Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 12 - MULTIFAMILY HOUSING REVENUE BOND RULES › Section 12.4 - Pre-Application Process and Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a) Pre-Inducement
				Questionnaire. Prior to the filing of a pre-application, the Applicant shall
				submit the Pre-Inducement Questionnaire, in the form prescribed by the
				Department, so the Department can have a preliminary understanding of the
				proposed Development plan before a pre-application and corresponding fees are
				submitted. After reviewing the pre-inducement questionnaire, Department staff
				will follow-up with the Applicant to discuss the next steps in the process and
				may schedule a pre-inducement conference call or meeting. Prior to the
				submission of a pre-application, it is essential that the Department and
				Applicant communicate regarding the Department's objectives and policies in the
				development of affordable housing throughout the State using Bond financing.
				The acceptance of the questionnaire by the Department does not constitute a
				pre-application or Application and does not bind the Department to any formal
				action regarding an inducement resolution.
(b) Neighborhood Risk Factors. If the
				Development Site has any of the characteristics described in
				§11.101(a)(3)(D) of this part (relating to Neighborhood Risk Factors), the
				Applicant must disclose the presence of such characteristics to the Department.
				Disclosure may be done at time of pre-application and handled in connection
				with the inducement or it can be addressed at the time of Application
				submission. The Applicant understands that any determination made by staff or
				the Board at the time of bond inducement regarding Site eligibility based on
				the documentation presented, is preliminary in nature. Should additional
				information related to any of the Neighborhood Risk Factors become available
				while the Tax-Exempt Bond Development Application is under review, or the
				information by which the original determination was made changes in a way that
				could affect eligibility, then such information will be re-evaluated and
				presented to the Board.
(c)
				Pre-Application Process. An Applicant who intends to pursue Bond financing from
				the Department shall submit a pre-application by the corresponding
				pre-application submission deadline, as set forth by the Department. The
				required pre-application fee as described in §
									12.10 of this chapter (relating to
				Fees) must be submitted with the pre-application in order for the
				pre-application to be considered accepted by the Department. Department review
				at the time of the pre-application is limited and not all issues of
				eligibility, fulfillment of threshold requirements in connection with the full
				Application, and documentation submission requirements pursuant to Chapter 11
				of this part (relating to Housing Tax Credit Program Qualified Allocation Plan)
				are reviewed. The Department is not responsible for notifying an Applicant of
				potential areas of ineligibility or other deficiencies at the time of
				pre-application. If the Development meets the criteria as described in §
									12.5 of this chapter (relating to
				Pre-Application Threshold Requirements), the pre-application will be scored and
				ranked according to the selection criteria as described in §
									12.6 of this chapter (relating to
				Pre-Application Scoring Criteria). The selection criteria, as further described
				in §
									12.6 of this chapter, reflects a
				structure that gives priority consideration to specific criteria as outlined in
				Tex. Gov't Code, §
									2306.359, as well as
				other important criteria. Tie Breakers. Should two or more pre-applications
				receive the same score, the Department will utilize the factors in this
				section, which will be considered in the order they are presented herein, to
				determine which pre-application will receive preference in consideration of a
				Certificate of Reservation:
(1) To the
				pre-application that was on the waiting list with the TBRB but did not have an
				active Certificate of Reservation at the time of the TBRB lottery and achieved
				the maximum number of points under §
										12.6(12) of this
				chapter (relating to Waiting List); and
(2) To the pre-application with the highest
				number of positive points achieved under §
										12.6(9) of this
				chapter (relating to Development Support/Opposition).