Arkansas Administrative Code › Agency 109 - Arkansas Development Finance Authority › Division 04 - Multi-Family Housing › Rule 109.04.12-004 - 2013 Qualified Allocation Plan (QAP) and Minimum Design Standards

Current through Register Vol. 49, No. 6, June, 2024
I.
DEVELOPMENT OF THE PLAN.
The Arkansas Development Finance Authority ("ADFA" or the
				"Authority") is charged with the responsibility of administering federal
				low-income housing tax credits ("Housing Credits") for the State of Arkansas
				(the "State"). ADFA is also charged with the responsibility of promulgating
				rules and regulations concerning the allocation of the Arkansas low-income
				housing tax credit (the "State Housing Credits") pursuant to Ark. Code Ann.
				§
									26-51-1701 et seq. The Tax Reform
				Act of 1986 created the Housing Credit to encourage the private sector to
				invest in the construction and rehabilitation of rental housing for low and
				moderate-income individuals and families. Section 42 of the Internal Revenue
				Code of 1986, as amended ("IRC" or the "Code"), mandates that housing credit
				agencies adopt a Qualified Allocation Plan ("QAP") for allocation of the
				Housing Credit to low-income rental developments throughout their respective
				states. Low-income housing tax credits shall be allocated in accordance with
				this plan and any amendments thereto.
II.
LIMITS ON ALLOCATION
			 OF CREDITS
.
The Code requires that ADFA determine "the [Housing Credit]
				dollar amount allocated to the development will not exceed the amount the
				housing credit agency determines is necessary for the financial feasibility of
				the development and its viability as a qualified low-income housing development
				throughout the credit period." Housing Credits will be limited to the amount
				the Authority, in its sole discretion, deems necessary. Housing Credits are not
				intended to provide the primary or principal source of financing for a
				development, but are intended to provide financial incentives sufficient to
				fill "gaps" which would otherwise exist in developing affordable rental housing
				for low-income households.
III.
HOUSING CREDIT
			 ALLOCATION STANDARDS
.
A.
AMOUNT
The base amount of annual credit authority is currently
				calculated at $2.20 per capita. This per capita amount is based upon population
				estimates released each year by the Internal Revenue Service.
The maximum amount of Housing Credits that may be reserved for
				allocation to one individual development shall be no more than
$600,000
of the annual Housing Credits available in the calendar year.
HOWEVER
,
the maximum amount of Housing
				Credits that may be reserved for allocation to one individual development:
1) that is located in a Designated
			 Low-Income County as defined in the currently applicable State Consolidated
			 Plan;
2) whose structure(s) are
			 individually listed in the National Register of Historic Places or have been
			 determined to contribute to a Registered Historic District;
3) that is a qualified Assisted Living
			 development; or
4) a development
			 with a commitment letter from USDA Rural Development, shall be no more than
$625,000
of the annual Housing Credits available in the calendar
			 year.
Pursuant to Section 42(d)(5)(B)(v) of the IRC, the Authority
				designates that the eligible basis of any qualified low-income new building
				will be increased by thirty (30%) if:
1. it is a building within a qualified
			 Assisted Living development;
2. it
			 is located in any low-income county designated in the currently applicable
			 State Consolidated Plan (currently: Bradley, Chicot, Crittenden, Desha, Fulton,
			 Jackson, Lafayette, Lee, Monroe, Newton, Phillips, Polk, St. Francis, Sharp,
			 Stone, and Woodruff);
3. it is
			 located in a county in which a tax credit award has not been made in the past
			 three (3) years, which include the counties of Ashley, Boone, Calhoun, Carroll,
			 Clay, Cleburne, Cleveland, Columbia, Conway, Cross, Dallas, Drew, Franklin,
			 Fulton, Grant, Greene, Hempstead, Hot Spring, Howard, Independence, Jackson,
			 Lafayette, Lawrence, Lincoln, Little River, Lonoke, Madison, Marion,
			 Montgomery, Nevada, Perry, Pike, Poinsett, Polk, Prairie, Scott, Searcy,
			 Sevier, Union, Van Buren, White, Woodruff, Yell; or
4. it is funded in part by Rural
			 Development.