Down Payments, Closing Costs and
Repair Assistance!
An introduction to the Adirondack Community Housing Trust
Why
was ACHT Created?
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Homeownership in the Adirondacks is being priced out of the
reach of working families
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Through the initiative of Senator Little, the state budgeted $1M
to be used by the "Adirondack Community Housing Trust" to reduce
the cost of home purchases for families making less than 120% of
area median income.
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The legislature requires that the future sales of these homes be
controlled by the ACHT so that they will be passed on to other
income-qualified families for affordable prices
How
was ACHT created and who controls it?
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ACHT was organized by the Housing Assistance Program of Essex
County, which had worked closely with Senator Little to secure
the funding.
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ACHT is now incorporated as an independent not-for-profit
corporation with a board of directors who members are drawn from
the various parts of the Park.
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ACHT is being staffed by
H.A.P.E.C. under the contract
between the two organizations, but ACHT is fully controlled by
its own board.
How
does ACHT control the future sales of the homes it has made
affordable?
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CHT retains ownership of the land on which the homes are
located. Homebuyers get a deed to the house and any other
improvements on the land, and they get a 99-year renewable
ground lease giving them secured long-term control of the land.
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The lease gives them most of the rights of conventional
homeowners, but with a few limitations - one limitation being
that when they want to sell the home they must either sell it
back to the ACHT or sell it to another income-qualified family,
and must sell it for a price that will be limited by a formula
written into the lease.
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ACHT's reasale formula allows the seller to receive the amount
they originally paid for the house, plus the value of any ACHT-
approved capital improvements they have made at their own
expense, plus 25% of the additional appreciation in the value
they originally paid for but not the appreciation of that
portion of the home's original market value that was paid for by
ACHT).
What does
"income-qualified mean?"
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It means that the income of the household is less than a
specified percentage of area median income (AMI), county by
county, as determined by the US Department of Housing and Urban
Renewal (HUD)
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ACHT expects to serve a range of income levels, so the
percentages of AMI specified as the maximum allowable incomes
for ACHT homebuyers will vary somewhat. Homes that have
been made affordable for very local income households will be
limited to households on that income level in the future.
Homes that have been made affordable only for somewhat higher
income households will be limited to households with comparable
incomes in the future.
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Can homeowners leave their homes to their children? To
heirs outside of the family? What if they want to leave
the home to someone who is not income qualified?
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Homeowners can leave the 'asset value' of their homes to anyone
they choose.
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If the heirs want to live in the home they inherit, they will be
permitted to do so, even if they are not income qualified, if
they are immediate member so the family. Other heirs
either must be income-qualified or must sell the home under the
terms of the ground lease.
What other
limitations or requirements does the ground lease establish?
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The lease requires
that the homeowner - or members of the owner's family - occupy
the home as their primary residence. They can not move
away and continue to own the home as rental property. If
they aren't going to live there, they have to sell.
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The use of
the property may also be limited in certain ways; for instance,
it may be limited to residential use and whatever home-business
uses are permitted by law.
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Other ground lease requirements such as those relating to
maintenance of the home, health and safety, etc. are generally
the same as requirements already imposed by the terms of state
and local ordinances and home mortgages.
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Who pays the taxes, and how are the homes assessed for tax
purposes? Are the taxes as high as they would be if the
resale price of the homes were not restricted?
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The owners of the homes are required to pay taxes on both the
house and the leased land.
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A committee of the ACHT board is working with the state office
of housing services to make sure it is agreed that these homes
will be assessed for the value they have under the terms of the
resale restrictions, not the potentially higher market value
they would have without restrictions.
What
kind of houses will be made available through ACHT? Newly
constructed homes? Rehabilitated homes? Homes sold in
as-is condition?
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The first homes to be made available will be houses
rehabilitated by non-profit developers, but plans are also
moving forward for new construction that will be sold through
ACHT.
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A "buyer-initiated" program has has been established whereby
ACHT will work with prospective buyers to identify homes that
are already on the market in a specified area and that are
structurally sound and reasonably priced. Income-qualified
homebuyers will then be invited to choose among these homes.
ACHT will use its funds to cover enough of the price of each
home to make it affordable for the purchasers, and in return
will take title to the land and issue its standard ground lease
to the homebuyer.
Where did the
idea for ACHT come from?: Are there other programs like this
in existence anywhere?
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The
first community land trusts (CLT's) were developed in the 1970's
and early '80's. There are currently about 200 in the
country, and the number is growing rapidly as more and more
communities are concerned with preserving the affordable
homeownership.
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Most of the nonprofits housing organizations in Vermont are
organized as community land trusts and have been operating for
some time in the way ACHT tends to operate. Burlington's
Champlain Housing Trust is more than 20 years old and is
currently the largest CLT in the country.
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In New York, CLT's have been operated for more than 15 years in
Albany, Schenectady and Syracuse. In recent years,
programs have been or are being established in other areas of
the state. There are currently 12 other CLT's in New York
State.
Is there a
problem in getting mortgage financing for these CLT homes?
Information provided by
Adirondack Community Housing Trust,
Emily L. Kilburn, Housing Trust Administrator, 103 Hand Avenue,
Elizabethtown, NY 12932 P: 518-873-6688
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