Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter C - APPLICATION SUBMISSION REQUIREMENTS, INELIGIBILITY CRITERIA, BOARD DECISIONS AND WAIVER OF RULES › Section 11.204 - Required Documentation for Application Submission

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this section is to identify the threshold
					 documentation that is required at the time of Application submission, unless
					 specifically indicated or otherwise required by Department rule. Unless stated
					 otherwise, all documentation identified in this section must not be dated more
					 than six (6) months prior to the close of the Application Acceptance Period or
					 the date of Application submission as applicable to the program.
(1) Certification, Acknowledgement and
				  Consent of Development Owner. A certification of the information in this
				  subchapter as well as Subchapter B of this chapter must be executed by the
				  Development Owner and addresses the specific requirements associated with the
				  Development. The Person executing the certification is responsible for ensuring
				  all individuals referenced therein are in compliance with the certification and
				  that they have given it with all required authority and with actual knowledge
				  of the matters certified.
(A) The Development
				  will adhere to the Texas Property Code relating to security devices and other
				  applicable requirements for residential tenancies, and will adhere to local
				  building codes or, if no local building codes are in place, then to the most
				  recent version of the International Building Code.
(B) This Application and all materials
				  submitted to the Department constitute records of the Department subject to
				  Tex. Gov't Code, Chapter 552. Any person signing the Certification acknowledges
				  that they have the authority to release all materials for publication on the
				  Department's website, that the Department may publish them on the Department's
				  website and release them in response to a request for public information, and
				  make other use of the information as authorized by law.
(C) All representations, undertakings and
				  commitments made by Applicant in the Application process expressly constitute
				  conditions to any Commitment, Determination Notice, Carryover Allocation, or
				  Direct Loan Commitment for such Development which the Department may issue or
				  award, and the violation of any such condition shall be sufficient cause for
				  the cancellation and rescission of such Commitment, Determination Notice,
				  Carryover Allocation, or Direct Loan Commitment by the Department. If any such
				  representations, undertakings and commitments concern or relate to the ongoing
				  features or operation of the Development, they shall be enforceable even if not
				  reflected in the Land Use Restriction Agreement. All such representations,
				  undertakings and commitments are also enforceable by the Department and the
				  residents of the Development, including enforcement by administrative penalties
				  for failure to perform (consistent with Chapter 2, Subchapter C of this title,
				  relating to Administrative Penalties), in accordance with the Land Use
				  Restriction Agreement.
(D) The
				  Development Owner has read and understands the Department's fair housing
				  educational materials posted on the Department's website as of the beginning of
				  the Application Acceptance Period.
(E) The Development Owner agrees to implement
				  a plan to use Historically Underutilized Businesses (HUB) in the development
				  process consistent with the Historically Underutilized Business Guidelines for
				  contracting with the State of Texas. The Development Owner will be required to
				  submit a report of the success of the plan as part of the cost certification
				  documentation, in order to receive IRS Forms 8609 or, if the Development does
				  not have Housing Tax Credits, release of retainage.
(F) The Applicant will attempt to ensure that
				  at least 30% of the construction and management businesses with which the
				  Applicant contracts in connection with the Development are Minority Owned
				  Businesses as further described in Tex. Gov't Code §
											2306.6734.
(G) The Development Owner will specifically
				  market to veterans through direct marketing or contracts with veteran's
				  organizations and will specifically market to the public housing authority
				  (PHA) waitlists for any PHA in the city and/or county the Development is
				  located within and the PHA of any City within 5 miles of the Development. The
				  Development Owner will be required to identify how they will specifically
				  market to veterans and the PHA waiting lists and report to the Department in
				  the annual housing report on the results of the marketing efforts to veterans
				  and PHA waiting lists. Exceptions to this requirement must be approved by the
				  Department.
(H) The Development
				  Owner will comply with any and all notices required by the
				  Department.
(I) If the Development
				  has an existing LURA with the Department, the Development Owner will comply
				  with the existing restrictions.