reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 13 - MULTIFAMILY DIRECT LOAN RULE › Section 13.10 - Development and Unit Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Proportionality. The bedroom/bathroom/amenities and square footages for Direct
				Loan Units must be comparable to the bedroom/bathroom/amenities and square
				footages for the total number of Units in the Development based on the amount
				of Direct Loan funds requested as a percentage of total MFDL eligible costs. As
				a result of this requirement, the Department will use the Proration Method as
				the Cost Allocation Method in accordance with HUD CPD Notice 16-15, except as
				described in subsection (b) of this section. Additionally, the amount of Direct
				Loan funds requested cannot exceed the per-unit subsidy limit described in this
				chapter or in the applicable NOFA. Direct Loan Units must be provided as a
				percentage of each Unit Type, in proportion to the percentage of total costs
				included in the Direct Loan.
(b)
				Floating Units. Floating Direct Loan Units may only float among the Units as
				described in the Direct Loan Contract and Direct Loan LURA.
(1) For HOME, NSP, and TCAP RF, Direct Loan
				Units must float throughout the Development unless the Development also
				contains public housing Units that will receive Operating Fund or Capital Fund
				assistance under Section 9 of the 1937 Act as defined in
				24 CFR §
											5.100.
(2) For NHTF, Direct Loan Units must float
				throughout the Development, except as prohibited by
				24 CFR §
											93.203, concerning public housing
				units.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
This chapter sets forth the common elements of the Texas
				  Department of Housing and Community Affairs' (the Department) single family
				  Programs, which include the Department's HOME Investment Partnerships Program
				  (HOME), Texas Housing Trust Fund (Texas HTF), Texas Neighborhood Stabilization
				  Program (NSP), and Office of Colonia Initiatives (OCI) Programs and other
				  single family Programs as developed by the Department. Single family Programs
				  are designed to improve and provide affordable housing opportunities to
				  low-income individuals and families in Texas and in accordance with Chapter
				  2306 of the Tex.
				  Gov't Code and any applicable statutes and federal regulations.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.2 - Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter only applies to single
				family Programs. Program Rules may impose additional requirements related to
				any provision of this chapter. Where a Program Rule is less restrictive and
				federal law does not preempt the item, the provisions of this chapter will
				govern Program decisions.
(b)
				Activities performed under Chapter 27 (relating to Texas First Time Homebuyer
				Program Rule) and Chapter 28 (related to Taxable Mortgage Program) of this
				title are excluded from this chapter.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context indicates otherwise. Any
				  capitalized terms not specifically defined in this section or any section
				  referenced in this chapter shall have the meaning as defined in Chapter
				  2306 of the Tex.
				  Gov't Code, the Program Rules, the Texas Administrative Code (TAC), or
				  applicable federal regulations.
(1)
				Activity--The assistance provided to a specific Household or Administrator by
				which funds are used for acquisition, new construction, reconstruction,
				rehabilitation, refinance of an existing Mortgage, tenant-based rental
				assistance, or other Department approved Expenditure under a single family
				housing Program.
(2)
				Administrator--A unit of local government, Nonprofit Organization or other
				entity acting as a subrecipient, Developer, or similar organization that has an
				executed written Agreement with the Department.
(3) Affiliate--If, directly or indirectly,
				either one Controls or has the power to Control the other or a third person
				Controls or has the power to Control both. The Department may determine Control
				to include, but not be limited to:
(A)
				Interlocking management or ownership;
(B) Identity of interests among family
				members;
(C) Shared facilities and
				equipment;
(D) Common use of
				employees; or
(E) A business entity
				which has been organized following the exclusion of a person which has the same
				or similar management, ownership, or principal employees as the excluded
				person.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.4 - Eligible Single Family Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Availability of
				funding for and specific Program requirements related to the Activities
				described in subsection (b)(1) - (7) of this section are defined in each
				Program's Rules.
(b) Activity Types
				for eligible single family housing Activities include the following, as allowed
				by the Program Rule or NOFA:
(1)
				Rehabilitation or new construction of Single Family Housing Units;
(2) Reconstruction of an existing Single
				Family Housing Unit on the same site;
(3) Replacement of existing owner-occupied
				housing with a new MHU;
(4)
				Acquisition of Single Family Housing Units, including acquisition with
				rehabilitation and accessibility modifications;
(5) Refinance of an existing Mortgage or
				Contract for Deed mortgage;
(6)
				Tenant-based rental assistance; and
(7) Any other single family Activity as
				determined by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.5 - Funding Notices

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				will make funds available for eligible Administrators for single family
				activities through NOFAs, requests for qualifications (RFQs), request for
				proposals (RFPs), or other methods describing submission and eligibility
				guidelines and requirements.
(b)
				Funds may be allocated through Contract awards by the Department or by
				Department authority to submit Reservations.
(c) Funds may be subject to regional
				allocation in accordance with Chapter
				2306 of the Tex.
				Gov't Code.
(d) Eligible Applicants
				must comply with the provisions of the Application materials and funding notice
				and are responsible for the accuracy and timely submission of all Applications
				and timely correction of all deficiencies.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.6 - Administrator Applicant Eligibility

Current through Reg. 49, No. 28; July 12, 2024
(a) Eligible
				Applicants seeking to administer a single family Program are limited to
				entities described in the Program Rule and/or NOFA; and
(1) Shall be in good standing with the
				Department, Texas Secretary of State, Texas Comptroller of Public Accounts and
				HUD, as applicable.
(2) Shall
				comply with all applicable state and federal rules, statutes, or regulations
				including those administrative requirements in Chapters 1 and 2 of this title
				(relating to Administration and Enforcement).
(3) Must provide Resolutions in accordance
				with the applicable Program Rule.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.7 - Single Family Housing Unit Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) A Single Family
				Housing Unit must be located in the State of Texas.
(b) Real property taxes assessed on an
				owner-occupied Single Family Housing Unit must be current prior to the date of
				Mortgage Loan closing or effective date of the grant agreement. Delinquent
				property taxes will result in disapproval of the Activity unless one or more of
				the following conditions are satisfied:
(1)
				Household must be satisfactorily participating in an approved installment
				agreement in accordance with Texas Tax Code §
										33.02 with the taxing
				authority, and must be current for at least three consecutive months prior to
				the date of Application;
(2)
				Household must have qualified for an approved tax deferral plan agreement in
				accordance with Texas Tax Code §§
										33.06 or
				33.065; or
(3) Household must have entered into an
				installment agreement under Texas Tax Code §§
										31.031 or
				31.032, have made at least
				one payment under the agreement, and be current on the installment
				plan.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.9 - Inspection Requirements for Construction Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) The inspection
				requirements in this section are applicable to all construction activities,
				except for the Amy Young Barrier Removal Program, to the extent funded with
				Texas HTF.
(b) Interim inspections
				of construction progress are required for a Draw Request.
(c) Final inspections are required for all
				single family construction Activities. The inspection must document that the
				Activity is complete; meets all applicable codes, requirements, zoning
				ordinances; and has no known deficiencies related to health and safety
				standards. A copy of the final inspection report must be provided to the
				Department and to the Household.
(d) New construction requirements.
(1) A Certificate of Occupancy shall be
				issued prior to final payment for construction, as applicable. In instances
				where the local jurisdiction does not issue a Certificate of Occupancy for the
				Activity undertaken, the Administrator must provide to the Department
				documentation evidencing that the Single Family Housing Unit complies with
				subsection (c) of this section.
(2)
				Applicant must demonstrate compliance with Tex. Gov't Code §
										2306.514,
				"Construction Requirements for Single Family Affordable Housing," and
				applicable Program Rules.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.10 - Survey Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Amy Young
				Barrier Removal Program is excluded from the survey requirements, to the extent
				funded with the Texas HTF.
(b) When
				Program funds are used for acquisition or construction, an Improvement Survey
				showing the existing improvements on the site at the time of Activity
				submission is required. An updated improvement survey may be required at
				construction completion at the discretion of the Department.
(c) If allowed by the Program Rules or NOFA,
				existing surveys for acquisition only activities may be used if the owner
				certifies that no changes were made to the footprint of any building or
				structure, or to any improvement on the Single Family Housing Unit, and the
				title company accepts the certification and survey.
(d) The Department reserves the right to
				determine the survey requirements on a per Activity basis if additional survey
				requirements would, at the sole discretion of the Department, benefit the
				Activity.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.11 - Insurance and Title Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Amy Young
				Barrier Removal Program is excluded from this section, to the extent funded
				with the Texas HTF.
(b) Title
				Insurance Requirements. A "Mortgagee's Title Insurance Policy" is required for
				all Department Mortgage Loans, exclusive of subordinate lien Mortgage Loans for
				down payment assistance and closing costs.
(1)
				The title insurance policy shall be issued by an entity that is licensed and in
				good standing with the Texas Department of Insurance.
(2) The policy must be in the amount of the
				Mortgage Loan. The mortgagee named shall be: "Texas Department of Housing and
				Community Affairs."
(3) The policy
				must include survey deletion coverage.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.12 - Loan, Lien, and Mortgage Requirements for Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) The fees to be
				paid by the Department or Borrower upfront or through the closing must be
				reasonable for the service rendered, in accordance with the typical fees paid
				in the market place for such activities and:
(1) Fees charged by third party Mortgage
				lenders are limited to the greater of 2% of the Mortgage Loan amount or $3,500,
				including but not limited to origination, loan application, and/or underwriting
				fees, and
(2) Fees paid to other
				parties that are supported by an invoice and/or reflected on the Closing
				Disclosure will not be included in the limit in paragraph (1) of this
				subsection.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.14 - Compliance and Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				will perform monitoring of single family Program Contracts and Activities in
				order to ensure that applicable requirements of federal laws and regulations,
				and state laws and rules have been met, and to provide Administrators with
				clear communication regarding the condition and operation of these Contracts
				and Activities so they understand clearly, with a documented record, how they
				are performing in meeting obligations.
(1) The
				physical condition of assisted properties and Administrator's documented
				compliance with contractual and Program requirements may be subject to
				monitoring.
(2) The Department may
				contract with an independent third party to monitor an Activity for compliance
				with any conditions imposed by the Department in connection with the award of
				any Department funds, and appropriate state and federal laws.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 20 - SINGLE FAMILY PROGRAMS UMBRELLA RULE › Section 20.15 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
Appeal of Department staff decisions or actions will follow
				  requirements in Program Rules and Chapter 1 of this title (relating to
				  Administration).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 21 - MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES › Section 21.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Tex. Gov't Code, §
									RSA
				2306.187 requires that the Department develop
				and adopt rules relating to Minimum Energy Efficiency requirements for new
				construction, reconstruction, and rehabilitation activities in Single Family
				Programs.
(b) This chapter
				describes the Minimum Energy Efficiency Requirements for all single family
				construction activities, which includes the Department's HOME Investments
				Partnership Program (HOME), Texas Housing Trust Fund (Texas HTF), Neighborhood
				Stabilization Program (NSP), Office of Colonia Initiatives (OCI) Programs, and
				other single family Programs as developed by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 21 - MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES › Section 21.2 - General Requirements

Current through Reg. 49, No. 28; July 12, 2024
Unless otherwise noted, this chapter only applies to single
				  family Programs. Program rules may impose additional requirements related to
				  any provision of this chapter. Elements of local residential building codes
				  that require a greater degree of energy efficiency than this chapter, in part
				  or in whole, shall also be followed.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 21 - MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES › Section 21.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Any capitalized terms that are defined in
				Tex. Gov't Code Chapter 2306, and Chapter 1 of this title (relating to
				Administration), Chapter 2 of this title (relating to Enforcement), Chapter 20
				of this title (relating to Single Family Programs Umbrella Rule), or other
				applicable Department Program Rule, have, when capitalized, the meanings
				ascribed to them therein.
(b) The
				following words and terms, when used in this chapter, shall have the following
				meanings, unless the context or the Notice of Funding Availability (NOFA)
				indicates otherwise.
(1) ENERGY STAR
				Certified Appliances, Equipment, and Products--Labeled appliances, equipment,
				and products that are independently certified to save energy without
				sacrificing features or functionality, meeting the U.S. EPA's specifications
				for energy efficiency and performance.
(2) ENERGY STAR Certified Home--A new
				construction home that has earned the ENERGY STAR label and has undergone a
				process of inspections, testing, and verification to meet requirements set
				forth by the U.S. EPA.
(3) ENERGY
				STAR Certified Manufactured Housing Unit--A manufactured home that has been
				designed, produced, and installed by the home manufacturer to meet ENERGY STAR
				requirements for energy efficiency.
(4) RESNET--Residential Energy Services
				Network. RESNET is an independent, nonprofit organization established in 1995
				to help homeowners reduce the cost of their utility bills by making their homes
				more energy efficient. RESNET-certified Home Energy Systems Raters are required
				to inspect, test, and verify homes for ENERGY STAR certification.
(5) U.S. EPA--United States Environmental
				Protection Agency.
(6) WaterSense
				Labeled Fixtures--Labeled products that are backed by independent, third-party
				testing and certification, meeting the U.S. EPA's specifications for water
				efficiency and performance.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 21 - MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES › Section 21.4 - New Construction and Reconstruction Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Single family residential dwellings, as
				defined in §
									RSA
				388.002 of the Texas Health and Safety Code,
				that are newly constructed or reconstructed shall comply with § 388 of the
				Health and Safety Code (Texas Building Energy Performance Standards).
(b) Effective September 1, 2016, the Texas
				State Energy Conservation Office adopted the 2015 International Residential
				Code (Chapter 11) as the state-mandated energy code for all residential
				construction, which includes one- and two-family residences of three stories or
				less above grade.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 21 - MINIMUM ENERGY EFFICIENCY REQUIREMENTS FOR SINGLE FAMILY CONSTRUCTION ACTIVITIES › Section 21.5 - Manufactured Housing Unit Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) All Manufactured Housing Units installed
				as replacement for sub-standard housing shall be ENERGY STAR certified;
				or
(b) In cases where the type of
				product is not ENERGY STAR, or if ENERGY STAR products are not reasonably
				available due to supply shortages or cost limitations, Administrators may
				select the highest rated product available, so long as the product delivers at
				least 10% energy savings in comparison to products meeting the minimum code.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter A - GENERAL GUIDANCE › Section 23.1 - Applicability and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  This Chapter governs the use and administration of all HOME single family
				  Activities funds provided to the Texas Department of Housing and Community
				  Affairs (the "Department") by the U.S. Department of Housing and Urban
				  Development (HUD) pursuant to Title II of the Cranston-Gonzalez National
				  Affordable Housing Act of 1990 as amended (42 U.S.C. §§
											12701-
				  12839) and HUD regulations at 24
				  CFR Part 92, as amended. Chapter 20 of this Title relating to Single Family
				  Programs Umbrella Rule and Chapters 1 and 2 of this Title will apply to all
				  single family activities, including Single Family Development. Unless otherwise
				  noted herein or required by law, all provisions of this Chapter apply to any
				  Application for a Contract award, or any Reservation submitted or received on
				  or after the date of adoption of this Chapter. Existing Agreements executed
				  within the preceding 12 months from the date of adoption of this Chapter or
				  current pending Applications may be amended in writing at the request of the
				  Administrator or Applicant, and with Department approval, so that all
				  provisions of this Chapter apply to the Agreement or Application. Amendments
				  proposing only partial adoption of this Chapter are prohibited. No amendment
				  adopting this Chapter shall be granted if, in the discretion of the Department,
				  any of the provisions of this Chapter conflict with the Notice of Funding
				  Availability (NOFA) under which the existing Agreement was awarded or
				  Application was submitted. The Governing Board may waive rules subject to this
				  Chapter for good cause to meet the purpose of the HOME Program as described
				  further in subsection (b) of this section, provided the waiver does not
				  conflict with the federal regulations governing the use of these funds, or
				  impact federally imposed obligation or expenditure deadlines governing the HOME
				  Program.
(b) Purpose. The State's
				  HOME Program is designed to:
(1) focus on the
				  areas with the greatest housing need described in the State Consolidated
				  Plan;
(2) provide funds for home
				  ownership and rental housing through acquisition, Reconstruction, New
				  Construction, and Tenant-Based Rental Assistance;
(3) promote partnerships among all levels of
				  government and the private sector, including nonprofit and for-profit
				  organizations; and
(4) provide low,
				  very low, and extremely low-income families with affordable, decent, safe, and
				  sanitary housing.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.20 - Availability of Funds and Regional Allocation Formula

Current through Reg. 49, No. 28; July 12, 2024
Funds made available through an open Application cycle and
					 subject to regional allocation formula shall be made available to each region
					 and subregion for a time period to be specified in the applicable NOFA, after
					 which the funds remaining shall collapse and be made available
					 statewide.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.21 - Application Forms and Materials and Deadlines

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  will produce an Application to satisfy the Department's requirements to be
				  qualified to administer HOME activities. The Application will be available on
				  the Department's website.
(b) The
				  Department must receive all Applications by the deadline specified in the
				  NOFA.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.22 - Contract Award Application Review Process for Open Application Cycles

Current through Reg. 49, No. 28; July 12, 2024
An Application received by the Department in response to an
					 open Application cycle NOFA will be assigned a "Received Date." An Application
					 will be prioritized for review based on its "Received Date." Application
					 acceptance dates may be staggered under an open Application cycle to prioritize
					 Applications which propose to serve areas identified in Tex. Gov't Code §
										2306.127 as priority
					 for certain communities. An Application with outstanding administrative
					 deficiencies under §
										23.24 of this Chapter, may be
					 suspended from further review until all administrative deficiencies have been
					 cured or addressed to the Department's satisfaction. Applications that have
					 completed the review process may be presented to the Board for approval with
					 priority over Applications that continue to have administrative deficiencies at
					 the time Board materials are prepared, regardless of "Received Date." If all
					 funds available under a NOFA are awarded, all remaining Applicants will be
					 notified and the remaining Applications will not be processed.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.23 - Reservation System Participant Review Process

Current through Reg. 49, No. 28; July 12, 2024
An Application for a Reservation System Participant (RSP)
					 Agreement shall be reviewed and if approved under Chapter 1, Subchapter C of
					 this Title, as amended or superseded, concerning Previous Participation and the
					 Executive Award and Review Advisory Committee, and not denied under §
										23.24 of this Chapter, will be
					 drafted and processed in the order in which it was accepted to be executed and
					 made effective.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.25 - General Threshold Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Threshold. All Applicants and Applications to administer a HOME Program award
				  from the Department must submit or comply with the following:
(1) An Applicant certification of compliance
				  with state rules promulgated by the Department, and federal laws, rules and
				  guidance governing the HOME Program as provided in the Application.
(2) A Resolution from the Applicant's direct
				  governing body which includes:
(A)
				  Authorization of the submission of the Application specifying the NOFA under
				  which funds are requested for Contract award Applications;
(B) Commitment and amount of cash reserves,
				  if applicable, for use during the Contract or RSP Agreement term;
(C) Source of funds for Match obligation and
				  Match amount to be contributed as a percentage of Direct Activity Costs, if
				  applicable;
(D) Title of the person
				  authorized to represent the organization and who also has signature authority
				  to execute a Contract and grant agreement or loan documents, as applicable,
				  unless otherwise stated; and
(E)
				  Date that the resolution was passed by the governing body, which must be within
				  six months preceding Application submission for Reservation System
				  Participation Agreement Applications, and no earlier than the date of the
				  Department's Governing Board approval of the NOFA for Contract award
				  Applications.
(3) An
				  Applicant must be registered in the System for Award Management (SAM) and have
				  a current Unique Entity Identification (UEID) number.
(4) An Application must be substantially
				  complete when received by the Department. An Application will be terminated if
				  an entire tab of the Application is missing; has excessive omissions of
				  documentation from the threshold or selection criteria or uniform Application
				  documentation; or is so unclear, disjointed, or incomplete that a thorough
				  review cannot reasonably be performed by the Department, as determined by the
				  Department. Such Application will be terminated without being processed as an
				  administrative deficiency. To the extent that a review was able to be
				  performed, specific reasons for the Department's termination will be included
				  in the notification sent to the Applicant but, because of the suspended review,
				  may not include an all inclusive list of deficiencies in the
				  Application.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.29 - Resale and Recapture Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Recapture is
				  the primary method the Department will use to recoup HOME funds under
				  24 CFR §
											92.254(a)(5)(ii).
(b) To ensure continued affordability, the
				  Department has established the recapture provisions described in paragraphs (1)
				  - (4) of this subsection and further defined in
				  24 CFR §
											92.254(a)(5)(ii).
(1) In the event that a federal affordability
				  period is required and the assisted property is rented, leased, or no member of
				  the Household has it as the Principal Residence, the entire HOME investment is
				  subject to recapture. The Department will include any loan payments previously
				  made when calculating the amount subject to recapture. Loan forgiveness is not
				  the same thing as loan payments for purposes of this subsection.
(2) In the event that a federal affordability
				  period is required and the assisted property is sold, including through a short
				  sale, deed in lieu of foreclosure, or foreclosure, prior to the end of the
				  affordability period, the Department will recapture the available amount of net
				  proceeds based on the requirements of
				  24 CFR §
												92.254, and as outlined in the State's One
				  Year Action Plan.
(3) The Household
				  can sell the unit to any willing buyer at any price. In the event of sale to a
				  qualified low-income purchaser of a HOME-assisted unit, the qualified
				  low-income purchaser may assume the existing HOME loan and assume the recapture
				  obligation entered into by the original buyer if no additional HOME assistance
				  is provided to the low-income purchaser. In cases in which the subsequent
				  homebuyer needs HOME assistance in excess of the balance of the original HOME
				  loan, the HOME subsidy (the direct subsidy as described in
				  24 CFR §
												92.254) to the original homebuyer must be
				  recaptured. A separate HOME subsidy must be provided to the new homebuyer, and
				  a new affordability period must be established based on that assistance to the
				  buyer.
(4) If there are no net
				  proceeds from the sale, no repayment will be required of the Household and the
				  balance of the loan shall be forgiven as outlined in the State's applicable One
				  Year Action Plan.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter C - HOMEOWNER RECONSTRUCTION ASSISTANCE PROGRAM › Section 23.30 - Homeowner Reconstruction Assistance (HRA) Threshold and Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Match requirement. Excluding Applications
				  under the disaster relief and persons with disabilities set asides, Match shall
				  be required based on the tiers described in paragraphs (1) and (2) of this
				  subsection:
(1) Zero percent of Direct
				  Activity Costs, exclusive of Match, is required as Match:
(A) when the Service Area includes the entire
				  unincorporated area of a county and where the population of Administrator's
				  Service Area is less than or equal to 20,000 persons; or
(B) when the Service Area does not include
				  the entire unincorporated area of a county and the population of the
				  Administrator's Service Area is less than or equal to 3,000 persons.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter C - HOMEOWNER RECONSTRUCTION ASSISTANCE PROGRAM › Section 23.31 - Homeowner Reconstruction Assistance (HRA) General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Program funds may be used for the following under this subchapter:
(1) Reconstruction of housing on the same
				  site meeting the following conditions:
(A)
				  Replacement of an owner-occupied site-built house with either a new site-built
				  house or a new Manufactured Housing Unit (MHU) on the same site;
(B) Replacement of an owner-occupied MHU with
				  a new MHU on the same site;
(C) A
				  unit that is not owner-occupied has been destroyed may be eligible for
				  Reconstruction under subparagraph (A) or (B) of this paragraph if:
(i) the unit was the Principal Residence of
				  the Household as of the date of destruction where evidence of the Household's
				  Principal Residence is established by a homestead exemption from the local
				  taxing jurisdiction and Household certification in effect at the date of
				  destruction; and
(ii) HOME funds
				  are committed within 12 months of the date of destruction.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter D - CONTRACT FOR DEED PROGRAM › Section 23.40 - Contract for Deed (CFD) Threshold and Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
Documentation that the Applicant can commit at least
					 $40,000 in cash reserves to facilitate administration of the program and to
					 ensure the capacity to cover costs prior to reimbursement or costs determined
					 to be ineligible for reimbursement. The amount of the cash reserve commitment
					 must be included in the Applicant's resolution. To meet this requirement,
					 Applicants must submit:
(1) financial
				  statements indicating adequate local unrestricted cash or cash equivalents to
				  utilize as cash reserves and a letter from the Applicant's bank(s) or financial
				  institution(s) indicating that current account balances are sufficient;
				  or
(2) evidence of an available
				  line of credit or equivalent in an amount equal to or exceeding the requirement
				  in this subsection.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter D - CONTRACT FOR DEED PROGRAM › Section 23.41 - Contract for Deed (CFD) General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Program funds
				  may be utilized for Acquisition or refinance, and New Construction, of single
				  family housing units occupied by the purchaser as shown on an executory
				  contract for conveyance.
(b) The
				  Household's income must not exceed 80 percent AMFI.
(c) The Department shall limit the
				  availability of funds for CFD for a minimum of 60 days for Activities proposing
				  to serve Households whose income does not exceed 60 percent AMFI, and for
				  properties located in a Colonia as defined in Tex. Gov't Code §
										2306.083.
(d) The Department will require a first lien
				  position.
(e) Direct Activity
				  Costs, exclusive of Match funds, are limited to the amounts described in this
				  subsection; however, not more than once per year, the Board in its sole
				  discretion, may increase or decrease by up to five percent of the limitation
				  for Direct Activity Costs. Total Activity costs may not exceed HUD Subsidy
				  Limits. Dollar amounts in a Household commitment contract are set at the time
				  of contract execution and may not be adjusted through this process. Current
				  dollar amounts under this subsection will be reflected on the Department's
				  website.
(1) Refinance, acquisition, and
				  closing costs: $35,000. In the case of a contract for deed housing unit that
				  involves the refinance or acquisition of a loan on an existing MHU and/or the
				  loan for the associated land, the Executive Director may grant an exception to
				  exceed this amount, however, the Executive Director will not grant an exception
				  to exceed $40,000 of assistance;
(2) Reconstruction and New Construction of
				  site-built housing: the lesser of $120 per square foot of conditioned space or
				  $135,000, or for Households of five or more Persons the lesser of $120 per
				  square foot of conditioned space or $150,000 for a four-bedroom unit;
				  and
(3) Replacement with an energy
				  efficient MHU: $90,000.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter E - TENANT-BASED RENTAL ASSISTANCE PROGRAM › Section 23.50 - Tenant-Based Rental Assistance (TBRA) Threshold and Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
All Applicants and Applications must submit Documentation
					 of a commitment of at least $15,000 for cash reserves to facilitate
					 administration of the program and to ensure the capacity to cover costs prior
					 to reimbursement or costs determined to be ineligible for reimbursement. The
					 amount of the cash reserve commitment must be included in the Applicant's
					 resolution. To meet this requirement, Applicants must submit:
(1) financial statements indicating adequate
				  local unrestricted cash or cash equivalents to utilize as cash reserves and a
				  letter from the Applicant's bank(s) or financial institution(s) indicating that
				  current account balances are sufficient; or
(2) evidence of an available line of credit
				  or equivalent in an amount equal to or exceeding the requirement in this
				  subsection; and
(3) evidence that
				  the Service Area for a Contract or RSP Agreement includes the entire rural or
				  urban area of a county as identified in the Application, excluding
				  Participating Jurisdictions. However, Service Areas must include Participating
				  Jurisdictions as applicable if the Agreement includes access to the Persons
				  with Disabilities set-aside. If the Applicant is a unit of local government,
				  the Service Area may be limited to the boundaries of the jurisdiction of the
				  Applicant.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter E - TENANT-BASED RENTAL ASSISTANCE PROGRAM › Section 23.52 - Tenant-Based Rental Assistance (TBRA) Administrative Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Commitment or Reservation of Funds. The
				  Administrator must submit the documents described in paragraphs (1) - (10) of
				  this subsection, with a request for the Commitment or Reservation of Funds:
(1) Head of Household name and address of
				  housing unit for which assistance is being requested;
(2) A budget that includes the amount of
				  Direct Activity Costs, Activity soft costs, administrative costs requested,
				  Match to be provided, evidence that Direct Activity Cost limitations are not
				  exceeded, and evidence that any duplication of benefit is addressed;
(3) Verification of environmental
				  clearance;
(4) A copy of the
				  Household's intake application on a form prescribed by the
				  Department;
(5) Certification of
				  the income eligibility of the Household signed by the Administrator, and all
				  Household members age 18 or over, and including the date of the income
				  eligibility determination. Administrator must submit documentation used to
				  determine the income and rental subsidy of the Household;
(6) Identification of Lead-Based Paint
				  (LBP);
(7) If applicable,
				  documentation to address or resolve any potential conflict of interest or
				  duplication of benefit;
(8) Project
				  address within 90 days of preliminary set up approval, if applicable;
(9) For Households assisted under the
				  Disaster set-aside, verification that the household was displaced or is at-risk
				  of displacement as a direct result of a Federal, State, or Locally declared
				  disaster approved by the Department within four years of the date of Activity
				  submission; and
(10) Any other
				  documentation necessary to evidence that the Activity meets the program
				  requirements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter F - SINGLE FAMILY DEVELOPMENT PROGRAM › Section 23.60 - Single Family Development (SFD) Threshold and Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
All Applicants and Applications must submit or comply with
					 this section.
(1) An Application for
				  Community Housing Development Organization (CHDO) certification. Applicants
				  must meet the requirement for CHDO certification as defined in §
										13.2 of this Title (relating to
				  the Multifamily Direct Loan Rule).
(2) The Applicant must provide:
(A) evidence of a line of credit or
				  equivalent tool of at least $80,000 from a financial institution that will be
				  available for use during the proposed development activities; or
(B) a letter from a third party Certified
				  Public Accountant (CPA) verifying the capacity of the owner or developer to
				  provide at least $80,000 as a short term loan for development; and
(C) a letter from the developer's or owner's
				  bank(s) confirming funds amounting to at least $80,000 is available.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter F - SINGLE FAMILY DEVELOPMENT PROGRAM › Section 23.61 - Single Family Development (SFD) General Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Program funds
				  under this subchapter may be used for the Development of new single family
				  housing for homeownership that complies with affordability requirements as
				  defined at 24 CFR §
											92.254.
(b) Program funds under this subchapter are
				  only eligible to be administered by a CHDO certified as such by the Department.
				  A separate grant for CHDO operating expenses may be awarded to CHDOs that
				  receive a Contract award if funds are provided for this purpose in the NOFA. A
				  CHDO may not receive more than one grant of CHDO operating funds in an amount
				  not to exceed $50,000 within any one year period, and may not draw more than
				  $25,000 in CHDO operating funds in any twelve month period from any source,
				  including CHDO operating funds from other HOME Participating
				  Jurisdictions.
(c) The Household's
				  income must not exceed 80 percent AMFI.
(d) Each unit must meet the design and
				  quality requirements described in paragraphs (1) - (5) of this subsection:
(1) Current applicable International
				  Residential Code, local codes, ordinances, and zoning ordinances in accordance
				  with 24 CFR §
												92.251(a);
(2) Include the following amenities: Wired
				  with RG-6 COAX or better and CAT3 phone cable or better to each bedroom and
				  living room; Blinds or window coverings for all windows; Disposal and
				  Energy-Star or equivalently rated dishwasher (must only be provided as an
				  option to each Household); Oven/Range; Exhaust/vent fans (vented to the
				  outside) in bathrooms; Energy-Star or equivalently rated lighting in all rooms,
				  which may include LED bulbs. The living room and each bedroom must contain at
				  least one ceiling lighting fixture and wiring must be capable of supporting
				  ceiling fans; and Paved off-street parking for each unit to accommodate at
				  least one mid-sized car and access to on-street parking for a second
				  car;
(3) Contain no less than two
				  bedrooms. Each unit must contain complete physical facilities and fixtures for
				  living, sleeping, eating, cooking, and sanitation;
(4) Each bedroom must be no less than 100
				  square feet; have a length or width no less than 8 feet; be self contained with
				  a door; have at least one window that provides exterior access; and have at
				  least one closet that is not less than two feet deep and three feet wide and
				  high enough to contain at least five feet of hanging space; and
(5) Be no less than 800 total net square feet
				  for a two bedroom home; no less than 1,000 total net square feet for a three
				  bedroom and two bathroom home; and no less than 1,200 total net square feet for
				  a four bedroom and two bathroom home.