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 23.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
These words when used in this Chapter shall have the
					 following meanings, unless the context clearly indicates otherwise. Additional
					 definitions may be found in Tex. Gov't Code Chapter 2306 or Chapter 20 of this
					 Title relating to Single Family Programs Umbrella Rule.
(1) Area Median Family Income--The income
				  limits published annually by the U.S. Department of Housing and Urban
				  Development (HUD) for the Housing Choice Voucher Program that is used by the
				  Department to determine the eligibility of Applicants for the HOME Program,
				  also referred to as AMFI.
(2)
				  CFR--Code of Federal Regulations.
(3) Commitment of Funds--Occurs when the
				  funds are awarded to an Administrator for a specific Activity approved by the
				  Department and set up in the Integrated Disbursement and Information System
				  (IDIS) established by HUD.
(4)
				  Construction Completion Date--The Construction Completion Date shall be the
				  date of completion of all improvements as stated on the affidavit of
				  completion, provided that the affidavit is filed within ten days of the stated
				  date of completion or the date of filing as outlined in Tex Prop. Code
				  §53.106.
(5) Date of
				  Assistance--The date that assistance is provided to the Household. For
				  Tenant-Based Rental Assistance, this is the start date of the rental subsidy.
				  For Homeowner Reconstruction Assistance and Contract for Deed, this is the date
				  of the loan closing or date of execution of grant agreement. For Single Family
				  Development and Homebuyer Assistance with New Construction, this is the date
				  that the Household executes the purchase agreement.
(6) Development Site--The area, or if
				  scattered site, areas on which the development is proposed to be
				  located.
(7) Direct Activity
				  Costs--The total costs of hard construction costs, demolition costs, aerobic
				  septic systems, refinancing costs (as applicable), acquisition and closing
				  costs for acquisition of real property, and rental and utility subsidy and
				  deposits.
(8) HOME Final Rule--The
				  regulations with amendments promulgated at 24 CFR, Part 92 as published by HUD
				  for the HOME Investment Partnerships Program at
				  42 U.S.C. §§
											12701-
				  12839.
(9) Homeownership--Ownership in fee simple
				  title in a one to four unit dwelling or in a condominium unit, or equivalent
				  form of ownership approved by the Department. Homeownership is not right to
				  possession under a contract for deed, installment contract, or land contract
				  that has not converted into a deed for title ownership.
(10) Identity of Interest--An acquisition
				  will be considered to be an Identity of Interest transaction when the purchaser
				  has any financial interest whatsoever in the seller or lender or is subject to
				  common control, or any family relationship by virtue of blood, marriage, or
				  adoption exists between the purchaser and the seller or lender.
(11) Match--Funds contributed to an Activity
				  that meet the requirements of
				  24 CFR §§
											92.218-
				  92.220. Match contributed to an
				  Activity does not include mortgage revenue bonds, non HOME-assisted projects,
				  and cannot include any other sources of Department funding unless otherwise
				  approved in writing by the Department.
(12) New Construction--Construction of a new
				  Single Family Housing Unit which involves:
(A)
				  Construction on a lot that was not the site of a Single Family Housing Unit on
				  the date HOME assistance was requested;
(B) Construction of a new Single Family
				  Housing Unit following acquisition; or
(C) Construction of a site-built Single
				  Family Housing Unit that replaces a manufactured housing unit.