This subchapter establishes the procedural requirements for
Application submission. Only one Application may be submitted for
a Development Site in an Application Round. While the Application
Acceptance Period is open or prior to the Application deadline, an
Applicant may withdraw an Application and subsequently file a new
Application utilizing the original pre-application fee (as applicable)
that was paid as long as no substantive evaluation was performed by
the Department and the re-submitted Application relates to the same
Development Site, consistent with §11.9(e)(3) of this chapter
(relating to Criteria promoting the efficient use of limited resources
and applicant accountability). Applicants are subject to the schedule
of fees as set forth in §11.901 of this chapter (relating to
Fee Schedule).
(1) General Requirements.
(A) An Applicant requesting funding from the Department
must submit an Application in order to be considered for an award.
An Application must be complete (including all required exhibits and
supporting materials) and submitted by the required program deadline.
If an Application, including the corresponding Application fee as
described in §11.901 of this chapter, is not submitted to the
Department on or before the applicable deadline, the Applicant will
be deemed not to have made an Application; provided, however, that
errors in the calculation of applicable fees may be cured via an Administrative
Deficiency. The deficiency period for curing fee errors will be 5:00
p.m. on the third business day following the date of the deficiency
notice and may not be extended. Failure to cure such an error timely
will be grounds for termination.
(B) Applying for multifamily funds from the Department
is a technical process that must be followed completely. As a result
of the competitive nature of some funding sources, an Applicant should
proceed on the assumption that deadlines are fixed and firm with respect
to both date and time and cannot be waived except where authorized
and for truly extraordinary circumstances, such as the occurrence
of a significant natural disaster that makes timely adherence impossible.
If checks or original Carryover Allocation Agreements are physically
delivered to the Department, it is the Applicant's responsibility
to be within the Department's doors by the appointed deadline. All
Applications and all related materials are to be delivered electronically
pursuant to the Multifamily Programs Procedures Manual. Applicants
are strongly encouraged to submit the required items well in advance
of established deadlines. Applicants must ensure that all documents
are legible, properly organized and tabbed, and that materials are
fully readable by the Department.
(C) The Applicant must timely upload a PDF copy and
Excel copy of the complete Application to the Department's secure
web transfer server. The PDF copy and Excel copy of the Application
must match, if variations exist between the two copies, an Administrative
Deficiency will be issued for the Applicant to identify which document
to rely on. Each copy must be in a single file and individually bookmarked
as further described in the Multifamily Programs Procedures Manual.
Additional files required for Application submission outside the Uniform
Application must also be uploaded to the secure web transfer server.
It is the responsibility of the Applicant to confirm the upload to
the Department's secure web transfer server was successful and to
do so in advance of the deadline. If an Applicant can view the files
that were uploaded, then that shall serve as an indication that the
Application was uploaded and received by the Department. Staff, may,
as a courtesy, confirm that the Application files were uploaded, but
shall not be obligated or required to confirm such submission. Where
there are instances of computer problems, mystery glitches, etc. that
prevent the Application from being received by the Department prior
to the deadline the Application may be terminated.
(D) Applications must include materials addressing
all of the items enumerated in this chapter and other chapters as
applicable. If an Applicant does not believe that a specific item
should be applied, the Applicant must include, in its place, a statement
identifying the required item, stating that it is not being supplied,
and a statement as to why the Applicant does not believe it should
be required.
(2) Filing of Application for Tax-Exempt Bond Developments.
Applications must be submitted to the Department as described in either
subparagraph (A) or (B) of this paragraph. Applications will be required
to satisfy the requirements of this chapter and applicable Department
rules that coincide with the year the Certificate of Reservation is
issued. Those Applications that receive a Traditional Carryforward
Designation will be subject to the QAP and applicable Department rules
in place at the time the Application is received by the Department,
unless determined otherwise by staff. Regardless of the timing associated
with notification by the TBRB that an application is next in line
to receive a Certificate of Reservation and the corresponding deadline
to submit the Application pursuant to 34 TAC §190.3(b)(13), it
is the Department's expectation that the requirements in this chapter
are adhered to, and that care and attention are given to the compilation
of the Application, or the Application may be terminated. Applications
that intend to request other Department funding (e.g. Multifamily
Direct Loan, HOME-ARP, etc) will require a minimum 120-day review
period by staff before targeting a Board meeting date for consideration.
If, at the time of Application submission, other Department funding
is over-subscribed, the submitted Application cannot include a request
for such funds.
(A) Lottery Applications. At the option of the bond
issuer, an Applicant may participate in the TBRB lottery for private
activity bond volume cap. Applicants should refer to the TBRB website
or discuss with their issuer or TBRB staff, the deadlines regarding
lottery participation and the timing for the issuance of the Certificate
of Reservation based on lottery results. Depending on the Priority
designation of the application filed with TBRB, the Application submission
requirements to the Department under clauses (i) - (iii) of this subparagraph
must be met. For those that participate in the Lottery but are not
successful (i.e. a Certificate of Reservation will not be issued in
January, but at some other time), the Application may not be submitted
until a Certificate of Reservation has been issued (i.e. Priority
3 applications) or TBRB has sent an email stating the application
is next in line (i.e. Priority 0, Priority 1 or Priority 2), but the
Certificate of Reservation cannot be issued until the Application
is submitted.
(i) Priority 0 applications for supplemental bond allocations:
If an Applicant is seeking additional private activity bond volume
cap pursuant to H.B. 1766 for purposes of meeting the 50% Test, upon
notice from the TBRB that the Application is next in line to receive
a Certificate of Reservation, a complete Application will not be required
to be submitted and staff will notify TBRB accordingly. However, if
there are changes to the Development that are different from what
the Department originally approved that would constitute an amendment
under §10.405 of this chapter (relating to Amendments and Extensions)
a request for an Amendment must be submitted to the Department. Staff
will not re-issue the Determination Notice associated with supplemental
bond allocations.
(ii) Priority 1 or 2 applications: If the Certificate
of Reservation will be issued in January, the Applicant may submit
the complete Application, including all required Third Party Reports,
accompanied by the Application Fee described in §11.901 of this
chapter, within the timeframe allowed under the TBRB notice. Alternatively,
upon notification from TBRB that an Applicant is next in line to receive
a Reservation the Applicant may choose to only submit the complete
Application (excluding all required Third Party Reports), for purposes
of meeting TBRB requirements to have the Certificate of Reservation
issued. In this case, the Application will not be scheduled for a
Board meeting or target date for the issuance of the Determination
Notice, as applicable, until such time the Third Party Reports have
been submitted, which should be on the fifth of the month. The Application
may be scheduled for a Board meeting at which the decision to have
the Determination Notice issued would be made, or the target date
for the issuance of the Determination Notice, as applicable, approximately
90 days following the submission of such Third Party Reports. If the
fifth day falls on a weekend or holiday, the submission deadline shall
be on the next business day. For Third Party Reports that are submitted
after the fifth of the month, it will be staff's discretion as to
which Board meeting the Application will be presented, or target date
for the issuance of the Determination Notice, as applicable. The Application
must be submitted using the Uniform Application released by the Department
for the upcoming program year.
Cont'd... |
