| of Pre-application (if applicable),
an Elderly Development, or a Supportive Housing SRO Development or
Supportive Housing Development where all Units are Efficiency Units
are exempt. If the Board grants an Appeal of staff's determination
of Site eligibility, the Board shall document the reasons for a determination
of eligibility.
(D) Ineligibility of Developments within Areas of High
Crime. Any Development involving New Construction or Adaptive Reuse
located in an area described in (a)(3)(D)(ii) of this subsection and
for which mitigation submitted under subparagraph (D)(ii) of this
paragraph still yields a Part I violent crime rate greater than 18
per 1,000 persons (annually) is ineligible with no opportunity for
mitigation. If the Board grants an Appeal of staff's determination
of Site eligibility, the Board shall document the reasons for a determination
of eligibility.
(2) Development Size Limitations. The minimum Development
size is 16 Units. Competitive Housing Tax Credit or Multifamily Direct
Loan-only Developments involving New Construction or Adaptive Reuse
in Rural Areas are limited to a maximum of 80 total Units. Tax-Exempt
Bond Developments involving New Construction or Adaptive Reuse in
a Rural Area must meet the Development size limitation and corresponding
capture rate requirements in §11.302(i)(1)(C) of this chapter
(related to Feasibility Conclusion). Rehabilitation Developments do
not have a limitation as to the maximum number of Units.
(3) Rehabilitation Costs. Developments involving Rehabilitation
must establish a scope of work that will substantially improve the
interiors of all units and exterior deferred maintenance, and meet
the minimum Rehabilitation amounts identified in subparagraphs (A)
- (C) of this paragraph. Such amounts must be maintained through the
issuance of IRS Forms 8609. For Developments with multiple buildings
that have varying placed in service dates, the earliest date will
be used for purposes of establishing the minimum Rehabilitation amounts.
Applications must meet the Rehabilitation amounts identified in subparagraphs
(A), (B) or (C) of this paragraph. For Tax-Exempt Bond Developments
that include existing USDA funding that is continuing or new USDA
funding, staff may consider the cost standard under subparagraph (A)
of this paragraph on a case-by-case basis.
(A) For Housing Tax Credit Developments under the USDA
Set-Aside the Rehabilitation will involve at least $25,000 per Unit
in Building Costs and Site Work.
(B) For Tax-Exempt Bond Developments, less than 20
years old, based on the placed in service date, the Rehabilitation
will involve at least $20,000 per Unit in Building Costs and Site
Work. If such Developments are greater than or equal to 20 years old,
based on the placed in service date, the Rehabilitation will involve
at least $30,000 per Unit in Building Costs and Site Work.
(C) For all other Developments, the Rehabilitation
will involve at least $30,000 per Unit in Building Costs and Site
Work.
(4) Mandatory Development Amenities. (§2306.187)
New Construction, Reconstruction or Adaptive Reuse Units must include
all of the amenities in subparagraphs (A) - (O) of this paragraph.
Rehabilitation (excluding Reconstruction) Developments must provide
the amenities in subparagraphs (D) - (L), (N), and (O) of this paragraph
unless stated otherwise. Supportive Housing Developments are not required
to provide the amenities in subparagraph (B), (E), (F), (G), (H) or
(N) of this paragraph; however, access must be provided to a comparable
amenity in a Common Area. All amenities listed below must be at no
charge to the residents. Residents must be provided written notice
of the applicable required amenities for the Development. The Board
may waive one or more of the requirements of this paragraph for Developments
that will include Historic Tax Credits, with evidence submitted with
the request for amendment that the amenity has not been approved by
the Texas Historical Commission or National Park Service, as applicable.
Applicants for Multifamily Direct Loans should be aware that certain
amenities are not eligible for Direct Loan funding, including without
limitation, detached community spaces, furnishings, swimming pools,
athletic courts, and playgrounds, as more fully described at §13.3
of this title (relating to General Loan Requirements). Amenities include:
(A) All Bedrooms, the dining room and living room in
Units must be wired with current cabling technology for data and phone;
(B) Laundry connections;
(C) Exhaust/vent fans (vented to the outside) in the
bathrooms;
(D) Screens on all operable windows;
(E) Disposal (not required for USDA Rehabilitation);
(F) Energy-Star or equivalently rated dishwasher; Rehabilitation
Developments exempt from dishwasher if one was not originally in the
Unit;
(G) Energy-Star or equivalently rated refrigerator;
(H) Oven/Range;
(I) Blinds or window coverings for all windows;
(J) At least one Energy-Star or equivalently rated
ceiling fan per Unit;
(K) Energy-Star or equivalently rated lighting in all
Units;
(L) All areas of the Unit (excluding exterior storage
space on an outdoor patio/balcony) must have heating and air-conditioning;
(M) Adequate parking spaces consistent with local code,
unless there is no local code, in which case the requirement would
be one and a half spaces per Unit for non-Elderly Developments and
one space per Unit for Elderly Developments. The minimum number of
required spaces must be available to the tenants at no cost. If parking
requirements under local code rely on car sharing or similar arrangements,
the LURA will require the Owner to provide the service at no cost
to the tenants throughout the Affordability Period. If a waiver or
variance of local code parking requirements has been requested then
evidence to that effect must be included in the Application;
(N) Energy-Star or equivalently rated windows (for
Rehabilitation Developments, only if windows are planned to be replaced
as part of the scope of work); and
(O) Adequate accessible parking spaces consistent with
the requirements of the 2010 ADA Standards with the exceptions listed
in "Nondiscrimination on the Basis of Disability in Federally Assisted
Programs and Activities" 79 FR 29671, the Texas Accessibility Standards,
and if covered by the Fair Housing Act, HUD's Fair Housing Act Design
Manual.
(5) Common Amenities.
(A) All Developments must include sufficient common
amenities as described in subparagraph (C) of this paragraph to qualify
for at least the minimum number of points required in accordance with
clauses (i) - (vi) of this subparagraph:
(i) Developments with 16 to 40 Units must qualify for
two (2) points;
(ii) Developments with 41 to 76 Units must qualify
for four (4) points;
(iii) Developments with 77 to 99 Units must qualify
for seven (7) points;
(iv) Developments with 100 to 149 Units must qualify
for ten (10) points;
(v) Developments with 150 to 199 Units must qualify
for fourteen (14) points; or
(vi) Developments with 200 or more Units must qualify
for eighteen (18) points.
(B) These points are not associated with any selection
criteria points. The amenities must be for the benefit of all residents
and made available throughout normal business hours and maintained
throughout the Affordability Period. Residents must be provided written
notice of the elections made by the Development Owner. If fees or
deposits in addition to rent are charged for amenities, then the amenity
may not be included among those provided to satisfy the requirement.
All amenities must meet all applicable accessibility standards, including
those adopted by the Department, and where a specific space or size
requirement for a listed amenity is not specified then the amenity
must be reasonably adequate based on the Development size. Applications
for non-contiguous scattered site housing, excluding non-contiguous
single family sites, will have the test applied based on the number
of Units per individual site and the amenities selected must be distributed
proportionately across all sites. A Development composed of non-contiguous
single family sites must provide a combination of unit and common
amenities to equal the appropriate points under subparagraph (A) of
this paragraph for the Development size. In the case of additional
phases of a Development any amenities that are anticipated to be shared
with the first phase development cannot be claimed for purposes of
meeting this requirement for the second phase. The second phase must
include enough points to meet this requirement that are provided on
the Development Site, regardless of resident access to the amenity
in another phase. All amenities must be available to all Units via
an accessible route.
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