Florida Administrative Code › 67 - FLORIDA HOUSING FINANCE CORPORATION › 67 - Departmental › Chapter 67-21 - NON-COMPETITIVE AFFORDABLE MULTIFAMILY RENTAL HOUSING PROGRAMS (MMRB/HC) › Part III - HOUSING CREDIT PROGRAM › Section 67-21.027 - HC General Program Procedures and Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each Housing Credit Development shall
				  comply with the minimum Housing Credit Set-Aside provisions, as specified in
				  Section 42(g)(1) of the
				  IRC. Further, each Housing Credit Development shall comply with any additional
				  Housing Credit Set-Aside chosen by the Applicant in the Application.
(2) The Development shall provide safe,
				  sanitary and decent residential rental housing and shall be developed,
				  constructed and operated in accordance with the commitments made and the
				  facilities and services described in the Application at the time of submission
				  to the Corporation. Applications will not be considered approved to receive an
				  allocation of Housing Credits until the Corporation issues a Preliminary
				  Determination to the Applicant and all contingencies of such documents are
				  satisfied. Allocations are further contingent on the Applicant complying with
				  its Application commitments, this rule chapter, and Section
				  42 of the IRC.
(3) All of the dwelling units within a
				  Housing Credit Development shall be rented or available for rent on a
				  continuous basis to members of the general public. The owner of the Housing
				  Credit Development shall not give preference to any particular class or group
				  in renting the dwelling units in the Housing Credit Development, except to the
				  extent that dwelling units are required to be rented to Eligible Persons. All
				  Housing Credit Developments must comply with the Fair Housing Act as
				  implemented by 24 CFR Part 100, Section 504 of the Rehabilitation Act of 1973
				  as implemented by 24 CFR Part 8 ("Section 504 and its related regulations"),
				  and Titles II and III of the Americans with Disabilities Act of 1990 as
				  implemented by 28 CFR Part 35 . To the extent that a Housing Credit Development
				  is not otherwise subject to Section 504 and its related regulations, the
				  Housing Credit Development shall nevertheless comply with Section 504 and its
				  related regulations as requirements of the Housing Credit Program to the same
				  extent as if the Housing Credit Development were subject to Section 504 and its
				  related regulations in all respects. To that end, for purposes of the Housing
				  Credit Program, a Housing Credit Allocation shall be deemed "Federal financial
				  assistance" within the meaning of that term as used in Section 504 and its
				  related regulations for all Housing Credit Developments.
(4) Each Housing Credit Development shall
				  complete the Final Cost Certification Application Package by the earlier of the
				  following two dates:
(a) The date that is 90
				  Calendar Days after all the buildings in the Development have been placed in
				  service, or
(b) The date that is 30
				  Calendar Days before the end of the calendar year for which the Final Housing
				  Credit Allocation is requested.
The Corporation may grant extensions for good cause upon
					 written request.