HomeMy WebLinkAbout06 TRUSTEE'S SALE - AFFORDABLE HOME LOCATED AT 134 LIBERTY STREETMEETING DATE:
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SUMMARY
Agenda Item 6
Reviewed:
AGENDA REPORT
City Manager
Finance Director NTA
JULY 17, 2018
JEFFREY C. PARKER, CITY MANAGER & HOUSING AUTHORITY
EXECUTIVE DIRECTOR
TUSTIN HOUSING AUTHORITY
TRUSTEE'S SALE — AFFORDABLE HOME LOCATED AT 134
LIBERTY STREET
The Tustin Housing Authority ("Authority") is seeking authorization to cure a homeowner
default under the City's Affordable Housing Program in the Tustin Field I development.
RECOMMENDATION
It is recommended the Tustin Housing Authority Commission ("Commission") authorize
the Tustin Housing Authority to purchase the moderate income affordable housing unit
at 134 Liberty Street 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
July 17, 2018
Page 2
BACKGROUND
A Notice of Default was recorded on March 26, 2018, for 134 Liberty Street (Tustin Field
development), a moderate income unit in the City's Affordable Housing Program.
The Housing Authority has received the Notice of Trustee's Sale and the sale is
scheduled for August 20, 2018. While the homeowner has indicated they are
attempting to resolve the matter with their lender, it is necessary for the Housing
Authority to seek the Commission's authorization to cure the default in the event they
are not successful. 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 March 2003 for the Tustin Field I development. The DDA required the developer to
provide 78 affordable units within the 376 -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. HSC Section 34176(d) created the Housing Asset Fund
("Fund") to provide communities with a limited funding source for increasing,
maintaining, and preserving the affordable housing supply and there is an adequate
fund balance in the Fund to ensure the unit at 134 Liberty Street remains an Authority
asset. The costs associated with the City exercising its option rights will be far less than
the cost of acquiring and replacing an 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.
Joh Buchanan Jerry Craig
Dire or of Economic Development Deputy Director of E, o c Development
Tustin Housing Authority Tustin Housi'g Aut�