HomeMy WebLinkAbout05 TRUSTEE'S SALE- AFFORDABLE HOME LOCATED AT 1345 SUN DIAL DRAgenda Item 5
Reviewed:
AGENDA REPORT City Manager
Finance Director
MEETING DATE: MAY 16, 2017
TO: JEFFREY C. PARKER, CITY MANAGER & HOUSING AUTHORITY
EXECUTIVE DIRECTOR
FROM: TUSTIN HOUSING AUTHORITY
SUBJECT: TRUSTEE'S SALE — AFFORDABLE HOME LOCATED AT 1345
SUN DIAL DRIVE
SUMMARY
The Tustin Housing Authority ("Authority") is seeking authorization to cure a homeowner
default under the City's Affordable Housing Program in the Tustin Field II development.
RECOMMENDATION
It is recommended the Tustin Housing Authority Commission ("Commission") authorize
the Tustin Housing Authority to purchase the very low income affordable housing unit at
1345 Sun Dial Drive during the Trustee's Sale, and also authorize the Executive
Director, or his designee, execute any required documents, as may be necessary to
implement such action as recommended by the City Attorney. The price and terms will
be discussed in Closed Session.
FISCAL IMPACT
Adequate balances exist in the Low and Moderate Income Housing Asset Fund
("Housing Asset Fund") to cure the homeowner default. After purchasing the home, the
Authority will sell the home and the proceeds from the sale will be deposited back into
the Housing Asset Fund.
CORRELATION TO THE STRATEGIC PLAN
Curing the homeowner default and preserving the Authority's affordable housing assets
contributes to Goal A of the City's Strategic Plan, enhancing the vibrancy and quality of
life in all neighborhoods and areas of the community.
Agenda Report
May 16, 2017
Page 2
BACKGROUND
A Notice of Default was issued on February 16, 2017, for 1345 Sun Dial Drive (Tustin
Field II development), a very low income unit in the City's Affordable Housing Program.
The Notice of Trustee's Sale should be forthcoming this week, with a possibility the sale
date will be scheduled prior to the City Council's next meeting on June 6, 2017. Without
taking action at the Trustee's Sale, the City is at risk of losing the affordable unit.
Pursuant to Health and Safety Code ("HSC") Sections 34176(c) and (d), the Tustin
Housing Authority may perform activities and use funds in accordance with applicable
housing -related provisions of the Community Redevelopment Law, including efforts to
increase, maintain and preserve the community's affordable housing supply. In the
effort to increase Tustin's supply of affordable housing, the City entered into a
Disposition and Development Agreement ("DDA") with the developer, WL Homes, LLC,
in October 2003 for the Tustin Field II development. The DDA required the developer to
provide 40 affordable units within the 189 unit development with the affordability
requirements secured by long term covenants for a 45 -year period.
In order to preserve the Authority's asset, it is necessary to purchase the unit prior to
losing the 45 -year affordability requirement and the value of the Authority's Promissory
Note through foreclosure. Upon purchase, the Authority will actively market the
property.
HSC Section 34176(d) created the Housing Asset Fund to provide communities with a
limited funding source for increasing, maintaining, and preserving the affordable
housing supply. There is an adequate fund balance in the Housing Asset Fund to
ensure the unit at 1345 Sun Dial Drive remains an Authority asset. Given the unit is
already priced at an affordable level as a result of existing restrictions, the costs
associated with any exercise of the City's option rights will be far less than the cost of
acquiring and replacing the affordable ownership unit.
Staff is recommending the Commission authorize purchasing the unit at the Trustee's
Sale and is available for any questions the Commission may have.
Jerry Craig Janine Hernandez
Acting Deputy irec r nomic / Management Assistant
Developm G Tustin Housing Authority
Tusg n -H using Authority