| Acceptance Period.
Once a letter is submitted to the Department it may not be changed
or withdrawn. The written statement must meet all of the requirements
in subparagraph (A) of this paragraph. Letters received by the Department
setting forth that the eligible Neighborhood Organization objects
to or opposes the Application or Development will be added to the
Application posted on the Department's website. Written statements
from the Neighborhood Organizations included in an Application and
not received by the Department from the Neighborhood Organization
will not be scored but will be counted as public comment.
(A) Statement Requirements. If an organization cannot
make the following affirmative certifications or statements then the
organization will not be considered a Neighborhood Organization for
purposes of this paragraph:
(i) the Neighborhood Organization's name, a written
description and map of the organization's boundaries, signatures and
contact information (phone, email and mailing address) of at least
two individual members with authority to sign on behalf of the organization;
(ii) certification that the boundaries of the Neighborhood
Organization contain the entire Development Site and that the Neighborhood
Organization meets the definition pursuant to Tex. Gov't Code §2306.004(23-a)
and includes at least two separate residential households;
(iii) certification that no person required to be listed
in accordance with Tex. Gov't Code §2306.6707 with respect to
the Development to which the Application requiring their listing relates
participated in any way in the deliberations of the Neighborhood Organization,
including any votes taken;
(iv) certification that at least 80% of the current
membership of the Neighborhood Organization consists of homeowners
and/or tenants living within the boundaries of the Neighborhood Organization;
and
(v) an explicit expression of support, opposition,
or neutrality. Any expression of opposition must be accompanied with
at least one reason forming the basis of that opposition. A Neighborhood
Organization should be prepared to provide additional information
with regard to opposition.
(B) Technical Assistance. For purposes of this paragraph,
if and only if there is no Neighborhood Organization already in existence
or on record, the Applicant, Development Owner, or Developer is allowed
to provide technical assistance in the creation of or placing on record
of a Neighborhood Organization. Technical assistance is limited to:
(i) the use of a facsimile, copy machine/copying, email
and accommodations at public meetings;
(ii) assistance in completing the QCP Neighborhood
Information Packet, providing boundary maps and assisting in the Administrative
Deficiency process;
(iii) presentation of information and response to questions
at duly held meetings where such matter is considered; and
(iv) notification regarding deadlines for submission
of responses to Administrative Deficiencies.
(C) Point Values for Quantifiable Community Participation.
An Application may receive points based on the values in only one
of the clauses (i) - (vi) of this subparagraph. Points will not be
cumulative. Where more than one written statement is received for
an Application, the average of all statements received in accordance
with this subparagraph will be assessed and awarded.
(i) Nine (9) points for explicit support from a Neighborhood
Organization that, during at least one of the three prior Application
Rounds, provided a written statement that qualified as Quantifiable
Community Participation opposing any Competitive Housing Tax Credit
Application and whose boundaries remain unchanged.
(ii) Eight (8) points for explicitly stated support
from a Neighborhood Organization.
(iii) Six (6) points for explicit neutrality from a
Neighborhood Organization that, during at least one of the three prior
Application Rounds provided a written statement, that qualified as
Quantifiable Community Participation opposing any Competitive Housing
Tax Credit Application and whose boundaries remain unchanged.
(iv) Four (4) points for statements of neutrality from
a Neighborhood Organization or statements not explicitly stating support
or opposition, or an existing Neighborhood Organization provides no
statement of either support, opposition or neutrality, which will
be viewed as the equivalent of neutrality or lack of objection.
(v) Four (4) points for areas where no Neighborhood
Organization is in existence, equating to neutrality or lack of objection,
or where the Neighborhood Organization did not meet the explicit requirements
of this section.
(vi) Zero (0) points for statements of opposition meeting
the requirements of this subsection.
(D) Challenges to opposition. Any written statement
from a Neighborhood Organization expressing opposition to an Application
may be challenged if it is contrary to findings or determinations,
including zoning determinations, of a municipality, county, school
district, or other local Governmental Entity having jurisdiction or
oversight over the finding or determination. If any such statement
is challenged, the challenger must declare the basis for the challenge
and submit such challenge by the Challenges to Neighborhood Organization
Opposition Delivery Date May 1, 2023. The Neighborhood Organization
expressing opposition will be given seven calendar days to provide
any information related to the issue of whether their assertions are
contrary to the findings or determinations of a local Governmental
Entity. All such materials and the analysis of the Department's staff
will be provided to a fact finder, chosen by the Department, for review
and a determination of the issue presented by this subsection. The
fact finder will not make determinations as to the accuracy of the
statements presented, but only with regard to whether the statements
are contrary to findings or determinations of a local Governmental
Entity. The fact finder's determination will be final and may not
be waived or appealed. Should the Neighborhood Organization's statements
be found to be contrary to findings or determinations of a local Government
Entity, or should the Neighborhood Organization not respond in seven
calendar days, then the Application shall be eligible for four (4)
points under subparagraph (C)(v) of this subsection.
(5) Community Support from State Representative. (§2306.6710(b)(1)(J); §2306.6725(a)(2); §2306.6710(f)
and (g)) Applications may receive up to eight (8) points for express
support, zero points for neutral statements, or have deducted up to
eight (8) points for express opposition.
(A) Letter from a State Representative. To qualify
under this subparagraph, letters must be on the State Representative's
letterhead or submitted in such a manner as to verify the sender,
be signed by the State Representative, identify the specific Development
and express whether the letter conveys support, neutrality, or opposition.
This documentation will be accepted with the Application or through
delivery to the Department from the Applicant or the State Representative
and must be submitted no later than the Final Input from Elected Officials
Delivery Date as identified in §11.2(a) of this chapter (relating
to Competitive HTC Deadlines). Letters received by the Department
from State Representatives will be added to the Application posted
on the Department's website. Once a letter is submitted to the Department
it may not be changed or withdrawn. Therefore, it is encouraged that
letters not be submitted well in advance of the specified deadline
in order to facilitate consideration of all constituent comment and
other relevant input on the proposed Development. State Representatives
to be considered are those in office at the time the letter is submitted
and whose district boundaries include the Development Site. If the
office is vacant, the Application will be considered to have received
a neutral letter. Neutral letters or letters that do not specifically
refer to the Development will receive zero (0) points. A letter from
a state representative expressing the level of community support may
be expressly based on the representative's understanding or assessments
of indications of support by others, such as local government officials,
constituents, or other applicable representatives of the community.
In providing this letter, pursuant to Tex. Gov't Code §2306.6710(b)(1)(J),
a representative may either express their position of support, opposition,
or neutrality regarding the Application, which shall be presumed to
reflect their assessment of the views of their constituents, or they
may provide a statement of the support, opposition, or neutrality
of their constituents regarding the Application without expressing
their personal views on the matter.
Cont'd... |
