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 11.207 - Waiver of Rules

Current through Reg. 49, No. 28; July 12, 2024
An Applicant may request a waiver from the Board in writing
					 at or prior to the submission of the pre-application (if applicable) or the
					 Application or subsequent to an award. Waiver requests on Competitive HTC
					 Applications will not be accepted between submission of the Application and any
					 award for the Application. Staff may identify and initiate a waiver request to
					 remedy an error in the QAP or other Multifamily rules, provide necessary relief
					 in response to a natural disaster, or address facets of an Application or
					 Development that have not been contemplated. The Applicant must submit plans
					 for mitigation or alternative solutions with the waiver request. Any such
					 request for waiver submitted by an Applicant must be specific to an actual
					 proposed Development and must be submitted to the Department in the format
					 required in the Multifamily Programs Procedures Manual. Any waiver, if granted,
					 shall apply solely to the Application and shall not constitute a general
					 modification or waiver of the rule involved. All waiver requests must meet the
					 requirements of paragraphs (1) and (2) of this subsection.
(1) A waiver request made at or prior to
				  pre-application or Application must establish that the need for the waiver is
				  not within the control of the Applicant or is due to an overwhelming need. A
				  recommendation for a waiver may be subject to the Applicant's provision of
				  alternative design elements or amenities of a similar nature or that serve a
				  similar purpose. Waiver requests for items that were elected to meet scoring
				  criteria or where the Applicant was provided a menu of options to meet the
				  requirement will not be considered to satisfy this paragraph, unless the
				  Applicant demonstrates that all potential options have been
				  exhausted.
(2) The waiver request
				  must establish how, by granting the waiver, it better serves the policies and
				  purposes articulated in Tex. Gov't Code §§
										2306.001,
				  2306.002,
				  2306.359, and
				  2306.6701, (which are
				  general in nature and apply to the role of the Department and its programs,
				  including the Housing Tax Credit program) than not granting the
				  waiver.
(3) The Board may not grant
				  a waiver to provide directly or implicitly any Forward Commitments, unless due
				  to extenuating and unforeseen circumstances as determined by the Board. The
				  Board may not waive any requirement contained in statute. The Board may grant a
				  waiver that is in response to a natural, federally declared disaster that
				  occurs after the adoption of the Qualified Allocation Plan to the extent
				  authorized by a governor declared disaster proclamation suspending statutory or
				  regulatory requirements.