HomeMy WebLinkAbout20220690 Crescent and Jefferson Petition for Zoning Amendment Narrative ResponseLIBERTY AFFORDABLE HOUSING INC.
P . O . B ox 549
R o m e , N e w Y o r k 1 3 4 4 2
315/334-9333
The below are responses to some inquiries the planning board raised during the October 27, 2022 meeting.
Re-syndication: An extension of the time frame for affordability compliance
When Low-Income Housing Tax Credit (LIHTC) properties reach year 15 of their initial tax credit compliance
period, the Limited Partner (Investor Member) will typically leave the partnership at that time as they have
already received the benefit of the tax credits. The general partner has an opportunity for a re-syndication of
LIHTC. This provides a source of funding which can be utilized to update aging structures.
Re-syndication is an attractive option given the current strong tax credit equity market and the state’s interest in
funding which helps preserve existing affordable rental housing communities. Most LIHTC properties at year
15 are faced with extensive physical needs but inadequate reserves to address them. All major building
components (i.e HVAC, roof and interior updates) are nearing the end of their life cycle and the building(s) and
units will typically need to be modernized in order to keep up with the competitive market of the newer housing
developments in the community. Re-syndication gives the general partner the needed financing to achieve the
projects physical needs. When a project is re-syndicated, one of the requirements is the project “re-sets” the
30-year affordability clock and the compliance period starts over upon the LIHTC closing. The result is that the
project ends up with a minimum of 45 years of affordability.
Timing of Sunset Provision:
The planning board inquired about the timing of the 5-year sunset provision. The below provides the anticipated
Liberty schedule for the Saratoga project. As has been outlined, this process is minimally 3 years. Delays can
result in the Liberty application missing more than a year or two of funding streams, depending on funds
available and other projects already in the pipeline.
As you can see from the below, the Liberty Saratoga project is only on the second step, but it is no longer on
schedule. The shifting of the municipal approvals impacts the later timeline items which are contingent upon the
approvals being granted. The sunset provision is purposely elongated in order to allow for these unanticipated
delays because some of the tasks are beyond Liberty’s control. These include, but are not limited to, the
municipal approval processes and meeting schedule timelines, requirements by necessary funding partners and
governmental agencies that depend on the turn-around time/completion of due diligence items involving outside
consultants, and lastly, the availability of NY state’s subsidy dollars affecting the timing of our project
application and slotting of our project within the funding pipeline.
Date Task Description Comments
2/1/2022 -
3/1/2022
Initial due diligence - Concept
Phase
Develop Concept, Environmental Investigation,
designs/drawings, etc.
4/1/2022-
12/31/2022
Municipal Approvals Amendment to Zoning (City Council), Height
Variance (ZBA), Site Plan (Planning Board)
NOTE: The anticipated timeframe for these approvals
has been delayed, which will modify all the other
dates.
12/31/22 Contract to Purchase Land Expires The landowners’ agreement to extend the Purchase
Option will be necessary if determined that we have
obtained municipal support needed to continue.
LIBERTY AFFORDABLE HOUSING INC.
P . O . B ox 549
R o m e , N e w Y o r k 1 3 4 4 2
315/334-9333
1/1/2023-
6/30/2023
Prepare for submission of HFA
Application
Identify LIHTC Syndicator, appraisal, application and
underwriting model
July 2023 Application to HFA State funded Project applications have already been
committed for 2023 and into first quarter of 2024. In
each year, there is competition for funding, and once
funding has been committed, it pushes applications
into future years’ funding cycles. Our hope is to get
into the NYSHFA (NYS Housing Finance Agency)
pipeline as soon as possible to be awarded by YE 2024
or first QTR 2025.
*It is important to note that the application cannot be
made for funding absent municipal approvals. The
state carefully examines the city’s support, or lack
thereof, for projects and considers that in their
awards.
September
2023
Tax Equity and Fiscal
Responsibility Act (TEFRA)
Hearing before Housing Finance
Agency (HFA)
Note: A TEFRA hearing is a public inquiry required
by the IRS of non-profit borrowers that intend to issue
tax-exempt debt.
9/1/2023 -
6/30/2024
HFA diligence period Liberty provides answers and back-up documentation
to HFA questions and requests for additional
information.
July 2024 HFA Credit Committee Approval Once HFA is comfortable with the application and our
response to their due diligence requests, HFA will
present the project to their credit committee for
approval.
September
2024**
HFA Board Approval Once credit committee approves, the project is
submitted to the HFA Board for review and approval.
Late fall-
2024
Local Approvals Building permits and other local approvals will be
required to be submitted formally as to not cause
funding delay. Building permit may take 12+ weeks.
January 2025 Closing and Project Funding Final Closing of Real estate purchase occurs with
project funding approximately 1 week later.
Spring 2025 Construction Commencement
** This timeline could be delayed by as much as 12-18 months depending on approvals of all above
requirements and steps. It is anticipated that the HFA pipeline will continue to be filled at a rapid pace with the
current housing shortage crisis. Any delays in Liberty’s application submission will push the project farther out
into the pipeline for funding.