Final Text
CHAPTER 180
MIGRANT HOUSING PROGRAMS (REPEALED)
Part I
Introduction
13VAC5-180-10. Introduction. (Repealed.)
In response to the findings and recommendations of the
State Migrant and Seasonal Farmworker Board, and others which cited the severe
inadequacies in housing for migrant farmworkers in the Commonwealth, the 1989
General Assembly appropriated funds for establishing the Migrant Housing
Program. The General Assembly designated the Department of Housing and
Community Development to administer this new state initiative, and further
directed the department to allocate additional funds to implement the program.
The program has the goal of increasing the number of decent and sanitary
migrant farmworker housing units in the Commonwealth. The program provides grants
for rehabilitation and new construction to growers who employ migrant
farmworkers in conjunction with their agriculture operation. The grant funds
may not exceed 50% of the total project cost and are only available to growers.
Low interest loan and energy grants are also available under the program, and
are available to nonprofit groups and governmental entities as well as growers.
Energy grants may be used only for eligible energy-related improvements
undertaken as part of a rehabilitation project.
The program is funded at $700,000 for the 1989-90 fiscal
year. This includes $250,000 in grants, $350,000 in loans and $100,000 in
energy grants. Interested growers, nonprofit organizations and government
entities (including housing authorities) may apply to the department for funds.
Part II
Definitions
13VAC5-180-20. Definitions. (Repealed.)
The following words and terms, when used in this chapter
shall have the following meaning unless the context clearly indicates
otherwise:
"Application" means the request, on behalf of the
applicant to the state, for a loan or grant fund reservation under the Migrant
Housing Program.
"DHCD" means the Department of Housing and
Community Development.
"Energy grant" means a grant, available as a
result of federal energy litigation, which may be awarded to pay for certain
energy-related improvements within the Migrant Housing Program.
"Energy-related improvements" means physical
improvements to structures that are being rehabilitated, which contribute to
fuel cost savings and less overall energy consumption, and which have been so
designated by the department. They may include installation or replacement of
storm doors and windows; caulking and weatherstripping; roof, floor and wall
repair as associated with insulation improvements; and furnace repair.
"Grant" means a grant made available as a result
of an appropriation from the 1989 General Assembly, under the Migrant Housing
Program for new construction or rehabilitation of migrant housing. These grant
funds are only available to growers.
"Grant agreement" means the agreement between
DHCD and the project sponsor pertaining to the terms and conditions provided
within the Migrant Housing Program.
"Grower" means a farmer, an owner of an
agriculture-based business or associations of these businesses which employ or
intend to employ migrant farmworkers for crop production or processing.
"Grantee" means a grant recipient under the
Migrant Housing Program.
"Loan" means a loan made under the Migrant
Housing Program.
"Loan note" means the agreement between DHCD and
the program sponsor pertaining to the terms and conditions governing loans
under in the Migrant Housing Program including repayment provisions.
"Locality" means a city or county.
"Migrant housing" means shelter which is provided
to migrant farmworkers and their families during the term of their employment.
"Migrant farmworkers" means those employees of
growers who establish residence temporarily in relation to agricultural labor
demands.
"Program" means the Migrant Housing Program which
is administered by DHCD.
"Project sponsor" means a nonprofit, incorporated
organization, governmental entity, or grower that houses or intends to house
migrant farmworkers.
"Rehabilitation" means substantial physical
improvements/repairs to a facility which will secure it structurally, correct
building, health or fire safety code related defects, increase energy
efficiency and assure safe and sanitary operation.
Part III
Eligibility
13VAC5-180-30. Eligible applicants. (Repealed.)
A. Growers that operate farms or agriculture related
businesses in the Commonwealth of Virginia.
B. Nonprofit organizations incorporated under Virginia law.
C. Units of local government (cities, counties, and towns)
and other governmental entities including redevelopment and housing
authorities.
13VAC5-180-40. Eligibility requirements. (Repealed.)
Individuals or entities wishing to apply for funds under
this program must meet the following requirements:
1. Provide or intend to provide decent and sanitary housing
for migrant farmworkers; and
2. Operate within the Commonwealth of Virginia.
13VAC5-180-50. Eligible activities. (Repealed.)
Project sponsors under this program may undertake any of
the following activities:
1. New construction;
2. Rehabilitation, including energy improvements;
3. Acquisition of standard housing, resulting in new migrant
units; and
4. Acquisition and rehabilitation of substandard housing.
13VAC5-180-60. Operational requirements. (Repealed.)
The following operational requirements pertain to projects
funded under this initiative:
1. Shall provide migrant housing during term of loan or
grant;
2. Shall maintain property during term of loan or grant, to
qualify it for continued occupancy by migrant farmworkers;
3. Shall not charge rent to migrant residents;
4. Shall practice nondiscrimination in the provision of
migrant housing, and in the provision of any support services; and
5. Shall operate a facility that is in compliance with
applicable state and local health, building and fire safety codes, or agree to
make necessary improvements/repairs for such code compliance on such schedule
as DHCD shall determine.
Part IV
Distribution of Funds
13VAC5-180-70. Distribution of funds. (Repealed.)
A. Funding priority. There are no set asides although DHCD
shall endeavor to fund both new construction and rehabilitation projects and to
achieve equitable geographic distribution. General improvement grant funds will
be available only to growers. Loan funds and energy grants will be made
available to nonprofit organizations and governmental entities as well.
B. Competitive ranking. All initial applications will be
competitively ranked by DHCD within the areas of program design, project
readiness, need for migrant housing or expansion requirements, leveraging of
other resources, and cost effectiveness. (Total 100 points available.) Further
explanation of selection criteria is as follows:
1. Completeness of Application - (20 points). The thorough
presentation of the proposed project, as it relates to description of labor and
migrant housing needs, the acquisition or construction which will meet the
needs, and commitment of additional funding sources.
2. Project Readiness - (30 points available). Firmness of
any other funds required for the project, including documentation which
indicates status of ownership and use permits, health department approval,
building drawings, cost estimates, work write-ups and other appropriate factors
which indicate that the project will move forward in a timely fashion if
funded.
3. Need for migrant housing or expansion requirements - (10
points available). Based on current condition of existing housing or need for
expansion of housing supply.
4. Leveraging - (20 points available). Documented amount of
other monetary resources to be contributed to this project by the applicant.
5. Cost effectiveness - (20 points available). Comparison of
total project cost to the numbers of migrant farmworkers and their families
which will benefit from the project.
C. Noncompetitive round. If any funds remain following the
expiration of the competitive round, the balance of the funds will be available
on the first come - first serve basis.
D. Maximum amount per application. There is no maximum
amount available per loan or grant application. Funding decisions will be based
on project feasibility and need per selection criteria and subject to funds
availability. Awards may be offered in amounts below request.
Part V
Loan and Grant Terms and Conditions
13VAC5-180-80. Loan and grant terms and conditions. (Repealed.)
A. Loans will have a 3.0% interest rate for a term of up to
15 years. Recipients will sign a note and deed of trust. Projects funded totally
by loan funds shall be available to house migrant farmworkers and their
families and shall be maintained suitable to migrant occupancy for the term of
the loan.
B. Grants must be repaid to the Commonwealth during the
first 10 years after the closing of the grant or grants if the property ceases
to be occupied by migrant farmworkers and their families or if the property
ceases to be maintained to post-rehab standards. The grants will be forgiven
one-tenth per year.
C. Energy grants are forgiven after five years, with the
same residency and property maintenance standards as migrant housing grants.
D. All loans and grants must be fully secured by a lien
against the sponsor's property or other form of security acceptable to DHCD.
E. The Virginia Housing Development Authority (VHDA) will
disburse funds and collect payments for loans on behalf of DHCD in accordance
with such schedules as DHCD shall approve.
F. The loan or grant may be assumed provided the new
borrower continues to comply with the requirements of the loan or grant
agreement, and approval is given to DHCD.
G. Migrant housing loans may not be prepaid unless
authorized by DHCD.