Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Forgivable loans. Local government participants may make
forgivable loans, pursuant to the conditions set forth in rule
265-40.7
(16), to eligible residents for the following eligible uses:
a.
Down payment assistance.
An eligible resident whose disaster-affected home was destroyed or damaged
beyond reasonable repair may be provided down payment assistance for the
purchase of replacement housing located within the local government
participant's jurisdiction, but outside the 100-year flood plain, and, if
necessary, for the cost of making reasonable repairs to the home being
purchased to make it safe, decent, and habitable. The amount of down payment
assistance available to an eligible resident (including any amount allowed for
making reasonable repairs to the home being purchased) shall not exceed 25
percent of the purchase price of the home being purchased and, in no event,
shall the down payment assistance and any amount allowed for repairs
collectively exceed $25,000.
(1) For purposes
of calculating the amount of down payment assistance available to the eligible
resident, the amount of the down payment assistance shall be reduced by the
amount of any disaster compensation received by the eligible resident in excess
of any amount necessary to pay off a mortgage or real estate purchase contract
on the disaster-affected home.
(2)
As a condition of receiving down payment assistance, the eligible resident
shall agree that any disaster compensation received subsequent to the closing
of the forgivable loan, if not applied toward repayment of a mortgage on the
disaster-affected home, shall be used by the eligible resident to pay down the
balance of the forgivable loan outstanding at the time the eligible resident
receives such disaster compensation.
(3) Down payment assistance shall be allowed
only for the purchase of a primary residence by means of a fully amortized
mortgage loan from a regulated lender featuring a rate of interest that is
fixed for at least 5 years and that has a term not to exceed 30
years.
(4) Eligible residents who
receive down payment assistance under paragraph 40.5(1)"a "
may not receive the assistance available under paragraph 40.5(1)"b.
"
(5) An eligible
resident shall not use the assistance allowed under 40.5(1)"a"
for the purchase of more than one home.
b.
Housing repair or
rehabilitation. An eligible resident whose disaster-affected home is
not proposed, or located in an area proposed, by a municipality or county to
the Iowa homeland security and emergency management division for property
acquisition under the hazard mitigation grant program set forth in Iowa Code
chapter 29C (or under any other comparable program implemented in whole or in
part to assist in recovery from the natural disasters of 2010) may receive
financial assistance to pay for eligible repair expenses up to an amount not to
exceed $25,000 if the local government participant determines that the repair
or rehabilitation of the home is feasible. The local government participant may
establish eligibility criteria for housing repair or rehabilitation assistance
for disaster-affected homes located in the 100-year flood plain, including but
not limited to exclusion of such properties based upon local flood plain
management requirements. The eligible resident shall establish the necessity
and reasonable cost of the repairs or rehabilitation to the reasonable
satisfaction of the local government participant.
(1) For purposes of calculating the amount of
assistance available to the eligible resident pursuant to this paragraph, the
cost of repairs to, or rehabilitation of, the disaster-affected home shall be
reduced by the amount of any disaster compensation received.
(2) As a condition of receiving assistance
pursuant to this paragraph, the eligible resident shall agree that any disaster
compensation received subsequent to the closing of the forgivable loan shall be
used by the eligible resident to pay down the balance of the forgivable loan
outstanding at the time the eligible resident receives such disaster
compensation.
(3) An eligible
resident who receives assistance pursuant to this paragraph shall not be
eligible for assistance under paragraph 40.5(1)"a. "
c.
General
conditions of assistance. Any home to be purchased, repaired or
rehabilitated using assistance under the program must be in compliance with all
applicable state and local rules and ordinances, including, but not limited to,
those relating to building codes, zoning, flood plain ordinances, lead-safe
renovators and work practices, and asbestos inspection and removal. To be
eligible for assistance, the home must be in compliance as of the time of
closing, in the case of purchases, and as of the date of the final disbursement
of forgivable loan proceeds, in the case of repair or rehabilitation.
(4)
Expenses incurred prior to August
20, 2010. In the event an eligible resident purchased a home or made
or caused to be made repairs to a disaster-affected home located within the
jurisdiction of a local government participant prior to August 20, 2010 (the
effective date of this chapter), the eligible resident shall be eligible for
reimbursement therefor under this chapter as though the purchase, repairs, or
payments had taken place subsequent to such date.
(5)
Applications for
assistance. To apply for down payment assistance or assistance for
repair or rehabilitation of a disaster-affected home, the eligible resident
shall apply to the local government participant in whose jurisdiction the
disaster-affected home is located.