All Developments financed with Direct Loans will be required
to meet at a minimum the applicable requirements in Chapter 11 of
this title (relating to the Qualified Allocation Plan). In addition,
Developments must meet all applicable state and local codes, ordinances,
and standards; the 2021 International Existing Building Code (IEBC)
or International Building Code (IBC), as applicable. Should IEBC be
more restrictive than local codes, or should local codes not exist,
then the Development must meet the requirements imposed by IEBC or
IBC, as applicable. Developments must also meet the requirements in
paragraphs (1) - (5) of this section:
(1) Third-Party Recommendations. Recommendations made
in the Environmental Site Assessment (§11.305 of this title)
and any Scope of Work and Cost Review (§11.306 of this title)
with respect to health and safety issues, life expectancy of major
systems (structural support; roofing; cladding and weatherproofing;
plumbing; electrical; and heating, ventilation, and air conditioning)
must be implemented;
(2) Lead and Asbestos Testing. For properties originally
constructed prior to 1978, the Scope of Work and Cost Review must
be provided to the party conducting the lead-based paint and/or asbestos
testing, and the Development Owner must implement the mitigation recommendations
of the testing report;
(3) Broadband Infrastructure. The broadband infrastructure
requirements described in 24 CFR §92.251(a)(2)(vi) or (b)(1)(x)
for HOME, NSP, or TCAP RF; or 24 CFR §93.301(a)(2)(vi) or 24
CFR §93.301(b)(2)(vi) for NHTF, as applicable;
(4) Properties in Catastrophe Areas. Developments located
in the designated catastrophe areas specified in 28 TAC §5.4008
must comply with 28 TAC §5.4012 (relating to Applicable Building
Code Standards in Designated Catastrophe Areas for Structures Constructed,
Repaired or to Which Additions Are Made On and After April 1, 2020);
and
(5) Minimum Construction Standards. Rehabilitation
Developments funded with federal sources may also be required to meet
Minimum Rehabilitation Standards, as required by HUD. Rehabilitation
Developments funded by the national Housing Trust Fund are required
to meet the Multifamily Minimum Rehabilitation Standards approved
by HUD, as posted on the Department's website at https://www.tdhca.state.tx.us/multifamily/home/index.htm,
in addition to the Department's rules and NOFA requirements.
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