ALABAMA HOUSING FINANCE AUTHORITY COMMUNITY HOUSING DEVELOPMENT ORGANIZATION (CHDO) CERTIFICATION APPLICATION Effective January 2016 INDEX (provide all documents as applicable) A. Organizational Documentation i. Charter ii. Articles of Incorporation iii. By-Laws iv. Resolutions v. Certificate of Good Standing vi. Tax Status Documents vii. Other Necessary Documentation supporting Checklist Items 1.1-1.6 B. Independence Documentation i. Certification of Board Status forms* ii. Other Necessary Documentation supporting Checklist Items 2.1-2.4.4 C. Accountability to the Low-Income Community Documentation i. Certification of Low Income Representation forms* ii. Strategic Plan Documentation iii. Service Area Documentation iv. Service History Documentation v. Other Necessary Documentation supporting Checklist Items 3.1-3.4 D. Capacity Documentation i. Financial Documentation ii. Experience Assessment forms* iii. Organizational Structure iv. Other Necessary Documentation supporting Checklist Items 4.1-4.2.1 E. Project Specific Documentation i. CHDO Certification Application form* ii. CHDO Role Documentation iii. Other Necessary Documentation supporting Checklist Items 5-5.2.3.2 *AHFA provided forms: Certification of Board Status form Certification of Low Income Representation form Experience Assessment form CHDO Certification Application form Certification of Signatures and Addresses form Before committing CHDO set-aside funds to an organization, the organization must provide proof of the following: 1. Meets the definition of a “community housing development organization” in §92.2; 2. Has a project eligible for the set-aside that the organization will own, develop, or sponsor in accordance with §92.300(a); and 3. Has paid staff with demonstrated experience appropriate to the role the organization will play for the project being funded. CHDO Requirements Checklist Provide Supporting Documentation as Attachment Identified by Corresponding Letter Organizational Requirements Rule Citation §92.2 CHDO Definition 1. Legal Structure (Check and provide all applicable): AHFA Use Only Adequate Deficient i. Charter ii. Articles of Incorporation iii. By-laws iv. Resolutions v. Certificate of Good Standing 1.1 The nonprofit is organized under state or local laws. §92.2(1) 1.2 The organization has among its purposes the provision of decent housing that is affordable to low-income and moderate-income persons. §92.2(7) 1.3 The organization has no part of its net earning inuring to the benefit of any member, founder, contributor, or individual. §92.2(2) 1.4 The organization is not under the control or direction by any individual or entity seeking to drive profit or gain. §92.2(3) 1.5 The organization has one of the following IRS tax exempt statuses: 1.5.1 1.5.2 1.5.3 1.6 Exemption under 501(c)(3) or 501(c)(4); Subordinate of a central nonprofit under IRC Section 905; or A private nonprofit that is a wholly owned subsidiary of an organization that has 501(c)(3) or (c)(4) status and meets the CHDO definition. §92.2(4) The organization is not a governmental entity (any of the following: participating jurisdiction, other jurisdiction, Indian tribe, public housing agency, Indian housing authority, housing finance agency, or redevelopment authority). §92.2(5) 2. Independence 2.1 Public officials & employees of a governmental entity may comprise no more than 1/3 of the board. §92.2(5) 2.2 Officers and employees of a governmental entity cannot be officers (e.g. CEO, CFO, or COO) or employees of a CHDO. §92.2(5) Page 1 of 4 CHDO Requirements Checklist Provide Supporting Documentation as Attachment Identified by Corresponding Letter Organizational Requirements Rule Citation §92.2 CHDO Definition 2.3 If the organization was created by a governmental entity, then the governmental entity that created the organization may not appoint more than 1/3 of the board members and board members appointed by the governmental entity may not appoint remaining 2/3. §92.2(5) Applicable Not Applicable 2.4 If the organization was created by a for-profit entity, then 2.4.1 through 2.4.4 apply: Applicable Not Applicable 2.4.1 The for-profit entity that sponsored or created the organization may not have as its primary purpose the development or management of housing, such as a builder, developer, or real estate management firm. §92.2(3)(i) 2.4.2 The for-profit entity that created the organization may not appoint more than 1/3 board members, and for-profit-appointed members may not appoint remaining 2/3 of board. §92.2(3)(ii) 2.4.3 Officers and employees of the for-profit entity that created the organization cannot be officers or employees of the CHDO. §92.2(3)(iv) 2.4.4 The organization must be free to contract for goods & services with others. §92.2(3)(iii) AHFA Use Only Adequate Deficient 3. Accountability to the Low Income Community 3.1 The organization must have a designated service area (i.e. the “community” in which it produces housing). A community can be a neighborhood or neighborhoods, city, county, metropolitan area, or multi-county area (but not the entire State). §92.2(8)(i) 3.2 At least 1/3 of the board members are: 1) low-income; 2) residents of a low-income neighborhood; or 3) elected representatives of a low-income neighborhood organization. §92.2(8)(i) 3.3 The organization has a formally adopted process for low-income beneficiaries to advise it on decisions regarding design, siting, development, and management of housing. §92.2(8)(ii) 3.4 The organization has at least 1 year of serving the community, or, if it is formed by local churches, service organizations, or neighborhood organizations, its parent organization meets this requirement. §92.2(10) 4. Capacity 4.1 The organization has financial management systems that conform to 2 CFR 200.302 and 200.303. §92.2(6) Page 2 of 4 CHDO Requirements Checklist Provide Supporting Documentation as Attachment Identified by Corresponding Letter Organizational Requirements 4.2 Rule Citation §92.2 CHDO Definition AHFA Use Only Adequate Deficient The organization has paid employees with demonstrated experience relevant to the CHDO’s role in undertaking the HOME activity to be funded. (Note: this does not include volunteers, board members, donated or shared staff, or consultants – except as described in 4.2.1 below.) §92.2(9) 4.2.1 During the first year of an organization’s funding as a CHDO only, capacity can be demonstrated though a contract with a consultant who has housing development experience to train appropriate key staff of the organization. §92.2(9) CHDO Role Adequate Deficient 5. CHDO Set-Aside Project CHDOs, in accordance with §92.252, can undertake rental projects with CHDO setaside funds: Applicable Not Applicable If applicable, the CHDO must select one of the roles listed in 5.1, 5.2, or 5.3 below. Documentation supporting the selection must be provided. 5.1 Own: The organization is or will be owner in fee simple absolute (or will hold a long term ground lease) for at least the period of affordability. If project involves rehabilitation or construction, organization will oversee all aspects of development. §92.300(a)(2) 5.2 Develop: The organization is or will be owner in fee simple absolute (or will hold a long term ground lease) for at least the period of affordability. If project involves rehabilitation or construction, organization will be in sole charge of all aspects of development process. §92.300(a)(3) 5.3 Sponsor: Must meet one of the following: 5.3.1 The organization will own and develop a project that it will convey at a predetermined time after completion to a designated private nonprofit (that was not created by a governmental entity). §92.300(a)(5) 5.3.2 The project will be owned and/or developed by an eligible CHDO affiliate, including: A wholly owned subsidiary of the CHDO; or a limited partnership of which the CHDO or its wholly owned subsidiary is the sole general partner; or a limited liability company of which the CHDO or its wholly owned subsidiary is the sole managing member. §92.300(a)(4) Page 3 of 4 CHDO Certification (AHFA USE ONLY) 6. CHDO Certification The organization meets all CHDO regulatory thresholds, AND has a project which meets the project eligibility requirements of 92.300 for a reservation of CHDO set-aside funds. Processed by: ________________________________ Date:_________________ AHFA Staff Member AHFA HOME Approval ___________________________ _________ ______________________________ _________ Barbara G. Wallace, Multifamily Manager Date Jeff Little, Multifamily Underwriting Manager Date Page 4 of 4 EXPERIENCE ASSESSMENT FORM Please attach signed copies for each staff member whose experience should be considered for meeting the Development Experience/Capacity requirement. Attach one copy for each project. Resumes should also be attached. Description Category Staff or Consultant Name Phone Number Mailing Address Email Project Name Project Location Project Type Number of Units Population Served Date of Occupancy Sources of Funds Description of Staff / Consultant Role in Project Project References (Name Address Phone) I certify that the information provided above is accurate and give my consent to contact references listed. By:____________________________________ (Signature) Name of Staff Member ___________________ Date CERTIFICATION OF LOW INCOME REPRESENTATION Each board member representing the interests of low-income families in the Applicant's target community must complete this certification. Please maintain a copy of this certification in your files. These certifications will be reviewed during monitoring visit by AHFA. Board Member Name: _ I certify that I am a current member in good standing of the governing board for Organization Name and that I represent the interests of low-income families in the Applicant's target community. Please check and complete one of the following: I am a low-income resident of Community Name, the Applicant's target community. In order to qualify under this criterion, the board member must be a low-income resident of a community that the Organization serves. Low-income is defined as 80% or less of area median family income. I am a resident of a low-income neighborhood in Community Name, the Applicant’s target community. In order to qualify under this criterion, the board member must live in a low-income neighborhood where 51% or more of the residents are low-income. The board member does not have to be low-income. Neighborhood means a geographic location designated in comprehensive plans, ordinances, or other local documents as a neighborhood, village, or similar geographical designation that is within the boundary but does not encompass the entire area of a unit of general local government. I am an elected representative of Neighborhood Organization, a low-income neighborhood organization within Community Name, the Applicant’s target community. In order to qualify under this criterion, the board member must be elected by a low-income neighborhood organization to serve on the CHDO Board. The organization must be composed primarily of residents of the low-income neighborhood and its primary purpose must be to serve the interests of the neighborhood residents. Such organizations might include block groups, neighborhood associations, and neighborhood watch groups.The group must be a neighborhood organization and IT MAY NOT BE THE CHDO ITSELF. If the board member is qualifying under this criterion, please attach copy of signed resolution from the neighborhood organization naming the individual as their representative on the CHDO. By:____________________________________ (Signature) Name of Board Member ___________________ Date CERTIFICATION OF BOARD STATUS Applicants must complete the following Certification of Board Status and submit it along with their application for CHDO certification. Please list each board member by name, then place a check indicating the representation that member brings to the Board. Please list only current board members. Do not list prospective board members who have not been elected or appointed to the board. BOARD OF DIRECTORS SECTOR REPRESENTATION NAME OF CHDO: At a minimum, one-third of the board must be comprised of low-income representatives and a maximum of one-third of the board may be public officials, appointees or employees of public agencies Public: Private: Page of Name: Title: Term: from: to: Occupation: Employer: Years as Board Member: LOW-INCOME QUALIFYING CRIERIA (1/3 of board must qualify in one of the below categories) Low-Income Resident, LowElected Income Representative (selfof Low-Income declaration on Neighborhood Organization file with non(identify census profit) tract) (identify organization) Household Size: Census Tract: Low-Income: category information % area Median Income: Address: Name: Title: Term: from: to: Occupation: Employer: Years as Board Member: Public : Private: Household Size: Census Tract: Low-Income: category information % area Median Income: Address: Name: Title: Term: from: to: Occupation: Employer: Years as Board Member: Public: Private: Household Size: Census Tract: Low-Income: category information % area Median Income: Address: Name: Title: Term: from: to: Occupation: Employer: Years as Board Member: Public: Private: Household Size: Census Tract: Low-Income: category information % area Median Income: Address: DUPLICATE THIS PAGE AS NECESSARY TO INCLUDE ALL BOARD MEMBERS I certify that the above listing of current, participating board members is accurate. By:____________________________________ (Signature) Name of Signatory Its: Title of Signatory ___________________ Date Organization: Organization: Organization: Organization: AHFA CHDO CERTIFICATION APPLICATION Organization Name DUNS Number Tax ID Number Organization Address Mailing Physical Contact Name / Title Contact Email Address Contact Phone Number Board President Name Board President Email Board President Phone Organization Fax Number Please describe the CHDO eligible activities your organization plans to undertake: Please list each project to be considered for CHDO Certification: Project Name Project Location CHDO Role in Project I certify that the submission of this application has been approved by a 2/3 vote of the Board of Directors. By:____________________________________ (Signature) Name of Signatory Its: Title of Signatory ___________________ Date CERTIFICATION OF SIGNATURES AND ADDRESSES The Board of Directors of met on Click here to enter a date. and authorized the below named individuals to sign contracts, amendments, disbursement requests and other documents requiring such signatures as a part of the CHDO Certification program: Name Title Signature:__________________________ Name Title Signature:__________________________ Name Title Signature:__________________________ The following individuals have been authorized to serve as the primary and secondary contacts for the organization for matters relating to the CHDO Certification Program. Include the corresponding address to which all correspondence and payments to the organization shall be sent. Category Name: Primary Contact Secondary Contact Title: Address: Phone Email: Changes to authorized signatures, contact persons or address shall be made in writing to AHFA. By:____________________________________ (Signature of CEO or other Authorized Officer) Name of Signatory Its: Title of Signatory ___________________ Date