The Road Home Program Compliance and Monitoring
Compliance & Monitoring Letter Questionnaires were mailed at the end of your compliance
period. The questionnaire requested that you complete the form and submit all requested
documentation to the Road Home for review.
- Sample Elevation Certificate
- CLQ – Compliance & Monitoring Letter Questionnaire
- Utility Bill
- Homeowners Insurance Declaration Page
- Flood Insurance Declaration Page
- Elevation Certificates (if Road Home Elevation Incentive was received)
Several reasons that you may not be in Compliance with your Road Home Grant(s) are
listed below:
Non Responsive – The applicant and/or co-applicant
has not responded to any Compliance documents.
Non Compliant – Some of the requested documents
were not submitted and/or the documentation submitted was not within the required
compliance period.
Elevation – Applicant and/or co-applicant
did not provide elevation certificates (initial, final or both certificates).
Hazard Mitigation Grant Program (HMGP)Project List – Applicant and/or co-applicant
may not be compliant for elevation with the Road Home Program, as they are still
working with HMGP for elevation. Once the project is complete with HMGP and the
Road Home Program receives elevation certificates, the file should be deemed compliant.
I sent in all of the requested information, why did I receive a letter?
Applicants may have returned a CLQ, utility statement and all insurance documentation
but it was not acceptable according to the compliance policy at the time the documents
were returned.
The Road Home Program has now been given approval to review and possibly accept
any documentation submitted after the initial closing through the current date.
If you received a letter and feel that you have submitted all requested documentation,
you may call the Road Home Program to request a review of the documentation you
submitted after your initial closing.
What should I do?
Complete the Compliance & Monitoring Letter Questionnaire and explain your situation
as it pertains to the following questions:
(any documentation you can provide will be helpful)
Are you currently living in your home? (Occupancy)
Provide an occupancy document from any point after the initial closing through the
current date. If you were unable to re-occupy the damaged residence and feel that
you may be eligible for an Unmet Need, please indicate the Unmet Need on the CLQ
and return with any documentation supporting the Unmet Need.
Do you still own your damaged residence? (Ownership)
If you closed on your Road Home Grant as an Option 1 (re-occupy and rebuild your
damaged residence) and sold the home within the three year compliance period, provide
a copy of the Cash Sale. New owners may be able to provide all required documentation,
if we have a Cash Sale with their information. Also any documentation that you can
provide, proving occupancy and insurance after the initial closing, will be accepted.
Do you have proof of Homeowners Insurance covering the damaged address? (Insurance)
If you have or have ever had (after your initial Road Home closing), Homeowners
Insurance covering the damaged address, provide the declaration pages. If you are
unable to provide insurance documentation, return the CLQ with an explanation as
to why you do not have Homeowners Insurance.
Do you have proof of Flood Insurance covering the damaged address? (Insurance)
If you have or have ever had (after your initial Road Home closing), Flood Insurance
covering the damaged address, provide the declaration pages. If you are unable to
provide insurance documentation, return the CLQ with an explanation as to why you
do not have Flood Insurance.
Has the home been repaired? (Elevated)
If you received Elevation funds and have not elevated your property, please return
the CLQ stating that you did not elevate and an explanation as to why you have not.
If the home is not repaired, did you experience a “loss” (Unmet Need) while attempting
to repair the home. If so, please return the CLQ explaining the reason you were
unable to rebuild your property. Also include any documentation to support your
explanation.
If you are unable to comply with the Road Home Program's Grant Covenants
If you are unable to comply with the Road Home Program Grant Covenant and/or Agreement
that was signed at closing, you can return your funds to the following address:
Office of Community Development - Disaster Recovery Unit
P.O. Box 94095
Baton Rouge, Louisiana 70804-9095
If you have any questions regarding repayment or would like to discuss your repayment options, you can contact the attorneys at Shows, Cali & Walsh Law Firm, for assistance. . The Law Firm’s information is listed below:
Shows, Cali & Walsh Law Firm
628 St. Louis Street,
Baton Rouge, LA 70802-6159
I closed as an Option 2 - what do I need to comply
with the Road Home Program's Option 2 Covenant?
As an Option 2 applicant, you were required to show ownership in another property
within the State of Louisiana. The Road Home Program will accept documentation showing
that you are a “resident” (renter, living with a relative, in assisted living, etc.)
in the State of Louisiana. Return your CLQ and include documentation to support
your “residency” in the State of Louisiana. (This documentation may include, but
not be limited to, a Louisiana Driver’s License, a voter registration card, a rental
agreement or lease).
The Road Home Program Unmet Needs
What is Unmet Needs?
Resource Information (One Page Flyer)
It has been recognized that applicants may have encountered obstacles in becoming
compliant with their Road Home Covenants. An Unmet Needs process has been created
to assist these applicants in becoming compliant. There are approved Unmet Needs
and required documentation to prove each need.
No monies will be disbursed to applicants but disbursed on their behalf
for appropriate rebuilding measures.
Who is eligible for Unmet Needs?
The policy is ONLY applicable to:
- Homeowners that have not met the terms of their grant agreement and/or covenants,
and are subject to recapture of grant funds,
- Homeowners who have not returned home (unable to re-occupy the damaged residence)
and/or who have not completed elevation (if they were required to elevate),
-
Compliant with your Road Home Grant(s), but have a negative variance on the file due to a Duplication of Benefits (Additional insurance payment) and/or overpayment.
The implementation of this policy does NOT provide any additional
funding to Road Home Applicants. However, it adjusts the amount of Road
Home assistance received to account for funds that the applicant intended to use
for home repair and reconstruction, , but due to the circumstances beyond the homeowner’s control, the intended repairs did not occur.
What are the approved Unmet Needs?
Contractor/builder fraud
Contractor fraud is defined as an act committed by a contractor, misrepresenting
themselves to a applicant, in which services were not performed according
to a binding contract and payment.(The work in which an applicant paid for, were not completed).
Examples:
- Contractor received payment but did not start project.
- • Contractor received payment but did not complete the repairs or completed repairs that rendered structure uninhabitable.
- Contactor received payment but did not deliver home or delivered home in an uninhabitable
state.
Documentation Required:
- Evidence of payment(s) made to contractor/builder demonstrating the attempt to properly
use Road Home proceeds; and
-
Contractor received payment but did not complete the repairs or completed repairs that rendered structure uninhabitable.
- Proof that the rebuilding/repairs were not completed (e.g., photos showing current condition of home, current estimate of reconstruction/repairs from a new contractor, physical inspection, etc.) or that the replacement home was uninhabitable; and
- Evidence that a formal complaint was filed against the contractor/builder accused
of fraudulent practices with the proper law enforcement officials or a state regulatory
agency or court (civil complaints). Complaint must have been filed by December 31,
2012 or within one (1) year of the date the homeowner signed a contract with the
contractor/builder, whichever is later. The applicant will also be expected to provide
the case/item number or report number and the name of the law enforcement or regulatory
agency with which it was filed.
Involuntary forced mortgage payoff
An involuntary forced mortgage payoff is when the mortgage company forced you to
use your Road Home Funds to either put a large payment toward your mortgage balance
or to pay your mortgage off in full.
Examples:
The total amount of the Forced Mortgage Payoff cannot exceed the amount the applicant received in Homeowners and/or flood insurances.
This cannot be a voluntary pay off. An involuntary forced mortgage payoff is when the mortgage company forced you to use your Insurance Funds toward your mortgage balance.
- The mortgage company forced a large payment toward mortgage, to pay the mortgage amount down.
- The mortgage company forced total payoff of your mortgage in full.
Documentation Required:
- Support Documents to prove the mortgage was “forced” to be paid off:
- A copy of the mortgage policy stating that any proceeds must be used to repay the
mortgage; and/or
-
A copy of the entire “recorded” mortgage, with the insurance “acceleration clause” stating that the mortgage company reserves the right to apply any or all of the insurance proceeds to the payoff of the loan, due to:
- a. Damage that exceeds the feasibility of the collateral securing the mortgaged amount,
- b. A loan in default on payments (arrears), and/or
- c. Other defined, special circumstances.
“OR”
- A completed Third Party FMP Verification Form where stating that a payoff/pay down was forced by the mortgage company and listing the name of the mortgage company, the person the case manager spoke with, and date/ time of the call.
- Support Documents to prove the “amount” of the mortgage that was forced to be paid off:
- A copy of the Insurance (Homeowners or Flood Insurance) Check, made payable to the applicant and the Mortgage Company. The Forced Mortgage Payoff is not to exceed the insurance payment(s), made payable to applicant and mortgage company(s)
- If applicable, a copy of the check made payable to the applicant from the mortgage company, (to support the amount of insurance proceeds applied to the payoff of the mortgage and the returned remainder to the applicant),
"AND"
- A Payoff Statement, from the mortgage company, stating the date and the amount of the mortgage at the time of payoff. This may also be a printout statement from the Mortgage Company.
"OR"
- The completed Third Party FMP Verification Form with the “Grant Amount Applied to Mortgage” amount supplied by the Mortgage Company, documented on the form, by the case manager.
If you do not have documentation but believe this occurred we may be able to contact
the mortgage company on your behalf. We would need the account number, name on mortgage
loan, mortgage company, name, and consent to obtain necessary information.
Theft/vandalism
Theft / Vandalism identifies that there was intent by another, to steal and/or destroy
your personal property. Personal property includes items and/or materials purchased
with your Road Home funds, to repair your damaged residence.
Examples:
- Building supplies / materials stolen
- Structure damaged (i.e. remove pipes, graffiti, etc)
Documentation Required:
- Case number or police report that identifies what was stolen and/or the extent of
damage from vandalism; and
- Copy of insurance claim (if one was filed).
Damage from a subsequent event
Your damaged residence was in the process of being repaired and rebuilt with your Road Home funds and due to a subsequent event (storm, fire, flood), you experienced damages prior to returning home.
Examples:
- Storms (named or unnamed)
- Fire
- Flood
Documentation Required:
-
Insurance paperwork, building inspections, photos or similar documentation showing
that a subsequent event – such as another hurricane or fire – caused damages to
the residence during the repair process; or
-
Proof of payment(s) showing that funds were expended on repairing/rebuilding damaged
residence prior to incurring damages from a subsequent event (e.g. cancelled checks,
copies of paid invoices, etc.); and
-
Inspection of the property completed by the Road Home program’s Home Evaluation
Department detailing the work needed to complete repairs.
Interim Housing Expenses
During your recovery process, you incurred housing expenses. Interim Housing is defined as temporary rental costs not covered by insurance or other assistance or similar financial assistance received due to damage to the home listed on the Road Home application. These expenses can only be established for one location during any given time period.
Examples:
- Road Home funds used for rent/lease payments during the period that the homeowner was displaced due to the hurricane damage.
Documentation Required
Interim Housing Affidavit-
- A lease agreement and proof of rental payments for location and term specified
- Proof of payment(s) showing that funds were expended on specified rent/lease payment
by location; for example, cancelled checks, copies of paid invoice, payment ledgers
from the Rental Company, etc. (Handwritten cash receipts are not acceptable); and
- Interim Housing Affidavit and program 3rd party verification of all provided information.
Elevation used for Repairs (Reclassify Elevation Funds)
The Road Home Program has mailed letters to all applicants that are non-compliant with their Elevation Incentive Agreement. If you received a letter, you have the following options / remedies, to comply:
- Provide Elevation Certificates
Initial and Final Certificates
- Reclassify Elevation Funds
If you received the Road Home Elevation Incentive Grant from the Road Home Program, but were unable to elevate your home due to cost, and used those designated funds to repair and/or rebuild your damaged residence. Reclassification of the elevation funds to another grant that you received may be applied.
Reclassification of the elevation funds to another grant that you received may be applied if you received the Road Home Elevation Incentive from the Road Home Program, but were unable to elevate your home due to cost, and used those designated funds to repair and/or rebuild your damaged residence.
Examples:
- Road Home Elevation Funds used to repair/rehabilitate home
- Reclassification of elevation funds as another Road Home grant (Compensation, Affordable
Compensation Grant)
- PROOF OF FUNDS
Documentation Required:
If you do not have the “required documentation” listed below, please contact the Road Home Program and we will schedule an Inspection of the repairs completed on your home in order to provide an estimated cost valuation to be used to reclassify your elevation funds.
- Valid contract showing funds used totaled all proceeds received for home repairs
- Receipts for repairs to home totaling all proceeds received
- Submit documentation for an Unmet Need (listed above) to reduce the negative variance for elevation
- Participate in the “Elevation Cost Valuation” (ECV) Inspection Process
The ECV Inspections are designed to assist homeowners by performing a professional evaluation of the completed home repairs, and estimating the cost of those repairs using construction estimating software.
The goal of the ECV Inspections are to assist applicants that received and Elevation Grant, used their elevation proceeds to complete repairs on their homes, but do not have documentation to the expenditures.
If the resulting ECV report amount exceeds ALL insurance, compensation grant, and ACG proceeds received, the applicant can apply the excess amount to the elevation grant. The elevation funds will be reclassified as Compensation Grant – up to the lesser of the excess amount, or the Elevation proceeds.
- Provide documentation of “Elevation Activities Completed” (EAC)
The Elevation Activities Completed (EAC) option, would allow for the use of a valid “activity” to reduce the amount of the Road Home Elevation funds received only. This amount will NOT include all other Road Home Grants, Insurance Duplication of Benefits and/or FEMA.
Files that are currently in a recoverable status for elevation only, will be allowed to provide valid documentation showing costs associated with an eligible elevation activity was undertaken on the damaged residence. The allowance of funds used to complete these “eligible elevation activities” should be considered for use to reduce any Road Home variance for Elevation funds only.
Definition / Examples of Eligible Elevation Activity Costs:
- Leveling; contract and proof of payment,
- Shoring; contract and proof of payment,
- Incomplete Partial Elevation of structure (not including Mitigation Measures)
- Incomplete 2nd Story Conversions
Shared Equity
Shared Equity is available as an option that will assist applicants requiring rehabilitation or construction assistance with expenses in excess of the Road Home grant, as well as other financial benefits received as a result of damage from hurricanes Katrina or Rita. The Road Home program can make such funding available to the grant recipient in the form of a shared equity agreement requiring, upon sale of the house, repayment to the State for the Road Home funds that were issued through the shared equity agreement.
Grant Repayment
Grant Repayment is allowed for all applicants who are unable to demonstrate an unmet need or otherwise wish not to comply with the Road Home covenant requirements.
Other Circumstances
Other circumstances that occurred after your initial Road Home closing that may
have hindered and/or delayed you from repairing and/or rebuilding your damaged residence
with your Road Home funds.
Examples:
- Additional time required to complete repairs
- Death of Applicant and Co-Applicant, if applicable
Documentation Required:
- Proof of current contract, permits and sufficient funds to complete repairs/rehabilitation of home
- Death Certificate for deceased Applicant and Co-Applicant, if applicable
***Issues that are NOT available for Unmet
Needs consideration include, but are not limited to:
-
Medical Issues
-
Financial Hardships (Loss of employment)
-
Insufficient funds to complete repairs
-
Shoddy work by the contractor, but the residence is habitable
Note: The list above is not intended to be comprehensive. OCD-DRU reserves
the right to request any and all forms of documentation that may be required to
substantiate an applicant’s claims of having encountered a circumstance that has
prevented him or her from fulfilling the obligations detailed in the documents executed
at closing.
There is a list of options available to assist in bringing files to a completed
state. Depending on the specific situation surrounding the need of the applicant,
the following options are available:
The Covenant Extension is for a period of one (1) year and is available for those
applicants that can demonstrate sufficient information to prove that all repairs/rehabilitation
will be completed within the time frame set forth. Such information includes, but
is not limited to, a current contract with a valid contractor, source of funds to
complete repairs, etc.
Post Closing Option Change
A Post Closing Option Change is available for Road Home applicants who have received
Road Home Funding under any option selection and wish to change their option after
closing/funding with the exception of Option 2 or 3 applicants who wish to change
to Option 1. For the applicant to receive this option they will need to supply a
written request showing the change they request.
Covenant Release
The Covenant Release is an elimination of the Road Home Covenant requirement. This
option will require a written request by the applicant along with sufficient documentation
to show just cause for release of covenants. These documents will be provided to
OCD for final approval.
Loan Principal Repayment Grant
The Loan Principal Repayment Grant (LPRG) is comprised of two parts. One aspect
assists applicants in securing a private loan through an approved financial institution
and provides supplemental funding on behalf of the applicant to the financial institution
for the purposes of repairing the home. The other aspect is the construction disbursements
directly through the Road Home Program to the contractor on behalf of the applicant
for the purposes of repairing the home.
Elevation used for Repairs (Reclassify Elevation Funds)
Reclassification of Elevation is available as an option that will allow the removal
of the elevation compliance requirement. This option will require a written request
(DDL) by the applicant along with sufficient documentation to substantiate the claim.
Grant Repayment
Grant Repayment is allowed for all applicants who are unable to demonstrate an unmet
need or otherwise wish not to comply with the Road Home covenant requirements.
Program funded by the U.S. Department of Housing & Urban Development.
Housing centers are accessible and reasonable accommodations will be provided as
requested.
All content © 2012 The Road Home Program