Financing Your Community

Feature Article: Anthony J. DiMarco and Gerard D. DiMarco

Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of the financial markets over the past 25 years, and the impact these fluctuations have had on available loans has been huge. In this article we will address some of the important issues that community owners may face during the lending process.

Lenders are back after the credit crunch of a few years ago

Since the financial crisis that began around 2007, the capital markets began to slowly re-emerge in late 2010 and early 201 for manufactured home community lending on a wide scale. Today's lending market, combined with historically low interest rates, is the strongest it has been in years. Lenders are eager to provide long term fixed rate, non-recourse loans with 30 year amortizations on manufactured home communities. We are currently helping a customer refinance a five year commercial mortgage-backed security (CMBS) loan that closed in March 2010 (our records indicate it was one of the nation's first CMBS loan post financial crisis) with a ten year fixed rate loan at less than 4.25%. The existing loan the borrower is paying off had a rate of 6.5%.

A few other real world examples include recently helping a client lock a ten year fixed rate loan at 3.51%! Additionally, another client just secured a 4.2% long term fixed rate, replacing a rate of 6.5% from the previous note. The market has improved dramatically!

There are currently numerous lending platforms and options available for community owners including conduit lenders (CMBS), life insurance companies, Fannie Mae, Freddie Mac, credit unions, and traditional bank loans. There are also a wide range of product options and features available in today's financial market including bridge lending, short term floating rate debt, interest only, mezzanine debt, and flexible prepayment options. With so many options available, finding loan that suits your specific needs as a manufactured community owner is possible.

How to obtain a mortgage

There are two major components that lenders review when analyzing a loan request; the guarantor, and the property itself. On the guarantor side, most lenders look for an individual to have a credit score of at least 600 and a sufficient net worth. Even though most of the loans we offer are non-recourse, our lenders still look for those minimum requirements. On the property side, as a general rule, our lenders require a minimum loan amount of $500,000, a minimum debt service coverage ratio of 1.25x, and paved roads. There are also numerous aspects to manufactured home communities that make them unique compared to other asset classes.

Every community can qualify for a loan!

We have financed deals with low occupancies, private utilities, and low populations. However, having a better understanding of what lenders prefer can be helpful in assessing your property, or a potential acquisition, in preparation for a new loan. The type of loan and benefits of the mortgage depend on the checklist" of items a lender reviews. Some of the key components that determine the rate and terms of a loan include:

• Community quality
• Borrower experience and equity
• Loan-to-value (LTV)
• Financial and occupancy trends of the property
• Infrastructure quality - roads

Financing Your Community

Feature Article: Anthony J. DiMarco and Gerard D. DiMarco

Almost every community owner at some point in time will experience the need for financing of some kind. There have been many ups, downs, and complexities of the financial markets over the past 25 years, and the impact these fluctuations have had on available loans has been huge. In this article we will address some of the important issues that community owners may face during the lending process.

Lenders are back after the credit crunch of a few years ago

Since the financial crisis that began around 2007, the capital markets began to slowly re-emerge in late 2010 and early 201 for manufactured home community lending on a wide scale. Today's lending market, combined with historically low interest rates, is the strongest it has been in years. Lenders are eager to provide long term fixed rate, non-recourse loans with 30 year amortizations on manufactured home communities. We are currently helping a customer refinance a five year commercial mortgage-backed security (CMBS) loan that closed in March 2010 (our records indicate it was one of the nation's first CMBS loan post financial crisis) with a ten year fixed rate loan at less than 4.25%. The existing loan the borrower is paying off had a rate of 6.5%.

A few other real world examples include recently helping a client lock a ten year fixed rate loan at 3.51%! Additionally, another client just secured a 4.2% long term fixed rate, replacing a rate of 6.5% from the previous note. The market has improved dramatically!

There are currently numerous lending platforms and options available for community owners including conduit lenders (CMBS), life insurance companies, Fannie Mae, Freddie Mac, credit unions, and traditional bank loans. There are also a wide range of product options and features available in today's financial market including bridge lending, short term floating rate debt, interest only, mezzanine debt, and flexible prepayment options. With so many options available, finding loan that suits your specific needs as a manufactured community owner is possible.

How to obtain a mortgage

There are two major components that lenders review when analyzing a loan request; the guarantor, and the property itself. On the guarantor side, most lenders look for an individual to have a credit score of at least 600 and a sufficient net worth. Even though most of the loans we offer are non-recourse, our lenders still look for those minimum requirements. On the property side, as a general rule, our lenders require a minimum loan amount of $500,000, a minimum debt service coverage ratio of 1.25x, and paved roads. There are also numerous aspects to manufactured home communities that make them unique compared to other asset classes.

Every community can qualify for a loan!

We have financed deals with low occupancies, private utilities, and low populations. However, having a better understanding of what lenders prefer can be helpful in assessing your property, or a potential acquisition, in preparation for a new loan. The type of loan and benefits of the mortgage depend on the checklist" of items a lender reviews. Some of the key components that determine the rate and terms of a loan include:

• Community quality
• Borrower experience and equity
• Loan-to-value (LTV)
• Financial and occupancy trends of the property
• Infrastructure quality - roads

Earlier this week the 2015 Oregon Legislative Session adjourned.    This session was notable for two reasons - the first for passing MHCO's long awaited changes eliminating past due taxes on abandoned homes and the second for the tenacity of rent control to raise it's head in floor debates, a legislative work group proposal and amendments. 

The increase in the cost of housing  particularly in many of Oregon's urban areas manifested itself in a drive to bring forward rent control in various forms.  This will not be the last we hear of rent control as we head into 2016.  Considering that in many cases MHCO was able to defeat rent control by just one vote in committee raises concerns as we set our sights on the February 2016 Oregon Legislative Session and especially the 2017 Oregon Legislative Session if elections continue to go as badly as they have for the business community over the past four years. 

In the end, MHCO is thrilled with what we were able to accomplish in the 2015 Legislative Session - one of the best pieces of pro-landlord legislation in the last decade, but we have serious reservations where the Legislature is headed on issues that are of great concern to landlords and business owners. 

MHCO will be providing extensive information on the new tax rules for abandoned homes later this year at the MHCO Annual Conference as well as information on other issues in the 2015 Landlord Tenant Coalition Bill that passed in this Legislative Session.  The new laws do not go into effect until January 1, 2016.  New forms will be necessary - MHCO will have those available to members on-line later this year as well.

Finally, here is a summary of some of the legislation that MHCO worked to defeat this session.  Other than the Coalition Bill (HB 3016) there were no other bills that MHCO supported - that in itself is a sad commentary on this legislative session considering the thousands of bills introduced.

MHCO Legislative Summary - MHCO Defeated Proposed Legislation

HB 2564 - (Inclusionary Zoning) Permits local governments to impose conditions on approved permits that effectively establish sales price for up to 30 percent of residential development or limit purchase to class or group of purchasers in exchange for one or more developer incentives.

This bill was the source of a lot of angst this session - with rent control advocates mentioning the need for rent control during the House Floor debate on this bill.  In the Senate rent control advocate drafted a rent control amendment (dash 5) - amendment defeated by just one vote in committee.

HB 2573 - Authorizes residential tenant to install on premises and use electric vehicle charging station for personal, noncommercial use.  Likely to be re-visited in Feb 2016.

HB 3494 - Prohibits landlord from requiring applicant or tenant to declaw or devocalize animal otherwise allowed on premises or to advertise in manner that discourages application from potential applicant with otherwise allowed animal that has not been declawed or devocalized.  Fine up to $1,000.

HB 3076A - Requires Oregon Health Authority to analyze ground water contaminant data and provide education in problem areas.  Would have increased reporting requirements for manufactured home communities operating wells.  Likely to be re-visited in Feb 2016.

HB 3081 - Directs Department of Consumer and Business Services to adopt by rule standards to address conflicts of interest of manufactured structure dealers that are also residential landlords.

HB 3129 - Authorizes tenant to whom real estate has been leased by landlord to install and use electric vehicle charging station for personal, noncommercial use.

SB 592 - Repeals law that prevents local governments from imposing conditions on approved permits that effectively establish sales price for residential development or limit purchase to class or group of purchasers. 

This bill became the vehicle for a proposed Legislative Work Group on Manufactured Housing.  This amendment was defeated in committee by one vote. 

This morning the Oregon State Senate passed the 2015 Landlord-Tenant Coalition Bill on a vote of 29-0 with one Senator absent.  The bill now moves on to Governor Kate Brown's desk for signature. 

MHCO is THRILLED that a long standing legislative goal - the ELIMINATION of the requirement that landlords pay the back taxes on an abandoned home in their community when the landlord purchases the abandoned home is well on it's way to becoming Oregon law.  This portion of the legislation will become effective January 1, 2016.  MHCO along with Phil Querin have already created initial drafts of the forms necessary to comply with the new law.  Those forms will be reviewed and available to members on-line later this year.  We will also have an extensive article by Phil Querin available for the MHCO membership later this year as well.  Other issues contained in this legislation will be addressed at the annual MHCO Conference at the end of October.  Stay tuned for details!

This is a major win for Oregon community owners and will impact every community owner in the state.  Special thanks to Dale Strom, Adam Cook and Phil Taylor who dedicated an enormous amount of time negotiating on behalf of community owners in the landlord tenant coalition.   MHCO also thanks Diane Belt with the Oregon Tax Assessors Association for her expertise and willingness to resolve this issue. 

There have also been some less than satisfactory developments in Salem this week.

Yesterday the Oregon Senate Committee on Human Services and Early Childhood held a public hearing on HB 2564.  This is the inclusionary zoning" bill that passed the Oregon House earlier this session.  It is also the bill that Representatives in the House alluded to the as needing a rent control amendment during the floor debate in the Oregon House last month.

At yesterday's public hearing an amendment (the dash 5 amendment) was introduced that would chip away at the statewide preemption on rent control.  

Here is Phil Querin's analysis of the proposed amendment:

"When the bill attempts to exclude the application of ORS 91.225 (which prohibits rent control)

The last two weeks in the Oregon Legislature have been hectic.  Yesterday was the deadline for bills in their originating chamber to move out of that chamber.  In other words, House bills need to be out of House Committees and Senate bills had to be out of the Senate.  This results in a large number of legislative proposals not moving forward which almost always is a good thing.  The ten days leading up to this deadline is intense with lots of last minute proposals struggling to move out of committee.

HB 3016 Coalition Bill - Sails Out of Oregon House

There are three legislative proposals MHCO has been closely monitoring and lobbying.  The first is the coalition bill with the language on past due taxes on abandoned homes (HB 3016).  MHCO enthusiastically supports this bill - it is our top legislative priority.  As reported earlier this week the this legislative proposal passed out of the Oregon House of Representatives on a unanimous vote (60-0) in favor. 

HB 2564 - Rent Discussions

Unfortunately, the issue of rent in manufactured home communities received traction in both the House and Senate over the past 10 days.  In the House a proposal on inclusionary zoning (HB 2564) started to attract some discussion on rent and indirectly rent control.  HB 2564 lifts the  statewide preemption on inclusionary zoning (ORS 197.309) in Oregon.  As the discussion on this legislation moved forward it attracted interest in repealing the statewide preemption on rent control (ORS 91.255).  The House did NOT add that language, but it was tangentially mentioned in the House floor debate.  Here are three excerpts from the HB 2564 House floor debate that are concerning:

• Rep Gallegos (D-Hillsboro)  - Colleagues while I am supportive of 2564

On Monday morning the Oregon House of Reprentatives unanimously passed HB 3016 - the manufactured home landlord-tenant bill. This legislation contains the elimination of past due property taxes on an abandoned home when the community owner wants to purchase the abandoned home. This is MHCO's top legislative issue. We now move on to the Oregon Senate.

Yesterday afternoon the coalition bill (HB 3016) passed out of the House Human Services and Housing Committee late yesterday afternoon on a unanimous vote.  Representative Parrish (R - West Linn) will carry the bill.    I expect the bill to pass out of the House later next week.  This legislation contains language that eliminates the landlords responsibility to pay past due taxes when he or she purchases an abandoned home in their community.  The past due tax on abandoned homes" is MHCO's top legislative issue for this legislative session.   After trying to address this issue for the past 12 years we are thrilled that we are finally moving forward on an issue that is important to every community in Oregon.

Unfortunately

H.R. 650 Clears Key Hurdle in U.S. House

The House Financial Services Committee today passed H.R. 650, bipartisan legislation to protect the availability of financing for manufactured homes.  Introduced by Representatives Stephen Fincher (R-TN), Terri Sewell (D-AL), Andy Barr (R-KY), and Kyrsten Sinema (D-AZ), the bill protects the ability of manufactured home customers to buy, sell and refinance manufactured homes, the largest form of unsubsidized affordable housing in the nation.

H.R. 650 is cosponsored by 41 members of the House of Representatives.  Click here to see the current cosponsor list.  In addition to MHI, H.R. 650 is supported by the National Association of Realtors, Mortgage Bankers Association, and the National Association of Federal Credit Unions.

During the Committee's consideration of the legislation, the bill's champions discussed the importance of H.R. 650 to working families across America. Representatives Fincher (R-TN), Pearce (R-NM), Neugebauer (R-TX), Sinema (D-AZ), Barr (R-KY), Hensarling (R-TX), Hill (R-AR), Stivers (R-OH), and Love (R-UT) spoke in favor of the bill during the debate. Representatives Ellison (D-MN) and Waters (D-CA) spoke in opposition to the bill.  Click here to watch the bill debate (starts at 4:09).

In his remarks, Representative Fincher emphasized the bipartisan efforts to move the bill through the process: "This is not a Democrat or a Republican issue, it is an affordability of housing issue for rural America. We cannot forget about rural America - these are my constituents and many of yours."

The final Committee vote was 43 in favor and 15 opposed.  Click here to see the Committee Roster of the vote.  The bill was considered at the first markup of the 114th Congress to make changes to the Dodd Frank Act. Ten other bipartisan bills - all designed to help strengthen the economy and consumer choice by relieving harmful regulatory burdens imposed by Washington - were also passed.

H.R. 650 is now ready for consideration by the full House of Representatives. In addition, a companion bipartisan bill (S. 682) has been introduced in the Senate by Senators Donnelly (D-IN), Toomey (R-PA), Manchin (D-WV), and Cotton (R-AR).

On Monday, March 9th the Oregon House Revenue Committee held a Public Hearing and Work Session on HB 3016 - also known as the Manufactured Housing Landlord Tenant Coalition Bill.  The House Revenue Committee voted unaminsously to pass the bill to the House Human Services and Housing Committee. We expect to have one  public hearing and work session in this committee before the bill (hopefully) moves to the Oregon House floor for a vote.

In February the MHCO Board of Directors unanimously voted in support of the proposed legislation.

SUMMARY OF HB 3016, WITH AMENDMENTS, REGARDING MANUFACTURED HOME PARK TENANCIES: The Manufactured Housing Landlord/Tenant Coalition Bill

Introduction: The Manufactured Housing Landlord/Tenant Coalition, which has had a negotiated compromise bill in every session since 1997, is the source of HB 3016. The coalition consists of MH park residents, landlords, manufacturers, and other interested parties. It met 11 times between May 2014 and February 2015, for three hours each, to negotiate this bill. There are no known opponents of the bill.

A. THE PRINTED BILL: Three fixes" to the 2014 Opportunity to Purchase bill