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HomeMy WebLinkAbout037-R-21 Authorizing the Implementation of the Evanston Local Reparations Restorative Housing Program3/22/2021 37-R-21 A RESOLUTION Authorizing the Local Reparations Restorative Housing Program WHEREAS, In 2002, the City Council supported US House Resolution 40 (HR-40), calling for a Federal Commission to study slavery and its vestiges, and to make recommendations for reparations, with the adoption of Resolution 43-R-02, "Slave Reparations"; and WHEREAS, In November 2019, the Evanston City Council adopted Resolution 126-R-19, "Establishing the City of Evanston Reparations Fund and the Reparations Subcommittee"; and WHEREAS, City Council committed the first ten million dollars ($10,000,000.00) of the City's Municipal Cannabis Retailers' Occupation Tax (3% on gross sales of cannabis) to fund local reparations for housing and economic development programs for Black Evanston residents; and WHEREAS, In passing Resolution 58-R-19, "Commitment to End Structural Racism and Achieve Racial Equity", the City of Evanston government recognizes that like most, if not all communities in the United States, the community and the government allowed and perpetuated racial disparities through the use of many regulatory and policy -oriented tools; and WHEREAS, The Local Reparations Restorative Housing Program ("The Program") acknowledges the harm caused to Black/African-American Evanston residents due to discriminatory housing policies and practices and inaction on the part of the City; and 3-R-20 WHEREAS, The Program is a step towards revitalizing, preserving, and stabilizing Black/African-American owner -occupied homes in Evanston, increasing homeownership and building the wealth of Black/African-American residents, building intergenerational equity amongst Black/African-American residents, and improving the retention rate of Black/African-American homeowners in the City of Evanston. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS THAT: SECTION 1: The City Council hereby adopts the City of Evanston Local Reparations Restorative Housing Program attached as Exhibit A. SECTION 2: The City Council hereby directs initial funding in the amount of $400,000.00 from the Local Reparations Fund for the purpose of this program. SECTION 3: Resolution 37-R-21 shall be in full force and effect from and after its passage and approval in the manner provided by law. Attest: G� Devon Reid, City Clerk Adopted: January 11 , 2021 Stephen H. Hagerty, Mayor Approved as to form: Kelley A. Gandurski, Corporation Counsel -2- 3-R-20 -3- 3-R-20 EXHIBIT A The City of Evanston Donation Policy -4- City of Evanston Local Reparations: Restorative Housing Program ton M Guidelines 2100 Ridge Avenue, Evanston, Illinois 60201 PHONE: 847-448-4311 1 EMAIL: Reparations@Cityofevanston.org RESTORATIVE HOUSING PROGRAM GUIDELINES Table of Contents Section 1 Program Purpose Section 2 Definitions Section 3 Program Eligibility Section 4 Application Submission and A /p4/al Procedure S pp pP Section 5 Program Descriptions � Section 6 General Rules any' d Terms oftiEligibility Section 7 Property and,(5 cupanncy y Section 8 Eligible Use/Diisbursement of Funds Section 9 Disbursement Process Section 10 Policy Modifications Section 11 File Maintenance Page 12 Section 1 - Program Purpose In 2002, the City Council supported US House Resolution 40 (HR-40), calling for a Federal Commission to study slavery and its vestiges, and make recommendations for reparations, with the adoption of Resolution 43-R-02, "Slave Reparations." In November 2019, the Evanston City Council adopted Resolution 126-R-19, "Establishing the City of Evanston Reparations Fund and the Reparations Subcommittee." The resolution committed the first ten million dollars ($10,000,000.00) of the City's Municipal Cannabis Retailers' Occupation Tax (3% on gross sales of cannabis) to fund local reparations for housing and economic development programs for Black Evanston residents. In passing Resolution 58-R-19, "Commitment to End Structural Racism and Achieve Racial Equity," the City of Evanston government recohzes the government allowed and perpetuated racial disparities through the use -of many regulatory and policy - oriented tools. The Restorative Housing Program ("The Pro gram"),,the first Program of the Evanston Local Reparations Fund, acknowledges the harmcaused to Black/African-American Evanston residents due to discriminatory: housing policies and practices and inaction on the City's part. The Program outlined in th�is�d co u nt>is a step towards:Ile • Revitalize, preserve, homes in Evanston; • Increase he residents; • Build interge • Improve the Evanston. Section 2 - Definitions Black/African-American owner -occupied n b 'iid the wealth of Black/African-American ity amongst Black/African-American residents; and of Black/African-American homeowners in the City of 1. Ancestor: African American or Black resident of the City between 1919 and 1969 who may have children, grandchildren, great-grandchildren, or other issue defined as a "Direct Descendant." 2. Applicant: Black or African -American person seeking compensation based on the criteria outlined in this guideline. 3. Black or African -American: A person having origins in any of Africa's black racial and ethnic groups. 4. Co -Owners: Persons who own or intend to own real property as joint tenants or tenants in common. Co -owners must occupy the property as the principal residence. Page 13 5. Contractor: The party responsible for overseeing construction, improvement, or rehabilitation project(s) and entering into a contract with the property owner. 6. Direct Descendant: A blood relative in the direct line of descent of an African American or Black resident of the City between 1919 and 1969. 7. Principal Residence: Primary home where the Applicant lives and not the second home of the Applicant. The primary home may include a multi -unit structure. 8. Program Manaqer. An employee of the City who has the responsibility for overseeing the Program. 9. Resident or Residencv: An individual with an ownership or rental interest in real property in the City or otherwise legally occupies real property in the City. 10.The City: City of Evanston, Illinois, within the municipal boundaries. Section 3 - Program Eligibility Eligibility for the Program, the Applicant must be following: sufficient proof of the 1. If the Applicant is an Ancestor as define&n'�Section 2, proof of: a. Age b. Race c. Residency as defined in Section II 2. If the Applicant is a Dir, ct Desce_ndant ` s defined in Section 2, proof of: a. Age b. Raceme=.� c. Rela't_ionship 3. If the Applicant does notrqualify as an Ancestor or Direct Descendant as defined in Section 2, but oth (�rw"' se meets the eligibility criteria outlined in Section 4, proof of: a. Age b. Race c. Residency as defined in Section II d. Any City ordinance, policy, or procedure that served against the Applicant in the area of housing. to discriminate Page 14 Sample List of Documents Residency, Race or Age' • Contract to purchase a • Paycheck stub • Bills home in Evanston • Tax return o Gas • Rental contract or lease • W-2 o Electric • Home Insurance • Social Security o Telephone Declaration Statement o Water • Mortgage Agreement • Vehicle Registration • Installment Loan • Property Closing card Document Statement • Grade school/High • Library Card (must • Voter's Registration Card School records or include name and • Voter's History (online) yearbook(s) address) • Property Deed • Obituary • Bank Statement • Enumeration record • U.S. Census n Sample List of Documents of AncestryZ • Birth certificate/announcement or other family-g ne ealogy records V • Adoption records • Marriage record • Hospital or physician's record:of birth o death • Baptismal record • Family bibleecord • School record y a book • Government/ milit ryrecords • Obituary • U.S. Census enumeration record • Insurance documents • Court records 1 This list of documents is not complete, exclusive, or exhaustive. Other records, such as Evanston History Center and Shorefront Legacy documents, maybe acceptable so long as they provide sufficient proof. There may be costs associated with certain documents and databases. Z This list of documents is not complete, exclusive, or exhaustive. Other records, such as Evanston History Center and Shorefront Legacy documents, may be acceptable so long as they provide sufficient proof. There may be costs associated with certain documents and databases. Page 15 Section 4 - Application Submission and Approval Procedures The City Manager's Office has primary responsibility for overseeing the administration of the Program. The Program Manager will keep, at minimum, applications and all required documents to verify eligibility with program requirements and would be responsible for application intake. The application process includes the following: 1. The Applicant submits the completed application form. 2. The Applicant submits documentation showing sufficient proof as discussed in Section 3. 3. El 5 Program Administrator verifies application and documentation for completeness. Xr., The Reparations Committee determines eligibili�ty'for the Program based upon these guidelines. The Reparations Committee shall be responsible for creating a randomization process to identify approved Applicants should there be more approved Applicants than available funds., \\ 6. The Repara approved Al 7. After the Re notify the Al the amount Applicants ii Initial applications 1. An Applicant applying as an Ancestor. 2. An Applicant applying as a Direct Descendant. Program Administrator of n, the Program Administrator will ial. Approval letters shall include e availability of funding can assist Iry. 1ed.3 in the following order: 3. An Applicant that does not qualify as either an Ancestor or Direct Descendant, however, experienced housing discrimination due to the City's policies/practices after 1969. - Applications thereafter will be accepted on a rolling basis. a Funding is subject to application approval and availability of funds. Page 16 Section 5 - Program Descriptions 1. Home Ownership Benefit The Home Ownership benefit provides down payment/closing cost assistance to purchase real property located within the City. 2. Home Improvement Benefit The Home Improvement benefit provides funds to repair, improve, or modernize real property located within the City. 3. Mortgage Assistance Benefit Mortgage Assistance benefit provides funds interest, and/or late penalties for real property, Section 6 - General Rules and Terms of Ell Applicants must meet the criteria outlined,�in these 1. The Applicant must submit an application�f< 2. The Applicant must be-1 a. At least 18 years of age, b. Of Black/Africah�Amek'bq ancestry; down mortgage principal, within the City. eral Rules. gibiiity as stated in Section 5. ":i N. -, N c. An Anc - stor that experienced housing discrimination due to the City s policies/practices; or ) grandchild, great-grandchild, d. A Direct Desc�diant�of an Ancestor (e.g., child, g and , g g , and so on); e. An Applicant does not qualify as ah Ancestor or Direct Descendant, however, experienced housing discrimination due to City ordinance, policy, or practice after 1969. 3. An approved Applicant may qualify for up to $25,000 for any benefit described in Section 5, which may be used for a single benefit or multiple (e.g., $15,000 for Home Improvement and $10,000 for Mortgage Assistance). 4. An Applicant may transfer Program funding to a Direct Descendant. The Direct Descendant recipient shall be bound by all other rules and regulations governing the Program. Page 17 5. The maximum investment in any single property is $50,000. This will require two eligible Applicants that are Co -Owners of the property. 6. An approved Applicant and any Co -Owners must occupy the subject property as their Principal Residence. 7. Funding may be layered with other City or external programs for which the Applicant is eligible (e.g., down payment and closing cost assistance through the State of Illinois or United States Department of Housing and Urban Development (HUD) and CDBG Housing rehabilitation program). 8. The City will record a Memorandum of Grant recorded if any, or separately if none) to ensure transfer of the property associated with the bens 9. The Program is subject to the availabil:ity,of utilized within one year after approval. 10.Applicant participation or non -pa future participation in other Ci initiatives, or programs. . Section 7 — Property and -Occupancy with any other documents of sale, refinance, or other ng. Approved funds must be Program does not preclude Local Reparations benefits, 1. Geographic ;Boundariesk\ Properties are located within the current dity limits of Evanston, Illinois. 2. Eligible Properties The property must be a single-family residence, condominium, townhome, or multi -unit dwelling(s). 3. Occupancv Requirements The property must be the principal residence of the Applicant or Co-Owner(s). Section 8 - Eligible Use/Disbursement of Funds 1. Home Ownership Benefit A. The Applicant must provide proof of ability to purchase subject property, including but not limited to mortgage approval with an FDIC insured lending institution. Page 18 B. Funds will be disbursed at closing to the title company. C. The Applicant must occupy the subject property as their Principal Residence. 2. Home Improvement Benefit A. If requested, up to $10,000 may be released for pre -construction costs and/or payment to a contractor to secure materials/deposit for the work. B. The payment schedule and required documentation will be developed and approved based on the scope of work with the Applicant and Program Manager. C. The Contractor must be licensed and insured. D. Funds disbursed directly to the Contractor. Home Improvement Projects ELxamples4 • Interior or exterior remodeling or beautification(e.g.'; �landscaping and external amenities); � • Items that alleviate a physical hardship ford cabled or elderly ( e.g., egress ramps, grab bars, mobility modifications totchen and baths, etc.); • Structural, electrical, mechanical;'plubi g ` mnd fire prevention improvements or corrections; • Items that will lengthen the -useful lii siding replacement) • Items that ` conserve energy andresources (e.g., .upgrading of dwelling s thermal protection, installing ter -saving fixtures, installing energy -efficient furnaces or ot, er-major mechanical equipment, and/ or window replacement; • Creation � f n w or additional habitable space. 11 structure (e.g., roof replacement, 3. Mortgage Assistance Benefit All funds must be paid directly to the mortgage loan servicer, pending verification of any outstanding mortgage balance. ° This list of documents is not complete, exclusive, or exhaustive. Other home improvement projects may be acceptable. Page 19 Section 9 - Disbursement Process Upon approval by City Council, funds will be disbursed electronically or via check to the closing agent for disbursal when Applicant closes on a home purchase; to the Contractor upon receipt of an invoice; or the lender for a mortgage payment. Section 10 - Policy Modifications The Evanston City Council shall have the authority to modify this policy as necessary for the continued implementation of the Restorative Housing Reparations Program. Section 11 - File Maintenance Files are maintained to ensure eligibility and meet all compliance requirements. Files will be kept in accordance with Illinois Local Records ct, k)ECS 205 et seq. and the Freedom of Information Act, 5 ILCS 140/1 et seq. Page 1 10