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.
(2) Notification Recipients. No later than the date
the Application is submitted, notification must be sent to all of
the entities identified in subparagraphs (A) - (H) of this paragraph.
Developments located in an Extra Territorial Jurisdiction (ETJ) of
a city are required to notify both city and county officials. The
notifications may be sent by e-mail, fax or mail with return receipt
requested or similar tracking mechanism. A template for the notification
is included in the Application Notification Template provided in the
Application. Evidence of notification is required in the form of a
certification provided in the Application. The Applicant is required
to retain proof of delivery in the event it is requested by the Department.
Evidence of proof of delivery is demonstrated by a signed receipt
for mail or courier delivery and confirmation of receipt by recipient
for fax and e-mail. Officials to be notified are those in office at
the time the Application is submitted; however, a mailed notification
that is addressed to the entity or officeholder rather than a specific
person is acceptable so long as it is mailed to the correct address
and otherwise meets all requirements. Note that between the time of
pre-application (if made) and full Application, the boundaries of
their jurisdictions may change. Meetings and discussions do not constitute
notification. Recipients include:
(A) Neighborhood Organizations on record with the state
or county as of 30 days prior to the beginning of the Application
Acceptance Period whose boundaries include the entire Development
Site;
(B) Superintendent of the school district in which
the Development Site is located;
(C) Presiding officer of the board of trustees of the
school district in which the Development Site is located;
(D) Mayor of the municipality (if the Development Site
is within a municipality or its extraterritorial jurisdiction);
(E) All elected members of the Governing Body of the
municipality (if the Development Site is within a municipality or
its extraterritorial jurisdiction);
(F) Presiding officer of the Governing Body of the
county in which the Development Site is located;
(G) All elected members of the Governing Body of the
county in which the Development Site is located; and
(H) State Senator and State Representative of the districts
whose boundaries include the Development Site.
(3) Contents of Notification.
(A) The notification must include, at a minimum, all
information described in clauses (i) - (ix) of this subparagraph:
(i) the Applicant's name, address, individual contact
name, and phone number;
(ii) the Development name, address, city and county;
(iii) a statement indicating the program(s) to which
the Applicant is applying with the Texas Department of Housing and
Community Affairs;
(iv) whether the Development proposes New Construction,
Reconstruction, Adaptive Reuse or Rehabilitation;
(v) the physical type of Development being proposed
(e.g. single family homes, duplex, apartments, high-rise etc.);
(vi) the total number of Units proposed and total number
of Low-Income Units proposed;
(vii) the residential density of the Development, i.e.,
the number of Units per acre;
(viii) information on how and when an interested party
or Neighborhood Organization can provide input to the Department;
and
(ix) Information on any proposed property tax exemption.
(B) The notification may not contain any false or misleading
statements. Without limiting the generality of the foregoing, the
notification may not create the impression that the proposed Development
will target, provide a preference, or serve a Target Population exclusively,
unless such population limitation, targeting, or preference is documented
in the Application, and is or will be in full compliance with all
applicable state and federal laws, including state and federal fair
housing laws; and
(C) Notifications or any other communications may not
contain any statement that violates Department rules, statute, code,
or federal requirements.
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