It has come to our attention that a need exists for low rent housing units in the Town of Amherst, Erie County, New York. Amherst, with a population in excess of 100,000, has a number of multifamily developments 30 to 40 years of age requiring modernization of mechanical systems and general refurbishment. The investment for the modernization, however, cannot be supported by the marketplace. Subsidies under the subject program would both preserve basically sound housing in Amherst and provide affordable housing for the needy low income families of the community. Therefore, the New York State Housing Finance Agency requests that funds under the subject program be set aside for 316 housing units in the Town of Amherst, Erie County, New York. Inquiries regarding this request could be addressed to Eugene Meyers, Deputy Director. Sincerely, What H Robert Harris RH:bp cc: Eugene Meyers bc: Deborah Dean Executive Assistant to the Secretary OFFICE OF THE ASSISTANT SECRETARY FOR U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OCT 191987 MEMORANDUM FOR: Madeline Hastings, Director Existing Housing Division, HMAE FROM: R. Hunter Cushing, Deputy Assistant Secretary SUBJECT: Request for Waiver of Section 8 Moderate Rehabilitation I have taken considerable time reviewing the response that you prepared for my signature and background materials pertaining to the subject. You have presented significant points as to how the New York State Housing Finance Agency deviated from the normal course of the Moderate Rehabilitation process. This seriously concerns me. What also concerns me, however, is that this project is HUDinsured under the Section 221(d)(4). Without granting this waiver the Department would be jeopardizing the financial security of this project and could possibly face a huge claim to the FHA insurance fund. I have weighed each factor and have determined that I will recommend to the Assistant Secretary the approval of this waiver request. In our response to Joseph D. Monticciolo, I have advised him of the New York State Housing Finance Agency's serious need for training of the requirements and procedures of the Moderate Rehabilitation Program. I have directed him in the waiver approval to commence such training as soon as possible. Enclosed please find your completed and properly executed Section 8 contract on the above-captioned project. May we remind you that you must make arrangements with the Loan Management Section of this office for an inspection of every unit to be covered by this contract prior to your first submission of the AUD 52670 and 52670A, Requesting Assistance Payments. In addition, the owner and each family shall certify on HUD Form 52580 that they have inspected the unit and found it to in accordance with the criteria provided in the subject form. Please be informed that HUD Form 52659, Application for Tenant Eligibility and Recertification, shall be used for all applications for family eligibility and recertification of annual incume. The owner or his authorized agent is responsible for preparing the above form for each applicant family and submitting it to the local HUD office. The owner or agent is responsible for obtaining all necessary information from the appplicant, verifying it and retaining documentation of the verificatiul in the files for a period of at least three years for HD audit or inspection. The project shall retain one copy of Page 1 of the application form, together with any and all documentation and verification materials and shall forward two copies of Page 1 to Gary T. Levine, Chief of Loan Management, Detroit Area office. If you have any further questions, feel free to contact Ms. Beverly Downing at 226-4375. HUD-52537 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM This Contract is entered into pursuant to the United States Housing Act of 1937 ("Act"), 42 U.S.C. 1437, et seq., and the Department of Housing and Urban Development Act, 42, U.S.C. 3531, et seq., by and between the United States of America acting through the Department of Housing and Urban Development ("Government"), and AMY JO MANOR ("Owner"), and N/A ("PHA") which is a public housing agency as defined in the Act. The parties hereto agree as follows: 1.1 Significant Dates and Other Items; Contents of Contract. 8. Effective Date of Contract. The effective date of this Contract Is 19 81 (This date shall be no March T earlier than the date of execution by the Government.) b. Initial Term of Contract. The initial term of this Contract (see Section 1.4) shall be 5 years, beginning with the effective date of this Contract and ending February 28 c. Fiscal Year. 19 86. The ending date of each fiscal year shall be year previously established by the Owner in compliance with the d. Maximum Housing Assistance Commitment. The maximum amount of the commitment for housing assistance payments under this Contract (see Section 1.5a) is $ 210] 50.00 per annum. HUD-52537 e. Contents of Contract. II, and the following exhibits: This Contract consists of Part I, Part Exhibit A: The schedule showing the number of units by size ("Contract Units") and their HUD Approved Unit Rents ("Contract Rents") and Maximum Unit Rents; Exhibit B: Exhibit C: The project description; The statement of services, maintenance and utilities to be provided by Owner; Exhibit D: The Affirmative Fair Housing Marketing Plan, if applicable; and Additional Exhibits: (Specify additional exhibits, if any. If none, insert "None.") This Contract, including said exhibits, comprises the entire agreement between the parties hereto with respect to the matters contained herein, and neither party is bound by any representations or agreements of any kind except as contained herein or except agreements entered into in writing which are not inconsistent with this Contract. 1.2 Owner's Warranties. &. Legal Capacity. The Owner warrants that he has the legal right to execute this Contract and to lease dwelling units covered by this Contract. 1.3 Families to Be Housed; Government Assistance. a. Families to Be Housed. The Contract Units are to be leased by the Owner to eligible Lower-Income Families ("Families") for use and occupancy by such Families solely as private dwellings. b. Government Assistance. (1) The Government hereby agrees to make housing assistance payments on behalf of Families for the Contract Units, to enable such Families to lease Decent, Safe, and Sanitary housing pursuant to Section 8 of the Act. Such housing assistance payments shall equal the difference between the Contract Rents for units leased by Families and the portion of such rents payable by Families as determined by the Owner in accordance with schedules and criteria established by the Government. Page 2 |