View original document

The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.

A

PUBLICATION

OF

THE

COMMUNITY

AFFAIRS

UNIT

OF

THE

FEDERAL RESERVE

BANK

OF

SAN FRANCISCO

COMMUNITY INVESTMENTS ARCHIVES
Would you like to read more about the topics covered in this edition? Copies of past articles from Community Investments are
available on our website at www.frbsf.org/ or by request from Judith Vaughn at 415/974-2978

REVOLVING LOAN FUNDS
Counting on Local Capital: Evolution of the Revolving Loan Fund Industry (Volume 11, Winter 99)
Cascadia Revolving Loan Fund (Volume 6, Summer 94)
The Spokane Area Small Business Loan Program (Volume 5, Fall 93)

SOVEREIGN LENDING
New Direction in Native American Housing . . .The Program for the Future (Volume 9, Summer 97)
Indian Home Loan Guarantee Program: Home Ownership Opportunities for Native Americans (Volume 7, Spring 95)

AFFORDABLE HOUSING PRESERVATION

VOLUME TWELVE

Minimizing Risk and Maximizing Profit in Affordable Housing Deals (Volume 7, Fall 95)
The Affordable Housing Specialist: Capitalizing on the Fastest Growing Market Segment in our Nation (Volume 7, Summer 95)
Appraised Market Value Clarified for Affordable Housing Loans Interagency Policy Statement issued March 10, 1995
(Volume 7, Spring 95)

A New and Creative Approach to Channeling Mortgage Funds into Specific Communities (Volume 5, Fall 93)

NUMBER 1

NATIONAL HOUSING
DEVELOPMENT CORPORATION
Creating and maintaining affordable housing
remains one of the greatest challenges facing community development professionals. Learn about
the efforts of a new nonprofit focused on preserving affordable housing.

EQUITY CAPITAL CREATES RURAL JOBS
Free subscriptions and additional copies are available upon request from the Community Affairs Unit, Federal Reserve Bank of San Francisco,
101 Market Street, San Francisco, California 94105, or call (415) 974-2978.
Change-of-address and subscription cancellations should be sent directly to the Community Affairs Unit. Please include the current mailing label as well as any new
information.
The views expressed are not necessarily those of the Federal Reserve Bank of San Francisco or the Federal Reserve System. Material herein may be reprinted or
abstracted as long as Community Investments is credited. Please provide the managing editor with a copy of any publication in which such material is reprinted.

Read about one intermediary’s approach to providing rural businesses with unsecured risk capital and how it compares to other equity and venture capital instruments.

CRA LEADERSHIP COUNCIL MEMBERS
Local councils established by the Federal Reserve
Bank of San Francisco. Review a list of the
2000–1 Leadership Council members for your
state.

FIRST CLASS MAIL
U.S. POSTAGE
PAID
PERMIT NO. 752
San Francisco, CA

FEDERAL RESERVE BANK OF SAN FRANCISCO
101 Market Street
San Francisco, CA 94105
Address Service Requested

ATTENTION:
Chief Executive Officer
Compliance Officer
CRA Officer
Community Development Department

Community Investments May 2000

SOVEREIGN LENDING
A discussion of lessons learned by the Fed’s sovereign lending task forces and how they are fostering increased housing and lending opportunities on Native American reservations.

AFFORDABLE MULTIFAMILY MORTGAGE
RISK—ONE LENDING CONSORTIUM’S
10-YEAR HISTORY
A look at CCRC’s exceptional 10-year record of
financing 7,500 affordable housing units. What
they have learned, where they go from here and
what you can learn.

M A Y ’00

Community Investments May 2000

Community Investments
EDITOR-IN-CHIEF
Joy Hoffmann Molloy

NOTEBOOK by Joy Hoffmann Molloy

MANAGING EDITOR
Lena Robinson

CONTRIBUTING EDITOR
Jack Richards

DESIGN & LAYOUT
Cynthia B. Blake
If you have an interesting community development
program or idea, we would like to consider publishing an article by or about you. Please contact:

MANAGING EDITOR
Community Investments
Federal Reserve Bank of San Francisco
101 Market Street, Mail Stop 620
San Francisco, California 94105

Community Affairs Department
www.frbsf.org
(415) 974-2978
fax: (415) 393-1920
Joy Hoffmann Molloy
Director
Public Information and Community Affairs
Joy.H.Molloy@sf.frb.org
Jack Richards
Community Affairs Manager
Jack.Richards@sf.frb.org
Bruce Ito
Community Investment Specialist
Bruce.Ito@sf.frb.org
H. Fred Mendez
Community Investment Advisor
Fred.Mendez@sf.frb.org
Craig Nolte
Community Investment Advisor
(Seattle Branch)
Craig.Nolte@sf.frb.org
John Olson
Community Investment Specialist
John.Olson@sf.frb.org
Adria Graham Scott
Community Investment Advisor
(Los Angeles Branch)
Adria.Graham-Scott@sf.frb.org
Lena Robinson
Community Investment Specialist
Lena.Robinson@sf.frb.org
Mary Malone
Protocol Coordinator
Mary.Malone@sf.frb.org
Judith Vaughn
Staff Assistant
Judith.A.Vaughn@sf.frb.org

2

Community Investments May 2000

S

WHERE IS THE SPIRIT OF CRA?
Since the 1977 enactment of the CRA, a legitimate and complex community development
industry has evolved. During this time CRA has been debated, lauded, threatened, strengthened
and some argue, watered down. Given the continued scrutiny and ever-present naysayers
many, including myself, often question where the spirit of CRA has gone.
When I find myself doubting or questioning the spirit, I need only talk to one of the many
friends and colleagues I have in this business to be reminded that the spirit lies in every one of
us individually, through our personal commitment to the work we do. I was fortunate to be
amongst many of these friends and colleagues (and make new acquaintances) at the recent
interagency Community Reinvestment Conference in San Francisco. Over the course of this
three-day conference, evidence of the spirit of CRA and the passion so many have for the
work was ubiquitous:
CRA Leadership Councils: At the Federal Reserve’s CRA Leadership Council orientation and
kick-off, close to 60 financial institution council members and 40 of their CEOs, board directors
and chairs joined together to recognize the importance of this new initiative designed to
encourage bank collaboration on local community and economic development challenges and
opportunities;
CRA Awards: Over 70 entries were submitted from across the country for consideration of
a CRA Award in the lending, investment, service and community development categories. Ten
winners and runners-up were recognized at the conference’s CRA Awards luncheon;
Conference participation: Despite the lure of San Francisco, the over 400 conference
attendees stayed for and actively participated in general and breakout sessions on funds
management, equity investments, and serving emerging markets responsibly, among many
others.
It is encouraging to know that the original intent of the CRA, to invest in local communities
regardless of location and income, continues to be embraced by many financial institutions
who see the social value and financial potential of investment in untapped markets. The result
of this outstanding commitment on the part of banks, both large and small, and communitybased organizations are visible in communities across the country. The spirit is alive among
the players of this phenomenal national movement. Now perhaps it is time for us to spread
the abundance of our spirit to financial players not covered by the CRA . . . but that’s a topic
for another time.

What’s Inside
NATIONAL HOUSING DEVELOPMENT CORPORATION ....................................................... 3

HELPING SMALL BUSINESSES GROW

2000 CRA AWARDS PUBLICATION

Small business provides more than half the new
jobs in California and represents tremendous
potential as mainstream bank customers. Partnership between banks and technical assistance
providers is critical to expanding access to training and credit for small businesses. This brief
report provides an overview of the various
products and services offered by technical assistance organizations and evaluates their value
added to the process of creating, managing
and financing small businesses. It is a practical
reference that bankers can use in working with
technical assistance providers to help ensure
the viability and sustainability of small business.
Copies are available from Community Affairs
at the Federal Reserve Bank of San Francisco
by calling Judith Vaughn at 415/974-2978.

Winners of the Federal Home Loan Bank of San
Francisco/Federal Reserve Bank of San Francisco 2000 CRA Awards program were announced at the 2000 Community Reinvestment Conference held in San Francisco, April
17–19. Over 70 submissions highlighting best
practices and innovative products were received in four categories: lending, investment,
service, and community development. The winners in each category, along with all the qualified submissions, have been published in the
2000 CRA Awards publication. This is a valuable resource for everyone working in community development.
The full text publication is available at http:/
/www.frbsf.org/candca/conspubs/
2000CRAwards/index.html. To obtain a hard
copy contact Judith Vaughn at 415/974-2978.

ARIZONA NATIVE AMERICAN CDC
(ANACDC)

COMMUNITY AND ECONOMIC
DEVELOPMENT CONFERENCE 2000

THE STATE OF HOUSING IN
ARIZONA 2000

ANACDC is a multi-bank CDC created to provide credit and technical services to qualified
businesses and individuals situated on reservations in Arizona. The multi-bank arrangement
allows banks to increase lending and investment
opportunities to Native Americans while sharing risks with other lenders. ANACDC is the first
of several state CDCs operated by Emergence,
the American Indian Credit Association.
For further information, contact Charley
Wagner, executive director, at 406/338-2960.

Seizing opportunities in a changing financial
landscape is the theme of this year’s conference sponsored by the Federal Reserve Banks
of Chicago and St. Louis and the American
Bankers Association. Topics of timely importance will explore the impact of financial modernization, using risk-based pricing and economic development strategies. Save the dates
of October 30–November 1, 2000.
For further information, please contact Barbara Sims-Shoulders at 312/ 322-8232 or
Barbara.E.Shoulders@chi.frb.org.

This timely resource provides housing data
including information on market trends,
analysis of barriers to housing affordability
and policy recommendations. Published by
the Arizona Housing Commission, this extensive report is based on interviews with housing representatives from agencies,
nonprofits, reservations and the private
sector throughout the state. Contact Patsy
Martinez at 602/280-1365 to obtain a copy
or online at www.azcommerce.com/
housingcommission.htm. The commission
director, Dan Miller, may be reached at
602/280-1455.

MORTGAGE CREDIT PARTNERSHIP
(MCP) RESOURCE GUIDE
Are there barriers to mortgage lending based
on race? A new resource guide published by
the Federal Reserve Bank of St. Louis not only
addresses this question, but also offers specific recommendations for eliminating barriers
and increasing homeownership opportunities.
This comprehensive guide is the collaborative
effort of professionals from various industries
involved in the mortgage process and is written to advance discussion of this issue in markets across the country through similar MCP
projects. The guide is available online in PDF
format at http://www.stls.frb.org/
caffairs/publications.html or by calling Diana
Zahner at 314/444-8891. Reports highlighting
local MCP projects are also available respectively from the Community Affairs departments of the Boston, Chicago, Cleveland, New
York and San Francisco Feds.

EQUITY CAPITAL CREATES RURAL JOBS ........................................................................ 8
CRA LEADERSHIP COUNCIL MEMBERS ........................................................................ 12
SOVEREIGN LENDING ....................................................................................................... 15
AFFORDABLE MULTIFAMILY MORTGAGE RISK ............................................................... 18

Community Investments May 2000

23

A National Effort to Preserve Affordable Housing

THE FEDERAL RESERVE BANK OF SAN FRANCISCO
&
THE FEDERAL RESERVE BANK OF ST. LOUIS
IN PARTNERSHIP WITH

WASHINGTON UNIVERSITY IN ST. LOUIS
PRESENT THE

2000 NATIONAL COMMUNITY DEVELOPMENT LENDING SCHOOL
JULY 16–20, 2000
WASHINGTON UNIVERSITY
ST. LOUIS, MISSOURI

Join Us

I

FOR PROGRAM AND REGISTRATION INFORMATION

n spite of the robust American
economy, the need for affordable
housing continues to grow. Today, this nation provides affordable housing for only one-fourth
of those who need it. As a country,
we are not building enough affordable
housing to keep up with the huge demand. At the same time, the stock of
existing affordable rental housing is diminishing through neglect, deterioration and, most importantly, the pending expiration of federal subsidies.
Many experts have recognized this
problem, including the National Housing Conference1, which is calling for

Please contact Fred Mendez at (415) 974-2722 or check our website in late May at http://www.frbsf.org/frbsf/events/
index.html

1

for five days of intensive training on the key issues and current industry trends relevant to community development lending
in today’s business environment. Training in five core areas—single-family and multifamily housing, small business, commercial
real estate and community-based facilities lending—stresses the day-to-day mechanics of underwriting community development loans and ensuring their long-term profitability.
A redesigned and challenging curriculum has been developed by an advisory committee of community development bankers,
training professionals and representatives of bank regulatory agencies to focus on structuring and underwriting community
development loans. Each course is developed to ensure that students receive the most current, relevant, challenging and
applicable instruction available. In addition, students will have the opportunity to participate in evening roundtables and seminars that focus specifically on issues that have been raised during the day’s courses.

WATCH YOUR MAIL . . .
A brochure and registration application will arrive in May.

22

By Kathy Kenny and John Trauth

Community Investments May 2000

The National Housing Conference (NHC)
is a Washington, D.C.-based coalition of
nationally known affordable housing
and housing finance experts from the
public, private and nonprofit sectors.

the creation of a bold program to
maintain affordable housing production stock.
Beginning in the 1970s, the federal
government entered into contracts
with private owners to develop affordable housing projects in return for a
long term (25–30 year) commitment
from the government to provide
monthly rent subsidies for the tenants.
The “Section 8” program, administered
by the Department of Housing and
Urban Development (HUD) is the primary vehicle for these subsidy dollars. Throughout the nation, a large
percentage of these government rent
subsidy contracts are expiring without the expectation of renewal. The
U.S. department of agriculture’s “Section 515” program has also built affordable rental housing in rural areas.
And although these subsidies are not

expiring, some owners are interested
in selling their properties to local
nonprofits.
Over the next three years, the largest transfer of affordable real estate
assets in history will take place, exposing upwards of 800,000 affordable
units, now administered and subsidized by HUD, to market-rate conversion. The problem is particularly acute
in California where the largest number of properties is at risk. Unless a
large-scale intervention takes place,
these precious resources will be lost,
as owners divest and profit-driven investors move in.
The National Housing Development
Corporation (NHDC) has been created
to respond to this need. It is the first
national intermediary of this type to
emerge from the west coast, growing
out of an award-winning housing presCommunity Investments May 2000

3

ervation program operated by the nonprofit Southern California Housing
Development Corporation (SoCal
Housing).
NHDC’s mission is to improve the
quality of life for lower income families
through acquisition and preservation of
our nation’s affordable housing stock.
It will partner with other not for profit
preservation efforts, competing aggressively with the private sector to purchase
large portfolios of these properties, restructure them financially, and sell them
at cost to local nonprofits. Under nonprofit ownership, affordability can be
maintained in perpetuity. NHDC’s goal
is to help preserve a significant portion
of the nation’s “at risk” properties, with
an initial goal of acquiring 60,000 units
in three years.
Congress has recognized the need
and endorsed the NHDC model earmarking $2 million in the 1999–2000
budget for NHDC’s initial seed capital. In addition, a national foundation
has approved a seed grant for the first
two years of operation.

NHDC’S UNITED NATIONAL
PRESERVATION TRUST
NHDC’s program, the United National
Preservation Trust, will negotiate directly with portfolio owners for properties anywhere in the country. As illustrated in diagram 1, the trust will
serve as a large-scale acquisition/warehouse agent that will purchase larger
portfolios of “at risk” affordable housing properties, concentrating on those
which are beyond the reach of local
nonprofits, either for financial or geographic reasons. NHDC will then reposition and stabilize the properties
and finally disaggregate and
sell off individual properties at cost to
qualified local nonprofit organizations.
NHDC’s holding period (estimated between 12 to 36 months) will enable the
local nonprofits to assemble the necessary resources (i.e. tax credits, HOME
funds, and local subsidies) to purchase
the properties and prepare to assume

4

Community Investments May 2000

“

Over the next three years,
the largest transfer of
affordable real estate assets
in history will take place,
exposing upwards of
800,000 affordable units
to market rate conversion.

”

property management functions. Management fees may also contribute to
the sustainability of local nonprofit
operations, providing additional capital to address other community needs.
NHDC will retain a limited asset management oversight role to correct any
future problems that might arise.
NHDC has developed its program
based on the concept of “harmonious differentiation” whereby NHDC
will work with and complement housing, community development and
preservation efforts of other national
intermediaries. Initial relationships are
being negotiated with the National
Council of La Raza and the Congress
of National Black Churches, whose affiliate organizations are potential purchasers of NHDC’s properties.
Properties acquired by NHDC will
also be available for purchase by
qualified nonprofit affiliates of the
Neighborhood Reinvestment Corporation, Local Initiatives Support Corporation, the Enterprise Foundation,
National Association of Housing Partnerships, National Affordable Housing Preservation Associates and others. Finally, NHDC will also work
closely with the National Council of
State Housing Agencies (NCSHA) and
its members at the state level who can
assist in identifying potential at-risk
properties and may also provide property financing.

NHDC’S TARGET MARKETS

2. CAREFULLY REVIEW YOUR NONPROFIT

THE NEXT 10 YEARS

In addition to the large number of existing low-income rental housing units
which are immediately “at risk” of loss
as a result of market-rate conversion,
other preservation targets for NHDC
will include older subsidy-dependent
properties, conventional affordable
apartments owned by REITS, Low Income Housing Tax Credit properties
reaching lock-in expiration, and very
large-scale neighborhood revitalization
projects that are beyond the reach of
local nonprofit capacity.
Due to the location of the majority
of the expiring Section 8 properties,
NHDC has targeted the Mid-Atlantic
region, the Midwest and the West Coast
as areas of initial focus.

SPONSORS

The credibility and improving balance
sheet engendered by CCRC’s favorable
10-year affordable multifamily mortgage origination history allows CCRC
to pursue its mission in several related
areas.
One such area is a small loan acquisition/rehabilitation lending program
targeted to inner-city investors. In April
1999, CCRC introduced this program
in Los Angeles County with promising
results. To date, there have been six
loans approved of which three have
funded. We are looking to introduce
this program to other parts of the state
this year.
Another initiative is a tax-exempt
bond permanent loan program in partnership with some of our member
banks, the California Statewide Community Development Authority and
bond counsel Orrick, Herrington and
Sutcliffe, LLP. Its purpose is to increase
the feasibility of small ($1–$3 million)
multi-family housing bond issues thus
extending the benefits of tax-exempt
financing to smaller projects. This program became operational in January
2000.
Finally, CCRC’s board of directors has
approved the placement of a portion
of CCRC’s capital in direct opportunistic investments in affordable housing
projects. We expect to make the first
investment this year.
These are exciting, albeit challenging times given the extent of California’s
affordable housing shortage. The vision
of CCRC’s creators, and the commitment and wisdom of CCRC’s members
and board of directors in implementing that vision, has provided CCRC with
the confidence, skills and resources to
pursue today several programs that
appear just as risky as tax credit project
mortgages appeared 10 years ago.
However, we look forward to reporting similarly favorable results 10 years
from now. CI

NHDC’S ACQUISITION AND
FINANCING PLAN
NHDC will focus on properties which
can be underwritten, purchased and
preserved under a “renewed affordability” paradigm in which a combination of a reasonable acquisition price
and value added through financial and
operational restructuring, below-market financing, tax credits, local subsidies and nonprofit ownership can
achieve permanent affordability independent of future federal subsidies.
Now that the initial seed capital is
in place, NHDC staff is actively working to identify and purchase its first
at-risk portfolios. Timing is of the essence since the majority of the at-risk
Section 8 projects will face subsidy expiration in the next three years. If these
properties are lost to conventional
buyers and converted to market rate
housing, the cost of replacing this inventory will be prohibitive.
Opportunities exist for banks and
other financial institutions to invest
seed capital to support NHDC’s initial
activities in their market areas, as well
as acquisition and permanent financing for NHDC properties, eventually
assumable by the ultimate owner/manager, the local nonprofits.

Nonprofit borrowers are more difficult to analyze than for-profit borrowers because the analyst cannot count
on the profit motive to predict their
behavior. Nonprofits are more likely
to be highly dependent on a single
dedicated individual or grant source.
We know of several projects where
the real estate is performing well, yet
the project is in trouble because there
is no one left with interest in managing
the asset. Our experience has shown
that nonprofits whose primary mission
is providing affordable housing are better bets than those whose primary mission is providing other social services.

3. GET WHAT YOU NEED BEFORE LOAN
CLOSING
CCRC frequently creates innovative
loan structures to shore up loan applications that otherwise would not
meet its underwriting standards. These
structures often require third parties
with the experience or financial
strength the borrower lacks to maintain an involvement with the project.
Others may conditionally require the
borrower to take some action after the
loan closes. However, we have found
that many of these provisions are not
enforceable under California law absent a monetary default.
An example is the promised funding of replacement reserve accounts.
Replacement reserve accounts are essential protection from the rare borrower that, for whatever reason, milks
a property for cash flow by deferring
required maintenance. Replacement
reserve funding is the first thing cut
out when cash flow gets tight. Getting a borrower back on schedule after a several year hiatus is harder than
getting your kids to clean up their
bedrooms. CCRC holds a property’s
replacement reserve account and requires a deposit to the account with
each loan payment. Non-payment of
the required deposit is treated like a
loan payment delinquency.

ABOUT THE AUTHORS
MARY KAISER joined California Community Reinvestment Corporation (CCRC) as its president in
September 1995. She contributes a wealth of experience gained from over 20 years as a commercial banking executive. Prior to joining CCRC,
Ms. Kaiser spent eight years with the Bank of A.
Levy as an executive vice president and chief operating officer, overseeing the retail branch system, marketing, customer service and operations,
trade finance, trust, and corporate facilities. Prior
to the Bank of A. Levy, Ms. Kaiser held a variety
of management positions with First Interstate
Bank from 1976 through 1987.
She is a member of the executive committee
of the National Association of Affordable Housing Lenders, a member of the Low Income Housing Fund loan committee, serves as an advisor to
the Ventura County Community Foundation, a
trustee to the Ventura County Leadership Academy and the United Way. She holds a bachelor of
arts in psychology and a master’s degree in business administration.

GEORGE H. VINE established his consulting practice, Vine & Associates, in 1996 to provide financial restructuring and analysis services to affordable housing investors and lenders. He has worked
with CCRC since then providing real estate credit
and problem asset advisory services. Prior to
forming Vine & Associates, Mr. Vine was a commercial banker specializing in real estate credit
for 12 years, and he worked with local community development nonprofit corporations for four
years prior to that. Mr. Vine is a chartered financial analyst and has a master’s degree in urban
planning from UCLA.

Community Investments May 2000

21

4. PREVALENCE OF TAX CREDIT PROJECTS
IN CCRC’S PORTFOLIO
Most projects financed by CCRC get
their equity from large tax credit investors such as SunAmerica, Related
Capital, and Edison International, who
acquire Low Income Housing Tax
Credits by purchasing limited partnership interests in the projects. An investment in a project is often several
times CCRC’s loan amount. During the
10-year tax credit period and the subsequent 5-year “compliance” period,
these investors have a strong interest
in keeping CCRC’s loan current, since
a foreclosure can result in the loss of
tax credits as well as recapture penalties. Indeed, we recently projected the
costs of the loss of tax credits and penalties for a typical project and found
that a tax credit investor would be
better off up through the 12th year of
a project paying off CCRC’s mortgage
in full at a total loss, rather than allowing CCRC to foreclose on its loan. This
is a powerful incentive to keep payments current. CCRC has a few loans
secured by tax credit projects that continue to be kept current in the face of
major project cash flow shortfalls.
Additional protection is provided by
the reduced rents mandated by the
program which are often 10% or more
below rents offered by competing
properties. Projects with rents this far
below market are much more forgiving of poor marketing and management. As a last resort, a foreclosed
property with below-market rents can

20

Community Investments May 2000

be converted to a non-rent restricted
property and the rents can be raised.
Higher rents mean a higher property
value, which provides an additional
cushion to the mortgage lender.
One problem with tax credit
projects occurs when local market
rents drop to a level close to the restricted rents in a tax credit project
within that market. In many cases such
tax credit projects will not be able to
achieve market rents. Rather, they
must offer units at discounts below
market (and below the project’s restricted rents) to offset the continuing
tenant income monitoring requirements and the projects’ reputations as
“low-income” properties.
The major issue with tax credit
projects is what happens at the end
of the 15-year compliance period—
with 15 years of payments left on
CCRC’s mortgage. Most projects are
still subject to rent restrictions for another 40 years. The tax credit investors no longer have an interest in supporting the projects, since the tax credits have been consumed and the penalties no longer apply. We won’t know
for sure until 2002, when the compliance periods on the earliest tax credit
projects begin to expire, but we expect that the 15 years of amortization
and inflation during the first half of
CCRC’s 30-year loan will protect the
loan during the last half of its life. We
predict that fifteen years of amortization will reduce CCRC’s typical loan
balance by 23% and fifteen years of
inflation compounded at 2% annually
may increase a project’s value by 35%.

5. THE

STRONG CALIFORNIA ECONOMY
AND THE SERIOUS AFFORDABLE HOUSING
SHORTAGE IN CALIFORNIA

Apartment vacancy rates in many of
California’s major markets are approaching 5% or below. Few if any
markets in the state have vacancies in
excess of 10%. California accounts for

seven of the eight least affordable
rental housing markets in the country. Job growth in the major California
markets is creating housing demand
growth well in excess of housing supply growth. These statistics are well
documented so we won’t delve into
them here. Ironically, the housing shortage so harmful to CCRC’s low-income
constituents strengthens the credit quality of CCRC’s loan portfolio.
We have learned several lessons as
ex-commercial bankers from this alternative universe of affordable housing mortgage credit as follows:

1. DO NOT LOOK FOR CASH FLOW
CCRC’s portfolio debt service coverage ratio (1.16) seems low to those
accustomed to conventional seasoned
multi-family loans. A subset of CCRC’s
loans was recently subjected to the
scrutiny of a rating agency and several potential purchasers who anticipated debt service coverage ratios of
1.3 and above.
The explanation is simple—many of
CCRC’s projects carry “residual receipt”
subordinate loans in favor of government agencies. Borrowers must repay
these only if there is cash left over after paying expenses and debt service.
Some of the loans are even forgiven if
they are not repaid within their term.
These “residual receipt” debts create
a powerful incentive for borrowers to
pay out all of a property’s income in
expenses, since any left over pays a
bill that otherwise would not have to
be paid. High property management
fees are a favorite device for reducing
reported cash flow as are “tenant services” expenses. Some projects show
stable debt service coverage ratios
from review period to review period,
which remain at 1.0 (break-even cash
flow) despite wildly varying vacancy
rates and expense levels.

Once up and running, NHDC will
earn income from transaction fees,
special preservation funds (Intermediary Technical Assistance Grants, or
ITAGs), cash flows from acquired
properties, transfer fees to local
nonprofits (based on a limited costreimbursement formula) and asset
management fees. NHDC’s projections
indicate that it will achieve self-sufficiency in four years, based on an aggressive acquisition strategy.
To reach self-sufficiency, NHDC’s financial projections show a need for
$5 million in seed capital—of which
$2 million has now been provided by
Congress. NHDC is in the process of
raising the remaining seed capital from
financial institutions, foundations, corporations and future congressional
appropriations.

“

The ultimate goal of
NHDC’s efforts is to help
local communities attain
greater control over one of
their most precious assets—
the housing stock that
shelters lower income
families and seniors.

”

A CRA INVESTMENT OPPORTUNITY
NHDC is developing an investment
fund whereby participating financial
institutions should receive CRA investment credit via acquisition (and subsequent disposition) of existing afford-

able housing at risk of market conversion. Acquisitions will be structured via
a risk-shared equity pool LLC in which
NHDC will be the managing member
and participating financial institutions
will be the equity investors and members. Investments are targeted for $5
million increments, although smaller
investments will be considered. The
investment will have a projected holding period of three years and a maximum of six years, with a projected return of 5–8%, plus return of capital.
The fund will make every effort to target its acquisitions to match the investors’ service areas, broadly defined as
states and regions where investors do
business. However for NHDC to have
the flexibility to respond to areas of
greatest need, 25% of the funds will
be reserved for use in any location.
(continued on page 7)

NHDC PROCESS
(Diagram 1)

BUY

HOLD

Portfolios at Risk

NHDC
UNPT

RESTRUCTURE/
REPOSITION

SELL (at cost)

NONPROFITS
• LISC
• Enterprise
• NRC
• NCBC
• LaRaza
• Independent
• NAHP

• OHMAR
HUD$
• CD TRUST
• Improved Cash Flow
• Improved Property Mgmt
• Other Cost Savings
RESTRUCTURING TOOLS

$5M
Start-up

GOAL

ket niche to itself in the next real estate downturn.
Even rarer than a foreclosure is
when CCRC has such strong doubts
about a borrower’s management capacity that it decides to exit the relationship even though payments are not
yet delinquent. In these cases CCRC
will work with the borrower to get
CCRC’s loan refinanced elsewhere.

• Prevent
Market Rate
Conversion

$100M Interim
Acquisition Line

Permanent
Debt

Subsidies/
Equities

• Congress

• Banks

• HFAs

• Banks

• Insurance Cos

• Banks

• Local, State
• Government

• Insurance Cos

• HFAs

• Consortia

• LIHTC

• HUD

• Foundations

• Private Sector

• Congress

• Foundations

• Others

• Insurance Cos

• Foundations

• Maintain Affordability
While Nonprofits
Prepare to Purchase

• Stabilize Properties

• Transfer to Local
Control
• Permanent
Affordability

Community Investments May 2000

5

The Neighborhood Capital Corporation (NCC) was
formed in January 2000, by members of the Multifamily
Housing Initiative of Neighborhood Reinvestment Corporation. The NCC membership, comprised of the multifamily organizations in the NeighborWorks Network,
owns and operates 15,000 units of multifamily housing. NCC’s primary function will be aggregating capital
for the timely acquisition of affordable multifamily housing for its member organizations. NCC members plan
to increase their combined portfolio by 10,000 units by
the end of 2003. NCC intends to work with other organizations, including National Housing Development
Corporation, National Housing/Trust Enterprise Preservation Corporation and National Association of Housing Partnerships. The NCC board has commenced the
executive search process. For further information, contact Bill Sullivan, Rocky Mountain Mutual Housing Association, Inc. 1550 Park Avenue, Denver, CO 80218,
(303) 863-8651, ext. 211, sullivanb@rmmha.com.

financial information provided by borrowers. Additionally it inspects all
properties at least annually. Loan review findings are scored to a single
“risk rating” given to each loan. These
risk ratings become the basis for assigning loss reserves and determining
the frequency and intensity of each
loan’s monitoring. The results of these
reviews are presented to the loan committee, which must confirm or reject
CCRC staff-assigned risk ratings. As the
portfolio gets larger it becomes more
difficult to maintain this intensive review discipline, but the benefits of an
intimate knowledge of the portfolio,
including early warnings of problems
and up-to-date market data are worth
the effort. The handful of borrowers
who inadvertently neglect or—notwithstanding promises made in loan
documents—refuse to provide updated financial information impede this
monitoring, but most cooperate fully.
The culmination of the portfolio review process is the annual credit review by a professional credit review
team provided by one of the “major”
bank members on a rotating basis. The
team scrutinizes the portfolio using
their employer’s standards. Because

NHT ENTERPRISE PRESERVATION CORPORATION

109th Street before

ADDITIONAL AFFORDABLE HOUSING PRESERVATION CONTACTS
LISC’S COMMUNITY DEVELOPMENT TRUST, INC.
The Community Development Trust (CDT) is a for-profit
real estate investment trust (REIT) created in 1998 by
the Local Initiatives Support Corporation (LISC), a national community development intermediary. CDT acquires long-term fixed-rate mortgages collateralized by
affordable multifamily housing and other community
development assets. CDT also invests equity in other
community development projects that meet CRA requirements. As a REIT, CDT can offer current owners of
affordable housing a tax-deferred exchange that benefits property owners who have exhausted their tax
benefits. Initial capital of $31,750,000 was raised from
18 institutional investors including banks, insurance
companies and one CDFI. For further information, contact Judd S. Levy, President and CEO, (212) 271-5099,
jlevy@commdevtrust.com.

NATIONAL AFFORDABLE HOUSING PRESERVATION ASSOCIATES
National Affordable Housing Preservation Associates
(NAHPA) is a national nonprofit organized to promote
the preservation of affordable multifamily housing in
rural areas and small towns. NAHPA is currently completing acquisitions in Illinois and Vermont with a goal
of acquiring 3,000 units over the next three years. USDA
Rural Housing has affirmed a financing model for preservation of properties to attract the participation of private lenders. NAHPA is now looking to build an organization and to establish partnerships with local and regional nonprofit organizations and housing authorities
interested in acquiring and/or managing multifamily properties in rural areas. For further information contact Muriel
Watkins, Executive Director, (202) 467-8544,
murielwatkins@hotmail.com.

NATIONAL ASSOCIATION OF HOUSING PARTNERSHIPS’ HOUSING
PARTNERSHIP DEVELOPMENT FUND
The National Association of Housing Partnerships
(NAHP) is comprised of 60 regional nonprofit housing
organizations in 32 states. NAHP’s new affiliate, the
nonprofit Housing Partnership Development Fund, will
provide a loan facility for use by NAHP members, primarily for purchase of portfolios of HUD-assisted properties. The Fund will offer technical assistance with the
financing that is needed for predevelopment costs. The

Fund has received CDFI designation, so that bank investors can receive CRA credit and cash awards. $1
million in investment has been raised to date toward a
goal of $3 million. For further information contact Kathy
Farrell, (617) 720-1999 ext. 204, farrell@nahp.net.

NEIGHBORHOOD CAPITAL CORPORATION (NCC)

they are often new to affordable multifamily housing mortgages, they keep
CCRC staff on its toes by questioning
basic assumptions and reviewing loan
monitoring down to the smallest detail. CCRC typically emerges with a
“satisfactory” portfolio rating—usually
the highest rating given— with a few
areas flagged for improvements,
which are made the following year.

3. AGGRESSIVE PROBLEM
ASSET MANAGEMENT
CCRC is a firm believer in proactive
problem asset management. When a
loan review indicates problems, the
loan is given a worse risk rating and
the frequency of formal loan reviews
may be increased to quarterly. Borrower contact is intensified. Problem
borrowers sometimes fix their properties just to avoid CCRC’s frequent,
even daily, inquiries!
Signs of problems include: high vacancy rates, debt service coverage ratios below break-even, non-funding
of replacement reserve accounts, deferred maintenance revealed by
CCRC’s property inspections, delinquent property taxes, and lack of response to CCRC’s letters and tele-

phone calls. When problems such as
these develop, CCRC tries to work with
the existing borrower to resolve the
issue. Usually it is a temporary problem caused by a random fluctuation
in occupancy, a change in property
management firms or borrower staff
turnover, and the property rapidly gets
back on track. Even when problems
turn out to be long-term, in nearly all
cases CCRC’s borrowers come up with
the capacity and integrity to fulfill their
obligations.
Very rarely, payments are not made,
there is no prospect for improvement,
and CCRC forecloses. Fortunately,
CCRC has foreclosed on only two loans
to date. Once CCRC takes title to the
property the goal becomes a rapid sale
of the property to a qualified purchaser
at a fair price, under terms which will
allow CCRC to account for the transaction as a sale. With both foreclosures,
CCRC tried first offering the properties to nonprofits but was unsuccessful at finding one that could meet
CCRC’s foreclosure sale goal. In our
opinion, the nonprofit housing provider that can perfect the art of acquiring foreclosed properties from financial institutions will have that mar-

109th Street after

National Housing Trust (NHT) is a nonprofit intermediary located in Washington, D.C. The Trust was founded
in 1986 and is dedicated to the preservation of existing
multifamily affordable housing. In 1999, the Trust and
the Enterprise Foundation launched the NHT Enterprise
Preservation Corporation, which will purchase real estate from owners of multifamily housing, primarily targeting markets where there is insufficient local nonprofit capacity or interest to efficiently complete a transaction. This new nonprofit entity plans to acquire 5,000
apartments over the next five years. In general, NHT/
Enterprise plans to focus its activities in the Mid-Atlantic, South and Midwest. For further information contact Scott Kline, Vice President for Acquisitions, (202)
333-8931, skline@nhtinc.org. Or visit NHT’s website
at www.nhtinc.org.
This 6-unit property was purchased, completely renovated and permanently financed with a single fixed rate, 20% down loan that is due in
10 years under CCRC’s Acquisition/Rehab lending program.

6

Community Investments May 2000

Community Investments May 2000

19

One Lending Consortium’s
10-Year History
By Mary Kaiser, President, California Community Reinvestment
Corporation, and George H. Vine, Principal, Vine & Associates
Ten years ago a group of Californiabased commercial banks created the
California Community Reinvestment
Corporation (CCRC) as a means of
sharing “risky” long term affordable
multifamily housing mortgages. The
Federal government had just created
the Low Income Housing Tax Credit
program and mortgages for the program were hard to find.
CCRC staff and loan committee developed expertise in underwriting tax
credit projects and helped to pioneer
lending that is now offered by many
commercial banks. A recent analysis
of CCRC’s loan portfolio provided the
opportunity to assess how well these
pioneers in affordable housing finance
managed risk. As part of an annual
review of loan loss reserve adequacy,
we totaled CCRC’s historical loan losses
since our inception 10 years ago, and
divided the sum by total loans funded
during that time. In the last 10 years
CCRC has originated nearly
$200,000,000 in mortgages secured by
projects containing over 7,500 affordable housing units.
To our surprise, we found that
CCRC’s loan losses since inception
amounted to only 0.34% of all loans
originated. This is a loss history more
in keeping with a good portfolio of
investment grade bonds than a high-

T

18

Community Investments May 2000

risk pool of low-income, multifamily
housing mortgages. Chief credit officers at most of CCRC’s member banks
would die for such a loss history. Some
additional portfolio statistics follow.
CCRC’s current (as of May 1999)
portfolio consists of 79 loans totaling
$152,000,000. Most of CCRC’s loans are
between $250,000 and $3,000,000 in
size and the average loan size is
$1,900,000. The portfolio is well diversified with respect to borrower and
geographic concentrations (given that
all mortgages are secured by California projects). Eighty-two percent of the
portfolio is secured by Low Income
Housing Tax Credit (LIHTC) projects.
Most CCRC borrowers include nonprofit corporations in some capacity
ranging from the minimum participation required to qualify for the property tax welfare exemption to 100%
ownership. The weighted average
loan-to-value ratio is 74% and the
weighted average debt service coverage ratio is 1.16. Classified (i.e.
troubled) loans amount to less than
2% of the portfolio. None of the
portfolio’s loans are delinquent and
historically delinquencies are rare.
Both authors became involved with
CCRC within the past four years, and
both came to CCRC from extensive
careers in (non-community develop-

ment) commercial banking. Even after four years the exceptionally low
loan losses are a surprise. We attribute
CCRC’s exemplary loan loss experience to the following five factors:

1. CCRC’S LOAN COMMITTEE
The loan committee meets once a
month and includes senior credit and
community development officers from
each of the five “major bank” members (Bank of America, Wells Fargo,
Union, Sanwa and City National) and
from three of the remaining bank
members (currently Comerica, Union
Safe and Deposit and Bank of the
West). They give their time generously
to review extensive loan committee
packets and they take their jobs seriously, as their approval of a loan commits CCRC’s bank membership to fund.
The committee’s focus is first on the
basics of credit, then on “how do we
do the deal.” Loan committee discussions can become spirited providing
a creative tension that frequently leads
to innovative solutions. Rarely, if ever
—never in our recollection—does the
committee decline CCRC staff loan
submissions.

As soon as properties are repositioned,
stabilized, and the qualified local nonprofit is in place, NHDC will sell or
transfer the property to the qualified
local nonprofit. At that time, the investors’ equity capital will be repaid.
As an alternative, and at each individual investor’s discretion, equity
capital returned can be recycled back
as a new capital contribution to acquire future properties on the same
basis. If there is no otherwise viable
affordability-oriented transaction, as a
last resort the property can be sold at
market value.

NHDC PERSONNEL
While NHDC is a new national intermediary, NHDC staff has a long and
impressive history in affordable housing preservation. Jeff Burum, NHDC’s
executive director, was the founder
and driving force behind Southern
California Housing Development Corporation (SoCal Housing), a large and
very successful regional nonprofit
which focuses on preservation of affordable rental housing in Southern
California. Under Burum’s seven-year
leadership, SoCal Housing preserved
over 3000 units of affordable housing
with an asset value exceeding $130
million. Other key staff members from
SoCal Housing are also involved with
NHDC. Sebastian Sterpa, former chairman of the California Housing Finance
Agency, will serve as the initial chairman of the board of directors. Other
members of NHDC’s board are being
recruited and include key national
leaders in the nonprofit, philanthropic,
private and public sectors.

In addition, NHDC has assembled
a team of outside experts to assist with
acquisitions, organizational planning
and development, and public finance.
Team members include Rick Johnston,
managing director, of public finance
for US Bank/Piper Jaffray, Kathy
Kenny and John Trauth, the authors
of this article and David Smith, founder
and president of Recapitalization Advisors, one of the nation’s leading specialists in the HUD inventory.
The ultimate goal of NHDC’s efforts
is to help local communities attain
greater control over one of their most
precious assets—the housing stock
that shelters lower income families and
seniors. Without a doubt, preserving
this housing stock is a huge undertaking, one that in order to be successful, will require coordination, cooperation, considerable expertise and
strong financial support.
Through its working relationships
with other preservation oriented agencies and through its board of directors, NHDC is positioned to make a
major difference in the preservation
of our nation’s affordable housing
stock. NHDC’s success will directly
translate into a win for the most vulnerable constituent, this nation’s lowincome families and seniors. CI

ABOUT THE AUTHORS
KATHY KENNY and JOHN TRAUTH are organizational planning and development consultants,
specializing in the startup of large-scale initiatives in affordable housing and community development. They are currently assisting the
National Housing Development Corporation
through its startup phase. John Trauth was also
instrumental in the creation of BRIDGE Housing
Corporation and Southern California Housing Development Corporation, two highly successful
regional nonprofit housing developers. Kathy
Kenny has also served as a planning consultant
to the Council on Foundations, the League of
California Community Foundations, the National
Economic Development and Law Center, and the
Federal Reserve Bank of San Francisco.

For additional information on NHDC,
contact National Housing Development Corporation, 8265 Aspen Street,
Rancho Cucamonga, CA 91730; (909)
291-1400 or jburum@nhdc.org. Or
visit NHDC’s website at www.nhdc.org.

2. EXTENSIVE LOAN REVIEW PROCESS
CCRC prepares a comprehensive annual review of every loan based on

Community Investments May 2000

7

A

As we enter a new millennium, the
nation continues to ride the wave of
economic growth that brought the
twentieth century to a close. But while
national unemployment levels are undeniably low, many hard-working
Americans still lack jobs that pay
enough to support a family. The national economic boom has been unprecedented in length, but its effects
have not spread out evenly across all
our communities. Many local economies have actually experienced a decline in jobs and median incomes.
Rural communities, particularly in
the Pacific Northwest, have generally
not enjoyed the same levels of prosperity as urban and suburban centers.
In Washington state, rural poverty and
unemployment persist, despite unprecedented economic growth in the Puget
Sound region. A 1998 study by the
Corporation for Enterprise Development found the state of Washington
to have the second highest urban/rural income disparity in the nation.
The situation is similar in rural communities throughout the country. Rural areas simply do not have enough
well-paying jobs to go around. In
Washington and Oregon, rural communities have historically been dependent on primary resource extraction
industries: agriculture, forest products
and fishing. All three industries are in
precipitous decline. Many family farms
have succumbed to the falling prices
in foreign export markets that have
resulted from the globalization of commodity food markets. Remaining farmers have been pummeled by several
recent years of unusually harsh
weather conditions that have greatly
diminished harvest volumes.
Communities dependent on the timber and fishing industries have also
been hard-hit—facing restrictive environmental regulations and dwindling

8

Community Investments May 2000

BORROWER CHARACTERISTICS

CASCADIA’S

RURAL DEVELOPMENT
FUND BRINGS INVESTMENT INTO
RURAL COMMUNITIES
By David Kleiber, Loan Officer, Cascadia

resources. The decline in the volume
of timber harvested from national forest lands has resulted in the closure
of dozens of sawmills in the rural
Northwest—mills that historically offered the best paying jobs in town.
The recent closure of the coastal
ground fishery, coupled with the listing of local salmon runs as endangered, has all but eliminated the once
viable regional fishing industry.
Many Northwest rural communities
have tried to compensate for this rapid
and continuing job loss by developing alternative sources of revenue and
job growth. Some have successfully
transitioned to a tourism-based

economy. While this strategy may keep
a community alive, it doesn’t provide
the same level of economic prosperity. Tourism and service industry jobs
do not compare in terms of wages and
benefits to the manufacturing jobs that
were lost.

THE CHALLENGES OF JOB CREATION
Rural communities face several obstacles in the struggle to maintain a
viable economic base and create quality family-wage jobs. In the rural Pacific Northwest, most communities lack
the technical infrastructure to attract
the computer, information processing
and biotechnology industries that have

Widespread unemployment, non-traditional forms of income, lack of assets and low education levels all contribute to a challenging lending environment in Indian country. To help
address these issues, task force members launched financial literacy programs by partnering with several organizations including the State of
Washington’s Junior Achievement program, the Oregon Bankers Association’s Personal Economics Program
and the Idaho Financial Literacy Council, to offer their “bank-at-school” programs in tribal schools. In addition,
banks began accepting alternative
forms of income verification such as
“fish tickets” and held first-time
homebuyer seminars. Finally, two task
forces are encouraging their respective state legislatures to adopt legislation to allow residents access to Individual Development Accounts (IDAs),
a savings account designed to help
people save for their first home, education or to start a new business.

CONCLUSION
The lack of access to capital on Indian reservations has caused an overcrowding of existing households, an
exodus of potential homeowners and
a ripple effect on the tribal and neighboring economies. Statistics or even
words cannot truly describe the immense personal hardship on generations of Native Americans as they wait
for the opportunity to become
homeowners.
We can make housing happen in Indian Country. Although the Sovereign
Lending task forces have helped speed
resolution of lending barriers on tribal
lands, there is no better substitute than
prompt action by financial institutions,
tribes and others roused by the chilling statistics and motivated by the
many opportunities to take action. CI

A CHECKLIST FOR RESERVATION LENDING
➤ Give tribal members options for

home financing such as both government-insured products and
conventional products.
➤ Research the type of affordable

housing organizations available off
the reservation and encourage
them to work with tribal members.

ABOUT THE AUTHOR

➤ Explore alternative retail delivery

CRAIG NOLTE is a Community Affairs Advisor

systems for banking services when
branch offices are not feasible.

with the Federal Reserve Bank of San Francisco.
As part of the Community Affairs department,
Mr. Nolte develops training and consults with
financial institutions on community investment
opportunities. Mr. Nolte is very active in Native
American lending issues on both local and national levels. Currently he facilitates seven “Sovereign Lending” task forces in the four northwestern states of Washington, Oregon, Idaho
and Utah.

➤ Arrange a meeting between the

tribal and bank attorneys to review
and suggest changes where appropriate in the tribe’s laws.
➤ Poll tribal members on needed

banking products and services, and
arrange a meeting between the
bank CRA officer and an appropriate tribal representative to review the survey results.
➤ Consider developing a task force

similar to the northwest task forces
for area tribes in other geographies.
➤ Offer financial literacy programs

Prior to joining the Federal Reserve, Mr. Nolte
served as a Compliance Examiner with the Office of Thrift Supervision. In that role, Mr. Nolte
evaluated thrift institutions’ compliance with
various consumer and compliance laws and
regulations, including the Community Reinvestment Act. Mr. Nolte holds a master of business
administration. from City University in Seattle,
and a bachelor of arts degree in finance from
Seattle Pacific University.

for K–12 tribal children, and first
time homebuyer and personal financial management seminars for
other tribal members.
➤ Ensure that HUD’s 184 Loan Guar-

antee Program is readily available
and that all tribal members have
access.

Community Investments May 2000

17

SOVEREIGN LENDING INITIATIVE
Recognizing the dynamic correlation
between access to credit, homeownership and net worth, the Federal Reserve Bank of San Francisco (FRBSF)
embarked on an initiative in 1998 to
increase access to credit in Indian
Country. The initiative started with
seven Sovereign Lending workshops
to invite the greater tribal and banking community to share their views on
the barriers and solutions to lending
in Indian Country. Sovereign Lending
task forces were formed out of these
workshops to strategize and develop
solutions. The task forces, which include representatives from different
tribes, financial institutions, government agencies and community-based
organizations, have held meetings at
over 50 Indian reservations throughout the states of Washington, Oregon,
Idaho and Utah. At these meetings,
participants learn about each tribe’s
economic development plans, identify
needed banking products and services,
and collaborate on joint projects.
The task forces identified five primary barriers to lending in Indian
Country, each of which has a significant impact on housing affordability
and finance: (1) tribal lending laws;
(2) remoteness; (3) land status; (4)
communication; and, (5) borrower
characteristics. This article explains
each barrier and possible solutions,
plus elaborates on what task force
members are doing to resolve these
barriers. And while some of these barriers share similarities to other LMI
communities, the combination of them
all is specific to most reservations.

TRIBAL LENDING LAWS
Many Indian tribes do not have laws
that provide guidance to lenders on
how to conduct business on reservations. A lack of guidelines on reservations, such as procedures for evictions
and foreclosures presents an unknown
situation for lenders, which is seen as
a risk. To resolve this barrier, a num-

16

Community Investments May 2000

ber of tribes on the task force have
used their sovereignty to adopt laws
to promote both real estate and commercial lending. Some have posted
their laws on their web sites for easy
access by lenders and title companies.
The Oregon task force sponsored a
tribal attorney symposium on tribal
law resources with presentations by
Fannie Mae, HUD and local law firms.
The task force symposium and meetings have been most successful as a
catalyst for ongoing meetings and
customized solutions. A good illustration of this is when one lender’s attorney met separately with the
Shoshone-Bannock tribal attorney to
review their tribe’s laws and suggest
recommendations for changes. This
single meeting resulted in two large
loans to the tribe.

REMOTENESS
The remote location of many Indian
reservations presents challenges for
lenders in delivering banking products and services in a practical and
cost-efficient manner. In general,
branch offices require a volume of
both deposits and loans substantial
enough to justify their existence—
more than would likely be possible
on many Indian reservations. This
prerequisite has prompted lenders and
tribes to consider alternative delivery
systems. As the largest employer on
many reservations, several tribes now
offer direct deposit service for their
employees. This allows employees to
begin accruing interest on their funds
immediately, as well as access cash
from ATMs or via point-of-sale service
at local stores without leaving the reservation. ATMs may be located near
the local post offices, medical facilities or tribal offices, where both access and security may be available up
to 24 hours. In one case, Nevada Bank
& Trust is in the process of establishing a full-service branch on the Duck
Valley Reservation that would share
space with a tribal micro-lending

organization, saving tribal members an
80-mile drive to the nearest bank
branch.

LAND STATUS
The issue of land ownership on many
Indian reservations is complex, but not
as daunting as some see it. While many
reservations are made up of a mixture
of fee simple, tribal trust and allotted
land, there are lending products for
all of these ownership structures.
HUD’s 184 loan guarantee program is
designed to be used on trust land,
while a bank’s conventional lending
products can work on fee simple land.
Five task force lenders decided to offer the HUD 184 to help fulfill this
need. In addition, several lenders have
been working on special housing programs with individual tribes, and one
task force is exploring how to improve
access to state housing programs.

COMMUNICATION
Bridging the limited opportunities for
communication between many tribes
and the finance community, which is
the cornerstone of problem solving, is
a primary goal of the task forces. The
task force meetings host different
speakers on available financing resources and help to build stronger relationships between tribes and other
task force members. In one meeting,
two tribes decided to collaborate and
allow one of the tribes to open a credit
union office on the other tribe’s reservation. Several of the task forces have
developed directories of bank and
tribal personnel to contact on financing matters. Another task force established a loan referral center within an
urban Indian walk-in medical clinic.
In addition, the task force meetings
continue to attract participation from
community-based organizations that
have not traditionally provided affordable housing technical assistance to
tribes given the many housing-related
barriers.

been the primary drivers of the incredible urban economic dynamism in the
region. While technology-based businesses might be attracted to the quality of life in rural areas, rural communities cannot offer the high speed,
wide bandwidth telecommunication
services on which many high-tech
businesses depend.
Instead, rural residents must find
ways to create jobs from within. This
entails conceiving of new ways to add
value to the limited resources still on
hand. In areas dependent on the fishing and timber industries, this means
creating value-added timber and fish
products to ensure that profits derived
from the processing of these raw materials will stay in the community. Instead of shipping logs overseas, for
example, rural manufacturers must use
the logs to create marketable finished
products that will double, triple or
even quadruple the revenue earned
from each tree.
Creating an essentially new manufacturing base in a poor community
can be quite a challenge. Entrepreneurs traditionally rely on family,
friends and business partners to provide startup and working capital for
their businesses. This isn’t always possible for business owners in rural communities, where local wealth has been
stretched thin by poverty and unemployment resulting from the demise of
the local primary manufacturers.
In Washington, a number of state
agencies and private nonprofit organizations, including Seattle based
Cascadia Revolving Fund, offer loans
to small rural businesses that cannot
secure bank financing for all of their
needs. But, like a bank, most of these
sources of capital require collateral as
a secondary source of repayment in
case of default. Cascadia’s experience
in working with rural businesses has
demonstrated that entrepreneurs in eco-

“

. . . rural poverty and
unemployment persist,
despite unprecedented
economic growth . . .

”

nomically distressed communities frequently need unsecured risk capital.
On a balance sheet, risk capital most
frequently takes the form of owner’s
equity—or the money the business
principals invest as permanent capital
in exchange for stock in, or ownership of, the business. These funds are
generally used to build an asset base
that is then borrowed against through
a bank or other lender to provide the
company with more capital. Without
sufficient equity, a business will have
difficulty borrowing additional capital
from a bank.

DEVELOPING THE INSTRUMENT
Cascadia spent four years testing the
feasibility of creating a fund for making equity investments in rural northwest businesses resulting in the Rural
Development Investment Fund (RDIF).
During this initial pilot phase, the RDIF
was capitalized by foundation grants
and program-related investments as
well as grants from state and federal
agencies involved in rural economic
development.
Cascadia originally thought to model
the RDIF on the venture capital industry, in which professionally managed
funds purchase a percentage of the
ownership of young companies that
have the potential to dramatically increase in value. The key to this model
is the exit strategy. Venture funds anticipate that their ownership interests
(stock) will become liquid (sold and
converted back into cash) when these

new companies successfully offer their
shares for sale to the public. The ability to make an initial public offering
(IPO) depends on the company’s management team and technology, and the
team’s ability to apply that technology
to meet the needs of a large market.
The more Cascadia studied this type
of investment strategy, the clearer it
became that this model would not
work well for the rural economies of
the Northwest. While many companies
would welcome the access to patient
venture capital, the exit strategy for
Cascadia was not clear. Most existing
businesses in these communities are
simply not likely IPO candidates.
Given this reality, Cascadia structured
a financial instrument that balances the
company’s need for equity-like capital with Cascadia’s need for a relatively
straightforward exit. The resulting
product is called a Participation Agreement (PA)—a deeply subordinated,
long-term, low-interest loan, coupled
with a revenue-based fee called a
Participation Payment. The loan is
amortized over an extended period at
a low rate, resulting in very reasonable monthly loan payments. The company may choose to accrue a designated number of Participation Payments, thereby deferring the impact
on the business’ cash flow until the
proceeds of the loan have been invested and the company’s sales, profitability and cash flow have improved.
Given the characteristics of the target
market for the RDIF, there are several
advantages to this product over a standard equity investment:
➤ the touchy issues surrounding the

purchase of a piece of an entrepreneur’s company, and the valuation of that company, are avoided;
➤ the PA provides a source of cur-

rent cash flow to cover operating
costs for Cascadia—a very important consideration for a relatively
small fund;

Community Investments May 2000

9

➤ investment recovery is not depen-

➤ traditional lenders view the PA

➤ reductions in the revenue-based

dent on a “liquidity event” such as
an IPO, but is instead amortized
like an ordinary loan;

debt as equity, thereby allowing
the “investment” to leverage additional debt;

➤ like true equity, the entrepreneur

➤ the basic debt structure of the PA

pays a higher rate of return only if
the business is growing and successful—if not, their cost of funds
is lower;

provides greater loss protection to
the RDIF than common or preferred stock investments;

fee over time can be tied to progressive work force compensation
programs, employee benefit improvements, positive environmental actions or other community/
social goals.

➤ the simplicity of structuring and
➤ though not as patient as true eq-

uity, the entrepreneur can delay
the impact on business cash flow
by accruing a certain number of
Participation Payments;

closing the deal minimizes legal
fees on both sides and

INVESTEE PROFILE: EDDYLINE KAYAKS
Tom and Lisa Derrer started Eddyline Kayaks in their garage 29
years ago. The company is now one of the top sea kayak manufacturers in the industry, developing and producing several quality kayak models and a line of paddles. In addition to Eddyline’s
Burlington, Washington production facility, the company operates
a retail outlet offering instruction, rentals and touring.
Product designer Tom Derrer is a true innovator in the sea kayak
industry. He was among the first to develop a mid-priced kayak
that offers the features and performance of a more expensive
fiberglass boat. Eddyline’s new kayaks, made from an innovative
composite material, filled a long-vacant niche in the sea kayak
market.
Despite its quality product, Eddyline couldn’t obtain a loan to
produce the new boats. Research and development costs had been
high, and the company had incurred significant losses. Cascadia
was able to offer Eddyline a subordinated loan through its Rural
Development Investment Fund. The RDIF’s $100,000 loan enabled
the company to purchase equipment to produce the new kayaks,
and add five employees to an existing staff of twenty—a boon in
rural Skagit County, which has historically been dependant on the
timber industry for jobs.

10

Community Investments May 2000

The key to the long-term success of
any high-risk investment fund is to
earn sufficient income on successful
investments to compensate for the inevitable losses sustained on those that
fail. Due to the subordinated collateral position of investments made by
Cascadia’s RDIF, most losses we ex-

SOVEREIGN LENDING:
BRINGING HOUSING TO
INDIAN COUNTRY
By Craig Nolte, Community Investment Advisor,
Federal Reserve Bank of San Francisco

T

The statistics are chilling. Nearly half
of all homes located in Indian country
are overcrowded and have serious
physical deficiencies and almost a fifth
lack complete plumbing. In addition,
over 30,000 individuals and families
are on waiting lists for rental housing.
It is estimated that over 200,000 housing units are needed immediately to
provide adequate housing in Indian
country.
While it is difficult to generalize the
demographic, economic and social
characteristics of the country’s more
than 550 federally recognized tribes,
it can certainly be concluded that housing remains elusive, if not unattainable. A lack of access to capital has
prevented many tribes from being able
to even dream about homeownership,
making the original Americans, the first
nations, the last people to own a
home.
Compounding the housing crises are
other alarming statistics. The poverty
rate on Indian reservations is about
31% compared to the 19% national
average according to 1990 U.S. Census estimates, and nearly half of the
available workforce is unemployed.
Without jobs, home loan programs are
useless. Without housing opportunities, savings incentives and overall
capital formation are also stifled.
Lack of homeownership has created
a negative ripple effect in reservation
economies, which extend well beyond
housing. For instance, nearly a third

of all home-equity lines of credit in
the U.S. are taken out for business
purposes. Without home ownership,
many people living on reservations
don’t have access to an affordable
source of capital.
Even those fortunate enough to own
real estate struggle to sell or refinance
their properties in weak real estate
markets on tribal lands. The complexities of the real estate market are compounded by a lack of competing mortgage lenders. Sadly, only a scant number of lenders offer the HUD 184 loan
guarantee program, and many tribes
have not adopted the HUD rules to
allow their members access to the program. In the Pacific Northwest states of
Washington, Oregon and Idaho, only
15 lenders offer these loan products,
despite a 100% guarantee provision.
Without access to the traditional
mortgage market, those who seek
homeownership may end up with high
loan interest rates and fees, normally
much higher than those from a traditional mortgage lender, resulting in a
disincentive to purchase a home on
the reservation. Therefore, while the
Native American Housing Assistance
and Self-Determination Act of 1996
(NAHASDA) was designed to produce
locally-valued outcomes and address
the needs of low-income Native American populations, lack of access to capital stymies efforts to leverage
NAHASDA funds for greater impact.

Community Investments May 2000

15

MEMBERS

Oregon
BERNIE KRONBERGER, Vice President
Wells Fargo Bank (Portland)

BARBARA SMITH, Vice President/Community
Investment Manager
U.S. Bank (Portland)

BRIAN STEWART, Assistant Vice President/

Community Development Officer
Western Bank (Salt Lake City)

RONALD MUMFORD, Vice President, Compliance
Lewiston State Bank (Lewiston)
ROBERT RENDON, CRA Director
Zions Bank (Salt Lake City)

Community Reinvestment Manager
Washington Mutual Bank (Portland)

JANE SHOCK, Director, Community Development

BRENT WARREN, CRA Manager

W
Washington

Key Bank (Portland)

ROXANNE RATHMANNER, Manager, Compliance
First Consumers National Bank (Beaverton)

S D
San
Diego
AN

American Express Centurion Bank (Midvale)
ASHINGTON

JUAN J. AGUILAR, Assistant Vice President/
CRA Manager
Western Bank (Seattle)

IEGO

LINDA AHLSWEDE-COX, Senior Vice President
Scripps Bank (San Diego)

GUSTAVO BIDART, Vice President/Community
Reinvestment Manager
California Bank & Trust (San Diego)

GORDON BOERNER, Retail Lending & Community
Reinvestment Manager
San Diego National Bank (San Diego)
ELSA MONTE, Vice President/CRA Officer
El Dorado Bank (Laguna Hills)

UTAH

Utah

YVONNE BLUMENTHAL, Vice President/Manager,
Community Development
U.S. Bank (Seattle)

JONATHAN FISCHER, CRA Officer
Timberland Savings (Hoquiam)
GRACE JEREMIA, Vice President/Community
Development Manager
Wells Fargo Bank, (Seattle)
JUDITH OLSEN, CRA Officer
Interwest Bank (Oak Harbor)

NORMAN NAULT, Vice President, Community

American Investment Financial (Midvale)

Community Investments May 2000

DAVID KLEIBER joined Cascadia as a loan officer
in 1993, and became associate director one year
later. Prior to joining Cascadia, Mr. Kleiber was
an assistant vice president and loan officer for
Rainier National Bank’s Forest Products Corporate Banking Group. Following this, he worked
for a consulting company placing pension fund
investments into timberland and then for a
small independent Northwest sawmill as export
sales manager. Dave then left for Nepal and
three years of service in the Peace Corps as a
forestry consultant, which was followed by contract work there with the World Bank and the
United Nations Development Program. He returned and began work at Cascadia where he
initiated the formation of the Rural Development Investment Fund, a quasi-equity investment arm of Cascadia that focuses on assisting rural manufacturers with the potential to
create family wage jobs. Mr. Kleiber earned a
master of business administration in marketing
from the University of Washington and a bachelor of science in forestry from Michigan State
University.

JOAN BURBRIDGE, CRA Officer

Development Officer
First Security Bank (Salt Lake City)

JOHN HAYMOND, Senior Vice President

ABOUT THE AUTHOR

Sterling Bank (Firecrest)

Heritage Bank (Olympia)

Wells Fargo Bank (Salt Lake City)

“evergreen” resource for economic development in the northwest. The PA
instrument also has the advantage of
generating current income so that the
fund does not have to rely on philanthropic dollars to cover operating
costs. This enhances the RDIF’s future
as a self-sustaining financial resource.
In its relatively short life span, the
RDIF has achieved a significant impact on job creation in the rural Pacific Northwest. Typical “investees” include a manufacturer of specialty
wood products employing 46 people,
a manufacturer of wall panels supporting more than 20 employees, and a
manufacturer of log and timberframe
buildings that provides ten jobs.
While the Rural Development Investment Fund does not offer true
equity investments that a traditional
venture capitalist would recognize, its
Participation Agreements meet a very
real need in the rural finance market.
Currently in its fifth year of operation,
the RDIF has proven to be an effective
catalyst for job creation, and a useful
instrument for filling the niche that venture capital firms occupy in the mainstream urban financial marketplace. CI

NANCY TRUPP, Business Banking Officer

GREGORY W. CHAPMAN, Community

STEPHANIE HARPST, Vice President

14

PAULA MAHONEY, Assisant Vice President/

perience will be complete losses (i.e.
there will likely be insufficient value
in the collateral of a client company
at liquidation to fully pay all senior
creditors). For this reason, the RDIF
targets a rate of return of 18–22% from
successful investments—considerably
higher than that of a typical loan. Equity capital is never cheap. First, investors demand a rate of return that
compensates them for the assumed
risks. Also, high rates of return are the
only way (short of raising additional
capital) to maintain the capital base
of the fund. Compared to the current
target rates of return for traditional
venture capital (40–60% internal rate
of return in three years), Cascadia’s
Rural Development Investment Fund
is comparatively inexpensive.
The RDIF is distinguishable from traditional venture funds in other important ways as well. Most venture funds
are structured as limited partnerships
with a predetermined life—investors
are typically promised a return on their
money in seven to ten years. As a nonprofit organization, Cascadia has the
advantage of being able to continually reinvest recovered capital in new
businesses to make the RDIF an

Lending & Investment
Washington Mutual Bank (Seattle)

MICHAEL DOTSON, Northwest Market Manager
Bank of America (Seattle)
RANDY FEWEL, Executive Vice President/
Chief Compliance Officer
Inland Northwest Bank (Spokane)
Community Investments May 2000

11

CRAM
Leadership
Council
EMBERS
”The Leadership Councils are a new initiative for the Fed that will serve many functions.
Most importantly, the Councils will give local CRA professionals a vehicle for collaborating on local
community and economic development issues. We believe that these groups can accomplish more by working together
than any one individual or institution can accomplish on its own.”…
Robert Parry, President, Federal Reserve Bank of San Francisco.

Alaska

G
L A Los Angeles
Greater
G
L A

IDAHO

GAIL WEST, CRA Officer
First National Bank of Anchorage
(Anchorage)

GREG MATTHEWS, Vice President/CRA Officer

R. BLAIR HAWKES, President & CEO

LARRY R. SEEDIG, President & CEO

Community Bank (Pasadena)

Ireland Bank (Malad City)

USAA Savings Bank (Las Vegas)

JOHN HAMPTON, Vice President/CRA Specialist

JANE E. PAVEK, Assistant Vice President/Community
Reinvestment Officer
First Security Bank (Boise)

VIRGINIA A. FERGUSON, Vice President,

Compliance Officer
Pacific Century Bank, N.A. (Encino)

RANDY CAREY, Vice President,Compliance/CRA
Home Federal Savings (Nampa)

N
C
Northern
California
N

MARLENE T. MURPHY, Vice President/Manager

CINDY WILLIAMS, Vice President/Community

JOYCE KEANE, Vice President

GERALD W. WALKER, Vice President,

Wells Fargo Bank (Long Beach)

Commercial Loan Dept.
Denali State Bank (Fairbanks)

Development Manager
U.S. Bank (Boise)

MINDY MURPHY, Vice President

REATER OS

NGELES

REATER OS

MICHAEL MEDFORD, Vice President

NGELES

Northern Trust Bank (Los Angeles)

First Bank (Ketchikan)

Idaho

IDAHO

Compliance Officer
Business Bank of Nevada (Las Vegas)

MARCIA A. MCADAMS, Vice President/
LISA C. BELL, Senior Vice President/
Chief Operating Officer
Alaska Pacific Bank (Juneau)

Imperial Bank (Inglewood)

ROBERT JC MORGAN, Senior Vice President/

GLORIA TANG, Senior Vice President

Senior Lending Officer
Idaho Banking Company (Boise)

JERI L. WALTERS, Vice President/Manager,
Community Development
National Bank of Alaska (Anchorage)

Republic Bank Of California, N.A. (Beverly Hills)

NEVADA

A
Arizona

LILIA VILLASENOR, Vice President

RIZONA

ARIZONA

GARY BARNES, Senior Vice President
Community First Bank (Phoenix)

MARY BOETEL, CRA Officer/2nd Vice President
Northern Trust Bank of Arizona (Phoenix)
CAROLYN MITCHELL, Community Development Manager

Bank Of America Mortgage (Irvine)

ALMA E. WILLIAMS, Vice President/CRA Officer
California Commerce Bank (Los Angeles)

EDWARD E. MALONEY, Vice President
International Bank of California (Los Angeles)

Nevada

N

JOSELYN COUSINS, Vice President
Bank of America (Las Vegas)

SAM CULOTTA, Jr., Vice President
Wells Fargo Bank (Las Vegas)

ORTHERN

ALIFORNIA

Community Development Manager
U.S. Bank (Sacramento)

MIKE MANTLE, Manager, Community Development
California Bank & Trust (Danville)

REBECA PATINO, Vice President/Commercial
Loan Officer
Liberty Bank (South San Francisco)

JAMES M. ROCKENBACH, Compliance &
CRA Officer
Bank of the Orient (San Francisco)
BRIAN SCRIP, Vice President
Westamerica Bank (Fairfield)

DOREEN DAVIS-PETERSON, Vice President
KEITH LAND, Community Development

Union Bank of California (Los Angeles)

Community Development
U.S. Bank Of Nevada (Reno)

VERNON TAYLOR, Vice President

LOIS GREENE, Senior Vice President

HONG LIU, Vice President

Washington Mutual Bank (Los Angeles)

Bankwest Of Nevada (Las Vegas)

Wells Fargo Bank (San Francisco)

DARRYL TENENBAUM, Vice President
Sun Community Bancorp (Phoenix)

Hawaii

JAY HINER, CRA/Community Development Officer

BARBARA SADLER, Vice President

CORBETT KALAMA, Senior Vice President
First Hawaiian Bank (Honolulu)

CRAIG ROBINSON, Vice President, Compliance
& CRA
Greater Bay Bancorp (Palo Alto)

Norwest / Wells Fargo Bank (Phoenix)

FLORENCE FRANKLIN, Vice President
Nordstrom National Credit Bank (Scottsdale)

Bank of Tucson (Tucson)

12

Community Investments May 2000
Community Investments May 2000

YOLANDA BROWN, Senior Vice President

KELLY K. WALSH, Vice President/Compliance
& CRA Officer
Bank of Hawauu (Honolulu)

Nevada State Bank (Las Vegas)

STEPHEN LINDER, CRA/Community Relations Manager
Household Bank (Las Vegas)

Farmers & Merchants Bank (Lodi)

OREGON
OREGON
Community Investments May 2000
Community Investments May 2000

13

CRAM
Leadership
Council
EMBERS
”The Leadership Councils are a new initiative for the Fed that will serve many functions.
Most importantly, the Councils will give local CRA professionals a vehicle for collaborating on local
community and economic development issues. We believe that these groups can accomplish more by working together
than any one individual or institution can accomplish on its own.”…
Robert Parry, President, Federal Reserve Bank of San Francisco.

Alaska

G
L A Los Angeles
Greater
G
L A

IDAHO

GAIL WEST, CRA Officer
First National Bank of Anchorage
(Anchorage)

GREG MATTHEWS, Vice President/CRA Officer

R. BLAIR HAWKES, President & CEO

LARRY R. SEEDIG, President & CEO

Community Bank (Pasadena)

Ireland Bank (Malad City)

USAA Savings Bank (Las Vegas)

JOHN HAMPTON, Vice President/CRA Specialist

JANE E. PAVEK, Assistant Vice President/Community
Reinvestment Officer
First Security Bank (Boise)

VIRGINIA A. FERGUSON, Vice President,

Compliance Officer
Pacific Century Bank, N.A. (Encino)

RANDY CAREY, Vice President,Compliance/CRA
Home Federal Savings (Nampa)

N
C
Northern
California
N

MARLENE T. MURPHY, Vice President/Manager

CINDY WILLIAMS, Vice President/Community

JOYCE KEANE, Vice President

GERALD W. WALKER, Vice President,

Wells Fargo Bank (Long Beach)

Commercial Loan Dept.
Denali State Bank (Fairbanks)

Development Manager
U.S. Bank (Boise)

MINDY MURPHY, Vice President

REATER OS

NGELES

REATER OS

MICHAEL MEDFORD, Vice President

NGELES

Northern Trust Bank (Los Angeles)

First Bank (Ketchikan)

Idaho

IDAHO

Compliance Officer
Business Bank of Nevada (Las Vegas)

MARCIA A. MCADAMS, Vice President/
LISA C. BELL, Senior Vice President/
Chief Operating Officer
Alaska Pacific Bank (Juneau)

Imperial Bank (Inglewood)

ROBERT JC MORGAN, Senior Vice President/

GLORIA TANG, Senior Vice President

Senior Lending Officer
Idaho Banking Company (Boise)

JERI L. WALTERS, Vice President/Manager,
Community Development
National Bank of Alaska (Anchorage)

Republic Bank Of California, N.A. (Beverly Hills)

NEVADA

A
Arizona

LILIA VILLASENOR, Vice President

RIZONA

ARIZONA

GARY BARNES, Senior Vice President
Community First Bank (Phoenix)

MARY BOETEL, CRA Officer/2nd Vice President
Northern Trust Bank of Arizona (Phoenix)
CAROLYN MITCHELL, Community Development Manager

Bank Of America Mortgage (Irvine)

ALMA E. WILLIAMS, Vice President/CRA Officer
California Commerce Bank (Los Angeles)

EDWARD E. MALONEY, Vice President
International Bank of California (Los Angeles)

Nevada

N

JOSELYN COUSINS, Vice President
Bank of America (Las Vegas)

SAM CULOTTA, Jr., Vice President
Wells Fargo Bank (Las Vegas)

ORTHERN

ALIFORNIA

Community Development Manager
U.S. Bank (Sacramento)

MIKE MANTLE, Manager, Community Development
California Bank & Trust (Danville)

REBECA PATINO, Vice President/Commercial
Loan Officer
Liberty Bank (South San Francisco)

JAMES M. ROCKENBACH, Compliance &
CRA Officer
Bank of the Orient (San Francisco)
BRIAN SCRIP, Vice President
Westamerica Bank (Fairfield)

DOREEN DAVIS-PETERSON, Vice President
KEITH LAND, Community Development

Union Bank of California (Los Angeles)

Community Development
U.S. Bank Of Nevada (Reno)

VERNON TAYLOR, Vice President

LOIS GREENE, Senior Vice President

HONG LIU, Vice President

Washington Mutual Bank (Los Angeles)

Bankwest Of Nevada (Las Vegas)

Wells Fargo Bank (San Francisco)

DARRYL TENENBAUM, Vice President
Sun Community Bancorp (Phoenix)

Hawaii

JAY HINER, CRA/Community Development Officer

BARBARA SADLER, Vice President

CORBETT KALAMA, Senior Vice President
First Hawaiian Bank (Honolulu)

CRAIG ROBINSON, Vice President, Compliance
& CRA
Greater Bay Bancorp (Palo Alto)

Norwest / Wells Fargo Bank (Phoenix)

FLORENCE FRANKLIN, Vice President
Nordstrom National Credit Bank (Scottsdale)

Bank of Tucson (Tucson)

12

Community Investments May 2000
Community Investments May 2000

YOLANDA BROWN, Senior Vice President

KELLY K. WALSH, Vice President/Compliance
& CRA Officer
Bank of Hawauu (Honolulu)

Nevada State Bank (Las Vegas)

STEPHEN LINDER, CRA/Community Relations Manager
Household Bank (Las Vegas)

Farmers & Merchants Bank (Lodi)

OREGON
OREGON
Community Investments May 2000
Community Investments May 2000

13

MEMBERS

Oregon
BERNIE KRONBERGER, Vice President
Wells Fargo Bank (Portland)

BARBARA SMITH, Vice President/Community
Investment Manager
U.S. Bank (Portland)

BRIAN STEWART, Assistant Vice President/

Community Development Officer
Western Bank (Salt Lake City)

RONALD MUMFORD, Vice President, Compliance
Lewiston State Bank (Lewiston)
ROBERT RENDON, CRA Director
Zions Bank (Salt Lake City)

Community Reinvestment Manager
Washington Mutual Bank (Portland)

JANE SHOCK, Director, Community Development

BRENT WARREN, CRA Manager

W
Washington

Key Bank (Portland)

ROXANNE RATHMANNER, Manager, Compliance
First Consumers National Bank (Beaverton)

S D
San
Diego
AN

American Express Centurion Bank (Midvale)
ASHINGTON

JUAN J. AGUILAR, Assistant Vice President/
CRA Manager
Western Bank (Seattle)

IEGO

LINDA AHLSWEDE-COX, Senior Vice President
Scripps Bank (San Diego)

GUSTAVO BIDART, Vice President/Community
Reinvestment Manager
California Bank & Trust (San Diego)

GORDON BOERNER, Retail Lending & Community
Reinvestment Manager
San Diego National Bank (San Diego)
ELSA MONTE, Vice President/CRA Officer
El Dorado Bank (Laguna Hills)

UTAH

Utah

YVONNE BLUMENTHAL, Vice President/Manager,
Community Development
U.S. Bank (Seattle)

JONATHAN FISCHER, CRA Officer
Timberland Savings (Hoquiam)
GRACE JEREMIA, Vice President/Community
Development Manager
Wells Fargo Bank, (Seattle)
JUDITH OLSEN, CRA Officer
Interwest Bank (Oak Harbor)

NORMAN NAULT, Vice President, Community

American Investment Financial (Midvale)

Community Investments May 2000

DAVID KLEIBER joined Cascadia as a loan officer
in 1993, and became associate director one year
later. Prior to joining Cascadia, Mr. Kleiber was
an assistant vice president and loan officer for
Rainier National Bank’s Forest Products Corporate Banking Group. Following this, he worked
for a consulting company placing pension fund
investments into timberland and then for a
small independent Northwest sawmill as export
sales manager. Dave then left for Nepal and
three years of service in the Peace Corps as a
forestry consultant, which was followed by contract work there with the World Bank and the
United Nations Development Program. He returned and began work at Cascadia where he
initiated the formation of the Rural Development Investment Fund, a quasi-equity investment arm of Cascadia that focuses on assisting rural manufacturers with the potential to
create family wage jobs. Mr. Kleiber earned a
master of business administration in marketing
from the University of Washington and a bachelor of science in forestry from Michigan State
University.

JOAN BURBRIDGE, CRA Officer

Development Officer
First Security Bank (Salt Lake City)

JOHN HAYMOND, Senior Vice President

ABOUT THE AUTHOR

Sterling Bank (Firecrest)

Heritage Bank (Olympia)

Wells Fargo Bank (Salt Lake City)

“evergreen” resource for economic development in the northwest. The PA
instrument also has the advantage of
generating current income so that the
fund does not have to rely on philanthropic dollars to cover operating
costs. This enhances the RDIF’s future
as a self-sustaining financial resource.
In its relatively short life span, the
RDIF has achieved a significant impact on job creation in the rural Pacific Northwest. Typical “investees” include a manufacturer of specialty
wood products employing 46 people,
a manufacturer of wall panels supporting more than 20 employees, and a
manufacturer of log and timberframe
buildings that provides ten jobs.
While the Rural Development Investment Fund does not offer true
equity investments that a traditional
venture capitalist would recognize, its
Participation Agreements meet a very
real need in the rural finance market.
Currently in its fifth year of operation,
the RDIF has proven to be an effective
catalyst for job creation, and a useful
instrument for filling the niche that venture capital firms occupy in the mainstream urban financial marketplace. CI

NANCY TRUPP, Business Banking Officer

GREGORY W. CHAPMAN, Community

STEPHANIE HARPST, Vice President

14

PAULA MAHONEY, Assisant Vice President/

perience will be complete losses (i.e.
there will likely be insufficient value
in the collateral of a client company
at liquidation to fully pay all senior
creditors). For this reason, the RDIF
targets a rate of return of 18–22% from
successful investments—considerably
higher than that of a typical loan. Equity capital is never cheap. First, investors demand a rate of return that
compensates them for the assumed
risks. Also, high rates of return are the
only way (short of raising additional
capital) to maintain the capital base
of the fund. Compared to the current
target rates of return for traditional
venture capital (40–60% internal rate
of return in three years), Cascadia’s
Rural Development Investment Fund
is comparatively inexpensive.
The RDIF is distinguishable from traditional venture funds in other important ways as well. Most venture funds
are structured as limited partnerships
with a predetermined life—investors
are typically promised a return on their
money in seven to ten years. As a nonprofit organization, Cascadia has the
advantage of being able to continually reinvest recovered capital in new
businesses to make the RDIF an

Lending & Investment
Washington Mutual Bank (Seattle)

MICHAEL DOTSON, Northwest Market Manager
Bank of America (Seattle)
RANDY FEWEL, Executive Vice President/
Chief Compliance Officer
Inland Northwest Bank (Spokane)
Community Investments May 2000

11

➤ investment recovery is not depen-

➤ traditional lenders view the PA

➤ reductions in the revenue-based

dent on a “liquidity event” such as
an IPO, but is instead amortized
like an ordinary loan;

debt as equity, thereby allowing
the “investment” to leverage additional debt;

➤ like true equity, the entrepreneur

➤ the basic debt structure of the PA

pays a higher rate of return only if
the business is growing and successful—if not, their cost of funds
is lower;

provides greater loss protection to
the RDIF than common or preferred stock investments;

fee over time can be tied to progressive work force compensation
programs, employee benefit improvements, positive environmental actions or other community/
social goals.

➤ the simplicity of structuring and
➤ though not as patient as true eq-

uity, the entrepreneur can delay
the impact on business cash flow
by accruing a certain number of
Participation Payments;

closing the deal minimizes legal
fees on both sides and

INVESTEE PROFILE: EDDYLINE KAYAKS
Tom and Lisa Derrer started Eddyline Kayaks in their garage 29
years ago. The company is now one of the top sea kayak manufacturers in the industry, developing and producing several quality kayak models and a line of paddles. In addition to Eddyline’s
Burlington, Washington production facility, the company operates
a retail outlet offering instruction, rentals and touring.
Product designer Tom Derrer is a true innovator in the sea kayak
industry. He was among the first to develop a mid-priced kayak
that offers the features and performance of a more expensive
fiberglass boat. Eddyline’s new kayaks, made from an innovative
composite material, filled a long-vacant niche in the sea kayak
market.
Despite its quality product, Eddyline couldn’t obtain a loan to
produce the new boats. Research and development costs had been
high, and the company had incurred significant losses. Cascadia
was able to offer Eddyline a subordinated loan through its Rural
Development Investment Fund. The RDIF’s $100,000 loan enabled
the company to purchase equipment to produce the new kayaks,
and add five employees to an existing staff of twenty—a boon in
rural Skagit County, which has historically been dependant on the
timber industry for jobs.

10

Community Investments May 2000

The key to the long-term success of
any high-risk investment fund is to
earn sufficient income on successful
investments to compensate for the inevitable losses sustained on those that
fail. Due to the subordinated collateral position of investments made by
Cascadia’s RDIF, most losses we ex-

SOVEREIGN LENDING:
BRINGING HOUSING TO
INDIAN COUNTRY
By Craig Nolte, Community Investment Advisor,
Federal Reserve Bank of San Francisco

T

The statistics are chilling. Nearly half
of all homes located in Indian country
are overcrowded and have serious
physical deficiencies and almost a fifth
lack complete plumbing. In addition,
over 30,000 individuals and families
are on waiting lists for rental housing.
It is estimated that over 200,000 housing units are needed immediately to
provide adequate housing in Indian
country.
While it is difficult to generalize the
demographic, economic and social
characteristics of the country’s more
than 550 federally recognized tribes,
it can certainly be concluded that housing remains elusive, if not unattainable. A lack of access to capital has
prevented many tribes from being able
to even dream about homeownership,
making the original Americans, the first
nations, the last people to own a
home.
Compounding the housing crises are
other alarming statistics. The poverty
rate on Indian reservations is about
31% compared to the 19% national
average according to 1990 U.S. Census estimates, and nearly half of the
available workforce is unemployed.
Without jobs, home loan programs are
useless. Without housing opportunities, savings incentives and overall
capital formation are also stifled.
Lack of homeownership has created
a negative ripple effect in reservation
economies, which extend well beyond
housing. For instance, nearly a third

of all home-equity lines of credit in
the U.S. are taken out for business
purposes. Without home ownership,
many people living on reservations
don’t have access to an affordable
source of capital.
Even those fortunate enough to own
real estate struggle to sell or refinance
their properties in weak real estate
markets on tribal lands. The complexities of the real estate market are compounded by a lack of competing mortgage lenders. Sadly, only a scant number of lenders offer the HUD 184 loan
guarantee program, and many tribes
have not adopted the HUD rules to
allow their members access to the program. In the Pacific Northwest states of
Washington, Oregon and Idaho, only
15 lenders offer these loan products,
despite a 100% guarantee provision.
Without access to the traditional
mortgage market, those who seek
homeownership may end up with high
loan interest rates and fees, normally
much higher than those from a traditional mortgage lender, resulting in a
disincentive to purchase a home on
the reservation. Therefore, while the
Native American Housing Assistance
and Self-Determination Act of 1996
(NAHASDA) was designed to produce
locally-valued outcomes and address
the needs of low-income Native American populations, lack of access to capital stymies efforts to leverage
NAHASDA funds for greater impact.

Community Investments May 2000

15

SOVEREIGN LENDING INITIATIVE
Recognizing the dynamic correlation
between access to credit, homeownership and net worth, the Federal Reserve Bank of San Francisco (FRBSF)
embarked on an initiative in 1998 to
increase access to credit in Indian
Country. The initiative started with
seven Sovereign Lending workshops
to invite the greater tribal and banking community to share their views on
the barriers and solutions to lending
in Indian Country. Sovereign Lending
task forces were formed out of these
workshops to strategize and develop
solutions. The task forces, which include representatives from different
tribes, financial institutions, government agencies and community-based
organizations, have held meetings at
over 50 Indian reservations throughout the states of Washington, Oregon,
Idaho and Utah. At these meetings,
participants learn about each tribe’s
economic development plans, identify
needed banking products and services,
and collaborate on joint projects.
The task forces identified five primary barriers to lending in Indian
Country, each of which has a significant impact on housing affordability
and finance: (1) tribal lending laws;
(2) remoteness; (3) land status; (4)
communication; and, (5) borrower
characteristics. This article explains
each barrier and possible solutions,
plus elaborates on what task force
members are doing to resolve these
barriers. And while some of these barriers share similarities to other LMI
communities, the combination of them
all is specific to most reservations.

TRIBAL LENDING LAWS
Many Indian tribes do not have laws
that provide guidance to lenders on
how to conduct business on reservations. A lack of guidelines on reservations, such as procedures for evictions
and foreclosures presents an unknown
situation for lenders, which is seen as
a risk. To resolve this barrier, a num-

16

Community Investments May 2000

ber of tribes on the task force have
used their sovereignty to adopt laws
to promote both real estate and commercial lending. Some have posted
their laws on their web sites for easy
access by lenders and title companies.
The Oregon task force sponsored a
tribal attorney symposium on tribal
law resources with presentations by
Fannie Mae, HUD and local law firms.
The task force symposium and meetings have been most successful as a
catalyst for ongoing meetings and
customized solutions. A good illustration of this is when one lender’s attorney met separately with the
Shoshone-Bannock tribal attorney to
review their tribe’s laws and suggest
recommendations for changes. This
single meeting resulted in two large
loans to the tribe.

REMOTENESS
The remote location of many Indian
reservations presents challenges for
lenders in delivering banking products and services in a practical and
cost-efficient manner. In general,
branch offices require a volume of
both deposits and loans substantial
enough to justify their existence—
more than would likely be possible
on many Indian reservations. This
prerequisite has prompted lenders and
tribes to consider alternative delivery
systems. As the largest employer on
many reservations, several tribes now
offer direct deposit service for their
employees. This allows employees to
begin accruing interest on their funds
immediately, as well as access cash
from ATMs or via point-of-sale service
at local stores without leaving the reservation. ATMs may be located near
the local post offices, medical facilities or tribal offices, where both access and security may be available up
to 24 hours. In one case, Nevada Bank
& Trust is in the process of establishing a full-service branch on the Duck
Valley Reservation that would share
space with a tribal micro-lending

organization, saving tribal members an
80-mile drive to the nearest bank
branch.

LAND STATUS
The issue of land ownership on many
Indian reservations is complex, but not
as daunting as some see it. While many
reservations are made up of a mixture
of fee simple, tribal trust and allotted
land, there are lending products for
all of these ownership structures.
HUD’s 184 loan guarantee program is
designed to be used on trust land,
while a bank’s conventional lending
products can work on fee simple land.
Five task force lenders decided to offer the HUD 184 to help fulfill this
need. In addition, several lenders have
been working on special housing programs with individual tribes, and one
task force is exploring how to improve
access to state housing programs.

COMMUNICATION
Bridging the limited opportunities for
communication between many tribes
and the finance community, which is
the cornerstone of problem solving, is
a primary goal of the task forces. The
task force meetings host different
speakers on available financing resources and help to build stronger relationships between tribes and other
task force members. In one meeting,
two tribes decided to collaborate and
allow one of the tribes to open a credit
union office on the other tribe’s reservation. Several of the task forces have
developed directories of bank and
tribal personnel to contact on financing matters. Another task force established a loan referral center within an
urban Indian walk-in medical clinic.
In addition, the task force meetings
continue to attract participation from
community-based organizations that
have not traditionally provided affordable housing technical assistance to
tribes given the many housing-related
barriers.

been the primary drivers of the incredible urban economic dynamism in the
region. While technology-based businesses might be attracted to the quality of life in rural areas, rural communities cannot offer the high speed,
wide bandwidth telecommunication
services on which many high-tech
businesses depend.
Instead, rural residents must find
ways to create jobs from within. This
entails conceiving of new ways to add
value to the limited resources still on
hand. In areas dependent on the fishing and timber industries, this means
creating value-added timber and fish
products to ensure that profits derived
from the processing of these raw materials will stay in the community. Instead of shipping logs overseas, for
example, rural manufacturers must use
the logs to create marketable finished
products that will double, triple or
even quadruple the revenue earned
from each tree.
Creating an essentially new manufacturing base in a poor community
can be quite a challenge. Entrepreneurs traditionally rely on family,
friends and business partners to provide startup and working capital for
their businesses. This isn’t always possible for business owners in rural communities, where local wealth has been
stretched thin by poverty and unemployment resulting from the demise of
the local primary manufacturers.
In Washington, a number of state
agencies and private nonprofit organizations, including Seattle based
Cascadia Revolving Fund, offer loans
to small rural businesses that cannot
secure bank financing for all of their
needs. But, like a bank, most of these
sources of capital require collateral as
a secondary source of repayment in
case of default. Cascadia’s experience
in working with rural businesses has
demonstrated that entrepreneurs in eco-

“

. . . rural poverty and
unemployment persist,
despite unprecedented
economic growth . . .

”

nomically distressed communities frequently need unsecured risk capital.
On a balance sheet, risk capital most
frequently takes the form of owner’s
equity—or the money the business
principals invest as permanent capital
in exchange for stock in, or ownership of, the business. These funds are
generally used to build an asset base
that is then borrowed against through
a bank or other lender to provide the
company with more capital. Without
sufficient equity, a business will have
difficulty borrowing additional capital
from a bank.

DEVELOPING THE INSTRUMENT
Cascadia spent four years testing the
feasibility of creating a fund for making equity investments in rural northwest businesses resulting in the Rural
Development Investment Fund (RDIF).
During this initial pilot phase, the RDIF
was capitalized by foundation grants
and program-related investments as
well as grants from state and federal
agencies involved in rural economic
development.
Cascadia originally thought to model
the RDIF on the venture capital industry, in which professionally managed
funds purchase a percentage of the
ownership of young companies that
have the potential to dramatically increase in value. The key to this model
is the exit strategy. Venture funds anticipate that their ownership interests
(stock) will become liquid (sold and
converted back into cash) when these

new companies successfully offer their
shares for sale to the public. The ability to make an initial public offering
(IPO) depends on the company’s management team and technology, and the
team’s ability to apply that technology
to meet the needs of a large market.
The more Cascadia studied this type
of investment strategy, the clearer it
became that this model would not
work well for the rural economies of
the Northwest. While many companies
would welcome the access to patient
venture capital, the exit strategy for
Cascadia was not clear. Most existing
businesses in these communities are
simply not likely IPO candidates.
Given this reality, Cascadia structured
a financial instrument that balances the
company’s need for equity-like capital with Cascadia’s need for a relatively
straightforward exit. The resulting
product is called a Participation Agreement (PA)—a deeply subordinated,
long-term, low-interest loan, coupled
with a revenue-based fee called a
Participation Payment. The loan is
amortized over an extended period at
a low rate, resulting in very reasonable monthly loan payments. The company may choose to accrue a designated number of Participation Payments, thereby deferring the impact
on the business’ cash flow until the
proceeds of the loan have been invested and the company’s sales, profitability and cash flow have improved.
Given the characteristics of the target
market for the RDIF, there are several
advantages to this product over a standard equity investment:
➤ the touchy issues surrounding the

purchase of a piece of an entrepreneur’s company, and the valuation of that company, are avoided;
➤ the PA provides a source of cur-

rent cash flow to cover operating
costs for Cascadia—a very important consideration for a relatively
small fund;

Community Investments May 2000

9

A

As we enter a new millennium, the
nation continues to ride the wave of
economic growth that brought the
twentieth century to a close. But while
national unemployment levels are undeniably low, many hard-working
Americans still lack jobs that pay
enough to support a family. The national economic boom has been unprecedented in length, but its effects
have not spread out evenly across all
our communities. Many local economies have actually experienced a decline in jobs and median incomes.
Rural communities, particularly in
the Pacific Northwest, have generally
not enjoyed the same levels of prosperity as urban and suburban centers.
In Washington state, rural poverty and
unemployment persist, despite unprecedented economic growth in the Puget
Sound region. A 1998 study by the
Corporation for Enterprise Development found the state of Washington
to have the second highest urban/rural income disparity in the nation.
The situation is similar in rural communities throughout the country. Rural areas simply do not have enough
well-paying jobs to go around. In
Washington and Oregon, rural communities have historically been dependent on primary resource extraction
industries: agriculture, forest products
and fishing. All three industries are in
precipitous decline. Many family farms
have succumbed to the falling prices
in foreign export markets that have
resulted from the globalization of commodity food markets. Remaining farmers have been pummeled by several
recent years of unusually harsh
weather conditions that have greatly
diminished harvest volumes.
Communities dependent on the timber and fishing industries have also
been hard-hit—facing restrictive environmental regulations and dwindling

8

Community Investments May 2000

BORROWER CHARACTERISTICS

CASCADIA’S

RURAL DEVELOPMENT
FUND BRINGS INVESTMENT INTO
RURAL COMMUNITIES
By David Kleiber, Loan Officer, Cascadia

resources. The decline in the volume
of timber harvested from national forest lands has resulted in the closure
of dozens of sawmills in the rural
Northwest—mills that historically offered the best paying jobs in town.
The recent closure of the coastal
ground fishery, coupled with the listing of local salmon runs as endangered, has all but eliminated the once
viable regional fishing industry.
Many Northwest rural communities
have tried to compensate for this rapid
and continuing job loss by developing alternative sources of revenue and
job growth. Some have successfully
transitioned to a tourism-based

economy. While this strategy may keep
a community alive, it doesn’t provide
the same level of economic prosperity. Tourism and service industry jobs
do not compare in terms of wages and
benefits to the manufacturing jobs that
were lost.

THE CHALLENGES OF JOB CREATION
Rural communities face several obstacles in the struggle to maintain a
viable economic base and create quality family-wage jobs. In the rural Pacific Northwest, most communities lack
the technical infrastructure to attract
the computer, information processing
and biotechnology industries that have

Widespread unemployment, non-traditional forms of income, lack of assets and low education levels all contribute to a challenging lending environment in Indian country. To help
address these issues, task force members launched financial literacy programs by partnering with several organizations including the State of
Washington’s Junior Achievement program, the Oregon Bankers Association’s Personal Economics Program
and the Idaho Financial Literacy Council, to offer their “bank-at-school” programs in tribal schools. In addition,
banks began accepting alternative
forms of income verification such as
“fish tickets” and held first-time
homebuyer seminars. Finally, two task
forces are encouraging their respective state legislatures to adopt legislation to allow residents access to Individual Development Accounts (IDAs),
a savings account designed to help
people save for their first home, education or to start a new business.

CONCLUSION
The lack of access to capital on Indian reservations has caused an overcrowding of existing households, an
exodus of potential homeowners and
a ripple effect on the tribal and neighboring economies. Statistics or even
words cannot truly describe the immense personal hardship on generations of Native Americans as they wait
for the opportunity to become
homeowners.
We can make housing happen in Indian Country. Although the Sovereign
Lending task forces have helped speed
resolution of lending barriers on tribal
lands, there is no better substitute than
prompt action by financial institutions,
tribes and others roused by the chilling statistics and motivated by the
many opportunities to take action. CI

A CHECKLIST FOR RESERVATION LENDING
➤ Give tribal members options for

home financing such as both government-insured products and
conventional products.
➤ Research the type of affordable

housing organizations available off
the reservation and encourage
them to work with tribal members.

ABOUT THE AUTHOR

➤ Explore alternative retail delivery

CRAIG NOLTE is a Community Affairs Advisor

systems for banking services when
branch offices are not feasible.

with the Federal Reserve Bank of San Francisco.
As part of the Community Affairs department,
Mr. Nolte develops training and consults with
financial institutions on community investment
opportunities. Mr. Nolte is very active in Native
American lending issues on both local and national levels. Currently he facilitates seven “Sovereign Lending” task forces in the four northwestern states of Washington, Oregon, Idaho
and Utah.

➤ Arrange a meeting between the

tribal and bank attorneys to review
and suggest changes where appropriate in the tribe’s laws.
➤ Poll tribal members on needed

banking products and services, and
arrange a meeting between the
bank CRA officer and an appropriate tribal representative to review the survey results.
➤ Consider developing a task force

similar to the northwest task forces
for area tribes in other geographies.
➤ Offer financial literacy programs

Prior to joining the Federal Reserve, Mr. Nolte
served as a Compliance Examiner with the Office of Thrift Supervision. In that role, Mr. Nolte
evaluated thrift institutions’ compliance with
various consumer and compliance laws and
regulations, including the Community Reinvestment Act. Mr. Nolte holds a master of business
administration. from City University in Seattle,
and a bachelor of arts degree in finance from
Seattle Pacific University.

for K–12 tribal children, and first
time homebuyer and personal financial management seminars for
other tribal members.
➤ Ensure that HUD’s 184 Loan Guar-

antee Program is readily available
and that all tribal members have
access.

Community Investments May 2000

17

One Lending Consortium’s
10-Year History
By Mary Kaiser, President, California Community Reinvestment
Corporation, and George H. Vine, Principal, Vine & Associates
Ten years ago a group of Californiabased commercial banks created the
California Community Reinvestment
Corporation (CCRC) as a means of
sharing “risky” long term affordable
multifamily housing mortgages. The
Federal government had just created
the Low Income Housing Tax Credit
program and mortgages for the program were hard to find.
CCRC staff and loan committee developed expertise in underwriting tax
credit projects and helped to pioneer
lending that is now offered by many
commercial banks. A recent analysis
of CCRC’s loan portfolio provided the
opportunity to assess how well these
pioneers in affordable housing finance
managed risk. As part of an annual
review of loan loss reserve adequacy,
we totaled CCRC’s historical loan losses
since our inception 10 years ago, and
divided the sum by total loans funded
during that time. In the last 10 years
CCRC has originated nearly
$200,000,000 in mortgages secured by
projects containing over 7,500 affordable housing units.
To our surprise, we found that
CCRC’s loan losses since inception
amounted to only 0.34% of all loans
originated. This is a loss history more
in keeping with a good portfolio of
investment grade bonds than a high-

T

18

Community Investments May 2000

risk pool of low-income, multifamily
housing mortgages. Chief credit officers at most of CCRC’s member banks
would die for such a loss history. Some
additional portfolio statistics follow.
CCRC’s current (as of May 1999)
portfolio consists of 79 loans totaling
$152,000,000. Most of CCRC’s loans are
between $250,000 and $3,000,000 in
size and the average loan size is
$1,900,000. The portfolio is well diversified with respect to borrower and
geographic concentrations (given that
all mortgages are secured by California projects). Eighty-two percent of the
portfolio is secured by Low Income
Housing Tax Credit (LIHTC) projects.
Most CCRC borrowers include nonprofit corporations in some capacity
ranging from the minimum participation required to qualify for the property tax welfare exemption to 100%
ownership. The weighted average
loan-to-value ratio is 74% and the
weighted average debt service coverage ratio is 1.16. Classified (i.e.
troubled) loans amount to less than
2% of the portfolio. None of the
portfolio’s loans are delinquent and
historically delinquencies are rare.
Both authors became involved with
CCRC within the past four years, and
both came to CCRC from extensive
careers in (non-community develop-

ment) commercial banking. Even after four years the exceptionally low
loan losses are a surprise. We attribute
CCRC’s exemplary loan loss experience to the following five factors:

1. CCRC’S LOAN COMMITTEE
The loan committee meets once a
month and includes senior credit and
community development officers from
each of the five “major bank” members (Bank of America, Wells Fargo,
Union, Sanwa and City National) and
from three of the remaining bank
members (currently Comerica, Union
Safe and Deposit and Bank of the
West). They give their time generously
to review extensive loan committee
packets and they take their jobs seriously, as their approval of a loan commits CCRC’s bank membership to fund.
The committee’s focus is first on the
basics of credit, then on “how do we
do the deal.” Loan committee discussions can become spirited providing
a creative tension that frequently leads
to innovative solutions. Rarely, if ever
—never in our recollection—does the
committee decline CCRC staff loan
submissions.

As soon as properties are repositioned,
stabilized, and the qualified local nonprofit is in place, NHDC will sell or
transfer the property to the qualified
local nonprofit. At that time, the investors’ equity capital will be repaid.
As an alternative, and at each individual investor’s discretion, equity
capital returned can be recycled back
as a new capital contribution to acquire future properties on the same
basis. If there is no otherwise viable
affordability-oriented transaction, as a
last resort the property can be sold at
market value.

NHDC PERSONNEL
While NHDC is a new national intermediary, NHDC staff has a long and
impressive history in affordable housing preservation. Jeff Burum, NHDC’s
executive director, was the founder
and driving force behind Southern
California Housing Development Corporation (SoCal Housing), a large and
very successful regional nonprofit
which focuses on preservation of affordable rental housing in Southern
California. Under Burum’s seven-year
leadership, SoCal Housing preserved
over 3000 units of affordable housing
with an asset value exceeding $130
million. Other key staff members from
SoCal Housing are also involved with
NHDC. Sebastian Sterpa, former chairman of the California Housing Finance
Agency, will serve as the initial chairman of the board of directors. Other
members of NHDC’s board are being
recruited and include key national
leaders in the nonprofit, philanthropic,
private and public sectors.

In addition, NHDC has assembled
a team of outside experts to assist with
acquisitions, organizational planning
and development, and public finance.
Team members include Rick Johnston,
managing director, of public finance
for US Bank/Piper Jaffray, Kathy
Kenny and John Trauth, the authors
of this article and David Smith, founder
and president of Recapitalization Advisors, one of the nation’s leading specialists in the HUD inventory.
The ultimate goal of NHDC’s efforts
is to help local communities attain
greater control over one of their most
precious assets—the housing stock
that shelters lower income families and
seniors. Without a doubt, preserving
this housing stock is a huge undertaking, one that in order to be successful, will require coordination, cooperation, considerable expertise and
strong financial support.
Through its working relationships
with other preservation oriented agencies and through its board of directors, NHDC is positioned to make a
major difference in the preservation
of our nation’s affordable housing
stock. NHDC’s success will directly
translate into a win for the most vulnerable constituent, this nation’s lowincome families and seniors. CI

ABOUT THE AUTHORS
KATHY KENNY and JOHN TRAUTH are organizational planning and development consultants,
specializing in the startup of large-scale initiatives in affordable housing and community development. They are currently assisting the
National Housing Development Corporation
through its startup phase. John Trauth was also
instrumental in the creation of BRIDGE Housing
Corporation and Southern California Housing Development Corporation, two highly successful
regional nonprofit housing developers. Kathy
Kenny has also served as a planning consultant
to the Council on Foundations, the League of
California Community Foundations, the National
Economic Development and Law Center, and the
Federal Reserve Bank of San Francisco.

For additional information on NHDC,
contact National Housing Development Corporation, 8265 Aspen Street,
Rancho Cucamonga, CA 91730; (909)
291-1400 or jburum@nhdc.org. Or
visit NHDC’s website at www.nhdc.org.

2. EXTENSIVE LOAN REVIEW PROCESS
CCRC prepares a comprehensive annual review of every loan based on

Community Investments May 2000

7

The Neighborhood Capital Corporation (NCC) was
formed in January 2000, by members of the Multifamily
Housing Initiative of Neighborhood Reinvestment Corporation. The NCC membership, comprised of the multifamily organizations in the NeighborWorks Network,
owns and operates 15,000 units of multifamily housing. NCC’s primary function will be aggregating capital
for the timely acquisition of affordable multifamily housing for its member organizations. NCC members plan
to increase their combined portfolio by 10,000 units by
the end of 2003. NCC intends to work with other organizations, including National Housing Development
Corporation, National Housing/Trust Enterprise Preservation Corporation and National Association of Housing Partnerships. The NCC board has commenced the
executive search process. For further information, contact Bill Sullivan, Rocky Mountain Mutual Housing Association, Inc. 1550 Park Avenue, Denver, CO 80218,
(303) 863-8651, ext. 211, sullivanb@rmmha.com.

financial information provided by borrowers. Additionally it inspects all
properties at least annually. Loan review findings are scored to a single
“risk rating” given to each loan. These
risk ratings become the basis for assigning loss reserves and determining
the frequency and intensity of each
loan’s monitoring. The results of these
reviews are presented to the loan committee, which must confirm or reject
CCRC staff-assigned risk ratings. As the
portfolio gets larger it becomes more
difficult to maintain this intensive review discipline, but the benefits of an
intimate knowledge of the portfolio,
including early warnings of problems
and up-to-date market data are worth
the effort. The handful of borrowers
who inadvertently neglect or—notwithstanding promises made in loan
documents—refuse to provide updated financial information impede this
monitoring, but most cooperate fully.
The culmination of the portfolio review process is the annual credit review by a professional credit review
team provided by one of the “major”
bank members on a rotating basis. The
team scrutinizes the portfolio using
their employer’s standards. Because

NHT ENTERPRISE PRESERVATION CORPORATION

109th Street before

ADDITIONAL AFFORDABLE HOUSING PRESERVATION CONTACTS
LISC’S COMMUNITY DEVELOPMENT TRUST, INC.
The Community Development Trust (CDT) is a for-profit
real estate investment trust (REIT) created in 1998 by
the Local Initiatives Support Corporation (LISC), a national community development intermediary. CDT acquires long-term fixed-rate mortgages collateralized by
affordable multifamily housing and other community
development assets. CDT also invests equity in other
community development projects that meet CRA requirements. As a REIT, CDT can offer current owners of
affordable housing a tax-deferred exchange that benefits property owners who have exhausted their tax
benefits. Initial capital of $31,750,000 was raised from
18 institutional investors including banks, insurance
companies and one CDFI. For further information, contact Judd S. Levy, President and CEO, (212) 271-5099,
jlevy@commdevtrust.com.

NATIONAL AFFORDABLE HOUSING PRESERVATION ASSOCIATES
National Affordable Housing Preservation Associates
(NAHPA) is a national nonprofit organized to promote
the preservation of affordable multifamily housing in
rural areas and small towns. NAHPA is currently completing acquisitions in Illinois and Vermont with a goal
of acquiring 3,000 units over the next three years. USDA
Rural Housing has affirmed a financing model for preservation of properties to attract the participation of private lenders. NAHPA is now looking to build an organization and to establish partnerships with local and regional nonprofit organizations and housing authorities
interested in acquiring and/or managing multifamily properties in rural areas. For further information contact Muriel
Watkins, Executive Director, (202) 467-8544,
murielwatkins@hotmail.com.

NATIONAL ASSOCIATION OF HOUSING PARTNERSHIPS’ HOUSING
PARTNERSHIP DEVELOPMENT FUND
The National Association of Housing Partnerships
(NAHP) is comprised of 60 regional nonprofit housing
organizations in 32 states. NAHP’s new affiliate, the
nonprofit Housing Partnership Development Fund, will
provide a loan facility for use by NAHP members, primarily for purchase of portfolios of HUD-assisted properties. The Fund will offer technical assistance with the
financing that is needed for predevelopment costs. The

Fund has received CDFI designation, so that bank investors can receive CRA credit and cash awards. $1
million in investment has been raised to date toward a
goal of $3 million. For further information contact Kathy
Farrell, (617) 720-1999 ext. 204, farrell@nahp.net.

NEIGHBORHOOD CAPITAL CORPORATION (NCC)

they are often new to affordable multifamily housing mortgages, they keep
CCRC staff on its toes by questioning
basic assumptions and reviewing loan
monitoring down to the smallest detail. CCRC typically emerges with a
“satisfactory” portfolio rating—usually
the highest rating given— with a few
areas flagged for improvements,
which are made the following year.

3. AGGRESSIVE PROBLEM
ASSET MANAGEMENT
CCRC is a firm believer in proactive
problem asset management. When a
loan review indicates problems, the
loan is given a worse risk rating and
the frequency of formal loan reviews
may be increased to quarterly. Borrower contact is intensified. Problem
borrowers sometimes fix their properties just to avoid CCRC’s frequent,
even daily, inquiries!
Signs of problems include: high vacancy rates, debt service coverage ratios below break-even, non-funding
of replacement reserve accounts, deferred maintenance revealed by
CCRC’s property inspections, delinquent property taxes, and lack of response to CCRC’s letters and tele-

phone calls. When problems such as
these develop, CCRC tries to work with
the existing borrower to resolve the
issue. Usually it is a temporary problem caused by a random fluctuation
in occupancy, a change in property
management firms or borrower staff
turnover, and the property rapidly gets
back on track. Even when problems
turn out to be long-term, in nearly all
cases CCRC’s borrowers come up with
the capacity and integrity to fulfill their
obligations.
Very rarely, payments are not made,
there is no prospect for improvement,
and CCRC forecloses. Fortunately,
CCRC has foreclosed on only two loans
to date. Once CCRC takes title to the
property the goal becomes a rapid sale
of the property to a qualified purchaser
at a fair price, under terms which will
allow CCRC to account for the transaction as a sale. With both foreclosures,
CCRC tried first offering the properties to nonprofits but was unsuccessful at finding one that could meet
CCRC’s foreclosure sale goal. In our
opinion, the nonprofit housing provider that can perfect the art of acquiring foreclosed properties from financial institutions will have that mar-

109th Street after

National Housing Trust (NHT) is a nonprofit intermediary located in Washington, D.C. The Trust was founded
in 1986 and is dedicated to the preservation of existing
multifamily affordable housing. In 1999, the Trust and
the Enterprise Foundation launched the NHT Enterprise
Preservation Corporation, which will purchase real estate from owners of multifamily housing, primarily targeting markets where there is insufficient local nonprofit capacity or interest to efficiently complete a transaction. This new nonprofit entity plans to acquire 5,000
apartments over the next five years. In general, NHT/
Enterprise plans to focus its activities in the Mid-Atlantic, South and Midwest. For further information contact Scott Kline, Vice President for Acquisitions, (202)
333-8931, skline@nhtinc.org. Or visit NHT’s website
at www.nhtinc.org.
This 6-unit property was purchased, completely renovated and permanently financed with a single fixed rate, 20% down loan that is due in
10 years under CCRC’s Acquisition/Rehab lending program.

6

Community Investments May 2000

Community Investments May 2000

19

4. PREVALENCE OF TAX CREDIT PROJECTS
IN CCRC’S PORTFOLIO
Most projects financed by CCRC get
their equity from large tax credit investors such as SunAmerica, Related
Capital, and Edison International, who
acquire Low Income Housing Tax
Credits by purchasing limited partnership interests in the projects. An investment in a project is often several
times CCRC’s loan amount. During the
10-year tax credit period and the subsequent 5-year “compliance” period,
these investors have a strong interest
in keeping CCRC’s loan current, since
a foreclosure can result in the loss of
tax credits as well as recapture penalties. Indeed, we recently projected the
costs of the loss of tax credits and penalties for a typical project and found
that a tax credit investor would be
better off up through the 12th year of
a project paying off CCRC’s mortgage
in full at a total loss, rather than allowing CCRC to foreclose on its loan. This
is a powerful incentive to keep payments current. CCRC has a few loans
secured by tax credit projects that continue to be kept current in the face of
major project cash flow shortfalls.
Additional protection is provided by
the reduced rents mandated by the
program which are often 10% or more
below rents offered by competing
properties. Projects with rents this far
below market are much more forgiving of poor marketing and management. As a last resort, a foreclosed
property with below-market rents can

20

Community Investments May 2000

be converted to a non-rent restricted
property and the rents can be raised.
Higher rents mean a higher property
value, which provides an additional
cushion to the mortgage lender.
One problem with tax credit
projects occurs when local market
rents drop to a level close to the restricted rents in a tax credit project
within that market. In many cases such
tax credit projects will not be able to
achieve market rents. Rather, they
must offer units at discounts below
market (and below the project’s restricted rents) to offset the continuing
tenant income monitoring requirements and the projects’ reputations as
“low-income” properties.
The major issue with tax credit
projects is what happens at the end
of the 15-year compliance period—
with 15 years of payments left on
CCRC’s mortgage. Most projects are
still subject to rent restrictions for another 40 years. The tax credit investors no longer have an interest in supporting the projects, since the tax credits have been consumed and the penalties no longer apply. We won’t know
for sure until 2002, when the compliance periods on the earliest tax credit
projects begin to expire, but we expect that the 15 years of amortization
and inflation during the first half of
CCRC’s 30-year loan will protect the
loan during the last half of its life. We
predict that fifteen years of amortization will reduce CCRC’s typical loan
balance by 23% and fifteen years of
inflation compounded at 2% annually
may increase a project’s value by 35%.

5. THE

STRONG CALIFORNIA ECONOMY
AND THE SERIOUS AFFORDABLE HOUSING
SHORTAGE IN CALIFORNIA

Apartment vacancy rates in many of
California’s major markets are approaching 5% or below. Few if any
markets in the state have vacancies in
excess of 10%. California accounts for

seven of the eight least affordable
rental housing markets in the country. Job growth in the major California
markets is creating housing demand
growth well in excess of housing supply growth. These statistics are well
documented so we won’t delve into
them here. Ironically, the housing shortage so harmful to CCRC’s low-income
constituents strengthens the credit quality of CCRC’s loan portfolio.
We have learned several lessons as
ex-commercial bankers from this alternative universe of affordable housing mortgage credit as follows:

1. DO NOT LOOK FOR CASH FLOW
CCRC’s portfolio debt service coverage ratio (1.16) seems low to those
accustomed to conventional seasoned
multi-family loans. A subset of CCRC’s
loans was recently subjected to the
scrutiny of a rating agency and several potential purchasers who anticipated debt service coverage ratios of
1.3 and above.
The explanation is simple—many of
CCRC’s projects carry “residual receipt”
subordinate loans in favor of government agencies. Borrowers must repay
these only if there is cash left over after paying expenses and debt service.
Some of the loans are even forgiven if
they are not repaid within their term.
These “residual receipt” debts create
a powerful incentive for borrowers to
pay out all of a property’s income in
expenses, since any left over pays a
bill that otherwise would not have to
be paid. High property management
fees are a favorite device for reducing
reported cash flow as are “tenant services” expenses. Some projects show
stable debt service coverage ratios
from review period to review period,
which remain at 1.0 (break-even cash
flow) despite wildly varying vacancy
rates and expense levels.

Once up and running, NHDC will
earn income from transaction fees,
special preservation funds (Intermediary Technical Assistance Grants, or
ITAGs), cash flows from acquired
properties, transfer fees to local
nonprofits (based on a limited costreimbursement formula) and asset
management fees. NHDC’s projections
indicate that it will achieve self-sufficiency in four years, based on an aggressive acquisition strategy.
To reach self-sufficiency, NHDC’s financial projections show a need for
$5 million in seed capital—of which
$2 million has now been provided by
Congress. NHDC is in the process of
raising the remaining seed capital from
financial institutions, foundations, corporations and future congressional
appropriations.

“

The ultimate goal of
NHDC’s efforts is to help
local communities attain
greater control over one of
their most precious assets—
the housing stock that
shelters lower income
families and seniors.

”

A CRA INVESTMENT OPPORTUNITY
NHDC is developing an investment
fund whereby participating financial
institutions should receive CRA investment credit via acquisition (and subsequent disposition) of existing afford-

able housing at risk of market conversion. Acquisitions will be structured via
a risk-shared equity pool LLC in which
NHDC will be the managing member
and participating financial institutions
will be the equity investors and members. Investments are targeted for $5
million increments, although smaller
investments will be considered. The
investment will have a projected holding period of three years and a maximum of six years, with a projected return of 5–8%, plus return of capital.
The fund will make every effort to target its acquisitions to match the investors’ service areas, broadly defined as
states and regions where investors do
business. However for NHDC to have
the flexibility to respond to areas of
greatest need, 25% of the funds will
be reserved for use in any location.
(continued on page 7)

NHDC PROCESS
(Diagram 1)

BUY

HOLD

Portfolios at Risk

NHDC
UNPT

RESTRUCTURE/
REPOSITION

SELL (at cost)

NONPROFITS
• LISC
• Enterprise
• NRC
• NCBC
• LaRaza
• Independent
• NAHP

• OHMAR
HUD$
• CD TRUST
• Improved Cash Flow
• Improved Property Mgmt
• Other Cost Savings
RESTRUCTURING TOOLS

$5M
Start-up

GOAL

ket niche to itself in the next real estate downturn.
Even rarer than a foreclosure is
when CCRC has such strong doubts
about a borrower’s management capacity that it decides to exit the relationship even though payments are not
yet delinquent. In these cases CCRC
will work with the borrower to get
CCRC’s loan refinanced elsewhere.

• Prevent
Market Rate
Conversion

$100M Interim
Acquisition Line

Permanent
Debt

Subsidies/
Equities

• Congress

• Banks

• HFAs

• Banks

• Insurance Cos

• Banks

• Local, State
• Government

• Insurance Cos

• HFAs

• Consortia

• LIHTC

• HUD

• Foundations

• Private Sector

• Congress

• Foundations

• Others

• Insurance Cos

• Foundations

• Maintain Affordability
While Nonprofits
Prepare to Purchase

• Stabilize Properties

• Transfer to Local
Control
• Permanent
Affordability

Community Investments May 2000

5

ervation program operated by the nonprofit Southern California Housing
Development Corporation (SoCal
Housing).
NHDC’s mission is to improve the
quality of life for lower income families
through acquisition and preservation of
our nation’s affordable housing stock.
It will partner with other not for profit
preservation efforts, competing aggressively with the private sector to purchase
large portfolios of these properties, restructure them financially, and sell them
at cost to local nonprofits. Under nonprofit ownership, affordability can be
maintained in perpetuity. NHDC’s goal
is to help preserve a significant portion
of the nation’s “at risk” properties, with
an initial goal of acquiring 60,000 units
in three years.
Congress has recognized the need
and endorsed the NHDC model earmarking $2 million in the 1999–2000
budget for NHDC’s initial seed capital. In addition, a national foundation
has approved a seed grant for the first
two years of operation.

NHDC’S UNITED NATIONAL
PRESERVATION TRUST
NHDC’s program, the United National
Preservation Trust, will negotiate directly with portfolio owners for properties anywhere in the country. As illustrated in diagram 1, the trust will
serve as a large-scale acquisition/warehouse agent that will purchase larger
portfolios of “at risk” affordable housing properties, concentrating on those
which are beyond the reach of local
nonprofits, either for financial or geographic reasons. NHDC will then reposition and stabilize the properties
and finally disaggregate and
sell off individual properties at cost to
qualified local nonprofit organizations.
NHDC’s holding period (estimated between 12 to 36 months) will enable the
local nonprofits to assemble the necessary resources (i.e. tax credits, HOME
funds, and local subsidies) to purchase
the properties and prepare to assume

4

Community Investments May 2000

“

Over the next three years,
the largest transfer of
affordable real estate assets
in history will take place,
exposing upwards of
800,000 affordable units
to market rate conversion.

”

property management functions. Management fees may also contribute to
the sustainability of local nonprofit
operations, providing additional capital to address other community needs.
NHDC will retain a limited asset management oversight role to correct any
future problems that might arise.
NHDC has developed its program
based on the concept of “harmonious differentiation” whereby NHDC
will work with and complement housing, community development and
preservation efforts of other national
intermediaries. Initial relationships are
being negotiated with the National
Council of La Raza and the Congress
of National Black Churches, whose affiliate organizations are potential purchasers of NHDC’s properties.
Properties acquired by NHDC will
also be available for purchase by
qualified nonprofit affiliates of the
Neighborhood Reinvestment Corporation, Local Initiatives Support Corporation, the Enterprise Foundation,
National Association of Housing Partnerships, National Affordable Housing Preservation Associates and others. Finally, NHDC will also work
closely with the National Council of
State Housing Agencies (NCSHA) and
its members at the state level who can
assist in identifying potential at-risk
properties and may also provide property financing.

NHDC’S TARGET MARKETS

2. CAREFULLY REVIEW YOUR NONPROFIT

THE NEXT 10 YEARS

In addition to the large number of existing low-income rental housing units
which are immediately “at risk” of loss
as a result of market-rate conversion,
other preservation targets for NHDC
will include older subsidy-dependent
properties, conventional affordable
apartments owned by REITS, Low Income Housing Tax Credit properties
reaching lock-in expiration, and very
large-scale neighborhood revitalization
projects that are beyond the reach of
local nonprofit capacity.
Due to the location of the majority
of the expiring Section 8 properties,
NHDC has targeted the Mid-Atlantic
region, the Midwest and the West Coast
as areas of initial focus.

SPONSORS

The credibility and improving balance
sheet engendered by CCRC’s favorable
10-year affordable multifamily mortgage origination history allows CCRC
to pursue its mission in several related
areas.
One such area is a small loan acquisition/rehabilitation lending program
targeted to inner-city investors. In April
1999, CCRC introduced this program
in Los Angeles County with promising
results. To date, there have been six
loans approved of which three have
funded. We are looking to introduce
this program to other parts of the state
this year.
Another initiative is a tax-exempt
bond permanent loan program in partnership with some of our member
banks, the California Statewide Community Development Authority and
bond counsel Orrick, Herrington and
Sutcliffe, LLP. Its purpose is to increase
the feasibility of small ($1–$3 million)
multi-family housing bond issues thus
extending the benefits of tax-exempt
financing to smaller projects. This program became operational in January
2000.
Finally, CCRC’s board of directors has
approved the placement of a portion
of CCRC’s capital in direct opportunistic investments in affordable housing
projects. We expect to make the first
investment this year.
These are exciting, albeit challenging times given the extent of California’s
affordable housing shortage. The vision
of CCRC’s creators, and the commitment and wisdom of CCRC’s members
and board of directors in implementing that vision, has provided CCRC with
the confidence, skills and resources to
pursue today several programs that
appear just as risky as tax credit project
mortgages appeared 10 years ago.
However, we look forward to reporting similarly favorable results 10 years
from now. CI

NHDC’S ACQUISITION AND
FINANCING PLAN
NHDC will focus on properties which
can be underwritten, purchased and
preserved under a “renewed affordability” paradigm in which a combination of a reasonable acquisition price
and value added through financial and
operational restructuring, below-market financing, tax credits, local subsidies and nonprofit ownership can
achieve permanent affordability independent of future federal subsidies.
Now that the initial seed capital is
in place, NHDC staff is actively working to identify and purchase its first
at-risk portfolios. Timing is of the essence since the majority of the at-risk
Section 8 projects will face subsidy expiration in the next three years. If these
properties are lost to conventional
buyers and converted to market rate
housing, the cost of replacing this inventory will be prohibitive.
Opportunities exist for banks and
other financial institutions to invest
seed capital to support NHDC’s initial
activities in their market areas, as well
as acquisition and permanent financing for NHDC properties, eventually
assumable by the ultimate owner/manager, the local nonprofits.

Nonprofit borrowers are more difficult to analyze than for-profit borrowers because the analyst cannot count
on the profit motive to predict their
behavior. Nonprofits are more likely
to be highly dependent on a single
dedicated individual or grant source.
We know of several projects where
the real estate is performing well, yet
the project is in trouble because there
is no one left with interest in managing
the asset. Our experience has shown
that nonprofits whose primary mission
is providing affordable housing are better bets than those whose primary mission is providing other social services.

3. GET WHAT YOU NEED BEFORE LOAN
CLOSING
CCRC frequently creates innovative
loan structures to shore up loan applications that otherwise would not
meet its underwriting standards. These
structures often require third parties
with the experience or financial
strength the borrower lacks to maintain an involvement with the project.
Others may conditionally require the
borrower to take some action after the
loan closes. However, we have found
that many of these provisions are not
enforceable under California law absent a monetary default.
An example is the promised funding of replacement reserve accounts.
Replacement reserve accounts are essential protection from the rare borrower that, for whatever reason, milks
a property for cash flow by deferring
required maintenance. Replacement
reserve funding is the first thing cut
out when cash flow gets tight. Getting a borrower back on schedule after a several year hiatus is harder than
getting your kids to clean up their
bedrooms. CCRC holds a property’s
replacement reserve account and requires a deposit to the account with
each loan payment. Non-payment of
the required deposit is treated like a
loan payment delinquency.

ABOUT THE AUTHORS
MARY KAISER joined California Community Reinvestment Corporation (CCRC) as its president in
September 1995. She contributes a wealth of experience gained from over 20 years as a commercial banking executive. Prior to joining CCRC,
Ms. Kaiser spent eight years with the Bank of A.
Levy as an executive vice president and chief operating officer, overseeing the retail branch system, marketing, customer service and operations,
trade finance, trust, and corporate facilities. Prior
to the Bank of A. Levy, Ms. Kaiser held a variety
of management positions with First Interstate
Bank from 1976 through 1987.
She is a member of the executive committee
of the National Association of Affordable Housing Lenders, a member of the Low Income Housing Fund loan committee, serves as an advisor to
the Ventura County Community Foundation, a
trustee to the Ventura County Leadership Academy and the United Way. She holds a bachelor of
arts in psychology and a master’s degree in business administration.

GEORGE H. VINE established his consulting practice, Vine & Associates, in 1996 to provide financial restructuring and analysis services to affordable housing investors and lenders. He has worked
with CCRC since then providing real estate credit
and problem asset advisory services. Prior to
forming Vine & Associates, Mr. Vine was a commercial banker specializing in real estate credit
for 12 years, and he worked with local community development nonprofit corporations for four
years prior to that. Mr. Vine is a chartered financial analyst and has a master’s degree in urban
planning from UCLA.

Community Investments May 2000

21

A National Effort to Preserve Affordable Housing

THE FEDERAL RESERVE BANK OF SAN FRANCISCO
&
THE FEDERAL RESERVE BANK OF ST. LOUIS
IN PARTNERSHIP WITH

WASHINGTON UNIVERSITY IN ST. LOUIS
PRESENT THE

2000 NATIONAL COMMUNITY DEVELOPMENT LENDING SCHOOL
JULY 16–20, 2000
WASHINGTON UNIVERSITY
ST. LOUIS, MISSOURI

Join Us

I

FOR PROGRAM AND REGISTRATION INFORMATION

n spite of the robust American
economy, the need for affordable
housing continues to grow. Today, this nation provides affordable housing for only one-fourth
of those who need it. As a country,
we are not building enough affordable
housing to keep up with the huge demand. At the same time, the stock of
existing affordable rental housing is diminishing through neglect, deterioration and, most importantly, the pending expiration of federal subsidies.
Many experts have recognized this
problem, including the National Housing Conference1, which is calling for

Please contact Fred Mendez at (415) 974-2722 or check our website in late May at http://www.frbsf.org/frbsf/events/
index.html

1

for five days of intensive training on the key issues and current industry trends relevant to community development lending
in today’s business environment. Training in five core areas—single-family and multifamily housing, small business, commercial
real estate and community-based facilities lending—stresses the day-to-day mechanics of underwriting community development loans and ensuring their long-term profitability.
A redesigned and challenging curriculum has been developed by an advisory committee of community development bankers,
training professionals and representatives of bank regulatory agencies to focus on structuring and underwriting community
development loans. Each course is developed to ensure that students receive the most current, relevant, challenging and
applicable instruction available. In addition, students will have the opportunity to participate in evening roundtables and seminars that focus specifically on issues that have been raised during the day’s courses.

WATCH YOUR MAIL . . .
A brochure and registration application will arrive in May.

22

By Kathy Kenny and John Trauth

Community Investments May 2000

The National Housing Conference (NHC)
is a Washington, D.C.-based coalition of
nationally known affordable housing
and housing finance experts from the
public, private and nonprofit sectors.

the creation of a bold program to
maintain affordable housing production s0tock.
Beginning in the 1970s, the federal
government entered into contracts
with private owners to develop affordable housing projects in return for a
long term (25–30 year) commitment
from the government to provide
monthly rent subsidies for the tenants.
The “Section 8” program, administered
by the Department of Housing and
Urban Development (HUD) is the primary vehicle for these subsidy dollars. Throughout the nation, a large
percentage of these government rent
subsidy contracts are expiring without the expectation of renewal. The
U.S. department of agriculture’s “Section 515” program has also built affordable rental housing in rural areas.
And although these subsidies are not

expiring, some owners are interested
in selling their properties to local
nonprofits.
Over the next three years, the largest transfer of affordable real estate
assets in history will take place, exposing upwards of 800,000 affordable
units, now administered and subsidized by HUD, to market-rate conversion. The problem is particularly acute
in California where the largest number of properties is at risk. Unless a
large-scale intervention takes place,
these precious resources will be lost,
as owners divest and profit-driven investors move in.
The National Housing Development
Corporation (NHDC) has been created
to respond to this need. It is the first
national intermediary of this type to
emerge from the west coast, growing
out of an award-winning housing presCommunity Investments May 2000

3

Community Investments
EDITOR-IN-CHIEF
Joy Hoffmann Molloy

NOTEBOOK by Joy Hoffmann Molloy

MANAGING EDITOR
Lena Robinson

CONTRIBUTING EDITOR
Jack Richards

DESIGN & LAYOUT
Cynthia B. Blake
If you have an interesting community development
program or idea, we would like to consider publishing an article by or about you. Please contact:

MANAGING EDITOR
Community Investments
Federal Reserve Bank of San Francisco
101 Market Street, Mail Stop 620
San Francisco, California 94105

Community Affairs Department
www.frbsf.org
(415) 974-2978
fax: (415) 393-1920
Joy Hoffmann Molloy
Director
Public Information and Community Affairs
Joy.H.Molloy@sf.frb.org
Jack Richards
Community Affairs Manager
Jack.Richards@sf.frb.org
Bruce Ito
Community Investment Specialist
Bruce.Ito@sf.frb.org
H. Fred Mendez
Community Investment Advisor
Fred.Mendez@sf.frb.org
Craig Nolte
Community Investment Advisor
(Seattle Branch)
Craig.Nolte@sf.frb.org
John Olson
Community Investment Specialist
John.Olson@sf.frb.org
Adria Graham Scott
Community Investment Advisor
(Los Angeles Branch)
Adria.Graham-Scott@sf.frb.org
Lena Robinson
Community Investment Specialist
Lena.Robinson@sf.frb.org
Mary Malone
Protocol Coordinator
Mary.Malone@sf.frb.org
Judith Vaughn
Staff Assistant
Judith.A.Vaughn@sf.frb.org

2

Community Investments May 2000

S

WHERE IS THE SPIRIT OF CRA?
Since the 1977 enactment of the CRA, a legitimate and complex community development
industry has evolved. During this time CRA has been debated, lauded, threatened, strengthened
and some argue, watered down. Given the continued scrutiny and ever-present naysayers
many, including myself, often question where the spirit of CRA has gone.
When I find myself doubting or questioning the spirit, I need only talk to one of the many
friends and colleagues I have in this business to be reminded that the spirit lies in every one of
us individually, through our personal commitment to the work we do. I was fortunate to be
amongst many of these friends and colleagues (and make new acquaintances) at the recent
interagency Community Reinvestment Conference in San Francisco. Over the course of this
three-day conference, evidence of the spirit of CRA and the passion so many have for the
work was ubiquitous:
CRA Leadership Councils: At the Federal Reserve’s CRA Leadership Council orientation and
kick-off, close to 60 financial institution council members and 40 of their CEOs, board directors
and chairs joined together to recognize the importance of this new initiative designed to
encourage bank collaboration on local community and economic development challenges and
opportunities;
CRA Awards: Over 70 entries were submitted from across the country for consideration of
a CRA Award in the lending, investment, service and community development categories. Ten
winners and runners-up were recognized at the conference’s CRA Awards luncheon;
Conference participation: Despite the lure of San Francisco, the over 400 conference
attendees stayed for and actively participated in general and breakout sessions on funds
management, equity investments, and serving emerging markets responsibly, among many
others.
It is encouraging to know that the original intent of the CRA, to invest in local communities
regardless of location and income, continues to be embraced by many financial institutions
who see the social value and financial potential of investment in untapped markets. The result
of this outstanding commitment on the part of banks, both large and small, and communitybased organizations are visible in communities across the country. The spirit is alive among
the players of this phenomenal national movement. Now perhaps it is time for us to spread
the abundance of our spirit to financial players not covered by the CRA . . . but that’s a topic
for another time.

What’s Inside
NATIONAL HOUSING DEVELOPMENT CORPORATION ....................................................... 3

HELPING SMALL BUSINESSES GROW

2000 CRA AWARDS PUBLICATION

Small business provides more than half the new
jobs in California and represents tremendous
potential as mainstream bank customers. Partnership between banks and technical assistance
providers is critical to expanding access to training and credit for small businesses. This brief
report provides an overview of the various
products and services offered by technical assistance organizations and evaluates their value
added to the process of creating, managing
and financing small businesses. It is a practical
reference that bankers can use in working with
technical assistance providers to help ensure
the viability and sustainability of small business.
Copies are available from Community Affairs
at the Federal Reserve Bank of San Francisco
by calling Judith Vaughn at 415/974-2978.

Winners of the Federal Home Loan Bank of San
Francisco/Federal Reserve Bank of San Francisco 2000 CRA Awards program were announced at the 2000 Community Reinvestment Conference held in San Francisco, April
17–19. Over 70 submissions highlighting best
practices and innovative products were received in four categories: lending, investment,
service, and community development. The winners in each category, along with all the qualified submissions, have been published in the
2000 CRA Awards publication. This is a valuable resource for everyone working in community development.
The full text publication is available at http:/
/www.frbsf.org/candca/conspubs/
2000CRAwards/index.html. To obtain a hard
copy contact Judith Vaughn at 415/974-2978.

ARIZONA NATIVE AMERICAN CDC
(ANACDC)

COMMUNITY AND ECONOMIC
DEVELOPMENT CONFERENCE 2000

THE STATE OF HOUSING IN
ARIZONA 2000

ANACDC is a multi-bank CDC created to provide credit and technical services to qualified
businesses and individuals situated on reservations in Arizona. The multi-bank arrangement
allows banks to increase lending and investment
opportunities to Native Americans while sharing risks with other lenders. ANACDC is the first
of several state CDCs operated by Emergence,
the American Indian Credit Association.
For further information, contact Charley
Wagner, executive director, at 406/338-2960.

Seizing opportunities in a changing financial
landscape is the theme of this year’s conference sponsored by the Federal Reserve Banks
of Chicago and St. Louis and the American
Bankers Association. Topics of timely importance will explore the impact of financial modernization, using risk-based pricing and economic development strategies. Save the dates
of October 30–November 1, 2000.
For further information, please contact Barbara Sims-Shoulders at 312/ 322-8232 or
Barbara.E.Shoulders@chi.frb.org.

This timely resource provides housing data
including information on market trends,
analysis of barriers to housing affordability
and policy recommendations. Published by
the Arizona Housing Commission, this extensive report is based on interviews with housing representatives from agencies,
nonprofits, reservations and the private
sector throughout the state. Contact Patsy
Martinez at 602/280-1365 to obtain a copy
or online at www.azcommerce.com/
housingcommission.htm. The commission
director, Dan Miller, may be reached at
602/280-1455.

MORTGAGE CREDIT PARTNERSHIP
(MCP) RESOURCE GUIDE
Are there barriers to mortgage lending based
on race? A new resource guide published by
the Federal Reserve Bank of St. Louis not only
addresses this question, but also offers specific recommendations for eliminating barriers
and increasing homeownership opportunities.
This comprehensive guide is the collaborative
effort of professionals from various industries
involved in the mortgage process and is written to advance discussion of this issue in markets across the country through similar MCP
projects. The guide is available online in PDF
format at http://www.stls.frb.org/
caffairs/publications.html or by calling Diana
Zahner at 314/444-8891. Reports highlighting
local MCP projects are also available respectively from the Community Affairs departments of the Boston, Chicago, Cleveland, New
York and San Francisco Feds.

EQUITY CAPITAL CREATES RURAL JOBS ........................................................................ 8
CRA LEADERSHIP COUNCIL MEMBERS ........................................................................ 12
SOVEREIGN LENDING ....................................................................................................... 15
AFFORDABLE MULTIFAMILY MORTGAGE RISK ............................................................... 18

Community Investments May 2000

23

A

PUBLICATION

OF

THE

COMMUNITY

AFFAIRS

UNIT

OF

THE

FEDERAL RESERVE

BANK

OF

SAN FRANCISCO

COMMUNITY INVESTMENTS ARCHIVES
Would you like to read more about the topics covered in this edition? Copies of past articles from Community Investments are
available on our website at www.frbsf.org/ or by request from Judith Vaughn at 415/974-2978

REVOLVING LOAN FUNDS
Counting on Local Capital: Evolution of the Revolving Loan Fund Industry (Volume 11, Winter 99)
Cascadia Revolving Loan Fund (Volume 6, Summer 94)
The Spokane Area Small Business Loan Program (Volume 5, Fall 93)

SOVEREIGN LENDING
New Direction in Native American Housing . . .The Program for the Future (Volume 9, Summer 97)
Indian Home Loan Guarantee Program: Home Ownership Opportunities for Native Americans (Volume 7, Spring 95)

AFFORDABLE HOUSING PRESERVATION

VOLUME TWELVE

Minimizing Risk and Maximizing Profit in Affordable Housing Deals (Volume 7, Fall 95)
The Affordable Housing Specialist: Capitalizing on the Fastest Growing Market Segment in our Nation (Volume 7, Summer 95)
Appraised Market Value Clarified for Affordable Housing Loans Interagency Policy Statement issued March 10, 1995
(Volume 7, Spring 95)

A New and Creative Approach to Channeling Mortgage Funds into Specific Communities (Volume 5, Fall 93)

NUMBER 1

NATIONAL HOUSING
DEVELOPMENT CORPORATION
Creating and maintaining affordable housing
remains one of the greatest challenges facing community development professionals. Learn about
the efforts of a new nonprofit focused on preserving affordable housing.

EQUITY CAPITAL CREATES RURAL JOBS
Free subscriptions and additional copies are available upon request from the Community Affairs Unit, Federal Reserve Bank of San Francisco,
101 Market Street, San Francisco, California 94105, or call (415) 974-2978.
Change-of-address and subscription cancellations should be sent directly to the Community Affairs Unit. Please include the current mailing label as well as any new
information.
The views expressed are not necessarily those of the Federal Reserve Bank of San Francisco or the Federal Reserve System. Material herein may be reprinted or
abstracted as long as Community Investments is credited. Please provide the managing editor with a copy of any publication in which such material is reprinted.

Read about one intermediary’s approach to providing rural businesses with unsecured risk capital and how it compares to other equity and venture capital instruments.

CRA LEADERSHIP COUNCIL MEMBERS
Local councils established by the Federal Reserve
Bank of San Francisco. Review a list of the
2000–1 Leadership Council members for your
state.

FIRST CLASS MAIL
U.S. POSTAGE
PAID
PERMIT NO. 752
San Francisco, CA

FEDERAL RESERVE BANK OF SAN FRANCISCO
101 Market Street
San Francisco, CA 94105
Address Service Requested

ATTENTION:
Chief Executive Officer
Compliance Officer
CRA Officer
Community Development Department

Community Investments May 2000

SOVEREIGN LENDING
A discussion of lessons learned by the Fed’s sovereign lending task forces and how they are fostering increased housing and lending opportunities on Native American reservations.

AFFORDABLE MULTIFAMILY MORTGAGE
RISK—ONE LENDING CONSORTIUM’S
10-YEAR HISTORY
A look at CCRC’s exceptional 10-year record of
financing 7,500 affordable housing units. What
they have learned, where they go from here and
what you can learn.

M A Y ’00

Community Investments May 2000