reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The intent of the Home Investment Partnerships Program (HOME)
				  Program is to strengthen public private partnerships and increase the supply of
				  decent, safe, sanitary, and affordable housing opportunities, for low-income
				  and very low-income persons.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2004, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The HOME Program is authorized by the Cranston-Gonzalez
				  National Affordable Housing Act (Title II,
				  Pub. L.
				  101-625,
				  42 U.S.C.,
				  12701 -
				  12839
				  ). The Oklahoma Housing Finance Agency (OHFA) has been designated as the State
				  Participating Jurisdiction for the State of Oklahoma for purposes of
				  administering the State's HOME Program.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2004, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-3 - Scope

Current through Vol. 41, No. 20, July 1, 2024
(a) During each
				Program Year , financial assistance will be made available to eligible units of
				local government, non-profit organizations and other eligible entities for the
				purpose of implementing specific activities that further the stated purpose of
				the HOME Program.
(b) Eligible
				units of local government are incorporated cities/towns and counties that are
				not designated Participating Jurisdictions in the HOME Program. Eligible
				non-profit organizations are Community Action Agencies and those entities which
				have been officially acknowledged by OHFA as Community Housing Development
				Organizations (CHDOs) pursuant to CFR Part 92.2 ,and other nonprofit housing
				development organizations.
(c)
				Under certain circumstances, for-profit housing developers may be permitted to
				utilize HOME Program Funds as set forth in the Action Plan and/or the Annual
				HOME Program Application Packet. However, OHFA reserves the right to restrict
				for-profit developers from the use of some or all of OHFA's annual allocation
				of HOME Program funds as OHFA deems in the best interest of the State of
				Oklahoma.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2005, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-5 - National standards incorporated by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) The national standards for development of
				the Annual Program Description are hereby incorporated by reference. The
				standards are codified at
				42 U.S.C.
				12701 -
				12839;
				and in the regulations promulgated thereunder by HUD to implement the HOME
				Program, as amended, published at 24 CFR Part 92 Sections 92.1 et
				seq.
(b) Copies of these federal
				laws and 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.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-6 - Implementation Manual

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Awardees must enter into a Written Agreement with OHFA containing all
				requirements of the Final Rule. OHFA shall make available to each Awardee a
				HOME Program Implementation Manual. All or part of the Implementation Manual
				may be made available in the form of electronic documents if deemed appropriate
				by OHFA.
(b) Requirements,
				procedures, and processes provided in the HOME Program Implementation Manual,
				and amendments to same shall apply to all HOME Program funded Projects
				.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 1 - General Provisions › Section 330:55-1-7 - Technical assistance

Current through Vol. 41, No. 20, July 1, 2024
OHFA shall designate staff members who shall be available to
				  provide general HOME Program technical assistance regarding proposed Project
				  concepts and HOME Program implementation.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-1 - Funds distribution

Current through Vol. 41, No. 20, July 1, 2024
(a) HOME
				Funds allocated annually to the State by HUD shall be awarded to eligible
				Applicants through a formal application process. Submission requirements for
				Project applications will be developed annually by OHFA in connection with the
				Annual Program Description and described in the Annual HOME Program Application
				Packet.
(b) HOME Funds will be
				awarded according to the Act, federal regulations and guidelines, the Annual
				Program Description , and the Annual HOME Program Application Packet.
(c) The Annual Program Description and the
				Annual HOME Program Application Packet shall be made available to eligible
				Applicants and interested parties upon request. The Annual HOME Program
				Application Packet will also be available on OHFA's website,
www.ohfa.org
. Requests for the Annual Program
				Description and/or application packets should be directed to OHFA HOME Program
				Staff.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-2 - Funding activities

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				annual allocation of HOME Program Funds made available to the State by HUD
				shall be divided into various eligible program activities. The amount of the
				annual State allocation devoted to each eligible activity will be determined by
				HUD and OHFA and will be set out in the Annual Program Description.
(b) Administrative funds will be used to
				support overall HOME Program delivery and operation activities.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-3 - Geographic allocation of funds

Current through Vol. 41, No. 20, July 1, 2024
OHFA will make awards of HOME Program Funds throughout the
				  State. OHFA will not award HOME funding to entitlement cities that receive
				  their own annual allocation of HOME Program funds.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2006, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-4 - Award amounts

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Maximum award amounts for each eligible activity may be established annually to
				insure maximum utilization of the State's allocation of HOME Funds and the
				widest distribution of HOME assistance.
(b) Award maximums applicable to program
				activities shall apply to all applications and awards made in that Program
				Year.
Added at 16 Ok Reg 539,
				  eff 11-17-98 (emergency); Added at 16 Ok Reg 2906, eff
				  7-12-99
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-5 - Partial funding

Current through Vol. 41, No. 20, July 1, 2024
OHFA reserves the right within its discretionary authority to
				  adjust HOME Program application award maximums based on the most efficient,
				  equitable and practicable utilization of the State's allocated
				  funds.
Added at 16 Ok Reg 539,
				  eff 11-17-98 (emergency); Added at 16 Ok Reg 2906, eff
				  7-12-99
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 3 - Funds › Section 330:55-3-6 - Reallocation of additional program funds

Current through Vol. 41, No. 20, July 1, 2024
(a) Annually, additional funds for HOME
				Program projects may become available as the result of:
(1) Project cancellations;
(2) Projects completed under original cost
				estimates;
(3) Funds allocated but
				not utilized; or,
(4) Other
				circumstances.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 5 - Project Application and Selection › Section 330:55-5-1 - Project applications

Current through Vol. 41, No. 20, July 1, 2024
Eligible Applicants seeking HOME Program funding must submit
				  a written application in the form prescribed in the Annual HOME Program
				  Application Packet. All applications will be required to contain sufficient
				  information to permit OHFA to conduct a review and assessment, and selection as
				  described in the Annual HOME Program Application Packet and Annual Program
				  Description.
330:55-5-2.
Applicant selection
(a)
				For the purpose of selecting HOME Applicants for funding award, OHFA shall
				annually develop selection criteria, which conform to the program objectives
				and method of distribution described in The Annual Program
				Description.
(b) The criteria will
				be set forth in the Annual HOME Program Application Packet. The public will be
				informed of any proposed changes in the criteria and will have the opportunity
				to provide verbal and/or written comment on any changes prior to their
				implementation.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2007, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 5 - Project Application and Selection › Section 330:55-5-2 - Applicant selection

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of selecting HOME applicants for funding
				  award, OHFA shall annually develop selection criteria, which conform to the
				  program objectives and method of distribution described in The Annual Program
				  Description.
Added at 16 Ok Reg 539,
				  eff 11-17-98 (emergency); Added at 16 Ok Reg 2906, eff
				  7-12-99
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 7 - Program Administration › Section 330:55-7-1 - Program Income

Current through Vol. 41, No. 20, July 1, 2024
(a) OHFA
				and all recipients of HOME funds shall comply with all federal regulations
				regarding Program Income.
(b) OHFA
				may restrict the use of Program Income as set forth in the Annual Program
				Description and/or the Annual HOME Program Application Packet.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2007, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 7 - Program Administration › Section 330:55-7-2 - Program violations

Current through Vol. 41, No. 20, July 1, 2024
Violations of HOME Program policies and procedures include
				  but are not limited to the following:
(1) The filing of false information in an
				application and/or Project report;
(2) Failure of a n Awardee to meet
				requirements of a federal statute, federal regulation, or these Title 330
				Chapter 55 rules;
(3) Deviation
				from the Written Agreement ;
(4)
				Notice by OHFA that significant corrective actions are necessary to protect the
				integrity of the Project funds, and that these corrective actions are not or
				cannot be effected within a reasonable time, in the judgment of
				OHFAstaff;
(5) An administrative or
				judicial determination that the Awardee has committed fraud, waste, or
				mismanagement in any current or prior State or federally funded
				project.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2007, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 7 - Program Administration › Section 330:55-7-3 - Corrective and remedial actions

Current through Vol. 41, No. 20, July 1, 2024
(a) Under any of the circumstances previously
				described as violations during the application stage or Written Agreement
				execution, the actions OHFA may take include but are not limited to the
				following:
(1) Condition Written Agreements
				;
(2) Withhold funds;
(3) Reduce the total amount of the
				HOMEProgram award;
(4) Require the
				return of unexpended funds;
(5)
				Cancel a Written Agreement and recover all funds expended in an ineligible
				manner prior to the date of notice of cancellation;
(6) Deny future HOMEProgram applications and
				participation in the HOME Program for a specified period of time as determined
				by OHFA.
(7) Indefinitely suspend
				from HOMEProgram participation.
(8)
				Notify HUD of violation of HOME Program policies and procedures.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 55 - Home Investment Partnerships Program Rules › Subchapter 7 - Program Administration › Section 330:55-7-5 - Review and appeals process

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applicants for HOME Program funding awards may review their applications and
				OHFA's application review documents any time after OHFA Staff has publicly
				released its funding recommendations . Written notice must be given to OHFA,
				and OHFA will have at least three (3) working days to grant any such requests
				for review. Written notice may be in electronic form.
(b) OHFA's Board of Trustees makes the final
				decisions regarding awards of HOME Program funds. Therefore, appeals of the
				funding recommendations of OHFA Staff must be made at the Board of Trustees
				meeting at which the applications are considered. Appeals cannot introduce new
				documentation that was not included with the original application for funds.
(c) The OHFA Board of Trustees
				will consider the Application, OHFA Staff's recommendations, the presentation
				of the Applicant, these HOME Program Rules (OAC 330:55), the Consolidated Plan,
				the HOME Program Description for the applicable Program Year, and the
				application process for the applicable Program Year for HOME funds. The
				procedures set forth in OAC 330:1 and Article II of the Oklahoma Administrative
				Procedures Act, 75 O.S., Sections 309,
et seq.
(the "OAPA")
				will be followed. The meeting will be considered an individual proceeding under
				the OAPA and the decision of the OHFA Board of Trustees will constitute a Final
				Order. No further appeals will be considered.
(d) The public may appear at any OHFA Board
				of Trustees meeting to speak on behalf of or in opposition to an award of HOME
				funds. Presentations by members of the public are subject to the limitations of
				time and scope imposed by the OHFA Board of Trustees pursuant to the procedures
				set forth in paragraph (c) above.
Added at 16 Ok Reg 539, eff 11-17-98 (emergency); Added at
					 16 Ok Reg 2906, eff 7-12-99; Amended at 30 Ok Reg 2008, eff
					 7-31-13
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of the Oklahoma Housing Trust Fund ("OHTF") is
				  to assist moderate and low-income people in obtaining safe, decent and
				  affordable housing with priority for such housing being given to low-income
				  households.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-2 - Authority

Current through Vol. 41, No. 20, July 1, 2024
The OHTF is authorized by Senate Bill number 786/74 O .S .
				  Supp 1997, Sections 2901.1 -2901.4, as amended. Oklahoma Housing Finance Agency
				  ("OHFA") has been designated as the State's administrative agency for purposes
				  of administering the Housing Trust Fund. When a conflict exists between these
				  Rules and the State Statute, the State Statute shall control.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-3 - Scope

Current through Vol. 41, No. 20, July 1, 2024
During each year, Funding will be made available to eligible
				  Applicants for the purpose of implementing specific Activities that further the
				  purpose of the Program.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-5 - Housing Trust Fund Contractors Implementation Manual [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Revoked at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-6 - Technical assistance

Current through Vol. 41, No. 20, July 1, 2024
OHFA will designate staff members who shall be available to
				  provide general technical assistance regarding proposed Activity concepts and
				  OHTF Program implementation.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 1 - General Provisions › Section 330:60-1-7 - Compliance with applicable laws

Current through Vol. 41, No. 20, July 1, 2024
(a) The Applicant, the Development, the
				Owner(s), 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, the Oklahoma Landlord Tenant Act, 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 Owners(s), 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. Owners(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 promised in the Application.
(b) Any awards by OHFA are subject to
				compliance with all applicable federal and State laws and all rules and
				regulations promulgated thereunder and all local ordinances, rules and
				regulations applicable to the Development, its financing, or any portion or
				aspect thereof.
(c) The Applicant
				and all members of the Development team and the Affiliates of each must be in
				compliance with, and good standing under, any OHFA program in which any may
				participate.
Added at 21 Ok Reg 2322,
				  eff 8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-1 - Funds distribution

Current through Vol. 41, No. 20, July 1, 2024
(a) OHFA
				shall award Funds through a formal Application process. Submission requirements
				for Applications will be developed periodically by OHFA and described in the
				published OHTF Application Packet.
(b) OHTF Funds will be awarded according to
				the State Statute, this Chapter's Rules, and the OHTF Application
				Packet.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff 8-1-04; Amended at 21 Ok Reg 2596,
				  eff 7-18-05
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-2 - Funding activities

Current through Vol. 41, No. 20, July 1, 2024
Eligible Funding Activities may include, but are not limited
				  to:
(1) New construction of rental and
				homeownership units.
(2) Conversion
				of non-residential buildings or structures into rental or homeownership
				units.
(3) Acquisition and/or
				rehabilitation of rental and homeownership units.
(4) Infrastructure development, when it is
				part of an affordable housing development.
(5) Rental assistance.
(6) Supportive services directly related to
				providing housing.
(7) Activities
				which make housing more accessible for Persons with disabilities.
(8) Down payment and/or closing costs
				assistance for eligible first time homebuyers.
(9) Other activities related to affordable
				housing.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff 8-1-04; Amended at 21 Ok Reg 2596,
				  eff 7-18-05
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-3 - Award of Funds

Current through Vol. 41, No. 20, July 1, 2024
OHFA will make awards of OHTF Program Funds to Activities
				  located throughout the State. A minimum of sixty-five percent (65%), but not
				  more than seventy-five percent (75%) of all awards shall be made to Activities
				  located in counties with populations of less than four hundred ninety thousand
				  (490,000) according to the most recent U.S. Census.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-4 - Application fees

Current through Vol. 41, No. 20, July 1, 2024
All Applicants shall be charged a non-refundable fee of
				  $500.00 . All Application fees will be used by OHFA to pay for overall Program
				  delivery and operation activities.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-5 - Forms of assistance

Current through Vol. 41, No. 20, July 1, 2024
Funding may be in the form of either grants or
				  collateralized below market rate loans. The maximum amounts will be established
				  in the OHTF Application Packet. OHFA staff reserves the right to adjust loan
				  maximums and terms based on the availability of Funds and the most efficient
				  and practical utilization of available resources.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 19 Ok Reg 2947, eff 3-6-02 (emergency); Amended at 19
				  Ok Reg 2659, eff 7-14-02; Amended at 21 Ok Reg 2322, eff 8-1-04; Amended at 21
				  Ok Reg 2596, eff 7-18-05
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-6 - Terms and Conditions

Current through Vol. 41, No. 20, July 1, 2024
The terms for all awards made shall be subject to the
				  specific requirements of any given Application. The terms will be established
				  in the OHTF Application Packet. Requests for extensions and/or modifications
				  may be subject to a fee established at three percent (3%) of the award at the
				  time of request.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff 8-1-04; Amended at 21 Ok Reg 2596,
				  eff 7-18-05
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-7 - Affordability for OHTF Funding

Current through Vol. 41, No. 20, July 1, 2024
OHTF Funding must remain affordable to for a period
				  established in the Application. Affordability periods must be secured by deed
				  restrictions, covenants running with the land, or other
				  forms.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 3 - Funds › Section 330:60-3-8 - Reallocation of OHTF Program Funds

Current through Vol. 41, No. 20, July 1, 2024
(a) From time to time Funds may become
				available as the result of:
(1) Activity
				cancellations;
(2) Activities
				completed under original cost estimates
(3) Loan pay-offs;
(4) Other circumstances;
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 5 - Applications and Selection › Section 330:60-5-1 - Application timing

Current through Vol. 41, No. 20, July 1, 2024
Applications for Funding shall be accepted based on
				  deadlines or processes in the Application Packet. Awards will be subject to
				  Funds availability, and the full satisfaction of all key Application
				  requirements. OHFA reserves the right to suspend acceptance of Applications at
				  any time.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 5 - Applications and Selection › Section 330:60-5-2 - Applications

Current through Vol. 41, No. 20, July 1, 2024
Eligible Applicants seeking OHTF Funds must submit an
				  Application in the form prescribed in the OHTF Application Packet. Certain
				  types of Persons may not be eligible for all Activities. All Applications will
				  be required to contain sufficient information to permit OHFA to conduct a
				  review, assessment, and selection as described in the OHTF Application
				  Packet.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 5 - Applications and Selection › Section 330:60-5-3 - OHTF Application Packets

Current through Vol. 41, No. 20, July 1, 2024
(a) OHTF Application Packets may include, but
				not be limited to, information such as Activity descriptions, timelines and
				schedules, Activity evaluation criteria, and Activity budgets.
(b) Applications shall be required for all
				Funding requests.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 5 - Applications and Selection › Section 330:60-5-4 - Application selection

Current through Vol. 41, No. 20, July 1, 2024
For the purpose of selecting Applications for assistance,
				  OHFA shall use criteria established in the OHTF Application Packet. These
				  criteria may include, but are not necessarily limited to the following:
(1) Development description.
(2) Organizational Structure and
				Capacity.
(3) Financial
				Management.
(4) Market Analysis
				/Study .
(5) Development Management
				Control.
(6) Financial Feasibility
				and Viability.
(7)
				Partnerships.
(8) Development
				Readiness.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 19 Ok Reg 2947, eff 3-6-02 (emergency); Amended at 19
				  Ok Reg 2659, eff 7-14-02; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 7 - Program Administration › Section 330:60-7-1 - Program violations

Current through Vol. 41, No. 20, July 1, 2024
The following are violations of the Housing Trust Fund
				  Program policies and procedures:
(1)
				The filing of false information in an Application and/or any report;
(2) Failure of an Applicant and/or Awardee to
				meet requirements of the State Statute, and/or Chapter 60 Rules and/or the
				Application Packet ;
(3) Deviation
				from any OHTF Documents;
(4) Notice
				by OHFA that significant corrective actions are necessary and that those
				corrective actions are not or cannot be affected within a reasonable time, in
				the judgment of OHFA staff;
(5) An
				administrative or judicial determination that an Applicant and/or Awardee has
				committed fraud, waste, or mismanagement in any current or prior Activity , or
				federal or State program.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 7 - Program Administration › Section 330:60-7-2 - Corrective and remedial actions

Current through Vol. 41, No. 20, July 1, 2024
(a) Under any of the circumstances previously
				described as violations during any stage in the process OHFA may, but is not
				limited to, take the following actions:
(1)
				Condition OHTF Documents;
(2)
				Withhold Funds;
(3) Reduce the
				total amount of the award;
(4)
				Require immediate return of unexpended Funds ;
(5) Require immediate repayment of all
				Funding provided by the OHTF Program;
(6) Cancel an award and recover all Funds
				expended in an ineligible manner prior to the date of notice of
				cancellation;
(7) Deny future
				Program Applications and participation for a specified period of time as
				determined by OHFA;
(8) Debarment
				from Program;
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 7 - Program Administration › Section 330:60-7-3 - Awardee responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
				An Awardee under the OHTF Program shall be responsible to:
(1) Take all actions necessary to enforce the
				terms of the OHTF Documents against any private or public participant that
				fails to comply with applicable provisions of the OHTF Documents, or any
				subcontract or documents resulting from them, and to recover on behalf of OHFA,
				any liabilities that may arise as a result of a breach of the OHTF Documents by
				any participant. Nothing in this subsection shall restrict OHFA's right to
				independently enforce the terms of any OHTF Document or any subcontracts or
				documents resulting from it, or to recover any sums that may become due as the
				result of a breach of such document.
(2) Comply with all State Statutes, these
				OHTF rules, and any OHTF Documents that may be released by OHFA from time to
				time.
(3) Maintain records and
				accounts, including, but not limited to property, personnel, and financial
				records that properly document and account for all Funds. OHFA may require
				specific types and forms of records. All such records and accounts shall be
				made available upon request by OHFA for the purpose of inspection and use in
				carrying out its responsibilities for administration of the Funds.
(4) Retain all books, documents, papers,
				records, and other materials involving all activities and transactions related
				to the award of the OHTF Funds for at least three (3) years from the date of
				the end of the Term Affordability Period, or until any audit findings have been
				resolved, whichever is later. As often as deemed necessary by OHFA, shall
				permit OHFA to have full access to and the right to fully examine all such
				materials.
(5) Promptly return to
				OHFA, any Funds received under its OHTF Documents that are not obligated as of
				the final date of the OHTF Documents. Funds shall be obligated only if goods
				and services have been received as of the final date of the OHTF Document
				period.
(6) Comply with all
				applicable State requirements.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 7 - Program Administration › Section 330:60-7-4 - Review and appeals process and Trustee discretion

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants for OHTF funding may review
				their Applications and OHFA's review documents any time after OHFA has publicly
				released funding decisions.
(b)
				Appeals cannot introduce new documentation that would change the basis on which
				a funding decision was made. Additionally, requests for appeals shall be made
				within thirty (30) days after the Applicant has been notified that the
				Application was not funded.
(c) The
				Trustees may in their sole discretion allocate Funds to an Activity if the
				Activity is determined by the Trustees to be in the interests of the
				State.
(d) A decision by the
				Trustees will constitute a final order.
Added at 16 Ok Reg 2910,
				  eff 7-12-99; Amended at 21 Ok Reg 2322, eff
				  8-1-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 60 - Housing Trust Fund Program › Subchapter 7 - Program Administration › Section 330:60-7-5 - OHFA's responsibilities

Current through Vol. 41, No. 20, July 1, 2024
OHFA will review and verify, but is not limited to, the
				  following duties:
(1) OHFA will verify
				the Awardee is maintaining records for each qualified affordable housing unit
				in the Development.
(2) Possession
				of valid Certificate(s) of Occupancy.
(3) Physical inspection of 100% of the OHTF
				Developments/units according to HUD inspection standards as set forth in the
				Application . Owner must allow OHFA to perform inspections throughout the Term
				of Affordability for rental Developments . For homebuyer Developments, only an
				initial inspection may be performed.
(4) Correct income limits were used in
				selection and on-going compliance requirements for rental Developments . For
				homebuyer Developments, only an initial review may be performed.
(5) A copy of the deed restrictions, covenant
				running with land or other forms approved by OHFA ensuring the Term of
				Affordability.
(6) OHFA will notify
				in writing the Awardee if staff discovers that the Activity does not comply
				with the OHTF Rules. In such event, a correction period to supply missing
				documentation or to correct noncompliance may be allowed.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 1 - General Provisions › Section 330:70-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
OHFA, pursuant to an ACC between HUD and OHFA, administers
				  HUD's Contract Administration Program within the State. The purpose of these
				  Contract Administration Program Rules is to provide guidelines OHFA will
				  utilize in administering the Contract Administration Program and monitoring
				  assisted units and Owners participating in the Contract Administration
				  Program.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 1 - General Provisions › Section 330:70-1-3 - Authority

Current through Vol. 41, No. 20, July 1, 2024
OHFA is authorized by HUD to administer the Contract
				  Administration Program in accordance with the ACC and any renewals thereof.
				  Pursuant to the ACC, HUD has assigned to OHFA, HUD's contractual rights and
				  responsibilities under individual HAP Contracts with Owners participating in
				  the Contract Administration Program.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 1 - General Provisions › Section 330:70-1-7 - Standards incorporated by reference

Current through Vol. 41, No. 20, July 1, 2024
(a) The Guidebook provides requirements,
				procedures, regulations, and processes for the Performance Based Contract
				Administrator. The Guidebook and all revisions or amendments to the Guidebook
				shall apply to all Covered Units and are incorporated by reference to these
				rules.
(b) Final Rule [ 24 CFR Part
				5 et al,
Screening and Eviction for Drug Abuse and Other Criminal
				Activity
, Docket No. FR-4495-F-02, Federal Register Vol. 66, No. 101,
				beginning on page 28776] released on May 23, 2001, or as may be
				amended.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 1 - General Provisions › Section 330:70-1-9 - Technical assistance

Current through Vol. 41, No. 20, July 1, 2024
OHFA will designate staff members to provide general
				  technical assistance regarding project-based Section 8 guidelines, procedures,
				  and implementation of the Contract Administration Program. The names of staff
				  members designated to provide technical assistance may be obtained by
				  contacting the OHFA Contract Administration Program. General technical
				  assistance will also be provided by the Program Center regarding Contract
				  Administration guidelines and procedures.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 3 - Funds › Section 330:70-3-1 - Fund distribution

Current through Vol. 41, No. 20, July 1, 2024
Contract Administration Program funds shall be distributed by
				  HUD and OHFA in accordance with the ACC.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 3 - Funds › Section 330:70-3-3 - Fund activities

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Contract Administration Program funds shall consist of program receipts and
				administrative fees.
(b) Program
				receipts will be paid monthly by OHFA to owners after review, verification, and
				certification of Voucher accuracy.
(c) Administrative fees will be used by OHFA
				to support the overall Contract Administration Program delivery and operation
				activities.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 3 - Funds › Section 330:70-3-5 - Geographic distribution of program receipts

Current through Vol. 41, No. 20, July 1, 2024
OHFA will distribute the Contract Administration Program
				  receipts to Owners throughout the State.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 5 - General Program Requirements › Section 330:70-5-1 - Exclusion of third party rights

Current through Vol. 41, No. 20, July 1, 2024
(a) A family that is eligible for housing
				assistance under the ACC is not a party to or a third party beneficiary of the
				ACC.
(b) Nothing in the ACC shall
				be construed as creating any right of any third party to enforce any provision
				of the ACC, or to assert any claim against HUD or OHFA.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 5 - General Program Requirements › Section 330:70-5-3 - Program records

Current through Vol. 41, No. 20, July 1, 2024
OHFA shall maintain complete and accurate accounts and other
				  records related to operations under the ACC. The records shall be maintained in
				  the form and manner required by HUD, including requirements governing
				  computerized or electronic forms of record-keeping. The accounts and records
				  shall be maintained in a form and manner that permits a speedy and effective
				  audit.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 5 - General Program Requirements › Section 330:70-5-5 - Conflict of Interest

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Neither OHFA, nor any OHFA contractor, subcontractor or agent for operations
				under the ACC, nor any other entity or individual with administrative functions
				or responsibility concerning the Contract Administration Program, may enter
				into any contract, subcontract, or other arrangement in connection with the
				Contract Administration Program in which any Covered Individual or Entity has
				any direct or indirect interest (including the interest of any Immediate Family
				Member), while such person is a covered individual or entity or during one year
				thereafter.
(b) OHFA shall require
				any Covered Individual Or Entity to disclose his, her or its interest or
				prospective interest in any contract, subcontract or other arrangement in
				connection with the Contract Administration Program to OHFA and HUD.
(c) During the term of the ACC, OHFA shall
				not own or otherwise possess any direct or indirect interest in any covered
				unit (including a unit owned or possessed, in whole or in part, by an entity
				substantially controlled by OHFA), and shall not claim or receive any
				administrative fee for contract administration of a unit in which OHFA has any
				such interest.
(d) Notwithstanding
				paragraph (c), if OHFA provides or has provided financing for development,
				repair or improvement of covered units, and holds a mortgage of the real
				property to secure such financing, the existence of such mortgage or interest
				shall not be considered a conflict of interest under paragraph (c), (provided
				that OHFA has not obtained any other ownership interest in the property, by
				exercise of its remedies as mortgagee or otherwise), and in such case,
				paragraph (c) shall not bar OHFA from claiming or receiving an administrative
				fee for contract administration of such covered units.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 5 - General Program Requirements › Section 330:70-5-7 - Compliance with applicable laws

Current through Vol. 41, No. 20, July 1, 2024
(a) Owner shall comply with all equal
				opportunity requirements imposed by federal law, including applicable
				requirements under:
(1) The Fair Housing Act,
				42 U.S.C.
				3601 -
				3619 (implementing
				regulations at 24 CFR parts 100 et seq.).
(2) Title VI of the Civil rights Act of 1964,
				42 U.S.C. 2000 d (implementing regulations at 24 CFR part 1 ).
(3) The Age Discrimination Act of 1975,
				42 U.S.C.
				6101 -
				6107 (implementing
				regulations at 24 CFR part 146 ).
(4) Executive Order 11063, Equal Opportunity
				in Housing (1962), as amended, Executive Order 12259, 46 FR 1253 (1980), as
				amended, Executive Order 12892, 59 FR 2939 (1994) (implementing regulations at
				24 CFR part 107 ).
(5) Section 504
				of the Rehabilitation Act of 1973,
				29 U.S.C.
				794 (implementing regulations at 24 CFR part
				8 ).
(6) Title II of the Americans
				with Disabilities Act,
				42 U.S.C.
				12101 et seq.
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 7 - Criminal Background Searches › Section 330:70-7-1 - Request for criminal background search

Current through Vol. 41, No. 20, July 1, 2024
At the request of an Owner, OHFA will conduct a criminal
				  background search on any tenant in a Covered Unit or any applicant for housing
				  in a Covered Unit, to the extent permitted under applicable State and federal
				  laws and regulations.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 7 - Criminal Background Searches › Section 330:70-7-3 - Consent and fee

Current through Vol. 41, No. 20, July 1, 2024
The Owner must file a written request for a criminal
				  background search. The request must be accompanied by a consent form executed
				  by the tenant or applicant and the fee set forth in
				  330:70-9-1
				  of these Rules. A written request must be submitted for each tenant or
				  applicant.
Added at 21 Ok Reg 2327,
				  eff 7-12-04
Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 70 - Performance Based Contract Administration Program Rules › Subchapter 7 - Criminal Background Searches › Section 330:70-7-5 - Procedures to be followed by OHFA

Current through Vol. 41, No. 20, July 1, 2024
(a) OHFA will conduct the criminal background
				research following the procedures set forth in the Final Rule.
(b) OHFA will disclose information obtained
				pursuant to criminal background research to an Owner only upon a showing by
				said Owner that the information will be used to screen applicants or is being
				requested in connection with lease enforcement or judicial eviction
				proceedings.
(c) The Owner must
				certify in writing that the Owner will use the records disclosed only for the
				purpose of screening applicants or for the purpose of lease enforcement or
				eviction.
(d) The request for
				criminal background research must also include the Owner's standards for
				prohibiting admission of criminals, the Owner's standards for evicting
				criminals, or the Owner's standard for lease enforcement, as
				applicable.
(e) OHFA will, upon
				receipt of any criminal records, review the records to determine that whether
				the records received may a basis for eviction from a Covered Unit. Prior to the
				release of any information to an Owner, the Owner must also certify, in
				writing, that the information requested will be kept confidential and only used
				in the manner, and to the extent permitted, in the Final Rule.
(f) OHFA will rely upon the Owner's
				certifications.
Added at 21 Ok Reg 2327,
				  eff 7-12-04