reglab/housing_qa huggingface dataset:
ID Code § 67-8103 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8103 - USE OF FUNDS FOR LOANS AND GRANT PROJECTS TO PROVIDE HOUSING — ELIGIBLE ACTIVITIES.

67-8103. USE OF FUNDS FOR LOANS AND GRANT PROJECTS TO PROVIDE HOUSING — ELIGIBLE ACTIVITIES. (1) The association shall use at least seventy-five percent (75%) of funds from the housing trust fund to assist very low-income households. (2) Activities eligible for assistance include, but are not limited to: (a) New construction, rehabilitation, or acquisition of housing units for occupancy by low-income and very low-income households; (b) Rent subsidies in new construction or rehabilitated multifamily units for low-income and very low-income households; (c) Matching funds for social services directly related to providing housing for special-need tenants in assisted projects for low-income and very low-income households; (d) Technical assistance, design and finance services and consultation and administrative costs for eligible nonprofit community or neighborhood-based organizations; (e) Administrative costs for housing assistance groups or organizations which provide housing when such grant or loan will substantially increase the recipient’s access to housing funds other than those available under this chapter; (f) Shelters and related services for the homeless; (g) Mortgage subsidies for new construction or rehabilitation of eligible multifamily units for low-income and very low-income households; (h) Mortgage insurance or guarantees for eligible projects for low-income and very low-income households; (i) Acquisition of housing units for the purpose of preservation as housing for low-income and very low-income households; and (j) The association may use money from the housing trust fund account to match federal, local, or private money, including without limitation the home program funds, to be used for projects authorized under this chapter. (3) The association may use money from the [the] housing trust fund account to pay reasonable expenses incurred in connection with the provisions of this chapter.  History: [67-8103, added 1992, ch. 267, sec. 1, p. 826; am. 1996, ch. 253, sec. 34, p. 832.]
ID Code § 67-8104 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8104 - ELIGIBLE ORGANIZATION.

67-8104. ELIGIBLE ORGANIZATION. Organizations that may receive assistance from the association under the provisions of this chapter are local governments, local housing authorities, nonprofit community or neighborhood-based organizations, and regional or statewide nonprofit housing assistance or advocacy organizations, and for-profit housing developers.  History: [67-8104, added 1992, ch. 267, sec. 1, p. 826; am. 1996, ch. 253, sec. 35, p. 833.]
ID Code § 67-8105 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8105 - NOTICE OF GRANT AND LOAN APPLICATION PERIOD — PRIORITIES — CRITERIA FOR EVALUATION.

67-8105. NOTICE OF GRANT AND LOAN APPLICATION PERIOD — PRIORITIES — CRITERIA FOR EVALUATION. (1) During each calendar year in which funds are available for use by the association from the housing trust fund, the association shall announce to all known interested parties and through major media in each of the seven (7) planning regions of the state, the grant and loan application period specified in the current allocation plan of the advisory commission in the manner specified in the allocation plan. (2) The association shall give preference for applications based on the following criteria or other criteria: (a) The degree funds will be used to match other funds; (b) Recipient contributions to total project costs and contributions from other sources such as professional, craft and trade services, as well as lender interest rate subsidies; (c) Local government project contributions in the form of infrastructure improvements, fee waivers and others; (d) Projects that encourage ownership, management, and other project-related responsibility opportunities for tenants; (e) Projects that demonstrate a strong probability of serving the original target group or income level for a period of at least forty (40) years; (f) The demonstrated ability, stability and resources to implement the project; (g) Projects which demonstrate serving the greatest need; (h) Projects that provide housing for persons and families with the lowest incomes; and (i) Projects to be owned by nonprofit organizations.  History: [67-8105, added 1992, ch. 267, sec. 1, p. 826; am. 1996, ch. 253, sec. 36, p. 833.]
ID Code § 67-8106 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8106 - ADVISORY COMMISSION.

67-8106. ADVISORY COMMISSION. There is hereby created the Idaho housing trust fund advisory commission. The advisory commission shall consist of seven (7) members, appointed by the governor. At least two (2) members shall be representatives of advocacy organizations or community-based organizations engaged in the development or operation of housing for low-income and very low-income households. Two (2) of the members shall represent the real estate brokers, one (1) member from the Idaho association of realtors, and one (1) member from the Idaho real estate commission. One (1) member shall represent the association; one (1) member shall represent the Idaho department of commerce; and one (1) member shall represent the Idaho department of health and welfare. The advisory commission shall, if possible, have at least one (1) member from each of the seven (7) planning regions of the state. Members appointed to the commission shall serve a term of two (2) years. However, four (4) members first appointed under the provisions of this chapter shall serve a term of one (1) year, and three (3) members shall serve a term of two (2) years. Individual terms shall be chosen by lot at the initial meeting of the advisory commission. Members of the advisory commission shall not be entitled to compensation, but shall receive reimbursement for actual and reasonable expenses incurred in the performance of their duties. The advisory commission shall meet at least annually and its duties and responsibilities are: (1) To review and approve annually an allocation plan and a proposed budget therefor submitted by the association setting forth priorities, policies and procedures for the year’s expenditure of housing trust fund moneys, including policies which assure equitable distribution of funds statewide; (2) Prior to approving the allocation plan, to publish notice of the proposed plan, requesting written comments thereon and holding one (1) or more public hearings thereon to solicit public comment; (3) To monitor and review all allocations of funds under the housing trust fund; (4) To make recommendations to the legislature for further legislation that may be necessary in the area of affordable housing.  History: [67-8106, added 1992, ch. 267, sec. 1, p. 827; am. 1996, ch. 253, sec. 37, p. 833.]
ID Code § 67-8107 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8107 - ASSOCIATION TO IMPLEMENT THE ALLOCATION PLAN.

67-8107. ASSOCIATION TO IMPLEMENT THE ALLOCATION PLAN. The association shall implement the procedures and policies as set forth in the allocation plan and may use its discretion in interpreting the allocation plan. The association shall not be required to implement an allocation plan of the advisory commission which it deems to be too costly to administer or which the association deems not consistent with its legislative mandate under the provisions of chapter 62, title 67, Idaho Code.  History: [67-8107, added 1992, ch. 267, sec. 1, p. 828; am. 1996, ch. 253, sec. 38, p. 834.]
ID Code § 67-8108 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8108 - PRECONSTRUCTION TECHNICAL ASSISTANCE.

67-8108. PRECONSTRUCTION TECHNICAL ASSISTANCE. (1) The association may use moneys from the housing trust fund to provide preconstruction technical assistance to eligible recipients seeking to construct, rehabilitate, or finance housing-related services for the low-income and very low-income persons. In so doing, the association shall emphasize providing preconstruction technical assistance services to rural areas and small cities and towns. The association may contract with nonprofit organizations to provide this technical assistance. The association may contract for any of the following services: (a) Financial planning and packaging for housing projects, including alternative ownership programs, such as limited equity partnerships and syndications; (b) Project design, architectural planning and siting; (c) Compliance with planning requirements; (d) Securing matching resources for project developments; (e) Maximizing local government contributions to project development in the form of land donations, infrastructure improvements, waivers of development fees, locally and state-managed funds, zoning variances, or creative local planning; (f) Coordination with local planning, economic development, and environmental, social service and recreational activities; (g) Construction and materials management; and (h) Project maintenance and management. (2) The association may publish requests for proposals which specify contract performance standards, award criteria and contractor requirements. In evaluating proposals, the association shall consider the ability of the contractor to provide technical assistance to low-income and very low-income persons and to persons with special housing needs.  History: [67-8108, added 1992, ch. 267, sec. 1, p. 828; am. 1996, ch. 253, sec. 39, p. 834.]
ID Code § 67-8109 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 81 - IDAHO HOUSING TRUST FUND|Section 67-8109 - COMPLIANCE MONITORING.

67-8109. COMPLIANCE MONITORING. The director shall monitor the activities of recipients of grants and loans under the provisions of this chapter to determine compliance with the terms and conditions set forth in its application or stated by the association in connection with the grant or loan.  History: [67-8109, added 1992, ch. 267, sec. 1, p. 828; am. 1996, ch. 253, sec. 40, p. 835.]
ID Code § 67-8201 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8201 - SHORT TITLE.

67-8201. SHORT TITLE. This chapter shall be known and may be cited as the "Idaho Development Impact Fee Act."  History: [67-8201, added 1992, ch. 282, sec. 1, p. 861.]
ID Code § 67-8202 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8202 - PURPOSE.

67-8202. PURPOSE. The legislature finds that an equitable program for planning and financing public facilities needed to serve new growth and development is necessary in order to promote and accommodate orderly growth and development and to protect the public health, safety and general welfare of the citizens of the state of Idaho. It is the intent by enactment of this chapter to: (1) Ensure that adequate public facilities are available to serve new growth and development; (2) Promote orderly growth and development by establishing uniform standards by which local governments may require that those who benefit from new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development; (3) Establish minimum standards for the adoption of development impact fee ordinances by governmental entities; (4) Ensure that those who benefit from new growth and development are required to pay no more than their proportionate share of the cost of public facilities needed to serve new growth and development and to prevent duplicate and ad hoc development requirements; and (5) Empower governmental entities which are authorized to adopt ordinances to impose development impact fees.  History: [67-8202, added 1992, ch. 282, sec. 1, p. 861.]
ID Code § 67-8204A (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8204A - INTERGOVERNMENTAL AGREEMENTS.

67-8204A. INTERGOVERNMENTAL AGREEMENTS. Governmental entities as defined in section 67-8203(14), Idaho Code, that are jointly affected by development are authorized to enter into intergovernmental agreements with each other or with highway districts, fire districts, ambulance districts, water districts, sewer districts, recreational water and sewer districts, or irrigation districts for the purpose of developing joint plans for capital improvements or for the purpose of agreeing to collect and expend development impact fees for system improvements, or both, provided that such agreement complies with any applicable state laws. Governmental entities are also authorized to enter into agreements with the Idaho transportation department for the expenditure of development impact fees pursuant to a developer’s agreement under section 67-8214, Idaho Code.  History: [67-8204A, added 1996, ch. 366, sec. 3, p. 1232; am. 2007, ch. 167, sec. 1, p. 496; am. 2021, ch. 95, sec. 1, p. 325.]
ID Code § 67-8207 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8207 - PROPORTIONATE SHARE DETERMINATION.

67-8207. PROPORTIONATE SHARE DETERMINATION. (1) All development impact fees shall be based on a reasonable and fair formula or method under which the development impact fee imposed does not exceed a proportionate share of the costs incurred or to be incurred by the governmental entity in the provision of system improvements to serve the new development. The proportionate share is the cost attributable to the new development after the governmental entity considers the following: (i) any appropriate credit, offset or contribution of money, dedication of land, or construction of system improvements; (ii) payments reasonably anticipated to be made by or as a result of a new development in the form of user fees and debt service payments; (iii) that portion of general tax and other revenues allocated by the jurisdiction to system improvements; and (iv) all other available sources of funding such system improvements. (2) In determining the proportionate share of the cost of system improvements to be paid by the developer, the following factors shall be considered by the governmental entity imposing the development impact fee and accounted for in the calculation of the impact fee: (a) The cost of existing system improvements within the service area or areas; (b) The means by which existing system improvements have been financed; (c) The extent to which the new development will contribute to the cost of system improvements through taxation, assessment, or developer or landowner contributions, or has previously contributed to the cost of system improvements through developer or landowner contributions. (d) The extent to which the new development is required to contribute to the cost of existing system improvements in the future. (e) The extent to which the new development should be credited for providing system improvements, without charge to other properties within the service area or areas; (f) Extraordinary costs, if any, incurred in serving the new development; (g) The time and price differential inherent in a fair comparison of fees paid at different times; and (h) The availability of other sources of funding system improvements including, but not limited to, user charges, general tax levies, intergovernmental transfers, and special taxation. The governmental entity shall develop a plan for alternative sources of revenue.  History: [67-8207, added 1992, ch. 282, sec. 1, p. 869; am. 1996, ch. 366, sec. 4, p. 1233; am. 2002, ch. 347, sec. 3, p. 989.]
ID Code § 67-8209 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8209 - CREDITS.

67-8209. CREDITS. (1) In the calculation of development impact fees for a particular project, credit or reimbursement shall be given for the present value of any construction of system improvements or contribution or dedication of land or money required by a governmental entity from a developer for system improvements of the category for which the development impact fee is being collected, including such system improvements paid for pursuant to a local improvement district. Credit or reimbursement shall not be given for project improvement. (2) In the calculation of development impact fees for a particular project, credit shall be given for the present value of all tax and user fee revenue generated by the developer, within the service area where the impact fee is being assessed and used by the governmental agency for system improvements of the category for which the development impact fee is being collected. If the amount of credit exceeds the proportionate share for the particular project, the developer shall receive a credit on future impact fees for the amount in excess of the proportionate share. The credit may be applied by the developer as an offset against future impact fees only in the service area where the credit was generated. (3) If a developer is required to construct, fund or contribute system improvements in excess of the development project’s proportionate share of system improvement costs, including such system improvements paid for pursuant to a local improvement district, the developer shall receive a credit on future impact fees or be reimbursed at the developer’s choice for such excess construction, funding or contribution from development impact fees paid by future development which impacts the system improvements constructed, funded or contributed by the developer(s) or fee payer. (4) If credit or reimbursement is due to the developer pursuant to this section, the governmental entity shall enter into a written agreement with the fee payer, negotiated in good faith, prior to the construction, funding or contribution. The agreement shall provide for the amount of credit or the amount, time and form of reimbursement.  History: [67-8209, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 6, p. 1235; am. 1999, ch. 291, sec. 10, p. 730; am. 2002, ch. 347, sec. 5, p. 991.]
ID Code § 67-8210 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8210 - EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES.

67-8210. EARMARKING AND EXPENDITURE OF COLLECTED DEVELOPMENT IMPACT FEES. (1) An ordinance imposing development impact fees shall provide that all development impact fee funds shall be maintained in one (1) or more interest-bearing accounts within the capital projects fund. Accounting records shall be maintained for each category of system improvements and the service area in which the fees are collected. Interest earned on development impact fees shall be considered funds of the account on which it is earned, and not funds subject to section 57-127, Idaho Code, and shall be subject to all restrictions placed on the use of development impact fees under the provisions of this chapter. (2) Expenditures of development impact fees shall be made only for the category of system improvements and within or for the benefit of the service area for which the development impact fee was imposed as shown by the capital improvements plan and as authorized in this chapter. Development impact fees shall not be used for any purpose other than system improvement costs to create additional improvements to serve new growth. (3) As part of its annual audit process, a governmental entity shall prepare an annual report: (a) Describing the amount of all development impact fees collected, appropriated, or spent during the preceding year by category of public facility and service area; and (b) Describing the percentage of tax and revenues other than impact fees collected, appropriated or spent for system improvements during the preceding year by category of public facility and service area. (4) Collected development impact fees must be expended within eight (8) years from the date they were collected, on a first-in, first-out (FIFO) basis, except that the development impact fees collected for wastewater collection, treatment and disposal and drainage facilities must be expended within twenty (20) years. Any funds not expended within the prescribed times shall be refunded pursuant to section 67-8211, Idaho Code. A governmental entity may hold the fees for longer than eight (8) years if it identifies, in writing: (a) A reasonable cause why the fees should be held longer than eight (8) years; and (b) An anticipated date by which the fees will be expended but in no event greater than eleven (11) years from the date they were collected.  History: [67-8210, added 1992, ch. 282, sec. 1, p. 871; am. 1996, ch. 366, sec. 7, p. 1236; am. 2002, ch. 347, sec. 6, p. 992; am. 2006, ch. 321, sec. 2, p. 1020.]
ID Code § 67-8211 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8211 - REFUNDS.

67-8211. REFUNDS. (1) Any governmental entity which adopts a development impact fee ordinance shall provide for refunds upon the request of an owner of property on which a development impact fee has been paid if: (a) Service is available but never provided; (b) A building permit or permit for installation of a manufactured home is denied or abandoned; (c) The governmental entity, after collecting the fee when service is not available, has failed to appropriate and expend the collected development impact fees pursuant to section 67-8210(4), Idaho Code; or (d) The fee payer pays a fee under protest and a subsequent review of the fee paid or the completion of an individual assessment determines that the fee paid exceeded the proportionate share to which the governmental entity was entitled to receive. (2) When the right to a refund exists, the governmental entity is required to send a refund to the owner of record within ninety (90) days after it is determined by the governmental entity that a refund is due. (3) A refund shall include a refund of interest at one-half (1/2) the legal rate provided for in section 28-22-104, Idaho Code, from the date on which the fee was originally paid. (4) Any person entitled to a refund shall have standing to sue for a refund under the provisions of this chapter if there has not been a timely payment of a refund pursuant to subsection (2) of this section.  History: [67-8211, added 1992, ch. 282, sec. 1, p. 872; am. 2002, ch. 347, sec. 7, p. 993.]
ID Code § 67-8212 (2021)
2021 Idaho Code|Title 67 - STATE GOVERNMENT AND STATE AFFAIRS|Chapter 82 - DEVELOPMENT IMPACT FEES|Section 67-8212 - APPEALS.

67-8212. APPEALS. (1) A governmental entity which adopts a development impact fee ordinance shall provide for administrative appeals by the developer or fee payer from any discretionary action or inaction by or on behalf of the governmental entity. (2) A fee payer may pay a development impact fee under protest in order to obtain a development approval or building permit. A fee payer making such payment shall not be estopped from exercising the right of appeal provided in this chapter, nor shall such fee payer be estopped from receiving a refund of any amount deemed to have been illegally collected. (3) A governmental entity which adopts a development impact fee ordinance shall provide for mediation by a qualified independent party, upon voluntary agreement by the fee payer and the governmental entity, to address a disagreement related to the impact fee for proposed development. The ordinance shall provide that mediation may take place at any time during the appeals process and participation in mediation does not preclude the fee payer from pursuing other remedies provided for in this section. The ordinance shall provide that mediation costs will be shared equally by the fee payer and the governmental entity.  History: [67-8212, added 1992, ch. 282, sec. 1, p. 872; am. 1996, ch. 366, sec. 8, p. 1236.]