The purpose of this section is to identify the threshold documentation
that is required at the time of Application submission, unless specifically
indicated or otherwise required by Department rule. Unless stated
otherwise, all documentation identified in this section must not be
dated more than six (6) months prior to the close of the Application
Acceptance Period or the date of Application submission as applicable
to the program.
(1) Certification, Acknowledgement and Consent of Development
Owner. A certification of the information in this subchapter as well
as Subchapter B of this chapter must be executed by the Development
Owner and addresses the specific requirements associated with the
Development. The Person executing the certification is responsible
for ensuring all individuals referenced therein are in compliance
with the certification and that they have given it with all required
authority and with actual knowledge of the matters certified.
(A) The Development will adhere to the Texas Property
Code relating to security devices and other applicable requirements
for residential tenancies, and will adhere to local building codes
or, if no local building codes are in place, then to the most recent
version of the International Building Code.
(B) This Application and all materials submitted to
the Department constitute records of the Department subject to Tex.
Gov't Code, Chapter 552. Any person signing the Certification acknowledges
that they have the authority to release all materials for publication
on the Department's website, that the Department may publish them
on the Department's website and release them in response to a request
for public information, and make other use of the information as authorized
by law.
(C) All representations, undertakings and commitments
made by Applicant in the Application process expressly constitute
conditions to any Commitment, Determination Notice, Carryover Allocation,
or Direct Loan Commitment for such Development which the Department
may issue or award, and the violation of any such condition shall
be sufficient cause for the cancellation and rescission of such Commitment,
Determination Notice, Carryover Allocation, or Direct Loan Commitment
by the Department. If any such representations, undertakings and commitments
concern or relate to the ongoing features or operation of the Development,
they shall be enforceable even if not reflected in the Land Use Restriction
Agreement. All such representations, undertakings and commitments
are also enforceable by the Department and the residents of the Development,
including enforcement by administrative penalties for failure to perform
(consistent with Chapter 2, Subchapter C of this title, relating to
Administrative Penalties), in accordance with the Land Use Restriction
Agreement.
(D) The Development Owner has read and understands
the Department's fair housing educational materials posted on the
Department's website as of the beginning of the Application Acceptance
Period.
(E) The Development Owner agrees to implement a plan
to use Historically Underutilized Businesses (HUB) in the development
process consistent with the Historically Underutilized Business Guidelines
for contracting with the State of Texas. The Development Owner will
be required to submit a report of the success of the plan as part
of the cost certification documentation, in order to receive IRS Forms
8609 or, if the Development does not have Housing Tax Credits, release
of retainage.
(F) The Applicant will attempt to ensure that at least
30% of the construction and management businesses with which the Applicant
contracts in connection with the Development are Minority Owned Businesses
as further described in Tex. Gov't Code §2306.6734.
(G) The Development Owner will specifically market
to veterans through direct marketing or contracts with veteran's organizations
and will specifically market to the public housing authority (PHA)
waitlists for any PHA in the city and/or county the Development is
located within and the PHA of any City within 5 miles of the Development.
The Development Owner will be required to identify how they will specifically
market to veterans and the PHA waiting lists and report to the Department
in the annual housing report on the results of the marketing efforts
to veterans and PHA waiting lists. Exceptions to this requirement
must be approved by the Department.
(H) The Development Owner will comply with any and
all notices required by the Department.
(I) If the Development has an existing LURA with the
Department, the Development Owner will comply with the existing restrictions.
(2) Applicant Eligibility Certification. A certification
of the information in this subchapter as well as Subchapter B of this
chapter must be executed by any individuals required to be listed
on the organizational chart and also meeting the definition of Control.
The certification must identify the various criteria relating to eligibility
requirements associated with multifamily funding from the Department,
including but not limited to the criteria identified under §11.202
of this chapter (relating to Ineligible Applicants and Applications).
(3) Engineer/Architect Certification Form. The certification,
addressing all of the accessibility requirements applicable to the
Development Site, must be executed by the Development engineer or
accredited architect after careful review of the Department's accessibility
requirements, and including Tex. Gov't Code §2306.6722 and §2306.6730.
(4) Notice, Hearing, and Resolution for Tax-Exempt
Bond Developments. In accordance with Tex. Gov't Code, §2306.67071,
the following actions must take place with respect to the filing of
an Application and any Department consideration for a Tax-Exempt Bond
Development.
(A) Prior to submission of an Application to the Department,
an Applicant must provide notice of the intent to file the Application
in accordance with §11.203 of this chapter (relating to Public
Notifications (§2306.6705(9)).
(B) The Governing Body of a municipality must hold
a hearing if the Development Site is located within a municipality
or the extra territorial jurisdiction (ETJ) of a municipality. The
Governing Body of a county must hold a hearing unless the Development
Site is located within a municipality. For Development Sites located
in an ETJ the county and municipality must hold hearings; however,
the county and municipality may arrange for a joint hearing. The purpose
of the hearing(s) must be to solicit public input concerning the Application
or Development and the hearing(s) must provide the public with such
an opportunity. The Applicant may be asked to substantively address
the concerns of the public or local government officials.
(C) An Applicant must submit to the Department a resolution
of no objection from the applicable Governing Body. Such resolution(s)
must specifically identify the Development whether by legal description,
address, Development name, Application number or other verifiable
method. For an Application with a Development Site that is:
(i) within a municipality, the Applicant must submit
a resolution from the Governing Body of that municipality;
(ii) within the ETJ of a municipality, the Applicant
must submit both:
(I) A resolution from the Governing Body of that municipality;
and
(II) A resolution from the Governing Body of the county;
or
(iii) within a county and not within a municipality
or the ETJ of a municipality, a resolution from the Governing Body
of the county.
(D) For purposes of meeting the requirements of subparagraph
(C) of this paragraph, the resolution(s) must be submitted no later
than the Resolutions Delivery Date described in §11.2(b) of this
chapter (relating to Tax-Exempt Bond Dates and Deadlines). An acceptable,
but not required, form of resolution may be obtained in the Multifamily
Programs Procedures Manual. Applicants should ensure that the resolutions
all have the appropriate references and certifications or the resolution
may be determined by staff to be invalid. The representations regarding
the Development made to the applicable Governing Body to obtain the
resolution must remain accurate, as reflected in the submitted Application.
If material aspects of the Development have changed from when the
Governing Body adopted the resolution, it is incumbent upon the Applicant
to obtain a new resolution in order to satisfy this requirement. No
resolutions older than four years will be accepted. The resolution(s)
must certify that:
(i) notice has been provided to the Governing Body
in accordance with Tex. Gov't Code §2306.67071(a);
(ii) the Governing Body has had sufficient opportunity
to obtain a response from the Applicant regarding any questions or
concerns about the proposed Development;
(iii) the Governing Body has held a hearing at which
public comment may be made on the proposed Development in accordance
with Tex. Gov't Code §2306.67071(b); and
Cont'd... |
