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BUYING OR SELLING AN INCOME
RESTRICTED UNIT
The following data was compiled
to assist in the sale or purchase
of an affordable home. The goal
of this information is to clarify
the process and ensure the requirements
are followed in an appropriate and
timely manner.
How do I know if the house
I want to purchase has Affordable
Housing Restrictions?
There are several Affordable Housing
Developments located in the City
of Ventura with resale controls.
Details of these developments can
be viewed below.
Where are affordable units
located?
Click Here to see a map of housing
locations and property information.
Affordable Housing Development
Legal Documents
The chart below lists the applicable
legal documents that stipulate the
affordable housing restrictions
for each development. The documents
are recorded with the County Recorder’s
Office. If you are interested in
viewing a specific development’s
Affordability Restrictions, please
click on the appropriate link below.
Country Groves / County
Harvest
- Legal Document :
CC&R's
- 1st Amendment : N/A
- 2nd Amendment : N/A
- Restricted to 1st Time Homebuyer
: Yes
La Paloma
Los Cabos
Northbank Greens
Seneca Gardens
Seneca Highland
Harmony
- Legal Document :
Declaration
- 1st Amendment : N/A
- 2nd Amendment : N/A
- Restricted to 1st Time Homebuyer
: No
Melody
- Legal Document :
Declaration
- 1st Amendment : N/A
- 2nd Amendment : N/A
- Restricted to 1st Time Homebuyer
: No
Bella Vista
- Legal Document :
Declaration
and CC&R's
- 1st Amendment : N/A
- 2nd Amendment : N/A
- Restricted to 1st Time Homebuyer
: No
Mayfair
- Legal Document :
Declaration
- 1st Amendment : N/A
- 2nd Amendment : N/A
- Restricted to 1st Time Homebuyer
: No
Procedures to Follow When
Buying or Selling a Home
What to do if you are the
Seller
When the decision is made to place
your home on the market, you must
file a letter called a
Notice
of Intent to Sell with the Affordable
Housing Program. Use the form or
write a letter. The letter should
contain the following information:
- State your intent to sell.
- Provide the address of the
house for sale.
- The date escrow closed when
current owner purchased the
property.
- The purchase price of the
property at the close of escrow,
when the current owner purchased
the property.
- The number of bedrooms.
- Provide legal names and
signatures.
- Attach a copy of the escrow
settlement statement, or tax
report, as supporting documentation
of the home purchase price.
*Please be
aware that escrow must not open
until all information is received
and found acceptable.
What to do if you have a
potential buyer
Sellers or Agents acting for the
sellers need to do the following:
- Screen potential buyers
by using the income chart.
- Make sure the buyer’s income
does not exceed the maximum
allowable household income limit.
- Make sure that the buyer
is aware of the
Affordable
Housing Restrictions applicable
to their tract.
The letter should be sent via return
receipt to:
Housing Authority of the City of
San Buenaventura
Affordable Housing Program
995 Riverside Street
Ventura, CA 93001
Or hand carried to:
Housing Authority of the City of
San Buenaventura
Affordable Housing Program
995 Riverside Street
Ventura, CA 93004
Who to Contact
If you wish to speak with someone
regarding selling an affordable
unit, please contact:
Susan Everett
Affordable Housing Program
Manager
Phone: (805) 648-5008 Ext. 2257
severett@hacityventura.org
Maximum
Allowable Household Income
(Based on combined adult income
for the total number of People residing
in Household)
Effective December 11, 2012.
Low Income (80% AMI)
|
Number in Household
|
Income Limit
|
|
1
|
$48,950 |
|
2
|
$55,950
|
|
3
|
$62,950
|
|
4
|
$69,900
|
|
5
|
$75,500
|
|
6
|
$81,100
|
|
7
|
$86,700
|
|
8
|
$92,300
|
Moderate Income (110% AMI)
|
Number in Household
|
Income Limit
|
|
1
|
$66,750
|
|
2
|
$76,300
|
|
3
|
$85,850
|
|
4
|
$95,350
|
|
5
|
$103,000
|
|
6
|
$110,650
|
|
7
|
$118,250
|
|
8
|
$125,900
|
|
|
|
What to do if you are a Buyer
The Housing Authority of the City of San
Buenaventura has a list of pre-qualified
buyers who have expressed interest in purchasing
affordable housing. The interested buyers
may meet the income requirements necessary
to purchase your home. Please be aware
this is not a guarantee of income verification
or that the interested buyer can qualify
for a First Trust Deed Mortgage. If
you are interested in having your name placed
on the interested buyers list, read the
requirements below and complete the
Interested Affordable Homebuyers Intake
Form. Return the completed form
to the Housing Authority of the City of
San Buenaventura, 995 Riverside Street, Ventura, CA 93001.
To receive a list of pre-qualified buyers,
please contact
Susan Everett, Affordable Housing
Program Manager at (805)648-5008 Ext.
2257.
There are certain requirements
you need to meet if you are interested in
purchasing an income-restricted unit.
- Your income must not exceed the
maximum allowable household income limit
(please review the “What Income Verification
is Required from the Buyer” below).
Maximum Allowable Household
Income (see below)
- Within 5 days of opening escrow
the HACSB should be contacted by either
the buyer or the listing agent by submitting
the completed signed original
Affordable
Housing Program application along
with the requested documentation.
- Within 10 days of opening escrow
the buyer needs to submit all required
income documentation to the City.
For some developments there is a requirement
that you be a first time homebuyer. You
cannot have had an ownership interest in
a principal residence in the preceding three
(3) years to be considered a first time
homebuyer.
What Income Verification is Required
from the Buyer?
The buyer is required to submit a complete
signed original
Affordable
Housing Program application and the
requested documentation
Copies of the following are required to
be submitted as verification of income for
all adult occupants of the buyer’s household.
Any person in the household over the age
of 18 who earns income must be included
in the calculation of maximum household
income. Any person whose income is used
to qualify for the purchase of the property
must have a vested interest in the property
income is calculated using gross income:
- Most recent pay stubs for all adult
wage earners of the household, regardless
of who will be showing on title.
- Previous 3 years of W-2’s and federal
income tax returns, including all corresponding
Schedules and forms. The income
tax and W-2 documents must be submitted
to the HACSB within 10 days of opening
escrow.
- Current statements for all bank
accounts including checking and savings.
- Current statements for all household
assets.
'Household Assets' means the value
of a household's savings and equity
in stocks, bonds, real property
(minus debt), or other forms of
capital investment. 'Assets' does
not include items that are reasonably
necessary for the personal use of
the household, such as personal
effects, furniture, appliances,
automobiles, and real or personal
property used in a business or undertaking
which is a primary source of livelihood
for such household. Restricted accounts,
such as IRA's, 401(k)'s, SEPs and
pension funds will not be used to
calculate total amount of assets,
but will be used to calculate household
income, if a household is currently
drawing down from such account(s).
- Lenders Underwriting Analysis (HUD
form 1008 and 1003). Please note that
there are certain loan products that
will not be accepted in conjunction
with the sale of its affordable units.
These loan products include Stated Income,
First Trust Deeds with a Balloon Payment,
Interest Only, Negative Amortization,
and CalHFA.
Meeting the Compliance Certificate
Requirements
In order for the sale of a city affordable
property to be completed, the HACSB must
approve and issue a Certificate of Compliance.
The HACSB has 35 days from notification
that escrow has opened to issue a Certificate
of Compliance, provided that all requirements
have been met. The following are the items
that need to be reviewed and approved by
the HACSB before the issuance of a Compliance
Certificate to the escrow company:
- Seller has furnished the HACSB with
a Letter of Intent to Sell and all required
information. (Numbers 1-8 under the
“What to do if you are the Seller” section)
- Buyer has provided the HACSB with
the Affordable
Housing Program application and
requested documentation
- Buyer has provided proof of income
and asset documentation which is received
within 10 days of escrow opening.
- HACSB has verified that Buyer meets
the income eligibility requirements.
- HACSB has received a copy of the
Purchase Agreement, and any amendments,
Escrow Instructions (if applicable),
Buyer’s Vesting Interest in Property,
Lender’s 1008 and 1003 form, and Legal
- Description of property.
- Buyer has signed request for a Notice
of Delinquency form.
- The purchase price of the home does
not exceed Maximum Allowable Housing
Price.
When the above requirements have been met
HACSB issues the Certificate of Compliance.
Important dates to keep in mind:
- Prior to opening escrow, the seller
must submit a complete Notice of Intent
to Sell packet (Numbers 1-8 under the
“What to do if you are the Seller” section
below) to the HACSB.
- Within 5 days of opening escrow
the HACSB should be contacted by either
the buyer or the listing agent by submitting
the completed signed
Affordable
Housing Program application and
the requested income and asset documentation.
- The HACSB has 35 days from notification
that escrow has opened to issue a Certificate
of Compliance, provided that all requirements
have been met.
Who to Contact
If you are interested in completing the
Interested Buyer Form, please send your
contact information to:
severett@hacityventua.org.
If you wish to speak with someone regarding
income qualifications and/or compliance
certificate requirements, please contact:
Susan Everett
Affordable Housing Program Manager
Phone: (805) 648-5008 Ext. 2257
severett@hacityventura.org
Maximum Allowable
Sales Price for Low-Income Units
Based on an equation definedin the Declaration
of Covenants, Conditions and
Restrictions and incorporates the income
for the total number of people residing
in the household and the FNMA interest
rate when HUD publishes the Area Median
Income
*Effective December 11, 2012
| 1 Bedroom |
2 Bedroom
|
3 Bedroom
|
4 Bedroom |
| $308,639 |
$347,253 |
$385.592 |
$447,374 |
Maximum Allowable
Sales Price for Moderate-Income Units
| 1 Bedroom |
2 Bedroom
|
3 Bedroom
|
4 Bedroom |
| $420,896 |
$473,577 |
$525,982 |
$610,382 |
How is the Maximum Housing Price
Calculated?
The calculation of the maximum allowable
sales price is based on the following factors:
- Area median income (published annually
by the Department of Housing & Urban
Development (HUD)), adjusted for family
size (3 person for 2-bedroom homes,
5 person for 3-bedroom homes, and 6-person
for 4-bedroom homes), and
- Interest rates (FNMA 60-day rate
for a 30-year fixed mortgage)
-
For purpose of calculation, a 10% down
payment is assumed, a loan consisting
of principal and interest is allowed
to be 25% of a family’s income. On the
date the area median income figures
are published by HUD, we also verify
the FNMA 60-day rate for a 30-year mortgage.
A margin of .125 is added to the published
rate. Based on that interest rate, the
allowable 25% of a family’s income loan
amount can be calculated. The maximum
allowable sales price is achieved, by
adding the 10% down payment to the maximum
supportable mortgage.
- Maximum sales price of your home
can either be the current maximum sales
price cap or the purchase price of the
home, whichever is greater.
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