Missouri Code of State Regulations › Title 4 - Department of Economic Development › Division 170 - Missouri Housing Development Commission › Chapter 7 - Missouri Housing Trust Fund › Section 4 CSR 170-7.200 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines terms used in the
				  implementation of the Missouri Housing Trust Fund.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) As used in this chapter, all terms not
				otherwise defined herein shall have the meanings set forth in the state housing
				act and, as applicable, in
				4 CSR 170-1.100. For
				purposes of this chapter, the following terms shall have the following
				meanings:
(A) Adjusted income. An amount equal
				to adjusted income as such amount is defined under Title 24,
Code of
				Federal Regulations
, Part 5, published annually in April, herein
				incorporated by reference and made a part of this rule, as published by the
				United States Superintendent of Documents, 732 N Capital Street N W,
				Washington, DC 20402-0001, phone: toll free (866) 512-1800, DC area (202)
				512-1800, website:
http://bookstore.gpo.gov
. This rule does
				not incorporate any subsequent amendments or additions;
(B) Advisory committee. The advisory
				committee shall be the committee established and maintained under
				4 CSR
				170-7.100(2);
(C) Affordable housing unit. A residential
				unit generally occupied by persons and families with incomes at or below the
				levels described in this rule and charging a gross rental rate no greater than
				the levels set forth in section 215.037.1., RSMo (as the same may be amended
				from time-to-time), reduced by the utility allowance, if applicable;
(D) Applicant(s). Shall refer to any entity
				applying for a grant or loan of Missouri Housing Trust Fund (MHTF) funds by
				submitting a proposal application form to the Missouri Housing Development
				Commission (commission);
(E)
				Application proposal guide. The application proposal guide adopted by the trust
				fund department from time-to-time pursuant to
				4
				CSR 170-7.300(3);
(F) Commissioners. The appointed and ex
				officio members of the commission or their lawfully authorized
				designees;
(G) Committee of
				directors. The committee of directors shall be a three (3) person committee
				comprised of the commission's director, director of rental production, and
				director of finance;
(H) Competent
				and substantial evidence. Evidence that is reliable and probative and which a
				reasonable mind could accept as adequate to support a conclusion (i.e.,
				evidence upon which the party rendering a determination could reasonably base
				its decision);
(I) Compliance
				period. The compliance period set forth in the applicable land use restriction
				agreement or regulatory agreement recorded on the MHTF development pursuant to
				the requirements of this chapter;
(J) Eligible low income persons or families
				at or below fifty percent (50%) of median income, adjusted for family size.
				Persons or families whose household combined, adjusted income is equal to or
				less than the percentages set forth in section 215.036.2., RSMo (as the same
				may be amended from time-to-time);
(K) Eligible low income persons or families
				at or below twenty-five percent (25%) of median income, adjusted for family
				size. Persons or families whose household combined, adjusted income is equal to
				or less than the percentages set forth in section 215.036.3., RSMo (as the same
				may be amended from time-to-time);
(L) MHTF development(s)/MHTF activity. Any
				development or activities eligible for assistance under section
				215.038,
				RSMo (as the same may be amended from time-to-time);
(M) Housing provider organization. Any
				organization or firm performing housing development activities, community
				services, or economic activities in Missouri;
(N) Grantee(s). Any entity receiving a grant
				of MHTF funds under this chapter;
(O) MHTF. The Missouri Housing Trust Fund, as
				codified in sections 215.034-215.039, RSMo, (as may be amended from
				time-to-time);
(P) MHTF NOFA. A
				notice of funding availability (NOFA) for MHTF funds as approved from
				time-to-time by the commission pursuant to
				4
				CSR 170-7.300(2);
(Q) Missouri Metropolitan Continua of Care.
				Collectively, the St. Louis City Continua of Care (City of St. Louis,
				Missouri), St. Louis County Continua of Care (St. Louis County), Kansas City
				Continua of Care (Jackson County), St. Joseph Continua of Care (Andrew County,
				DeKalb County, and Buchanan County), Joplin Continua of Care (Jasper County and
				Newton County), Springfield Continua of Care (Christian County, Green County,
				and Webster County) and St. Charles Continua of Care (Lincoln County, Warren
				County, and St. Charles County);
(R) Proposal. A written application by one
				(1) or more housing provider organizations requesting MHTF funds for any MHTF
				development/MHTF activity in order to provide assistance to eligible persons or
				families in a manner consistent with the MHTF;
(S) Proposal application form. The
				application form adopted by the trust fund department from time-to-time
				pursuant to
				4
				CSR 170-7.300(1);
(T) Recaptured funds. All MHTF funds
				recaptured pursuant to
				4
				CSR 170-7.400(2);
(U) Trust fund manager. The individual hired
				by the director to manage and supervise the trust fund department;
(V) Trust fund department. The department
				established by the director to administer all MHTF funds awarded by the
				commission; and
(W) Utility
				allowance. The utility allowance for purposes of calculating gross rent under
				section 215.037.1., RSMo (as the same may be amended from time-to-time), shall
				be calculated using the method set forth under Treas. Reg. Section
				1.42-10(b)(4)(ii)(B) (T.D. 8520, 59 FR 10073, March 3, 1994, as amended by T.D.
				9420, 73 FR 43867, July 29, 2008), herein incorporated by reference and made a
				part of this rule, as published by the Office of the Federal Register, National
				Archives and Records Administration, 800 North Capitol Street N W, Suite 700,
				Washington, DC 20001, phone: (202) 741-6000, website:
				http://www.archives.gov/federal-register/. This rule does not incorporate any
				subsequent amendments or additions. If the local utility company is unable or
				unwilling to provide estimates necessary for calculating the utility allowance
				under such section, the method for calculating utility allowances set forth in
				Treas. Reg. Section 1.42-10(b)(4)(ii)(A) (T.D. 8520, 59 FR 10073, March 3,
				1994, as amended by T.D. 9420, 73 FR 43867, July 29, 2008), herein incorporated
				by reference and made a part of this rule, as published by the Office of the
				Federal Register, National Archives and Records Administration, 800 North
				Capitol Street N W, Suite 700, Washington, DC 20001, phone: (202) 741-6000,
				website:
http://www.archives.gov/federal-register/
shall be used. This rule does not incorporate any subsequent amendments or
				additions.