reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 1 - General Provisions › Section 330:36-1-7 - National standards incorporated by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) The national standards for development of
				the OAHTC Program are hereby incorporated by reference, including Code Section
				42 and all federal regulations, promulgated thereunder, including, but not
				limited to,
				26
				CFR Sections 1.42-5,
				1.42-6,
				1.42-11,
				1.42-13
				and
				1.42-17.
(b) Copies of Code Section 42 and applicable
				federal regulations may be obtained from OHFA, during regular business hours
				Monday through Friday 8:00 a.m. to 4:45 p.m., excluding legal holidays. They
				can also be accessed at www.ohfa.org.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 18 Ok Reg 1003, eff 3-14-01 (emergency); Amended at 18
				  Ok Reg 3055, eff 7-12-01; Amended at 21 Ok Reg 2280, eff 1-2-05; Amended at 28
				  Ok Reg 1658, eff 1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 1 - General Provisions › Section 330:36-1-9 - Regulatory Agreement/Compliance Manual/Compliance with Applicable Laws

Current through Vol. 41, No. 20, July 1, 2024
(a)
Regulatory Agreement.
TCA recipients must enter into a written
				Regulatory Agreement with OHFA. Requirements, procedures, and processes
				provided in the applicable Regulatory Agreement and amendments to it shall
				apply to Developments and the Owner(s) thereof.
(b)
Compliance Manual.
OHFA
				shall provide each Owner, upon request, with a Compliance Manual, at a cost
				sufficient to defray the cost of production. The Compliance Manual will also be
				available on OHFA's website at
www.ohfa.org
.
(c)
Compliance with Applicable
				Laws.
The Applicant, the Development, the Owner(s) of the Development,
				the Development Team and the Affiliates of each must comply with all applicable
				federal, State and local laws, rules, regulations and ordinances, including but
				not limited to, Code Section 42, and regulations promulgated thereunder, the
				Oklahoma Landlord Tenant Act, the Titles VI and VII of the Civil Rights Act of
				1964, as amended and Title VIII of the Civil Rights Act of 1968, as amended.
				Neither the Applicant, the Owner(s) of a Development, the Development Team nor
				the Affiliates of each shall discriminate on the basis of race, creed,
				religion, national origin, ethnic background, age, sex, familial status or
				disability in the lease, use or occupancy of the Development or in connection
				with the employment or application for employment of Persons for the operation
				and/or management of any Development. The Owner(s) of a Development will be
				required to covenant and agree in the Regulatory Agreement to comply fully with
				the requirements of the Fair Housing Act as it may from time to time be
				amended, for the time period as promised in the Application.
Added at 17 Ok Reg 1239, eff 10-1-00; Amended at 18 Ok Reg
					 1003, eff 3-14-01 (emergency); Amended at 18 Ok Reg 3055, eff 7-12-01; Amended
					 at 20 Ok Reg 2439, eff 1-1-04; Amended at 21 Ok Reg 2280, eff 1-2-05; Amended
					 at 22 Ok Reg 2579, eff 1-2-06; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended
					 at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg 1993, eff
					 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 1 - General Provisions › Section 330:36-1-11 - Technical assistance

Current through Vol. 41, No. 20, July 1, 2024
OHFA will, from time to time, provide OAHTC Program technical
				  assistance regarding the Code, these Rules, the AP and their implementation and
				  proposed Development concepts.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 20 Ok Reg 2439, eff 1-1-04; Amended at 21 Ok Reg 2280,
				  eff 1-2-05; Amended at 28 Ok Reg 1658, eff
				  1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-1 - TCAs distribution

Current through Vol. 41, No. 20, July 1, 2024
(a)
				OAHTCs allocated annually to the State by the IRS shall be awarded to
				Applicants selected through a formal Application process governed by the
				Qualified Allocation Plan (QAP).
(b) TCAs will be awarded according to the
				Act, Code, these Chapter 36 Rules, the AP, and at the discretion of the
				Trustees, by their formal action, giving consideration to Staff recommendation
				following a thorough review and financial feasibility analysis.
(c) The Trustees reserve the right, to
				consider and make an award of TCAs at any time as the Trustees, in their sole
				discretion, deem such award appropriate under the circumstances and facts
				presented to them. Approval of such an award shall be at a regularly scheduled
				or special meeting of the Trustees and shall be made by formal action, giving
				consideration to Staff review and recommendations.
(d) The AP shall be made available to parties
				considering the filing of an Application and interested parties upon request.
				The AP can be accessed at OHFA's website,
www.ohfa.org
.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 20 Ok Reg 2439, eff 1-1-04; Amended at 21 Ok Reg 2280,
				  eff 1-2-05; Amended at 22 Ok Reg 2579, eff 1-2-06; Amended at 23 Ok Reg 2960,
				  eff 1-2-07; Amended at 26 Ok Reg 303, eff 11-20-08 (emergency); Amended at 26
				  Ok Reg 1208, eff 7-1-09; Amended at 26 Ok Reg 2540, eff 1-1-10; Amended at 28
				  Ok Reg 1658, eff 1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-2 - Additional Credits

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Guidelines for Applications for additional Credits may be established in the
				AP. Limitations may be placed on types of Developments, amount of additional
				Credits, or type of Applications.
(b) The timing of acceptance of Applications
				for additional Credits may also be established in the AP.
Reserved at 17 Ok Reg
				  1239, eff 10-1-00; Added at 19 Ok Reg 643, eff 1-17-02 (emergency); Added at 19
				  Ok Reg 1104, eff 7-11-02; Amended at 20 Ok Reg 2439, eff 1-1-04; Amended at 21
				  Ok Reg 2280, eff 1-2-05; Amended at 22 Ok Reg 2579, eff 1-2-06; Amended at 23
				  Ok Reg 2960, eff 1-2-07; Amended at 26 Ok Reg 303, eff 11-20-08 (emergency);
				  Amended at 26 Ok Reg 1208, eff 7-1-09; Amended at 28 Ok Reg 1658, eff
				  1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-3 - Set-aside categories for TCAs

Current through Vol. 41, No. 20, July 1, 2024
(a) The annual allocation of OAHTC Program
				tax Credits made available to the State may be divided into various set-aside
				categories, including but not necessarily limited to, Nonprofits, New
				Construction, Rehabilitation, and such other categories as the Trustees, in
				their complete discretion, may adopt from time to time for inclusion in the AP.
				Nonprofits competing in the Nonprofit set-aside must comply with the definition
				of Nonprofit Sponsored Development in these Chapter 36 Rules.
(b) Specific set-aside categories and amounts
				for each category may be determined from time to time by formal action of the
				Trustees and shall be set out in the AP. The Trustees may, in their sole
				discretion, modify the amount of the State's annual allocation of Credits
				devoted to any set-aside, if they determine that the housing needs of the State
				so warrant, except for the maximum ninety percent (90%) allocation limitation
				to those other than Nonprofits as required by the Code.
Added at 17 Ok Reg 1239, eff 10-1-00; Amended at 21 Ok Reg
					 2280, eff 1-2-05; Amended at 22 Ok Reg 2579, eff 1-2-06; Amended at 23 Ok Reg
					 2960, eff 1-2-07; Amended at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg
					 1994, eff 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-5 - Geographic Allocation of TCAs

Current through Vol. 41, No. 20, July 1, 2024
OHFA's jurisdiction for location of Developments shall be
				  the entire State of Oklahoma, and, subject to the priorities established from
				  time to time in the AP, OHFA may make awards of TCAs throughout the
				  State.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended at 28 Ok Reg 1658,
				  eff 1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-7 - Award amounts

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				maximum TCA for any one Development proposal shall be established in the
				AP.
(b) TCAs may be for amounts
				less than applied for based upon OHFA's financial and feasibility analyses. In
				order to make the most efficient, equitable and practicable utilization of the
				State's tax Credit allocation, the Trustees of OHFA may approve, giving
				consideration to the recommendations of OHFA's staff, the utilization of
				funding from other housing programs administered by OHFA which may also result
				in a decrease in the amount of the TCA approved.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended at 26 Ok Reg 303,
				  eff 11-20-08 (emergency); Amended at 26 Ok Reg 1208, eff 7-1-09; Amended at 27
				  Ok Reg 1812, eff 7-1-10; Amended at 28 Ok Reg 1658, eff
				  1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-9 - Reallocation of additional tax Credits

Current through Vol. 41, No. 20, July 1, 2024
(a) Additional tax Credits may become
				available for the award of TCAs as the result of:
(1) Development cancellations;
(2) Developments completed under original
				cost estimates;
(3) Credits
				Allocated but not utilized; or,
(4)
				Other circumstances.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-11 - OHFA Development notification

Current through Vol. 41, No. 20, July 1, 2024
(a) OHFA shall, within fifteen (15) business
				days of receipt of an Application, notify, in writing, by certified mail or
				other form of traceable delivery system to provide proof of transmission and
				receipt, the Mayor or highest elected official, or if neither of the
				aforementioned exist, the Chief Executive Officer of each Local Governing Body
				of the jurisdiction within which the proposed Development is located at the
				time of Application and the legislators who are entitled to such Notice,
				regarding the characteristics of the proposed Development located within their
				jurisdiction/district. All comments received from said Mayor or highest elected
				official, or if neither of the aforementioned exists, the Chief Executive
				Officer and/or legislator(s) will be presented to the Trustees for their
				consideration when reviewing a request for an Allocation of Credits.
(b) If the Application is considered at a
				different Trustees meeting than in the notice, this notification requirement is
				considered to be met.
Added at 17 Ok Reg 1239, eff 10-1-00; Amended at 21 Ok Reg
					 2280, eff 1-2-05; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended at 26 Ok Reg
					 303, eff 11-20-08 (emergency); Amended at 26 Ok Reg 1208, eff 7-1-09; Amended
					 at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg 1994, eff
					 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-12 - Communications with OHFA during Application Review

Current through Vol. 41, No. 20, July 1, 2024
(a)
Communications with OHFA Employees.
Following submission of an
				Application, neither the Applicant, any representative or Affiliate of the
				Applicant, nor any member of the Development Team shall contact any OHFA
				employee, concerning the Application nor any other Applications filed. OHFA
				reserves the right, in OHFA's sole discretion, to contact the contact person(s)
				identified by the Applicant for the purpose of clarifying any matter.
(b)
No Ex Parte Communications with the
				Board of Trustees of OHFA.
Neither an Applicant, any representative or
				Affiliate of the Applicant, any member of the Development Team, nor members of
				the public shall communicate, directly or indirectly, with the Trustees
				regarding an Application under consideration by OHFA except upon notice and
				opportunity for all parties to participate. Applicants and others who wish to
				communicate with the Trustees must follow the specific steps as set forth in
				330:36-2-13.1.
(c)
Preliminary Review Report.
Following the release of the preliminary Review Report, the Applicant may
				submit questions or request clarification concerning the preliminary Review
				Report. All such questions or inquiries must be in writing and addressed to the
				Staff member designated in the cover letter accompanying the preliminary Review
				Report. These questions may be submitted electronically. OHFA reserves the
				right to grant or deny requests for meetings with the Staff of OHFA at any time
				during the Application process. Any and all requests must be in
				writing.
(d)
Final Review
				Report.
Upon issuance of the final Review Report by OHFA, communications
				with OHFA shall be made in the manner and time set forth in
				330:36-2-13.
(e)
Noncompliance.
Failure to
				comply with this subsection 330:36-2-12 may result in termination of the review
				process and denial of the Application.
Reserved at 20 Ok Reg 2439, eff 1-1-04; Added at 22 Ok Reg
					 2579, eff 1-2-06; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended at 24 Ok Reg
					 2539, eff 1-1-08; Amended at 26 Ok Reg 2540, eff 1-1-10; Amended at 28 Ok Reg
					 1658, eff 1-1-12; Amended at 30 Ok Reg 1994, eff
					 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-13 - Preliminary Review Reports

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Upon completion of its review of all Applications, OHFA will forward OHFA's
				preliminary Review Report to the contact person identified by the Applicant in
				the Application.
(b) The Applicant
				must provide OHFA with any information requested by OHFA in the preliminary
				Review Report or other clarifying information by the deadline given in the
				cover letter accompanying the preliminary Review Report. Neither the Staff nor
				the Trustees will be required to consider a late response to the preliminary
				Review Report.
(c) In the event
				the Applicant disputes any matter contained in the preliminary Review Report,
				including without limitation any finding, determination, recommendation or
				scoring by OHFA, the Applicant's response to the Review Report must identify
				with specificity the disputed matter, finding, determination, recommendation,
				scoring, etc., and the Applicant's reason for disputing same, including any
				evidence which controverts the Review Report. Any applicable statutes, rules,
				regulations or ordinances should be cited. Documentary evidence should be
				attached.
(d) Failure to respond
				or dispute a finding or determination in the preliminary Review Report shall be
				deemed the acceptance of the finding or determination by the Applicant.
(e) The Applicant's response to
				the preliminary Review Report must be in writing. Refer to the AP for response
				submittal method.
Added at 20 Ok Reg 2439, eff 1-1-04; Amended at 21 Ok Reg
					 2280, eff 1-2-05; Amended at 22 Ok Reg 2579, eff 1-2-06; Amended at 23 Ok Reg
					 2960, eff 1-2-07; Amended at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg
					 1994, eff 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-13.1 - Final Review Report

Current through Vol. 41, No. 20, July 1, 2024
(a) The Staff of OHFA will consider the Applicant's response to the preliminary Review Report prior to issuing the final Review Report and making its recommendations to the Trustees. The Applicant will be informed of Staff's recommendations prior to the meeting of the Trustees where the Application is being considered. OHFA will forward OHFA's final Review Report to the contact person identified by the Applicant in the Application.
(b) The final Review Report may be adopted by the Trustees, including Staff's recommendations and exclusion of any additional documentation proffered by the Applicant for consideration of the Application by the Trustees.
(c) In the event the Applicant disputes any matter contained in the final Review Report, Applicants must file ten (10) copies of any response(s) to the final Review Report or other information they wish the Trustees to consider not less than three business days prior to the commencement of the meeting where the Application will be considered. In addition to the hard copies, Applicants must submit an electronic version of the response. If both the hard copy and the electronic version are not received, the responses will not be accepted or considered by the Staff or the Trustees.
Added at 23 Ok Reg 2960, eff 1-2-07; Amended at 27 Ok Reg
					 1812, eff 7-1-10; Amended at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg
					 1994, eff 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-15 - Communications with OHFA during Application Review [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 20 Ok Reg 2439,
				  eff 1-1-04; Amended at 21 Ok Reg 2280, eff 1-2-05; Revoked at 22 Ok Reg 2579,
				  eff 1-2-06
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-16 - Carryover Allocations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Code reference.
Code Section 42(h)(1)(E) provides that an
				Allocation may be made to a Qualified Building, as defined by Section
				42(h)(1)(E)(ii), which has not yet been Placed-In-Service, provided the
				Qualified Building is Placed-In-Service not later than the close of the second
				calendar year following the calendar year of the Allocation.
(b)
Carryover Allocation
				applications.
Owners must submit a carryover application and required
				documents at a date specified by OHFA staff. The Owner must satisfy all
				requirements of the Code and OHFA staff.
(c)
Carryover Allocation basis.
To qualify for a Carryover Allocation, the Owner must demonstrate that the
				Owner's basis in the Development, at one (1) calendar year after the date of
				Allocation, is more than ten percent (10%) of the Owner's reasonably expected
				basis in the Development. Developments that fail to meet the ten percent (10%)
				test will not have a valid Carryover Allocation. The ten percent (10%) test
				must be certified by the Owner's certified public accountant, in a form
				acceptable to OHFA. OHFA's determination as to the satisfaction of the ten
				percent (10%) requirement is not binding upon the IRS and does not constitute a
				representation by OHFA to the taxpayer or any other party to that effect.
(d)
Carryover Allocation
				Agreement.
The Owner must submit to OHFA an executed Carryover
				Allocation Agreement, in a form and at a date specified by OHFA.
(e)
Notification of Placed-In-Service
				date.
Applicant must notify OHFA within thirty (30) calendar days of the
				date the Building(s) is/are Placed-In-Service. Notice will consist of
				submission of copies of the permanent Certificates of Occupancy for each
				Building and completion of any and all forms as may be required in the AP.
(f)
Development based
				Allocation.
An Allocation pursuant to Code Section 42(h)(1)(F) must meet
				the requirements of Code Section 42(h)(1)(F), all applicable Treasury
				Regulations, and these Chapter 36 Rules.
Added at 21 Ok Reg 2280,
				  eff 1-2-05; Amended at 22 Ok Reg 2579, eff 1-2-06; Amended at 26 Ok Reg 303,
				  eff 11-20-08 (emergency); Amended at 26 Ok Reg 1208, eff 7-1-09; Amended at 28
				  Ok Reg 1658, eff 1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 2 - Allocation Procedures › Section 330:36-2-17 - Final Allocations

Current through Vol. 41, No. 20, July 1, 2024
(a)
Deadline for filing.
Owner's request for approval of the Final
				Allocation must be received by OHFA at such date as OHFA may specify in writing
				to the Owner. Failure to file a timely Final Allocation accompanied by all
				required documentation may result in the denial of the Final Allocation and a
				determination by the Trustees that the Credits have been returned by the
				Applicant.
(b)
Complete
				filing.
The Final Allocation must be accompanied by all evidence or
				documentation required by the Program Rules then in effect, and such other
				information or documentation which may be requested by OHFA, in its sole
				discretion, to verify compliance with the Code, the Program Rules and the
				Resolutions, and to verify the amount of the Final Allocation. A complete and
				executed Regulatory Agreement in the form provided by OHFA and ready for
				filing, together with the appropriate fees, including without limitation
				applicable filing, must be filed with the Final Allocation. The Regulatory
				Agreement shall contain provisions for regulation and enforcement by OHFA and
				such additional provisions as may be necessary to assure compliance with
				Section 42 of the Code or to give effect to the requirements of OHFA.
(c)
Additional
				requirements.
In addition to the opinions and Certifications of
				professionals which may be required to be filed with OHFA pursuant to
				330:36-2-16
				in connection with a request for a Carryover Allocation, prior to making a
				Final Allocation, OHFA will require:
(1) An
				audited Certification of the Total Development Costs, and the Eligible Basis
				and qualified basis of each Building in the Development and the sources and
				uses of funds for the Development prepared by an independent certified public
				accountant.
(2) All opinions must
				be in a form satisfactory to OHFA and must indicate that the professional has
				made an independent inquiry into the matters contained therein.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-1 - General requirements and responsibilities [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-2 - Qualification requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-3 - Ineligible Projects [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-4 - Nonprofit set-aside [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-5 - Low-Income Unit minimum set-aside election [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-6 - Rent limitations on subsidized Units [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-7 - Credit rate [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-8 - Carryover Allocations and credit returns [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Revoked at 13 Ok
				  Reg 2965, eff 7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-9 - HUD subsidy layering guidelines [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 3199,
				  eff 7-15-94; Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 3 - Low Income Housing Tax Credits › Section 330:36-3-10 - Limitation on fees and costs [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 11 Ok Reg 3199,
				  eff 7-15-94; Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 4 - Development Applications and Selection › Section 330:36-4-1 - Development Applications

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of selecting Applicants and Developments for
				  awards of TCAs all Applicants must submit an Application in the form prescribed
				  in the AP. The Application shall set forth, in a clear and concise manner,
				  Threshold and Selection Criteria that conform to the Code, these Chapter 36
				  Rules, QAP, and the AP. All Applications submitted to OHFA must contain
				  sufficient information to permit OHFA staff to:
(1) Make a factual determination as to
				whether, on its face, the Application satisfies each of the applicable
				Threshold Criteria, including underwriting standards set forth in the AP;
				and
(2) Make a factual
				determination as to whether, on its face, the Application is to be evaluated
				under any set-aside category established by the AP; and
(3) Conduct a review, assessment, and
				evaluation for selection as described in the AP.
Added at 17 Ok Reg 1239,
				  eff 10-1-00; Amended at 23 Ok Reg 2960, eff 1-2-07; Amended at 28 Ok Reg 1658,
				  eff 1-1-12
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 4 - Development Applications and Selection › Section 330:36-4-1.1 - Bond financed Developments

Current through Vol. 41, No. 20, July 1, 2024
(a) Tax-exempt bond Developments financed with the proceeds of tax-exempt bonds adhering to guidelines established by federal legislation and/or the IRS, adopted by OHFA, and subject to the private activity bond volume cap are required to comply with all the requirements of these Rules with the exception of the competitive selection process.
(b) Code requirements for bond financed Developments must be met in addition to the AHTC requirements, i.e., rental units, rents, student exemptions, Transfers on site, occupancy changes, verification of assets.
(c) Deadlines for the submission of Applications for bond financed Developments will be established in the AP.
Added at 23 Ok Reg 2960, eff 1-2-07; Amended at 24 Ok Reg
					 2539, eff 1-1-08; Amended at 28 Ok Reg 1658, eff 1-1-12; Amended at 30 Ok Reg
					 1995, eff 1-1-14
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 4 - Development Applications and Selection › Section 330:36-4-2.1 - General program requirements and limitations

Current through Vol. 41, No. 20, July 1, 2024
(a)
General. [RESERVED]
(b)
Developer Fee limitations.
The amount of allowable Developer Fees shall be established in the AP.
(c)
Contractor Fee limitation.
Allowable contractor fees shall be established in the AP.
(d)
Underwriting standards.
(1)
Total reserves.
(A) Minimum reserves will be established in the AP.
(B) Minimum replacement reserves will be established in the AP.
(C) Developer guarantees or letters of credit may be accepted in lieu of operating reserves, at the discretion of OHFA. The Developer must demonstrate financial capacity and liquidity. OHFA will also consider the Developer's performance record and the number of other guarantees outstanding.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-1 - Application and Allocation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Added at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Revoked at 13 Ok Reg 2965, eff
				  7-12-96
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-1.1 - Reservation and allocation [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-96; Amended at 13 Ok Reg 3479, eff 7-19-96 (emergency); Amended at 14
				  Ok Reg 2642, eff 6-26-97; Amended at 15 Ok Reg 1995, eff 5-26-98; Revoked at 17
				  Ok Reg 1239, eff 10-1-00
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-2 - Application requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency); Amended at 13 Ok Reg 1309, eff 3-26-96
				  (emergency); Amended at 13 Ok Reg 2965, eff 7-12-96; Amended at 13 Ok Reg 3479,
				  eff 7-19-96 (emergency); Amended at 14 Ok Reg 2642, eff 6-26-97; Amended at 15
				  Ok Reg 1995, eff 5-26-98; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-3 - Review of Applications [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency)1; Revoked at 13 Ok
				  Reg 2965, eff 7-12-96
1This emergency action added a
				  new rule called "Local Chief Executive Officer notice," which was incorrectly
				  numbered at this Section number (330:36-5-3). In a later permanent action, the
				  rule "Local Chief Executive Officer notice" was added and codified at an unused
				  Section number (330:36-5-3.1).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-3.1 - Local Chief Executive Officer notice [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-961; Amended at 13 Ok Reg 3479, eff 7-19-96
				  (emergency); Amended at 14 Ok Reg 2642, eff 6-26-97; Revoked at 17 Ok Reg 1239,
				  eff 10-1-00
1This permanent action
				  supersedes an emergency action [12 Ok Reg 1083] which added a new rule at a
				  Section number that had already been used
				  (330:36-5-3).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-4 - Selection criteria points [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency)1; Revoked at 13 Ok
				  Reg 2965, eff 7-12-96
1This emergency action also
				  added a new rule called "Allocation procedures" which was incorrectly numbered
				  at this Section number (330:36-5-4). In a later permanent action, the rule
				  called "Allocation procedures" was added and codified at an unused Section
				  number (330:36-5-4.1).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-4.1 - Allocation procedures [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-961; Amended at 13 Ok Reg 3479, eff 7-19-96
				  (emergency); Amended at 14 Ok Reg 2642, eff 6-26-97; Amended at 15 Ok Reg 1995,
				  eff 5-26-98; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
1This permanent action
				  supersedes an emergency action [12 Ok Reg 1083] which added a new rule at a
				  Section number that had already been used
				  (330:36-5-4).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-5 - Regulatory Agreement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended as
				  330:36-5-10 at 12 Ok Reg 1083, eff 4-5-95
				  (emergency)1; Revoked at 13 Ok Reg 2965, eff
				  7-12-96
1This emergency action also
				  added a new rule called "Threshold requirements," which was incorrectly
				  numbered at this Section number (330:36-5-5). In a later permanent action, the
				  rule called "Threshold requirements" was added and codified at an unused
				  Section number (330:36-5-5.1).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-5.1 - Threshold requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-961; Amended at 13 Ok Reg 3479, eff 7-19-96
				  (emergency); Amended at 14 Ok Reg 2642, eff 6-26-97; Amended at 15 Ok Reg 1995,
				  eff 5-26-98; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
1This permanent action
				  supersedes an emergency action [12 Ok Reg 1083] which added a new rule at a
				  Section number that had already been used
				  (330:36-5-5).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-6 - Conflict of interest [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency)1; Revoked at 13 Ok
				  Reg 2965, eff 7-12-96
1This emergency action also
				  added a new rule called "Selection criteria points" (330:36-5-4), which was
				  incorrectly numbered at this Section number (330:36-5-6). In a later permanent
				  action, 330:36-5-4 was revoked and a rule called "Selection criteria" was added
				  and codified at an unused Section number
				  (330:36-5-6.1).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-6.1 - Selection criteria [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-961; Amended at 14 Ok Reg 2642, eff
				  6-26-97; Amended at 15 Ok Reg 1995, eff 5-26-98; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
1This permanent action
				  supersedes an emergency amendatory action [12 Ok Reg 1083] which was
				  incorrectly numbered as 330:36-5-6 instead of
				  330:36-5-4.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-7 - Fees [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 10 Ok Reg 3925,
				  eff 6-25-93 (emergency); Added at 11 Ok Reg 3199, eff 7-15-94; Amended at 12 Ok
				  Reg 1083, eff 4-5-95 (emergency)1; Revoked at 13 Ok
				  Reg 2965, eff 7-12-96
1This emergency action also
				  added a new rule called "Financial feasibility analysis," which was incorrectly
				  numbered at this Section number (330:36-5-7). In a later permanent action, the
				  rule called "Financial feasibility analysis" was added and codified at an
				  unused Section number (330:36-5-7.1).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-7.1 - Financial feasibility analysis [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 13 Ok Reg 2965,
				  eff 7-12-961; Amended at 14 Ok Reg 2642, eff
				  6-26-97; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
1This permanent action
				  supersedes an emergency action [12 Ok Reg 1083] which added a new rule at a
				  Section number that had already been used
				  (330:36-5-7).
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-8 - Additional requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1083,
				  eff 4-5-95 (emergency); Added at 13 Ok Reg 2965, eff 7-12-96; Amended at 14 Ok
				  Reg 2642, eff 6-26-97; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-9 - Carryover Allocations and Credit returns [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1083,
				  eff 4-5-95 (emergency); Added at 13 Ok Reg 2965, eff 7-12-96; Amended at 14 Ok
				  Reg 2642, eff 6-26-97; Amended at 15 Ok Reg 1995, eff 5-26-98; Revoked at 17 Ok
				  Reg 1239, eff 10-1-00
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-10 - Regulatory Agreement [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 12 Ok Reg
				  1083, eff 4-5-95 (emergency)1; Added at 13 Ok Reg
				  2965, eff 7-12-96; Amended at 14 Ok Reg 2642, eff 6-26-97; Revoked at 17 Ok Reg
				  1239, eff 10-1-00
1Previously numbered and
				  amended at 330:36-5-5.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-11 - Transfer restrictions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1083,
				  eff 4-5-95 (emergency); Added at 13 Ok Reg 2965, eff 7-12-96; Revoked at 17 Ok
				  Reg 1239, eff 10-1-00
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-12 - Conflict of interest [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1083,
				  eff 4-5-95 (emergency)1; Added at 13 Ok Reg 2965,
				  eff 7-12-96; Revoked at 17 Ok Reg 1239, eff
				  10-1-00
1Previously numbered at
				  330:36-5-6.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 5 - Application, Reservation and Allocation Procedure › Section 330:36-5-13 - Fees [AMENDED AND RENUMBERED TO 330:36-4-3]

Current through Vol. 41, No. 20, July 1, 2024
Added at 12 Ok Reg 1083,
				  eff 4-5-95 (emergency)1; Added at 13 Ok Reg 2965,
				  eff 7-12-96; Amended at 14 Ok Reg 2642, eff 6-26-97; Amended and renumbered to
				  330:36-4-3 at 17 Ok Reg 1239, eff 10-1-00
1Previously numbered at
				  330:36-5-7.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 6 - Program Administration › Section 330:36-6-1 - Program violations and revocation

Current through Vol. 41, No. 20, July 1, 2024
(a) The following are violations of OAHTC Program policies and procedures and these OAHTC Program Rules:
(1) The filing of false information in an Application and/or a Development report;
(2) Failure of an Applicant or Owner, as the case may be, to satisfy any of the requirements of the Code, applicable State or federal statutes, rules or regulations, these OAHTC Program Rules, or any requirements contained in the AP, or any Commitments made in the Application upon which the award of a TCA was based;
(3) Breach of any of the terms, conditions, obligations, covenants, warranties, or representations of the Owner or Applicant contained in the Regulatory Agreement and/or the Carryover Allocation Agreement or the breach of any terms conditions, obligations or requirements set forth in any Resolution of the Trustees pertaining to the Applicant/Owner or the Development;
(4) Notice by OHFA to the Owner that significant corrective actions are necessary to protect the integrity of the Development and that such corrective actions have not been, or cannot be, effected within a reasonable time, in the judgment of OHFA staff;
(5) An administrative or judicial determination that the Applicant or Owner has committed fraud, waste, or mismanagement in any current or prior State or federally funded project;
(6) From and after the date of the filing of the Application, failure to notify OHFA of any material changes effecting the proposed Development, including, but not limited to, modifications to any representations contained in the Application, any amendments or modifications of the financing plan, syndicators or equity partners or any other Threshold requirement and/or changes in Development Team Members, contractors, property managers, etc. Notification must be filed with OHFA not less than sixty (60) calendar days prior to the proposed change. Approval by the Trustees is required for any changes or amendments involving the ownership or Control of the Development or the Owner after the Application is filed. This would include, but not be limited to, changes or Transfers of the Development, changes or modifications of the ownership or composition of the general partner entity (i.e. addition or removal of members, partners, stockholders, etc.), any addition, substitution, withdrawal or removal of any general partner. Other amendments may be handled administratively by staff, although staff reserves the right to refer any amendments to the Trustees for their consideration; or
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 36 - Affordable Housing Tax Credit Program › Subchapter 6 - Program Administration › Section 330:36-6-3 - Corrective and remedial actions

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon a determination by OHFA staff that a
				violation has occurred during the Application stages or prior to the filing of
				the Regulatory Agreement, OHFA may take any one or more of the following
				actions when the cited violations are not corrected in a timely manner:
(1) Condition Regulatory
				Agreements;
(2) Withhold
				Allocations of tax Credits;
(3)
				Reduce the total amount of the tax Credit award;
(4) Require the return of unused tax
				Credits;
(5) Deny future program
				Applications and participation for a specified period of time as determined by
				OHFA;
(6) Indefinitely suspend from
				program participation;
(7) File an
				action for specific performance; and/or
(8) Notify the IRS.