reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter D - ENDING HOMELESSNESS FUND › Section 7.62 - EH Fund Subrecipient Application and Selection

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department will produce an
				  Application which, if properly completed by an eligible Applicant and approved
				  by the Department, may satisfy the Department's requirements to receive an
				  award of funds under the EH Fund. Applicants that have an existing ESG or HHSP
				  Contract or who have been awarded ESG or HHSP funds may be eligible to submit
				  an abbreviated EH Fund Application if such Application is made available by the
				  Department.
(b) Funds will be
				  available to Applicants determined to be eligible for the EH Fund under §
										RSA
				  7.63(b)(1) of
				  this subchapter, or as specified in a NOFA as defined in and under §
										RSA
				  7.63(b)(2) of
				  this subchapter (relating to Availability of Funds), as applicable.
(c) Application for funds. Applicants for an
				  award from the EH Fund must submit the following items:
(1) A complete Application including an
				  Applicant certification of compliance with state rules, federal laws, rules and
				  guidance governing the EH Fund as provided in the Application;
(2) All information required under Subchapter
				  B of this chapter (related to Homeless Housing and Services Program) to conduct
				  a Previous Participation and Executive Award Review and Advisory Committee
				  review;
(3) A proposed budget in
				  the format required by the Department;
(4) Proposed performance targets in the
				  format required by the Department; and
(5) Activity descriptions, including
				  selection of administration under Subchapter B of this chapter (related to
				  Homeless Housing and Services Program (HHSP)).
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter D - ENDING HOMELESSNESS FUND › Section 7.63 - Availability of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Funds available
				  under the EH Fund will be made available at least once per state fiscal year to
				  eligible Applicants dependent on the amount of funding made
				  available.
(b) The balance of the
				  EH Fund will determine the distribution method.
(1) For an annual, uncommitted balance that
				  does not exceed $1,000,000 as of the end of the state fiscal year, the total of
				  available EH funds will be distributed equally, up to the amount requested,
				  among the total number of entities satisfying all of the following
				  requirements:
(A) Are Subrecipients or awarded
				  Applicants of ESG or HHSP;
(B) Are
				  counties or municipalities;
(C)
				  Have indicated that they wish to participate in the EH Fund; and
(D) Have identified the minimum amount of
				  funds they would accept and the maximum amount of funds they would be able to
				  expend during the Contract Term.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter D - ENDING HOMELESSNESS FUND › Section 7.65 - Contract Term and Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) For
				  EH Fund Applicants that do not have a current ESG or HHSP Contract, and have
				  not been awarded ESG or HHSP funds, the Department requires evidence in the
				  form of a certification or resolution adopted by the governing body of the
				  Applicant specifying who is authorized to enter into a Contract on behalf of
				  the Applicant. This certification or resolution is due to the Department no
				  later than 90 calendar days after the award has been approved by the Board,
				  must be received prior to execution of any Contract for EH funds, and must
				  include:
(1) Authorization to enter into a
				  Contract for EH Fund;
(2) Title of
				  the person authorized to represent the organization and who also has signature
				  authority to execute a Contract; and
(3) Date that the certification or resolution
				  was adopted by the governing body, which must be within 12 months of
				  Application submission.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Section 811 Project Rental Assistance
				  Program ("Section 811 PRA Program") is to provide federally funded
				  project-based rental assistance to participating multifamily properties on
				  behalf of extremely low-income persons with disabilities linked with long term
				  services provided through a formalized partnership and other state of Texas
				  agencies that provide health and human services.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.3 - Participation as a Proposed Development

Current through Reg. 49, No. 28; July 12, 2024
(a) To the extent that Applications under
				Department's rules or NOFAs allow for and/or require use of a Proposed
				Development to participate in the 811 PRA Program, the Proposed Development
				must satisfy the following criteria:
(1)
				Unless the Development is also proposing to use any federal funding or has
				received federal funding after 1978, the Development must not be originally
				constructed before 1978;
(2) The
				Development Site must be located in one of the following areas: Austin-Round
				Rock MSA, Brownsville-Harlingen MSA, Corpus Christi MSA; Dallas-Fort
				Worth-Arlington MSA; El Paso MSA; Houston-The Woodlands-Sugar Land MSA;
				McAllen-Edinburg-Mission MSA; or San Antonio-New Braunfels MSA; and
(3) No new construction of structures shall
				be located in the mapped 500-year floodplain or in the 100-year floodplain
				according to FEMA's Flood Insurance Rate Maps (FIRM). Rehabilitation
				Developments that have previously received HUD funding or obtained HUD
				insurance do not have to follow subparagraphs (A) - (C) of this paragraph.
				Except for sites located in coastal high hazard areas (V Zones) or regulatory
				floodways, existing structures are eligible in these areas, but must meet the
				following requirements:
(A) The existing
				structures must be flood-proofed or must have the lowest habitable floor and
				utilities elevated above both the 500-year floodplain and the 100-year
				floodplain.
(B) The project must
				have an early warning system and evacuation plan that includes evacuation
				routing to areas outside of the applicable floodplains.
(C) Existing structures in the 100-year
				floodplain must obtain flood insurance under the National Insurance Program. No
				activities or projects located within the 100-year floodplain may be assisted
				in a community that is not participating in or has been suspended from the
				National Flood Insurance Program.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.4 - Qualification Requirements for Existing Developments

Current through Reg. 49, No. 28; July 12, 2024
Eligible Existing Developments must meet all of the
				  requirements in §
									8.3 of this chapter (relating to
				  Participation as a Proposed Development). In addition, the Existing Development
				  must meet the following requirements:
(1) The Development received an award (tax
				credit, direct loan, etc.) under a Department administered program in or after
				2002, or has been otherwise approved by the Department in writing;
(2) The Development has at least 5 housing
				units;
(3) For Developments that
				were placed in service on or before January 1, 2020, the most current vacancy
				report as reflected in CMTS evidences that the Development maintained at least
				85% physical occupancy for a period of at least 3 consecutive months;
(4) For Developments that have received a
				UPCS inspection, the Development received a UPCS score of at least 80 on its
				most recent Department REAC inspection and all compliance issues associated
				with that inspection have been resolved; or for Developments whose most recent
				Department inspection is an NSPIRE inspection, the Development must have
				received a NSPIRE score of at least 75 and all compliance issues associated
				with that inspection must have been resolved;
(5) The Development is operating in
				accordance with the accessibility requirements of Section 504, the
				Rehabilitation Act of 1973 (29 U.S.C. Section 794), as
				specified under 24 C.F.R. Part 8, Subpart C, or operating under the 2010 ADA
				standards with the exceptions listed in "Nondiscrimination on the Basis of
				Disability in Federally Assisted Programs and Activities"
Federal
				Register
79 FR 29671; and
(6) The Development is not Transitional
				Housing as defined in Chapter 11 of this title.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.5 - Disposition of Conflicts with other Department Rules

Current through Reg. 49, No. 28; July 12, 2024
To the extent that any conflicts arise between this rule and
				  the rules provided in Chapter 1, Administration, Chapter 2 Enforcement, Chapter
				  10, Uniform Multifamily Rules, Chapter 11, Qualified Allocation Plan, and
				  Chapter 13, Multifamily Direct Loan Rule, federal requirements will first
				  prevail, after which the requirements of the other Multifamily Rules will take
				  precedence.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 8 - PROJECT RENTAL ASSISTANCE PROGRAM RULE › Section 8.6 - Program Regulations and Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) Participation in the 811 PRA Program is
				encouraged and may be incentivized through the Department's Rules and NOFAs.
				Once committed in the Multifamily Application, a Development must not accept a
				fund source that would prevent it from participating in the 811 PRA
				Program.
(b) An Existing
				Development that is already participating in the 811 PRA Program is eligible to
				have an additional commitment of 811 PRA Units as long as the integrated
				housing requirements as noted in §
									RSA
				8.3(c) of this
				chapter (relating to Participation as a Proposed Development) are not
				violated.
(c) The types (e.g.,
				accessible, one bedroom, first floor, etc.) and the specific number of Assisted
				Units (e.g., units 101, 201, etc.) will be "floating" (flexible) and dependent
				on the needs of the Department and the availability of the Assisted Units on
				the Eligible Multifamily Property.
(d) Occupancy Requirements. Owner is required
				to follow all applicable Program Requirements including but not limited to the
				following occupancy requirements found in HUD Handbook 4350.3 REV-1 and Housing
				Notices:
(1) H 2012-06, Enterprise Income
				Verification (EIV) System;
(2) H
				2012-26, Extension of Housing Notice 2011-25, Enterprise Income Verification
				(EIV) & You Brochure-Requirements for Distribution and Use;
(3) H 2012-22, Further Encouragement for O/As
				to Adopt Optional Smoke-Free Housing Policies;
(4) H 2012-11, State Registered Lifetime Sex
				Offenders in Federally Assisted Housing;
(5) H 2012-09, Supplemental Information to
				Application for Assistance Regarding Identification of Family Member, Friend or
				Other Persons or Organization Supportive of a Tenant for Occupancy in HUD
				Assisted Housing;
(6) H 2017-05,
				Violence Against Women Act (VAWA) Reauthorization Act of 2013, Additional
				Guidance for Multifamily Owners and Management Agents; or
(7) H 2013-24, Section 811 Project Rental
				Assistance (PRA) Occupancy Interim Notice.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.400 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to
				  establish the requirements governing the post award and asset management
				  activities associated with awards of multifamily Development assistance
				  pursuant to Tex. Gov't Code, Chapter 2306 and its regulation of multifamily
				  funding provided through the Texas Department of Housing and Community Affairs
				  (the "Department") as authorized by the legislature. This subchapter is
				  designed to ensure that Developers and Development Owners of low-income
				  Developments that are financed or otherwise funded through the Department
				  maintain safe, decent and affordable housing for the term of the affordability
				  period. Therefore, unless otherwise indicated in the specific section of this
				  subchapter, any uncorrected issues of noncompliance outside of the corrective
				  action period or outstanding fees (related to the Development subject to the
				  request) owed to the Department must be resolved to the satisfaction of the
				  Department before a request for any post award activity described in this
				  subchapter will be acted upon. Non-compliance issues that cannot be corrected
				  will be taken into account and will be reviewed by Asset Management staff to
				  determine if additional action is required by the Development Owner.
(b) 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 10 relating to
				  Uniform Multifamily Rules, Chapter 11 relating to the Qualified Action Plan
				  (QAP), Chapter 12 relating to the Multifamily Housing Revenue Bond Rules,
				  Chapter 13 relating to the Multifamily Direct Loan Rule, Tex. Gov't Code
				  Chapter 2306, Internal Revenue Code (the Code) §42, the HOME Final Rule,
				  the NHTF Interim 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 E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.403 - Review of Annual HOME, HOME-ARP, HOME Match, NSP, TCAP-RF, and National Housing Trust Fund Rents

Current through Reg. 49, No. 28; July 12, 2024
(a) Applicability.
				  For participants of the Department's Multifamily HOME, HOME American Rescue
				  Plan HOME-ARP, and NSP Direct Loan program, where Commitment of Funds occurred
				  on or after August 23, 2013, the Department is required by
				  24 CFR §
											92.252(f) and for all
				  National Housing Trust Fund (NHTF) recipients by
				  24 CFR §
											93.302(c)(2), to review and
				  approve or disapprove HOME/HOME-ARP/NSP/NHTF rents on an annual basis. The
				  Department is also required by
				  24 CFR §
											92.219 and §
										92.252(d)(2) to
				  approve rents for HOME Match units. Development Owners must submit
				  documentation for the review of HOME/HOME-ARP/HOME Match/NSP/NHTF/TCAP-RF rents
				  by no later than August 1st of each year as further described in the Post Award
				  Activities Manual.
(b)
				  Documentation for Review. The Department will furnish a rent approval request
				  packet for this purpose that will include a request for Development information
				  and an Owner's proposed rent schedule and will require submission of a current
				  rent roll, the most recent 12-month operating statement for the Development,
				  and utility allowance information. The Department may request additional
				  documentation to perform a determination, as needed, including but not limited
				  to annual operating statements, market surveys, or other information related to
				  determining whether rents are sufficient to maintain the financial viability of
				  a project or are in compliance with maximum rent limits.
(c) Review Process. Rents will be approved or
				  disapproved within 30 days of receipt of all items required to be submitted by
				  the Development Owner, and will be issued in the form of a signed letter from
				  the Asset Management Division. Development Owners must keep copies of all
				  approval letters on file at the Development site to be reviewed at the time of
				  Compliance Monitoring reviews.
(d)
				  Compliance. Development Owners for whom this section is applicable are subject
				  to compliance under §
										10.622 of this chapter (relating
				  to Special Rules Regarding Rents and Limit Violations) and may be subject to
				  penalties under §
										10.625 of this chapter (relating
				  to Events of Noncompliance). Approval of rents by the Asset Management Division
				  will be limited to a review of the documentation submitted and will not
				  guarantee compliance with the Department's rules or otherwise absolve an Owner
				  of any past, current, or future non-compliance related to Department rules,
				  guidance, Compliance Monitoring visits, or any other rules or guidance to which
				  the Development or its Owner may be subject.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.404 - Reserve Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) Replacement
				  Reserve Account (§2306.186). The Department will require Development
				  Owners to provide regular maintenance to keep housing sanitary, safe and decent
				  by establishing and maintaining a reserve for replacement account for the
				  Development in accordance with Tex. Gov't Code, §
										2306.186. The reserve
				  account must be established, in accordance with paragraphs (3) - (6) of this
				  subsection, and maintained through annual or more frequent regularly scheduled
				  deposits, for each Unit in a Development of 25 or more rental Units regardless
				  of the amount of rent charged for the Unit. If the Department is processing a
				  request for loan modification or other request under this subchapter and the
				  Development does not have an existing replacement reserve account or sufficient
				  funds in the reserve to meet future capital expenditure needs of the
				  Development as determined by a history of uncorrected UPCS violations, ongoing
				  issues related to keeping housing sanitary, safe, and decent, an account
				  balance below the annual reserve deposit amount as specified in this section,
				  or as indicated by the number or cost of repairs included in a third party
				  Physical Needs Assessment (PNA), the Development Owner will be required to
				  establish and maintain a replacement reserve account or review whether the
				  amount of regular deposits to the replacement reserve account can be increased,
				  regardless of the number of Units at the Development. The Department shall,
				  through cooperation of its divisions responsible for asset management and
				  compliance, ensure compliance with this section. The duties of the Development
				  Owner under this section cease on the date of a change in ownership of the
				  Development; however, the subsequent Development Owner of the Development is
				  subject to the requirements of this section and any additional or revised
				  requirements the Department may impose after reviewing a Development's
				  compliance history, a PNA submitted by the Owner, or the amount of reserves
				  that will be transferred at the time of any property sale.
(1) The LURA requires the Development Owner
				  to begin making annual deposits to the replacement reserve account on the later
				  of the:
(A) Date that occupancy of the
				  Development stabilizes as defined by the First Lien Lender or, in the absence
				  of a First Lien Lender other than the Department, the date the Property is at
				  least 90% occupied; or
(B) The date
				  when the permanent loan is executed and funded.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.406 - Ownership Transfers (Section 2306.6713)

Current through Reg. 49, No. 28; July 12, 2024
(a) Ownership
				  Transfer Notification. All multifamily Development Owners must provide written
				  notice and a completed Ownership Transfer packet, if applicable, to the
				  Department at least 45 calendar days prior to any sale, transfer, or exchange
				  of the Development or any portion of or Controlling interest in the
				  Development. Except as otherwise provided herein, the Executive Director's
				  prior written approval of any such transfer is required. The Executive Director
				  may not unreasonably withhold approval of the transfer requested in compliance
				  with this section.
(b) Exceptions.
				  The exceptions to the ownership transfer process in this subsection are
				  applicable.
(1) A Development Owner shall be
				  required to notify the Department but shall not be required to obtain Executive
				  Director approval when the transferee is an Affiliate of the Development Owner
				  with no new Principals or the transferee is a Related Party who does not
				  Control the Development and the transfer is being made for estate planning
				  purposes.
(2) Transfers that are
				  the result of an involuntary removal of the general partner by the investment
				  limited partner do not require advance approval but must be reported to the
				  Department as soon as possible due to the sensitive timing and nature of this
				  decision. In the event the investment limited partner has proposed a new
				  general partner or will permanently replace the general partner, a full
				  Ownership Transfer packet must be submitted.
(3) Changes to the investment limited
				  partner, non-Controlling limited partner, or other non-Controlling partners
				  affiliated with the investment limited partner do not require Executive
				  Director approval. A General Partner's acquisition of the interest of the
				  investment limited partner does not require Executive Director approval, unless
				  some other change in ownership is occurring as part of the same overall
				  transaction.
(4) Changes resulting
				  from foreclosure do not require advance approval but acquiring parties must
				  notify the Department as soon as possible of the revised ownership structure
				  and ownership contact information.
(5) Changes resulting from a deed-in-lieu of
				  foreclosure do not require Executive Director approval. However, advance
				  notification must be provided to both the Department and to the tenants at
				  least 30 days prior to finalizing the transfer. This notification must include
				  information regarding the applicable rent/income requirements post deed in lieu
				  of foreclosure.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.407 - Right of First Refusal

Current through Reg. 49, No. 28; July 12, 2024
(a) General. This
				  section applies to Development Owners that agreed to offer a Right of First
				  Refusal (ROFR) to a Qualified Entity or as applicable a Qualified Nonprofit
				  Organization, as memorialized in the applicable LURA. For the purposes of this
				  section, a Qualified Nonprofit Organization also includes an entity 100% owned
				  by a Qualified Nonprofit Organization pursuant to §42(h)(5)(C) of the Code
				  and operated in a similar manner. The purpose of this section is to provide
				  administrative procedures and guidance on the process and valuation of
				  properties under the LURA. All requests for ROFR submitted to the Department,
				  regardless of existing regulations, must adhere to this process.
(1) The Development Owner may market the
				  Property for sale and enter into an agreement to sell the Property to a
				  Qualified Entity, or as applicable a Qualified Nonprofit Organization without
				  going through the ROFR process outlined in this section, unless otherwise
				  restricted or prohibited and only in the following circumstances:
(A) The LURA includes a 90-day ROFR and the
				  Development Owner is selling to a Qualified Nonprofit Organization;
(B) The LURA includes a two-year ROFR and the
				  Development Owner is selling to a Qualified Nonprofit Organization that meets
				  the definition of a Community Housing Development Organization (CHDO) under 24
				  CFR Part 92 , as approved by the Department; or
(C) The LURA includes a 180-day ROFR, and the
				  Development Owner is selling to a Qualified Entity that meets the definition of
				  a CHDO under 24 CFR Part 92, or to an entity that includes a CHDO as one of its
				  controlling members, as approved by the Department, or to the public housing
				  authority or public facility corporation that owns the fee title to the
				  Development Owner's leasehold estate.
Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 10 - UNIFORM MULTIFAMILY RULES › Subchapter E - POST AWARD AND ASSET MANAGEMENT REQUIREMENTS › Section 10.408 - Qualified Contract Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  General. Pursuant to §42(h)(6) of the Code, after the end of the 14th year
				  of the Compliance Period, the Development Owner of a Development utilizing
				  Housing Tax Credits can request that the allocating agency find a buyer at the
				  Qualified Contract Price. If a buyer cannot be located within one year, the
				  Extended Use Period will expire. This section provides the procedures for the
				  submittal and review of a Qualified Contract Request.
(b) Eligibility. Development Owners who
				  received an award of credits on or after January 1, 2002, are not eligible to
				  request a Qualified Contract prior to the 30 year anniversary of the date the
				  property was placed in service (§2306.185); if the property's LURA
				  indicates a commitment to an Extended Use Period beyond 30 years, the
				  Development Owner is not eligible to request a Qualified Contract until the
				  expiration of the Extended Use Period. Development Owners awarded credits prior
				  to 2002 may submit a Qualified Contract Request at any time after the end of
				  the year preceding the last year of the Initial Affordability Period, provided
				  it is not precluded by the terms of the LURA, following the Department's
				  determination that the Development Owner is eligible. The Initial Affordability
				  Period starts concurrently with the credit period, which begins at
				  placement-in-service or is deferred until the beginning of the next tax year,
				  if there is an election. Unless the Development Owner has elected an Initial
				  Affordability Period longer than the Compliance Period, as described in the
				  LURA, this can commence at any time after the end of the 14th year of the
				  Compliance Period. References in this section to actions which can occur after
				  the 14th year of the Compliance Period shall refer, as applicable, to the year
				  preceding the last year of the Initial Affordability Period, if the Development
				  Owner elected an Initial Affordability Period longer than the Compliance
				  Period.
(1) If there are multiple buildings
				  placed in service in different years, the end of the Initial Affordability
				  Period will be based upon the date the last building placed in service. For
				  example, if five buildings in the Development began their credit periods in
				  2005 and one began in 2006, the 15th year would be 2020.
(2) If a Development received an allocation
				  in multiple years, the end of the Initial Affordability Period will be based
				  upon the last year of a multiple allocation. For example, if a Development
				  received its first allocation in 2004 and a subsequent allocation and began the
				  credit period in 2006, the 15th year would be 2020.
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 10.601 - Compliance Monitoring Objectives and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) The objectives of the Department in
				  performing regular monitoring of affordable rental housing are:
(1) To provide for monitoring that meets
				  applicable requirements of:
(A) The U.S.
				  Department of Housing and Urban Development (HUD);
(B) The U.S. Department of the Treasury
				  (Treasury);
(C) The Internal
				  Revenue Service (the IRS); and
(D)
				  Applicable state laws and rules;
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 10.603 - Notices to the Internal Revenue Service (HTC Developments during the Compliance Period)

Current through Reg. 49, No. 28; July 12, 2024
(a) Even when an
				  Event of Noncompliance is corrected, the Department is required to file IRS
				  Form 8823 with the IRS. When required, IRS Form 8823 generally will be filed
				  not later than 45 days after the end of the correction period specified in the
				  Notice to Owner (including any extensions permitted by the Department) but will
				  not be filed before the end of the correction period. The Department will
				  indicate on IRS Form 8823 the nature of the noncompliance and will indicate
				  whether the Development Owner has corrected the noncompliance.
(b) The Department will retain records of
				  noncompliance or failure to certify for six years beyond the Department's
				  filing of the respective IRS Form 8823.
(c) The Department will send the Owner of
				  record copies of any IRS Forms 8823 submitted to the IRS.
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 10.604 - Options for Review

Current through Reg. 49, No. 28; July 12, 2024
If, following the submission of corrective action
					 documentation, Compliance staff continues to find the Owner in noncompliance,
					 the Owner may request or initiate review of the matter using the following
					 options, where applicable:
(1) If the
				  issue is related to the inclusion or exclusion of tenant income, assets, or
				  appropriate household size, the National Center for Housing Management (NCHM)
				  can be contacted. In order to obtain guidance from NCHM, the requestor must
				  have an active Certified Occupancy Specialist designation. If no representative
				  of the owner has this designation, Department staff may make the request on the
				  owner's behalf.
(2) If the
				  compliance matter is related to the Housing Tax Credit program, Owners may
				  contact the IRS Program Analyst for guidance or request that Department staff
				  contact the IRS for general guidance without identifying the taxpayer. The
				  issue will be handled in accordance with the guidance received from the
				  IRS.
(3) If the compliance matter
				  is related to the HOME, NHTF, NSP, HOME-ARP program, Owners may request that
				  the Department contact the U.S. Department of Housing and Urban Development
				  Texas Field Office for guidance. The issue will be handled in accordance with
				  guidance received from a HUD official with oversight responsibility, provided
				  it is clear and can be corroborated (e.g., such guidance is provided in
				  writing).
(4) Owners may request
				  Alternative Dispute Resolution (ADR). An Owner may send a proposal to the
				  Department's Dispute Resolution Coordinator to initiate ADR pursuant to §
										1.17
				  of this title (relating to Alternative Dispute Resolution). Note that even if
				  the Department and Owner are engaged in ADR, the Department must meet Treasury
				  Regulation §1.42-5 and file IRS Form 8823 within 45 days after the end of
				  the Corrective Action Period. Therefore, it is possible that the Owner and
				  Department may still be engaged in ADR when an IRS Form 8823 is filed. Should
				  this happen, the form, including all Owner-supplied documentation, will be sent
				  to the IRS with an explanation that the Owner disagrees with the Department's
				  assessment and is pursuing ADR. Although the violation will be reported to the
				  IRS within the required timeframes, it will not be considered part of an
				  applicant's compliance history nor subject to administrative penalties pending
				  the outcome of the ADR process.
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 10.605 - Elections under IRC Section 42(g)

Current through Reg. 49, No. 28; July 12, 2024
(a) Under the Code, HTC Development Owners
				  elect a minimum set-aside requirement of 20/50 (20% of the Units restricted at
				  the 50% income and rent limits), 40/60 (40% of the Units restricted at the 60%
				  income and rent limits), or the average income test.
(b) HTC projects must meet the required
				  election under IRC §42(g) no later than the end of the first year of the
				  Credit Period.
(c) An Owner that
				  elects the average income test under IRC §42(g) must disperse 20%, 30%,
				  40%, 50%, 60%, 70%, and 80% Unit designations across all Unit Types to the
				  greatest extent feasible, and in a manner that does not violate fair housing
				  laws.
(d) Until and unless the
				  Internal Revenue Service or the Treasury Department issues conflicting or
				  additional guidance, the Department will examine the actual gross rent and
				  income of all households to determine if a Project that elected the average
				  income test are at or below the federal minimum of 60% AMI.
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 10.606 - Construction Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) Owners are
				  required to submit evidence of final construction within 30 calendar days of
				  completion in a format prescribed by the Department. Owners are encouraged to
				  request a final construction inspection promptly to allow the Department to
				  inspect Units prior to occupancy to avoid disruption of households in the event
				  that corrective action is required. In addition, the Architect of Record must
				  submit a certification that the Development was built in compliance with all
				  applicable laws, and the Engineer of Record (if applicable) must submit a
				  certification that the Development was built in compliance with the design
				  requirements.
(b) During the
				  inspection, the Department will confirm that committed amenities have been
				  provided and will inspect for compliance with the applicable accessibility
				  requirements. In addition, a National Standards for the Physical Inspection of
				  Real Estate may be completed.
(c)
				  IRS Form(s) 8609 will not be released until the Owner receives written notice
				  from the Department that all noted deficiencies have been resolved.
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 10.607 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  requires reports to be submitted electronically through CMTS and in the format
				  prescribed by the Department. The Electronic Compliance Reporting Filing
				  Agreement and the Owner's Designation of Administrator of Accounts forms must
				  be emailed to cmts.requests@tdhca.state.tx.us for:
(1) 9% Housing Tax Credit Developments - no
				  later than the 10% Test;
(2) 4%
				  Housing Tax Credit Developments - no later than Post Bond Closing Documentation
				  Requirements; or
(3) For all other
				  rental Developments, no later than September 1st of the year following the
				  award.
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 10.610 - Written Policies and Procedures

Current through Reg. 49, No. 28; July 12, 2024
Written Policies and Procedures are required as specified
					 at § 10.802 of this chapter (relating to Written Policies and
					 Procedures).
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 10.611 - Determination, Documentation and Certification of Annual Income

Current through Reg. 49, No. 28; July 12, 2024
(a) For all rental programs administered by
				  the Department, annual income shall be determined consistent with the Section 8
				  Program administered by 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.
				  For the Housing Tax Credit program, where there is a conflict between the HUD
				  Handbook 4350.3 and the IRS Guide for Completing IRS Form 8823, the IRS
				  guidance will be controlling. At the time of program designation as a low
				  income household, Owners must certify and document household income. In
				  general, all low income households must be certified prior to move in.
				  Certification and documentation of household income is an Owner's
				  responsibility, even if the Owner is using a manager's or management company
				  services to handle tenant intake and leasing. Accordingly, Owners should ensure
				  that they hire competent and properly trained managers or management company
				  and that they exercise appropriate oversight of any manager's or management
				  company activities.
(b) For the
				  initial certification of a household residing in a HOME, NHTF, NSP, TCAP RF, or
				  HOME-ARP assisted Unit, Owners must examine at least two months (60 days) of
				  source documents evidencing annual income (e.g., wage statement, interest
				  statement, unemployment compensation). Qualified populations in HOME-ARP Units
				  may not need to meet an income requirement upon move-in, but will have their
				  income verified to determine rental portion of payment.
(c) A household's lowest designation, as
				  recorded on the Income Certification, at the time of move in, cannot be
				  increased unless the household was found to never have income qualified for the
				  Unit, no longer income qualifies for the Unit, or program rules required the
				  change.
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 10.612 - Tenant File Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) At the time of
				  program designation as a low income household or Qualified Population for
				  HOME-ARP, typically at initial occupancy, Owners must create and maintain a
				  file that at a minimum contains:
(1) A
				  Department approved Income Certification form signed by all adults. At the time
				  of program designation as a low income household or Qualified Population,
				  Owners must certify and document household income. In general, all low-income
				  households and Qualified Populations for HOME-ARP must be certified prior to
				  move in. The Department requires the use of the TDHCA Income Certification
				  form, unless the Development also participates in the USDA - Rural Development
				  or a Project Based HUD Program, in which case, the other program's Income
				  Certification form will be accepted;
(2) Documentation to support the Income
				  Certification form including, but not limited to, applications, first hand or
				  third party verification of income and assets, and documentation of student
				  status (if applicable). Beginning January 1, 2021, the application must provide
				  a space for applicants to indicate if they are a veteran. In addition, the
				  application must include the following statement: "Important Information for
				  Former Military Services Members. Women and men who served in any branch of the
				  United States Armed Forces, including Army, Navy, Marines, Coast Guard, Air
				  Force, Reserves or National Guard, may be eligible for additional benefits and
				  services. For more information please visit the Texas Veterans Portal at
https://veterans.portal.texas.gov/
;
(3) The Department permits Owners to use
				  check stubs or other firsthand documentation of income and assets provided by
				  the applicant or household in lieu of third party verification forms. It is not
				  necessary to first attempt to obtain a third party verification form. Owners
				  should scrutinize these documents to identify and address any obvious attempts
				  at forgery, alteration, or generation of falsified documents; and
(4) A lease with all necessary addendums to
				  ensure that compliance with applicable federal regulations and §
											10.613 of this
				  subchapter (relating to Lease Requirements).
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 10.616 - Household Unit Transfer Requirements for All Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The requirements and restrictions
				  regarding household transfers for HTC, Exchange, and TCAP Developments are
				  based on whether the tax credit project is 100% low-income or mixed income and
				  if the Owner elected to treat buildings in the project as part of a multiple
				  building project. To determine if a Development is a multiple building project,
				  refer to the election on IRS Form(s) 8609 line 8(b) and accompanying statements
				  (if any). If IRS Form(s) 8609 have not yet been issued by the Department and
				  filed by the Owner, each building is its own project. The Department may allow
				  Owners to indicate their intended 8(b) elections and will monitor accordingly.
				  Failure to file the same elections with the IRS may result in noncompliance,
				  additional monitoring, an additional monitoring fee and findings of
				  noncompliance.
(1) 100% low-income multiple
				  building projects: Households may transfer to any Unit in a 100% low-income
				  multiple building project and retain their program designation. The household
				  does not need to be and should not be certified at the time of transfer. The
				  move in date remains the date the household was first designated under the
				  program.
(2) Each building is its
				  own project (100% low-income and mixed income projects). Developments that made
				  the 20/50 or 40/60 election: at the time of transfer, the household must be
				  certified and have a current annual income less than the income limit
				  established by the minimum set aside the Owner selected. Developments that
				  elected the average income test under IRC §42(g): the household must be
				  certified and their current designation averaged together with the designations
				  of the other households in the project must be equal to or less than the
				  percentage represented at the time of Application.
(3) Mixed income multiple building projects:
				  Low-income households retain their program designation when they transfer to
				  any Unit in a multiple building project if at the last annual certification
				  their income was less than 140% of area median income level set by the minimum
				  set aside.
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 10.617 - Affirmative Marketing Requirements

Current through Reg. 49, No. 28; July 12, 2024
Affirmative Marketing Requirements are a requirement of the
					 Department on monitored Developments as provided for in more specificity at
					 § 10.801 of this chapter (relating to Affirmative Marketing
					 Requirements).
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 10.618 - Monitoring and Inspections

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  may perform an onsite monitoring review, a mail in desk review and physical
				  inspection of any Development, and review and photocopy all documents and
				  records supporting compliance with Departmental programs through the end of the
				  Compliance Period or the end of the period covered by the LURA, whichever is
				  later. The Development Owner shall permit the Department access to the
				  Development premises and records.
(b) The Department will perform monitoring
				  reviews of each low-income Development. The Department will conduct:
(1) The first review of HTC Developments by
				  the end of the second calendar year following the year the last building in the
				  Development is placed in service;
(2) The first review of all Developments,
				  other than those described in paragraph (1) of this subsection, as leasing
				  commences;
(3) During the Federal
				  Compliance Period subsequent reviews will be conducted at least once every
				  three years;
(4) After the Federal
				  Compliance Period, Developments will be monitored in accordance with §
											10.623
				  of this chapter (relating to Monitoring Procedures for Housing Tax Credit
				  Properties After the Compliance Period);
(5) A physical inspection of the Development
				  including the exterior of the Development, Development amenities, and an
				  interior inspection of a sample of Units;
(6) Limited reviews of physical conditions,
				  including follow-up inspections to verify completion of reported corrective
				  action, may be conducted without prior notice (unless access to tenant units is
				  required, in which case at least 48 hours notice will be provided);
				  and
(7) Reviews, meetings, and
				  other appropriate activity in response to complaints or
				  investigations.