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«COMMUNITY DEVELOPMENT BLOCK GRANT COMPLIANCE POLICIES (Adopted September 16, 2014) (Updated November 18, 2014) Department of Library & Community Services T:\Departments\Library\Community ...»

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CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 Change of Use If a subrecipient or City Program wishes to utilize a portion of funds for an activity not identified on their original application, they are required to submit a detailed letter to the Director of Library and Community Services explaining the reasoning for and amount of the proposed change. Changes will be reviewed for eligibility and require administrative approval by the Director of Library and Community Services. Changes involving an amount greater than 25 percent of the original award for that activity or plans to utilize funds under a different activity category shall require a Substantial Amendment.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 Displacement/Relocation Due to the potential liability for long-term assistance and burdens placed on affected tenants, the City of Hayward will avoid funding CDBG projects that involve permanent residential displacement or business relocation unless displacement/relocation prove to be the only means available to correct a public health/safety hazard or other critical condition. In such cases, the City of Hayward will follow Real Estate Acquisition and Relocation Policy and Guidance set forth in HUD handbook 1378.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 Disputes Any dispute concerning a question of fact arising under a subrecipient program or City Program shall be resolved by Community Services Division staff, who shall relay his/her decision in writing to the subrecipient or City Program, in addition to furnishing a copy to the City Manager. The decision of Community Services Division staff shall be final and conclusive unless the subrecipient or City Program furnishes a written appeal to the City Manager within ten days of the date of receipt of such copy. The decision of the City Manager in such appeals shall be final and binding.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 Suspension/Probation and Termination The City may place a subrecipient/city partner on probation, suspend, or terminate the Agreement/MOU, as accorded by 24 CFR 85.43 and 24 CFR 85.44. When minor compliance issues exist (such as failure to maintain Minimum Contracting Standards), an informal approach via phone calls and e-mail may occur first and funds may be held until compliance is met. If compliance of the minor issue is not met within 10 business days or if another compliance issue exists, a certified letter requiring a Corrective Action Plan will be sent to the Executive Director, Chief Operating Officer, Board of Director’s and/or Department Director’s attention.

In the case of suspension or probation, depending upon the severity of the compliance problem, city staff shall provide not less than two (2) and not more than 10 business days to submit a Corrective Action Plan. If the agency does not implement the Corrective Action Plan according to the approved schedule, that will be grounds for termination.

If a subrecipient/city partner fails to fulfill its obligations, the City Manager may terminate the contract, in whole or part, by providing written notice of the termination and specifying the effective date, at least five (5) days before the effective date of such termination. If funds were used in a non-eligible manner, the staff liaison will include written documentation of the determination and the sum due for repayment or deduction from undisbursed funds as appropriate.

The subrecipient/city partner and the City Manager may terminate the contract for any reason upon giving at least 30 days written notice prior to the effective date. In the case of partial termination, the portion to be terminated must be specified in the notice. If the staff liaison determines that the partial termination will prevent the program from accomplishing the purpose of the award, the City Manager may completely terminate the contract.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 CDBG Collection Procedures Upon any condition of loan default: 1) nonpayment; 2) lack of insurance; 3) violation of rent limitations; 4) failure to report on use or continued eligibility; 5) change in title or use without approval; 6) default on senior loans; 7) any other reason as defined by the loan agreement, the Lender or hired loan servicer will send out a letter to Borrower notifying them of the default situation. A monthly report of defaulted loans will be submitted to the City Manager.

Active collection efforts will begin on any loan that is in default for 31 or more days.

Attempts will be made to assist borrower in bringing and keeping the loan current. Letters to Borrower will be sent the Borrower every 30 days, documenting attempts. These attempts will be conveyed in an increasingly urgent manner until default has reached 90 days in default, at which time the Lender may consider aggressive collection proceedings to recover funds: 1) foreclosure; 2) claim collateral; 3) civil or criminal lawsuits; 4) sell debt to a collections agency; and 5) any other available judicial procedure to recover funds owed. Lender’s staff

will consider the following factors before initiating any of these measures:

1. Can the loan be cured and can the rates and terms be adjusted to correct default, avoid aggressive collection proceedings and best protect funds? Can a work out plan be initiated?

2. Can the Borrower refinance with a private lender and pay off the Lender?

3. Can the Borrower sell the property and pay off the Lender?

4. Does the balance warrant aggressive collection proceedings? Will it be more costly to pursue recovery than to bad-debt the loan?

5. Will collection of collateral cause individuals to be displaced or become homeless?

6. Will the sales price of the property “as is” cover the principal and interest owed, costs of necessary advances (i.e. fire insurance premiums, monthly yard maintenance, monthly space rents if a mobile home, property taxes, inspections to prevent vandalism, etc.), and costs of aggressive collection proceedings (i.e. foreclosure, disposition, legal fees, marketing, procurement of services, consultants, etc.)?

Lender’s staff or hired loan servicer will consider all the above factors, and prepare a recommendation to pursue aggressive collection proceedings or bad debt the loan.

Recommendations for bad debts under $10,000 may be administratively approved by the Director of Library and Community Services. Recommendations of $10,000 or more require

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 approval by the Director of Library and Community Services, Director of Finance, City Attorney, City Manager, and City Council. City Council makes the final decision on all aggressive collection proceedings and bad debt write-offs on CDBG loans over $10,000, and is advised of any bad debt write-off on CDBG loans under $10,000.

If aggressive collection proceedings are approved, the Borrower be notified, by certified mail, a thirty-day notification of foreclosure or other proceeding. This notification must include the exact amount of funds to be remitted to the Lender to prevent foreclosure or other action.

Lawsuits and other judicial proceedings will be handled by the City’s Attorney’s office or outside counsel, at the discretion of the City Attorney.

At the end of thirty days, the Lender or hired loan servicer will contact a reputable foreclosure service or local title company, procured in compliance with 24 CFR Part 85, to prepare and record documents and make all necessary notifications to the owner and other lenders. The service will advise the Lender of all required documentation to initiate foreclosure or other actions (Note and Deed of Trust usually) and funds required from the owner to cancel foreclosure or other proceedings. The service will keep the Lender informed of the progress of the foreclosure or other proceedings. When the process is completed, the Lender will recover funds by selling collateral at auction.

Following administrative or City Council approval, as appropriate, bad debts will be removed from the inventory or control records and any necessary reconveyance documentation will be prepared and filed. All documentation will be maintained by CDBG staff and copies will be provided to the Finance Department - Revenue Division for availability during audits.

CDBG COMPLIANCE POLICIES

CITY OF HAYWARD Adopted September 2014 City of Hayward Operated Programs All CDBG Funded Programs may maintain program specific guidelines, so long as they are in agreement with these Community Development Block Grant Compliance Policies and all other applicable local, state, and federal laws and statutes. Program specific guidelines for City of Hayward operated programs, either by the Department of Library and Community Services or

other Departments, are included by reference. Current program specific guidelines include:

1. Housing Rehabilitation Program Guidelines and Thresholds

2. Small Business Revolving Loan Fund Program Guidelines

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