reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.13 - Fraudulent Practices Relating to the Aftercare Rent Subsidy Program

Current through Register Vol. 47, No. 3, July 24, 2024
If a youth, self-sufficiency advocate, or organization
				knowingly makes or causes to be made a false statement or representation or
				knowingly fails to report to the authority any change in circumstances
				affecting the youth's or organization's eligibility for financial assistance
				under this chapter, the authority may require repayment of the amount that was
				paid to or on behalf of the youth or organization while the youth or
				organization was ineligible, as a condition of continued participation in the
				program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 22 - Iowa Aftercare Services Rent Subsidy Program › Rule 265-22.14 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An applicant
			 whose application has been timely filed may appeal the authority's decision by
			 filing a written notice of appeal within 14 days of the decision before the
			 Iowa finance authority at the address set forth in rule
			 265-1.3 (16). The notice of
			 appeal must actually be received at that address within the time frame
			 specified in order to be considered timely.
(2) The notice of appeal shall state the
			 grounds upon which the applicant challenges the decision.
(3) An appeal shall be heard by the executive
			 director of the Iowa finance authority. The executive director shall grant the
			 appellant reasonable opportunity to gather information and inquire as to why
			 the decision in question was made. The executive director shall allow the
			 appellant to present all the relevant facts supporting the appellant's
			 position. Such presentation shall be held not later than 30 days after the
			 filing of an appeal, unless the parties agree to hold the presentation on a
			 later date.
(4) Within 7 days of
			 the presentation, the executive director shall issue a written decision which
			 clearly states whether or not the authority's decision was appropriate. Such
			 decision shall be delivered to the appellant and the board of directors of the
			 authority.
(5) If the executive
			 director determines that the authority's decision was not appropriate, the
			 executive director shall recommend to the authority's board a proper
			 remedy.
(6) Final agency action.
			 After receiving a written decision from the executive director, the board must
			 either approve or decline to approve the executive director's recommendation no
			 later than the next regularly scheduled board meeting. Such action by the board
			 shall be the final decision of the agency.
(7) Judicial review. Judicial review of the
			 authority's final decisions may be sought in accordance with Iowa Code section
			 17A.19.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
Through its transitional housing revolving loan program
				(program), the authority seeks to assist in the development of affordable
				housing for parents who are reuniting with their children while completing or
				participating in substance abuse treatment. This chapter implements Iowa Code
				section
				16.48.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.2 - Priority of Loan Awards

Current through Register Vol. 47, No. 3, July 24, 2024
It is the authority's intent to award loans under the program
				to those applicants that meet all of the requirements of this chapter and
				satisfy all threshold and underwriting requirements of the applicable qualified
				allocation plan adopted by the authority pursuant to
				265-12.1
				(16). The authority intends to award the available funds under this program
				each year if applicants meet all applicable requirements, provided, however,
				that the authority shall give preference in the manner it deems most
				appropriate to projects that reunite mothers with their children. The authority
				will announce its expected amount of funds available prior to each tax credit
				application deadline. To the extent that sufficient funds are not available to
				fully fund all applications, awards under this program will be funded in the
				following order of priority:
1.
			 Applicants awarded tax credits under the service-enriched set-aside;
2. Applicants awarded tax credits under any
			 other set-aside; and
3. Applicants
			 awarded tax credits outside of a set-aside.
Applicants within set-asides will compete based on points
				awarded under the qualified allocation plan.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.3 - Application Process

Current through Register Vol. 47, No. 3, July 24, 2024
Applications will be reviewed as part of an annual competition.
				Applications must be submitted in conjunction with the applicant's application
				for low-income housing tax credits, as set forth in the applicable qualified
				allocation plan. Once funds have been allocated, the authority will not accept
				for review any applications seeking funding until the next low-income housing
				tax credit application deadline. Applications for assistance under this program
				must be made on forms and in the manner provided by the authority. Inquiries
				with respect to this program should be made to those persons identified on the
				authority's Web site at
www.iowafinanceauthority.gov
as
				contacts for this program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.4 - Program Guidelines

Current through Register Vol. 47, No. 3, July 24, 2024
For-profit and nonprofit sponsors are eligible to apply for
				assistance under this program based on the following program guidelines:
(1) A project eligible for assistance must
			 meet the following criteria:
a. A project must
			 be geographically located in close proximity to a substance abuse treatment
			 program, licensed pursuant to Iowa Code sections
			 125.13
			 and
			 125.21.
			 Close proximity is defined as within a ten-mile radius of the substance abuse
			 treatment program.
b. A project
			 must be developed using low-income housing tax credits.
c. Applicants must satisfy all of the
			 requirements of the applicable qualified allocation plan, including the plan,
			 application and application instructions, all applicable attachments and
			 exhibits, and applicable provisions of the Internal Revenue Code and the
			 accompanying Treasury regulations.
d. Assistance provided under this program
			 must enable the project to maintain financial feasibility and affordability for
			 at least the term of the assistance.
e. Operating and replacement reserve funds
			 must be adequately funded in the amounts required by the applicable qualified
			 allocation plan.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.5 - Authority Analysis of Applications

Current through Register Vol. 47, No. 3, July 24, 2024
Authority staff will analyze and underwrite each potential
				project and will make recommendations for funding assistance to the board of
				the authority. Authority staff will use such procedures and processes in its
				underwriting and analysis as it deems necessary and appropriate in connection
				with furthering the purposes of this program. In addition, the authority
				anticipates that, because of the complex nature of each transaction and the
				particular sets of circumstances attributable to each particular
				application/transaction, the terms and conditions of loans will vary from
				project to project. The authority will make available its general operating
				procedures and guidelines for this program.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 23 - Transitional Housing Revolving Loan Program › Rule 265-23.7 - Closing/advance of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
If all requirements of the authority are not met in accordance
				with any time frames set by the authority and to the complete satisfaction of
				the authority, all in the sole discretion of the authority, the authority may
				determine to cease work on an approved project and, accordingly, not advance
				any funds for such project.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.1 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter defines and structures the rent subsidy program
				for persons who participate in a home- and community-based services (HCBS)
				waiver program, including habilitation services, or Money Follows the Person
				(MFP). This program is designed to provide rent assistance to help HCBS waiver
				and MFP participants live in the community.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Applicant"
means a person aged 18 or over who
				participates in one of the home- and community-based services waiver programs,
				habilitation services, or Money Follows the Person.
"Authority"
means the Iowa finance
				authority.
"Habilitation services"
means an Iowa Medicaid
				program designed to provide home- and community-based services to Iowans with
				the functional impairments typically associated with chronic mental
				illnesses.
"Home- and community-based services rent subsidy
				program"
means a program as established in 2017 Iowa Acts, House File
				586, section 3.
"Home- and community-based services waiver
				program"
or
"HCBS"
means any of the waiver programs
				administered by the department of human services under the provisions set forth
				in 441-Chapter 83, the habilitation services waiver, or Money Follows the
				Person.
"Housing Choice Voucher (HCV) program"
means
				the federal government's major program for assisting very low-income families,
				the elderly, and the disabled to afford decent, safe, and sanitary housing in
				the private market as created in Section 201 of Title 2 of Public Law 93-383,
				also known as the Housing and Community Development Act of 1974, with
				implementing regulations found in 24 CFR Part 982. Applicants apply for the HCV
				program through the local public housing authority.
"HUD"
means the U.S. Department of Housing and
				Urban Development.
"Legal guardian"
means a person lawfully
				invested with the power, and charged with the obligation, of taking care of and
				managing the property and rights of a recipient who, because of age,
				understanding, or self-control, is considered incapable of administering the
				recipient's own affairs.
"Money Follows the Person (MFP)"
means Iowa's
				Money Follows the Person (MFP) partnership for community integration program,
				which provides opportunities for individuals in Iowa to move out of
				intermediate care facilities for persons with intellectual disabilities
				(ICF/ID) or nursing facilities, and into the community.
"Qualified dependents)"
means the applicant's
				spouse or child who is claimed as a dependent of the applicant for federal
				income tax purposes.
"Qualified rental unit"
means a housing unit
				for which a signed written rental agreement exists and which is governed by
				Iowa Code chapter 562A.
"Representative payee"
means a person who is
				appointed for a recipient who is unable to receive and manage the recipient's
				own benefits due to mental or physical impairments. The representative payee is
				to use the benefits in the recipient's best interest and is personally liable
				for misuse of funds.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.3 - Eligibility Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
All of the following criteria shall be met.
(1)
Demonstrated need.
An
			 applicant must demonstrate need for rent subsidy by meeting all of the
			 following requirements:
a. The applicant shall
			 provide a copy of an executed rental agreement showing the applicant as a
			 tenant, with signatures by the landlord and the applicant or the applicant's
			 legal guardian;
b. The applicant
			 shall provide evidence that the applicant pays more than 30 percent of the
			 applicant's gross income for rent, with a minimum contribution of $25 per
			 month;
c. The applicant shall not
			 receive any other permanent rental assistance;
d. The applicant may not use this program to
			 substitute for any other permanent rent subsidy that the applicant had been
			 receiving at the time of or immediately prior to the time of application to
			 this program; and
e. The
			 applicant's rental unit must be a qualified rental unit and may not be owned by
			 someone who lives in the unit.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.4 - Application

Current through Register Vol. 47, No. 3, July 24, 2024
Applications for the HCBS rent subsidy program may be obtained
				on the authority's Web site at
www.iowafinanceauthority.gov/HCBS
. Applications shall be submitted to the Iowa finance authority as directed on
				the application.
(1)
Application process.
An applicant shall complete the
			 application for HCBS rent subsidy and provide all required documentation as
			 specified in the application.
(2)
Date of application.
The date of the application shall be the
			 date the completed application, including all required documentation, is
			 received by the authority.
(3)
Eligibility determination.
The applicant shall be notified of
			 the amount of monthly rent subsidy within 30 business days of the authority's
			 approval of a complete application. In addition, the applicant may elect to
			 have any of the following notified: legal guardian, case manager or
			 representative payee.
(4)
Waiting list.
The authority shall maintain and administer a
			 statewide waiting list for funding of HCBS rent subsidy as follows:
a. When an application is received, the
			 applicant will be placed on the established waiting list according to the order
			 in which the completed application and all required supporting documents were
			 received by the authority.
b.
			 Waiting list priority shall be given to an applicant:
(1) Who is an approved MFP
			 participant.
(2) Who is
			 transitioning from an out-of-state institutional placement.
(3) Who is transitioning from an
			 institutional setting within Iowa.
(4) Whose rent subsidy has been terminated
			 due to lack of available funds under subrule 24.7(3).
c. When funding allows additional applicants
			 to be added to the HCBS rent subsidy program, their names shall be taken from
			 the statewide waiting list, updated information will be requested, and each
			 applicant's eligibility shall be determined at that time based upon receipt of
			 the requested updated documentation. If the completed application and
			 verification of eligibility are not received by the deadline specified by the
			 authority, the applicant's name may be removed from the waiting
			 list.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.5 - Amount of Rent Subsidy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Use of subsidy.
Assistance shall be used for rental
			 expense.
(2)
Maximum
			 monthly payment for rent.
Assistance for rent shall be equal to the
			 lesser of the rent paid by the applicant or the current applicable fair market
			 rent as published by HUD for the area where the applicant's residence is
			 located, less 30 percent of the applicant's gross monthly income. The fair
			 market rent used shall be that for a one-bedroom unit or a proportionate share
			 of the fair market rent in living units containing more than one bedroom. When
			 the applicant resides with a qualified dependent(s), the proportionate share
			 may consist of additional bedrooms, applying the same maximum monthly payment
			 standard.
(3)
Monthly
			 payment.
Applicants approved for HCBS rent subsidy payments shall
			 receive an ongoing monthly payment which is equal to the amount determined
			 pursuant to subrule 24.5(2). The authority will not send any payments less than
			 $50 but will accrue subsidy payments until such time as at least $50 is
			 accumulated.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.6 - Redetermination of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of completion.
A redetermination of eligibility for HCBS
			 rent subsidy payments shall be completed:
a.
			 At least once every 12 months.
b.
			 When a change in circumstances occurs that affects eligibility in accordance
			 with rule
			 265-24.3
			 (16).
c. If the recipient moves
			 from the residence stated on the approved application.
d. When there is a change greater than $100
			 in the recipient's estimated gross monthly income.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 24 - Home and Community-based Services Rent Subsidy Program › Rule 265-24.7 - Termination of Rent Subsidy Payments

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Reasons for termination.
The HCBS rent subsidy shall terminate at the end of the month in which any of
			 the following occur, and a notice shall be sent stating the reason for the
			 termination, which may include, but is not limited to, the following:
a. The recipient does not meet one or more of
			 the eligibility criteria listed in rule
			 265-24.3
			 (16).
b. Completion of the required
			 documentation is not received by the deadline established by the
			 authority.
c. No further funds are
			 available for the HCBS rent subsidy program.
d. The recipient, case manager, legal
			 guardian or representative payee demonstrates abusive or threatening language
			 or behavior toward authority staff.
e. The recipient is determined to have
			 provided false information.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.1 - Statutory Authority

Current through Register Vol. 47, No. 3, July 24, 2024
The authority to provide loans to eligible applicants to assist
				in financing drinking water and wastewater treatment facilities and water
				pollution control projects is provided by Iowa Code sections
				16.131
				through 16.133.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.2 - Purpose

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa finance authority provides financing to carry out the
				functions of the state revolving fund (SRF) loan programs. Under an agreement
				with the United States Environmental Protection Agency, the Iowa SRF is
				administered by the Iowa department of natural resources in partnership with
				the Iowa finance authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.3 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Authority"
or
"IFA"
means
				the Iowa finance authority.
"Clean Water Act"
or
"CWA"
means the federal Water Pollution Control Act of 1972, as amended by the Water
				Quality Act of 1987.
"Commission"
means the environmental
				protection commission of the Iowa department of natural resources.
"Common ownership"
means the ownership of an
				animal feeding operation as a sole proprietor, or a majority ownership interest
				held by a person, in each of two or more animal feeding operations as a joint
				tenant, tenant in common, shareholder, partner, member, beneficiary, or other
				equity interest holder. The majority ownership interest is a common ownership
				interest when it is held directly, indirectly through a spouse or dependent
				child, or both.
"Department"
or
"DNR"
means
				the Iowa department of natural resources.
"Director"
means the director of the
				authority.
"DWSRF"
means the drinking water state
				revolving fund.
"Eligible costs"
means all costs related to
				the completion of a project as defined in the CWA and SDWA and 567-Chapters 40
				and 90.
"EPA"
means the United States Environmental
				Protection Agency.
"Intended use plan"
or
"IUP"
means the program document identifying the intended uses of funds available for
				loans pursuant to the WPCSRF and the DWSRF.
"Nonpoint source"
means any project described
				in Section 319 of the Clean Water Act.
"Recipient"
means the entity receiving funds
				from the SRF.
"Safe Drinking Water Act"
or
"SDWA"
means Title XIV of the federal Public Health Service
				Act, commonly known as the "Safe Drinking Water Act," as amended by the Safe
				Drinking Water Amendments of 1996.
"SRF"
means the state revolving fund.
"WPCSRF"
means the water pollution control
				state revolving fund.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.4 - Project Funding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Intended
			 use plans/state project priority lists.
The state project priority
			 lists shall include projects eligible for SRF loans as provided in 567-Chapters
			 44 and 92. The authority will consider the following when determining whether
			 to provide a loan to an eligible recipient:
a.
			 Recipient's financial capability to repay the loan and to provide operation and
			 maintenance, replacement reserves, and, if required, debt service
			 reserves;
b. Recipient's statement
			 of willingness to accept all loan terms and conditions;
c. The priority of the project;
d. Funds available; and
e. The technical review and approval of the
			 project by the department.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.5 - Wpcsrf/dwsrf Infrastructure Construction Loans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Loan agreements.
The
			 authority will prepare a loan agreement when the application has been
			 determined to be in compliance with the requirements of the CWA/SDWA and
			 applicable state rules for SRF funding. The loan shall be accompanied by an
			 enforceability opinion in a form acceptable to the authority and, if
			 applicable, a bond counsel opinion as to the status of interest on the
			 obligation, in a form acceptable to the authority. A copy of the current form
			 of the loan agreement shall be provided to the applicant upon
			 request.
(2)
Loan rates and
			 terms.
Loan terms for point source projects shall include the
			 following:
a.
Interest rates.
Loan interest rates shall be established in the IUP and shall be established by
			 taking into account factors including, but not limited to, the following:
(1) Interest rate cost of funds to the
			 SRF;
(2) Availability of other SRF
			 funds;
(3) Prevailing market
			 interest rates of comparable non-SRF loans; and
(4) Long-term SRF viability.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.6 - Planning and Design Loans

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Timing of
			 loan.
Prior to a recipient's execution of a loan agreement for project
			 construction, funds may be loaned to the recipient to pay for initial eligible
			 costs, including the cost of facility planning and design
			 engineering.
(2)
Duration.
Planning and design loans may not have a duration of
			 longer than three years from their date of execution, unless the director
			 provides written consent to a longer term.
(3)
Interest rate.
The
			 interest rate will be that rate specified in the most recent IUP
(4)
Rollover to construction
			 loan.
All funds borrowed by the recipient as a planning and design
			 loan may be financed as a part of a construction loan agreement upon expiration
			 of the term of the planning and design loan.
(5)
Repayment.
If the
			 recipient does not execute an SRF construction loan, the planning and design
			 loan shall be paid in full at the end of the three-year term, unless the loan
			 term is extended by written consent of the director.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.7 - Disadvantaged Community Status

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Criteria
			 for disadvantaged community status.
The authority, in conjunction with
			 the department, may develop criteria to determine disadvantaged community
			 status. Factors included in the criteria include, but are not limited to, the
			 community's median household income and target user charges. Criteria to
			 determine disadvantaged community status shall be established in the
			 IUP.
(2)
Interest
			 rate.
Interest rates for disadvantaged communities shall be
			 established in the IUP.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 26 - Water Pollution Control Works and Drinking Water Facilities Financing › Rule 265-26.9 - Termination and Rectification of Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination.
The authority shall have the right to terminate
			 any loan if a term of the agreement has been violated. Loans are subject to
			 termination if construction has not begun within one year of the execution of a
			 loan agreement. The director will establish a repayment schedule for funds
			 already loaned to the recipient. Every termination must be in
			 writing.
(2)
Rectification
			 and disputes.
Failure of the recipient to implement the approved
			 project or to comply with the applicable requirements constitutes grounds for
			 the authority, the authority's agent, or the participating lending institution
			 to withhold loan disbursements. The recipient is responsible for ensuring that
			 the identified problem(s) is rectified. Once the deficiency is corrected, the
			 loan funds can be released. A recipient that disagrees with the director's
			 withholding of loan funds may request a formal review of the action. The
			 recipient must submit to the director a written request for a formal review of
			 the action within 30 days of receiving notice that loan disbursements will not
			 be released.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 27 - Military Service Member Home Ownership Assistance Program › Rule 265-27.3 - Application Procedure and Determination of Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prior approval.
Whether
			 the purchase of a qualified home is by mortgage financing or cash, prior
			 approval of the assistance by the authority is required. Approval of the
			 request will include supporting document review by the authority and a
			 determination of the service member's eligibility by the Iowa department of
			 veterans affairs.
(2)
Financed home purchases.
a.
			 In the case of the purchase of a qualified home that is to be financed, the
			 eligible service member must apply for assistance under the program through a
			 participating or facilitating lender. If the service member qualifies for one
			 of the authority's home buyer mortgage programs, the mortgage financing
			 provided shall be a qualified mortgage. Service members who are not eligible
			 for one of the authority's home buyer mortgage programs and are not purchasing
			 on a cash basis may use any permanent financing available to them.
b. To apply for the military assistance, the
			 eligible service member shall provide the participating or facilitating lender
			 with the status documentation and all necessary program documents.
c. Once the lender has received all of the
			 information required by this subrule, the lender shall transmit copies of the
			 necessary documentation to the authority.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 27 - Military Service Member Home Ownership Assistance Program › Rule 265-27.4 - Mhoa Award

Current through Register Vol. 47, No. 3, July 24, 2024
Assistance awarded hereunder shall be up to $5,000 toward the
				purchase of a qualified home.
(1)
MHOA reimbursement.
The lender shall advance funds at closing
			 in an amount equal to the assistance on behalf of the eligible service member.
			 After closing, the lender shall submit to the authority copies of the following
			 documents: an executed settlement statement, the deed conveying title, a title
			 guaranty commitment, and the promissory note and mortgage. After closing, for
			 cash home purchasers, the eligible service member shall submit to the authority
			 a copy of the executed settlement statement, the deed conveying title and the
			 executed title guaranty certificate.
(2)
MHOA assistance restrictions and
			 limitations.
All assistance under the program is subject to funding
			 availability. Assistance will be awarded in the order in which all required
			 documentation is received and approved by the authority. Assistance awarded
			 pursuant to the program is personal to its recipient and may not be assigned.
			 Only one award of assistance shall be awarded per home purchase. If both
			 homeowners are eligible service members, only one may use the MHOA per home
			 purchase. If another home is purchased at a later date, the other eligible
			 service member may use the MHOA on the second home if the program exists and
			 funds are available. An eligible service member shall receive only one award
			 under the program. While program funds are available, the award shall be valid
			 for 60 days in the case of purchases of existing or completed property and 120
			 days in the case of purchases of property being constructed or renovated. A
			 reasonable extension may be granted with evidence of a purchase loan in
			 progress which has been delayed due to circumstances beyond the service
			 member's control.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 28 - Wastewater and Drinking Water Treatment Financial Assistance Program › Rule 265-28.1 - Overview

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Sources
			 of funds.
The wastewater and drinking water treatment financial
			 assistance fund shall consist of appropriations made to the fund and transfers
			 of interest, earnings, and moneys from other funds as provided by
			 law.
(2)
Purpose.
The purpose of the program is to provide financial assistance to enhance water
			 quality. Financial assistance under the program shall be used for eligible
			 costs to install or upgrade wastewater treatment facilities and systems and
			 drinking water treatment facilities and systems, including source water
			 protection projects, and for engineering or technical assistance for facility
			 planning and design.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 28 - Wastewater and Drinking Water Treatment Financial Assistance Program › Rule 265-28.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Authority"
or
"IFA "
means
				the Iowa finance authority as established by Iowa Code chapter 16.
"Committee "
means the water quality financing
				review committee consisting of the secretary of agriculture or the secretary's
				designee, the executive director of the authority or the executive director's
				designee, and the director of the department of natural resources or the
				director's designee.
"Community"
means a city, county, sanitary
				district, rural water district, or other governmental body empowered to provide
				sewage collection and treatment services or drinking water distribution and
				treatment in connection with a project. "Community" includes a utility
				management organization formed under Iowa Code chapter 28E or operated by a
				rural water system organized under Iowa Code chapter 3 5 7A or 504.
"Costs "
means all expenses incurred by the
				recipient and determined by the authority as reasonable and necessary to carry
				out a project.
"Department"
or
"DNR"
means
				the Iowa department of natural resources.
"Director "
means the director of the
				authority.
"Disadvantagedcommunity"
means the same as
				defined in Iowa Code section
				455B.199B.
"Program "
means the wastewater and drinking
				water treatment financial assistance program created in Iowa Code section
				16.134.
"Project"
means the acquisition, construction,
				reconstruction, extension, equipping, improvement or rehabilitation of any
				works and facilities useful for the collection, treatment, and disposal of
				sewage and industrial waste in a sanitary manner and for drinking water
				infrastructure improvements, source water protection, and other activities
				intended to facilitate public water supply system compliance and public health
				protection.
"Recipient"
means the entity receiving funds
				from the program.
"SRF"
means the state revolving fund, which is
				the Iowa water pollution control works and drinking water facilities financing
				program administered by IFA and DNR.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 28 - Wastewater and Drinking Water Treatment Financial Assistance Program › Rule 265-28.3 - Project Funding

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval of projects.
The committee will approve or deny
			 applications for financial assistance. The committee will approve financial
			 assistance from the fund in accordance with the priorities listed in subrule
			 28.3(2). The committee will determine the weighting of priorities on an annual
			 basis.
(2)
Project
			 priority.
Priority will be given:
a.
			 To projects in which a disadvantaged community is seeking financial assistance
			 for the installation or upgrade of wastewater treatment facilities and drinking
			 water treatment facilities.
b. To
			 projects whose completion will provide significant improvement to water quality
			 in the watershed.
c. To communities
			 that employ an alternative wastewater treatment technology pursuant to Iowa
			 Code section
			 455B.199C.
d. To communities where sewer or water rates
			 are the highest as a percentage of that community's median household
			 income.
e. To communities that
			 employ technology to address the goals of the Iowa nutrient reduction strategy.
f. To communities whose drinking
			 water facilities and systems use as a supply, or to projects whose completion
			 will improve, source waters or waters on the state's impaired waters
			 list.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 28 - Wastewater and Drinking Water Treatment Financial Assistance Program › Rule 265-28.4 - Termination; Rectification of Deficiencies; Disputes

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Termination.
The
			 authority shall have the right to terminate any grant when terms of the
			 agreement have been violated. Grants are subject to termination if construction
			 has not begun within one year of the execution of a grant agreement. The
			 director shall establish a repayment schedule for funds already disbursed to
			 the recipient. All terminations shall be in writing.
(2)
Rectification of
			 deficiencies.
Failure of the recipient to implement the approved
			 project or to comply with the applicable requirements constitutes grounds for
			 the authority to recapture or withhold funds. The recipient is responsible for
			 ensuring that the identified deficiency is rectified. Once the deficiency is
			 corrected, the funds can be released.
(3)
Disputes.
A recipient
			 that disagrees with the director's withholding of funds may request a formal
			 review of the action. The recipient must submit a request in writing to the
			 director within 30 days of notification by the authority of its planned
			 action.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, unless the context otherwise
				requires:
"Authority"
means the Iowa finance authority
				created in Iowa Code section 16.1A.
"Council of governments"
or
"COG"
means an Iowa council of governments as defined by Iowa
				Code chapter 28H.
"Disaster-affected home"
means a primary
				residence that is destroyed or damaged due to a natural disaster that occurs on
				or after June 16, 2021, and that is located in a county that is the subject ofa
				state of disaster emergency proclamation by the governor that authorizes
				disaster recovery housing assistance.
"Fund"
means the disaster recovery housing
				assistance fund.
"Local program administrator"
means the same
				as defined in subrule 29.2(1).
"Program"
means the disaster recovery housing
				assistance program, except for where the term "program" is used in rule
				265-29.8(16).
"Replacement housing"
means housing purchased
				by a homeowner or leased by a renter needed to replace a disaster-affected home
				that is destroyed or damaged beyond reasonable repair as determined by a local
				program administrator.
"Retention agreement"
means an agreement as
				described in subrule 29.5(6).
"Retention period"
means a period of time
				during which a retention agreement will remain in place. The retention period
				will begin on the date of a loan closing or the date repairs are completed and
				will end five years after the beginning of the retention period.
"State of disaster emergency"
means the same
				as described in Iowa Code section 29C.6(1).
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.2 - Operation of Program With Local Program Administrators

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Local program administrators.
For purposes of this chapter,
			 "local program administrator" means any of the following:
a. The cities of Ames, Cedar Falls, Cedar
			 Rapids, Council Bluffs, Davenport, Des Moines, Dubuque, Iowa City, Waterloo,
			 and West Des Moines.
b. A council
			 of governments whose territory includes at least one county that is the subject
			 of a state of disaster emergency proclamation by the governor that authorizes
			 disaster recovery housing assistance or the eviction prevention program under
			 Iowa Code section 16.57C on or after June 16, 2021.
c. A community action agency as defined in
			 Iowa Code section 216A.91 whose territory includes at least one county that is
			 the subject of a state of disaster emergency proclamation by the governor that
			 authorizes disaster recovery housing assistance or the eviction prevention
			 program under Iowa Code section 16.57C on or after June 16, 2021.
d. A qualified local organization, organized
			 as a nonprofit in the state of Iowa, or a governmental entity that provides
			 housing stability services. Housing stability services may include:
(1) Housing counseling;
(2) Legal services related to eviction
			 proceedings and maintaining housing stability; and
(3) Housing navigation services.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.3 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Eligible homeowners.
To
			 be eligible for a forgivable loan under the program, all of the following
			 requirements shall apply:
a. The homeowner's
			 disaster-affected home must have sustained damage greater than the damage that
			 is covered by the homeowner's property and casualty insurance policy insuring
			 the home plus any other state or federal disaster-related financial assistance
			 that the homeowner is eligible to receive.
b. A local official must either deem the
			 disaster-affected home suitable for rehabilitation or damaged beyond reasonable
			 repair.
c. The disaster-affected
			 home is not eligible for buyout by the county or city where the
			 disaster-affected home is located, or the disaster-affected home is eligible
			 for a buyout by the county or city where the disaster-affected home is located
			 but the homeowner is requesting a forgivable loan for the repair or
			 rehabilitation of the homeowner's disaster-affected home in lieu of a
			 buyout.
d. Assistance under the
			 program must not duplicate benefits provided by any local, state, or
			 federaldisaster recovery assistance program.
e. A homeowner must be referred to the
			 authority or to a local program administrator to be considered for a financial
			 assistance award.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.4 - Eligible Uses of Funds

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Forgivable loans.
The authority may award a forgivable loan to
			 an eligible homeowner for any of the following purposes:
a. Repair or rehabilitation of the
			 disaster-affected home.
b. Down
			 payment assistance on the purchase of replacement housing, and the cost of
			 reasonable repairs to be performed on the replacement housing to render the
			 replacement housing decent, safe, sanitary, and in good repair. For purposes of
			 this paragraph, "decent, safe, sanitary, and in good repair" means the same as
			 described in  24 CFR §
										5.703. The amount of down payment assistance that may
			 be awarded to an eligible homeowner must not exceed 25 percent of the purchase
			 price of the home being purchased plus any amount allowed for repairs, or
			 $50,000, whichever is less.
(1) Replacement
			 housing shall not be located in a 100-year floodplain.
(2) For purposes of calculating the amount of
			 down payment assistance available to the eligible homeowner, the amount of the
			 down payment assistance will be reduced by the amount of any disaster
			 compensation received by the eligible homeowner in excess of any amount
			 necessary to pay off a mortgage or real estate purchase contract on the
			 disaster-affected home.
(3) As a
			 condition of receiving down payment assistance, the eligible homeowner must
			 agree that any disaster compensation received subsequent to the closing of the
			 forgivable loan, if not applied toward repayment of a mortgage on the
			 disaster-affected home, shall be used by the eligible homeowner to pay down the
			 balance of the forgivable loan outstanding at the time the eligible homeowner
			 receives such disaster compensation.
(4) An eligible homeowner shall not use the
			 assistance allowed under this paragraph for the purchase of more than one
			 home.
(5) Replacement housing must
			 be used as the eligible homeowner's primary residence.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.5 - Loan Terms

Current through Register Vol. 47, No. 3, July 24, 2024
Loans made under the program shall, at a minimum, contain the
				following terms:
(1)
Five-year
			 term.
The duration of the loan will be for a term of five
			 years.
(2)
Amount.
The maximum amount of a loan made under this program shall be
			 $50,000.
(3)
Interest.
Loans made pursuant to the program shall bear no
			 interest.
(4)
Forgivability.
Loans made pursuant to the program will be
			 forgiven and the principal amount of the loan reduced by one-sixtieth of the
			 initial loan amount for each full month of the retention period in which the
			 homeowner is not in default pursuant to the loan agreement, beginning on the
			 date of the final disbursement of forgivable loan proceeds.
(5)
Repayment due upon sale of
			 home.
If a homeowner who has been awarded a forgivable loan sells a
			 disaster-affected home or replacement housing for which the homeowner received
			 the forgivable loan prior to the end of the loan term, the remaining principal
			 on the forgivable loan shall be due and payable upon the sale of the
			 home.
(6)
Retention
			 agreement.
Each loan made pursuant to this program shall be secured by
			 a retention agreement that shall constitute a lien on the title of the real
			 property for which the forgivable loan is made until such time as the
			 forgivable loan has either been fully forgiven or paid in full. However, if an
			 eligible homeowner receives a buyout of the disaster-affected home from the
			 hazard mitigation grant program established in Iowa Code chapter 29C or any
			 other funding source, the receipt of the buyout will not trigger a repayment of
			 assistance received under subrule 29.4(1).
(7)
General conditions of
			 assistance.
a. If an eligible
			 homeowner receives other disaster compensation after a forgivable loan is
			 awarded, the authority may require repayment of some or all of the forgivable
			 loan based on the amount of disaster compensation received and review for any
			 duplication of benefits.
b. Any
			 home to be purchased, repaired or rehabilitated using assistance under the
			 program must be in compliance with all applicable state and local laws, rules
			 and ordinances. To be eligible for assistance, the home must be in compliance
			 as of the time of closing in the case of purchases, and as of the date of the
			 final disbursement of forgivable loan proceeds in the case of repair or
			 rehabilitation.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.6 - Grant Terms

Current through Register Vol. 47, No. 3, July 24, 2024
Grants made under the program shall be subject to the following
				terms:
(1)
Award calculation
			 and maximum award.
a. An eligible
			 renter may be awarded up to six months of rent assistance.
b. An eligible renter may be awarded
			 retroactive rent assistance.
c. An
			 eligible renter may be awarded rent assistance to pay late fees provided that
			 the late fees are permissible under Iowa Code chapter 562A or 562B.
d. Rent assistance will be calculated by
			 first multiplying the monthly rent amount stated on the eligible renter's lease
			 by the number of months for which assistance is needed, and then adding any
			 eligible retroactive rent assistance and late fees.
e. The amount of monthly rent assistance used
			 in calculating the award must not exceed the amount stated on the eligible
			 renter's lease.
f. The maximum
			 allowable rent assistance that may be awarded must not exceed the lesser of:
(1) The sum of the amount stated on the
			 eligible renter's lease multiplied by six months, plus late fees; or
(2) $5,000.
Iowa Administrative Code › Agency 265 - Iowa Finance Authority › Chapter 29 - Disaster Recovery Housing Assistance › Rule 265-29.7 - Reporting

Current through Register Vol. 47, No. 3, July 24, 2024
A local program administrator working with the authority to
				administer assistance provided under rule 265-29.4 (16) will submit any
				information reasonably requested by the authority in sufficient detail to
				permit the authority to prepare any reports required by the authority, the
				general assembly or the governor's office.