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 170-7.500 - Compliance Requirements and Suspension and Recapture of Funds

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the compliance
				  requirements for the Missouri Housing Trust Fund (MHTF) and grounds upon which
				  disbursement of MHTF grant funds may be suspended and when MHTF funds may be
				  recaptured from a grantee.
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) For any grantee receiving Missouri
				Housing Trust Fund (MHTF) funds for an eligible use set forth in sections
				215.038(6)-(11),
				RSMo (as the same may be amended from time-to-time), prior to receiving any
				disbursements under a grant agreement for such funds, the grantee shall be
				required to execute and record a land use restriction agreement binding the use
				and transfer of the property for a period of eighteen (18) years following the
				final disbursement of MHTF funds under the grant agreement, or such longer
				period as the commission may require. The land use restriction agreement shall
				be in such form as the commission may prescribe.
(2) Any grantee receiving MHTF funds for the
				payment of rental subsidies as provided for under sections
				215.038
				(2)-(3), RSMo (as the same may be amended
				from time-to-time), shall, where such subsidies are awarded to a specific MHTF
				development owned by the grantee and not to a grantee that is an independent
				agency providing rental subsidies to qualified applicants, record a land use
				restriction agreement binding the use and transfer of the property for the
				duration of the grant agreement. The land use restriction agreement shall be in
				such form as the commission may prescribe.
(3) For any property benefiting from mortgage
				assistance payments provided for under sections
				215.038(12) or
				215.038(14), RSMo (as the same may be amended
				from time-to-time), if such assistance payments are made for six (6) or more
				consecutive months, the grantee receiving such assistance or providing
				assistance to an eligible person shall record a land use restriction agreement
				binding the use and transfer of the property for the greater of one (1) year or
				the time period for which such assistance payments are received.
(4) Any individual receiving MHTF funds to
				finance repairs to their residence as provided for under section
				215.038(15),
				RSMo (as the same may be amended from time-to-time) (which grants shall not
				exceed the limits set forth in the application proposal guide), shall, prior to
				the disbursement of any grant funds, be required to record a regulatory
				agreement in such form as the commission may prescribe, which shall restrict
				the use and transfer of the property for the period(s) set forth in the
				applicable application proposal guide.
(5) Maintaining Adequate Housing Conditions
				for Tenants.
(A) All grantees are encouraged
				to provide housing of a similar quality and similar in amenities to market rate
				housing in the same area where the MHTF development is located.
(B) At a minimum, the MHTF development shall
				comply with the housing quality standards established by Title 24,
Code
				of Federal Regulations
, Part 982, 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 NW, 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.
(C) All MHTF developments must meet local
				building codes, ordinances, zoning laws, and federal regulations that may be
				applicable.
(D) If the commission
				or any of its agents receives any report that a grantee is placing tenants or
				clients in physical danger due to substandard living conditions, the commission
				staff shall perform an immediate site visit to inspect the conditions
				identified in the complaint. If the complaints are confirmed, the commission
				and its staff shall take appropriate actions necessary up to and including
				recapture of MHTF fund and/or suspension or debarment of the grantee pursuant
				to 4 CSR 170-8.