to as the "city", said parties to the Agreement each being a unit
of general local government of the State of Washington.
RECITALS
WHEREAS, the King County Countywide Planning Policies, hereinafter referred to as
the "CPPs", developed pursuant to the Washington State Growth Management Act, have
established standards for cities to plan for their share of regional growth and affordable housing;
and
WHEREAS, to implement the CPPs, the King County Growth Management Planning
Council appointed a public-private Housing Finance Task Force in 1994, hereinafter referred to
as the "HFTF,"to recommend potential fund sources for affordable housing for existing low
income residents and for meeting the affordable housing targets for future growth; and
WHEREAS the HFTF recommended a document recording fee as a source of regional
dollars for low-income housing development and support, and recommended that representatives
of the county, cities and the housing community work together to make decisions about the use
and administration of such a fund; and
WHEREAS RCW 36.22.178 provides, in pertinent part,that:
. . . [A] surcharge of ten dollars per instrument shall be charged by
the county auditor for each real property document recorded, which will be
in addition to any other charge authorized by law. The county may retain up
to five percent of these funds collected solely for the collection,
administration and local distribution of the funds. Of the remaining funds,
forty percent of the revenue generated through this surcharge will be
transmitted monthly to the state treasurer . . .
All of the remaining funds generated by this surcharge will be
retained by the county and deposited into a fund that must be used by the
county and its cities and towns for eligible housing projects or units within
housing projects that are affordable to very low-income households at or
below fifty percent of the area median income. The portion of the surcharge
retained by a county shall be allocated pursuant to eligible housing projects
or units within such housing projects that serve extremely low and very low
income households in the county and cities within the county, according to
RAHP Interlocal Agreement I of 19 2012-2014
an interlocal agreement between the county and the cities within the county,
consistent with countywide and local housing needs and policies ... [and in
accordance with the eligible activities listed in the RCW 36.22.178].
and
WHEREAS, existing Interlocal Cooperation Agreements or Joint Agreements between
the county and cities in the King County Community Development Block Grant Consortium,
hereinafter referred to as the "CDBG Consortium Agreements," and/or existing Interlocal
Cooperation Agreements between the county and cities in the King County HOME Investment
Partnerships Program Consortium, hereinafter referred to as the"HOME Consortium
Agreements," are not modified by this Regional Affordable Housing Program Agreement; and
WHEREAS, the city and county agree that affordable housing is a regional issue, that
cooperation between the cities and the county is beneficial to the region, and that a regional
approach to utilizing the RCW 36.22.178 funds will allow those funds to be used in the most
productive manner; and
WHEREAS, it is mutually beneficial and desirable to enter into a cooperative agreement
in order to administer the RCW 36.22.178 revenue as a regional fund, as authorized by the
Intergovernmental Cooperation Act, RCW 39.34, and, as required by RCW 36.22.178 ;
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING
CIRCUMSTANCES AND IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:
I. Definitions and Interpretation.
Capitalized terms used herein shall have the following meanings unless the context in
which they are used clearly requires otherwise.
"Joint Recommendations Committee" or"JRC" means the interjurisdictional body
developed pursuant to and the CDBG and HOME Consortia Agreements as described in
Section III of this Agreement.
"Interjurisdictional Advisory Committee" or"Advisory Committee" means the work
group consisting of representatives from cities eligible to participate in the Regional
Affordable Housing Program, and from the county. This group is advisory to the JRC.
11RAHP12060 Planning Group"means the planning group consisting of representatives
from the cities, from the county, and from housing and human services agencies serving
King County,that will convene during the year the Regional Affordable Housing
Program Guidelines expire to review the program and the guidelines and to recommend
any changes or updates to the guidelines to the JRC.
RAHP Interlocal Agreement 2 of 10 2012.2014
II. General Agreement
The purpose of this Agreement is to establish the Regional Affordable Housing Program
("RAHP"), to be administered by the county in cooperation with cities and towns within
the county that are eligible to participate in the program. The local portion of RCW
36.22.178 revenue shall be administered as a regional fund by the King County Housing
and Community Development Program in a manner that is consistent with countywide
and local housing needs and policies. The city and the county agree to cooperate in
undertaking RAHP activities as set forth herein.
III. Administration Distribution and Use of the RAHP.
A. Joint Recommendations Committee
An interjurisdictional Joint Recommendations Committee (JRC) has been established
through the CDBG and HOME Consortia Interlocal Cooperation Agreements and is
hereby adopted as part of this Agreement. Changes to the JRC that occur in the
CDBG and HOME Consortia Interlocal Agreements are incorporated by reference
into this Agreement.
1. Comnosition of the JRC. For RAHP purposes, the JRC shall be composed of
cities' representatives and county representatives as specified in the CDBG and
HOME Consortia Agreements, with the addition of an appointment from the City
of Seattle. The Seattle JRC representative will only attend JRC meetings that
concern the RAHP funds and will be entitled to vote solely on RAHP issues and
not on other King County Consortium matters coming before the JRC. The Seattle
representative shall be an elected official, department director or comparable level
staff.
2. Powers and Duties of the JRC. The JRC shall be empowered to:
a. Review and adopt annual RAHP fund allocations.
b. Review and adopt RAHP allocation policies.
C. Review and adopt any subsequent updates to the RAHP Administrative
Guidelines, as needed (the most recent version of the RAHP
Administrative Guidelines are attached to this Agreement as Exhibit 1 for
illustrative purposes). A jurisdiction that is party to this Agreement may
dispute a JRC decision concerning the RAHP Guidelines by informing the
JRC Chair of the dispute, and the JRC Chair will schedule time on the
JRC agenda to discuss and resolve the disputed issue. In carrying out its
duties, the JRC shall make decisions that are consistent with the RCW
36.22.178, the Consolidated Housing and Community Development Plan
of the King County Consortium and the City of Seattle, the Ten Year Plan
RAHP Interlocal Agrmment 3 of 19 2012-2014
a
to End Homelessness in King County and other local housing plans, as
applicable.
3. Intedurisdictional Advisory Committee to the JRC. In fulfilling its duties under
this Agreement, the JRC shall consider the advice of an Advisory Committee,
made up of representatives from those jurisdictions eligible to participate in the
RAHP that choose to send representation. The Advisory Committee will meet at
least once per year with county staff to recommend projects for RAHP funding to
the JRC and may monitor the distribution of RAHP funds to the sub-regions and
make recommendations to the JRC concerning actions to achieve geographic
equity. If the Advisory Committee considers issues other than the RAHP, the staff
from the City of Seattle shall only participate for the purpose of making RAHP
recommendations.
B. Administration of RAHP Programs. The King County Housing and Community
Development Program (HCD)staff shall distribute RAHP funds pursuant to the
allocations adopted annually by the JRC, and shall administer the program pursuant to
the terms of this Agreement and the RAHP Administrative Guidelines.
County HCD staff shall provide the JRC and the Advisory Committee with an annual
report that provides information about the capital housing projects that were awarded
RAHP funds in that year,as well as the status of capital housing projects that were
awarded RAHP funds in a prior year(s).
County HCD staff shall invite the representatives of cities that are a party to this
Agreement to be involved in any work groups convened to update the RAHP
Operations and Maintenance(O&M) Fund policies, and to be on the review panel that
will recommend O&M funding awards to the JRC.
C. Administrative Costs. The county agrees to pay the costs of administering the RAHP
out of the five percent (5%) of the funds collected by the county for expenses related
to collection, administration and local distribution of the funds, pursuant to RCW
36.22.178. No portion of the sixty percent (60%) of the RCW 36.22.178 revenue
retained by the county in a fund for the RAHP shall be utilized for RAHP
administration.
D. Interest on the RAHP Fund. Interest accrued on the sixty percent(60%) of the RCW
36.22.178 revenue retained by the county in a fund for the RAHP shall remain with
the RAHP fund and will be distributed to projects according to the subregional
allocation target formula found in the RAHP Administrative Guidelines.
E. Sub-Regional Geographic Equity. The parties intend that the RAHP funds shall be
awarded to projects throughout the county in a fair and equitable manner over the
duration of this Agreement. Equity is to be achieved through sub-regional allocation
targets, as follows: A fixed percentage of RAHP local funds will be allocated to each
sub-region of the county identified in the RAHP Administrative Guidelines by the
RAHP Interlocal Agreement 4 of 19 2012-2014
expiration of this Agreement. The percentage goals for each sub-region set by the
formula in the RAHP Administrative Guidelines shall by updated by the JRC when
new data is available.
F. General Use of Funds. The local portion of the RCW 36.22.178 revenue shall be
utilized to meet regional housing priorities for households at or below fifty percent
(50%)of area median income, as established in the RAHP Administrative Guidelines.
G. Compliance with Fair Housing Laws. Parties to this Agreement must take actions
necessary to ensure compliance with the Federal Fair Housing Act, as amended, the
Americans with Disabilities Act of 1990, and other applicable state and local fair
housing laws.
IV. Effective Date
This Agreement shall be effective on January 1, 2012.
V. Agreement Duration
A. This Agreement shall extend for a three-year period, through the 2012, 2013 and 2014
calendar years, and shall remain in effect until the RAHP funds allocated in this three-
year period, including any recaptured funds received with respect to activities funded
during this three-year period, are expended, and the funded activities completed.
B. Renewal. In the final year of the three-year Agreement period, the county will initiate
a review of the Agreement no later than March I", through an invitation to all eligible
cities in the county, to determine whether a majority of cities favor automatic renewal
without amendment for a successive three-year period, or whether there are potential
amendments. This Agreement shall be automatically renewed for participation in a
successive three-year Agreement period, unless the city official empowered to sign
the Agreement provides written notice to the county that it elects not to participate in
a new three-year Agreement period, or that it wishes to amend the Agreement, by the
date set forth by the County in a letter to the city following the review process.
VI. General Matters and Recording
A. No separate legal or administrative entity is created by this Agreement. It is not
anticipated that the JRC,the Advisory Committee, nor the RAHP/2060 Planning
Group will acquire or to hold any real or personal property pursuant to this
Agreement. Any personal property utilized in the normal course of the work of
such bodies shall remain the property of the person, entity or city initially offering
such personal property for the use of any such body.
B. The county may terminate this Agreement if at least forty percent (40%)of the
jurisdictions in the county representing seventy-five percent(75%) of the
RAHP Interlocal Agreement 5 of 19 2012-2014
4
population of the county have not signed this Agreement by February 1, 2012, and
by February I st of the first year of successive three-year periods.
C. The parties to this agreement agree to convene the King County RAHP
Consortium as rapidly as possible after a proclamation of a state of emergency by
the King County Executive or when the King County Emergency Coordination
Center activates Emergency Services Function 6 (ESF-6), which provides for
mass care, emergency assistance, housing and human services. The RAHP
Consortium will be convened through a meeting of the Joint Recommendations
Committee (JRC) and any representatives of Consortium Cities that desire to
attend. The meeting will be convened after the county has been able to gather
adequate information regarding housing displacement and potential interim
housing needs as a result of the emergency. The purpose of the JRC meeting will
be to review the Post-Disaster Interim Housing Annex to the King County
Comprehensive Emergency Management Plan, and other available information
regarding the emergency, and to begin the process to acquire all federal, state,
private or other disaster funding assistance for housing and related needs available
to the Consortium. The JRC will also begin the process to determine if the
Consortium can commit any RAHP Consortium funds or other Consortium funds
(CDBG, Disaster CDBG, HOME or other federal funds that may be available to
the King County Consortium through the U.S. Department of Housing and Urban
Development) for disaster interim housing efforts.
RAHP Interlocal Agreement 6 of 19 2012-2014
D. Recording- Pursuant to RCW 39.34.040, this Agreement shall be filed with King
County Records.
KING COUNTY, F
Cl
CI"'Y OF Kent
For Ki�Cny Executive B ignature
Jackie MacLean, Director tte Cooke, Mayor �'f
Printed Name Tinted Name a r"
Department of Community and Human Services
Title Pjye/ r v
Date ` )Cv Date
Appr(EC
d Form: Approved as For
OFFIO 'T KING COUNTY CITY OF_
PRO T EY CITY ATTORNEY
_ A
Michael Sinsky, King ty Senior Deputy City Aftc4y
Prosecuting Attorney
ATTEST: f
CITY OF
City Clerk
RAHP Interlocal Agreement 70119 2012.2014
EXHIBIT I
King County Regional Affordable Housing Program
Administrative Guidelines
1. Introduction
The provisions of Substitute House Bill (SHB)2060 became effective in Washington
State on June 13, 2002.
SHB 2060 created a document recording fee on certain documents to be utilized for low
income housing. Administration of the fund is shared between local governments and the State.
The local portion of SHB 2060 funds is to be administered pursuant to a cooperative agreement
between the county and the cities and towns within King County.
The work of the Housing Finance Task Force (HFTF), appointed by the King County
Growth Management Planning Council in 1994, led to the passage of SHB 2060. In recognition
of the recommendations made by the HFTF, a Regional Affordable Housing Program
(RAHP)/2060 Planning Group convenes to plan for the use of King County SHB 2060 funds.
The King County RAHP/2060 Planning Group' is made up of city representatives, county
representatives, and representatives from a variety of private housing and services organizations
in King County.
t City representatives have included staff from the cities of: Burien,Tukwila,Kent,Federal Way,Redmond,
Kirkland, Issaquah, Shoreline,Covington, Seatac,Auburn,Seattle, Bellevue and ARCH
Housing and services organization representatives included staff from the following: Seattle-King County Housing
Development Consortium,Impact Capital,South King County Multi-Service Center, Hopelink,Fremont Public
Association,Seattle Habitat for Humanity, South King County Habitat for Humanity,Friends of Youth,the Salvation
Army,Community Psychiatric Clinic, Lifelong Aids Alliance,St.Andrews Housing Group, Housing Resource
Group,EDVP,YWCA,Mental Health Housing Foundation,Rental Housing Association,Highline-West Mental
Health,Valley Cities Counseling, Seattle Emergency Housing Service,Common Ground,and Vietnam Veterans.
Leadership Program,Compass Center,Catholic Community Services,the King County Housing Authority, Seattle
Mental Health,and the Committee to End Homelessness
RAHP Interlocal Agreement 8 of 19 2012-2014
The King County RAHPI2060 Planning Group has designed a regional low income
housing fund source, to be administered by the King County Housing and Community
Development Program (HCD) in the Department of Community and Human Services.
II. Duration of the Guidelines
The RAHP Guidelines shall take effect on January 1, 2007, and shall remain in effect
until updated through the interjurisdictional Joint Recommendations Committee (JRC).
III. Review and Update of the Guidelines
Beginning in 2010, the Guidelines may be updated through the JRC pursuant to the
RAHP Interlocal Cooperation Agreement, hereinafter"RAHP Agreement', as needed. The
RAHP{2060 Planning Group will be convened to recommend any proposed changes to the
Guidelines for presentation to the JRC for adoption.
IV. Decision-Making Structure and Regional Allocation Method
A. Approving Body—Joint Recommendations Committee.
The JRC, as defined in the RAHP Agreement, shall be the body that reviews and updates
the RAHP Guidelines beginning in 2010, and reviews and adopts annual RAHP funding
allocations and related allocation policies. The JRC will be expanded, pursuant to the RAHP
Agreement, to include representation from the City of Seattle on RAHP matters.
Allocations and related policies adopted by the JRC must be consistent with these RAHP
Guidelines, the Consolidated Plans of the King County Consortium and the City of Seattle, other
local housing plans, as applicable, and the Ten Year Plan to End Homelessness in King County.
1. Appeal Process for JRC Decisions
a. Cities—Adoption of Guidelines
RAHP Interlocal Agreement 9 of 19 2012.2014
Pursuant to the RAHP Interlocal Agreement, a participating jurisdiction
may appeal a JRC decision concerning the update of RAHP Guidelines. The
jurisdiction must inform the Chair of the JRC, and the JRC chair will schedule
time on the JRC agenda to discuss the appeal issue.
b. Applicants •Annual Fund Allocations
Applicants for RAHP funds may appeal a JRC allocation decision if they
have grounds based on substantial violation of a fair allocation process, such as
bias, discrimination, conflict of interest, or failure to follow the RAHP Guidelines.
Appeals by applicants will receive initial review for adequate grounds by the
Director of the King County DCHS. If adequate grounds for an appeal are found,
the DCHS director will put the appeal on the JRC agenda for review.
B. Annual Fund Allocation Recommendations
An intedurisdictional advisory committee to the JRC, made up representatives from
participating jurisdictions in the RAHP Consortium, will work with the King County Housing
Finance Program (HFP) staff of King County HCD to make RAHP allocation recommendations
and related program policy recommendations to the JRC. While the advisory committee may
make recommendations concerning several fund sources for affordable housing in the King
County Consortium, the City of Seattle staff will participate on the committee solely for the
purpose of making RAHP recommendations.
The review process for RAHP allocations will proceed as follows:
• King County HCD staff will review all RAHP applications and make preliminary funding
recommendations.
• Cities' staff will review applications for projects in their jurisdiction and make preliminary
recommendations on those applications.
RAHP Interlocal Agreement 10 of 19 2012-2014
• Cities' staff will receive information on all RAI-IP applications to review prior to the advisory
committee meeting at which final funding recommendations are formulated for transmittal to
the JRC.
• Advisory committee participants will meet together at least annually to decide upon RAHP
funding recommendations to the JRC, and may meet at other times during the year, as
necessary, to discuss RAHP issues and make recommendations to the JRC.
C. Subregional Allocation Targets
The RAHP Fund will be a flexible fund that can address regional and subregional housing
needs. The fund will use subregional allocation targets as a means to achieve geographic equity
in the distribution of SHB 2060 funds by the end of each Interlocal Cooperation Agreement
period.
1. Subregional Areas:
a. City of Seattle Subregion
b. North/East Subregion—north and east urban and rural areas,
including 34 percent of unincorporated King County
C. South Subregion—south urban and rural areas, including 66
percent of unincorporated King County
2. Formula for Subregional Allocation Targets
Each subregion will have a targeted percentage of the RAHP funds, including the
interest on the RAHP funds, allocated to projects within the subregion over the period of
time that the RAHP Guidelines are in effect. Each subregion will receive allocations to
2 Percent of unincorporated King County attributed to the North/East and South Subregions is based on the 2000
census data for households in the unincorporated portions of the King County Community Planning Areas,as listed
in the 2002 Annual Growth Report.
RAHP Interlocal Agreement 11 of 19 2012.2014
projects within the subregion that are equal to or greater than 95 percent,of the
subregions' allocation target by the end of each Interlocal Cooperation Agreement period.
The formula for allocating RAHP funds to the subregions is as follows:
• One half of the RAHP funds shall be targeted for allocation among the three
subregions based on each subregion's relative share of total existing need for
affordable housing. Existing need shall be determined by the percentage of low-
income households paying more than 30 percent of their income for housing in the
subregion, according to the 2000 U.S. Census data.
• One half of the RAHP funds shall be targeted for allocation amongst the three
subregions based on the subregions' growth targets for future need, as established
through the Growth Management Planning Council. Future need shall be determined
by the subregions'relative share of total future need for affordable housing in the
County. A subregion's relative share of future need is the percentage of the
subregion's affordable housing target for low-income households relative to the
cumulative affordable housing target for low-income households of all jurisdictions in
the county, including unincorporated King County 3. Based upon the RAHP formula,
the sub-regional allocation targets are as follows:
City of Seattle: 37.9 percent
South: 32.7 percent
North/East: 29.4 percent
The percentage of a subregion's target relative to the cumulative target is derived by averaging the target
percentages of the jurisdictions within that subregion. For each jurisdiction,the target percentage is calculated in the
following manner: the number of households that a jurisdiction must anticipate,per the 2002-2022 Countywide
Planning Policy(CPP)Growth Target,is multiplied by.24 or.20(depending on the ratio of low wage jobs to low
cost housing for the jurisdiction in Appendix 3 of the CPPs);that number is divided by the cummulative affordable
housing target for low income households of all King County jurisdictions, including unincorporated King County.
RAHP Interlocal Agreement 12 of 19 2012-2014
3. Interiurisdictional Advisory Committee to Monitor Subregional Allocation
Targets
The advisory committee will monitor the Subregional distribution of RAHP funds
every year, determining if any subregion(s) received allocations below 95 percent of the
subregion's allocation target.
If any subregion received allocations under 95 percent of the target allocation after
several funding cycles, the HCD staff will work with the advisory committee to adjust the
allocation targets of such subregion(s) in the subsequent funding cycles, as needed. In
addition, the advisory committee may propose strategies and actions, for review by the
JRC, that are designed to increase the percentage of RAHP funds spent in those
subregion(s). Staff of the jurisdictions that are parties to the RAHP Agreement will assist
in implementing actions that will aid in achieving geographic equity in RAHP allocations
by the end of each Interlocal Cooperation Agreement period.
V. Use of the RAHP Funds in King County
A. RAHP Priorities
1. Top Priority:
• Capital funds for the acquisition, rehabilitation and/or new construction of
units of eligible housing types. New construction is not eligible if the low-
income housing vacancy rate for all of King County exceeds 10 percent4.
2. Second Priority:
• Operations& Maintenance ("O&M") fund program for existing homeless
housings. This program provides O&M funding for existing6 transitional
The low income housing vacancy rate for each county will be established by the state,pursuant to the SHB 2060 legislation.
RAHP Interlocal Agreement 13 of 19 2012-2014
housing and transition in place? units. The housing units must be eligible
for the Washington State Housing Trust Fund, and must show that they
require RAHP O&M funds in order to cover ongoing building operating
expenses.
3. Third Priority:
• O& M funds for existing emergency shelters and licensed overnight youth
shelters.
4. Last priority:
• Rental assistance vouchers to be administered by a local housing authority
in conformity with the Section 8 program.
B. RAHP Eligibility
1. Eligible Housing Types
a. Capital Funds
• Permanent rental housing units
• Transition in place and transitional housing units; units that are not
time-limited are encouraged.
• Emergency shelter and licensed overnight youth shelter
• Ownership housing
b. O&M Funds:
• Existing transitional and transition in place housing units
The 0&M fund for the guidelines is set at approximately 22 percent of$3,222,000(the average of the RAHP collections in
2004 and 2005),which is$700,000 per year for the four year period of the guidelines.
e Existing housing is defined as housing that exists as of the date of an application for RAHP funds.
Transition in place units are permanent rental units where supportive services are provided for a period of time,as needed by a
household. Households do not need to move when the supportive services are phased out.
RAHP lnterlocal Agreement 14 of 19 2012-2014
• Existing emergency shelters and licensed overnight youth shelters
2. Eligible Populations Served by Housing Units
• All units funded with RAHP funds must serve households at or below 50
percent of area median income. Projects that include units for households
at or below 30 percent of area median income are encouraged.
• Homeless households9, including youth.
• Households at risk of homelessness.10
• Disabled households or households with a disabled member.
•, Families.
• Special needs populations, including seniors.
3. Eligible Applicants
• Nonprofit organizations
• Housing Authorities
• Local governments
• For-profit entities are only eligible for capital funds in the top priority.
This is due to the language of the SHB 2060 legislation, which restricts
building operations and maintenance funds to projects "eligible for the
Washington State Housing Trust Fund." For-profit entities are not eligible
for the Washington State Housing Trust Fund.
$RAHP funds are limited to 50 percent of the development cost of any project;consequently, if a shelter project cannot secure
adequate funding for the entire cost of development,the RAHP cannot prioritize the project
9 Homeless households include: households that lack a fixed,regular and adequate residence;households that reside in a publicly
or privately operated shelter designed to provide temporary living accommodations;households that reside in time-limited
housing;and households that currently reside in an institution and will be exiting the institution without a fixed,regular and
adequate residence.
10 Households at risk of homelessness include:households paying 50 percent or more of their income for rent,households that
have a history of homelessness and are currently unstable,households living in overcrowded or substandard housing,households
PAHP Interlocal Agreement 15 of 19 2012-2014
4. Eligible use of RAHP Funds by Priority
a. Capital funds:
o Acquisition of land for eligible housing.
a New construction of eligible housing.
• Acquisition of building(s) for eligible housing.
0 Rehabilitation of units of eligible housing or to create new units of
eligible housing.
O Capitalization of a replacement reserve in connection with a capital
investment for new or existing eligible housing units.
o Capitalization of O&M rent buy-down reserves for new eligible
housing units to serve households below 50 percent of AMI that
are primarily homeless11, or at risk of homelessness12. Capitalized
O&M reserves may only be used to write down rents to very
affordable rent levels, below 30 percent of AMI and below 50
percent of AMI(i.e. between 30 percent and 50 percent of AMI,)
for units that do not have debt service. Capitalized O&M reserves
must be used for expenses directly related to running the building
and may not be used for services to the tenants or to cover debt
service 13. This eligible use may not exceed 20 percent of the
RAHP capital funds in any funding cycle.
that are substantially behind on their monthly housing payment or have a pending eviction,households with a disability whose
housing is at risk due to aging relatives or other factors.
See Note 6.
See Note 7.
"Other requirements for capitalized O&M reserves include: 1)projects will not be eligible for these funds unless,they have
either applied first to CTED for 0&M and been denied,or have not received Housing Trust Fund capital dollars and are,
therefore,not eligible for O&M from CTF,D;2)funds will be awarded only in appropriate amounts as neede,d pursuant to review
RAHP Interlocal Agreement 16 of 19 2012-2014
b. O&M Funds:
• Existing transition in place or transitional housing units are eligible
for O&M for ongoing building operations and maintenance
expenses that cannot be covered by the rental income of the
project, and may not include the cost of services to tenants or debt
service.
• Existing emergency shelters and licensed, overnight youth shelters
are eligible for O&M for general operating expenses, including
services.
C. Vouchers:
• Rental assistance vouchers must be administered by a local
housing authority in conformity with the Section 8 program.
VI. RAHP Administration
The RAHP funds shall be administered as a regional fund by the King County HCD
Program.
A. RAHP Capital Funds
RAHP capital funds, including capitalized O&M reserves for new projects and
maintenance reserves, will be administered by HFP in conjunction with other fund sources
administered by HFP.
by the Housing Finance Program,and will be subject to negotiated modifications;and 3)capitalized reserves will be committed
for a maximum of five years'rent buy-down subsidy.
RAHP Interlocal Agreement 17 of 19 2012.2014
The HFP will staff the interjurisdictional advisory committee and will work with the
committee to develop RAHP funding allocation recommendations and related policy
recommendations for JRC review and adoption.
The HFP will distribute RAHP funds through contracts pursuant to the allocations
adopted by the JRC, and will generate an annual RAHP report that provides information about
the projects that received funding in the current year, as well as the status of projects awarded
RAHP funds in prior year(s).
The terms of the King County Housing Opportunity Fund (HOF) will apply to RAHP
contracts, with the exception of the following:
• To the extent that there are differences between the HOF guidelines and RAHP
guidelines,the RAHP guidelines will apply.
• A financial match by the local government where a housing project is to be
located is not required, but is encouraged.
• RAHP funds will have no maximum subsidy per unit, but the development
portion of the award (not including O&M rent buy-down reserves) will be limited
to 50 percent of the total development cost of a project.
B. RAHP Operating and Maintenance Funds
The RAHP O&M funds will be administered through the King County HCD Program's
Homeless Housing Programs(HHP) Section.
The priority for RAHP O&M funds is existing projects that have been unsuccessful in
receiving State 2060 O&M funds or ESAP funds.
HHP will work with the Committee to End Homelessness to ensure that the uses of
RAHP O&M funds are consistent with the priorities of the Ten Year Plan to End Homelessness.
RAHP Interlocal Agreement 18 of 19 2012-2014
f
HHP will invite city staff and other stakeholders to participate in updating the RFP
parameters for 0&M funds, if and when updates are necessary, and will invite the same to
participate on the panel to review applications for the RAHP O&M funds. The review panel will
recommend O&M fund awards to the JRC for final adoption.
RA.HP Interlocal Agreement 19 of 19 2012-2014