| (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a pre-application may not be withdrawn after the Full Application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.
(b) Pre-Application Threshold Criteria. Pursuant to
Tex. Gov't Code §2306.6704(c) pre-applications will be terminated
unless they meet the threshold criteria described in subsection (a)
of this section and paragraphs (1) and (2) of this subsection:
(1) Submission of the Competitive HTC pre-application
in the form prescribed by the Department which identifies or contains
at a minimum:
(A) Site Control meeting the requirements of §11.204(9)
of this title (relating to Required Documentation for Application
Submission). For purposes of meeting this specific requirement related
to pre-application threshold criteria, proof of consideration and
any documentation required for identity of interest transactions is
not required at the time of pre-application submission but will be
required at the time of full application submission;
(B) Funding request;
(C) Target Population;
(D) Requested set-asides (At-Risk, USDA, Nonprofit,
or Rural);
(E) Total Number of Units proposed;
(F) Census tract number or numbers in which the Development
Site is located, and a map of the census tract(s) with an outline
of the proposed Development Site;
(G) Expected score for each of the scoring items identified
in the pre-application materials;
(H) Proposed name of ownership entity;
(I) If points are to be claimed related to Underserved
Area and/or Proximity to Jobs, documentation supporting those point
elections;
(J) The name and coordinates of the nearest park, grocery
store, and library meeting the criteria established in 10 TAC §11.7(2)
as well as the name and coordinates of the elementary school of attendance;
(K) For Applications funded through the USDA Set-Aside;
year of initial construction as evidenced by the initial USDA loan
documentation;
(L) If a high-quality Pre-Kindergarten is to be provided
under §11.6(3)(C)(v), the election must be made at pre-application
and may not change at full Application; and
(M) The name and address of the nearest Housing Tax
Credit assisted Development that serves the same Target Population
and was awarded 15 or fewer years ago following the calculation established
in 10 TAC §11.7(3) according to the Department's property inventory
tab of the Site Demographic Characteristics Report.
(2) Evidence in the form of a certification provided
in the pre-application, that all of the notifications required under
this paragraph have been made. (§2306.6704).
(A) The Applicant must list in the pre-application
all Neighborhood Organizations on record with the county or state
30 days prior to the beginning of the Application Acceptance Period
whose boundaries include the entire proposed Development, where a
reasonable search for applicable entities has been conducted.
(B) Notification Recipients. Developments located in
an ETJ of a municipality are required to notify both municipal and
county officials. The notifications may be sent by e-mail, fax or
mail with registered return receipt or similar tracking mechanism
in the format included in the Public Notification Template provided
in the Uniform Multifamily Application Template or in an alternative
format that meets the applicable requirements and achieves the intended
purpose. The Applicant is required to retain proof of delivery in
the event the Department requests proof of notification. Acceptable
evidence of such delivery is demonstrated by signed receipt for mail
or courier delivery and confirmation of delivery for fax and e-mail.
Officials to be notified are those officials in office at the time
the pre-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. Between the time of pre-application
(if made) and full Application, the boundaries of an official's jurisdictions
may change. If there is a change in jurisdiction between pre-application
and the Full Application Delivery Date that results in the Development
being located in a new jurisdiction, additional notifications must
be made at full Application to any entity that has not been previously
notified by the Applicant. Meetings and discussions do not constitute
notification. Only a timely and compliant written notification to
the correct entity constitutes notification. No later than the date
the pre-application is submitted, notification must be sent to all
of the entities prescribed in clauses (i) - (viii) of this subparagraph:
(i) Neighborhood Organizations on record with the state
or county 30 days prior to the beginning of the Application Acceptance
Period whose boundaries include the entire proposed Development Site;
(ii) Superintendent of the school district in which
the Development Site is located;
(iii) Presiding officer of the board of trustees of
the school district in which the Development Site is located;
(iv) Mayor of the municipality (if the Development
Site is within a municipality or its extraterritorial jurisdiction);
(v) All elected members of the Governing Body of the
municipality (if the Development Site is within a municipality or
its extraterritorial jurisdiction);
(vi) Presiding officer of the Governing Body of the
county in which the Development Site is located;
(vii) All elected members of the Governing Body of
the county in which the Development Site is located; and
(viii) State Senator and State Representative of the
districts whose boundaries include the proposed Development Site.
(C) Contents of Notification.
(i) The notification must include, at a minimum, all
of the information described in subclauses (I) - (IX) of this clause:
(I) The Applicant's name, address, an individual contact
name and phone number;
(II) The Development name, address, city, and county;
(III) A statement informing the entity or individual
being notified that the Applicant is submitting a request for Housing
Tax Credits 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 approximate total number of Units and approximate
total number of Low-Income Units;
(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
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