Section 8 Homeownership Program
SECTION 8 HOMEOWNERSHIP PROGRAM
1.0 INTRODUCTION
This administrative plan has been prepared as an addendum to the existing Section 8 Administrative Plan.
This Plan addresses those areas that are pertinent to only the Homeownership Program. Areas not addressed herein may be found in the overall plan.
So as to avoid restating the applicable laws, the following is the list of written guidelines in descending order of authoritativeness:
42 U.S.C. 1437 et .seq.
24 CFR 982 et. seq.
HUD requirements
Homeownership Administrative Plan
Section 8 Administrative Plan
2.0 PURPOSE
A. The Section 8 Homeownership Program (“Program”) of the Delaware Metropolitan Housing Authority (DMHA) permits participants who (1) meet the general requirements for admission into the DMHA Section 8 Housing Choice Voucher Program, including participants with portable vouchers, and (2) satisfy the additional special requirements for homeownership assistance described herein, the option of purchasing a home with their Section 8 assistance rather than renting.
The specific objectives of this program are:
Expansion of housing opportunities for low-income, handicapped and disabled DMHA families.
Permitting DMHA families to acquire appreciable assets, moving toward the goal of economic self-sufficiency and eventual independence from the government assistance programs.
B. Participants for the program must be on the wait list for the voucher program and must have a current up-to-date application to deem eligibility for the Homeownership Program; may not owe DMHA or any other Housing Authority an outstanding debt; and must meet the other minimum eligibility criteria set herein.
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C. All civil rights law applicable to the Section 8 voucher program is applicable to the program. DMHA will comply with all equal opportunity and nondiscrimination requirements imposed by contract or federal and state law.
3.0 HOUSEHOLD ELIGIBILITY REQUIREMENTS
Participation in the Program is voluntary. Each Section 8 home ownership participant must meet the general requirements for admission to the Section 8 Housing Choice Voucher Program as set forth in DMHA Administrative Plan. Such Section 8 family also must be “eligible” to participate in the homeownership program. The additional eligibility requirements for participation in DMHA’s Section 8 homeownership program include that the family must: (A) be a first-time homeowner or have a member who is a person with disabilities; (B) with the exception of elderly and disabled households, meet a minimum income requirement without counting income from “welfare assistance” sources; (C) with the exception of elderly and disabled households, meet the requisite employment criteria; (D) all applicants and participants in the Section 8 Housing Choice Voucher Program shall be deemed eligible for participation in the Homeownership Program; (E) have fully repaid any outstanding debt owed to DMHA or any other Housing Authority; (F) not defaulted on a mortgage securing debt to purchase a home under the homeownership option; (G) not have any member who has a present ownership interest in a residence at the commencement of homeownership assistance; and, (H) agree to participate in a mandatory post purchase Individual Savings Account program for repairs and maintenance.
A. First-Time Homeowner.
Each Section 8 family, except families with a disabled member, must be a first-time homeowner. A “first-time homeowner” means the no member of the household has any present ownership interest in a residence during the three years preceding commencement of homeownership assistance. However, a single parent or displaced homemaker who, while married, owned a home with a spouse (or resided in a home owned by a spouse) is considered a “first-time homeowner” for purposes of the Section 8 homeownership option. A member of a cooperative (as defined in (CFR 982.4) also qualifies as a “first-time homeowner”.
“Present ownership interest” means that no member of the household had an “interest in the home” including title to the home or any lease or other right to occupy the home. It does not include the right to purchase title to the residence under a lease-purchase agreement.
.B. Minimum Income Requirement.
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(1) Amount of Income.
At the time family begins receiving homeownership assistance, the head of household, spouse, and/or other adult household members who will own the home, must have a gross annual income at least equal to the Federal minimum hourly wage multiplied by 2000 hours.
(2) Exclusion of Welfare Assistance Income.
With the exception of elderly and disabled families, DMHA will disregard any “welfare assistance” income in determining whether the family meets the minimum income requirement. Welfare assistance includes assistance from Temporary Assistance for Needy Families (“TANF”); Supplemental Security Income (“SSI”) that is subject to an income eligibility test; food stamps; general assistance; or other welfare assistance specified by HUD. The disregard of welfare assistance income under this section affects the determination of minimum monthly income in determining initial qualification for the homeownership program. It does not affect the determination of income-eligibility for admission to the section 8 Housing Choice Voucher Program, calculation of the family’s total tenant payment, or calculation of the amount of homeownership assistance payments.
C. Employment History.
With the exception of disabled and elderly households, each family must demonstrate that one or more adult members of the family who will own the home at commencement of homeownership assistance is employed full-time (an average of 30 hours per week) and has been so continuously employed for one year prior to execution of the sales agreement. In order to reasonably accommodate a family’s participation in the program, DMHA will exempt a person who is elderly or who is disabled from this requirement. DMHA may also consider whether and to what extent an employment interruption is considered permissible in satisfying the employment requirement. DMHA may also consider successive employment during the one-year period and self-employment in a business. Every adult in a non-exempt household will have the requirement of either being a full time student or being employed full time (30 hours per week) or providing care to a child or disabled person full time or be elderly or disabled.
D. Applicants and Participants Eligibility
All applicants and participants in the Section 8 Housing Choice Voucher Program shall be deemed eligible for participation in the Section 8 homeownership program assuming they have met all the other eligibility requirements. Any participants from another jurisdiction may be eligible for the Section 8 homeownership program as long as they have gone through proper procedures for
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transfer to DMHA with current and up-to-date necessary information. DMHA cannot accept applicants from other jurisdictions for eligibility in the homeownership program.
E. Repayment of Any Housing Authority Debts
Participants in the Section 8 Housing Choice Voucher Program shall be ineligible for participation in the Section 8 homeownership program in the event any debt or portion of a debt remains owed to DMHA or any other Housing Authority. Nothing in this provision will preclude Section 8 participants that have fully paid such debt (s) from participating in the Program.
F. Additional Eligibility Factors
(1) Elderly and Disabled Households
Elderly and disabled families are exempt from the employment requirements set forth in Section 3. C. above. Families who are considered elderly and disabled are also exempt from the $10,300 yearly minimum income that non-elderly and non-disabled families must meet for eligibility, but will be rreduced to the established national standard for disabled families. This minimum income standard for such families will be equal to the monthly Federal Supplemental Security Income benefit for an individual living alone (or paying his or her share of food and housing costs multiplied by twelve.
(2) Participation in FSS Program
Applicants, other than those who are elderly or disabled households, will be required to participate in DMHA Family Self Sufficiency (“FSS”) program. Fannie Mae allows FSS participation to be considered as a compensating factor for borrowers with less than 24 months of employment.
(3) Prior Mortgage Defaults
If a head of household, spouse, or other adult household member, who will execute the contract of sale, mortgages and loan documents has previously defaulted on a mortgage obtained through the Program, the family will be ineligible to participate in the Program.
(4) The family has not been in the “termination of assistance” process more than once in the last two years.
(5) The family has a statement of “certification” from a DMHA approved housing counseling program at the time of the homeownership briefing. “Certification” requires a current credit statement that meets the agency’s standard for completion.
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(6) Head of household and any other adult who is applying for a mortgage loan and/or will be on the deed will be determined before commencement of homeownership assistance.
4.0 FAMILY PARTICIPATION REQUIREMENTS
Once a family is determined to be eligible to participate in the program, it must comply with the following additional requirements: (A) complete a homeownership assistance application; (B) within a specified time, locate the home it proposes to purchase; (C) submit a sales agreement containing specific components to DMHA for approval; (D) allow DMHA to inspect the proposed home to assure that the dwelling meets appropriate housing quality standards; (E) obtain an independent inspection, from a DMHA approved inspector, covering major building systems; (F) obtain DMHA approval of the proposed mortgage (which must comply with generally accepted mortgage underwriting requirements);
And (G) enter into a written agreement with DMHA to comply with all of its obligations under the Section 8 program.
A. Home Ownership Counseling Program.
A family’s participation in the Program is conditioned on the family attending and successfully completing a homeownership and housing counseling program provided or approved by DMHA prior to commencement of homeownership assistance. The homeownership and counseling program will cover home maintenance; budgeting and money management; credit counseling; negotiating purchase price; securing mortgage financing; finding a home; and the advantages of purchasing and locating homes in areas that do not have a high concentration of low-income families.
DMHA will require homeownership families to take post-purchase counseling if the Housing Authority deems necessary.
B. Purchasing a Home
Upon approval for the Program, a family shall have one hundred eighty (180) days to locate a home to purchase. A home shall be considered located if the family submits a proposed sales agreement with the requisite components to DMHA. For good cause, DMHA may extend a Section 8 family’s time to locate the home for additional thirty
(30) day increments. During a Section 8 participant’s search for a home to purchase, their Section 8 rental assistance shall continue pursuant to the Administrative Plan. If a Section 8 participant family is unable to locate a home within the time approved by DMHA, their Section 8 rental assistance through the Section 8 housing choice voucher program shall continue. Once a home is located and a sales agreement approved by DMHA is signed by the family, the family shall have up to three (3) months, or such
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other time as is approved by DMHA’s Executive Director or set forth in the DMHA-approved sales agreement, to purchase the home.
C. Failure to Complete Purchase
If a Section 8 participant is unable to purchase the home within the maximum time permitted by DMHA, DMHA shall continue the family’s participation in the Section 8 Housing Choice Voucher Program. The family may not re-apply for the Program until they have completed an additional year of participation in the Section 8 Housing
Choice Voucher Program following the initial determination of their eligibility for the home ownership option.
5.0 ELIGIBLE UNITS
A. Type of Home.
An eligible family may purchase any of the following types of homes: a new or existing single-family home, a single dwelling unit in a condominium or cooperative, or a manufactured home to be permanently situated on a lot owned by the family or have the right to occupy the site for a period of at least 40 years and of which the home must have a permanent foundation in conformance with FHA mortgage insurance requirements and manufactured home lending industry practice.
Eligible families may also purchase units owned or substantially controlled by the DMHA. Such a transaction may only be done if:
(1) the Housing Authority informs the family, both orally and in writing, that the family has the right to purchase any eligible unit and a DMHA-owned unit is freely selected by the family without the Housing Authority’s pressure or steering;
(2) the unit may not be ineligible housing;
(3) the Housing Authority must obtain the services of an independent agency to perform the following functions:
- Inspection of the unit for HQS compliance
- Review the independent report
- Review of the contract of sale
- Determination of the reasonableness of the sales price and any PHA provided financing.
New homes must already be under construction at the time the family enters into the contract of sale to be accepted as eligible for purchase.
B. Location
The family may purchase a home in Delaware County, or in an Ohio county other than Delaware County, provided the Housing Authority in the receiving county operates a Section 8 homeownership program for which the Section 8 homeownership applicant qualifies or authorizes DMHA to administer the
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homeownership assistance in such county. In the former case, a family’s participation in the Section 8 homeownership program and policies of the receiving jurisdiction.
C. Home Inspections. Prior to the commencement of homeownership assistance, the home is subject to the following inspections:
(1) DMHA must inspect the home and determine that the home meets housing quality standards.
(2) In addition to satisfying HQS, the home must be inspected by an independent inspector designated by the family and approved by DMHA.
(3) The independent inspection of existing homes must cover major building systems. DMHA will not pay for the independent inspection. A copy of the independent inspection report must be provided to DMHA. DMHA may disapprove the unit due to information contained in the report or for
failure to meet federal housing quality standards.
(4) DMHA will maintain a list of independent inspectors that meet the inspection standards set by the American Society of Home Inspectors, and other criteria established by DMHA.
(5) All deficiencies must be repaired prior to purchase using the model of FHA required repairs.