NTF Worksheet.  ccwatch25.doc.  11-05. 

NEBRASKA TAXPAYERS FOR FREEDOM WORKSHEET:
URBAN HOMESTEADING IN NEBRASKA.

THE PROBLEM. 
Vacant and blighted houses negatively impact their neighborhoods in many ways.  The property tax base erodes from lower values of deteriorated buildings or vacant lots where demolished homes once stood. Slums depress surrounding property values and property tax revenue. Loss of tax revenue from tax delinquent and tax forfeited properties. Property owners will not invest or reinvest in surrounding properties. Maintenance costs exist for city and neighbors trying to maintain or secure property. Condemnation by eminent domain takes years. Demolition costs for leveling buildings causing public health or safety concerns. Safety hazards arise from deteriorated structures or vagrants using a vacant building for criminal activity. Harm to the overall physical appearance of the neighborhood and its attractiveness as a place to reside.  Increased middle class flight occurs from the city core.

BACKGROUND.  The City of Omaha stopped requesting Section 312 funding in 1995, the same year that the Homesteading and Neighborhood Restoration Act began providing grants to cities and organizations that help facilitate the development of self-help home ownership opportunities. Many other cities like Ogden, UT. and Richmond, VA. have implemented these newer urban homestead programs. The objective of such programs is to help moderate and lower income prospective homebuyers obtain affordable financing for a home purchase or rehabilitation of decrepit or vacant housing/lots.  On vacant rebuildable residential lots, the city aggressively pursues title to property and markets it via foreclosure of special assessment liens and title action.  The city retains a list of city-owned vacant lots suitable for single-family residential construction.  The city can combine 2 or more adjacent lots to sell as one parcel, if 1 lot size is too small to build a modest, modern home.  Federally-owned properties the city can select and purchase as suitable for homesteading and rehabilitation. Vacant houses might be HUD-foreclosed properties.

PROMOTION.  Media releases and communications to builders and developers with dates of offerings publicize this program.  Signs on designated properties direct inquirers to offices to apply.  Lots sell on a first come, first ready to buy basis.  The city lists a purchase price for each available home.  Homesteading increases the total and rate of home ownership in a municipality. It saves existing housing stock and recaptures and improves the city tax base.

ELIGIBILITY.  Only 1 lot is available per applicant.  To minimally qualify, a buyer must verify to the city that annual household income meets the minimum limits determined by the U.S. Department of Housing and Urban Development. Purchasers can belong to several income ranges.  A program will create high quality housing to attract middle-class people to the city core and preserve historic structures. Those who meet income, credit, and other requirements can receive financial assistance to purchase and rehabilitate homes as they become available.  Buyer must have sufficient income to obtain financing for the purchase price. Credit history with documentation must indicate substantial evidence of buyer ability to pay. Applicants may not have filed or completed a bankruptcy in the past 2 years. Buyer may not own other residential property at the time of application. Household head must be at least 21 years old. Applying households must fit the size of the house, usually no more than two persons per bedroom.

APPLICATION PROCESS.  After screening and verification, the applicant and city enter into an urban homestead agreement. That agreement contains detailed descriptions of program procedures and requirements. Prospective borrowers fill out an urban homestead program application and return it to the city with verification of income. Applicants receive information about available construction financing, contractors, and building designs. A city committee reviews the application for compliance with guidelines and notifies the applicant in writing of preliminary approval status. After notification, a drawing selects the first eligible applicant to win a chance to purchase a home. All applications will become ranked based on this drawing. Subsequent applicants will have a chance to purchase a home, a process quickened if applicants ahead of them in priority do not qualify for financing. A winning applicant must submit a non-refundable $50 application fee, which will apply towards a credit report. The urban homestead agreement is a purchase contract. If the applicant meets all program requirements, including obtaining bank financing for a portion of the purchase price, the city will transfer ownership to the applicant. The new owner then will complete required repairs within three years and must live in the home for five years. At that time, if owner meets all program requirements, the city gives the owner clear title to the property, and the owner continues to make monthly payments on the purchase and rehabilitation loans according to the agreement.

FINANCING.  Banks will accept a specific amount of risk.  Non-profit organizations and national foundations contribute funding.  Applicants are responsible for their own financing arrangements through 3rd party lenders, meeting lender credit and income requirements.  Financial assistance comes through second mortgage rehabilitation loans to homeowners, who need to make repairs or improvements to their homes. The city will require that the buyer provide evidence of financing to purchase the home within 60 days of signing the agreement, only fixed-rate FHA, VA, or conventional financing, obtained from a reputable lending institution, which obtains the usual verifications of equity, property title, and borrower income and credit.

HOMESTEADING.  Successful applicant homesteaders can purchase city-owned vacant lots and construct single-family dwellings or purchase single-family homes owned by the city. The city can purchase houses suitable for rehabilitation and resale through foreclosure of city liens.  Homesteaders must agree to live in a house as a permanent resident for at least 5 years.  The head of household must attend approved homebuyer education classes and obtain a certificate of completion.  The household size must fit the home size.  Lots sell for assessed value set by the county assessor.  The buyer pays a $500 deposit toward the purchase when signing the contract, $500 more at closing.  The balance due becomes secured against the property under a 5-yr. deferred payment lien, forgiven at the rate of 20% per full year of owner residence.  A deed document would allow title to revert to the city if construction not started within 6 months of closing.  Other funds paid by a buyer would forfeit to the city.   Title would revert to the city, if property not used for homesteading.  The balance on the 5 yr. urban homesteading lien would come due immediately for payment if 1) homesteader dies; 2) homesteader sells or transfers property title; 3) property no longer the principal residence; or 4) property not maintained at minimum housing standards.  Homesteaders must upgrade vacant housing stock by performing repairs which will remove hazards, conform house to current building codes, promote energy efficiency, extend the life of the house, and stabilize or improve neighborhoods. The buyer must maintain the home in compliance with all city building codes and zoning ordinances during occupancy and throughout the term of financing. Prior to occupancy, the buyer must assure that all life/safety habitability work is complete. All other required rehabilitation work must finish within three years of purchase. The homesteader must repair, within one year from the date of conditional conveyance of the property, defects that pose a substantial danger to health and safety, make additional repairs and improvements necessary to meet the applicable local standards for decent, safe, and sanitary housing within three years from the date of conditional conveyance of the property, permit reasonable inspections at reasonable times by city employees to determine compliance with the agreement, and surrender possession of the property upon material breach of the homesteader agreement (including default on rehabilitation financing secured by the property), as determined by the city.

TAKE ACTION NOW.  Many more urban Nebraskans are becoming irate at the increased placement of subsidized housing units in their neighborhoods.  People in these units often do not maintain or upgrade these properties and cause social problems like crime.  Adjacent property values plummet.  Taxpaying citizens lose equity in their homes.  Home resale prices drop.  Urban homesteading offers a viable alternative to government scattered-site subsidized housing, as it allows those needing residential placement to buy or build their own homes in their own neighborhoods, homes in which they can show pride.  Contact your city councilman today to accelerate the initiation and implementation of an urban homesteading program in your municipality. 

Research, documentation, and analysis for this worksheet done by Doug Kagan.   This material copyrighted by Nebraska Taxpayers for Freedom, with express prior permission granted for its use by Citizens for Local Control, Cherry County Taxpayers, Dawes County Taxpayers, and other groups in the Tax Freedom Network. 11-05   C