Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter E - FEE SCHEDULE, APPEALS, AND OTHER PROVISIONS › Section 11.901 - Fee Schedule

Current through Reg. 49, No. 28; July 12, 2024
Any unpaid fees, as stated in this section, will cause an
					 Applicant to be ineligible to apply for Department funding, ineligible to
					 receive additional Department funding associated with a Commitment,
					 Determination Notice or Contract, and ineligible to submit extension requests,
					 ownership transfers, and Application amendments until such time the Department
					 receives payment. Payments of the fees shall be in the form of a check and to
					 the extent there are insufficient funds available, it may cause the
					 Application, Commitment, Determination Notice or Contract to be terminated or
					 Allocation rescinded. Other forms of payment may be considered on a
					 case-by-case basis. Applicants will be required to pay any insufficient payment
					 fees charged to the Department by the State Comptroller. The Executive Director
					 may extend the deadline for specific extenuating and extraordinary
					 circumstances, unless prohibited by other parts of this Chapter, provided the
					 Applicant submits a written request for an extension to a fee deadline no later
					 than five business days prior to the deadline associated with the particular
					 fee. For any payment that must be submitted in accordance with this chapter,
					 staff may grant relief of the associated deadline for that payment for unusual
					 or unpredictable circumstances that are outside of the Applicant's control such
					 as inclement weather or failed deliveries." Applicants must submit any payment
					 due under this chapter and operate under the assumption that the deadline for
					 such payment is final.
(1) Competitive
				  Housing Tax Credit Pre-Application Fee. A pre-application fee, in the amount of
				  $10 per Unit, based on the total number of Units reflected in the
				  pre-application, must be submitted with the pre-application in order for the
				  pre-application to be considered accepted by the Department. Pre-applications
				  in which a Community Housing Development Corporation (CHDO) or a private
				  Qualified Nonprofit Organization intends to serve as the Managing General
				  Partner of the Development Owner, or Control the Managing General Partner of
				  the Development Owner, may be eligible to receive a discount of 10% off the
				  calculated pre-application fee provided such documentation is submitted with
				  the fee. (§2306.6716(d))
(2)
				  Refunds of Competitive HTC Pre-application Fees. (§2306.6716(c)) Upon
				  written request from the Applicant, the Department shall refund the balance of
				  the pre-application fee for a Competitive HTC pre-application that is withdrawn
				  by the Applicant and that is not fully processed by the Department. The amount
				  of refund will be commensurate with the level of review completed. Initial
				  processing will constitute 50% of the review, threshold review prior to a
				  deficiency being issued will constitute 30% of the review, and review after
				  deficiencies are submitted and reviewed will constitute 20% of the review. In
				  no instance will a refund of the pre-application fee be made after the Full
				  Application Delivery Date.
(3)
				  Application Fee. Each Application must be accompanied by an Application fee.
(A) Housing Tax Credit Applications. For
				  Applicants having submitted a Competitive Housing Tax Credit pre-application
				  which met the pre-application threshold requirements, and for which a
				  pre-application fee was paid, the Application fee will be $20 per Unit based on
				  the total number of Units in the full Application. Otherwise, the Application
				  fee will be $30 per Unit based on the total number of Units in the full
				  Application. Applications in which a CHDO or Qualified Nonprofit Organization
				  intends to serve as the Managing General Partner of the Development Owner, or
				  Control the Managing General Partner of the Development Owner, may be eligible
				  to receive a discount of 10% off the calculated Application fee, provided such
				  documentation is submitted with the fee. (§2306.6716(d))
(B) Direct Loan Applications. The fee will be
				  $1,000 per Application except for those Applications that are layered with
				  Housing Tax Credits and submitted simultaneously with the Housing Tax Credit
				  Application. Pursuant to Tex. Gov't Code §
											2306.147(b),
				  the Department is required to waive Application fees for private nonprofit
				  organizations that offer expanded services such as child care, nutrition
				  programs, job training assistance, health services, or human services and if
				  Direct Loan funds are awarded. In lieu of the Application fee, these
				  organizations must include proof of their exempt status and a description of
				  their supportive services as part of the Application. The Application fee is
				  not a reimbursable cost under the Direct Loan Program.