reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.619 - Monitoring for Social Services

Current through Reg. 49, No. 28; July 12, 2024
(a) If a
				  Development's LURA requires the provision of social services, the Department
				  will confirm this requirement is being met in accordance with the LURA. Owners
				  are required to maintain sufficient documentation to evidence that services are
				  actually being provided. Documentation will be reviewed during monitoring
				  reviews beginning with the first monitoring review. Planned services with
				  specific dates may suffice as evidence of compliance during the first
				  monitoring review. Evidence of services must be submitted to the Department
				  upon request. The first monitoring review Example 619(1): The Owner's LURA
				  requires provision of onsite daycare services. The Owner maintains daily sign
				  in sheets to demonstrate attendance and keeps a roster of the households that
				  are regularly participating in the program. The Owner also keeps copies of all
				  newsletters and fliers mailed out to the Development tenants that reference
				  daycare services. Example 619(2): The Owner's LURA requires a monetary amount
				  to be expended on a monthly basis for supportive services. The Owner maintains
				  a copy of an agreement with a Supportive Service provider and documents the
				  amount expended as evidence that this requirement is being met.
(b) A substantive modification of the scope
				  of tenant services requires Board approval. Such requests must comply with
				  procedures in §
										10.405
				  of this chapter (relating to Amendments and Extensions). It is not necessary to
				  obtain prior written approval to change the provider of services unless the
				  scope of services is being changed. Failure to comply with the requirements of
				  this section shall result in a finding of noncompliance.
(c) If the Development's LURA requires a
				  monthly expenditure for the provision of services, the Department will monitor
				  to confirm compliance. Includable costs to support the expenditure include
				  those costs directly related to providing the service(s). Such costs can
				  include, but are not limited to, the cost of contracting the services with a
				  qualified provider, cost of notification of such services (for example, a
				  monthly newsletter), and other costs that can be documented and would only be
				  incurred as a result of the service. An Owner cannot include any costs related
				  to the normal expense of maintaining or operating a Development, utility bills
				  of any kind, in-kind contributions or services, cleaning or contracted
				  janitorial services, office supplies, cost of copier or fax, costs incurred for
				  maintenance of machinery, or volunteer hours. This list is not inclusive, but
				  any other costs identified by the Owner shall be reviewed for consistency with
				  this subsection.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.620 - Monitoring for Non-Profit Participation, HUB, or CHDO Participation

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Development's LURA requires the
				  material participation of a non-profit or Historically Underutilized Business
				  (HUB), the Department will confirm whether this requirement is being met.
				  Owners are required to maintain sufficient documentation to evidence that a
				  non-profit or HUB so participating is in good standing with the Texas
				  Comptroller of Public Accounts, Texas Secretary of State and/or IRS as
				  applicable and that it is actually materially participating in a manner that
				  meets the requirements of the IRS. Documentation may be reviewed during onsite
				  visits or must be submitted to the Department upon request.
(b) If the HOME funds were awarded from the
				  Community Housing and Development Organization (CHDO) set aside on or after
				  August 23, 2013, the Department will monitor that the Development remains
				  controlled by a CHDO throughout the federal affordability period.
(c) If an Owner wishes to change the
				  participating non-profit, HUB, or CHDO, prior written approval from the
				  Department is necessary. In addition, the IRS will be notified if the
				  non-profit is not materially participating on an HTC Development during the
				  Compliance Period.
(d) The
				  Department does not enforce partnership agreements or other agreements between
				  third parties or determine fund distributions of partnerships. These disputes
				  are matters for a court of competent jurisdiction or other agreed resolution
				  among the parties.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.621 - Property Condition Standards

Current through Reg. 49, No. 28; July 12, 2024
(a) All
				  Developments funded by the Department must be decent, safe, sanitary, in good
				  repair, and suitable for occupancy throughout the Affordability Period. The
				  Department will use HUD's National Standards for the Physical Inspection of
				  Real Estate (NSPIRE) to determine compliance with property condition standards.
				  In addition, Developments must comply with all local health, safety, and
				  building codes. Timelines for correcting deficiencies under the NSPIRE
				  standards are as follows:
(1) Life-Threatening
				  and Severe deficiencies must be corrected within 24 hours.
(2) Moderate deficiencies must be corrected
				  within 30 days.
(3) Low
				  deficiencies must be corrected within 60 days.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.624 - Compliance Requirements for Developments with 811 PRA Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Compliance with 811 PRA requirements will
				  be monitored at least once every three years, either through an onsite review
				  or a desk review. During the review, Department staff will monitor for
				  compliance with program eligibility which includes the following:
(1) The household must include at least one
				  person with a disability and who is 18 years of age or older and less than 62
				  years of age at the time of admission into the Development; and the person with
				  a disability must be part of one or more of the target populations for the 811
				  program.
(2) The household's income
				  is less than the extremely low income limit at move in.
(3) The Owner must check the following
				  criminal history related to drug use of the household. Households in the 811
				  PRA program must not include:
(A) Any
				  member(s) who was evicted in the last three years from federally assisted
				  housing for drug-related criminal activity;
(B) Any member that is currently engaged in
				  illegal use of drugs or for which the Owner has reasonable cause to believe
				  that a member's illegal use or pattern of illegal use of a drug may interfere
				  with the health, safety, and right to peaceful enjoyment of the property by
				  other residents; and
(C) Any member
				  who is subject to a State sex offender lifetime registration
				  requirement.
(4) Student
				  Status. If the household includes a student, the student must meet all of the
				  criteria described in HUD handbook 4350.3 par. 3-13B, as modified by the
				  September 21, 2016, Federal Register Notice 5969-N-01.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.625 - Events of Noncompliance

Current through Reg. 49, No. 28; July 12, 2024
Figure: 10 TAC § 10.625lists events for which a
					 multifamily rental Development may be found to be in noncompliance for
					 compliance monitoring purposes. This list is not an exclusive list of events
					 and issues for which an Owner may be subject to an administrative penalty,
					 debarment or other enforcement action. The first column of the chart identifies
					 the noncompliance event. The second column indicates to which program(s) the
					 noncompliance event applies. The last column indicates if the issue is
					 reportable on IRS Form 8823 for HTC Developments.
Attached
					 Graphic
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.626 - Liability

Current through Reg. 49, No. 28; July 12, 2024
Full compliance with all applicable program requirements, including compliance with §42 of the Code, is the responsibility of the Development Owner. If the Development Owner engages a third party to address any such requirements, they are jointly and severally liable with the Development Owner. By monitoring for compliance, the Department in no way assumes any liability whatsoever for any action or failure to act by the Development Owner, including the Development Owner's noncompliance with §42 of the Code, the Fair Housing Act, §504 of the Rehabilitation Act of 1973, HOME, HOME-ARP, NHTF, TCAP RF, and NSP program regulations, Bond and ERA program requirements, and any other laws, regulations, requirements, or other programs monitored by the Department.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter F - COMPLIANCE MONITORING › Section 10.627 - Temporary Suspension of Sections of this Subchapter

Current through Reg. 49, No. 28; July 12, 2024
(a) Subject to the limitations stated in this section, temporary suspensions of sections of this subchapter may be granted by the Executive Director if there are extenuating circumstances which make it not possible or an undue administrative burden to comply with a requirement of this subchapter as long as substantial compliance is still in effect. For example, the Executive Director could suspend the requirement to report online or use Department approved forms, or alter the sample size for calculating a utility allowance using the actual use method.
(b) Under no circumstances can the Executive Director, the Enforcement Committee or the Board suspend for any period of time compliance with the HOME Final Rule, NHTF Interim Rule, or regulations issued by HUD or any other federal agency when required by federal law.
(c) Under no circumstances can the Executive Director, the Enforcement Committee or the Board suspend for any period of time Treasury Regulations, IRS publications controlling the submission of IRS Form 8823, or any sections of  26 U.S.C. §
											42.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter G - AFFIRMATIVE MARKETING REQUIREMENTS AND WRITTEN POLICIES AND PROCEDURE › Section 10.800 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The capitalized terms in this subchapter shall have the
					 meaning as defined in this title in Chapter 1 (relating to Administration),
					 Chapter 2 (relating to Enforcement), Chapter 11 (relating to the Qualified
					 Allocation Plan), Chapter 12 (relating to the Multifamily Housing Revenue Bond
					 Rules), Chapter 13 (relating to the Multifamily Direct Loan Rule), or Tex.
					 Gov't Code Chapter 2306, Internal Revenue Code (the Code) §42, the HOME
					 Final Rule, and other federal or Department rules, as
					 applicable.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1001 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to codify the income and rent limits applicable to the multifamily programs administered by the Texas Department of Housing and Community Affairs (the Department). The Department may, but is not required to, calculate and provide income and rent limits for programs administered by the Department. Income and rent limits will be derived from data released by Federal agencies including the U.S. Department of Housing and Urban Development (HUD).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1002 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise defined here, terms have the meaning in §
										11.1 of this title (relating to Definitions), or federal or state law.
(b) Multifamily Tax Subsidy Program Imputed Income Limit--Using the income limits provided by HUD pursuant to §142(d), the imputed income limit is the income limitation which would apply to individuals occupying the unit if the number of individuals occupying the unit were as described in paragraphs (1) and (2) of this subsection:
(1) in the case of a unit which does not have a separate bedroom, 1 individual; or
(2) in the case of a unit which has 1 or more separate bedrooms, 1.5 individuals for each separate bedroom.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1003 - Tax Exempt Bond Developments

Current through Reg. 49, No. 28; July 12, 2024
(a) Tax Exempt Bond Developments must use the Multifamily Tax Subsidy Program (MTSP) income limits released by HUD, generally, on an annual basis. The MTSP limit tables include:
(1) The 50% and 60% Area Median Gross Income (AMGI) by household size.
(2) In areas where the income limits did not decrease in 2007 and 2008 because of HUD's hold harmless policy, a HERA Special 50% and HERA Special 60% income limit by household size. These higher limits can only be used if at least one building in the Project was placed in service on or before December 31, 2008.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1004 - Housing Tax Credit Properties, TCAP, Exchange and SHTF

Current through Reg. 49, No. 28; July 12, 2024
(a) Except for certain rural properties, Housing Tax Credit, TCAP, Exchange, and SHTF Developments must use the Multifamily Tax Subsidy Program (MTSP) income limits released by HUD, generally, on an annual basis. The MTSP limit tables include:
(1) The 50% and 60% Area Median Gross Income (AMGI) by household size.
(2) In areas where the income limits did not decrease in 2007 and 2008 because of HUD's hold harmless policy, a HERA Special 50% and HERA Special 60% income limit by household size. These higher limits can only be used if at least one building in the Project (as defined on line 8b on Form 8609) was placed in service on or before December 31, 2008.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1005 - HOME, HOME-ARP, TCAP RF, and NSP

Current through Reg. 49, No. 28; July 12, 2024
(a) HOME,
				  HOME-ARP, HOME Match and TCAP RF units must use the HOME Program Income and
				  Rent Limits that are calculated annually by HUD's Office of Policy Development
				  and Research (PDR). The limits are made available for each Metropolitan
				  Statistical Areas (MSA), Primary Metropolitan Statistical Areas (PMSA) and
				  Area, District or County by State.
(1) Upon
				  publication, the Department will determine which counties are in each MSA,
				  PMSA, Area or District.
(2)
				  Generally, PDR publishes income limits in tables identifying the following Area
				  Median Gross Income (AMGI) by household size:
(A) Extremely Low-Income Limits which are
				  generally 30% of median income, which will be shown as the 30% limit in the
				  Department's income limits;
(B)
				  Very Low-Income Limits which are generally 50% of median income, which will be
				  shown as the 50% limit in the Department's income limits;
(C) 60% Limits; and
(D) Low-Income Limits which are generally 80%
				  of the median income, but capped at the national median income with some
				  exceptions which will be shown as the 80% limits in the Department's income
				  limits.
(3) If not
				  published, the Department will use the following methodology to calculate,
				  without rounding, additional income limits from the HOME Program income limits
				  released by PDR:
(A) To calculate the 30%
				  AMGI, the 50% AMGI limit will be multiplied by.60 or 60%.
(B) To calculate the 40% AMGI, the 50% AMGI
				  limit will be multiplied by.80 or 80%.
(C) To calculate the 60% AMGI, the 50% AMGI
				  limit will be multiplied by 1.2 or 120%.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1006 - National Housing Trust Fund (NHTF)

Current through Reg. 49, No. 28; July 12, 2024
(a) The 30% National Housing Trust Fund Income and Rent Limits are calculated annually by HUD's Office of Policy Development and Research (PDR). The limits are made available for each Metropolitan Statistical Areas (MSA), Primary Metropolitan Statistical Areas (PMSA) and Area, District or County by State. Generally, PDR publishes income limits in tables identifying the Area Median Gross Income (AMGI) by household size. The 30% NHTF income limit is the greater of the 30% limit and the federal poverty line. The 15% NHTF income limit will be half of the 30% NHTF income limit.
(b) PDR publishes 30% NHTF Rent Limits by bedroom size. The 30% NHTF rent limit is calculated based on the greater of the 30% AMGI or the federal poverty line. The 15% NHTF rent limit will be half of the 30% NHTF rent limit.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter H - INCOME AND RENT LIMITS › Section 10.1007 - Emergency Rental Assistance (ERA)

Current through Reg. 49, No. 28; July 12, 2024
(a) The Emergency Rental Assistance Developments (ERA) must use the Section 8 income limits released by HUD, generally, on an annual basis. The Section 8 limit tables include the 30% and 50% by household size.
(b) The Land Use Restriction Agreement (LURA), for Emergency Rental Assistance Developments restricts the amount of rent the Development Owner is permitted to charge.
(1) If ERA is layered with Housing Tax Credit Properties, TCAP, Exchange and SHTF, the LURA restricted rent limits will be calculated in accordance with §
											10.1004(d) of this subchapter (relating to Housing Tax Credit properties, TCAP, Exchange and SHTF)
(2) If ERA is layered with HOME, HOME-ARP, TCAP RF, and NSP, the LURA restricted rent limits will be calculated in accordance with §
											10.1005(b) of this subchapter (relating to HOME, HOME-ARP, TCAP RF, and NSP)
(3) If ERA is layered with NHTF, the LURA restricted rent limits will be calculated in accordance with §
											10.1006(b) of this subchapter (relating to NHTF).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1101 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of Chapter 10, Subchapter I is to:
(1) Establish rules governing Developments
				  owned or sponsored by a Public Facility Corporation (PFC) that are subject to
				  Sections
				  303.0421 and
				  303.0425 of the
				  Texas Local Government Code.
(2)
				  Enable the Department to communicate with Responsible Parties and persons with
				  an interest in the Development, regarding the results of the Audit
				  Report.
(3) Establish
				  qualifications for Auditors and reporting standards and formats.
(4) Implement compliance requirements, tenant
				  protections, and affirmative marketing requirements, as required by Sections
				  303.0421 and
				  303.0425 of the
				  Texas Local Government Code.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1103 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
The following reporting requirements apply to Developments
					 owned by a Public Facility Corporation (PFC), subject to Sections
					 303.0421 and
					 303.0425 of the
					 Texas Local Government Code, and not eligible to be grandfathered under
					 previous law pursuant to the criteria established by House Bill 2071, 88th
					 Texas Legislative Session, effective June 18, 2023.
(1) No later than June 1 of each year, the
				  Public Facility User will submit to the Department an Audit Report from an
				  Auditor, obtained at the expense of the Public Facility User. Concurrently with
				  submission of the Audit Report, the Operator will complete the contact
				  information form available on the Department's website.
(2) The first Audit Report must include a
				  copy of the Regulatory Agreement. The first Audit Report for a Development must
				  be submitted no later than June 1 of the year following the first anniversary
				  of:
(A) The date of the PFC acquisition for an
				  occupied Development; or
(B) The
				  date a newly constructed PFC Development first becomes occupied by one or more
				  tenants.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1105 - Income and Rent Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Annual Income
				  for a household occupying a Restricted Unit shall be determined consistent with
				  the Section 8 Program administered by the U.S. Department of Housing and Urban
				  Development (HUD), using the definitions of annual income described in
				  24 CFR §
											5.609 as further described in the HUD
				  Handbook 4350.3, as amended from time to time.
(b) Income and rent limits will be derived
				  from data released by HUD.
(c) The
				  income and rent limits specified in the Regulatory Agreement will be used to
				  determine if a household's income and rent is restricted.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1106 - Penalties

Current through Reg. 49, No. 28; July 12, 2024
Noncompliance with Sections 303.0421 and or
					 303.0425 of the
					 Texas Local Government Code, or this Subchapter, continuing after all available
					 notice and corrective action periods, will result in a Department report to the
					 Texas Comptroller and Chief Appraiser, and recommendation of loss of the ad
					 valorem exemption for the Development for the tax year in which a multifamily
					 residential development that is owned by a public facility corporation is
					 determined by the Department based on an Audit to not be in compliance with the
					 requirements of Section 303.0421 or 303.0425.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter I - PUBLIC FACILITY CORPORATION COMPLIANCE MONITORING › Section 10.1107 - Options for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) The Public Facility User must attempt to
				  address any issues of noncompliance identified in the Audit Report with the
				  Auditor, prior to submission of the Audit Report to the Department.
(b) The Public Facility User may request to
				  meet with a Compliance Director or Manager at the Department. The Public
				  Facility User and Auditor, as applicable, must provide all documentation
				  requested by the Department within three calendar days prior to the
				  meeting.
(c) A Public Facility User
				  may request alternative dispute resolution in accordance with the Department's
				  rules regarding such resolution set forth at §
										1.17 of this title (related to
				  Alternative Dispute Resolution).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.3 - Housing De-Concentration Factors

Current through Reg. 49, No. 28; July 12, 2024
(a) Rules reciting
				  statutory limitations are provided as a convenient reference only, and to the
				  extent there is any deviation from the provisions of statute, the statutory
				  language is controlling.
(b) Two
				  Mile Same Year Rule (Competitive HTC Only).
(1) As required by Tex. Gov't Code §
											2306.6711(f),
				  staff will not recommend for award, and the Board will not make an award to an
				  Application that proposes a Development Site located in a county with a
				  population that exceeds one million, if the proposed Development Site is also
				  located less than two linear miles from the proposed Development Site of
				  another Application within said county that is awarded in the same calendar
				  year. If two or more Applications are submitted that would violate
				  §2306.6711(f), the lower scoring of the Applications, including
				  consideration of tie-breakers, will not be reviewed unless the higher scoring
				  Application is terminated or withdrawn. The higher scoring Application will
				  take priority regardless of the Set-Asides under which the Applications are
				  submitted.
(2) This subsection does
				  not apply if an Application is located in an area that meets the requirements
				  of Tex. Gov't Code §
											2306.6711(f-1),
				  which excludes any municipality with a population of two million or more where
				  a federal disaster has been declared by the Full Application Delivery Date as
				  identified in §
											11.2(a) of this
				  chapter (relating to Competitive HTC Deadlines), and the governing body of the
				  municipality containing the Development has by vote specifically authorized the
				  allocation of housing tax credits for the Development in a resolution submitted
				  by the Full Application Delivery Date as identified in §
											11.2(a) of this
				  chapter, and the municipality is authorized to administer disaster recovery
				  funds as a subgrant recipient.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.4 - Tax Credit Request, Award Limits, and Increase in Eligible Basis

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Credit Amount (Competitive HTC Only). (§2306.6711(b)) The Board may not
				  award or allocate to an Applicant, Developer, Affiliate, or Guarantor (unless
				  the Guarantor is also the General Contractor or provides the guaranty only
				  during the construction period, and is not a Principal of the Applicant,
				  Developer or Affiliate of the Development Owner) Housing Tax Credits in an
				  aggregate amount greater than $6 million in a single Application Round. Prior
				  to posting the agenda for the last Board meeting in June, an Applicant that has
				  Applications pending for more than $6 million in credit may notify staff in
				  writing or by email of the Application(s) they will not pursue in order to
				  bring their request within the $6 million cap. Any other Applications they do
				  not wish to pursue will remain on the waiting list if not otherwise terminated.
				  If the Applicant has not made this self-selection by this date, staff will
				  first select the Application(s) that will enable the Department to comply with
				  the state and federal non-profit set-asides, and will then select the highest
				  scoring Application, including consideration of tie-breakers if there are tied
				  scores. The Application(s) that does not meet Department criteria will not be
				  reviewed unless the Applicant withdraws an Application that is eligible for an
				  award and has been reviewed. All entities that are under common Control are
				  Affiliates. For purposes of determining the $6 million limitation, a Person is
				  not deemed to be an Applicant, Developer, Affiliate, or Guarantor solely
				  because it:
(1) Raises or provides
				  equity;
(2) Provides "qualified
				  commercial financing";
(3) Is a
				  Qualified Nonprofit Organization or other not-for-profit entity that is
				  providing solely loan funds, grant funds or social services; or
(4) Receives fees as a consultant or advisor
				  that do not exceed $200,000.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.7 - Tie Breaker Factors

Current through Reg. 49, No. 28; July 12, 2024
In the event there are Competitive HTC Applications that
					 receive the same number of points in any given set-aside category, rural
					 regional allocation or urban regional allocation, or rural or statewide
					 collapse, the Department will utilize the factors in this section, in the order
					 they are presented, to determine which Development will receive preference in
					 consideration for an award. For the purposes of this section, all measurements
					 will include ingress/egress requirements and any easements regardless of how
					 they will be held. The tie breaker factors are not intended to specifically
					 address a tie between equally underserved subregions in the rural or statewide
					 collapse.
(1) For Applications funded
				  through the USDA Set-Aside
(A) Applications
				  proposed to rehabilitate the property with the earliest year of initial
				  construction as a residential Development.
(i)
				  Only the year of initial construction will be taken into consideration. The
				  specific date of construction or conversion will not affect this tie breaker. A
				  tie will persist if two Applications have the same year. In the event that a
				  Development was constructed over a number of years, the earliest year will be
				  used.
(ii) Year submitted must be
				  evidenced by the initial USDA loan documentation. If such documentation does
				  not exist or cannot be provided, the Application is ineligible for this
				  tiebreaker.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.8 - Pre-Application Requirements (Competitive HTC Only)

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General Submission Requirements. The pre-application process allows Applicants
				  interested in pursuing an Application to assess potential competition across
				  the 13 state service regions, subregions, and set-asides. Based on an
				  understanding of the potential competition they can make a more informed
				  decision about whether they wish to proceed to prepare and submit an
				  Application. A complete pre-application is a pre-application that meets all of
				  the Department's criteria, as outlined in subsections (a) and (b) of this
				  section.
(1) The pre-application must be
				  submitted using the URL provided by the Department, as outlined in the
				  Multifamily Programs Procedures Manual, along with the required pre-application
				  fee as described in §
											11.901 of this chapter (relating
				  to Fee Schedule), not later than the pre-application Final Delivery Date as
				  identified in §
											11.2(a) of this
				  chapter (relating to Competitive HTC Deadlines). If the pre-application and
				  corresponding fee is not submitted on or before this deadline the Applicant
				  will be deemed to have not made a pre-application.
(2) Only one pre-application may be submitted
				  by an Applicant for each Development Site and for each Site Control
				  document.
(3) Department review at
				  this stage is limited, and not all issues of eligibility and threshold are
				  reviewed or addressed at pre-application. Acceptance by staff of a
				  pre-application does not ensure that an Applicant satisfies all Application
				  eligibility, threshold or documentation requirements. While the pre-application
				  is more limited in scope than the Application, pre-applications are subject to
				  the same limitations, restrictions, or causes for disqualification or
				  termination as Applications, and pre-applications will thus be subject to the
				  same consequences for violation, including but not limited to loss of points
				  and termination of the pre-application.
(4) The pre-application becomes part of the
				  full Application if the full Application claims pre-application
				  points.
(5) Regardless of whether a
				  Full Application is submitted, a pre-application may not be withdrawn after the
				  Full Application Delivery Date described in §
											11.2(a) of this
				  chapter.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.9 - Competitive HTC Selection Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Information. This section identifies the scoring criteria used in evaluating
				  and ranking Applications. The criteria identified in subsections (b) - (e) of
				  this section include those items required under Tex. Gov't Code, Chapter 2306,
				  Code §42, and other criteria established in a manner consistent with
				  Chapter 2306 and Code §42. There is no rounding of numbers in this section
				  for any of the calculations in order to achieve the desired requirement or
				  limitation, unless rounding is explicitly stated as allowed for that particular
				  calculation or criteria. The Application must include one or more maps
				  indicating the location of the Development Site and the related distance to the
				  applicable facility. Distances are to be measured from the nearest boundary of
				  the Development Site to the nearest boundary of the property or easement
				  containing the facility, unless otherwise noted. For the purposes of this
				  section, all measurements will include ingress/egress requirements and any
				  easements regardless of how they will be held. Applications will only be
				  reviewed for point items specifically elected in the Application. Except for
				  scoring items that are awarded based on tiered categories, if an Application is
				  determined to not qualify for the points elected, Department staff will not
				  evaluate the Application to determine whether it might qualify for alternative
				  points.
(b) Criteria promoting
				  development of high quality housing.
(1) Size
				  and Quality of the Units. (§2306.6710(b)(1)(D); 2306.6725(b)(1);
				  §42(m)(1)(C)(iii) and (ix)) An Application may qualify for up to fifteen
				  (15) points under subparagraphs (A) and (B) of this paragraph.
(A) Unit Sizes (6 points). The Development
				  must meet the minimum requirements identified in this subparagraph to qualify
				  for points. Points for this item will be automatically granted for Applications
				  involving Rehabilitation (excluding Reconstruction), for Developments receiving
				  funding from USDA, or for Supportive Housing Developments without meeting these
				  square footage minimums only if requested in the Self Scoring Form. If the
				  Development involves both Rehabilitation and Reconstruction or New
				  Construction, the Reconstruction or New Construction Units must meet these
				  requirements:
(i) five-hundred (500) square
				  feet for an Efficiency Unit;
(ii)
				  six-hundred (600) square feet for a one Bedroom Unit;
(iii) eight-hundred fifty (850) square feet
				  for a two Bedroom Unit;
(iv)
				  one-thousand fifty (1,050) square feet for a three Bedroom Unit; and
(v) one-thousand two-hundred fifty (1,250)
				  square feet for a four Bedroom Unit.
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 11.203 - Public Notifications. (Section 2306.6705(9))

Current through Reg. 49, No. 28; July 12, 2024
A certification, as provided in the Application, that the
					 Applicant met the requirements and deadlines identified in paragraphs (1) - (3)
					 of this section must be submitted with the Application. For Applications
					 utilizing Competitive Housing Tax Credits, notifications generally must not be
					 older than three months from the first day of the Application Acceptance
					 Period. For Tax-Exempt Bond Developments and Direct Loan Applications,
					 notifications generally must not be older than three months prior to the date
					 the complete Application is submitted. If notifications were made in order to
					 satisfy requirements of pre-application submission (if applicable to the
					 program) for the same Application, then no additional notification is required
					 at Application. Should the jurisdiction of the official holding any position or
					 role described in paragraph (2) of this section change between the submission
					 of a pre-application and the submission of an Application in a manner that
					 results in the Development being within a new jurisdiction, Applicants are
					 required to notify the new entity no later than the Full Application Delivery
					 Date.
(1) Neighborhood Organization
				  Notifications.
(A) The Applicant must identify
				  and notify all Neighborhood Organizations on record with the county or the
				  state as of 30 days prior to the beginning of the Application Acceptance Period
				  and whose boundaries include the entire proposed Development Site. As used in
				  this section, "on record with the state" means on record with the Secretary of
				  State.
(B) The Applicant must list,
				  in the certification form provided in the pre-application and Application, all
				  Neighborhood Organizations on record with the county or state as of 30 days
				  prior to the beginning of the Application Acceptance Period and whose
				  boundaries include the proposed Development Site.
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 11.206 - Board Decisions (Sections 2306.6725(c); 2306.6731; and 42(m)(1)(A)(iv))

Current through Reg. 49, No. 28; July 12, 2024
The Board's decisions regarding awards or the issuance of
					 Determination Notices, if applicable, shall be based upon the Department's
					 staff and the Board's evaluation of the proposed Developments' consistency
					 with, and fulfillment of, the criteria and requirements set forth in this
					 chapter, Chapter 13 of this title (relating to the Multifamily Direct Loan
					 Rule) and other applicable Department rules and other applicable state, federal
					 and local legal requirements, whether established in statute, rule, ordinance,
					 NOFA, official finding, or court order. The Board shall document the reasons
					 for each Application's selection, including any discretionary factors used in
					 making its determination, including good cause, and the reasons for any
					 decision that conflicts with the recommendations made by Department staff. Good
					 cause includes the Board's decision to apply discretionary factors where
					 authorized. The Department reserves the right to reduce the amount of funds
					 requested in an Application, condition the Housing Tax Credit or Direct Loan
					 recommendation, or terminate the Application based on the Applicant's inability
					 to demonstrate compliance with program requirements.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter D - UNDERWRITING AND LOAN POLICY › Section 11.301 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
This subchapter applies to the underwriting, Market
					 Analysis, appraisal, Environmental Site Assessment, Direct Loan, and Scope and
					 Cost Review standards employed by the Department. This subchapter provides
					 rules for the underwriting review of an affordable housing Development's
					 financial feasibility and economic viability that ensures the most efficient
					 allocation of resources while promoting and preserving the public interest in
					 ensuring the long-term health of an awarded Application and the Department's
					 portfolio. In addition, this subchapter guides staff in making recommendations
					 to the Executive Director and the Board to help ensure procedural consistency
					 in the determination of Development feasibility (Texas Government Code
					 §§
										2306.081(c),
					 2306.185, and
					 2306.6710(d)).
					 Due to the unique characteristics of each Development, the interpretation of
					 the rules and guidelines described in this subchapter is subject to the
					 discretion of the Department and final determination by the
					 Board.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter D - UNDERWRITING AND LOAN POLICY › Section 11.302 - Underwriting Rules and Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Provisions.
(1) Pursuant to Tex. Gov't Code
				  §
											2306.148 and §
											2306.185(b),
				  the Board is authorized to adopt underwriting standards as set forth in this
				  section. Furthermore, for Housing Credit Allocation, Code §42(m)(2),
				  requires the tax credits allocated to a Development not to exceed the amount
				  necessary to assure feasibility. Additionally, 24 CFR Parts 92 and 93, as
				  further described in CPD Notices 15-11 and 21-10 require the Department to
				  adopt rules and standards to determine the appropriate Multifamily Direct Loan
				  feasibility. The rules adopted pursuant to the Tex. Gov't Code and the Code are
				  developed to result in an Underwriting Report (Report) used by the Board in
				  decision making with the goal of assisting as many Texans as possible by
				  providing no more financing than necessary based on an independent analysis of
				  Development feasibility. The Report generated in no way guarantees or purports
				  to warrant the actual performance, feasibility, or viability of the
				  Development.
(2) Oversourcing of
				  Funds. The total amount of Department-allocated funds combined with any
				  additional soft funds provided by other units of government may not exceed the
				  total cost of all non-market Units at the development, calculated on a per-unit
				  basis. For purposes of this subsection, soft funds include any grants,
				  below-market interest rate loans, or similar funds with a total cost to the
				  Applicant that is below commercial-rate financing, but does not include payable
				  loans provided at commercial rates with deferred payments. If the Department
				  determines that a Development is oversourced in accordance with this
				  subsection, the Applicant will be required to reduce the soft funds provided by
				  other units of government so as to no longer be oversourced.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter D - UNDERWRITING AND LOAN POLICY › Section 11.304 - Appraisal Rules and Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Provision.
(1) An appraisal prepared for the
				  Department must conform to the Uniform Standards of Professional Appraisal
				  Practice (USPAP) as adopted by the Appraisal Standards Board of the Appraisal
				  Foundation. The appraisal must be prepared by a general certified appraiser by
				  the Texas Appraisal Licensing and Certification Board. The appraisal must
				  include a statement that the report preparer has read and understood the
				  requirements of this section. The appraisal must include a statement that the
				  person or company preparing the appraisal, or reviewing the appraisal, is a
				  disinterested party and will not materially benefit from the Development in any
				  other way than receiving a fee for performing the appraisal and that the fee is
				  in no way contingent upon the outcome of the appraisal.
(2) If an appraisal is required by the
				  Uniform Relocation Assistance and Real Property Acquisition Policies Act of
				  1970, the appraisal must also meet the requirements of 49 CFR Part 24 and HUD
				  Handbook 1378. (b) Self-Contained. An appraisal prepared for the Department
				  must describe sufficient and adequate data and analyses to support the final
				  opinion of value. The final value(s) must be reasonable, based on the
				  information included. Any Third Party reports relied upon by the appraiser must
				  be verified by the appraiser as to the validity of the data and the
				  conclusions.