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.

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.

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. The letter should contain the following information:

Letter - Notice of Intent to Sell 

1. State your intent to sell.
2. Provide the address of the house for sale.
3. The date escrow closed when current owner purchased the property.
4. The purchase price of the property at the close of escrow, when the current owner purchased the property.
5. The number of bedrooms.
6. Provide legal names and signatures.
7. 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
11122 Snapdragon Street, Suite 100
Ventura, CA 93004

Or hand carried to:
Housing Authority of the City of San Buenaventura
Affordable Housing Program
11122 Snapdragon Street, Suite 100
Ventura, CA 93004

View Map

If you wish to speak with someone regarding selling an affordable unit, please contact:

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, 11122 Snapdragon Street, Suite 100, Ventura, CA 93004.

To receive a list of pre-qualified buyers, please contact Susan Everett, Affordable Housing Program Director at (805)647-5990 Ext. 234.

There are certain requirements you need to meet if you are interested in purchasing an income-restricted unit.

1. 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)
   
2. 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 Buyer Information Sheet and Household Composition Sheet.
   
3. 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?

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:

1. Most recent pay stubs for all adult wage earners of the household, regardless of who will be showing on title.
   
2. Previous 2 years of tax returns and W-2’s. If a buyer is self-employed, we will require copies of the 3 most recent 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.
   
3. 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.
   
   *Imputed interest income from all accounts, including assets and restricted accounts, will be calculated by multiplying the total amount of assets over $5,000 by the most current HUD passbook rate (2%) available and added to the total household income.
   
   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)

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 City before the issuance of a Compliance Certificate to the escrow company:

1. 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)
   
2. Buyer has provided the HACSB with the Buyer Information Sheet and Household Composition Sheet within 5 days after escrow has opened.
   
3. Buyer has proof of income and asset documentation received within 10 days of escrow opening.
   
4. HACSB has verified that Buyer meets the income eligibility requirements.
   
5. 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.
   
6. Buyer has signed a Notice of Delinquency form.
   
7. The purchase price of the home does not exceed Maximum Allowable Housing Price.
   
8. 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 original Buyer Information Sheet and Household Composition Sheet.
  
• Within 10 days of opening escrow the buyer needs to submit all required income documentation to the HACSB.
  
• 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: ahp@hacityventua.org. 
If you wish to speak with someone regarding income qualifications and/or compliance certificate requirements, please contact:

Maximum Allowable Sales Price for Low-Income Units
(Based on combined adult income for the total # of people residing in Household)
*Effective March 11, 2008.

Maximum Allowable Sales Price for Moderate-Income Units
*Effective April 2, 2008.

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 (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.

Effective March 11, 2008.


To Purchase a Low Income Unit (80 percent of Area Median Income.  (AMI))

To Purchase a Moderate Income Unit (110 percent of AMI)

Buyer Information Sheet (PDF)
Household Composition Sheet (PDF)