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Menu Item
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Credit
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Towards Settlement Minimum
B. Grants to municipalities or
their housing or finance
agencies to support housing
quality improvement and
enforcement programs
$1.00 grant = $2.00 credit
115% early incentive credit
minimum = $110 million
3. Affordable Rental Housing
Financing and/or grants to
municipalities or counties
(including housing or finance
agencies) to fund Critical Need
Housing Developments
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and/or
support services or programs for
such developments
$1.00 Loss
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/grant = $3.75 credit
115% early incentive credit
minimum = $165 million
Reporting Requirements, Liquidated Damages, Credit Minimums, and Tax Consequences
RBS shall endeavor to satisfy the consumer relief obligations set forth in this Appendix B by December 31, 2018,
but shall have until December 31, 2019 to complete all consumer relief obligations set forth in this Appendix B. An
independent Monitor acceptable to the parties and paid for by RBS shall be appointed to publicly: 1) report progress
towards completion of consumer relief, including reporting on overall progress on a quarterly basis commencing no
later than 180 days after the date of this Agreement; 2) report on credits earned as promptly as practicable after the
Monitor has confirmed the methodology for validation of credits under this Menu; and 3) ultimately determine and
certify RBS’s compliance with the terms of this Appendix B. If the Monitor determines that a shortfall in any
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“Critical Need Housing Developments” is defined as new or existing multifamily affordable rental housing developments
that have been selected by a municipality, county or the state, or any of their housing or finance agencies and are subject to a
regulatory agreement comparable to LIHTC affordability restrictions that meet one of the following criteria: (i) developed
through LIHTC or are equivalent to multifamily affordable rental housing developed through LIHTC; (ii) rehabilitation of
existing multifamily properties between 4 and 49 units that are currently unoccupied or in need of rehabilitation to meet state
building codes – such properties would be financed with subsidy only, without LIHTC, and be subject to an affordable regulatory
agreement for families at or below 60% of the area median income for that area; (iii) provide multifamily affordable rental
housing for senior citizens; (iv) provide multifamily affordable rental housing located near public transit hubs; or (v) provide
multifamily affordable rental housing located near (or that otherwise provides access to) health care professionals. RBS will
have the ability to choose and underwrite the projects financed pursuant to this menu item. If RBS elects to do so, it may use one
or more non-profits to evaluate potential projects and to generate and administer financing or grants to municipalities or counties
pursuant to this menu item. RBS may rely on the determination of the relevant units of local government or other eligible
entities, including any non-profit organization used by RBS to administer financing or grants under this Menu Item, that Critical
Need Housing Developments meet these eligibility criteria. A cumulative 115% credit will be provided for projects located in
municipalities or counties where RBS has not funded a Critical Need Housing Development during the past four years.
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For loans or investments, “Loss” is measured by the net settlement amount, and is equal to the difference between par value
(i.e., the amount paid by RBS) and the fair value (i.e., market value) on the origination date of the loan or investment made to
facilitate the construction, rehabilitation or preservation of multifamily affordable rental housing, less administrative fees.
Origination date is defined as the date of the closing of the loan or investment at par value and disbursement by RBS to fund the
Loss. Credit will only be given up to $100,000 of Loss per affordable housing unit. Origination date is also the determinative
date for determining whether the Loss is eligible for the early incentive credit. If RBS’s Loss is substantially reversed due to
circumstances such as cancellation of the project during the term of this Appendix B, RBS’s credit shall be calculated on the
actual Loss incurred. The Loss will be validated by the non-profit tax credit syndicator. For grants of assets to fund
developments or support services, the value of the grant will be measured based on the fair value of the asset at the time of the
grant. The financing provided under this section will be in a form (e.g., as a grant or a forgivable loan) acceptable to the
municipality or county receiving the financing.