HomeMy WebLinkAbout07 HOUSING SUCCESSOR ANNUAL REPORT FOR FY 2022-2023Agenda Item _______
Reviewed:
City Manager _______
Finance Director _______
MEETING DATE: NOVEMBER 21, 2023
TO: NICOLE BERNARD, ACTING CITY MANAGER & ACTING HOUSING
AUTHORITY EXECUTIVE DIRECTOR
FROM: TUSTIN HOUSING AUTHORITY
SUBJECT: HOUSING SUCCESSOR ANNUAL REPORT FOR FISCAL YEAR
2022-2023
SUMMARY
In accordance with Senate Bill 341’s amendments to Health & Safety Code Section
(“HSC”) 34176.1(f), the Tustin Housing Authority, serving as the Housing Successor to
the former Tustin Community Redevelopment Agency, has prepared an annual report
for filing with the Tustin Housing Authority Commission and the Tustin City Council.
RECOMMENDATION
It is recommended the Tustin Housing Authority Commissioners take the following
actions:
1.Receive and file the Housing Successor Annual Report for Fiscal Year (“FY”)
2022-2023 and transmit such report to the Tustin City Council.
It is recommended the Tustin City Council take the following actions:
1.Receive and file the Housing Successor’s Annual Report for FY 2022-2023.
2.Direct that a copy of the Housing Successor Annual Report be posted on the City
of Tustin’s website at www.tustinca.org
FISCAL IMPACT
No fiscal impact.
BACKGROUND/DISCUSSION
On March 15, 2011, the City Council approved Resolution No. 11-20 establishing the
Tustin Housing Authority (“Housing Authority”) in accordance with the California
Housing Authorities Law (CHAL). On April 19, 2011, the Housing Authority
AGENDA REPORT
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Commissioners (“Commissioners”) adopted Resolution HA No. 11-01 approving the By-
Laws for the Housing Authority. On January 17, 2012, the Commissioners adopted
Resolution HA No. 12-01, approving the assumption of housing assets and functions
previously performed by the former Tustin Community Redevelopment Agency
(“Agency”). The Housing Authority’s assumption of assets and functions became
effective February 1, 2012, establishing the Housing Authority as the Housing
Successor for the former Agency.
On October 13, 2013, Senate Bill (“SB”) 341 was chaptered into law, amending HSC
Section 34176.1 to address particular provisions and functions related to the new
housing successor entities of former redevelopment agencies. SB 341 requires all
housing successor entities to file an annual report within six months after the end of
each fiscal year (“FY”), starting with the FY ending in 2014, and to provide an
independent financial audit to the legislative body, in this case the Tustin City Council.
The purpose is to provide the governing body of the housing successor an annual report
on the housing assets and activities of the housing successor under Part 1.85, Division
24 of the HSC, in particular sections 34176 and 34176.1 (“Dissolution Law”).
The Low and Moderate Income Housing Asset Fund (“LMIHAF”) for FY 2022-2023 was
audited as part the City’s annual independent audit prepared by Davis Farr LLP. The
City’s FY 2022-2023 Annual Comprehensive Financial Report will be presented to the
City Council in February 2024, including the LMIHAF review. This Annual Report is
separate from the audit and conforms with and is organized into Sections I. through
XIII., inclusive, pursuant to Section 34176.1(f) of the Dissolution Law.
I. Amount Received Pursuant to Section 34191.4 : This section provides a total
amount of funds received pursuant to Section 34191.4(b)(3)(A).
II. Amount Deposited into LMIHAF: This section provides the total amount of
funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited
for items listed on the Recognized Obligation Payment Schedule (ROPS) must
be distinguished from the other amounts deposited.
III. Ending Balance of LMIHAF: This section provides a statement of the fund
balance in the LMIHAF as of the close of the Fiscal Year. Any amounts
deposited for items listed on the ROPS must be distinguished from the other
amounts deposited.
IV. Description of Expenditures from LMIHAF: This section provides a
description of the expenditures made from the LMIHAF during the Fiscal Year.
The expenditures are to be categorized.
V. Statutory Value of Assets Owned by Housing Successor: This section
provides the statutory value of real property owned by the Housing Successor,
the value of loans and grants receivables, and the sum of these two amounts.
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VI. Description of Transfers: This section describes transfers, if any, to another
housing successor agency made in previous Fiscal Year(s), including whether
the funds are unencumbered and the status of projects, if any, for which the
transferred LMIHAF will be used. The sole purpose of the transfers must be for
the development of transit priority projects, permanent supportive housing,
housing for agricultural employees or special needs housing.
VII. Project Descriptions: This section describes any project for which the Housing
Successor receives or holds property tax revenue pursuant to the ROPS and the
status of that project.
VIII. Status of Compliance with Section 33334.16: This section provides a status
update on compliance with Section 33334.16 for interests in real property
acquired by the former redevelopment agency prior to February 1, 2012. For
interests in real property acquired on or after February 1, 2012, provide a status
update on the project.
IX. Description of Outstanding Obligations under Section 33413: This section
describes the outstanding inclusionary and replacement housing obligations, if
any, under Section 33413 that remained outstanding prior to dissolution of the
former redevelopment agency as of February 1, 2012 along with the Housing
Successor’s progress in meeting those prior obligations, if any, of the former
redevelopment agency and how the Housing Successor plans to meet unmet
obligations, if any.
X. Extremely-Low Income Test: This section provides the information required by
Section 34176.1(a)(3)(B), or a description of expenditures by i ncome restriction
for every five-year period, with the initial time period beginning January 1, 2014,
and ending June 30, 2019 and every five years hereafter, and whether the
statutory thresholds have been met.
XI. Senior Housing Test: This section provides the percentage of units of deed-
restricted rental housing restricted to seniors and assisted individually or jointly
by the Housing Successor, its former redevelopment Agency, and its host
jurisdiction within the previous 10 years in relation to the aggregate number of
units of deed-restricted rental housing assisted individually or jointly by the
Housing Successor, its former Redevelopment Agency and its host jurisdiction
within the same time period. For this Report, the ten-year period reviewed is July
1, 2013 to June 30, 2023.
XII. Excess Surplus Test: This section provides the amount of excess surplus in the
LMIHAF, if any, and the length of time that the Housing Successor has had
excess surplus, and the Housing Successor’s plan for eliminating the excess
surplus.
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XIII. Inventory of Homeownership Units: This section provides an inventory of
homeownership units assisted by the former redevelopment agency or the
housing successor that are subject to covenants or restrictions or to an adopted
program that protects the former redevelopment agency’s investment of moneys
from the Low and Moderate Income Housing Fund pursuant to Section
33334.3(f).
Per the requirements of SB 341, once the City Council receives and files the attached
report, the report will be posted publicly on the City’s website at www.tustinca.org. The
former redevelopment agency’s Implementation Plans are posted on the City’s website.
_____________________________
Christopher Koster
Director of Economic Development
Tustin Housing Authority
_____________________________
Jerry Craig
Deputy Director of Economic
Development
Tustin Housing Authority
__________________________
Janine Hernandez
Senior Management Assistant
Tustin Housing Authority
Attachment:
1. Housing Successor FY 2022-2023 Annual Report
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HOUSING SUCCESSOR ANNUAL REPORT
REGARDING THE
LOW AND MODERATE INCOME HOUSING ASSET FUND
FOR FISCAL YEAR 2022-2023 PURSUANT TO
CALIFORNIA HEALTH AND SAFETY CODE SECTION 34176.1(f)
FOR THE
TUSTIN HOUSING AUTHORITY
This Housing Successor Annual Report (Report) regarding the Low and Moderate Income
Housing Asset Fund (LMIHAF) has been prepared pursuant to California Health and Safety Code
Section 34176.1(f) and is dated as of November 21, 2023. This Report sets forth certain details
of the Tustin Housing Authority (Housing Successor) activities during Fiscal Year 2022-2023
(Fiscal Year). The purpose of this Report is to provide the governing body of the Housing
Successor an annual report on the housing assets and activities of the Housing Successor under
Part 1.85, Division 24 of the California Health and Safety Code, in particular sections 34176 and
34176.1 (Dissolution Law).
The following Report is based upon information prepared by Housing Successor staff and
information contained within the independent financial audit of the City of Tustin’s Low and
Moderate Income Housing Asset Fund for Fiscal Year 2022-2023 (Fiscal Year) as prepared by
Davis Farr LLP (Audit), which Audit is separate from this annual summary Report; further, this
Report conforms with and is organized into sections I. through XIII., inclusive, pursuant to Section
34176.1(f) of the Dissolution Law:
I. Amount Received Pursuant to Section 34191.4: This section provides a total amount
of funds received pursuant to Section 34191.4(b)(3)(A).
II. Amount Deposited into LMIHAF: This section provides the total amount of funds
deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed
on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the
other amounts deposited.
III. Ending Balance of LMIHAF: This section provides a statement of the fund balance in
the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on
the ROPS must be distinguished from the other amounts deposited.
IV. Description of Expenditures from LMIHAF: This section provides a description of the
expenditures made from the LMIHAF during the Fiscal Year. The expenditures are to be
categorized.
V. Statutory Value of Assets Owned by Housing Successor: This section provides the
statutory value of real property owned by the Housing Successor, the value of loans and
grants receivables, and the sum of these two amounts.
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VI. Description of Transfers: This section describes transfers, if any, to another housing
successor agency made in previous Fiscal Year(s), including whether the funds are
unencumbered and the status of projects, if any, for which the transferred LMIHAF will be
used. The sole purpose of the transfers must be for the development of transit priority
projects, permanent supportive housing, housing for agricultural employees or special
needs housing.
VII. Project Descriptions: This section describes any project for which the Housing
Successor receives or holds property tax revenue pursuant to the ROPS and the status of
that project.
VIII. Status of Compliance with Section 33334.16: This section provides a status update on
compliance with Section 33334.16 for interests in real property acquired by the former
redevelopment agency prior to February 1, 2012. For interests in real property acquired
on or after February 1, 2012, provide a status update on the project.
IX. Description of Outstanding Obligations under Section 33413: This section describes
the outstanding inclusionary and replacement housing obligations, if any, under Section
33413 that remained outstanding prior to dissolution of the former redevelopment agency
as of February 1, 2012, along with the Housing Successor’s progress in meeting those
prior obligations, if any, of the former redevelopment agency and how the Housing
Successor plans to meet unmet obligations, if any.
X. Extremely-Low Income Test: This section provides the information required by Section
34176.1(a)(3)(B), or a description of expenditures by income restriction for every five-year
period, with the initial time period beginning January 1, 2014, and ending June 30, 2019,
and whether the statutory thresholds have been met.
XI. Senior Housing Test: This section provides the percentage of units of deed-restricted
rental housing restricted to seniors and assisted individually or jointly by the Housing
Successor, its former Redevelopment Agency, and its host jurisdiction within the previous
10 years in relation to the aggregate number of units of deed-restricted rental housing
assisted individually or jointly by the Housing Successor, its former Redevelopment
Agency and its host jurisdiction within the same time period. For this Report, the ten-year
period reviewed is July 1, 2013, to June 30, 2023.
XII. Excess Surplus Test: This section provides the amount of excess surplus in the
LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus,
and the Housing Successor’s plan for eliminating the excess surplus.
XIII. Inventory of Homeownership Units: This section provides an inventory of
homeownership units assisted by the former redevelopment agency or the housing
successor that are subject to covenants or restrictions or to an adopted program that
protects the former redevelopment agency’s investment of moneys from the Low and
Moderate Income Housing Fund pursuant to Section 33334.3(f).
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This Report is to be provided to the Housing Successor’s governing body by December 31, 2023.
In addition, this Report and the former redevelopment agency’s pre-dissolution Implementation
Plans are to be made available to the public on the City’s website, www.tustinca.org.
I. AMOUNT RECEIVED PURSUANT TO SECTION 34191.4
The Housing Successor did not receive any funds pursuant to Section 34191.4(b)(3)(A).
II. AMOUNT DEPOSITED INTO LMIHAF
A total of $27,840 was deposited into the LMIHAF during the Fiscal Year.
III. ENDING BALANCE OF LMIHAF
At the close of the Fiscal Year, the ending fund balance in the LMIHAF was $353,332 of which
there are no funds held for items listed on the ROPS.
IV. DESCRIPTION OF EXPENDITURES FROM LMIHAF
The following is a description of expenditures from the LMIHAF by category:
Fiscal Year
Monitoring & Administration Expenditures $449,862.17
Homeless Prevention and Rapid Rehousing
Services Expenditures
$0
Housing Development Expenditures
Expenditures on Low Income Units
Expenditures on Very-Low Income Units
Expenditures on Extremely-Low Income Units
Total Housing Development Expenditures
$0
Total LMIHAF Expenditures in Fiscal Year $449,862.17
V. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property”
means the value of properties formerly held by the former redevelopment agency as listed on the
housing asset transfer schedule approved by the Department of Finance as listed in such
schedule under Section 34176(a)(2), the value of the properties transferred to the Housing
Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by
the Housing Successor. Further, the value of loans and grants receivable is included in these
reported assets held in the LMIHAF.
The following provides the statutory value of assets owned by the Housing Successor:
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As of End of
Fiscal Year
Statutory Value of Real Property Owned by Housing Authority N/A
Value of Loans and Grants Receivable
- Multifamily Loans $362,840
- Affordable Housing Promissory Notes $92,478,647
Promissory Note Allowance (95% of Notes forgivable) ($87,854,715)
Total Value of Housing Successor Assets $4,986,772
Affordable Housing Promissory Notes: The City has executed promissory notes with 279
affordable home buyers to facilitate the preservation of the City’s affordable housing supply. The
entire unpaid principal amount and accrued interest is due 46 years from the date of the initial sale
of the Unit (execution of the original Affordable Housing Covenant) at 5% interest per annum of the
current promissory note. No prepayment of the note in whole, or in part, is allowed any time prior
to the maturity date. Additionally, 95% of the promissory note is forgivable, should the owner comply
with the Affordable Housing Covenant as of the maturity date. As of June 30, 2023, the total
outstanding principal balance of the 279 promissory notes was $92,478,647.
VI. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s)
under Section 34176.1(c)(2) during the Fiscal Year.
VII. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue pursuant to the ROPS.
VIII. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property
acquired by the Housing Successor on or after February 1, 2012; however, this Report presents
a status update on the project related to such real property.
With respect to interests in real property acquired by the former redevelopment agency prior to
February 1, 2012, the time periods described in Section 33334.16 shall be deemed to have
commenced on the date that the Department of Finance approved the property as a housing asset
in the LMIHAF; thus, as to real property acquired by the former redevelopment agency now held
by the Housing Successor in the LMIHAF, the Housing Successor must initiate activities
consistent with the development of the real property for the purpose for which it was acquired
within five years of the date the DOF approved such property as a housing asset.
The following provides a status update on the real property or properties housing asset(s) that
were acquired prior to February 1, 2012 and compliance with five-year period:
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Address of Property Date of Acquisition Deadline to Initiate
Development Activity
Status of Housing
Successor Activity
14554 Newport
Avenue, #3, Tustin
(Moderate Income
Unit)
5/26/2011 N/A Sold to Moderate
Income Family,
12/2/2013
The following provides a status update on the project(s) for property or properties that have been
acquired by the Housing Successor using LMIHAF on or after February 1, 2012:
Address of Property Date of Acquisition Deadline to Initiate
Development Activity
Status of Housing
Successor Activity
14542 Newport
Avenue, #3, Tustin
(Moderate Income
Unit)
8/9/2013 N/A On June 7, 2016, the
Housing Authority
Commission
authorized the sale at
market rate. In FY
2016-2017, the sale of
the unit resulted in
proceeds of $435,106
for the LMIHAF.
27 Look Out Lane,
Tustin (Low Income
Unit)
11/24/2015 N/A On June 7, 2016, the
Housing Authority
Commission
authorized the sale at
market rate. In FY
2016-2017, the sale of
the unit resulted in
proceeds of $452,677
for the LMIHAF.
1345 Sun Dial Drive,
Tustin (Very Low
Income Unit)
08/10/2017 N/A On September 19,
2017, the Housing
Authority Commission
authorized the sale at
market rate. In FY
2017-2018, the sale of
the unit resulted in
proceeds of $569,886
for the LMIHAF.
370 Flyers Lane,
Tustin (Low Income
Unit)
02/14/2018 N/A On March 7, 2018, the
Housing Authority
Commission
authorized the sale at
market rate.
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In FY 2018-2019, the
sale of the unit
resulted in proceeds
of $487,806 for the
LMIHAF.
IX. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413
Replacement Housing: According to the Fourth Five-Year Implementation Plan for the Town
Center and South Central Redevelopment Project Areas (FY 2010-2011 to FY 2014-2015) and the
Second Five-Year Implementation Plan for the MCAS Tustin Redevelopment Project Area (FY
2008-2009 to FY 2012-2013) for the former redevelopment agency, no Section 33413(a)
replacement housing obligations were transferred to the Housing Successor. The former
redevelopment agency’s Implementation Plans are posted on the City’s website at
www.tustinca.org, under Successor Agency.
Inclusionary/Production Housing. According to the Fourth Five-Year Implementation Plan for
the Town Center and South Central Redevelopment Project Areas (FY 2010-2011 to FY 2014-
2015) and the Second Five-Year Implementation Plan for the MCAS Tustin Redevelopment
Project Area (FY 2008-2009 to FY 2012-2013) for the former redevelopment agency, no Section
33413(b) inclusionary/production housing obligations were transferred to the Housing Successor.
The former redevelopment agency’s Implementation Plans are posted on the City’s website at
www.tustinca.org, under Successor Agency.
X. EXTREMELY-LOW INCOME TEST
Section 34176.1(a)(3)(A) requires that the Housing Successor expend at least 30% of the
LMIHAF used for affordable housing development on rental housing affordable to and occupied
by households earning 30% or less of the AMI. If the Housing Successor fails to comply with the
Extremely-Low Income requirement in any five-year report, then the Housing Successor must
ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year
following the latest fiscal year following the report on households earning 30% or less of the AMI
until the Housing Successor demonstrates compliance with the Extremely-Low Income
requirement. The first 5-year period the Housing Successor was required to report compliance
with Section 34176.1(a)(3)(A) was 2014-2019 and every five years hereafter.
There are no replacement housing obligations.
There are no inclusionary housing obligations.
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XI. SENIOR HOUSING TEST
The Housing Successor is to calculate the percentage of units of deed-restricted rental housing
restricted to seniors and assisted by the Housing Successor, the former redevelopment agency
and/or the City within the previous 10 years in relation to the aggregate number of units of deed-
restricted rental housing assisted by the Housing Successor, the former redevelopment agency
and/or City within the same time period. If this percentage exceeds 50%, then the Housing
Successor cannot expend future funds in the LMIHAF to assist additional senior housing units
until the Housing Successor or City assists and construction has commenced on a number of
restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.
The following provides the Housing Successor’s Senior Housing Test for the 10-year period of
July 1, 2013 to June 30, 2023:
Senior Housing Test July 1, 2013 to June 30, 2023
# of Assisted Senior Rental Units 0
# of Total Assisted Rental Units 262
Amalfi 37
Anton Legacy 225
Senior Housing Percentage 0%
XII. EXCESS SURPLUS TEST
Excess Surplus is defined in Section 34176.1(d) as an unencumbered amount in the account that
exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the
account during the Housing Successor’s preceding four Fiscal Years, whichever is greater.
The following provides the Excess Surplus test for the preceding four Fiscal Years:
Year
FY 2019/20
FY 2020/21
FY 2021/22
FY 2022/23
Beginning
Balance
$2,482,972.85 $1,867,400.05 $1,203,129.83 $718,343.75
Add: Deposits $93,224.85 $66,156.87 $27,973.51 $37,132.25
(Less)
Expenditures
($708,797.65) ($730,427.09) ($512,759.59) ($461,350.56)
Ending Cash
Balance
$1,867,700.05 $1,203,129.83 $718,343.75 $294,125.44
The Housing Successor only utilized funds for administration and monitoring of housing
units subject to affordable housing agreements. There were no funds expended for the
development of rental housing during FY 2022-2023. The Housing Successor was in
compliance with Section 34176.1(a)(3)(A) for the first 5-year reporting period, 2014-2019,
and remains in compliance in FY 2022-2023.
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(NOTE: The Deposits & Expenditures information in this Section XII is prepared using the cash
basis of accounting. They differ from the Deposits & Expenditures information in Sections II,
III, & IV, which is prepared using the modified accrual basis of accounting.)
Given that the Housing Successor has 32 years remaining of monitoring our 279 housing units,
47 years of monitoring our 415 affordable rental units, and there is no other funding source for
monitoring and administrative expenses, the balance of funds is encumbered and there is no
Excess Surplus.
XIII. INVENTORY OF HOMEOWNERSHIP UNITS
(A) Based on reporting requirements as of June 30, 2023, our inventory of homeownership
units is 279.
(B) Since February 1, 2012, the number of units lost to the portfolio is thirty: one first time
homebuyer loan paid off on an affordable unit; two rehabilitation loans paid off on single
family units; one rehabilitation loan on a single-family unit lost to foreclosure; five single
family units lost to foreclosure; and twenty-one units lost due to expiration of affordable
housing covenants.
(C) There were no payments received in Fiscal Year 2022-2023.
(D) The Housing Successor does not contract with an outside entity to manage our units.
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