EL CONCEJO COINEÑO ANTES DEL CORREGIMIENTO
2. Antecedentes históricos
2.1. Conquista por los Reyes Católicos
Market‐rate multifamily housing41 presents a unique challenge in financing energy efficiency retrofits. While market rate multifamily properties are clearly part of the residential sector, market‐rate multifamily construction and permanent lending is a specialized type of
commercial lending. Lenders focus heavily on net operating income, estimated expenses, loan‐ to‐value ratios, and other commercial lending metrics to determine the credit worthiness of a proposed or existing multifamily housing project. Owners tend to focus heavily on maintaining market position, often through enhancing curb appeal and common area amenities, to maintain
37 The Counties of Los Angeles and Santa Barbara as well as the City of San Diego are piloting loan loss
reserve mechanisms in residential lending programs, and the City / County of San Francisco and City of
Los Angeles are piloting loan loss reserves to compliment their commercial PACE programs. Each of
these programs offers slightly different terms.
38 A debt service reserve fund functions similar to a LLR, but rather than covering an entire loss in the
event of default, a DSRF will cover the delinquencies in payments.
39 LLR offerings in the income qualified multifamily sector can sometimes range up to 40 percent or even
in some extreme cases nearly 90 percent − blurring the lines between LLRs and loan insurance or loan
guarantees.
40 HBC Report, p. 36.
41 ”Market–rate”’ multifamily properties are those that offer rent without subsidy, compared to
the property as a profit‐generating asset. As a result, this sector can present a vexing case of the split incentive issue. Unless owners can recoup in‐unit energy efficiency improvements
through rent increases or they simply have to make such improvements just to maintain market position, there is little incentive for owners to make them. Given the more transient nature of renters (as opposed to homeowners), the wear on multifamily housing eventually brings about a decline in the market position, and the project’s market rents erode. At some point an owner must make a business investment decision to continue to invest in or sell every market‐rate multifamily property. As a result, there is a robust business within a subsector of the affordable
housing development community that focuses on converting market rate multifamily housing
to affordable multifamily housing.
In response to the complex challenges in addressing the energy efficiency retrofit needs (especially the in unit energy efficiency needs) of multifamily housing, the IOUs’ offer multi‐ family energy efficiency rebate programs, a multifamily Energy Upgrade California pilot, audit service, and other resources to their customers. However, persistent barriers, such as the landlord‐tenant split‐incentive problem, remain. The CPUC has adopted a two‐phased approach to addressing the low income multifamily sector in a Final Decision42 in the Energy
Savings Assistance Program proceeding.
Affordable multifamily housing development is a complex, specialized area of residential development. Financing an affordable multifamily housing project can involve multiple resources from multiple levels of government funneled through multiple programs. The table below shows the financing for Fireside, a rehabilitation (retrofit) project in Marin County that provides a real‐world example of how extreme and complex the financing mix for affordable housing projects can become:
Table 1: Financing for Fireside, a multifamily community in Marin County. Construction Financing Permanent Financing
Source Amount Source Amount
CalHFA $12,165,000 CalHFA First Loan $1,350,000
Marin Co. Housing Trust
Fund
$1,400,000 CalHFA Second $250,000
Marin Co./CalHFA Help $1,050,000 Marin Co. Housing Trust
Fund
$1,400,000
Marin Co. HOME $1,610,000 Marin Co. HOME $1,610,000
Marin Co. CDBG $194,478 Marin Co. CDBG $194,478
AHP $500,000 AHP $500,000
McKinney SHP $610,000 McKinney SHP $610,000
Foundation Grants $420,000 Marin Community
Foundation
$1,600,000
Deferred Costs $688,275 Foundation Grants $420,000
Deferred Developer Fee $300,330 HCD MHP $4,882,222
Investor Equity $846,170 Deferred Developer Fee $300,330
Investor Equity $8,267,224
TOTAL $21,384,254.00
Source: California Tax Credit Allocation Committee Staff Report, Project # CA-2006-918, December 13, 2006.
Multiple financing sources are layered together to reduce the required debt payments for a project. Therefore, the payments are low enough that the project can be maintained with substantial rent limits/restrictions that will typically be in place throughout the life of the project. In the above example, from top to bottom, the permanent financing structure for the project included a California Housing Finance Agency tax‐exempt bond financed first loan, and second taxable bond financed loan; three separate sources of “soft” funding provided by Marin
County43; the Affordable Housing Program’s the McKinney Supportive Housing Program;
foundation grants; the California Housing and Community Development Agency’s Multifamily
Housing Program; developer contributions; and Low Income Housing Tax Credit investor
equity.
The complex financing structure of many affordable housing projects, and the requirements of specific funding resources, result in affordable housing projects continuously revolving through the cycle of investment/rehabilitation and decay. Much of the affordable housing built in California during the past 15 years involves Low Income Housing Tax Credits (LIHTCs). The federal LIHTCs are credits that investors in affordable multifamily housing can take annually for a minimum of 10 years. (LIHTCs can be used by investors for up to 15 years.) The federal LIHTC program requires a minimum 15‐ year affordability period. The California LIHTC program requires a 55‐year affordability period and places a regulatory agreement on title tied to the land. Essentially affordable housing in California 1) gets built, 2) runs down over a period of 12 to 15 years, 3) changes hands when investors use up their tax credits and the project is recapitalized (typically through the LIHTC) and rehabilitated as part of the change in ownership, and 4) runs down over the following 12‐15 years, and 5) repeat 3 and 4 ad infinitum. While affordable housing units are often modestly rehabbed at turnover, major rehabilitation efforts are often disruptive to tenants and project cash flows, so even affordable housing built without LIHTC follows a similar life cycle. The affordable housing life cycle presents affordable housing energy efficiency programs with an obvious trigger point at 3. Energy efficiency
finance programs that rely on debt inserted at other points in the cycle will struggle to find uptake as they are attempting to insert additional debt into a complex business arrangement. Energy efficiency programs that rely on granted or free services, such as the Energy Savings
Assistance Program (ESAP) and Weatherization Assistance Program (WAP), can encounter
issues related to other policy dissonance between those programs and the requirements of affordable housing finance programs, but they do not face the daunting challenge of inserting additional debt into an existing, complicated finance and ownership structure.
43 “Soft”(as opposed to “hard”) funding or financing or debt can be grants but often are public agency
loans with below‐market interest rates and repayment requirements that are generous and taken from
what often referred to as “residual receipts.” These residual receipts fund leftover hard debt, operating
The same resources that finance the rehabilitation of market‐rate multifamily housing projects converting to affordable multifamily housing, or existing affordable multifamily housing projects undergoing substantial rehabilitation and refinancing, can finance substantial energy efficiency improvements. The mechanisms for achieving this are found in the regulatory requirements of those federal, state, and local affordable housing finance programs. Finally, like market‐rate multifamily housing, affordable housing projects face the split incentives issue. However, due to the legal definition of “affordable” housing and the regulatory structures in place, affordable housing owners are more capable of overcoming this barrier than market rate affordable housing owners and developers44.