Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The capitalized terms or phrases used herein are defined in
					 the title. Any other capitalized terms in the subchapter shall have the meaning
					 defined in Chapter
					 2306 of the Texas
					 Government Code, Chapter
					 303, Texas
					 Local Government Code,, and other state or Department rules, as applicable.
					 Defined terms, when not capitalized, are to be read in context and construed
					 according to common usage.
(1) Audit
				  Report--A report completed by an Auditor or compliance expert, in a manner and
				  format prescribed by the Department.
(2) Auditor--An individual who is an
				  independent auditor or compliance expert with an established history of
				  providing similar audits on housing compliance matters, meeting the criteria
				  established herein.
(3) Board--The
				  governing board of the Texas Department of Housing and Community
				  Affairs.
(4) Chief Appraiser--The
				  chief appraiser of the appraisal district in which a Development is
				  located.
(5) Department--The Texas
				  Department of Housing and Community Affairs.
(6) Development--A multifamily residential
				  development owned by a Public Facility Corporation and operated by an
				  Operator.
(7) Housing Choice
				  Voucher Program--The housing choice voucher program under Section 8, United
				  States Housing Act of 1937 (42 U.S.C. Section
				  1437(f).
(8) HUD--The United States Department of
				  Housing and Urban Development.
(9)
				  Public Facility Corporation (PFC)--A nonprofit corporation that can be created
				  by a municipality, county, school district, housing authority or a Sponsor, as
				  outlined in Chapter
				  303 of the
				  Texas Local Government Code.
(10)
				  Public Facility User--a public-private partnership entity or a developer or
				  other private entity that has an ownership interest or a leasehold or other
				  possessory interest in a public facility that is a multifamily residential
				  development. For purposes of all provisions within this rule, the terms "Public
				  Facility User" and "Operator" shall have the same meaning and shall be
				  interchangeable.
(11) Regulatory
				  Agreement--A Land Use Restriction Agreement (LURA), Ground Lease, Deed
				  Restriction, and any similar restrictive instrument that is recorded in the
				  real property records of the county in which the Development is
				  located.
(12) Responsible
				  Parties--The Texas Comptroller of Public Accounts, and with respect to a
				  Development, the applicable Operator, the PFC, the governing body of the PFC's
				  Sponsor, and, if the PFC's Sponsor is a housing authority, the elected
				  officials responsible for appointing the housing authority's governing
				  board.
(13) Restricted Unit--A
				  residential unit in a Development that is reserved for or occupied by a
				  household meeting certain income limitations established in the Regulatory
				  Agreement, with rent for such unit restricted as set forth in these rules.
				  Restricted Units may float in a Development and need not be permanently
				  fixed.
(14) Sponsor--A
				  municipality, county, school district, housing authority, or special district
				  that causes a corporation to be created to act in accordance with Chapter
				  303, Texas
				  Local Government Code.
(15) Unit
				  Type--Means the type of unit determined by the number of bedrooms.